50 CFR § 17.100-17.108 - Manatee Protection Areas

204 50 CFR Ch. I (10–1–23 Edition) § 17.100 a moderate soil or ash accumulation or that are at the interface between younger aa lava flows and much older pahoehoe lava or ash deposits with a fairly consistent microhabitat (areas that are moist and dark); and con taining one or more of the following as sociated native plant species: Leptecophylla tameiameiae, Phyllostegia ambigua, Vaccinium reticulatum, mosses, or liverworts; and (ii) Elevations between 1,313 and 2,194 m (4,306 and 7,198 ft). FAMILY ASPLENIACEAE: Asplenium dielerectum (NCN) Hawaii 17—Asplenium dielerectum—a and Hawaii 18—Asplenium dielerectum— b, identified in the legal descriptions in paragraph (k) of this section, con stitute critical habitat for Asplenium dielerectum on Hawaii. Within these units, the currently known primary constituent elements of critical habi tat include, but are not limited to, the habitat components provided by: (i) Metrosideros polymorpha-Nestegis sandwicensis lowland mesic forest con taining one or more of the following as sociated native plant species: Antidesma platyphyllum, A. pulvinatum, Diospyros sandwicensis, Microlepia sp., Nephrolepis spp. Nestegis sandwicensis, Psydrax odorata, Wikstroemia phillyreifolia, or Wikstroemia sandwicensis; and (ii) Elevations between 510 and 981 m (1,672 and 3,217 ft). FAMILY GRAMMITIDACEAE: Adenophorus periens (PALAI LAAU) Hawaii 28—Adenophorus periens—a, identified in the legal description in paragraph (k) of this section, con stitutes critical habitat for Adenophorus periens on Hawaii. Within this unit, the currently known primary constituent elements of critical habi tat include but are not limited to, the habitat components provided by: (i) Epiphytic on Metrosideros polymorpha or Ilex anomala, or possibly other native tree trunks, in Metrosideros polymorpha-Cibotium glaucum lowland wet forest containing one or more of the following associated native plant species: Broussasia arguta, Cheirodendron trigynum, Cyanea sp., Cyrtandra sp., Dicranopteris linearis, Freycinetia arborea, Hedyotis terminalis, Labordia hirtella, Machaerina angustifolia, Psychotria hawaiiensis, or Psychotria sp.; and (ii) Elevations between 675 and 921 m (2,215 and 3,021 ft). [68 FR 9241, Feb. 27, 2003, as amended at 68 FR 13055, Mar. 18, 2003; 68 FR 26038, May 14, 2003; 68 FR 28072, May 22, 2003; 68 FR 36080, June 17, 2003; 68 FR 39704, July 2, 2003; 77 FR 57767, Sept. 18, 2012; 83 FR 42424, Aug. 21, 2018. Redesignated at 85 FR 82388, Dec. 18, 2020; 88 FR 7147, Feb. 2, 2023] Subpart J—Manatee Protection Areas SOURCE: 44 FR 60964, Oct. 22, 1979. Redesig nated at 85 FR 82388, Dec. 18, 2020. § 17.100 Purpose. This subpart provides a means for es tablishing manatee protection areas without waters under the jurisdiction of the United States, including coastal waters adjacent to and inland waters within the several States, within which certain waterborne activities will be restricted or prohibited for the purpose of preventing the taking of manatees. § 17.101 Scope. This subpart applies to the West In dian manatee (Trichechus manatus), also known as the Florida manatee and as the sea cow. The provisions of this subpart are in addition to, and not in lieu of, other regulations contained in this chapter I which may require a per mit or prescribe additional restrictions on the importation, exportation, trans portation, or taking of wildlife, and the regulations contained in title 33, CFR, which regulate the use of navigable waters. § 17.102 Definitions. In addition to definitions contained in the Acts, part 10 of this subchapter, and § 17.3 of this part, and unless the context otherwise requires, in this sub part: Acts means the Endangered Species Act of 1973, as amended (87 Stat. 884, 16 U.S.C. 1531–1543) and the Marine Mam mal Protection Act of 1972, as amended (86 Stat. 1027, 16 U.S.C. 1361–1407); Authorized officer means any commis sioned, warrant, or petty officer of the VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 205 U.S. Fish and Wildlife Serv., Interior § 17.103 U.S. Coast Guard, or any officer or agent designated by the Director of the U.S. Fish and Wildlife Service, the Sec retary of the Interior, the Secretary of Commerce, or the Secretary of the Treasury, or any officer designated by the head of a Federal or State agency which has entered into an agreement with the Secretary of the Interior, Sec retary of Commerce, Secretary of the Treasury, or Secretary of Transpor tation to enforce the Acts, or any Coast Guard personnel accompanying and acting under the direction of a per son included above in this definition; Idle speed is defined as the minimum speed needed to maintain steerage (di rection) of the vessel; Manatee protection area means a man atee refuge or a manatee sanctuary; Manatee refuge means an area in which the Director has determined that certain waterborne activity would result in the taking of one or more manatees, or that certain waterborne activity must be restricted to prevent the taking of one or more manatees, including but not limited to a taking by harassment; Manatee sanctuary means an area in which the Director has determined that any waterborne activity would re sult in a taking of one or more manatees, including but not limited to a taking by harassment; Planing means riding on or near the water’s surface as a result of the hy drodynamic forces on a water vehicle’s hull, sponsons, foils, or other surfaces. A water vehicle is considered on plane when it is being operated at or above the speed necessary to keep the vessel planing; Slow speed is defined as the speed at which a water vehicle proceeds when it is fully off plane and completely set tled in the water. Due to the different speeds at which water vehicles of dif ferent sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to slow speed. A water vehicle is not proceeding at slow speed if it is: on a plane; in the process of coming up on or coming off of plane; or creating an excessive wake. A water vehicle is pro ceeding at slow speed if it is fully off plane and completely settled in the water, not creating an excessive wake; Slow speed (channel exempt) means that the slow-speed designation does not apply to those waters within the maintained, marked channel; Slow speed (channel included) means that the slow-speed designation applies both within and outside the designated channel; Wake means all changes in the vertical height of the water’s surface caused by the passage of a water vehi cle, including a vessel’s bow wave, stern wave, and propeller wash, or a combination thereof; Waterborne activity includes, but is not limited to, swimming, diving (in cluding skin and scuba diving), snor keling, water skiing, surfing, fishing, the use of water vehicles, and dredging and filling operations; Water vehicle, watercraft, and vessel in clude, but are not limited to, boats (whether powered by engine, wind, or other means), ships (whether powered by engine, wind, or other means), barges, surfboards, personal watercraft, water skis, or any other device or mechanism the primary or an inci dental purpose of which is locomotion on, or across, or underneath the sur face of the water. [44 FR 60964, Oct. 22, 1979, as amended at 67 FR 693, Jan. 7, 2002] § 17.103 Establishment of protection areas. The Director may, by regulation issued in accordance with 5 U.S.C. 553 and 43 CFR part 14, establish manatee protection areas whenever there is sub stantial evidence showing such estab lishment is necessary to prevent the taking of one or more manatees. Any regulation establishing a manatee pro tection area shall state the following information: (a) Whether the area is to be a man atee sanctuary or refuge. (1) If the area is to be a manatee sanctuary, the regulation shall state that all waterborne activities are pro hibited. (2) If the area is to be a manatee ref uge, the regulation shall state which, if any, waterborne activities are prohib ited, and it shall state the applicable restrictions, if any, on permitted wa terborne activities. VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 206 50 CFR Ch. I (10–1–23 Edition) § 17.104 1 EDITORIAL NOTE: Section 18.53 was re moved at 48 FR 22456, May 18, 1983. See the note at part 18, subpart F. (b) A description of the area suffi cient enough so that its location and dimensions can be readily ascertained without resort to means other than published maps, natural or man-made physical reference points, and posted signs. (c) Whether the designation is to re main in effect year-round, and if not, the time of year it is to remain in ef fect. § 17.104 Prohibitions. Except as provided in § 17.105, (a) Manatee sanctuary. It is unlawful for any person to engage in any water borne activity within a manatee sanc tuary. (b) Manatee refuge. It is unlawful for any person within a particular man atee refuge to engage in any water borne activity which has been specifi cally prohibited within that refuge, or to engage in any waterborne activity in a manner contrary to that permitted by regulation within that area. Any take of manatees under the Acts (see § 18.3 of this chapter for a definition of ‘‘take’’ in regard to marine mammals), including take by harassment, is pro hibited wherever it may occur. (c) State law. It is unlawful for any person to engage in any waterborne ac tivity prohibited by, or to engage in any waterborne activity in a manner contrary to that permitted by, any State law or regulation the primary purpose of which is the protection of manatees: Provided: that such State law or regulation has been issued as part of a program which is determined to be in accordance with the Endan gered Species Act of 1973, pursuant to section 6(c) of that Act (16 U.S.C. 1535(c)) or has been approved as con sistent with the Marine Mammal Pro tection Act of 1972 in accordance with section 109 of that Act (16 U.S.C. 1379) and 50 CFR 18.53. 