70382 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

This rule will not result in any 

combined expenditure by State, local, or 

tribal governments. 

Executive Order 12630 (Takings) 

Under Executive Order 12630, this 

rule does not have significant takings 

implications. Under Executive Order 

12630, this rule does not affect any 

constitutionally protected property 

rights. This rule will not result in the 

physical occupancy of property, the 

physical invasion of property, or the 

regulatory taking of any property. A 

takings implication assessment is not 

required. The purpose of this rule is to 

confer designated port status on the 

ports of Houston, Louisville, and 

Memphis. The result will be easing the 

financial and administrative burden on 

the public by eliminating the need for 

non-designated port permits, and 

decreasing or eliminating the 

administrative fees associated with 

shipment inspections. Therefore, this 

rule does not have significant takings 

implications. 

Executive Order 13132 (Federalism) 

Under Executive Order 13132, this 

rule does not have significant 

Federalism effects. A Federalism 

evaluation is not required. This rule will 

not have a substantial direct effect on 

the States, on the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.

Executive Order 12988 (Civil Justice 

Reform) 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

that this rule does not overly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. Specifically, this rule has 

been reviewed to eliminate errors and 

ensure clarity, has been written to 

minimize lawsuits, provides a clear 

legal standard for affected actions, and 

specifies in clear language the effect on 

existing Federal law or regulation. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any 

information collection requirements that 

require approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

National Environmental Policy Act 

This rule has been analyzed under the 

criteria of the National Environmental 

Policy Act and 318 DM 2.2(g) and 

6.3(D). This rule does not amount to a 

major Federal action significantly 

affecting the quality of the human 

environment. An environmental impact 

statement/evaluation is not required. 

This rule is categorically excluded from 

further National Environmental Policy 

Act requirements, under part 516 of the 

Departmental Manual, Chapter 2, 

Appendix 1.10. 

Executive Order 13175 (Tribal 

Consultation) and 512 DM 2 

(Government-to-Government 

Relationship With Tribes) 

Under the President’s memorandum 

of April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951), Executive Order 13175, and 512 

DM 2, we have evaluated possible 

effects on Federally recognized Indian 

tribes and have determined that there 

are no effects. Individual tribal members 

are subject to the same regulatory 

requirements as other individuals who 

engage in the import and export of 

wildlife or wildlife products. 

Executive Order 13211 (Energy Supply, 

Distribution, or Use) 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. The 

purpose of this rule is to confer 

designated port status on the ports of 

Houston, Louisville, and Memphis. This 

rule is not a significant regulatory action 

under Executive Order 12866 and it is 

not expected to significantly affect 

energy supplies, distribution, and use. 

Therefore, this action is a not a 

significant energy action and no 

Statement of Energy Effects is required. 

Endangered Species Act 

A determination has been made under 

section 7 of the ESA that the revision of 

part 14 will not affect federally listed 

species. 

Author 

The originator of this rule is Mark 

Phillips, Office of Law Enforcement, 

U.S. Fish and Wildlife Service, 

Washington, DC.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish, 

Imports, Labeling, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife.

Regulation Promulgation

■ For the reasons described above, we 

amend part 14, subchapter B of chapter 

1, title 50 of the Code of Federal 

Regulations as set forth below.

PART 14—IMPORTATION, 

EXPORTATION, AND 

TRANSPORTATION OF WILDLIFE

■ 1. The authority citation for part 14 

continues to read as follows:

Authority: 16 U.S.C. 668, 704, 712, 1382, 

1538(d)–(f), 1540(f), 3371–3378, 4223–4244, 

and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701.

■ 2. Revise § 14.12 to read as follows:

§ 14.12 Designated ports. 

The following ports of entry are 

designated for the importation and 

exportation of wildlife and wildlife 

products and are referred to hereafter as 

‘‘designated ports’’:

(a) Anchorage, Alaska. 

(b) Atlanta, Georgia. 

(c) Baltimore, Maryland. 

(d) Boston, Massachusetts. 

(e) Chicago, Illinois. 

(f) Dallas/Fort Worth, Texas. 

(g) Honolulu, Hawaii. 

(h) Houston, Texas. 

(i) Los Angeles, California. 

(j) Louisville, Kentucky. 

(k) Memphis, Tennessee. 

(l) Miami, Florida. 

(m) New Orleans, Louisiana. 

(n) New York, New York. 

(o) Portland, Oregon. 

(p) San Francisco, California. 

(q) Seattle, Washington.

Dated: November 29, 2004. 

David P. Smith, 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks.

[FR Doc. 04–26717 Filed 12–3–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AT65 

Endangered and Threatened Wildlife 

and Plants; Establishment of an 

Additional Manatee Protection Area in 

Lee County, FL

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Emergency rule.

SUMMARY: We, the Fish and Wildlife 

Service (Service), as required by 

regulation, hereby provide notice of the 

termination of the emergency 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70383

establishment of the Pine Island-Estero 

Bay Refuge, which was effective upon 

publication of a rule in the Federal 

Register on August 6, 2004, until 

December 6, 2004. We also published a 

proposed rule to establish these areas as 

the Pine Island-Estero Bay Manatee 

Refuge by standard rulemaking 

procedures on August 6, 2004. Due to 

delays caused by recent hurricanes in 

Florida (i.e., Charley, Frances, and 

Jeanne) and in order to provide for 

continued protection of this area during 

the rulemaking process, while allowing 

adequate time for public hearings and 

comments on the proposed designation, 

we are hereby using our emergency 

authority to re-establish the temporary 

Pine Island-Estero Bay Refuge, effective 

December 6, 2004. The area established 

by this rule will be a manatee refuge, 

and watercraft will be required to 

proceed at either ‘‘slow speed’’ or at not 

more than 25 miles per hour, on an 

annual or seasonal basis, as marked. 

While adjacent property owners must 

comply with the speed restrictions, the 

designation will not preclude ingress 

and egress to private property. This 

action is authorized under the 

Endangered Species Act of 1973, as 

amended (ESA), and the Marine 

Mammal Protection Act of 1972, as 

amended (MMPA), based on our 

determination that there is substantial 

evidence of imminent danger of taking 

one or more manatees and the 

emergency designation of a manatee 

refuge is necessary to prevent such 

taking. In evaluating the need for 

emergency designation of this manatee 

protection area, we considered the 

biological needs of the manatee, the 

level of take at these sites, and the 

likelihood of additional take of 

manatees due to human activity. We 

anticipate making a final determination 

on these sites in a final rule within the 

120-day effective period of this 

emergency designation, unless State or 

local governments implement measures 

at these sites that would, in our view, 

make such establishment unnecessary to 

prevent the taking of one or more 

manatees.

DATES: In accordance with 50 CFR 

17.106, the effective date for this action 

will be December 6, 2004, which will 

also be the date of publication in the 

following newspapers: Fort Myers 

News-Press; Cape Coral Daily Breeze; 

and, Naples Daily News. This 

emergency action will remain in effect 

for 120 days after publication in the 

Federal Register (through April 5, 

2005).

ADDRESSES: The complete file for this 

rule is available for inspection, by 

appointment, during normal business 

hours at the South Florida ES Field 

Office, U.S. Fish and Wildlife Service, 

1339 20th Street, Vero Beach, Florida 

32960.

FOR FURTHER INFORMATION CONTACT: Jay 

Slack (see ADDRESSES section), 

telephone (772) 562–3909.

SUPPLEMENTARY INFORMATION: 

Background

The West Indian manatee (Trichecus 

manatus) is federally listed as an 

endangered species under the ESA (16 

U.S.C. 1531 et seq.) (32 FR 4001) and is 

further protected under the MMPA (16 

U.S.C. 1361–1407). Manatees reside in 

freshwater, brackish, and marine 

habitats in coastal and inland 

waterways of the southeastern United 

States. The majority of the population 

can be found in waters of the State of 

Florida throughout the year, and nearly 

all manatees winter in peninsular 

Florida during the winter months. The 

manatee is a cold-intolerant species and 

requires warm water temperatures 

generally above 20 °Celsius (68 

°Fahrenheit) to survive during periods 

of cold weather. During the winter 

months, most manatees rely on warm 

water from natural springs and 

industrial discharges for warmth. In 

warmer months, they expand their range 

and are occasionally seen as far north as 

Rhode Island on the Atlantic Coast and 

as far west as Texas on the Gulf Coast. 

Recent information indicates that the 

overall manatee population has grown 

since the species was listed (Service 

2001). However, in order for us to 

determine that an endangered species 

has recovered to a point that it warrants 

removal from the List of Endangered 

and Threatened Wildlife and Plants, the 

species must have improved in status to 

the point at which listing is no longer 

appropriate under the criteria set out in 

section 4(a)(1) of the ESA. 

Human activities, and particularly 

waterborne activities, can result in the 

take of manatees. Take, as defined by 

the ESA, means to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

collect, or to attempt to engage in any 

such conduct. Harm means an act which 

kills or injures wildlife (50 CFR 17.3). 

