[*] Attorney, South Florida Water Management District, West Palm Beach, Fla. B.A., University of Virginia, 1991; J.D., University of Florida, 1994. The opinions expressed in this Article are the author's own, and are not those of the South Florida Water Management District. The author thanks Cindy McNeely, Florida State University College of Law, for her contributions and inspiration. Return to text.

[1] Concern over the fate of the manatee existed as early as 1885, when an observer wrote that "there is no doubt that the manatee is fast becoming an extinct animal . . . . Ten years ago the meat could be bought at 50 cents a pound. Of course, the animals are becoming far too scarce to admit of its being sold at all." WARREN ZEILLER, INTRODUCING THE MANATEE 123 (1992). Seven thousand manatees were hunted and killed in the 1950s, but no more than 2,600 exist today. See Thomas J. O'Shea, Manatees, SCI. AM., July 1994, at 68; see also Craig Quintana, Biologists Hope Species Nearing Recovery, ORLANDO SENT., Feb. 23, 1996, at C1. Return to text.

[2] See Florida Manatee Sanctuary Act, ch. 78-252, 1978 Fla. Laws 725 (codified as amended at FLA. STAT. 370.12(2) (1995)). Return to text.

[3] 16 U.S.C. 1531-1534 (1994). Return to text.

[4] See id. 1361-1407 (1994). Today, the MMPA addresses the need for conservation and management of marine mammal populations by regulating their sale or import, see id. 1371-1372, by regulating takings, see id. 1373, by requiring permits, see id. 1374, by providing penalties for violations, see id. 1375-1377, and by creating a Marine Mammal Commission to monitor marine mammal populations and to work with states, federal agencies, and foreign nations, see id. 1401-1406. Return to text.

[5] See, e.g., Black Bass Act, ch. 346, 44 Stat. 576 (1926) (repealed 1981); see also Bald Eagle Protection Act, Pub. L. No. 76-567, 54 Stat. 250 (1940) (codified as amended at 16 U.S.C. 668 (1994)). Still in effect, the "Eagle Act" prohibits the taking of bald or golden eagles for any reason without a permit from the Department of the Interior, see 16 U.S.C. 668(a) (1994), and allows the use of seizure and forfeiture laws, among other remedies, to enforce the law or to punish violators, see id. 668b(b). Florida enacted numerous fish and game protection laws in chapter 371, Florida Statutes, after the 1942 constitutional creation of the Game & Fresh Water Fish Commission. See FLA. STAT. ch. 371 (1995); see also FLA. CONST. art. IV, 9. Return to text.

[6] See Act effective June 6, 1893, ch. 4208, 1893 Fla. Laws 145 (creating a fine of up to $500 or three months in prison for killing or capturing a manatee). This law was modified in 1953 to include imprisonment for up to one year for killing or capturing a manatee. See ch. 28145, 12, 1953 Fla. Laws 469, 492. Return to text.

[7] See Act effective May 30, 1939, ch. 19192, 1, 1939 Fla. Laws 392, 392. Return to text.

[8] See ch. 28145, 12, 1953 Fla. Laws 469, 492. Return to text.

[9] See Robert A. Garrot et al., Trends in Counts of Florida Manatees at Winter Aggregation Sites, 58 J. WILDLIFE MGMT. 642, 642 (1994) (finding that manatee mortality has increased six percent annually since the state carcass recovery program began in the mid-1970s). Return to text.

[10] See Florida Manatee Sanctuary Act, ch. 78-252, 1978 Fla. Laws 725 (codified as amended at FLA. STAT. 370.12(2) (1995)). Return to text.

[11] See FLA. STAT. 370.12(2)(f) (1995) (authorizing the passage of administrative rules "to protect the manatees or sea cows from harmful collisions with motorboats"). Return to text.

[12] See id. 370.12(2)(c). Return to text.

[13] See id. 370.12(f)-(j). Return to text.

[14] See id. 370.021(2)(a). Return to text.

[15] See id. 370.021(2)(a), (c)(5)(i) (providing for fines of $100 to $500, with an additional $100 penalty for killing or taking a manatee). Return to text.

[16] See Bruce B. Ackerman et al., Trends and Patterns in Mortality of Manatees in Florida, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 223, 228-29 (Thomas J. O'Shea et al. eds., 1995). Manatee deaths from watercraft collisions, which numbered in single digits in 1974 (three) and 1975 (six), steadily rose thereafter, and exponential regression analysis revealed a 9.3% increase each year from 1976 to 1992. See id. at 231. The rise in deaths bore a linear relationship to boat registration increases in Florida, with very high statistical significance. See id. at 231. Return to text.

[17] Boating speed zones are often ignored and marine patrol resources are far too limited to overcome widespread disregard of the laws. See Telephone Interview with Major Bruce Buckson, Florida Marine Patrol (Apr. 17, 1996) (notes on file with author); Telephone Interview with Scott Calleson, Environmental Specialist, Dep't of Envtl. Prot. (Apr. 17, 1996) (notes on file with author); Telephone Interview with Kipp Frohlich, Biological Administrator, Protected Species Division, Dep't of Envtl. Prot. (Apr. 17, 1996) (notes on file with author); Interview with Frank Lund, Senior Environmental Scientist, Manatee Protection Program, South Florida Water Management District, West Palm Beach, Fla. (Apr. 9, 1996) (notes on file with author). Recent DEP studies found boater compliance with manatee protection speed zone laws to be as low as 50%. See DEP 'T OF ENVTL. PROT., SAVE THE MANATEE TRUST FUND, FISCAL YEAR 1994-1995 ANNUAL REPORT 36 (1995). The Florida Manatee Recovery Plan also acknowledged these problems, citing a need for standardized fines, assessment of enforcement successes and shortcomings, and improved law enforcement officer training. See FLA. MANATEE RECOVERY TEAM, FLORIDA MANATEE RECOVERY PLAN, REVISED RECOVERY PLAN 39-40 (1989). Return to text.

[18] See infra Part VI. Return to text.

[19] Ch. 553, 31 Stat. 187 (1900) (codified as amended at 16 U.S.C. 701, 18 U.S.C. 42 (1994)) (prohibiting the interstate transport of animals killed in violation of state game laws and authorizing the Department of Agriculture to take measures to ensure the preservation and restoration of game and wild birds). Congress passed the Lacey Act to curtail the rampant bird hunting that devastated the Everglades bird population. See STUART MCIVER, TRUE TALES OF THE EVERGLADES 5 (1989). Plume hunters sought to cash in on the $32-per-ounce plume market rate (more than an ounce of gold) offered by manufacturers of women's hats. See id. Return to text.