1 [44 FR 60964, Oct. 22, 1979, as amended at 77 FR 15631, Mar. 16, 2012] § 17.105 Permits and exceptions. (a) The Director may issue permits allowing the permittee to engage in any activity otherwise prohibited by this subpart. Such permits shall be issued in accordance with the provi sions of § 17.22 of this part. Such per mits shall be issued only for scientific purposes or for the enhancement of propagation or survival. All of the pro visions of § 17.22 shall apply to the issuance of such permits, including those provisions which incorporate other sections by reference. Compli ance with this paragraph does not by itself constitute compliance with any applicable requirements of part 18. (b) Any authorized officer may en gage in any activity otherwise prohib ited by this subpart if: (1) The officer is acting in the per formance of his or her official duties; and (2) The activity is being conducted to directly protect any manatees, to en hance the propagation or survival of manatees, or is reasonably required to enforce the other provisions of this subpart. (c) Any person may engage in any ac tivity otherwise prohibited by this sub part if such activity is reasonably nec essary to prevent the loss of life or property due to weather conditions or other reasonably unforeseen cir cumstances, or to render necessary as sistance to persons or property. (d) Any waterborne activity which would otherwise be prohibited by this subpart may be engaged in if it is con ducted by or under a contract with a Federal agency and if the Secretary of Defense, in accordance with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C. 1536(j)) makes a finding that such activity is necessary for reasons of national security. Such a finding must be made prior to the beginning of the activity or the designation of the protection area, whichever occurs later; except that in the case of an emergency establishment of a protec tion area under § 17.106, the finding must be made within 10 days after the beginning of the activity or the des ignation of the protection area, which ever occurs later. VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 207 U.S. Fish and Wildlife Serv., Interior § 17.108 § 17.106 Emergency establishment of protection areas. (a) The Director may establish a manatee protection area under the pro visions of paragraphs (b) and (c) of this section at any time he determines there is substantial evidence that there is imminent danger of a taking of one or more manatees, and that such estab lishment is necessary to prevent such a taking. (b) The establishment of a manatee protection area under this section shall become effective immediately upon completion of the following require ments: (1) Publication of a notice containing the information required by § 17.103 of this section in a newspaper of general circulation in each county, if any, in which the protection area lies; and (2) Posting of the protection area with signs clearly marking its bound aries. (c) Simultaneously with the publica tion required by paragraph (b) of this section, the Director shall publish the same notice in the FEDERAL REGISTER. If simultaneous publication is imprac tical, because of the time involved or the nature of a particular emergency situation, failure to publish notice in the FEDERAL REGISTER simultaneously shall not delay the effective date of the emergency establishment. In such a case, notice shall be published in the FEDERAL REGISTER as soon as possible. (d) No emergency establishment of a protection area shall be effective for more than 120 days. Termination of an emergency establishment of a protec tion area shall be accomplished by pub lishing notice of the termination in the FEDERAL REGISTER and in a newspaper of general circulation in each county, if any, in which the protection area lies. (e) Within 10 days after establishing a protection area in accordance with this section, the Director shall commence proceedings to establish the area in ac cordance with § 17.103. § 17.107 Facilitating enforcement. Water vehicles operating in manatee sanctuary or refuge waters are subject to boarding and inspection for the pur pose of enforcing the Acts and these regulations. (a) The operator of a water vehicle shall immediately comply with in structions issued by authorized officers to facilitate boarding and inspection of the water vehicle. (b) Upon being approached by an au thorized officer, the operator of a water vehicle shall be alert for signals con veying enforcement instructions. (c) A water vehicle signaled for boarding shall: (1) Guard channel 16, VHF-FM, if equipped with a VHF-FM radio; (2) Stop immediately and lay to or maneuver in such a manner as to facili tate boarding by the authorized officer and his or her party; (3) When necessary to facilitate the boarding, provide a safe ladder, manrope, safety line and illumination of the ladder; and (4) Take such other actions as may be necessary to ensure the safety of the authorized officer and his or her party and to facilitate the boarding and in spection. (d) It is unlawful for any person to assault, resist, oppose, impede, intimi date, or interfere with any authorized officer or member of his or her party. § 17.108 List of designated manatee protection areas. (a) Manatee sanctuaries. The following areas are designated as manatee sanc tuaries. All waterborne activities are prohibited in these areas during the pe riod November 15–March 31 of each year. The areas which will be posted are described as follows: (1) That part of Kings Bay, Crystal River, Citrus County, within T. 18 S., R. 17 E., Tal lahassee Meridian; located in SW1⁄4 frac tional section 28, more particularly de scribed as follows: Beginning at Corner 1 (N–1,653,459/E– 308,915) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay near the southwest corner of Lot 9 as accept ed on a plat by the Department of the Inte rior, General Land Office, dated January 10, 1928; thence easterly, along said shoreline, approximately 1240 feet to Corner 2 (N– 1,653,762/E/309,641) a point; thence S. 56°58′11″ W., across open water, 776.49 feet to Corner 3 (N–1,653,339/E–308,990) a point; thence N. 32°03′07″ W., across open water, 142.26 feet to the point of beginning, containing 3.41 acres, more or less, to be known as the Banana Is land Sanctuary. VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 208 50 CFR Ch. I (10–1–23 Edition) § 17.108 (2) That part of Kings Bay, Crystal River, Citrus County, Florida, within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW1⁄4 fractional section 28, more particularly de scribed as follows: Beginning at Corner 1 (N–1,652,684/E– 309,396) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay, said point being the northwest corner of Lot 31 Sunset Shores Addition to Woodward Park (Plat Book 2, page 140 Citrus County Prop erty Appraiser’s Office); thence N. 35°05′33″ W., across open water, 439.10 feet to Corner 2 (N–1,653,043/E–309,144) a point; thence N. 67°23′28″ E., across open water, 873.45 feet to Corner 3, a point on the shoreline of Kings Bay said point also being a corner in the northerly boundary line of Lot 21 in said sub division; thence southwesterly along said shoreline and the northerly boundary of Lots 21–31, including a canal, approximately 920 feet to the point of beginning, containing 5.62 acres, more or less, to be known as the Sunset Shores Sanctuary. (3) A tract of submerged land, lying in Sec tions 21 and 28, Township 18 South, Range 17 East in Citrus County, Florida, more par ticularly described as follows: All of the sub merged land lying within the mean high water line of a canal bordering the western, northern, and eastern sides of Paradise Isle Subdivision, as recorded in Plat Book 3, Page 88 of the Public Records of Citrus County, Florida; bounded at the western exit by a line drawn between the southwestern corner of Lot 7 of said Paradise Isle Subdivision and the southeastern corner of Lot 22 of Springs O’Paradise Subdivision, Unit No. 3, as re corded in Plat Book 3, Page 70 of said Public Records; and bounded at the eastern exit by an easterly extension of the south boundary of said Paradise Isle Subdivision; Containing 3.4 acres, more or less, to be known as the Magnolia Springs Manatee Sanctuary. (4) A tract of submerged land, lying in Sec tions 28 and 29, Township 18 South, Range 17 East in Citrus County, Florida, more par ticularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 06°01′23″ W for 4466.90 feet to a 10-inch diameter concrete monument marking the Point of Beginning; Then go N 10°05′38″ W for 477.32 feet to a 10 inch diameter concrete monument with an attached buoy; Then go N 37°34′41″ E for 651.07 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 73°26′46″ E for 634.10 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 17°50′16″ E for 1691.53 feet to a 10 inch diameter concrete monument with an attached buoy; Then go S 71°48′58″ W for 117.87 feet to a 10-inch diameter concrete monument with an attached buoy; Then con tinue S 71°48′58″ W for 5 feet more or less to the mean high water line of Buzzard Island; Then follow said mean high water line north erly and westerly to a point lying S 10°05′38″ E of the point of beginning; Then go N 10°05′38″ W for 5 feet more or less to the point of beginning; Containing 18.0 acres, more or less, to be known as the Buzzard Island Man atee Sanctuary. (5) A tract of submerged land, lying in Sec tion 28, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 28°55′06″ E for 2546.59 feet to a 4-inch diameter iron pipe marking the Point of Beginning; Then go N 44°23′41″ W for 282.45 feet to a 10-inch diameter concrete monument with an attached buoy; Then go N 33°53′16″ E for 764.07 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 31°51′55″ E for 333.22 feet to a 4 inch diameter iron pipe; Then continue S 31°51′55″ E for 5 feet more or less to the mean high water line of Banana Island; Then go westerly along said main high water line to a point lying S 44°23′41″ E from the point of beginning; Then go N 44°23′41″ W for 5 feet more or less to the point of beginning; Con taining 4.6 acres, more or less, to be known as the Tarpon Springs Manatee Sanctuary. (6) A tract of submerged land, lying in Sec tion 28, Township 18 South, Range 17 East in Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28; Then go N 06°43′00″ E for 1477.54 feet to a 10-inch diameter concrete monu ment marking the Point of Beginning; Then go N 06°24′59″ W for 251.66 feet to a 10-inch di ameter concrete monument with an attached buoy; Then go N 65°41′12″ E for 637.83 feet to a 10-inch diameter concrete monument with an attached buoy; Then go S 55°40′52″ E for 272.86 feet to a 10-inch diameter concrete monument; Then continue S 65°15′06″ W for 857.22 feet to the point of beginning; Con taining 4.0 acres, more or less, to be known as the Warden Key Manatee Sanctuary. (7) A tract of submerged land, lying in Sec tion 28, Township 18 South, Range 17 East, Tallahassee Meridian, Citrus County, Flor ida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 28 (N– 1651797.56 E–463846.96) Florida Coordinate System, West Zone, NAD 1983, N.G.S. adjust ment of 1990 (expressed in U.S. survey feet); thence N. 40°08′47″ E., 5551.65 feet (5551.57 feet grid distance) to an aluminum monument stamped ‘‘PSM 3341 1998’’ (N1656009.01 E 467449.35) marking the Point of Beginning; thence N. 77°06′49″ E., 71.84 feet to an alu minum monument stamped ‘‘PSM3341 1998’’ (N–1656025.04, N–467519.38); thence S. 04°37′09″ W., 29.88 feet to an aluminum monument stamped ‘‘PSM 3341 1998’’ (N–1655995.26 E– 467516.98); thence N. 78°29′57″ W., 69.01 feet to the point of beginning; to be known as the Three Sisters Spring Sanctuary. VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 209 U.S. Fish and Wildlife Serv., Interior ยง 17.108 NOTE: Map for paragraphs (a)(1) through (a)(7) follows: (8) That part of the Homosassa River, Homosassa, Citrus County, Florida, within Section 28, Township 19 South, Range 17 East, described as the headwaters of the Homosassa River (adjacent to the Homosassa Springs State Wildlife Park), including the spring run at the point where the run enters the northeast fork of the river along the southeastern shore and an area opposite this site along the southern shoreline; containing approximately 0.67 ha (1.66 acres). Map fol lows (see Blue Waters Manatee Sanctuary): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 16 O C 98 .0 00 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 210 50 CFR Ch. I (10–1–23 Edition) § 17.108 (9) That part of Tampa Bay, St. Peters burg, Pinellas County, Florida, within Sec tions 16 and 21, Township 30 South, Range 17 East, described as the warm-water outflow of the Bartow Electric Generating Plant lo cated on the northern shore of Weedon Is land, encircling that point where the dis charge enters receiving waters along the western shore of Old Tampa Bay; to be known as the