Endangered and Threatened Wildlife and Plants; Final Rule To Establish Additional Manatee Protection Areas in Kings Bay, Crystal River, Florida

DEPARTMENT OF THE INTERIOR

U.S. Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB74

Endangered and Threatened Wildlife and Plants; Final Rule To

Establish Additional Manatee Protection Areas in Kings Bay, Crystal

River, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This final rule establishes three additional permanent manatee

(Trichechus manatus) sanctuaries and expands an existing sanctuary in

Kings Bay, Crystal River, Florida. All waterborne activities will be

prohibited in these sanctuaries from November 15 through March 31 of

each year. This final action will prevent the taking of manatees by

harassment resulting from waterborne activities during the winter

months. The total number of sanctuaries in Kings Bay is increased from

three (10.7 acres) to six (39.0 acres) to accommodate the growing

number of manatees using the area each winter, and to offset the

harassment from increasing public use. This action is taken under the

authority of the Endangered Species Act of 1973, as amended, and the

Marine Mammal Protection Act of 1972.

EFFECTIVE DATE: June 13, 1994.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the U.S. Fish and

Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville,

Florida 32216.

FOR FURTHER INFORMATION CONTACT: Robert O. Turner at the above address,

904/232-2580; or Vance Eaddy, Senior Resident Agent, U.S. Fish and

Wildlife Service, 9721 Executive Center Dr., Suite 206, St. Petersburg,

Florida 33702, 813/893-3651.

SUPPLEMENTARY INFORMATION:

Background

Crystal River is a short tidal river on the west coast of Florida.

Forming the headwaters of Crystal River is Kings Bay, a lake-like body

of water fed by many freshwater springs. These springs, because of

their year-round temperature of over 74 deg. F, provide an essential

warm-water wintering area for West Indian manatees (Trichechus

manatus), a federally listed endangered species.

During cold weather, many of the manatees wintering in Kings Bay

congregate in an area known as the main spring or Kings Spring, located

just south of Banana Island. This location is also a favorite site for

skin and scuba divers, who come to Kings Bay for the clear, calm

conditions favorable for learning diving techniques, coupled with the

opportunity to ``swim with the manatees''. Diver use of this area is

especially heavy during the cold winter months when diving is

impractical through most of the northern states, and when the

opportunity for manatee encounters is greatest.

The concurrent use of the main spring area by divers and manatees

during cold weather creates a problem for manatees. Manatees are shy,

harmless creatures that are easily driven away from warm springs by

human activity (Buckingham 1990).

A limited number of manatees (about 15) used the springs in the

1970's prior to the establishment of the Banana Island Sanctuary. They

seemed to tolerate and even enjoy some human contact. These ``tame''

manatees readily approached divers and allowed themselves to be petted

and lightly scratched (Hartman 1979, Powell and Rathbun 1984). By 1980,

the number of manatees wintering in the bay had increased to just over

100. This increase was greater than could be accounted for by

reproduction, so it was apparent that some manatees were immigrating

from other areas (Powell and Rathbun 1984). The number of manatees that

chose to interact with the public increased only slightly.

Concern for the welfare of the manatees in Kings Bay increased,

culminating in 1980 when the first manatee sanctuaries were

established. The authority to establish manatee protection areas,

either refuges or sanctuaries, is provided by the Endangered Species

Act of 1973, as amended, and the Marine Mammal Protection Act, and is

codified at 50 CFR 17, Subpart J. Under Subpart J, the Director may

establish, by regulation, manatee protection areas whenever he or she

determines there is substantial evidence that there is imminent danger

of a taking (including harassment) of one or more manatees, and that

such establishment is necessary to prevent such a taking. This

regulation allows the U.S. Fish and Wildlife Service to regulate

activities in state waters to protect an endangered species.

In 1983 the Crystal River National Wildlife Refuge was created to

protect manatees from any potential negative impacts of human

activities. The refuge owns Banana Island, Warden Key and Buzzard

Island in Kings Bay, a house on the eastern shore currently being used

as the headquarters, and some other properties in the area.

Manatee use of Kings Bay during winter months now exceeds 240

animals (FWS unpublished data). A majority of manatees currently using

the spring do not tolerate close human contact and leave the warmer

spring waters when humans approach too closely. Research conducted

during the 1988-89 winters indicated manatees spend a disproportionate

amount of their time in sanctuaries, in direct relationship to the

number of boats present, regardless of weather conditions (Buckingham

1990).

