Press Release
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For Immediate Release: Contact: Ted Forsgren
April 23, 2001 (850) 224-3474
Cell phone: (407) 702-3567
CCA FLORIDA COMMENTS ON MANATEE SETTLEMENT AGREEMENT

The Florida Fish and Wildlife Conservation Commission (FWC) approved a settlement agreement to resolve a lawsuit claiming that the state had not done enough to protect manatees.

Commissioner Quinton Hedgepeth, who voted against the agreement said, "I don't think the Commission is guilty of what we're being sued over." Commission Chairman David Meehan agreed but voted in favor of the settlement stating "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."

"Although the agreement is not completely acceptable to us, we greatly appreciate several important amendments made at the hearing by the Commissioners to address concerns raised by anglers and boaters," said Ted Forsgren, CCA Florida Executive Director.

Forsgren also stated that Governor Jeb Bush and his staff played a key role in advocating changes to the initial agreement to address boater and angler issues.

CCA Florida noted that, with the exception of the proposed Brevard County rule which is on a separate rulemaking track, the final settlement agreement does not commit the Commissioners to adopt any additional manatee regulations. "While there is certainly the implication that more regulations will be recommended for the 'hot spots' and proposed 'safe havens,' the agreement was amended to clearly state that the Commissioners have complete authority and discretion to approve or reject any regulations," said Forsgren. The amendment approved by the Commission states that:

"..the commissioners of the FWC retain full authority to determine whether or not to adopt any proposed rules pursuant to this agreement or to modify such rules and this action shall not constitute a breach of the agreement."
"This was a very important amendment to demonstrate to the public that the Commissioners were not bound to a predetermined outcome," said Forsgren. "Commissioners stated that changes will be made based on science and public input."

In addition, CCA backed amendments were approved to insure that "no fishing zones" would not be established in important saltwater fishing areas. The specific amendment language states that "it is not the intent of the agreement to prohibit entry or fishing in any portion of Turtle Bay, Little or Big Mud Creeks, or the Munyon Island area."

"This was a major issue for us," said Forsgren. "We saw no reason at all to prohibit fishing in these important areas where there has never been a manatee killed by a boat."

Several hundred boaters and anglers attended the hearing to demonstrate their concerns. They clearly outnumbered advocates for the agreement. A common concern for many of those speakers was the need to establish a measurable biological goal for manatee recovery.

In a new scientific report, Dr. Thomas Fraser indicated that "All of the biological data indicates that the West Indian manatee has sustained an increasing population for the last 25 years." Fraser also noted that manatee populations appear to exceed the state criteria and conditions necessary for reclassifying the status from "endangered" to "species of special concern," or perhaps recovered. Last January, scientists counted 3,276 manatees in statewide aerial surveys; more than double the number counted 10 years ago.

According to CCA, too much emphasis has been placed on just the number of manatees killed by boats. Anglers and boaters believe the increase in boating deaths is clearly related to the increase in population because other types of mortality such as natural and perinatal (birth related) have similar upward trends over time. Such increases are to be expected in expanding populations.

"A measurable goal for manatee recovery is essential," said Forsgren. "Otherwise, as manatee populations and mortalities continue to grow, the boating public will continue to be caught in this never ending cycle of more and more regulations."

To address this major issue the Commissioners adopted a separate motion directing their FWC staff "to work with the U.S. Fish and Wildlife Service to expedite the development of a measure biological goal or goals defining manatee recovery."

In closing, CCA commented that the tactics used by the environmental and animal rights groups, including closed meetings, which prevented boating groups and other interested parties from participating in the lawsuit and settlement process has backfired on them. Groups like CCA, which have never been involved in manatee issues in the past, are now very active along with new boating groups, which have formed to specifically address these issues.

"As saltwater anglers we have learned that we cannot afford to wait for the fight to come to us," said Forsgren. "We will expand our cooperative efforts with all the fishing and boating interests. This agreement is not the end, it is the beginning of a long battle over public access to coastal waters."
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Phone: (850) 224-3474 • Fax: (850) 224-5199
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