Such an act may include significant 

habitat modification or degradation that 

kills or injures wildlife by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, or 

sheltering. Harass includes intentional 

or negligent acts or omissions that create 

the likelihood of injury to wildlife by 

annoying it to such an extent as to 

significantly disrupt normal behavioral 

patterns, which include, but are not 

limited to, breeding, feeding, or 

sheltering (50 CFR 17.3). 

The MMPA sets a general 

moratorium, with certain exceptions, on 

the take and importation of marine 

mammals and marine mammal products 

and makes it unlawful for any person to 

take, possess, transport, purchase, sell, 

export, or offer to purchase, sell, or 

export, any marine mammal or marine 

mammal product unless authorized. 

Take, as defined by section 3(13) of the 

MMPA, means to harass, hunt, capture, 

or kill, or attempt to harass, hunt, 

capture, or kill any marine mammal. 

Harassment is defined by section 3(18) 

of the MMPA as any act of pursuit, 

torment, or annoyance which—(i) has 

the potential to injure a marine mammal 

or marine mammal stock in the wild; or 

(ii) has the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering. 

Human use of the waters of the 

southeastern United States has 

increased as a function of residential 

growth and increased visitation. This 

increased use is particularly evident in 

the State of Florida. The population of 

Florida has grown by 124 percent since 

1970 (6.8 million to 15.2 million, U.S. 

Census Bureau) and is expected to 

exceed 18 million by 2010, and 20 

million by the year 2020. According to 

a report by the Florida Office of 

Economic and Demographic Research 

(2000), it is expected that, by the year 

2010, 13.7 million people will reside in 

the 35 coastal counties of Florida. In a 

parallel fashion to residential growth, 

visitation to Florida has also increased. 

It is expected that Florida will have 83 

million visitors annually by the year 

2020, up from 48.7 million visitors in 

1998. In concert with this increase of 

human population growth and visitation 

is the increase in the number of 

watercraft that travel Florida waters. In 

2003, 743,243 vessels were registered in 

the State of Florida. This represents an 

increase of 26 percent since 1993. 

The large increase in human use of 

manatee habitat has had direct and 

indirect impacts on this endangered 

species. Direct impacts include injuries 

and deaths from watercraft collisions, 

deaths and injuries from water control 

structure operations, lethal and 

sublethal entanglements with 

commercial and recreational fishing 

gear, and alterations of behavior due to 

harassment. Indirect impacts include 

habitat destruction and alteration, 

including decreases in water quality 

throughout some aquatic habitats, 

decreases in the quantity of warm water 

70384 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

in natural spring areas, the spread of 

marine debris, and general disturbance 

from human activities. 

Federal authority to establish 

protection areas for the Florida manatee 

is provided by the ESA and the MMPA 

and is codified in 50 CFR, part 17, 

subpart J. We have discretion, by 

regulation, to establish manatee 

protection areas whenever there is 

substantial evidence showing such 

establishment is necessary to prevent 

the taking of one or more manatees. In 

accordance with 50 CFR 17.106, areas 

may be established on an emergency 

basis when such takings are imminent. 

We may establish two types of 

manatee protection areas—manatee 

refuges and manatee sanctuaries. A 

manatee refuge, as defined in 50 CFR 

17.102, is an area in which we have 

determined that certain waterborne 

activities would result in the taking of 

one or more manatees, or that certain 

waterborne activities must be restricted 

to prevent the taking of one or more 

manatees, including but not limited to, 

taking by harassment. A manatee 

sanctuary, as defined in 50 CFR 17.102, 

is an area in which we have determined 

that any waterborne activity would 

result in the taking of one or more 

manatees, including but not limited to, 

taking by harassment. A waterborne 

activity is defined as including, but not 

limited to, swimming, diving (including 

skin and scuba diving), snorkeling, 

water skiing, surfing, fishing, the use of 

water vehicles, and dredge and fill 

activities. 

Reasons for Emergency Determination

In deciding to implement this 

emergency rule, we assessed the effects 

of a recent State court ruling 

overturning critically important, Statedesignated manatee protection zones in 

Lee County. In this case, (State of 

Florida Fish and Wildlife Conservation 

Commission (FFWCC) v. William D. 

Wilkinson, Robert W. Watson, David K. 

Taylor, James L. Frock (2 Cases), Jason 

L. Fluharty, Kenneth L. Kretsh, Harold 

Stevens, Richard L. Eyler, and John D. 

Mills), boaters, who were issued 

citations for alleged different violations 

of Rule 68C–22.005 (Rule), challenged 

the Rule adopted by the FFWCC 

regulating the operation and speed of 

motorboat traffic in Lee County waters 

to protect manatees. In its ruling the 

court determined that under Florida law 

the FFWCC can regulate the operation 

and speed of motorboats in order to 

protect manatees from harmful 

collisions with motorboats, however: (1) 

In the area to be regulated, manatee 

sightings must be frequent and, based 

upon available scientific information, it 

has been determined that manatees 

inhabit the area on a regular, periodic, 

or continuous basis; and (2) when the 

FFWCC adopts rules, it must consider 

the rights of boaters, fishermen, and 

water-skiers, and the restrictions 

adopted by the FFWCC must not unduly 

interfere with those rights. In this 

instance the court found that the Rule 

for four of the regulated areas did not 

meet the State standard for the 

frequency of sightings and the rule 

unduly interfered with the rights of 

voters. Thus, the designated manatee 

protection zones were invalidated, and 

the citations were dismissed. 

The legal basis for the action to be 

taken by the Service differs markedly 

from that in the FFWCC v. Wilkinson

case. The Service’s action is not based 

on State law but rather is based upon a 

Federal regulation, 50 CFR 17.106(a), 

which provides the standard for an 

emergency designation of a protected 

area. Specifically, this regulation 

provides that a manatee protection area 

may be established ‘‘* * * at any time 

[the Director] determines there is 

substantial evidence that there is 

imminent danger of a taking of one or 

more manatees, and that such 

establishment is necessary to prevent 

such a taking.’’

We also reviewed the best available 

information to evaluate manatee and 

human interactions in these areas. 

Manatees are especially vulnerable to 

fast-moving power boats. The slower a 

boat is traveling, the more time a 

manatee has to avoid the vessel and the 

more time the boat operator has to 

detect and avoid the manatee. Nowacek 

et al. (2000) documented manatee 

avoidance of approaching boats. Wells 

et al. (1999) confirmed that, at a 

response distance of 20 meters, a 

manatee’s time to respond to an 

oncoming vessel increased by at least 5 

seconds if the vessel was traveling at 

slow speed. Therefore, the potential for 

take of manatees can be greatly reduced 

if boats are required to travel at slow 

speed in areas where manatees can be 

expected to occur. 

The waterbodies encompassed in this 

emergency designation receive 

extensive manatee use either on a 

seasonal or year-round basis as 

documented in radio telemetry and 

aerial survey data (FWC, also 

abbreviated as FFWCC, 2003). The areas 

contain feeding habitats and serve as 

travel corridors for manatees (FWC 

2003). They have also been regulated at 

either slow speed or with a 25-mile-perhour speed limit by State government 

since 1999, prior to the State court 

ruling in FFWCC v. William D. 

Wilkinson et al. in December, 2003. 

Without this emergency Federal 

designation, watercraft can be expected 

to travel at high speeds in areas 

frequented by manatees, which would 

result in the take of one or more 

manatees. In fact, boat operators could 

inadvertently be encouraged to travel at 

high speeds. While the State court 

invalidated speed limits in the areas 

adjacent to navigation channels, it did 

not invalidate the 25-mile-per-hour 

speed limit in the navigation channels 

that traverse the affected area. 

Therefore, the speed limit in the 

navigation channel is now lower than 

that of the surrounding, shallower areas. 

As a result, shallow-draft high-speed 

boats capable of traveling outside the 

navigation channels can be expected to 

be operated at high speeds (greater than 

25 miles per hour) in the areas more 

likely to be frequented by manatees. 

There is a history of manatee 

mortalities in the area as a result of 

collisions with watercraft. At least 18 

carcasses of manatees killed in 

collisions with watercraft have been 

recovered in or immediately adjacent to 

the designated areas since 1999

(http://www.floridamarine.org, 2004), 

with 4 carcasses recently recovered in 

close proximity to the sites following 

the State court action. Necropsies 

revealed that these animals died of 

wounds received from boat collisions. 

On August 6, 2004, we published a 

proposed rule to establish the Pine 

Island-Estero Bay Manatee Refuge as a 

permanent manatee protection area by 

normal rulemaking procedures (69 FR 

48102). Three hurricanes that occurred 

over this region of peninsular Florida 

during August through October have 

resulted in the need for us to reschedule 

the public hearing and extend the 

public comment period for the proposed 

rule (appearing in a separate FR notice). 

However, the current emergency refuge 

is temporary and will expire on 

December 6, 2004, prior to the closing 

of the public review and comment 

period on the proposed rule. Without 

the emergency designation, these areas 

would not receive the needed protection 

because of the time necessary to 

complete the normal rulemaking 

process in light of the recent natural 

disasters. 

