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
68720 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

to prevent the take of one or more 

manatees, including but not limited to 

taking by harassment. A manatee 

sanctuary is an area where it has been 

determined that any waterborne activity 

will result in the taking of one or more 

manatees, including but not limited to 

a taking by harassment (50 CFR 17.102). 

Waterborne activities that occur on 

the Service’s Crystal River National 

Wildlife Refuge (NWR) property in 

Kings Bay that are known to take 

manatees are restricted pursuant to 50 

CFR 17 subpart J and the National 

Wildlife Refuge Improvement Act (16 

U.S.C. 668dd–668ee), which allows the 

Service to issue special-use permits for 

commercial and retail activities that 

occur on NWR property. The Banana 

Island Manatee Sanctuary, designated 

under 50 CFR part 17 subpart J, 

prohibits all waterborne activities from 

occurring on some submerged lands 

owned by this NWR. Commercial and 

retail activities that occur on NWRowned land include manatee viewing, 

diving, snorkeling, videography, and 

others. Businesses wanting to engage in 

these activities on NWR property obtain 

special-use permits from Crystal River 

NWR. These permits are conditioned to 

require permittees to take those steps 

needed to make sure that their activities 

and those of their customers do not 

harass or otherwise take manatees. 

Citrus County’s coastal waters, 

including the waters of Kings Bay, are 

used for a variety of water-based 

recreational and commercial activities, 

including: Manatee viewing, snorkeling 

and scuba diving, boating, canoeing and 

kayaking, fishing, waterskiing, and other 

activities. Both Citrus County residents 

and visitors to the area engage in these 

activities. These activities are an 

important source of income for the area. 

Local eco-tour operators, dive shops, 

marinas, hotels and motels, restaurants, 

and other businesses benefit from these 

activities (Buckingham 1990b, p. 6). 

Kings Bay and its clear waters have 

catered to the scuba diving industry for 

decades (Kochman et al. 1983, p. 6). 

Beginning in the 1960s, the increasing 

presence of manatees generated a 

commercial interest in manatee viewing 

activities (Hartman 1979, pp. 126–131). 

Local dive shops and others in the 

community developed and now cater to 

individuals wanting to view manatees 

(Sorice et al. 2003, p. 327). Kings Bay is 

now a nationally and internationally 

recognized destination for winter-time 

manatee viewing. In 2001, more than 

100,000 individuals were thought to 

visit the area to view manatees (MMC 

2001, p. 125); the number of 

participants has likely increased since 

then. 

Waterborne activities, including 

manatee viewing activities, and their 

effects on manatees have been 

investigated in Kings Bay (Hartman 

1979, p. v; Packard 1983, p. i; Kochman 

et al. 1985, p. 921; Buckingham 1990b, 

p. 1; Buckingham et al. 1999, p. 514; 

Meigs-Friend 2003, p. 1; Sorice et al. 

2003, p. 319; King and Heinen 2004, p. 

227; Berger 2007, p. 1). Researchers 

described individual manatee responses 

to the presence of people in the water: 

Manatees generally avoided people; 

some approached people with curiosity 

and then left; and some manatees 

approached and solicited interactions 

with people (Hartman 1979, pp. 128– 

130; Buckingham 1990b, pp. 28–29). 

Some manatees appeared to become 

more tolerant of people through regular 

encounters. Researchers described 

swimmer encounters that disturbed 

manatees: Pursuit, riding, diving from 

the surface on to manatees, sounds from 

scuba regulators, bright lights from 

underwater videographers, and others 

(Hartman 1979, p. 131; Buckingham 

1990b, p. 29; Sorice et al. 2003, pp. 328– 

333; King and Heinen 2004, pp. 228– 

232). On a more subtle level, manatees 

were observed to move from preferred 

use areas to other areas in response to 

increasing numbers of boats and people 

(Kochman et al. 1985, pp. 922–924; 

Buckingham 1990b, pp. 16–17; 

Buckingham et al. 1999, p. 514). In 

particular, manatees tended to move 

into sanctuary or no-entry areas in the 

presence of increasing numbers of boats 

and people (Kochman et al. 1985, pp. 

922–924; Buckingham 1990b, pp. 16–17; 

Buckingham et al. 1999, pp. 514; King 

and Heinen 2004, pp. 231–232). 

