Federal Register Vol No Friday January Winter Protection

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					Federal Register / Vol. 58,No. 13 / Friday, January 22, 1993 / Rules and Regulations                       5643

                            DEPARTMENT OF THE INTERlOR                  headwaters of Crystal River is Kings
                                                                        Bay, a lake-like body of water fed by
                            Fist’ and WIldlife Service                  many freshwater springs. These spnngs,
                                                                        because of their year-round temperature
                            50 CFR Part 17                              of over 740 F, provide an essential
                            RUN 1018—AB74                               warm-water wintering area for West
                                                                        Indian manatees (Trichechus manatus),
                            Endangered and Threatened Wildlife          a federally listed endangered species.
                            and Plants; Emergency Rule To                  During cold weather, many of the
                            Establish Additional Manatee                manatees wintering in Kings Bay
                            Protection Areas In Kings Bay, Crystal      congregate in an area known as the main
                            River, Florida                              spring or Kings Spring, located just
                                                                        south of Banana Island. This location is
                        -   AGENCY: Fish and Wildlife Service,          also a favorite site for skin and scuba
                            Interior.                                   divers, who come to Kings Bay for the
                            ACTION: Emergency Rule.                     clear, calm conditions favorable for
                                                                        learning diving techniques, coupled
                            SUMMARY: This emergency rule, in            with the opportunity to “swim with the
                            conjunction with other required actions,    manatees”. Diver use of this area is
                            establishes, for the second year. three     especially heavy during the cold winter
                            additional manatee (Trichechus              months when diving is impractical
                            manatus) sanctuaries and expands an         through most of the northern states, and
                            existing sanctuary in Kings Bay, Crystal    when the opportunity for manatee
                            River, Florida. This action prohibits all   encounters is greatest.
                            waterborne activities and prevents the         The concurrent use of the main spring
                            “taking” of manatees by harassment          area by divers and manatees during cold
                            resulting from such activities in the       weather creates a problem for manatees.
                            protected areas during the winter           Manatees are shy, harmless creatures
                            months. The number of sanctuaries in        that are easily driven away from warm
                            Kings Bay is expanded from three (10.7      springs by human activity (Buck.ingham
                            acres) to six (39.0 acres) to               1990).
                            accommodate an increasing number of            A limited number of manatees (about
                            manatees using the area each winter.        15) used the springs in the 1970’s prior
                            and to offset the harassment from           to the establishment of the Banana
                            increasing public use. The emergency        Island Sanctuary. They seemed to
                            action provides protection for the          tolerate and even enjoy some human
                            manatees for 120 days. A proposed rule      contact. These “tame” manatees readily
                            to provide permanent sanctuaries will       approached divers and allowed
                            be published and will provide an            themselves to be petted and lightly
                            opportunity for public comment. This        scratched (Hartman 1979, Powell and
                            action is taken under the authority of      Rathbun 1984). By 1980, when the first
                            the Endangered Species Act of 1973, as      permanent manatee sanctuaries were
                            amended, and the Marine Mammal              established, the number of manatees
                            Protection Act of 1972.                     wintering in the bay had increased to
                              In accordance with 50 CFR 17.106,         just over 100. This increase was greater
                            the effective date for this action was      than could be accounted for by
                            established through a legal notice          reproduction, so it was apparent that
                            published in the “Citrus County             some manatees were immigrating from
                            Chronical” on November 14, 1992.            other areas (Powell and Rathbun 1984).
                            EFFECTIVE DATE: November 15, 1992           The number of manatees that chose to
                            through March 15, 1993.                     interact with the public increased only
                            ADDRESSES: The complete file for this       slightly.
                            rule is available for inspection, by           Manatee use of Kings Bay now
                                                                        exceeds 240 animals (FWS unpublished
                            appointment, during normal business
                            hours at the Jacksonville Field Office,     data), A majority of manatees currently
                            U.S. Fish and Wildlife Service, 3100        using the spring do not tolerate close
                                                                        human contact, and leave the warmer
                            University Blvd. South, suite 120,
                            Jacksonville, Florida 32216.                spring waters when humans approach
                                                                        too closely. They disproportionately
                            FOR FURTHER INFORMATION CONTACT:            spend their time in the existing
                            Robert 0. Turner at above address (902/     sanctuaries regardless of weather
                            232—2580) or Vance Eaddy, Senior            conditions, in direct relationship to the
                            Resident Agent, U.S. Fish and Wildlife      number of boats present (Buckingham
                            Service, 9721 Executive Center Dr., suite   1990).
                            206, St. Petersburg, Florida 33702, 813/       Efforts have been made to make
                            893—3651.                                   divers. snorkelers, and boaters aware of
                            SUPPLEMENTARY INFORMATION: Crystal          the manatee harassment problem.
                            River is a short tidal river on the west    Visitors have been instructed through
                            coast of Florida. Forming the               posters, brochures, and dive shop
~C44         Federal Register I Vol. 58, No. 13 / Friday, January 22, 1993 / Rules and Regulations

