Strategy for Stewardship Florida Keys National Marine …...In 1955, renowned naturalist and marine...

U.S. Department of Commerce

National Oceanic andAtmospheric Administration

National Ocean Service

Office of Ocean and CoastalResource Management

Sanctuaries andReserves Division

Florida KeysNationalMarineSanctuary

Strategy for Stewardship

Final ManagementPlan/EnvironmentalImpact Statement

Volume I of III Management Plan

http://www.fknms.nos.noaa.gov

http://www.doc.gov

http://www.noaa.gov

http://www.noaa.gov

http://www.nos.noaa.gov

http://www.ocrm.nos.noaa.gov/

http://www.ocrm.nos.noaa.gov/

http://www.sanctuaries.nos.noaa.gov/

http://www.sanctuaries.nos.noaa.gov/

Cover Photos: Marine Educator--Heather Dine, Upper Keys Regional Office; Lobster Boats--Billy Causey, Sanctuary Superintendent;Divers--Harold Hudson, Upper Keys Regional Office; Dive Charter--Paige Gill, Upper Keys Regional Office;Coral Restoration--Mike White, NOAA Corps.

This final management plan and environmental impact statement is dedicated to the memories of SecretaryRon Brown and George Barley. Their dedicated work furthered the goals of the National Marine SanctuaryProgram and specifically the Florida Keys National Marine Sanctuary.

"We must continue to work together - inspired by the delight in a child's eye when a harbor seal ora gray whale is sighted, or the wrinkled grin of a fisherman when the catch is good. We must honorthe tradition of this land's earliest caretakers who approached nature's gifts with appreciation anddeep respect. And we must keep our promise to protect nature's legacy for future generations."

- Secretary Ron Brown Olympic Coast dedication ceremony, July 16, 1994

"The Everglades and Florida Bay will be our legacy to our children and to our Nation."

- George Barley Sanctuary Advisory Council Chairperson

Florida KeysNationalMarineSanctuary

Final ManagementPlan/EnvironmentalImpact Statement

(FMP/EIS)

Volume IThe Management Plan

1996

National Oceanic and Atmospheric Administration

In 1955, renowned naturalist and marine biologist Rachel Carson describedthe Florida Keys this way in her book The Edge of the Sea:

"I doubt that anyone can travel the length of the Florida Keyswithout having communicated to his mind a sense of theuniqueness of this land of sky and water and scattered man-grove-covered islands. The atmosphere of the Keys isstrongly and peculiarly their own. This world of the Keyshas no counterpart elsewhere in the United States, and in-deed few coasts of the Earth are like it."

This unique environment is the reason for the existence of the Florida KeysNational Marine Sanctuary, and the reason why so many people havecontributed so much of their time and energy to making the ManagementPlan as comprehensive and fair as possible.

Since 1989, numerous environmental organizations and individuals haveworked long and hard to provide input into the legislation designating theSanctuary and into developing the Final Management Plan/EnvironmentalImpact Statement (FMP/EIS). They provided useful and objective commentsat numerous workshops, Advisory Council meetings, and other publicforums held during the planning process. The contributions of each of theseindividuals, and the organizations they represent, is appreciated.

The National Marine Sanctuary Program staff wish to thank everyone whohas participated in the development of this plan, especially members of thepublic who gave of their time to offer objective and useful input during themany public comment periods offered during the planning process.

Special thanks go to the members of the Sanctuary Advisory Council fortheir major contribution to the planning process. Their diligent work andsacrifice of time and expenses will be remembered as the key to thesuccess of developing a comprehensive management plan. With theleadership of their chairman and vice-chairman, they navigated waters neverbefore charted for a National Marine Sanctuary or, for that matter, anymarine protected area in the United States. Their role was crucial in thisplanning process, especially the leadership they exhibited in developing theSanctuary's final plan. Never before has such a comprehensive plan beenassembled by such a diverse interest group to solve complex problems inone of the Nation’s most ecologically diverse regions.

In addition, Program staff would like to thank our local, State, and Federalagency planning partners for their assistance during the development of thisplan. Those individuals who worked diligently for over four years on the plansacrificed an enormous amount of time and effort to assist in this project.Dozens of agency scientists, managers, and planners have devoted time tothis planning process, especially during the various workshops and strategyassessment planning sessions, extended review sessions, and deliberationson the compact agreement. The National Marine Sanctuary Program staff isgrateful to all of you.

Also, special thanks to all of those individuals who reviewed various portionsof the document, especially sections of the Description of the AffectedEnvironment. Your thorough review has served to make this section animportant reference for future use.

We also extend our appreciation to the Sanctuary Volunteers and staff andstudents of Indiana University who have helped assess some shipwrecksidentified in the management plan.

Particularly, the Program owes special recognition and thanks to the staff ofNOAA’s Strategic Environmental Assessments Division for their enormousamount of time and sacrifice in assisting in the planning and development ofthis plan.

Acknowledgments

Abstract

This abstract describes the Final Management Plan and Environmental Impact Statement (FMP/EIS) for theFlorida Keys National Marine Sanctuary. Congress, recognizing the degradation of this unique ecosystem dueto direct physical impacts and indirect impacts, passed the Florida Keys National Marine Sanctuary andProtection Act of 1990 (Public Law 101-605) designating the Florida Keys National Marine Sanctuary. The Actrequires the National Oceanic and Atmospheric Administration (NOAA) to develop a comprehensive manage-ment plan with implementing regulations to govern the overall management of the Sanctuary and to protectSanctuary resources and qualities for the enjoyment of present and future generations. The Act also estab-lishes the boundary of the Sanctuary, prohibits any oil drilling and exploration within the Sanctuary, prohibitsthe operation of tank ships or ships greater than 50 meters in the Area to Be Avoided, and requires thedevelopment and implementation of a water quality protection program by the U.S. Environmental ProtectionAgency and the State of Florida, in conjunction with NOAA.

The Sanctuary consists of approximately 2,800 nm2 (9,500 km2) of coastal and oceanic waters, and thesubmerged lands thereunder, surrounding the Florida Keys, and extending westward to encompass the DryTortugas, but excluding the Dry Tortugas National Park. The shoreward boundary of the Sanctuary is themean high-water mark. Within these waters are spectacular, unique, and nationally significant marine environ-ments, including seagrass meadows, mangrove islands, and extensive living coral reefs. These marineenvironments support rich biological communities possessing extensive conservation, recreational, commer-cial, ecological, historical, research, educational, and aesthetic values that give this area special nationalsignificance. These environments are the marine equivalent of tropical rain forests in that they support highlevels of biological diversity, are fragile and easily susceptible to damage from human activities, and possesshigh value to human beings if properly conserved.

The economy of the Keys is dependent upon a healthy ecosystem. Approximately four million tourists visit theKeys annually, participating primarily in water-related sports such as fishing, diving, boating, and otherecotourism activities. In 1991, the gross earnings of the Florida Keys and Monroe County totaled $853 million,36 percent of which came from services provided as part of the tourism industry. Another 18.7 percent of thegross earnings came from the retail trade, which is largely supported by tourists. In 1990, half of the Keys'population held jobs that directly or indirectly supported outdoor recreation. In addition, the commercial fishingindustry accounted for $17 million of the Keys’ economy, more than 20 percent of Florida’s total gross earn-ings from commercial fishing. All of these activities depend on a healthy marine environment with good waterquality.

The purpose of the proposed Management Plan is to ensure the sustainable use of the Keys' marine environ-ment by achieving a balance between comprehensive resource protection and multiple, compatible uses ofthose resources. Sanctuary resources are threatened by a variety of direct and indirect impacts. Directimpacts include boat groundings, propeller dredging of seagrasses, and diver impacts on coral. For example,over 30,000 acres of seagrasses have been impacted by boat propellers. Indirect impacts include marinedischarge of wastes, land-based pollution, and external sources of water quality degradation. These and othermanagement issues are addressed by the comprehensive Management Plan.

Volume I contains the final comprehensive Management Plan and includes the discussion of the PreferredAlternative and socioeconomic analysis as well as 10 action plans composed of management strategiesdeveloped with substantial input from the public, local experts, and the Sanctuary Advisory Council to addressmanagement issues. The action plans provide an organized process for implementing management strate-gies, including a description of the activities required, institutions involved, staffing requirements, and anestimate of the implementation cost. A list of the action plans in alphabetical order is as follows: 1) Channel/Reef Marking; 2) Education and Outreach; 3) Enforcement; 4) Mooring Buoy; 5) Regulatory; 6) Research andMonitoring; 7) Submerged Cultural Resources; 8) Volunteer; 9) Water Quality; and 10) Zoning. These actionplans include several critical activities designed to manage and protect the natural and historic resources ofthe Sanctuary, including:

• Establishing water-use zones providing focused protection for 60 to 70 percent of the well-developed reef formations, prohibiting consumptive activities in a small portion of the Sanctu-ary, buffering important wildlife habitat from human disturbance, and protecting several largereserves for species diversity replenishment, breeding areas, and genetic protection.

• Establishing Sanctuary regulations to designate nonconsumptive zones, prohibit damage tonatural resources, establish special-use permits, and restrict other activities that may nega-tively impact Sanctuary resources.

• Expanding and coordinating the Enforcement Program to enforce the regulations, particularlyin the zoned areas.

• Implementing an Ecological Monitoring Plan to evaluate the effectiveness of the zoned areasand the health of the Sanctuary.

• Expanding the Mooring Buoy Program to include the new zones and protect important coralreef and seagrass habitat.

• Implementing a Channel and Reef Marking Program to protect seagrasses, coral reefs, andmangroves in shallow-water areas.

• Implementing a Submerged Cultural Resources Plan to protect the numerous historicallyimportant shipwrecks and other submerged cultural resources.

• Expanding the Education and Volunteer programs to reach more users and the millions ofvisitors coming to the Keys each year.

Volume II describes the process used to develop the draft management alternatives and includes environ-mental and socioeconomic impact analyses of the alternatives used in the draft management plan andenvironmental impact statement.

Volume III consists of the appendices, including the two acts that designate and implement the Sanctuary.

LeadAgency: U.S. Department of Commerce

National Oceanic and Atmospheric AdministrationNational Ocean ServiceOffice of Ocean and Coastal Resource ManagementSanctuaries and Reserves Division

Conta ct: Mr. Billy Causey, SuperintendentNOAA/Florida Keys National Marine SanctuaryP.O. Box 500368Marathon, Florida 33050(305) 743-2437

-or-

Mr. Edward Lindelof, Chief, Gulf and Caribbean BranchSanctuaries and Reserves DivisionOffice of Ocean and Coastal Resource ManagementNational Ocean Service/NOAA1305 East-West Highway - SSMC4Silver Spring, MD 20910(301) 713-3137

mailto:[email protected]

Table of Contents

PageList of Figures......................................................................................................................................... i

List of Tables .......................................................................................................................................... i

General Introduction............................................................................................................................... 1

The Preferred Alternative/Management Plan ......................................................................................... 9Introduction ............................................................................................................................... 9Development of the Management Alternatives ......................................................................... 9Sanctuary Management: How the Process Works .................................................................... 34

Action Plans ........................................................................................................................................... 43Introduction ............................................................................................................................... 43Channel/Reef Marking .............................................................................................................. 45Education and Outreach ........................................................................................................... 57Enforcement .............................................................................................................................. 85Mooring Buoy ............................................................................................................................ 97Regulatory ................................................................................................................................. 107Research and Monitoring .......................................................................................................... 145Submerged Cultural Resources ................................................................................................ 171Volunteer ................................................................................................................................... 193Water Quality ............................................................................................................................ 207Zoning ....................................................................................................................................... 255

BackmatterReferences ................................................................................................................................ 309Acronyms .................................................................................................................................. 311Glossary of Technical Terms .................................................................................................... 315Metric Conversion Table ........................................................................................................... 319

i

List of Figures

The Preferred Alternative/Management PlanFigure 1. Existing Management Areas ................................................................................................... 28Figure 2. Ecological Reserves, Sanctuary Preservation Areas, Special-use Areas,

and Wildlife Management Areas ............................................................................................. 29Figure 3. Continuous Management: How the Process Works .............................................................. 36

List of Tables

Table 1. Management Strategies by Action Plan ................................................................................... 11Table 2. Sizes of FKNMS Sanctuary Preservation Areas, Ecological Reserves,

and Special-use Areas ............................................................................................................. 27Table 3. Estimated Annual Operation and Maintenance Costs for Implementing the

Management Plan .................................................................................................................... 40

The Preferred Alternative/Management Plan

ii

Page

List of Tables (cont.)

Channel/Reef Marking Action PlanTable 4. Summary of Channel Marking Strategies ................................................................................ 45Table 5. Channel/Reef Marking Prioritization Criteria ............................................................................ 52Table 6. Agencies/Organizations Identified for Implementing Strategies/Activities ............................... 53Table 7. Requirements for Implementation ............................................................................................ 54

Education and Outreach Action PlanTable 8. Summary of Education Strategies ............................................................................................ 57Table 9. Agencies/Organizations Identified for Implementing Strategies/Activities ............................... 79Table 10. Requirements for Implementation .......................................................................................... 82

Enforcement Action PlanTable 11. Summary of Enforcement Strategies ..................................................................................... 85Table 12. Agencies/Organizations Identified for Implementing Strategies/Activities ............................. 94Table 13. Requirements for Implementation .......................................................................................... 95

Mooring Buoy Action PlanTable 14. Summary of Mooring Buoy Strategies ................................................................................... 97Table 15. Agencies/Organizations Identified for Implementing Strategies/Activities ............................. 103Table 16. Requirements for Implementation .......................................................................................... 104

Research and Monitoring Action PlanTable 17. Summary of Research and Monitoring Strategies ................................................................. 146Table 18. Agencies/Organizations Identified for Implementing Strategies/Activities ............................. 166Table 19. Requirements for Implementation .......................................................................................... 168

Submerged Cultural Resources Action PlanTable 20. Summary of Submerged Cultural Resources Strategies ....................................................... 171Table 21. Agencies Identified for Implementing Strategies/Activities ..................................................... 179Table 22. Requirements for Implementation .......................................................................................... 180

Volunteer Action PlanTable 23. Summary of Strategies and General Sanctuary Support Items Requiring

Volunteer Assistance ............................................................................................................. 194

Water Quality Action PlanTable 24. Summary of Water Quality Strategies .................................................................................... 208Table 25. Agencies/Organizations Identified for Implementing Strategies/Activities ............................. 245Table 26. Requirements for Implementation .......................................................................................... 249Table 27. Rationale for the High Priority Level of Water Quality Strategies........................................... 253

Zoning Action PlanTable 28. Summary of Zoning Strategies............................................................................................... 255Table 29. Agencies/Organizations Identified for Implementing Strategies/Activities ............................. 265Table 30. Requirements for Implementation .......................................................................................... 266

General Introduction

1


Mission and Goals of the National Marine Sanctuary Program

The purpose of a sanctuary is to protect resourcesand their conservation, recreational, ecological,historical, research, educational, or aesthetic valuesthrough comprehensive long-term management.National Marine Sanctuaries may be designated incoastal and ocean waters, the Great Lakes and theirconnecting waters, and submerged lands over whichthe United States exercises jurisdiction consistentwith international law. They are built around distinc-tive natural and historical resources whose protectionand beneficial use require comprehensive planningand management.

The National Oceanic and Atmospheric Administra-tion (NOAA) administers the National Marine Sanctu-ary Program through the Sanctuaries and ReservesDivision (SRD) of the Office of Ocean and CoastalResource Management (OCRM).

In accordance with the NMSA, the mission of theNational Marine Sanctuary Program is to identify,designate, and comprehensively manage marineareas of national significance. National MarineSanctuaries are established for the public's long-termbenefit, use, and enjoyment. To meet these objec-tives, the following National Marine SanctuaryProgram goals have been established (15 CFR, Part922.1(b)):

• Enhance resource protection through compre-hensive and coordinated conservation andecosystem management that complementsexisting regulatory authorities.

• Support, promote, and coordinate scientificresearch on, and monitoring of, the site-specific marine resources to improve man-agement decisionmaking in national marinesanctuaries.

• Enhance public awareness, understanding,and the wise use of the marine environmentthrough public interpretive, educational, andrecreational programs.

• Facilitate, to the extent compatible with theprimary objective of resource protection,multiple uses of National Marine Sanctuaries.

This is the first of three volumes describing the FinalManagement Plan/Environmental Impact Statement(FMP/EIS) for the Florida Keys National MarineSanctuary. Volume I contains the selection of theFinal Preferred Alternative, which is the Final Man-agement Plan, including 10 detailed action plans.The Final Preferred Alternative explains the modifica-tions to the Draft Preferred Alternative (III) based onpublic comments, the FKNMSPA, the NMSA andother considerations. Volume II describes theManagement Plan/Environmental Impact Statement(MP/EIS) development process, including theprocess for selecting the Draft Preferred Alternativethat underwent a nine month public review. VolumeIII contains the appendices referenced in Volumes Iand II. The Final Plan is based on the EIS analysisin Volumes I and III.

Authority for Designation

National marine sanctuaries are routinely designatedby the Secretary of Commerce through an adminis-trative process established by the National MarineSanctuaries Act (NMSA) of 1972, 16 U.S.C. 1431 etseq., as amended, including activation of candidatesites selected from the National Marine SanctuaryProgram Site Evaluation List. Sanctuaries also havebeen designated by an Act of Congress. The FloridaKeys National Marine Sanctuary was designatedwhen the President signed the Florida Keys NationalMarine Sanctuary and Protection Act. Appendix A inVolume III contains a copy of this Act.

Terms of Statutory Designation

Section 304(a)(4) of the NMSA requires that theterms of designation set forth the geographic areaincluded within the Sanctuary; the characteristics ofthe area that give it conservation, recreational,ecological, historical, research, educational, oraesthetic value; and the types of activities that will besubject to regulation by the Secretary of Commerceto protect those characteristics. This section alsospecifies that the terms of designation may bemodified only through the same procedures by whichthe original designation was made. Thus, the termsof designation serve as a charter for the Sanctuary.

2


The Florida Keys National Marine Sanctuary is oneof a system of national marine sanctuaries that hasbeen established since the Program’s inception in1972. Sanctuaries are not new to the Florida Keys;there is a twenty year history of National MarineSanctuaries in the Keys.

Background

Historical Perspective. The lure of the Florida Keyshas attracted explorers and visitors for centuries.The clear tropical waters, bountiful resources, andappealing natural environment were among themany fine qualities that attracted visitors to the Keys.However, warning signs that the Keys’ environmentand natural resources were fragile, and not infinite,came early. In 1957, a group of conservationists andscientists held a conference at the EvergladesNational Park and discussed the demise of the coralreef resources in the Keys at the hands of thoseattracted there because of their beauty and unique-ness. This conference resulted in action that createdthe world’s first underwater park, the JohnPennekamp Coral Reef State Park in 1960. How-ever, in just a little over a decade following theestablishment of the park, a public outcry wassounded that cited pollution, overharvest, physicalimpacts, overuse, and use conflicts as continuing tooccur in the Keys. These concerns continued to bevoiced by environmentalists and scientists alikethroughout the decade of the 1970’s and indeed, intothe 1990’s.

Other management efforts were instituted to protectthe coral reefs of the Florida Keys. The Key LargoNational Marine Sanctuary was established in 1975to protect 103 square nautical miles of coral reefhabitat stretching along the reef tract from north ofCarysfort Lighthouse to south of Molasses Reef,offshore of the Upper Keys. In 1981, the 5.32 squarenautical mile Looe Key National Marine Sanctuarywas established to protect the very popular Looe KeyReef located off Big Pine Key in the Lower Keys.Throughout the 80’s mounting threats to the healthand ecological future of the coral reef ecosystem inthe Florida Keys prompted Congress to take actionto protect this fragile natural resource. The threat ofoil drilling in the mid to late 1980’s off the FloridaKeys, combined with reports of deteriorating waterquality throughout the region, occurred at the sametime scientists were assessing the adverse affects ofcoral bleaching, the die-off of the long-spined urchin,loss of living coral cover on reefs, a major seagrassdie-off, declines in reef fish populations, and the

spread of coral diseases. With the reauthorization ofthe National Marine Sanctuary Program in 1988,Congress directed the Sanctuary Program to conducta feasibility study of possible expansion of Sanctuarysites in the Keys. Those study sites were in thevicinity of Alligator Reef, Sombrero Key, and west-ward from American Shoals. This endorsement forexpansion of the Sanctuary program in the Keys wasa Congressional signal that the health of the re-sources of the Florida Keys was of National concern.The feasibility study was overtaken by severalnatural events and ship groundings that precipitatedthe designation of the Florida Keys National MarineSanctuary.

Three large ships ran aground on the coral reef tractwithin a brief 18 day period in the fall of 1989.Coincidental as it may seem, it was this final physi-cal insult to the reef that prompted Congress to takeaction to protect the coral reef ecosystem of theFlorida Keys. Although most remember the shipgroundings as having triggered Congressionalaction, it was in fact the cumulative events of envi-ronmental degradation, in conjunction with thephysical impacts that prompted Congressman DanteFascell to introduce a bill into the House of Repre-sentatives in November of 1989. CongressmanFascell had long been an environmental supporter ofSouth Florida and his action was very timely. The billwas sponsored in the Senate by Senator BobGraham, also known for his support of environmentalissues both in Washington, and as a Florida Gover-nor. It was passed by Congress through bi-partisansupport and was signed. On November 16, 1990,President George Bush signed into law the FloridaKeys National Marine Sanctuary and Protection Act(FKNMSPA) (Appendix A in Volume III).

Florida Keys Environmental Setting. The FloridaKeys National Marine Sanctuary extends approxi-mately 220 miles southwest from the southern tip ofthe Florida peninsula. Located adjacent to the Keys’land mass are spectacular, unique, and nationallysignificant marine environments, including seagrassmeadows, mangrove islands, and extensive livingcoral reefs. These support rich biological communi-ties possessing extensive conservation, recreational,commercial, ecological, historical, research, educa-tional, and aesthetic values that give this areaspecial national significance. They are the marineequivalent of tropical rain forests, in that they supporthigh levels of biological diversity, are fragile andeasily susceptible to damage from human activities,and possess high value to humans if properlyconserved.


3

occasion, the recklessness of ship captains, boaters,divers, fishermen, snorkelers and beachgoers. Over30,000 acres of seagrasses have been damaged byboat propellers. Direct impacts to resources alsoresult from careless divers and snorkelers standingon coral, improperly placed anchors, and destructivefishing methods. In the period between 1993 and1994, approximately 500 vessels were reportedaground in the Sanctuary. These groundings have acumulative effect on the resources. Over 19 acres ofcoral reef habitat has been damaged or destroyed bylarge ship groundings.

Indirect human impacts. The overnutrification ofnearshore waters is a documented problem in theSanctuary. A major source of excess nutrients issewage-25,000 septic tanks, 7,000 cesspools, 700shallow injection wells, and 139 marinas harboringover 15,000 boats. These nutrients are carriedthrough the region by more than 700 canals andchannels. Removing nitrogen and phosphorous fromwastewater requires a technology that, at present, islacking from sewage treatment facilities in the Keys.

Management Plan Requirements

The FKNMSPA directs the Secretary of Commerceto develop a comprehensive management plan andimplement regulations to protect Sanctuary re-sources. The Act requires that the plan:

• facilitate all public and private uses of theSanctuary consistent with the primary objectiveof resource protection;

• consider temporal and geographic zoning toensure protection of Sanctuary resources;

• incorporate the regulations necessary toenforce the comprehensive water qualityprotection program developed under Section 8of the FKNMSPA;

• identify needs for research, and establish along-term ecological monitoring program;

• identify alternative sources of funding neededto fully implement the Plan’s provisions andsupplement appropriations authorized underSection 10 (16 U.S.C., §1444) of theFKNMSPA and Section 313 of the NMSA;

• ensure coordination and cooperation betweenSanctuary managers and other Federal, State,

The marine environment of the Florida Keys supportsover 6,000 species of plants, fishes, and inverte-brates, including the Nation’s only coral reef that liesadjacent to the continent, and one of the largestseagrass communities in this hemisphere. Attractedby this natural diversity and tropical climate, approxi-mately four million tourists visit the Keys annually,where they participate primarily in water-relatedsports such as fishing, diving, boating, and otheractivities.

Sanctuary Boundary. The Act designated 2,800square nautical miles of coastal waters off the FloridaKeys as the Florida Keys National Marine Sanctuary.The Sanctuary boundary extends southward on theAtlantic Ocean side of the Keys from the northeasternmost point of the Biscayne National Parkalong the approximate 300-foot isobath for over 200nautical miles to the Dry Tortugas. From there itturns north and east, encompassing a large portion ofthe Gulf of Mexico and Florida Bay, where it adjoinsthe Everglades National Park. The landward bound-ary is the mean high water mark. The Key Largo andLooe Key National Marine Sanctuaries, the StateParks and Aquatic Preserves, and the Florida KeysRefuges of the U.S. Fish and Wildlife Service areoverlapped by the Sanctuary; whereas the Ever-glades National Park, Biscayne National Park, andDry Tortugas National Park are excluded from theboundary of the Sanctuary.

Threats to the Environment. The deterioration ofthe marine environment in the Keys is no longer amatter of debate. There is a decline of healthycorals, an invasion by algae into seagrass beds andreefs, a decline in certain fisheries, an increase ofcoral diseases and coral bleaching. In Florida Bay,reduced freshwater flow has resulted in an increasein plankton blooms, sponge and seagrass die-offs,and fish kills.

Over four million people visit the Keys annually, 70%of whom visit the Sanctuary. Over 80,000 peoplereside in the Keys full time. Since 1965, the numberof registered private recreational vessels has in-creased over six times. There are significant directand indirect effects from the high levels of use ofSanctuary resources resulting from residents andtourists. The damage done by people hinders theability of marine life to recover from naturally occur-ring stresses. Human impacts can be separated intodirect and indirect impacts.

Direct human impacts. The most visible and familiarphysical damage results from the carelessness or, on

4


and local authorities with jurisdiction within oradjacent to the Sanctuary;

• promote education among users of the Sanctu-ary about coral reef conservation and naviga-tional safety; and

• incorporate the existing Looe Key and KeyLargo national marine sanctuaries into theFlorida Keys National Marine Sanctuary.

All of these requirements have been addressed in theManagement Plan.

In addition to the above statutory objectives, theSanctuary Advisory Council, early on in the planningprocess in 1992, developed a set of goals andobjectives for the Sanctuary that NOAA lateradopted. The goal is:

“To preserve and protect the physical and biologicalcomponents of the South Florida estuarine andmarine ecosystem to ensure its viability for the useand enjoyment of present and future generations.”

The objectives include:

• Encouraging all agencies and institutions toadopt an ecosystem and cooperative approachto accomplish the following objectives, includ-ing the provision of mechanisms to addressimpacts affecting Sanctuary resources butoriginating outside the boundaries of theSanctuary;

• Providing a management system which is inharmony with an environment whose long-termecological, economic, and sociological prin-ciples are understood, and which will allowappropriate sustainable uses;

• Managing the Florida Keys National MarineSanctuary for the natural diversity of healthyspecies, populations, and communities;

• Reaching every single user and visitor to theFKNMS with information appropriate to theiractivities; and

• Recognizing the importance of cultural andhistorical resources, and managing theseresources for reasonable, appropriate use andenjoyment.

NOAA incorporated the Sanctuary Advisory Council’sobjectives into the Final Comprehensive Manage-

ment Plan, and some progress has already beenmade toward accomplishing these objectives. Forexample, steps have been taken to meet the firstobjective of ecosystem management. SanctuaryStaff have been involved in the efforts of the SouthFlorida Ecosystem Restoration Task Force and theGovernor’s Commission for a Sustainable SouthFlorida. These two efforts have focused on therestoration of the South Florida ecosystem, of whichthe Sanctuary is the downstream component. Thesecombined efforts recognize the importance of protect-ing and preserving the natural environment for thesustainable use of future generations. The naturaland built environments have to be managed inharmony to sustain the healthy environment uponwhich South Florida economy is dependent upon.

Overview of the Planning Process

The size of the Sanctuary and the diversity of itsusers required that NOAA adopt a holistic, ecosys-tem-based management approach to address theproblems facing the Sanctuary. This meant using aproblem-driven focus, relying on partnerships, andbuilding consensus around the identification of issuesand their short- and long-term solutions.

A Comprehensive Approach. The FKNMSPArequires NOAA to develop a comprehensive man-agement plan. To meet this mandate, NOAA hasaddressed many problems and issues, such as waterquality and land use, that are outside the "traditional"scope of Sanctuary management. The processinvolved unprecedented participation by the generalpublic, user groups, and Federal, State, and localgovernments.

Because of the size of the Sanctuary and the varietyof resources it contains, many problems never beforeencountered by Sanctuary management had to beaddressed. For example, significant declines in waterquality and habitat conditions in Florida Bay arethreatening the health of Sanctuary resources. Theseconditions are thought to be the result of waterquality and quantity management in the South Floridaregion. Such problems must be addressed bymanagement to ensure adequate protection ofSanctuary resources. There is a need, therefore, toexplicitly include the agencies with responsibilities inthese areas in an ecosystem management approach.

Knowledge-based Consensus Building. A seriesof workshops followed a set of public scoping meet-ings, and laid the foundation for building this Plan. At


5

these work sessions, NOAA used a systematicprocess for obtaining relevant information fromexperts with knowledge of Sanctuary problems.

NOAA recognized that a useful management plancould not be developed and implemented withoutforging working teams to help provide the vision andknowledge necessary to accomplish the goals setforth in the FKNMSPA. Four teams were formed toensure that input was provided by major Federal,State, and local interests in the Sanctuary, and to seethat a plan was produced that met the goals andobjectives set forth by the FKNMSPA and NOAA.There was considerable interaction, and someoverlap in membership and function, among theseteams.

• In July 1991, the Interagency Core Group,composed of Federal, State, and local agen-cies with direct jurisdictional responsibility inthe Sanctuary, was formed to develop policies,and direct and oversee the management plandevelopment process (Appendix B in VolumeIII lists the members of this Core Group).

• Sanctuary Planners held a series of work-shops, from July 1991 through January 1992,which focused on a range of topics. Theworkshop topics included mooring buoys,education, photobathymetry, research, sub-merged cultural resources, and zoning.

• A Strategy Identification Work Group, com-posed of 49 local scientists and managementexperts, generated the initial set of strategiesand details on implementation requirements.

• The Sanctuary Advisory Council (SAC) wasestablished by the FKNMSPA to ensure publicinput into the Plan, and to advise and assistNOAA in its development and implementation.The SAC first met in February 1992 andconducted over 30 meetings that were open tothe public (Appendix B in Volume III contains alist of SAC members). The SAC became anintegral part of the Sanctuary planning processby serving as a direct link to the Keys' usercommunities, such as the dive industry,environmental groups, and commercial andrecreational fishermen. In addition, the SAChas been instrumental in helping NOAAformulate policy, particularly with regard to:1) the marine zoning plan, 2) activities needingregulation, and 3) recommending a preferredalternative for the Management Plan.

• A NOAA team composed of the Sanctuariesand Reserves Division, the Strategic Environ-mental Assessments Division, and the Office ofthe Assistant General Counsel for OceanServices was responsible for developing andimplementing the process to produce the DraftPlan. The Sanctuaries and Reserves Divisionis responsible for coordinating the review andproducing the Final Management Plan andEnvironmental Impact Statement.

Focus on Management and Action. From thebeginning of the Plan development process, it hasbeen recognized that management is a continuousactivity that must involve those responsible forimplementing actions. The process has mademaximum use of existing knowledge and experienceto identify, characterize, and assess alternativemanagement actions. Much of the planning processwas devoted to identifying short- and long-termmanagement actions or strategies, including theiroperational requirements. These managementactions can be found in the detailed action planscontained in this volume. These plans addressmanagement issues ranging from channel marking,to volunteer programs, to regulations. They providedetails on institutional needs, personnel, time require-ments, and implementation costs. These details arenecessary for the decisions that will have to be madeupon Plan implementation by the managers in theregion.

Toward Integrated, Continuous Management. Acentral purpose of the Management Plan is to takethe disparate threads of protection and regulationthat currently apply to the Florida Keys' ecosystemand weave them into a fabric of integrated coastalmanagement (ICM). ICM is not a new idea or con-cept; what is new is the notion of applying it in acomprehensive and continuous manner. ICM is aprocess that begins with direct participation ofmanagers, planners, analysts, scientists, and aconcerned public. Developing an integrated manage-ment approach does not take place quickly; it evolvesover time, based on incremental gains that buildupon one another.

A major component of the Management Plan is theconsideration of water quality issues and problems.The FKNMSPA called upon the U.S. EnvironmentalProtection Agency and the State of Florida to developa comprehensive water quality protection program forthe Sanctuary. NOAA has incorporated this protec-tion program into the Management Plan as the WaterQuality Action Plan found in this volume.

6


In August 1995, the Sanctuary Staff gave theWorking Groups a briefing outlining the pur-pose, objectives, and ground rules for theWorking Group’s public review of the draftplan. The purpose of the Working Groups wasto broaden the public’s review of the draft planin order to get the best and most comprehen-sive review possible. An objective of theprocess was to help the SAC formulate theircomments on the draft plan. The ground ruleswere: that membership on the Working Groupswas open and the public was encouraged tosign up and participate; no voting (strive forconsensus, but record both sides when split);all suggestions were to be recorded; theWorking Group meetings were to be held indifferent parts of the Keys; and Sanctuary staffwere to serve in a support role.

Each of the Working Groups held multiplemeetings in various parts of the Keys. Thepublic was given enormous opportunity toprovide their input on the draft plan.

• Public Hearings. There were six public hear-ings held on the draft plan. The hearings wereheld in Miami, Key Largo, Marathon, Key West,St. Petersburg, and Silver Spring, Maryland.The Sanctuary Advisory Council was encour-aged to attend as many of the meetings aspossible in order to help the SAC furtherdevelop their comments on the draft plan. Thismade it possible for the SAC to take fulladvantage of the public’s comments in theirdeliberations on the draft plan in Novemberand December.

As a result of the public review process, NOAAreceived over 6,400 statements of public commenton the draft management plan and environmentalimpact statement. Clearly, the use of the SanctuaryAdvisory Council Working Groups assisted theadvisory council in the development of their com-ments on the draft plan. As a result of their reviewprocess, the input at public hearings, and writtenpublic comments, NOAA has been able to develop aFinal Management Plan that reflects a broad range ofpublic comments.

Overview of the Public Review Process

The Draft Management Plan and EnvironmentalImpact Statement (DMP/EIS) for the Florida KeysNational Marine Sanctuary was released to the publicat a Sanctuary Advisory Council meeting on April 4,1995. This initiated a nine-month public review of thedraft plan that ended December 31, 1995. Duringthis review period, Sanctuary staff facilitated thepublic’s review of the plan in a variety of ways thatwere designed to maximize the public’s full under-standing of the components and contents of the draftplan.

The nine month public review process included thefollowing opportunities:

• Sanctuary Advisory Council Preview. On April4, the draft plan was released in a publicmeeting. At this meeting, each of the authors ofthe Action Plans contained in the PreferredAlternative (Volume I) gave a verbal summaryof the contents of the Action Plans. This day-long, detailed preview, initiated the public’sreview of the draft plan and served to introduceand familiarize the public with the plan.

• Info-Expos. The Sanctuary staff held twoseries of three-day-long Info-Expos in April andMay of 1995 and October 1995. The Info-Expos were held in the Upper, Middle, andLower Keys. They were set up like a tradeshow and individual tables served as informa-tion booths manned by Sanctuary staff, Sanc-tuary Advisory Council members, Core Groupmembers, and a Spanish interpreter. The Info-Expo staff passed out materials and answeredthe public’s questions about the draft plan.Each of the booths represented a specifictheme such as water quality, fishing, boating,zoning, etc. Additionally, staff distributedcopies of the draft plan to the public if they hadnot received one by mail.

• Working Groups. In June 1995, the SanctuaryAdvisory Council established 10 WorkingGroups, one for each action plan, to assist inthe public review of the draft plan. The SACappointed a Chairperson for each of theWorking Groups and other SAC members wereencouraged to sign up to participate in theWorking Groups that they were interested inmonitoring.


7

The Environmental Impact Statement Process

The National Environmental Policy Act of 1969(NEPA) requires any Federal agency proposing amajor action that significantly affects the quality of thehuman environment to develop an environmentalimpact statement that describes both the positive andnegative impacts that may result from implementa-tion. Accordingly, an EIS has been drafted to accom-pany the Management Plan, and both have gonethrough a public review and comment process priorto adoption in this Final Plan. The Draft EIS evalu-ated a range of reasonable alternative approaches toSanctuary management. These alternatives arepresented in Volume II to facilitate analysis of theireffects. The Preferred Alternative for Sanctuarymanagement is presented based on NOAA’s analysisof its impacts and the public comments.

Contents of Volume I

This volume includes a summary of the PreferredAlternative, and a discussion of the final manage-ment plan. It consists of the following chapters: 1) thePreferred Alternative/Management Plan; and 2)Action Plans. Brief descriptions of these chaptersfollow.

The Preferred Alternative/Management Plan. Thischapter includes a summary of the Preferred Alterna-tive, and a discussion of the Final Management Plan.This is followed by a discussion of Plan implementa-tion under the “continuous management process.”The administrative framework for management, anda review of potential alternative funding sources, arealso part of this chapter.

Action Plans. This chapter includes complete discus-sion of 10 action plans that provide the operationaldetails for implementing the Management Plan. Eachaction plan is composed of a bundle of strategiessharing common management objectives, andpresents the initial outline of the steps required forplan implementation. More specifically, the actionplans provide an organized structure and process forimplementing management strategies, including adescription of the activities required, institutionsinvolved, and requirements necessary for eithercomplete or partial implementation.

The Research and Monitoring and Water Qualityaction plans each address requirements mandated inthe FKNMSPA. Education and volunteer programshave been established to make the public a partici-pant in protecting Sanctuary resources. The Enforce-ment, Channel/Reef Marking, Mooring Buoy, Sub-merged Cultural Resources, and Zoning action plansoutline specific actions that will be taken to protectSanctuary resources. The Regulatory Action Planincludes the regulations for the Sanctuary, andexplains how management strategies have beenincorporated into these regulations.


9

The Preferred Alternative/Management Planmore than four million visitors annually come here tojust look, others come because it is the sport fishingcapital of the world, or its the place you can drive toand dive a tropical coral reef and still be in thecontinental U.S. One commentor at the publichearings said he “has the same right to look at agrouper as the next guy has to spear it.” That pointwas even more clear when another commentorpointed out that “many people can photograph a fish,while only one can spear it.”

The trends of increasing population and visitorsadding pressures on the resources of the FloridaKeys continue to grow. Nobody can deny or disputethat fact. The Final Management Plan and Environ-mental Impact Statement (FMP/EIS) provides abalanced approach to managing the resources of theFlorida Keys by identifying ways of keeping the pulseof the health of the environment and communicatingthose conditions to the public, while creating waysthe public can continue to use and enjoy the Keysenvironment with the least amount of impact. Condi-tions are changing rapidly in South Florida and theFlorida Keys, and we must be prepared.

During the lengthy public review process for theDMP/EIS, NOAA received over 6,414 written andverbal comments on the draft plan and has giventhose comments full consideration in developing theFMP/EIS. In addition, the Sanctuary AdvisoryCouncil commented on the draft plan. Those com-ments have been given considerable weight in thedevelopment of the Final Plan.

Development of the Management Alternatives

The environmental impacts of the alternatives,including the Preferred Alternative for the MP/EIS,are described in Volume II (pages 136-156). Throughscoping meetings, workshops, and other publicprocesses, NOAA narrowed the scope in the DraftEIS to five management alternatives ranging from I-V, and eliminated I and V early in the evaluationprocess because they would not adequately achievethe environmental and economic requirements of theNMSA and FKNMSPA, and other applicable Federal,State, and local laws.

Alternative I, the most restrictive, focused solely onresource protection, and would not allow for compat-ible uses of the Sanctuary. While it would have

Introduction

The National Marine Sanctuaries Act (NMSA) andthe Florida Keys National Marine Sanctuary andProtection Act of 1990 (FKNMSPA) mandate thedevelopment of a comprehensive management planthat protects Sanctuary resources and facilitatesSanctuary uses that are compatible with the primaryobjective of resource protection. The managementplan was developed consistent with the planningguidelines in the National Environmental Policy Act(NEPA). The environmental and socioeconomicconsequences of various alternatives have beentaken into consideration in developing the finalcomprehensive management plan for the Sanctuary.The Draft Preferred Alternative was described inVolume II of the DMP/EIS and was the focus of anine month public review from April 4, 1995 throughDecember 31, 1995. This section sets forth the FinalPreferred Alternative, and the way in which it wasdeveloped, through consideration of the publiccomments, of the FKNMSPA, and of NEPA.

The environment and the economy of South Floridaand the Florida Keys are directly linked. The nearly$2 billion dollar economy of the region is dependenton a healthy environment and without a healthyenvironment the economy would surely decline. Forexample, in the Florida Keys the non-market uservalue of water-based recreational activity wasestimated in 1990 to be worth about $660 million peryear to both the residents and tourists (Leeworthy etal. 1993). That value has continued to increase.Clearly, if the health of the environment in the FloridaKeys continues to decline as has been identified inFlorida Bay and along the coral reef tract, theeconomy of South Florida and specifically the FloridaKeys will be adversely affected.

In the development of the DMP/EIS, NOAA took intoconsideration the consequences of not taking anymanagement actions to protect the fragile naturalenvironment of the Florida Keys versus establishingextremely conservative and protective measures thatwould protect the natural resources of the FloridaKeys regardless of the economic impacts on thearea. Clearly recognizing the direct ties between theenvironment and the economy of the Keys, NOAAhas balanced these interests in the development ofthe management plan for the Sanctuary. This taskhas not been easy because of the wide range ofcompeting and conflicting interests. Many of the

10


positive environmental impacts, Alternative I wouldhave significant negative and unacceptable socio-economic impacts, such as virtually closing downcommercial and recreational fishing and prohibitingmany other recreational uses.

Alternative V (no action), the least restrictive, wouldhave negative environmental and socioeconomicimpacts over the long term, and would not accom-plish the resource protection goals of the NMSA andthe FKNMSPA. Without the implementation of amanagement plan, continued environmental degra-dation would occur, which ultimately would lead tosignificant losses of revenue, jobs, and investmentsin the marine-based tourism, recreation, and com-mercial fishing industries of the Florida Keys. Theseimpacts are not consistent with the FKNMSPA goalof resource protection and facilitation of compatible,multiple Sanctuary uses.

After considering the environmental and socioeco-nomic impacts of the three mid-range (Alternatives II-IV) management alternatives in the draft plan, NOAAproposed for public comment Alternative III as thePreferred Management Alternative to achieve theproper balance of resource protection and facilitationof compatible uses. The process used to select thePreferred Alternative included considering recom-mendations of the Sanctuary Advisory Council, theInteragency Core Group, and the public. It involvedcareful examination of the relative impacts of eachalternative on the region’s natural resources andhuman activities.

NOAA has revised the Preferred Alternative basedon the public and agency comments received duringthe nine month review process. Therefore,this section of the management plan describes theFinal Preferred Alternative for managing the Sanctu-ary and the environmental and socioeconomicconsequences taken into consideration in theselection process.

Final Plan for Sanctuary Management

The Final Management Plan contained in this volumeincludes10 Action Plans addressing managementstrategies developed from the planning process andthe public's review of the DMP/EIS. These strategiesare listed by Action Plan in Table 1. These strategiesare the most balanced approach to meeting thegoals of the laws establishing the Florida KeysNational Marine Sanctuary (FKNMS). They providepotential solutions to known problems, and should

prevent new problems from arising. While NOAA ischarged with producing a "comprehensive" plan tomanage the Sanctuary, the plan sets forth high,medium, and low priority levels for strategies, andonly a subset of the proposed actions can be imple-mented in the near future. The mechanisms whichwill be used to apply these strategies, and theprocess used to identify strategies to be applied inthe future, are described in the Action Plans con-tained in this volume.

Descriptions of the strategies used to develop theAction Plans and Alternatives are located in Appen-dix H of Volume III. These strategies were evaluatedand scrutinized throughout the development of theManagement Plan. Many were modified to reflectconcerns and issues that were not evident when theprocess began (e.g., Florida Bay water qualityproblems). Some strategies were changed to ad-dress specific problems that were raised by thepublic at Advisory Council meetings, while othershave remained essentially the same as drafted at theStrategy Assessment Workshop held in February1992. Upon consideration of the public comments onthe DMP/EIS, further changes were made, resultingin the Final Management Plan.

The actions in this Final Plan represent the efforts ofmany groups and individuals. While NOAA is respon-sible for developing the Management Plan, it hastreated the process for its development as a partner-ship with the State of Florida, and has also soughtthe participation of other Federal agencies, localgovernment agencies, non-governmental organiza-tions, resource users, and the public. All of theseparties have contributed to the content of this Plan.

Appendix L contains the record of significant publiccomment on the DMP/EIS. Although public commenton the draft plan was abundant and came fromdiverse sources, the issues and specific areas ofconcern were fairly narrow and focused in scope.The summary of comments and responses inAppendix L sets forth the significant concerns andexplains how they are addressed in the Final Plan.The action plans that received the most abundantcomment, resulting in the most revisions were: theeducation and outreach, regulatory, research andmonitoring, submerged cultural resources, waterquality, and zoning plans.

The issues that received the majority of publiccomment were: the operation of personal watercraft;marine zoning; certain proposed regulations; waterquality; Sanctuary authority; and the draft Designa-tion Document (Appendix K), containing a draft


11

Table 1. Management Strategies by Action Plan

Channel/Reef Marking

Education

Mooring Buoy

B.4 B.1 Boat Access

Channel/Reef Marking

B.1 B.15 Mooring Buoy ManagementBoat Access

E.3 Signs/Displays/Exhibits E.11 Special EventsE.6 Advisory Board

E.12 Professional DevelopmentE.1 Printed Materials E.4 Training/Workshops/Schools E.7 Promotional/Educational MaterialsE.2 Audio-Visual Materials E.5 PSAs E.10 Public Forum

Water Quality

W.3 Wastewater Mangmt. Systems W.14 Best Management Practices

L.6 Mobile Pumpout W.9 Laboratory Facilities W.20 Monitoring

L.7 SWD Problem Sites W.10 Canal WQ W.21 Predictive Models

L.10 HAZMAT Handling W.11 Stormwater Retrofitting W.22 Wastewater Pollutants

W.1 OSDS Demonstration Project W.12 Stormwater Permitting W.23 Special Studies

W.2 AWT Demonstration Project W.13 Stormwater Management W.24 Florida Bay Influence

B.7 Pollution Discharges W.4 Wastewater Disposal, Key West W.15 HAZMAT Response W.28 Regional Database

E.4 Training/Workshops/Schools W.5 Water Quality Standards W.16 Spill Reporting W.29 Dissemination of Findings

L.3 Marina Operations W.8 OSDS Permitting W.19 Florida Bay Freshwater Flow Z.5 Special-use Areas

L.1 Marina Pumpout W.6 NPDES Program Delegation W.17 Mosquito Spraying W.32 Technical Advisory CommitteeL.2 Marina Siting & Design W.7 Res. Monitoring of Sfc. Discharge W.18 Pesticide Research W.33 Ecological Monitoring

B. 6 Additional EnforcementB.12 Cross-deputization

Zoning

Z.2 Ecological Reserves Z.4 Existing Management AreasZ.1 Wildlife Management Areas Z.3 Sanctuary Preservation Areas Z.5 Special-use Areas

Submerged Cultural Resources

R.1 SCR Management

Volunteer

F.9 Gear RemovalB.4 Channel/Reef Marking E.4 Training/Workshops/Schools

B.2 Habitat Restoration E.2 Audio-Visual Materials E.11 Special Events W.20 WQ Monitoring

F.7 Artificial Reefs B.3 Derelict Vessels W.33 E.3 Signs/Displays/Exhibits Ecological Monitoring

E.10 Public Forum R.2 Recreation SurveyE.1 Printed MaterialsB.1 Boat Access

B.10 Damage Assessment E.7 Promotional/Educational Materials R.1 SCR Management

B.9 Visitor Registration E.5 PSAs F.11 Gear/Method Impacts

Enforcement

Regulatory

B.17 Vessel Operations/PWC Management

Z.5 Special-use Areas

B.4 Channel/Reef Marking L.14 Dredging Prohibition Z.1 Wildlife Management ZonesF.1 Consistent Fishing Regulations

B.11 Special-use Permits R.1 SCR Management Z.3 Sanctuary Preservation Areas

F.11 Gear/Method ImpactsB.13 Salvaging/Towing R.7 Coral Touching Z.4 Existing Management Areas

F.14 Spearfishing

B.7 Pollution Discharges L.15 Dredging Regulation Z.2 Ecological ReservesF.4 Aquaculture Alternatives

Research and Monitoring

B.2 Habitat Restoration W.18 Pesticide ResearchF.10 Bycatch W.32 Technical Advisory CommitteeB.11 National Marine

Sanctuary PermitsW.20 MonitoringF.11 Gear/Method Impacts

Z.2 Ecological Reserves

F.4 Aquaculture Alternatives W.24 Florida Bay InfluenceSponge HarvestF.15

W.33 Ecological Monitoring

F.3 Stocking W.21 Predictive ModelsF.14 Spearfishing

Z.3 Sanctuary Preservation Areas

F.6 Fisheries Sampling W.28 Regional DatabaseR.5 Carrying Capacity

F.7 Artificial Reefs W.29 Dissemination of Findings W 5 Water Quality Standards

F.7 Artificial ReefsF.8 Exotic Species


No Plan

W.25 WQ Impact ResearchF.12 Finfish Traps L.12 HAZMAT Collection

B.10 Dock Permitting L.9 SWD Policy Compliance L.19 Growth Impacts

L.20 Public AccessF.5 Limited Entry L.11 HAZMAT License

L.18 Wetland Dredge and Fill W.31 Global ChangeL.8 Containment OptionsB.8 User Fees

L.5 RV Waste Reduction L.17 Dredge and Fill Authority W.27 Other Monitoring Tools

L.4 RV Pumpout L.16 Water-use Reduction W.26 Indicators

Abbreviations: Mangmt., Management; Res., Resource; Sfc. Surface.

Note: Strategies may appear in more than one action plan.

12


scope of potential regulations. For example, of the6,400 written comments received on the draft plan,over 50% addressed the operation of personalwatercraft within the Sanctuary. Another 10% of thecomments addressed the proposed Key LargoReplenishment Reserve in the draft marine zoningplan contained in the DMP/EIS.

The final preferred alternative reflects changesbased on public comment and the recommendationsfrom the Sanctuary Advisory Council and thereforediffers from the draft preferred alternative. Thesignificant differences in each of the 10 action plansare described below as well as their environmentaland socioeconomic impacts. The most significantchanges occur in the regulatory, zoning, and sub-merged cultural resources action plans with addi-tional changes occurring in the rest of the actionplans.

Summary by Action Plans

Channel/Reef Marking Action Plan

The Channel/Reef Marking Action Plan establishesan important management tool to identify areas thatneed channel markers and reef warning markers,and a process to select, install and maintain aneffective channel/reef marking system for boatersSanctuary-wide. It is well known that wide scaledamage to shallow water marine resources, particu-larly seagrass beds and coral reefs, has occurredthroughout the Florida Keys due to careless opera-tion of vessels. Thousands of acres of seagrass havebeen impacted by propeller scars and significantcoral reef formations have been destroyed fromdirect contact by vessels. Analysis of the patterns ofshallow water marine resource damage indicatesthat in many cases, these injuries could have beenavoided through the appropriate placement ofchannel or reef warning markers to indicate the bestroute through shallow, sensitive areas.

This action plan identifies background data andanalysis necessary to identify areas that wouldbenefit from channel/reef marking, establishes thecriteria that will be used in determining priorities ofnew channel/reef markers, creates a mechanism torecommend and install new channel/reef markersand evaluates the effectiveness or potential impact ofchannel marking projects. Much of the data andanalysis component of the action plan has alreadybeen completed. The primary mechanism for theimplementation of the activities identified in thisaction plan is the creation of a Channel/Reef Marking

Working Group (CMWG), comprised of representa-tives from each of the major governmental entitiesinvolved with channel/reef marking as well asrepresentatives of affected citizen and user groups.

The goal of additional channel/reef marking in well-defined and prioritized locations is to reduce thedamage to shallow-water resources. However,careful monitoring must be carried out to evaluatethe effectiveness of the Channel/Reef markingprogram to insure that the markers are having thedesired result. Markers that are found to increaseshallow-water resource damage by attracting addi-tional boating activity will be removed.

The installation of a channel/reef marking system willhave very positive environmental benefits by protect-ing the seagrass communities which serve asimportant nursery areas for significant recreationaland commercial species of fish and shellfish. Thisaction plan will also have a very positive socioeco-nomic benefit in that it will provide protection to someof the most significant resources of the Sanctuarythat are necessary to support the recreational andcommercial interests of the Keys. A Channel/ReefMarking Program will reduce the incidence of vesselgroundings which should have a positive economicimpact on boaters since significant costs associatedwith damage to private vessels will be avoided. Theplan may have a slight negative economic impact onthe towing/salvage industry due to the anticipatedreduction in the number of vessel groundings, but anoverall positive socioeconomic benefit to the area byprotecting the marine resources from the type ofimpact.

Education and Outreach Action Plan

One of the primary mandates of the Florida KeysNational Marine Sanctuary and Protection Act is toeducate the public about the marine environmentsurrounding the Keys. The diverse habitats, re-sources, and unique setting of the Keys offersopportunities for the interpretation of marine subtropi-cal and temperate environments. Education andoutreach efforts are extremely important resourceprotection tools. By fostering a sense of stewardship,resource managers can involve the public in reach-ing the goal of a sustained and healthy environment.

The goal of the Education and Outreach Action Planis to protect marine resources by promoting a holisticview of the Keys’ ecosystem as an interrelated andinterdependent system of habitats, and by encourag-ing and promoting a sense of stewardship regarding


13

the marine environment. By implementing thesestrategies adverse impacts on Sanctuary resourceswill be reduced.

Changes to this action plan included a name change:outreach was added. Commentors recognized theimportance of public outreach in an area where thereis such heavy use of the resources by local residentsand by vast numbers of tourists. Clearly, the educa-tion of the general public and user groups that mustbe reached in a very short time frame calls for theuse of outreach strategies. In addition, a number ofsuggestions coming from the local education com-munity have been integrated to better addresslearner outcome goals. Some comments suggestedthat products developed through this plan be multi-lingual when necessary and appropriate.

Other comments included increasing the priority ofestablishing a Sanctuary Advisory Board and theneed for utilizing the existing network of educatorsand environmental education organizations andinstitutions already in place. NOAA has revised thedocument to reflect these comments.

The benefits of the Education and Outreach ActionPlan are enormous. Fostering a sense of steward-ship in a global community benefits all aspects ofresource management, because an informed publicis less likely to inflict negative impacts on the marineresources. Costs incurred for educational andoutreach needs are nominal in the light of theexponential benefits of a skilled and knowledgeablepublic.

Enforcement Action Plan

Since 1980, the Sanctuary Enforcement Program inFlorida has operated under a cooperative agreementwith the State. In addition to enforcing local and statelaws, Sanctuary enforcement officers possess theauthority to enforce the National Marine SanctuariesAct and other NOAA statutes that apply within thesanctuary. The State/Federal agreement on enforce-ment can be found in Appendix J of Volume III.

The goals of the Enforcement Action Plan are: (1) toprotect sanctuary resources by increasing thepublic's understanding of the importance of sanctu-ary regulations, achieving voluntary compliance; and(2) promote public stewardship of the marine re-sources through interpretive enforcement.

Enforcement officers apply an "interpretive enforce-ment" strategy when patrolling waters or speaking tocitizens. This approach seeks voluntary compliance

with sanctuary regulations by educating users aboutregulations, why they should comply, and how theycan comply. Reaching out to the sanctuary commu-nity through educational messages and literaturereduces the number of violations, and fosters asense of stewardship among Sanctuary users.

Changes to the Enforcement Action Plan were madein response to comments received. General com-ments were also received which stated that NOAAwould never be able to fund the number of enforce-ment officers necessary and thus funding should begeared more toward education. NOAA agrees thatenforcement of existing and new regulations will beboth a physical and fiscal challenge. In order toprotect the natural resources and look after thesafety of the visitors and themselves, it is expensiveto put uniformed officers on the water with all theequipment they are required to have to accomplishtheir jobs. These limitations serve as good remindersas to why it is important to maximize on coordinatingall the marine protection efforts of enforcementagencies in the Keys. This coordination and sharingof human and material resources will have a positiveenvironmental benefit in that there will be bettercoordinated efforts directed at resource protection.An example is the status of the current enforcementprogram for the Sanctuary where the SanctuaryOfficers are FDEP Florida Marine Patrol Officers thatare cross-deputized to enforce both State andFederal regulations. This arrangement has saved oncreating duplicate communications systems, training,administrative costs, etc. and has resulted in a costsavings to the public. There will also be other verypositive socioeconomic benefits that will come fromsharing of costly material resources between agen-cies rather than the continued purchase or replace-ment of these resources.

NOAA also agrees that it is important to investfinancial resources into education as a criticalcomponent of the enforcement program. That isspecifically why National Marine Sanctuaries relyheavily on all the various management programssuch as those outlined in this management plan toachieve its goals. NOAA will continue to use aneducational and interpretive approach to enforce-ment to protect the resources of the Sanctuary, as ithas at Key Largo NMS for 20 years and Looe KeyNMS for 15 years.

No less than eight different enforcement agencieshave jurisdiction within the Sanctuary. The Enforce-ment Action Plan calls for expanded coordinationamong all these agencies through an enforcementtask force and more comprehensive protection

14


through cross-deputization of the various agencies tosupport one another in resource protection. Thedirect benefits include improved resource protection,greater public support, and savings to the taxpayers.

Mooring Buoy Action Plan

Mooring buoys have been shown to be an effectivemanagement tool to minimize the damage to coralreefs and other sensitive marine resources resultingfrom careless and/or inappropriate anchoring prac-tices. However, concerns have been raised recentlythat the improper use of mooring buoys may havethe potential to negatively impact marine resourcesby attracting more boaters, divers, and fishermenthan would have previously used the areas wherethey are placed. This plan will establish a methodol-ogy for identifying areas appropriate for locatingmooring buoys and managing boating activities nearcoral reefs so that the negative impacts will beminimized.

In response to numerous public comments the thirdof three mooring buoy strategies (R.5: CarryingCapacity) has been deleted from the Mooring BuoyAction Plan. Although many commentors wrote abouttheir concerns that the Keys had exceeded theircarrying capacity for a healthy environment, othersfelt that mooring buoys were not necessarily themechanism for limiting impacts until further researchis complete. NOAA has agreed, and consistent withthe SAC recommendations has moved the CarryingCapacity strategy into the Research and MonitoringAction Plan. There the impacts from use of theresources versus the changes due to water qualityand environmental changes can be identified andaddressed.

Mooring buoys are one of the most basic and costeffective mechanisms for reducing physical impactsin sensitive areas. Beginning in the early 1980’sNOAA began installing mooring buoys on coral reefsto prevent anchor damage. This has had a verypositive environmental benefit in that mooring buoysprovide direct protection to living corals from theimpact of anchors. The designation of the FKNMS ispartially the result of Congress’ recognition of thevulnerability of the coral reefs to direct impacts fromhuman use such as anchor damage. The environ-mental benefits will be high, and the socioeconomicbenefits will be positive, in that mooring buoys willprevent the continued degradation reefs are receiv-ing from more and more boat anchors.

The amount of protection that corals receive from theuse of mooring buoys far outweighs their financial

cost. Additionally, as in the past the Sanctuary willencourage private and nonprofit mooring buoymaintenance programs. Sanctuary staff have trainedvarious nonprofit groups such as Reef Relief in thetechniques of mooring buoy installation and haveassisted these groups in the installation of mooringbuoys in their areas. This relationship has been verypositive in protecting coral reefs, developing partner-ships within the community, and serving as a way toget outside funding for this important means ofresource protection.

Regulatory Action Plan

The Regulatory Action Plan is divided into twosections. One section discusses the strategiesdeveloped in the MP/EIS planning process thatcontain a regulatory component and the secondcontains the regulations. Public comments focusedon the draft regulations contained in the secondsection. Therefore, this Final Management Plan andanalysis is specific to the public comments made onthe draft regulations.

Drawing upon 20 years of management experiencein the Key Largo and Looe Key Sanctuaries, NOAAdeveloped regulations that protect natural andhistoric resources. Along with education and re-search, regulations are an integral tool for managinghuman activities in National Marine Sanctuaries. Thisregulatory section is based on the revisions made tothe draft plan resulting from the public review pro-cess. The regulations have been developed tocomply with the goals and objectives set forth in theFlorida Keys National Marine Sanctuary and Protec-tion Act and the National Marine Sanctuaries Act.The FMP/EIS is also the result of a careful balancingof resource protection and compatible multiple uses.

In addition to establishing new regulations, NOAAintends to utilize, to the extent possible, existingregulations under Federal, State, and local laws thatalready regulate some portion of the actions calledfor in specific management strategies. Becausecoordination with existing authorities is an importantcomponent of comprehensive ecosystem manage-ment, the Sanctuary regulations will supplement, notreplace, existing authorities.

The Final regulations address 19 of the 53 manage-ment strategies that have a regulatory component inthe FMP/EIS. The other 34 strategies are eitherregulations that have already been established byanother agency, or strategies that need scientificanalysis before they can be implemented.


15

The regulatory action plan is intended to establish acomprehensive and coordinated regulatory programfor the FKNMS to ensure the protection and use ofSanctuary resources in a manner that:

• complements existing regulatory authorities;

• facilitates all public and private uses of theSanctuary that are consistent with the primaryobjective of resource protection;

• utilizes a system of temporal and geographiczoning to ensure effective site-specific re-source protection and use management;

• ensures coordination and cooperation betweenSanctuary management and other Federal,State, and local authorities with jurisdictionwithin or adjacent to the Sanctuary;

• achieves simplicity in the regulatory processand promotes ease of compliance with Sanctu-ary regulations;

• promotes mechanisms for making informedregulatory decisions based on the best avail-able research and analysis, taking into accountinformation about the environmental, eco-nomic, and social impacts of Sanctuaryregulations; and

• complements coordination among appropriateFederal, State, and local authorities to enforceexisting laws that fulfill Sanctuary goals.

There are a number of existing Federal and Stateconservation laws that either partially or entirelyaddress some regulatory components of the variousmanagement strategies. NOAA’s Final regulationssupplement existing laws and regulations and avoidunnecessary duplication except in instances whereagencies involved in the planning process specifi-cally requested an overlap of Sanctuary regulations.Clearly, effective enforcement of relevant existingFederal, State, and local regulations will be importantfor maintaining the health of the Sanctuary.

Generally speaking, the suggested changes to thedraft regulations are not substantial in scope andNOAA has made every attempt to address thesignificant concerns raised regarding the draftregulations. This section includes a description of therevisions to the draft regulations. Also included is adiscussion of the expected environmental andsocioeconomic consequences of the regulationsestablished for the Sanctuary in this Final Manage-

ment Plan. A longer discussion of the environmentalconsequences is contained in Volume II and anexpanded discussion of the socioeconomic conse-quences for the regulations is contained in AppendixM, Volume III.

The Sanctuary regulations are found in the Regula-tory Action Plan (Volume I) Part 922, Subpart P -Florida Keys National Marine Sanctuary. It is impor-tant to note that the regulations are divided intosections based on their specific intent. The Prohib-ited Activities section is divided into two sections: (1)Prohibited activities - Sanctuary-wide; and (2)Additional activity regulations by Sanctuary area(zone). The Sanctuary-wide prohibitions includeregulations that prohibit, restrict, or manage: oildrilling; injury or removal of coral or live rock; alter-ation or construction on the seabed; dischargingmaterials such as pollutants; operation of vessels;diving without a flag; release of exotic species;tampering with markers; removing or injuring Sanctu-ary historical resources; taking or possessing pro-tected wildlife; possession or use of explosives orelectrical charges; interfering with law enforcementofficers; and adoption of the state regulations ontropical fish and marinelife collecting throughout theSanctuary. The second Prohibited Activities sectionare regulations that specifically address manage-ment needs for each area type. These regulationsare especially useful in focusing managementactions in geographically concentrated areas whichwill be environmentally beneficial in these areas. Byconcentrating the regulations in zoned areas thebroader socioeconomic consequences on any usergroup will be lessened or eliminated. For example,during the 1991 scoping hearings for the Sanctuary,members of the public expressed a broad range ofconcerns about spearfishing. Some wantedspearfishing prohibited throughout the Sanctuary,while others wanted no restrictions on spearfishing.The no-take Sanctuary zones help balance theseconcerns. By prohibiting spearfishing in the heavilyused areas of the coral reef, NOAA will provideenvironmental protection from this activity and therewill be positive environmental benefits. However, byallowing spearfishing in the other parts of the coralreef that experience fewer users, the socioeconomicconsequences will be lessened by using the zoningconcept.

The following are specific changes to the draftregulations that appeared in the DMP/EIS. As part ofthe Administration’s regulatory streamlining, techni-cal changes to the format of the Sanctuary regula-tions have been made to incorporate the draftFKNMS regulations into 15 CFR Part 922 (National

16


Marine Sanctuary Program Regulations), as opposedto the FKNMS regulations standing alone in Part929. Sections 922.3, 922.42, 922.45, 922.46 and922.50 are found in Subparts A and E of 15 CFRPart 922 and apply to all sanctuaries and are verysimilar to provision of the draft FKNMS regulations.Sections 922.160, 922.161, 922.162, 922.163,922.164, 922.165, 922.166, 922.167, and 922.168are sections applicable only to the FKNMS and willappear in a new Subpart P to 15 CFR 922.

§ 929.1 Purpose (Now § 922.160). (No otherChange)

§ 929.2 Boundary (Now § 922.161). (No otherChange)

§ 929.3 Definitions (Now § 922.3 - Definitionsapplicable to all National Marine Sanctuaries; and§ 922.162 - Definitions applicable to the Florida KeysNational Marine Sanctuary only). (Revised)

The definitions in this section have been separatedinto those definitions applicable to all National MarineSanctuaries (§ 922.3), including the Florida KeysNational Marine Sanctuary, and those definitionsapplicable only to the Florida Keys National MarineSanctuary (§ 922.162).

New definitions including those for corals, coralareas, coral reefs, hardbottoms, and residentialshorelines were added to the Final ManagementPlan. These revisions were made based on publiccomments and to clarify the applicability of theregulations. The revisions should have no additionaladverse impacts on the environment or Sanctuaryusers.

§ 929.4 (Now § 922.42) Allowed activities. (Thissection was revised based on recommendationsfrom the SAC and has been incorporated into thesanctuary program regulations of general applicabil-ity in 15 CFR Part 922, Subpart E)

§ 929.5 (Now § 922.163) Prohibited activities -Sanctuary Wide (Revisions Made)

There were some revisions to the Sanctuary-widedraft regulations based on the public review of theDMP/EIS. These changes were made in the opera-tion of vessels section of the Sanctuary-wide prohib-ited activities. Anchoring on corals is a threat to thehealth of coral reefs in the Florida Keys. This isespecially true in areas of concentrated vessel use.Mooring buoys have been installed on some heavilyused reefs to prevent anchor damage (see Mooring

Buoy Action Plan, Volume I). Commentors indicatedthat this was not a practical solution for all the areaswhere fishermen conduct their activities, especiallyover some of the deeper reef habitats. However,anchoring on corals can be addressed in someareas where the boat operators should be able tosee the bottom. Visibility of the bottom is now anelement of the prohibition.

Since prohibiting anchoring on corals throughout theSanctuary would be overly-restrictive and wouldhave serious socioeconomic impacts on users,NOAA proposed draft regulations that prohibitedanchoring a vessel on coral, in depths less than 50feet. Reviewers of the draft plan, including the SAC,said this was too restrictive, especially in the LowerKeys where visibility often prevents a boat operatorfrom being able to see the bottom at such depths.This is not the case in much of the Upper Keys, butstill applies on some days when low visibility occurs.There would be greater environmental benefits fromhaving this protection in all waters shallower than 50feet. However, this regulation would have serioussocioeconomic consequences in areas that are usedregularly by fishermen when they can’t see thebottom.

In the Final Plan, NOAA has restricted anchoring avessel on coral in depths less than 40 feet of waterwhen visibility is such that corals on the seabed canbe seen. This prohibition does not apply to anchor-ing on hardbottom. The SAC recommended thisregulation in their comments to NOAA, while somegroups requested the prohibition apply throughoutthe Sanctuary, and others wanted no prohibition atall. This alternative will have positive environmentalbenefits by preventing anchor damage to coral reefs,thus protecting these resources from a source ofdirect impact that can be prevented. The socioeco-nomic consequences of this restriction will not haveany direct economic impact on the visitor, but theoverall, long-term economic benefit to society fromprotecting these important resources from anchordamage will far outweigh any inconveniences ofhaving people be careful when they are droppingtheir anchors.

Fifty one percent (51%) of the public comments onthe DMP/EIS addressed the issue of personalwatercraft (PWCs or jet skis). The majority of themrequested that NOAA not single personal watercraftout in its final regulations. Many of the public com-ments reminded NOAA that personal watercraftowners and users should act responsibly. Othersasked that NOAA severely restrict, or even prohibitthe operation of personal watercraft within the


17

Sanctuary. NOAA also received comments notingfrequent environmental nuisance and safety issuesassociated with the operation of personal water craft.These included: reckless operating behavior, harass-ment of endangered and other species, harassmentof other boaters (including disruption of fishing onflats), and noisy operation in canals and adjacent toresidential shorelines. These commentors requestedlimiting and restricting or banning the use of personalwater craft within the Sanctuary.

NOAA has developed a multi-prong approach toaddress the public’s concern about the use ofpersonal water craft. NOAA has accepted the SAC’srecommendation to add a new section to the finalregulations which prohibits reckless operation ofwatercraft. Additionally, Section 929. 5 (a)(5) (now§ 922.163 (a)(5)) has been modified to prohibitoperating a vessel at greater than idle speed only/nowake within 100 yards from residential shorelines,stationary vessels (except in marked channels) andnavigational aids marking emerging or shallow reefs.NOAA has also incorporated into its regulations theability to address negligent behavior and the author-ity to enforce all idle-speed only/no wake zonesestablished throughout the Sanctuary. NOAA will usethe existing county and State process for designatingthese zones and it is likely that these areas will beused to restrict personal watercraft in certain residen-tial and other areas where they continue to be anuisance or safety problem. The industry has indi-cated it is seriously committed to “self regulation” andis willing to work with NOAA to develop successfuleducational efforts geared toward changing userbehavior. In particular, the PWC industry agreed towork with Sanctuary staff to establish criteria for themanagement of commercial PWC rental operations.The final component of NOAA’s approach to PWC’sis a modification of the SAC’s recommendations . Ifinitial efforts are not successful at significantlyreducing or eliminating the nuisance and safetyproblems, NOAA will consider implementing broadzoning restrictions consistent with SAC recommen-dations. Such zoning has been successfully imple-mented in the Monterey Bay National Marine Sanctu-ary.

