WASHINGTON DC (2 Aug 2002) -- A federal judge has ordered the U.S. Fish and Wildlife Service (USFWS) to designate new refuges for Florida manatees by November 1. Federal District Court Judge Emmet Sullivan called on Interior Secretary Gale Norton to demonstrate why she should not be held in contempt of court for her department's refusal to comply with a settlement agreement intended to protect manatees in Florida. The judge also ordered the department to designate sanctuaries and refuges for manatee protection throughout Florida by November 1, 2002, one month earlier than the government had proposed. In January 2001, conservation groups including the Save the Manatee Club, Defenders of Wildlife, The Humane Society of the United States, and the Sierra Club, won a landmark settlement agreement compelling the U.S. Fish and Wildlife Service (USFWS) to institute measures to protect manatees. But last week, the USFWS called the settlement illegal, saying it "unlawfully" constrains the discretion of the federal government to take no action to protect manatees, and asked Judge Sullivan to overturn the agreement. On Wednesday, the judge rejected the government's arguments, calling them "ludicrous" and "disingenuous," and noting that "The government can't pick and choose when it complies with court orders... [The government] is not above the law." "If you undercut a deal, if you violate a court order, you can't do that without any consequences," said Eric Glitzenstein of Meyer & Glitzenstein, lead attorney for the coalition. "While we certainly agree with Judge Sullivan's strong words to the administration, the most important thing is that he has ordered them to finally complete the long overdue measures they promised to protect manatees, instead of the bureaucratic, legalistic run around they've been pursuing." | | Finally! Manatees get federal protection. "Our objective isn't just to win in court," Glitzenstein added. "Instead, it is and will always remain putting in place concrete steps to protect this endangered species." The settlement agreement required the USFWS to designate 16 new manatee refuges and sanctuaries to reduce mortalities due to boat strikes. The agency has created two, but delayed the creation of the other 14, after a request by Florida Governor Jeb Bush. Florida state records show at least 71 manatees have died this year from boat collisions as of July 26, on pace to exceed last year's total of 81 boat related deaths. Chuck Underwood, a spokesperson for the USFWS, said the agency will announce a new plan for the additional refuges by November 1, but noted that it could take another six months for the refuges to be designated and posted. Secretary Norton has until the end of August to respond to Judge Sullivan's order that she demonstrate why she should not be held in contempt of court. SOURCE - ENSSCUBA FORUMDISCUSS THIS TOPIC - Dive in and have your say at Scuba Forum |
