A federal judge has issued a sweeping order mandating the Florida Department of Environmental Protection (FDEP) to undertake significant measures to safeguard manatees in the northern Indian River Lagoon, a critical habitat experiencing a severe decline in seagrass, their primary food source.
The order, issued Monday by U.S. District Judge Carlos Mendoza, requires the state to seek a federal permitting process and temporarily bans new septic tank installations in the affected area.
Mendoza’s ruling follows his April 11 decision that the FDEP violated the Endangered Species Act in the northern Indian River Lagoon, which spans primarily Brevard County and extends into southern Volusia County.
READ: Florida Manatee Migration Underway: FWC Urges Boaters To Slow Down, Stay Alert
The lawsuit was brought by the environmental group Bear Warriors United, which argued that wastewater discharges, particularly from septic tanks, led to the proliferation of harmful algae blooms, the subsequent demise of seagrass beds, and ultimately, harm and deaths among the manatee population.
While the FDEP has appealed the April 11 ruling to the 11th U.S. Circuit Court of Appeals, Judge Mendoza’s latest order serves as a permanent injunction to implement his initial decision.
A pivotal component of the order is the directive for the FDEP to obtain an “incidental take” permit from the U.S. Fish and Wildlife Service.
This process necessitates the development of a comprehensive conservation plan by the state, which, according to the federal agency’s website, could lead to “permanent protection and management of habitat for the species.”
READ :Florida Manatees To Remain Classified As “Threatened,” Antillean Manatees Reclassed As “Endangered”
Pending the incidental-take permit request, Mendoza has imposed a moratorium on the issuance of permits for constructing and installing septic systems within the northern Indian River Lagoon watershed. This moratorium is slated to begin on July 17 and will remain in effect until the incidental-take permit is successfully issued.
Bear Warriors United had specifically requested this halt, emphasizing that “New residential and commercial construction that use (septic tanks) will only exacerbate nitrogen loading into the North IRL (Indian River Lagoon).”
They further stated in an April 25 court document that the court had already determined “continuing high levels of nitrogen loading into the North IRL has caused the collapse of seagrasses, resulting in ongoing take of manatees that occupy the North IRL.”
In response, FDEP attorneys had argued in a May 6 filing that such a moratorium would “improperly bind parties” not involved in the case, stating that it would “prohibit anyone from undertaking residential or commercial construction using onsite sewage treatment and disposal systems. Needless to say, the independent landowners and builders whose property rights would be curtailed by such an order are not parties to this action.”
Beyond the permitting and septic tank regulations, Judge Mendoza’s order also mandates the establishment of biomedical-assessment and supplemental-feeding programs for manatees in the region, to be overseen by “manatee experts.” Quarterly reports on these programs are also required to be made public.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