Based on its review of the public comments andconsideration of the SAC recommendations, NOAAhas established a series of regulations that addressthe operation of all vessels, including personalwatercraft.

In the DMP/EIS, NOAA did not single out PWCsbecause other vessels used inappropriately alsocould impact the resources and users of the Sanctu-

ary. Instead, NOAA proposed prohibiting the opera-tion of all vessels at a speed greater than idle speedonly/ no-wake within a residential canal, within 100yards of the red and white “divers down” flag (or theblue and white “alpha” flag in Federal waters), orwithin 200 yards of:

• residential shorelines,

• mangrove fringed islands,

• stationary vessels, or

• signs indicating emergent or shallow reefs.

NOAA received considerable public comment on thisdraft regulation designed largely to address userconflicts and impacts to Sanctuary resources. A largenumber of commentors felt the 200 yard distancewas impractical, especially in the Lower Keys wherethere are many islands with less than 400 yardsbetween them and this restriction would create aburden. Boat operators would in some instances beforced to motor long distances at idle speed. Thiscould potentially have adverse environmentalimpacts, especially in areas where it would be tooshallow for conventional propeller driven boats tomotor without remaining on a plane. There are manyareas in the Lower Keys that will not be marked withchannel markers, yet boaters need to transit throughthem. This restriction would have socioeconomicimpacts on users and little environmental benefit.NOAA agrees and has made the following revisionsin the Final Plan. The final regulation will prohibitoperating a vessel at a speed greater than idle speedonly/no-wake, except in marked channels and otherless restrictive marked areas:

• in areas designated idle speed only/no wakezones;

• within 100 yards of navigational aides indicat-ing emergent or shallow reefs (internationaldiamond warning symbol);

• within 100 feet of the red and white “diversdown” flag (or the blue and white “alpha” flag inFederal waters);

• within 100 yards of residential shorelines; or

• within 100 yards of stationary vessels.

In developing this final regulation, NOAA consideredthe existing regulations in the USFWS Refuges in theLower Keys regarding the operation of vessels near

18


sensitive mangrove islands and their regulation thatprohibits PWCs in some areas. The zoning (WMAs)regulations address the operation of vessels andPWCs in the Lower Keys Refuges. Therefore, theregulations on operation of vessels within 100 yardsof residential shorelines and stationary vessels isconsidered to address resource impacts and userconflicts. Since mangrove fringed islands are nolonger included in the final regulations, the geo-graphical orientation of the Lower Keys with narrowpasses between islands will not create a burden onusers who need to transit long distances to the Gulf.Considering that 19 of the Wildlife ManagementAreas fall within this Lower Keys Region, wherevessel access and operation are already managed,NOAA feels that complementing the USFWS regula-tions in the WMAs will have positive environmentalbenefit and low socioeconomic losses.

Additional regulations on the operation of vessels willinclude: (1) a prohibition on operating a vessel insuch a manner as to injure, take or cause distur-bance to wading, roosting, or nesting birds, or marinemammals; and (2) operating a vessel in a mannerwhich unreasonably or unnecessarily endangers life,limb, marine resources, or property, including but notlimited to, weaving through congested vessel traffic,jumping the wake of another vessel unreasonably orunnecessarily close to such other vessel or whenvisibility around such other vessel is obstructed, orwaiting until the last possible moment to avoid acollision. These regulations will have positive envi-ronmental benefits and the socioeconomic impactswill be high if some action is not taken to manageoperation of vessels.

The final regulations on the operation of vessels willhave strong environmental benefits by preventing theharassment and disturbance of wildlife in the Sanctu-ary. This is particularly true along mangrove fringedshorelines and in shallow nearshore habitats. Herevessels operated too close to the mangroves causethe flushing of nesting birds, leaving their eggsexposed to extreme temperatures with resultant lossof the clutch of eggs. This unnecessary impact willbe lessened by the regulations. NOAA feels thisapproach to regulating the operation of all vesselswill have the least amount of socioeconomic conse-quences on any one user group with the greatestenvironmental benefits directed at protecting thewildlife resources of the Florida Keys.

§ 929.6 (now § 922.164) Additional Activity Regula-tions by Sanctuary area. (Revisions Made)

The regulations in the Final Management Plan for thezones primarily changed in geographical extent andnumber of specific zones, as opposed to the specificregulations within the different zones. Thosechanges are described in detail in the discussion ofthe Final Zoning Action Plan later in this volume. Theenvironmental consequences and the socioeconomicbenefits of each of the zones are discussed in theZoning Action Plan description of this chapter. Thesetopics are also discussed more extensively inVolume III, Appendix M.

In the Final Management Plan the following regu-lated activities are those that were revised for theEcological Reserves and the Sanctuary PreservationAreas as a result of public comment, includingcomments from the SAC:

• Possessing, moving, harvesting, removing,taking, damaging, disturbing, breaking, cutting,spearing, or otherwise injuring any coral,marine invertebrate, fish, bottom formation,algae, seagrass or other living or dead organ-ism, including shells, or attempting any ofthese activities. However, fish, invertebrates,and marine plants may be possessed aboard avessel in an Ecological Reserve or SanctuaryPreservation Area, provided such resourcescan be shown not to have been harvestedwithin, removed from, or taken within, theEcological Reserve or Sanctuary PreservationArea, as applicable, by being stowed in acabin, locker, or similar storage area prior toentering and during transit through suchreserves or areas.

• Except for catch and release fishing by trollingin the Conch Reef, Alligator Reef, SombreroReef, and Sand Key SPAs, fishing by anymeans. However, gear capable of harvestingfish may be aboard a vessel in an EcologicalReserve or Sanctuary Preservation Area,provided such gear is not available for immedi-ate use when entering and during transitthrough such Ecological Reserve or SanctuaryPreservation Area, and no presumption offishing activity shall be drawn therefrom.

These revisions to the draft regulations are based onconsiderable public comment and are intended tolessen the socioeconomic impact on fishermen whoneed to transit these zones with their catch andfishing gear. Allowing this exception will not result inany additional environmental consequences.


19

In regards to allowing catch and release fishing bytrolling in some Sanctuary Preservation Areas (SPA)and allowing baitfishing by net for ballyhoo in allSPAs, NOAA has attempted to lessen the socioeco-nomic impact of the proposed regulations with limitedenvironmental consequences. These actions weresupported by the SAC’s comments on the DMP/EISand address comments from the public, particularlyfishermen and related bait businesses.

The Preferred Alternative in the DMP/EIS did notallow any catch and release fishing in the SPAs.During the public review of the draft plan NOAAreceived considerable public comment about thisissue. Many commented that NOAA should allowcatch and release fishing while other commentorsraised concern about the environmental impact fromthe activity of catching and then releasing fish.Although estimates vary about the percentage ofmortality of fish caught and released, NOAA hasconsidered the SAC’s recommendation to allowcatch and release fishing in “specified SPAs.” NOAAfurther looked at aerial census data (1994, FDEPand TNC work in progress) and considered thepublic comment on the draft plan and selected fourSPAs to leave open to catch and release fishing bytrolling. This will give NOAA areas to compare andcontrast this activity between areas where catch andrelease fishing is allowed and not allowed in order todetermine its short and long-range impact. ConchReef, Alligator Reef, Sombrero Key, and Sand Keywere selected partially on aerial census data andinformation gathered from the public comments.NOAA feels this allowed activity will have someadverse environmental impacts, but determined thesocioeconomic benefits gained by the charterboatoperators will outweigh the environmental loss whilethis activity is being assessed. Presently, thecharterboat operators rely on the shallow reefs toprovide fishing action when conditions are such thatthe boats can’t operate offshore, or when otherpelagic species of fish are not running. By allowingthis activity, this socioeconomic impact will belessened.

In the DMP/EIS NOAA prohibited baitfishing in SPAs,through the overall prohibition against taking any-thing in these areas. However, during the publiccomment process NOAA gained considerableknowledge about this activity and the importance ofthe SPAs for providing live bait for offshore, pelagicfishing. The recreational charter fishing industryrelies heavily on its access to live bait along the coralreef tract when pelagic species of fish are migratingthrough the Keys. There was considerable publiccomment requesting NOAA allow the harvest of

ballyhoo by nets in the SPAs. During the reviewprocess NOAA staff accompanied fishermen on thewater for a firsthand look at ballyhoo fishing activity.Consequently, NOAA will allow ballyhoo fishing bynet in the SPAs. The activity will be permitted with ano-cost, locally issued permit that fishermen canobtain at one of the Sanctuary offices. Due to thehigh migratory nature of baitfish across the SPAs,NOAA feels this harvesting activity will have lowenvironmental impact on the resources and it willhave high socioeconomic benefits associated with it.

There was some public concern about the ability ofthe Director or his designee to close SPAs to publicaccess for a period of time. This issue was raised bythe SAC and the general public as one that couldhave serious socioeconomic impacts on their activi-ties. In public comments, there was a generalrequest to establish some kind of time limit orprocess to close areas to public access for emer-gency reasons. NOAA has agreed and has revisedthe regulation to read as follows:

The Director will provide public notice of the restric-tion by publishing a notice in the Federal Register,and by such other means as the Director may deemappropriate. The Director may only restrict access toan area for a period of 60 days, with one additional60 day renewal. The Director may restrict access toan area for a longer period pursuant to a notice andopportunity for public comment rulemaking under theAdministrative Procedure Act. Such restriction willbe kept to the minimum amount of area necessary toachieve the purposes thereof. In addition, the draftCo-Trustee Agreement with Florida has been modi-fied so that the State is consulted prior to suchdesignations, and the Governor has the authority tore-open temporary closures in State waters.

§ 929.7 (Now § 922.165) Emergency Regulations.(Revisions Made)

There was some public concern about the ability ofthe Director or his designee to establish emergencyregulations which could affect access or activities.This issue was raised by the SAC and the generalpublic as one that could have serious socioeconomicimpacts on their activities. In public comments, therewas a general request to establish some kind of timelimit or process to close areas to public access foremergency reasons. NOAA has agreed and hasrevised the regulation to read as follows:

Any such temporary [emergency] regulation may bein effect for up to 60 days, with one 60-day exten-sion. Additional or extended action will require notice

20


and comment rulemaking under the AdministrativeProcedure Act, notice in local newspapers, Notice toMariners, and press releases.

§ 929.8 (Now § 922.45) Penalties. (This section issubstantively the same as that in the draft, but hasbeen incorporated into the sanctuary programregulations of general applicability at 15 CFR Part922, Subpart E)

There was some public comment, including commentfrom the SAC, requesting that NOAA publish apenalty schedule for the Sanctuary in the Final Plan.The issue that prompted this request by the publicand the SAC was NOAA’s authority to collect$100,000 per day per infraction. There was a misun-derstanding in some public comments that this wouldbe the amount NOAA would seek for each infraction.NOAA has encouraged the public and SAC to reviewthe penalty schedule established for the Key Largoand Looe Key NMS as a general reference for theapproximate level of penalties applied historically inthose Sanctuaries. NOAA’s Office of General Coun-sel will develop a penalty schedule for the Sanctuaryand it will be available to the public.

Penalties for regulations established under theNMSA are created under civil law and therefore differfrom some those established under other Federal/State jurisdictions within the Sanctuary. This willhave both positive environmental benefits and overallpositive socioeconomic benefits for the Sanctuary.The resources of the Sanctuary will receive a greaterlevel of protection by providing civil authority to otheragencies through cross-deputization. Enforcement ofregulations is best facilitated by agencies crossdeputizing to enforce civil penalties.

Civil authority and coordinated enforcement underthe NMSA have positive socioeconomic impacts onsociety in general in that there are cost savings tothe public when agencies can share authorities andcombine human and material resources. The Sanctu-ary regulations provide supplemental civil penaltyoptions. In some cases, civil may be more appropri-ate than criminal. In some cases, use of both civiland criminal may be appropriate. The resources canbe better protected when there are more options forindividuals enforcing the regulations. This, in turn,should lead to greater environmental and socioeco-nomic benefits.

Civil authority lends itself more freely to an educa-tional and interpretive approach to enforcement ofregulations in National Marine Sanctuaries. Simplythe message that something is a Sanctuary violation

is all that is needed to gain compliance of the vastmajority of Sanctuary users.

§ 929.10 (Now § 922.166) National Marine Sanctu-ary Permits - Application Procedures And IssuanceCriteria. (Revisions Made)

Permits are required in National Marine Sanctuariesfor conducting activities that are prohibited bysanctuary regulations. NOAA has worked with theState of Florida to identify specific areas for permitsthat would be certified and authorized for the conductof activities that would normally be prohibited withinthe Sanctuary. In an effort to reduce the burden ofpermitting, NOAA has also identified other agencieswith whom to coordinate permitting activities. Forexample, regarding placement of artificial reefs,NOAA reviews and consults with the USACE onpermitting of this activity within the Sanctuary. TheSanctuary is particularly concerned with site selec-tion. Its other concerns are largely addressed bystrict compliance with the NMFS/USACE ArtificialReef Plan. Similarly, in regards to “live rock” aquacul-ture sites, the Sanctuary reviews and consults withthe NMFS permitting process for these activities.NOAA is establishing a permitting system thatmaximizes use of existing systems and therefore isnot expected to have a significant incrementalsocioeconomic impact on the public.

In addition to permits for research, education,salvage and recovery operations, and management,a Sanctuary general permit may now also be issuedfor an activity that otherwise furthers Sanctuarypurposes, including facilitating multiples use of theSanctuary, to the extent compatible with the primaryobjective of resource protection. To increase re-source protection, factors in the draft permit regula-tions that the Director considers in determiningwhether to issue a permit are now findings theDirector must make in order to issue a Sanctuarypermit. Further, the required findings will ensureapplications for Sanctuary permits to conduct other-wise prohibited activities will be evaluated equitablybecause the Director must address all the factorslisted in the regulations in making the requiredfindings.

Sections 929.11 and 929.12, pertaining to SanctuaryHistorical Resources permits and Special-usePermits, respectively, have been incorporated into§ 922.166 so there is only one permit section ad-dressing all types of Sanctuary permits. Thedeaccession/transfer of public historical resources toprivate permittees will be done through a Special-usePermit.


21

§ 929.11 National Marine Sanctuary HistoricalResources Permits - Survey/Inventory, Research/Recovery, Deaccession/Transfer - ApplicationProcedures And Issuance Criteria. (Revisions Made)

The SCR permit system manages all activities whichmay impact SCRs. The regulations prohibit theremoval or injury of Sanctuary historical resources.There are three types of permits which may beissued under this section, Survey/Inventory, Re-search/Recovery, and a Special-use Permit forDeaccession/Transfer.

In response to comments, this section was revised tomake the permit management system more prag-matic from the perspective of the commercial salvorswithout compromising the primary objectives ofprotecting the submerged cultural resources.

After consultation with the State of Florida, NOAAdeleted the regulatory provisions requiring a perfor-mance bond for all applicants. NOAA has alsomodified the regulations to clarify that other securityinstruments may be utilized in lieu of insurancepolicies. Additionally, NOAA modified regulatorylanguage to clarify that the scope of coveragerequired is for “potential claims for damages toSanctuary resources arising out of permitted activi-ties” and to clarify that the amount of insurance orsecurity should be reasonably equivalent with anestimated value of the Sanctuary resources in thevicinity of the permitted area and activities. Thesechanges should make the requirement more flexibleand thereby minimize some of the adverse socioeco-nomic consequences as compared to the draft plan.

This section has been incorporated into the Sanctu-ary permit section; § 922.166.

§ 929.12 Special-use permits. (This section has beenincorporated into the Sanctuary permit section;§ 922.166)

§ 929.13 Sanctuary Registry - Research Notice.(Deleted)

This section 929.13 was removed from the finalregulations because the Sanctuary registry is volun-tary and no regulation is necessary for its establish-ment.

§ 929.14 (Now § 922.167) Certification Of Preexist-ing Leases, Licenses, Permits, Approvals, OtherAuthorizations, Or Rights To Conduct A ProhibitedActivity. (No Change)

§ 929.15 (Now § 922.168) Notification And ReviewOf Applications For Leases, Licenses, Permits,Approvals, Or Other Authorizations To Conduct AProhibited Activity. (No Change)

§ 929.16 (Now § 922.50) Appeals Of AdministrativeAction. (This section has been incorporated into thesanctuary program regulations of general applicabil-ity at 15 CFR Part 922, Subpart E)

Research and Monitoring Action Plan

The main goal of the Research and MonitoringAction Plan is to provide the knowledge necessaryfor making informed decisions about protecting theSanctuary resources. Research and monitoring is theessential first step in taking stock of the wealthrepresented in Sanctuary resources and planning fortheir conservation and use. It will do this by estab-lishing an ecological monitoring program focusing onthe no-take zones, disseminating scientific findingsthrough a periodic report, permitting and coordinatingresearch activities, investigating fisheries impacts,and establishing a research program on carryingcapacity.

In response to public comments, minor changeswere made to the Research and Monitoring ActionPlan. Most public comments on the plan called formonitoring the no-take zones to determine theireffectiveness. Research and monitoring of the zoneswas emphasized in the plan to accommodate thiscomment. The Sanctuary Advisory Council re-quested that the carrying capacity strategy be addedto the plan which has been done. One State agencycommented on the Strategy F.3 (moratorium onstocking) stating that it would curtail the State’songoing queen conch stocking program. In response,the strategy was changed to call for permitting of allstocking programs.

The Research and Monitoring Action Plan in theFinal Preferred Alternative will provide better scien-tific information in a more timely manner than wascalled for in the Draft Preferred Alternative; therefore,resource protection will be enhanced through morewell-informed resource managers. Resource protec-tion should be further enhanced by the permitting ofresearch activities and the research on carryingcapacity. A great many people utilize the Sanctuaryresources for recreation as well as research; conse-quently, permitting prohibited activities will bothaccommodate multiple uses and minimize impacts toresources. Permitting procedures will create a minorburden in the way of paperwork for researchers andeducators. Research on carrying capacity will help

22


reduce impacts to resources. In summary, theResearch and Monitoring Action Plan will facilitateresource protection with minimal socioeconomicimpacts on users.

Submerged Cultural Resources Action Plan

NOAA is committed to protecting and preserving thenatural resources within its national marine sanctuar-ies, and is equally committed to its stewardship andtrustee responsibilities for the historical resources inthese areas. Such resources are defined as those“possessing historical, cultural, archaeological, orpaleontological significance, including sites, struc-tures, districts, and objects significantly associatedwith or representative of earlier people, cultures, andhuman activities and events" (15 CFR 922.2 (c)). Inthis action plan, the terms historical resources ,cultural resources, and submerged cultural resources(SCRs) are used interchangeably. Within the nation’snational marine sanctuaries, these resources includeshipwrecks that are part of both U.S. and worldhistory, as well as the remains of submerged prehis-toric cultures.

The Sanctuary’s submerged cultural resourcesencompass a broad historical range. Because of theKeys’ strategic location on early European shippingroutes, the area's shipwrecks reflect the history ofthe entire period of discovery and colonization. Thisrichness of historical resources brings a correspond-ing responsibility for protecting resources of nationaland international interest. Accordingly, the resourcesshould be managed for public benefit and enjoyment,while the historical-cultural heritage is preserved forthe future. Long-term protection requires a pre-cautionary approach to historical resource manage-ment, particularly when cultural information and/orthe artifacts may be destroyed or lost intentionally orunintentionally through various direct and indirectactivities. The Federal Archaeological Program orequivalent standards of conservation, cataloguing,display, curation, and publication must be assuredbefore the excavation of historically significantresources is permitted. Such projects are expensiveand labor-intensive, requiring specialists in the fieldsof archaeology, conservation, and museum work andhistoric shipwreck research and recovery. NOAAand the State will explore all public and privatepartnerships in fulfilling SCR management and willconsider private sector implementation, if it is deter-mined to be in the public’s interest.

Sanctuary Goals . The Sanctuary has a trusteeresponsibility for protecting the cultural resourceswithin its boundaries for current users and future

generations. Because cultural resources are nonre-newable, decisions affecting these resources mustbe made with a precautionary approach, and onlyafter careful and deliberate analyses of the potentialconsequences on long-term preservation.

The goals of the Florida Keys National MarineSanctuary’s Submerged Cultural Resources Programare to:

• gather sufficient information about the natureand extent of the area’s cultural resources toallow managers to make informed decisionsabout resource protection and management;

• interpret the history and culture of the Keys forthe public;

• allow/permit private-sector participationresearch, documentation, recovery, andcuration of cultural resources; and

• to develop a community-based stewardship forcultural resources in the Sanctuary.

NOAA and the State of Florida carefully balanced theenvironmental and socioeconomic consequences ofthe management alternatives , including a no actionalternative in developing a final SCR plan which isthe final preferred alternative. This plan is alsoconsistent with the resource protection and multipleuse mandates in the National Marine Sanctuaries Actand the Abandoned Shipwreck Act (ASA). To protectSCRs, the regulations prohibit the removal or injuryof Sanctuary historical resources. The environmentalconsequences should be positive for both SCRs andnatural resources. There will be adverse socioeco-nomic impacts to commercial treasure salvageoperators from this regulation. However, a SCRpermit system has been established to minimizethese impacts in a manner which is compatible withthe primary objective of resource protection.

The SCR permit system manages all activities whichmay impact SCRs. The Programmatic SCR Agree-ment further details the management of SCRs toaddress the concerns of the National Historic Preser-vation Act, section 106. While “treasure hunting” inits traditional sense is not permitted in the Sanctuary,the SCR plan does provide for limited public andprivate sector recovery of certain objects consistentwith the protection of natural and historical resourcevalues and particularly the environmental integrity ofthe shipwrecks and sites. The plan’s policy prefer-ence is it to preserve highly significant SCRs on site


23

within the Sanctuary and strictly regulate the recov-ery of SCRs to ensure that recovery is only permittedwhen determined to be in the public’s interest and isdone in an environmentally and archaeologicallysound manner. To ensure positive environmentalconsequences, there will be no recovery permitsissued in areas where there is coral, seagrass orother significant natural resources. However, tominimize the adverse socioeconomic impacts oncommercial treasure salvors, private recovery ofSCRs of low to moderate significance may bepermitted in other areas of the Sanctuary which arerelatively devoid of natural resources. Any SCR maybe recovered if they are threatened or may otherwisebe lost should they remain in the Sanctuary. In orderto ensure positive environmental consequences,such recovery efforts will be strictly regulated and willrequire that any highly significant resources bepreserved in a museum with public access consistentwith the standards of the Federal ArchaeologicalProgram. In order to minimize the socioeconomicimpacts to commercial treasure salvors, objects oflow to moderate historic or archaeological signifi-cance may be deaccessioned or transferred for saleor other disposition.

The final plan ensures that there will be SCRs in theSanctuary for research, education and recreationaluse. This should have positive environmental andsocioeconomic consequences. See the environmen-tal and socioeconomic impact analyses in Volume IIand the OIRA analysis in Appendix M of Volume III.

To ensure positive environmental consequences,there is no commercial salvage permitted in thezoned areas and other areas of significant naturalresources. To minimize adverse socioeconomicconsequences, commercial salvage is permitted butto ensure positive environmental consequences, it isonly permitted in areas relatively devoid of significantnatural resources.

The permits for private recovery and deaccession/transfer only apply to abandoned vessels. As atrustee for such resources, NOAA will continue torespect the interests of the owners of the vesselsand the sovereigns that represent those interestsconsistent with domestic and international law.Sunken warships and other public vessels entitled tosovereign immunity, regardless of location, remainthe property of the nation to which they belonged atthe time of sinking, unless that nation has takenformal action to abandon them or to transfer title toanother party. It is a long-standing Navy policy that itdoes not abandon its public vessels. Therefore, nopermits will be issued for the private recovery of

Navy vessels without the express written permissionof the Navy. In considering permits for the privaterecovery of other vessels entitled to sovereignimmunity, NOAA may require the express permissionof the appropriate sovereign representatives, orotherwise consider their interests in the vessel andits recovery.

In order to avoid adverse environmental conse-quences, commercial treasure salvage is strictlyregulated to prevent harm to natural resources fromvarious commercial treasure salvage methodologies,including “mail-boxing” (propeller dredging device).

Pursuant to consultation with the State of Florida,NOAA agreed to delete the regulatory provisionsrequiring a performance bond for all applicants.While the removal of this regulatory requirementshould reduce the costs for meeting the permitcriteria for most applicants, such performance bondmay still be reasonable and appropriate in certaincases where applicants have not finished projects orhave difficulty demonstrating their financial ability tocomplete the proposed project. In such cases, therewill be socioeconomic costs involved in getting thebond.

The general liability insurance is a statutory require-ment under Section 310 of the NMSA. However,commentors indicated that insurance companieswere not providing policies for such coverage. NOAAhas modified the regulatory provision in the finalregulations to clarify that other security instrumentsmay be utilized in lieu of an insurance policy so therequirement is more flexible. In addition, NOAAmodified regulatory language to clarify that the scopeof coverage required is for “potential claims fordestruction, loss, or injury to Sanctuary resourcesarising out of permitted activities” and to clarify thatthe amount of insurance or security should bereasonably equivalent with an estimated value of theSanctuary resources in the vicinity of the permittedarea and activities. These changes should make therequirement more flexible and thereby minimizesome of the adverse socioeconomic consequencesas compared to the draft plan.

With regard to the requirement that SCRs be publiclydisplayed, NOAA did not intend to require that allSCRs be publicly displayed for all time. Instead, itwas expected that this would be addressed in thecuration agreements and that standard museumpractices would be followed, consistent with theFederal Archaeological Program (FAP). The regula-tions have therefore been modified to indicate thatpermittees must provide public access and “periodic”

24


public display. The regulations also provide for apermit to deaccession certain SCRs. These changesmake the plan more flexible, pragmatic, and therebyreduce some of the socioeconomic impacts ascompared to the draft plan.

With regard to the requirement that a professionalarchaeologist be in charge of the archaeologicalresearch and recovery, that requirement has notbeen changed or modified. Recovery of historicaland cultural resources inherently involves thedestruction of contextual and other important ar-chaeological information. The only way that suchinformation is preserved through scientific recordingof the recovery efforts consistent with standardarchaeological principles. It is therefore imperativefor environmental and socioeconomic reasons that aprofessional archaeologist supervise the recoveryoperations to ensure preservation standards are met.That is not to say that, as supervisor, the archaeolo-gist needs to be on site at all times in every permit.However, the archaeologist needs to oversee theoperations. The public’s interest in the preservationof this archaeological information justifies the addi-tional socioeconomic costs to the permittee. Inaddition, the administrative record indicates thatmany commercial salvors already employ an archae-ologist, so the impact may be minimal.

With regard to the requirement of a professionalnautical conservator, the plan has been modified todelete “professional” and insert “authorized” assuggested in comments in order to provide moreflexibility in the permit system and allow for theconsideration of field experience. As the professionalarchaeologist is responsible for supervising theoperations, there appears to be no adverse environ-mental impacts to make this change which will makeit more flexible and thereby minimize the socioeco-nomic consequences as compared to the draft plan.

With regard to the impacts from a special use permit,Section 310 of the National Marine Sanctuaries Actprovides the authority for issuing Special UsePermits. The two criteria for Special Use Permits areset forth in Section 310 of the NMSA. Section 310also provides for the assessment of associated feeswhich are to cover the administrative costs as well asa fair market value return to the public for use ofpublic resources. Thus, while there will be adversesocioeconomic impacts to permittees, it is strictlyminimized to conform to those described in thestatutory provisions in NMSA Section 310.

With regard to the assessment of costs and waiver offees, in implementing Special Use Permit authority,

NOAA has the discretionary authority to considerwaiver of costs and/or fees on a case by case basiswhen permitted activities result in a public benefit,whose value can be determined. For example, in theSCR context, the preferred policy is that the SCR bepreserved on site. Waiver of fees for the removal ofSCRs which are not under threat is unlikely. How-ever, if it is determined that the SCR is being threat-ened by remaining in the Sanctuary, the researchand recovery would appear to be in the publicinterest and reduction and/or waiver may thereforebe considered in the cost and/or fee determination.The extent that private use is furthering resourceprotection, research, education and similar FKNMSmanagement strategies is given due consideration indetermining the amount of costs and fees. Thus, theplan contemplates the further consideration ofenvironmental and socioeconomic considerations inthe permit process.

Under the no action alternative, the recovery ofSCRs would require an Antiquities Act permit fromeither DOI or NOAA, in addition to requirementsunder the State contract system in State waters andAdmiralty Law in Federal waters. Extending theFlorida contract system and the division ratio (80%salvor- 20% State) uniformly throughout the sanctu-ary was considered as an alternative, but was notpreferred because it is inconsistent with the FederalArchaeological Program and with the AbandonedShipwreck Act Guidelines. Prohibiting commercialsalvage throughout the Sanctuary was also consid-ered and rejected for environmental and socioeco-nomic reasons indicated above, The SCR Plan is theresult of a careful balancing of resource protectionand reasonable accommodation for commercialsalvage in certain areas for certain SCRs. In devel-oping the draft plan, NOAA considered the threats tonatural and historical-cultural resources and soughtto develop strict regulations to ensure recovery wasenvironmentally and archaeologically sound, while atthe same time, propose a permit system that wassensitive to the socioeconomic considerations of thecommercial salvors and others. Similarly, in re-sponse to comments, additional changes were madein the final regulations and plan in an effort to makethe permit management system more pragmatic fromthe perspective of the commercial salvors withoutcompromising the primary objectives of protectingsignificant natural and historic Sanctuary resources.The permit conditions may be more rigorous than therequirements of the Admiralty court or the Statecontract system, and thus may involve additionalcosts, those permittees continue to work their sites.


25

revised to indicate that NOAA will also consider allpublic and private opportunities for accomplishing theinventory in a reasonable and cost-effective manner,including private sector funding through permits andotherwise.

Commentors suggested that the regulations ex-pressly state that no Sanctuary permit is required fornon-intrusive non-exclusive remote sensing activi-ties, but also suggested that the survey/inventorypermits expressly grant exclusive rights to explorethe permitted areas. It was also suggested that thesepermits provide for limited manual alteration of theseabed, including hand fanning, provided there is nonegative impact to coral, seagrass, sponges andother natural resources. The final plan clarifies thatnon-intrusive remote sensing is not prohibited.Therefore, the regulations expressly state that suchactivity does not require a permit. The regulations willindicate that permits may provide for limited manualalteration of the seabed, including handfanning,provided there is no adverse effect on Sanctuaryresources. Such activity will continue to be consid-ered on a case-by-case basis as part of the publicinterest balancing on whether to issue a permit andfor determining the appropriate conditions to protectresources and manage multiple uses.

Commentors suggested exclusive rights for a survey-inventory permit but also suggested that remotesensing not require a permit. NOAA cannot preventnon-intrusive remote sensing in an area unless itsprohibited in the regulations and the regulations donot prohibit remote sensing. However, NOAA and theState are cognizant of the underlying economicconcerns of applicants and permittees in investingand expending financial resources exploring. There-fore, in an effort to reconcile these comments, theregulations have been modified to indicate thatNOAA will not grant survey and inventory permits orresearch and recovery permits for areas covered byexisting permits, unless authorized by such permit-tee. There is no entitlement to these and otherpermits, rather it involves the discretionary authorityof NOAA and the State in granting a privilege whichis determined to be in the public’s interest.

Volunteer Action Plan

The Volunteer Program is designed to support theSanctuary Program’s efforts to improve publiceducation and awareness regarding the propertreatment of the area’s natural and cultural re-sources. Volunteers will provide a mechanism forincreasing the community’s involvement in Sanctuaryactivities, and represent a valuable resource that can

One of the alternatives suggested in comments wasthat all SCRs be removed from the Sanctuary. Thefinal policy preference under the FKNMS Plan,consistent with the preservation policy in the FederalArchaeological Program, and the resource protectionmandate in the NMSA is that SCRs be preserved onsite in the Sanctuary, unless the SCRs are underthreat and removal is required to preserve them. Asindicated above, there has been some accommoda-tion for commercial salvage in certain areas of theSanctuary and for certain SCRs to facilitate multipleuse of SCRs in this Sanctuary . Besides beinginconsistent with resource protection, the suggestionthat all or most of the SCRs be removed from theSanctuary is not consistent with the multiple usemandates of the National Marine Sanctuaries Actand the Abandoned Shipwreck Act and has thereforenot been incorporated. The Abandoned ShipwreckAct and the NMSA are both concerned about publicaccess to SCR for boaters, divers and others withinthe Sanctuary. The suggested change in policyappears to primarily benefit one special interestgroup, the commercial salvors. Access to Sanctuaryresources for members of the public unable to enterthe Sanctuary itself is accomplished through avariety of education and research products andmediums, including print, film, and computer informa-tional products. The public access goal does notrequire physical access to the SCRs, nor does itrequire their removal for land based exhibits. How-ever, as previously indicated, in this Sanctuary, theSCR plan provides for commercial salvage which willin turn result in the public display of certain recov-ered SCRs in museums and similar institutions ofpublic access.

Another management alternative suggested in thecomments was that the Florida Department of State/Bureau of Archaeological Resources have the leadresponsibility in the management of SCRs and thatNOAA’s role be limited to a financial assistance role.It was also suggested that the SCR inventory beaccomplished through the use of the private sector,when funding is available, in order to lessen theburden on taxpayers.

No change was made to the plan regarding NOAA’slead responsibility for the management of SCRsincluding inventory The National Historic Preserva-tion Act Section 110 requires Federal agencies toinventory historic resources such as SCRs under theFederal agencies management responsibility.However, as indicated in the plan, NOAA will workwith the State and any other public and privateentities interested in activities which fulfill this re-sponsibility. Accordingly, the SCR plan has been

26


be used to accomplish a variety of Sanctuary-relatedtasks. Also, because of limits on financial resources,volunteer assistance will be critical to the ultimatesuccess of the Keys’ management program, and amain goal will be to use the available volunteerresources as completely as possible. The overallgoal of the Volunteer Program is to provide a “hands-on” opportunity for public involvement in supportingthe protection and preservation of Sanctuary re-sources.

While all comments on the Volunteer Action Planwere positive some specific comments were maderequesting modifications to the plan. The goals of theVolunteer Plan were updated to include the futuredevelopment of a strategy to target volunteer recruit-ment and strategy B.8: User Fees was deleted inresponse to these comments.

Clearly, the Volunteer Plan has enormous positivesocial impact. Volunteerism benefits the environmentas well as the people who give of their time andeffort. The general public, too, benefits from acleaner, healthier environment fostered through theeducational efforts of volunteers. The cost of thisvolunteer program is nominal in light of the benefit itprovides to all.

Water Quality Action Plan

This action plan provides the strategies critical forimproving water quality throughout the Florida Keys.It addresses critical issues including pollution fromstormwater runoff, improper wastewater treatment,marinas and live-aboards, landfill sites, hazardousmaterial spills, pesticides and herbicides, andexternal influences. Corrective actions, monitoring,research, and public education and outreach strate-gies will reduce the threat of pollutants and improvewater quality.

The degradation of water quality over the past twodecades has been a major concern for the residentsof the Keys and was the primary issue raised at thescoping meetings for the Sanctuary. In passing theAct designating the Sanctuary, Congress recognizedthe critical role of water quality in maintaining Sanc-tuary resources. Congress directed the Environmen-tal Protection Agency (EPA), in conjunction with theGovernor of the State of Florida and in consultationwith the Secretary of Commerce, to develop acomprehensive Water Quality Protection Program(WQPP) for the Sanctuary. This action plan is anabridged version of the information in the WQPPdocument. It is also the first water quality plan everdeveloped for a national marine sanctuary.

The WQPP consists of four interrelated components:corrective actions, monitoring, research/specialstudies, and public education and outreach. Correc-tive actions would reduce water pollution directly byusing engineering methods or by prohibiting orrestricting certain activities, tightening existingregulations, and/or increasing enforcement. Othercorrective actions would make the regulatory systemwork more efficiently. The water quality monitoringprogram would provide information about the statusand trends of water quality and biological resourcesin the Sanctuary and the effectiveness of correctiveactions. Research and special studies would identifyand document cause/effect linkages betweenpollutants, water quality problems, and ecologicalimpacts. Research would also increase understand-ing of Sanctuary ecosystems and improve predictivecapabilities. Public education and outreach strategieswould increase public awareness of the Sanctuary,the WQPP, and pollution sources and impacts onSanctuary resources.

Public comment precipitated changes to both theWQPP document and the Water Quality Action Plan.For the most part, commentors agreed that degrada-tion of water quality is the greatest threat to both thenatural resources and the economy of the Keys.They also agreed that funding for this program isvital. Some were more concerned about the influ-ences of water quality from sources beyond Sanctu-ary boundaries. However, the plan addressesoutside influences to water quality, and the WaterQuality Protection Program Steering Committeeexplores this issue regularly. A few commentorsstated that there was no water quality problem in theKeys. However, many scientists and users disagreewith this statement based on observations as well asdocumented scientific evidence.

Improved water quality in the Keys will have environ-mental and socioeconomic benefits. Sanctuaryresources such as coral reefs and seagrass bedssustain enormously valuable commercial and recre-ational fisheries and attract anglers, divers, andtourists from all over the world. The economy of theFlorida Keys is tied directly to these resources whichdepend on the maintenance of outstanding waterquality, including high water clarity, low nutrientlevels, and low concentrations of contaminants. Ifwater quality is allowed to deteriorate further, thrivingindustries such as fishing and tourism, as well assupport businesses, will suffer the consequences.The WQPP would improve and maintain waterquality, helping to ensure that Sanctuary resourcesand the economy dependent on them continue tothrive.


27

Zoning Action Plan

Zoning is the setting aside of areas for specificactivities to balance commercial and recreationalinterests with the need for a sustainable ecosystem.Marine zoning has been successfully implemented atAustralia’s Great Barrier Reef, New Zealand, Kenya,the Philippines, the Cayman Islands, Bermuda,Exuma National Park in the Bahamas, and othercountries. The concept has had limited application inthe U.S. where it has been used at Looe Key Na-tional Marine Sanctuary (1981) to protect the shallowcoral reef habitat from certain activities such asanchoring and setting of lobster traps and in theMonterey Bay National Marine Sanctuary (1992) tomanage PWC activities. It has also been used in theChannel Islands National Marine Sanctuary/NationalPark where Harvest Refugia have been establishedto protect marine inhabitants from harvest. Only inthe past few years have the Fisheries ManagementCouncils used zoning to protect and manage fisher-ies, such as the closed Oculina Banks off the eastcoast of Florida.

The consideration of marine zoning as an integralSanctuary management tool is mandated undersection 7(a)(2) of the FKNMSPA. The process usedto develop the draft zoning plan is described inVolume II. There were five zone types proposed inthe draft plan that was reviewed by the public. Thosezone types were: Wildlife Management Areas;Replenishment Reserves (renamed to EcologicalReserves); Sanctuary Preservation Areas; ExistingManagement Areas; and Special-use Areas. All ofthese zone types remain in the Final ManagementPlan to be implemented in the Sanctuary.

Figure 1 shows the existing management zones inthe Sanctuary region. Figure 2 shows the zonesproposed in the plan. Table 2 shows the sizes ofsome of these proposed zones.

The goals of the zoning action plan are:

• Protect and preserve sensitive areas of theecosystem by regulating certain activities thatoccur within the zoned areas, and by facilitat-ing activities that are compatible with resourceprotection;

Table 2. Sizes of FKNMS Sanctuary Preservation Areas, Ecological Reserves, and Special-use Areas

Zone km2 nm2 ha

Sanctuary Preservation Areas 16.5 4.7 1,650.6

Carysfort/South Carysfort Reef 5.1 1.5 514.5The Elbow 0.9 0.3 90.2Dry Rocks 0.2 0.0 15.5Grecian Rocks 1.1 0.3 107.4French Reef 0.4 0.1 36.8Molasses Reef 0.9 0.3 88.6Conch Reef 0.2 0.1 23.3Davis Reef 0.6 0.2 57.7Hen and Chickens 0.6 0.2 60.2Cheeca Rocks 0.2 0.0 15.5Alligator Reef 0.6 0.2 59.8Coffins Patch 1.5 0.4 147.0Sombrero Key 0.7 0.2 73.4Looe Key 1.1 0.3 114.6Newfound Harbor Key 0.4 0.1 42.6Eastern Dry Rocks 0.3 0.1 27.4Rock Key 0.3 0.1 25.1Sand Key 1.5 0.4 151.0Ecological Reserves 30.8 9.0 3,084.1

Western Sambos 30.8 9.0 3084.1Special-use Areas 1.9 0.5 186.0Conch Reef (Research Only) 0.7 0.2 71.7Tennessee Reef (Research Only) 0.5 0.2 53.1Looe Key (Research Only) 0.3 0.1 33.5Eastern Sambos (Research Only) 0.3 0.1 27.7

Florida Keys NMS 9,515.5 2,774.3 9,51547.1

28

The Preferred Alternative/Management PlanF

igur

e 1.

Exi

stin

g M

anag

emen

t Are

as

AAAAAA

AAAAAA

AAAAAA

AAAAAA

AAAAAA

AAAAAA

AAAA

AAAA

AAAA

AAAA

AAAAAA

AAAAAA

AAAAAA

AAAAAA

AAAA

AAAA

AAAA

AAAA

AAAA

AAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

A

A

AA

AAAAAAAAAAA

AAAAAA

AA

AAAAAAAAAAAAAA

AA AAAA

AA

A

A AAA

A

A

AAAAAAAAAAAAAAA

AAAAAA

AA

AAAAAA AAAAAA

AA

AAA

AAAAA

A

AAAAAA

AAA

AAA

A

AAAA AAAA

A

AAAAA

AAA

AA

AA

AAAA

AAA

AAAAAA

AA

AAAAAAAA

AAAAAA AAA

AA

AAAA AA AAAAAAA

AAA

AAAA

AAAAA

AAA

AAAAAAA

AAAAA

AAAAAAAA

AAAA

AAAAAAAAA

AAAAAAAAA

AAA

AAA

AAA

AA AA AAAAAA AA

AAAAAA

AA

AAAA

AA

AAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAA

AAAAAAAAAAAAAAAAAAAA

AAAAA

AAAAAA AAAA

AA

AAAAAA

AAAAAAAAAAA AAAAAA

AAA

AAAA AA AA A

AA AA

AA AAAAAAAAAAAAA

A

AAAAAAAA

AAAA

AAA

AAAA

AAA

A

AAA AA

A

AAAAAAAA

AAAAA

AAAAAAA

AAA

AA

AAAAAAAAAAA

A A

A AAAAAAAAAAAAA AAAAAA AAAAA AA AA AA AAAAAAAAAA AAAAAA AAAAAAAAAAA

AAA

AAA

AAA

AAA

A

25°3

0'

25°0

0'

80°

3081

° 30

82°

30

Gre

at W

hite

Her

onN

atio

nal W

ildlif

e R

efug

e

John

Pen

neka

mp

Cor

al R

eef S

tate

Par

k

Key

Lar

goN

atio

nal M

arin

e S

anct

uary

Key

Wes

tN

atio

nal W

ildlif

e R

efrg

e

Looe

Key

N

atio

nal M

arin

e S

anct

uary

Nat

iona

l K

ey

Dee

r R

efug

e

Bis

cayn

e B

ay

and

Car

d S

ound

Aqu

atic

Pre

serv

e

Cou

pon

Big

htA

quat

ic P

rese

rve

Lign

umvi

tae

Aqu

atic

P

rese

rve

AAAA

Cro

codi

le L

ake

Nat

iona

l Wild

life

Ref

uge

Bah

ia H

onda

Sta

te P

ark

Long

Key

Sta

te

Rec

reat

ion

Are

a

•F

ort Z

acha

ry T

aylo

r S

tate

His

toric

Site

•

•

•• •

San

Ped

ro S

tate

U

nder

wat

er

Arc

haeo

logi

cal S

ite

Indi

an K

ey S

tate

H

isto

ric S

ite

•C

urry

Ham

moc

k(u

ndes

igna

ted)

•

•

Key

Lar

go

Ham

moc

ks S

tate

B

otan

ical

Site

25 K

ilom

eter

sN

•

Lign

umvi

tae

Key

S

tate

Bot

anic

al S

ite

She

ll K

ey S

tate

P

rese

rve

•

Not

e: A

reas

less

than

5nm

2 (1

,800

ha)

are

sho

wn

as p

oint

s.

Clo

sed

toS

pear

fishi

ng

Dry

Tor

tuga

s N

atio

nal P

ark


29

Fig

ure

2. E

colo

gica

l Res

erve

s, S

anct

uary

Pre

serv

atio

n A

reas

, Spe

cial

-use

Are

as, a

nd W

ildlif

e M

anag

emen

t Are

as

25°3

0

25°0

0

24°3

0

81°

0082

° 00

Car

ysfo

rt/

Sou

th C

arys

fort

(b)

The

Elb

ow (

b)

Dry

Roc

ks (

b)G

reci

an R

ocks

(b)

Fre

nch

Ree

f (b)

Mol

asse

s R

eef (

b)

Con

ch R

eef (

b)C

onch

Ree

f (c)

Hen

and

Chi

cken

s (b

)D

avis

Ree

f (b)

Che

eca

Roc

ks (

b)

Alli

gato

r R

eef (

b)

Ten

ness

ee R

eef (

c)

Dry

Tor

tuga

s N

atio

nal P

ark

Cof

fins

Pat

ch (

b)

Som

brer

o K

ey (

b)

New

foun

d H

arbo

r (b

)Lo

oe K

ey (

c)W

este

rn

Sam

bos

(a)

Looe

Key

(b)

Eas

tern

Sam

bo (

c)

Eas

tern

Dry

Roc

ks (

b)

San

d K

ey (

b)

Roc

k K

ey (

b)

416

15 514 11

12 18

2 19

179

133

610

1010

7

18

21

20

2226

23

24

25

1. S

awye

r K

eys

2. E

ast H

arbo

r K

ey3.

Litt

le M

ulle

t Key

4. U

pper

Har

bor

Key

5. L

ittle

Cra

ne K

ey

6. B

oca

Gra

nde

Key

7. W

oman

Key

8. H

orse

shoe

Key

9. C

ottr

ell K

ey

10. M

arqu

esas

Key

s11

. Sni

pe K

eys

12. M

ud K

eys

13. B

ig M

ulle

t Key

14. T

idal

flat

sou

th o

f Mar

vin

Key

15. W

est C

onte

nt K

eys

16. E

ast C

onte

nt K

eys

17. B

ay K

eys

18. L

ower

Har

bor

Key

s

19. C

ayo

Agu

a K

eys

20. P

elic

an S

hoal

21. C

roco

dile

Lak

e22

. Rod

rigue

z K

ey

23. T

aver

nier

Key

24. S

nake

Cre

ek

25. C

otto

n K

ey26

. Dov

e K

ey

Wild

life

Man

agem

ent

Are

as

Eco

log

ical

Res

erve

s (a

)

San

ctu

ary

Pre

serv

atio

n A

reas

(b

)

Sp

ecia

l-u

se A

reas

(c)

Zo

ne

Typ

e

25 K

ilom

eter

sN

83°

00

27. E

aste

rn L

ake

Sur

pris

e

27

Eas

tern

Sam

bos

(c)

30


• Ensure that areas of high ecological impor-tance evolve naturally, with minimal humaninfluence; and

• Protect areas representing a wide variety ofhabitats, and areas that are important formaintaining natural resources and ecosystemfunctions.

Each zone or area is designed to reduce damage tothe environment, while allowing recreational activitiesto occur, as long as they are compatible with re-source protection.

The Objectives necessary to achieve these goalsare:

• reduce stresses from human activities byestablishing areas that restrict access toespecially sensitive wildlife populations andhabitats;

• protect biological diversity and the quality ofresources by protecting large, contiguousdiverse habitats that are intended to providenatural spawning, nursery, and permanentresidence areas for the replenishment andgenetic protection of marine life and to protectand preserve all habitats and species;

• minimize conflicting uses;

• protect Sanctuary resources and separateconflicting uses by establishing a number ofnon-consumptive zones in areas that areexperiencing conflict between consumptiveand non-consumptive uses and in areas thatare experiencing significant population orhabitat declines;

• eliminate injury to critical/sensitive habitats;

• prevent heavy concentrations of uses thatdegrade Sanctuary resources;

• provide undisturbed monitoring sites forresearch activities by setting areas aside forscientific research, monitoring, and restoration;

• provide control sites to help determine theeffects of human activities on resources; and

• disperse concentrated harvests of marineorganisms.

Discussion of Zones

The following is a discussion of the expected envi-ronmental and socioeconomic consequences of thezone types established for the Sanctuary in this FinalManagement Plan. A longer discussion of theenvironmental consequences is contained in VolumeII, which remains relevant to the final preferredalternative, and an expanded discussion of thesocioeconomic consequences is contained inAppendix M, Volume III. The zone types are:

Wildlife Management Areas. These zones includeareas that are of critical importance to wildlife,especially birds and threatened or endangeredspecies. There are 27 such zones established in theFinal Plan. Most of these areas include the watersadjacent to small islands located along the chain ofapproximately 1500 islands in the Florida Keys. Themajority of these areas (20) fall under the jurisdictionof the U.S. Fish and Wildlife Service (USFWS) andSanctuary regulations have been established tocomplement the USFWS criminal sanctions withSanctuary civil penalties. Public access restrictions inthese areas include idle speed only/no wake, noaccess buffer, no motor, and closed.

NOAA has mostly retained the Preferred Alternativein the Draft Plan for the Wildlife Management Areas,with only a few minor changes. As a result, consis-tent with existing USFWS regulations, access toJewfish Creek and Steamboat Creek in the CrocodileLake Wildlife Management Area is not restricted. SeeVolume II Preferred Alternative and Impact analysis.Public comments indicated fishermen and othersregularly transit this area. This revision should resultin minimal loss of environmental benefits, while notrestricting boat traffic through the area, thus avoidingsocioeconomic impact on the public’s use of thesecreeks.

Additionally, the Final Plan includes one additionalarea over what was proposed in the PreferredAlternative of the Draft Management Plan (DMP/EIS,Vol. I). An idle speed only/no wake zone has beenestablished in the area of Lake Surprise east of theUS 1 highway that crosses Lake Surprise. This zonewas established to protect the endangered AmericanCrocodiles and West Indian Manatees that inhabitthe area. This restriction will result in a greater levelof environmental protection for these endangeredspecies at a low socioeconomic cost. The easternportion of Lake Surprise currently has low levels ofuse. A restriction on boat speeds will not halt thepublic’s current fishing use of the area, but mayextend time of transit.


31

In comparison to the other Draft Alternatives for thiszone type, the Final Alternative has considerablyhigher environmental benefits over Alternative IV inthe DMP/EIS (Volume II, page 136), which onlyincluded the 19 areas that are currently managed bythe USFWS, and fewer environmental benefits thanthe 37 areas proposed in Alternative II of the DMP/EIS (Volume II, page 138). Since the SanctuaryAdvisory Council recommendations were largelyadopted in the Draft Preferred Alternative, it isunderstandable that the proposed WMAs in the draftplan did not receive much public comment during thepublic review process.

NOAA has taken action to establish these areasbecause of its mandates under the NMSA and theFKNMSPA and the level of public concern raised onissues involving threats to wildlife in the Florida Keysduring its scoping process in 1991. NOAA and theUSFWS worked very closely during the developmentof the management plan to complement each other'sinterest in protecting the wildlife resources of theFlorida Keys, both inside the National WildlifeRefuges, as well as outside.

Ecological Reserves (formerly ReplenishmentReserves) . In the Draft Preferred Alternative thiszone type was called Replenishment Reserves, andNOAA has changed the name to reflect publicconcerns over the purpose of these areas. The mainpurpose of Ecological Reserves is to maintain anatural assemblage of living resources in the Sanctu-ary by setting aside areas to assure minimal humandisturbance. Nowhere in the Florida Keys has acomplete component of the coral reef ecosystembeen set aside from human disturbance. EcologicalReserves will give resource managers and the publican opportunity to have a cross-section of the coralreef community, including the nearshore mangrovefringe, hardbottoms, patch reefs, seagrass beds,mid-channel reef, and the offshore coral reef tractwhere they can experience the marine inhabitants inan almost natural state. These zones will serve toprotect and enhance the spawning, nursery orpermanent resident areas of fish and other marinelife. Hundreds of marine species are not protected byany form of management and the Ecological Re-serves will provide protection and allow areas toreturn to their natural state. These areas will addi-tionally protect the food and home of commerciallyand recreationally important species of marine life.This zone type, when properly implemented, willresult in long term environmental benefit to Sanctu-ary resources. There will be some short-term eco-nomic costs to fishermen and divers that harvestmarine life and who are displaced. However, the

Ecological Reserves constitute a small percentage ofthe overall marine community of the Sanctuary(under 3%) and NOAA has redrawn the zoningboundaries to minimize such costs (i.e. deleted KeyLargo ER and delayed Dry Tortugas ER). As onebenefit of maintaining the biodiversity of these areas,it is expected that the long-term benefits to fishermenfrom the increased productivity in the reserves will bepositive. There will be spillover of larvae and adultfish to surrounding areas and an “edge effect” whichhas occurred in other marine reserves will provideexcellent fishing along the boundaries of the reserve.The benefits to non-consumptive users of theEcological Reserves also will be strongly positive asthey will have areas in which they can view, photo-graph, and enjoy restored coral reef communitiesand habitats, swarming with large fish and minimalhuman damage to the coral and other coral reefresources. See Appendix M, Volume III for anexpanded discussion of the socioeconomic benefitsand costs of these areas.

All activities that do not result in removal of marinelife or damage to the resources will be allowed inthese areas. Spearfishing, shell collecting, tropicalfish collecting, and other activities that result in theharvest of marine life by divers and snorkelers, andfishing activities will be prohibited in this zone type.In addition, direct physical impact to corals in theseareas will be restricted.

This zone type has received the most revisions fromthe Draft Preferred Alternative to the Final Manage-ment Plan as compared to other zone types. ThreeEcological Reserves were proposed in the draft plan.NOAA has eliminated one of these proposed re-serves, maintained the proposed boundaries ofanother, and delayed action on the third for twoyears after the final plan is implemented in order tominimize the socioeconomic impact on fishermen. Inthe Final Management Plan NOAA has developed afinal preferred alternative for Ecological Reservesthat ranges between the No Action Alternative V andthe Least Restrictive Alternative IV contained in theDMP/EIS (Volume II, page 136) by reducing thenumber of Ecological Reserves in the Final Manage-ment Plan. The proposed Ecological Reservescontained in Alternative IV of the DMP/EIS were thesame number, but geographically smaller than thosecontained in the Draft Preferred Alternative III. Themore restrictive Alternative II in the DMP/EIS con-tained eight Ecological Reserves that providedgreater biogeographic coverage than the other draftalternatives.

32


compared to the significant adverse socioeconomicimpacts which would result from implementation ofthe no-take regulations within the proposed boundaryof the reserve. Shrimpers, lobster fishermen,spearfishermen, and hook and line fishermentestified that a substantial part of their fishing takesplace within the proposed reserve. Recommenda-tions ranged from eliminating the reserve entirely toreconfiguring the boundary of the reserve to mini-mize such impacts. A large number of citizens,scientists, and environmental groups commentedthat the Dry Tortugas would be a good location for anEcological Reserve and wanted an area at least thesize of that proposed in the draft Preferred Alterna-tive designated. Some were as specific as to recom-mend a boundary to the west of the Dry TortugasNational Park, incorporating at least some of theNational Park. The best coral reef habitats andcommunities lie to the western half of the DryTortugas Bank. By establishing an EcologicalReserve to the west, NOAA would be able to maxi-mize the protection of important coral reef habitat.The National Park boundary does not include someof the ecologically important intermediate to deepreef habitats in the vicinity. An Ecological Reserve inthis area is anticipated to have very positive environ-mental consequences. Water circulation in the DryTortugas, due to extensive counterclockwise gyres(Volume II, Affected Environment), will help entrainplanktonic larvae for long periods of time, providingnew marine life stock along the reef tract as thelarvae settle to the bottom.

NOAA did not finalize the implementation of the DryTortugas ER in the regulations. Instead, NOAA willpostpone final implementation of the boundary andregulations of the Dry Tortugas ER until it undertakesa process, in coordination with the National ParkService, to identify an appropriate final boundary forthe Reserve, which will include portions of the DryTortugas National Park. To identify the final bound-ary, NOAA and the National Park Service will use theinformation gathered as part of the public review ofthe draft management plan, and hold workshops withusers, agency representatives, environmentalorganizations and the public. Prior to making a finaldecision, the proposed final boundary of the DryTortugas Ecological Reserve will be published forpublic comment. In summary, while a number ofcomments supported Alternative III in the draft, thefinal is between V and IV in order to avoid or mini-mize socioeconomic impacts on fishermen.

Sanctuary Preservation Areas . These areas willprotect shallow, heavily used coral reef communitieswhere conflicts often occur between user groups.

In weighing the additional environmental benefitsagainst the economic and social impacts on commer-cial and recreational users of the Key Largo Ecologi-cal Reserve, NOAA has eliminated that Reservefrom the final plan and regulations. The resourceprotection provided by the existing protected areas,John Pennekamp Coral Reef State Park and the KeyLargo National Marine Sanctuary contributed to thisdecision. Many prohibitions already exist in theseareas, on activities such as spearfishing, tropical fishcollecting, shell collecting, wire fish trapping, trawl-ing, and the removal of any marine life by diversexcept for spiny lobster. Establishing an EcologicalReserve in these areas would have resulted in fewadditional environmental benefits. The full environ-mental benefit of the protection provided by Ecologi-cal Reserves will best be monitored and observed inareas where these harvesting activities are currentlyconducted. NOAA has taken this into considerationwhen considering the revisions from the DraftPreferred Alternative to the Final Plan.

NOAA has maintained the boundary that wasproposed in the Draft Preferred Alternative for theWestern Sambos Ecological Reserve. High environ-mental benefits will be gained by protecting thisimportant portion of the coral reef environment.Although there will be positive environmental andsocioeconomic benefits to groups such as divers,snorkelers, and glass-bottom boat operators, therewill be some socioeconomic costs to fishermen dueto displacement from the area. This EcologicalReserve is located adjacent to public property (BocaChica Naval Airstation) and contains all the habitatsthat are typically found in an onshore/offshore cross-section of the Keys coral reef environment.Nearshore hardbottom habitats, beautiful inshorepatch reefs, seagrass beds, some of the mostdiverse mid-channel reef, offshore patch reefs, andone of the Keys’ best remaining spur and groovebank reefs help comprise this special area. Some ofthe best remaining coral formations and some of thebest remaining water quality occur there. Thesequalities will help contribute to the success of thisarea as an Ecological Reserve and will aid NOAA inits mandate to “protect and preserve living and otherresources of the Florida Keys marine environment(FKNMSPA, 1990).”

In the DMP/EIS, NOAA proposed boundaries for theDry Tortugas Ecological Reserve. The north-southconfiguration of the proposed reserve, which wasoriented primarily east of the Dry Tortugas NationalPark, received considerable public comment, particu-larly from fishermen. Many commentors suggestedthere would be little environmental benefits as


33

The majority of these shallow reef habitats arescattered along the outer reef tract and are the coralreefs most frequently visited by snorkelers anddivers. These areas, critical for sustaining importantmarine species and habitats, are the component ofthe coral reef ecosystem most vulnerable to directhuman impact (e.g. anchor damage, boating impact,diver and snorkeler impacts, concentrated harvest bydivers, and damage done by inexperienced fisher-men) and indirect from water pollution impacts. Allactivities that do not result in removal of marine lifeor damage to the resources will be allowed in theseareas. Activities that will be prohibited in the Sanctu-ary Preservation Areas (SPA’s) include spearfishing,shell collecting, tropical fish collecting, fishing andother activities that result in the harvest of marine lifeby divers, snorkelers, and fishermen. In addition,direct physical impact to corals in these areas will berestricted.

In this Final Management Plan NOAA is implement-ing all of the SPAs that were proposed in the DraftPreferred Alternative (19) with the exception of theone for Western Sambos Reef. Since that reef isdesignated an Ecological Reserve, which has thesame restrictions as the SPAs, NOAA eliminated thisduplicate protection. A total of 18 SPAs are con-tained in the Final Plan. This will provide the samelevel of protection that was proposed for the Pre-ferred Alternative in the DMP/EIS, except in theCarysfort SPA. Since NOAA has removed the KeyLargo Ecological Reserve from the final plan, theSPA around Carysfort has been enlarged to encom-pass more of the coral reef community, includingpatch reefs, coral rubble areas, and intermediate reefhabitat, the site of a known grouper spawningaggregation. The size of the SPA will only be ex-panded by one-half (1/2) of a square nautical mileover the proposed SPA. The more-restrictive alterna-tive (II) in the DMP/EIS also proposed 18 SPAs, butsome of them were considerably larger in size, andwere not recommended by the Sanctuary AdvisoryCouncil (SAC) for the draft preferred alternativebecause of their greater socioeconomic conse-quences on the community. The 13 SPAs containedin the less-restrictive (IV) alternative of the DMP/EISwere determined not to be adequate to protectcritical coral reefs.

The environmental benefits of this zoning type will behigh because direct harvest and physical impacts tothe heaviest used component of the coral reefecosystem, the shallow coral reefs, will be lessened.According to data from an aerial survey (1994, FDEPand TNC work in progress), approximately 80% to85% of the snorkelers and divers in the Florida Keys

use the 18 SPAs during the year. Although the SPAsare small in size, they capture most of the snorkelingand diving use except during the opening of lobsterseason. Protecting these areas will have high long-term environmental benefits on the coral reef habitatand positive socioeconomic benefits to the localeconomy.

There will be a low socioeconomic impact on fisher-men from prohibiting fishing in these areas. In thesame aerial census cited above, it was determinedthat over 94% of the boats less than 30’ in lengthfished outside the SPAs. Over 92% of the boatsgreater than 30’ in length fished outside these areas.However, NOAA received considerable publiccomment on the draft plan (see comments andresponses Appendix L, Volume III) regardingbaitfishing activities in the shallow reef habitat.NOAA has revised the management plan andregulations to allow limited baitfishing in the SPAsrather than reduce the number of SPAs. NOAA willgive permits for the netting of ballyhoo for bait inthese areas and does not feel this activity willcompromise the overall objective of the SPAs.

In another effort to reduce socioeconomic impactsfrom the SPAs, NOAA has modified the managementplan and regulations to allow catch and releasefishing by trolling in four of the Sanctuary Preserva-tion Areas: Conch Reef, Alligator Reef, SombreroKey, and Sand Key. This should avoid or minimizethe socioeconomic impacts on these fishermen. Thiswill also give NOAA areas with which to compareand contrast catch and release SPAs with thosewhere no fishing takes place. These areas wereselected on the basis of public comment and datafrom the aerial surveys. This will help NOAA assessthe environmental costs of allowing this activity andthe socioeconomic impacts of prohibiting it in theother SPAs.

During the preparation of the Draft MP/EIS commer-cial fishermen working with Sanctuary plannersproduced maps that demonstrated the shallow coralreef habitat was not critical to their activity, and sincethey are not heavily used by commercial fishermenand are relatively small, the socioeconomic impacton commercial fishermen is expected to be low tonegligible. There were no negative comments fromcommercial fishermen, except baitfishermen, regard-ing the number or location of the SPAs.

Approximately 29 shallow reefs along the reef tractare named on NOAA navigational charts. NOAA hasestablished 16 of these shallow coral reef communi-ties as SPAs, protecting over 55% of this particular

34


type of shallow coral reef habitat in the Keys. Each ofthe SPAs encompass a variety of marine habitatsincluding: coral reefs; rubble ridges; backreefs;seagrass; hardbottoms; and coral rubble. All of thesehabitats are important components of the coral reefcommunity. The ecological benefits of protectingthese types of habitats from harvesting activities hasbeen documented in the Looe Key National MarineSanctuary (Clark, et al, 1989). The SPAs designatedin this Final Plan are predicted to have the same kindof successful results as those at Looe Key NMS.

Existing Management Areas . This is a simpleacknowledgment of existing protected areas in theSanctuary. These are zones that are currentlymanaged by other agencies, and where regulationsalready exist. Out of the total 21 existing manage-ment zones, 15 are administered by the State ofFlorida Department of Environmental Protection, 4 bythe Fish and Wildlife Service, and 2 by NOAA.Managing these areas within the Sanctuary mayrequire additional regulations or restrictions toprovide complete resource protection. These addi-tional management needs will be developed incooperation with the relevant agency and will beimplemented with those agencies.

There are little or no anticipated socioeconomicimpacts by establishing these zones since they arecurrently managed by other agencies. The availabil-ity of civil penalties may have some impact toviolators. NOAA has included all of the same areasthat were included in the Draft Preferred Alternativecontained in the DMP/EIS. However, by coordinatingmanagement activities and programs with otheragencies, such as in the case of the Wildlife Man-agement Areas, where NOAA is coordinating withthe USFWS, there will be increased environmentalbenefits by providing coordinated management.There will also be socioeconomic benefits by savingtaxpayers money through sharing of human andmaterial resources and coordinating various man-agement programs such as education, research andmonitoring, and resource protection.

Special Use Areas . These zones address specialuse activities and concerns within the Sanctuary, andmay be established for education, science, restora-tion, monitoring, or research. Activities in these areaswill be conducted by permit only.

There are only four special use areas in the FinalManagement Plan: Conch Reef, Tennessee Reef,Looe Key (patch reef), and Eastern Sambos Reef.These are all designated as research-only andNOAA has included all the same research-only areas

that were contained in the Draft Preferred Alterna-tive, with one change. Due to the consideration ofsocioeconomic impact described by the public duringthe review process, NOAA has eliminated thePelican Shoal research-only Special-use Area andreplaced it with the Eastern Sambos research-only,Special-use Area suggested by the state in itscomments on the DMP/EIS. This change will providea better research and monitoring site, while simulta-neously lessening the socioeconomic impact to thepublic that would have occurred by limiting access tothe reef around Pelican Shoal. However, in order tocomplement the State’s seasonal closure of the landarea, NOAA has designated a no-access 50 yardbuffer around the island between April 1 and August31. These dates coincide with those established bythe Florida Game and Freshwater Fish Commissionfor this area.

The long-term environmental benefits of these areaswill be strongly positive because they will allowmanagers to compare and contrast shallow coralreefs that are used by divers and snorkelers withthose that are not used by these groups. An excel-lent example is an intended comparison study of thehealth of the coral reef at Eastern Sambos (researchonly site) with the coral reef at Western Samboswhere diving and snorkeling is conducted. Both ofthese reefs are located in similar water qualityconditions and they are in approximately the samephysical and biological condition. These sites canthen be compared to Tennessee Reef and AlligatorReef, which are located in an area that is exposed topoorer water quality. The results of such studies willbenefit Sanctuary management. Diving, snorkeling,fishing, and other such recreational and commercialactivities will not be allowed in these research-onlyareas except by scientific or educational permit.

There is also a possibility of establishing Special-useareas in the future for restoration, following someevent which damages the resources. The environ-mental benefits of having these areas are high,whereas the socioeconomic impacts will be low dueto their small size. Altogether, these four areascomprise less than one square nautical mile in size.


35

The FKNMSPA mandates the development of acomprehensive management plan that represents amajor departure from the nation’s traditional ap-proach to marine resource management. NOAA iscommitted to coordinating with other Federal, State,and local agencies in a continuous managementprocess. This process is designed to balance thedemands of the many activities in the region, and toensure the long-term protection of the resources thatmake the area unique. This requires the cooperationof many institutions that historically have not beenfocused on the same goals. Because of the complex-ity of managing the activities and resources in theKeys, no single agency or institution can effectivelymeet the goals of the Act designating the Sanctuary.Overlapping jurisdictions, different agency objectives,limited fiscal resources, and other problems point tothe necessity of developing a management programthat brings together multiple institutions for thecommon purpose of protecting this important area.The framework outlined in this chapter allows andencourages these institutions and the public toparticipate in the decision-making process.

The basic elements of the continuous managementprocess are shown in Figure 3. The foundation forthis process is the signing of an Interagency Com-pact Agreement (Volume III, Appendix J) formalizingFederal, State, and local government agency supportfor the Sanctuary. The elements necessary forsuccessful implementation of the Management Planfocus on the Interagency Group, the ResourceManagement Team, the Sanctuary Advisory Council,and various Standing Committees. This managementarrangement makes it possible for Ad Hoc Partner-ship Groups to be formed as committees that willprovide input to the Management Team.

The details of the management process described inthis document are the starting point for discussionsbetween the parties that must cooperate to managethe Sanctuary. Subsequent negotiations between theresponsible agencies may alter the framework, butits primary feature, the extensive amount of coopera-tion and integration of effort between and amongthese governmental and non-governmental bodies,must and will remain.

Sanctuary Management: How the Process Works

In practical terms, the implementation of Sanctuarymanagement is already underway. On September15, 1992, the Florida Trustees (the Governor andCabinet) entered into an agreement with the adminis-trator of NOAA to establish a mechanism for thecooperative development of the management plan aswell as the cooperative interim management of theSanctuary while the comprehensive plan was beingdeveloped. This interim management agreementprovided for the development of several protocols onvarious cooperative management issues and ulti-mately provided the direction for the development ofthe memorandums of agreement and protocolsincluded in Appendix J in Volume III: Draft Inter-agency Compact Agreement for the IntegratedManagement of the Florida Keys National MarineSanctuary, Co-trustees Agreement, SubmergedCultural Resources Agreement, Law EnforcementAgreement, Natural Resources Damages/CivilClaims Agreement, Protocol for Cooperative Fisher-ies Management, Protocol for Emergency ResponseNotification, Permitting/Certifications Agreement,Water Quality Protection Plan Agreement, andNavigational Aids Agreement.

In the interim management agreement there wereseveral provisions concerning jurisdiction andauthority of the State as a result of Sanctuarydesignation.

Education programs have been implemented Sanc-tuary wide, research and monitoring programs haveexpanded Sanctuary wide, and various elements ofthe water quality protection program have beenimplemented throughout the Sanctuary. In addition,boat groundings are being responded to, the NMSAand the FKNMSPA are being enforced, and somecross-deputization of enforcement personnel hasoccurred. Many of the strategies included in the FinalAlternative represent actions that will be carried outby either State or local agencies, with or without thecooperation of the Federal government. However,the important difference between these independentactions and the process of management outlined inthis document is the degree of integration, coordina-tion, and cooperation that must be applied. Achievingthe long- and short-term goals for this unique regionrequires the development of a close and continuingpartnership among all the agencies serving theresidents of, and visitors to, the Keys. To this end,the existing management structure must be modified.

36


The Compact establishes a formal commitment tothe management of the Sanctuary. This commitmentis critical to ensuring full participation and coopera-tion from the many institutions that play a role in thesuccessful management of the Sanctuary. SinceState lands and waters make up the majority of theSanctuary, the participation of State and localagencies is considered critical to providing a holisticecosystem approach to management.

