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DEPARTMENT OF THE INTERIOR the following address: Road 301, Km. likely to become endangered in the 5.1, P.O. Box 491, Boquero´n, PR 00622. foreseeable future throughout all or a Fish and Wildlife Service If you use a telecommunications device significant portion of its range. for the deaf (TDD), please call the Previous Federal Actions 50 CFR Part 17 Federal Relay Service (FRS) at 800–877– The Florida manatee (Trichechus [Docket No. FWS–R4–ES–2015–0178; 8339, 24 hours a day, 7 days a week. FXES11130900000–178–FF09E42000] SUPPLEMENTARY INFORMATION: manatus latirostris), a subspecies of the West Indian manatee (Trichechus RIN 1018–AY84 Executive Summary manatus), was listed as endangered in Why We Need To Publish a Rule 1967 (32 FR 4001) under the Endangered and Threatened Wildlife Endangered Species Preservation Act of • and Plants; Reclassification of the In April 2007, we completed a 5- 1966 (Pub. L. 89–669; 80 Stat. 926). West Indian Manatee From year status review, which included a After adoption of the Endangered Endangered to Threatened recommendation to reclassify the West Species Conservation Act of 1969 (Pub. Indian manatee from endangered to AGENCY: Fish and Wildlife Service, L. 91–135; 83 Stat. 275), the listing was Interior. threatened. amended in 1970 to expand the Florida • In December 2012, we received a ACTION: Final rule. manatee listing to include the West petition submitted by the Pacific Legal Indian manatee throughout its range, SUMMARY: We, the U.S. Fish and Foundation, on behalf of Save Crystal including in the Caribbean Sea and Wildlife Service (Service), reclassify the River, Inc., requesting that the West northern South America. This West Indian manatee (Trichechus Indian manatee and subspecies thereof amendment added the Antillean manatus) from endangered to be reclassified from its current status as manatee (Trichechus manatus manatus) threatened under the authority of the endangered to threatened, based to the listing (35 FR 18319, December 2, Endangered Species Act of 1973, as primarily on the analysis and 1970). Species listed under the amended (Act). The endangered recommendation contained in our April Endangered Species Conservation Act, designation no longer correctly reflects 2007 5-year review. including the West Indian manatee, • the current status of the West Indian On July 2, 2014, we published a 90- were subsequently grandfathered into manatee. This action is based on the day finding that the petition presented the List of Endangered and Threatened best available scientific and commercial substantial information indicating that Wildlife under the Endangered Species information, which indicates that the reclassifying the West Indian manatee Act of 1973 (16 U.S.C. 1531 et seq.), and West Indian manatee no longer meets may be warranted (79 FR 37706). On the West Indian manatee remains listed the definition of endangered under the January 8, 2016, we published a as an endangered species under the Act. Act. When this rule becomes effective, proposed rule to reclassify the West We originally issued a recovery plan for the West Indian manatee, including its Indian manatee as threatened, which the West Indian manatee in 1980, which two subspecies, will remain protected as also constituted our 12-month petition included both Florida and Antillean a threatened species under the Act and finding that the action requested is manatees. We completed a recovery the existing critical habitat designation warranted (81 FR 1000). plan for the Florida subspecies in 1989, in Florida will remain in effect. The Basis for Our Action revised it in 1996, and completed DATES: This rule is effective May 5, another in 2001 (USFWS 2001). In 1986, • Based on our status review, threats 2017. we completed a recovery plan for the analysis, and evaluation of conservation Puerto Rico population of the Antillean ADDRESSES: This final rule, as well as measures, we conclude that the West manatee (USFWS 1986). comments and materials received in Indian manatee no longer meets the On January 8, 2016, we published in response to the proposed rule, are Act’s definition of endangered and the Federal Register a combined 12- available on the Internet at http:// should be reclassified to threatened, that month finding on the petition to www.regulations.gov at Docket No. is, a species that is likely to become downlist the West Indian manatee and FWS–R4–ES–2015–0178. Comments endangered within the foreseeable a proposed rule to reclassify the West and materials we received, as well as future throughout all or a significant Indian manatee as threatened (81 FR supporting documentation used in portion of its range. 1000). Please refer to the proposed rule preparation of this rule, are available for • Our review of the best scientific and for a detailed description of prior public inspection at http:// commercial information available Federal actions concerning this species. www.regulations.gov and by indicates that some threats to the On January 13, 2016 (81 FR 1597), we appointment, during normal business manatee still remain while others have made a minor correction to this hours at: U.S. Fish and Wildlife Service, been reduced or no longer occur. proposed regulation; the date closing North Florida Ecological Services Examples of remaining threats that will the comment period was corrected to Office, or Caribbean Ecological Services make this species likely to become read April 7, 2016. The Service also Field Office (see FOR FURTHER endangered in the foreseeable future contacted appropriate range countries, INFORMATION CONTACT). include habitat loss, degradation, and Federal and State agencies, scientific FOR FURTHER INFORMATION CONTACT: Jay fragmentation; watercraft collisions; loss experts and organizations, tribes, and Herrington, Field Supervisor, North of winter warm-water habitat; and other interested parties and invited Florida Ecological Services Office, by poaching. them to comment on the proposal. telephone at 904–731–3191, or by • Recovery efforts to control these Between January 28, 2016, and February facsimile at 904–731–3045; or at the threats in range countries are under way 9, 2016, we published legal notices in following address: 7915 Baymeadows in many areas but have not yet begun in major newspapers in the West Indian Way, Suite 200, Jacksonville, FL 32256; others. Further implementation of manatee range including Texas, Edwin Mun˜ iz, Field Supervisor, recovery actions is needed to bring the Louisiana, Mississippi, Alabama, Caribbean Ecological Services Field West Indian manatee to full recovery by Georgia, South Carolina, North Carolina, Office, by telephone at 787–851–7297, reducing or removing threats to the Virginia, and Puerto Rico and legal or by facsimile at 787–851–7441; or at point where this species is no longer notices in 10 major newspapers in

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Florida. We also held a public hearing overlap between ranges (Hatt 1934, p. America, and South America (Table 1). on February 20, 2016, at the Buena Vista 538; Domning and Hayek 1986, p. 136; This information reflects the broad Palace Conference Center in Orlando, and Alvarez-Alema´n et al. 2010, p. 148). distribution of the species and suggests Florida. Recent genetic studies substantiate the a relatively medium to large range-wide uniqueness of the Florida subspecies, as population estimate. A sum of all the Background its genetic characteristics have been available estimates totals 13,142 Please refer to the combined 12- compared with other populations from manatees for the species throughout its month finding and proposed rule to the Antillean subspecies found in range; the sum of estimated minimum reclassify the West Indian manatee (81 Puerto Rico and Belize (Hunter et al. population sizes is 8,396 manatees (See FR 1000, January 8, 2016) for more 2010, p. 599; Hunter et al. 2012, p. Table 1; UNEP 2010, p. 11; Marsh et al. information on the species’ distribution, 1631). 2011, p. 385; Castelblanco-Martı´nez et taxonomy, description, lifespan, mating, al. 2012, p. 132; Self-Sullivan and Population Size and reproduction. We made no changes Mignucci 2012, p. 40; Martin et al. 2015, to these sections and do not include Within the southeastern United entire). Total estimates for manatees them in our final rule. States, Martin et al. (2015 entire) outside the southeastern United States provide an abundance estimate for the and Puerto Rico alone range between Taxonomy and Species Description Florida subspecies of 6,350 manatees approximately 3,000 and 6,700 The West Indian manatee, Trichechus (with a 95 percent CI (confidence individuals, including adults, subadults, manatus, is one of three living species interval) between 5,310 and 7,390). and calves, of which fewer than 2,500 of the genus Trichechus (Rice 1998, p. Outside the southeastern United States, are estimated to be reproductively 129). The West Indian manatee includes available non-statistical population mature animals (Self-Sullivan and two recognized subspecies, the estimates are based on data of highly Mignucci-Giannoni 2012, p. 40). Antillean manatee, Trichechus manatus variable quality and should be Castelblanco-Martı´nez et al. (2012, p. manatus, and the Florida manatee, considered only as crude 132) adapted the UNEP (2010, p. 11) Trichechus manatus latirostris (Rice approximations (Table 1). These numbers and used an estimated initial 1998, p. 129). Each subspecies has estimates suggest that there may be as size of 6,700 individuals in their distinctive morphological features and many as 6,782 Antillean manatees in the population viability analysis (PVA) occurs in discrete areas with rare Greater Antilles, Mexico, Central model for the Antillean subspecies.

TABLE 1—RANGE COUNTRIES WHERE WEST INDIAN MANATEES ARE FOUND: TRENDS, NON-STATISTICAL POPULATION ESTIMATES, MINIMUM POPULATION SIZE, AND NATIONAL LISTING STATUS [Abbreviations: U—Unknown; D—Declining; S—Stable; I—Increasing (adapted from UNEP 2010, p. 11 and Castelblanco-Martı´nez et al. 2012, p. 132, Martin et al. 2015, p. 44, unless otherwise cited).]

Non-statistical 1 Minimum 3 Country Trend population population size National listing status estimate 2

Greater Antilles (1,382)

1A.4 U.S. (Puerto Rico) ...... S 5 532 (mean) 342 ...... Endangered (PRDNER 2004). 2. Cuba ...... U/D 500 Unknown ...... Endangered (A´ lvarez-Alema´n 2012). 3. Haiti ...... U 100 8 ...... No Information 4. Dominican Republic ...... D 200 30 ...... Critically Endangered (MMARNRD 2011). 5. Jamaica ...... U/D 50 <50 ...... No Information.

Mexico, Central America (3,600)

6. Mexico ...... U 1,500 1,000 ...... Endangered. 7. Belize ...... U/D 1,000 700 ...... Endangered. 8. Guatemala ...... U 150 53 ± 44 ...... Critically Endangered (CONAP 2009). 9. Honduras ...... S/D 100 11 ...... No Information. 10. Costa Rica ...... D 200 31 ...... Endangered. 11. Panama ...... U 150 10 ...... No Information. 12. Nicaragua ...... D 500 71 ...... No Information.

South America (1,800)

13. Colombia ...... U/D 500 100 ...... Critically Endangered (Rodrı´guez-Mahecha et al. 2006). 14. Venezuela...... D 200 200 ...... Critically Endangered (Ojasti and Lacabana 2008). 15. Suriname ...... D 100 100 ...... No Information. 16. French Guiana ...... S/D 100 100 ...... No Information. 17. Guyana ...... D 100 100 ...... No Information. 18. Trinidad and Tobago ...... D 100 25 ...... Endangered (MCT 2002). 19. Brazil ...... S/D 700 155 ...... Critically Endangered (Barbosa et al. 2008).

North America (6,360)

20. The Bahamas ...... I 10 Unknown ...... No Information. 21B.4 U.S. (Southeast) ...... S/I 6,350 5,310 ...... Endangered (FAC 68A–27.0031).

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TABLE 1—RANGE COUNTRIES WHERE WEST INDIAN MANATEES ARE FOUND: TRENDS, NON-STATISTICAL POPULATION ESTIMATES, MINIMUM POPULATION SIZE, AND NATIONAL LISTING STATUS—Continued [Abbreviations: U—Unknown; D—Declining; S—Stable; I—Increasing (adapted from UNEP 2010, p. 11 and Castelblanco-Martı´nez et al. 2012, p. 132, Martin et al. 2015, p. 44, unless otherwise cited).]

Non-statistical Minimum 1 3 Country Trend population population size National listing status estimate 2

Total Estimated Population 8,396–13,142 1 Trends and estimates described in Table 1 for manatee populations outside the United States are, in large part, based on the personal opin- ions of local experts and are not based on quantified analyses of trends in country population counts or demographics. Such data from these countries are limited or absent, making most of these assessments conjectural (UNEP 2010, p. xiv). 2 Except as noted. 3 Range country status definitions vary by country. 4 Note that Locations 1A and 21B refer to manatee populations in the United States (in Puerto Rico and the southeastern United States, re- spectively). 5 Based on adjusted aerial survey counts (Pollock et al. 2013, p. 8).

The Martin et al. (2015) study detection probabilities. However, it is be stable since our 2007 status review referenced above is the first quantified likely that a significant amount of the (USFWS 2007). Historical and anecdotal estimate of abundance for the Florida increase does reflect an actual increase accounts outside the southeastern manatee in the southeastern United in population size when this count is United States and Puerto Rico suggest States. This estimate relied upon considered in the context of other that manatees were once more common, innovative survey techniques and positive demographic indicators, leading scientists to hypothesize that multiple sources of information to including the recently updated growth significant declines have occurred estimate a Florida manatee population and survival rates (Runge et al. 2015, p. (Lefebvre et al. 2001, p. 425; UNEP of 6,350 animals (Martin et al. 2015, p. 19). 2010, p. 11; Self-Sullivan and Mignucci- 44). In Puerto Rico, the Service also In February 2015, researchers counted Giannoni 2012, p. 37). In areas where updated aerial survey methods to 6,063 manatees during a statewide populations may be declining, the account for detection probability, which survey, and researchers in February magnitude of decline is difficult to provides an improved population 2016 counted 6,250 manatees (FWC assess, given the qualitative nature of estimate (Pollock et al. 2013, entire). FWRI Manatee aerial surveys 2016, these accounts (see footnote Table 1). It From 2010 to 2014, a total of six island- unpubl. data). is not known if these observations wide aerial surveys have been represent an actual decline or merely Population Trends completed with this new method reflect differences in expert opinion (Atkins 2010–2014). These have In 2008, the International Union for over time. resulted in the most robust counts the Conservation of Nature (IUCN) In the Castelblanco-Martı´nez et al. available for the population, with an identified the West Indian manatee as a (2012, pp. 129–143) PVA model for the average direct minimum population ‘‘Vulnerable’’ species throughout its metapopulation of the Antillean count of 149 individuals (standard range based on an estimate of less than manatee the authors divided the deviation (SD) 31). Calf numbers have 10,000 mature individuals (Deutsch et metapopulation into six subpopulations also been documented with an average al. 2008, http://www.iucnredlist.org/ identified by geographic features, local minimum direct calf count of 14 (SD 5) details/22103/0). The population was genetic structure, ranging behavior, and or approximately 10 percent of the expected to decline at a rate of 10 habitat use (Greater Antilles, Gulf of direct minimum population count. A percent over the course of three Mexico, Mesoamerica, Colombia, record high of 23 calves was counted in generations (i.e., 60 years; 1 generation Venezuela, Brazil; refer to Figure 1 and the December 2013 survey. The October = circa 20 years) due to habitat loss and Table 1 in Castelblanco-Martı´nez et al. 2010 survey count analysis resulted in other anthropogenic factors (Deutsch et 2012). Using an initial metapopulation an adjusted mean estimated population al. 2008, online). However, each of the size of 6,700 Antillean manatees, with size of 532 individuals, with a 95 subspecies (Antillean and Florida) by low human pressure and a relatively percent equal area confidence interval themselves was considered to be low frequency of stochastic events, their (CI) of 342–802 manatees (Pollock et al. endangered and declining due to a baseline PVA model describes a 2013, p. 8). variety of threats identified in the IUCN metapopulation with positive growth. In Florida, to count numbers of classification criteria (Deutsch et al. The authors explain that the model is manatees, FWC conducts a series of 2008, online). As we have noted above, limited due to a lack of certainty with statewide aerial and ground surveys of our estimate of the total West Indian regard to the estimated size of the warm-water sites known to be visited by manatee population currently ranges population; it does not take into account manatees during cold-weather extremes. between 8,396 and 13,142 (Table 1). trends in local populations, and it These surveys are conducted from one To the extent that they can be assumes that all threats have an equal to three times each winter, depending measured with the best available data, effect on the different subpopulations. on weather conditions (FWC FWRI the West Indian manatee population As stated in Castelblanco-Martı´nez et Manatee aerial surveys, 2016, unpubl. trend and status vary regionally (Table al. (2012, p. 138), ‘‘human impacts and data). While the number of manatees 1). In the southeastern United States, the habitat fragmentation were the main detected during these surveys has manatee population has grown, based factors that drastically caused changes increased over the years, in and of on updated adult survival rate estimates in the simulated extinction process of themselves these surveys are not and estimated growth rates (Runge et al. the population.’’ For example, some of considered to be reliable indicators of 2015, p. 19). The Antillean manatee the combined human-related mortality population trends, given concerns about population in Puerto Rico is believed to and habitat fragmentation model runs

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reached extinction within 100 years causes include hunting, entanglement, better assess how human-related and (Fig. 5 and Table 7 in Castelblanco- and collisions with boats, and in general habitat threats affect actual and model Martı´nez et al. 2012, pp. 139–140). The are considered relatively uncommon growth rates. four worst predictions presented a mean according to the few reports available In the southeastern United States, time to extinction between 41.5 and 104 considering the broad range of the new population growth rates for years, by assuming a human-related Antillean manatee metapopulation Florida’s Atlantic Coast, Upper St. Johns mortality of 5 percent or higher and in (Castelblanco-Martı´nez et al. 2012, p. combination with values of transient 135). Thus a 5 percent or higher human- River, Northwest, and Southwest survival probabilities of between 10 related mortality in these four worst Regions describe growth in each region percent, 30 percent, and 50 percent predictions is currently considered through winter seasons 2011–2012, (habitat fragmentation). Besides these unlikely. They also note (Castelblanco- 2010–2011, 2009–2010, and 2008–2009, four worst predictions, the other Martı´nez et al. 2012, p. 141) that the respectively (Langtimm presentation, predictions’ mean time to extinction are resulting baseline model growth rate is 2016). Regional adult survival rate all above 200 years (from 208.9 to >500), reasonable because mortality is estimates (see Table 2) were also thus higher than what is considered the currently considered to be low when updated through the same periods and foreseeable future (50 years; see compared to the Florida subspecies, are higher and more precise for all Summary of Factors Affecting the which can withstand massive regions since the last estimates were Species section) for the West Indian mortalities associated with cold stress provided (Langtimm presentation, 2016; manatee. and red tide episodes. Runge et al. 2015, p. 7; USFWS 2007, p. These four worst model predictions In addition, low survival probabilities 65). The updates capture some but not are currently considered unlikely for the of transient manatees (habitat all of the recent die-off events (severe Antillean manatee metapopulations. For fragmentation) of 50 percent or lower cold events of 2009–2010 and 2010– ´ example, Castelblanco-Martınez et al. are also considered unlikely since 2011, and the 2012–present Indian River (2012, p. 135) discuss their assumption migration rates were assumed low, and Lagoon (IRL) die-off event). These rates of using a 1 percent human-related given that manatees have a resilient include data collected through 2014– mortality for their base model by citing immune system and seem resistant to available information on anthropogenic diseases and traumatic injuries as 2015. However, rates for periods beyond causes of mortality for the Antillean explained by Castelblanco-Martı´nez et those identified in Table 2 cannot be manatee (Castelblanco-Martı´nez et al. al. (2012, pp. 132–133). We recognize calculated because of an end of time 2012, p. 135). These anthropogenic that additional information is needed to series bias inherent in the analyses.

TABLE 2—UPDATED FLORIDA MANATEE ADULT SURVIVAL RATES [Langtimm, presentation, 2016.]

Region Mean Standard error Time period

Northwest ...... 0.978 .003 1982–2009 Southwest ...... 0.978 .004 1997–2012 Atlantic Coast ...... 0.972 .004 1987–2010 Upper St. Johns River ...... 0.979 .004 1987–2010

A USGS-led status and threats The model expressed the contribution Recovery analysis for the Florida manatee was of each threat as it affects manatee updated in 2016 (Runge presentation, persistence, by removing them, one at a Section 4(f) of the Act directs us to 2016). This effort considers the time, and comparing the results to the develop and implement recovery plans demographic effects of the major threats ‘‘status quo’’ scenario. The ‘‘status quo’’ for the conservation and survival of to Florida manatees and evaluates how represents the population status in the listed species, unless we find that such those demographic effects influence the continued presence of all of the threats, a plan will not promote conservation of risk of extinction using the manatee including the threat of the potential loss the species. Although the West Indian Core Biological Model. Although the of warm water in the future due to manatee is listed throughout its range, adult survival rate is less than one in all power plant closures and the loss of Service recovery planning efforts for the regions, growth rates have been springs and/or reduction in spring West Indian manatee focused mostly on demonstrably greater than one (positive flows. those portions of the species’ range within U.S. jurisdiction. We published growth) over the recent past (1983– Under the status quo scenario, the 2007) (Langtimm presentation, 2016). an initial recovery plan for the West statewide manatee population is Indian manatee in 1980 (USFWS 1980) The analysis forecasts the status of the expected to increase slowly, nearly and subsequently published recovery manatee population under different doubling over 50 years, and then plans at the subspecies level for threat scenarios using the Manatee Core stabilize as the population reaches Biological Model. Data from the manatees found within the United statewide carrying capacity. Under this States. At present, approved plans Manatee Carcass Salvage Program (FWC scenario, the model predicts that it is FWRI Manatee Carcass Salvage Program include the Recovery Plan for the Puerto unlikely (< 2.5 percent chance) that the Rican Population of the Antillean 2016, unpubl. data) were used to statewide population will fall below estimate fractions of mortality due to Manatee (USFWS 1986); the Florida 4,000 total individuals over the next 100 Manatee Recovery Plan, Third Revision each of six known threats: Watercraft, years, assuming current threats remain water control structures, marine debris, (USFWS 2001); and the South Florida constant indefinitely (Runge et al. 2015, Multi-Species Recovery Plan (USFWS cold, red tide, and others (Runge p. 13). presentation, 2016). 1999).

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Section 4(f) of the Act directs that, to the species from endangered to range countries, the plan recommends the maximum extent practicable, we threatened or perhaps even delist the that needed research and the incorporate into each recovery plan: (1) species. In other cases, recovery development of common methodologies Site-specific management actions that opportunities may have been recognized be prioritized in concert with may be necessary to achieve the plan’s that were not known at the time the coordinated manatee and manatee goals for conservation and survival of recovery plan was finalized. These habitat protection efforts (UNEP 2010, the species; (2) objective, measurable opportunities may be used instead of entire). criteria, which when met would result methods identified in the recovery plan. in a determination, in accordance with Likewise, information on the species Within the species’ range, foundations the provisions of section 4 of the Act, may be available that was not known at for coordinated conservation and that the species be removed from the the time the recovery plan was research activities are developing, and a list; and (3) estimates of the time finalized. The new information may number of governments have designated required and cost to carry out the plan. change the extent that criteria need to be manatee protection areas and have Revisions to the Lists of Endangered met for recognizing recovery of the developed or are developing and Threatened Wildlife and Plants species. Overall, recovery of species is conservation plans (UNEP 2010, p. xiv). (List) (adding, removing, or reclassifying a dynamic process requiring adaptive National legislation exists for manatees a species) must reflect determinations management, planning, implementing, in all range countries, and many made in accordance with section 4(a)(1) and evaluating the degree of recovery of countries have ratified their and 4(b). Section 4(a)(1) requires that a species that may, or may not, fully participation in international the Secretary determine whether a follow the guidance provided in a conventions and protocols that protect species is threatened or endangered (or recovery plan. manatees and their habitat (UNEP 2010, not) because of one or more of five The following discussion provides a p. xv). At www.regulations.gov, see threat factors. Therefore, recovery review of recovery planning and Supplemental Documents 1 and 3 in criteria must indicate when a species is implementation for the West Indian Docket No. FWS–R4–ES–2015–0178. no longer threatened or endangered manatee, as well as an analysis of the Belize, Colombia, Costa Rica, because of any of these five factors. In recovery criteria and goals as they relate Guatemala, Mexico, the United States, other words, objective, measurable to evaluating the status of the species. Puerto Rico, and Trinidad have criteria contained in recovery plans Recovery Actions developed country-specific manatee (recovery criteria) must indicate when recovery plans (UNEP 2010, p. 92). an analysis of the five factors under Recovery and conservation actions for section 4(a)(1) would result in a the West Indian manatee are described Efforts to conserve manatees outside determination that a species is no longer in the ‘‘UNEP Caribbean the United States vary significantly from an endangered or threatened species. Environment[al] Program’s Regional country to country. Some countries, Section 4(b) requires that the Management Plan for the West Indian including but not limited to Mexico, determination made under section Manatee’’ (UNEP 2010, entire) and in Belize, Brazil, and Cuba, are engaged in 4(a)(1) be based on the best available national conservation plans for efforts to assess current status and science. countries outside the United States. distribution of manatees. Many Thus, while recovery plans are Within the United States, the Service’s countries, including Belize and Brazil, intended to provide guidance to the Recovery Plan for the Puerto Rico provide protections for manatees and Service, States, and other partners on Population of the West Indian their habitat. For example, the manatee methods of minimizing threats to listed (Antillean) Manatee (USFWS 1986, in Belize is listed as endangered under species and on criteria that may be used entire), the South Florida Multi-Species Belize’s Wildlife Protection Act of 1981. to determine when recovery is achieved, Recovery Plan (USFWS 1999, entire), Belize protects manatees from they are not regulatory documents and and the Florida Manatee Recovery Plan overexploitation, and its recovery plan cannot substitute for the determinations (USFWS 2001, entire) identify recovery implements recovery actions similar to and promulgation of regulations and conservation actions for the species. those identified in the Service’s Florida required under section 4(a)(1). Actions common to all plans include and Puerto Rico recovery plans. Efforts Determinations to remove from or minimizing manatee mortality and to protect manatees include education reclassify a species on the List made injury, protecting manatee habitats, and and outreach efforts, and countries are under section 4(a)(1) must be based on monitoring manatee populations and promoting cooperation and information the best scientific and commercial data habitat. exchanges through venues such as the available at the time of the UNEP Caribbean Environment[al] recent Cartagena Convention meetings determination, regardless of whether Program’s Regional Management Plan (UNEP 2014, entire). A successful that information differs from the recovery plan. for the West Indian Manatee, National cooperative initiative identified at the In the course of implementing Conservation Plans (Outside the United meetings includes the implementation conservation actions for a species, new States) of manatee bycatch surveys in the information is often gained that requires The UNEP plan, published in 2010, Dominican Republic, Belize, Colombia, recovery efforts to be modified identifies short- and long-term and Mexico (Kiszka 2014, entire). We accordingly. There are many paths to conservation and research measures that are encouraged by the progress that is accomplishing recovery of a species, should be implemented to conserve the being made in several portions of the and recovery may be achieved without West Indian manatee. This plan also Antillean manatee’s range in protecting all criteria being fully met. For example, includes an overview of West Indian this mammal and the growing one or more criteria may have been manatees within their range countries, enthusiasm behind implementing exceeded while other criteria may not including descriptions of regional and recovery to better protect this important have been accomplished, yet the Service national conservation measures and species. In the future, we would like to may judge that, overall, the threats have research programs that have been reach out and coordinate with these been minimized sufficiently, and the implemented. Given the general lack of countries with their efforts to further species is robust enough, to reclassify information about manatees in most conserve manatees.

