[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]
[Page 68719-68725]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-17]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2010-0079; 92220-1113-0000-C3]
RIN 1018-AX27
Endangered and Threatened Wildlife and Plants; Emergency Rule To
Establish a Manatee Refuge in Kings Bay, Citrus County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Emergency rule.
-----------------------------------------------------------------------
SUMMARY: This emergency rule establishes a manatee refuge in Citrus
County, Florida, in the waters of Kings Bay, including its tributaries
and connected waters because we, the U.S. Fish and Wildlife Service
(Service), have determined that there is substantial evidence that
there is imminent danger of a taking of one or more manatees
(Trichechus manatus) in these waters. This emergency action is
effective for 120 days. We will initiate the rulemaking process to
establish a permanent manatee refuge in this area, including holding
the first of several public meetings, within 10 days of the publication
of this rule.
DATES: This action will be effective from November 15, 2010 through
March 15, 2011, and the effective date for this action was also issued
through a legal notice published in the Citrus County Chronicle on
November 9, 2010, in accordance with 50 CFR 17.106. The dates for the
public meetings are listed under the Public Participation section of
this rule.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at North Florida
Ecological Services Field Office, U.S. Fish and Wildlife Service, 7915
Baymeadows Way, Suite 200, Jacksonville, Florida 32256. Supplementary
documents may be obtained via the Internet at http://
www.regulations.gov in Docket No. FWS-R4-ES-2010-0079. The addresses
for the public meetings are listed under the Public Participation
section of this rule.
FOR FURTHER INFORMATION CONTACT: Jim Valade, Florida Manatee Recovery
Lead, (see ADDRESSES section), telephone 904/731-3336.
SUPPLEMENTARY INFORMATION:
Background
The Crystal River is a tidal river on the west coast of Florida.
Forming the headwaters of Crystal River is Kings Bay, a lake-like
waterbody fed by numerous fresh-water springs. The Kings Bay springs
constitute one of the most important natural warm-water refuges for
manatees. The West Indian manatee (Trichechus manatus) is federally
listed as an endangered species under the Endangered Species Act of
1973, as amended (ESA) (16 U.S.C. 1531 et seq.) and the population is
further protected as a depleted stock under the Marine Mammal
Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1361 et seq.). The
West Indian manatee includes two subspecies: The Florida manatee
(Trichechus manatus latirostris) and the Antillean manatee (Trichechus
manatus manatus). The Florida manatee's range includes Kings Bay.
Kings Bay is actively used by a growing population of manatees that
now numbers in the hundreds of individuals (reaching 565 individuals in
2010) (Kleen 2010, pers. com.). Manatees primarily use the area in
Kings Bay as a wintering site, relying on the bay's natural springs and
adjacent forage areas for warmth and sustenance. When Gulf of Mexico
water temperatures drop to about 68 [deg]F (20 [deg]C), manatees
looking for warmer water will begin showing up regularly in Kings Bay
around November 15 and tend to stay until about March 31; this is the
identified ``manatee season'' when local manatee sanctuaries are in
effect. Occasionally, manatees will appear in the region earlier with
the advent of an early winter and may remain in the region longer,
following severe or extended winters. When the weather begins to warm
around the end of March, manatees generally move away from the springs
and Kings Bay, traveling to summer foraging areas along Florida's west
coast.
Over the last 30 years (1980-2010), the Service and the State of
Florida have created a network of manatee protection areas within the
Kings Bay area. During the manatee season, this network includes seven
Federal manatee sanctuaries (which are described in our regulations at
50 CFR 17.108(a)(1)-(a)(7)) and five State manatee protection zones (as
described in Chapter 68C-22, ``The Florida Manatee Sanctuary Act''
(2010)). This network of manatee protection areas is enforced by
Service, State, and local law enforcement officers. Extensive outreach
and education programs support the protection area network, encouraging
the public who engage in manatee viewing activities to avoid harassing
manatees.
