Department of The Interior: Friday, November 8, 2002

Friday,
November 8, 2002
Part III
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and
Plants; Final Rule To Establish Thirteen
Additional Manatee Protection Areas in
Florida; Final Rule and Proposed Rule
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68450 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations
DEPARTMENT OF THE INTERIOR telephone (904) 232–2580; or visit our overall manatee population in the
Web site at http://northflorida.fws.gov. southeastern United States (O’Shea
Fish and Wildlife Service SUPPLEMENTARY INFORMATION: 1988, O’Shea et al. 1992, Lefebvre et al.
1995). Even though many manatees
50 CFR Part 17 Background aggregate at warm-water refuges in
The West Indian manatee is federally winter and most if not all such refuges
RIN 1018–AH80 listed as an endangered species under are known, direct counting methods
the ESA (16 U.S.C. 1531 et seq.) (32 FR (i.e., by aerial and ground surveys) have
Endangered and Threatened Wildlife 4001) and the species is further been unable to account for uncertainty
and Plants; Final Rule To Establish protected as a depleted stock under the in the number of animals that may be
Thirteen Additional Manatee Protection MMPA (16 U.S.C. 1361–1407). Florida away from these refuges at any given
Areas in Florida manatees, a subspecies of the West time, the number of animals which are
Indian manatee (Domning and Hayek, not seen because of turbid water, and
AGENCY: Fish and Wildlife Service, 1986), live in freshwater, brackish, and other factors. The use of mark-resighting
Interior. marine habitats in coastal and inland techniques to estimate manatee
ACTION: Final rule. waterways of the southeastern United population size based on known
States. The majority of the population animals in the manatee photo-
SUMMARY: We, the Fish and Wildlife
can be found in Florida waters identification database also has been
Service (Service), take action to throughout the year, and nearly all impractical, as the proportion of
establish 13 additional manatee manatees winter in peninsular Florida unmarked manatees cannot be
protection areas in Florida. This action during the winter months. The manatee estimated.
is authorized under the Endangered is a cold-intolerant species and requires The only data on population size have
Species Act of 1973, as amended (ESA), warm water temperatures generally been uncalibrated indices based on
and the Marine Mammal Protection Act above 20° Celsius (68° Fahrenheit) to maximum counts of animals at winter
of 1972, as amended (MMPA), to further survive during periods of cold weather. refuges made within one or two days of
recovery of the Florida manatee During the winter months, most each other. Based on such information
(Trichechus manatus latirostris) by manatees rely on warm water from in the late 1980s, the total number of
reducing the number of takings. In industrial discharges and natural manatees throughout Florida was
evaluating the need for additional springs for warmth. In warmer months, known to be at least 1,200 animals
manatee protection areas, we considered they expand their range and (Service 2001). Because aerial and
the needs of the manatee at an occasionally are seen as far north as ground counts at winter refuges are
ecosystem level with the goal of Rhode Island on the Atlantic Coast and highly variable depending on the
ensuring that adequate, protected areas as far west as Texas on the Gulf Coast. weather, water clarity, manatee
are available throughout peninsular behavior, and other factors (Packard et
Florida to satisfy the biological Status of the Florida Manatee
al. 1985, Lefebvre et al. 1995),
requirements of the species, with a view Long-term studies, as described interpretation of analyses for short-term
toward the manatee’s recovery. We are below, suggest four relatively distinct trends is difficult (Packard and
designating manatee protection areas in regional populations of manatees in Mulholland 1983, Garrott et al. 1994).
Brevard, Charlotte, Citrus, De Soto, Florida—(a) The Northwest Region, Strip-transect aerial surveys are used
Hillsborough, Lee, Pinellas, and consisting of the counties along the Gulf routinely to estimate dugong (Dugong
Sarasota Counties. Four of the sites are of Mexico from Escambia County east dugon) population size and trends
manatee sanctuaries, where all and south to Hernando County, (Service 2001); however, they are
waterborne activities are prohibited Lafayette and Gilchrist Counties, and difficult to adapt to manatees because of
throughout all or part of the year, with Marion County adjacent to the the species’ much more linear (i.e.,
exceptions for adjoining property Withlacoochee River; (b) the Upper St. coastal and riverine) distribution. This
owners. The remaining nine sites are Johns River Region, consisting of survey method was tested in the Banana
manatee refuges, in which certain Putnam County from Palatka south; River, Brevard County, and
waterborne activities are prohibited or Volusia, Flagler, and Marion Counties recommended for use in that area to
regulated for all or some portion of the adjacent to the St. Johns River or its monitor manatee population trends
year. The previously proposed and tributaries; and Lake and Seminole (Miller et al. 1998). This approach may
emergency-designated South Gandy Counties; (c) the Atlantic Region, also have utility in the Ten Thousand
Navigation Channel Manatee Refuge in consisting of counties along the Atlantic Islands-Everglades area, where manatee
Pinellas County has been withdrawn. coast from Nassau County south to population size and distribution is
We also announce the availability of an Miami-Dade County; the portion of poorly understood.
environmental assessment for this Monroe County adjacent to the Florida Beginning in 1991, the former Florida
action. Bay and the Florida Keys; Okeechobee Department of Natural Resources
County; and counties along the lower initiated a statewide aerial survey
DATES: This rule is effective November
portion of the St. Johns River north of program to count manatees in potential
8, 2002.
Palatka, which includes Putnam, St. winter habitat during periods of severe
ADDRESSES: The complete file for this Johns, Clay and Duval Counties; and (d) cold weather (Ackerman 1995). These
rule is available for inspection, by the Southwest Region, consisting of the surveys are much more comprehensive
appointment, during normal business counties along the Gulf of Mexico from than those used to estimate a minimum
hours at the Jacksonville Field Office, Pasco County south to Whitewater Bay population during the 1980s. The
U.S. Fish and Wildlife Service, 6620 in Monroe County and DeSoto, Glades, highest two-day minimum count of
Southpoint Drive, South, Suite 310, and Hendry Counties. manatees from these winter synoptic
Jacksonville, Florida 32216. Despite considerable effort in the aerial surveys and ground counts is
FOR FURTHER INFORMATION CONTACT: early 1980s, scientists have been unable 3,276 manatees in January 2001; the
David Hankla, Peter Benjamin, or Jim to develop a useful means of estimating highest count on the east coast of
Valade (see ADDRESSES section), or monitoring trends in the size of the Florida is 1,756 and the highest on the
Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations 68451
west coast is 1,520, both in 2001. other areas have contributed to the protected winter aggregation area at
However, the manatee counts of March increases in manatee numbers at Crystal Crystal River and did not require
2002, when weather conditions were River and Blue Spring. Three manatee estimates of population size. The
less favorable, resulted in a total count sanctuaries (areas in which waterborne analysis showed that the chief factor
of 1,796. The Florida Fish and Wildlife activities are restricted) in Kings Bay affecting the potential for population
Conservation Commission (FWCC) were established in 1980; an additional growth is survival of adults.
stated in their March 6, 2002, press three were added in 1994, and a seventh Estimated adult survival in the
release that the ‘‘low count merely in 1998. The increases in counts at Blue Atlantic Region (a larger region with
reflects the poor visibility during the Spring and Crystal River are less protection) has suggested a slower
count, not a dramatic change in the accompanied by estimates of adult rate or no population growth over a
manatee population.’’ Due to the nearly survival and population growth that are similar period. This modeling shows the
ideal conditions for the 2001 synoptic higher than those determined for the value of using survival and
survey, the results of that survey are Atlantic coast (Eberhardt and O’Shea reproduction data obtained from photo-
considered the best available estimate of 1995, Langtimm et al. 1998, Eberhardt et identification studies of living manatees
the current minimum population size al. 1999). to compute population growth rates
(i.e., 3,276). While aircraft synoptic surveys with confidence intervals, providing
It remains unknown what proportions provide a ‘‘best estimate’’ of the information which can be used to infer
of the total manatee population were minimum manatee population size, long-term trends in the absence of
counted in these surveys. No statewide there are no estimates or confidence reliable population size estimates.
surveys were done during the winters of intervals for the size of the Florida However, collection of similar data has
1992–93 or 1993–94 because of the lack manatee population that have been been initiated only recently for other
of strong mid-winter cold fronts. These derived by reliable, statistically based, areas of Florida (notably from Tampa
uncorrected counts do not provide a population-estimation techniques. A Bay to the Caloosahatchee River
basis for assessing population trends. census is a complete count of beginning in the mid-1990s), and none
However, trend analyses of temperature- individuals within a specified area and is available over much of the remaining
adjusted aerial survey counts show time period. A survey, in contrast, is an areas used by manatees in southwestern
promise for providing insight to general incomplete count. With the exception of Florida.
patterns of population growth in some a few places where manatees may A population viability analysis (PVA)
regions (Garrott et al. 1994, 1995; Craig aggregate in clear, shallow water, not all (a model in which random events, such
et al. 1997; Eberhardt et al. 1999). manatees can be seen from aircraft
as red tide and extremely cold winters,
It has been possible to monitor the because of water turbidity, depth,
are incorporated) was carried out for
number of manatees using the Blue surface conditions, variable times spent
Spring (Volusia County) and Crystal manatees based on age-specific
submerged, and other considerations.
River (Citrus County) warm-water mortality rates estimated from the age
Thus, results obtained during typical
refuges. At Blue Spring, with its unique distribution of manatees found dead
manatee synoptic surveys yield
combination of clear water and a throughout Florida from 1979 through
unadjusted partial counts. While these
confined spring area, it has been 1992 (Marmontel et al. 1997). This
results are of value in providing
possible to count the number of resident method of estimating survival relies on
information on where manatees occur,
animals by identifying individual certain assumptions that were not fully
likely relative abundance in various
manatees from scar patterns. The data areas, and seasonal shifts in manatee testable; yet, results again point out the
indicate that this group of animals has abundance, they do not provide good importance of adult survival to
increased steadily since the early 1970s population estimates, nor can they population persistence.
when it was first studied. During the reliably measure trends in the manatee Given population sizes that may
1970s the number of manatees using the population. Consequently, the Florida reflect current abundance, the PVA
spring increased from 11 to 25 Manatee Recovery Plan (Third Version) showed that if adult mortality as
(Bengtson 1981). In the mid-1980s about concludes that ‘‘Despite considerable estimated for the study period were
50 manatees used the spring (Service effort in the early 1980s, scientists have reduced by a modest amount (for
2001), and by the winter of 1999–2000, been unable to develop a useful means example, from 11 percent down to 9
the number had increased to 147 of estimating or monitoring trends in percent), the Florida manatee
(Hartley 2001). size of the overall manatee populations population would likely remain viable
On the northwest coast of Florida, the in the southeastern United States’’ for many years. However, the PVA also
clear, shallow waters of Kings Bay (Service 2001). showed that slight increases in adult
(Citrus County) have made it possible to Population models employ mortality would result in extinction of
monitor the number of manatees using mathematical relationships based on manatees over the long term.
the warm-water refuge in Kings Bay at survival and reproduction rates to The above review demonstrates that
the head of the Crystal River. Large estimate population growth and trends the basis for statewide population size
aggregations of manatees apparently did in growth. A deterministic model (a ‘‘estimates’’ of any kind is scientifically
not exist there until recent times model in which there are no random weak for estimating population trends
(Service 2001). The first careful counts events) using classical mathematical in manatees. The weight of scientific
were made in the late 1960s. Since then approaches and various computational evidence suggests that the potential for
manatee numbers have increased procedures with data on reproduction population increases over the last 2
significantly. In 1967 to 1968, Hartman and survival of living, identifiable decades is strong for two protected
(1979) counted 38 animals in Kings Bay. manatees suggests a maximum aggregation areas. New population
By 1981 to 1982, the maximum winter population growth rate of about 7 analyses, based on more recent (since
count had increased to 114 manatees percent per year, excluding emigration 1992) information, are not yet available
(Powell and Rathbun 1984), and in or immigration (Eberhardt and O’Shea in the peer-reviewed literature. These
December 1997, the maximum count 1995). This maximum was based on analyses will be fundamental to
was 284 (Buckingham et al. 1999). Both studies conducted between the late management decisions that are more
births and immigration of animals from 1970s and early 1990s in the well relevant to the contemporary situation.
In 2001, the Manatee Population indicate that this Region is below the The MMPA sets a general
Status Working Group (MPSWG) benchmarks established in the recovery moratorium, with certain exceptions, on
provided a statement summarizing what plan. the take and importation of marine
they believed to be the status of the Although we are optimistic about the mammals and marine mammal products
Florida manatee at that time (Wildlife potential for recovery in three out of the [section 101(a)] and makes it unlawful
Trust 2001). The MPSWG stated that for four regions, it is important to clarify for any person to take, possess,
the Northwest and Upper St. Johns that in order to downlist or delist the transport, purchase, sell, export, or offer
River regions, available evidence manatee pursuant to the ESA, all four to purchase, sell, or export, any marine
indicated that there had been a steady regions must simultaneously meet the mammal or marine mammal product
increase in animals over the last 25 appropriate criteria as described in the unless authorized. Take, as defined by
years. Such growth was consistent with Florida Manatee Recovery Plan (Service section 3(13) of the MMPA means to
the conditions of these regions—low 2001). Additionally, either action would harass, hunt, capture, or kill, or attempt
numbers of human-related deaths, high be based on a status assessment for the to harass, hunt, capture, or kill any
estimates of adult survival, and good species throughout its range (United marine mammal. Harassment is defined
habitat. The statement was less States and Carribean) that will consider under the MMPA as any act of pursuit,
optimistic for the Atlantic Region due to the factors, as described in section torment, or annoyance which—(i) has
an adult survival rate that was lower 4(a)(1) of the ESA, that determine the potential to injure a marine mammal
than the rate necessary to sustain whether any species is categorized as or marine mammal stock in the wild; or
population growth. The MPSWG endangered or threatened. (ii) has the potential to disturb a marine
believed that this region had likely been In order for us to determine that an mammal or marine mammal stock in the
growing slowly in the 1980s but may endangered species has recovered to a wild by causing disruption of behavioral
then have leveled off or even possibly point that it warrants removal from the patterns, including, but not limited to,
declined. They considered the status of List of Endangered and Threatened migration, breathing, nursing, breeding,
the Atlantic Region to be ‘‘too close to Wildlife and Plants, the species must feeding, or sheltering.
call.’’ Such finding was consistent with Human use of the waters of the
have improved in status to the point at
high levels of human-related and, in southeastern United States has
which listing is no longer appropriate
some years, cold-related deaths in this increased dramatically as a function of
under the criteria set out in section
region. Regarding the Southwest Region, residential growth and increased
4(a)(1) of the ESA. That is, threats to the visitation. This phenomenon is
the MPSWG acknowledged that further species must be reduced or eliminated
data collection and analysis would be particularly evident in the State of
such that the species no longer fits the Florida. The human population of
necessary to provide an assessment of definitions of threatened or endangered.
the manatee’s status in this region. Florida has grown by 124 percent since
While suggestions of increasing 1970, from 6.8 million to 15.2 million
Preliminary estimates of adult survival population size are very encouraging,
available to the MPSWG at that time residents (U.S. Census Bureau), and is
there has been no confirmation that expected to exceed 18 million by 2010,
indicated that the Southwest Region significant threats to the species,
was similar to the Atlantic Region and and 20 million by the year 2020.
including human-related mortality, According to a report by the Florida
‘‘substantially lower than [the adult injury, and harassment, and habitat
survival estimates] for the Northwest Office of Economic and Demographic
alteration, have been reduced or Research (2000), it is expected that, by
and Upper St. Johns Regions.’’ The eliminated to the extent that the Florida the year 2010, 13.7 million people will
Southwest Region was cited as having manatee may be reclassified from reside in the 35 coastal counties of
had high levels of watercraft-related endangered to threatened status. Florida. In a parallel fashion to
deaths and injuries and natural Pursuant to our mission, we continue to residential growth, visitation to Florida
mortality events (i.e., red tide and severe assess this information with the goal of has increased dramatically. It is
cold). meeting our manatee recovery expected that Florida will have 83
Recent information suggests that the objectives. million visitors annually by the year
overall manatee population has grown 2020, up from 48.7 million visitors in
Threats to the Species
since the species was listed in 1967 (50 1998. In concert with this increase of
CFR 17.11). Based on data provided at Human activities, and particularly human population growth and visitation
the April 2002 Manatee Population waterborne activities, are resulting in is the increase in the number of
Ecology and Management Workshop, we the take of manatees. Take, as defined watercraft that travel Florida waterways.
believe that the Northwest and Upper by the ESA, means to harass, harm, In 2001, 943,611 vessels were registered
St. Johns River regions are doing well pursue, hunt, shoot, wound, kill, trap, in the State of Florida (FWCC 2002).
and are approaching demographic capture, collect, or to attempt to engage This represents an increase of 42
benchmarks (also referred to as in any such conduct. Harm means an act percent since 1993. The Florida
population benchmarks) established in which kills or injures wildlife (50 CFR Department of Community Affairs
the Florida Manatee Recovery Plan for 17.3). Such an act may include estimates that, in addition to boats
reclassification to threatened. We also significant habitat modification or belonging to Florida residents, between
believe that the Atlantic Region is close degradation that kills or injures wildlife 300,000 and 400,000 boats registered in
to meeting the downlisting benchmark by significantly impairing essential other States use Florida waters each
for adult survival, at a minimum, and is behavioral patterns, including breeding, year.
