94-11343. Endangered and Threatened Wildlife and Plants; Final Rule To Establish Additional Manatee Protection Areas in Kings Bay, Crystal River, Florida  

  • [Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-11343]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 12, 1994]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    U.S. Fish and Wildlife Service
    
    50 CFR Part 17
    
    RIN 1018-AB74
    
     
    
    Endangered and Threatened Wildlife and Plants; Final Rule To 
    Establish Additional Manatee Protection Areas in Kings Bay, Crystal 
    River, Florida
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
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    SUMMARY: This final rule establishes three additional permanent manatee 
    (Trichechus manatus) sanctuaries and expands an existing sanctuary in 
    Kings Bay, Crystal River, Florida. All waterborne activities will be 
    prohibited in these sanctuaries from November 15 through March 31 of 
    each year. This final action will prevent the taking of manatees by 
    harassment resulting from waterborne activities during the winter 
    months. The total number of sanctuaries in Kings Bay is increased from 
    three (10.7 acres) to six (39.0 acres) to accommodate the growing 
    number of manatees using the area each winter, and to offset the 
    harassment from increasing public use. This action is taken under the 
    authority of the Endangered Species Act of 1973, as amended, and the 
    Marine Mammal Protection Act of 1972.
    
    EFFECTIVE DATE: June 13, 1994.
    
    ADDRESSES: The complete file for this rule is available for inspection, 
    by appointment, during normal business hours at the U.S. Fish and 
    Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville, 
    Florida 32216.
    
