Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15617 

PART 799—[AMENDED] 

■ 1. The authority citation for part 799 

continues to read as follows: 

Authority: 15 U.S.C. 2603, 2611, 2625. 

■ 2. In § 799.5085, revise the section 

heading and Table 2 of paragraph (j) to 

read as follows: 

§ 799.5085 Chemical testing requirements 

for first group of high production volume 

chemicals (HPV1). 

* * * * * 

(j) * * * 

TABLE 2—CHEMICAL SUBSTANCES AND TESTING REQUIREMENTS

CAS No. Chemical name Class Required tests 

(see table 3 of this section) 

74–95–3 ............ Methane, dibromo- .............................................................................................. 1 A, C1, E2, F2. 

78–11–5 ............ 1,3-Propanediol, 2,2-bis[(nitrooxy)methyl]-, dinitrate (ester) ............................... 1 A4, A5, B, C6, F2. 

84–65–1 ............ 9,10-Anthracenedione ......................................................................................... 1 A4, A5, F2. 

110–44–1 .......... 2,4-Hexadienoic acid, (E,E)- ............................................................................... 1 A, C4. 

112–52–7 .......... 1-Chlorododecane ............................................................................................... 1 A2, A3, A4, A5, B, C3, D, 

E1, E2, F1. 

118–82–1 .......... Phenol, 4,4’-methylenebis[2,6bis(1,1-dimethylethyl)]- ......................................... 1 A1, A2, A3, B, E2. 

149–44–0 .......... Methanesulfinic acid, hydroxy-, monosodium salt ............................................... 1 A1, A5, E2, F1. 

409–02–9 .......... Heptenone, methyl- ............................................................................................. 2 A, B, C1, D, E1, E2, F1. 

594–42–3 .......... Methanesulfenyl chloride, trichloro- ..................................................................... 1 A, B, C1, E1, E2, F2. 

1324–76–1 ........ Benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5- 

cyclohexadien-1-ylidene]methyl]phenyl]amino]-.

2 A4, C2, F1. 

2941–64–2 ........ Carbonochloridothioic acid, S-ethyl ester ............................................................ 1 A, B, C1, E2, F1. 

8005–02–5 ........ C.I. Solvent Black 7 ............................................................................................. 2 A, F2. 

* * * * * 

[FR Doc. 2012–6430 Filed 3–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2010–0079; 

FXES11130900000C3–123–FF09E30000] 

RIN 1018–AX27 

Endangered and Threatened Wildlife 

and Plants; Establishing a Manatee 

Refuge in Kings Bay, Citrus County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, establish a manatee 

refuge in Citrus County, Florida, in the 

waters of Kings Bay, including its 

tributaries and connected waters. This 

action is based on our determination 

that there is substantial evidence 

showing that certain waterborne 

activities would result in the taking of 

one or more manatees and that certain 

waterborne activities must be restricted 

to prevent the taking of one or more 

manatees in Kings Bay. In making this 

rule final, we considered the biological 

needs of the manatee, the level of take 

at these sites, and the likelihood of 

additional take of manatees due to 

human activity at these sites. 

This final rule is modified from the 

proposed rule to ensure that the 

provisions do not compromise human 

safety and to clarify certain aspects. The 

modifications are not considered 

significant as they are within the scope 

of the proposed rule. To avoid creation 

of a hazard to human safety, watercraft 

may be operated at 25 miles per hour 

during daylight hours in a portion of the 

manatee refuge from June 1 through 

August 15. The portion of the rule 

prohibiting use of mooring and 

floatlines that can entangle manatees 

has been removed. Language regarding 

prohibitions on waterborne activities in 

Three Sisters Spring has been revised to 

improve clarity. We also announce the 

availability of a final environmental 

assessment and Finding of No 

Significant Impact for this action. 

DATES: This rule is effective March 16, 

2012. 

ADDRESSES: This final rule, and 

supporting documentation, including 

public comments, are available on the 

Internet at http://www.regulations.gov at 

Docket No. FWS–R4–ES–2010–0079. 

Comments and materials received, as 

well as supporting documentation used 

in preparing this final rule, are also 

available for public inspection, by 

appointment, during normal business 

hours at the U.S. Fish and Wildlife 

Service, North Florida Ecological 

Services Office, 7915 Baymeadows Way, 

Suite 200, Jacksonville, Florida, 32256. 

FOR FURTHER INFORMATION CONTACT: 

Field Supervisor, U.S. Fish and Wildlife 

Service, North Florida Ecological 

Services Office, 7915 Baymeadows Way, 

Suite 200, Jacksonville, Florida, 32256; 

by telephone (904/731–3336); by 

facsimile (904/731–3045); by email: 

manatee@fws.gov; or on-line at http://

www.fws.gov/northflorida. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Previous Federal Actions 

The West Indian manatee (Trichechus 

manatus) was listed as an endangered 

species on June 2, 1970 (35 FR 8491), 

under the Endangered Species 

Conservation Act of 1969 and this status 

was retained 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.). On October 22, 1979, the U.S. Fish 

and Wildlife Service (Service) adopted a 

regulatory process to provide a means 

for establishing manatee protection 

areas in waters under the jurisdiction of 

the United States where manatees were 

taken by waterborne activities (44 FR 

60964). The first manatee protection 

areas were designated in Kings Bay on 

November 12, 1980, for the purpose of 

preventing the take of manatees by 

harassment from waterborne activities 

and included the Banana Island 

Sanctuary (including King Spring), the 

Sunset Shores Sanctuary, and the 

Magnolia Springs Sanctuary (45 FR 

74880). The Service subsequently 

designated four additional manatee 

protection areas in Kings Bay on May 

12, 1994, and on October 16, 1998, 

(including the Buzzard Island 

Sanctuary, Tarpon Springs Sanctuary, 

Warden Key Sanctuary, and Three 


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Sisters Springs Sanctuary, respectively) 

(59 FR 24654 and 63 FR 55553). To 

prevent the imminent take of manatees 

by waterborne activities, we published 

an emergency rule that temporarily 

established the Kings Bay manatee 

refuge in Citrus County, Florida, on 

November 9, 2010 (75 FR 68719). On 

June 22, 2011, the Service proposed to 

establish the manatee refuge throughout 

Kings Bay, while maintaining the seven 

existing Manatee Sanctuaries in the Bay 

(76 FR 36493). 

The West Indian manatee includes 

two subspecies: the Florida manatee 

(Trichechus manatus latirostris) and the 

Antillean manatee (Trichechus manatus 

manatus). Florida manatees can be 

found throughout the southeastern 

United States, with Florida at the core 

of its range. Extensive efforts are 

ongoing by the Service and the Florida 

Fish and Wildlife Conservation 

Commission (Commission or FWC) to 

recover this species. In particular, 

significant efforts are made to minimize 

human-related threats and to reduce the 

number of manatees taken by human 

activities. 

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. Take is further 

defined in 50 CFR 18.3 to include, 

without limitation, any of the following: 

The collection of dead animals or parts 

thereof; the restraint or detention of a 

marine mammal, no matter how 

temporary; tagging a marine mammal; or 

the negligent or intentional operation of 

an aircraft or vessel, or the doing of any 

other negligent or intentional act which 

results in the disturbing or molesting of 

a 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 (Level A); 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 (Level B). All 

takings, including takings by 

harassment, are prohibited. 

The primary human-related causes of 

death and injury to manatees rangewide 

include watercraft-related strikes 

(impacts and/or propeller strikes), 

entrapment and/or crushing in water 

control structures (gates, locks, etc.), 

and entanglement in fishing lines, crab 

pot lines, etc. A 2005 analysis 

concluded that watercraft-related 

mortality was the leading human-related 

cause of death for manatees throughout 

Florida (MPSWG 2005, p. 5). A 

subsequent threats analysis concluded 

that watercraft strikes and the potential 

loss of warm-water habitat pose the 

greatest threats to the Florida manatee 

population (Runge et al. 2007, p. 17). 

The Service may establish manatee 

protection areas (in the form of a 

manatee refuge or a manatee sanctuary) 

whenever there is substantial evidence 

showing that such establishment is 

necessary to prevent the taking of one or 

more manatees. Regulations authorizing 

designation of manatee refuges and 

sanctuaries in areas where restrictions 

or prohibitions 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 would take one or more 

manatees; or (2) certain waterborne 

activities must be restricted 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 would result in 

the taking of one or more manatees, 

including but not limited to a taking by 

harassment (50 CFR 17.102). Manatee 

refuges and manatee sanctuaries are 

established under a different authority 

from Federal National Wildlife Refuges. 

Kings Bay 

The Florida manatee’s range includes 

Kings Bay, Florida. Kings Bay is a large 

embayment located at the headwaters of 

the Crystal River, a tidal river located on 

Florida’s west coast. Springs are the 

primary water source for this estuarine 

system; a recent report describes 70 

springs that discharge warm, artesian 

water (that is, water rises under pressure 

from a permeable stratum overlaid by 

impermeable rock) into Kings Bay 

(Vanasse, Hangen, and Brustlin, Inc., 

2010, p. 1). Kings Bay is partially 

located within the City of Crystal River’s 

city limits, and wholly within Citrus 

County, Florida. Citrus County and the 

City of Crystal River are an integral part 

of ‘‘Florida’s Nature Coast,’’ a 

northwestern Florida region marketed 

for outdoor recreational opportunities, 

including opportunities for viewing 

manatees (Nature Coast Coalition 2010 

Web site). In addition to viewing 

manatees, area recreationists engage in 

snorkeling and diving, boating, canoeing 

and kayaking, fishing, waterskiing, and 

other activities (Gold 2008, pp. 4–5). 

Local eco-tour operators, dive shops, 

marinas, hotels and motels, restaurants, 

and other businesses benefit from these 

activities (Buckingham 1990, p. 6). 

The Kings Bay springs constitute one 

of the most important natural warmwater shelters for manatees. Manatees 

have historically been attracted to the 

warm, spring-fed waters in Kings Bay 

where they retreat from the cold during 

the winter. As manatee populations 

have increased, year-round use of Kings 

Bay by manatees has increased 

accordingly (Figures 1 and 2). Wintering 

manatees have been the focus of a 

manatee viewing industry for many 

years, and bay waters are widely used 

by commercial and recreational 

waterway users for a variety of activities 

throughout the year. Manatees are 

struck and killed or injured by 

watercraft operating in Kings Bay. 

Manatees are harassed by the viewing 

public. The number of manatees struck 

and killed by watercraft in Kings Bay is 

increasing, as are the number of public 

reports of acts of manatee harassment. 

BILLING CODE 4310–55–P 


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BILLING CODE 4310–55–C 


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Watercraft associated with 

recreational and commercial activities 

strike and kill manatees. In the State’s 

northwestern region, where Kings Bay is 

located, adult manatee mortality is 

almost equally split between humanrelated and natural causes, with 

watercraft collisions being the leading 

source of human-caused mortality. 

According to mortality statistics 

compiled by the FWC, 13 manatees 

killed as a result of collisions with 

watercraft have been recovered within 

the boundaries of the Kings Bay 

manatee refuge (as established by this 

rule) between April 1974 and November 

2010; all of these occurred since 1999 

(Table 1; FWC FWRI Manatee Mortality 

Database 2011 Web site). 

TABLE 1—ALL CARCASSES RECOVERED IN THE ‘‘KINGS BAY’’ REGION FROM APRIL 1974 THROUGH NOVEMBER 2010 FOR

WHICH THE CAUSE OF DEATH WAS SPECIFICALLY DETERMINED TO BE WATERCRAFT. *THE ENTRY FOR 06/11/2002 

IS A CARCASS THAT WAS RECOVERED OUTSIDE OF THE BOUNDARIES OF THE KINGS BAY MANATEE REFUGE (AS ESTABLISHED BY THIS RULE), BUT CONSIDERED THE ‘‘KINGS BAY’’ REGION BY FWC 

[Data source: FWC FWRI Manatee Mortality Database 2011 Web site] 

FL county Date Field ID Sex Size 

(cm) Region Probable cause of death 

Citrus ........... 10/27/1999 MNW9934 F 268 Kings Bay .................................... Watercraft. 

