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 Protection Areas in ; Proposed Rule

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DEPARTMENT OF THE INTERIOR Supervisor, Jacksonville Field Office, relatively distinct regional populations U.S. Fish and Wildlife Service, Attn: of 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

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(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 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 (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). turbidity, depth, surface conditions, out for manatees based on age-specific It is possible, however, to monitor the variable times spent submerged, and mortality rates estimated from the age number of manatees using the Blue other considerations. Thus, results distribution of manatees found dead Spring (Volusia County) and Crystal obtained during typical manatee throughout Florida from 1979 through River (Citrus County) warm-water synoptic surveys yield unadjusted 1992 (Marmontel et al., 1997). This refuges. At Blue Spring (in the Upper St. partial counts. While these results are of method of estimating survival relied on Johns River Region), with its unique value in providing information on certain assumptions that were not fully combination of clear water and confined where manatees occur, likely relative testable; despite this, the results again spring area, it has been possible to count abundance in various areas, and pointed out the importance of adult the number of resident animals by seasonal shifts in manatee abundance, survival to population persistence. identifying individual manatees from they do not provide good population Given a population size that reflected a scar patterns. The data indicate that this estimates, nor can they reliably measure 1992 minimum population estimate, the group of animals has increased steadily trends in the manatee population. PVA showed that if adult mortality as since the early 1970s when it was first Consequently, the Florida Manatee estimated for the study period were studied. During the 1970s the number of Recovery Plan (Service, 2001) concludes reduced by a modest amount (for manatees using the spring increased that ‘‘despite considerable effort in the example, from 11 percent down to 9 from 11 to 25 (Bengtson, 1981). In the early 1980s, scientists have been unable percent), the Florida manatee mid-1980s about 50 manatees used the to develop a useful means of estimating population would likely remain viable spring (Service, 2001), and by the winter or monitoring trends in size of the for many years. However, the PVA also of 1999–2000, the number had increased overall manatee populations in the showed that slight increases in adult to 147 (Hartley, 2001). southeastern United States.’’ mortality would result in extinction of In the Northwest Region, the clear, Population models employ manatees within the next 1,000 years. shallow waters of Kings Bay (Citrus mathematical relationships based on The above review demonstrates that County) have made it possible to survival and reproduction rates to using statewide population size monitor the number of manatees using estimate population growth and trends ‘‘estimates’’ of any kind is scientifically this warm-water refuge at the head of in growth. A deterministic model (a weak for estimating population trends Crystal River. Large aggregations of model in which there are no random in manatees. The weight of scientific manatees apparently did not exist there events) that uses classical mathematical evidence suggests that the potential for until recent times (Service, 2001). The approaches and various computational population increases over the last two first careful counts were made in the procedures with data on reproduction decades is strong for two protected late 1960s. Since then, manatee and survival of living, identifiable aggregation areas. New population numbers have increased significantly. manatees suggests a maximum analyses, based on more recent (since From 1967 to 1968, Hartman (1979) population growth rate of about 7 1992) information, are not yet available counted 38 animals in Kings Bay. By percent per year, excluding emigration in the peer-reviewed literature. 1981–1982, the maximum winter count or immigration (Eberhardt and O’Shea, In 2001, the Manatee Population had increased to 114 manatees (Powell 1995). This maximum was based on Status Working Group (MPSWG) and Rathbun, 1984), and in November studies conducted between the late provided a statement summarizing what 2000, the maximum count was 301 1970s and early 1990s in the well- they believed to be the status of the (Service, 2003). protected winter aggregation area at Florida manatee at that time (Wildlife Both births and immigration of Crystal River and did not require Trust, 2001). The MPSWG stated that, animals from other areas have estimation of the population size. The for the Northwest and Upper St. Johns contributed to the increases in manatee analysis showed that the chief factor River regions, available evidence numbers at Crystal River and Blue affecting the potential for population indicated that there had been a steady Spring. Animals may be further growth is survival of adults. increase in animals over the last 25 attracted to these areas because of local Estimated adult survival in the years. The statement was less optimistic manatee protection areas. Three Atlantic Region (a larger region with for the Atlantic Region due to an adult manatee sanctuaries (areas in which less protection) has suggested slower or survival rate that was lower than the waterborne activities are prohibited) in no population growth between the late rate necessary to sustain population

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growth. The MPSWG believed that this species is categorized as endangered or (ii) has the potential to disturb a marine region had likely been growing slowly threatened. mammal or marine mammal stock in the in the 1980s, but then may have leveled In order for us to determine that an wild by causing disruption of behavioral off or even possibly declined. They endangered species has recovered to a patterns, including, but not limited to, considered the status of the Atlantic point that it warrants removal from the migration, breathing, nursing, breeding, Region to be ‘‘too close to call.’’ Such List of Endangered and Threatened feeding, or sheltering. finding was consistent with high levels Wildlife and Plants, the species must Human use of the waters of the of human-related and, in some years, have improved in status to the point at southeastern United States has cold-related deaths in this region. which listing is no longer appropriate increased dramatically as a result of Regarding the Southwest Region, the under the criteria set out in section residential growth and increased MPSWG acknowledged that further data 4(a)(1) of the ESA. That is, threats to the visitation. This phenomenon is collection and analysis would be species must be reduced or eliminated particularly evident in the State of necessary to provide an assessment of such that the species no longer fits the Florida. The human population of the manatee’s status in this region. definitions of threatened or endangered. Florida has grown by 246 percent since Preliminary estimates of adult survival While suggestions of increasing 1970, from 6.8 million to 16.7 million available to the MPSWG at that time population size are very encouraging, residents (U.S. Census Bureau, 2003), indicated that the Southwest Region there has been no confirmation that and is expected to exceed 18 million by was similar to the Atlantic Region and significant threats to the species, 2010, and 20 million by the year 2020. ‘‘substantially lower than [the adult including human-related mortality, According to a report by the Florida survival estimates] for the Northwest injury, and harassment, and habitat Office of Economic and Demographic and Upper St. Johns Regions.’’ The alteration, have been reduced or Research (2000), it is expected that, by Southwest Region was cited as having eliminated to the extent that the Florida the year 2010, 13.7 million people will had high levels of watercraft-related manatee may be reclassified from reside in the 35 coastal counties of deaths and injuries and natural endangered to threatened status. Florida. In a parallel fashion to mortality events (i.e., red tide and severe Pursuant to our mission, we continue to residential growth, visitation to Florida cold). assess this information with the goal of has increased dramatically. It is Recent information suggests that the meeting our manatee recovery expected that Florida will have 83 overall manatee population has grown objectives. million visitors annually by the year 2020, up from 48.7 million visitors in since the species was listed in 1967 (50 Threats to the Species 1998. In concert with this increase of CFR 17.11). Based on data provided at Human activities, and particularly human population growth and visitation the April 2002 Manatee Population waterborne activities, are resulting in is the increase in the number of Ecology and Management Workshop, we the take of manatees. Take, as defined watercraft that travel Florida waterways. believe that the Northwest and Upper by the ESA, means to harass, harm, In 2002, 961,719 vessels were registered St. Johns River regions and are pursue, hunt, shoot, wound, kill, trap, in the State of Florida (Division of approaching demographic benchmarks capture, collect, or to attempt to engage Highway Safety and Motor Vehicles, established in the Florida Manatee in any such conduct. Harm means an act 2003). This represents an increase of 59 Recovery Plan (Service, 2001) for which kills or injures wildlife (50 CFR percent since 1993. The Florida reclassification from endangered to 17.3). Such an act may include Department of Community Affairs threatened status. We also believe that significant habitat modification or estimates that, in addition to boats the Atlantic Region is close to meeting degradation that kills or injures wildlife belonging to Florida residents, between the downlisting benchmark for adult by significantly impairing essential 300,000 and 400,000 boats registered in survival, at a minimum, and is close to behavioral patterns, including breeding, other States use Florida waters each meeting or exceeding other feeding, or sheltering. Harass includes year. demographic criteria. We are less intentional or negligent acts or Increases in the human population optimistic, however, regarding the omissions that create the likelihood of and the concomitant increase in human Southwest Region. Although data are injury to wildlife by annoying it to such activities in manatee habitat compound still insufficient or lacking to compare an extent as to significantly disrupt the effect of such activities on manatees. the Southwest Region’s status to the normal behavioral patterns, which Human activities in manatee habitat downlisting/delisting criteria, include, but are not limited to, breeding, include direct and indirect effects. preliminary data for adult survival feeding, or sheltering (50 CFR 17.3). Direct impacts include injuries and indicate that this Region is below the The MMPA sets a general deaths from watercraft collisions, deaths benchmarks established in the recovery moratorium, with certain exceptions, on from water control structure operations, plan. the take and importation of marine lethal and sublethal entanglements with Although we are optimistic about the mammals and marine mammal products recreational and commercial fishing potential for recovery in three out of the (section 101(a)) and makes it unlawful gear, and alterations of behavior due to four regions, it is important to clarify for any person to take, possess, harassment. Indirect effects include that in order to downlist or delist the transport, purchase, sell, export, or offer habitat alteration and destruction, manatee, pursuant to the ESA, all four to purchase, sell, or export, any marine which include such activities as the regions must simultaneously meet the mammal or marine mammal product creation of artificial warm water refuges, appropriate criteria as described in the unless authorized. Take, as defined by decreases in the quantity and quality of Florida Manatee Recovery Plan (Service, section 3(13) of the MMPA means to warm water in natural spring areas, 2001). Additionally, either action would harass, hunt, capture, or kill, or attempt changes in water quality in various parts necessarily be based on a status to harass, hunt, capture, or kill any of the State, the introduction of marine assessment for the species throughout marine mammal. Harassment is defined debris, and other, more general its range (including the United States under the MMPA as any act of pursuit, disturbances. and Caribbean) and would consider the torment, or annoyance which—(i) has Manatee mortality has continued to factors, as described in section 4(a)(1) of the potential to injure a marine mammal climb steadily. Average annual total the ESA, that determine whether any or marine mammal stock in the wild; or mortality in the 1990s (227.9) was