    FOR FURTHER INFORMATION CONTACT: Robert O. Turner at the above address, 
    904/232-2580; or Vance Eaddy, Senior Resident Agent, U.S. Fish and 
    Wildlife Service, 9721 Executive Center Dr., Suite 206, St. Petersburg, 
    Florida 33702, 813/893-3651.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Crystal River is a short tidal river on the west coast of Florida. 
    Forming the headwaters of Crystal River is Kings Bay, a lake-like body 
    of water fed by many freshwater springs. These springs, because of 
    their year-round temperature of over 74 deg. F, provide an essential 
    warm-water wintering area for West Indian manatees (Trichechus 
    manatus), a federally listed endangered species.
        During cold weather, many of the manatees wintering in Kings Bay 
    congregate in an area known as the main spring or Kings Spring, located 
    just south of Banana Island. This location is also a favorite site for 
    skin and scuba divers, who come to Kings Bay for the clear, calm 
    conditions favorable for learning diving techniques, coupled with the 
    opportunity to ``swim with the manatees''. Diver use of this area is 
    especially heavy during the cold winter months when diving is 
    impractical through most of the northern states, and when the 
    opportunity for manatee encounters is greatest.
        The concurrent use of the main spring area by divers and manatees 
    during cold weather creates a problem for manatees. Manatees are shy, 
    harmless creatures that are easily driven away from warm springs by 
    human activity (Buckingham 1990).
        A limited number of manatees (about 15) used the springs in the 
    1970's prior to the establishment of the Banana Island Sanctuary. They 
    seemed to tolerate and even enjoy some human contact. These ``tame'' 
    manatees readily approached divers and allowed themselves to be petted 
    and lightly scratched (Hartman 1979, Powell and Rathbun 1984). By 1980, 
    the number of manatees wintering in the bay had increased to just over 
    100. This increase was greater than could be accounted for by 
    reproduction, so it was apparent that some manatees were immigrating 
    from other areas (Powell and Rathbun 1984). The number of manatees that 
    chose to interact with the public increased only slightly.
        Concern for the welfare of the manatees in Kings Bay increased, 
    culminating in 1980 when the first manatee sanctuaries were 
    established. The authority to establish manatee protection areas, 
    either refuges or sanctuaries, is provided by the Endangered Species 
    Act of 1973, as amended, and the Marine Mammal Protection Act, and is 
    codified at 50 CFR 17, Subpart J. Under Subpart J, the Director may 
    establish, by regulation, manatee protection areas whenever he or she 
    determines there is substantial evidence that there is imminent danger 
    of a taking (including harassment) of one or more manatees, and that 
    such establishment is necessary to prevent such a taking. This 
    regulation allows the U.S. Fish and Wildlife Service to regulate 
    activities in state waters to protect an endangered species.
        In 1983 the Crystal River National Wildlife Refuge was created to 
    protect manatees from any potential negative impacts of human 
    activities. The refuge owns Banana Island, Warden Key and Buzzard 
    Island in Kings Bay, a house on the eastern shore currently being used 
    as the headquarters, and some other properties in the area.
        Manatee use of Kings Bay during winter months now exceeds 240 
    animals (FWS unpublished data). A majority of manatees currently using 
    the spring do not tolerate close human contact and leave the warmer 
    spring waters when humans approach too closely. Research conducted 
    during the 1988-89 winters indicated manatees spend a disproportionate 
    amount of their time in sanctuaries, in direct relationship to the 
    number of boats present, regardless of weather conditions (Buckingham 
    1990).
        Efforts have been made to make divers, snorklers, and boaters aware 
    of the manatee harassment problem. Visitors have been instructed 
    through posters, brochures, and by dive shop personnel that they should 
    not aggressively pursue manatees or drive them from the springs. Most 
    visitors to King's Bay have been very cooperative in this regard. While 
    most visitors conscientiously avoid outright harassment, many seek the 
    manatees out, approaching them to observe and even pet them. Although a 
    few manatees tolerate and occasionally invite attention, most appear to 
    find these interactions intolerable and alter their behavior 
    accordingly. At times, the large number of humans concentrated in this 
    relatively confined area forces all the manatees to seek less 
    disturbing conditions.
        The largest manatee aggregations on Florida's west coast are found 
    during winter months on the ledges surrounding the refuge's main 
    spring. Manatees often collect there in the evenings and remain 
    throughout the early morning hours. When few divers are present and 