Bartow Electric Generating Plant Manatee Sanctuary, containing ap proximately 12.07 ha (29.82 acres). Map fol lows (see Bartow Electric Generating Plant Manatee Sanctuary): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 20 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 211 U.S. Fish and Wildlife Serv., Interior ยง 17.108 (10) That part of Tampa Bay, Tampa, Hillsborough County, Florida, within Sec tions 10 and 15, Township 31 South, Range 19 East, described as the waters in and around the warm-water outflow of the Tampa Elec tric Company Big Bend Electric Generating Station located west of Jackson Branch and including the Big Bend area of eastern Tampa Bay, to be known as the Tampa Elec tric Company Big Bend Manatee Sanctuary, containing approximately 12.08 ha (29.85 acres). Map follows (See TECO Big Bend Manatee Sanctuary): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 21 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 212 50 CFR Ch. I (10–1–23 Edition) § 17.108 (11) That part of Tampa Bay, Tampa, Hillsborough County, Florida, lying within Section 4, Township 30 South, Range 19 East, described as the warm-water outflow of the Tampa Electric Company Gannon Electric Generating Station, to be known as the Port Sutton Manatee Sanctuary, containing ap proximately 1.1 ha (2.7 acres). Map follows (see Port Sutton Manatee Sanctuary): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 22 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 213 U.S. Fish and Wildlife Serv., Interior § 17.108 (b) Exceptions. (1) Adjoining property owners, their guests, employees, and their designees (including but not lim ited to contractors and lessees) may engage in watercraft access and prop erty maintenance activities through manatee sanctuaries (set forth in para graphs (a)(1) through (a)(11) of this sec tion) and designated ‘‘no-entry areas’’ in the Kings Bay Manatee Refuge (set forth in paragraph (c)(14) of this sec tion). Use of sanctuary and no-entry area waters is restricted to authorized individuals accessing adjoining prop erties, storing watercraft, and main taining property and waterways. Main tenance activities include those ac tions necessary to maintain property and waterways, subject to any Federal, State, and local government permit ting requirements. (2) Authorized individuals must ob tain a sticker or letter of authorization from the U.S. Fish and Wildlife Service identifying them as individuals author ized to enter no-entry areas that adjoin their property. Stickers must be placed in a conspicuous location to readily identify authorized watercraft. Individ uals with a letter of authorization must have a valid letter in their pos session when accessing no-entry areas. (3) Authorized individuals must con duct any authorized boating activity within these areas at idle or no-wake speeds. (c) Manatee refuges. The following areas are designated as manatee ref uges. For each manatee refuge, we will state on appropriate signs which, if any, waterborne activities are prohib ited, and state the applicable restric tions, if any, on permitted waterborne activities. The areas that will be post ed are described as follows: (1) The Barge Canal Manatee Refuge. (i) The Barge Canal Manatee Refuge is described as all waters lying within the VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 23 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 214 50 CFR Ch. I (10–1–23 Edition) § 17.108 banks of the Barge Canal, Brevard County, Florida, including all waters lying within the marked channel in the Banana River that lie between the east entrance of the Barge Canal and the Canaveral Locks; containing approxi mately 276.3 ha (682.7 acres). (ii) Watercraft are required to pro ceed at slow speed (channel included) all year. The use of watercraft at speeds greater than slow speed is pro hibited throughout the Barge Canal Manatee Refuge. (iii) Map of the Barge Canal Manatee Refuge follows: (2) The Sykes Creek Manatee Refuge. (i) The Sykes Creek Manatee Refuge is de scribed as all waters, including the marked channel in Sykes Creek, Brevard County, Florida. In particular, the portion of Sykes Creek southerly of the southern boundary of that portion of the creek commonly known as the ‘‘S’’ curve (said boundary being a line bearing east from a point on the west ern shoreline of Sykes Creek at approx imate latitude 28 degrees 23′24″ N, ap proximate longitude 80 degrees 41′27″ W) and northerly of the Sykes Creek Parkway; containing approximately 342.3 ha (845.8 acres). (ii) Watercraft are required to pro ceed at slow speed (channel included) all year. The use of watercraft at speeds greater than slow speed is pro hibited throughout the Sykes Creek Manatee Refuge. (iii) Map of the Sykes Creek Manatee Refuge follows: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 24 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 215 U.S. Fish and Wildlife Serv., Interior § 17.108 (3) The Tampa Electric Company’s Big Bend Manatee Refuge. (i) The Tampa Electric Company’s Big Bend Manatee Refuge is described as the entrance channel and those waters south of the manatee sanctuary at the Tampa Elec tric Company’s Big Bend Electric Gen erating Station within Hillsborough County, Florida; containing approxi mately 89.35 ha (220.79 acres). (ii) Watercraft are required to oper ate at idle speed from November 15 through March 31. Watercraft are pro hibited from operating at speeds great er than idle speed from November 15 through March 31, inclusive. (iii) Map of the Tampa Electric Com pany’s Big Bend Manatee Refuge fol lows (see TECO Big Bend Manatee Ref uge): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 25 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 216 50 CFR Ch. I (10–1–23 Edition) § 17.108 (4) The Port Sutton Manatee Refuge. (i) The Port Sutton Manatee Refuge is de scribed as those waters surrounding the Port Sutton Manatee Sanctuary, including all waters within Port Sut ton, Hillsborough County, Florida; con taining approximately 39.2 ha (96.9 acres). (ii) Watercraft are required to oper ate at idle speed from November 15 through March 31, inclusive. Watercraft are prohibited from oper ating at speeds greater than idle speed from November 15 through March 31, inclusive. (iii) Map of Port Sutton Manatee Ref uge follows (see Port Sutton Manatee Refuge): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 26 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 217 U.S. Fish and Wildlife Serv., Interior ยง 17.108 (iv) Map showing the relative loca tions of the Bartow, TECO Big Bend, and Port Sutton areas of Tampa Bay follows (see Tampa Bay Manatee Sanc tuaries and Refuges): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 27 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 218 50 CFR Ch. I (10–1–23 Edition) § 17.108 (5) The Little Sarasota Bay Manatee Refuge. (i) The Little Sarasota Bay Manatee Refuge is described as those waters lying southerly of a line that bears north 90 degrees 00′00″ E (true) and runs through the southerly tip of the first unnamed island south of Red Intracoastal Waterway Channel Mark er ‘‘40’’ (latitude 27 degrees 10′07″ N, longitude 82 degrees 30′05″ W) and those waters lying northerly of the Black burn Point Bridge, Sarasota County, Florida; containing approximately 214.2 ha (529.40 acres). (ii) Watercraft are required to pro ceed at slow speed, 40 kilometers per hour (25 miles per hour) within the channel, year-round. Watercraft are prohibited from operating in excess of slow speed outside of the channel and operating at speeds in excess of 40 kilo meters per hour (25 miles per hour) within the channel, year-round. (iii) Map of the Little Sarasota Bay Manatee Refuge follows (see Little Sarasota Bay Manatee Refuge): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 28 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 219 U.S. Fish and Wildlife Serv., Interior § 17.108 (6) The Lemon Bay Manatee Refuge. (i) The Lemon Bay Manatee Refuge is de scribed as those waters of Lemon Bay lying south of the Sarasota/Charlotte County, Florida, boundary and north of a line north 60 degrees 14′00″ E (true) parallel with a series of small islands approximately 1.6 kilometer (1 mile) south of the Bay Road Bridge; con taining approximately 383.61 ha (948.06 acres). (ii) Watercraft are required to pro ceed at slow speed, 40 kilometers per hour (25 miles per hour) within the channel, year-round. Watercraft are prohibited from operating in excess of slow speed outside of the channel and operating at speeds in excess of 40 kilo meters per hour (25 miles per hour) within the channel, year-round. (iii) Map of the Lemon Bay Manatee Refuge follows (see Lemon Bay Man atee Refuge): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 30 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 220 50 CFR Ch. I (10–1–23 Edition) § 17.108 (7) The Peace River Manatee Refuge. (i) The Peace River Manatee Refuge is de scribed as all waters of the Peace River and certain associated water bodies north and east of the U.S. Highway 41, Charlotte and De Soto Counties, Flor ida; containing approximately 1.698.11 ha (4,196.11 acres). (ii) In the Peace River in Charlotte County, watercraft are required to travel at slow speed within a posted shoreline buffer between the US High way 41 and I–75 bridges. The buffer is approximately 300 meters (1,000 feet) from shore except in a slightly larger area north and west of I–75 to be con sistent with recently adopted Florida Fish and Wildlife Conservation Com mission’s regulations. Watercraft are allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) year-round outside the buffer. Watercraft are prohibited from trav eling in excess of slow speed within the posted shoreline buffer between the U.S. Highway 41 and I–75 bridges and are further prohibited from operating in excess of 40 kilometers per hour (25 miles per hour) outside the buffer throughout the year. (iii) In the Peace River within Char lotte County and upstream of I–75 to red channel marker ‘‘14,’’ watercraft are required to travel at slow speed outside of the marked navigation chan nel. Watercraft are allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) year-round in side the marked navigation channel. Watercraft are prohibited from trav eling in excess of slow speed in areas outside of the navigation channel and are further prohibited from traveling in excess of 40 kilometers per hour (25 miles per hour) inside the marked navi gation channel, year-round. (iv) In the waters of the Peace River in Charlotte and De Soto Counties up stream of red channel marker ‘‘14,’’ watercraft are allowed to travel at a VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 31 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 221 U.S. Fish and Wildlife Serv., Interior § 17.108 maximum speed of 40 kilometers per hour (25 miles per hour) year-round. Watercraft are prohibited from trav eling in excess of 40 kilometers per hour (25 miles per hour), year-round, in this area. (v) Within the waters of Jim Long Lake and Hunter Creek in Charlotte and De Soto Counties, watercraft are required to travel at slow speed year round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round. (vi) Within the waters of Deep Creek in Charlotte and De Soto Counties, watercraft are required to travel at slow speed year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round. (vii) Within the waters of Shell