[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Rules and Regulations]
[Pages 63036-63038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31107]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE47
Endangered and Threatened Wildlife and Plants; Emergency Rule To
Establish an Additional Manatee Sanctuary in Kings Bay, Crystal River,
FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Emergency rule.
-----------------------------------------------------------------------
SUMMARY: This emergency rule establishes 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, and prohibits all
waterborne activities in the sanctuary for a period of 120 days. This
emergency action will help prevent the taking of manatees by harassment
resulting from waterborne activities during upcoming winter months.
This increases the number of sanctuaries in Kings Bay to seven and has
been initiated to prevent harassment from increasing public use at this
site. A proposed rule to establish this sanctuary is published
elsewhere in today's Federal Register. The proposed rule provides for
public comment and a hearing (if requested). The emergency action is
effective for 120 days and is taken under the authority of the
Endangered Species Act of 1973, as amended, and the Marine Mammal
Protection Act of 1972, as amended.
DATES: Effective November 24, 1997, through March 23, 1998, unless
terminated sooner by publication in the Federal Register. In accordance
with 50 CFR 17.106, the effective date for this action was established
through a legal notice published in the St. Petersburg Times, Citrus
County Edition and the Citrus County Chronicle on November 24, 1997.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Jacksonville Field
Office, 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).
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
[[Page 63037]]
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, the Service is taking this interim measure to protect
manatees, already beginning to seek the warmer waters of Kings Bay
springs, from harassment.
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 Emergency Determination
In deciding to implement this rule, the Service has carefully
assessed the best available information, and conducted a study to
evaluate manatee and human interactions at Three Sisters Spring. The
study clearly documented a manatee harassment problem at the site. With
more than 250 manatees utilizing the sanctuary system along with an
increasing number of visitors who seek close encounters with manatees,
manatees are experiencing more frequent disturbance at Three Sisters
Spring. Without sufficient space to rest, free from harassment, a
significant proportion of the manatees depending upon the Kings Bay
springs could be at considerable risk should they be driven away from
essential warm-water areas. Based on this evaluation, the preferred
appropriate action is to establish an additional sanctuary at the
confluence of the Three Sisters Spring run and a residential canal in
Kings Bay, Crystal River, Citrus County, Florida. At present, there is
currently insufficient time to complete preparations for implementing a
permanent sanctuary before cold weather arrives. Therefore, the Service
is establishing a seventh manatee sanctuary on an emergency basis to
provide maximum protection for manatees until a permanent sanctuary is
put in place, either by a local ordinance or by final rule by the
Service.
The authority to establish emergency manatee protection areas is
provided by the Endangered Species Act and the Marine Mammal Protection
Act, and is codified in 50 CFR, part 17, subpart J. Under subpart J,
the Director may establish, by regulation, manatee protection areas
whenever 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.
The emergency sanctuary is located on the west side of the
confluence of Three Sisters Spring run and the residential canal, Kings
Bay, Crystal River, Citrus County, Florida. The sanctuary will be less
than one quarter acre in size.
References Cited
Beeler, E.I. and T.J. O'Shea. 1988. Distribution and mortality of
the West Indian manatee (Trichechus manatus) in southeastern United
States: a compilation and review of recent information. Prepared by
the Fish and Wildlife Service for the U.S. Army Corps of Engineers.
U.S. Natl. Tech. Info. Serv., Springfield, Virginia PB 88-207 980/
AS. 613.
Hartman, D.S. 1979. Ecology and behavior of the manatee (Trichechus
manatus) in Florida. Am. Soc. Mamm. Spec. Pub. No. 5. 153 pp.
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. 7:1-2.
Wooding, J. 1997. An assessment of manatee behavior relative to
interactions with humans at Three Sisters Spring, Crystal River,
Florida. A report submitted to the U.S. Fish and Wildlife Service,
Jacksonville, Florida. 65 pp.
U.S. Fish and Wildlife Service. 1995. Florida Manatee Recovery Plan
Second Revision. U.S. Fish and Wildlife Service, Atlanta, Georgia.
160 pp.
Author. The primary author of this emergency 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 amends part 17, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend 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
[[Page 63038]]
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. 97-31107 Filed 11-21-97; 3:41 pm]
BILLING CODE 4310-55-P