Manatees and the Indian River Lagoon

From December 2020 to April 2022, more than 1,200 manatees starved to death in Florida. Manatee deaths spiked due to the continuous destruction of the coastal, seagrass, and warm-water habitats upon which they depend. Boat strikes, poaching, marine debris, chemical contaminants, invasive species, and toxic algae blooms also contribute to Florida manatee deaths.

Waterfront homes with septic tanks, wastewater treatment plants, golf courses and over-fertilization of lawns in Florida release tons of nutrients into our waterways. Nutrient overload in the form of nitrogen and phosphorus from septic tanks and wastewater treatment plants is directly causing underwater sea grass beds to die off. Sea grass beds are an important food source for the Florida manatee and many other species as well.

Last week, a federal judge issued a moratorium on any new septic tanks along the Indian River Lagoon, which is located between Cape Canaveral and Vero Beach on Florida's east coast. The moratorium came after Bear Warriors United, Inc. sued the Florida Department of Environmental Protection (FDEP) in 2022 after more than 1,200 manatees starved to death in Florida waterways. Bears Warriors United, Inc. is a nonprofit conservation organization located in Oviedo, Florida.

The federal judge found that Bear Warriors United, Inc. has standing to sue inadequate regulators, like the Secretary of the Florida Department of Environmental Protection. The court found that those who authorize pollution to interfere with the aesthetic, recreational, and economic interests of members of Bear Warriors United, Inc., through the taking of animals are in violation of the Endangered Species Act.

Furthermore, the district court found that “FDEP’s current wastewater regulations prolong manatee takings: it found a clear, definitive causal link between the FDEP’s current wastewater regulations, the water pollution that is killing manatees’ primary food source and is creating harmful algae blooms, and the length of time over which manatees will continue to be harmed.”

Also, the court said that “the Secretary failed to establish that she is substantially likely to succeed on her anticommandeering challenge to the district court’s injunction. This precedent authorizes district courts to order regulators to cease the permitting or licensing of activities that take animals in violation of the Act and to require regulators to apply for Incidental Take Permits under the Act.”

Attorneys for FDEP stated in their 26-page motion that “The indefinite moratorium on the construction of new septic systems further threatens to impede commercial and residential development in the state. Florida law specifically authorizes construction using nutrient-reducing onsite sewage treatment and disposal systems or similar nitrogen-reducing wastewater treatment systems. And, the third-party property owners and developers affected by the court’s decree have no ready means to challenge this moratorium, as they are not parties to this action.”

For decades, FDEP has supported regulations that allowed pollution from waste treatment plants and septic tanks to create ongoing risks to manatees and other species. In addition to issuing a moratorium on future septic tank permits, FDEP must come up with a plan to monitor the health of manatees in the state. The judge has ordered that FDEP submit quarterly monitoring reports for the supplemental feeding program, manatee mortality and water and sea grass conditions in the Indian River Lagoon. No response from FDEP or Governor Ron DeSantis has been provided to the media at this time.

The Fernandina Observer published the following articles about manatees in Florida last year:

Introduction to a Biologists Love Affair with Manatees

Manatee Stories Go Back to 1756

Manatee are on the Move Here, Can Be Seen from Shore

Take It from Chessie the Manatee: You Can Help

Zoo and FWC Partnering to Expand Manatee Care