1. Plaintiffs Save the Manatee Club, the Humane Society of the United States, Defenders of Wildlife, Sierra Club, the Animal Welfare Institute, the International Wildlife Coalition, United States Public Interest Research Group, Florida Public Interest Research Group, International Fund for Animal Welfare, Florida Wildlife Federation, the Florida Audubon Society, the Audubon Society of Southwest Florida, Pegasus Foundation, Biscayne Bay Foundation, the Responsible Growth Management Coalition, Environmental Confederation of Southwest Florida, Citizens Association of Bonita Beach, Sanibel-Captiva Audubon Society, Emmett F. Stallings, Judith Vallee, and Patrick Rose sue Allan Egbert, Executive Director of the Florida Fish and Wildlife Conservation Commission ("FWCC").

2. This suit is brought under the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., for authorizing the take of the Florida manatees, (Trichechus manatus latirostris), a listed endangered species under the ESA. Specifically, defendant Egbert is violating the prohibition in section 9 of the ESA by authorizing watercraft to travel at high rates of speed in areas frequented by manatees.

3. Watercraft traveling at high speeds in areas frequented by manatees necessarily risk the unauthorized killing, harming, and harassing of manatees in Florida waters, a violation of the taking prohibition under section 9 of the ESA, 16 U.S.C. § 1538(1)(B).

4. In 1998, there were a record 66 watercraft-caused manatee fatalities in Florida and dozens of non-fatal boat propeller and impact injuries, all of which constitute "takes" under section 9 of the ESA. In 1999, that record was shattered with a staggering 82 confirmed manatee mortalities from watercraft collisions in Florida waters.

5. A very large fraction of Florida manatees bear watercraft propeller scars.

6. Plaintiffs provided defendant with more than sixty days written notice of the violations alleged herein before commencing this action, as required by the ESA, 16 U.S.C. § 1540(g)(2)(C). See letter dated August 16, 1999 to Dr. Allan Egbert, Executive Director, Fish & Wildlife Conservation Commission, from David Guest, a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by reference.

7. Plaintiffs have formally demanded of the defendant that it correct the violations of Section 9 of the ESA alleged herein, but the defendant has refused to do so.

8. An actual controversy exists between the parties within the meaning of 28 U.S.C. § 2201(a)(10) (declaratory judgments).

11. Plaintiff Save the Manatee Club ("SMC") was established in 1981 by former Florida Governor Bob Graham and singer Jimmy Buffett. It is a national, membership-based, nonprofit organization dedicated solely to protecting manatees and their habitat. SMC is perhaps the largest organization in the U.S. presently engaged in efforts to protect a single species. The purpose of SMC is to promote public awareness and education, to sponsor research, rescue and rehabilitation efforts, and to advocate and take appropriate legal action for manatee conservation. In the past decade, SMC introduced and lobbied for the passage of the manatee license plate bill which funds the state’s manatee protection programs. SMC also helped pass the Manatee Protection Bill amending the Florida Manatee Sanctuary Act. Through its legal efforts, SMC has stopped or significantly modified proposed projects in manatee habitat that would have had a deleterious effect on manatees and important habitat features. SMC has also donated hundreds of thousands of dollars to manatee research which has resulted in increased knowledge about the life history, physiology, distribution, and abundance of this important species.

12. SMC has more than 40,000 members in almost every state, including Florida, many of whom regularly observe, photograph, study, and otherwise enjoy Florida manatees. The ability of SMC and its members to engage in these activities is directly threatened by the defendant’s regulation of watercraft operations which are resulting in the deaths and injuries of manatees by watercraft collisions in areas enjoyed by SMC and its members.