close to meeting or exceeding other feeding, or sheltering. Harass includes Increases in the human population
demographic criteria. We are less intentional or negligent acts or and the concomitant increase in human
optimistic, however, regarding the omissions that create the likelihood of activities in manatee habitat compound
Southwest Region. Although data are injury to wildlife by annoying it to such the effect of such activities on manatees.
still insufficient or lacking to compare an extent as to significantly disrupt Human activities in manatee habitat
the Southwest Region’s status to the normal behavioral patterns, which include direct and indirect effects.
downlisting/delisting criteria, include, but are not limited to, breeding, Direct impacts include injuries and
preliminary data for adult survival feeding, or sheltering (50 CFR 17.3). deaths from watercraft collisions, deaths
from water control structure operations, of collisions with vessels. Collisions pursuing manatees, and other
lethal and sublethal entanglements with with watercraft comprise approximately disruptions cause animals to disperse
commercial and recreational fishing 25 percent of all manatee mortalities and become displaced from warm water
gear, and alterations of behavior due to since 1978. Approximately 75 percent of refuges. Displaced animals may be
harassment. Indirect effects include all watercraft-related manatee mortality exposed to cold water temperatures
habitat alteration and destruction, and has taken place in 11 Florida counties below known physiological thresholds.
include such activities as the creation of (Brevard, Lee, Collier, Duval, Volusia, Exposure to cold may cause
artificial warm water refuges, decreases Broward, Palm Beach, Charlotte, hypothermia or cold stress, conditions
in the quantity and quality of warm Hillsborough, Citrus, and Sarasota) known to kill manatees (Worthy 1999).
water in natural spring areas, changes in (Florida Marine Research Institute In addition, prolonged, nonlethal
water quality in various parts of the Manatee Mortality Database 2002). The exposure to cold may affect calving
State, the introduction of marine debris, last 5 years have been record years for success and fecundity (Rommel 2002).
and other, more general disturbances. the number of watercraft-related Tyson (1998) documented boating and
Manatee mortality has continued to mortalities (Marine Mammal fishing activity in warm water
climb steadily. Average annual total Commission Annual Report to Congress discharges. Observations included
mortality in the 1990s (227.9) was 2002). anglers maneuvering boats within
nearly twice that of the 1980s (118.2). In The second largest cause of human- manatee aggregations, boat operators
2001, a total of 336 manatee deaths were related manatee mortality is entrapment looking for and petting manatees,
documented. Total deaths over the past in water control structures and boaters attempting to swim with
5 years are about two and a half times navigation locks (Florida Marine manatees, anglers wading and casting
greater than they were in the first half Research Institute Manatee Mortality into manatee aggregations, manatees
of the 1980s. Although a large part of Database 2002). Manatees may be being hooked and maneuvered while
this increase may be due to an increase crushed in gates and locks or may be entangled, a manatee struck with an
in manatee abundance, rapid growth in trapped in openings where flows anchor, manatees being provided with
human activities and development may prevent them from surfacing to breathe. water, etc. These activities resulted in
also be significant factors. Over the past Locks and gates were responsible for the displacement of animals, manatees
5 years, human-related manatee 159 manatee deaths between 1978 and hooked or entangled in fishing line,
mortality has accounted for 33 percent 2001, or approximately 4 percent. While possible boat strikes, and other adverse
of all manatee deaths, with watercraft- there are no well-defined patterns interactions. Swimmer interactions were
related deaths accounting for nearly 27 characterizing these mortalities, it is
further documented by Wooding (1997)
percent. These rates are about 5 to 6 believed that periods of low rainfall
at Three Sisters Springs, Citrus County,
percent higher than the early 1980s, increase the likelihood of manatees
Florida. Some manatees left the, then
when about 28 percent of all deaths being killed in these structures. These
unprotected, spring area when boats
were human-related and 21 percent periods require more frequent, large-
with swimmers approached at the start
were due to watercraft (Marine Mammal scale movements of water, which
of the day. Other manatees left when the
Commission Annual Report to Congress require more frequent gate openings and
first swimmers entered the water. Those
2002). closings in areas that attract manatees
The continuing increase in the that remained either ignored swimmers
searching for fresh water. We have been
number of recovered dead manatees or turned away and swam out of reach;
working, through an interagency task
throughout Florida has been interpreted force, with various Federal and State a small number sought out physical
as evidence of increasing mortality rates agencies to retrofit these structures with contact with swimmers. Gorzelany
(Ackerman et al. 1995). Between 1976 reversing mechanisms that prevent observed manatees being ‘‘crowded out’’
and 1999, the number of carcasses manatee crushings. (displaced) by large numbers of
collected in Florida increased at a rate Manatees are also affected by other swimmers searching out encounters
of 5.8 percent per year, and deaths human-related activities. Impacts with wintering manatees (Mote Marine
caused by watercraft strikes increased resulting from these activities include Laboratory, pers. comm. 2001).
by 7.2 percent per year (Service 2002). death caused by entrapment in pipes Anglers have been observed casting
Because the manatee has a low and culverts; entanglement in ropes, into manatee aggregations at warm
reproductive rate, a decrease in adult lines, and nets; ingestion of fishing gear water sites, hooking and entangling
survivorship due to watercraft collisions or debris; vandalism; and poaching. manatees (Tyson 1998). Discarded
could contribute to a long-term These activities have accounted for 115 fishing line, at times caught on water
population decline (O’Shea et al. 1985). manatee deaths since 1978, an average bottoms, plants, and structures, is also
It is believed that a 1 percent change in of more than 4 deaths per year. As with known to entangle manatees and is
adult survival likely results in a watercraft-related mortalities, these occasionally ingested by manatees.
corresponding change in the rate of deaths also appear to be increasing, with Entangled monofilament fishing line
population growth or decline 40 of these deaths occurring between may cut into the manatees’ skin;
(Marmontel et al. 1997). 1997 and 2001. This is an average of 8 manatees are frequently scarred by these
Collisions with watercraft are the deaths per year over the last 5 years cuts and flippers are occasionally
largest source of human-related manatee attributable to this cause. amputated through the cutting effect of
deaths. Data collected during manatee Activities affecting manatees at warm the line (USFWS unpublished data).
carcass salvage operations in Florida water sites include boat operations, There are records of manatees having
indicate that a total of 1,050 manatees recreational fishing, directed died from entanglements due to
(from a total carcass count of 4,240) are interactions between humans and infection and septicemia associated
confirmed victims of collisions with manatees (including pursuit by with these injuries. Manatees ingesting
watercraft (1978 to 2001). This number swimmers and boats), and other fishing line and hooks are known to die
may underestimate the actual number of disturbances. Specifically, boats from intestinal obstructions, tears in the
watercraft-related mortalities since operating within manatee aggregations, gut, and other complications (Florida
many of the mortalities listed as anglers casting fishing lines into Marine Research Institute Manatee
‘‘undetermined causes’’ show evidence aggregations, boaters and/or swimmers Mortality Database 2002).
In 2001, fifteen manatees were navigation lock were struck and killed surfing, fishing, the use of water
rescued from fishing gear, including by watercraft operating nearby (Florida vehicles, and dredge and fill activities.
seven from monofilament line. The Marine Research Institute Manatee
Synopsis of Manatee Lawsuit
number of such incidents has been Mortality Database 2002). Researchers
Settlement
increasing over time; in the early phases monitoring winter manatee aggregations
of our manatee rescue, rehabilitation, have noted the frequent and regular In Save the Manatee Club, et al. v.
and release program, no more than one occurrence of nonlethal, fresh cuts on Ballard, et al., Civil No. 00–00076 EGS
or two incidents were documented per animals using these sites, particularly at (D.D.C.), several organizations and
year. Recent annual totals have ranged the outset of the winter season (Hartley, individuals filed suit against the Fish
between ten and fifteen reported Florida Division of Parks and and Wildlife Service and the U.S. Army
incidents. Since 1973, a total of 124 Recreation, pers. comm. 2001; Curtin, Corps of Engineers (Corps) alleging
gear-associated manatees have been USGS Contractor, pers. comm. 2001). violations of the ESA, MMPA, National
rescued, including 50 from Environmental Policy Act (NEPA), and
monofilament entanglement and Manatee Protection Areas the Administrative Procedure Act. Four
ingestion (Service, unpubl. data). In To minimize disturbance to wintering groups representing development and
addition to these rescues, at least 14 manatees at both industrial and natural boating interests intervened. Following
deaths have been attributed to warm water sites during this critical extensive negotiations, a Settlement
monofilament fishing line and others time of year, we and the State of Florida Agreement was approved by the court
are suspected (Florida Marine Research have implemented a series of Federal on January 5, 2001. Under the terms of
Institute Manatee Mortality Database sanctuaries and State protection areas at the settlement, we agreed to the
2002). and near these sites. To date, the following:
Boats operating within and adjacent • Submit a proposed rule for new
majority of known warm water sites
to warm water aggregations of manatees refuges and sanctuaries to the Federal
used by manatees in Florida have been
pose a particularly serious threat to Register by April 2, 2001, and submit a
protected. Manatee protection areas
wintering manatees, since manatees are final rule by September 28, 2001.
have also been established at other sites
often killed or injured as a result of Subsequent to the Federal settlement,
throughout coastal Florida where
collisions with watercraft. The the FWCC also voted to settle Save the
conflicts between boats and manatees
likelihood of adverse manatee Manatee v. Egbert, Case No. 90–00–
have been well documented and where
encounters with watercraft increases in 400CIV17–WS (N.D.Fla) (the State case).
manatees are known to frequently occur.
the vicinity of and within unprotected That settlement, which was entered by
We are providing additional protection
wintering sites because of the greater the court on November 7, 2001, calls for
or enhancing existing protection areas very similar protective measures in
concentration of manatees and manatee by establishing additional manatee
activity in these areas. In 2001, at least many of the locations included in our
sanctuaries and/or manatee refuges at proposed rule. As a result of these
25 percent (82 of 325) of known thirteen locations in Florida.
manatee deaths were caused by simultaneous processes, the parties in
Federal authority to establish the Federal lawsuit agreed to extend the
watercraft, as was discussed above. This
protection areas for the Florida manatee April 2 deadline in an attempt to
was the second highest year on record
is provided by the ESA and the MMPA, negotiate a means to avoid duplication
(out of more than 27 years of
and is codified in 50 CFR, part 17, of effort and better serve the public.
monitoring) for total number of
watercraft-related manatee deaths. subpart J. We have discretion, by Subsequent negotiations resulted in
Nonlethal injuries are also documented regulation, to establish manatee additional extensions, which resulted in
by researchers who monitor the protection areas whenever there is the proposed rule being submitted to the
accumulation of scars from boat strikes substantial evidence showing such Federal Register on August 3, 2001. We
on individual manatees on an annual establishment is necessary to prevent also agreed to evaluate the propriety of
basis. As documented in the U.S. the taking of one or more manatees. In invocation of our emergency sanctuary/
Geological Survey’s (USGS) database, accordance with 50 CFR 17.106, areas refuge designation authority. We
most animals that are known to have may be established on an emergency published an advance notice of
been struck are struck multiple times. basis when such takings are imminent. proposed rulemaking in the Federal
Such nonlethal injuries may reduce calf We may establish two types of Register on September 1, 2000, and held
production and survival in wounded manatee protection areas—manatee a series of six public workshops in
females (O’Shea et al. 2002). refuges and manatee sanctuaries. A December 2000. We received 1,752
The FWCC’s manatee carcass salvage manatee refuge, as defined in 50 CFR comments in response to the advance
program has documented the presence 17.102, is an area in which we have notice, and 396 people attended the
of watercraft-killed manatees within the determined that certain waterborne public workshops. The proposed rule
vicinity of warm water discharges. activities would result in the taking of was published in the Federal Register
While the presence of a carcass does not one or more manatees, or that certain on August 10, 2001 (66 FR 42318). A 60-
necessarily indicate that a collision waterborne activities must be restricted day comment period followed this
occurred at that site, there are a few to prevent the taking of one or more publication. In addition, we held four
cases where collisions have been manatees, including but not limited to, public hearings in September 2001, to
documented at warm water sites. In one a taking by harassment. A manatee provide the public an opportunity to
instance, a tug/barge maneuvering sanctuary is an area in which we have comment. We held these hearings in
within the approach to a warm-water determined that any waterborne activity Crystal River, Clearwater, Venice, and
aggregation site ran over a manatee, would result in the taking of one or Melbourne, Florida. As a result of both
crushing and killing the animal between more manatees, including but not the public hearings and written
the hull and the water bottom (Florida limited to, a taking by harassment. A submissions, we received approximately
Marine Research Institute Manatee waterborne activity is defined as 3,500 comments. These comments are
Mortality Database 2002). In Lee including, but not limited to, summarized and responded to in the
County, two manatees using a secondary swimming, diving (including skin and ‘‘Summary of Comments and
warm-water site located at the foot of a scuba diving), snorkeling, water skiing, Recommendations’’ section of this rule.
On January 7, 2002, we published a requirements of the MMPA cannot be U.S. mail. These biological opinions
final rule designating two sites in met, we must notify the Plaintiffs and have been provided accordingly.
Brevard County, the Barge Canal and Interveners as soon as practicable, and • On July 9, 2002, the United States
Sykes Creek, as Federal manatee refuges publish a negative finding in the District Court for the District of
(67 FR 680). Federal Register with the basis for Columbia ruled that the Federal
• Revise the Manatee Recovery Plan. denying the request. We must publish Government violated the Settlement
We were required, by December 1, 2000, our negative finding by May 5, 2003. We Agreement by failing to designate a
to make a draft revised Recovery Plan will conduct public hearings on sufficient number of refuges and
available for public review and proposed rules as appropriate. sanctuaries throughout peninsular
comment, and to circulate our final • By March 6, 2001, furnish Plaintiffs Florida. The Court ruled that we must
revised Recovery Plan for signature no and Interveners with a letter describing complete the rulemaking with respect to
later than February 28, 2001. We how we will spend increased the 16 proposed areas contained in the
published a draft revised Recovery Plan enforcement resources in FY 2001. This August 10, 2001, proposal. On July 31,
on November 30, 2000, and received letter was sent on March 6, 2001. 2002, the Court subsequently
over 500 comments. The Plaintiffs and • Revise, and make available for determined that this must be completed
Interveners agreed to new dates for public review, our ‘‘interim guidance’’ by November 1, 2002. The Court also
development of a second draft and for addressing potential manatee determined that the sites in this final
finalization of the Recovery Plan. As a impacts associated with development rule, in conjunction with the two sites
result of the comments, we made and permitting of new watercraft access established previously, ‘‘would satisfy
substantial revisions to the Recovery facilities. We were required to submit the general distribution requirement’’ of
Plan and subsequently issued a second this document by March 6, 2001. The the Settlement Agreement. On
draft for public review and comment on revised document appeared in the September 20, 2002, we published an
July 10, 2001. The Recovery Plan was Federal Register on March 14, 2001 (66 emergency rule designating seven sites
finalized on October 30, 2001. FR 14924–32). We agreed to provide at as manatee refuges and sanctuaries on
• Pursue a rulemaking proceeding to least thirty (30) days of public comment Florida’s west coast for a period of 120
adopt incidental take regulations under and actually provided sixty (60) days days (67 FR 59408).
the MMPA. By March 6, 2001, we were comment on the revised draft guidance.
required to submit to the Federal The final decision on the guidance was Coordination With State Actions
Register an advance notice of proposed released to the public on August 13, An extensive network of manatee
rulemaking; invite by letter the Corps 2001, and published in the Federal speed zones and sanctuaries has been
and other entities that conduct activities Register on August 21, 2001 (66 FR established throughout peninsular
which may influence factors relating to 43885). Florida by Federal, State, and local
effects of watercraft on manatees to • Provide written progress reports on governments. This existing structure
participate in the MMPA rulemaking the status of tasks agreed upon in the works toward our goal of providing
process; and promptly provide copies of Settlement Agreement every 6 months. adequate protected areas throughout
the Federal Register notice and The first report was provided to the peninsular Florida to satisfy the
invitation letters to the Plaintiffs and parties on July 5, 2001 and subsequent biological requirements of the species.