Creek in Charlotte County, watercraft are re quired to travel at slow speed year round with the following exception. Should a U.S. Coast Guard or State of Florida approved marked navigation channel be established in that portion of Shell Creek approximately 1.6 kilo meters (1 mile) downstream of the Sea board Railroad trestles, watercraft will be allowed to travel at a maximum speed of 40 kilometers per hour (25 miles per hour) in this section of Shell Creek upon posting by the Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission. Watercraft are prohibited from trav eling in excess of slow speed in this area, year-round. (viii) Map of the Peace River Man atee Refuge follows (see Peace River Manatee Refuge): (8) The Shell Island Manatee Refuge. (i) The Shell Island Manatee Refuge is de scribed as all waters within the marked Intracoastal Waterway channel be tween Green Marker ‘‘99’’ (approximate VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 32 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 222 50 CFR Ch. I (10–1–23 Edition) § 17.108 latitude 26 degrees 31′00″ N, approxi mate longitude 82 degrees 00′52″ W) and Green Marker ‘‘93’’ (approximate lati tude 26 degrees 31′37″ N, approximate longitude 81 degrees 59′46″ W), Lee County, Florida; containing approxi mately 32.6 ha (80.5 acres). (ii) Watercraft are required to pro ceed at slow speed (channel included) year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round. (iii) Map of the Shell Island Manatee Refuge follows (see Shell Island Man atee Refuge): (9) The Haulover Canal Manatee Ref uge. (i) The Haulover Canal Manatee Refuge is described as all waters lying within Haulover Canal in Brevard County, Florida; containing approxi mately 8.95 ha (22.11 acres). (ii) Watercraft are required to pro ceed at slow speed (channel included) year-round. Watercraft are prohibited from traveling in excess of slow speed in this area, year-round. (iii) Map of the Haulover Canal Man atee Refuge follows (see Haulover Canal Manatee Refuge): VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 33 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 223 U.S. Fish and Wildlife Serv., Interior § 17.108 (10) The Caloosahatchee River—San Carlos Bay Manatee Refuge. (i) The Caloosahatchee River—San Carlos Bay Manatee Refuge is described as all waters of the Caloosahatchee River and San Carlos Bay downstream of the Sea board Coastline trestle at Beautiful Is land to Channel Marker ‘‘93’’ and from Channel Marker ‘‘99’’ to the Sanibel Causeway, in Lee County. A map show ing the refuge and four maps showing specific areas in the refuge are at para graph (10)(x) of this section. (ii) From the Seaboard Coastline Railroad trestle at Beautiful Island, downstream to Channel Marker ‘‘25’’, a distance of approximately 1.6 kilo meters (1 mile), watercraft are required to proceed at slow speed in the marked navigation channel from November 15 to March 31 and at not more than 40 kilometers per hour (km/h) (25 miles per hour) in the channel from April 1 to November 14. See map of ‘‘Edison Bridge Area’’ in paragraph (10)(x) of this section. (iii) From a point 152 meters (500 feet) east of the Edison Bridge down stream to a point 152 meters (500 feet) west of the Caloosahatchee Bridge, ap proximately 1.1 kilometers (0.7 mile) in length, shoreline-to-shoreline (includ ing the marked navigation channel), watercraft are required to proceed at slow speed (channel included), year round. See map of ‘‘Edison Bridge Area’’ in paragraph (10)(x) of this sec tion. (iv) From a point 152 meters (500 feet) west of the Caloosahatchee Bridge downstream to a point 152 meters (500 feet) northeast of the Cape Coral Bridge, a distance of approximately 10.9 kilometers (6.8 miles), watercraft are required to proceed year-round at slow speed, while traveling within shoreline buffers extending out from the shore to a minimum distance of ap proximately 402 meters (1,320 feet), as VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 08 N O 02 .0 34 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 224 50 CFR Ch. I (10–1–23 Edition) § 17.108 marked. Watercraft, with the exception of seaplanes, are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (including the marked navigation channel where not more re strictively designated). See map of ‘‘Cape Coral Bridge Area’’ in paragraph (10)(x) of this section. (v) From a point 152 meters (500 feet) northeast of the Cape Coral Bridge downstream to a point 152 meters (500 feet) southwest of the Cape Coral Bridge, a distance of approximately 0.4 kilometer (0.25 mile), shoreline-to shoreline (excluding the marked navi gation channel), watercraft are re quired to proceed at slow speed, year round. In the marked navigation chan nel, watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year. See map of ‘‘Cape Coral Bridge Area’’ in paragraph (10)(x) of this section. (vi) From a point 152 meters (500 feet) southwest of the Cape Coral Bridge to Channel Marker ‘‘72,’’ a distance of ap proximately 1.9 kilometers (1.2 miles), watercraft are required to proceed year-round at slow speed, while trav eling within shoreline buffers extend ing out from the shore to a minimum distance of approximately 402 meters (1,320 feet), as marked. Watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (includ ing the marked navigation channel where not more restrictively des ignated). See map of ‘‘Redfish Point Area’’ in paragraph (10)(x) of this sec tion. (vii) From Channel Marker ‘‘72’’ to Channel Marker ‘‘76’’ (in the vicinity of Redfish Point), for a distance of ap proximately 1.8 kilometers (1.1 miles) in length, shoreline-to-shoreline (in cluding the marked navigation chan nel), watercraft are required to proceed at slow speed, year-round. See map of ‘‘Redfish Point Area’’ in paragraph (10)(x) of this section. (viii) From Channel Marker ‘‘76’’ to Channel Marker ‘‘93,’’ a distance of ap proximately 5.2 kilometers (3.2 miles) in length, watercraft are required to proceed year-round at slow speed, while traveling within shoreline buffers ex tending out from the shore to a min imum distance of approximately 402 meters (1,320 feet), as marked. Watercraft are required to proceed at not more than 40 km/h (25 miles per hour) throughout the year between these buffers (including the marked navigation channel where not more re strictively designated). See map of ‘‘Redfish Point Area’’ in paragraph (10)(x) of this section. (ix) Except as described below and as marked, from Channel Marker ‘‘99’’ to the Sanibel Causeway, watercraft are required to proceed at slow speed year round in San Carlos Bay within the fol lowing limits: A northern boundary de scribed by the southern edge of the marked navigation channel, a line ap proximately 2.9 kilometers (1.8 miles) in length; a southern boundary de scribed by the Sanibel Causeway (ap proximately 1.9 kilometers (1.2 miles) in length); a western boundary de scribed by a line that connects the western end of the easternmost Sanibel Causeway island and extending north west to Channel Marker ‘‘7’’ (approxi mately 2.9 kilometers (1.8 miles) in length); and the eastern boundary in cludes the western limit of the State designated manatee protection area (68C–22.005) near Punta Rassa (approxi mately 2.9 kilometers (1.8 miles) in length). However this area excludes the marked navigation channel from Chan nel Marker ‘‘99’’ to the Sanibel Cause way and adjacent waters, as marked. See map of ‘‘San Carlos Bay’’ in para graph (10)(x) of this section. (x) Five maps of the Caloosahatchee River—San Carlos Bay Manatee Refuge follow: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 225 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00235 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 58 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 226 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00236 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 59 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 227 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00237 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 60 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 228 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00238 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 61 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 229 U.S. Fish and Wildlife Serv., Interior § 17.108 (11) The Lower St. Johns River Manatee Refuge. (i) The Lower St. Johns River Manatee Refuge is described as por tions of the St. Johns River and adja cent waters in Duval, Clay, and St. Johns Counties from Sandfly Point (the intersection of the right descend ing bank of the Trout River and the left descending bank of the St. Johns River) and Reddie Point, as marked, upstream to the mouth of Peter’s Branch, including Doctors Lake, in Clay County on the western shore, and to the southern shore of the mouth of Julington Creek in St. Johns County on the eastern shore. A map showing the refuge and two maps showing spe cific areas of the refuge are at para graph (11)(vi) of this section. (ii) In the St. Johns River from Sandfly Point on the left descending bank of the St. Johns River and Reddie VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 62 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 230 50 CFR Ch. I (10–1–23 Edition) § 17.108 Point on the right descending bank of the St. Johns River, upstream to the Hart Bridge, a distance of approxi mately 5.5 miles (8.8 km), watercraft are required to proceed at slow speed, year-round, within 300 feet (91 m) of the shoreline on the left descending bank of the St. Johns River and within a buffer as marked, typically about 1,000 feet (305 m) from the shoreline along the right descending bank of the river. The slow speed designation also in cludes that portion of the river be tween Exchange Island and the right descending bank, a marked buffer ap proximately 300 feet (91 m) along the west (channel-ward) shoreline of Ex change Island, and a portion of the Ar lington River as marked. Watercraft are also required to proceed at not more than 25 miles per hour (40 km/h), year round, in the area posted as such between these slow speed shoreline buffers. See map of ‘‘St. Johns River Bridges Area’’ in paragraph (11)(vi) of this section. (iii) From the Hart Bridge to the Main Street Bridge, a distance of ap proximately 2 miles (3.2 km), watercraft are required to proceed at slow speed, year-round, outside the marked navigation channel and at speeds of not more than 25 miles per hour (40 km/h) in the marked channel (from Channel Marker ‘‘81’’ to the Main Street Bridge, the channel is defined as the line of sight extending west from Channel Markers ‘‘81’’ and ‘‘82’’ to the fenders of the Main Street Bridge). See map of ‘‘St. Johns River Bridges Area’’ in paragraph (11)(vi) of this section. (iv) From the Main Street Bridge to the Fuller Warren Bridge, a distance of approximately 1 mile (1.6 km), shore line to shoreline, watercraft are re quired to proceed at slow speed (chan nel included), year-round. See map of ‘‘St. Johns River Bridges Area’’ in paragraph (11)(vi) of this section. (v) Upstream of the Fuller Warren Bridge: for a distance of approximately 19.3 miles (31.1 km) along the left de scending bank of the St. Johns River, watercraft are required to proceed at slow speed, year-round, in a 700-foot (213 m) to 1,000-foot (305 m) as-marked, shoreline buffer from the Fuller War