    those few are quiet, manatees usually linger around the main boil, 
    particularly in colder weather. However, on days when divers arrive in 
    force soon after sunrise, those manatees least able to tolerate human 
    crowding begin leaving the spring and move into the sanctuaries. As 
    greater numbers of divers arrive, more manatees leave (FWS unpublished 
    data). On days when the temperatures of the surrounding waters are not 
    excessively cold, this may not be critical, although it still alters 
    the manatee's natural behavior. On days when surrounding water 
    temperatures are below 68 deg. F it presents a potentially serious 
    problem.
        Although some manatees can tolerate limited exposure to waters as 
    cold as 56.3 deg. F (13.5 deg. C) (Hartman, 1979) others become 
    lethargic and cease feeding at temperatures less than in 68 deg. F 
    (20 deg. C) water (Campbell and Irvine 1981). Carcasses recovered 
    following major cold events showed atrophy of fat, emaciation, and an 
    absence of food in the gastrointestinal tract with no sign of disease; 
    characteristics consistent with death from hypothermia. Manatees appear 
    unable to increase heat production through metabolic activity 
    sufficient to counter losses to the environment. Manatees are tropical 
    warm-water mammals. They feed on low-energy forage and have high 
    thermal conductance and exceptionally low metabolic rates (only 15 to 
    22 percent of predicted values based on body size) (Irvine 1983). 
    Florida is at the northern limit of their winter range.
        Subadult manatees appear to be especially susceptible to death from 
    hypothermia. This is probably a combination of their larger surface to 
    volume ratio and their lack of experience in finding thermal refuges. 
    The length of time a manatee can tolerate cold water before its health 
    is compromised depends on its condition--a factor which cannot easily 
    be measured on free-ranging manatees. Experiments on Amazonian manatees 
    (T. inunguis) showed that underweight, nutritionally stressed, and 
    fasting mammals have a drastically lowered capacity for heat production 
    (Scrimshaw et al. 1968, Chandra and Newberne 1977:127-176).
        During an extreme cold event in 1990, several manatees died in 
    Brevard County, Florida. These manatees sought thermal refuge at the 
    warm-water discharge from an electrical power generating plant on the 
    Banana River. Although the discharge raised the temperature of the 
    water approximately 10 deg. F, under those extreme conditions, it was 
    insufficient to keep them alive. There is probably no thermal refuge in 
    Florida warm enough to guarantee the health of all resident manatees 
    during an extremely cold winter.
        Crystal River National Wildlife Refuge is probably the best of the 
    thermal refuges and undoubtedly the only one capable of supplying all 
    the needs for over 200 manatees through the winter. The springs are fed 
    by underwater artesian springs deep under the insulating surface of the 
    earth, holding the temperature constant. Unlike industrial discharges, 
    this natural water source is not subject to mechanical breakdowns or 
    power failures. Unlike most artificial refuges, a readily available 
    food source is available close by and in abundant supply. Bengtson 
    (1981) observed manatees remaining in thermal refuges for up to a week 
    without feeding during cold spells. It appears it was more energy 
    efficient for them to fast rather than risk feeding in colder waters. 
    In Crystal River, fasting is probably rarely necessary for long 
    periods, and the enormous outflow from the springs can moderate the 
    temperature of much of the bay, depending on tidal and wind factors.
        If left alone, manatees would use the resources of Kings Bay 
    according to their individual needs. However, research has shown that 
    the presence of boaters and divers causes manatees to leave the spring 
    heads in favor of the sanctuaries regardless of weather conditions. On 
    days when there is low diver turnout, a greater proportion of manatees 
    remain in the springs (Buckingham 1990). Observations of other 
    wintering areas, such as Blue Spring State Park, show that, left to 
    their own devices, most manatees will remain in warm water throughout 
    the day during cold weather periods. Activities that cause manatees to 
    leave a natural thermal refuge can, therefore, be considered 
    ``harassment'' because those activities interfere with normal 
    ``sheltering'' habits of the animal. Harassment of manatees is a 
    violation of both the Endangered Species Act and the Marine Mammal 
    Protection Act.
        Currently, manatees are able to move away from divers by going into 
    three sanctuaries, Banana Island, Sunset Shores, and Magnolia Springs, 
    established in 1980. The Banana Island sanctuary is located near the 
    main spring, Kings Spring, and is relatively warm in relation to 
    surrounding waters. Sunset Shores sanctuary is still within the 
    southern part of the bay and provides a feeding and resting area in 