Citrus ........... 10/12/2000 MNW0029 F 275 Kings Bay .................................... Watercraft. 

Citrus ........... 06/11/2002 MNW0222 M 207 Kings Bay* .................................. Watercraft. 

Citrus ........... 07/17/2002 MNW0229 F 310 Kings Bay .................................... Watercraft. 

Citrus ........... 02/01/2003 MNW0305 F 257 Kings Bay .................................... Watercraft. 

Citrus ........... 06/01/2004 MNW0417 F 204 Kings Bay .................................... Watercraft. 

Citrus ........... 05/19/2006 LPZ102120 F 259 Kings Bay .................................... Watercraft. 

Citrus ........... 05/24/2007 MNW0715 F 227 Kings Bay .................................... Watercraft. 

Citrus ........... 07/04/2007 MNW0721 F 331 Kings Bay .................................... Watercraft. 

Citrus ........... 08/23/2007 LPZ102383 M 262 Kings Bay .................................... Watercraft. 

Citrus ........... 03/25/2008 MNW0813 F 219 Kings Bay .................................... Watercraft. 

Citrus ........... 07/13/2008 MNW0814 M 228 Kings Bay .................................... Watercraft. 

Citrus ........... 12/05/2008 LPZ102654 F 261 Kings Bay .................................... Watercraft. 

Citrus ........... 01/03/2010 MNW1002 M 246 Kings Bay .................................... Watercraft. 

Manatee viewing activities provide a 

significant source of revenue to the local 

economy (Buckingham 1990, p. 6). 

Local eco-tour businesses bring visitors 

out to Kings Bay where visitors view 

manatees while in the water, from boats, 

and from other vantage points. Some 

manatees initiate encounters with 

visitors, but most manatees avoid or 

ignore encounters with people, 

preferring to frequent manatee 

sanctuaries where all human activities 

are prohibited. Some manatees are 

harassed by visitors, despite the fact that 

all forms of harassment are prohibited 

by law. 

Hartman (1979, pp. 128–131) was the 

first to observe and describe how 

manatees respond to the presence of 

people in the water, observing that most 

manatees tended to avoid people, some 

ignored people, a few approached 

people and then left, and some 

approached and initiated interactions 

with people. These observations were 

made in Kings Bay’s warm water springs 

and the author correlated a reduction in 

the number of manatees using the Main 

Spring with an increasing number of 

people (Hartman 1979, p. 131). Concern 

has been expressed about manatees 

displaced from warm water springs for 

prolonged periods of time; prolonged 

exposure to cold can be fatal to 

manatees, especially for smaller animals 

(O’Shea 1995, p. 304). Hartman (1979, p. 

126) believed that manatees in Kings 

Bay are harassed by people in the water 

and by boats. 

Researchers have observed and 

documented manatee responses to 

people and boats (Sorice et al. 2003, p. 

324). Researchers noted increases in 

swimming, milling, and cavorting 

behaviors and decreases in resting, 

feeding, and nursing behaviors in the 

presence of increasing numbers of 

people and boats (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 people 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 northwestern Florida 

region, even in the recent extreme cold 

events, which killed large numbers of 

manatees in other portions of the winter 

range. For example, in the 2009–2010 

winter cold event, only two deaths due 

to cold stress were recorded in Citrus 

County while to the south in Lee 

County, 24 manatee deaths were 

reported due to cold stress (FWC FWRI 

Manatee Mortality Database 2011 Web 

site). Manatee survival rates in the 

northwestern region are among the 

highest in Florida (Runge et al. 2007, p. 

20). 

Observations of manatee harassment 

in Kings Bay prompted the Service to 

promulgate a rule in 1979 that allowed 

the agency to designate manatee 

protection areas where certain 

waterborne activities, including boating 

and swimming, could be prohibited in 

order to ‘‘reduce the incidence of 

manatee injuries and deaths’’ and to 

‘‘lessen the likelihood that manatees 

will encounter boats and people’’ (44 FR 

60964; October 22, 1979). Subsequently, 

three manatee sanctuaries were 

designated in Kings Bay in 1980 (45 FR 

74880; November 12, 1980) and, in 

1983, the Service purchased lands in 

and around Kings Bay and established 

the Crystal River NWR for the purpose 

of protecting manatees and to educate 

the public about manatees. 

In 1994, citing a doubling of the 

number of manatees in the area since 

1980, a large increase in the number of 

visitors, the inability of the existing 

sanctuaries to provide sufficient shelter 

for manatees, and reports of increasing 

manatee harassment, the Service 

designated three additional sanctuaries 

in Kings Bay to prevent the take of 

manatees by harassment (59 FR 24654; 

May 12, 1994). This expansion was 


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followed by the addition of another 

sanctuary in 1998, similarly justified by 

reports of increasing harassment and 

observations of increasing numbers of 

manatees, increasing numbers of 

recreational divers and snorkelers, and 

insufficient space for manatees to rest, 

free from harassment (63 FR 55553; 

October 16, 1998: See Table 2.). 

TABLE 2—INFORMATION JUSTIFYING PREVIOUS MANATEE SANCTUARY DESIGNATIONS IN KINGS BAY, FLORIDA

Date of Kings Bay manatee sanctuary designations 

Approximate 

number of 

manatees 

using Kings 

Bay 

Estimated number of 

people viewing manatees 

Number of 

sanctuary 

designations 

new (total) 

November 12, 1980 (45 FR 74880) ....................................................................... 100 30,000 to 40,000 ................ 3(3) 

May 12, 1994 (59 FR 24654) ................................................................................. 240 60,000 to 80,000 ................ 3(6) 

October 16, 1998 (63 FR 55553) ........................................................................... 250 100,000 .............................. 1(7) 

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. This 

network was designed to prevent the 

take of manatees by waterborne 

activities, including but not limited to, 

boating and manatee viewing activities, 

and was established to allow manatees 

to continue to gain access to critical 

warm-water areas and important resting 

and foraging areas. During the manatee 

season (November 15 through March 

31), the 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)). 

The seven Federal sanctuaries are 

located at heavily–used winter, warmwater sites (springs) and foraging areas 

and preclude all waterborne activities 

within their boundaries, preventing take 

from both boating and manatee viewing 

within these areas. The State protection 

zones include year-round idle and slowspeed zones that prevent the take of 

manatees from high-speed watercraft 

collisions. Given the State’s statutory 

responsibilities for balancing the needs 

of manatees with the needs of the 

boating community, the State 

designated a 35-mile per–hour (mph) 

(daytime)/25 mph (nighttime) 

watersports area (watersports area) in 

Kings Bay between May 1 and August 

31. This area encircles Buzzard Island in 

the center of the bay. 

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 waterborne activities, 

including boating, manatee viewing 

activities, and others, to avoid taking 

manatees. 

Summary of Comments and 

Recommendations 

In the June 22, 2011, proposed rule 

(76 FR 36493), we requested comments 

concerning any aspect of the proposal 

and the accompanying draft 

Environmental Assessment (EA) that 

might contribute to development of the 

final decision on the proposed rule. A 

60-day comment period was provided. 

We sent notifications and other 

informational materials about the 

proposal to Federal and State agencies, 

Congressional representatives, 

conservation groups, local governments, 

local commercial diving operations, and 

numerous private citizens who may be 

affected or had expressed an interest in 

receiving further information on the 

proposal. In accordance with our policy 

on peer review, published on July 1, 

1994 (59 FR 34270), we also provided 

copies of the proposed rule to three 

appropriate independent peer 

reviewers. 

We published a legal notice in the 

Citrus County Chronicle newspaper on 

June 24, 2011, announcing the proposal 

and availability of the draft EA, inviting 

public comment on both, and 

announcing the schedule for the 

informal open house and formal public 

hearing. Informational flyers were also 

distributed by the Crystal River National 

Wildlife Refuge (NWR) staff and friends 

group to all waterfront properties 

adjoining Kings Bay, as well as other 

nearby residences, and copies were 

mailed to the NWR’s Comprehensive 

Conservation Plan development 

stakeholder and interested party list. 

We held a public informational open 

house and formal public hearing at the 

College of Central Florida—Citrus 

Campus, CF Conference Center in 

Lecanto, Florida, on July 7, 2011. The 

public hearing was attended by 169 

people, not including Service staff. Of 

the 49 hearing attendees who signed up 

to speak, 42 provided oral comments 

(including 15 local officials). 

During the comment period, we 

received 415 written comments and 42 

oral comments. A number of reviewers 

attached supporting documents such as 

petitions with multiple signatures or 

member form letters. Overall, comments 

came from individuals, conservation 

organizations, property owners, dive 

shop owners, tour operators, business 

owners, local officials, and other 

stakeholders. The majority of the 

comments expressed support for or 

opposition to the proposed manatee 

refuge without any substantive data or 

information provided for Service 

consideration. 

Those expressing support generally 

either supported the rule as proposed, 

with some minor modifications and 

suggestions for improving education, or 

expressed concerns that it was not 

extensive enough. Those expressing 

opposition cited a broad range of 

concerns including riparian property 

rights, lack of alternatives considered, 

perception that the public was not 

involved earlier in the process, 

recreational user safety, and perceived 

economic effects. In some cases those in 

opposition generally supported most of 

the winter aspects of the rule but not the 

year-round watercraft restrictions. 

Analysis of all comments received is 

summarized in the main issues that are 

identified and discussed below. 

Peer Review 

In accordance with our peer review 

policy published on July 1, 1994 (59 FR 

34270), we solicited expert opinion 

from three knowledgeable individuals 

with expertise in various aspects of the 

rule. We received responses from two of 

the peer reviewers. The peer reviewers 

generally concurred with our proposal 

and its content. One provided an 

additional economic reference, which 

was incorporated into the EA. Another 

recommended protection of an 

additional spring (Hunter Spring) but 

did not provide accompanying 

justification. The Service does not have 


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sufficient information to justify its 

inclusion at this time. 

Public Comments 

In responding to public comments, 

the Service has grouped similar 

comments into a single cohesive 

comment/response in order to provide 

greater clarity to the reader. We have not 

addressed or included comments that 

were unrelated to the rule, for example, 

comments about critical habitat 

designation. Finally, there were 

comments that were unrelated to the 

mechanics or effects of the rule such as 

perceptions, motives, etc. These 

comments are not addressed in the final 

rule but may be addressed in outreach 

materials accompanying the release of 

the final rule. 

(1) Comment: With the increased 

number of manatees using Kings Bay, 

the death of one manatee should be 

acceptable. 

Our Response: The available data 

show that, in several years, one or more 

manatees have been killed or harassed; 

the Service is establishing the manatee 

refuge in Kings Bay with the intent of 

reducing those impacts. All take (as 

defined by the ESA and the MMPA) of 

manatees, including take by harassment, 

is prohibited by Federal law. 

(2) Comment: The Service did not 

fully engage the public in the Federal 

rulemaking process. 

