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Deparment of the Interior Fish and Wildlife Service Friday, April 4, 2003 Part II Deparment 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; Proposed Rule VerDate Dec<13>2002 15:45 Apr 03, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04APP2.SGM 04APP2 16602 Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / Proposed Rules DEPARTMENT OF THE INTERIOR Supervisor, Jacksonville Field Office, relatively distinct regional populations U.S. Fish and Wildlife Service, Attn: of manatees in Florida—(a) the Fish and Wildlife Service Proposed Manatee Refuges, 6620 Northwest Region, along the Gulf of Southpoint Drive, South, Suite 310, Mexico from Escambia County east and 50 CFR Part 17 Jacksonville, Florida 32216. south to Hernando County; (b) the RIN 1018–AJ06 2. You may hand-deliver written Upper St. Johns River Region, consisting comments to our Jacksonville Field of Putnam County from Palatka south to Endangered and Threatened Wildlife Office, at the above address, or fax your Lake and Seminole counties; (c) the and Plants; Establishment of Three comments to 904/232–2404. Atlantic Region, consisting of counties Additional Manatee Protection Areas in 3. You may send comments by along the Atlantic coast from Nassau Florida electronic mail (e-mail) to County south to Miami-Dade County [email protected]. For directions on and that portion of Monroe County AGENCY: Fish and Wildlife Service, how to submit electronic comment files, adjacent to the Florida Bay and the Interior. see the ‘‘Public Comments Solicited’’ Florida Keys; and counties along the ACTION: Proposed rule; availability of section. lower portion of the St. Johns River supplemental information. We request that you identify whether north of Palatka, including Putnam, St you are commenting on the proposed Johns, Clay and Duval counties; and (d) SUMMARY: We, the Fish and Wildlife rule or draft environmental assessment. the Southwest Region, consisting of Service (Service), propose to establish Comments and materials received, as counties along the Gulf of Mexico from three additional manatee protection well as supporting documentation used Pasco County south to Whitewater Bay areas in Florida. We are proposing this in the preparation of this proposed rule, in Monroe County. action under the Endangered Species will be available for public inspection, Despite significant efforts dating back Act of 1973, as amended (ESA), and the by appointment, during normal business to the late 1970s and early 1980s, Marine Mammal Protection Act of 1972, hours from 8 a.m. to 4:30 p.m., at the scientists have been unable to develop as amended (MMPA), to further above address. You may obtain copies of a useful means of estimating or recovery of the Florida manatee the draft environmental assessment monitoring trends in the size of the (Trichechus manatus latirostris) by from the above address or by calling overall manatee population in the reducing the number of takings. We are 904/232–2580, or from our Web site at southeastern United States (O’Shea, proposing to designate areas in Lee, http://northflorida.fws.gov. 1988; O’Shea et al., 1992; Lefebvre et al., Duval, Clay, St. Johns, and Volusia FOR FURTHER INFORMATION CONTACT: 1995). Even though many manatees Counties as manatee refuges in which David Hankla, Peter Benjamin, or Jim aggregate at warm-water refuges in certain waterborne activities would be Valade (see ADDRESSES section), winter and most, if not all, such refuges regulated. Specifically, watercraft would telephone 904/232–2580; or visit our are known, direct counting methods be required to operate at idle, slow Web site at http://northflorida.fws.gov. (i.e., by aerial and ground surveys) are speed, 40 kilometers per hour (25 mph), SUPPLEMENTARY INFORMATION: unable to account for uncertainty in the or 48 kilometers per hour (30 mph) in number of animals that may be away areas described in the proposed rule. Background from these refuges at any given time, the We also announce the availability of a The West Indian manatee is federally number of animals not seen because of draft environmental assessment for this listed as an endangered species under turbid water, and other factors. The use action. the ESA (16 U.S.C. 1531 et seq.) (32 FR of mark-resighting techniques to DATES: We will consider comments on 4001) and the species is further estimate manatee population size based both the proposed rule and the draft protected as a depleted stock under the on known animals in the manatee environmental assessment that are MMPA (16 U.S.C. 1361–1407). Florida photo-identification database has also received by June 3, 2003. We will hold manatees, a subspecies of the West been impractical, as the proportion of public hearings on Tuesday, May 13, in Indian manatee (Domning and Hayek, unmarked manatees cannot be Ft. Myers, FL; Wednesday, May 14, in 