[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36493-36508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15603]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2010-0079; 92220-1113-0000-C3]
RIN 1018-AX27


Endangered and Threatened Wildlife and Plants; Proposed Rule To 
Establish a Manatee Refuge in Kings Bay, Citrus County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of supplemental information.

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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to establish a 
manatee refuge in Citrus County, Florida, in the waters of Kings Bay, 
including its tributaries and connected waters. We propose this action 
based on our determination that there is substantial evidence showing 
that certain waterborne activities would result in the taking of one or 
more manatees and that certain waterborne activities must be restricted 
to prevent the taking of one or more manatees in Kings Bay. We 
considered the biological needs of the manatee, the level of take at 
these sites, and the likelihood of additional take of manatees due to 
human activity at these sites in proposing this manatee refuge. These 
factors were the basis for establishing this area as a manatee refuge 
by a temporary emergency rule on November 9, 2010, which expired on 
March 15, 2011. We announced in the emergency rule that we would begin 
proceedings to establish this area as a manatee refuge. This proposed 
rule is part of that process. We also announce the availability of a 
draft environmental assessment for this action.

DATES: We will consider any comments on both the proposed rule and the 
draft environmental assessment that are received by the close of 
business on August 22, 2011 or at the public hearing. We will hold a 
public informational open house from 5:30 p.m. to 6:30 p.m., followed 
by a public hearing from 7 p.m. to 9 p.m., on July 7, 2011, at the 
location identified in the ADDRESSES section.

ADDRESSES: Written comments: You may submit comments on the proposed 
rule and draft environmental assessment (EA) by one of the following 
methods:
     Electronically: Go to the Federal eRulemanking Portal: 
http://www.regulations.gov. In the Enter Keyword or ID box, enter FWS-
R4-ES-2010-0079, which is the docket number for this rulemaking. Then, 
in the Search panel at the top of the screen, under the Document Type 
heading, check the box next to Proposed Rules to locate this document. 
You may submit a comment by clicking on ``Submit Comments''
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2010-0079; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite MS 2042-PDM; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all information 
received on http://www.regulations.gov. This generally means that we 
will post any personal information you provide to us (see the Public 
Comments Solicited section below for more details).
    Copies of Documents: The proposed rule and draft EA are available 
by the following methods. In addition, comments and materials we 
receive, as well as supporting documentation used in preparing this 
proposed rule will be available for public inspection:
    (1) You can view them on http://www.regulations.gov. Go to the 
Federal eRulemaking Portal: http://

[[Page 36494]]

www.regulations.gov. In the Keyword box, enter Docket No. [FWS-R4-ES-
2010-0079], which is the docket number for this rulemaking. Then, in 
the Search panel on the left side of the screen, under the Document 
Type heading, click on the Proposed Rules link to locate this document.
    (2) You can make an appointment, during normal business hours, to 
view the documents, comments, and materials in person at the U.S. Fish 
and Wildlife Service, North Florida Ecological Services Office, 7915 
Baymeadows Way, Suite 200, Jacksonville, Florida 32256; by telephone 
(904/731-3336); by facsimile (904/731-3045). If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.
    Public Hearing: We will hold a public hearing at the following 
location: College of Central Florida--Citrus Campus, CF Conference 
Center, 3800 S. Lecanto Hwy., Lecanto, FL 34461-9026 on July 7, 2011 
(see Public Hearing section). Comments will be accepted orally or in 
writing at the public hearing.

FOR FURTHER INFORMATION CONTACT: Jim Valade, U.S. Fish and Wildlife 
Service, North Florida Ecological Services Office, 7915 Baymeadows Way, 
Suite 200, Jacksonville, Florida 32256; by telephone (904/731-3336); by 
facsimile (904/731-3045); by e-mail: [email protected]; or on-line at 
http://www.fws.gov/northflorida. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    To ensure that any final action resulting from this proposed rule 
will be as accurate and as effective as possible, we request that you 
send relevant information for our consideration. We request information 
from the public, government agencies, Native American Tribes, the 
scientific community, industry, and any other interested parties. 
Please make your comments as specific as possible and explain the basis 
for them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you reference or provide. In particular, we seek comments concerning 
the following:
    1. The reasons why this area should or should not be designated as 
a manatee refuge, including information that supports the need for any 
changes to the proposed manatee refuge;
    2. Current or planned activities in the subject area and their 
possible effects on manatees;
    3. Any foreseeable economic or other impacts resulting from the 
proposed designation;
    4. Any substantive information on real or potential effects of the 
proposed manatee refuge on manatees; and
    5. Any actions that could be considered in lieu of, or in 
conjunction with, the proposed designation that would provide 
equivalent protection to the manatee against the threat of take.
    Prior to issuing a final rule on this proposed action and 
determining whether to prepare a finding of no significant impact or an 
Environmental Impact Statement, we will take into consideration 
comments and additional information we receive. Such information may 
lead to a final rule that differs from this proposal. All comments and 
recommendations, including names and addresses, will become part of the 
administrative record for the final rule.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a final decision, as the Endangered Species Act, the Marine 
Mammal Protection Act, and our implementing regulations direct that 
decisions be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your information concerning this proposal by one of 
the methods listed in the ADDRESSES section. We will not consider 
submissions sent by e-mail or fax or to an address not listed in the 
ADDRESSES section.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this personal identifying 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post hardcopy submissions on http://www.regulations.gov. Please note that comments submitted to this Web 
site are not immediately viewable. When you submit a comment, the 
system receives it immediately. However, the comment will not be 
publicly viewable until we post it, which might not occur until several 
days after submission.
    Information and materials we receive, as well as supporting 
documentation we used in preparing this rule, will be available for 
public inspection on http://www.regulations.gov, or by appointment 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Jacksonville Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT section).

Peer Review

    In accordance with our policy on peer review, published on July 1, 
1994 (59 FR 34270), we will provide copies of this proposed rule to 
three or more appropriate and independent specialists in order to 
solicit comments on the scientific data and assumptions underlying this 
proposed establishment of a manatee refuge. The purpose of such review 
is to ensure that the proposed rule is based on the best scientific 
information available. We will invite these peer reviewers to comment 
during the public comment period and will consider their comments and 
information on this proposed rule during preparation of a final 
determination.
    We will consider all comments and information received from peer 
reviewers and other commenters during the 60-day comment period on this 
proposed rule in preparing a final rulemaking. Accordingly, the final 
decision may differ from this proposal.

Public Hearing

    We have scheduled a formal public hearing to afford the general 
public and all interested parties with an opportunity to make formal 
oral comments on the proposed Federal manatee protection area.
    We will hold the public hearing at the location listed in ADDRESSES 
on the date listed in DATES. The public hearing will last from 7 p.m. 
to 9 p.m. We will hold a public informational open house prior to the 
hearing from 5:30 p.m. to 6:30 p.m. to provide an additional 
opportunity for the public to gain information and ask questions about 
the proposed rule. This open house session should assist interested 
parties in preparing substantive comments on the proposed rule.
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearing should contact Chuck Underwood of the 
Jacksonville Field Office at 904-731-3332 or via e-mail to 
[email protected], as soon as possible. In order to allow sufficient time 
to process requests, please contact us for assistance no later than one 
week before the hearing.

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    Written comments submitted during the comment period receive equal 
consideration with comments presented at a public hearing. All comments 
we receive at the public hearing, both verbal and written, will be 
considered in making our final decision.

Background

Previous Federal Actions

    The West Indian manatee (Trichechus manatus) was listed as an 
endangered species on June 2, 1970 (35 FR 8491) under the Endangered 
Species Conservation Act of 1969 and this status was retained under the 
Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et 
seq.), and the population is further protected as a depleted stock 
under the Marine Mammal Protection Act of 1972, as amended (MMPA) (16 
U.S.C. 1361 et seq.). On October 22, 1979, the U.S. Fish and Wildlife 
Service (Service) adopted a regulatory process to provide a means for 
establishing manatee protection areas in waters under the jurisdiction 
of the United States where manatees were taken by waterborne activities 
(44 FR 60964). The first manatee protection areas were designated in 
Kings Bay on November 12, 1980, for the purpose of preventing the take 
of manatees by harassment from waterborne activities and included the 
Banana Island Sanctuary, the Sunset Shores Sanctuary, and the Magnolia 
Springs Sanctuary (45 FR 74880). The Service subsequently designated 
four additional manatee protection areas in Kings Bay on June 13, 1994 
and on October 16, 1998 (including the Buzzard Island Sanctuary, a 
sanctuary located along the north shore of Banana Island, the Warden 
Key Sanctuary, and the Three Sisters Springs Sanctuary, respectively) 
(59 FR 24654, and 63 FR 55553). To prevent the imminent take of 
manatees by waterborne activities, we published an emergency rule 
establishing the Kings Bay Manatee Refuge in Citrus County, Florida on 
November 9, 2010 (75 FR 68719). The Service now proposes to establish 
the Kings Bay Manatee Refuge throughout Kings Bay, while maintaining 
the 7 existing Manatee Sanctuaries in the bay.
    The West Indian manatee includes two subspecies: The Florida 
manatee (Trichechus manatus latirostris) and the Antillean manatee 
(Trichechus manatus manatus). Florida manatees can be found throughout 
the southeastern United States, with Florida at the core of its range. 
Extensive efforts are ongoing by the Service and the Florida Fish and 
Wildlife Conservation Commission (Commission or FWC) to recover this 
species. In particular, significant efforts are made to minimize human-
related threats and to attempt to prevent the number of manatees taken 
by human activities.
    Take, as defined by section 3(19) of the ESA, means to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to 
attempt to engage in any such conduct. Harm is further defined by 
regulation at 50 CFR 17.3 to mean an act which actually kills or 
injures wildlife. Harass is also defined by regulation to mean any 
intentional or negligent act or omission which creates the likelihood 
of injury to wildlife by annoying it to such an extent as to 
significantly disrupt normal behavioral patterns, which include, but 
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). 
Take, as defined by section 3(13) of the MMPA, means to harass, hunt, 
capture, or kill, or attempt to harass, hunt, capture, or kill any 
marine mammal. Take is further defined in 50 CFR 18.3 to include, 
without limitation, any of the following: The collection of dead 
animals or parts thereof; the restraint or detention of a marine 
mammal, no matter how temporary; tagging a marine mammal; or the 
negligent or intentional operation of an aircraft or vessel, or the 
doing of any other negligent or intentional act which results in the 
disturbing or molesting of a marine mammal. Under section 3(18) of the 
MMPA, harassment is defined to include any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A); or (ii) has the potential to 
disturb a marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering (Level 
B). All takings, including takings by harassment, are prohibited.
    The primary human-related causes of death and injury to manatees 
rangewide include watercraft-related strikes (impacts and/or propeller 
strikes), entrapment and/or crushing in water control structures 
(gates, locks, etc.), and entanglement in fishing lines, crab pot 
lines, etc. A 2005 analysis concluded that watercraft-related mortality 
was the leading cause of death for manatees throughout Florida (MPSWG 
2005, p. 5). A subsequent threats analysis concluded that watercraft 
strikes and the potential loss of warm-water habitat pose the greatest 
threats to the Florida manatee population (Runge et al. 2007, p. 17).
    The Service can prevent the taking of one or more manatees through 
the designation of manatee protection areas in the form of either a 
manatee refuge or a manatee sanctuary. Regulations authorizing 
designation of manatee refuges and sanctuaries in areas where 
restrictions or prohibitions on certain waterborne activities are 
needed to prevent the take of manatees are codified in 50 CFR 17 
subpart J. A manatee refuge is defined as an area in which the Director 
has determined that: (1) Certain waterborne activities would take one 
or more manatees; or (2) certain waterborne activities must be 
restricted to prevent the take of one or more manatees, including but 
not limited to taking by harassment. A manatee sanctuary is an area 
where it has been determined that any waterborne activity would result 
in the taking of one or more manatees, including but not limited to a 
taking by harassment (50 CFR 17.102).