Our Response: In accordance with 50 

CFR 17.100–108, we issued an 

emergency rule on November 9, 2010 

(75 FR 68719) to establish Kings Bay as 

a manatee refuge to prevent the 

imminent take of manatees by 

waterborne activities. We held four 

informational meetings with the 

community to provide the public with 

information on the next steps in the 

regulatory process as well as for the 

exchange of useful information. These 

meetings were held on November 16, 

18, and 20 and December 2, 2010, at the 

Plantation Inn and Golf Resort, Crystal 

River, FL, to initiate the process of 

formalizing the manatee emergency 

regulation. On June 22, 2011 (76 FR 

36493), we proposed to establish Kings 

Bay as a manatee refuge as defined 

under 50 CFR 17 subpart J and 

announced a public hearing on this 

proposed rule. A 60-day public 

comment period was provided. On July 

7, 2011, we held the public hearing at 

the College of Central Florida—Citrus 

Campus, CF Conference Center in 

Lecanto, Florida. As stated above, the 

public hearing was well attended, and 

overall we received 415 written 

comments and 42 oral comments from 

interested parties. We have worked 

closely with the public and the State of 

Florida and fully engaged the public in 

the rulemaking process in accordance 

with applicable laws and regulations. 

We have thoroughly evaluated and 

considered comments received and 

incorporated edits to the regulation 

where appropriate. 

(3) Comment: The establishment of 

Kings Bay as a manatee refuge is an 

expansion of the Federal Crystal River 

National Wildlife Refuge. 

Our Response: The manatee 

protection area (manatee refuge) 

established in Kings Bay through this 

final rule does not alter the boundary of 

the existing Crystal River National 

Wildlife Refuge, although it does 

overlap with part of this National 

Wildlife Refuge. It is an area established 

in accordance with 50 CFR 17.100–108, 

subpart J, the sole purpose of which is 

to prevent the take of one or more 

manatees from waterborne activities 

being conducted in the area. As 

previously defined, ‘‘manatee refuges’’ 

are established solely to prevent the take 

of one or more manatees. They are 

protection areas designated in the water 

and are not land acquisitions or land 

parcels. No ownership of the waterways 

or submerged lands is transferred as a 

result of establishing a manatee 

protection area (i.e., a manatee refuge or 

manatee sanctuary). National Wildlife 

Refuges, on the other hand, are part of 

the Federal National Wildlife Refuge 

System. These are Federal lands set 

aside to conserve America’s fish, 

wildlife, and plants through the 

National Wildlife Refuge System 

Improvement Act of 1997. The manatee 

protection area (manatee refuge) 

established in Kings Bay through this 

final rule is also not an expansion of an 

existing Federal Crystal River National 

Wildlife Refuge. The Crystal River 

National Wildlife Refuge Fish and 

Wildlife Service staff is only associated 

with this manatee refuge because they 

will be a part of the team that 

implements the management activities 

detailed in this rule, as they currently 

are for the seven existing Federal 

seasonal manatee sanctuaries in Kings 

Bay. 

(4) Comment: The establishment of 

Kings Bay as a manatee refuge will stop 

all boating activity and recreation. 

Our Response: Designating Kings Bay 

as a manatee refuge pursuant to 50 CFR 

17.100–108, subpart J, will not stop all 

boating and recreational activity. It 

provides for specific prohibitions, 

including speed and anchoring 

restrictions, time and area prohibitions, 

and prohibited activities such as 

chasing manatees, to avoid and 

minimize the harassment of manatees. 

However, boating, fishing, kayaking, 

and other forms of recreation are still 

allowed within all or portions of the 

manatee refuge, except in manatee 

sanctuaries and temporary no entry 

areas while they are in effect, as defined 

in the rule portion of this regulation. 

(5) Comment: The proposed 

designation of Kings Bay as a manatee 

refuge infringes on property rights of 

homeowners that own property on the 

banks of Kings Bay. The establishment 

of Kings Bay as a manatee refuge will 

require homeowners on Kings Bay to get 

a permit. 

Our Response: Manatee protection 

areas (manatee sanctuaries) were 

established in Kings Bay in 1980, 1994, 

and 1998. With all of these rules, 

exceptions were allowed for 

homeowners that own property on the 

banks of Kings Bay adjoining manatee 

sanctuaries or no-entry areas to continue 

to use waterways to go from and to their 

property under idle speed. They have 

also continually been allowed to 

maintain their property. Homeowners 

that own property as described above 

under these prior rules were not 

required to get a permit. Under these 

past rules, they notified the Crystal 

River NWR office and received a no-cost 

sticker to identify their watercraft. Some 

of these homeowners on Kings Bay 

already have identification stickers. 

When effective, this final rule for Kings 

Bay allows similar exceptions to all 

riparian property homeowners (their 

guests, employees, and designees 

including contractors and lessees) 

whose property adjoins a manatee 

sanctuary or no-entry area so they can 

retain their watercraft access and 

conduct property maintenance. This 

final rule also employs a similar no-cost 

sticker and no-cost letter of 

authorization program that has been 

used in the area for many years. The 

letter of authorization for contractors 

and designees is a process to help and 

protect homeowners as well. These 

stickers and/or letters are not required 

for those riparian property homeowners 

(their guests, employees, and designees 

including contractors and lessees) with 

Kings Bay property that does not adjoin 

a manatee sanctuary or no-entry area. 

(6) Comment: Several comments 

related to the human safety aspects of 

the proposal. Some commenters 

expressed concern that, by closing the 

summer watersports zone, recreational 

watercraft operators would be forced 

into the narrow channel of Crystal River 

proper. Others expressed concern that 

the current watersports zone is unsafe 

because of the high number of users and 

the speed at which watercraft are being 

operated. Some commenters suggested 

that a reduced watersports zone could 


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increase safety for manatees while not 

forcing too much recreational activity 

into the river. 

Our Response: We have fully 

evaluated comments shared by the 

public in and around Kings Bay and 

other concerned stakeholders in relation 

to actions being considered for 

implementation that were identified in 

the Services’ June 2011 proposed rule. 

These concerns led us to seek and 

review Florida Fish and Wildlife 

Conservation Commission boating 

accident records in Crystal River and 

Kings Bay. Review of that information 

revealed that, since 2000, eight boating 

accidents have been reported in Kings 

Bay. Those accidents resulted in four 

injuries. In Crystal River, 24 accidents 

have been reported since 1998. Those 

accidents resulted in 12 injuries and 1 

fatality. 

As part of our evaluation of 

comments, the Service worked with the 

U.S. Coast Guard (USCG) to evaluate the 

human safety aspects of the proposed 

rule. In an October 7, 2011, 

memorandum, the USCG (and 

confirmed by FWC by letter of 

December 8, 2011) conveyed their 

concern that the proposed closure of the 

watersports zone is likely to result in 

the displacement of high-speed 

watercraft activity into the Gulf of 

Mexico and the connecting waters of 

Crystal River, with the latter being the 

more likely of the two options due to 

the 2-hour transit time from Kings Bay 

to the Gulf. Crystal River has a narrow 

high-speed channel. In working with the 

USCG, we concluded that an increase in 

traffic such as might occur with 

implementation of our proposed rule is 

likely to result in unsafe conditions for 

watercraft operators by increasing the 

density of boaters in a smaller area and, 

therefore, the danger of boating safety 

infractions and marine accidents 

including vessel collisions, potentially 

involving serious bodily injury. We 

worked with the USCG to ensure that 

the manatee protection area designated 

through this rule both prevents the take 

of one or more manatees and alleviates 

the human safety issues raised in public 

comments. 

The Service examined seasonal 

manatee use data (i.e., numbers of 

manatees seen and when they were 

seen) in the watersports zone on a 

monthly basis from May through August 

for a period of 13 years (1999–2011); 69 

surveys in all (Crystal River NWR 

unpublished data). Manatee use was 

highest during May (23.7 manatees/ 

survey), declined in June (16.8 

manatees/survey), July (17.5 manatees/ 

survey), and the first half of August 

(11.0 manatees/survey), and increased 

in the latter half of August (19.4 

manatees/survey). Coincidentally, the 

period of least manatee use also 

matched the timeframe when the least 

experienced boaters would be most 

likely to be on the water, the public 

school summer vacation period. 

The Service also examined manatee 

area use data (i.e., numbers of manatees 

seen and their locations) in various 

portions of the watersports zone for this 

same time period. Manatees are found 

throughout Kings Bay; however, some 

portions of Kings Bay appear to have 

less frequent use than others, such as a 

portion of the bay north of Buzzard 

Island. Manatee use during the months 

of May through August, was greatest 

(approximately 60 percent of all 

observations) in the waters east, west, 

and south of Buzzard Island. The waters 

along the south, west, and north 

shorelines in that portion of Kings Bay 

north of Buzzard Island combined 

encompassed approximately 15 percent 

of all observations. The remainder of the 

waters north of Buzzard Island 

encompassed approximately 25 percent 

of the manatee observations (Crystal 

River NWR unpublished data). 

We, therefore, considered the best 

available information, including 

manatee area and seasonal use within 

the Bay, and concluded that we could 

still meet the regulatory requirements of 

50 CFR 17.100–108, subpart J, while 

also considering the human safety 

aspects by modifying the proposed rule 

to continue to allow some level of high 

speed watercraft recreation in Kings 

Bay. The final rule reflects these 

modifications that are within the scope 

of the proposed rule. Further, as 

confirmed in a memorandum to the 

Service dated November 8, 2011, these 

modifications alleviate the USCG’s 

concerns regarding the proposed rule. 

Specifically, watercraft will be able to 

operate at high speed, not to exceed 25 

mph, in a portion of Kings Bay generally 

north of Buzzard Island from June 1 

through August 15 during daylight 

hours (sunrise to sunset). Slow-speed 

operation is required from sunset to 

sunrise during this period and at all 

times from August 16 through May 31. 

Manatees in Kings Bay are known to 

approach anchored boats for various 

and sometimes unknown reasons (e.g., 

to rub on the anchor line, seek cover, 

etc.). Therefore, we added a protection 

measure in the high-speed area through 

a prohibition against anchoring a vessel 

in the area (except in emergency 

situations) while the zone is in effect, 

which will avoid creating an attractive 

nuisance. A secondary benefit of this 

manatee protection measure is that it 

enhances the value of the area for safe 

waterborne recreation by precluding 

anchorage of vessels in the high-speed 

area during the defined time period. 

Currently, this area is a location where 

recreational vessels are anchored for 

extended periods and this effectively 

limits high-speed recreation in the 

widest portion of the Bay, causing 

recreationists to use the more 

constricted portions of the watersports 

area. 

The modifications to the rule will 

allow continued use of a portion of 

Kings Bay for high-speed recreation and, 

therefore, is less likely to result in 

additional recreational pressure in 

Crystal River during this peak summer 

recreation period. The modifications 

also coincide with the period of least 

manatee use based on available 

occurrence data (Crystal River NWR 

2011, unpublished data). The area north 

of Buzzard Island provides the most 

open space available for watercraft 

operation in Kings Bay and is of less 

value to manatees for feeding, breeding, 

and sheltering (Crystal River NWR 

unpublished data). The waters to the 

east, west, and south of Buzzard Island 

that will become a year-round slowspeed zone generally have a greater 

density of manatee occurrences during 

the summer months, are shallower, and 

likely contain more submerged aquatic 

vegetation than the waters to the north 

of the island. 

The ‘‘Speed and anchoring 

restrictions’’ portion of the rule provides 

for slow speed shoreline buffers along 

the south, west, and north shorelines in 

the portion of Kings Bay north of 

Buzzard Island. This provision allows 

the Service to protect the areas most 

frequented by manatees and to allow a 

safe operating area for recreational 

vessels. Based on our estimates of the 

location of these buffers relative to 

manatee observational data, we believe 

the final rule provides significant 

improvements in manatee protection 

over current conditions. It provides the 

same level of manatee protection as the 

June 2011 proposed rule during 47 days 

of May and August when the bay is slow 

speed throughout. During June, July, 

and the first half of August (76 days 

total), boats will be required to travel at 

slow speed where manatees are most 

likely to occur east, west, and south of 

Buzzard Island (approximately 60 

percent of the observed locations) and 

along shorelines north of Buzzard Island 

(approximately 15 percent of the 

observed locations; Crystal River NWR 

unpublished data). As a result of the 

changes to the rule, which prohibits 

mooring and anchoring in the area north 

of Buzzard Island from June 1 to August 

15, we also believe there will be fewer 


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manatees (currently, this area supports 

approximately 5 percent of observed 

locations; Crystal River NWR 

unpublished data) in the area where 

boats have historically anchored and 

moored which will also increase 

manatee protection in the 25 mph area. 