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nearly twice that of the 1980s (118.2). In navigation locks (FWCC: FMRI Manatee In accordance with 50 CFR 17.106, areas 2002, 305 manatee deaths were Mortality Database, 2003). Manatees may be established on an emergency documented in Florida. Total deaths may be crushed in gates and locks or basis when such takings are imminent. over the past 5 years are almost three may be trapped in openings where flows We may establish two types of times greater than they were in the first prevent them from surfacing to breathe. manatee protection areas—manatee half of the 1980s. Although a large part Locks and gates were responsible for refuges and manatee sanctuaries. A of this increase may be due to an 164 manatee deaths between 1978 and manatee refuge, as defined in 50 CFR increase in manatee abundance, rapid 2002, or approximately 4 percent of all 17.102, is an area in which we have growth in human activities and deaths during this period. While there determined that certain waterborne development may also be significant are no well-defined patterns activities would result in the taking of factors. Over the past 5 years, human- characterizing these mortalities, it is one or more manatees, or that certain related manatee mortality has accounted believed that periods of low rainfall waterborne activities must be restricted for 33 percent of all manatee deaths, increase the likelihood of manatees to prevent the taking of one or more with watercraft-related deaths being killed in these structures. These manatees, including but not limited to, accounting for 28 percent of the total. periods require more frequent, large- a taking by harassment. A manatee These rates are about 5 to 7 percent scale movements of water, which sanctuary is an area in which we have higher than the early 1980s, when about require more frequent gate openings and determined that any waterborne activity 28 percent of all deaths were human- closings in areas that attract manatees would result in the taking of one or related and 21 percent were due to searching for fresh water. We have been more manatees, including but not watercraft. working, through an interagency task limited to, a taking by harassment. A The continuing increase in the force, with various Federal and State waterborne activity is defined as number of recovered dead manatees agencies to retrofit these structures with including, but not limited to, throughout Florida has been interpreted reversing mechanisms that prevent swimming, diving (including skin and as evidence of increasing mortality rates manatee crushings. scuba diving), snorkeling, water skiing, (Ackerman et al., 1995). Between 1976 Manatees are also affected by other surfing, fishing, the use of water and 1999, the number of carcasses human-related activities. Impacts vehicles, and dredge and fill activities. collected in Florida increased at a rate resulting from these activities include of 5.8 percent per year, and deaths deaths caused by entrapment in pipes Relationship to Manatee Lawsuit caused by watercraft strikes increased and culverts; entanglement in ropes, On January 13, 2000, several by 7.2 percent per year (Service, 2002). lines, and nets; ingestion of fishing gear organizations and individuals filed suit Because the manatee has a low or debris; vandalism; and poaching. against the Service and the U.S. Army reproductive rate, a decrease in adult These activities have accounted for 124 Corps of Engineers alleging violations of survivorship due to watercraft collisions manatee deaths since 1978, an average the ESA, the MMPA, the National could contribute to a long-term of more than 4 deaths per year. As with Environmental Policy Act, and the population decline (O’Shea et al., 1985). watercraft-related mortalities, these Administrative Procedure Act. Four It is believed that a 1 percent change in deaths also appear to be increasing, with groups representing development and adult survival likely results in a 40 of these deaths occurring between boating interests intervened. Following corresponding change in the rate of 1998 and 2002 (an average of 8 deaths extensive negotiations, the suit was population growth or decline per year over the last 5 years). (Marmontel et al., 1997). resolved by a Settlement Agreement Collisions with watercraft are the Manatee Protection Areas dated January 5, 2001. On October 24, largest cause of human-related manatee To minimize the number of injuries 2001, the plaintiffs filed a Formal Notice deaths. Data collected during manatee and deaths associated with watercraft of Controversy alleging that the Service carcass salvage operations in Florida activities, we and the State of Florida had violated provisions of the indicate that a total of 1,145 manatees have designated manatee protection Settlement Agreement. On April 17, (from a total carcass count of 4,545) are areas at sites throughout coastal Florida 2002, the plaintiffs filed an Expedited confirmed victims of collisions with where conflicts between boats and Motion to enforce the Settlement watercraft (1978 to 2002). This number manatees have been well documented Agreement, and on July 9, 2002, the may underestimate the actual number of and where manatees are known to Court found that the Service had not watercraft-related mortalities, since frequently occur. These areas include fulfilled its settlement requirements to many of the mortalities listed as posted signs to inform the boating designate refuges and sanctuaries ‘‘undetermined causes’’ show evidence public about restrictions and throughout peninsular Florida. On of collisions with vessels. Collisions prohibitions. We propose to enhance August 1, 2002, and November 7, 2002, with watercraft comprise approximately existing protection areas by establishing the Court ordered the Federal 25 percent of all manatee mortalities three additional manatee refuges in five defendants to show cause why they since 1978. Approximately 75 percent of Florida counties. should not be held in contempt for all watercraft-related manatee mortality Federal authority to establish violating the Court’s orders of January 5, has taken place in 11 Florida counties protection areas for the Florida manatee 2002, January 17, 2002, and August 1, (Brevard, Lee, Collier, Duval, Volusia, is provided by the ESA and the MMPA, 2002. Broward, Palm Beach, Charlotte, and is codified in 50 CFR, part 17, To resolve these controversies, the Hillsborough, Citrus, and Sarasota) subpart J. We have discretion, by plaintiffs and Federal defendants (FWCC: Florida Marine Research regulation, to establish manatee entered into a Stipulated Order wherein Institute (FMRI) Manatee Mortality protection areas whenever there is the Service agreed to submit to the Database, 2003). The last 5 years have substantial evidence showing such Federal Register for publication a been record years for the number of establishment is necessary to prevent proposed rule for the designation of watercraft-related mortalities. the taking of one or more manatees (that additional manatee protection areas. The second largest cause of human- is, to harass, harm, pursue, hunt, shoot, The areas in this notice represent those related manatee mortality is entrapment wound, kill, trap, capture, collect, or to areas that the Service has determined, in water control structures and attempt to engage in any such conduct). based on the current, best available data,

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should be considered for designation as Areas Proposed for Designation as the marked navigation channel. (In any manatee refuges. Manatee Refuges location where the distance from the shoreline to within approximately 91 Site Selection Process and Criteria Caloosahatchee River—San Carlos Bay meters (300 feet) of the near side of the Manatee Refuge In order to establish a site as a channel is less than 1⁄4 mile, the slow manatee protection area, we must We are proposing to establish a speed buffer will extend to the edge of determine that there is substantial manatee refuge in the Caloosahatchee the marked navigation channel.) Vessel evidence showing such establishment is River and San Carlos Bay in Lee County speeds between these buffers (including necessary to prevent the take of one or (in the Southwest Region) for the the marked navigation channel) are more manatees. In documenting historic purpose of regulating vessel speeds, limited to not more than 40 km per hour manatee use and harm and harassment, from the Seaboard Coastline Railroad (25 mph); we relied on the best available trestle, downstream to Channel Marker f. from Channel Marker ‘‘72’’ to information (although some data are ‘‘93,’’ and from Channel Marker ‘‘99’’ to Channel Marker ‘‘82’’ (in the vicinity of admittedly sparse), including aerial the . Except as Redfish Point), for a distance of survey and mortality data and provided in 50 CFR 17.105, watercraft approximately 3.1 km (1.9 miles) in additional information from FMRI and will be required to proceed as follows: length, slow speed year-round the U.S. Geological Survey’s Sirenia a. from the Seaboard Coastline shoreline-to-shoreline, including the Project, manatee experts, as well as the Railroad trestle at Beautiful Island, marked navigation channel; public, and our best professional downstream to a point 152 meters (500 g. from Channel Marker ‘‘82’’ to judgment. feet) east of the , a Channel Marker ‘‘93,’’ a distance of distance of approximately 7.2 km (4.5 approximately 3.9 km (2.4 miles), in Definitions miles), slow speed in the marked length, slow speed year-round, The following terms are used in 50 navigation channel from November 15 shoreline buffers extending out to a CFR 17.108. We present them here to to March 31 and not more than 40 distance of approximately 91 meters aid in understanding this proposed rule. kilometers (km) per hour (25 miles per (300 feet) from the marked navigation Idle speed means the minimum speed hour (mph)) in the channel from April channel. (In any location where the needed to maintain watercraft steerage. 1 to November 14; distance from the shoreline to within Planing means riding on or near the b. from a point 152 meters (500 feet) approximately 91 meters (300 feet) of water’s surface as a result of the east of the Edison Bridge downstream to the near side of the channel is less than hydrodynamic forces on a watercraft’s a point 152 meters (500 feet) west of the 0.4 km (0.25 mile), the slow speed hull, sponsons (projections from the , approximately buffer will extend to the edge of the side of a ship), foils, or other surfaces. 1.1 km (0.7 miles) in length, slow speed marked navigation channel.) Vessel A watercraft is considered on plane year-round, shoreline-to-shoreline speeds between these buffers, including when it is being operated at or above the including the marked navigation the marked navigation channel, are speed necessary to keep the vessel channel; limited to not more than 40 km per hour planing. c. from a point 152 meters (500 feet) (25 mph); Slow speed means the speed at which west of the Caloosahatchee Bridge h. from Channel Marker ‘‘99’’ to the a watercraft proceeds when it is fully off downstream to a point 152 meters (500 Sanibel Causeway, slow speed year- plane and completely settled in the feet) northeast of the , round in San Carlos Bay within the water. Watercraft must not be operated a distance of approximately 10.9 km (6.8 following limits: a northern boundary at a speed that creates an excessive miles), year-round, slow speed shoreline described by the southern edge of the wake. Due to the different speeds at buffers extending out to a distance of marked navigation channel, a line which watercraft of different sizes and approximately 91 meters (300 feet) from approximately 2.9 km (1.8 miles) in configurations may travel while in the marked navigation channel. (In any length; a southern boundary described compliance with this definition, no location where the distance from the by the Sanibel Causeway specific speed is assigned to slow speed. shoreline to within approximately 91 (approximately 1.9 km or 1.2 miles in A watercraft is not proceeding at slow meters (300 feet) of the near side of the length); a western boundary described speed if it is—(1) on a plane, (2) in the channel is less than 0.4 km (0.25 mile), by a line that connects the western end process of coming up on or coming off the slow speed buffer will extend to the of the eastern most Sanibel Causeway of plane, or (3) creating an excessive edge of the marked navigation channel.) island and extending northwest to the wake. A watercraft is proceeding at slow Vessel speeds between these buffers western shoreline of Merwin Key speed if it is fully off plane and (including the marked navigation (approximately 3.1 km or 1.9 miles in completely settled in the water, not channel) are limited to not more than 40 length); the eastern boundary includes plowing or creating an excessive wake. km per hour (25 mph) throughout the the western limit of the State-designated Slow speed (channel exempt) year; manatee protection area (68C–22.005) designates a larger area where slow d. from a point 152 meters (500 feet) near Punta Rassa (approximately 2.9 km speed is required, through which a northeast of the Cape Coral Bridge or 1.8 miles in length). Speeds are maintained, marked channel is exempt downstream to a point 152 meters (500) unrestricted in the channel and bay from the slow speed requirement. feet southwest of the Cape Coral Bridge, waters to the west of this area. Slow speed (channel included) means a distance of approximately 0.3 km (0.2 Manatee presence has been that the slow-speed designation applies mile), slow speed, channel included, documented in this area through aerial to the entire marked area, including year-round; surveys, photo-identification studies, within the designated channel. e. from a point 152 meters (500 feet) telemetry studies, and a carcass salvage Wake means all changes in the southwest of the Cape Coral Bridge to program (Florida Fish and Wildlife vertical height of the water’s surface Channel Marker ‘‘72,’’ a distance of Conservation Commission (FWCC, caused by the passage of a watercraft, approximately 1.9 km (or 1.2 miles), 2000). Per these studies, it is apparent including a vessel’s bow wave, stern slow speed year-round, shoreline the Caloosahatchee River is used wave, and propeller wash, or a buffers extending out to a distance of throughout its length throughout the combination of these. approximately 91 meters (300 feet) from year by manatees. Primary winter-use

