Wednesday, August 6, 2003

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Establishment of Three Additional Manatee Protection Areas in Florida; Final Rule

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DEPARTMENT OF THE INTERIOR Hayek, 1986), live in freshwater, for the Atlantic Stock due to an adult brackish, and marine habitats in coastal survival rate that was lower than the Fish and Wildlife Service and inland waterways of the rate necessary to sustain population southeastern United States. The growth. The MPSWG believed that this 50 CFR Part 17 majority of the population can be found region had likely been growing slowly RIN 1018–AJ06 in Florida waters throughout the year, in the 1980s, but then may have leveled and nearly all manatees use the waters off or even possibly declined. They Endangered and Threatened Wildlife of peninsular Florida during the winter considered the status of the Atlantic and Plants; Establishment of Three months. The manatee is a cold- Stock to be ‘‘too close to call.’’ This Additional Manatee Protection Areas in intolerant species and requires warm finding was consistent with high levels Florida water temperatures generally above 20 of human-related and, in some years, °Celsius (68 °Fahrenheit) to survive cold-related deaths in this Stock. AGENCY: Fish and Wildlife Service, during periods of cold weather. During Regarding the Southwest Stock, the Interior. the winter months, most manatees rely MPSWG acknowledged that further data ACTION: Final rule. on warm water from industrial collection and analysis would be discharges and natural springs for necessary to provide an assessment of SUMMARY: We, the Fish and Wildlife warmth. In warmer months, they the manatee’s status in this region. Service (Service), establish three expand their range and occasionally are Preliminary estimates of adult survival additional manatee protection areas in seen as far north as Rhode Island on the available to the MPSWG at that time Florida. This action is authorized under Atlantic Coast and as far west as Texas indicated that the Southwest Stock was the Endangered Species Act of 1973, as on the Gulf Coast. similar to the Atlantic Stock and amended (ESA), and the Marine ‘‘substantially lower than [the adult Status of the Florida Manatee Mammal Protection Act of 1972, as survival estimates] for the Northwest amended (MMPA), to further recovery Long-term studies, as described and Upper St. Johns Regions.’’ The of the Florida manatee (Trichechus below, suggest that there are four Southwest Stock was cited as having manatus latirostris) by preventing the relatively distinct regional populations had high levels of watercraft-related taking of one or more manatees. We are of manatees in Florida—(a) The deaths and injuries and natural designating areas in Lee, Duval, Clay, St. Northwest Region, along the Gulf of mortality events (i.e., red tide and severe Johns, and Volusia counties as manatee Mexico from Escambia County east and cold). refuges in which certain waterborne south to Hernando County; (b) the Recent information suggests that the activities will be regulated. Specifically, Upper St. Johns River Region, consisting overall manatee population has grown watercraft will be required to operate at of Putnam County from Palatka south to since the species was listed in 1967 (50 either slow speed or not more than 40 Lake and Seminole counties; (c) the CFR 17.11). Based on data provided at kilometers per hour (km/h) (25 miles Atlantic Region, consisting of counties the April 2002 Manatee Population per hour) in areas described in the rule. along the Atlantic coast from Nassau Ecology and Management Workshop, we We also announce the availability of a County south to Miami-Dade County believe that the Northwest and Upper final environmental assessment for this and that portion of Monroe County St. Johns River stocks are approaching action. adjacent to the Florida Bay and the demographic benchmarks established in DATES: Effective date: This rule is Florida Keys; and counties along the the Florida Manatee Recovery Plan effective September 5, 2003. lower portion of the St. Johns River (Service, 2001) for reclassification from Compliance date: Mandatory north of Palatka, including Putnam, St. endangered to threatened status. We compliance with this rule will occur Johns, Clay and Duval counties; and (d) also believe that the Atlantic Stock is when appropriate signage has been the Southwest Region, consisting of relatively close to meeting the installed in the regulated areas. counties along the Gulf of Mexico from downlisting benchmark for adult Pasco County south to Whitewater Bay ADDRESSES: The complete file for this survival, and is close to meeting or rule is available for inspection, by in Monroe County. We have concluded exceeding other demographic criteria. that these groups meet the criteria for appointment, during normal business We are less optimistic, however, designation as separate stocks, per the hours at the Jacksonville Field Office, regarding the Southwest Stock. MMPA (67 FR 69081, November 14, U.S. Fish and Wildlife Service, 6620 Although data are still insufficient or 2002). lacking to compare the Southwest Southpoint Drive, South, Suite 310, Despite significant efforts dating back Jacksonville, Florida 32216. Stock’s status to the downlisting/ to the late 1970s and early 1980s, delisting criteria, preliminary data for FOR FURTHER INFORMATION CONTACT: scientists have been unable to develop adult survival and modeling results David Hankla, Peter Benjamin, Stefanie a useful means of estimating or indicate that this stock is below the Barrett, or Jim Valade (see ADDRESSES monitoring trends in the size of the benchmarks established in the recovery section), telephone 904/232–2580; or overall manatee population in the plan, and may be experiencing a visit our Web site at http:// southeastern United States (O’Shea, population decline. northflorida.fws.gov. 1988; O’Shea et al., 1992; Lefebvre et al., Although we are optimistic about the SUPPLEMENTARY INFORMATION: 1995). In 2001, the Manatee Population potential for recovery in two out of the Status Working Group (MPSWG) four regions, it is important to clarify Background provided a statement summarizing what that in order to downlist or delist the The West Indian manatee is federally they believed to be the status of the manatee, pursuant to the ESA, all four listed as an endangered species under Florida manatee at that time (Wildlife regions must simultaneously meet the the ESA (16 U.S.C. 1531 et seq.) (32 FR Trust, 2001). The MPSWG stated that, appropriate criteria as described in the 4001) and the species is further for the Northwest and Upper St. Johns Florida Manatee Recovery Plan (Service, protected as a depleted stock under the River stocks, available evidence 2001). In addition to meeting the MMPA (16 U.S.C. 1361–1407). Florida indicated that there had been a steady demographic criteria established in the manatees, a native subspecies of the increase in animals over the last 25 recovery plan, in order for us to West Indian manatee (Domning and years. The statement was less optimistic determine that an endangered species

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has recovered to a point that it warrants to harass, hunt, capture, or kill any State, the introduction of marine debris, reclassification to threatened or removal marine mammal. Harassment is defined and other, more general disturbances. from the List of Endangered and under the MMPA as any act of pursuit, The number of watercraft-related Threatened Wildlife and Plants, the torment, or annoyance which—(i) Has deaths each year continues to rise. The species’ status must have improved to the potential to injure a marine mammal following is an excerpt from an analysis the point at which the current or marine mammal stock in the wild; or conducted by the U.S. Geological classification is no longer appropriate (ii) has the potential to disturb a marine Survey’s Biological Resources Division under the threat-based listing factors set mammal or marine mammal stock in the (USGS–BRD) for our recent efforts to out in section 4(a)(1) of the ESA. That wild by causing disruption of behavioral promulgate incidental take regulations is, threats to the species must be patterns, including, but not limited to, for manatees pursuant to the MMPA. reduced or eliminated such that the migration, breathing, nursing, breeding, ‘‘There has been an increasing trend in species no longer fits the definition of feeding, or sheltering. watercraft-related mortality in all four endangered, if reclassifying to Human use of the waters of the stocks over the past decade. This is threatened, or threatened, for delisting. southeastern United States has reflected in increases in the average While suggestions of increasing manatee increased dramatically as a result of annual number of watercraft-related population size are very encouraging, residential growth and increased mortalities as the period over which the there has been no confirmation that visitation in this region. This average is taken becomes more recent. significant threats to the species, phenomenon is particularly evident in For instance, in the Atlantic Stock, the including human-related mortality, the State of Florida. The human mean observed mortality due to injury, and harassment, and habitat population of Florida has grown by 146 watercraft was 25.8 per year for the alteration, have been reduced or percent since 1970, from 6.8 million to period 1990 to 1999, 29.8 per year for eliminated to the extent that the Florida 16.7 million residents (U.S. Census the period 1993 to 2002, and 37.0 per manatee may be reclassified from Bureau, 2003), and is expected to year for the most recent 5-year period. endangered to threatened status. exceed 18 million by 2010, and 20 This trend is statistically significant in Accordingly, the Third Revision of the million by 2020. According to a report all four stocks. The slope of the increase Florida Manatee Recovery Plan (Service, by the Florida Office of Economic and (as fit to the period 1992 to 2002) does 2001) establishes criteria for Demographic Research (2000), it is not differ between the Upper St. Johns downlisting and delisting the Florida expected that, by 2010, 13.7 million and Northwest stocks (5.96 percent), nor manatee under the relevant threat people will reside in the 35 coastal does it differ between the Atlantic and factors in section 4(a)(1) of the ESA. counties of Florida. In a parallel fashion Southwest regions (9.53 percent). To Pursuant to our mission, we continue to to residential growth, visitation to interpret these rates of increase, assess this information with the goal of Florida has increased dramatically. It is however, it is important to compare meeting our manatee recovery expected that Florida will have 83 them to the historic growth rates (1990 objectives. million visitors annually by 2020, up to 1999) in each stock, to account for the from 48.7 million visitors in 1998. In increase in watercraft-related mortalities Threats to the Species concert with this increase of human that would be expected due to increases Human activities, and particularly population growth and visitation is the in manatee population size. In the waterborne activities, are resulting in increase in the number of watercraft that Atlantic and Southwest stocks, the rate the take of manatees. Take, as defined travel Florida waterways. In 2002, of increase in watercraft-related by the ESA, means to harass, harm, 961,719 vessels were registered in the mortality over that period far pursue, hunt, shoot, wound, kill, trap, State of Florida (Florida Division of outstripped the estimated growth rate of capture, collect, or to attempt to engage Highway Safety and Motor Vehicles, those populations (by 8.5 percent in the in any such conduct. Harm means an act 2003). This represents an increase of 59 Atlantic and 10.6 percent in the which kills or injures wildlife (50 CFR percent since 1993. The Florida Southwest). In the Northwest stock, the 17.3). Such an act may include Department of Community Affairs rate of increase in mortality (6.0 significant habitat modification or estimates that, in addition to boats percent) is somewhat larger than the degradation that kills or injures wildlife belonging to Florida residents, between estimated growth rate (3.6 percent). In by significantly impairing essential 300,000 and 400,000 boats registered in the Upper St. John’s stock, the increase behavioral patterns, including breeding, other States use Florida waters each in boat-related mortality can be feeding, or sheltering. Harass includes year. completely explained by the estimated intentional or negligent acts or Increases in the human population increase in the population size. omissions that create the likelihood of and the concomitant increase in human The continuing increase in the injury to wildlife by annoying it to such activities in manatee habitat compound number of recovered dead manatees an extent as to significantly disrupt the effect of such activities on manatees. throughout Florida has been interpreted normal behavioral patterns, which Human activities in manatee habitat as evidence of increasing mortality rates include, but are not limited to, breeding, cause direct and indirect effects to (Ackerman et al., 1995). From 1976 to feeding, or sheltering (50 CFR 17.3). manatees. Direct effects include injuries 1999, the number of carcasses collected The MMPA sets a general and deaths from watercraft collisions, in Florida increased at a rate of 5.8 moratorium, with certain exceptions, on deaths from water control structure percent per year, and deaths caused by the take and importation of marine operations, lethal and sublethal watercraft strikes increased by 7.2 mammals and marine mammal products entanglements with recreational and percent per year (Service, 2002). (section 101(a)) and makes it unlawful commercial fishing gear, and alterations Because the manatee has a low for any person to take, possess, of behavior due to harassment. Indirect reproductive rate, a decrease in adult transport, purchase, sell, export, or offer effects can result from habitat alteration survivorship due to any cause, to purchase, sell, or export, any marine and destruction, such as the creation of including watercraft collisions, could mammal or marine mammal product artificial warm water refuges, decreases contribute to a long-term population unless authorized. Take, as defined by in the quantity and quality of warm decline (O’Shea et al., 1985). It is section 3(13) of the MMPA means to water in natural spring areas, changes in believed that a 1 percent change in adult harass, hunt, capture, or kill, or attempt water quality in various parts of the survival likely results in a

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corresponding change in the rate of These activities have accounted for 124 Corps of Engineers alleging violations of population growth or decline manatee deaths since 1978, an average the ESA, the MMPA, the National (Marmontel et al., 1997). Accordingly, of more than 4 deaths per year. As with Environmental Policy Act, and the the Service is continuing to assess, and watercraft-related mortalities, these Administrative Procedure Act. Four take steps to reduce, significant causes deaths also appear to be increasing, with groups representing development and of mortality to manatees. 40 of these deaths occurring from 1998 boating interests intervened. Following Collisions with watercraft are the to 2002 (an average of 8 deaths per year extensive negotiations, the suit was largest cause of human-related manatee over the last 5 years). resolved by a Settlement Agreement deaths. Data collected during manatee dated January 5, 2001. On October 24, Manatee Protection Areas carcass salvage operations in Florida 2001, the plaintiffs filed a Formal Notice indicate that 1,145 manatees (from a To minimize the number of injuries of Controversy alleging that the Service total carcass count of 4,545) are and deaths associated with watercraft had violated provisions of the confirmed victims of collisions with activities, we and the State of Florida Settlement Agreement. On April 17, watercraft (1978 to 2002). This number have designated manatee protection 2002, the plaintiffs filed an Expedited may underestimate the actual number of areas at sites throughout coastal Florida Motion to enforce the Settlement watercraft-related mortalities, since where conflicts between boats and Agreement, and on July 9, 2002, the many of the mortalities listed as manatees have been well documented Court found that the Service had not ‘‘undetermined causes’’ show evidence and where manatees are known to fulfilled its settlement requirements to of collisions with vessels and because frequently occur. These areas include designate refuges and sanctuaries not all carcasses are found. Collisions posted signs to inform the boating throughout peninsular Florida. On with watercraft comprise approximately public about restrictions and August 1, 2002, and November 7, 2002, 25 percent of all manatee mortalities prohibitions. We are enhancing existing the Court ordered the Federal since 1978. Approximately 75 percent of protection by establishing three defendants to show cause why they all watercraft-related manatee mortality additional manatee refuges in five should not be held in contempt for has taken place in 11 Florida counties Florida counties. violating the Court’s orders of January 5, (Brevard, Lee, Collier, Duval, Volusia, Federal authority to establish 2002, January 17, 2002, and August 1, Broward, Palm Beach, Charlotte, protection areas for the Florida manatee 2002. To resolve these controversies, the Hillsborough, Citrus, and Sarasota) is provided by the ESA and the MMPA, plaintiffs and Federal defendants (Florida Fish and Wildlife and is codified in 50 CFR, part 17, entered into a Stipulated Order wherein Commission’s (FWCC) Florida Marine subpart J. We have discretion, by we agreed to submit to the Federal Research Institute (FMRI) Manatee regulation, to establish manatee Register for publication a proposed rule Mortality Database, 2003). The last 5 protection areas whenever substantial for the designation of the additional years have been record high years for evidence shows such establishment is manatee protection areas in the the number of watercraft-related necessary to prevent the taking of one or Caloosahatchee River in Lee County; the mortalities. more manatees (that is, to harass, harm, lower St. Johns River in Duval, St. The second largest cause of human- pursue, hunt, shoot, wound, kill, trap, Johns, and Clay Counties; and the related manatee mortality is entrapment capture, collect, or to attempt to engage Halifax and Tomoka Rivers in Volusia in water control structures and in any such conduct). In accordance County, on or before March 31, 2003, navigation locks (FWCC: FMRI Manatee with 50 CFR 17.106, areas may be and a final decision on the proposed Mortality Database, 2003). Manatees established on an emergency basis when rule on or before July 31, 2003. The may be crushed in gates and locks or such takings are imminent. proposed rule was submitted to the may be trapped in openings where flows We may establish two types of Federal Register on March 31, 2003, prevent them from surfacing to breathe. manatee protection area—manatee and published on April 4, 2003 (68 FR Locks and gates were responsible for refuges and manatee sanctuaries. A 16602). This notice constitutes the final 164 manatee deaths from 1978 to 2002, manatee refuge, as defined in 50 CFR rule and was submitted to the Federal or approximately 4 percent of all deaths 17.102, is an area in which we have Register on July 31, 2003. during this period. While there are no determined that certain waterborne well-defined patterns characterizing activities would result in the taking of Site Selection Process and Criteria these mortalities, it is believed that one or more manatees, or that certain In order to establish a site as a periods of low rainfall increase the waterborne activities must be restricted manatee protection area, we must likelihood of manatees being killed in to prevent the taking of one or more determine that substantial evidence these structures. These periods require manatees, including but not limited to, shows such establishment is necessary more frequent, large-scale movements of a taking by harassment. A manatee to prevent the take of one or more water, which require more frequent gate sanctuary is an area in which we have manatees. We reviewed the sites openings and closings in areas that determined that any waterborne activity referenced in the Stipulated Order and attract manatees searching for fresh would result in the taking of one or determined that the proposed sites met water. We have been working, through more manatees, including but not this test. This was based on aerial an interagency task force, with various limited to, a taking by harassment. A survey and telemetry data, mortality Federal and State agencies to retrofit waterborne activity is defined as (carcass recovery) data, additional these structures with reversing including, but not limited to, information from FMRI and the U.S. mechanisms that prevent manatee swimming, diving (including skin and Geological Survey’s Sirenia Project, crushings. scuba diving), snorkeling, water skiing, manatee experts, and our best Manatees are also affected by other surfing, fishing, the use of water professional judgment. The areas human-related activities. Impacts vehicles, and dredge and fill activities. designated in this final rulemaking are resulting from these activities include those that we have determined, based deaths caused by entrapment in pipes Relationship to Manatee Lawsuit on the best currently available data and and culverts; entanglement in ropes, On January 13, 2000, several the public comments received, should lines, and nets; ingestion of fishing gear organizations and individuals filed suit be designated as manatee refuges. or debris; vandalism; and poaching. against the Service and the U.S. Army Where the final designations differ from

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the proposal, we have determined that Slow speed (channel included) means Comment 1: Several commentors, either alternative or existing measures that the slow-speed designation applies including the FWCC, suggested that the are sufficient to protect manatees (see to the entire marked area, including Service does not have the resources to ‘‘Summary of Comments and within the designated channel. enforce these additional zones. They are Recommendations’’ and ‘‘Summary of Exceptions to slow speed restrictions concerned that lack of enforcement will Changes From the Proposed Rule’’ are contained in 50 CFR 17.105 and result in the new zones being less below). include activities ‘‘* * * reasonably protective than the existing zones. The necessary to prevent the loss of life or FWCC also expressed concern that, in Effective Date property due to weather conditions or areas where Federal and State speed This rule is effective 30 days after the other reasonably unforeseen zones overlap, enforcement by State law date of this publication and once the circumstances, or to render necessary enforcement officers may be manatee protection areas are marked assistance to persons or property’’. complicated. and posted. Wake means all changes in the Response 1: We are fully committed to implementing these protection areas, Definitions vertical height of the water’s surface caused by the passage of a watercraft, including enforcement of these areas The following terms are defined in 50 including a vessel’s bow wave, stern upon posting. However, we are very CFR 17.108. We present them here to wave, and propeller wash, or a aware of the fact that compliance is aid in understanding this rule. combination of these. critical to the effectiveness of manatee Planning means riding on or near the protection area regulations and that Summary of Comments and water’s surface as a result of the compliance is facilitated, in large part, Recommendations hydrodynamic forces on a watercraft’s by enforcement. We are also aware that hull, sponsons (projections from the In the April 4, 2003, proposed rule (68 enforcement resources are limited at all side of a ship), foils, or other surfaces. FR 16602), we requested all interested levels of government, and that A watercraft is considered on plane parties to submit factual reports or cooperation among law enforcement when it is being operated at or above the information that might contribute to the agencies is needed to maximize speed necessary to keep the vessel development of a final rule. We effectiveness of limited resources. We planing. published legal notices announcing the know that State and local law enforcement agencies have many Slow speed means the speed at which proposal, inviting public comment, and enforcement mandates in addition to a watercraft proceeds when it is fully off announcing the schedule for public manatee protection and that it may be plane and completely settled in the hearings, in the Fort Myers News-Press, difficult for these agencies to make water. Watercraft must not be operated Daytona Beach News-Journal, Naples enforcement of Federal manatee at a speed that creates an excessive Daily News, Orlando Sentinel, Charlotte protection areas a high priority, wake. Due to the different speeds at Sun-Herald, Sarasota Herald-Tribune, particularly if they do not agree that the which watercraft of different sizes and Florida Times-Union, St. Augustine Federal designations are necessary or configurations may travel while in Record, and Clay Today. We held the appropriate. compliance with this definition, no public hearings at the Harborside We believe that local and State law specific speed is assigned to slow speed. Convention Hall in Fort Myers, Florida, enforcement improves compliance with A watercraft is not proceeding at slow on May 13, 2003; the Ocean Center in Federal designations and leads to more speed if it is—(1) On a plane, (2) in the Daytona Beach, Florida, on May 14, effective Federal rules. The final rule process of coming up on or coming off 2003; and at the University Center, has been designed to reflect the best of plane, or (3) creating an excessive University of North Florida, in available information regarding manatee wake. A watercraft is proceeding at slow Jacksonville, Florida, on May 15, 2003. and boating use of these waters, and was speed if it is fully off plane and Approximately 3,325 people attended also intended to address (to the extent completely settled in the water, not the public hearings. We received oral possible) State and local concerns plowing or creating an excessive wake. comments from 203 individuals. The regarding the proposed rule. We have Exceptions to slow speed restrictions comment period closed on June 3, 2003. attempted to make our designations are contained in 50 CFR 17.105 and In addition to soliciting comments consistent with existing regulations, include activities ‘‘* * * reasonably from the public, we solicited peer where possible, in order to minimize the necessary to prevent the loss of life or review comments from three boating public’s confusion and facilitate property due to weather conditions or independent experts in manatee signage, enforcement, and compliance, other reasonably unforeseen ecology, boating activity, and waterway while ensuring appropriate protection circumstances, or to render necessary regulation, from The Ocean for manatees. assistance to persons or property’’. Conservancy, Mote Marine Laboratories, Comment 2: Several commentors Slow speed (channel exempt) and the United States Coast Guard, believe that adoption of new zones at designates a larger area where slow respectively. Their comments and our this time is premature. The FWCC stated speed is required, through which a responses are summarized below. that they are currently studying the maintained, marked channel is exempt During the comment period, we zones in Lee and Duval Counties and from the slow speed requirement received approximately 5,931 written are currently collecting new data in (although the channel may also have a and oral comments concerning the Volusia County. Their report on Duval higher posted speed limit). Exceptions proposal. Most were form letters County is expected in November 2003. to slow speed restrictions are contained expressing support for the proposed The new data collection from Volusia in 50 CFR 17.105 and include activities designation; however, most substantive County is expected to be completed in ‘‘* * * reasonably necessary to prevent comments expressed concern or June 2004. the loss of life or property due to opposition to the proposed action. The Response 2: We have concluded that weather conditions or other reasonably following is a summary of the comments the actions identified in the final rule unforeseen circumstances, or to render received and our responses. Comments are warranted and prudent to undertake necessary assistance to persons or of a similar nature have been grouped at this time, and that sufficient property’’. together. information is currently available to

