[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36493-36508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15603]
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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; Proposed Rule To
Establish a Manatee Refuge in Kings Bay, Citrus County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; availability of supplemental information.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to establish a
manatee refuge in Citrus County, Florida, in the waters of Kings Bay,
including its tributaries and connected waters. We propose this action
based on our determination that there is substantial evidence showing
that certain waterborne activities would result in the taking of one or
more manatees and that certain waterborne activities must be restricted
to prevent the taking of one or more manatees in Kings Bay. We
considered the biological needs of the manatee, the level of take at
these sites, and the likelihood of additional take of manatees due to
human activity at these sites in proposing this manatee refuge. These
factors were the basis for establishing this area as a manatee refuge
by a temporary emergency rule on November 9, 2010, which expired on
March 15, 2011. We announced in the emergency rule that we would begin
proceedings to establish this area as a manatee refuge. This proposed
rule is part of that process. We also announce the availability of a
draft environmental assessment for this action.
DATES: We will consider any comments on both the proposed rule and the
draft environmental assessment that are received by the close of
business on August 22, 2011 or at the public hearing. We will hold a
public informational open house from 5:30 p.m. to 6:30 p.m., followed
by a public hearing from 7 p.m. to 9 p.m., on July 7, 2011, at the
location identified in the ADDRESSES section.
ADDRESSES: Written comments: You may submit comments on the proposed
rule and draft environmental assessment (EA) by one of the following
methods:
Electronically: Go to the Federal eRulemanking Portal:
http://www.regulations.gov. In the Enter Keyword or ID box, enter FWS-
R4-ES-2010-0079, which is the docket number for this rulemaking. Then,
in the Search panel at the top of the screen, under the Document Type
heading, check the box next to Proposed Rules to locate this document.
You may submit a comment by clicking on ``Submit Comments''
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R4-ES-2010-0079; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite MS 2042-PDM; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all information
received on http://www.regulations.gov. This generally means that we
will post any personal information you provide to us (see the Public
Comments Solicited section below for more details).
Copies of Documents: The proposed rule and draft EA are available
by the following methods. In addition, comments and materials we
receive, as well as supporting documentation used in preparing this
proposed rule will be available for public inspection:
(1) You can view them on http://www.regulations.gov. Go to the
Federal eRulemaking Portal: http://
[[Page 36494]]
www.regulations.gov. In the Keyword box, enter Docket No. [FWS-R4-ES-
2010-0079], which is the docket number for this rulemaking. Then, in
the Search panel on the left side of the screen, under the Document
Type heading, click on the Proposed Rules link to locate this document.
(2) You can make an appointment, during normal business hours, to
view the documents, comments, and materials in person at the U.S. Fish
and Wildlife Service, North Florida Ecological Services Office, 7915
Baymeadows Way, Suite 200, Jacksonville, Florida 32256; by telephone
(904/731-3336); by facsimile (904/731-3045). If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
Public Hearing: We will hold a public hearing at the following
location: College of Central Florida--Citrus Campus, CF Conference
Center, 3800 S. Lecanto Hwy., Lecanto, FL 34461-9026 on July 7, 2011
(see Public Hearing section). Comments will be accepted orally or in
writing at the public hearing.
FOR FURTHER INFORMATION CONTACT: Jim Valade, U.S. Fish and Wildlife
Service, North Florida Ecological Services Office, 7915 Baymeadows Way,
Suite 200, Jacksonville, Florida 32256; by telephone (904/731-3336); by
facsimile (904/731-3045); by e-mail: manatee@fws.gov; or on-line at
http://www.fws.gov/northflorida. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
To ensure that any final action resulting from this proposed rule
will be as accurate and as effective as possible, we request that you
send relevant information for our consideration. We request information
from the public, government agencies, Native American Tribes, the
scientific community, industry, and any other interested parties.
Please make your comments as specific as possible and explain the basis
for them. In addition, please include sufficient information with your
comments to allow us to authenticate any scientific or commercial data
you reference or provide. In particular, we seek comments concerning
the following:
1. The reasons why this area should or should not be designated as
a manatee refuge, including information that supports the need for any
changes to the proposed manatee refuge;
2. Current or planned activities in the subject area and their
possible effects on manatees;
3. Any foreseeable economic or other impacts resulting from the
proposed designation;
4. Any substantive information on real or potential effects of the
proposed manatee refuge on manatees; and
5. Any actions that could be considered in lieu of, or in
conjunction with, the proposed designation that would provide
equivalent protection to the manatee against the threat of take.
Prior to issuing a final rule on this proposed action and
determining whether to prepare a finding of no significant impact or an
Environmental Impact Statement, we will take into consideration
comments and additional information we receive. Such information may
lead to a final rule that differs from this proposal. All comments and
recommendations, including names and addresses, will become part of the
administrative record for the final rule.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a final decision, as the Endangered Species Act, the Marine
Mammal Protection Act, and our implementing regulations direct that
decisions be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your information concerning this proposal by one of
the methods listed in the ADDRESSES section. We will not consider
submissions sent by e-mail or fax or to an address not listed in the
ADDRESSES section.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this personal identifying
information from public review. However, we cannot guarantee that we
will be able to do so. We will post hardcopy submissions on http://www.regulations.gov. Please note that comments submitted to this Web
site are not immediately viewable. When you submit a comment, the
system receives it immediately. However, the comment will not be
publicly viewable until we post it, which might not occur until several
days after submission.
Information and materials we receive, as well as supporting
documentation we used in preparing this rule, will be available for
public inspection on http://www.regulations.gov, or by appointment
during normal business hours, at the U.S. Fish and Wildlife Service,
Jacksonville Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT section).
Peer Review
In accordance with our policy on peer review, published on July 1,
1994 (59 FR 34270), we will provide copies of this proposed rule to
three or more appropriate and independent specialists in order to
solicit comments on the scientific data and assumptions underlying this
proposed establishment of a manatee refuge. The purpose of such review
is to ensure that the proposed rule is based on the best scientific
information available. We will invite these peer reviewers to comment
during the public comment period and will consider their comments and
information on this proposed rule during preparation of a final
determination.
We will consider all comments and information received from peer
reviewers and other commenters during the 60-day comment period on this
proposed rule in preparing a final rulemaking. Accordingly, the final
decision may differ from this proposal.
Public Hearing
We have scheduled a formal public hearing to afford the general
public and all interested parties with an opportunity to make formal
oral comments on the proposed Federal manatee protection area.
We will hold the public hearing at the location listed in ADDRESSES
on the date listed in DATES. The public hearing will last from 7 p.m.
to 9 p.m. We will hold a public informational open house prior to the
hearing from 5:30 p.m. to 6:30 p.m. to provide an additional
opportunity for the public to gain information and ask questions about
the proposed rule. This open house session should assist interested
parties in preparing substantive comments on the proposed rule.
Persons needing reasonable accommodations in order to attend and
participate in the public hearing should contact Chuck Underwood of the
Jacksonville Field Office at 904-731-3332 or via e-mail to
manatee@fws.gov, as soon as possible. In order to allow sufficient time
to process requests, please contact us for assistance no later than one
week before the hearing.
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Written comments submitted during the comment period receive equal
consideration with comments presented at a public hearing. All comments
we receive at the public hearing, both verbal and written, will be
considered in making our final decision.
Background
Previous Federal Actions
The West Indian manatee (Trichechus manatus) was listed as an
endangered species on June 2, 1970 (35 FR 8491) under the Endangered
Species Conservation Act of 1969 and this status was retained 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.). On October 22, 1979, the U.S. Fish and Wildlife
Service (Service) adopted a regulatory process to provide a means for
establishing manatee protection areas in waters under the jurisdiction
of the United States where manatees were taken by waterborne activities
(44 FR 60964). The first manatee protection areas were designated in
Kings Bay on November 12, 1980, for the purpose of preventing the take
of manatees by harassment from waterborne activities and included the
Banana Island Sanctuary, the Sunset Shores Sanctuary, and the Magnolia
Springs Sanctuary (45 FR 74880). The Service subsequently designated
four additional manatee protection areas in Kings Bay on June 13, 1994
and on October 16, 1998 (including the Buzzard Island Sanctuary, a
sanctuary located along the north shore of Banana Island, the Warden
Key Sanctuary, and the Three Sisters Springs Sanctuary, respectively)
(59 FR 24654, and 63 FR 55553). To prevent the imminent take of
manatees by waterborne activities, we published an emergency rule
establishing the Kings Bay Manatee Refuge in Citrus County, Florida on
November 9, 2010 (75 FR 68719). The Service now proposes to establish
the Kings Bay Manatee Refuge throughout Kings Bay, while maintaining
the 7 existing Manatee Sanctuaries in the bay.
