1574 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Proposed Rules proposing critical habitat for intend to initiate rulemaking when we thus including both Antillean (T. m. Limnanthes floccosa ssp. grandiflora complete the higher priorities and have manatus) and Florida manatees in the and Lomatium cookii in a takings the necessary resources to do so. listing. The West Indian manatee is implications assessment. Our taking DATES: The finding announced in this currently listed as an endangered implications assessment concludes that document was made on January 12, species under the Act and the critical habitat for L.f. grandiflora and 2010. population is further protected as a Lomatium cookii would not pose depleted stock under the Marine ADDRESSES: This finding is available on significant takings implications. Mammal Protection Act (16 U.S.C. 1361- the Internet at http:// 1407). References Cited www.regulations.gov at Docket Number FWS-R4-ES-2009-0066. Supporting Critical habitat was designated for the A complete list of all references we Florida manatee on September 24, 1976 cited in the proposed rule and in this documentation we used to prepare this finding is available for public (41 FR 41914). This designation document is available on the Internet at delineated specific waterways in Florida http://www.regulations.gov or by inspection, by appointment during normal business hours at the U.S. Fish that were known to be important contacting the Oregon Fish and Wildlife concentration areas for manatees at that FOR FURTHER INFORMATION and Wildlife Service, Jacksonville Office (see time. CONTACT section). Ecological Services Field Office, 7915 Baymeadows Way, Suite 200, On December 19, 2008, we received a Authors Jacksonville, FL 32256-7517. Please petition from Wildlife Advocacy Project, The primary authors of this submit any new information, materials, Save the Manatee Club, Center for rulemaking are the staff members of the comments, or questions concerning this Biological Diversity, and Defenders of Oregon Fish and Wildlife Office. finding to the above address. Wildlife, requesting that critical habitat FOR FURTHER INFORMATION CONTACT: U.S. be revised for the Florida manatee Authority Fish and Wildlife Service, Attn: (Trichechus manatus latirostris) under The authority for this action is the Manatee CH Review, at the above the Act and the Administrative Endangered Species Act of 1973, as address, by telephone at 904-731-3336, Procedure Act. The petition clearly amended (16 U.S.C. 1531 et seq.). by facsimile at 904-731-3045, or by e- identified itself as a petition and Dated: December 30, 2009. mail: [email protected]. Persons included the requisite identification Eileen Sobeck, who use a telecommunications device information for the petitioners, as required in 50 CFR 424.14(a). Acting Assistant Secretary of Fish Wildlife for the deaf (TDD) may call the Federal and Parks. Information Relay Service (FIRS) at 800- In a January 17, 2009, letter to the [FR Doc. 2010–323 Filed 1–11– 10; 8:45 am] 877-8339. Please include ‘‘Florida petitioners, we responded that we had ’’ BILLING CODE 4310–55–S manatee scientific information in the received the petition and would make a subject line for faxes and emails. finding, to the maximum extent SUPPLEMENTARY INFORMATION: Section practicable within 90 days, as to DEPARTMENT OF THE INTERIOR 4(b)(3)(D)(ii) of the Endangered Species whether or not the petition presents Act of 1973, as amended (Act) (16 substantial information. We also stated Fish and Wildlife Service U.S.C. 1531 et seq.), requires that, for that, if the initial finding concludes that any petition that is found to present the petition presents substantial 50 CFR Part 17 substantial scientific and commercial information indicating that the [Docket No. FWS-R4-ES-2009-0066] information indicating that the requested action may be warranted, then [MO 92210-0-0009-B4] requested revisions to critical habitat we have 1 year from the date we may be warranted, we make a finding received the petition to determine how Endangered and Threatened Wildlife within 12 months of the date of receipt we intend to proceed with the requested and Plants; 12–month Finding on a of the petition and publish a notice in revision, and that we would promptly Petition To Revise Critical Habitat for the Federal Register indicating how we publish a notice of our intentions in the the Florida Manatee (Trichechus intend to proceed with the requested Federal Register at the end of this manatus latirostris) revision. period. We published our 90–day finding AGENCY: Fish and Wildlife Service, Background regarding the petition to revise critical Interior. Previous Federal Actions habitat for the Florida manatee on ACTION: Notice of 12–month petition September 29, 2009 (74 FR 49842). We finding. We originally listed the Florida manatee (Trichechus manatus determined that the petition presented SUMMARY: We, the U.S. Fish