Federal Register/Vol. 75, No. 7/Tuesday, January 12, 2010

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.

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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. 425). Within Florida, they require the St. Johns River, in Volusia County, impacts and propeller cuts), which can stable, long-term sources of warm water cause injury and death (Rommel et al. are the northernmost natural warm- during cold weather. Prolonged water refuges in Florida used regularly 2007, p. 111; Lightsey et al. 2006, p. exposure to cold water temperatures can by manatees. These and other natural 262); entrapment and crushing in water result in debilitation and death due to springs in the State have experienced an control structures (gates, locks, etc.); a phenomenon known as ‘‘cold stress increase in manatee use as the Florida and entanglement in fishing gear. syndrome’’ (Rommel et al. 2002, p. 16; population has grown (FWC FWRI, Natural threats include red tide and Bossart et al. 2004, p. 437). An ambient unpub. synoptic aerial survey data). exposure to cold. A comprehensive water temperature of 68 degrees threats analysis, recently conducted as Fahrenheit (20 degrees Celsius) is Minor thermal refuges are also used part of the Service’s 5–year status generally considered as the lower by manatees throughout Florida. Most of review, indicated that the single largest threshold; below this temperature they these include canals or boat basins threat to the persistence of manatees in have been observed to exhibit an where warmer water temperatures Florida is collisions with watercraft. increase in metabolic rate (Worthy et al. persist as temperatures in adjacent bays The second most significant threat to 1999, p. 4). When water temperatures and rivers decline. the species’ survival is the loss of warm- begin to decrease to this temperature, The loss of Florida’s warm-water water habitat. The other threats (water manatees will aggregate within the habitats is one of the leading threats control structures, entanglement, and confines of warm-water refuges or move facing the manatee population (Runge red tide) are of substantially less impact to the southern tip of Florida. During 2007a, p. 2). Reductions in spring flows, to the overall status of the species periods of intense cold, they will remain which affect manatee access and use of (USFWS 2007, p. 24; Runge et al. 2007a, at warm-water refuges; during warm springs, are being addressed through the p. 10). interludes, they will move from the adoption of minimum flow regulations The Florida manatee has not warm-water areas to feed, and return (Florida Springs Task Force 2001, p. 15). experienced any curtailment in the once again when water temperatures are A minimum spring discharge rate that extent of its range throughout the too cold (Hartman 1979, p. 26; Deutsch considered the estimated flow rates southeastern U.S. To the contrary, et al. 2000, p. 22; Stith et al. 2006, p. necessary to support overwintering Florida manatees have expanded their 24). Recent studies focusing on manatee manatees has been identified for Volusia summer range to other states along the use of natural warm-water sites include County’s Blue Spring and is expected to Atlantic and Gulf coasts. It is now not those by Koelsch et al. 2000, p. 27; be adopted, pending the St. Johns River uncommon to find manatees in coastal Taylor et al. 2005. p. 3; Taylor 2006, p. Water Management District’s acceptance waters of Georgia, North and South 5; USGS 2006, p. 3; Gannon et al. 2006, of a monitoring plan currently under Carolina, Alabama, and Louisiana. p. 133; Stith et al. 2006, p. iv; Reynolds development. Similarly, other springs and Barton 2005, 2008, p. 9; and Taylor used by manatees have been scheduled Habitat Information and Provancha 2008, p. 2). for, or are in the process of developing, Florida manatees are found in Historically, manatees relied on the minimum flow regulations. Those freshwater, brackish, and marine warm, temperate waters of south Florida requirements would assure adequate environments. Typical habitats include and on natural warm-water springs flows are secured to support manatees. coastal tidal rivers and streams, scattered throughout the State as buffers All Primary sites, except the Weeki mangrove swamps, salt marshes, and to the lethal effects of cold winter Wachee/Mud Creek/Jenkins Creek freshwater springs (FWC 2005). As temperatures. In part, as a result of complex, have been protected. Ten of