ren Bridge to the south bank of the mouth of Peter’s Branch in Clay Coun ty; for a distance of approximately 20.2 miles (32.5 km) along the right de scending bank of the St. Johns River, watercraft are required to proceed at slow speed, year round, in a 700-foot (213 m) to 1,000-foot (305 m) as marked, shoreline buffer from the Fuller War ren Bridge to the south bank of the mouth of Julington Creek in St. Johns County (defined as a line north of a western extension of the Nature’s Ham mock Road North); and in Doctors Lake in Clay County watercraft are re quired to proceed at slow speed, year round, in a 700-foot (213 m) to 900-foot (274 m) as-marked, shoreline buffer (ap proximately 12.9 miles (20.8 km)). See map of ‘‘Lower St. Johns River’’ in paragraph (11)(vi) of this section. (vi) Three maps of the Lower St. Johns River Manatee Refuge follow: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 231 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00241 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 63 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 232 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00242 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 28 A P 05 .0 00 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 233 U.S. Fish and Wildlife Serv., Interior § 17.108 (12) The Halifax and Tomoka Rivers Manatee Refuge. (i) The Halifax and Tomoka Rivers Manatee Refuge is de scribed as the Halifax River and associ ated waterbodies in Volusia County, from the Volusia County—Flagler County line to New Smyrna Beach. A map showing the refuge and eight maps showing specific areas in the refuge are at paragraph (12)(xii) of this section. (ii) From the Volusia County— Flagler County line at Halifax Creek south to Channel Marker ‘‘9,’’ a dis tance of approximately 11.3 kilometers VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 65 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 234 50 CFR Ch. I (10–1–23 Edition) § 17.108 (7.0 miles) in length, watercraft are re quired to proceed at not more than 40 km/h (km/h)(25 miles per hour) in the channel. See maps of ‘‘Halifax Creek’’ and ‘‘Tomoka River Basin’’ in para graph (12)(xii) of this section. (iii) From Channel Marker ‘‘9’’ to a point 152 meters (500 feet) north of the Granada Bridge (State Road 40) (in cluding the Tomoka Basin), a distance of approximately 5.0 km (3.1 miles) in length, watercraft are required to pro ceed at not more than 40 km/h (25 mph) in areas between the existing 91-meter (300-foot) buffers (and including the marked navigation channel). See maps of ‘‘Tomoka River Basin’’ and ‘‘Tomoka River’’ in paragraph (12)(xii) of this section. (iv) In the Tomoka River, from the I– 95 Bridge to Alligator Island, as marked, a distance of approximately 1.6 kilometers (1 mile), watercraft are required to proceed at slow speed, shoreline to shoreline, from April 1 to August 31. See map of ‘‘Tomoka River’’ in paragraph (12)(xii) of this section. (v) From 152 meters (500 feet) north to 305 meters (1,000 feet) south of the Granada Bridge (State Road 40), a dis tance of approximately 0.5 kilometers (0.3 miles) in length, watercraft are re quired to proceed at slow speed, year round, shoreline to shoreline. See map of ‘‘Halifax River A’’ in paragraph (12)(xii) of this section. (vi) From a point 305 meters (1,000 feet) south of the Granada Bridge (State Road 40) to a point 152 meters (500 feet) north of the Seabreeze Bridge, a distance of approximately 6.4 km (4.0 miles) in length, watercraft are re quired to proceed at not more than 40 km/h (25 mph) in areas between the ex isting 91-meter (300-foot) buffers (and including the marked navigation chan nel). See map of ‘‘Halifax River A’’ in paragraph (12)(xii) of this section. (vii) As marked, from 152 meters (500 feet) north of the Seabreeze Bridge, to 152 meters (500 feet) north of the Main Street bridge, a distance of approxi mately 1 kilometer (1 mile) in length, watercraft are required to proceed at slow speed (channel included), year round. See map of ‘‘Halifax River B’’ in paragraph (12)(xii) of this section. (viii) From Channel Marker ‘‘40’’ to a point a minimum of 152 meters (500 feet) north, as marked, of the Dunlawton Bridge, a distance of ap proximately 14.5 kilometers (9 miles) in length, watercraft are required to pro ceed at not more than 40 km/h (25 mph) in areas between the existing 91-meter (300-foot) buffers (and including the marked navigation channel). See map of ‘‘Halifax River B’’ in paragraph (12)(xii) of this section. (ix) As marked, a minimum of 152 meters (500 feet) north to 152 meters (500 feet) south of the Dunlawton Bridge, a distance of approximately 0.3 kilometers (0.2 miles) in length, watercraft are required to proceed at slow speed (channel included), year round, shoreline to shoreline; and adja cent to the western shoreline of the Halifax River north of the Dunlawton Bridge for a distance of approximately 640 meters (2,100 feet), and a minimum of 91 meters (300 feet) from shore, as marked, watercraft are required to pro ceed at slow speed, year-round. See map of ‘‘Halifax River B’’ in paragraph (12)(xii) of this section. (x) As marked, from a minimum of 152 meters (500 feet) south of the Dunlawton Bridge to Redland Canal, a distance of approximately 10.5 kilo meters (6.5 miles) in length, watercraft are required to proceed at not more than 40 km/h (25 mph) in waters not more restrictively designated; along the western shore of the Halifax River, a distance of approximately 3.1 km (1.95 miles), watercraft are required to proceed at not more than 40 km/h (25 mph) in the waters not more restric tively designated; in Rose Bay, a dis tance of approximately 2.7 km (1.7 miles), watercraft are required to pro ceed at not more than 40 km/h (25 mph) in waters not more restrictively des ignated; in Turnbull Bay, a distance of approximately 3.9 km (2.4 miles), watercraft are required to proceed at not more than 40 km/h (25 mph) in waters not more restrictively des ignated. See maps of ‘‘Ponce Inlet Area A,’’ ‘‘Ponce Inlet Area B,’’ and ‘‘Ponce Inlet Area C’’ in paragraph (12)(xii) of this section. (xi) As marked, in the Intracoastal Waterway and adjacent waters from Redland Canal to the A1A Bridge (New Smyrna Beach, for a distance of ap proximately 5.3 kilometers (3.3 miles) VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 235 U.S. Fish and Wildlife Serv., Interior § 17.108 in length, watercraft are required to proceed at slow speed (channel in cluded), year-round. See map of ‘‘Ponce Inlet Area B’’ in paragraph (12)(xii) of this section. (xii) Nine maps of the Halifax and Tomoka Rivers Manatee Refuge follow: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00245 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 66 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 236 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00246 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 67 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 237 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00247 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 68 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 238 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00248 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 69 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 239 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00249 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 70 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 240 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00250 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 71 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 241 U.S. Fish and Wildlife Serv., Interior ยง 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00251 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 72 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 242 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00252 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 73 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 243 U.S. Fish and Wildlife Serv., Interior § 17.108 (13) The Pine Island-Estero Bay Man atee Refuge. (i) Watercraft are required to proceed at slow speed all year in all waters of Matlacha Pass, south of a line that bears 90° and 270° from Matlacha Pass Green Channel Marker 77 (approximate latitude 26°40′00″ North, approximate longitude 82°06′00″ West), and north of Pine Island Road (State Road 78), excluding: (A) The portion of the marked chan nel otherwise designated in paragraph (c)(13)(iii) of this section; (B) All waters of Buzzard Bay east and northeast of a line beginning at a point (approximate latitude 26°40′00″ North, approximate longitude 82°05′20″ West) on the southwest shoreline of an unnamed mangrove island east of Matlacha Pass Green Channel Marker VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 06 A U 03 .0 74 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 244 50 CFR Ch. I (10–1–23 Edition) § 17.108 77 and bearing 219° to the northeastern most point (approximate latitude 26°39′58″ North, approximate longitude 82°05′23″ West) of another unnamed mangrove island, then running along the eastern shoreline of said island to its southeasternmost point (approxi mate latitude 26°39′36″ North, approxi mate longitude 82°05′09″ West), then bearing 115° to the westernmost point (approximate latitude 26°39′34″ North, approximate longitude 82°05′05″ West) of the unnamed mangrove island to the southeast, then running along the western shoreline of said island to its southwesternmost point (approximate latitude 26°39′22″ North, approximate longitude 82°04′53″ West), then bearing 123° to the northwesternmost point (ap proximate latitude 26°39′21″ North, ap proximate longitude 82°04′52″ West) of an unnamed mangrove island, then running along the western shoreline of said island to its southeasternmost point (approximate latitude 26°39′09″ North, approximate longitude 82°04′44″ West), then bearing 103° to the north westernmost point (approximate lati tude 26°39′08″ North, approximate lon gitude 82°04′41″ West) of a peninsula on the unnamed mangrove island to the southeast, then running along the southwestern shoreline of said island to its southeasternmost point (approxi mate latitude 26°38′51″ North, approxi mate longitude 82°04′18″ West), then bearing 99° to the southernmost point (approximate latitude 26°38′50″ North, approximate longitude 82°04′03″ West) of the unnamed mangrove island to the east, then bearing 90° to the line’s ter minus at a point (approximate latitude 26°38′50″ North, approximate longitude 82°03′55″ West) on the eastern shoreline of Matlacha Pass; and (C) All waters of Pine Island Creek and Matlacha Pass north of Pine Island Road (State Road 78) and west and southwest of a line beginning at a point (approximate latitude 26°39′29″ North, approximate longitude 82°06′29″ West) on the western shoreline of Matlacha Pass and bearing 160° to the westernmost point (approximate lati tude 26°39′25″ North, approximate lon gitude 82°06′28″ West) of an unnamed is land, then running along the western shoreline of said island to its southern most point (approximate latitude 26°39′18″ North, approximate longitude 82°06′24″ West), then bearing 128° to the northernmost point (approximate lati tude 26°39′12″ North, approximate lon gitude 82°06′17″ West) of an unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southeasternmost