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Recovery Plan for the Puerto Rico significant threats to manatees. 34). MPAs serve to prevent the take of Population of the West Indian Watercraft collision is now considered one or more manatees (USFWS 1979). (Antillean) Manatee the greatest threat to manatees in Puerto The MPA selection criteria considered We approved the Recovery Plan for Rican waters (Mignucci et al. 2000, p. key manatee resources (i.e., seagrass, the Puerto Rico population of the West 189; Drew et al. 2012, p. 26). Currently, shelter, freshwater), manatee aerial Indian (Antillean) manatee on December carcass salvage efforts are led by the surveys, and areas where take can be 24, 1986 (USFWS 1986, entire). Puerto Rico Department of Natural and minimized. After expert elicitation and Although this plan is considered out of Environmental Resources (PRDNER) a thorough literature review, available date (USFWS 2007, p. 26), we present with support from the Puerto Rico data were spatially analyzed and the progress we have made under the Manatee Conservation Center (PRMCC) described to reflect manatee use and (the former Caribbean Stranding habitat preference. identified tasks. The 1986 plan included Network or CSN) and the Puerto Rico Federal MPAs have not been three major objectives: (1) To identify, Zoo. There has not been a record of designated in Puerto Rico, and the assess, and reduce human-related poaching since 1995 as a result of PRDNER does not have a specific mortalities, especially those related to increased public awareness of the manatee area regulation like the State of gill-net entanglement; (2) to identify and protected status of the manatee. The Florida’s Manatee Sanctuary Act of 1978 minimize alteration, degradation, and successful rehabilitation and release of (FMSA), which allows for management destruction of important manatee the captive manatee ‘‘Moises’’ in 1994, and enforcement of boat speed habitats; and (3) to develop criteria and a manatee calf stranded after the mother restrictions and operations in areas biological information necessary to had been killed by poachers, served to where manatees are concentrated determine whether and when to incite a change of cultural values and (F.A.C. 2016). Still, the PRDNER has the reclassify from endangered to increase awareness about threats to authority to establish boat speed threatened the Puerto Rico population manatees (Marsh and Lefebvre 1994, p. regulatory areas marked with buoys (USFWS 1986, p. 12). The Recovery 157). wherever deemed necessary. For Plan also includes a step-down outline Documented entanglement in fishing example, in 2014, the USFWS, PRDNER, that identifies two primary recovery nets rarely occurs. However, in 2014, and Reefscaping, Inc. finalized the actions for: (1) Population management three adult manatees were entangled in installation of 100 manatee speed and (2) habitat protection. Since the large fishing nets; one of them was an regulatory buoys throughout known release of the 1986 Recovery Plan for the adult female that died (PRDNER 2015, important manatee use areas, and the Puerto Rico population of the West unpubl. data). Significant exposure was PRDNER has a plan to install more Indian (Antillean) manatee, initiated given to this case through the local and buoys. In addition, the Navigation and recovery actions have provided social media. Current PRDNER fishing Aquatic Safety Law for the substantial new knowledge about the regulations still allow the use of beach Commonwealth of Puerto Rico (Law species’ ecology and threats. Some of seine nets with certain prohibitions that 430) was implemented in 2000 these efforts apply to multiple tasks and need to be carefully monitored. (PRDNER 2000). This law restricts boat are helping to update conservation Fisheries-related entanglements and speeds to 5 miles per hour within 150 information and tools that are applied debris ingestion are rarely documented feet (45 meters) from the coastline towards adaptive management and but may occur and cause take of unless otherwise posted. However, the education. Here we report on the manatees (take includes harassment, effectiveness of this law and State current status of these actions. hunting, capturing, killing, or manatee speed regulatory buoys have Recovery Task (1): Population attempting to harass, hunt, capture, or not been appropriately assessed, and management. Recovery actions under kill). In August 2014 and September enforcement is limited (see Factor D). this task include: Reduce human-caused 2016, an adult female was confirmed to In Puerto Rico, island-wide manatee mortality; determine manatee movement have both flippers severely entangled in aerial surveys have been conducted patterns and trends in abundance and monofilament line. Attempts to capture since the late 1970s. These aerial distribution; assess contaminant the female manatee from the shore were surveys provide the basis for island- concentrations in manatees; determine unsuccessful. Agencies, community wide distribution patterns and help to quantitative recovery criteria; and groups, and nongovernmental determine minimum population direct develop manatee protection plans for organizations in Puerto Rico counts in some areas or throughout the areas of specific importance. consistently educate the public about island. Not all surveys were equal in Recovery Task (2): Habitat protection. improper waste disposal that can affect terms of the area covered and time of Recovery actions under this task manatees. year in which they were done. These include: Radio-tag manatees to In 2012, the Service completed a direct counts identify a number of determine habitat utilization; determine cooperative agreement with researchers animals observed at the time of the and map distribution of seagrass beds from North Carolina State University survey and suggest that there are at least and sources of fresh water; and monitor (NCSU) to identify potential Manatee a specified number of manatees in the important habitat components and Protection Areas (MPAs) and address population. The Service recognizes that ensure protection. some of the core recommendations these counts do not accurately represent A carcass salvage program was first made by the most recent West Indian the total number of manatees in the implemented in the late 1970s and manatee 5-year review, such as the population. Weather, other continues today. Mignucci-Giannoni et establishment of MPAs (USFWS 2007, environmental factors (e.g., water al. (2000, p. 189) provided an analysis p. 37). This collaboration led to the clarity), observer bias, and aerial survey of stranding data and identified sources identification of several potential MPAs space restrictions influence count of human-caused mortality. This and serves to update the body of conditions and affect detection summarization of data points indicates knowledge pertaining to key ecological probability and final count, thus likely a shift in the nature of threats since the resources used by manatees (i.e., the true number of individuals is release of the 1986 Recovery Plan, seagrass, shelter, freshwater) and the underestimated. Furthermore, as in the which listed poaching, direct capture, current status of threats to the Antillean Florida manatee aerial surveys, survey and entanglement as the most manatee (Drew et al. 2012, pp. 1, 33– methods preclude any analysis of

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precision and variability in the counts, element, was adopted on August 18, structures known to have killed and do not allow for the estimation of 1999, by the Service (USFWS 1999, manatees, and the number of deaths has the apparent detection probability. In entire). This ecosystem-based recovery been reduced (FWC 2007, p. 63). For the spite of the high variability between and plan is intended to recover listed period 1998–2008, the average annual within surveys, the data can be used to species and to restore and maintain the number of structure-related deaths was specify a minimum population direct biodiversity of native plants and 6.5 deaths. This number was reduced to count within a time period (one island- animals in South Florida. The plan is 4.2 deaths per year from 2009–2014 wide survey). not intended to replace existing (FWC 2007, pp. 194–195; FWC FWRI The most consistent surveys were recovery plans but rather to enhance Manatee Carcass Salvage Database 2016, conducted between 1984 and 2002 recovery efforts (USFWS 1999, p. 3). unpubl. data). (USFWS CESFO Manatee Aerial Inasmuch as manatees are a component Important warm-water wintering sites Surveys 2015, unpubl. data). However, of South Florida ecosystems, this plan for manatees in south Florida include methods used provided only a direct included species information and power plant discharges, springs, and count and did not allow for a more recovery tasks from the then-current passive warm-water sites (sites reliable estimate of population size with Florida manatee recovery plan, which characterized by warm-water inversions detection probabilities (Pollock et al., was the Service’s 1996 Florida Manatee and other features). State and Federal 2013, p. 2). Hence, estimates of Recovery Plan (USFWS 1996, entire). rules have been adopted for all power population size are likely biased low, Because the 1996 Florida Manatee plant discharges in south Florida that and inferences from trend analyses are Recovery Plan was revised in 2001, the limit public access during the winter unreliable. The Service again partnered South Florida Multi-Species Recovery (FWC 2007, pp. 235–238; USFWS 2007, with researchers from NCSU to conduct Plan, West Indian Manatee element pp. 71–79). Coincidentally, a majority of a review of aerial survey protocols and became obsolete. However, the 2001 the significant power plants used by implement a sampling protocol that Florida Manatee Recovery Plan includes wintering manatees have been allows the estimation of a detection tasks that address manatee conservation repowered and have projected lifespans probability (Pollock et al., 2013, pp. 2– throughout this subspecies’ range, of about 40 years (Laist et al., 2013, p. 4). In 2010, the Service partnered with including in South Florida. 10). The loss of a passive warm-water Atkins (private consultant) to Manatee recovery activities addressed site due to restoration activities, the Port implement the new sampling protocol in the south Florida region include a of the Islands warm-water basin, is in order to provide more reliable Comprehensive Everglades Restoration being addressed through the population estimates. As explained in Plan (CERP) Task Force that addresses construction of an alternate warm-water the Population Size section, a total of CERP tasks related to manatee site downstream of the original site six island-wide aerial surveys were conservation, an Interagency Task Force (Dryden 2015, pers. comm.). flown between 2010 and 2014 using the for Water Control Structures that Florida Manatee Recovery Plan new methods (Atkins 2010–2014). We minimizes manatee deaths associated now have the most robust counts for with water control structures, and We published the current Florida Puerto Rico’s Antillean manatee efforts to protect the manatees’ south Manatee Recovery Plan on October 30, population. (Please refer to the Florida winter habitat (FWC 2007, pp. 2001 (USFWS 2001). This recovery plan Population Size section for additional 63, 196). includes four principal objectives: (1) information.) The CERP Task Force developed Minimize causes of manatee Recovery actions are also guidelines for manatee protection disturbance, harassment, injury, and implemented during technical during CERP-related construction mortality; (2) determine and monitor the assistance and project reviews. Any activities. The guidelines address status of manatee populations; (3) action or project with a Federal nexus culvert and water control structure protect, identify, evaluate, and monitor (e.g., Federal funds, permits, or actions) installation, potential thermal effects of manatee habitats; and (4) facilitate requires a consultation with the Service Aquifer Storage and Recovery wells, manatee recovery through public under section 7 of the Act. During the potential manatee entrapment in canal awareness and education. To help consultation process, the Service networks, and in-water construction achieve these objectives, the plan identifies conservation measures to effects. The Task Force evaluated identifies 118 recovery implementation avoid and minimize possible effects of proposed changes to existing canal tasks. Important tasks include those that proposed actions or projects. We review systems and the construction of new address the reduction of watercraft numerous projects each year pertaining structures planned for CERP collisions and the loss of warm-water to the manatee, such as dredging, dock implementation and recommended habitat. and marina construction, coastal measures to minimize effects on Recovery Objective 1. Minimize development, marine events (i.e., high- manatees. The measures have been causes of manatee disturbance, speed boat races), and underwater and implemented and are in effect (FWC harassment, injury, and mortality. Tasks beach unexploded ordnance, among 2007, p. 196). identified under this objective include: others. The Service has developed Water control structures are mostly (1) Conducting reviews of permitted Antillean manatee conservation found in south Florida and are a activities; (2) minimizing collisions measures guidelines specific to Puerto predominant means for controlling between manatees and watercraft; (3) Rico. For example, we have worked flooding in the region. Water control enforcing manatee protection with the U.S. Coast Guard to develop structures primarily include flood gates regulations; (4) assessing and and implement standard permit and navigation locks that allow vessel minimizing mortality caused by large conditions for boat races, such as passage through dams and vessels; (5) eliminating water control observer protocols. impoundments, such as those associated structure deaths; (6) minimizing with Lake Okeechobee. Manatees travel fisheries and marine debris South Florida Multi-Species Recovery through these structures and are entanglements; (7) rescuing and Plan, West Indian Manatee occasionally killed in gate crushings rehabilitating distressed manatees; and The South Florida Multi-Species and impingements. Manatee protection (8) implementing strategies to minimize Recovery Plan, West Indian Manatee devices have been installed on most manatee harassment.

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Task 1. Conduct reviews of permitted watch for manatees and shut events confounding. For example, many activities. The Service conducts reviews down when manatees enter event sites. dedicated officer hours on the water of coastal construction permit The Florida Department of address diverse missions, and it is not applications to minimize impacts to Environmental Protection (FDEP) issues possible to identify how many of these manatees and their habitat; reviews and renews NPDES permits for power hours are devoted to manatee high-speed marine event permit plants, desalination plants, wastewater enforcement and how many hours are applications to minimize the effect of treatment plants, and other dischargers dedicated to other missions. Boater concentrated, high-speed watercraft that affect manatees. The FWC, the compliance assessments provide events on manatees; and reviews Service, and others review these actions. another measure to assess adequacy. National Pollution Elimination These reviews ensure that discharges Boater compliance varies by waterway, Discharge Elimination System (NPDES) identified as beneficial to manatees with some waterways experiencing 85 permits to ensure that existing, continue to operate in a way that does percent compliance rates and others as significant discharges do not adversely not adversely affect manatees and seek little as 14 percent (Gorzelany 2013, p. affect manatees and ensure that no new to modify or eliminate those discharges 63). Average boater compliance attractant discharges are created. that adversely affect manatees. In throughout Florida is 54 percent The State of Florida requires counties particular, these reviews prevent the (Shapiro 2001, p. iii). An enforcement to develop manatee protection plans creation of new sources of warm water presence generally ensures a higher (MPPs). These are county-wide plans for and drinking water, known manatee compliance rate (Gorzelany 2013, p. 34). the development of boat facilities attractants. Task 4. Eliminate water control (docks, piers, dry-storage areas, marinas, Task 2. Minimize collisions between structure deaths. As discussed below, and boat ramps) that specify preferred manatees and watercraft. See discussion entrapment and crushing in water locations for boat facility development of watercraft collisions under Factor E, control structures was first recognized based on an evaluation of natural below. Ongoing efforts to minimize as a threat to manatees in the 1970s resources, manatee protection needs, collisions between manatees and (Odell and Reynolds 1979, entire), and watercraft include the adoption of and recreation and economic demands. measures were immediately manatee protection areas that require MPPs are reviewed by FWC and the implemented to address manatee boat operators to slow down or avoid Service and, when deemed adequate, mortality. While initial measures were sensitive manatee use areas. By are used to evaluate boat access projects. mostly ineffective, recent advances in requiring boats to slow down, manatees When proposed projects are consistent protection/detection technology have are better able to evade oncoming boats with MPPs, permitting agencies nearly eliminated this threat to Florida and boat operators are better able to see authorize the construction of facilities manatees. In 2014, the 5-year average for manatees and prevent collisions. manatee deaths at structures and locks in waters used by manatees. Currently, Protected areas minimize the take of was 4.2 manatee deaths per year as all of the original 13 counties required manatees by harassment in manatee compared to 6.5 manatee deaths per to have MPPs have plans, as well as wintering areas, resting areas, feeding year during the preceding 20 years Clay, Levy, and Flagler counties. areas, travel corridors, and other (FWC FWRI Manatee Carcass Salvage Charlotte County is also preparing an important manatee use sites. Manatee Database, 2016, unpubl. data). MPP. protection areas have been adopted in Task 5. Minimize fisheries and The Service developed programmatic 26 Florida counties by the State of marine debris entanglements. Fishing consultation procedures and permit Florida, local communities, and the gear, including both gear in use and conditions for new and expanding Service. Manatee protection areas were discarded gear (i.e., crab traps and watercraft facilities (e.g., docks, boat first adopted in the late 1970s, and monofilament fishing line), are a ramps, and marinas) as well as for additional areas continue to be adopted, continuing problem for manatees. To dredging and other in-water activities as needed. For example, FWC recently reduce this threat, a manatee rescue through an effect determination key adopted new protection areas in western program disentangles manatees, with the U.S. Army Corps of Engineers Pinellas County (68C–22.016). derelict-crab-trap removal programs and and State of Florida (the ‘‘Manatee Task 3. Enforce manatee protection monofilament recycling programs Key’’) (recently revised in 2013). The regulations. Service and State efforts to remove gear from the water, and Manatee Key ensures that watercraft reduce the number of watercraft extensive education and outreach efforts facility locations are consistent with collisions with manatees rely on increase awareness and promote sound MPP boat facility siting criteria and are enforced, well-defined, and designated gear disposal activities. See Factor E for built consistent with MPP construction MPAs. Integral to these efforts are an additional information. Because of conditions. The Service concluded that adequate number of law enforcement continued and ongoing fishing into the these procedures constitute appropriate officers to patrol and enforce these foreseeable future, it is unlikely that this and responsible steps to avoid and areas. Federal, State, and local law threat will be eliminated. minimize adverse effects to the species enforcement officers enforce these Task 6. Rescue and rehabilitate and contribute to recovery of the measures; Federal officers can enforce distressed manatees. Distressed species. State regulations, and State officers can manatees are rescued throughout the The Service has worked with the U.S. enforce Federal regulations. Officers can southeastern United States. Rescuers Coast Guard and State agencies to only enforce areas that are properly include the State of Florida, other range develop and implement standard permit marked by well-maintained signs and States, and numerous private conditions for high-speed marine event buoys. Maintenance of these markers organizations. Each year these rescuers permits. These conditions require that requires significant, continuing funding assist dozens of manatees that present events take place at locations and times to ensure the presence of enforceable with a variety of stresses. Significant when few manatees can be found at protection areas. causes of distress include watercraft event locations and require event It is difficult to ascertain the adequacy collisions, fishing gear entanglements, observer programs. Observer programs of enforcement efforts. Data concerning calf abandonment, and exposure to cold place observers in locations in and dedicated officer hours on the water and and red tide brevetoxins. Many animals around event sites; these observers numbers of citations written are are treated and released in the field, and

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others with significant needs are taken areas. Florida manatees are at the public about threats to manatees and to one of three critical care facilities for northern limit of the species’ range and what the public can do to reduce the medical treatment. A majority of require stable, long-term sources of number of manatees affected by human manatees rescued through this program warm water during cold weather and activities (SeaWorld Parks and are successfully released back into the adjacent forage to persist through winter Entertainment, 2016; see: http:// wild (USFWS Captive Manatee periods. Historically, manatees relied on seaworld.org/en/animal-info/animal- Database, 2016, unpubl. data). the warm, temperate waters of south infobooks/manatee). Task 7. Implement strategies to Florida and on natural warm-water Recovery Plan for the Puerto Rican minimize manatee harassment. See springs scattered throughout their range Population of the West Indian discussion of harassment under Factor as buffers to the lethal effects of cold (Antillean Manatee) B, below. Federal and State regulations winter temperatures. Absent warm prohibiting harm and harassment water, prolonged exposure to cold water The 1986 Recovery Plan does not (including provisioning) are in effect temperatures results in debilitation and/ establish quantitative recovery criteria and enforced (see Supplemental or death due to ‘‘cold stress syndrome’’ to describe a sustainable population of Document 2 in Docket No. FWS–R4– (Bossart et al., 2004, p. 435; Rommel et manatees in Puerto Rico. It does, ES–2015–0178). Extensive outreach al., 2002, p. 4). Several areas in this however, direct the Service to determine efforts encourage proper viewing recovery effort summary (such as in and satisfy the recovery criteria that are practices and include the efforts of the Objective 1 above) show efforts that we based on mortality and abundance Service, tour guides, and others and are taking to protect these sites and trends and a minimum population size include various outreach materials. In continue to implement recovery for the and ensure that adequate habitat areas with large aggregations of West Indian manatee. protection and anti-poaching measures manatees, the Service and FWC have Recovery Objective 4. Facilitate are implemented (USFWS 1986, designated manatee sanctuaries and no- manatee recovery through public Executive Summary). The Recovery entry areas where waterborne activities awareness and education. Tasks Plan also specifies that delisting should known to take manatees are prohibited. include: (1) Developing, evaluating, and occur when the population is large When commercial manatee viewing updating public education and outreach enough to maintain sufficient genetic activities occur on National Wildlife programs and materials; (2) coordinating variation to enable it to evolve and Refuges, businesses are required to the development of manatee awareness respond to natural changes and obtain permits that restrict their programs and materials to support stochastic or catastrophic events. As activities to prevent harassment from recovery; and (3) developing consistent previously explained, the Service has occurring. manatee viewing and approach made substantial progress implementing Recovery Objective 2. Determine and guidelines, utilizing the rescue, a number of recovery actions, and some monitor the status of manatee rehabilitation, and release program to other actions are in progress. populations. Tasks identified under this educate the public. In the absence of historical data objective include: (1) Conducting status Manatee conservation relies on (previous to the late 1970s) that reviews; (2) determining life-history significant education and outreach identifies a clear goal for population parameters, population structure, efforts. While the Service and State of size, and population parameters such as distribution patterns, and population Florida engage in these efforts, many adult survival rates, which have the trends; (3) evaluating and monitoring diverse stakeholders also participate in highest potential effect on growth rate causes of mortality and injury; and (4) these activities. Counties, (Marsh et al. 2011, p. 255), it is not defining factors that affect health, well- municipalities, boating organizations, possible to stipulate with precision the being, physiology, and ecology. manatee advocacy groups, population size and vital rates that Research projects that support this environmental organizations, and others should characterize a recovered, self- objective include aerial surveys, a produce and distribute outreach sustaining population of manatees in carcass salvage program, a photo- materials through a variety of media. An Puerto Rico. Hunter et al. (2012, p. identification program, telemetry active manatee rescue and rehabilitation 1631) describes low genetic diversity for studies and others. program displays manatees that are the Puerto Rico population of Antillean Recovery Objective 3. Protect, being rehabilitated and promotes manatees, and cites other authors that identify, evaluate, and monitor manatee conservation through display and suggest at least 50 genetically effective habitats. Tasks identified under this educational programs. breeders (∼500 individuals) are needed objective include: (1) Protecting, Significant education and outreach to prevent inbreeding depression for identifying, evaluating, and monitoring efforts include Crystal River National short-term population survival, while existing natural and industrial warm- Wildlife Refuge’s (NWR) manatee other researchers suggest population water refuges and investigate kiosks, located at all water access levels in the upper hundreds to alternatives; (2) establishing, acquiring, facilities in Kings Bay, Florida, and thousands in order to maintain managing, and monitoring regional adjoining waters. The kiosk panels evolutionary potential. The average protected-area networks and manatee provide the public with information estimate of 532 for the manatee habitat; (3) ensuring that minimum about manatees and guidance population in Puerto Rico, ranging from flows and levels are established for addressing manatee viewing activities. a minimum of 342 to a maximum of 802 surface waters to protect resources of The kiosks are supported by Refuge- individuals (Pollock et al. 2013, p. 8), is importance to manatees; and (4) linked web media that provide just within the numbers of a viable assessing the need to revise critical additional information about manatee population mentioned by Hunter et al. habitat. Important habitats for the harassment and user activities (Vicente (2012, p. 1631). The Service considers Florida manatee include winter sources 2015, pers. comm.). SeaWorld Orlando, the Puerto Rico Antillean manatee of warm water, forage, drinking water, through its permitted display of population as stable, as it did in the travel (or migratory) corridors, and rehabilitating manatees, reaches out to previous status assessment (USFWS sheltered areas for resting and calving. unprecedented numbers of visitors. The 2007, p. 33). Past and current aerial The most significant of these include display addresses the park’s rescue and surveys also serve to demonstrate that winter warm-water and winter foraging rehabilitation program and informs the the island-wide size and distribution of

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the Puerto Rico manatee population criteria for removing the subspecies Downlisting Criteria Listing/Recovery does not seem to have changed. In the from the List of Endangered and Criterion A 45 years that have passed since the Threatened Wildlife. Both downlisting species was listed, it can be said that, and delisting criteria include Listing/ 1. Identify minimum flow levels for according to the population numbers Recovery Factor criteria and important springs used by wintering and maintenance of the population’s demographic criteria. Criteria can be manatees. island-wide distribution, the Puerto found in Supplemental Document 1 in Minimum spring discharge rates that Rico manatee population has shown Docket No. FWS–R4–ES–2015–0178. consider estimated flow rates necessary resilient attributes for long-term A 2004 review of the demographic to protect water supply and support persistence in spite of past and present criteria noted that these criteria are overwintering manatees have been natural and anthropogenic threats. identified for some springs used by Major tasks for recovery include largely redundant and that (1) no manatees. Minimum flows were reduction of human-caused mortality, manatee population can grow at a fixed habitat protection, identification and rate indefinitely as limiting resources established at Blue Spring, Fanning control of any contaminant problems, will eventually prevent the population Spring, Manatee Spring, the Weeki and research into manatee behavior and from continuing to grow at that rate and Wachee River system and Weeki requirements to direct future the population will ultimately reach Wachee Springs, Homosassa Springs, management (USFWS 1986, Executive stability; (2) the reproductive criterion is and Chassahowitzka Spring. Florida Summary). The Service has already difficult to estimate and the modeling water management districts have identified important manatee habitat results are difficult to interpret; and (3) scheduled, or are in the process of and will continue to use and pursue demographic recovery criteria should be scheduling, minimum flow new strategies towards manatee habitat linked to statistically rigorous field data, requirements for the remaining springs protection together with the PRDNER. as well as to the specific population (see Table 3). These regulations will Planned research in the near future will models that are intended for their ensure that adequate flows are met to focus on manatee health assessments to evaluation. See previous review of support manatees. To date, minimum gain baseline information into potential demographic data in Florida Manatee flows have been adopted for six springs, contaminant problems and disease. Recovery Plan Objective 3. Absent and efforts are under way to develop demographic criteria for the Florida flows for two additional springs, Florida Manatee Recovery Plan manatee, we rely on more recent including the Crystal River springs The Florida Manatee Recovery Plan demographic analyses and a threats complex. The status of efforts to (USFWS 2001, entire) identifies criteria analysis of the five listing factors to for downlisting the Florida subspecies support our reclassification, instead of establish minimum flows for eight from endangered to threatened and the existing recovery criteria. remaining springs are unknown.

