FWC CONTINUES ENFORCEMENT IN LEE COUNTY MANATEE ZONES
November 14, 2002
Contact: Henry Cabbage (850) 488-8843

Tuesday, a judge issued an oral ruling in 10 consolidated cases where Lee County boaters had been charged with speeding in zones established by the FWC for the protection of endangered manatees.  The judge rejected most of the boaters’ affirmative defenses to the manatee protection rules, but he ruled that some of the boaters’ citations should not be upheld because some of the rules are arbitrary and capricious.

Manatee protection rules in much of Lee County, including most of the Caloosahatchee River (east of Channel Marker 93) and areas adjacent to Sanibel, Captiva and Coyo Costa islands, will be unaffected by the decision.

The Florida Fish and Wildlife Conservation Commission (FWC) will continue enforcing all manatee speed zones in Lee County while awaiting a written order from a county judge to do otherwise.

The judge did not specify which rules charged in the citations he thought were invalid.  He will issue a more-specific written order after the parties have an opportunity to suggest language to him.  The order will take effect when the judge signs it.

“Our officers will continue writing tickets to violators in manatee speed zones throughout the county, at least until we have the judge’s written ruling,” said FWC law enforcement director, Col. Julie Jones.  “Also, boaters should remember the U.S. Fish and Wildlife Service is preparing to post a federal manatee speed zone in part of the Caloosahatchee River and enforce it.”

Jim Antista, the FWC’s general counsel, said the agency will consider its options when it receives the written ruling.

Meanwhile, FWC manatee biologists are alarmed that some boaters may consider the oral ruling to be a suspension of manatee speed zones at the very time of year when manatees are migrating into warm-water refuges to escape the winter chill.

“With the cold front that just swept through this area, manatees are migrating into the warm-water refuges in Lee County where they are vulnerable to boats,” said David Arnold, chief of the FWC’s Bureau of Protected Species Management.  “It’s especially important for boaters to exercise caution north of Edison Bridge and in the vicinity of the Orange River.”

So far this year, 13 manatees have been killed by watercraft in Lee County alone.