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areas include the Florida Power and established in the Caloosahatchee River a. From Reddie Point upstream to the Light Company’s Fort Myers Power downstream of the power plant in Main Street Bridge, a distance of Plant and Matlacha Pass, upstream and November 1989 (68C–22.005 FAC). approximately 11.6 km (or 7.2 miles), downstream (respectively) of the Speed zones were established slow speed, year-round, outside the proposed refuge. The power plant is a countywide in November 1999 (68C– navigation channel and not more than major winter refuge for manatees. On 22.005 FAC). The majority of these 40 km per hour (25 mph) in the channel January 6, 2001, 434 manatees were zones include shoreline buffers that (from Channel Marker ‘‘81’’ to the Main observed wintering in this region provide protection in nearshore areas Street Bridge, the channel is defined as (FWCC: FMRI Aerial Survey Database, frequented by manatees. All zones were the line of sight extending west from 2003). to be posted with the appropriate Channel Markers ‘‘81’’ and ‘‘82’’ to the In warmer months, manatees use the signage by July 2001 (68C–22.004 and center span of the Main Street Bridge); river as a travel corridor between 68C–22.005 FAC). Compliance with b. From the Main Street Bridge to the upstream fresh water, foraging, and speed zones in the Caloosahatchee , a distance of resting sites and downstream foraging averaged only 57 percent (FWCC, 2002). approximately 1.6 km (or 1.0 miles) areas. Manatees use the canal systems in According to FWCC: FMRI’s manatee slow speed, channel included, Fort Myers and Cape Coral (between the mortality database, 764 manatee year-round; Edison Bridge upstream and Shell carcasses were recorded in Lee County c. Upstream of the Fuller Warren Point) to rest and drink fresh water from 1974 to 2002 (FWCC: FMRI Bridge, a 305-meter (1,000-foot), slow (Weigle, et al., 2002). Manatees travel Manatee Mortality Database, 2003). Of speed, year-round, shoreline buffer to west of Shell Point to feed in the this total, 163 manatee deaths were the south bank of the mouth of Peter’s seagrass beds in San Carlos Bay and watercraft-related (21 percent of the Branch in Clay County along the western shore (approximately 31.1 km adjacent waterways. total number of deaths in Lee County). An analysis of the telemetry data or 19.3 miles); and in Doctors Lake in Over the past 13 years, the County’s rate indicates that manatees appear to travel Clay County, slow speed, year-round, of increase in watercraft-related manatee along shallow areas relatively close to along a 274-meter (900-foot) shoreline mortality is higher than the rates of shore and cross the river in narrow areas buffer (approximately 20.8 km or 12.9 increase in watercraft-related mortality near Redfish Point and Shell Point. The miles); and a 305-meter (1,000-foot), in southwest Florida and in watercraft- Redfish and Shellfish Point sections of slow speed, year-round, shoreline buffer related deaths statewide. Areas east of the river represent specific areas where to the south bank of the mouth of the Edison Bridge and west of Shell manatees and boats overlap during their Julington Creek in St. Johns County Point are areas with recent increases in travels (Weigle et al., 2002). The along the eastern shore (approximately watercraft-related mortality; eight funneling of high speed watercraft and 32.5 km or 20.2 miles) to a line north manatees through these narrow areas watercraft-related deaths have occurred of a western extension of the Nature’s increases the likelihood of manatee- east of the railroad trestle and seven Hammock Road North. watercraft collisions in this area. Four have occurred in San Carlos Bay since Manatee presence has been watercraft-related manatee mortalities 2000, including two watercraft-related documented in this area through aerial occurred in this area since January 2001 deaths in San Carlos Bay since July surveys, photo-identification studies, (FWCC: FMRI Manatee Mortality 2001, when State speed zones were telemetry studies, and a carcass salvage Database, 2003). Given this history, we marked (FWCC: FMRI Manatee program. Manatees occur throughout the designated Shell Island (the area around Mortality Database, 2003). proposed manatee protection area; the Shell Point) as a manatee refuge on We believe the measures in this extent of use varies by habitat type and November 8, 2002 (67 FR 68450). proposed regulation will improve time of year (White et al., 2002). The number of registered vessels in manatee protection and are necessary to Telemetry and aerial survey data Lee County has increased by 25 percent prevent the take of at least one manatee indicate that peak numbers occur over the past 5 years (from 36,255 by harassment, injury, and/or mortality between March and June with heaviest vessels in 1998 to 45,413 in 2002) by extending coverage to currently use along the St. Johns River shorelines (FWCC, 2002). According to the FWCC’s unprotected areas used by manatees. upstream of the Fuller Warren Bridge recent study of manatee mortality, The increased width of the shoreline and along the southeast shoreline of manatee habitat, and boating activity in buffers downstream of the Doctors Lake. The latter appears to the Caloosahatchee River (FWCC, 2002), Caloosahatchee Bridge will provide a correlate with the highest quality vessel traffic increases as the day greater margin of safety for manatees in feeding habitat. Recent studies progresses and doubles on the weekends this important manatee area. demonstrate little use during the compared to weekdays. The highest Lower St. Johns River Manatee Refuge December through February period volumes of traffic were recorded in the (White et al., 2002). While there were spring and lowest volume in the winter. We are proposing to establish a warm water discharges (i.e., power plant Highest vessel traffic densities occurred manatee refuge for the purpose of and industrial effluents) located within at Shell Point where the Caloosahatchee regulating waterborne vessel speeds in the area of the proposed refuge, these River and San Carlos Bay converge. portions of the St. Johns River (in the man-made attractants no longer exist. Many of the boats in the lower Atlantic Region) and adjacent waters in Vessel speeds are currently restricted Caloosahatchee River originate from the Duval, Clay, and St. Johns Counties throughout the proposed manatee Cape Coral canal system and head from Reddie Point upstream to the protection area. In 1989, boating toward the Gulf of Mexico. mouth of Peter’s Branch (including restricted areas were adopted by Duval Presently, there are State-designated, Doctors Lake) in Clay County on the County and established by the State of manatee speed zones throughout most western shore, and to the southern shore Florida for portions of the St. Johns of Lee County. Seasonal speed zones of the mouth of Julington Creek in St. River. These include a bank-to-bank, were established in the Caloosahatchee Johns County on the eastern shore. slow-speed zone between the Florida and Orange rivers around the Fort Except as provided in 50 CFR 17.105, East Coast Railroad Bridge and the Main Myers power plant in 1979 (68C–22.005 watercraft will be required to proceed as Street Bridge and a ‘‘slow down/ FAC). Additional speed zones were follows: minimum wake when flashing’’ zone

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between the Main Street and Hart comply with the vessel operation length, idle speed, year-round, shoreline Bridges, activated during special events restrictions, and by improving the to shoreline; at the discretion of the Jacksonville ability of law enforcement personnel to d. From 152 meters (500 feet) north to Sheriff’s Office (16N–24.016 Duval enforce the restrictions. The proposed 305 meters (1,000 feet) south of the County Boating Restricted Areas). The configuration should be less Granada Bridge (State Road 40), a first manatee protection areas were complicated, easier to post, and will distance of approximately 0.5 km (0.3 adopted in 1989 by Duval County and reduce reliance on waterway users to miles) in length, slow speed, year- in 1994 by the State of Florida. These judge distances from the shoreline or round, channel included; measures included a slow-speed, the ends of docks and piers. The e. From a point 305 meters (1,000 feet) channel exempt zone from Reddie Point increased width of the shoreline buffers south of the Granada Bridge (State Road to the Main Street Bridge and a upstream of the Fuller Warren Bridge 40) to a point 152 meters (500 feet) 91-meter (300-foot) shoreline buffer in will also provide a greater margin of north of the Seabreeze Bridge, a distance portions of the St. Johns River upstream safety for manatees between areas of of approximately 6.4 km (4.0 miles) in of the Fuller Warren Bridge. The high speed boating activity and highest length, slow speed, year-round, 305- manatee protection areas were manatee use. The proposal will not meter (1,000-foot) minimum buffers reconfigured in 2001. Current protection detract from operation of the boater along shorelines with not more than 40 measures consist of shoreline buffers safety zone downstream of the Main km per hour (25 mph) in areas between that vary in width from 91 to 274 meters Street Bridge during special events. the buffers, and including the marked (300 to 900 feet). There are provisions navigation channel; Halifax and Tomoka Rivers Manatee downstream of the Fuller Warren Bridge f. From 152 meters (500 feet) north of Refuge that include a shoreline buffer of 152 the Seabreeze Bridge, to Channel Marker meters (500 feet) or 61 meters (200 feet) We are proposing to establish a ‘‘40,’’ a distance of approximately 3.7 from the end of docks, whichever is manatee refuge in the and km (2.3 miles) in length, slow speed, greater (an expansion of the 1989 91- associated waterbodies in Volusia year-round, channel included; meter (300-foot) buffer) (68C–22.027 County (in the Atlantic Region) for the g. From Channel Marker ‘‘40’’ to a FAC). We believe that the variable purpose of regulating vessel speeds, point 152 meters (500 feet) north of the shoreline buffers are not adequately from the Volusia/Flagler county line to Dunlawton Bridge, a distance of posted, which makes these areas hard to New Smyrna Beach. Except as provided approximately 14.5 km (9 miles) in enforce and difficult for the boating in 50 CFR 17.105, watercraft will be length, slow speed, year-round, 305- public to understand and comply with required to proceed as follows: meter (1,000-foot) minimum buffers these measures. a. From the Volusia County/Flagler along shorelines with not more than 40 Overall, 270 manatee deaths were County line at Halifax Creek south to km per hour (25 mph) in areas between recorded in Duval County between 1974 Channel Marker ‘‘9’’, a distance of the buffers, and including the marked and 2002 (FWCC: FMRI Manatee approximately 11.3 km (7.0 miles) in navigation channel; Mortality Database, 2003). Ninety-four length, slow speed, year-round outside h. From 152 meters (500 feet) north to of these deaths included deaths caused the marked channel with not more than 152 meters (500 feet) south of the by watercraft collision. Fifty-one 40 km per hour (25 mph) in the channel; Dunlawton Bridge, a distance of watercraft-related manatee deaths b. From Channel Marker ‘‘9’’ to a approximately 0.3 km (0.2 miles) in occurred within the proposed manatee point 152 meters (500 feet) north of the length, slow speed, year-round, channel protection area. Of these, 24 were Granada Bridge (State Road 40) included; recovered between Reddie Point and the (including the Tomoka Basin), a i. From 152 meters (500 feet) south of Matthews Bridge, 10 were recovered distance of approximately 5.0 km (3.1 the Dunlawton Bridge to Ponce Inlet, a between the Hart and Acosta bridges, 6 miles) in length, slow speed, year- distance of approximately 10.5 km (6.5 were recovered between the Fuller round, 305-meter (1,000-foot) minimum miles) in length, slow speed, year-round Warren and Buckman bridges, and 11 buffers along shorelines with not more outside of marked channels with not were recovered upstream of the than 40 km per hour (25 mph) in areas more than 40 km per hour (25 mph) in . Most of these deaths between the buffers (and including the the channel; in Wilbur Bay, a distance have occurred in that portion of the marked navigation channel); of approximately 2.7 km (1.7 miles) in river where manatees and boats are most c. In the Tomoka River, all waters length, slow speed, year-round, constricted (FWCC, 2000). From 1994 to upstream of the U.S. 1 bridge, a distance shoreline to shoreline; along the western 2001, when the area was protected of approximately 7.2 km (4.5 miles) in shore of the Halifax River, a distance of under the initial State rule, manatee length, slow speed, year-round, approximately 3.1 km (1.95 miles), slow deaths averaged two per year between shoreline to shoreline; from the U.S. 1 speed, year-round, with not more than Reddie Point and the Fuller Warren bridge downstream to Latitude 40 km per hour (25 mph) in the marked Bridge. In 2002, subsequent to adoption 29°19′00″, a distance of approximately channels; in Rose Bay, a distance of of the current rule, one watercraft- 2.1 km (1.3 miles) in length, idle speed, approximately 2.7 km (1.7 miles), slow related death was documented in this year-round, shoreline to shoreline; from speed, year-round, with not more than area; a single watercraft-related death Latitude 29°19′00″ downstream to the 40 km per hour (25 mph) in the marked was documented upstream of the Fuller confluence of Strickland Creek and the channels; in all waters of Mill Creek, Warren Bridge in 2001. Tomoka River, and including Tenmile Creek, and Dead End Creek, a We believe the proposed measures in Strickland, Thompson, and Dodson combined distance of approximately 5.1 this regulation will improve manatee creeks, a combined distance of km (3.2 miles) in length, slow speed, protection and are necessary to prevent approximately 9.7 km (6 miles) in year-round, shoreline to shoreline; in the taking of at least one manatee length, slow speed, year-round, Turnbull Bay, a distance of through harassment, injury, and/or shoreline to shoreline; from the approximately 3.9 km (2.4 miles), slow mortality by extending coverage to confluence of Strickland Creek and the speed, year-round, with not more than currently unprotected areas used by Tomoka River downstream to the mouth 40 km per hour (25 mph) in the marked manatees, by improving the ability of of the Tomoka River, a distance of channels; in Spruce Creek, for a the public to understand and, thus, approximately 1.4 km (0.9 miles) in distance of approximately 5.6 km (3.5