TABLE 3—PROJECTED TIMEFRAMES FOR ESTABLISHING SPRING MINIMUM FLOWS [From water management districts]

Adopted/year proposed Spring for adoption Notes

EAST COAST, FLORIDA

Upper St. Johns River Region: Blue Spring (Volusia County) ...... ADOPTED. Silver Glen Springs (Marion County) ...... UNKNOWN ...... To be initiated in 2017. DeLeon Springs (Volusia County) ...... UNKNOWN ...... Initiated in 2016. Salt Springs (Marion County) ...... UNKNOWN. Silver Springs (Marion County) * ...... UNKNOWN ...... To be initiated in 2017. Atlantic Region: No springs present ...... N/A.

WEST COAST, FLORIDA

Northwest Region: Crystal River System and Kings Bay Springs (Citrus County) ...... 2017. Homosassa River Springs (Citrus County) ...... ADOPTED ...... Revision due 2019. Weeki Wachee/Mud/Jenkins Creek Springs (Hernando County) .... ADOPTED. Manatee/Fanning Springs (Dixie County) ...... ADOPTED. Wakulla/St. Mark’s Complex (Wakulla County) ...... 2021. Ichetucknee Springs Group (Columbia County) ...... UNKNOWN ...... Initiated in 2013. Chassahowitzka River Springs (Citrus County) ...... ADOPTED ...... Revision due 2019. Rainbow Spring (Marion County) * ...... UNKNOWN. Southwest Region: Warm Mineral Springs (Sarasota County) ...... UNKNOWN. Spring Bayou/Tarpon Springs (Pasco County) ...... UNKNOWN. Sulphur Springs (Hillsborough County) ...... ADOPTED. * At present, largely inaccessible to manatees.

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2. Protect a network of warm-water activities. Commercial viewing activities or minimize impacts. Discharges and refuges as manatee sanctuaries, refuges, began in the early 1970s, and today’s runoff that could affect habitat are or safe havens. activities generate millions of dollars in addressed through the Clean Water A network of warm-water sanctuaries/ income to the region. Harassment Act’s NPDES permitting program, no-entry areas and refuges exists associated with this activity has been administered by FDEP with oversight throughout much of the Florida addressed through the purchase of from the Environmental Protection manatee’s range. Along the Atlantic properties of sensitive manatee habitat, Agency (EPA). Coast, all four of the primary power the designation of manatee sanctuaries 3. Reduce or remove unauthorized plant discharges have been designated and protected areas, the creation and take. as manatee protection areas and many operation of the Crystal River NWR in To address harassment at wintering lesser warm-water sites, such as the 1983, extensive outreach activities, and and other sites, the Service and State Coral Gables Waterway, are protected as enforcement of regulations prohibiting have designated manatee sanctuaries well. In the St. Johns River region, Blue manatee harassment. The Service and no-entry areas where manatees rest Springs is in public ownership, and the adopted the Kings Bay Manatee Refuge and shelter from the cold free from spring and run are protected. The four rule in 2012 (77 FR 15617; March 16, human disturbance. Federal, State, and primary west Florida power plants are 2012) to expand existing sanctuary local law enforcement officers enforce designated as sanctuaries/no-entry boundaries, better address manatee these restrictions and address any areas, and significant warm-water harassment occurring off refuge violations that occur outside of the springs in Citrus County are designated property, and minimize watercraft- protected areas. as sanctuaries. Efforts are ongoing to related deaths in Kings Bay. The rule improve conditions and management of identifies specific prohibitions that can Downlisting Criteria, Listing/Recovery southwest Florida’s Warm Mineral be enforced through the issuance of Criterion E Springs. See Supplemental Document 2 citations (USFWS 2012). Crystal River 1. Create and enforce manatee safe in Docket No. FWS–R4–ES–2015–0178. NWR recently adopted measures to help havens and/or Federal manatee refuges. 3. Identify foraging sites associated prevent any harassment in Three Sisters To date, the Service and State have with the network of warm-water sites Springs and is considering further created more than 50 manatee for protection (see Criteria 4 below). measures as the situation requires. protection areas, and protection area 4. Identify for protection a network of measures are enforced by the Service, migratory corridors, feeding areas, and Downlisting Criteria, Listing/Recovery Criterion C U.S. Coast Guard, FWC, and local law calving and nursing areas. enforcement officers. The Service’s Extensive research, including aerial At the time the recovery plan was Office of Law Enforcement has surveys and field studies of tagged developed, there was no data indicating dedicated manatee law enforcement manatees, has identified many of the that disease and predation was a officers in Florida to address manatee foraging sites associated with the limiting factor, thus no reclassification enforcement issues. Service National Florida manatee’s warm-water network, (downlisting) criteria for this threat was Wildlife Refuges have refuge law as well as migratory corridors, resting deemed necessary and, consequently, enforcement officers who enforce on areas, and calving and nursery areas. In no delisting criteria were established. and off refuge manatee regulations as many of these areas, manatee protection time and resources allow. area measures are in place to protect Downlisting Criteria, Listing/Recovery 2. Retrofit one half of all water control manatees from watercraft collisions. Criterion D structures with devices to prevent State and Federal laws afford some Specific actions are needed to ensure manatee mortality. protection against habitat loss in these the adequacy of existing regulatory areas (see Factor D discussion below). mechanisms as addressed below. Water control structures are flood For example, the Clean Water Act 1. Establish minimum flows gates that control water movement and ensures that discharges into waterways consistent with Listing/Recovery navigation locks that allow vessel used by manatees are not detrimental to Criterion A. passages through dams and grass beds and other habitat features See discussion under Listing/ impoundments, such as those associated used by manatees. Recovery Criterion A, above. with Lake Okeechobee. Manatees travel 2. Protect important manatee habitats. through these structures and are Downlisting Criteria, Listing/Recovery Important manatee habitats have been occasionally killed when structures are Criterion B identified and protected through a closed or opened. Manatee protection 1. Address harassment at wintering variety of means. Manatee habitat is devices installed on these structures and other sites to achieve compliance protected through land acquisition and prevent manatee deaths. See discussion with the Marine Mammal Protection Act various Federal and State laws. in ‘‘South Florida Multi-Species (MMPA) and the Endangered Species Important acquisitions include Blue Recovery Plan, West Indian Manatee.’’ Act and as a conservation benefit to the Spring in Volusia County and the Main To date, all but one water control species. Spring, Three Sisters Springs, and structure has been retrofitted with To address harassment at wintering Homosassa Springs in Citrus County. manatee protection devices. Efforts are and other sites, the Service and State Land managers for these sites manage ongoing to complete installation at the have designated manatee sanctuaries habitat to benefit manatees. To ensure remaining site. This action has and no-entry areas to keep people out of that these habitats and habitat in public significantly reduced the impacts of sensitive wintering sites. Federal, State, waterways are protected, regulatory control structure related manatee injury and local law enforcement officers agencies such as the Army Corps of and death; such injuries or deaths are enforce these restrictions and address Engineers, the Florida Department of now relatively rare. any violations that occur outside of the Environmental Protection (FDEP), State 3. Draft guidelines to reduce or protected areas. water management districts, and others remove threats of injury or mortality Kings Bay, located in Crystal River, review permit applications for activities from fishery entanglements and Florida, is a world-renowned that could adversely modify or destroy entrapment in storm water pipes and destination for manatee viewing habitat and require permittees to avoid structures.

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Some measures have been developed winter warm-water habitat as the occur: Florida and Puerto Rico. We also to reduce or remove threats of injury or greatest threats to this subspecies sent the proposed regulation to the mortality from fishery entanglements, (Runge et al., 2015). The designation, States in the remainder of the manatee’s and steps are being taken to minimize marking, and enforcement of manatee range, including Texas, Louisiana, entrapments in storm water pipes and protection areas in areas where Mississippi, Alabama, Georgia, South structures. Measures to address fishery manatees are at risk of watercraft Carolina, North Carolina, and Virginia. entanglements include monofilament collision, in addition to outreach efforts We received written comments from the recycling programs and derelict crab focused on minimizing this threat, Florida Fish and Wildlife Conservation trap removals; these two programs addresses this concern. Numerous Commission (FWC). We did not receive address primary sources of manatee efforts have been made and are ongoing official comments from the Puerto Rico entanglement. Storm water pipes and to protect and enhance natural warm- Department of Natural and structures large enough for manatees to water sites used by wintering manatees. Environmental Resources (PRDNER). enter are designed to include features Addressing the pending loss of warm- One of the peer reviewers is also a that prohibit manatee access. Existing water habitat from power plant biologist in the PRDNER Marine structures are re-fitted with bars or discharges remains a priority activity Mammal Stranding Program. The other grates to keep manatees out. In the event needed to achieve recovery. States did not respond to our request. of entanglements or entrapments, the Summary of Comments The FWC agreed with our determination manatee rescue program intervenes. as it relates to the Florida subspecies. There are very few serious injuries or In the proposed rule published on The PRDNER peer reviewer did not offer deaths each year due to these causes. January 8, 2016 (81 FR 1000), we support for this determination as it Guidelines to minimize gear-related requested that all interested parties relates to the Antillean subspecies and entanglements associated with netting submit written comments on the provided comments. proposal by April 8, 2015. On January activities have been developed. We requested comments from tribes 13, 2016, the date closing the comment Similarly, guidance has been developed found within the range of the Florida period was corrected to read April 7, to reduce entrapment in storm water manatee and received responses from 2016 (81 FR 1597). We also held a pipes and structures. See Factor E for the Miccosukee Tribe of Indians of public hearing on February 20, 2016, at additional information. Florida and the Seminole Tribe of the Buena Vista Palace Conference Remaining tasks to address the Florida. The Seminole Tribe had no Center in Orlando, Florida. The Service recovery of the Florida manatees comments on the proposed rule. The include: also contacted appropriate Federal and State agencies, scientific experts and Miccosukee Tribe stated that it • Continue to address pending organizations, tribes, and other disagreed with the proposed rule. changes in the manatees’ warm-water interested parties and invited them to Specifically, the Miccosukee Tribe network (develop and implement comment on the proposal. stated that it was concerned about the strategies). In accordance with our peer review long-term survival of the species due to • Support the adoption of minimum policy published on July 1, 1994 (59 FR its cultural significance and that threats flow regulations for remaining 34270), we solicited independent expert to the manatees’ habitat (including important springs used by manatees. opinion from 10 knowledgeable warm-water habitat and loss of sea • Protect and maintain important individuals with scientific and grass) must be mitigated before the manatee habitat. conservation expertise that included species can be responsibly downlisted. • Continue to maintain, adopt, and familiarity with the two subspecies of In an effort to encourage international enforce manatee protection areas as the West Indian manatee and their comments, we advised species experts appropriate (continue to fund law habitat, biological needs, and threats. and governmental representatives in enforcement activities and manatee We received responses from four of the other countries within the species’ range protection area marker maintenance). peer reviewers. We reviewed all about the Service’s status review and • Continue to address instances of comments we received from the peer requested that they send information manatee harassment. reviewers for substantive issues and about Antillean manatees. The Service • Continue to review and address new information regarding the status of made this contact through emails sent to warm- and freshwater discharges and the West Indian manatee. None of the species experts identified in UNEP’s boat facility projects that affect peer reviewers who responded agreed Regional Management Plan for the West manatees. with the proposal to reclassify the Indian manatee (2010, Appendix III). • Maintain and install manatee manatee as threatened (see Peer We also advised attendees at the protection devices on existing and new Reviewer comment section below for December 8–13, 2014 Cartagena water-control structures. more details). Convention that the Service was • Continue manatee rescue and Section 4(b)(5)(A)(ii) of the Act states evaluating the status of the West Indian rehabilitation efforts, including efforts that the Secretary must give actual manatee and was requesting additional to minimize the effect of manatee notice of a proposed regulation under information to assist in its review. In entanglements and entrapments. section 4(a) to the State agency in each addition, during the Seventh • Continue to monitor manatee State in which the species is believed to International Sirenian Symposium in population status and trends. occur, and invite the comments of such December 2015, the Service announced • Continue manatee education and agency. Section 4(i) of the Act states, that the 12-month finding would be outreach efforts. ‘‘the Secretary shall submit to the State published in January 2016. The The Florida manatee population, agency a written justification for his Symposium included a significant estimated at about 6,350 manatees, is failure to adopt regulations consistent number of international manatee characterized by good adult survival with the agency’s comments or experts, researchers, and managers, rate estimates and positive breeding petition.’’ The Service submitted the including those with expertise in West rates. The recently updated threats proposed regulation to the two State and Indian manatees. We received very few analysis continues to identify losses due territorial agencies where most West responses from these sources regarding to watercraft and projected losses of Indian manatees in the United States manatees outside the United States.

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In all, we received 3,799 public morphologically distinct subspecies, The best available scientific and comments, including petitions signed they merit independent consideration commercial data support our finding. by 75,276 individuals. The petitions did for purposes of listing decisions under (5) Comment: The MMC reiterated its not include substantive comments, but the Act. They also noted that earlier recommendations that FWS (1) simply included statements to the effect improvement in the status of the Florida complete a review of the unprecedented that those signing them did not support subspecies and reduction in the threats manatee cold stress and red tide-related the Service’s proposed reclassification it faces should have no bearing on a die-offs in recent years (i.e., 2009–2013), of the West Indian manatee. We listing decision for the Antillean (2) estimate past trends in the frequency identified 59 substantive comments, subspecies. of such die-offs and project those from all sources, to which we respond Response: The 12-month finding and estimates into the future, and (3) assess below. proposed rule addressed the petition we the effects of anticipated power plant received requesting that the West Indian closures on the long-term viability of State, Federal, Tribal, International, manatee be reclassified from Florida manatees and the likelihood that and Peer Reviewer Comments endangered to threatened under the Act. natural warm-water refuges will be (1) Comment: Both the FWC and The petition received was for the listed sufficient to support existing levels of Miccosukee Tribe shared their concerns entity, which is the West Indian manatees as refuges currently provided that there is still work to be done to manatee. As such we conducted an by power plants are lost. ensure that the conservation gains we assessment of the status of the species Response: The Service relies on the have made to help make this as a whole. Therefore, our proposed rule Manatee Core Biological Model (CBM) determination are maintained. In and the analysis of status and threats (Runge et al. 2015) and other sources of particular, one important task is addressed the entire listed entity. The information to evaluate the effect of the restoring and protecting a sustainable assessment found that the species as a 2009–2013 die-off events, as well as to network of warm-water habitat for the whole warrants listing as threatened. estimate the effect of similar Florida subspecies. The Service will continue to monitor occurrences in the future. The Service Response: For the southeastern the status of the species, including the received a CBM update on September United States, we identified the lack of status of both subspecies. 28, 2016, wherein the modelers asserted protection or security of warm-water (4) Comment: The MMC maintained that the Florida manatee population habitat as one of the two remaining that, in order to support the proposed could withstand events similar to those principal threats in the proposed rule action to reclassify the species from of 2009–2013. The modelers planned to (reference 81 FR 1000 and 81 FR 1016) endangered to threatened, FWS needs to further evaluate the effect of future for the West Indian manatee. We look show that the taxon’s status at the time multiple events of varying magnitude. forward to the progress we can make of the original listing was in error given During the update, the modelers with our conservation partners to ensure new information, that the taxon’s described a post- power plant discharge we preserve sustainable spring flows abundance has increased to the point future whereby Florida manatees would and good water quality for key warm- where it no longer is in danger of persist, assuming measures were in water sites that manatees depend on in extinction, or that, even if the taxon’s place to protect natural and non-human Florida. We support restoration efforts population size has not grown dependent sources of winter warm and planning that is under way to make appreciably, the threats to its existence water. more springs accessible to manatees and have been abated to the point where Peer Reviewer Comments protect habitat for the long term. they no longer present a risk of (2) Comment: FWC expressed support extinction. The Service’s analyses need (6) Comment: A peer reviewer for the manatee protections that are to focus on why the status of the expressed concern about Castelblanco- currently in place and shared that they species, as a whole, has improved to the Martı´nez et al.’s (2012) model are important factors that have brought point, and/or that threats have been assumption that the Antillean manatee us to this point. They stated that reduced to the point, where it no longer population is a metapopulation. The maintaining these existing protection is in danger of extinction throughout all peer reviewer stated that this measures and other key recovery actions or a significant portion of its range. assumption was invalid. will be essential in sustaining manatees Response: The factors for listing, Response: The metapopulation and moving them closer to recovery. delisting, or reclassifying species are assumption is supported by information Response: We agree. The Service is described at 50 CFR 424.11. Based on that suggests that, while both genetic working diligently with long-time the Service’s analysis of the best and geographical barriers exist within partners including the FWC, local and available scientific and commercial the West Indian manatee’s range, there city governments, and law enforcement data, the West Indian manatee has a is genetic admixture and long-distance at many levels to continue to reduce the relatively medium to large range-wide travel, even between the Florida and few remaining threats to the Florida population with continuing threats that Antillean subspecies’ range (Garcı´a- subspecies such as watercraft collisions are being addressed to varying degrees. Rodrı´guez et al. 1998, Vianna et al. or boat strikes. The substantial Although the species is not presently 2006, Hunter et al. 2010, Nourisson et reduction in watercraft collisions and considered in danger of extinction al. 2011). Thus, it is logical to assume boat strikes will be critical to the (endangered), the population size, a certain degree of interaction between recovery of the manatee. When this final uncertainties and failure to address some of the six subpopulations as rule becomes effective, all protective identified threats (including poaching, described by Castelblanco-Martı´nez et measures such as manatee protection watercraft collisions, habitat loss and al. (2012, p. 131). The Service areas, manatee sanctuaries, and no wake fragmentation, the loss of the Florida recognizes that some interactions seem and speed limit zones will remain in manatees’ warm-water habitat, and unlikely, and this assumption is place. others) make this species likely to captured by the model; for example, (3) Comment: The Marine Mammal become endangered in the foreseeable interactions between the Greater Commission (MMC) commented that, future (threatened), which we have Antilles subpopulation (1) and the because Florida and Antillean manatees determined is 50 years (see Summary of Brazil subpopulation (6) are unlikely to constitute genetically and Factors Affecting the Species section). occur, in which case Castelblanco-

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Martı´nez et al. (2012) assigned the that the Antillean manatee could indicate that in the entire range of T.m. lowest migration rate (1 percent). become extinct in the next 50 years manatus, there might be as many In addition, Castelblanco-Martı´nez et (foreseeable future). For example, the manatees as there are in Florida. The al. (2012, p. 132) did not assume Go´mez et al. (2012, pp. 75–76) model discussion about T.m. manatus inbreeding depression based on the results show that the extinction risk in mortality on 81 FR 1004 seems oddly available information on the sporadic 100 years was only equal or greater than biased, as it leaves out deliberate and long-distance movements of manatees 10 percent when the manatee incidental take in nets, a major source between some subpopulations. population sizes were 50 individuals or of mortality in many countries outside Furthermore, although there may be less, with a combination of some of the of the U.S. and PR, as well as other inbreeding accumulation in some highest adult mortality and habitat loss sources of mortality. Perhaps this is a populations, in Belize, there are no values. We clarify that in the proposed text organization problem, as there is indications of decreased fitness (Hunter rule we did not describe the Antillean more discussion about mortality on 81 et al. 2010, p. 598); and, to our manatee population as stable, but rather FR 1007. There is great uncertainty knowledge, in the rest of the range of as declining throughout most of its about the status of T.m. manatus the West Indian manatee, fitness is not range, based on the available throughout its range.’’ decreased. Thus, whether or not the information. As human populations Response: The Service was petitioned metapopulation assumption is invalid, within the species’ range continue to to evaluate the status of the West Indian our final rule decision would not be grow (Marsh et al. 2012, p. 321) so too manatee across its entire range and not different. The metapopulation model is will resultant increases in human- only the Antillean subspecies or the only one of several parameters we related threats to manatees and the West Puerto Rico population. We did not evaluated for the status review and this Indian manatee population. Remaining intend to imply in our proposed rule listing determination. and increasing human-related threats that the Puerto Rico population is the (7) Comment: A peer reviewer pointed that, if not addressed, will likely lead home base for the Antillean manatee out Hanski and Gilpin’s (1991) the species towards being endangered in population. The Puerto Rico population observation that some metapopulations the foreseeable future include habitat is, however, one of the populations for characterized by historical, continuous, loss, degradation, and fragmentation; which more current and reliable spatial distribution are no longer watercraft collisions; poaching; and information is available and one of the functioning as metapopulations because others. We will continue to monitor the few populations within the species’ of habitat fragmentation that causes the status of human-related threats and the range that is thought to be at least stable limited dispersal of individuals such Florida subspecies. and for which threats such as poaching that localized populations become (9) Comment: A peer reviewer stated no longer occur. In addition, fisheries- extinct. The peer reviewer stated that that, based on recent studies in the related take of manatees in Puerto Rico this is what has happened to the Tabasco area of Mexico and in the rivers is considered a minimal threat, given Antillean manatee. The peer reviewer and lagoons of Chiapas and Campeche there are only four documented manatee stated that, in the past, the manatee was in the Gulf of Mexico, manatee counts fisheries-related deaths in 34 years present in the Lesser Antilles (Lefebvre are lower than previously thought. (PRDNER unpubl data). In making our et al. 2001) where it was driven to Accordingly, the Mexican manatee determination, the Service identified the extinction and that the manatee has not population could be lower than earlier different threats and challenges that re-established itself there because estimates that relied on expert opinion affect each subspecies (Florida and individuals no longer disperse into this and anecdotal information. Antillean). In addition, we also region. Response: We appreciate the recognized that there is more Response: The Service relied on additional information. In our proposed uncertainty, with the Antillean manatee Castelblanco-Martı´nez et al.’s (2012) rule, we cited population estimates from population numbers (Table 1) and model for the metapopulation of UNEP (2010, p. 11), Castelblanco- threats, than with the Florida manatee Antillean manatees as part of its best Martinez et al. (2012, p. 132) and Martin population. Mortality is discussed in available information used to assess the et al. (2015, p. 44) and estimated the greater detail under the Summary of status of the subspecies (see Comment population for Mexico at 1,500 animals. Factors Affecting the Species section of 6). Although there are records that The commenter stated that the the proposed and this final rule. We manatees did occur in the Lesser population in Mexico was between specifically discussed mortality caused Antilles in historical times, manatees 1,000 and 2,000 animals. This estimate by nets under the Fishing gear section are generally considered to have been is consistent with the referenced of Factor E. rare in that region and were potentially material and is noted in Table 1. (11) Comment: A peer reviewer stated wanderers that moved among the (10) Comment: A peer reviewer wrote that the basis for the proposed rule is islands of the Lesser Antilles (Lefebvre that it is unfortunate that downlisting is the population estimate for the Florida et al. (2001, p. 460). being considered now for the West manatee (6,350) and for the Antillean (8) Comment: A peer reviewer Indian manatee in Puerto Rico. The peer manatee in Puerto Rico (532). From observed that a PVA has not been reviewer stated that ‘‘there are legal those numbers, without a thorough PVA conducted for both of the subspecies, or reasons for doing so, but ecologically being conducted for the Antillean for the species throughout its range. A and biogeographically, it does not make manatee in Puerto Rico, a conclusion is preliminary PVA conducted for the sense. The situations for the Antillean made that the numbers reflect a low Antillean manatee indicated that the manatee and the Florida manatee are percentage of this animal becoming population is far from stable (Arriaga et almost inverses of each other. Florida is extinct in the next 50 years. Again, the al., in Go´mez et al., 2012, entire.). the home base for T.m. latirostris, and conclusion is being driven by the status Response: The Service appreciates the there are sufficient data for population and information of the Florida manatee. Go´mez et al. (2012) reference modeling to show that the population The information included for the (unpublished report) and, after has grown. Puerto Rico is certainly not Antillean manatee is only for those in reviewing the new information, we the home base for T.m. manatus, and Puerto Rico and lacks information for all maintain the model is consistent with the expert opinions and guesstimates other range countries. The estimate of our analysis that there is a small chance from biologists in other countries 532 individuals for the manatee