[20] See Black Bass Act, ch. 346, 44 Stat. 576 (1926) (repealed 1981); see also Bald Eagle Protection Act, Pub. L. No. 76-567, 54 Stat. 250 (1940) (codified as amended at 16 U.S.C. 668 (1994)). Return to text.

[21] Pub. L. No. 89-669, 80 Stat. 926 (1966). Return to text.

[22] See id. 2(a)- (b), 80 Stat. at 926-27. Return to text.

[23] Pub. L. No. 92-522, 86 Stat. 1027 (codified as amended at 16 U.S.C. 1361-1407 (1994)). Return to text.

[24] See id. 102(a)(2)(a), 86 Stat. at 1032. Taking is defined as harassing, hunting, capturing or killing, or attempting to harass, hunt, capture or kill, any marine mammal. See id. 3(13). Return to text.

[25] 16 U.S.C. 1531-1534 (1994). One scholar declared that the ESA is a "declaration of war against the growing problem of species extinction." Andrew Wetzler, Ethical Underpinnings of the ESA, 13 VA. ENVTL. L.J. 145, 145 (1993). Return to text.

[26] These four principles can be traced to National Wildlife Federation Conservation Hall of Famer Aldo Leopold, whose 1949 book A Sand County Almanac is widely regarded as marking the beginning of environmental ethics. In Part III of his book, subtitled The Upshot, Leopold wrote about "the wilderness for science," "the wilderness for wildlife," "the wilderness for recreation," and the "land ethic." ALDO LEOPOLD, A SAND COUNTY ALMANAC 188-210 (1949). See also Richard L. Knight, Aldo Leopold, the Land Ethic and Ecosystem Management, 60 J. WILDLIFE MGMT. 471, 471-74 (1996). Return to text.

[27] See, e.g., H.R. REP. NO. 93-412, at 5 (1973) ("Who knows, or can say, what potential cures for cancer or other scourges, present or future, may lie locked up in the structures of plants which may yet be undiscovered, much less analyzed?"). Return to text.

[28] See MCIVER, supra note 19, at 51-52. Companies in Key West at one time supplied 90% of all sponges used in the United States, employing as many as 1,400 men. See id. Return to text.

[29] See NAT 'L RESEARCH COUNCIL, SCIENCE AND THE ENDANGERED SPECIES ACT 190 (1995). Return to text.

[30] See Jeff Phillips, Humpback Comeback, SUNSET, Nov. 1995, at 26-28. Return to text.

[31] See DIVISION OF TOURISM, FLORIDA DEP 'T OF COM., FLORIDA VACATION GUIDE 18 (1996). Return to text.

[32] See Caroline Arlen, Ecotour, Hold the Eco, U.S. NEWS & WORLD REP., May 29, 1995, at 61-63; Herb Hiller, Ecotourism: Can We Use Tourism to Help Conserve the Best of What's Left?, FLA. NATURALIST, Fall 1996, at 7-8. Return to text.

[33] See R. Margalef, On Certain Unifying Principles in Ecology, 97 AM. NATURALIST 357, 357 (1963). Return to text.

[34] See Todd Wilkinson, Homecoming, 70 NAT 'L PARKS, May 1996, at 5-6, 40-45. Return to text.

[35] See Wolf Reintroduction to Yellowstone (visited Oct. 24, 1996) < http://www.intermarket.com/Yellowstone/wreintro.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); A Yellowstone Chronology (visited Oct. 24, 1996) <http://www.defenders.org/ynpchro.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); see also LEOPOLD, supra note 26, at 129-33. Return to text.

[36] See NAT 'L RESEARCH COUNCIL, supra note 29, at 134-35. Return to text.

[37] See LEOPOLD, supra note 26, at 205 (describing the "ecological conscience" and encouraging humans to recognize themselves as only one part of the "biotic team"); see also Wetzler, supra note 25, at 170-74. Return to text.

[38] See LEOPOLD, supra note 26, at 204; see also generally DAVID EHRENFELD, THE ARROGANCE OF HUMANISM (1978); Richard L. Wallace, Why Endangered Species Protection vs. Economic Development Doesn't Have to Be a Win-Lose Scenario (visited Oct. 24, 1996) <http://www.spectacle.org/196/rich1.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[39] See Genesis 6-9. Return to text.

[40] See CHRISTOPHER D. STONE, SHOULD TREES HAVE STANDING? 3-10 (1988); see also Rodger Schlickeisen, Protecting Biodiversity for Future Generations: An Argument for a Constitutional Amendment (visited Oct. 24, 1996) < http://www.defenders.org/bio-co00.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[41] Generally, manatees live throughout the tropical waters of Florida, including inland rivers, lakes, canals, brackish estuaries, and saline coastal areas. See Sea World Educ. Dep't, Habitat and Distribution (visited Oct. 24, 1996) < http://www.bev.net/education/SeaWorld/manatee/habdistman.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Telemetry studies have used radio and satellite links to monitor manatees travelling along the Atlantic Coastline. See Bureau of Protected Species Mgmt., Telemetry and Related Information (visited Oct. 24, 1996) < http://www.dep.state.fl.us/psm/ webpages/telemtry.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); Save the Manatee Club, Manatee Sighted in Virginia Most Likely Chessie, (visited Oct. 24, 1996) < http://objectlinks.com/manatee/news.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[42] See Sea World Educ. Dep't, Diet and Eating Habits (visited Oct. 24, 1996) <http://www.bev.net/education/SeaWorld/manatee/dietman.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); Bureau of Protected Species Mgmt., Manatee Anatomy Facts and Trivia (visited Oct. 24, 1996<http://www.dep.state.fl.us/psm/webpages/anatomy.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Manatees consume as much as nine or ten percent of their body weight in aquatic vegetation each day. See Sea World Educ. Dep't, supra. Return to text.

[43] See Sea World Educ. Dep't, supra note 41; Bureau of Protected Species Mgmt., Where Are the Manatees? (visited Oct. 24, 1996) <http://www.dep.state.fl.us/psm/webpages/florida.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Manatees prefer water temperatures greater than 68 degrees Fahrenheit. See Sea World Educ. Dep't, supra note 41. In the winter months, water temperatures drop, and the manatees travel in search of warmer waters, often ending up in Florida's springs or near artificial warm water discharges. See id. Return to text.