The Compact forms the foundation for subsequentinteragency and intergovernmental cooperativeagreements, protocols, and other less formal inter-agency work efforts. The signing of this Compactsignals that the cooperative and integrated manage-ment approach established for this Sanctuary hasbeen adopted.

The Compact reflects the Federal/State co-trusteemanagement of the region’s resources, reiteratingthe goals of the Act designating the Sanctuary. Thiswill ensure that the work conducted by EPA as partof the Water Quality Protection Program is clearlyconnected to the overall management of the Sanctu-ary.

Interagency Group• NOAA• State: EOG, DEP, DCA, SFWMD, FMFC• USEPA• NPS• USFWS• USCG• USArmy Corps of Engineers• Monroe County• Incorporated Cities

Sanctuary Advisory Council• Citizens• Recreational Fishermen• Commercial Fishermen• Divers• Environmental Groups• Scientists• Educators• Marine Life Collectors• Treasure Hunters• County/Federal Agencies

Standing Committees• WQ Steering Comm.• Tech. Advisory Comm.• South Florida Ecosystem Restoration Task Force• Enforcement Task Force• Education Work Group• Subcommittees• Others

Ad HocPartnership

Groups

Sanctuary Management

Resource Management Team

• Sanctuary Staff

• State Management Staff

• Monroe County Management Staff

• Federal Management Staff

Figure 3. Continuous Management: How the Process Works

The Management Plan

The FKNMS Management Plan is the result of acooperative effort among Federal, State, and localagencies and institutions. A significant amount ofpublic, non-governmental organization (NGO), anduser community input has been included in thedevelopment of this Plan. A set of actions is identi-fied that will be implemented based on the continu-ous management process. Approval of the Plan bythe participating agencies of the Interagency Com-pact Agreement is a prerequisite for successfulmanagement of the Sanctuary.

The Compact Agreement

The FKNMSPA requires that NOAA coordinate withthe appropriate Federal, State, and local agencies tosupport implementation of the Management Plan.The Interagency Compact Agreement officially joinsthe parties under the umbrella of this Plan. Theprovisions of the Draft Compact are included in thisFinal Management Plan (Volume III, Appendix J).


37

Protocol for Cooperative Fisheries Management -Establish protocol for the unified and cooperativeState/Federal management of fishery resourceswithin the Sanctuary, including a process for promul-gation of consistent fishing regulations.Signatories: Florida Marine Fisheries Commission,South Atlantic and Gulf of Mexico Fishery Manage-ment Councils, National Marine Fisheries Service,National Ocean Service.

Protocol for Emergency Response Notification -Establish operational protocol to ensure coordinationand cooperation between sanctuary managementand other Federal, State and local authorities withjurisdiction within or adjacent to the Sanctuaryregarding notification, response and action taken inresponse to boat groundings and other physicaldamage to sanctuary resources. Cross reference toother emergency protocols, i.e. Oil Spills, will beincluded.Signatories: NOAA; Department of EnvironmentalProtection; Monroe County; U.S. Coast Guard; Nat.Park Service; U.S. Fish & Wildlife Service.

Sanctuary Certification and Permitting Agree-ment - Establish a procedure and protocol forinteragency coordination and review of activities(leases, licenses, permits, approvals or other authori-zations) which are specifically prohibited and/or mayaffect resources within the Sanctuary. Existingprocedures and protocols will be considered in thisagreement process. No new rules or governmentalstructures will be required. Signatories: NOAA,Director, Office of Ocean and Coastal ResourceManagement; Florida Department of EnvironmentalRegulation, Secretary; South Florida Water Manage-ment District, Governing Board.

Water Quality Protection Program SteeringCommittee By-laws - Establish an agreement ofunderstanding among the agencies and governmen-tal entities associated with the Florida Keys WaterQuality Protection Plan regarding implementationstrategies and funding of programs. The By-Lawsand Charter of the Water Quality Protection PlanSteering Committee will be used for this agreement.Signatories: U. S. Environmental Protection Agency,Region IV Administrator; U.S. Coast Guard, Com-mandant; Florida Department of EnvironmentalProtection, Secretary; South Florida Water Manage-ment District, Governing Board; Florida Departmentof Health and Rehabilitative Services, Secretary;Monroe County, Board of County Commissioners.

Cooperative Agreements

In order to formally implement cooperative manage-ment of the Florida Keys National Marine Sanctuary,a number of separate cooperative agreements mustbe entered into among the various governmentalagencies and entities with cross jurisdictional andtrustee interest in resource protection (Volume III,Appendix J). The following identifies the nature andpurpose of prospective agreements:

Co-trustees Agreement - Establish, by way of aMemorandum of Agreement, the relative jurisdic-tional interests, management authorities, and condi-tions in State- and Federally-owned lands andresources as they pertain to the Sanctuary, agreeingto the cooperative management and enforcement ofcertain laws and regulations as they pertain tomanagement of the Sanctuary, and generally adopt-ing and agreeing to the integrated managementapproach for implementation of the sanctuarymanagement plan.Signatories: NOAA Administrator and Governor andCabinet, as Florida Trustees.

Submerged Cultural Resources Agreement -Establish protocols, procedures and regulations forthe comprehensive management of historical re-sources throughout the Sanctuary consistent with theNational Marine Sanctuary Act, the AbandonedShipwreck Act, AS Guidelines, and State laws andprocedures.Signatories: NOAA Administrator and the State ofFlorida, Secretary of State.

Cooperative Enforcement Agreement - Establishprotocols, procedures and identify training needs tocoordinate operational enforcement in the Sanctuaryand cross-deputization of Federal/State/local lawenforcement officers to expand enforcement capabili-ties under Sanctuary Act and other NOAA statutes.Signatories: NOAA, Florida Marine Patrol, FloridaPark Service, NMFS, U.S. Coast Guard, NationalPark Service, and U.S. Fish & Wildlife.

Agreement for the Coordination of Civil Claims -Establish protocols and procedures for notificationand response to incidents involving injury, damage orloss of Sanctuary resources and the coordination ofjoint initiation and conduct of civil action and claimsto remedy injury and recovery.Signatories: NOAA and Governor and Cabinet, ordesignated cotrustees.

38


Navigational Aids Agreement - Establish a workinggroup and a formal protocol and process for develop-ing and implementing consistent marking andsignage of channels and special use areas withinand adjacent to the Sanctuary.Signatories: NOAA; U.S. Fish and Wildlife Service;National Park Service; U.S. Coast Guard; U.S. ArmyCorps of Engineers; Florida Department of Environ-mental Protection; Florida Department of CommunityAffairs; Monroe County, Department of MarineResources. This agreement has not been initiated.

The Management Team

The “overall” Management Team is comprised of anInteragency Group and a larger field staff levelResource Management Team, including Sanctuarystaff. The Management Team represents agenciesactively involved in some aspect of resource man-agement in the Florida Keys. This Team will identifyand recommend action items for the Federal, State,and local managing agencies to be implemented inthe Sanctuary. One or more advisory councils willprovide input to this process from the user perspec-tive.

Interagency Group

The Interagency Group is comprised of agency staffrepresentatives with statutory or direct responsibili-ties for Management Plan development and imple-mentation. The agencies represented on this Inter-agency Group are those that have agreed to enterinto the continuing integrated resource managementprocess by signing the Interagency Compact Agree-ment. Their representatives have been involved inthe development of the Draft Management Plan andcontinuous management process. The InteragencyGroup will meet at least two times per year. Inaddition, at least one public meeting of the entireManagement Team, together with the SanctuaryAdvisory Council, will be conducted to communicatethe current status of management activities in theSanctuary. The Interagency Group will assist inimplementation of the management plan in a varietyof ways: (1) by reviewing and commenting on theprogress of management programs; (2) by identifyingpotential funding and personnel resources needed toimplement programs; and (3) coordinating thedevelopment of policies at the national, state, andlocal levels with those identified in the managementplan.

Resource Management Team

The Resource Management Team consists ofrepresentatives of Federal, State, regional, and localgovernment agencies, and Sanctuary staff at thefield level. These members are the field resourcemanagers for the various agencies that are currentlyinvolved in resource management programs such asresource protection, science, and education. Ex-amples of membership would include refuge manag-ers, park managers, preserve managers, state landsmanagers, heads of agency science programs, andother local agency resource managers. This groupwill be established by a charter agreement or MOA.Team members will play an important role in contin-ued cooperation between agencies by communicat-ing relevant information on Sanctuary activities withintheir agency’s internal management structures. ThisTeam will be responsible for carrying out the variousintegrated management programs within the Sanctu-ary. They will be responsible for identifying newgoals and objectives and raising any new issues orproblems as they develop.

The Resource Management Team will communicateclosely with the Interagency Group, the SanctuaryAdvisory Council, and various Standing Committeesto assure successful implementation of the Sanctu-ary Management Plan and the Water Quality Protec-tion Program.

Sanctuary Advisory Council

The FKNMSPA and NMSA authorized the establish-ment of a Sanctuary Advisory Council (SAC) toassist NOAA in developing and implementing thisSanctuary Management Plan. Council participantsrepresent conservation groups, public interestgroups, local industry representatives, academia,commercial and recreational user groups, and thegeneral public. The role of the Sanctuary AdvisoryCouncil is to provide recommendations to theResource Management Team on Sanctuary man-agement needs. The SAC will serve to identify gapsin Sanctuary management as well as serve in thecapacity of liaisons to the community regardingSanctuary issues. The SAC will also serve as thecommunity’s liaison to the Resource ManagementTeam regarding the impact of implementation on thepublic and the public’s interest in managementneeds. The SAC will serve to assist in resolvingdifficult and controversial issues in the Sanctuary byproviding their expertise and advice in recommenda-tions to the Resource Management Team andSanctuary staff. The SAC will also serve as the localcommunities’ liaison to the Resource Management


39

Team regarding the impact on the public of manage-ment implementation and their concerns aboutmanagement. Members of the SAC will be asked tosit on Ad Hoc Partnership Groups and serve onvarious Standing Committees to assist in the imple-mentation of the management plan and identificationof Sanctuary management needs.

Ad Hoc Partnership Groups

The Ad Hoc Partnership Groups will be committeesformed on a temporary basis to handle immediateSanctuary management needs. These groups will beformed on an as needed basis to assist the Inter-agency Group, the Resource Management Team,the SAC, or any of the Standing Committees onspecific tasks or projects. The membership of thesegroups may include members from any of the othergroups, or outside experts asked to address aspecific topic. For example, under the Permit MOA,an Ad Hoc group may be formed to coordinatemultiple Federal, State, and local permits for largeprojects which are likely to affect Sanctuary re-sources. Another example is, under the Protocol forFisheries Management, an Ad Hoc group may beformed to coordinate the management of fisheries inthe Sanctuary by the South Atlantic Fishery Manage-ment Council, Gulf of Mexico Fishery ManagementCouncil, the Florida Marine Patrol, and the US CoastGuard. Chairs of these groups will be appointed atthe time of their formation.

The South Florida Ecosystem Restoration TaskForce

The South Florida Ecosystem Restoration TaskForce (SFERTF) (Volume III, Appendix B) wasestablished through an Interagency Agreementsigned on September 23, 1993. The Task Force wasestablished to “coordinate the development ofconsistent policies, strategies, plans, programs, andpriorities for addressing the environmental concernsof the South Florida ecosystem.” The Task Forcecreated a Management and Coordination WorkingGroup (The Working Group) to annually formulateand recommend to the Task Force managementpolicies, strategies, plans, programs, and prioritiesfor ecosystem restoration and maintenance. Theefforts of the Working Group are facilitated and betterintegrated through the work of four Subgroupsincluding: science; management; infrastructure; andpublic information and education. The Florida KeysNational Marine Sanctuary has been identified as thedownstream component of the South Florida ecosys-tem and for that reason management activitiesbetween the SFERTF and the Resource Manage-

ment Team must be integrated to the greatest extentpossible.

The memberships of the Interagency Task Force,Working Group, and Subgroups includes federal,state agencies, the Seminole Tribe of Florida, andthe Miccosukee Tribe. Memberships of these groupsoverlap with the various groups identified for theContinuous Management Process of the Sanctuary.This overlap, especially in the subgroups, shouldfacilitate the integration and implementation of thepriorities established by the SFERTF with those ofthe Sanctuary.

Water Quality Protection Program SteeringCommittee

The FKNMSPA directed the U.S. EnvironmentalProtection Agency (EPA) and the State of Florida, inconsultation with NOAA, to develop a Water QualityProtection Program for the Florida Keys NationalMarine Sanctuary. The purpose of the Water QualityProtection Program is to “recommend priority correc-tive actions and compliance schedules addressingpoint and non-point sources of pollution to restoreand maintain the chemical, physical, and biologicalintegrity of the Sanctuary including restoration andmaintenance of a balanced, indigenous population ofcorals, shellfish, fish, and wildlife, and recreationalactivities in and on the water.” In addition to correc-tive actions, the Act also requires development of awater quality monitoring program and provision ofopportunities for public participation in all aspects ofdeveloping and implementing the program.

Membership of the committee shall include represen-tatives of the Environmental Protection Agency,National Park Service, U.S. Fish and Wildlife Ser-vice, Army Corps of Engineers, NOAA, FloridaDepartment of Community Affairs, Florida Depart-ment of Environmental Protection, South FloridaWater Management District, Florida Keys AqueductAuthority, three individuals in local government in theFlorida Keys, and three citizens knowledgeableabout the Program. The Regional Director of EPAand the Florida Department of Environmental Protec-tion serve as Co-chairs of the Steering Committee.The Director of NOAA’s Office of Ocean and CoastalResource Management is a committee member andensures integration of the water quality program withthe other Sanctuary management programs.

40


State of Florida . The State has ongoing resourceprotection, management, and permit programs thatcarry out Sanctuary objectives. State funding di-rected toward Sanctuary management could beincreased and/or focused on activities identified inthe Action Plans. For example, the State has pro-vided funding to the Sanctuary Education Programon various projects, such as “Coral Reef Classroom”and "Team OCEAN".

Nonprofit Organizations . The Sanctuary hasparticipated in cooperative projects with nonprofitorganizations in which each party contributed partialfunding. For example, the Sanctuary and The NatureConservancy cooperatively support a program torecruit and organize volunteers to perform tasks thatbenefit the goals of the Sanctuary.

Foundations . NOAA’s Sanctuaries and ReservesDivision has been working with the National Fish andWildlife Foundation (NFWF) to develop collaborativeefforts to increase the visibility and accessibility ofthe National Marine Sanctuary Program. The NFWFoperates by awarding challenge grants to matchprivate-sector funds, often generating double- ortriple-match cooperative projects. Sanctuary support-ers in the Keys have established a Florida KeysSanctuary Friends group to support Sanctuaryprograms and products. Similar foundations havebeen established in conjunction with national estua-rine research reserves around the country.

Damage Assessment and Restoration RevolvingFund . Section 312 of the National Marine Sanctuar-ies Act (NMSA) authorizes NOAA to pursue civilactions to recover response costs and damages forincidents that injure, destroy, or cause the loss ofSanctuary resources. Since fiscal year 1991, fundscollected by NOAA under Section 312 have beendeposited in the Damage Assessment and Restora-tion Revolving Fund (DARRF). Section 312(c)requires that 20 percent of recovered damages, up toa maximum balance of $750,000, be used to financeresponse actions and damage assessments. Theremaining damages are to be spent, in priority order,to: 1) restore, replace, or acquire the equivalent ofthe injured Sanctuary resources; 2) manage andimprove the affected national marine sanctuary; and3) manage and improve any other national marinesanctuary. The Florida/NOAA MOA for Coordinationof Civil Claims Based on Injuries to SanctuaryResources addresses the use of recovered sums torestore damaged resources consistent with Section312. The strict criteria on the use of these Section312 funds precludes expenditures for managementpurposes until other obligations for these funds are

Implementation Costs

An integrated management approach involves manyFederal, State, and local agencies that have a stakein the long-term health of the Sanctuary. Conse-quently, the total costs for managing the Sanctuaryare to be shared by the participating Federal, State,and local agencies and may be further supported byprivate efforts, including NGOs. Table 3 presents theestimated annual operation and maintenance costsfor implementing the Management Plan. The costspresented are for management of the Sanctuary anddo not reflect costs to improve water quality in theFlorida Keys. These costs are significant and aresummarized in the Water Quality Action Plan and areexplained in more detail in the Phase II document ofthe Water Quality Protection Program.

Current and Potential Funding Sources

Limited resources are currently available for fullimplementation of all the management actionsoutlined in the Preferred Alternative. Existing sourcesof financing will have to be supplemented if signifi-cantly more management activities are to be under-taken. Potential sources of additional funding aredescribed in the following paragraphs.

Table 3. Estimated Annual Operation and Mainte-nance Costs for Implementing the Management Plan

Channel Marking 0.60

Program AreaCost

(million dollars)

Administration 0.90

Education 0.50

Enforcement 1.40

Research and Monitoring 1.06

Zoning 1.00

Mooring Buoy 1.00

Volunteer 0.06

Submerged Cultural Resources 0.08

Total 6.60

Sanctuary Operation Funds . The Sanctuary ismanaged jointly by NOAA’s National Marine Sanctu-ary Program and Florida’s Bureau of Coastal andAquatic Managed Areas. Operating funds for Sanctu-ary management come from Federal appropriationsto the National Marine Sanctuary Program. Operat-ing funds cover expenses such as personnel sala-ries, boat maintenance, property rental, equipmentand supplies, etc.


41

met. These monies collected for Section 312 actionsare not considered revenue generating funds be-cause of the emphasis on directing the monies backto restoring the damaged resources.

Civil Penalty . Under Section 307(c) of the NMSA,NOAA can assess a maximum civil penalty of up to$100,000 per day per violation of the NMSA or anyregulation or permit issued under the statute. Whilethis maximum authority is ample for aggregiousdestruction of coral and other significant Sanctuaryresources, most civil penalties for routine resourceviolations in the existing Key Largo and Looe KeyNMS have been comparable to those collected byother agencies for similar infractions. The statuteprovides that funds are to be used, in priority order,to: 1) manage and improve the sanctuary withinwhich the violation occurred; 2) pay a reward forinformation leading to a civil penalty or forfeitureaction; and 3) manage and improve any othersanctuary. Under the Interim Management MOA andthe Co-trustee Agreement, NOAA has agreed thatany monetary recovery of civil penalties be used toremedy injury to Sanctuary resources for the exclu-sive benefit of the Florida Keys National MarineSanctuary.

FKNMS License Plate Funds . An initiative isunderway to introduce legislation setting up aspecialty automobile license plate with a “Save theCoral Reef Tract” theme. Fees from Florida residentswho purchase the license plate would go toward afund dedicated to supporting reef protection activi-ties. “Manatee” and “Florida Panther” license plates,made available in 1990, have generated $1 million to$2 million per year.

Boating Improvement Fund. The fund is adminis-tered by Monroe County and is derived from aportion of state vessel registration fees which arereturned to the county where they are generated.The fund must be used for projects designed toenhance boating, and is specifically targeted atchannel marking, launching facilities, and similarprojects. Currently, Monroe County receives approxi-mately $125,000 annually from this source; conse-quently, this is money that exists and is alreadybeing applied to channel marking needs in theSanctuary.

South Florida Ecosystem Restoration . The SouthFlorida Ecosystem Restoration Task Force(SFERTF) (Volume III, Appendix B) was establishedthrough an Interagency Agreement signed onSeptember 23, 1993. The Task Force was estab-lished to “coordinate the development of consistentpolicies, strategies, plans, programs, and priorities

for addressing the environmental concerns of theSouth Florida ecosystem.” Part of the Task Force’sresponsibilities are to obtain funding for the restora-tion of the South Florida ecosystem including theFlorida Keys National Marine Sanctuary. Potentialfunding sources that may be used for Sanctuarymanagement and water quality improvementsinclude the 1996 Farm Bill, highway toll collections,and monies earmarked for particular agenciesthrough the Federal appropriations process for therestoration efforts in the South Florida ecosystem.

Action Plans: Introduction

43

Action Plans

Introduction

The following chapters include the 10 Sanctuaryaction plans that outline the process for implementingManagement Plan strategies. Action plans arecomposed of bundles of management strategiessharing common management objectives, andpresent the initial outline of the steps required forimplementation. They provide an organized structureand process for implementing management strate-gies, including a description of the activities required,institutions involved, and requirements necessary foreither complete or partial implementation. Althoughthe plans are comprehensive, more detailed informa-tion about the tasks required must be developed foreach strategy prior to implementation.

Action Plan Organization. All action plans areorganized in three sections: 1) an introduction; 2) adescription of strategies in the plan; and 3) a strategyimplementation schedule. The introduction summa-rizes the goals and objectives of the plan and pre-sents an overview of all strategies to be imple-mented. The description section lists the strategiesand their component activities. Each activity is a sub-component of the overall strategy, and represents aspecific management action(s). The implementationsection summarizes the requirements (e.g., funding,costs, personnel, etc.) needed to implement thestrategies in each action plan.

Action Plan Specifics. The Research and Monitor-ing and Water Quality action plans address require-ments mandated in the Florida Keys National MarineSanctuary and Protection Act (FKNMSPA). Inaddition, the National Marine Sanctuary Programtraditionally has Education and Outreach, Enforce-ment, and Volunteer programs at each sanctuary.The Channel/Reef Marking, Mooring Buoy, Sub-merged Cultural Resources and Zoning plans outlinespecific actions that will be taken to protect Sanctu-ary resources. The Regulatory plan includes theSanctuary regulations and explains how manage-ment strategies have been incorporated into theregulations.

Limitations. Action plans provide only preliminaryimplementation and funding guidelines, and theirparameters may change in the future. They presentonly the planned actions considered necessary toaddress the range of issues and problems confront-ing the Sanctuary. Their primary limitation is thatstrategies are expected to change with the evolution

of the Sanctuary Program. Because the informationin the action plans represents only the initial steps ofimplementation, the development of more-detailedinformation is still necessary.

Another limitation relates to the timing, cost, funding,and personnel requirements for each plan. Thisinformation is estimated and expressed in ranges, asmore detailed information cannot be provided, giventhe uncertainties in the planning stage at this time.These estimates must be refined closer to the time ofstrategy implementation. This implementation isusually dependent on a coordinated mix of Federal,State, and local institutions, and many of these jointefforts will require memoranda of agreement and/orunderstanding among the cooperating agencies.

Although the thrust of what must occur to implementmost strategies should already be identified in theaction plans, they do not include all of the informationrequired for complete implementation. Detailedinformation about the tasks, resource requirements,and agreements necessary to implement eachstrategy must still be developed. The Sanctuary staffand institutions providing assistance must developthe more detailed information required for suchimplementation to be successful.

Action Plan Development. Action plans weredeveloped as a means of implementing managementstrategies recommended by the Core Group, Strat-egy Working Group, and Advisory Council. Topicswere initially identified by NOAA and the SanctuaryCore Group, and were then assigned to professionalswith expert knowledge about their specific theme(e.g., education, zoning, etc.). These professionalsdeveloped the draft text for the plans, and this textwas reviewed by NOAA. The revised drafts weresubmitted to the Core Group members and peerreviewers for additional comments, and this informa-tion was incorporated into the plans found in thisdocument. The paragraphs below describe the actionplan development process in more detail.

Strategy Identification. The first step in developingaction plans was to identify the strategies that wouldmake up each plan. The 98 strategies in AlternativeIII were analyzed by the action plan authors and theCore Group to determine the appropriate mix ofstrategies in each plan. The objective was to placestrategies in plans according to their managementthrust. For example, all strategies that includedspecific educational activities were included in theEducation and Outreach Action Plan. Strategies

Action Plans: Introduction

44

requiring research and monitoring were included inthat plan. Table 1 lists the strategies in each actionplan.

Strategies in Multiple Plans. Due to the complexity ofmany strategies, some were included in more thanone action plan. For example, a strategy may appearin both the Education and Outreach Plan and theVolunteer Plan, with each plan detailing the imple-mentation procedure for the appropriate componentof the strategy. The Printed Materials strategy, forexample, includes both educational and volunteercomponents.

Other strategies, however, were exactly the same inmultiple plans (e.g., many strategies in the Researchand Monitoring Plan are the same as those in theWater Quality Action Plan). Where this is the case, acomplete strategy description is included in only oneplan, and that description is referred to when thestrategy is mentioned in other plans.

Developing Background Information for StrategyImplementation . For each strategy within eachaction plan, information was developed regarding anumber of parameters affecting strategy implementa-tion. For example, information on the timing ofimplementation, costs, and currently availablefunding was compiled. This information was devel-oped at planning workshops, and by the action planauthors, the Core Group, and peer reviewers. Foreach plan, information was developed for the param-eters listed below.

Strategy Prioritization. Management strategies wereorganized into three groups (referred to as prioritylevels high, medium, and low in the action plans andaction plan summaries) based on their relativeimportance or implementation feasibility. Because ofthe large number of strategies and the limited re-sources available, prioritization was necessary todetermine the timing of strategy implementation.Initially, action plan authors identified “high-priority”strategies for their respective plans, and the list ofthese strategies was revised by the Core Group.

Planned Level of Activity inYear 1. Each strategy andactivity has been assigned an estimated “activitylevel” (high, medium, low, or none) for year 1, andthis information is included in each action plan.Activity levels represent the anticipated level of actionin the first year following the adoption of the Sanctu-ary Management Plan.

Months to Complete Strategy. This is the estimatednumber of months required to complete each strat-egy or activity. If a strategy is expected to continue

indefinitely, the number of months required to com-plete its main thrust is identified and it is listed as acontinuous strategy. Although it would be useful tolist a detailed milestone-type schedule for eachstrategy (i.e., defining when a strategy will begin andend), the uncertainties involved in implementing sucha large number of strategies limit realistic schedulingto listing the number of months required for comple-tion.

Funding. This is the level of funding currently avail-able from all sources (Federal, State, local, andprivate) to complete each strategy. Because costsare not clearly defined, and the number of institutionsthat will be involved in funding activities may change,this is a subjective estimate based on expert knowl-edge (i.e., action plan authors and the Core Group).Funding-level estimates are provided for four avail-ability categories: less than 50 percent; 50 to 74percent; 75 to 99 percent; and 100 percent.

Costs. Estimates have been developed for eachstrategy and component activity for total capital costsand annual operations and maintenance costs. Costsare given in ranges and, when possible, are listed atthe activity (strategy component) level within eachaction plan.

• Capital costs include the purchase of equip-ment (boats, vehicles, etc.), construction ofbuildings and plants, land acquisition, andother start-up expenses.

• Operations and maintenance costs includesalaries, travel expenses, rent, utilities, up-keep, supplies (fuel, paper, etc.), and otheradministrative expenses. All cost estimates arelisted in ranges.

Geographic Focus. The geographic focus of astrategy or activity. Management actions may beSanctuary-wide, or limited to a specific area such asthe Upper, Middle, or Lower Keys.

Personnel. The number of personnel required toimplement the strategy or component activity.Estimates of staff requirements are listed in ranges.

Strategies Not Included in Action Plans. Nineteenstrategies were not placed in action plans (excludingthe Volunteer Action Plan), as they were not consid-ered to fit within any plan. However, one stategy(B.10: Damage Assessment) was considered impor-tant enough to be a high-priority strategy (to beimplemented in year 1). Based on its importance, theSanctuary Superintendent will be responsible forensuring that this strategy is fully implemented.

45

Action Plans: Channel/Reef Marking

recommendation about additional marking is made.Several inventories will be conducted to assesscurrent shallow-water resource damage, the locationof all existing markers (permitted and unpermitted),the location and function of all marine facilities, anddepth of the entrance and exit channels from Keyssubdivisions. In addition, tests of the premise thatmarking may increase boat traffic will need to becompleted. Changes in boating activity will have tobe monitored as new marking systems are placed insensitive areas.

Although much of the work described in this actionplan was completed by early 1994, these activitieshave been included in the plan to provide a completedescription of the channel/reef marking requirements.In addition, those activities that have already beencompleted are identified. Overall, the Channel/ReefMarking Program should ultimately become a mainte-nance program, and will be a continuous componentof the Sanctuary management process.

How the Plan is Organized. This plan outlines theapproach for developing and implementing a Sanctu-ary-wide channel/reef marking scheme. The plan isbased on the management strategies in AlternativeIII, and outlines the steps necessary to create aneffective Channel/Reef Marking Program within theSanctuary. The plan is composed of two strategiesand their component activities, and is organized inthree parts: an introduction, description of strategies,and a discussion of implementation considerations.

Background

Management Strategies. Each strategy in the ActionPlan has been assigned an estimated activity levelfor year 1 (high, medium, low, or none) which repre-sents an estimate of the planned level of action that

Table 4. Summary of Channel Marking Strategies

Channel/Reef Marking Action PlanThis action plan describes the strategies used todevelop and implement a comprehensive chan-nel/reef marking plan for the Sanctuary. The twostrategies in the plan are derived from AlternativeIII, the most balanced of the management alterna-tives. The strategies are described in terms oftheir component activities. For each strategy/component activity, the time required for imple-mentation, funding availability, costs, and re-sponsible agencies/organizations are outlined.Table 4 summarizes key information about thestrategies included in this plan.

Introduction

The strategies in this action plan are designed toestablish an effective channel/reef marking systemfor boaters within the Sanctuary. Although ChannelMarking is already in place in selected areas, consid-erable resource damage is occurring in areas lackingthese navigational aids. The plan will establish astandardized system of signage that will be utilizedthroughout the Sanctuary, and will establish thepriorities for channel/reef marker placement (empha-sizing long-term protection and the enhancement ofimpacted shallow-water resources).

Marking the reefs as well as the entrance and exitareas and the major accessways to and from FloridaBay, the Gulf of Mexico, and the Atlantic Ocean willminimize the damage done to shallow-water re-sources throughout the Sanctuary. In addition, actionplan implementation will facilitate enforcement actionagainst damaging effects that are the result ofinappropriate boater activities.

It is assumed that additional channel/reef marking inwell-defined and prioritized locations will reduce thedamage to shallow-water resources. A number ofpreliminary assessments must be completed before a

B.1 Boat Access Survey1

B.4 Channel Marking High High 75-99% 10

Overall Sanctuary

Priority Level

Months to

Complete

Channel Marking Program

Planned Level of Action in

Year 1

Funding for Full

Implemen-tation

Number of Activities to

be Undertaken

Numberof

InstitutionsStrategiesPage

4747

48

-- 75-99% 5

8

2* 0

60+

+

Strategies with an " " for Overall Sanctuary Priority Level are already existing programs and/or will be completed in the first year of sanctuary operation.*+

1 Much of this strategy will be completed prior to year 1, however, it includes an activity that will continue indefinitely.

46


reasonable and appropriate public access to theresource. The channel/reef marking Action Plan hasbeen developed with these goals in mind.

Sanctuary Goals. The Sanctuary is affected greatlyby broad spatial resource impacts, with a substantialproportion comprised of shallow benthic resources inwaters affected by constant use. A main Sanctuarygoal is the protection of these shallow areas byvarious means, including an extensive and well-managed Channel/Reef Marking Program. Sanctuarygoals with respect to channel/reef marking include:

• protecting and improving degraded shallow-water resources;

• providing reasonable and appropriate publicaccess while minimizing resource damage; and

• educating the public about what has been doneto protect the resource and what they can doby becoming better boaters.

Program Objectives. To achieve these goals, thefollowing objectives must be accomplished:

• assess the characteristics of boat use within the Sanctuary;

• assess the extent and intensity of damage that has occurred due to prop dredging;

• develop a standardized channel/reef marking system for the Sanctuary;

• develop channel/reef marking criteria that provide maximum protection to Sanctuary resources, ensure reasonable boating access, and allow for easy transit within the Sanctuary;

• gain agency and user consensus on the channel/reef marking criteria;

• implement a plan for installing new markers; and

• educate the public about the Channel/Reef Marking Program.

will occur in the year after the Sanctuary manage-ment plan is adopted. In addition, the time requiredfor implementation, costs of implementation, andavailable funding (Federal, State, local, and private)have been estimated for each strategy. The compo-nent activities in each strategy, and the institutionsresponsible for implementing these activities, havebeen identified as well.

The strategies for the Management Plan, whichincludes the channel/reef marking Action Plan and allother action plans combined, have been grouped intothree priority levels, based on their relative impor-tance or feasibility. A strategy’s priority level is basedon factors such as available funding, costs, person-nel requirements, timing, levels of existing implemen-tation, and existing legislative/regulatory authority.The high priority level includes the 16 most importantstrategies. The medium priority level contains 36strategies that represent the next level of importanceto the Sanctuary and will have some level of activityin year one. Low priority items contain the remainingstrategies in the Management Plan. Those strategiesplanned for completion in or before year one do nothave a priority level.

Channel/reef marking Strategies . The Boat Access(B.1) strategy is completed, as outlined below, exceptfor the continued update and maintenance of thedatabase and GIS layer developed as the result ofcompleting activities in this strategy. The channel/reef marking strategy (B.4) is included in priority level1. Portions of this strategy have been completed,while some activities are ongoing.

Relationship to Other Action Plans . The regula-tions associated with the channel/reef markingstrategy are included in the Regulatory Action Plan.Anticipated volunteer assistance is described in theVolunteer Action Plan. Also, while the Boat Accessstrategy is included as a component of the MooringBuoy Action Plan, the implementation scheme(description of activities and associated information)for the strategy is only included in this action plan.

Goals and Objectives

National Goals. The need for channel/reef markingin the Sanctuary is unique within the National MarineSanctuary Program. The Sanctuary contains broadshallow-water areas and significant reef tract thatrequire channel/reef marking for adequate resourceprotection. Still, the implementation of a channel/reefmarking Plan is based on the more general nationalgoal of resource protection and the provision of

47


Description of Strategies

Channel Marking Strategies

B.1: Boat Access• Acquire existing information• Develop and carry out boat access survey• Input survey data to a GIS• Make survey results available to resource man-

agers• Update survey results

B.4: Channel Marking• Survey current boat travel patterns• Survey boater use• Survey damage from prop dredging• Inventory and georeference channel markers• Survey subdivisions for shallow-water access• Assess channel marking effectiveness• Integrate data• Organize channel marking program• Implement channel marking program• Develop channel marker maintenance program

Channel Marking

The Channel/Reef Marking Program is comprised oftwo strategies. The Boat Access strategy (B.1) hasbeen completed and has generated informationabout the location of existing marine facilities in theKeys and this data has been incorporated into ageographic information system (GIS) that will bemaintained by the State. The GIS will be updatedbased on changes in facilities and newly issuedpermits. The channel/reef marking strategy (B.4)contains 10 activities. The first seven activities arelargely complete and have provided the informationnecessary to assess need, prioritize and implementchannel/reef marking. The other three will establishthe process for developing a comprehensive Chan-nel/Reef Marking Program. Activities 8 and 9 areunderway.

Activity 1-Acquire Existing Information. Obtaininformation about the location of existing marinefacilities in the Keys. Sources should be broad, andmay include local comprehensive plans, permit datafrom Federal, State, and local agencies, and previ-ously conducted surveys.

Existing Program Implementation. The MonroeCounty Department of Marine Resources (DMR) andthe Florida Marine Research Institute (FMRI) of theFlorida Department of Environmental Protection(FDEP) have already completed this activity.

Implementation. This activity was implemented bythe FMRI and the Monroe County DMR.

Schedule. This activity was completed prior to year1.

Activity 2-Develop and Carry Out Boat AccessSurvey. Develop a data sheet to characterize eachmarine facility, and carry out a ground survey of eachboat access site in the Keys. The sheet shouldinclude the precise location (local address and globalpositioning system (GPS) coordinates), type offacility, services provided, and intensity and type ofuse (recreational, commercial, live-aboard).

Existing Program Implementation. The FMRI andMonroe County DMR have completed this activity.

Implementation. This activity was implemented bythe FMRI and Monroe County DMR.


Activity 3-Input Survey Data into a GIS. Input alldata developed through the on-site survey into a GISdatabase.

Existing Program Implementation. Monroe CountyDMR and the FMRI have completed this activity.

Implementation. The Monroe County DMR wasresponsible for completing this activity under contractwith the FMRI. All data has been turned over to theFMRI and will be updated by the Monroe CountyDMR as marine facilities change or new ones comeinto existence.


Activity 4-Make Survey Results Available toResource Managers. Initiate a process to make the

Strategy B.1:Boat Access

Conduct a survey to assess public and private boataccess throughout the Sanctuary.(Completed prior to Year 1)

48


marking could be improved to facilitate their ability totravel, while minimizing potential damage to Sanctu-ary resources. All information collected will beentered into both a State and county GIS.

Existing Program Implementation. Public meetingswere held in 1992 to gather information about currenttravel routes. The survey was completed and theresults confirmed in September 1993.

Implementation. The Monroe County DMR had thelead responsibility for implementing this activity. TheFMRI will provide a primary role in implementation byproviding GIS assistance.

Schedule. This activity was completed prior to year1 and required two months to complete.

Activity 2-Survey Boater Use . This survey wasdesigned to define the spatial and temporal patternsof boat use within the Sanctuary. It involved weeklyoverflights in a prescribed pattern alongthe Sanctuary's north/south boundaries from SoldierKey to the Marquesas. Boat counts were madeduring these flights, and each identified boat wasassigned spatially to a one-minute grid. The over-flights were coupled with simultaneous on-watersurveys to enable clearer definition of specific boateractivities at the time of each overflight. All dataderived from this survey has been entered into a GIS.

Existing Program Implementation. The overflightswere initiated in late summer 1992 and continuedthrough late summer 1993.

Implementation. The FMRI had the lead responsibil-ity for implementing this activity, and NOAA providedprimary support. The Nature Conservancy assistedwith implementation.

Schedule. This activity was completed prior to year1. The overflights required 12 months to complete.Work on the data at the FMRI lasted through 1995.

Activity 3-Survey Damage from Prop Dredging .The prop dredge survey was designed to determinethe distribution and extent of damages to shallow-water resources in the Sanctuary that have resultedfrom boating activities.

Existing Program Implementation. The survey hasalready been conducted using existing aerial photog-raphy and overflights of selected areas. Field workbegan in summer 1992 and was completed byJanuary 1993. Information from the survey has beenincorporated into the FMRI GIS. A summary report

information developed in the marine facilities surveyavailable to resource managers in map, graphic, andwritten form.

Existing Program Implementation. This activity isongoing. Data is currently available through theFMRI. As part of FMRI’s obligation to maintain datacreated as a result of activities carried out in theSanctuary, this information will become more readilyavailable over time. See Strategy W.28 in the WaterQuality Action Plan.

Implementation. The FMRI will be the lead agencyresponsible for implementing this activity. NOAA willassist in implementation.

Schedule. This activity is ongoing as part of StrategyW.28 in the Water Quality Action Plan.

Activity 5-Update Survey Results. Update themarine facilities GIS database as facilities changeand new ones are permitted.

Implementation. The FMRI will be the lead agencyresponsible for implementing this activity. Thisactivity should become a continuous process, withthe Monroe County DMR providing primary support.

Schedule. This activity will continue indefinitely.

This strategy is also included in the VolunteerAction Plan.

Strategy B.4.:Channel/reef marking

Establish a channel/waterway marking systemthroughout the Sanctuary. (High Priority Level, HighLevel of Action in Year 1, Five years to Complete, 75-99% Funding Available for Full Implementation)

This strategy is comprised of a number of ongoingprojects whose purposes may be broader than thescope of the channel/reef marking strategy. However,the information made available through theseprojects will assist in the development of this strat-egy. These projects are listed as individual activitieswithin this plan.

Activity 1-Survey Current Boat Travel Patterns.This survey was designed to determine the typicalroutes of travel used by all segments of the publicwithin the Sanctuary. The survey included informa-tion about how participants believe channel/reef

49


components of the Action Plan: 1) baseline photo-grammetric (aerial photography) information forassessing changes in benthic communities in dis-crete areas following the establishment of the Chan-nel/Reef Marking Program; and 2) baseline data forevaluating possible changes in boater use of an areawhich result from the installation of channel markers.The project will assess the effectiveness of variouschannel/reef marking methods to reduce shallow-water resource damage over time. It is anticipatedthat additional overflights will be completed each yearfor at least five years after new markers are installedso that resource managers can assess changes inprop scarred areas over time. Before and aftersurveys of boater use on various channels will alsohelp to assess whether channel/reef marking in-creases the number and size of vessels using anarea. Additional methods (e.g., on-site monitoring) forevaluating the effectiveness of the channel/reefmarking effort will be used as the program is imple-mented.

Existing Program Implementation. Five areas havealready had aerial overflights completed. These arethe north end of Big Coppitt Key, Lower SugarloafSound, Kemp Channel south of U.S. Highway 1, thenorth end of Ramrod Key and the Lignum VitaeAquatic Preserve area. Two of these areas, LowerSugarloaf Sound and the Lignumvitae area, receivedchannel/reef marking.

Implementation. The Monroe County DMR will havethe lead responsibility for implementing this activity,and the FMRI will provide technical and financialsupport.

Schedule. This activity will be an ongoing part of theChannel/Reef Marking Program and will be com-pleted in an effort to assess the effectiveness ofchannel/reef marking in each individual area marked.

Activity 7-Integrate Data. Virtually all of the informa-tion collected through the first five activities will beincluded in a GIS.

Implementation. The FMRI and the Monroe CountyDMR had the lead responsibility for implementing thisactivity.

Schedule. This activity was completed prior to year1. It required 30 months to complete.

Activity 8-Organize Channel/Reef Marking Program.This activity will be implemented to develop theprocess for marking channels. A channel/reef mark-ing Working Group (CMWG) composed of represen-

was provided to FMRI in early 1993 to describesurvey results. This information is now available onthe FMRI, GIS and in FMRI Technical Report TR-1.

Implementation. The FMRI had the lead responsibil-ity for implementing this activity.

Schedule. This activity was completed prior to year1. It required nine months to complete the fieldsurvey work. The Technical Report was madeavailable in 1995.

Activity 4-Inventory and Georeference ChannelMarkers. The channel marker inventory was de-signed to identify all known markers, and character-ize and georeference them. Information gathered hasbeen incorporated into a GIS. The survey will allowfor an assessment of where new markers may beadvantageous, will help determine where markersmay be repositioned. The survey allowed the MonroeCounty DMR to identify the location of unpermittedmarkers and will help them determine if they shouldbe removed. A relatively good database on permittedmarkers currently exists. However, prior to thecompletion of this survey, only anecdotal informationwas available for unpermitted markers.

Implementation. Monroe County had the leadresponsibility for implementing this activity. NOAA,the FMRI, and the U.S. Coast Guard (USCG) as-sisted with implementation.

Schedule. This activity was completed prior to year1. It required twelve months to complete.

Activity 5-Survey Subdivisions for Shallow-waterAccess. This survey was designed to complete anassessment of water depths at subdivision entrancepoints, and of shallow-water impediments betweenthe Atlantic Ocean, Florida Bay, and the Gulf ofMexico and subdivision entrances. The informationcollected will be used to prioritize the placement ofcorrective or additional marking.

Implementation. Monroe County had the leadresponsibility for implementing this activity. The FMRIand the Florida Department of Community Affairs(FDCA) provided primary support.

Schedule. This activity was completed prior to year1. It was carried out at the same time as the channelmarker survey and required twelve months to com-plete.

Activity 6-Assess channel/reef marking Effective-ness. This activity will establish two very important

50


tatives from NOAA, Fish and Wildlife Service (FWS),National Park Service (NPS), U.S. Army Corps ofEngineers (USACE), USCG, FDEP and FDCA, andthe Monroe County DMR was established in 1993 tocoordinate this activity. As a result, preliminarychannel/reef marking criteria were developed in1994. Citizen and user groups will also be asked toparticipate to assist the CMWG in refining the chan-nel/reef marking criteria. The CMWG will be respon-sible for: 1) developing a joint statement of jurisdic-tion; 2) defining the typical conditions under whichchannel markers will be used; 3) recommending newtypes of signage for use in the shallow waters of theKeys, subject to approval by the U.S. Coast Guard;4) continuing to develop the criteria for assessing theneed for marking; 5) developing the list of potentiallocations for channel markers; 6) developing thecriteria for prioritizing the order of importance for newchannel marker installation; and 7) evaluating theneed to remove channel/reef markers which arefound to have a detrimental effect on shallow watercommunities. The 1994 Draft channel/reef markingPrioritization Criteria are provided in Table 5. Thecriteria are designed to emphasize the use of mark-ers to eliminate documented damage where boat useis already established, rather than improving accessto less frequented areas.

Implementation. Through the CMWG, NOAA andMonroe County will take the lead responsibility forconvening the agencies responsible for permittingand placing channel markers in the Sanctuary. Inorder to facilitate an accelerated and comprehensiveprogram that meets the resource management goalsof the Sanctuary, both agencies will work to coordi-nate and streamline the permitting process. This willinclude a consensus building effort designed toevaluate and come to terms with differences inresource management priorities in the wildlife refugesof the Lower Florida Keys. The FMRI will provideprimary technical support. All aids to navigation mustbe approved by the USCG.

Schedule. This activity will be completed by early1997. It will require twelve months to complete. It isanticipated that the Monroe County DMR will receivegrant funding to continue the development of thechannel/reef marking Plan. This funding should allowfor the completion of this activity and part of Activity10.

Activity 9-Implement Channel/Reef MarkingProgram. Based on the information developed in theprevious activities, channel/reef marking will beimplemented. This activity consists of four compo-nents: 1) establishing funding sources and develop-

ing an implementation time frame based on currentand projected funding allocations; 2) establishingimplementation responsibilities; 3) submitting andreviewing permit applications based on the review ofthe CMWG recommendations; 4) installing thechannel markers; and 5) removing channel/reefmarkers when necessary.

Existing Program Implementation. Monroe Countyreceives funding from the State of Florida through theBoating Improvement Fund (BIF). This fund isderived from State vessel registration fees, a portionof which is returned to the county where the feeswere generated. In 1995, Monroe County receivedapproximately $125,000 from the BIF. This moneymust be used for boating improvement activities,including channel markers. Monroe County has beenactive in sponsoring channel/reef marking projectsutilizing this funding source. Projects originate withthe Monroe County DMR and require review andapproval by the Marine and Port Advisory Committee(MPAC) and the Board of County Commissioners. Itis also possible for Monroe County to draft anordinance which would allow the County to levy anadditional 50 percent of the State’s portion of vesselregistration fees. For example, for a vessel 26 feet inlength or less, the State’s portion of the registrationfee is $18.50. Thus, an additional $9.25 could belevied directly by the county. Such an ordinancewould provide, at a minimum, an additional $200,000per year to the County for boating improvementneeds such as channel/reef marking. At current(1995) rates, if the County allocated 75% of the BIFto channel/reef marking, approximately 100 channelmarkers could be installed annually. Up to 250 to 300markers could be installed annually if the ordinancewere passed. A conservative estimate of the numberof new markers required is in the range of 500 to1,000.

Implementation. The Monroe County DMR will havethe lead responsibility for implementing this activity.The Florida DEP, the U.S. ACOE and the USCG willserve a primary role by reviewing permit applicationsfor all aids to navigation. Monroe County will installthe majority of the channel markers. All aids tonavigation must be approved by the USCG.

Schedule. Implementation will begin prior to year 1.The permitting and marking components of thisactivity will be continuous. At a minimum, the projectwould last four years based on full monetary commit-ment. It could last as long as 10 years. In the first twoyears more time would be spent in developing permitapplications and in attaining permits. In subsequentyears, a greater proportion of time allocation would

51


go to channel marker installation. A goal of theprogram is to mark 15 high priority channels over fouryears.

Activity 10-Develop Channel Marker MaintenanceProgram. A marker maintenance program will bedeveloped and implemented to ensure the upkeep ofchannel markers. A major component of this processwill include the development of a GIS database forthe permitted markers.

Implementation. The Monroe County DMR will havethe lead responsibility for implementing this activity.

Schedule. Development of the activity will requiresix+ months to complete. Actual on the water mainte-nance will be a continuous obligation.

This strategy is also included in the Regulatoryand Volunteer action plans.

52


Table 5. Channel/Reef Marking Prioritization Criteria

53


Responsible Institutions . The Monroe County DMRwill have the primary responsibility for implementingthe activities within this action plan. However, thesuccess of the Channel/Reef Marking Program willdepend on the cooperation of other Federal, State,and local agencies, primarily the FMRI and FDEP,USCG, and NOAA. The channel/reef markingWorking Group will also play an important role instrategy implementation. Table 6 lists the institutionsresponsible for implementing each activity.

Prioritization of Implementation. The channel/reefmarking strategy is a high priority level, and isconsidered one of the sixteen most important strate-gies in the Management Plan. Since the Boat Accessstrategy is essentially complete, it has not beenassigned a priority level.

Table 6. Agencies/Organizations Identified for Implementing Strategies/Activities

Implementation

This section explains how the strategies in thechannel/reef marking Action Plan will be imple-mented. The institutions responsible for each activity,and those agencies that will provide some level ofassistance, are identified. The strategies are alsoranked to indicate their overall priority level. Inaddition, the planned level of activity in year 1,months required to complete, funding availability,cost estimates, staff requirements, and the geo-graphic focus of each strategy/activity are provided.Finally, the process used to evaluate the effective-ness of the Channel/Reef Marking Program as itevolves over time is provided.

Strategy/Activity

Primary Role AssistLead

Develop and Carry Out Boat Access Survey

Input Survey Data into a GIS

CHANNEL MARKING PROGRAM

Inventory and Georeference Channel Markers

Agencies/Organizations

Make Survey Results Available to Resource Managers

Update Survey Results

Survey Current Boat Travel Patterns

Survey Boater Use

B.4 Channel Marking

B.1 Boat Access Survey

Acquire Existing Information

Survey Damage from Prop Dredging

Organize Channel Marking Program

Survey Subdivisions for Shallow-Water Access

Assess Channel Marking Effectiveness

Integrate Data

Develop Channel Marker Maintenance Program

Implement Channel Marking Program

NO

AA

FD

EP

(E

RP

)

FD

CA

TN

C

FM

RI (

FD

EP

)

US

CG

US

AC

E

DM

R

Abbreviations: NOAA, National Oceanic and Atmospheric Administration; USACE, U.S. Army Corps of Engineers; USCG, U.S. Coast Guard; FDEP, Florida Department of Environmental Protection; ERP, Environmental Resource Permitting; FMRI, Florida Marine Research Institute; FDCA, Florida Department of Community Affairs; DMR, Monroe County Department of Marine Resources; TNC, The Nature Conservancy.

54


Table 7. Requirements for Implementation

Schedule. Table 7 lists the estimated time requiredto implement each strategy and activity in the Chan-nel/Reef Marking Program. Most activities in thechannel/reef marking strategy are expected to becompleted in year 1. However, the implementation ofthis strategy (i.e., installing and maintaining channelmarkers), will be a continuous process. All activities(excluding updating survey results) in the BoatAccess strategy will be completed before year 1.Updating boat survey results will be a continuouscomponent of the Boat Access strategy.

Cost. The costs associated with implementing theChannel/Reef Marking Program are expected to besignificant (up to $1 million in total capital costs andan additional $250,000 for annual operations andmaintenance costs). The bulk of these costs areassociated with placing and maintaining channelmarkers throughout the Sanctuary. The estimatedcost of each activity is provided in Table 7.

Geographic Focus. Both strategies will be imple-mented Sanctuary-wide.

Personnel. About 10 staff members from the MonroeCounty DMR and the institutions identified in Table 6will be required to implement the channel/reefmarking strategy. Two staff members from theMonroe County DMR have been involved in imple-menting the Boat Access strategy and will continue tobe involved in developing the plan, submitting permitapplications, and developing installation and mainte-nance contracts.

Contingency Planning for a Changing Budget.About $125,000 per year is available from MonroeCounty Boating Improvement Funds, some aids tonavigation will be owned and maintained by theUSCG. Although the current level of funding will allowthe Program to function, fully implementing the

Strategy/Activity

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f A

ctio

n in

Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

Mai

nt. (

$1,0

00)


Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

AC 75-99%B.1 Boat Access Survey

Abbreviations: Maint., Maintenance; AC, Already Completed; C, Continuous; SW, Sanctuary Wide.

Develop and Carry Out Boat Access Survey

Input Survey Data into a GIS

Make Survey Results Available to Resource Managers

Update Survey Results

Acquire Existing Information

Inventory and Georeference Channel Markers

Survey Current Boat Travel Patterns

Survey Boater Use

B.4 Channel/Reef Marking+

Survey Damage from Prop Dredging

Organize Channel Marking Program

Survey Subdivisions for Shallow- Water Access

Assess Channel Marking Effectiveness

Integrate Data

Develop Channel Marker Maintenance Program

Implement Channel Marking Program

High High 75-99%

AC

60+

<10

>5,000

NC

260-600

2

10

AC 75-99%AC <10 NC

AC 75-99%AC <10 NC

AC 75-99%AC <10 NC

AC 75-99%AC <10 NC

High 75-99%C <10 NC

SW

SW

SW

SW

SW

AC 75-99%AC <10 NC SW

AC 75-99%AC 10-99 NC SW

AC 75-99%AC 10-99 NC SW

AC 75-99%AC 10-99 NC SW

AC 75-99%AC <10 NC SW

High 75-99%C 10-99 10-99 SW

AC 75-99%AC <10 NC SW

High 75-99%12 <10 NC SW

High <50%C 1,000-5,000 250-500 SW

High 75-99%C <10 NC SW

+All of the activities, except for implementing channel marking, are currently underway. Some may be completed prior to year 1.

AC

55



Channel/Reef Marking Program will require additionalfunds. As noted previously, sufficient funds wouldbecome available immediately if the County werewilling to adopt an ordinance to levy additional fundsthrough the state vessel registration fee require-ments. The program will be completed; additionalfunding simply shortens the time frame.

Evaluating Program Effectiveness and Efficiency.The effectiveness of the Channel/Reef MarkingProgram will be evaluated based on how manyproposed markers are installed each year. Theprogram’s effectiveness will also be determinedbased on the success of the process to update thesurvey information developed through the Program.

57

Action Plans: Education and Outreach

This action plan identifies and describes educa-tion and outreach strategies that will be imple-mented in the Florida Keys National MarineSanctuary. The strategies in the plan are derivedfrom the Preferred Alternative, the most balancedof the management alternatives. For each strat-egy, the time required for implementation, fund-ing availability, costs, and responsible parties areoutlined. All of the 10 strategies will be imple-mented in the first year of Sanctuary operation.These strategies are expected to have a signifi-cant effect on managing, protecting, and preserv-ing both natural and cultural Sanctuary re-sources. Table 8 summarizes key informationabout the strategies included in this plan.

Introduction

One of the primary mandates of the Florida KeysNational Marine Sanctuary and Protection Act(FKNMSPA) is to educate the public about themarine environment surrounding the Keys. Thediverse habitats, resources, and unique setting of theKeys offer opportunities for the interpretation ofmarine subtropical and temperate environments.Educational and outreach strategies in the actionplan fall into two general categories: communityinvolvement/community program strategies andproduct development strategies. The first groupincludes education and outreach strategies designedas interactive programs for user groups (e.g., exhibitproduction, training programs, workshops, school

programs, public-involvement forums, and specialevents). Strategies that result in the development ofspecific products (i.e., printed materials, audio-visualmaterials, signs and displays in high-use areas of theKeys, public service announcements, visitor booths/displays, etc.) providing a mechanism for publiceducation and outreach are included in the secondgroup. The education and outreach strategiesincluded in this plan were developed based on inputfrom environmental educators, the Sanctuary educa-tion staff, user groups, environmental activists, andconcerned citizens through two workshops (May1988 and September 1991) held in the Keys andthrough public comment received on the draft man-agement plan. Guidance on levels of activities andpriorities was provided by the Sanctuary AdvisoryCouncil and the FKNMS Core Working Group.

Education and outreach have been used as a tool inresource protection from the beginning of the Sanctu-ary Program in the Keys. The Looe Key and KeyLargo national marine sanctuaries have used educa-tion as an effective management tool since theirdesignation. A number of educational programs arecurrently underway at the two sanctuaries, and willcontinue to be implemented in the FKNMS (see insetbox Existing Programs). Examples of these programsinclude instruction to teachers and students about theSanctuary environment (Coral Reef Classroom), on-site interpretive tours, subject-specific slide pro-grams, interpretive law enforcement, interpretiveexhibits at trade shows and festivals, weekly camp-fire programs, training seminars, and volunteerprograms.

Education and Outreach Action Plan

Table 8. Summary of Education and Outreach Strategies

Overall Sanctuary

Priority Level

Months to

Complete

Community Involvement/Community Program


Year 1

Funding for Full

Implemen-tation


be Undertaken

Numberof

Institutions

Product Development

StrategiesPage

62

68

E.4 Training, Workshops, and School Programs

High Medium <50% 7 19

E.6 Advisory Board High High 1 12

E.10 Public Forum Medium Low <50% 4 14

E.11 Special Events Medium Low <50% 5 20

E.1 Printed Materials High Low <50% 13 18

E.2 Audio-Visual Materials Low <50% 2 11

E.3 Signs/Displays/Exhibits Low <50% 6 17

E.5 PSAs Low <50% 5 13

E.7 Promotional/Educational Materials Low <50% 2 8

62

64

65

66

68

71

72

74

75

12+

6+

12+

9+

C

3+

36+

60+

48

Abbreviations: C, Continuous.

100%

Medium

Medium

Medium

Medium

E.12 Professional Development67

58


strategies are included in medium priority level, andeach will have some level of implementation in thefirst year of Sanctuary operation. Table 8 summa-rizes the education and outreach strategies andactivities within this plan, including Sanctuary prioritylevel, planned level of action in year 1, months tocomplete, and funding available for full implementa-tion.

Relationship to Other Action Plans . In general, allmanagement activities are dependent on successfulinterpretation and education and outreach. In fact,one can envision an educational and outreachcomponent to all management strategies. Themanagement plan conceptualizes the educationaland outreach approach as a primary tool of resourcemanagement to help preserve natural marine habi-tats and submerged cultural resources, with enforce-ment activities as an additional tool for these pur-poses. All of the strategies listed in this plan, exclud-ing the establishment of an education advisory board,are also included in the Volunteer Action Plan. Thesuccess of Sanctuary educational and outreachstrategies is dependent upon the volunteer assis-tance. The Training, Workshops, and School Pro-grams strategy is also included in the Water QualityAction Plan.


National Program Goals . Marine Sanctuaries areestablished throughout the country in recognition of asite’s unique environmental and/or historical andcultural characteristics. This plan’s reference to theenvironment is intended to include natural as well ashistorical-cultural resources. Each Sanctuary standsapart as a national treasure, and education, out-reach, and interpretation activities regarding thenatural resources of these areas is often site-specific.However, there are National Marine SanctuaryProgram goals that apply to each Sanctuary that helpdefine the framework for developing site-specificeducation and outreach activities. The educationgoals of the National Program include:

• providing educational leadership in marineconservation and protection efforts throughoutthe nation’s national marine sanctuaries andnational estuarine research reserves;

• adopting a Sanctuary Program/system-wideunity and identity to promote greater nationalawareness, while encouraging site-specificindividuality;

How the Plan is Organized . This action plan isorganized in three sections: an introduction, descrip-tion of strategies, and discussion of implementationprocedures. The introduction summarizes the goalsand objectives of the Education and OutreachProgram and provides background information onplanning efforts. The strategy description sectiongroups strategies according to whether they containcommunity-involvement or product-developmentactivities. The implementation section details howstrategies in the plan will be placed into action. Foreach strategy and component activity, the prioritylevel, funding availability, costs, and timing of imple-mentation are summarized.

Background

Management Strategies . Each strategy has beenassigned an estimated activity level for year 1 (high,medium, low, or none). This activity level is anestimate of the planned level of action that will occurin the first year after the Sanctuary Management Planis adopted. In addition, the time required, costs ofimplementation, and funding availability (Federal,State, local, and private) have been estimated for allstrategies. The component activities within eachstrategy, and the institutions responsible for imple-mentation, have also been identified.

The strategies for the Management Plan, whichincludes the Education and Outreach Action Plan andall other action plans combined, have been groupedinto three priority levels, based on their relativeimportance or feasibility. A strategy’s priority level isbased on factors such as available funding, costs,personnel requirements, timing, levels of existingimplementation, and existing legislative/regulatoryauthority. The high priority level includes the 16 mostimportant strategies. The medium priority levelcontains 36 strategies that represent the next level ofimportance to the sanctuary and will have some levelof activity in year one. Low priority items contain theremaining strategies in the Management Plan.Those strategies planned for completion in or beforeyear one do not have a priority level.

Education and Outreach Strategies . This actionplan includes the 10 strategies in the PreferredAlternative that have an education or outreachcomponent. Although the plan includes many strate-gies important to Sanctuary protection, the strategiesconcerning printed materials, training programs, andan advisory board are a high priority with regards toimplementation. However, seven of the remaining

59


Existing ProgramsEducation and outreach has been a primary source ofresource protection in the Florida Keys since the firstsanctuary was established in 1975. There are a numberof educational and outreach efforts underway at the KeyLargo and Looe Key national marine sanctuaries that willcontinue within the framework of the FKNMS. Some ofthe more effective educational and outreach programs inthe Keys are:

Coral Reef Classroom. This training program uses boththe Key Largo and Looe Key national marine sanctuariesas in situ classrooms where students and teachers aretaught about coral reef ecology, Sanctuary management,and coral reef monitoring. Monroe County science/biology students have been provided on-site tours toobserve the complexities of the coral reef ecosystem thatcannot be gained in the traditional classroom.

On-Site Interpretive Tours. Tours within the waters of theexisting sanctuaries have provided unique and meaning-ful educational experiences for participants. Thesesnorkeling trips are usually preceded by a slide programor lecture. Topics of discussion include: Sanctuarymanagement, coral reef ecology, research, and naturaland human-induced impacts.

Subject-Specific Slide Programs. Slide and/or videoprograms are provided upon request to schools, col-leges, special-interest groups, government officials,clubs, etc.

Interpretive Law Enforcement. In addition to enforcingSanctuary regulations, Sanctuary law enforcementofficers contact visitors on the water every day, distribut-

ing Sanctuary brochures and providing information. Thisapproach enhances on-site identity, lends a friendlycooperative spirit, increases compliance with Sanctuaryregulations, and prevents violations or negative impacts.

Interpretive Exhibits. Sanctuary exhibits are oftenprovided at national trade shows/ conferences and localcommunity events (i.e., seafood festivals, regional boatshows, and dive shows). These exhibits are usuallystaffed by Sanctuary personnel.

Frequent Users Meetings. These periodic meetingsupdate commercial and recreational users of the KeyLargo and Looe Key national marine sanctuaries aboutcurrent management issues, educational products andprograms, research results, and law enforcementconcerns.

Weekly Campfire Programs. Sanctuary officers provideweekly slide programs at the Bahia Honda State Parkduring the winter tourist season (November throughApril).

Training Seminars. Sanctuary staff provide seminars ondamage assessment techniques, mooring buoy installa-tion, and reef cleanup on a request basis.

International Training Program. This program is adminis-tered by the National Marine Sanctuary Program and isestablished for managers and staff of marine protectedareas around the world. The training includes instructionand discussion of management strategies, law enforce-ment, education, research, and facilities maintenance.

• linking the sanctuaries and reserves programsto each other through national environmentaleducation programs; and

• establishing a standard of excellence that isattained through the education programs of allsites.

Sanctuary Education and Outreach ProgramGoals . Recognizing the importance of programconsistency and the need to attain the standards thatwill link the programs of the sanctuaries and re-serves, goals and objectives have been developedspecifically for the FKNMS. These goals are de-signed to respond to the specific environmentaleducation needs of the Keys’ community and Sanctu-ary visitors/users.

There are three broad (and sometimes overlapping)characterizations of Sanctuary education and out-reach program goals and objectives to be consid-ered.

The first set of these are those with desired out-comes for Sanctuary staff and education providergroups. These address staff training and staff devel-opment.

The second broad category of goals and objectivesadresses learner outcomes, and includes awareness,cognitive knowledge, skill development and participa-tion in stewardship. These outcomes are very muchlinked to the first set of outcomes.

A final set of outcomes, categorized as Sanctuaryoutcomes, refers to issues of Sanctuary awareness,management and enforcement. According to thesebroad characterizations, the Sanctuary Educationand Outreach Program goals are as follows:

Staff and Education Provider Goals:

• facilitating environmental education opportuni-ties for all segments of society; and

60


• promoting and supporting education andtraining opportunities for Sanctuary staff andentities providing education programs withinthe Sanctuary.

Learner Outcome Goals:

• promoting a holistic view of the Keys’ ecosys-tem as an interrelated and interdependentsystem of habitats;

• encouraging and promoting a sense of userstewardship regarding the marine environmentby imparting strategies and skills which willhelp reduce the occurrence and effects offuture resource impacts;

• promoting and fostering a clear awareness ofthe economic, biological, recreational, educa-tional, and cultural values of the Keys’ ecosys-tem, as well as the interdependence of thesefactors upon one another;

• fostering increased recognition and under-standing of:

1. social and political issues associatedwith these resource impacts and;

2. associated management strategiesintended to reduce or eliminate suchimpacts.

• fostering knowledge and understanding of thehistorical relationships between humans andthese ecological systems, with attention toresource impacts, and the limitations of currentscientific knowledge.

Sanctuary Outcome Goals:

• promoting the awareness of, and support for,the Florida Keys National Marine SanctuaryProgram through community partners ineducation, outreach, awareness, enforcement,and management.

Sanctuary Education and Outreach ProgramObjectives

Because of the Sanctuary’s large size and range ofmanagement issues, there are many SanctuaryProgram objectives that encompass a wide variety ofthemes. To achieve the goals defined above, thefollowing objectives should be met:

• support, develop, and establish cooperativeagreements to promote innovative educationalprojects regarding the Sanctuary and/or theKeys’ marine ecosystem;

• provide and support multi-disciplinary environ-mental education experiences;

• provide and support training opportunities forresource users;

• utilize the existing network of educators andenvironmental education organizations andinstitutions already in place;

• provide orientation and continuing educationfor FKNMS education staff, officers and otherson ways to teach target groups about theresources in the Sanctuary, both at a cognitiveand a skill-based level;

• cross reference regulatory and interpretiveenforcement in the Education/Outreach ActionPlan;

• provide educational opportunities for theeducational community, including organizationsand agencies delivering environmental, naturalhistorical, cultural, and socio-economic educa-tion information, so that they may have accessto consistent, accurate scientific information;

• provide mechanisms so that new ideas andpolicies can be introduced and incorporatedinto the ongoing Education and OutreachAction Plan; and

• provide permitting mechanisms so that pre-existing education organizations and newentries may carry out their activities within theSanctuary with minimal processing.

Learner Outcome Objectives

• provide the public with information gainedthrough research in a timely fashion;

• provide educational information at technicaland scientific meetings;

• provide education for visitors to the Sanctuary;

• provide a cognitive understanding of broadecosystem interactions as well as a skill-basedunderstanding;

61


• facilitate specific education for Monroe Countyyouth that emphasizes the interconnectednessof the Keys ecosystem through travelingsequential field trip programs;

• provide education for audiences outside of theFlorida Keys (state, national, and international);and

• provide on-site opportunities for resourceeducation.

Sanctuary Outcome Objectives

• increase NOAA and other organizations'awareness of educational programmingactivities in the Keys by non-agency organiza-tions;

• increase public awareness of current Sanctu-ary activities;

• encourage community cooperation and partici-pation in Sanctuary management;

• increase the understanding of, and voluntarycompliance with, sanctuary resource manage-ment efforts (channel marking, mooring buoys)and regulatory requirements (e.g., zoningregulations);

• provide the public with information gainedthrough research;

• increase public awareness of cumulativeenvironmental impacts in the Keys;

• provide opportunities for individuals to become“caretakers” of the environment;

• provide information at “high-profile” locations;

• provide informative environmental educationand outreach programs to school systems;

• provide exposure to environmental education,introducing an ecosystem approach over time;

• provide multilingual environmental educationmaterials and programs; and

• provide environmental education opportunitiesfor adults.

62


Description of Strategies Community-Involvement/Community-ProgramStrategies

E.4: Training/Workshops/School Programs• Promote/support environmental education

in Monroe County and State schools• Produce the Florida Keys Environmental

Education Resource Directory• Provide/support environmental education

workshops for educators• Provide environmental education for law

enforcement personnel• Sponsor and support adult environmental

education• Establish a certification program• Deliver education at the resource (Team

O.C.E.A.N.)

E.6: Advisory Board• Establish an education advisory board

E.10: Public Forum• Establish public meeting program• Develop a speakers' bureau and lecture series• Conduct a poster contest• Conduct a photo contest

E.11: Special Events• Develop and maintain trade show information

booths• Hold an environmental exposition• Hold a Sanctuary grand opening• Design and implement a Kids' Week• Design and implement a Sanctuary Awareness

Week

E.12: Professional Development of Educationand Outreach Staff

Community-Involvement/Community- Program Strategies

Education and outreach strategies designed toinclude opportunities for interaction can be defined ascommunity-involvement/community-program strate-gies. Examples of activities within these strategiesinclude educational exhibit production, trainingprograms, workshops, school programs, public-involvement forums, and special events. New strate-gies and/or activities may be added as the programevolves. When possible, all strategies within thiscategory will have a multilingual component, as aconcerted effort will be made to communicateenvironmental education to the non-English-speakingpopulation of South Florida.

Strategy E.4:Training/Workshops/School

Programs

This strategy will help develop instruction and trainingopportunities, including programs conducted byteachers, Sanctuary staff, other non-formal educa-tors, and volunteers. Training programs (e.g., CoralReef Classroom, submerged cultural resources, etc.)will also be provided for teachers, environmentalprofessionals, business owners and operators, andlaw enforcement officials. These programs will bedesigned to keep these audiences up-to-date withconsistent and accurate scientific information. Keyelements of these training opportunities will include:1) emphasis on an ecosystem approach; and 2)fostering a cognitive knowledge, as well as a skill-based knowledge, of the Key’s ecosystem.(Priority level High, Medium Level of Activity in Year1, 12+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Promote and Support EnvironmentalEducation in Monroe County and State Schools.The Education Program supported the additionaldevelopment of a Monroe County EnvironmentalEducation Plan. The plan provides sequential expo-sure to environmental issues over the course of astudent’s development (from grades K-12). Sanctu-ary education staff and-or other professional environ-mental educators will develop grade-appropriateenvironmental education materials, provide andsupport natural and cultural resources field trips, andprovide educators (private and public) with informa-

tion regarding Sanctuary resources. Education staffwill train volunteers and professional educators toprovide presentations and support and conduct fieldtrips. A strong component of this activity will be toinclude field trips to sites throughout the Keys toemphasize the connectedness of the local ecosys-tems. While engaging in this activity, Sanctuary staffwill take advantage of the network of educators andinstitutions already in place, including the MonroeCounty School District. Expand the Coral ReefClassroom to educate about more habitats such asnearshore and bay areas. Education programsshould focus on the cognitive development of thestudents as well as skill-based knowledge. TheFKNMS will have the authority and option to issueRFP’s for educational services to be awarded on acompetitive basis.