The number of people, boats, and 

manatees has been increasing in the 

west Florida coast region. In Citrus 

County, home to Kings Bay, the number 

of Citrus County residents increased by 

19.8 percent, from 118,085 to 141,416, 

over the 2000–2008 period (U.S. Census 

Bureau 2010 Web site). Concurrent with 

this increase in number of residents, the 

number of boats registered in Citrus 

County increased by 36.2 percent. In 

2009, there were 17,601 boats registered 

in Citrus County, an increase of 4,675 

boats since 2000, when 12,926 vessels 

were registered there (FDHSMV 2010 

Web site). While the number of visitorowned watercraft that use Citrus County 

waterways, including Kings Bay, is 

unknown, this number is likely 

increasing, based on county revenue 

trends that describe an increasing 

number of visitors to the area. Revenue 

trends associated with businesses that 

cater to visitors, including Citrus 

County lodging and food service 

revenues and tourist tax revenues, have 

increased by 178 percent and 214 

percent, respectively, over the past 10 

years, suggesting an increase in the 

number of visitors to the area (U.S. 

Census Bureau 2010 Web site). Tourism 

surveys suggest that about half of all 

visitors to the area come to Citrus 

County to enjoy water-based activities 

that include manatee viewing, 

snorkeling, and diving (Gold 2008, pp. 

4–5). 

In January 2010, Crystal River NWR 

researchers counted 646 manatees in 

Citrus County’s coastal waters, 

including 565 manatees in Kings Bay. 

This is the highest number of manatees 

ever counted in this region and in Kings 

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

manatees have been counted by aerial 

survey in the region since the 1983– 

1984 winter, when 142 manatees, 

including 124 in Kings Bay and Crystal 

River, were first observed (Kleen 2010, 

pers. com.). The manatee population in 

Florida’s Northwest Region grew at a 

rate of 4.0 percent per year through 

2000, based on an assessment of adult 

survival rates (Runge et al. 2004, p. 371). 

In the State’s northwest region, adult 

manatee mortality is almost equally 

partitioned between human-related and 

natural causes, with watercraft 

collisions being the leading cause of 

human-induced mortality. For 

nonadults, perinatal mortality is the 

most common cause of death, with 

watercraft collisions ranked second. 

Each year, manatees are injured and/or 

killed by watercraft in Citrus County. 

From 1974–2009, 58 manatees died 

from collisions with watercraft in 

county waterways, including 15 

manatees in Kings Bay. In 2008, the 

Florida Fish and Wildlife Conservation 

Commission (FWC) recorded the highest 

number (8) of manatees ever killed by 

watercraft in Citrus County (FWC FWRI 

Manatee Mortality Database 2010 Web 

site). Watercraft-related deaths occur 

throughout the year in this region, 

including Kings Bay. To reduce the 

number of watercraft-related collisions 

with manatees, boaters must adhere to 

State manatee-protection-zone speed 

restrictions, enforced by Service, State, 

and local law enforcement agencies. 

Additional no-entry areas created by 

this rulemaking will supplement efforts 

to reduce this source of mortality. 

The impacts of encounters with 

manatees have been investigated in 

Citrus County for many years. Manatee 

responses to viewing participants and 

boats have been documented (Sorice et 

al. 2003, p. 324). Researchers noted 

increases in swimming, milling, and 

cavorting behaviors and decreases in 

resting, feeding, and nursing behaviors 


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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68721 

when numbers of people and boats 

increased (Abernathy 1995, pp. 23–26; 

Wooding 1997, p. 1; King and Heinen 

2004, pp. 230–231). They also observed 

that increases in numbers of boats and 

participants prompted manatees to use 

other areas (Kochman et al. 1985, pp. 

922–924; Buckingham et al. 1999, p. 

514). However, none of these studies’ 

observations of manatee responses to 

viewing participants and boats suggest 

that harm (killing or injuring of 

manatees) has occurred or is occurring 

(Sorice et al. 2003, p. 320). Nor have 

there been any significant increases in 

the number of cold-related injuries and 

mortalities in the northwest Florida 

region, and manatee survival rates are 

among the highest in Florida (FWC 

FWRI Manatee Mortality Database 2010 

Web site; Runge et al. 2007, p. 20). 

