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Proposed Rule2024-21182

Endangered and Threatened Wildlife and Plants; Critical Habitat Designations for Florida Manatee and Antillean Manatee

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Published

September 24, 2024

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), propose to revise the critical habitat designation for the Florida manatee (Trichechus manatus latirostris) and to designate critical habitat for the Antillean manatee (T. m. manatus), under the Endangered Species Act of 1973, as amended (Act). In 1976, we designated critical habitat of approximately 965,394 acres (ac) (390,681 hectares (ha)) in Florida for the Florida manatee based on where large concentrations of manatees were known to occur at the time, but no critical habitat was ever designated for the Antillean manatee subspecies. After a review of the best scientific data available, we propose to revise the existing designated critical habitat for the Florida manatee and designate critical habitat for the Antillean manatee based on the physical or biological features essential to the conservation of each subspecies. The total proposed designation for Florida manatee is 1,904,191 ac (770,599 ha) and 78,121 ac (31,614 ha) for the Antillean manatee subspecies. We also announce the availability of an economic analysis of the proposed revised designation of critical habitat for the Florida manatee and proposed designation for the Antillean manatee.

Full Text

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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Proposed Rules]
[Pages 78134-78198]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21182]

[[Page 78133]]

Vol. 89

Tuesday,

No. 185

September 24, 2024

Part IV

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Critical Habitat
Designations for Florida Manatee and Antillean Manatee; Proposed Rule

Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 /
Proposed Rules

[[Page 78134]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2024-0073; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH47

Endangered and Threatened Wildlife and Plants; Critical Habitat
Designations for Florida Manatee and Antillean Manatee

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
revise the critical habitat designation for the Florida manatee
(Trichechus manatus latirostris) and to designate critical habitat for
the Antillean manatee (T. m. manatus), under the Endangered Species Act
of 1973, as amended (Act). In 1976, we designated critical habitat of
approximately 965,394 acres (ac) (390,681 hectares (ha)) in Florida for
the Florida manatee based on where large concentrations of manatees
were known to occur at the time, but no critical habitat was ever
designated for the Antillean manatee subspecies. After a review of the
best scientific data available, we propose to revise the existing
designated critical habitat for the Florida manatee and designate
critical habitat for the Antillean manatee based on the physical or
biological features essential to the conservation of each subspecies.
The total proposed designation for Florida manatee is 1,904,191 ac
(770,599 ha) and 78,121 ac (31,614 ha) for the Antillean manatee
subspecies. We also announce the availability of an economic analysis
of the proposed revised designation of critical habitat for the Florida
manatee and proposed designation for the Antillean manatee.

DATES: We will accept comments received or postmarked on or before
November 25, 2024. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by November 8, 2024.

ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R4-ES-2024-0073,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R4-ES-2024-0073, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials for the
proposed critical habitat designations in this document are included in
the decision file for this rulemaking and are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R4-ES-2024-0073.

FOR FURTHER INFORMATION CONTACT: Nikki Colangelo, Acting Classification
and Recovery Division Manager, U.S. Fish and Wildlife Service, Florida
Ecological Services Field Office, 777 37th Street, Suite D-101, Vero
Beach, Florida 32960; telephone 772-226-8138. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay Services. Individuals outside the United
States should use the relay Services offered within their country to
make international calls to the point-of-contact in the United States.
Please see Docket No. FWS-R4-ES-2024-0073 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule. Under section 4(a)(3) of the Act, if
we determine that a species is an endangered or threatened species, we
must designate critical habitat to the maximum extent prudent and
determinable. Revisions and designations of critical habitat
designation can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. This document proposes to revise the
existing critical habitat designation for the Florida manatee and, for
the reason described below, to add a critical habitat designation for
the Antillean manatee. This proposed rule would remove 259,842 ac
(105,154 ha) from the current Florida manatee critical habitat
designation because the areas either do not meet the definition of
critical habitat or they qualify for an exemption under the Act and
would add 1,198,639 ac (485,072 ha) in Florida to that critical habitat
designation because they meet the definition of critical habitat for
the subspecies. The total proposed designation for Florida manatee is
1,904,191 ac (770,599 ha). In addition, this proposed rule would
designate 78,121 ac (31,614 ha) in Puerto Rico that meet the definition
of critical habitat for the Antillean manatee subspecies.
The basis for our action. Section 3(5)(A) of the Act defines
critical habitat as (i) the specific areas within the geographical area
occupied by the species, at the time it is listed, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) which may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by the species at the time it is listed,
upon a determination by the Secretary that such areas are essential for
the conservation of the species. Section 4(b)(2) of the Act states that
the Secretary must make the designation on the basis of the best
scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impacts of specifying any particular area as critical habitat.
The current critical habitat designation for the Florida manatee
was described before critical habitat regulations were developed; it
did not identify specific physical or biological features that are
essential to the conservation of the subspecies. Instead, it described
specific waterways that were known to be important concentration areas
for Florida manatees at that time. The geographic areas originally
designated as critical habitat for the Florida manatee have been
reevaluated based on recent scientific studies of the subspecies'
distribution, habitat use, and habitat needs. We are proposing a
revised critical habitat designation for the Florida manatee based on
that reevaluation. We are also proposing a critical habitat designation
for the Antillean manatee because we are reassessing the listing status
of the West Indian manatee (Trichechus manatus), and, based on the
reassessment, we may propose to

[[Page 78135]]

reclassify the species or revise the listed entity. The West Indian
manatee includes two recognized subspecies, the Antillean manatee,
Trichechus manatus manatus, and the Florida manatee, Trichechus manatus
latirostris (Rice 1998, p. 129). Each subspecies has distinctive
morphological features and occurs in discrete areas with rare overlap
between ranges (Hatt 1934, p. 538; Domning and Hayek 1986, p. 136; and
Alvarez-Alem[aacute]n et al. 2010, p. 148). Therefore, for the purposes
of this proposed rule, we have used the subspecies to differentiate
between the proposed critical habitat areas.

Information Requested

We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule. We particularly seek
comments or information concerning:
(1) The amount and distribution of Florida manatee and Antillean
manatee habitat.
(2) Any additional areas occurring within the range of either
subspecies that are within the jurisdiction of the United States (the
Gulf and Atlantic Coasts of the United States for the Florida manatee,
and Puerto Rico and the U.S. Virgin Islands for the Antillean manatee)
that should be included in the designation because they (i) were
occupied at the time of listing and contain the physical or biological
features that are essential to the conservation of the subspecies and
that may require special management considerations or protection, or
(ii) were unoccupied at the time of listing and are essential for the
conservation of the subspecies.
(3) The criteria used to identify critical habitat, including the
boundaries of specific areas.
(4) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change.
(5) Whether areas not occupied at the time of listing qualify as
habitat for the species and are essential for the conservation of the
species.
(6) Land use designations and current or planned activities in the
areas proposed for designation and their possible impacts on proposed
critical habitat.
(7) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation, and the related benefits of including or excluding
specific areas.
(8) Information on the extent to which the description of probable
economic impacts in the economic analysis is a reasonable estimate of
the likely economic impacts and any additional information regarding
probable economic impacts that we should consider. This may include
information on changes in activities or behaviors due to the
designation of critical habitat. Such activities might occur outside
occupied areas that can affect critical habitat, such as upstream
projects that may affect critical habitat through effects on the
physical or biological features. The Service also requests comment on
whether and how consultations and project modifications may change with
the revised designation in Florida or new designation in Puerto Rico.
(9) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act due to economic, national security, or other
relevant impacts, and whether the benefits of potentially excluding any
such area outweigh the benefits of including that area, in particular
for those based on a conservation program or plan, and why. These may
include Tribal, State/Territory/Commonwealth, county, local, or private
lands with permitted conservation plans covering the subspecies in the
area such as habitat conservation plans, safe harbor agreements,
conservation easements, or non-permitted conservation agreements and
partnerships that would be encouraged by designation of, or exclusion
from, critical habitat. If you think we should exclude any additional
areas, please provide information supporting a benefit of exclusion.
(10) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding, or to better accommodate public concerns and
comments.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(2) of
the Act directs that the Secretary shall designate critical habitat on
the basis of the best scientific data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determinations may differ from this proposal because we
will consider all comments we receive during the comment period, as
well as any information that may become available after this proposal.
Based on new information we may receive (and, if relevant, any comments
on that new information), we may modify the proposed critical habitat.
Our final designations may not include all areas proposed, may include
some additional areas that meet the definition of critical habitat, or
may exclude some areas if we find the benefits of exclusion outweigh
the benefits of inclusion and exclusion will not result in the
extinction of the species. In our final rule, we will clearly explain
our rationale and the basis for our final decision, including why we
made changes, if any, that differ from this proposal.

Public Hearing

Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal

[[Page 78136]]

Previous Federal Actions

The Florida manatee was listed as endangered in 1967 (32 FR 4001,
March 11, 1967) under the Endangered Species Preservation Act of 1966
(Pub. L. 89-669; 80 Stat. 926). After adoption of the Endangered
Species Conservation Act of 1969 (Pub. L. 91-135; 83 Stat. 275), the
Florida manatee listing was amended in 1970 to include the West Indian
manatee (Trichechus manatus) throughout its range, including in
northern South America (35 FR 8491, June 2, 1970). A December 2, 1970,
amendment then added the Caribbean Sea to the ``Where found''
information in the listing entry for the West Indian (Florida) manatee,
which added the Antillean manatee to the listing (35 FR 18319). The
West Indian manatee was subsequently grandfathered into the List of
Endangered and Threatened Wildlife under the Act in 1973 (16 U.S.C.
1531 et seq.). In 2017, the West Indian manatee, including both
subspecies, was reclassified from endangered to threatened (82 FR
16668, April 5, 2017). We are currently reassessing the listing status
of the West Indian manatee. The status determination for this species
will be based on the best available information as of the time of
publication. Based on the reassessment, we may propose to reclassify
the species or to revise the listed entity.
Critical habitat for the Florida manatee was designated in 1976
(see 41 FR 41914, September 24, 1976, and 42 FR 47840, September 22,
1977). On December 19, 2008, we received a petition from Wildlife
Advocacy Project, Save the Manatee Club, Center for Biological
Diversity, and Defenders of Wildlife requesting that critical habitat
be revised for the Florida manatee under the Act and the Administrative
Procedure Act. On January 12, 2010, we published in the Federal
Register a 12-month finding on the petition to revise the Florida
manatee critical habitat designation stating that revisions were
warranted (75 FR 1574). On February 1, 2022, we received a complaint
filed by the Center for Biological Diversity, Defenders of Wildlife,
and Save the Manatee Club for failure to take action on the December
19, 2008, petition. On June 1, 2022, we entered into a stipulated
settlement agreement resolving the litigation. Under the terms of the
agreement, the Service agreed to submit a proposed rule to revise the
critical habitat designation for the Florida manatee to the Office of
the Federal Register on or before September 12, 2024. The timing of
this proposed rule meets the stipulations of the settlement agreement.

Peer Review

In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing and recovery actions under the Act (<a href="https://www.fws.gov/sites/default/files/documents/peer-review-policy-directors-memo-2016-08-22.pdf">https://www.fws.gov/sites/default/files/documents/peer-review-policy-directors-memo-2016-08-22.pdf</a>), we are soliciting independent scientific review of this
proposed rule to ensure that our proposals are based on scientifically
sound data and analysis. We have invited peer reviewers to comment on
our specific assumptions, methodology, and science used in these
critical habitat proposals during the public comment period for this
proposed rule (see DATES, above). We will consider any comments we
receive, as appropriate, before making a final agency determination.

Regulatory Framework

Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. On April 5, 2024, jointly with the National Marine
Fisheries Service, we issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and what criteria we apply when
designating listed species' critical habitat (89 FR 24300). That final
rule is now in effect and is incorporated into the current regulations.
Our analysis for this proposed rule applied our current regulations.

Background

Species Information

A thorough review of the taxonomy, life history, and ecology of
each subspecies of the West Indian manatee (Florida and Antillean) is
presented in the associated species status assessment (SSA) reports
(Service 2024a, entire; Service 2024b, entire).
West Indian manatees are large, elongated marine mammals with
short, paired flippers and a distinct paddle-shaped tail. The species
includes two recognized subspecies, the Florida manatee and the
Antillean manatee (Hatt 1934, p. 538; Rice 1998, p. 129), that appear
similar, share most common morphological characteristics, and can
typically only be distinguished through skeletal measurements or
genetic analysis (Hatt 1934, p. 538; Domning and Hayek 1986, p. 136;
Alvarez-Alem[aacute]n et al. 2010, p. 148). The two subspecies can
differ in size, with the Florida manatee often larger and heavier than
the Antillean manatee; however, there is overlap with the sizes
(Converse et al. 1994, p. 427; Wong et al. 2012, p. 5; Castelblanco-
Mart[iacute]nez et al. 2021, p. 7). Florida manatees may be larger as
an adaptation for producing and retaining body heat, as they inhabit
the northern limits (i.e., coldest temperatures) of the species' range
(Johnson 2019, pp. 10-14).
The West Indian manatee's range extends from southeastern North
America to northern South America; their distribution is linked to the
availability of foraging habitat and fresh water (and, for Florida
manatees, warm water during the winter). The range of the Florida
manatee includes the U.S. Atlantic and Gulf of Mexico coasts, as well
as northern portions of the Caribbean, from the Bahamas and Cuba to
Turks and Caicos (Alvarez-Alem[aacute]n et al. 2010, p. 148; Melillo-
Sweeting et al. 2011, p. 505; Alvarez-Alem[aacute]n et al. 2018,
entire; Rood et al. 2020, entire; Morales-Vela et al. 2021, entire).
The Antillean manatee is found in portions of the Caribbean, including
Cuba, Hispaniola, Puerto Rico, Virgin Islands, Cayman Islands, and
Jamaica; in Central America from Mexico's southeast Caribbean coast to
the Caribbean coast of Panama; Trinidad and Tobago; and south to
Brazil's Atlantic coastline (United Nations Environment Programme
(UNEP) 2010, entire; 81 FR 1000, January 8, 2016).
Within the United States, the Florida manatee occurs throughout the
southeastern United States (i.e., the northern portion of the West
Indian manatee's range). The Florida manatee's distribution varies
greatly between the warmer and colder months. In winter, because they
are endothermic and cannot tolerate colder temperatures, they typically
concentrate around natural warm-water springs (primarily located in
northwest Florida and the St. Johns River) and artificial warm-water
industrial sites, mostly power plants (currently four on the Atlantic
coast and six on the Gulf coast; Irvine 1983, p. 316; Valade et al.
2020, pp. 2-3). During the warmer months (generally March through
November), some Florida manatees disperse great distances and can be
occasionally found as far west as Texas and as far north as
Massachusetts while most remain in Florida year-

[[Page 78137]]

round (Deutsch et al. 2003a, pp. 20, 43; Fertl et al. 2005, entire;
Deutsch et al. 2008, unpaginated; Cummings et al. 2014, entire; Cloyed
et al. 2019, entire). Seasonal temperature changes are a major factor
in the timing of migratory movements (Deutsch et al. 2003a, entire).
While Florida manatees have a wider summer range within the United
States, summer sightings outside of Florida are most common between
Georgia and the Carolinas, and between coastal Alabama and Louisiana
(Pabody et al. 2009, pp. 52-61; Hieb et al. 2017, pp. 321-332).
For management purposes, the Florida manatee is divided into four,
relatively distinct, regional management units: an Atlantic Coast unit
that occupies the east coast of Florida, including the Florida Keys and
the Lower St. Johns River north of Palatka; an Upper St. Johns River
unit that occurs in the river south of Palatka; a Northwest unit that
occupies the Florida Panhandle south to Hernando County; and a
Southwest unit that occurs from Pasco County south to Whitewater Bay in
Monroe County (Service 2001, pp. 3, 12; Service 2023a, pp. 2-3; Service
2024a, p. 22). Manatees in each of these management units tend to
return to the same warm-water sites each winter and have similar non-
winter distribution patterns. The exchange of individuals between these
units is generally limited during the winter months, but in the non-
winter months, movements commonly occur between the Northwest and
Southwest units and between the Upper St. Johns River and Atlantic
Coast units (Deutsch et al. 2003a, entire). Movements between the East
Coast t and Gulf Coast of Florida are uncommon but have occurred in
recent years (Service 2023a, p. 3; Service 2024a, p. 22). Throughout
the rest of the document, these management units are referred to as
Manatee Management Units so as not to be confused with the proposed
revised critical habitat units.
Within the U.S. Caribbean territories, Antillean manatees occur in
Puerto Rico and the U.S Virgin Islands (USVI). However, Antillean
manatees in the USVI are considered extremely rare and transient from
Puerto Rico, with only a handful of sightings and no resident
populations (Service 2023b, p. 1). Antillean manatees have been
documented along the entire coast of Puerto Rico, but are detected less
often along the northern coast, where seagrass beds are not as
extensive (Powell et al. 1981, p. 642; Collazo et al. 2019, pp. 1345-
1346). Their distribution is dependent on available resources and
habitat such as fresh water, seagrass, and areas that provide shelter
and protection from strong waves (UNEP 2010, p. 69; Drew et al. 2012,
p. 19; Service 2023b, p. 1). In general, Antillean manatees in Puerto
Rico occur island-wide, but with relatively higher concentrations in
several areas: Ceiba on the east coast, Jobos Bay area between Guayama
and Salinas on the southeast coast, Guayanilla and Gu[aacute]nica Bay
area on the southwest coast, and between Cabo Rojo and Mayag[uuml]ez
(Guanajibo River mouth) on the west coast (Powell et al. 1981, pp. 644-
645; Rathbun et al. 1985, p. 9; Freeman and Quintero 1990, p. 15;
Mignucci-Giannoni et al. 2004, p. 5; Service 2007, p. 27; Drew et al.
2012, p. 12; Collazo et al. 2019, p. 1345).
West Indian manatees use both freshwater and saltwater habitats
throughout their range for survival and life-history needs, including
feeding and drinking, traveling, resting, thermoregulation (i.e.,
maintaining steady internal body temperature), mating, and nursing
(Husar 1977, p. 9; 81 FR 1000 at 1004, January 8, 2016). They are
commonly found in a variety of habitats including estuaries, rivers,
streams, and lagoons. In some parts of Florida, manatees exclusively or
primarily inhabit freshwater habitats, while Antillean manatees in
Puerto Rico are primarily within coastal marine habitats and river
mouths. As herbivores, manatees feed on a large variety of aquatic
vegetation, generally preferring submerged, floating, and emergent
vegetation in that order (Hartman 1979, p. 44). In Puerto Rico,
seagrass is the main component of the Antillean manatee's diet, but
they may also occasionally ingest green algae, mangrove fragments, or
emergent grasses (Mignucci-Giannoni and Beck 1998, pp. 394, 396; Alves-
Stanley et al. 2010, p. 265).
Where West Indian manatees use estuarine or marine habitats, they
require fresh water for drinking and often seek out freshwater sources
including stormwater outfalls, riverine discharges, spring systems, and
other areas where they can obtain fresh water. Although they are
considered good osmoregulators (i.e., organisms that actively regulate
the salt and water balance (osmotic balance) across membranes within
the body's fluids) regardless of the environment (Ortiz et al. 1998,
pp. 453-456), manatees still require fresh water to avoid dehydration.
West Indian manatees seem to possess a cognitive map of a network of
available freshwater sites for consumption (Flamm et al. 2005, p. 1423)
that they access approximately every 3 to 16 days (Slone et al. 2018,
p. 75). Since freshwater sources are less abundant in Puerto Rico than
in Florida, the distribution of the Antillean manatee may be more
affected by known freshwater sites and seasonal patterns of rainfall
(Lefebvre et al. 2001, p. 430; Ross et al. 2020, p. 12).
West Indian manatees tend to travel along the edges of foraging
habitat (e.g., seagrass beds), along shoreline differential depth
changes, and in and near channels (81 FR 1000 at 1004, January 8,
2016). They use sheltered areas including bays, boat basins, and canals
to rest and feed, and for mothers to give birth and nurse their
offspring (Reid et al. 1995, pp. 183, 188; Deutsch et al. 2003a, p. 52;
Drew et al. 2012, p. 24).

