Released: September 2001

In a six month review of the landmark lawsuit settlement agreement reached earlier this year between Save the Manatee Club (SMC) and the other plaintiff groups with the federal government, it is clear that government’s business-as-usual attitude will result in the authorization of a large number of new coastal projects without the conservation measures in place necessary to protect manatees and their habitat.

“The federal government is violating both the spirit and letter of our agreement,” stated Eric Glitzenstein, attorney for SMC and the plaintiff groups. “In light of the number of manatees who continue to be killed and maimed by boat strikes -- 49 killed in just the first six months of 2001 -- the U.S. Fish & Wildlife Service (Service) and the Army Corps of Engineers (Corps) should be scrutinizing every permit application because of the cumulative effects on manatees,” he added.

Instead, in the past six months the Service has given the green light to at least 200 new projects, comprising more than 1,400 boat slips in counties the Service itself has designated as high and medium risk areas.

According to the settlement, the Service is required to recommend denial of the project if adequate speed zones, signage and enforcement are not present before the project is built. However, they have consistently told the Corps that it can issue permits where none of these conservation measures can be satisfied. Nor are they considering the cumulative effects of this increased boat traffic as they continue to treat each permit application in isolation.

We have requested that the Service immediately comply with the settlement and until then we have asked them to suspend approvals for Corps permits that will add new boat traffic in medium and high-risk counties.

In related news, the Service is reneging on other parts of the settlement agreement as well. Although they agreed to adopt new refuges and sanctuaries throughout Florida, they want to coordinate this effort with the state, which, under the terms of a separate settlement, has agreed to review the adoption of additional safe havens throughout manatee habitat. The Service has come out with a list of refuges and sanctuaries that, for the most part, duplicates the state's list of safe havens. We believe there is a great deal the Service can do on its own by adopting protections the state is not addressing.

In addition, some organized fishing and boating groups and the marine industries are using the higher synoptic (aerial) survey counts -- 3,276 manatees were counted in a survey in January 2001 -- to call for the delisting of manatees. If manatees are delisted, the provisions of the Endangered Species Act will no longer prohibit them from building out manatee habitat and speeding recklessly in waters inhabited by manatees. They are also trying to undermine our credibility by stating publicly that the protections we are seeking are not needed as manatees are flourishing.

“The notion that manatees are ready to be delisted is nothing short of ridiculous,” stated Judith Vallee, SMC’s Executive Director. “Experts still don’t know if the majority of the population is increasing, stable or declining. Human-related manatee mortality continues at record rates and the status of their habitat is yet to be determined. These are some of the factors the Service must assess in order to consider reclassification. Our opponents are employing two age-old tactics: undermining our credibility with the public and decision-makers while simultaneously stating that the species is healthy and needs no further protection. In effect, if our opponents convince the public and the decision-makers that there is no problem, then no one has to worry about solutions.”