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support these designations. We spent on new rules to increase Federal Comment 8: One commentor stated recognize and support efforts to enforcement of existing manatee that our proposed rule ‘‘makes clear that continually evaluate and improve protection zones. there is a far more compelling basis for information regarding manatee Response 5: We agree that, in general, designating these areas as refuges than distribution and habitat use, boating enforcement of existing manatee existed for some of the other protected activity, and the effectiveness of existing protection areas can be more cost areas recently created by the Service.’’ regulations. But we also know perfect effective than establishment of new Response 8: In our previous information will never be available to areas. However, when substantial rulemakings (finalized in 2002) (67 FR definitively address all the issues that evidence shows that establishment of a 680–696 and 67 FR 68450–68489), we are raised by such rulemakings. We manatee protection area is necessary to established four criteria for selecting have attempted to design this final rule prevent the taking of one or more Federal manatee protection areas. The to address issues that we believe are manatees then designation of a manatee sites addressed in this final rule were necessary and appropriate to address at protection area may be a proper course evaluated against those criteria during this time, without hindering the State’s of action for us to take. Such a situation the previous rulemaking. They were not ability to make additional changes as exists for the areas designated by this selected because in 2002 we concluded needed in the future. In some areas rule. Notwithstanding this that, due to the earlier commitment of there is considerable overlap between determination, we would like to our limited resources to higher priority our final designations, existing State emphasize that we have increased our sites, we could not enact adequate regulations, and FWCC regulatory efforts to enforce existing Federal and protection measures at these sites and/ actions anticipated in the near future State manatee protection areas. or the State or local agencies were in a (e.g., the Halifax River). We are Comment 6: Although they do not better position to address concerns at committed to working with the FWCC to necessarily recommend it, the FWCC these sites. Per the Stipulated Order, we make necessary changes through the commented that, as an alternative to the made a commitment to reevaluate these rulemaking process at that time to our proposed rule, the Service could adopt sites. As a result of this reevaluation we manatee protection areas to ensure existing State zones, thereby eliminating have concluded that Federal action is consistency with State designations as any conflict between sign posting and warranted at portions of these sites at long as manatee protection is not enforcement issues. Further, adopting this time, and that we now have the the existing State zones as Federal zones compromised. If changes are beneficial capability to implement these actions. may provide more security to the zones and/or necessary, we may initiate Additionally, new information, such as by making legal challenges to the zones concurrent rulemaking with the FWCC FMRI’s 2002 Caloosahatchee River to ensure consistency with State- more difficult to mount. Response 6: In some cases we did study, was not available during the 2002 designated zones to meet this goal. rulemaking. Specifically, the study Comment 3: Several commentors this, but in some cases we believe that adoption of existing State zones would showed significant manatee use of the believe that implementation of Federal Redfish Point area of the river and that zones that are not consistent with the hinder State efforts to modify zones in manatees were likely crossing the river existing FWCC zones will confuse the future, and in some cases we at this point, as opposed to confining boaters, reduce compliance, and delay believed that additional protection for most of their movement to shoreline dissemination of educational material. manatees is needed at this time. Response 3: We have made our final Comment 7: One peer reviewer noted habitat as they appear to do in most of designations as consistent as possible that any manatee protection area with the Caloosahatchee River. We do not with existing regulations, in order to either a channel exempt, 25 mph in the agree with the commentor that these minimize boater confusion and enhance channel, or shoreline buffer designation designations are more important to compliance while ensuring appropriate should, in general, result in minimal manatee conservation than previous protection for manatees. We recognize impact to recreational boating (the Service actions. that, in those areas where these Federal reviewer acknowledges that recreational Comment 9: One commentor noted designations represent considerable boating activity varies widely from that the Service stated in the March 18, changes to the existing regulations, location to location, and some areas, as 2003, Stipulated Order and the educational material specific to those well as some commercial activities, may proposed rule that these zones were areas will need to be updated. be more significantly impacted than justified. Comment 4: The FWCC and other others). According to the peer reviewer’s Response 9: It is correct to say that we commentors believe that the Service studies, a vast majority of recreational had determined that portions of these could improve existing zones by boat traffic is already traveling between three large areas met the criteria for providing funds for improved signage of 20 and 30 mph. Additionally, very few designation as manatee protection areas. existing manatee protection zones. hull designs are not capable of The proposed rule depicts the Response 4: Appropriate signage is achieving and maintaining planing maximum extent of actions that were critical to effective implementation of speed at 25 mph. Therefore, slow-speed, determined to be potentially warranted manatee protection areas. For example, channel exempt (or 25 mph in the through the preliminary review we have long identified the inadequacy channel) seems to be a reasonably conducted during the negotiations of the signage of the current State effective management alternative in regarding the Stipulated Order. We put manatee protection zone on the St. areas where manatee use is well these sites out to the public as a Johns River as the primary deficiency of documented and there is a well defined, proposed rule in order to collect the existing regulations in this area. marked channel. information and data and have modified Establishment of Federal manatee Response 7: We agree with this the designations in this final rule to protection areas will make it easier for assessment, and as such believe that our reflect that analysis. us to devote Federal funding to signage final designations should result in Comment 10: One commentor stated in the areas designated. minimal adverse impacts on the boating that the Service ‘‘could refrain from Comment 5: The FWCC and other public, except in those limited areas in adopting the refuges only by commentors also believe that the which high-speed travel was previously demonstrating that scientific data not Service should/could have used funds allowed. previously available to the agency has

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somehow eliminated the need for the Response 12: We concur with the the species, including human-related refuges.’’ reviewer’s comment. We intend to mortality, injury, and harassment, and Response 10: We disagree with the design and implement sign plans that habitat alteration have been reduced or commentor. The Service would not have will clearly and effectively mark the eliminated * * *’’ (68 FR 16604). With agreed to propose the manatee new manatee protection areas to the anticipated continued human protection if we did not believe that facilitate public understanding and population growth and development of substantial evidence shows such compliance, as well as ensure the Florida and the recent increase in establishment is necessary to prevent enforceability of the zones. human-related manatee mortality, the taking of one or more manatees. Additionally, we intend to work with especially from collision with Nevertheless, our agreement in the State and local agencies to enforce these watercraft, there is cause for concern Stipulated Order to propose the zones. relative to manatee adult survival and protection areas was ‘‘based on the Comment 13: One peer reviewer species recovery. The need for current best available data’’ (Stipulation, concurred with the following additional manatee protection areas is ¶ 1) and the Service ‘‘retain[ed] its assumptions of this proposed rule—(1) underscored by these facts. discretion consistent with the information on the existence of four Response 15: We concur with the Administrative Procedure Act in subpopulations; (2) the difficulty of reviewer regarding the status of the reaching its final decision with respect reliably monitoring trends in the overall manatees in the Atlantic and Southwest to [the] manatee protection areas.’’ population; (3) the problems associated stocks. The Caloosahatchee River-San (Stipulation, ¶ 2) Numerous with using uncalibrated indices based Carlos Bay Manatee Refuge is located management options are available to on maximum counts at winter refuges; within the range of the Southwest Stock improve manatee protection, and we and (4) the lack of utility and reliability while the Lower St. Johns River could have concluded, after receiving of uncorrected counts as a basis for Manatee Refuge and Halifax and input from the interested parties, the assessing population estimates or Tomoka Rivers Manatee Refuge are both State, and other concerned citizens, that measuring trends in the population. located within the range of the Atlantic one of these other options would be These assumptions ‘‘reflect the views of Stock. As noted above, a variety of more effective in protecting manatees in [the] manatee scientific community, management and conservation options, these areas. including the consensus of the 2002 in addition to or in lieu of manatee Designation of manatee protection Manatee Population and Ecology protection areas, can and should be areas involves both scientific and Workshop panel of experts.’’ explored to improve the status of these Response 13: Comment noted. practical considerations. This final rule stocks. Comment 14: One peer reviewer Comment 16: One peer reviewer reflects the results of in-depth analysis stated that assessments, such as the stated that further explanation was of the areas, including careful determination that the Atlantic and needed regarding the Service’s evaluation of manatee and watercraft Southwest stocks are less stable than the assumption that designation of use information, site visits, coordination Crystal River (i.e., Northwest) and St. ‘‘manatee protection areas at sites * * * with State and local regulatory experts, Johns River stocks, are supported by where conflicts between boats and and review of public comments. This available scientific data. These manatees have been well documented’’ review revealed aspects of the available assessments indicate that the Atlantic should ‘‘minimize the number of scientific information that were not and Southwest stocks require additional injuries and deaths associated with fully considered during the management and conservation efforts. watercraft activities’’ (68 FR 16605). development of the proposed rule, as Response 14: We concur with the While the reviewer agrees with this well as many practical considerations reviewer regarding the need for assumption, she believes that a that were not factored into the original additional management and scientific basis for this assertion would analysis. conservation efforts in the Atlantic and better justify the rationale for Comment 11: Peer review comments Southwest stocks. We believe it is designating manatee protection areas to from the U.S. Coast Guard stated that important to note that management and minimize death and injury (for example, speed limit requirements (i.e., 25-mph conservation efforts include a variety of work by Mote Marine Laboratory and maximum allowable speed) are not options to improve or provide Brad Weigle using tethered and manned enforceable by the Coast Guard as they additional protection for manatees, such airships, respectively, and at the very do not have the equipment or training as enforcement, education, and least, anecdotal information from necessary to determine the speed of a improving the signage of existing zones. manatee researchers regarding manatee vessel. The designation of manatee protection response to watercraft). Response 11: Our Division of Law areas is only one of those options and Response 16: We concur. The Enforcement believes that a specific may not be the most beneficial or reviewer is correct in that, while no speed limit (e.g., 25 mph) is enforceable. appropriate management/conservation empirical studies specifically address Additionally, we have adopted a 25- tool in some areas or situations. this assumption, researchers have mph speed limit in several areas in Comment 15: One peer reviewer documented manatee response to order to be consistent with State noted that the current status of manatee oncoming boats. Manatee response to regulations. In our view, this will populations within the Atlantic and boats at distances of approximately 100 improve manatee protection in these Southwest stocks, while not critical or meters (328 feet) was documented in a areas by enhancing public in imminent danger at this time, study conducted in 1994 (Weigle et al., understanding and compliance. indicates that additional management 1994). Boat speeds during these Comment 12: Peer review comments and protection is warranted to expedite response trials varied between slow from the U.S. Coast Guard stated that recovery and to put safeguards in place speed and 48 km/h (30 mph). While no slow speed areas will be enforceable if as the human population in Florida specific behavior was observed for each zones are clearly and adequately continues to grow. The reviewer speed trial, researchers observed that marked. Otherwise, it will be difficult concurs with the Service’s assessment bottom-resting manatees did not for enforcement officers to document that ‘‘* * * there has been no respond to oncoming boats and that cases based on distance judgments. confirmation that significant threats to manatees observed surface resting or

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observed in shallows all responded to action is taken. In other words, our the Caloosahatchee are skewed toward the presence of approaching boats. A manatee protection area designations the shallower near-shore areas due to study conducted from 1999 to 2000 are intended to prevent take that we the flight path and observer and documented manatee response to expect may occur in the near future in availability bias. random boat traffic (Nowacek et al., the absence of such regulations. Response 22: We base our regulatory 2000). In each observation, manatees Comment 20: Several commentors determinations on the best available responded either by accelerating, suggest that the existing State and information. We cannot base our turning, or moving toward or into a Federal zones on the Caloosahatchee are determinations on speculation that nearby channel when approached by relatively new, and have so far been manatees occur in areas not identified boats. effective. Many of these commentors in the available data unless the data Studies further addressed response speculate that past manatee watercraft- show such inferences to be reasonable. times (Wells et al., 1999). ‘‘At an average related mortalities may have been For example, we have determined that initial response distance of 20 meters, related to fuel barges traveling the river improved manatee protection in the the animal has less than two seconds to to the power plant. These operations vicinity of the Cape Coral Bridge is respond to a planing vessel and about have now been greatly reduced. warranted. The data indicate that the seven seconds to respond to a vessel Response 20: Our analysis indicates Caloosahatchee River is used primarily approaching at slow speed’’ (Wells et that the existing zones in the as a travel corridor, and because aerial al., 1999). Based on these observations, Caloosahatchee River do in fact provide survey data indicate substantial manatee it is apparent that manatees will appropriate protection over most of the use upstream and downstream of the respond to the presence of oncoming areas on the river where manatees and Cape Coral Bridge, it is reasonable to boats and that their ability to watercraft are likely to interact. Our infer from these data that manatees do successfully do so is predicated on the final designation has targeted those regularly occur near the Cape Coral speed of the oncoming boat. As such, areas of the river and San Carlos Bay Bridge. Additional protection is protection areas that regulate boat where the best available information warranted due to the funneling effect of speeds should minimize the incidence indicates that the existing zones do not both watercraft and manatees that of manatee-boat encounters and, adequately protect manatees from high- bridges often cause. Conversely, the thereby, ‘‘the number of injuries and speed collisions. Additionally, our commentor provides no basis, nor can deaths associated with watercraft adoption of the existing shoreline buffer we identify one, for assuming that activities.’’ zones will enable us to devote Federal manatees make more extensive use of Comment 17: One peer reviewer funds to improving signage and the center portion of the river than is believes the section on ‘‘Relationship to enforcement. depicted in the available data. Manatee Lawsuit’’ is distracting to the Comment 21: One commentor noted Comment 23: With reference to the overall intent of the rule, unless there is that the most recently documented portion of the Caloosahatchee River a legal requirement for its inclusion. compliance rates on the Caloosahatchee from the Railroad Trestle to the Edison Response 17: The comment is noted; River are low. The commentor cited this Bridge, one peer reviewer noted that however, we believe it is important for as evidence that the existing regulations aerial survey and telemetry data appear the public to be aware of the lawsuit. are inadequate. Further, the commentor to indicate that manatees are distributed Comment 18: One peer reviewer stated that Lee County boater throughout this area, as opposed to suggested the addition of scale bars to compliance studies indicate the concentrating along the shoreline as the maps. majority of boaters travel outside speed- they appear to do in other areas of the Response 18: The final maps have restricted areas. The commentor river. The reviewer also noted that the been revised accordingly. concluded from this that manatees are seasonal component of the designation Comment 19: One peer reviewer being killed outside the existing zones may not be warranted, as telemetry and believed it would strengthen the rule and that the existing zones are therefore aerial data do no show a strong seasonal and the Service’s position to include a inadequate. bias. Furthermore, this area experiences timeframe on which the requirement of Response 21: The commentor does generally lower overall watercraft use. ‘‘preventing the take of one or more not indicate what percentage this Therefore, the reviewer believed that, manatees’’ is based. ‘‘majority’’ comprises, or the level of although the proposed protection area Response 19: The only specific boat traffic within the existing speed (i.e., slow speed in the channel from reference to a timeframe in our manatee zones. Neither does the commentor November 15 to March 31, 25-mph protection area regulations is in regard mention that, while it is true that maximum speed in the channel April 1 to establishment on an emergency basis vessels navigating the Caloosahatchee to November 14) is justified, allowing a if the anticipated taking is ‘‘imminent’’ River spend most of their time in the 25-mph maximum speed in the channel (50 CFR 17.106). That said, our unregulated center of the river, all year-round may be feasible and regulations state that the establishment vessels navigating this river must pass justifiable without posing a significant of manatee protection areas may occur through regulated waters at some point threat to manatees. Another peer if there is ‘‘substantial evidence’’ that in their journey. Therefore, the reviewer and other commentors also the action is necessary to prevent the statement is misleading. When the fact stated that it may be acceptable to leave taking of one or more manatees. While that all vessels on the river must travel the navigation channel as 25 mph year- not specific, this phrase strongly implies through manatee speed zones is round because this portion of the river that there is a proximate connection combined with the above-noted low has substantially less boat traffic than between our action (establishment of a levels of historic compliance, it is clear lower areas of the river. The FWCC manatee protection area) and the result that this high volume of (noncompliant) stated that manatees are most abundant (prevention of take). We interpret this to high-speed vessel traffic in existing between Channel Marker ‘‘23’’ and the mean that action may be warranted in zones is the most likely contributing railroad tressle. those areas where take is documented factor to manatee take in most parts of Response 23: Based on the comments and ongoing with sufficient regularity to the river. as well as a more thorough evaluation indicate that it is likely to continue in Comment 22: One commentor claims by our biologists, we have modified our the near future unless appropriate that the existing aerial survey data for proposed rule to better reflect the best

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available information regarding manatee Comment 25: With reference to the northwest and southeast of the Cape use of this area. The final rule portion of the Caloosahatchee River Coral Bridge, as with the Edison/ designates the portion of the from the Caloosahatchee Bridge to the Caloosahatchee Bridges area, peer Caloosahatchee River navigation Cape Coral Bridge, one peer reviewer reviewers noted that manatee sightings channel from the Seaboard Coastline noted that distribution and travel data are lower in this area than in other Railroad trestle downstream to Channel suggest that manatees remain close to portions of the river and may not Marker ‘‘25’’ to be slow speed in the the shoreline and away from the warrant the proposed slow speed channel from November 15 to March 31, channel. Requiring slow speed within (channel included) designation. and not more than 25 mph in the the 6-foot contour line would However, a year-round slow speed zone remainder of the year. encompass most of the aerial survey in this area may be warranted for other Aerial survey data indicate that sightings and is the depth at which reasons, such as travel through a manatees do occur throughout this manatees most frequently occur. This constrained area and/or boater safety. portion of the river throughout the year. depth also provides manatees the The FWCC and others stated that further However, the analysis of available data opportunity to escape from passing speed restrictions were not warranted in by FMRI (FWCC 2002) indicates that watercraft. In the Caloosahatchee River, the vicinity of this bridge. manatees are less likely to occur near most of the manatee sightings as well as Response 26: Even though manatees the navigation channel downstream of the 6-foot contour line appears to fall have not been sighted as frequently near the general area of Marker ‘‘25’’. This within 500 meters (1,640 feet) from the the bridge as in other portions of the generally coincides with the change in shore. From a scientific perspective, it river, because this portion of the river is the physiography of the river in this may be feasible to allow a 25-mph used primarily as a travel corridor it is area. The river narrows upstream of corridor from major access points to the reasonable to conclude that manatees channel Marker ‘‘25,’’ and Beautiful channel in waters deeper than 6 feet. sighted upstream and downstream of Island and other smaller islands act to Another peer reviewer indicated that this bridge regularly travel under the further constrict the river. This the proposed designations seem bridge. Therefore, it is logical to constriction explains the change in appropriate based on boating activity in conclude that manatees regularly occur manatee distribution at this point in the the area. The FWCC stated that data do in this area. We believe that, due to the river. Manatees are more likely to be not support expansion of the shoreline presence of causeways and pilings, found in and near the navigation buffer beyond the existing 0.25-mile many bridges, including the Cape Coral channel upstream of Marker ‘‘25’’ than width, but designation of the waters Bridge, create a funneling effect for both downstream. This fact, combined with between the existing buffer zones as 25- watercraft traffic and manatees. the above-referenced lower level of boat mph maximum speed would provide Therefore, we believe additional traffic in this portion of the river relative some potential reduction of risks to protection measures are warranted in to areas further downstream, led us to manatees. the vicinity of such bridges. Further, we conclude that the existing regulations Response 25: We generally agree with believe that the river beneath the Cape downstream of Marker ‘‘25’’ were the reviewers’ interpretation that Coral Bridge is sufficiently wide to sufficient, whereas increased protection manatee use data in this portion of the allow for the higher speed operation in is warranted between Marker ‘‘25’’ and river indicate that manatees travel along the navigation channel. As such, we the railroad trestle. the shoreline. We conducted a more have modified our proposal for this area Comment 24: With reference to the detailed review of the recent special from a shoreline-to-shoreline slow portion of the Caloosahatchee River study of the Caloosahatchee River by the speed zone. We will allow watercraft to from the Edison Bridge to the Florida Marine Research Institute proceed at not more than 25 mph in the Caloosahatchee Bridge, one peer (FWCC 2002), and it appears that the channel and slow speed outside the reviewer noted that manatee sightings majority of manatee use in this area channel from 500 feet upstream and 500 are lower in this area than in other occurs within the current 0.25-mile (402 feet downstream of the Cape Coral portions of the river and may not meters) shoreline buffer, a conclusion Bridge. warrant the proposed slow speed that is very similar to the peer Comment 27: With reference to the (channel included) designation. reviewer’s conclusions. Therefore, this portion of the Caloosahatchee River However, a year-round slow speed zone final rule adopts a 0.25-mile minimum southeast of the Cape Coral Bridge to in this area may be warranted for other shoreline buffer, as marked. Between Channel Marker ‘‘72,’’ comments reasons, such as travel through a the shoreline buffers, the maximum received were essentially the same as constrained area and/or boater safety. allowable speed will be 25 mph, those addressed in comment 25 due to Another peer reviewer stated that the including the channel, except where the the similarity of the proposed proposed rule seems appropriate for this channel occurs within 0.25 mile from designations. area, noting that the current slow speed the shoreline and watercraft are Response 27: See the response to restrictions are along the southern shore restricted to slow speed. comment 25. only, creating a situation where many While we agree that water depths of Comment 28: With reference to the boats ‘‘short-cut’’ the area by running on 6 feet or greater afford manatees greater portion of the Caloosahatchee River plane along the north shore. The FWCC opportunity to avoid collisions with from Channel Marker ‘‘72’’ to Channel stated that telemetry data, boat traffic watercraft, it does not appear that the 6- Marker ‘‘82,’’ one peer reviewer stated patterns, and the physical configuration foot contour line approximates manatee data indicate that manatees occur along of the downtown area may combine to distribution in this portion of the river, the shoreline as well as toward the make that area higher risk for manatees. as this contour extends a great distance channel in this portion of the river, with Response 24: We have carefully from shore in this area (particularly telemetry data indicating that animals reviewed the above comments and other from the western shoreline), whereas may be crossing the channel to get from public comments and concluded that manatee aerial survey data show one side of the river to the other at the proposed action is warranted in this manatee use concentrated closer Redfish Point (a relatively narrow area due to the reasons cited in our (generally within 0.25 mile) to shore. portion of the river). Therefore, the proposed rule and comments received Comment 26: With reference to the proposed rule for this portion of the from the FWCC and peer review. portion of the Caloosahatchee River river appears to be justified. Another