Critical Habitat

Critical habitat is defined in section 3 of the Act as:

(1) The specific areas within the geographical area occupied by
the species, at the time it is listed in accordance with the Act, on
which are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such
areas are essential for the conservation of the species.

Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that each Federal action

[[Page 78138]]

agency ensure, in consultation with the Service, that any action they
authorize, fund, or carry out is not likely to result in the
destruction or adverse modification of designated critical habitat. The
designation of critical habitat does not affect land ownership or
establish a refuge, wilderness, reserve, preserve, or other
conservation area. Such designation also does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Rather, designation requires that, where a
landowner requests Federal agency funding or authorization for an
action that may affect an area designated as critical habitat, the
Federal agency consult with the Service under section 7(a)(2) of the
Act. If the action may affect the listed species itself (such as for
occupied critical habitat), the Federal agency would have already been
required to consult with the Service even absent the designation
because of the requirement to ensure that the action is not likely to
jeopardize the continued existence of the species. Even if the Service
were to conclude after consultation that the proposed activity is
likely to result in destruction or adverse modification of the critical
habitat, the Federal action agency and the landowner are not required
to abandon the proposed activity, or to restore or recover the species;
instead, they must implement ``reasonable and prudent alternatives'' to
avoid destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and information developed during the
listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of the species. Similarly, critical
habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans
(HCPs), or other species conservation planning efforts if new
information available at the time of those planning efforts calls for a
different outcome.

Physical or Biological Features Essential to the Conservation of the
Subspecies

In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas we will designate as
critical habitat from within the geographical area occupied by the
species at the time of listing, we consider the physical or biological
features that are essential to the conservation of the species, and
which may require special management considerations or protection. The
regulations at 50 CFR 424.02 define ``physical or biological features
essential to the conservation of the species'' as the features that
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water
characteristics, soil type, geological features, sites, prey,
vegetation, symbiotic species, or other features. A feature may be a
single habitat characteristic or a more complex combination of habitat
characteristics. Features may include habitat characteristics that
support ephemeral or dynamic habitat conditions. Features may also be
expressed in terms relating to principles of conservation biology, such
as patch size, distribution distances, and connectivity. For example,
physical features essential to the conservation of the species might
include gravel of a particular size required for spawning, alkaline
soil for seed germination, protective cover for migration, or
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include
prey species, forage grasses, specific kinds or ages of trees for
roosting or nesting, symbiotic fungi, or absence of a particular level
of nonnative species consistent with conservation needs of the listed
species. The features may also be combinations of habitat
characteristics and may encompass the relationship between
characteristics or the necessary amount of a characteristic essential
to support the life history of the species.

[[Page 78139]]

In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
Basic habitat needs of both subspecies of West Indian manatee
include forage, fresh water, shelter, travel corridors, and warm water
(Husar 1977, p. 9; Drew et al. 2012, p. 19; 81 FR 1000 at 1004, January
8, 2016). However, the two subspecies of West Indian manatee inhabit
different portions of the species' broader range and experience
different habitat conditions; therefore, we have determined they
require different physical or biological features for their
conservation.
Since the Florida manatee inhabits the northern portion of the
species' range and the species is cold-intolerant, the most significant
habitat features for the conservation of the subspecies are warm water
and winter forage availability (81 FR 1000 at 1011, January 8, 2016),
specifically the proximity of forage material to warm-water sites
(Packard 1984, entire; Deutsch et al. 2003b, p. 3; Deutsch et al. 2006,
p. 21; Provancha et al. 2012, p. 4; Deutsch and Barlas 2016, p. 7;
Haase et al. 2020, entire). The Antillean manatee inhabits the warmer
southern portion of the species' range and does not face the same cold-
stress risk as the Florida manatee. However, in Puerto Rico, freshwater
sources and sheltered areas are less common than in Florida due to its
island nature. Therefore, the key habitat features necessary for
Antillean manatee conservation are seagrass, shelter, and fresh water,
also within proximity of each other (Powell et al. 1981, p. 641; Drew
et al. 2012, pp. 8, 19).

Florida Manatee

Florida manatees require stable, long-term sources of warm water,
such as natural springs, during colder months to survive. An ambient
water temperature of 68 degrees Fahrenheit ([deg]F) (20 degrees Celsius
([deg]C)) has been identified as a temperature threshold when many
Florida manatees begin to migrate south or seek out warm-water refuges,
such as natural springs, industrial outflows, and passive thermal
basins (areas such as natural deep holes, canals, and basins, where
thermoclines, inverted haloclines, and other physical conditions slow
the localized water column cooling processes and temporarily retain
pockets of relatively warm water (Hartman 1979, pp. 17, 23; Deutsch et
al. 2003a, pp. 22-25; Laist and Reynolds 2005, p. 280; Stith et al.
2006, entire; Valade et al. 2020, pp. 3, 33)). These warm-water sites
act as a buffer to the lethal effects of cold temperatures.
In the two southernmost Florida Manatee Management Units (Southwest
and Atlantic Coast), Florida manatees depend most heavily on industrial
warm-water outfalls, primarily power plant cooling systems; in the two
northernmost management units (Upper St. Johns River and Northwest),
Florida manatees rely almost exclusively on natural springs (Laist et
al. 2013, p. 4). Passive thermal basins are more commonly used by
larger aggregations in the south and central part of Florida since
these thermal basins can cool during intense or long periods of cold
weather (Valade et al. 2020, p. 3). Statewide, from 1999-2011, 48.5
percent of all Florida manatees observed during winter counts were
counted at power plant outfalls, 17.5 percent were at natural springs,
and 11.7 percent were at passive thermal basins, leaving only 22.3
percent that were at other locations with no known warm-water feature
(Laist et al. 2013, p. 4). During extreme cold weather in 2010, the
percentage of the manatee population using power plant outfalls and
natural springs increased to 63.2 and 18.3 percent, respectively (Laist
et al. 2013, p. 4). The potential future reduction of warm water output
at both natural and industrial sites is one of the leading threats the
Florida manatee faces in the future and is discussed in detail in the
Florida Manatee Warm-Water Habitat Action Plan (WWHAP; Valade et al.
2020, pp. 7-9) and our SSA report (Service 2024a, pp. 40-45).
Florida manatees show strong site fidelity, often returning to the
same warm-water refuge(s) each winter (Rathbun et al. 1990, pp. 11, 23;
Reid et al. 1991, p. 185; Deutsch et al. 2003a, pp. 33-36). Most
manatees are familiar with the location of multiple warm-water sites,
mostly within single Manatee Management Units or smaller areas (e.g.,
northern Indian River Lagoon; Reid et al. 1991, p. 185; Langtimm et al.
1998, p. 984; Deutsch et al. 2003a, pp. 37-38, 47). Power plants, which
provide winter refuges for approximately one-half to two-thirds of the
Florida manatee population (Laist et al. 2013, p. 4), are not permanent
reliable sources of warm water. In the past, some industrial sources of
warm water have been eliminated due to plant obsolescence,
environmental permitting requirements, economic pressures, and other
factors (Deutsch et al. 2003a, p. 66; 81 FR 1000 at 1015, January 8,
2016). During temporary power plant shutdowns, manatees have been
observed to use less preferred nearby sites (Packard et al. 1989,
entire). However, in other cases where thermal discharges have been
eliminated, manatees have died due to site fidelity and lack of other
nearby significant warm-water sites (Deutsch et al. 1999, entire).
Therefore, in response to potential future reductions of industrial
warm-water outfalls, the WWHAP outlines management strategies and
actions to establish a network of warm-water sources to meet Florida
manatee conservation goals and reduce their dependence on industrial
warm-water discharges (Valade et al. 2020, pp. 14-23). Likewise,
enhancing existing natural refuges and investigating alternate warm-
water sources at or near important industrial warm-water refuges are
actions identified in the Florida Manatee Recovery Plan (Service 2001,
pp. 84-87).
The WWHAP (Valade et al. 2020, entire) provides an inventory and
classification system for all known warm-water sources in Florida. It
identifies 75 warm-water sites throughout the State and classifies them
as either primary, secondary, or potential warm-water refuges based on
thermal quality and manatee use (Valade et al. 2020, pp. 25-32).
Thermal quality is defined in the WWHAP as either high, medium, low, or
unknown (Valade et al. 2020, p. 32). Refuges are considered to have
high thermal quality if water temperatures stay at or above 72 [deg]F
(22 [deg]C) during mild, cold, or severe cold weather. Refuges have
medium thermal quality if water temperatures stay at or above 72 [deg]F
(22 [deg]C) during mild weather, 68 [deg]F (20 [deg]C) during cold
weather, and 64 [deg]F (18 [deg]C) during severe cold weather. Refuges
have low thermal quality if water temperatures are at or above 68
[deg]F (20 [deg]C) during mild weather, are at or above 61 [deg]F (16
[deg]C) during cold weather and are unreliable during severe cold
weather. If temperature data have not been collected or are
insufficient for a site, then that site is considered a refuge with
unknown thermal quality. Manatee use is also defined in the WWHAP as
either established, unpredictable, or unknown (Valade et al. 2020, p.
31). Refuges with established manatee use have consistent

[[Page 78140]]

or predictable manatee use throughout the winter and are regionally
important. Unpredictable manatee use means that their use of the refuge
is inconsistent, and unknown use means that the site has been reported
to have some current or historical manatee use but there is little or
no documentation.
Twenty warm-water sites (9 springs, 5 passive thermal basins, and 6
power plants) are classified as primary refuges, which indicates that
they have reliable thermal quality throughout the winter (i.e., high or
medium thermal quality) and most have established manatee use in all
winter conditions (Valade et al. 2020, pp. 25-30). Forty-six warm-water
sites (13 springs, 29 passive thermal basins, and 4 power plants) are
classified as secondary refuges, meaning they typically have medium or
low thermal quality and established or unpredictable manatee use
(Valade et al. 2020, pp. 25-30). Six warm-water sites (4 springs, 1
passive thermal basin, and 1 power plant) are classified as potential
warm-water refuges due to little, no, or unknown current manatee use;
unknown thermal attributes; limited or no access; or discontinued
discharges, in the case of the power plant. For each of these six warm-
water sites, there may be historical records of manatee use or the
site's thermal attributes are known and suggest the site has potential
as a warm-water refuge (Valade et al. 2020, pp. 25-30).
Because Florida manatees require reliable sources of warm water
with ambient water temperature above 68 [deg]F (20 [deg]C), we
determined all natural warm-water sites classified as primary refuges
in the WWHAP (Valade et al. 2020, pp. 25-30) are essential to the
conservation of the Florida manatee. We also determined that natural
warm-water sites classified as secondary refuges with either reliable
(high or medium) thermal quality or established manatee use in the
WWHAP (Valade et al. 2020, pp. 25-30) are essential to the conservation
of the Florida manatee.
During the winter months, hundreds of manatees can gather at some
warm-water sites and limit their movements until water temperatures
begin to rise. They become central-place foragers using warm-water
sites as their starting points to make feeding trips, generally within
18.6 miles (mi) (30 kilometers (km)) (Packard 1984, entire; Deutsch et
al. 2003b, p. 3; Deutsch et al. 2006, p. 21; Provancha et al. 2012, p.
4; Deutsch and Barlas 2016, p. 7; Haase et al. 2020, entire). As water
temperatures decrease below about 68 [deg]F (20 [deg]C), time spent
foraging away from warm-water refuges decreases (Deutsch et al. 2006,
p. 26; Deutsch and Barlas 2016, pp. 30-52, 92; Haase et al. 2020, p.
275). As water temperatures warm, the distance Florida manatees travel
to forage increases.
As herbivores, Florida manatees forage on a large variety of
aquatic vegetation in freshwater, estuarine, and marine systems,
including submerged, floating, and emergent vegetation (Hartman 1979,
p. 44). In freshwater systems, manatees commonly forage on submerged
aquatic vegetation such as the native eel grass (Vallisneria americana;
also known as wild celery or tape grass), coontail (Ceratophyllum
demersum), and widgeongrass (Ruppia maritima); nonnative, invasive
submerged species such as hydrilla (Hydrilla verticillata; also known
as waterthyme) and Eurasian watermilfoil (Myriophyllum spicatum); and
the nonnative, invasive floating common water hyacinth (Eichhornia
crassipes) (Best 1981, pp. 8-9). In marine and estuarine systems,
Florida manatees forage on all seven species of seagrasses, with
manatee grass (Syringodium filiforme), shoal grass (Halodule wrightii),
turtle grass (Thalassia testudinum), and widgeongrass being common
forage species (Hartman 1979, p. 46; Reich and Worthy 2006, p. 306).
With the exception of widgeongrass, seagrasses are largely absent in
northeast Florida, and the emergent species smooth cordgrass
(Sporobolus alterniflorus; previously Spartina alterniflora) is the
primary forage (Baugh et al. 1989, entire).
The depth at which manatees feed is reliant upon tides and depth of
vegetation. In Florida, manatees predominantly feed on seagrass in
near-shore, shallow waters averaging 3.3 to 9.8 feet (ft) (1 to 3
meters (m)) in depth (Smith 1993, p. 12). Although some areas have seen
some increases or stability in forage for manatees, the total acreage
of seagrass in Florida today is less than what it was in the 1950s
(Yarbro and Carlson 2016, p. 3). The loss of foraging habitat,
especially in the Indian River Lagoon on Florida's east coast, is a
significant threat to the Florida manatee and is discussed in more
detail in the Florida Manatee Stock Assessment Report and our SSA
report (Service 2023a, pp. 16-17; Service 2024a, pp. 38-40).
Therefore, based on the information above, we identify natural
warm-water refuges with either reliable thermal quality throughout the
winter or established manatee use each year as a physical or biological
feature essential to the conservation of the Florida manatee. We also
identify foraging areas (i.e., areas that support submerged, emergent,
or floating aquatic vegetation) within 18.6 mi (30 km) of the above
identified natural warm-water refuges as a physical or biological
feature essential to the conservation of the subspecies. Since Florida
manatees have a strong site fidelity to warm-water refuges (Rathbun et
al. 1990, pp. 11, 23; Reid et al. 1991, p. 185; Deutsch et al. 2003a,
pp. 33-36), approximately one-half to two-thirds of all manatees
observed during winter counts were aggregated at power plant outfalls
(Laist et al. 2013, p. 4), and forage availability near winter manatee
aggregations is essential (Packard 1984, entire; Deutsch et al. 2003b,
p. 3; Deutsch et al. 2006, p. 21; Provancha et al. 2012, p. 4; Deutsch
and Barlas 2016, p. 7; Haase et al. 2020, entire), we also identify
foraging areas within 18.6 mi (30 km) of other established winter
manatee aggregations areas (i.e., power plants with established manatee
use) as a physical or biological feature essential to the conservation
of the Florida manatee.