    fairly warm water. The Magnolia Springs sanctuary is located in a canal 
    development adjacent to Kings Bay and contains a smaller spring. Since 
    1980, the number of manatees using Kings Bay has increased from 100 to 
    246 in 1990. Although it might appear from the increasing numbers of 
    manatees that additional protection is not needed, this is not the 
    case. As manatee habitat is lost elsewhere on the Florida peninsula, 
    Kings Bay is becoming more important. Kings Bay is one of the last 
    natural warm-water areas with abundant food resources. Additional 
    sanctuaries are essential to insure adequate undisturbed natural areas 
    in Kings Bay where manatees may meet their needs, including warm water, 
    food, and areas for resting and socializing.
        The economic importance of Kings Bay and especially the refuge's 
    main spring to Crystal River and Citrus County centers around 
    recreational SCUBA diving, snorkeling and boating. The area is 
    internationally known as a desirable location for winter diving. The 
    presence of manatees creates a special attraction which dive shop 
    owners exploit by advertising their facilities as a place where one can 
    ``swim with the manatees''. The tourism industry created by divers 
    coming to Crystal River is significant and total sales at five dive 
    shops and three motels more than doubled between 1980 and 1986, with 
    the ``manatee season'' accounting for 28 to 53 percent of their sales 
    for the entire year (Milon in prep). Due in part to national and 
    international publicity manatees have received in recent years, the 
    number of divers visiting Kings Bay has increased to about 60,000-
    80,000 in the winter of 1990-91, double the number in 1980 (FWS 
    unpublished data). This rapid increase in popularity is likely to 
    continue, significantly affecting manatees.
        The Service intends to provide manatees needed winter protection 
    without adversely affecting diving and other waterborne activities so 
    important to Crystal River's economy. Aerial survey data available on 
    manatee distribution within Kings Bay suggest that strategically placed 
    manatee sanctuaries could provide manatees warm-water refugia and 
    feeding and resting areas free from harassment without causing a major 
    disruption of current recreational patterns (Kochman et al. 1985, 
    Buckingham 1990). It is important to note that, although a few local 
    business people feared losses of revenue following the implementation 
    of the sanctuary additions, no evidence of any losses have been 
    observed during the 2 years the sanctuaries were in effect under 
    emergency rules.
        Therefore, the Service, by this rule, is expanding the sanctuary 
    area in Kings Bay to provide manatees additional undisturbed habitat 
    during the cold weather months. These sanctuaries will exclude all 
    waterborne activities by humans from November 15 through March 31 each 
    year. The total sanctuary area, consisting of less than 10 percent of 
    the area of Kings Bay, allows the remaining 90 percent of the bay to 
    remain open to recreational and commercial waterborne activities. The 
    sanctuary areas were carefully selected to provide maximum protection 
    for manatees and minimum impact on divers. Public input into the 
    selection of sanctuary areas was obtained during a workshop held in 
    Crystal River on March 21, 1991. The Service believes that, given these 
    added refugia, manatees will not be forced to leave the warm water 
    necessary for their survival and will be able to feed, rest, and 
    socialize without being harassed.
        The sanctuary addition at Magnolia Springs adds 1.5 acres to the 
    previous Magnolia Springs Sanctuary. This short, horseshoe-shaped 
    section of canal joins a canal that feeds directly into Kings Bay. The 
    addition extends the protected area around a significant artesian 
    spring within the original sanctuary, providing additional protection 
    for the small but consistent number of manatees, most notably cows and 
    calves, that use the area for giving birth, resting, and as a warm-
    water refuge.
        The sanctuary on the north and east sides of Buzzard Island 
    contains 18.0 acres of shallow grassbeds along the northwestern edge 
    and down the length of the east side of Buzzard Island. This area is 
    primarily used by manatees as a feeding area. It has limited value as a 
    warm-water sanctuary but contains abundant vegetation within a short 
    distance from the warm waters in the southern part of Kings Bay.
        The sanctuary at Tarpon Springs contains 4.6 acres along the 
    northwestern side of Banana Island. This sanctuary contains a small 
    spring and is used by manatees as a thermal refuge, feeding, and 
    resting area.
        The 4.0-acre sanctuary on the north side of Warden Key provides a 
    protected feeding area close to the warm-water sanctuaries in the south 
    bay.
        A standard survey of the sanctuary areas has been performed. The 
    new areas will be delineated with buoys, as are existing sanctuaries.
    
