[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Proposed Rules]
[Pages 63062-63064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31108]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE47


Endangered and Threatened Wildlife and Plants; Proposed Rule To 
Establish an Additional Manatee Sanctuary in Kings Bay, Crystal River, 
FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to establish 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. All waterborne activities 
in the sanctuary would be prohibited from November 15 through March 31 
of each year. The proposed action would help prevent the taking of 
manatees by harassment resulting from waterborne activities during the 
winter months. The number of sanctuaries in Kings Bay would be 
increased to seven to accommodate the increase in the number of 
manatees using the area each winter and to offset harassment from 
increasing public use. Due to insufficient time to complete 
preparations for establishing a permanent sanctuary before cold weather 
arrives, an emergency rule is published elsewhere in today's Federal 
Register to provide the manatee with immediate protection for a period 
of 120 days. This action is proposed under the authority of the 
Endangered Species Act of 1973, as amended, and the Marine Mammal 
Protection Act of 1972, as amended.

DATES: Comments from all interested parties must be received by January 
26, 1998. If requested, a public hearing will be held for the purpose 
of receiving comments on the permanent establishment of an additional 
manatee sanctuary at Kings Bay, Crystal River, Florida.

ADDRESSES: Written comments and materials should be sent to Manatee 
Coordinator, 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)

[[Page 63063]]

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 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, in conjunction with the emergency rule published elsewhere in 
today's Federal Register, regulations at 50 CFR 17.106(e) require the 
Service to also commence with the establishment of the sanctuary 
through publication of a proposed rule.
    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 Determination

    Refer to the emergency rule published elsewhere in today's Federal 
Register.

National Environmental Policy Act

    The Service has determined this action qualifies as a categorical 
exclusion in accordance with 516 DM 2, Appendix 1 and 516 DM 5, 
Appendix 1. No further National Environmental Policy Act documentation 
will therefore be made.

Required Determinations

    This proposed rule was not subject to Office of Management and 
Budget review under Executive Order 12866. The rule will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The 
previous establishment of sanctuaries in Kings Bay, Crystal River, did 
not result in a significant economic impact. Thus it is not expected 
that any significant impacts would result from the establishment of a 
sanctuary (less than one quarter acre in size) at the Three Sisters 
Spring. Also, no direct costs, enforcement costs, information 
collection, or record-keeping requirements are imposed on small 
entities by this action and the rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995. This rule does 
not require a Federalism assessment under Executive Order 12612 because 
it would not have any significant federalism effects as described in 
the order.

References Cited

    Refer to the emergency rule published elsewhere in today's Federal 
Register.
    Author: The primary author of this proposed 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 proposes to amend part 17, subchapter B of 
chapter

[[Page 63064]]

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:


Sec. 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 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. 97-31108 Filed 11-21-97; 3:41 pm]
BILLING CODE 4310-55-P