Kings Bay

    The Florida manatee's range includes Kings Bay, Florida. Kings Bay 
is a large embayment located at the headwaters of the Crystal River, a 
tidal river, located on Florida's west coast. Springs are the primary 
water source for this estuarine system; a recent report describes 70 
springs that discharge warm artesian water into Kings Bay (Vanasse, 
Hangen, and Brustlin, Inc., 2010, p. 1). Kings Bay is located within 
the City of Crystal River's city limits, in Citrus County, Florida. 
Citrus County and the City of Crystal River are an integral part of 
``Florida's Nature Coast'', a northwest Florida region marketed for 
outdoor recreational opportunities, including opportunities for viewing 
manatees (Nature Coast Coalition 2010 Web site). In addition to viewing 
manatees, area recreationists engage in snorkeling and diving, boating, 
canoeing and kayaking, fishing, waterskiing, and other activities (Gold 
2008, pps. 4-5). Local eco-tour operators, dive shops, marinas, hotels 
and motels, restaurants, and other businesses benefit from these 
activities (Buckingham 1990, p. 6).
    The Kings Bay springs constitute one of the most important natural 
warm-water refuges for manatees. Manatees have historically been 
attracted to the warm, spring-fed waters in Kings Bay where they 
retreat from the cold during the winter. More recently, manatees have 
begun to use this area during the warm summer months as well. Wintering 
manatees have been the focus of a manatee viewing industry for many 
years, and bay waters are widely used by commercial and recreational 
waterway users for a variety of activities throughout the year. 
Manatees are struck and killed or injured by boats operating in Kings 
Bay. Manatees are

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harassed by the viewing public. The number of manatees struck and 
killed by boats in Kings Bay is increasing, as are the number of public 
reports of acts of manatee harassment.
    Waterborne activities that occur on the Service's Crystal River 
National Wildlife Refuge (NWR) property in Kings Bay that are known to 
take manatees are prohibited pursuant to 50 CFR 17 subpart J and the 
National Wildlife Refuge Improvement Act (16 U.S.C. 668dd-668ee), which 
allows the Service to issue special-use permits (SUPs) for commercial 
and retail activities that occur on NWR property. National Wildlife 
Refuges are Service-owned or managed lands that are managed to broadly 
conserve, manage, and restore fish, wildlife, and plant resources and 
their habitats. The Banana Island Manatee Sanctuary, designated under 
50 CFR 17 subpart J, prohibits all waterborne activities from occurring 
on some submerged lands owned by this NWR. Commercial and retail 
activities that occur on NWR-owned land include manatee viewing, 
diving, snorkeling, videography, and others. Businesses wanting to 
engage in these activities on NWR property must obtain SUPs from 
Crystal River NWR. These permits are conditioned to require permittees 
to take those steps needed to make sure that their activities and those 
of their customers do not harass or otherwise take manatees.
    Watercraft associated with recreational and commercial activities 
strike and kill manatees. In the State's northwest region, where Kings 
Bay is located, adult manatee mortality is almost equally split between 
human-related and natural causes, with watercraft collisions being the 
leading source of human-caused mortality. From 1974 through 2010, 
collisions with watercraft killed 16 manatees in Kings Bay. Eleven of 
these deaths occurred between 2003 and 2010, including seven that 
occurred during the summer.
    Manatee viewing activities provide a significant source of revenue 
to the local economy (Buckingham 1990, p. 6). Local eco-tour businesses 
bring visitors out to Kings Bay where visitors view manatees while in 
the water, from boats, and from other vantage points. Some manatees 
initiate encounters with visitors, but most manatees avoid or ignore 
encounters with people, preferring to frequent manatee sanctuaries 
where all human activities are prohibited. Some manatees are harassed 
by visitors, despite the fact that all forms of harassment are 
prohibited by law.
    Hartman (1979, pp. 128-131) was the first to observe and describe 
how manatees respond to the presence of people in the water, observing 
that most manatees tended to avoid people, some ignored people, a few 
approached people with curiosity and then left, and some approached and 
solicited interactions with people. These observations were made in 
Kings Bay's warm water springs and the author correlated a reduction in 
the number of manatees using the Main Spring with an increasing number 
of people (Hartman 1979, p. 131). Concern has been expressed about 
manatees displaced from warm water springs for prolonged periods of 
time; prolonged exposure to cold can be fatal to manatees, especially 
for smaller animals (O'Shea 1995, p. 304). Hartman (1979, p. 126) 
believed that manatees in Kings Bay are harassed by people in the water 
and by boats.
    Researchers have observed and documented manatee responses to 
people and boats (Sorice et al. 2003, p. 324). Researchers noted 
increases in swimming, milling, and cavorting behaviors and decreases 
in resting, feeding, and nursing behaviors in the presence of 
increasing numbers of people and boats (Abernathy 1995, pp. 23-26; 
Wooding 1997, p. 1; King and Heinen 2004, pp. 230-231). They also 
observed that increases in numbers of boats and people prompted 
manatees to use other areas (Kochman et al. 1985, pp. 922-924; 
Buckingham et al. 1999, p. 514). However, none of these studies' 
observations of manatee responses to viewing participants and boats 
suggest that harm (killing or injuring of manatees) has occurred or is 
occurring (Sorice et al. 2003, p. 320). Nor have there been any 
significant increases in the number of cold-related injuries and 
mortalities in the northwest Florida region. Manatee survival rates in 
the northwest region are among the highest in Florida (FWC FWRI Manatee 
Mortality Database 2010 Web site; Runge et al. 2007, p. 20).
    Observations of manatee harassment in Kings Bay prompted the 
Service to promulgate a rule in 1979 that allowed the agency to 
designate manatee protection areas where certain waterborne activities, 
including boating and swimming, could be prohibited in order to 
``reduce the incidence of manatee injuries and deaths'' and to ``lessen 
the likelihood that manatees will encounter boats and people'' (44 FR 
60964). Subsequently, three manatee sanctuaries were designated in 
Kings Bay in 1980 (45 FR 74880; November 12, 1980) and, in 1983, the 
Service purchased lands in and around Kings Bay and established the 
Crystal River NWR for the purpose of protecting manatees and to educate 
the public about manatees.
    In 1994, citing a doubling of the number of manatees in the area 
since 1980, a large increase in the number of visitors, the inability 
of the existing sanctuaries to provide sufficient shelter for manatees, 
and reports of increasing manatee harassment, the Service designated 
three additional sanctuaries in Kings Bay to prevent the take of 
manatees by harassment (59 FR 24654; May 12, 1994). This expansion was 
followed by the addition of another sanctuary in 1998, similarly 
justified by reports of increasing harassment and observations of 
increasing numbers of manatees, increasing numbers of recreational 
divers and snorkelers, and insufficient space for manatees to rest, 
free from harassment (63 FR 55553; October 16, 1998: See table 1.).