personnel that they should not              and resting area in fairly warm water.         carefully selected to avoid excluding
aggressively pursue manatees or drive       The Magnolia Springs sanctuary is              divers from their favorite sites. The
them from the springs. As a group, most     located in a canal development adjacent        Service believes that, given these added
people have been very cooperative in        to Kings Bay and contains a smaller            refugia, manatees will not be forced to
this regard. Though most                    spring. The number of manatees using           leave the warm water necessary for their
conscientiously try to avoid harassing      Kings Bay has increased from 100 in            survival and will be able to feed, rest,
manatees, they seek the animals out and     1980 to 246 in 1990. Although it might         and socialize without being harassed.
approach them to observe them and a         appear from the increasing numbers of
few consistently pet them. Although a       manatees that additional protection is         Reasons for Emergency Determination
few manatees tolerate and occasionally      not needed, this is not the case.                 In deciding to implement this rule,
invite attention, most manatees appear      Manatees are losing habitat elsewhere,         the Service has carefully assessed the
to find the situation intolerable, and      and Kings Bay is becoming more and             best scientific and commercial
they alter their behavior accordingly. At   more essential as one of the last natural      information available regarding the past,
times, the sheer number of humans           ~      water areas with abundant food          present, and future threats faced by this
concentrated in a relatively confined       resources. Additional sanctuaries are          species. Based on this evaluation, the
area forces all the manatees to seek less   essential to insure adequate undisturbed       preferred action is to establish
disturbing conditions.                      natural areas in Kings Bay where               additional sanctuaries in Kings Bay,
   The largest numbers of manatees are      manatees may meet most of their needs,         Crystal River, Florida on an emergency
found at the main spring at night or        including warm water, food, and areas          basis. Since the number of manatees
during the early morning. After sunrise,    for resting and socializing.                   using the area has more than doubled in
when the divers begin arriving at the          The economic importance of Kings            the last 10 years, and since there has
spring, those manatees least able to        Bay, and especially the main spring, to        been a large increase in the number of
tolerate human crowding begin leaving       Crystal River and Citrus County centers        visitors, the existing sanctuaries are
the spring. As greater numbers of divers    around the sports or SCUBA diving,             insufficient to shelter the current
arrive, more manatees leave (FWS            snorkeling, and boating. The area is           manatee population. Without sufficient
unpublished data). On days when the         internationally known as a desirable           space, food, rest, and freedom from
temperatures of the surrounding waters      location for winter diving. The presence       harassment, a significant proportion of
are not excessively cold, this may not be   of manatees creates a special attraction       the remaining population of Florida
critical, although it still alters the      which dive shop owners exploit by              manatees could be at considerable risk
manatee’s natural behavior. On days         advertising their facilities as a place        if upcoming cold temperatures confine
when surrounding water temperatures         where one can, “swim with the                  them to Kings Bay for any length of
are below 68 °F,manatees may begin to       manatees”. The tourism industry                time. To protect manatees until the
show some signs of cold water stress        created by divers coming to Crystal            Proposed Rule and Final Rule are
such as reduced metabolic rate and          River is significant and total sales at five   completed, the Service believes it is
cessation of feeding. If cold stress        dive shops and three motels more than          critical to establish additional manatee