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peer reviewer believed that this in comment 25 due to the similarity of area to exclude the channel and an transition zone (requiring boaters to the proposed designations. adjacent buffer from the regulation. The change speeds as they enter and leave Response 29: See the response to configuration of the final rule provides this area) is not beneficial from a comment 25. protection of the grass beds near the boating perspective. A common Comment 30: With reference to the various keys in San Carlos Bay, without complaint among boaters is that there portion of the Caloosahatchee River disrupting established boating travel are too many changes in speed zones from Channel Marker ‘‘99’’ to the patterns. and that it is difficult for boaters to keep Sanibel Causeway, one peer reviewer Comment 31: With reference to the track of which zone they are in. noted that aerial survey data indicate portion of the St. Johns River from Although the river narrows slightly at that manatees use both the deep and Reddie Point to the Main Street Bridge, Redfish Point, this reviewer believed shallow water of this area and telemetry one peer reviewer noted that, based on there is not sufficient evidence to data show ‘‘manatee places and aerial survey data, manatee use of the suggest that boat traffic is significantly corridors,’’ particularly along the area supports the proposed rule. The more concentrated in this area. The eastern boundary of this area. While reviewer believes that the existing reviewer stated that, unless compelling allowing 25 mph in the deeper waters shoreline buffers are likely not evidence shows that there is an would provide relief for boaters, adequate. The FWCC and the City of increased risk to manatees in this area, manatee use of the area justifies Jacksonville stated that available data the shore-to-shore slow speed zone is inclusion of the area in the proposed indicate that the existing shoreline not necessary, and suggested modifying rule. Another peer reviewer noted that buffers are adequate in this area. The the zone to be consistent with zones this area experiences an extremely high FWCC also stated that the existing immediately upstream and downstream. volume of boat traffic at times, in fact, buffer zones would be easier to mark The FWCC noted that a variety of data so congested that travel speeds can be than the proposed designations. suggest that manatees may be at risk in self-limiting. The majority of the vessel Response 31: We have reevaluated the Redfish Point area of the river. We traffic remains in or near the marked this area and believe that, based on the also received many comments from the channel between Channel Marker ‘‘99’’ available data, our proposed rule for this boating public regarding the increased and the Sanibel Causeway. It may be portion of the St. Johns River is time needed to traverse the 1.9-mile acceptable, therefore, to retain a speed appropriate, with one exception. We slow speed zone we proposed to of 25 mph in the channel and slow have determined that the downstream establish at Redfish Point. Many speed outside of the channel in this boundary of this protection area should commentors recommended allowing for area. This area should be a priority for be moved upstream (south) to Channel high-speed travel in the marked enforcement and compliance initiatives. Marker ‘‘73’’ instead of Reddie Point. channel. The FWCC believes that regulation of We believe this revision is necessary Response 28: We concur with the the channel from marker ‘‘99’’ to the given the configuration of the river reviewers’ interpretation of the available Sanibel Causeway would increase risks relative to the marked navigation data regarding manatee movement to manatees because of potential channel. Downstream of Channel Maker patterns in the area of Redfish Point. changes in boat traffic patterns. The data ‘‘73’’ the river widens and curves. At Additionally, as the river narrows to suggest that additional manatee this point the navigation channel hugs approximately 1-half mile at Redfish protection zones should be considered the western shoreline. Such Point, we believe that manatees are at around Fisherman’s Key and Big Island. configuration is not intuitive and most higher risk of watercraft collision in this Several commentors noted that the boaters will tend to continue on a area. Because available evidence configuration of the proposed rule (slow straighter path up the middle of the indicates that manatees cross the river speed including the channel) would river, particularly if traveling upstream regularly at this point, we do not believe encourage boaters traveling between from Reddie Point. We agree with the it is appropriate to maintain a high- Sanibel Causeway and the FWCC that a clear and effective sign speed channel in this area. However, we Caloosahatchee River to travel up the plan in this portion of the river would did conduct a more detailed review of unregulated channel on the western side be difficult, at best, due to the channel the available data and concluded that of San Carlos Bay and through the configuration as well as water depth, sufficient manatee protection could be Intracoastal Waterway (ICW) east-west minimal existing signs, and the current achieved in this area by reconfiguring ‘‘Miserable Mile’’ channel. This would watercraft traffic in the areas (i.e., large and shortening the slow speed zone, as place more high-speed boat traffic in an ships, barges, and tug boats in addition reflected in the final rule. Our analysis area of San Carlos Bay that is heavily to recreational watercraft). We note the of aerial and telemetry data indicates used by manatees. Many commentors signage for the existing speed zones in that manatee use is greatest between expressed concern regarding our this area is inadequate to inform boaters Channel Markers ‘‘72’’ and ‘‘76.’’ We proposed regulation of the navigation of the location of the existing zones. have also attempted to address the channel at slow speed, due to the Overall, we believe that speed zones concern associated with the frequent resulting increase in travel time. that follow the marked navigation changes in designations along the river Response 30: We acknowledge that channel in this area will be easier for by maintaining a 25-mph corridor under the proposal for this area may have done boaters to understand, with the the Cape Coral Bridge and through the more harm than good for manatees exception of the above noted area channel between Channel Marker ‘‘99’’ utilizing the shallow seagrass flats of downstream of Channel Marker ‘‘73,’’ and the Sanibel Causeway. These San Carlos Bay because the high volume where we intend to work with the changes should make it easier for of traffic would likely be diverted to the FWCC regarding signage of the existing boaters to follow the designations as ‘‘Miserable Mile’’ channel where the zones. they navigate the river. manatees occur in the adjacent shallow Comment 32: With reference to the Comment 29: With reference to the seagrass flats. The diversion of a high portion of the St. Johns River from the portion of the Caloosahatchee River volume of watercraft traffic into an Main Street Bridge to the Fuller Warren from Channel Marker ‘‘82’’ to Channel already-congested channel may have Bridge, one peer reviewer noted that, Marker ‘‘93,’’ comments received were also created a human safety issue. We based on aerial survey data, manatee use essentially the same as those addressed have therefore modified this protection of this area is not notably higher than

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in other areas of the river. The sighting from the shoreline, but not more than Comment 37: One commentor stated data do not appear to justify the 900 feet in Doctors Lake, as marked. The that the submerged aquatic vegetation in establishment of a year-round slow intent is to mark the zones as close to the main stem of the St. Johns River speed zone in this portion of the river the 700-foot minimum as possible, but extends approximately 900 feet from the for manatee protection. However, the given the non-linear configuration of the shoreline and states further that this proposed rule may be warranted based shoreline in both the river and the lake, distance is variable. The commentor on other issues, such as constrained the maximum distance allows flexibility believed that the proposed shoreline waterways and/or boater safety. The to design an effective, understandable, buffer will improve manatee protection FWCC and others provided similar and enforceable sign plan. The Federal by expanding it and creating comments regarding this portion of the designation of this portion of the river consistency. The commentor claimed St. Johns River. and Doctors Lake will enable us to this expansion ‘‘from 300 to 1,000 feet Response 32: This area of the river is devote Federal funds to appropriately will only increase boater travel time by used as a travel corridor, and because marking this area. 1.6 minutes.’’ manatees are regularly sighted upstream Comment 34: Peer review comments Response 37: We believe that our final and downstream of this area, it is stated that the proposed rule in the St. designation, which designates a slow reasonable to conclude that they Johns River will be easier to post than speed shoreline buffer extending a regularly traverse this area. the existing configuration, which is minimum of 213 meters (700 feet) and Additionally, in this area the river beneficial because better signage a maximum of 305 meters (1,000 feet), narrows and curves and the presence of translates to better compliance and encompasses the area most used by many bridges in the downtown better protection. manatees and will have limited adverse Jacksonville area creates a funneling Response 34: We concur with the effects on boater use of the St. Johns effect for both watercraft traffic and reviewer and believe that the final rule, River. manatees. This combination of factors which is modified slightly from the Comment 38: With reference to the Halifax Creek from the Flagler/Volusia warrants implementation of additional proposed rule, will allow us to County line to Channel Marker ‘‘9,’’ manatee protection measures in this effectively post the new Federal peer review comments stated that area. manatee protection areas in the lower Comment 33: With reference to the manatees use this area as a travel St. Johns River. We note that the portion of the St. Johns River upstream corridor and have little room to navigate existing signage in this portion of the of the Fuller Warren Bridge including around boat traffic within or outside of river is inadequate. Doctors Lake, one peer reviewer noted the channel in this narrow, constrained Comment 35: Peer review comments that aerial survey data indicate that northern stretch of the river. These manatees routinely use these areas. cautioned us not to assume that manatee factors support the proposed rule. Extending the shoreline buffers, as deaths in the St. Johns River occurred at Response 38: We agree. proposed, provides additional the location where the carcasses were Comment 39: With reference to the protection to manatees that often spend recovered, as implied in the proposed Halifax River from Channel Marker ‘‘9’’ much of their time within these rule (68 FR 16608). Often it is not to the Granada Bridge, peer review shoreline areas for many activities, such known where the death occurred, rather comments stated that the proposed rule as resting, feeding, and caring for young. it is known where the carcass was improves the existing zones without Additionally, several carcasses of recovered. substantial changes. Extension of the manatees killed by watercraft have been Response 35: We agree. The language shoreline buffers should increase recovered in this portion of the river. in the final rule has been changed to protection of manatees without The available data justify the inclusion avoid giving this impression, which was interfering with watercraft traffic. of this area in the proposed rule. The not intended. Response 39: Manatees exhibit a City of Jacksonville, Clay County, and Comment 36: One commentor general tendency to utilize the others stated that the existing assumed that, since Duval County was nearshore waters preferentially regulations were adequate in this area designated as an ‘‘Area of Inadequate throughout their range. As such, and that Federal designation was not Protection’’ under the Service’s final establishment of slow speed shoreline warranted. The FWCC recommends that interim strategy for section 7 buffers is often an effective strategy for if we were to do anything in this area consultation, the waters of the County minimizing collisions between we should adopt a Federal zone the would be one of the highest priorities manatees and watercraft. However, any same as the existing State zones, or for refuge status. given manatee may deviate from this alternatively consider adoption of a Response 36: In response to the pattern at any time and wander farther fixed 700-foot buffer in this area. The commentor, we wish to clarify that the from shore than ‘‘normal.’’ Therefore, FWCC further stated that the greatest reach of the St. Johns River within wider buffers would always be contribution we could make to Duval County considered to be an ‘‘Area considered to be most protective of improving manatee protection in this of Inadequate Protection’’ (AIP) was not manatees if no other factors were area would be through improved designated as such due to inappropriate considered. signage and enforcement. design of the existing zones, but rather With respect to the Halifax river, Response 33: We concur with the peer because we believe the signage of the subsequent to publishing the proposed reviewer’s interpretation of the data that existing zones to be inadequate. In some rule, we conducted a more detailed manatees generally utilize the shoreline areas of the Duval/Clay/St. Johns analysis of this area and determined that areas. Upon further review of the data County portion of the St. Johns River, the river is approximately 2,000 feet and the public comments, our final rule inadequate signage also resulted in a wide over most of its length. The is modified slightly from the proposed reduced ability to enforce the zones. We practical effect of our proposed rule (a rule in that the shoreline slow speed did not consider this area to be as high 1,000-foot shoreline buffer) would have buffer will be a minimum of 700 feet a priority as actions taken in previous been to make the river slow speed from the shoreline, but not more than rulemakings. Our final designation will outside the ICW channel. In areas where 1,000 feet in the St. Johns River, as enable us to correct the signage the river is somewhat wider than 2,000 marked, and a minimum of 700 feet deficiency. feet, the proposed rule would have

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created unregulated ‘‘pockets’’ that along the entire width. Further, in- been recovered throughout the year in would have been difficult or impossible channel and out-of-channel the Tomoka River, it is important to to regulate, and would have been of no designations in narrow waterways note that no watercraft-related practical use to boaters. While our present a problem for law enforcement mortalities have been recorded during stated intent in proposing a 1,000-foot because it may be difficult to winter months. Carcasses found in shoreline buffer was, in part, to make distinguish whether the vessel is in or winter months are more likely related to the regulations in this area more out of the channel. There are also cold stress as there are no reliable warm understandable and enforceable, the obvious human safety benefits to water sources in the Tomoka River. proposed rule would have actually had slowing watercraft down in narrow Comment 41: With reference to the the opposite effect by creating the waterways. This peer reviewer also Halifax River at the Granada Bridge, unregulated ‘‘pockets’’ discussed above, noted that, while there are differences in peer review comments indicated that, thereby potentially compromising the established definitions of ‘‘idle’’ and although manatees have been spotted in manatee protection instead of enhancing ‘‘slow’’ speed zones, in the reviewer’s this area during aerial surveys, the it. Additionally, the FWCC noted that experience, there is little practical sighting data do not justify the manatee use data for this portion of difference between boats traveling at establishment of a year-round slow Volusia County are limited and dated. idle versus slow speed. Such differences speed zone in this area for manatee We agree and further note that the between the two designations are protection. However, the proposed rule limited available data do not support difficult to enforce and may not provide may be warranted based on other issues, the need for a ‘‘slow-speed outside the a significantly different level of such as constrained waterways and/or channel’’ designation. We have, protection for manatees. The reviewer boater safety. therefore, concluded that establishment recommends the designation of more Response 41: We believe that the of a 1,000-foot shoreline buffer is not enforceable, consistent slow speed presence of causeways and pilings prudent. zones throughout the length of this associated with many bridges (including Subsequent to the publication of the river. The FWCC noted that the Tomoka the Granada Bridge) creates a funneling proposed rule, we also examined River and its tributaries are known effect for both watercraft traffic and possible alternatives for expanding the calving and nursing areas for manatees, manatees. Therefore, we believe shoreline buffers to some other distance so it is appropriate to consider extra additional protection measures are from shoreline. As stated previously, protection in this system. However, they warranted in the vicinity of such bridges wider buffers are generally more recommended that we defer Federal and have finalized the rule as proposed protective, so expansion of the existing designation pending completion of their in this portion of the Halifax River. Comment 42: With reference to the 300-foot buffer to some greater distance reevaluation of the zones in Volusia Halifax River from the Granada Bridge would arguably improve manatee County, and stated that their review to Seabreeze Bridge, peer reviewer protection. As indicated above, the would consider whether speed zone comments noted that, although widest possible buffer for the Halifax designations in this area should be River would have been 1,000 feet (as manatees have been sighted in this area, seasonal. Another commentor noted that the abundance does not appear to be as proposed), or slow speed outside the manatee carcasses have been discovered channel for all practical purposes, great as in other regions. However, from the Tomoka River in every month manatees moving from one higher-use which was determined to be except February. unwarranted. Additionally, the quality area to another will likely move through of the available data is such that we Response 40: Given the narrow this area as a travel corridor, justifying cannot conclude that substantial configuration of the river, documented the need for some protection. Although evidence supports expansion of the high seasonal use by manatees, and no empirical data support the benefits of shoreline buffer to some distance other demonstrated watercraft-related regulating watercraft speeds at 25 mph than the currently designated 300 feet. mortality in this river, we have versus 30 mph; it is intuitive that In other words, we conclude that the concluded that it is appropriate to take watercraft traveling at higher speeds selection of some other width for the Federal action at this time to eliminate afford manatees less time to get out of shoreline buffer would be arbitrary. We the 25-mph zone between Alligator the way, would impact a manatee with support the FWCC’s ongoing efforts to Island and the I–95 Bridge on a seasonal greater force, and would cause more collect additional data regarding basis. We agree with the peer reviewer harm than those at lower speeds. The manatee distribution and habitat use in that a consistent designation throughout available data support the proposed rule this area, in order to provide for better the length of the Tomoka River would in this area. The FWCC commented that informed decision-making. be preferable. However, we do not have in its more recent rulemakings the Comment 40: With reference to the the authority to undo more restrictive agency has consistently used 25 mph as Tomoka River upstream of U.S. 1, peer existing regulations, such as the existing the ‘‘minimum planing speed’’ for most review comments noted that manatee idle speed and year-round zones. Except vessels. sightings occur throughout the river and for the portion of the Tomoka River Response 42: As noted above, a more sightings of manatee calves coupled where we are implementing a Federal detailed analysis of this area subsequent with perinatal carcasses close to I–95 seasonal slow speed zone, we believe to publication of the proposed rule indicate the importance of this section the existing zones in the river to be revealed that the proposed 1,000-foot as a nursery area. The continuation of adequate and possibly more restrictive slow speed shoreline buffers are not the slow speed designation to I–95 is than necessary given the seasonality of warranted. With reference to justified. Another peer reviewer noted manatee use. We decided not to overlay establishing a 25-mph speed limit that eliminating the 25-mph status in the existing zones with Federal outside the shoreline buffers, we believe narrow waterways such as the Tomoka designations over most of the river in that this action will enhance manatee River and Spruce Creek is appropriate order to avoid hindering State efforts to protection by making the regulations for areas where manatee activity is well revise these zones in the future. We more consistent throughout the area, documented because the entire have determined that seasonal thereby improving compliance by waterway can function as a channel, designations are appropriate for this making the zones easier for boaters to with boats traveling at high speeds area. While manatee carcasses may have understand.

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Comment 43: With reference to the on other issues, such as constrained Response 47: We believe the existing Halifax River from the Seabreeze Bridge waterways and/or boater safety. State-designated zone in the Ponce Inlet to Channel Marker ‘‘40,’’ peer review Response 45: See response to is adequate and have, therefore, decided comments stated that, based on the comment 41. not to implement Federal regulations in recovery of perinatal carcasses, this area Comment 46: With reference to the the Ponce Inlet at this time. Our may be an important nursery area. This Halifax River from south of the proposed rule in this area simply may not be the best location for the Dunlawton Bridge to Ponce Inlet, peer mirrored the existing zone. The FWCC high-speed watersports area. review comments stated that the is currently collecting additional data Response 43: We concur with the proposed rule improves the existing regarding manatee distribution in this reviewer’s interpretation of the data. zones without substantial changes. area, and we concluded that, in the The final rule consists of a slow speed Extension of the shoreline buffers absence of such information, we did not zone from 500 feet north to 500 feet should increase protection of manatees have a solid basis for action at this time. south of the Seabreeze Bridge and without interfering with watercraft Additionally, Federal designation could reduces the speed in the Seabreeze traffic. Manatees often rest, feed, mill, possibly hinder State efforts to modify watersports area to slow speed to be and socialize in waters less than 6 feet the speed zones in this area, should consistent with the existing speed zone deep, not just within 300 feet of shore. updated information warrant such in the area. Although our final rule for The change from 30 mph to 25 mph action. the area is scaled back from the intuitively improves manatee Comment 48: With reference to the proposed rule in that we do not overlay protection, but the reviewer knows of no Live Oak Point to Channel Marker ‘‘2,’’ the entire existing zone with a Federal empirical data to support it. The peer review comments noted that slow speed zone, we believe the final proposed rule will increase the manatee sightings in this area are more rule provides improved protection uniformity of the regulations, which frequent than in other nearby areas; where it is most needed (i.e., at the should improve boater comprehension therefore, the proposed rule is pinch point created by the bridge and of and compliance with the manatee supported by the available data. Response 48: We concur with the the high-speed watersports area). protection zones. Additionally, we conclude that the reviewer’s interpretation of the data. Response 46: There is a wide variety existing designation of slow speed However, the proposed rule would have of existing speed zones in this area that (channel included), is warranted simply resulted in the federalization of we believe to be unnecessarily through this section of the river because the existing State-designated zones. For complicated and confusing. Our of the high volume of boat traffic in the this final rule, we believe that it is not proposed rule would have simplified Daytona Beach area. necessary to overlay the existing zones Comment 44: With reference to the the speed zones to a degree, by that appear to be appropriately designed Halifax River from Channel Marker ‘‘40’’ eliminating the 30 mph designation, and and signed. Therefore, we will not to the Dunlawton Bridge, peer review would have improved manatee proceed with designating this area at comments stated that the proposed rule protection somewhat in this area, but this time. improves the existing zones without would not have improved the logistical Comment 49: With reference to the substantial changes. Extension of the situation enough to significantly reduce ICW from Redland Canal to the A1A shoreline buffers should increase or eliminate boater confusion and Bridge, peer review comments noted protection of manatees without increase compliance. We do not have that manatee sightings in the area just interfering with watercraft traffic. the ability to substantially modify the south of the Ponce Inlet are more Manatees often rest, feed, mill, and existing zones in this area unilaterally frequent than in other nearby areas, and socialize in waters less than 6 feet deep, because many of the State-designated these sightings are probably why the not just within 300 feet of shore. The speed zones are as restrictive as the area is currently designated as slow proposal eliminates a second high-speed proposed rule and we do not have the speed. The existing 30-mph stretch watersports area. Although this area authority to impose regulations that are occurs in an area where manatee appears to be a travel corridor for less restrictive than existing State rules. sightings have occurred. The data manatees, and carcasses of manatees Simplifying these zones would support the proposed designation of the killed by watercraft have been recovered necessarily need to be done by the area to slow speed. from the area, this high-speed area FWCC. The FWCC stated in its Response 49: We agree. appears to be in a ‘‘less egregious’’ area comments that the agency is collecting Comment 50: Some commentors than the high-speed area near the additional data on manatee distribution strongly suggested that the Service Seabreeze Bridge, based on the data. in Volusia County for the purpose of maintain at least a 25-mph channel at Response 44: See the response to reevaluating the existing speed zones. New Smyrna. comment 39 regarding shoreline buffers, Because we do not want to hinder the Response 50: We carefully considered and the response to comment 41 State’s efforts to improve the existing this comment in light of the increased regarding constricted areas near bridges. zones, we have decided not to designate travel time that would result from our Comment 45: With reference to the this area at this time beyond reducing proposed designation. However, in light Halifax River north and south of the the maximum allowable speed, outside of the available information, we have Dunlawton Bridge, peer review of existing slow speed zones, from 30 concluded that slow speed designation comments noted that, although mph to 25 mph. in this area should include the channel manatees have been sighted in this area Comment 47: One peer reviewer was in order to effectively improve manatee during aerial surveys and manatee unclear as to why the Ponce Inlet has a protection in this area. carcasses attributed to watercraft proposed speed limit of 30 mph. This Comment 51: One peer reviewer collisions have been recovered from the speed may be appropriate if it has been stated that the proposed rule in the area, the reviewer does not believe that determined that 30 mph is necessary to Halifax and Tomoka Rivers will be those data justify the establishment of a navigate through the inlet, or it is a easier to post than the existing year-round slow speed zone in this area designated watersports area. Otherwise, configuration, which is beneficial for manatee protection. However, the it creates confusion for boaters to have because better signage translates to proposed rule may be warranted based too many types of speed zones. better compliance and better protection.