Manatee harassment, largely 

associated with wintertime manatee 

viewing activities, is known to occur, 

and the Service, State, and other law 

enforcement agencies actively enforce 

harassment laws in Citrus County and 

in Kings Bay. Cited acts of harassment 

include trespass by individuals viewing 

manatees into manatee sanctuaries 

where the Service has determined that 

any waterborne activity occurring 

within these areas will result in take of 

manatees, including but not limited to 

take by harassment. Outside of these 

areas, the public disturbs and 

occasionally harasses manatees while 

engaged in viewing and other 

waterborne activities. When observed, 

violators are warned or cited. Given 

variations in enforcement practices and 

recordkeeping systems, numbers and 

trends in numbers of issued warnings 

and citations are difficult to interpret. 

As such, these records are not used to 

describe trends in harassment activity. 

Indirectly, the presence of large 

numbers of people in the vicinity of 

manatees may cause some animals to 

abandon the area, another form of 

harassment. 

Increasing numbers of in-water 

visitors to Kings Bay and an absence of 

adequate space at wintering areas in 

which manatees can shelter free from 

harassment and other forms of take 

prompt the need for this emergency 

designation. Without sufficient space 

within the existing Kings Bay 

sanctuaries to shelter, rest, and feed free 

from harassment, manatees are at risk 

when exposed to cold temperatures for 

any length of time. The numbers of 

visitors and manatees have increased 

since 1998 when the last sanctuary was 

designated in Kings Bay (63 FR 55553; 

October 16, 1998), and researchers have 

documented dozens of manatees outside 

the boundaries of the seven existing 

Kings Bay sanctuaries, already filled to 

capacity with wintering manatees 

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

been harassed in areas that are outside 

the boundaries of the existing 

sanctuaries (Aloise 2010, pers. com.), 

and acts of harassment are likely to 

increase in the absence of additional 

measures. Pursuant to our authorities to 

designate manatee protection measures 

whenever substantial evidence exists of 

an imminent danger of a taking, 

including harassment, of one or more 

manatees, we believe that this 

emergency rulemaking is needed to 

prevent such take. 

Additional measures used to address 

manatee harassment, include, additional 

law enforcement, increasing and 

improved outreach and education 

efforts including on-water volunteer 

efforts to educate manatee viewers, 

improved coordination with local ecotour operators, special-use permits, and 

land acquisition and management 

activities. 

Researchers believe that manatee 

protection areas, which can include 

sanctuaries or refuges, when combined 

with law enforcement, good outreach 

and education messages and efforts, and 

some limitations on activities and 

participant numbers, are an effective 

tool for reducing adverse effects 

associated with manatee viewing 

activities (Kraus 2003, pers. com.; 

Buckingham et al. 1990a, pp. 58–63). 

However, the effectiveness of these 

measures is diminished when: (1) 

Existing sanctuaries cannot provide 

enough space for all manatees seeking to 

use them; (2) limited numbers of 

enforcement officers are available to 

enforce regulations; (3) there are 

conflicting and inadequate education 

and outreach efforts and; (4) the 

Service’s ability to control the number 

of people who come to view manatees 

is limited (Kraus 2003, pers. com.; 

Sorice et al. 2006, pp. 69–83). 

At present, the current sanctuaries do 

not provide adequate space for all 

manatees wanting to use these sites. 

Observations from both aerial survey 

and on-water observers describe dozens 

of manatees unable to access 

overcrowded sanctuaries (Kleen 2010, 

pers. com.; Lusk 2010, pers. com.). This 

increase in the number of manatees 

unable to access the sanctuaries is 

consistent with the recent record high 

count of manatees (565) in Kings Bay in 

January 2010. Similarly, the number of 

residents, visitors, and boats in the area, 

including those who engage in manatee 

viewing activities, has increased. While 

not quantified, the number of public 

reports of purported manatee 

harassment received by Crystal River 

NWR is increasing (Lusk 2010, pers. 

com.). The presence of increasing 

numbers of manatees just outside of 

sanctuary boundaries, where they are 

more accessible to increasing numbers 

of people who come to view manatees, 

provides increasing opportunities for 

harassment to occur. While the existing 

network does provide a level of 

protection for wintering manatees, the 

network, in its current condition, is 

unable to provide the level of protection 

needed to prevent increasing acts of 

harassment from occurring in the face of 

increasing numbers of manatees and 

manatee viewing participants. 