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population in Puerto Rico is an adjusted to sustain a large manatee population. In longer occurs in a few regions, and has mean, which was recently calculated addition, the discussion does not take been reduced in others (UNEP 2010, based on 2010 data. That number has a into account that the scant research entire; Marsh et al. 2011, p. 386). 95 percent equal area confidence conducted until now regarding manatee However, the Service recognizes that interval (CI) of 342–802. Based on feeding habitat in Puerto Rico suggests some of the small and declining manatee sightings and the lack of that the Antillean manatee might be a populations of the Antillean manatee knowledge by people living on our more specialized sea grass grazer than subspecies are most likely not able to coasts regarding manatee presence, it is the Florida manatee (Lefebvre et al., sustain continued illegal poaching. The likely that the manatee population in 2000). This characteristic might be true Service will continue to gather Puerto Rico is on the low range of that for the Antillean manatee throughout its information on the poaching threat to CI. Having only 342 individuals, and range. West Indian manatees and will reach considering threats, habitat degradation, Response: The Service specified that, out to these countries to assist them illnesses, habitat displacement, and so although the immediacy and magnitude with their efforts to address this and on, this subspecies had a high of the degradation and loss of manatee other threats as resources permit. percentage of going extinct in the next habitat varies across the species’ range, (14) Comment: A peer reviewer said 50 years or at least ceasing to be viable. available manatee foraging habitat does that the proposed rule stated that the Response: In making our not seem to be a limiting factor for the inadequacy of existing regulatory determination, we evaluated and West Indian manatee, including Puerto mechanisms is a moderate threat to the presented the best available information Rico (Lefebvre et al. 2001, entire; Orth West Indian manatee. The reviewer on the status and threats of the West et al. 2006, p. 994; UNEP 2010, entire; further stated that, ‘‘from that analysis, Indian manatee across its entire range Drew et al. 2012, p. 13). In addition, the [if] we take out the considerations that and not just the Florida and Puerto Rico commenter did not provide additional apply only to the Florida manatee, populations. This information indicates information that indicates that a where many measures are in place, we that West Indian manatees are seagrass or foraging area limitation or could conclude this is a significant distributed across its entire range (see specialization is decreasing manatee threat. As mentioned throughout these Table 1) and several of these fitness or causing manatee mortalities in comments, the lack of implementation, populations are relatively large and Puerto Rico. The Service will continue enforcement and oversight make many have proven they can withstand to monitor research regarding manatee of the conservation strategies inefficient stochastic events, such as extreme foraging behavior and potential effects or fruitless. Downlisting the species may localized cold events. Based on two of degraded foraging habitat on the not have an impact in the Florida published population models manatee population. manatee, but it will in the Antillean (Castelblanco-Martı´nez et al. 2012; (13) Comment: A peer reviewer noted manatee. Ruling and conservation Runge et al. 2015) and a threats analysis, that poaching is a major threat measures, that are not currently strong we concluded that there is a small throughout most of the countries within enough because of lack of enforcement, chance that the West Indian manatee the range of the Antillean manatee. This will be more lenient.’’ (not the Puerto Rico Antillean manatee is a threat that could bring the species Response: In evaluating this factor, population) could become extinct in the to extinction and was actually the Service specified that, although next 50 years and this species would responsible for causing the extinction of numerous regulatory mechanisms are in retain its general distribution on the populations in some countries. effect, challenges in the enforcement of landscape. As such, the West Indian Poaching is a clear and present threat these regulatory mechanisms exist. manatee (range wide) is not in danger of for the Antillean manatee and should Based on the overall comments received extinction (endangered), but rather, the not be discounted just because the regarding this factor, regulations to species range-wide is likely to become Service is confident that initiatives protect manatees may not be as effective endangered in the foreseeable future (50 being pursued will have a positive elsewhere as they are within the United years) (threatened). The peer reviewer outcome. Furthermore, while foreign States and Puerto Rico. Thus, the also submitted an unpublished governments have instituted regulations Service recognizes that the lack of or population model for the Antillean to address poaching, it is widely inability to enforce regulatory manatee (Arriaga et al., in Go´mez et al., acknowledged that some countries have mechanisms can have negative 2012, entire) that is consistent with our few resources to enforce regulations and consequences for the West Indian determination (see Comment 8). The that these countries are unlikely to manatee. However, because the manatee commenter provides no additional minimize this threat anytime soon. is listed in Appendix I of the information as to why the Puerto Rico Response: The Service has not Convention on International Trade in population is likely to go extinct or discounted the threat of poaching and Endangered Species of Wild Fauna and cease to be viable within the next 50 referenced Marsh et al. (2011, p. 265) to Flora (CITES), there are protections that years. conclude that poaching is a major threat will remain in place following (12) Comment: A peer reviewer to the manatee population outside of the downlisting under the Act. See Factor commented that the discussion on southeastern United States (which D, Inadequacy of Existing Regulatory Puerto Rico’s habitat threat focuses on includes Puerto Rico). Some Mechanisms. An Appendix I listing the sea grass areas as the main manatee information suggests that manatees includes species threatened with habitat. Although the proposed rule became extinct in a few islands in the extinction whose trade is permitted only acknowledges that the data collected by Lesser Antilles, likely due to hunting. under exceptional circumstances, which PRDNER indicate that sea grasses are However, records documenting generally precludes commercial trade. being severely impacted by historical manatee presence suggest that The import of specimens (both live and anthropogenic actions, which leads to a they were rare in the region and were dead, as well as parts and products) of decrease in sea grass density and habitat potentially wanderers that moved an Appendix I species generally fragmentation, the information leads to among the islands of the Lesser Antilles requires the issuance of both an import the conclusion that sea grass is not a (Lefebvre et al., 2001, p. 460). Currently, and export permit under CITES. Import limiting factor, even when it is we believe that even though poaching permits are issued only if findings are unknown how much sea grass is needed may still occur in some regions, it no made that the import would be for

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purposes that are not detrimental to the 9). They also mentioned that their review of the species’ population survival of the species in the wild and model did not take into account the biology and also relied on models, that the specimen was lawfully acquired effects of climate change that could including Castelblanco-Martı´nez et al. (including under foreign domestic law). definitively have an important impact (2012), to evaluate the effect of known Protections under the Act will remain in on population viability by increasing threats on this population. Castelblanco- effect. the frequency and intensity of stochastic Martı´nez et al. (2012) used this (15) Comment: One peer reviewer events. information in their model runs and stated that Deutsch et al.’s (2008) Response: We clarify that we used the discussion of various population suggestion, that numbers of Antillean Castelblanco-Martı´nez et al. (2012) scenarios and concluded that the manatees were likely to decline by 10 model only in our evaluation of the Antillean manatee population is percent over the next three generations Antillean manatee subspecies, and used experiencing positive growth, using (∼60 years), more generally reflects the Runge et al. (2015) model to their model parameters, which the expert opinion than do the results of the evaluate the Florida manatee Service considered in this rule. (Refer to Castelblanco-Martinez et al. (2012) subspecies. We used other best available the Population Trends section for analysis. information, in addition to the models, greater detail on this model). For Response: The Service referenced in the proposed and this final rule for example, it assumes that all threats have Deutsch et al. (2008) in the first the West Indian manatee. We an equal effect on the different paragraph of the Population Trends acknowledge that Castelblanco-Martı´nez subpopulations. Our threats assessment section of the proposed rule and this and co-authors presented several considered the best available scientific final rule. We clarify that the expected scenarios for the Antillean manatee and commercial information, including 10 percent rate of decline was specified population and note that these were published models, scientific papers, for the West Indian manatee, listed by accounted for in our assessment. The reports, and other reliable information. IUCN as Vulnerable, and not the Service considered all scenarios and Please refer to Comments 8 and 11 and Antillean manatee, listed by IUCN as models as well as known threats when the Population Trends section for Endangered. In addition, no further making our determination that this further discussion on Castelblanco- information was provided by the species is now threatened throughout all Martı´nez et al. (2012). commenter as to why Deutsch et al. or a significant portion its range (rather (18) Comment: The analysis by Runge (2008) more generally reflects expert than endangered). Please refer to the et al. (2015) provides results that are opinion than do the results of beginning of the Summary of Factors credible only if one makes certain Castelblanco-Martı´nez et al.’s (2012) Affecting the Species section, which questionable assumptions (e.g., threats analysis. The Service recognizes that the describes the difference between will not increase, etc.). The commenter available information suggests the endangered and threatened species. We believes that the proposed extinction Antillean manatee may be declining also added further discussion of the probabilities may be inappropriately throughout most of it range. However, model under the Population Trends optimistic and that the model results considering the best available section. should be considered with caution and information on the present status of the Finally, the Service believes that the recognized only as the best-case West Indian manatee and the factors effects of climate change were scenario. that may threaten it, the Service considered in the model which used Response: The Manatee CBM maintains the species does not meet the hurricane frequency data (catastrophic integrates an understanding of current definition of an endangered species. events) (Castelblanco-Martı´nez et al. and foreseeable threats in a common Please refer to the section entitled 2012, p. 136). The authors explain that risk analysis framework. It projects a Summary of Factors Affecting the the modeled ‘‘variation in the intensity risk of extinction under the status quo Species. and frequency of hurricanes did not (current scenario) and can address lead to any important changes in the questions such as, ‘‘If a threat is reduced Public Comments population growth curves’’ for the by 50 percent, how much would the Antillean manatee population extinction risk be expected to decline?’’ Comments on Topics That Apply to (Castelblanco-Martı´nez et al. 2012, p. The model provides a tool for assessing Population Models 138). For additional information on growing and changing threats (Runge et (16) Comment: We received several potential effects due to climate change al., 2015, p. 2). The Service believes that comments on our use of the Antillean on the West Indian manatee, please refer model results are a fair depiction of the manatee model presented in the to the discussion in Factor E section. current state of knowledge that Castelblanco-Martı´nez et al. (2012) (17) Comment: The FWS proposed appropriately incorporates and publication. Commenters included the rule contradicts the Castelblanco et al. articulates uncertainty. The Service author and co-authors, who sent a letter (2012) PVA conclusion that the considered CBM-derived probabilities of to clarify in part that their article Antillean manatee population is extinction for the Florida manatee in the addressed a potential growing trend experiencing positive growth, as the context of many additional sources of only in the Antillean manatee FWS cites a number of sources of expert information in its evaluation of the subspecies and not the Florida manatee and local opinions to state that in most status of this subspecies and the species subspecies. They also stated that the of the countries Antillean manatee at large. results of the model were misinterpreted populations are declining. (19) Comment: The proposed rule and in the proposed rule and highlighted Response: In our rule, we discuss all CBM did not take into account the cold information in their paper to support available information that indicates weather, Indian River Lagoon, and red their claims. The authors identified either positive growth rates or tide die-off events that occurred model projections that would lead to the population declines. Both the Service between 2010 and 2013. extinction of the Antillean manatee and Castelblanco-Martı´nez et al. (2012) Response: The proposed rule took population under different levels of risk, cite sources that state that the Antillean into account the die-off events in its including specific increases in human- manatee population appears to be review of population trends. See related mortality and/or habitat declining throughout most of its range. proposed rule of January 8, 2016, at 81 fragmentation (Models 2, 3, 5, 6, 8 and We included these sources in our FR 1005. However, the CBM, which

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evaluates the effect of various threats on habitat, the use of expert opinion diversity throughout the range, potential the Florida manatee population, did not provides a reasonable assessment of reduced fitness and extensive evaluate these events because 2010– carrying-capacity for this review. With distribution of populations across its 2013 adult survival rate estimates this said, there is still considerable range (refer to Table 1), among others, needed for the model runs were not uncertainty about warm-water capacity, must also be considered. Another available when this rule was written. including its magnitude and the approach is to utilize existing data to Please see discussion in the proposed mechanism by which it affects manatee conduct stochastic population modeling rule, Population Trends. population dynamics. We will continue and extinction risk assessment, such as (20) Comment: The Service relied on to monitor the status of the manatee and those conducted by Castelblanco- Runge et al.’s (2015) CBM to evaluate its habitat. Martı´nez et al. (2012) and Runge et al. extinction probabilities. The validity of (22) Comment: One commenter (2015). For example, for the Antillean model results depends on the expressed the opinion that Runge et al.’s manatee population, the Castelblanco- completeness and quality of data for (2015) model does not consider an Martı´nez et al. (2012) model did not critical parameters, as well as up-to-date extensive seagrass die-off in Brevard show any significant response to information. The commenter stated that County, which is arguably the most variations in the assumed initial he does not believe that the data used important habitat for manatees in the population sizes, using 1,675 as the by Runge et al. (2015) are always the world. The Miccosukee Tribe expressed lowest initial population size value and best available and is concerned that the a similar concern about the effect of the 6,700 as a reasonable value for their model did not consider sublethal loss of seagrass on manatees. baseline model (Castelblanco-Martı´nez effects. In particular, the commenter Response: While Runge et al. (2015, p. et al. 2012, p. 137). The Castelblanco- noted the CBM did not use adult 1) does not factor in this loss of seagrass Martı´nez et al. (2012) approach survival rate estimate data for the 2010– directly, it noted this occurrence and represents the best science and provides 2013 die-off years. Because of this, the considered it and the coincidental loss sound estimates of the Antillean commenter expressed a belief that of manatees in Brevard County. The manatee numbers. certain projected outcomes may be model forecasts the Florida manatee (24) Comment: Some commenters, unrealistic and inappropriately population under different threat including the Miccosukee Tribe said optimistic. scenarios and addresses environmental, that it is unclear why the FWS feels Response: Data used by Runge et al. demographic, and catastrophic justified to downlist the Antillean (2015) were the best, most complete stochasticity. In short, catastrophic manatee since the agency’s own 12- data available through December 2012. losses such as the loss of seagrass in month finding cites that ‘‘population Data used for this analysis included data Brevard County are broadly considered trends are declining or unknown in 84 collected more recently (manatee photo- in model projections which suggest that percent of the countries where manatees identification data used to calculate the population can withstand such are found.’’ adult survival rate estimates). However, events. Response: A species can be declining adult survival rates for periods beyond and not necessarily be endangered. In Comments on Topics That Apply to this date could not be calculated making our determination, the Service Antillean Manatees because of an end of time series bias concluded that the West Indian manatee inherent in the analyses. The authors (23) Comment: Uncertainty of is not currently endangered but is likely described strengths and weaknesses [population] estimates for the Antillean to become endangered in the foreseeable associated with the data; adult survival manatee, acknowledged by the Service future (threatened). On the basis of our rates used in the model runs were to be conjectural, are highly unreliable analysis, we find that many threats current through winter 2008–2009 and and do not comport with the statutory (habitat loss and fragmentation, more recent rates were not available due requirement for listing decisions to be watercraft collisions, loss of the Florida to inherent backlogs associated with based on the best available scientific manatees’ winter warm water habitat, processing data. The CBM does include information. The FWS also does not and others) have been reduced but a number of sublethal effects. For explain why it did not select a lower, continue to exist; these threats are example, sublethal effects are captured more conservative population estimate expected to persist and may escalate in in the mark-recapture estimates of or at least cite a range of possible the future. New and ongoing survival and some sublethal effects on population estimates for the Antillean conservation efforts will be needed to reproduction, such as that which occurs manatee. prevent the species from becoming during red-tide years, are also captured. Response: The Service identified the endangered in the foreseeable future. (21) Comment: CBM assumptions range of possible population sizes in the Since most of the Antillean manatee about the carrying capacity of warm- Population Size section of the proposed population is thought to have a water refugia should be re-assessed and the final rule. In this final rule, we declining or unknown trend, existing or using a more applied process than have also edited Table 1 to include the new potential threats, if not addressed, expert opinion. minimum population estimates for the may lead the species towards being Response: Model assumptions West Indian manatee across its entire endangered in the foreseeable future. regarding the carrying-capacity of warm- range based on the best available This is consistent with the Act’s water sites considered expert valuations information and recognizing the definition of a threatened species. of numbers of manatees that could uncertainties in the data. Our estimate Please refer to the Summary of Factors survive variably severe winters. of the total West Indian manatee Affecting the Species, which describes Considerations included the spatial population currently ranges between the difference between endangered and extent of thermal refuges, the 8,396 and 13,142 (Table 1). Population threatened species. availability of food resources in size, while an important component (25) Comment: The FWS fails to proximity to those refuges, and the regarding a species’ status, is not the evaluate the status of the population in behavior of manatees, including their only factor that should be assessed the rest of the Caribbean (outside of tolerance for human disturbance. The when evaluating a species’ survival. Puerto Rico) and fails to adequately Service believes that, absent a Factors such as mortality, resilience to evaluate the five statutory criteria with quantitative valuation of warm-water withstand stochastic events, genetic respect to the entire range of the species,

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as threats to these populations are Florida (Laist and Shaw 2006, p. 473) immediacy and the magnitude of threats increasing and enforcement for the The Service recognizes that Belize vary across the West Indian manatee’s Antillean manatee is lacking. represents one of the largest Antillean range. The commenter did not provide Response: The Service evaluated the manatee populations, and we are additional information on threats for the status of the West Indian manatee across concerned about the increased manatee species beyond that already considered its entire range based on the best mortality here. However, the Service in our analysis. Please refer to the available information. The Service was petitioned to evaluate the status of Summary of Factors Affecting the recognized that the immediacy and the the West Indian manatee across its Species section for the analysis that magnitude of threats vary across the entire range. We will continue to examines all factors currently affecting West Indian manatees’ range. The evaluate how the Service can coordinate or that are likely to affect the West commenter did not provide additional manatee conservation occurring in Indian manatee in the future. information as to how the threats of the Belize and in the rest of the West Indian (30) Comment: Internationally, there species are increasing and enforcement manatee’s range. is a lack of data outlining the type and is lacking beyond that already (28) Comment: The proposed level of threats in most range countries considered in our analysis. Please refer downlisting is contrary to the appraisal of the Antillean manatee. Making to the Summary of Factors Affecting the of Belize’s National Manatee Working assumptions that threats have been Species section for the analysis that Group (NMWG), which has determined managed in the Antillean subspecies’ examines all five factors currently that, although the current population is range is reckless. affecting or that are likely to affect the rated as FAIR (Belize National Manatee Response: In our rule, we provided West Indian manatee. Recovery Plan, Ortega-Argueta, in several references that indicate that a (26) Comment: The FWS repeatedly prep.), the current level of mortality is number of threats still remain determines that individual threats or the unsustainable, and that the population throughout the species’ range and others sum of threats under each listing factor will crash with a continuation of this are being managed. However, we only pose a moderate threat to the mortality rate. The NMWG is working acknowledge that work still needs to be Antillean subspecies outside the United with the Government of Belize to done and that ongoing efforts to recover States, but frequently and frankly identify and implement actions to the species could be improved. Please acknowledges that it lacks credible data reduce the mortality rate. The proposed refer to the Summary of Factors on which to base these judgments. downlisting could significantly hinder Affecting the Species section for the Response: The Service is required to these actions, impacting the funding analysis that examines all factors make decisions under the Act based and leverage available to Forest currently affecting or that are likely to solely on the best scientific and Department and its partners to address affect the West Indian manatee. commercial information available. The threats to Belize’s manatee population (31) Comment: Several commenters Service must examine how and to what and implement direct conservation believe that conservation efforts outside extent threats impact the species such actions, and thereby increase the risk to the United States are failing to promote that it meets the definition of threatened Belize’s population of Antillean the protection and growth of the or endangered. In this case, the threats manatees, and thereby the global Antillean manatee population. assessment was completed for the West population. Furthermore, commenters believe that a Indian manatee across its range. Our Response: The FAIR rating of the downlisting by the Service could have assessment included a five-factor current Belize Antillean manatee a significant impact on the ability of analysis and review of demographic population is consistent with the countries outside the U.S. to implement parameters. In some cases, data were Service’s definition and interpretation recovery, implement protection less than conclusive and we made of a threatened species, a species that is measures, affect funding opportunities, rational and explicit inferences based on likely to become endangered in the and affect progress currently being made our best professional judgment that foreseeable future and is not currently to maintain and strengthen the West reflected the extent of our uncertainty endangered, even with the documented Indian manatee population. One and consequences of being incorrect. increasing threats. The Service would commenter noted that these countries (27) Comment: At the lower also like to coordinate with the National rely on the full weight of the Act to population estimate of 700 individuals Manatee Working Group and the justify expenditures, raise funds, and in Belize, the 2015 mortality represents Government of Belize towards compel governments to protect and a 5.7 percent mortality of that developing conservation strategies to conserve this species. population, which is already higher reduce the current mortality rate. Response: The change in status under than the 5 percent that population However, as stated in Comment 27 the Act from endangered to threatened modelling indicates to be sustainable above, this rulemaking evaluates the should not have an appreciable effect on (Castelblanco-Martinez et al. 2012). status of the West Indian manatee manatee protections in foreign With the opening of another cruise ship throughout its entire range. countries. This rule formally recognizes port in November 2016, with all its (29) Comment: The downlisting of the that this species is no longer presently land-based tours scheduled to be West Indian manatee is based on the in danger of extinction. The manatee accessed by boat through another high- successful population growth and would still be fully protected under the density manatee area, conservation stability seen in Florida, but largely Act. The regulatory protections planning based on best available data ignores the remaining threats in Central provided pursuant to section 9 and indicates the potential for significant and South America, for which the section 7 of the Act remain in place. increased additional mortality (Walker Service admits that it lacks quantitative Furthermore, this regulation does not et al. 2015). information. affect the protections that the West Response: The Service appreciates the Response: In making our Indian manatee is afforded under the new information received from Belize, determination, the Service evaluated the MMPA and CITES. We applaud foreign which is addressed in this final rule. best available information for the West governments like Belize, which has Increases in boating traffic in high Indian manatee, including population protected the manatee for over 30 years density manatee areas may increase estimates and threats across the species’ and is increasing conservation programs watercraft-related mortality as noted in range. The Service recognizes that the for this animal. We encourage all efforts

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by any government agency to remove or Service announced that the 12-month of the range of the West Indian manatee reduce threats to the West Indian finding would be published in January population due to low genetic diversity. manatee, and the Service is amenable to 2016, and encouraged symposium The commenter did not provide new working together towards achieving participants to review and send information beyond what was these goals (see FOR FURTHER comments accordingly. That considered in our proposed rule. INFORMATION CONTACT). The Service will Symposium gathered a significant (35) Comment: [The Antillean continue to monitor the status of the number of manatee experts, researchers, manatee] is globally endangered, based species, and continue to work in and managers. The Service also sent a on a predicted decline of more than 20 partnership with other range countries number of peer review requests on the percent over the next two generations. when and where possible. Additionally, proposed rule to manatee experts within Response: This statement is from the we note that the Service’s Division of the range of the Antillean manatee. species’ IUCN listing information International Conservation works with (33) Comment: This decision will (Deutsch et al., 2008), which we partners worldwide to conserve fish, negatively affect the current status of referenced in both the proposed and wildlife, plants, and their habitats manatee populations in the region. The final rules. The Service referenced (including the manatee and its habitat), Antillean subspecies was declared Deutsch et al., (2008) in the Population and maintain the integrity of ecological ‘‘Endangered’’ due to reduction in Trends section of the proposed rule. The processes beyond our borders, for numbers and habitat loss along the Service evaluated the status and threats present and future generations. range. This critical status persists, for the West Indian manatee across its (32) Comment: It does not appear the according to several researchers, entire range. The IUCN classifies the Service undertook a comprehensive because of the paucity of effective West Indian manatee, the species review of the data nor made contact conservation actions throughout its addressed in this rule, as Vulnerable. with conservationists and governments range and the current and projected Species classifications under the in all of the range Antillean manatee future anthropogenic threats. There is Endangered Species Act and Red List states and it is not clear if the Service no evidence of any improvement in the are not equivalent; data standards, conducted a literature search for non- status of these populations and in fact, criteria used to evaluate species, and English documents and conservation the lack of enough scientific information treatment of uncertainty are not the plans and reviewed such documents. is jeopardizing its conservation in many same, nor is the legal effect. Unlike the Response: In connection with the countries. Please notice that the Endangered Species Act, the Red List is proposed rule, in addition to contacting vulnerability of this group was proved not a statute and is not a legally binding appropriate Federal and State agencies, already with the extirpation of the or regulatory instrument. It does not Tribes and tribal organizations, manatee populations from the Lesser include legally binding requirements, scientific organizations, and peer Antilles. prohibitions, or guidance for the reviewers to request comments on the Response: The Service was petitioned protection of threatened, critically proposed rule, the Service also to evaluate the status of the West Indian endangered, endangered, or vulnerable contacted governments of the West manatee across its entire range. It, not taxa (IUCN 2012). Rather, it provides Indian manatee range countries. only the Antillean subspecies, is the taxonomic, conservation status, and Furthermore, in opening the rule to listed entity. In making our distribution information on species. The public comment, the Service requested determination, we concluded that the Red List is based on a system of that all interested parties submit factual West Indian manatee is not currently categories and criteria designed to reports, information, and comments that endangered, but rather likely to become determine the relative risk of extinction might contribute to development of a an endangered species within the (http://www.iucnredlist.org/about/ final determination for the West Indian foreseeable future throughout all of its introduction), classifying species in one manatee. Out of all the documents range. The level of protection afforded of nine categories, as determined via received by the Service, only a handful by the Act will remain the same. See quantitative criteria, including was in Spanish. These were evaluated at also our response to Comment 11 for population size reductions, range the Caribbean Ecological Services Field more information. reductions, small population size, and Office in Puerto Rico, where all of the (34) Comment: The genetic diversity quantitative extinction risk. Further, employees are bilingual (i.e. proficient of the Antillean subspecies compels a based on the petition, the Service in both English and Spanish). The finding that it should not be reclassified. evaluated the status and threats for the Service obtained information regarding Low genetic diversity indicates that the West Indian manatee across its entire the status of manatees in other ways. population is vulnerable to irreversible range and not only for the Antillean One source of information was the impacts due to environmental stochastic manatee. The Act requires the Service to directory of people working with events, which are going to be very determine if a species is an endangered manatees within the UNEP (2010, frequent in the face of climate change. or threatened species because of any of Appendix III) document. We used the Response: The Service considered the section 4(a)(1) factors (16 U.S.C. email addresses on that list to notify genetics and the effects of climate 1533(a)(1)), based on the best available individuals about the petition and status change in making our determination. scientific and commercial data, which review of the West Indian manatee and Available information specifies that the may include a qualitative threats to request information on the status and genetic diversity of manatee populations analysis. threats of the species. We also reached in Belize and Mexico is slightly higher out to attendees at the December 8–13, than in Florida and slightly lower in Comments on Topics That Apply to 2014, Cartagena Convention in which Puerto Rico (Hunter et al. 2012). Florida Manatees participants were advised that the Manatee populations in general, not (36) Comment: Many commenters, Service was evaluating the status of the only the Antillean, are characterized by including the Miccosukee Tribe, stated West Indian manatee and was low levels of genetic diversity (Hunter et that the Service should not reclassify requesting additional information to al., 2012). Furthermore, there is no the Florida subspecies of the West assist in its review. In addition, in information that shows a decreased Indian manatee without a proven, viable December 2015, during the VII fitness in Belize (Hunter et al., 2010, p. plan that addresses the loss of warm- International Sirenian Symposium, the 598) and, to our knowledge, in the rest water refuges at power plants.