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Response 51: We agree. include, but are not limited to, ‘‘boats destinations); (2) the majority of boat Comment 52: One commentor claims (whether powered by engine, wind, or traffic remains within or near the that the proposed zones in the Halifax other means), ships (whether powered Intracoastal Waterway when traveling River will help improve boater by engine, wind, or other means), through the river; and (3) speedgun compliance by reducing the complex barges, surfboards, personal watercraft, studies conducted in the river prior to mosaic of different zones without water skis, or any other device or a numerical speed regulation indicating how the proposed zones mechanism the primary or an incidental demonstrated that the average vessel would be more understandable than the purpose of which is locomotion on, or speed was 24.33 mph. Similar speedgun existing zones. across, or underneath the surface of the results have been found in other areas. Response 52: Based on our analysis water.’’ This definition is sufficiently Many of the public comments, however, and information provided by Volusia broad to include seaplanes, and the 25- expressed concern that the proposed County, we have determined that mph speed limit on the Caloosahatchee rule would concentrate boat traffic aspects of our proposed zones would River would effectively preclude the use within the navigation channel, thereby have actually created additional of seaplanes in this area. After compromising boater safety. confusion, while eliminating very little reviewing the information provided Response 55: The available research (see Response 39). Our final during the public comment period we on boating activity in this area (as designations provide for some have concluded that the seaplane summarized in the reviewers’ simplification of the regulations in this business currently operating on the comments) appears to indicate that area; further improvements are Caloosahatchee River poses an threats to boater safety are more dependent on State action. We have insignificant and discountable threat to perceived than actual. Nonetheless, attempted to design our manatee manatees. Based on information these perceptions are strong among local protection areas to avoid hindering provided during the public comment boaters and would clearly undermine future State actions, while ensuring period, the seaplanes operating at this public support for the proposed speed appropriate protection for manatees. location take off and land in the middle zones, thereby compromising Comment 53: One commentor stated of the river, well outside the existing compliance and ultimately the that the Service has previously 0.25 mile buffer zones. This portion of effectiveness of the regulation. designated both refuges and sanctuaries the river does not receive significant Additionally, we have determined that in areas without documented mortality; manatee use, based on review of aerial the configuration of the proposed rule therefore, these proposed refuges are survey and telemetry data. During take- lacks a solid biological basis (see fully justified. off and landing, the seaplanes are Response 25). As such, we have Response 53: Manatee protection area operating at speeds in excess of 25 mph modified the final rule to better reflect designations serve different purposes in for no more than a few seconds over a the best available information regarding different areas. The previously distance of approximately 1,500 feet. manatee use of this river, which will designated protection areas to which the Given the location on the river and the have the additional benefit of assuaging commentor is referring were located at short distance involved, it is boater concerns for safety. and around warm water sites where take exceedingly unlikely that seaplanes Comment 56: Many commentors by harassment was the primary concern. would encounter manatees while taking believe that the economic impacts of the By contrast, the proposed regulations off and landing. rule are underestimated. In particular, are not specifically designed to provide By definition, a manatee refuge is an several commentors believe that the rule additional protection at warm water area in which ‘‘certain’’ waterborne fails to properly analyze the full range sites, except in a small portion of the activities are restricted to prevent the of businesses that will be affected or the upstream extent of the Caloosahatchee taking of one or more manatees. For the cumulative effect of reduced boating in River-San Carlos Bay Manatee Refuge portion of the Caloosahatchee River-San Florida resulting from slower speed (i.e., in the vicinity of the Seaboard Carlos Bay Refuge between the zones. Some commentors stated that the Coastline Railroad trestle to the Caloosahatchee River Bridge and the proposed rule does not adequately Beautiful Island area). There are, in fact, Cape Coral Bridge (the area currently address how the restrictions will affect no warm water aggregation sites within utilized by seaplanes), we have the dock building industry, restaurants, either the Lower St. Johns River concluded that the waterborne activities hotels, and marinas. Other commentors Manatee Refuge or the Halifax and to be regulated per this rule need not indicated that businesses dependent on Tomoka Rivers Manatee Refuge. Rather, include seaplanes. As such, the final water access or transportation, such as the purpose of the proposed refuges, rule has been modified to state that in commercial fishing, waterfront which establish slow speed zones, is to this portion of the Caloosahatchee River restaurants, and fishing guides, would minimize the risk of high-speed all watercraft, except seaplanes, are be severely impacted and may no longer collisions between watercraft and required to operate at speeds less than be economically viable. One commentor manatees in areas where collisions are 25 mph. As far as we know, no other believes all service industries on the likely to occur. seaplane operations would be affected Caloosahatchee River would be affected. Comment 54: We received two by these regulations, so we are not One commentor believes that the comments regarding the effects of the adopting a broader exclusion for economic impact on commercial fishing proposed regulations on seaplane seaplanes at this time. is dismissed in the analysis. Another operations. Both recommended that Comment 55: One peer reviewer commentor noted that recreational seaplanes in general should be excluded commented that, based on boat surveys fishing trips will be affected. from regulation under the rules, and one he conducted in the Caloosahatchee Response 56: The discussion in the identified a seaplane operation that River, it appears that the proposed rule proposed rule assesses in a qualitative would be severely affected by the should not have a significant impact on manner the economic effects of the rule proposed speed restrictions on the the majority of boaters using this river to determine if it would have a Caloosahatchee River. because—(1) The Caloosahatchee River significant economic effect. In order to Response 54: According to our functions as a boating corridor as make this determination, we examined regulations the terms ‘‘Water vehicle, opposed to a destination (i.e., it is used the categories of impact that are likely watercraft, and vessel’’ are defined to as a pathway to and from other boating to have minor impact and focused on

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activities that are likely to incur the a determination of significant economic However, a qualitative discussion of the greatest economic impacts. In particular, impact. Moreover, based on further likely costs and benefits is found in the the analysis focuses on recreational and review by the Service and in response Required Determinations section of the commercial boating activities likely to to various comments, the speed zone preamble. As was noted in the proposed be affected by the rule. We believe that restrictions initially proposed for the rule, and supported by statements of the rule will lead to changes in Caloosahatchee River and San Carlos several commentors, existing manatee recreational activities based on Bay have been reduced in the final rule. protection regulations in the affected increased travel time and may cause Therefore, the number of forgone areas are already extensive. Based on some consumers to forgo some waterskiing and wakeboarding trips are further review by the Service and in activities. The economic impacts expected to be minimal, and we response to various comments, the associated with these changes are above- continue to believe that the economic speed zone restrictions proposed have and-beyond those associated with the impact of the speed zones in the final been reduced in the final rule. system of State-designated manatee rule will not be significant. Therefore, we continue to believe that protection areas already in place in each Comment 58: One commentor stated the economic impact of the speed zones of the manatee refuges established in that Clay County is unlikely to in the final rule will not be significant. this rule. For example, some impacts experience any benefits due to an Comment 61: A number of associated with manatee protection increase in tourism related to manatee commentors were concerned that the areas in the Caloosahatchee River are viewing because of the shallow and/or proposed rule would affect property already occurring because of existing brackish nature of the water. owners’ ability to build docks on their slow speed zones implemented by the Response 58: While the brackish property. State beginning in 1979. The economic nature of Doctors Lake and the shallow Response 61: This rule establishes impacts of this rule are related only to waters of St. Johns River do not lend three manatee protection areas. In so the inconvenience of travel time that is themselves to manatee viewing as well doing, we are regulating the speed at additional to these existing slow speed as clear, deep water, there are currently which boats can travel in certain waters zones. We do not expect that changes in manatee viewing points in these areas in five counties in Florida. This rule in consumer activity related to these within the proposed designated manatee no way affects property owners’ ability additional speed zones would result in protection areas. Economic benefits to build a dock on their property. The significant economic impacts. Moreover, related to increased tourism resulting Service considers it unlikely that based on further review by the Service from increased manatee protections property owners would choose not to and in response to various comments, afforded by this rule are indeed build a dock on their property as a the extent of the speed zone restrictions expected to be small, if any occur. The result of this rule. initially proposed has been reduced in rule does not attempt to quantify these Comment 62: A number of the final rule. Therefore, we continue to benefits, or to assign them to a commentors were concerned that the believe that the economic impact of the particular area; however, we believe that proposed rule would negatively affect speed zones in the final rule will not be such benefits may occur as a result of property values. In addition, one significant (i.e., over $100 million this rule. commentor noted that, despite the annually). Comment 59: One commentor stated introduction of slow speed zones in the We consider only economic impacts that consumer surplus is not defined in Tomoka and Halifax Rivers, property associated with this rule. Comments the proposed rule. values have continued to increase. that discuss the overall contribution of Response 59: Consumer surplus is an Several commentors believe that industries in general do not describe the economic measure based on the property values will increase as a result effects of this proposed rule specifically. principle that some consumers benefit of the rule. Another commentor noted In addition, the analysis estimates at current prices because they are able that property values on Doctors Lake impacts on a broad geographic area. to purchase goods and services at a have risen considerably over the past 10 Comments that provide information on price that is less than their total years during which time slow speed the impacts to specific sites that cannot willingness to pay for the good. For zones have been established in the lake. be generalized to the broad geographic example, boaters may incur consumer Another commentor stated that the area are not able to be incorporated into surplus benefits when they can drive at impact of the rule could be greater than the current analysis. faster speeds on the water because their $100 million based on the belief that the Comment 57: One commentor noted enjoyment of the boating experience rule could cause 200 people each to that popular activities such as water increases. Due to lack of available data, decide not to spend $500,000 on a home skiing and wakeboarding will not be the Service did not quantify the net in Cape Coral because of the rule. possible along the entire length of the change in consumer surplus resulting Response 62: We determined the Caloosahatchee River. from this rule. economic impact of the proposed rule Response 57: The analysis Comment 60: One commentor by considering the net effect of the rule acknowledges that some recreationists believes that it is incumbent upon the on the housing market. The analysis is may have to travel farther to participate Service to perform a cost-benefit not based on a single site-specific study. in certain activities or may choose to analysis in order to determine whether However, we do believe that more forgo some activities. However, the the economic impact of the rule is over information is needed to better speed zone restrictions imposed by the $100 million. understand the impact of manatee rule do not preclude participation in Response 60: Agencies should assess protection areas on property values in any recreational activities. Further, the potential costs and benefits of specific areas. Given the timeframe of based on Caloosahatchee River data, the significant regulatory actions. the analysis, performing primary major use of the river is for travel and Accordingly, the Service has performed research such as an original study of not waterskiing or wakeboarding a preliminary economic analysis and property values is not feasible. (Gorzelany, 1998). Thus, it is unlikely determined that the economic impact of Comment 63: One commentor stated that including the number of forgone designating three additional manatee that our analysis was based on the Bell waterskiing and wakeboarding trips protection areas will not be significant and McLean (1997) study, which they resulting from the rule would result in (i.e., over $100 million annually). believe is suspect and out-of-date.

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Response 63: There is very little have not been incorporated into the comments during the public comment published information available analysis. that included information on substantial regarding the impact of slow speed Comment 66: The Small Business numbers of entities impacted, or zones on property values. We believe Administration’s Office of Advocacy significant impacts. (SBA-Advocacy) recommends that the that more information is needed to Furthermore, Federal courts and Service complete an Initial Regulatory better understand the impact of manatee Congress have indicated that a Flexibility Analysis. protection areas on property values in Regulatory Flexibility Act/Small specific areas. Given the timeframe of Response 66: This screening-level study indicates that changes to existing Business Regulatory Enforcement the analysis, performing primary Fairness Act (RFA/SBREFA) analysis research, such as an original study of speed zones would affect a number of small entities, but the economic impacts should be limited to direct and indirect property values, was not feasible. The impacts on entities subject to the study by Bell and McLean appears to be would not be to a substantial number of entities. In addition, we believe that the requirements of the regulation. As such, one of the few studies and the most entities not directly regulated by the recent study addressing this issue. rule would not have a significant economic impact on these affected proposed establishment of manatee Comment 64: Several commentors protection areas need not be considered suggested that tax revenues from a loss entities. Because we certify that this rule would not have a significant economic in this RFA/SBREFA screening analysis. in property values could be negatively For example, SBA-Advocacy suggested impacted by the rule. That is, property impact on a substantial number of small entities, an Initial Regulatory Flexibility impacts on restaurants and realtors value reductions in an area may lead to should be considered; however, these lower real estate and other tax revenues. Analysis is not required. Comment 67: SBA-Advocacy entities are not subject to the restrictions Response 64: While some existing recommends that the Service refine its on speed at which a boat can travel, and properties may realize a gain in value analysis in order to determine whether are therefore correctly excluded from (thereby generating greater tax a substantial number of small entities the analysis. revenues), other properties may will be significantly affected by the rule. experience a loss in value (thereby Comment 69: One commentor In particular, SBA-Advocacy suggests suggested his fast ferry business would reducing tax revenues). Given the lack revising the analysis to focus of data, it is difficult to know the experience dire effects from the exclusively on entities affected by the regulation. Another commentor magnitude of this overall effect. rule. However, the Bell and McLean (1997) suggested his jet ski business would be Response 67: Based on a review of negatively affected. Other commentors study suggests that property values may publicly available data sources, the data suggested that the rule would impact increase with slow speed zone that would be needed to satisfy SBA- small businesses. implementation, which would lead to Advocacy’s concerns are not available. increased tax revenue. However, given Alternative analyses, different from the Response 69: Because of its location the timeframe of the analysis, one described in the proposed rule, in Fort Myers, this ferry service is performing the primary research to could be conducted; however, none of currently incurring costs related to determine the overall effect was not these analyses would be able to produce speed zones affecting its travel time. feasible. the level of detail recommended by The commentor did not provide a Comment 65: One commentor SBA-Advocacy. specific estimate of how much time believes the rule to be a major rule (will Comment 68: SBA-Advocacy has would be added to his trip that would have an annual impact of more than indicated that, as a result of preliminary impact the value of his business. While $100 million on the economy), given outreach conducted, a substantial the length of a trip aboard this ferry that it threatens the recreation of 1.4 number of small entities will face service will be affected, it may still be million boaters in Florida and a $15 significant economic impacts from the the fastest alternative available to billion marine industry in Florida. rule. Affected entities identified consumers and consumers may still Response 65: It appears that the generally by SBA-Advocacy include choose this option. Given available commentor’s boater and marine charter fishing companies, a ferry information, it is difficult to determine industry information is based on a 2001 company, a boat builder, harbor whether this business will be study performed by Thomas J. Murray facilities, restaurants, marine significantly affected. Because the jet ski and Associates for the Marine Industries construction firms, and realtors. SBA- business indicated that personal Association of Florida, titled ‘‘Florida’s Advocacy recommended that the watercraft sales and service are only Recreational Marine Industry— Service conduct outreach to affected approximately 20 percent of revenues Economic Impact and Growth 1980– small entities to obtain information on for this business and the expected 2000’’ (no citation was provided). This the potential impacts of the proposed reduction in sales and service related to study conducts a regional economic rule and to solicit input on alternatives jet skis is 17 to 25 percent, the expected impact of retail sales by motorboat and to minimize regulatory burdens overall impact on revenues would be yacht dealers in the State of Florida imposed on small entities. less than 5 percent. Based on further (Revenue Kind Code 28). The analysis Response 68: While we agree that review by the Service and in response estimates the direct, indirect, and there is the potential for an economic to various comments, the speed zone induced impacts associated with this effect on a number of small entities in restrictions initially proposed have been sector to calculate the $14.1 billion the affected area, information on the reduced in the final rule. Therefore, the economic impact. We have focused on total number of small businesses in the impacts anticipated by the commentors the economic impact likely resulting affected area does not exist. Conducting will likely also be reduced from the rule—those impacts associated outreach efforts to obtain data on the correspondingly. Given our analysis of with a reduction in marine recreational impact to small entities, beyond available information, we continue to and commercial fishing activities due to providing a public review comment believe that the economic impact of the slow speed zones. Murray et al. period, would require a level of effort speed zones in the final rule will not measures an impact not associated with that is incompatible with the timeframe result in significant impacts to a the proposed rule; thus, these impacts of the rule. In addition, we received no substantial number of small entities.

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Summary of Changes From the and it appears that the majority of At Redfish Point, we are reducing the Proposed Rule manatee use in this area occurs within downstream extent of the shoreline to In the Caloosahatchee River-San the current 0.40 km (0.25 mile) shoreline slow speed zone from Channel Carlos Bay Manatee Refuge, we have shoreline buffer. We believe these Marker ‘‘82’’ to Channel Marker ‘‘76.’’ reduced the length of the seasonal slow changes better reflect the known This better reflects the known manatee speed area of the channel from the shoreline use patterns of manatees, use patterns and provides a slow speed Seaboard Coastline Railroad trestle. This allow boaters to have more time to avoid corridor for manatees crossing between portion of the manatee protection area manatees should they be encountered the canals of Cape Coral and Deep was proposed to be approximately 7.2 between the buffers, and provide Lagoon. We conducted a more detailed km (4.5 miles) in length and has been manatees greater time to react to review of the available data and reduced to approximately 1.6 km (1.0 oncoming vessels. Our final regulation concluded that sufficient manatee mile). Based on the comments as well as states that the slow speed shoreline protection could be achieved in this area by reconfiguring and shortening the a more thorough evaluation by our buffers will have a minimum width of slow speed zone. Our analysis of aerial biologists, we have modified our 0.40 km (0.25 mile), as marked, and telemetry data indicates that proposed rule to better reflect the best recognizing that in some locations manatee use is greatest between available information regarding manatee signage may be placed at a slightly Channel Markers ‘‘72’’ and ‘‘76.’’ use of this area. The final rule greater distance from shore in order to provide a more easily identifiable In San Carlos Bay, the navigation designates the portion of the channel and adjacent waters from Caloosahatchee River navigation boundary. While we acknowledge that water Channel Marker ‘‘99’’ south to the channel from the Seaboard Coastline Sanibel Causeway will be excluded Railroad trestle downstream to Channel depths of 6 feet or greater afford manatees greater opportunity to avoid from regulation. The proposal to make Marker ‘‘25’’ to be slow speed in the this slow speed would have potentially channel from November 15 to March 31, collisions with watercraft, it does not appear that the 6-foot contour line done more harm than good for manatees and not more than 25 mph in the utilizing the shallow seagrass flats of remainder of the year. approximates manatee distribution in this portion of the river, as this contour San Carlos Bay because the high volume Aerial survey data indicate that of traffic would likely be diverted to the manatees do occur throughout this extends a great distance from shore in this area (particularly from the western ‘‘Miserable Mile’’ channel where the portion of the river throughout the year. manatees occur in the adjacent shallow shoreline), whereas manatee aerial However, the analysis of available data seagrass flats. The diversion of a high survey data show manatee use by FMRI (FWCC 2002) indicates that volume of watercraft traffic into an concentrated closer (generally within manatees are less likely to occur near already-congested channel may have 0.40 km (0.25 mile)) to shore. the navigation channel downstream of also created a human safety issue. The the general area of Marker ‘‘25.’’ This For the portion of the Caloosahatchee final designation protects the known generally coincides with the change in River—San Carlos Bay Refuge between areas of high manatee use in San Carlos the physiography of the river in this the Caloosahatchee River Bridge and the Bay. area. The river narrows upstream of Cape Coral Bridge, we have concluded In the Lower St. Johns River Manatee Channel Marker ‘‘25’’ and Beautiful that the waterborne activities to be Refuge, we have reduced the Island and other smaller islands act to regulated per this rule need not include downstream extent of the manatee further constrict the river. This explains seaplanes. After reviewing the protection area from Reddie Point to the change in manatee distribution at information provided during the public Channel Marker ‘‘73,’’ a distance of this point in the river. Manatees are comment period, we have concluded about 1.6 kilometers (1 mile). Existing more likely to be found in and near the that the seaplane business currently manatee protection measures navigation channel upstream of Marker operating on the Caloosahatchee River downstream of Channel Marker ‘‘73’’ to ‘‘25’’ than downstream. This fact, poses an insignificant and discountable Reddie Point are sufficient, provided combined with the above-referenced threat to manatees. Based on that signage is improved by the State, lower level of boat traffic in this portion information provided during the public and moving the boundary will improve of the river relative to areas further comment period, the seaplanes compliance in the area without downstream, led us to conclude that the operating at this location take off and compromising manatee protection. We existing regulations downstream of land in the middle of the river, well intend to work with the State to Marker ‘‘25’’ were sufficient, whereas outside the existing 0.40 km (0.25 mile) improve the signage in the Reddie Point increased protection is warranted buffer zone. This portion of the river area. between Marker ‘‘25’’ and the railroad does not receive significant manatee Shoreline buffers in the St. Johns trestle. use, based on review of aerial survey River upstream of the Fuller Warren In three segments of the main body of and telemetry data. During take-off and Bridge have been revised to be from 213 the river, we are establishing ‘‘slow landing, the seaplanes are operating at to 305 meters (700 to 1,000 feet) in the speed’’ shoreline buffers similar to the speeds in excess of 40 km per hour (25 river (as marked) and 213 to 274 meters existing 0.40-km (0.25-mile) shoreline mph) for no more than a few seconds (700 to 900 feet) in Doctors Lake (as buffers, and are establishing a speed over a distance of approximately 457 marked). This will encompass the areas limit not to exceed 40 km per hour (25 meters (1,500 feet). Given the location of highest known manatee use. The mph) between the buffers. In the on the river and the short distance adopted zone width will allow us to proposed regulations, the shoreline slow involved, it is exceedingly unlikely that approximate the current manatee speed buffers would have extended out seaplanes would encounter manatees protection area configuration, remedy to within 91 meters (300 feet) of the while taking off and landing. As such, the posting issue with the current zones, marked navigation channel. We the final rule has been modified to state and minimize any perceived increased conducted a more detailed review of the that, in this portion of the risk to human safety in Doctors Lake as recent special study of the Caloosahatchee River, all watercraft, a result of our action. Caloosahatchee River by the Florida except seaplanes, are required to operate In the Halifax and Tomoka Rivers Marine Research Institute (FWCC 2002) at speeds less than 25 mph. Manatee Refuge, there have been several