1986), live in freshwater, brackish, and estimated. Daytona Beach, FL; and Thursday, May marine habitats in coastal and inland The only data on population size 15, in Jacksonville, FL. See additional waterways of the southeastern United include un-calibrated indices based on information on the public comment States. The majority of the population maximum counts of animals at winter process in the SUPPLEMENTARY can be found in Florida waters refuges made within one or two days of INFORMATION section. throughout the year, and nearly all each other. Based on such information manatees use the waters of peninsular in the late 1980s, the total number of ADDRESSES: Formal public hearings will Florida during the winter months. The manatees throughout Florida was be held from 6:30 p.m. to 9 p.m. at the manatee is a cold-intolerant species and originally thought to include at least following locations: requires warm water temperatures 1,200 animals (Service, 2001). Because Ft. Myers, FL, on Tuesday, May 13, at generally above 20° Celsius (68° aerial and ground counts at winter the Harborside Convention Hall, 1375 Fahrenheit) to survive during periods of refuges are highly variable depending Monroe St.; Daytona Beach, FL, on cold weather. During the winter months, on the weather, water clarity, manatee Wednesday, May 14, at the Ocean most manatees rely on warm water from behavior, and other factors (Packard et Center, 101 N. Atlantic Ave.; industrial discharges and natural al., 1985; Lefebvre et al., 1995), Jacksonville, FL, on Thursday, May springs for warmth. In warmer months, interpretation of these data to assess 15, at The University Center, they expand their range and short-term trends is difficult (Packard University of North Florida campus, occasionally are seen as far north as and Mulholland, 1983; Garrott et al., 4567 St. Johns Bluff Rd. South. Rhode Island on the Atlantic Coast and 1994). If you wish to comment, you may as far west as Texas on the Gulf Coast. Beginning in 1991, the State of submit your comments by any one of Florida initiated a statewide, synoptic, several methods: Status of the Florida Manatee aerial survey program to count manatees 1. You may submit written comments Long-term studies, as described in potential winter habitat during and information by mail to the Field below, suggest that there are four periods of severe cold weather VerDate Dec<13>2002 15:45 Apr 03, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\04APP2.SGM 04APP2 Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / Proposed Rules 16603 (Ackerman, 1995). These surveys are Kings Bay were established in 1980; an 1970s and early 1990s. This modeling much more comprehensive than those additional three were added in 1994, shows the value of using survival and used to estimate a minimum population and a seventh in 1998. The increases in reproduction data obtained from photo- during the 1980s. The highest statewide, counts at Blue Spring and Crystal River identification studies of living manatees minimum count from these surveys was are accompanied by estimates of adult to compute population growth rates 3,276 manatees in January 2001; the survival and population growth that are with confidence intervals, providing highest count on the east coast of higher than those determined for the information that can be used to infer Florida included 1,814 animals (January Atlantic coast (Eberhardt and O’Shea, long-term trends in the absence of 2003) and the highest on the west coast 1995; Langtimm et al., 1998; Eberhardt reliable population size estimates. included 1,756 (January 2001). et al., 1999). Collection of similar data has been Due to the problems mentioned While aircraft synoptic surveys initiated only recently in that area of above, we do not know what proportion provide a ‘‘best estimate’’ of the Florida from Tampa Bay to the of the total manatee population is minimum Florida manatee population Caloosahatchee River (beginning in the counted in these surveys. These size, there are no confidence intervals mid-1990s) and none is available for uncorrected counts do not provide a (derived through reliable, statistically many of the remaining areas used by basis for assessing population trends, based, population-estimation manatees in southwestern Florida although trend analyses of temperature- techniques) for these estimates. With the (Southwest Region). adjusted aerial survey counts may exception of a few places where A population viability analysis (PVA), provide insight to general patterns of manatees may aggregate in clear, in which random events, such as red population growth in some regions shallow water, not all manatees can be tide and extremely cold winters, are (Garrott et al., 1994, 1995; Craig et al., seen from aircraft because of water incorporated into a model, was carried 1997; Eberhardt et al., 1999).
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