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| Press Release |
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| For Immediate Release: |
Contact: Ted Forsgren |
| September 10, 2002 |
(850) 224-3474
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Cell phone: (407) 702-3567 |
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| CCA FLORIDA COMMENTS ON NEW MANATEE SPEED ZONES AND REFUGES PROPOSED BY FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION |
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On Thursday, September 12, the Florida Fish and Wildlife Conservation Commission (FWC) will decide whether to adopt additional new manatee speed zones in ten areas of the state. CCA Florida has been working with the FWC to encourage a balance between manatee protection and access for fishing.
"From the beginning, our goal in this process has been to insure that the interests of saltwater anglers are fairly considered and to offer reasonable recommendations and alternatives based on facts not emotion," said Dr. Ernie Hendry, Chairman-CCA Florida. "We will be supporting a majority of the Commission's proposed new zones. We are also recommending modifications in one area and there is one proposal we will oppose."
The FWC proposals are a result of a lawsuit filed two years ago by manatee groups who claimed that the State of Florida had not done enough to protect manatees and that such inaction was "causing manatees to sink further toward extinction." The FWC and the manatee groups entered into a settlement agreement to resolve the lawsuit. Since then substantial scientific information has been made public. The science indicates that statewide manatee populations have been steadily increasing over the last 30 years, not declining.
"The original premise of the lawsuit, that manatees were declining to extinction, is now clearly documented to be false," said Ted Forsgren, Executive Director-CCA Florida.
Florida's manatee protection programs combined with federal protection efforts, have resulted in substantial increases in manatee abundance. The "minimum" population counts from annual state surveys have been on an upward trend. In January 2001, state scientists visually counted an all time record of 3,276 manatees in their statewide survey; more than double the number counted 10 years ago.
CCA's Forsgren stated that efforts by the manatee group and its attorneys to portray watercraft mortalities as skyrocketing out of control are deliberately misleading. The 27 years of data in the FWC manatee carcass recovery program indicates that such statements are clearly false, which is why the manatee groups always avoid comparing increases in watercraft deaths with increases in other mortalities.
"The rate of increase in watercraft-related deaths is less than the rate of increase in natural mortalities and the rate of increase in the total of all non-watercraft deaths," said Forsgren. "A steady increase in all forms of mortality validates and fits with what is being seen in the annual population counts which have more than doubled in the last ten years. An increase in all mortalities is exactly what you would expect to see with a manatee population that has been expanding for 30 years."
Even with expanding manatee populations, CCA Florida stated that conservationists and recreational fishers who share the coastal waters with manatees should support reasonable protection measures to help reduce accidental watercraft mortalities, which is why a majority of the FWC proposals are being supported by the group. However, CCA noted that extreme restrictions, such as 5 mph year round on water bodies which have had only one or even no watercraft mortalities, should not be imposed.
CCA Florida is recommending that the FWC modify two areas within their proposed Peace River zones from the proposed 5 mph to 25 mph. Both areas currently have no speed limits at all and in each of these areas there has been only one watercraft mortality in the past 30 years. In addition, CCA Florida is not supporting the Jungle Trail proposal in Indian River County because 75.6 percent of the inshore waters in Indian River County are already covered by manatee protection zones.
"We are encouraged by and appreciate the efforts made be the Commission and their staff to work with CCA Florida and other recreational fishing interests. Their cooperative effort is evident in the proposals for Terra Ceia Bay, Turtle Bay, and the Alafia River, which show that regulations can be designed to provide manatee protection and still provide reasonable access for recreational fishing," said Dr. Ernie Hendry. "No one in our group wants any harm to come to manatees. We want to do our part."
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CCA FLORIDA COMMENTS AND RECOMMENDATIONS
FOR
FWC HOT SPOT / SAFE HAVEN MANATEE ZONES |
1. INTRODUCTION
CCA FLORIDA SUPPORTS A MAJORITY OF THE PROPOSED NEW MANATEE ZONES. WE RECOMMEND IMPORTANT CHANGES IN ONE AREA AND IN ONE OF THE AREAS WE OPPOSE ANY ADDITIONAL REGULATIONS.