continues long enough, manatees will        doubled between 1980 and 1986, with            sanctuaries on an emergency basis.
die.                                        the “manatee season” accounting for 28            The authority to establish emergency
 - Research shows that the presence of      to 53 percent of their sales for the entire    manatee protection areas is provided by
waterborne users causes manatees to         year (Muon in prep.). Due in part to           the Endangered Species Act of 1973, as
leave the spring heads in favor of the      national publicity manatees have               amended, and the Marine Mammal
protected sanctuaries regardless of         recently received, the number of divers        Protection Act, and is codified at 50
weather conditions. On days when there      visiting Kings Bay increased to about          CFR, Part 17, Subpart J. Under these
is low diver turnout, a greater             60,000—80,000 in the winter of 1990—91,        regulations the Director may establish,
proportion of manatees remain in the        double the number in 1980 (FWS                 manatee protection areas whenever
springs (Buckingham 1990).                  unpublished data). This rapid increase         there is substantial evidence of
Observations of other wintering areas,      in popularity is likely to continue,           imminent danger ofa taking (including
such as Blue Spring State Park, show        significantly affecting manatees.              harassment) of one or more manatees,
that, left to their own devices, most          The Service intends to provide              and when such establishment is
manatees will remain in warm water          manatees needed winter protection              necessary to prevent such a taking.
throughout the day during cold weather      without adversely affecting diving and            The sanctuary addition at Magnolia
periods. Activities that cause manatees     other waterborne activities so important       Springs in Paradise Isle expands the
to leave can, therefore, be considered      to Crystal River. Aerial survey data           current Magnolia Springs Sanctuary by
“harassment” which interferes with          available on manatee distribution              1.7 acres. This short, horseshoe-shaped
normal “sheltering” habits of the           within Kings Bay suggest that                  section of canal joins Kings Bay and is
animal. Harassment is a violation of        strategically placed manatee sanctuaries       fed by auxiliary springs. The sanctuary
both the Endangered Species Act, as         could provide manatees warm water              will provide good protection for a small
amended, and the Marine Mammal              refugia and feeding and resting areas          number of manatees which currently
Protection Act.                             free from harassment without causing a         use the area for giving birth, resting, and
   Currently. manatees are able to escape   major disruption of current recreational       as a warm water refuge.
divers, swimmers, and boaters by            patterns (Kochman et al. 1985,                    The sanctuary on the north and east
moving into three sanctuaries               Buckingham 1990).                              sides of Buzzard Island creates an 18.0-
established in 1980—Banana Island,             Therefore, the Service is creating          acre sanctuary along the northwestern
Sunset Shores, and Magnolia Springs.        additional sanctuaries in Kings Bay to         edge and down the length of the east
The Banana Island sanctuary is located      provide manatees relatively undisturbed        side of Buzzard Island. This sanctuary is
near the main spring, Kings Spring. and     habitat during the cold weather months.        primarily used by manatees as a feeding
is relatively warm in relation to           These sanctuaries exclude all                  area, since it has limited warm water
surrounding waters. Sunset Shores           waterborne activities by humans from           input but contains abundant vegetation.
sanctuary is still within the southern      November 15 through March 31. The                 The sanctuary at Tarpon Springs
part of the bay and provides a feeding      chosen sanctuary areas have been               creates a 4.6-acre sanctuary along the
             Federal Register / Vol. 58, No. 13 / Friday, January 22, 1993 / Rules and Regulations                              5645