63


Existing Program Implementation. The SanctuaryProgram currently provides an intensive marineeducation program for students in grades 7-9 at theKey Largo and Looe Key national marine sanctuar-ies. This two-day Coral Reef Classroom involvesboth lectures and on-water scientific instruction. Itcurrently takes place over a five-week period duringthe Spring. Sanctuary education staff conduct allaspects of the course, and are working closely withthe Monroe County school system to develop acomprehensive environmental education program forgrades K-12. The Sanctuary Program also currentlyprovides field trip opportunities for school groups andother independent environmental education organiza-tions on request.

Implementation. The Coral Reef Classroom programwill be expanded to the Key West area, and classeswill be offered over the course of the year. A part-time staff person will be responsible for organizingthe course, and grant funds will be sought to supportthis effort. This program will be expanded to includemore habitat such as the nearshore and bay areas.After a county school system education program isdeveloped, the education staff will work with thecounty science coordinator to schedule field trips, orwill provide information on other environmentalprograms that may provide educational support.Environmental educators within the school systemand in private organizations will receive Sanctuaryinformation on a regular basis. This information maybe related to current resource issues and Sanctuaryprograms. Workshops will be investigated as apossible avenue for information dissemination, andeducators will receive in-service credit for attending.There is a need to work more closely with elementaryteachers on the development of thematic units foreach grade (i.e. develop an articulated scope andsequence). It is recommended that the educationstaff seek to actively involve teachers, or teams ofteachers, in such developmental efforts.

Schedule. This activity will have a high level ofaction in year 1. It will be continuous.

Activity 2-Produce the Florida Keys Environmen-tal Education Resource Directory (FKEERD). Adirectory of environmental (natural and historical-cultural resource) education activities in the Keys,including a description and listing of the groupsinvolved, will be produced and distributed to inter-ested parties. Information will be derived from theresults of a 1991 survey of environmental educatorsand two workshops held with environmental educa-tors. The directory will be updated every three years,ensuring that existing activities are not duplicated.

Existing Program Implementation. The directory iscurrently available within the Sanctuary.

Implementation. Sanctuary education staff will beresponsible for producing the directory, and providingcopies on request.

Schedule. This activity will have a low level of actionin year 1. It will require 8 months to complete.

Activity 3-Provide and/or Support EnvironmentalEducation Workshops for Educators . This activitywill enhance the knowledge base of local educatorsthrough environmental education workshops regard-ing the Keys’ natural and cultural resources, and willinsure that the education community within the Keysis communicating consistent, accurate scientificinformation. Co-sponsorship of educational work-shops (with financial assistance) will be investigated.

Existing Program Implementation. Sanctuaryeducation staff currently provide logistical supportand instruction for teacher in-service and environ-mental education workshops sponsored by theMonroe County school system and other localenvironmental education programs.

Implementation. Using the FKEERD, Sanctuaryeducation staff will identify programs that providetraining for environmental educators. Staff memberswill contact these programs to discuss how theSanctuary Program can help. The staff will alsodetermine whether training opportunities are lacking,and will coordinate with other groups to organizefuture workshops if necessary. Staff will incorporatethe assistance of the local community of environmen-tal educators already in place.


Activity 4-Provide Environmental Education forLaw Enforcement Personnel . Provide basic envi-ronmental education to law enforcement personnelregarding resource identification, and ecosystemsignificance. Because many law enforcement person-nel operating in the Sanctuary will be cross-depu-tized, training on the Sanctuary’s natural and culturalresources will be essential. Officers must understandenvironmental consequences that can occur as aresult of violations. This approach should emphasizeboth cognitive and skill-based educational program-ming for these officers. It should also provide theseofficers with educational skills so that they act in therole of educators as well as enforcement agents.

64


will be established that, when fulfilled, will qualifybusinesses to be “certified” as environmentallyconscious operators. The businesses and theirpatrons will be provided with educational informationregarding Sanctuary resources and regulations. Atraining program may be a component of this activity.Participation in any certification programs will bevoluntary.

Implementation. Sanctuary education staff willcontact the Florida Association of Dive Operators, theKeys Association of Dive Operators, ProfessionalAssociation of Dive Instructors, National Associationof Underwater Instructors, the Young Men’s ChristianAssociation, chambers of commerce, and TouristDevelopment Council to determine the level ofinterest in this program and potential fundingsources. The education staff, in coordination withstaff from interested organizations, will develop thecertification requirements and training materials.

Schedule. This activity will have no action in year 1.It will require 12 months to complete.

Activity 7 - Provide mechanisms outside of thelaw enforcement sector that can help deliverresource education at the site of the resource .An example may include volunteer and/or paidpersonnel located at popular Sanctuary sites wherethe public is likely to access the resource (i.e. TeamO.C.E.A.N.).

Implementation. Sanctuary education staff isworking with volunteers to accomplish this, and usingFederal and State funds to support this work.


This strategy is also included in the Volunteer andWater Quality action plans.

Strategy E.6:Education Advisory Board

Establish an Education Advisory Board to adviseeducators on education goals, priorities, and fundingsources for the Sanctuary. A full-time staff person willeventually be provided to devote 100 percent of his/her time to Advisory Board matters. The AdvisoryBoard will provide a mechanism to introduce newideas into the overall sanctuary Education andOutreach Action Plan.

Existing Program Implementation. Federal/State andSanctuary education and management staff currentlyassist the Florida Marine Patrol (FMP) and NationalMarine Fisheries Service (NMFS) law enforcementpersonnel when necessary. The Federal LawEnforcement Training Center provides training asdoes the State.

Implementation. Sanctuary education staff will workwith the FMP, NMFS and other Federal and Stateentities to develop training courses for law enforce-ment personnel.

Schedule. This activity will have a medium level ofaction in year 1. It will require 12+ months to com-plete.

Activity 5-Sponsor and Support Adult Environ-mental Education . This activity will sponsor andsupport environmental education opportunities forlocal adults interested in learning more about theKeys’ natural and cultural resources. Organizationsoffering adult education (e.g., Florida Keys Commu-nity College, the Power Squadron, and the U.S.Coast Guard Auxiliary) will be identified. Educationstaff will assist programs offering environmental(natural and cultural) education courses by conduct-ing guest lectures, organizing field trips, and distribut-ing educational brochures. When environmentaleducation is not part of an organization’s program,staff will confer with instructors to determine if suchinformation may be included and what form it maytake.

Existing Program Implementation. Sanctuary staffoften conduct guest lectures and offer field tripopportunities for the Florida Keys Community Col-lege, Florida Institute of Oceanography (FIO), andother organizations on request. There are alsohistorical and cultural resource education programsin south Florida which provide opportunities forcooperation.

Implementation. Sanctuary education staff willidentify and contact adult education organizations todetermine how the Sanctuary may support theirefforts and/or establish an environmental educationfocus.

Schedule. This activity will have a medium level ofaction in year 1. It will be continuous.

Activity 6-Establish a Certification Program .Environmentally responsible business practices willbe encouraged through this voluntary activity. Criteria

65


The Advisory Board will examine and provide recom-mendations on matters important to implementinggoals, objectives and strategies. The EducationAdvisory Board should also work to coordinate grantfunding approaches made by the constituents inorder to avoid duplication of effort, secure mutualsupport for projects and avoid competing for scarcefinancial resources. (Priority Level High, Year 1Activity, 6+ Months to Complete, 100% FundingAvailable for Full Implementation)

Activity 1- Create an Education Advisory Board.The Board will be composed of members thatrepresent diverse sectors and interests. This Boardwill be a working group of the Florida Keys NationalMarine Sanctuary Advisory Council. A majority ofthese members will be from the Florida Keys. Groupactivities will include but not be limited to 1) provid-ing information on current activities in the educationcommunity; 2) encouraging cooperative efforts; 3)providing direction for the Sanctuary EducationProgram; 4) preventing the duplication of efforts; 5)promoting stewardship; and 6) guiding developmentof natural and cultural resource education products.

Implementation. Sanctuary education staff will usethe FKEERD and other relevant sources to identifyenvironmental education organizations, and willselect organizations based on regional or geographi-cal representation (Upper, Middle and Lower Keys)and/or sector-based representation on the advisoryboard. Periodic meetings will be organized by theeducation staff. There will be an annual meeting ofeducational facility representatives.

The majority of members will be from the FloridaKeys, and will represent diverse sectors and inter-ests. These might include:

• The Monroe County Environmental EducationAdvisory Council;

• K-12 schools;• the Monroe County School District, and the

District EE Advisory Council;• Florida Keys Community College and local

colleges;• Non-formal institutions which make extensive

use of FKNMS resources and sites (e.g.,Newfound Harbor Marine Institute, Pigeon Key,Sea Base, Marine Resources DevelopmentFoundation);

• Public information and education programs(e.g., public TV and radio stations);

• Entities which provide information and educa-tion programs (i.e. Reef Relief) for user groups(e.g., skin and scuba courses on reef ecology;

sport fishermen programs on catch-and-release);

• Commercial interests whose livelihoods aretied to non-consumptive and consumptive usesof resources within the Sanctuary; and federaland state agencies which currently operatesome form of information and educationprogram within the FKNMS boundaries.

In addition, there are other groups with interestswhich are not located in the Keys per se, yet who arewilling and able to provide support to the EducationPlan and programs of the FKNMS. These include:

• Agencies with jurisdictional interests in ordirectly related to the FKNMS;

• Conservation and environmental organiza-tions with interests in informational, interpre-tive or educational programs;

• State education and teacher organizations(e.g.,FAST, FMSEA, LEEF); and

• Educational organizations who hold meetingsand conferences in the Keys on a periodic orregular basis.

Schedule. This activity will have high priority in year1. It will require 6+ months to complete.

Strategy E.10:Public Forum

Establish a program to ensure public involvementthroughout South Florida in Sanctuary activities byholding public meetings and promoting Sanctuaryawareness to extracurricular groups. A program willbe established to provide Sanctuary sponsorship ofcontests/awards. (Priority Level Medium, Low Levelof Action in Year 1, 12+ Months to Complete, <50%Funding Available for Full Implementation)

Activity 1-Establish a Public Meeting Program. Aseries of public meetings will be held throughoutMonroe County to provide information to encourageuser participation in Sanctuary management. Sanctu-ary staff and/or guest speakers will make presenta-tions, and dialogue between staff members and thepublic will be encouraged. The activity will: 1) en-hance communication between Sanctuary staff andthe public; 2) provide an opportunity for periodicpublic input; and 3) provide an opportunity to educatethe public about current management issues.

Existing Program Implementation. The Looe Keyand Key Largo National Marine Sanctuaries have

66


County to establish the poster contest (e.g., deter-mining the contest theme and educational message).


Activity 4-Conduct a Photo Contest. Underwaterand top-side photo and/or video contests will beconducted to draw attention to the natural resourcesof the Keys’ marine ecosystem. The objective is tofocus public attention on the beauty and importanceof Sanctuary habitats.

Existing Program Implementation. The Looe Keyand Key Largo National Marine Sanctuaries have co-sponsored photo contests in the past.

Implementation. Sanctuary education staff willidentify a co-sponsor for this event. Photos andvideos will be solicited in a variety of categories andprizes will be requested from local vendors. Winningentries will be circulated throughout Monroe Countyand may tour outside South Florida.

Schedule. No action will occur in year 1. It will becontinuous.

Strategy E.11:Special Events

Organize, support, and/or participate in specialevents (e.g., trade shows, expositions, grand open-ings, etc.) that allow for the exchange of Sanctuaryinformation. The Sanctuary will co-sponsor a numberof conferences and workshops, with selected solesponsorship of some events. This would include a“Sanctuary Awareness Week” and a Sanctuary“Grand Opening”. The Sanctuary Program wouldcosponsor other “awareness” events/weeks (e.g.,National Fishing Week, etc.).(Priority Level Medium, Low Level of Action in Year1, 9+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Develop and Maintain Trade ShowInformation Booths . Sanctuary staff will attendtrade shows, local festivals, and other events, andset up displays to provide the public with informationabout Sanctuary resources.

Existing Program Implementation. Sanctuary staff,using portable displays (e.g., posters) from the KeyLargo and Looe Key National Marine Sanctuaries,

traditionally held “frequent-user meetings” in theUpper and Lower Keys. These meetings are forumsthat provide information on topics including Sanctu-ary regulations, research activities, and educationprograms.

Implementation. Sanctuary education and manage-ment staff will have the primary responsibility forimplementing this activity. Meetings will be held twicea year in the Upper, Middle, and Lower Keys, respec-tively. Both the public and commercial/recreationalusers will be invited to attend. Sanctuary staff willpresent information about management, education,research, and law enforcement practices. Guestspeakers may also present information on timelytopics. Dialogue and feedback from the participantswill be encouraged.

Schedule. This activity will have a low level of actionin year 1. It will require 2+ months to complete.

Activity 2-Develop a Speakers’ Bureau andLecture Series. A speakers’ bureau and publiclecture series will be established that will coverenvironmental themes such as species (e.g., native,rare, endangered, understanding life histories), Keys’history, research results, environmental action,weather, South Florida, artificial reefs, and diving.The bureau will include local citizens who will givepresentations by request. Both the bureau andlecture series will enhance public understanding(especially for local and visiting adults) of Sanctuary-related topics. This activity will have an “outreach”component to provide services to audiences at thestate, national and international location.

Existing Program Implementation. Sanctuary staffcurrently give presentations by request.

Implementation. Sanctuary education staff memberswill work with the volunteer coordinator and educa-tion advisory board to compile a list of potentiallecture topics and speakers. Each series will run fromNovember to May.


Activity 3-Conduct a Poster Contest. A theme-oriented poster contest will be conducted throughMonroe County school system art classes. Thecontest will provide a creative method for educatinglocal students about the Sanctuary.

Implementation. Sanctuary education staff willcoordinate with science and art teachers in Monroe

67


currently distribute Sanctuary information at localfestivals and trade shows.

Implementation. Education staff will identify thefestivals and trade shows that provide the most-effective and efficient use of Sanctuary resources.The events selected will be those that attract a largeaudience. Materials developed in the signs/displays/exhibits strategy will be used. For future budgetingpurposes, a list of staff assignments and shows willbe compiled.


Activity 2-Organize an Environmental Exposition .This forum will display environmentally sensitiveproducts and technologies (e.g., sewage treatmentsoptions and alternative fishing gear) to educate thepublic regarding environmentally safe products andservices.

Implementation. The Sanctuary Program, workingclosely with the education staff, will contract with aprivate vendor to organize the environmental exposi-tion. Co-sponsors will be solicited, and the event willtake place at a central location in the Keys, eitheronce or twice a year.


Activity 3-Hold a Sanctuary Grand Opening . Alarge-scale social event will be held to announce the“grand opening” of the Sanctuary. This event maycoincide with the first annual Environmental Exposi-tion.

Implementation. Sanctuary managers and educationand outreach staff will work with the volunteercoordinator to plan a gala event to celebrate theSanctuary’s opening. The event will be held in acentral location in the Keys.


Activity 4-Design and Implement a Kids’ Week . AKids’ Week filled with special events for schoolstudents designed to enhance their awareness of theenvironment will be conducted. The events areintended to inspire a sense of stewardship for theenvironment, and illustrate that kids are directparticipants in protecting the Sanctuary’s resources.

Implementation. Sanctuary education staff, incooperation with the Volunteer Program staff andother cosponsors, will organize Kids’ Week events.Activities may consist of lectures, classroom visits,field experiences, audio-visual presentations, andtelevision shows.

Schedule. This activity will have no action in year 1.It will require 6+ months to complete.

Activity 5-Design and Implement a SanctuaryAwareness Week . A week of activities designed todraw attention to the existence of the Sanctuary andthe achievements of the Sanctuary Program will beconducted. The events are designed to raise aware-ness of the Sanctuary and generate a sense ofstewardship for the resources of the Florida Keys.

Implementation. Sanctuary management, education,outreach, enforcement, research and volunteer staffwill together generate the activities for this event.Other commercial and nonprofit organizations willthen be approached about participating and/orsponsoring some activities to take place. The eventwill be held during the busiest season, Novemberthrough April, in order to reach the most people.


This strategy is also included in the Volunteer ActionPlan.

Strategy E. 12Professional Development

of Education and Outreach Staffand Cooperating Educators

Develop a set of activities that provide for educationfor new members of the FKNMS education andoutreach staff. Also provide continuing education forcurrent staff.

Implementation. Sanctuary education staff willattend professional conferences and programs. Newstaff will be provided with appropriate orientationprograms.

Schedule. Continuous.

68


Product Development Strategies

This group of strategies includes those centered onthe development of some type of product. Print,audio, and video communication products are anintegral component of the Sanctuary’s public educa-tion and outreach program. Products producedthrough these strategies will be used as tools forimplementing many other strategies in the manage-ment plan. Activities include the development ofprinted materials to promote public awareness of theSanctuary; the production of a limited number ofaudio-visual materials; the establishment of signsand displays in high-use areas; the development of aprogram of public service announcements; and theestablishment of visitor booths and displays for thedistribution of educational materials. Materials shallbe multilingual when appropriate and necessary. Afocus of these materials shall be to disseminatecurrent research and results to the public in a timelyfashion. Strategies in this group may be revised ordeleted and new strategies may be added, based onthe progress and success of the strategies proposed.

Strategy E.1:Printed Materials

Develop printed materials to promote the public’sawareness of the impact of their activities, both landand water-related, on the Sanctuary’s resources andenvironmental quality. Promote the proper use ofequipment used for these activities in order tominimize adverse impacts to natural resources.Materials will include brochures, posters, newsletters,contributions to periodicals, environmental nauticalcharts, color environmental atlases, and a colorperiodical. Distribute materials in bulk to high inter-ception locations (e.g., marinas, boat ramps, diveshops, etc.) and include bulk mailings as a means ofdistribution.(Priority Level High, Low Level of Action in Year 1, Itwill be Continuous, <50% Funding Available for FullImplementation)

Activity 1-Design and Print a Sanctuary Brochure .A brochure will be produced that contains compre-hensive information about the Sanctuary.

Existing Program Implementation. Under contract byNOAA, the Center for Marine Conservation devel-oped a brochure in 1991. It educated the public aboutSanctuary boundaries and designation and the

Management Plan development process. The newbrochure will summarize important components ofthe Management Plan and new Sanctuary programs.

Implementation. The brochure will be designed bythe Sanctuary education staff and will be printedusing State or Federal funds. Design and productionwill begin as soon as the management plan isapproved. The brochure will be updated in year 5,following the adoption of the management plan.

Schedule. This activity will have a high level ofaction in year 1. It will require six months to com-plete.

Activity 2-Produce a Monthly FKNMS Newsletter.Sanctuary staff will produce a monthly color periodi-cal. This newsletter will include information aboutcurrent developments in FKNMS management,featuring projects and programs in the Sanctuary.

Existing Program Implementation. Sanctuary staffproduce a monthly newsletter titled “Sounding Line.”The newsletter features projects and programsunderway. It is mailed to a list of individuals andorganizations nationwide who have expressed aninterest in staying informed with regard to the Sanctu-ary.

Implementation. Sanctuary staff will continue todevelop the content of the monthly newsletter.Education and outreach staff will have primaryresponsibility for creative design to support the themeand content of each issue. All program disciplines willbe asked to contribute articles and/or provide inputon content and theme.


Activity 3-Provide Information to Shipping Busi-nesses. Shipping business will be alerted aboutSanctuary regulations (e.g., vessel waste dischargeand Areas to be Avoided). Target audiences includelarge importers/exporters, port authorities, commer-cial fishing companies, and ship insurers.

Existing Program Implementation. Information aboutthe Areas to be Avoided and Sanctuary boundarieshave already been included on NOAA nauticalcharts, but no educational or descriptive informationhas been distributed to the users directly.

Implementation. The education staff will provideeducational products (e.g., videos, brochures) toNOAA’s Sanctuaries and Reserves Division (SRD).

69


Their constituents will be educated as an indirectresult of this activity.

Existing Program Implementation. Sanctuaryemployees currently give information to user groupsand businesses, and brief decision makers onrequest. However, no standardized program forproviding information has been developed.

Implementation. Expanding this activity requires thedevelopment of topic-specific audio-visual productsfor group mailings (when staff are not available). Thisprogram is currently being implemented by theSanctuary education staff. The scope of this effort willexpand as staff size increases and audio-visualmaterials are produced.

Schedule. This activity will have a low level of actionin year 1. It will be continuous.

SRD headquarters and the National Ocean Service(NOS) general counsel will contact the appropriateU.S. and international shipping interests. Fieldeducation staff will contact local port authorities andlarge vessel operators. NOAA headquarters, fieldand general counsel staff, and Florida’s Bureau ofSanctuaries and Research Reserves will workcooperatively in implementing this activity.


Activity 4-Provide Information to CommunityLeaders, Decision makers, and Organized UserGroups. Community leaders, decision makers, andorganized user groups will be informed about Sanctu-ary programs, zoning, research results, and theenvironmental consequences of their activitiesthrough mailings, speakers, and personal contact.

E.1: Printed Materials• Design and print a Sanctuary brochure• Produce a monthly FKNMS newsletter• Provide information to shipping businesses• Provide information to community

leaders, decisionmakers, and organized usergroups

• Provide interpretive information to periodicalsand publications

• Provide information to businesses aboutsanctuary resources and activities

• Provide multilingual information to marinerental businesses

• Distribute educational materials at public boatramps

• Produce and distribute a fact sheet on sanctu-ary boating rules, regulations, and etiquette tobe distributed with annual registrations

• Produce a fact sheet for the Tourist Develop-ment Council

• Distribute information regarding the Sanctuaryin utility bills, newsletters, and vehicle licenses/registrations

• Provide information to service industries aboutenvironmentally safe practices

• Produce a color environmental atlas for theSanctuary

E.2: Audio-Visual Materials• Establish an audio and video library• Produce audio and video tapes and theme-

oriented slide presentations

Product-Development Strategies

E.3: Signs/Displays/Exhibits• Establish wayside exhibits in the Florida Keys• Establish static displays at appropriate loca-

tions• Develop mobile displays with information on all

aspects of the Sanctuary program• Develop interactive educational computer

stations• Establish information booths at South Florida

airports, car rental agencies, and visitorcenters along US 1.

• Design and install road-side signs

E.5: PSAs• Develop a program of PSAs• Develop a media packet• Develop and produce a series of video news

releases• Print marine etiquette on marine-related

materials packaging• Establish VHF and dedicated AM radio stations

E.7: Promotional• Establish visitor booths/displays to distribute

educational materials• Establish interagency visitor center for

orientation purposes

70


Activity 5-Provide Interpretive Information toPeriodicals and Publications . Specific user groupsor communities (e.g., the diving and fishing indus-tries, research community, local naval facilities, andSpanish community) will be targeted with informationabout Sanctuary programs, research findings, andregulations.

Existing Program Implementation. Administrative,research, and education staff currently providearticles to periodicals and newspapers. A limitednumber of articles have been produced by theSanctuary Advisory Council for submission to localnewspapers. This effort was supported by theSanctuary’s Volunteer Program.

Implementation. In cooperation with the VolunteerCoordinator, the education staff will identify topics,authors, and media recipients for a continuing seriesof written pieces to be submitted for publication.Articles of various lengths should begin to be submit-ted by the end of year 1.


Activity 6-Provide Information to Businessesabout Sanctuary Resources and Activities .Information regarding Sanctuary regulations andresources will be provided to local on-water busi-nesses.

Existing Program Implementation. In the past, diveshops and selected marinas have received Sanctu-ary brochures and educational videos.

Implementation. The education and outreach staffwill develop a mailing list of water-related businessesin the Keys, and educational information will bedistributed based on this list. The Volunteer Programwill assist in distributing these materials.


Activity 7-Provide Multilingual Information toMarine Rental Businesses . Multilingual informationregarding Sanctuary activities including programs,regulations, and research activities will be provided tomarine rental businesses (e.g., boat and personalwatercraft rental operations, marina gas facilities,etc.) to educate rental operators and patrons aboutenvironmental issues.

Existing Program Implementation. The educationand outreach staff currently distributes multilingual

videos, brochures, posters, and placards to marinas,dive shops, and boat rental businesses every twomonths or on request.

Implementation. The education and outreach staffwill continue to distribute multilingual educationalinformation. Once the Management Plan has beenadopted, staff will design and produce targetededucational materials.


Activity 8-Distribute Educational Materials atPublic Boat Ramps . Boaters will be provided withinformation about Sanctuary objectives, regulations,and safe boating practices at public boat ramps.

Implementation. The education and outreach staffwill work with the Sanctuary Volunteer Program andother local volunteer organizations to distributeeducational materials. A cooperative agreement maybe sought to achieve this activity.


Activity 9-Produce and Distribute a Fact Sheet onSanctuary Boating Rules, Regulations, andEtiquette to be Distributed with Annual Registra-tions . The fact sheet will be an effective means ofdisseminating information about Sanctuary resourcesand regulations to boat owners and operators.

Implementation. The sheet will be developed by theeducation and outreach staff. Distribution will becoordinated by the education staff and the FloridaDepartment of Environmental Protection (FDEP), andwill occur when registrations are issued or renewed.


Activity 10-Produce a Fact Sheet for the TouristDevelopment Council . The fact sheet will providepotential Sanctuary visitors with information aboutenvironmentally responsible behavior. It will alsoinform tourists of the environmental damage that mayresult from inappropriate actions.

Implementation. The fact sheet will be prepared bythe education and outreach staff, and will be repro-duced and distributed by the Tourist DevelopmentCouncil (TDC). An agreement will be established withthe TDC for implementing this activity.

71



Activity 11-Distribute Information Regarding theSanctuary in Utility Bills, Newsletters, and Ve-hicle/Licenses/Registrations . Through this activity,all residents of the Keys will receive informationabout the Sanctuary and the impacts of their waterand land-based activities on Sanctuary resources. Aninformative brochure, including associated regula-tions and environmentally responsible methods ofsewage and solid waste disposal and other house-hold activities, will be included with utility bills andvehicle/boat registrations. Articles about the Sanctu-ary will also be included in utility newsletters.

Implementation. The education and outreach staffwill develop and submit brochures and articles to theappropriate utility companies and State and localagencies. Volunteers may help prepare and delivernewsletter articles.

Schedule. This activity will have no action in year 1.It will be continuous.

Activity 12-Provide Information to Service Indus-tries About Environmentally Safe Practices .Service industry personnel will be educated aboutenvironmentally safe practices.

Implementation. The education and outreach staffwill provide the educational materials, which will bedistributed by volunteers as part of the VolunteerProgram.

Schedule. This activity will have no action in year 1.It will be continuous.

Activity 13-Produce a Color Environmental Atlasfor the Sanctuary . Sanctuary education and out-reach staff will work with NOAA, FDEP, and theFlorida Marine Research Institute (FMRI) to producea color atlas of Sanctuary resources including habitattypes, population, hurricane paths, and other environ-mental or social themes to be determined.

Existing Implementation. The FDEP has developedand produced benthic habitat maps for the FKNMS.

Implementation. As information is gathered, NOAAwill update the benthic habitat maps that have beenproduced. Concurrently, education and outreach staffwill consult with NOAA and the FDEP and identifyother themes for the atlas. As useful data becomeavailable, they will be included in the environmentalatlas. Education staff will identify locations for copies

of the atlas to be distributed and organize distributionwith assistance from the Volunteer Program.


This strategy is also included in the VolunteerAction Plan .

Strategy E.2:Audio-Visual Materials

Inventory and use existing videos, films, and audio-visual environmental education materials portrayingactivities in the Florida Keys, and their impacts onSanctuary resources. Produce a limited number ofaudios/videos to address gaps in available materials,and to address major activities including boating,fishing, diving, etc. Materials will be available atSanctuary offices and will be distributed to keylocations (dive shops, etc.) throughout South Florida.Materials will be multi-lingual as necessary andappropriate. (Priority Level Medium, Low Level ofAction in Year 1, 3+ Months to Complete, <50%Funding Available for Full Implementation)

Activity 1-Establish Audio and Video Library .Audio-visual materials will be collected and orga-nized, and a Sanctuary library created for use bySanctuary staff and the public.

Existing Program Implementation. Sanctuary officescurrently have slide collections. Duplicates may beprovided upon request.

Implementation. The education and outreach staffwill coordinate with the Volunteer Program to imple-ment this activity. Slides, videos, and audio tapes willbe cataloged by type of media, subject, and length.New contributions to Sanctuary slide and videolibraries will be solicited from amateur and profes-sional photographers. Additional video and audiotapes will be acquired based on budget allowances.Duplicates may be provided upon request. A systemwill be developed and implemented to provide for theloan of audio-visual products.

Schedule. This activity will have a low level of actionin year 1. It will require 3 months to complete.Donations will be accepted on a continuing basis.

Activity 2-Produce Audio and Video Tapes andTheme-Oriented Slide Presentations . Topic-oriented audio and video tapes and slide presenta-

72


tions will be developed for specific age groups, andtheir complexity will vary according to the intendedaudience. Products may range from short instruc-tional pieces to longer presentations that summarizethe Sanctuary development process. In addition, aweekly video television program, Waterways, will beproduced to feature various scientific, educational,and management programs that occur in Sanctuarywaters.

Existing Program Implementation. Several videoshave been produced which focus on the generalsetting of the Sanctuary, and some on-water activi-ties and their impacts on Sanctuary resources. Twowere produced by Looe Key and Key Largo nationalmarine sanctuaries, one was produced by the FDEPand one was produced by the FIO. Each is availableto the Sanctuary to reproduce and distribute. Water-ways is being produced and aired on a weekly basisin partnership with ENP and EPA.

Implementation. The education and outreach staff,Volunteer Program, and government or privateinterests (via cooperative agreements) will producethe educational presentations. Videos will range inlength, with most lasting between 10 and 20 minutes.If possible, videos will be bilingual (i.e., English andSpanish). Topics will include FKNMS existence,programs and regulations, scientific research,educational projects, water quality, and habitatdegradation issues (e.g., boating, fishing, and divingimpacts). Outreach staff will continue to produce 30minute episodes of Waterways exploring the topicsmentioned above.



Strategy E.3:Signs/Displays/Exhibits

Develop signs and displays at high-use areas, allpublic and some private boat ramps, and some publicbeach access areas to inform participants in water-based activities of regulations and environmentallysound practices, provide navigation information, andpromote awareness of nearby sensitive areas.Establish visitor centers/booths at locations through-out the Keys at Sanctuary offices, Chamber ofCommerce visitor centers, etc. Portable displays will

also be produced with information on Sanctuaryresources, regulations, environmental quality, etc.The signs will be multilingual where necessary andappropriate. Targeted multimedia displays will bedeveloped with information and impacts on theSanctuary relevant to the activity targeted. A numberof wayside exhibits will be installed.

Develop a user-friendly computer system containinginformation on regulations, access, recreational sites,environmental etiquette, etc. for visitor use at se-lected sites throughout the Sanctuary within fiveyears. (Priority Level Medium, Low Level of Action inYear 1, 36+ Months to Complete, <50% FundingAvailable for Full Implementation)

Activity 1-Establish Wayside Exhibits in theFlorida Keys. Wayside exhibits are an effectivemeans of educating the public about the Sanctuary.More than one exhibit may be established for locationat popular fishing and disembarkation points in theKeys. The exhibits will provide information aboutSanctuary boundaries, resources, and regulations.

Existing Program Implementation. The educationand outreach staff has designed a wayside exhibit forthe Florida Keys National Marine Sanctuary, andapproximately 40 to 50 exhibits have been placed atboat launching sites throughout the Keys. In addition,the FDEP’s Division of State Lands has designed awayside exhibit. Some exhibits have been placed atpopular fishing and boat-launching sites. In addition,the U.S. Fish and Wildlife Service (FWS) is develop-ing a wayside exhibit to be placed at disembarkationpoints near the boundaries of wildlife refuges locatedin the Keys.

Implementation. Additional sites in the Keys havebeen identified for the placement of wayside exhibits,and an exhibit has been designed that gives informa-tion about Sanctuary boundaries, resources, andrestrictions. Once the Management Plan is adopted,existing exhibits may need to be updated to reflectnew regulations. A new exhibit may be designed or asecond side, containing new information, may beattached to existing exhibits. A cooperative agree-ment will be sought to produce and install the exhib-its. The education staff will be responsible for imple-menting this activity. Volunteers may be used toplace the exhibits.

Schedule. This activity will have a high level ofaction in year 1. It will require 6 months to complete.

Activity 2-Establish Static Displays at Appropri-ate Locations. Space will be secured and informa-

73


tional displays about the Sanctuary set up at visitorcenters, sanctuary offices, museums, libraries,chambers of commerce and State Parks. Thesestatic displays will provide general information aboutthe Sanctuary, and will educate visitors and residentsabout requirements and measures they can take toprotect the area’s natural resources. This productdiffers from wayside exhibits due to display designand information. These displays will be locatedindoors, and will focus on a broader range of topicsthan the wayside exhibit. In addition, an element offlexibility is contained within the static indoor displaysthat is not achieved with wayside exhibits.

Existing Program Implementation. A display iscurrently located at John Pennekamp Coral ReefState Park that describes the Sanctuary and itsassociated programs. Local chambers of commercealso display Sanctuary brochures.

Implementation. Education and outreach staff, alongwith the Volunteer Program, will identify potentialexhibit sites. Cooperative agreements will be soughtwith entities outside the Sanctuary Program to assistin the design and funding of displays. Static displayswill be bilingual (English/Spanish) or multilingual,depending on space availability. Sites under consid-eration already include the Key West Aquarium andthe Florida Keys Natural History Museum.


Activity 3-Develop Mobile Displays with Informa-tion on all Aspects of the Sanctuary Program .Each display will have a different focus and, becausethey are mobile, could be used at conventions, tradeshows, educational meetings, or scientific gatherings.General information regarding Sanctuary locationand programs may be communicated, along withcurrent educational activities or research findings.

Existing Program Implementation. One stand-alonedisplay has been developed that conveys generalinformation about the Looe Key and Key Largonational marine sanctuaries. It has been used atconventions, festivals, and trade shows.

Implementation. The education and outreach staffwill be responsible for implementing this activity. Ifsufficient funding is available, a contractor will behired to construct the displays. In year 1 it is antici-pated that three tabletop displays will be purchased.One will focus on general Sanctuary information, thesecond on Sanctuary education programs, and thethird on current research topics. During year 2, a

stand-alone exhibit conveying information about allaspects of Sanctuary operations will be purchased.Additional tabletop displays will be developed in year3. Grant funding and donations will be actively soughtto support display development and constructionactivities. Volunteers with appropriate expertise willassist in design and construction activities if neces-sary.

Schedule. This activity will have a medium level ofaction in year 1. It will require 36 months to complete.

Activity 4-Develop Interactive Educational Com-puter Stations . Interactive educational displays thatconvey information about Sanctuary boundaries,regulations, resources, education programs, researchprograms, and volunteer opportunities will be devel-oped at locations throughout the Keys. Each stationwill include current Sanctuary data that may beaccessed by any visitor. These stations will have anaudio and visual component, and will include acombination of stationary graphics, an interactivecomputer terminal, and audio recordings.

Implementation. The education and outreach staffwill define the content and logic for the interactivecomputer program, and volunteers will provideassistance. However, a private vendor will be con-tracted to develop and design the program. A pilotsystem will be established in year 1. Alterations willbe made based on information obtained in the pilot,and additional sites will be identified for the place-ment of systems. Funding will be sought for place-ment locations from private and not-for-profit organi-zations.


Cost: To be determined.

Activity 5-Establish Information Booths at SouthFlorida Airports, Car Rental Agencies, and VisitorCenters Along US 1. These booths will establishspecial areas promoting the Sanctuary at high-usetourist locations, and will provide public exposureregarding the Sanctuary and the South Floridaecosystem.

Implementation. The education and outreach staffwill identify booth sites and investigate potentialfunding sources. Booths will be designed on a site-by-site basis. Construction (when necessary) willeither be conducted by volunteers or private contrac-tors. The Sanctuary Program and other groups will

74


developed to educate the public about how theiractivities impact Sanctuary resources. These PSAswill be broadcast on radio and television, and willfocus on boating, diving, household activities, otheractivities impacting Sanctuary resources, and upcom-ing events sponsored by the Sanctuary. The PSAprogram will focus primarily on the South Floridacommunity, with limited State, national and interna-tional exposure. PSAs will be translated and broad-cast on stations that target communities in whichEnglish is not the primary language.

Existing Program Implementation. A number of shortradio PSAs and one TV PSA have been developed.The radio PSAs are frequently used in conjunctionwith a special event such as the annual UnderwaterMusic Festival. The television PSA is used as apromotion for the “Waterways” program sponsoredby NOAA, ENP, and EPA.

Implementation. The education and outreach staffwill be responsible for implementing this activity.Topics will focus on resource values, upcomingprograms, and Sanctuary development. The educa-tion staff will identify topics and, with the assistanceof volunteers, prepare narrative and film or audioannouncements. Television and radio broadcast timewill be secured as funds allow, with first priority beingMonroe County stations.


Activity 2-Develop a Media Packet . Factual infor-mation regarding the natural, cultural, and historicresources of the Sanctuary will be compiled fordistribution. Information will be included on dimen-sions, acreage, and habitat disruption. Halftones orcolor transparencies and a video may be included.Information will also address the benefits of Sanctu-ary management, the ecological importance of thearea’s resources, and concerns and threats to theenvironment.

Implementation. The education and outreach staffwill work with Sanctuary managers to develop a list ofmaterials to be included in the press packet. Staffwill then coordinate with the Volunteer Program todevelop materials identified as needed, but notcurrently available. Volunteers will package thematerials, and an initial mailing will be done to alllocal press representatives. In the future, this pack-age will be provided at all public Sanctuary meetingsand on request.

provide written materials for the booths. Input will besought from the TDC and local chambers of com-merce. When appropriate, bilingual materials will beprovided.



Activity 6-Design and Install Roadside Signs.Signs will be installed along the roadside in theHomestead/Key Largo area to alert travelers thatthey are entering/leaving the Sanctuary.

Implementation. Education and outreach staff willdesign a sign to be placed on the roadside which willalert motorists that they are entering the Florida KeysNational Marine Sanctuary. Sanctuary managementstaff will coordinate with the Florida Department ofTransportation for location approval and installation.



Strategy E.5:PSAs

Establish a program to promote Sanctuary goals andactivities through public service announcements(PSAs) in South Florida, with some national andinternational public exposure, that present an over-view of the Sanctuary, its resources, and theirecological significance for routine distribution toradio, cable television stations and newspapers.Develop editorial/contributions for other printedmedia. Funds will be spent on routine media expo-sure. PSAs will focus on participants in water-relatedand other activities that affect the Sanctuary (boaters,divers, household etc.). These materials will also beorganized into a press packet. Appropriate materialsshall be multilingual when necessary. One focus ofthese materials will be to disseminate current re-search results to the public in a timely fashion.(Priority Level Medium, Low Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Develop a Program of PSAs . A programof public service announcements (PSAs) will be

75



Activity 3-Develop and Produce a Series of VideoNews Releases . The media will be provided withinformation on current Sanctuary issues and activitiesthrough the development and production of a seriesof video news releases. Topics will address a broadrange of subjects including, but not limited to, Sanc-tuary boundary awareness, regulations, zones,education programs/products, and research projects.

Implementation. The education and outreach staffwill develop a list of topics for which video newsreleases would be appropriate. This list will beprovided with the press packet. Education andoutreach staff will then produce the video newsreleases with the help of the volunteer staff. Generalnews releases on Sanctuary programs will beprovided with press packets. News releases devel-oped on special topics will be provided individually tomedia contacts (initially television stations in SouthFlorida). As a system is developed, contacts will beexpanded throughout Florida and other areas fromwhich visitors originate. Grant funds may be soughtto support this effort.


Activity 4-Print Marine Etiquette on Marine-Related Materials Packaging . Printing messagesabout proper on-water etiquette on marine-relatedmaterials packaging is expected to improve thesetypes of behaviors. The messages will appear onmaterials used for water-related activities, such asice bags and bait boxes.

Implementation. The education and outreach staffwill identify appropriate products for marine-relatedmessage placement, and will contact the manufactur-ers and propose the idea of printing conservationmessages on their packaging. The staff will alsodesign the print message, for approval by the manu-facturer. Volunteers will assist in this activity. Themanufacturer will cover the cost of printing andproducing the packaging material.



Activity 5-Establish VHF and Dedicated AM RadioStations . A VHF radio information frequency will be

secured and dedicated to provide information aboutboating and related activities. The broadcasts willinclude information about Sanctuary regulations,navigation, resources, and weather/reef conditions.Messages will also be developed to help boaters,divers, and fishermen avoid impacting the environ-ment. Information will be broadcast in several lan-guages. A dedicated AM station will also be securedto deliver messages similar to those broadcast overthe VHF station. The AM station may include moreland-related information.

Implementation. The education and outreach staffwill contact the appropriate officials to obtain informa-tion on establishing the radio stations. Cost andtarget area assessments will be conducted. TheUpper Keys will have the greatest need for the AMstation. The Middle and Lower Keys will follow inyears 2-3 and 4-5, respectively. The education staffwill program the stations, and hire a program man-ager when funding is available. The education staffwill work closely with the Volunteer Program to utilizevolunteer expertise in this area. Grant funding will besought to support implementation costs.


This strategy is also included in the Volunteer ActionPlan.

Strategy E.7:Promotional Educational Materials

Promote educational materials, including bilingualmaterials and other information about the Sanctuaryand its resources, at existing Sanctuary offices andchambers of commerce. Establish interagency visitorcenters with the U.S. Department of Interior (USDOI)and the FDEP. (Priority Level Medium, Low Level ofAction in Year 1, 48 Months to Complete, <50%Funding Available for Full Implementation)

Activity 1-Establish Visitor Booths/Displays toDistribute Educational Materials . Visitor booths/displays will be developed to provide multilingualeducational materials about Sanctuary resources,etiquette, and environmental quality. Existing Sanctu-ary offices will provide limited space for distributionon a walk-in basis.

Existing Program Implementation. Each Sanctuaryoffice has a very small area dedicated to the display

76


and dissemination of educational products (primarilybrochures and newsletters).

Implementation. The education and outreach staffwill establish areas in existing Sanctuary offices forthe display of materials. The education and outreachstaff or volunteers may be used to help construct thedisplays. Alternately, an outside contractor will behired. The education staff will consult with localchambers of commerce to determine if space isavailable for displaying Sanctuary information.Financial support will be sought from chambers ofcommerce and the TDC.

Schedule. This activity will have a low level of actionin year 1. It requires 12 months to complete.

Activity 2-Establish Interagency Visitor Center forOrientation Purposes . An interagency visitor centerwill be established in cooperation with the USDOIand the FDEP to provide visitors and residents withorientation information on various protected andmanaged areas. Cooperative efforts will allowagencies to pool resources and provide lowest-costoptions for a special center. One goal of this Inter-agency Orientation program will be to inform sanctu-ary program/agency visitors about the extent ofeducation programs (agency and non-agency)offered in the FKNMS.

Implementation. Sanctuary Program managers willsecure an interagency agreement with agenciesinterested in establishing a visitor center. The educa-tion staff will consult with Sanctuary managers,agency managers, and other agency personnel todetermine the types of exhibits to be included in avisitor center. Activities will be divided among theagencies involved. The education and outreach staffwill be responsible for designing and constructingeducational exhibits focusing on the SanctuaryProgram, and will either develop the exhibits orcontract them out. A staff person will also be as-signed to manage the visitor center, with salaryfunding coming from all agencies involved. TheVolunteer Program will fulfill the center’s additionalstaffing requirements. The Volunteer Program willfulfill the center’s additional staffing requirements.Public information will be provided that describesongoing programs, activities and organizationsinvolved with educational activities in the Sanctuary.



77


Strategy prioritization may change as certain activi-ties are found to be more effective than others. Inaddition, new strategies and component activities willbe established as the program evolves. In all cases,making the maximum use of available resources willbe a priority.

Schedule. The number of months required tocompletely implement each strategy and activity inthe Education Program is given in Table 10.

Cost. The estimated cost of implementing eachactivity is shown in Table 10. This figure representsthe sum of Sanctuary staff salaries, equipment andsupplies, general services, and other implementationrequirements. The cost of implementing the existingEducation Program in Fiscal Year 1992 was$140,000, including staff salaries and overhead. Overthe past five years, the cumulative cost of implement-ing the Education and Outreach Program wasapproximately $450,000. The total estimated cost ofimplementing all activities in the Sanctuary EducationProgram is projected to be $5.2 million over the firstfive years.

Geographic Focus. Most of the activities in theEducation and Outreach Program will be imple-mented Sanctuary-wide, with some limited to theUpper, Middle or Lower Keys. Others would beimplemented worldwide, such as providing informa-tion to shipping businesses. The specific areatargeted by an activity is included in Table 10 whenapplicable.

Personnel. The staff needed to implement theEducation and Outreach Program represents a mix offull-time, volunteer, and other agency workers,including interns. Four full-time and one part-timeeducation and outreach staff members are currentlyworking in the Keys. It is estimated that the Keys’Education Program will require 22 full-time employ-ees from NOAA, other agencies, and NGO partner-ships. Staff will be distributed among the Upper Keys,Lower Keys, and Marathon sanctuary offices. Inaddition, one full-time volunteer coordinator (see theVolunteer Action Plan) and approximately 80 volun-teers will be needed to adequately implement thestrategies in the program. The following steps will beconsidered so that education and outreach staff as awhole can better meet current educational needs andresponsibilities within the FKNMS:

• Positions allocated for education should bemaintained as education and outreach posi-tions, and not re-allocated to other areas;

Implementation

This section explains how the strategies in theeducation and outreach plan will be implemented.The institutions responsible for each activity, andthose agencies that will provide some level of assis-tance, are identified. Education and outreach strate-gies are also ranked to indicate their overall Sanctu-ary priority level. In addition, the planned level ofactivity in year 1, months required to complete,funding availability, cost estimates, staff require-ments, and the geographic focus of each strategy/activity are provided. The process used to evaluatethe effectiveness of the Education Program as itevolves over time is also presented.

Responsible Institutions. As the FKNMSPA man-dates NOAA, EPA, and the State of Florida toprovide education and interpretation regardingSanctuary resources, these agencies will share thelead in implementing specific education and outreachactivities, and will be responsible for coordinating theinvolvement of external organizations. A frameworkof Federal, State, and local agencies and commercialand nonprofit organizations will be responsible forimplementing the overall Program. Efforts will bemade to avoid duplicating the efforts of other pro-grams and to utilize and support education effortsbeing conducted by other organizations. Table 9 liststhe participating institutions and their level of respon-sibility for implementing each activity.

Prioritization of Implementation. Each strategy inthe Management Plan has been placed in one ofthree groups based on its level of importance relativeto all other management strategies. The printedmaterials, training programs and advisory boardstrategies are the highest-priority strategies in theEducation and Outreach Program. The remainingseven strategies are medium priority level, and willhave some level of activity in year 1. Specific activi-ties within each strategy have also been organizedaccording to implementation priority (Table 10), andare grouped in three categories (high, medium, andlow priority). The rankings provide guidance on thetypes of activities that should be implemented ifinsufficient funding is available for full implementa-tion. They also provide information about how toschedule the implementation of activities. The prioritylevels for activities should not be compared acrossstrategies, however, as they only represent therelative importance of the activities within a particularstrategy.

78


• Vacant positions in education should be filledin as timely a manner as possible, so as not tounduly burden remaining staff; and

• Positions, roles and responsibilities should beclearly defined, based on establishedworkplans and documented needs.

In order to address the multilingual nature of many ofthe activities, the hiring of a Spanish-speakingeducation staff member or intern should be givenpriority consideration.

Sanctuary Employees. The Education and OutreachProgram will require one program manager ($42,000per year), two educational coordinators ($30,000 peryear), five educational assistants ($16,000 to$25,000 per year), and 14 interpreters ($13,000 to$18,000 per year). Funding for these salaries willcome from a combination of NOAA and FDEPresources.

Interagency Employees. Eighteen staff members willeither be hired through cooperative agreements withother agencies, or employed by other agenciesworking on education and outreach programs in theSanctuary. RFP’s will be issued to all NGOs whenprojects can be contracted at the same or lower costfor providing an additional employee.

Cooperative Agreements. The education andoutreach staff needs may also be met or supple-mented through cooperative agreements with others(public, private, individuals). A volunteer coordinatoris currently employed jointly by NOAA and TNC.

Volunteers. Volunteers will be actively recruited toassist in implementing a variety of Education andOutreach Program activities.

Equipment. A variety of equipment will be requiredto implement many of the activities in the Program.Some are already located at the Key Largo, LooeKey, and Florida Keys national marine sanctuaryoffices, but numerous items still must be acquired toensure the success of the program, including aMacintosh computer and a printer able to producephotocopy-ready documents. Mobile presentationmaterials, such as portable exhibition stands for useat trade shows and conferences, are also needed, asis video production equipment.

Contingency Planning for Changing Budget .If education and outreach allocations fall below theprojected requirements, increased private support will

be sought. If private support is not available, projectswill be implemented in priority order and/or withrecommendations of the Advisory Board.

Evaluating Program Effectiveness and Efficiency .The Education and Outreach Program will be evalu-ated on an ongoing basis to determine the effective-ness and efficiency of the component activities and todetermine the Program’s overall performance.

In some cases, background information (e.g., data-bases) needed to make such evaluations alreadyexists. However, in other cases it may be necessaryto conduct statistically sound information-collectionefforts to enable useful evaluations.

This evaluation will determine the Program’s level ofeffectiveness by assessing:

• the demand for information, products andprograms;

• the level of media exposure;

• the level of awareness of target audiences(relative to the level of need);

• whether the level of compliance with zoningand regulatory provisions increases or de-creases;

• public attitudes toward the Sanctuary; and

• the value placed on the natural resources ofthe local ecosystem.

This evaluation will determine the Program’s level ofefficiency by assessing:

• the extent the education product is used;

• the extent of participation in education andoutreach programs;

• staff compliance with project deadlines; and

• budget costs relative to the products andprograms produced.

79



Strategy/Activity

E.4 Training, Workshops, andSchool Programs

Promote/Support Environmental Education in Monroe County and State Schools

Med

ia

NO

AA

FD

EP

Mon

roe

Cou

nty

US

EP

A

SA

C

NP

O

Ch.

of C

om.

TD

CA

cade

mia

FD

OS

/BA

R

Citi

zens

of S

.FL.

FA

DO

/KA

DO

FK

Aqu

e.A

uth.

Ree

f Rel

ief

Sou

ther

n B

ell

OF

F

Certification Program


Sea

Gra

nt

TN

C

Btn

g. Im

p. F

nd

NP

S

US

FW

S

FD

OE

d

Pla

nnin

g C

ncl.

Produce the Florida Keys Environmental Education Directory

Provide/Support Environmental Education Workshops for Educators

Provide Environmental Education for Law Enforcement Personnel

Sponsor/Support Adult Environmental Education


E.6 Education Advisory Board

Establish Education Advisory Board

E.10 Public Forum

Establish a Public Meetings Program

Develop a Speakers Bureau and Lecture Series

Conduct a Poster Contest

Conduct a Photo Contest

E.11 Special Events

Develop Trade Show Information Booths

Organize Environmental Exposition

Hold a Grand Opening

Implement Kid's Week

PRODUCT DEVELOPMENT

E.1 Printed Materials

Design and Print FKNMS Brochure

Provide Information to Shipping Businesses

Provide Information to Community Leaders/Decision Makers/Organized User Groups

Provide Interpretive Information to Periodicals/Publications

Provide Information to Businesses about FKNMS Resources and Activities

Design and Implement a Sanctuary Awareness Week

Produce a Monthly FKNMS Newsletter

E.12 Professional Development of Education Staff

Provide mechanisms Outside Law Enforcement to Help Deliver On-site Resource Education

COMMUNITY INVOLVEMENT/COMMUNITY PROGRAM

80


Table 9. Agencies/Organizations Identified for Implementing Strategies/Activities (cont.)

Strategy/Activity Med

ia

NO

AA

FD

EP

Mon

roe

Cou

nty

US

EP

A

SA

CN

PO

Ch.

of C

om.

TD

C

Aca

dem

ia

Citi

zens

of S

.FL.

FA

DO

/KA

DO

FK

Aqu

e.A

uth.

Ree

f Rel

ief

Sou

ther

n B

ell

OF

F


Sea

Gra

nt

TN

C

Btn

g. Im

p. F

nd

NP

SU

SF

WS

FD

OE

d

Pla

nnin

g C

ncl.

E.5 Public Service Announcements

Develop a Program of PSAs

Distribute Information regarding FKNMS in Utility Bills, Newsletters, and Licenses/Registration

Provide Information to Service Industries about Environmentally Safe Practices

E.1 Printed Materials (cont.)

E.2 Audio-visual Materials

Establish Audio and Video Library

Produce Video and Audio Tapes andTheme-Oriented Slide Presentations

E.3 Signs/Displays/Exhibits

Establish Wayside Exhibits in the Florida Keys

Establish Static Displays at Appropriate Locations

Develop Mobile Displays with Information on All Aspects of the FKNMS Program

Develop Interactive Computer Stations

Establish Information "Stations" at South Florida Airports/ Car Rental and Visitor Centers along US 1

Develop a Media Packet

Develop and Produce a Series of Video News Releases

Print Marine Etiquette on Marine Related Materials Packaging

Develop VHF and Dedicated AM Radio Station

Produce FKNMS Fact Sheet for Tourist Development Council

Produce and Distribute Fact Sheet on FKNMS Boating Rules, Regulations and Etiquette with Annual Boat Registration

Distribute Educational Materials at Public Boat Ramps

Produce a Color Environmental Atlas for the Sanctuary

Design and Install Roadside Signs


Provide Multilingual Information to Marine Rental Businesses

FD

OS

/BA

R

81




E.7 Promotional Educational Materials

Establish Visitor Booths/Displays to Distribute Educational Materials

Establish Interagency Visitor Center for Orientation Purposes

Strategy/Activity Med

ia

NO

AA

FD

EP

Mon

roe

Cou

nty

US

EP

A

SA

C

NP

OC

h. o

f Com

.

TD

C

Aca

dem

ia

Citi

zens

of S

.FL.

FA

DO

/KA

DO

FK

Aqu

e.A

uth.

Ree

f Rel

ief

Sou

ther

n B

ell

OF

F


Sea

Gra

nt

TN

C

Btn

g. Im

p. F

nd

NP

S

US

FW

S

FD

OE

d

Pla

nnin

g C

ncl.

FD

OS

/BA

R

Abbreviations: NOAA, National Oceanic and Atmospheric Administration; USEPA, U.S. Environmental Protection Agency; NPS, National Park Service;USFWS, U.S. Fish and Wildlife Service; FDEP, Florida Department of Environmental Protection; FDOEd, Florida Department of Education; FDOS/BAR,Florida Department of State/Bureau of Archaeological Resources; SAC, Sanctuary Advisory Council; NPO, Nonprofit Organizations; CH. of Com.,Chambers of Commerce; TNC, The Nature Conservancy; TDC, Tourist Development Council; Btng. Imp. Fnd, Boating Improvement Fund; Citizensof S. FL., Citizens of South Florida; FK Aque. Auth., Florida Keys Aqueduct Authority; FADO/KADO, Florida Association of Dive Operators/KeysAssociation of Dive Operators; OFF, Organization of Florida Fisherman; Planning Cncl., Planning Council.

82



Strategy/Activity

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f A

ctio

n in

Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

M

aint

.($1,

000)

COMMUNITY INVOLVEMENT/COMMUNITY PROGRAMS

SW

E.4 Training, Workshops, andSchool Programs

SW

SW

SW

SW

SW

SW

SW

SW

SW

MK

SW

MK

SW

PRODUCT DEVELOPMENT

WW

SW

WW

SW

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

Medium 100-999

High

Low <50%

Low <50%

Low <50%

Promote/Support Environmental Education in Monroe County and State Schools

Produce the Florida Keys Environmental Education Directory

Provide/Support Environmental Education Workshops for Educators

Provide Environmental Education for Law Enforcement Personnel

Sponsor/Support Adult Environmental Education

E.6 Education Advisory Board

Establish Education Advisory Board

E.10 Public Forum

Establish a Public Meetings Program

Develop a Speakers Bureau and Lecture Series

Conduct a Poster Contest

Conduct a Photo Contest

E.11 Special Events

Develop Trade Show Information Booths

Organize Environmental Exposition

Conduct a Grand Opening

Implement Kid's Week


Design and Print FKNMS Brochure

Provide Information to Shipping Businesses

Provide Information to Community Leaders/Decision Makers/Organized User Groups

Provide Interpretive Information to Periodicals/Publications

Provide Information to Businesses about FKNMS Resources and Activities

High

High

High

High

High

High

High

Low

Low

High

High

Medium

Medium

Medium

High

High

High

High

High

12+ <50%

High 10-99C 100%

Low <108 <50%

Medium 10-99C <50%

Medium 10-9912+ <50%

Medium 10-99C <50%

7

High 6+

6+ NC 1

Low

Low

None

None

12+

C

7+

2+

3

<50%

<50%

<50%

<50%

100-999<10

<10

<10

10-99

10-99

NC

NC

9+ <10 10-99

High C <50% <10 <10

2

5

Low 9 <50% <10

None 6+ <50%

None 3 <50% <10

10-99

4C <10 10-99

High

Low

Low

Low

Low

6

C

C

C

C

<50%

<50%

<50%

<50%

<50% <10 10-99

<10

<10

<10

<10

Abbreviations: Maint., Maintenance; C, Continuous; NC, No cost; WW, World Wide; SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys

100%

100%

SWDesign and Implement Sanctuary Awareness Week Medium None 9 <50% 10-99

WWProduce a Monthly FKNMS Newsletter High Medium C <50% 10-99

10-99

Note: The priority levels for activities should not be compared across strategies–they only represent the relative importance of activities contained within a strategy.

E.12 Professional Development of Education Staff

Provide mechanisms Outside Law Enforcement to Help Deliver On-site Resource Education

C

Certification Program SWNone 10-99<50%Medium 12+

High

High

Medium

Medium

High

SW

83


Table 10. Requirements for Implementation (cont.)

SWProvide Multilingual Information to Marine Rental Businesses

Distribute Educational Materials at Public Boat Ramps

High

High SWLow

Low

C

C

<50%

<50%

<10 <10

<10

E.1 Printed Materials (cont.)

Strategy/ActivityPRODUCT DEVELOPMENT

Abbreviations: Maint., Maintenance; C, Continuous; NC, No cost; WW, World Wide; SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

M

aint

. ($1

,000

)

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f A

ctio

n in

Y

ear 1

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

Low <50%

Low <50%

Low <50%E.5 PSAs

Develop a Program of PSAs

Distribute Information regarding FKNMS in Utility Bills, Newsletters, and Licenses/Registration

Provide Information to Service Industries about Environmentally Safe Practices

E.2 Audio-visual Materials

Establish Audio and Video Library

Produce Video and Audio Tapes andTheme-Oriented Slide Presentations


Establish Wayside Exhibits in the Florida Keys

Establish Static Displays at Appropriate Locations

Develop Mobile Displays with Information on All Aspects of the FKNMS Program

Develop Interactive Computer Stations

Establish Information "Stations" at South Florida Airports/ Car Rental and Visitor Centers along US 1

Develop a Media PacketDevelop and Produce a Series of Video News Releases

Print Marine Etiquette on Marine Related Materials Packaging

Develop VHF and Dedicated AM Radio Station

Produce FKNMS Fact Sheet for Tourist Development Council

Produce and Distribute Fact Sheet on FKNMS Boating Rules, Regulations and Etiquette with Annual Boat Registration


High

Medium

Low

Medium

Medium

Medium

High

High

High

High

Low

High

High

High

Low

High

Low <50%C <10

None <50%6+ <10

None <50%C <10

None <50%C <10

Low

Medium

3+

3

C <50%

<50%

10-9910-99

<10

10-9910-99

2

36+ 10-9910-99 2

Low <50%18+

Low <50%12

Medium <50%36

Low <50%12

None <50%24

10-99

10-99

10-99

10-99

10-99

10-99

Medium C <50%

60+ 10-99100-999 2

10-99

Low <50%6+ 10-99

<10

<1012None <50%

<50%None 60+ 10-99 10-99

SWProduce a Color Environmental Atlas for the Sanctuary Low None <50%12 <10

Design and Install Roadside Signs Low Medium <50%9 10-9910-99

High 6 50-74% 10-99 <10

Medium

Medium

SW

Medium

84



SW

UK

Low <50%E.7 Promotional Educational Materials

Establish Visitor Booths/Displays to Distribute Educational Materials

Establish Interagency Visitor Center for Orientation Purposes

Medium

High

48100-999

1,000-5,000 2

Low 12 10-99<10<50%

<50%None 48 100-999

1,000-5,000

Strategy/Activity Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

M

aint

. ($1

,000

)

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f A

ctio

n in

Y

ear 1

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

Abbreviations: Maint., Maintenance; C, Continuous; NC, No cost; WW, World Wide; SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower KeysNote: The priority levels for activities should not be compared across strategies–they only represent the relative importance of activities contained within a strategy.

Medium

Action Plans: Enforcement

85


This action plan identifies and describes therequirements to develop and implement anenforcement plan for the Sanctuary. The plan iscomposed of two strategies: Additional Enforce-ment (B.6) and Cross-deputization (B.12). Foreach strategy, the time required for implementa-tion, funding availability, costs, and responsibleparties are outlined (Table 11).

Introduction

NOAA’s primary law enforcement objective in theSanctuary is to achieve resource protection bygaining compliance with the Sanctuary regulationsand other Federal and State statutes that apply withinthe FKNMS. NOAA is also concerned with effectiveenforcement of all Federal, State, and local statutesthat protect the natural, cultural, and historicalresources within the FKNMS.

Besides the NMSA, NOAA has sole or sharedprimary jurisdiction for the Magnuson Fishery Con-servation and Management Act (MFCMA), theAtlantic Tunas Convention Act (ATCA), the MarineMammal Protection Act (MMPA), the EndangeredSpecies Act (ESA), and the Lacey Act (LA), all ofwhich apply to resources residing within or transitingthrough the FKNMS. In addition, numerous State andlocal laws will be enforced as part of the Sanctuary’sintegrated enforcement effort. How effectively theselaws are enforced within and around the FKNMS willaffect the success of Sanctuary management inconserving and protecting the resources.

Among Federal conservation laws enforced primarilyby other agencies, but of concern to NOAA, are theOil Pollution Act (OPA), the Clean Water Act (CWA),the Marine Plastic Pollution Research and ControlAct (MPPRCA), the Abandoned Shipwreck Act


Table 11. Summary of Enforcement Strategies

(ASA), the Archaeological Resources Protection Act(ARPA), and the Migratory Bird Treaty Act (MBTA).

An Enforcement Program is one of the tools availableto managers of marine protected areas. This programcan complement other management programs (e.g.,research and education), and lead to an increasedlevel of success. Successful enforcement in theSanctuary will require a coordinated inter/intra-agency effort. Furthermore, it will require resourcemanagers to commit to Enforcement Programs thatare properly supervised and funded. Combined withproper recruitment, training, equipment, policy, andguidelines, these criteria form the basis of a profes-sional law enforcement operation.

How the Plan is Organized. This action plan isorganized into three sections: an introduction,description of strategies, and implementation. Theintroduction summarizes the goals and objectives ofthe interpretive Enforcement Program and providesbackground information on planning efforts. Thestrategy description section groups activities bystrategies. For each strategy and component activity,funding availability, costs, and timing of implementa-tion are presented. It also describes how strategies inthe plan will be placed into action. The implementa-tion section summarizes the requirements for Sanctu-ary enforcement.

Sanctuary Enforcement Requirements

Since 1980, the Enforcement Programs and all othermanagement programs at the two Florida Sanctuar-ies have been fully funded through a cooperativeagreement with the State of Florida. The sevenSanctuary officers currently working in the Key Largoand Looe Key National Marine Sanctuaries are Stateemployees. Sanctuary officers are assigned to the

B.6 Additional Enforcement

B.12 Cross-deputization High Low 75-99% 3 736+

Overall Sanctuary

Priority Level

Months to

Complete

Enforcement Program


Year 1

Funding for Full

Implemen-tation


be Undertaken

Numberof


91

91

92

High Low 36+ <50% 4 7


86

FDEP’s Division of Law Enforcement, Florida MarinePatrol (FMP) with their supervision coordinatedamong NOAA, Florida Division of Marine Resources(FDMR), and the FMP. In addition to State laws andlocal ordinances, Sanctuary officers have statutory ordelegated authority to enforce the NMSA and otherstatutes administered by NOAA.

Enforcement Philosophy . The Law EnforcementProgram of the FKNMS is an essential component ofresource protection within the Sanctuary. A goal ofSanctuary enforcement is to prevent resourceimpacts. This preventive enforcement is bestachieved by maintaining sufficient patrol presencewithin the Sanctuary to deter violations and bypreventing, through education, inadvertent violationsof the law. Successful enforcement relies on frequent

water patrols and routine vessel boardings andinspections. Water patrols will ensure that users ofSanctuary resources are familiar with the regulations,deter willful or inadvertent violations of the law, andprovide quick response to violations and/or emergen-cies. Sanctuary officers have the capability to investi-gate, document, and assess Sanctuary violations.

Sanctuary officers practice a form of law enforcementknown as “interpretive enforcement.” This style ofenforcement seeks voluntary compliance primarilythrough education of users. Interpretive law enforce-ment emphasizes informing the public througheducational messages and literature about respon-sible behavior, before they adversely impact Sanctu-ary resources. On-site techniques are currently usedto reach the public with educational messages at the

Officers are equipped with high performance vesselsobtained from U.S. Customs seizures and provided byNOAA. Each vessel is equipped with electronic equip-ment (e.g. Loran, VHF radio, low band State andFederal radio) and emergency response equipment.

NOAA (Office of Enforcement). NOAA currently has oneSpecial Agent assigned to the Florida Keys and anotherassigned to Miami. Both Agents are assigned to theNational Marine Fisheries Service (NMFS), but provideassistance to the Sanctuary enforcement effort on anas-needed basis. Special Agents provide training toCoast Guard personnel and FMP officers in the enforce-ment of some NOAA statutes, primarily the MFCMA, theMMPA, and the ESA. NOAA has assigned a SanctuarySpecial Agent with specific responsibilities for Sanctuaryenforcement to the FKNMS. The Sanctuary Agent willbe responsible for ensuring that NOAA's enforcementneeds are met by the agencies funded through coopera-tive agreements for enforcement activity within theSanctuary. The Office of Enforcement has Agentsassigned throughout Florida, and in southern Georgia,who are available for special operations within theFKNMS on an as-needed, as-available basis.

Florida Marine Patrol. The FMP has an authorized forceof 45 sworn enforcement officers and support personnelassigned to the district that includes the FKNMS. TheFMP has available for Sanctuary enforcement smallvessels for inshore patrols, a 50-foot patrol boat foroffshore patrols, and a single engine sea plane. TheFMP also maintains a response team that includesdivers who can assist in damage assessment efforts.FMP uses an 800 MHz communications system toenhance enforcement effectiveness.

Under an interagency agreement with NOAA, all swornFMP officers will be deputized to enforce the NMSAinside the FKNMS, as well as other NOAA statutes

Enforcement Assets

Current enforcement within the FKNMS relies on aState-Federal partnership, utilizing all availableenforcement assets of several agencies. The State ofFlorida, Florida Marine Patrol (FMP), Florida ParkService (FPS), NOAA, U.S. Coast Guard (USCG), andthe U.S. Fish and Wildlife Service (FWS) have person-nel operating in the FKNMS with statutory or delegatedauthority to enforce State laws, the National MarineSanctuaries Act (NMSA), other NOAA statutes, andother acts. The National Park Service (NPS) hasenforcement personnel in areas bordering the FKNMS.Land-based enforcement officials work for the MonroeCounty Sheriff’s Office, the U.S. Army Corps ofEngineers (ACOE), U.S. Customs, and Florida Gameand Fresh Water Fish Commission (FGFWFC). OtherFederal and State law enforcement agencies haveofficers based in the Keys, but do not regularly interactwith Sanctuary officers. Some of these include: theState of Florida Department of Transportation; DrugEnforcement Agency; and Bureau of Alcohol, Tobacco,and Firearms.

A summary of the general enforcement assets foragencies conducting enforcement activity within theFKNMS is as follows:

Sanctuary Enforcement Officers. Currently sevenSanctuary Officers, funded by NOAA through anexisting cooperative agreement, enforce regulations inthe FKNMS. These are sworn, arms-bearing State ofFlorida Law Enforcement Officers who are deputized toenforce the NMSA, the Magnuson Fishery Conserva-tion and Management Act (MFCMA), the MarineMammal and Protection Act (MMPA), and the Endan-gered Species Act (ESA), as well as all State laws.

Sanctuary Officers report directly to an FMP SanctuaryLieutenant, who in turn coordinates enforcementactivities with the Sanctuary Agent and FMP. Sanctuary


87

existing sanctuaries. For example, Sanctuary officerstalk with users and distribute brochures in the field.These encounters allow officers to make direct,informative contact with visitors, while conductingroutine enforcement activity. In addition, Sanctuaryofficers are called upon to deliver interpretive pro-grams both on-site and throughout the community.Sanctuary officers will continue to perform interpre-tive law enforcement within the FKNMS.

Integrating Enforcement Efforts . Across the nation,Federal, State, and local agencies are increasinglyjoining forces and targeting whole coastal ecosys-tems including rivers, bays, estuaries, and coastlinesfor comprehensive management and enforcementactions. Federal, State, and local laws providegovernment agencies with a variety of tools to protect

coastal resources. In so doing, these laws strengthenlaw enforcement capabilities by allowing agencies tobuild on each other’s expertise and share physicalresources. Federal, State, and local agencies in theKeys are implementing this process of integratingefforts. In addition, local residents and frequentSanctuary users are helping by detecting and report-ing various violations and groundings, monitoringwater quality, and submitting witness statementforms that document Sanctuary violations.

The success of Sanctuary enforcement dependslargely on how well the enforcement entities in theKeys are coordinated. Because of limited resourcesat the Federal, State, and local levels, currentenforcement assets must be targeted and used in anefficient and directed effort to achieve compliance

within and outside the Sanctuary boundaries. FMPofficers also enforce a variety of State statutes relatedto resource protection and public safety.

National Park Service. The NPS has enforcementpersonnel stationed at Key Biscayne National Park,Everglades National Park and Dry Tortugas NationalPark. All three areas share boundaries with theFKNMS. NPS enforcement personnel will be deputizedto enforce NOAA statutes.

U.S. Fish and Wildlife Service. Along with NOAASpecial Agents, FWS Special Agents and officers havestatutory authority to enforce the MMPA, ESA, theBald and Golden Eagle Protection Act, and the LaceyAct. FWS also enforces the MBTA and other resourceconservation laws within the boundaries of theFKNMS. FWS has five officers stationed in the area ofthe FKNMS who will be deputized to enforce theNMSA.