13. Plaintiff Humane Society of the United States ("HSUS") is a non-profit, tax-exempt corporation organized and existing under the laws of the Commonwealth of Delaware, with offices in Washington, D. C. and Gaithersburg, Maryland. HSUS is the largest animal protection organization in the U.S., with over 7.3 million members and constituents (hereinafter "members"), approximately 200,000 of whom reside in the state of Florida. The HSUS has eight regional offices and extensive programs dedicated to the protection of animals and wildlife. The HSUS is committed to the goal of protecting, conserving, and enhancing the nation’s wildlife and wildlands and fostering the humane treatment of all animals. In furtherance of its goals and objectives, the HSUS and its members have demonstrated a strong interest in the preservation, enhancement, and humane treatment of manatees. Many HSUS members travel to Florida from other states with the intent and expectation of observing manatees in their natural habitat as part of their vacation experience. A substantial number of HSUS members reside on the coasts of Florida where manatees live, and regularly observe, photograph, and study manatees for conservation, educational, professional, aesthetic, and scientific purposes. The ability of HSUS and its members to pursue these activities is directly impaired by the loss of manatees as a result of death and injuries from boat impacts and propellers. All of the above-described activities are impaired as a result of illegal injuries and deaths of manatees from watercraft activities authorized by Allan Egbert and the FWCC.

14. Plaintiff Defenders of Wildlife ("DOW") is a nonprofit corporation with approximately 300,000 members and supporters across the nation, including 20,000 members and supporters in Florida. DOW is dedicated to preserving wildlife and emphasizing appreciation and protection for all species in their ecological role within the natural environment. Through education, advocacy, litigation, and other efforts, DOW works to preserve species and the habitats upon which they depend. DOW brings this action on its own institutional behalf, and also on behalf of its members, who regularly observe, photograph, and study manatees for conservation, educational, professional, aesthetic, and scientific purposes. The ability of DOW and its members to pursue these activities is directly impaired by the loss of manatees as a result of injuries and deaths from boat collisions.

15. Plaintiff Sierra Club is a non-profit corporation with approximately 500,000 members in chapters and groups in all 50 states. Sierra Club and its members are actively involved, inter alia, in species and habitat protection in Florida and throughout the country. Among the purposes of the Sierra Club are to explore, enjoy, and protect the wild places and animals on earth. The Sierra Club conducts outings programs to enable its members to explore and to enjoy the natural environment and enlists its members to advocate for the protection of the earth’s wild places and animals. The Sierra Club, Florida Chapter, consists of over 20,000 persons residing within the State of Florida. Many of these members are attracted to the Sierra Club because of its outings program and the opportunities such a program offers for wildlife—including manatee—observation. The Florida Chapter outings program includes canoe and kayak trips providing opportunities to see and observe manatees. The Florida Chapter retains a state legislative lobbyist, whose duties include working on legislation related to the protection of the manatee. Members of the Sierra Club work and support efforts to protect the manatee, including: purchasing "Save the Manatee" automobile license plates; opposing permitting actions adversely affecting the manatee; and handing out information about the manatee at various fairs and events throughout the State of Florida. Sierra Club brings this action on its own institutional behalf, and also on behalf of its members, who regularly enjoy observing and looking for manatees, and have regularly engaged in, and will continue to engage in, educational, recreational and scientific activities relating to manatees throughout Florida. The ability of Sierra Club and its members to engage in educational, recreational and professional activities with regard to the manatee is directly impaired by the loss of manatees as a result of boat impact injuries and fatalities caused by watercraft operations authorized by the defendant.

16. Plaintiff Animal Welfare Institute ("AWI") is a non-profit charitable organization founded in 1951 to reduce the sum total of pain and fear inflicted on animals by humans. One of many goals for AWI is the preservation of species threatened by extinction. AWI represents over 800 members throughout the State of Florida whom are concerned by the loss of manatees every year. Manatees and their habitats are an intricate part of the lives and livelihood of many Floridians. AWI members enjoy daily opportunities to view manatees through recreation and tourism and regularly observe, photograph, study, and otherwise enjoy Florida manatees for professional or personal interest. In addition, AWI members from outside the State of Florida also travel there to observe, photograph, and study manatees for conservation, educational, professional, aesthetic, and scientific purposes. Continued watercraft impact and propeller mortality of manatees in these waters adversely affects the substantial interests of AWI and its members.