This network of existing manatee protection areas was designed to
prevent the take of manatees caused by waterborne activities, including
but not limited to, boating and manatee viewing activities. It was
established to allow manatees to continue to gain access to critical
warm-water areas and important resting and foraging areas. Take, as
defined by section 3(19) of the ESA, means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, collect, or to attempt to
engage in any such conduct. ``Harm'' is further defined by regulation
at 50 CFR 17.3 to mean an act which actually kills or injures wildlife.
``Harass'' is also defined by regulation to mean any intentional or
negligent act or omission which creates the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns, which include, but are not limited to,
breeding, feeding, or sheltering (50 CFR 17.3). Take, as defined by
section 3(13) of the MMPA, means to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill any marine mammal. Under
section 3(18) of the MMPA, harassment is defined to include any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering. All takings, including takings by harassment, are
prohibited.
The Service can minimize take through the designation of manatee
protection areas in the form of either a manatee refuge or a manatee
sanctuary. Regulations authorizing designation of manatee refuges and
sanctuaries in areas where prohibitions or restrictions on certain
waterborne activities are needed to prevent the take of manatees are
codified in 50 CFR 17 subpart J. A manatee refuge is defined as an area
in which the Director has determined that: (1) Certain waterborne
activities will take one or more manatees; or (2) certain waterborne
activities must be restricted
[[Page 68720]]
to prevent the take of one or more manatees, including but not limited
to taking by harassment. A manatee sanctuary is an area where it has
been determined that any waterborne activity will result in the taking
of one or more manatees, including but not limited to a taking by
harassment (50 CFR 17.102).
Waterborne activities that occur on the Service's Crystal River
National Wildlife Refuge (NWR) property in Kings Bay that are known to
take manatees are restricted pursuant to 50 CFR 17 subpart J and the
National Wildlife Refuge Improvement Act (16 U.S.C. 668dd-668ee), which
allows the Service to issue special-use permits for commercial and
retail activities that occur on NWR property. The Banana Island Manatee
Sanctuary, designated under 50 CFR part 17 subpart J, prohibits all
waterborne activities from occurring on some submerged lands owned by
this NWR. Commercial and retail activities that occur on NWR-owned land
include manatee viewing, diving, snorkeling, videography, and others.
Businesses wanting to engage in these activities on NWR property obtain
special-use permits from Crystal River NWR. These permits are
conditioned to require permittees to take those steps needed to make
sure that their activities and those of their customers do not harass
or otherwise take manatees.
Citrus County's coastal waters, including the waters of Kings Bay,
are used for a variety of water-based recreational and commercial
activities, including: Manatee viewing, snorkeling and scuba diving,
boating, canoeing and kayaking, fishing, waterskiing, and other
activities. Both Citrus County residents and visitors to the area
engage in these activities. These activities are an important source of
income for the area. Local eco-tour operators, dive shops, marinas,
hotels and motels, restaurants, and other businesses benefit from these
activities (Buckingham 1990b, p. 6). Kings Bay and its clear waters
have catered to the scuba diving industry for decades (Kochman et al.
1983, p. 6). Beginning in the 1960s, the increasing presence of
manatees generated a commercial interest in manatee viewing activities
(Hartman 1979, pp. 126-131). Local dive shops and others in the
community developed and now cater to individuals wanting to view
manatees (Sorice et al. 2003, p. 327). Kings Bay is now a nationally
and internationally recognized destination for winter-time manatee
viewing. In 2001, more than 100,000 individuals were thought to visit
the area to view manatees (MMC 2001, p. 125); the number of
participants has likely increased since then.
Waterborne activities, including manatee viewing activities, and
their effects on manatees have been investigated in Kings Bay (Hartman
1979, p. v; Packard 1983, p. i; Kochman et al. 1985, p. 921; Buckingham
1990b, p. 1; Buckingham et al. 1999, p. 514; Meigs-Friend 2003, p. 1;
Sorice et al. 2003, p. 319; King and Heinen 2004, p. 227; Berger 2007,
p. 1). Researchers described individual manatee responses to the
presence of people in the water: Manatees generally avoided people;
some approached people with curiosity and then left; and some manatees
approached and solicited interactions with people (Hartman 1979, pp.