Efforts have been made to make divers, snorklers, and boaters aware

of the manatee harassment problem. Visitors have been instructed

through posters, brochures, and by dive shop personnel that they should

not aggressively pursue manatees or drive them from the springs. Most

visitors to King's Bay have been very cooperative in this regard. While

most visitors conscientiously avoid outright harassment, many seek the

manatees out, approaching them to observe and even pet them. Although a

few manatees tolerate and occasionally invite attention, most appear to

find these interactions intolerable and alter their behavior

accordingly. At times, the large number of humans concentrated in this

relatively confined area forces all the manatees to seek less

disturbing conditions.

The largest manatee aggregations on Florida's west coast are found

during winter months on the ledges surrounding the refuge's main

spring. Manatees often collect there in the evenings and remain

throughout the early morning hours. When few divers are present and

those few are quiet, manatees usually linger around the main boil,

particularly in colder weather. However, on days when divers arrive in

force soon after sunrise, those manatees least able to tolerate human

crowding begin leaving the spring and move into the sanctuaries. As

greater numbers of divers arrive, more manatees leave (FWS unpublished

data). On days when the temperatures of the surrounding waters are not

excessively cold, this may not be critical, although it still alters

the manatee's natural behavior. On days when surrounding water

temperatures are below 68 deg. F it presents a potentially serious

problem.

Although some manatees can tolerate limited exposure to waters as

cold as 56.3 deg. F (13.5 deg. C) (Hartman, 1979) others become

lethargic and cease feeding at temperatures less than in 68 deg. F

(20 deg. C) water (Campbell and Irvine 1981). Carcasses recovered

following major cold events showed atrophy of fat, emaciation, and an

absence of food in the gastrointestinal tract with no sign of disease;

characteristics consistent with death from hypothermia. Manatees appear

unable to increase heat production through metabolic activity

sufficient to counter losses to the environment. Manatees are tropical

warm-water mammals. They feed on low-energy forage and have high

thermal conductance and exceptionally low metabolic rates (only 15 to

22 percent of predicted values based on body size) (Irvine 1983).

Florida is at the northern limit of their winter range.

Subadult manatees appear to be especially susceptible to death from

hypothermia. This is probably a combination of their larger surface to

volume ratio and their lack of experience in finding thermal refuges.

The length of time a manatee can tolerate cold water before its health

is compromised depends on its condition--a factor which cannot easily

be measured on free-ranging manatees. Experiments on Amazonian manatees

(T. inunguis) showed that underweight, nutritionally stressed, and

fasting mammals have a drastically lowered capacity for heat production

(Scrimshaw et al. 1968, Chandra and Newberne 1977:127-176).

During an extreme cold event in 1990, several manatees died in

Brevard County, Florida. These manatees sought thermal refuge at the

warm-water discharge from an electrical power generating plant on the

Banana River. Although the discharge raised the temperature of the

water approximately 10 deg. F, under those extreme conditions, it was

insufficient to keep them alive. There is probably no thermal refuge in

Florida warm enough to guarantee the health of all resident manatees

during an extremely cold winter.

Crystal River National Wildlife Refuge is probably the best of the

thermal refuges and undoubtedly the only one capable of supplying all

the needs for over 200 manatees through the winter. The springs are fed

by underwater artesian springs deep under the insulating surface of the

earth, holding the temperature constant. Unlike industrial discharges,

this natural water source is not subject to mechanical breakdowns or

power failures. Unlike most artificial refuges, a readily available

food source is available close by and in abundant supply. Bengtson

(1981) observed manatees remaining in thermal refuges for up to a week

without feeding during cold spells. It appears it was more energy

efficient for them to fast rather than risk feeding in colder waters.

In Crystal River, fasting is probably rarely necessary for long

periods, and the enormous outflow from the springs can moderate the

temperature of much of the bay, depending on tidal and wind factors.

If left alone, manatees would use the resources of Kings Bay

according to their individual needs. However, research has shown that

the presence of boaters and divers causes manatees to leave the spring

heads in favor of the sanctuaries regardless of weather conditions. On

days when there is low diver turnout, a greater proportion of manatees

remain in the springs (Buckingham 1990). Observations of other

wintering areas, such as Blue Spring State Park, show that, left to

their own devices, most manatees will remain in warm water throughout

the day during cold weather periods. Activities that cause manatees to

leave a natural thermal refuge can, therefore, be considered

``harassment'' because those activities interfere with normal

``sheltering'' habits of the animal. Harassment of manatees is a

violation of both the Endangered Species Act and the Marine Mammal

Protection Act.