17. Plaintiff International Wildlife Coalition ("IWC") is a federally recognized tax-exempt not-for-profit charitable corporation. Based in East Falmouth, Massachusetts, IWC concentrates on educational and conservation issues involving whale and wildlife protection policy and provides consistent financial support for a select group of wildlife rescue and rehabilitation efforts around the world. IWC benefits from a total membership of approximately 70,000 individuals in the United States, United Kingdom, Canada, Brazil, and other countries. These members and supporters belong to one of two IWC promotions, IWC Donors (support for all wildlife and habitat issues) and the Whale Adoption Project (support for marine mammals and all aquatic creatures and critical water and wetland habitats). Relative to issues of conservation of Florida manatees, IWC has 2,162 members in the state of Florida.

18. The IWC’s involvement with manatee conservation and related grassroots and public education efforts first began in November 1996. At that time the organization’s publications Whalewatch and Wildlife Watch started running updates on manatee natural history and conservation efforts in Brazil and in the Caribbean. Since that time, IWC has routinely published educational articles, photographs, and original artwork on manatees and dugongs in Florida and elsewhere. In November 1997, the IWC refurbished a used powerboat and donated it to the Sheriff’s Department in Wakulla County (Florida) to be used as a platform for enforcement of on-the-water manatee protection laws in the St. Marks River. IWC staff has visited Florida on numerous occasions to inspect manatee conservation efforts at the State and Federal levels. IWC staff and members study manatees for educational, conservation, and aesthetic purposes. Continued watercraft impact and propeller mortality of manatees in these waters adversely affects the substantial interests of IWC, its staff, and its members.

19. Plaintiff U.S. Public Interest Research Group ("U.S. PIRG") is a nonprofit corporation with approximately 200,000 members across the nation, including 127 members in Florida. U.S. PIRG is a national educational and issue advocacy group, which represents the State PIRGs, including plaintiff Florida Public Interest Research Group ("Florida PIRG"), whose Citizen Lobby has 10,000 members in the State of Florida. U.S. PIRG and Florida PIRG are actively engaged in education, research, lobbying, and citizen organizing to encourage environmental protection, including the preservation of endangered species (including the Florida manatee) and the habitats on which they depend. U.S. PIRG and Florida PIRG bring this action on their own institutional behalfs, and also on behalf of their members who have engaged in, and will continue to engage in, educational, recreational, and scientific activities in those portions of Florida where manatees are located, and who enjoy observing, looking for, and studying manatees. Continued watercraft impact and propeller mortality of manatees in these waters adversely affects the substantial interests of U.S. PIRG and Florida PIRG, and their members.

20. Plaintiff International Fund for Animal Welfare ("IFAW") was founded in 1969. IFAW is a 503(c)(3) nonprofit organization with its headquarters in Massachusetts and with ten other offices around the globe. With over two million members, IFAW has been recognized as one of the most effective animal welfare organizations in the world. IFAW uses law, science, and the media as advocacy tools to improve the welfare of wild and domestic animals worldwide. Much of IFAW’s work involves the protection of marine mammals, birds, and reptiles and their habitats around the world, including those in the waters adjacent to the eastern United States. IFAW has approximately 15,500 current members residing in Florida, many of whom observe, photograph, and enjoy manatees. In addition, IFAW’s non-Florida members travel to Florida in order to observe, photograph, and study the manatees. IFAW’s concern for the welfare of the manatee and other marine mammals prompted it to retain a Florida contractor to report on, among other things, the status of the manatee population in Florida. IFAW has retained this contractor from 1996 through the present in various capacities. The ability of IFAW’s members to observe, photograph, and study the manatees is directly and adversely affected by the defendant’s failure to comply with the ESA.