128-130; Buckingham 1990b, pp. 28-29). Some manatees appeared to become
more tolerant of people through regular encounters. Researchers
described swimmer encounters that disturbed manatees: Pursuit, riding,
diving from the surface on to manatees, sounds from scuba regulators,
bright lights from underwater videographers, and others (Hartman 1979,
p. 131; Buckingham 1990b, p. 29; Sorice et al. 2003, pp. 328-333; King
and Heinen 2004, pp. 228-232). On a more subtle level, manatees were
observed to move from preferred use areas to other areas in response to
increasing numbers of boats and people (Kochman et al. 1985, pp. 922-
924; Buckingham 1990b, pp. 16-17; Buckingham et al. 1999, p. 514). In
particular, manatees tended to move into sanctuary or no-entry areas in
the presence of increasing numbers of boats and people (Kochman et al.
1985, pp. 922-924; Buckingham 1990b, pp. 16-17; Buckingham et al. 1999,
pp. 514; King and Heinen 2004, pp. 231-232).
The number of people, boats, and manatees has been increasing in
the west Florida coast region. In Citrus County, home to Kings Bay, the
number of Citrus County residents increased by 19.8 percent, from
118,085 to 141,416, over the 2000-2008 period (U.S. Census Bureau 2010
Web site). Concurrent with this increase in number of residents, the
number of boats registered in Citrus County increased by 36.2 percent.
In 2009, there were 17,601 boats registered in Citrus County, an
increase of 4,675 boats since 2000, when 12,926 vessels were registered
there (FDHSMV 2010 Web site). While the number of visitor-owned
watercraft that use Citrus County waterways, including Kings Bay, is
unknown, this number is likely increasing, based on county revenue
trends that describe an increasing number of visitors to the area.
Revenue trends associated with businesses that cater to visitors,
including Citrus County lodging and food service revenues and tourist
tax revenues, have increased by 178 percent and 214 percent,
respectively, over the past 10 years, suggesting an increase in the
number of visitors to the area (U.S. Census Bureau 2010 Web site).
Tourism surveys suggest that about half of all visitors to the area
come to Citrus County to enjoy water-based activities that include
manatee viewing, snorkeling, and diving (Gold 2008, pp. 4-5).
In January 2010, Crystal River NWR researchers counted 646 manatees
in Citrus County's coastal waters, including 565 manatees in Kings Bay.
This is the highest number of manatees ever counted in this region and
in Kings Bay (Kleen 2010, pers. com.). Wintering manatees have been
counted by aerial survey in the region since the 1983-1984 winter, when
142 manatees, including 124 in Kings Bay and Crystal River, were first
observed (Kleen 2010, pers. com.). The manatee population in Florida's
Northwest Region grew at a rate of 4.0 percent per year through 2000,
based on an assessment of adult survival rates (Runge et al. 2004, p.
371).
In the State's northwest region, adult manatee mortality is almost
equally partitioned between human-related and natural causes, with
watercraft collisions being the leading cause of human-induced
mortality. For nonadults, perinatal mortality is the most common cause
of death, with watercraft collisions ranked second. Each year, manatees
are injured and/or killed by watercraft in Citrus County. From 1974-
2009, 58 manatees died from collisions with watercraft in county
waterways, including 15 manatees in Kings Bay. In 2008, the Florida
Fish and Wildlife Conservation Commission (FWC) recorded the highest
number (8) of manatees ever killed by watercraft in Citrus County (FWC
FWRI Manatee Mortality Database 2010 Web site). Watercraft-related
deaths occur throughout the year in this region, including Kings Bay.
To reduce the number of watercraft-related collisions with manatees,
boaters must adhere to State manatee-protection-zone speed
restrictions, enforced by Service, State, and local law enforcement
agencies. Additional no-entry areas created by this rulemaking will
supplement efforts to reduce this source of mortality.