Currently, manatees are able to move away from divers by going into

three sanctuaries, Banana Island, Sunset Shores, and Magnolia Springs,

established in 1980. The Banana Island sanctuary is located near the

main spring, Kings Spring, and is relatively warm in relation to

surrounding waters. Sunset Shores sanctuary is still within the

southern part of the bay and provides a feeding and resting area in

fairly warm water. The Magnolia Springs sanctuary is located in a canal

development adjacent to Kings Bay and contains a smaller spring. Since

1980, the number of manatees using Kings Bay has increased from 100 to

246 in 1990. Although it might appear from the increasing numbers of

manatees that additional protection is not needed, this is not the

case. As manatee habitat is lost elsewhere on the Florida peninsula,

Kings Bay is becoming more important. Kings Bay is one of the last

natural warm-water areas with abundant food resources. Additional

sanctuaries are essential to insure adequate undisturbed natural areas

in Kings Bay where manatees may meet their needs, including warm water,

food, and areas for resting and socializing.

The economic importance of Kings Bay and especially the refuge's

main spring to Crystal River and Citrus County centers around

recreational SCUBA diving, snorkeling and boating. The area is

internationally known as a desirable location for winter diving. The

presence of manatees creates a special attraction which dive shop

owners exploit by advertising their facilities as a place where one can

``swim with the manatees''. The tourism industry created by divers

coming to Crystal River is significant and total sales at five dive

shops and three motels more than doubled between 1980 and 1986, with

the ``manatee season'' accounting for 28 to 53 percent of their sales

for the entire year (Milon in prep). Due in part to national and

international publicity manatees have received in recent years, the

number of divers visiting Kings Bay has increased to about 60,000-

80,000 in the winter of 1990-91, double the number in 1980 (FWS

unpublished data). This rapid increase in popularity is likely to

continue, significantly affecting manatees.

The Service intends to provide manatees needed winter protection

without adversely affecting diving and other waterborne activities so

important to Crystal River's economy. Aerial survey data available on

manatee distribution within Kings Bay suggest that strategically placed

manatee sanctuaries could provide manatees warm-water refugia and

feeding and resting areas free from harassment without causing a major

disruption of current recreational patterns (Kochman et al. 1985,

Buckingham 1990). It is important to note that, although a few local

business people feared losses of revenue following the implementation

of the sanctuary additions, no evidence of any losses have been

observed during the 2 years the sanctuaries were in effect under

emergency rules.

Therefore, the Service, by this rule, is expanding the sanctuary

area in Kings Bay to provide manatees additional undisturbed habitat

during the cold weather months. These sanctuaries will exclude all

waterborne activities by humans from November 15 through March 31 each

year. The total sanctuary area, consisting of less than 10 percent of

the area of Kings Bay, allows the remaining 90 percent of the bay to

remain open to recreational and commercial waterborne activities. The

sanctuary areas were carefully selected to provide maximum protection

for manatees and minimum impact on divers. Public input into the

selection of sanctuary areas was obtained during a workshop held in

Crystal River on March 21, 1991. The Service believes that, given these

added refugia, manatees will not be forced to leave the warm water

necessary for their survival and will be able to feed, rest, and

socialize without being harassed.

The sanctuary addition at Magnolia Springs adds 1.5 acres to the

previous Magnolia Springs Sanctuary. This short, horseshoe-shaped

section of canal joins a canal that feeds directly into Kings Bay. The

addition extends the protected area around a significant artesian

spring within the original sanctuary, providing additional protection

for the small but consistent number of manatees, most notably cows and

calves, that use the area for giving birth, resting, and as a warm-

water refuge.

The sanctuary on the north and east sides of Buzzard Island

contains 18.0 acres of shallow grassbeds along the northwestern edge

and down the length of the east side of Buzzard Island. This area is

primarily used by manatees as a feeding area. It has limited value as a

warm-water sanctuary but contains abundant vegetation within a short

distance from the warm waters in the southern part of Kings Bay.

The sanctuary at Tarpon Springs contains 4.6 acres along the

northwestern side of Banana Island. This sanctuary contains a small

spring and is used by manatees as a thermal refuge, feeding, and

resting area.

The 4.0-acre sanctuary on the north side of Warden Key provides a

protected feeding area close to the warm-water sanctuaries in the south

bay.

A standard survey of the sanctuary areas has been performed. The

new areas will be delineated with buoys, as are existing sanctuaries.

