68714 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

modified 

Communities 

affected 

Huron County, Ohio, and Incorporated Areas 

Docket No.: FEMA–B–1080 

East Branch Huron River .......... Approximately 50 feet downstream of Norfolk and Western Railroad.+666 Unincorporated Areas of 

Huron County. 

Approximately 0.5 mile downstream of West Main Street .. +672 

Approximately 50 feet downstream of West Main Street ... +674 

Just downstream of State Route 61 ................................... +677 

Norwalk Creek .......................... Just downstream of State Route 61 ................................... +677 Unincorporated Areas of 

Huron County. 

Approximately 1,800 feet upstream of State Route 61 ...... +680 

Norwalk Creek .......................... Approximately 700 feet downstream of Southwest Street .. +688 City of Norwalk, Unincorporated Areas of Huron 

County. 

Approximately 400 feet downstream of East Elm Street .... +709 

* National Geodetic Vertical Datum 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Norwalk 

Maps are available for inspection at 38 Whittlesey Avenue, Norwalk, OH 44857. 

Unincorporated Areas of Huron County 

Maps are available for inspection at 8 Fair Road, Norwalk, OH 44857. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: October 29, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–28227 Filed 11–8–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68715 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Baxter County, Arkansas, and Incorporated Areas 

Docket No.: FEMA–B–1064 

North Fork River ....................... At the confluence with the White River ............................... +398 City of Norfork, City of 

Salesville, Unincorporated 

Areas of Baxter County. 

Just downstream of State Highway 177 ............................. +398 

Tributary 1 to Dodd Creek ........ At the confluence with Dodd Creek .................................... +785 City of Mountain Home. 

Approximately 505 feet upstream of Burnett Drive ............. +834 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Mountain Home 

Maps are available for inspection at 720 South Hickory Street, Mountain Home, AR 72653. 

City of Norfork 

Maps are available for inspection at 49 City Hall Circle, Norfork, AR 72653. 

City of Salesville 

Maps are available for inspection at 46 Salesville Circle, Salesville, AR 72653. 

Unincorporated Areas of Baxter County 

Maps are available for inspection at the Baxter County Courthouse, 1 East 7th Street, Mountain Home, AR 72653. 

Clare County, Michigan (All Jurisdictions) 

Docket No.: FEMA–B–1069 

Budd Lake ................................. Entire shoreline ................................................................... +1114 City of Harrison, Township of 

Hayes. 

Doc and Tom Lake ................... Entire shoreline ................................................................... +1067 Township of Freeman. 

Eight Point Lake ....................... Entire shoreline ................................................................... +1053 Township of Garfield. 

Grass Lake ............................... Entire shoreline ................................................................... +1081 Township of Freeman. 

Lake Shamrock ......................... Entire shoreline ................................................................... +826 City of Clare, Township of 

Grant. 

Surrey Lake .............................. Entire shoreline ................................................................... +958 Township of Surrey. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Clare 

Maps are available for inspection at 202 West 5th Street, Clare, MI 48617. 

City of Harrison 

Maps are available for inspection at 229 East Beech Street, Harrison, MI 48625. 

Township of Freeman 

Maps are available for inspection at 7280 West Mannsiding Road, Lake, MI 48632. 

Township of Garfield 

Maps are available for inspection at 9348 Terry Street, Lake, MI 48632. 

Township of Grant 

Maps are available for inspection at 3022 Surrey Road, Clare, MI 48617. 

Township of Hayes 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
68716 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Maps are available for inspection at 2051 East Townline Lake Road, Harrison, MI 48625. 

Township of Surrey 

Maps are available for inspection at 110 East Michigan Street, Farwell, MI 48622. 

San Miguel County, New Mexico, and Incorporated Areas 

Docket No.: FEMA–B–1069 

Arroyo Hermanos ...................... At the confluence with Gallinas Creek ................................ +6448 City of Las Vegas. 

Just downstream of Lopez Street ....................................... +6493 

Arroyo Pajarito .......................... At the confluence with Gallinas Creek ................................ +6415 City of Las Vegas. 

Just downstream of Salazar Street ..................................... +6476 

Arroyo Pecos ............................ Approximately 0.8 mile downstream of East Frontage 

Road.

+6381 City of Las Vegas, Unincorporated Areas of San 

Miguel County. 

Just upstream of Las Vegas Boulevard .............................. +6458 

Gallinas Creek .......................... Just upstream of I–25 ......................................................... +6381 City of Las Vegas, Unincorporated Areas of San 

Miguel County. 

Approximately 0.4 mile downstream of El Camino Road ... +6515 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Las Vegas 

Maps are available for inspection at the San Miguel County Office of Planning and Zoning, 500 West National Avenue, 3rd Floor, Las Vegas, 

NM 87701. 