         Table 1--Information justifying previous manatee sanctuary designations in Kings Bay, Florida.
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                                            Approximate                                              Number of
   Date of Kings Bay manatee sanctuary       number of      Estimated number of people viewing       sanctuary
              designations                manatees using                 manatees                  designations
                                             Kings Bay                                              NEW (TOTAL)
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November 12, 1980 (45 FR 74880).........             100  30,000 to 40,000......................            3(3)
May 12, 1994 (59 FR 24654)..............             240  60,000 to 80,000......................            3(6)
October 16, 1998 (63 FR 55553)..........             250  100,000...............................            1(7)
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    Over the last 30 years (1980-2010), the Service and the State of 
Florida have created a network of manatee protection areas within the 
Kings Bay area. This network was designed to prevent the take of 
manatees by waterborne

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activities, including but not limited to, boating and manatee viewing 
activities, and was established to allow manatees to continue to gain 
access to critical warm-water areas and important resting and foraging 
areas. During the manatee season, the network includes seven Federal 
manatee sanctuaries (which are described in our regulations at 50 CFR 
17.108(a)(1)-(a)(7)) and five State manatee protection zones (as 
described in Chapter 68C-22, ``The Florida Manatee Sanctuary Act'' 
(2010)).
    The seven Federal sanctuaries are located at heavily-used winter, 
warm-water sites (springs) and foraging areas and preclude all 
waterborne activities within their boundaries, preventing take from 
both boating and manatee viewing within these areas. The State 
protection zones include year-round idle and slow speed zones that 
prevent the take of manatees from high speed watercraft collisions. 
Given the State's statutory responsibilities for balancing the needs of 
manatees with the needs of the boating community, the State designated 
a 35 MPH (daytime)/25 MPH (nighttime) watersports area in Kings Bay. 
This area encircles Buzzard Island in the center of the bay.
    This network of manatee protection areas is enforced by Service, 
State, and local law enforcement officers. Extensive outreach and 
education programs support the protection area network, encouraging the 
public who engage in waterborne activities, including boating, manatee 
viewing activities, and others, to avoid taking manatees.

Current

    Similar to previous circumstances that warranted increases in the 
level of protection for manatees in Kings Bay, the number of manatees 
using Kings Bay more than doubled since 1998 (from 250 animals to 566 
animals) (Kleen 2010, pers. com.); the number of residents, visitors, 
and boats increased; and the amount of space in the existing 
sanctuaries became insufficient to provide this number of manatees with 
shelter free from harassment. In addition, the number of manatees 
struck and killed by boats in Kings Bay has increased since 2002, when 
the watersports area was created.
    The manatee population in northwest Florida grew at a rate of 4.0 
percent per year through 2000, based on an assessment of adult survival 
rates (Runge et al. 2004, p. 371). Consistent with this rate of 
increase, the number of manatees counted in the region has increased, 
as well. Aerial counts were first conducted during the winter of 1983-
1984, when 142 manatees were sighted in Citrus County; 124 of these 
animals were sighted in Kings Bay and Crystal River. In January 2010, 
Crystal River NWR researchers counted 646 manatees in Citrus County's 
coastal waters, including 566 manatees in Kings Bay. This is the 
highest number of manatees ever counted in this region and in Kings Bay 
(Kleen 2010, pers. com.). Aerial observations of manatees in Kings Bay 
during especially cold periods include sightings of manatees within the 
sanctuary areas and in lesser springs. In recent years, dozens of 
manatees are seen sheltering just outside of the sanctuary boundaries 
because the sanctuaries are overcrowded. Some animals shelter in some 
of Kings Bay's smaller, unprotected springs, including House Spring, 
Jurassic Spring, and an unnamed spring just east of the mouth of Three 
Sisters Springs run. As many as 20 animals have been seen in each of 
these sites on particularly cold days (Kleen 2010, pers. com.).
    The number of Citrus County residents increased by 19.8 percent (an 
average annual growth rate of 2.5 percent per year), from 118,085 to 
141,416, between 2000 and 2008 (U.S. Census Bureau 2010 Web site). 
Concurrent with this increase in number of residents, the number of 
boats registered in Citrus County increased by 36.2 percent at an 
average annual growth rate of 4.0 percent per year. In 2009, there were 
17,601 boats registered in Citrus County, 4,675 more than the 12,926 
vessels registered there in 2000 (FDHSMV 2010 Web site). While the 
number of visitor-owned watercraft that use Citrus County waterways, 
including Kings Bay, is unknown, this number is likely increasing, 
based on county revenue trends that describe an increasing number of 
visitors to the area. Revenue trends associated with businesses that 
cater to visitors, including Citrus County lodging and food service 
revenues and tourist tax revenues, have increased by 178 percent and 
214 percent, respectively, over the past 10 years, suggesting an 
increase in the number of visitors to the area (U.S. Census Bureau 2010 
Web site). Tourism surveys suggest that about half of all visitors to 
the area come to Citrus County to enjoy water-based activities that 
include manatee viewing, snorkeling, and diving (Gold 2008, pgs. 4-5).
    From 1974 through 2010, collisions with watercraft killed 60 
manatees in Citrus County waterways, including 16 manatees in Kings 
Bay. Thirteen of the 16 Kings Bay watercraft-related deaths occurred 
within the past 10 years. In 2008, FWC recorded the highest number (8) 
of manatees ever killed by watercraft in Citrus County and three of 
these carcasses were recovered in Kings Bay (FWC FWRI Manatee Mortality 
Database 2010 Web site).
    While watercraft-related deaths occur throughout the year in Citrus 
County, 7 of the 16 watercraft-related deaths that occurred in Kings 
Bay took place during those times of the year when the watersports area 
designated by the State of Florida in 2002 is in effect (May 1 to 
August 30). Three of these carcasses were recovered within the 
watersports area. Two deaths are known to have occurred after 2002 
within the watersports area. In May 2004, observers witnessed a boat 
striking a manatee in the watersports area; a carcass was recovered 
nearby the following day. In July 2007, a severely-injured manatee was 
observed in the watersports area; the animal died before it could be 
rescued. Its carcass was recovered on-site and it was determined to 
have died from acute propeller lacerations (FWC FWRI Manatee Mortality 
Database 2010 Web site).
    Every year, manatees are entangled in fishing lines, float lines, 
mooring lines, and other types of gear. In extreme cases, entangled 
manatees can die when entangling gear cuts into their hide, causing 
sepsis and the occasional loss of limbs. Many entangled animals are 
rescued. In cases when animals are superficially entangled, entangling 
gear is removed and the animals are released on-site. In more severe 
cases, manatees are transported to rehabilitation facilities where they 
are treated for injuries and infections associated with entanglements. 
There are 30 known cases of manatee entanglements from Citrus County, 
including 10 from Kings Bay. Fourteen of these cases include manatees 
entangled in crab pot float lines, including four from Kings Bay. The 
remaining cases from Kings Bay include four from fishing lines and two 
from mooring lines. County-wide records of entanglements include 24 
rescues and 4 deaths. More than half of these are known to have 
occurred during the past 15 years (U.S. Fish and Wildlife Service 
Manatee Rescue Rehabilitation and Release Program entanglements unpubl. 
data).
    Manatee harassment, largely associated with wintertime manatee 
viewing activities, occurs in Kings Bay, and a variety of methods are 
being used to help prevent and minimize harassment from occurring. The 
Service, State, nongovernment organizations, and private companies 
prepare and distribute outreach materials to manatee-viewing 
recreationists to familiarize them with best practices to

[[Page 36498]]

follow when in the water with manatees. Best practices include the 
``Manatee Viewing Guidelines,'' developed by the Service and partners. 
Outreach materials include, among other things, handouts, kiosks, 
signs, and videos. The Crystal River NWR developed ``Manatee Manners,'' 
a video that dive shops and kayak outfitters are required to show their 
customers before they enter Kings Bay. These businesses take visitors 
to see manatees in Kings Bay, including on refuge-owned land. As 
commercial interests conducting business on Crystal River Refuge-owned 
land, they are required to obtain SUPs, which are conditioned to insure 
that the permittees and their designees do not take manatees. Crystal 
River NWR also maintains a visitor center where guests are provided 
with outreach materials. The Crystal River Refuge's ``Manatee Watch'' 
volunteer network places volunteers in kayaks near the sanctuaries to 
educate visitors and report infractions when they occur.
    Federal regulations include 50 CFR 17.100--108, which provide for 
enforcement of manatee protection measures, and State regulations 
include provisions of the State's Florida Manatee Sanctuary Act as 
codified in 68 C--22 of the Florida Administrative Code. State and 
Federal officers have been cross-deputized and can enforce both State 
and Federal regulations. The Service, State, and other law enforcement 
agencies actively enforce harassment regulations in Citrus County and 
in Kings Bay. Cited acts of harassment include trespass by manatee-
viewing individuals into manatee sanctuaries where the Service has 
determined that any waterborne activity occurring within these areas 
would result in take of manatees, including but not limited to take by 
harassment. Indirectly, the presence of large numbers of people in the 
vicinity of manatees may cause some animals to abandon the area, 
another form of harassment. Outside of these areas, the public disturbs 
and occasionally harasses manatees while engaged in viewing and other 
waterborne activities. When observed, violators are warned or cited. 
State violations include boaters traveling at speeds in excess of those 
described by law within specific areas.
    Given variations in enforcement practices and recordkeeping 
systems, these records are not used to describe trends in harassment 
activity.

Summary

    Based on current and historical data that document increasing 
numbers of manatees, waterway users, watercraft-related manatee deaths 
and injuries, and reports of manatee harassment in Kings Bay, we 
conclude that the take of manatees is occurring and increasing in this 
area. Sources of information include U.S. Geological Survey, the FWC, 
manatee experts, the public, and peer-reviewed literature. Future take 
would occur without additional protection measures; and we do not 
anticipate any alternative protection measures being enacted by other 
agencies in sufficient time to reduce the likelihood of take. For these 
reasons, we believe the establishment of an additional manatee 
protection area is needed to prevent the take of manatees. The proposed 
manatee refuge covers the same geographical area as defined by the 
November 9, 2010, emergency rule (75 FR 68719).

