Connecticut Based Programs Intend to Sue Over Public Sale of Plum Island

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Two Connecticut based programs designed to protect the Long Island Sound, have issued a Notice of Intent to Sue to the Department of Homeland Security and the General Services Administration for failing to protect endangered and threatened species while pursuing a public sale of the federally-owned island on the North Fork, Plum Island.

Save the Sound and Soundkeeper have filed the suit under the Endangered Species Act.

“For decades, Plum Island has been a refuge for rare wildlife in our highly-developed region,” said Leah Lopez Schmalz, director of legislative and legal affairs at Save the Sound. “The island and the waters around it are a safe haven for terns, plovers, sea turtles, rare orchids, and untold thousands of migrating birds each year.”

In August 2013, DHS and GSA issued a decision proposing sale of the island without any restrictions to prevent development that could adversely affect listed species.

Save the Sound claims that both GSA and DHS conducted their environmental assessment and issued their final recommendation for a sale without consulting the proper federal wildlife agencies and acknowledged that the species are present and that development of the island could affect them.

Plum Island, an 840-acre island located at the eastern end of Long Island Sound, has long been home to a federal animal disease research facility that restricts human presence.

As a result the island’s diverse array of habitats has become a de facto wildlife refuge.

Shore-nesting birds like the federally endangered Roseate Tern and the federally threatened Piping Plover use its shores as do 57 bird species listed as of Greatest Conservation Need in New York, such as the Osprey and Common Eider.

The waters around the island are probable habitat for five species of sea turtle that are listed as threatened and endangered.

Threatened plants and insects also populate the island, and its rocks are one of the most important seal haul-out areas in southern New England.

“The Sound’s overall health and vitality is of great significance for our region and the ecological importance of Plum Island cannot be overstated,” said Congresswoman Rosa DeLauro (CT-3), co-chair of the Long Island Sound Caucus. “This natural habitat is a refuge for wildlife that, once developed, cannot be undone. We have a responsibility to ensure the preservation of the endangered and threatened species that call this Island home.”

The Endangered Species Act protects listed species from harassment or harm, including interference with vital breeding, feeding, and behavioral activities.

In addition, it requires that federal agencies must ensure that any action authorized, funded, or carried out by them is not likely to jeopardize the continued existence of any protected species or damage any designated critical habitat.

“We strongly support the efforts of Save the Sound and its legal challenge to the government’s decision to sell Plum Island to the highest bidder,” said Bob DeLuca, president of the Group for the East End. The Long Island-based organization is a member, along with Save the Sound, of the Preserve Plum Island Coalition.

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