point (approximate latitude 26°39′00″ North, approximate longitude 82°06′09″ West), then bearing 138° to a point (ap proximate latitude 26°38′45″ North, ap proximate longitude 82°05′53″ West) on the northern shoreline of Bear Key, then running along the northern shore line of Bear Key to its easternmost point (approximate latitude 26°38′44″ North, approximate longitude 82°05′46″ West), then bearing 85° to the western most point (approximate latitude 26°38′45″ North, approximate longitude 82°05′32″ West) of Deer Key, then run ning along the northern shoreline of Deer Key to its easternmost point (ap proximate latitude 26°38′46″ North, ap proximate longitude 82°05′22″ West), then bearing 103° to the northwestern most point (approximate latitude 26°38′45″ North, approximate longitude 82°05′17″ West) of the unnamed man grove island to the east, then running along the western shoreline of said is land to its southernmost point (approx imate latitude 26°38′30″ North, approxi mate longitude 82°05′04″ West), then bearing 106° to the westernmost point (approximate latitude 26°38′30″ North, approximate longitude 82°04′57″ West) of the unnamed island to the south east, then running along the northern and eastern shorelines of said island to a point (approximate latitude 26°38′23″ North, approximate longitude 82°04′51″ West) on its eastern shoreline, then bearing 113° to the northernmost point of West Island (approximate latitude 26°38′21″ North, approximate longitude 82°04′37″ West), then running along the western shoreline of West Island to the point where the line intersects Pine Is land Road (State Road 78). (ii) Watercraft are required to pro ceed at slow speed all year in all waters of Matlacha Pass, St. James Creek, and San Carlos Bay, south of Pine Island Road (State Road 78), north of a line 500 feet northwest of and parallel to the main marked channel of the Intra coastal Waterway, west of a line that VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 245 U.S. Fish and Wildlife Serv., Interior § 17.108 bears 302° from Intracoastal Waterway Green Channel Marker 99 (approximate latitude 26°31′00″ North, approximate longitude 82°00′52″ West), and east of a line that bears 360° from Intracoastal Waterway Red Channel Marker 10 (ap proximate latitude 26°29′16″ North, ap proximate longitude 82°03′35″ West), ex cluding: (A) The portions of the marked chan nels otherwise designated in para graphs (c)(15)(iv) and (v) of this section; (B) All waters of Matlacha Pass south of Pine Island Road (State Road 78) and west of the western shoreline of West Island and a line beginning at the southernmost point (approximate lati tude 26°37′25″ North, approximate lon gitude 82°04′17″ West) of West Island and bearing 149° to the northernmost point (approximate latitude 26°37′18″ North, approximate longitude 82°04′12″ West) of the unnamed mangrove island to the south, then running along the eastern shoreline of said island to its southernmost point (approximate lati tude 26°36′55″ North, approximate lon gitude 82°04′02″ West), then bearing 163° to the line’s terminus at a point (ap proximate latitude 26°36′44″ North, ap proximate longitude 82°03′58″ West) on the eastern shoreline of Little Pine Is land; (C) All waters of Matlacha Pass, Pon toon Bay, and associated embayments south of Pine Island Road (State Road 78) and east of a line beginning at a point (approximate latitude 26°38′12″ North, approximate longitude 82°03′46″ West) on the northwestern shoreline of the embayment on the east side of Matlacha Pass, immediately south of Pine Island Road and then running along the eastern shoreline of the unnamed island to the south to its southeasternmost point (approximate latitude 26°37′30″ North, approximate longitude 82°03′22″ West), then bearing 163° to the northwesternmost point of the unnamed island to the south, then running along the western shoreline of said island to its southernmost point (approximate latitude 26°37′15″ North, approximate longitude 82°03′15″ West), then bearing 186° to the line’s terminus at a point (approximate latitude 26°37′10″ North, approximate longitude 82°03′16″ West) on the eastern shoreline of Matlacha Pass; (D) All waters of Pine Island Creek south of Pine Island Road (State Road 78); and all waters of Matlacha Pass, Rock Creek, and the Mud Hole, west of a line beginning at a point (approxi mate latitude 26°33′52″ North, approxi mate longitude 82°04′53″ West) on the western shoreline of Matlacha Pass and bearing 22° to a point (approximate latitude 26°34′09″ North, approximate longitude 82°04′45″ West) on the south ern shoreline of the unnamed island to the northeast, then running along the southern and eastern shorelines of said island to a point (approximate latitude 26°34′15″ North, approximate longitude 82°04′39″ West) on its northeastern shoreline, then bearing 24° to a point (approximate latitude 26°34′21″ North, approximate longitude 82°04′36″ West) on the southern shoreline of the large unnamed island to the north, then run ning along the southern and eastern shorelines of said island to a point (ap proximate latitude 26°34′31″ North, ap proximate longitude 82°04′29″ West) on its eastern shoreline, then bearing 41° to the southernmost point (approxi mate latitude 26°34′39″ North, approxi mate longitude 82°04′22″ West) of an other unnamed island to the northeast, then running along the eastern shore line of said island to its northwestern most point (approximate latitude 26°35′22″ North, approximate longitude 82°04′07″ West), then bearing 2° to the southernmost point (approximate lati tude 26°35′32″ North, approximate lon gitude 82°04′07″ West) of the unnamed island to the north, then running along the eastern shoreline of said island to its northernmost point (approximate latitude 26°35′51″ North, approximate longitude 82°03′59″ West), then bearing 353° to the line’s terminus at a point (approximate latitude 26°36′08″ North, approximate longitude 82°04′01″ West) on the eastern shoreline of Little Pine Island; and (E) All waters of Punta Blanca Bay and Punta Blanca Creek, east of the eastern shoreline of Matlacha Pass and east and north of the eastern and northern shorelines of San Carlos Bay. (iii) Watercraft may not exceed 25 miles per hour, all year, in all waters within the main marked channel in Matlacha Pass south of Green Channel Marker 77 (approximate latitude VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 246 50 CFR Ch. I (10–1–23 Edition) § 17.108 26°40′00″ North, approximate longitude 82°06′00″ West) and north of a line per pendicular to the channel at a point in the channel 1⁄4 mile northwest of the Pine Island Road Bridge (State Road 78). (iv) Watercraft may not exceed 25 miles per hour, all year, in all waters within the main marked channel in Matlacha Pass south of a line perpen dicular to the channel at a point in the channel 1⁄4 mile southeast of the Pine Island Road Bridge (State Road 78), and north of a line 500 feet northwest of and parallel to the main marked chan nel of the Intracoastal Waterway (just north of Green Channel Marker 1). (v) Watercraft may not exceed 25 miles per hour, all year, in all waters within the marked channel in Matlacha Pass that intersects the main Matlacha Pass channel near Green Channel Marker 15 (approximate lati tude 26°31′57″ North, approximate lon gitude 82°03′38″ West) and intersects the main marked channel of the Intra coastal Waterway near Green Channel Marker 101 (approximate latitude 26°30′39″ North, approximate longitude 82°01′00″ West). (vi) Watercraft are required to pro ceed at slow speed from April 1 through November 15 in all canals and boat ba sins of St. James City and the waters known as Long Cut and Short Cut; and all waters of Pine Island Sound and San Carlos Bay south of a line begin ning at the southernmost tip (approxi mate latitude 26°31′28″ North, approxi mate longitude 82°06′19″ West) of a mangrove peninsula on the western shore of Pine Island approximately 2200 feet north of Galt Island and bearing 309° to the southeasternmost point (ap proximate latitude 26°31′32″ North, ap proximate longitude 82°06′25″ West) of another mangrove peninsula, then run ning along the southern shoreline of said peninsula to its southwesternmost point (approximate latitude 26°31′40″ North, approximate longitude 82°06′38″ West), then bearing 248° to a point (ap proximate latitude 26°31′40″ North, ap proximate longitude 82°06′39″ West) on the eastern shoreline of an unnamed mangrove island, then running along the southern shoreline of said island to its southwesternmost point (approxi mate latitude 26°31′39″ North, approxi mate longitude 82°06′44″ West), then bearing 206° to the line’s terminus at the northernmost point of the Mac Keever Keys (approximate latitude 26°31′09″ North, approximate longitude 82°07′09″ West), east of a line beginning at said northernmost point of the Mac Keever Keys and running along and be tween the general contour of the west ern shorelines of said keys to a point (approximate latitude 26°30′27″ North, approximate longitude 82°07′08″ West) on the southernmost of the Mac Keever Keys, then bearing 201° to a point (ap proximate latitude 26°30′01″ North, ap proximate longitude 82°07′19″ West) ap proximately 150 feet due east of the southeasternmost point of Chino Is land, then bearing approximately 162° to Red Intracoastal Waterway Channel Marker 22 (approximate latitude 26°28′57″ North, approximate longitude 82°06′55″ West), then bearing approxi mately 117° to the line’s terminus at Red Intracoastal Waterway Channel Marker 20 (approximate latitude 26°28′45″ North, approximate longitude 82°06′38″ West), north of a line begin ning at said Red Intracoastal Water way Channel Marker 20 and bearing 86° to a point (approximate latitude 26°28′50″ North, approximate longitude 82°05′48″ West) 1⁄4 mile south of York Is land, then running parallel to and 1⁄4 mile south of the general contour of the southern shorelines of York Island and Pine Island to the line’s terminus at a point on a line bearing 360° from Red Intracoastal Waterway Channel Marker 10 (approximate latitude 26°29′16″ North, approximate longitude 82°03′35″ West), and west and southwest of the general contour of the western and southern shorelines of Pine Island and a line that bears 360° from said Red Intracoastal Waterway Channel Mark er 10, excluding the portion of the marked channel otherwise designated in paragraph (c)(13)(vii) of this section. (vii) Watercraft may not exceed 25 miles per hour from April 1 through November 15 in all waters of the marked channel that runs north of the power lines from the Cherry Estates area of St. James City into Pine Island Sound, east of the western boundary of the zone designated in 17.108(c)(13)(vi), and west of a line perpendicular to the VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 247 U.S. Fish and Wildlife Serv., Interior § 17.108 power lines that begins at the eastern most point (approximate latitude 26°30′25″ North, approximate longitude 82°06′15″ West) of the mangrove island on the north side of the power lines ap proximately 1,800 feet southwest of the Galt Island Causeway. (viii) Watercraft are required to pro ceed at slow speed all year in all waters of San Carlos Bay and Punta Rassa Cove east of a line that bears 352° from the northernmost tip of the northern peninsula on Punta Rassa (approxi mate latitude 26°29′44″ North, approxi mate