For these reasons, we believe that 

there is imminent danger of take of one 

or more manatees in these areas and 

emergency designation of a manatee 

refuge is necessary to prevent such 

taking. Manatees utilize these areas, 

there is a history of take at these sites, 

future take is imminent, protection 

measures are insufficient, and we do not 

anticipate any alternative protection 

measures being enacted by State or local 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70385

government in sufficient time to reduce 

the likelihood of take occurring. 

Effective Date 

We are making this rule effective 

upon publication. In accordance with 

the Administrative Procedure Act, we 

find good cause as required by 5 U.S.C. 

553(d)(3) to make this rule effective 

sooner than 30 days after publication in 

the Federal Register. As discussed 

under ‘‘Reasons for Emergency 

Determination,’’ the emergency manatee 

refuge established August 6, 2004, is 

temporary, lasting only through 

December 6, 2004. Since the standard 

rulemaking process for creating a 

permanent refuge here could not be 

completed before expiration of the 

emergency refuge, re-establishment of 

the emergency manatee protection area 

must be effective December 6, 2004, in 

order to prevent a lapse in protection. 

Any further delay in making this 

manatee refuge effective would result in 

further risks of manatee mortality, 

injury, and harassment during the 

period of delay. In view of the finding 

of substantial evidence that taking of 

manatees is imminent and in fact has 

already occurred in or in close 

proximity to the site, we believe good 

cause exists to make this rule effective 

December 6, 2004. For the same reasons, 

we also believe that we have good cause 

under 5 U.S.C. 553(b)(3)(B) to issue this 

rule without prior notice and public 

procedure. We believe such emergency 

action is in the public interest because 

of the imminent threat to manatees and 

the additional time required to complete 

the standard rulemaking process, as the 

result of the hurricanes that recently hit 

Florida. The lack of emergency action 

would probably result in additional take 

of manatees. This rule does not 

supersede any more stringent State or 

local regulations. 

Future Federal Actions 

Once this emergency rule is in effect, 

the emergency designation is temporary 

and applies to these areas for only 120 

days. We believe the danger to manatees 

due to watercraft collisions in the Pine 

Island-Estero Bay area is not only 

imminent, but also ongoing and yearround. Accordingly, we are proceeding 

with the normal rulemaking process to 

establish an additional manatee 

protection area in Lee County, Florida, 

in accordance with 50 CFR 17.103. As 

part of this process, we published a 

proposed rule in the Federal Register on 

August 6, 2004 (69 FR 48102). We 

anticipate publishing a final rule prior 

to the date that this emergency rule 

expires.

Definitions 

‘‘Planing’’ means riding on or near the 

water’s surface as a result of the 

hydrodynamic forces on a watercraft’s 

hull, sponsons (projections from the 

side of a ship), foils, or other surfaces. 

A watercraft is considered on plane 

when it is being operated at or above the 

speed necessary to keep the vessel 

planing. 

‘‘Slow speed’’ means the speed at 

which a watercraft proceeds when it is 

fully off plane and completely settled in 

the water. Due to the different speeds at 

which watercraft of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to slow speed. 

A watercraft is not proceeding at slow 

speed if it is: (1) On a plane, (2) in the 

process of coming up on or coming off 

of plane, or (3) creating an excessive 

wake. A watercraft is proceeding at slow 

speed if it is fully off plane and 

completely settled in the water, not 

creating an excessive wake. 

‘‘Wake’’ means all changes in the 

vertical height of the water’s surface 

caused by the passage of a watercraft, 

including a vessel’s bow wave, stern 

wave, and propeller wash, or a 

combination of these. 

‘‘Water vehicle, watercraft,’’ and 

‘‘vessel’’ include, but are not limited to, 

boats (whether powered by engine, 

wind, or other means), ships (whether 

powered by engine, wind, or other 

means), barges, surfboards, personal 

watercraft, water skis, or any other 

device or mechanism the primary or an 

incidental purpose of which is 

locomotion on, across, or underneath 

the surface of the water. 

Area Designated as a Manatee Refuge 

by Emergency Rule 

Pine Island-Estero Bay Manatee Refuge 

The Pine Island-Estero Bay Manatee 

Refuge encompasses water bodies in Lee 

County including portions of Matlacha 

Pass and San Carlos Bay south of Green 

Channel Marker ‘‘77’’ and north of the 

Intracoastal Waterway, portions of Pine 

Island Sound in the vicinity of York and 

Chino Islands, portions of Punta Rassa 

Cove and Shell Creek in San Carlos Bay 

and the mouth of the Caloosahatchee 

River, and portions of Estero Bay and 

associated water bodies. These water 

bodies are designated, as posted, as 

either slow speed or with a speed limit 

of 25 miles per hour, on either a 

seasonal or annual basis. Legal 

descriptions and maps are provided in 

the ‘‘Regulation Promulgation’’ section 

of this notice. 

Clarity of the Rule 

Executive Order 12866 requires each 

agency to write regulations/notices that 

are easy to understand. We invite your 

comments on how to make this 

emergency rule easier to understand, 

including answers to questions such as 

the following: (1) Are the requirements 

in the emergency rule clearly stated? (2) 

Does the emergency rule contain 

unnecessary technical language or 

jargon that interferes with the clarity? 

(3) Does the format of the emergency 

rule (grouping and order of sections, use 

of headings, paragraphing, etc.) aid or 

reduce its clarity? (4) Is the description 

of the emergency rule in the 

‘‘Supplementary Information’’ section of 

the preamble helpful in understanding 

the proposed rule? (5) What else could 

we do to make the emergency rule easier 

to understand? 

Send a copy of any comments that 

affect how we could make this 

emergency rule easier to understand to: 

Office of Regulatory Affairs; Department 

of the Interior, Room 7229, 1849 C 

Street, NW., Washington, DC 20240. 

Required Determinations 

Regulatory Planning and Review 

In accordance with the criteria in 

Executive Order 12866, this rule is not 

a significant regulatory action. The 

Office of Management and Budget 

makes the final determination under 

Executive Order 12866. 

a. Based on experience with similar 

rulemakings in this area, this rule will 

not have an annual economic impact of 

over $100 million or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of 

government. It is not expected that any 

significant economic impacts would 

result from the establishment of a 

manatee refuge (approximately 30 river 

miles) in Lee County in the State of 

Florida. 

The purpose of this rule is to establish 

an emergency manatee refuge in Lee 

County, Florida. We are preventing the 

take of manatees by controlling certain 

human activity in this County. For the 

manatee refuge, the areas are year-round 

or seasonal slow speed, or year-round or 

seasonal speed limits of 25 miles per 

hour. Affected waterborne activities 

include, but are not limited to, 

transiting, cruising, water skiing, 

fishing, marine construction, and the 

use of all water vehicles. This rule will 

impact recreational boaters, commercial 

charter boats, and commercial 

fishermen, primarily in the form of 

restrictions on boat speeds in specific 

areas. We will experience increased 

administrative costs due to this rule. 

70386 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

Conversely, the rule may also produce 

economic benefits for some parties as a 

result of increased manatee protection 

and decreased boat speeds in the 

manatee refuge areas.

Regulatory impact analysis requires 

the comparison of expected costs and 

benefits of the rule against a ‘‘baseline,’’

which typically reflects the regulatory 

requirements in existence prior to the 

rulemaking. For purposes of this 

analysis, the baseline assumes that the 

Pine Island-Estero Bay area has no 

regulating speed limits other than the 25 

miles per hour in the navigation 

channels. The State-designated speed 

zones, other than in the navigation 

channels, have been lifted by a State 

Court decision. However, residents and 

other water users have lived with speed 

restrictions in this area for many years 

and have established business and 

recreational patterns on the water to 

accommodate their needs and desires 

for water-based recreation. Even though 

the baseline is set at no speed zones, the 

actual economic effects may very well 

be insignificant for this 120-day 

emergency rule because almost all users 

have been previously subject to these 

restrictions via State regulations and 

two previous Federal emergency rules. 

Thus, the rule is expected to have only 

an incremental effect. As discussed 

below, the net economic impact is not 

expected to be significant, but cannot be 

monetized given available information. 

The economic impacts of this rule 

would be due to the changes in speed 

zone restrictions in the manatee refuge 

areas. These speed zone changes are 

summarized in the emergency rule. 

In addition to speed zone changes, the 

rule no longer allows for the speed zone 

exemption process in place under State 

regulations. Florida’s Manatee 

Sanctuary Act allows the State to 

provide exemptions from speed zone 

requirements for certain commercial 

activities, including fishing and events 

such as high-speed boat races. Under 

State law, commercial fishermen and 

professional fishing guides can apply for 

permits granting exemption from speed 

zone requirements in certain counties. 

Speed zone exemptions were issued to 

27 permit holders in the former State 

zones that comprise the proposed 

manatee refuge area. One permit holder 

from previous years did not renew at the 

last opportunity. 

