63036 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose any information collection

requirements that require Office of

Management and Budget approval

under 44 U.S.C. 3501, et seq.

D. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

that urgent and compelling reasons exist

to publish an interim rule prior to

affording the public an opportunity to

comment. This action is necessary to

implement Section 8083 of the Fiscal

Year 1998 Defense Appropriations Act

(Pub. L. 105–56), which was effective

upon enactment on October 8, 1997.

However, comments received in

response to the publication of this

interim rule will be considered in

formulating the final rule.

List of Subjects in 48 CFR Part 231

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 231 is

amended as follows:

1. The authority citation for 48 CFR

Part 231 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 231—CONTRACT COST

PRINCIPLES AND PROCEDURES

2. Section 231.205–6 is amended by

revising paragraph (f)(1) to read as

follows:

§ 231.205–6 Compensation for personal

services.

(f)(1) In accordance with Section 8122

of Pub. L. 104–61, and similar sections

in subsequent Defense appropriations

acts, costs for bonuses or other

payments in excess of the normal salary

paid by the contractor to an employee,

that are part of restructuring costs

associated with a business combination,

are unallowable under DoD contracts

funded by fiscal year 1996 or

subsequent appropriations. This

limitation does not apply to severance

payments or early retirement incentive

payments. (See 231.205–70(b) for the

definitions of ‘‘business combination’’

and ‘‘restructuring costs.’’)

[FR Doc. 97–31113 Filed 11–25–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE47

Endangered and Threatened Wildlife

and Plants; Emergency Rule To

Establish an Additional Manatee

Sanctuary in Kings Bay, Crystal River,

FL

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Emergency rule.

SUMMARY: This emergency rule

establishes an additional West Indian

manatee (Trichecus manatus) sanctuary

in Citrus County, Florida, adjacent to

Kings Bay/Crystal River at the

confluence of the Three Sisters Spring

run with a residential canal, and

prohibits all waterborne activities in the

sanctuary for a period of 120 days. This

emergency action will help prevent the

taking of manatees by harassment

resulting from waterborne activities

during upcoming winter months. This

increases the number of sanctuaries in

Kings Bay to seven and has been

initiated to prevent harassment from

increasing public use at this site. A

proposed rule to establish this sanctuary

is published elsewhere in today’s

Federal Register. The proposed rule

provides for public comment and a

hearing (if requested). The emergency

action is effective for 120 days and is

taken under the authority of the

Endangered Species Act of 1973, as

amended, and the Marine Mammal

Protection Act of 1972, as amended.

DATES: Effective November 24, 1997,

through March 23, 1998, unless

terminated sooner by publication in the

Federal Register. In accordance with 50

CFR 17.106, the effective date for this

action was established through a legal

notice published in the St. Petersburg

Times, Citrus County Edition and the

Citrus County Chronicle on November

24, 1997.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours at the Jacksonville Field Office,

U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310,

Jacksonville, Florida 32216–0912.

FOR FURTHER INFORMATION CONTACT:

Robert O. Turner at the above address,

(904/232–2580 ext. 117); or Vance

Eaddy, Senior Resident Agent, U.S. Fish

and Wildlife Service, 9721 Executive

Center Drive, Suite 206, St. Petersburg,

Florida 33702, (813/570–5398).

SUPPLEMENTARY INFORMATION:

Background

Crystal River is a tidal river on the

west coast of Florida. Forming the

headwaters of Crystal River is Kings

Bay, a lake-like body of water fed by

numerous freshwater springs. The Kings

Bay springs constitute one of the most

important natural warm-water refuges

for manatees, a federally listed

endangered species. More than 250

animals may seek refuge in the bay’s

warm waters during winter cold

periods. With the winter presence of

manatees and its sheltered, warm and

clear waters, Kings Bay also attracts

large numbers of waterborne users

(boaters, recreational divers, snorkelers,

and swimmers) most of whom seek out

manatees for a close viewing

experience. The influx of visitors,

primarily there to see and interact with

manatees, provides a major economic

impact to the Crystal River community.

Large aggregations of manatees

apparently did not exist in Kings Bay

until recent times (Beeler and O’Shea

1988). The first careful counts were

made in the late 1960’s. Since then

manatee numbers have increased

significantly. In 1967–1968 Hartman

(1979) counted 38 animals. By 1981–

1982, the maximum winter count

increased to 114 animals (Powell and

Rathbun 1984), and in December 1994

the count was 271 (U.S. Fish and

Wildlife Service, unpublished data).

Both births and immigration of animals

from other areas have contributed to the

increases in manatee numbers at Crystal

River.

The Second Revision of the Florida

Manatee Recovery Plan (U.S. Fish and

Wildlife Service 1995) identifies the

need to minimize disturbance and

harassment of manatees in the wild.

This concern for the welfare of manatees

in Kings Bay has resulted in the

establishment of a series of sanctuary

areas to protect manatees from any

potential negative impacts of human

activities. The first three sanctuaries

were created in 1980, encompassing a

total of about 10 acres in Kings Bay.

These were closed to all human access

each winter from November 15 to March

31 and provided manatees with areas

where they could retreat from

waterborne users. To better administer

and protect the bay’s manatee habitat,

the Service purchased several islands

associated with the sanctuaries in 1983

and established the Crystal River

National Wildlife Refuge. During the

1980’s, the number of manatees and

divers increased steadily, resulting in

the need for additional manatee

sanctuaries. In 1994, the Service
Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations 63037

established three additional sanctuaries

and expanded an existing sanctuary.

The six sanctuaries now encompass

approximately 39 acres within Kings

Bay.