Interveners. The advance notice was reports have been provided accordingly. The purpose of our recent evaluation
published in the Federal Register on • Provide copies of concurrence and was to identify gaps in the existing
March 12, 2001, and copies of the non-concurrence letters to Plaintiffs and network and to establish appropriate
advance notice and invitation letters Interveners. Whenever we send a letter measures for filling those gaps. We have
were mailed to the Plaintiffs and to the Corps in response to the Corps’ focused the current action on those sites
Interveners on March 6, 2001. We will determination that a project ‘‘may in which we have determined that
determine if any anticipated take by affect’’ the manatee or ‘‘may affect but Federal action can effectively address
entities participating in the rulemaking is not likely to adversely affect’’ the the needs in the particular area.
process meets the requirements set forth manatee, we are required to We recognize that the existing system
in section 101(a)(5) of the MMPA, 16 concurrently make a copy of the of speed zones and sanctuaries has been
U.S.C. 1371(a)(5). The process should correspondence available to the established primarily by State and local
result in—(1) If the requirements set Plaintiffs and Interveners. This governments. We also recognize the
forth in section 101(a)(5) of the MMPA obligation may be satisfied by important role of our State and local
are deemed satisfied, a proposed and establishing a web-based system or by partners, and we continue to support
final MMPA incidental take regulation; transmitting a copy of the letter by U.S. and encourage State and local measures
(2) preparation of appropriate NEPA mail or electronically. Until such time to improve manatee protection.
documentation which will identify and as we establish a web-based system, we The sites contained in this rule were
assess the direct, indirect, and will forward copies by U.S. mail. These selected based on the criteria described
cumulative effects of the overall MMPA letters have been provided accordingly. below (see ‘‘Site Selection Process and
regulation (either an Environmental • Provide copies of Biological Criteria’’ section), prior to the disclosure
Assessment or an Environmental Impact Opinions (BO). Whenever we issue a of terms of the proposed settlement in
Statement (EIS)); (3) detailed final BO regarding the effect of a the State case, Save the Manatee v.
assessments of agency programs, particular project on manatees or Egbert, Case No. 90–00–400CIV17–WS
including cumulative effects on manatee critical habitat, we are required (N.D.Fla), entered on November 7, 2001.
manatees and their habitat, for any to concurrently make a copy of that That settlement contains a list of sites
activities covered under the regulation; opinion available to the Plaintiffs and that the FWCC has and will be
and (4) consultation pursuant to section Interveners. This obligation may be evaluating for potential State
7 of the ESA. We have determined that satisfied by establishing a web-based designation of speed zones and
we will prepare an EIS in association system or by transmitting a copy of the sanctuaries. There is considerable
with this action. Draft and final opinion by U.S. mail or electronically. overlap in terms of sites identified in
products are due on November 5, 2002, Until such time as we establish a web- that settlement and the sites discussed
and May 5, 2003, respectively. If the based system, we will forward copies by in our proposed rule. The fact that the
State’s list of sites is more expansive measures. The public’s input will be effective measures at the site to address
than the list in our rule does not used to help determine the extent of the identified problem.
indicate a determination on our part additional protections necessary for In documenting manatee use and
that sites on the State’s list, and not manatee recovery. historic manatee harm and harassment,
considered by us, do not warrant we relied on the best available
Site Selection Process and Criteria information, including aerial survey and
protection, but is rather a reflection of
our focusing on sites for which we In preparation for making a decision mortality data and additional
believe we can provide the most on sites to propose as manatee information from the Florida Marine
effective protection for manatees, given protection areas, we met with Research Institute and the USGS Sirenia
our staffing and funding limitations. representatives from local, State, and Project. These data were supplemented
We have been coordinating closely Federal agencies and organizations with information from manatee experts,
with the FWCC, since the terms of their involved in manatee research, the public, and our best professional
proposed settlement were disclosed, to management, and law enforcement. judgment. In determining the potential
determine which sites are most These meetings helped us to develop a effectiveness of our actions, we
appropriate for State designation and list of sites throughout Florida and considered the costs of managing and
which are better suited for Federal southeast Georgia that manatee experts enforcing manatee protection areas and
designation. At the time our proposed believed should be considered for the benefits (or lack thereof) to manatee
rule was prepared, final agreement had possible designation as manatee conservation. Costs associated with site
not been reached on the terms of the protection areas. management include installation and
proposed State settlement. Pursuant to We published an advance notice of maintenance of appropriate signage,
the terms of our previously described proposed rulemaking in the Federal public education, and enforcement. In
Settlement Agreement, we were Register on September 1, 2000 (65 FR addition, designation of manatee
required to submit our proposed rule to 53222). The purpose of the advance sanctuaries in the waters bordered by
the Federal Register by April 2, 2001, notice was to inform the public that we private property entail additional
which was prior to the time in which were initiating the process of administrative burdens in terms of
the FWCC made a final decision investigating areas for possible identifying and providing access to
regarding sites they intend to evaluate. designation as manatee protection areas affected residents. Finally, we evaluated
The deadline was extended on several and to solicit initial public input. We the effectiveness of our actions against
occasions by agreement of the parties in received 1,752 responses to the advance the likely effectiveness of anticipated
an attempt to negotiate a means to avoid notice. Of these, 1,737 supported our similar actions by State and/or local
duplication of effort and better serve the efforts to establish additional manatee governments. It was our goal to avoid
public. However, eventually, we were protection areas, and 13 opposed them. sites that could be most effectively
required to proceed with publication in The remaining two comments did not addressed by State or local government,
advance of finalization of the State’s state a specific opinion. and, where we felt we must act in
settlement agreement. Therefore, there We also conducted six public addition, we have made every effort to
are overlaps between our rule and State workshops throughout peninsular make our designations consistent with
actions. Florida to present the list of potential the existing State or local designations.
We strongly believe that the State sites and to solicit public input. A total
should have leadership in establishing of 396 people attended the workshops, Previous Federal Action
additional manatee protection areas. and 166 provided either oral or written On August 10, 2001, we published in
The State has taken a leading role in this comments. Of these, 79 were general in the Federal Register a proposed rule to
initiative. Pursuant to a meeting of the nature, either supporting our efforts to establish 16 additional manatee
Florida Fish and Wildlife Conservation establish additional manatee protection protection areas (66 FR 42318),
Commissioners on September 12, 2002, areas (40) or opposing them (39); 28 including the areas designated in this
the State established a manatee participants specifically opposed and 8 rule. In the proposed rule, we requested
protection area at Blue Waters and specifically supported the areas. An all interested parties to submit factual
described other sites to be designated as additional 36 comments were not reports or information that might
protection areas. Local governments specific to the topic or discussed other contribute to the development of a final
have also enacted protective measures at items. Fifteen commenters provided rule. We sent direct notification of the
some of these sites. We, however, must specific information or comments, proposal and public hearings to 3,258
also meet our settlement obligations. In including recommendations to increase institutions and individuals, including
the future, if the State or counties enforcement, increase education, use Federal and State agencies, county
implement measures at these sites that, new technology including satellite governments, scientific organizations,
in our view, provide comparable tracking of manatees, and other rule- and interested parties. We published
protection for manatees, we will related topics. legal notices announcing the proposal,
consider withdrawing or modifying We selected sites for inclusion in this inviting public comment, and
established designations through the rule from the list of sites developed announcing the schedule for public
rulemaking process. In addition to through the preliminary meetings and hearings, on August 30, 2001, in the Fort
acknowledging State and county roles in the information gathered at the public Myers News-Press, Citrus County
this process and our legal obligations, workshops and in response to the Chronicle, Daytona Beach News-
we recognize the importance of their advance notice. We based site selection Journal, and Naples Daily News, on
actions and the role that they play in on four factors—(1) Evidence that the August 31, 2001, in the St. Petersburg
manatee recovery. These actions are a site is used by manatees; (2) historic Times, Miami Herald, Orlando Sentinel,
priority for us and we will continue to evidence of take (harm or harassment) of Charlotte Sun-Herald, and Tallahassee
promote these and other actions to manatees at the site or similar sites due Democrat, and on September 4, 2001, in
fulfill our recovery responsibilities. In to waterborne activities; (3) the potential Florida Today. The comment period
furtherance of this, we are publishing a for additional take based on manatee closed on October 9, 2001. We held the
Federal Register notice seeking public and human use of the site; and (4) a public hearings at the Plantation Inn
input on additional manatee protection determination that we could implement and Conference Center in Crystal River,
Florida, on September 10, 2001; ‘‘Areas Designated as Manatee including a vessel’s bow wave, stern
Harborview Convention Center in Sanctuaries and Refuges,’’ we need to wave, and propeller wash, or a
Clearwater, Florida, on September 11, establish the manatee protection areas combination of these.
2001; Holiday Inn in Venice, Florida, on in and adjacent to the warm water sites
Exceptions
September 12, 2001; and the Radisson prior to the time when manatees will be
Hotel & Conference Center in seeking warmer waters for the winter Existing regulations provide
Melbourne, Florida, on September 13, and need to ensure that manatees will regulatory relief for watercraft access to
2001. Approximately 315 people were be protected from waterborne activities private residences, boat houses, and
in attendance at the public hearings. We at non-winter sites. A 30-day delay in boat docks located in manatee
received oral comments from 121 of making these sites effective would result sanctuaries (50 CFR 17.108). Sanctuaries
these individuals. in further risks of manatee mortality, described in this final rule are located
During the comment period, we injury, and harassment during the in areas adjoining property owned by
received approximately 3,500 written period of delay. In view of the finding public and other private property
and oral comments concerning the of substantial evidence that taking of owners. Public and private property
proposal. Most expressed opposition to, manatees at these 13 sites is imminent, owners will be permitted to access and
or concern about, the proposed we believe good cause exists to make maintain property within respective
designation; however, a number of this rule effective upon publication. In manatee sanctuaries. During the
individuals supported the proposed a proposed rule of August 10, 2001 (66 restricted period (either seasonal or
action. Opposition to the proposed FR 42318), we solicited public comment year-round) watercraft operations
designation primarily centered on on the 13 manatee protection areas (conducted by appropriately identified
concerns regarding potential economic established by this rule as required by vessels) will be restricted to idle speed.
effects and inconvenience to boaters 5 U.S.C. 553(c). The 30-day delay would Maintenance activities necessary for
resulting from the action, and the be contrary to the public interest maintaining property and waterways
adequacy of current State conservation because of the imminent threat to during this period of time are also
actions to protect the manatee. We manatees and the need to provide allowed, subject to any applicable
received comments from the State of immediate protection. Federal, State, and/or local government
Florida. The remaining comments were permitting requirements. We believe
from individuals or representatives of Definitions that these exceptions will ensure that
organizations or groups. The State Idle speed means the minimum speed this rule has a minor impact on
supported the proposed action. On needed to maintain watercraft steerage. activities conducted by public and
January 7, 2002, we published a final Planing means riding on or near the private property owners.
rule that established two of the 16 water’s surface as a result of the
Summary of Comments and
proposed areas as manatee protection hydrodynamic forces on a watercraft’s
Recommendations
areas located within the water bodies hull, sponsons (projections from the
commonly known as the Barge Canal side of a ship), foils, or other surfaces. Written comments and oral
and Sykes Creek, in Brevard County (67 A watercraft is considered on plane statements presented at the public
FR 680). On September 20, 2002, we when it is being operated at or above the hearings and received during the
published an emergency rule speed necessary to keep the vessel comment period are addressed in the
designating four of the remaining areas planing. following summary. Comments of a
proposed in August, 2001, as manatee Slow speed means the speed at which similar nature or point are grouped into
sanctuaries and three as manatee refuges a watercraft proceeds when it is fully off a number of general issues. Comments
in Citrus, Pinellas, and Hillsborough plane and completely settled in the and our response to each are discussed
Counties for a period of 120 days (67 FR water. Watercraft must not be operated below.
59408). at a speed that creates an excessive Comment 1: The FWCC noted our
The September 20, 2002, emergency wake. Due to the different speeds at intention to consider withdrawing
rule stated that the emergency rule which watercraft of different sizes and Federal designations should State or
would remain in effect through January configurations may travel while in local governments enact comparable
20, 2003. However, this final rule compliance with this definition, no protective measures, and recommended
replaces the emergency rule. Therefore, specific speed is assigned to slow speed. that we define the means by which we
the manatee protection areas set forth in A watercraft is not proceeding at slow will determine if actions by State or
the September 20, 2002, rule are no speed if it is: (1) On a plane, (2) in the local governments provide a comparable
longer in effect. From the emergency process of coming up on or coming off level of protection.
rule to this final rule, we have of plane, or (3) creating an excessive Response: The 13 manatee refuges
implemented changes, both in the sizes wake. A watercraft is proceeding at slow and sanctuaries covered in this
of many of the protection areas and in speed if it is fully off plane and rulemaking were originally proposed in
the timeframes for restrictions. Details completely settled in the water, not our August 10, 2001, proposed rule.
of these changes are described later in creating an excessive wake. While these sites are important for
this document in a section called Slow speed (channel exempt) manatee conservation and meet the
‘‘Summary of Changes From the designates a larger area where slow criteria for Federal protection, when we
Proposed Rule.’’ speed is required, through which a established the Barge Canal and Sykes
maintained, marked channel is exempt Creek manatee refuges on January 7,
Effective Date 2002 (67 FR 680), we believed the
from the slow speed requirement.
We are making this rule effective Slow speed (channel included) means remaining sites were of lesser urgency.
upon publication. In accordance with that the slow-speed designation applies We were also not convinced at the time
the Administrative Procedure Act, we to the entire marked area, including of final rule publication that these
find good cause as required by 5 U.S.C. within the designated channel. protection measures were necessary for
553(d)(3) to make this rule effective Wake means all changes in the recovery of the species. Therefore, in
immediately upon publication in the vertical height of the water’s surface our January 7, 2002, final rule, we
Federal Register. As discussed in caused by the passage of a watercraft, postponed decision-making on these
sites until December 2002 and stated take to the same or greater extent as our and that no final State action would be
that we would consider withdrawing actions. taken on sites in Tampa Bay by
our proposals should State or local Comment 2: The FWCC noted that December 2002.
government implement suitable appropriate posting of designated Response: While we had originally
protection. manatee protection areas is a critical delayed action on these sites until
However, on July 9, 2002, the Court element in the success of manatee December 2002, to give other agencies
ruled that this approach did not comply protection zones, and recommended an opportunity to enact comparable
with our Settlement Agreement that we schedule meetings with the measures, we are promulgating a rule at
requiring that we designate additional FWCC, Navigation Districts, local this time to ensure compliance with the
refuges and sanctuaries throughout governments, and others to develop a Court’s orders of July 9, 2002, and July
peninsular Florida within a certain time clear delineation of responsibilities for 31, 2002, and to ensure compliance with
frame. On July 31, 2002, the Court posting signs for federally designated the terms of the Settlement Agreement.
further ordered us to complete our areas. Included in our rule are measures to
rulemaking process on these sites by Response: We agree that appropriate protect Little Sarasota Bay and Shell
November 1, 2002. signage is critical to the safe and Island and to designate protection at
Subsequent to our August 2001 effective implementation of manatee sites in Tampa Bay.
proposal, State and local governments protection areas. We will continue to Comment 5: Several commenters
involve the FWCC, Inland Navigation recommended establishing manatee
have adopted and, in some cases,
Districts, local governments, and the protection areas at several sites in
implemented manatee protection
U.S. Coast Guard, as appropriate, in the addition to, or in lieu of, the 16 sites
measures at several of the manatee
development of sign plans for these identified in the proposed rule. Other
refuges and sanctuaries established in
Federal manatee protection areas. By sites recommended for consideration
this rule. In some cases the State or local
coordinating with these agencies, we included—the downtown Jacksonville
measures are more restrictive than our
will minimize any discrepancies and/or portion of the St. John’s River, Duval
original proposals, while in others they
disparities between signs, sign County; Goodby’s Creek, Duval County;
are less restrictive. Based upon new
placement, and legal authorities. These the Tomoka River, Volusia County; the
information resulting from these
actions will minimize inconsistencies Canaveral sewer outfall, Brevard
activities and comments received, we and confusion amongst the boating County; the Indian River southeast of
have made several modifications to our public. the railroad bridge causeway, Brevard
original proposals in order to ensure, Comment 3: The FWCC expressed County; the Haulover Canal observation
when possible, that Federal, State, and concern regarding enforcement of the area, Brevard County; the Riviera Beach
local measures are consistent and clear new manatee protection areas and power plant outfall, Palm Beach County;
to the public and can be consistently recommended that we clarify that we the Weeki Wachee River, Hernando
enforced by all entities (see ‘‘Summary are responsible for enforcement of these County; the Little Manatee River,
of Changes from the Proposed Rule’’ areas. They also expressed concern that Hillsborough County; the Manatee and
section). We do not believe that any of establishment of Federal manatee Braden Rivers, Manatee County;
these changes will result in reduced protection areas in and adjacent to State Charlotte Harbor, Charlotte County;
manatee protection from our original speed zones, which carry different Bokeelia Point, Lee County; San Carlos
proposal. In cases where we have penalties for violation, may generate Bay, Lee County; the Caloosahatchee
increased our restrictions beyond those confusion among the boating public. River, Lee County; Mullock Creek/Ten
originally proposed, we have concluded Response: Manatee protection areas Mile Canal, Lee County; Estero Bay, Lee
that this action will have negligible are only effective to the extent that County; Everglades National Park,
effects on the regulated public beyond boaters comply with posted regulations. Collier and Monroe Counties; Faka
the actions already promulgated by As such, enforcement is an essential Union Canal/Port of the Islands, Collier
State or local governments. component of our effort to establish County; and Ten Thousand Islands/
In the future, we may withdraw or additional manatee protection areas. Chokoloskee Bay, Collier County.