Antillean Manatee

To address actions in the recovery plan for the Puerto Rico
population of the Antillean manatee (Service 1986, pp. 13, 17) and 5-
year status review (Service 2007, p. 37), the Service identified
potential manatee protection areas in the ``Science Summary in Support
of Manatee Protection Area Design in Puerto Rico'' (Drew et al. 2012,
entire). Even though these areas were not designated as manatee
protection areas, the habitat models and methodology used to identify
areas of importance to the survival of the subspecies (Drew et al.
2012, entire) provide significant insight into the physical or
biological features essential to the conservation of the subspecies in
Puerto Rico.
Since fresh water is a limiting factor for manatees in Puerto Rico,
local movement patterns are defined by freshwater resources. More than
85 percent of manatees detected during aerial and telemetry surveys in
Puerto Rico were within 3 mi (5 km) of natural or artificial freshwater
sources (Powell et al. 1981, p. 642; Slone et al. 2006; pp. 2, 8; Drew
et al. 2012, p. 8). Manatees have been documented using a variety of
freshwater sources in Puerto Rico, including mouths of streams and
rivers, coastal groundwater springs, industrial wastewater (e.g.,
wastewater treatment plants, hydroelectric power plants), storm sewer
outflows, natural intermittent drainages through coastal forests, and
watering stations set out on boats or docks by locals and tourists
(Powell et al. 1981, pp. 642, 644; Rathbun et al. 1985, pp. 19-20; Drew
et al. 2012, pp. 23-24). Watering stations at boats or docks are not
static or

[[Page 78141]]

reliable sources of fresh water and are therefore difficult to model
spatially. Groundwater discharge, though it has not been confirmed, may
be a significant source of fresh water for manatees, but is also
difficult to model spatially as it is likely not a point source
discharge (Drew et al. 2012, p. 56).
Seagrass is the main component of the Antillean manatee's diet in
Puerto Rico (Mignucci-Giannoni and Beck 1998, pp. 394, 396; Alves-
Stanley et al. 2010, p. 265). Of the four species of seagrass found in
Puerto Rico, only three were found to be common forage (turtle grass,
shoal grass, and manatee grass; Mignucci-Giannoni and Beck 1998, p.
396), as star grass (Halophila decipiens) predominantly occurs in
deeper water (33-98 ft (10-30 m); Drew et al. 2012, p. 20). Although
manatees in Puerto Rico regularly travel through deep water when moving
between local resources, they typically do not feed or rest in waters
deeper than 43 ft (13 m) and spend most of their time in waters less
than 16 ft (5 m) deep (Drew et al. 2012, p. 19).
Due to its island nature, Puerto Rico's coastline has limited areas
that provide shelter and calm waters for manatees to feed, rest, calve,
and provide parental care. Sheltered water in Puerto Rico has been
identified as shallow bays and coves (less than 9.8 ft (3 m) deep) with
low wave energy (less than 0.98 ft (0.3 m) wave height) (Drew et al.
2012, p. 8). Wave energy was modeled based on a function of prevailing
wind speed and direction in relation to coastal landforms (Drew et al.
2012, p. 8).
Available tracking data in Puerto Rico confirmed that manatees may
have both restricted movement patterns (i.e., movement within a single
bay area) and move longer distances as well throughout several coastal
municipalities (Slone et al. 2006, p. 3). For example, manatees were
documented moving from the east coast of Puerto Rico in Naguabo to
Vieques Island (approximately 8.7 mi (14 km)) and from Guanajibo on the
west coast to Gu[aacute]nica on the southwest and back, a distance
greater than 37.3 mi (60 km) one way (Slone et al. 2006, p. 3). More
localized movement patterns were typically movements between freshwater
and seagrass resources (Slone et al. 2006, p. 3). In addition, 85.8
percent of manatees detected during aerial surveys in Puerto Rico were
within 3 mi (5 km) of a natural or artificial freshwater resource
(Powell et al. 1981, p. 642). Based on that information, a 3-mi (5-km)
radius was used to identify the potential manatee protection areas in
Puerto Rico (Drew et al. 2012, p. 8). This value was confirmed as
reasonable based on preliminary telemetry data of manatees along the
Puerto Rican coastline (Slone et al. 2006, entire) and expert
elicitation (Drew et al. 2012, p. 8).
Using the available geospatial modeling (Drew et al. 2012, entire)
with the addition of updated manatee observations (Atkins Caribe, LLP
2012, 2013, 2014a, and 2014b, entire; Mignucci-Giannoni 2021, entire)
and seagrass data (National Oceanic and Atmospheric Administration
(NOAA) 2022, entire), we identified that manatees along the Puerto
Rican coastline aggregate in areas that contain at least two of the
three resources discussed (fresh water, seagrass, and shelter). While
the shelter model should still be accurate, we recognize that not all
freshwater sources are represented in the freshwater resources model
due to the difficulty in spatial modelling (e.g., groundwater seepage,
intermittent stream discharges, etc.) and potential changes in
freshwater output locations or flows (Drew et al. 2012, entire). We
also recognize that the seagrass data layers could also be slightly
inaccurate due to potential misidentification of benthic signatures
from aerial imagery (e.g., misidentifying coral or rocky bottom as
seagrass or vice versa) and fluctuations in seagrass coverage over
time.
Therefore, based on the information above, we identify as the
physical or biological feature essential to the conservation of the
Puerto Rican population of the Antillean manatee nearshore marine
waters with at least two of the following resources within a 3-mi (5-
km) radius: seagrass in waters less than 43 ft (13 m) deep; freshwater
sources; and calm waters, such as shallow bays and coves, with water
depths less than 9.8 ft (3 m) and wave heights less than 0.98 ft (0.3
m).

Summary of Essential Physical or Biological Features

We derive the specific physical or biological features essential to
the conservation of Florida manatee and Antillean manatee from studies
of the subspecies' habitat, ecology, and life history as described
below. Additional information can be found in the WWHAP (Valade et al.
2020, entire), ``Science Summary in Support of Manatee Protection Area
Design in Puerto Rico'' (Drew et al. 2012, entire), and the SSA reports
(Service 2024a, pp. 17-33; Service 2024b, pp. 15-34). Since the two
subspecies of West Indian manatee live in different areas of the
species' range and experience different habitat conditions, we have
determined they require different physical or biological features for
their conservation. We have determined that the following physical or
biological features are essential to the conservation of Florida
manatee:

(1) Areas of water warmed by natural processes (e.g., spring
discharges, passive thermal basins) that have either:
(a) Reliable thermal quality throughout the winter (i.e., having
at least a medium thermal quality as defined by the Florida Manatee
WWHAP (Valade et al. 2020, pp. 25-32)), which consists of water
temperatures that stay at or above:
(i) 72 degrees Fahrenheit ([deg]F) (22 degrees Celsius ([deg]C))
during mild weather,
(ii) 68 [deg]F (20 [deg]C) during cold weather, and
(iii) 64 [deg]F (18 [deg]C) during severe cold weather; or
(b) Established manatee use throughout the winter each year (see
the Florida Manatee WWHAP (Valade et al. 2020, pp. 25-32)).
(2) Areas supporting submerged, emergent, or floating aquatic
vegetation within 18.6 miles (30 kilometers) of:
(a) The natural warm-water sources described in paragraph (1),
above; or
(b) Other established winter manatee aggregation areas (i.e.,
power plants with established manatee use.

We have determined that the following physical or biological
feature essential to the conservation of Antillean manatee is nearshore
marine waters with at least two of the following resources within a 3-
mile (5-kilometer) radius:

(1) Freshwater sources, such as streams and wastewater outfalls;
(2) Seagrass in waters less than 43 ft (13 m) deep; and
(3) Calm waters, such as shallow bays and coves, with water
depths less than 9.8 ft (3 m) and wave heights less than 0.98 ft
(0.3 m).

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features which are essential to the conservation of
the species and which may require special management considerations or
protection. The features essential to the conservation of manatees may
require special management considerations or protection. Threats to
Florida and Antillean manatees are described in detail in the SSA
reports (Service 2024a, pp. 33-65; Service 2024b, pp. 35-47). The
threats and associated special management considerations or protection
addressed in this document are specific to the physical or biological
features essential to the conservation of the subspecies. For Florida
and Antillean manatee habitat, we grouped primary threats into the
following six

[[Page 78142]]

threat categories. Each of these threats and associated special
management considerations or protection are summarized below.
(1) Warm-water habitat loss. Florida's natural springs have had
substantial declines in flows and water quality, and many springs have
been altered (dammed, silted in, and otherwise obstructed) to the point
that they are no longer accessible to manatees (Laist and Reynolds
2005, p. 287; Taylor 2006, pp. 5-6; Florida Fish and Wildlife
Conservation Commission (FWC) 2007, p. 10). Threats to passive thermal
basins and other warm-water features used by manatees in winter include
the loss of thermal capacity due to human activities such as
development and restoration activities and changes to physical or
hydrological features integral to individual thermal basins (Valade et
al. 2020, p. 10). Examples of special management considerations or
protection that could reduce the threat of warm-water habitat loss may
include (but not be limited to): establishing and maintaining minimum
flows and levels for springs, lakes, and rivers; conducting spring run
restoration projects (e.g., remove excess sediment, stabilize creek
banks) and removing or modifying dams and locks to improve access; and
enhancing existing warm-water refuges or creating alternate warm-water
refuges.
(2) Habitat loss, modification, and degradation other than warm-
water habitat loss. Human activities that can result in the loss of
aquatic vegetation as food resources include dredging, filling,
boating, anchoring, eutrophication, siltation, coastal development, and
invasive or nuisance aquatic vegetation treatments (Zieman and Zieman
1989, pp. 88-96; Duarte 2002, p. 194; Orth et al. 2006, p. 991; Puerto
Rico Department of Natural and Environmental Resources (PRDNER) 2008,
entire; PRDNER 2012, entire). Harbor deepening and other dredging
projects can also impact areas used as shelter habitat. Examples of
special management considerations or protection that could reduce the
threat of foraging and other habitat loss, modification, or degradation
may include (but not be limited to): improving water quality through
reductions in nutrient inputs from stormwater, septic tanks, and
fertilizers; restoring aquatic vegetation, living shorelines, and
filter feeders to prevent and mitigate habitat loss and improve water
quality; coordinating with the Service prior to treatments of invasive
or nuisance aquatic vegetation and limiting treatments that could
reduce vegetation availability during the cold season; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; and developing or revising and implementing standardized
construction conditions for in-water construction projects such as
marinas, boat ramps, or dredging to avoid or minimize direct impacts to
vegetation and indirect effects such as from shading by structures.
(3) Algal blooms. Persistent and repeated green and brown algal
blooms have resulted in significant losses of seagrasses on the east-
central coast of Florida due to decreased water clarity and quality
(St. Johns River Water Management District (WMD) 2012, pp. 2-3; Service
2023a, p. 16). Red tide events, caused by blooms of the toxic
microalgae Karenia brevis, most frequently occur on the Gulf Coast of
Florida. These blooms are typically associated with direct mortality of
manatees due to the ingestion of neurotoxins released by K. brevis that
accumulate in seagrass (Landsberg et al. 2009, p. 600; Steidinger 2009,
p. 555); however, large and prolonged events have the potential to
cause seagrass loss due to light reduction (Lee et al. 2007, entire;
Kim et al. 2015, entire). Examples of special management considerations
or protection that could reduce the threat of algal blooms may include
(but not be limited to): improving water quality through reductions in
nutrient inputs from stormwater, septic tanks, and fertilizers;
restoring aquatic vegetation and filter feeders to improve water
quality; and removing nutrient-laden sediments from inshore waters.
(4) Climate change, including water temperature increases, sea
level rise, and changes in amount and seasonality of rainfall.
Potential impacts of climate change to manatee habitat include loss and
degradation of foraging habitat and changes in warm-water and
freshwater availability. Increasing water temperatures will likely
affect estuarine and freshwater systems and the seagrass and other
forage plant communities by influencing photosynthetic rates and
biomass, changing plant communities and growth of competitors, changing
aspects of life history, and/or shifting the distribution if
physiological tolerances are exceeded (Short and Neckles 1999, pp. 172-
175; Bj[ouml]rk et al. 2008, pp. 21-23). Sea level rise may influence
the flow of coastal springs, the springs' salinity, and nearby forage
(Edwards 2013, pp. 731-734; Marsh et al. 2017, pp. 337). Examples of
special management considerations or protection that could reduce the
threat of climate change may include (but not be limited to):
establishing and maintaining minimum flows and levels for springs,
lakes, and rivers; and restoring submerged and emergent aquatic
vegetation and living shorelines to prevent and mitigate habitat loss.
(5) Contaminants. Direct and indirect exposure to contaminants in
aquatic and benthic habitats is another factor that may have adverse
effects on manatees and their habitat (Bonde et al. 2004, p. 258).
Contaminants generated from agriculture, human wastewater, oil and gas
production or spills, and general urban runoff are among those
discharged into waterways and sediments. Examples of special management
considerations or protection that could reduce the threat of
contaminants may include (but not be limited to): improving water
quality through reductions in nutrient inputs from stormwater, septic
tanks, and fertilizers; and developing or revising and implementing oil
spill response with manatee and aquatic vegetation considerations.
(6) Tropical storms and hurricanes. Aquatic vegetation can be
impacted by scouring and sedimentation from waves, storm surge, and/or
vessels or other debris during tropical storms and hurricanes (NOAA
2007, pp. 94-96). Post-storm effects include increased freshwater
runoff and nutrient loading that in some cases contribute to algal
blooms that can limit light to submerged aquatic vegetation and in turn
diminish seagrasses (NOAA 2007, pp. 94-96). Debris from storms or
erosion from nearby areas also can limit or completely block access to
foraging and warm-water sites. Examples of special management
considerations or protection that could reduce the threat of tropical
storms and hurricanes may include (but not be limited to): restoring
submerged and emergent aquatic vegetation and living shorelines to
mitigate and prevent habitat loss; and developing or revising and
implementing marine debris removal guidance with manatee and aquatic
vegetation considerations.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the subspecies and identify specific areas within the geographical area
occupied by the subspecies at the time of listing and any specific
areas outside the geographical

[[Page 78143]]

area occupied by the subspecies to be considered for designation as
critical habitat. We are not currently proposing to designate any areas
outside the geographical area occupied by the subspecies because we
have not identified any unoccupied areas that meet the definition of
critical habitat. No unoccupied areas were determined to be essential
to the conservation of either subspecies.
As stated above under Physical or Biological Features Essential to
the Conservation of the Subspecies, since the two subspecies of West
Indian manatee live in different portions of the species' range and
experience different habitat conditions, we have determined they
require different physical or biological features for their
conservation. Therefore, we also used different criteria and methods
for identifying critical habitat for each subspecies, as described
below.

Florida Manatee

In general, for areas within the geographical area occupied by the
Florida manatee subspecies at the time of listing (i.e., currently
occupied), we delineated critical habitat boundaries within the
accessible waters where manatees have consistently aggregated around
warm-water refuges during the colder months, and foraging habitat near
the warm-water refuges. Data sources included the West Indian Manatee
One Range Map Geographical Information System (GIS) layer (Service
2022, entire); the WWHAP refuge classifications, attributes, and GIS
location data (Valade et al. 2020, entire); seagrass data from 1970 to
2022 (South Florida WMD 1970, entire; South Florida WMD 2004, entire;
Suwannee River WMD 2004, entire; South Florida WMD 2007, entire; St.
Johns River WMD 2017, entire; FWC 2022, entire; NOAA 2022, entire);
floating and emergent aquatic vegetation coverage from the Florida
Cooperative Land Cover Map version 3.5 (FWC and Florida Natural Areas
Inventory (FNAI) 2021, entire); salt marsh data from FWC (FWC 2015,
entire); FWC and other sources for manatee aerial survey, telemetry,
and FWC mortality data from 1984 to 2022 (FWC 1984-2022, unpublished
data); and bathymetry data (General Bathymetric Chart of the Oceans
(GEBCO) 2023, entire) and Environmental Systems Research Institute's
(Esri) ArcGIS online basemap aerial imagery from 2021. For the Florida
manatee, we delineated critical habitat boundaries using the following
criteria:
(1) We reviewed the WWHAP (Valade et al. 2020, entire) to determine
which natural warm-water sites (i.e., springs, passive thermal basins)
have reliable (medium or high) thermal quality throughout the winter or
established manatee use throughout the winter each year. All natural
warm-water sites classified as primary refuges in the WWHAP meet this
criterion. Some of the natural warm-water sites classified as secondary
refuges also meet this criterion but others do not (i.e., because they
do not have medium or high thermal quality or established manatee use).
(2) We reviewed the WWHAP (Valade et al. 2020, entire) to determine
which industrial warm-water sites (i.e., power plants) contain the
physical or biological feature of supporting established winter manatee
aggregation areas. Areas supporting aquatic vegetation within 18.6 mi
(30 km) of power plants meet this criterion only if they have
established manatee use (Valade et al. 2020, pp. 25-32).
(3) We delineated all accessible waters within 18.6 mi (30 km) of
the natural warm-water sites and power plants meeting criteria 1 and 2.
The 18.6-mi (30-km) distance is based on the typical distance manatees
travel from warm-water sites to forage in the winter (Packard 1984,
entire; Deutsch et al. 2003b, p. 3; Deutsch et al. 2006, p. 21;
Provancha et al. 2012, p. 4; Deutsch and Barlas 2016, p. 7; Haase et
al. 2020, entire). This distance was delineated using stream or
waterway miles instead of a straight-line radius from the site to
represent the path manatees would travel. Waters accessible to manatees
were determined when developing the West Indian Manatee One Range Map,
which uses the U.S. Geological Survey's (USGS) National Hydrography
Dataset, expert knowledge on access, and Florida manatee telemetry,
sightings, and mortality datasets (Endries and Moskwik 2023, pers.
comm.).
(4) We evaluated the 1970 to 2022 seagrass (South Florida WMD 1970,
entire; South Florida WMD 2004, entire; Suwannee River WMD 2004,
entire; South Florida WMD 2007, entire; St. Johns River WMD 2017,
entire; FWC 2022, entire; NOAA 2022, entire) and aquatic vegetation,
including salt marsh, coverage data (FWC 2015, entire; FWC and FNAI
2021, entire) to ensure that the areas delineated under criterion 3
have the ability to support forage material for manatees.
(5) When the critical habitat unit extended into the open waters of
the Gulf of Mexico or Atlantic Ocean, we brought the offshore boundary
in from the 18.6-mi (30-km) distance from the warm-water site or power
plant to the 9.8-ft (3-m) bathymetry line, as Florida manatees
typically feed in waters 3.3 to 9.8 ft (1 to 3 m) in depth (Smith 1993,
p. 12).
(6) In areas where the outer boundaries of the critical habitat
unit were located in the middle of a bay, lagoon, river, canal, or
other inland waterbody, we either extended the unit boundary beyond the
18.6-mi (30-km) distance to include the entire waterbody (if it is less
than a 6-mi (10-km) extension and the area has contiguous forage or
high manatee use during the winter) or brought the unit boundary in to
the nearest landmark such as a bridge, lock, dam, or canal entrance.