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changes. In the Tomoka River we are channel for all practical purposes, c. from a point 152 meters (500 feet) including only a seasonal slow speed which was determined to be west of the Caloosahatchee Bridge zone in the area currently designated as unwarranted. Additionally, the quality downstream to a point 152 meters (500 40 km per hour (25 mph) immediately of the available data is such that we feet) northeast of the Cape Coral Bridge, downstream of the I–95 bridge. This cannot conclude that substantial a distance of approximately 10.9 km (6.8 will protect manatees during their evidence supports expansion of the miles), year-round, slow speed shoreline highest use period. We believe the shoreline buffer to some distance other buffers extending out to a distance of existing slow and idle speed zones in than the currently designated 300 feet. approximately 402 meters (1,320 feet), the river to be adequate and the year- In other words, we conclude that the as marked. Vessel speeds between these round zones are possibly more selection of some other width for the buffers (including the marked restrictive than necessary given the shoreline buffer would be arbitrary. We navigation channel) are limited to not seasonality of manatee use. support the FWCC’s ongoing efforts to more than 40 km per hour (25 mph) We are maintaining the current 91- collect additional data regarding throughout the year, with the exception meter (300-foot) slow speed buffer zones manatee distribution and habitat use in of seaplanes; in much of the river and are adopting a this area, in order to provide for better d. from a point 152 meters (500 feet) 40-km-per-hour (25-mph) speed limit informed decisionmaking. northeast of the Cape Coral Bridge between the buffers. This will provide In other portions of the Halifax River downstream to a point 152 meters (500 sufficient protection in areas known to and adjacent waterbodies north and feet) southwest of the Cape Coral Bridge, be used by manatees and will improve south of Ponce Inlet, we are placing a a distance of approximately 0.3 km (0.2 compliance by making the zones easier 40-km-per-hour (25-mph) cap on speeds mile), slow speed outside the marked to understand. It will also avoid creating not more restrictively regulated. We had navigation channel and a speed limit of any additional safety risks to boaters as proposed slow speed outside of marked not more than 40 km per hour (25mph) a result of our action. We had proposed channels in many of these areas. in the channel, year-round; a 305-meter (1,000-foot) buffer in many The key features of this final e. from a point 152 meters (500 feet) of these areas. In some cases, these designation in the Halifax and Tomoka southwest of the Cape Coral Bridge to buffers could have compressed high- Rivers are the elimination or Channel Marker ‘‘72,’’ a distance of speed use into very small areas as much modification of watersports areas and approximately 1.9 km (or 1.2 miles), of the river is very close to 610 meters slowing boat speeds around the bridges’ year-round, slow speed shoreline (2,000 feet) wide. The practical effect of areas, which may function as pinch buffers extending out to a minimum our proposed rule would have been to points where manatees and boats are distance of approximately 402 meters make the river slow speed outside the forced into close proximity. We believe (1,320 feet), as marked. Vessel speeds ICW channel. In areas where the river is these are the areas that are most between these buffers (including the somewhat wider than 2,000 feet, the problematic for manatees within the marked navigation channel) are limited proposed rule would have created original proposal and are the measures to not more than 40 km per hour (25 unregulated ‘‘pockets’’ that would have necessary to avoid take of manatees. mph) throughout the year; been difficult or impossible to regulate, f. from Channel Marker ‘‘72’’ to and would have been of no practical use Areas Designated as Manatee Refuges Channel Marker ‘‘76’’ (in the vicinity of Redfish Point), for a distance of to boaters. While our stated intent in Caloosahatchee River—San Carlos Bay approximately 1.8 kilometers (1.1 miles) proposing a 1,000-foot shoreline buffer Manatee Refuge was, in part, to make the regulations in in length, slow speed year-round this area more understandable and We are establishing a manatee refuge shoreline-to-shoreline, including the enforceable, the proposed rule would in portions of the Caloosahatchee River marked navigation channel; have actually had the opposite effect by and San Carlos Bay in Lee County (in g. from Channel Marker ‘‘76’’ to creating the unregulated ‘‘pockets’’ the Southwest Region) for the purpose Channel Marker ‘‘93,’’ a distance of discussed above, thereby, potentially of regulating vessel speeds, from the approximately 5.2 kilometers (3.2 compromising manatee protection Seaboard Coastline Railroad trestle, miles), in length, year-round, slow instead of enhancing it. Additionally, downstream to Channel Marker ‘‘93,’’ speed shoreline buffers extending out to the FWCC noted that manatee use data and from Channel Marker ‘‘99’’ to the a minimum distance of approximately for this portion of Volusia County are Sanibel Causeway. Except as provided 402 meters (1,320 feet), as marked. limited and dated. We agree and further in 50 CFR 17.105, watercraft will be Vessel speeds between these buffers note that the limited available data do required to proceed as follows: (including the marked navigation not support the need for a ‘‘slow-speed a. From the Seaboard Coastline channel) are limited to not more than 40 outside the channel’’ designation. We Railroad trestle at Beautiful Island, km per hour (25 mph) throughout the have, therefore, concluded that downstream to a Channel Marker ‘‘25,’’ year; and establishment of a 1,000-foot shoreline a distance of approximately 1.6 km (1 h. In San Carlos Bay, from Channel buffer is not prudent. mile), slow speed in the marked Marker ‘‘99’’ to the Sanibel Causeway, Subsequent to the publication of the navigation channel from November 15 slow speed year-round within the proposed rule, we also examined to March 31, and not more than 40 following limits—a northern boundary possible alternatives for expanding the kilometers (km) per hour (25 miles per described by the southern edge of the shoreline buffers to some other distance hour (mph)) in the channel from April marked navigation channel, a line from shoreline. As stated previously, 1 to November 14; approximately 2.9 kilometers (1.8 miles) wider buffers are generally more b. from a point 152 meters (500 feet) in length; a southern boundary protective; so expansion of the existing east of the Edison Bridge downstream to described by the Sanibel Causeway 300-foot buffer to some greater distance a point 152 meters (500 feet) west of the (approximately 1.9 kilometers (1.2 would arguably improve manatee Caloosahatchee Bridge, approximately miles) in length); a western boundary protection. As indicated above, the 1.1 km (0.7 miles) in length, slow speed described by a line that connects the widest possible buffer for the Halifax year-round, shoreline-to-shoreline western end of the easternmost Sanibel River would have been 1,000 feet (as including the marked navigation Causeway island and extending proposed), or slow speed outside the channel; northwest to Channel Marker ‘‘7’’

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(approximately 2.9 kilometers (1.8 vessels in 1998 to 45,413 in 2002) We believe the measures in this miles) in length); the eastern boundary (FWCC, 2002). According to the FWCC’s regulation will improve manatee includes the western limit of the State- recent study of manatee mortality, protection in the Caloosahatchee River designated manatee protection area manatee habitat, and boating activity in and San Carlos Bay and are necessary to (68C–22.005) near Punta Rassa the Caloosahatchee River (FWCC 2002), prevent the take of at least one manatee (approximately 2.9 kilometers (1.8 vessel traffic increases as the day in this area by harassment, injury, and/ miles) in length). However this area progresses and doubles on the weekends or mortality by extending coverage and/ excludes the marked navigation channel compared to weekdays. The highest or improving upon existing protection from Channel Marker ‘‘99’’ to the volumes of traffic were recorded in the measures in areas used by manatees. Sanibel Causeway and adjacent waters, spring and lowest volume in the winter. Lower St. Johns River Manatee Refuge as marked. Highest vessel traffic densities occurred Manatee presence has been at Shell Point where the Caloosahatchee We are establishing a manatee refuge documented in the designated areas River and San Carlos Bay converge. for the purpose of regulating waterborne through aerial surveys, photo- Many of the boats in the lower vessel speeds in portions of the St. identification studies, telemetry studies, Caloosahatchee River originate from the Johns River (in the Atlantic Region) and and a carcass salvage program (FWCC Cape Coral canal system and head adjacent waters in Duval, Clay, and St. 2002). Per these data and analysis, it is toward the Gulf of Mexico. Johns Counties from Channel Marker apparent the Caloosahatchee River is Presently, there are State-designated, ‘‘73’’ upstream to the mouth of Peter’s Branch (including Doctors Lake) in Clay used throughout its length throughout manatee speed zones throughout most County on the western shore, and to the the year by manatees. Primary winter- of Lee County. Seasonal speed zones southern shore of the mouth of Julington use areas include the Florida Power and were established in the Caloosahatchee Creek in St. Johns County on the eastern Light Company’s Fort Myers Power and Orange Rivers around the Fort shore. Except as provided in 50 CFR Plant and Matlacha Pass, upstream and Myers power plant in 1979 (68C–22.005 17.105, watercraft will be required to downstream (respectively) of the refuge. FAC). Additional speed zones were proceed as follows: The power plant is a major winter established in the Caloosahatchee River refuge for manatees. On January 6, 2001, a. From Channel Marker ‘‘73’’ downstream of the power plant in upstream to the Main Street Bridge, a 434 manatees were observed wintering November 1989 (68C–22.005 FAC). in this region (FWCC: FMRI Aerial distance of approximately 16.8 Speed zones were established kilometers (10.4 miles), slow speed, Survey Database, 2003). countywide in November 1999 (68C– In warmer months, manatee use is year-round, outside the navigation 22.005 FAC). The majority of these concentrated within the existing 402- channel and not more than 40 km per zones include shoreline buffers that meter (0.25-mile) buffer. They use the hour (25 mph) in the channel (from river as a travel corridor between provide protection in nearshore areas Channel Marker ‘‘81’’ to the Main Street upstream fresh water, foraging, and frequented by manatees. All zones were Bridge, the channel is defined as the resting sites and downstream foraging to be posted with the appropriate line of sight extending west from areas. Manatees use the canal systems in signage by July 2001 (68C–22.004 and Channel Markers ‘‘81’’ and ‘‘82’’ to the Fort Myers and Cape Coral (between the 68C–22.005 FAC). Compliance with bridge fenders of the Main Street Edison Bridge upstream and Shell speed zones in the Caloosahatchee Bridge); Point) to rest and drink fresh water averaged only 57 percent (FWCC, 2002). b. from the Main Street Bridge to the (Weigle et al., 2002). Manatees travel According to FWCC: FMRI’s manatee Fuller Warren Bridge, a distance of west of Shell Point to feed in the mortality database, 764 manatee approximately 1.6 km (or 1.0 miles) seagrass beds in San Carlos Bay and carcasses were recorded in Lee County slow speed (channel included), year- adjacent waterways. from 1974 to 2002 (FWCC: FMRI round; A more in-depth analysis of the Manatee Mortality Database, 2003). Of c. upstream of the Fuller Warren telemetry data indicates that manatees this total, 163 manatee deaths were Bridge, a 213- to 305-meter (700- to appear to travel along shallow areas watercraft-related (21 percent of the 1,000-foot), slow speed, year-round, relatively close (within approximately total number of deaths in Lee County). shoreline buffer to the south bank of the 402 meters or 0.25 miles) to shore and Over the past 13 years, the County’s rate mouth of Peter’s Branch in Clay County cross the river in narrow areas near of increase in watercraft-related manatee along the western shore (approximately Redfish Point and Shell Point (FWCC mortality is higher than the rates of 31.1 km or 19.3 miles); and in Doctors 2002). The Redfish and Shellfish Point increase in watercraft-related mortality Lake in Clay County, slow speed, year- sections of the river represent specific in southwest Florida and in watercraft- round, along a 213- to 274-meter (700- areas where manatees and boats overlap related deaths statewide. Areas east of to 900-foot) shoreline buffer during their travels (Weigle et al., 2002). the Edison Bridge and west of Shell (approximately 20.8 km or 12.9 miles); The funneling of high-speed watercraft Point are areas with recent increases in and a 213- to 305-meter (700- to 1,000- and manatees through these narrow watercraft-related mortality; eight foot), slow speed, year-round, shoreline areas increases the likelihood of watercraft-related carcasses have been buffer to the south bank of the mouth of manatee-watercraft collisions in this recovered east of the railroad trestle and Julington Creek in St. Johns County area. Four watercraft-related manatee seven have been recovered in San Carlos along the eastern shore (approximately mortalities occurred in this area since Bay since 2000, including two 32.5 km or 20.2 miles) to a line north January 2001 (FWCC: FMRI Manatee watercraft-related carcasses in San of a western extension of the Nature’s Mortality Database, 2003). Given these Carlos Bay since July 2001, when State Hammock Road North. findings, we designated Shell Island speed zones were marked (FWCC: FMRI Manatee presence has been (the area around Shell Point) as a Manatee Mortality Database, 2003). documented in this area through aerial manatee refuge on November 8, 2002 From January 1, 2003, to June 30, 2003, surveys, photo-identification studies, (67 FR 68450). there have been 7 watercraft-related telemetry studies, and a carcass salvage The number of registered vessels in manatee mortalities in Lee County, one program. Manatees occur throughout the Lee County has increased by 25 percent of which occurred in the manatee protection area; the extent of over the past 5 years (from 36,255 Caloosahatchee River. use varies by habitat type and time of

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year (White et al., 2002). Telemetry and recovered between the Hart and Acosta c. in the Tomoka River, the current aerial survey data indicate that peak bridges, 6 were recovered between the 40-km-per-hour (25-mph) zone numbers occur between March and June Fuller Warren and Buckman bridges, approximately 1.6 km (1 mile) with heaviest use along the St. Johns and 11 were recovered upstream of the downstream of the I–95 bridge will be River shorelines (typically within 213 Buckman Bridge. Most of these slow speed shoreline to shoreline from meters or 700 feet of shore) upstream of carcasses have been recovered in that April 1 through August 31; the Fuller Warren Bridge and along the portion of the river where manatees and d. from 152 meters (500 feet) north to southeast shoreline of Doctors Lake. The boats are most constricted (FWCC 2003). 305 meters (1,000 feet) south of the latter appears to correlate with the From 1994 to 2001, when the area was Granada Bridge (State Road 40), a highest quality feeding habitat. Recent protected under the initial State rule, distance of approximately 0.5 km (0.3 studies demonstrate little use during the watercraft-related manatee deaths miles) in length, slow speed, year- December through February period averaged two per year between Channel round, channel included; (White et al., 2002). While there were Marker ‘‘73’’ and the Fuller Warren e. from a point 305 meters (1,000 feet) warm water discharges (i.e., power plant Bridge. In 2002, subsequent to adoption south of the Granada Bridge (State Road and industrial effluents) located within of the current rule, one watercraft- 40) to a point 152 meters (500 feet) the area of the refuge, these man-made related carcass was documented in this north of the Seabreeze Bridge, a distance attractants no longer exist. area; a single watercraft-related carcass of approximately 6.4 km (4.0 miles) in Vessel speeds are currently restricted was recovered upstream of the Fuller length, not more than 40 km per hour throughout the manatee protection area. Warren Bridge in 2001. (25 mph) in areas between the existing In 1989, boating restricted areas were We believe the measures in this 91-meter (300-foot) buffers, and adopted by Duval County and regulation will improve manatee including the marked navigation established by the State of Florida for protection in the Lower St. Johns River channel; portions of the St. Johns River. These and are necessary to prevent the taking f. from 152 meters (500 feet) north of include a bank-to-bank, slow-speed of at least one manatee in this area the Seabreeze Bridge, to 152 meters (500 zone between the Florida East Coast through harassment, injury, and/or feet) north of the Main Street Bridge, a Railroad Bridge and the Main Street mortality. The regulation extends distance of approximately 1 km (0.6 Bridge and a ‘‘slow down/minimum coverage to currently unprotected areas miles) in length, slow speed, year- wake when flashing’’ zone between the used by manatees, improves the ability round, channel included; Main Street and Hart Bridges, activated of the public to comply with the vessel g. from Channel Marker ‘‘40’’ south of during special events at the discretion of operation restrictions, and improves the the Seabreeze Bridge to a point a the Jacksonville Sheriff’s Office (16N– ability of law enforcement personnel to minimum of 152 meters (500 feet) north, 24.016 Duval County Boating Restricted enforce the restrictions. The as marked, of the Dunlawton Bridge, a Areas). The first manatee protection configuration is less complicated, easier distance of approximately 6.6 areas were adopted in 1989 by Duval to post, and will reduce reliance on kilometers (4.1 miles) in length, not County and in 1994 by the State of waterway users to judge distances from Florida. These measures included a more than 40 km per hour (25 mph) in the shoreline or the ends of docks and slow speed (channel exempt) zone from areas between the existing 91-meter piers. The regulation will not detract Reddie Point to the Main Street Bridge (300-foot) buffers, and including the from operation of the boater safety zone and a 91-meter (300-foot) shoreline marked navigation channel; downstream of the Main Street Bridge buffer in portions of the St. Johns River h. from a minimum of 152 meters (500 during special events. upstream of the Fuller Warren Bridge. feet) north, as marked, to a minimum of The manatee protection areas were Halifax and Tomoka Rivers Manatee 152 meters (500 feet) south, as marked, reconfigured in 2001. Current protection Refuge of the Dunlawton Bridge, a distance of measures consist of shoreline buffers approximately 0.3 km (0.2 miles) in that vary in width from 91 to 274 meters We are establishing a manatee refuge length, slow speed, year-round, channel (300 to 900 feet). There are provisions in portions of the Halifax River and included. The existing 30-meter (100- upstream of the Fuller Warren Bridge associated waterbodies in Volusia foot) shoreline buffer immediately north that include a shoreline buffer of 152 County (in the Atlantic Region) for the and west of the bridge/causeway for a meters (500 feet) or 61 meters (200 feet) purpose of regulating vessel speeds, distance of approximately 640 meters from the end of docks, whichever is from the Volusia/Flagler county line to (2,100 feet) would also be increased to greater (an expansion of the 1989 91- New Smyrna Beach. Except as provided 91 meters (300 feet) as marked; meter (300-foot) buffer) (68C–22.027 in 50 CFR 17.105, watercraft will be i. from a minimum of 152 meters (500 FAC). We believe that the variable required to proceed as follows: feet) south, as marked, of the Dunlawton shoreline buffers are not adequately a. From the Volusia County/Flagler Bridge to Ponce Inlet, a distance of posted, which makes these areas hard to County line at Halifax Creek south to approximately 10.5 km (6.5 miles) in enforce and difficult for the boating Channel Marker ‘‘9,’’ a distance of length, not more than 40 km per hour public to understand and comply with approximately 11.3 km (7.0 miles) in (25 mph) in waters not more these measures. length, not more than 40 km per hour restrictively designated; along the Overall, 270 manatee deaths were (25 mph) in the channel; western shore of the Halifax River, a recorded in Duval County between 1974 b. from Channel Marker ‘‘9’’ to a point distance of approximately 3.1 km (1.9 and 2002 (FWCC: FMRI Manatee 152 meters (500 feet) north of the miles), not more than 40 km per hour Mortality Database, 2003). Ninety-four Granada Bridge (State Road 40) (25 mph) in the waters not more of these deaths included deaths caused (including the Tomoka Basin), a restrictively designated; in Rose Bay, a by watercraft collision. Fifty-one distance of approximately 5.0 km (3.1 distance of approximately 2.7 km (1.7 watercraft-related manatee carcasses miles) in length, not more than 40 km miles), not more than 40 km per hour were recovered within the manatee per hour (25 mph) in areas between the (25 mph) in waters not more protection area. Of these, 24 were existing 91-meter (300-foot) buffers (and restrictively designated; in Turnbull recovered between Channel Marker including the marked navigation Bay, a distance of approximately 3.9 km ‘‘73’’ and the Matthews Bridge, 10 were channel); (2.4 miles), not more than 40 km per