revise our designations if, in our view, FWCC officers are authorized to enforce Response: In designating manatee
State and local government(s) provide a Federal manatee protection area protection areas throughout peninsular
comparable level of protection. Since it regulations, just as our law enforcement Florida, we considered the needs of the
is not currently possible to measure the officers can and do enforce State species on an ecosystem level in order
precise level of effectiveness of any manatee protection regulations. We to address life requirements of the
particular manatee protection program, welcome any assistance that the FWCC manatee and to progress toward
we must rely upon the best professional and other enforcement entities can recovery of the species. All of the above-
judgment of our biologists to determine provide in the enforcement of these mentioned sites, and many others, were
whether alternative State or local manatee protection areas, but we have considered at some point in the
measures are comparable to ours. We made a commitment to ensure that evaluation process. Some, such as the
acknowledge that there may be more adequate enforcement is provided for Weeki Wachee River, Goodby’s Creek,
than one way to provide adequate these areas. The ability to adequately and the Canaveral sewer outfall, did not
manatee protection at any given post and enforce designated sites was a meet our criteria for further
location. In making our determination, factor in our site selection process. consideration because adequate
we will consider factors such as areal Comment 4: The FWCC noted that we protective measures are currently in
extent of the measures, duration of delayed action on 14 sites identified in place at these sites and the likelihood of
measures, and types of restrictions (e.g., the proposed rule until December 2002 future take at these sites is limited,
no entry, motorboat prohibited, idle to give State and local governments the provided the existing regulations are
speed, slow speed, etc.). Our final opportunity to enact comparable appropriately enforced. Others, such as
determination will be based on our protective measures. The FWCC stated Caloosahatchee River, Everglades
judgment of whether a State or local that they have no plans to consider rules National Park, and Ten Thousand
management plan provides comparable in two of the sites in the proposed rule Islands/Chokoloskee Bay, did not meet
protection by reducing or eliminating (Little Sarasota Bay and Shell Island) our criteria for designation at this time
because it is as yet unclear, based on because these actions will reduce the enforcement, or because of issues
current information, what additional take of manatees and are necessary to peculiar to the waterbody such that
protective measures could be fulfill our settlement obligations. incidental take of manatees is inevitable
implemented to effectively reduce on- Comment 7: One commenter noted regardless of protective measures
going watercraft-related manatee that the sites identified in our proposed implemented.
mortality in these areas. We note that rule differed in some respects from the As such, the standard for identifying
even the commenter who recommended ‘‘areas with inadequate protection’’ a waterbody as an ‘‘area with inadequate
we take immediate action in the Ten identified in our ‘‘Final Interim Strategy protection’’ is different than that for
Thousand Islands/Chokoloskee Bay area on Section 7 Consultations for establishing a manatee protection area.
could offer no specific recommendation Watercraft Access Projects That May This is why several areas proposed as
as to what to do in this area. We agree Indirectly Affect the Florida Manatee’’ manatee protection areas are not also
that the remaining sites mentioned (Final Interim Strategy) (66 FR 14924). ‘‘areas with inadequate protection.’’
above (the St. John’s River in downtown Response: The areas we proposed for Comment 8: Some commenters
Jacksonville, the Tomoka River, the designation as Federal manatee expressed concern that human safety
Haulover Canal observation area, the protection areas were in some cases could be compromised by forcing all
Indian River southeast of the railroad different from the waterbodies we boaters into narrow channels,
bridge causeway, the Riviera Beach identified as ‘‘areas with inadequate bottlenecks, and other confined
power plant outfall, the Little Manatee protection’’ for the purposes of the Final circumstances.
River, the Manatee and Braden Rivers, Interim Strategy. Response: We were very cognizant of
Charlotte Harbor, Bokeelia Point, Estero The standard for manatee protection human safety issues when we designed
Bay, San Carlos Bay, Mullock Creek/Ten areas is that such establishment is these manatee protection areas. While
Mile Canal, and Faka Union Canal/Port ‘‘necessary to prevent the taking of one human safety is the responsibility of all
of the Islands) may warrant further or more manatees’’ (50 CFR Part 17.103). vessel operators, we made sure that
consideration, particularly if manatees Because ‘‘take’’ is very broadly defined, zone designations were consistent with
do not make satisfactory progress action of some form could be justified accepted safe-designation practices and
toward recovery. However, we do not for many coastal waters in the State of will ensure that all sign plans and signs
agree with the commenters that action at Florida. In order to focus our efforts in meet Federal and State signage
any of these sites is any more the current rulemaking, we defined four requirements to eliminate human safety
appropriate and/or feasible than the criteria for selecting sites as follows—(1) concerns. Furthermore, most manatee
actions identified in our August 10, Evidence that the site is used by refuge measures described in this final
2001, proposed rule. manatees; (2) historic evidence of take rule require vessels to proceed at slow
We are committed to continuing the (harm or harassment) of manatees at the speed and, as such, should enhance
protection of the manatee through a site or similar sites due to waterborne boater safety in these areas.
cooperative effort with our management human activities; (3) the potential for Comment 9: Some commenters
partners at the Federal, State, and local additional take based on manatee and expressed concern that human safety
levels, as well as efforts involving human use of the site; and (4) a will be compromised by requiring vessel
private entities and members of the determination that we could implement operators to proceed at slow speeds in
public. We encourage State and local effective measures at the site to address the face of emergency situations, like
measures to improve manatee the identified problem. Again, many rapidly approaching thunderstorms or
protection. Additionally, we are sites throughout Florida could be argued medical emergencies.
publishing a Federal Register notice to satisfy the first three criteria to some Response: Federal regulations allow
seeking public input on additional extent; however, the vast majority of for an exemption to manatee protection
manatee protection needs. This sites do not satisfy criterion four area regulations in the event of
information will be used to help because of limitations we face because emergency. Specifically, our regulations
determine the extent of additional many areas present manatee protection (50 CFR part 17.105(c)) state that ‘‘any
protection needed for recovery. problems due to circumstances that are person may engage in any activity
Comment 6: In recommending action difficult or impossible to correct within otherwise prohibited by this subsection
at the sites identified in Comment 5, our manatee protection area authority if such activity is reasonably necessary
some commenters noted that several of and in terms of personnel and budget. to prevent the loss of life or property
the sites identified in our proposed rule On the other hand, ‘‘areas with due to weather conditions or other
were under consideration for inadequate protection’’ were identified reasonably unforeseen circumstances, or
designation by the FWCC and/or local in the context of conducting ESA to render necessary assistance to
governments, and questioned our section 7 consultations regarding U.S. persons or property.’’
decision to include such sites in our Army Corps of Engineers authorization Comment 10: Several commenters
proposed rule, given the likelihood that of boat access facilities. In this context, noted that the size of the manatee
these sites would be appropriately watercraft-related ‘‘take’’ of manatees is population appears to have increased
regulated without Federal designation. an indirect effect of the authorization of over time, and questioned the need for
Response: Several of the sites in our a boat access facility. In order to be additional protective measures.
proposed rule overlapped with recent considered an ‘‘area with inadequate Response: A discussion of the current
State or local actions (see our response protection’’ in this context, the existing status of the manatee population is
to ‘‘Comment 1’’). We first became protection measures on a given provided in the ‘‘Background’’ section.
aware of this overlap when the Plaintiffs waterbody must be such that the likely Two of the criteria for determining
in the State lawsuit made the terms of result of adding additional boat access whether species are endangered or
their draft Settlement Agreement public. to the area is a foreseeable increase in threatened under section 4(a) of the ESA
Due to our inability to discuss pending watercraft-related take. This could be are ‘‘(D) the inadequacy of existing
legal actions with the FWCC, and our because current protection measures are regulatory mechanisms; and (E) other
need to meet our settlement obligations, either totally lacking or are inadequate natural or manmade factors affecting its
we published the proposed rule. We are in areas with chronic watercraft-related continued existence.’’ (16 U.S.C.
publishing this final rule at this time take, because of a lack of adequate law 1533(a)) There has been no confirmation
that significant threats to the species, sites where we determined that Federal and information on activities known to
including human-related mortality, action can effectively address the needs occur at these sites. Based on these
injury, and harassment, and habitat in the particular area. comments and sources of information, it
alteration, have been reduced or Comment 13: Some commenters is apparent that some users may be
eliminated. Furthermore, the MMPA stated that the definition of ‘‘slow inconvenienced by the need to proceed
sets a general moratorium for the taking speed’’ is arbitrary and unenforceable, at slower speeds or the need to use
of marine mammals. Regardless of the and recommended that we consider alternative sites. To address the
size or status of the manatee population, using some other standard, such as a concerns of adjoining property owners,
all takings are prohibited unless ‘‘miles per hour’’ limit to regulate vessel we have provided exceptions to ensure
authorized under the MMPA. speed. that they are not adversely affected by
Minimizing, to the extent practical, Response: The definition of ‘‘slow these designations. As such, we believe
the taking of manatees as a result of speed’’ used in this rule is very similar that this rule will not result in a
watercraft collisions is a high priority in to that used by the State in the Florida significant economic dislocation.
manatee recovery and management Manatee Sanctuary Act (F.A.C. 68C–22). Comment 15: One commenter
programs. Currently, the areas This definition is generally understood suggested that our proposed rule was
addressed in this rule have a significant by mariners and has proven to be contrary to the spirit and intent of
potential for ‘‘take’’ and/or are enforceable. It is important to use a Executive Order 12866, because we did
characterized by limited current definition of ‘‘slow speed’’ that not contact the commenter directly
protective regulations. complements that used by the State. Ten regarding the impact the proposed rule
Comment 11: Several commenters of the sites included in this final rule may have upon the individual’s
stated that we should focus on better are located in direct proximity to areas operations.
enforcement of existing regulations regulated by the State. The use of a Response: As part of the rulemaking
before imposing additional restrictions similar definition will ensure
process, we published an advance
on boaters. consistency and lessen confusion among
notice of proposed rulemaking in which
Response: This issue was identified as the boating public.
one of the alternatives addressed within The establishment of another we solicited information from the public
the Manatee Protection Area definition of ‘‘slow speed’’ or the use of regarding issues that should be
Environmental Assessment. While a ‘‘miles per hour’’ speed zone poses addressed through the rulemaking. We
improvements in both the enforcement many problems. Establishment of a also held six public workshops that
and education arenas are important to ‘‘miles per hour’’ standard would provided additional opportunities for
enhancing manatee protection, such necessitate all boats operating in these the public to provide input and voice
improvements may be of little effect zones to be equipped with accurate concerns. With publication of the
when applied to areas without speedometers. This standard would also proposed rule, we afforded a 60-day
regulations or with inadequate require enforcement officers to procure period for submitting written comments,
protection to minimize the take of equipment and attend periodic training and held four public hearings. Through
manatees. The State has placed an to enforce these conditions. Of more the commenter’s participation in this
increased emphasis on enforcement, importance is that boats operating at process, we are aware of the
and we have made a substantial speeds in excess of what is allowed commenter’s concerns. We have
commitment to enforcing manatee under the current definition of ‘‘slow responded to those concerns to the best
protection areas over the past few years. speed’’ pose increased threats to of our ability with this final rule and our
We anticipate that these efforts will manatees. Boats proceeding while intent to pursue amendments to our
continue. ‘‘plowing the water’’ with elevated regulations. We have also updated the
Comment 12: Some commenters bows, such as occurs when a vessel is information regarding the economic
recommended that we abstain from operating at greater than ‘‘slow speed,’’ effects of the rule, as appropriate, to
designation of Federal manatee both obscure the forward vision of the reflect information submitted by the
protection areas and allow the State and operator and place the propulsion commenter. These actions meet the
local authorities to provide for manatee systems of the watercraft lower in the requirements of Executive Order 12866.
protection. water. Both of these conditions increase Comment 16: Many commenters
Response: We are the Federal agency the likelihood of a vessel collision with suggested that technological advances
responsible for manatee management a manatee. With a subsequent increase may now make it possible for boaters
and protection activities under both the of speed, the configuration of the vessel and manatees to better detect the
ESA and the MMPA. As such, we must changes to one of planing. While this presence of one another and, thereby,
take an active role in regulatory condition places the hull and outdrives avoid collisions, and recommended that
activities involving the manatee, of vessels higher in the water, it also these technologies be employed instead
including designating manatee refuges decreases the reaction time available for of restricting boat speeds.
and sanctuaries. Furthermore, we must both the operator and the manatee to Response: Ongoing research is
complete this rulemaking process, detect one another and take action to evaluating the sensory abilities of the
pursuant to our settlement agreement. avoid collision. manatee and the environmental factors
This in no way diminishes the Comment 14: Many commenters that may affect these abilities. Potential
important role that State, local, and stated that we have not adequately technologies may enable boaters to
other Federal agencies play, or the role evaluated the economic impact of these better detect the presence of manatees.
of the private sector. Recognition is designations. However, no technology is currently
given to both State and local efforts to Response: The economic analysis available that is proven to be effective
establish manatee protection, and we conducted as part of this rulemaking in avoiding collisions between manatees
are committed to supporting these determined that these actions would not and boats. For the foreseeable future,
efforts. We have stated that the State have a significant economic impact. detection and avoidance technology will
should have leadership in establishing Through the regulation promulgation likely be used to supplement, rather
additional manatee protection areas. process, including public hearings and than replace, traditional management
With this final rule, we have focused on comment periods, we sought comments strategies.
Comment 17: Some commenters such as water depth and the presence of providing sufficient protection for
recommended that we selectively aquatic vegetation when deciding the manatees.
regulate watercraft and provide boundaries of manatee protection areas
exemptions for those not responsible for rather than base boundaries on Summary of Changes From the
take of manatees. These commenters unnatural features such as navigation Proposed Rule
stated that most watercraft-related channels or bank-to-bank designation of Pursuant to comments from the
manatee mortality is caused by large waterbodies. FWCC, various counties, and the public
vessels and/or barges, and that boats Response: We considered such at large, we have made changes to the
without propellers do not harm environmental features in evaluating individual proposed manatee sanctuary
manatees. potential manatee protection sites,
Response: The manatee mortality and refuge designations to better
because these factors influence manatee coordinate with site-specific seasonal
database contains information on the use of areas. There have been instances
necropsy results of over 4,000 manatees. and areal limits, to improve consistency
where habitat features (such as water with local regulations, and to improve
From this large information source, depth) have been used to delineate
several interesting aspects of watercraft- boater safety. In our proposed and
boundaries of protection areas. The emergency rules, we described the
related manatee mortality may be disadvantage of the use of such features
surmised. It is impossible to determine, winter season to include that period
for the purpose of this rule is the from October 1 through March 31. Upon
in most cases, the size of the boat which complexity and costs associated with
struck a manatee. The exception to this re-evaluation, it has become apparent
such designs, and the potential for
is the very few cases where a that the modified November 15 through
causing confusion among the regulated
responsible boater has reported a March 31 period better captures the
public resulting in poor compliance.
collision and researchers are able to time when manatees first appear and are
Protection areas designed around
compare the actual vessel to the most abundant at these sites; this period
environmental factors tend to be
observed injuries. In a few documented of time is also consistent with State and
irregular and complex. This, in turn,
cases, manatees were obviously killed results in significant increases in costs local regulations. As such, we have
by a large vessel, the symptoms of of implementation in terms of posting adopted this season for consistency, to
which include massive crushing and or and the subsequent costs of reduce confusion potentially caused by
bifurcation (slicing into pieces) of the maintenance. The limited resources the different timeframes, and at the
animal. The vast majority of cases same time, provide for adequate
available for this program required a
involving watercraft-related mortality protection for manatees. Site-specific
less complex strategy for providing
involve less dramatic injuries. changes are described below, and
adequate protection for manatees and
Investigations comparing blade diameter summarized in Table 1. As can be seen
reasonable use of these areas by the
and pitch indicate that the majority of in that table, the total of the areas
public.
manatees killed from watercraft-related designated as manatee protection areas
collision are struck by smaller, fast- Comment 19: Commenters pointed
out that a year-round, slow speed by this rule is 2,562.84 hectares
moving vessels. (6,333.10 acres).
