Marine Canary in the Coal Mine: The Latest Threats to Manatee Survival and Efforts to Save Them.

• Author: Awasthi, Catherine

Your authors grew up in Florida enjoying the natural wonders of a relatively unspoiled state. One of these natural pleasures, perhaps the most unique, was experiencing the magnificent manatee in Florida waters. Sometimes referred to as "sea cows" because of their roly-poly appearance, vegetarian diet, slow motion, and gentle ways, manatees have become, like their far more aggressive carnivorous cousins the alligator, a symbol for the state of Florida. One of the most successful motor vehicle specialty plates offered by the state features the manatee. They are undoubtedly beloved marine mammals deeply important to the people of Florida. One could even say they are Florida's "charismatic megafauna." Yet, like so many other gentle creatures, the manatee's primary survival threat comes from human activities. This man-made threat, which takes many forms, has resulted in a major change in manatee survival and sustainability.

In the first three months of 2021, an unusual catastrophic manatee mortality event shocked Floridians, including usually stoic government officials and scientists. While manatee deaths every year are not unusual, as a result of a number of factors to be discussed in this article, there was an unprecedented discovery of hundreds of manatees found dead and dying in Florida waters. As scientists scrambled for answers, the federal government stepped in to assist--a sign that these mass manatee mortalities could be linked to a larger environmental issue. Perhaps even more alarming, the National Oceanic and Atmospheric Administration Fisheries officials report that unusual mortality events could indicate deeper issues with implications for human health. (1) This extraordinary and tragic incident of the death of hundreds of manatees--like the canary in the coal mine, could be a harbinger of a larger ecological disaster underway in the Sunshine State.

The legal landscape in place to protect this iconic creature has been inconsistent and has faced much criticism. Regulators have moved West Indian manatees up and down the ranks of the Endangered Species Act's levels of protection in the past decade. At the same time, Florida has experienced several water-quality disasters, including most infamously red tide and toxic algae blooms. Although there has yet to be a specific cause linked to the surge in manatee deaths thus far in 2021, there is no question that manatees, as marine mammals, are impacted significantly from the degraded Florida waters plaguing their habitats.

This article explores the history and current status of legal protections for Florida's manatees. It also lays out the current state of the 2021 unusual mortality event under the Marine Mammal Protection Act. As marine mammals, they are particularly susceptible to changing environmental conditions, this article also briefly touches on the recent large-scale water quality degradation events and reviews the regulations in place to help restore and protect water quality. This article also assesses the arguments, both scientific and governmental, on causes of the recent mass manatee mortalities.

Florida Manatees: Federal and State Protection

The Florida manatee is a subspecies of the West Indian manatee. (2) The species generally spans Florida and southeastern Georgia, and the mammals are found in freshwater, brackish, and saltwater habitats. (3) Florida manatees, as vegetarians, depend on aquatic vegetation, such as seagrass and turtle grass for food. (4) They also require fresh water for drinking. (5) The creatures have few natural predators, and the U.S. Fish and Wildlife Service (FWS) states that their greatest natural threats are "exposure to cold temperatures, hurricanes, and poisoning from red tide." (6) Healthy manatees can live for several decades. (7)

Until recently, the West Indian manatee was listed as endangered under the Endangered Species Act (ESA). In 2017, regulators moved their status from "endangered" to "threatened." (8) The down-listing means that the manatee is no longer considered in danger of extinction throughout all or a significant portion of its range but is likely to become so in the foreseeable future without continued ESA protections. (9) Nonetheless, as a threatened species, manatees will continue to have protections under the Marine Mammal Protection Act (MMPA). (10)

Laws to safeguard manatees date back to the British occupation of East Florida in the 18th century, making them some of the oldest wildlife protection laws in North America. (11) Then, the Florida manatee was among the first animals to gain protection under the precursor to the ESA, the Endangered Species Preservation Act of 1966. (12) The FWS listed the West Indian manatee as endangered as well in 1970. (13) A decade later, critical habitat protection was designated for the Florida manatee under the ESA. (14) This designation delineated specific waterways in Florida that were known to be important concentration areas for manatees at that time. (15) In 2008, some conservation groups petitioned to expand that 30-year-old designation due to changing human populations and manatee habitats. (16) Unfortunately, FWS issued a notice of 12-month petition finding in 2010 that indicated revisions to critical habitat for the Florida manatee are warranted, but that the agency lacked the funds to act on the findings. (17) Therefore, the critical habitat remains the same in 2021.

As stated previously, West Indian manatees remain protected under the MMPA because the species is categorized as "threatened" under the ESA. (18) This classification indicates the stock of the species is "depleted," making manatees eligible for additional protection measures under the MMPA. (19) The MMPA makes it illegal to "harass, hunt, capture or kill any marine mammal." (20) The manatee is also protected by the Florida Manatee Sanctuary Act of 1978, which states: "It is unlawful for any person, at any time, intentionally or negligently, to annoy, molest, harass, or disturb any manatee." (21) Further protections include state-mandated Manatee Protection Plans (MPP) implemented in 13 "key" counties identified by the Florida Fish and Wildlife Conservation Commission (FWC). (22) These FWC-approved plans regulate reviews of permit applications for new or expanding boat facilities. (23) Even more restrictive are FWC-designated manatee sanctuaries and manatee refuges. The sanctuaries are areas where "all waterborne activities are prohibited," while the refuges "are areas where certain waterborne activities are restricted or prohibited." (24)

Catastrophic Mortality Event: Manatee Graveyards

Despite the multitude of protections in place, manatees are dying at an alarming rate in 2021. FWC has documented 696 manatee deaths as of April 23--nearly 460 more than the five-year average for the same period. (25) Also, as of the April manatee mortality report, 463 dead manatees have yet to be necropsied; (26) 34 deaths were due to watercraft injuries, 25 to cold stress, 97 to natural causes, and 17 deaths were undetermined. (27) In 2020, the COVID-19 pandemic put a halt to manatee death necropsies for two months, and as a result, causes of death were never determined for roughly one-third of the nearly 600 known fatalities. (28)

In a frantic response to the mass mortalities, the FWS declared an Unusual Mortality Event (UME) under the MMPA. A UME...