[Federal Register: December 6, 2004 (Volume 69, Number 233)]
[Proposed Rules]
[Page 70412-70414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de04-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AT65
Endangered and Threatened Wildlife and Plants; Establishment of
an Additional Manatee Protection Area in Lee County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of public hearing and reopening of public
comment period.
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SUMMARY: We, the Fish and Wildlife Service (Service), provide notice
that the public comment period for the proposed rule to establish the
Pine Island-Estero Bay Manatee Refuge in Lee County, Florida, is
reopened to allow all interested parties to submit written comments on
the proposed rule. We are reopening the public comment period to
accommodate those individuals and communities that are continuing to
recover from the effects of both Hurricane Charley and Hurricane
Frances. Comments previously submitted during the initial comment
period need not be resubmitted as they will be incorporated into the
public record and will be fully considered in the final determination
on the proposal.
DATES: The original comment period closed on October 5, 2004. The
comment period is hereby reopened until February 2, 2005. Comments from
all interested parties must be received by the closing date. Any
comments received after the closing date may not be considered in the
final decision on this proposal. Furthermore, the public hearing that
was originally scheduled for Wednesday, September 8, 2004, has been
rescheduled for Wednesday, January 12, 2005, from 6:30 p.m. to 9:30
p.m. in Fort Myers, Florida. See additional information on the public
comment process in the SUPPLEMENTARY INFORMATION section.
ADDRESSES: A formal public hearing will be held on Wednesday, January
12, 2005, from 6:30 p.m. to 9:30 p.m. at the Harborside Convention
Hall, 1375 Monroe Street, Fort Myers, Florida.
If you wish to comment, you may submit your comments by any one of
several methods:
1. You may submit written comments and information by mail to the
Field Supervisor, South Florida Field Office, U.S. Fish and Wildlife
Service, Attn: Proposed Manatee Refuge, 1339 20th Street, Vero Beach,
Florida 32960.
[[Page 70413]]
2. You may hand-deliver written comments to our South Florida Field
Office, at the above address, or fax your comments to (772) 562-4288.
3. You may send comments by electronic mail (e-mail) to
verobeach@fws.gov. For directions on how to submit electronic comment
files, see the ``Public Comments Solicited'' section.
We request that you identify whether you are commenting on the
proposed rule or draft environmental assessment. Comments and materials
received, as well as supporting documentation used in the preparation
of this proposed rule, will be available for public inspection, by
appointment, during normal business hours from 8 a.m. to 4:30 p.m. at
the above address.
FOR FURTHER INFORMATION CONTACT: Jay Slack or Kalani Cairns (see
ADDRESSES section), telephone (772) 562-3909; or visit our Web site at
http://verobeach.fws.gov.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit comments or suggestions from the public, other concerned
governmental agencies, the scientific community, industry, or any other
interested party concerning this proposed rule. We particularly seek
comments concerning:
1. The reasons why this area, particularly the waters known as Long
Cut and Short Cut as well as any shallow water embayments within the
proposed area, should or should not be designated as manatee refuges,
including data in support of these reasons;
2. Current or planned activities in the subject areas and their
possible effects on manatees;
3. Any foreseeable economic or other impacts resulting from the
proposed designations;
4. Potential adverse effects to the manatee associated with
designating manatee protection areas for the species; and
5. Any actions that could be considered in lieu of, or in
conjunction with, the proposed designations that would provide
comparable or improved manatee protection.
We request that you identify whether you are commenting on the
proposed rule or draft environmental assessment. Comments and materials
received, as well as supporting documentation used in the preparation
of this proposed rule, will be available for public inspection, by
appointment, during normal business hours from 8 a.m. to 4:30 p.m. at
the above address. You may obtain copies of the draft environmental
assessment from the above address or by calling (772) 562-3909 or from
our Web site at http://verobeach.fws.gov.
Comments submitted electronically should be embedded in the body of
the e-mail message itself or attached as a text-file (ASCII) and should
not use special characters and encryption. Please also include ``Attn:
RIN 1018-AT65,'' your full name, and return address in your e-mail
message. Comments submitted to verobeach@fws.gov will receive an
automated response confirming receipt of your message. If you do not
receive a confirmation from the system that we have received your e-
mail message, contact us directly by calling our South Florida Field
Office (see ADDRESSES section).
Our practice is to make all comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
also from the rulemaking record a respondent's identity, as allowable
by law. If you wish for us to withhold your name and/or address, you
must state this prominently at the beginning of your comments. However,
we will not consider anonymous comments. We will make all submissions
from organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
Our final determination on the proposed rule will take into
consideration comments and any additional information received by the
date specified above. Previous comments and information submitted
during the original comment period need not be resubmitted. The comment
period is reopened until February 2, 2005.
Background
Manatees are a federally protected under both the Endangered
Species Act (ESA) and Marine Mammal Protection Act (MMPA). Currently,
collisions with watercraft probably constitute the greatest human-
caused threat to the species. Historically, these collisions are
responsible for about 25 percent of all manatee deaths and about 80
percent of all human-caused mortality in manatees.
In November 2002, a judge in Florida's 20th Judicial Circuit Court
ruled that five State-designated manatee protection zones were invalid
because the rule for four regulated areas did not meet the State
standard for frequency of sightings and unduly interfered with the
rights of voters. Since January 2004, the Florida Fish and Wildlife
Conservation Commission have recovered four manatee carcasses in the
affected areas. Subsequent necropsies reveal these animals died of
wounds suffered from a boat collision. There have been at least 18
boat-related manatee deaths in these five areas since 1999.
For these reasons, we believe that there is imminent danger of take
of one or more manatees in these areas and the designation of a manatee
refuge is necessary to prevent such taking. Manatees utilize these
areas, there is a history of take at these sites, future take is
imminent, protection measures are insufficient, and we do not
anticipate any alternative protection measures being enacted by State
or local government in sufficient time to reduce the likelihood of take
occurring.
On April 7, 2004 we published an emergency designation of this
area. This designation expired on August 5, 2004. The second emergency
designation will be in effect until December 4, 2004. At that time, we
plan to publish a third emergency designation in order to have adequate
time to complete the normal rulemaking process (currently underway).
Due to recent hurricanes in the area of Lee County, we are reopening
the public comment period to allow all interested parties to provide
comments.
Federal authority to establish protection areas for the Florida
manatee is provided by the ESA and the MMPA and is codified in 50 CFR,
part 17, subpart J. We have discretion, by regulation, to establish
manatee protection areas whenever there is substantial evidence showing
such establishment is necessary to prevent the taking of one or more
manatees.
Author
The primary author of this document is Kalani Cairns (see ADDRESSES
section).
Authority
The authority to establish manatee protection areas is provided by
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-
1407), as amended.
[[Page 70414]]
Dated: November 4, 2004.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 04-26709 Filed 12-3-04; 8:45 am]
BILLING CODE 4310-55-P