The Kings Bay manatee sanctuary

system provides significant protection

to the more than 250 manatees that use

this area as a winter warm-water refuge.

With the increasing number of manatees

using Kings Bay and an increasing

number of recreational divers and

snorkelers coming to Crystal River to

seek close encounters with manatees,

another problem area outside the

existing sanctuary system has been

identified.

Since the establishment of the three

most recent sanctuaries, reports of

waterborne users harassing manatees

and causing manatees to leave the Three

Sisters Spring run area has been

documented by researchers, refuge staff

and concerned citizens. The Save the

Manatee Club and the Marine Mammal

Commission have urged the Service to

act to protect manatees utilizing the

Three Sisters Spring run area. Dive shop

operators have acknowledged that there

is a manatee harassment problem in the

area of the proposed sanctuary.

Prior to last winter, the Service and

local interest groups met separately with

local dive shop owners to discuss the

harassment issue and the feasibility of

establishing a new sanctuary. There was

a consensus that a sanctuary was

needed and that it would be more

effective if it was developed through a

local city or county ordinance.

Representatives of each of the local dive

shops wrote letters recognizing the need

for a small sanctuary near Three Sisters

Spring and recommended that the

regulations be promulgated locally.

Local efforts have been made to address

the problem and the Service will

continue to encourage local officials to

create a permanent refuge. However, the

Service is taking this interim measure to

protect manatees, already beginning to

seek the warmer waters of Kings Bay

springs, from harassment.

The Service funded a manatee and

human interaction study at Three

Sisters Spring (January 23–February 17,

1997) which confirmed that harassment

was occurring and documented

instances in which manatees left the

warm waters at the confluence of the

spring run and the residential canal

when divers, snorkelers and/or

swimmers arrived (Wooding, 1997). The

Service is concerned that these animals

may be leaving earlier than if they were

left undisturbed.

Reasons for Emergency Determination

In deciding to implement this rule,

the Service has carefully assessed the

best available information, and

conducted a study to evaluate manatee

and human interactions at Three Sisters

Spring. The study clearly documented a

manatee harassment problem at the site.

With more than 250 manatees utilizing

the sanctuary system along with an

increasing number of visitors who seek

close encounters with manatees,

manatees are experiencing more

frequent disturbance at Three Sisters

Spring. Without sufficient space to rest,

free from harassment, a significant

proportion of the manatees depending

upon the Kings Bay springs could be at

considerable risk should they be driven

away from essential warm-water areas.

Based on this evaluation, the preferred

appropriate action is to establish an

additional sanctuary at the confluence

of the Three Sisters Spring run and a

residential canal in Kings Bay, Crystal

River, Citrus County, Florida. At

present, there is currently insufficient

time to complete preparations for

implementing a permanent sanctuary

before cold weather arrives. Therefore,

the Service is establishing a seventh

manatee sanctuary on an emergency

basis to provide maximum protection

for manatees until a permanent

sanctuary is put in place, either by a

local ordinance or by final rule by the

Service.

The authority to establish emergency

manatee protection areas is provided by

the Endangered Species Act and the

Marine Mammal Protection Act, and is

codified in 50 CFR, part 17, subpart J.

Under subpart J, the Director may

establish, by regulation, manatee

protection areas whenever she

determines there is substantial evidence

that there is imminent danger of a taking

(including harassment) of one or more

manatees, and that such establishment

is necessary to prevent such a taking.

The emergency sanctuary is located

on the west side of the confluence of

Three Sisters Spring run and the

residential canal, Kings Bay, Crystal

River, Citrus County, Florida. The

sanctuary will be less than one quarter

acre in size.

References Cited

Beeler, E.I. and T.J. O’Shea. 1988.

Distribution and mortality of the West

Indian manatee (Trichechus manatus) in

southeastern United States: a

compilation and review of recent

information. Prepared by the Fish and

Wildlife Service for the U.S. Army Corps

of Engineers. U.S. Natl. Tech. Info. Serv.,

Springfield, Virginia PB 88–207 980/AS.

613.

Hartman, D.S. 1979. Ecology and behavior of

the manatee (Trichechus manatus) in

Florida. Am. Soc. Mamm. Spec. Pub. No.

5. 153 pp.

Powell, J.A. and G.B. Rathbun. 1984.

Distribution and abundance of manatees

along the northern coast of the Gulf of

Mexico. Northeast Gulf Sci. 7:1–2.

Wooding, J. 1997. An assessment of manatee

behavior relative to interactions with

humans at Three Sisters Spring, Crystal

River, Florida. A report submitted to the

U.S. Fish and Wildlife Service,

Jacksonville, Florida. 65 pp.

U.S. Fish and Wildlife Service. 1995. Florida

Manatee Recovery Plan Second Revision.

U.S. Fish and Wildlife Service, Atlanta,

Georgia. 160 pp.

Author. The primary author of this

emergency rule is Robert O. Turner,

Manatee Coordinator (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, the Service amends 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 section 17.108 by adding

paragraph (a)(7) to read as follows:

§ 17.108 List of designated manatee

protection areas.

(a) * * *

(7) A tract of submerged land on the west

side of the confluence of Three Sisters Spring

run and the residential canal off the eastern
63038 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Rules and Regulations

shore of Kings Bay, Crystal River, lying in the

northeast corner of Section 28, Township 18,

South Range 17 East in Citrus County,

Florida; containing less than one quarter

acre.

* * * * *

Dated: November 20, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–31107 Filed 11–21–97; 3:41 pm]

BILLING CODE 4310–55–P