Despite being sentenced in 2023 to nearly 1,2 million euros in fines and damages for destruction of protected turtles, Patrick Rocca, one of the first employers in Corsica, and his company Fortimmo were authorized to deviate from the environmental code on this construction site of 162 housing units.
A decree from the Corse-du-Sud prefecture, signed on January 29, authorizes it in particular to “destroy or intentionally disturb specimens of protected animal species” or “degrade breeding sites”.
The National Nature Protection Council (CNPN) gave a favorable opinion to this request for an exemption granted on condition that Mr. Rocca and his company “implement avoidance, reduction and compensation measures”.
It must in particular compensate for "the loss of 5,4 hectares of forest habitat and the destruction of Hermann's tortoises" by providing "two sectors in the commune" with a total of "69 hectares".
The U Levante association specified in a press release that "compensatory measures" are "not feasible in 'sensitive natural spaces'", citing a report from the General Council for the Environment and Sustainable Development.
However, "one of the two compensation areas chosen by the developer, contiguous to the real estate project, encroaches on approximately 24 unconstructible hectares of the Natural Zone of Ecological, Fauna and Flora Interest (ZNIEFF)" of the "Uccioli wetland " and on "approximately 29 unconstructible hectares" of a "remarkable or characteristic space", she details, with supporting map.
“It’s a sham compensation measure, an illusion, a barter... in a fake way,” she denounces.
On January 24, 2023, the Ajaccio court sentenced the entrepreneur to a fine of 150.000 euros and six months suspended prison sentence for mutilation and unauthorized destruction of a protected animal species as well as for alteration and destruction of its habitat on this project.
His company was also ordered to pay a fine of 500.000 euros. Damages of 500.000 euros for the State and 30.000 euros for U Levante were also awarded.
The appeal filed by the entrepreneur will be judged on June 19 in Bastia.
Along with the Var, Corsica is the last refuge of the Hermann's tortoise, the only land tortoise in mainland France. It is classified as “near threatened” globally and vulnerable in France.