Summary of Comments and Recommendations

A public workshop, advertised in the Citrus County Chronicle, was

held on March 21, 1991 to allow local citizens and other interested

parties the opportunity to discuss the pros and cons of different

sanctuary locations. A number of the alternatives discussed at the

workshop were described in the Service's draft Environmental Assessment

supporting the Finding of No Significant Impact that was approved by

the Regional Director on August 23, 1991. The sanctuaries as they

appear in this rule were selected on the basis of known use by

manatees, availability of resources, and minimal impact on recreational

use patterns and homeowners. These sanctuaries were implemented for two

successive winters, 1991-2 and 1992-3, by two separate emergency rules

(57 FR 5988 and 58 FR 5643) when completion of the rulemaking process

was delayed. Legal notices were published in the ``Citrus County

Chronicle'' prior to the implementation of the emergency rules, and

each emergency rule offered the Environmental Assessment for review by

members of the public. The proposed rule, published in the Federal

Register of May 13, 1993 (58 FR 28381), offered a public hearing, if

requested, and announced a public comment period to end July 12, 1993.

Following several requests for a public hearing, a notice was published

in the Federal Register of June 28, 1993 (58 FR 34556) to announce a

hearing and extension of the comment period. The hearing was held July

15, 1993, at the Coastal Region Library in Crystal River and the

comment period was extended until July 30, 1993, to allow time for

written comments to be received following the hearing.

At the July 15, 1993, hearing, a clear majority of the verbal

comments and small minority of the written comments consisted of

statements opposing either Federal regulations on recreational use of

Kings Bay and the Crystal River National Wildlife Refuge in general,

and/or the procedures used to implement the sanctuaries. Few people at

the hearing addressed the sanctuary issue directly and there were

several misconceptions as to what the rule would include. Many

expressed a fear that future regulations would either eliminate or so

discourage recreational boating that the local economy would be

negatively impacted. Many speakers believed the preferences of local

citizens and local political representatives should have been given

more weight. Others feared that future regulations would include

closing of the refuge, including the main spring. Although nearly every

speaker expressed affection for, or at least acceptance of, manatees in

Kings Bay, many believed manatee protection areas should not be

implemented in Kings Bay if they interfered with their ``right'' to use

public waterways. A few people questioned the soundness of the decision

to increase manatee protection, although most also indicated they were

not aware of or had not read the research study reports. Many were not

aware that a public workshop had been held early in the process and

believed the final rule was already in effect. Although one person

suggested redrawing one corner of the Buzzard Island Sanctuary to avoid

funnelling boats into a narrow channel, none of the negative commenters

offered any alternative methods to protect manatees from harassment and

a few questioned whether there was any need.

Copies of the proposed rule were provided at the hearing to clear

up some commonly held misconceptions. For example, a petition of 230

legible signatures protested against ``the closing down of Kings Bay

for the Manatees for a period of 8 months per year.''Because the rule

would prohibit boats from only a small percentage of the bay (the total

sanctuary area comprises less than 10 percent of the bay and leaves all

the boating channels and the main spring open), and because the period

they would be in effect is only 4\1/2\ months each year, it is likely

these people had confused the dates of the seasonal county speed zone

regulations with the shorter sanctuary season. Others may have had the

same misconception.

Supportive comments were in the minority at the hearing but

constituted a large majority of written comments received. Unlike the

hearing, which mostly represented only Citrus County residents, two-

thirds of the written comments came from Florida residents outside

Citrus County. Five letters were received from people who spoke at the

hearing and wished to reiterate or clarify their point of view. One

comment came from out-of-state. Of all the comments received, 74

individuals and 12 state and national organizations, including national

and local chapters of the Audubon Society, Sierra Club, and the Humane

Society, specifically stated they support the sanctuaries. Many

supporters suggested additional manatee protection was needed. One-

third recommended a ban on night diving. Others recommended allowing

only passive observation of manatees. Some people favored expanding the

sanctuaries system further either by adding a sanctuary south of Warden

Key, extending the season to an earlier date, or creating corridors

between sanctuaries. Emphasis centered on the southern and eastern

parts of the bay where manatee aggregations are largest and most

consistent. Save the Manatee Club and the Citrus County-based Friends

of the Manatee proposed a time-sharing plan that prohibited public use

of the refuge (including the main spring) during extended cold periods

based on air and/or water temperatures. Friends of the Manatee also

recommended enlarging the Banana Island Sanctuary, implementing a boat-

free, swimming and diving area, and a diver-free manatee corridor

between sanctuaries. Both organizations also recommended a ban on night

diving and allowing only passive observation of manatees. There were

two recommendations for a permit system similar to that used in other

refuges to limit the number of divers using the refuge's main spring.

