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Florida Federal Court Rejects Attempt to Strip Manatees of Protection Under Marine Mammal Act
For further information, contact:

Tracey McIntire, The Humane Society of the United States, 301-548-7793
Patti Thompson, Save the Manatee Club, 407-539-0990
Laurie Ann Macdonald, Defenders of Wildlife, 727-823-3888
Eric Glitzenstein, Esq., Meyer Glitzenstein & Crystal, 202-588-5206

For Immediate Release: July 14, 2005

WASHINGTON – Advocates for the endangered Florida manatee announced today that a federal court has preserved the protection of Florida manatees and other marine species under the Marine Mammal Protection Act (MMPA).

The Florida Marine Contractors Association filed suit in 2003 challenging the federal government’s rejection of permit applications for the construction of new docks in inland manatee habitat. The association argued that the protections of the MMPA did not apply to inland waters. A coalition of manatee advocates led by The Save the Manatee Club, The Humane Society of the United States, and Defenders of Wildlife opposed the suit and were granted permission to appear as amicus curie.

The decision by the U.S. District Court for the Middle District of Florida was issued yesterday.

The manatee advocates got involved in the case because additional boating traffic in the manatees’ habitat would result in an increase in injuries and deaths of the slow-moving mammals. This concern was backed up by the U.S. Fish and Wildlife Service’s own conclusion that building the docks would have more than a “negligible impact” on the manatees and would violate the MMPA. To make matters worse, the contractors provided no protective measures for manatees – such as slow speed zones, sign postings, and proper enforcement – in the areas where the docks were to be built.

Judge James S. Moody, Jr. ruled that the MMPA “demonstrates clearly that Congress identified man’s activities as the undesirable cause of marine mammals’ artificially low numbers, and recognized these activities as being both commercial and recreational in nature.” Judge Moody notes that the objective of the MMPA is “to protect marine mammals from these artificial hazards so that their numbers can reach and maintain equilibrium with their natural habitats.” In rejecting the developers’ claims, the Court observed that limiting the application of the MMPA would allow recreational activities to continue without regard for marine mammal habitats – which is precisely the result Congress wished to avoid in enacting the MMPA.

“This is a huge win for manatees and for all marine mammals that inhabit Florida’s estuaries and river systems,” said Patti Thompson, director of science and conservation for Save the Manatee Club. “It validates Congress’ intention to protect marine mammals throughout their habitat.”

“We are so pleased the court saw through the developers’ attempt to eviscerate the Marine Mammal Protection Act,” said Jonathan Lovvorn, vice president of animal protection litigation for The Humane Society of the United States. “Comprehensive protection of marine mammals in both state and federal waters is not only mandated by the MMPA, but is also critically necessary for the survival and recovery of species like the West Indian manatee.”

“Our waterways have become ‘treacherous waters’ for the manatee,” said Laurie Ann Macdonald, Florida director for Defenders of Wildlife. “We are glad to see the court affirm that the protection of the MMPA will accompany the manatee throughout its travels between marine and inland systems.”

The manatee advocate groups were represented by Meyer Glitzenstein & Crystal, a public interest law firm located in Washington, D.C.

The Humane Society of the United States is the nation’s largest animal protection organization representing more than nine million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org.

Save the Manatee Club is a membership-based, national nonprofit organization. Funds from the Adopt-A-Manatee program go toward public awareness and education projects; manatee research; rescue and rehabilitation efforts; advocacy and legal action in order to ensure better protection for manatees and their habitat.

Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 490,000 members and supporters, Defenders of Wildlife is an effective leader on endangered species issues.