Proposal

    To prevent the take of manatees, the Service and the State of 
Florida have designated a network of manatee protection areas at sites 
throughout Florida where threats to manatees have been well-documented 
and where manatees are known to frequently occur. This network supports 
our goal of providing areas of protected habitat throughout peninsular 
Florida, adequate to satisfy the biological needs of the species. We 
propose to enhance this network by establishing an additional manatee 
protection area, i.e., a manatee refuge, in Kings Bay, a waterbody 
located in Crystal River, Citrus County, Florida.
    Under the proposed manatee refuge designation, refuge restrictions 
would improve the Service's ability to address takings associated with 
watercraft and with manatee viewing activities. Restrictions would 
require all watercraft to operate at slow speed throughout Kings Bay, 
except in those areas where more restrictive measures are in place 
(idle speed zones, no entry areas, and sanctuaries), to reduce the 
number of watercraft-related deaths and injuries occurring in Kings 
Bay. Harassment associated with manatee viewing can be controlled 
through the establishment of no-entry areas not to exceed specified 
distances around existing manatee sanctuaries, the designation of no-
entry areas at lesser springs when needed, and the identification of 
manatee refuge-specific prohibitions.
Proposed Kings Bay Manatee Refuge
Location
    The Service proposes to designate the waters of Kings Bay as a 
manatee refuge. These waters include that tract of submerged land that 
includes all waters of Kings Bay, including all tributaries and 
adjoining waterbodies, upstream of the confluence of Kings Bay and 
Crystal River, described by a line that bears North 53[deg]00'00'' East 
(True) from the northeasternmost point of an island on the 
southwesterly shore of Crystal River (approximate latitude 
28[deg]53'32'' North, approximate longitude 82[deg]36'23'' West) to the 
southwesternmost point of a peninsula of Magnolia Shores (approximate 
latitude 28[deg]53'38'' North, approximate longitude 82[deg]36'16'' 
West). See Map ``Kings Bay Manatee Refuge''
    The proposed manatee refuge encompasses seven existing Federal 
manatee sanctuaries, described in 50 CFR 17.108: the Banana Island 
Sanctuary (aka the King Spring Sanctuary), the Sunset Shores Sanctuary, 
the Magnolia Springs Sanctuary (including Gator Hole), the Buzzard 
Island Sanctuary, a sanctuary located along the north shore of Banana 
Island, the Warden Key Sanctuary, and the Three Sisters Springs 
Sanctuary. The existing sanctuaries are in effect from November 15 to 
March 31 (the manatee season). The proposed manatee refuge measures 
would be in effect in Kings Bay as described below.

Manatee Refuge Measures

    The proposed manatee refuge measures, described in more detail 
below, include:
     Maintaining the 7 existing manatee sanctuaries where all 
waterborne activities are prohibited November 15-March 31;
     Restricting boat speeds throughout the refuge at all 
times;
     13 specifically prohibited activities throughout the 
manatee refuge at all times;
     Requiring manatee-safe fishing lines, float lines, and 
mooring lines at all times;
     Temporary `no-entry' areas adjacent to existing 
sanctuaries and several additional springs during the manatee season 
(November 15-March 31;
     Temporary `no-entry' areas prior to or after the manatee 
season during unusual cold events; and,
     Limited exceptions for adjoining property owners and their 
designees.
Existing Manatee Sanctuaries
    All 7 currently existing manatee sanctuaries in Kings Bay, where 
all waterborne activities are prohibited November 15-March 31, will 
remain in effect.
Boat Speeds
    To prevent the take of one or more manatees killed and injured by 
high-speed watercraft, we propose to restrict boat speeds in Kings Bay 
to slow speed

[[Page 36499]]

throughout the year except in those areas where more restrictive 
measures are in place. Within the Kings Bay Manatee Refuge, all 
watercraft would be required to operate at slow speeds throughout Kings 
Bay, except in those areas with more restrictive measures such as idle 
speed zones, no-entry areas, and sanctuaries. Slow speed is defined as 
the speed at which a boat is fully off plane and completely settled in 
the water. By slowing all boats down within this area, collisions with 
manatees in Kings Bay can be prevented.
Manatee Viewing and Other Waterborne Activities
    To prevent the take of one or more manatees associated with manatee 
viewing and other waterborne activities, we specify prohibitions that 
would be in effect throughout the year. Pursuant to the ESA and MMPA, 
all takings, including takings by harassment, are prohibited throughout 
the year, wherever they may occur. In regard to these prohibited 
activities, we consider a resting manatee to be a mostly motionless 
manatee on the water bottom, in the water column, or on the water's 
surface that rises to the surface to breathe. While resting, a manatee 
may make minor changes in its posture and may slightly shift its 
position. Minor changes in posture occur when manatees breathe or roll. 
Resting manatees may also make slight movements with their flippers or 
tail to compensate for draft, etc. (Hartman 1979, pp. 82-84). To 
prevent the take of manatees by individuals engaged in waterborne 
activities while in the water, in boats, or on-shore within the Kings 
Bay Manatee Refuge, we specifically identify and prohibit the following 
activities:
    (i) Chasing or pursuing a manatee(s).
    (ii) Disturbing or touching a resting or feeding manatee(s).
    (iii) Diving from the surface onto resting or feeding manatee(s).
    (iv) Cornering or surrounding or attempting to corner or surround a 
manatee(s).
    (v) Riding, holding, grabbing, or pinching or attempting to ride, 
hold, grab, or pinch a manatee(s).
    (vi) Poking, prodding, or stabbing or attempting to poke, prod, or 
stab a manatee(s) with anything, including your hands and feet.
    (vii) Standing on or attempting to stand on a manatee(s).
    (viii) Separating a mother and calf or attempting to separate a 
mother and calf.
    (ix) Separating a manatee(s) from a group or attempting to separate 
a manatee(s) from a group.
    (x) Giving a manatee(s) anything to eat or drink or attempting to 
give a manatee(s) anything to eat or drink.
    (xi) Actively initiating contact with a belted and/or tagged 
manatee(s) and associated gear, including any belts, harnesses, 
tracking devices, or antennae.
    (xii) Interfering with rescue and research activities.
    (xiii) Using mooring and float lines that can entangle manatees.
    In addition, the following waterborne activities are prohibited 
within Three Sisters Springs from November 15 through March 31:
    a. Entering Three Sisters Springs between 6 p.m. and 7 a.m.
    b. Scuba diving.
    c. Fishing, including but not limited to fishing by hook and line, 
by cast net, and by spear.
Fishing Lines, Float Lines, Mooring Lines, and Other Types of Gear in 
Kings Bay
    To prevent one or more manatees from becoming entangled in fishing 
lines, float lines, mooring lines, and other types of gear in Kings 
Bay, we propose to require the use of manatee-safe lines and other 
measures to prevent take from occurring throughout the year. Within 
Kings Bay, users of float lines, mooring lines, and other types of 
entangling gear would be required to use manatee-safe lines and 
practices that would prevent one or more manatees from being entangled, 
injured, or killed in this type of gear (refer to the list of 
prohibited activities above). Manatee-safe lines are lines that do not 
entangle manatees. Manatee-safe lines include stiffened lines and lines 
that, when in use, are kept taut and unable to entangle manatees. 
Examples include, but are not limited to, lines that incorporate 
stiffeners such as wire, lines enclosed in hose or PVC, and others. 
Lines should not be discarded in Kings Bay where they can continue to 
pose a threat to manatees. Monofilament recycling programs and the 
State of Florida's derelict crab pot removal program provide additional 
means for reducing the number of lines discarded in this area.
Temporary No-Entry Areas (November 15 Through March 31)
    To insure sufficient space within the Kings Bay Manatee Refuge for 
manatees to shelter, rest, and feed, free from harassment both in the 
vicinity of the existing sanctuaries and at House Spring, Jurassic 
Spring, and Idiot's Delight Number 2 Spring, we propose to create 
temporary no-entry areas during the manatee season (between November 15 
and March 31). Pursuant to Subpart J, all waterborne activities would 
continue to be prohibited within existing Federal manatee sanctuaries. 
Because there is insufficient space in the existing sanctuaries for all 
manatees that use Kings Bay to shelter, rest, and feed, free from 
harassment, we propose to create temporary no-entry areas outside of 
and adjacent to the existing sanctuaries to insure adequate room for 
manatees wanting to access these sites when space is needed. We also 
propose to create no-entry areas around House Spring, Jurassic Spring, 
and Idiot's Delight Number 2 Spring when these springs are occupied by 
manatees in need of shelter free from harassment. By providing manatees 
with additional space in areas where all waterborne activities are 
prohibited, we can prevent take of manatees in these areas from manatee 
viewing and other waterborne activities.
Temporary No-Entry Areas (April 1 Through November 14)
    To prevent the take of manatees sheltering in Kings Bay from cold 
weather that occurs outside of the manatee season (November 15 to March 
31), temporary no-entry areas may be proposed and put in effect during 
early onset and protracted cold weather events that occur outside of 
the manatee season. Manatees that appear in Kings Bay during cold 
fronts that pre-date the start of the manatee season are especially 
vulnerable to harassment because none of the sanctuaries and no entry 
areas are in effect prior to November 15. Similarly, none of these 
measures are in effect after March 31, during those times when cold 
weather continues beyond this period of time. In April 2010, the 
Service asked the public to voluntarily stay out of existing manatee 
sanctuaries after the close of the manatee season due to protracted 
cold weather and the continued presence of manatees at these sites. 
While the public generally complied with the request, some people did 
not and manatees were harassed.
    By designating temporary no-entry areas prior to November 15 and 
after March 31 during cold fronts when manatees are present, manatee 
harassment that could occur during these times can be prevented. 
Designations would remain in effect for the duration of a cold front 
and only when manatees are present; manatee presence at warm-water 
sites during unseasonal cold events typically lasts for several days or 
less. Temporary designations would remain in effect for no longer than 
14 days.