Unincorporated Areas of San Miguel County 

Maps are available for inspection at the San Miguel County Assessor’s Office, 500 West National Avenue, Suite 105, Las Vegas, NM 87701. 

Cuyahoga County, Ohio, and Incorporated Areas 

Docket No.: FEMA–B–1053 

Anthony Lake Tributary ............ Approximately 425 feet downstream of Anthony Lane ....... +897 City of Parma, City of Parma 

Heights. 

Approximately 140 feet upstream of Anthony Lane ........... +902 

Big Creek .................................. Approximately 300 feet downstream of Ridge Road .......... +679 City of Brooklyn. 

Approximately 1,100 feet upstream of Ridge Road ............ +695 

Chagrin River ............................ Approximately 0.5 mile upstream of Rogers Road ............. +683 Village of Mayfield. 

Chagrin River ............................ Approximately 40 feet upstream of Woodland Road .......... +786 Village of Moreland Hills. 

Approximately 1,200 feet upstream of Woodland Road ..... +789 

Approximately 850 feet downstream of Miles Road ........... +851 

Approximately 1,200 feet upstream of Miles Road ............. +860 

Countrymans Creek .................. Upstream of I–71 ................................................................. +721 Village of Lindale. 

Downstream of Bellaire Road ............................................. +727 

Cuyahoga River ........................ Approximately 40 feet upstream of Brecksville Road ......... +605 City of Garfield Heights.

Approximately 700 feet upstream of Brecksville Road ....... +607 

Doan Brook ............................... Approximately 160 feet upstream of Martin Luther King Jr. 

Drive.

+777 City of Cleveland Heights. 

Approximately 130 feet upstream of West Woodland Road +915 

Dover Ditch ............................... Approximately 150 feet downstream of Harding Drive ....... +724 City of North Olmsted. 

Gifford-Avon Ditch .................... Approximately 100 feet upstream of Naigle Road .............. +629 City of Westlake. 

Approximately 0.5 mile upstream of Naigle Road .............. +629 

Lake Erie ................................... Entire shoreline within the Cities of Bay Village, Cleveland, and Lakewood.+576 City of Bay Village, City of 

Cleveland, City of Lakewood. 

Mill Creek .................................. Approximately 30 feet downstream of McCracken Road ... +841 City of Maple Heights. 

Approximately 390 feet upstream of McCracken Road ...... +841 

Plum Creek ............................... Mouth at West Branch Rocky River .................................... +710 City of Olmsted Falls, Unincorporated Areas of Cuyahoga County. 

Approximately 70 feet downstream of Sprague Road ........ +780 

Rocky River .............................. Approximately 1,100 feet upstream of Detroit Road .......... +580 City of Cleveland, City of 

Rocky River. 

Approximately 3,500 feet upstream of River Road ............. +606 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68717 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

Tinkers Creek Tributary 1 ......... Approximately 0.3 mile upstream of Walton Road ............. +930 City of Bedford. 

West Branch Rocky River ........ Approximately 1.1 mile downstream of Water Street ......... +682 City of Olmsted Falls, Unincorporated Areas of Cuyahoga County. 

At Sprague Road ................................................................. +753 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Bay Village 

Maps are available for inspection at 350 Dover Center Road, Bay Village, OH 44140. 

City of Bedford 

Maps are available for inspection at 165 Center Road, Bedford, OH 44146. 

City of Brooklyn 

Maps are available for inspection at 7619 Memphis Avenue, Brooklyn, OH 44144. 

City of Cleveland 

Maps are available for inspection at 601 Lakeside Avenue, Cleveland, OH 44144. 

City of Cleveland Heights 

Maps are available for inspection at 40 Severance Circle, Cleveland Heights, OH 44118. 

City of Garfield Heights 

Maps are available for inspection at 5407 Turney Road, Garfield Heights, OH 44125. 

City of Lakewood 

Maps are available for inspection at 12650 Detroit Avenue, Lakewood, OH 44107. 

City of Maple Heights 

Maps are available for inspection at 5353 Lee Road, Maple Heights, OH 44137. 

City of North Olmsted 

Maps are available for inspection at 5200 Dover Center Road, North Olmsted, OH 44070. 

City of Olmsted Falls 

Maps are available for inspection at 26100 Bagley Road, Olmsted Falls, OH 44138. 

City of Parma 

Maps are available for inspection at 6611 Ridge Road, Parma, OH 44129. 

City of Parma Heights 

Maps are available for inspection at 6281 Pearl Road, Parma Heights, OH 44130. 