United States Coast Guard. The USCG SeventhDistrict has responsibility for the area which includesthe FKNMS. The Coast Guard has general lawenforcement authority within the maritime jurisdictionof the United States. Coast Guard law enforcementpatrols are usually multi-mission in nature, althoughpatrols often emphasize enforcement of particularstatutes. Typically, the Coast Guard depends on thoseagencies with specialized expertise to provide theirpatrol units with training and support in the conduct oflaw enforcement activities.

Within the FKNMS, the Coast Guard conductsbetween 2,400 to 2,500 hours of surface patrols and200 to 300 hours of aerial patrols per year dedicated toenforcement.

The Coast Guard also has a primary role in protecting

natural resources under the Oil Pollution Act of 1990,the Rivers and Harbors Act of 1899, the DeepwaterPort Act, the Clean Water Act of 1977, and the MarinePlastic Pollution Research and Control Act.

Department of Environmental Protection, Florida ParkService. State parks in the Keys are unique in thattheir boundaries, including any waters they protect,are incorporated into the FKNMS boundaries. FloridaPark Service officers are under the DEP Division ofLaw Enforcement and have the same jurisdiction asthe Florida Marine Patrol. The officers conduct regularwater patrols within park or aquatic preserve bound-aries and may be available for assistance whennecessary.

John Pennekamp Coral Reef State Park (JPCRSP)has a small land base with water boundaries extend-ing from mean high tide out to the three-mile limit. Thepark borders Biscayne National Park to the north andextends approximately 22 miles south. JPCRSP’sthree-mile limit boundary is immediately adjacent tothe boundaries of the Key Largo National MarineSanctuary. The boat fleet for JPCRSP consists ofresearch vessels and patrol boats. The officers patrolthe park waters on a regular basis.

Monroe County Sheriff’s Office (SO). Although the SOis primarily land based, they regularly use three boatsfor water patrol in excess of 16 patrol hours per month.The SO willingly assists the FMP in special events(e.g., boat races or movies) and the opening day oflobster season, and has jurisdiction within Statewaters. The officers have crossover training with U.S.Customs. There are currently three environmentalofficers, three to five person dive teams available foremergency response, and two planes for aerial patrol.


88

with existing (Federal, State, and local) and proposedregulations. Consequently, the coordination ofenforcement assets will be an integral component ofthe continuous management process described inthis Plan. Interagency agreements among NOAA andthe other enforcement entities in the Keys (NationalPark Service (NPS), U.S. Coast Guard (USCG), U.S.Fish and Wildlife Service (FWS), Florida Departmentof Environmental Protection (FDEP), includingFlorida Park Service (FPS) and Florida Game andFresh Water Fish Commission (FGFWFC)), arebeing established to ensure a cooperative andintegrated enforcement operation.

A clear vision of the interagency mission and anunderstanding of the assets and resources currentlyavailable for an interagency effort to manage Sanctu-ary resources is essential to successfully managingthe FKNMS. An assessment of existing Federal,State, and local enforcement assets in the Keys willbe conducted. This assessment will develop detailedinformation about the number of officers, vessels,and equipment available by agency to protectresources within the Keys. This is essential informa-tion to determine the capabilities of enforcementoperations within the Keys.

Conduct of the Enforcement Program . Sanctuaryenforcement operations are a major component ofSanctuary management. A NOAA/National MarineFisheries Service (NMFS) Special Agent (SanctuaryAgent) will serve as coordinator of the operationalEnforcement Program on behalf of, and working inclose consultation with, the Sanctuary Superinten-dent. The Sanctuary Agent is provided through anexisting memorandum of understanding between theAssistant Administrator for Fisheries and the Assis-tant Administrator for Ocean Services and CoastalZone Management. The Sanctuary Agent will coordi-nate operational enforcement with all participatingagencies through their respective chains of com-mand. Enforcement will be conducted in accordancewith enforcement operations plans, to be developedby NOAA's Office of Enforcement and approved bySanctuary management. Enforcement operationsplans, subject to revision as necessary, will includeenforcement priorities, patrol schedules, proceduresfor documenting violations, boarding procedures,information needs, and other instructions specific tothe conduct of day-to-day enforcement.

The Sanctuary Agent will coordinate patrol sched-ules, enforcement priorities, and other relatedenforcement matters with the Sanctuary Lieutenant.The Agent will in turn coordinate with the Sanctuaryofficers through their FMP chain of command. The

success of the Sanctuary enforcement effort dependson the level of cooperation among Sanctuary man-agement and the enforcement staff. This kind ofcooperative enforcement is not a new concept in theFKNMS. From the outset, all enforcement in the LooeKey and Key Largo National Marine Sanctuaries hasbeen conducted by State law enforcement officers,under the direction of NOAA and State managers.

Operational Considerations . The Sanctuary Agentis stationed at the Marathon office. The seven currentSanctuary officers will be assigned to patrol theUpper, Middle, and Lower Keys, with emphasisplaced on patrols in the Sanctuary PreservationAreas and Ecological Reserves. Patrol priorities willbe based primarily on the protection of resources asopposed to user conflicts.

The Sanctuary officers will be stationed in the Upper,Middle and Lower Keys. Each officer (current andfuture) will be outfitted with a vehicle, a patrol boat,and all required law enforcement equipment (weap-ons, etc.).

Currently, the annual cost to NOAA for the Enforce-ment Programs at the Key Largo and Looe KeyNational Marine Sanctuaries is $610,000. This figuredoes not include the purchase cost of patrol vessels,but does include operations and maintenance costs.

Enforcement Program Review . As part of thecontinuous management process, an enforcementreview program will be established for the Sanctuary.This program will ensure that management issuesare being addressed by all agencies involved inSanctuary enforcement, and that the proper trainingand marine resource identification and protectioninformation is reaching the enforcement staff.

Background

Management Strategies. The strategies for theManagement Plan, which includes the EnforcementAction Plan and all other action plans combined,have been grouped into three priority levels, basedon their relative importance or feasibility. A strategy’spriority level is based on factors such as availablefunding, costs, personnel requirements, timing, levelsof existing implementation, and existing legislative/regulatory authority. The high priority level includesthe 16 most important strategies. The mediumpriority level contains 36 strategies that represent thenext level of importance to the sanctuary and willhave some level of activity in year one. Low priorityitems contain the remaining strategies in the Man-agement Plan. Those strategies planned for comple-tion in or before year one do not have a priority level.


89

Enforcement Action Plan Strategies. This actionplan contains only two strategies. The AdditionalEnforcement (B.6) and Cross-deputization (B.12)strategies are included in high priority level (Table13). Overall, the Enforcement and the Cross-deputization strategies will have a low level ofimplementation within the first year of Sanctuaryoperation.

Program Objectives

The objective of enforcement in the National MarineSanctuary Program is to protect Sanctuary resourcesby achieving compliance with the applicable laws.Effective enforcement of all Federal, State, and localstatutes that protect the natural, cultural, and histori-cal resources within the Sanctuary is required. Theprincipal goals associated with Sanctuary enforce-ment include:

• increasing the public’s understanding of why itis important to comply with Sanctuary regula-tions;

• achieving voluntary compliance with applicablelaws; and

• promoting public stewardship of the marineresources through interpretive enforcementefforts.

The mechanisms for accomplishing these goals areas follows:

Agreements/Cooperative Efforts

• strengthen the existing enforcement partner-ship with the State of Florida;

• develop partnerships with other Federal andlocal enforcement agencies in order to providea strong enforcement presence throughout theSanctuary;

• maintain an active relationship with interna-tional, Federal, State, and local enforcementagencies to identify areas of mutual concern,and to develop cooperative responses toenforcement issues;

• explore cooperative relationships with foreigngovernments;

• enter, if necessary, into memoranda of under-standing, cooperative enforcement agree-

ments, and joint operations plans with otherenforcement agencies as appropriate;

• facilitate communication among enforcementassets to avoid duplication of effort;

• promote cooperation, standardization of gear,and coordination of limited resources such asvessels, radios, radio frequencies, and train-ing;

• promote training and cross-deputizationamong enforcement agencies;

Community Involvement

• encourage public involvement by encouragingsite-specific interpretive patrols by volunteergroups;

• involve USCG, Civil Aeronautical Patrol,power squadrons, charter boat and fishingorganizations in promoting compliance withSanctuary regulations;

• maintain an active relationship with citizengroups interested in compliance with Sanctu-ary regulations;

• conduct a community outreach program toencourage compliance with Sanctuary regula-tions and citizen involvement in reportingviolations;

• establish a Sanctuary Auxiliary Officer Pro-gram similar to other enforcement auxiliaries;

Education

• emphasize education as a tool to achievecompliance with regulations;

• promote voluntary compliance and steward-ship of the general public through specificoutreach programs regarding enforcement ofSanctuary regulations;

• train user groups about regulations andprocedures for reporting violations (witnessstatement forms);

• identify major user groups and develop anddisseminate specific materials to these groupsthrough semiannual meetings and workshops;


90

Operations

• maintain an investigative capability to ensurequick response to purposeful unlawful acts;

• develop and maintain the capability to effec-tively respond to violations of Sanctuaryregulations and to emergencies;

• establish an Enforcement Advisory Committeeconsisting of relevant regional law enforcementorganizations (possibly a reorganization of theEnvironmental Enforcement Task Force andthe Upper Keys Emergency Response TaskForce);

• develop enforcement operation plans thatidentify specific enforcement strategies andpriorities and outline the best means of achiev-ing them; and

• develop regulations for the FKNMS that arecomprehensible to the general public and areeasily enforced.


91

Activity 1-Hire the Sanctuary Agent. The NationalMarine Fisheries Service’s (NMFS) Office of Enforce-ment has assigned to the FKNMS headquarters aNOAA/NMFS Special Agent (Sanctuary Agent) tocoordinate operational enforcement within theFKNMS. Working in close cooperation with theSanctuary Superintendent, regional managers andrepresentatives from the FMP, the USCG, and, whenappropriate, the NPS and FWS, the Agent willdevelop annual enforcement operations plans,including necessary revisions and updates of theplan throughout the year. These plans will include asummary of relevant regulations; a planned patrolschedule to include the number, type, frequency, andgeographic area of the patrols; the priority for eachpatrol; and a response protocol for each type ofviolation. The Agent will also—

• ensure that case reports of violations of theNMSA or other NOAA statutes are completeand meet prosecutorial requirements beforeforwarding them to the NOAA general counsel;

• ensure that all officers enforcing NOAA stat-utes within the FKNMS are properly deputizedand have up-to-date training; and

• serve as NOAA’s point of contact within theFKNMS for operational enforcement with otherfederal and state enforcement agencies. In thisrole, the Sanctuary Agent will facilitate commu-nication among all enforcement participants.

Implementation. The Sanctuary Agent has beenassigned to the Sanctuary by the Office of Enforce-ment (NMFS).

Schedule. This activity has been completed.

Activity 2-Identify High-use and Sensitive Areas .Because of the size of the Sanctuary, enforcementofficers (including new hires) will be assignedprimarily to high-use and sensitive areas, withpriorities based on the protection of resources overthe resolution of user conflicts. These areas mayinclude all or some of the Sanctuary zones (Sanctu-ary Preservation Areas, Ecological Reserves, WildlifeManagement Areas, Special-use Areas, and ExistingManagement Areas), as well as other areas ofparticular natural/cultural resource significance.Determination of sensitive cultural significance is partof the SCR inventory objective. High-use andsensitive areas must be identified prior to assigningadditional enforcement officers to cover these areas.This is critical, because new officers will be phasedin over a multi-year period.

Enforcement Strategies

B.6: Additional Enforcement• Hire Sanctuary agent• Identify high-use and sensitive areas• Hire additional enforcement officers• Develop remote observation techniques to aid enforcement efforts

B.12: Cross-deputization• Develop inter-agency agreements• Develop standard operating procedures• Develop a standardized training program

Strategy B.6:Additional Enforcement

Need 30 Sanctuary enforcement officers to deploy inhigh-use and sensitive areas.(Priority Level High, Low Level of Action in Year 1,36+ Months to Complete, <50% Funding for FullImplementation)

This strategy will increase the presence of lawenforcement officers (LEO) on the water to protectresources and reduce user conflicts. This will beaccomplished by hiring 30 more LEOs and deployingthem in high-use and sensitive areas. Remoteobservation techniques may be used to aid enforce-ment efforts. High-use and sensitive areas will beidentified.


Enforcement Program

The Enforcement Action Plan contains two manage-ment strategies. The first strategy (B.6) calls forincreasing the enforcement assets by 30 officers,identifying high-use and sensitive areas, and devel-oping remote observation techniques to aid enforce-ment efforts. The second strategy (B.12) will enhanceexisting enforcement efforts by cross-deputizingofficers from different agencies, developing standardoperating procedures, and establishing a trainingprogram. These strategies will essentially provide theresources necessary to achieve compliance withapplicable regulations.


92


Strategy B.12:Cross-deputization

Expand Federal, State, and local enforcement andcross-deputization programs and prioritize enforce-ment areas.(Priority Level High, Low Level of Action in Year 1,36+ Months to Complete, 75-99% Funding for FullImplementation)

Activity 1-Develop Interagency AgreementsEstablishing Cross-agency Enforcement Author-ity. A prerequisite to effective Sanctuary enforcementis the establishment of interagency agreements withvarious enforcement entities in the Keys. Theseagreements will set forth Federal, State, and localenforcement authority among all officers. It is antici-pated that officers with the following organizationswill be cross-deputized:

National Marine Fisheries Service. As a result of aMarch 1993 agreement between the National OceanService (NOS) and NMFS, the Sanctuary Agent(Office of Enforcement, NMFS), in close consultationwith the Sanctuary Superintendent and the SanctuaryLieutenant, will coordinate all enforcement operationswithin the FKNMS.

Florida Marine Patrol. The Sanctuary enforcementstaff at the Key Largo and Looe Key national marinesanctuaries are supervised by the FMP under anagreement that allows these officers to enforceNMSA and other NOAA statutes. A new interagencyagreement will allow all other FMP officers to enforcestatutes that apply within the entire Sanctuary,including the NMSA and other relevant Federalstatutes. As such, FMP officers (Sanctuary and non-Sanctuary officers) will be the primary enforcementasset in the Sanctuary.

Note: The enforcement abilities of the Department ofEnvironmental Protection’s Division of Law Enforce-ment are subject to the operational parameters ofthat law enforcement entity, and may be limited bythe levels of staffing and funding proposed by thisplan. Accordingly, the designation of the FMP as theprimary enforcement asset in the Sanctuary may besubject to change.

Sanctuary managers must assess the law enforce-ment needs of the areas they manage. The costs oftraining, retraining, firearms qualifications, equip-ment, maintenance, and the staff necessary tomanage a program must be considered whenassessing the law enforcement needs of the Sanctu-ary.

Resources should be inventoried, and prioritiesassigned to their protection, based on an assessmentof their significance and vulnerability. The numbers ofvisitors, visitor demographics, average length of stay,length of commercial and recreational seasons,seasonal variations, and visitation trends all greatlyaffect the amount and type of law enforcementservices required. The variety and impacts of publicuse and special events or seasons are major influ-ences on the scope of the Sanctuary’s EnforcementProgram. Access, circulation patterns, and high-useareas all have significant impacts on the Sanctuary’sEnforcement Program. Recent overflight surveys willprovide data to assist in identifying high-use andsensitive areas needing specific enforcement efforts.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FMPwill assist in identifying high-use and sensitive areasand enforcement levels.

Schedule. This activity will have a low level ofactivity in year 1. It will require 6+ months to com-plete.

Activity 3-Hire Additional Enforcement Officers.Once high-use and sensitive areas are identified, anadequate level of enforcement must be determinedand the corresponding officers hired. Given currentfunding limitations, additional officers will be phasedin over a multi-year period.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity.

Schedule. This activity will have a low level ofactivity in year 1. It will be continuous.

Activity 4-Develop Remote Observation Tech-niques to Aid Enforcement Efforts. Floatplanes,tethered aerostats, etc. may be used to aid enforce-ment efforts.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity, with theassistance of other enforcement agencies.


93

Interagency agreements are being establishedbetween NOAA and the following entities to allowtheir officers to enforce NMSA and other statutesadministered by NOAA:

• U.S. Coast Guard;

• U.S. Fish and Wildlife Service;

• National Park Service;

• Florida Department of Environmental Protec-tion (Florida Park Service); and

• Florida Game and Fresh Water FishCommission.

Implementation. NOAA is the lead agency respon-sible for establishing interagency agreements withthe agencies listed above.

Schedule. This activity has a high level of actionplanned for year 1. It will require 12+ months tocomplete.

Activity 2-Develop Standard Operating Proce-dures. This will increase the efficiency and effective-ness of enforcement efforts. It will establish coordina-tion and cooperation among agencies and increaseinteragency communication by:

• scheduling staff and equipment efficientlyamong all agencies;

• developing a process for handling violations;

• standardizing radio communications (i.e., useof a standard radio frequency);

• promoting cooperation with the military indetecting violations; and

• determining priority enforcement areas (estab-lishing interagency agreements and identifyingpriority areas are prerequisites).

Implementation. NOAA’s Sanctuary Agent will beresponsible for implementing this activity by coordi-nating with affected agencies.

Schedule. This activity has no action planned foryear 1. It will require 24 months to complete.

Activity 3-Develop a Standardized Training

Program. A training program will be developed toenable various enforcement agencies to educateeach other about their respective statutes and codes.

Implementation. NOAA’s Sanctuary Agent and theSanctuary Superintendent and/or education staff willbe responsible for implementing this activity bydeveloping a standard training course on the enforce-ment of the NMSA, MFCMA, MMPA, and ESA. TheSanctuary should also coordinate with the NationalPark Service and other federal/state training pro-grams on enforcement of archaelogical and historicpreservation laws. The FMP will be responsible fordeveloping a course on the Florida statutes andMonroe County codes.

Schedule. This activity has no action planned foryear 1. It will require 36+ months to complete.


94

Table 12. Agencies/Organizations Identified for Implementing Strategies/Activities Implementation

This section summarizes key information aboutthe implementation of the strategies included inthis plan. The institutions responsible for eachactivity, and those agencies providing some levelof assistance, are identified (Table 12). Thestrategies are also ranked to indicate their overallpriority level. In addition, the planned level ofactivity in year 1, months required to complete,funding availability, cost estimates, staff require-ments, and the geographic focus of each strat-egy/activity are provided (Table 13). Finally, theprocess used to evaluate the effectiveness of theprogram as it evolves over time is presented.

The strategies in this plan will have a low level ofaction during the first year. Funding will be a majorconsideration, given that many different agencies willbe involved to different degrees.

Responsible Institutions . NOAA will be the leadagency responsible for implementing the activitieswithin this action plan. However, the success of theEnforcement Program depends on the cooperation ofother State and Federal agencies, primarily theFDEP, FMP, FPS, FGFWFC, USFWS, USCG, NPS,and Monroe County.

Prioritization of Implementation . Because of theirimportance, the Cross-deputization strategy and theAdditional Enforcement strategy are included in highpriority level. Consequently, they are includedamong the highest-ranking strategies in the Manage-ment Plan.

Cost . The costs associated with implementing thisaction plan are estimated to be significant (up to $1million in capital costs and an additional $1 million foroperation and maintenance costs). These costs areprimarily associated with hiring additional officers(i.e., salaries and equipment), and will be distributedamong the participating institutions. The funding willcome primarily from the various Federal agencies’enforcement budgets and State funds.

Geographic Focus . Each strategy in this plan will beimplemented throughout the Sanctuary.

Staff. A staff of two full-time Sanctuary personnel(including the Sanctuary Agent) will be needed to:

• coordinate the interaction of the variousenforcement assets in the Sanctuary; and

• oversee the enforcement officers. This plancalls for the hiring of up to 30 additionalenforcement officers.

Equipment. If 30 additional officers are hired, eachwill require a high performance vessel. Each officerwill have to be equipped with enforcement gear atapproximately $1,500 per officer. Each officer mustinitially attend the FMP Law Enforcement Academyand then participate in the Academy's annual trainingprogram.

Evaluating Program Effectiveness and Efficiency.A system will be designed for evaluating the effec-tiveness of enforcement efforts. Evaluating efficiencywill be done on a monthly and annual basis on both aregional and Sanctuary-wide scale. The regionalmanagers will assess enforcement efforts in knownhot spots and coordinate enforcement coverageaccordingly. On a yearly basis, the heads of thevarious enforcement agencies will meet to discussenforcement issues, including whether heavily usedand sensitive areas are being adequately patrolled.

Strategy/Activity



Hire Additional Enforcement Officers

Develop Remote Observation Techniques to Aid Enforcement Efforts

ENFORCEMENT PROGRAM

NO

AA

-San

ctua

ry

FD

EP

-FM

PM

onro

e C

ount

y


FW

S

B.12 Cross-deputization

US

CG

NP

S

Identify High-use and Sensitve Areas

Develop Interagency Agreements

Develop Standard Operating Procedures

Develop Standardized Training

NO

AA

-NM

FS

Hire the Sanctuary Agent

Abbreviations: NOAA, National Oceanic and Atmospheric Administration;NMFS, National Marine Fisheries Service; FWS, U.S. Fish and WildlifeService; USCG, U.S. Coast Guard; NPS, National Park Service; FDEP,Florida Department of Environmental Protection; FMP, Florida Marine Patrol.


95


Strategy/Activity

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f A

ctio

n in

Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

M

aint

.($1,

000)

ENFORCEMENT PROGRAM

SW

SW

SW

SW

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

Low <50%

Low 75-99%


B.12 Cross-deputization

High

Low

Medium

High

Medium

Low

Low

None

36+

6+

<50%

<50%

75-99%

100-999

10-99

100-999

<10 10-99

0 <10

30

5

High

None 36+ <50%

None <50% <10

36+

0

100-999

10-99

100-999

<10

Medium

12+

24+

75-99%

0

0 <10

SW

SW

Hire Additional Enforcement Officers

Develop Remote Observation Techniques to Aid Enforcement Efforts

Identify High-use and Sensitive Areas

Develop Interagency Agreements

Develop Standard Operating Procedures

Develop Standardized Training Program

Hire the Sanctuary Agent * --

C

SW100% 0 10-99--

Activities with an " " for Overall Sanctuary Priority Level will be completed prior to Year 1. *+

+

Abbreviations: C, Continuous; SW, Sanctuary Wide; Maint., Maintenance.

36+

High

High

Action Plans: Mooring Buoy

97

Mooring Buoy Action PlanMooring Buoy Action Plan

Table 14. Summary of Mooring Buoy Strategies

This action plan identifies and describes thestrategies needed to develop and implement acomprehensive mooring buoy siting plan for theSanctuary. The strategies within the plan arederived from Alternative III, the most balanced ofthe mid-range management alternatives. For eachstrategy, the time required for implementation,funding availability, costs, and responsibleparties are outlined. Table 14 summarizes keyinformation about the implementation of thestrategies included in this plan.

Introduction

Mooring buoys have been shown to be an effectivemanagement tool when used to minimize the dam-age to coral reefs and other sensitive marine re-sources resulting from careless and/or inappropriateanchoring practices. A system of mooring buoys isalready in use in the Keys through the efforts of KeyLargo and Looe Key national marine sanctuaries andseveral volunteer groups, most prominently ReefRelief in Key West. However, concerns that theinappropriate use of mooring buoys may have thepotential to negatively impact marine resources byattracting more boaters, divers, and fishermen thanwould have previously used the areas where they areplaced have been raised recently. This plan willestablish a methodology for identifying areas appro-priate for locating mooring buoys and managingboating activities near coral reefs so that the negativeimpacts will be minimized.

How the Plan is Organized. This action plan isorganized into three sections: an introduction,description of strategies, and implementation. Theintroduction summarizes the goals and objectives ofthe Mooring Buoy Program and provides backgroundinformation on planning efforts. The strategy descrip-tion section groups activities by strategy. For each

strategy and component activity, the priority level,funding availability, costs, and timing of implementa-tion are summarized. The implementation sectiondetails how strategies in the plan will be placed intoaction.

Background

Management Strategies. Each strategy in the actionplan has been assigned an estimated activity level foryear 1 (high, medium, low, or none) which representsan estimate of the planned level of action that willoccur in the year after the Sanctuary ManagementPlan is adopted. In addition, the time required forimplementation, costs of implementation, and avail-able funding (Federal, State, local, and private) havebeen estimated for each strategy. The componentactivities in each strategy, and the institutions re-sponsible for implementing these activities, havebeen identified as well.

The strategies for the Management Plan, whichincludes the Mooring Buoy Action Plan and all otheraction plans combined, have been grouped into threepriority levels, based on their relative importance orfeasibility. A strategy’s priority level is based onfactors such as available funding, costs, personnelrequirements, timing, levels of existing implementa-tion, and existing legislative/regulatory authority. Thehigh priority level includes the 16 most importantstrategies. The medium priority level contains 36strategies that represent the next level of importanceto the sanctuary and will have some level of activityin year one. Low priority items contain the remainingstrategies in the Management Plan. Those strategiesplanned for completion in or before year one do nothave a priority level.

Mooring Buoy Action Plan Strategies. The BoatAccess (B.1) strategy is completed, as indicated in

B.1 Boat Access

B.15 Mooring Buoy Management High Medium <50% 10 13

Refer to Channel Marking Action Plan

36+

Overall Sanctuary

Priority Level

Months to

Complete

Mooring Buoy Program


Year 1

Funding for Full

Implemen-tation


be Undertaken

Numberof


100100

100


98

Existing Programs

Mooring buoys have been used as a management toolin the Keys for many years, primarily within the KeyLargo and Looe Key national marine sanctuaries. Themooring buoys located in the sanctuaries are main-tained through NOAA funds contracted to privateindividuals or organizations. Mooring buoys have alsobeen used in John Pennekamp Coral Reef State Park,but have been removed due to increased damage thatoccurred to the patch reefs. In addition, several non-profit and volunteer-based groups have installed andmaintained mooring buoys in the Keys. The primaryvolunteer organizations involved in mooring buoyplacement are: Reef Relief, which has installed morethan 125 buoys around Key West; and the Coral ReefFoundation, which has installed 24 buoys in theIslamorada/Tavernier area. Volunteer donations of timeand money are the primary methods of buoy mainte-nance.

In addition to these groups, several private organiza-tions have installed mooring buoys at specific locationsassociated with their interests or business. For ex-ample, the buoys at Cheeca Rocks off Islamorada wereinstalled by the Cheeca Lodge Resort.

A cooperative boat-use survey has been conducted byThe Nature Conservancy and the Florida Department ofEnvironmental Protection. It provides aerial and on-water assessments of spatial and temporal boater usewithin the Sanctuary. A series of overflights from FoweyRocks (Biscayne National Park) to the Marquesas wasconducted to provide instantaneous boat countsthroughout Sanctuary waters. A stratified randomsampling procedure was used to collect representativedata for weekends, weekdays, seasons, and specialevents (holidays, lobster season, etc.). The aerialsurveys classify boat use into several size and activitycategories, and have a resolution of approximately onesquare mile. The on-water surveys were conducted toprovide hourly boat counts at selected locations tocalibrate the aerial counts, and determine peak usageand turnover patterns. These surface surveys alsotallied boating activities and the number of divers and/orsnorkelers, information that can then be used todetermine use levels at various locations.

the Channel/Reef Marking Action Plan. The MooringBuoy Management (B.15) strategy is included inpriority level 2 (Table 14). This strategy will havesome level of implementation within year 1.

Implementing all mooring buoy strategies is expectedto cost $1.2 million over five years. Funding will comefrom a mix of public (Federal, State, and local) andprivate agencies and institutions. Only about 20percent of the funding needed for full implementationis currently available. Twenty-four institutions areidentified as potential participants in this program.

Relationship to Other Action Plans. The Boat Accessstrategy is described in detail in the Channel/ReefMarking Action Plan. Both the Boat Access andMooring Buoy Management strategies are alsoincluded in the Regulatory and Volunteer actionplans.


National Goals . The goals of the Mooring BuoyProgram represent, and are consistent with, thegoals of the National Marine Sanctuary Programregarding the protection of Sanctuary resources,specifically coral reef formations and other sensitivemarine habitats. By allowing and/or directing accessat selected locations, a Mooring Buoy Program canalso limit resource-use conflicts and damage to theSanctuary environment.

Sanctuary Goals . The Mooring Buoy Action Plan willfurther the Sanctuary's goal of protecting and manag-ing the Keys' natural and cultural resources by:

• minimizing impacts to sensitive marine habi-tats, specifically coral reef formations, causedby the inappropriate use of anchors;

• providing reasonable access to Sanctuaryresources, consistent with the primary goal ofresource protection; and

• managing and/or restricting human activitieswhere such activities are found to have adetrimental impact on Sanctuary resources.

Mooring Buoy Program Objectives . To accomplishthese goals, the following objectives have been set:

• the characteristics of boater and diver use incoral reef areas throughout the Sanctuary willbe assessed;

• a database of boater and diver use andexisting mooring buoy locations will be pre-pared;

• the criteria necessary for determining thelocation of additional mooring buoys to meetthe existing demand will be developed;

• the impact of boater and diver use in coral reefareas will be assessed;


99

• a standardized marking system for mooringbuoys within the Sanctuary will be developed;

• the impact of large vessels on mooring buoysystems and the optimum vessel size for avariety of buoys will be determined; and

• vessel size restrictions associated with moor-ing buoy use will be considered.


100


Conduct a survey to assess public and private boataccess throughout the Sanctuary to develop a low-impact access plan; direct new public access to low-impact areas; and modify as appropriate any accessaffecting sensitive areas throughout the Sanctuary.

This strategy is described in detail in the ChannelMarking Action Plan. It is also included in theVolunteer Action Plan.


Mooring Buoy Program

The Mooring Buoy Action Plan contains two strate-gies developed during the Management Plan processand included in Alternative III. The first will assessboat access throughout the Sanctuary; and thesecond will use this information (through a coopera-tive forum of involved agencies and interest groups)to develop a comprehensive mooring buoy siting andmanagement plan.

Mooring Buoy Strategies

B.1: Boat Access (This strategy is described in detailin the Channel Marking Action Plan)

B.15: Mooring Buoy Management• Maintain existing mooring buoys• Assess current mooring buoy technology• Review visitor use and boating data• Develop siting criteria• Recommend new sites for mooring buoy

installation• Conduct site assessments of proposed locations• Determine costs of implementation and

maintenance• Install additional mooring buoys• Implement vessel size limits in high-use areas• Evaluate effectiveness and influences of mooring

buoy placement

Strategy B.15:Mooring Buoy Management

Develop a comprehensive mooring buoy plan provid-ing for the maintenance of buoys, the placement ofbuoys as needed, and the implementation of vesselsize limits at mooring buoys throughout the Sanctu-ary. Conduct an assessment of current mooringbuoys and mooring buoy technology to determine theinfluence that the presence of mooring buoys has onSanctuary resources; and to evaluate which are themost environmentally sound, cost-effective, andfunctional for use in Sanctuary waters.(Priority Level High, Medium Level of Action in Year1, 36+ Months to Complete, <50% Funding for FullImplementation)

Activity 1-Maintain Existing Mooring Buoys . Whilethe Comprehensive Mooring Buoy Plan is beingdeveloped, the existing system of mooring buoysmust be maintained. In some cases, volunteers mayhelp to maintain the mooring buoys.

Existing Program Implementation. There are cur-rently over 340 mooring buoys within the Sanctuarythat are maintained through a combination of govern-ment agencies and private organizations.

Implementation. NOAA, in cooperation with existingagencies and NGOs that maintain mooring buoys,will be the lead agency responsible for implementingthis activity. At a minimum, this will include maintain-ing the mooring buoys within the Key Largo and LooeKey national marine sanctuaries, and adjacent areaswhere the sanctuary is currently maintaining buoys.NOAA will also assist, both financially and throughlogistical support, other organizations that install andmaintain mooring buoys. Volunteers will be utilized toassist in some aspects of the maintenance of moor-ing buoys to the maximum extent feasible.

Schedule. This activity will have a high level ofaction in year 1. It will be an ongoing activity andobligation.

Activity 2-Assess Current Mooring Buoy Technol-ogy . The various types of mooring buoy designsavailable for use in the Sanctuary will be reviewed,and the substrate type most appropriate for each willbe determined. Methods of limiting resource damagethrough mooring buoy installation will be assessed,as will vessel impacts on mooring buoys.


101


Activity 4-Develop Siting Criteria . Based on allavailable information, criteria will be developed forfuture mooring buoy siting within the Sanctuary. Aworkshop will be conducted with representatives ofthe Sanctuary Advisory Council, affected agencies,NGOs and other interested parties to identify criteriafor allocating existing buoys and siting new buoys. Aworking group will be established to advise andfacilitate the development of the mooring buoymanagement plan.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity by organiz-ing the working group and facilitating the workshop.


Activity 5-Recommend New Sites for MooringBuoy Installation. After mooring buoy siting criteriahave been established, areas where new mooringbuoys should be installed will be identified based onthe visitor-use data, resource management concerns,level of demand and other relevant information.Priority areas for installation will be developed basedon established criteria.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Recom-mendations will be made by the working groupestablished in Activity 4.


Activity 6-Conduct Site Assessments of Pro-posed Locations . Areas identified for the installationof new mooring buoys will be surveyed to determine:1) the health of the habitat in relation to visitor use;2) types of use and use patterns (e.g., size of ves-sels, glass-bottom boat use, unusual features, etc.);and 3) the number, location, and concentration ofspecific mooring buoys on the reef. The areas will bemapped using aerial photographs, and proposedmooring buoy locations will be identified.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Biologistsfrom the FDEP and members of the SanctuaryAdvisory Council will be consulted for the resourcesurvey.

Existing Program Implementation. Many compo-nents of this activity have already been completedthrough an ongoing analysis of mooring buoy sys-tems in use at the Key Largo and Looe Key nationalmarine sanctuaries and research on visitor useimpacts to patch reefs at JPCRSP. The publication“The Use of Mooring Buoys as a Management Tool"(van Breda and Gjerde, 1992) also contains anexcellent review of mooring buoy types and uses.Vessel impacts on mooring buoys remain to beaddressed.

Implementation. NOAA will be the lead agencyresponsible for implementing the assessment ofvessel impacts. NOAA will work with the SanctuaryAdvisory Council, other sanctuaries, such as FlowerGarden Banks, and applicable nongovernmentalorganizations (NGOs), such as Reef Relief, that haveexperience with mooring buoy systems used bylarger vessels.

Schedule. This activity will have high level of actionin year 1. It will require 6 months to complete.

Activity 3-Review Visitor-Use and Boating Data .All boating activity and visitor-use data collected byvarious surveys will be compiled in a format thatrelates to mooring buoy planning. This will includetargeting data on diving activity around major coralreef systems, and considering the impact of specialevents, such as holidays and lobster season, onboating patterns. On-water surveys will be correlatedwith aerial data to determine peak usage and turn-over rates in high-use areas. To enable recommen-dations for mooring buoy additions or deletions,visitation data will be compared with existing mooringbuoy locations.

Existing Program Implementation. The FDEP,through Looe Key National Marine Sanctuary,contracted TNC to compile visitor-use and boatingdata related to mooring buoy planning. A reportentitled “An Evaluation of Mooring Buoys in theFlorida Keys National Marine Sanctuary Based onBoating Patterns” has been completed addressingsome of the items identified in this activity.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Therecommendations of the visitor use and boatingsurvey will be considered, along with additional data,analyses and input from all available sources. NOAAwill work with the Sanctuary Advisory Council and theworking group established in Activity 4 to review theinformation gathered in this activity.


102


Activity 7-Determine Costs of Implementation andMaintenance . After establishing the number ofmooring buoys suitable for each primary area,installation and maintenance costs will be deter-mined. Maintenance costs will be based on pastcosts at the Key Largo and Looe Key National MarineSanctuaries and relevant NGOs (e.g., Reef Relief,etc.). The ability to fund adequate maintenanceactivities will be a primary factor in determining thepriority areas where new mooring buoys will beinstalled.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Otheragencies and NGOs with mooring buoy experience(e.g., the FDEP, Reef Relief, etc.) will be consulted todetermine installation and maintenance costs.


Activity 8-Install Additional Mooring Buoys .Based on the recommendations developed in Activity5, 6 and 7, new mooring buoys will be installed at thelocations identified. In some cases, volunteers mayhelp to install the mooring buoys.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Assistancewill be solicited from other agencies, volunteers andNGOs.


Activity 9-Implement Vessel Size Limits in High-Use and Sensitive Areas . Based on vessel-impactinformation, size limits will be established for thevarious classifications of mooring buoys. Size limitswill be based on considerations concerning the forcenecessary to make the anchoring system fail underestablished design parameters. To allow largervessel buoy use in selected areas, several categoriesof mooring buoy sizes (such as the “big boat” buoysthat have been installed by Reef Relief near KeyWest) will be considered. Aesthetic and recreationalcrowding factors will be considered as well. The sizelimits shall be incorporated into the Federal Regula-tions established for the Sanctuary after the support-ing data has been gathered.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. Otheragencies, the Sanctuary Advisory Council, andNGOs with mooring buoy experience (e.g., ReefRelief, etc.) will be consulted.


Activity 10-Evaluate effectiveness and influencesof mooring buoy placement and make changesas necessary. This activity will establish a monitor-ing program to assess the effectiveness and influ-ences of mooring buoys on coral reefs and othersensitive habitats. Baseline surveys and monitoringprograms will be conducted in areas with existingmooring buoys, prior to and after the installation ofnew mooring buoys, and in areas without mooringbuoys that have little or no diving or boating activity.This activity will be coordinated with the monitoringprograms established for the Sanctuary PreservationAreas and Research-Only Special-Use Areas in theResearch and Monitoring Action Plan. In areas thatare found to be detrimentally impacted by the pres-ence of mooring buoys, those buoys will be removed.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. FDEP willprovide support in implementing this activity.



103


Implementation

This section explains how the strategies in theMooring Buoy Action Plan will be implemented.The institutions responsible for each activity, andthose agencies that will provide some level ofassistance, are identified. In addition, the plannedlevel of activity in year 1, months required tocomplete, funding availability, cost estimates,staff requirements, and geographic focus foreach strategy/activity are provided. Finally, theprocess used to evaluate the effectiveness of theMooring Buoy Program as it evolves over time isdescribed.

The primary strategy associated with this plan (B.15,development of a comprehensive mooring buoy plan)is considered a high-priority strategy, due to thesuccess of mooring buoy programs in the Key Largoand Looe Key National Marine Sanctuaries, andother locations in the Florida Keys. Funding will be amajor consideration, because developing a mooringbuoy system similar to that currently in place inexisting sanctuaries would be considerably expen-sive. Creative ways of funding the mooring buoysystem must be explored to maintain it in the longterm.

Responsible Institutions . NOAA will be the leadagency responsible for implementing the activities

Strategy/Activity

Assess Current Mooring Buoy Technology

Review Visitor-Use and Boating Data

NO

AA

-San

ctua

ry

FD

EP

Mon

roe

Cou

nty

RR

CM

C

FD

CA

Implement Vessel Size Limits in High-use Areas


TN

C

AC

OE

US

FW

S

Develop Siting Criteria

Recommend New Sites for Mooring Buoy Installation

Conduct Site Assessments of Proposed Locations

Determine Costs of Implementation and Maintenance

US

CG

NP

S


Abbreviations: NOAA, National Oceanic and Atmospheric Administration; USFWS, U.S. Fish and Wildlife Service; USCG, U.S. Coast Guard; ACOE, U.S. Army Corps of Engineers; NPS, National Park Service; FDEP, Florida Department of Environmental Protection; FDCA, Florida Department of Community Affairs; TNC, The Nature Conservancy; RR, Reef Relief; CMC, Center for Marine Conservation.

B.15 Mooring Buoy Management

MOORING BUOY PROGRAM

B.1 Boat Access

Maintain the Existing Mooring Buoy System

Install Additional Mooring Buoys

Evaluate Effectiveness and Influences of Mooring Buoy Placement and Make Changes as Necessary

Refer to Channel Marking Action Plan


104


Strategy/Activity

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Lev

el

of A

ctio

n in

Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ualO

pera

tions

/Mai

nt. (

$1,0

00)

MOORING BUOY PROGRAM

SW

SW

SW

SW

SW

SW

SW

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

Com

plet

e

Low <50%

High

High

High

High

High

High

Medium

Medium

B.15 Mooring Buoy Impacts

Review Visitor-Use and Boating Data

Implement Vessel Size Limits in High-use Areas

Develop Siting Criteria

Recommend New Sites for Mooring Buoy Installation

Conduct Site Assessments of Proposed Locations

Determine Costs of Implementation and Maintenance

B.1 Boat Access Refer to Channel Marking Action Plan

Assess Current Mooring Buoy Technology

SW

Abbreviations: Maint., Maintenance; SW, Sanctuary Wide.Note: The priority levels for activities should not be compared across strategies–they only represent the relative importance of activities contained within a strategy.

SWHighMaintain the Existing Mooring Buoy System

SWHighInstall Additional Mooring Buoys

75-99%

Medium

<50%

36+

6

75-99%12

Low

<50%24Low

<50%

18

High 36+

20

High

24+ 100%

Low 75-99%

18Low

Medium 75-99%12

75-99%6High

36+ <50%

100-999 1,000-5,000

NC <10

NC <10

NC <10

NC <10

NC 10-99

NC <10

10-99 10-99

NC NC

10-99 10-99

100-999 1,000-5,000

Evaluate Effectiveness and Influences of Mooring Buoy Placement Low

Medium

within this action plan. However, the success of theMooring Buoy Program will depend on the coopera-tion of other Federal, State, and local governmentagencies, primarily the FDEP (Division of MarineResources, Florida Marine Research Institute, andFlorida Marine Patrol), U.S. Army Corps of Engi-neers, U.S. Coast Guard, and Monroe County. NGOsincluding TNC, Reef Relief, the Coral Reef Founda-tion, and the Center for Marine Conservation will alsoplay an important role implementing activities in theplan. Reef Relief will play a primary role due to itshistory of mooring buoy installation and maintenancein the Key West area. Table 15 lists the responsibleinstitutions and their level of responsibility in eachactivity.

Prioritization of Implementation. The Boat Accessstrategy (B.1) is essentially complete and, therefore,has not been assigned a priority level. Strategy B.15is included in medium priority level (Table 16).Consequently, it is expected to be implemented inyear 1. The implementation of a mooring buoysystem has been shown to be an effective manage-

ment tool for protected marine areas worldwide,especially in coral reef ecosystems. It is a simple,relatively noncontroversial, and extremely visibleaction that will protect delicate reef structures.Accordingly, the Mooring Buoy strategy is rankedamong the three highest groups for managementaction.

Schedule . Table 16 lists the estimated time requiredfor implementing each strategy and activity in theprogram. The number of months required to com-plete each strategy and activity is also provided.

Cost . The costs associated with implementing theMooring Buoy Program are expected to be significant(up to $250,000 in initial capital costs and an addi-tional $200,000 for annual operation and mainte-nance costs). Annual maintenance of the mooringbuoy system will be a significant ongoing obligation.Funding will depend on allocation from NOAA’soperations budget. In addition, funding mechanismsalready established by NGOs must be maintainedand new funding sources (e.g., “Adopt-a-Buoy,” etc.)explored.


105

program or through an external contract. A researchprogram should be carried out to determine whetherthe system is reducing damage to coral reefs andother marine habitats by limiting anchor damage. Theresearch must address concerns that the buoysattract more boaters and divers to an area, therebycontributing to long-term cumulative damage result-ing from overuse.

Geographic Focus . Each strategy will be imple-mented Sanctuary-wide.

Staff . A staff of four full-time personnel will beneeded to maintain the mooring buoy system ad-equately Sanctuary-wide. All staff must be experi-enced boat captains with local knowledge of Sanctu-ary waters. Alternatively, contracts could be devel-oped with private contractors on a regional basis toensure buoy maintenance. If the latter approach istaken, the Sanctuary staff will only need to includeone contract/grant specialist, and the mooring buoy-related activities will require approximately 25percent of his/her time.

Equipment. If the mooring buoys are maintained bySanctuary staff, two vessels will be required. Eachvessel should be at least 25 to 30 feet in length andshould be fully equipped with standard navigationalequipment. At least one of the vessels should have abuilt-in hydraulic winch system for servicing largerboundary buoys. The Sanctuary currently owns twocomplete sets of hydraulic installation equipment.One additional backup system may be required in thefuture.

Contingency Planning for a Changing Budget . Tothe extent possible, the Sanctuary will encourage themooring buoy maintenance programs of existing andfuture private and nonprofit organizations. TheSanctuary will also consider alternative fundingsources for the mooring buoy system, including an“Adopt-a-Buoy” program, utilizing volunteers, or otherinnovative funding mechanisms. If an adequatebudget is not available and alternative fundingsources are not feasible, mooring buoy maintenancecosts can be reduced by cutting the number ofmooring buoys in the system. However, the use ofmooring buoys is one of the most basic and costeffective mechanisms for reducing physical impactsin sensitive areas, and reducing the number of buoyswill only be considered after all other cost savingactions have been explored. Reductions in buoyplacement levels will be based on existing andongoing boater and visitor-use data, ensuring that themost heavily used areas continue to be maintained.

Evaluating Program Effectiveness and Efficiency .Information on boater and visitor-use patterns isextremely important in determining whether themooring buoy system is being utilized efficiently.Areas where mooring buoys are not being usedshould be removed from the system. A study shouldbe conducted to determine whether buoy mainte-nance is most cost-efficient through an in-house

Action Plans: Regulatory

107

This action plan sets forth the regulations for theFlorida Keys National Marine Sanctuary (FKNMSor Sanctuary), and explains how managementstrategies have been incorporated into them.Regulations are an integral component of theFKNMS management process. They make up animportant part of the management plan by regu-lating certain activities on a Sanctuary-wide basisand by regulating other activities depending onhow that area of the Sanctuary has been catego-rized or zoned. Permitting, certification, andnotification and review processes are establishedto allow certain activities otherwise prohibited totake place under carefully controlled circum-stances. The regulations comply with the goalsand objectives of the Florida Keys NationalMarine Sanctuary and Protection Act (FKNMSPA)and the National Marine Sanctuaries Act (NMSA).

In addition to the issuance of these regulations,NOAA intends to coordinate with other Federal/Stateand local agencies in their enforcement of existingregulations under Federal, State, and local laws thatalready regulate some portion of the actions calledfor in specific management strategies. Becausecoordination with existing authorities is an importantcomponent of comprehensive ecosystem manage-ment, the Sanctuary regulations supplement, notreplace, existing authorities.

The final regulations address 19 of the managementstrategies that have a regulatory component. Theother strategies that have a regulatory componentare either management actions that are alreadycovered by existing Federal, State, or local regula-tions or strategies that need further analysis beforethey can be implemented.

About this Plan. The format of this action plan isunlike the others in this document. The action planoutlines how management strategies have beenincorporated into the regulations, and summarizesthe process for developing future regulations. Theaction plan’s main component is the attachedFKNMS regulations.


This action plan establishes a comprehensive andcoordinated regulatory program for the FKNMS toensure the protection and use of Sanctuary re-sources in a manner that:

Regulatory Action Plan

• complements existing regulatory authorities;

• facilitates all public and private uses of theSanctuary that are consistent with the primaryobjective of resource protection;

• utilizes a system of temporal and geographiczoning to ensure effective site-specific re-source protection and use management;

• ensures coordination and cooperation betweenSanctuary management and other Federal,State, and local authorities with jurisdictionwithin or adjacent to the Sanctuary;

• achieves simplicity in the regulatory processand promotes ease of compliance with Sanctu-ary regulations;

• promotes mechanisms for making informedregulatory decisions based on the best avail-able research and analysis, taking into accountinformation about the environmental, eco-nomic, and social impacts of Sanctuary regula-tions; and

• complements coordination among appropriateFederal, State, and local authorities to enforceexisting laws that fulfill Sanctuary goals.

Existing Legislative Authorities

There are a number of existing Federal and Stateconservation laws that either partially or entirelyaddress some regulatory components of the variousmanagement strategies. NOAA’s final regulationssupplement existing laws and regulations and avoidunnecessary duplication. In a few instances agenciesinvolved in the planning process specifically re-quested that the Sanctuary regulations incorporateexisting laws and regulations to improve and en-hance enforcement, through such things as the useof civil penalties under the Sanctuary acts. Clearly,effective enforcement of relevant existing Federal,State, and local regulations will be important formaintaining the health of the Sanctuary (see Enforce-ment Action Plan).

Relevant Federal laws include the Coastal ZoneManagement Act; Magnuson Fishery Conservationand Management Act; Clean Water Act, Rivers and


108

Harbors Act; and Coastal Barrier Resources Act. Atthe State level, laws that address the regulatoryrequirements specified in the strategies include theBeach and Shore Preservation Act; Florida Environ-mental Land and Water Management Act; Florida Airand Water Pollution Control Act, and the FloridaClean Vessel Act. These laws and others are sum-marized in Appendix C of Volume III.

At the local level, the regulatory requirementscomplement the goals, objectives, and policiesestablished by Monroe County in its Year 2010Comprehensive Plan.

NOAA Regulatory Actions

The primary purpose of regulating activities affectingSanctuary resources or qualities is to protect, pre-serve, and manage the area’s conservation, ecologi-cal, recreational, research, educational, historical,and aesthetic resources and qualities. Anotherpurpose is to minimize conflicts among users ofthese resources. The regulations are based primarilyon the requirements of the FKNMSPA and NMSA, asspecified in 20 management strategies developed inaccordance with the comprehensive planning pro-cess for the Sanctuary.

Boating

B.4: Marking Channels/Reefs. This strategy requires:1) the placement of buoys; 2) marking frequentlyused and preferred channels; and 3) reducing boatwakes in sensitive habitats, areas vulnerable toerosion, and high-density areas such as marinas.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(5) whichprohibits operating a vessel at a speed greater thanidle speed only/no-wake within certain areas includ-ing: areas designated idle speed only/no wake; and100 yards of navigational aids indicating emergent orshallow reefs.

B.5: Boat Groundings. Developing a response planfor boat groundings throughout the Sanctuary. Underthis strategy, a standard response plan will bedeveloped to address boat groundings throughoutthe Sanctuary.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(5) whichprohibits prop scarring or other injury to seagrassesor the seabed.

B.7: Pollution Discharges. This strategy will helpavoid further water quality degradation in the Sanctu-ary caused by boaters and live-aboards by: 1)requiring them to use holding tanks; and 2) prohibit-ing the discharge of substances (other than finfishwaste and exhaust) into nearshore waters.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(4) whichprohibits discharging or depositing materials or othermatter in the Sanctuary. Exceptions to this prohibitionare discharging or depositing fish, fish parts, and baitduring traditional fishing operations; from vesseloperations (cooling waters, engine exhaust, and deckwash) and marine sanitation devices. However, inprotective zones (i.e., Wildlife Management Areas,Ecological Reserves, Sanctuary Preservation Areas,and Special-use Areas), the only discharges allowedare from engine exhaust and cooling water.

B.11: Special-use Permits. This strategy allows theissuance of Special-use permits to conduct conces-sion-type or commercial activities within the Sanctu-ary under certain conditions. Activities conductedunder Special-use Permits will be monitored andpermit conditions enforced.

Sanctuary Regulations. Section 922.166(d) providesfor the issuance of national marine sanctuary Spe-cial-use Permits.

B.13: Salvaging/Towing. This strategy will reducedamage to natural resources resulting from impropervessel salvage methods by developing standardvessel salvage procedures, including: 1) obtaining apermit; 2) notifying authorities; 3) where appropriate,having an authorized observer at the site or receivingpermission to proceed; 4) providing operator training;and 5) promoting the use of environmentally soundsalvaging and towing practices and techniques.Permitting for salvaging and towing operations will beimplemented throughout the Sanctuary.

Sanctuary Regulations. NOAA is not at this timeissuing regulations to implement this strategy;however, it is working with the salvage and towindustry to achieve this goal. However, to the extentthat a salvage operation involves conducting prohib-ited activities, section 929.166 provides for theissuance of national marine sanctuary generalpermits or Special-use permits to allow the activity.

B.17: Vessel Operations/PWC Management. Thisstrategy addresses impacts to Sanctuary resourcesand conflicts among users of the Sanctuary resultingfrom vessel operation, including personal watercraft.


109

Vessel Operation. This strategy imposes a number ofdifferent restrictions, at section 922.163(a)(5), on allvessels, including personal watercraft. Restrictionsinclude the following:

1) a prohibition on operating vesselsin a manner which injures coral,seagrasses, and hardbottomhabitats throughout the Sanctuary;

2) a prohibition on anchoring vesselson coral in depths less than 40 feetof water when the operator cansee the seabed;

3) a prohibition on operating vesselscarelessly or recklessly;

4) a prohibition on all vessels fromoperating at speeds greater thanidle speed only/no wake (except inmarked channels) in areas desig-nated as idle speed only/no wake,within 100 yards of residentialshorelines and stationary vessels,within 100 feet of the red and white“divers down” flag or the blue andwhite “alpha” flag (in Federalwaters), and within 100 yards ofnavigational aids indicating shallowor emergent reefs; and

5) a prohibition on all vessels fromoperating in such a manner as toinjure, harass, or cause distur-bance to wading, roosting, ornesting birds or marine mammals.

PWC Management. The issue of operation of per-sonal watercraft within the Sanctuary received thelargest volume of public comment during the 9 monthreview of the draft management plan. It continuedthroughout the comment period to be the mostheavily debated issue by the Sanctuary AdvisoryCouncil aside from the draft zoning plan. For thesereasons, NOAA has paid particular attention to thisissue and is making a commitment to resolving theissue, beginning with the final regulations. Althoughthe interest of all concerned parties may not be metto their full satisfaction, the final plan takes aproactive approach to dealing with this issue basedon recommendations from the Sanctuary AdvisoryCouncil.

In addition to the above regulations on vessel opera-tion, the final regulations prohibit the operation ofPWCs in portions of the Wildlife Refuges in the

Lower Keys. During the year following issuance ofthe regulations, NOAA will work with the SanctuaryAdvisory Council and the personal watercraft industryto resolve some of the issues that remain, such aslimiting commercial rental operations to within line ofsight, requiring a rescue/chase vessel be available,making training available for employees of rentaloperations, etc.

Fishing

F.1: Consistent Fishing Regulations. This strategyshould ensure administrative and regulatory coordi-nation between fisheries regulatory agencies operat-ing within Sanctuary waters through a protocol fordrafting and revising fisheries regulations in order toimplement a consistent set of fishing regulationsthroughout the Sanctuary. This strategy is encom-passed in the Protocol for Cooperative FisheriesManagement, Volume III, Appendix J.

F.4: Aquaculture Alternatives. This strategy shouldreduce fishing pressures on wild marine life speciesand help satisfy the commercial demand for thesespecies. This is a long-term effort designed to identifyand develop mariculture techniques and promote thedevelopment of mariculture operations.

Sanctuary Regulation(s). These requirements areaddressed by section 922.166(d) which provides forthe issuance of Special-use permits and section922.168 which governs notification and review ofapplications for leases, licenses, permits approvals,or other authorizations to conduct a prohibitedactivity.

F.7: Artificial Reefs. Regulations will be developed forthe construction of artificial reefs in the Sanctuary.

Sanctuary Regulations. These requirements arepartially addressed by sections 922.163(a)(3) and (4)which prohibit alteration of the seabed and discharge/deposit of materials without a permit, respectively,section 922.166 which provides for the issuance ofnational marine sanctuary general permits, section922.167 which governs certification of preexistingleases, licenses, permits, approvals, other authoriza-tions, or rights to conduct a prohibited activity, andsection 922.168 which governs notification andreview of applications for leases, licenses, permitsapprovals, or other authorizations to conduct aprohibited activity.

F.8: Exotic Species. Implement regulations to preventthe release of exotic species into the Sanctuary.


110

Sanctuary Regulations. These requirements areaddressed by section 922.163(a)(7) which prohibitsthe release or introduction of exotic species of plants,invertebrates, fish, amphibians, or reptiles into watersof the Sanctuary.

F.11: Gear/Method Impacts. Regulations will bedeveloped requiring the use of low-impact gear andmethods in priority areas. Regulatory implementationwill be in accordance with strategy F.1.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(11) whichprohibits the use of explosives, poisons, oil, andbleach as fishing methods and the Protocol forCooperative Fisheries Management.

F.14: Spearfishing. Regulations restrictingspearfishing will be developed for high-priority areas(i.e., those areas exhibiting a low stock abundance, ahigh degree of habitat damage, or a high degree ofuser conflicts). Restriction may include gear prohibi-tions, or the closure of selected areas (e.g., aroundresidential areas). This strategy will also support anyexisting spearfishing closures in Sanctuary waters.

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which prohib-its spearfishing in Ecological Reserves, SanctuaryPreservation Areas, the Key Largo and Looe Keyexisting management areas, and the four research-only Special-use Areas and by the Protocol forCooperative Fisheries Management.

Submerged Land Use

L.14: Dredging Prohibition. This strategy will elimi-nate the possibility of new dredge and fill activitieswithin the Sanctuary. However, dredge and fillactivities may be allowed if they are in the public’sinterest (as determined by the USACE) and if little orno environmental degradation is likely to occur. Nodumping of dredge material will be permitted in theSanctuary except as a restoration or renourishmentproject strictly conditioned to allow little or no environ-mental degradation.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(3) which,with certain exceptions, prohibits alteration of theseabed (with exceptions), section 922.163(a)(4)which prohibits discharging or depositing materials orother matter (with exceptions), section 922.166 whichsets forth a permitting mechanism for allowingotherwise prohibited activities in the Sanctuary;

section 922.167 which sets forth a requirement andprocedures for the certification of preexisting leases,licenses, permits, approvals, other authorizations, orrights to conduct a prohibited activity; and section922.168 which requires the notification of and reviewof applications for leases, licenses, permits, approv-als, or other authorizations to conduct a prohibitedactivity.

L.15: Dredging Regulation. This strategy calls for thedevelopment of new policies and regulations requir-ing the use of low-impact technologies for mainte-nance dredging and prohibiting such dredging inareas where significant reestablishment of sensitivebenthic communities has occurred (i.e., seagrass andcoral habitats).

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(3) whichprohibits, with certain exceptions, alteration of theseabed, section 922.163(a)(4) which prohibits, withcertain exceptions, discharging or depositing materi-als or other matter, section 922.166 which sets fortha permitting mechanism for allowing otherwiseprohibited activities in the Sanctuary; section 922.167which sets forth a requirement and procedures forthe certification of preexisting leases, licenses,permits, approvals, other authorizations, or rights toconduct a prohibited activity; and section 922.168which requires the notification of and review ofapplications for leases, licenses, permits, approvals,or other authorizations to conduct a prohibitedactivity.

Submerged Cultural Resources

R.1 SCR Management. This strategy calls for thedevelopment of a set of management practices,guidelines, and regulations addressing the explora-tion, removal, research, and dispensation of artifactsconsistent with Federal and State archaeologicalpolicies, programs, and regulations. It also requiresthe development and implementation of a permittingsystem for these artifacts, to be applied throughoutthe Sanctuary, with a provision for exemptions fornondestructive exploration.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(3) whichprohibits the alteration of, or construction on, theseabed; section 922.163(a)(9) which prohibitsmoving, removing, injuring, or possessing a Sanctu-ary historic resource (or attempting to do any of theseactivities), except pursuant to a valid Sanctuarypermit; and section 922.166 which provides, in


111

Z.3 Sanctuary Preservation Areas. These zonesfocus on the protection of shallow, heavily used reefswhere conflicts occur between user groups andwhere concentrated visitor activity leads to resourcedegradation. They are designed to enhance thereproductive capabilities of renewable resources,protect areas that are critical for sustaining andprotecting important marine species, and reduce userconflicts in high-use areas. This is accomplishedthrough a prohibition of consumptive activities withinthese areas.

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which con-tains, in pertinent part, certain provisions applicableto Sanctuary Preservation Areas and section 922.162which defines this zone type.

Z.4 Existing Management Areas. This strategyidentifies existing resource management areasestablished by NOAA or by another Federal, State, orlocal authority within the Sanctuary. This strategymay necessitate additional regulations in areascurrently managed by agencies other than theSanctuary. Additional regulations would recognizeestablished management areas and complementexisting management programs.

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which con-tains, in pertinent part, certain provisions applicableto Existing Management Areas and section 922.162which defines this zone type.

Z.5 Special-use Areas. This strategy is designed todelineate areas of special concern where specificissues can be addressed through the use of zoning.Through the zone type, areas can be set aside forspecific uses to reduce conflicts and minimizeadverse environmental effects from high-impactactivities. This will be accomplished by designatingselected areas where activities can be conductedwith minimal disturbance to other users and theenvironment. Special-use Areas may include areasset aside for research and monitoring, restorationsites, archaeological sites, etc. They will also delin-eate areas where activities, such as personal water-craft use and live-aboard mooring fields are estab-lished in specific areas to reduce adverse environ-mental impacts. This is the broadest zoning classifi-cation, and encompasses the greatest range ofmanagement issues. The boundaries of these areaswill be established to address management issuesand needs, and may include seasonal or emergencyclosures.

pertinent part, for the issuance of national marinesanctuary permits for the survey/inventory andresearch/recovery of historical resources and na-tional marine sanctuary Special-use Permits for thedeaccession/transfer of such resources.

Recreation

R.7 Coral Touching. This strategy will protect coralcommunities from damage by prohibiting coraltouching in high-use, sensitive, and vulnerable areas.

Sanctuary Regulations. These requirements arepartially addressed by section 922.163(a)(2) whichprohibits the removal, damage, distribution, or injuryof any living or dead coral or coral formation andsection 922.164 which prohibits the touching of coralin Sanctuary Preservation Areas and EcologicalReserves.

Zoning

Z.1 Wildlife Management Areas. Under this strategy,regulations have been developed to protect wildlifepopulations and habitat, while providing opportunitiesfor public use. Regulations include various accessrestrictions including no-access buffer zones, no-motor zones, and idle speed only/no-wake zones.Some of the regulations have seasonal components(e.g., nesting season closures). Sanctuary permitsallow for access and activities otherwise prohibited.This zoning type includes measures contained inmanagement plans for the Great White Heron, KeyWest, and National Key Deer Wildlife Refugesdeveloped by the USFWS and the FDEP.

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which con-tains, in pertinent part, certain provisions applicableto Wildlife Management Areas and section 922.162which defines this zone type.

Z.2 Ecological Reserves. Ecological Reserves aredesigned to protect and preserve natural assem-blages of habitats and species consistent with theresource protection and multiple-use objectives of theSanctuary.

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which con-tains, in pertinent part, certain provisions applicableto Ecological Reserves and section 922.162 whichdefines this zone type.


112

Sanctuary Regulations. These requirements arepartially addressed by section 922.164 which con-tains, in pertinent part, certain provisions applicableto Special-use Areas, section 922.166, which inpertinent part, provides for the issuance of Special-use Permits, and section 922.162 which defines thiszone type.

Next Steps

There are management strategies with a regulatorycomponent that may be addressed in the future.They were not addressed in the final regulationsbecause they either require additional informationgathering, are addressed through existing regulatoryauthorities, or were not identified as strategiesrequiring the immediate commitment of availablemanagement and enforcement resources. In addi-tion, there are components of strategies that wereaddressed, while other components will or may beaddressed in the continuing management process.

Existing authorities will be utilized to the maximumextent possible to establish comprehensive manage-ment. Existing legislation, either in its current form orslightly modified, may be adequate to accomplish theregulatory objectives of selected strategies.


113

Florida Keys National Marine Sanctuary Regulations

§ 922.167 Certification of preexistingleases, licenses, permits,approvals, other authoriza-tions, or rights to conducta prohibited activity.

§ 922.168 Notification and review ofapplications for leases,licenses, permits, approv-als, or other authorizationsto conduct a prohibitedactivity.

§ 922.50 Appeals of administrativeaction.

Appendix I to Part 922, Subpart P—Florida KeysNational Marine Sanctuary boundary coordinates

Appendix II to Part 922, Subpart P—ExistingManagement Areas boundary coordinates

Appendix III to Part 922, Subpart P—WildlifeManagement Areas access restrictions

Appendix IV to Part 922, Subpart P—EcologicalReserves boundary coordinates

Appendix V to Part 922, Subpart P—SanctuaryPreservation Areas boundary coordinates

Appendix VI to Part 922, Subpart P—Special-useAreas boundary coordinates and use designa-tions

Appendix VII to Part 922, Subpart P—Areas To BeAvoided boundary coordinates

Appendix VIII to Part 922, Subpart P—Marine LifeRule

Authority: Sections 302, 303, 304, 305, 307, 310and 312 of National Marine Sanctuaries Act (NMSA)(16 U.S.C. 1431 et seq.) and Sections 5, 6 and 7 ofthe Florida Keys National Marine Sanctuary andProtection Act, Pub. L. 101-605, 104 Stat. 3090-3093.

§ 922.160 Purpose.

The purpose of the regulations in this part is toimplement the comprehensive management plan forthe Florida Keys National Marine Sanctuary byregulating activities affecting the resources of theSanctuary or any of the qualities, values, or purposesfor which the Sanctuary is designated, in order to

15 CFR PART 922—Provisions applicable to theFlorida Keys National Marine Sanctuary (FKNMS)

[Sections 922.3, 922.42, 922.45, 922.46 and 922.50are found in Subparts A and E of 15 CFR Part 922and except for minor technical revisions are asthey presently exist (provisions of these sectionsnot applicable to the FKNMS have been omitted);sections 922.160, 922.161, 922.162, 922.163,922.164, 922.165, 922.166, 922.167, and 922.168are new sections applicable only to the FKNMSand will appear in a new Subpart P to 15 CFR 922.When this notice is published in the FederalRegister it will be revised to include amendatorylanguage to the Code of Federal Regulations andto eliminate sections reprinted here that pres-ently appear in the Code of Federal Regulations.]

Sec.§ 922.160 Purpose.

§ 922.161 Boundary.

§ 922.3 Definitions applicableto all National MarineSanctuaries.

§ 922.162 Definitions applicableto the Florida KeysNational Marine Sanctuaryonly.

§ 922.42 Allowed activities.

§ 922.163 Prohibited activities -Sanctuary-wide.

§ 922.164 Additional activityregulations by Sanctuaryarea.

§ 922.165 Emergency regulations.

§ 922.45 Penalties.

§ 922.46 Response costs anddamages.

§ 922.166 Sanctuary permits -application proceduresand issuance criteria.

Official Regulations

Please make note, the regulations listed here are not the final and approved regulations for the Florida Keys National Marine Sanctuary. For the Final Regulations for the Florida Keys National Marine Sanctuary, see the Federal Register document (15 CFR Parts 922, 929, and 937, June 12, 1997) at the end of this document.


114

protect, preserve and manage the conservation,ecological, recreational, research, educational,historical, and aesthetic resources and qualities ofthe area. In particular, the regulations in this part areintended to protect, restore, and enhance the livingresources of the Sanctuary, to contribute to themaintenance of natural assemblages of living re-sources for future generations, to provide places forspecies dependent on such living resources tosurvive and propagate, to facilitate to the extentcompatible with the primary objective of resourceprotection all public and private uses of the resourcesof the Sanctuary not prohibited pursuant to otherauthorities, to reduce conflicts between such compat-ible uses, and to achieve the other policies andpurposes of the Florida Keys National Marine Sanc-tuary and Protection Act and the National MarineSanctuaries Act.


The Sanctuary consists of all submerged landsand waters from the mean high water mark to theboundary described in Appendix I to this part, withthe exception of areas within the Dry TortugasNational Park. Appendix I to this part sets forth theprecise Sanctuary boundary established by theFlorida Keys National Marine Sanctuary and Protec-tion Act. (See FKNMSPA § 5(b)(2)).

§ 922.3 Definitions applicable to all NationalMarine Sanctuaries.

***

Assistant Administrator means the AssistantAdministrator for Ocean Services and Coastal ZoneManagement, National Oceanic and AtmosphericAdministration (NOAA), or designee.

Benthic community means the assemblage oforganisms, substrate, and structural formations foundat or near the bottom that is periodically or perma-nently covered by water.

Commercial fishing means any activity thatresults in the sale or trade for intended profit of fish,shellfish, algae, or corals.

***

Cultural resource means any historical or culturalfeature, including archaeological site, historic struc-ture, shipwreck, and artifact.

Director means, except where otherwise speci-fied, the Director of the Office of Ocean and CoastalResource Management, NOAA, or designee.

Exclusive economic zone means the exclusiveeconomic zone as defined in the Magnuson FisheryConservation and Management Act, 16 U.S. 1801 etseq.

Fish wastes means waste materials resultingfrom commercial fish processing operations.

Historical resource means any resource pos-sessing historical, cultural, archaeological or paleon-tological significance, including sites, contextualinformation, structures, districts, and objects signifi-cantly associated with or representative of earlierpeople, cultures, maritime heritage, and humanactivities and events. Historical resources include“submerged cultural resources”, and also include“historical properties,” as defined in the NationalHistoric Preservation Act, as amended, and itsimplementing regulations, as amended.

Indian tribe means any American Indian tribe,band, group, or community recognized as such bythe Secretary of the Interior.

Injure means to change adversely, either in theshort or long term, a chemical, biological or physicalattribute of, or the viability of. This includes, but is notlimited to, to cause the loss of or destroy.

***

Marine means those areas of coastal and oceanwaters, the Great Lakes and their connecting waters,and submerged lands over which the United Statesexercises jurisdiction, including the exclusive eco-nomic zone, consistent with international law.

Mineral means clay, stone, sand, gravel, metallif-erous ore, nonmetalliferous ore, or any other solidmaterial or other matter of commercial value.

National historic landmark means a district, site,building, structure or object designated as such bythe Secretary of the Interior under the NationalHistoric Landmarks Program (36 CFR part 65).

National Marine Sanctuary means an area of themarine environment of special national significancedue to its resource or human-use values, which isdesignated as such to ensure its conservation andmanagement.


115

Person means any private individual, partner-ship, corporation or other entity; or any officer,employee, agent, department, agency or instrumen-tality of the Federal government, of any State orlocal unit of government, or of any foreign govern-ment.

Regional Fishery Management Council meansany fishery council established under section 302 ofthe Magnuson Fishery Conservation and Manage-ment Act, 16 U.S.C. 1801 et seq.

Sanctuary quality means any of those ambientconditions, physical-chemical characteristics andnatural processes, the maintenance of which isessential to the ecological health of the Sanctuary,including, but not limited to, water quality, sedimentquality and air quality.

Sanctuary resource means any living or non-living resource of a National Marine Sanctuary thatcontributes to the conservation, recreational, ecologi-cal, historical, research, educational, or aestheticvalue of the Sanctuary, including, but not limited to,the substratum of the area of the Sanctuary, othersubmerged features and the surrounding seabed,carbonate rock, corals and other bottom formations,coralline algae and other marine plants and algae,marine invertebrates, brine-seep biota, phytoplank-ton, zooplankton, fish, seabirds, sea turtles and othermarine reptiles, marine mammals and historicalresources.