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miles), shoreline to shoreline, April 1 to Watercraft-related deaths occur between 4. Potential adverse effects to the August 31, slow speed, and from the months of March and October, with manatee associated with designating September 1 through March 31, not most occurring in May, June, and July. manatee protection areas for the species; more than 40 km per hour (25 mph); The existing, State-designated and j. In waters north of Ponce Inlet, manatee protection areas in coastal 5. Any actions that could be between Live Oak Point and Channel Volusia County were adopted by the considered in lieu of, or in conjunction Marker ‘‘2,’’ a distance of approximately State of Florida in 1994 (68C–22.012 with, the proposed designations that 2.9 km (1.8 miles), slow speed, year- FAC). These measures include slow and would provide comparable or improved round, shoreline to shoreline; in waters idle speed restrictions in the Tomoka manatee protection. adjacent to Ponce Inlet, slow speed, River and associated waterbodies Comments submitted electronically year-round outside of the marked (except for in those areas upstream and should be embedded in the body of the navigation channel and other marked downstream of Alligator Island), e-mail message itself or attached as a access channels, with not more than 40 91-meter (300-foot) shoreline buffers text-file (ASCII), and should not use km per hour (25 mph) in the marked along most of the Halifax River (with special characters and encryption. channels; in waters within Ponce Inlet, maximum speeds varying between 40 Please also include ‘‘Attn: RIN 1018– speeds are restricted to not more than 48 and 48 km per hour (25 and 30 mph) AJ06,’’ your full name, and return km per hour (30 mph); outside of the buffers), slow speeds in address in your e-mail message. k. In the from the downtown Daytona Beach area Comments submitted to Redland Canal to the A1A Bridge (New (except for a watersports area to the [email protected] will receive an Smyrna Beach), for a distance of south of Seabreeze Bridge), and a automated response confirming receipt approximately 5.3 km (3.3 miles) in complex of varying restrictions between of your message. If you do not receive length, slow speed, year-round, channel the Dunlawton Bridge and New Smyrna a confirmation from the system that we included. Beach. The existing State measures have received your e-mail message, Manatee presence has been include 10 different types of restrictions contact us directly by calling our documented in this area through aerial that are used to restrict 30 discrete areas Jacksonville Field Office (see ADDRESSES surveys, photo-identification studies, within the area of the proposed refuge. section). telemetry studies, and a carcass salvage Fifteen watercraft-related manatee Our practice is to make all comments, program (FWCC, 2000). In general, deaths were documented within the including names and home addresses of manatees primarily use the Halifax area of the proposed refuge since the respondents, available for public review River as a travel corridor (Deutsch, protection areas were first adopted. during regular business hours. 1998, 2000); manatees use the Seven of these deaths occurred in 2001, Individual respondents may request that downtown Daytona Beach area marinas and no watercraft-related deaths were we withhold their home address from as a source of drinking water and may known to have occurred in 2002. the rulemaking record, which we will calve here. The Tomoka River system is We believe the proposed measures in honor to the extent allowable by law. In a known calving area, as evidenced by this regulation will improve manatee some circumstances, we would observations of calving manatees protection and will prevent the take of withhold also from the rulemaking (McNerney, 1982) and aerial at least one manatee through record a respondent’s identity, as observations of significant numbers of harassment, injury, and/or mortality by allowable by law. If you wish for us to cow and calf pairs (FWCC, 2000). Other extending coverage to currently withhold your name and/or address, activities observed throughout these unprotected areas used by manatees, you must state this prominently at the systems include playing and/or and by improving the ability of the beginning of your comments. However, engaging in sexual activity, feeding, and public to understand and thus, comply, we will not consider anonymous resting. Manatees are known to occur in with protection measures through comments. We will make all these areas throughout the year simplification of restrictions. The submissions from organizations or (Deutsch, 1998, 2000), although they are increased width of the shoreline buffers businesses, and from individuals more abundant during the warmer along the Halifax River will provide a identifying themselves as months of the year (FWCC, 2000). greater margin of safety for manatees. representatives or officials of Two hundred and eight manatee organizations or businesses, available deaths occurred in Volusia County Public Comments Solicited for public inspection in their entirety. between 1974 and 2002 (FWCC: FMRI We intend that any final action Peer Review Manatee Mortality Database, 2003). This resulting from this proposal will be as number includes 60 watercraft-related accurate and as effective as possible. In accordance with our policy deaths. Of these, 30 watercraft-related Therefore, we solicit comments or published on July 1, 1994 (59 FR deaths occurred in coastal Volusia suggestions from the public, other 34270), we will seek the expert opinions County, (including 6 deaths in the concerned governmental agencies, the of at least three appropriate and Tomoka River system and 16 in the scientific community, industry, or any independent specialists regarding this Halifax River). Twenty of these deaths other interested party concerning this proposed rule. The purpose of such a have occurred over the past 10 years proposed rule. We particularly seek review is to ensure that our decisions and seven of these over the past 2 years. comments concerning: are based on scientifically sound data, Three of the watercraft-related deaths 1. The reasons why any of these areas assumptions, and analyses. We will occurred in the Tomoka River in 2001. should or should not be designated as send these peer reviewers copies of this Carcass recovery sites for manatees manatee refuges, including data in proposed rule immediately following known to have died as a result of support of these reasons; publication in the Federal Register. We watercraft collision include the lower 2. Current or planned activities in the will invite these peer reviewers to Tomoka River and tributaries, the subject areas and their possible effects comment, during the comment period, Halifax River in downtown Daytona on manatees; on the specific assumptions and Beach, areas to the south of Channel 3. Any foreseeable economic or other conclusions regarding the proposed Marker ‘‘40’’ and the Dunlawton Bridge, impacts resulting from the proposed designation of these manatee protection and areas to the south of Ponce Inlet. designations; areas.

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We will consider all comments and Send a copy of any comments that to protect the manatee. In fact, even information received during the 60-day concern how we could make this with no further activity by us, an comment period on this proposed rule proposed rule easier to understand to: extensive system of State-designated during preparation of a final rulemaking Office of Regulatory Affairs, Department manatee protection areas is already in and will refine this proposal if and of the Interior, Room 7229, 1849 C place in each of the proposed manatee when appropriate. Accordingly, the Street, NW., Washington, DC 20240. refuges. Thus, the proposed rule will final decision may differ from this You may e-mail your comments to the have only an incremental effect. As proposal. following address: [email protected]. discussed below, the net economic impact is not expected to be significant, Public Hearings Required Determinations but cannot be monetized given available We have scheduled three formal Regulatory Planning and Review information. public hearings to receive oral In accordance with the criteria in The economic impacts of this rule comments on the proposed Federal Executive Order 12866, this rule is not would be due to the changes in speed manatee protection areas. Each hearing a significant regulatory action. The zone restrictions in the proposed will run from 6:30 p.m. to 9 p.m. These Office of Management and Budget manatee refuge areas. These speed zone hearings will afford the general public makes the final determination under changes are summarized below. and interested parties an opportunity to Executive Order 12866. In Lee County, in the Caloosahatchee hear information and make formal a. This proposed rule will not have an River area, the designation of the comments. annual economic impact of over $100 proposed Caloosahatchee-San Carlos Formal public hearings will be held at million or adversely affect an economic Bay Manatee Refuge would result in the the following locations: sector, productivity, jobs, the following changes: Tuesday, May 13, in Ft. Myers, FL, at environment, or other units of • The portion of the channel the Harborside Convention Hall, 1375 government. A cost-benefit analysis is upstream of the Edison Bridge (to Monroe St. not required. It is not expected that any Beautiful Island) would change from a Wednesday, May 14, in Daytona Beach, significant economic impacts would 40 km per hour (25 mph) limit to FL, at the Ocean Center, 101 N. result from the establishment of three seasonal slow speed (i.e., 6.4 to 12.9 km Atlantic Ave. manatee refuges (approximately 185 per hour (4 to 8 mph) depending on hull Thursday, May 15, in Jacksonville, FL, river km (115 river miles)) in five design) from November 15 to March 31. at The University Center, University counties in the State of Florida. • The portion of the channel 152 of North Florida campus, 4567 St. The purpose of this rule would be to meters (500 feet) east and west of the Johns Bluff Rd. South. establish three manatee protection areas Edison/ Caloosahatchee Bridge complex Persons needing reasonable in Florida. The three areas are located would change from 40 km per hour (25 accommodations in order to attend and in the Caloosahatchee River in Lee mph) to slow speed year-round. participate in the public hearing should County, the St. Johns River in Duval, • Between the Edison/Caloosahatchee contact Chuck Underwood of the Clay and St. Johns Counties, and the Bridge complex and Cape Coral Bridge, Jacksonville Field Office at 904/232– Halifax River and Tomoka River in shoreline buffers would change from 2580, extension 109, or via e-mail to Volusia County. We are proposing to slow speed within 0.4 km (0.25 mile) of [email protected], as soon as reduce the level of take of manatees by shore to variable width, approximating possible. In order to allow sufficient controlling certain human activity in within 91 meters (300 feet) of the time to process requests, please call no these three areas. For the three manatee marked navigation channel at varying later than one week before the hearing. refuges, the areas would be year-round locations. This change eliminates two Written comments submitted during slow speed with certain site-specific unprotected shoreline areas along the the comment period receive equal exceptions, including 40 km per hour north shore at and below the Edison/ consideration with those comments (25 mph) in most channels. Affected Caloosahatchee Bridge complex. presented at a public hearing. waterborne activities would include • The shore to shore, channel- transiting, cruising, water skiing, included buffer, 152 meters (500 feet) Clarity of the Rule fishing, and the use of all water east and west of Cape Coral Bridge Executive Order 12866 requires each vehicles. This rule could result in would change from 40 km per hour (25 agency to write regulations/notices that impacts on recreational boaters, mph) year-round to slow speed year- are easy to understand. We invite your commercial charter boats, and round. comments on how to make this commercial fishermen, primarily in the • Between the Cape Coral Bridge and proposed rule easier to understand, form of restrictions on boat speeds in the Shell Island Manatee Refuge, the including answers to questions such as specific areas. We could experience slow speed, shoreline buffer, year-round the following: (1) Are the requirements increased administrative costs due to would change from 0.4 km (0.25 mile) in the proposed rule clearly stated? (2) this proposed rule. In addition, the rule in width to a variable width, generally Does the proposed rule contain would be expected to produce economic approximating within 91 meters (300 unnecessary technical language or benefits for some parties as a result of feet) of the marked navigation channel jargon that interferes with the clarity? increased manatee protection and at varying locations. The channel is (3) Does the format of the proposed rule decreased boat speeds in the manatee included in portions of this area, (grouping and order of sections, use of refuge areas. between channel markers ‘‘72’’ and headings, paragraphing, etc.) aid or Regulatory impact analysis requires ‘‘82.’’ reduce its clarity? (4) Is the description the comparison of expected costs and • The area to the west of the Shell of the proposed rule in the benefits of the proposed rule against a Island Manatee Refuge, south of the SUPPLEMENTARY INFORMATION section of ‘‘baseline,’’ which typically reflects the Intracoastal Waterway, north of the the preamble helpful in understanding regulatory requirements in existence Sanibel Causeway, to a line extending the proposed rule? (5) What else could prior to the rulemaking. For purposes of southwest from the southern tip of we do to make the proposed rule easier this analysis, the baseline assumes that Merwin Key, would change from to understand? we take no additional regulatory actions unregulated to slow speed year-round.