In total, we estimate that the final rule 

will provide at least 84 percent of the 

slow-speed benefits of the proposed rule 

(100 percent for 47 days and 75 percent 

for 76 days) and could reduce the 

potential risk of manatee mortality and 

injury by this fraction as the result of 

legal vessel operation. We believe the 

final rule will prevent the take of one or 

more manatees and resolves the safety 

concerns expressed by the public and 

confirmed by the USCG and FWC. 

Therefore, the Service is exercising its 

discretionary authority under 50 CFR 

subpart J to establish this manatee 

protection area. 

(7) Comment: One reviewer 

commented that slowing boat speeds 

will not protect manatees. 

Our Response: Slowing vessels allows 

increased reaction time for both boaters 

and manatees to avoid each other. It also 

minimizes the amount of force involved 

should a collision occur. Blunt force 

trauma is a significant factor in the 

deaths of manatees and injuries in 

collisions with boats. 

(8) Comment: The definition of slow 

speed in the rule should be modified to 

include the aspect of ‘‘no wake’’ and 

should be modified to define a certain 

miles per hour. 

Our Response: The Service uses 

definitions of watercraft operation 

speeds that are consistent with those of 

the State of Florida. We do not have any 

information to indicate that addition of 

‘‘no wake’’ and a set miles per hour 

limit would offer further protection than 

the current definition in use. 

(9) Comment: We received comments 

that there is not enough information to 

support establishing a temporary noentry area around House and Jurassic 

Springs as well as comments that 

requested greater protection for these 

springs in the form of sanctuaries. 

Our Response: As many as 20 animals 

have been seen in each of these sites on 

particularly cold days (J. Kleen, Crystal 

River NWR, 2010, pers. com.). Based on 

the best available information, including 

manatee use data, we believe that 

having the ability to establish temporary 

no-entry areas in House and Jurassic 

Springs will prevent the take, including 

harassment, of one or more manatees. 

These temporary no-entry areas will not 

be established in these spring areas 

when manatees are not present. 

Establishment of temporary no-entry 

areas will be based on aerial survey 

observations of manatees using the 

existing sanctuary sites, current weather 

information, and other sources of 

credible, relevant information. 

Depending on the winter season, House 

and Jurassic Springs may not have to be 

temporarily closed to entry or may only 

need to be closed for a time less than the 

duration of the winter season. In 

relation to greater protection, manatee 

use at these Springs is also expected to 

increase with less disturbance and 

future growth of the manatee 

population. At this time, the evidence 

does not support a determination that 

establishment of permanent sanctuaries 

is necessary to prevent the taking of one 

or more manatees. We will work closely 

with the local, State, and Federal 

officials and the local community if rule 

changes are considered in the future. 

(10) Comment: The Service should 

specify specific air and water 

temperatures and tidal conditions that 

are necessary before an early or late 

creation of any temporary no-entry area 

could occur. 

Our Response: Creation of any 

temporary no-entry area will be made 

only after an evaluation of a number of 

factors. The designation of temporary 

no-entry areas in advance of or after the 

regular manatee winter season will be 

made based on presence of manatees as 

identified by aerial survey observations 

of manatees using the existing sanctuary 

sites, and current weather information 

including air and water temperature and 

forecast duration of the cold event. 

Tidal conditions are not a factor in 

considering these designations. 

(11) Comment: Some reviewers 

commented that we are only 

establishing the Kings Bay manatee 

refuge because of the threat of court 

action against the Service from several 

environmental groups. 

Our Response: In designating the 

Kings Bay manatee refuge, the Service is 

guided by the provisions of 50 CFR 

17.100–108. 

(12) Comment: Some reviewers 

commented that, with the manatee 

population increasing, there is no need 

for establishing a Federal manatee 

refuge in Kings Bay, Citrus County, 

Florida. 

Our Response: Both the ESA and 

MMPA prohibit the take, including 

incidental take, of manatees without 

appropriate authorization, which, to be 

obtained, must meet certain findings 

made under these Acts. Preventing the 

take of manatees as a result of watercraft 

collisions is a top priority in manatee 

recovery and management programs 

because of the overall value of this area 

to recovery, and the risk of take from 

harassment and watercraft. This action 

is consistent with prior Service 

rulemaking. After evaluating the best 

available information, we have 

determined that designation of this area 

as a manatee refuge is warranted 

pursuant to 50 CFR 17.100–108. 

(13) Comment: Kings Bay as a whole 

and the channel proper that feeds into 

Kings Bay should be established as a 

manatee sanctuary. 

Our Response: At this time, there is 

not substantial evidence to support the 

establishment of a manatee sanctuary 

throughout Kings Bay or the Crystal 

River channel proper that feeds into 

Kings Bay. Establishment of such a 

designation would unnecessarily restrict 

recreational opportunities within the 

Bay. 

(14) Comment: Several reviewers 

commented that harassment as defined 

by these more specific prohibited 

activities should be added to 50 CFR 

17.102 and that these prohibited actions 

that clarify take of manatees should 

apply everywhere it occurs and should 

be clarified in the rule. 

Our Response: With the publication of 

this final rule, 50 CFR part 17 will be 

amended as noted in the Regulation 

Promulgation section of this rule. The 

Director may establish manatee 

protection areas whenever there is 

substantial evidence showing such 

establishment is necessary to prevent 

the taking of one or more manatees. 

Defining ‘‘harassment’’ under 50 CFR 

17.102 is outside the scope of this rule. 

We have substantial evidence that the 

prohibited behaviors specifically 

identified in this rule can and have 

resulted in take of manatees in Kings 

Bay. It is not clear that extending the 

prohibitions beyond Kings Bay is 

warranted at this time, and in any case, 

goes beyond the scope of the rule. We 

will work closely with the local, State, 

and Federal officials and the local 

community if rule changes outside of 

Kings Bay are considered in the future. 

(15) Comment: Some reviewers 

expressed confusion about the proposed 

prohibition against using mooring or 

float lines that can entangle manatees. 

Comments were also received 

suggesting that this line prohibition 

should apply everywhere the manatee 

occurs. 

Our Response: The intent of the 

prohibition against the ‘‘use of mooring 

and float lines that can entangle 

manatees’’ was to prevent one or more 

manatees from being injured or killed 

from entanglement in such lines that 

have been abandoned or are not 

regularly checked and could, therefore, 

become an entanglement hazard. We 

recognize, however, that our intent was 

not clearly articulated in the proposed 


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rule. Entanglements are a threat to 

manatees in Kings Bay. In our attempts 

to clarify this proposed prohibition, we 

have recognized that this threat and 

solutions toward this threat need 

additional consideration. Implementing 

this provision at this time is not 

practical for several reasons (e.g., 

uncertainty regarding identification and 

availability of appropriate materials, 

application for different uses, and 

enforceability). Our goal of the proposed 

prohibition was the removal of derelict 

line sources and to encourage all 

operators to regularly check lines that 

are secured in Kings Bay. Through 

improved outreach, we are going to 

encourage all operators to help us meet 

this goal. We intend to work with the 

community and researchers to assess 

and evaluate equipment (line, 

connections, traps) solutions that are 

feasible and evidence suggests will help 

reduce manatee entanglements. Until 

we can accomplish that, other measures, 

such as fishing line recycling programs 

and the State of Florida’s derelict crab 

pot removal program, are already in 

existence within Kings Bay to provide 

means for reducing the number of lines 

discarded in this area. Therefore, we 

have modified the rule to remove this 

proposed prohibition. 

(16) Comment: Comments expressed 

the opinion that the Service does not 

have the resources to enforce the 

prohibitions and restrictions within the 

Kings Bay manatee refuge. Similarly, we 

received comments suggesting that 

enforcement should be increased in 

Kings Bay before additional protections 

are implemented. 

Our Response: Both State and Federal 

law enforcement agents are authorized 

to enforce these regulations, and 

enforcement is a valuable tool to reduce 

take from noncompliant activity. The 

watercraft speed restrictions address the 

potential for accidental take associated 

with currently legal activities. Increased 

enforcement of existing laws would not 

prevent these injuries and deaths. 

(17) Comment: Numerous comments 

stated the need to improve education for 

all parties who participate in 

waterborne activities within Kings Bay. 

Our Response: Education and public 

awareness are important elements in the 

ongoing efforts to protect and recover 

manatees. In addition, our analysis of 

the best available information indicates 

that establishment of manatee 

protection areas and their requisite 

enforcement are equally important 

components in the comprehensive 

approach toward manatee protection. 

We will continue to work with the local 

community to increase education and 

public awareness of these regulations 

and restrictions. 

(18) Comment: Some reviewers 

commented that elimination of the 

summer watersports zone will adversely 

impact the economy by reducing 

property values, certain forms of 

recreation, and tourism. Others 

commented that the proposal will 

support economic growth through 

increased ecotourism in the summer. 

One commenter pointed out the savings 

in costs from rescuing and caring for 

injured manatees. 

Our Response: The net economic 

effect of the rule, whether positive or 

negative, is expected to be minimal. 

There is little debate that manatees are 

an economic asset to the community, 

but the extent to which that value may 

increase in summer months is 

unknown. The changes in the slowspeed requirements for safety purposes 

will have the secondary effect of 

buffering potential adverse economic 

effects through lost use. The rule will 

reduce the duration when certain 

waterborne activities may take place by 

38 percent, but will maintain the 

opportunity for such recreation during 

the peak summer use period. It will 

remove some areas where high-speed 

watercraft operation can take place but 

improve opportunities for such 

recreation in other areas. It will increase 

and enhance the opportunities for other 

forms of waterborne recreation such as 

kayaking or canoeing, swimming, 

diving, and wildlife observation 

immediately east, south, and west of 

Buzzard Island. We know that the most 

recent annual reimbursement by the 

State to rehabilitation facilities for the 

cost of rescue and care for injured or 

distressed manatees is $1.15 million. 

Any incremental reduction in manatee 

injuries will represent a cost savings. 

(19) Comment: One reviewer 

commented that the manatee mortality 

statistics in the rule and Environmental 

Assessment are inaccurate. 

Our Response: The statistics have 

been reviewed and have been revised in 

this final rule to be current and accurate 

at the time of publication. 

(20) Comment: One reviewer 

commented that the refuge 

establishment will prevent dredging. 

Our Response: Manatee-safe 

procedures are currently required for all 

dredging activities in Florida where 

manatees are found. The rule does not 

impose additional restrictions on 

dredging. 

(21) Comment: Several comments 

stated that the rule should incorporate 

additional protected areas both within 

and beyond the refuge and noted that 

the Service is not closing access to the 

‘‘keyhole’’ in Kings Spring, a marked 

corridor within the Banana Island 

Sanctuary that currently allows access 

to swimmers and divers while the 

sanctuary is in place. 

Our Response: The Service does not 

believe that additional closures are 

warranted within the manatee refuge 

and closures outside of the manatee 

refuge are beyond the scope of this rule. 