The West Indian manatee includes two subspecies: The Florida
manatee (Trichechus manatus latirostris) and the Antillean manatee
(Trichechus manatus manatus). Florida manatees can be found throughout
the southeastern United States, with Florida at the core of its range.
Extensive efforts are ongoing by the Service and the Florida Fish and
Wildlife Conservation Commission (Commission or FWC) to recover this
species. In particular, significant efforts are made to minimize human-
related threats and to attempt to prevent the number of manatees taken
by human activities.
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. Take is further defined in 50 CFR 18.3 to include,
without limitation, any of the following: The collection of dead
animals or parts thereof; the restraint or detention of a marine
mammal, no matter how temporary; tagging a marine mammal; or the
negligent or intentional operation of an aircraft or vessel, or the
doing of any other negligent or intentional act which results in the
disturbing or molesting of a 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 (Level A); 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 (Level
B). All takings, including takings by harassment, are prohibited.
The primary human-related causes of death and injury to manatees
rangewide include watercraft-related strikes (impacts and/or propeller
strikes), entrapment and/or crushing in water control structures
(gates, locks, etc.), and entanglement in fishing lines, crab pot
lines, etc. A 2005 analysis concluded that watercraft-related mortality
was the leading cause of death for manatees throughout Florida (MPSWG
2005, p. 5). A subsequent threats analysis concluded that watercraft
strikes and the potential loss of warm-water habitat pose the greatest
threats to the Florida manatee population (Runge et al. 2007, p. 17).
The Service can prevent the taking of one or more manatees 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
restrictions or prohibitions 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 would take one
or more manatees; or (2) certain waterborne activities must be
restricted 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 would result
in the taking of one or more manatees, including but not limited to a
taking by harassment (50 CFR 17.102).
Kings Bay
The Florida manatee's range includes Kings Bay, Florida. Kings Bay
is a large embayment located at the headwaters of the Crystal River, a
tidal river, located on Florida's west coast. Springs are the primary
water source for this estuarine system; a recent report describes 70
springs that discharge warm artesian water into Kings Bay (Vanasse,
Hangen, and Brustlin, Inc., 2010, p. 1). Kings Bay is located within
the City of Crystal River's city limits, in Citrus County, Florida.
Citrus County and the City of Crystal River are an integral part of
``Florida's Nature Coast'', a northwest Florida region marketed for
outdoor recreational opportunities, including opportunities for viewing
manatees (Nature Coast Coalition 2010 Web site). In addition to viewing
manatees, area recreationists engage in snorkeling and diving, boating,
canoeing and kayaking, fishing, waterskiing, and other activities (Gold
2008, pps. 4-5). Local eco-tour operators, dive shops, marinas, hotels
and motels, restaurants, and other businesses benefit from these
activities (Buckingham 1990, p. 6).
The Kings Bay springs constitute one of the most important natural
warm-water refuges for manatees. Manatees have historically been
attracted to the warm, spring-fed waters in Kings Bay where they
retreat from the cold during the winter. More recently, manatees have
begun to use this area during the warm summer months as well. Wintering
manatees have been the focus of a manatee viewing industry for many
years, and bay waters are widely used by commercial and recreational
waterway users for a variety of activities throughout the year.
Manatees are struck and killed or injured by boats operating in Kings
Bay. Manatees are
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harassed by the viewing public. The number of manatees struck and
killed by boats in Kings Bay is increasing, as are the number of public
reports of acts of manatee harassment.
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 prohibited 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 (SUPs) for commercial
and retail activities that occur on NWR property. National Wildlife
Refuges are Service-owned or managed lands that are managed to broadly
conserve, manage, and restore fish, wildlife, and plant resources and
their habitats. The Banana Island Manatee Sanctuary, designated under
50 CFR 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 must obtain SUPs 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.
Watercraft associated with recreational and commercial activities
strike and kill manatees. In the State's northwest region, where Kings
Bay is located, adult manatee mortality is almost equally split between
human-related and natural causes, with watercraft collisions being the
leading source of human-caused mortality. From 1974 through 2010,
collisions with watercraft killed 16 manatees in Kings Bay. Eleven of
these deaths occurred between 2003 and 2010, including seven that
occurred during the summer.
Manatee viewing activities provide a significant source of revenue
to the local economy (Buckingham 1990, p. 6). Local eco-tour businesses
bring visitors out to Kings Bay where visitors view manatees while in
the water, from boats, and from other vantage points. Some manatees
initiate encounters with visitors, but most manatees avoid or ignore
encounters with people, preferring to frequent manatee sanctuaries
where all human activities are prohibited. Some manatees are harassed
by visitors, despite the fact that all forms of harassment are
prohibited by law.
Hartman (1979, pp. 128-131) was the first to observe and describe
how manatees respond to the presence of people in the water, observing
that most manatees tended to avoid people, some ignored people, a few
approached people with curiosity and then left, and some approached and
solicited interactions with people. These observations were made in
Kings Bay's warm water springs and the author correlated a reduction in
the number of manatees using the Main Spring with an increasing number
of people (Hartman 1979, p. 131). Concern has been expressed about
manatees displaced from warm water springs for prolonged periods of
time; prolonged exposure to cold can be fatal to manatees, especially
for smaller animals (O'Shea 1995, p. 304). Hartman (1979, p. 126)
believed that manatees in Kings Bay are harassed by people in the water
and by boats.
Researchers have observed and documented manatee responses to
people and boats (Sorice et al. 2003, p. 324). Researchers noted
increases in swimming, milling, and cavorting behaviors and decreases
in resting, feeding, and nursing behaviors in the presence of
increasing numbers of people and boats (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 people 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. Manatee survival rates in
the northwest region are among the highest in Florida (FWC FWRI Manatee
Mortality Database 2010 Web site; Runge et al. 2007, p. 20).
Observations of manatee harassment in Kings Bay prompted the
Service to promulgate a rule in 1979 that allowed the agency to
designate manatee protection areas where certain waterborne activities,
including boating and swimming, could be prohibited in order to
``reduce the incidence of manatee injuries and deaths'' and to ``lessen
the likelihood that manatees will encounter boats and people'' (44 FR
60964). Subsequently, three manatee sanctuaries were designated in
Kings Bay in 1980 (45 FR 74880; November 12, 1980) and, in 1983, the
Service purchased lands in and around Kings Bay and established the
Crystal River NWR for the purpose of protecting manatees and to educate
the public about manatees.
In 1994, citing a doubling of the number of manatees in the area
since 1980, a large increase in the number of visitors, the inability
of the existing sanctuaries to provide sufficient shelter for manatees,
and reports of increasing manatee harassment, the Service designated
three additional sanctuaries in Kings Bay to prevent the take of
manatees by harassment (59 FR 24654; May 12, 1994). This expansion was
followed by the addition of another sanctuary in 1998, similarly
justified by reports of increasing harassment and observations of
increasing numbers of manatees, increasing numbers of recreational
divers and snorkelers, and insufficient space for manatees to rest,
free from harassment (63 FR 55553; October 16, 1998: See table 1.).
Table 1--Information justifying previous manatee sanctuary designations in Kings Bay, Florida.
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Approximate Number of
Date of Kings Bay manatee sanctuary number of Estimated number of people viewing sanctuary
designations manatees using manatees designations
Kings Bay NEW (TOTAL)
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November 12, 1980 (45 FR 74880)......... 100 30,000 to 40,000...................... 3(3)
May 12, 1994 (59 FR 24654).............. 240 60,000 to 80,000...................... 3(6)
October 16, 1998 (63 FR 55553).......... 250 100,000............................... 1(7)
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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. This network was designed to prevent the take of
manatees by waterborne
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activities, including but not limited to, boating and manatee viewing
activities, and was established to allow manatees to continue to gain
access to critical warm-water areas and important resting and foraging
areas. During the manatee season, the 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)).
The seven Federal sanctuaries are located at heavily-used winter,
warm-water sites (springs) and foraging areas and preclude all
waterborne activities within their boundaries, preventing take from
both boating and manatee viewing within these areas. The State
protection zones include year-round idle and slow speed zones that
prevent the take of manatees from high speed watercraft collisions.
Given the State's statutory responsibilities for balancing the needs of
manatees with the needs of the boating community, the State designated
a 35 MPH (daytime)/25 MPH (nighttime) watersports area in Kings Bay.
This area encircles Buzzard Island in the center of the bay.