longitude 82°00′33″ West), and south of a line that bears 122° from In tracoastal Waterway Green Channel Marker 99 (approximate latitude 26°31′00″ North, approximate longitude 82°00′52″ West), including all waters of Shell Creek and associated waterways. (ix) Watercraft are required to pro ceed at slow speed all year in all waters of San Carlos Bay and the Caloosahatchee River, including the residential canals of Cape Coral, north east of a line that bears 302° and 122° from Intracoastal Waterway Green Channel Marker 99 (approximate lati tude 26°31′00″ North, approximate lon gitude 82°00′52″ West), west of a line that bears 346° from Intracoastal Wa terway Green Channel Marker 93 (ap proximate latitude 26°31′37″ North, ap proximate longitude 81°59′46″ West), and north and northwest of the general contour of the northwestern shoreline of Shell Point and a line that bears ap proximately 74° from the northernmost tip (approximate latitude 26°31′31″ North, approximate longitude 81°59′57″ West) of Shell Point to said Intra coastal Waterway Green Channel Marker 93, excluding the Intracoastal Waterway between markers 93 and 99 (which is already designated as a Fed eral manatee protection area, requiring watercraft to proceed at slow speed, and is not impacted by this rule). (x) Watercraft are required to pro ceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Hell Peckney Bay southeast of Hurricane Bay, northeast of the northern shorelines of Julies Is land and the unnamed island imme diately northwest of Julies Island and a line that bears 312° from the north westernmost point of Julies Island (ap proximate latitude 26°26′37″ North, ap proximate longitude 81°54′57″ West), northwest of Estero Bay, and south west of a line beginning at the south ernmost point (approximate latitude 26°27′23″ North, approximate longitude 81°55′11″ West) of an unnamed mangrove peninsula in northwest Hell Peckney Bay and bearing 191° to the northern most point (approximate latitude 26°27′19″ North, approximate longitude 81°55′11″ West) of an unnamed mangrove island, then running along the north ern shoreline of said island to its southeasternmost point (approximate latitude 26°27′11″ North, approximate longitude 81°55′05″ West), then bearing 115° to a point (approximate latitude 26°27′03″ North, approximate longitude 81°54′47″ West) on the northwest shore line of an unnamed mangrove island, then running along the northern shore line of said island to its northeastern most point (approximate latitude 26°27′02″ North, approximate longitude 81°54′33″ West), and then bearing 37° to the line’s terminus at the westernmost point of an unnamed mangrove penin sula in eastern Hell Peckney Bay. (xi) Watercraft are required to pro ceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Hendry Creek south of a line that bears 270° from a point (approximate latitude 26°28′40″ North, approximate longitude 81°52′56″ West) on the eastern shoreline of Hendry Creek; and all waters of Estero Bay southeast and east of Hell Peckney Bay, a line that bears 340° from a point (approximate latitude 26°25′56″ North, approximate longitude 81°54′25″ West) on the northern tip of an unnamed mangrove peninsula on the north eastern shoreline of Estero Island, and the northern shoreline of Estero Island, south of Hendry Creek and a line that bears 135° and 315° from Red Channel Marker 18 (approximate latitude 26°27′46″ North, approximate longitude 81°52′00″ West) in Mullock Creek, and north of a line that bears 72° from the northernmost point (approximate lati tude 26°24′22″ North, approximate lon gitude 81°52′34″ West) of Black Island, VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 248 50 CFR Ch. I (10–1–23 Edition) § 17.108 including the waters of Buccaneer La goon at the southern end of Estero Is land, but excluding: (A) The portions of the marked chan nels otherwise designated in paragraph (c)(13)(xiii) of this section; (B) The Estero River; and (C) To waters of Big Carlos Pass east of a line beginning at a point (approxi mate latitude 26°24′34″ North, approxi mate longitude 81°53′05″ West) on the eastern shoreline of Estero Island and bearing 36° to a point (approximate latitude 26°24′40″ North, approximate longitude 81°53′00″ West) on the south ern shoreline of Coon Key, south of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the eastern shoreline of Coon Key and bearing 106° to a point (approximate latitude 26°24′39″ North, approximate longitude 81°52′34″ West) on the southwestern shoreline of the unnamed mangrove is land north of Black Island, and west of a line beginning at a point (approxi mate latitude 26°24′36″ North, approxi mate longitude 81°52′30″ West) on the southern shoreline of said unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island. (xii) Watercraft are required to pro ceed at slow speed from April 1 through November 15 and at not more than 25 miles per hour the remainder of the year in all waters of Estero Bay and Big Hickory Bay south of a line that bears 72° from the northernmost point (approximate latitude 26°24′22″ North, approximate longitude 81°52′34″ West) of Black Island, east of the centerline of State Road 865 (but including the waters of the embayment on the east ern side of Black Island and the waters inshore of the mouth of Big Hickory Pass that are west of State Road 865), and north of a line that bears 90° from a point (approximate latitude 26°20′51″ North, approximate longitude 81°50′33″ West) on the eastern shoreline of Little Hickory Island, excluding Spring Creek and the portions of the marked chan nels otherwise designated under 17.108(c)(13)(xiii) and the portion of Hickory Bay designated in paragraph (c)(13)(xiii) of this section. (xiii) Watercraft may not exceed 25 miles per hour all year in: (A) All waters of Big Hickory Bay north of a line that bears 90° from a point (approximate latitude 26°20′51’’ North, approximate longitude 81°50′33″ West) on the eastern shoreline of Little Hickory Island, west of a line begin ning at a point (approximate latitude 26°20′48″ North, approximate longitude 81°50′24″ West) on the southern shore line of Big Hickory Bay and bearing 338° to a point (approximate latitude 26°21′39″ North, approximate longitude 81°50′48″ West) on the water in the northwestern end of Big Hickory Bay near the eastern end of Broadway Channel, south of a line beginning at said point on the water in the north western end of Big Hickory Bay and bearing 242° to the northernmost point (approximate latitude 26°21′39″ North, approximate longitude 81°50′50″ West) of the unnamed mangrove island south of Broadway Channel, and east of the eastern shoreline of said mangrove is land and a line beginning at the south ernmost point of said island (approxi mate latitude 26°21′07″ North, approxi mate longitude 81°50′58″ West) and bear ing 167° to a point on Little Hickory Is land (approximate latitude 26°21′03″ North, approximate longitude 81°50′57″ West); (B) All waters of the main marked North–South channel in northern Estero Bay from Green Channel Mark er 37 (approximate latitude 26°26′02 North, approximate longitude 81°54′29″ West) to Green Channel Marker 57 (ap proximate latitude 26°25′08″ North, ap proximate longitude 81°53′29″ West); (C) All waters of the main marked North-South channel in southern Estero Bay south of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the southern shoreline of the unnamed mangrove island north of Black Island and bearing 192° to the northernmost point (approximate lati tude 26°24′22″ North, approximate lon gitude 81°52′34″ West) of Black Island, and north and east of Red Channel Marker 62 (approximate latitude 26°21′31″ North, approximate longitude 81°51′20″ West) in Broadway Channel; (D) All waters within the portion of the marked channel leading to the Gulf VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 249 U.S. Fish and Wildlife Serv., Interior § 17.108 of Mexico through New Pass, west of the North-South channel and east of State Road 865; all waters of the marked channel leading to Mullock Creek north of a line beginning at a point (approximate latitude 26°24′36″ North, approximate longitude 81°52′30″ West) on the eastern shoreline of Coon Key and bearing 106° to a point (ap proximate latitude 26°24′39″ North, ap proximate longitude 81°52′34″ West) on the southwestern shoreline of the unnamed mangrove island north of Black Island, and south of Red Channel Marker 18 (approximate latitude 26°27′46″ North, approximate longitude 81°52′00″ West); (E) All waters of the marked channel leading from the Mullock Creek Chan nel to the Estero River, west of the mouth of the Estero River. (This des ignation only applies if a channel is marked in accordance with permits issued by all applicable State and fed eral authorities. In the absence of a properly permitted channel, this area is as designated under paragraph (c)(13)(xi) of this section); (F) All waters of the marked channel commonly known as Alternate Route Channel, with said channel generally running between Channel Marker 1 (ap proximate latitude 26°24′29″ North, ap proximate longitude 81°51′53″ West) and Channel Marker 10 (approximate lati tude 26°24′00″ North, approximate lon gitude 81°51′09″ West); (G) All waters of the marked channel commonly known as Coconut Channel, with said channel generally running between Channel Marker 1 (approxi mate latitude 26°23′44″ North, approxi mate longitude 81°50′55″ West) and Channel Marker 23 (approximate lati tude 26°24′00″ North, approximate lon gitude 81°50′30″ West); (H) All waters of the marked channel commonly known as Southern Passage Channel, with said channel generally running between Channel Marker 1 (ap proximate latitude 26°22′58″ North, ap proximate longitude 81°51′57″ West) and Channel Marker 22 (approximate lati tude 26°23′27″ North, approximate lon gitude 81°50′46″ West); and (I) All waters of the marked channel leading from the Southern Passage Channel to Spring Creek, west of the mouth of Spring Creek. (xiv) Maps of the Pine Island-Estero Bay Manatee Refuge follow: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 250 50 CFR Ch. I (10–1–23 Edition) § 17.108 VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00260 Fmt 8010 Sfmt 8006 Y:\SGML\259243.XXX 259243 E R 07 A P 05 .0 02 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 251 U.S. Fish and Wildlife Serv., Interior § 17.108 (14) The Kings Bay Manatee Refuge. A tract of submerged land that includes all waters of Kings Bay, including all tributaries and adjoining waterbodies, upstream of the confluence of Kings Bay and Crystal River, described by a line that bears North 53°00′00″ East (True) from the northeasternmost point of an island on the southwesterly shore of Crystal River (approximate VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 07 A P 05 .0 03 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 252 50 CFR Ch. I (10–1–23 Edition) § 17.108 latitude 28°53′32″ North, approximate longitude 82°36′23″ West) to the south westernmost point of a peninsula of Magnolia Shores (approximate latitude 28°53′38″ North, approximate longitude 82°36′16″ West). (i) Area covered. The Kings Bay Man atee Refuge encompasses existing man atee protection areas as described in paragraphs (a)(1) through (a)(7) of this section, and areas outside these sec tions as depicted on the map in para graph (c)(14)(ii) of this section. (ii) Particular areas. The following springs fall within the