Injuries to manatees from vessel manatee refuge in the area of Pansy
impacts can be characterized as either Bayou would preclude a local water ski We have also made some editorial
lacerations or blunt trauma. Percentages program that practices and performs in changes to the regulations that set forth
generated by the mortality data-base the area and urged that we consider the Barge Canal and Sykes Creek
indicate that 55 percent of the measures that would allow them to Manatee Refuges. These two refuges
watercraft-related mortalities are the continue their activities. were established by the final rule of
result of blunt trauma. Such trauma can Response: We are unable to adopt January 7, 2002 (67 FR 680). We are
result from impacts from vessel hulls, measures that would allow program making nonsubstantive changes to the
lower units, or other vessel components. participants to continue their activities text that sets forth these refuges simply
Vessels without propellers (e.g., in the context of this rule. We will to make subparagraphs (c)(1) and (c)(2)
personal watercraft) still have the address this request in a subsequent of 50 CFR 17.108 consistent with the
potential to ‘‘take’’ manatees. rulemaking that will re-describe the new subparagraphs being added through
Comment 18: Some commenters restricted activities or propose other this final rule—(c)(3) through (c)(11).
recommended that we consider factors means of resolving this issue while BILLING CODE 4310–55–P
ER08NO02.018</GPH>
BILLING CODE 4310–55–C

ER08NO02.019</GPH>
Blue Waters Manatee Sanctuary consistent with local seasonal measures, the county to address these needs. If the
In order to minimize confusion with and minimizes confusion, thereby existing conservation measures or any
a recently adopted FWCC protection improving compliance with this additional necessary conservation
area in Blue Waters and to promote measure. measures are not implemented, the
boater safety, we have revised the area South Gandy Navigation Channel Service will reconsider Federal
of our originally designated sanctuary to Manatee Refuge designation again in the future.
conform with the FWCC’s designation. Pinellas County adopted a regulatory Tampa Electric Company Big Bend
This reduction, from 1.7 hectares (ha) zone within the South Gandy Manatee Sanctuary
(4.1 acres), as originally proposed, to Navigation Channel that is more
0.67 ha (1.66 acres), entails removing restrictive than ours. The county has On Sept. 20th, 2002, we emergency-
protection from the spring boil to the designated the entire length of the designated a manatee sanctuary in the
northern limit of the newly described channel as a ‘‘slow speed’’ area from its Tampa Electric Company’s Big Bend
protection area and adding a shoreline upper most reaches out into Tampa Bay. power plant discharge, in the
buffer to the south of the re-configured The measure protects manatees approaches to the west, and in an area
northern sanctuary. These changes will throughout the year from watercraft to the southeast of the discharge. We
not compromise manatee protection collisions in this high boat traffic area. also emergency-designated a manatee
inasmuch as the public will be The only exemptions to these refuge to the south of the discharge
precluded in the areas upstream of the regulations are for law enforcement simultaneously. These measures were
site through the site’s ‘‘no entry’’ officers and county officials who may designed to enhance and improve
designation. We have also changed the exceed posted measures when consistency with new and existing
period of protection from October 1 conducting official business or for protection measures in the area.
through March 31 to November 15 human safety and property concerns. Specifically, the FWCC designated the
through March 31. This conforms with There are no exemptions to these eastern end of the discharge canal as a
the period of highest manatee use, restrictions for the general public. The no entry area, the approaches as a slow
known manatee use areas on-site, is county has posted this area and is speed area, and the area to the south as
consistent with local seasonal measures, actively enforcing the zone. We have a caution area. The county further
and minimizes confusion, thereby been advised by the county that their designated year-round idle speed zones
improving compliance with this law enforcement officers have issued 43 in the canals adjacent to our manatee
measure. citations and 82 warnings to violators refuge, a year-round idle speed zone at
Bartow Electric Generating Plant since posting in March 2002. The the point where the manatee refuge
Manatee Sanctuary county is also conducting a study, in enters Tampa Bay, and year-round slow
conjunction with the State, to ensure the speed zones to the north and south of
Our manatee sanctuary has been effectiveness of these conservation
reduced in size from 73.5 ha (181.5 the manatee refuge entrance.
measures.
acres), as originally proposed, to 12.07 Our manatee refuge designation in To accommodate these measures, we
ha (29.82 acres), and the boundaries and this area, as described in the proposed have modified our seasonal no entry
seasonal limits have been changed to and emergency rules, includes only a zone (manatee sanctuary) to include that
provide consistency with local county portion of the county’s protection area area inside the discharge canal. We have
measures. That portion of the sanctuary and conflicts with the county’s year- modified the manatee sanctuary at its
within the gated area of the Bartow round designation. We have been western end because of the conflicting
outfall, where there is no access for advised by the FWCC Division of Law State and local regulations, which
manatees or the boating public, has been Enforcement that the adoption of a designate idle speed and slow speed
removed. Other areas included in our Federal sign plan that is inconsistent measures in this area (such designations
proposed rule were also dropped, in with local measures would preclude us already minimize the likelihood of boat
view of broader, existing Pinellas from posting a Federal zone in this area collisions with manatees using the
County protections in these areas, and that they will not issue a permit approaches to these sites) during
specifically, the county ‘‘combustion that contradicts or confuses existing different times of the year. The manatee
motor exclusion zone,’’ in effect from measures. Furthermore, the water sanctuary is further modified at the
November 15 through March 31. The bottoms are privately owned and we southeast corner to ensure consistency
manatee sanctuary was further focused were advised by the property owner that with the State’s actions; this site is
to address harassment within the they would have problems allowing us occasionally used by foraging manatees
immediate area of the discharge. The to place signs in the area if they did not and is now included in our manatee
boundary lines were re-drawn to support local ordinances, ordinances refuge designation. We have further
promote consistency with the local that they have strongly supported. been advised by the FWCC Division of
ordinance and to minimize confusion to Because of these issues and because the Law Enforcement that the adoption of a
the public. Furthermore, the water local ordinance is larger in area, is of
Federal sign plan that is inconsistent
bottoms are privately owned and we longer duration (year-round instead of
with local measures would preclude us
were advised by the property owner that seasonal), provides the same type of
from posting a Federal zone in this area
they would have problems allowing us protection (i.e., slow speed), does not
and that they will not issue a permit
to place signs in the area if the signs did allow exceptions, and because we
not support local ordinances, believe that the area will be adequately that contradicts or confuses existing
ordinances that they have strongly enforced, we are withdrawing our measures.
supported. The period of protection was proposal and emergency designation at These modifications have changed the
changed from October 1 through March this site. We will, however, continue to area of this manatee sanctuary as
31 to November 15 through March 31. monitor manatee take in this area. In the originally proposed. The area of the
This conforms to that period when event that additional conservation original site included 30.8 ha (76.2
manatees first appear in the area, measures are determined to be needed acres). Subsequent to the changes, the
periods of highest manatee use, is in Pinellas County, we will work with site now includes 12.08 ha (29.85 acres).
Tampa Electric Company Big Bend channel in order to be consistent with additional public reviews. However, we
Manatee Refuge the more restrictive FWCC regulations, will coordinate signage and posting
Our manatee refuge has been to avoid confusion among boaters, and plans with FWCC personnel to
modified to include the aforementioned to promote boater safety. We believe minimize confusion to the regulated
portion of the proposed Tampa Electric that this modification, which is more public.
restrictive than our original proposal, We have reduced the size of the
Company Big Bend Manatee Sanctuary.
will increase manatee protection at this original area from 4,892.00 ha
While the addition of this portion of the
site over our original proposal. (12,088.10 acres) to 1,698.11 ha
manatee sanctuary will increase the
effective area of our manatee refuge, the Peace River Manatee Refuge (4,196.11 acres) because of a mapping
total area of the refuge appears to be error. This error included calculating
The FWCC has adopted manatee the area of uplands within the Peace
decreasing. The original acreage protection measures that overlap and
inadvertently included portions of River flood plain and including this area
conflict with our original proposal. We in the size calculation for total area of
uplands in the southwest corner of the have modified our designation to
refuge. The original acreage should have the manatee refuge.
conform to the FWCC’s manatee
been 76.05 ha (187.89 acres), a decrease protection measures where we believe Haulover Canal Manatee Refuge
of 17.45 ha (or 43.11 acres) from the these changes do not reduce manatee In our original proposal, we
originally proposed and emergency protection. However, differences designated the canal and approaches
designated 93.5 ha (230.9 acres). We between our regulations and FWCC (out to 0.8 km or 0.5 mile) as a slow
have added the acreage from the regulations remain. speed manatee refuge. Subsequent to the
sanctuary and subtracted the upland The changes from our original proposal, the FWCC adopted manatee
acreage. As such, the area of this proposal are as follows. We have protection measures that overlap the
manatee refuge is now 89.35 ha (220.79 reduced the extent of our slow speed approaches immediately east and west
acres). We believe this modification zone between the U.S. Highway 41 and of the canal. We believe that the State
provides equal, if not greater, protection I–75 bridges to conform with the measures in the approaches provide
for manatees. FWCC’s 300-meters (1,000-feet) adequate protection for manatees.
Additionally, we have been advised shoreline buffer zones. The area However, the FWCC did not include the
by the FWCC Division of Law between the buffer zones has been canal proper in their rule. The canal
Enforcement that the adoption of a designated to require boat operators to proper, located on the Merritt Island
Federal sign plan that is inconsistent operate watercraft at speeds not to National Wildlife Refuge, is currently
with local measures would preclude us exceed 40 km per hour (25 miles per designated as a slow speed area,
from posting a Federal zone in this area hour). We are changing the designation pursuant to an existing national wildlife
and that they will not issue a permit upstream of red channel marker 14, in
refuge designation, authorized under the
that contradicts or confuses existing Charlotte County just south of the
National Wildlife Refuge
measures. As such, we have modified DeSoto County line, from slow speed
Administration Act. This Act
this area to conform to State and local channel exempt to 40 km per hour (25
consolidated the authorities for areas
measures to promote consistency with miles per hour) bank to bank; and,
administered by us, established the
signage and regulations and to minimize should the U.S. Coast Guard or the State
National Fish and Wildlife Refuge
confusion to the boating public. mark a navigation channel or approve a
System, and provided that all property
marked navigation channel in an area
Little Sarasota Bay Manatee Refuge in the system shall be administered by
approximately 1.6 km (1 mile)
We have modified our original us for the conservation, management,
downstream of the railroad trestles in
proposal, which designated this area as Shell Creek, we will allow watercraft to and, where appropriate, restoration of
‘‘slow speed, channel exempt,’’ to travel up to 40 km per hour (25 miles the fish, wildlife, and plant resources
require that watercraft not exceed 40 per hour) in the channel in this area as and their habitats within the United
kilometers (km) per hour (25 miles per well. States for the benefit of present and
hour) in the channel so that we are We believe our final designation, future generations of Americans. We
consistent with more restrictive FWCC modified from our original proposal, believe that our decision to protect this
regulations in adjacent waters, to avoid will provide adequate protection for site through our ESA and MMPA
confusion among boaters, and to manatees in the Peace River. This authority increases manatee protection
promote boater safety. The FWCC conclusion is based on a combination of beyond that provided by the State and
designated sites to the north and south manatee carcass recovery sites and the National Wildlife Refuge
as ‘‘slow speed, 25 miles per hour in the sighting locations. This designation is designation, and improves the
channel’’ areas. Because this measure is very similar to the plan which was enforcement of the existing slow speed
more restrictive than our original originally proposed for public review by zones by making the legal restrictions
‘‘channel exempt’’ designation, we the FWCC in May 2002, and is more consistent with those in other manatee
believe this modification will increase protective than the plan which was protection areas (i.e., protected under
manatee protection at this site over our ultimately approved. For example, the the ESA and MMPA). We believe the
original proposal. final FWCC action provides for an changes will not reduce protection of
additional boat travel corridor in the manatees from the measures originally
Lemon Bay Refuge lower portions of the river and reduced proposed.
The FWCC has adopted a ‘‘slow manatee protection in portions of Areas Designated as Manatee
speed, 25 miles per hour in the Hunter Creek where there is significant Sanctuaries and Refuges
channel’’ manatee protection measure at manatee use. At this time, we are unable
this site. As such, we have modified our to accommodate all aspects of the Blue Waters Manatee Sanctuary
original proposal which designated this FWCC’s plan without reducing overall We are establishing a seasonal
area as ‘‘slow speed, channel exempt’’ to levels of manatee protection or making manatee sanctuary, containing
require that watercraft not exceed 40 km significant changes from our original approximately 0.67 ha (1.66 acres), at
per hour (25 miles per hour) in the proposal, changes that would require the headwaters of the Homosassa River,
adjacent to the Homosassa Springs State entry area. The State will post this area 12.08 ha (29.85 acres), at the Tampa
Wildlife Park, commonly referred to as prior to November 15, 2002 (Kipp Electric Company’s Big Bend Electric
the Blue Waters, in Citrus County. All Frohlich, pers comm. 2002). The Generating Station’s discharge canal in
waterborne activities will be prohibited number of visitors has grown to the Tampa Bay, Hillsborough County. This
in this area from November 15 through point where manatees are observed closure will prohibit all waterborne
March 31. Homosassa Springs State leaving the site and swimming activity at this site from November 15
Wildlife Park, located directly upstream downstream into colder waters through March 31. We are also
from the site, is not accessible to the (Gorzelany, Mote Marine Laboratory, establishing a manatee refuge in the area
manatees wintering at Blue Waters pers. comm. 2001). The establishment of south of this sanctuary (see ‘‘Tampa
because the spring head is used to a manatee sanctuary at this location will Electric Company’s Big Bend Manatee
confine and treat distressed manatees. provide wintering manatees with an Refuge’’ below).
The headwaters of the Homosassa undisturbed area free from harassment Manatee presence has been
River are an important wintering site for and will continue to provide the public documented in this area through aerial
manatees (Service, unpublished data). with opportunities to interact with surveys, photo-identification studies,
The site is in close proximity to the manatees outside of the protected area. telemetry studies, and a carcass salvage
Homosassa Spring, a Class 1 magnitude program. Two types of surveys have
spring, which provides warm water Bartow Electric Generating Plant been used to document manatee use of
from the Florida aquifer. This warm Manatee Sanctuary this site. Synoptic surveys, conducted
water is essential to the survival and We are establishing a seasonal during the winter to provide minimum
well-being of a significant number of manatee sanctuary, containing counts, have been conducted here since
manatees during cold weather periods. approximately 12.07 ha (29.82 acres), at 1989. Per these surveys, the most
Manatee presence has been the warm water discharge of the Bartow manatees counted at this site was 316
documented in this area through aerial Electric Generating Plant in Tampa Bay, on January 6, 2001 (FWCC, unpublished
surveys, photo-identification studies, Pinellas County. This seasonal closure data). Distribution and abundance
telemetry studies, and a carcass salvage will prohibit all waterborne activity at surveys, conducted in the area between
program. These studies, begun in the this site from November 15 through November 1987 and June 1997, have
late 1960s, have documented historical March 31, inclusive. We have documented 2,470 manatees using the
manatee use of the area (Hartman 1979). designated this sanctuary based on site and its immediate surroundings
Initially, use was primarily associated observed manatee use patterns throughout the year. Per these survey
with the springs during the winter. In documented during cold weather parameters, there were 510 sightings (a
recent years, however, manatees have periods (Hartman 1979, Wright et al. sighting may include multiple
become more common during the 2002, Weigle et al. 2001) and on manatees) observed during the survey
summer months, as documented observations of takings known to occur period. Observed activities primarily
through surveys and field observations at warm water sites (Tyson 1998, included resting manatees, followed by
(Joyce Kleen, Chassahowitzka National Wooding 1997). observations of traveling animals
Wildlife Refuge, pers. comm. 2002). Warm water effluent from this plant (Florida Marine Research Institute
During the course of aerial surveys, a attracts manatees during cold weather Aerial Survey Database). Fifteen
peak count of 123 manatees were periods. The maximum manatee count carcasses were recovered from this area,
sighted here on a single winter day at this site was 102 manatees on including three carcasses recovered
(Joyce Kleen, pers. comm. 2002). February 25, 1999 (FWCC, unpublished within the manatee sanctuary and 12
Manatee deaths have been recorded in data). Similar to other warm water recovered within 0.8 km (0.5 mile) of
the area since 1974. Eight carcasses discharges, large numbers of fish are the manatee sanctuary. These deaths,
were recovered within 0.8 km (0.5 mile) also attracted to the heated effluent at recorded since 1974, included five
of the site, including one from within this site. As a result, both anglers and watercraft-related deaths, including two
the manatee sanctuary. Four of these manatee enthusiasts are attracted to the that occurred within the past five years.
were attributed to watercraft collision, site, leading to increased potential for Deaths occurred between November and
including three watercraft-related cases of harm and harassment to April (Florida Marine Research Institute
deaths in the past five years. These manatees. Manatee Mortality Database).
deaths occurred between the months of Researchers have documented boat We decided to establish this sanctuary
November and March, that period when operators, anglers, and swimmers based on observed manatee use patterns
manatees are most abundant (Florida disrupting wintering manatees in outfall documented at this site (Wright et al.
Marine Research Institute Manatee areas. Boat operators maneuvering 2002, Weigle et al. 2001, Hartman 1979)
Mortality Database). within manatee aggregations, anglers and on observations of takings known to
The presence of manatees, coupled hooking manatees, and people pursuing occur at this (FWCC, unpubl. data.) and
with the shallow clear nature of the manatees disturb and disperse these other similar sites (Tyson 1998,
water, has attracted an increasingly resting animals, at times forcing them Wooding 1997). Similar to other
large number of swimmers and divers to into colder, life-threatening waters discharges, large numbers of fish and
the site. These visitors come to the site (Tyson 1998). Lethal takes are also manatees are attracted to this heated
to swim with manatees. The waters of known to occur—manatees have died effluent. As a result, both anglers and
the Homosassa River are currently from entanglement with fishing line and manatee enthusiasts are attracted to the
regulated as a State-designated idle are vulnerable to boat collisions, site, leading to increased potential for
speed zone, and the State Park especially in high speed unregulated cases of harm and harassment of
maintains a no-entry zone from a line areas (Florida Marine Research Institute manatees.
approximately 61 meters (200 feet) Manatee Mortality Database 2002). Researchers have documented boat
upstream of the confluence of the spring operators, anglers, and swimmers
run and the northeast fork of the river. Tampa Electric Company’s Big Bend disrupting manatees in outfall areas.