[44] See Sea World Educ. Dep't, Physical Characteristics (visited Oct. 24, 1996) <http://www.bev.net/education/SeaWorld/manatee/phycarman.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); Sea World Educ. Dep't, Longevity and Causes of Death (visited Oct. 24, 1996) <http://www.bev.net/education/SeaWorld/manatee/deathman.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[45] See DEP'T OF ENVTL. PROT., supra note 17, at 9 (noting that the first systematic assessments of manatee populations began in the 1970s). Return to text.

[46] See ZEILLER, supra note 1, at 114-16; see also O'Shea, supra note 1, at 68. Return to text.

[47] See O'Shea, supra note 1, at 68. Return to text.

[48] See id. at 70. The practice of identifying manatees by propeller scars is still in use today. See Scott Wright & Bruce Ackerman, Analysis of Watercraft Related Mortality of Manatees in Florida, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 259, 259-68 (Thomas J. O'Shea et al. eds., 1995) (studying the scar patterns and wounds of 628 dead manatees recovered from 1979 through 1991). Return to text.

[49] See John E. Reynolds, Florida Manatee Population Biology: Research Progress, Infrastructure, and Applications for Conservation and Management, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 6, 6-7 (Thomas J. O'Shea et al. eds., 1995). Return to text.

[50] See id. at 7. Return to text.

[51] See id.; see also Bruce B. Ackerman, Aerial Surveys of Manatees: A Summary and Progress Report, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 13, 13-33 (Thomas J. O'Shea et al. eds., 1995). Return to text.

[52] See Craig Quintana, Biologists Hope Species Nearing Recovery, ORLANDO SENT., Feb. 23, 1996, at C1; MARINE MAMMAL COMM 'N, 1994 ANNUAL REPORT TO CONGRESS 9 (1995). Return to text.

[53] See Garrot, supra note 9, at 653. As surveyors become more experienced, counts may increase, thus reducing the comparative value of the data. See id. Some error in the manatee count is to be expected, and aerial counts are especially affected by visibility problems and difficulties in coordinating a statewide aerial survey. See Ackerman, supra note 51, at 17-19. The February count could be a result of near-perfect viewing conditions. Craig Quintana, Manatees Lumber Toward Safer Status, ORLANDO SENT., Feb. 23, 1996, at C1. Return to text.

[54] See Lisa Holewa, Scientists Blame Strain of Red Tide for Death of Manatees, FT. LAUD. SUN SENT., July 3, 1996, at 20A. Subsequent studies by DEP concluded that red tide, a microscopic organism, was responsible for the die-off. See id. Return to text.

[55] See Miriam Marmontel, Age and Reproduction in Female Florida Manatees, in POPULATION BIOLOGY OF THE FLORIDA MANATEE, 98, 115 (Thomas J. O'Shea et al. eds., 1995). Despite captive breeding, scientists have been unable to determine exact gestation periods for manatees. See Daniel K. Odell et al., Reproduction of the West Indian Manatee in Captivity, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 192, 192-93 (Thomas J. O'Shea et al. eds., 1995). Return to text.

[56] See Thomas J. O'Shea, Population Biology of the Florida Manatee, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 280, 281-82 (Thomas J. O'Shea et al. eds., 1995). Return to text.

[57] See Dean Solov, Manatees Holding Own, Report Says, TAMPA TRIB., Mar. 10, 1994, at 1. A 16-year University of Florida study released in March 1994 found manatees to be maintaining a zero population growth. See id. Return to text.

[58] See Ackerman, supra note 16, at 254. Low population growth rates require a stable environment to facilitate reproduction. See id. Given the manatee's slow breeding rates, a serious die-off could mean the extinction of the manatee. See id. Return to text.

[59] See O'Shea, supra note 1, at 71. Although crocodiles and sharks have been identified as predators of West African and Amazonian manatees, there is no documented predation of West Indian manatees. See id. Return to text.

[60] See Ackerman, supra note 16, at 228. Return to text.

[61] Thomas A. Lewis, Slow Creature Caught in a Fast World, NAT 'L WILDLIFE, Dec.-Jan. 1992, at 42, 44; see also Ackerman, supra note 16, at 230. Return to text.

[62] Ackerman, supra note 16, at 225, 238. Return to text.

[63] See D EP'T OF ENVTL. PROT., supra note 17, at 20-21; see also Reynolds, supra note 49, at 9-10. Return to text.

[64] See DEP 'T OF ENVTL. PROT., supra note 17, at 4-8; see also Ackerman, supra note 16, at 228. The total percentage is less than 100% due to rounding error. Return to text.

[65] See Act effective May 30, 1939, ch. 19192, 1, 1939 Fla. Laws 392, 392. Return to text.

[66] See ch. 28145, 12, 1953 Fla. Laws 469, 492. Return to text.

[67] See Act effective June 19, 1959, ch. 59-483, 1, 1959 Fla. Laws 1623, 1623. Return to text.

[68] See Act effective Jan. 1, 1972, ch. 71-136, 289, 1971 Fla. Laws 552, 671. Killing, annoying, injuring, molesting, or torturing a manatee became a second-degree misdemeanor punishable by a fine of $500 or no more than 60 days in jail. See id. Return to text.

[69] See supra notes 65-68 and accompanying text. Return to text.

[70] See Florida Manatee Sanctuary Act, ch. 78-252, 1978 Fla. Laws 725 (codified as amended at FLA. STAT. 370.12(2) (1995)). Return to text.

[71] See FLA. STAT. 370.12(2)(c) (1995) (providing that a special permit may be granted to possess a manatee if DEP is satisfied that the interest of science will be served). Return to text.

[72] See id. 370.12(2)(d) (defining "harm" as "to annoy, molest, harass, or disturb or attempt to molest, harass, or disturb any manatee; . . . capture or collect or attempt to capture or collect any manatee; pursue, hunt, wound, or kill or attempt to pursue, hunt, wound, or kill any manatee; or possess, literally or constructively, any manatee or any part of any manatee"). Return to text.

[73] See id. 370.12(2)(b). Return to text.

[74] See id. 370.12(2)(e) (stating that "any gun, net, trap, spear, harpoon, boat of any kind, aircraft, automobile of any kind, other motorized vehicle, chemical, explosive, electrical equipment, scuba or other subaquatic gear, or other instrument, device, or apparatus . . . used in violation of any provision of subparagraph (d) may be forfeited upon conviction"). Return to text.

[75] See id. 370.12(2)(g). Return to text.