[[Page 36500]]

Exceptions for Adjoining Property Owners and Their Designees
    Property owners and their designees (including but not limited to 
guests and contractors) who own property that adjoins designated no-
entry areas would continue to be able to access their property by 
obtaining an exception from the Crystal River NWR that would allow them 
to operate boats within the adjoining no-entry area for purposes of 
access and property maintenance. The Crystal River NWR would continue 
to provide adjoining property owners and their designees with a sticker 
or letter of authorization that identifies their boats as authorized to 
access no-entry areas. Boats owned by excepted owners would be required 
to be marked by stickers and would be required to operate within 
designated areas at idle speed. Designees with a letter of 
authorization would be required to have a copy of the letter in their 
possession while operating within a designated area and would be 
required to operate at idle speed.
Clarity of the Rule
    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To help 
us revise the rule, your comments should be as specific as possible. 
For example, you should tell us the numbers of the sections or 
paragraphs that are unclearly written, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Required Determinations

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, this 
proposed rule is not a significant regulatory action. The Office of 
Management and Budget makes the final determination under Executive 
Order 12866.
    a. This proposed rule would not have an annual economic impact of 
over $100 million or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. A cost-benefit 
analysis is not required. It is not expected that significant economic 
impact would result from the establishment of a manatee refuge 
(approximately 530 acres) in Citrus County in the State of Florida.
    b. This proposed rule, if implemented, would not create 
inconsistencies with other agency actions. The proposed rule is 
consistent with and complimentary to other existing agency actions. 
Existing agency actions currently in effect in Kings Bay include 
manatee protection areas. The proposed rule is based on the authorities 
used to create these areas and enhances the ability of these locally 
accepted designations to protect manatees from harassment and 
watercraft collisions.
    c. This proposed rule would not materially affect entitlements, 
grants, user fees, loan programs, or the rights and obligations of 
their recipients. Minimal restrictions to existing human uses of the 
proposed site would result from this proposed rule, but the 
restrictions are believed to enhance manatee viewing opportunities. No 
entitlements, grants, user fees, loan programs, or rights and 
obligations of their recipients are expected to occur.
    d. This proposed rule would not raise novel legal or policy issues. 
We have previously established other manatee protection areas.
    The purpose of this proposed rule is to establish a manatee 
protection area in Citrus County, Florida. The area includes the waters 
of Kings Bay and connecting waters and tributaries, upstream of the 
confluence of the Crystal River and Kings Bay. We are proposing to 
prevent the taking of one or more manatees by managing human activities 
in this area. The refuge would incorporate an existing network of 
Federal manatee sanctuaries. Affected waterborne activities would 
include swimming, diving (including skin and scuba diving), snorkeling, 
water skiing, surfing (including wind surfing), fishing, and the use of 
watercraft and other vessels. This rule could result in impacts to 
manatee viewing activities, recreational boaters, commercial charter 
boats, and commercial fishermen, primarily in the form of additional 
restrictions on manatee viewing activities and boat speed restrictions 
in specific areas. The Service could experience increased 
administrative costs due to this proposed rule. In addition, the rule 
would be expected to produce economic benefits for some parties as a 
result of increased manatee protection and decreased boat speeds within 
the area of the manatee refuge.
    Regulatory impact analyses require the comparison of expected costs 
and benefits of the proposed rule against a baseline, which typically 
reflects the regulatory requirements in existence prior to the 
rulemaking. For purposes of this analysis, the baseline assumes that 
the Service takes no additional regulatory actions to protect the 
manatee. In fact, even with no further activity by the Service, an 
extensive system of manatee protection areas is already in place within 
the area of the proposed manatee refuge. As discussed below, in the 
regulatory impact analysis where we compare expected costs and benefits 
of the proposed changes, the economic impact of establishing this 
manatee refuge is not expected to be significant.
    The economic impacts of this proposed rule are due to changes 
within the proposed manatee refuge area. Proposed restrictions 
associated with a newly designated manatee refuge would require all 
watercraft to operate at slow or idle speeds outside of the no-entry 
areas, as posted, to further minimize the number of watercraft-related 
manatee deaths and injuries occurring in Kings Bay. Harassment 
associated with manatee viewing activities would be controlled through 
the ability to designate temporary no-entry areas, enforce regulatory 
prohibitions, and an education program that addresses all individuals 
engaged in manatee viewing activities throughout the bay.
    In order to gauge the economic effect of this proposed rule, both 
benefits and costs must be considered. Potential economic benefits 
related to this proposed rule include: Increased manatee protection and 
tourism related to manatee viewing, increased property values, 
increased boater safety, increased swimmer safety, improved fisheries 
health, and decreased shoreline maintenance costs. Potential economic 
costs are related to increased administrative activities related to 
implementing the rule and restrictions on certain waterborne 
activities. Economic costs would be measured primarily by the number of 
recreationists who use alternative sites for their activity or have a 
reduced quality of the waterborne activity experience in the designated 
manatee refuge. In addition, there may be some impact on commercial 
fishing because of the need to maintain slower speeds. While the State 
of Florida has over 7.5 million acres of waterways, this proposed rule 
would affect only 530 acres of the State's waterways and these 530 
acres are currently regulated to

[[Page 36501]]

protect manatees. The proposed rule increases this protection by: 
Allowing for a limited expansion of existing sanctuary boundaries; 
establishing the ability to temporarily designate three discrete no 
entry areas; creating a discrete, 4-month-long, restricted slow-speed 
area within existing slow and idle speed areas; and by specifically 
prohibiting actions known to harass manatees. As detailed below, 
designation of this manatee refuge as proposed in this rule is not 
expected to affect enough waterborne activity to create a significant 
economic impact (that is, the rule would not have an annual impact of 
over $100 million).

Economic Benefits

    We believe that the proposed establishment of Kings Bay Manatee 
Refuge would increase the level of manatee protection in these areas. 
Improved protection for the manatee may result in direct economic 
benefits by insuring the continued, local presence of viewable manatees 
and insuring the continued existence of the manatee viewing industry. 
Indirect benefits include the protection of private and publicly owned 
shorelines from high-speed wakes, the protection of aquatic vegetation 
from losses due to excessive turbidity caused by high-speed boat 
traffic, increased property values, and reductions in high-speed 
boating-related human deaths and injuries.
    The public's support for manatees and their protection has been 
examined through contingent value studies (Bendle and Bell 1995, pp. 8-
17; Fishkind and Associates 1993, pp. 5-11). These economic studies 
characterized the value placed by the public on this resource and 
determined that the public's willingness to pay for manatee protection 
is significant and that public support for manatee protection 
regulations in general, such as that described in the proposed rule, 
exists.
    Bendle and Bell (1995, p. ii) conducted a representative survey of 
Florida residents in general (through random sample) and attempted to 
answer the question, ``How much are Florida residents willing to pay to 
cover the costs associated with protecting the manatee?'' In 1993 
dollars, efforts to protect the manatee population as a whole were 
valued at an estimated $2.6 billion or $14.78 per household (or $4.03 
billion or $22.91 per household, when adjusted to reflect 2011 monetary 
values). Based on surveys of north Florida residents, Fishkind and 
Associates (1993, p. 11) estimated that adult Florida residents would 
be willing to pay $30 per year in 1992 dollars (or $47.70 per year when 
adjusted to reflect 2011 monetary values) to help compensate for the 
adverse economic effects, if any, of protecting the manatee population 
(Fishkind and Associates 1993, pp. 28-30).
    It is difficult to apply the results of these studies to the 
proposed rule, because neither study measures an impact similar to that 
associated with this rulemaking, which applies only to the Kings Bay 
area. For example, the Fishkind and Associates study (1993, p. 1) was 
designed to gauge the economic impact of the Florida Manatee Sanctuary 
Act. First, the estimates of economic benefit were predicated on a 
different baseline in terms of both the manatee population being 
protected at that time versus now, and the regulatory conditions, such 
as manatee protection areas, that were in existence at the time. 
Second, this study is not clear about the type and extent of manatee 
protection; it does not clearly state if protection refers solely to 
the designation of manatee protection areas or if protection is 
interpreted to include implementation and enforcement of protection 
measures. The study also does not clearly state whether residents are 
willing to pay for manatee protection within a specific region or for 
manatee protection throughout the State of Florida. While neither of 
these studies is specific enough to apply to this proposed rule, they 
do provide an indication that the public confers substantial value on 
the protection of manatees.
    Another potential economic benefit is continued and increased 
tourism that likely results from an increase in manatee protection. 
Citrus County and Kings Bay are nationally and internationally 
recognized as primary destinations for winter-time manatee viewing. 
Surveys of visitors to Citrus County estimate that about half come to 
enjoy water-based activities, including manatee viewing, snorkeling, 
and diving (in order of preference) (Gold 2008, pp. 4-8). Hundreds of 
thousands of individuals are believed to engage in these activities 
each winter, and the number of participants is thought to be 
increasing.
    Visitors and local residents view manatees in Kings Bay from boats 
or in the water on their own or through local eco-tour operators. 
Visitors may pay eco-tour operators to equip them and take them out 
onto Kings Bay to view manatees; vendors provide both in-water and on-
water experiences. In-water rentals include wetsuits, masks, snorkels, 
and related gear. On-water rentals include canoe, kayak, and other 
boat-type rentals. Other visitors travel to the area and engage in 
manatee viewing activities using their own equipment, including boats 
and other needed gear. Many visitors stay at local hotels and eat at 
local restaurants. There are no reports or estimates of direct costs 
and expenditures associated with manatee viewing.
    While there is no information on the number of boats associated 
with manatee viewing, including boats used by residents, boats 
trailered to the area by visitors, boats used to transport eco-tour 
clients, or boats leased to individuals watching manatees, a recent 
evaluation on the impact of boating on Florida, Florida's North Central 
Region, and Citrus County suggests that the overall economic impact of 
manatee viewing is important (FWC 2009 Online Boating Economic Impact 
Model Web site).
    FWC's 2006 evaluation of Citrus County boating activities 
documented 14,304 county-registered boats (13,283 power boats and 1,021 
non-power boats, including 903 kayaks and canoes) and 402,029 boat days 
in Citrus County waters. Over 60 percent of the boat trips taken by 
these boats occurred in Citrus County. Local boat ramp infrastructure 
emphasizes salt water destinations (calculated 2006 ramp lane 
capacities provide access for 10,620 launches, including 8,883 
saltwater launches and 1,737 freshwater launches). The economic 
significance of Citrus County's registered boats and their activities 
is estimated at $104,740,000 annually in 2006 dollars (or $116,261,400 
when adjusted to reflect 2011 monetary values); $63,513,400 (or 
$70,449,874 in 2011 monetary values) of this amount is spent on boat 
trips, including $8,549,200 (or $9,489,612 in 2011 monetary values) on 
lodging (14 percent) and $9,060,500 (or $10,057,155 in 2011 monetary 
values) on food. The evaluation does not assess nonresident (or out-of-
state) boats. The fraction of county-registered boats used for manatee 
viewing in Kings Bay is unknown, as is the number of boats trailered to 
the area by visitors. As such, the contribution of boats used for 
manatee viewing cannot be monetized or evaluated in terms of any 
economic benefit likely to accrue from this rulemaking.
    Businesses that benefit both directly and indirectly from manatee 
viewing can be found in Department of Labor descriptions of Citrus 
County industries. While these industry descriptions provide useful 
information about numbers of businesses and the number of individuals 
they employ, they do not describe the number of businesses and