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 waterborne activities, including boating, manatee
viewing activities, and others, to avoid taking manatees.
Current
Similar to previous circumstances that warranted increases in the
level of protection for manatees in Kings Bay, the number of manatees
using Kings Bay more than doubled since 1998 (from 250 animals to 566
animals) (Kleen 2010, pers. com.); the number of residents, visitors,
and boats increased; and the amount of space in the existing
sanctuaries became insufficient to provide this number of manatees with
shelter free from harassment. In addition, the number of manatees
struck and killed by boats in Kings Bay has increased since 2002, when
the watersports area was created.
The manatee population in northwest Florida 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). Consistent with this rate of
increase, the number of manatees counted in the region has increased,
as well. Aerial counts were first conducted during the winter of 1983-
1984, when 142 manatees were sighted in Citrus County; 124 of these
animals were sighted in Kings Bay and Crystal River. In January 2010,
Crystal River NWR researchers counted 646 manatees in Citrus County's
coastal waters, including 566 manatees in Kings Bay. This is the
highest number of manatees ever counted in this region and in Kings Bay
(Kleen 2010, pers. com.). Aerial observations of manatees in Kings Bay
during especially cold periods include sightings of manatees within the
sanctuary areas and in lesser springs. In recent years, dozens of
manatees are seen sheltering just outside of the sanctuary boundaries
because the sanctuaries are overcrowded. Some animals shelter in some
of Kings Bay's smaller, unprotected springs, including House Spring,
Jurassic Spring, and an unnamed spring just east of the mouth of Three
Sisters Springs run. As many as 20 animals have been seen in each of
these sites on particularly cold days (Kleen 2010, pers. com.).
The number of Citrus County residents increased by 19.8 percent (an
average annual growth rate of 2.5 percent per year), from 118,085 to
141,416, between 2000 and 2008 (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 at an
average annual growth rate of 4.0 percent per year. In 2009, there were
17,601 boats registered in Citrus County, 4,675 more than the 12,926
vessels registered there in 2000 (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, pgs. 4-5).
From 1974 through 2010, collisions with watercraft killed 60
manatees in Citrus County waterways, including 16 manatees in Kings
Bay. Thirteen of the 16 Kings Bay watercraft-related deaths occurred
within the past 10 years. In 2008, FWC recorded the highest number (8)
of manatees ever killed by watercraft in Citrus County and three of
these carcasses were recovered in Kings Bay (FWC FWRI Manatee Mortality
Database 2010 Web site).
While watercraft-related deaths occur throughout the year in Citrus
County, 7 of the 16 watercraft-related deaths that occurred in Kings
Bay took place during those times of the year when the watersports area
designated by the State of Florida in 2002 is in effect (May 1 to
August 30). Three of these carcasses were recovered within the
watersports area. Two deaths are known to have occurred after 2002
within the watersports area. In May 2004, observers witnessed a boat
striking a manatee in the watersports area; a carcass was recovered
nearby the following day. In July 2007, a severely-injured manatee was
observed in the watersports area; the animal died before it could be
rescued. Its carcass was recovered on-site and it was determined to
have died from acute propeller lacerations (FWC FWRI Manatee Mortality
Database 2010 Web site).
Every year, manatees are entangled in fishing lines, float lines,
mooring lines, and other types of gear. In extreme cases, entangled
manatees can die when entangling gear cuts into their hide, causing
sepsis and the occasional loss of limbs. Many entangled animals are
rescued. In cases when animals are superficially entangled, entangling
gear is removed and the animals are released on-site. In more severe
cases, manatees are transported to rehabilitation facilities where they
are treated for injuries and infections associated with entanglements.
There are 30 known cases of manatee entanglements from Citrus County,
including 10 from Kings Bay. Fourteen of these cases include manatees
entangled in crab pot float lines, including four from Kings Bay. The
remaining cases from Kings Bay include four from fishing lines and two
from mooring lines. County-wide records of entanglements include 24
rescues and 4 deaths. More than half of these are known to have
occurred during the past 15 years (U.S. Fish and Wildlife Service
Manatee Rescue Rehabilitation and Release Program entanglements unpubl.
data).
Manatee harassment, largely associated with wintertime manatee
viewing activities, occurs in Kings Bay, and a variety of methods are
being used to help prevent and minimize harassment from occurring. The
Service, State, nongovernment organizations, and private companies
prepare and distribute outreach materials to manatee-viewing
recreationists to familiarize them with best practices to
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follow when in the water with manatees. Best practices include the
``Manatee Viewing Guidelines,'' developed by the Service and partners.
Outreach materials include, among other things, handouts, kiosks,
signs, and videos. The Crystal River NWR developed ``Manatee Manners,''
a video that dive shops and kayak outfitters are required to show their
customers before they enter Kings Bay. These businesses take visitors
to see manatees in Kings Bay, including on refuge-owned land. As
commercial interests conducting business on Crystal River Refuge-owned
land, they are required to obtain SUPs, which are conditioned to insure
that the permittees and their designees do not take manatees. Crystal
River NWR also maintains a visitor center where guests are provided
with outreach materials. The Crystal River Refuge's ``Manatee Watch''
volunteer network places volunteers in kayaks near the sanctuaries to
educate visitors and report infractions when they occur.
Federal regulations include 50 CFR 17.100--108, which provide for
enforcement of manatee protection measures, and State regulations
include provisions of the State's Florida Manatee Sanctuary Act as
codified in 68 C--22 of the Florida Administrative Code. State and
Federal officers have been cross-deputized and can enforce both State
and Federal regulations. The Service, State, and other law enforcement
agencies actively enforce harassment regulations in Citrus County and
in Kings Bay. Cited acts of harassment include trespass by manatee-
viewing individuals into manatee sanctuaries where the Service has
determined that any waterborne activity occurring within these areas
would result in take of manatees, including but not limited to take by
harassment. 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. 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.
State violations include boaters traveling at speeds in excess of those
described by law within specific areas.
Given variations in enforcement practices and recordkeeping
systems, these records are not used to describe trends in harassment
activity.
Summary
Based on current and historical data that document increasing
numbers of manatees, waterway users, watercraft-related manatee deaths
and injuries, and reports of manatee harassment in Kings Bay, we
conclude that the take of manatees is occurring and increasing in this
area. Sources of information include U.S. Geological Survey, the FWC,
manatee experts, the public, and peer-reviewed literature. Future take
would occur without additional protection measures; and we do not
anticipate any alternative protection measures being enacted by other
agencies in sufficient time to reduce the likelihood of take. For these
reasons, we believe the establishment of an additional manatee
protection area is needed to prevent the take of manatees. The proposed
manatee refuge covers the same geographical area as defined by the
November 9, 2010, emergency rule (75 FR 68719).
Proposal
To prevent the take of manatees, the Service and the State of
Florida have designated a network of manatee protection areas at sites
throughout Florida where threats to manatees have been well-documented
and where manatees are known to frequently occur. This network supports
our goal of providing areas of protected habitat throughout peninsular
Florida, adequate to satisfy the biological needs of the species. We
propose to enhance this network by establishing an additional manatee
protection area, i.e., a manatee refuge, in Kings Bay, a waterbody
located in Crystal River, Citrus County, Florida.
Under the proposed manatee refuge designation, refuge restrictions
would improve the Service's ability to address takings associated with
watercraft and with manatee viewing activities. Restrictions would
require all watercraft to operate at slow speed throughout Kings Bay,
except in those areas where more restrictive measures are in place
(idle speed zones, no entry areas, and sanctuaries), to reduce the
number of watercraft-related deaths and injuries occurring in Kings
Bay. Harassment associated with manatee viewing can be controlled
through the establishment of no-entry areas not to exceed specified
distances around existing manatee sanctuaries, the designation of no-
entry areas at lesser springs when needed, and the identification of
manatee refuge-specific prohibitions.
Proposed Kings Bay Manatee Refuge
Location
The Service proposes to designate the waters of Kings Bay as a
manatee refuge. These waters include that 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). See Map ``Kings Bay Manatee Refuge''
The proposed manatee refuge encompasses seven existing Federal
manatee sanctuaries, described in 50 CFR 17.108: the Banana Island
Sanctuary (aka the King Spring Sanctuary), the Sunset Shores Sanctuary,
the Magnolia Springs Sanctuary (including Gator Hole), the Buzzard
Island Sanctuary, a sanctuary located along the north shore of Banana
Island, the Warden Key Sanctuary, and the Three Sisters Springs
Sanctuary. The existing sanctuaries are in effect from November 15 to
March 31 (the manatee season). The proposed manatee refuge measures
would be in effect in Kings Bay as described below.