To further prevent acts of harassment 

and other forms of take from occurring 

in Kings Bay, through this emergency 

rule, we designate the entire area as a 

manatee refuge. The areas covered by 

this emergency rule are shown in the 

map in the rule portion of this 

document. With this designation, we 

will implement measures that will 

improve our ability to address potential 

take associated with manatee viewing 

and other activities. These protection 

measures will establish, as needed, 

additional no-entry areas outside of and 

within specified distances from existing 

manatee sanctuaries where all 

waterborne activities, including 

swimming, diving (including skin and 

scuba diving), snorkeling, water skiing, 

surfing, fishing, and the use of water 

vehicles (including but not limited to 

boats powered by engine, wind or other 

means; ships powered by engine, wind 

or other means; barges, surfboards, 

personal watercraft, water skis, and any 

other devices or mechanisms capable of 

locomotion on, across, or underneath 

the surface of the water) are prohibited 

from November 15 to March 15. We will 

also restrict and/or prohibit specific 

actions known to take manatees in 

Kings Bay outside of existing manatee 

sanctuaries, like riding or attempting to 

ride a manatee. 

Increasing numbers of manatees, 

increasing levels of human activities 

known to take manatees, and an 

outdated protected area network for 

addressing manatee harassment-related 

takings in Kings Bay prompts the need 

to implement additional measures now 

so that adequate protections will be in 

place in time for the start of the 

upcoming winter manatee season. The 

existing protected area network was last 

modified 14 years ago in 1998, when a 

high count of 250 manatees was 

observed in Kings Bay. Since that time, 

the number of manatees using Kings Bay 

has more than doubled, the number of 

Citrus County residents has increased 

by almost 20 percent, the number of 

locally registered boats has increased by 


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36 percent, and the number of people 

coming to view manatees in Crystal 

River exceeds the estimated 100,000 

visitors who came to see manatees in 

1998. Increasing numbers of manatees 

and members of the public engaged in 

manatee viewing activities are 

overwhelming the manatee protection 

area network. Additional protection 

measures need to be in place prior to the 

upcoming winter season (which starts 

on November 15, 2010) as described 

earlier in this document. 

This emergency rule will give 

manatees protection from harassment at 

a time when they are unable to find 

refuge within the existing Federal 

manatee sanctuaries and are vulnerable 

to harassment due to the cold 

temperatures that confine them to Kings 

Bay. Designating manatee protection 

areas to prohibit the take of manatees in 

Kings Bay is consistent with our 

authorities under the ESA and the 

MMPA. The designation of a manatee 

refuge in Kings Bay is also consistent 

with the Service’s Florida Manatee 

Recovery Plan (2001), which identifies 

the implementation of strategies to 

eliminate or minimize manatee 

harassment as an action needed to 

further the recovery of this species 

(USFWS 2001). Our authority to create 

manatee protection areas to prevent the 

take of manatees is codified in 50 CFR 

subpart J, which authorizes the Director 

to establish manatee refuges and 

sanctuaries. This authority also 

authorizes the Service to designate, on 

an emergency basis, manatee protection 

areas when it is determined that there 

is evidence of imminent danger of a 

taking of one or more manatees and that 

establishment of a manatee protection 

area is necessary to prevent such a 

taking. 

Emergency Determination 

This emergency rule establishes a 

manatee refuge in Kings Bay to prevent 

the imminent take of manatees resulting 

from manatee viewing and other 

activities known to occur in this area. 

To prevent the imminent take of 

manatees in Kings Bay, this emergency 

rule will (1) prohibit all waterborne 

activities from specified areas outside of 

existing sanctuaries where manatees 

that are unable to gain access and avoid 

harassment due to overcrowding are 

found; and (2) identify and restrict 

certain waterborne activities known to 

take manatees in Kings Bay, including 

actions taken by manatee viewing 

participants known to disturb manatees. 

The emergency manatee refuge is 

located within the waters of Kings Bay 

and connecting waters and tributaries 

west of U.S. Highway 19 and upstream 

of the confluence of the Crystal River 

and Kings Bay. This designation of an 

emergency manatee refuge will not 

change the boundaries of the existing 

manatee sanctuaries in Kings Bay. See 

map below in the rule portion of this 

document. 

When we initiate proceedings to 

develop a proposed rule to establish the 

manatee refuge area as required by 

§ 17.106 and during the rulemaking 

process, we will consider the possible 

issuance of permits in accordance with 

§ 17.105 and section 104 of the MMPA. 