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hour (25 mph) in waters not more most of the Halifax River (with include transiting, cruising, water restrictively designated; and maximum speeds varying between 40 skiing, fishing, and the use of all water j. in the Intracoastal Waterway and and 48 km per hour (25 and 30 mph) vehicles. This rule will impact adjacent waters from Redland Canal to outside of the buffers), slow speeds in recreational boaters, commercial charter the A1A Bridge (New Smyrna Beach), the downtown Daytona Beach area boats, and commercial fishermen, for a distance of approximately 5.3 km (except for a watersports area to the primarily in the form of restrictions on (3.3 miles) in length, slow speed, year- south of Seabreeze Bridge), and a boat speeds in specific areas. We will round, channel included. complex of varying restrictions between experience increased administrative Manatee presence has been the Dunlawton Bridge and New Smyrna costs due to this rule. Conversely, the documented in this area through aerial Beach. The existing State measures rule may also produce economic surveys, photo-identification studies, include 10 different types of restrictions benefits for some parties as a result of telemetry studies, and a carcass salvage that are used to restrict 30 discrete areas increased manatee protection and program (FWCC, 2003). In general, within the area of the final refuge. decreased boat speeds in the manatee manatees primarily use the Halifax Fifteen watercraft-related manatee refuge areas. River as a travel corridor (Deutsch et al., carcasses were recovered within the Regulatory impact analysis requires 1998 and Deutsch et al., 2000); area of the final refuge since the State the comparison of expected costs and manatees use the downtown Daytona protection areas were first adopted. benefits of the rule against a ‘‘baseline,’’ Beach area marinas as a source of Seven of these deaths occurred in 2001, which typically reflects the regulatory drinking water and may calve there. The and no watercraft-related deaths were requirements in existence prior to the Tomoka River system is a known known to have occurred in 2002. rulemaking. For purposes of this calving area, as evidenced by We believe the measures in this analysis, the baseline assumes that we observations of calving manatees regulation will improve manatee take no additional regulatory actions to (McNerney 1982) and aerial protection in the Halifax and Tomoka protect the manatee. In fact, even with observations of significant numbers of Rivers and will prevent the take of at no further activity by us, an extensive cow and calf pairs (FWCC 2000). Other least one manatee in this area through system of State-designated manatee activities observed throughout these harassment, injury, and/or mortality by protection areas is already in place in systems include playing and/or reducing boat speeds in areas used by each of the manatee refuges. Thus, the engaging in sexual activity, feeding, and manatees, and by improving the ability rule will have only an incremental resting. Manatees are known to occur in of the public to understand and, thus, effect. As discussed below, the net these areas throughout the year (Deutsch comply with protection measures economic impact is not expected to be et al., 1998 and Deutsch et al., 2000), through simplification of restrictions. significant, but cannot be monetized although they are more abundant during given available information. the warmer months of the year (FWCC Required Determinations The economic impacts of this rule 2000). Regulatory Planning and Review would be due to the changes in speed Two hundred and eight manatee zone restrictions in the manatee refuge deaths occurred in Volusia County In accordance with the criteria in areas. These speed zone changes are between 1974 and 2002 (FWCC: FMRI Executive Order 12866, this rule is not summarized below. Manatee Mortality Database, 2003). This a significant regulatory action. The In Lee County, in the Caloosahatchee number includes 60 watercraft-related Office of Management and Budget River area, the designation of the deaths. Of these, 30 carcasses attributed makes the final determination under Caloosahatchee-San Carlos Bay Manatee to watercraft were recovered in coastal Executive Order 12866. Refuge results in the following changes: Volusia County, (including 6 in the a. This rule will not have an annual • The portion of the channel from the Tomoka River system and 16 in the economic impact of over $100 million Seaboard Coastline Railroad trestle at Halifax River). Twenty of these or adversely affect an economic sector, Beautiful Island, downstream to carcasses were recovered over the past productivity, jobs, the environment, or Channel Marker ‘‘25’’ changes from a 40 10 years and seven of these over the past other units of government. A km per hour (25 mph) limit to seasonal 2 years. Three of the watercraft-related quantitative assessment of the costs and slow speed in the marked navigation carcasses were found in the Tomoka benefits is not required, nor is channel from November 15 to March 31, River in 2001. Carcass recovery sites for consideration of alternatives. It is not and not more than 40 kilometers (km) manatees known to have died as a result expected that any significant economic per hour (25 miles per hour (mph)) in of watercraft collision include the lower impacts would result from the the channel from April 1 to November Tomoka River and tributaries, the establishment of three manatee refuges 14. Halifax River in downtown Daytona (approximately 141.6 river km (87.8 • The portion of the channel 152 Beach, areas to the south of Channel river miles)) in five counties in the State meters (500 feet) east and west of the Marker ‘‘40’’ and the Dunlawton Bridge, of Florida. Edison/ Caloosahatchee Bridge complex and areas to the south of Ponce Inlet. The purpose of this rule is to establish changes from 40 km per hour (25 mph) Watercraft-related deaths occur between three manatee protection areas in to slow speed year-round. the months of March and October, with Florida. The three areas are located in • Between the Edison/Caloosahatchee most occurring in May, June, and July. the Caloosahatchee River in Lee County, Bridge complex and Cape Coral Bridge, The existing, State-designated the St. Johns River in Duval, Clay and shoreline buffers approximate the manatee protection areas in coastal St. Johns Counties, and the Halifax existing shoreline protection Volusia County were adopted by the River and Tomoka River in Volusia configuration (i.e., slow speed within State of Florida in 1994 (68C–22.012 County. We are preventing take of 0.4 km (0.25 mile) but limits speeds FAC). These measures include slow and manatees by controlling certain human between the buffers to not more than 40 idle speed restrictions in the Tomoka activity in these three areas. For the km per hour (25 mph). However, this River and associated waterbodies three manatee refuges, the areas are change also eliminates two unprotected (except for in those areas upstream and year-round or seasonal slow speed, or shoreline areas along the north shore at downstream of Alligator Island), 91- speed limits of 40 km per hour (25 and below the Edison/Caloosahatchee meter (300-foot) shoreline buffers along mph). Affected waterborne activities Bridge complex.

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• The shore to shore, channel- the eastern shore and to the mouth of • The area approximately 152 meters included buffer, 152 meters (500 feet) Peter’s Creek (Clay County) along the (500 feet) north of the Seabreeze Bridge east and west of Cape Coral Bridge western shore, slow speed shoreline to 152 meters (500 feet) north of the changes from 40 km per hour (25 mph) buffers change from variable width (152 Main Street Bridge, changes from slow year-round to slow speed year-round, meters (500 feet) from shore or 61 speed (channel included) excepting the channel excluded. meters (200 feet) from the end of docks) watersports area, to slow speed (channel • Between the Cape Coral Bridge and to between 213–305 meters (700–1,000 included) (including the watersports the Shell Island Manatee Refuge, feet) as marked. Boat speed remains area) shoreline to shoreline. shoreline buffers approximate the unregulated outside of the buffer. • Between the shoreline buffers in the existing shoreline protection • In Doctors Lake and Inlet, slow Halifax River from Channel Marker ‘‘40’’ configuration (i.e., slow speed within speed shoreline buffers extend from south of the Seabreeze Bridge to a 0.4 km (0.25 mile)) but limits speeds variable width (152 meters (500 feet) minimum of 152 meters (500 feet) north, between the buffers to not more than 40 minimum or 61 meters (200 feet) as marked, of the Dunlawton Bridge, the km per hour (25 mph). The exception to beyond docks), to a 213–274 meter speed limit changes from 48 km per this is from Channel marker ‘‘72’’ to (700–900 feet) as marked buffer along hour (30 mph) (40 km per hour (25 Channel marker ‘‘76,’’ where the slow both shorelines. Boat speed also remains mph) at night) outside the buffer and in speed zone runs from shoreline to unregulated outside of the buffer. the marked navigation channel to 40 km shoreline. Overall, the Lower St. Johns River per hour (25 mph). • In San Carlos Bay, much of the area Manatee Refuge affects approximately • The shore-to-shore, channel to the west of the Shell Island Manatee 56 km (35 miles) of the St. Johns River included buffer, a minimum of 152 Refuge, south of the Intracoastal and adjacent waters. In areas upstream meters (500 feet) north and south, as Waterway, north of the Sanibel of the Fuller Warren Bridge, newly marked, of the Dunlawton Bridge would Causeway, to a line extending southwest protected areas extend existing slow change from a 91-meter (300-foot) slow from Channel Marker ‘‘7’’, changes from speed areas out no more than an speed buffer 56 km per hour (35 mph unregulated to slow speed year-round. additional 152 meters (500 feet) but will outside of buffer) to slow speed. The The exception to this is the navigation approximate the existing shoreline adjacent western shoreline slow speed channel and adjacent waters, which buffer in many areas. Downstream of the buffer north of the bridge increases from extend from Channel Marker ‘‘99’’ to the Fuller Warren Bridge, shoreline buffers 30 meters (100 feet) to 91 meters (300 Sanibel Causeway, and which remain will be slightly extended from their feet) for a distance of 640 meters (2,100 unregulated. variable widths to the channel. The feet). Speed zones have been in existence in greatest width of the shoreline buffer in • Waters between the Dunlawton the Caloosahatchee River since 1979. this area is approximately 1.6 km (1 Bridge and Ponce Inlet will change from Since 1989, almost all of the near-shore mile). 48 km per hour (30 mph) to 40 km per waters of the Caloosahatchee have been In Volusia County, for the Halifax and hour (25 mph) where it is not more under a slow speed restriction year- Tomoka Rivers Manatee Refuge restrictively designated by existing round. The Caloosahatchee River including the Halifax River and regulation. Manatee Refuge affects approximately tributaries (including Halifax Creek and • Waters adjacent to Ponce Inlet 25.8 km (16 river miles) overall. For the the Tomoka River Complex), the Ponce change from variable zones with 48 km most part, the regulation expands Inlet area, and Indian River North, the per hour (30 mph) within the channel existing slow speed zones in areas final rule will result in the following to not more than 40 km per hour (25 around the bridges, maintains or slightly changes from current speed restrictions: mph) in waters not more restrictively expands shoreline buffers, and slows • The channel in Halifax Creek designated. portions of the navigation channel. changes to 40 km per hour (25 mph) • The Intracoastal Waterway (Indian In Duval, Clay, and St. Johns from 48 km per hour (30 mph) (40 km River North) and adjacent waters from Counties, in the St. Johns River and per hour (25 mph) at night). Redland Canal to the A1A Bridge (New tributaries (including Doctors Lake), the • An approximate 1.6-km (1-mile) Smyrna Beach) maintains the existing designation of the Lower St. Johns River reach of the Tomoka River downstream slow speed (channel included), year Manatee Refuge results in the following of I–95, where the speed restriction was round, designation but eliminates the changes from the current speed 40 km per hour (25 mph), changes to a existing exception for the New Smyrna restrictions: seasonal (April 1 to August 31) slow Beach watersports area. • In the downtown Jacksonville area, speed restriction. Overall, the Halifax River and between Channel marker ‘‘73’’ and the • In the Halifax River from the Tomoka River Manatee Refuge will Main Street Bridge, slow speed zones Tomoka River Basin and the southern affect approximately 58.2 km (36.1 extend out to the channel from 91- to extent of Halifax Creek to 152 meters miles) of Volusia County’s waterways. 274-meter (300- to 900-foot) shoreline (500 feet) north of the Seabreeze Bridge The majority of the changes would buffers. The channel changes from (except in the vicinity of the Granada include reducing the maximum speed unrestricted speed to a 40-km-per-hour Bridge), the speed limit changes from 48 limit, slowing boats around the bridges, (25-mph) limit. km per hour (30 mph) (40 km per hour and reducing or eliminating watersports • Between the Main Street Bridge and (25 mph) at night) outside the buffer and zones. The overall impact of the changes the Fuller Warren Bridge, slow speed in the marked navigation channel to 40 would be to reduce the likelihood of shoreline buffers change from variable km per hour (25 mph). take of manatees in areas where boats width, slow speed (currently variable • In the vicinity of the Granada and manatees are most likely to interact width along the western and northern Bridge (the SR 40 Bridge), the current and to reduce some of the complexity of shore and 183 meters (600 feet) on the shore-to-shore, channel-included buffer, the speed restrictions to be more eastern shore) to bank-to-bank, slow 152 meters (500 feet) north and 305 consistent and clear and thus improve speed (channel included). meters (1,000 feet) south of the bridge, compliance. • South of the Fuller Warren Bridge changes from a 91-meter (300-foot) slow In addition to speed zone changes, the to the southern bank of the mouth of speed buffer (48 km per hour (30 mph) rule no longer allows for the speed zone Julington Creek (St. Johns County) on outside of buffer) to slow speed. exemption process in place under State

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regulations. Currently, Florida’s Economic Benefits home sale price. Slow speed zones were Manatee Sanctuary Act allows the State We believe that the designation of the found to correlate with as much as a 15 to provide exemptions from speed zone three manatee refuges in this rule will to 20 percent increase in sale price, requirements for certain activities, increase the level of manatee protection although this result has not been including fishing and events such as in these areas. Two studies have corroborated by other studies. The high-speed boat races. Under State law, examined the public’s willingness to authors speculated that speed zones commercial fishermen and professional pay for protection of the manatee may increase property values by fishing guides can apply for permits (Bendle and Bell, 1995; Fishkind & reducing noise and fast traffic, as well granting exemption from speed zone Associates, 1993). Based on these as making it easier for boats to enter and requirements in certain counties. contingent valuation studies, we believe leave primary waterways. In each of the three manatee refuge areas there are However, speed zone exemptions have that there is large public support for stretches of river where residential not been authorized in most of the areas manatee protection regulations. affected by the rule. Speed zone It is difficult to apply the results of property owners may experience these exemption permits for commercial these studies to this rule, because benefits. In addition, due to reductions in boat fishing and professional fishing guides neither study measures an impact wake associated with speed zones, are not available for affected areas in similar to that associated with this property owners may experience some rulemaking. For example, the Fishkind Duval County, coastal Volusia County, economic benefits related to decreased and in the Caloosahatchee River (except study was designed to gauge the expenditures for maintenance and along a small portion of San Carlos Bay/ economic impact of the Florida Manatee repair of shoreline stabilization Matlacha Pass, at the mouth of the river) Sanctuary Act. First, the estimates of structures (i.e., seawalls along the (FWCC, 2003g). Exceptions to these economic benefit are predicated on a water’s edge). Speed reductions may final Federal speed zones will require a different baseline in terms of both the also result in increased boater safety. formal rulemaking (including manatee population being protected at Another potential benefit of slower publishing a proposed rule in the that time versus now and the regulatory speeds is that fisheries in these areas Federal Register, public review, and conditions in existence, such as current may be more productive because of less comment) prior to our making a final manatee protection areas. Second, the disturbance. These types of benefits decision. Based on available Fishkind study is not clear about the cannot be quantified with available information, very few events have been type and extent of manatee protection. information. permitted to take place in the affected The study does not clearly state if Based on previous studies, we believe areas in the past 5 years (Service, 2003c; protection refers simply to the that this rule produces some economic Lee County, 2003). Therefore, the lack of establishment of speed zones, or benefits. However, given the lack of a process for speed zone exemptions is whether implementation and information available for estimating not likely to have much impact. enforcement are included. Nor does the these benefits, the magnitude of these study clearly state whether residents are benefits is unknown. In order to gauge the economic effect providing a willingness to pay for of this rule, both benefits and costs must manatee protection for a specific region Economic Costs be considered. Potential economic or for the entire manatee population in The economic impact of the benefits related to this rule include the State of Florida. While neither of designation of three manatee protection increased manatee protection and these studies is specific enough to apply areas results from the fact, that in tourism related to manatee viewing, to this rule, they provide an indication certain areas, boats are required to go increased property values, increased that the public holds substantial value slower than under current conditions. boater safety, increased fisheries health, for the protection of the manatee. As discussed above, an extensive system and decreased seawall maintenance Another potential economic benefit is of manatee speed zones promulgated by costs. Potential economic costs are increased tourism resulting from an the State exists in each of the areas related to increased administrative increase in manatee protection. To the covered under this rule. The rule will activities related to implementing the extent that some portion of Florida’s add to these areas by extending rule and affected waterborne activities, tourism is due to the existence of the shoreline buffers and reducing speed as well as potential decreased property manatee in Florida waters, the limits slightly in some channels. Some values. Economic costs are measured protection provided by this rule may impacts may be felt by recreationists primarily by the number of result in an economic benefit to the who have to use alternative sites for recreationists who use alternative sites tourism industry. We are not able to their activity or who have a reduced for their activity or have a reduced make an estimate of this benefit given quality of the waterborne activity quality of the waterborne activity available information. experience at the designated sites experience at the designated sites. In Florida waterfront property owners because of the rule. For example, the addition, the rule may have some may benefit from manatee protection extra time required for anglers to reach impact on commercial fishing because areas such as the three manatee refuges. fishing grounds could reduce onsite of the need to maintain slower speeds Bell and McLean (1997) showed that fishing time and could result in lower in some areas. While the State of Florida speed zone enforcement may provide an consumer surplus for the trip. Other has 19,312 km (12,000 miles) of rivers economic benefit to adjacent impacts of the rule may be felt by and 1.21 million hectares (3 million landowners. Bell and McLean studied commercial charter boat outfits, acres) of lakes, this rule will affect the impact of posted manatee speed commercial fishermen, and agencies approximately 141.6 km (87.8 river zones on the property values of that perform administrative activities miles). The extension of slower speed waterfront homes in Fort Lauderdale, related to implementing the rule. zones in this rule is not expected to Broward County, Florida. The authors affect enough waterborne activity to found a strong relationship between Affected Recreational Activities create a significant economic impact property values and slow speed zones, For some boating recreationists, the (i.e., an annual impact of over $100 and found evidence that slow speed inconvenience and extra time required million). zones may have a positive impact on to cross additional slow speed areas

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may reduce the quality of the vessel traffic on the Caloosahatchee was surveyed, while cruising was cited by waterborne activity, or cause them to reported as ‘‘traveling,’’ while less than 19 percent and waterskiing was cited by forgo the activity. This will manifest in one percent was engaged in ‘‘skiing’’ 7 percent (Jacksonville University, a loss of consumer surplus to these based on boater compliance 1999). The total number of recreational recreationists. In addition, to the extent observations at 10 sites along the vessels registered in Duval, Clay, and St. that recreationists forgo recreational Caloosahatchee River (Gorzelany, 1998). Johns counties in 2002 is 57,388 activities, this could result in some Based on these trends, it appears that (Division of Highway Safety and Motor regional economic impact. In this most recreational waterborne activity on Vehicles, 2003). The portion of these section, we examine the waterborne the Caloosahatchee River will be vessels using the St. Johns River area activities taking place in each area and affected by the manatee refuge. While covered by the designation is unknown. the extent to which they may be affected the designation will cause an increase in Recreational fishing for bass, redfish, by designation of the manatee refuges. travel time, it is unlikely that the sea trout, croaker, and flounder, as well The resulting potential economic increase will be great enough to cause as shrimping with nets, are popular impacts are discussed below for each a significant economic dislocation. activities in the near-shore waters of the manatee refuge area. These impacts Much of the boat traffic on the St. Johns River south of the Fuller cannot be quantified because the Caloosahatchee likely originates from Warren Bridge. Because the submerged number of recreationists and anglers the Cape Coral Canal system (FWCC, aquatic vegetation near shore provides using the designated sites is not known. 2002) and would experience added food, and docks provide protection, for travel time of approximately 15 minutes Caloosahatchee River Area: In the the fish, this is where the fishing (from Cape Coral Bridge to Sanibel Caloosahatchee River Manatee Refuge, activity primarily takes place (FWCC, Causeway) for a trip that currently lasts affected waterborne activities include 2003c). Because recreational fishing is 50 minutes. At most, a boat traveling transiting, fishing, sailing, waterskiing, likely occurring primarily in existing from Beautiful Island to the Sanibel and personal watercraft use. The slow speed areas, the extension of slow Causeway will experience an estimated number of registered recreational speed zones by not more than 152 added travel time of 20 minutes to 35 vessels in Lee County in 2002 was meters (500 feet) further will not have minutes (depending on time of the year) 45,413 (Division of Highway Safety and a significant effect. Recreationists due to the final designation; currently Motor Vehicles, 2003). Based on aerial engaging in fishing or cruising are this trip would take approximately 1 unlikely to experience much impact due surveys and boat traffic surveys and one-quarter hours. conducted in 1997 and 1998, the highest to the regulation. The expanded/ The small percentage of recreational extended buffers are not expected to number of vessels observed on the boaters using the river for waterskiing or Caloosahatchee River sites on a given increase travel times by any more than personal watercraft use will choose about 8 minutes (one way). The day was 477 vessels. Based on aerial, either to go to alternative sites such as designation will cause some boat traffic, and boater compliance San Carlos Bay or Pine Island Sound or inconvenience in travel time, but surveys of the Caloosahatchee River, to forgo the activity. The amount of alternative sites within the proximity of over 60 percent of vessels observed were added travel time to get to an alternative designated areas are available for all small powerboats, while less than seven site will depend on the origin of the trip waterborne activities. Because the percent were personal watercraft (e.g., and whether the trip originates from a designated areas are part of larger jet skis) (Gorzelany, 1998). Waterskiing dock or a ramp. For example, ramp waterbodies where large areas remain and personal watercraft use in the users may choose to trailer their boats unrestricted, the impact of the Caloosahatchee primarily occurs to a different location, closer to the designation on recreational waterborne between the Caloosahatchee and Cape alternative site, and may experience Coral Bridges (Lee County, 2003). Shell little added travel time. For dock users, activities in the St. Johns River and Point and Redfish Point are also popular under the rule, travel time on the adjacent waterbodies will be limited. access areas where personal watercraft Caloosahatchee from the Cape Coral Recreationists engaging in cruising, use may be affected (FWCC, 2002). The Bridge to the Sanibel Causeway could fishing, and waterskiing may experience Caloosahatchee River area is also a be approximately 1 and one-quarter some inconvenience by having to go popular location for recreational guiding hours. The amount of added travel time slower or use undesignated areas; for snook and redfish fishing, and the expected quality of the however, the extension of slow speed particularly at night (FWCC, 2003c). The experience will likely influence the zones is not likely to result in a extra time required for anglers to reach recreationists’ choice of whether to significant economic impact. fishing grounds could reduce onsite travel to an alternative site or forgo the Halifax River and Tomoka River Area: fishing time and could result in lower activity. The number of recreationists In the Halifax River and Tomoka River consumer surplus for the trip. The who will use alternative sites or forgo Manatee Refuge, affected waterborne number of anglers on the recreational activities is unknown, but it activities include fishing, traveling, Caloosahatchee, and their origins and is not expected to be a large enough cruising, waterskiing, and personal destinations, are currently unknown. number to result in a significant watercraft use. Based on a boating One study indicates that approximately economic impact. activity study that relied on a variety of 70 percent of the boat traffic on the St. Johns River Area: In the Lower St. survey mechanisms, the two most Caloosahatchee originates from the Cape Johns River Manatee Refuge, the popular activities in the Intracoastal Coral Canal system (FWCC, 2002). affected recreational waterborne Waterway in Volusia County were Another boat traffic survey indicated activities are likely to include cruising, recreational fishing and traveling that the majority of boat traffic exits the fishing, and waterskiing. Based on a (Volusia County Environmental Caloosahatchee River in the morning survey of boat ramp users in Duval Management Services, 1996). and enters the river in the afternoon. County, these three activities were the Recreationists engaging in fishing or The majority of vessels leaving the most popular reasons cited as the traveling are unlikely to experience Caloosahatchee River travel south primary purpose of the trip. much impact due to the regulation. The toward the Sanibel Causeway and Gulf Recreational fishing was cited as the two most popular destinations are the of Mexico. Approximately 94 percent of primary purpose by 62 percent of those Mosquito Lagoon and the Ponce Inlet