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Speed zones have been in existence in widths to the channel. The greatest year-round outside the channel, 40 km the Caloosahatchee River since 1979. width of the shoreline buffer in this area per hour (25 mph) within the channel. Since 1989, almost all of the near shore is approximately 1.6 km (1 mile). • The waters within Ponce Inlet and waters of the Caloosahatchee have been In Volusia County, for the Halifax and adjacent waterbodies would change under a slow speed restriction year- Tomoka Rivers Manatee Refuge from variable zones with 48 km per round. The proposed Caloosahatchee including the Halifax River and hour (30 mph) within the channel to River Manatee Refuge would affect tributaries (including Halifax Creek and year-round, slow speed shoreline to approximately 35.4 km (22 river miles) the Tomoka River Complex), the Ponce shoreline zones outside of marked overall. For the most part, the proposed Inlet area, and North, the channels (except for maintenance of the regulation would widen existing slow proposed rule would result in the existing seasonal slow speed zone in the speed areas by varying widths, following changes from current speed headwaters of Spruce Creek), including dependent upon various factors. The restrictions: 40 km per hour (25 mph) within the greatest width of the affected area is • The channel in Halifax Creek would marked channels. The existing 48 km approximately 2.4 km (1.5 miles), along change to 40 km per hour (25 mph) from per hour (30 mph) limit within Ponce the western shore north of Fourmile Inlet would remain unchanged. 48 km per hour (30 mph) (40 km per • Point. hour (25 mph) at night). The waters within the Indian River In Duval, Clay, and St. Johns The two reaches of the Tomoka River North, running north to south along the Counties, in the St. Johns River and upstream of U.S. Highway 1, where the eastern shore of the river immediately tributaries (including Doctor’s Lake), the speed restriction was 40 km per hour south of Ponce Inlet would change from proposed designation of the Lower St. (25 mph) for part or all of the year, 48 km per hour (30 mph) to slow speed. Overall, the Halifax River and Johns River Manatee Refuge would would change to a year-round slow Tomoka River Manatee Refuge would result in the following changes from the speed restriction. affect approximately 85 km (53 miles) of current speed restrictions: • In the Halifax River from the • In the downtown Jacksonville area, Volusia County’s waterways. The Tomoka River Basin and the southern between Reddie Point and the Main majority of the changes would include extent of Halifax Creek to Seabreeze Street Bridge, slow speed zones would extending the shoreline buffers within Bridge, the 91-meter (300-foot) slow be extended out to the channel from 91 the Halifax River from 91 meters (300) speed shoreline buffer would be to 274 meter (300- to 900-foot) shoreline to 305 meters (1,000 feet). Given the extended to 305 meters (1,000 feet), and buffers. The channel would be changed confusing nature of the existing State the speed limit would change from 48 from unrestricted speed to a 40 km per restrictions in this area, the overall hour (25 mph) limit. km per hour (30 mph) (40 km per hour impact of the proposed changes would • Between the Main Street Bridge and (25 mph) at night) outside the buffer and be to make the speed restrictions more the Fuller Warren Bridge, slow speed marked navigation channel to 40 km per consistent and clear. shoreline buffers would change from hour (25 mph). In addition to speed zone changes, the • variable width, slow speed (currently In the vicinity of the Granada proposed rule would no longer allow for variable width along the western and Bridge, the current shore to shore, the speed zone exemption process in northern shore and 183 meters (600 feet) channel-included buffer, 152 meters place under State regulations. Currently, on the eastern shore) to bank to bank, (500 feet) north and 305 meters (1,000 Florida’s Manatee Sanctuary Act allows channel included, slow speed. feet) south of the SR 40 Bridge (Granada the State to provide exemptions from • South of the Fuller Warren Bridge Bridge) would change from a 91-meter speed zone requirements for certain to the southern bank of the mouth of (300-foot) slow speed buffer (56 km per activities, including fishing and events Julington Creek (St. Johns County) on hour (35 mph) outside of buffer) to slow such as high-speed boat races. Under the eastern shore and to the mouth of speed. State law, commercial fishermen and Peter’s Creek (Clay County) along the • The area between Seabreeze and professional fishing guides can apply for western shore, slow speed shoreline Channel Marker ‘‘40’’ would change permits granting exemption from speed buffers would change from variable from slow speed channel included zone requirements in certain counties. width (152 meters (500 feet) from shore (excepting a watersports area south of However, speed zone exemptions have or 61 meters (200 feet) from the end of Seabreeze Bridge) to slow speed channel not been authorized in most of the areas docks) to 305 meters (1,000 feet), included (including the watersports area affected by the proposed rule. Speed minimum. Boat speed remains south of Seabreeze Bridge). zone exemption permits for commercial unregulated outside of the buffer. • The shoreline buffers in the Halifax fishing and professional fishing guides • In Doctors Lake and Inlet, slow River from Channel Marker ‘‘40’’ to the are not available for affected areas in speed shoreline buffers would be Dunlawton Bridge would change from Duval County, coastal Volusia County, extended from variable width (152 91 meters (300 feet) to 305 meters (1,000 and in the Caloosahatchee River (except meter (500 feet) minimum or 61 meters feet). The speed limit would change along a small portion of San Carlos Bay/ (200 feet) beyond docks), to a 274 meter from 48 km per hour (30 mph) (40 km Matlacha Pass, at the mouth of the river) (900-foot) minimum buffer along both per hour (25 mph) at night) outside the (FWCC, 2003g). Exceptions to these shorelines. buffer and marked navigation channel to proposed Federal speed zones would Overall, the proposed St. Johns River 40 km per hour (25 mph). require a formal rulemaking (including Manatee Refuge would affect • The shore to shore, channel- publishing the proposed rule in the approximately 66 km (41 miles) of the included buffer, 152 meters (500 feet) Federal Register, public review, and St. Johns River and adjacent waters. In north and south of the Dunlawton comment) prior to the Service making a areas upstream of the Fuller Warren Bridge would change from a 91-meter final decision. Based on available Bridge, newly protected areas would (300-foot) slow speed buffer 56 km per information, there have been very few include extending existing slow speed hour (35 mph outside of buffer) to slow events permitted in the affected areas in areas out an additional 91 to 152 meters speed. Waters between the Dunlawton the past 5 years (Service, 2003c; Lee (300 to 500 feet). Downstream of the Bridge and Ponce Inlet will change from County, 2003). Therefore, the lack of a Fuller Warren Bridge, shoreline buffers variable zones with 48 km per hour (30 process for speed zone exemptions is would be extended from their variable mph) within the channel to slow speed not likely to have much impact.

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In order to gauge the economic effect providing a willingness to pay for estimating these benefits, the magnitude of this proposed rule, both benefits and manatee protection for a specific region of these benefits is unknown. costs must be considered. Potential or for the entire manatee population in Economic Costs economic benefits related to this rule the State of Florida. While neither of would include increased manatee these studies are specific enough to The economic impact of the protection and tourism related to apply to this proposed rule, they designation of three manatee protection manatee viewing, increased property provide an indication that the public areas would result from the fact that in values, increased boater safety, holds substantial value for the certain areas, boats will be required to increased fisheries health, and protection of the manatee. go slower than under current decreased seawall maintenance costs. Another potential economic benefit is conditions. As discussed above, an Potential economic costs are related to increased tourism that could result from extensive system of manatee speed increased administrative activities an increase in manatee protection. To zones promulgated by the State exists in related to implementing the rule and the extent that some portion of Florida’s each of the areas covered under this affected waterborne activities. Economic tourism is due to the existence of the rule. The rule would add to these areas costs will be measured primarily by the manatee in Florida waters, the by extending shoreline buffers and number of recreationists who use protection provided by this rule may reducing speed limits slightly in some alternative sites for their activity or have result in an economic benefit to the channels. Some impacts may be felt by a reduced quality of the waterborne tourism industry. We are not able to recreationists who would have to use activity experience at the designated make an estimate of this benefit given alternative sites for their activity or who sites. In addition, there may be some available information. would have a reduced quality of the waterborne activity experience at the impact on commercial fishing because Florida waterfront property owners designated sites because of the proposed of the need to maintain slower speeds may benefit from manatee protection rule. For example, the extra time in some areas. While the State of Florida areas such as the three proposed required for anglers to reach fishing has 19,312 km (12,000 miles) of rivers manatee refuges. Bell and McLean grounds could reduce onsite fishing and 1.21 million hectares (3 million (1997) showed that speed zone time and could result in lower acres) of lakes, this rule would affect enforcement may provide an economic consumer surplus for the trip. Other less than 185 km (115 river miles). The benefit to adjacent landowners. Bell and impacts of the rule may be felt by extension of slower speed zones as McLean studied the impact of posted proposed in this rule would not be commercial charter boat outfits, manatee speed zones on the property commercial fishermen, and agencies expected to affect enough waterborne values of waterfront homes in Fort activity to create a significant economic that perform administrative activities Lauderdale, Broward County, Florida. related to implementing the rule. impact (i.e., an annual impact of over The authors found a strong relationship $100 million). between property values and slow speed Affected Recreational Activities Economic Benefits zones, and found evidence that slow For some boating recreationists, the We believe that the designation of the speed zones may have a positive impact inconvenience and extra time required three manatee refuges proposed in this on home sale price. Slow speed zones to cross additional slow speed areas rule would increase the level of manatee were found to correlate with as much as may reduce the quality of the protection in these areas. Two studies a 15 to 20 percent increase in sale price, waterborne activity, or cause them to have examined the public’s willingness although this result has not been forgo the activity. This will manifest in to pay for protection of the manatee corroborated by other studies. The a loss of consumer surplus to these (Bendle and Bell, 1995; Fishkind & authors speculated that speed zones recreationists. In addition, to the extent Associates, 1993). Based on these may increase property values by that recreationists forgo recreational contingent valuation studies, it is reducing noise and fast traffic, as well activities, this could result in some believed that there is large public as making it easier for boats to enter and regional economic impact. In this support for manatee protection leave primary waterways. In each of the section, we examine the waterborne regulations such as this proposed rule. three manatee refuge areas there are activities taking place in each area and It is difficult to apply the results of stretches of river where residential the extent to which they may be affected these studies to this proposed rule, property owners may experience these by designation of the proposed manatee because neither study measures an benefits. refuge. The resulting potential economic impact similar to that associated with In addition, due to reductions in boat impacts are discussed below for each this rulemaking. For example, the wake associated with speed zones, manatee refuge area. These impacts Fishkind study was designed to gauge property owners may experience some cannot be quantified because the the economic impact of the Florida economic benefits related to decreased number of recreationists and anglers Manatee Sanctuary Act. First, the expenditures for maintenance and using the designated sites is not known. estimates of economic benefit are repair of shoreline stabilization Caloosahatechee River Area: In the predicated on a different baseline in structures (i.e., seawalls along the proposed Caloosahatchee River Manatee terms of both the manatee population water’s edge). Speed reductions may Refuge, affected waterborne activities being protected at that time versus now also result in increased boater safety. include transiting, fishing, sailing, and the regulatory conditions in Another potential benefit of slower waterskiing, and personal watercraft existence, such as current manatee speeds is that fisheries in these areas use. The number of registered protection areas. Second, the Fishkind may be more productive because of less recreational vessels in Lee County in study is not clear about the type and disturbance. These types of benefits 2002 was 45,413 (Division of Highway extent of manatee protection. The study cannot be quantified with available Safety and Motor Vehicles, 2003). Based does not clearly state if protection refers information. on aerial surveys and boat traffic simply to the establishment of speed Based on previous studies, we believe surveys conducted in 1997 and 1998, zones, or whether implementation and that this rule would produce some the highest number of vessels observed enforcement are included. Nor does the economic benefits. However, given the on the Caloosahatchee River sites on a study clearly state whether residents are lack of information available for given day was 477 vessels. Based on

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aerial, boat traffic, and boater either to go to alternative sites such as minutes (one way). The proposed compliance surveys of the San Carlos Bay or Pine Island Sound or designation will cause some Caloosahatchee River, over 60 percent of to forgo the activity. The amount of inconvenience in travel time, but vessels observed were small added travel time to get to an alternative alternative sites within the proximity of powerboats, while less than seven site will depend on the origin of the trip proposed designated areas are available percent were personal watercraft (e.g., and whether the trip originates from a for all waterborne activities. Because the jet skis) (Gorzelany, 1998). Waterskiing dock or a ramp. For example, ramp designated areas are part of larger and personal watercraft use in the users may choose to trailer their boats waterbodies where large areas remain Caloosahatchee primarily occurs to a different location, closer to the unrestricted, the impact of the proposed between the Caloosahatchee and Cape alternative site and may experience designation on recreational waterborne 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 proposed rule, travel time on adjacent waterbodies will be limited. access areas where personal watercraft the 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 un-designated 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 proposed Halifax River and consumer surplus for the trip. The who will use alternative sites or forgo Tomoka River Manatee Refuge, affected number of anglers on the recreational activities is unknown, but it waterborne activities include fishing, Caloosahatchee, and their origins and is not expected to be a large enough traveling, cruising, waterskiing, and destinations are currently unknown. number to result in a significant personal watercraft use. Based on a One study indicates that approximately economic impact. boating activity study that relied on a 70 percent of the boat traffic on the variety of survey mechanisms, the two St. Johns River Area: In the proposed Caloosahatchee originates from the Cape most popular activities in the St. Johns River Manatee Refuge, the Coral Canal system (FWCC, 2002). Intracoastal Waterway in Volusia affected recreational waterborne Another boat traffic survey indicated County were recreational fishing and activities are likely to include cruising, that the majority of boat traffic exits the traveling (Volusia County fishing, and waterskiing. Based on a Caloosahatchee River in the morning Environmental Management Services, survey of boat ramp users in Duval and enters the river in the afternoon. 1996). Recreationists engaging in fishing County, these three activities were the The majority of vessels leaving the or traveling are unlikely to experience most popular reasons cited as the Caloosahatchee River travel south much impact due to the proposed primary purpose of the trip. toward the Sanibel Causeway and Gulf regulation. Rather, these boaters will be of Mexico. Approximately 94 percent of Recreational fishing was cited as the able to utilize the channel for transiting vessel traffic on the Caloosahatchee was primary purpose by 62 percent of those the river or moving to the next fishing reported as ‘‘traveling,’’ while less than surveyed, while cruising was cited by ground. The two most popular one percent was engaged in ‘‘skiing’’ 19 percent and waterskiing was cited by destinations are the based on boater compliance 7 percent (Jacksonville University, and the Ponce Inlet area (Volusia observations at 10 sites along the 1999). The total number of recreational County Environmental Management, Caloosahatchee River (Gorzelany, 1998). vessels registered in Duval, Clay, and St. 2002). Recreationists engaging in fishing Based on these trends, it appears that Johns counties in 2002 is 57,388 or traveling may experience some most recreational waterborne activity on (Division of Highway Safety and Motor inconvenience by having to go slower or the Caloosahatchee River will be Vehicles, 2003). The portion of these use marked channels; however, small affected by the proposed manatee vessels using the St. Johns River area changes in boater behavior due to the refuge. While the proposed designation covered by the proposed designation is extension of slow speed zones should will cause an increase in travel time, it unknown. Recreational fishing for bass, not result in a significant economic is unlikely that the increase will be great redfish, sea trout, croaker, and flounder, impact. enough to cause a significant economic as well as shrimping with nets, are For the Tomoka River, the primary dislocation. Much of the boat traffic on popular activities in the near shore activity that will be affected by the the Caloosahatchee likely originates waters of the St. Johns River south of the designation is waterskiing. A ski club from the Cape Coral Canal system Fuller Warren Bridge. Because the uses the river in an area currently (FWCC, 2002), and would experience submerged aquatic vegetation near shore designated at 40 km per hour (25 mph). added travel time of approximately 25 provides food, and docks provide Under the proposed designation, this minutes (from Cape Coral Bridge to protection for the fish, this is where the will be changed to slow speed. The Sanibel Causeway) for a trip that fishing activity primarily takes place nearest alternative site where these currently lasts 50 minutes. At most, a (FWCC, 2003c). Because recreational recreationists can water ski is at least 11 boat traveling from Beautiful Island to fishing is likely occurring primarily in to 16 km (7 to 10 miles) away (Volusia the Sanibel Causeway will experience existing slow speed areas, the extension County, 2003). It is estimated that the added travel time of 40 minutes to 1 and of slow speed zones out 152 meters (500 on-the-water travel time for the skiers to a half hours (depending on time of the feet) further will not have a significant reach the nearest alternative site could year) due to the proposed designation; effect. Recreationists engaging in fishing be up to 21⁄2 hours. The proposed currently this trip would take or cruising are unlikely to experience regulation may cause some water skiers approximately 1 and one-quarter hours. much impact due to the proposed to forgo this activity, or may reduce the The small percentage of recreational regulation. The expanded/extended quality of their experience. The number boaters using the river for waterskiing or buffers are not expected to increase of skiers that may be affected and the personal watercraft use will choose travel times by any more than about 8 number of trips per year are not

