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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE47

Endangered and Threatened Wildlife and Plants; Proposed Rule To

Establish an Additional Manatee Sanctuary in Kings Bay, Crystal River,

FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to establish an additional West Indian

manatee (Trichecus manatus) sanctuary in Citrus County, Florida,

adjacent to Kings Bay/Crystal River at the confluence of the Three

Sisters Spring run with a residential canal. All waterborne activities

in the sanctuary would be prohibited from November 15 through March 31

of each year. The proposed action would help prevent the taking of

manatees by harassment resulting from waterborne activities during the

winter months. The number of sanctuaries in Kings Bay would be

increased to seven to accommodate the increase in the number of

manatees using the area each winter and to offset harassment from

increasing public use. Due to insufficient time to complete

preparations for establishing a permanent sanctuary before cold weather

arrives, an emergency rule is published elsewhere in today's Federal

Register to provide the manatee with immediate protection for a period

of 120 days. This action is proposed under the authority of the

Endangered Species Act of 1973, as amended, and the Marine Mammal

Protection Act of 1972, as amended.

DATES: Comments from all interested parties must be received by January

26, 1998. If requested, a public hearing will be held for the purpose

of receiving comments on the permanent establishment of an additional

manatee sanctuary at Kings Bay, Crystal River, Florida.

ADDRESSES: Written comments and materials should be sent to Manatee

Coordinator, U.S. Fish and Wildlife Service, 6620 Southpoint Drive

South, Suite 310, Jacksonville, Florida 32216-0912.

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

(904/232-2580 ext.117); or Vance Eaddy, Senior Resident Agent, U.S.

Fish and Wildlife Service, 9721 Executive Center Drive, Suite 206, St.

Petersburg, Florida 33702, (813/570-5398)

[[Page 63063]]

SUPPLEMENTARY INFORMATION:

Background

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

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

of water fed by numerous freshwater springs. The Kings Bay springs

constitute one of the most important natural warm-water refuges for

manatees, a federally listed endangered species. More than 250 animals

may seek refuge in the bay's warm waters during winter cold periods.

With the winter presence of manatees and its sheltered, warm and clear

waters, Kings Bay also attracts large numbers of waterborne users

(boaters, recreational divers, snorkelers, and swimmers) most of whom

seek out manatees for a close viewing experience. The influx of

visitors, primarily there to see and interact with manatees, provides a

major economic impact to the Crystal River community.

Large aggregations of manatees apparently did not exist in Kings

Bay until recent times (Beeler and O'Shea 1988). The first careful

counts were made in the late 1960's. Since then manatee numbers have

increased significantly. In 1967-1968 Hartman (1979) counted 38

animals. By 1981-1982, the maximum winter count increased to 114

animals (Powell and Rathbun 1984), and in December 1994 the count was

271 (U.S. Fish and Wildlife Service, unpublished data). Both births and

immigration of animals from other areas have contributed to the

increases in manatee numbers at Crystal River.

The Second Revision of the Florida Manatee Recovery Plan (U.S. Fish

and Wildlife Service 1995) identifies the need to minimize disturbance

and harassment of manatees in the wild. This concern for the welfare of

manatees in Kings Bay has resulted in the establishment of a series of

sanctuary areas to protect manatees from any potential negative impacts

of human activities. The first three sanctuaries were created in 1980,

encompassing a total of about 10 acres in Kings Bay. These were closed

to all human access each winter from November 15 to March 31 and

provided manatees with areas where they could retreat from waterborne

users. To better administer and protect the bay's manatee habitat, the

Service purchased several islands associated with the sanctuaries in

1983 and established the Crystal River National Wildlife Refuge. During

the 1980's, the number of manatees and divers increased steadily,

resulting in the need for additional manatee sanctuaries. In 1994, the

Service established three additional sanctuaries and expanded an

existing sanctuary. The six sanctuaries now encompass approximately 39

acres within Kings Bay.

The Kings Bay manatee sanctuary system provides significant

protection to the more than 250 manatees that use this area as a winter

warm-water refuge. With the increasing number of manatees using Kings

Bay and an increasing number of recreational divers and snorkelers

coming to Crystal River to seek close encounters with manatees, another

problem area outside the existing sanctuary system has been identified.

Since the establishment of the three most recent sanctuaries,

reports of waterborne users harassing manatees and causing manatees to

leave the Three Sisters Spring run area has been documented by

researchers, refuge staff and concerned citizens. The Save the Manatee

Club and the Marine Mammal Commission have urged the Service to act to

protect manatees utilizing the Three Sisters Spring run area. Dive shop

operators have acknowledged that there is a manatee harassment problem

in the area of the proposed sanctuary.

Prior to last winter, the Service and local interest groups met

separately with local dive shop owners to discuss the harassment issue

and the feasibility of establishing a new sanctuary. There was a

consensus that a sanctuary was needed and that it would be more

effective if it was developed through a local city or county ordinance.

Representatives of each of the local dive shops wrote letters

recognizing the need for a small sanctuary near Three Sisters Spring

and recommended that the regulations be promulgated locally. Local

efforts have been made to address the problem and the Service will

continue to encourage local officials to create a permanent refuge.

However, in conjunction with the emergency rule published elsewhere in

today's Federal Register, regulations at 50 CFR 17.106(e) require the

Service to also commence with the establishment of the sanctuary

through publication of a proposed rule.

The Service funded a manatee and human interaction study at Three

Sisters Spring (January 23-February 17, 1997) which confirmed that

harassment was occurring and documented instances in which manatees

left the warm waters at the confluence of the spring run and the

residential canal when divers, snorkelers and/or swimmers arrived

(Wooding, 1997). The Service is concerned that these animals may be

leaving earlier than if they were left undisturbed.

Reasons for Determination

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

Register.

National Environmental Policy Act

The Service has determined this action qualifies as a categorical

exclusion in accordance with 516 DM 2, Appendix 1 and 516 DM 5,

Appendix 1. No further National Environmental Policy Act documentation

will therefore be made.

Required Determinations

This proposed rule was not subject to Office of Management and

Budget review under Executive Order 12866. The rule will not have a

significant economic effect on a substantial number of small entities

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

previous establishment of sanctuaries in Kings Bay, Crystal River, did

not result in a significant economic impact. Thus it is not expected

that any significant impacts would result from the establishment of a

sanctuary (less than one quarter acre in size) at the Three Sisters

Spring. Also, no direct costs, enforcement costs, information

collection, or record-keeping requirements are imposed on small

entities by this action and the rule contains no information collection

requirements under the Paperwork Reduction Act of 1995. This rule does

not require a Federalism assessment under Executive Order 12612 because

it would not have any significant federalism effects as described in

the order.

References Cited

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

Register.

Author: The primary author of this proposed rule is Robert O.

Turner, Manatee Coordinator (see ADDRESSES section).

Authority

The authority to establish manatee protection areas is provided by

the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et

seq.), and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-

1407), as amended.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, the Service proposes to amend part 17, subchapter B of

chapter

[[Page 63064]]

I, title 50 of the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend section 17.108 by adding paragraph (a)(7) to read as

follows:

Sec. 17.108 List of designated manatee protection areas.

(a) * * *

(7) A tract of submerged land on the west side of the confluence

of Three Sisters Spring run and the residential canal off the

eastern shore of Kings Bay, Crystal River, lying in the northeast

corner of Section 28, Township 18, South Range 17 East in Citrus

County, Florida; containing less than one quarter acre.

* * * * *

Dated: November 20, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97-31108 Filed 11-21-97; 3:41 pm]

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