These measures were recently enhanced Manatee Sanctuary Boat operators maneuvering within
by the FWCC, which adopted a rule We are establishing a manatee manatee aggregations, anglers hooking
designating this area as a seasonal no sanctuary, containing approximately manatees, and people pursuing
manatees, disturb and disperse these as the warm water discharge of the sightings (a sighting may include
resting animals, at times forcing them Tampa Electric Company’s Big Bend multiple manatees) observed during the
into colder, life-threatening waters Electric Generating Station, because of survey period. Observed activities
(Tyson 1998). Lethal takes are also the greater concentration of animals primarily included resting manatees,
known to occur—manatees have died within these confined areas. Regulating followed by observations of traveling
from entanglement with fishing line and this area as an idle-speed zone rather animals (Florida Marine Research
are vulnerable to boat collisions, than as a sanctuary will afford Institute Aerial Survey Database). Four
especially in high speed unregulated watercraft ingress and egress through manatee carcasses were recovered
areas (Florida Marine Research Institute the area with a minimum anticipated within a 0.8 km (0.5 mile) radius of the
Manatee Mortality Database 2002). adverse impact to manatees. site. These deaths, recorded since 1974,
There is currently a State-designated, included a single watercraft-related
seasonal, no-entry zone in the Port Sutton Manatee Sanctuary
death and a death associated with cold.
immediate vicinity of the Big Bend We are establishing a seasonal Deaths occurred in December, January,
discharge. We believe that the zone is manatee sanctuary, encompassing and May (Florida Marine Research
too small, however, to prevent approximately 1.1 ha (2.7 acres), at the Institute Manatee Mortality Database).
harassment of manatees by fishermen, warm water discharge of the Tampa Researchers have documented boat
who cast into the aggregation area; Electric Company’s Gannon Electric operators, anglers, and swimmers
therefore, we have designated a larger Generating Station in Tampa Bay, disrupting wintering manatees in outfall
area. A larger manatee sanctuary at this Hillsborough County. This seasonal areas. Boat operators maneuvering
site will improve the protection area closure will prohibit all waterborne within manatee aggregations, anglers
and should adequately protect manatees activity at this site from November 15 hooking manatees, and people pursuing
from harassment from fishing and through March 31, inclusive. In manatees, disturb and disperse these
waterborne activities. addition, we are designating a manatee resting animals, at times forcing them
refuge in the area surrounding the into colder, life-threatening waters
Tampa Electric Company’s Big Bend sanctuary (see ‘‘Port Sutton Manatee (Tyson 1998). Lethal takes are also
Manatee Refuge Refuge’’ below). We have decided to known to occur—manatees have died
We are establishing a manatee refuge, establish this sanctuary based on from entanglement with fishing line and
encompassing approximately 89.35 ha observed manatee use patterns are vulnerable to boat collisions,
(220.79 areas), in the waters adjacent to documented during cold weather especially in high speed unregulated
and south of the manatee sanctuary at periods when the plant was discharging areas (FWCC, unpubl. data).
the Tampa Electric Company’s Big Bend warm water (Wright et al. 2002, Weigle Hillsborough County has adopted a
Electric Generating Station on Tampa et al. 2001, Hartman 1979) and on local ordinance designating this site as
Bay in Hillsborough County to provide observations of takings known to occur a seasonal slow speed manatee
watercraft ingress and egress to the at other warm water sites (Tyson 1998, protection area from November 15
lagoon and canals in North Apollo Wooding 1997). through March 31. The site has yet to be
Beach. Watercraft activity within this Warm water effluent from this plant posted (Chuck Coleman, Hillsborough
refuge will be regulated to idle speed has previously attracted manatees County, pers. comm. 2002).
from November 15 through March 31. during cold weather periods. Similar to
Manatee presence has been other warm water discharges, large Port Sutton Manatee Refuge
documented in this area through aerial numbers of fish are attracted to this We are designating the Port Sutton
surveys, photo-identification studies, heated effluent. As such, both anglers area surrounding the manatee sanctuary
telemetry studies, and a carcass salvage and manatee enthusiasts could be at the Tampa Electric Company’s Port
program. Distribution and abundance attracted to the site, leading to an Sutton (Gannon) Electric Generating
surveys, conducted in the area between increased potential for cases of harm Station, on Tampa Bay in Hillsborough
November 1987 and June 1997, have and harassment to manatees. The area is County, as a manatee refuge. The refuge
documented 2,516 manatees using the presently closed to public access area includes approximately 39.2 ha
site and its immediate surroundings because of security concerns. However, (96.9 acres). Watercraft will be required
throughout the year. Per these survey the sanctuary designation will ensure to proceed at idle speed within this
parameters, there were 538 sightings (a adequate manatee protection should the refuge from November 15 through
sighting may include multiple area reopen in the future. March 31, inclusive.
manatees) observed during the survey Manatee presence has been Manatee presence has been
period. Observed activities primarily documented in this area through aerial documented in this area through aerial
included resting manatees, followed by surveys, photo-identification studies, surveys, photo-identification studies,
observations of traveling animals telemetry studies, and a carcass salvage telemetry studies, and a carcass salvage
(Florida Marine Research Institute program. Two types of surveys have program. Distribution and abundance
Aerial Survey Database). Eighteen been used to document manatee use of surveys, conducted in the area between
manatee carcasses were recovered from this site. Synoptic surveys, conducted November 1987 and June 1997, have
this area, including five from within the during the winter to provide minimum documented 148 manatees using the site
manatee refuge and 13 within a 0.8 km counts, have been conducted here since and its immediate surroundings on a
(0.5 mile) radius of the site. These 1989. Per these surveys, between 25 and sporadic basis throughout the year. Per
deaths, recorded since 1974, include six 50 manatees have been counted in this these survey parameters, there were 55
watercraft-related deaths, including two area (FWCC, unpublished data). sightings (a sighting may include
that occurred within the past five years. Distribution and abundance surveys, multiple manatees) observed during the
Deaths occurred throughout the year conducted in the area between survey period. Observed activities
(Florida Marine Research Institute November 1987 and June 1997, have primarily included resting manatees,
Manatee Mortality Database). documented 106 manatees using the site followed by observations of traveling
The likelihood of adverse manatee and its immediate surroundings on a animals (Florida Marine Research
encounters with watercraft is increased sporadic basis throughout the year. Per Institute Aerial Survey Database). Five
in the vicinity of aggregation sites, such these survey parameters, there were 44 manatee carcasses were recovered in
this area, including one within the occurred in January, April, May, June, current unregulated nature of vessel
manatee refuge. These deaths, recorded July, and August (Florida Marine operation at this site has high potential
since 1974, included two watercraft- Research Institute Manatee Mortality for resulting in manatee take.
related deaths and a death associated Database). Establishing a slow-speed zone outside
with cold. Deaths occurred in Pansy Bayou proper is currently of the main navigation channel will
December, January, March, and May closed under State law to all vessel reduce the potential for take by limiting
(Florida Marine Research Institute traffic except residents, and serves as a vessel speeds in those waters where
Manatee Mortality Database). manatee sanctuary. The site is currently manatees are most likely to occur.
The likelihood of adverse manatee used as a water-ski area, although recent
encounters with watercraft is increased action has been taken by the FWCC to Lemon Bay Manatee Refuge
in the vicinity of wintering sites, such designate the site as a slow speed area. We are establishing a manatee refuge,
as the warm water outfall of the Tampa This action has not yet been containing approximately 383.61 ha
Electric Company’s Port Sutton implemented. The remaining waters (948.06 acres), in Lemon Bay, Charlotte
(Gannon) Electric Generating Station, around the manatee refuge are currently County, from the Charlotte County/
because of the greater concentration of designated by the State as slow speed Sarasota County boundary to a line
animals within these confined areas. (channel included) zones (F.A.C. 62N– approximately 1.6 km (1 mile) south of
Regulating this area as an idle-speed 22.026(2)(a)(4)). High-speed watercraft the Bay Road Bridge, for the purpose of
zone rather than as a sanctuary will operation in this area poses a continuing regulating vessel speeds. Speeds will be
afford watercraft ingress and egress threat to a substantial number of restricted to slow speed, 40 km per hour
through the area with a minimum manatees. Establishment of a slow- (25 miles per hour) in the channel, year-
anticipated adverse impact to manatees. speed zone will minimize the risk of round.
The area is presently closed to public manatee take due to disturbance and/or Manatee presence has been
access because of security concerns watercraft collisions. documented in this area through aerial
related to potential terrorist activities. surveys, photo-identification studies,
Little Sarasota Bay Manatee Refuge
However, the sanctuary designation will telemetry studies, and a carcass salvage
ensure adequate manatee protection We are designating a manatee refuge,
containing approximately 214.20 ha program. Distribution and abundance
should the area reopen in the future. surveys, conducted in the area between
Hillsborough County has adopted a (529.40 acres), to control vessel speeds
in the little Sarasota Bay area between 1987 and 1999, have documented 626
local ordinance designating a small
the Blackburn Point Bridge and manatees using the site and its
portion of this site as a seasonal slow
Intracoastal Waterway Channel Marker immediate surroundings throughout the
speed manatee protection area
‘‘40’’ in Sarasota County. The speed year. Per these survey parameters, there
(November 15 through March 31). The
site has yet to be posted (Chuck designation for this area will be slow were 356 sightings (a sighting may
Coleman, Hillsborough County, pers. speed, 40 km per hour (25 miles per include multiple manatees) observed
comm. 2002). hour) in the channel, year-round. during the survey period. A high count
Manatee presence has been of 13 animals was documented on
Pansy Bayou Manatee Refuge documented in this area through aerial November 4, 1994. Observed activities
We are establishing a manatee refuge, surveys, photo-identification studies, primarily included resting and feeding
containing approximately 47 ha (116.1 telemetry studies, and a carcass salvage manatees, followed by observations of
acres) in the northern Pansy Bayou area program. Distribution and abundance traveling animals (Florida Marine
between City Island and the John surveys, conducted in the area between Research Institute Aerial Survey
Ringling Parkway Bridge on Sarasota November 1985 and June 1999, have Database). Eleven carcasses were
Bay in Sarasota County, to regulate documented 243 manatees using the site recovered from this area; six were
vessel traffic to slow speed year-round. and its immediate surroundings on a recovered within the refuge and the
Manatee presence has been sporadic basis throughout the year. Per remaining five were recovered within
documented in this area through aerial these survey parameters, there were 122 0.8 km (0.5 mile) of the refuge
surveys, photo-identification studies, sightings (a sighting may include boundaries. These deaths, recorded
telemetry studies, and a carcass salvage multiple manatees) observed during the since 1974, include five watercraft-
program. Distribution and abundance survey period. Observed activities related deaths (two of these deaths
surveys, conducted in the area between primarily included traveling manatees, occurred during the last five years).
1985 and 1999, have documented 1,211 followed by observations of resting Deaths occurred between March and
manatees using the site and its animals (Florida Marine Research October (Florida Marine Research
immediate surroundings throughout the Institute Aerial Survey Database). Two Institute Manatee Mortality Database).
year. Per these survey parameters, there manatee carcasses were recovered There are currently no speed zones for
were 533 sightings (a sighting may within 0.8 km (0.5 mile) of the site manatee protection in this portion of
include multiple manatees) observed boundaries. These deaths, recorded Charlotte County, although the FWCC
during the survey period. Observed since 1974, include a watercraft-related has recently adopted regulations to
activities primarily included traveling death and a death involving a perinatal- provide similar protection in this area.
and resting manatees, followed by class animal. Deaths occurred in July The State agency does not believe that
observations of feeding animals (Florida and November (Florida Marine Research the site will be posted until 2003 (Kipp
Marine Research Institute Aerial Survey Institute Manatee Mortality Database). Frohlich, pers. comm. 2002). The
Database). Shallow inshore waters in There are currently no speed zones in unregulated nature of this water body
this area are typified by stands of sea this portion of Sarasota County, makes the taking of manatees very
grass. Seven manatee carcasses were although the State regulates the areas to likely, due to the high speed at which
recovered within a 0.8 km (0.5 mile) the north and south of the site. The watercraft currently travel through areas
radius of the site; no carcasses were State designations include marked frequented by manatees. Establishing a
recovered on-site. These deaths, channels that allow for a maximum slow-speed zone outside of the main
recorded since 1974, included a single travel speed of 40 km per hour (25 miles navigation channel will reduce the
watercraft-related death. Deaths per hour) within the channels. The likelihood of manatee take occurring.
Peace River Manatee Refuge throughout much of this area. There are the river. Similarly, the Shell Island
We are establishing a manatee refuge, also local ordinances in effect in a small channel is a significant travel corridor
containing 1,698.11 ha (4,196.11 acres) portion of this area. The State protection for vessels entering and leaving the Gulf
more or less, in the Peace River (located areas have yet to be posted and and nearshore waters. This funneling of
on the northeast corner of Charlotte enforced. As a result, watercraft both watercraft traveling at high speed
Harbor) in Charlotte and De Soto continue to travel at high speeds and manatees through a narrow channel
Counties. This refuge will include the throughout many areas of the Peace has a high probability for take of
river and specific associated waters River frequented by manatees. This manatees. A slow-speed zone will
refuge will slow vessel traffic in those minimize the likelihood of manatee take
northeast of U.S. Highway 41. Waters
portions of the Peace River where occurring at this site.
within described areas will be regulated
watercraft are most likely to encounter The FWCC is currently promulgating
to allow watercraft to travel at a
manatees, thereby reducing the a boating safety rule for this site. This
maximum speed of 40 km per hour (25
likelihood of take. rule would require boat operators to
miles per hour), while other waters will
be regulated to provide for slow-speed Shell Island Manatee Refuge operate a slow speeds during the day
vessel operation. These regulations will time on week ends for boating safety
We are establishing a manatee refuge, purposes. Dates for completion of rule
be in effect year-round. containing approximately 32.60 ha
Described Areas Include promulgation and sign posting are
(80.50 acres), for the purpose of unknown at this time (Kipp Frohlich,
(a) Slow speed 300 meter (1,000 feet) regulating vessel speeds at slow speed
shoreline buffers between the U.S. pers. comm. 2002).
within the navigation channel that is
Highway 41 and I–75 bridges; located just north of Shell Island at the Haulover Canal Manatee Refuge
(b) slow speed outside of the marked mouth of the Caloosahatchee River, Lee
navigation channel, 40 km per hour (25 We are establishing a manatee refuge,
County. This regulation will be in effect
miles per hour) in the marked channel, containing approximately 8.95 ha (22.11
year-round.
between the I–75 bridge and red Manatee presence has been acres), within the confines of Haulover
channel marker ‘‘14’’; documented in this area through aerial Canal, located at the north end of
(c) 40 km per hour (25 miles per surveys, photo-identification studies, Merritt Island between the Indian River
hour), upstream of red channel marker telemetry studies, and a carcass salvage and Mosquito Lagoon, in Brevard
‘‘14’’; program. Distribution and abundance County. Waters will be designated as
(d) slow speed in Jim Long Lake, surveys, conducted in the area between slow speed, channel included, year-
Hunter Creek, and Deep Creek; and 1984 and 1999, have documented 65 round.
(e) slow speed in Shell Creek (if the manatees using the site and its Manatees moving between Mosquito
U.S. Coast Guard or the State of Florida immediate surroundings. Per these Lagoon and the Indian River travel
approve and designate a marked survey parameters, there were 31 through Haulover Canal. These animals
channel in this area, the channel may be sightings (a sighting may include include a portion of the Atlantic coast
designated as 40 km per hour (25 miles multiple manatees) observed during the sub population that uses northeast
per hour) within the channel. survey period. A high count of 9 Florida and coastal Georgia, a sub
Manatee presence has been animals was documented on June 25, population estimated to include as
documented in this area through aerial 1997. Observed activities primarily many as 300 individuals (Valade,
surveys, photo-identification studies, included traveling and resting manatees. Service, unpubl. data). Manatee
telemetry studies, and a carcass salvage Animals were observed sporadically presence has been documented in this
program. Distribution and abundance throughout the year (Florida Marine area through aerial surveys, photo-
surveys, conducted in the area between Research Institute Aerial Survey identification studies, telemetry studies,
1987 and 1999, have documented 1,020 Database). Sixteen manatee carcasses and a carcass salvage program.
manatees using the site and its have been recovered in this area; three Distribution and abundance surveys,
immediate surroundings throughout the were recovered in the refuge and conducted in the area between 1986 and
year. Per these survey parameters, there remaining 13 were recovered within 0.8 1999, have documented 209 manatees
were 504 sightings (a sighting may km (0.5 mile) of the refuge. These using the site and its immediate
include multiple manatees) observed deaths, recorded since 1974, include surroundings. Per these survey
during the survey period. A high count five watercraft-related deaths. Two of parameters, there were 73 sightings (a
of 15 animals was documented on July these deaths occurred during the last sighting may include multiple
2, 1998. Observed activities primarily five years. Deaths occurred in January, manatees) during the survey period. A
included traveling and resting manatees, February, March, April, July, high count of 13 animals was
followed by observations of feeding September, and November (Florida documented on October 16, 1997.
animals. Animals were observed every Marine Research Institute Manatee Observed activities primarily included
month of the year (Florida Marine Mortality Database). traveling and resting manatees, followed
Research Institute Aerial Survey The site is located at the mouth of the by observations of animals cavorting.