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area (Volusia County Environmental remains unrestricted between the Affected Commercial Fishing Activities Management, 2002). Recreationists channel and the expanded shoreline Several commercial fisheries may engaging in fishing or traveling may buffer, or in the Ponce Inlet vicinity, experience some impact due to the experience some inconvenience by approximately 20 km (12.5 miles) regulation. Specifically, the blue crab having to go slower; however, small downriver. Under the rule, travel time fishery and, to a lesser extent, mullet changes in boater behavior due to the from the Daytona Beach watersports fishing, along the Caloosahatchee River; extension of slow speed zones should area (south of Seabreeze Bridge) to the the crab and shrimp industries in the St. not result in a significant economic Ponce Inlet area would be Johns River; and the crab and mullet impact. approximately one hour. Added travel fishing industries in Volusia County For the Tomoka River, the primary time to reach alternative sites would may experience some economic impact. activity affected by the designation is depend on the origin of the trip, which To the extent that the regulation waterskiing. A ski club has used the is currently unknown. The regulation establishes additional speed zones in river in an area currently designated at may cause some personal watercraft commercial fishing areas, this may 40 km per hour (25 mph). This will users to forgo this activity, or may increase the time spent on the fishing change to slow speed for a portion of the reduce the quality of their experience. activity, affecting the efficiency of year. The nearest alternative site where The number of PWC users that may be these recreationists can water ski is at commercial fishing. While limited data affected and the number of trips per are available to address the size of the least 11 to 16 km (7 to 10 miles) away year are not currently known. To the (Volusia County, 2003). It is estimated commercial fishing industry in the extent that these recreationists choose to manatee refuges, county-level data that the on-the-water travel time for the forgo the activity, this could also impact skiers to reach the nearest alternative generally provide an upper bound local businesses that rent personal estimate of the size of the industry and site could be up to 21⁄2 hours. The watercraft. regulation may cause some water skiers potential economic impact. This section Currently, not enough data are first provides some background on the to forgo this activity, or may reduce the available to estimate the loss in quality of their experience. The number blue crab industry in Florida, and then consumer surplus that water skiers in of skiers that may be affected and the addresses the impact of the rule on the the Tomoka River or PWC users in the number of trips per year are not commercial fishing industry for each Halifax River will experience. While currently known. With additional manatee refuge area. some may use substitute sites, others information on the number of affected One industry in particular that may be may forgo the activity. The economic individuals, we could estimate the affected by the rule is the blue crab impact associated with these changes on impact of lost or diminished skiing days fishery, which represents a sizeable demand for goods and services is not given the value of a waterskiing day industry in the State of Florida. Based known. However, given the number of published in the literature. One study on a study done for the Florida Fish and recreationists potentially affected, and by Bergstrom and Cordell (1991) Wildlife Commission, Division of suggested the lost surplus value may be the fact that alternative sites are Marine Fisheries (Murphy et al., 2001), $38/day (2002$) for a day of available, it is not expected to amount between 1986 and 2000 the average waterskiing. They applied a multi- to a significant economic impact. annual catch statewide was 6.4 million community, multi-site travel cost model Affected Commercial Charter Boat kilograms (14.1 million pounds) (39.7 to estimate demand for 37 outdoor Activities million crabs). However, year to year recreational activities and trip values, fluctuation is significant, including including water skiing. The analysis Various types of charter boats use the highs of 8.2 million kilograms (18 was based on nationwide data from the waterways in the affected counties, million pounds) statewide in 1987 and Public Area Recreational Visitors Study primarily for fishing and nature tours. 1996 and a low of 2.5 million kilograms collected between 1985 and 1987 and The number of charter boats using the (5.5 million pounds) statewide in 1991. several secondary sources. Caloosahatchee, Halifax, and St. Johns In the last 3 years, blue crab landings In the Halifax River, one of the Rivers, and their origins and have been depressed throughout the activities that may be affected by the destinations, are currently unknown. East Coast and Gulf of Mexico, though designation is personal watercraft For nature tours, the extension of slow specific reasons for this are unknown at (PWC) use. These activities are speed zones is unlikely to cause a this time (FWCC, 2003d). Landings in primarily taking place in the significant impact, because these boats 2001 were approximately 3.4 million recreational zones located south of the are likely traveling at slow speeds. The kilograms (7.4 million pounds) Seabreeze Bridge and north of the extra time required for commercial statewide. Based on a 2001 weighted Dunlawton Bridge. PWC likely represent charter boats to reach fishing grounds average price of $1.06 per 0.5 kilograms a very small portion of vessels on the could reduce onsite fishing time and (pound) of crab, this represents just Intracoastal Waterway in Volusia could result in fewer trips. The fishing under $8 million (FWCC: FMRI, 2003). County. Based on a boating activity activity is likely occurring at a slow Data from 2001 on marine fisheries study from 1994 to 1995, less than two speed and will not be affected. In the landings from FWCC: FMRI is percent of observations in the Caloosahatchee and St. Johns Rivers, preliminary and subject to revision. Intracoastal Waterway area were PWCs fishing charters may experience some Caloosahatchee River Area: Lee (based on 12,000 observations during impact from the extension of slow speed County, where the Caloosahatchee River aerial, boat ramp and shoreline, and zones, depending on their origins and Manatee Refuge is located, had 157 mailing surveys) (Volusia County destinations. Added travel time may licensed blue crab boat operators in Environmental Management Services, affect the length of a trip, which could 2001 (FWCC: FMRI, 2003). Crabbing in 1996). The number of pleasure PWC in result in fewer trips overall, creating an the Caloosahatchee is likely to be Volusia County in 2000 was 2,432, with economic impact. In the Halifax River, minimally impacted by limited 204 rental PWC (FWCC, 2000a). The it is likely that most fishing charters are extension of slow speed areas. In slow nearest alternative site for using heading offshore or to the Mosquito speed areas crab boats have to travel at personal watercraft is near the Lagoon and will experience little impact slower speeds between crab pots, Dunlawton Bridge, where an area from the rule (Volusia County, 2003). thereby potentially reducing the number

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of crabs landed on a daily basis. For north (i.e., downstream) of the bridge speeds between fishing grounds, thereby example, to the extent that crab boat consists primarily of shrimping, while potentially increasing the time it takes operators frequently change fish pot commercial fishing activity south of the to access fishing areas and reducing locations in search of optimal fishing bridge consists primarily of blue crab shrimp landed on a daily basis grounds, this activity could be slightly fishing. Commercial net shrimping is (Jacksonville Port Authority, 2003). affected by extension of some existing not allowed south of the Fuller Warren The majority of commercial slow speed zones (FWCC, 2003a). Bridge (Jacksonville Port Authority, shrimping activity in the St. Johns River In 2001, blue crab landings in Lee 2003). occurs between the mouth of Trout County were 175,805 kilograms Commercial blue crab fishing occurs River and the Fuller Warren Bridge, (387,585 pounds), and the weighted both north and south of the Fuller which approaches the northern limit of average price was $1.06 per 0.5 Warren Bridge. Crab fishing is likely to the St. Johns Manatee Refuge kilograms (pound) for blue crab be impacted by the manatee refuge. The (Jacksonville Port Authority, 2003). statewide. The entire value of the blue extension of the shoreline buffer zone Commercial shrimping activity in Duval crab fishery in Lee County is estimated may impact fishing operations because County also occurs along the Nassau to be $411,167 (FWCC: FMRI, 2003). the majority of crabbing activity takes River, which represents the border Only a very small portion of this value place in the submerged aquatic between Duval and Nassau County, and, is likely to be affected, as the activity vegetation, which is located along the to a lesser extent, along the Intracoastal will still occur but with some limited immediate shoreline (FWCC, 2003b). Waterway (FWCC, 2003f). Shrimp changes due to additional speed zones. Therefore, when crabbers enter and exit landings in Clay County are negligible, In addition, this figure includes these shoreline areas, they will be based on the fact that commercial landings for all of Lee County. The required to travel slowly (i.e., 6.4 to 12.9 shrimping is not allowed upriver of the number of crab boats operating and the km per hour (4 to 8 mph)) for not more Fuller Warren Bridge. Shrimp landings amount of blue crab landings occurring than 152 additional meters (500 feet) in St. Johns County most likely in areas that would be newly designated (incremental to the existing variable represent activity along the Intracoastal speed zones under this rule is unknown. width shoreline buffer). In addition, Waterway and not in the St. Johns River Crabbing likely occurs in parts of Lee travel between pots within the buffer area. While some limited commercial County outside of the Caloosahatchee will also be slowed, thereby potentially bait shrimping occurs along this stretch River, including Charlotte Harbor, San reducing the number of crabs landed on of river, the vast majority of commercial Carlos Bay, Estero Bay, etc. (FWCC, a daily basis. However, once outside the shrimping in this area is related to the 2003e). The county-wide figures provide shoreline buffer, boats can travel up to harvest of shrimp for food production an upper bound estimate of the 40 km per hour (25 mph) in areas (FWCC, 2003e). In 2001, based on economic impact on this fishery; this downstream of the Fuller Warren shrimp landings in Duval County of would assume that the regulation closed Bridge, and at unrestricted speeds 997,903 kilograms (2.2 million pounds), down the entire fishery, which is not upstream. and the weighted average price of $2.33 the case. There were 61 commercial licences for shrimp statewide, the value of the In Lee County, commercial mullet for blue crab issued in Duval County in shrimp fishery in Duval County is fishing is also occurring in the 2001 (FWCC: FMRI, 2003). In 2001, estimated to be about $5.2 million Caloosahatchee River Manatee Refuge based on blue crab landings in Duval (FWCC: FMRI, 2003). Less than one area. These fishermen may also be County of 506,401 pounds, and the percent of commercial shrimp landings impacted by slower commuting times weighted average price of $1.06 per 0.5 in 2001 in Duval County are related to from boat launch (e.g., dock or ramp) to kilogram (pound) for blue crab bait shrimp (FWCC: FMRI, 2003); fishing grounds. However, fishing statewide, the value of the blue crab therefore, these figures represent only activity associated with mullet fishing fishery in Duval County is estimated to food shrimp harvest. Only a small generally includes slow net casting be $537,213 (FWCC: FMRI, 2003). Only portion of this value is likely to be within a relatively small geographic area a small portion of this value is likely to affected, as the activity will still occur (FWCC, 2003e). Therefore, speed limits be affected, as the activity will still but with some changes due to additional are likely to have a very limited effect occur but with some changes due to speed zones. In addition, this figure on mullet fishing. In 2001, based on additional speed zones. In addition, this includes landings for all of Duval mullet landings in Lee County of figure includes landings for all of Duval County. The number of shrimp boats 997,903 kilograms (2.2 million pounds), County. The number of crab boats operating and the amount of shrimp and the weighted average price of $0.66 operating and the amount of blue crab landings occurring in areas that would for mullet statewide, the value of the landings occurring in areas that are be newly designated speed zones under mullet fishery in Lee County is newly designated speed zones under this rule is unknown. The county-wide estimated to be $1.4 million (FWCC: this rule is unknown. The county-wide figures provide an upper bound estimate FMRI, 2003). Only a very small portion figures provide an upper bound estimate of the economic impact on this fishery; of these values is likely to be affected, of the economic impact on this fishery; this would assume that the regulation as the activity will still occur but with this would assume that the regulation closed down the entire fishery, which is some changes due to additional speed closed down the entire fishery, which is not the case. zones. In addition, this figure includes not the case. Halifax River and Tomoka River Area: landings for all of Lee County. The Commercial shrimping north of the In Volusia County, the Halifax River and amount of mullet fishing occurring in Fuller Warren Bridge in the St. Johns Tomoka River Manatee Refuge includes areas that would be newly designated River is likely to receive minimal a variety of waterways, including the speed zones under this rule is unknown. impact due to the extension of year- Tomoka River, the Tomoka Basin, St. Johns River Area: In the Lower St. round slow speed areas outside of the Halifax Creek, and the Halifax River. In Johns River Manatee Refuge, most of marked channels. Impacts to this these areas, it is likely that blue crab which is in Duval County, current industry are likely to be minimal and mullet fishing activities will be commercial fishing can be divided into because shrimp boats tend to trawl at a impacted by the speed zones. As activity south and north of the Fuller slow speed. Nonetheless, shrimp boats discussed above for Lee County, crab Warren Bridge. Commercial fishing will still be required to travel at slower boats will have to travel at slower

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speeds in some locations between crab manatee refuge designations will not recreationists, and may lead some pots, thereby potentially reducing the prohibit any commercial fishing recreationists to forgo the activity. The number of crabs landed on a daily basis. activity, and because there is a corridor extension of existing State speed zones The speed limits may also slow transit available for boats to travel up to 40 km for 156 km (97 miles) is not expected to speeds between fishing grounds for both per hour (25 mph) in most affected affect waterborne activity to the extent crab and mullet fishing boats. As noted areas, it is unlikely that the rule will that it would have a significant above, mullet fishing activity generally result in a significant economic impact economic impact. The rule does not includes slow net casting and, therefore, on the commercial fishing industry. It is prohibit recreationists from such activities are unlikely to receive important to note that in 2001, the total participating in any activities. much impact. Note also that along the annual value of potentially affected Alternative sites are available for all Halifax River, a corridor is available for fisheries is approximately $8.3 million waterborne activities that may be boats to travel up to 25 mph. The (2001$); this figure represents the affected by this rule. The distance that manatee refuge area along the Halifax economic impact on commercial recreationists may have to travel to River stretches from the Flagler-Volusia fisheries in these counties in the reach an un-designated area varies. County line in Halifax Creek past the unlikely event that the fisheries would Water skiers in the Tomoka River will Ponce de Leon Inlet to the South be entirely shut down, which is not the likely experience the greatest Causeway Bridge (New Smyrna Beach), situation associated with this rule. inconvenience in terms of added travel a distance of approximately 43.5 km (27 Agency Administrative Costs time, as travel by water to the nearest miles). The waterbody ranges from 0.5 alternative site could take km (0.3 miles) to just over 1.6 km (1 The cost of implementing the rule has 1 been estimated based on historical approximately 2 ⁄2 hours depending on mile) in width. The manatee refuge also time of year. The regulation will likely includes tributaries and river basins of expenditures by the Service for manatee refuges and sanctuaries established impact some portion of the charter boat varying length and width. The number and commercial fishing industries in of fishing boats operating and the previously. The Service expects to these areas as well. The inconvenience amount of blue crab and mullet landings spend approximately $600,000 (2002$) of having to go somewhat slower in occurring in areas that are newly for posting and signing 15 previously some areas may result in changes to designated speed zones under this rule designated manatee protection areas. commercial and recreational behavior, is unknown. This represents the amount that the There were 128 licensed blue crab Service will pay contractors for creation resulting in some regional economic operators in Volusia County in 2001. In and installation of manatee signs. While impacts. Given available information, 2001, based on blue crab landings in the number and location of signs needed the net economic impact of designating Volusia County of 230,577 kilograms to post the manatee refuges is not the three manatee refuges is not (508,337 pounds), and the weighted known, the cost of manufacturing and expected to be significant (i.e., an average price of $1.06 for blue crab posting signs to delineate the manatee annual economic impact of over $100 statewide, the value of the blue crab refuges in this rule is not expected to million). While the level of economic fishery in Volusia County is estimated exceed the amount being spent to post benefits that may be attributable to the to be $539,266 (FWCC: FMRI, 2003). In previously designated manatee manatee refuges is unknown, these 2001, based on mullet landings in protection areas (Service, 2003a). In benefits would cause a reduction in the Volusia County of 188,675 kilograms addition, the Service anticipates that it economic impact of the rule. (415,958 pounds), and the weighted will spend $1.7 million (2002$) for b. The precedent to establish manatee average price of $0.66 for mullet enforcement of newly designated protection areas has been established statewide, the value of the mullet manatee refuges annually. These costs primarily by State and local fishery in Volusia County is estimated are overstated because they represent governments in Florida. We recognize to be $272,591 (FWCC: FMRI, 2003). the cost of enforcing 13 new manatee the important role of State and local Only a very small portion of these refuges and sanctuaries designated partners and continue to support and values is likely to be affected, as the earlier on November 8, 2002, as well as encourage State and local measures to crabbing and fishing activities will still the 3 manatee refuges included in this improve manatee protection. We are occur but with some changes due to rule. The costs of enforcement include designating areas where existing State additional speed zones. In addition, hiring and training five new law and local designations are considered crabbing and mullet fishing occur in enforcement agents and two special minimal protection and where existing parts of Volusia County outside of the agents, and the associated training, designations are confusing and/or manatee refuge area, including equipment, upkeep, and clerical support unenforceable. Mosquito Lagoon, St. Johns River, Lake (Service, 2003b). Finally, there may be c. This rule will not materially affect George, etc. (Ponce Inlet Authority, some costs for education and outreach entitlements, grants, user fees, loan 2003). The county-wide figures provide to inform the public about these new programs, or the rights and obligations an upper bound estimate of the manatee refuge areas. of their recipients. Minimal restriction economic impact on these fisheries; this While the State of Florida has 19,312 to existing human uses of the sites would assume that the regulation closed km (12,000 miles) of rivers and 1.21 would result from this rule, but the down the entire fishery, which is not hectares (3 million acres) of lakes, the restriction is believed to enhance the case. rule will affect approximately 156 Given available data, the impact on kilometers (97 river miles). The speed manatee viewing opportunities. No the commercial fishing industry of restrictions on approximately 156 km entitlements, grants, user fees, loan extending slow speed zones in portions (97 miles) of manatee refuges in this programs or effects on the rights and of the Caloosahatchee, St. Johns, and rule will cause inconvenience due to obligations of their recipients are Halifax Rivers cannot be quantified. The added travel time for recreationists and expected to occur. designation will likely affect commercial charter boats and d. This rule does not raise novel legal commercial fishermen by way of added fishermen. As a result, the rule will or policy issues. We have previously travel time, which may result in an impact the quality of waterborne established other manatee protection economic impact. However, because the activity experiences for some areas.

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Regulatory Flexibility Act if recreationists choose to reduce their As stated above, economic impacts are We certify that this rule will not have level of participation in waterborne believed to be minor and mostly will a significant economic effect on a activities. Similarly, because the only not interfere with the existing operation substantial number of small entities as restrictions on commercial activity of small businesses in the affected defined under the Regulatory Flexibility result from the inconvenience of added counties. Act (5 U.S.C. 601 et seq.). An initial/ travel time, and boats can continue to Selected economic characteristics of final Regulatory Flexibility Analysis is travel up to 40 km per hour (25 mph) the five affected counties are shown in not required. Accordingly, a Small in most areas, we believe that any Table 1. As demonstrated in the table, Entity Compliance Guide is not economic effect on small commercial all counties except St. Johns have a required. fishing or charter boat entities will not lower per capita income than the State In order to determine whether the rule be significant. Also, the indirect average. Growth in total personal will have a significant economic effect economic impact on small businesses income is slower than the statewide on a substantial number of small that may result from reduced demand average in Duval, Lee, and Volusia entities, we utilize available information for goods and services from commercial Counties. St. Johns County greatly on the industries most likely to be entities is likely to be insignificant. exceeds the statewide average in growth affected by the designation of three In order to determine whether small in both total and per capita personal manatee refuges. Currently no entities will be affected significantly, we income. For all five counties, the information is available on the specific examined county-level earnings data. services sector represents the industry number of small entities that are We compared personal income data for with the greatest earnings. The potentially affected. This rule will add the counties potentially affected to proportion of industry earnings travel time to boating recreationist’s and statewide averages to provide some attributable to amusement and commercial activities resulting from background information about each recreation (a subcategory of the services extension of existing speed zones. county’s economic situation. Because industry potentially impacted by the Because the only restrictions on specific information about earnings of rule) was relatively low for each county, recreational activity result from added small entities potentially affected (both ranging from one to five percent of total travel time, and alternative sites are the total level and the amount of industry earnings. As a result, a small available for all waterborne activities, earnings potentially affected by the rule) impact to the recreation sector is we believe that the economic effect on is not available, we examined county- unlikely to have a significant effect on small entities resulting from changes in level earnings for industries potentially county-level income. Similarly, the recreational use patterns will not be impacted by the designation. We further proportion of industry earnings related significant. The economic effects on analyzed county business patterns data to the fishing sector was less than 0.2 small business resulting from this rule to examine the numbers of percent for each county. Thus, a small are likely to be indirect effects related to establishments in the affected counties impact to the fishing sector is unlikely reduced demand for goods and services that have a small number of employees. to adversely affect county-level income. TABLE 1.—ECONOMIC CHARACTERISTICS OF THE FIVE AFFECTED COUNTIES IN FLORIDA—2000

10-year an- Amusement and recreation Fishing industry earnings Per capita 10-year an- Total earnings industry earnings nual growth Total personal nual growth Counties personal in- of per capita of total per- by industry— come 2000 income 2000 sonal in- all industries Thousands Percent of income a (000$) Thousands Percent of ($) come a (per- (000$) of dollars total (percent) cent) of dollars total

Clay ...... 25,421 3.8 3,601,576 8.4 1,225,569 18,565 1.5 73 0.01 Duval ...... 27,084 4.1 21,118,751 6.3 19,916,074 194,900 1.0 3,440 0.02 Lee ...... 26,655 3.0 11,833,528 7.0 6,379,956 106,875 1.7 10,619 0.17 St. Johns...... 40,635 7.7 5,057,864 15.9 1,553,900 82,280 5.3 581 0.04 Volusia ...... 22,574 3.6 10,046,808 6.2 4,748,268 128,280 2.7 (b) na State of Florida ...... 27,764 4.0 445,739,968 7.2 282,260,357 5,392,786 1.9 85,609 0.03 Source: Bureau of Economic Analysis (BEA), Regional Economic Information System, Regional Accounts Data, Local Area Personal Income (http:// www.bea.doc.gov/bea/regional/reis/). aGrowth rates were calculated from 1990 and 2000 personal income data. bBEA has withheld this information in order to avoid disclosure of confidential information.