Manatee Refuge Measures
The proposed manatee refuge measures, described in more detail
below, include:
Maintaining the 7 existing manatee sanctuaries where all
waterborne activities are prohibited November 15-March 31;
Restricting boat speeds throughout the refuge at all
times;
13 specifically prohibited activities throughout the
manatee refuge at all times;
Requiring manatee-safe fishing lines, float lines, and
mooring lines at all times;
Temporary `no-entry' areas adjacent to existing
sanctuaries and several additional springs during the manatee season
(November 15-March 31;
Temporary `no-entry' areas prior to or after the manatee
season during unusual cold events; and,
Limited exceptions for adjoining property owners and their
designees.
Existing Manatee Sanctuaries
All 7 currently existing manatee sanctuaries in Kings Bay, where
all waterborne activities are prohibited November 15-March 31, will
remain in effect.
Boat Speeds
To prevent the take of one or more manatees killed and injured by
high-speed watercraft, we propose to restrict boat speeds in Kings Bay
to slow speed
[[Page 36499]]
throughout the year except in those areas where more restrictive
measures are in place. Within the Kings Bay Manatee Refuge, all
watercraft would be required to operate at slow speeds throughout Kings
Bay, except in those areas with more restrictive measures such as idle
speed zones, no-entry areas, and sanctuaries. Slow speed is defined as
the speed at which a boat is fully off plane and completely settled in
the water. By slowing all boats down within this area, collisions with
manatees in Kings Bay can be prevented.
Manatee Viewing and Other Waterborne Activities
To prevent the take of one or more manatees associated with manatee
viewing and other waterborne activities, we specify prohibitions that
would be in effect throughout the year. Pursuant to the ESA and MMPA,
all takings, including takings by harassment, are prohibited throughout
the year, wherever they may occur. In regard to these prohibited
activities, we consider a resting manatee to be a mostly motionless
manatee on the water bottom, in the water column, or on the water's
surface that rises to the surface to breathe. While resting, a manatee
may make minor changes in its posture and may slightly shift its
position. Minor changes in posture occur when manatees breathe or roll.
Resting manatees may also make slight movements with their flippers or
tail to compensate for draft, etc. (Hartman 1979, pp. 82-84). To
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
activities:
(i) Chasing or pursuing a manatee(s).
(ii) Disturbing or touching a resting or feeding manatee(s).
(iii) Diving from the surface onto resting or feeding manatee(s).
(iv) Cornering or surrounding or attempting to corner or surround a
manatee(s).
(v) Riding, holding, grabbing, or pinching or attempting to ride,
hold, grab, or pinch a manatee(s).
(vi) Poking, prodding, or stabbing or attempting to poke, prod, or
stab a manatee(s) with anything, including your hands and feet.
(vii) Standing on or attempting to stand on a manatee(s).
(viii) Separating a mother and calf or attempting to separate a
mother and calf.
(ix) Separating a manatee(s) from a group or attempting to separate
a manatee(s) from a group.
(x) Giving a manatee(s) anything to eat or drink or attempting to
give a manatee(s) anything to eat or drink.
(xi) Actively initiating contact with a belted and/or tagged
manatee(s) and associated gear, including any belts, harnesses,
tracking devices, or antennae.
(xii) Interfering with rescue and research activities.
(xiii) Using mooring and float lines that can entangle manatees.
In addition, the following waterborne activities are prohibited
within Three Sisters Springs from November 15 through March 31:
a. Entering Three Sisters Springs between 6 p.m. and 7 a.m.
b. Scuba diving.
c. Fishing, including but not limited to fishing by hook and line,
by cast net, and by spear.
Fishing Lines, Float Lines, Mooring Lines, and Other Types of Gear in
Kings Bay
To prevent one or more manatees from becoming entangled in fishing
lines, float lines, mooring lines, and other types of gear in Kings
Bay, we propose to require the use of manatee-safe lines and other
measures to prevent take from occurring throughout the year. Within
Kings Bay, users of float lines, mooring lines, and other types of
entangling gear would be required to use manatee-safe lines and
practices that would prevent one or more manatees from being entangled,
injured, or killed in this type of gear (refer to the list of
prohibited activities above). Manatee-safe lines are lines that do not
entangle manatees. Manatee-safe lines include stiffened lines and lines
that, when in use, are kept taut and unable to entangle manatees.
Examples include, but are not limited to, lines that incorporate
stiffeners such as wire, lines enclosed in hose or PVC, and others.
Lines should not be discarded in Kings Bay where they can continue to
pose a threat to manatees. Monofilament recycling programs and the
State of Florida's derelict crab pot removal program provide additional
means for reducing the number of lines discarded in this area.
Temporary No-Entry Areas (November 15 Through March 31)
To insure sufficient space within the Kings Bay Manatee Refuge for
manatees to shelter, rest, and feed, free from harassment both in the
vicinity of the existing sanctuaries and at House Spring, Jurassic
Spring, and Idiot's Delight Number 2 Spring, we propose to create
temporary no-entry areas during the manatee season (between November 15
and March 31). Pursuant to Subpart J, all waterborne activities would
continue to be prohibited within existing Federal manatee sanctuaries.
Because there is insufficient space in the existing sanctuaries for all
manatees that use Kings Bay to shelter, rest, and feed, free from
harassment, we propose to create temporary no-entry areas outside of
and adjacent to the existing sanctuaries to insure adequate room for
manatees wanting to access these sites when space is needed. We also
propose to create no-entry areas around House Spring, Jurassic Spring,
and Idiot's Delight Number 2 Spring when these springs are occupied by
manatees in need of shelter free from harassment. By providing manatees
with additional space in areas where all waterborne activities are
prohibited, we can prevent take of manatees in these areas from manatee
viewing and other waterborne activities.
Temporary No-Entry Areas (April 1 Through November 14)
To prevent the take of manatees sheltering in Kings Bay from cold
weather that occurs outside of the manatee season (November 15 to March
31), temporary no-entry areas may be proposed and put in effect during
early onset and protracted cold weather events that occur outside of
the manatee season. Manatees that appear in Kings Bay during cold
fronts that pre-date the start of the manatee season are especially
vulnerable to harassment because none of the sanctuaries and no entry
areas are in effect prior to November 15. Similarly, none of these
measures are in effect after March 31, during those times when cold
weather continues beyond this period of time. In April 2010, the
Service asked the public to voluntarily stay out of existing manatee
sanctuaries after the close of the manatee season due to protracted
cold weather and the continued presence of manatees at these sites.
While the public generally complied with the request, some people did
not and manatees were harassed.
By designating temporary no-entry areas prior to November 15 and
after March 31 during cold fronts when manatees are present, manatee
harassment that could occur during these times can be prevented.
Designations would remain in effect for the duration of a cold front
and only when manatees are present; manatee presence at warm-water
sites during unseasonal cold events typically lasts for several days or
less. Temporary designations would remain in effect for no longer than
14 days.
[[Page 36500]]
Exceptions for Adjoining Property Owners and Their Designees
Property owners and their designees (including but not limited to
guests and contractors) who own property that adjoins designated no-
entry areas would continue to be able to access their property by
obtaining an exception from the Crystal River NWR that would allow them
to operate boats within the adjoining no-entry area for purposes of
access and property maintenance. The Crystal River NWR would continue
to provide adjoining property owners and their designees with a sticker
or letter of authorization that identifies their boats as authorized to
access no-entry areas. Boats owned by excepted owners would be required
to be marked by stickers and would be required to operate within
designated areas at idle speed. Designees with a letter of
authorization would be required to have a copy of the letter in their
possession while operating within a designated area and would be
required to operate at idle speed.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To help
us revise the rule, your comments should be as specific as possible.
For example, you should tell us the numbers of the sections or
paragraphs that are unclearly written, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Required Determinations
Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, this
proposed rule is not a significant regulatory action. The Office of
Management and Budget makes the final determination under Executive
Order 12866.
a. This proposed rule would not have an annual economic impact of
over $100 million or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. A cost-benefit
analysis is not required. It is not expected that significant economic
impact would result from the establishment of a manatee refuge
(approximately 530 acres) in Citrus County in the State of Florida.
b. This proposed rule, if implemented, would not create
inconsistencies with other agency actions. The proposed rule is
consistent with and complimentary to other existing agency actions.