and latirostris), a subspecies of the West substantial information indicating that Wildlife Service (Service), announce our Indian manatee (Trichechus manatus), revising critical habitat for the Florida 12–month finding on a petition to revise as endangered in 1967 (32 FR 4001) manatee under the Act may be critical habitat for the Florida manatee under the Endangered Species warranted, thus initiating this 12–month (Trichechus manatus latirostris) under Preservation Act of 1966 (Pub. L. 89- finding. Accordingly, we asked the the Endangered Species Act of 1973, as 669; 80 Stat. 926). In 1970, Appendix A public to submit information relevant to amended. After a thorough review of all to 50 CFR Part 17 was amended to the finding by October 29, 2009. We available scientific and commercial include additional names to the list of have fully considered all information information, we find that revisions to foreign endangered species (35 FR available and received in response to critical habitat for the Florida manatee 18319). This listing incorporated West information requested in our 90–day are warranted. However, sufficient Indian manatees into the list under the finding. funds are not available due to higher Endangered Species Conservation Act of This 12–month finding discusses only priority actions such as court-ordered 1969 (Pub. L. 91-135; 83 Stat. 275) and those topics directly relevant to the listing-related actions and judicially encompassed the species’ range in the revision of existing critical habitat for approved settlement agreements. We Caribbean and northern South America, the Florida manatee. VerDate Nov<24>2008 15:05 Jan 11, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\12JAP1.SGM 12JAP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Proposed Rules 1575 Species Information herbivores, manatees feed on the wide human disturbance at natural sites The Florida manatee, Trichechus range of aquatic vegetation that these (Laist and Reynolds 2005, p. 740), they manatus latirostris, is a subspecies of habitats provide. Shallow seagrass beds, have expanded their winter range to the West Indian manatee (T. manatus, with ready access to deep channels, are include industrial sites and associated Linnaeus 1758) and is native to Florida. generally preferred feeding areas in warm-water discharges as refuges from Manatees are long-lived marine coastal and riverine habitats (Smith the cold. Although manatees overwinter mammals, dark grey in color, and 1993, p. 5). In coastal Georgia and at major springs throughout peninsular northeastern Florida, manatees feed in average about 10 feet (3 m) in length and Florida, nearly two-thirds of the salt marshes on smooth cordgrass between 800 to 1,200 pounds (363 to population winters at industrial warm- (Spartina alterniflora) by timing feeding 544 kg) in weight. Manatees have a water sites, which are now made up periods with high tide (Baugh et al. round, flattened, paddle-shaped tail and almost entirely of power plants (FWC 1989, p. 89; Zoodsma 1991, p. 124). two front flippers that are used for FWRI, unpub. synoptic aerial survey Manatees use springs and freshwater steering while swimming. data). The thermal discharge from runoff sites for drinking water; secluded Female manatees are capable of power plants serves as an attractant to canals, creeks, embayments, and reproduction at as early as 4 years of manatees because the temperature of the lagoons for resting, cavorting, mating, age; however, most breed between the discharge is much warmer than the calving, and nurturing their young; and ages of 7 and 9. Gestation lasts from 12 surrounding water temperature. Power open waterways and channels as travel to 14 months. Normally an adult female plants in Brevard, Palm Beach, and corridors (Marine Mammal Commission would have only one calf every 2 to 5 Hillsborough counties maintain the 1984, p. 8, and 1988, p. 88; Gannon, et largest winter aggregations of manatees years, but there are rare occurrences of al. 2007, p. 140; Laist and Boland 2008, twins. The mother and calf remain throughout the winter. There are p. 1). numerous research and monitoring together for up to 2 years. Male Although manatees occupy different manatees aggregate in mating herds studies that have documented historical habitats during various times of the year and recent use by manatees at power around a female when she is ready to (Deutsch et al. (2003, p. 1), they are a conceive, but contribute no parental plants ( Keith et al. 2008, p. 16; subtropical species with little tolerance Reynolds 2007, 2009, p. 10; and care to the calf. for cold. Their year-round presence in The major threats to the Florida Fonnesbeck et al. 2009, p. 563). Florida represents the northern limit of The Crystal River springs complex in manatee population are human related, their winter range (Lefebvre et al. 2001, and include watercraft strikes (direct Citrus County and Blue Springs along p.