The employment characteristics of the included the following SIC (Standard • Water transportation (SIC 44) five affected counties are shown in Industrial Classification) categories, • Miscellaneous retail (SIC 59) Table 2. The latest available published because they include businesses most • Amusement and recreation services data for the total number of likely to be directly affected by the (SIC 79) establishments broken down by designation of the manatee refuges: • Non-classifiable establishments industry and county are from 1997. We • Fishing, hunting, trapping (SIC 09) (NCE)

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TABLE 2.—EMPLOYMENT CHARACTERISTICS OF THE FIVE AFFECTED COUNTIES IN FLORIDA—1997 (Includes SIC Codes 09, 44, 59, 79, and NCEa)

Select SIC Codes (Includes SIC Codes 09, 44, 59, 79, Mid- and NCEa) Total Mid- March Total es- March employ- tablish- Number employ- Number Number Number Counties mentb ments (all of estab- b Total es- of estab- of estab- of estab- ment (all (select indus- lishments indus- tablish- lishments lishments lishments SIC tries) ments (1–4 em- (5–9 em- (10–19 (20+ em- tries) codes) employ- ployees) ployees) ees) ployees)

Clay ...... 28,106 1,940 2,747 255 158 48 30 19 Duval ...... 361,302 14,459 21,016 1,510 877 330 164 139 Lee ...... 135,300 7,734 11,386 974 602 193 92 87 St. Johns...... 33,173 1,971 3,127 273 177 58 24 14 Volusia ...... 127,948 7,116 10,716 989 643 188 73 85 Source: U.S. Census County Business Patterns (http://www.census.gov/epcd/cbp/view/cbpview.html). a Descriptions of the SIC codes included in this table as follows: SIC 09—Fishing, hunting, and trapping SIC 44—Water transportation SIC 59—Miscellaneous retail service division. SIC 79—Amusement and recreation services NCE—non-classifiable establishments division b Table provides the high-end estimate whenever the Census provides a range of mid-March employment figures for select counties and SIC codes.

As shown in Table 2, the vast majority recreationists to change their behavior, demand for goods and services if (over 80 percent) of these business which may cause some loss of income recreationists choose to reduce their establishments in each of the five to some small businesses. The number level of participation in waterborne affected counties have less than ten of recreationists that will change their activities. Similarly, because the only employees, with the largest number of behavior, and how their behavior will restrictions on commercial activity establishments employing less than four change, is unknown; therefore, the result from the inconvenience of added employees. In addition, in 1997, only impact on potentially affected small travel time, and boats can continue to four to seven percent of total mid-March business entities cannot be quantified. travel up to 40 km per hour (25 mph) employment for industries in the However, because boaters will in most areas, we believe that any affected counties was in the industries experience only minimal added travel economic impact on small commercial likely to be affected by the rule. Any time in most affected areas, we believe fishing or charter boat entities will not economic impacts associated with this that this designation will not cause a be significant. Also, the indirect rule will affect some proportion of these significant economic impact on a economic impact on small businesses small entities. substantial number of small entities. that may result from reduced demand Since the designation is for the for goods and services from commercial development of manatee refuges, which Small Business Regulatory Enforcement entities is likely to be insignificant. only require a reduction in speed, we do Fairness Act b. Will not cause a major increase in not believe the designation would cause This rule is not a major rule under 5. costs or prices for consumers, significant economic effect on small U.S.C. 804 (2). This rule: individual industries, Federal, State, or businesses. For example, because the a. Does not have an annual effect on local government agencies, or manatee refuge designations will not the economy of $100 million or more. geographic regions. It is unlikely that prohibit any commercial fishing As shown above, this rule may cause there are unforeseen changes in costs or activity, and because there is a route some inconvenience in the form of prices for consumers stemming from available for boats to travel at up to 40 added travel time for recreationists and this rule. The recreational charter boat km per hour (25 mph) in most areas, it commercial fishing and charter boat and commercial fishing industries may is unlikely that the rule will result in a businesses because of speed restrictions be affected by lower speed limits for significant economic impact on in manatee refuge areas, but this should some areas when traveling to and from commercial fishing entities. Currently not translate into any significant fishing grounds. However, because of available information does not allow us business reductions for the many small the availability of 40-km-per-hour (25- to quantify the number of small businesses in the five affected counties. mph) routes in most areas, this impact business entities such as charter boats or An unknown portion of the is likely to be limited. commercial fishing entities that may establishments shown in Table 2 could c. Does not have significant adverse incur direct economic impacts due to be affected by this rule. Because the effects on competition, employment, the inconvenience of added travel times only restrictions on recreational activity investment, productivity, innovation, or resulting from the rule. An examination result from added travel time, and the ability of U.S.-based enterprises to of county level information indicates alternative sites are available for all compete with foreign-based enterprises. that these economic impacts will not be waterborne activities, we believe that As stated above, this rule may generate significant for the affected counties. the economic impact on small entities some level of inconvenience to Based on an analysis of public resulting from changes in recreational recreationists due to added travel time, comment, further refinement of the use patterns will not be significant. The but the resulting economic impacts are impact on small entities may be economic impacts on small business believed to be minor and will not possible. In addition, the inconvenience resulting from this rule are likely to be interfere with the normal operation of of slow speed zones may cause some indirect effects related to reduced businesses in the affected counties.

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Added travel time to traverse some areas Civil Justice Reform Regulation Promulgation is not expected to be a major factor that In accordance with Executive Order ■ will impact business activity. Accordingly, we amend part 17, 12988, the Office of the Solicitor has subchapter B of chapter I, title 50 of the Energy Supply, Distribution or Use determined that the rule does not Code of Federal Regulations, as follows: (Executive Order 13211) unduly burden the judicial system and meets the requirements of sections 3(a) PART 17—[AMENDED] On May 18, 2001, the President issued and 3(b)(2) of the Order. Executive Order 13211 on regulations ■ 1. The authority citation for part 17 that significantly affect energy supply, Paperwork Reduction Act continues to read as follows: distribution, and use. Executive Order This regulation does not contain Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 13211 requires agencies to prepare collections of information that require 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Statements of Energy Effects when approval by the Office of Management 625, 100 Stat. 3500; unless otherwise noted. undertaking certain actions. Because and Budget under 44 U.S.C. 3501 et seq. ■ 2. Amend § 17.108 by adding this rule is not a significant regulatory The regulation would not impose new paragraphs (c)(12) through (c)(14) as action under Executive Order 12866 and recordkeeping or reporting requirements follows: it only requires vessels to proceed at on State or local governments, slow or idle speeds in less than 11.2 km individuals, businesses, or § 17.108 List of designated manatee (7 miles) of waterways in Florida, it is organizations. protection areas. not expected to significantly affect National Environmental Policy Act * * * * * energy supplies, distribution, and use. (c) * * * Therefore, this action is not a significant We have analyzed this rule in (12) The Caloosahatchee River—San energy action and no Statement of accordance with the criteria of the Carlos Bay Manatee Refuge. Energy Effects is required. National Environmental Policy Act. (i) The Caloosahatchee River—San This rule does not constitute a major Unfunded Mandates Reform Act Carlos Bay Manatee Refuge is described Federal action significantly affecting the as all waters of the Caloosahatchee River In accordance with the Unfunded quality of the human environment. An and San Carlos Bay downstream of the Mandates Reform Act (2 U.S.C. 1501 et environmental assessment has been Seaboard Coastline trestle at Beautiful seq.): prepared and is available for review Island to Channel Marker ‘‘93’’ and from upon request by writing to the Field Channel Marker ‘‘99’’ to the Sanibel a. This rule will not ‘‘significantly or Supervisor (see ADDRESSES section). uniquely’’ affect small governments. A Causeway, in Lee County. A map Small Government Agency Plan is not Government-to-Government showing the refuge and four maps required. The designation of manatee Relationship With Tribes showing specific areas in the refuge are refuges imposes no substantial new at paragraph (12)(x) of this section. In accordance with the President’s (ii) From the Seaboard Coastline obligations on State or local memorandum of April 29, 1994, governments. Railroad trestle at Beautiful Island, ‘‘Government-to-Government Relations downstream to Channel Marker ‘‘25’’, a b. This rule will not produce a with Native American Tribal distance of approximately 1.6 Federal mandate of $100 million or Governments’’ (59 FR 22951), E.O. kilometers (1 mile), watercraft are greater in any year, i.e., it is not a 13175, and 512 DM 2, we have required to proceed at slow speed in the ‘‘significant regulatory action’’ under evaluated possible effects on federally marked navigation channel from the Unfunded Mandates Reform Act. recognized Indian tribes and have November 15 to March 31 and at not determined that there are no effects. Takings more than 40 kilometers per hour (km/ References Cited h) (25 miles per hour) in the channel In accordance with Executive Order A complete list of all references cited from April 1 to November 14. See map 12630, this rule does not have of ‘‘Edison Bridge Area’’ in paragraph significant takings implications. A in this rule is available upon request from the Jacksonville Field Office (see (12)(x) of this section. takings implication assessment is not (iii) From a point 152 meters (500 ADDRESSES section). required. The manatee protection areas feet) east of the Edison Bridge are located over State-or privately- Author downstream to a point 152 meters (500 owned submerged bottoms. Any The primary authors of this document feet) west of the Caloosahatchee Bridge, property owners in the vicinity will are Stefanie Barrett, James Valade, Peter approximately 1.1 kilometers (0.7 mile) have navigational access to and the Benjamin, Kalani Cairns, and David in length, shoreline-to-shoreline wherewithal to maintain their property. Hankla (see ADDRESSES section). (including the marked navigation Federalism channel), watercraft are required to Authority proceed at slow speed (channel In accordance with Executive Order The authority to establish manatee included), year-round. See map of 13132, the rule does not have significant protection areas is provided by the ‘‘Edison Bridge Area’’ in paragraph Federalism effects. A Federalism Endangered Species Act of 1973, as (12)(x) of this section. assessment is not required. This rule amended (16 U.S.C. 1531 et seq.), and (iv) From a point 152 meters (500 feet) will not have substantial direct effects the Marine Mammal Protection Act of west of the Caloosahatchee Bridge on the State, in the relationship between 1972 (16 U.S.C. 1361–1407), as downstream to a point 152 meters (500 the Federal Government and the State, amended. feet) northeast of the Cape Coral Bridge, or on the distribution of power and a distance of approximately 10.9 responsibilities among the various List of Subjects in 50 CFR Part 17 kilometers (6.8 miles), watercraft are levels of government. We coordinated Endangered and threatened species, required to proceed year-round at slow with the State of Florida to the extent Exports, Imports, Reporting and speed, while traveling within shoreline possible on the development of this recordkeeping requirements, buffers extending out from the shore to rule. Transportation. a minimum distance of approximately

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402 meters (1,320 feet), as marked. Watercraft are required to proceed at not (ix) Except as described below and as Watercraft, with the exception of more than 40 km/h (25 miles per hour) marked, from Channel Marker ‘‘99’’ to seaplanes, are required to proceed at not throughout the year between these the Sanibel Causeway, watercraft are more than 40 km/h (25 miles per hour) buffers (including the marked required to proceed at slow speed year- throughout the year between these navigation channel where not more round in San Carlos Bay within the buffers (including the marked restrictively designated). See map of following limits: A northern boundary navigation channel where not more ‘‘Redfish Point Area’’ in paragraph described by the southern edge of the restrictively designated). See map of (12)(x) of this section. marked navigation channel, a line (vii) From Channel Marker ‘‘72’’ to ‘‘Cape Coral Bridge Area’’ in paragraph approximately 2.9 kilometers (1.8 miles) Channel Marker ‘‘76’’ (in the vicinity of (12)(x) of this section. in length; a southern boundary (v) From a point 152 meters (500 feet) Redfish Point), for a distance of northeast of the Cape Coral Bridge approximately 1.8 kilometers (1.1 miles) described by the Sanibel Causeway downstream to a point 152 meters (500 in length, shoreline-to-shoreline (approximately 1.9 kilometers (1.2 feet) southwest of the Cape Coral Bridge, (including the marked navigation miles) in length); a western boundary a distance of approximately 0.4 channel), watercraft are required to described by a line that connects the kilometer (0.25 mile), shoreline-to- proceed at slow speed, year-round. See western end of the easternmost Sanibel shoreline (excluding the marked map of ‘‘Redfish Point Area’’ in Causeway island and extending navigation channel), watercraft are paragraph (12)(x) of this section. northwest to Channel Marker ‘‘7’’ required to proceed at slow speed, year- (viii) From Channel Marker ‘‘76’’ to (approximately 2.9 kilometers (1.8 round. In the marked navigation Channel Marker ‘‘93,’’ a distance of miles) in length); and the eastern channel, watercraft are required to approximately 5.2 kilometers (3.2 miles) boundary includes the western limit of proceed at not more than 40 km/h (25 in length, watercraft are required to the State-designated manatee protection miles per hour) throughout the year. See proceed year-round at slow speed, while area (68C–22.005) near Punta Rassa map of ‘‘Cape Coral Bridge Area’’ in traveling within shoreline buffers (approximately 2.9 kilometers (1.8 paragraph (12)(x) of this section. extending out from the shore to a miles) in length). However this area (vi) From a point 152 meters (500 feet) minimum distance of approximately excludes the marked navigation channel southwest of the Cape Coral Bridge to 402 meters (1,320 feet), as marked. from Channel Marker ‘‘99’’ to the Channel Marker ‘‘72,’’ a distance of Watercraft are required to proceed at not Sanibel Causeway and adjacent waters, approximately 1.9 kilometers (1.2 more than 40 km/h (25 miles per hour) as marked. See map of ‘‘San Carlos Bay’’ miles), watercraft are required to throughout the year between these in paragraph (12)(x) of this section. proceed year-round at slow speed, while buffers (including the marked traveling within shoreline buffers navigation channel where not more (x) Five maps of the Caloosahatchee extending out from the shore to a restrictively designated). See map of River—San Carlos Bay Manatee Refuge minimum distance of approximately ‘‘Redfish Point Area’’ in paragraph follow: 402 meters (1,320 feet), as marked. (12)(x) of this section. BILLING CODE 4310-55-P

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BILLING CODE 4310–55–C 40 km/h (25 miles per hour) in the Clay County along the western shore (13) The Lower St. Johns River marked channel (from Channel Marker (approximately 31.1 kilometers (19.3 Manatee Refuge. ‘‘81’’ to the Main Street Bridge, the miles)); and in Doctors Lake in Clay (i) The Lower St. Johns River Manatee channel is defined as the line of sight County, watercraft are required to Refuge is described as portions of the St. extending west from Channel Markers proceed at slow speed, year-round, Johns River and adjacent waters in ‘‘81’’ and ‘‘82’’ to the fenders of the along a 213-meter (700-foot) to 274- Duval, Clay, and St. Johns Counties Main Street Bridge). See map of ‘‘St. meter (900-foot) as-marked, shoreline from approximately Channel Marker Johns River Bridges Area’’ in paragraph buffer (approximately 20.8 kilometers ‘‘73’’, as marked, upstream to the mouth (13)(v) of this section. (12.9 miles)); and a 213-meter (700-foot) of Peter’s Branch, including Doctors to 305-meter (1,000-foot) as-marked, Lake, in Clay County on the western (iii) From the Main Street Bridge to watercraft are required to proceed at shore, and to the southern shore of the the Fuller Warren Bridge, a distance of mouth of Julington Creek in St. Johns approximately 1.6 kilometers (1.0 mile), slow speed, year-round, shoreline buffer County on the eastern shore. A map shoreline to shoreline, watercraft are to the south bank of the mouth of showing the refuge and two maps required to proceed at slow speed Julington Creek in St. Johns County showing specific areas of the refuge are (channel included), year-round. See along the eastern shore (approximately at paragraph (13)(v) of this section. map of ‘‘St. Johns River Bridges Area’’ 32.5 kilometers (20.2 miles)) to a line (ii) From Channel Marker ‘‘73’’ in paragraph (13)(v) of this section. north of a western extension of the upstream to the Main Street Bridge, a (iv) Upstream of the Fuller Warren Nature’s Hammock Road North. See distance of approximately 16.8 Bridge, a 213-meter (700-foot) to 305- map of ‘‘Lower St. Johns River’’ in kilometers (or 10.4 miles), watercraft are meter (1,000-foot) as-marked, watercraft paragraph (13)(v) of this section. required to proceed at slow speed, year- are required to proceed at slow speed, (v) Three maps of the Lower St. Johns round, outside the marked navigation year-round, shoreline buffer to the south River Manatee Refuge follow: channel and at speeds of not more than bank of the mouth of Peter’s Branch in BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (iii) From Channel Marker ‘‘9’’ to a (v) From 152 meters (500 feet) north (14) The Halifax and Tomoka Rivers point 152 meters (500 feet) north of the to 305 meters (1,000 feet) south of the Manatee Refuge. Granada Bridge (State Road 40) Granada Bridge (State Road 40), a (i) The Halifax and Tomoka Rivers (including the Tomoka Basin), a distance of approximately 0.5 Manatee Refuge is described as the distance of approximately 5.0 km (3.1 kilometers (0.3 miles) in length, Halifax River and associated miles) in length, watercraft are required watercraft are required to proceed at waterbodies in Volusia County, from the to proceed at not more than 40 km/h (25 slow speed, year-round, shoreline to Volusia County—Flagler County line to mph) in areas between the existing 91- shoreline. See map of ‘‘Halifax River A’’ New Smyrna Beach. A map showing the meter (300-foot) buffers (and including in paragraph (14) (xii) of this section. refuge and eight maps showing specific the marked navigation channel). See (vi) From a point 305 meters (1,000 areas in the refuge are at paragraph (14) maps of ‘‘Tomoka River Basin’’ and (xii) of this section. feet) south of the Granada Bridge (State ‘‘Tomoka River’’ in paragraph (14) (xii) Road 40) to a point 152 meters (500 feet) (ii) From the Volusia County—Flagler of this section. County line at Halifax Creek south to north of the Seabreeze Bridge, a distance Channel Marker ‘‘9,’’ a distance of (iv) In the Tomoka River, from the I– of approximately 6.4 km (4.0 miles) in approximately 11.3 kilometers (7.0 95 Bridge to Alligator Island, as marked, length, watercraft are required to miles) in length, watercraft are required a distance of approximately 1.6 proceed at not more than 40 km/h (25 to proceed at not more than 40 km/h kilometers (1 mile), watercraft are mph) in areas between the existing 91- (km/h)(25 miles per hour) in the required to proceed at slow speed, meter (300-foot) buffers (and including channel. See maps of ‘‘Halifax Creek’’ shoreline to shoreline, from April 1 to the marked navigation channel). See and ‘‘Tomoka River Basin’’ in paragraph August 31. See map of ‘‘Tomoka River’’ map of ‘‘Halifax River A’’ in paragraph (14) (xii) of this section. in paragraph (14) (xii) of this section. (14) (xii) of this section.

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(vii) As marked, from 152 meters (500 watercraft are required to proceed at distance of approximately 2.7 km (1.7 feet) north of the Seabreeze Bridge, to slow speed (channel included), year- miles), watercraft are required to 152 meters (500 feet) north of the Main round, shoreline to shoreline; and proceed at not more than 40 km/h (25 Street bridge, a distance of adjacent to the western shoreline of the mph) in waters not more restrictively approximately 1 kilometer (1 mile) in Halifax River north of the Dunlawton designated; in Turnbull Bay, a distance length, watercraft are required to Bridge for a distance of approximately of approximately 3.9 km (2.4 miles), proceed at slow speed (channel 640 meters (2,100 feet), and a minimum watercraft are required to proceed at not included), year-round. See map of of 91 meters (300 feet) from shore, as more than 40 km/h (25 mph) in waters ‘‘Halifax River B’’ in paragraph (14) (xii) marked, watercraft are required to not more restrictively designated. See of this section. proceed at slow speed, year-round. See maps of ‘‘Ponce Inlet Area A,’’ ‘‘Ponce (viii) From Channel Marker ‘‘40’’ to a map of ‘‘Halifax River B’’ in paragraph Inlet Area B,’’ and ‘‘Ponce Inlet Area C’’ point a minimum of 152 meters (500 (14) (xii) of this section. in paragraph (14) (xii) of this section. feet) north, as marked, of the Dunlawton (x) As marked, from a minimum of (xi) As marked, in the Intracoastal Bridge, a distance of approximately 14.5 152 meters (500 feet) south of the Waterway and adjacent waters from kilometers (9 miles) in length, watercraft Dunlawton Bridge to Redland Canal, a Redland Canal to the A1A Bridge (New are required to proceed at not more than distance of approximately 10.5 Smyrna Beach, for a distance of 40 km/h (25 mph) in areas between the kilometers (6.5 miles) in length, approximately 5.3 kilometers (3.3 miles) existing 91-meter (300-foot) buffers (and watercraft are required to proceed at not in length, watercraft are required to including the marked navigation more than 40 km/h (25 mph) in waters proceed at slow speed (channel channel). See map of ‘‘Halifax River B’’ not more restrictively designated; along included), year-round. See map of in paragraph (14) (xii) of this section. the western shore of the Halifax River, (ix) As marked, a minimum of 152 a distance of approximately 3.1 km (1.95 ‘‘Ponce Inlet Area B’’ in paragraph (14) meters (500 feet) north to 152 meters miles), watercraft are required to (xii) of this section. (500 feet) south of the Dunlawton proceed at not more than 40 km/h (25 (xii) Nine maps of the Halifax and Bridge, a distance of approximately 0.3 mph) in the waters not more Tomoka Rivers Manatee Refuge follow: kilometers (0.2 miles) in length, restrictively designated; in Rose Bay, a BILLING CODE 4310–55–P

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Dated: July 29, 2003. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 03–19913 Filed 8–5–03; 8:45 am] BILLING CODE 4310–55–C

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