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1-7j, 40 Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan MANATEE LEGISLATION & PROTECTION Federal Through the Marine Mammal Protection Act of 1972, as amended in 1996, and the Endangered Species Act (ESA) of 1973 (as amended 1.6 U.S.C. 1531 et. seq.), the U.S. Fish and Wildlife Service (USFWS) has been given authority to manage and protect manatees. The ESA, as amended, prohibits any human activities which result in "taking" a listed threatened or endangered species. A "take" is defined in the ESA to include "to harass (i.e. disrupt normal behavior patterns), hann, pursue, wound, or kill." [U.S.C. Section 1532( 19)] Habitat alteration in an area suitable for a listed or endangered species is also considered a potential "take." The ESA defines Manatee "refuges" as areas where certain waterborne activities are prohibited or regulated. "Critical habitats" are defined as areas which are essential to the conservation of the species. The Florida Manatee Recovery Plan (FMRP) was adopted in 1984 by the USFWS, and subsequently updated in 1989 and 1996. The USFWS is the lead agency on the Florida Manatee Recovery Plan (FMRP). As such, development and other human activities in designated critical habitat (but not limited to designated critical habitat) are subject to regulations and review by the USFWS. The goal of the revised FMRP is to downlist and ultimately de -list the Florida Manatee, if recovery criteria have been met. To accomplish this goal, the FMRP has established four objectives. These objectives include: • identifying and minimizing the causes of manatee disturbance, injury and mortality; • protecting the critical habitat of manatees; • determining and monitoring the status of manatee populations and essential habitat; • coordinating review activities, monitoring and evaluating progress, and revising the Recovery Plan. According to the recovery plan, downlisting/de-listing of the Manatee should be considered when analyses indicate that the population is growing or stable, when mortality factors are reduced to acceptable levels or decreasing, and when critical habitats arc secure and threats to them are controlled or decreasing. State As of July 1, 1999 the Florida Game and Fresh Water Fish Commission (FGFWFC), the Florida Marine Patrol (FMP), and the FDEP"s Bureau of Protected Species Management were merged into the Florida Fish and Wildlife Conservation Commission (FWC). Within the FWC the Bureau of Protected Species Management was placed within the Office of Environmental Services, The FWC has the authority to review Manatee Protection Plans (MPP) developed by individual counties. Other participating state agencies include: the FIND, the FMP, the FDEP, water management districts (WMDs), and regional planning councils (RPCs). Community Development Department Page 6