[76] See id. 370.12(2)(f). The provision authorized DEP to adopt rules regarding the expansion or construction of marine facilities and mooring or dock slips, and the regulation of motorboat traffic. See id. Regulation of the operation and speed of boats was authorized "only where manatee sightings are frequent and it can be generally assumed, based on available scientific information, that they inhabit these areas on a regular or continuous basis." See id. "These areas" encompassed thirteen counties listed in sections 370.12(2)(f)(1)-(13). See infra note 95. Return to text.

[77] See Act effective July 1, 1981, ch. 81-228, 6, 1981 Fla. Laws 938, 941 (amending FLA. STAT. 370.12(2)(j)). Return to text.

[78] See Act effective June 8, 1983, ch. 83-81, 1, 1983 Fla. Laws 270, 271 (amending FLA. STAT. 370.12(2)(f)). Return to text.

[79] See id. Return to text.

[80] See Act effective July 1, 1984, ch. 84-338, 68, 1984 Fla. Laws 1917, 1954 (establishing a $250,000 program for manatee protection and recovery efforts, including research and enforcement, to be supported by the Motorboat Revolving Trust Fund). Return to text.

[81] See ch. 89-168, 7, 1989 Fla. Laws 592, 597 (establishing the Save the Manatee Trust Fund to support public and private programs furthering manatee protection and recovery). Return to text.

[82] See Buckson, supra note 17. Return to text.

[83] See Act effective Oct. 1, 1993, ch. 93-254, 1, 1993 Fla. Laws 2491, 2492-93 (codified at FLA. STAT. 370.12(2)(k), (r), (s) (1995)). Return to text.

[84] See FLA. STAT. 370.12 (1953). Return to text.

[85] See id. 370.12(2)(d) (Supp. 1978). Return to text.

[86] See id. 775.083(1)(d). Return to text.

[87] See id. 775.082(4)(a). Return to text.

[88] See id. 327.74 (1995) (establishing a $50 civil penalty). Return to text.

[89] See id. 775.082(4)(b). Return to text.

[90] See id. 775.083(1)(e). Return to text.

[91] See id. 370.021(2)(a). Return to text.

[92] See id. 370.021(2)(a), (c)(5)(i) (providing for fines of $100 to $500, with an additional $100 penalty for killing or taking a manatee). Return to text.

[93] See id. 370.12. Two key educational programs are the sign-posting program, which includes placing "Caution-Manatee Area" signs in boat traffic areas, and the public education program, which includes distribution of flyers, posters, and decals and participation in public forums by DEP personnel. See DEP'T OF ENVTL. PROT., supra note 17, at 30-31, 34-35. Return to text.

[94] See FLA. ADMIN. CODE ANN. r. 62N-22.001(3) (1995) ("[R]egulations governing the speed and operation of motorboats in manatee use areas constitute the most direct mechanism for protecting manatees from harmful impacts and death . . . ."). Return to text.

[95] See FLA. STAT. 370.12(2)(g)-(n) (1995) (empowering DEP to create manatee speed zones); see also id. 370.12(2)(o) (empowering DEP to designate manatee safe havens). Twelve of thirteen counties identified as essential to manatee protection have boating speed limits: Brevard, Broward, Citrus, Collier, Dade, Duval, Indian River, Lee, Martin, Palm Beach, Sarasota, St. Lucie, and Volusia. See id. 370.12 (f)(1)-(13). Rulemaking remains incomplete in Lee County because of a successful 1995 rulemaking challenge. See DEP 'T OF ENVTL. PROT., SAVE THE MANATEE TRUST FUND, FISCAL YEAR 1993-1994 ANNUAL REPORT 23 (1994); MARINE MAMMAL COMM 'N, 1995 ANNUAL REPORT TO CONGRESS 15 (1996). Return to text.

[96] See FLA. ADMIN. CODE ANN. r. 62N-22.002(7), (11)- (13) (1995). Return to text.

[97] See id. Return to text.

[98] See id. r. 62N-22.002(6) (defining "motorboat prohibited zones" or "no entry zones"). Return to text.

[99] See FLA. STAT. 370.12(2)(j) (1995). The MSA states that "[t]he Department shall adopt rules regulating the operation and speed of motorboat traffic only where manatee sightings are frequent and it can be generally assumed that they inhabit these areas on a regular or continuous basis . . . ." Id. 370.12 (2)(g). Return to text.

[100] See DEP 'T OF ENVTL. PROT., supra note 17, at 20. Return to text.

[101] See id. (noting that "[a] viable population of manatees cannot exist without the natural resources it needs to flourish"); see also FLA. MANATEE RECOVERY TEAM, supra note 17, at 43-56; Save the Manatee Club, West Indian Manatee Facts (visited Oct. 24, 1996) <http://www.objectlinks.com/manatee/manfcts.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[102] See DEP 'T OF ENVTL. PROT., supra note 17, at 20. In ranking the items in the Florida Manatee Recovery Plan for implementation, the Florida Manatee Recovery team gave "characterize and map important habitats," "designate additional areas as critical habitat," and "manage habitats for enhancing use by manatees" the lowest ratings. See FLA. MANATEE RECOVERY TEAM, supra note 17, at 43-56. Return to text.

[103] See Act effective May 30, 1939, ch. 19192, 1, 1939 Fla. Laws 392, 392. Return to text.

[104] See DEP 'T OF ENVTL. PROT., supra note 17, at 24-25. Return to text.

[105] 18 F.A.L.R. 1289 (Fla. Dep't of Envtl. Prot. 1995). Return to text.

[106] Id. at 1296, 1305. Return to text.

[107] Id. at 1297. Return to text.

[108] Id. at 1307. Return to text.

[109] Id. at 1303. DEP is currently redeveloping its rules. See Calleson, supra note 17. Return to text.

[110] See General Tel. Co. of Fla. v. Florida Pub. Serv. Comm'n, 446 So. 2d 759, 763 (Fla. 1984). Return to text.

[111] See Agrico Chem. Co. v. Florida Dep't of Envtl. Reg., 365 So. 2d 759, 762-63 (Fla. 1st DCA 1978) (stating rules are valid so long as reasonably related to the purpose of the legislation and not arbitrary or capricious); Palm Bay v. Florida Dep't of Transp., 588 So. 2d 624, 628 (Fla. 1st DCA 1991). Return to text.

[112] See Florida Cable Television Ass'n v. Deason, 635 So. 2d 14, 15 (Fla. 1994). Return to text.