The impacts of encounters with manatees have been investigated in
Citrus County for many years. Manatee responses to viewing participants
and boats have been documented (Sorice et al. 2003, p. 324).
Researchers noted increases in swimming, milling, and cavorting
behaviors and decreases in resting, feeding, and nursing behaviors
[[Page 68721]]
when numbers of people and boats increased (Abernathy 1995, pp. 23-26;
Wooding 1997, p. 1; King and Heinen 2004, pp. 230-231). They also
observed that increases in numbers of boats and participants prompted
manatees to use other areas (Kochman et al. 1985, pp. 922-924;
Buckingham et al. 1999, p. 514). However, none of these studies'
observations of manatee responses to viewing participants and boats
suggest that harm (killing or injuring of manatees) has occurred or is
occurring (Sorice et al. 2003, p. 320). Nor have there been any
significant increases in the number of cold-related injuries and
mortalities in the northwest Florida region, and manatee survival rates
are among the highest in Florida (FWC FWRI Manatee Mortality Database
2010 Web site; Runge et al. 2007, p. 20).
Manatee harassment, largely associated with wintertime manatee
viewing activities, is known to occur, and the Service, State, and
other law enforcement agencies actively enforce harassment laws in
Citrus County and in Kings Bay. Cited acts of harassment include
trespass by individuals viewing manatees into manatee sanctuaries where
the Service has determined that any waterborne activity occurring
within these areas will result in take of manatees, including but not
limited to take by harassment. Outside of these areas, the public
disturbs and occasionally harasses manatees while engaged in viewing
and other waterborne activities. When observed, violators are warned or
cited. Given variations in enforcement practices and recordkeeping
systems, numbers and trends in numbers of issued warnings and citations
are difficult to interpret. As such, these records are not used to
describe trends in harassment activity. Indirectly, the presence of
large numbers of people in the vicinity of manatees may cause some
animals to abandon the area, another form of harassment.
Increasing numbers of in-water visitors to Kings Bay and an absence
of adequate space at wintering areas in which manatees can shelter free
from harassment and other forms of take prompt the need for this
emergency designation. Without sufficient space within the existing
Kings Bay sanctuaries to shelter, rest, and feed free from harassment,
manatees are at risk when exposed to cold temperatures for any length
of time. The numbers of visitors and manatees have increased since 1998
when the last sanctuary was designated in Kings Bay (63 FR 55553;
October 16, 1998), and researchers have documented dozens of manatees
outside the boundaries of the seven existing Kings Bay sanctuaries,
already filled to capacity with wintering manatees (Kleen 2010, pers.
com.). Manatees have been harassed in areas that are outside the
boundaries of the existing sanctuaries (Aloise 2010, pers. com.), and
acts of harassment are likely to increase in the absence of additional
measures. Pursuant to our authorities to designate manatee protection
measures whenever substantial evidence exists of an imminent danger of
a taking, including harassment, of one or more manatees, we believe
that this emergency rulemaking is needed to prevent such take.
Additional measures used to address manatee harassment, include,
additional law enforcement, increasing and improved outreach and
education efforts including on-water volunteer efforts to educate
manatee viewers, improved coordination with local eco-tour operators,
special-use permits, and land acquisition and management activities.
Researchers believe that manatee protection areas, which can
include sanctuaries or refuges, when combined with law enforcement,
good outreach and education messages and efforts, and some limitations
on activities and participant numbers, are an effective tool for
reducing adverse effects associated with manatee viewing activities
(Kraus 2003, pers. com.; Buckingham et al. 1990a, pp. 58-63). However,
the effectiveness of these measures is diminished when: (1) Existing
sanctuaries cannot provide enough space for all manatees seeking to use
them; (2) limited numbers of enforcement officers are available to
enforce regulations; (3) there are conflicting and inadequate education
and outreach efforts and; (4) the Service's ability to control the
number of people who come to view manatees is limited (Kraus 2003,
pers. com.; Sorice et al. 2006, pp. 69-83).