In order to gauge the economic effect 

of this rule, both benefits and costs must 

be considered. Potential economic 

benefits related to this rule include 

increased manatee protection and 

tourism related to manatee viewing, 

increased fisheries health, and 

decreased seawall maintenance costs. 

Potential economic costs are related to 

increased administrative activities 

related to implementing the rule and 

affected waterborne activities. Economic 

costs are measured primarily by the 

number of recreationists who use 

alternative sites for their activity or have 

a reduced quality of the waterborne 

activity experience at the designated 

sites. In addition, the rule may have 

some impact on commercial fishing 

because of the need to maintain slower 

speeds in some areas. The extension of 

slower speed zones in this rule is not 

expected to affect enough waterborne 

activity to create a significant economic 

impact (i.e., an annual impact of over 

$100 million). 

Economic Benefits 

We believe that the designation of the 

Pine Island-Estero Bay Manatee Refuge 

in this rule will increase the level of 

manatee protection in these areas. A 

potential economic benefit is increased 

tourism resulting from an increase in 

manatee protection. To the extent that 

some portion of Florida’s tourism is due 

to the existence of the manatee in 

Florida waters, the protection provided 

by this rule may result in an economic 

benefit to the tourism industry. We are 

not able to make an estimate of this 

benefit given available information. 

In addition, due to reductions in boat 

wake associated with speed zones, 

property owners may experience some 

economic benefits related to decreased 

expenditures for maintenance and 

repair of shoreline stabilization 

structures (i.e., seawalls along the 

water’s edge). Speed reductions may 

also result in increased boater safety. 

Another potential benefit of slower 

speeds is that fisheries in these areas 

may be more productive because of 

reduced disturbance. These types of 

benefits cannot be quantified with 

available information. 

Based on previous studies, we believe 

that this rule produces some economic 

benefits. However, given the lack of 

information available for estimating 

these benefits, the magnitude of these 

benefits is unknown. 

Economic Costs 

The economic impact from the 

designation of a manatee protection area 

affects boaters in these areas, in that 

boats are required to go slower than 

under current conditions. Some impacts 

may be felt by recreationists who have 

to use alternative sites for their activity 

or who have a reduced quality of the 

waterborne activity experience at the 

designated sites because of the rule. For 

example, the extra time required for 

anglers to reach fishing grounds could 

reduce onsite fishing time and could 

result in lower consumer surplus for the 

trip. Other impacts of the rule may be 

felt by commercial charter boat outfits, 

commercial fishermen, and agencies 

that perform administrative activities 

related to implementing the rule. 

Affected Recreational Activities 

For some boating recreationists, the 

inconvenience and extra time required 

to cross additional slow speed areas 

may reduce the quality of the 

waterborne activity or cause them to 

forgo the activity. This will manifest in 

a loss of consumer surplus to these 

recreationists. In addition, to the extent 

that recreationists forgo recreational 

activities, this could result in some 

regional economic impact. In this 

section, we examine the waterborne 

activities taking place in each area and 

the extent to which they may be affected 

by designation of the manatee refuges. 

The resulting potential economic 

impacts are discussed below. These 

impacts cannot be quantified because 

the number of recreationists and anglers 

using the designated sites is not known.

Recreationists engaging in cruising, 

fishing, and waterskiing may experience 

some inconvenience by having to go 

slower or use undesignated areas; 

however, the extension of slow speed 

zones is not likely to result in a 

significant economic impact. 

Currently, not enough data are 

available to estimate the loss in 

consumer surplus that water skiers will 

experience. While some may use 

substitute sites, others may forgo the 

activity. The economic impact 

associated with these changes on 

demand for goods and services is not 

known. However, given the number of 

recreationists potentially affected, and 

the fact that alternative sites are 

available, it is not expected to amount 

to a significant economic impact. Until 

recently, speed zones were in place in 

this area and recreationists have 

adjusted their activities to accommodate 

them. It is not expected that, for a 120-

day emergency rule, there would be a 

significant loss in consumer surplus 

from this activity. 

Affected Commercial Charter Boat 

Activities 

Various types of charter boats use the 

waterways in the affected counties, 

primarily for fishing and nature tours. 

The number of charter boats using the 

Pine Island-Estero Bay areas is currently 

unknown. For nature tours, the 

extension of slow speed zones is 

unlikely to cause a significant impact, 

because these boats are likely traveling 

at slow speeds. The extra time required 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70387

for commercial charter boats to reach 

fishing grounds could reduce onsite 

fishing time and could result in fewer 

trips. The fishing activity is likely 

occurring at a slow speed and will not 

be affected. Added travel time may 

affect the length of a trip, which could 

result in fewer trips overall, creating an 

economic impact. 

Affected Commercial Fishing Activities 

Several commercial fisheries will 

experience some impact due to the 

regulation. To the extent that the 

regulation establishes additional speed 

zones in commercial fishing areas, this 

will increase the time spent on the 

fishing activity, affecting the efficiency 

of commercial fishing. While limited 

data are available to address the size of 

the commercial fishing industry in the 

manatee refuges, county-level data 

generally provide an upper bound 

estimate of the size of the industry and 

potential economic impact. 

Given available data, the impact on 

the commercial fishing industry of 

extending slow speed zones in the Pine 

Island-Estero Bay area cannot be 

quantified. The designation will likely 

affect commercial fishermen by way of 

added travel time, which can result in 

an economic impact. Some of the 27 

active permit holders with speed limit 

exemptions are commercial fishermen. 

However, because the manatee refuge 

designation will not prohibit any 

commercial fishing activity, and 

because there is a channel available for 

boats to travel up to 25 miles per hour 

in the affected areas, the Service 

believes that it is unlikely that the rule 

will result in a significant economic 

impact on the commercial fishing 

industry. It is important to note that, in 

2001, the total annual value of 

potentially affected fisheries was 

approximately $8.3 million (2001$); this 

figure represents the economic impact 

on commercial fisheries in these 

counties in the unlikely event that the 

fisheries would be entirely shut down, 

which is not the situation associated 

with this rule. 

Agency Administrative Costs 

The cost of implementing the rule has 

been estimated based on historical 

expenditures by the Service for manatee 

refuges and sanctuaries established 

previously. Since temporary signage is 

still in place from the previous 

emergency refuge in this location, and is 

still appropriate, we anticipate little or 

no additional costs for re-establishment 

of a 120-day manatee refuge here. The 

Service will likely spend additional 

funds for enforcement at the manatee 

refuge for 120 days. These costs cannot 

be accurately estimated at this time. The 

costs of enforcement may include hiring 

and training new law enforcement 

agents and special agents, and the 

associated training, equipment, upkeep, 

and clerical support (Service 2003b). 

Finally, there are some costs for 

education and outreach to inform the 

public about this manatee refuge area. 

While the State of Florida has 12,000 

miles of rivers and 3 million acres of 

lakes, this rule will affect approximately 

30 river miles. The speed restrictions in 

this rule will cause inconvenience due 

to added travel time for recreationists 

and commercial charter boats and 

fishermen. As a result, the rule will 

impact the quality of waterborne 

activity experiences for some 

recreationists, and may lead some 

recreationists to forgo the activity. This 

rule does not prohibit recreationists 

from participating in any activities. 

Alternative sites are available for all 

waterborne activities that may be 

affected by this rule. The distance that 

recreationists may have to travel to 

reach an undesignated area varies. The 

regulation will likely impact some 

portion of the charter boat and 

commercial fishing industries in these 

areas as well. The inconvenience of 

having to go somewhat slower in some 

areas may result in changes to 

commercial and recreational behavior, 

resulting in some regional economic 

impacts. Given available information, 

the net economic impact of designating 

the manatee refuge is not expected to be 

significant (i.e., an annual economic 

impact of over $100 million). While the 

level of economic benefits that may be 

attributable to the manatee refuge is 

unknown, these benefits would cause a 

reduction in the economic impact of the 

rule. 

b. The precedent to establish manatee 

protection areas has been established 

primarily by State and local 

governments in Florida. We recognize 

the important role of State and local 

partners and continue to support and 

encourage State and local measures to 

improve manatee protection. We are 

designating the Pine Island-Estero Bay 

area, where previously existing State 

designations have been eliminated, to 

protect the manatee population in that 

area.

c. This rule will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. Minimal restriction 

to existing human uses of the sites 

would result from this rule. No 

entitlements, grants, user fees, loan 

programs, or effects on the rights and 

obligations of their recipients are 

expected to occur. 

d. This rule does not raise novel legal 

or policy issues. We have previously 

established other manatee protection 

areas. 

Regulatory Flexibility Act 

We certify that this rule will not have 

a significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). An initial/

final Regulatory Flexibility Analysis is 

not required. Accordingly, a Small 

Entity Compliance Guide is not 

required. 

In order to determine whether the rule 

will have a significant economic effect 

on a substantial number of small 

entities, we utilize available information 

on the industries most likely to be 

affected by the designation of the 

manatee refuge. Currently, no 

information is available on the specific 

number of small entities that are 

potentially affected. However, 27 active 

permit holders were exempt from the 

speed limits in the proposed refuge area. 