Antillean Manatee

In general, for areas within the geographical area occupied by the
Antillean manatee subspecies at the time of listing (i.e., currently
occupied), we delineated critical habitat boundaries under U.S.
jurisdiction within accessible waters where manatees have consistently
aggregated around freshwater, forage, and shelter habitat. Data sources
included the West Indian Manatee One Range Map GIS layer (Service 2022,
entire); manatee aerial survey data from 1976 to 2021 (Powell et al.
1981, entire; Rathbun et al. 1985, entire; Mignucci-Giannoni et al.
2004, entire; Mignucci-Giannoni 2006, entire; Service 1984-2011,
unpublished data; Atkins Caribe, LLP 2012, 2013, 2014a, and 2014b,
entire; Mignucci-Giannoni 2021, entire); freshwater, seagrass, and
shelter GIS raster data and models from the ``Science Summary in
Support of Manatee Protection Area Design in Puerto Rico'' (NOAA 2001,
entire; USGS and U.S. Environmental Protection Agency 2005, entire;
Drew et al. 2012, entire); updated seagrass coverage GIS layers (NOAA
2022, entire); bathymetry data (GEBCO 2023, entire); and Esri's ArcGIS
online basemap aerial imagery from 2021. We followed the methodology
used to design potential manatee protection areas (Drew et al. 2012,
entire), but did not include the watercraft threat data and added
updated seagrass data (NOAA 2022, entire) and manatee aerial survey
data (Atkins Caribe, LLP 2012, 2013, 2014a, and 2014b, entire;
Mignucci-Giannoni 2021, entire). We delineated critical habitat
boundaries for the Antillean manatee using the following criteria:
(1) After calculating the geometric mean of the available or
updated seagrass, freshwater, and shelter model (Drew et al. 2012,
entire), we selected all habitat areas from this model that fell within
the upper 50th percentile (the median value or higher) for seagrass,
freshwater, and shelter. We then

[[Page 78144]]

overlapped these habitat areas with those areas that have a high
frequency of observed manatees (Drew et al. 2012, p. 36).
(2) Then, we selected and added habitat areas that scored below the
50th percentile of the seagrass, freshwater, and shelter model if those
areas had at least two of the three resources (seagrass, fresh water,
or shelter) and also had a high frequency of observed manatees (i.e.,
were in the upper 50th percentile for number of manatees observed)
(Drew et al. 2012, p. 36).
(3) Within the areas selected in criteria 1 and 2, we delineated
all accessible waters within 3 mi (5 km) of the documented freshwater
sources (if present). This distance captures the local movements of
most manatees during telemetry studies (Slone et al. 2006, entire).
Additionally, most (86 percent) of the manatees detected during aerial
surveys were within 3 mi (5 km) of a freshwater source (Powell et al.
1981, p. 642). Waters accessible to manatees were determined when
developing the West Indian Manatee One Range Map, which used the USGS
National Hydrography Dataset, expert knowledge on access, and Antillean
manatee telemetry, sightings, and mortality datasets (Endries and
Moskwik 2023, pers. comm.). If documented freshwater sources are not
present within the area, we selected:
<bullet> Accessible waters within the entire bay or lagoon, or
<bullet> Waters encompassing the highest densities of manatee
observations and seagrass, or
<bullet> Waters that provide shelter as described in the shelter
model (Drew et al. 2012, pp. 24-25).
(4) Offshore unit boundaries were constrained to the distance or
feature closest to shore of the following: approximately 820 ft (250 m)
beyond the outer edge of seagrass beds (to account for mapping errors
and changes in coverage overtime); 1,640 ft (500 m) from shore if no
seagrass was mapped (to allow manatees access to freshwater sources or
shelter along the shoreline); the 49-ft (15-m) bathymetry line (since
manatees spend most of their time in waters less than 43 ft (13 m)
deep, and the 49-ft (15-m) bathymetry line is the closest line to that
depth); or 3 mi (5 km) from the freshwater sources (since most (86
percent) of manatees were found within 3 mi (5 km) of freshwater
sources (Powell et al. 1981, p. 642) and this distance captures the
local movements of most manatees during telemetry studies (Slone et al.
2006, entire)). One exception to this rule was in Vieques, where we
used the 26-ft (8-m) bathymetry line along the northern shore, then
switched to 820 ft (250 m) beyond the outer edge of seagrass beds on
the western shore. This was because the seagrass coverage and 49-ft
(15-m) bathymetry line on the northern coast are much farther offshore
than where the highest densities of manatee observations occur, but the
outer edge of the seagrass coverage is closer to shore on the western
coast of the island (Service 2023c, p. 4).
The areas proposed as critical habitat only include waters up to
the ordinary high-water line. There are no developed areas included
within the proposed critical habitat boundaries except for
transportation crossings, docks, or other features extending from shore
over the water, which do not remove the suitability of these areas for
either subspecies. When determining proposed critical habitat
boundaries, we made every effort to avoid including areas of dry land
such as small islands or rock outcrops. In addition, federally
maintained navigational channels are excluded by text in the proposed
rule and are not proposed for critical habitat designation. Federally
maintained navigational channels, for the purposes of this proposed
rule, are specific areas where the substrate has been persistently
disturbed by planned management and maintenance dredging activities
authorized by the U.S. Army Corps of Engineers at the time of critical
habitat designation, and expectations are that the areas will continue
to be periodically disturbed by such management activities. The scale
of the maps we prepared under the parameters for publication within the
Code of Federal Regulations may not reflect the exclusion of such areas
and these features can shift over time. Any such areas inadvertently
left inside critical habitat boundaries shown on the maps of this
proposed rule have been excluded by text in the proposed rule and are
not proposed for designation as critical habitat. Therefore, if the
critical habitat designations are finalized as proposed, a Federal
action involving these areas would not trigger section 7 consultation
with respect to critical habitat and the requirement of no adverse
modification unless the specific action would affect the physical or
biological features in the adjacent critical habitat.
We propose to designate areas as critical habitat that we have
determined were occupied at the time of listing (i.e., currently
occupied) and that contain one or more of the physical or biological
features that are essential to the conservation of the subspecies.
Twelve units are proposed for designation based on one or more of
the physical or biological features being present to support the
Florida manatee's life-history processes. Thirteen units are proposed
for designation based on the physical or biological feature being
present to support the Antillean manatee's life-history processes. Some
units contain all of the identified physical or biological features and
support multiple life-history processes. Some units contain one or more
of the physical or biological features necessary to support the
subspecies' particular use of that habitat.

The Proposed Critical Habitat Designations Are Defined by the Maps, as
Modified by Any Accompanying Regulatory Text, Presented at the End of
This Document Under Proposed Regulation Promulgation

Proposed Critical Habitat Designation for the Florida Manatee

We are proposing 12 units in Florida as revised critical habitat
for the Florida manatee, totaling approximately 1,904,191 ac (770,599
ha). The critical habitat areas we describe below constitute our
current best assessment of areas that meet the definition of critical
habitat for the Florida manatee. All of these areas are occupied, and
we are not proposing any unoccupied areas. Table 1 shows the proposed
revised critical habitat units, including unit names, land ownership,
and approximate area of each unit.

Table 1--Proposed Critical Habitat Units for the Florida Manatee
[Area estimates reflect all land within critical habitat unit boundaries and do not include lands that are exempt under the Act's section 4(a)(3)(B)(i)
in Units FL-04, FL-10, and FL-11.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal ownership State ownership in Local ownership in Private ownership Size of unit in
Critical habitat unit in acres (hectares) acres (hectares) acres (hectares) in acres (hectares) acres (hectares)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FL-01: Wakulla Springs......................... 936 (379) 21,598 (8,740) 1 (<1) 58 (23) 22,593 (9,143)
FL-02: Manatee and Fanning Springs............. 224 (91) 4,157 (1,682) 12 (5) 59 (24) 4,452 (1,802)
FL-03: Withlacoochee Bay to Anclote River...... 21,131 (8,551) 335,064 (135,596) 1,670 (676) 6,716 (2,719) 364,584 (147,542)

[[Page 78145]]

FL-04: Tampa Bay............................... 682 (276) 68,347 (27,659) 108,805 (44,032) 3,181 (1,287) 181,015 (73,254)
FL-05: Venice to Estero Bay.................... 2,048 (829) 191,975 (77,690) 16,821 (6,807) 8,373 (3,388) 219,217 (88,714)
FL-06: Rookery Bay to Florida Bay West......... 343,626 (139,061) 105,559 (42,718) 18 (7) 849 (344) 450,052 (182,130)
FL-07: Upper Florida Keys...................... 161,201 (65,236) 76,635 (31,013) 2,762 (1,118) 3,656 (1,480) 244,254 (98,846)
FL-08: Biscayne Bay to Deerfield Beach......... 91,404 (36,990) 46,768 (18,926) 5,525 (2,236) 3,028 (1,225) 146,725 (59,378)
FL-09: Boynton Beach to Fort Pierce............ 203 (82) 35,967 (14,555) 533 (216) 1,126 (456) 37,829 (15,309)
FL-10: Vero Beach to Northern Indian River 33,077 (13,386) 117,318 (47,477) 1,782 (721) 1,410 (571) 153,588 (62,155)
Lagoon........................................
FL-11: Upper St. Johns River................... 1,815 (735) 76,984 (31,154) 150 (61) 495 (200) 79,444 (32,150)
FL-12: Silver Springs.......................... 6 (2) 417 (169) 0 (0) 15 (6) 438 (177)
--------------------------------------------------------------------------------------------------------
Total...................................... 656,356 (265,617) 1,080,797 (437,380) 138,080 (55,879) 28,969 (11,723) 1,904,191 (770,599)
Ownership Percentage....................... 34 57 7 2 ...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Area sizes and percentages may not sum due to rounding.

We present brief descriptions of all proposed revised units and
reasons why they meet the definition of critical habitat for the
Florida manatee, below.
Unit FL-01: Wakulla Springs
Unit FL-01 consists of 22,593 ac (9,143 ha) of springs, rivers, and
open water along the Gulf of Mexico in Wakulla County, Florida. The
unit extends from Wakulla Springs in Edward Ball Wakulla Springs State
Park down the Wakulla River out to the Gulf of Mexico where it fans out
to approximately 5 mi (8 km) east and west. The unit also extends up
the St. Marks River approximately 9 river mi (14.5 km) from the
confluence of the Wakulla and St. Marks Rivers. The unit includes all
inshore, manatee-accessible waters below the mean high water (MHW) line
(Service 2022, entire) within approximately 18.6 mi (30 km) from the
warm-water site of Wakulla Springs. Offshore, the unit extends to
either 18.6 mi (30 km) from Wakulla Springs or the outer extent of
seagrass beds in the Gulf of Mexico, whichever is closest to shore.
Areas within this unit include approximately 936 ac (379 ha; 4
percent) in Federal ownership, 21,598 ac (8,740 ha; 96 percent) in
State ownership, 1 ac (less than 1 ha; less than 1 percent) in local
government ownership, and 58 ac (23 ha; less than 1 percent) in
private/other ownership. Federally owned lands in this unit include St.
Marks National Wildlife Refuge (NWR), and State-owned lands include
Edward Ball Wakulla Springs and San Marcos de Apalache Historic State
Parks, as well as State-owned submerged lands. General land use within
this unit includes parks, natural resource conservation, wildlife
management, and recreational and commercial activities (e.g., swimming,
fishing, and boating). Small areas of the unit also adjoin areas of
residential and commercial development.
Unit FL-01 is occupied by the subspecies and contains all of the
physical or biological features essential to the conservation of the
subspecies. This unit has one primary warm-water refuge, Wakulla
Springs, that supports established manatee use and has medium thermal
quality (Valade et al. 2020, p. 29). The unit also provides forage
material within the Wakulla and St. Marks Rivers, as well as in the
Gulf of Mexico. In addition, this unit provides the northernmost and
westernmost primary warm-water refuge in the Florida manatee's range,
thereby supporting expansion and refuge for manatees from other units
or a stopover location for manatees migrating back to Florida for the
winter, ensuring good spatial representation for the Northwest Manatee
Management Unit.
Approximately 18,940 ac (7,665 ha; 84 percent) of the unit overlap
with proposed critical habitat for the threatened rufa red knot
(Calidris canutus rufa) (see 88 FR 22530, April 13, 2023) and the North
Atlantic distinct population segment (DPS) of the green sea turtle
(Chelonia mydas) (see 88 FR 46572, July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-01 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; conducting spring run restoration and
improving access; enhancing existing or creating alternate warm-water
refuges; establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-02: Manatee and Fanning Springs
Unit FL-02 consists of 4,452 ac (1,802 ha) of springs and river in
the Big Bend of the Gulf Coast in Dixie, Levy, and Gilchrist Counties,
Florida. The unit extends from approximately 18.6 mi (30 km) north of
Fanning Springs near Log Landing Conservation Area downstream to the
mouth of the Suwannee River at the Gulf of Mexico. The unit includes
manatee-accessible waters below the MHW line (Service 2022, entire)
within approximately 18.6 mi (30 km) from the warm-water sites of
Fanning and Manatee Springs.
Areas within this unit include approximately 224 ac (91 ha; 5
percent) in Federal ownership, 4,157 ac (1,682 ha; 93 percent) in State
ownership, 12 ac (5 ha; less than 1 percent) in local government
ownership, and 59 ac (24 ha; 1 percent) in private/other ownership.
Federally owned lands in this unit include Lower Suwannee NWR, and
State-owned lands include Manatee Springs and Fanning Springs State
Parks, Suwannee River WMD conservation areas, and State-owned submerged
lands. General land use within this unit includes parks, natural
resource conservation, wildlife management, and recreational and
commercial activities (e.g., swimming, fishing, and boating). Small
areas of the

[[Page 78146]]

unit also adjoin areas of residential and commercial development.
Unit FL-02 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has two secondary warm-water refuges, Manatee
Springs and Fanning Springs, that support established manatee use with
high and medium thermal quality, respectively (Valade et al. 2020, p.
28). This unit also provides forage material within the Suwannee River.
In addition, this unit provides the two northernmost secondary warm-
water refuges on the west coast of Florida, thereby supporting refuge
and an area for expansion for manatees from other units or a stopover
location for manatees migrating back to Florida for the winter,
ensuring good spatial representation for the Northwest Manatee
Management Unit.
Approximately 4,045 ac (1,637 ha; 91 percent) of the unit overlap
with designated critical habitat for the threatened Atlantic sturgeon
(Gulf subspecies) (Acipenser oxyrinchus desotoi) (see 68 FR 13370,
March 19, 2003) and Suwannee moccasinshell (Medionidus walker) (see 86
FR 34979, July 1, 2021) and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-02 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; conducting spring run restoration and
improving access; enhancing existing or creating alternate warm-water
refuges; establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-03: Withlacoochee Bay to Anclote River
Unit FL-03 consists of 364,584 ac (147,542 ha) of springs, rivers,
and open water along the Gulf of Mexico in Levy, Citrus, Hernando,
Pasco, and Pinellas Counties, Florida. The unit extends from
approximately 6 mi (9.7 km) north of the mouth of the Withlacoochee
River to Howard Beach Park, which is approximately 1.5 mi (2.4 km)
south of the mouth of the Anclote River. The unit includes all inshore,
manatee-accessible waters below the MHW line (Service 2022, entire)
within approximately 18.6 mi (30 km) from the warm-water sites of the
Crystal River Springs Complex, Homosassa Springs, the Chassahowitzka
Springs Group, the Weeki Wachee Spring Complex, and Cow Creek Spring.
Offshore, the unit extends to either 18.6 mi (30 km) from the warm-
water sites or the outer extent of seagrass beds in the Gulf of Mexico,
whichever is closest to shore.
Areas within this unit include approximately 21,131 ac (8,551 ha; 6
percent) in Federal ownership, 335,064 ac (135,596 ha; 92 percent) in
State ownership, 1,670 ac (676 ha; less than 1 percent) in local
government ownership, and 6,716 ac (2,719 ha; 2 percent) in private/
other ownership. Federally owned lands in this unit include Crystal
River and Chassahowitzka NWRs; State-owned lands include Anclote Key
Preserve State Park, Marjorie Harris Carr Cross Florida Greenway State
Recreation and Conservation Area, Withlacoochee State Forest, and
State-owned submerged lands; and local government-owned lands include
several county-owned parks and preserves. General land use within this
unit includes parks, natural resource conservation, wildlife
management, and recreational and commercial activities (e.g., swimming,
fishing, and boating), and power generation. Some areas of the unit
also adjoin areas of residential and commercial development.
Unit FL-03 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has three primary warm-water refuges, the
Crystal River Springs Complex, Homosassa Springs, and the Weeki Wachee
Spring Complex, that support established manatee use and have high
thermal quality and two secondary refuges, the Chassahowitzka Springs
Group and Cow Creek Spring, that have unpredictable manatee use with
medium thermal quality (Valade et al. 2020, pp. 28-29). This unit also
provides forage material within the Withlacoochee, Crystal, Homosassa,
Chassahowitzka, Weeki Wachee, Pithlachascotee and Anclote Rivers and
tributaries, as well as in the Gulf of Mexico. In addition, this unit
supports an important wintering area (Crystal River Springs Complex)
for many of the manatees that travel west of Florida during the warmer
months, ensuring good representation within the Northwest Manatee
Management Unit and a connection to the Southwest Manatee Management
Unit through its extension to the Anclote River.
Approximately 326,379 ac (132,081 ha; 90 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977) and proposed critical habitat for the threatened
North Atlantic DPS of the green sea turtle (see 88 FR 46572, July 19,
2023).
Threats to the physical or biological features identified within
Unit FL-03 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
coordinating with the Service prior to treatments of invasive or
nuisance aquatic vegetation and limiting invasive or nuisance aquatic
vegetation treatments that could reduce vegetation availability during
the cold season; conducting spring run restoration and improving
access; enhancing existing or creating alternate warm-water refuges;
establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-04: Tampa Bay
Unit FL-04 consists of 181,015 ac (73,254 ha) of Tampa Bay and the
springs, rivers, and canals surrounding the bay in Pinellas,
Hillsborough, and Manatee Counties, Florida. The unit includes all
inshore waters of Tampa Bay east of the Skyway Bridge on Interstate 275
and inshore waters from Fort De Soto Park to the Pinellas Bayway (State
Road 682). The unit includes manatee-accessible waters below the MHW
line (Service 2022, entire) within approximately 18.6 mi (30 km) from
the established winter manatee aggregation areas near Duke