The Service believes that the rule is 

sufficient to prevent the take of one or 

more manatees and is, therefore, 

compliant with our discretionary 

authority. We believe swimming and 

diving can be allowed in the ‘‘keyhole’’ 

without harassing manatees. However, 

should swimming, diving, or both in the 

keyhole prove to be a problem, the 

Service has authority to close public 

access without additional rulemaking, 

as this area is Federally-owned and 

administered by the Service. 

(22) Comment: Several comments 

suggested additional rules for in-water 

behavior relative to specific approach 

distances, touching of manatees, gear 

requirements or prohibitions, and 

passive observation. 

Our Response: In order for the Service 

to implement and enforce a restriction 

we must be able to demonstrate 

substantial evidence that the activity 

results in ‘‘take.’’ As such, the rule 

prohibits numerous types of contact 

with manatees that will result in take. 

However, we have no evidence that 

simply touching a manatee, or 

approaching a manatee within some 

specific proximity, or use of some 

specific types of gear near a manatee 

will necessarily result in take. The 

commenter also acknowledged that 

‘‘* * * interactions between certain 

manatees that invite contact with people 

may not annoy, disturb, or harm 

[manatees].’’ Adding these prohibitions 

would thus exceed our authority under 

subpart J and MMPA. Conversely, all of 

the prohibitions in the rule can be 

shown to result in take and will 

collectively allow us to prevent illegal 

take, and violations can be successfully 

prosecuted. 

(23) Comment: Some reviewers 

suggested that the Service delay 

implementation and create a 

stakeholder committee to develop a 

solution. 

Our Response: Prior to development 

of this final rule, we held four public 

meetings and one public hearing. No 

specific alternative solutions were 

submitted during these public meetings, 

subsequent to these meetings, or during 

the public comment period, despite the 

request for such information. We 

coordinated with Law Enforcement, 

FWC, and the USCG. The Service 


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considered alternative configurations for 

the final rule in coordination with the 

USCG and incorporated the changes that 

maximize manatee protection while 

addressing human safety concerns that 

were brought to our attention during the 

proposed rule comment period. Finally, 

the Service, as part of our mission, 

supports fishing, boating, and other 

outdoor recreation. In the future, if there 

is a technological means or other 

alternative that will protect manatees to 

the extent provided in the rule and 

allow us to lift some or all of the 

prohibitions, we will modify the 

manatee refuge and/or its prohibitions. 

Summary of Changes and Clarifications 

(1) The proposed prohibition on use 

of mooring and float lines at paragraph 

(c)(14)(ix)(M) was removed. 

Entanglements are a threat to manatees 

in Kings Bay. In our attempts to clarify 

this proposed prohibition, we have 

recognized that this threat and solutions 

toward this threat need additional 

consideration. Implementing this 

provision at this time is not practical for 

several reasons (e.g., uncertainty 

regarding identification and availability 

of appropriate materials, application for 

different uses, and enforceability). Our 

goal of the proposed prohibition was the 

removal of derelict line sources and to 

encourage all operators to regularly 

check lines that are secured in Kings 

Bay. Through improved outreach, we 

are going to encourage all operators to 

help us meet this goal. We intend to 

work with the community and 

researchers to assess and evaluate 

equipment (line, connections, traps) 

solutions that are feasible and evidence 

suggests will help reduce manatee 

entanglements. Until we can accomplish 

that, other measures, such as fishing 

line recycling programs and the State of 

Florida’s derelict crab pot removal 

program, are already in existence within 

Kings Bay to provide means for 

reducing the number of lines discarded 

in this area. Therefore, we have 

modified the rule to remove this 

proposed prohibition. 

(2) The requirement at paragraph 

(c)(14)(ii)(A) in reference to Three 

Sisters Springs was changed from ‘‘no 

entry’’ to prohibiting all waterborne 

activities during nighttime hours. 

Additionally, the timeframe was revised 

from specific hours to ‘‘sunset to 

sunrise.’’ The reference to ‘‘waterborne 

activities’’ is necessary to ensure that we 

are within our authorities under subpart 

J. This minor revision in hours is 

necessary to accomplish the intent to 

restrict activities during darkness when 

manatees cannot be seen and avoided 

and human activities cannot be 

monitored by enforcement officials. 

(3) As described in comment 6 and its 

response (above), we received numerous 

comments concerned that implementing 

a portion of the June 2011 proposed rule 

would result in human safety issues. 

The Service worked with the USCG 

(later confirmed by FWC) to evaluate the 

human safety aspects of the proposed 

rule and concluded that the proposed 

closure of the watersports zone is likely 

to result in the displacement of highspeed watercraft activity into the Gulf of 

Mexico and the connecting waters of 

Crystal River, with the latter being the 

more likely of the two options due to 

the 2-hour transit time from Kings Bay 

to the Gulf. Crystal River has a narrow 

high-speed channel, and we concluded 

that an increase in traffic such as might 

occur with implementation of our 

proposed rule is likely to result in 

unsafe conditions for watercraft 

operators by increasing the danger of 

boating safety infractions and marine 

accidents including vessel collisions, 

potentially involving serious bodily 

injury. 

We, therefore, reconsidered the 

substantial evidence showing that such 

establishment is necessary to prevent 

the taking of one or more manatees, 

including manatee area and seasonal 

use within the Bay, and concluded that 

we could still meet the regulatory 

requirements of 50 CFR 17.100–108 

while also considering human safety by 

modifying the proposed rule to continue 

to allow some level of high speed 

watercraft recreation in Kings Bay. The 

final rule reflects these modifications 

that are within the scope of the 

proposed rule. Specifically, watercraft 

will be able to operate at high speed, not 

to exceed 25 mph, in a portion of Kings 

Bay generally north of Buzzard Island 

from June 1 through August 15 during 

daylight hours (sunrise to sunset). Slowspeed operation is required from sunset 

to sunrise during this period and at all 

times from August 16 through May 31. 

Manatees in Kings Bay are known to 

approach anchored boats for various 

and sometimes unknown reasons (e.g., 

to rub on the anchor line, seek cover, 

etc.). Therefore, we added protection 

measures in the high speed area through 

a prohibition against anchoring a vessel 

in the area (except in emergency 

situations) while the zone is in effect, 

which will avoid creating an attractive 

nuisance. A secondary benefit of this 

manatee protection measure is that it 

enhances the value of the area for safe 

waterborne recreation by precluding 

anchorage of vessels in the high-speed 

area during the defined time period. 

Currently, this area is a location where 

recreational vessels are anchored for 

extended periods and this situation 

effectively limits high-speed recreation 

in the widest portion of the Bay, causing 

recreationists to use the more 

constricted portions of the watersports 

area. 

The modifications to the rule will 

allow continued use of a portion of 

Kings Bay for recreation and, therefore, 

are less likely to result in additional 

recreational pressure in Crystal River 

during this peak summer recreation 

period. The modifications also coincide 

with the period of least manatee use 

based on available occurrence data 

(Crystal River NWR 2011, unpublished 

data). The area north of Buzzard Island 

provides the most open space available 

for watercraft operation in Kings Bay 

and is of less value to manatees for 

feeding, breeding, and sheltering 

(Crystal River NWR unpublished data). 

The waters to the east, west, and south 

of Buzzard Island that will become a 

year-round slow-speed zone generally 

have a greater density of manatee 

occurrences during the summer months, 

are shallower, and likely contain more 

submerged aquatic vegetation than the 

waters to the north of the island. The 

final rule at paragraph (c)(14)(iii) 

contains these changes. 

The rule greatly increases manatee 

protection over current conditions. The 

rule reduces the period of high-speed 

watercraft operation from 123 to 76 

days. During the 76-day period (June 1 

through August 15), it reduces the speed 

limit from 35 mph to 25 mph during the 

day and requires slow-speed operation 

at night. Based on aerial survey data 

(Crystal River NWR unpublished 

reports), this rule does not allow 

watercraft to travel at high speed where 

they are most likely to encounter 

manatees (e.g., shallow, grassy areas). 

High-speed operation is confined to a 

timeframe and area when and where it 

is least likely to impact manatees. The 

rule allows high-speed watercraft 

operation during the peak human use 

period to prevent exacerbating human 

safety risks in Crystal River. It increases 

human safety associated with 

waterborne activities in portions of the 

manatee refuge immediately east, south, 

and west of Buzzard Island, which are 

the more confined and shallower areas 

of the State-designated watersports area 

(and where manatee use is most 

concentrated). 

As was the case with the proposed 

rule, this rule does not supersede any 

more restrictive Federal, State, or local 

regulations currently in place nor does 

it preclude more restrictive future 

actions by these entities. 


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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15627 

(4) The information standard for 

designating manatee protection areas is 

substantial evidence. As stated in 50 

CFR 17.103, ‘‘The Director may * * * 

establish manatee protection areas 

whenever there is substantial evidence 

showing such establishment is 

necessary to prevent the taking of one or 

more manatees.’’ This is also the legal 

standard for emergency designations 

under section 17.106. There is no 

indication in the subpart J regulations 

that information to be considered is 

limited to scientific or commercial (i.e., 

species trade) data. The substantial 

evidence standard means that the 

Service can appropriately consider any 

valid, reliable evidence as long as it is 

relevant to the question of whether the 

establishment is ‘‘necessary to prevent 

the taking of one or more manatees.’’ 

The Service made a minor technical 

error in our proposed rule. In our 

opening summary section, we correctly 

stated the substantial evidence standard 

and shared a summary of the substantial 

evidence we used on page 36494 in our 

proposed rule. But, in the Public 

Comments Solicited section of the 

proposed rule, we incorrectly cited the 

use of only the best scientific and 

commercial data. While we certainly 

use up-to-date scientific data in our 

evaluation as part of the evidence we 

consider (for example, we would not 

establish a manatee protection area 

where manatees are not documented), 

the standard by which we designate 

manatee protection areas is that we have 

substantial evidence that designation of 

the area is necessary to prevent the 

taking of one or more manatee(s). We 

wanted to clarify this technical error in 

this final rule. 

Kings Bay—Assessment of Current 

Conditions 

Similar to previous circumstances 

that warranted increases in the level of 

protection for manatees in Kings Bay, 

the number of manatees using Kings Bay 

more than doubled since 1998 (from 250 

animals to 516 animals in December 

2010, with the highest count on record 

of 566 in January 2010; Kleen 2011, 

pers. com.); the number of residents, 

visitors, and boats increased; and the 

amount of space in the existing 

sanctuaries became insufficient to 

provide this number of manatees with 

shelter free from harassment. In 

addition, the number of manatees struck 

and killed by boats in Kings Bay has 

increased since 1999. 

The manatee population in 

northwestern Florida 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). Consistent 

with this rate of increase, the number of 

manatees counted in the region has 

increased, as well. Aerial counts were 

first conducted during the winter of 

1983–1984, when 142 manatees were 

sighted in Citrus County; 124 of these 

animals were sighted in Kings Bay and 

Crystal River. In January 2010, Crystal 

River NWR researchers counted 646 

manatees in Citrus County’s coastal 

waters, including 566 manatees in Kings 

Bay. This is the highest number of 

manatees ever counted in this region 

and in Kings Bay (Kleen 2010, pers. 

com.). Aerial observations of manatees 

in Kings Bay during especially cold 

periods include sightings of manatees 

within the sanctuary areas and in 

smaller springs. In recent years, dozens 

of manatees are seen sheltering just 

outside of the sanctuary boundaries 

because the sanctuaries are 

overcrowded. Some animals shelter in 

some of Kings Bay’s smaller, 

unprotected springs, including House 

Spring, Jurassic Spring, and a spring just 

east of the mouth of Three Sisters 

Springs run referred to in this rule as 

Idiot’s Delight Number 2. As many as 20 

animals have been seen in each of these 

sites on particularly cold days (Kleen 

2010, pers. com.). 