Because these zones have been in place 

since 1999 and people have adjusted 

and there were no other permit holders, 

it is reasonable to expect that the 

emergency rule will impact only the 27 

permit holders in the former State speed 

zones. They are primarily commercial 

fishing boats and fishing guides. Both 

would be considered small businesses. 

The 27 permit holders had State 

exemptions from the speed restrictions 

based on an application that stated they 

would suffer at least a 25 percent 

income loss without the permit. The 

usual income level for these businesses 

is not known, however a 25 percent loss 

of business income is significant 

regardless of the level of business 

income. We acknowledge that there 

could be a significant loss of income to 

those permit holders that rely on speed 

to carry out their business activities, 

however, the Service believes that the 

27 permit holders do not constitute a 

substantial number. 

This rule will add to travel time for 

recreational boating and commercial 

activities resulting from extension of 

existing speed zones. Because the only 

restrictions on recreational activity 

result from added travel time, and 

alternative sites are available for all 

waterborne activities, we believe that 

the economic effect on small entities 

resulting from changes in recreational 

use patterns will not be significant. The 

economic effects on most small 

businesses resulting from this rule are 

likely to be indirect effects related to a 

reduced demand for goods and services 

if recreationists choose to reduce their 

level of participation in waterborne 

70388 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

activities. Similarly, because the only 

restrictions on commercial activity 

result from the inconvenience of added 

travel time, and boats can continue to 

travel up to 25 mph in the navigation 

channels, we believe that any economic 

effect on small commercial fishing or 

charter boat entities (other than the 27 

permit holders) will not be significant. 

Also, the indirect economic impact on 

small businesses that may result from 

reduced demand for goods and services 

from commercial entities is likely to be 

insignificant. 

The employment characteristics of 

Lee County are shown in Table 1 for the 

year 1997. We included the following 

SIC (Standard Industrial Classification) 

categories, because they include 

businesses most likely to be directly 

affected by the designation of a manatee 

refuge: 

• Fishing, hunting, trapping (SIC 09) 

• Water transportation (SIC 44) 

• Miscellaneous retail (SIC 59) 

• Amusement and recreation services 

(SIC 79) 

• Non-classifiable establishments 

(NCE)

TABLE 1.—EMPLOYMENT CHARACTERISTICS OF LEE COUNTY IN FLORIDA—1997 

[Includes SIC Codes 09, 44, 59, 79, and NCEa] 

County 

Total midMarch

employment b

(all industries) 

Mid-March 

employment b

(select SIC 

codes) 

Total

establishments (all industries) 

Select SIC Codes (includes SIC Codes 09, 44, 59, 79, and NCEa

Total

establishments 

Number of 

establishments

(1–4 employees) 

Number of 

establishments

(5–9 employees) 

Number of 

establishments

(10–19 employees) 

Number of 

establishments

(20+ employees) 

Lee ................... 135,300 7,734 11,386 974 602 193 92 87 

Source: U.S. Census County Business Patterns (http://www.census.gov/epcd/cbp/view/cbpview.html). 

a Descriptions of the SIC codes included in this table as follows: 

SIC 09—Fishing, hunting, and trapping 

SIC 44—Water transportation 

SIC 59—Miscellaneous retail service division 

SIC 79—Amusement and recreation services 

NCE—non-classifiable establishments division bTable provides the high-end estimate whenever the Census provides a range of mid-March employment figures for select counties and SIC 

codes. 

As shown in Table 1, the majority 

(over 80 percent) of these business 

establishments in Lee County have 

fewer than ten employees, with the 

largest number of establishments 

employing fewer than four employees. 

Any economic impacts associated with 

this rule will affect some proportion of 

these small entities. 

Since the emergency designation is 

for a manatee refuge, which only 

requires a reduction in speed, we do not 

believe the designation would cause 

significant economic effect on a 

substantial number of small businesses. 

Currently available information does not 

allow us to quantify the number of small 

business entities, such as charter boats 

or commercial fishing entities, that may 

incur direct economic impacts due to 

the inconvenience of added travel times 

resulting from the rule, but it is safe to 

assume that the current 27 permit 

holders may constitute the affected 

parties for a 120-day rule. The Service 

does not believe the 27 permit holders 

constitute a substantial number. Prior to 

establishing the Pine Island-Estero Bay 

as a permanent manatee refuge, public 

comments on our proposed rule (69 FR 

48102, August 6, 2004) will be used for 

further refinement of the impact on 

small entities and the general public. In 

addition, the inconvenience of slow 

speed zones may cause some 

recreationists to change their behavior, 

which may cause some loss of income 

to some small businesses. The number 

of recreationists that will change their 

behavior, and how their behavior will 

change, is unknown; therefore, the 

impact on potentially affected small 

business entities cannot be quantified. 

However, because boaters will 

experience only minimal added travel 

time in most affected areas and the fact 

that speed zones have been in place for 

some time now, we believe that this 

designation will not cause a significant 

economic impact on a substantial 

number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804 (2). This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

As shown above, this rule may cause 

some inconvenience in the form of 

added travel time for recreationists and 

commercial fishing and charter boat 

businesses because of speed restrictions 

in manatee refuge areas, but this should 

not translate into any significant 

business reductions for the many small 

businesses in the affected county. An 

unknown portion of the establishments 

shown in Table 1 could be affected by 

this rule. Because the only restrictions 

on recreational activity result from 

added travel time, and alternative sites 

are available for all waterborne 

activities, we believe that the economic 

impact on small entities resulting from 

changes in recreational use patterns will 

not be significant. The economic 

impacts on small business resulting 

from this rule are likely to be indirect 

effects related to a reduced demand for 

goods and services if recreationists 

choose to reduce their level of 

participation in waterborne activities. 

Similarly, because the only restrictions 

on commercial activity result from the 

inconvenience of added travel time, and 

boats can continue to travel up to 25 

miles per hour in the navigational 

channels, we believe that any economic 

impact on most small commercial 

fishing or charter boat entities will not 

be significant. Also, the indirect 

economic impact on small businesses 

that may result from reduced demand 

for goods and services from commercial 

entities is likely to be insignificant. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. It is unlikely that 

there are unforeseen changes in costs or 

prices for consumers stemming from 

this rule. The recreational charter boat 

and commercial fishing industries may 

be affected by lower speed limits for 

some areas when traveling to and from 

fishing grounds. However, because of 

the availability of 25-miles-per-hour 

navigational channels, this impact is 

likely to be limited. Further, only 27 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70389

active permit holders were exempt from 

the former State speed zones. The 

impact will most likely stem from only 

these permit holders. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

As stated above, this rule may generate 

some level of inconvenience to 

recreationists and commercial users due 

to added travel time, but the resulting 

economic impacts are believed to be 

minor and will not interfere with the 

normal operation of businesses in the 

affected counties. Added travel time to 

traverse some areas is not expected to be 

a major factor that will impact business 

activity. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.): 

a. This rule will not ‘‘significantly or 

uniquely’’ affect small governments. A 

Small Government Agency Plan is not 

required. The designation of manatee 

refuges and sanctuaries, while imposing 

regulations for at least a limited period, 

will not impose obligations on State or 

local governments that have not 

previously existed. 

b. This rule will not produce a 

Federal mandate of $100 million or 

greater in any year. As such, it is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings

In accordance with Executive Order 

12630, this rule does not have 

significant takings implications. A 

takings implication assessment is not 

required. The manatee protection areas 

are located over publicly-owned 

submerged water bottoms. 

Federalism 

In accordance with Executive Order 

13132, this rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

This rule will not have substantial 

direct effects on the State, in the 

relationship between the Federal 

Government and the State, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We coordinated 

with the State of Florida to the extent 

possible on the development of this 

rule. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This regulation does not contain any 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). A Federal agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with criteria of the National 

Environmental Policy Act. This rule 

does not constitute a major Federal 

action significantly affecting the quality 

of the human environment. An 

Environmental Assessment has been 

prepared and is available for review by 

written request to the Field Supervisor 

(see ADDRESSES section). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175 and the Department of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

federally recognized Tribes on a 

Government-to-Government basis. We 

have evaluated possible effects on 

federally recognized Indian tribes and 

have determined that there are no 

effects. 

Energy Supply, Distribution or Use 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. Because 

this rule is not a significant regulatory 

action under Executive Order 12866 and 

it only requires vessels to continue their 

operation as they have in the past, it is 

not expected to significantly affect 

energy supplies, distribution, and use. 

Therefore, this action is a not a 

significant energy action and no 

Statement of Energy Effects is required. 

References Cited 

A complete list of all references cited 

in this final rule is available upon 

request from the Vero Beach Field 

Office (see ADDRESSES section). 

Author 

The primary author of this document 

is Kalani Cairns (see ADDRESSES

section). 

Authority 

The authority to establish manatee 

protection areas is provided by the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), and 

the Marine Mammal Protection Act of 

1972 (16 U.S.C. 1361–1407), as 

amended.

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation.