[[Page 78147]]

Energy's Bartow Power Plant, Tampa Electric Company's Bayside Power
Plant, and Tampa Electric Company's Big Bend Station.
Areas within this unit include approximately 682 ac (276 ha; less
than 1 percent) in Federal ownership, 68,347 ac (27,659 ha; 38 percent)
in State ownership, 108,805 ac (44,032 ha; 60 percent) in local
government ownership, and 3,181 ac (1,287 ha; 2 percent) in private/
other ownership.
Under section 4(a)(3)(B)(i) of the Act, we are exempting 4,415 ac
(1,787 ha) of MacDill Air Force Base lands within this unit from the
critical habitat designation because the U.S. Department of Defense
(DoD) has an approved integrated natural resources management plan
(INRMP) for this area that provides benefits to the manatee and its
habitat (see Exemptions, below).
Federally owned lands in this unit include Pinellas NWR. State-
owned lands in this unit include State Parks (Cockroach Bay Preserve,
Terra Ceia Preserve, Little Manatee River, and Skyway Fishing Pier),
Southwest Florida WMD restoration areas, and State-owned submerged
lands. Local government-owned lands in this unit include several
county-owned parks and preserves. General land use within this unit
includes parks, natural resource conservation, wildlife management,
recreational and commercial activities (e.g., swimming, fishing, and
boating), power generation, military activities, and cargo and cruise
port activities. Most of the unit also adjoins areas of residential and
commercial development.
Unit FL-04 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit provides forage material within 18.6 mi (30
km) of three established winter manatee aggregation areas: Duke
Energy's Bartow Power Plant, Tampa Electric Company's Bayside Power
Plant, and Tampa Electric Company's Big Bend Station (Valade et al.
2020, pp. 29-30). In addition, this unit supports expansion and
recovery of the regional warm-water network in the Southwest Manatee
Management Unit due to several lower quality springs and other natural
refuges or areas available to create new refuges within the unit.
Approximately 168,976 ac (68,382 ha; 93 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the wintering
population of the endangered piping plover (Charadrius melodus) (see 66
FR 36038, July 10, 2001); and proposed critical habitat for the
threatened rufa red knot (see 88 FR 22530, April 13, 2023) and the
North Atlantic DPS of the green sea turtle (see 88 FR 46572, July 19,
2023).
Threats to the physical or biological features identified within
Unit FL-04 include foraging and other habitat loss, modification, and
degradation; algal blooms; climate change; contaminants; and tropical
storms and hurricanes. Special management considerations or protection
measures to reduce or alleviate threats may include improving water
quality; restoring aquatic vegetation, living shorelines, and filter
feeders; removing nutrient-laden sediments; enhancing existing or
creating alternate warm-water refuges; establishing and enforcing boat
speed zones, marked navigation channels, and exclusion areas;
developing or revising and implementing standardized construction
conditions for in-water construction; and developing or revising and
implementing oil spill response and marine debris removal guidance with
manatee and aquatic vegetation considerations.
Unit FL-05: Venice to Estero Bay
Unit FL-05 consists of 219,217 ac (88,714 ha) of Charlotte Harbor,
Gasparilla Sound, Matlacha Pass, and Estero Bay, as well as the rivers,
canals, and springs surrounding them, in Sarasota, Charlotte, Lee,
Hendry, and Collier Counties, Florida. The unit includes inshore waters
from the Boca Grande Causeway south to Vanderbilt Beach Road. From
Charlotte Harbor, the unit extends up the Myakka River, then down Curry
Creek to the Venice Inlet. The unit does not include the Peace River
east of the Barron Collier Bridge on State Road 41. The Caloosahatchee
River is included from its mouth near Cape Coral to near the
Caloosahatchee and C-43 Basin Storage Reservoir. The unit includes
manatee-accessible waters below the MHW line (Service 2022, entire)
within approximately 18.6 mi (30 km) from the warm-water sites of Warm
Mineral Springs, Matlacha Isles, North Cape Coral Canal, and Ten Mile
Canal Borrow Pit; and the established winter manatee aggregation area
near Florida Power and Light's Fort Myers Power Plant.
Areas within this unit include approximately 2,048 ac (829 ha; 1
percent) in Federal ownership, 191,975 ac (77,690 ha; 88 percent) in
State ownership, 16,821 ac (6,807 ha; 8 percent) in local government
ownership, and 8,373 ac (3,388 ha; 4 percent) in private/other
ownership. Federally owned lands in this unit include Caloosahatchee,
Matlacha Pass, Pine Island, Island Bay, and J.N. Ding Darling NWRs.
State-owned lands in this unit include State Parks (Lovers Key,
Charlotte Harbor Preserve, Estero Bay Preserve, Delnor-Wiggins Pass,
and Cayo Costa), Myakka State Forest, Southwest Florida WMD's Deer
Prairie Creek Preserve, South Florida WMD's C-43 Basin Storage
Reservoir, and State-owned submerged lands. In this unit, local
government-owned lands include several county-owned parks and
preserves, and privately-owned preserves include the Calusa Land Trust
and Nature Preserve of Pine Island and Sanibel-Captiva Conservation
Foundation conservation lands. General land use within this unit
includes parks, natural resource conservation, wildlife management,
recreational and commercial activities (e.g., swimming, fishing, and
boating), and power generation. Some areas of the unit also adjoin
areas of residential and commercial development.
Unit FL-05 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has one primary warm-water refuge, Warm
Mineral Spring Creek/Salt Creek, that supports established manatee use
and has high thermal quality and three secondary refuges, Matlacha
Isles, North Cape Coral Canals (Ceitus Lake), and Ten Mile Canal-Borrow
Pit, that have established manatee use with medium or low thermal
quality (Valade et al. 2020, p. 30). In addition, this unit provides
forage material within 18.6 mi (30 km) of the established winter
manatee aggregation area near Florida Power and Light's Fort Myers
Power Plant within the Caloosahatchee River (Valade et al. 2020, p.
30), as well as within Roberts Bay, Curry Creek, Myakka River,
Charlotte Harbor, Gasparilla Sound, Matlacha Pass, and Estero Bay. This
unit also supports expansion and recovery of the regional warm-water
network in the Southwest Manatee Management Unit due to several lower
quality springs and other natural refuges or areas available to create
new refuges within the unit.
Approximately 215,477 ac (87,201 ha; 98 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the wintering
population of the endangered piping plover (see 66 FR 36038, July 10,
2001), U.S. DPS of the smalltooth sawfish (Pristis pectinata) (see 74
FR 45353,

[[Page 78148]]

September 2, 2009), and Northwest Atlantic Ocean DPS of the loggerhead
sea turtle (Caretta caretta) (see 79 FR 39856, July 10, 2014); and
proposed critical habitat for the threatened rufa red knot (see 88 FR
22530, April 13, 2023) and the North Atlantic DPS of the green sea
turtle (see 88 FR 46572, July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-05 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
conducting spring run restoration and improving access; enhancing
existing or creating alternate warm-water refuges; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conditions for in-water construction; and developing or
revising and implementing oil spill response and marine debris removal
guidance with manatee and aquatic vegetation considerations.
Unit FL-06: Rookery Bay to Florida Bay West
Unit FL-06 consists of 450,052 ac (182,130 ha) of inshore and
coastal waters from Naples Bay to the western half of Florida Bay in
Collier, Monroe, and Miami-Dade Counties, Florida. The unit includes
inshore waters of Naples from the Golden Gate Parkway (County Road 886)
bridge over Gordon River to Marco Island. From Ten Thousand Island to
Florida Bay, the unit includes inshore waters and offshore waters
ranging from 1 to 13 mi (1.6 to 21 km) offshore. The unit includes
manatee-accessible waters below the MHW line (Service 2022, entire)
within approximately 18.6 mi (30 km) from the warm-water sites of
Henderson Creek, Marco Island Canals, Port of the Islands Canals, Port
of the Islands Mitigation Site, Wooten's Pond, Big Cypress Preserve
Canal, Mud Bay, and the Everglades Complex.
Areas within this unit include approximately 343,626 ac (139,061
ha; 76 percent) in Federal ownership, 105,559 ac (42,718 ha; 23
percent) in State ownership, 18 ac (7 ha; less than 1 percent) in local
government ownership, and 849 ac (344 ha; less than 1 percent) in
private/other ownership. Federally owned lands in this unit include Ten
Thousand Island NWR, Everglades National Park, and Big Cypress National
Preserve; State-owned lands include Collier-Seminole and Fakahatchee
Strand Preserve State Parks, Rookery Bay National Estuarine Research
Reserve (NERR), and State-owned submerged lands. General land use
within this unit includes parks, natural resource conservation,
wildlife management, and recreational and commercial activities (e.g.,
swimming, fishing, and boating). Small areas of the unit also adjoin
areas of residential and commercial development.
Unit FL-06 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has two primary warm-water refuges, Port of
the Islands Canals and Port of the Islands Mitigation Site, that have
medium thermal quality with established manatee use (canals) and
unpredictable manatee use (mitigation site) and six secondary refuges,
Henderson Creek, Marco Island Canals, Wooten's Pond, Big Cypress
Preserve Canal, Mud Bay, and the Everglades Complex, that have
established manatee use with medium, low, or unknown thermal quality
(Valade et al. 2020, pp. 29-30). In addition, this unit provides forage
material within Naples Bay, Rookery Bay, Gullivan Bay, Florida Bay, the
Gulf of Mexico, and the many small bays and creeks along the coast.
This unit provides a connection between the Southwest and Atlantic
Coast Manatee Management Units as it extends into both units, thereby
supporting expansion and movements between the Gulf and Atlantic
Coasts. Additionally, this unit supports the largest and most stable
foraging area within the Atlantic Coast Manatee Management Unit,
Florida Bay (Yarbro and Carlson 2016, entire).
Approximately 448,908 ac (181,667 ha; 100 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the threatened
Florida DPS of the American crocodile (Crocodylus acutus) (see 41 FR
41914, September 24, 1976, and 42 FR 47840, September 22, 1977), and
for the endangered Everglade snail kite (Rostrhamus sociabilis
plumbeus) (see 42 FR 40685, August 11, 1977), wintering population of
the piping plover (see 66 FR 36038, July 10, 2001), U.S. DPS of the
smalltooth sawfish (Pristis pectinata) (see 74 FR 45353, September 2,
2009), and Northwest Atlantic Ocean DPS of the loggerhead sea turtle
(see 79 FR 39856, July 10, 2014); and proposed critical habitat for the
threatened rufa red knot (see 88 FR 22530, April 13, 2023) and the
North Atlantic DPS of the green sea turtle (see 88 FR 46572, July 19,
2023).
Threats to the physical or biological features identified within
Unit FL-06 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
enhancing existing or creating alternate warm-water refuges;
establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-07: Upper Florida Keys
Unit FL-07 consists of 244,254 ac (98,846 ha) of inshore and
coastal waters of the Upper Florida Keys, from Islamorada north to Old
Rhodes Key in Monroe and Miami-Dade Counties, Florida. The unit
includes waters of Eastern Florida Bay to approximately 13 mi (21 km)
offshore, inshore waters and canals of the Keys, and waters of the
Atlantic Ocean approximately 0.5 to 1.5 mi (0.8 to 2.4 km) offshore.
The unit also extends inland into the Glades Canal approximately 11 mi
(17.7 km) and into the Florida Power and Light Everglades Mitigation
Bank Canals approximately 7 mi (11 km). The unit includes manatee-
accessible waters below the MHW line (Service 2022, entire) within
approximately 18.6 mi (30 km) from the warm-water sites of the Upper
Keys Canals and Brown Street Canal.
Areas within this unit include approximately 161,201 ac (65,236 ha;
66 percent) in Federal ownership, 76,635 ac (31,013 ha; 31 percent) in
State ownership, 2,762 ac (1,118 ha; 1 percent) in local government
ownership, and 3,656 ac (1,480 ha; 1 percent) in private/other
ownership. Federally owned lands in this unit include Crocodile Lake
NWR, Everglades

[[Page 78149]]

National Park, and Biscayne National Park. State-owned lands in this
unit include Lignumvitae Key Botanical, John Pennekamp Coral Reef,
Windley Key Fossil Reef Geological, and Dagny Johnson Key Largo Hammock
Botanical State Parks; South Florida WMD's Model Lands Basin; Florida
Keys Wildlife and Environmental Area; and State-owned submerged lands.
General land use within this unit includes parks, natural resource
conservation, wildlife management, and recreational and commercial
activities (e.g., swimming, fishing, and boating). Some areas of the
unit also adjoin areas of residential and commercial development.
Unit FL-07 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has two secondary warm-water refuges, Brown
Street Canal and the Upper Keys Canals, that have established manatee
use with medium and unknown thermal quality, respectively (Valade et
al. 2020, pp. 26-27). In addition, this unit provides forage material
within Florida Bay, the Atlantic Ocean, Card Sound, Barnes Sound,
Manatee Bay, Blackwater Sound, Buttonwood Sound, and the many smaller
bays, sounds, and basins of the Upper Florida Keys and the southeastern
coast of Florida's mainland. This unit supports the largest and most
stable foraging areas within the Atlantic Coast Manatee Management
Unit, Florida Bay, and the Florida Keys (Yarbro and Carlson 2016,
entire), contributing to the resiliency of the unit.
Approximately 244,247 ac (98,843 ha; 100 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the endangered
U.S. DPS of the smalltooth sawfish (see 74 FR 45353, September 2,
2009), threatened Florida DPS of the American crocodile (see 41 FR
41914, September 24, 1976, and 42 FR 47840, September 22, 1977),
elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals (see 73
FR 72210, November 26, 2008), Nassau grouper (Epinephelus striatus)
(see 89 FR 126, January 2, 2024), and five threatened Caribbean coral
species (Orbicella annularis, O. faveolata, O. franksi, Dendrogyra
cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023,
and 89 FR 19511, March 19, 2024); and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-07 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; enhancing existing or creating
alternate warm-water refuges; establishing and enforcing boat speed
zones, marked navigation channels, and exclusion areas; developing or
revising and implementing standardized construction conditions for in-
water construction; and developing or revising and implementing oil
spill response and marine debris removal guidance with manatee and
aquatic vegetation considerations.
Unit FL-08: Biscayne Bay to Deerfield Beach
Unit FL-08 consists of 146,725 ac (59,378 ha) of inshore waters
from Biscayne Bay to Deerfield Beach in Miami-Dade, Broward, and Palm
Beach Counties, Florida. The unit includes inshore waters of Biscayne
Bay and the intracoastal waterways, rivers, and canals (up to 24 mi
(38.6 km) inland in some locations) along the southeastern Florida
coast from the southern end of Biscayne National Park to Deerfield
Beach. The unit includes manatee-accessible waters below the MHW line
(Service 2022, entire) within approximately 18.6 mi (30 km) from the
warm-water sites of the Coral Gables Waterway, Palmer Lake, and the
Little River-S-27 structure; and the established winter manatee
aggregation areas near Florida Power and Light's Dania Beach and Port
Everglades Energy Centers.
Areas within this unit include approximately 91,404 ac (36,990 ha;
62 percent) in Federal ownership, 46,768 ac (18,926 ha; 32 percent) in
State ownership, 5,525 ac (2,236 ha; 4 percent) in local government
ownership, and 3,028 ac (1,225 ha; 2 percent) in private/other
ownership. Federally owned lands in this unit include Biscayne National
Park. State-owned lands in this unit include State Parks (Oleta River,
Bill Baggs Cape Florida, and Dr. Von D. Mizell-Eula Johnson), South
Florida WMD's Biscayne Coastal Wetlands, Everglades and Francis S.
Taylor Wildlife Management Area, and State-owned submerged lands. Local
government-owned lands in this unit include several county-owned parks
and preserves. General land use within this unit includes parks,
natural resource conservation, wildlife management, recreational and
commercial activities (e.g., swimming, fishing, and boating), power
generation, and cargo and cruise port activities. Most of the unit also
adjoins areas of residential and commercial development.
Unit FL-08 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has one primary warm-water refuge, the Coral
Gables Waterway, with established manatee use and high thermal quality
and two secondary warm-water refuges: Palmer Lake, with unpredictable
manatee use and medium thermal quality; and Little River-S-27
structure, with established manatee use and low thermal quality (Valade
et al. 2020, pp. 26-27). In addition, this unit provides forage
material within 18.6 mi (30 km) of the established winter manatee
aggregation area near Florida Power and Light's Dania Beach and Port
Everglades Energy Centers (Valade et al. 2020, p. 30), as well as
within Biscayne Bay, the Miami River, Little River, Intracoastal
Waterway, Stranahan River, New River, Middle River, and the many
canals, lakes, and bays along the southeast coast of Florida. This unit
also supports expansion and recovery of the regional warm-water network
in the Atlantic Coast Manatee Management Unit due to several lower
quality natural refuges or areas available to create new refuges within
the unit.
Approximately 139,942 ac (56,632 ha; 95 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the endangered
Everglade snail kite (see 42 FR 40685, August 11, 1977) and Florida
bonneted bat (Eumops floridanus) (see 89 FR 16624, March 7, 2024);
designated critical habitat for the threatened Florida DPS of the
American crocodile (see 41 FR 41914, September 24, 1976, and 42 FR
47840, September 22, 1977), elkhorn and staghorn corals (see 73 FR
72210, November 26, 2008), Nassau grouper (see 89 FR 126, January 2,
2024), and five threatened Caribbean coral species (Orbicella
annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and
Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023, and 89 FR 19511,
March 19, 2024); and proposed critical habitat for the threatened North
Atlantic DPS of the green sea turtle (see 88 FR 46572, July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-08

