The Florida Fish and Wildlife Conservation Commission listened to another round of public input Thursday and then authorized an agreement settling a lawsuit regarding manatee protection.


The lawsuit, filed by the Save the Manatee Club and other plaintiffs, alleges the FWC has not done enough to protect Florida's endangered manatees. The FWC called the special meeting at the Renaissance Orlando Resort to hear from interested persons from all sides before considering terms of the settlement.


"I don't think the Commission is guilty of what we're being sued over," said Commissioner Quinton Hedgepeth, who cast the lone dissenting vote. "I don't think settling a lawsuit is the best way to make rules."


David Meehan, commission chairman, agreed with Hedgepeth's concerns, but voted in favor of the settlement.


"I don't think we're guilty either, but I do think settling the suit is the most practical way to keep the issue in Florida."


Terms of the settlement include:

  • Revision of Brevard County manatee speed zones, which is on the agenda for consideration at the FWC's May 23-25 meeting.
  • A timeline for staff proposals to address other priority manatee areas, specifically Lemon Bay (Charlotte County); Peace River (Charlotte County); Alafia River (Hillsborough County); Terra Ceia Bay (Manatee County); Halifax River from Ponce Inlet to Dunlawton Bridge (Volusia County); Jungle Trail Area (Indian River County); Crossroads Area (Martin County); and the confluence of
    the Loxahatchee River and the Intracoastal Waterway (Palm Beach County) by November.
  • A timeline for staff rule-making proposals to address eight "safe havens" for manatees at Blue Waters in the Homosassa River (Citrus County); Warm Mineral Springs (Sarasota County); a portion of Turtle Bay (Charlotte County); Vero Beach Power Plant discharge areas Indian River County); Blue Lagoon (Dade County); Sky Lakes, DeLeon Springs (Volusia County); and Pansy Bayou (Sarasota County).
  • In these safe havens, restrictions on human use could range from "no entry" to "limited entry," including, but not limited to, motorboat-prohibited zones or idle-speed zones. Such zones may be seasonal where appropriate.
  • The Commission approved a specific amendment to the agreement that states that it is not the intent of the agreement to prohibit entry or fishing in any portion of Turtle Bay, Little and Big Mud creeks (St. Lucie County) or the Munyon Island area (Palm Beach County). Safe havens will not prevent landowners from having access to their property.
  • Staff proposes to address Tampa Bay manatee protection by early 2003. At the same time, staff would prepare rule-making proposals for six additional "safe havens," including Port Sutton (Hillsborough County); Salt Springs (Marion County); Silver Glen Springs (Marion County); Welaka Springs (Putnam County), a portion of Little and Big Mud creeks, and Munyon Island area.
  • Study and evaluate vessel/manatee collisions on the Caloosahatchee River and Mullock Creek (Lee County) by fall 2002, existing rules for Lee County and downtown portions of Duval County by fall 2003, and existing rules for Ten Thousand Islands (Collier County) by fall 2004.
  • A commitment to continue enhanced law enforcement efforts (subject to legislative funding) and education activities on the Caloosahatchee River.


The commission also directed staff, by a separate motion, to include a broad and balanced range of statewide and local interests in developing future manatee-related rules pursuant to the agreement and to require the FWC to work with the U.S. Fish and Wildlife Service to develop measurable biological goals defining manatee recovery.


The settlement does not require the FWC commissioners to adopt staff rule proposals, but it does require FWC staff to propose them and to seek public input about them.


The decision came at the end of a day-long meeting during which commissioners heard from more than 40 speakers expressing their concerns over recovery of the manatee as well as further restriction of boating activity. Opponents of the settlement, representing private interests and organizations of boating, fishing, waterskiing and other marine interests, felt the settlement would place excessive, and in some cases unwarranted, restrictions on their right to enjoy Florida's waterways. Those in favor of the settlement proposal felt such action was necessary to ensure protection of the manatee.


Representing Gov. Bush at the meeting was his chief cabinet aide, Colleen Castille, who conveyed the governor's support in the matter.


"Approving the settlement agreement, with some amendments, will remove this issue from the courts and put the state in a posture to manage our own destiny with public input from our own environmental, marine industry, recreational and commercial boating organization involvement," Castille said. She also expressed the governor's support of legislation that would fund an additional 40 officers to enforce Florida's manatee-protection laws.


Commissioner John Rood voiced his appreciation for the negotiation process that resulted in the amended settlement agreement.


"It's been amazing how all these diverse groups have come together," Rood said. "Through this process, everyone has gained a better understanding of the other side's point of view."