    Summary of Comments and Recommendations
    
        A public workshop, advertised in the Citrus County Chronicle, was 
    held on March 21, 1991 to allow local citizens and other interested 
    parties the opportunity to discuss the pros and cons of different 
    sanctuary locations. A number of the alternatives discussed at the 
    workshop were described in the Service's draft Environmental Assessment 
    supporting the Finding of No Significant Impact that was approved by 
    the Regional Director on August 23, 1991. The sanctuaries as they 
    appear in this rule were selected on the basis of known use by 
    manatees, availability of resources, and minimal impact on recreational 
    use patterns and homeowners. These sanctuaries were implemented for two 
    successive winters, 1991-2 and 1992-3, by two separate emergency rules 
    (57 FR 5988 and 58 FR 5643) when completion of the rulemaking process 
    was delayed. Legal notices were published in the ``Citrus County 
    Chronicle'' prior to the implementation of the emergency rules, and 
    each emergency rule offered the Environmental Assessment for review by 
    members of the public. The proposed rule, published in the Federal 
    Register of May 13, 1993 (58 FR 28381), offered a public hearing, if 
    requested, and announced a public comment period to end July 12, 1993. 
    Following several requests for a public hearing, a notice was published 
    in the Federal Register of June 28, 1993 (58 FR 34556) to announce a 
    hearing and extension of the comment period. The hearing was held July 
    15, 1993, at the Coastal Region Library in Crystal River and the 
    comment period was extended until July 30, 1993, to allow time for 
    written comments to be received following the hearing.
        At the July 15, 1993, hearing, a clear majority of the verbal 
    comments and small minority of the written comments consisted of 
    statements opposing either Federal regulations on recreational use of 
    Kings Bay and the Crystal River National Wildlife Refuge in general, 
    and/or the procedures used to implement the sanctuaries. Few people at 
    the hearing addressed the sanctuary issue directly and there were 
    several misconceptions as to what the rule would include. Many 
    expressed a fear that future regulations would either eliminate or so 
    discourage recreational boating that the local economy would be 
    negatively impacted. Many speakers believed the preferences of local 
    citizens and local political representatives should have been given 
    more weight. Others feared that future regulations would include 
    closing of the refuge, including the main spring. Although nearly every 
    speaker expressed affection for, or at least acceptance of, manatees in 
    Kings Bay, many believed manatee protection areas should not be 
    implemented in Kings Bay if they interfered with their ``right'' to use 
    public waterways. A few people questioned the soundness of the decision 
    to increase manatee protection, although most also indicated they were 
    not aware of or had not read the research study reports. Many were not 
    aware that a public workshop had been held early in the process and 
    believed the final rule was already in effect. Although one person 
    suggested redrawing one corner of the Buzzard Island Sanctuary to avoid 
    funnelling boats into a narrow channel, none of the negative commenters 
    offered any alternative methods to protect manatees from harassment and 
    a few questioned whether there was any need.
        Copies of the proposed rule were provided at the hearing to clear 
    up some commonly held misconceptions. For example, a petition of 230 
    legible signatures protested against ``the closing down of Kings Bay 
    for the Manatees for a period of 8 months per year.''Because the rule 
    would prohibit boats from only a small percentage of the bay (the total 
    sanctuary area comprises less than 10 percent of the bay and leaves all 
    the boating channels and the main spring open), and because the period 
    they would be in effect is only 4\1/2\ months each year, it is likely 
    these people had confused the dates of the seasonal county speed zone 
    regulations with the shorter sanctuary season. Others may have had the 
    same misconception.
        Supportive comments were in the minority at the hearing but 
    constituted a large majority of written comments received. Unlike the 
    hearing, which mostly represented only Citrus County residents, two-
    thirds of the written comments came from Florida residents outside 
    Citrus County. Five letters were received from people who spoke at the 
    hearing and wished to reiterate or clarify their point of view. One 
    comment came from out-of-state. Of all the comments received, 74 
    individuals and 12 state and national organizations, including national 
    and local chapters of the Audubon Society, Sierra Club, and the Humane 
    Society, specifically stated they support the sanctuaries. Many 
    supporters suggested additional manatee protection was needed. One-
    third recommended a ban on night diving. Others recommended allowing 
    only passive observation of manatees. Some people favored expanding the 
    sanctuaries system further either by adding a sanctuary south of Warden 
    Key, extending the season to an earlier date, or creating corridors 
    between sanctuaries. Emphasis centered on the southern and eastern 
    parts of the bay where manatee aggregations are largest and most 
    consistent. Save the Manatee Club and the Citrus County-based Friends 
    of the Manatee proposed a time-sharing plan that prohibited public use 
    of the refuge (including the main spring) during extended cold periods 
    based on air and/or water temperatures. Friends of the Manatee also 
    recommended enlarging the Banana Island Sanctuary, implementing a boat-
    free, swimming and diving area, and a diver-free manatee corridor 
    between sanctuaries. Both organizations also recommended a ban on night 
    diving and allowing only passive observation of manatees. There were 
    two recommendations for a permit system similar to that used in other 
    refuges to limit the number of divers using the refuge's main spring.
        Many people on both sides of the sanctuary issue, expressed the 
    need for additional law enforcement effort to monitor not only the 
    sanctuaries, but the speed zones, and to prevent manatee harassment by 
    divers and snorklers. There was also a clear consensus that an 
    intensive public education campaign would play a key role in preventing 
    intentional and unintentional harassment of manatees. The Crystal River 
    Chamber of Commerce appealed to the audience that regardless of the 
    outcome of the sanctuary issue, government, conservation groups, and 
    citizens should work together to educate and inform the tens of 
    thousands of visitors who visit the area each year of how to interact 
    with manatees in a safe and appropriate manner.
        Although, there were a number of general comments opposing Federal 
    regulation of recreational use of Kings Bay and the Crystal River 
    National Wildlife Refuge and procedures used to implement the 
    sanctuaries, very few people expressed specific concerns about the 
    sanctuaries.
        After considering all the comments received, the Service concludes 
    that the additional sanctuaries are needed to accommodate the increase 
    in the number of manatees using the area each winter, and to offset 
    harassment from increasing public use and that no changes to the 
    proposed rule are necessary or warranted. Additional sanctuaries are 
    essential to insure adequate undisturbed natural areas in Kings Bay 
    where manatees meet their needs, including warm water, food and areas 
    for resting and socializing. The sanctuaries were carefully selected to 
    provide maximum benefits for manatees and minimum impact on human 
    recreational activities in Kings Bay.
        The Crystal River National Wildlife Refuge in its 1993 Public Use 
    Management Plan addressed many of the concerns of those recommending 
    additional manatee protection around the main spring by (1) expanding 
    the Banana Island sanctuary to coincide with the refuge boundary while 
    establishing a ``swim only'' access corridor to the spring itself from 
    November 15 to March 31, (2) prohibiting accessing to the spring during 
    night hours from 7 p.m. to 7 a.m. during the winter, and (3) 
    coordinating commercial establishments catering to refuge visitors 
    through a special use permit system to ensure the consistency of 
    visitor educational and resource interpretation.
    