[[Page 78150]]

include foraging and other habitat loss, modification, and degradation;
warm-water habitat loss; algal blooms; climate change; contaminants;
and tropical storms and hurricanes. Special management considerations
or protection measures to reduce or alleviate threats may include
improving water quality; establishing and maintaining minimum flows and
levels; restoring aquatic vegetation, living shorelines, and filter
feeders; removing nutrient-laden sediments; enhancing existing or
creating alternate warm-water refuges; establishing and enforcing boat
speed zones, marked navigation channels, and exclusion areas;
developing or revising and implementing standardized construction
conditions for in-water construction; and developing or revising and
implementing oil spill response and marine debris removal guidance with
manatee and aquatic vegetation considerations.
Unit FL-09: Boynton Beach to Fort Pierce
Unit FL-09 consists of 37,829 ac (15,309 ha) of inshore waters from
approximately 1.3 mi (2 km) south of the Boynton Inlet to approximately
4.7 mi (7.6 km) south of the Fort Pierce Inlet in Palm Beach, Martin,
and St. Lucie Counties, Florida. The unit includes inshore waters (up
to 18 mi (29 km) inland) of the intracoastal waterways, rivers, and
canals along the eastern Florida coast even with Lake Okeechobee. The
unit includes manatee-accessible waters below the MHW line (Service
2022, entire) within approximately 18.6 mi (30 km) from the warm-water
site of Willoughby Creek and the established winter manatee aggregation
area near Florida Power and Light's Riviera Beach Energy Center.
Areas within this unit include approximately 203 ac (82 ha; 1
percent) in Federal ownership, 35,967 ac (14,555 ha; 95 percent) in
State ownership, 533 ac (216 ha; 1 percent) in local government
ownership, and 1,126 ac (456 ha; 3 percent) in private/other ownership.
The majority of this unit consists of State-owned submerged lands.
General land use within this unit includes parks, natural resource
conservation, wildlife management, recreational and commercial
activities (e.g., swimming, fishing, and boating), power generation,
and cargo and cruise port activities. Most of the unit also adjoins
areas of residential and commercial development.
Unit FL-09 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has one secondary warm-water refuge,
Willoughby Creek, with established manatee use and low thermal quality
(Valade et al. 2020, p. 27). In addition, this unit provides forage
material within 18.6 mi (30 km) of the established winter manatee
aggregation area near Florida Power and Light's Riviera Beach Energy
Center (Valade et al. 2020, p. 26), as well as within Lake Worth
Lagoon, the North Palm Beach Waterway, Loxahatchee River, Indian River
Lagoon, St. Lucie River, and the many canals and basins connected to
them. This unit also supports expansion and recovery of the regional
warm-water network in the Atlantic Coast Manatee Management Unit due to
several lower quality natural refuges or areas available to create new
refuges within the unit.
Approximately 32,389 ac (13,107 ha; 86 percent) of the unit overlap
with the current critical habitat designation for the West Indian
manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977); designated critical habitat for the endangered
wintering population of the piping plover (see 66 FR 36038, July 10,
2001) and Northwest Atlantic Ocean DPS of the loggerhead sea turtle
(see 79 FR 39856, July 10, 2014); and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-09 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
enhancing existing or creating alternate warm-water refuges;
establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-10: Vero Beach to Northern Indian River Lagoon
Unit FL-10 consists of 153,588 ac (62,155 ha) of inshore waters
from the Merrill P. Barber Bridge (on State Road 60) in Vero Beach to
the northern tip of the Indian River Lagoon in Indian River, Brevard,
and Volusia Counties, Florida. The unit includes rivers and canals
along the Indian River Lagoon and Banana River on the central east
coast of Florida. The unit includes manatee-accessible waters below the
MHW line (Service 2022, entire) within approximately 18.6 mi (30 km)
from the warm-water sites of the Sebastian River (C-54 Canal), DeSoto
Canal, Berkeley Canal, and the Banana River Marine Service Marina, as
well as the established winter manatee aggregation area near Florida
Power and Light's Port Canaveral Energy Center. The unit does not
extend all the way through the Haulover Canal or include Mosquito
Lagoon because those areas are farther than 18.6 mi (30 km) from the
nearest primary or secondary warm-water refuge or established winter
manatee aggregation area.
Areas within this unit include approximately 33,077 ac (13,386 ha;
22 percent) in Federal ownership, 117,318 ac (47,477 ha; 76 percent) in
State ownership, 1,782 ac (721 ha; 1 percent) in local government
ownership, and 1,410 ac (571 ha; 1 percent) in private/other ownership.
Under section 4(a)(3)(B)(i) of the Act, we are exempting 278 ac (112
ha) of DoD lands (216 ac (87 ha) of Cape Canaveral Space Force Station
lands and 62 ac (25 ha) of Patrick Space Force Base lands) within this
unit from the critical habitat designation because the DoD has an
approved INRMP for these areas that provides benefits to the manatee
and its habitat (see Exemptions, below).
Federally owned lands in this unit include Merritt Island, Pelican
Island, and Archie Carr NWRs. State-owned lands in this unit include
State Parks (Indian River Lagoon Preserve, St. Sebastian River
Preserve, and Sebastian Inlet) and State-owned submerged lands. Local
government-owned lands in this unit include several county- and city-
owned parks and preserves. General land use within this unit includes
parks, natural resource conservation, wildlife management, recreational
and commercial activities (e.g., swimming, fishing, and boating), power
generation, military activities, cargo and cruise port activities, and
space research and launch activities. Most of the unit also adjoins
areas of residential and commercial development.
Unit FL-10 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has one primary warm-water refuge, DeSoto
Canal, with established manatee use and medium

[[Page 78151]]

thermal quality, and three secondary warm-water refuges, Sebastian
River (C-54 Canal), Berkely Canal, and Banana River Marine Service
Marina, with established manatee use and low to medium thermal quality
(Valade et al. 2020, pp. 25-27). In addition, this unit provides forage
material within 18.6 mi (30 km) of the established winter manatee
aggregation area near Florida Power and Light's Cape Canaveral Energy
Center (Valade et al. 2020, p. 26), as well as within the Indian River
Lagoon, St. Sebastian River, Turkey Creek, Crane Creek, Eau Gallie
River, Sykes Creek, Banana River, and the many canals connected to
them. This unit also supports expansion and recovery of the regional
warm-water network in the Atlantic Coast Manatee Management Unit due to
several lower quality natural refuges or areas available to create new
refuges within the unit.
Approximately 151,293 ac (61,226 ha; 99 percent) of the unit
overlap with the current critical habitat designation for the West
Indian manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977) and proposed critical habitat for the threatened
rufa red knot (see 88 FR 22530, April 13, 2023) and the North Atlantic
DPS of the green sea turtle (see 88 FR 46572, July 19, 2023).
Threats to the physical or biological features identified within
Unit FL-10 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
enhancing existing or creating alternate warm-water refuges;
establishing and enforce boat speed zones, marked navigation channels,
and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-11: Upper St. Johns River
Unit FL-11 consists of 79,444 ac (32,150 ha) of springs, rivers,
and lakes in the Upper St. Johns, Hontoon Dead, Ziegler Dead, Norris
Dead, and Ocklawaha Rivers in Lake, Seminole, Volusia, Marion, and
Putnam Counties, Florida. The unit extends from Lake Monroe north to
Memorial Bridge (State Road 100) over the St. Johns River, east to the
mouth of Dunns Creek at Crescent Lake, and west to the Rodman Reservoir
through the Cross Florida Barge Canal. The unit also includes the
section of the Ocklawaha River from the St. Johns River to the Rodman
Dam. The unit includes manatee-accessible waters below the MHW line
(Service 2022, entire) within approximately 18.6 mi (30 km) from the
warm-water sites of Blue, Silver Glen, Salt, and Welaka Springs.
Areas within this unit include approximately 1,815 ac (735 ha; 2
percent) in Federal ownership, 76,984 ac (31,154 ha; 97 percent) in
State ownership, 150 ac (61 ha; less than 1 percent) in local
government ownership, and 495 ac (200 ha; 1 percent) in private/other
ownership. Under section 4(a)(3)(B)(i) of the Act, we are exempting 8
ac (3.2 ha) of Rodman Bomb Target, part of the Naval Air Station
Jacksonville Complex, within this unit from the critical habitat
designation because the DoD has an approved INRMP for these areas that
provides benefits to the manatee and its habitat (see Exemptions,
below).
Federally owned lands in this unit include Lake Woodruff NWR and
Ocala National Forest. State-owned lands in this unit include State
Parks (DeLeon Springs, Blue Spring, Hontoon Island, Ravine Gardens,
Lower Wekiva River Preserve and Dunns Creek), Marjorie Harris Carr
Cross Florida Greenway State Recreation and Conservation Area, Welaka
State Forest, Lake George State Forest, and State-owned submerged
lands. Local government-owned lands in this unit include several
county-owned parks and preserves. General land use within this unit
includes parks, natural resource conservation, wildlife management,
recreational and commercial activities (e.g., swimming, fishing, and
boating), and military activities. Some areas of the unit also adjoin
areas of residential and commercial development.
Unit FL-11 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has three primary warm-water refuges, Blue
Springs, Silver Glen Springs, and Salt Springs, with established
manatee use and high thermal quality and one secondary warm-water
refuge, Welaka Springs, with established manatee use and low thermal
quality (Valade et al. 2020, p. 25). In addition, this unit provides
forage material within the main stems and tributaries of the St. Johns,
Hontoon Dead, Ziegler Dead, Norris Dead, and Ocklawaha Rivers, as well
as within Lake Monroe, Lake Beresford, Lake Woodruff, Spring Garden
Lake, Lake Dexter, Lake George, the Rodman Reservoir, and the many
smaller lakes, rivers, and creeks connecting them. This unit also
provides some of the farthest inland primary warm-water refuges in the
Florida manatee's range and supports expansion and recovery of the
regional warm-water network in the Upper St. Johns River Manatee
Management Unit due to several lower quality natural refuges or areas
available to create new refuges within the unit, thereby supporting
expansion and refuge for manatees, and ensuring good spatial
representation for the St. Johns River Manatee Management Unit.
Approximately 65,961 ac (26,693 ha; 83 percent) of the unit overlap
with the current critical habitat designation for the West Indian
manatee (see 41 FR 41914, September 24, 1976, and 42 FR 47840,
September 22, 1977).
Threats to the physical or biological features identified within
Unit FL-11 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; removing nutrient-laden sediments;
coordinating with the Service prior to treatments of invasive or
nuisance aquatic vegetation and limiting invasive or nuisance aquatic
vegetation treatments that could reduce vegetation availability during
the cold season; conducting spring run restoration and improving
access; enhancing existing or creating alternate warm-water refuges;
establishing and enforcing boat speed zones, marked navigation
channels, and exclusion areas; developing or revising and implementing
standardized construction conditions for in-water construction; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit FL-12: Silver Springs
Unit FL-12 consists of 438 ac (177 ha) of springs and rivers in
Marion County, Florida. The unit extends from Silver Springs down
Silver River, then north and south into the Ocklawaha River
approximately 13 mi (21 km) to Cedar Creek to the north and Southeast

[[Page 78152]]

Highway 464C to the south. The unit includes manatee-accessible waters
below the MHW line (Service 2022, entire) within approximately 18.6 mi
(30 km) from the warm-water site of Silver Springs.
Areas within this unit include approximately 6 ac (2 ha; 1 percent)
in Federal ownership, 417 ac (169 ha; 95 percent) in State ownership,
and 15 ac (6 ha; 3 percent) in private/other ownership.
Federally owned lands in this unit include the Ocala National
Forest, and State-owned lands in this unit include Silver Springs State
Park, Marjorie Harris Carr Cross Florida Greenway State Recreation and
Conservation Area, St. Johns River WMD's Ocklawaha Prairie Restoration
Area, and State-owned submerged lands. General land use within this
unit includes parks, natural resource conservation, wildlife
management, and recreational and commercial activities (e.g., swimming,
fishing, and boating). Small areas of the unit also adjoin areas of
residential and commercial development.
Unit FL-12 is occupied by the subspecies and contains one or more
of the physical or biological features essential to the conservation of
the subspecies. This unit has one primary warm-water refuge, Silver
Springs, with high thermal quality and unpredictable manatee use
(Valade et al. 2020, p. 25), although recent studies have documented
increased and consistent use of the spring and nearby waters (Ross et
al. 2023, p. 2). In addition, this unit provides forage material within
the Silver and Ocklawaha Rivers. This unit also provides the farthest
inland primary warm-water refuge in the Florida manatee's range and
supports expansion and recovery of the regional warm-water network in
the Upper St. Johns River Manatee Management Unit due to several lower
quality natural refuges or areas available to create new refuges within
the unit, thereby supporting expansion and refuge for manatees, and
ensuring good spatial representation for the St. Johns River Manatee
Management Unit.
Threats to the physical or biological features identified within
Unit FL-12 include foraging and other habitat loss, modification, and
degradation; warm-water habitat loss; algal blooms; climate change;
contaminants; and tropical storms and hurricanes. Special management
considerations or protection measures to reduce or alleviate threats
may include improving water quality; establishing and maintaining
minimum flows and levels; restoring aquatic vegetation, living
shorelines, and filter feeders; coordinating with the Service prior to
treatments of invasive or nuisance aquatic vegetation and limiting
invasive or nuisance aquatic vegetation treatments that could reduce
vegetation availability during the cold season; conducting spring run
restoration and improving access; enhancing existing or creating
alternate warm-water refuges; establishing and enforcing boat speed
zones, marked navigation channels, and exclusion areas; developing or
revising and implementing standardized construction conditions for in-
water construction; and developing or revising and implementing oil
spill response and marine debris removal guidance with manatee and
aquatic vegetation considerations.

Proposed Critical Habitat Designation for the Antillean Manatee

We are proposing 13 units in the Commonwealth of Puerto Rico as
critical habitat for the Antillean manatee, totaling approximately
78,121 ac (31,614 ha). The critical habitat areas we describe below
constitute our current best assessment of areas that meet the
definition of critical habitat for the Antillean manatee. All of these
areas are occupied, and we are not proposing any unoccupied areas. All
of these areas are also Commonwealth-owned. Table 2 shows the proposed
critical habitat units, including unit names, land ownership, and
approximate area of each unit.

Table 2--Proposed Critical Habitat Units for the Antillean Manatee
[Area estimates reflect all land within critical habitat unit
boundaries.]
------------------------------------------------------------------------
Commonwealth
Critical habitat unit ownership in Size of unit in
acres (hectares) acres (hectares)
------------------------------------------------------------------------
PR-01: Boca Vieja................. 2,640 (1,068) 2,640 (1,068)
PR-02: Condado Lagoon............. 91 (37) 91 (37)
PR-03: R[iacute]o Grande.......... 1,691 (685) 1,691 (685)
PR-04: Fajardo.................... 2,065 (836) 2,065 (836)
PR-05: Ceiba...................... 6,429 (2,602) 6,429 (2,602)
PR-06: Vieques.................... 4,980 (2,015) 4,980 (2,015)
PR-07: Arroyo..................... 15,001 (6,071) 15,001 (6,071)
PR-08: Santa Isabel to Jobos Bay.. 24,360 (9,858) 24,360 (9,858)
PR-09: Guayanilla................. 7,404 (2,996) 7,404 (2,996)
PR-10: Gu[aacute]nica............. 1,798 (728) 1,798 (728)
PR-11: Bah[iacute]a Sucia......... 1,732 (697) 1,732 (697)
PR-12: Boquer[oacute]n............ 1,989 (805) 1,989 (805)
PR-13: Mayag[uuml]ez.............. 7,949 (3,217) 7,949 (3,217)
Total......................... 78,121 (31,614) 78,121 (31,614)
Ownership Percentage.......... 100 .................
------------------------------------------------------------------------
Note: Area sizes and percentages may not sum due to rounding.