2. RECOMMENDATIONS SUMMARY BY AREA
The following outline provides details on those specific areas where CCA Florida supports the FWC proposal, the area where important changes are recommended, and the area where we oppose any additional regulations.
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AREA NAME
Warm Mineral Springs
Vero Beach Powerplant
Pansy Bayou
Terra Ceia Bay
Turtle Bay
Alafia River
Peace River
Jungle Trail / Indian River
Blue Waters
Lemon Bay
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CCA FL RECOMMENDATIONS
Supports
Supports
Supports
Supports
Supports
Supports
Changes Recommended
OPPOSES
No Comments
No Comments |
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3. COMMENTS
Two years ago, manatee groups filed a lawsuit against the State of Florida claiming that the state had not done enough to protect manatees and that such inaction was "causing manatees to sink further toward extinction." The FWC and the manatee groups entered into a settlement agreement to resolve the lawsuit. Since then substantial biological information has been made public. The best available scientific evidence indicates that statewide manatee populations have been steadily increasing over the last 30 years, not declining.
Thus, the original premise of the lawsuit, that manatees are declining to extinction, is now known to be false.
We are aware of comments which have been made by manatee groups indicating that they are not satisfied with the amount of new regulations recommended in this set of ten "hot spots" and "safe havens." We wish to point out that the manatee groups have already achieved the major component of the settlement agreement, the revised Brevard County manatee regulations. Brevard County now has more than 100 square miles of state and federal manatee protection zones in effect.
The terms of the settlement agreement require FWC staff to develop and propose additional regulations; however, the settlement agreement specifically states that the FWC Commissioners are not legally mandated to adopt any additional regulations. Section 16 of the agreement states as follows.
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"16. As to any rules proposed pursuant to this
agreement, the FWCC staff will, in good faith,
advocate the proposals; however, the commissioners
of FWCC 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."
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Florida Statutes give authority to the FWC to adopt boating regulations in areas where manatees occur on a "frequent or recurring" basis. It is important to note that this is an authorization to regulate in such areas not a mandate. The decision regarding whether to regulate, and the extent of regulation, is entirely within the discretion of the Commission. This is an important distinction under the current situation where expanding populations are resulting in manatees becoming "frequent or recurring" in more and more areas of the state.
We suggest that the Commission can, and should, take into consideration the status of manatee populations in a region when the Commission considers what kind of regulations may be necessary. The level of regulation should be different in regions where populations are expanding versus areas where they may be stable.
For the Peace River proposal, we recommend that the Commission modify the proposed speed zone from 5 mph to 25 mph in two areas. In each of those areas there has been only one watercraft mortality in the past 30 years. We do not believe that a single mortality justifies establishing such restrictive measures over several square miles. In addition, manatee populations in the Peace River areas are certainly not declining. In fact, FWC aerial survey data for the Peace River shows dramatic increases in abundance. Average sightings per flight increased from 3.7 manatees per flight in the late 1980's, to 14.5 in the early 1990's, to 22 per flight in 1998-1999 - a 600% increase over the last 10 years.
Our primary issue and objection to the Jungle Trail proposal is that 75.6 percent of the inshore waters of Indian River County are already in manatee protection zones. Before the FWC adds additional major restrictions it should re-examine the need for such extensive zones throughout the county. If 75.6 percent of the inshore waters is not enough then possibly the current zones are not in the correct locations.
We are encouraged by and appreciate the efforts made by FWC staff to work with CCA Florida and other recreational fishing interests and to modify original proposals. Such cooperative effort is evident in the recommendations for Terra Ceia Bay, Turtle Bay, and the Alafia River. Regulations can be designed which provide additional manatee protection and still provide reasonable access for recreational fishing. |
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State Office: P.O. Box 568886 • Orlando, FL 32856
Phone: (407) 854-7002 • Fax: (407) 854-1766
e-mail: Marcia Dunfee |
Advocacy Office: 905 East Park Avenue • Tallahassee, FL 32301
Phone: (850) 224-3474 • Fax: (850) 224-5199
e-mail: Amy Harllee |
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