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the 47 total known warm-water sites as manatees tend to return to the same of wintering manatees in the Atlantic still require protection. warm-water sites each winter. The four Coast Region have been increasing at In addition to protecting natural regional management units are: an rates of between 4 and 6 percent per warm-water sites, efforts are under way Atlantic Coast unit that occupies the year since 1994. to restore and improve them to enhance east coast of Florida, including the In southwest Florida, estimates of manatee use. As an example, the spring Florida Keys and the lower St. Johns adult manatee survival and run at Homossassa Springs was dredged River north of Palatka; an Upper St. reproduction are less precise than in the in 2006 to improve manatee access; Johns River unit that occurs in the river other regions of Florida because the since dredging, studies indicate that the south of Palatka; a Northwest unit that time series of data is comparatively run has been attracting more animals occupies the Florida Panhandle south to shorter for this region and there are no (Taylor 2009, pers. comm.). Hernando County; and a Southwest unit demographic data available for We and our partners are defining a that occurs from Pasco County south to manatees in the southernmost part of network of migratory corridors based on Whitewater Bay in Monroe County. this region. The estimates could also be manatee travel patterns and identifying Typical manatee habitat within these biased low due to effects from other use areas to ensure protection of geographic boundaries is described in temporary emigration (Langtimm et al. feeding, calving, and nursing areas Table 1. Exchange of individuals 2004, p. 450; Langtimm 2009 pers. throughout the State (FWC FWRI, between the management units is comm). Updated estimates of adult unpub. data 2006; USGS FISC Sirenia thought to be limited during winter survival and growth rates for manatees Project, unpub. data 2006; Gannon et al. months, based on data from telemetry in this region are anticipated in early 2007, p. 134). Many of these sites are (Reid et al. 1991, p. 185; Weigle et al. 2010. already known and are variously 2001, p. 18; Deutsch et al. 1998, p. 18, The most current and best available protected under the Florida Manatee and 2003, p. 2) and photo-identification count of the Florida manatee population Sanctuary Act, the Endangered Species (C. A. Beck, USGS FISC Sirenia Project, is 3,807 animals, based on a single Act, and the Marine Mammal Protection unpub. data, 2009; K. Higgs, FWC FWRI, synoptic survey of warm-water refuges Act. We are currently completing an unpub. data, 2009). Movement between and adjacent areas in January 2009 assessment of manatee habitat use at a management units does occur during (FWC FWRI 2009 Manatee Synoptic number of natural warm-water sites warm seasons, particularly along the Aerial Survey Data). throughout Florida. Recently, we same coast, and there are some initiated a study to predict manatee documented cases of wide-ranging Critical Habitat carrying capacity at natural warm-water coastal movements and isolated events Current Critical Habitat Designation sites, and we are also evaluating effects of intercoastal migration (Reid et al. Critical habitat was designated for the to manatees in South Florida associated 1991, p. 185; Deutsch et al. 1998, p. 18, Florida manatee (listed in that with Comprehensive Everglades and 2003, p. 2; Beck 2009, pers. comm.). Restoration Plan activities. Although natural vegetation has regulation as Trichechus manatus) in Industrial thermal discharges