Florida Manatee:
Federal Protection

M. Lynne Corn ¹
Eugene H. Buck
Specialists in Natural Resources Policy
Environment and Natural Resources Policy Division

February 22, 1994

94-133 ENR

BACKGROUND

Three species of manatees exist today: the West Indian, Amazonian, and West African. Of these three, the first two are listed as endangered and the third as threatened under the U.S. Endangered Species Act. The Florida manatee is recognized as a separate subspecies of the West Indian manatee. This paper focuses on the Florida subspecies.

Common Names: Florida manatee, West Indian manatee, manatee, sea cow.

Scientific Name: Trichechus manatus latirostris (Florida subspecies).

Historic Range: The coastal waters of the southeastern United States and nearby Caribbean Islands.

Current Range: Year round populations are found around Florida, with some summer migration north to Chesapeake Bay and west to Texas.

Habitat: Coastal waters ranging from fresh to salt water in estuaries, inlets, and bays; sufficient aquatic vegetation and water above 68⁰ F are necessary for survival.

Population Trends: The minimum population estimate in 1970 was approximately 1,000 individuals. In a more accurate 1992 Statewide synoptic aerial survey, a minimum of 1,856 manatees were found in the coastal areas of the southeastern United States. The increased counts are most reasonably explained by the increasing accuracy of the survey method and the near-ideal weather conditions during the 1992 survey, and cannot be interpreted as indicating an actual increase in population. Sufficient data have not yet been collected which could indicate whether the manatee population is increasing or decreasing.

Legal status (Federal): Declared endangered March 11, 1967 (32 Federa1 Register 4001).

Principal Affected Agencies: Fish and Wildlife Service (FWS) (Department of the Interior); Marine Mammal Commission (MMC); Florida Department of Environmental Protection (FDEP); U.S. Coast Guard; U.S. Army Corps of Engineers.

Major Threats: In the United States, perinatal deaths (stillborn and newborn calves) and collisions or injury by power boats are equally responsible for 50 percent of manatee fatalities between 1988-1992. The cause of the perinatal deaths is not certain and is thought to vary from one area to another; the most probable contributing causes are abnormal stresses, such as pollution, noise, boat disturbance, and disease. The other major threat is loss of habitat due to continuing development of coastal areas.

Controversy: In 1989, the Florida Governor and Cabinet members approved a proposal presented by the FDEP to develop boat speed regulations as part of comprehensive Manatee Protection Plans in the 13 counties with the largest manatee population. Reduced speed zones for ten counties have already been adopted; the remaining three are in the process. With the growing number of fast powerboats, much of the boating community supports limiting boat speeds as much for general boating safety as for decreasing boat-manatee collisions. However, considerable opposition often accompanies the speed limit proposals. In Volusia County, for example, Blue Springs State Park in the St. Johns River Basin is a winter refuge for as many as 70 manatees and is considered an unusually important manatee habitat. Speed limits were placed on tributaries in the St. Johns River Basin, which the Blue Springs manatee population uses. A local citizen's boating group, Citizens for Responsible Boaters, felt the speed limits were overly restrictive, especially in certain areas. They feared the increased travel time from sport fishing camps to fishing areas would cause clientele to go elsewhere. Despite these objections, the slower speed proposals were adopted on June 25, 1991.

During January 1993, local courts overturned speed restrictions because of ambiguous wording and left no official means of slowing down boats during the winter when the largest number of manatees were present. Because of this ruling, weaker and less restrictive speed limits were formulated by the FDEP and implemented in Volusia County in September 1998.² However, this same lower court ruling was overturned when a higher court, on appeal, found in favor of the FDEP, hence making the original slower speed limits legal. The FDEP is currently determining the legal implications of the higher court ruling.

Lawsuits: The Kings Bay-Crystal River area is another unusually important manatee habitat, because natural springs provide warm water needed for winter survival. The local population has increased from about 100 in the 1980s to 800 at present and is one of only two populations that is increasing. The same features attracting manatees are also attracting an increasing number of scuba divers, up to 80,000, mostly in the winter. The Crystal River area has seven manatee sanctuaries and a national wildlife refuge that includes the main spring; waterborne activities are allowed in the refuge but not in the sanctuaries, allowing manatees to retreat there when human presence becomes disturbing. Though the refuge was established to protect manatees and conserve habitat, the FWS has purposely left the main spring area open to diving to accommodate local businesses dependent on divers. However, under the National Wildlife Refuge System Administration Act of 1966, all secondary uses must be compatible with the refuges' original purpose(s). Scuba diving in the Crystal River Wildlife Refuge has been determined to be incompatible with the purpose of the refuge to protect manatees, and furthermore, since divers chase, pet, and ride the animals, also to have violated the Marine Mammal Protection Act and the Endangered Species Act (50 C.F.R. Part 17) due to manatee harassment. The National Audubon Society has filed suit against the FWS for inadequately protecting the manatees, asking for discontinuation of all waterborne activities in the main spring. The local businesses strongly oppose this suit and cite the prospering manatee population as evidence of the divers' harmlessness. FWS is now accepting comments on a proposed compromise, dubbed the 'key-hole' plan, allowing divers within a corridor from the edge of the refuge to the main spring as well as use of the actual spring.

Upcoming Events or Deadlines: The Florida Manatee Recovery Plan for fiscal years of 1989-1993 has been reviewed by the MMC and is in the process of being updated for fiscal years 1994-1998.

The Caribbean Regional Manatee Workshop, to be held in March 1994 in Kingston, Jamaica, will try to pool information about all Caribbean manatees and develop management plans for certain populations. The Workshop is being pursued under the authority of a 1991 Protocol to the Cartagena Convention, sponsored by the United Nations Environment Program (UNEP).

References

¹ Under the supervision of M. Lynne Corn, Winchee Lin, B.Sc. candidate at Cornell University, researched and contributed to the final draft of this report.

² The Save the Manatee Club challenged these weaker restrictions, claiming that the original limits should be reinstated and the newer, less restrictive, speed limits discarded.