21. Plaintiff Florida Wildlife Federation ("FWF") is a Florida not-for-profit corporation with its principal place of business at 2545 Blairstone Pines Drive, Tallahassee, Florida, 32314. There are approximately 14,000 FWF members residing throughout the state of Florida. FWF’s purpose is to promote environmental conservation and education and a major area of emphasis for the organization is the protection of wildlife and wildlife habitat, including the Florida manatee and its habitat. FWF has participated and continues to participate on behalf of its members in legal and administrative challenges to defend and otherwise support rules to protect manatees in Florida.

22. FWF files this action on its own behalf and on behalf of its members in an effort to protect their recreational, aesthetic, scientific, conservation, and other interests in endangered manatees in Florida. Members of FWF regularly use and enjoy Florida waters for a variety of purposes, including, but not limited to, education about, observation of, and recreation related to manatees. The ability of FWF’s members to observe, study, and enjoy manatees are directly impaired by the loss of manatees as a result of injuries and deaths from boat impacts and boat propeller wounds, as well as by destruction of manatee habitat where manatees are observed.

23. Plaintiff Florida Audubon Society is a longtime state environmental group, comprised of over 35,000 members, and 45 local chapters throughout Florida. The members and chapters of the Florida Audubon Society utilize the waters of the state of Florida inhabited by the endangered West Indian manatee for nature study, scientific research, recreation, and other lawful resource-based activities. Continued mortality of the West Indian manatee caused by watercraft impacts and propeller injuries in these waters adversely affects the substantial interests of the Florida Audubon Society, its chapters, and its members by depriving them of the ability to benefit from the presence of the manatee in the aquatic environment.

24. The Florida Audubon Society, its chapters, and its members have been active in efforts to protect the manatee and its habitats from destructive activities through efforts to protect wetland ecosystems and to prevent inappropriate development in Florida inshore waters, including the designated critical habitat of the manatee under the ESA.

25. The Florida Audubon Society owns several parcels of real property which are located within and adjacent to the designated critical habitat of the West Indian manatee. These properties are managed as wildlife sanctuaries for the purpose of protecting wildlife species, including the endangered manatee. The failure of state regulatory agencies to protect the manatee through the application of the requirements of the ESA has the impact of harming or damaging the property interests of the Florida Audubon Society and frustrates its goal of managing these properties as wildlife sanctuaries. Examples of these properties are a 38-acre riverfront wildlife sanctuary in Putnam county known as the "Pepe" Wildlife Sanctuary and a 60-acre property in Brevard county known as the "Turkey Creek Wildlife Sanctuary." Both of these properties are impacted by motorboat-related activities that result from regulators not appropriately administering state and federal laws under the requirements of the ESA, resulting in the death and injury of manatees by watercraft impacts and propellers.

26. Plaintiff Audubon Society of Southwest Florida, Inc. ("ASSF") is an affiliated chapter of the National and Florida Audubon Societies. ASSF’s mission is to protect birds, wildlife, and habitat; to promote environmental education; and to increase community involvement with natural world. Current membership is in excess of 1,000. ASSF members utilize the waters of the state of Florida inhabited by the endangered West Indian manatee for nature study, scientific research, recreation, and other lawful resource based activities. ASSF maintains a strong presence in southwest Florida by sponsoring numerous educational programs and trips, providing input for decisions involving ecological issues, and sponsoring a local "environmental breakfast" that draws many environmentalists, citizens, elected officials, and other interested individuals from throughout southwest Florida. Continued watercraft impact and propeller related mortality of the manatee in Florida waters adversely affects the substantial interests of ASSF and its members by depriving them of the ability to benefit from the presence of the West Indian manatee in the aquatic environment.

27. The Pegasus Foundation ("Pegasus") is a private independent foundation committed to animal protection, environmental preservation, and public education. Pegasus asserts that all forms of life warrant respect and that human beings must strive to make the world a more humane place for all living things. Pegasus has received and will continue to receive funding for the purposes of researching and studying the Florida manatee.