are not diminished in some locations due to 1976 (50 CFR 17.95(a)) as follows: ‘‘ a reliable source of warm water for the human activities, and exotic vegetation Florida. Crystal River and its manatee population in the long term. has increased in other areas, the headwaters known as King’s Bay, Citrus Power plants can be eliminated due to availability of aquatic vegetation as County; the Little Manatee River plant obsolescence, environmental forage is not known to be a limiting downstream from the U.S. Highway 301 permitting requirements, economic factor for manatees at this time (Orth et bridge, Hillsborough County; the pressures, and other factors, and can al. 2006, p. 994; G.A.J. Worthy, Manatee River downstream from the experience disruptions and temporary University of Central Florida, unpub. Lake Manatee Dam, Manatee County; shutdowns. It is difficult to predict how data 2006). the Myakka River downstream from manatees will respond to changes at Myakka River State Park, Sarasota and artificial warm-water sites. In some Population Status Charlotte Counties; the Peace River instances manatees have been observed The most current information on downstream from the Florida State to use less preferred nearby sites, yet, in Florida manatee population Highway 760 bridge, De Soto and other cases when thermal discharges demographics (growth, survival, and Charlotte Counties; Charlotte Harbor have been eliminated, manatees have reproductive rates) includes published north of the Charlotte-Lee County line, died due to behavioral persistence or studies by Runge et al. (2004, 2007b), Charlotte County; Caloosahatchee River site fidelity (USFWS 2000, p. 74). Craig and Reynolds (2004), Kendall et downstream from the Florida State Since release of the Service’s 5–year al. (2004), and Langtimm et al. (2004), Highway 31 bridge, Lee County; all U.S. status review in 2007, we have new and unpublished reports by the Manatee territorial waters adjoining the coast and information that two of the oldest power Population Status Working Group islands of Lee County; all U.S. territorial plants in Florida that attract the largest (2005) and Runge et al. (2007a). All of waters adjoining the coast and islands numbers of wintering manatees will be these studies indicate that the manatee and all connected bays, estuaries, and undergoing repowering over the next population is doing well throughout rivers from Gordon’s Pass, near Naples, several years, and will continue to most of Florida. Population growth Collier County, southward to and discharge warm water (USFWS 2007, p. rates, determined using the Manatee including Whitewater Bay, Monroe 16). Repowering these facilities will Core Biological Model (Runge et al. County; all waters of Card, Barnes, reduce the probability of a catastrophic 2004, p. 361, and 2007b), are as follows: Blackwater, Little Blackwater, Manatee, winter mortality event for the manatee and Buttonwood Sounds between Key population over the next several Northwest Region 4.0 percent Largo, Monroe County, and the Upper St. Johns River mainland of Dade County; Biscayne decades. Region 6.2 percent We currently assess the status of the Atlantic Coast Region 3.7 percent Bay, and all adjoining and connected Florida manatee population according Southwest Region -1.1 percent lakes, rivers, canals, and waterways to regional management units within the from the southern tip of Key Biscayne State that reflect the winter-season site Craig and Reynolds (2004, p. 386) northward to and including Maule Lake, fidelity of individuals in the population, additionally suggested that populations Dade County; all of Lake Worth, from its

