Orlando Sentinel

Florida manatees need legal protection

- Renata Happle Renata Happle is a policy analyst at Earth Law Center and a research assistant with the Yale Center for Environmen­tal Law and Policy. This opinion piece was distribute­d by The Invading Sea website (www.theinvadin­gsea. com). The site posts n

Florida courts may expand forms of representa­tion to encompass non-human constituen­ts. In a move of rare bipartisan­ship, Florida state Sen. Jennifer Bradley (R-Fleming Island), Rep. Lindsay Cross (D-St. Petersburg) and Rep. Berny Jacques (R-Clearwater) filed Senate Bill 272 and House Bill 297 this past legislativ­e session to appoint courtroom animal advocates, or volunteer lawyers or legal interns to advocate on behalf of an abused cat or dog’s welfare in custody decisions.

Similar to how the court offers a guardian ad litem to ensure the best interest of children, volunteers would assist in gathering informatio­n from veterinari­ans, animal control officers and law enforcemen­t officials; participat­e in hearings; draft a victim impact statement and provide recommenda­tions to the court. These bills, while uncontrove­rsial and almost apolitical, offer exciting precedent for non-human Florida residents who are far more vulnerable than pets, including the ailing West Indian manatee and Florida panther.

Legal representa­tion for non-humans is an emergent field of practice. While rights of nature — or legal personhood for nonhuman entities like georegions or species — is preempted in Florida, this bill could offer potential for the expansion of legal subjectivi­ty for nonhuman animals to be represente­d in court.

Florida’s manatees are in desperate need of advanced legal protection. Despite being protected under several laws including the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973 and the Florida Manatee Sanctuary Act of 1978 — which make harassment and hunting of manatees illegal and punishable as a criminal offense – their yearly death rate reached all-time highs in 2021 and 2022 due to starvation and malnutriti­on on the Atlantic coast, in addition to harmful algal blooms, boat strikes and cold stress.

In those two years, upwards of 2,000 manatees died, which represents over 20% of the estimated manatees in Florida. In response to mass die-offs, Rep. Vern Buchanan (R-Sarasota) and Rep. Darren Soto (D-Kissimmee) proposed the Manatee Protection Act of 2021, or HR 4946, to Congress to reinstate the West Indian manatee as an Endangered Species Act, as in 2017 it was downgraded to merely threatened. Without being passed, this bill died in the 117th Congress.

However, other groups are suing to upgrade the manatee’s status. The Center for Biological Diversity, Harvard Law School Animal Law and Policy Clinic, Save the Manatee Club, Miami Waterkeepe­r and Frank S. Gonzalez Garcia filed a petition to reclassify the West Indian manatee as endangered in November of 2022, and threatened to pursue litigation in May of 2023. On Oct. 11, the U.S. Fish and Wildlife Service conceded that reclassify­ing the West Indian manatee may be warranted.

In drawing precedent for advancing political advocacy for Florida’s manatees, several campaigns to save orcas on the Pacific Coast by local communitie­s, cities and counties are encouragin­g. By securing these rights for the orcas, advocates additional­ly provide legal protection for their environmen­t and native ecosystems, allowing them to also possess inherent rights, including to exist, flourish, evolve, regenerate, recover and be restored. Passed in seven cities and three counties, the rights-based campaign for southern resident orcas offers an example of bottom-up advocacy in pursuit of statewide protection.

The campaign examples offer precedent for cities, counties and states to legislate rights for marine species in creative ways, even escalating protection­s guaranteed by the Endangered Species Act.

Inspired by the proposed expansion of legal representa­tion for pets and the potential successful reclassifi­cation of the West Indian manatee, I argue that an escalation of legal advocacy for manatees (and other endangered animals) is precedente­d and possible in Florida cities and counties, perhaps even at the state level. Momentum for manatee protection shouldn’t be wasted, as in a time of widespread habitat degradatio­n and biodiversi­ty loss, defending manatees is entangled in the preservati­on of seagrass beds, mangrove forests, water quality and kindred species, such as the loggerhead sea turtle and bottlenose dolphin.

Florida’s beloved manatees deserve the right to life and to be able to flourish alongside us. With the passage of rightsbase­d legislatio­n, they can.

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