28. With its mission involving environmental and animal protection and Florida as a focus area, Pegasus has a direct interest in the endangered Florida manatee. Pegasus appreciates the uniqueness of this species, and as a foundation works to protect it for its own sake as well as for the enjoyment of the public at large. Since 1997, the Pegasus Foundation has been engaged in research regarding the manatee to determine ways of increasing protection. In partnership with Save the Manatee Club, Pegasus has helped to fund and forward grassroots efforts among Florida citizens and visitors to support manatee protection. In one of the most challenging areas for the manatee, Brevard County, a full-time manatee grassroots staff person has been hired. In the St. Marks river area, after seeing the threats to manatees during a visit there, Pegasus helped a local manatee group, HuManatee, acquire a boat for their Sheriff’s department to use for manatee enforcement. Other local efforts include involvement in southwest Florida through the Conservancy of Southwest Florida’s Friends of the Manatee. Efforts to bring the manatee situation to national attention have also been an important focus. Pegasus has held briefings for legislative offices and national environmental groups in Washington, D.C., as well as published articles in a variety of national publications. Pegasus also maintains regular contact with the office of Florida Senator Bob Graham to discuss manatee issues and initiatives. Continued watercraft impact mortality of manatees in Florida waters adversely affects the substantial interests of Pegasus.

29. Plaintiff Biscayne Bay Foundation ("BBF") was formed in 1996 and is a non-profit private conservation organization whose mission is to preserve and protect Biscayne Bay and to support Biscayne National Park for all generations. Today the organization is growing both in numbers and influence within the community and has approximately 500 members in Florida. It is the goal of the Foundation to protect the Bay from further deterioration while also educating the community about the treasure they have at their own back door. Manatees are an integral part of Biscayne Bay and their survival is an important goal of BBF. A substantial number of BBF members reside on the coast of Florida and near Biscayne Bay, and regularly observe, photograph, and study manatees for conservation, educational, and aesthetic purposes. The ability of BBF members to pursue these activities, and thus enjoy all that Biscayne Bay has to offer, is directly impaired by manatee injuries and deaths from watercraft impacts and propellers.

30. Plaintiff Responsible Growth Management Coalition ("RGMC") was incorporated in 1988 to promote responsible growth management in southwest Florida through informed citizen participation. RGMC represents civic and environmental groups, homeowner groups, and individuals with a membership totaling about 200. RGMC members regularly observe, photograph, and study manatees for conservation, educational, and scientific purposes. RGMC tracks ordinances, development permits, and zoning variances and other land use decisions in order to provide input at decision points aimed at protecting and enhancing quality of life. RGMC operates as an environmental activist organization and has filed and participated in a number of legal initiatives and lawsuits aimed at insuring the productivity and sustainability of our natural resource base. Of special concern are threatened and endangered species and their habitat, including the Florida manatee and its habitat. The members of RGMC represent coastal interests in southwest Florida where the manatee is one of the creatures eliciting RGMC’s highest concern. The ability of RGMC’s members to pursue all the above-mentioned goals is directly impaired by manatee injuries and deaths from watercraft impacts and propellers.

31. Plaintiff Environmental Confederation of Southwest Florida ("ECOSWF") was organized to protect conservation interests in southwest Florida. Founded in 1969, the organization has grown from a five county coalition to include members in most of western Florida from Hillsborough County south through Collier County and a substantial portion of central Florida. ECOSWF has approximately 200 members. ECOSWF’s first priority is active stewardship of Florida’s wildlife, water, soil, and air through citizen participation and education and the support of preservation and conservation. Besides playing a much-needed networking role for the regional environmental groups during its 30-year history, ECOSWF has evolved into an environmental activist group that initiates and participates in numerous legal initiatives and lawsuits. Additionally, a substantial number of ECOSWF’s members regularly observe, photograph, and study manatees for conservation, educational, and aesthetic purposes. The ability of ECOSWF members to pursue these activities is directly impaired by manatee injuries and deaths from watercraft impacts and propellers.