[113] See Act effective Oct. 1, 1996, ch. 96-159, 1996 Fla. Laws 147 (codified at FLA. STAT. ch. 120 (Supp. 1996)). Return to text.

[114] See FLA. STAT. 120.56(2)(a)(c) (Supp. 1996). According to the legislative history, the APA once "accorded wide discretion" to agencies, but the revisions require the agency to "prove that the proposed rule is not an invalid exercise of delegated legislative authority as to the objections raised . . . ." See Fla. S. Comm. on Gov't Reform & Oversight, CS for SBs 2290 & 2288, Staff Analysis 2, 20 (Mar. 21, 1996) (on file with comm.). A commission appointed by Governor Lawton Chiles had earlier issued a report that stated that "a more level playing field for the regulated public is needed in some proceedings." GOV.'S ADMIN. PROC. ACT REV. COMM 'N, FINAL REPORT 2 (1996). While the revised APA may have leveled the playing field, this leveling may not be the appropriate goal given the need for strengthening and enforcing manatee protection laws. See infra Part VI.A. Return to text.

[115] See Calleson, supra note 17; see also DEP 'T OF ENVTL. PROT., supra note 17, at 23-27. Rules are in place for 11 of the 13 counties. See supra note 95. Collier County rules were still undergoing public comment in October 1996, and public workshops on the Lee County rules began in the winter of 1996-1997. See Telephone Interview with Dawn Griffin, Planner, Rules Section, Dep't of Envtl. Prot. (Oct. 6, 1996) (notes on file with author). Return to text.

[116] See Griffin, supra note 115. Return to text.

[117] See id. Return to text.

[118] See supra notes 61-64 and accompanying text. Return to text.

[119] See DEP'T OF ENVTL. PROT., supra note 17, at 38. Another five percent of deaths are caused by a combination of the impact of the boat on the manatee and direct contact with the propeller. See Wright & Ackerman, supra note 48. Return to text.

[120] JEFFREY R. COHN, NAT. RESOURCES DIV., DEP 'T OF THE NAVY, FROM THE LAND . . . TO THE SEA . . . THE NAVY PROTECTS ENDANGERED SPECIES 9 (1995). Return to text.

[121] See id. Return to text.

[122] See Kent Smith, Propeller Guard Update, MANATEE TECHNICAL ADVISORY COUNCIL UPDATE, Apr.-June 1995, at 1-2. Return to text.

[123] See id. at 2. Return to text.

[124] See id. Return to text.

[125] See id. The Florida Marine Research Institute has reported high satisfaction with the propeller guards on its manatee research vessels. See id. Return to text.

[126] See id.; Telephone Interview with Kent Smith, Biological Scientist IV, Dep't of Envtl. Prot. (Oct. 6, 1996) (notes on file with author). Return to text.

[127] See Telephone Interview with Capt. Jim Brown, Law Enforcement Div., Dep't of Envtl. Prot. (Oct. 6, 1996) (notes on file with author). Return to text.

[128] See Smith, supra note 122, at 3. The administrative rules implementing the MSA currently allow issuance of a permit exempting boats from the speed zones for scientific purposes or economic hardship. See FLA. ADMIN. CODE ANN. r. 62N-22.003 (1995). Return to text.

[129] See Smith, supra note 122, at 3. However, Smith cautioned that installation of propeller guards should not be mistaken for an ultimate solution to the manatees' problems and noted that other protection measures, such as speed zones, must be retained. See id. Return to text.

[130] See id. Return to text.

[131] See Jim Flannery, Emilio's Mom Revives Prop Guard Debate, SOUNDINGS: THE NATION 'S BOATING NEWSPAPER, July 1996, at 16A. Return to text.

[132] See Memorandum from Dick Snyder, Mercury Marine, to Jim Getz, Chairman, Subcomm. on Prop Guarding, Nat'l Boating Safety Advisory Council 3 (Oct. 6, 1988) (on file with author). Return to text.

[133] See id. at 4-5. A 1989 Boating Safety Advisory Council study concluded that some existing guards affect performance and steering at higher speeds. See Flannery, supra note 131. Return to text.

[134] See U.S. ARMY CORPS OF ENGINEERS, MANATEE PROTECTION PLAN (PART 1) 5 (1995). Acting as the Interagency Manatee Task Force, the U.S. Army Corps of Engineers, the South Florida Water Management District, the Dade County Department of Environmental Resources Management, DEP, and the U.S. Fish & Wildlife Service have been working on reducing structure-related mortalities since 1991. See id. Return to text.

[135] See U.S. ARMY CORPS OF ENGINEERS, SECTION 1135 PROJECT MODIFICATION MANATEE PROTECTION PLAN AT SELECTED NAVIGATION AND WATER CONTROL STRUCTURES IN CENTRAL AND SOUTHERN FLORIDA 17 (1995). Return to text.

[136] See DEP'T OF ENVTL. PROT., supra note 17, at 7; see also Ackerman, supra note 16, at 230. The Central and South Florida Flood Control (C&SF) system was responsible for 99 manatee deaths between 1975 and 1995. See Lund, supra note 17. Return to text.

[137] The MSA makes it illegal to intentionally or negligently "annoy, molest, harass . . . injure or harm . . . pursue, hunt, wound, or kill any manatee . . . ." FLA. STAT. 370.12(2)(d) (1995). In addition, any "instrument, device or apparatus" used to violate this section "may be forfeited upon conviction." Id. 370.12(2)(e). Return to text.

[138] "No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place . . . ." 33 U.S.C. 702c (1994). This clause has been interpreted to preserve governmental immunity for activities integrally related to flood control. See Pierce v. United States, 650 F.2d 202, 205 (9th Cir. 1981). Furthermore, the federal government is ever immune from liability for human deaths caused by flood control structures, despite the Federal Tort Claims Act. See Dawson v. United States, 894 F.2d 70, 74 (3rd Cir. 1990). Return to text.

[139] See Lund, supra note 17. Return to text.

[140] See 16 U.S.C. 1540 (1994). Under the ESA, third parties can bring "citizen suits" to enjoin a governmental entity from violating the act. See id. 1540(g). Civil penalties may include fines of up to $25,000 per manatee death. See id. 1540(a)(1). Criminal penalties of up to one year in prison and $50,000 in fines also are available. See id. 1540(b)(1). Such penalties could be avoided if the Water Management District were to apply for a permit pursuant to 50 C.F.R 17.22(b) (1995). By developing a conservation plan showing that actions are being taken to minimize manatee deaths and that alternatives are being pursued, the Water Management District could obtain an incidental takings permit and avoid ESA liability for manatee deaths. See 16 U.S.C. 1539(a)(1)(B) (1994). No such permit has been obtained. See Lund, supra note 17. Return to text.