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currently known. With additional may forgo the activity. The economic One industry in particular that may be information on the number of affected impact associated with these changes on affected by the proposed rule is the blue individuals, we could estimate the demand for goods and services is not crab fishery, which represents a sizeable impact of lost or diminished skiing days known. However, given the number of industry in the State of Florida. Based given the value of a waterskiing day recreationists potentially affected, and on a study done for the Florida Fish and published in the literature. One study the fact that alternative sites are Wildlife Commission, Division of by Bergstrom and Cordell (1991) available, it is not expected to amount Marine Fisheries (Murphy et al., 2001), suggested the lost surplus value may be to a significant economic impact. between 1986 and 2000 the average $38/day (2002$) for a day of annual catch statewide was 6.4 million Affected Commercial Charter Boat waterskiing. They applied a multi- kilograms (14.1 million pounds) (39.7 Activities community, multi-site travel cost model million crabs). However, year to year to estimate demand equations for 37 Various types of charter boats use the fluctuation is significant, including outdoor recreational activities and trip waterways in the affected counties, highs of 8.2 million kilograms (18 values, including water skiing. The primarily for fishing and nature tours. million pounds) statewide in 1987 and analysis was based on nationwide data The number of charter boats using the 1996 and a low of 2.5 million kilograms from the Public Area Recreational Caloosahatchee, Halifax, and St. Johns (5.5 million pounds) statewide in 1991. Visitors Study collected between 1985 Rivers, and their origins and In the last 3 years, blue crab landings and 1987 and several secondary sources. destinations are currently unknown. For have been depressed throughout the In the Halifax River, one of the nature tours, the extension of slow East Coast and Gulf of Mexico, though activities that may be affected by the speed zones is unlikely to cause a specific reasons for this are unknown at proposed designation is personal significant impact, because they are this time (FWCC, 2003d). Landings in watercraft (PWC) use. These activities likely traveling at slow speeds. The 2001 were approximately 3.4 million are primarily taking place in the extra time required for commercial kilograms (7.4 million pounds) recreational zones located south of the charter boats to reach fishing grounds statewide. Based on a 2001 weighted Seabreeze Bridge and north of the could reduce onsite fishing time and average price of $1.06 per 0.5 kilograms Dunlawton Bridge. PWC likely represent could result in fewer trips. The fishing (pound) of crab, this represents just a very small portion of vessels on the activity is likely occurring at a slow under $8 million (FWCC: FMRI, 2003). Intracoastal Waterway in Volusia speed and will not be affected. In the Data from 2001 on marine fisheries County. Based on a boating activity Caloosahatchee and St. Johns Rivers, landings from FWCC: FMRI is study from 1994 to 1995, less than two fishing charters may experience some preliminary and subject to revision. percent of observations in the impact from the extension of slow speed Caloosahatchee River Area: Lee Intracoastal Waterway area were PWCs zones, depending on their origins and County, where the proposed (based on 12,000 observations during destinations. Added travel time may Caloosahatchee River Manatee Refuge is aerial, boat ramp and shoreline, and affect the length of a trip, which could located, had 157 licensed blue crab boat mailing surveys) (Volusia County result in fewer trips overall, creating an operators in 2001 (FWCC: FMRI, 2003). Environmental Management Services, economic impact. In the Halifax River, Crabbing in the Caloosahatchee is likely 1996). The number of pleasure PWC in it is likely that most fishing charters are to be impacted by the extension of slow Volusia County in 2000 was 2,432, with heading offshore or to the Mosquito speed areas because crab boats may 204 rental PWC (FWCC, 2000a). The Lagoon, and will experience little have to travel at slower speeds between nearest alternative site for using impact from the proposed rule (Volusia crab pots, thereby potentially reducing personal watercraft is near the County, 2003). the number of crabs landed on a daily Dunlawton Bridge, where an area Affected Commercial Fishing Activities basis. For example, to the extent that remains unrestricted between the crab boat operators frequently change channel and the shoreline buffer, or in Several commercial fisheries may fish pot locations in search of optimal the Ponce Inlet vicinity, approximately experience some impact due to the fishing grounds, this activity could be 20 km (12.5 miles) downriver. Under proposed regulation. Specifically, the affected by extension of existing slow the proposed rule, travel time from the blue crab fishery and, to a lesser extent, speed zones (FWCC, 2003a). The Daytona Beach watersports area (south mullet fishing, along the Caloosahatchee extension of slow speed zones will of Seabreeze Bridge) to the Ponce Inlet River; the crab and shrimp industries in likely cause fishermen to have to travel area would be approximately one hour. the St. Johns River; and the crab and out to the channel and back rather than Added travel time to reach alternative mullet fishing industries in Volusia travel in direct lines across and sites would depend on the origin of the County may experience some economic throughout the river. The affected trip, which is currently unknown. The impact. To the extent that the proposed crabbing area in the Caloosahatchee proposed regulation may cause some regulation establishes additional speed River is approximately 27 km (17 miles) personal watercraft users to forgo this zones in commercial fishing areas, this long (from the Edison Bridge to Merwin activity, or may reduce the quality of may increase the time spent on the Key in San Carlos Bay) and just under their experience. The number of PWC fishing activity, affecting the efficiency 2.4 km (1.5 miles) wide at its widest users that may be affected and the of commercial fishing. While limited point. number of trips per year are not data are available to address the size of In 2001, blue crab landings in Lee currently known. To the extent that the commercial fishing industry in the County were 175,805 kilograms these recreationists choose to forgo the proposed manatee refuges, county-level (387,585 pounds), and the weighted activity, this could also impact local data generally provide an upper bound average price was $1.06 per 0.5 businesses that rent personal watercraft. estimate of the size of the industry and kilograms (pound) for blue crab Currently, not enough data are potential economic impact. This section statewide. The entire value of the blue available to estimate the loss in first provides some background on the crab fishery in Lee County is estimated consumer surplus that water skiers in blue crab industry in Florida, and then to be $411,167 (FWCC: FMRI, 2003). the Tomoka River or PWC users in the addresses the impact of the proposed Only a small portion of this value is Halifax River will experience. While rule on the commercial fishing industry likely to be affected, as the activity will some may use substitute sites, others for each manatee refuge area. still occur but with some changes due

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

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proposed manatee refuge area along the on commercial fisheries in these affected by this rule. The distance that Halifax River stretches from the Flagler- counties in the unlikely event that the recreationists may have to travel to Volusia County line in Halifax Creek fisheries would be entirely shut down, reach an un-designated area varies. past the Ponce de Leon Inlet to the which is not the situation associated Waterskiers in the Tomoka River will South Causeway Bridge (New Smyrna with this rule. likely experience the greatest Beach), a distance of approximately 43.5 inconvenience in terms of added travel Agency Administrative Costs km (27 miles). The waterbody ranges time, as travel to the nearest alternative from 0.5 km (0.3 miles) to just over 1.6 The cost of implementing the rule has site would take approximately 21⁄2 km (1 mile) in width. The manatee been estimated based on historical hours. The regulation will likely impact refuge also includes tributaries and river expenditures by the Service for manatee some portion of the charter boat and basins of varying length and width. The refuges and sanctuaries established commercial fishing industries in these number of fishing boats operating and previously. The Service expects to areas as well. The inconvenience of the amount of blue crab and mullet spend approximately $600,000 (2002$) having to go somewhat slower outside landings occurring in areas that will be for posting and signing 15 previously of marked channels may result in newly designated speed zones under designated manatee protection areas. changes to commercial and recreational this proposed rule is unknown. This represents the amount that the behavior, resulting in some regional There were 128 licensed blue crab Service will pay contractors for creation economic impacts. Given available operators in Volusia County in 2001. In and installation of manatee signs. While information, the net economic impact of 2001, based on blue crab landings in the number and location of signs needed designating the three manatee refuges is Volusia County of 230,577 kilograms to post the proposed manatee refuges is not expected to be significant (i.e., an (508,337 pounds), and the weighted not known, the cost of manufacturing annual economic impact of over $100 average price of $1.06 for blue crab and posting signs to delineate the million). While the level of economic statewide, the value of the blue crab manatee refuges proposed in this rule benefits that may be attributable to the fishery in Volusia County is estimated are not expected to exceed the amount manatee refuges is unknown, these to be $539,266 (FWCC: FMRI, 2003). In being spent to post previously benefits would cause a reduction in the 2001, based on mullet landings in designated manatee protection areas economic impact of the rule. Volusia County of 188,675 kilograms (Service, 2003a). In addition, the Service b. The precedent to establish manatee (415,958 pounds), and the weighted anticipates that it will spend $1.7 protection areas has been established average price of $0.66 for mullet million (2002$) for enforcement of primarily by State and local statewide, the value of the mullet newly designated manatee refuges governments in Florida. We recognize fishery in Volusia County is estimated annually. These costs are overstated the important role of State and local to be $272,591 (FWCC: FMRI, 2003). because they represent the cost of partners and continue to support and Only a small portion of these values is enforcing 13 new manatee refuges and encourage State and local measures to likely to be affected, as the crabbing and sanctuaries designated earlier on improve manatee protection. We are fishing activities will still occur but November 8, 2002, as well as the 3 proposing to designate areas where with some changes due to additional manatee refuges included in this rule. existing State and local designations are speed zones. In addition, crabbing and The costs of enforcement include hiring considered minimal protection and mullet fishing occur in parts of Volusia and training five new law enforcement where existing designations are County outside of the proposed manatee agents and two special agents, and the confusing and/or unenforceable. refuge area, including Mosquito Lagoon, associated training, equipment, upkeep c. This rule will not materially affect St. Johns River, , etc. (Ponce and clerical support (Service, 2003b). entitlements, grants, user fees, loan Inlet Authority, 2003). The county-wide Finally, there may be some costs for programs, or the rights and obligations figures provide an upper bound estimate education and outreach to inform the of their recipients. Minimal restriction of the economic impact on these public about these new manatee refuge to existing human uses of the proposed fisheries; this would assume that the areas. sites would result from this rule, but the proposed regulation closed down the While the State of Florida has 19,312 restriction is believed to enhance entire fishery, which is not the case. km (12,000 miles) of rivers and 1.21 manatee viewing opportunities. No Given available data, the impact on hectares (3 million acres) of lakes, the entitlements, grants, user fees, loan the commercial fishing industry of proposed rule will affect less than 185 programs or the rights and obligations extending slow speed zones in portions kilometers (115 river miles). The speed their recipients are expected to occur. of the Caloosahatchee, St. Johns, and restrictions on approximately 185 km d. This rule will not raise novel legal Halifax Rivers cannot be quantified. The (115 miles) proposed as manatee refuges or policy issues. We have previously proposed designation will likely affect in this rule will cause inconvenience established other manatee protection commercial fishermen by way of added due to added travel time for areas. travel time, which may result in an recreationists and commercial charter economic impact. However, because the boats and fishermen. As a result, the Regulatory Flexibility Act proposed manatee refuge designations rule will impact the quality of Under the Regulatory Flexibility Act will not prohibit any commercial fishing waterborne activity experiences for (as amended by the Small Business activity, and because there is a channel some recreationists, and may lead some Regulatory Enforcement Fairness Act available for boats to travel up to 40 km recreationists to forgo the activity. The (SBREFA) of 1996), whenever a Federal per hour (25 mph) in most affected extension of existing State speed zones agency is required to publish a notice of areas, it is unlikely that the proposed for 185 km (115 miles) is not expected rulemaking for any proposed or final rule will result in a significant economic to affect waterborne activity to the rule, it must prepare and make available impact on the commercial fishing extent that it would have a significant for public comment a regulatory industry. It is important to note that in economic impact. The proposed rule flexibility analysis that describes the 2001, the total annual value of does not prohibit recreationists from effect of the rule on small entities (i.e., potentially affected fisheries is participating in any activities. small businesses, small organizations, approximately $8.3 million (2001$); this Alternative sites are available for all and small government jurisdictions) (5 figure represents the economic impact waterborne activities that may be U.S.C. 601 et seq.). However, no