At present, the current sanctuaries do not provide adequate space
for all manatees wanting to use these sites. Observations from both
aerial survey and on-water observers describe dozens of manatees unable
to access overcrowded sanctuaries (Kleen 2010, pers. com.; Lusk 2010,
pers. com.). This increase in the number of manatees unable to access
the sanctuaries is consistent with the recent record high count of
manatees (565) in Kings Bay in January 2010. Similarly, the number of
residents, visitors, and boats in the area, including those who engage
in manatee viewing activities, has increased. While not quantified, the
number of public reports of purported manatee harassment received by
Crystal River NWR is increasing (Lusk 2010, pers. com.). The presence
of increasing numbers of manatees just outside of sanctuary boundaries,
where they are more accessible to increasing numbers of people who come
to view manatees, provides increasing opportunities for harassment to
occur. While the existing network does provide a level of protection
for wintering manatees, the network, in its current condition, is
unable to provide the level of protection needed to prevent increasing
acts of harassment from occurring in the face of increasing numbers of
manatees and manatee viewing participants.
To further prevent acts of harassment and other forms of take from
occurring in Kings Bay, through this emergency rule, we designate the
entire area as a manatee refuge. The areas covered by this emergency
rule are shown in the map in the rule portion of this document. With
this designation, we will implement measures that will improve our
ability to address potential take associated with manatee viewing and
other activities. These protection measures will establish, as needed,
additional no-entry areas outside of and within specified distances
from existing manatee sanctuaries where all waterborne activities,
including swimming, diving (including skin and scuba diving),
snorkeling, water skiing, surfing, fishing, and the use of water
vehicles (including but not limited to boats powered by engine, wind or
other means; ships powered by engine, wind or other means; barges,
surfboards, personal watercraft, water skis, and any other devices or
mechanisms capable of locomotion on, across, or underneath the surface
of the water) are prohibited from November 15 to March 15. We will also
restrict and/or prohibit specific actions known to take manatees in
Kings Bay outside of existing manatee sanctuaries, like riding or
attempting to ride a manatee.
Increasing numbers of manatees, increasing levels of human
activities known to take manatees, and an outdated protected area
network for addressing manatee harassment-related takings in Kings Bay
prompts the need to implement additional measures now so that adequate
protections will be in place in time for the start of the upcoming
winter manatee season. The existing protected area network was last
modified 14 years ago in 1998, when a high count of 250 manatees was
observed in Kings Bay. Since that time, the number of manatees using
Kings Bay has more than doubled, the number of Citrus County residents
has increased by almost 20 percent, the number of locally registered
boats has increased by
[[Page 68722]]
36 percent, and the number of people coming to view manatees in Crystal
River exceeds the estimated 100,000 visitors who came to see manatees
in 1998. Increasing numbers of manatees and members of the public
engaged in manatee viewing activities are overwhelming the manatee
protection area network. Additional protection measures need to be in
place prior to the upcoming winter season (which starts on November 15,
2010) as described earlier in this document.
This emergency rule will give manatees protection from harassment
at a time when they are unable to find refuge within the existing
Federal manatee sanctuaries and are vulnerable to harassment due to the
cold temperatures that confine them to Kings Bay. Designating manatee
protection areas to prohibit the take of manatees in Kings Bay is
consistent with our authorities under the ESA and the MMPA. The
designation of a manatee refuge in Kings Bay is also consistent with
the Service's Florida Manatee Recovery Plan (2001), which identifies
the implementation of strategies to eliminate or minimize manatee
harassment as an action needed to further the recovery of this species
(USFWS 2001). Our authority to create manatee protection areas to
prevent the take of manatees is codified in 50 CFR subpart J, which
authorizes the Director to establish manatee refuges and sanctuaries.
This authority also authorizes the Service to designate, on an
emergency basis, manatee protection areas when it is determined that
there is evidence of imminent danger of a taking of one or more
manatees and that establishment of a manatee protection area is
necessary to prevent such a taking.