Existing agency actions currently in effect in Kings Bay include
manatee protection areas. The proposed rule is based on the authorities
used to create these areas and enhances the ability of these locally
accepted designations to protect manatees from harassment and
watercraft collisions.
c. This proposed rule would not materially affect entitlements,
grants, user fees, loan programs, or the rights and obligations of
their recipients. Minimal restrictions to existing human uses of the
proposed site would result from this proposed rule, but the
restrictions are believed to enhance manatee viewing opportunities. No
entitlements, grants, user fees, loan programs, or rights and
obligations of their recipients are expected to occur.
d. This proposed rule would not raise novel legal or policy issues.
We have previously established other manatee protection areas.
The purpose of this proposed rule is to establish a manatee
protection area in Citrus County, Florida. The area includes the waters
of Kings Bay and connecting waters and tributaries, upstream of the
confluence of the Crystal River and Kings Bay. We are proposing to
prevent the taking of one or more manatees by managing human activities
in this area. The refuge would incorporate an existing network of
Federal manatee sanctuaries. Affected waterborne activities would
include swimming, diving (including skin and scuba diving), snorkeling,
water skiing, surfing (including wind surfing), fishing, and the use of
watercraft and other vessels. This rule could result in impacts to
manatee viewing activities, recreational boaters, commercial charter
boats, and commercial fishermen, primarily in the form of additional
restrictions on manatee viewing activities and boat speed restrictions
in specific areas. The Service could experience increased
administrative costs due to this proposed rule. In addition, the rule
would be expected to produce economic benefits for some parties as a
result of increased manatee protection and decreased boat speeds within
the area of the manatee refuge.
Regulatory impact analyses require the comparison of expected costs
and benefits of the proposed rule against a baseline, which typically
reflects the regulatory requirements in existence prior to the
rulemaking. For purposes of this analysis, the baseline assumes that
the Service takes no additional regulatory actions to protect the
manatee. In fact, even with no further activity by the Service, an
extensive system of manatee protection areas is already in place within
the area of the proposed manatee refuge. As discussed below, in the
regulatory impact analysis where we compare expected costs and benefits
of the proposed changes, the economic impact of establishing this
manatee refuge is not expected to be significant.
The economic impacts of this proposed rule are due to changes
within the proposed manatee refuge area. Proposed restrictions
associated with a newly designated manatee refuge would require all
watercraft to operate at slow or idle speeds outside of the no-entry
areas, as posted, to further minimize the number of watercraft-related
manatee deaths and injuries occurring in Kings Bay. Harassment
associated with manatee viewing activities would be controlled through
the ability to designate temporary no-entry areas, enforce regulatory
prohibitions, and an education program that addresses all individuals
engaged in manatee viewing activities throughout the bay.
In order to gauge the economic effect of this proposed rule, both
benefits and costs must be considered. Potential economic benefits
related to this proposed rule include: Increased manatee protection and
tourism related to manatee viewing, increased property values,
increased boater safety, increased swimmer safety, improved fisheries
health, and decreased shoreline maintenance costs. Potential economic
costs are related to increased administrative activities related to
implementing the rule and restrictions on certain waterborne
activities. Economic costs would be measured primarily by the number of
recreationists who use alternative sites for their activity or have a
reduced quality of the waterborne activity experience in the designated
manatee refuge. In addition, there may be some impact on commercial
fishing because of the need to maintain slower speeds. While the State
of Florida has over 7.5 million acres of waterways, this proposed rule
would affect only 530 acres of the State's waterways and these 530
acres are currently regulated to
[[Page 36501]]
protect manatees. The proposed rule increases this protection by:
Allowing for a limited expansion of existing sanctuary boundaries;
establishing the ability to temporarily designate three discrete no
entry areas; creating a discrete, 4-month-long, restricted slow-speed
area within existing slow and idle speed areas; and by specifically
prohibiting actions known to harass manatees. As detailed below,
designation of this manatee refuge as proposed in this rule is not
expected to affect enough waterborne activity to create a significant
economic impact (that is, the rule would not have an annual impact of
over $100 million).
Economic Benefits
We believe that the proposed establishment of Kings Bay Manatee
Refuge would increase the level of manatee protection in these areas.
Improved protection for the manatee may result in direct economic
benefits by insuring the continued, local presence of viewable manatees
and insuring the continued existence of the manatee viewing industry.
Indirect benefits include the protection of private and publicly owned
shorelines from high-speed wakes, the protection of aquatic vegetation
from losses due to excessive turbidity caused by high-speed boat
traffic, increased property values, and reductions in high-speed
boating-related human deaths and injuries.
The public's support for manatees and their protection has been
examined through contingent value studies (Bendle and Bell 1995, pp. 8-
17; Fishkind and Associates 1993, pp. 5-11). These economic studies
characterized the value placed by the public on this resource and
determined that the public's willingness to pay for manatee protection
is significant and that public support for manatee protection
regulations in general, such as that described in the proposed rule,
exists.
Bendle and Bell (1995, p. ii) conducted a representative survey of
Florida residents in general (through random sample) and attempted to
answer the question, ``How much are Florida residents willing to pay to
cover the costs associated with protecting the manatee?'' In 1993
dollars, efforts to protect the manatee population as a whole were
valued at an estimated $2.6 billion or $14.78 per household (or $4.03
billion or $22.91 per household, when adjusted to reflect 2011 monetary
values). Based on surveys of north Florida residents, Fishkind and
Associates (1993, p. 11) estimated that adult Florida residents would
be willing to pay $30 per year in 1992 dollars (or $47.70 per year when
adjusted to reflect 2011 monetary values) to help compensate for the
adverse economic effects, if any, of protecting the manatee population
(Fishkind and Associates 1993, pp. 28-30).
It is difficult to apply the results of these studies to the
proposed rule, because neither study measures an impact similar to that
associated with this rulemaking, which applies only to the Kings Bay
area. For example, the Fishkind and Associates study (1993, p. 1) was
designed to gauge the economic impact of the Florida Manatee Sanctuary
Act. First, the estimates of economic benefit were predicated on a
different baseline in terms of both the manatee population being
protected at that time versus now, and the regulatory conditions, such
as manatee protection areas, that were in existence at the time.
Second, this study is not clear about the type and extent of manatee
protection; it does not clearly state if protection refers solely to
the designation of manatee protection areas or if protection is
interpreted to include implementation and enforcement of protection
measures. The study also does not clearly state whether residents are
willing to pay for manatee protection within a specific region or for
manatee protection throughout the State of Florida. While neither of
these studies is specific enough to apply to this proposed rule, they
do provide an indication that the public confers substantial value on
the protection of manatees.
Another potential economic benefit is continued and increased
tourism that likely results from an increase in manatee protection.
Citrus County and Kings Bay are nationally and internationally
recognized as primary destinations for winter-time manatee viewing.
Surveys of visitors to Citrus County estimate that about half come to
enjoy water-based activities, including manatee viewing, snorkeling,
and diving (in order of preference) (Gold 2008, pp. 4-8). Hundreds of
thousands of individuals are believed to engage in these activities
each winter, and the number of participants is thought to be
increasing.
Visitors and local residents view manatees in Kings Bay from boats
or in the water on their own or through local eco-tour operators.
Visitors may pay eco-tour operators to equip them and take them out
onto Kings Bay to view manatees; vendors provide both in-water and on-
water experiences. In-water rentals include wetsuits, masks, snorkels,
and related gear. On-water rentals include canoe, kayak, and other
boat-type rentals. Other visitors travel to the area and engage in
manatee viewing activities using their own equipment, including boats
and other needed gear. Many visitors stay at local hotels and eat at
local restaurants. There are no reports or estimates of direct costs
and expenditures associated with manatee viewing.
While there is no information on the number of boats associated
with manatee viewing, including boats used by residents, boats
trailered to the area by visitors, boats used to transport eco-tour
clients, or boats leased to individuals watching manatees, a recent
evaluation on the impact of boating on Florida, Florida's North Central
Region, and Citrus County suggests that the overall economic impact of
manatee viewing is important (FWC 2009 Online Boating Economic Impact
Model Web site).
FWC's 2006 evaluation of Citrus County boating activities
documented 14,304 county-registered boats (13,283 power boats and 1,021
non-power boats, including 903 kayaks and canoes) and 402,029 boat days
in Citrus County waters. Over 60 percent of the boat trips taken by
these boats occurred in Citrus County. Local boat ramp infrastructure
emphasizes salt water destinations (calculated 2006 ramp lane
capacities provide access for 10,620 launches, including 8,883
saltwater launches and 1,737 freshwater launches). The economic
significance of Citrus County's registered boats and their activities
is estimated at $104,740,000 annually in 2006 dollars (or $116,261,400
when adjusted to reflect 2011 monetary values); $63,513,400 (or
$70,449,874 in 2011 monetary values) of this amount is spent on boat
trips, including $8,549,200 (or $9,489,612 in 2011 monetary values) on
lodging (14 percent) and $9,060,500 (or $10,057,155 in 2011 monetary
values) on food. The evaluation does not assess nonresident (or out-of-
state) boats. The fraction of county-registered boats used for manatee
viewing in Kings Bay is unknown, as is the number of boats trailered to
the area by visitors. As such, the contribution of boats used for
manatee viewing cannot be monetized or evaluated in terms of any
economic benefit likely to accrue from this rulemaking.