northwestern side of Banana Island. It         List of Subjects in 50 CFR Part 17           diameter concrete monument with an
contains a small spring and is used as           Endangered and threatened species,         attached buoy; Then go S 710 48’ 58” W
a warm water, feeding, and resting area.       Exports, Imports, Reporting and              for 117.87 feet to a 10-inch diameter
   The 4.0-acre sanctuary on the north         recordkeeping requirements, and              concrete monument with an attached
side of Warden Key is used primarily as        Transportation.                              buoy; Then continue S 71°48’ 58” W for
a feeding area.                                                                             5 feet more or less to the mean high
   A standard survey of the sanctuary          Regulation Promulgation                      water line of Buzzard Island; Then
areas has been performed. All of the           PART 17—[AMENDEDJ                            follow said mean high water line
sanctuary areas are delineated with                                                         northerly and westerly to a point lying
buoys.                                            Subpart J of part 17, subchapter B of     S 10°05’ 38” E ofthe point of the
                                               chapter!, title 50 of the Code of Federal beginning; Then go N 10°05’ 38” W for
Public Comments Solicited                      Regulations, is amended as set forth         5 feet more or less to the point of
  The service intends that any final           below:                                       beginning; Containing 18.0 acres, more
action be as effective as possible.               1. The authority citation of part 17      or less.
Therefore, the opportunity for the             continues to read as follows:
public, other concerned governmental             Authority: 16 U.S.C. 1361—1407; 16 U.S.C.      (5) A tract of submerged land, lying in
agencies, the scientific community,            1531—1544; 16 U.S.C. 4201—4245; Pub. L. 99— Section 28, Township 18 South, Range
industry, or any other interested party to     625, 100 Stat. 3500; unless otherwise noted. 17 East in Citrus County, Florida, more
provide comments or suggestions                   2. Section 17.108 is amended by           particularly described as follows: For a
concerning the rule will be solicited in       revising paragraph (a)(3), adding            point of reference, commence at the
conjunction with the proposed rule.            paragraphs (a)(4), (a)(5), and (a)(6), and   southwest corner of said Section 28;
  Final promulgation ofthe rule will           revising the map at the end of this          Then go N 28°55’ 06” F for 2546.59 feet
take into consideration all comments           section to read as follows:                  to a 4-inch diameter iron pipe marking
and any additional information received                                                     the POINT OF BEGINNING; Then go N
by the Service.                                § 17.108 Ust of designated manatee           440   23’ 41” W for 282.45 feet to a 10-
                                               protection areas,                            inch diameter concrete monument with
National Environmental Policy Act                 (a) * * *                                 an attached buoy; Then go N 33°53’ 16”
   An Environmental Assessment has                (3) A tract of submerged land, lying in E for 764.07 feet to a 10-inch diameter
been prepared in conjunction with this         Sections 21 and 28, Township 18 South,
rule. It is on file in the Service’s           Range 17 East in Citrus County, Florida, concrete monument with an attached
                                                                                            buoy; Then go S 31°51’ 55” E for 333.22
Jacksonville Field Office, 3100                more particularly described as follows:
                                               All of the submerged land lying within       feet to a 4-inch diameter iron pipe; Then
University Blvd. South, suite 120,
Jacksonville, Florida 32216 and may be         the mean high water line of a canal          continue S 31°51’ 55” E for 5 feet more
examined by appointment during                 bordering the western, northern, and         or less to the mean high water line of
regular business hours. This assessment        eastern sides of Paradise Isle               Banana Island; Then go westerly along
forms the basis for a decision that this       Subdivision, as recorded in Plat Book 3, said mean high water line to a point