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northernmost point immediately south threatened species to the point at which Standards Under the Act (published in of the intersection of U.S. Highway 1 the measures provided under the Act the Federal Register on July 1, 1994 (59 and Florida State Highway A1A are no longer necessary. Such methods FR 34271)), the Information Quality Act southward to its southernmost point and procedures include, but are not (section 515 of the Treasury and General immediately north of the town of limited to, all activities associated with Government Appropriations Act for Boynton Beach, Palm Beach County; the scientific resources management such as Fiscal Year 2001 (Pub. L. 106-554; H.R. Loxahatchee River and its headwaters, research, census, law enforcement, 5658)), and our associated Information Martin and West Palm Beach Counties; habitat acquisition and maintenance, Quality Guidelines, provide criteria, that section of the intracoastal waterway propagation, or transplantation. establish procedures, and provide from the town of Seawalls Point, Martin Critical habitat receives protection guidance to ensure that our decisions County to Jupiter Inlet, Palm Beach under section 7 of the Act through the are based on the best scientific data County; the entire inland section of prohibition against Federal agencies available. They require our biologists, to water known as the Indian River, from carrying out, funding, or authorizing the the extent consistent with the Act and its northernmost point immediately destruction or adverse modification of with the use of the best scientific data south of the intersection of U.S. critical habitat. Section 7(a)(2) of the Act available, to use primary and original Highway 1 and Florida State Highway 3, requires consultation on Federal actions sources of information as the basis for Volusia County, southward to its that may affect critical habitat. The recommendations to designate critical southernmost point near the town of designation of critical habitat does not habitat. affect land ownership or establish a Sewalls Point, Martin County, and the Finding entire inland section of water known as refuge, wilderness, reserve, preserve, or the Banana River and all waterways other conservation area. Such The current critical habitat between Indian and Banana Rivers, designation does not allow the designation for the Florida manatee was Brevard County; the St. Johns River government or public to access private described before critical habitat including Lake George, and including lands. Such designation does not regulations and guidance were Blue Springs and Silver Glen Springs require implementation of restoration, developed; it does not identify specific from their points of origin to their recovery, or enhancement measures by physical and biological features confluences with the St. Johns River; private landowners. Where a landowner essential to the conservation of the that section of the Intracoastal requests Federal agency funding or manatee for this species’ habitat. Waterway from its confluences with the authorization for an action that may Instead, it describes specific waterways St. Marys River on the Georgia-Florida affect a listed species or critical habitat, that were known to be important border to the Florida State Highway the consultation requirements of section concentration areas for manatees at that A1A bridge south of Coastal City, 7(a)(2) would apply, but even in the time. We recognize that the geographic Nassau and Duval Counties.’’ event of a destruction or adverse areas originally described as manatee No map was published with the 1976 modification finding, the landowner’s critical habitat need to be updated, designation. The earliest known record obligation is not to restore or recover the based on recent scientific studies of of a map created from the physical species, but to implement reasonable manatee distribution, habitat use, and description of designated critical habitat and prudent alternatives to avoid habitat needs as discussed above. Since for the Florida manatee was published destruction or adverse modification of the original designation, we have more by the Service’s Office of Biological critical habitat. information on the specific habitat Services in 1980 (USFWS 1980). A more For inclusion in a critical habitat needs of the Florida manatee, including recent GIS depiction of the general designation, specific areas within the the use of warm-water sites (Koelsch et locations of the designated critical geographical area occupied by the al. 2000, p. 27; Taylor et al. 2005. p. 3; habitat for the Florida manatee is shown species at the time it is listed must Taylor 2006, p. 5; USGS 2006, p. 3; in Figure 1. contain the physical and biological Gannon et al. 2006, p. 133; Stith et al. features essential to the conservation of 2006, p. iv; Reynolds and Barton 2005, Relevant Statutes and Regulations the species, and be included only if 2008, p. 9; and Taylor and Provancha Critical habitat is defined in section those features may require special 2008, p. 2) as well as power plant 3(5)(A) of the Act as: management considerations or discharges (Keith et al. 2008, p. 16; (i) The specific areas within the protection. Critical habitat designations Reynolds 2007, 2009, p. 10; and geographical area occupied by the identify, to the extent known using the Fonnesbeck et al. 2009, p. 563, among species, at the time it is listed in best scientific data available, habitat others), that will allow us to identify the accordance with the Act, on which are areas containing the essential physical physical or biological features essential found those physical or biological and biological features that provide for to manatee conservation. Therefore, features requisite life cycle needs of the species. based on this current and best available (I) essential to the conservation of the Under the Act and regulations at 50 CFR scientific and commercial information, species and 424.12, we can designate critical habitat we find that revising critical habitat for (II) which may require special in areas outside the geographical area the Florida manatee under the Act is management considerations or occupied by the species at the time it is warranted. protection; and listed only when we determine that We intend to identify the physical (ii) specific areas outside the those areas are essential for the and biological features essential to geographical area occupied by the conservation of the species and that conservation of the species, in order to species at the time it is listed, upon a designation limited to those areas address the ecological and conservation determination that such areas are occupied at the time of listing would be needs of the Florida manatee. Given the essential for the conservation of the inadequate to ensure the conservation of significance of warm water to the species. the species. survival of the manatee in Florida, the Conservation, as defined under Section 4 of the Act requires that we most essential feature will be the section 3 of the Act, means the use of designate critical habitat on the basis of availability and adequacy of warm- all methods and procedures that are the best scientific data available. water refugia. Additional features to be necessary to bring any endangered or Further, our Policy on Information considered in the analysis may include