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Response: The Service is reclassifying our analysis. Additionally, it is possible (41) Comment: Even though some the West Indian manatee, including that the counts, when taken in the habitat features important to Florida both subspecies, to threatened. This context of other demographic indicators manatees may have improved over time does not mean that all threats have been (such as the estimated population (e.g., restoration of some warm-water addressed. For more information on growth rates), may reflect an actual springs), the Service’s assumptions or efforts to address the loss of warm-water increase in the population size (Runge conclusions that habitat needed for refuges, please see Recovery Actions in et al., 2015, p. 19). manatees is safe and assured is the proposed rule (https://www.fws.gov/ (39) Comment: The Service has not unrealistic and is not based on the best policy/library/2016/2015-32645.pdf). adequately addressed expected coal available scientific data. For additional information, see Factor A plant closures that will leave manatees Response: We indicated in our and E sections in our threats analysis. at risk of future significant population proposed rule that efforts are being (37) Comment: The Service did not declines. made to enhance and conserve evaluate the Florida manatee in the Response: The majority of Florida important manatee habitat (including context of the recovery benchmark manatees rely on natural gas fired plants winter warm-water habitat, foraging criteria identified in the 2001 Florida for warmth during the winter. Two coal- areas, travel corridors, etc.) and noted Manatee Recovery Plan. The Service fired plants with discharges used by that much work still needs to be done should not reclassify the Florida wintering manatees exist. The impact before the species can be removed from subspecies of the West Indian manatee that future regulatory actions may have the List of Endangered and Threatened without an updated recovery plan and on these two sites is unknown. Should Species. Please see the Recovery recovery benchmark criteria unless and the plants be affected, the Service will Actions section of the preamble to this until measurable criteria are established work with the power plant industry and rule for more information. and satisfied based on the five listing regulatory agencies to alleviate any (42) Comment: The Service disbanded factors. potential adverse effects that could its Florida Manatee Recovery Response: The Service makes a occur. Implementation Team and Warm Water decision to reclassify (delist or (40) Comment: The proposed rule Task Force. How does the Service downlist) a species after review of all of states that all regulatory mechanisms intend to address continuing the five listing factors in section 4 of the will remain in place and will continue conservation needs, including the need Act. We conducted this analysis in the to provide legal protections to the to address the catastrophic future loss of context of recovery criteria identified in species throughout its range should the critical, warm-water habitat? the 2001 Florida Manatee Recovery manatees’ status change from Response: The Service plans to revise Plan. We did not, however, evaluate the endangered to threatened. In Florida, the Florida Manatee Recovery Plan and manatee in the context of the Recovery elected government officials have taken will convene a recovery team to Plan’s population benchmark criteria for steps to remove manatee protection facilitate that process. The Plan will reasons set forth in the Recovery section zones. While they have not been identify conservation needs and the of the preamble to this rule, namely that successful, they will continue to try to actions needed to address them. The the benchmark criteria were found to be remove them. loss of warm-water habitat will be deficient and unusable. Note that the Response: Our review considers the addressed in the revised plan. The Service is not required to have current inadequacy of all regulatory Service is working with FWC, the power recovery plans and criteria when it mechanisms, including the State of industry, and others to address evaluates the status of a species. Florida’s regulatory measures. We based conservation needs, including the future Overall, recovery of species is a our review on best available information loss of warm-water habitat. dynamic process requiring adaptive available to us at the time of the review. (43) Comment: State of Florida management, planning, implementing, We are aware of efforts that were statutes require Water Management and evaluating the degree of recovery of subsequently made to remove manatee Districts to set minimum flows at rates a species that may, or may not, fully protection zones. However, these efforts that protect the most sensitive species. follow the guidance provided in a were not successful. Because watercraft The Districts have set flows in the past recovery plan. collisions are one of two of the most to protect endangered manatees. If (38) Comment: The Service is relying significant threats to Florida manatees, manatees are no longer endangered, on the State of Florida’s synoptic survey we are committed to working with State what will happen to important manatee counts to support its proposal to and local officials to ensure that springs like Three Sisters Springs where reclassify the West Indian manatee. effective manatee protection zones and minimum flows have not been set? These counts are biased, use bad other regulatory mechanisms remain in Response: When this rule becomes counting procedures, and have very place to provide adequate protection. effective, the West Indian manatee will little scientific value. The Service must The Service has an agreement with remain protected under the Act as a base its analysis on future threats and the State of Florida under section 6 of threatened species. The Act’s provisions the actual health of the population and the Act, which provides that any State will continue to be implemented to not these counts. law or regulation regarding the taking of remove threats to this species. For Response: We acknowledge that there an endangered species or threatened example, the Service will continue to are methodological issues (detection species may be more restrictive than the work with the FWC, the Water probabilities) inherent in the State’s exemptions or permits provided for in Management Districts, and others to counts. Martin et al., (2015, p. 44), in this Act or in any regulation that ensure that minimum flows set for their estimate of abundance for the implements the Act but not less important manatee springs are adequate Florida manatee, address these issues by restrictive than the prohibitions so to protect wintering manatees. See accounting for spatial variation in defined. We are confident that the State Runge et al., (2015, pp. 6–7) and the distribution and imperfect detection. of Florida, with whom we have Recovery Actions section of this We used the best available information partnered for many years on the document for further information. to assess the counts, other demographic conservation of this and other species, (44) Comment: One commenter noted indicators, and the health of the will ensure that these regulations will that manatee enforcement in Florida is population and considered threats in remain in place. at an ‘‘all-time low.’’ Another

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commenter observed that the number of needed to protect manatees from for this determination in the Federal manatees struck by watercraft and killed harassment. Register (48 FR 49244). or rescued is at an ‘‘all-time high.’’ Response: The Service continues to Comments on Topics That Apply to All Commenters stated that the watercraft refine measures to prevent manatee Manatees collision threat has not been controlled. harassment by visitors to Crystal River Response: Threats, including the and elsewhere. Criteria have been (51) Comment: The Act provides that threat of watercraft collisions, are being developed for potential closures at a species may be determined to be addressed in Florida. While record Three Sisters Springs. Additionally, the ‘‘endangered’’ due to ‘‘other natural or numbers of watercraft-related manatee Kings Bay Manatee Refuge Rule manmade factors affecting its continued deaths and rescues were reported in provides for the closure of springs used existence.’’ In addition to loss of habitat, 2016, there is nothing to suggest that by wintering manatees, as well as the disease, algal blooms, and watercraft this is evidence of an increasing trend. expansion of sanctuary boundaries to fatalities, the West Indian manatee is Key demographic indicators accommodate increasing numbers of also affected by land development characterize a growing manatee manatees. For more information, see the activities, including, without limitation, population even in the face of Kings Bay Manatee Refuge Rule (77 FR the construction of artificial canal continuing mortality of this type. See 15617, March 16, 2012) and the Draft systems, dredging and filling, Runge et al., (2015, pp. 9–11) and Environmental Assessment, Three elimination of aquatic vegetation, Recovery Actions for further Sisters Springs Unit of Crystal River construction of structures that can trap information. NWR (USFWS CRNWR 2015). or crush manatees, and the placement of (45) Comment: The Service signed an (48) Comment: Manatee habitat bulkheads below the ordinary high agreement in 2012 with the U.S. Army restoration efforts are taking place in waterline. Moreover, fishing gear and Corps of Engineers that provides the Florida and some of these efforts are contaminants present ongoing, yet in some cases, ‘‘poorly understood’’ risks Service with the ability to allow illegal harassing manatees and indirectly to the West Indian manatee population. incidental take through consultation on causing harm to the environment. Until a plan is developed to protect the the Corps permitting process. The take Communities engaged in restoration West Indian manatee from effects of of manatees cannot be authorized and is efforts must be required to use best detrimental to recovery efforts. land development and other risks to the management practices and comply with Response: The 2012 agreement with West Indian manatee are more fully State and Federal regulations. the Corps does not authorize the take of understood, the Atlantic Scientific Florida manatees. The agreement Response: The Service has not Review Group recommends maintaining requires that the Corps include in its identified habitat restoration efforts as a the current endangered status of the permits conditions that, when followed, threat to the long-term survival of the species. ensure that manatees are not taken by Florida manatee. We have, however, Response: Plans have been developed project-related construction activities. identified habitat loss and fragmentation and are in place to protect manatees This requirement expedites the as one of the most significant threats to from these activities. The Service has permitting process and provides manatees, and efforts to restore habitat developed recovery plans for the Florida predictability for permit applicants. are an important means to address this and Puerto Rico manatee populations Should the incidental take of one or threat. In the United States, entities and the United Nations Environment more manatees occur as a result of a engaged in habitat restoration efforts Programme has a conservation plan for permitting action where the Service has must comply with all State and Federal the West Indian manatee. Both plans concurred with an effects permitting regulations, including permit address these and other threats. In the determination, the specific activity shall conditions that prevent manatee United States, the Service evaluates cease until the Corps and the Service harassment and protect water quality land development projects that may jointly and cooperatively investigate the and the environment. impact the species under the circumstances and make every effort to (49) Comment: Natural spring areas consultation process set forth in Section remedy the issue through avoidance, essential for the manatee’s survival are 7 of the Act. For further information on minimization, and/or other threatened by numerous factors Section 7, please refer to Recovery compensatory measures. including diminishing spring flows, Actions and Available Conservation (46) Comment: If the Service is going deteriorating water quality, and Measures in the preamble to this final to address the loss of power plant warm- increasing human activities in and rule. water discharges, it must identify a around spring areas. (52) Comment: What happens to funding source to cover the costs that Response: We acknowledge that these Potential Biological Removal (PBR) if will be incurred. This has not been are concerns and have addressed them the manatee is downlisted? How will a done. in our rule. See the Recovery Actions higher PBR affect your Section 7 Response: The Service continues to section of the preamble for further consultation process for coastal work with and reach out to its manatee information. development? recovery partners to address the (50) Comment: The Service should Response: PBR, as defined under the pending loss of warm water at Florida’s conduct an environmental impact study MMPA, means ‘‘the maximum number power plants. The Service recently before any decision is made. of animals, not including natural recommended that the Florida Response: We have determined that mortalities that may be removed from a Department of Environmental Protection environmental assessments and marine mammal stock while allowing revise NPDES permits to include a environmental impact statements, as that stock to reach or maintain its funding mechanism to address the defined under the authority of the optimum sustainable population.’’ The transition of manatees from power National Environmental Policy Act of PBR level is the product of the plants to other suitable areas. 1969 (42 U.S.C. 4321 et seq.), need not minimum population estimate of the (47) Comment: Manatee harassment be prepared in connection with stock, one-half the maximum theoretical by visitors to Crystal River continues to regulations pursuant to section 4(a) of or estimated net productivity rate of the take place. More enforcement and the Endangered Species Act. We stock at a small population size, and a criteria-based closure requirements are published a notice outlining our reasons recovery factor of between 0.1 and 1.0.

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This rule does not change how PBR is Act at 16 U.S.C. 1533(a)(3)(B) provides phrase and its role in listing (and defined under the MMPA. Nevertheless, that the Service may, from time to time delisting and reclassification) as a result of this rule, in PBR thereafter, revise the critical habitat determinations. The policy provides an calculations for both Florida and designation, and that it must make interpretation and application of SPR Antillean stocks we expect to use a findings on a petition to revise critical that reflects a permissible reading of the recovery factor for threatened species habitat submitted under the law and minimizes undesirable policy instead of the recovery factor for Administrative Procedure Act. See 16 outcomes, while fulfilling the endangered species. The Service’s use of U.S.C. 1533(b)(3)(D). The Service’s conservation purposes of the Act. The PBR is limited to addressing takes January 12, 2010 (75 FR 1574), 12- final policy states ‘‘that a portion of a associated with commercial fishing month finding on a petition to revise species’ range can be ‘‘significant’’ only activities. However, known mortalities critical habitat for the Florida manatee if the species is not currently and serious injuries associated with found that a revision to critical habitat endangered or threatened throughout all these activities are nominal and should is warranted but precluded because of its range’’ (emphasis added); not be affected by this change. Further, sufficient funds were not (and still are furthermore, if a species is listed because PBR is not used to address not) available due to higher priority throughout its entire range, there can be coastal development activities, there actions such as court-ordered listing- no separate listings for portions of the will be no effect on the Service’s related actions and judicially approved species (the final policy defines consultation process for these activities. settlement agreements. Because of this, ‘‘significant’’ such that a portion of the (53) Comment: A downlisting will the existing critical habitat designation range cannot be significant if the species lead to a reduction in the availability of remains in effect. already warrants listing throughout all funds and will make it more difficult to (55) Comment: The Service has not of its range). As this policy is applied, obtain funding needed to address the adequately addressed cumulative there will be no circumstance in which loss of warm-water habitat, impacts from continued development, a species is threatened throughout all of enforcement, important research, and increased vessel use, and ongoing water its range and [emphasis added] other conservation needs. FWS quality problems that threaten the endangered throughout an SPR. Based acknowledges that under the FMSA aquatic habitats on which manatees on our evaluation of the biology and ‘‘adequate funding could be problematic depend for survival. current and potential threats to the West if downlisting occurs.’’ In fact, an Response: Our five-factor analysis, Indian manatee, we determined that the assumption of adequate funding under Summary of Factors Affecting the entire listed entity meets the definition underpins all of the assumptions in the Species, above, assessed all known of threatened. Accordingly, the SPR model that relate to anthropogenic threats to the West Indian manatee. In analysis concludes that the species impacts. FWS states that ‘‘as long as our assessment, we reviewed several should be listed as threatened and no funding remains available, recovery manatee population models further analysis is warranted. actions would continue to be (Castelblanco-Martı´nez et al., 2012; This final policy reflects the Services’ implemented, regulations enforced, and Arriaga et al., in Go´mez et al., 2012, expert judgment as to the best way to additional measures adopted as needs entire, Runge presentation, 2016) that interpret and apply ‘‘significant portion arise.’’ Loss of funding would adversely assessed the effects of threats of its range’’ as that phrase appears in affect development, implementation, individually and cumulatively. Threats the Act. Because we conclude that the and enforcement of management actions can individually impact a species or its entire West Indian manatee should be and plans. habitat or can work in concert with one listed as threatened, we do not analyze Response: We acknowledge that loss another to cumulatively create this species at a smaller geographic of funding could be a concern; which is, conditions that may impact a species or scale. in part, why the species meets the its habitat beyond the scope of (57) Comment: Commenters stated definition of a threatened species under individual threats. See Cumulative that when the Service downlists the the Act. Effect of Threats below. manatee, the Act’s take prohibition no (54) Comment: One commenter noted (56) Comment: The Service has longer applies and, accordingly, if the that the Service has failed to propose violated the Act by invoking its Service believes that it should continue critical habitat concurrently with its ‘‘significant portion of range’’ policy to regulate the take of the manatee proposal to downlist the manatee across and relying on its range-wide threatened (despite local and State regulations that its range. When the FWS makes a listing determination to avoid any analysis of prohibit take), the Service must follow determination (including downlisting), whether the West Indian manatee is additional procedures laid out in the the Act requires the FWS to either endangered in any significant portion of Act. The Service states in the proposed designate critical habitat for the manatee its range, contrary to the plain language rule to reclassify the manatee that the or determine that such a designation is of Section 3(6) of the Act, 16 U.S.C. take prohibition in Section 9 of the Act not prudent or determinable (16 U.S.C. 1532(6). FWS-cited data strongly suggest will automatically apply to the manatee 1533(a)(3)(A)(i)). Another commenter that one or more portions of the West when it is reclassified as threatened. But stated that the Service should assess the Indian manatees’ range merits analysis the Act expressly limits Section 9 to incremental economic impact of for significance. endangered species because Congress existing and proposed designations on Response: For our analysis, we recognized that the take prohibition critical habitat. The Miccosukee Tribe followed the Service’s final policy on imposes stringent limits on individuals expressed concern that manatees and ‘‘Significant Portion of its Range’’ (SPR) and businesses that are only justified by their habitat are at risk from increasing (79 FR 37578; July 1, 2014). This policy the dire situations endangered species development without protections to provides our interpretation of the phrase face. Likewise, the Service should critical habitat provided by the Act. ‘‘significant portion of the range’’ in the consider the impacts of the downlisting Response: Critical habitat has been Act’s definitions of ‘‘endangered on the continuing need for Manatee designated for the West Indian manatee species’’ and ‘‘threatened species’’. The Protection Areas, which prohibit certain (41 FR 41914, September 24, 1976; policy improves the implementation of waterborne activities ‘‘for the purpose of corrected at 42 FR 47840, September 22, the Act by providing a consistent and preventing the taking of manatees’’ in 1977; codified at 50 CFR 17.95(a)). The uniform standard interpretation of the coastal and inland waters in Florida.

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Because the Act’s take prohibition does status (see Cumulative Effects section endangered species within the not automatically apply to threatened later in this rule). foreseeable future throughout all or a species, the Service will need to significant portion of its range’’ (16 Summary of Changes From the determine anew whether Manatee U.S.C. 1532(6), (20)). Proposed Rule Protection Areas are necessary and The U.S. District Court for the District advisable. We made the following changes from of Columbia noted that Congress Response: Take prohibitions for the proposed rule: included ‘‘a temporal element to the manatee do not change with this final • We updated the Population Size distinction between the categories of rule. The same prohibitions are in place and Population Trends sections to endangered and threatened species’’ in for the manatee as a threatened species include a ‘‘Minimum Population Size’’ re Polar Bear Endangered Species Act that were in place when it was an column to Table 1, changed the column Listing and § 4(d) Rule Litigation, 794 F. endangered species through the Act’s heading ‘‘Population Estimate’’ to ‘‘Non- Supp. 2d 65, 89 n. 27. (D.D.C. 2011). implementing regulations. Under statistical Population Estimate,’’ and Thus, we interpret an ‘‘endangered section 9(a)(1) of the Act, all take provided additional information on the species’’ to be one that is presently in prohibitions outlined in section 50 CFR Castelblanco-Martı´nez et al., (2012) danger of extinction. A ‘‘threatened 17.21 (except § 17.21(c)(5)) apply to publication. species,’’ on the other hand, is not • threatened species through the We revised the Recovery Actions presently in danger of extinction, but is regulations codified at 50 CFR 17.31 and section of the preamble to include likely to become so within the 17.32. Although the Service has information from a Manatee Core foreseeable future (i.e., at a later time). discretion to issue a species-specific Biological Model (CBM) update and to In other words, the primary statutory 4(d) rule that could remove or modify include updates for the timeframes for difference between a threatened and establishing spring minimum flows. endangered species is the timing of take prohibitions from or for specific • activities, we have not chosen to do so We expanded the introduction of when a species may be in danger of at this time for manatee. The Service the Summary of Factors Affecting the extinction, either presently believes the prohibitions and exceptions Species to further clarify the definitions (endangered) or within the foreseeable set out in 50 CFR 17.31 and 17.32 are of endangered and threatened. future (threatened). • In making our downlisting most appropriate to address the We included new information on determination, the foreseeable future particular conservation needs of the threats and mortality under the must take into account the life history West Indian manatee at this time. Summary of Factors Affecting the of the species, habitat characteristics, Accordingly, protections in Florida’s Species section. • We reviewed and incorporated, as availability of data, particular threats coastal and inland waters will not appropriate, information from Coulson under consideration, the ability to change with the reclassification of et al. 2001; Go´mez et al. 2012; Galves et predict those threats, and the reliability manatee to threatened status. Manatee al. 2015; and a presentation on Manatee of forecasts of changes in the species’ Protection Areas (MPAs) have played a Core Biological Model updates in this status in response to the threats. See substantial role in manatee conservation rule. These references were contributed also ‘‘The Meaning of ‘Foreseeable and will be needed into the foreseeable by commenters and/or became available Future’ in Section 3(20) of the future, and the designation of these in September 2016. Endangered Species Act,’’ (DOI 2009). areas will not be affected by the change • We added a ‘‘Cumulative Effects’’ Pursuant to M–37021 (DOI 2009), we in status. In addition, as mentioned in section to our Summary of Factors identify a foreseeable future of 50 years the response to Comment 40, the MMPA Affecting the Species section. for the West Indian manatee, which we prohibits the ‘‘take’’ (i.e., to harass, • We clarified in this rule why the believe can be predicted with reliability. hunt, capture, kill, or attempt to harass, West Indian manatee is no longer Please see section entitled Foreseeable hunt, capture, or kill) of marine endangered but rather meets the Future. mammals. MPAs also play an important definition of a threatened species. Thus, we used the best available role in avoiding take under the MMPA. scientific and commercial data for the (58) Comment: The overall lack of any Summary of Factors Affecting the West Indian manatee, including cumulative analysis with respect to any Species demographic parameters and section or all of the relevant listing factors Section 4(a)(1) of the Act requires us 4(a)(1) factors. We note that, for the demonstrates that the FWS has not to determine by regulation whether Antillean subspecies, the best available articulated a rational explanation to ‘‘any species is an endangered species scientific and commercial information justify downlisting. or a threatened species because of the relies in many cases upon expert Response: In making our following factors: (A) The present or opinion and anecdotal observations. In determination and in accordance with threatened destruction, modification, or responding to the petition to downlist the definitions of an endangered vs. curtailment of its habitat or range; (B) the West Indian manatee species and, threatened species, the Service overutilization for commercial, after considering conservation efforts by concluded that the West Indian manatee recreational, scientific, or educational States and foreign nations to protect the is not currently endangered but is likely purposes; (C) disease or predation; (D) West Indian manatee as required under to become endangered in the foreseeable the inadequacy of existing regulatory section 4(b)(1)(A), we proposed future. In our review of the best mechanisms; or (E) other natural or downlisting (80 FR 1000, February 6, available information, we did not find manmade factors affecting its continued 2016) based on the statutory definitions significant information that would lead existence’’ (16 U.S.C. 1533(a)(1); of endangered and threatened species. us to believe that the cumulative effect hereafter, the section 4(a)(1) factors). To make our final listing of threats on the species warrants Section 3 of the Act defines an determinations, we reviewed all maintaining the West Indian manatee as ‘‘endangered species’’ as ‘‘any species information provided during the 90-day an endangered species. Rather, the which is in danger of extinction public comment period and additional potential cumulative effects of threats throughout all or a significant portion of scientific and commercial data that on the West Indian manatee, in part, its range’’ and a ‘‘threatened species’’ as became available since the publication contribute to the species’ threatened one ‘‘which is likely to become an of the proposed rule. See Summary of