We present brief descriptions of all proposed units and reasons why
they meet the definition of critical habitat for the Antillean manatee,
below.
Unit PR-01: Boca Vieja
Unit PR-01 consists of 2,640 ac (1,068 ha) of marine waters below
the MHW line within the Ensenada Boca Vieja along the coastline of the
Municipality of Toa Baja, Puerto Rico. The unit extends from the
northernmost point of Isla de Cabra on the east and approximately 3 mi
(5 km) across towards Punta Salinas to the west. The entire unit is
within Commonwealth ownership. General land use within this unit
includes natural resource conservation, wildlife management, and

[[Page 78153]]

recreational and commercial activities (e.g., swimming, fishing,
boating). Small areas of this unit also adjoin areas of residential and
commercial development.
Unit PR-01 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-01 is one of the three units on the north coast, ensuring good
spatial representation of critical habitat on the north coast of Puerto
Rico. Approximately 2,631 ac (1,065 ha; 99.7 percent) overlap with
designated critical habitat for the threatened elkhorn and staghorn
corals (see 73 FR 72210, November 26, 2008) and five Caribbean coral
species (Orbicella annularis, O. faveolata, O. franksi, Dendrogyra
cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023,
and 89 FR 19511, March 19, 2024); and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological feature identified within
Unit PR-01 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris removal guidance with manatee and aquatic vegetation
considerations.
Unit PR-02: Condado Lagoon
Unit PR-02 consists of 91 ac (37 ha) of marine waters below the MHW
line within the Condado Lagoon and El Boquer[oacute]n along the
coastline of the Municipality of San Juan, Puerto Rico. The Condado
Lagoon is bounded by the Condado Peninsula to the north, the Baldorioty
de Castro Expressway to the south, and the San Antonio and the Dos
Hermanos bridges on the west and northwest respectively. This unit also
includes the marine waters of El Boquer[oacute]n that connect with the
Condado Lagoon and are geographically separated by the Dos Hermanos
Bridge. This unit extends from the Condado Lagoon to El Boquer[oacute]n
along the eastern coastline towards Playita del Condado, and
approximately 705 ft (215 m) across towards the San Jer[oacute]nimo del
Boquer[oacute]n Fort to the west. The entire unit is within
Commonwealth ownership and overlaps with the Condado Lagoon Nature
Reserve, co-managed between the PRDNER and the San Juan Bay National
Estuary Program through its management plan (PRDNER 2016, entire).
General land use within this unit includes natural resource
conservation, wildlife management, and recreational and commercial
activities (e.g., swimming, kayaking, paddleboarding). Small areas of
this unit also adjoin areas of residential and commercial development.
Unit PR-02 is occupied by the subspecies and provides at least two
of the three resources defined as the physical or biological feature
essential to the conservation of the Antillean manatee in Puerto Rico:
seagrass in shallow water and calm waters for shelter. Unit PR-02 is
one of the three units on the north coast, ensuring good spatial
representation of critical habitat on the north coast of Puerto Rico.
Approximately 88 ac (36 ha; 97 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008) and five Caribbean coral species
(Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus,
and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023, and 89 FR
19511, March 19, 2024); and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological feature identified within
Unit PR-02 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-03: R[iacute]o Grande
Unit PR-03 consists of 1,691 ac (685 ha) of marine waters below the
MHW line along the coastline of the Municipality of R[iacute]o Grande
and a small portion towards the west along the Municipality of
Lo[iacute]za, Puerto Rico. The unit starts approximately 0.5 mi (0.8
km) west of Punta Percha and extends farther west along Punta
Pic[uacute]a, Punta Miquillo, and Punta San Agust[iacute]n, and ending
approximately 492 ft (150 m) west of the mouth of the Herrera River.
The offshore boundary of this unit extends approximately 3 mi (5 km)
from the freshwater sources within the unit, 820 ft (250 m) from the
outer edge of seagrass beds within the unit, 1,640 ft (500 m) from
shore if no seagrass was mapped, or to the 49-ft (15-m) bathymetry
line, whichever is closest to shore. The entire unit is within
Commonwealth ownership and overlaps with 1,574 ac (626 ha) of the
Marine Extent of the R[iacute]o Esp[iacute]ritu Santo Nature Reserve,
managed by the PRDNER. However, there is no management plan in place
for this reserve. General land use within this unit includes natural
resource conservation, wildlife management, and recreational and
commercial activities (e.g., swimming, fishing, boating). Some areas of
this unit also adjoin areas of residential and commercial development.
Unit PR-03 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-03 is one of the three units on the north coast, ensuring good
spatial representation of critical habitat on the north coast of Puerto
Rico. Approximately 1,666 ac (674 ha; 98 percent) overlap with
designated critical habitat for the threatened elkhorn and staghorn
corals (see 73 FR 72210, November 26, 2008) and five Caribbean coral
species (Orbicella annularis, O. faveolata, O. franksi, Dendrogyra
cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023,
and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-03 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for

[[Page 78154]]

in-water constructions; and developing or revising and implementing oil
spill response and marine debris guidance with manatee and aquatic
vegetation considerations.
Unit PR-04: Fajardo
Unit PR-04 consists of 2,065 ac (836 ha) of marine waters below the
MHW line along the coastline of the Municipality of Fajardo and a small
portion of the Municipality of Ceiba towards the southern edge of the
unit. This unit starts in Punta Fajardo and continues south along the
coastline beyond the Fajardo River, Punta Barracas, and Bah[iacute]a
Damajagua, ending on the north side of Punta Figueras. The offshore
boundary of this unit extends approximately 820 ft (250 m) from the
outer edge of seagrass beds within the unit, 1,640 ft (500 m) from
shore if no seagrass was mapped, or to the 49-ft (15-m) bathymetry
line, whichever is closest to shore. The entire unit is within
Commonwealth ownership. General land use within this unit includes
natural resource conservation, wildlife management, and recreational
and commercial activities (e.g., swimming, fishing, boating). Some
areas of this unit also adjoin areas of residential and commercial
development.
Unit PR-04 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-04 is one of the two units on the east coast, ensuring good spatial
representation of critical habitat on the east coast of Puerto Rico.
Approximately 2,040 ac (826 ha; 99 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008), Nassau grouper (see 89 FR 126, January 2,
2024), and five Caribbean coral species (Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox)
(see 88 FR 54026, August 9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-04 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-05: Ceiba
Unit PR-05 consists of 6,429 ac (2,602 ha) of marine waters below
the MHW line along the coastline of the Municipalities of Ceiba and
Naguabo. This unit starts just south of Punta Figuera and extends
farther south along the coastline beyond Puerto Medio Mundo, Punta
Medio Mundo, Pasaje Medio Mundo, Punta Puerca, Isla de Cabras, Ensenada
Honda, Punta Algodones, and Bah[iacute]a Algodones, ending just north
of Punta Lima. The offshore boundary of this unit extends approximately
820 ft (250 m) from the outer edge of seagrass beds within the unit,
1,640 ft (500 m) from shore if no seagrass was mapped, or to the 49-ft
(15-m) bathymetry line, whichever is closest to shore. The entire unit
is within Commonwealth ownership. General land use within this unit
includes natural resource conservation, wildlife management, and
recreational and commercial activities (e.g., swimming, fishing,
boating). Some areas of this unit also adjoin areas of residential and
commercial development.
Unit PR-05 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-05 is one of the two units on the east coast, ensuring good spatial
representation of critical habitat on the east coast of Puerto Rico.
Approximately 6,271 ac (2,538 ha; 98 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008), Nassau grouper (see 89 FR 126, January 2,
2024), and five Caribbean coral species (Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox)
(see 88 FR 54026, August 9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-05 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-06: Vieques
Unit PR-06 consists of 4,980 ac (2,015 ha) of marine waters below
the MHW line along the west-northwest coastline of the Municipality of
Vieques. This unit starts approximately 1 mile (1.5 km) east of Punta
Caballo within Ensenada Claque, continues west beyond the Puerto de la
Libertad Davis S. Sanes Rodr[iacute]guez (Mosquito Pier) and towards
Punta Arenas, and ends approximately 1 mi (1.7 km) south of Punta Boca
Quebrada along the coastline. The offshore boundary of this unit
extends approximately 820 ft (250 m) from the outer edge of seagrass
beds within the unit, 1,640 ft (500 m) from shore if no seagrass was
mapped, or to the 26-ft (8-m) bathymetry line, whichever is closest to
shore. The entire unit is within Commonwealth ownership. The
southwestern portion of Unit PR-06 has restricted access due to the
potential presence of unexploded ordnances (U.S. Department of the Navy
and U.S. Environmental Protection Agency 2022, pp. 4, 15, 18). General
land use within this unit includes natural resource conservation,
wildlife management, recreational and commercial activities (e.g.,
swimming, fishing, boating), and unexploded ordnance management. Some
areas of this unit also adjoin areas of commercial development and the
Vieques NWR.
Unit PR-06 is occupied by the subspecies and provides at least two
of the three resources defined as the physical or biological feature
essential to the conservation of the Antillean manatee in Puerto Rico:
seagrass in shallow water and calm waters for shelter. Unit PR-06 is
the only unit in Vieques Island off the southeast coast of Puerto Rico,
ensuring good spatial representation of critical habitat in that area.
Approximately 4,919 ac (1,991 ha; 99 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008), Nassau grouper (see 89 FR 126, January 2,
2024), and five Caribbean coral species (Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox)
(see 88 FR 54026,

[[Page 78155]]

August 9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-07 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations
Unit PR-07: Arroyo
Unit PR-07 consists of 15,001 ac (6,071 ha) of marine waters below
the MHW line along the coastline of the Municipalities of Patillas,
Arroyo, and Guayama. This unit starts approximately 738 ft (225 m) east
of the mouth of the Jacaboa River; continues west along the coastline
towards Punta Viento, Puerto Patillas, Punta Figuras, and Puerto
Arroyo; and ends approximately 0.9 mi (1.5 km) west of Punta Ola
Grande. The offshore boundary of this unit extends approximately 820 ft
(250 m) from the outer edge of seagrass beds within the unit, 1,640 ft
(500 m) from shore if no seagrass was mapped, or to the 49-ft (15-m)
bathymetry line, whichever is closest to shore. The entire unit is
within Commonwealth ownership and overlaps with approximately 897 ac
(363 ha) of the Marine Extent of the Guayama Reef Nature Reserve,
managed by the PRDNER. However, there is no management plan in place
for this reserve. General land use within this unit includes natural
resource conservation, wildlife management, and recreational and
commercial activities (e.g., swimming, fishing, boating). Some areas of
this unit also adjoin areas of residential and commercial development.
Unit PR-07 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-07 is the second largest unit and one of the two units on the
southeastern coast, ensuring good spatial representation of critical
habitat on the south coast of Puerto Rico. Approximately 14,974 ac
(6,060 ha; almost 100 percent) overlap with designated critical habitat
for the threatened elkhorn and staghorn corals (see 73 FR 72210,
November 26, 2008), and five Caribbean coral species (Orbicella
annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and
Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023, and 89 FR 19511,
March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-07 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-08: Santa Isabel to Jobos Bay
Unit PR-08 consists of 24,360 ac (9,858 ha) of marine waters below
the MHW line along the coastline of the Municipalities of Juana
D[iacute]az, Santa Isabel, Salinas, and Guayama. This unit starts
approximately 1,213 ft (370 m) west of Descalabrado River and continues
east along the coastline towards Punta Cayito, Punta Petrona,
Bah[iacute]a de Rinc[oacute]n, and Punta Arenas, including the waters
within Mar Negro and around Bah[iacute]a de Jobos towards Punta
Pozuelo. The offshore boundary of this unit extends approximately 820
ft (250 m) from the outer edge of seagrass beds within the unit, 1,640
ft (500 m) from shore if no seagrass was mapped, or to the 49-ft (15-m)
bathymetry line, whichever is closest to shore. The entire unit is
within Commonwealth ownership and overlaps with approximately 881 ac
(357 ha) of the Jobos Bay NERR, with approximately 4,239 ac (1,715 ha)
of the Marine Extent of the Punta Petrona Nature Reserve, and with
approximately 1,994 ac (807 ha) of the Marine Extent of Isla Caja de
Muertos Nature Reserve, managed by the PRDNER. However, only the Jobos
Bay NERR has an active management plan (PRDNER and NOAA 2017, entire).
General land use within this unit includes natural resource
conservation, wildlife management, and recreational and commercial
activities (e.g., swimming, fishing, boating). Some areas of this unit
also adjoin areas of residential and commercial development.
Unit PR-08 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-08 is the largest unit and contains one of the greatest aggregations
of Antillean manatees in Puerto Rico, ensuring good spatial
representation of critical habitat on the south coast of Puerto Rico.
Approximately 24,153 ac (9,774 ha; 99 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008), and five Caribbean coral species
(Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus,
and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023, and 89 FR
19511, March 19, 2024); and proposed critical habitat for the
threatened North Atlantic DPS of the green sea turtle (see 88 FR 46572,
July 19, 2023).
Threats to the physical or biological feature identified within
Unit PR-08 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-09: Guayanilla
Unit PR-09 consists of 7,404 ac (2,996 ha) of marine waters below
the MHW line along the coastline of the Municipalities of
Pe[ntilde]uelas and Guayanilla. This unit starts along the coastline of
Pe[ntilde]on de Ponce; continues west towards the Tallaboa River,
Bah[iacute]a Tallaboa, Punta Guayanilla, and Punta Pepillo, and around
Bah[iacute]a de Guayanilla towards Punta Verraco; and ends
approximately 984 ft (300 m) west of Cerro Toro in Punta Ventana beach.
The offshore boundary of this unit extends approximately 820 ft (250 m)
from the outer edge of seagrass beds within the

[[Page 78156]]

unit, 1,640 ft (500 m) from shore if no seagrass was mapped, or to the
49-ft (15-m) bathymetry line, whichever is closest to shore. The entire
unit is within Commonwealth ownership. General land use within this
unit includes natural resource conservation, wildlife management, and
recreational and commercial activities (e.g., swimming, fishing,
boating). Some areas of this unit also adjoin areas of residential and
commercial development.
Unit PR-09 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-09 is one of the three units on the southwestern coast, ensuring
good spatial representation of critical habitat on the south coast of
Puerto Rico. Approximately 7,313 ac (2,960 ha; 99 percent) overlap with
designated critical habitat for the threatened elkhorn and staghorn
corals (see 73 FR 72210, November 26, 2008), and five Caribbean coral
species (Orbicella annularis, O. faveolata, O. franksi, Dendrogyra
cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023,
and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-09 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-10: Gu[aacute]nica
Unit PR-10 consists of 1,798 ac (728 ha) of marine waters below the
MHW line along the coastline of the Municipality of Gu[aacute]nica.
This unit starts approximately 1,312 ft (400 m) west of Punta Jacinto
along the coastline towards and around G[uacute]anica Bay, including
Punta Meseta, Punta Pera, Punta Pescadores, and Ensenada Las Pardas,
and ending in Punta Brea. The offshore boundary of this unit extends
approximately 820 ft (250 m) from the outer edge of seagrass beds
within the unit, 1,640 ft (500 m) from shore if no seagrass was mapped,
or to the 49-ft (15-m) bathymetry line, whichever is closest to shore.
The entire unit is within Commonwealth ownership and overlaps with
approximately 581 ac (235 ha) of the Marine Extent of the
Gu[aacute]nica Commonwealth Forest, managed by the PRDNER. However,
there is no management plan in place for this forest or the Marine
Extent. General land use within this unit includes natural resource
conservation, wildlife management, and recreation and commercial
activities (e.g., swimming, fishing, boating). Some areas of this unit
also adjoin areas of residential and commercial development.
Unit PR-10 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-10 is one of the three units on the southwestern coast, ensuring
good spatial representation of critical habitat on the south coast of
Puerto Rico. Approximately 1,766 ac (715 ha; 98 percent) overlap with
designated critical habitat for the threatened elkhorn and staghorn
corals (see 73 FR 72210, November 26, 2008), Nassau grouper (see 89 FR
126, January 2, 2024), and five Caribbean coral species (Orbicella
annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and
Mycetophyllia ferox) (see 88 FR 54026, August 9, 2023, and 89 FR 19511,
March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-10 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-11: Bah[iacute]a Sucia
Unit PR-11 consists of 1,723 ac (697 ha) of marine waters below the
MHW line within Bah[iacute]a Sucia along the coastline of the
Municipality of Cabo Rojo, Puerto Rico. Bah[iacute]a Sucia extends from
Punta Molino on the east and approximately 2 mi (3 km) across to the
southwest towards Cabo Rojo. The entire unit is within Commonwealth
ownership and overlaps with the Marine Extent of the Boquer[oacute]n
Commonwealth Forest, managed by the PRDNER. However, there is no
management plan in place for this area. General land use within this
unit includes natural resource conservation, wildlife management, and
recreation activities (e.g., swimming, fishing, boating). Some areas of
this unit also adjoin the Cabo Rojo NWR.
Unit PR-11 is occupied by the subspecies and provides at least two
of the three resources defined as the physical or biological feature
essential to the conservation of the Antillean manatee in Puerto Rico:
seagrass in shallow water and calm waters for shelter. Unit PR-11 is
the farthest west along the south coast, ensuring good spatial
representation of critical habitat on the south coast of Puerto Rico.
Approximately 1,704 ac (690 ha; 99 percent) overlap with designated
critical habitat for the threatened elkhorn and staghorn corals (see 73
FR 72210, November 26, 2008), Nassau grouper (see 89 FR 126, January 2,
2024), and five Caribbean coral species (Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox)
(see 88 FR 54026, August 9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-11 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-12: Boquer[oacute]n
Unit PR-12 consists of 1,989 ac (805 ha) of marine waters below the
MHW line within Bah[iacute]a de Boquer[oacute]n along the coastline of
the Municipality of Cabo Rojo. This unit extends from approximately 394
ft (120 m) east of