Many people on both sides of the sanctuary issue, expressed the

need for additional law enforcement effort to monitor not only the

sanctuaries, but the speed zones, and to prevent manatee harassment by

divers and snorklers. There was also a clear consensus that an

intensive public education campaign would play a key role in preventing

intentional and unintentional harassment of manatees. The Crystal River

Chamber of Commerce appealed to the audience that regardless of the

outcome of the sanctuary issue, government, conservation groups, and

citizens should work together to educate and inform the tens of

thousands of visitors who visit the area each year of how to interact

with manatees in a safe and appropriate manner.

Although, there were a number of general comments opposing Federal

regulation of recreational use of Kings Bay and the Crystal River

National Wildlife Refuge and procedures used to implement the

sanctuaries, very few people expressed specific concerns about the

sanctuaries.

After considering all the comments received, the Service concludes

that the additional sanctuaries are needed to accommodate the increase

in the number of manatees using the area each winter, and to offset

harassment from increasing public use and that no changes to the

proposed rule are necessary or warranted. Additional sanctuaries are

essential to insure adequate undisturbed natural areas in Kings Bay

where manatees meet their needs, including warm water, food and areas

for resting and socializing. The sanctuaries were carefully selected to

provide maximum benefits for manatees and minimum impact on human

recreational activities in Kings Bay.

The Crystal River National Wildlife Refuge in its 1993 Public Use

Management Plan addressed many of the concerns of those recommending

additional manatee protection around the main spring by (1) expanding

the Banana Island sanctuary to coincide with the refuge boundary while

establishing a ``swim only'' access corridor to the spring itself from

November 15 to March 31, (2) prohibiting accessing to the spring during

night hours from 7 p.m. to 7 a.m. during the winter, and (3)

coordinating commercial establishments catering to refuge visitors

through a special use permit system to ensure the consistency of

visitor educational and resource interpretation.

References Cited

Buckingham, C.A. 1989. Crystal River National Wildlife Refuge public

use survey report. Technical Report No. 37. Fla. Coop. Fish & Wildl.

Res. Unit. University of Florida, Gainesville. 61 pp.

Buckingham, C.A. 1990. Manatee response to boating activity in a

thermal refuge. MS Thesis. University of Florida, Gainesville, Fla.

84 pp.

Campbell, H.W., and A.B. Irvine. 1981. Manatee mortality during the

unusually cold winter of 1976-1977. pages 86-91 in R.L. Brownell,

Jr., and K. Ralls, eds. The West Indian manatee in Florida. Fla.

Dep. Nat. Resour., Tallahassee.

Irvine, A.B. 1983. Manatee metabolism and its influence on

distribution in Florida. Biol. Conserv. 25:315-334.

Kochman, H.I., G.B. Rathbun and J.A. Powell. 1985. Temporal and

spatial distribution of manatees in Kings Bay, Crystal River,

Florida. J. Wildl. Manage. 49(4):921-924.

Hartman, D.S. 1979. Ecology and behavior of the manatee (Trichechus

manatus) in Florida. Am. Soc. Mamm. Special Publ. No. 5. 153 pp.

Milon, W. In prep. Economic activity associated with recreational

diving in Kings Bay, Crystal River, Florida.

Powell, J.A. and G.B. Rathbun. 1984. Distribution and abundance of

manatees along the northern coast of the Gulf of Mexico. Northeast

Gulf Sci. 7:1-28.

Regulatory Flexibility Act and Executive Order 12866

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. These changes will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Based on

the information discussed in this final rulemaking, it is not expected

that significant economic impacts would result. Also, no direct costs,

enforcement costs, information collection, or recordkeeping

requirements are imposed on small entities by this final rulemaking.

Further, the final rule contains no recordkeeping requirements as

defined by the Paperwork Reduction Act of 1990.

National Environmental Policy Act

The Environmental Assessment prepared in conjunction with this rule

is on file in the Service's Jacksonville Field Office, 6620 Southpoint

Drive South, Suite 310, Jacksonville, Florida 32216. It may be examined

by appointment during regular business hours. This assessment forms the

basis for a decision that this is not a major Federal action which

would significantly affect the quality of the human environment within

the meaning of section 102(2)(C) of the National Environmental Policy

Act of 1969.