[[Page 36502]]

individuals engaged directly or indirectly in manatee viewing. These 
industries include: Leisure and hospitality businesses, professional 
and business services; and trade, transportation, and utility 
businesses. Through September 2010, there were 288 leisure and 
hospitality establishments in Citrus County employing 3,294 
individuals; 512 professional and business service establishments 
employing 3,340 individuals; and 683 trade, transportation, and utility 
establishments employing 7,330 individuals (U.S. Department of Labor 
2011).
    Improved protection for the manatee may result in an economic 
benefit to these industries by insuring the continued local presence of 
viewable manatees and insuring the continued existence of the manatee 
viewing industry. However, the viability of the local manatee viewing 
industry, as practiced by both commercial businesses and individuals, 
is challenged by reported acts of manatee harassment associated with 
these activities.
    Florida waterfront property owners may benefit from manatee 
protection areas such as the area described in this proposal. Bell and 
McLean (1997, p. 1) studied the impact of posted manatee speed zones on 
the property values of waterfront homes in Fort Lauderdale, Broward 
County, Florida. The authors found a strong relationship between 
property values and slow-speed zones, and found evidence that slow-
speed zones may have a positive impact on home sale price. Slow-speed 
zones were found to correlate with as much as a 15- to 20-percent 
increase in sale price. The authors speculated that speed zones may 
increase property values by reducing noise and fast traffic, and by 
making it easier for boats to enter and leave primary waterways. In the 
proposed manatee refuge area, residential property owners may 
experience these benefits.
    In addition, due to reductions in boat wake associated with speed 
zones, property owners may experience some economic benefits related to 
decreased costs for maintenance and repair of shoreline stabilization 
(i.e., seawalls along the water's edge). Similarly, the erosion of 
shoreline vegetation and aquatic plant communities from boat wakes 
would lessen, thus improving important fisheries habitat. Speed 
reductions may also result in increased boater and swimmer safety. 
These types of benefits cannot be quantified with available 
information.
    Based on previous studies, we believe that this rule would produce 
some economic benefits. However, given the lack of information 
available for estimating these benefits, the magnitude of these 
benefits is unknown.

Economic Impacts

Affected Recreational Activities
    For some waterway users, the loss of a local, high-speed 
watersports area may reduce the quality of these activities or may 
cause people to forgo the activities. The extra time needed to cross 
additional slow and/or idle speed areas or to avoid ``no-entry'' areas 
may inconvenience some recreationists. In this section, we examine the 
waterborne activities taking place in the area and the extent to which 
they may be affected by the designation of the proposed manatee refuge. 
The resulting potential economic impacts are discussed below. Actual 
impacts cannot be quantified, however, because an actual number of 
recreationists using the site is not known.
    In the proposed Kings Bay Manatee Refuge, affected waterborne 
activities include traveling, cruising, waterskiing, personal 
watercraft use, canoeing and kayaking, manatee viewing, snorkeling and 
diving, and fishing. Based on a recent visitor study that relied on a 
variety of survey mechanisms, the two most popular activities in Citrus 
County were manatee viewing and snorkeling and diving (Gold 2008, pp. 
4-8). Recreationists engaging in high-speed activities, including 
waterskiing, use of personal watercraft, and other similar activities 
would likely experience some impacts due to the proposed regulations; 
individuals not engaged in high-speed-activities are unlikely to 
experience much impact due to the proposed regulation.
    Primary activities that would be affected by the designation of 
year-round slow or idle speeds are those that involve high-speed 
watercraft operations, including waterskiing, which take place between 
May 1 and August 31 in the watersports area located in the center of 
Kings Bay. The proposed regulation may cause some water skiers and 
other recreationists to forgo high-speed activities here, or may reduce 
the quality of their experience in the event that these recreationists 
elect to waterski at less preferred alternative sites.
    Without data describing the number of affected recreationists and 
the number of trips that they make every year to the watersports area, 
costs associated with the loss of this area are unknown. If this 
information were available, we could estimate the impact of lost or 
diminished skiing days given the value of a waterskiing day published 
in the literature. One study by Bergstrom and Cordell (1991, p.67) 
suggested the lost surplus value may be $ 46.75/day (adjusted to 
reflect 2002 monetary values) for a day of waterskiing. They applied a 
multicommunity, multisite travel cost model to estimate demand 
equations for 37 outdoor recreational activities and trip values, 
including waterskiing. The analysis was based on nationwide data from 
the Public Area Recreational Visitors Study collected between 1985 and 
1987 and several secondary sources.
    Thomas and Stratis (2002, pgs. 30-32) evaluated the effect that 
reductions in the number of available boating destinations had on 
recreational boaters in Lee County. Reduced boat speeds at certain 
sites precluded high-speed activities historically associated with 
these sites, reducing the number of high-speed destinations available 
to these boaters. Thomas and Stratis demonstrated that some 
redistribution of boating trips did subsequently occur and concluded 
that the reduction in boating destinations resulted in an annual 
estimated loss per boater of $423.94 in 1996 dollars (or $597.97 when 
adjusted to reflect 2011 dollar values). The study was conducted in Lee 
County, not Citrus County, in 1996, and specific locations and 1996 
values localize and date the results.
    While studies demonstrate that recreationists can experience a 
change in the quality of their waterborne experience when speeds are 
restricted in historically high-speed boater destinations, not enough 
data are available to estimate any losses in economic value that the 
recreationists who use Kings Bay are likely to experience. However, 
given that alternative sites are regionally available, economic impacts 
are not expected to be significant.
    Recreationists who transit the designated, summertime slow-speed 
area would likely experience a diminished quality of the boating 
experience due to the additional time needed to transit this area at 
speeds slower than those historically present. These recreationists 
likely include anglers traveling to downstream fishing sites, and the 
additional transit times would affect the time that they have available 
to fish. Lost fishing time could result in catch losses, thereby 
diminishing the fishing experience. The number of these recreationists 
and the number of trips that they make is unknown. As a result, the 
economic cost

[[Page 36503]]

of this rulemaking on these individuals is unknown.

Affected Commercial Charter Boat Activities

    Various types of charter boats use Citrus County waterways for 
nature tours and other activities. The number of charter boats using 
Kings Bay is unknown, and information on their origins and destinations 
is lacking. However, many charter boats are used by renters to view 
manatees, an activity that occurs within the refuge area. The refuge 
designation is unlikely to cause a significant adverse impact to 
businesses that provide boats for manatee viewing and may even benefit 
them. Enhanced manatee protection measures should improve the viewing 
experience and are likely to positively affect this industry. The extra 
time required for commercial charter boats used for fishing to reach 
fishing grounds could reduce onsite fishing time and could result in 
fewer trips. Added travel time may affect the length of a trip, which 
could result in fewer trips overall, creating a potential economic 
impact.

Affected Commercial Fishing Activities

    Local commercial fisheries may experience some impact due to the 
proposed regulation. To the extent that the proposed regulation 
establishes additional speed zones in commercial fishing areas, this 
may increase transit times associated with the fishing activity, 
affecting the efficiency of commercial fishing. Costs associated with 
requirements for the use of manatee-safe float lines would likely 
increase some fishing gear costs.
    Crab boats would have to travel at slower speeds in some locations 
between crab pots, thereby potentially reducing the number of crabs 
landed on a daily basis. The speed limits may also slow transit speeds 
between fishing grounds for both crab and mullet fishing boats. The 
number of fishing boats operating and the amount of blue crab and 
mullet landings occurring in areas that would be newly designated speed 
zones under this proposed rule are unknown. Given this, the impact on 
the commercial fishing industry cannot be quantified.
    Crabbers fishing within the Kings Bay Manatee Refuge would need to 
modify their gear to ensure that manatees do not become entangled in 
crab pot float lines. The use of stiffened lines, including lines that 
incorporate stiffeners (wire, lines enclosed in hose or PVC, etc.), 
crab pot lines to reduce the number of float lines used (where crab 
pots are strung together and single float lines are used to locate the 
beginning and end of such a crab pot line), and other methods would 
increase gear costs. However, the number of crabbers fishing in Kings 
Bay is unknown, and the extent to which this would impact these users 
is unknown.
    The proposed designation would likely affect commercial fishermen 
by way of added travel time, which may have an economic impact. 
However, because added travel times are unlikely to exceed an 
additional 30 minutes beyond existing travel times, it is unlikely that 
the proposed rule would result in a significant economic impact on the 
commercial fishing industry.