Regulation Promulgation

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows:

PART 17—[AMENDED]

■ 1. The authority citation for part 17 

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

■ 2. Amend § 17.108 by adding 

paragraph (c)(13) as follows:

§ 17.108 List of designated manatee 

protection areas.

* * * * *

(c) * * * 

(13) The Pine Island-Estero Bay 

Manatee Refuge. (i) Watercraft are 

required to proceed at slow speed all 

year in all waters of Matlacha Pass, 

south of a line that bears 90° and 270°

from Matlacha Pass Green Channel 

Marker ‘‘77’’ (approximate latitude 

26°40′00′′ North, approximate longitude 

82°06′00′′ West), and north of Pine 

Island Road (State Road No. 78), 

excluding: 

(A) The portion of the marked 

channel otherwise designated in 

paragraph (c)(13)(iii) of this section; 

(B) All waters of Buzzard Bay east and 

northeast of a line beginning at a point 

(approximate latitude 26°40′00′′ North, 

approximate longitude 82°05′20′′ West) 

on the southwest shoreline of an 

unnamed mangrove island east of 

Matlacha Pass Green Channel Marker 

‘‘77’’ and bearing 219(to the 

northeasternmost point (approximate 

latitude 26°39′58′′ North, approximate 

longitude 82°05′23′′ West) of another 

unnamed mangrove island, then 

running along the eastern shoreline of 

said island to its southeasternmost point 

(approximate latitude 26°39′36′′ North, 

approximate longitude 81°05′09′′ West), 

70390 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

then bearing 115° to the westernmost 

point (approximate latitude 26°39′34′′

North, approximate longitude 82°05′05′′

West) of the unnamed mangrove island 

to the southeast, then running along the 

western shoreline of said island to its 

southwesternmost point (approximate 

latitude 26°39′22′′ North, approximate 

longitude 82°04′53′′ West), then bearing 

123° to the northwesternmost point 

(approximate latitude 26°39′21′′ North, 

approximate longitude 82°04′52′′ West) 

of an unnamed mangrove island, then 

running along the western shoreline of 

said island to its southeasternmost point 

(approximate latitude 26°39′09′′ North, 

approximate longitude 82°04′44′′ West), 

then bearing 103° to the 

northwesternmost point (approximate 

latitude 26°39′08′′ North, approximate 

longitude 82°04′41′′ West) of a 

peninsula on the unnamed mangrove 

island to the southeast, then running 

along the southwestern shoreline of said 

island to its southeasternmost point 

(approximate latitude 26°38′51′′ North, 

approximate longitude 82°04′18′′ West), 

then bearing 99° to the southernmost 

point (approximate latitude 26°38′50′′

North, approximate longitude 82°04′03′′

West) of the unnamed mangrove island 

to the east, then bearing 90° to the line’s 

terminus at a point (approximate 

latitude 26°38′50′′ North, approximate 

longitude 82°03′55′′ West) on the eastern 

shoreline of Matlacha Pass; and 

(C) All waters of Pine Island Creek 

and Matlacha Pass north of Pine Island 

Road (State Road No. 78) and west and 

southwest of a line beginning at a point 

(approximate latitude 26°39′29′′ North, 

approximate longitude 82°06′29′′ West) 

on the western shoreline of Matlacha 

Pass and bearing 160° to the 

westernmost point (approximate 

latitude 26°39′25′′ North, approximate 

longitude 82°06′28′′ West) of an 

unnamed island, then running along the 

western shoreline of said island to its 

southernmost point (approximate 

latitude 26°39′18′′ North, approximate 

longitude 82°06′24′′ West), then bearing 

128° to the northernmost point 

(approximate latitude 26°39′12′′ North, 

approximate longitude 82°06′17′′ West) 

of an unnamed mangrove island to the 

south, then running along the eastern 

shoreline of said island to its 

southeasternmost point (approximate 

latitude 26°39′00′′ North, approximate 

longitude 82°06′09′′ West), then bearing 

138° to a point (approximate latitude 

26°38′45′′ North, approximate longitude 

82°05′53′′ West) on the northern 

shoreline of Bear Key, then running 

along the northern shoreline of Bear Key 

to its easternmost point (approximate 

latitude 26°38′44′′ North, approximate 

longitude 82°05′46′′ West), then bearing 

85° to the westernmost point 

(approximate latitude 26°38′45′′ North, 

approximate longitude 82°05′32′′ West) 

of Deer Key, then running along the 

northern shoreline of Deer Key to its 

easternmost point (approximate latitude 

26°38′46′′ North, approximate longitude 

82°05′22′′ West), then bearing 103° to 

the northwesternmost point 

(approximate latitude 26°38′45′′ North, 

approximate longitude 82°05′17′′ West) 

of the unnamed mangrove island to the 

east, then running along the western 

shoreline of said island to its 

southernmost point (approximate 

latitude 26°38′30′′ North, approximate 

longitude 82°05′04′′ West), then bearing 

106° to the westernmost point 

(approximate latitude 26°38′30′′ North, 

approximate longitude 82°04′57′′ West) 

of the unnamed island to the southeast, 

then running along the northern and 

eastern shorelines of said island to a 

point (approximate latitude 26°38′23′′

North, approximate longitude 82°04′51′′

West) on its eastern shoreline, then 

bearing 113° to the northernmost point 

of West Island (approximate latitude 

26°38′21′′ North, approximate longitude 

82°04′37′′ West), then running along the 

western shoreline of West Island to the 

point where the line intersects Pine 

Island Road (State Road No. 78). 

(ii) Watercraft are required to proceed 

at slow speed all year in all waters of 

Matlacha Pass, St. James Creek, and San 

Carlos Bay, south of Pine Island Road 

(State Road No. 78), north of a line 500 

feet northwest of and parallel to the 

main marked channel of the Intracoastal 

Waterway, west of a line that bears 302°

from Intracoastal Waterway Green 

Channel Marker ‘‘99’’ (approximate 

latitude 26°31′00′′ North, approximate 

longitude 82°00′52′′ West), and east of a 

line that bears 360° from Intracoastal 

Waterway Red Channel Marker ‘‘10’’

(approximate latitude 26°29′16′′ North, 

approximate longitude 82°03′35′′ West), 

excluding: 

(A) The portions of the marked 

channels otherwise designated in 

paragraphs (c)(13 )(iv) and (v) of this 

section;

(B) All waters of Matlacha Pass south 

of Pine Island Road (State Road No. 78) 

and west of the western shoreline of 

West Island and a line beginning at the 

southernmost point (approximate 

latitude 26°37′25′′ North, approximate 

longitude 82°04′17′′ West) of West 

Island and bearing 149° to the 

northernmost point (approximate 

latitude 26°37′18′′ North, approximate 

longitude 82°04′12′′ West) of the 

unnamed mangrove island to the south, 

then running along the eastern shoreline 

of said island to its southernmost point 

(approximate latitude 26°36′55′′ North, 

approximate longitude 82°04′02′′ West), 

then bearing 163° to the line’s terminus 

at a point (approximate latitude 

26°36′44′′ North, approximate longitude 

82°03°58′′ West) on the eastern 

shoreline of Little Pine Island; 

(C) All waters of Matlacha Pass, 

Pontoon Bay, and associated 

embayments south of Pine Island Road 

(State Road No. 78) and east of a line 

beginning at a point (approximate 

latitude 26°38′12′′ North, approximate 

longitude 82°03′46′′ West) on the 

northwestern shoreline of the 

embayment on the east side of Matlacha 

Pass, immediately south of Pine Island 

Road and then running along the eastern 

shoreline of the unnamed island to the 

south to its southeasternmost point 

(approximate latitude 26°37′30′′ North, 

approximate longitude 82°03′22′′ West), 

then bearing 163° to the 

northwesternmost point of the unnamed 

island to the south, then running along 

the western shoreline of said island to 

its southernmost point (approximate 

latitude 26°37′15′′ North, approximate 

longitude 82°03′15′′ West), then bearing 

186° to the line’s terminus at a point 

(approximate latitude 26°37′10′′ North, 

approximate longitude 82°03′16′′ West) 

on the eastern shoreline of Matlacha 

Pass; 

(D) All waters of Pine Island Creek 

south of Pine Island Road (State Road 

No. 78); and all waters of Matlacha Pass, 

Rock Creek, and the Mud Hole, west of 

a line beginning at a point (approximate 

latitude 26°33′52′′ North, approximate 

longitude 82°04′53′′ West) on the 

western shoreline of Matlacha Pass and 

bearing 22° to a point (approximate 

latitude 26°34′09′′ North, approximate 

longitude 82°04′45′′ West) on the 

southern shoreline of the unnamed 

island to the northeast, then running 

along the southern and eastern 

shorelines of said island to a point 

(approximate latitude 26°34′15′′ North, 

approximate longitude 82°04′39′′ West) 

on its northeastern shoreline, then 

bearing 24° to a point (approximate 

latitude 26°34′21′′ North, approximate 

longitude 82°04′36′′ West) on the 

southern shoreline of the large unnamed 

island to the north, then running along 

the southern and eastern shorelines of 

said island to a point (approximate 

latitude 26°34′31′′ North, approximate 

longitude 82°04′29′′ West) on its eastern 

shoreline, then bearing 41° to the 

southernmost point (approximate 

latitude 26°34′39′′ North, approximate 

longitude 82°04′22′′ West) of another 

unnamed island to the northeast, then 

running along the eastern shoreline of 

said island to its northwesternmost 

point (approximate latitude 26°35′22′′

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70391

North, approximate longitude 82°04′07′′

West), then bearing 2° to the 

southernmost point (approximate 

latitude 26°35′32′′ North, approximate 

longitude 82°04′07′′ West) of the 

unnamed island to the north, then 

running along the eastern shoreline of 

said island to its northernmost point 

(approximate latitude 26°35′51′′ North, 

approximate longitude 82°03′59′′ West), 

then bearing 353° to the line’s terminus 

at a point (approximate latitude 

26°36′08′′ North, approximate longitude 

82°04′01′′ West) on the eastern shoreline 

of Little Pine Island; and 

(E) All waters of Punta Blanca Bay 

and Punta Blanca Creek, east of the 

eastern shoreline of Matlacha Pass and 

east and north of the eastern and 

northern shorelines of San Carlos Bay. 