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regulatory flexibility analysis is required Because the only restrictions on is not available, we examined county- if the head of an agency certifies that the recreational activity result from added level earnings for industries potentially rule will not have a significant travel time, and alternative sites are impacted by the proposed designation. economic impact on a substantial available for all waterborne activities, We further analyzed county business number of small entities. Thus, for a we believe that the economic effect on patterns data to examine the numbers of regulatory flexibility analysis to be small entities resulting from changes in establishments in the affected counties required, impacts must exceed a recreational use patterns will not be that have a small number of employees. threshold for ‘‘significant impact’’ and a significant. The economic effects on As stated above, economic impacts are threshold for a ‘‘substantial number of small business resulting from this rule believed to be minor and mostly will small entities.’’ See 5 U.S.C. 605(b). are likely to be indirect effects related to not interfere with the existing operation SBREFA amended the Regulatory reduced demand for goods and services of small businesses in the affected Flexibility Act to require Federal if recreationists choose to reduce their counties. agencies to provide a statement of the level of participation in waterborne factual basis for certifying that a rule activities. Similarly, because the only Selected economic characteristics of will not have a significant economic restrictions on commercial activity the five affected counties are shown in impact on a substantial number of small result from the inconvenience of added Table 1. As demonstrated in the table, entities. This section presents a travel time, and boats can continue to all counties except St. Johns have a screening level analysis of the potential travel up to 40 km per hour (25 mph) lower per capita income than the State effects of the proposed designation of in marked channels in most areas, we average. Growth in total personal three manatee protection areas on small believe that any economic effect on income is slower than the statewide entities. We certify that this rule will small commercial fishing or charter boat average in Duval, Lee, and Volusia not have a significant economic effect entities will not be significant. Also, the counties. St. Johns County greatly on a substantial number of small entities indirect economic impact on small exceeds the statewide average in growth as defined under the Regulatory businesses that may result from reduced in both total and per capita personal Flexibility Act (5 U.S.C. 601 et seq.). An demand for goods and services from income. For all five counties, the initial/final Regulatory Flexibility commercial entities is likely to be services sector represents the industry Analysis is not required. Accordingly, a insignificant. Based on an analysis of with the greatest earnings. The Small Entity Compliance Guide is not public comment, further refinement of proportion of industry earnings required. the impact on small entities may be attributable to amusement and In order to determine whether the rule possible. recreation (a subcategory of the services will have a significant economic effect In order to determine whether small industry potentially impacted by the on a substantial number of small entities will be affected significantly, we rule) was relatively low for each county, entities, we utilize available information examined county-level earnings data. ranging from one to five percent of total on the industries most likely to be We compared personal income data for industry earnings. As a result, a small affected by the proposed designation of the counties potentially affected to impact to the recreation sector is three manatee refuges. Currently no statewide averages to provide some unlikely to have a significant effect on information is available on the specific background information about each county-level income. Similarly, the number of small entities that are county’s economic situation. Because proportion of industry earnings related potentially affected. This rule will add specific information about earnings of to the fishing sector was less than 0.2 travel time to boating recreationists and small entities potentially affected (both percent for each county. Thus, a small commercial activities resulting from the total level and the amount of impact to the fishing sector is unlikely extension of existing speed zones. earnings potentially affected by the rule) to adversely affect county-level income.

TABLE 1.—ECONOMIC CHARACTERISTICS OF THE FIVE AFFECTED COUNTIES IN FLORIDA—2000

10-year Amusement and recre- Fishing industry Per 10-year annual Total ation industry earnings earnings capita annual Total Per- growth of earnings by Counties personal growth of sonal income total industry—all income per capita 2000 (000$) personal industries Thousands Percent Thousands Percent income 1 2000 ($) income 1 (000$) of $’s of total of $’s of total (percent) (percent)

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 (2) 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 1 Growth rates were calculated from 1990 and 2000 personal income data. 2 BEA has withheld this information in order to avoid disclosure of confidential information. 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/)

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

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• Non-classifiable establishments (NCE)

TABLE 2.—EMPLOYMENT CHARACTERISTICS OF THE FIVE AFFECTED COUNTIES IN FLORIDA—1997 [(includes SIC Codes 09, 44, 59, 79, and NCE 1]

Select SIC codes (includes SIC codes 09, 44, 59, 79, and NCE) 1 Total mid- Mid-March Total estab- March em- employ- 2 2 lishments No. of es- No. of es- No. of es- No. of es- Counties ployment ment (se- (all indus- Total estab- tablishments tablishments tablishments tablishments (all indus- lect SIC tries) lishments (1–4 em- (5–9 em- (10–19 em- (20+ em- tries) codes) ployees) ployees) ployees) 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 1 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. 2 Table provides the high-end estimate whenever the Census provides a range of mid-March employment figures for select counties and SIC codes. Source: U.S. Census County Business Patterns (http://www.census.gov/epcd/cbp/view/cbpview.html)

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

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Energy Supply, Distribution or Use meets the requirements of sections 3(a) PART 17—[AMENDED] (Executive Order 13211) and 3(b)(2) of the Order. 1. The authority citation for part 17 On May 18, 2001, the President issued Paperwork Reduction Act continues to read as follows: Executive Order 13211 on regulations that significantly affect energy supply, This regulation does not contain Authority: 16 U.S.C. 1361–1407; 16 U.S.C. collections of information that require 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– distribution, and use. Executive Order 625, 100 Stat. 3500; unless otherwise noted. 13211 requires agencies to prepare approval by the Office of Management Statements of Energy Effects when and Budget under 44 U.S.C. 3501 et seq. 2. Amend § 17.108 by adding undertaking certain actions. Because The regulation would not impose new paragraphs (c)(12) through (c)(14) as this rule is not a significant regulatory recordkeeping or reporting requirements follows: action under Executive Order 12866 and on State or local governments, individuals, businesses, or § 17.108 List of designated manatee it only requires vessels to proceed at protection areas. slow or idle speeds in 185 km (115 organizations. * * * * * miles) of waterways in Florida, it is not National Environmental Policy Act (c) * * * expected to significantly affect energy We have analyzed this rule in (12) The Caloosahatchee River—San supplies, distribution, and use. Carlos Bay Manatee Refuge. Therefore, this action is not a significant accordance with the criteria of the National Environmental Policy Act. (i) The Caloosahatchee River—San energy action and no Statement of Carlos Bay Manatee Refuge is described Energy Effects is required. This rule does not constitute a major Federal action significantly affecting the as all waters of the Caloosahatchee River Unfunded Mandates Reform Act quality of the human environment. A and San Carlos Bay downstream of the Seaboard Coastline trestle at Beautiful In accordance with the Unfunded draft environmental assessment has Island to Channel Marker ‘‘93’’ and from Mandates Reform Act (2 U.S.C. 1501 et been prepared and is available for Channel Marker ‘‘99’’ to the Sanibel seq.): review upon request by writing to the a. This rule will not ‘‘significantly or Field Supervisor (see ADDRESSES Causeway, in Lee County. A map uniquely’’ affect small governments. A section). showing the refuge and four maps showing specific areas in the refuge are Small Government Agency Plan is not Government-to-Government required. The designation of manatee at paragraph (12)(x) of this section. Relationship With Tribes (ii) From the Seaboard Coastline refuges imposes no substantial new Railroad trestle at Beautiful Island, obligations on State or local In accordance with the President’s downstream to a point 152 meters (500 governments. memorandum of April 29, 1994, b. This rule will not produce a ‘‘Government-to-Government Relations feet) east of the Edison Bridge, a Federal mandate of $100 million or with Native American Tribal distance of approximately 7.2 greater in any year, i.e., it is not a Governments’’ (59 FR 22951), E.O. kilometers (4.5 miles), watercraft are ‘‘significant regulatory action’’ under 13175 and 512 DM 2, we have evaluated required to proceed at slow speed in the the Unfunded Mandates Reform Act. possible effects on federally recognized marked navigation channel from Indian tribes and have determined that November 15 to March 31 and at not Takings there are no effects. more than 40 kilometers per hour (25 In accordance with Executive Order miles per hour) in the channel from 12630, this rule does not have References Cited April 1 to November 14. See map of significant takings implications. A A complete list of all references cited ‘‘Edison Bridge Area’’ in paragraph takings implication assessment is not in this proposed rule is available upon (12)(x) of this section. required. The proposed manatee request from the Jacksonville Field (iii) From a point 152 meters (500 protection areas are located over State- Office (see ADDRESSES section). feet) east of the Edison Bridge or privately-owned submerged bottoms. downstream to a point 152 meters (500 Author Any property owners in the vicinity will feet) west of the Caloosahatchee Bridge, have navigational access to and the The primary author of this document approximately 1.1 kilometers (0.7 mile) wherewithal to maintain their property. is Jim Valade (see ADDRESSES section). in length, shoreline-to-shoreline (including the marked navigation Federalism Authority channel), watercraft are required to In accordance with Executive Order The authority to establish manatee proceed at slow speed channel 13132, the rule does not have significant protection areas is provided by the included, year-round. See map of Federalism effects. A Federalism Endangered Species Act of 1973, as ‘‘Edison Bridge Area’’ in paragraph assessment is not required. This rule amended (16 U.S.C. 1531 et seq.), and (12)(x) of this section. will not have substantial direct effects the Marine Mammal Protection Act of (iv) From a point 152 meters (500 feet) on the State, in the relationship between 1972 (16 U.S.C. 1361–1407), as west of the Caloosahatchee Bridge the Federal Government and the State, amended. downstream to a point 152 meters (500 or on the distribution of power and feet) northeast of the Cape Coral Bridge, List of Subjects in 50 CFR Part 17 responsibilities among the various a distance of approximately 10.9 levels of government. We coordinated Endangered and threatened species, kilometers (6.8 miles), watercraft are with the State of Florida to the extent Exports, Imports, Reporting and required to proceed year-round at slow possible on the development of this recordkeeping requirements, speed, while traveling within shoreline proposed rule. Transportation. buffers extending out from the shore to a distance of approximately 91 meters Civil Justice Reform Proposed Regulation Promulgation (300 feet) from the marked navigation In accordance with Executive Order Accordingly, we propose to amend channel. In any location where the 12988, the Office of the Solicitor has part 17, subchapter B of chapter I, title distance from the shoreline to within determined that the rule does not 50 of the Code of Federal Regulations, approximately 91 meters (300 feet) of unduly burden the judicial system and as follows: the near side of the channel is less than

