Released: January 2001

In January, Save the Manatee Club, along with 17 national and state environmental, animal welfare, and public interest groups, announced that we had reached a landmark settlement agreement in a federal lawsuit filed last year.

The lawsuit was filed against the U.S. Army Corps of Engineers (Corps) and the U.S. Fish & Wildlife Service (Service). The suit alleged that by their actions and omissions, the government agencies charged with the protection of the manatee were causing manatees to be “taken.” The taking of manatees includes the killing, injuring, and harassing of these endangered animals.

The settlement commits the Service to a rapid schedule for the designation of new manatee refuges and sanctuaries throughout Florida with the final rule to be issued by the end of September of this year. Manatees will now have a network of protected areas where they can be free from harassment and human activity to rest, breed, feed, and nurse their calves.

The Service and the Corps have also committed to adopting "small take" regulations under the Marine Mammal Protection Act (MMPA) within no more than 28 months. Under the MMPA, such regulations could only be issued if the Secretary of the Interior ensures that the "taking" being authorized -- which includes not only mortalities, but also sublethal injuries from collisions and harassment -- has no more than a neglible effect on the species. If the effect will be more than negligible, the authorization must be denied.

In issuing the MMPA rules, the Service has agreed to evaluate at a minimum the direct, indirect, and cumulative impacts on manatees and their habitat for all Corps permitting activities. "The net effect of these changes will result in much more protective measures for manatees." said Eric Glitzenstein of Meyer and Glitzenstein, the Washington, D.C. law firm that represented SMC and the coalition in the lawsuit. Until these new MMPA regulations are adopted, the Service must determine that a proposed project (such as a marina) is not likely to adversely affect manatees before the project can be built. Adequate speed zones and signage will have to be in place as well as speed zone enforcement sufficient to prevent watercraft collisions from occurring as a result of the project.

SMC would like to thank everyone who helped financially and our anonymous donor who is matching the funds that members donated – over $50,000! We would also like to offer our sincere thanks to the member groups in the plaintiff coalition (see below), and to our attorneys Eric Glitzenstein of Meyer and Glitzenstein, and David Guest of Earthjustice Legal Defense Fund. In addition, thanks to the SMC staff and Board of Directors for all their hard work.

Plaintiffs in the federal lawsuits include Save the Manatee Club, The Humane Society of the United States, Defenders of Wildlife, the International Wildlife Coalition, U.S. Public Interest Research Group, the Sierra Club, Animal Welfare Institute, International Fund for Animal Welfare, Citizens Association of Bonita Beach, Responsible Growth Management Coalition, Environmental Confederation of Southwest Florida, Florida Audubon Society, Florida Public Interest Research Group, Sanibel-Captiva Audubon Society, Audubon Society of Southwest Florida, Inc., Biscayne Bay Foundation, Florida Defenders of the Environment, Florida Wildlife Federation, and the Pegasus Foundation. The Washington law firm of Meyer and Glitzenstein and Earthjustice Legal Defense Fund serve as legal counsel.