Database). Forty-nine manatee carcasses Caloosahatchee River, which supports a Animals were observed throughout the
have been recovered in this area and 47 large number of manatees. The Florida year (Florida Marine Research Institute
of these were recovered from within the Power and Light electrical generating Aerial Survey Database). Nine carcasses
refuge area. These deaths, recorded station, located on this river, is a major were recovered in this area, including
since 1974, include eleven watercraft- wintering refuge for manatees. On three from within the manatee refuge.
related deaths; three of these deaths January 6, 2001, 434 manatees were The remaining six carcasses were
occurred during the last five years. observed there (Florida Marine Research collected within 0.8 km (0.5 mile) of the
Deaths occurred in all months (Florida Institute Aerial Survey Database). Most site. These deaths, recorded since 1974,
Marine Research Institute Manatee manatees using the Caloosahatchee include six watercraft-related deaths,
Mortality Database). River must pass through the Intracoastal including one that occurred this year.
Manatee protection areas have Waterway navigation channel north of Deaths occurred in January, February,
recently been adopted by the FWCC Shell Island when entering or exiting March, May, September, and December
(Florida Marine Research Institute including one from the refuge proper. For boating recreationists, the
Manatee Mortality Database). These deaths, recorded since 1974, inconvenience and extra time required
The canal proper, located on the include one watercraft-related death. to cross a slow speed zone will reduce
Merritt Island National Wildlife Refuge, Deaths occurred in April, July, and the quality of the waterborne activity for
is currently designated as a slow speed November (Florida Marine Research some participants. The extra time
area, pursuant to an existing national Institute Manatee Mortality Database). required for commercial charter boats to
wildlife refuge designation, authorized The site was recently designated as a reach fishing grounds could reduce on-
under the National Wildlife Refuge slow speed zone by the State; however, site fishing time and could result in
Administration Act. This Act the site has yet to be posted. Given the lower consumer surplus for the trip. The
consolidated the authorities for areas use of the area by manatees, current number of recreationists and charter
administered by us, established the high-speed vessel operation at this boats using the designated sites is not
National Fish and Wildlife Refuge location has a high probability of known. The State of Florida has 943,611
System, and provided that all property resulting in the take of manatees. registered boats but only those boats and
in the System shall be administered by Requiring vessels to proceed at slow recreationists using the designated sites
us for the conservation, management, speed will minimize potential manatee will potentially be affected. However,
and, where appropriate, restoration of takings. since Florida has 12 thousand miles of
the fish, wildlife, and plant resources rivers and streams and 3 million acres
and their habitats within the United Required Determinations
of lakes and ponds it is likely that only
States for the benefit of present and Regulatory Planning and Review a small percentage of boat users will be
future generations of Americans. The affected by this rule. The current
In accordance with the criteria in
canal approaches were recently designation will cause some
Executive Order 12866, this rule is not
designated as slow speed areas by the inconvenience in travel time over these
a significant regulatory action. OMB
FWCC. The approaches have yet to be areas but alternative sites within the
makes the final determination under
posted. Our adoption of the canal zone proximity of the sanctuaries and refuges
Executive Order 12866.
as a manatee refuge, pursuant to the are available for all waterborne
a. This rule will not have an annual
ESA and MMPA, will improve activities. Furthermore, none of the
economic impact of $100 million or
enforcement capabilities and enhance areas designated is the entire surface
the Merritt Island National Wildlife adversely affect an economic sector,
productivity, jobs, the environment, or area of a water body. The un-designated
Refuge’s efforts to protect manatees in parts of the water bodies are available
this area. This final rule eliminates the other units of government. A cost-
benefit analysis is not required. It is not for waterborne activities. Recreationists
protection areas from the approaches in and commercial boaters may be
deference to more extensive State expected that any significant economic
impacts would result from the inconvenienced by having to travel to
measures. As a result, the proposed an un-designated area but they are not
refuge has been reduced in size from establishment of four manatee
sanctuaries (64.03 acres) and nine prohibited from participating in any of
276.30 ha (682.70 acres) to 8.95 ha the waterborne activities. Currently,
(22.11 acres). manatee refuges (6,269.07 acres) in eight
counties in the State of Florida. there are no data sources identified that
Cocoa Beach Manatee Refuge The purpose of this rule is to establish estimate the amount of recreational
We are establishing a manatee refuge, 13 additional manatee protection areas activity in and around the areas to be
containing approximately 23.9 ha (59.1 in Florida. We are proposing to reduce designated as either manatee sanctuaries
acres), to regulate vessel operation at the level of take of manatees by or refuges. However, the majority
slow speed year-round in the area controlling human activity in four areas (6,269.07 acres) of the areas being
adjacent to Municipal Park, just west of designated as manatee sanctuaries and designated are for manatee refuges,
Cocoa Beach in the Banana River, in nine areas designated as manatee which only require reduced speed. The
Brevard County. refuges. Affected waterborne activities 64.03 acres designated as manatee
Manatee presence has been include swimming, diving, snorkeling, sanctuaries are part of larger water
documented in this area through aerial water skiing, surfing, fishing, the use of bodies where unrestricted waterborne
surveys, photo-identification studies, water vehicles, and dredge and fill recreational activity can take place. For
telemetry studies, and a carcass salvage activities. For the four areas designated these reasons, we believe that, although
program. Distribution and abundance as manatee sanctuaries, all waterborne some inconvenience to the public may
surveys, conducted in the area between activities will be prohibited from occur because of reduced travel speeds,
1986 and 1999, have documented 99 November 15 to March 31. For the nine the economic impact will not be
manatees using the site and its areas designated as manatee refuges, the significant.
immediate surroundings. Per these areas will be slow or idle speed zones b. This rule will not create
survey parameters, there were 47 with certain site-specific exceptions, inconsistencies with other agencies’
sightings (a sighting may include including 40 km per hour (25 miles per actions. The precedent to establish
multiple manatees) during the survey hour) in some channels. The economic manatee protection areas has been
period. A high count of nine animals effect of these designations will be established primarily by State and local
was documented on May 22, 1998. measured by the number of governments in Florida. We recognize
Observed activities primarily included recreationists who use alternative sites the important role of State and local
traveling and feeding manatees, for their activity or have a reduced partners and continue to support and
followed by observations of animals quality of the waterborne activity encourage State and local measures to
resting. The area contains significant sea experience at the designated sites. The improve manatee protection. We are
grass beds and is consistently used as a State of Florida has 12,000 miles of designating areas where State and local
foraging area by manatees. Animals rivers and 3 million acres of lakes so the governments have been unable to
were observed throughout the year designation of less than seven thousand implement what we consider to be
(Florida Marine Research Institute acres, most of which is for lower speed adequate measures. We have also
Aerial Survey Database). Three zones, is unlikely to curtail any focused the designation on those sites in
carcasses were recovered from this area, waterborne activity. which we have determined that Federal
action can effectively address the needs d. This rule will not raise novel legal in Brevard, De Soto, and Pinellas
in the particular area, recognizing that or policy issues. We have previously Counties where it is lower. Larger
we face certain resource limitations. We established other manatee protection households account for the lower per
are eager to work with State and local areas. capita income estimates in these
agencies to develop and implement Regulatory Flexibility Act counties. The proportion of total
their own measures in the areas industry earnings coming from the
described in this final rule that would We certify that this rule will not have amusements and recreation sector
be equally protective of manatees and a significant economic effect on a
ranges from 0.5 percent in Brevard
equally consistent with other measures, substantial number of small entities as
County to 2.7 percent in Sarasota
and thus would allow us to remove defined under the Regulatory Flexibility
County. All of these counties had the
Federal designations and protections. Act (5 U.S.C. 601 et seq.). An initial/
final Regulatory Flexibility Analysis is service sector as the largest economic
c. This rule will not materially affect not required. Accordingly, a Small contributor followed by retail trade and
entitlements, grants, user fees, loan Entity Compliance Guide is not the real estate sectors, with the
programs, or the rights and obligations required. exception of De Soto County where
of their recipients. There are minimal Selected economic characteristics of retail trade is the largest economic
restrictions to existing human uses of the affected counties are shown in Table contributor. Overall, the affected
the proposed sites as a result of this 2. As can be seen in the table, the counties had only a small proportion of
rule, but the restriction is believed to growth rate in per capita income is earnings coming from the amusement
enhance manatee viewing opportunities. slower than the State average in Citrus, and recreation sector. As a result, a
No entitlements, grants, user fees, loan Brevard, Charlotte, and Lee Counties but small impact to the recreation sector
programs or the rights and obligations of the rate of growth in total personal would not result in a significant effect
their recipients are expected to occur. income exceeds the State average except on county-level income.
TABLE 2.—ECONOMIC CHARACTERISTICS OF THE EIGHT AFFECTED COUNTIES IN FLORIDA—1997
Services in-
dustry earn-
Per capita 10 year rate 10 year rate Total indus- ings for
personal in- Personal in- Percent
Affected Florida counties Employment of growth of growth try earnings amuse-
come come ($000) of total
(dollars) (dollars) ($000) ments and
(dollars) recreation
($000)
Sanctuaries:
Citrus ......................... 35,663 $18,493 3.9 $2,060,167 6.9 $793,347 $6,650 0.8
Hillsborough .............. 644,694 23,719 5.2 1,558,783 6.6 18,847,236 67,676 1.4
Pinellas ..................... 506,946 28,367 4.9 24,770,929 5.5 13,876,518 114,826 0.8
Refuges:
Brevard ..................... 223,815 $22,205 3.7 $10,342,080 6.3 $6,225.354 $34,237 0.5
Charlotte ................... 47,091 21,861 3.7 2,894,781 7.6 995,159 10,336 1.0
De Soto ..................... 11,977 18,968 5.2 469,998 6.3 251,421 1,644 0.7
Lee ............................ 196,448 25,568 4.4 9,862,900 7.3 4,848,936 61,103 1.3
Sarasota .................... 169,984 35,654 5.2 10,706,931 6.8 4,239,034 114,742 2.7
State of Florida ......... 8,032,538 $24,799 4.5 $363,979,647 6.6 220,985,959 4,255,304 1.9
Source: http://govinfo.library.orst.edu/cgi-bin/reis-list.
The employment characteristics of the employees with the largest number of (64.03 acres), the restriction on human
eight affected counties are shown on establishments employing less than four activity from November 15 to March 31
Table 3. The latest available published employees. If there are any economic may cause some recreationists to go to
data for the total number of impacts associated with this rule, they alternative sites. The designated areas
establishments in SIC (Standard will affect some proportion of these are relatively small and are part of large
Industrial Classification) codes 09, 44, small entities. Since the bulk of the water bodies where there are large areas
59, 79, services, and not classified is acreage designated (6,269.07 acres) by which do not restrict human activity.
1997. These SIC codes represent this rule is for manatee refuges, which Recreationists can pursue waterborne
establishments providing products only require a reduction in speed, we do activities in close proximity to the
associated with fishing, hunting, not believe the minor inconvenience manatee sanctuaries without entering
trapping, water transportation, caused by going slower in designated the sanctuaries. For this reason, we
miscellaneous retail, services, areas will cause more than an believe that there will be an
amusement and recreation services and insignificant economic effect. The insignificant economic effect from the
nonclassifiable establishments. These inconvenience may cause some designation of the areas as manatee
are the establishments most likely to be recreationists to go to alternative sites sanctuaries. Without a significant
directly associated with recreationists which may cause some loss of income change in recreationist use patterns
pursuing waterborne activities where to some small businesses. However, the there should be an equally insignificant
manatees may be involved. As can be inconvenience is small so we believe change in business activity.
seen on Table 3, of the total number of that this will not be a significant
establishments in these SIC codes, a economic dislocation. For the four areas
large proportion employ less than nine designated as manatee sanctuaries
TABLE 3.—EMPLOYMENT CHARACTERISTICS OF THE EIGHT AFFECTED COUNTIES IN FLORIDA—1997 (INCLUDES SIC
CODES 09, 44,59,79, SERVICES, AND NCE) 1
Number of
Number of Number of Number of establish-
establish- establish- establish-
Mid-March Total estab- ments
Affected Florida counties ments ments ments
employment lishments (20 and
(1–4 em- (5–9 em- (10–19 em- over em-
ployees) ployees) ployees) ployees)
Sanctuaries:
Citrus ......................................................................... 8,926 1,281 807 244 120 110
Pinellas ..................................................................... 197,842 12,852 7,954 2,344 1,226 1,328
Hillsborough .............................................................. 232,128 12,363 7,316 2,261 1,308 1,478
Refuges:
Brevard ..................................................................... 65,049 5,292 3,145 1,075 581 491
Charlotte ................................................................... 13,759 1,044 655 214 95 80
De Soto ..................................................................... 4,648 186 121 38 18 10
Lee ............................................................................ 63,411 4,977 3,061 930 494 492
Sarasota .................................................................... 73,819 5,125 3,231 936 473 485
Source: http://govinfo.library.orst.edu/cgi-bin/reis-list.
1 SIC 09—Fishing, hunting, and trapping.
SIC 44—Water transportation.
SIC 59—Miscellaneous retail service divisions.
SIC 79—Amusement and recreation services.
NCE=non-classifiable establishments division.
Small Business Regulatory Enforcement investment, productivity, innovation, or Federalism

Fairness Act the ability of U.S.-based enterprises to In accordance with Executive Order
This rule is not a major rule under 5 compete with foreign-based enterprises. 13132, the rule does not have significant
U.S.C. 804(2). This rule: As stated above, this rule may generate Federalism effects. A Federalism
a. Does not have an annual effect on some level of inconvenience to assessment is not required. This rule
the economy of $100 million or more. recreationists because of speed limits will not have substantial direct effects
As shown above, this rule may cause and seasonal closures, but it is believed on the State, in the relationship between
some inconvenience to recreationists to be minor and will not interfere with the Federal Government and the State,
because of speed restrictions in manatee the normal operation of businesses in or on the distribution of power and
refuge areas and seasonal or year-round the affected counties. Added travel time responsibilities among the various
closures in manatee sanctuaries, but this to traverse some areas is not expected to levels of government. As discussed
should not translate into any significant be a major factor that will impact earlier, we coordinated with the State of
business reductions for the many small business activity. Florida to the extent possible on the
businesses in the eight affected Unfunded Mandates Reform Act development of this rule.
counties. An unknown portion of the
establishments shown on Table 3 could In accordance with the Unfunded Civil Justice Reform
be affected by this rule. Because the Mandates Reform Act (2 U.S.C. 1501 et In accordance with Executive Order
restrictions on recreational activity are seq.): 12988, the Office of the Solicitor has
believed to be no more than an a. This rule will not ‘‘significantly or determined that the rule does not
inconvenience for recreationists, we uniquely’’ affect small governments. A unduly burden the judicial system and
believe that any economic effect on Small Government Agency Plan is not meets the requirements of sections 3(a)
small entities resulting from changes in required. The designation of manatee and 3(b)(2) of the Order.
recreational use patterns will be refuges and sanctuaries imposes no new
insignificant also. Paperwork Reduction Act
obligations on State or local
b. Will not cause a major increase in governments. This regulation does not contain
costs or prices for consumers, collections of information that require
individual industries, Federal, State, or b. This rule will not produce a approval by the Office of Management
local government agencies, or Federal mandate of $100 million or and Budget under 44 U.S.C. 3501 et seq.
geographic regions. It is unlikely that greater in any year, i.e., it is not a The regulation will not impose new
there are unforeseen changes in costs or ‘‘significant regulatory action’’ under recordkeeping or reporting requirements
prices for consumers stemming from the Unfunded Mandates Reform Act. on State or local governments,
this rule. The charter boat industry may Takings individuals, businesses, or
be affected with lower speed limits for organizations.
some areas when traveling to and from In accordance with Executive Order
12630, the rule does not have significant National Environmental Policy Act
fishing grounds. Based on an analysis of
public comment, further refinement of takings implications. A takings We have analyzed this rule in
the impact on this industry may be implication assessment is not required. accordance with the criteria of the
possible. We believe that it is unlikely The manatee protection areas are National Environmental Policy Act.
that reduced speed limits and seasonal located over State- or privately-owned This rule does not constitute a major
closures will result in a significant submerged bottoms. Any property Federal action significantly affecting the
economic effect. owners in the vicinity will have quality of the human environment. An
c. Does not have significant adverse navigational access to and the environmental assessment has been
effects on competition, employment, wherewithal to maintain their property. prepared and is available for review
upon request by writing to the Field References Cited following paragraph (a)(7) and revise the
Supervisor (see ADDRESSES section). A complete list of all references cited note to precede the map;
Government-to-Government in this rule is available upon request c. Revise paragraphs (a)(8) through
Relationship with Tribes from the Jacksonville Field Office (see (a)(11);
ADDRESSES section). d. Revise paragraphs (b) and (c)(1)
In accordance with the President’s through (c)(5);
memorandum of April 29, 1994, Author
e. Add paragraphs (c)(6) through
‘‘Government-to-Government Relations The primary author of this document (c)(11).
with Native American Tribal is Jim Valade (see ADDRESSES section).