City of Rocky River 

Maps are available for inspection at 21012 Hillard Boulevard, Rocky River, OH 44116. 

City of Westlake 

Maps are available for inspection at 27700 Hillard Boulevard, Westlake, OH 44145. 

Unincorporated Areas of Cuyahoga County 

Maps are available for inspection at 323 Lakeside Avenue, Suite 400, Cleveland, OH 44113. 

Village of Lindale 

Maps are available for inspection at 4016 West 119th Street, Lindale, OH 44135. 

Village of Mayfield 

Maps are available for inspection at 6622 Wilson Mills Road, Mayfield, OH 44143. 

Village of Moreland Hills 

Maps are available for inspection at 4350 S.O.M. Center Road, Moreland Hills, OH 44022. 

Kent County, Rhode Island (All Jurisdictions) 

Docket No.: FEMA–B–1078 

Maskerchugg River ................... Approximately 750 feet downstream of State Route 1A 

(Boston Post Road).

+15 City of Warwick, Town of 

East Greenwich. 

Approximately 45 feet upstream of Division Street ............ +75 

North Branch Pawtuxet River 

(Upper Reach).

Approximately 530 feet downstream of State Route 116 

(located in Providence County).

+183 Town of Coventry. 

Approximately 240 feet downstream of State Route 116 

(located in Providence County).

+185 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
68718 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters (MSL) 

modified 

Communities affected 

ADDRESSES 

City of Warwick 

Maps are available for inspection at the City Hall-Annex Building, Planning Department, 3275 Post Road, 2nd Floor, Warwick, RI 02886. 

Town of Coventry 

Maps are available for inspection at the Public Works Department, 1688 Flat River Road, Coventry, RI 02816. 

Town of East Greenwich 

Maps are available for inspection at the Department of Public Works, 111 Pierce Street, East Greenwich, RI 02818. 

Cannon County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1065 

East Fork Stones River ............ Approximately 80 feet downstream of the confluence with 

Lehman Branch.

+690 Unincorporated Areas of 

Cannon County. 

Approximately 40 feet upstream of Doolittle Road ............. +706 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Cannon County 

Maps are available for inspection at 1 Courthouse Square, Woodbury, TN 37190. 

Gonzales County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1069 

Baldridge Creek ........................ Approximately 1 mile downstream of State Highway 97 .... +350 Unincorporated Areas of 

Gonzales County. 

Approximately 1,400 feet upstream of U.S. Route 90 West +368 

Guadalupe River ....................... At the confluence with Tinsley Creek ................................. +278 City of Gonzales, Unincorporated Areas of Gonzales 

County. 

Approximately 1.4 mile downstream of County Road 466 +286 

Tinsley Creek ............................ Approximately 530 feet upstream of Weimer Street ........... +294 City of Gonzales. 

Just upstream of Sarah DeWitt Drive ................................. +303 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Gonzales 

Maps are available for inspection at P.O. Box 547, Gonzales, TX 78629. 

Unincorporated Areas of Gonzales County 

Maps are available for inspection at 414 Saint Joseph Street, Gonzales, TX 78629. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68719 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: October 29, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–28228 Filed 11–8–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2010–0079; 

92220–1113–0000–C3] 

RIN 1018–AX27 

Endangered and Threatened Wildlife 

and Plants; Emergency Rule To 

Establish a Manatee Refuge in Kings 

Bay, Citrus County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Emergency rule. 

SUMMARY: This emergency rule 

establishes a manatee refuge in Citrus 

County, Florida, in the waters of Kings 

Bay, including its tributaries and 

connected waters because we, the U.S. 

Fish and Wildlife Service (Service), 

have determined that there is 

substantial evidence that there is 

imminent danger of a taking of one or 

more manatees (Trichechus manatus) in 

these waters. This emergency action is 

effective for 120 days. We will initiate 

the rulemaking process to establish a 

permanent manatee refuge in this area, 

including holding the first of several 

public meetings, within 10 days of the 

publication of this rule. 

DATES: This action will be effective from 

November 15, 2010 through March 15, 

2011, and the effective date for this 

action was also issued through a legal 

notice published in the Citrus County 

Chronicle on November 9, 2010, in 

accordance with 50 CFR 17.106. The 

dates for the public meetings are listed 

under the Public Participation section of 

this rule. 

ADDRESSES: The complete file for this 

rule is available for inspection, by 

appointment, during normal business 

hours at North Florida Ecological 

Services Field Office, U.S. Fish and 

Wildlife Service, 7915 Baymeadows 

Way, Suite 200, Jacksonville, Florida 

32256. Supplementary documents may 

be obtained via the Internet at http:// 

www.regulations.gov in Docket No. 

