[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-11343] [[Page Unknown]] [Federal Register: May 12, 1994] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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