Boat collisions and habitat loss are causing Manatees to sink further towards extinction. Federally protected since 1967, the Manatee is far from being recovered and scientists believe it is at serious risk of disappearing from U.S. waters. Environmental laws clearly prohibit actions that harm Manatees, but state and federal agencies ignore and refuse to enforce those laws.

The Save the Manatee cases simply ask that state and federal agencies implement and enforce these environmental laws to stop Manatee deaths and eventually to bring them back to healthy population levels. Boat collisions killed an alarming number (82) of Manatees in 1999. This threat, and others, can be addressed immediately through application and enforcement of environmental laws.

Save the Manatee v. Florida Fish & Wildlife Conservation Commission

(represented by Earthjustice Legal Defense Fund
in the U.S. District Court of North Florida)

The Endangered Species Act applies to state actions, as well as federal and private actions. States, just like any other private or federal entity, must not harm or "take" (cause injury or death) an endangered or threatened species. Unfortunately, the State of Florida is wittingly causing harm to manatees by not complying with the law.

Take of Manatees in State Speed Zones : The State of Florida’s Fish & Wildlife Conservation Commission (FWCC) establishes boat speed limits in many Manatee use areas. Many of the FWCC’s regulations allow watercraft to speed (more than 25mph) through Manatee habitat. Even in official Manatee protection zones, Florida provides little or no enforcement. As a result, an increasing number of boat collisions are killing, injuring, maiming and significantly harassing threatened manatees -- 82 boat kills occurred in 1999, up from 67 in 1998.

The ESA’s §9 prohibits the "take" (injury or death) of an endangered or threatened species. Because boats and jet skis cannot travel at Florida’s authorized speed levels without necessarily risking injury or death of a Manatee, Florida is violating the ESA.

The State of Massachusetts faced a similar suit in 1997 (Strahan v. Coxe) because it authorized fish netting in right whale zones. In that case, the court ordered the State to obtain an "incidental take permit" from the U.S. Fish and Wildlife Service, complete with netting restrictions and conservation measures. The plaintiffs ask the FWCC to obtain an incidental take permit with conservation measures to reduce manatee deaths and injuries.

Save the Manatee v. U.S. Army Corps of Engineers
& Department of Interior

(represented by Meyer & Glitzenstein
in the U.S. District Court of District of Columbia)

The Endangered Species Act, Marine Mammal Protection Act, and National Environmental Policy Act provide tools to protect Manatees and, hopefully, speed their recovery. Unfortunately, the Army Corps of Engineers and the Department of Interior refuse to implement much needed Manatee conservation measures required by law.

Adverse Modification of Manatee Critical Habitat: The Army Corps of Engineers has authorized more than 170 projects, such as dredging and construction of boat marinas, in Manatee critical habitat without ever stopping to consider the cumulative impacts on the Manatees. In addition to boat collisions, Manatees suffer higher stress in traffic areas, which may result in "perinatal deaths" (stillborn and newborn calves), and Manatees need pristine habitats with healthy vegetation for feeding.

Section 7 of the ESA clearly prohibits the Department of Interior and the Corps from "adverse modifying" critical habitat, those areas designated as essential to Manatee breeding, feeding, migration and shelter.

Plaintiffs ask the Department of Interior and the Corps to stop adversely modifying critical habitat and implement conservation measures recommended by the government’s own biologists.

Cumulative Impacts on Manatees: A single boat collision or one new boat slip may not cause Manatees to become extinct. But in Florida, where new residents and visitors flock for recreational boating, the cumulative impact of many boat collisions and many new boat slips is seriously harming Manatees and their environment.

The National Environmental Policy Act (NEPA) requires federal agencies to look at the cumulative impact of their actions on the environment and examine possible alternatives to minimize those impacts. The Army Corps of Engineers has not considered the cumulative effect of authorizing hundreds of projects in Manatee habitat.

Plaintiffs ask that the Corps stop authorizing more impacts until it fulfills it promise to conduct an Environmental Impact Statement looking at cumulative effects.

Take of Manatees By Boat Collisions: By far, the largest single human-related cause of Manatee deaths is high-speed boat collisions. Many of the Army Corps’ projects – such as marina and boat slip construction -- cause increased boat traffic in known Manatee habitat.

Collisions and the stress caused by boat traffic harms Manatees and is said to cause a "take," prohibited by §9 of the ESA and §101 of the MMPA. Despite causing thousands of Manatee "takes," the Department of Interior has never authorized the Army Corps for these takes, either through an "incidental take permit" or an "incidental take statement."

The plaintiffs ask that the Corps stop taking Manatees until it receives proper authorization, and starts implementing mitigation and conservation measures recommended by the scientists at the US Fish and Wildlife Service.

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