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e-CFR Data is current as of November 19, 2009


Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED)
Subpart J—Manatee Protection Areas

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§ 17.106   Emergency establishment of protection areas.

(a) The Director may establish a manatee protection area under the provisions 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 establishment 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 requirements:

(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 boundaries.

(c) Simultaneously with the publication required by paragraph (b) of this section, the Director shall publish the same notice in theFederal Register.If simultaneous publication is impractical, because of the time involved or the nature of a particular emergency situation, failure to publish notice in theFederal Registersimultaneously shall not delay the effective date of the emergency establishment. In such a case, notice shall be published in theFederal Registeras 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 protection area shall be accomplished by publishing notice of the termination in theFederal Registerand 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 accordance with §17.103.

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