Agency Administrative Costs

    Agency administrative costs would include costs associated with 
signposting, enforcement, and some costs for education and outreach to 
inform the public about new designations within the manatee refuge. The 
proposed refuge would require nominal, additional signposting 
activities; however, the number and location of signs needed to post 
the proposed manatee refuge is not known. Similarly, additional law 
enforcement and education and outreach needs are anticipated. 
Associated administrative costs are unknown.
    The designation of this manatee refuge would affect less than 530 
acres of the State of Florida's 7.5 million acres of waterways and 
would add restrictions to an already-restricted area to better protect 
manatees. As a result, the rule would impact the quality of waterborne 
activity experiences for some recreationists and may lead some 
recreationists to forgo certain waterborne activities. While the 
proposed rule would prohibit certain activities within the refuge area, 
it does not prohibit recreationists from participating in similar 
activities elsewhere. Alternative sites are available for all 
waterborne activities that may be affected by this rule. The 
inconvenience of having to go slower or choose alternative sites for 
certain waterborne activities would likely have a regional economic 
cost. While the level of economic benefits that may be attributable to 
the manatee refuge is unknown (including benefits associated with 
manatee viewing), these benefits would likely minimize any economic 
impacts that may be associated with this rule. Given available 
information, the net economic impact of designating this manatee refuge 
is not expected to be significant (that is, it would not exceed $100 
million per year).

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions) (5 U.S.C. 601 et 
seq.). However, no regulatory flexibility analysis is required if the 
head of an agency certifies that the rule would not have a significant 
economic impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities. This section presents a screening level analysis of the 
potential effects of the proposed designation of a manatee protection 
area on small entities. We certify that this rule would not have a 
significant economic impact on a substantial number of small entities 
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
An initial/final Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required.
    In order to determine whether the proposed rule would have a 
significant economic impact on a substantial number of small entities, 
we utilize available information on the industries most likely to be 
affected by the designation of the manatee refuge. Small entities 
likely affected by the proposed rule include entities whose businesses 
support high-speed recreational boating activities and commercial 
fishing. However, no current information is available on the specific 
number of small entities that would potentially be affected. This 
proposed rule would preclude high-speed activities from an existing 
summertime water sports area and would add travel time to boating 
recreationists and commercial activities having to travel through the 
additional slow-speed zones. Because the only restrictions on 
recreational activity result from displacement and added travel time 
and alternative sites are available for all waterborne activities,

[[Page 36504]]

we believe that the economic impact on small entities resulting from 
changes in recreational use patterns would not be significant. The 
economic impacts on small businesses resulting from this proposed rule 
are likely to be indirect effects related to reduced demand for goods 
and services if recreationists choose to reduce their level of 
participation in waterborne activities. Similarly, because the only 
restrictions on commercial activity result from the inconvenience of 
added travel time, we believe that any economic impact on small 
commercial fishing or charter boat entities would not be significant. 
Also, the indirect economic impact on small businesses that may result 
from reduced demand for goods and services from commercial entities is 
likely to be insignificant.

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2). This 
proposed rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. As shown above, this proposed rule may cause some inconvenience 
in the form of displacement and added travel time for recreationists 
and commercial fishing and charter boat businesses because of speed and 
access restrictions in this manatee refuge, but it should not translate 
into any significant business reductions for the many small businesses 
in Citrus County. Since the only restrictions on recreational activity 
would result from displacement and added travel time and alternative 
sites are available for all waterborne activities, we believe that the 
economic impact on small entities resulting from changes in 
recreational use patterns would not be significant. The economic 
impacts on small business resulting from this proposed rule are likely 
to be indirect effects related to reduced demand for goods and services 
if recreationists choose to reduce their level of participation in 
waterborne activities. Similarly, because the only restrictions on 
commercial activity result from the inconvenience of added travel time, 
we believe that any economic impact on small commercial fishing or 
charter boat entities would not be significant. Also, the indirect 
economic impact on small businesses that may result from reduced demand 
for goods and services from commercial entities is likely to be 
insignificant.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. It is unlikely that there are 
unforeseen changes in costs or prices for consumers stemming from this 
proposed rule. The recreational charter boat and commercial fishing 
industries may be affected by lower speed limits for some areas when 
traveling to and from fishing grounds. However, this impact is likely 
to be limited.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. As 
stated above, this proposed rule may generate some level of 
inconvenience to recreationists due to displacement and added travel 
time, but the resulting economic impacts are believed to be minor and 
would not interfere with the normal operation of businesses in the 
affected county. Added travel time to traverse some areas is not 
expected to be a major factor that would impact business activity.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    a. This proposed rule would not significantly or uniquely affect 
small governments. A Small Government Agency Plan is not required. The 
designation of manatee refuges imposes no substantial new obligations 
on State or local governments.
    b. This proposed rule would not produce a Federal mandate of $100 
million or greater in any year. As such, it is not a significant 
regulatory action under the Unfunded Mandates Reform Act.

Takings

    In accordance with Executive Order 12630, this proposed rule does 
not have significant takings implications. A takings implication 
assessment is not required. The proposed manatee protection area is 
located over Federal-, State- or privately-owned submerged bottoms. Any 
property owners in the vicinity would retain navigational access and 
the ability to maintain their property.

Federalism

    In accordance with Executive Order 13132, the proposed rule would 
not have significant Federalism effects. A Federalism assessment is not 
required. This proposed rule would not have substantial direct effects 
on the State, on the relationship between the Federal Government and 
the State, or on the distribution of power and responsibilities among 
the various levels of government. We coordinated with the State of 
Florida to the extent possible on the development of this proposed 
rule.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule would not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This proposed regulation does not contain new collections of 
information that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq. The proposed regulation would not 
impose new recordkeeping or reporting requirements on State or local 
governments, individuals, businesses, or organizations. OMB has 
reviewed and approved the information collection requirements 
associated with special use permits and assigned OMB Control No. 1018-
0102. We may not conduct or sponsor and you are not required to respond 
to a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    We have analyzed this proposed rule in accordance with the criteria 
of the National Environmental Policy Act (42 U.S.C. 4321 et seq.). This 
proposed rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. An environmental 
assessment has been prepared and is available for review on-line at 
http://www.regulations.gov (see ADDRESSES), or upon request (see FOR 
MORE INFORMATION CONTACT).

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175 and the Department 
of the Interior's manual at 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian Tribes and have determined that 
there would be no effects.

Energy Supply, Distribution, or Use

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Because this proposed 
rule is not a significant

[[Page 36505]]

regulatory action under Executive Order 12866, and it would only 
require vessels to proceed at slow or idle speeds or avoid no-entry 
areas in 530 acres of waterways in Florida, it is not expected to 
significantly affect energy supplies, distribution, and use. Therefore, 
this action is not a significant energy action, and no Statement of 
Energy Effects is required.

Data Quality Act

    In developing this proposed rule, we did not conduct or use a 
study, experiment, or survey requiring peer review under the Data 
Quality Act (Pub. L. 106-554).

References Cited

    For a list of the references cited in this rule, see Docket No. 
FWS-R4-ES-2011-0079, available at http://www.regulations.gov.

Author

    The primary author of this document is Jim Valade (see ADDRESSES).

Authority

    The statutory 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, as amended 
(16 U.S.C. 1361 et seq.).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record keeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend 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 Sec.  17.104 by revising paragraph (b) to read as follows:


Sec.  17.104  Prohibitions.

* * * * *
    (b) Manatee refuge. It is unlawful for any person within a 
particular manatee refuge to engage in any waterborne activity which 
has been specifically prohibited within that refuge, or to engage in 
any waterborne activity in a manner contrary to that permitted by 
regulation within that area. Any take of manatees under the Acts (see 
Sec.  18.3 of this chapter for a definition of ``take'' in regard to 
marine mammals), including take by harassment, is prohibited wherever 
it may occur.
* * * * *
    3. Amend Sec.  17.108 by:
    a. In paragraph (a)(3), removing the period at the end of the 
paragraph and adding in its place a comma and the words ``to be known 
as the Magnolia Springs Manatee Sanctuary.'';
    b. In paragraph (a)(4), removing the period at the end of the 
paragraph and adding in its place a comma and the words ``to be known 
as the Buzzard Island Manatee Sanctuary.'';
    c. In paragraph (a)(5), removing the period at the end of the 
paragraph and adding in its place a comma and the words ``to be known 
as the Tarpon Springs Manatee Sanctuary.'';
    d. In paragraph (a)(6), removing the period at the end of the 
paragraph and adding in its place a comma and the words ``to be known 
as the Warden Key Manatee Sanctuary.'';
    e. Revising paragraph (b) to read as set forth below; and
    f. Adding paragraph (c)(14) to read as set forth below:


Sec.  17.108  List of designated manatee protection areas.