Secretary means the Secretary of the UnitedStates Department of Commerce, or designee.

***

State means each of the several States, theDistrict of Columbia, the Commonwealth of PuertoRico, the Commonwealth of the Northern MarianaIslands, American Samoa, the United States VirginIslands, Guam, and any other commonwealth,territory, or possession of the United States.

Subsistence use means the customary andtraditional use by rural residents of areas near or inthe marine environment for direct personal or familyconsumption as food, shelter, fuel, clothing, tools, ortransportation; for the making and selling of handi-craft articles; and for barter, if for food or non-edibleitems other than money, if the exchange is of alimited and non-commercial nature.

Take or taking means: (1) For any marinemammal, sea turtle, or seabird listed as either

endangered or threatened pursuant to the Endan-gered Species Act, to harass, harm, pursue, hunt,shoot, would, kill, trap, capture, collect or injure, or toattempt to engage in any such conduct; (2) For anyother marine mammal, sea turtle, or seabird, toharass, hunt, capture, kill, collect or injure, or toattempt to engage in any such conduct. For thepurposes of both (1) and (2) of this definition, thisincludes, but is not limited to, to collect any dead orinjured marine mammal, sea turtle or seabird, or anypart thereof; to restrain or detain any marine mam-mal, sea turtle or seabird, or any part thereof, nomatter how temporarily; to tag any sea turtle, marinemammal or seabird; to operate a vessel or aircraft orto do any other act that results in the disturbance ormolestation of any marine mammal, sea turtle orseabird.

***

§ 922.162 Definitions applicable to the FloridaKeys National Marine Sanctuary only.

(a) The following definitions apply to the FloridaKeys National Marine Sanctuary regulations. To theextent that a definition appears in § 922.3 and thissection, the definition in this section governs.

Acts means the Florida Keys National MarineSanctuary and Protection Act, as amended,(FKNMSPA) (Pub. L. 101-605), and the NationalMarine Sanctuaries Act (NMSA), also known as TitleIII of the Marine Protection, Research, and Sanctuar-ies Act, as amended, (MPRSA) (16 U.S.C. § 1431 etseq.).

Adverse effect means any factor, force, or actionthat independently or cumulatively damages, dimin-ishes, degrades, impairs, destroys, or otherwiseharms any Sanctuary resource, as defined in section302(8) of the NMSA(16 U.S.C. § 1432(8)) and in this section, or any ofthe qualities, values, or purposes for which theSanctuary is designated.

Airboat means a vessel operated by means of amotor driven propeller that pushes air for momentum.

Areas To Be Avoided means the areas describedin the Federal Register notice of May 9, 1990 (55Fed. Reg. 19418-19419) in which vessel operationsare prohibited pursuant to section 6(a)(1) of theFKNMSPA (see § 922.164(a)). Appendix VII to thispart sets forth the geographic coordinates of theseareas, including any modifications thereto made inaccordance with section 6(a)(3) of the FKNMSPA.


116

Closed means all entry or use is prohibited.

Coral means the corals of the Class Hydrozoa(stinging and hydrocorals); the Class Anthozoa,Subclass Hexacorallia, Order Scleractinia (stonycorals) and Antipatharia (black corals).

Coral area means marine habitat where coralgrowth abounds including patch reefs, outer bankreefs, deepwater banks, and hardbottoms.

Coral reefs means the hard bottoms, deep-waterbanks, patch reefs, and outer bank reefs.

Ecological Reserve means an area of the Sanc-tuary consisting of contiguous, diverse habitats,within which uses are subject to conditions, restric-tions and prohibitions, including access restrictions,intended to minimize human influences, to providenatural spawning, nursery, and permanent residenceareas for the replenishment and genetic protection ofmarine life, and also to protect and preserve naturalassemblages of habitats and species within areasrepresenting a broad diversity of resources andhabitats found within the Sanctuary. Appendix IV tothis part sets forth the geographic coordinates ofthese areas.

Existing Management Area means an area of theSanctuary that is within or is a resource managementarea established by NOAA or by another Federalauthority of competent jurisdiction as of [inserteffective date of these regulations] where protectionsabove and beyond those provided by Sanctuary-wideprohibitions and restrictions are needed to ad-equately protect resources. Appendix II to this partsets forth the geographic coordinates of these areas.

Exotic species means a species of plant, inverte-brate, fish, amphibian, reptile or mammal whosenatural zoogeographic range would not have in-cluded the waters of the Atlantic Ocean, Caribbean,or Gulf of Mexico without passive or active introduc-tion to such area through anthropogenic means.

Fish means finfish, mollusks, crustaceans, andall forms of marine animal and plant life other thanmarine mammals and birds.

Fishing means: (1) the catching, taking, orharvesting of fish; (2) the attempted catching, taking,or harvesting of fish; (3) any other activity which canreasonably be expected to result in the catching,taking, or harvesting of fish; or (4) any operation atsea in support of, or in preparation for, any activitydescribed in subparagraphs (1) through (3). Such

term does not include any scientific research activitywhich is conducted by a scientific research vessel.

Hardbottom means a submerged marine commu-nity comprised of organisms attached to exposedsolid rock substrate. Hardbottom is the substrate towhich corals may attach but does not include thecorals themselves.

Idle speed only/no-wake means a speed at whicha boat is operated that is no greater than 4 knots ordoes not produce a wake.

Idle speed only/no-wake zone means a portion ofthe Sanctuary where the speed at which a boat isoperated may be no greater than 4 knots or may notproduce a wake.

Live rock means any living marine organism oran assemblage thereof attached to a hard substrate(including dead coral or rock but not individualmollusk shells(e.g., scallops, clams, oysters). Livingmarine organisms associated with hard bottoms,banks, reefs, and live rock may include, but are notlimited to: sea anemones (Phylum Cnidaria: ClassAnthozoa: Order Actinaria); sponges (PhylumPorifera); tube worms (Phylum Annelida), includingfan worms, feather duster worms, and Christmas treeworms; bryozoans (Phylum Bryzoa); sea squirts(Phylum Chordata); and marine algae, includingMermaid’s fan and cups (Udotea spp.), corralinealgae, green feather, green grape algae (Caulerpaspp.) and watercress (Halimeda spp.).

Marine life species means any species of fish,invertebrate, or plant included in sections (2), (3), or(4) of Rule 46-42.001, Florida Administrative Code,reprinted in Appendix VIII to this part.

Military activity means an activity conducted bythe Department of Defense with or without participa-tion by foreign forces, other than civil engineeringand other civil works projects conducted by the U.S.Army Corps of Engineers.

No-access buffer zone means a portion of theSanctuary where vessels are prohibited from enteringregardless of the method of propulsion.

No motor zone means an area of the Sanctuarywhere the use of internal combustion motors isprohibited. A vessel with an internal combustionmotor may access a no motor zone only through theuse of a push pole, paddle, sail, electric motor orsimilar means of operation but is prohibited fromusing it’s internal combustion motor.


117

Not available for immediate use means that isnot readily accessible for immediate use, e.g., bybeing stowed in a cabin, locker, or similar storagearea, or by being securely covered and lashed to adeck or bulkhead.

Officially marked channel means a channelmarked by Federal, State of Florida, or MonroeCounty officials of competent jurisdiction with naviga-tional aids except for channels marked idle speedonly/no wake.

Personal watercraft means any jet or air-poweredwatercraft, including class A-1 or A-2 vessels, de-signed to be operated by standing, sitting, or kneelingon or behind the vessel and that uses an engine topower a water jet pump for propulsion, in contrast toa conventional boat, which uses a propeller andwhere the operator stands or sits inside the vessel.

Prop dredging means the use of a vessel’spropulsion wash to dredge or otherwise alter theseabed of the Sanctuary. Prop dredging includes,but is not limited to, the use of propulsion washdeflectors or similar means of dredging or otherwisealtering the seabed of the Sanctuary. Prop dredgingdoes not include the disturbance to bottom sedimentsresulting from normal vessel propulsion.

Prop scarring means the injury to seagrasses orother immobile organisms attached to the seabed ofthe Sanctuary caused by operation of a vessel in amanner that allows its propeller or other runninggear, or any part thereof, to cause such injury (e.g.,cutting seagrass rhizomes). Prop scarring does notinclude minor disturbances to bottom sediments orseagrass blades resulting from normal vessel propul-sion.

Residential shoreline means any man-made ornatural a) shoreline, b) canal mouth, c) basin, or d)cove adjacent to any residential land use district,including improved subdivision, suburban residentialor suburban residential limited, sparsely settled,urban residential, and urban residential mobile homeunder the Monroe County land development regula-tions.

Sanctuary means the Florida Keys NationalMarine Sanctuary.

Sanctuary Preservation Area means an area ofthe Sanctuary that encompasses a discrete, biologi-cally important area, within which uses are subject toconditions, restrictions and prohibitions, includingaccess restrictions, to avoid concentrations of uses

that could result in significant declines in speciespopulations or habitat, to reduce conflicts betweenuses, to protect areas that are critical for sustainingimportant marine species or habitats, or to provideopportunities for scientific research. Appendix V tothis part sets forth the geographic coordinates ofthese areas.

Sanctuary wildlife means any species of fauna,including avifauna, that occupy or utilize the sub-merged resources of the Sanctuary as nursery areas,feeding grounds, nesting sites, shelter, or otherhabitat during any portion of their life cycles.

Seagrass means any species of marine an-giosperms (flowering plants) that inhabit portions ofthe seabed in the Sanctuary. Those species include,but are not limited to: Thalassia testudinum (turtlegrass); Syringodium filiforme (manatee grass);Halodule wrightii (shoal grass); Halophila decipiens,H. engelmannii, H. johnsonii; and Ruppia maritima.

Special-use Area means an area of the Sanctu-ary set aside for scientific research and educationalpurposes, recovery or restoration of Sanctuaryresources, monitoring, to prevent use or user con-flicts, to facilitate access and use, or to promotepublic use and understanding of Sanctuary re-sources. Appendix VI to this part sets forth thegeographic coordinates of these areas.

Tank vessel means any vessel that is con-structed or adapted to carry, or that carries, oil orhazardous material in bulk as cargo or cargo residue,and that— (A) is a United States flag vessel; (B)operates on the navigable waters of the UnitedStates; or (C) transfers oil or hazardous material in aport or place subject to the jurisdiction of the UnitedStates [46 U.S.C. 2101].

Traditional fishing means those commercial orrecreational fishing activities that were customarilyconducted within the Sanctuary prior to its designa-tion as identified in the Environmental Impact State-ment and Management Plan for this Sanctuary.

Tropical fish means any species included insection (2) of Rule 46-42.001, Florida AdministrativeCode, reproduced in Appendix VIII to this part, or anypart thereof.

Vessel means a watercraft of any description,including, but not limited to, motorized and non-motorized watercraft, personal watercraft, airboats,and float planes while maneuvering on the water,capable of being used as a means of transportation


118

in/on the waters of the Sanctuary. For purposes ofthis part, the terms “vessel,” “watercraft,” and “boat”have the same meaning.

Wildlife Management Area means an area of theSanctuary established for the management, protec-tion, and preservation of Sanctuary wildlife re-sources, including such an area established for theprotection and preservation of endangered or threat-ened species or their habitats, within which access isrestricted to minimize disturbances to Sanctuarywildlife; to ensure protection and preservationconsistent with the Sanctuary designation and otherapplicable law governing the protection and preser-vation of wildlife resources in the Sanctuary. Appen-dix III lists these areas and their access restrictions.

(b) Other terms appearing in the regulations inthis part are defined at 15 CFR 922.3, and/or in theMarine Protection, Research, and Sanctuaries Act(MPRSA), as amended, 33 U.S.C. 1401 et seq. and16 U.S.C. 1431 et seq.

§ 922.42 Allowed activities.

All activities (e.g., fishing, boating, diving, re-search, education) may be conducted unless prohib-ited or otherwise regulated in subparts F through P,subject to any emergency regulations promulgatedpursuant to §§ 922.44, 922.111(c), or 922.165,subject to all prohibitions, regulations, restrictions,and conditions validly imposed by any Federal, State,or local authority of competent jurisdiction, includingFederal and State fishery management authorities,and subject to the provisions of§ 312 of the Act. The Assistant Administrator mayonly directly regulate fishing activities pursuant to theprocedure set forth in § 304(a)(5) of the NMSA.

§ 922.163 Prohibited activities - Sanctuary-wide.

(a) Except as specified in paragraph (b) through(e) of this section, the following activities are prohib-ited and thus are unlawful for any person to conductor to cause to be conducted:

(1) Mineral and hydrocarbon exploration, devel-opment and production. Exploring for, developing, orproducing minerals or hydrocarbons within theSanctuary.

(2) Removal of, injury to, or possession of coralor live rock. (i) Moving, removing, taking, harvesting,damaging, disturbing, breaking, cutting, or otherwiseinjuring, or possessing (regardless of where takenfrom) any living or dead coral, or coral formation, or

attempting any of these activities, except as permit-ted under 50 CFR part 638.

(ii) Harvesting, or attempting to harvest, any liverock from the Sanctuary, or possessing (regardlessof where taken from) any live rock within the Sanctu-ary, except as authorized by a permit for the posses-sion or harvest from aquaculture operations in theExclusive Economic Zone, issued by the NationalMarine Fisheries Service pursuant to applicableregulations under the appropriate Fishery Manage-ment Plan, or as authorized by the applicable Stateauthority of competent jurisdiction within the Sanctu-ary for live rock cultured on State submerged landsleased from the State of Florida, pursuant to appli-cable State law. See § 370.027, Florida Statutes andimplementing regulations.

(3) Alteration of, or construction on, the seabed.Drilling into, dredging, or otherwise altering theseabed of the Sanctuary, or engaging in prop-dredging; or constructing, placing or abandoning anystructure, material, or other matter on the seabed ofthe Sanctuary, except as an incidental result of:

(i) Anchoring vessels in a manner not otherwiseprohibited by this part (see §§ 922.163(a)(5)(ii) and922.164(d)(1)(v));

(ii) Traditional fishing activities not otherwiseprohibited by this part;

(iii) Installation and maintenance of navigationalaids by, or pursuant to valid authorization by, anyFederal, State, or local authority of competentjurisdiction;

(iv) Harbor maintenance in areas necessarilyassociated with Federal water resource developmentprojects in existence on [insert effect date of theseregulations], including maintenance dredging ofentrance channels and repair, replacement, orrehabilitation of breakwaters or jetties;

(v) Construction, repair, replacement, or rehabili-tation of docks, seawalls, breakwaters, piers, ormarinas with less than ten slips authorized by anyvalid lease, permit, license, approval, or otherauthorization issued by any Federal, State, or localauthority of competent jurisdiction.

(4) Discharge or deposit of materials or othermatter. (i) Discharging or depositing, from within theboundary of the Sanctuary, any material or othermatter, except:

(A) Fish, fish parts, chumming materials, or bait


119

used or produced incidental to and while conductinga traditional fishing activity in the Sanctuary;

(B) Biodegradable effluent incidental to vesseluse and generated by a marine sanitation deviceapproved in accordance with Section 312 of theFederal Water Pollution Control Act, as amended,(FWPCA), 33 U.S.C. 1322 et seq.;

(C) Water generated by routine vessel operations(e.g., deck wash down and graywater as defined insection 312 of the FWPCA), excluding oily wastesfrom bilge pumping; or

(D) Cooling water from vessels or engine ex-haust;

(ii) Discharging or depositing, from beyond theboundary of the Sanctuary, any material or othermatter that subsequently enters the Sanctuary andinjures a Sanctuary resource or quality, except thoselisted in paragraph (a)(4)(i)(A) through (D) above andthose authorized under Monroe County land usepermits.

(5) Operation of vessels.

(i) Operating a vessel in such a manner as tostrike or otherwise injure coral, seagrass, or anyother immobile organism attached to the seabed,including, but not limited to, operating a vessel insuch a manner as to cause prop-scarring.

(ii) Anchoring a vessel on coral other thanhardbottom in water depths less than 40 feet whenvisibility is such that the seabed can be seen.

(iii) Except in officially marked channels, operat-ing a vessel at a speed greater than 4 knots or inmanner which creates a wake:

(A) within an area designated idle speed only/nowake;

(B) within 100 yards of navigational aids indicat-ing emergent or shallow reefs (international diamondwarning symbol);

(C) within 100 feet of the red and white “diversdown” flag (or the blue and white “alpha” flag inFederal waters);

(D) within 100 yards of residential shorelines; or(E) within 100 yards of stationary vessels.

(iv) Operating a vessel in such a manner as toinjure, take or cause disturbance to wading, roosting,or nesting birds or marine mammals.

(v) Operating a vessel in a manner which unrea-sonably or unnecessarily endangers life, limb, marineresources, or property, including but not limited to,weaving through congested vessel traffic, jumping

the wake of another vessel unreasonably or unnec-essarily close to such other vessel or when visibilityaround such other vessel is obstructed, or waitinguntil the last possible moment to avoid a collision.

(6) Conduct of diving/snorkeling without flag.Diving or snorkeling without flying in a conspicuousmanner the red and white “divers down” flag (or theblue and white “alpha” flag in Federal waters).

(7) Release of exotic species. Introducing orreleasing an exotic species of plant, invertebrate,fish, amphibian, or mammals into the Sanctuary.

(8) Damage or removal of markers. Marking,defacing, or damaging in any way or displacing,removing, or tampering with any official signs,notices, or placards, whether temporary or perma-nent, or with any navigational aids, monuments,stakes, posts, mooring buoys, boundary buoys, trapbuoys, or scientific equipment.

(9) Movement of, removal of, injury to, or posses-sion of Sanctuary historical resources. Moving,removing, injuring, or possessing, or attempting tomove, remove, injure, or possess, a Sanctuaryhistorical resource.

(10) Take or possession of protected wildlife.Taking any marine mammal, sea turtle, or seabird inor above the Sanctuary, except as authorized by theMarine Mammal Protection Act, as amended,(MMPA), 16 U.S.C. 1361 et seq., the EndangeredSpecies Act, as amended, (ESA), 16 U.S.C. 1531 etseq., and the Migratory Bird Treaty Act, as amended,(MBTA) 16 U.S.C. 703 et seq.

(11) Possession or use of explosives or electricalcharges. Possessing, or using explosives, exceptpowerheads, or releasing electrical charges withinthe Sanctuary.

(12) Harvest or possession of marine life spe-cies. Harvesting, possessing, or landing any marinelife species, or part thereof, within the Sanctuary,except in accordance with rules 46-42.001 through46-42.003, 46-42.0035, and 46-42.004 through 46-42.007, and 46.42.009 of the Florida AdministrativeCode, reproduced in Appendix VIII to this part, andsuch rules shall apply mutatis mutandis (with neces-sary editorial changes) to all Federal and Statewaters within the Sanctuary.

(13) Interference with law enforcement. Interfer-ing with, obstructing, delaying or preventing aninvestigation, search, seizure, or disposition of seized


120

property in connection with enforcement of the Actsor any regulation or permit issued under the Acts.

(b) Notwithstanding the prohibitions in thissection and in § 922.164, and any access and userestrictions imposed pursuant thereto, a person mayconduct an activity specifically authorized by, andconducted in accordance with the scope, purpose,terms, and conditions of, a National Marine Sanctu-ary permit issued pursuant to § 922.166.

(c) Notwithstanding the prohibitions in thissection and in § 922.164, and any access and userestrictions imposed pursuant thereto, a person mayconduct an activity specifically authorized by a validFederal, State, or local lease, permit, license, ap-proval, or other authorization in existence on [insertthe effective date of these regulations], or by anyvalid right of subsistence use or access in existence[insert the effective date of these regulations],provided that the holder of such authorization or rightcomplies with § 922.167 and with any terms andconditions on the exercise of such authorization orright imposed by the Director as a condition ofcertification as he or she deems reasonably neces-sary to achieve the purposes for which the Sanctuarywas designated.

(d) Notwithstanding the prohibitions in thissection and in § 922.164, and any access and userestrictions imposed pursuant thereto, a person mayconduct an activity specifically authorized by anyvalid Federal, State, or local lease, permit, license,approval, or other authorization issued after [insertthe effective date of these regulations], provided thatthe applicant complies with § 922.168, the Directornotifies the applicant and authorizing agency that heor she does not object to issuance of the authoriza-tion, and the applicant complies with any terms andconditions the Director deems reasonably necessaryto protect Sanctuary resources and qualities. Amend-ments, renewals and extensions of authorizations inexistence on [insert the effective date of theseregulations] constitute authorizations issued after[insert the effective date of these regulations].

(e)(1) All military activities shall be carried out ina manner that avoids to the maximum extent practi-cal any adverse impacts on Sanctuary resources andqualities. The prohibitions in paragraph (a) of thissection and § 922.164 do not apply to existingclasses of military activities which were conductedprior to the effective date of these regulations, asidentified in the Environmental Impact Statement andManagement Plan for the Sanctuary. New militaryactivities in the Sanctuary are allowed and may be

exempted from the prohibitions in paragraph (a) ofthis section and in § 922.164 by the Director afterconsultation between the Director and the Depart-ment of Defense pursuant to section 304(d) of theNMSA. When a military activity is modified such thatit is likely to destroy, cause the loss of, or injure aSanctuary resource or quality in a manner signifi-cantly greater than was considered in a previousconsultation under section 304(d) of the NMSA, or itis likely to destroy, cause the loss of, or injure aSanctuary resource or quality not previously consid-ered in a previous consultation under section 304(d)of the NMSA, the activity is considered a new activityfor purposes of this paragraph. If it is determinedthat an activity may be carried out, such activity shallbe carried out in a manner that avoids to the maxi-mum extent practical any adverse impact on Sanctu-ary resources and qualities.

(2) In the event of threatened or actual destruc-tion of, loss of, or injury to a Sanctuary resource orquality resulting from an untoward incident, includingbut not limited to spills and groundings caused by theDepartment of Defense, the cognizant componentshall promptly coordinate with the Director for thepurpose of taking appropriate actions to prevent,respond to or mitigate the harm and, if possible,restore or replace the Sanctuary resource or quality.

(f) The prohibitions contained in paragraph (a)(5)of this section do not apply to Federal, State andlocal officers while performing enforcement dutiesand/or responding to emergencies that threaten life,property, or the environment in their official capacity.

(g) Notwithstanding paragraph (b) of this sectionand paragraph (a) of § 922.168, in no event may theDirector issue a permit under § 922.166 authorizing,or otherwise approve, the exploration for, leasing,development, or production of minerals or hydrocar-bons within the Sanctuary, the disposal of dredgedmaterial within the Sanctuary other than in connec-tion with beach renourishment or Sanctuary restora-tion projects, or the discharge of untreated or primarytreated sewage (except by a certification, pursuant to§ 922.167, of a valid authorization in existence on[insert effective date of these regulations]), and anypurported authorizations issued by other authoritiesafter [insert the effective date of these regulations] forany of these activities within the Sanctuary shall beinvalid.


121

§ 922.164 Additional activity regulations bySanctuary area.

In addition to the prohibitions set forth in §922.163, which apply throughout the Sanctuary, thefollowing regulations apply with respect to activitiesconducted within the Sanctuary areas described inthis section and in Appendix (II) through (VII) to thispart. Activities located within two or more overlappingSanctuary areas are concurrently subject to theregulations applicable to each overlapping area.

(a) Areas To Be Avoided. Operating a tankvessel or a vessel greater than 50 meters in regis-tered length is prohibited in all areas to be avoided,except if such vessel is a public vessel and itsoperation is essential for national defense, lawenforcement, or responses to emergencies thatthreaten life, property, or the environment. AppendixVII to this part sets forth the geographic coordinatesof these areas.

(b) Existing Management Areas.

(1) Key Largo and Looe Key Management Areas.The following activities are prohibited within the KeyLargo and Looe Key Management Areas (also knownas the Key Largo and Looe Key National MarineSanctuaries) described in Appendix II to this part:

(i) Removing, taking, damaging, harmfullydisturbing, breaking, cutting, spearing or similarlyinjuring any coral or other marine invertebrate, or anyplant, soil, rock, or other material, except commercialtaking of spiny lobster and stone crab by trap andrecreational taking of spiny lobster by hand or byhand gear which is consistent with these regulationsand the applicable regulations implementing theapplicable Fishery Management Plan.

(ii) Taking any tropical fish.

(iii) Fishing with wire fish traps, bottom trawls,dredges, fish sleds, or similar vessel-towed oranchored bottom fishing gear or nets.

(iv) Fishing with, carrying or possessing, exceptwhile passing through without interruption or for lawenforcement purposes: pole spears, air rifles, bowsand arrows, slings, Hawaiian slings, rubber poweredarbaletes, pneumatic and spring-loaded guns orsimilar devices known as spearguns.

(2) Great White Heron and Key West NationalWildlife Refuge Management Areas. The followingactivities are prohibited within the marine portions of

the Great White Heron and Key West NationalWildlife Refuge Management Areas described inAppendix II to this part:

(i) Operating a personal watercraft, operating anairboat, or water skiing except within Township 66South, Range 29 East, Sections 5, 11, 12 and 14;Township 66 South, Range 28 East, Section 2;Township 67 South, Range 26 East, Sections 16 and20, all Tallahassee Meridian.

(ii) Discharging or depositing any material orother matter except cooling water or engine exhaust.

(c) Wildlife Management Areas. (1) Marineportions of the Wildlife Management Areas listed inAppendix III to this part or portions thereof may bedesignated “idle speed only/no-wake,” “no-motor” or“no-access buffer” zones or “closed”. The Director, incooperation with other Federal, State, or localresource management authorities, as appropriate,shall post signs conspicuously, using mounting posts,buoys, or other means according to location andpurpose, at appropriate intervals and locations,clearly delineating an area as an “idle speed only/nowake”, a “no-motor”, or a “no-access buffer” zone oras “closed”, and allowing instant, long-range recogni-tion by boaters. Such signs shall display the officiallogo of the Sanctuary.

(2) The following activities are prohibited withinthe marine portions of the Wildlife ManagementAreas listed in Appendix III to this part:

(i) In those marine portions of any WildlifeManagement Area designated an “idle speed only/nowake” zone in Appendix III to this part, operating avessel at a speed greater that idle speed only/nowake.

(ii) In those marine portions of any WildlifeManagement Area designated a “no-motor” zone inAppendix III to this part, using internal combustionmotors or engines for any purposes. A vessel withan internal combustion motor or engine may accessa “no-motor” zone only through the use of a pushpole, paddle, sail, electric motor or similar means ofpropulsion.

(iii) In those marine portions of any WildlifeManagement Area designated a “no-access buffer”zone in Appendix III of this part, entering the area byvessel.


122

(iv) In those marine portions of any WildlifeManagement Area designated as closed in AppendixIII of this part, entering or using the area.

(v) Discharging or depositing any material orother matter except cooling water or engine exhaust.

(3) The Director shall coordinate with otherFederal, State, or local resource managementauthorities, as appropriate, in the establishment andenforcement of access restrictions described in(c)(2)(i)-(iv) of this section in the marine portions ofWildlife Management Areas.

(4) The Director may modify the number andlocation of access restrictions described in (c)(2)(i)-(iv) of this section within the marine portions of aWildlife Management Area if the Director finds thatsuch action is reasonably necessary to minimizedisturbances to Sanctuary wildlife, or to ensureprotection and preservation of Sanctuary wildlifeconsistent with the purposes of the Sanctuarydesignation and other applicable law governing theprotection and preservation of wildlife resources inthe Sanctuary. The Director will effect such modifica-tion by:(i) publishing in the Federal Register, after notice andan opportunity for public comments in accordance,an amendment to the list of such areas set forth inAppendix III to this part, and a notice regarding thetime and place where maps depicting the preciselocations of such restrictions will be made availablefor public inspection, and (ii) posting official signsdelineating such restrictions in accordance withsubparagraph (c)(1).

(d) Ecological Reserves and Sanctuary Preserva-tion Areas. (1) The following activities are prohibitedwithin the Ecological Reserves described in AppendixIV to this part, and within the Sanctuary PreservationAreas, described in Appendix V to this part:

(i) Discharging or depositing any material orother matter except cooling water or engine exhaust.

(ii) Possessing, moving, harvesting, removing,taking, damaging, disturbing, breaking, cutting,spearing, or otherwise injuring any coral, marineinvertebrate, fish, bottom formation, algae, seagrassor other living or dead organism, including shells, orattempting any of these activities. However, fish,invertebrates, and marine plants may be possessedaboard a vessel in an Ecological Reserve or Sanctu-ary Preservation Area, provided such resources canbe shown not to have been harvested within, re-moved from, or taken within, the Ecological Reserve

or Sanctuary Preservation Area, as applicable, bybeing stowed in a cabin, locker, or similar storagearea prior to entering and during transit through suchreserves or areas.

(iii) Except for catch and release fishing bytrolling in the Conch Reef, Alligator Reef, SombreroReef, and Sand Key SPAs, fishing by any means.However, gear capable of harvesting fish may beaboard a vessel in an Ecological Reserve or Sanctu-ary Preservation Area, provided such gear is notavailable for immediate use when entering andduring transit through such Ecological Reserve orSanctuary Preservation Area, and no presumption offishing activity shall be drawn therefrom.

(iv) Touching living or dead coral, including butnot limited to, standing on a living or dead coralformation.

(v) Placing any anchor in a way that allows theanchor or any portion of the anchor apparatus(including the anchor, chain or rope) to touch living ordead coral, or any attached organism. When anchor-ing dive boats, the first diver down must inspect theanchor to ensure that it is not touching living or deadcoral, and will not shift in such a way as to touchsuch coral or other attached organisms. No furtherdiving shall take place until the anchor is placed inaccordance with these requirements.

(vi) Anchoring instead of mooring when a moor-ing buoy is available or anchoring in other than adesignated anchoring area when such areas havebeen designated and are available.

(vii) Except for passage without interruptionthrough the area, for law enforcement purposes, orfor purposes of monitoring pursuant to paragraph(d)(2), violating a temporary access restrictionimposed by the Director pursuant to paragraph (d)(2).

(2) The Director may temporarily restrict accessto any portion of any Sanctuary Preservation Area orEcological Reserve if the Director, on the basis of thebest available data, information and studies, deter-mines that a concentration of use appears to becausing or contributing to significant degradation ofthe living resources of the area and that such actionis reasonably necessary to allow for recovery of theliving resources of such area. The Director willprovide for continuous monitoring of the area duringthe pendency of the restriction. The Director willprovide public notice of the restriction by publishing anotice in the Federal Register, and by such othermeans as the Director may deem appropriate. The


123

Director may only restrict access to an area for aperiod of 60 days, with one additional 60 day re-newal. The Director may restrict access to an areafor a longer period pursuant to a notice and opportu-nity for public comment rulemaking under the Admin-istrative Procedure Act. Such restriction will be keptto the minimum amount of area necessary to achievethe purposes thereof.

(e) Special-use Areas. (1) The Director may setaside discrete areas of the Sanctuary as Special-useAreas, and, by designation pursuant to this para-graph, impose the access and use restrictionsspecified in subparagraph (e)(3). Special-use Areasare described in Appendix VI to this part, in accor-dance with the following designations and corre-sponding objectives:

(i) “Recovery area” to provide for the recovery ofSanctuary resources from degradation or other injuryattributable to human uses;

(ii) “Restoration area” to provide for restoration ofdegraded or otherwise injured Sanctuary resources;

(iii) “Research-only area” to provide for scientificresearch or education relating to protection andmanagement, through the issuance of a SanctuaryGeneral permit for research pursuant to§ 922.166 of these regulations; and

(iv) “Facilitated-use area” to provide for theprevention of use or user conflicts or the facilitation ofaccess and use, or to promote public use andunderstanding, of Sanctuary resources through theissuance of special-use permits.

(2) A Special-use Area shall be no larger thanthe size the Director deems reasonably necessary toaccomplish the applicable objective.

(3) Persons conducting activities within anySpecial-use Area shall comply with the access anduse restrictions specified in this paragraph and madeapplicable to such area by means of its designationas a “recovery area,” “restoration area,” “research-only area,” or “facilitated-use area.” Except forpassage without interruption through the area or forlaw enforcement purposes, no person may enter aSpecial-use Area except to conduct or cause to beconducted the following activities:

(i) in such area designated as a “recovery area”or a “restoration area”, habitat manipulation related torestoration of degraded or otherwise injured Sanctu-ary resources, or activities reasonably necessary to

monitor recovery of degraded or otherwise injuredSanctuary resources;

(ii) in such area designated as a “research onlyarea”, scientific research or educational use specifi-cally authorized by and conducted in accordance withthe scope, purpose, terms and conditions of a validNational Marine Sanctuary General or HistoricalResources permit, or

(iii) in such area designated as a “facilitated-usearea”, activities specified by the Director or specifi-cally authorized by and conducted in accordance withthe scope, purpose, terms, and conditions of a validSpecial-use permit.

(4)(i) The Director may modify the number of,location of, or designations applicable to, Special-useAreas by publishing in the Federal Register, afternotice and an opportunity for public comment inaccordance with the Administrative Procedure Act,an amendment to Appendix VI to this part, exceptthat, with respect to such areas designated as a“recovery area,” “restoration area,” or “research onlyarea,” the Director may modify the number of,location of, or designation applicable to, such areasby publishing a notice of such action in the FederalRegister if the Director determines that immediateaction is reasonably necessary to:

(A) prevent significant injury to Sanctuary re-sources where circumstances create an imminentrisk to such resources;

(B) initiate restoration activity where a delay intime would significantly impair the ability of suchrestoration activity to succeed;

(C) initiate research activity where an unforeseennatural event produces an opportunity for scientificresearch that may be lost if research is not initiatedimmediately.

(ii) If the Director determines that a notice ofmodification must be promulgated immediately inaccordance with subparagraph (4)(i), the Directorwill, as part of the same notice, invite public commentand specify that comments will be received for 15days after the effective date of the notice. As soon aspracticable after the end of the comment period, theDirector will either rescind, modify or allow themodification to remain unchanged through notice inthe Federal Register.


Where necessary to prevent or minimize thedestruction of, loss of, or injury to a Sanctuary


124

resource or quality, or minimize the imminent risk ofsuch destruction, loss, or injury, any and all activitiesare subject to immediate temporary regulation,including prohibition. Any such temporary regulationmay be in effect for up to 60 days, with one 60-dayextension. Additional or extended action will requirenotice and comment rulemaking under the Adminis-trative Procedure Act, notice in local newspapers,notice to Mariners, and press releases.

§ 922.45 Penalties.

(a) Each violation of the NMSA or FKNMSPA,any regulation in this part, or any permit issuedpursuant thereto, is subject to a civil penalty of notmore than $100,000. Each day of a continuingviolation constitutes a separate violation.

(b) Regulations setting forth the proceduresgoverning administrative proceedings for assessmentof civil penalties, permit sanctions, and denials forenforcement reasons, issuance and use of writtenwarnings, and release or forfeiture of seized propertyappear at 15 CFR part 904.

§ 922.46 Response costs and damages.

Under section 312 of the Act, any person whodestroys, causes the loss of, or injures any Sanctuaryresource is liable to the United States for responsecosts and damages resulting from such destruction,loss or injury, and any vessel used to destroy, causethe loss of, or injure any Sanctuary resource is liablein rem to the United States for response costs anddamages resulting from such destruction, loss orinjury.

§ 922.166 Permits - application procedures andissuance criteria.

(a) National Marine Sanctuary General Permit.

(1) A person may conduct an activity prohibitedby §§ 922.163 or 922.164, other than an activityinvolving the survey/inventory, research/recovery, ordeaccession/transfer of Sanctuary historical re-sources, if such activity is specifically authorized by,and provided such activity is conducted in accor-dance with the scope, purpose, terms and conditionsof, a National Marine Sanctuary General permitissued under this paragraph (a).

(2) The Director, at his or her discretion, mayissue a General permit under this paragraph (a),subject to such terms and conditions as he or shedeems appropriate, if the Director finds that the

activity will: (i) further research or monitoring relatedto Sanctuary resources and qualities; (ii) further theeducational value of the Sanctuary; (iii) further thenatural or historical resource value of the Sanctuary;(iv) further salvage or recovery operations in or nearthe Sanctuary in connection with a recent air ormarine casualty; (v) assist in managing the Sanctu-ary; or (vi) otherwise further Sanctuary purposes,including facilitating multiple use of the Sanctuary, tothe extent compatible with the primary objective ofresource protection.

(3) The Director shall not issue a General permitunder this paragraph (a), unless the Director alsofinds that: (i) the applicant is professionally qualifiedto conduct and complete the proposed activity; (ii) theapplicant has adequate financial resources availableto conduct and complete the proposed activity; (iii)the duration of the proposed activity is no longer thannecessary to achieve its stated purpose; (iv) themethods and procedures proposed by the applicantare appropriate to achieve the proposed activity’sgoals in relation to the activity’s impacts on Sanctu-ary resources and qualities; (v) the proposed activitywill be conducted in a manner compatible with theprimary objective of protection of Sanctuary re-sources and qualities, considering the extent to whichthe conduct of the activity may diminish or enhanceSanctuary resources and qualities, any indirect,secondary or cumulative effects of the activity, andthe duration of such effects; (vi) it is necessary toconduct the proposed activity within the Sanctuary toachieve its purposes; and (vii) the reasonably ex-pected end value of the activity to the furtherance ofSanctuary goals and purposes outweighs anypotential adverse impacts on Sanctuary resourcesand qualities from the conduct of the activity. Foractivities proposed to be conducted within any of theareas described in§ 922.164(b)-(e), the Director shall not issue a permitunless he or she further finds that such activities willfurther and are consistent with the purposes forwhich such area was established, as described in §§922.162 and 922.164 and in the management planfor the Sanctuary.

(b) National Marine Sanctuary Survey/Inventoryof Historical Resources Permit.

(1) A person may conduct an activity prohibited by §§922.163 or 922.164 involving the survey/inventory ofSanctuary historical resources if such activity isspecifically authorized by, and is conducted inaccordance with the scope, purpose, terms andconditions of, a Survey/Inventory of Historical Re-sources permit issued under this paragraph (b).


125

Such permit is not required if such survey/inventoryactivity does not involve any activity prohibited by §§922.163 or 922.164. Thus, survey/inventory activitiesthat are non-intrusive, do not include any excavation,removal, or recovery of historical resources, and donot result in destruction of, loss of, or injury toSanctuary resources or qualities do not require apermit. However, if a survey/inventory activity willinvolve test excavations or removal of artifacts ormaterials for evaluative purposes, a Survey/Inventoryof Historical Resources permit is required. Regard-less of whether a Survey/Inventory permit is required,a person may request such permit. Persons whohave demonstrated their professional abilities undera Survey/Inventory permit will be given preferenceover other persons in consideration of the issuanceof a Research/Recovery permit. While a Survey/Inventory permit does not grant any rights withregards to areas subject to pre-existing rights ofaccess which are still valid, once a permit is issuedfor an area, other survey/inventory permits will not beissued for the same area during the period for whichthe permit is valid.

(2) The Director, at his or her discretion, mayissue a Survey/Inventory permit under this paragraph(b), subject to such terms and conditions as he orshe deems appropriate, if the Director finds that suchactivity: (i) satisfies the requirements for a permitissued under paragraph (a)(3) of this section;(ii) either will be non-intrusive, not include anyexcavation, removal, or recovery of historical re-sources, and not result in destruction of, loss of, orinjury to Sanctuary resources or qualities, or ifintrusive, will involve no more than the minimummanual alteration of the seabed and/or the removalof artifacts or other material necessary for evaluativepurposes and will cause no significant adverseimpacts on Sanctuary resources or qualities; and (iii)that such activity will be conducted in accordancewith all requirements of the Programmatic Agreementfor the Management of Submerged Cultural Re-sources in the Florida Keys National Marine Sanctu-ary among NOAA, The Advisory Council on HistoricPreservation, and the State of Florida (hereinafterSCR Agreement), and that such permit issuance is inaccordance with such SCR Agreement. This incorpo-ration by reference was approved by the Director ofthe Federal Register in accordance with 5 U.S.C.552(a) and 1 CFR part 51. The SCR Agreement isreproduced in the “Submerged Cultural ResourcesAction Plan” set forth in Volume 1 of the Florida KeysNational Marine Sanctuary Management Plan, dated1996. Copies of the SCR Agreement may also beexamined at, and obtained from, the Sanctuaries andReserves Division, Office of Ocean and Coastal

Resource Management, National Ocean Service,National Oceanic and Atmospheric Administration,1305 East-West Highway, 12th floor, Silver Spring,MD 20910; or from the Florida Keys National MarineSanctuary Office, P.O. Box 500368, Marathon, FL33050.

(c) National Marine Sanctuary Research/Recovery of Sanctuary Historical Resources Permit.

(1) A person may conduct any activity prohibitedby §§ 922.163 or 922.164 involving the research/recovery of Sanctuary historical resources if suchactivity is specifically authorized by, and is conductedin accordance with the scope, purpose, terms andconditions of, a Research/Recovery of HistoricalResources permit issued under this paragraph (c).

(2) The Director, at his or her discretion, mayissue a Research/Recovery of Historical Resourcespermit, under this paragraph (c), and subject to suchterms and conditions as he or she deems appropri-ate, if the Director finds that: (i) such activity satisfiesthe requirements for a permit issued under paragraph(a)(3) of this section; (ii) the recovery of the resourceis in the public interest as described in the SCRAgreement; (iii) recovery of the resource is part ofresearch to preserve historic information for publicuse; and (iv) recovery of the resource is necessary orappropriate to protect the resource, preserve histori-cal information, and/or further the policies andpurposes of the NMSA and the FKNMSPA, and thatsuch permit issuance is in accordance with, and thatthe activity will be conducted in accordance with, allrequirements of the SCR Agreement.

(d) National Marine Sanctuary Special-usePermit.

(1) A person may conduct any commercial orconcession-type activity prohibited by §§ 922.163 or922.164, if such activity is specifically authorized by,and is conducted in accordance with the scope,purpose, terms and conditions of, a Special-usepermit issued under this paragraph (d). A Special-use permit is required for the deaccession/transfer ofSanctuary historical resources.

(2) The Director, at his or her discretion, mayissue a Special-use permit in accordance with thisparagraph (d), and subject to such terms and condi-tions as he or she deems appropriate and themandatory terms and conditions of section 310 of theNMSA, if the Director finds that issuance of suchpermit is reasonably necessary to: (i) establishconditions of access to and use of any Sanctuary


126

resource; or (ii) promote public use and understand-ing of any Sanctuary resources. No permit may beissued unless the activity is compatible with thepurposes for which the Sanctuary was designatedand can be conducted in a manner that does notdestroy, cause the loss of, or injure any Sanctuaryresource, and if for the deaccession/transfer ofSanctuary Historical Resources, unless such permitissuance is in accordance with, and that the activitywill be conducted in accordance with, all require-ments of the SCR Agreement.

(3) The Director may assess and collect fees forthe conduct of any activity authorized by a Special-use permit issued pursuant to this paragraph (d). NoSpecial-use permit shall be effective until all as-sessed fees are paid, unless otherwise provided bythe Director by a fee schedule set forth as a permitcondition. In assessing a fee, the Director shallinclude:

(i) all costs incurred, or expected to be incurred,in reviewing and processing the permit application,including, but not limited to, costs for: (A) number ofpersonnel; (B) personnel hours;(C) equipment; (D) biological assessments; (E)copying; and (F) overhead directly related to review-ing and processing the permit application;

(ii) all costs incurred, or expected to be incurred,as a direct result of the conduct of the activity forwhich the Special-use permit is being issued, includ-ing, but not limited to: (A) the cost of monitoring theconduct both during the activity and after the activityis completed in order to assess the impacts toSanctuary resources and qualities; (B) the use of anofficial NOAA observer, including travel and ex-penses and personnel hours; and(C) overhead costs directly related to the permittedactivity; and

(iii) an amount which represents the fair marketvalue of the use of the Sanctuary resource and areasonable return to the United States Government.

(4) Nothing in this paragraph (d) shall be consid-ered to require a person to obtain a permit under thisparagraph for the conduct of any fishing activitieswithin the Sanctuary.

(e) Applications. (1) Applications for permitsshould be addressed to the Director, Office of Oceanand Coastal Resource Management; ATTN: Sanctu-ary Superintendent, Florida Keys National MarineSanctuary, P.O. Box 500368, Marathon, FL 33050.All applications must include: (i) a detailed descrip-tion of the proposed activity including a timetable forcompletion of the activity and the equipment, person-nel and methodology to be employed; (ii) the qualifi-

cations and experience of all personnel; (iii) thefinancial resources available to the applicant toconduct and complete the proposed activity; (iv) astatement as to why it is necessary to conduct theactivity within the Sanctuary; (v) the potential impactsof the activity, if any, on Sanctuary resources andqualities; (vi) the benefit to be derived from theactivity; and (vii) such other information as theDirector may request depending on the type ofactivity. Copies of all other required licenses, per-mits, approvals, or other authorizations must beattached to the application.

(2) Upon receipt of an application, the Directormay request such additional information from theapplicant as he or she deems reasonably necessaryto act on the application and may seek the views ofany persons. The Director may require a site visit aspart of the permit evaluation. Unless otherwisespecified, the information requested must be re-ceived by the Director within 30 days of the postmarkdate of the request. Failure to provide such addi-tional information on a timely basis may be deemedby the Director to constitute abandonment or with-drawal of the permit application.

(f) A permit may be issued for a period notexceeding five years. All permits will be reviewedannually to determine the permittee’s compliancewith permit scope, purpose, terms and conditions andprogress toward reaching the stated goals andappropriate action taken under paragraph (g) ifwarranted. A permittee may request permit renewalpursuant to the same procedures for applying for anew permit. Upon the permittee’s request for re-newal, the Director shall review all reports submittedby the permittee as required by the permit conditions.In order to renew the permit, the Director must findthat the: (i) activity will continue to further the pur-poses for which the Sanctuary was designated inaccordance with the criteria applicable to the initialissuance of the permit; (ii) permittee has at no timeviolated the permit, or these regulations; and (iii) theactivity has not resulted in any unforeseen adverseimpacts to Sanctuary resources or qualities.

(g) The Director may amend, suspend, or revokea permit for good cause. The Director may deny apermit application, in whole or in part, if it is deter-mined that the permittee or applicant has acted inviolation of a previous permit, of these regulations, ofthe NMSA or FKNMSPA, or for other good cause.Any such action shall be communicated in writing tothe permittee or applicant by certified mail and shallset forth the reason(s) for the action taken. Proce-dures governing permit sanctions and denials for


127

enforcement reasons are set forth in Subpart D of 15CFR part 904.

(h) The applicant for or holder of a NationalMarine Sanctuary permit may appeal the denial,conditioning, amendment, suspension or revocationof the permit in accordance with the procedures setforth in § 922.50.

(i) A permit issued pursuant to this section otherthan a Special-use permit is nontransferable. Spe-cial-use permits may be transferred, sold, or as-signed with the written approval of the Director. Thepermittee shall provide the Director with writtennotice of any proposed transfer, sale, or assignmentno less than 30 days prior to its proposed consum-mation. Transfers, sales, or assignments consum-mated in violation of this requirement shall be consid-ered a material breach of the Special-use permit, andthe permit shall be considered void as of the consum-mation of any such transfer, sale, or assignment.

(j) The permit or a copy thereof shall be main-tained in legible condition on board all vessels oraircraft used in the conduct of the permitted activityand be displayed for inspection upon the request ofany authorized officer.

(k) Any permit issued pursuant to this sectionshall be subject to the following terms and conditions:

(1) All permitted activities shall be conducted in amanner that does not destroy, cause the loss of, orinjure Sanctuary resources or qualities, except to theextent that such may be specifically authorized.

(2) The permittee agrees to hold the UnitedStates harmless against any claims arising out of theconduct of the permitted activities.

(3) All necessary Federal, State, and localpermits from all agencies with jurisdiction over theproposed activities shall be secured before com-mencing field operations.

(l) In addition to the terms and conditions listed inparagraph (k), any permit authorizing the research/recovery of historical resources shall be subject tothe following terms and conditions:

(1) a professional archaeologist shall be incharge of planning, field recovery operations, andresearch analysis.

(2) an agreement with a conservation laboratoryshall be in place before field recovery operations are

begun, and an approved nautical conservator shallbe in charge of planning, conducting, and supervisingthe conservation of any artifacts and other materialsrecovered.

(3) a curation agreement with a museum orfacility for curation, public access and periodic publicdisplay, and maintenance of the recovered historicalresources shall be in place before commencing fieldoperations (such agreement for the curation anddisplay of recovered historical resources may providefor the release of public artifacts for deaccession/transfer if such deaccession/transfer is consistentwith preservation, research, education, or otherpurposes of the designation and management of theSanctuary. Deaccession/transfer of historical re-sources requires a Special-use permit issued pursu-ant to paragraph (d) and such deaccession/transfershall be executed in accordance with the require-ments of the SCR Agreement).

(4) the site’s archaeological information is fullydocumented, including measured drawings, sitemaps drawn to professional standards, and photo-graphic records.

(m) In addition to the terms and conditions listedin paragraph (k) and (l), any permit issued pursuantto this section is subject to such other terms andconditions, including conditions governing access to,or use of, Sanctuary resources, as the Directordeems reasonably necessary or appropriate and infurtherance of the purposes for which the Sanctuaryis designated. Such terms and conditions mayinclude, but are not limited to:

(1) Any data or information obtained under thepermit shall be made available to the public.

(2) A NOAA official shall be allowed to observeany activity conducted under the permit.

(3) The permittee shall submit one or morereports on the status, progress, or results of anyactivity authorized by the permit.

(4) The permittee shall submit an annual reportto the Director not later than December 31 of eachyear on activities conducted pursuant to the permit.The report shall describe all activities conductedunder the permit and all revenues derived from suchactivities during the year and/or term of the permit.

(5) The permittee shall purchase and maintaingeneral liability insurance or other acceptable secu-rity against potential claims for destruction, loss of, or


128

injury to Sanctuary resources arising out of thepermitted activities. The amount of insurance orsecurity should be commensurate with an estimatedvalue of the Sanctuary resources in the permittedarea. A copy of the insurance policy or securityinstrument shall be submitted to the Director.

§ 922.167 Certification of preexisting leases,licenses, permits, approvals, other authoriza-tions, or rights to conduct a prohibited activity.

(a) A person may conduct an activity prohibitedby§§ 922.163 or 922.164 if such activity is specificallyauthorized by a valid Federal, State, or local lease,permit, license, approval, or other authorization inexistence on [insert the effective date of theseregulations], or by any valid right of subsistence useor access in existence on [insert the effective date ofthese regulations], provided that:

1) The holder of such authorization or right notifiesthe Director, in writing, within 90 days of [insert theeffective date of these regulations], of the existenceof such authorization or right and requests certifica-tion of such authorization or right; 2) the holdercomplies with the other provisions of this § 922.167;and 3) the holder complies with any terms andconditions on the exercise of such authorization orright imposed as a condition of certification, by theDirector, to achieve the purposes for which theSanctuary was designated.

(b) The holder of an authorization or right de-scribed in paragraph (a) above authorizing an activityprohibited by§§ 922.163 or 922.164 may conduct the activitywithout being in violation of applicable provisions of§§ 922.163 or 922.164, pending final agency actionon his or her certification request, provided the holderis in compliance with this § 922.167.

(c) Any holder of an authorization or right de-scribed in paragraph (a) above may request theDirector to issue a finding as to whether the activityfor which the authorization has been issued, or theright given, is prohibited by §§ 922.163 or 922.164,thus requiring certification under this section.

(d) Requests for findings or certifications shouldbe addressed to the Director, Office of Ocean andCoastal Resource Management; ATTN: SanctuarySuperintendent, Florida Keys National MarineSanctuary, P.O. Box 500368, Marathon, FL 33050.A copy of the lease, permit, license, approval, orother authorization must accompany the request.

(e) The Director may request additional informa-tion from the certification requester as he or shedeems reasonably necessary to condition appropri-ately the exercise of the certified authorization orright to achieve the purposes for which the Sanctuarywas designated. The information requested must bereceived by the Director within 45 days of the post-mark date of the request. The Director may seek theviews of any persons on the certification request.

(f) The Director may amend any certificationmade under this§ 922.167 whenever additional information becomesavailable justifying such an amendment.

(g) Upon completion of review of the authoriza-tion or right and information received with respectthereto, the Director shall communicate, in writing,any decision on a certification request or any actiontaken with respect to any certification made underthis § 922.167, in writing, to both the holder of thecertified lease, permit, license, approval, otherauthorization, or right, and the issuing agency, andshall set forth the reason(s) for the decision or actiontaken.

(h) Any time limit prescribed in or establishedunder this§ 922.167 may be extended by the Director for goodcause.

(i) The holder may appeal any action condition-ing, amending, suspending, or revoking any certifica-tion in accordance with the procedures set forth in §922.50.

(j) Any amendment, renewal, or extension madeafter [insert the effective date of these regulations], toa lease, permit, license, approval, other authorizationor right is subject to the provisions of § 922.168.

§ 922.168 Notification and review of applicationsfor leases, licenses, permits, approvals, or otherauthorizations to conduct a prohibited activity.

(a) A person may conduct an activity prohibitedby§§ 922.163 or 922.164 if such activity is specificallyauthorized by any valid Federal, State, or local lease,permit, license, approval, or other authorizationissued after [insert effective date of these regula-tions], provided that: 1) the applicant notifies theDirector, in writing, of the application for such authori-zation (and of any application for an amendment,renewal, or extension of such authorization) withinfifteen (15) days of the date of filing of the application


129

or [insert the effective date of these regulations],whichever is later; 2) the applicant complies with theother provisions of this § 922.168; 3) the Directornotifies the applicant and authorizing agency that heor she does not object to issuance of the authoriza-tion (or amendment, renewal, or extension); and 4)the applicant complies with any terms and conditionsthe Director deems reasonably necessary to protectSanctuary resources and qualities.

(b) Any potential applicant for an authorizationdescribed in paragraph (a) above may request theDirector to issue a finding as to whether the activityfor which an application is intended to be made isprohibited by §§ 922.163 or 922.164.

(c) Notification of filings of applications should beaddressed to the Director, Office of Ocean andCoastal Resource Management; ATTN: SanctuarySuperintendent, Florida Keys National MarineSanctuary, P.O. Box 500368, Marathon, FL 33050.A copy of the application must accompany thenotification.

(d) The Director may request additional informa-tion from the applicant as he or she deems reason-ably necessary to determine whether to object toissuance of an authorization described in paragraph(a) above, or what terms and conditions are reason-ably necessary to protect Sanctuary resources andqualities. The information requested must be re-ceived by the Director within 45 days of the postmarkdate of the request. The Director may seek the viewsof any persons on the application.

(e) The Director shall notify, in writing, theagency to which application has been made of his orher pending review of the application and possibleobjection to issuance. Upon completion of review ofthe application and information received with respectthereto, the Director shall notify both the agency andapplicant, in writing, whether he or she has anobjection to issuance and what terms and conditionshe or she deems reasonably necessary to protectSanctuary resources and qualities, and reasonstherefor.

(f) The Director may amend the terms andconditions deemed reasonably necessary to protectSanctuary resources and qualities whenever addi-tional information becomes available justifying suchan amendment.

(g) Any time limit prescribed in or establishedunder this § 922.168 may be extended by the Direc-tor for good cause.

(h) The applicant may appeal any objection by,or terms or conditions imposed by, the Director to theAssistant Administrator or designee in accordancewith the provisions of§ 922.50.

§ 922.50 Appeals of administrative action.

(a)(1) Except for permit actions taken for enforce-ment reasons (see subpart D of 15 CFR part 904 forapplicable procedures), an applicant for, or a holderof, a National Marine Sanctuary permit, or SpecialUse permit pursuant to section 310 of the Act; aperson requesting certification of an existing lease,permit, license or right of subsistence use or accessunder § 922.47; or, for those Sanctuaries describedin subparts L through P, an applicant for a lease,permit, license or other authorization issued by anyFederal, State, or local authority of competentjurisdiction (hereinafter appellant) may appeal to theAssistant Administrator:

(i) The granting, denial, conditioning, amend-ment, suspension, or revocation by the Director of aNational Marine Sanctuary or Special Use permit;

(ii) The conditioning, amendment, suspension, orrevocation of a certification under § 922.47; or

(iii) For those Sanctuaries described in subpartsL through P, the objection to issuance of or theimposition of terms and conditions on a lease, permit,license, or other authorization issued by any Federal,State, or local authority of competent jurisdiction.

(2) For those National Marine Sanctuariesdescribed in subparts F through K, any interestedperson may also appeal the same actions describedin paragraphs (a)(1)(i) and (ii) of this section. Forappeals arising from actions taken with respect tothese National Marine Sanctuaries, the term “appel-lant” includes any such interested persons.

(b) An appeal under paragraph (a) of this sectionmust be in writing, state the action(s) by the Directorappealed and the reason(s) for the appeal, and bereceived within 30 days of receipt of notice of theaction by the Director. Appeals should be addressedto the Assistant Administrator, Office of Ocean andCoastal Resource Management, ATTN: Sanctuariesand Reserves Division, Office of Ocean and CoastalResource Management, National Ocean Service,National Oceanic and Atmospheric Administration,1305 East-West Highway, Silver Spring, MD 20910.

(c) While the appeal is pending, appellants maynot conduct their activities without being subject tothe prohibitions in §§ 922.163 and 922.164.


130

(d)(1) The Assistant Administrator may requestthe appellant to submit such information as theAssistant Administrator deems reasonably necessaryin order for him or her to decide the appeal. Theinformation requested must be received by theAssistant Administrator within 45 days of the post-mark date of the request. The Assistant Administratormay seek the views of any other persons. For theMonitor National Marine Sanctuary, if the appellanthas requested a hearing, the Assistant Administratorshall grant an informal hearing. For all other NationalMarine Sanctuaries, the Assistant Administrator maydetermine whether to hold an informal hearing on theappeal. If the Assistant Administrator determines thatan informal hearing should be held, the AssistantAdministrator may designate an officer before whomthe hearing shall be held.

(2) The hearing officer shall give notice in theFederal Register of the time, place, and subjectmatter of the hearing. The appellant and the Directormay appear personally or by counsel at the hearingand submit such material and present such argu-ments as deemed appropriate by the hearing officer.Within 60 days after the record before the hearingofficer closes, the hearing officer shall recommend adecision in writing to the Assistant Administrator.

(e) The Assistant Administrator shall decide theappeal using the same regulatory criteria as for theinitial decision and shall base the appeal decision onthe record before the Director and any informationsubmitted regarding the appeal, and if a hearing hasbeen held, on the record before the hearing officerand the hearing officer’s recommended decision. TheAssistant Administrator shall notify the appellant ofthe final decision and the reason(s) therefore inwriting. The Assistant Administrator’s decision shallconstitute final agency action for purposes of theAdministrative Procedure Act.

(f) Any time limit prescribed in or establishedunder this section other than the 30-day limit for filingan appeal may be extended by the Assistant Admin-istrator or hearing officer for good cause.

Appendix I to Part 922, Subpart P—Florida KeysNational Marine Sanctuary boundary coordinates

(Appendix based on North American Datum of 1983)

The boundary of the Florida Keys National MarineSanctuary—

(a) begins at the northeasternmost point ofBiscayne National Park located at approximately 25

degrees 39 minutes north latitude, 80 degrees 5minutes west longitude, then runs eastward to the300-foot isobath located at approximately 25 degrees39 minutes north latitude, 80 degrees 4 minutes westlongitude;

(b) then runs southward and connects in succes-sion the points at the following coordinates:

(i) 25 degrees 34 minutes north latitude, 80degrees 4 minutes west longitude,

(ii) 25 degrees 28 minutes north latitude, 80degrees 5 minutes west longitude, and

(iii) 25 degrees 21 minutes north latitude, 80degrees 7 minutes west longitude;

(iv) 25 degrees 16 minutes north latitude, 80degrees 8 minutes west longitude;

(c) then runs southwesterly approximating the300-foot isobath and connects in succession thepoints at the following coordinates:

(i) 25 degrees 7 minutes north latitude, 80degrees 13 minutes west longitude,

(ii) 24 degrees 57 minutes north latitude, 80degrees 21 minutes west longitude,

(iii) 24 degrees 39 minutes north latitude, 80degrees 52 minutes west longitude,

(iv) 24 degrees 30 minutes north latitude, 81degrees 23 minutes west longitude,

(v) 24 degrees 25 minutes north latitude, 81degrees 50 minutes west longitude,

(vi) 24 degrees 22 minutes north latitude, 82degrees 48 minutes west longitude,

(vii) 24 degrees 37 minutes north latitude, 83degrees 6 minutes west longitude,

(viii) 24 degrees 40 minutes north latitude, 83degrees 6 minutes west longitude,

(ix) 24 degrees 46 minutes north latitude, 82degrees 54 minutes west longitude,

(x) 24 degrees 44 minutes north latitude, 81degrees 55 minutes west longitude,

(xi) 24 degrees 51 minutes north latitude, 81degrees 26 minutes west longitude, and


131

(xii) 24 degrees 55 minutes north latitude, 80degrees 56 minutes west longitude;

(d) then follows the boundary of EvergladesNational Park in a southerly then northeasterlydirection through Florida Bay, Buttonwood Sound,Tarpon Basin, and Blackwater Sound;

(e) after Division Point, then departs from theboundary of Everglades National Park and followsthe western shoreline of Manatee Bay, BarnesSound, and Card Sound;

(f) then follows the southern boundary ofBiscayne National Park to the southeasternmostpoint of Biscayne National Park; and

(g) then follows the eastern boundary ofBiscayne National Park to the beginning pointspecified in paragraph (a).

Appendix II to Part 922, Subpart P—ExistingManagement Areas boundary coordinates

The Existing Management Areas are located withinthe following geographic boundary coordinates:

National Oceanic and Atmospheric Administration,Preexisting National Marine Sanctuaries:

Key Largo Management Area (Key Largo NationalMarine Sanctuary):

Point Latitude Longitude

1......................... 25°19.45’N 80°12.00’W2......................... 25°16.02’N 80°08.07’W3......................... 25°07.05’N 80°12.05’W4......................... 24°58.03’N 80°19.08’W5......................... 25°02.02’N 80°25.25’W

Looe Key Management Area (Looe Key NationalMarine Sanctuary):


1......................... 24°31.37’N 81°26.00’W2......................... 24°33.34’N 81°26.00’W3......................... 24°34.09’N 81°23.00’W4......................... 24°32.12’N 81°23.00’W

United States Fish and Wildlife Service:

Great White Heron National Wildlife Refuge(based on the North American Datum of 1983)


1......................... 24°43.8’N 81°48.6’W2......................... 24°43.8’N 81°37.2’W3......................... 24°49.2’N 81°37.2’W4......................... 24°49.2’N 81°19.8’W5......................... 24°48.0’N 81°19.8’W6......................... 24°48.0’N 81°14.4’W7......................... 24°49.2’N 81°14.4’W8......................... 24°49.2’N 81°08.4’W9......................... 24°43.8’N 81°08.4’W10........................ 24°43.8’N 81°14.4’W11........................ 24°43.2’N 81°14.4’W12........................ 24°43.2’N 81°16.2’W13........................ 24°42.6’N 81°16.2’W14........................ 24°42.6’N 81°21.0’W15........................ 24°41.4’N 81°21.0’W16........................ 24°41.4’N 81°22.2’W17........................ 24°43.2’N 81°22.2’W18........................ 24°43.2’N 81°22.8’W19........................ 24°43.8’N 81°22.8’W20........................ 24°43.8’N 81°24.0’W21........................ 24°43.2’N 81°24.0’W22........................ 24°43.2’N 81°26.4’W23........................ 24°43.8’N 81°26.4’W24........................ 24°43.8’N 81°27.0’W25........................ 24°43.2’N 81°27.0’W26........................ 24°43.2’N 81°29.4’W27........................ 24°42.6’N 81°29.4’W28........................ 24°42.6’N 81°30.6’W29........................ 24°41.4’N 81°30.6’W30........................ 24°41.4’N 81°31.2’W31........................ 24°40.8’N 81°31.2’W32........................ 24°40.8’N 81°32.4’W33........................ 24°41.4’N 81°32.4’W34........................ 24°41.4’N 81°34.2’W35........................ 24°40.8’N 81°34.2’W36........................ 24°48.0’N 81°35.4’W37........................ 24°39.6’N 81°35.4’W38........................ 24°39.6’N 81°36.0’W39........................ 24°39.0’N 81°36.0’W40........................ 24°39.0’N 81°37.2’W41........................ 24°37.8’N 81°37.2’W42........................ 24°37.8’N 81°37.8’W43........................ 24°37.2’N 81°37.8’W44........................ 24°37.2’N 81°40.2’W45........................ 24°36.0’N 81°40.2’W46........................ 24°36.0’N 81°40.8’W47........................ 24°35.4’N 81°40.8’W48........................ 24°35.4’N 81°42.0’W49........................ 24°36.0’N 81°42.0’W50........................ 24°36.0’N 81°48.6’W


132

Key West National Wildlife Refuge


1......................... 24°40’N 81°49’W2......................... 24°40’N 82°10’W3......................... 24°27’N 82°10’W4......................... 24°27’N 81°49’W

When differential Global Positioning Systems databecomes available, these coordinates may berevised by Federal Register notice to reflect theincreased accuracy of such data.

Appendix III to Part 922, Subpart P—WildlifeManagement Areas access restrictions

Area Access Restrictions

Bay Keys No-motor zone (300 feet)around one key; idle speedonly/no-wake zones in tidalcreeks

Boca Grande Key South one-half of beachclosed (beach above meanhigh water closed by Department of Interior)

Woman Key One-half of beach and sandspit on southeast side closed(beach and sand spit abovemean high water closed byDepartment of Interior)

Cayo Agua Keys Idle speed only/no-wakezones in all navigable tidalcreeks

Cotton Key No-motor zone on tidal flat

Snake Creek No-motor zone on tidal flat

Cottrell Key No-motor zone (300 feet)around entire key

Little Mullet Key No-access buffer zone (300feet) around entire key

Big Mullet Key No-motor zone (300 feet)around entire key

Crocodile Lake No-access buffer zone (100feet) along shoreline be-tween March 1 and October 1

East Harbor Key No-access buffer zone (300feet) around northernmostisland

Lower Harbor Keys Idle speed only/no-wake zonesin selected tidal creeks

Eastern Lake Idle speed only/no-wake zone Surprise east of highway U.S. 1

Horseshoe Key No-access buffer zone (300feet) around main island (mainisland closed by Department ofInterior)

Marquesas Keys (i) No-motor zones (300 feet)around three smallest keys onwestern side of chain; (ii) no-access buffer zone (300 feet)around one island at westernside of chain; (iii) idle speedonly/no-wake zone in southwest tidal creek

Tidal flat No-access buffer zone on tidal south of Marvin Key flat

Mud Keys (i) Idle speed only/no-wakezones in the two main tidalcreeks; (ii) two smaller creekson west side closed

Pelican Shoal No-access buffer zone out to50 meters from shore betweenApril 1 and August 31 (shoalclosed by the Florida Gameand Freshwater Fish Commission)

Rodriguez Key No-motor zone on tidal flats

Dove Key No-motor zone on tidal flats;area around the two smallislands closed

Tavernier Key No-motor zone on tidal flats

Sawyer Keys Tidal creeks on south sideclosed

Snipe Keys (i) Idle speed only/no-wakezone in main tidal creek; (ii)no-motor zone in all other tidalcreeks


133

Upper Harbor Key No-access buffer zone (300feet) around entire key

East Content Keys Idle speed only/no-wake zonesin tidal creeks betweensouthwesternmost keys

West Content Keys Idle speed only/no-wake zonesin selected tidal creeks; no-access buffer zone in one cove

Little Crane Key No-access buffer zone (300feet) around entire key

Appendix IV to Part 922, Subpart P—EcologicalReserves boundary coordinates

One Ecological Reserve—the Western SambosEcological Reserve—is designated in the area ofWestern Sambos reef. NOAA has committed todesignating a second Ecological Reserve within twoyears from issuance of this plan in the area of the DryTortugas. The establishment of a Dry TortugasEcological Reserve will be proposed by a notice ofproposed rulemaking with a proposed boundarydetermined through a joint effort among the Sanctu-ary, and the National Park Service, pursuant to apublic process involving a team consisting of manag-ers, scientists, conservationists, and affected usergroups.

The Western Sambos Ecological Reserve (based onNorth American Datum of 1983, aerial photos, charts,and Geographic Information Systems data) is locatedwithin the following geographic boundary coordi-nates:

WESTERN SAMBOS


1......................... 24°33.70’N 81°40.80’W2......................... 24°28.70’N 81°41.90’W3......................... 24°28.50’N 81°43.70’W4......................... 24°33.50’N 81°43.10’W

When differential Global Positioning Systems databecomes available, these coordinates may berevised by Federal Register notice to reflect theincreased accuracy of such data.

Appendix V to Part 922, Subpart P—SanctuaryPreservation Areas boundary coordinates

The Sanctuary Preservation Areas (SPAs) (based onNorth American Datum of 1983, aerial photos, charts,and Geographic Information Systems data) arelocated within the following geographic boundarycoordinates:

ALLIGATOR REEF


1......................... 24°50.8’N 80°36.8’W2......................... 24°50.4’N 80°37.3’W3......................... 24°50.7’N 80°37.6’W4......................... 24°51.1’N 80°37.5’W

Catch and release fishing by trolling only is allowed inthis SPA.