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Changes From Proposed Rule. However, et al. 2001, p. 440), while in Costa Rica, manatee use areas in the municipalities this additional information merely habitat modification activities such as of Guayama, Salinas and Guayanilla, supplemented, and did not differ logging and agriculture have increased among others. The PRDNER (2008, significantly from, the information sedimentation in rivers and lagoons, 2012, p. 6) also describes that sea presented in the proposed rule. We making it difficult for manatees to grasses are being severely impacted by received no significant new information access suitable habitat in the Tortuguero both the scarring actions of motor boat that would cause us to change our River system (Smethurst and propellers and the scouring action of jet listing determination (see the Comments Nietschmann 1999, in Lefebvre et al. ski traffic in shallow waters. In addition, and Summary of Changes from the 2001, p. 442). In Panama, manatee small to mid-size boat owners prefer to Proposed Rule sections above). With distribution is apparently fragmented by visit near-shore areas, which have this rule, we finalize our proposed discontinuous and likely depleted contributed to the decrease in seagrass listing determination. habitat (Lefebvre et al. 2001, p. 442). density and an increment in the The following analysis examines all Although threats continue, there are fragmentation of this habitat (PRDNER factors currently affecting or that are recovery efforts being made to protect 2008, 2012, p. 7). likely to affect the West Indian manatee the manatee against threats posed by Although anthropogenic activities within the foreseeable future. habitat loss or modification in many that result in the loss of seagrass such range countries and in the areas of U.S. as dredging, anchoring, effects from Factor A. The Present or Threatened jurisdiction. In Belize, three protected coastal development, propeller scarring, Destruction, Modification, or areas were created specifically to protect boat groundings, and inappropriate Curtailment of Its Habitat or Range critical manatee habitat, and more than recreational activities occur in Puerto At the time of listing, resource 43 percent of the country’s protected Rico, seagrass abundance is not managers were concerned about the areas are within the coastal zone (UNEP considered a limiting factor for the effect of the loss of seagrass on 2010, p. 24). Mexico has designated current Antillean manatee population of manatees. Subsequently, it became significant special manatee protection the Island (Drew et al. 2012, p. 13). It apparent that habitat loss and areas (UNEP 2010, p. 60), and Trinidad would be expected that a significant fragmentation were significant concerns protected the Nariva Swamp, the most decrease of this resource could cause outside the United States. Within the important manatee habitat in that stress to the manatee population. southeastern U.S., the loss of manatee country (UNEP 2010, p. 77). Although However, no data is available to support winter habitat has become a significant most countries within the species’ range estimates of how much seagrass is concern. Degradation and loss of outside of the United States continue to needed to sustain a larger manatee manatee habitat occurs throughout its provide suitable manatee habitat, population (Bonde et al. 2004, p. 258). range (UNEP 2010, p. 12). Although the habitat degradation and loss remains a Based on the present availability of immediacy and the magnitude of this threat requiring ongoing recovery seagrass habitat in Puerto Rico, the factor varies throughout the species’ efforts. Service believes the severity of the range, available manatee foraging The Service’s 2007 5-year review threat of degraded and or decreased habitat does not seem to be a limiting identified specific threats including loss seagrass habitat is low and there is no factor in most of the range countries, of seagrass due to marine construction indication that potential foraging including Florida and Puerto Rico (Orth activities (extent unknown), propeller limitations or specialization are et al. 2006, p. 994; Drew et al. 2012, p. scarring and anchoring (magnitude decreasing manatee fitness or causing 13; Lefebvre et al. 2001, entire; UNEP unknown), and oil spills; loss of manatee mortalities in Puerto Rico. 2010, entire). Still, manatee habitat freshwater due to damming and To offset these threats in Puerto Rico, degradation and loss remain a threat in competing uses; and increasing coastal a wide range of conservation efforts are most countries, and ongoing efforts to commercial and recreational activities ongoing (see Recovery and Recovery address these threats remains a recovery (USFWS 2007, pp. 30–31). Human Actions). These include the collective priority (Castelblanco et al. 2012, p. activities that result in the loss of efforts of the Service, the U.S. Army 142). seagrass include dredging, fishing, Corps of Engineers, the PRDNER, the Some countries have been able to anchoring, eutrophication, siltation, and National Oceanic and Atmospheric document manatee habitat loss effects, coastal development (Duarte 2002, p. Administration (NOAA), the U.S. Coast while other countries do not have site- 194; Orth et al. 2006, p. 991; PRDNER Guard, and others working to avoid, specific information available to 2008, entire; PRDNER 2012, entire). minimize, and mitigate project impacts quantify the severity and/or frequency Since the 2007 5-year review, habitat on manatee habitat. The development of this threat on manatees. For example, effects including threats to seagrass and implementation of no-wake areas, in Mexico, loss of manatees from certain habitat have been quantitatively marked navigation channels, boat areas has been attributed to, among assessed in Puerto Rico. The PRDNER exclusion areas, and standardized other factors, the construction of a dam has been gathering new relevant construction conditions for marinas and along a river (Colmenero-Rolo´n and information documented in its two boat ramps are a few of the efforts Hoz-Zavala 1986, in UNEP 2010, p. 59), reports entitled Evaluation of making a positive impact on while significant manatee habitat Recreational Boating Anchor Damage maintaining and protecting important modification has affected the number of on Coral Reefs and Seagrass Beds manatee habitat (see Recovery and animals along the coast of Veracruz (PRDNER 2008, entire; PRDNER 2012, Recovery Plan Implementation (Serrano et al. 2007, p. 109). Other entire). The report identified the east, sections). important manatee habitat in Belize south, and west coasts of the island as Manatees require sources of fresh such as Turneffe atoll is also affected by the areas with major impacts on seagrass water for daily drinking and do not unsustainable fishing, mangrove beds caused by vessel propellers, appear to exhibit a preference for clearing, overdevelopment, and indiscriminate anchorage, and poor natural over anthropogenic freshwater dredging (Edwards 2014, entire). navigation skills. According to the resources (Slone et al. 2006, p. 3). In Honduras, manatee abundance reports, the areas with major impacts of Sources of freshwater are currently not declined, in part, because of habitat severe magnitude were those on the considered limiting in Puerto Rico and degradation (Cerrato 1993, in Lefebvre south-central coast, including high include the mouths of streams and

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rivers, coastal groundwater springs, and remaining springs in the upper St. Johns In the southeastern United States, a even industrial wastewater outflows River and northwest Florida regions and wide range of conservation efforts (e.g., wastewater treatment plants, on Warm Mineral Springs in southwest identified in the 2007 5-year Review are hydroelectric power plants). At this Florida, passive thermal basins, and continuing (USFWS 2007, pp. 17–18; time, the lack and/or degradation of warm ambient waters in southernmost see also Recovery and Recovery Plan fresh water is considered a low-level Florida. The loss of certain warm-water Implementation discussion above). threat in Puerto Rico. There is no sites potentially could cause a change in Service efforts in cooperation and indication that manatees are being Atlantic coast abundance and coordination with State and industry affected by a lack of freshwater sources, distribution of manatees because there partners are ongoing to minimize any even during the 2015 severe drought are no natural springs on the Atlantic future manatee losses from industrial and especially since it is possible for coast north of the St. John’s River (Laist site reductions or closures by seeking manatees to drink from several sources. and Reynolds 2005b, p. 287). short-term alternatives and long-term However, the potential impact of poor Florida’s springs have seen drastic sustainable options for supporting water quality on the manatee population declines in flows and water quality, and manatees without the reliance on is unknown. The Service will continue many springs have been altered industrial warm-water sources. Spring to assess and work with others towards (dammed, silted in, and otherwise studies and on-the-ground restorations maintenance and potential obstructed) to the point that they are no seek to restore flows and access to enhancement of manatee freshwater longer accessible to manatees (Florida existing natural springs. Habitat drinking sources. Springs Task Force 2001, p. 4; Laist and degradation and loss from natural and Within the southeastern United Reynolds 2005b, p. 287; Taylor 2006, human-related causes are being States, the potential loss of warm water pp. 5–6). Flow declines are largely addressed through collective efforts to at power plants and natural, warm- attributable to demands on aquifers improve overall water quality, minimize water springs used by wintering (spring recharge areas) for potable water construction-related impacts, and manatees is identified as a significant used for drinking, irrigation, and other minimize loss of seagrass due to prop threat (USFWS 2007, entire; Laist and uses (Marella 2014, pp. 1–2). Declining scarring. Efforts to replant areas devoid Reynolds 2005 a, b, entire, and (USFWS flows provide less usable water for of seagrass are showing success in 2001, entire). Natural springs are wintering manatees. Declines in water restoring lost manatee foraging habitat threatened by potential reductions in quality (e.g., increased nitrates) can (van Katwijk et al. 2016, p. 572). flow and water quality (due to promote the growth of undesirable alga, Summary of Factor A: In Florida and unsustainable water withdrawals such as Lyngbya sp., which can cover Puerto Rico, the manatee has not combined with severe droughts) and by and smother food plants used by experienced any curtailment of its factors such as siltation, disturbance wintering manatees (Florida Springs range; however, a concern continues to caused by recreational activities, and Task Force 2001, pp. 12, 26). Notable be the loss of warm water habitat. others that affect manatee access and springs largely inaccessible to manatees Outside of the U.S. habitat loss, use of the springs (Florida Springs Task due to damming include springs in the fragmentation, and degradation Force 2000, p. 13). Power plants, which Ocklawaha and Withlacoochee river continue to be a concern for manatees provide winter refuges for a majority of systems. Springs that have silted in as well. There have been substantial the Florida manatee population, are not include Manatee and Fanning springs, improvements due to regulatory permanent reliable sources of warm Warm Mineral Spring, Weeki Wachee mechanisms in place towards water. In the past, some industrial Spring, and others (Taylor 2006, pp. 5, addressing habitat threats since listing. sources of warm water have been 8). However, these factors still threaten the eliminated due to plant obsolescence, In the case of Manatee, Fanning, and West Indian manatee but not to the environmental permitting requirements, Weeki Wachee springs, restoration magnitude that currently places the economic pressures, and other factors efforts have removed sand bars and species in danger of extinction, (USFWS 2000, entire). Experience with other obstructions, making these sites especially given the availability of disruptions at some sites has shown that once again accessible to manatees (The suitable habitat throughout the species’ some manatees can adapt to minor Nature Conservancy 2015). See: http:// range. In view of increasing human changes at these sites; during temporary www.nature.org/ourinitiatives/regions/ populations and associated power plant shutdowns, manatees have northamerica/unitedstates/florida/ development within the range of the been observed to use less preferred howwework/saving-manatees-through- species, it is reasonable to predict that nearby sites. In other cases, manatees springs-restoration.xml. Also, Marella these threats will continue within the have died when thermal discharges (2014, p. 1) noted declining demands on foreseeable future of 50 years. Please see have been eliminated due to behavioral central Florida aquifers due to increased section entitled Foreseeable Future. We persistence or site fidelity (USFWS rainfall, declining agricultural demands, will continue to evaluate projects in 2000, entire). use of re-use water, and other water areas of U.S. jurisdiction (Puerto Rico The current network of power plant conservation measures, suggesting that and areas of the continental United sites will likely endure for another 40 spring flows used by manatees can be States) to benefit habitat for the West years or so (Laist et al. 2013, p. 9). We maintained. Chapter 62–42, Florida Indian manatee and make do not know for sure if the plants will Administrative Code, requires that recommendations to avoid and be replaced or eliminated at the end of minimum flow levels be set for Florida minimize impacts to manatee habitat. this time period, but the likelihood is waterbodies. Set flow levels require that For West Indian manatees in the that the power plants will close (Laist measures be taken should flows drop continental United States, ensuring the and Reynolds 2005b, p. 281). We also do below statutorily adopted levels, thus continued availability of warm-water not know how manatees would respond insuring adequate flows. Minimum refugia sites is a critical need related to if some sites are lost, since past flows have been set for six springs that this factor. modifications or changes to power plant are important to wintering manatees. In the discussion above (and in sites have resulted in variable responses Flow levels must be identified for the supplemental documents), we describe from manatees. If power plant outflows Crystal River springs complex and other progress with local, county, city, and are lost, manatees would rely on important springs. State partners to maintain minimum

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flows and restore habitat at sites where throughout much of the Antillean place to prevent the take of manatees we believe it will help address this subspecies’ range (Thornback and due to disturbance of viewing-related habitat need for the species. For areas Jenkins 1982, in Lefebvre et al. 2001, p. harassment. Well-enforced sanctuaries outside U.S. jurisdiction, we have 426) (in 17 of 20 range countries). For keep people out of sensitive manatee documented examples of habitat example, in Guadeloupe (French habitats (i.e., warm-water sites), destruction, modification, and Antilles), the local manatee population educated tour guides ensure that their fragmentation that have impacted West was hunted to extinction by the early customers do not harass manatees, and Indian manatees, by damming rivers 1900s (Marsh et al. 2011, p. 429). In many educational programs prescribe and destroying estuaries. There are also Honduras, manatees are still actively appropriate measures to take when in a number of positive examples of poached on an opportunistic basis in La the presence of manatees. For example, manatee protection areas that will Mosquita (Gonza´lez-Socoloske et al. in 1992, manatees stopped visiting continue to provide long-term suitable 2011, p. 129). Depending on certain suitable manatee habitat (Swallow Caye, manatee habitat. The Service, led by our social and economic factors, current Belize) after swim-with-the-manatee International Affairs Program, will poaching rates in northern Nicaragua programs were allowed without proper continue to work together with other vary from year to year (Self-Sullivan and control (Auil 1998, p. 12). Community countries towards manatee habitat Mignucci-Giannoni 2012, p. 44). Other groups and a local conservation conservation. manatee products include oil, bones, organization helped to declare the area and hide (Lefebvre et al. 2001, p. 426; a wildlife sanctuary in 2002. The area is Factor B. Overutilization for Marsh et al. 2011, p. 264; Self-Sullivan currently co-managed between the Commercial, Recreational, Scientific, or and Mignucci-Giannoni 2012, pp. 42– Belize Forest Department and a local Educational Purposes 45). conservation organization (UNEP 2010, Since the manatee was originally Because of their low reproductive p. 23), and manatees have returned to listed, information indicates that rates (Lefebvre et al. 2001, p. 12), the area. overutilization, particularly poaching, poaching continues to pose a serious In Puerto Rico, harassment of occurs to a lesser extent now but threat to some manatee populations, manatees by kayak users and swimmers continues to affect manatees. especially in those areas where few has been reported in several popular Throughout the range of the species, manatees remain. As of 2009, although beach and coastal recreational areas. In manatees are used for a variety of manatee poaching in Colombia still addition, harassment related to purposes. Outside the United States, occurred in specific areas and seasons speedboat races in manatee areas has manatees have been hunted and (Castelblanco-Martı´nez 2009, p. 239); it increased. In 2014 alone, the Service poached to supply meat and other is less common than in the past (UNEP reviewed 12 permit applications for commodities. Recreationally, people 2010, p. 30). Marsh (2011, p. 269) and speed boat races in Puerto Rico, several seek out opportunities to view manatees other more current reports (Alvarez- of them in areas with high through commercial ecotour operators Alema´n, et al., No Date (ND), retrieved concentrations of manatees. However, to or on their own. There are numerous 2017 from: http://sea2shore.org/focal- date there have been no reported scientific studies being conducted on species/manatees/antillean-manatee- injuries or deaths of manatees caused by captive and wild manatees, including conservation-in-cuba/; World Atlas, ND, speedboat races. Consultation with the studies of specimens salvaged from Retrieved 2017 from: http:// Service under Section 7 of the Act has carcasses. The public is educated about www.worldatlas.com/articles/ served to implement specific manatees through a variety of media, threatened-mammals-of- conservation measures during marine such as videos and photographs, guatemala.html; Grattan 2016, retrieved events such as boat races (see Recovery including rehabilitating manatees in 2017 from http:// and Recovery Implementation and captivity. latincorrespondent.com/2016/02/20- Available Conservation Measures Poaching is hypothesized no longer to endangered-manatees-slaughtered-in- sections). The U.S. Coast Guard occur in a few regions, has been reduced colombia/; Rodrı´guez Mega 2016, consistently consults with the Service in others, and is still common in others retrieved 2017 from: https:// on marine event applications and (UNEP 2010, entire; Marsh et al. 2011, www.worldwildlife.org/magazine/ readily includes manatee conservation p. 386). A number of recent poaching issues/summer-2016/articles/eyes-on- measures when applicable. In addition, events and reports are a concern the-water-in-belize; Tejo and Maria government agencies and local (Alvarez-Alema´n, et al., No Date (ND), 2016, retrieved 2017 from http:// nongovernmental organizations have retrieved 2017 from: http:// dukespace.lib.duke.edu/dspace/handle/ implemented education and outreach sea2shore.org/focal-species/manatees/ 10161/12872) identifies poaching as a strategies to ensure that manatee antillean-manatee-conservation-in- threat to manatees in Belize, Brazil, harassment is avoided and minimized. cuba/; World Atlas, ND, Retrieved 2017 Colombia, Costa Rica, Cuba, Dominican Education and research programs from: http://www.worldatlas.com/ Republic, French Guiana, Guatemala, involving manatees are designed to articles/threatened-mammals-of- Haiti, Honduras, Mexico, Suriname, ensure that manatees are neither guatemala.html; Grattan 2016, retrieved Trinidad and Tobago, and Venezuela. adversely affected nor overutilized. 2017 from http:// Poaching is no longer a threat in the Examples include outreach efforts used latincorrespondent.com/2016/02/20- mainland United States and Puerto Rico to minimize manatee harassment in endangered-manatees-slaughtered-in- (Marsh 2011, p. 269). Foreign Crystal River, Florida, and the Service’s colombia/; Rodrı´guez Mega 2016, governments have instituted regulations Act/MMPA marine mammal scientific retrieved 2017 from https:// to address this threat (see Factor D research permitting program, which www.worldwildlife.org/magazine/ discussion). We continue to pursue limits the potential negative effects that issues/summer-2016/articles/eyes-on- initiatives with other countries that research activities have on manatees. the-water-in-belize; Tejo and Maria encourage a ban on poaching and Summary of Factor B: In summary, 2016, retrieved 2017 from http:// hunting of manatees. overutilization (particularly poaching dukespace.lib.duke.edu/dspace/handle/ In the southeastern United States and and hunting) occurs to a lesser extent 10161/12872). Poaching has been other areas where people view than when the species was originally responsible for past declining numbers manatees, numerous measures are in listed but continues to occur with

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varying frequency from absent to Factor D. The Inadequacy of Existing as well as possession and sale of any common throughout the species’ range Regulatory Mechanisms part of any manatee (Auil 1998, pp. 29– due to regulatory measures (see detailed Since the manatee was originally 30). discussion in Factor D section) that have listed in 1967, regulatory mechanisms The West Indian manatee is listed in been implemented to protect manatees. have been established throughout the Appendix I of the Convention on Efforts are in place to address remaining West Indian manatee’s range with International Trade in Endangered concerns and are proving effective in a varying degrees of effectiveness. At the Species of Wild Fauna and Flora good portion of the West Indian time of the manatee’s original listing, (CITES). CITES (see www.cites.org) is an manatee’s range. The manatee’s there were very few regulatory international agreement through which situation has improved since it was mechanisms in place. Currently, member countries work together to protect against over-exploitation of originally listed; poaching is not a regulatory mechanisms include, but are animal and plant species found in current threat in the southeastern not limited to, specific laws and international trade. Commercial trade in United States (including Puerto Rico) regulations that prohibit specific and wild-caught specimens of these and has been reduced in other general human activities that impact Appendix I species is illegal (permitted countries. However, the threat of manatees and their habitat, and the only in exceptional licensed poaching in some range countries where establishment of long-term conservation circumstances). The Service reviewed poaching is poorly controlled will likely protection measures at key locations the CITES trade database for the West continue within the foreseeable future throughout the manatee’s range. These Indian manatee, which currently has which we determined to be 50 years include those efforts being made by any information from 1977 to 2013, and (please see section entitled Foreseeable State or foreign nation, or any political Future). found that trade does not pose a threat subdivision of a State or foreign nation, to the West Indian manatee at this time. Factor C. Disease or Predation to protect manatees. The extent and The manatee and its habitat are also overall effectiveness of these regulatory protected by the Cartagena Convention At the time of listing, neither disease mechanisms varies widely from country nor predation were identified as Protocol Concerning Specially Protected to country. Enforcement and Areas and Wildlife for the protection concerns for manatees. While numerous compliance with these measures, as infectious disease agents and parasites and development of the marine well as the need for additional efforts in environment of the Wider Caribbean have been reported in sirenians some countries, continues to be a (manatees and dugongs), there have Region (SPAW Protocol). The SPAW concern and will require additional Protocol, approved in 1990, prohibits been no reports of major West Indian cooperative efforts into the foreseeable manatee mortality events caused by the possession, taking, killing, and future. In the United States, Florida commercial trade of any sirenian disease or parasites (Marsh et al. 2011, county manatee protection plans (MPPs) p. 294). species (UNEP 2010, p. 14). have improved the status of manatees. Although manatees outside of the However, disease-related deaths are Outside the United States, West southeastern United States are legally known to occur in West Indian Indian manatees are protected in most protected by these and other manatees. Recent cases of toxoplasmosis countries by a combination of national mechanisms, full implementation of are a concern in Puerto Rico (Bossart et and international treaties and these international and local laws is al. 2012, p. 139). Marsh et al. (2011, p. agreements as listed in Table 4 in UNEP lacking, especially given limited 294) stated that the importance of (2010, p. 14), in Lefebvre et al. (2001, funding and understaffed law disease as a threat to the manatee is entire), and Table 4.2 in Self-Sullivan enforcement agencies (UNEP 2010, p. unknown. In spite of concerns about the and Mignucci-Giannoni (2012, p. 41). 89). manatee’s ability to rebound from a See Supplemental Document 3 in Marsh et al. (2011, p. 387) indicated population crash should an epizootic Docket No. FWS–R4–ES–2015–0178. that enforcement remains a critical issue event occur, the impact of disease on Countries within the range of the for West Indian manatees. Outside the population viability remains unknown Antillean manatee protect the manatee United States, mechanisms are needed (Sulzner et al. 2012, p. 1). Marsh et al. by national legislation (UNEP 2010, to allow existing West Indian manatee 2011 (p. 294) speculated that the Florida Table 4). For example, in the Bahamas, protection laws to work as intended. subspecies appears to have a robust manatees are protected under the Wild Despite all of the existing regulations for immune system that safeguards them Animals Protection Act (Chapter 248, 21 manatees, illegal poaching and from significant disease outbreaks. We of 1968 E.L.A.O. 1974), which prohibits destruction of habitat continue (Self- suspect this to be also true for the the taking or capture of any wild animal Sullivan and Mignucci-Giannoni 2012, Antillean subspecies because we have (Government of the Bahamas 2004). In p. 41). Enforcement of conservation no documented disease outbreaks. 2005, the Bahamian Government also policies varies in different coastal Mou Sue et al. (1990) described rare created the Marine Mammal Protection regions; in some regions, poaching is attacks by sharks on manatees in Act (No. 12), which monitors and common and in areas with a Panama (p. 239). Reported instances of regulates human interactions with government presence, enforcement sharks and alligators feeding on marine mammals. The Act prohibits efforts are thought to be significant manatees are extremely rare (Marsh et taking, selling, or harassing any marine (Self-Sullivan and Mignucci-Giannoni al. 2011, p. 239). mammal (Government of the Bahamas 2012, p. 45). Summary of Factor C: We do not have 2006). As another example, the Manatee In the United States, in addition to information to indicate that disease and Protection Ordinance (1933–1936) being listed under the Act, the West predation is now or will be a significant provided the first protective legislation Indian manatee is further considered a factor in the foreseeable future. for the species in Belize. In 1981, depleted stock under the Marine However, because of the long lifespan of manatees in Belize were included as an Mammal Protection Act (see greater this mammal, we will continue to endangered species in the Wildlife detail just below; MMPA, 16 U.S.C. monitor disease and predation of Protection Act No. 4 of the Forest 1361 et seq.; Previous Federal Actions manatees with all of our conservation Department. The Act prohibits the section, and Supplemental Document 2 partners. killing, taking, or molesting of manatees, in Docket No. FWS–R4–ES–2015–0178),

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and is also taken into consideration manatees from injury, disturbance, education and signage in coastal areas to when addressing actions under the harassment, and harm in the waters of further reduce manatee mortality. Clean Water Act and the Fish and Florida, and provides for the In addition, there are numerous other Wildlife Coordination Act. The MMPA designation and enforcement of manatee manatee protection laws and regulations has contributed to the improvement of protection zones and has helped to in place in other States within the the status of the manatee in part through improve the status of the species. United States. These are detailed in a its general moratorium on the taking However, Florida statutes state that, table entitled ‘‘Existing International, and importation of marine mammals ‘‘[w]hen the federal and state Federal, and State Regulatory and their products, with some governments remove the manatee from Mechanisms,’’ see ‘‘Supplemental exemptions (e.g., Alaska Native status as an endangered or threatened Document 2’’ in Docket No FWS–R4– subsistence purposes) and exceptions to species, the annual allocation may be ES–2015–0178 or http://www.fws.gov/ the prohibitions (e.g., for scientific reduced’’ (Florida Manatee Sanctuary northflorida and http://www.fws.gov/ research, enhancement of the species, Act (FMSA) Chap. 379.2431(2)(u)(4)(c)), caribbean/es. This table shows an and unintentional incidental take suggesting that adequate funding could extensive list of existing regulatory coincident with conducting lawful be reduced after downlisting. Florida mechanisms in place for the West activities). laws also provide a regulatory basis to Indian manatee; many have been ‘‘Take’’ is defined under the MMPA as protect habitat and spring flows (Florida instituted, revised, or improved to better ‘‘harass, hunt, capture, or kill, or Water Resources Act). protect the manatee. attempt to harass, hunt, capture or kill.’’ In Georgia, West Indian manatees are Based on population growth and The term ‘‘harassment’’ means ‘‘any act listed as endangered under the Georgia stability described earlier in this rule, of pursuit, torment, or annoyance which Wildlife Act of 1973 (O.C.G.A. sections the above-described regulatory has the potential to injure a marine 22–3–130) which prohibits the capture, mechanisms in place have contributed mammal or marine mammal stock in the killing, or selling of protected species towards growth in the West Indian wild’’ (Level A harassment), or ‘‘has the and protects the habitat of these species manatee population in the United States potential to disturb a marine mammal or on public lands. In 1999, the and provided protection for their habitat marine mammal stock in the wild by Commonwealth of Puerto Rico approved as needed. These existing regulatory causing disruption of behavioral the Law No. 241, known as the New mechanisms will remain in effect when patterns, including but not limited to, Wildlife Law of Puerto Rico (Nueva Ley the species is reclassified to threatened. migration, breathing, nursing, breeding, de Vida Silvestre de Puerto Rico). The The West Indian manatee in the United feeding, or sheltering’’ (Level B purpose of this law is to protect, States will remain protected as a harassment). conserve, and enhance both native and threatened species under the Act, and as Under the MMPA, any marine migratory wildlife species, declare to be a depleted species under the MMPA. As mammal species or population stock the property of Puerto Rico all wildlife long as funding remains available, that is listed as an endangered or a species within its jurisdiction, and recovery actions would continue to be threatened species under the Act is regulate permits, hunting activities, and implemented, regulations enforced, and considered by definition ‘‘depleted’’ and exotic species, among other actions. In additional measures adopted as needs managed as such. Furthermore, a marine 2004, the PRDNER approved Regulation arise. State and Federal agencies would mammal stock that is listed under the 6766 to regulate the management of continue to coordinate on the Act is considered a ‘‘strategic stock’’ for threatened and endangered species in implementation of manatee purposes of commercial fishery Puerto Rico (Reglamento 6766— conservation measures. considerations. Neither of these Reglamento para Regir el Manejo de las Summary of Factor D: In summary, categorizations change with the Especies Vulnerables y en Peligro de regulatory mechanisms implemented reclassification of the West Indian Extincio´ n en el Estado Libre Asociado since the manatee’s listing, such as state manatee from endangered to threatened. de Puerto Rico). In particular, the New and foreign country protections, have Both the Florida and Puerto Rico stocks Wildlife Law of Puerto Rico of 1999 and ameliorated some of the factors affecting will remain depleted and strategic its regulations provide for severe fines manatees. However, challenges in the under the MMPA. for any activities that affect Puerto enforcement of regulatory mechanisms Title II of the MMPA established the Rico’s endangered species, including remain and there are still outstanding Marine Mammal Commission the Antillean manatee. These laws threats to the species. When this rule (Commission), an independent agency similarly prohibit the capture, killing, becomes effective and the species is of the U.S. Government, to review and take, or selling of protected species. reclassified to threatened, regulatory make recommendations on the marine Also, the Navigation and Aquatic mechanisms will remain in place under mammal policies, programs, and actions Safety Law for the Commonwealth of the Act and will continue to provide being carried out by Federal regulatory Puerto Rico (Law 430) was implemented legal protections to the species. CITES agencies related to implementation of in year 2000 and allows for the and MMPA protections will also remain the MMPA. The Service coordinates and designation and enforcement of in place. We will continue to maintain works with the Commission in order to watercraft speed zones for the our relationships with local, State, and provide the best management practices protection of wildlife and coastal foreign governments to encourage the for marine mammals. resources (PRDNER 2000). However, in use of regulatory mechanisms to support Within the southeastern United States Puerto Rico and Florida, despite the recovery of manatees. and Puerto Rico, the West Indian protections, watercraft collisions manatee also receives protection by continue to negatively impact manatees Factor E. Other Natural or Manmade most State and Territorial agencies, and (see Factor E). The PRDNER has Factors Affecting Its Continued will continue to receive protection as a indicated that current speed regulatory Existence threatened species. In Florida, the buoys are ineffective, in part because At the time of listing in 1967, one of manatee is protected by the Florida regulations do not identify the perimeter the primary factors that led to its Manatee Sanctuary Act (FMSA), which or area that each buoy regulates federally-protected status was watercraft established Florida as a sanctuary for (Jime´nez-Marrero 2015, pers. comm.). collisions with manatees. Since 1967, manatees. This designation protects Thus, emphasis has been given to public several regulatory measures have been