Businesses that benefit both directly and indirectly from manatee
viewing can be found in Department of Labor descriptions of Citrus
County industries. While these industry descriptions provide useful
information about numbers of businesses and the number of individuals
they employ, they do not describe the number of businesses and
[[Page 36502]]
individuals engaged directly or indirectly in manatee viewing. These
industries include: Leisure and hospitality businesses, professional
and business services; and trade, transportation, and utility
businesses. Through September 2010, there were 288 leisure and
hospitality establishments in Citrus County employing 3,294
individuals; 512 professional and business service establishments
employing 3,340 individuals; and 683 trade, transportation, and utility
establishments employing 7,330 individuals (U.S. Department of Labor
2011).
Improved protection for the manatee may result in an economic
benefit to these industries by insuring the continued local presence of
viewable manatees and insuring the continued existence of the manatee
viewing industry. However, the viability of the local manatee viewing
industry, as practiced by both commercial businesses and individuals,
is challenged by reported acts of manatee harassment associated with
these activities.
Florida waterfront property owners may benefit from manatee
protection areas such as the area described in this proposal. Bell and
McLean (1997, p. 1) studied the impact of posted manatee speed zones on
the property values of waterfront homes in Fort Lauderdale, Broward
County, Florida. The authors found a strong relationship between
property values and slow-speed zones, and found evidence that slow-
speed zones may have a positive impact on home sale price. Slow-speed
zones were found to correlate with as much as a 15- to 20-percent
increase in sale price. The authors speculated that speed zones may
increase property values by reducing noise and fast traffic, and by
making it easier for boats to enter and leave primary waterways. In the
proposed manatee refuge area, residential property owners may
experience these benefits.
In addition, due to reductions in boat wake associated with speed
zones, property owners may experience some economic benefits related to
decreased costs for maintenance and repair of shoreline stabilization
(i.e., seawalls along the water's edge). Similarly, the erosion of
shoreline vegetation and aquatic plant communities from boat wakes
would lessen, thus improving important fisheries habitat. Speed
reductions may also result in increased boater and swimmer safety.
These types of benefits cannot be quantified with available
information.
Based on previous studies, we believe that this rule would produce
some economic benefits. However, given the lack of information
available for estimating these benefits, the magnitude of these
benefits is unknown.
Economic Impacts
Affected Recreational Activities
For some waterway users, the loss of a local, high-speed
watersports area may reduce the quality of these activities or may
cause people to forgo the activities. The extra time needed to cross
additional slow and/or idle speed areas or to avoid ``no-entry'' areas
may inconvenience some recreationists. In this section, we examine the
waterborne activities taking place in the area and the extent to which
they may be affected by the designation of the proposed manatee refuge.
The resulting potential economic impacts are discussed below. Actual
impacts cannot be quantified, however, because an actual number of
recreationists using the site is not known.
In the proposed Kings Bay Manatee Refuge, affected waterborne
activities include traveling, cruising, waterskiing, personal
watercraft use, canoeing and kayaking, manatee viewing, snorkeling and
diving, and fishing. Based on a recent visitor study that relied on a
variety of survey mechanisms, the two most popular activities in Citrus
County were manatee viewing and snorkeling and diving (Gold 2008, pp.
4-8). Recreationists engaging in high-speed activities, including
waterskiing, use of personal watercraft, and other similar activities
would likely experience some impacts due to the proposed regulations;
individuals not engaged in high-speed-activities are unlikely to
experience much impact due to the proposed regulation.
Primary activities that would be affected by the designation of
year-round slow or idle speeds are those that involve high-speed
watercraft operations, including waterskiing, which take place between
May 1 and August 31 in the watersports area located in the center of
Kings Bay. The proposed regulation may cause some water skiers and
other recreationists to forgo high-speed activities here, or may reduce
the quality of their experience in the event that these recreationists
elect to waterski at less preferred alternative sites.
Without data describing the number of affected recreationists and
the number of trips that they make every year to the watersports area,
costs associated with the loss of this area are unknown. If this
information were available, we could estimate the impact of lost or
diminished skiing days given the value of a waterskiing day published
in the literature. One study by Bergstrom and Cordell (1991, p.67)
suggested the lost surplus value may be $ 46.75/day (adjusted to
reflect 2002 monetary values) for a day of waterskiing. They applied a
multicommunity, multisite travel cost model to estimate demand
equations for 37 outdoor recreational activities and trip values,
including waterskiing. The analysis was based on nationwide data from
the Public Area Recreational Visitors Study collected between 1985 and
1987 and several secondary sources.
Thomas and Stratis (2002, pgs. 30-32) evaluated the effect that
reductions in the number of available boating destinations had on
recreational boaters in Lee County. Reduced boat speeds at certain
sites precluded high-speed activities historically associated with
these sites, reducing the number of high-speed destinations available
to these boaters. Thomas and Stratis demonstrated that some
redistribution of boating trips did subsequently occur and concluded
that the reduction in boating destinations resulted in an annual
estimated loss per boater of $423.94 in 1996 dollars (or $597.97 when
adjusted to reflect 2011 dollar values). The study was conducted in Lee
County, not Citrus County, in 1996, and specific locations and 1996
values localize and date the results.
While studies demonstrate that recreationists can experience a
change in the quality of their waterborne experience when speeds are
restricted in historically high-speed boater destinations, not enough
data are available to estimate any losses in economic value that the
recreationists who use Kings Bay are likely to experience. However,
given that alternative sites are regionally available, economic impacts
are not expected to be significant.
Recreationists who transit the designated, summertime slow-speed
area would likely experience a diminished quality of the boating
experience due to the additional time needed to transit this area at
speeds slower than those historically present. These recreationists
likely include anglers traveling to downstream fishing sites, and the
additional transit times would affect the time that they have available
to fish. Lost fishing time could result in catch losses, thereby
diminishing the fishing experience. The number of these recreationists
and the number of trips that they make is unknown. As a result, the
economic cost
[[Page 36503]]
of this rulemaking on these individuals is unknown.
Affected Commercial Charter Boat Activities
Various types of charter boats use Citrus County waterways for
nature tours and other activities. The number of charter boats using
Kings Bay is unknown, and information on their origins and destinations
is lacking. However, many charter boats are used by renters to view
manatees, an activity that occurs within the refuge area. The refuge
designation is unlikely to cause a significant adverse impact to
businesses that provide boats for manatee viewing and may even benefit
them. Enhanced manatee protection measures should improve the viewing
experience and are likely to positively affect this industry. The extra
time required for commercial charter boats used for fishing to reach
fishing grounds could reduce onsite fishing time and could result in
fewer trips. Added travel time may affect the length of a trip, which
could result in fewer trips overall, creating a potential economic
impact.
Affected Commercial Fishing Activities
Local commercial fisheries may experience some impact due to the
proposed regulation. To the extent that the proposed regulation
establishes additional speed zones in commercial fishing areas, this
may increase transit times associated with the fishing activity,
affecting the efficiency of commercial fishing. Costs associated with
requirements for the use of manatee-safe float lines would likely
increase some fishing gear costs.
Crab boats would have to travel at slower speeds in some locations
between crab pots, thereby potentially reducing the number of crabs
landed on a daily basis. The speed limits may also slow transit speeds
between fishing grounds for both crab and mullet fishing boats. The
number of fishing boats operating and the amount of blue crab and
mullet landings occurring in areas that would be newly designated speed
zones under this proposed rule are unknown. Given this, the impact on
the commercial fishing industry cannot be quantified.
Crabbers fishing within the Kings Bay Manatee Refuge would need to
modify their gear to ensure that manatees do not become entangled in
crab pot float lines. The use of stiffened lines, including lines that
incorporate stiffeners (wire, lines enclosed in hose or PVC, etc.),
crab pot lines to reduce the number of float lines used (where crab
pots are strung together and single float lines are used to locate the
beginning and end of such a crab pot line), and other methods would
increase gear costs. However, the number of crabbers fishing in Kings
Bay is unknown, and the extent to which this would impact these users
is unknown.