    References Cited
    
    Buckingham, C.A. 1989. Crystal River National Wildlife Refuge public 
    use survey report. Technical Report No. 37. Fla. Coop. Fish & Wildl. 
    Res. Unit. University of Florida, Gainesville. 61 pp.
    Buckingham, C.A. 1990. Manatee response to boating activity in a 
    thermal refuge. MS Thesis. University of Florida, Gainesville, Fla. 
    84 pp.
    Campbell, H.W., and A.B. Irvine. 1981. Manatee mortality during the 
    unusually cold winter of 1976-1977. pages 86-91 in R.L. Brownell, 
    Jr., and K. Ralls, eds. The West Indian manatee in Florida. Fla. 
    Dep. Nat. Resour., Tallahassee.
    Irvine, A.B. 1983. Manatee metabolism and its influence on 
    distribution in Florida. Biol. Conserv. 25:315-334.
    Kochman, H.I., G.B. Rathbun and J.A. Powell. 1985. Temporal and 
    spatial distribution of manatees in Kings Bay, Crystal River, 
    Florida. J. Wildl. Manage. 49(4):921-924.
    Hartman, D.S. 1979. Ecology and behavior of the manatee (Trichechus 
    manatus) in Florida. Am. Soc. Mamm. Special Publ. No. 5. 153 pp.
    Milon, W. In prep. Economic activity associated with recreational 
    diving in Kings Bay, Crystal River, Florida.
    Powell, J.A. and G.B. Rathbun. 1984. Distribution and abundance of 
    manatees along the northern coast of the Gulf of Mexico. Northeast 
    Gulf Sci. 7:1-28.
    
    Regulatory Flexibility Act and Executive Order 12866
    
        This rulemaking was not subject to Office of Management and Budget 
    review under Executive Order 12866. These changes will not have a 
    significant economic effect on a substantial number of small entities 
    under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Based on 
    the information discussed in this final rulemaking, it is not expected 
    that significant economic impacts would result. Also, no direct costs, 
    enforcement costs, information collection, or recordkeeping 
    requirements are imposed on small entities by this final rulemaking. 
    Further, the final rule contains no recordkeeping requirements as 
    defined by the Paperwork Reduction Act of 1990.
    
    National Environmental Policy Act
    
        The Environmental Assessment prepared in conjunction with this rule 
    is on file in the Service's Jacksonville Field Office, 6620 Southpoint 
    Drive South, Suite 310, Jacksonville, Florida 32216. It may be examined 
    by appointment during regular business hours. This assessment forms the 
    basis for a decision that this is not a major Federal action which 
    would significantly affect the quality of the human environment within 
    the meaning of section 102(2)(C) of the National Environmental Policy 
    Act of 1969.
    
    Author
    
        The primary author of this final rule is Robert O. Turner, Manatee 
    Coordinator (see Addresses section above).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, Transportation.
    
    Regulation Promulgation
    
        Subpart J of part 17, subchapter B of chapter I, title 50 of the 
    Code of Federal Regulations, is amended as follows:
        1. The authority citation of Part 17 continues to read as follows:
    
        Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
    4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
    
        2. Amend Sec. 17.108, List of designated manatee protection areas, 
    by revising paragraphs (a)(3), (a)(4), (a)(5), and (a)(6), removing 
    paragraph (a)(7), and revising the map at the end of this section to 
    read as follows:
    
    
    Sec. 17.108  List of designated manatee protection areas.
    