[141] See Smith, supra note 126. Return to text.

[142] See U.S. ARMY CORPS OF ENGINEERS, supra note 134, at 11. Return to text.

[143] See DEP'T OF ENVTL. PROT., supra note 17, at 37. Return to text.

[144] See Lund, supra note 17; see also U.S. ARMY CORPS OF ENGINEERS, supra note 134, at 45-46. Return to text.

[145] DEP 'T OF ENVTL. PROT., MANATEE MORTALITY AT SOUTH FLORIDA STRUCTURES: 1975-1995, at 4 (1995) (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[146] See Lund, supra note 17; see also D EP 'T OF ENVTL. PROT., supra note 17, at 37-38. Return to text.

[147] See Heather Graulich, Manatee Sensor Uses Soft Touch to Save Gentle Giants, PALM BCH. POST, Feb. 29, 1996, at 1B. Return to text.

[148] See id. Return to text.

[149] See Lund, supra note 17; see also Graulich, supra note 147. Return to text.

[150] See Lund, supra note 17. Return to text.

[151] See DEP 'T OF ENVTL. PROT., supra note 17, at 34-35. Return to text.

[152] See DEP Bureau of Protected Species Mgmt., License Plates (visited Oct. 24, 1996) (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[153] See KEVIN E. MAYO, METRO. DADE COUNTY DEP'T OF ENVTL. RESOURCE MGMT., DADE COUNTY MANATEE PROTECTION PLAN, DERM TECHNICAL REPORT 95-5, at 101 (1996). Boaters would be required to complete a boater education class that includes information on manatee protection. See id. A brochure on Dade County manatee protection zones would be distributed and discussed in class. See id. Return to text.

[154] See DEP'T OF ENVTL. PROT., supra note 17, at 34-35. Return to text.

[155] See id. Return to text.

[156] See id. Return to text.

[157] See id. at 35. Return to text.

[158] See Phil Long, Mystery Illness Kills More Manatees, MIAMI HERALD, Mar. 28, 1996, at B1. Although the deaths were attributed to "natural causes," they were indirectly caused by humans. See id. Scientists determined that all the manatees that died in February and March of 1996 suffered from pneumonia probably generated by red tide outbreaks, a result of human pollution. See id.; see also Neil Santaniello, As Manatees Die, Experts Still Puzzled, FT. LAUD. SUN SENT., Apr. 19, 1996, at 1A. Return to text.

[159] See Marla Cone, Die-Off of Endangered Manatees Puzzles Scientists, THE RECORD, Apr. 21, 1996, at 24A. Return to text.

[160] See Ackerman, supra note 16, at 252-53. Return to text.

[161] See id. Return to text.

[162] See id. In 1993 and 1985, severe weather forced salt water into the Crystal River, killing area vegetation and destroying manatee habitats. See id. Return to text.

[163] See id. at 252-53. Return to text.

[164] See id. at 254. Return to text.

[165] See Elizabeth Culotta, Minimum Population Grows Larger, 270 SCIENCE, 31, 31-32 (1995). Return to text.

[166] See Larry Copeland, Florida's Popular Manatees Dying Off Rapidly, DALLAS MORNING NEWS, Mar. 24, 1996, at 10A. Return to text.

[167] See Garrott, supra note 9, at 642 (noting that "any significant increase in mortality may lead to a decline in population"); see also Marmontel, supra note 55, at 116 (stating that "slowly reproducing species are not good colonizers and could not recover quickly after a population crash or massive destruction"). Return to text.

[168] The ESA, for example, also is plagued with implementation problems. The listing process, or the process through which endangered species are identified and subsequently chosen to be protected under the ESA, is perhaps the ESA's most significant implementation problem. The listing process is slow and expensive, requiring extensive research and public hearings, and consequently some species are not appropriately designated as threatened or endangered. See Douglas H. Chadwick, Dead or Alive, NAT'L GEOGRAPHIC, Mar. 1995, at 9. Currently more than 3,700 officially recognized candidates await species protection. See id. When the Nature Conservancy proposed an increase in funding to expedite and more efficiently conduct the listing process, Department of the Interior officials objected, stating that the "lower priority activity" ran counter to the goal of reducing the federal deficit, and that additional listings would require more funding of law enforcement and other activities. See Oliver Houck, The Endangered Species Act and Its Implementation by the U.S. Departments of the Interior and Commerce, 64 U. COLO. L. REV. 277, 293-94 (1993). The 104th Congress attempted to resolve the listing problem by placing a moratorium on the listing of any new species. See S. 503, 104th Cong. 2 (1995)). The bill, which died in committee, would have "solved" the implementation problem by allowing the implementing agencies to ignore it. Many other ESA implementation problems still await congressional solutions. See Houck, supra at 298. Return to text.

[169] See Government and Commerce, Issue: Endangered Species Act, 51 CONG. Q. WKLY. REP., Jan. 6, 1996, at 36-37. Return to text.

[170] See, e.g., Thomas Eisner et al., Building a Scientifically Sound Policy for Protecting Endangered Species, 269 SCIENCE 1231, 1231-32 (1995). Return to text.

[171] See Act effective July 1, 1995, ch. 95-275, 1995 Fla. Laws 2555 (creating three ecosystem management demonstration projects, including a Florida panther habitat project administered by the Game & Fresh Water Fish Commission). Return to text.