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established to help address this concern of death may be somewhat et al. (2015, p. 20) observed that which are discussed in detail below. In underestimated for three reasons. First, watercraft-related mortality makes the addition, since manatees have been for the majority of the manatee mortality largest contribution to the risk of protected, studies and monitoring have cases in Puerto Rico, the cause of death extinction; full removal of this single revealed that current factors that may is deemed undetermined (38 percent, 92 threat would reduce the risk of affect West Indian manatees include: out of 242), mostly because carcasses are extinction to near negligible levels. Human-related interactions, such as too decomposed when found and a Mortality data from FWCs Manatee watercraft collisions, harassment, cause of death cannot be determined, so Carcass Salvage Program and other fishing gear entanglement, exposure to it may be that many of these deaths are sources describe numbers of watercraft- contaminants, and naturally occurring also watercraft-related. Second, related deaths, general areas where phenomena such as harmful algal watercraft-related effects that may cause deaths occur, trauma, and other blooms, exposure to the cold, loss of a mother and calf to separate will go parameters (O’Shea et al. 1985, entire; genetic diversity, effects of climate undetected, as it would be challenging Ackerman et al. 1995, entire; Wright et change, and tropical storms and to find evidence of such an event. The al. 1995, entire; Deutsch et al. 2002, hurricanes. In 2007, the Service number of dependent calf deaths in entire; Lightsey et al. 2006, entire; considered watercraft collisions to be Puerto Rico for the past 34 years is 55 Rommel et al. 2007, entire). the most significant factor affecting calves (22.6 percent, 55 out of 242) or Over the past 5 years, more than 80 manatees in the United States (USFWS an average of 1.6 manatee calves per manatees have died from watercraft- 2007, pp. 32–33). We provide year. The majority of the manatees related incidents each year. The highest summaries of other natural and rescued for rehabilitation in Puerto Rico year on record was 2009, when 97 manmade factors below: are calves. Lastly, it is assumed that not manatees were killed in collisions with Watercraft—Watercraft collisions that all carcasses are recovered, so there may boats. The Manatee Individual Photo- kill or injure manatees are a threat in be additional undocumented deaths identification System (1978 to present) some range countries outside the United caused by watercraft. identifies more than 3,000 Florida States. However, current information on However, carcass salvage numbers for manatees by scar patterns mostly caused the effects of boat traffic on manatees Puerto Rico indicate that the number of by boats, and most catalogued manatees does not exist for most range countries watercraft-related deaths is low, and the have more than one scar pattern, outside the United States. In some population is believed to remain stable indicative of multiple boat strikes. A countries such as Belize, watercraft (see Population Size and Population cursory review of boat strike frequency collisions are the predominant cause of Trends sections) in spite of these suggested that some manatees are struck death and are increasing (Auil and numbers. As boat use in Puerto Rico has and injured by boats twice a year or Valentine 2004, in UNEP 2010, p. 22; increased in number and distribution more (O’Shea et al. 2001, pp. 33–35). Galves et al. 2015, entire). As the (PRDNER 2012, p. 3), and with no State Federal, State, and local speed zones number of registered boats has increased or Federal MPAs yet established, one are established in 26 Florida counties. significantly since the mid-1990s, may expect an increase in watercraft- In Brevard and Lee Counties, where manatees are most vulnerable to related conflicts. Still, manatee carcass watercraft-related mortality is among collisions in the waters near Belize City totals for Puerto Rico have exceeded 10 the highest reported, speed zone (Auil 1998, in UNEP 2010, p. 22; Galves or more only six times over 34 years and regulations were substantially revised et al. 2015, entire). Motorboats are average approximately 7 per year and areas posted to improve manatee becoming more abundant and popular (Mignucci et al. 2000, p. 192; Mignucci- protection in the early 2000s. Since in Guatemala, and watercraft traffic and Giannoni 2006, p. 2; PRDNER Manatee 2004, the FWC has approved new speed are not regulated even within Stranding Reports 2015, unpubl. data). manatee protection rules for three protected areas (UNEP 2010, pp. 45–46). In addition, calf numbers documented counties in Tampa Bay and reviewed An aquatic transportation system with in the most recent aerial surveys and updated speed zones in Sarasota, high-powered engines has increased indicate the population is reproducing Broward, Charlotte, Lee, and Duval boat transit in one of the most important well, with a record high of 23 calves Counties. In October 2005, the manatee habitat areas in Panama (UNEP counted in December 2013 (see Hillsborough County Commission 2010, p. 66). Increased boating activities Population Size section). As the species adopted mandatory manatee protection in Brazil have resulted in both lethal continues to move towards recovery, the slow-speed zones in the Cockroach Bay collisions with manatees and disruption Service will continue to address and Aquatic Preserve that previously had of manatee behavior (Self-Sullivan and make improvements towards avoiding been voluntary. In 2012, speed zones Mignucci-Giannoni 2012, p. 43). and further reducing watercraft-related were established in the Intracoastal Within the United States, watercraft- deaths or impacts. Waterway in Flagler County. In related deaths have been identified as In Florida, a manatee carcass salvage addition, of the 13 counties identified in the most significant anthropogenic program, started in 1974, collected and 1989 as in need of State-approved threat to manatees in both Florida and examined manatee carcasses to MPPs, all have approved plans. Two Puerto Rico. In Puerto Rico, 34 years of determine cause of death. This program additional counties, Clay and Levy, manatee mortality data from 1980 to identified watercraft collisions with proactively developed their own MPPs. 2014 indicate that a total of 37 manatees manatees as a primary cause of human- Implementation of these protective have died due to watercraft (Mignucci et related manatee mortality. The recent measures stabilizes and may even al. 2000, p. 192; Mignucci-Giannoni status review and threats analysis shows reduce the mortality rate from watercraft 2006, p. 2; PRDNER 2015, unpubl. data). that watercraft-related mortality remains collisions. An anticipated increase (118 This number represents approximately the single largest threat in Florida to the percent) in the number of boats using 15 percent of the total known mortality West Indian manatee (O’Shea et al. Florida waterways over the next 50 cases during that time (37 out of 242) or 1985, entire; Ackerman et al. 1995, years will require continued efforts to an average of 1.1 manatees per year. entire; Wright et al. 1995, entire; minimize watercraft collisions with Although 37 deaths may be considered Deutsch et al. 2002, entire; Lightsey et manatees. a low number, it can be argued that the al. 2006, entire; Rommel et al. 2007, The primary conservation action in percentage of watercraft-related causes entire, Runge et al. 2015, p. 16). Runge place to reduce the risk of manatee

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injury and death from watercraft between 41 and 49 manatees being the water. Extensive education and collisions is a limitation on watercraft killed by accidental entanglements in outreach efforts increase awareness and speed. The rationale is that a slower fishing nets from 1999 to 2000 (Jime´nez promote sound gear disposal activities. speed allows both manatees and boaters 2002, in UNEP 2010, p. 63). Although As a result, deaths and serious injuries additional response time to avoid a gillnets are illegal in Costa Rica, gillnet associated with fishing gear are now collision. Furthermore, if an impact entanglements still occur there. extremely rare. Runge et al. (2015, p. 16) occurs, the degree of trauma will However, they are uncommon in certain determined that marine debris generally be less if the colliding boat is protected manatee use areas (Jime´nez (including entanglements in and operating at slower speed (Laist and 2005, in UNEP 2010, p. 34). ingestion of fishing gear) presented a Shaw 2006, p. 478; Calleson and Castelblanco-Martı´nez et al. (2009, in weak threat to the West Indian manatee Frohlich 2007, p. 295). Despite Marsh et al. 2011, p. 278) suggest that in Florida. In the future, we would like continued losses due to watercraft incidental drowning in fishing nets to seek opportunities to share collisions, the southeastern U.S. causes almost half of the mortality and information with countries like Cuba, manatee population is expected to wounding of manatees in the Orinoco Belize, and Mexico and continue to increase slowly under current River in Colombia. A variety of fishing reduce entanglements from discarded or conditions (Runge et al. 2015, p. 11), gear was reported to cause manatee current gear range wide. which is due in part to regulatory entanglements, and at least 43 calves Water Control Structure—Advances measures that have been implemented were entangled in gear in northeast in water control structure devices that since the manatee was listed. Brazil between 1981 and 2002 (UNEP prevent manatees from being crushed or The Service developed programmatic 2010, p. 26). On the northeast coast of impinged have been largely successful. consultation procedures and permit Brazil, the main cause of manatee In Florida, most structures have been conditions for new and expanding deaths is due to the constant presence fitted with devices. These devices watercraft facilities (e.g., docks, boat of gill and drag nets (Lima et al. 2011, include acoustic arrays, piezoelectric ramps, and marinas) as well as for p. 107). However, most range countries strips, grates, and bars that reverse dredging and other in-water activities outside of the United States do not have closing structures and/or prevent through an effect determination key current information on the effects of manatees from accessing gates and with the U.S. Army Corps of Engineers fishing gear and entanglements on recesses. Runge et al. (2015, p. 16) and State of Florida (the ‘‘Manatee manatees. determined that water control structures Key’’) (revised in 2013). The Manatee In Puerto Rico, fisheries-related presented a weak threat to the West Key ensures that watercraft facility entanglements and debris ingestion may Indian manatee in Florida and noted locations are consistent with MPP boat cause take and reduce fitness of that death or injury due to water control facility siting criteria and are built manatees. In July 2009, there was a structures had become a rare event consistent with MPP construction documented case of entanglement (2015, p. 19). conditions. The Service concluded that (beach seine net) and successful release these procedures constitute appropriate of an adult manatee. In 2014, three adult Contaminants—Direct and indirect and responsible steps to avoid and manatees were entangled in large exposure to contaminants and/or minimize adverse effects to the species fishing nets, one of which was an adult chemical pollutants in benthic habitats and contribute to recovery of the female that died (PRDNER 2015, is another factor that may have adverse species. unpubl. data). A few manatees have also effects on manatees (Bonde et al. 2004, Fishing Gear—Fishing gear (nets, crab been found that were severely entangled p. 258). Contaminants are known to traps, etc.) is known to entangle and in monofilament line. Stranding records have affected one manatee in Puerto injure and kill manatees; ingestion of indicate they rarely cause manatee Rico (diesel spill), and residues from fishing gear and other debris deaths in Puerto Rico; a total of four in sugar processing in Cuba are thought to (monofilament and associated tackle, 34 years have been documented. have killed manatees there (Caribbean plastic banana bags, etc.) also kills Fishing gear, including both gear in Stranding Network 1999, entire; UNEP manatees. In countries outside the use and discarded gear (i.e., crab traps 1995 in UNEP 2010, p. 37). Because of United States, the incidental capture of and monofilament fishing line), is a this, manatees may have abandoned animals in fishing gear is still a threat, continuing and increasing problem for Cuba’s largest bay area because of and the captured manatees are manatees in the southeastern United contamination (UNEP 1995 in UNEP occasionally butchered and used for States. It is unknown if the increasing 2010, p. 37). In Florida, manatees food and various products. In Cuba, number of rescues is a reflection of congregate at warm water outfalls in researchers have recently documented a increasing awareness and reporting of port areas where large volumes of decrease in the number of manatee entangled manatees, increases in fishing petroleum products are transshipped. deaths within a marine protected area, effort, increases in the number of The proximity of large numbers of hypothesized to be due to a ban on the manatees, or other factors. Between manatees to these areas where they and use of trawl net fishing in that area (Sea 2010 and 2014, researchers attributed their habitat can be exposed to to Shore Alliance 2014, entire). One of 18.2 percent of all rescues to petroleum puts them at risk. The U.S. the principal causes of perceived entanglement. Coast Guard and the State of Florida increases in manatee decline along the Rescue activities that disentangle practice oil spill drills in these areas northern and western coasts of the manatees have almost eliminated and prepare for such contingencies. Yucatan peninsula includes increased mortalities and injuries associated with There are many activities that introduce use of fishing nets that entangle fishing gear (USFWS Captive Manatee contaminants and pollutants into the manatees (Morales-Vela et al. 2003, in Database 2015, unpubl. data) which has manatees’ environment—gold mining, UNEP 2010, p. 59; Serrano et al. 2007, likely contributed towards the agriculture, oil and gas production, and p. 111). In Honduras, the major cause of improvement of the status of the others. Despite the presence of known manatee mortality in the period species. Derelict crab trap removal and contaminants in manatee tissues, the 1970–2007 was due to entanglement in monofilament recycling programs aid in effect that these have on manatees is fishnets (Gonza´lez-Socoloske et al. efforts to reduce the number of poorly understood (Marsh et al. 2011, 2011, p. 123), while Nicaragua reports entanglements by removing gear from pp. 302–305).

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Algal Blooms—These red tide blooms protect these sources to minimize cold- include heat waves, droughts, occur when large concentrations of the related manatee deaths. accelerated snow and ice melt including red tide organism Karenia brevis are Genetics—Isolated locations, small permafrost warming and thawing, present along Florida’s Gulf coast. These population sizes, and low genetic floods, cyclones, wildfires, and concentrations produce brevetoxins diversity increase the susceptibility of widespread changes in precipitation which are inhaled or ingested by West Indian manatee to rapid decline amounts (IPCC 2014, pp. 4, 6). Due to manatees with lethal effect. In and local extinction (Hunter et al. 2012, the projected sea level rise (SLR) southwest Florida, extensive red tide p. 1631). Low genetic diversity has been associated with climate change, coastal blooms killed 276 manatees in 2013. identified as a threat to manatee systems and low-lying areas will Runge et al. (2015, p. 20) noted that on populations in Puerto Rico and Belize increasingly experience adverse impacts Florida’s Gulf coast, red tide effects are (Hunter et al. 2010, entire; Hunter et al. such as submergence, coastal flooding, stronger than the effect of watercraft- 2012, entire). In addition, the manatee and coastal erosion (IPCC 2014, p. 17). related mortality due, in part, to ‘‘the population in Puerto Rico is essentially In response to ongoing climate change, increased estimate of adult survival in closed to immigration from outside many terrestrial, freshwater, and marine the Southwest and the anticipated sources. Natural geographical features species have shifted their geographic continued increase in the frequency of and manatee behavior limits gene flow ranges, seasonal activities, and severe red-tide mortality.’’ Runge et al.’s from other neighboring manatee migration patterns (IPCC 2014, p. 4). (2015, p. 1) analysis did not address the populations (i.e., Dominican Republic), Although SLR is due in part to natural effect of the 2013 red tide event in its and genetic mixing is not expected variability in the climate system, assessment. (Hunter et al. 2012, p. 1631). Manatee scientists attribute the majority of the In 2011, algal blooms in Florida’s populations in other portions of the observed increase in recent decades to Indian River Lagoon clouded the water range may also be affected by isolation, human activities that contribute to column and killed over 50 percent of small population size, and low genetic ocean thermal expansion related to the seagrass beds in the region (St. Johns diversity. Low genetic diversity in the ocean warming, and melting of ice River Water Management District, 2015). southeastern United States has been (Marcos and Amores 2014, pp. 2504– The loss of seagrass beds likely caused identified as a potential concern (Bonde 2505). Trend data show increases in sea level a dietary change that may have played et al. 2012, p. 15). However, there is have been occurring throughout the a role in the loss of more than 100 limited detailed genetic information to confirm the significance of this to the southeastern Atlantic and Gulf coasts, manatees in the area. While algal West Indian manatee as a whole. and, according to Mitchum (2011, p. 9), blooms occur in other parts of the Tropical Storms—Tropical storms and the overall magnitude in the region has species’ range, there have not been any hurricanes may also pose a threat to been slightly higher than the global significant die-offs attributable to this manatees. Live manatee strandings and average. Measurements summarized for cause in this portion of the species’ reduced adult manatee survival rates stations at various locations in Florida range. can be attributed, in part, to hurricanes indicate SLR there has totaled Cold Weather—The Florida manatee and storms (Langtimm and Beck 2003, approximately 200 millimeters (mm) subspecies is at the northern limit of the entire; Langtimm et al. 2006, entire). (8 inches (in.)) over the past 100 years, species’ range. As a subtropical species, Langtimm and Beck (2003) suggest that with an average of about 3.0 mm per manatees have little tolerance for cold both direct and indirect mortality (from year (0.12 in. per year) since the early and must move to warm water during strandings, debris-related injuries, 1990s (Ruppert 2014, p. 2). The the winter as a refuge from the cold. See animals being swept offshore, etc.) and/ relatively few tidal gauges in Florida, Recovery section for additional or emigration associated with Alabama, Georgia, South Carolina, and information. During extremely cold hurricanes and storms may cause a southern North Carolina also show weather, hundreds of animals died in decrease in adult survival rates. This increases, the largest increases being in 2010 and 2011 due to cold stress. result has been observed in Florida and South Carolina, Alabama, and parts of Notably, animals that relied on Florida’s in Mexico: Hurricanes and storms are Florida (NOAA Web site http:// natural warm-water springs fared the thought to affect the presence/absence tidesandcurrents.noaa.gov/sltrends/ best, while animals in east-central and of manatees in storm-struck areas. In sltrends.shtml, accessed August 28, south Florida, where springs are absent, Puerto Rico, tropical storms and 2015). fared the worst (Barlas et al. 2011, p. hurricanes intensify heavy surf, and at Continued global SLR is considered 31). Manatees using seagrass beds along least one manatee calf death was virtually certain to occur throughout east-central Florida’s Atlantic coast attributed to Hurricane Hortense in 1996 this century and beyond (Stocker, 2013, cannot easily access warm-water springs (USFWS 2007, p. 33). Other factors can p. 100; Levermann et al. 2013, entire). of the St. Johns River during periods of either exacerbate or ameliorate risk to Depending on the methods and cold temperatures, and in the absence of the manatee population, such as density assumptions used, however, the range of access to warm water associated with of manatees within the strike area, the possible scenarios of global average SLR power plants, these manatees are at risk. number of storms within a season, for the end of this century is relatively Since these events, the number of protective features of the coastline such large, from a low of 0.2 meters (m) deaths due to cold has returned to an as barrier islands, or occurrence of other (approximately 8 in.) to a high of 2 m average of roughly 30 per year (FWC mortality factors (Langtimm et al. 2006, (approximately 78 in., i.e., 6.6 feet (ft)) FWRI 2015, unpubl. data). While cold p. 1026). However, there is limited (Parris et al. 2012, pp. 2, 10–11). stress remains a threat to Florida information to confirm the significance Although this relatively wide range manatees, Antillean manatees, found of tropical storms on manatees. reflects considerable uncertainty about outside of the southeastern United Climate Change/Sea-level Rise—The the exact magnitude of change, it is States, do not suffer from cold stress Intergovernmental Panel on Climate notable that increases are expected in all because they inhabit warm subtropical Change (IPCC) concluded that warming cases, and at rates that will exceed the waters. Progress is being made in of the climate system is unequivocal SLR observed since the 1970s (IPCC protecting warm-water sites; we (IPCC 2014, p. 3). The more extreme 2013, pp. 25–26). Given the large continue to work with our partners to impacts from recent climate change number and variety of climate change

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and SLR models, forecasts of the rate capita number of boats operating in manatees and their habitat are and extent of SLR vary significantly. manatee habitat. If these changes were uncertain. Because of the variation in projections to occur, decreases in the numbers of While watercraft collisions and the and uncertainties associated with boats operating in manatee habitat could pending loss of the Florida manatees’ manatee response to SLR, it will be reduce numbers of manatee–watercraft loss of warm water habitat are being important to continue monitoring collisions (Edwards et al. 2012, p. 7). addressed, they have not been manatee habitat use throughout the Many complex factors with eliminated. There is a high level of species’ range. potentially negative consequences are uncertainty regarding the overall effects Other possible effects of climate likely to operate on the world’s marine of climate change on the species and its change include increases in the ecosystems as global climate change habitat. frequency of harmful algal blooms, progresses. Conversely, climate change Cumulative Effects—Factors can increases in the frequency and intensity could potentially have a beneficial individually impact a species and/or its of storms, losses of warm-water refugia effect, as well (see discussion above). habitat and can work in concert with and possible decreases in the number of Therefore, there is uncertainty regarding one another to cumulatively create watercraft collisions. Warmer seas may how climate change and its effects may conditions that may impact a species or increase the frequency, duration, and impact the manatee and its habitat in its habitat beyond the scope of magnitude of harmful algal blooms and the future (Hoegh-Guldberg and Bruno individual threats and, thereby, increase cause blooms to start earlier and last 2010 in Marsh et al. 2011, p. 313). See the risk of extinction. Factors negatively longer. Increases in salinity could create Cumulative Effects below. affecting manatees include habitat loss, more favorable conditions for other Summary of Factor E: At the time of degradation, and fragmentation; species; conversely, increases in storm listing, manatees were believed to be watercraft collisions; the loss of winter frequency and extreme rainfall could threatened by watercraft, the loss of warm-water habitat; poaching; and offset the effects of salinity on algal seagrasses, contaminants, and others. growth (Edwards et al. 2012, p. 3). harassment. Since the then, efforts to In our assessment, we reviewed Climate change models predict that reduce boat collisions have been manatee population models the intensity of hurricanes will increase successful in some cases; however, (Castelblanco-Martı´nez et al. 2012; with increasing global mean watercraft collisions continue to be an Runge et al., 2007; and others) that temperature (Edwards et al. 2012, p. 4). ongoing concern for manatees. assessed the effects of these threats both Langtimm et al. (2006, entire) found that Watercraft strikes or collisions, fishing individually and cumulatively. Runge et mean adult survival dropped gear entanglement, entrapment or al. (2007) conducted a simultaneous and significantly in years after intense crushing in water control structures, integrated analysis of the threats facing hurricanes and winter storms. These contaminants; harmful algal blooms, Florida manatees and concluded that decreases were thought to be due to cold weather, loss of genetic diversity, the role of threats faced by manatees is tidal stranding, animals being swept out tropical storms, and the effects of cumulative and increases the risk of to sea, loss of forage, or emigration of climate change are factors that may extinction. Castelblanco-Martı´nez et al. animals out of affected areas (Langtimm continue to have an effect on West (2012, p. 130) observed that ‘‘[t]he et al. 2006, p. 1026). Indian manatees for the foreseeable cumulative actions of natural For manatees in the southeastern future. The negative effects associated catastrophes, anthropogenic United States, SLR could mean the loss with increasing numbers of watercraft disturbances, and low recovery rates can of most of the major industrial warm- will require continued maintenance and cause a progressive decrease in the water sites and result in changes to enforcement of manatee protection [Antillean manatee] population natural warm-water sites. In the event of areas, and the adoption of additional throughout the range.’’ a projected SLR of 1 to 2 meters (3.3 to protected areas both inside and outside Runge et al. (2007) considered the 6.6 feet) in 88 years (Rahmstorf 2010 the United States will continue as needs individual effect of each threat and the and Parris et al. 2012 in Edwards et al. become apparent. Increasing fishing cumulative effect of multiple threats in 2012, p. 5), SLR will inundate these efforts and the consequent increase of pairs, multiples and all threats. By way sites and warm-water capacity could be fishing gear in water will require of example, the authors observed that lost. While power plants may not be in continued efforts to maintain gear in a the addition of the watercraft threat to operation when SLR inundates their manatee-safe fashion, additional and a baseline scenario with no threats sites, the increased intensity and continued gear clean-ups, and raised the extinction probability and frequency of storms could interrupt maintenance of the manatee rescue that the addition of the watercraft threat plant operations and warm-water program to rescue entangled manatees. to a scenario that contained all of the production. If storms result in the loss While most water control structures in remaining threats raised the extinction of a power plant, manatees that winter the United States have been fitted to probability to an even greater extent at that site could die in the event that prevent impingements and crushings (Runge et al., 2007, p. 13). They noted they did not move to an alternate and have contributed to the that ‘‘[a]ny single threat does not pose location (Edwards et al. 2012, p. 5). improvement of the status of manatees, a particularly large risk, but in Increased intrusion of saltwater from new structures in the United States combination the risk is substantially SLR or storm surge coupled with must be fitted to minimize impacts to greater’’ (Runge et al., 2007, p. 13). reduced spring flows could reduce or manatees. Existing and new structures We did not find significant eliminate the viability of natural springs outside the United States should be information that would lead us to used by wintering manatees (Edwards et fitted, as well. For manatees in Florida, believe that the cumulative effect of al. 2012, p. 5). harmful algal blooms and cold weather factors acting on the species warrants Climate-change-induced loss of will continue to affect this subspecies. maintaining the West Indian manatee as fishing habitat and boating Tropical storms and hurricanes will endangered. Rather, the potential infrastructure (docks, etc.), increases in continue to have an effect on the West cumulative effects of factors (both storm frequency, and pollutants and Indian manatee in most parts of its positive and negative) affecting the West changes in economics and human range. Effects of climate change and sea Indian manatee, in part, contribute to demographics could decrease the per level rise impacts on West Indian the species’ threatened status.

