Establishment of an Additional Manatee Protection Area in Lee County, Florida; Proposed Rule and Final Rule

We, the Fish and Wildlife Service (Service), propose to establish an additional manatee protection area in Lee County, Florida (Pine Island-Estero Bay Manatee Refuge). We are proposing this action under the Endangered Species Act of 1973, as amended (ESA), and the Marine Mammal Protection Act of 1972, as amended (MMPA), based on our determination that there is substantial evidence showing such establishment is necessary to prevent the taking of one or more manatees. In evaluating the need for the proposed designation of an additional manatee protection area, 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. These factors were the basis for designating this area as a manatee refuge by an emergency rule authorized under the ESA and MMPA on April 7, 2004. The emergency designation is temporary, lasting only 120 days, and will expire on August 5, 2004. We announced in the emergency rule that we would begin proceedings to establish these areas as a manatee refuge through rulemaking; this proposed rule is part of that process. In a federally designated manatee refuge, watercraft are required to proceed at either "slow speed" or at not more than 25 miles per hour, on an annual or seasonal basis, as marked. While adjacent property owners must comply with the speed restrictions, a designation does not preclude ingress and egress to private property. We also announce the availability of a draft environmental assessment for this action. A separate final rule concerning manatee protection in Lee County, FL, is published elsewhere in this issue of the Federal Register.