Emergency Determination
This emergency rule establishes a manatee refuge in Kings Bay to
prevent the imminent take of manatees resulting from manatee viewing
and other activities known to occur in this area. To prevent the
imminent take of manatees in Kings Bay, this emergency rule will (1)
prohibit all waterborne activities from specified areas outside of
existing sanctuaries where manatees that are unable to gain access and
avoid harassment due to overcrowding are found; and (2) identify and
restrict certain waterborne activities known to take manatees in Kings
Bay, including actions taken by manatee viewing participants known to
disturb manatees.
The emergency manatee refuge is located within the waters of Kings
Bay and connecting waters and tributaries west of U.S. Highway 19 and
upstream of the confluence of the Crystal River and Kings Bay. This
designation of an emergency manatee refuge will not change the
boundaries of the existing manatee sanctuaries in Kings Bay. See map
below in the rule portion of this document.
When we initiate proceedings to develop a proposed rule to
establish the manatee refuge area as required by Sec. 17.106 and
during the rulemaking process, we will consider the possible issuance
of permits in accordance with Sec. 17.105 and section 104 of the MMPA.
Regulations under 50 CFR 17.105 authorize the Service to issue permits
allowing activities, otherwise prohibited under 50 CFR 17.106 or 50 CFR
17.108, for scientific purposes or for the enhancement of propagation
or survival. We will also explore other means to authorize activities
otherwise prohibited under 50 CFR 17.106 or 50 CFR 17.108.
To protect manatees until we can complete the proposed rule and
final rule that will permanently establish additional manatee
protections in Kings Bay, the Service believes it is critical to
establish a manatee refuge on an emergency basis to prevent the
imminent take of manatees in Kings Bay from waterborne activities
during the upcoming winter months. Specifically, we are establishing
this manatee refuge now on an emergency basis to prevent acts of take
including manatee harassment associated with manatee viewing and other
activities this winter. This refuge designation will remain in place
for 120 days, from November 15, 2010, to March 15, 2011. Consistent
with our authority under our regulations at 50 CFR 17.106 to designate
manatee protection areas on an emergency basis, within 10 days of this
emergency designation, we will initiate the proceedings to establish
the manatee refuge area as required by our regulations at 50 CFR
17.106(e).
Public Participation
The proceedings to establish the manatee refuge area will include a
series of four public meetings as described below. All four public
meetings will be held at the Plantation Inn and Golf Resort, 9301 W.
Fort Island Trail, Crystal River, FL 34429.
First, we will hold two informational public meetings. The purpose
of these informational public meetings is to provide the public with an
opportunity to learn more about the emergency designation of a manatee
refuge in Kings Bay, why the Service took this action, and to ask
questions about the emergency designation. These informational public
meetings will be held on:
(1) Tuesday, November 16, 2010, from 6 to 9 p.m.; and
(2) Thursday, November 18, 2010, from 6 to 9 p.m.
Next, we will hold two, non-decision making, informal public
meetings to discuss the process of formally establishing Kings Bay as a
manatee refuge. The purpose of these informal public meetings is to
provide the public with information on the next steps in the process,
as well as for the exchange of useful information. These informal
public meetings will be held on:
(1) Saturday, November 20, 2010, from 1 to 4 p.m.; and
(2) Thursday, December 2, 2010, from 6 to 9 p.m.
Effective Date
In accordance with the Administrative Procedure Act, we find good
cause as required by 5 U.S.C. 553(d)(3) to make this rule effective
sooner than 30 days after publication in the Federal Register. As
discussed above under ``Emergency Determination,'' we need to establish
this manatee protection area (Kings Bay refuge) prior to the time when
manatees will be seeking warmer waters in Kings Bay for the winter. A
30-day delay in making these sites effective would result in further
risks of manatee mortality, injury, and harassment during the period of
delay. In view of the evidence that there is imminent danger that
manatees will be taken in the waters of Kings Bay and in its
tributaries and connected waters, we believe good cause exists to make
this rule effective upon November 15, 2010. For the same reasons, we
also believe that we have good cause under 5 U.S.C. 553(b)(3)(B) to
issue this rule without prior notice and public procedure. We believe
such emergency action is in the public interest because of the imminent
threat to manatees and the additional time required to complete the
standard rulemaking process. The lack of emergency action could result
in additional take of manatees. This rule does not supersede any more
stringent State or local regulations.