The proposed designation would likely affect commercial fishermen
by way of added travel time, which may have an economic impact.
However, because added travel times are unlikely to exceed an
additional 30 minutes beyond existing travel times, it is unlikely that
the proposed rule would result in a significant economic impact on the
commercial fishing industry.
Agency Administrative Costs
Agency administrative costs would include costs associated with
signposting, enforcement, and some costs for education and outreach to
inform the public about new designations within the manatee refuge. The
proposed refuge would require nominal, additional signposting
activities; however, the number and location of signs needed to post
the proposed manatee refuge is not known. Similarly, additional law
enforcement and education and outreach needs are anticipated.
Associated administrative costs are unknown.
The designation of this manatee refuge would affect less than 530
acres of the State of Florida's 7.5 million acres of waterways and
would add restrictions to an already-restricted area to better protect
manatees. As a result, the rule would impact the quality of waterborne
activity experiences for some recreationists and may lead some
recreationists to forgo certain waterborne activities. While the
proposed rule would prohibit certain activities within the refuge area,
it does not prohibit recreationists from participating in similar
activities elsewhere. Alternative sites are available for all
waterborne activities that may be affected by this rule. The
inconvenience of having to go slower or choose alternative sites for
certain waterborne activities would likely have a regional economic
cost. While the level of economic benefits that may be attributable to
the manatee refuge is unknown (including benefits associated with
manatee viewing), these benefits would likely minimize any economic
impacts that may be associated with this rule. Given available
information, the net economic impact of designating this manatee refuge
is not expected to be significant (that is, it would not exceed $100
million per year).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996),
whenever a Federal agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions) (5 U.S.C. 601 et
seq.). However, no regulatory flexibility analysis is required if the
head of an agency certifies that the rule would not have a significant
economic impact on a substantial number of small entities. Thus, for a
regulatory flexibility analysis to be required, impacts must exceed a
threshold for ``significant impact'' and a threshold for a
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
would not have a significant economic impact on a substantial number of
small entities. This section presents a screening level analysis of the
potential effects of the proposed designation of a manatee protection
area on small entities. We certify that this rule would not have a
significant economic impact on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.
In order to determine whether the proposed rule would have a
significant economic impact on a substantial number of small entities,
we utilize available information on the industries most likely to be
affected by the designation of the manatee refuge. Small entities
likely affected by the proposed rule include entities whose businesses
support high-speed recreational boating activities and commercial
fishing. However, no current information is available on the specific
number of small entities that would potentially be affected. This
proposed rule would preclude high-speed activities from an existing
summertime water sports area and would add travel time to boating
recreationists and commercial activities having to travel through the
additional slow-speed zones. Because the only restrictions on
recreational activity result from displacement and added travel time
and alternative sites are available for all waterborne activities,
[[Page 36504]]
we believe that the economic impact on small entities resulting from
changes in recreational use patterns would not be significant. The
economic impacts on small businesses resulting from this proposed rule
are likely to be indirect effects related to reduced demand for goods
and services if recreationists choose to reduce their level of
participation in waterborne activities. Similarly, because the only
restrictions on commercial activity result from the inconvenience of
added travel time, we believe that any economic impact on small
commercial fishing or charter boat entities would not be significant.
Also, the indirect economic impact on small businesses that may result
from reduced demand for goods and services from commercial entities is
likely to be insignificant.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under 5 U.S.C. 804(2). This
proposed rule:
a. Does not have an annual effect on the economy of $100 million or
more. As shown above, this proposed rule may cause some inconvenience
in the form of displacement and added travel time for recreationists
and commercial fishing and charter boat businesses because of speed and
access restrictions in this manatee refuge, but it should not translate
into any significant business reductions for the many small businesses
in Citrus County. Since the only restrictions on recreational activity
would result from displacement and added travel time and alternative
sites are available for all waterborne activities, we believe that the
economic impact on small entities resulting from changes in
recreational use patterns would not be significant. The economic
impacts on small business resulting from this proposed rule are likely
to be indirect effects related to reduced demand for goods and services
if recreationists choose to reduce their level of participation in
waterborne activities. Similarly, because the only restrictions on
commercial activity result from the inconvenience of added travel time,
we believe that any economic impact on small commercial fishing or
charter boat entities would not be significant. Also, the indirect
economic impact on small businesses that may result from reduced demand
for goods and services from commercial entities is likely to be
insignificant.
b. Would not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. It is unlikely that there are
unforeseen changes in costs or prices for consumers stemming from this
proposed rule. The recreational charter boat and commercial fishing
industries may be affected by lower speed limits for some areas when
traveling to and from fishing grounds. However, this impact is likely
to be limited.
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. As
stated above, this proposed rule may generate some level of
inconvenience to recreationists due to displacement and added travel
time, but the resulting economic impacts are believed to be minor and
would not interfere with the normal operation of businesses in the
affected county. Added travel time to traverse some areas is not
expected to be a major factor that would impact business activity.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.):
a. This proposed rule would not significantly or uniquely affect
small governments. A Small Government Agency Plan is not required. The
designation of manatee refuges imposes no substantial new obligations
on State or local governments.
b. This proposed rule would not produce a Federal mandate of $100
million or greater in any year. As such, it is not a significant
regulatory action under the Unfunded Mandates Reform Act.
Takings
In accordance with Executive Order 12630, this proposed rule does
not have significant takings implications. A takings implication
assessment is not required. The proposed manatee protection area is
located over Federal-, State- or privately-owned submerged bottoms. Any
property owners in the vicinity would retain navigational access and
the ability to maintain their property.
Federalism
In accordance with Executive Order 13132, the proposed rule would
not have significant Federalism effects. A Federalism assessment is not
required. This proposed rule would not have substantial direct effects
on the State, on the relationship between the Federal Government and
the State, or on the distribution of power and responsibilities among
the various levels of government. We coordinated with the State of
Florida to the extent possible on the development of this proposed
rule.
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule would not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This proposed regulation does not contain new collections of
information that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq. The proposed regulation would not
impose new recordkeeping or reporting requirements on State or local
governments, individuals, businesses, or organizations. OMB has
reviewed and approved the information collection requirements
associated with special use permits and assigned OMB Control No. 1018-
0102. We may not conduct or sponsor and you are not required to respond
to a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
We have analyzed this proposed rule in accordance with the criteria
of the National Environmental Policy Act (42 U.S.C. 4321 et seq.). This
proposed rule does not constitute a major Federal action significantly
affecting the quality of the human environment. An environmental
assessment has been prepared and is available for review on-line at
http://www.regulations.gov (see ADDRESSES), or upon request (see FOR
MORE INFORMATION CONTACT).
Government-to-Government Relationship with Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175 and the Department
of the Interior's manual at 512 DM 2, we have evaluated possible
effects on Federally recognized Indian Tribes and have determined that
there would be no effects.
Energy Supply, Distribution, or Use
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this proposed
rule is not a significant
[[Page 36505]]
regulatory action under Executive Order 12866, and it would only
require vessels to proceed at slow or idle speeds or avoid no-entry
areas in 530 acres of waterways in Florida, it is not expected to
significantly affect energy supplies, distribution, and use. Therefore,
this action is not a significant energy action, and no Statement of
Energy Effects is required.
Data Quality Act
In developing this proposed rule, we did not conduct or use a
study, experiment, or survey requiring peer review under the Data
Quality Act (Pub. L. 106-554).
References Cited
For a list of the references cited in this rule, see Docket No.
FWS-R4-ES-2011-0079, available at http://www.regulations.gov.
Author
The primary author of this document is Jim Valade (see ADDRESSES).
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
record keeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
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.
2. Amend Sec. 17.104 by revising paragraph (b) to read as follows:
Sec. 17.104 Prohibitions.
* * * * *
(b) Manatee refuge. It is unlawful for any person within a
particular manatee refuge to engage in any waterborne activity which
has been specifically prohibited within that refuge, or to engage in
any waterborne activity in a manner contrary to that permitted by
regulation within that area. Any take of manatees under the Acts (see
Sec. 18.3 of this chapter for a definition of ``take'' in regard to
marine mammals), including take by harassment, is prohibited wherever
it may occur.