(iii) Watercraft may not exceed 25 

miles per hour, all year, in all waters 

within the main marked channel in 

Matlacha Pass south of Green Channel 

Marker ‘‘77’’ (approximate latitude 

26°40′00′′ North, approximate longitude 

82°06′00′′ West) and north of a line 

perpendicular to the channel at a point 

in the channel 1⁄4 mile northwest of the 

Pine Island Road Bridge (State Road No. 

78). 

(iv) Watercraft may not exceed 25 

miles per hour, all year, in all waters 

within the main marked channel in 

Matlacha Pass south of a line 

perpendicular to the channel at a point 

in the channel 1⁄4 mile southeast of the 

Pine Island Road Bridge (State Road No. 

78), and north of a line 500 feet 

northwest of and parallel to the main 

marked channel of the Intracoastal 

Waterway (just north of Green Channel 

Marker ‘‘1’’).

(v) Watercraft may not exceed 25 

miles per hour, all year, in all waters 

within the marked channel in Matlacha 

Pass that intersects the main Matlacha 

Pass channel near Green Channel 

Marker ‘‘15’’ (approximate latitude 

26°31′57′′ North, approximate longitude 

82°03′38′′ West) and intersects the main 

marked channel of the Intracoastal 

Waterway near Green Channel Marker 

‘‘101’’ (approximate latitude 26°30′39′′

North, approximate longitude 82°01′00′′

West). 

(vi) Watercraft are required to proceed 

at slow speed from April 1 through 

November 15 in all canals and boat 

basins of St. James City and the waters 

known as Long Cut and Short Cut; and 

all waters of Pine Island Sound and San 

Carlos Bay south of a line beginning at 

the southernmost tip (approximate 

latitude 26°31′28′′ North, approximate 

longitude 82°06′19′′ West) of a mangrove 

peninsula on the western shore of Pine 

Island approximately 2,200 feet north of 

Galt Island and bearing 309° to the 

southeasternmost point (approximate 

latitude 26°31′32′′ North, approximate 

longitude 82°06′25′′ West) of another 

mangrove peninsula, then running along 

the southern shoreline of said peninsula 

to its southwesternmost point 

(approximate latitude 26°31′40′′ North, 

approximate longitude 82°06′38′′ West), 

then bearing 248° to a point 

(approximate latitude 26°31′40′′ North, 

approximate longitude 82°06′39′′ West) 

on the eastern shoreline of an unnamed 

mangrove island, then running along the 

southern shoreline of said island to its 

southwesternmost point (approximate 

latitude 26°31′39′′ North, approximate 

longitude 82°06′44′′ West), then bearing 

206° to the line’s terminus at the 

northernmost point of the MacKeever 

Keys (approximate latitude 26°31′09′′

North, approximate longitude 82°07′09′′

West), east of a line beginning at said 

northernmost point of the MacKeever 

Keys and running along and between 

the general contour of the western 

shorelines of said keys to a point 

(approximate latitude 26°30′27′′ North, 

approximate longitude 82°07′08′′ West) 

on the southernmost of the MacKeever 

Keys, then bearing 201° to a point 

(approximate latitude 26°30′01′′ North, 

approximate longitude 82°07′19′′ West) 

approximately 150 feet due east of the 

southeasternmost point of Chino Island, 

then bearing approximately 162° to Red 

Intracoastal Waterway Channel Marker 

‘‘22’’ (approximate latitude 26°28′57′′

North, approximate longitude 82°06′55′′

West), then bearing approximately 117°

to the line’s terminus at Red Intracoastal 

Waterway Channel Marker ‘‘20’’

(approximate latitude 26°28′45′′ North, 

approximate longitude 82°06′38′′ West), 

north of a line beginning at said Red 

Intracoastal Waterway Channel Marker 

‘‘20’’ and bearing 86° to a point 

(approximate latitude 26°28′50′′ North, 

approximate longitude 82°05′48′′ West) 1⁄4 mile south of York Island, then 

running parallel to and 1⁄4 mile south of 

the general contour of the southern 

shorelines of York Island and Pine 

Island to the line’s terminus at a point 

on a line bearing 360° from Red 

Intracoastal Waterway Channel Marker 

‘‘10’’ (approximate latitude 26°29′16′′

North, approximate longitude 82°03′35′′

West), and west and southwest of the 

general contour of the western and 

southern shorelines of Pine Island and 

a line that bears 360° from said Red 

Intracoastal Waterway Channel Marker 

‘‘10,’’ excluding the portion of the 

marked channel otherwise designated in 

paragraph (c)(13 )(vii) of this section.

(vii) Watercraft may not exceed 25 

miles per hour from April 1 through 

November 15 in all waters of the marked 

channel that runs north of the power 

lines from the Cherry Estates area of St. 

James City into Pine Island Sound, east 

of the western boundary of the zone 

designated in paragraph (c)(13)(vi) of 

this section, and west of a line 

perpendicular to the power lines that 

begins at the easternmost point 

(approximate latitude 26°30′25′′ North, 

approximate longitude 82°06′15′′ West) 

of the mangrove island on the north side 

of the power lines approximately 1,800 

feet southwest of the Galt Island 

Causeway. 

(viii) Watercraft are required to 

proceed at slow speed all year in all 

waters of San Carlos Bay and Punta 

Rassa Cove east of a line that bears 352°

from the northernmost tip of the 

northern peninsula on Punta Rassa 

(approximate latitude 26°29′44′′ North, 

approximate longitude 82°00′33′′ West), 

and south of a line that bears 122° from 

Intracoastal Waterway Green Channel 

Marker ‘‘99’’ (approximate latitude 

26°31′00′′ North, approximate longitude 

82°00′52′′ West), including all waters of 

Shell Creek and associated waterways. 

(ix) Watercraft are required to proceed 

at slow speed all year in all waters of 

San Carlos Bay and the Caloosahatchee 

River, including the residential canals of 

Cape Coral, northeast of a line that bears 

302° and 122° from Intracoastal 

Waterway Green Channel Marker ‘‘99’’

(approximate latitude 26°31′00′′ North, 

approximate longitude 82°00′52′′ West), 

west of a line that bears 346° from 

Intracoastal Waterway Green Channel 

Marker ‘‘93’’ (approximate latitude 

26°31′37′′ North, approximate longitude 

81°59′46′′ West), and north and 

northwest of the general contour of the 

northwestern shoreline of Shell Point 

and a line that bears approximately 74°

from the northernmost tip (approximate 

latitude 26°31′31′′ North, approximate 

longitude 81°59′57′′ West) of Shell Point 

to said Intracoastal Waterway Green 

Channel Marker ‘‘93,’’ excluding the 

Intracoastal Waterway between markers 

‘‘93’’ and ‘‘99’’ (which is already 

designated as a Federal manatee 

protection area, requiring watercraft to 

proceed at slow speed, and is not 

impacted by this rulemaking). 

(x) Watercraft are required to proceed 

at slow speed from April 1 through 

November 15 and at not more than 25 

miles per hour the remainder of the year 

in all waters of Hell Peckney Bay 

southeast of Hurricane Bay, northeast of 

the northern shorelines of Julies Island 

and the unnamed island immediately 

northwest of Julies Island and a line that 

bears 312° from the northwesternmost 

point of Julies Island (approximate 

latitude 26°26′′37′′ North, approximate 

longitude 81°54′57′′ West), northwest of 

70392 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

Estero Bay, and southwest of a line 

beginning at the southernmost point 

(approximate latitude 26°27′23′′ North, 

approximate longitude 81°55′11′′ West) 

of an unnamed mangrove peninsula in 

northwest Hell Peckney Bay and bearing 

191° to the northernmost point 

(approximate latitude 26°27′19′′ North, 

approximate longitude 81°55′11′′ West) 

of an unnamed mangrove island, then 

running along the northern shoreline of 

said island to its southeasternmost point 

(approximate latitude 26°27′11′′ North, 

approximate longitude 81°55′05′′ West), 

then bearing 115° to a point 

(approximate latitude 26°27′03′′ North, 

approximate longitude 81°54′47′′ West) 

on the northwest shoreline of an 

unnamed mangrove island, then 

running along the northern shoreline of 

said island to its northeasternmost point 

(approximate latitude 26°27′02′′ North, 

approximate longitude 81°54′33′′ West), 

and then bearing 37° to the line’s 

terminus at the westernmost point of an 

unnamed mangrove peninsula in 

eastern Hell Peckney Bay. 

