The U.S. Fish and Wildlife Service (Service) announced a decision today to develop an emergency rule to designate five key locations in Lee County, Florida as federal manatee protection areas.

The areas affected by this emergency designation are in Matlacha Pass, Estero Bay, southwest side of Pine Island, eastern San Carlos Bay and the mouth of the Caloosahatchee River.

These areas are in the same general vicinity where a manatee was found dead of watercraft inflicted wounds on February 18 near Pine Island.

The Service's action is the latest development stemming from a recent ruling by a Lee County judge that created serious lapses in manatee protection in Lee County. This predicament began last year, when local boaters purposely sped through manatee protection zones, hoping to be ticketed so they could challenge the state rules. The local judge ruled in favor of the local boaters and invalidated the state rules.

Although the case was appealed by the Florida Fish and Wildlife Conservation Commission (FWCC) and the rules remained in place while the appeal was pending, the FWCC failed to file its paperwork in a timely manner and the local appeals court refused to hear the appeal on its merits. Most recently, the FWCC filed an appeal with the District Court of Appeals (DCA) to have the rules reinstated.

On February 19, the Service designated the Lee County areas as Areas of Inadequate Protection (AIPs). A Service press release stated, “…the loss of these state zones places manatees at risk and leaves the Service with no choice but to recommend the denial of [dock] permits in areas affected by this decision.”

In taking this latest action, the Service will exercise its authority to establish manatee protection areas as provided for in the Endangered Species Act of 1973. The emergency designations for these areas will be in place for up to 120 days from date of publication in the Federal Register.

While the emergency designations are in place, the Service will simultaneously propose regulations to make these federal designations permanent. The proposal will allow an opportunity for public comment.

Aerial survey data from the Florida Fish and Wildlife Conservation Commission show significant year-round manatee use in the designated areas. These areas provide seagrass forage and warm water refuges for manatees. The FWCC data also show high watercraft-related manatee mortalities throughout the year. Since 1991, at least 34 documented watercraft-related manatee deaths have occurred in the areas affected by the loss of state protections, with dozens more such deaths in adjacent areas.

Save the Manatee Club (SMC) strongly supports the Service's action to develop the emergency rule in Lee County. "There is strong evidence that manatees using these areas are in imminent danger of injury and death if the state zones are no longer there to protect them,” said Patti Thompson, Save the Manatee Club Director of Science and Conservation. “Lee County is one of the fastest growing regions in the country, so these risks will only increase over time. It’s difficult to imagine a more compelling case for emergency designation than high-mortality areas that have recently lost all manatee protections under state law. ”