Marriott Employee Charged Over Black Skimmer Deaths

A recent press release from the Marco Island Police Department stated the following:

"On Friday, January 20, 2023, Renardo Sebastian Stewart, 24-years-old out of Bonita Springs, was served with violating 10 City of Marco Island Code Ordinances regarding his involvement in the killing of five black skimmers. Stewart intentionally drove a permitted All-Terrain Vehicle (ATV) on the beach used for food and beverage delivery into a flock of resting Black Skimmers on January 9, 2023. 

The Notice of Violations will be heard at the City of Marco Island Magistrate scheduled for Tuesday, February 28, 2023. These violations are in addition to the five charges filed by the Florida Fish and Wildlife Commission (FWC). 

“We would like to thank FWC and our Community Organizations for their work and endless partnership in safeguarding our wildlife here on Marco Island. We will continue to educate the public and enforce the code of ordinances set forth to protect these special animals.”

Chief Tracy Frazzano

The Notice of Violation stated that for each black skimmer killed, Renardo Sebastian, an employee of JW Marriott, was charged with the following:

a) Violation to FWC and United States Fish and Wildlife Service (USFWS) rules relating to protection and/or taking procedures and;

b) Failure to follow all FWC and USFWS rules and guidelines relating to protection and/or taking procedure causing irreparable harm and death to a State threatened species – a black skimmer.

According to FWC, the black skimmer is protected by the U.S. Migratory Bird Treaty Act of 1918 (MBTA), and it is also protected as a State Threatened by Florida Endangered and Threatened Species Rule. On Marco it is also protected by Marco Island’s Protected Species Ordinance.

Some Key Elements of the MBTA

Statute: 16 U.S.C. 707(a) Misdemeanor Offense:

Any person, association, partnership or corporation who violates or fails to comply with any provisions or regulations of the MBTA shall be deemed guilty of a misdemeanor.

Misdemeanor Offenses shall be fined a maximum of $5,000 and or imprisoned for not more than six months for individuals, or $10,000 for an organization.

Statute: 16 U.S.C.707(b) Felony Offense:

Carry a maximum of $250,000 and/or imprisonment for not more than two years for an individual or $100,000 for an organization.

Since January 9th, immediately after the incident, questions arose on the number of permitted vehicles operating on Marco’s beach. Having read the Notice of Violations issued, “speeding of a permitted use” of the ATV/food cart was not a cited violation. 

I also reviewed the Marco Island Beach Vendor Permit application and there is a requirement that each motorized vehicle used on the beach be given a Florida vehicle identification number (VIN) and that applicant will operate on the beach in conjunction with service. I am sure the City has a list of those vehicles and their VIN numbers and a description of their permitted use, which prompted me to ask the City for the following information:

How many total permitted vehicles are there on Marco’s beach?

How many permitted vehicles are operated by JW Marriott?

Is it a permitted use to “intentionally drive” a vehicle through a flock of black skimmers?

The golf cart type of vehicle used as a food delivery conveyance – how many of these vehicles are on the beach and are they all permitted?

A notation appears at the bottom of each Beach Vendor Application stating:

All vendors will be subject to an inspection of equipment, vessels and operating standards prior to issuance of this permit to assure compliance with Article II “Beach Management and Vessel Control” of the Marco Island City Code.” What are those operating standards?

This is a question I am frequently asked: How does the City oversee the operations or usage of motorized vehicles on Marco’s beach? A Marco resident remembered many years back that motorized vehicles cannot go faster than a beach walker.