CARYSFORT/SOUTH CARYSFORT REEF


1......................... 25°13.6’N 80°12.2’W2......................... 25°11.9’N 80°12.8’W3......................... 25°12.2’N 80°13.8’W4......................... 25°14.0’N 80°12.7’W

CHEECA ROCKS


1......................... 24°54.6’N 80°37.6’W2......................... 24°54.3’N 80°37.5’W3......................... 24°54.2’N 80°37.7’W4......................... 24°54.5’N 80°37.8’W

COFFINS PATCH


1......................... 24°41.5’N 80°57.7’W2......................... 24°41.1’N 80°57.5’W3......................... 24°40.6’N 80°58.4’W4......................... 24°41.1’N 80°58.6’W

CONCH REEF


1......................... 24°57.5’N 80˚27.4’W2......................... 24°57.4’N 80˚27.3’W3......................... 24°57.0’N 80˚27.7’W4......................... 24°56.9’N 80˚27.6’W


134


DAVIS REEF


1......................... 24°55.6’N 80°30.3’W2......................... 24°55.3’N 80°30.0’W3......................... 24°55.1’N 80°30.4’W4......................... 24°55.4’N 80°30.7’W

DRY ROCKS


1......................... 25°7.6’N 80°17.9’W2......................... 25°7.4’N 80°17.7’W3......................... 25°7.3’N 80°17.8’W4......................... 25°7.4’N 80°18.1’W

GRECIAN ROCKS


1......................... 25°6.9’N 80°18.2’W2......................... 25°6.6’N 80°17.9’W3......................... 25°6.1’N 80°18.5’W4......................... 25°6.2’N 80°18.6’W5......................... 25°6.8’N 80°18.6’W

EASTERN DRY ROCKS


1......................... 24°27.9’N 81°50.5’W2......................... 24°27.7’N 81°50.4’W3......................... 24°27.5’N 81°50.6’W4......................... 24°27.7’N 81°50.8’W

THE ELBOW


1......................... 25°9.1’N 80°15.4’W2......................... 25°8.9’N 80°15.1’W3......................... 25°8.1’N 80°15.7’W4......................... 25°8.8’N 80°15.7’W

FRENCH REEF


1......................... 25°2.2’N 80°20.6’W2......................... 25°1.8’N 80°21.0’W3......................... 25°2.3’N 80°21.2’W

HEN AND CHICKENS


1......................... 24°56.4’N 80°32.9’W2......................... 24°56.2’N 80°32.7’W3......................... 24°55.7’N 80°33.1’W4......................... 24°55.9’N 80°33.3’W

LOOE KEY


1......................... 24°33.2’N 81°24.2’W2......................... 24°32.6’N 81°24.8’W3......................... 24°32.5’N 81°24.7’W4......................... 24°33.1’N 81°24.8’W

MOLASSES REEF


1......................... 25°0.9’N 80°22.4’W2......................... 25°0.7’N 80°22.0’W3......................... 25°0.2’N 80°22.8’W4......................... 25°0.7’N 80°22.8’W

NEWFOUND HARBOR KEY


1......................... 24°37.1’N 81°23.3’W2......................... 24°36.7’N 81°23.8’W3......................... 24°36.8’N 81°23.3’W4......................... 24°36.9’N 81°23.9’W

ROCK KEY


1......................... 24°27.5’N 81°51.3’W2......................... 24°27.3’N 81°51.2’W3......................... 24°27.2’N 81°51.5’W4......................... 24°27.5’N 81°51.6’W

SAND KEY


1......................... 24°27.6’N 81°53.1’W2......................... 24°27.0’N 81°53.1’W3......................... 24°27.0’N 81°52.3’W4......................... 24°27.6’N 81°52.3’W



135

SOMBRERO KEY


1......................... 24°37.9’N 81°6.8’W2......................... 24°37.4’N 81°6.1’W3......................... 24°37.2’N 81°7.0’W


When differential Global Positioning Systems databecomes available, the coordinates for all theseareas may be revised by Federal Register notice toreflect the increased accuracy of such data.

Appendix VI to Part 922, Subpart P—Special-useAreas boundary coordinates and use designa-tions

The Special-use Areas (based on North AmericanDatum of 1983) are located within the followinggeographic boundary coordinates:

CONCH REEF (RESEARCH ONLY)


1......................... 24°56.8’N 80°27.2’W2......................... 24°57.0’N 80°27.0’W3......................... 24°57.2’N 80°27.5’W4......................... 24°57.5’N 80°27.4’W

EASTERN SAMBOS (RESEARCH ONLY)


1......................... 24°29.4’N 81°39.3’W2......................... 24°29.7’N 81°40.2’W3......................... 24°29.5’N 81°39.6’W4......................... 24°29.8’N 81°39.7’W

LOOE KEY (RESEARCH ONLY)


1......................... 24°34.1’N 81°23.3’W2......................... 24°34.0’N 81°23.2’W3......................... 24°33.8’N 81°23.8’W4......................... 24°34.0’N 81°23.9’W

TENNESSEE REEF (RESEARCH ONLY)


1......................... 24°45.9’N 80°45.6’W

2......................... 24°45.7’N 80°45.4’W3......................... 24°46.0’N 80°44.9’W4......................... 24°46.2’N 80°45.1’W

Appendix VII to Part 922, Subpart P—Areas To BeAvoided boundary coordinates

IN THE VICINITY OF THE FLORIDA KEYS

(Reference Charts: United States 11466, 27th Edition-September 1, 1990 and United States 11450, 4thEdition -August 11, 1990.)


1......................... 25°45.00’N 80°06.10’W2......................... 25°38.70’N 80°02.70’W3......................... 25°22.00’N 80°03.00’W4......................... 25°00.20’N 80°13.40’W5......................... 24°37.90’N 80°47.30’W6......................... 24°29.20’N 81°17.30’W7......................... 24°22.30’N 81°43.17’W8......................... 24°28.00’N 81°43.17’W9......................... 24°28.70’N 81°43.50’W10........................ 24°29.80’N 81°43.17’W11........................ 24°33.10’N 81°35.15’W12........................ 24°33.60’N 81°26.00’W13........................ 24°38.20’N 81°07.00’W14........................ 24°43.20’N 80°53.20’W15........................ 24°46.10’N 80°46.15’W16........................ 24°51.10’N 80°37.10’W17........................ 24°57.50’N 80°27.50’W18........................ 25°09.90’N 80°16.20’W19........................ 25°24.00’N 80°09.10’W20........................ 25°31.50’N 80°07.00’W21........................ 25°39.70’N 80°06.85’W22........................ 25°45.00’N 80°06.10’W

IN THE VICINITY OF KEY WEST HARBOR

(Reference Chart: United States 11434, 21st Edition -August 11, 1990.)


23........................ 24°27.95’N 81°48.65’W24........................ 24°23.00’N 81°53.50’W25........................ 24°26.60’N 81°58.50’W26........................ 24°27.75’N 81°55.70’W27........................ 24°29.35’N 81°53.40’W28........................ 24°29.35’N 81°50.00’W29........................ 24°27.95’N 81°48.65’W


136

AREA SURROUNDING THEMARQUESAS KEYS



30........................ 24°26.60’N 81°59.55’W31........................ 24°23.00’N 82°03.50’W32........................ 24°23.60’N 82°27.80’W33........................ 24°34.50’N 82°37.50’W34........................ 24°43.00’N 82°26.50’W35........................ 24°38.31’N 81°54.06’W36........................ 24°37.91’N 81°53.40’W37........................ 24°36.15’N 81°51.78’W38........................ 24°34.40’N 81°50.60’W39........................ 24°33.44’N 81°49.73’W40........................ 24°31.20’N 81°52.10’W41........................ 24°28.70’N 81°56.80’W42........................ 24°26.60’N 81°59.55’W

AREA SURROUNDING THEDRY TORTUGAS ISLANDS



43........................ 24°32.00’N 82°53.50’W44........................ 24°32.00’N 83°00.05’W45........................ 24°39.70’N 83°00.05’W46........................ 24°45.60’N 82°54.40’W47........................ 24°45.60’N 82°47.20’W48........................ 24°42.80’N 82°43.90’W49........................ 24°39.50’N 82°43.90’W50........................ 24°35.60’N 82°46.40’W51........................ 24°32.00’N 82°53.50’W

Appendix VIII to Part 929-Marine Life Rule [asexcerpted from Chapter 46-42 of the Florida Adminis-trative Code]

46-42.001 Purpose and Intent; Designation ofRestricted Species; Definition of “Marine Life Spe-cies.”

46-42.002 Definitions.

46-42.003 Prohibition of Harvest: Longspine Urchin,Bahama Starfish.

46-42.0035 Live Landing and Live Well Require-ments.

46-42.0036 Harvest in Biscayne National Park.*

46-42.004 Size Limits.

46-42.005 Bag Limits.

46-42.006 Commercial Season, Harvest Limits.

46-42.007 Gear Specifications and Prohibited Gear.

46-42.008 Live Rock.*

46-42.009 Prohibition on the Taking, Destruction, orSale of Marine Corals and Sea Fans.

*- Part 42.0036 was not reproduced because it doesnot apply to the Sanctuary.

*- Part 42.008 was not reproduced because it isregulated pursuant to this Part 922.163(2)(ii).

46-42.001 Purpose and Intent; Designation ofRestricted Species; Definition of “Marine Life Spe-cies”.--

(1)(a) The purpose and intent of this chapter areto protect and conserve Florida’s tropical marine liferesources and assure the continuing health andabundance of these species. The further intent ofthis chapter is to assure that harvesters in this fisheryuse nonlethal methods of harvest and that the fish,invertebrates, and plants so harvested be maintainedalive for the maximum possible conservation andeconomic benefits.

(b) It is the express intent of the Marine Fisher-ies Commission that landing of live rock propagatedthrough aquaculture will be allowed pursuant to theprovisions of this chapter.

(2) The following fish species, as they occur inwaters of the state and in federal Exclusive EconomicZone (EEZ) waters adjacent to state waters, arehereby designated as restricted species pursuant toSection 370.01(20),Florida Statutes:

(a) Moray eels - Any species of the FamilyMuraenidae.

(b) Snake eels - Any species of the GeneraMyrichthys and Myrophis of the Family Ophichthidae.

(c) Toadfish - Any species of the FamilyBatrachoididae.

(d) Frogfish - Any species of the FamilyAntennariidae.


137

(e) Batfish - Any species of the FamilyOgcocephalidae.

(f) Clingfish - Any species of the FamilyGobiesocidae.

(g) Trumpetfish - Any species of the FamilyAulostomidae.

(h) Cornetfish - Any species of the FamilyFistulariidae.

(i) Pipefish/seahorses - Any species of theFamily Syngnathidae.

(j) Hamlet/seabass - Any species of the FamilySerranidae, except groupers of the generaEpinephalus and Mycteroperca, and seabass of thegenus Centropristis.

(k) Basslets - Any species of the FamilyGrammistidae.

(l) Cardinalfish - Any species of the FamilyApogonidae.

(m) High-hat, Jackknife-fish, Spotted drum,Cubbyu - Any species of the genus Equetus of theFamily Sciaenidae.

(n) Reef Croakers - Any of the speciesOdontocion dentex.

(o) Sweepers - Any species of the FamilyPempherididae.

(p) Butterflyfish - Any species of the FamilyChaetodontidae.

(q) Angelfish - Any species of the FamilyPomacanthidae.

(r) Damselfish - Any species of the FamilyPomacentridae.

(s) Hawkfish - Any species of the FamilyCirrhitidae.

(t) Wrasse/hogfish/razorfish - Any species of theFamily Labridae, except hogfish, Lachnolaimusmaximus.

(u) Parrotfish - Any species of the FamilyScaridae.

(v) Jawfish - Any species of the FamilyOpistognathidae.

(w) Blennies - Any species of the FamiliesClinidae or Blenniidae.

(x) Sleepers - Any species of the FamilyEleotrididae.

(y) Gobies - Any species of the Family Gobiidae.

(z) Tangs and surgeonfish - Any species of theFamily Acanthuridae.

(aa) Filefish/triggerfish - Any species of theFamily Balistes, except gray triggerfish, Balistidaecapriscus.

(bb) Trunkfish/cowfish - Any species of theFamily Ostraciidae.

(cc) Pufferfish/burrfish/balloonfish - Any of thefollowing species:

1. Balloonfish - Diodon holocanthus.

2. Sharpnose puffer - Canthigaster rostrata.

3. Striped burrfish - Chilomycterus schoepfi.

(3) The following invertebrate species, as theyoccur in waters of the state and in federal ExclusiveEconomic Zone (EEZ) waters adjacent to statewaters, are hereby designated as restricted speciespursuant to Section 370.01(20), Florida Statutes:

(a) Sponges - Any species of the ClassDemospongia, except sheepswool, yellow, grass,glove, finger, wire, reef, and velvet sponges, OrderDictyoceratida.

(b) Upside-down jellyfish - Any species of theGenus Cassiopeia.

(c) Siphonophores/hydroids - Any species of theClass Hydrozoa, except fire corals, Order Milleporina.

(d) Soft corals - Any species of the SubclassOctocorallia, except sea fans Gorgonia flabellum andGorgonia ventalina.

(e) Sea anemones - Any species of the OrdersActinaria, Zoanthidea, Corallimorpharia, andCeriantharia.

(f) Featherduster worms/calcareous tubeworms -Any species of the Families Sabellidae andSerpulidae.


138

(g) Star-shells - Any of the species Astraeaamericana or Astraea phoebia.

(h) Nudibranchs/sea slugs - Any species of theSubclass Opisthobranchia.

(i) Fileclams - Any species of the Genus Lima.

(j) Octopods - Any species of the OrderOctopoda, except the common octopus, Octopodusvulgaris.

(k) Shrimp - Any of the following species:

1. Cleaner shrimp and peppermint shrimp - Anyspecies of the Genera Periclimenes or Lysmata.

2. Coral shrimp - Any species of the GenusStenopus.

3. Snapping shrimp - Any species of the GenusAlpheus.

(l) Crabs - Any of the following species:

1. Yellowline arrow crab - Stenorhynchusseticornis.

2. Furcate spider or decorator crab -Stenocionops furcata.

3. Thinstripe hermit crab - Clibanarius vittatus.

4. Polkadotted hermit crab - Phimochirusoperculatus.

5. Spotted porcelain crab - Porcellana sayana.

6. Nimble spray or urchin crab - Percnongibbesi.

7. False arrow crab - Metoporhaphis calcarata.

(m) Starfish - Any species of the ClassAsteroidea, except the Bahama starfish, Oreasterreticulatus.

(n) Brittlestars - Any species of the ClassOphiuroidea.

(o) Sea urchins - Any species of the ClassEchinoidea, except longspine urchin, Diademaantillarum, and sand dollars and sea biscuits, OrderClypeasteroida.

(p) Sea cucumbers - Any species of the ClassHolothuroidea.

(q) Sea lillies - Any species of the ClassCrinoidea.

(4) The following species of plants, as theyoccur in waters of the state and in federal ExclusiveEconomic Zone (EEZ) waters adjacent to statewaters, are hereby designated as restricted speciespursuant to Section 370.01(20), Florida Statutes:

(a) Caulerpa - Any species of the FamilyCaulerpaceae.

(b) Halimeda/mermaid’s fan/mermaid’s shavingbrush - Any species of the Family Halimedaceae.

(c) Coralline red algae - Any species of theFamily Corallinaceae.

(5) For the purposes of Section 370.06(2)(d),Florida Statutes, the term “marine life species” isdefined to mean those species designated as re-stricted species in subsections (2), (3), and (4) of thisrule.

Specific Authority 370.01(20), 370.027(2),370.06(2)(d), F.S. Law Implemented 370.01(20),370.025, 370.027, 370.06(2)(d), F.S. History -- New1-1-91, Amended 7-1-92, 1-1-95.

46-42.002 Definitions.-- As used in this rule chapter:

(1) “Barrier net,” also known as a “fence net,”means a seine used beneath the surface of the waterby a diver to enclose and concentrate tropical fishand which may be made of either nylon ormonofilament.

(2) “Drop net” means a small, usually circular,net with weights attached along the outer edge and asingle float in the center, used by a diver to encloseand concentrate tropical fish.

(3) “Hand held net” means a landing or dip netas defined in Rule 46-4.002(4), except that a portionof the bag may be constructed of clear plasticmaterial, rather than mesh.

(4) “Harvest” means the catching or taking of amarine organism by any means whatsoever, followedby a reduction of such organism to possession.Marine organisms that are caught but immediatelyreturned to the water free, alive, and unharmed arenot harvested. In addition, temporary possession ofa marine animal for the purpose of measuring it todetermine compliance with the minimum or maximumsize requirements of this chapter shall not constitute


139

harvesting such animal, provided that it is measuredimmediately after taking, and immediately returned tothe water free, alive, and unharmed if undersize oroversize.

(5) “Harvest for commercial purposes” meansthe taking or harvesting of any tropical ornamentalmarine life species or tropical ornamental marineplant for purposes of sale or with intent to sell. Theharvest of tropical ornamental marine life species ortropical ornamental marine plants in excess of thebag limit shall constitute prima facie evidence ofintent to sell.

(6) “Land,” when used in connection with theharvest of marine organisms, means the physical actof bringing the harvested organism ashore.

(7) “Live rock” means rock with living marineorganisms attached to it.

(8) “Octocoral” means any erect, nonencrustingspecies of the Subclass Octocorallia, except thespecies Gorgonia flabellum and Gorgonia ventalina.

(9) “Slurp gun” means a self-contained,handheld device that captures tropical fish by rapidlydrawing seawater containing such fish into a closedchamber.

(10) “Total length” means the length of a fish asmeasured from the tip of the snout to the tip of thetail.

(11) “Trawl” means a net in the form of anelongated bag with the mouth kept open by variousmeans and fished by being towed or dragged on thebottom.

“Roller frame trawl” means a trawl with all of thefollowing features and specifications:

(a) A rectangular rigid frame to keep the mouthof the trawl open while being towed.

(b) The lower horizontal beam of the frame hasrollers to allow the trawl to roll over the bottom andany obstructions while being towed.

(c) The trawl opening is shielded by a grid ofvertical bars spaced no more than 3 inches apart.

(d) The trawl is towed by attaching a line ortowing cable to a tongue located above or at thecenter of the upper horizontal beam of the frame.

(e) The trawl has no doors attached to keep themouth of the trawl open.

(12) “Tropical fish” means any species includedin subsection (2) of Rule 46-42.001, or any partthereof.

(13) “Tropical ornamental marine life species”means any species included in subsections (2) or (3)of Rule 46-42.001, or any part thereof.

(14) “Tropical ornamental marine plant” meansany species included in subsection (4) of Rule46-42.001.

Specific Authority 370.027(2), F.S. Law Implemented370.025, 370.027, F.S. History -- New 1-1-91,Amended 7-1-92, 1-1-95.

46-42.003 Prohibition of Harvest: Longspine Urchin,Bahama Starfish.-- No person shall harvest, possesswhile in or on the waters of the state, or land any ofthe following species:

(1) Longspine urchin, Diadema antillarum.

(2) Bahama starfish, Oreaster reticulatus.

Specific Authority 370.027(2), F.S. Law Implemented370.025, 370.027, F.S. History -- New 1-1-91,Amended 7-1-92.

46-42.0035 Live Landing and Live Well Require-ments.--

(1) Each person harvesting any tropical orna-mental marine life species or any tropical ornamentalmarine plant shall land such marine organism alive.

(2) Each person harvesting any tropical orna-mental marine life species or any tropical ornamentalmarine plant shall have aboard the vessel being usedfor such harvest a continuously circulating live well oraeration or oxygenation system of adequate size andcapacity to maintain such harvested marine organ-isms in a healthy condition.

Specific Authority 370.027(2), F.S. Law Imple-mented 370.025, 370.027, F.S. History -- New7-1-92.

46-42.004 Size Limits.--

(1) Angelfishes.-

(a) No person harvesting for commercial pur-poses shall harvest, possess while in or on the


140

waters of the state, or land any of the followingspecies of angelfish, of total length less than that setforth below:

1. One-and-one-half (1 1/2) inches for:

a. Gray angelfish (Pomacanthus arcuatus).

b. French angelfish (Pomacanthus paru).

2. One-and-three-quarters (1 3/4) inches for:

a. Blue angelfish (Holacanthus bermudensis).

b. Queen angelfish (Holacanthus ciliaris).

3. Two (2) inches for rock beauty (Holacanthustricolor).

(b) No person shall harvest, possess while in oron the waters of the state, or land any angelfish(Family Pomacanthidae), of total length greater thanthat specified below:

1. Eight (8) inches for angelfish, except rockbeauty (Holacanthus tricolor).

2. Five (5) inches for rock beauty.

(c) Except as provided herein, no person shallpurchase, sell, or exchange any angelfish smallerthan the limits specified in paragraph (a) or largerthan the limits specified in paragraph (b). Thisprohibition shall not apply to angelfish legally har-vested outside of state waters or federal ExclusiveEconomic Zone (EEZ) waters adjacent to statewaters, which angelfish are entering Florida ininterstate or international commerce. The burdenshall be upon any person possessing such angelfishfor sale or exchange to establish the chain of posses-sion from the initial transaction after harvest, byappropriate receipt(s), bill(s) of sale, or bill(s) oflading, and any customs receipts, and to show thatsuch angelfish originated from a point outside thewaters of the State of Florida or federal ExclusiveEconomic Zone (EEZ) waters adjacent to Floridawaters and entered the state in interstate or interna-tional commerce. Failure to maintain such documen-tation or to promptly produce same at the request ofany duly authorized law enforcement officer shallconstitute prima facie evidence that such angelfishwere harvested from Florida waters or adjacent EEZwaters for purposes of this paragraph.

(2) Butterflyfishes.--

(a) No person harvesting for commercial pur-poses shall harvest, possess while in or on thewaters of the state, or land any butterflyfish (FamilyChaetodontidae) of total length less than one (1)inch.

(b) No person shall harvest, possess while in oron the waters of the state, or land any butterflyfish oftotal length greater than 4 inches.

(3) Gobies -- No person shall harvest, possesswhile in or on the waters of the state, or land anygobie (Family Gobiidae) of total length greater than 2inches.

(4) Jawfishes -- No person shall harvest, pos-sess while in or on the waters of the state, or landany jawfish (Family Opistognathidae) of total lengthgreater than 4 inches.

(5) Spotfin and Spanish hogfish --

(a) No person shall harvest, possess while in oron the waters of this state, or land any Spanishhogfish (Bodianus rufus) of total length less than 2inches.

(b) No person shall harvest, possess while in oron the waters of this state, or land any Spanishhogfish (Bodianus rufus) or spotfin hogfish (Bodianuspulchellus) of total length greater than 8 inches.


46-42.005 Bag limit.--

(1) Except as provided in Rule 46-42.006 orsubsections (3) or (4) of this rule, no person shallharvest, possess while in or on the waters of thestate, or land more than 20 individuals per day oftropical ornamental marine life species, in anycombination.

(2) Except as provided in Rule 46-42.006, noperson shall harvest, possess while in or on thewaters of the state, or land more than one (1) gallonper day of tropical ornamental marine plants, in anycombination of species.

(3) Except as provided in Rule 46-42.006, noperson shall harvest, possess while in or on thewaters of the state, or land more than 5 angelfishes(Family Pomacanthidae) per day. Each angelfish


141

shall be counted for purposes of the 20 individual baglimit specified in subsection (1) of this rule.

(4)(a) Unless the season is closed pursuant toparagraph (b), no person shall harvest, possesswhile in or on the waters of the state, or land morethan 6 colonies per day of octocorals. Each colony ofoctocoral or part thereof shall be considered anindividual of the species for purposes of subsection(1) of this rule and shall be counted for purposes ofthe 20 individual bag limit specified therein. Eachperson harvesting any octocoral as authorized by thisrule may also harvest substrate within 1 inch of theperimeter of the holdfast at the base of the octocoral,provided that such substrate remains attached to theoctocoral.

(b) If the harvest of octocorals in federal Exclu-sive Economic Zone (EEZ) waters adjacent to statewaters is closed to all harvesters prior to September30 of any year, the season for harvest of octocoralsin state waters shall also close until the followingOctober 1, upon notice given by the Secretary of theDepartment of Environmental Protection, in themanner provided in s.120.52(16)(d), Florida Statutes.

Specific Authority 370.027(2), F.S. Law Implemented370.025, 370.027, F.S. History -- New 1-1-91,Amended 1-1-95.

46-42.006 Commercial Season, Harvest Limits.--

(1) Except as provided in Rule 46-42.008(7), noperson shall harvest, possess while in or on thewaters of the state, or land quantities of tropicalornamental marine life species or tropical ornamentalmarine plants in excess of the bag limits establishedin Rule 46-42.005 unless such person possesses avalid saltwater products license with both a marinelife fishery endorsement and a restricted speciesendorsement issued by the Department of Environ-mental Protection.

(2) Persons harvesting tropical ornamentalmarine life species or tropical ornamental marineplants for commercial purposes shall have a seasonthat begins on October 1 of each year and continuesthrough September 30 of the following year. Thesepersons shall not harvest, possess while in or on thewaters of the state, or land tropical ornamentalmarine life species in excess of the following limits:

(a) A limit of 75 angelfish (FamilyPomacanthidae) per person per day or 150 angelfishper vessel per day, whichever is less.

(b) A limit of 75 butterflyfishes (FamilyChaetodontidae) per vessel per day.

(c) There shall be no limits on the harvest forcommercial purposes of octocorals unless and untilthe season for all harvest of octocorals in federalExclusive Economic Zone (EEZ) waters adjacent tostate waters is closed. At such time, the season forharvest of octocorals in state waters shall also closeuntil the following October 1, upon notice given bythe Secretary of the Department of EnvironmentalProtection, in the manner provided in Section120.52(16)(d), Florida Statutes. Each person har-vesting any octocoral as authorized by this rule mayalso harvest substrate within 1 inch of the perimeterof the holdfast at the base of the octocoral, providedthat such substrate remains attached to theoctocoral.

(d) A limit of 400 giant Caribbean or“pink-tipped” anemones (Genus Condylactus) pervessel per day.

Specific Authority 370.027(2), F.S. Law Imple-mented 370.025, 370.027, F.S. History - New1-1-91, Amended 7-1-92, 1-1-95.

46-42.007 Gear Specifications and ProhibitedGear.--

(1) The following types of gear shall be the onlytypes allowed for the harvest of any tropical fish,whether from state waters or from federal ExclusiveEconomic Zone (EEZ) waters adjacent to statewaters:

(a) Hand held net.

(b) Barrier net, with a mesh size not exceeding3/4 inch stretched mesh.

(c) Drop net, with a mesh size not exceeding 3/4inch stretched mesh.

(d) Slurp gun.

(e) Quinaldine may be used for the harvest oftropical fish if the person using the chemical orpossessing the chemical in or on the waters of thestate meets each of the following conditions:

1. The person also possesses and maintainsaboard any vessel used in the harvest of tropical fishwith quinaldine a special activity license authorizingthe use of quinaldine, issued by the Division ofMarine Resources of the Department of Environmen-


142

tal Protection pursuant to Section 370.08(8), FloridaStatutes.

2. The quinaldine possessed or applied while inor on the waters of the state is in a diluted form of nomore than 2% concentration in solution with seawa-ter. Prior to dilution in seawater, quinaldine shall onlybe mixed with isopropyl alcohol or ethanol.

(f) A roller frame trawl operated by a personpossessing a valid live bait shrimping license issuedby the Department of Environmental Protectionpursuant to Section 370.15, Florida Statutes, if suchtropical fish are taken as an incidental bycatch ofshrimp lawfully harvested with such trawl.

(g) A trawl meeting the following specificationsused to collect live specimens of the dwarf seahorse,Hippocampus zosterae, if towed by a vessel nogreater than 15 feet in length at no greater than idlespeed:

1. The trawl opening shall be no larger than 12inches by 48 inches.

2. The trawl shall weigh no more than 5 poundswet when weighed out of the water.

(2) This rule shall not be construed to prohibitthe use of any bag or container used solely forstoring collected specimens or the use of a singleblunt rod in conjunction with any allowable gear,which rod meets each of the following specifications:

(a) The rod shall be made of nonferrous metal,fiberglass, or wood.

(b) The rod shall be no longer than 36 inchesand have a diameter no greater than 3/4 inch at anypoint.

(3) No person shall harvest in or from statewaters any tropical fish by or with the use of any gearother than those types specified in subsection (1);provided, however, that tropical fish harvested as anincidental bycatch of other species lawfully harvestedfor commercial purposes with other types of gearshall not be deemed to be harvested in violation ofthis rule, if the quantity of tropical fish so harvesteddoes not exceed the bag limits established in Rule46-42.005.


46-42.009 Prohibition on the Taking, Destruction, orSale of Marine Corals and Sea Fans; Exception;Repeal of Section 370.114, Florida Statutes.--

(1) Except as provided in subsection (2), noperson shall take, attempt to take, or otherwisedestroy, or sell, or attempt to sell, any sea fan of thespecies Gorgonia flabellum or of the speciesGorgonia ventalina, or any hard or stony coral (OrderScleractinia) or any fire coral (Genus Millepora). Noperson shall possess any such fresh, uncleaned, oruncured sea fan, hard or stony coral, or fire coral.

(2) Subsection (1) shall not apply to:

(a) Any sea fan, hard or stony coral, or fire corallegally harvested outside of state waters or federalExclusive Economic Zone (EEZ) waters adjacent tostate waters and entering Florida in interstate orinternational commerce. The burden shall be uponany person possessing such species to establish thechain of possession from the initial transaction afterharvest, by appropriate receipt(s), bill(s) of sale, orbill(s) of lading, and any customs receipts, and toshow that such species originated from a pointoutside the waters of the State of Florida or federalExclusive Economic Zone (EEZ) adjacent to statewaters and entered the state in interstate or interna-tional commerce. Failure to maintain such documen-tation or to promptly produce same at the request ofany duly authorized law enforcement officer shallconstitute prima facie evidence that such specieswere harvested from Florida waters in violation of thisrule.

(b) Any sea fan, hard or stony coral, or fire coralharvested and possessed pursuant to permit issuedby the Department of Environmental Protection forscientific or educational purposes as authorized inSection 370.10(2), Florida Statutes.

(c) Any sea fan, hard or stony coral, or fire coralharvested and possessed pursuant to theaquacultured live rock provisions of Rule46-42.008(3)(a) or pursuant to a Live Rock Aquacul-ture Permit issued by the National Marine FisheriesService under 50 C.F.R. Part 638 and meeting thefollowing requirements:

1. Persons possessing these species in or onthe waters of the state shall also possess a statesubmerged lands lease for live rock aquaculture anda Department of Environmental Protection permit forlive rock culture deposition and removal or a federalLive Rock Aquaculture Permit. If the person pos-sessing these species is not the person named in the


143

documents required herein, then the person in suchpossession shall also possess written permissionfrom the person so named to transport aquaculturedlive rock pursuant to this exception.

2. The nearest office of the Florida Marine Patrolshall be notified at least 24 hours in advance of anytransport in or on state waters of aquacultured liverock pursuant to this exception.

3. Persons possessing these species off thewater shall maintain and produce upon the request ofany duly authorized law enforcement officer sufficientdocumentation to establish the chain of possessionfrom harvest on a state submerged land lease for liverock aquaculture or in adjacent Exclusive EconomicZone (EEZ) waters pursuant to a federal Live RockAquaculture Permit.

4. Any sea fan, hard or stony coral, or fire coralharvested pursuant to Rule 46-42.008(3)(a) shallremain attached to the cultured rock.

Specific Authority 370.027(2), F.S.; Section 6,Chapter 83-134, Laws of Florida, as amended byChapter 84-121, Laws of Florida. Law Implemented370.025, 370.027, F.S.; Section 6, Chapter 83-134,Laws of Florida, as amended by Chapter 84-121,Laws of Florida. History - New 1-1-95.2222

145

Action Plans: Research and Monitoring

Research and Monitoring Action PlanThis action plan identifies and describes re-search and monitoring strategies that will beimplemented for the Florida Keys National MarineSanctuary. The strategies within the plan arederived from Alternative III, the most balanced ofthe management alternatives. For each strategy,the time required for implementation, fundingavailability, costs, and responsible parties areoutlined. Although this is the final set of researchand monitoring strategies, only a subset will beimplemented in the first year of Sanctuary opera-tion. These strategies are expected to have asignificant impact on Sanctuary resources. Table17 summarizes key information about the imple-mentation of research and monitoring strategies.

Introduction

Research and monitoring are critical to achieving theSanctuary's primary goal of resource protection. TheKeys' ecosystem is diverse and complex, and manyof its processes and their interrelationships are notwell known. Also, while many resource impacts areobvious and severe, they are often not documentedor quantified, and their causes may be even lessclear or completely unknown. The purpose of re-search and monitoring is to establish a baseline ofinformation on the resource and the various compo-nents of the ecosystem, and how they interact. In thisway, research and monitoring can ensure the effec-tive implementation of management strategies usingthe best available scientific information.

Research and monitoring activities must focus onfundamental processes and specific management-driven topics. Information generated from suchactivities will be used to:

• provide the public with a means to evaluate theeffectiveness of the Sanctuary;

• provide a means to distinguish between theeffects of human activities and natural variabil-ity;

• develop hypotheses about causal relationshipswhich can then be investigated;

• evaluate management actions; and

• verify and validate quantitative predictivemodels used to evaluate and select manage-ment actions.

Two laws require that a research and monitoringprogram be implemented within the Sanctuary.Section 309 of the NMSA mandates that the “Secre-tary of Commerce shall take such action as isnecessary and reasonable to promote and coordinatethe use of national marine sanctuaries for research,monitoring, and education purposes.” The 1992amendments to the FKNMSPA (Section 7(a)(4)) aremuch more specific, calling on the Secretary ofCommerce to:

• identify priority needs for research andamounts needed to improve management ofthe Sanctuary, and in particular, the coral reefecosystem within the Sanctuary;

• identify clearly the cause-and-effect relation-ships between factors threatening the health ofthe coral reef ecosystem in the Sanctuary; and

• establish a long-term ecological monitoringprogram and database, including methods todisseminate information on the management ofthe coral reef ecosystem.

How the Plan is Organized. This action plan isorganized into three sections: an introduction,description of strategies, and implementation. Theintroduction summarizes the goals and objectives ofthe Research and Monitoring Program, and providesbackground information on planning efforts. Thestrategy description section organizes strategies intoseveral groups, including: 1) research management;2) monitoring; 3) fisheries impacts; 4) environmentalassessment; and 5) predictive strategies. Theimplementation section details how strategies in theplan will be placed into action. For each strategy andcomponent activity, the priority level, funding avail-ability, costs, and timing of implementation aresummarized.

Background

It has long been recognized that research efforts inthe Keys must be focused on priority issues, andvarious workshops have been held to define thoseissues. In October 1991, NOAA’s Sanctuaries andReserves Division sponsored a workshop where over90 environmental managers and scientists presentedtheir views and developed a list of priorities andobjectives for managing a successful researchprogram (Harwell, 1991). NOAA had previously

146


Both research and monitoring activities are in thisplan because they employ similar methods, are oftenconducted by the same people and agencies, andmust be linked to one another. Research is goal-oriented with well-defined, testable hypotheses, andis of finite duration. Monitoring involves systematiclong-term data collection and analysis to measure thestate of the resource and detect changes over time.Detecting such changes can prompt managementdecisions, can be used to evaluate the success ofmanagement strategies, or to focus research ondetermining the reason for the change.

Management Strategies . Each strategy has beenassigned an estimated activity level for year 1 (high,medium, low, or none). This activity level is anestimation of the planned level of action that willoccur in the first year after the Sanctuary Manage-ment Plan is adopted. In addition, the time required,costs of implementation, and funding availability(Federal, State, local, and private) have been esti-

(1988) funded the Marine Resources DevelopmentFoundation to sponsor a workshop to discuss man-agement, education, and research issues, and todevelop priority action plans (Miller, 1988). Otherpertinent planning efforts include the five-yearresearch plan of the Florida Marine Research Insti-tute (FMRI) (FDNR, 1989); the Florida Keys Environ-mental Summit Report (Olson, 1991); an internationalworkshop on coral reefs and their response to globalclimate change (D’Elia et al., 1991); EPA's WaterQuality Protection Program Plan for the Florida KeysNational Marine Sanctuary; and the managementplans for the Key Largo and Looe Key NationalMarine Sanctuaries. The Sanctuary will enableimprovements in the funding, focus, and quality ofresearch, and the free exchange and discussion ofresearch information. It will influence research byestablishing priorities, encouraging open communica-tion among researchers and managers, and allowingSanctuary staff to work closely with researchers toaccomplish mutual goals.

Table 17. Summary of Research and Monitoring Strategies

*

Overall Sanctuary

Priority Level

Months to

Complete

Research Management

W.28 Regional Database

W.29 Dissemination of Findings

W.32

F.6 Fisheries Sampling High <50% 2 7

W.20 Monitoring


Year 1

Funding for Full

Implemen-tation


be Undertaken

Numberof

Institutions

W.33 Ecological Monitoring Medium


Monitoring

Z.3 Sanctuary Preservation Areas <50%

F.3 Stocking 1 9

F.4 Aquaculture Alternatives 1 8

F.7 Artificial Reefs 1 7

Fisheries Impacts

F.10 Bycatch 1 7

F.11 Gear/Method Impacts 1 7

F.14 Spearfishing 2 5

F.15 Sponge Harvest 1 8

None

Refer to Water Quality Action Plan

StrategiesPage

149

150

150

150

152

152

155

150

156

158

159

159

158

159

160

160

161

+




<50%

<50%

Medium <75%

Special Studies161

B.2 Habitat Restoration 2 8

W.18 Pesticide Research

W.24 Florida Bay Influence

161

163

163

Medium



Predictive Strategies163W.21 Predictive Models163 Refer to Water Quality Action Plan

7 8

4

4

High

*Technical Advisory Committee

Medium

High


36+

60+

36+

36+

36+

48+

48+

48+

36

36

36

24+

None

None

None

None

None

None

0%

<25%

<25%

<50%

<50%

50-74%

4

4

B.11 National Marine Sanctuary Permits149 High <12 100% 1 5

Z.5 Special-use Areas <50%157 436+ 5

151 High

High

High

High

HighHigh

Low

Low

Low

Low

Low

Medium

Low

Medium

W.5 Water Quality Standards162

R.5 Carrying Capacity 1 9162 Low 48+ <50%MediumMedium

High

Medium

MediumMedium


High

147


WQPP monitoring program began in 1994 and consists of threecomponents: water quality, corals/hardbottoms, andseagrasses. The following are some of the monitoring effortsthat are occurring in this area:

Corals. Coral population dynamics are being monitored at 42fixed stations throughout the Keys as part of the WQPP.Historical monitoring has been done throughout the Keys bythe NMFS, FDEP, SEAKEYS, and the College of Charleston.

Fish. The NMFS and the FDEP monitor recreational andcommercial catch statistics concerning commercially importantspecies. NMFS’ Reef Resources Team has been gatheringbaseline data on reef fish populations in and around the no-take zones since 1993.

Seagrass. Seagrass dynamics are being monitored at 51 sitesthroughout the Sanctuary as part of the WQPP. The NationalPark Service (NPS) and the University of Virginia monitorseagrass productivity in Everglades National Park.

Mangroves. The NPS in Everglades National Park is evaluatingthe effects of sea level rise on mangroves.

Benthic Organisms. NOAA, Biscayne National Park, and theFDEP are monitoring organisms such as spiny lobster, sponge,conch, stone crabs, and Diadema. NOAA’s National Status andTrends Program monitors one mollusc in the Upper Keys fortoxic contamination.

Hardbottom Communities. The Nature Conservancy’s (TNC)Florida and Caribbean Marine Conservation Science Centerhas been monitoring hardbottom communities since 1981.

Algal Blooms. TNC and the FDEP have been monitoring andmapping algal blooms in Florida Bay and the Sanctuary.

Physical parameters. FIO’s SEAKEYS program has beenoperating six automated, instrumented monitoring stationsplaced strategically along the Keys for the past 7 years. Thesestations monitor wind speed, wind direction, precipitation,barometric pressure, air temperature, solar irradiance nearsurface and at 3m, seawater temperature near surface and 3mdepth, and surface salinity.

mated for all strategies. The component activitieswithin each strategy, and the institutions responsiblefor implementing them, have been identified.

The strategies for the Management Plan, whichincludes Research and Monitoring Action Plan and allother action plans combined, have been grouped intothree priority levels, based on their relative impor-tance or feasibility. A strategy’s priority level is basedon factors such as available funding, costs, person-nel requirements, timing, levels of existing implemen-tation, and existing legislative/regulatory authority.The high priority level includes the 16 most importantstrategies. The medium priority level contains 36strategies that represent the next level of importanceto the Sanctuary and will have some level of activity

in year one. Low priority items contain the remain-ing strategies in the Management Plan. Thosestrategies planned for completion in or before yearone do not have a priority level.

Research and Monitoring Strategies. The planincludes the 27 strategies within Alternative III thathave a research and/or monitoring component. Thehighest-ranking strategies, in terms of overallpriority, are Water Quality Monitoring, EcologicalReserves, and Sanctuary Preservation Areas.These strategies include major research andmonitoring efforts, and are critical to the ultimatesuccess of the Sanctuary. Thirteen other researchand monitoring strategies are included in bothmedium and high priority levels. As stated above,

Existing Research and Monitoring ProgramsResearch. Much research has been done in the Florida Keys,and a synopsis of this work can be found in the Description ofthe Affected Environment chapter of this Management Plan andin the Site Characterization for the Sanctuary, 1996. Researchis conducted by many groups, including local, State, andFederal agencies; public and private universities; privateresearch foundations; environmental organizations; andindependent researchers. While productive, research efforts aredriven by diverse goals, vary in available resources and quality,and do not effectively share results. Leading research groupsinclude:

• NOAA’s on-site National Marine Sanctuary Program andNational Marine Fisheries Service (NMFS) staff;

• NOAA’s on-site National Undersea Research Center(NURC) at the University of North Carolina-Wilmington.Since 1991, NURC’s Florida program has been a majorsponsor of undersea research in the Sanctuary. Usingthe Aquarius undersea laboratory and surface boats,scientists conduct research in the following areas: reefhealth, reef development, water quality, fisheries, andecology.

• The U.S. Geological Service's Center for CoastalGeology maps and conducts geological research oncoral reefs in the Florida Keys;

• The Florida Department of Environmental Protection(FDEP), Florida Marine Research Institute (FMRI) (St.Petersburg and Long Key laboratories);

• The University of Miami’s Rosenstiel School for Marineand Atmospheric Sciences;

• The State university system coordinated through theFlorida Institute of Oceanography (FIO). The mostactive universities are the University of Florida, theUniversity of South Florida, and Florida InternationalUniversity. FIO collaborates with the FDEP in runningthe Long Key Lab.

Monitoring. A number of monitoring activities are occurring in ornear the Keys. The most comprehensive, long-term monitoringprogram underway in the Keys is conducted through the WaterQuality Protection Program (WQPP) funded by USEPA. The

148



The primary goal of the Research and MonitoringProgram is to provide the knowledge necessary tomake informed decisions about protecting thebiological diversity and natural ecosystem processesof the Sanctuary and its resources.

Sanctuary Goals . Two acts, the NMSA and theFKNMSPA, establish additional research and moni-toring goals, including the:

• identification of priority areas for research;

• establishment of an ecological monitoringprogram;

• development of standards based on biologicalmonitoring or assessment to ensure theprotection and restoration of water quality,coral reefs, and other marine resources;

• establishment of a comprehensive waterquality monitoring program to determine thesources of pollution and evaluate the results ofpollution-reduction efforts;

• evaluation of progress in achieving waterquality standards and protecting and restoringthe Sanctuary's coral reefs and living marineresources;

• establishment of strong communication andcooperation between the scientific communityand resource managers;

• coordination of research efforts to achieve themost beneficial results; and

• promotion of public awareness and resourcestewardship.

Sanctuary Objectives . To achieve these goals, thefollowing objectives should be met:

• provide leadership and coordination in researchand monitoring activities by: a) recruiting otherinstitutions to carry out priority actions underthe Sanctuary program, including volunteergroups that can foster an attitude of communitystewardship; and b) registering researcherswithin the Sanctuary in order to share informa-tion about research activities and encouragecoordination and cooperation among scientistsand resource managers;

the strategies in the first two priority levels areplanned to have some level of activity in year 1.

Research and monitoring strategies are organizedinto five theme groups: research management;monitoring; fisheries impacts; environmental assess-ment; and predictive strategies. Research manage-ment strategies are those that facilitate or enhancethe capabilities for conducting research and monitor-ing within the Sanctuary. Monitoring strategies arecomposed of those that establish monitoring pro-grams of Sanctuary resources. The fisheries impactsgroup includes seven strategies that will providebasic research on fisheries management techniques,aquaculture, the impacts of artificial reefs, andharvesting methods. Environmental assessmentstrategies will result in the assessment of environ-mental conditions within the Sanctuary. Predictivestrategies will provide research that will allow re-source managers to assess the potential impact ofselected management strategies.

Relationship to Other Action Plans. Because ofthe need to establish separate management compo-nents (i.e., research, water quality, regulatory,volunteer) within the Sanctuary, research andmonitoring strategies in this plan also appear in otheraction plans. For example, in addition to having aresearch thrust, a strategy may also have a waterquality, volunteer, or regulatory component. All of thewater quality strategies, with the exception of Eco-logical Monitoring (W.33), are only given by title inthis plan. The detailed implementation scheme forthese strategies is provided in the Water QualityAction Plan. If a strategy appears in more than oneaction plan and/or components of the strategy appearin other action plans, this is noted in the description.

149



• outline information needs and set priorities forresearch and monitoring that address issuesrelated to management actions to be imple-mented and evaluated over the next five years,such as: a) baseline studies and long-termmonitoring programs addressing water qualityand the evaluation of water quality improve-ment strategies; b) studies on the impacts tohabitats and their recovery from physicaldamage, as well as the effectiveness ofrestoration actions; c) baseline surveys andlong-term monitoring that measure the ecologi-cal effects of establishing no-take zones andWildlife Management Areas; and d) studiesthat distinguish human impacts from naturalvariability and contribute to biologically-basedstandards for the sustainable use of theSanctuary;

• encourage and provide support for researchand monitoring that lead to a better under-standing of key ecological processes andcriteria for recognizing ecological change;

• take a lead role in making the results of re-search and monitoring efforts available to allaudiences, either directly or through collaborat-ing institutions;

• ensure research is funded on an open andcompetitive basis;

• coordinate research permitting among agen-cies; and

• use research and monitoring results to evaluatemanagement actions and improve themaccordingly.


Research Management

Research management strategies include those thatfacilitate or enhance the capabilities for conductingresearch and monitoring within the Sanctuary. Thefirst strategy will result in the development of asanctuary-wide permitting program to allow research-ers, educators, and others to conduct prohibitedactivities under certain circumstances. The secondstrategy will result in the development of a regionaldatabase for storing research and monitoring results.The third strategy (W.29) creates a program todisseminate information about research findingsamong scientists and resource managers. The fourthstrategy (W.32) establishes an advisory committeefor coordinating and guiding research activitiesrelating to water quality, and ecology.

Research Management Strategies

B.11: National Marine Sanctuary Permits• Establish permitting program

W.28: Regional Database(This strategy is described in detail in the WaterQuality Action Plan)

W.29: Dissemination of Findings(This strategy is described in detail in the WaterQuality Action Plan)

W.32: Technical Advisory Committee(This strategy is described in detail in the WaterQuality Action Plan)

B.11:National Marine Sanctuary Permits

Establish permits (e.g., for researchers, educators,emergency response personnel, salvors, and salvageoperators) to conduct activities otherwise prohibitedwithin the Sanctuary; facilitate simplified permitting ofresearch activities.(Completed in Year 1)

150


Activity 1- Establish Permitting Program. Thisstrategy will allow researchers, educators, and othersto conduct prohibited activities if those activities will:1) further research and monitoring in the Sanctuary;2) further the educational, natural, or historicalresource value of the Sanctuary; or 3) assist inmanaging the Sanctuary. Permits will be monitoredand their provisions enforced. The permitting pro-gram will enable oversight of the research occurringwithin the Sanctuary. In addition, for those researchactivities occuring in the Sanctuary that are notprohibited, there is a voluntary research registry.

See §922.166 of the regulations in the RegulatoryAction Plan for details on the permit requirements.

Existing Program Implementation. Research permitsfor the Looe Key and Key Largo National MarineSanctuaries are currently issued by NOAA's Sanctu-aries and Reserves Division. The FDEP and MonroeCounty also issue permits for certain activities withintheir jurisdiction.

Implementation. Research permitting is essential,and will be conducted by Sanctuary staff and coordi-nated with the FDEP. All permitting will be conductedby the on-site Sanctuary manager, and permitpossession will be enforced by Sanctuary staff.Research must be allowed to continue with minimaldisruption following implementation of the Manage-ment Plan. When determining research to be con-ducted, the potential for damage will be compared tothe expected benefits of the results. Research thatmay result in resource alteration must be of thehighest quality and considered highly beneficial to theSanctuary. Permitting will not require substantialresources, and should be maintained regardless offunding changes. The results of permitted researchwill be evaluated through peer review.


W.28:Regional Database

Establish a regional database and data managementsystem for recording research results and biological,physical, and chemical parameters associated withSanctuary monitoring programs. (Priority Level High,High Level of Action in Year 1, 12 Months to Com-plete, 75% Funding Available for Full Implementa-tion)

This strategy is described in detail in the WaterQuality Action Plan.

W.29:Dissemination of Findings

Develop a program to synthesize and disseminatescientific research and monitoring results, includingan information exchange network, conferences, andsupport for the publication of research findings inpeer-reviewed scientific journals.(Priority Level Medium, Low Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)


Strategy W.32: EstablishTechnical Advisory Committee

Establish a Technical Advisory Committee forcoordinating and guiding research activities for bothNOAA and EPA.(This strategy has been completed)


Monitoring

This group is composed of strategies that establishmonitoring programs for Sanctuary resources. Thisgroup includes the three major monitoring strategies(Water Quality, Ecological Monitoring, and FisheriesMonitoring), and two strategies designed to enhancemonitoring techniques. All of these strategies will beimplemented in year 1.

Monitoring is essential to achieve the primary goal ofresource protection. The purpose of monitoring is tofirst, establish a baseline of resources, processes,and functioning of the ecosystem against whichstandards for resource protection can be measured,and, second, to assess the status and trends of theecological resources. Monitoring provides a means toanticipate future problems before they requireexpensive solutions. The objectives of the monitoringprogram are to:

151


• assess the overall health of the ecosystem;and

• provide information for the development of apredictive model of the Florida Keys ecosys-tem.

Monitoring efforts in the Sanctuary will focus on theSanctuary Preservation Areas and Ecological Re-serves. These zones were established for thepurpose of protecting biological resources andecosystem processes; as such, their effectivenesscan only be determined by monitoring the status andtrends of biological resources within and outside ofthe zones.

Strategy F.6:Fisheries Sampling

Enhance the resolution of existing commercial andrecreational fisheries-dependent and independentsampling programs to provide statistics on catch andeffort. This will be accomplished by establishingstatistical areas based on “completeness criteria”including scientific need. Initiate fisheries indepen-dent sampling programs to measure the pre-recruit-ment of economically important species within thestatistical areas. Regulations will be developed andimplemented in accordance with the FMFC and theprotocols for consistent regulations in strategy F.1.(Priority Level High, High Level of Action in Year 1,36+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1 -Evaluate and Enhance Existing CensusPrograms. Existing commercial landing and recre-ational creel census programs will be evaluated andenhanced to provide statistically based managementinformation for regulating take. This includes theassessment and modification of information typesand mandatory versus voluntary information. Toincrease the resolution of the programs, statisticalareas will be established to provide information oncatch and effort. The number of areas will be basedon "completeness criteria," including scientific need.

Implementation. The FDEP will have the primaryresponsibility for implementing this activity. TheNational Marine Fisheries Service (NMFS), NationalPark Service (NPS), the South Atlantic and Gulf ofMexico Fishery Management Councils (SAFMC andGMFMC), and the Florida Marine Fisheries Commis-sion (FMFC) will provide primary support.

Monitoring Strategies

F.6: Fisheries Sampling• Evaluate and modify existing census programs• Initiate a fishery pre-recruitment monitoring effort

W.20: Monitoring(This strategy is described in detail in the Water QualityAction Plan)

W.33: Ecological Monitoring• Hire a research and monitoring coordinator• Establish an ecological information system• Conduct status and trends assessment• Establish a fisheries ecological monitoring and research component• Establish a data management protocol• Develop a periodic report on Sanctuary health• Establish a volunteer monitoring program

Z.2: Ecological Reserves• Develop baseline data• Monitor ecological reserves• Utilize ecological reserves as controls• Utilize as a research area

Z.3: Sanctuary Preservation Areas• Develop baseline data• Monitor SPAs• Utilize SPAs as controls• Utilize as a research area

Z.5: Special-Use Areas• Develop baseline data• Monitor SUAs• Utilize SUAs as controls• Utilize as a research area

• utilize the Sanctuary Preservation Areas andEcological Reserves as primary monitoringareas;

• establish an ongoing and open dialoguebetween scientists, managers, and the publicto facilitate an efficient and responsive monitor-ing program;

• coordinate with the Environmental ProtectionAgency (EPA)/Florida Department of Environ-mental Protection (FDEP) Water QualityMonitoring Program to maximize the use oflimited resources;

• establish an effective feedback mechanismbetween research and monitoring in order tomaximize the use of limited resources;

• assess the status and trends of corals, fish,plankton, seagrasses, mangroves, and benthicorganisms;

152


Schedule. This activity will have a high level ofaction in year 1 for evaluation and recommendations.It will require 12 months to complete. Funding forenhancement does not exist, and no schedule hasbeen determined.

Activity 2-Initiate a Fishery Pre-recruitmentMonitoring Effort. A fisheries pre-recruitmentmonitoring effort will be initiated for the long-termprediction of fishery stocks for Sanctuary-levelmanagement. This effort will be independent ofcommercial monitoring activities; FDEP has begunimplementation of fishery pre-recruitment monitoringefforts for other areas in the state. Several statisticalareas will be established, and this activity will evalu-ate and implement the programs to that level.

Existing Program Implementation. The FDEP haspartially implemented a statewide fisheriespre-recruitment monitoring program that will includethe Sanctuary.

Implementation. The FDEP will have the primaryresponsibility for implementing this activity, as part oftheir current fisheries monitoring program. Anyregulations derived from this information will bedeveloped by the FMFC. No funding is available forSanctuary-wide monitoring.


W.20:Monitoring

Conduct a long-term, comprehensive monitoringprogram as described in the EPA Water QualityProtection Program.(Priority Level High, Low Level of Action in Year 1,60+ Months to Complete, <50% Funding Availablefor Full Implementation)


Strategy W.33:Ecological Monitoring

Develop and implement a Sanctuary-wide, intensiveecosystem monitoring program. The objective of theprogram will be to monitor the status of variousbiological and ecological indicators of system compo-nents throughout the Sanctuary and adjacent areasin order to discern the local and system-wide effectsof human and natural disturbances and assess theoverall health of the Sanctuary.

This strategy will establish a comprehensive, long-term monitoring program throughout the Sanctuaryand adjacent areas that will have three purposes:1) to supply resource managers with information onthe status of the health of living resources and theecosystem; 2) to determine causal relationshipsrelated to management decisions; 3) and to evaluatethe effectiveness of management actions such aszoning implementation.

The Ecological Monitoring Program will be fullyintegrated with the Water Quality Monitoring Programthrough the Technical Advisory Committee, and willinclude: a temporal and spatial ecological informationsystem based on current knowledge; status andtrends assessments of corals, fishes, seagrasses,benthic organisms, algae, and mangroves; a fisheriesecology monitoring and research component toexamine community composition and function withinthe Sanctuary's habitats; a data analysis, manage-ment, and dissemination protocol; a periodic reporton Sanctuary health; and a volunteer monitoringprogram.(Priority Level High, Medium Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)

General Implementation. NOAA will be responsiblefor the overall implementation of the EcologicalMonitoring Program, working with the EPA, FDEP,academic and nongovernmental organizations(NGOs), and the TAC. NOAA will have the leadresponsibility for implementing most activities, but theFDEP will be responsible for establishing an ecologi-cal information system (Activity 2) and data analysis,management, and dissemination protocol (Activity 5).

General Relationship to Other Strategies. Integra-tion of the Ecological Monitoring Program and theWater Quality Protection Program will be achievedthrough the management committee specified in theWater Quality Protection Program. The TAC will be

153


used by NOAA to assist in the design andprioritization of the Research and Monitoring Pro-gram. The Sanctuary Superintendent will serve onthe management committee that coordinates andfacilitates the efforts of the TAC.

General Schedule. The Ecological MonitoringProgram will have a medium level of action in year 1.It will require 60+ months to complete.

Activity 1-Hire a research and monitoring coordi-nator. A research and monitoring coordinator isneeded to develop and maintain the MonitoringProgram, coordinate research activities, oversee thepermitting of research, assist in maintaining andupdating the ecological information system, and actas a liaison with the Water Quality Protection Pro-gram, FDEP/FMRI, National Undersea ResearchCenter, and other organizations.

Existing Program Implementation. Currently, aSanctuary program specialist serves as the Sanctu-ary research coordinator.

Implementation. NOAA and the FDEP will collabo-rate on hiring the coordinator.


Activity 2-Establish an Ecological InformationSystem. Spatial and temporal information aboutecological resources will be incorporated into anexisting Federal or State geographic informationsystem (GIS). Information that summarizes benthichabitats, species distributions, species life histories,etc. will be included in this system. This is essentialbaseline data for an effective ecological monitoringprogram. Information will be derived from existingsources such as the Minerals Management Service/Marszalek maps and the NOAA/FDEP benthichabitat maps.

Existing Program Implementation. The FDEP hasseveral projects underway that should meet thisneed. For example, it is currently establishing amarine geographic information system that willinclude information on the Keys. Monroe County isalso developing a GIS for land-use analysis, withsome marine applications. In addition, NOAA isdeveloping spatial and temporal information for theKeys in its GeoCOAST GIS Facility.

Implementation. The FDEP will be responsible forimplementing this activity. It will be accessible by theSanctuary staff over the Internet.

International Coral Monitoring Efforts

• The United Nations' Environment Program, incooperation with several international organizations,has initiated a planning process for establishing aglobal coral ecosystem (including associatedseagrass and mangrove ecosystems) monitoringnetwork. Researchers in Australia have designedand tested a prototype sampling methodology forthis effort.

• In the Caribbean region, CARICOMP is a programof the Intergovernmental Oceanographic Commis-sion and UNESCO, involving 21 marine laboratoriesin 16 countries, whose purpose is to standardizemethodologies for monitoring corals, seagrasses,and mangroves.

• The Nature Conservancy is compiling a databaseon habitat classifications and threatened coralspecies in the Caribbean region.

• The Sanctuary's Ecological Monitoring Program willadopt established international guidelines formonitoring corals, seagrasses, and mangroves, andthe Sanctuary may be a candidate for a samplingsite or training center for the global network.


Activity 3-Conduct Status and Trends Assess-ments of Corals, Fishes, Seagrasses, BenthicOrganisms and Algae, and Mangroves. Biologicalindicators for each of these biotic components will beselected by NOAA, with assistance from the TAC,and will be monitored intensively. Some indicatorsbeing considered are:

• coral cover: overall increase in living coral of5%, or a total of 30% cover for specific areas;

• coral diversity: no significant decline in existinglevels of diversity with the increase in overallpercent cover described above;

• coral indices: percent of coral as a function offleshy algae biomass will increase, and percentof living coral tissue as a function of deadtissue in massive corals will increase to greaterthan 55 percent;

• coral recruitment: increase in successfulrecruitment of coral as reflected in size distribu-tion curves;

154


• fish: increase in numbers of ecologicallyimportant species, such as cleaning gobies,while a high diversity of feeding guilds ismaintained.

• shellfish: spiny lobster population is maintainedat optimum sustainable yield;

• algae: decrease in percent of macro-algaecover and canopy height and decrease inextent and frequency of algal blooms;

• sponges: increase in abundance and biomassof sponges;

• sedimentation: decline in rates of deposition ofsediments along the coral reef tract.

A baseline survey of the indicators will be conductedover a two-year period beginning in 1997. A statusand trends report of indicator conditions will then becompiled on a periodic basis.

Existing Program Implementation. A number ofmonitoring programs are already operating in theSanctuary. For example, in 1994 the Water QualityMonitoring Program commenced, which includeswater quality, seagrass and coral/hardbottom compo-nents. The University of Miami’s Center for Marineand Environmental Analysis is undertaking a major,6-year, multimillion dollar effort to model variousaspects of the South Florida environment, includingthe development of indicators.

Implementation. NOAA will be responsible forimplementing this activity, but the FDEP will play aprimary role in implementation. Academic institutionswill provide additional assistance. The TAC will helpNOAA choose the appropriate indicators.

Schedule. This activity will have a high level ofaction in year 1. It will require 24+ months to com-plete.

Activity 4-Establish a Fisheries Ecology Monitor-ing and Research Component to Examine Com-munity Composition and Function within theSanctuary's Habitats. Fisheries are an importantcomponent of the Keys' ecosystem, both in terms ofuse values and ecological function. For example,grazing by herbivorous reef fish provides an impor-tant balancing force in controlling algal growth oncorals. Overharvesting of herbivorous reef fish upsetsthis balance. Monitoring fish population dynamics, aswell as studying life histories, should focus onanswering questions about the effects of exploitation

and the relationship between fish species and theareas they inhabit, particularly concerning recruit-ment. Results of the Monitoring Program may beused by fishery resource and Sanctuary managers todevelop population, community, and ecosystem-levelmodels.

Existing Program Implementation. The NMFS hastaken a yearly census of fish populations for 10 yearsat the Key Largo and Looe Key National MarineSanctuaries. Since 1986, the FDEP/FMRI hasadministered a fishery-dependent monitoring pro-gram, including such things as the snapper-groupercomplex, pompano, dolphin, mackerel, and spinylobster. The FMRI has also conducted a recreationalsite survey in Monroe County since 1986, revealinginformation about fishing activity, geographic loca-tion, habitat use, and catch composition.

Implementation. NOAA will select the indicatorspecies that will represent both commercially andfunctionally important species, as well as the majorhabitats of the Sanctuary (i.e., coral reefs,seagrasses, mangroves, hardbottom, etc). All lifehistory stages of the indicator species should bemonitored. Once indicator species are chosen,NOAA will establish a sampling regime, based on theFDEP’s benthic habitat maps, that will coincide asmuch as possible with the water quality samplingregime. Management zones, specifically SanctuaryPreservation Areas and Ecological Reserves, will beincluded in the sampling regime (see strategies Z.2and Z.3). Sampling strategies for adult reef fishesshould use a nondestructive visual technique such asthat developed by the NMFS for the BiscayneNational Park. Sampling began in 1994.

Schedule. This activity will have a medium level ofaction in year 1. It will require 24+ months to estab-lish.

Activity 5-Establish a Data Analysis, Manage-ment, and Dissemination Protocol. Establish aregional database and data management system forrecording research results and biological, physical,and chemical parameters associated with Sanctuarymonitoring programs. Develop a program to dissemi-nate scientific research results, including an informa-tion exchange network, conferences, and support forthe publication of research findings in peer-reviewedscientific journals.

For information on the implementation scheduleof this activity, see strategies W.28 (RegionalDatabase) and W.29 (Dissemination of Findings).

155


Activity 6-Develop a Periodic Report on Sanctu-ary Health . Develop a periodic report on SanctuaryHealth. A report will be produced periodically tocommunicate to the public and policymakers thecurrent status of Sanctuary resources. The reportshould be as simple and straightforward as possibleand utilize a consistent format from issue to issue.

Implementation. NOAA will produce the report withthe assistance of other agencies, scientists, and thepublic. The TAC will be used for scientific peerreview.

Schedule. This activity will have no action in year 1.It will require 12 months to complete and will be doneon a periodic basis.

Activity 7 - Establish a Volunteer MonitoringProgram . Volunteer monitoring, if carried out bytrained individuals, presents a viable and cost-effective means of collecting data on the status andtrends of various ecological indicators.

Existing Program Implementation. The NatureConservancy (TNC), in cooperation with NOAA, hasestablished a volunteer monitoring program formarine benthic communities in the Keys.

Implementation. TNC, in cooperation with NOAA,should continue to take the responsibility for develop-ing and implementing a volunteer monitoring pro-gram.

Schedule. This will be a continuous activity through-out the duration of the program.

This strategy is also included in the Volunteerand Water Quality action plans.

Strategy Z.2:Ecological Reserves

These areas are designed to encompass large,contiguous diverse habitats. They are intended toprovide natural spawning, nursery, and permanentresidence areas for the replenishment and geneticprotection of marine life, and to protect and preserveall habitats and species. These reserves are intendedto protect areas that represent the full range ofdiversity of resources and habitats found throughoutthe Sanctuary. The intent is to meet these objectivesby limiting consumptive activities, while continuing toallow activities that are compatible with resourceprotection. This will provide the opportunity for these

areas to evolve in a natural state, with a minimum ofhuman influence. These zones will protect a limitednumber of areas that represent the diverse habitatswithin the Sanctuary, and that provide importanthabitat for sustaining natural resources such as fishand invertebrates. These areas have been selectedto protect and enhance biodiversity and providenatural spawning, nursery, or permanent residenceareas that will serve to replenish stocks of all spe-cies, particularly those not protected by fisherymanagement regulations.(Priority Level High, Medium Level of Action in Year1, 36+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Develop Baseline Data . Before monitor-ing begins, a baseline survey of existing resources ineach Ecological Reserve must be conducted. Thesurveys will characterize the status of importantmarine species and their habitat.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The NMFSand FDEP will provide support in implementing thisactivity.


Activity 2-Monitor Ecological Reserves. Researchand monitoring activities will be conducted in theseareas to provide important information for comparingthe effects of natural processes and consumptiveactivities on species and habitats. These ecologicalmonitoring studies will determine if the area’sbiodiversity and productivity are being adequatelyprotected by the exclusion of consumptive activities.Based on the results of this activity, the five-yearupdate of the Management Plan will consider ex-panding, modifying, or eliminating these zones.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FDEPand EPA will provide primary support.


Activity 3-Utilize Ecological Reserves as Con-trols . Ecological Reserves will be utilized as controlsto determine the effects of consumptive andnonconsumptive activities in disturbed areas. Basedon the results of this activity, the five-year update ofthe Management Plan will consider expanding,modifying, or eliminating these zones.

156


Existing Program Implementation. Some consump-tive activities are currently limited in Key Largo andLooe Key National Marine Sanctuaries, and thesesites will be used to establish controls for ecologicalreserves.



Activity 4-Utilize Ecological Reserves as Re-search Areas . Ecological Reserves will providescientists, resource managers and the public with anopportunity to observe and study a naturally function-ing ecosystem with minimal human disturbance.Researchers may be permitted to conduct non-invasive experiments within the reserves to addressmanagement issues such as: a) the impacts tohabitats and their recovery from physical damage, aswell as the effectiveness of restoration actions; b)distinguishing human impacts from natural variability;c) establishing biologically based standards for thesustainable use of the Sanctuary; and d) understand-ing key ecological processes in order to developcriteria for recognizing ecological change. Based onthe results of this activity, the five-year update of theManagement Plan will consider expanding, modify-ing, or eliminating these zones.

Existing Program Implementation. Some consump-tive activities are currently limited in Key Largo andLooe Key National Marine Sanctuaries.



The process to prioritize and implement zonemarking is discussed in the Zoning Action Plan.The regulations for Sanctuary Preservation Areasare included in the Regulatory Action Plan.

Strategy Z.3:Sanctuary Preservation Areas

These zones will focus on the protection of shallow,heavily used reefs where conflicts occur betweenuser groups, and where concentrated visitor activityleads to resource degradation. They are designed toenhance the reproductive capabilities of renewableresources, protect areas that are critical for sustain-ing and protecting important marine species, andreduce user conflicts in high-use areas. This will beaccomplished through a prohibition of consumptiveactivities within these areas. They have been chosenbased on the status of important habitat, the ability ofa particular area to sustain and protect the habitat,the level of visitor use, and the degree of conflictbetween consumptive and nonconsumptive users.The actual size and location of these zones havebeen determined by examination of user patterns,aerial photography, and ground-truthing of specifichabitats.(Priority Level High, Medium Level of Action in Year1, 36+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Develop Baseline Data . Before monitor-ing begins, a baseline survey of existing resources ineach SPA must be conducted. The surveys willcharacterize the status of important marine speciesand their habitat.



Activity 2-Monitor SPAs . Research and monitoringactivities will be conducted in these areas to provideimportant information for comparing the effects ofnatural processes and consumptive activities onspecies and habitats. These ecological monitoringstudies will determine if the area’s diversity andproductivity are being adequately protected.



157


fields. These areas will minimize impacts on sensi-tive habitats and reduce user conflicts. Specialmanagement programs (e.g., monitoring, research,Special-use Permits and restoration) can be con-ducted without impediment in these areas. They canbe used to set aside areas for specific uses, such aslong-term research and monitoring, and/or minimizingthe adverse environmental effects of high-impactactivities. (Priority Level Medium, Low Level of Actionin Year 1, 12+ Months to Complete, <50% FundingAvailable for Full Implementation)

Activity 1-Develop Baseline Data. Before monitor-ing begins, a baseline survey of existing resources ineach Special-use Area (SUA) must be conducted.The surveys will characterize the status of importantmarine species and their habitat.



Activity 2-Monitor SUAs. Research and monitoringactivities will be conducted in these areas to provideimportant information for comparing the effects ofnatural processes and consumptive activities onspecies and habitats. These ecological monitoringstudies will determine if the area’s diversity andproductivity are being adequately protected.



Activity 3-Utilize SUAs as Controls. Some SUAswill be used as controls to determine the effects ofconsumptive and nonconsumptive activities indisturbed areas.

Existing Program Implementation. Some consump-tive activities are currently limited in the Key Largoand Looe Key National Marine Sanctuaries.


Activity 3-Utilize SPAs as Controls . SPAs will beused as controls to determine the effects of con-sumptive and nonconsumptive activities in disturbedareas.

Existing Program Implementation. Some consump-tive activities are currently limited in the Key Largoand Looe Key National Marine Sanctuaries.



Activity 4-Utilize SPA’s as Research Areas.Researchers may be permitted to conduct non-invasive experiments within the SPA’s to addressmanagement issues such as: a) the impacts tohabitats and their recovery from physical damage, aswell as the effectiveness of restoration actions; b)distinguishing human impacts from natural variability;c) establishing biologically-based standards for thesustainable use of the Sanctuary, and d) understand-ing key ecological processes in order to developcriteria for recognizing ecological change. Based onthe results of this activity, the five-year update of theManagement Plan will consider expanding, modify-ing, or eliminating these zones.

Existing Program Implementation. Research hasbeen conducted in many of the SPAs, such as LooeKey and Conch Reef.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FDEPand academic institutions will provide primary sup-port.


Strategy Z.5:Special-Use Areas

This strategy establishes zones to set aside areas forscientific research and educational purposes,restoration, monitoring, or to establish areas thatconfine or restrict activities such as personal water-craft operations and establish live-aboard mooring

158



Activity 4-Utilize SUA’s as Research Areas.Researchers may be permitted to conduct non-invasive experiments within the SUAs to addressmanagement issues such as: a) the impacts tohabitats and their recovery from physical damage; aswell as the effectiveness of restoration actions; b)distinguishing human impacts from natural variability,c) establishing biologically-based standards for thesustainable use of the Sanctuary; and d) understand-ing key ecological processes in order to developcriteria for recognizing ecological change. Based onthe results of this activity, the five-year update of theManagement Plan will consider expanding, modify-ing, or eliminating these zones.

The process to prioritize and implement zonemarking is discussed in the Zoning Action Plan.The regulations for Special-Use Areas are in-cluded in the Regulatory Action Plan.

Fisheries Impacts

Fisheries impacts strategies include seven fisheries-related strategies that will provide for basic researchon fisheries management techniques, aquaculture,the impacts of artificial reefs, and harvesting meth-ods.

