MEMORANDUM

To: Florida Fish and Wildlife Conservation Commissioners

From: Melissa Tucker, Director, Habitat and Species Conservation

Date: November 30, 2022

Subject: Proposed Final Rule – Seasonal No Entry Zone for Manatee Protection
Purpose: Obtain approval of proposed final rule amendment to establish a Seasonal No Entry Zone at the
Florida Power and Light (FPL) Cape Canaveral Energy Center Interim Warm-water Refuge (IWWR).
Why: To provide seasonal protection for a concentration of manatees at this warm water site and support
continued manatee Unusual Mortality Event (UME) response.
Top Points:
1) A temporary No Entry Zone was used at the IWWR site last winter; however, the 90 days allowed
under emergency rulemaking does not span the entire season that manatees may use the area.
2) Creation of a Seasonal (November 15 to March 31) No Entry Zone will provide added protection to
manatees using the IWWR and nearby intake canal from human disturbance and vessel traffic.
3) FPL is supportive of this action.
4) The Commission is authorized by Chapter 379.2431(2), F.S., to designate limited access areas for
manatee protection at new power plant discharges or other sources of warm-water and safe-havens
for manatees to rest, feed, reproduce, give birth, or nurse undisturbed by human activity.
Affected Parties: FPL/CCEC facility and the public that desires to enter the waters immediately adjacent to
the FPL facilities between November 15 and March 31 each year.
Summary: Last December, under emergency rule authority, a 90-day No Entry Zone was established at the
IWWR. This location served as the Temporary Field Response Station for the joint Unified Command UME
response throughout the winter; the temporary No Entry Zone provided protections to manatees and the
public during response actions, including during the continuation of the supplemental feeding trial. Most
manatees dispersed to spring and summer habitats by late March and the Zone was removed. The FWC and
USFWS expect to continue the UME response at the TFRS this winter and into the future as needed. In
support of these actions, which may include supplemental feeding, and future manatee use of the IWWR,
staff are seeking approval to establish a permanent, Seasonal No Entry Zone to restrict access to the FPL-
CCEC intake canal and the IWWR from November 15 through March 31. Currently, the intake canal area
is regulated as a Seasonal Idle Speed Zone. The proposed action restricts human and vessel entry to the area
and will reduce disturbance to concentrations of manatees using the IWWR. Staff shared the proposed rule
language with stakeholders through direct email to the members of the Manatee Forum and followed up
with outreach to specific stakeholder groups such as Brevard County, several marine industries
representatives, boating interest groups, and conservation organizations. Most stakeholders were supportive
of the proposed rule.
Staff Recommendation: Approval to advertise the proposed rule and file for final adoption without further
hearing, unless requested.
Staff Contact and/or Presenter: Ron Mezich or Melissa Tucker, Division of Habitat and Species
Conservation

Affected Rule: 68C-22.029, F.A.C.