[172] See 16 U.S.C. 1433 (1994). While this measure is popular among many, it is not without controversy. Some Monroe County residents bitterly opposed no-entry zones because they placed entire reefs and ocean areas off-limits to many human activities, such as commercial and recreational fishing. See Del Milligan, Could Be Perfect Weekend for Kings off Tampa Bay Area; Bill Could Kill Fishing in the Keys, THE LEDGER, Apr. 12, 1996, at C2 (encouraging fishermen to protest the sanctuary); see also The Florida Keys National Marine Sanctuary Act, An Alternative Conclusion: Oversight Hearing on the National Marine Sanctuaries Act Before the Subcomm. on Fisheries, Wildlife, and Oceans of the House Comm. on Resources, 104th Cong. (1996), available in LEXIS, Legis Library, Cngtst File (criticizing wildlife sanctuary before congressional committee based upon economic impact, lack of due process, and disregard for Everglades ecosystem water quality). However, the sanctuary also is recognized as being necessary to give the Keys ecosystem an opportunity to repair itself and to preserve recreational uses. See id.; see also Robert McClure, Fishing Could Be Off-Limits in 6% of Florida Keys, ORLANDO SENT., Dec. 19, 1995, at D7; National Marine Sanctuary Program (visited Oct. 24, 1996) <http://www.nos.noaa.gov/ocrm/nmsp/welcome.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.); Florida Keys National Marine Sanctuary (visited Oct. 24, 1996) <http://florida-keys.fl.us/ntmarine.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[173] See Thomas J. O'Shea & Catherine A. Langtimm, Estimation of Survival of Adult Florida Manatees in the Crystal River, at Blue Spring, and on the Atlantic Coast, in POPULATION BIOLOGY OF THE FLORIDA MANATEE 194, 207-09 (Thomas J. O'Shea et al. eds., 1995). Return to text.

[174] See id. The need for the development of no-entry zones also parallels the movement behind the ongoing land-based ecosystem restoration efforts in Florida. The combined watershed of the Kissimmee River, Lake Okeechobee, the Everglades, and Florida Bay is an excellent example of Florida's effort to interconnect water- and land-based habitats to preserve wildlife. See Jan P. Loftin, Which Way to the Nearest Greenway?, FLA. WATER, Summer 1995, at 2, 4-5. Although recent discussions of ecosystem management and development of an "Ecosystem Management Implementation Strategy Report" suggest that DEP is beginning to address the need for no-entry zones, the Legislature should consider mandating such no-entry designations in appropriate areas. See David Arnold, Ecosystem Management and Manatees, MANATEE TECHNICAL ADVISORY COUNCIL UPDATE, July-Sept. 1995, at 1-2. Return to text.

[175] See Bonita Bay Prop. v. Department of Envtl. Prot., 18 F.A.L.R. 1289, 1307 (Fla. Dep't of Envtl. Prot. 1995). Return to text.

[176] See DEP 'T OF ENVTL. PROT., supra note 17, at 23-24. Return to text.

[177] See FLA. STAT. 370.12(2)(f)(1) (1995). Return to text.

[178] See 18 F.A.L.R. at 1296-97. Return to text.

[179] 672 So. 2d 878 (Fla. 4th DCA 1996). Return to text.

[180] See id. at 881-82. Return to text.

[181] Id. at 883. Return to text.

[182] FLA. STAT. 370.12(2)(j) (1995). Return to text.

[183] See id. 120.56(2)(c) (Supp. 1996). Return to text.

[184] Id. 370.12(f)-(g) (Supp. 1978). Return to text.

[185] See DEP 'T OF ENVTL. PROT., supra note 17, at 23-24. Return to text.

[186] See discussion supra Part V.B. Return to text.

[187] See Smith, supra note 122, at 3. Return to text.

[188] See DEP 'T OF ENVTL. PROT., supra note 17, at 38; see also Wright & Ackerman, supra note 48, at 264. Return to text.

[189] See supra notes 131-33 and accompanying text. Return to text.

[190] See Smith, supra note 122, at 3. Return to text.

[191] See Smith, supra note 126. Return to text.

[192] See id. Return to text.

[193] See Wright & Ackerman, supra note 48, at 267. Return to text.

[194] See id. Return to text.

[195] In designing a program to encourage the use of propeller guards, the Legislature must be conscious of constitutional limitations. Because interstate commerce is regulated by Congress, and because boats traveling in Florida come from many states, Florida's regulatory powers are limited by the Commerce Clause. See U.S. CONST. art. I, 8, cl. 3; see also generally JOHN E. NOWAK & RONALD D. ROTUNDA, CONSTITUTIONAL LAW 8.7, at 291-95 (5th ed. 1995) (discussing state powers to regulate transportation). Furthermore, absent permission from the U.S. Secretary of Transportation, the Federal Boat Safety Act, 46 U.S.C. 4302-4306 (1994), gives the U.S. Coast Guard the exclusive authority for developing boating safety regulations. See Elliot v. Brunswick Corp., 903 F.2d 1505, 1508 (11th Cir. 1990). Return to text.

[196] See supra notes 143-50 and accompanying text. Return to text.

[197] See FLA. STAT. 370.12(2)(q) (1995). Return to text.

[198] See MAYO, supra note 153, at 107. Return to text.

[199] See U.S. ARMY CORPS OF ENGINEERS, supra note 135, at 23. Return to text.

[200] See FLA. STAT. 327.73(1) (1995). Return to text.

[201] See id. 370.012(2)(s), .021(1)-(2). Return to text.

[202] See DEP'T OF ENVTL. PROT., supra note 17, at 36. Although DEP uses the study's conclusions in numerous publications, Major Bruce Buckson of the Florida Marine Patrol has sharply criticized the report's data. See Buckson, supra note 17. Return to text.

[203] See Buckson, supra note 17. Major Buckson also stated that the revisions to the MSA providing for lower penalties and uniform boating citations were intended to increase law enforcement officers' willingness to fully enforce the MSA. See id. The tougher penalties of the older law, he believes, caused many officers to issue only warnings to speed zone violators. See id.; see also James M. Seif & Terry Bossert, Pa. Dep't of Envtl. Prot., Thoughtful and Thorough Enforcement (visited Oct. 24, 1996) <http://www.dep.state.pa.us/dep/seif/depenforcethought.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[204] See Calleson, supra note 17; see also Frohlich, supra note 17. According to staff in the DEP Bureau of Protected Species Management, it is extremely difficult to identify people responsible for killing a manatee, in particular because manatee carcasses are often decayed when discovered. See Frohlich, supra note 17. Return to text.

[205] See Buckson, supra note 17; Calleson, supra note 17; Frohlich, supra note 17; see also Reynolds, supra note 49, at 7 (noting that funding has been insufficient to hire adequate enforcement staff). Florida Marine Patrol and DEP officials recognize the importance of enforcement, but note the budgetary restraints involved in expanding the size of the marine patrol. See Buckson, supra note 17; Calleson, supra note 17; Frohlich, supra note 17; Lund, supra note 17. Return to text.

[206] See FLA. STAT. 370.12(2)(s)(2) (1995). Return to text.