Governments’’ (59 FR 22951), Executive The revised and added text reads as
Order 13175 and the Department of the Authority follows:
Interior’s manual at 512 DM 2, we The authority to establish manatee § 17.108 List of designated manatee
readily acknowledge our responsibility protection areas is provided by the protection areas.
to communicate meaningfully with Endangered Species Act of 1973, as
federally recognized Tribes on a (a) Manatee sanctuaries. The
amended (16 U.S.C. 1531 et seq.), and following areas are designated as
Government-to-Government basis. We the Marine Mammal Protection Act of
have evaluated possible effects of this manatee sanctuaries. All waterborne
1972 (16 U.S.C. 1361–1407), as activities are prohibited in these areas
rule on Federally recognized Indian amended.
tribes and have determined that there during the period November 15–March
are no effects. List of Subjects in 50 CFR Part 17 31 of each year. The areas which will be
posted are described as follows:
Energy Supply, Distribution or Use Endangered and threatened species,
Exports, Imports, Reporting and * * * * *
(Executive Order 13211) (7) * * *
recordkeeping requirements,
On May 18, 2001, the President issued Transportation. Note: Map for paragraphs (a)(1) through
Executive Order 13211 on regulations (a)(7) follows:
that significantly affect energy supply, Regulation Promulgation
distribution, and use. Executive Order Accordingly, we amend part 17, * * * * *
13211 requires agencies to prepare subchapter B of chapter I, title 50 of the (8) That part of the Homosassa River,
Statements of Energy Effects when Code of Federal Regulations, as follows: Homosassa, Citrus County, Florida,
undertaking certain actions. Because within Section 28, Township 19 South,
this rule is not a significant regulatory PART 17—[AMENDED] Range 17 East, described as the
action under Executive Order 12866 and headwaters of the Homosassa River
it only requires vessels to either 1. The authority citation for part 17 (adjacent to the Homosassa Springs
seasonally or completely avoid four continues to read as follows: State Wildlife Park), including the
areas (64.03 acres) or proceed at slow or Authority: 16 U.S.C. 1361–1407; 16 U.S.C. spring run at the point where the run
idle speeds in 6,269.07 acres of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– enters the northeast fork of the river
waterways in Florida, it is not expected 625, 100 Stat. 3500; unless otherwise noted. along the southeastern shore and an area
to significantly affect energy supplies, 2. Amend § 17.108 as follows: opposite this site along the southern
distribution, and use. Therefore, this a. Revise the introductory text of shoreline; containing approximately
action is a not a significant energy paragraph (a); 0.67 ha (1.66 acres). Map follows (see
action and no Statement of Energy b. Permanently designate the Kings Blue Waters Manatee Sanctuary):
Effects is required. Bay map at its current location BILLING CODE 4310–55–P
(9) That part of Tampa Bay, St. northern shore of Weedon Island, containing approximately 12.07 ha
Petersburg, Pinellas County, Florida, encircling that point where the (29.82 acres). Map follows (see Bartow
within Sections 16 and 21, Township 30 discharge enters receiving waters along Electric Generating Plant Manatee
South, Range 17 East, described as the the western shore of Old Tampa Bay; to Sanctuary):
warm-water outflow of the Bartow be known as the Bartow Electric
Electric Generating Plant located on the Generating Plant Manatee Sanctuary,
ER08NO02.020</GPH>
(10) That part of Tampa Bay, Tampa, of the Tampa Electric Company Big Company Big Bend Manatee Sanctuary,
Hillsborough County, Florida, within Bend Electric Generating Station located containing approximately 12.08 ha
Sections 10 and 15, Township 31 South, west of Jackson Branch and including (29.85 acres). Map follows (See TECO
Range 19 East, described as the waters the Big Bend area of eastern Tampa Bay, Big Bend Manatee Sanctuary):
in and around the warm-water outflow to be known as the Tampa Electric
ER08NO02.021</GPH>
(11) That part of Tampa Bay, Tampa, water outflow of the Tampa Electric approximately 1.1 ha (2.7 acres). Map
Hillsborough County, Florida, lying Company Gannon Electric Generating follows (see Port Sutton Manatee
within Section 4, Township 30 South, Station, to be known as the Port Sutton Sanctuary):
Range 19 East, described as the warm- Manatee Sanctuary, containing
ER08NO02.022</GPH>
(b) Exceptions—(1) Exception for (2) Exception for publicly and (c) * * *
residents adjoining the areas described privately owned property adjoining the (1) The Barge Canal Manatee Refuge.
in paragraphs (a)(1) through (a)(7) of areas described in paragraphs (a)(8) (i) The Barge Canal Manatee Refuge is
this section. Watercraft access to private through (a)(11) of this section. described as all waters lying within the
residences, boat houses, and boat docks Watercraft access and property banks of the Barge Canal, Brevard
through these sanctuaries by the maintenance activities within County, Florida, including all waters
residents and their authorized guests is sanctuaries by property owners, their lying within the marked channel in the
permitted. Any such authorized boating employees, and designees are permitted. Banana River that lie between the east
activity must be conducted by operating Any such authorized boating activity entrance of the Barge Canal and the
watercraft at idle speed/no wake. must be conducted by operating Canaveral Locks; containing
watercraft at idle speed. Watercraft will approximately 276.3 ha (682.7 acres).
Residents’ watercraft will be identified
be identified by the placement of a
by the placement of a sticker provided (ii) Watercraft are required to proceed
sticker provided by the Fish and
by the Fish and Wildlife Service in a Wildlife Service in a conspicuous at slow speed (channel included) all
conspicuous location on each vessel. location on each boat or by other means. year. The use of watercraft at speeds
Use of the waters within the sanctuaries Maintenance activities include those greater than slow speed is prohibited
by watercraft will be only for the actions necessary to maintain property throughout the Barge Canal Manatee
purpose of access to residences and the and waterways, subject to any Federal, Refuge.
storage of such watercraft in waters State, and local government permitting (iii) Map of the Barge Canal Manatee
adjacent to residences. requirements. Refuge follows:
ER08NO02.023</GPH>
(2) The Sykes Creek Manatee Refuge. curve (said boundary being a line (ii) Watercraft are required to proceed
(i) The Sykes Creek Manatee Refuge is bearing east from a point on the western at slow speed (channel included) all
described as all waters, including the shoreline of Sykes Creek at approximate year. The use of watercraft at speeds
marked channel in Sykes Creek, Brevard latitude 28 degrees 23′24″ N, greater than slow speed is prohibited
County, Florida. In particular, the approximate longitude 80 degrees throughout the Sykes Creek Manatee
portion of Sykes Creek southerly of the 41′27″ W) and northerly of the Sykes Refuge.
southern boundary of that portion of the Creek Parkway; containing (iii) Map of the Sykes Creek Manatee
creek commonly known as the ‘‘S’’ approximately 342.3 ha (845.8 acres). Refuge follows:
ER08NO02.024</GPH>
(3) The Tampa Electric Company’s Electric Generating Station within from operating at speeds greater than
Big Bend Manatee Refuge. (i) The Hillsborough County, Florida; idle speed from November 15 through
Tampa Electric Company’s Big Bend containing approximately 89.35 ha March 31, inclusive.
Manatee Refuge is described as the (220.79 acres). (iii) Map of the Tampa Electric
entrance channel and those waters (ii) Watercraft are required to operate Company’s Big Bend Manatee Refuge
south of the manatee sanctuary at the at idle speed from November 15 through follows (see TECO Big Bend Manatee
Tampa Electric Company’s Big Bend March 31. Watercraft are prohibited Refuge):
ER08NO02.025</GPH>
(4) The Port Sutton Manatee Refuge. containing approximately 39.2 ha (96.9 greater than idle speed from November
(i) The Port Sutton Manatee Refuge is acres). 15 through March 31, inclusive.
described as those waters surrounding (ii) Watercraft are required to operate (iii) Map of Port Sutton Manatee
the Port Sutton Manatee Sanctuary, at idle speed from November 15 through
Refuge follows (see Port Sutton Manatee
including all waters within Port Sutton, March 31, inclusive. Watercraft are
Refuge):
Hillsborough County, Florida; prohibited from operating at speeds
ER08NO02.026</GPH>
(iv) Map showing the relative and Port Sutton areas of Tampa Bay follows (see Tampa Bay Manatee
locations of the Bartow, TECO Big Bend, Sanctuaries and Refuges):
ER08NO02.027</GPH>
(5) The Pansy Bayou Manatee Refuge. with the centerline of the John Ringling aforementioned John Ringling Parkway
(i) The Pansy Bayou Manatee Refuge is Parkway (running northwesterly from (running Northwesterly from St.
described as that portion of Sarasota St. Armands Key), northwesterly of a Armands Key); containing
Bay, Sarasota County, Florida, lying line 320 meters (1,050 feet) approximately 47 ha (116.1 acres).
northwesterly of a line 45.7 meters (150 northwesterly of and parallel with a line (ii) Watercraft are required to proceed
feet) northwesterly of and parallel with perpendicular to the aforementioned at slow speed year-round. Watercraft are
a line perpendicular to the John John Ringling Parkway Bridge prohibited from operating in excess of
Ringling Parkway Bridge connecting St. connecting St. Armands Key to City slow speed throughout the year in this
Armands Key to City Island from the Island from the northwesterly end of area.
northwesterly end of said bridge, said bridge, and southwesterly of a line (iii) Map of the Pansy Bayou Manatee
southwesterly of a line 228.6 meters 990.6 meters (3,250 feet) northeasterly Refuge follows (See Pansy Bayou
(750 feet) northeasterly of and parallel of and parallel with the centerline of the Manatee Refuge):
ER08NO02.028</GPH>
(6) The Little Sarasota Bay Manatee longitude 82 degrees 30′ 05″ W) and from operating in excess of slow speed
Refuge. (i) The Little Sarasota Bay those waters lying northerly of the outside of the channel and operating at
Manatee Refuge is described as those Blackburn Point Bridge, Sarasota speeds in excess of 40 kilometers per
waters lying southerly of a line that County, Florida; containing hour (25 miles per hour) within the
bears north 90 degrees 00′00″ E (true) approximately 214.2 ha (529.40 acres). channel, year-round.
and runs through the southerly tip of (ii) Watercraft are required to proceed
the first unnamed island south of Red at slow speed, 40 kilometers per hour (iii) Map of the Little Sarasota Bay
Intracoastal Waterway Channel Marker (25 miles per hour) within the channel, Manatee Refuge follows (see Little
‘‘40’’ (latitude 27 degrees 10′ 07″ N, year-round. Watercraft are prohibited Sarasota Bay Manatee Refuge):
ER08NO02.029</GPH>
(7) The Lemon Bay Manatee Refuge. south of the Bay Road Bridge; outside of the channel and operating at
(i) The Lemon Bay Manatee Refuge is containing approximately 383.61 ha speeds in excess of 40 kilometers per
described as those waters of Lemon Bay (948.06 acres). hour (25 miles per hour) within the
lying south of the Sarasota/Charlotte (ii) Watercraft are required to proceed channel, year-round.
County, Florida, boundary and north of at slow speed, 40 kilometers per hour
(iii) Map of the Lemon Bay Manatee
a line north 60 degrees 14′00″ E (true) (25 miles per hour) within the channel,
Refuge follows (see Lemon Bay Manatee
parallel with a series of small islands year-round. Watercraft are prohibited
approximately 1.6 kilometer (1 mile) from operating in excess of slow speed Refuge):
ER08NO02.030</GPH>
(8) The Peace River Manatee Refuge. traveling in excess of slow speed within (iv) In the waters of the Peace River
(i) The Peace River Manatee Refuge is the posted shoreline buffer between the in Charlotte and De Soto Counties
described as all waters of the Peace U.S. Highway 41 and I–75 bridges and upstream of red channel marker ‘‘14,’’
River and certain associated water are further prohibited from operating in watercraft are allowed to travel at a
bodies north and east of the U.S. excess of 40 kilometers per hour (25 maximum speed of 40 kilometers per
Highway 41, Charlotte and De Soto miles per hour) outside the buffer hour (25 miles per hour) year-round.
Counties, Florida; containing throughout the year. Watercraft are prohibited from traveling
approximately 1.698.11 ha (4,196.11 in excess of 40 kilometers per hour (25
acres). (iii) In the Peace River within
miles per hour), year-round, in this area.
(ii) In the Peace River in Charlotte Charlotte County and upstream of I–75 (v) Within the waters of Jim Long
County, watercraft are required to travel to red channel marker ‘‘14,’’ watercraft Lake and Hunter Creek in Charlotte and
at slow speed within a posted shoreline are required to travel at slow speed De Soto Counties, watercraft are
buffer between the US Highway 41 and outside of the marked navigation required to travel at slow speed year-
I–75 bridges. The buffer is channel. Watercraft are allowed to travel round. Watercraft are prohibited from
approximately 300 meters (1,000 feet) at a maximum speed of 40 kilometers traveling in excess of slow speed in this
from shore except in a slightly larger per hour (25 miles per hour) year-round area, year-round.
area north and west of I–75 to be inside the marked navigation channel. (vi) Within the waters of Deep Creek
consistent with recently adopted Florida Watercraft are prohibited from traveling in Charlotte and De Soto Counties,
Fish and Wildlife Conservation in excess of slow speed in areas outside watercraft are required to travel at slow
Commission’s regulations. Watercraft of the navigation channel and are speed year-round. Watercraft are
are allowed to travel at a maximum further prohibited from traveling in prohibited from traveling in excess of
speed of 40 kilometers per hour (25 excess of 40 kilometers per hour (25 slow speed in this area, year-round.
miles per hour) year-round outside the miles per hour) inside the marked (vii) Within the waters of Shell Creek
ER08NO02.031</GPH>
buffer. Watercraft are prohibited from navigation channel, year-round. in Charlotte County, watercraft are
required to travel at slow speed year- Seaboard Railroad trestles, watercraft Watercraft are prohibited from traveling
round with the following exception. will be allowed to travel at a maximum in excess of slow speed in this area,
Should a U.S. Coast Guard or State of speed of 40 kilometers per hour (25 year-round.
Florida approved marked navigation miles per hour) in this section of Shell
(viii) Map of the Peace River Manatee
channel be established in that portion of Creek upon posting by the Fish and
Refuge follows (see Peace River Manatee
Shell Creek approximately 1.6 Wildlife Service or the Florida Fish and
kilometers (1 mile) downstream of the Wildlife Conservation Commission. Refuge):
(9) The Shell Island Manatee Refuge. (approximate latitude 26 degrees 31′37″ traveling in excess of slow speed in this
(i) The Shell Island Manatee Refuge is N, approximate longitude 81 degrees area, year-round.
described as all waters within the 59′46″ W), Lee County, Florida; (iii) Map of the Shell Island Manatee
marked Intracoastal Waterway channel containing approximately 32.6 ha (80.5
Refuge follows (see Shell Island
between Green Marker ‘‘99’’ acres).
Manatee Refuge):
(approximate latitude 26 degrees 31′00″ (ii) Watercraft are required to proceed
N, approximate longitude 82 degrees at slow speed (channel included) year-
00′52″ W) and Green Marker ‘‘93’’ round. Watercraft are prohibited from
ER08NO02.032</GPH>
(10) The Haulover Canal Manatee County, Florida; containing traveling in excess of slow speed in this
Refuge. (i) The Haulover Canal Manatee approximately 8.95 ha (22.11 acres). area, year-round.
Refuge is described as all waters lying (ii) Watercraft are required to proceed (iii) Map of the Haulover Canal
within Haulover Canal in Brevard at slow speed (channel included) year- Manatee Refuge follows (see Haulover
round. Watercraft are prohibited from Canal Manatee Refuge):
ER08NO02.033</GPH>
(11) The Cocoa Beach Manatee southwest corner of the Municipal Golf Township 25 South, Range 37 East;
Refuge. (i) The Cocoa Beach Manatee Course shoreline, thence south to containing approximately 23.9 ha (59.1
Refuge is described as the waterbody marker ‘‘502,’’ thence westerly acres).
west of Municipal Park within the City (inclusive of the area known as the ‘‘400 (ii) Watercraft are required to proceed
of Cocoa Beach, Florida, commencing at Channel’’) to Red marker ‘‘500,’’ thence at slow speed (channel included) year-
a point 45.7 meters (150 feet) west of the northerly to Red marker ‘‘309,’’ round. Watercraft are prohibited from
southwest corner of the canal running inclusive of the ‘‘400 Channel,’’ thence traveling in excess of slow speed in this
between Willow Green and Country southeasterly to the southwest corner of area, year-round.
Club Roads, thence southerly (and the canal referenced as the point of (iii) Map of the Cocoa Beach Manatee
parallel to the golf course shoreline) to origin, all these waters being within the Refuge follows (see Cocoa Beach
a point 45.7 meters (150 feet) west of the eastern half of Sections 8 and 17, Manatee Refuge):
ER08NO02.034</GPH>
Dated: October 31, 2002.

Paul Hoffman,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 02–28278 Filed 11–5–02; 9:57 am]
BILLING CODE 4310–55–C
ER08NO02.035</GPH>

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BILLING CODE 4310–55–C

Small Business Regulatory Enforcement investment, productivity, innovation, or Federalism

Dated: October 31, 2002.

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