Explain the relationship between the Marine Mammal Protection Act and the Endangered Species Act as it relates to the Florida manatee?
A4: The Florida manatee is listed as an endangered species under the ESA and is a marine mammal. As such, both the MMPA and ESA prohibit the incidental take of Florida manatees in the course of otherwise lawful activities, unless authorized. These prohibitions have been in place since 1972 for the MMPA and 1973 for the ESA. Through section 7 of the ESA, the Service can authorize the incidental take of threatened and endangered species that are reasonably certain to occur as a result of Federal actions as long as the specific ESA requirements are met. However, if the listed species is a marine mammal, incidental take regulations under the MMPA must be in place before incidental take under the ESA can be authorized. The need for this action results from the fact that there currently is no authorization for the incidental, unintentional death, injury, or harassment of Florida manatees associated with watercraft access and use in Florida waters. Thus, there is a need to examine the issue o