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adequate forage within dispersal In FY 2002 and each year until FY protection; (4) delineate any areas distance of a warm-water refuge, areas 2006, we had to use virtually all of the outside of the geographical area needed for calving and nursing, and funds available under the subcap to occupied by the species that are important travel corridors for address court-mandated designations of essential for the conservation of the movements throughout Florida and critical habitat; consequently, none of species; and (5) conduct appropriate beyond. The revision may include both the critical habitat subcap funds have analyses under section 4(b)(2) of the additions and deletions to the current been available for other designations. In Act; and (6) invite the public to review designation, and specific areas within FY 2007, we were able to use some of and provide comments on the proposed and outside of the geographical area the critical habitat subcap funds to fund revision through a public comment currently occupied by manatees. We proposed listing determinations for period. find that incorporating these concepts high-priority candidate species. In FY We intend that any revisions to into a revised critical habitat 2008, we were unable to use any of the critical habitat for the Florida manatee designation for the Florida manatee is critical habitat subcap funds to fund be as accurate as possible. Therefore, important for identifying the specific proposed listing determinations; even until we initiate the proposed areas essential to the conservation of the however, we did use some of this designation we will continue to accept species or which contain the essential money to fund the critical habitat additional information and comments features. We request any additional portion of some proposed listing from all concerned governmental information or input on these potential determinations. In those cases, the agencies, the scientific community, essential features. proposed listing determination and industry, or any other interested party proposed critical habitat designation concerning this finding. How the Service Intends To Proceed were combined into one rule, thereby Current Designation and Protections Section 4(b)(3)(D)(ii) of the Act increasing efficiency in our work. In FY requires that if we find that a revision 2009, we have been able to continue this Until we are able to revise the critical to critical habitat is warranted, then we practice. However, our current habitat designation for the Florida are to indicate how we intend to projection for FY 2010 is that all of the manatee, the currently designated proceed with such revision and funding anticipated for the critical critical habitat, as well as areas that promptly publish a notice of our habitat portion of the listing allocation support manatee populations, but are intention in the Federal Register. We will be used to address court-ordered outside the current critical habitat have reviewed the best available critical habitat designations. Therefore, designation, will continue to be subject scientific data available, and we find we do not anticipate having any funding to conservation actions implemented that revisions to critical habitat for in FY 2010 available to work on under section 7(a)(1) of the Act. Federal Florida manatee under the Act should additional critical habitat designations. agency actions are subject to the be made. However, sufficient funds are Nonetheless, given the requirements regulatory protections afforded by not available due to higher priority of the relevant law and regulations, and section 7(a)(2), which requires Federal actions such as listing-related actions constraints relating to workload and agencies, including the Service, to pursuant to court orders and judicially- personnel, we have endeavored to make ensure that actions they fund, authorize, approved settlement agreements. We our critical habitat designation and or carry out are not likely to jeopardize intend to undertake rulemaking to revision actions as efficient and timely the continued existence of any listed revise critical habitat for the Florida as possible. We are continually species or result in the destruction or manatee when funding and staff considering ways to streamline adverse modification of critical habitat. resources become available. processes or achieve economies of scale, We expect that the majority of The resources available for listing such as by batching related actions regulatory projects will involve a actions, including critical habitat together as described above. Federal nexus, in which case designations and revisions, are We intend to proceed with a revision consultation under section 7(a)(2) determined through the annual of critical habitat as soon as we have the would apply. In addition, federally Congressional appropriations process. necessary resources. Our critical habitat funded or permitted projects affecting We cannot spend more than is regulations (50 CFR 424.12(c)) state that listed species outside their designated appropriated for the Listing Program critical habitat will be defined by critical habitat areas may still result in without violating the Anti-Deficiency specific limits using reference points jeopardy findings in some cases. Act (31 U.S.C. 1341(a)(1)(A)). and lines on standard topographic maps Under section 7(a)(2) of the Act, if a Recognizing that designation of critical of the area. Section 4(b)(2) of the Act Federal action may affect a listed habitat for species already listed would requires that we consider economic, species or its critical habitat, the consume most of the overall Listing national security, and other impacts of responsible Federal agency (action Program appropriation, Congress also designating critical habitat. Based on agency) must enter into consultation put in place a critical habitat subcap these authorities, and on the definition with us. For most species, as a result of within the overall Listing Program of critical habitat under the Act, once this consultation, we document budget in FY 2002 and has retained it funding is available, we will take the compliance with the requirements of each subsequent year. Thus, through the following steps to propose the revision section 7(a)(2) through our issuance of: critical habitat subcap, and the amount of designated critical habitat for the (1) A concurrence letter for Federal of funds needed to address court- Florida manatee: (1) Determine the actions that may affect, but are not mandated critical habitat designations, geographical area occupied by the likely to adversely affect, listed species Congress and the courts have in effect species at the time of listing; (2) identify or critical habitat; or determined the amount of money the physical or biological features (2) A biological opinion for Federal available for critical habitat revisions. essential to the conservation of the actions that may affect, and are likely to Therefore, the funds in the critical species; (3) delineate specific areas adversely affect, listed species or critical habitat subcap set the limits on our within the geographical area occupied habitat. ability to designate critical habitat or by the species that contain these Because manatees are marine revise existing designations in a given features, and that may require special mammals, they are protected under the year. management considerations or Marine Mammal Protection Act of 1972