32. Plaintiff Citizens Association of Bonita Beach ("CABB") was organized in 1985 with a focus on the beaches and coastal waters of southwest Florida with the purpose of preserving this environment and the public access to it, including preservation of the Florida manatee. CABB has a membership of approximately 1,500. A substantial number of CABB members reside on the coast of Florida, and regularly observe, photograph, and study manatees for conservation, educational, aesthetic, and scientific purposes. An active stand has been taken by CABB and its members on numerous environmental issues impacting coastal areas. CABB started the coastal cleanup program in southwest Florida and continues to participate with the Center for Marine Conservation in this annual effort. Other efforts include cooperative programs with the local school educating children about the value of coastal resources and the necessity to protect and enhance them. A major fundraising effort found money to help complete Carl Johnson State Park at Lovers Key in Lee County. The ability of CABB’s members to pursue all the above mentioned goals is directly impaired by manatee injuries and deaths from watercraft impacts and propellers.

33. Plaintiff Sanibel-Captiva Audubon Society ("SCAS") has for over 30 years worked with other Audubon chapters and with the Florida Audubon Society to protect wildlife habitat, nor only for birds, but for the manatee and other forms of wildlife. SCAS conducts an annual series of winter wildlife lectures for members and the general public that focus on endangered species such as the manatee. SCAS members regularly observe, photograph, study, and otherwise enjoy Florida manatees for conservation, aesthetic, professional, and personal interests. Continued watercraft impact and propeller related mortality of manatees in these waters adversely affects the substantial interests of SCAS and its members.

34. Plaintiff Dr. Fran Stallings is Co-Chairman of plaintiff SMC and a member of the Board of Directors of plaintiffs RGMC and ECOSWF. In his professional capacity, Dr. Stallings advocates for manatee conservation in many forums, including legal and administrative proceedings. He routinely disseminates information to the public regarding manatee conservation issues. He also regularly goes boating for the purpose of viewing manatees and makes regular flights over southwest Florida for the purpose of observing manatees and their habitat. Dr. Stallings’ ability to engage in these recreational and professional activities is directly impaired by defendant’s authorization of watercraft activities that injury and kill manatees.

35. Plaintiff Judith Vallee has been the Executive Director of SMC since 1985. She has worked actively on manatee protection issues since 1982, first as a local activist and then with the local chapter of the Audubon Society as a volunteer before her employment with SMC. Ms. Vallee sits on the Manatee Technical Advisory Council, which advises the state of Florida on manatee protection issues. Ms. Vallee routinely disseminates information regarding manatee conservation to SMC members and other members of the public. She also regularly visits manatees at Blue Spring State Park and at Homosassa Springs State Wildlife Park. Her ability to engage in these recreational and professional activities is directly impaired by defendant’s authorization of watercraft activities that injury and kill manatees.

36. Plaintiff Patrick Rose is the Director of Government Relations for plaintiff SMC, where he has worked since 1996. He has worked professionally as a manatee researcher and biologist to study and conserve manatees since 1977. He has regularly observed, photographed, dived in the habitat of, and otherwise enjoyed manatees in numerous locations in Florida for more than thirty years. His ability to engage in these recreational and professional activities is directly impaired by defendant’s authorization of watercraft activities that injury and kill manatees.

37. The above-described aesthetic, conservation, recreational, professional, scientific, educational, and other interests of plaintiffs and their respective members will continue to be injured unless the relief prayed for herein is granted, will continue to be adversely affected and irreparably injured by the defendant’s violation of Section 9 of the ESA.

38. The injuries described above are actual, palpable injuries suffered by plaintiffs. These injuries are caused by the defendant’s authorization of watercraft to travel at high speed in areas frequented by manatees, which watercraft operations necessarily risks the take of manatees through boat impacts. Plaintiffs’ injuries would be redressed by the relief sought herein. Plaintiffs have no adequate remedy at law.