Author

The primary author of this final rule is Robert O. Turner, Manatee

Coordinator (see Addresses section above).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Subpart J of part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as follows:

1. The authority citation of 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 Sec. 17.108, List of designated manatee protection areas,

by revising paragraphs (a)(3), (a)(4), (a)(5), and (a)(6), removing

paragraph (a)(7), and revising the map at the end of this section to

read as follows:

Sec. 17.108 List of designated manatee protection areas.

(a) * * *

(3) A tract of submerged land, lying in Sections 21 and 28,

Township 18 South, Range 17 East in Citrus County, Florida, more

particularly described as follows: All of the submerged land lying

within the mean high water line of a canal bordering the western,

northern, and eastern sides of Paradise Isle Subdivision, as

recorded in Plat Book 3, Page 88 of the Public Records of Citrus

County, Florida; bounded at the western exit by a line drawn between

the southwestern corner of Lot 7 of said Paradise Isle Subdivision

and the southeastern corner of Lot 22 of Springs O'Paradise

Subdivision, Unit No. 3, as recorded in Plat Book 3, Page 70 of said

Public Records; and bounded at the eastern exit by an easterly

extension of the south boundary of said Paradise Isle Subdivision;

Containing 3.4 acres, more or less.

(4) A tract of submerged land, lying in Sections 28 and 29,

Township 18 South, Range 17 East in Citrus County, Florida, more

particularly described as follows: For a point of reference,

commence at the southwest corner of said Section 28; Then go N

06 deg.01'23'' W for 4466.90 feet to a 10-inch diameter concrete

monument marking the Point of Beginning; Then go N 10 deg.05'38'' W

for 477.32 feet to a 10-inch diameter concrete monument with an

attached buoy; Then go N 37 deg.34'41'' E for 651.07 feet to a 10-

inch diameter concrete monument with an attached buoy; Then go S

73 deg.26'46'' E for 634.10 feet to a 10-inch diameter concrete

monument with an attached buoy; Then go S 17 deg.50'16'' E for

1691.53 feet to a 10-inch diameter concrete monument with an

attached buoy; Then go S 71 deg.48'58'' W for 117.87 feet to a 10-

inch diameter concrete monument with an attached buoy; Then continue

S 71 deg.48'58'' W for 5 feet more or less to the mean high water

line of Buzzard Island; Then follow said mean high water line

northerly and westerly to a point lying S 10 deg.05'38'' E of the

point of beginning; Then go N 10 deg.05'38'' W for 5 feet more or

less to the point of beginning; Containing 18.0 acres, more or less.

(5) A tract of submerged land, lying in Section 28, Township 18

South, Range 17 East in Citrus County, Florida, more particularly

described as follows: For a point of reference, commence at the

southwest corner of said Section 28; Then go N 28 deg.55'06'' E for

2546.59 feet to a 4-inch diameter iron pipe marking the Point of

Beginning; Then go N 44 deg.23'41'' W for 282.45 feet to a 10-inch

diameter concrete monument with an attached buoy; Then go N

33 deg.53'16'' E for 764.07 feet to a 10-inch diameter concrete

monument with an attached buoy; Then go S 31 deg.51'55'' E for

333.22 feet to a 4-inch diameter iron pipe; Then continue S

31 deg.51'55'' E for 5 feet more or less to the mean high water line

of Banana Island; Then go westerly along said main high water line

to a point lying S 44 deg.23'41'' E from the point of beginning;

Then go N 44 deg.23'41'' W for 5 feet more or less to the point of

beginning; Containing 4.6 acres, more or less.

(6) A tract of submerged land, lying in Section 28, Township 18

South, Range 17 East in Citrus County, Florida, more particularly

described as follows: For a point of reference, commence at the

southwest corner of said Section 28; Then go N 06 deg.43'00'' E for

1477.54 feet to a 10-inch diameter concrete monument marking the

Point of Beginning; Then go N 06 deg.24'59'' W for 251.66 feet to a

10-inch diameter concrete monument with an attached buoy; Then go N

65 deg.41'12'' E for 637.83 feet to a 10-inch diameter concrete

monument with an attached buoy; Then go S 55 deg.40'52'' E for

272.86 feet to a 10-inch diameter concrete monument; Then continue S

65 deg.15'06'' W for 857.22 feet to the point of beginning;

Containing 4.0 acres, more or less.

* * * * *

BILLING CODE 4310-55-P

TR12MY94.006

BILLING CODE 4310-55-C

Dated: March 28, 1994.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-11343 Filed 5-11-94; 8:45 am]

BILLING CODE 4310-55-P