The number of Citrus County 

residents increased by 19.8 percent (an 

average annual growth rate of 2.5 

percent per year), from 118,085 to 

141,416, between 2000 and 2008 (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 at an average annual 

growth rate of 4.0 percent per year. In 

2010, there were 16,901 boats registered 

in Citrus County, 3,975 more than the 

12,926 vessels registered there in 2000 

(FDHSMV 2011 Web site). While the 

number of visitor-owned watercraft that 

are used in 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). 

From 1974 through 2010, collisions 

with watercraft killed 60 manatees in 

Citrus County waterways, including 13 

manatees recovered within the 

boundaries of the Kings Bay manatee 

refuge, as established by this rule 

(FWC–FWRI Manatee Mortality 

Database 2011 Web site). All 13 deaths 

occurred since 1999. In 2008, FWC 

recorded the highest number (eight) of 

manatees ever killed by watercraft in 

Citrus County and three of these 

carcasses were recovered in Kings Bay 

(FWC–FWRI Manatee Mortality 

Database Web site). 

While watercraft-related deaths occur 

throughout the year in Citrus County, 7 

of the 13 watercraft-related deaths that 

were recovered in Kings Bay since 1999 

took place during those times of the year 

when the watersports area was in effect 

(May 1 through August 31). In May 

2004, observers witnessed a boat 

striking a manatee in the watersports 

area; a carcass was recovered nearby the 

following day (FWC–FWRI Manatee 

Mortality Database 2011 Web site). 

Researchers are currently working on 

determining manatee scar acquisition 

rates for the Crystal River/Kings Bay 

manatee population, but preliminary 

findings suggest that propeller wounds 

continue to be acquired during their 

residency in the area (R. Bonde, peer 

review 2011). 

Every year, manatees are entangled in 

fishing line, float lines, anchor and 

mooring lines, and other types of gear. 

In extreme cases, entangled manatees 

can die when entangling gear cuts into 

their hide, causing sepsis and the 

occasional loss of limbs. In cases when 

animals are superficially entangled, 

entangling gear is removed and the 

animals are released onsite. In more 

severe cases, manatees are transported 

to rehabilitation facilities where they are 

treated for injuries and infections 

associated with entanglements. There 

are 30 known cases of manatee 

entanglements from Citrus County, 

including 10 from Kings Bay. Fourteen 

of these cases include manatees 

entangled in crab pot float lines, 

including four from Kings Bay. The 

remaining cases from Kings Bay include 

four from fishing lines and two from 

anchor lines. County-wide records of 

entanglements include 24 rescues and 

four deaths. More than half of these are 

known to have occurred during the past 

15 years (U.S. Fish and Wildlife Service 

Manatee Rescue Rehabilitation and 

Release Program entanglements unpubl. 

data). However, measures, such as 

fishing line recycling programs and the 

State of Florida’s derelict crab pot 

removal program, are already in 

existence within Kings Bay to provide 


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15628 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 

means for reducing the number of lines 

discarded in this area. 

Manatee harassment, largely 

associated with wintertime manatee 

viewing activities, occurs in Kings Bay; 

a variety of methods are being used to 

help prevent and minimize harassment 

from occurring. The Service, State, 

nongovernment organizations, and 

private companies prepare and 

distribute outreach materials to 

manatee-viewing recreationists to 

familiarize them with best practices to 

follow when in the water with 

manatees. Best practices include the 

‘‘Manatee Viewing Guidelines,’’ 

developed by the Service and partners. 

Outreach materials include, among 

other things, handouts, kiosks, signs, 

and videos. The Crystal River NWR 

developed ‘‘Manatee Manners,’’ a video 

that dive shops and kayak outfitters are 

required to show their customers before 

they enter Kings Bay. These businesses 

take visitors to see manatees in Kings 

Bay, including Crystal River NWR. 

Under the National Wildlife Refuge 

System Improvement Act (16 U.S.C. 

668dd–668ee), commercial interests 

conducting business within the NWR 

are required to obtain special-use 

permits (SUPs), which are conditioned 

to ensure that the permittees and their 

designees do not take manatees. Crystal 

River NWR also maintains a visitor 

center where guests are provided with 

outreach materials. The Crystal River 

Refuge’s ‘‘Manatee Watch’’ volunteer 

network places volunteers in kayaks 

near the sanctuaries to educate visitors 

and report infractions when they occur. 

Federal regulations include 50 CFR 

17.100–108, which provide for 

enforcement of manatee protection 

measures, and State regulations include 

provisions of the State’s Florida 

Manatee Sanctuary Act as codified in 68 

C–22 of the Florida Administrative 

Code. State and Federal officers have 

been cross-deputized and can enforce 

both State and Federal regulations. The 

Service, State, and other law 

enforcement agencies actively enforce 

harassment regulations in Citrus County 

and in Kings Bay. Cited acts of 

harassment include trespass by 

manatee-viewing individuals into 

manatee sanctuaries where the Service 

has determined that any waterborne 

activity occurring within these areas 

would result in take of manatees, 

including but not limited to take by 

harassment. 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. 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. State violations include boaters 

traveling at speeds in excess of those 

described by law within specific areas. 

Given variations in enforcement 

practices and recordkeeping systems, 

these records are not used to describe 

trends in harassment activity. 

Summary 

Based on current and historical data 

that document increasing numbers of 

manatees, waterway users, watercraftrelated manatee deaths and injuries, and 

reports of manatee harassment in Kings 

Bay, we conclude that the take of 

manatees is occurring and increasing in 

this area. Sources of information 

include the U.S. Geological Survey, the 

FWC, manatee experts, the public, and 

peer-reviewed literature. Future take 

would occur without additional 

protection measures and we do not 

anticipate any alternative protection 

measures being enacted by other 

agencies in sufficient time to reduce the 

likelihood of take. For these reasons and 

based on this substantial evidence, we 

believe the establishment of an 

additional manatee protection area is 

needed to prevent the take of manatees. 

The Kings Bay manatee refuge covers 

the same geographical area as that 

defined by the November 9, 2010, 

emergency rule (75 FR 68719). 

To prevent the take of manatees, the 

Service and the State of Florida have 

designated a network of manatee 

protection areas at sites throughout 

Florida where threats to manatees have 

been well-documented and where 

manatees are known to frequently occur. 

This network supports our goal of 

providing areas of protected habitat 

throughout peninsular Florida, adequate 

to satisfy the biological needs of the 

species. This network is enhanced by 

the establishment of an additional 

manatee protection area, i.e., a manatee 

refuge in Kings Bay, a waterbody 

located in Crystal River, Citrus County, 

Florida. 

Kings Bay Manatee Refuge 

Under the manatee refuge 

designation, specified restrictions will 

improve the Service’s ability to address 

takings associated with watercraft and 

manatee viewing activities. Restrictions 

on watercraft operation will reduce the 

number of watercraft-related manatee 

deaths and injuries occurring in Kings 

Bay. Harassment associated with 

manatee viewing can be controlled 

through the establishment of no-entry 

areas not to exceed specified distances 

around existing manatee sanctuaries, 

the designation of no-entry areas at 

other springs when needed, and the 

identification of manatee refuge-specific 

prohibitions. 

Location 

The Service designates the waters of 

Kings Bay as a manatee refuge. These 

waters include that 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). 

See Map ‘‘Kings Bay Manatee Refuge’’. 

The manatee refuge encompasses 

seven existing Federal manatee 

sanctuaries, described in 50 CFR 17.108: 

The Banana Island Sanctuary (including 

King Spring), the Sunset Shores 

Sanctuary, the Magnolia Springs 

Sanctuary (including Gator Hole), the 

Buzzard Island Sanctuary, the Tarpon 

Springs Sanctuary, the Warden Key 

Sanctuary, and the Three Sisters Springs 

Sanctuary. The existing sanctuaries are 

in effect from November 15 through 

March 31 (referred to as the ‘‘manatee 

season’’). The manatee refuge measures 

would be in effect in Kings Bay as 

described below. 

Manatee Refuge Measures 

The manatee refuge measures, 

described in more detail below, include: 

• Maintaining the seven existing 

manatee sanctuaries where all 

waterborne activities are prohibited 

November 15 through March 31; 

• Regulating watercraft speeds 

throughout the manatee refuge at all 

times; 

• Prohibiting anchorage (other than 

emergency anchorage) of watercraft in 

the high-speed (25 mph) area from June 

1 through August 15; 

• 12 specifically prohibited activities 

throughout the manatee refuge at all 

times; 

• Temporary ‘no-entry’ areas adjacent 

to existing sanctuaries and specified 

additional springs during the manatee 

season (November 15 through March 

31); 

• Temporary ‘no-entry’ areas prior to 

or after the manatee season during 

unusual cold events; and 

• Exceptions for adjoining property 

owners and their designees. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15629 

Existing Manatee Sanctuaries 

All seven currently existing manatee 

sanctuaries in Kings Bay, where all 

waterborne activities are prohibited 

November 15 through March 31, will 

remain in effect. 

Watercraft Speeds and Anchorage 

To prevent the take of one or more 

manatees killed and injured by highspeed watercraft, operating speeds in 

Kings Bay are regulated throughout the 

year. Watercraft operation is restricted 

to slow speed throughout the manatee 

refuge unless otherwise marked. In 

some portions of the manatee refuge, 

State or local regulations require 

watercraft to travel at idle speed. For 

example, during summer holiday 

weekends, local ordinances and USCG 

regulations can require watercraft to 

travel at restricted speeds throughout 

Kings Bay due to human safety concerns 

regarding the high volume of watercraft 

activity, regardless of posted zones 

allowing greater speed. This rule allows 

watercraft to travel at speeds up to 25 

mph during daylight hours (slow speed 

at night) in a portion of the manatee 

refuge from June 1 through August 15. 

The intent of regulating watercraft 

speeds and slowing all watercraft down 

in areas most frequented by manatees is 

to prevent the take of one or more 

manatees in Kings Bay from compliant 

watercraft operation. Some manatees in 

Kings Bay are known to approach 

anchored boats and, therefore, 

anchoring boats in the high-speed (25 

mph) area is prohibited from June 1 

through August 15. By prohibiting 

anchorage of boats in the high-speed (25 

mph) area during this time period, 

manatees will not be attracted into 

harm’s way by seeking cover around the 

boats, being attracted to the discharge of 

bilge water, chewing on anchor lines, 

etc. 

Manatee Viewing and Other Waterborne 

Activities 

To prevent the take of one or more 

manatees associated with manatee 

viewing and other waterborne activities, 

we specify prohibitions that would be in 

effect throughout the year. Pursuant to 

the ESA and MMPA, all takings, 

including takings by harassment, are 

prohibited throughout the year, 

wherever they may occur. In regard to 

these prohibited activities, we consider 

a resting manatee to be a mostly 

motionless manatee that rises to breathe 

from the water bottom, in the water 

column, or on the water’s surface. While 

resting, a manatee may make minor 

changes in its posture and may slightly 

shift its position. Minor changes in 

posture occur when manatees breathe or 

roll. Resting manatees may also make 

slight movements with their flippers or 

tail to compensate for draft, etc. 

(Hartman 1979, pp. 82–84). To 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 activities: 

(i) Chasing or pursuing a manatee(s). 

(ii) Disturbing or touching a resting or 

feeding manatee(s). 

(iii) Diving from the surface onto a 

resting or feeding manatee(s). 

(iv) Cornering or surrounding or 

attempting to corner or surround a 

manatee(s). 

(v) Riding, holding, grabbing, or 

pinching or attempting to ride, hold, 

grab, or pinch a manatee(s). 

(vi) Poking, prodding, or stabbing or 

attempting to poke, prod, or stab a 

manatee(s) with anything, including 

your hands and feet. 

(vii) Standing on or attempting to 

stand on a manatee(s). 