is not a major Federal action which            Page 88 of the Public Records of Citrus      lying S 44°23’ 41” F from the point of
would significantly affect the quality of      County, Florida; bounded at the western beginning; Then go N 44°23’ 41” W for
the human environment within the               exit by a line drawn between the             5 feet more or less to the point of
meaning of section 102(2)(C) of the            southwestern corner of Lot 7 of said         beginning; Containing 4.6 acres, more or
National Environmental Policy Act of           Paradise Isle Subdivision and the            less.
 1969.                                         southeastern corner of Lot 22 of Springs         (6) A tract of submerged land, lying in
                                               O’Paradise Subdivision, Unit No. 3, as       Section 28, Township 18 South, Range
References Cited
                                               recorded in Plat Book 3, Page 70 of said     17 East in Citrus County, Florida, more
   Buckingham, C.A. 1990. Manatee response     Public Records; and bounded at the
to boating activity in a thermal refuge. MS                                                 particularly described as follows: For a
                                               eastern exit by an easterly extension of     point of reference, commence at the
Thesis. University of Florida, Gainesville,    the south boundary of said Paradise Isle southwest corner of said Section 28;
Fla.                                           Subdivision; Containing 3.4 acres, more
   Kochman, HI., G.B. Rathbun, and J.A.                                                     Then go N 06°43’ 00” E for 1477.54 feet
Powell. 1985. Temporal and spatial             or less.
                                                  (4) A tract ofsubmerged land, lying in
                                                                                            to a 10-inch diameter concrete
distribution of manatees in Kings Bay,
Crystal River, Florida, J. Wildl. Manage.      Sections 28 and 29, Township 18 South, monument marking the POINT OF
49(4):921—924.                                 Range 17 East in Citrus County, Florida, BEGINNING; Then go N 06°24’ 59” W
   Hartman, D.S. 1979. Ecology and behavior    more particularly described as follows:      for 251.66 feet to a 10-inch diameter
of the manatee (Trichechus manatus) in         For a point of reference, commence at        concrete monument with an attached
Florida. Am. Soc. Mamm, Special Publ. No.      the southwest corner of said Section 28; buoy; Then go N 65°41’ 12” E for 637.83
5. 153 pp.                                     Then go N 06°01’ 23” W for 4466.90           feet to a 10-inch diameter concrete
   Milton, W. In prep. Economic activity       feet to a 10-inch diameter concrete          monument with an attached buoy; Then
associated with recreational diving in Kings   monument marking the POINT OF                go S 55°40’ 52” E for 272.86 feet to a
Bay, Crystal River, Florida.
   Powell, J.A., and G.B. Rathbun, 1984.       BEGINNING; Then go N 10°05’ 38” W            10-inch diameter concrete monument;
Distribution and abundance of manatees         for 477.32 feet to a 10-inch diameter        Then continue S 65°15’ 06” W for
along the northern coast of the Gulf of        concrete monument with an attached           857.22 feet to the point of beginning;
Mexico. Northeast Gulf Sci. 7:1—28.            buoy; Then goN 37°34’ 41”E for 651,07 containing 4.0 acres, more or less.
                                               feet to a 10-inch diameter concrete           *      *     *      *   *
                                               monument with an attached buoy; Then
                                                                                            BlUiNG CODE 4310-66.-M
  The primary author of this emergency         go S 73°26’ 46” E for 634.10 feet to a
rule is Robert 0. Turner, Manatee               10-inch diameter concrete monument
Coordinator (see Addresses section             with an attached buoy; Then go S 17°
above).                                        50’ 16” E for 1691.53 feet to a 10-inch





BlUiNG COOE 4310-5-C
              Federal Register / Vol. 58, No. 13 / Friday, January 22, 1993 / Rules and Regulations   564’

  Dated: January 7, 1993.
Richard N. Smith,                            .~

DeputyDira’ctor Fish arid ~4iJdiifrService   “°~       ~

FR Doc. 93—1371 Filed 1—21—93; 8:45 arnj           .

BIWNO COOC 4310-as-N

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Description: Federal Register Vol No Friday January Winter Protection