* * * * *
    (b) Exceptions. (1) Adjoining property owners, their guests, 
employees, and their designees may engage in watercraft access and 
property maintenance activities through manatee sanctuaries (set forth 
in paragraphs (a)(1) through (a)(11) of this section) and designated 
``no entry areas'' in the Kings Bay Manatee Refuge (set forth in 
paragraph (c)(14) of this section). Use of sanctuary and no-entry area 
waters is restricted to authorized individuals accessing adjoining 
properties, storing watercraft, and maintaining property and waterways. 
Maintenance activities include those actions necessary to maintain 
property and waterways, subject to any Federal, State, and local 
government permitting requirements.
    (2) Authorized individuals must obtain a sticker or letter of 
authorization from the Fish and Wildlife Service identifying them as 
individuals authorized to enter no-entry areas that adjoin their 
property. Stickers must be placed in a conspicuous location to readily 
identify authorized watercraft. Individuals with a letter of 
authorization must have a valid letter in their possession when 
accessing no-entry areas.
    (3) Authorized individuals must conduct any authorized boating 
activity within these areas at idle or no-wake speeds.
* * * * *
    (c) * * *
    (14) The Kings Bay Manatee Refuge. A tract of submerged land that 
includes all waters of Kings Bay, including all tributaries and 
adjoining waterbodies, upstream of the confluence of Kings Bay and 
Crystal River, described by a line that bears North 53[deg]00'00'' East 
(True) from the northeasternmost point of an island on the 
southwesterly shore of Crystal River (approximate latitude 
28[deg]53'32'' North, approximate longitude 82[deg]36'23'' West) to the 
southwesternmost point of a peninsula of Magnolia Shores (approximate 
latitude 28[deg]53'38'' North, approximate longitude 82[deg]36'16'' 
West).
    (i) Area covered. The Kings Bay Manatee Refuge encompasses existing 
manatee protection areas as described in paragraphs (a)(1) through 
(a)(7) of this section, and areas outside these sections as depicted on 
the map in paragraph (c)(14)(ii) of this section.
    (ii) Particular areas. The following springs fall within the 
boundaries of the Kings Bay Manatee Refuge. A map showing the entire 
refuge, including these springs, follows:
BILLING CODE 4310-55-P

[[Page 36506]]

[GRAPHIC] [TIFF OMITTED] TP22JN11.066

BILLING CODE 4310-55-C
    (A) Three Sisters Springs. A tract of submerged land, lying in 
Section 28, Township 18 South, Range 17 East, Tallahassee Meridian, 
Citrus County,

[[Page 36507]]

Florida, more particularly described as follows: For a point of 
reference, commence at the northwest corner of said Section 28 in an 
east southeast direction to the canal that begins on the west side of 
Southeast Cutler Spur Boulevard and runs west-northwest to Kings Bay. 
The spring is north and east of the northern terminus of Southeast 
Paradise Avenue along the northern shore of said canal. Three Sisters 
Springs includes three main and numerous smaller spring vents and a 
spring run that connects the vents to said canal in Crystal River, 
Citrus County, Florida. This area is not the same as set forth in 
paragraph (a)(7) of this section. This area is behind the sanctuary 
(north from the mouth of the channel) as set forth in paragraph (a)(7) 
of this section and no one may enter this area from November 15 through 
March 31 between the hours of 6:00 p.m. and 7:00 a.m.
    (B) House Spring. A tract of submerged land, lying in Section 21, 
Township 18 South, Range 17 East, Tallahassee Meridian, Citrus County, 
Florida, more particularly described as follows: For a point of 
reference, commence at the southwest corner of said Section 21 in an 
east northeast direction to the northeasternmost corner of Hunter 
Spring Run. The spring is immediately west of and adjacent to Northeast 
2nd Court in Crystal River, Citrus County, Florida.
    (C) Jurassic Spring. A tract of submerged land, lying in Section 
21, Township 18 South, Range 17 East, Tallahassee Meridian, Citrus 
County, Florida, more particularly described as follows: For a point of 
reference, commence at the southwest corner of said Section 21 in an 
east northeast direction to the eastern shore of Hunter Spring Run. The 
spring is immediately west of the western terminus of Bayshore Drive in 
Crystal River, Citrus County, Florida.
    (D) Idiot's Delight Number 2 Spring. A tract of submerged land, 
lying in Section 28, Township 18 South, Range 17 East, Tallahassee 
Meridian, Citrus County, Florida, more particularly described as 
follows: For a point of reference, commence at the northwest corner of 
said Section 28 in an east southeast direction to the canal that begins 
on the west side of Southeast Cutler Spur Boulevard and runs west-
northwest to Kings Bay. The spring is north and east of the northern 
terminus of Southeast Paradise Avenue along the northern shore of said 
canal just east of the southern terminus of the Three Sisters Springs 
run in Crystal River, Citrus County, Florida.
    (iii) Speed restrictions. Throughout the entire year, watercraft 
speeds are restricted to slow speed throughout the refuge except in 
those areas where access is precluded (manatee sanctuaries, no entry 
areas) or more restrictive speed restrictions are in effect.
    (iv) Time and area prohibitions. From November 15 to March 31, all 
waterborne activities, including swimming, diving (including skin and 
scuba diving), snorkeling, water skiing, surfing, fishing (including 
with hook and line, by cast net, or spear), and the use of water 
vehicles (including but not limited to boats powered by engine, wind or 
other means; ships powered by engine, wind or other means; barges, 
surfboards, personal watercraft, water skis, and any other devices or 
mechanisms capable of locomotion on, across, or underneath the surface 
of the water) are prohibited in areas that are outside of and within 
specified distances from the existing manatee sanctuaries located in 
Kings Bay (defined in paragraphs (a)(1) through (a)(7) of this section) 
and the springs defined in paragraph (c)(14)(ii) of this section: Three 
Sisters Springs, House Spring, Jurassic Spring, and Idiot's Delight 
Number 2 Spring.
    (v) Expanded temporary no-entry area. When manatees exceed the 
capacity of an existing manatee sanctuary or shift usage around an 
existing manatee sanctuary or shift usage to Three Sisters Springs, 
House Spring, Jurassic Spring, and Idiot's Delight Number 2 Spring, due 
to water or weather conditions, we will designate ``no entry'' areas 
from November 15 through March 31. Designations of no-entry areas 
around existing manatee sanctuaries and Three Sisters Springs, House 
Spring, Jurassic Spring, and Idiot's Delight Number 2 Spring within the 
Kings Bay Manatee Refuge will be made based on aerial survey 
observations of manatees using the existing sanctuary sites, current 
weather information, and other sources of credible, relevant 
information. We could designate no-entry areas around one or all of the 
manatee sites in Kings Bay depending on the winter season. We will 
designate no-entry areas within the Kings Bay Manatee Refuge and 
outside of existing manatee sanctuaries as follows:
    (A) For the sanctuaries set forth in paragraphs (a)(1) through 
(a)(6) of this section, to a distance not to exceed 100 feet from the 
existing sanctuary boundary.
    (B) For the Three Sisters Springs Sanctuary, to a distance not to 
exceed 400 feet from the existing boundary. We do not intend to 
completely mark off the manmade channel. Expansions could occur 
directly around the existing sanctuary and north into the area locally 
known as Three Sisters Springs.
    (C) For House Spring and Jurassic Spring, an area that does not 
exceed 100 feet from the associated spring vents.
    (D) For Idiot's Delight Number 2 Spring, an area that does not 
exceed 25 feet from the associated spring vent. Any temporary 
designation will be configured to avoid the manmade channel in the 
canal and will not block access into Three Sisters Springs.
    (vi) Temporary no-entry areas. Temporary no-entry area designations 
may be made in the existing manatee sanctuaries located in Kings Bay 
(defined in paragraphs (a)(1) through (a)(7) of this section), Three 
Sisters Springs, House Spring, Jurassic Spring, and Idiot's Delight 
Number 2 Spring prior to November 15 and after March 31 during cold 
fronts when manatees are present. Designations will remain in effect 
for the duration of a cold front and only when manatees are present; 
temporary no-entry area designations will remain in effect for no 
longer than 14 days.
    (vii) Posting of additional protection areas. Additional protection 
areas within the Kings Bay Manatee Refuge, but outside of the existing 
manatee sanctuaries set forth in paragraphs (a)(1) through (a)(7) of 
this section and around Three Sisters Springs, House Spring, Jurassic 
Spring, and Idiot's Delight Number 2 Spring, will be posted to 
distances as described in paragraph (c)(14)(v) of this section and 
identified by the following devices: buoys, float lines, signs, 
advisories from onsite Service employees and their designees, or other 
methods.
    (viii) Notifications. When waterborne activities pose an immediate 
threat to aggregations of manatees and are likely to take one or more 
manatees, additional protection areas outside of existing manatee 
sanctuaries set forth in paragraphs (a)(1) through (a)(7) of this 
section and around Three Sisters Springs, House Spring, Jurassic 
Spring, and Idiot's Delight Number 2 Spring, but within the Kings Bay 
Manatee Refuge will be posted to distances as described in paragraph 
(c)(14)(v) of this section. No-entry area designations will occur 
immediately. We will advise the public of designations through public 
notice(s) announcing and describing the measures in a local newspaper 
and other media, including but not limited to, local television and 
radio broadcasts, Web sites and other news outlets, as soon as time 
permits. Onsite Service employees and their designees, when

[[Page 36508]]

present, may also inform waterway users of designations.
    (ix) Prohibited activities. We specifically identify and prohibit 
the activities set forth in this paragraph to prevent the take of 
manatees by individuals engaged in waterborne activities while in the 
water, in boats, or on-shore within the Kings Bay Manatee Refuge. In 
regard to these prohibited activities, we consider a resting manatee to 
be a mostly motionless manatee on the water bottom, in the water 
column, or on the water's surface that rises to the surface to breath. 
While resting, a manatee may make minor changes in its posture and may 
slightly shift its position. Minor changes in posture occur when 
resting manatees breathe or roll. Resting manatees may also make slight 
movements with their flippers or tail to compensate for drift, etc. 
Prohibited activities include:
    (A) Chasing or pursuing manatee(s).
    (B) Disturbing or touching a resting or feeding manatee(s).
    (C) Diving from the surface on to resting or feeding manatee(s).
    (D) Cornering or surrounding or attempting to corner or surround a 
manatee(s).
    (E) Riding, holding, grabbing, or pinching or attempting to ride, 
hold, grab, or pinch a manatee(s).
    (F) Poking, prodding, or stabbing or attempting to poke, prod, or 
stab a manatee(s) with anything, including your hands and feet.
    (G) Standing on or attempting to stand on manatee(s).
    (H) Separating a mother and calf or attempting to separate a mother 
and calf.
    (I) Separating manatee(s) from a group or attempting to separate 
manatee(s) from a group.
    (J) Giving manatee(s) anything to eat or drink or attempting to 
give manatee(s) anything to eat or drink.
    (K) Actively initiating contact with belted and/or tagged 
manatee(s) and associated gear, including any belts, harnesses, 
tracking devices, or antennae.
    (L) Interfering with rescue and research activities.
    (M) Using mooring and float lines that can entangle manatees.

    Dated: June 10, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-15603 Filed 6-21-11; 8:45 am]
BILLING CODE 4310-55-P