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(MMPA). Section 17 of the Act provides (1) Modify the project to the extent request, from the Jacksonville Ecological that any more restrictive conflicting that take is no longer reasonably certain Services Field Office (see ADDRESSES provisions of the MMPA take to occur and/or: section). precedence over the Act (16 U.S.C. (2) Incorporate Service-approved take 1543). Section 7(b)(C) of the Act minimization and avoidance measures, Author identifies the necessary authorization as outlined in our 2009 Manatee The primary author of this notice is pursuant to section 101(a)(5) of the Programmatic Biological Opinion staff with the U.S. Fish and Wildlife MMPA for taking of an endangered or (USFWS 2009). Service, Jacksonville Ecological Services threatened marine mammal. Because the Therefore, although we are not Service has not promulgated a immediately proceeding with a revision Field Office (see ADDRESSES section). rulemaking under MMPA section of the current critical habitat Authority 101(a)(5), we do not issue incidental designation for the manatee, the current take authorization in conjunction with designation still provides protections to The authority for this action is the consultations on Federal actions under the manatee in addition to the Endangered Species Act of 1973, as section 7(a)(2) of the Act. In order to protections afforded the manatee amended (16 U.S.C. 1531 et seq.). ensure compliance with section 7(a)(2) through listing under the Act and those of the Act and the more restrictive provided under the MMPA. Dated: December 30, 2009. provisions of the MMPA, any Federal Eileen Sobeck, References Cited action that is determined as ‘‘likely to Acting Assistant Secretary of Fish Wildlife adversely affect the Florida manatee’’ A complete list of all references cited and Parks. (USFWS 2008) will need to: in this document is available, upon

