MARINE MAMMAL COMMISSION - Annual Report for 1998 



enhance manatee viewing opporuinities, the Manatee 

 Observation Education Center, which operates the 

 viewing area, developed a proposal to construct a 

 solar water-heating system to discharge heated water 

 into the outfall area when the power plant was not 

 operating. The center circulated its proposal to the 

 Fish and Wildlife Service, the Sirenia Project, the 

 Florida Department of Environmental Protection, and 

 the Marine Mammal Commission for comment. 



On 31 July 1998 the Commission responded noting 

 that, although use of such technology to enhance 

 existing artificial warm-water refuges or create new 

 ones merits serious consideration, decisions about 

 where to do so need to be examined within a regional 

 context. Noting that plans were being developed for 

 a forum to examine long-term options for maintaining 

 artificial warm-water refuges, the Commission there- 

 fore requested that the center defer action on its 

 proposal until results of that meeting were available. 

 Other agencies also asked that the center not act on its 

 proposal. In response to this advice, the center took 

 no action in 1998. 



Power Plants in Brevard County — As noted 

 above, maximum winter counts at two power plants in 

 Brevard County have increased significantly. The two 

 outfalls, located within a few miles of each other 

 along the intracoastal waterway, have received no 

 special protection to date. To help determine whether 

 special management action may be warranted, because 

 of the increasing number of manatees at the two sites, 

 the Save the Manatee Club contracted for a study to 

 monitor abundance and distribution of manatees at 

 both locations during the winter of 1997-1998. The 

 study provided information on the distribution of 

 animals within the outfall area and documented 

 several incidents in which manatees were harassed and 

 sometimes hooked by recreational fishermen or 

 dismrbed by boaters. 



In view of the findings, the club provided copies of 

 study reports to the Fish and Wildlife Service on 12 

 June 1998 and requested that the Service establish 

 manatee sanctuaries at both onfalls to restrict human 

 access to the warm-water areas used most frequently 

 by manatees. In response, the Service consulted with 

 the Florida Department of Environmental Protection. 

 The two agencies agreed that the request appeared 



warranted, but they concluded that it would be more 

 appropriate to implement rules under state, rather than 

 federal, authority. Therefore the department proceed- 

 ed to develop rules for no-entry areas at both outfalls. 

 Final rules in this regard were adopted on 9 Decem- 

 ber 1998 and went into effect on 29 December 1998. 



Fort Myers Power Plant — One of the most 

 important artificial warm-water refuges in Florida is 

 the Fort Myers power plant on the Caloosahatchee 

 River in southwestern Florida. Maximum winter 

 counts at this site reached a record level of more than 

 400 animals in 1996. Because of adverse effects from 

 thermal effluent on marine life in coastal waters, the 

 state has established thermal discharge limits that are 

 substantially greater than those in adjacent waterways. 

 Most power plants constructed before those limits 

 went into effect exceed those levels at times. To 

 continue discharging the thermal effluent, plant 

 operators must therefore obtain a variance to the 

 limits from the state. These variances are issued for 

 five-year periods. 



To extend the life of the Fort Myers power plant, 

 which is over 30 years old, its owner and operator, 

 the Florida Power & Light Company, recently began 

 work to repower this power plant and renew its 

 variance from the state's thermal discharge limits. 

 The state decided to grant the variance request, but in 

 February 1997 the Southwest Florida Marine Trade 

 Association filed a lawsuit challenging issuance of the 

 new variance. The suit maintained that the variance 

 allowed continued adverse effects on marine life in the 

 Caloosahatchee River and that it also may be detri- 

 mental to manatees by interrupting historic migratory 

 patterns and encouraging large numbers of manatees 

 to remain in areas where they are exposed to high 

 levels of boat-related mortality and red tides. As part 

 of a negotiated settlement reached on 25 February 

 1998, the state agreed to collect and analyze data on 

 thermal effluent levels from the power plant and its 

 possible effects on manatees and other marine life. It 

 also agreed to convene a public workshop to discuss 

 issues regarding manatees and thermal discharges in 

 the Caloosahatchee River and related research needs. 

 At the end of 1998 plans were being made to hold the 

 workshop in early 1999. 



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