Question: What does the Settlement do for manatees?

Answer: The Settlement furthers manatee protection and conservation in several important ways, including:

It requires the U.S. Fish and Wildlife Service (FWS) to establish “new manatee refuges and sanctuaries throughout peninsular Florida.” These refuges and sanctuaries will address the “needs of the manatee at an ecosystem level in order to ensure that adequate protected areas are available throughout peninsular Florida to satisfy the biological requirements of the species, with a view towards the manatee’s recovery.” Under the settlement, new refuges and sanctuaries must be proposed for public comment by April 2, 2001, and must be adopted by September 28, 2001.

It requires the FWS to issue, within the next two years, comprehensive regulations (required by the Marine Mammal Protection Act and the Endangered Species Act) for ensuring that projects permitted by the Army Corps of Engineers – which includes all new docks, piers, boat slips, and similar structures in manatee habitat – have no more than a “negligible” effect on manatees. The Service would also be obligated to prescribe conservation measures for ensuring that Corps-permitted projects have the “least practicable impact” on manatees and their habitat.

It requires the FWS and Corps to analyze, in an Environmental Impact Statement, or an Environmental Assessment (as required by the National Environmental Policy Act) the “direct, indirect, and cumulative impacts on manatees and their habitat” of all Corps-permitted projects in manatee habitat.

As an “interim” step (i.e. while the Marine Mammal Protection Act regulations are being developed), it requires the FWS and the Corps to apply new, stringent criteria before approving any new projects that would increase boat traffic in manatee habitat. In counties where the Service has determined that manatees face a “high” or “medium” risk of being killed by boats, new projects could not be permitted unless the affected areas have established, and are enforcing, speed zones that are adequate to protect manatees.

It requires the FWS to issue a new, updated Manatee Recovery Plan by February 28, 2001. Under the Endangered Species Act, recovery plans must set forth the steps that the federal government will pursue to recover an endangered species, as well as the “criteria” that must be satisfied before the species is removed from the list, or “downlisted” from endangered to threatened status.

It requires the Corps to allow for much greater public scrutiny of the Corps permitting process, so that groups like Save the Manatee Club will be in a position to monitor how the Corps is making decisions on projects that could adversely affect manatees.

Question: Who has signed this Settlement?

Answer: It has been signed by attorneys for (1) the plaintiffs, which consist of Save the Manatee Club, the lead plaintiff, and seventeen other international, national, and regional conservation and animal protection organizations, (2) the federal defendants, which consist of the United States Army Corps of Engineers, the United States Department of the Interior, and the United States Fish and Wildlife Service, and (3) the industry intervenors in the case, which consist of the Association of Florida Community Developers, the National Marine Manufacturers Association, the Marina Operators Association of America, and the Marine Industries Association of Florida.

Question: In what court has the Settlement been filed?

Answer: The United States District Court for the District of Columbia.

Question: What impact does the Settlement have on the lawsuit brought by Save the Manatee Club and other conservation groups against the Florida Fish and Wildlife Conservation Commission?

Answer: This settlement has no direct impact on that lawsuit, which is still pending in the United States District Court for the Northern District of Florida.

Question: Does this Settlement impose a moratorium on all development in manatee habitat?

Answer: No, but it will require the federal government to be far more careful before it issue federal permits allowing such development. As an “interim” measure, the federal government must ensure that speed zones exist and are being adequately enforced before permitting new projects that would increase boat traffic in manatee habitat. As a long-term approach, the federal government must ensure that Corps-permitted projects throughout manatee habitat are having no more than a “negligible” cumulative effect on the species and its habitat, which will require extensive analysis as to where such projects should, and should not be, built.

Question: Why did the plaintiffs settle the case instead of continuing to litigate?

Answer: The plaintiffs believe that this Settlement creates an unprecedented opportunity for a new era in manatee conservation efforts by the federal government. We believe that the Settlement, if implemented in good faith, can help bring manatees back from the brink of extinction and pave the road for their eventual recovery.

Question: What if the Settlement is not implemented in good faith?

Answer: Plaintiffs have entered into this Settlement based on the assumption that it will be implemented in good faith. However, if the Settlement is “breached,” plaintiffs can – and will – return to Court to press their claims against the Corps and the Fish and Wildlife Service.

Question: Does the Settlement itself prescribe the areas that the Fish and Wildlife Service will designate as refuges and sanctuaries?

Answer: No. The Settlement requires the Fish and Wildlife Service to “ensure that adequate protected areas are available throughout peninsular Florida to satisfy the biological requirements of the species,” and the specific determination as to which areas will be designated will be made by the Service after it receives full public comment.

Question: What is the difference between a manatee refuge and a sanctuary?

Answer: As defined by the Fish and Wildlife Service’s regulations, a manatee “sanctuary” is an area where “all waterborne activities are prohibited.” A manatee “refuge” is an area where some “waterborne activities” may be allowed subject to such “restrictions” as are necessary to protect manatees.

Question: Can and will there be future litigation over various items in the Settlement, such as the new Recovery Plan and MMPA rules issued by the FWS, or new permit decisions made by the Corps?

Answer: Plaintiffs would certainly prefer to use the Settlement as a springboard for working cooperatively with the federal agencies – and the industry intervenors – to develop balanced, scientifically based solutions for manatee conservation and recovery. However, if the agencies revert to decisionmaking based on political pressure, rather than what the law requires or good science dictates for manatee conservation and recovery, plaintiffs can and will seek additional relief in Court.

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