I.  OPENING COMMENTS

• For many years, the State of Florida has taken the lead in manatee protection and their efforts have been a success leading to substantial increases in abundance. In January 2003, scientists counted an all time record 3,276 manatees in statewide aerial surveys; more than double the number counted 10 years previously. In January 2003; scientists counted 3,113, the second highest count on record. The 2003 counted included the highest number of manatees ever counted on Florida ’s east coast and in Tampa Bay .

• Manatee and animal rights groups continuously focus on only the manatee deaths attributed to watercraft. They focus on and emotionally exploit the “body count” and deliberately avoid comparing watercraft deaths over time to natural and other mortalities because a comparison of watercraft mortalities to all other mortalities over the last 25 years shows that the rates of increase are very similar. (See attachment A) An increase in all forms of mortality over time is exactly what can be expected as the manatee population expands.

• The state and federal government have established “measurable biological goals” for manatee recovery. In three of the four subpopulations where complete data is available, manatee populations have exceeded the biological goals for recovery.

• The Final Biological Status Review of the Florida Manatee, released in Decmeber 2002 by the FWC Florida Marine Research Institute, represents “the most comprehensive evaluation of the manatees’ biological status to date.” This report clearly documents that there is no evidence of any declines in manatee populations over the last 45 years and that, in fact, manatee populations have been expanding since the 1970’s.

• The State of Florida alone has already established MORE THAN ONE QUARTER OF A MILLION ACRES OF MANATEE PROTECTION ZONES! Those 298,816 acres represent 24 percent of Florida ’s coastal and inland waters. (See attachment B)

II.  LEE COUNTY / CALOOSAHATCHEE RIVER

A.  RECOMMENDATION #1

The USFWS should adopt the existing state shoreline slow speed zones and the other upriver state zones. Between the shoreline slow speed zones, a 25mph maximum zone should be established.

B.  RECOMMENDATION #2

The current proposed slow speed zone shown on the San Carlos Bay map should be reduced to encompass only a small area near the island on the central west side of the zone where manatees are known to congregate. The remaining portion of the San Carlos zone should be modified to a 25 mph or not regulated.

C.  COMMENTS / JUSTIFICATION

·        The USFWS should re-examine the impacts that the recently created USFWS one mile slow speed zone at the mouth of the river and the 67 square miles of protection zones created by the FWC in Lee County have already had on manatee protection. The current protection zones are clearly adequate. The recent and unusual spike in watercraft mortalities has been substantially reduced, and only one watercraft mortality has occurred on the Caloosahatchee River in the past 12 months.

·        Adopting the state zones with a 25 mph zone between the shoreline slow speed zones would put federal manatee zone protection on 100% of the Caloosahatchee River . It would also mean that no boat could go faster than 25 mph on any part of the Caloosahatchee.

·        The Caloosahatchee River is a very wide river from the upper end at the Seaboard Coastline Bridge to the mouth of the river, just like the Peace River in Charlotte County . In similar sections of the Peace River , the USFWS established a shoreline slow speed zone with a 25 mph zone between the shoreline zones for the middle of the river. The USFWS should use the same management and regulatory measure for the Caloosahatchee River .

·        FWC radio telemetry data clearly shows that manatee travel corridors are along the shorelines where the state has already established the shoreline slow speed zones. The existing FWC telemetry and aerial survey data indicates that manatees do not occur or inhabit the middle of the river on any regular basis. Thus, there is no scientific justification for the current proposal which extends slow speed over the entire river except for a narrow corridor which includes the marked channel.

·        The only area of the river where the FWC telemetry and survey data shows that there is a manatee travel corridor across the river is on the east side of Redfish Point. However, establishing the 25 mph zones between the shoreline buffers will provide additional protection in that area of the river.

·        There is a deep natural channel which runs from the mouth of the river (channel marker 99) south to the Sanibel Causeway which is used heavily by saltwater anglers and other boaters. Data shows that it is not a manatee aggregation area or a problem area with any significant watercraft mortalities. The current USFWS proposal is actually detrimental to manatee protection because it will cause all the boating traffic which currently uses this major natural channel to go farther west out of the river mouth and then south along the west boundary of the proposed slow zone right into a known manatee area.

In addition, the FWC’s Law Enforcement Division has noted the adverse boating safety impacts of forcing all of the boats currently using this major natural channel into the marked channel leading out of the river mouth.

·        There is no scientific justification for the proposed slow speed zones at the Edison , Caloosahatchee and Cape Coral Bridges . Again, the FWC radio telemetry and sighting data indicates that manatees are traveling along shoreline corridors in these areas and would be protected by the shoreline slow speed zones. The 25 mph zone in the middle of the river would provide additional protection.

·        USFWS staff noted at the Ft. Myers hearing that the current proposed regulations will cause a 3 hour increase (round trip) in the time it would take a boat to go from the upper stretch of the river out to Charlotte Harbor / Pine Island and back. Such an increase would absolutely ruin recreational fishing and boating on the Caloosahatchee River and create major adverse economic impacts. These adverse impacts are evident by the fact that nearly 3,000 people attended the USFWS Ft. Myers hearing to oppose the regulations.

III.  VOLUSIA COUNTY / HALIFAX AND TOMOKA RIVERS

A.  RECOMMENDATION #1

·        The USFWS should delay the adoption of all but minor modifications to the existing speed zones because the available aerial survey data is 15 years old. The FWC is currently 8 months into a comprehensive 18 month study to update all the radio telemetry and sighting data. The USFWS should not use very outdated information to create major new, and possibly conflicting zones, which will undermine FWC’s ability to develop improved zones with the newer and better data.

B.  COMMENTS / JUSTIFICATION

·        Volusia County is already one of the most heavily regulated areas of the state, 46% of the inland waters are in state manatee protection zones.

·        There is no scientific justification for year round slow speed zones in the Tomoka River . The Tomoka is not a winter warm water area and the manatees are simply not there in the wintertime.

·        FWC data indicates that only 4 watercraft mortalities have occurred on the Tomoka River in the last 30 years. Three of those mortalities were recovered in areas that are already in “idle speed” only zones. It appears that the USFWS should increase enforcement and education on the existing zones before adding more regulations.

·        It is extremely important that the USFWS maintain no less than 25 mph in the marked channel from the A1A Bridge in New Smyrna Beach to Ponce Inlet.

Prepared by Ted Forsgren, Executive Director
CCA Florida
905 E. Park Avenue
Tallahassee, FL 32301
(850) 224-3474

Attachment A – Figure 7 Comparing Boat Related to Total Manatee Deaths