(viii) Separating a mother and calf or 

attempting to separate a mother and 

calf. 

(ix) Separating a manatee(s) from a 

group or attempting to separate a 

manatee(s) from a group. 

(x) Giving a manatee(s) anything to eat 

or drink or attempting to give a 

manatee(s) anything to eat or drink. 

(xi) Actively initiating contact with a 

belted and/or tagged manatee(s) and 

associated gear, including any belts, 

harnesses, tracking devices, or antennae. 

(xii) Interfering with rescue and 

research activities. 

The following activities are prohibited 

within Three Sisters Springs from 

November 15 through March 31: 

a. All waterborne activities in Three 

Sisters Springs from sunset to sunrise. 

b. Scuba diving. 

c. Fishing, including but not limited 

to fishing by hook and line, by cast net, 

and by spear. 

Prohibited Anchoring in the High-Speed 

Area of Kings Bay 

Some manatees in Kings Bay are 

known to approach anchored boats. To 

minimize the potential for attraction 

(manatees seeking cover, bilge water, 

etc.) into harm’s way, anchorage (other 

than emergency anchorage) of watercraft 

is prohibited in the high speed (25 mph) 

area from June 1 through August 15. 

Temporary No-Entry Areas (November 

15 Through March 31) 

Because there is insufficient space in 

the existing sanctuaries for all manatees 

that use Kings Bay to shelter, rest, and 

feed, free from harassment, we will 

create temporary no-entry areas outside 

of and adjacent to the existing 

sanctuaries to ensure adequate room for 

manatees wanting to access these sites 

when space is needed during the 

manatee season (between November 15 

and March 31). This rule allows for 

creation of no-entry areas around one or 

more of the existing sanctuaries, as 

appropriate. The creation and removal 

of the temporary no-entry areas will be 

based on manatee usage data (such as 

aerial survey or on-the-water 

observations), current weather, and 

other sources of substantial information. 

We will also create no-entry areas 

around House Spring, Jurassic Spring, 

and Idiot’s Delight Number 2 Spring 

when these springs are occupied by 

manatees in need of shelter free from 

harassment. With this rule, we have the 

ability to create temporary no-entry 

areas around any or all sanctuaries and 

specified springs for the manatee 

season, but we do not envision this will 

be necessary in all years. Temporary noentry areas will be created at the 

distances specified in this rule to 

accommodate manatee biological needs 

as they use Kings Bay during cold 

events. The temporary no-entry areas 

will be posted for as long as they are 

necessary within the manatee season. 

Temporary No-Entry Areas (April 1 

Through November 14) 

To prevent the take of manatees 

sheltering in Kings Bay from cold 

weather that occurs outside of the 

manatee season (November 15 through 

March 31), temporary no-entry areas 

under this rule can be put in effect 

during early onset and protracted cold 

weather events that occur outside of the 

manatee season. Manatees that appear 

in Kings Bay during cold fronts that predate the start of the manatee season are 

especially vulnerable to harassment 

because none of the sanctuaries and noentry areas are in effect prior to 

November 15. Similarly, none of these 

measures are in effect after March 31, 

during those times when cold weather 

continues beyond this period of time. In 

April 2010, the Service asked the public 

to voluntarily stay out of existing 

manatee sanctuaries after the close of 

the manatee season due to protracted 

cold weather and the continued 

presence of manatees at these sites. 

While the public generally complied 

with the request, some people did not 

and manatees were harassed. 

By designating temporary no-entry 

areas prior to November 15 and after 

March 31 during cold fronts when 

manatees are present, manatee 

harassment that could occur during 


srobinson on DSK4SPTVN1PROD with RULES
15630 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 

these times can be prevented. 

Designations would remain in effect for 

the duration of a cold front and only 

when there is regular manatee use; 

manatee presence at warm-water sites 

during unseasonal cold events typically 

lasts for several days or less. Temporary 

designations would remain in effect for 

no longer than 14 consecutive days. 

Exceptions for Adjoining Property 

Owners and Their Designees 

Public and private property owners 

who own property that adjoins 

designated no-entry areas, their guests, 

employees, and designees (including 

but not limited to contractors and 

lessees) will continue to be able to 

access their property by obtaining, at no 

charge, an exception from the Crystal 

River NWR that will allow them to 

operate watercraft within the adjoining 

no-entry area for purposes of access and 

property maintenance. The Crystal River 

NWR will continue to provide adjoining 

property owners and their designees 

with a no-cost sticker or letter of 

authorization that identifies their 

watercraft as authorized to access noentry areas. Watercraft owned by 

excepted owners will be required to be 

marked by stickers and operate at idle 

speed while within a designated noentry area. Designees with a letter of 

authorization would be required to have 

a copy of the letter in their possession 

and required to operate at idle speed 

while within a designated no-entry area. 

Required Determinations 

Regulatory Planning and Review 

In accordance with the criteria in 

Executive Order 12866, the Office of 

Management and Budget (OMB) has 

determined that this rule is not a 

significant regulatory action. OMB bases 

its determination on the following four 

criteria: 

a. Whether the rule will have an 

annual economic impact of $100 million 

or more on the economy or adversely 

affect an economic sector, productivity, 

jobs, the environment, or other units of 

government. 

b. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

c. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

d. Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA) of 1996), whenever a Federal 

agency is required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions) (5 

U.S.C. 601 et seq.). However, no 

regulatory flexibility analysis is required 

if the head of an agency certifies that the 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Thus, for a 

regulatory flexibility analysis to be 

required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

small entities.’’ See 5 U.S.C. 605(b). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This section presents a 

screening level analysis of the potential 

effects of the designation of a manatee 

protection area on small entities. We 

certify that this rule would not have a 

significant economic impact on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

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

final Regulatory Flexibility Analysis is 

not required. Accordingly, a Small 

Entity Compliance Guide is not 

required. 

In order to determine whether the rule 

would have a significant economic 

impact on a substantial number of small 

entities, we utilize available information 

on the industries most likely to be 

affected by the designation of the 

manatee refuge. Small entities likely 

affected by the rule include entities 

whose businesses support high-speed 

recreational boating activities and 

commercial fishing. However, no 

current information is available on the 

specific number of small entities that 

would potentially be affected. This rule 

reduces the area and duration of highspeed activities from a previously 

existing summertime water-sports area 

and would add travel time to boating 

recreationists and commercial activities 

having to travel through the additional 

slow-speed zones. Because the only 

restrictions on recreational activity 

result from a reduction in time and 

space of the water-sports area and added 

travel time and alternative sites are 

available for all waterborne activities, 

we believe that the economic impact on 

small entities resulting from changes in 

recreational use patterns will not be 

significant. The economic impacts on 

small businesses resulting from this rule 

are likely to be indirect effects related to 

reduced demand for goods and services 

if recreationists choose to reduce their 

level of participation in waterborne 

activities. Similarly, because the only 

restrictions on commercial activity 

result from the inconvenience of added 

travel time, we believe that any 

economic impact on small commercial 

fishing or charter boat entities would 

not be significant. Also, the indirect 

economic impact on small businesses 

that may result from reduced demand 

for goods and services from commercial 

entities is likely to be insignificant. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

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

a. Is not expected to have an annual 

effect on the economy of $100 million 

or more. This rule may cause some 

inconvenience in the form of 

displacement and added travel time for 

recreationists and commercial fishing 

and charter boat businesses because of 

speed and access restrictions in this 

manatee refuge, but it should not 

translate into any significant business 

reductions for the many small 

businesses in Citrus County. Since the 

only restrictions on recreational activity 

would result from displacement and 

added travel time and alternative sites 

are available for all waterborne 

activities, we believe that the economic 

impact on small entities resulting from 

changes in recreational use patterns 

would not be significant. The economic 

impacts on small business resulting 

from this rule are likely to be indirect 

effects related to reduced demand for 

goods and services if recreationists 

choose to reduce their level of 

participation in waterborne activities. 

Similarly, because the only restrictions 

on commercial activity result from the 

inconvenience of added travel time, we 

believe that any economic impact on 

small commercial fishing or charter boat 

entities would not be significant. Also, 

the indirect economic impact on small 

businesses that may result from reduced 

demand for goods and services from 

commercial entities is likely to be 

insignificant. 

b. Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. It is unlikely that 

there are unforeseen changes in costs or 

prices for consumers stemming from 

this rule. The recreational charter boat 

and commercial fishing industries may 

be affected by lower speed limits for 


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some areas when traveling to and from 

fishing grounds. However, this impact is 

likely to be limited. 

c. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

As stated above, this rule may generate 

some level of inconvenience to 

recreationists due to displacement and 

added travel time, but the resulting 

economic impacts are believed to be 

minor and would not interfere with the 

normal operation of businesses in the 

affected county. Added travel time to 

traverse some areas is not expected to be 

a major factor that would impact 

business activity. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

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

seq.): 

a. This rule will not significantly or 

uniquely affect small governments. A 

Small Government Agency Plan is not 

required. The designation of manatee 

refuges imposes no substantial new 

obligations on State or local 

governments. 

b. This rule will not produce a 

Federal mandate of $100 million or 

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

significant regulatory action under the 

Unfunded Mandates Reform Act. 

Takings 

In accordance with Executive Order 

12630, this rule does not have 

significant takings implications. A 

takings implication assessment is not 

required. The manatee protection area is 

located over Federal-, State-, or 

privately-owned submerged bottoms. 

Any property owners in the vicinity 

would retain navigational access and 

the ability to maintain their property. 

Federalism 

In accordance with Executive Order 

13132, the rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. This rule 

will not have substantial direct effects 

on the State, on the relationship 

between the Federal Government and 

the State, or on the distribution of 

power and responsibilities among the 

various levels of government. We 

coordinated with the State of Florida to 

the extent possible on the development 

of this rule. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule would not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

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

Paperwork Reduction Act 

This regulation does not contain new 

collections of information that require 

approval by the Office of Management 

and Budget under 44 U.S.C. 3501 et seq. 

The regulation would not impose new 

recordkeeping or reporting requirements 

on State or local governments, 

individuals, businesses, or 

organizations. OMB has reviewed and 

approved the information collection 

requirements associated with special 

use permits and assigned OMB Control 

No. 1018–0102. We may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with the criteria of the 

National Environmental Policy Act (42 

USC 4321 et seq.). This final rule does 

not constitute a major Federal action 

significantly affecting the quality of the 

human environment. An environmental 

assessment and Finding of No 

Significant Impact has been prepared 

and is available on-line at http:// 

www.regulations.gov (see ADDRESSES), 

or upon request (see FOR FURTHER

INFORMATION CONTACT). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175 and the Department of the 

Interior’s manual at 512 DM 2, we have 

evaluated possible effects on Federallyrecognized Indian tribes and have 

determined that there are no effects. 

Energy Supply, Distribution, or Use 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. Because 

this rule is not a significant regulatory 

action under Executive Order 12866, 

and it would only require vessels to 

proceed at slow or idle speeds (with the 

exception of a posted high-speed area 

available June 1 through August 15) or 

avoid no–entry areas in 530 acres of 

waterways in Florida, it is not expected 

to significantly affect energy supplies, 

distribution, and use. Therefore, this 

action is not a significant energy action, 

and no Statement of Energy Effects is 

required. 

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 the U.S. Fish and Wildlife Service, 

North Florida Ecological Services Office 

(see ADDRESSES). 

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 I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

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

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

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. Amend § 17.104 by revising 

paragraph (b) to read as follows: 

§ 17.104 Prohibitions. 