[[Page 78157]]

Punta Melones along the coastline of Bah[iacute]a de Boquer[oacute]n,
including the waters inside Ca[ntilde]o Boquer[oacute]n, and towards
Punta Guaniquilla to the north. The offshore boundary of this unit
extends approximately 820 ft (250 m) from the outer edge of seagrass
beds within the unit, 1,640 ft (500 m) from shore if no seagrass was
mapped, or to the 49-ft (15-m) bathymetry line, whichever is closest to
shore. The entire unit is within Commonwealth ownership. General land
use within this unit includes natural resource conservation, wildlife
management, and recreation and commercial activities (e.g., swimming,
fishing, boating). Some areas of this unit also adjoin areas of
residential and commercial development.
Unit PR-12 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-12 is one of the two units on the west coast and the farthest south
along the west coast, ensuring good spatial representation of critical
habitat on the west coast of Puerto Rico. Approximately 1,784 ac (722
ha; 90 percent) overlap with designated critical habitat for the
threatened elkhorn and staghorn corals (see 73 FR 72210, November 26,
2008), Nassau grouper (see 89 FR 126, January 2, 2024), and five
Caribbean coral species (Orbicella annularis, O. faveolata, O. franksi,
Dendrogyra cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August
9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-12 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.
Unit PR-13: Mayag[uuml]ez
Unit PR-13 consists of 7,949 ac (3,217 ha) of marine waters below
the MHW line along the coastline of the Municipality of Cabo Rojo and a
small portion of the Municipality of Mayag[uuml]ez. This unit starts
approximately 0.9 mi (1.5 km) south of Punta Arenas and continues
towards the north along the coastline of Bah[iacute]a Bramadero,
including Punta Guanajibo, to approximately 1,640 ft (500 m) north of
the mouth of the Guanajibo River. The offshore boundary of this unit
extends approximately 820 ft (250 m) from the outer edge of seagrass
beds within the unit, 1,640 ft (500 m) from shore if no seagrass was
mapped, or to the 49-ft (15-m) bathymetry line, whichever is closest to
shore. The entire unit is within Commonwealth ownership. General land
use within this unit includes natural resource conservation, wildlife
management, and recreation and commercial activities (e.g., swimming,
fishing, boating). Some areas of this unit also adjoin areas of
residential and commercial development.
Unit PR-13 is occupied by the subspecies and provides all three of
the resources defined as the physical or biological feature essential
to the conservation of the Antillean manatee in Puerto Rico: freshwater
sources, seagrass in shallow water, and calm waters for shelter. Unit
PR-13 is the third largest and one of the two units on the west coast,
ensuring good spatial representation of critical habitat on the west
coast of Puerto Rico. Approximately 7,944 ac (3,215 ha; almost 100
percent) overlap with designated critical habitat for the threatened
elkhorn and staghorn corals (see 73 FR 72210, November 26, 2008),
Nassau grouper (see 89 FR 126, January 2, 2024), and five Caribbean
coral species (Orbicella annularis, O. faveolata, O. franksi,
Dendrogyra cylindrus, and Mycetophyllia ferox) (see 88 FR 54026, August
9, 2023, and 89 FR 19511, March 19, 2024).
Threats to the physical or biological feature identified within
Unit PR-13 include foraging and other habitat loss, modification, and
degradation; climate change; contaminants; and tropical storms and
hurricanes. Special management considerations or protection measures to
reduce or alleviate threats may include improving water quality;
restoring aquatic vegetation and living shorelines; establishing and
enforcing boat speed zones, marked navigation channels, and exclusion
areas; developing or revising and implementing standardized
construction conservation measures for in-water constructions; and
developing or revising and implementing oil spill response and marine
debris guidance with manatee and aquatic vegetation considerations.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they authorize, fund, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action which is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
Destruction or adverse modification means a direct or indirect
alteration that appreciably diminishes the value of critical habitat as
a whole for the conservation of a listed species (50 CFR 402.02).
Compliance with the requirements of section 7(a)(2) is documented
through our issuance of:

(1) A concurrence letter for Federal actions that may affect,
but are not likely to adversely affect, listed species or critical
habitat; or
(2) A biological opinion for Federal actions that may affect,
and are likely to adversely affect, listed species or critical
habitat.

When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during formal consultation that:

(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Service Director's opinion, avoid the
likelihood of jeopardizing the continued existence of the listed
species or avoid the likelihood of destroying or adversely modifying
critical habitat.

Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a

[[Page 78158]]

reasonable and prudent alternative are similarly variable.
Regulations at 50 CFR 402.16 set forth requirements for Federal
agencies to reinitiate consultation. Reinitiation of consultation is
required and shall be requested by the Federal agency, where
discretionary Federal involvement or control over the action has been
retained or is authorized by law and: (1) if the amount or extent of
taking specified in the incidental take statement is exceeded; (2) if
new information reveals effects of the action that may affect listed
species or critical habitat in a manner or to an extent not previously
considered; (3) if the identified action is subsequently modified in a
manner that causes an effect to the listed species or critical habitat
that was not considered in the biological opinion or written
concurrence; or (4) if a new species is listed or critical habitat
designated that may be affected by the identified action. As provided
in 50 CFR 402.16, the requirement to reinitiate consultations for new
species listings or critical habitat designation does not apply to
certain agency actions (e.g., land management plans issued by the
Bureau of Land Management in certain circumstances).

Destruction or Adverse Modification of Critical Habitat

The key factor related to the destruction or adverse modification
determination is whether implementation of the proposed Federal action
directly or indirectly alters the designated critical habitat in a way
that appreciably diminishes the value of the critical habitat as a
whole for the conservation of the listed species. As discussed above,
the role of critical habitat is to support physical or biological
features essential to the conservation of a listed species and provide
for the conservation of the species.
Section 4(b)(8) of the Act requires that our Federal Register
notices ``shall, to the maximum extent practicable also include a brief
description and evaluation of those activities (whether public or
private) which, in the opinion of the Secretary, if undertaken may
adversely modify [critical] habitat, or may be affected by such
designation.''
Activities that may be affected by designation of critical habitat
for the Florida manatee and Antillean manatee include those that may
affect the physical or biological features of the subspecies' critical
habitat (see Physical or Biological Features Essential to the
Conservation of the Species).

Exemptions

Application of Section 4(a)(3) of the Act

The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an INRMP by November 17, 2001. An INRMP integrates
implementation of the military mission of the installation with
stewardship of the natural resources found on the base. Each INRMP
includes:

(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed
species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be
implemented to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.

Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) provides that the Secretary shall not
designate as critical habitat any lands or other geographical areas
owned or controlled by the DoD, or designated for its use, that are
subject to an INRMP prepared under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary determines in writing that such plan
provides a benefit to the species for which critical habitat is
proposed for designation.
We consult with the military on the development and implementation
of INRMPs for installations with listed species. We analyzed INRMPs
developed by military installations located within the range of the
proposed revised critical habitat designation for the Florida manatee
to determine if they meet the criteria for exemption from critical
habitat under section 4(a)(3) of the Act. There are no DoD lands with a
completed INRMP within the proposed critical habitat designation for
the Antillean manatee. The following areas are DoD-owned or controlled
lands with completed, Service-approved INRMPs within the proposed
revised critical habitat designation for the Florida manatee.

Approved INRMPs

MacDill Air Force Base
We have determined that approximately 4,415 ac (1,787 ha) of
submerged lands managed by MacDill Air Force Base are essential to the
conservation of the Florida manatee. These specific lands are managed
according to their INRMP (U.S. Department of the Air Force 2022a,
entire; Borchert 2023, pers. comm.). The Florida manatee is a covered
species, and the INRMP provides conservation and habitat management
measures applicable to the subspecies. The Service has approved these
conservation and management measures, and the INRMP has been signed.
Some of the principles and guidelines listed in the MacDill Air
Force Base INRMP to achieve the DoD's ecosystem management goal that
benefit the Florida manatee include maintaining and improving
sustainability and native diversity of ecosystems, developing
coordinated approaches to achieve ecosystem health, and incorporating
adaptive management techniques (U.S. Department of the Air Force 2022a,
p. 13). Several management goals and objectives listed in the INRMP
directly benefit the Florida manatee and its habitat, including to
protect and improve recovery of listed species and their habitats,
manage invasive species, and manage natural resources (U.S. Department
of the Air Force 2022a, pp. 91-95). Ongoing and planned restoration
activities at the installation that benefit manatee habitat include
improving stormwater runoff to Tampa Bay, constructing living
shorelines, experimentally restoring seagrass in tidal ponds, and
potentially restoring seagrass in Tampa Bay (U.S. Department of the Air
Force 2022a, pp. 65, 82; Borchert 2023, pers. comm.).
Based on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the identified lands
are subject to the MacDill Air Force Base INRMP and that conservation
efforts identified in the INRMP provide a benefit to the Florida
manatee and its habitat. Therefore, lands within this installation are
exempt from critical habitat designation under section 4(a)(3) of the
Act. We are not including approximately 4,415 ac (1,787 ha) of habitat
in Unit FL-04 of this proposed revised critical habitat designation
because of this exemption.
U.S. Space Force Space Launch Delta 45
We have determined that approximately 278 ac (112 ha) of submerged
lands managed by the U.S.

[[Page 78159]]

Space Force Space Launch Delta 45 at Canaveral Space Force Station (216
ac (87 ha)) and Patrick Space Force Base (62 ac (25 ha)) are essential
to the conservation of the Florida manatee. These specific lands are
managed according to their INRMP (U.S. Department of the Air Force
2022b, entire; Gillikin and Chambers 2023, pers. comm.). The Florida
manatee is a covered species, and the INRMP provides conservation and
habitat management measures applicable to the subspecies. The Service
has approved these conservation and management measures, and the INRMP
has been signed.
Some of the elements and principles listed in the Space Launch
Delta 45 INRMP to achieve the DoD's ecosystem management goal that
benefit the Florida manatee include using an ecosystem approach to
management and restoration, adaptively managing natural resources for
climate change, fostering sustainability of ecosystem services, and
collaborating with regional partners to implement ecosystem management
(U.S. Department of the Air Force 2022b, pp. 13-14). Several management
goals and objectives listed in the INRMP directly benefit the Florida
manatee and its habitat, including to protect listed species and their
habitats, manage invasive species, and promote biodiversity and manage
natural resources with an ecosystem approach (U.S. Department of the
Air Force 2022b, p. 11). Ongoing and planned activities at these
installations that benefit manatee habitat include restoring and
enhancing wetlands to improve water quality and enhance connections
between wetlands and the Banana River, constructing living shorelines,
and educating base personnel and rental boat recreationists (U.S.
Department of the Air Force 2022a, pp. 160, 813, 818).
Based on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the identified lands
at Cape Canaveral Space Force Station and Patrick Space Force Base are
subject to the Space Launch Delta 45 INRMP and that conservation
efforts identified in the INRMP provide a benefit to the Florida
manatee and its habitat. Therefore, lands within these installations
are exempt from critical habitat designation under section 4(a)(3) of
the Act. We are not including approximately 278 ac (112 ha) of habitat
in Unit FL-10 of this proposed revised critical habitat designation
because of this exemption.
Naval Air Station Jacksonville Complex
We have determined that approximately 8 ac (3.2 ha) of submerged
lands managed by the Naval Air Station Jacksonville Complex at the
Rodman Bomb Target property are essential to the conservation of the
Florida manatee. These specific lands are managed according to their
INRMP (U.S. Department of the Navy 2019, entire; Jackson 2023a, pers.
comm.). The Florida manatee is a covered species, and the INRMP
provides conservation and habitat management measures applicable to the
subspecies. The Service has approved these conservation and management
measures, and the INRMP has been signed.
Some of the goals and objectives listed in the Naval Air Station
Jacksonville Complex INRMP to achieve the DoD's ecosystem management
goal that benefit the Florida manatee include protecting, maintaining,
and restoring natural resources, and implementing training, education,
and stewardship initiatives for ecosystem management (U.S. Department
of the Navy 2019, pp. ES-2-ES-3). Several strategies listed in the
INRMP directly benefit the Florida manatee and its habitat, including
minimizing pollutant load in stormwater runoff, managing invasive
species, protecting and enhancing listed species and their habitats,
and educating personnel and citizens in ecosystem management and
stewardship (U.S. Department of the Navy 2019, pp. 4-3-4-7, 4-14, 4-
21). Ongoing and planned projects at the Rodman Bomb Target that
benefit manatee habitat include installing education signs for manatee
habitat protection and implementing various water quality protection
actions (U.S. Department of the Navy 2019, pp. 5-86; Jackson 2023b,
pers. comm.).
Based on the above considerations, and in accordance with section
4(a)(3)(B)(i) of the Act, we have determined that the identified lands
at the Rodman Bomb Target property are subject to the Naval Air Station
Jacksonville Complex INRMP and that conservation efforts identified in
the INRMP provide a benefit to the Florida manatee and its habitat.
Therefore, lands within this property are exempt from critical habitat
designation under section 4(a)(3) of the Act. We are not including
approximately 8 ac (3.2 ha) of habitat in Unit FL-11 of this proposed
revised critical habitat designation because of this exemption.

Consideration of Impacts Under Section 4(b)(2) of the Act

Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from designated critical habitat based on
economic impacts, impacts on national security, or any other relevant
impacts. Exclusion decisions are governed by the regulations at 50 CFR
424.19 and the Policy Regarding Implementation of Section 4(b)(2) of
the Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226,
February 11, 2016), both of which were developed jointly with the
National Marine Fisheries Service. We also refer to a 2008 Department
of the Interior Solicitor's opinion entitled, ``The Secretary's
Authority to Exclude Areas from a Critical Habitat Designation under
Section 4(b)(2) of the Endangered Species Act'' (M-37016).
In considering whether to exclude a particular area from the
designation, we identify the benefits of including the area in the
designation, identify the benefits of excluding the area from the
designation, and evaluate whether the benefits of exclusion outweigh
the benefits of inclusion. If the analysis indicates that the benefits
of exclusion outweigh the benefits of inclusion, the Secretary may
exercise discretion to exclude the area only if such exclusion would
not result in the extinction of the species. In making the
determination to exclude a particular area, the statute on its face, as
well as the legislative history, are clear that the Secretary has broad
discretion regarding which factor(s) to use and how much weight to give
to any factor. In our final rules, we explain any decision to exclude
areas, as well as decisions not to exclude, to make clear the rational
basis for our decision. We describe below the process that we use for
taking into consideration each category of impacts and any initial
analyses of the relevant impacts.

Consideration of Economic Impacts

Section 4(b)(2) of the Act and its implementing regulations require
that we consider the economic impact that may result from a designation
of critical habitat. To assess the probable economic impacts of a
designation, we must first evaluate specific land uses or activities
and projects that may occur in the area of the critical habitat. We
then must evaluate the impacts that a specific

[[Page 78160]]

critical habitat designation may have on restricting or modifying
specific land uses or activities for the benefit of the species and its
habitat within the areas proposed. We then identify which conservation
efforts may be the result of the species being listed under the Act
versus those attributed solely to the designation of critical habitat
for this particular species. The probable economic impact of a proposed
critical habitat designation is analyzed by comparing scenarios both
``with critical habitat'' and ``without critical habitat.''
The ``without critical habitat'' scenario represents the baseline
for the analysis, which includes the existing regulatory and socio-
economic burden imposed on landowners, managers, or other resource
users potentially affected by the designation of critical habitat
(e.g., under the Federal listing as well as other Federal, State, and
local regulations). Therefore, the baseline represents the costs of all
efforts attributable to the listing of the species under the Act (i.e.,
conservation of the species and its habitat incurred regardless of
whether critical habitat is designated). The ``with critical habitat''
scenario describes the incremental impacts associated specifically with
the designation of critical habitat for the species. The incremental
conservation efforts and associated impacts would not be expected
without the designation of critical habitat for the species. In other
words, the incremental costs are those attributable solely to the
designation of critical habitat, above and beyond the baseline costs.
These are the costs we use when evaluating the benefits of inclusion
and exclusion of particular areas from the final designation of
critical habitat should we choose to conduct a discretionary section
4(b)(2) exclusion analysis.
Executive Order (E.O.) 14094 supplements and reaffirms E.O. 12866
and E.O. 13563 and directs Federal agencies to assess the costs and
benefits of available regulatory alternatives in quantitative (to the
extent feasible) and qualitative terms. Consistent with the E.O.
regulatory analysis requirements, our effects analysis under the Act
may take into consideration impacts to both directly and indirectly
affected entities, where practicable and reasonable. If sufficient data
are available, we assess to the extent practicable the probable impacts
to both directly and indirectly affected entities. To determine whether
the designation of critical habitat may have an economic effect of $200
million or more in any given year (which would trigger section 3(f)(1)
of E.O. 12866, as amended by E.O. 14094), we used a screening analysis
to assess whether a revised designation of critical habitat for the
Florida manatee and a designation of critical habitat for the Antillean
manatee are likely to exceed this threshold.
For these particular designations, we developed an incremental
effects memorandum (IEM) considering the probable incremental economic
impacts that may result from the proposed revised and proposed
designations of critical habitat. The information contained in our IEM
was then used to develop a screening analysis of the probable effects
of the revised designation of cri

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