North Florida Field Office
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North Florida Field Office Fact Sheet Proposed Marine Mammal Protection Act Incidental Take Regulations - Florida manatee |
Background |
Manatees are a federally protected species under both the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). Boat-related mortality in manatees is the greatest human-caused threat to the species. Historically, operation of power boats is responsible for about 25 percent of all manatee deaths and about 80 percent of all human-caused mortality in manatees. Successful recovery of the manatee is dependent on controlling and reducing this source of injury and mortality. In January 2000, Save the Manatee Club and several other groups and individuals filed a lawsuit against the U.S. Fish and Wildlife Service and the Corps of Engineers alleging violations of the ESA, MMPA, National Environmental Policy Act, and Administrative Procedure Act. A settlement agreement was reached and ratified by the U.S. District Court in January 2001. Among the tasks to be accomplished is development of MMPA Incidental Take Regulations to address incidental take of manatees. |
Issue |
Although the ESA authorizes the "take" of listed
species with a permit, the MMPA specifically contains a moratorium on the
taking of marine mammals with certain exceptions. The development of
Incidental Take Regulations is one of those authorized exceptions.
The Service believes these proposed regulations can address incidental take of manatees resulting from government activities related to watercraft and watercraft access facilities including: (1) regulating boater behavior on the water (e.g., speed zones); (2) permitting construction of watercraft access facilities (marinas, docks, boat ramps); (3) funding construction of watercraft access facilities; (4) operating watercraft access facilities; and (5) operating watercraft or other activities. In the absence of these Incidental Take Regulations, any take associated with the previously listed government activities is not authorized. |
Status |
For its proposed rule, the Service defined the specified
geographic area to be the manatees’ range within the State of Florida.
Long-term studies suggest four relatively distinct regional populations of
manatees in Florida: Northwest, Upper St. Johns River (from Palatka
south), Atlantic (including the St. Johns River north of Palatka), and
Southwest. The Service has concluded that these regions meet the criteria
for classification as separate stocks under the MMPA and will reflect this
determination in the next revision of the Stock Assessment Report for the
West Indian Manatee.
The Service is proposing a finding that the total expected takings of Florida manatee during local, State, and Federal government activities related to the operation of watercraft and watercraft access facilities would have a negligible impact on this species for the Upper St. Johns River and Northwest stocks and a negligible impact with the implementation of mitigating measures for the Atlantic Stock. For the Southwest Stock, the Service proposal notes that these activities would have more than a negligible impact on the species and, therefore, it is not proposing to authorize incidental take for this stock: a negative finding under the MMPA. The Service is seeking written comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. Specifically, they are seeking: information regarding manatee population studies/data, particularly for the Southwest Stock; information regarding mitigating measures, including technological measures, that would result in the least practicable impact on manatees and their habitat; information regarding the effectiveness of mitigating measures currently in place; information regarding the potential social and economic effects of the proposed regulations; information regarding means of minimizing potential social and economic effects of the negative finding for the Southwest Stock; suggested means and measures to report and monitor the effects of incidental take on manatees; and nominations for participants to serve on the Working Group on Watercraft-related Incidental Take. All comments must be received within 60-days (January 13, 2003 - extended to and CLOSED on January 27, 2003) of the Proposed Rule’s publication in the Federal Register. Comments may be mailed, hand delivered, faxed, or submitted electronically. Please mail or deliver comments to: U. S. Fish and Wildlife Service, North Florida Field Office, 6620 Southpoint Drive, Suite 310, Jacksonville, FL 32216-0958. Comments may also be faxed to 904-232-2404. Send electronic comments to: manatee@fws.gov. Please include your name and return mailing address in your mail, fax or e-mail and indicate "MMPA Rule" or "Draft EIS" in the subject line depending on which document you are submitting commenting on. The Service has also scheduled six public hearings at the following locations: Monday, December 2, 2002 at the Harborside Convention Hall, 1375 Monroe St., Ft. Myers; Tuesday, December 3, 2002 at the Holiday Inn & Conference Center, 4732 N Dale Mabry Hwy, Tampa; Wednesday, December 4, 2002 at the Radisson Hotel & Conference Center, 3101 N. Highway A1A, Melbourne; Thursday, December 5, 2002 at the Daytona Beach Resort & Conference Center, 2700 N. Atlantic Ave., Daytona Beach; Monday, December 9 at the Holiday Inn, 201 N. 1st St., Palatka; on Tuesday, December 10 at the Doubletree University Florida Hotel & Conference Center, 1714 SW 34th St., Gainesville; and on Thursday, December 12 at the Renaissance Hotel, 1617 SE 17th Street (SR A1A), Fort Lauderdale. All hearings will run from 6 p.m. to 9 p.m. Request for additional hearings must be received within 30-days of the proposed regulations’ publication date. The filing of these Proposed Incidental Take Regulations and Draft EIS complies with the part of the final provision of the settlement of the lawsuit Save the Manatee Club et al v Ballard. |
Questions? |
The Proposed Rule, Frequently Asked Questions
and this Fact Sheet are available at our web site. Paper copies may be
requested by writing to USFWS, Attn: MMPA Proposed Rule, 6620 Southpoint
Dr. S, Suite 310, Jacksonville, FL 32216, by fax at 904-232-2404 or by
e-mail at manatee@fws.gov.
If you have specific questions or need special assistance, please contact our Jacksonville Field Office at 904-232-2580, ext. 109. |
Proposed
MMPA ITRs Federal Register Notice
Proposed
MMPA ITRs FAQs
Final
Environmental Impact Statement