Lee County Ruling Puts Manatees in Danger

The Issue:

Due to a recent ruling by a local Lee County judge, very serious lapses in manatee protection exist in Lee County where more manatees have been killed by boats in a single year than anywhere else in Florida.

This predicament began when local boaters purposefully sped through manatee protection zones, hoping to be ticketed so they could challenge the state rules. Not only did the local judge rule in favor of the local attorneys, the judge went even further and invalidated the rules rather than just finding the defendants not guilty.

Both the Florida Fish and Wildlife Conservation Commission (FWCC) and Save the Manatee Club feel strongly that the judge did not have the authority to invalidate the rules. This is a matter for the Department of Administrative Hearings and an Administrative Law Judge to make a ruling, based upon the scientific evidence used by the FWCC in adopting the rules.

Although the case was appealed by the FWCC and the rules remained in place while the appeal was pending, the FWCC failed to file its paperwork in a timely manner and the local appeals court refused to hear the appeal on its merits. Most recently, the FWCC filed an appeal with the District Court of Appeals (DCA) to have the rules reinstated until the DCA hears the appeal on its merits.

Recently, we learned that the DCA has agreed that the case should be heard, but it is not yet clear whether the district court will hear it or refer it back to the circuit court to be heard. The FWCC has asked, and SMC agrees, that it would be better for the district court to hear the case. In addition, the U.S. Fish and Wildlife Service had just issued a press release recognizing that, as a result of the recent denial of the FWCC appeal, there were no longer any measures to protect manatees in these important county waters. The release stated, “…the loss of these state zones places manatees at risk and leaves the Service with no choice but to recommend the denial of permits in areas affected by this decision.”

The SMC staff is following this issue closely to make sure that adequate regulations are adopted and is encouraging the federal government to adopt an emergency speed zone rule for these areas.

What You Can Do:

Even though the DCA has agreed the case should be heard, we don’t know how long that will take, and we need to make sure that manatees are protected now. Please write to Sam Hamilton, SE Regional Director, and Dave Hankla, Field Supervisor, at the U.S. Fish and Wildlife Service. Ask them to immediately adopt an emergency speed zone rule to take the place of the state rule that was invalidated while the case is pending. Please also thank them for their decision not to allow permitting in these areas until protection is reinstated.

Sam Hamilton, SE Regional Director
U.S. Fish and Wildlife Service
1875 Century Blvd., Suite 400
Atlanta, Georgia 30345
Fax: 404-679-4006

Dave Hankla, Field Supervisor
Jacksonville Field Office
U.S. Fish & Wildlife Service
6620 Southpoint Drive South, Suite 310
Jacksonville, FL 32216
Fax: 904-232-2404

Please send e-mail for both Sam Hamilton and Dave Hankla to: manatee@fws.gov

Thanks for your help on this important issue!

Return to the main Take Action! page