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Foreseeable Future identify in our determination that the regulatory mechanisms have been The Act does not define the term foreseeable future of this species is 50 identified, including in areas outside ‘‘foreseeable future.’’ In a general sense, years (see below), is largely consistent the United States. For example, full the foreseeable future is the period of with the lifespan of this species. We implementation of international and time over which events can reasonably have also used two published local laws is lacking, especially given be anticipated; in the context of the population models (Castelblanco- limited funding and understaffed law definition of ‘‘threatened species,’’ the Martı´nez et al. 2012; Runge et al. 2015) enforcement agencies (UNEP 2010, p. Service interprets the foreseeable future and a threats analysis to state there is a 89). Most of the identified factors in this as the extent of time over which the small chance that the West Indian rule impacting the West Indian manatee Secretary can reasonably rely on manatee will become extinct within this are influenced by humans, and recovery predictions about the future in making timeframe. actions are aimed at mitigating or As suggested in the Solicitor’s determinations about the future reducing these human activities that are opinion, for the purposes of the present detrimental to the species. conservation status of the species. It is analysis, we are relying on an Within the foreseeable future of 50 important to note that references to evaluation of the foreseeability of years, human populations and ‘‘reliable predictions’’ are not meant to threats and the foreseeability of the concomitant factors affecting the species refer to reliability in a statistical sense effect of the threats on the species, are expected to increase. For example, of confidence or significance; rather the extending this time period out only so human population growth and the words ‘‘rely’’ and ’’reliable’’ are far as we can use the data to formulate resulting pressure exerted on habitats intended to be used according to their reliable predictions about the status of are expected to result in more impacts common, non-technical meanings in the species, and not extending so far as to coastal and freshwater resources, as ordinary usage. In other words, we to venture into the realm of speculation. land is converted to uses that will meet consider a prediction to be reliable if it Therefore, in the case of the West Indian the needs of the human population. In is reasonable to depend upon it in manatee, we conclude that the 2015, there were 634,000,000 people in making decisions, and if that prediction foreseeable future is that period of time Latin America and the Caribbean (UN does not extend past the support of within which we can reliably predict 2015, p. 1); in 2010, there were scientific data or reason so as to venture whether or not the species is likely to 18,801,310 people in Florida (Carr and into the realm of speculation. become an endangered species as a Zwick et al. 2016, p. 4). Human In considering threats to the species result of the effects of the threats populations in the Latin American and and whether they rise to the level such specified in this rule. We consider 100 Caribbean region are projected to grow that listing the species as a threatened years to be beyond the foreseeability of to 784,000,000 by 2050 (23.7 percent) species or endangered species is threats to the West Indian manatee and in Florida, to 33,721,828 (68.7 warranted, we assess factors such as the across the 21 countries where the West percent) by 2070 (UN 2016; Carr and imminence of the threat (i.e., is it Indian manatee currently occurs (Table Zwick et al. 2016, p. 4). Given that currently affecting the species or, if not, 1), especially given the known human populations continue to grow when do we expect the effect from the uncertainties and data limitations (Marsh et al. 2012, p. 321), it is expected threat to commence, and whether it is throughout most of the Antillean that human-manatee conflicts will also reasonable to expect the threat to subspecies range. We have identified a increase and will result in additional continue into the future), the scope or foreseeable future of 50 years because it stressors to the West Indian manatee extent of the threat, the severity of the is a period of time over which we are population and greater challenges for threat, and the synergistic effects of all able to reliably predict the magnitude of conservation. In Florida, human threats combined. If we determine that threats and their effects on manatee. population increases will increase water the species is not currently in danger of This time period is consistent with withdrawals from Florida’s aquifers extinction, then we must determine respect to our ability to make which, in turn, will diminish the whether, based upon the nature of the predictions on the magnitude and the amount of warm water available to threats, it is reasonable to anticipate that effects of the principal factors impacting manatees in Florida’s springs (Edwards the species is likely to become in danger the species as described above. The 50- 2012, p. 6). This population increase of extinction within the foreseeable year period is also similar to the will also increase the number of future. As noted in the 2009 Department timeframe used for the decline registered boats in Florida from 915,713 of the Interior Solicitor’s opinion on predictions identified for this species by (Florida Department of Highway Safety foreseeable future, ‘‘in some cases, the IUCN (decline at a rate of at least 10 and Motor Vehicles: Florida Vessel quantifying the foreseeable future in percent over the course of three Owners, Statistics 2015; http:// terms of years may add rigor and generations or about 60 years, Deutsch www.hsmv.state.fl.us/dmv/ transparency to the Secretary’s analysis et al. 2008, online). This approach TaxCollDocs/vesselstats2015.pdf) to an if such information is available. Such creates a more robust analysis of the estimated 2,000,000 boats by 2060 definitive quantification, however, is best scientific and commercial data (118.4 percent), likely increasing the rarely possible and not required for a available. risk of vessel collisions with manatees foreseeable future analysis’’ (DOI 2009; As explained in more detail above, (FWC 2008, p. 24). Continuing and p. 9), available at https:// principal factors impacting the species increasing efforts will be needed to solicitor.doi.gov/opinions/M-37021.pdf. include: Habitat destruction and ensure that this species does not become One possible way to determine modification, future availability of endangered within the foreseeable foreseeable future is as the lifespan of warm-water sites for the Florida future. the species. As explained in our manatee, the frequency of red tide and/ proposed rule (81 FR 1004; January 8, or other unusual mortality events, Determination 2016), the lifespan of the manatee is not watercraft strikes and injuries, and An assessment of the need for a known with certainty, but there is a poaching in some areas of its range. In species’ protection under the Act is record of a 67-year old captive Florida addition, although numerous regulatory based on whether a species is in danger manatee and documented longevity mechanisms to protect manatees exist, of extinction or likely to become so records of over 55 years in the wild. We challenges in the enforcement of these because of any of the five factors: (A)

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The present or threatened destruction, species’ recovery, is discussed in more State of Florida and the Service rely on modification, or curtailment of its detail below. county MPPs to address impacts to habitat or range; (B) overutilization for Human causes of mortality and injury manatee habitat from installation of, for commercial, recreational, scientific, or are being addressed in part throughout example, a boat dock or marina. In educational purposes; (C) disease or the manatee’s range. Predominant Florida, the other potential significant predation; (D) the inadequacy of causes of mortality and injury include threat facing manatees is the loss of existing regulatory mechanisms; or (E) poaching (factor B), entanglement in winter warm-water habitat and algal other natural or human-made factors fishing gear (factor E), and collisions blooms pose a localized threat to West affecting its continued existence. As with watercraft (factor E). Poaching has Indian manatees. Federal and State required by section 4(a)(1) of the Act, been eliminated in the southeastern agencies are working with the power we conducted a review of the status of United States and in Puerto Rico (factor industry and others to ensure a future the West Indian manatee and assessed B). Efforts to address poaching outside warm-water network to sustain the five factors to evaluate whether the the United States vary in effectiveness, manatees into the future. While many species is in danger of extinction, or with some successful reductions in a strides have been made in this area, likely to become endangered in the few countries (factor D). Poaching work continues to be done to fully foreseeable future throughout all or a attempts in areas where controls are not address and reduce this threat, as significant portion of its range. We in place are a threat to the West Indian described above in our review of the examined the best scientific and manatee that makes it likely to become Florida manatee recovery plans. In commercial information available endangered within the foreseeable addition, we must continue to address regarding the past, present, and future future. Entanglement in fishing gear pending changes in the manatees’ threats faced by this species. continues throughout the species’ range warm-water network (develop and In considering what factors might (factor E). In the southeastern United implement strategies) and support the constitute current threats, we must look States, entangled manatees are rescued adoption of minimum flow regulations beyond the mere exposure of the species and very few deaths and serious injuries for remaining important springs used by to the factor to determine whether the occur. In Puerto Rico, there have been manatees. If warm water refuges are lost, exposure causes actual impacts to the few entanglements since 1986, when this threat could cause the loss or species. If there is current exposure to entanglements were first reported as a debilitation of manatees due to cold a factor, but no response, or only a severe threat. Entanglements outside the stress that will make the West Indian positive response, that factor is not a United States are known to occur; manatee likely to become endangered in threat. If there is exposure and the however, the magnitude and severity of the foreseeable future. species responds negatively, the factor this threat is unknown. Available population estimates may be a threat and we then attempt to Watercraft collisions are the suggest that there may be as many as determine how significant the threat is. predominant anthropogenic cause of 13,142 manatees throughout the species’ If the threat is significant, it may drive, death for manatees in the United States range (UNEP 2010, p. 11 and or contribute to, the risk of extinction of (factor E). The Service, other Federal Castelblanco-Martı´nez et al., 2012, p. the species such that the species agencies, and State and Commonwealth 132, Martin et al., 2015, p. 44). warrants listing as an endangered wildlife management agencies continue Estimates from countries outside the species or threatened species as those to be engaged in significant efforts to United States (6,250) are largely terms are defined by the Act. This address and further reduce this threat. determination does not necessarily In Florida, a network of marked, conjectural and are based on the require empirical proof of a threat. The enforced, manatee protection areas opinions of local experts. Within the combination of exposure and some ensure that boat operators slow down to United States, Martin et al., (2015, p. 44) corroborating evidence of how the help avoid manatees. In Puerto Rico, and Pollock et al., (2013, p. 8) describe species is likely impacted could suffice. manatee protection areas have not been population estimates of 6,350 manatees The mere identification of factors that designated, but a number of regulated and 532 manatees in the southeastern could impact a species negatively is not manatee speed buoys are in place to United States and Puerto Rico, sufficient to compel a finding that better protect manatees (factors A and respectively. listing is appropriate; we require D). Watercraft collisions are known to Recent demographic analyses evidence that these factors are operative kill manatees outside the United States; (through 2009) suggest a stable or threats that act on the species to the however, available information on the increasing population of Florida point that the species meets the magnitude of this threat in other manatees (Runge et al., 2015, entire) and definition of an endangered species or countries is limited, except for in Belize demonstrate that Florida manatees are threatened species under the Act. where this threat is known to be not endangered at the present time. By definition, an endangered species significant and increasing. Castelblanco-Martı´nez et al.’s (2012, pp. is a ‘‘species which is in danger of Habitat fragmentation and loss are 129–143) PVA baseline model for the extinction throughout all or a significant thought to be the greatest threats to Antillean manatee describes a portion of its range’’ and a threatened manatees outside the United States metapopulation with positive growth. species is a ‘‘species which is likely to (factor A). Development activities in Runge et al., (2015, p. 13) predict that become an endangered species within coastal and riverine areas destroy it is unlikely (< 2.5 percent chance) that the foreseeable future throughout all or aquatic vegetation and block access to the Florida population of manatees will a significant portion of its range.’’ In the upriver reaches and freshwater. This fall below 4,000 total individuals over southeastern United States, where the can disrupt dispersal and foraging the next 100 years, assuming current largest population of manatees exists, patterns and exacerbate the effects of threats remain at their current levels the manatee population has likely poaching especially on small indefinitely. The ability of the West grown in size, based on updated adult populations. Within the United States, Indian manatee to survive long-term survival rate estimates and estimated Federal, State, and Commonwealth across its range is related to its ability growth rates (Runge et al., 2015, p. 19). agencies limit habitat losses and those to withstand human-caused and natural A summary of the factors affecting the activities that block access through threats of varying magnitude and species, including successes in the regulatory processes. For example, the duration and the efforts of stakeholders

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to adequately address manatees’ species throughout all of its range, no involvement in actions or projects such conservation needs. portion of its range can be ‘‘significant as permitting boat access facilities There are numerous ongoing efforts to for purposes of the definitions of (marinas, boat ramps, etc.), dredge and protect, conserve, and better understand ‘‘endangered species’’ and ‘‘threatened fill projects, high-speed marine events, West Indian manatees and their habitat species.’’ See the Service’s Significant warm-water discharges, and many other throughout their range, as described in Portion of its Range (SPR) Policy (79 FR activities. this rule. The contribution of these 37578, July 1, 2014). Section 8(a) of the Act authorizes the recovery efforts to the current status of provision of limited financial assistance the species is important. Given our Available Conservation Measures for the development and management of review of the best scientific and Conservation measures provided to programs that the Secretary of the commercial information available and species listed as endangered or Interior determines to be necessary or analyses of threats and demographics, threatened under the Act include useful for the conservation of we conclude that the West Indian recognition, recovery actions, endangered or threatened species in manatee no longer meets the Act’s requirements for Federal protection, and foreign countries. Sections 8(b) and 8(c) definition of endangered. However, prohibitions against certain practices. of the Act authorize the Secretary to there are many important actions that Recognition through listing increases encourage conservation programs for must be taken to address the remaining public awareness of threats to the West foreign listed species, and to provide threats to manatees before the manatee Indian manatee, and promotes assistance for such programs, in the can be delisted. Some imminent threats conservation actions by Federal, State, form of personnel and the training of remain and will likely continue into the and local governments in the United personnel. foreseeable future and possibly escalate States, foreign governments, private The Secretary has the discretion to and need to be addressed as organizations and groups, and prohibit by regulation, with respect to appropriate. Escalating threats may be individuals. The Act provides for any threatened species, any act concomitant with increasing human possible land acquisition and prohibited under section 9(a)(1) of the populations, and commensurate efforts cooperation with the State, and for Act. Exercising this discretion, the will be needed to keep pace with these recovery planning and implementation. Service developed general prohibitions and any new threats that may evolve. The protection required of Federal (50 CFR 17.31) and exceptions to those These remaining or new potential agencies and the prohibitions against prohibitions (50 CFR 17.32) under the threats, especially those acting upon taking and harm are discussed, in part, Act that apply to most threatened declining and smaller populations make below. species. Our regulations at 50 CFR 17.31 the species likely to become endangered A number of manatees occur in near- provide that all the prohibitions for in the foreseeable future (50 years). shore waters off Federal conservation endangered wildlife under 50 CFR We did not find significant lands and are consequently afforded 17.21, with the exception of 50 CFR information that would lead us to some protection from development and 17.21(c)(5), will generally also be believe that the cumulative effect of large-scale habitat disturbance. West applied to threatened wildlife. These factors acting on the species warrants Indian manatees also occur in or prohibitions make it illegal for any maintaining the West Indian manatee as offshore of a variety of State-owned person subject to the jurisdiction of the endangered. Rather, we find that the properties, and existing State and United States to ‘‘take’’ (including to potential cumulative effect of factors Federal regulations provide protection harass, harm, pursue, hunt, shoot, acting on the West Indian manatee, in on these sites. There are also a wound, kill, trap, capture, collect, or to part, contributes to the species’ significant number of manatees that attempt any of these) within the United threatened status. Overall, regulatory occur along shores or rivers of private States or upon the high seas, import or mechanisms adopted since the lands, and through conservation export, deliver, receive, carry, transport, manatee’s listing have ameliorated some partnerships, many of these use areas or ship in interstate or foreign factors affecting manatees. However, in are protected through the owners’ commerce in the course of a commercial some instances, regulatory mechanisms stewardship. In many cases, these activity, or to sell or offer for sale in are still inadequate such that the partnerships have been developed interstate or foreign commerce, any manatee continues to require the through conservation easements, endangered (and hence, threatened) protections of the Act. We find that the wetland restoration projects, and other wildlife species. It also is illegal to West Indian manatee is no longer in conservation means. possess, sell, deliver, carry, transport, or danger of extinction throughout all of its Section 7(a) of the Act, as amended, ship any such wildlife that has been range due to (1) significant recovery and as implemented by regulations at 50 taken in violation of the Act. Certain efforts made throughout parts of its CFR part 402, requires Federal agencies exceptions apply to agents of the range to address threats and (2) a better to evaluate their actions with respect to Service and State conservation agencies. understanding of manatee population the West Indian manatee within the These prohibitions will continue to be demographics. Examples of remaining United States or under U.S. jurisdiction. applicable to the West Indian manatee. threats that make this species likely to If a Federal action may adversely affect The general provisions for issuing a become endangered in the foreseeable the manatee or its habitat, the permit for any activity otherwise future include habitat loss, degradation, responsible Federal agency must consult prohibited with regard to threatened and fragmentation and the loss of winter with the Service to ensure that any species are found at 50 CFR 17.32. warm-water habitat (factor A); poaching action authorized, funded, or carried out The Service may develop regulations (factor B); watercraft collisions and by such agency is not likely to tailored to the particular conservation others (factor E). Accordingly, we are jeopardize the continued existence of needs of a threatened species under reclassifying the species as threatened the West Indian manatee. Federal action Section 4(d) of the Act if there are under the Act. agencies that may be required to consult specific prohibitions and exceptions with us include but are not limited to that would be necessary and advisable Significant Portion of the Range the U.S. Army Corps of Engineers, the for the conservation of that particular Because we have concluded that the U.S. Coast Guard, the Environmental species. In such cases, some of the West Indian manatee is a threatened Protection Agency, and others, due to prohibitions and exceptions under 50

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CFR 17.31 and 17.32 may be appropriate manatees; (2) protecting habitat, standard protections for threatened for the species and incorporated into the including foraging and drinking water species found under section 9 of the Act regulations, but they may also be more sites and for the Florida subspecies, and Service regulations at 50 CFR 17.31 or less restrictive than those general warm-water sites; and (3) reducing (for wildlife) and 17.71 (for plants), provisions. The Service believes the entanglements in fishing gear. Other when it is deemed necessary and prohibitions and exceptions set out in recovery initiatives also include advisable to provide for the 50 CFR 17.31 and 17.32 are most addressing harassment and illegal conservation of the species. No appropriate to address the particular hunting in sites where these occur. additional regulations are being conservation needs of the West Indian Finalization of this rule does not implemented, or anticipated to be manatee at this time. constitute an irreversible commitment implemented, for the West Indian In Florida, questions regarding on our part. Reclassification of the West manatee because there is currently no whether specific activities will Indian manatee from threatened status conservation need to do so for this constitute a violation of section 9 of the back to endangered status could occur if species. If there is a conservation need Act should be directed to the U.S. Fish changes occur in management, for a 4(d) rule at some point in the and Wildlife Service, North Florida population status, or habitat, or if other future for the West Indian Manatee, Ecological Services Office (see FOR factors detrimentally affect or increase such a rulemaking would require a FURTHER INFORMATION CONTACT section). threats to the species. Such a companion special rule under the In Puerto Rico, questions regarding reclassification would require another MMPA. whether specific activities will rulemaking. constitute a violation of section 9 of the Under section 4(d) of the Act, the Required Determinations Act should be directed to the Caribbean Service has discretion to issue National Environmental Policy Act (42 Ecological Services Field Office (see FOR regulations that we find necessary and U.S.C. 4321 et seq.) FURTHER INFORMATION CONTACT section). advisable to provide for the Requests for copies of the regulations conservation of threatened species. The We have determined that regarding listed species and inquiries Act and its implementing regulations set environmental assessments and about prohibitions and permits may be forth a series of general prohibitions and environmental impact statements, as addressed to the U.S. Fish and Wildlife exceptions that apply to threatened defined under the authority of the Service, Ecological Services Division, wildlife. The prohibitions of section National Environmental Policy Act of 1875 Century Boulevard, Suite 200, 9(a)(1) of the Act, as applied to 1969 need not be prepared in Atlanta, GA 30345 (telephone 404–679– threatened wildlife and codified at 50 connection with regulations pursuant to 7097, facsimile 404–679–7081). CFR 17.31 make it illegal for any person section 4(a) of the Endangered Species subject to the jurisdiction of the United Effects of This Rule Act. We published a notice outlining States to take (which includes harass, our reasons for this determination in the When it becomes effective, this final harm, pursue, hunt, shoot, wound, kill, Federal Register on October 25, 1983 rule revises 50 CFR 17.11(h) to trap, capture, or collect; or to attempt (48 FR 49244). reclassify the West Indian manatee from any of these) threatened wildlife within an endangered species to a threatened the United States or on the high seas. In Government-to-Government species on the Federal List of addition, it is unlawful to import; Relationship With Tribes Endangered and Threatened Wildlife. export; deliver, receive, carry, transport, In accordance with the President’s This rule formally recognizes that the or ship in interstate or foreign memorandum of April 29, 1994, West Indian manatee is no longer in commerce in the course of commercial ‘‘Government-to-Government Relations danger of extinction throughout all or a activity; or sell or offer for sale in with Native American Tribal significant portion of its range. interstate or foreign commerce any Governments’’ (59 FR 22951), Executive However, this reclassification does not listed species. It is also illegal to Order 13175, Secretarial Order 3206, the significantly change the protections possess, sell, deliver, carry, transport, or afforded to this species under the Act. ship any such wildlife that has been Department of the Interior’s manual at Anyone taking, attempting to take, or taken illegally. Certain exceptions apply 512 DM 2, and the Native American otherwise possessing this species, or to employees of the Service, the Policy of the Service, January 20, 2016, parts thereof, in violation of section 9 of National Marine Fisheries Service, other we readily acknowledge our the Act or its implementing regulations, Federal land management agencies, and responsibility to communicate is subject to a penalty under section 11 State conservation agencies. meaningfully with recognized Federal of the Act. Pursuant to section 7 of the We may issue permits to carry out Tribes on a government-to-government Act, all Federal agencies must ensure otherwise prohibited activities basis. We contacted tribes in the that any actions they authorize, fund, or involving threatened wildlife under southeastern United States within the carry out are not likely to jeopardize the certain circumstances. Regulations range of the West Indian manatee and continued existence of the West Indian governing permits are codified at 50 requested their comments on our manatee. In addition, although the West CFR 17.32. With regard to threatened proposed rule. The Seminole Tribe of Indian manatee is reclassified to wildlife, a permit may be issued for the Florida and Miccosukee Tribe of Indians threatened when this rule becomes following purposes: for scientific of Florida responded to our request (see effective, the West Indian manatee is purposes, to enhance the propagation or Summary of Comments). still considered depleted and strategic survival of the species, and for References Cited under the MMPA. incidental take in connection with Recovery actions directed at the West otherwise lawful activities. There are A complete list of all references cited Indian manatee will continue to be also certain statutory exemptions from in this final rule is available at http:// implemented as outlined in the recovery the prohibitions, which are found in www.regulations.gov at Docket No. plans (USFWS 1986 and 2001, entire). sections 9 and 10 of the Act. Whenever FWS–R4–ES–2015–0178 or upon Highest priority recovery actions needed a species is listed as threatened, the Act request from the North Florida to address remaining threats include: (1) allows promulgation of special rules Ecological Services Field Office or Reducing watercraft collisions with under section 4(d) that modify the Caribbean Ecological Services Field

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Office (see FOR FURTHER INFORMATION recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 1531– CONTACT). Transportation. 1544; and 4201–4245, unless otherwise noted. Authors Regulation Promulgation ■ The primary authors of this final rule 2. Amend § 17.11(h) by revising the For the reasons stated in the entry for ‘‘Manatee, West Indian’’ under are staff members of the North Florida preamble, we amend part 17, subchapter Ecological Services Field Office and the ‘‘MAMMALS’’ in the List of Endangered B of chapter I, title 50 of the Code of and Threatened Wildlife to read as Caribbean Ecological Services Field Federal Regulations, as set forth below: Office (see FOR FURTHER INFORMATION follows: CONTACT). PART 17—ENDANGERED AND § 17.11 Endangered and threatened THREATENED WILDLIFE AND PLANTS List of Subjects in 50 CFR Part 17 wildlife. Endangered and threatened species, ■ 1. The authority citation for part 17 * * * * * Exports, Imports, Reporting and continues to read as follows: (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

Mammals

******* Manatee, West Indian ...... Trichechus manatus ...... Wherever found ...... T 32 FR 4001, 3/11/1967; 35 FR 8491, 6/2/1970; 82 FR [Insert Federal Reg- ister page where the docu- ment begins], 4/5/2017; 50 CFR 17.108(a); 50 CFR 17.95(a).CH

* * * * * Dated: March 16, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–06657 Filed 4–4–17; 8:45 am] BILLING CODE 4333–15–P

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