[207] The author's research of case law and Florida Marine Patrol databases indicates that no violation has ever been prosecuted under section 370.12(2)(e), Florida Statutes. Officials at the Water Management District, DEP, and the Florida Marine Patrol stated that they could not think of even a single instance in which a person forfeited property pursuant to the MSA. See Buckson, supra note 17; Calleson, supra note 17; Frohlich, supra note 17; Lund, supra note 17; Return to text.

[208] See Suzette Hackney, Craftier Dealers Put Crimp in Drug Division's Budget, DET. NEWS, Jan. 8, 1996, at 4C (stating that "city's $22.6 million drug forfeiture fund will be depleted by year-end, prompting an increase in money the narcotics division will need from the Police Department's general fund"). Return to text.

[209] See 16 U.S.C. 668b (1994). Return to text.

[210] See id. 1540(4)(A). Return to text.

[211] See, e.g., United States v. One Handbag of Crocodilus Species, 856 F. Supp. 128, 132 (E.D.N.Y. 1994); United States v. Thirty Eight Golden Eagles or Eagle Parts, 649 F. Supp. 269, 272 (D. Nev. 1986); see also Richard J. Lazarus, Meeting the Demands of Integration in the Evolution of Environmental Law: Reforming Environmental Criminal Law, 83 GEO. L.J. 2407 (1995). Return to text.

[212] See United States v. Ursery, 116 S. Ct. 2135, 2147 (1996); Austin v. United States, 509 U.S. 602, 627 (1993). Return to text.

[213] See Mark Arax, Immigrant Farmer's Woes Galvanize Conservatives; Growers, Politicians Rally in Support of Man Accused of Violating Endangered Species Act, L.A. TIMES, June 10, 1994, at 1A. Return to text.

[214] See Randolph Pendleton, Specialty Tags Not So Special in Florida Anymore, FLA. TIMES-UNION, Apr. 6, 1996, at B1; Kimberly Williams, A License to Express Yourself, ORLANDO SENT., Aug. 1, 1996, at F1; Gail Willis, Swimming Against Disease, BALTIMORE SUN, Apr. 24, 1996, at 1A. The manatee tag was the top selling tag in 1995, and the second-most popular in 1996. See Pendleton, supra, at B1. The specialty license plate has raised $11 million since 1990. See Willis, supra, at 1A. Return to text.

[215] See Reynolds, supra note 49, at 7 (noting that "some people are openly antagonistic towards regulations that restrict human activities," although a survey of boaters found overall support for the manatee protection programs). Return to text.

[216] See Telephone Interview with Bonnie Abellera, Info. Specialist, Dep't of Envtl. Prot. (Oct. 6, 1996) (notes on file with author). Dade County and the Metropolitan Dade County School Board are currently developing a supplemental curriculum that includes manatee education. See id. The program consists of field trips and teacher education. See id.; see also MAYO, supra note 153. Return to text.

[217] See Florida Power & Light Co., Florida Manatee (visited Oct. 24, 1996) ) <http://www.fpl.com/fplpages/environ/specman1.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). According to Florida Power & Light, aerial surveys have counted approximately 1,200 manatees at these facilities. See id. Return to text.

[218] See Destination Florida, Breathing Life into Conservation Commitments (visited Oct. 24, 1996) <http://www.goflorida.com/central/orlando/do/attract/themes/swaniml.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[219] See Miami Seaquarium (visited Oct. 24, 1996) <http://members.aol.com/sealandtou/seaq.htm> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Return to text.

[220] See FT. PIERCE UTIL. AUTH., ENVIRONMENTAL EDUCATION PROPOSAL (1996). Return to text.

[221] See WORLD COMM 'N ON ENV'T AND DEV., OUR COMMON FUTURE 6.9-.10 (1987).

At the heart of the issue lies the fact that there is often a conflict between the short-term economic interest of the individual nations and the long-term interest of sustainable development and potential economic gains of the world community at large. A major thrust in actions to conserve genetic diversity must therefore be directed at making it more economically attractive, both in the short term and in the longer perspective, to protect wild species and their ecosystems. Developing countries must be ensured an equitable share of the economic profit from the use of genes for commercial purposes.
Id. 6.13. Return to text.

[222] Genetic engineering or manipulation involves taking genes from their normal location in one organism and using them somewhere else. See Australian Biotech. Ass'n, Educational Leaflet: What Is Genetic Engineering? (visited Oct. 24, 1996) <http://www.aba.asn.au/leaf2.html> (copy on file with Fla. St. U. L. Rev., Tallahassee, Fla.). Scientists can take useful genes from plants or animals and transfer them to microorganisms which will grow the genes more quickly. See id. For example, genetically engineered bacteria are used to produce human insulin for treating diabetes. See id. Furthermore, these genes can be transferred among species, enabling plants, animals, or micro-organisms to adapt to new environments more quickly than they might have through evolution. See id. Return to text.

[223] See Copeland, supra note 166. Return to text.

[224] See Frohlich, supra note 17. Return to text.

[225] See MARINE MAMMAL COMM'N, supra note 52, at 14-15. Return to text.

[226] See id. Return to text.

[227] See id.. When the "Save the Manatee" license plate dropped from first place to second in popularity, the manatee program suffered a funding cutback from $1.39 million in 1994 to $1.35 million in 1995. See DEPT. OF ENVTL. PROT., supra note 17, at i; DEPT. OF ENVTL. PROT., supra note 95, at ii. Return to text.

[228] The National Science Foundation recently forecast a 25% reduction in funding for science research by 2002. See Dick Stanley, Federal Money Returns to UT Research; Budget Battles Postponed Grants; Federal Reduction in Science Spending by 2002 Predicted, AUSTIN AMERICAN STATESMAN, June 3, 1996, at 1B; see also Jim Morrill & Taylor Batten, Cutting Spending Involves Tough Choices; Government Spending Has Entered, Influenced Almost All Walks of Life, ASHEVILLE CITIZEN-TIMES, Mar. 10, 1996, at 1A. Return to text.

[229] Already, DEP has experienced a loss in federal funding because its fiscal year 1996 budget no longer includes grant money from the U.S. Fish & Wildlife Service. See Telephone Interview with Mary Woodworth, Operations and Management Consultant, Dep't of Envtl. Prot. (Oct. 6, 1996) (notes on file with author). Return to text.

[230] See Calleson, supra note 17; see also Reynolds, supra note 49, at 7-9; Abellera, supra note 216. Return to text.

[231] See Calleson, supra note 17. While current staffing levels are inadequate, hiring an additional 250 field officers would cost more than $11 million each year. See id. Return to text.