Regulations under 50 CFR 17.105 

authorize the Service to issue permits 

allowing activities, otherwise prohibited 

under 50 CFR 17.106 or 50 CFR 17.108, 

for scientific purposes or for the 

enhancement of propagation or survival. 

We will also explore other means to 

authorize activities otherwise prohibited 

under 50 CFR 17.106 or 50 CFR 17.108. 

To protect manatees until we can 

complete the proposed rule and final 

rule that will permanently establish 

additional manatee protections in Kings 

Bay, the Service believes it is critical to 

establish a manatee refuge on an 

emergency basis to prevent the 

imminent take of manatees in Kings Bay 

from waterborne activities during the 

upcoming winter months. Specifically, 

we are establishing this manatee refuge 

now on an emergency basis to prevent 

acts of take including manatee 

harassment associated with manatee 

viewing and other activities this winter. 

This refuge designation will remain in 

place for 120 days, from November 15, 

2010, to March 15, 2011. Consistent 

with our authority under our regulations 

at 50 CFR 17.106 to designate manatee 

protection areas on an emergency basis, 

within 10 days of this emergency 

designation, we will initiate the 

proceedings to establish the manatee 

refuge area as required by our 

regulations at 50 CFR 17.106(e). 

Public Participation 

The proceedings to establish the 

manatee refuge area will include a series 

of four public meetings as described 

below. All four public meetings will be 

held at the Plantation Inn and Golf 

Resort, 9301 W. Fort Island Trail, 

Crystal River, FL 34429. 

First, we will hold two informational 

public meetings. The purpose of these 

informational public meetings is to 

provide the public with an opportunity 

to learn more about the emergency 

designation of a manatee refuge in Kings 

Bay, why the Service took this action, 

and to ask questions about the 

emergency designation. These 

informational public meetings will be 

held on: 

(1) Tuesday, November 16, 2010, from 

6 to 9 p.m.; and 

(2) Thursday, November 18, 2010, 

from 6 to 9 p.m. 

Next, we will hold two, non-decision 

making, informal public meetings to 

discuss the process of formally 

establishing Kings Bay as a manatee 

refuge. The purpose of these informal 

public meetings is to provide the public 

with information on the next steps in 

the process, as well as for the exchange 

of useful information. These informal 

public meetings will be held on: 

(1) Saturday, November 20, 2010, 

from 1 to 4 p.m.; and 

(2) Thursday, December 2, 2010, from 

6 to 9 p.m. 

Effective Date 

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 

above under ‘‘Emergency 

Determination,’’ we need to establish 

this manatee protection area (Kings Bay 

refuge) prior to the time when manatees 

will be seeking warmer waters in Kings 

Bay for the winter. A 30-day delay in 

making these sites effective would result 

in further risks of manatee mortality, 

injury, and harassment during the 

period of delay. In view of the evidence 

that there is imminent danger that 

manatees will be taken in the waters of 

Kings Bay and in its tributaries and 

connected waters, we believe good 

cause exists to make this rule effective 

upon November 15, 2010. 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. The lack of 

emergency action could result in 

additional take of manatees. This rule 

does not supersede any more stringent 

State or local regulations. 

Required Determinations 

During the process of preparing a 

proposed rule to establish this manatee 

protection area, which will commence 

through a public workshop as described 

above under ‘‘Emergency 

Determination,’’ we will be evaluating 

this action in relation to possible 

economic impact, its effect on small 

businesses, and other required 

determinations. These required 

determinations will be included in the 

proposed rule. 


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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68723 

References Cited 

For a list of the references cited in this 

rule, see Docket No. FWS–R4–ES–2010– 

0079, available at http:// 

www.regulations.gov. 

Author 

The primary author of this document 

is Jim Valade (see ADDRESSES section). 

Authority 

The statutory authority to establish 

manatee protection areas is provided by 

the Endangered Species Act of 1973, as 

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

the Marine Mammal Protection Act of 

1972, as amended (16 U.S.C 1361 et 

seq.). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter 1, 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)(14) to read as follows: 

§ 17.108 List of designated manatee 

protection areas. 