* * * * * 

(b) Manatee refuge. It is unlawful for 

any person within a particular manatee 

refuge to engage in any waterborne 

activity which has been specifically 

prohibited within that refuge, or to 

engage in any waterborne activity in a 

manner contrary to that permitted by 

regulation within that area. Any take of 

manatees under the Acts (see § 18.3 of 

this chapter for a definition of ‘‘take’’ in 

regard to marine mammals), including 

take by harassment, is prohibited 

wherever it may occur. 

* * * * * 

■ 3. Amend § 17.108 by: 

■ a. In paragraph (a)(3), removing the 

period at the end of the paragraph and 

adding in its place a comma and the 

words ‘‘to be known as the Magnolia 

Springs Manatee Sanctuary.’’; 

■ b. In paragraph (a)(4), removing the 

period at the end of the paragraph and 


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adding in its place a comma and the 

words ‘‘to be known as the Buzzard 

Island Manatee Sanctuary.’’; 

■ c. In paragraph (a)(5), removing the 

period at the end of the paragraph and 

adding in its place a comma and the 

words ‘‘to be known as the Tarpon 

Springs Manatee Sanctuary.’’; 

■ d. In paragraph (a)(6), removing the 

period at the end of the paragraph and 

adding in its place a comma and the 

words ‘‘to be known as the Warden Key 

Manatee Sanctuary.’’; 

■ e. Revising paragraph (b) to read as set 

forth below; and 

■ f. Adding paragraph (c)(14) to read as 

set forth below: 

§ 17.108 List of designated manatee 

protection areas. 

* * * * * 

(b) Exceptions. (1) Adjoining property 

owners, their guests, employees, and 

their designees (including but not 

limited to contractors and lessees) may 

engage in watercraft access and property 

maintenance activities through manatee 

sanctuaries (set forth in paragraphs 

(a)(1) through (a)(11) of this section) and 

designated ‘‘no-entry areas’’ in the Kings 

Bay Manatee Refuge (set forth in 

paragraph (c)(14) of this section). Use of 

sanctuary and no-entry area waters is 

restricted to authorized individuals 

accessing adjoining properties, storing 

watercraft, and maintaining property 

and waterways. Maintenance activities 

include those actions necessary to 

maintain property and waterways, 

subject to any Federal, State, and local 

government permitting requirements. 

(2) Authorized individuals must 

obtain a sticker or letter of authorization 

from the U.S. Fish and Wildlife Service 

identifying them as individuals 

authorized to enter no-entry areas that 

adjoin their property. Stickers must be 

placed in a conspicuous location to 

readily identify authorized watercraft. 

Individuals with a letter of 

authorization must have a valid letter in 

their possession when accessing noentry areas. 

(3) Authorized individuals must 

conduct any authorized boating activity 

within these areas at idle or no-wake 

speeds. 

(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) Area covered. The Kings Bay 

Manatee Refuge encompasses existing 

manatee protection areas as described in 

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

section, and areas outside these sections 

as depicted on the map in paragraph 

(c)(14)(ii) of this section. 

(ii) Particular areas. The following 

springs fall within the boundaries of the 

Kings Bay Manatee Refuge. A map 

showing the entire refuge, including 

these springs, follows: 

BILLING CODE 4310–55–P 


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BILLING CODE 4310–55–C 

(A) Three Sisters Springs. A tract of 

submerged land, lying in Section 28, 

Township 18 South, Range 17 East, 

Tallahassee Meridian, Citrus County, 

Florida, more particularly described as 

follows: For a point of reference, 

commence at the northwest corner of 

said Section 28 in an east southeast 

direction to the canal that begins on the 

west side of Southeast Cutler Spur 

Boulevard and runs west-northwest to 

Kings Bay. The spring is north and east 

of the northern terminus of Southeast 

Paradise Avenue along the northern 

shore of said canal. Three Sisters 

Springs includes three main and 

numerous smaller spring vents and a 

spring run that connects the vents to 

said canal in Crystal River, Citrus 

County, Florida. This area is not the 

same as set forth in paragraph (a)(7) of 

this section. This area is behind the 

sanctuary (north from the mouth of the 

channel) as set forth in paragraph (a)(7) 

of this section. 

(1) All waterborne activities in this 

specific area are prohibited from sunset 

to sunrise from November 15 through 

March 31 exclusive of the provisions of 

paragraph (c)(14)(v) of this section. 

(2) Scuba diving and fishing 

(including but not limited to fishing by 


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hook and line, by cast net, and by spear) 

are also prohibited in this specific area 

from November 15 through March 31 

exclusive of the provisions of paragraph 

(c)(14)(v) of this section. 

(3) If the provisions of paragraph 

(c)(14)(vi) of this section are put in 

effect, all waterborne activities are 

prohibited in this specific area for the 

duration established under paragraph 

(c)(14)(vi) of this section. 

(B) House Spring. A tract of 

submerged land, lying in Section 21, 

Township 18 South, Range 17 East, 

Tallahassee Meridian, Citrus County, 

Florida, more particularly described as 

follows: For a point of reference, 

commence at the southwest corner of 

said Section 21 in an east-northeast 

direction to the northeasternmost corner 

of Hunter Spring Run. The spring is 

immediately west of and adjacent to 

Northeast 2nd Court in Crystal River, 

Citrus County, Florida. 

(C) Jurassic Spring. A tract of 

submerged land, lying in Section 21, 

Township 18 South, Range 17 East, 

Tallahassee Meridian, Citrus County, 

Florida, more particularly described as 

follows: For a point of reference, 

commence at the southwest corner of 

said Section 21 in an east northeast 

direction to the eastern shore of Hunter 

Spring Run. The spring is immediately 

west of the western terminus of 

Bayshore Drive in Crystal River, Citrus 

County, Florida. 

(D) Idiot’s Delight Number 2 Spring. A 

tract of submerged land, lying in Section 

28, Township 18 South, Range 17 East, 

Tallahassee Meridian, Citrus County, 

Florida, more particularly described as 

follows: For a point of reference, 

commence at the northwest corner of 

said Section 28 in an east southeast 

direction to the canal that begins on the 

west side of Southeast Cutler Spur 

Boulevard and runs west-northwest to 

Kings Bay. The spring is north and east 

of the northern terminus of Southeast 

Paradise Avenue along the northern 

shore of said canal just east of the 

southern terminus of the Three Sisters 

Springs run in Crystal River, Citrus 

County, Florida. 

(iii) Speed and anchoring restrictions. 

(A) Throughout the entire year, 

watercraft speeds are restricted to slow 

speed throughout the manatee refuge 

with the following exceptions: 

(1) A posted area generally north of 

Buzzard Island, exclusive of shoreline 

slow-speed buffer zones, where 

watercraft may travel at speeds up to 25 

miles per hour during daylight hours 

(sunrise to sunset) from June 1 through 

August 15; 

(2) Those areas where access is 

precluded (manatee sanctuaries, noentry areas); or 

(3) Areas where more restrictive speed 

restrictions are in effect. 

(B) From June 1 through August 15, 

anchorage (other than emergency 

anchorage) of watercraft is prohibited in 

the posted high speed (25 miles per 

hour) area around Buzzard Island 

referenced in paragraph (c)(14)(iii)(A) of 

this section. 

(iv) Time and area prohibitions. 

When the provisions of paragraphs 

(c)(14)(v) or (vi) of this section are in 

effect (November 15 through March 31 

and April 1 through November 14, 

respectively), all waterborne activities, 

including swimming, diving (including 

skin and scuba diving), snorkeling, 

water skiing, surfing, fishing (including 

with hook and line, by cast net, or 

spear), 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 

in areas that are adjacent to and within 

specified distances from the existing 

manatee sanctuaries located in Kings 

Bay (defined in paragraphs (a)(1) 

through (a)(7) of this section) and the 

springs defined in paragraph (c)(14)(ii) 

of this section: Three Sisters Springs, 

House Spring, Jurassic Spring, and 

Idiot’s Delight Number 2 Spring. 

(v) Expanded temporary no-entry area 

(November 15 through March 31). When 

manatees exceed the capacity of an 

existing manatee sanctuary or shift 

usage around an existing manatee 

sanctuary or shift usage to Three Sisters 

Springs, House Spring, Jurassic Spring, 

and Idiot’s Delight Number 2 Spring, 

due to water or weather or other 

conditions, we will designate ‘‘noentry’’ areas from November 15 through 

March 31 as appropriate and necessary 

around any of these sites. The 

determination to designate and 

subsequently remove no-entry areas 

around existing manatee sanctuaries 

and Three Sisters Springs, House 

Spring, Jurassic Spring, and Idiot’s 

Delight Number 2 Spring within the 

Kings Bay Manatee Refuge will be based 

on aerial survey observations of 

manatees using the existing sanctuary 

sites, current weather information, and 

other sources of credible, relevant 

information. We will designate no-entry 

areas within Kings Bay Manatee Refuge 

and outside of existing sanctuaries as 

follows: 

(A) 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. 

(B) For the Three Sisters Springs 

Sanctuary, 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. 

(C) For House Spring and Jurassic 

Spring, an area that does not exceed 100 

feet from the associated spring vents. 

(D) For Idiot’s Delight Number 2 

Spring, an area that does not exceed 25 

feet from the associated spring vent. 

Any temporary designation will be 

configured to avoid the manmade 

channel in the canal and will not block 

access into Three Sisters Springs. 

(vi) Temporary no-entry areas (April 1 

through November 14). Temporary noentry area designations may be made in 

the existing manatee sanctuaries located 

in Kings Bay defined in paragraphs 

(a)(1) through (a)(7) and paragraphs 

(c)(14)(v)(A) through (D) of this section 

prior to November 15 and after March 

31 during cold fronts when manatees 

are present. Designations will remain in 

effect for the duration of a cold front 

and only when there is regular manatee 

use; temporary no-entry area 

designations will remain in effect for no 

longer than 14 consecutive days. 

(vii) Posting of temporary no-entry 

areas designated in accordance with 

paragraph (c)(14)(v) or (vi) of this 

section. Additional temporary 

protection areas will be posted to 

distances as described in paragraph 

(c)(14)(v) of this section and identified 

by the following devices: buoys, float 

lines, signs, advisories from onsite 

Service employees and their designees, 

or other methods. 

(viii) Notifications of temporary noentry areas designated in accordance 

with paragraph (c)(14)(v) or (vi) of this 

section. When we determine that the 

provisions of paragraph (c)(14)(v) or (vi) 

of this section are appropriate, the 

temporary protection areas will be 

designated and posted to distances as 

described in paragraph (c)(14)(v) 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 


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Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15635 

present, may also inform waterway 

users of designations. 

(ix) Prohibited activities (year-round). 

We specifically identify and prohibit the 

activities set forth in this paragraph to 

prevent the take of one or more 

manatees by individuals engaged in 

waterborne activities while in the water, 

in boats, or on-shore within the Kings 

Bay Manatee Refuge. In regard to these 

prohibited activities, we consider a 

resting manatee to be a mostly 

motionless manatee that rises to breathe 

from the water bottom, in the water 

column, or on the water’s surface. While 

resting, a manatee may make minor 

changes in its posture and may slightly 

shift its position. Minor changes in 

posture occur when resting manatees 

breathe or roll. Resting manatees may 

also make slight movements with their 

flippers or tail to compensate for drift, 

etc. Prohibited activities include: 

(A) Chasing or pursuing manatee(s). 

(B) Disturbing or touching a resting or 

feeding manatee(s). 

(C) Diving from the surface on to a 

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 a manatee(s). 

(F) Poking, prodding, or stabbing or 

attempting to poke, prod, or stab a 

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 or tagged manatee(s) and 

associated gear, including any belts, 

harnesses, tracking devices, or antennae. 

(L) Interfering with rescue and 

research activities. 

Dated: March 1, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–6055 Filed 3–15–12; 8:45 am] 

BILLING CODE 4310–55–P 


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