Required Determinations
During the process of preparing a proposed rule to establish this
manatee protection area, which will commence through a public workshop
as described above under ``Emergency Determination,'' we will be
evaluating this action in relation to possible economic impact, its
effect on small businesses, and other required determinations. These
required determinations will be included in the proposed rule.
[[Page 68723]]
References Cited
For a list of the references cited in this rule, see Docket No.
FWS-R4-ES-2010-0079, available at http://www.regulations.gov.
Author
The primary author of this document is Jim Valade (see ADDRESSES
section).
Authority
The statutory authority to establish manatee protection areas is
provided by the Endangered Species Act of 1973, as amended (16 U.S.C
1531 et seq.), and the Marine Mammal Protection Act of 1972, as amended
(16 U.S.C 1361 et seq.).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter 1, title 50 of
the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C 1361-1407; 16 U.S.C 1531-1544; 16 U.S.C
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.108 by adding paragraph (c)(14) to read as follows:
Sec. 17.108 List of designated manatee protection areas.
* * * * *
(c) * * *
(14) The Kings Bay Manatee Refuge. A tract of submerged land that
includes all waters of Kings Bay, including all tributaries and
adjoining waterbodies, upstream of the confluence of Kings Bay and
Crystal River, described by a line that bears North 53[deg]00'00'' East
(True) from the northeasternmost point of an island on the
southwesterly shore of Crystal River (approximate latitude
28[deg]53'32'' North, approximate longitude 82[deg]36'23'' West) to the
southwesternmost point of a peninsula of Magnolia Shores (approximate
latitude 28[deg]53'38'' North, approximate longitude 82[deg]36'16''
West).
(i) The Kings Bay Manatee Refuge encompasses existing manatee
protection areas as depicted on the map below and as described in
paragraphs (a)(1) through (a)(7) of this section, and areas outside
these sections as described in paragraph (c)(14)(ii)(A) of this
section.
BILLING CODE 4310-55-P
[[Page 68724]]
[GRAPHIC] [TIFF OMITTED] TR09NO10.000
BILLING CODE 4310-55-C
(ii) All waterborne activities, including swimming, diving
(including skin and scuba diving), snorkeling, water skiing, surfing,
fishing, and the use of water vehicles (including but not limited to
boats powered by engine, wind or other means; ships powered by engine,
wind or other means; barges, surfboards, personal watercraft, water
skis, and any other devices or mechanisms capable of locomotion on,
across, or underneath the surface of the water) are prohibited from
November 15 to March 15 in areas as defined below that are outside of
and within specified distances from the existing manatee sanctuaries
located in Kings Bay (defined in Sec. 17.108(a)).
(A) When manatees exceed the capacity of an existing sanctuary or
shift usage around an existing manatee sanctuary due to water or
weather conditions, we will designate ``No entry'' areas within the
Kings Bay manatee refuge and outside of existing manatee sanctuaries as
follows:
(1) For the sanctuaries set forth in paragraphs (a)(1) through
(a)(6) of this section, to a distance not to exceed 100 feet from the
existing sanctuary boundary.
(2) For the sanctuary set forth in paragraph (a)(7) of this
section, to a distance not to exceed 400 feet from the existing
boundary. We do not intend to completely mark off the manmade channel.
Expansions could occur directly around the existing sanctuary and north
into the area locally known as Three Sisters Springs.