TABLE 1. REGIONAL DESCRIPTION OF MANATEE HABITAT AND REGION-SPECIFIC THREATS FOR MANATEES IN FLORIDA

Northwest Southwest Atlantic Coast Upper St. Johns River Features Management Unit Management Unit Management Unit Management Unit

Geographic Boundaries Located along Florida’s Located along Florida’s Includes Florida’s coastal This unit is located up- northwest coast, the southwest coast, the areas from south of the stream of Palatka, Flor- southern boundary of northern boundary is mouth of Whitewater ida, extending to the the unit is defined by described by the Pasco- Bay, through Florida headwaters of the St. the Hernando- Pasco Hernando County line, Bay and north to the Johns River. County line. While the extending south to the mid-Atlantic region. The majority of use occurs mouth of Whitewater unit extends into the St. east of the Wakulla Bay, along the western Johns River as far River, manatees from margin of the Ever- south as Palatka. this unit range as far glades. west as Texas.

Habitat Description This unit incorporates This unit primarily includes This unit primarily includes This freshwater system in- coastal seagrass beds in-shore and near-shore in-shore seagrass beds, cludes extensive eel which extend from the seagrass beds, which which border mangrove grass beds bordered shoreline out to the Gulf border mangrove sys- systems to the south. largely by cypress and of Mexico. Significant tems to the south. Predominant features hardwood swamps. features include the Tampa Bay, Charlotte include Florida Bay, the There are numerous riv- spring-fed Wakulla, Su- Harbor, and the Florida Keys, Biscayne ers and lakes that make wannee, Crystal, and Caloosahatchee River Bay, and barrier islands up this system. Notable Homosassa River sys- are dominant coastal and inland waterways features include the tems, which empty into features. There are nu- that extend into the mid- Ocklawaha River the Gulf. merous barrier islands Atlantic region. Signifi- (dammed), Lake south of Tampa Bay, cant waterways include George, Lake Woodruff, accompanied by the Indian River La- and Lake Monroe. passes, inland water- goon, Banana River, There are many small, ways, etc. Tidal rivers and Mosquito Lagoon. spring-fed tributaries and creeks are common From north Florida and that discharge into this in this area. into more northerly system. states, habitats are typi- fied by large coastal rivers, such as the St. Johns River and coastal marshes.

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TABLE 1. REGIONAL DESCRIPTION OF MANATEE HABITAT AND REGION-SPECIFIC THREATS FOR MANATEES IN FLORIDA— Continued

Northwest Southwest Atlantic Coast Upper St. Johns River Features Management Unit Management Unit Management Unit Management Unit

Winter Sites Crystal River Springs TECO Big Bend Power Reliant Energy Power Blue Spring Complex (Citrus) Plant (Hillsborough) Plant (Brevard) (Volusia)Silver Glen Homosassa River Springs Warm Mineral Springs FPL Canaveral Power Springs (Marion) Complex (Citrus). (Sarasota). Plant (Brevard County, DeLeon Springs (Volusia) Weeki Wachee/ Mud Matlacha Isles (Lee) FL). Salt Springs (Marion) Creek/ Jenkins Creek FPL Ft. Myers Power FPL Riviera Beach Power Ocklawaha River Springs (Hernando). Plant (Lee). Plant (Palm Beach). SpringsComplex (Mar- Progress Energy Crystal Port of the Islands (Col- FPL Port Everglades ion/Lake) River Power Plant (Cit- lier). Power Plant (Broward). rus). Progress Energy Anclote FPL Fort Lauderdale Manatee/Fanning Springs Plant (Pasco). Power Plant (Broward). (Dixie). TECO Gannon Plant Coral Gables Waterway Wakulla/St. Mark’s Com- (Hillsborough). (Dade). plex (Wakulla). Progress Energy Bartow Sebastian River (C-54 Power Plant (Pinellas). canal) (Brevard). Ten Mile Canal Borrow Pit Vero Beach Power Plant (Lee). (Indian River). Franklin Locks (Lee) Henry D. King Electric Spring Bayou/Tarpon Station – Ft. Pierce Util- Springs (Pasco). ities (St. Lucie). Forked Creek (Sarasota) Big Mud Creek ( St. Tamiami Canal at Lucie). Wootens (Collier). Berkeley Canal (Brevard) Big Cypress National Pre- Black Point Park/Black serve Headquarters Creek (Dade County). Canal (Collier). Palmer Lake (Dade)Little Sulphur Springs River (Dade). (Hillsborough). Turkey Point Canal (Dade). C-111 canal and canal just west of Card Sound Bridge (Dade). Biscayne Canal (Dade) Banana River Marine Service Marina (Brevard). Canals/Coves, Upper Keys (Bayside of Key Largo) (Monroe). Harbor Branch canal (St. Lucie).

BILLING CODE 4310–55–S

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[FR Doc. 2010–325 Filed 1–11– 10; 8:45 am] BILLING CODE 4310–55–C

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