boundaries of the Kings Bay Manatee Refuge. A map showing the entire refuge, including these springs, follows: VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 253 U.S. Fish and Wildlife Serv., Interior ยง 17.108 (A) Three Sisters Springs. A tract of submerged land, lying in Section 28, Township 18 South, Range 17 East, Tal lahassee Meridian, Citrus County, Flor ida, more particularly described as fol lows: For a point of reference, com mence at the northwest corner of said VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243 E R 16 M R 12 .0 01 < /G P H > sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 254 50 CFR Ch. I (10–1–23 Edition) § 17.108 Section 28 in an east southeast direc tion to the canal that begins on the west side of Southeast Cutler Spur Boulevard and runs west-northwest to Kings Bay. The spring is north and east of the northern terminus of Southeast Paradise Avenue along the northern shore of said canal. Three Sisters Springs includes three main and nu merous smaller spring vents and a spring run that connects the vents to said canal in Crystal River, Citrus County, Florida. This area is not the same as set forth in paragraph (a)(7) of this section. This area is behind the sanctuary (north from the mouth of the channel) as set forth in paragraph (a)(7) of this section. (1) All waterborne activities in this specific area are prohibited from sun set to sunrise from November 15 through March 31 exclusive of the pro visions of paragraph (c)(14)(v) of this section. (2) Scuba diving and fishing (includ ing but not limited to fishing by hook and line, by cast net, and by spear) are also prohibited in this specific area from November 15 through March 31 ex clusive of the provisions of paragraph (c)(14)(v) of this section. (3) If the provisions of paragraph (c)(14)(vi) of this section are put in ef fect, all waterborne activities are pro hibited in this specific area for the du ration established under paragraph (c)(14)(vi) of this section. (B) House Spring. A tract of sub merged land, lying in Section 21, Town ship 18 South, Range 17 East, Tallahas see Meridian, Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 21 in an east-northeast direction to the northeasternmost corner of Hunter Spring Run. The spring is immediately west of and adjacent to Northeast 2nd Court in Crystal River, Citrus County, Florida. (C) Jurassic Spring. A tract of sub merged land, lying in Section 21, Town ship 18 South, Range 17 East, Tallahas see Meridian, Citrus County, Florida, more particularly described as follows: For a point of reference, commence at the southwest corner of said Section 21 in an east northeast direction to the eastern shore of Hunter Spring Run. The spring is immediately west of the western terminus of Bayshore Drive in Crystal River, Citrus County, Florida. (D) Idiot’s Delight Number 2 Spring. A tract of submerged land, lying in Sec tion 28, Township 18 South, Range 17 East, Tallahassee Meridian, Citrus County, Florida, more particularly de scribed as follows: For a point of ref erence, commence at the northwest corner of said Section 28 in an east southeast direction to the canal that begins on the west side of Southeast Cutler Spur Boulevard and runs west northwest to Kings Bay. The spring is north and east of the northern ter minus of Southeast Paradise Avenue along the northern shore of said canal just east of the southern terminus of the Three Sisters Springs run in Crys tal River, Citrus County, Florida. (iii) Speed and anchoring restrictions. (A) Throughout the entire year, watercraft speeds are restricted to slow speed throughout the manatee refuge with the following exceptions: (1) A posted area generally north of Buzzard Island, exclusive of shoreline slow-speed buffer zones, where watercraft may travel at speeds up to 25 miles per hour during daylight hours (sunrise to sunset) from June 1 through August 15; (2) Those areas where access is pre cluded (manatee sanctuaries, no-entry areas); or (3) Areas where more restrictive speed restrictions are in effect. (B) From June 1 through August 15, anchorage (other than emergency an chorage) of watercraft is prohibited in the posted high speed (25 miles per hour) area around Buzzard Island ref erenced in paragraph (c)(14)(iii)(A) of this section. (iv) Time and area prohibitions. When the provisions of paragraphs (c)(14)(v) or (vi) of this section are in effect (No vember 15 through March 31 and April 1 through November 14, respectively), all waterborne activities, including swimming, diving (including skin and scuba diving), snorkeling, water skiing, surfing, fishing (including with hook and line, by cast net, or spear), and the use of water vehicles (including but not limited to boats powered by engine, wind, or other means; ships powered by engine, wind, or other means; barges, VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 255 U.S. Fish and Wildlife Serv., Interior § 17.108 surfboards, personal watercraft, water skis, and any other devices or mecha nisms capable of locomotion on, across, or underneath the surface of the water) are prohibited in areas that are adja cent to and within specified distances from the existing manatee sanctuaries located in Kings Bay (defined in para graphs (a)(1) through (a)(7) of this sec tion) and the springs defined in para graph (c)(14)(ii) of this section: Three Sisters Springs, House Spring, Jurassic Spring, and Idiot’s Delight Number 2 Spring. (v) Expanded temporary no-entry area (November 15 through March 31). When manatees exceed the capacity of an ex isting manatee sanctuary or shift usage around an existing manatee sanctuary or shift usage to Three Sis ters Springs, House Spring, Jurassic Spring, and Idiot’s Delight Number 2 Spring, due to water or weather or other conditions, we will designate ‘‘no-entry’’ areas from November 15 through March 31 as appropriate and necessary around any of these sites. The determination to designate and subsequently remove no-entry areas around existing manatee sanctuaries and Three Sisters Springs, House Spring, Jurassic Spring, and Idiot’s De light Number 2 Spring within the Kings Bay Manatee Refuge will be based on aerial survey observations of manatees using the existing sanctuary sites, cur rent weather information, and other sources of credible, relevant informa tion. We will designate no-entry areas within Kings Bay Manatee Refuge and outside of existing sanctuaries as fol lows: (A) For the sanctuaries set forth in paragraphs (a)(1) through (a)(6) of this section, to a distance not to exceed 100 feet from the existing sanctuary boundary. (B) For the Three Sisters Springs Sanctuary, to a distance not to exceed 400 feet from the existing boundary. We do not intend to completely mark off the manmade channel. Expansions could occur directly around the exist ing sanctuary and north into the area locally known as Three Sisters Springs. (C) For House Spring and Jurassic Spring, an area that does not exceed 100 feet from the associated spring vents. (D) For Idiot’s Delight Number 2 Spring, an area that does not exceed 25 feet from the associated spring vent. Any temporary designation will be con figured to avoid the manmade channel in the canal and will not block access into Three Sisters Springs. (vi) Temporary no-entry areas (April 1 through November 14). Temporary no entry area designations may be made in the existing manatee sanctuaries lo cated in Kings Bay defined in para graphs (a)(1) through (a)(7) and para graphs (c)(14)(v)(A) through (D) of this section prior to November 15 and after March 31 during cold fronts when manatees are present. Designations will remain in effect for the duration of a cold front and only when there is reg ular manatee use; temporary no-entry area designations will remain in effect for no longer than 14 consecutive days. (vii) Posting of temporary no-entry areas designated in accordance with para graph (c)(14)(v) or (vi) of this section. Ad ditional temporary protection areas will be posted to distances as described in paragraph (c)(14)(v) of this section and identified by the following devices: buoys, float lines, signs, advisories from onsite Service employees and their designees, or other methods. (viii) Notifications of temporary no entry areas designated in accordance with paragraph (c)(14)(v) or (vi) of this section. When we determine that the provisions of paragraph (c)(14)(v) or (vi) of this section are appropriate, the temporary protection areas will be designated and posted to distances as described in paragraph (c)(14)(v) of this section. No entry area designations will occur im mediately. We will advise the public of designations through public notice(s) announcing and describing the meas ures in a local newspaper and other media, including but not limited to, local television and radio broadcasts, Web sites and other news outlets, as soon as time permits. Onsite Service employees and their designees, when present, may also inform waterway users of designations. (ix) Prohibited activities (year-round). We specifically identify and prohibit the activities set forth in this para graph to prevent the take of one or VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 256 50 CFR Ch. I (10–1–23 Edition) §§ 17.109–17.199 more manatees by individuals engaged in waterborne activities while in the water, in boats, or on-shore within the Kings Bay Manatee Refuge. In regard to these prohibited activities, we con sider a resting manatee to be a mostly motionless manatee that rises to breathe from the water bottom, in the water column, or on the water’s sur face. While resting, a manatee may make minor changes in its posture and may slightly shift its position. Minor changes in posture occur when resting manatees breathe or roll. Resting manatees may also make slight move ments with their flippers or tail to compensate for drift, etc. Prohibited activities include: (A) Chasing or pursuing manatee(s). (B) Disturbing or touching a resting or feeding manatee(s). (C) Diving from the surface on to a resting or feeding manatee(s). (D) Cornering or surrounding or at tempting to corner or surround a man atee(s). (E) Riding, holding, grabbing, or pinching or attempting to ride, hold, grab, or pinch a manatee(s). (F) Poking, prodding, or stabbing or attempting to poke, prod, or stab a manatee(s) with anything, including your hands and feet. (G) Standing on or attempting to stand on manatee(s). (H) Separating a mother and calf or attempting to separate a mother and calf. (I) Separating manatee(s) from a group or attempting to separate man atee(s) from a group. (J) Giving manatee(s) anything to eat or drink or attempting to give manatee(s) anything to eat or drink. (K) Actively initiating contact with belted or tagged manatee(s) and associ ated gear, including any belts, har nesses, tracking devices, or antennae. (L) Interfering with rescue and re search activities. [45 FR 74881, Nov. 12, 1980, as amended at 57 FR 5990, Feb. 19, 1992; 59 FR 24658, May 12, 1994; 63 FR 55556, Oct. 16, 1998; 67 FR 693, Jan. 7, 2002; 67 FR 66473, Nov. 8, 2002; 68 FR 46898, Aug. 6, 2003; 69 FR 40805, July 7, 2004; 70 FR 17874, Apr. 7, 2005; 70 FR 21969, Apr. 28, 2005; 70 FR 29458, May 23, 2005; 77 FR 15631, Mar. 16, 2012] §§ 17.109–17.199 [Reserved] VerDate Sep<11>2014 13:34 Feb 09, 2024 Jkt 259243 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\259243.XXX 259243sk er se y on D S K 4W B 1R N 3P R O D w ith C F R