* * * * * 

(c) * * * 

(14) The Kings Bay Manatee Refuge. A 

tract of submerged land that includes all 

waters of Kings Bay, including all 

tributaries and adjoining waterbodies, 

upstream of the confluence of Kings Bay 

and Crystal River, described by a line 

that bears North 53°00′00′′ East (True) 

from the northeasternmost point of an 

island on the southwesterly shore of 

Crystal River (approximate latitude 

28°53′32′′ North, approximate longitude 

82°36′23′′ West) to the 

southwesternmost point of a peninsula 

of Magnolia Shores (approximate 

latitude 28°53′38′′ North, approximate 

longitude 82°36′16′′ West). 

(i) The Kings Bay Manatee Refuge 

encompasses existing manatee 

protection areas as depicted on the map 

below and as described in paragraphs 

(a)(1) through (a)(7) of this section, and 

areas outside these sections as described 

in paragraph (c)(14)(ii)(A) of this 

section. 

BILLING CODE 4310–55–P 


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68724 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

BILLING CODE 4310–55–C 

(ii) All waterborne activities, 

including swimming, diving (including 

skin and scuba diving), snorkeling, 

water skiing, surfing, fishing, and the 

use of water vehicles (including but not 

limited to boats powered by engine, 

wind or other means; ships powered by 

engine, wind or other means; barges, 

surfboards, personal watercraft, water 

skis, and any other devices or 

mechanisms capable of locomotion on, 

across, or underneath the surface of the 

water) are prohibited from November 15 

to March 15 in areas as defined below 

that are outside of and within specified 

distances from the existing manatee 

sanctuaries located in Kings Bay 

(defined in § 17.108(a)). 

(A) When manatees exceed the 

capacity of an existing sanctuary or shift 

usage around an existing manatee 

sanctuary due to water or weather 

conditions, we will designate ‘‘No entry’’ 

areas within the Kings Bay manatee 

refuge and outside of existing manatee 

sanctuaries as follows: 

(1) For the sanctuaries set forth in 

paragraphs (a)(1) through (a)(6) of this 

section, to a distance not to exceed 100 

feet from the existing sanctuary 

boundary. 

(2) For the sanctuary set forth in 

paragraph (a)(7) of this section, to a 

distance not to exceed 400 feet from the 

existing boundary. We do not intend to 

completely mark off the manmade 

channel. Expansions could occur 

directly around the existing sanctuary 

and north into the area locally known as 

Three Sisters Springs. 

(B) Designations of ‘‘no entry’’ areas 

around existing manatee sanctuaries as 

described above and within the Kings 

Bay manatee refuge will be made based 

on aerial survey observations of 

manatees using the existing sanctuary 

sites, current weather information, and 

other sources of credible, relevant 

information. We could designate ‘‘no 

entry’’ areas around one or all of the 

manatee sanctuaries depending on the 

winter season. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1ER09NO10.000</GPH>
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68725 

(C) Additional protection areas within 

the Kings Bay manatee refuge, but 

outside of the existing manatee 

sanctuaries set forth in paragraphs (a)(1) 

through (a)(7) of this section will be 

posted to distances as described in 

paragraph (c)(14)(ii)(A) of this section 

and identified by the following devices: 

buoys, float lines, signs, advisories from 

on-site Service employees and their 

designees, or other methods. 

(iii) Exceptions. Private and public 

landowners who own property that 

adjoins designated no entry areas in 

Kings Bay are authorized to be in these 

areas for the purpose of accessing their 

property and local waterways, storing 

watercraft, and maintaining owned 

property and waterways. Authorized 

individuals include property owners, 

their guests, employees, and their 

designees. All watercraft operated by 

authorized individuals will be 

identified by a sticker placed on the 

watercraft in a conspicuous location; the 

Service will provide identifying 

stickers. All authorized watercraft must 

operate at idle speed when in adjoining 

waters. Maintenance activities include 

those actions necessary to maintain 

property and waterways, subject to any 

Federal, State, and local government 

permitting requirements. 

(iv) Notifications. When waterborne 

activities pose an immediate threat to 

aggregations of manatees and are likely 

to take one or more manatees, additional 

protection areas outside of existing 

manatee sanctuaries set forth in 

paragraphs (a)(1) through (a)(7) of this 

section but within the Kings Bay 

manatee refuge will be posted to 

distances as described in paragraph 

(c)(14)(ii)(A) of this section. No-entry 

area designations will occur 

immediately. We will advise the public 

of designations through public notice(s) 

announcing and describing the 

measures in a local newspaper and 

other media, including but not limited 

to, local television and radio broadcasts, 

Web sites, and other news outlets, as 

soon as time permits. Onsite Service 

employees and their designees, when 

present, will also inform waterway users 

of designations. 