(xi) Watercraft are required to proceed 

at slow speed from April 1 through 

November 15 and at not more than 25 

miles per hour the remainder of the year 

in all waters of Hendry Creek south of 

a line that bears 270° from a point 

(approximate latitude 26°28′40′′ North, 

approximate longitude 81°52′56′′ West) 

on the eastern shoreline of Hendry 

Creek; and all waters of Estero Bay 

southeast and east of Hell Peckney Bay, 

a line that bears 340° from a point 

(approximate latitude 26°25′56′′ North, 

approximate longitude 81°54′25′′ West) 

on the northern tip of an unnamed 

mangrove peninsula on the northeastern 

shoreline of Estero Island, and the 

northern shoreline of Estero Island, 

south of Hendry Creek and a line that 

bears 135° and 315° from Red Channel 

Marker ‘‘18’’ (approximate latitude 

26°27′46′′ North, approximate longitude 

81°52′00′′ West) in Mullock Creek, and 

north of a line that bears 72° from the 

northernmost point (approximate 

latitude 26°24′22′′ North, approximate 

longitude 81°52′34′′ West) of Black 

Island, including the waters of 

Buccaneer Lagoon at the southern end 

of Estero Island, but excluding: 

(A) The portions of the marked 

channels otherwise designated in 

paragraph (c)(13)(xiii) of this section; 

(B) The Estero River; and 

(C) To waters of Big Carlos Pass east 

of a line beginning at a point 

(approximate latitude 26°24′34′′ North, 

approximate longitude 81°53′05′′ West) 

on the eastern shoreline of Estero Island 

and bearing 36° to a point (approximate 

latitude 26°24′40′′ North, approximate 

longitude 81°53′00′′ West) on the 

southern shoreline of Coon Key, south 

of a line beginning at a point 

(approximate latitude 26°24′36′′ North, 

approximate longitude 81°52′30′′ West) 

on the eastern shoreline of Coon Key 

and bearing 106° to a point 

(approximate latitude 26°24′39′′ North, 

approximate longitude 81°52′34′′ West) 

on the southwestern shoreline of the 

unnamed mangrove island north of 

Black Island, and west of a line 

beginning at a point (approximate 

latitude 26°24′36′′ North, approximate 

longitude 81°52′30′′ West) on the 

southern shoreline of said unnamed 

mangrove island north of Black Island 

and bearing 192° to the northernmost 

point (approximate latitude 26°24′22′′

North, approximate longitude 81°52′34′′

West) of Black Island.

(xii) Watercraft are required to 

proceed at slow speed from April 1 

through November 15 and at not more 

than 25 miles per hour the remainder of 

the year in all waters of Estero Bay and 

Big Hickory Bay south of a line that 

bears 72° from the northernmost point 

(approximate latitude 26°24′22′′ North, 

approximate longitude 81°52′34′′ West) 

of Black Island, east of the centerline of 

State Road No. 865 (including the 

waters of the embayment on the eastern 

side of Black Island and the waters 

inshore of the mouth of Big Hickory 

Pass that are west of State Road No. 

865), and north of a line that bears 90°

from a point (approximate latitude 

26°20′51′′ North, approximate longitude 

81°50′33′′ West) on the eastern shoreline 

of Little Hickory Island, excluding 

Spring Creek and the portions of the 

marked channels otherwise designated 

under paragraph (c)(13)(xiii) of this 

section and the portion of Hickory Bay 

designated in paragraph (c)(13)(xiii) of 

this section. 

(xiii) Watercraft may not exceed 25 

miles per hour all year in: 

(A) All waters of Big Hickory Bay 

north of a line that bears 90° from a 

point (approximate latitude 26°20′51′′

North, approximate longitude 81°50′33′′

West) on the eastern shoreline of Little 

Hickory Island, west of a line beginning 

at a point (approximate latitude 

26°20′48′′ North, approximate longitude 

81°50′24′′ West) on the southern 

shoreline of Big Hickory Bay and 

bearing 338° to a point (approximate 

latitude 26°21′39′′ North, approximate 

longitude 81°50′48′′ West) on the water 

in the northwestern end of Big Hickory 

Bay near the eastern end of Broadway 

Channel, south of a line beginning at 

said point on the water in the 

northwestern end of Big Hickory Bay 

and bearing 242° to the northernmost 

point (approximate latitude 26°21′39′′

North, approximate longitude 81°50′50′′

West) of the unnamed mangrove island 

south of Broadway Channel, and east of 

the eastern shoreline of said mangrove 

island and a line beginning at the 

southernmost point of said island 

(approximate latitude 26°21′07′′ North, 

approximate longitude 81°50′58′′ West) 

and bearing 167° to a point on Little 

Hickory Island (approximate latitude 

26°21′03′′ North, approximate longitude 

81°50′57′′ West); 

(B) All waters of the main marked 

North-South channel in northern Estero 

Bay from Green Channel Marker ‘‘37’’

(approximate latitude 26°26′02′′ North, 

approximate longitude 81°54′29′′ West) 

to Green Channel Marker ‘‘57’’

(approximate latitude 26°25′08′′ North, 

approximate longitude 81°53′29′′ West); 

(C) All waters of the main marked 

North-South channel in southern Estero 

Bay south of a line beginning at a point 

(approximate latitude 26°24′36′′ North, 

approximate longitude 81°52′30′′ West) 

on the southern shoreline of the 

unnamed mangrove island north of 

Black Island and bearing 192° to the 

northernmost point (approximate 

latitude 26°24′22′′ North, approximate 

longitude 81°52′34′′ West) of Black 

Island, and north and east of Red 

Channel Marker ‘‘62’’ (approximate 

latitude 26°21′31′′ North, approximate 

longitude 81°51′20′′ West) in Broadway 

Channel; 

(D) All waters within the portion of 

the marked channel leading to the Gulf 

of Mexico through New Pass, west of the 

North-South channel and east of State 

Road No. 865; all waters of the marked 

channel leading to Mullock Creek north 

of a line beginning at a point 

(approximate latitude 26°24′36′′ North, 

approximate longitude 81°52′30′′ West) 

on the eastern shoreline of Coon Key 

and bearing 106° to a point 

(approximate latitude 26°24′39′′ North, 

approximate longitude 81°52′34′′ West) 

on the southwestern shoreline of the 

unnamed mangrove island north of 

Black Island, and south of Red Channel 

Marker ‘‘18’’ (approximate latitude 

26°27′46′′ North, approximate longitude 

81°52′00′′ West); 

(E) All waters of the marked channel 

leading from the Mullock Creek Channel 

to the Estero River, west of the mouth 

of the Estero River. (This designation 

only applies if a channel is marked in 

accordance with permits issued by all 

applicable State and Federal authorities. 

In the absence of a properly permitted 

channel, this area is as designated under 

paragraph (c)(13)(xi) of this section.); 

(F) All waters of the marked channel 

commonly known as Alternate Route 

Channel, with said channel generally 

running between Channel Marker ‘‘1’’

(approximate latitude 26°24′29′′ North, 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70393

approximate longitude 81°51′53′′ West) 

and Channel Marker ‘‘10’’ (approximate 

latitude 26°24′00′′ North, approximate 

longitude 81°51′09′′ West);

(G) All waters of the marked channel 

commonly known as Coconut Channel, 

with said channel generally running 

between Channel Marker ‘‘1’’

(approximate latitude 26°23′44′′ North, 

approximate longitude 81°50′55′′ West) 

and Channel Marker ‘‘23’’ (approximate 

latitude 26°24′00′′ North, approximate 

longitude 81°50′30′′ West); 

(H) All waters of the marked channel 

commonly known as Southern Passage 

Channel, with said channel generally 

running between Channel Marker ‘‘1’’

(approximate latitude 26°22′58′′ North, 

approximate longitude 81°51′57′′ West) 

and Channel Marker ‘‘22’’ (approximate 

latitude 26°23′27′′ North, approximate 

longitude 81°50′46′′ West); and 

(I) All waters of the marked channel 

leading from the Southern Passage 

Channel to Spring Creek, west of the 

mouth of Spring Creek. 

(xiv) Maps of the Pine Island-Estero 

Bay Manatee Refuge follow: 

BILLING CODE 4310–55–P

70394 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 


ER06DE04.015</GPH>
Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70395

Dated: November 26, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–26705 Filed 12–3–04; 8:45 am] 

BILLING CODE 4310–SS–C


ER06DE04.016</GPH>