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0.4 kilometers (0.25 mile), the slow speed buffer will extend to the edge of operating between these buffers. See speed buffer will extend to the edge of the marked navigation channel. map of ‘‘Redfish Point Area’’ in the marked navigation channel. Watercraft are required to proceed at not paragraph (12)(x) of this section. Watercraft are required to proceed at not more than 40 kilometers per hour (25 (ix) From Channel Marker ‘‘99’’ to the more than 40 kilometers per hour (25 miles per hour) when operating in Sanibel Causeway, watercraft are miles per hour) throughout the year between these buffers. See map of required to proceed at slow speed year- between these buffers (including the ‘‘Redfish Point Area’’ in paragraph round in San Carlos Bay within the marked navigation channel). See map of (12)(x) of this section. ‘‘Cape Coral Bridge Area’’ in paragraph (vii) From Channel Marker ‘‘72’’ to following limits: a northern boundary (12)(x) of this section. Channel Marker ‘‘82’’ (in the vicinity of described by the southern edge of the (v) From a point 152 meters (500 feet) Redfish Point), for a distance of marked navigation channel, a line northeast of the Cape Coral Bridge approximately 3.1 kilometers (1.9 miles) approximately 2.9 kilometers (1.8 miles) downstream to a point 152 meters (500 in length, shoreline-to-shoreline in length; a southern boundary feet) southwest of the Cape Coral Bridge, (including the marked navigation described by the Sanibel Causeway a distance of approximately 0.4 channel), watercraft are required to (approximately 1.9 kilometers (1.2 kilometer (0.25 mile), shoreline-to- proceed at slow speed, year-round. See miles) in length); a western boundary shoreline (including the marked map of ‘‘Redfish Point Area’’ in described by a line that connects the navigation channel), watercraft are paragraph (12)(x) of this section. western end of the easternmost Sanibel required to proceed at slow speed, (viii) From Channel Marker ‘‘82’’ to Causeway island and extending channel included, year-round. See map Channel Marker ‘‘93,’’ a distance of northwest to the western shoreline of of ‘‘Cape Coral Bridge Area’’ in approximately 3.9 kilometers (2.4 miles) Merwin Key (approximately 3.1 paragraph (12)(x) of this section. in length, watercraft are required to kilometers (1.9 miles) in length); the (vi) From a point 152 meters (500 feet) proceed at slow speed year-round, when eastern boundary includes the western southwest of the Cape Coral Bridge to operating within shoreline buffers that limit of the State-designated manatee Channel Marker ‘‘72,’’ a distance of extend out to a distance of protection area (68C–22.005) near Punta approximately 1.9 kilometers (1.2 approximately 91 meters (300 feet) from Rassa (approximately 2.9 kilometers (1.8 miles), watercraft are required to the marked navigation channel. In any miles) in length). Speeds are proceed at slow speed year-round, location where the distance from the unrestricted in the channel and bay within shoreline buffers that extend out shoreline to within approximately 91 waters to the west of this area. See map to a distance of approximately 91 meters meters (300 feet) of the near side of the of ‘‘San Carlos Bay’’ in paragraph (12)(x) (300 feet) from the marked navigation channel is less than 0.4 kilometers (0.25 of this section. channel. In any location where the mile), the slow speed buffer will extend distance from the shoreline to within to the edge of the marked navigation (x) Five maps of the Caloosahatchee approximately 91 meters (300 feet) of channel. Watercraft are required to River—San Carlos Bay Manatee Refuge the near side of the channel is less than proceed at not more than 40 kilometers follow: 0.4 kilometers (0.25 mile), the slow per hour (25 miles per hour) when BILLING CODE 4310–55–P

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(13) The Lower St. Johns River (i) The Lower St. Johns River Manatee Johns River and adjacent waters in Manatee Refuge. Refuge is described as portions of the St. Duval, Clay, and St. Johns Counties

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from Reddie Point upstream to the sight extending west from Channel Lake in Clay County, slow speed, year- mouth of Peter’s Branch, including Markers ‘‘81’’ and ‘‘82’’ to the center round, along a 274-meter (900-foot) Doctors Lake, in Clay County on the span of the Main Street Bridge). See shoreline buffer (approximately 20.8 western shore, and to the southern shore map of ‘‘St. Johns River Bridges Area’’ kilometers (12.9 miles)); and a 305- of the mouth of Julington Creek in St. in paragraph (13)(v) of this section. meter (1,000-foot), slow speed, year- Johns County on the eastern shore. A (iii) From the Main Street Bridge to round, shoreline buffer to the south map showing the refuge and two maps the Fuller Warren Bridge, a distance of bank of the mouth of Julington Creek in showing specific areas of the refuge are approximately 1.6 kilometers (1.0 mile), St. Johns County along the eastern shore at paragraph (13)(v) of this section. shore-line to shore-line, watercraft are (approximately 32.5 kilometers (20.2 (ii) From Reddie Point upstream to required to proceed at slow speed miles)) to a line north of a western the Main Street Bridge, a distance of (channel included), year-round. See extension of the Nature’s Hammock approximately 11.6 kilometers (or 7.2 map of ‘‘St. Johns River Bridges Area’’ Road North. Watercraft are required to miles), watercraft are required to in paragraph (13)(v) of this section. proceed at slow speed within these proceed at slow speed, year-round, (iv) Upstream of the Fuller Warren buffer areas. See map of ‘‘Lower St. outside the marked navigation channel Bridge, a 305-meter (1,000-foot), slow Johns River’’ in paragraph (13)(v) of this and at speeds of not more than 40 speed, year-round, shoreline buffer to section. kilometers per hour (25 miles per hour) the south bank of the mouth of Peter’s in the marked channel (from Channel Branch in Clay County along the (v) Three maps of the Lower St. Johns Marker ‘‘81’’ to the Main Street Bridge, western shore (approximately 31.1 River Manatee Refuge follow: the channel is defined as the line of kilometers (19.3 miles)); and in Doctors BILLING CODE 4310–55–P

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(14) The Halifax and Tomoka Rivers (i) The Halifax and Tomoka Rivers Halifax River and associated Manatee Refuge. Manatee Refuge is described as the waterbodies in Volusia County, from the

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Volusia County—Flagler County line to distance of approximately 0.5 speed, year-round outside of marked New Smyrna Beach. A map showing the kilometers (0.3 miles) in length, slow channels with not more than 40 refuge and eight maps showing specific speed, year-round, shoreline to kilometers per hour (25 miles per hour) areas in the refuge are at paragraph (14) shoreline. Watercraft are required to in the channel; in Wilbur Bay, a (xiii) of this section. proceed at slow speed when operating distance of approximately 2.7 (ii) From the Volusia County/Flagler within these areas. See map of ‘‘Halifax kilometers (1.7 miles) in length, slow County line at Halifax Creek south to River A’’ in paragraph (14) (xiii) of this speed, year-round, shoreline to Channel Marker ‘‘9,’’ a distance of section. shoreline; along the western shore of the approximately 11.3 kilometers (7.0 (vi) From a point 305 meters (1,000 Halifax River, a distance of miles) in length, watercraft are required feet) south of the Granada Bridge (State approximately 3.1 kilometers (1.95 to proceed at slow speed, year-round Road 40) to a point 152 meters (500 feet) miles), slow speed year-round, with not outside the marked channel and at not north of the Seabreeze Bridge, a distance more than 40 kilometers per hour (25 more than 40 kilometers per hour (25 of approximately 6.4 kilometers (4.0 miles per hour) in the marked channels; miles per hour) in the channel. See miles) in length, slow speed, year- in Rose Bay, a distance of approximately maps of ‘‘Halifax Creek’’ and ‘‘Tomoka round, 305-meter (1,000-foot) minimum 2.7 kilometers (1.7 miles), slow speed River Basin’’ in paragraph (14) (xiii) of buffers along shorelines with not more year-round, with not more than 40 this section. than 40 kilometers per hour (25 miles kilometers per hour (25 miles per hour) (iii) From Channel Marker ‘‘9’’ to a per hour) in areas between the buffers, in the marked channels; in all waters of point 152 meters (500 feet) north of the and including the marked navigation Mill Creek, Tenmile Creek, and Dead Granada Bridge (State Road 40) channel. Watercraft are required to End Creek, a combined distance of (including the Tomoka Basin), a proceed at slow speed within the buffers approximately 5.1 kilometers (3.2 miles) distance of approximately 5.0 and not more than 40 kilometers per in length, slow speed, year-round, kilometers (3.1 miles) in length, slow hour (25 miles per hour) in areas shoreline to shoreline; in Turnbull Bay, speed, year-round, 305-meter (1,000- between the buffers (and including the a distance of approximately 3.9 foot) minimum buffers along shorelines marked navigation channel). See map of kilometers (2.4 miles), slow speed year- with not more than 40 kilometers per ‘‘Halifax River A’’ in paragraph (14) round, with not more than 40 kilometers hour (25 miles per hour) in areas (xiii) of this section. per hour (25 miles per hour) in the between the buffers (and including the (vii) From 152 meters (500 feet) north marked channels; in Spruce Creek, for a marked navigation channel). Watercraft of the Seabreeze Bridge, to Channel distance of approximately 5.6 are required to proceed at slow speed Marker ‘‘40,’’ a distance of kilometers (3.5 miles), shoreline to within the buffers and not more than 40 approximately 3.7 kilometers (2.3 miles) shoreline, April 1 to August 31, slow kilometers per hour (25 miles per hour) in length, slow speed, channel included, speed, and from September 1 through in areas between the buffers (and year-round. Watercraft are required to March 31, not more than 40 kilometers including the marked navigation proceed at slow speed when operating per hour (25 miles per hour). Watercraft channel). See maps of ‘‘Tomoka River within these areas. See map of ‘‘Halifax are required to proceed at slow speed Basin’’ and ‘‘Tomoka River’’ in River B’’ in paragraph (14) (xiii) of this within the buffers and not more than 40 paragraph (14) (xiii) of this section. section. kilometers per hour (25 miles per hour) (iv) In the Tomoka River, all waters (viii) From Channel Marker ‘‘40’’ to a in areas between the buffers (including upstream of the U.S. 1 bridge, a distance point 152 meters (500 feet) north of the within marked channels). See maps of of approximately 7.2 kilometers ( 4.5 Dunlawton Bridge, a distance of ‘‘Ponce Inlet Area A,’’ ‘‘Ponce Inlet Area miles) in length, slow speed, year- approximately 14.5 kilometers (9 miles) B,’’ and ‘‘Ponce Inlet Area C’’ in round, shoreline to shoreline; from the in length, slow speed, year-round, 305- paragraph (14) (xiii) of this section. U.S. 1 bridge downstream to Latitude meter (1,000-foot) minimum buffers (xi) In waters north of Ponce Inlet, 29° 19′ 00″, a distance of approximately along shorelines with not more than 40 between Live Oak Point and Channel 2.1 kilometers (1.3 miles) in length, idle kilometers per hour (25 miles per hour) Marker ‘‘2,’’ a distance of approximately speed, year-round, shoreline to in areas between the buffers, and 2.9 kilometers (1.8 miles), slow speed, shoreline; from Latitude 29° 19′ 00″ including the marked navigation channel included, year-round; in waters downstream to the confluence of channel. Watercraft are required to adjacent to Ponce Inlet, slow speed, Strickland Creek and the Tomoka River, proceed at slow speed within the buffers year-round outside of the marked and including Strickland, Thompson, and not more than 40 kilometers per navigation channel and other marked and Dodson creeks, a combined distance hour (25 miles per hour) in areas access channels, with not more than 40 of approximately 9.7 kilometers (6 between the buffers (and including the kilometers per hour (25 miles per hour) miles) in length, slow speed, year- marked navigation channel). See map in the marked channels. Watercraft are round, shoreline to shoreline; from the ‘‘Halifax River B’’ in paragraph (14) required to proceed at slow speed confluence of Strickland Creek and the (xiii) of this section. within the buffers and not more than 40 Tomoka River downstream to the mouth (ix) From 152 meters (500 feet) north kilometers per hour (25 miles per hour) of the Tomoka River, a distance of to 152 meters (500 feet) south of the in areas between the buffers (including approximately 1.4 kilometers (0.9 miles) Dunlawton Bridge, a distance of within marked channels). In the waters in length, idle speed, year-round, approximately 0.3 kilometers (0.2 miles) of Ponce Inlet, watercraft are required to shoreline to shoreline. Watercraft are in length, slow speed, channel included, proceed at speeds of not more than 48 required to proceed at idle speed within year-round, shoreline to shoreline. kilometers per hour (30 miles per hour). the described idle speed areas and at Watercraft are required to proceed at See map of ‘‘Ponce Inlet Area B’’ in slow speed within the described slow slow speed when operating within these paragraph (14) (xiii) of this section. speed areas. See map of ‘‘Tomoka areas. See map of ‘‘Halifax River B’’ in (xii) In the Intracoastal Waterway River’’ in paragraph (14) (xiii) of this paragraph (14) (xiii) of this section. from Redland Canal to the A1A Bridge section. (x) From 152 meters (500 feet) south (New Smyrna Beach, for a distance of (v) From 152 meters (500 feet) north of the Dunlawton Bridge to Ponce Inlet, approximately 5.3 kilometers (3.3 miles) to 305 meters (1,000 feet) south of the a distance of approximately 10.5 in length, slow speed, channel included, Granada Bridge (State Road 40), a kilometers (6.5 miles) in length, slow year-round. Watercraft are required to

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proceed at slow speed when operating Inlet Area B’’ in paragraph (14) (xiii) of (xiii) Nine maps of the Halifax and within this area. See map of ‘‘Ponce this section. Tomoka Rivers Manatee Refuge follow:

BILLING CODE 4310–55–P

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Dated: March 26, 2003. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 03–8179 Filed 4–3–03; 8:45 am] BILLING CODE 4310–55–C

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