(v) Prohibitions. Pursuant to the ESA 

and MMPA, all takings, including 

takings by harassment, are prohibited 

throughout the year and any manatee 

takings, wherever they may occur, are 

prohibited. To better prevent the take of 

manatees by individuals engaged in 

waterborne activities while in the water, 

in boats, or on-shore within the Kings 

Bay Manatee Refuge, we specifically 

identify and prohibit the following 

types of activities. 

(A) Chasing or pursuing manatee(s). 

(B) Disturbing or touching resting or 

feeding manatee(s). 

(C) Diving from the surface on to 

resting or feeding manatee(s). 

(D) Cornering or surrounding or 

attempting to corner or surround a 

manatee(s). 

(E) Riding, holding, grabbing, or 

pinching or attempting to ride, hold, 

grab, or pinch manatee(s). 

(F) Poking, prodding, or stabbing, or 

attempting to poke, prod, or stab 

manatee(s) with anything, including 

your hands and feet. 

(G) Standing on or attempting to stand 

on manatee(s). 

(H) Separating a mother and calf or 

attempting to separate a mother and 

calf. 

(I) Separating manatee(s) from a group 

or attempting to separate manatee(s) 

from a group. 

(J) Giving manatee(s) anything to eat 

or drink or attempting to give 

manatee(s) anything to eat or drink. 

(K) Actively initiating contact with 

belted and/or tagged manatee(s) and 

associated gear, including any belts, 

harnesses, tracking devices, and 

antennae. 

(L) The following waterborne 

activities are prohibited within Three 

Sisters Springs, from November 15 to 

March 15: 

(1) Scuba diving. 

(2) Fishing, including with hook and 

line, by cast net, or spear. 

(vi) The area defined as Three Sisters 

Springs where scuba diving and fishing 

is prohibited is delineated as the 

following: The area known locally as 

Three Sisters Springs, which is located 

along the north shore of the canal that 

begins on the west side of the City of 

Crystal River’s SE Cutler Spur 

Boulevard and runs west northwest to 

Kings Bay. The area includes at least 

three main spring vents and numerous 

smaller vents within the Three Sisters 

Springs complex, and the spring run 

that connects the springs to the canal. 

Dated: October 25, 2010. 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2010–28196 Filed 11–8–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 090130102–91386–02] 

RIN 0648–XZ39 

Western and Central Pacific Fisheries 

for Highly Migratory Species; 2010 

Bigeye Tuna Longline Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; fishery closure. 

SUMMARY: NMFS is closing the U.S. 

pelagic longline fishery for bigeye tuna 

in the western and central Pacific Ocean 

as a result of the fishery reaching the 

2010 catch limit. 

DATES: Effective November 22, 2010, 

through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS Pacific Islands Region, 

808–944–2219. 

SUPPLEMENTARY INFORMATION: Pelagic 

longline fishing in the western and 

central Pacific Ocean is managed, in 

part, under the Western and Central 

Pacific Fisheries Convention 

Implementation Act (Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the Act appear at 50 

CFR part 300, subpart O. 

NMFS established a limit (74 FR 

63999, December 7, 2009, and codified 

at 50 CFR 300.224) for calendar year 

2010 of 3,763 metric tons (mt) of bigeye 

tuna (Thunnus obesus) that may be 

caught and retained in the U.S. pelagic 

longline fishery in the area of 

application of the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention Area). NMFS monitored 

the retained catches of bigeye tuna using 

logbook data submitted by vessel 

captains and other available 

information, and determined that the 

2010 catch limit is expected to be 

reached on November 22, 2010. In 

accordance with § 300.224(d), this rule 

serves as advance notification to 

fishermen, the fishing industry, and the 

general public that the U.S. longline 

fishery for bigeye tuna in the 

Convention Area will be closed starting 

on November 22, 2010, through the end 

of the 2010 calendar year. The 2011 

fishing year is scheduled to open on 

January 1, 2011; the 2011 bigeye tuna 

catch limit will be 3,763 mt. This rule 

does not apply to the longline fisheries 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1