FWS–R4–ES–2010–0079. The addresses 

for the public meetings are listed under 

the Public Participation section of this 

rule. 

FOR FURTHER INFORMATION CONTACT: Jim 

Valade, Florida Manatee Recovery Lead, 

(see ADDRESSES section), telephone 904/ 

731–3336. 

SUPPLEMENTARY INFORMATION: 

Background 

The Crystal River is a tidal river on 

the west coast of Florida. Forming the 

headwaters of Crystal River is Kings 

Bay, a lake-like waterbody fed by 

numerous fresh-water springs. The 

Kings Bay springs constitute one of the 

most important natural warm-water 

refuges for manatees. The West Indian 

manatee (Trichechus manatus) is 

federally listed as an endangered 

species under the Endangered Species 

Act of 1973, as amended (ESA) (16 

U.S.C. 1531 et seq.) and the population 

is further protected as a depleted stock 

under the Marine Mammal Protection 

Act of 1972, as amended (MMPA) (16 

U.S.C. 1361 et seq.). The West Indian 

manatee includes two subspecies: The 

Florida manatee (Trichechus manatus 

latirostris) and the Antillean manatee 

(Trichechus manatus manatus). The 

Florida manatee’s range includes Kings 

Bay. 

Kings Bay is actively used by a 

growing population of manatees that 

now numbers in the hundreds of 

individuals (reaching 565 individuals in 

2010) (Kleen 2010, pers. com.). 

Manatees primarily use the area in 

Kings Bay as a wintering site, relying on 

the bay’s natural springs and adjacent 

forage areas for warmth and sustenance. 

When Gulf of Mexico water 

temperatures drop to about 68 °F (20 

°C), manatees looking for warmer water 

will begin showing up regularly in 

Kings Bay around November 15 and 

tend to stay until about March 31; this 

is the identified ‘‘manatee season’’ when 

local manatee sanctuaries are in effect. 

Occasionally, manatees will appear in 

the region earlier with the advent of an 

early winter and may remain in the 

region longer, following severe or 

extended winters. When the weather 

begins to warm around the end of 

March, manatees generally move away 

from the springs and Kings Bay, 

traveling to summer foraging areas along 

Florida’s west coast. 

Over the last 30 years (1980–2010), 

the Service and the State of Florida have 

created a network of manatee protection 

areas within the Kings Bay area. During 

the manatee season, this network 

includes seven Federal manatee 

sanctuaries (which are described in our 

regulations at 50 CFR 17.108(a)(1)– 

(a)(7)) and five State manatee protection 

zones (as described in Chapter 68C–22, 

‘‘The Florida Manatee Sanctuary Act’’ 

(2010)). This network of manatee 

protection areas is enforced by Service, 

State, and local law enforcement 

officers. Extensive outreach and 

education programs support the 

protection area network, encouraging 

the public who engage in manatee 

viewing activities to avoid harassing 

manatees. 

This network of existing manatee 

protection areas was designed to 

prevent the take of manatees caused by 

waterborne activities, including but not 

limited to, boating and manatee viewing 

activities. It was established to allow 

manatees to continue to gain access to 

critical warm-water areas and important 

resting and foraging areas. Take, as 

defined by section 3(19) of the ESA, 

means to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, collect, 

or to attempt to engage in any such 

conduct. ‘‘Harm’’ is further defined by 

regulation at 50 CFR 17.3 to mean an act 

which actually kills or injures wildlife. 

‘‘Harass’’ is also defined by regulation to 

mean any intentional or negligent act or 

omission which creates the likelihood of 

injury to wildlife by annoying it to such 

an extent as to significantly disrupt 

normal behavioral patterns, which 

include, but are not limited to, breeding, 

feeding, or sheltering (50 CFR 17.3). 

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

MMPA, means to harass, hunt, capture, 

or kill, or attempt to harass, hunt, 

capture, or kill any marine mammal. 

Under section 3(18) of the MMPA, 

harassment is defined to include any act 

of pursuit, torment, or annoyance, 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild; or (ii) has the 

potential to disturb a marine mammal or 

marine mammal stock in the wild by 

causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering. All takings, 

including takings by harassment, are 

prohibited. 

The Service can minimize take 

through the designation of manatee 

protection areas in the form of either a 

manatee refuge or a manatee sanctuary. 

Regulations authorizing designation of 

manatee refuges and sanctuaries in areas 

where prohibitions or restrictions on 

certain waterborne activities are needed 

to prevent the take of manatees are 

codified in 50 CFR 17 subpart J. A 

manatee refuge is defined as an area in 

which the Director has determined that: 

(1) Certain waterborne activities will 

take one or more manatees; or (2) certain 

waterborne activities must be restricted 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1