(B) Designations of ``no entry'' areas around existing manatee
sanctuaries as described above and within the Kings Bay manatee refuge
will be made based on aerial survey observations of manatees using the
existing sanctuary sites, current weather information, and other
sources of credible, relevant information. We could designate ``no
entry'' areas around one or all of the manatee sanctuaries depending on
the winter season.
[[Page 68725]]
(C) Additional protection areas within the Kings Bay manatee
refuge, but outside of the existing manatee sanctuaries set forth in
paragraphs (a)(1) through (a)(7) of this section will be posted to
distances as described in paragraph (c)(14)(ii)(A) of this section and
identified by the following devices: buoys, float lines, signs,
advisories from on-site Service employees and their designees, or other
methods.
(iii) Exceptions. Private and public landowners who own property
that adjoins designated no entry areas in Kings Bay are authorized to
be in these areas for the purpose of accessing their property and local
waterways, storing watercraft, and maintaining owned property and
waterways. Authorized individuals include property owners, their
guests, employees, and their designees. All watercraft operated by
authorized individuals will be identified by a sticker placed on the
watercraft in a conspicuous location; the Service will provide
identifying stickers. All authorized watercraft must operate at idle
speed when in adjoining waters. Maintenance activities include those
actions necessary to maintain property and waterways, subject to any
Federal, State, and local government permitting requirements.
(iv) Notifications. When waterborne activities pose an immediate
threat to aggregations of manatees and are likely to take one or more
manatees, additional protection areas outside of existing manatee
sanctuaries set forth in paragraphs (a)(1) through (a)(7) of this
section but within the Kings Bay manatee refuge will be posted to
distances as described in paragraph (c)(14)(ii)(A) of this section. No-
entry area designations will occur immediately. We will advise the
public of designations through public notice(s) announcing and
describing the measures in a local newspaper and other media, including
but not limited to, local television and radio broadcasts, Web sites,
and other news outlets, as soon as time permits. Onsite Service
employees and their designees, when present, will also inform waterway
users of designations.
(v) Prohibitions. Pursuant to the ESA and MMPA, all takings,
including takings by harassment, are prohibited throughout the year and
any manatee takings, wherever they may occur, are prohibited. To better
prevent the take of manatees by individuals engaged in waterborne
activities while in the water, in boats, or on-shore within the Kings
Bay Manatee Refuge, we specifically identify and prohibit the following
types of activities.
(A) Chasing or pursuing manatee(s).
(B) Disturbing or touching resting or feeding manatee(s).
(C) Diving from the surface on to resting or feeding manatee(s).
(D) Cornering or surrounding or attempting to corner or surround a
manatee(s).
(E) Riding, holding, grabbing, or pinching or attempting to ride,
hold, grab, or pinch manatee(s).
(F) Poking, prodding, or stabbing, or attempting to poke, prod, or
stab manatee(s) with anything, including your hands and feet.
(G) Standing on or attempting to stand on manatee(s).
(H) Separating a mother and calf or attempting to separate a mother
and calf.
(I) Separating manatee(s) from a group or attempting to separate
manatee(s) from a group.
(J) Giving manatee(s) anything to eat or drink or attempting to
give manatee(s) anything to eat or drink.
(K) Actively initiating contact with belted and/or tagged
manatee(s) and associated gear, including any belts, harnesses,
tracking devices, and antennae.
(L) The following waterborne activities are prohibited within Three
Sisters Springs, from November 15 to March 15:
(1) Scuba diving.
(2) Fishing, including with hook and line, by cast net, or spear.
(vi) The area defined as Three Sisters Springs where scuba diving
and fishing is prohibited is delineated as the following: The area
known locally as Three Sisters Springs, which is located along the
north shore of the canal that begins on the west side of the City of
Crystal River's SE Cutler Spur Boulevard and runs west northwest to
Kings Bay. The area includes at least three main spring vents and
numerous smaller vents within the Three Sisters Springs complex, and
the spring run that connects the springs to the canal.
Dated: October 25, 2010.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-28196 Filed 11-8-10; 8:45 am]
BILLING CODE 4310-55-P