I. INTRODUCTION
We strongly urge the Florida Fish and Wildlife Conservation Commission to amend their current draft rule proposal to address two major inadequacies.

#1 - There are no detailed criteria for determining where manatee speed
zones are warranted and, if warranted, what type of zone is necessary; and,

#2 - There are no criteria for evaluating whether existing regulations are adequate and achieving the biological goals for manatee recovery. Without such criteria the effectiveness of existing measures cannot be determined nor can the need for additional measures be fairly or accurately evaluated.

II. SPECIFIC CRITERIA ARE NEEDED TO DETERMINE WHERE MANATEE SPEED ZONES ARE WARRANTED
There has never been any detailed criteria for determining where zones are warranted. There is only the general statutory criteria which is stated in several places in Ch. 370.12(2). Section 370.12(2)J states that the FWC may adopt manatee speed zones:

"only where the best available scientific information,
as well as other available, relevant, and reliable
information, which may include but is not limited to,
manatee surveys, observations, available studies of
food sources, and water depth, supports the conclusion
that manatees inhabit these areas on a periodic basis.
It is not the intent of the Legislature to permit the
commission to post and regulate boat speeds generally
throughout the waters of the state, thereby unduly
interfering with the rights of fishers, boaters, and
water skiers using the areas for recreational and
commercial purposes. The Legislature further intends
that the commission may identify and designate limited
lanes or corridors providing for reasonable motorboat
speeds within waters of the state whenever such lanes
and corridors are consistent with manatee protection."

This provision gives the FWC the authority to adopt zones in such areas but it is not a mandate to put zones in such areas. In addition, there is no criteria to determine which type of zone, such as slow speed, slow speed seasonal, or 25 mph is necessary. The terms “periodic” and “unduly interfering” are subject to variable individual interpretation.

A prime example of the problem can be seen in the recent FWC staff recommendations for the Anna Maria Sound area of Tampa Bay. The maps in attachment A show the information used by staff to develop the recommendation; including grass beds, red dots for visual sighting over a ten year period (1987-1997), GPS telemetry radio collar dots made by “Hagrid” and PIT telemetry and manatee mortality recoveries. We wish to specifically note that there has never been any watercraft mortalities recovered in this area. So what is it about the assemblage of accumulated dots over 10 years and the presence of various densities of sea grasses that warrants the establishment of such severe restrictions, a slow speed zone – year round - in some places more than a mile wide with only 3 narrow access corridors in the entire area?

III. EVALUATING ADEQUACY OF EXISTING PROTECTION ZONES

Section 372.072(6) F.S. states as follows:

(6) “MEASURABLE BIOLOGICAL GOALS.—No later than February 15, 2003, the commission, working in conjunction with the United States Fish and Wildlife Service, shall develop measurable biological goals that define manatee recovery. These measurable biological goals shall be used by the commission in its development of management plans or work plans. In addition to other criteria, these measurable biological goals shall be used by the commission when evaluating existing and proposed protection rules, and in determining progress in achieving manatee recovery.” (emphasis added)

The measurable biological goals provision was enacted by the Legislature as part of the major 2001 manatee legislation. The Commission adopted “measurable biological goals” in January 2003. However, the Commission has not adopted any policies or rules establishing criteria or procedures for using the measurable biological goals to evaluate existing and proposed protection measures.

There has to be criteria to evaluate whether the existing regulations are adequate in both the region and in specific bay systems. The purpose behind measurable biological goals for recovery is to determine whether the existing regulations are doing what is necessary for manatee populations to recover and remain healthy. If the regulations are achieving the goals then why would more regulations be required? The Commission will always have the responsibility to examine subset areas within a region even if the biological goals are being achieved. A specific warm water refuge area may need to be expanded to provide additional protection. Likewise, existing regulations in a region where biological goals have not been met may be more than adequate in some areas but not in others. The recent Tampa Bay recommendation again provides one of the best examples of why such criteria is needed. The enclosed graph compares annual synoptic population counts and watercraft mortalities in the Tampa Bay area. It shows that counts have increased dramatically from 88 in 1985 to an all-time record 370 in 2002 while watercraft mortalities have slowly increased from few to none in the 80’s to a maximum of 9 in 1999 and 2002. It would appear that the existing regulations have been a huge success; however, thousands of acres of new speed zones were proposed. How much faster must population counts increase or how much slower must the increase in watercraft mortalities be to determine that additional regulations are not necessary?

IV. CLOSING COMMENTS
The State of Florida alone has established more than ONE QUARTER OF A MILLION ACRES of manatee protection zones. Those 298,816 acres represent 24% of Florida coastal and inland waters. Many Florida counties already have a substantial percentage of their inshore waters in regulated manatee protection zones; including, Citrus 100%, Lake 97%, Collier 67%, Indian River 65%, Martin 66%, Palm Beach 62%, Sarasota 48%, St. Lucie 48%, and Volusia 46%. In addition, the federal government has adopted tens of thousands of acres of additional zones in the last year. The Commission must establish some specific criteria to determine where speed zones are warranted and whether existing regulations and protections zones are sufficient to protect the expanding manatee populations. Otherwise, saltwater anglers will continue to face a never-ending procession of additional zones and regulations based on lawsuits, emotions and opinions, instead of science and quantifiable criteria.

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

Attachments
A – Anna Maria Sound information from FWC Preliminary Manatee Protection Rule Proposal Presented to the Tampa Bay Local Rule Review Committee; July 15, 2003

B – Graph Comparing Tampa Bay Manatee Population Counts and Mortalities (Pinellas, Hillsborough and Manatee Counties)