* * * * *
3. Amend Sec. 17.108 by:
a. In paragraph (a)(3), removing the period at the end of the
paragraph and adding in its place a comma and the words ``to be known
as the Magnolia Springs Manatee Sanctuary.'';
b. In paragraph (a)(4), removing the period at the end of the
paragraph and adding in its place a comma and the words ``to be known
as the Buzzard Island Manatee Sanctuary.'';
c. In paragraph (a)(5), removing the period at the end of the
paragraph and adding in its place a comma and the words ``to be known
as the Tarpon Springs Manatee Sanctuary.'';
d. In paragraph (a)(6), removing the period at the end of the
paragraph and adding in its place a comma and the words ``to be known
as the Warden Key Manatee Sanctuary.'';
e. Revising paragraph (b) to read as set forth below; and
f. Adding paragraph (c)(14) to read as set forth below:
Sec. 17.108 List of designated manatee protection areas.
* * * * *
(b) Exceptions. (1) Adjoining property owners, their guests,
employees, and their designees may engage in watercraft access and
property maintenance activities through manatee sanctuaries (set forth
in paragraphs (a)(1) through (a)(11) of this section) and designated
``no entry areas'' in the Kings Bay Manatee Refuge (set forth in
paragraph (c)(14) of this section). Use of sanctuary and no-entry area
waters is restricted to authorized individuals accessing adjoining
properties, storing watercraft, and maintaining property and waterways.
Maintenance activities include those actions necessary to maintain
property and waterways, subject to any Federal, State, and local
government permitting requirements.
(2) Authorized individuals must obtain a sticker or letter of
authorization from the Fish and Wildlife Service identifying them as
individuals authorized to enter no-entry areas that adjoin their
property. Stickers must be placed in a conspicuous location to readily
identify authorized watercraft. Individuals with a letter of
authorization must have a valid letter in their possession when
accessing no-entry areas.
(3) Authorized individuals must conduct any authorized boating
activity within these areas at idle or no-wake speeds.
* * * * *
(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) Area covered. The Kings Bay Manatee Refuge encompasses existing
manatee protection areas as described in paragraphs (a)(1) through
(a)(7) of this section, and areas outside these sections as depicted on
the map in paragraph (c)(14)(ii) of this section.
(ii) Particular areas. The following springs fall within the
boundaries of the Kings Bay Manatee Refuge. A map showing the entire
refuge, including these springs, follows:
BILLING CODE 4310-55-P
[[Page 36506]]
[GRAPHIC] [TIFF OMITTED] TP22JN11.066
BILLING CODE 4310-55-C
(A) Three Sisters Springs. A tract of submerged land, lying in
Section 28, Township 18 South, Range 17 East, Tallahassee Meridian,
Citrus County,
[[Page 36507]]
Florida, more particularly described as follows: For a point of
reference, commence at the northwest corner of said Section 28 in an
east southeast direction to the canal that begins on the west side of
Southeast Cutler Spur Boulevard and runs west-northwest to Kings Bay.
The spring is north and east of the northern terminus of Southeast
Paradise Avenue along the northern shore of said canal. Three Sisters
Springs includes three main and numerous smaller spring vents and a
spring run that connects the vents to said canal in Crystal River,
Citrus County, Florida. This area is not the same as set forth in
paragraph (a)(7) of this section. This area is behind the sanctuary
(north from the mouth of the channel) as set forth in paragraph (a)(7)
of this section and no one may enter this area from November 15 through
March 31 between the hours of 6:00 p.m. and 7:00 a.m.
(B) House Spring. A tract of submerged land, lying in Section 21,
Township 18 South, Range 17 East, Tallahassee Meridian, Citrus County,
Florida, more particularly described as follows: For a point of
reference, commence at the southwest corner of said Section 21 in an
east northeast direction to the northeasternmost corner of Hunter
Spring Run. The spring is immediately west of and adjacent to Northeast
2nd Court in Crystal River, Citrus County, Florida.
(C) Jurassic Spring. A tract of submerged land, lying in Section
21, Township 18 South, Range 17 East, Tallahassee Meridian, Citrus
County, Florida, more particularly described as follows: For a point of
reference, commence at the southwest corner of said Section 21 in an
east northeast direction to the eastern shore of Hunter Spring Run. The
spring is immediately west of the western terminus of Bayshore Drive in
Crystal River, Citrus County, Florida.
(D) Idiot's Delight Number 2 Spring. A tract of submerged land,
lying in Section 28, Township 18 South, Range 17 East, Tallahassee
Meridian, Citrus County, Florida, more particularly described as
follows: For a point of reference, commence at the northwest corner of
said Section 28 in an east southeast direction to the canal that begins
on the west side of Southeast Cutler Spur Boulevard and runs west-
northwest to Kings Bay. The spring is north and east of the northern
terminus of Southeast Paradise Avenue along the northern shore of said
canal just east of the southern terminus of the Three Sisters Springs
run in Crystal River, Citrus County, Florida.
(iii) Speed restrictions. Throughout the entire year, watercraft
speeds are restricted to slow speed throughout the refuge except in
those areas where access is precluded (manatee sanctuaries, no entry
areas) or more restrictive speed restrictions are in effect.
(iv) Time and area prohibitions. From November 15 to March 31, all
waterborne activities, including swimming, diving (including skin and
scuba diving), snorkeling, water skiing, surfing, fishing (including
with hook and line, by cast net, or spear), 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 in areas that are outside of and within
specified distances from the existing manatee sanctuaries located in
Kings Bay (defined in paragraphs (a)(1) through (a)(7) of this section)
and the springs defined in paragraph (c)(14)(ii) of this section: Three
Sisters Springs, House Spring, Jurassic Spring, and Idiot's Delight
Number 2 Spring.
(v) Expanded temporary no-entry area. When manatees exceed the
capacity of an existing manatee sanctuary or shift usage around an
existing manatee sanctuary or shift usage to Three Sisters Springs,
House Spring, Jurassic Spring, and Idiot's Delight Number 2 Spring, due
to water or weather conditions, we will designate ``no entry'' areas
from November 15 through March 31. Designations of no-entry areas
around existing manatee sanctuaries and Three Sisters Springs, House
Spring, Jurassic Spring, and Idiot's Delight Number 2 Spring 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 sites in Kings Bay depending on the winter season. We will
designate no-entry areas within the Kings Bay Manatee Refuge and
outside of existing manatee sanctuaries as follows:
(A) 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.
(B) For the Three Sisters Springs Sanctuary, 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.
(C) For House Spring and Jurassic Spring, an area that does not
exceed 100 feet from the associated spring vents.
(D) For Idiot's Delight Number 2 Spring, an area that does not
exceed 25 feet from the associated spring vent. Any temporary
designation will be configured to avoid the manmade channel in the
canal and will not block access into Three Sisters Springs.
(vi) Temporary no-entry areas. Temporary no-entry area designations
may be made in the existing manatee sanctuaries located in Kings Bay
(defined in paragraphs (a)(1) through (a)(7) of this section), Three
Sisters Springs, House Spring, Jurassic Spring, and Idiot's Delight
Number 2 Spring prior to November 15 and after March 31 during cold
fronts when manatees are present. Designations will remain in effect
for the duration of a cold front and only when manatees are present;
temporary no-entry area designations will remain in effect for no
longer than 14 days.
(vii) Posting of additional protection areas. 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 and around Three Sisters Springs, House Spring, Jurassic
Spring, and Idiot's Delight Number 2 Spring, will be posted to
distances as described in paragraph (c)(14)(v) of this section and
identified by the following devices: buoys, float lines, signs,
advisories from onsite Service employees and their designees, or other
methods.
(viii) 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 and around Three Sisters Springs, House Spring, Jurassic
Spring, and Idiot's Delight Number 2 Spring, but within the Kings Bay
Manatee Refuge will be posted to distances as described in paragraph
(c)(14)(v) 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
[[Page 36508]]
present, may also inform waterway users of designations.
(ix) Prohibited activities. We specifically identify and prohibit
the activities set forth in this paragraph to 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. In
regard to these prohibited activities, we consider a resting manatee to
be a mostly motionless manatee on the water bottom, in the water
column, or on the water's surface that rises to the surface to breath.
While resting, a manatee may make minor changes in its posture and may
slightly shift its position. Minor changes in posture occur when
resting manatees breathe or roll. Resting manatees may also make slight
movements with their flippers or tail to compensate for drift, etc.
Prohibited activities include:
(A) Chasing or pursuing manatee(s).
(B) Disturbing or touching a 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 a manatee(s).
(F) Poking, prodding, or stabbing or attempting to poke, prod, or
stab a 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, or antennae.
(L) Interfering with rescue and research activities.
(M) Using mooring and float lines that can entangle manatees.
Dated: June 10, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-15603 Filed 6-21-11; 8:45 am]
BILLING CODE 4310-55-P