        (a) * * *
        (3) A tract of submerged land, lying in Sections 21 and 28, 
    Township 18 South, Range 17 East in Citrus County, Florida, more 
    particularly described as follows: All of the submerged land lying 
    within the mean high water line of a canal bordering the western, 
    northern, and eastern sides of Paradise Isle Subdivision, as 
    recorded in Plat Book 3, Page 88 of the Public Records of Citrus 
    County, Florida; bounded at the western exit by a line drawn between 
    the southwestern corner of Lot 7 of said Paradise Isle Subdivision 
    and the southeastern corner of Lot 22 of Springs O'Paradise 
    Subdivision, Unit No. 3, as recorded in Plat Book 3, Page 70 of said 
    Public Records; and bounded at the eastern exit by an easterly 
    extension of the south boundary of said Paradise Isle Subdivision; 
    Containing 3.4 acres, more or less.
        (4) A tract of submerged land, lying in Sections 28 and 29, 
    Township 18 South, Range 17 East in Citrus County, Florida, more 
    particularly described as follows: For a point of reference, 
    commence at the southwest corner of said Section 28; Then go N 
    06 deg.01'23'' W for 4466.90 feet to a 10-inch diameter concrete 
    monument marking the Point of Beginning; Then go N 10 deg.05'38'' W 
    for 477.32 feet to a 10-inch diameter concrete monument with an 
    attached buoy; Then go N 37 deg.34'41'' E for 651.07 feet to a 10-
    inch diameter concrete monument with an attached buoy; Then go S 
    73 deg.26'46'' E for 634.10 feet to a 10-inch diameter concrete 
    monument with an attached buoy; Then go S 17 deg.50'16'' E for 
    1691.53 feet to a 10-inch diameter concrete monument with an 
    attached buoy; Then go S 71 deg.48'58'' W for 117.87 feet to a 10-
    inch diameter concrete monument with an attached buoy; Then continue 
    S 71 deg.48'58'' W for 5 feet more or less to the mean high water 
    line of Buzzard Island; Then follow said mean high water line 
    northerly and westerly to a point lying S 10 deg.05'38'' E of the 
    point of beginning; Then go N 10 deg.05'38'' W for 5 feet more or 
    less to the point of beginning; Containing 18.0 acres, more or less.
        (5) A tract of submerged land, lying in Section 28, Township 18 
    South, Range 17 East in Citrus County, Florida, more particularly 
    described as follows: For a point of reference, commence at the 
    southwest corner of said Section 28; Then go N 28 deg.55'06'' E for 
    2546.59 feet to a 4-inch diameter iron pipe marking the Point of 
    Beginning; Then go N 44 deg.23'41'' W for 282.45 feet to a 10-inch 
    diameter concrete monument with an attached buoy; Then go N 
    33 deg.53'16'' E for 764.07 feet to a 10-inch diameter concrete 
    monument with an attached buoy; Then go S 31 deg.51'55'' E for 
    333.22 feet to a 4-inch diameter iron pipe; Then continue S 
    31 deg.51'55'' E for 5 feet more or less to the mean high water line 
    of Banana Island; Then go westerly along said main high water line 
    to a point lying S 44 deg.23'41'' E from the point of beginning; 
    Then go N 44 deg.23'41'' W for 5 feet more or less to the point of 
    beginning; Containing 4.6 acres, more or less.
        (6) A tract of submerged land, lying in Section 28, Township 18 
    South, Range 17 East in Citrus County, Florida, more particularly 
    described as follows: For a point of reference, commence at the 
    southwest corner of said Section 28; Then go N 06 deg.43'00'' E for 
    1477.54 feet to a 10-inch diameter concrete monument marking the 
    Point of Beginning; Then go N 06 deg.24'59'' W for 251.66 feet to a 
    10-inch diameter concrete monument with an attached buoy; Then go N 
    65 deg.41'12'' E for 637.83 feet to a 10-inch diameter concrete 
    monument with an attached buoy; Then go S 55 deg.40'52'' E for 
    272.86 feet to a 10-inch diameter concrete monument; Then continue S 
    65 deg.15'06'' W for 857.22 feet to the point of beginning; 
    Containing 4.0 acres, more or less.
    * * * * *
    BILLING CODE 4310-55-P
    
    TR12MY94.006
    
    
    BILLING CODE 4310-55-C
        Dated: March 28, 1994.
    George T. Frampton Jr.,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 94-11343 Filed 5-11-94; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
05/12/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-11343
Dates:
June 13, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 12, 1994
RINs:
1018-AB74
CFR: (1)
50 CFR 17.108