Strategy F.3:

Stocking

Any ongoing or proposed stocking activities withinthe Sanctuary must be permitted. Develop a permit-ting policy for stocking Sanctuary waters that ad-dresses genetic and other biological concerns forboth fauna and flora, including seagrass. Assessexisting research on the impacts of stocking on thegenetic integrity of native stocks. Conduct researchon natural stock recovery and its role in maintaininggenetic integrity. Conduct a reevaluation of stockingoptions.(Priority Level Low, No Action in Year 1, 36 Monthsto Complete, No Funding Available for Full Imple-mentation)

Activity 1-Assess Impacts from Fish Stocking .The research will build on native stock integrityresearch conducted elsewhere to determine theeffects of fish stocking on the genetic integrity ofnative species within the Sanctuary. The extent towhich changes in the genetic integrity of nativestocks have occurred or are likely to occur, and theeffects of these changes on abundance, distribution,and life histories, will be determined. Researchresults will be used to develop and implementregulations governing stocking activities.

Existing Program Implementation. This activity is anexisting research priority of the FDEP.

Implementation. The FDEP and NMFS will beprimarily responsible for implementing this activity.The Florida Marine Fisheries Commission (FMFC)will develop regulations regarding stocking. Thisactivity is necessary before stocking activities can beconsidered to restore depleted fisheries. Fundingchanges will not affect this activity.


Strategy F.4:Aquaculture Alternatives

Assess, develop, and promote aquaculture alterna-tives for all commercially harvested marine species.Support efforts to eliminate the harvest and landingof wild live rock.(Priority Level Low, No Action in Year 1, 36+ Monthsto Complete, <50% Funding Available for Full Imple-mentation)

Fisheries Impacts Strategies

F.3: Stocking• Assess impacts from fish stocking

F.4: Aquaculture Alternatives• Assess, develop, and promote aquaculture alternatives

F.7: Artificial Reefs• Assess impacts from artificial reef development

F.10: Bycatch• Assess impacts from harvesting methods

F.11: Gear/Method Impacts• Conduct research on low-impact fishing gear and methods

F.14: Spearfishing• Assess impacts on fish populations• Determine incidental habitat damage

F.15: Sponge Harvest• Assess impacts of sponge harvest methods

159


developed by the FMFC. Monroe County and theSea Grant Program are also cooperating in thisactivity.

Changes in Sanctuary funding will not affect thisactivity. It will be performed by the cooperatingagencies, the FMFC, and the Sanctuary staff.

Schedule. The activity will have no action in year 1.It will require 48+ months to complete.

This strategy is also included in the Volunteerand Regulatory action plans.

Strategy F.10:Bycatch

Conduct an assessment of harvesting methods usedthat generate bycatch. Develop and implementregulations to reduce the effects of current fishingpractices on nontargeted species.(Priority Level Low, No Action in Year 1, 48+ Monthsto Complete, <25% Funding Available for Full Imple-mentation)

Activity 1-Assess Impacts from HarvestingMethods . The impacts of harvesting methods onspecies composition and abundance will be deter-mined, as will the indirect impacts on other speciesand the environment. The extent of the problem willbe assessed, and research will be conducted on theimpacts of existing fishing methods and gear. Basedon research results, regulations will be developedand implemented to reduce the bycatch of incidentalspecies and undersized targeted species.

Existing Program Implementation. The FMFC, theSAFMC, and the GMFMC are actively involved in thisactivity.

Implementation. The three fisheries organizationscurrently involved in this activity will share theprimary responsibility for implementation. Sanctuarystaff, the NMFS, FDEP, and Sea Grant Program willalso cooperate in implementation efforts. Sanctuarystaff will actively assist in research on fisheriespractices affecting the area's resources. The level ofparticipation will depend on the availability of addi-tional field staff.

Schedule. The activity will have no action in year 1.It will require 48+ months to compete.

Activity 1-Assess, Develop, and Promote Aquac-ulture Alternatives . This activity will reduce thefishing pressures on commercially harvested marinelife and satisfy the commercial demand for thesespecies. This is a long-term effort designed to identifyand develop aquaculture techniques and promote thedevelopment of environmentally sound aquacultureoperations.

Existing Program Implementation. This is an existingpriority of the Sea Grant Program, Florida Depart-ment of Agriculture and Consumer Services(FDACS), and FDEP.

Implementation. The Sea Grant Program, theFlorida Department of Agriculture and ConsumerServices (FDACS), and FDEP will be primarilyresponsible for implementing this activity as part oftheir current research programs. FDEP will assist inthe implementation of this activity.


Strategy F.7:Artificial Reefs

Conduct research on the impacts of artificial reefs onfish and invertebrate populations for long-termmanagement including location, size, materials, etc.Monitor and evaluate habitat modification caused bythe installation of marine structures. Assess anddevelop regulations for artificial reef construction andevaluate habitat suitability for artificial reefs.(Priority Level Low, No Action in Year 1, 48+ Monthsto Complete, <50% Funding Available for Full Imple-mentation)

Activity 1-Assess Impacts from Artificial ReefDevelopment . The effects of artificial reefs on fishabundance, community composition, and Sanctuaryresources will be assessed. Appropriate artificial reeflocations, based on habitat suitability will be deter-mined. Volunteers will provide assistance.

Existing Program Implementation. The FDEP iscurrently reviewing the impacts and benefits ofartificial reefs, and is developing design criteria.

Implementation. The FDEP will be primarily respon-sible for implementing this activity as part of theircurrent artificial reef assessment program. Anyregulations derived from this information will be

160


Strategy F.11:Gear/Method Impacts

Conduct research on alternative fishing gear andmethods that minimize impacts on habitat. Implementa voluntary program to encourage the use of low-impact gear and methods. Implement regulations torequire the use of low-impact gear and methods inpriority areas. Characterize harvesting stressesaffecting outer and inshore reefs and hardbottomecosystems.(Priority Level Low, No Action in Year 1, 48+ Monthsto Complete, <25% Funding Available for Full Imple-mentation)

Activity 1-Conduct Research on Low-ImpactFishing Gear and Methods . This activity will facili-tate research to develop gear designs and types thatminimize impacts to corals, hardbottom, seagrasses,and other habitat and species. Biodegradable fishingline, traps, and buoy lines are examples of gear typesthat would be researched. Modified trap designswould also be considered. Fishing methods, includingresource handling and gear placement, would beresearched to develop methods and gear thatminimize impacts to resources while maintainingefficiency. Volunteers will provide assistance.

Existing Program Implementation. The FMFC,SAFMC, and GMFMC are actively involved in thisactivity.

Implementation. The three fisheries organizationswill continue to have the primary responsibility for thishigh-priority activity. Sanctuary staff, the NMFS,FDEP, and the Sea Grant Program are also cooper-ating in this activity.

Changes in Sanctuary funding will not affect thisactivity. It will be performed by the cooperatingagencies, and should be reflected in the examinationof fisheries monitoring data.

Schedule. The activity will have no action in year 1.It will require 48+ months to complete.


Strategy F.14:Spearfishing

Conduct an assessment of spearfishing practicesand impacts to develop and implement regulations inhigh-priority areas.(Priority Level Low, No Action in Year 1, 36 Monthsto Complete, 0% Funding Available for Full Imple-mentation)

Activity 1-Assess Impacts on Fish Populations.Conduct research to determine the effects ofspearfishing on species population and abundance.

Implementation. The FDEP will be the lead agencyresponsible for implementation, with primary supportfrom the NMFS, the SAFMC, GMFMC, and theFMFC.

Schedule. The strategy will have no action in year 1.It will require 36 months to complete.

Activity 2-Determine Incidental Habitat Damage.Conduct research to determine the effects ofspearfishing on the habitat due to incidental contact.

Implementation. The FDEP will be the lead agencyresponsible for implementation, with primary supportfrom the NMFS, the SAFMC, GMFMC, and theFMFC.

Schedule. The strategy will have no action in year 1.It will require 24 months to complete.

This strategy is also included in the RegulatoryAction Plan. (Spearfishing will be prohibited inEcological Reserves and Sanctuary PreservationAreas.)

Strategy F.15:Sponge Harvest

Develop and conduct a research program to assessthe impacts of current sponge harvest methods onthe resource and the habitats in which they occur.Develop and implement regulations throughout theSanctuary.(Priority Level Medium, Medium Level of Action inYear 1, 36 Months to Complete, <75% FundingAvailable for Full Implementation)

161


Strategy B.2:Habitat Restoration

Conduct a program of restoration research at repre-sentative habitat sites within the Sanctuary; developa restoration plan and implement restoration inseverely impacted areas. Monitor recovery pro-cesses. (Priority Level Medium, Medium Level ofAction in Year 1, 24+ Months to Complete, 50-74%Funding Available for Full Implementation)

Activity 1-Develop and Implement a StockingPolicy Related to Restoration Research. Developand implement a policy on stocking related to habitatrestoration. Organisms need to be local geneticstock.

Existing Program Implementation. FDEP has a draftstocking policy for the Florida Keys that will be usedas a starting point.

Implementation. Sanctuary staff and the FDEP willbe jointly responsible for implementing this activity.

Schedule. The activity will have a medium level ofaction in year 1. It will require 12 months to complete.

Activity 2 - Conduct a Program of RestorationResearch. Enhancing mangrove and seagrasshabitats and coral transplanting are examples ofrestoration activities, but other techniques will bedeveloped. A restoration plan will be implemented inseverely impacted areas. Recovery processes (e.g.,recruitment and survivability) will be monitoredfollowing stress events (e.g., vessel groundings), andan extensive demonstration project will be developedfor mitigation and restoration techniques followingphysical disturbances or chronic nutrient inputs.Emergency or long-term restoration zones may beestablished to allow sufficient resource recovery.Volunteers will provide assistance.

Existing Program Implementation. Limited coralrestoration efforts and subsequent monitoringprograms are underway as cooperative effortsamong the Sanctuary staff, the FDEP, and the NPS.These efforts are funded by research grants anddamage settlements. A response team has beenestablished to assess damage quickly.

Implementation. Sanctuary staff and the FDEP willbe jointly responsible for implementing this high-priority strategy. Additional assistance will be sought

Activity 1-Assess Impacts of Sponge HarvestMethods . This strategy includes research andassessment activities to determine which methodshave a low adverse impact on both species andhabitat, and to identify areas that exhibit low abun-dance, low recovery rates, and habitat damage. Theactivity supports the development and implementa-tion of regulations governing sponge harvest.

Implementation. The FDEP will be primarily respon-sible for implementing this activity. The FMFC,SAFMC, and GMFMC will also participate.

Changes in Sanctuary funding will not affect theactivity. Funding will be performed by the cooperatingagencies and fisheries councils.

Schedule. The activity will have a medium level ofaction in year 1. It will require 36 months to complete.

Special Studies

Environmental assessment strategies will result inthe assessment of environmental conditions withinthe Sanctuary. One of these strategies, HabitatRestoration (B.2), is high-priority and will be imple-mented in the short-term to provide research intorestoration techniques.

Special Studies Strategies

B.2: Habitat Restoration• Develop stocking policy related to

habitat restoration• Conduct a program of restoration research

R.5: Carrying Capacity• Assess impacts of recreation activities

and estimate user carrying capacities

W.5: Water Quality Standards(This strategy is described in detail in the Water QualityAction Plan)

W.18: Pesticide Research(This strategy is described in detail in the Water QualityAction Plan)

W.24: Florida Bay Influence(This strategy is described in detail in the Water QualityAction Plan)

162


from Monroe County, the NMFS, U.S. Army Corp ofEngineers (USACE), U.S. Fish and Wildlife Service(FWS), the Florida Game and Fresh Water FishCommission (FGFWFC), and the research commu-nity.

Court judgements and settlements from groundingswill fund restoration efforts and subsequent monitor-ing programs. A contingency fund would be availableto initiate restoration efforts, since settlement fundsare not likely to be made immediately available.

Since restoration activities are largely funded bydamage settlements, they would not be affected bychanging budgets (court judgements or settlementfunds will not be diverted from their intended pur-pose). Follow-up monitoring of restoration efforts willevaluate the program’s success.

Schedule. The activity will have a medium level ofaction in year 1. It will require 24+ months to com-plete.


Strategy R.5:Carrying Capacity

Conduct a program to study and implementcarrying-capacity limits for recreational activities by:1) assessing the effects of recreational and boatingactivities on Sanctuary resources; 2) establishingrecreational user carrying capacities that minimizewildlife disturbances and other adverse impacts onnatural resources; and 3) enforcing carrying-capacitylimits in high-use areas and for highly sensitivehabitats throughout the Sanctuary.(Priority Level Medium. This strategy will have a lowlevel of action in year 1, 48+ Months to Complete,<50% Funding Available for Full Implementation)

Activity 1-Assess Impacts of Recreational Activi-ties and Estimate User Carrying Capacities . Thisactivity will assess the impacts of recreation activitieson Sanctuary resources to provide a basis foranticipating problems associated with specificactivities and the development of managementactions to eliminate/reduce impacts. Impacts such aswildlife disturbance (especially of commerciallyimportant and threatened/endangered species),changes in ecosystem balance, habitat degradation,and those associated with activities such as boating,

fishing, diving, etc. will be included. The research-only areas at Eastern Sambos and Tennessee Reefwill serve as the primary sites for conducting carryingcapacity research, specifically on water qualityimpacts versus user impacts. These research-onlyareas can be compared to other heavily used reefssuch as Western Sambos and Looe Key. It isanticipated that once the research is completed,carrying-capacity limits will be established by institut-ing regulations that require the use of buoys in high-use areas and for highly sensitive habitats throughoutthe Sanctuary.

Implementation. Sanctuary staff will have theprimary responsibility for implementing this activity inthe Sanctuary, with the assistance of the FDEP,FWS, and numerous other agencies. The USACE willbe conducting a complementary carrying capacitystudy for Monroe County. Overuse of Sanctuaryresources is one of the major management concerns,and a policy on acceptable use levels must beestablished based on the research conducted. Thisactivity will require a major commitment of resources,and could be impacted by budget reductions.


Strategy W.5:Water Quality Standards

Develop and implement water quality standards,including biocriteria, appropriate to Sanctuary re-sources.(Priority Level Low, No Action in Year 1, 60+ Monthsto Complete, <50% Funding Available for Full Imple-mentation)


Strategy W.18:Pesticide Research

Develop and implement a research program toassess and investigate the impacts of, and alterna-tives to, current pesticide practices. Modify theMosquito Control Program as necessary on the basisof research findings.(Priority Level Low, No Action in Year 1, 36+ Monthsto Complete, <50% Funding Available for Full Imple-mentation)

163


Predictive Strategies

W.21: Predictive Models(This strategy is described in detail in the WaterQuality Action Plan)


Strategy W.24:Florida Bay Influence

Conduct research to understand the effect of watertransport from Florida Bay on water quality in theSanctuary.(Priority Level High, High Level of Action in Year 1,48 Months to Complete, <50% Funding Available forFull Implementation)


Predictive

This strategy provides research allowing resourcemanagers to assess the potential impact of variousmanagement strategies. The Predictive Modelsstrategy, for example, establishes hydrodynamicwater quality models and coupled, landscape-levelecological models that will be used to predict andevaluate the outcome of in-place and proposed waterquality management strategies.

Strategy W.21:Predictive Models

Develop phased hydrodynamic/water quality modelsand coupled, landscape-level ecological models topredict and evaluate the outcome of in-place andproposed water quality management strategies.(Priority Level Medium, High Level of Action in Year1, 12+ Months to Complete, <50% Funding Availablefor Full Implementation)


164


coordinating and guiding research activities (W.32)was completed prior to year 1. All other strategies willbe implemented after year 1 (Table 19). Severalstrategies, such as WQ Monitoring and EcologicalMonitoring, include continuous activities and areexpected to continue indefinitely.

Cost . The estimated cost of implementing eachstrategy is given in Table 19. Two cost figures areshown for each strategy: capital; and operations andmaintenance. The capital cost figure represents theamount of funding required to enable the purchase ofequipment (boats, computers, etc.), construction ofbuildings and related facilities, computer equipment,land acquisition and other start-up costs. Operationsand maintenance includes salaries, travel, rent,utilities, upkeep, supplies (e.g., fuel, paper, etc.), andother administrative costs.

Geographic Focus . All research and monitoringstrategies apply to the entire Sanctuary. However,some of the strategies may include components thatare applicable to specific areas in the Keys.

Personnel . The staff required to implement theResearch and Monitoring Program will be a mix ofpersonnel from various agencies and organizationsidentified in Table 18. In addition, scientists fromvarious universities, research institutions, andenvironmental firms may be involved on a long- orshort-term basis. For example, personnel from theEPA or FDEP will be responsible for implementingmany of the strategies. However, for those strategies,Sanctuary personnel will provide assistance indirecting the component activities. The remainingstrategies will be directed by NOAA/FDEP personneldedicated solely to research and monitoring activi-ties.

Sanctuary Employees. Research and monitoringactivities will require three full-time NOAA employ-ees; a coordinator ($40,000 per year), and twoassistants ($30,000 per year). The staff will bedistributed among the three offices in Key Largo,Marathon, and Key West. Table 19 lists the totalnumber of personnel likely to be involved in imple-menting each strategy.

Volunteers. Volunteers will provide assistance inimplementing several research and monitoringstrategies. Volunteer assistance has been targetedfor the Habitat Restoration (B.2), Artificial Reefs(F.7), Gear/Method Impacts (F.11), WQ Monitoring(W.20), and Ecological Monitoring (W.33) strategies.A complete description of volunteer assignments foreach research and monitoring strategy is included in

Implementation

This section explains how the strategies in theResearch and Monitoring Action Plan will beimplemented. The institutions responsible foreach activity, and those agencies that will pro-vide some level of assistance, are identified. Inaddition, the planned level of activity in year 1,months to complete, funding availability, costestimates, staff requirements, and the geographicfocus for each strategy/activity are provided. Theprocess used to evaluate the effectiveness of themonitoring program as it evolves over time isdescribed.

Responsible Institutions . The Research andMonitoring Plan will be implemented by a coordinatedframework of Federal, State, and local agencies incooperation with academic and research institutions.In most cases, academic institutions should take thelead in implementing strategies and/or activities thatdeal with predictive modeling or research. NOAA andthe FDEP, however, have the lead responsibility foroverall program implementation. The EPA and FDEPwill provide leadership in implementing many re-search and monitoring strategies. Table 18 lists theresponsible institutions and their level of responsibil-ity in each strategy/activity.

Prioritization of Implementation. The Researchand Monitoring Action Plan includes the 23 strategiesin Alternative III with a research and /or monitoringcomponent. The highest-ranking strategies (based onoverall priority) are Monitoring, ReplenishmentReserves, and Sanctuary Preservation Areas. Eachof these strategies includes major research andmonitoring efforts and is critical to the ultimatesuccess of the Sanctuary. In addition, 12 strategieswithin the Research and Monitoring Program areeither high or medium priority level. Strategies inthese priority levels are expected to be initiatedwithin year 1 of the adoption of the final plan, andare generally designed to develop information toevaluate water quality and ecosystem health. How-ever, they will also result in information that can beused in zoning, boating, and fisheries assessments.

Schedule. Twelve strategies in the plan will beimplemented in year 1, focusing on ecological andwater quality monitoring; developing a regionaldatabase and data management system; establishinga research and monitoring component of theSanctuary’s management zones and assessing theinfluence of Florida Bay on Sanctuary resources. Astrategy establishing an advisory committee for

165


the Volunteer Action Plan. A Sanctuary volunteercoordinator will be responsible for directing allvolunteer activities associated with research andmonitoring.

Contingency Planning for Changing Budget. Inthe event of reduced or insufficient funding, theProgram’s focus will be modified to allow the imple-mentation of the most important research andmonitoring strategies. Only priority strategies (or asubset of the priority strategies) will be implementedin this case. Although the overall intent of the Re-search and Monitoring Program will not be achieved,this approach will permit research and monitoringactivities that focus on critical Sanctuary issues. Inaddition, the scale and scope of individual strategiescould be reduced, thereby preserving additionalmanagement strategies. For example, the number ofmonitoring stations included in strategy W.33 (Eco-logical Monitoring) could be reduced.

Evaluating Program Effectiveness. NOAA willconduct a periodic evaluation (approximately everythree years) to determine the effectiveness of re-search and monitoring activities. The evaluation willidentify the strategies/activities that are ineffective,and those that have not been adequately addressed.New strategies and activities within existing strate-gies will be established as the Program evolves. Theobjective is to optimize staff and resources in con-ducting research and monitoring to protect theecosystem of the Sanctuary.

166




Establish an Ecological Information System

NG

O

Strategy/Activity

MONITORING

FD

AC

S

NO

AA

-San

ctua

ryN

OA

A-N

MF

SE

PA

FW

SN

PS

US

CG

US

GS

US

AC

E+N

avy

SA

FM

CG

MF

MC

FD

EP

FG

FW

FC

FD

CA

FM

FC

FD

OC

SF

WM

D

Sea

Gra

nt

Mon

roe

Cou

nty

Mun

icip

aliti

esA

cade

mia

NU

RC


TA

C


W.29 Disseminate Findings

W.20 Monitoring

W.32 Advisory Committee


Establish a Fisheries Ecology Monitoring and Research Component

Conduct Status and Trends Assessment

Develop an Index on Sanctuary Health

Establish a Data Management Protocol

Establish a Volunteer Monitoring Program

F.6 Fisheries Sampling Evaluate and Modify Existing Census ProgramsInitiate a Fishery Pre-recruitment Monitoring Effort







RESEARCH MANAGEMENT

Monitor Reserves

Utilize Reserves as Controls

Monitor SPAs

Utilize SPAs as Controls

Develop Baseline Data


Hire a Research and Monitoring Coordinator

B.11 National Marine Sanctuary PermitsEstablish Permitting Program

Utilize Reserves as Research Areas

Z.5 Special-Use AreasUtilize SPAs as Research Areas

Monitor SUAs

Utilize SUAs as Controls


Utilize SUAs as Research Areas

167



F.10 Bycatch

Assess Impacts from Harvesting Methods

Assess Impacts from Fish StockingF.3 Stocking

Assess, Develop, and PromoteAquaculture Techniques

F.7 Artificial Reefs

Assess Impacts from Artificial Reefs

F.4 Aquaculture Alternatives

F.14 Spearfishing


F.11 Gear/Method ImpactsConduct Research on Low-Impact Fishing Gear and Methods

F.15 Sponge HarvestAssess Impacts of Sponge Harvest Methods

B.2 Habitat Restoration

Conduct a Program of Restoration Research

R.5 Carrying Capacity

Assess Impacts to Recreation Activities and Estimate User Carrying Capacities


PREDICITIVE STRATEGIES

W.21 Predictive Models

NG

O

Strategy/Activity FD

AC

S

NO

AA

-San

ctua

ryN

OA

A-N

MF

SE

PA

FW

SN

PS

US

CG

US

GS

US

AC

E+N

avy

SA

FM

CG

MF

MC

FD

EP

FG

FW

FC

FD

CA

FM

FC

FD

OC

SF

WM

D

Sea

Gra

nt

Mon

roe

Cou

nty

Mun

icip

aliti

esA

cade

mia

NU

RC


TA

CRefer to Water Quality Action Plan


FISHERIES IMPACTS

Assess Impacts on Fish Populations

Determine Incidental Habitat Damage

SPECIAL STUDIES

Develop Stocking Policy

W.5 Water Quality Standards Refer to Water Quality Action Plan

W.24 Florida Bay Influence Refer to Water Quality Action Plan

Abbreviations: NOAA, National Oceanic and Atmospheric Administration; NMFS, National Marine Fisheries Service; EPA, U.S. Environmen-tal Protection Agency; FWS, U.S. Fish and Wildlife Service; NPS, National Park Service; USCG, U.S. Coast Guard; USGS, U.S. GeologicalSurvey; USACE, U.S. Army Corp of Engineers; SAFMC, South Atlantic Fisheries Management Council; GMFMC, Gulf of Mexico FisheriesManagement Council; FDEP, Florida Department of Environmental Protection; FGFWFC, Florida Game and Fresh Water Fish Commission;FDCA, Florida Department of Consumer Affairs; FDACS, Florida Department of Agriculture and Consumer Services; FMFC, Florida MarineFisheries Commission; FDOC, Florida Department of Commerce; SFWMD, South Florida Water Management District; NURC, NationalUnderwater Research Center; TAC, Technical Advisory Council; NGO., Nongovernment Organizations.

168



Evaluate and Enhance ExistingCensus Programs

+

Establish a Data Management Protocol

Establish an Ecological Information System

Strategy/Activity

MONITORING


W.29 Disseminate Research Findings

W.20 Monitoring

W.32 Advisory Committee

W.33 Ecological and ResearchMonitoring

Conduct Status and Trends Assessment

Develop a Periodic Report on Sanctuary Health

Establish a Fisheries Ecology Monitoring & Research Component

Establish a Volunteer Monitoring Program

F.6 Fisheries Sampling

Initiate a Fishery Pre-recruitment Monitoring Effort







RESEARCH MANAGEMENT

Implementation

Pla

nned

Le

vel o

f Act

ivity

in

Yea

r 1

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

Ann

ual

Ope

ratio

ns/

Mai

nten

ance

($1,

000)

Tota

l Cap

ital

($1,

000)

Medium

High

Medium

50-74%

<50%

High

High

High

High

Low

High

Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; C, Continuous.The priority levels for activities should not be compared across strategies–they only represent the relative importance of activities contained within a strategy.

+

1000-5000 11-25

NC

NC 10-99

10-99

10-99

10-99

10-99

100-999 100-999

100-999

100-999 SW

11-25

SW

SW

SW

SW

SW

<50%Medium

<50%Medium

High

Monitor SPAs

Utilize SPAs as Controls


36+

High 50-74% SW12 NC 10-99

Medium 50-74% SW36+ 100-9991000-5000

60+ 1000-5000100-999

High 50-74%24

High <50%24+ 100-999

Medium <50%24+

None 12 75-99%

<50%24+None

CHigh 100%

100-999 3-536+1000-5000

Develop Baseline Data High 100-999 100-999 SW24 <50%

Monitor Reserves Medium 10-9936+ 100-999 SWMedium <50%

Low 10-9910-9936+ SWMedium <50%

High 100-999 100-999 SWHigh 24 <50%

Medium 10-9936+ 100-999 SWMedium <50%

Low 10-9910-9936+ SWMedium <50%

100-999 3-536+ 1000-5000

Hire a Research and Monitoring Coordinator

Medium None 5 <50% NC 10-99 SW

B.11 National Marine Sanctuary Permits

Strategies with an " " for Overall Sanctuary Priority Level are already existing programs and will be completed in Year 1. ++ *

* High 100% SW<12 10-99 10-99 2

1000-5000

Monitor SUAs

Utilize SUAs as Controls

Develop Baseline Data High 100-999 100-999 SWHigh 24 <50%

Medium 10-9936+ 100-999 SWMedium <50%

Low 10-9910-9936+ SWMedium <50%

3-5

Z.5 Special-Use Areas

Utilize Reserves as Controls

Utilize Reserves as Research Areas

Utilize SPAs as Research Areas

Utilize SUAs as Research Areas

High

High

High

High

High

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

High

Medium

169



Assess Impacts from Fish StockingF.3 Stocking

Assess, Develop, and PromoteAquaculture Techniques


Assess Impacts from Artificial Reefs

F.4 Aquaculture Alternatives

100-999<10

10-99

1-2

10-99

SW

100-999<10 SW

SW

1-2

1-2

F.14 Spearfishing

The priority levels for activities should not be compared across strategies–they only represent the relative importance of activities contained within a strategy.

+

F.11 Gear/Method ImpactsConduct Research on Low-Impact Fishing Gear and Methods

F.15 Sponge HarvestAssess Impacts of Sponge Harvest Methods


Conduct a Program of Restoration Research

R.5 Carrying Capacity

Assess Impacts to Recreation Activities and Estimate User Carrying Capacities

W.5 Water Quality Standards

PREDICITIVE STRATEGIESW.21 Predictive Models


Strategy/Activity




Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

elP

lann

ed

Leve

l of A

ctiv

ity

in Y

ear 1

Cost to Complete

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

C

ompl

ete

+

SPECIAL STUDIES

<75%Medium

Low

Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; C, Continuous.

3-5

10-99 100-999

<10 10-99

SW

SW

1-2

1000-5000

5-10

100-999 100-999 SW

100-999 SW

5-10

None

FISHERIES IMPACTS

Assess Impacts on Fish Populations High

Determine Incidental Habitat Damage

F.10 BycatchAssess Impacts from Harvesting Methods <10 10-99 SW

1-2

Geo

grap

hic

Focu

s#

of P

erso

nnel

Ann

ual O

pera

tions

/

Mai

nten

ance

($1,

000)

Tota

l Cap

ital

($1,

000)

None 100-999<1036

None 36

None 36+ <50%

100-999<10None 36+ <50%

None 48+ <50%

10-99 10-99None 48+ <50%

None 48+

<10 10-99None 48+ <25%

None 48+

10-99 100-999None 48+

Medium

10-99 10-99 SWNone

36

0%

10-99 10-99 SWNone 24 0%

1-210-99 10-9936 0%

<75%Medium <10 10-9936

Medium 24+ 50-74%

100-999 100-999Medium 24+ 50-74%

Low 48+ <50%

1000-5000100-99948+ <50%

36

Strategies with an " " for Overall Sanctuary Priority Level are already existing programs and will be completed in Year 1. ++ *

<25%

<25%

<25%

W.18 Pesticide Research Refer to Water Quality Action Plan

Develop Stocking Policy High 12 100% <10 0 SW

Low

Low

Low

Low

Low

Low

Medium

Medium

Medium

High

171

Action Plans: Submerged Cultural Resources

This action plan identifies and describes the suiteof activities for the management and protectionof submerged cultural resources within theFlorida Keys National Marine Sanctuary. Theactivities described in this plan address resourceprotection, multiple uses, inventory, research andeducation and are derived from the SubmergedCultural Resources Management strategies,public comments, and other record sources. Theaction plan is the result of a careful balancing ofresource protection and facilitating compatiblemultiple uses. The plan outlines the time re-quired for implementation, level of programactivity in year 1, the funding available for fullimplementation, institutions responsible forimplementation, and range of costs for fullimplementation (Table 20). The Action Plan alsocontains the SCR Agreement among NOAA, theState and the Advisory Council on HistoricPreservation providing further detail on howhistoric resources within the Sanctuary will bemanaged.

Introduction

NOAA is committed to protecting and preserving thenatural resources within its national marine sanctuar-ies, and is equally committed to its stewardship andtrustee responsibilities for the historical resources inthese areas. Such resources are defined as those“possessing historical, cultural, archaeological, orpaleontological significance, including sites, struc-tures, districts, and objects significantly associatedwith or representative of earlier people, cultures, andhuman activities and events" (15 CFR 922.2 (c)). Inthis action plan, the terms historical resources ,cultural resources, and submerged cultural resources(SCRs) are used interchangeably. Within the nation’snational marine sanctuaries, these resources includeshipwrecks that are part of both U.S. and worldhistory, as well as the remains of submerged prehis-toric cultures. See FEIS Affected EnvironmentCultural and Historic Resources.

Table 20. Summary of Submerged Cultural Resources Strategies

Submerged Cultural Resources Action PlanThe Sanctuary’s submerged cultural resourcesencompass a broad historical range. Because of theKeys’ strategic location on early European shippingroutes, the area's shipwrecks reflect the history of theentire period of discovery and colonization. Thisrichness of historical resources brings a correspond-ing responsibility for protecting resources of nationaland international interest. Accordingly, the resourcesshould be managed for public benefit and enjoyment,while the historical-cultural heritage is preserved forthe future. Long-term protection requires a pre-cautionary approach to historical resource manage-ment, particularly when cultural information and/orthe artifacts may be destroyed or lost intentionally orunintentionally through various direct and indirectactivities. The Federal Archaeological Program orequivalent standards of conservation, cataloguing,display, curation, and publication must be assuredbefore the excavation of historically significantresources is permitted. Such projects are expensiveand labor-intensive, requiring specialists in the fieldsof archaeology, conservation, and museum work andhistoric shipwreck research and recovery. NOAAand the State will explore all public and privatepartnerships in fulfilling SCR management and willconsider private sector implementation, if it is deter-mined to be in the public’s interest.

General Policy

NOAA’s primary policy is to protect sanctuary re-sources, including SCRs. NOAA must also managethe Sanctuary and its resources, including SCRs, tofacilitate multiple uses of the Sanctuary which aredetermined to be compatible with resource protec-tion. Compatible uses include research, education,recreation, fishing and other commercial uses. ThisAction Plan addresses the controversial issue ofcommercial treasure salvage. The Plan is the resultof a long public process, including scoping meetings,workshops, and consideration of numerous anddiverse public comments, including the Sanctuary

Overall Sanctuary

Priority Level

Months to

Complete

R.1 SCR Management

Planned Level of Action inYear One

Funding for Full

Implemen-tation


be Undertaken

Numberof


175 Medium Low <50% 5 524

172


reporting. The Programmatic Agreement for SCRManagement provides further details on the criteria,and process for decisions on which SCRs should bepreserved in situ and which SCRs would be consid-ered permissible for recovery.

How the Plan is Organized. This action planoutlines the proposed approach for developing andimplementing a program to manage submergedcultural resources in the Sanctuary. The plan iscomposed of the SCR Management strategy (R.1),and includes its component activities andsubactivities. It is organized into three sections: anintroduction, a description of strategies, and adiscussion of implementation procedures.

Background

Management Strategies . Each strategy has beenassigned an estimated “activity level” for year 1 (high,medium, low, or none). This activity level is anestimation of the planned level of action that willoccur in the first year after the Sanctuary Manage-ment Plan is adopted. In addition, the time required,costs of implementation, and funding availability(Federal, State, local, and private) have been esti-mated for all strategies. The component activitieswithin each strategy, and the institutions responsiblefor implementing them, have been identified.

The strategies for the Management Plan, whichincludes the Submerged Cultural Resources ActionPlan and all other action plans combined, have beengrouped into three priority levels, based on theirrelative importance or feasibility. A strategy’s prioritylevel is based on factors such as available funding,costs, personnel requirements, timing, levels ofexisting implementation, and existing legislative/regulatory authority. The high priority level includesthe 16 most important strategies. The mediumpriority level contains 36 strategies that represent thenext level of importance to the sanctuary and willhave some level of activity in year one. Low priorityitems contain the remaining strategies in the Man-agement Plan. Those strategies planned for comple-tion in or before year one do not have a priority level.

SCR Strategies. The SCR Management strategy isin the medium priority level. It is an importantstrategy, as it forms the basis of the Sanctuary’sSubmerged Cultural Resources Program. It iscomposed of five activities: 1) SCR protection andmanagement; 2) establish SCR inventory; 3) SCRresearch and education; 4) ensure permit compliance

Advisory Council. In consultation with the State,which owns abandoned shipwrecks in 65% of theSanctuary, and consistent with the AbandonedShipwreck Act, commercial treasure salvage ofabandoned shipwrecks has been determined not tobe a compatible use in areas where there is coral,seagrass and other significant natural resources.However, in other areas relatively devoid of thesesignificant natural resources, commercial treasuresalvage will be permitted for objects of low to moder-ate historical significance, provided that the recordingand reporting of recovery operations, as well as thecuration of representative samples of artifacts areconducted consistent with the Programmatic Agree-ment for SCR Management, as well as FederalArchaeological Program (FAP) or equivalent stan-dards. The FAP was developed by the National ParkService (NPS) by Presidential Order, and includes acollection of historical and archaeological resourceprotection laws to which Federal managers adhere.The National Historic Preservation Act (NHPA)requires Federal agencies to develop programs toinventory and evaluate cultural historic resources.Section 106 of the NHPA requires that each recoverypermit be reviewed by the State Historic PreservationOffice and the Advisory Council on Historic Preserva-tion. Permits within the scope, and which adhere toall of the provisions of the Programmatic Agreementfor SCR Management, need not go through addi-tional NHPA 106 process.

The Abandoned Shipwreck Act (ASA) requires that astate’s management practices protect shipwrecks,natural resources, and habitat areas, and guaranteerecreational access to shipwreck sites. The ASAGuidelines prohibiting commercial salvage in marinesanctuaries are being followed in zoned areas, and inareas where there is coral, seagrass and othersignificant natural resources. Commercial salvagewill only be permitted for objects of low to moderatehistorical significance in areas relatively devoid ofsignificant natural resources. There will be nocommercial salvage of SCRs of high historicalsignificance. The ASA also provides for private-sector recovery conducted in an archaeologically-and environmentallysound manner. Thus, SCRmanagement will also preserve selected shipwrecksin the Sanctuary for research and recreation pur-poses. Other shipwrecks may be more appropriatefor recovery and preservation in museums with publicaccess. Finally, the plan provides for the dispersal ofcertain recovered resources to private parties.Private profit is available through public display, aswell as from the sale of gold, silver, jewels, and otherobjects of little or no historical significance afterproper archaeological recording, analysis and

173


Existing Programs

The Division of Historical Resources (Florida Depart-ment of State) has conducted an archaeological fieldschool; participated in archaeological sportdivingworkshops; established the San Pedro UnderwaterArchaeological Preserve; granted permits for archaeo-logical inventories in the Upper and Middle Keys; andcooperated with other agencies in permitting and lawenforcement activities. Before the Sanctuary wasestablished, the Division granted contracts to search forand recover artifacts from historic shipwreck sites inState waters. Many of these activities will continue, andsome will be expanded within this program.

In addition, NOAA’s National Marine Sanctuary Programhas managed the submerged cultural resources at theKey Largo, Looe Key, and Florida Keys national marinesanctuaries in a manner consistent with the provisions ofthe Federal Archaeological Program. Projects conductedto date include remote sensing studies, literaturesearches, and limited field research and recovery byprivate groups under permits. Within these sanctuaries,submerged cultural resource management has encour-aged public access, research, education, and recreationconsistent with the goals of site protection and conserva-tion. These activities and others will be continued in theFlorida Keys National Marine Sanctuary.

through enforcement; 5) ensure interagency coordi-nation (Programmatic Agreement for SCR Manage-ment).

Relationship to Other Action Plans. The SCR regula-tions are included in the Regulatory Action Plan. Inaddition, this plan relies on the implementation of theEnforcement Action Plan, the Education Action Plan,and other action plans.


National Goals . The national goals of the Sub-merged Cultural Resources Management Programare to:

• protect SCRs and facilitate multiple usescompatible with resources protection, includingthe provision of access for recreation, re-search, education and compatible commercialuses;

• provide information for the conservation andmanagement of submerged cultural resourcesin national marine sanctuaries and nationalestuarine research reserves;

• conduct, promote, and coordinate researchand monitoring of submerged cultural re-sources in the nation’s sanctuaries and re-serves; and

• enhance public awareness and educationprograms through the study of cultural re-sources in the nation’s sanctuaries and re-serves.

Sanctuary Goals . The Sanctuary has a trusteeresponsibility for protecting the cultural resources

within its boundaries for current users and futuregenerations. Because cultural resources are nonre-newable, decisions affecting these resources mustbe made with a precautionary approach, and onlyafter careful and deliberate analyses of the potentialconsequences on long-term preservation.

The goals of the Florida Keys National MarineSanctuary’s Submerged Cultural Resources Programare to:

• gather sufficient information about the natureand extent of the area’s cultural resources toallow managers to make informed decisionsabout resource protection and management;

• interpret the history and culture of the Keys forthe public;

• allow/permit private-sector participation re-search, documentation, recovery, and curationof cultural resources; and

• to develop a community-based stewardship forcultural resources in the Sanctuary.

Sanctuary Objectives . To achieve these goals, thefollowing objectives should be accomplished in areasonable and cost effective manner:

• inventory the Sanctuary’s submerged culturalresources in a manner consistent with Federalrequirements and standards;

• provide a resource database to fully informmanagers and the public about the area’ssubmerged cultural resources to the extentconsistent with public resource protection andbusiness confidentiality;

174


• interpret the Sanctuary's submerged culturalresources for the public through on-site andland-based exhibits and accompanying materi-als such as brochures and videos;

• develop public partnerships for the research,interpretation, and management of submergedcultural resources; and

• foster and enhance a stewardship ethic forcultural resources among Sanctuary users.

The activities within the Submerged Cultural Re-sources Management strategy represent the initialstages of the Sanctuary’s Cultural Resources Man-agement Program.

175


environmental impact of the proposed activity, theprofessional qualifications of the applicants, theproposed methods of research/recovery/conserva-tion, and the public benefits of the proposed activityare some of the factors considered by NOAA, inconsultation with the State.

Applications that provide for conservation of SCRs inmuseums or similar structures of public access forresearch, education, or public viewing enjoyment willbe given priority over applications where some of theobjects are dispersed. When the applicant plans todisperse objects in the private market, disposition ofartifacts will be considered on a case-by-case basisconsistent with ASA guidelines, and with the SCRAgreement. Where the applicant has arranged forprivate conservation, long-term public display,guaranteed public access, and public interpretation ofartifacts and data, the disposition of objects may beadjusted accordingly. Proposals where the entirecollection will be conserved in private museums, butthe SCRs will be readily available for research andpublic access, will be encouraged. No permits will beissued for excavation in areas where coral, seagrassmeadows, or other significant natural habitats exist.

The Sanctuary Program requires permits for theconduct of activities prohibited by sanctuary regula-tions, or that otherwise may adversely affect Sanctu-ary resources. Such permits may only be granted inaccordance with existing law and Sanctuary policies.NOAA encourages Sanctuary uses that do notadversely affect Sanctuary resources (includingarchaeological information) or interfere with otherSanctuary uses. A survey and inventory permit is notrequired for remote sensing activities, but one willgenerally be required before considering the issu-ance of a research and recovery permit. One of thefactors considered in granting a research and recov-ery permit is whether the applicant demonstrated hisor her professional and scientific abilities in thesurvey-inventory permit. An archaeological research/recovery permit is necessary for the removal ofhistorical resources. The historic resources must bemaintained in a museum or similar institution wherepublic access for research, education and viewingenjoyment is provided. A deaccession /transferpermit is required to privatize the public resourcesrecovered under a research/recovery permit. Thedeaccession/transfer permits shall also be subject tothe requirements for special-use permits. Suchremoval of the public’s sanctuary resources requiresa substantial justification of public interest, consistentwith the purposes and policies of the Sanctuary asset forth in the SCR Agreement and the ASA guide-lines. All permits are evaluated based on a variety of


Strategy R.1:SCR Management

Develop and implement a program to protect andmanage submerged cultural resources consistentwith the NMSA, the ASA and Federal ArchaeologicalProgram standards through regulations, permits,education, and research. Inventory submergedcultural resources and assess survey and extractiontechniques within the Sanctuary. Require permittingthroughout the Sanctuary. However, no permits willbe issued for salvage or recovery in sensitive areas;i.e., Sanctuary Preservation Areas, EcologicalReserves, Wildlife Management Areas, ExistingManagement Areas, and other areas where there iscoral, seagrass or other significant natural resources.No commercial salvage will be permitted for sites ofhigh historical significance.(Priority Level Medium, Low Level of Action in Year1, ongoing)

Activity 1 SCR Protection and Management . TheSanctuary regulations, ASA guidelines, and FAPstandards/practices have been developed to addressthe survey, research, recovery, and dispensation ofcertain objects, and will be implemented consistentwith Federal and State archaeological policies.Additional Sanctuary guidelines, as well as site-specific management plans, including zoning, may bedeveloped based on the significance of the SCR andthe need for protection and managed access. Thedevelopment of Sanctuary specific archaeologicalguidelines and model permits is also being consid-ered. The establishment of an Advisory Committeefor SCR management consistent with the ASAguidelines will also be considered.

In order to protect SCRs, removal without a permit isprohibited. Non-intrusive access is not prohibited anddoes not require a permit. To facilitate access andmultiple use, and ensure it's compatible with re-source protection, there is a sanctuary permit sys-tem. Private recovery may occur under a Sanctuarypermit. The decision of whether to grant such permitswill be based upon a balancing of the public’s interestusing criteria in the regulations for all permits, as wellas the factors and criteria set forth in the regulationsfor SCR permits which are further detailed in theSCR Agreement. The site’s historical/cultural valueand significance, its recreational value, the potential

176


factors, including potential environmental and culturalresource impacts.

Implementation. NOAA’s Sanctuary Program,FDHR, and legal staff have worked together todevelop a framework for SCR management ofsubmerged lands within the Sanctuary consistentwith the NMSA, the ASA guidelines, and State law.

Schedule. The regulations, SCR Agreement andsome of the guidelines have been completed.Subsequent guidelines, model permits, and otheractivities discussed below will be considered. Thisactivity will have a high level of action in year 1. It willrequire 12+ months to complete.

Subactivity 1-Create an SCR Field Unit. A field unitwill be established to conduct field research andcoordinate permitted research activities.

Implementation. NOAA will be the lead agencyresponsible for implementing this subactivity. TheFDHR will provide assistance.

Schedule. This subactivity will have a high level ofaction in year 1. Depending on funding, it mayrequire 6 months to a year or more to complete.Contracting archaeological services in the field isbeing considered as an interim measure.

Subactivity 2-Monitoring For SCR Site Degradation.Will seek long-term monitoring of selected SCR sitesto determine whether environmental conditions andhuman use affect site integrity.


Schedule - This subactivity will have a low level ofaction for year 1. It will be on-going.

Activity 2 - Establish SCR Inventory. Compileexisting literature into a computerized bibliographicdatabase. Survey and identify site locations andspecific site characteristics including name, age,integrity, and historical and cultural significance.Compile an electronic database of site information.

Existing Program Implementation. NOAA, theFlorida Division of Historical Resources (FDHR), andnonprofit organizations have completed some surveyand inventory activities. Together they have compiledand organized data on the location, identity, andsignificance of certain historical shipwrecks. The

Cultural and Historic Resources section of theDescription of the Affected Environment chapter(Volume II) should be consulted for additional infor-mation. The SCRs currently identified, as well asthose to be discovered, will be protected and man-aged in accordance with the Plan and regulations.

Implementation. NOAA will be the lead agencyresponsible for establishing a cultural resourcesinventory for the Sanctuary. This effort will build onexisting work by the State and others. The NPS,Florida Department of Environmental Protection(FDEP), and FDHR will provide assistance in imple-menting the components of this activity.

Schedule. The inventory of all SCRs is a long-termmanagement goal and the activity will be conductedin a continuous manner until completed.

Subactivities . Implementing this activity will dependon several subactivities that will help generate theinformation for inclusion in the inventory:

Subactivity 1-Use SCR Information Developed inPermits, Authorizations or Certifications. The regula-tions prohibit the conduct of certain activities in theSanctuary. Part of the permit process generallyincludes assessment of the natural and culturalresources in the area under permit consideration. Inaddition, the Plan provides for public and privatesurveys and inventories of SCRs.

Implementation. NOAA will be the lead agencyresponsible for implementing this subactivity inconsultation with the FDHR.

Schedule. This subactivity will have a medium levelof action in year 1. This subactivity will be continu-ous.

Subactivity 2-Survey and Collect Anecdotal Informa-tion. The community knowledge base will be tappedthrough surveys of fishermen, treasure hunters, andothers with local knowledge; a program of profes-sional/amateur public participation will be developed.This information will be incorporated into the culturalresource inventory.

Implementation. NOAA will be the lead agencyresponsible for implementing this subactivity. TheFDEP and FDHR will provide assistance.

Schedule. This subactivity will have a high level ofaction in year 1. It will require 12 months to complete.

177


groups and institutions. This information will enhancethe existing knowledge base on submerged culturalresources in the Keys.

Implementation. NOAA will be the lead agencyresponsible for implementing this subactivity. TheNPS will provide primary support. The FDEP, FDHR,and the State Historic Preservation Officer (SHPO)will provide assistance.

Schedule. This subactivity will have a medium levelof action in year 1. This subactivity will be continu-ous.

Subactivities . The activity is composed of severalsubactivities. First, a series of public workshops willbe held to identify topics and projects of communityinterest. Second, a volunteer training program will beestablished to provide a mechanism for generalpublic involvement in SCR research. Third, Sanctu-ary staff will coordinate with university field schools togenerate research projects and facilitate publicinvolvement. Fourth, Sanctuary staff will applyappropriate management tools, such as scientificinvestigation, underwater “parks,” or a field school, tospecific sites to provide basic knowledge of theresource. Finally, an interpretive exhibit of thearchaeological sites and their historic context will bedeveloped to provide information to the community atlarge.

Subactivity 1-Public Participation Projects Manage-ment. A series of projects will be developed that aredesigned to involve the public in the long-termmanagement of SCRs and promote stewardshipthrough public involvement.


Schedule. This subactivity will have a low level ofaction in year 1. It will be continuous.

Subactivity 2-Volunteer Training Program. A volun-teer training program will be established to provide amechanism for general public involvement in SCRresearch, documentation, and management.

Implementation. The Sanctuary’s volunteer coordi-nator will be responsible for implementing thissubactivity. The NPS and FDHR will provide assis-tance.

Schedule. This subactivity will have a low level ofaction in year 1. It will require 12 months to complete.

Subactivity 3-Utilize Volunteer Assistance in CulturalResources Inventory. The Sanctuary’s volunteercoordinator, using local volunteers, will assist Sanctu-ary staff in collecting existing information; locatingunrecorded sites; recording and documenting sites;assessing site significance; and developing sites forimproved public access, interpretation, and protection(see the Volunteer Action Plan).

Implementation. The Sanctuary’s volunteer coordi-nator will implement this subactivity. The NPS andFDHR will provide assistance.

Schedule. This subactivity will have a high level ofaction in year 1. It will require six months to com-plete.

Subactivity 4-Public Participation Projects Inventory.Submerged cultural resources inventory projects willbe conducted by research and educational institu-tions (using local volunteers). The objective is toinvolve the public in the inventory phase of Sanctuaryarchaeological investigations.


Schedule. This subactivity will have a low level ofaction in year 1. It will be continuous.

Subactivity 5-Develop a Site Database. A centraldatabase of all shipwreck information will be main-tained by the Sanctuary, in cooperation with theFlorida Site File at the FDHR. Projects will be de-signed that are appropriate for grant funding by theFDHR, the Coastal Zone Management Program, andother sources. The data collected for non-sensitivesites may also be incorporated with other geological,biological, and census data into a geographic infor-mation system (GIS) that will be used to analyzerelationships between these resources, and tofacilitate their management.

Implementation. NOAA will be the lead agencyresponsible for implementing this subactivity. TheNPS, FDEP, and FDHR will provide assistance.

Schedule. This subactivity will have a medium levelof action in year 1. It will be continuous.

Activity 3 - SCR Research and Education

Subactivity 1-Develop a Scientific Research StudyProgram. The Sanctuary Program will encourage andcoordinate scientific studies by recognized research

178


Officers will receive training to facilitate this interpre-tive role (see the Education Action Plan).


Subactivities . There are two subactivities withinActivity 4: 1) cross-deputization; and 2) an SCRtraining program.

Subactivity 1-Cross-deputize Law EnforcementOfficers. This is described in the Cross-deputizationstrategy (B.12) within the Enforcement Action Plan.

Subactivity 2-Develop an SCR Educational Programfor Law Enforcement Personnel. This program will bepart of a standardized training program for cross-deputized enforcement agencies. The trainingprogram is included in the Training/Workshops/School Programs strategy (E.4) within the EducationAction Plan.

Activity 5-Ensure Interagency Coordination.Ensure comprehensive coordination among allappropriate Federal, State, and local agenciesinvolved in, and responsible for, the management ofSCRs through the implementation of the SCRAgreement.

Existing Program Implementation. Within the KeyLargo and Looe Key national marine sanctuaries, nocoordination between NOAA and the FDHR isrequired, as these are Federal waters and the Statelacks jurisdiction. However, the two agencies cooper-ate by sharing information, advice, equipment, andstaff. In addition, the two agencies have developed aclose working relationship in State-owned portions ofthe Sanctuary, where the Division holds title toabandoned SCRs and NOAA has a managementresponsibility as a co-trustee.

Implementation. NOAA and the FDHR will enter intothe proposed MOU (as recommended in the Aban-doned Shipwreck Act) covering the management ofSCRs within the Sanctuary. The terms of the MOU,as well as components of the final Management Plan,specify the responsibilities and roles of variousparties to ensure the timely and effective coordinationof activities involving SCRs.


Subactivity 3-Coordinate with University FieldSchools. Archaeological research in the Sanctuarywill be facilitated by providing scientific, logistical, andother support.

Implementation. NOAA and the FDHR will be thelead agencies responsible for implementing thissubactivity. The FDEP will provide assistance.

Schedule. This subactivity will have a medium levelof action in year 1. It will be continuous.

Subactivity 4-Develop a “Shipwreck Trail.” By select-ing and interpreting a selection of shipwrecks, a“shipwreck trail” will be developed to provide an on-water and on-land interpretive exhibit for the public.

Implementation. The FDHR will be the lead agencyresponsible for implementing this subactivity. NOAAand the NPS will provide assistance.


Subactivity 5-Develop an Interpretive Exhibit. Aninterpretive exhibit of the archaeological sites andtheir historic context will be developed to provide thepublic with information about SCRs in the Sanctuary.

Implementation. The FDHR will be the lead agencyresponsible for implementing this subactivity. NOAAand the NPS will provide assistance.


Activity 4-Ensure Permit Compliance throughEnforcement . Ensure compliance with statutes,rules, Sanctuary regulations, and permits throughintensive on-site patrols by authorized law enforce-ment officers.

Existing Program Implementation. Within the KeyLargo and Looe Key national marine sanctuaries,Federal laws and regulations are enforced by Stateofficers cross-deputized with Federal authority.Within the State territorial boundary, State laws andregulations are enforced by the Florida Marine Patrol.

Implementation. NOAA, the State of Florida, andother agencies will be cross-deputized with Sanctu-ary law enforcement authority. Sanctuary and otherpertinent regulations and laws will be enforced jointly,with an emphasis on public education as a tool forcompliance (see the Enforcement Action Plan).

179


implementation. The priority levels should not becompared across activities. They only indicate therelative importance of the subactivities containedwithin an activity.

Schedule . Table 22 lists the estimated time requiredfor the implementation of each activity and subactivityincluded in the SCR Action Plan. The number ofmonths required to complete each activity andsubactivity is also provided.

Cost . The estimated cost of implementing eachactivity is shown in Table 22. The costs represent thesum of Sanctuary staff salaries; equipment andsupplies; services; and other requirements necessaryfor implementation. Because each activity must beaddressed independently, costs were calculated in asimilar manner and cannot be totalled down thecolumn. Costs are divided into total capital cost, andannual operations and maintenance cost.

Implementation

This section explains how the SCR Action Planwill be implemented. The institutions responsiblefor each activity, including subactivities, as wellas those agencies that will provide some level ofimplementation assistance, are identified. Theplanned level of activity in year 1, months re-quired to complete, funding availability, costestimate, staff and equipment requirements, andgeographic focus for each activity andsubactivity are provided. Contingencies for achanging budget are also discussed. Finally, theprocess used to evaluate the effectiveness of theSCR Management Program as it evolves overtime is provided.

Responsible Institutions . NOAA and the FDHR arethe agencies primarily responsible for implementingthe SCR Management Plan. NOAA and the State ofFlorida will jointly manage Sanctuary resources,while the Division will retain title to abandonedshipwrecks on State-owned submerged lands. Ifexcavation is involved, permission may also berequired from the FDEP (e.g., dredge and fill permitand consent to use State lands) and the U.S. ArmyCorps of Engineers (e.g., dredge and fill permit),depending on location of site. Table 21 lists theresponsible institutions and their level of responsibil-ity in each activity.

The DHR, through its Bureau of ArchaeologicalResearch, has developed a range of SCR manage-ment tools that can be usefully applied within theSanctuary. The Division’s role, although sometimesregulatory, typically involves management activitiessuch as inventory, assessment, research, education,public interpretation, and grant assistance for historicpreservation projects.

NOAA’s primary role will be to protect SCRs throughthe permitting program and enforcement, as well asto provide overall policy direction and coordinateresearch by outside institutions and individuals. Inthis capacity, NOAA will ensure that research is well-designed and consistent with Sanctuary Programpolicies. NOAA will also work with the State toinventory Sanctuary resources in a manner consis-tent with the Federal archaeological program and theASA guidelines.

Prioritization . Each subactivity included in this planis ranked as either high, medium, or low priority. Theranking signifies the level of importance of eachsubactivity, and provides guidance for the timing of


Activity 4. Ensure Permit Compliance through Enforcement

Cross-deputization of Law Enforcement Officers

Develop SCR Educational Program for Law Enforcement Personnel

Abbreviations: NOAA, National Oceanic and Atmospheric Administration; NPS, National Park Service; FDEP, Florida Department of Environmental Protection; FDHR, Florida Division of Historical Resources; SHPO, State Historic Preservation Officer.

Activity 5. Ensure Interagency Coordination

Strategy/Activity

Activity 1. SCR Protection and Management

NO

AA

-San

ctua

ry

FD

EP F

DH

R

Create an SCR Field Unit

Agencies

NP

S

SH

PO

Activity 2. Establish SCR Inventory

Activity 3. SCR Research and Education

R.1 SCR MANAGEMENT

Monitoring for SCR Site Degredation

Develop a Site Database

Utilize Volunteer Assistance in Cultural Resources Inventory

Public Participation Projects Inventory

Use SCR Information Developed in Permits, Authorizations or Certifications

Survey and Collect Anecdotal Information

Develop Scientific Research Study Program

Public Participation Projects Management

Volunteer Training Program

Coordinate With University Field Schools

Develop a “Shipwreck Trail”

Develop an Interpretive Exhibit

Refer to Enforcement Action Plan

Refer to Education Action Plan

Table 21. Agencies Identified for Implementing Strategies/Activities

180


As no active archaeology studies are currently beingconducted at either the Key Largo or Looe Keynational marine sanctuaries, no cost figures areavailable to project base FKNMS cost figures.Therefore, all cost figures are estimates based onNPS projects, State projects, and contractor quotesfor jobs of similar specification.

Geographic Focus . Although SCRs may be discov-ered anywhere in the Sanctuary, there are areas ofknown concentration and high probability. These arein shallow water, especially in proximity to shippingroutes, on and near reefs, in historically used chan-nels, and near historical sources of freshwater.Management will focus on selected shipwreck sites,with the particular characteristics of a site determin-ing the types of management tools needed. “High-probability” areas must be delineated, but only after

more data is collected, and a comprehensive inven-tory of submerged cultural resources is completed.

Personnel . Three staff members are necessary toimplement the activities outlined in this plan. Corepersonnel will include an archaeologist and twotrained archaeological technicians. Two additionalpersonnel may be required for oversight of special-use permits that allow the sale or dispensation ofsome gold, silver, and jewels. The archaeologistposition will probably be at the GS-11/13 level(approximately $30,000 to $45,000 annually). Thesecondary support staff will most likely be at the GS-7/9 level (approximately $20,000 to $25,000 annu-ally).

Equipment . To ensure the success of the SCRManagement Plan, sufficient equipment will be


Strategy/Activity

Implementation

Ove

rall

San

ctua

ry

Pri

ority

Lev

el

Pla

nned

Le

vel o

f Act

ion

in Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

sCost to Complete

Ann

ual O

perti

ons/

Mai

nten

ance

($

1,00

0)

SW

Mon

ths

to

Com

plet

e

Fund

ing

Ava

ilabl

e to

Com

plet

e <50%

High

Develop a Site Database

Activity 1. SCR Protection and Management

Create an SCR Field Unit

Activity 2. Establish SCR Inventory

Activity 3. SCR Research and Education

Utilize Volunteer Assistance in Cultural Resources Inventory

Public Participation Projects Inventory

Use SCR Information Developed in Permits, Authorizations or Certifications

Survey and Collect Anecdotal Information

R.1 SCR MANAGEMENT

Low

Low

Low

Low

Low

SW

SW

SW

SW

SW

Low

High

High

High

High <50%6 10-99 10-99

Low

Low

Low

Low

Medium

C

12

C

12

12 <50%

<50%

<50%

<50%

<50% <10

<10

<10

<10

<10

<10

<10

<10

<10

<10

High 18+ <50%

High 12+ <50%

High 18 <50%

24

100-999 100-999

100-999 100-999

10-99 10-99

10-99

Activity 5. Ensure Interagency Coordination

Abbreviations: SW, Sanctuary-wide.Note: The priority levels for subactivities should not be compared across activities–they only represent the relative importance of activities contained within a strategy.

Activity 4. Ensure Permit Compliance through Enforcement

Cross-deputization of Law Enforcement Officers

Develop SCR Educational Program for Law Enforcement Personnel

High 12High <50% SW

Refer to Enforcement Action Plan

Refer to Education Action Plan

<10

SWMonitoring for SCR Site Degredation Low 10-99 10-99<50%6High

Develop a Scientific Research Study Program

Public Participation Projects Management

Medium

Low

Volunteer Training Program Low

Coordinate With University Field Schools

Develop a “Shipwreck Trail”

Develop an Interpretive Exhibit

Medium

Low

Low

Medium

181


required so sites can be reached and investigated ina reasonable response time. Such equipment wouldinclude a boat and trailer for use throughout theSanctuary. Standard safety and diving gear shouldbe complemented by surveying, remote sensing,position-finding, and shallow-excavation equipment,as well as the archaeological equipment necessaryfor underwater recording and recovery activities.Although the quantity and capability of equipment willvary based on the tasks to be accomplished, aminimum inventory response capability should bemaintained. The cost of this equipment, based on theuse of a government surplus or seized vessel andmedium-quality diving and surveying equipment, willbe approximately $100,000. This includes vesselrefurbishment and maintenance costs. Two additionalboats of approximately 20 feet in length may berequired for oversight of private recovery operations.If government surplus vessels are used, an additional$30,000 may be required to refurbish and outfit thesevessels, and an additional $10,000 will be requiredfor surveying, diving, and documentation equipment.

Computer equipment, video and photographiccameras, and drafting equipment will also be re-quired. This equipment (plus the basic office equip-ment for a staff of three) could cost as much as$100,000, depending on the level of technologicalsophistication. However, the bulk of this expenditureis a one-time outlay, and would not be required insubsequent years. The annual operating budget,including salaries, is expected to be $140,000.

Contingency Planning for a Changing Budget . Iffunding is below projected levels, cuts could be madein staffing and equipment purchases. Part-timepositions within the private recovery supervisionprogram could potentially be filled by other staffmembers after the fulfillment of a rudimentary trainingprogram in archaeological methods. An observermay be required on private recovery vessels at alltimes to ensure compliance with Sanctuary regula-tions and permit conditions. One of the two core stafftechnicians could be shared with the biology/damageassessment staff, as both positions require underwa-ter mapping and other documentation skills.

In addition, costs for remote sensing equipment couldbe reduced or eliminated by hiring contractors tocomplete this work. However, an in-house capabilityis more desirable, as contracted work may be slowedby the competitive bidding process, and the fact thatjobs may be grouped together to make the mostefficient use of the contractor’s time.

Evaluating Program Effectiveness . The bestmethod of evaluating Program effectiveness is tomeasure accomplishments against the stated goalsand objectives. This will be done in-house and with areview interval that is proportional to the complexityof the tasks undertaken. Examples of items to beevaluated include: the number of participants en-gaged in volunteer programs; the number of fieldschools conducted; the number of school programsand public exhibits; and the number of presentationsgiven to external groups.

Another means of assessing the SCR ManagementProgram is through a review committee of qualifiedarchaeologists. The “peer review” principle is well-established in academia, and can be applied to thecultural resources program at little or no cost. Thereview committee would consist of archaeologistswith graduate training in archaeology, relevantexperience, and/or a track record of scholarly publi-cation. The quality of work produced during theevaluation period would be emphasized, with particu-lar attention paid to the reports generated both withinthe program and by permit holders. The committeewould also evaluate site protection, paying particularattention to the Sanctuary’s legislative mandate andhow effectively it has been fulfilled during the reviewperiod.

In addition, the data collected during the previousyear would be inventoried, and data would bechecked for consistency and veracity. Consistencywould be measured across projects, and site plans,remote sensing data, and photo documentationwould be compared to ensure uniformity. Dataveracity would be checked by selecting projects atrandom and attempting to duplicate the results.Examples could include duplicating (on a limitedscale) remote sensing runs and verifying submittedsite maps. If serious discrepancies are found, thequality assurance aspects of the program would bereevaluated.

The final tangible measure of the Program will be areview of the publications generated during the five-year duration of the initial Sanctuary ManagementPlan. This is critical to ensure that the program fulfillsits role within the professional community.


182

The Florida Keys National Marine Sanctuary (Sanctu-ary) was established to provide comprehensiveprotection to the marine environment in the FloridaKeys and comprehensive management of the use ofthe Sanctuary and its resources, including historicalresources.

The Secretary of Commerce, through the NationalOceanic and Atmospheric Administration (NOAA)and in consultation with the State of Florida, de-veloped a comprehensive management plan whichfacilitates multiple use of the Sanctuary resourcesconsistent with the primary objective of resourceprotection.

The purpose of this Programmatic Agreement is tojointly develop a policy for the protection and man-agement of historic resources in the Florida KeysNational Marine Sanctuary by the Co-Trustees, theState of Florida, and NOAA that the Advisory Councilon Historic Resources (Council) agrees is in compli-ance with sections 106 and 110 of the NationalHistoric Preservation Act (NHPA).

Management and protection of the historic resourcesin the Florida Keys National Marine Sanctuary shallbe administered in accordance with the Florida KeysNational Marine Sanctuary Protection Act(FKNMSPA), the National Marine Sanctuaries Act(NMSA), and the Abandoned Shipwreck Act (ASA).Management actions consistent with this agreementwould satisfy NOAA’s Section 106 responsibility forall individual undertakings affecting the historicresources within the Florida Keys National MarineSanctuary. The SCR Agreement also addressesNOAA's Section 110 inventory responsibilities.

I. References and Authorities

The Sanctuary was established under the FloridaKeys National Marine Sanctuary and Protection Act,Public Law No. 101-605, 104 Stat. 3089 (Nov. 16,1990). Section 5(a) of the FKNMSPA expresslyprovides that the Florida Keys National MarineSanctuary be managed under all applicable provi-sions of the NMSA, as amended, 16 U.S.C. 1431 etseq. NOAA enters into this Agreement pursuant tothe FKNMSPA and the NMSA.

The Abandoned Shipwreck Act, 43 U.S.C. 2101-2106, transferred title to abandoned shipwrecks onstates’ submerged lands to the states. Under theASA, states are to manage the abandoned ship-wrecks in a manner which protects shipwreck sites,guarantees public access to divers and others, andallows for appropriate public- and private-sectorrecovery of shipwrecks consistent with the protectionof historical values and environmental integrity of theshipwrecks and sites. The State of Florida enters thisAgreement pursuant to Chapter 267 of the FloridaStatutes, in which title to abandoned historic re-sources on state-owned or state-owned sovereigntysubmerged lands is vested in the Division of Histori-cal Resources of the Florida Department of State forthe purposes of administration and protection.

The designation of the Sanctuary does not alter theState of Florida’s title to abandoned shipwrecks onState submerged lands. However, upon designationNOAA and the State share co-trustee responsibilitiesfor natural and historic resources within the Stateportions of the Florida Keys National Marine Sanctu-ary.

The Abandoned Shipwreck Act Guidelines, 55 Fed.Reg. 50116 (December 4, 1990; ASA Guidelines),provide advice to the states and Federal agencies onhow to effectively manage abandoned shipwrecks onsubmerged lands under their ownership or control.The ASA Guidelines provide for private-sectorparticipation in shipwreck research projects andrecovery of shipwrecks when such activities are inthe public interest.

II. Definitions

Archeological Recovery - A process of systematicartifact recovery and mapping of shipwreck sites.

Artifact - an object made or manipulated by man.Artifacts commonly found at archaeological sites mayhave one or more of the following qualities:

1. Historic - an object associated with historicalevents;

2. Aesthetic- a work of art or craft;

3. Religious - iconic, ceremonial;

4. Functional - a tool, utensil, etc.;

5. Modified Commodity;

Programmatic Agreement for SCRManagement Among NOAA, TheAdvisory Council on HistoricPreservation, and the State of Florida


183

mold, having the same marks, stamps, designs. Theyare often manufactured assembly style with machin-ery.

In Situ - A Latin term meaning “in the original posi-tion.”

Material Remains - physical evidence of humanhabitation, occupation, use or activity, including thesite, location or context in which such evidence issituated

Modified Raw Materials - commodities that havebeen reduced to a concentrated state. Such itemsindicate cultural activity in the shape, size, markings,and content of the artifact. This includes ingots, pigs,and bullion.

Primary Archeological Deposit - a shipwreck artifactassemblage stabilized by in-situ ballast, hull structureand overlying bottom deposits, or a combinationthereof, which defines the original location andorientation of the bulk of a historic shipwreck’smaterial remains. These deposits represent non-random distribution patterns that include personaleffects, cargo, and ship’s supplies reflecting humanbehavior in different shipboard activity areas.

Raw Materials - commodities that are in a naturalstate save for marks from cutting, breaking, orseparating for transport. Such items are of historicalinterest due to tool marks, use and wear marks orpatterns, size breakdown for transport, metal, ormineral composition.

Secondary Archeological Deposit - scattered artifactsderived from the break-up of a vessel following itssinking and progressive break-up of the hull underprevailing local hydrological conditions. The contex-tual associations within these derived artifacts arelargely determined by oceanographic variables (wind,waves and currents) within a short time following thesinking of the vessel.

Similar Artifacts - artifacts made from the samematerials for the same functional purpose. Theseartifacts may vary slightly in composition, weight,size, stamps and marks, wear patterns, color, design,etc. These may often be items made by handcraft.

Tertiary Archeological Deposit - artifacts transportedfrom their original position on the sea floor throughcontinual re-deposition within the regular erosionsedimentation cycle characteristic of shallow off-shore coastal processes.

6. Food Product Used for Subsistence -butchered animal bones, seeds, corn cobs,etc.

Artifact Scatter Pattern - The stratigraphic andhorizontal distribution of scattered artifacts, ballastdeposits, and ship remains which archaeologicallyindicate the events (e.g., the wrecking of a vessel;natural occurrences such as currents or storms;salvage activities; and/or other processes) surround-ing the sinking and progressive disintegration of ashipwreck site. .

Commercial Salvage - the search for and recovery ofshipwrecks and/or artifacts using archaeologicalrecovery techniques and historical documentation tomaximize the intrinsic value of the finds. It is to bedistinguished from treasure hunting, which involvesrecovery without regard for archaeological contextand historical significance.

Crafted Items - materials made of metals, stones, orother materials that have functional, aesthetic,cultural, historical, or religious significance or value.

Debris Field - an area of artifacts that were scatteredand deposited through: 1) the wrecking or sinking ofa vessel; 2) natural occurrences such as currents orstorms; 3) salvage activities; and 4) other processes.

Duplicative Artifacts - a group of artifacts that aresimilar or identical in nature.

Historical - possessing historical, cultural, archaeo-logical, or paleontological significance, includingsites, structures, districts, and objects significantlyassociated with or representative of earlier people,cultures, and human activities, and events.

Historical Association - the interrelationship ofdiscovered objects to one another and to theirsurrounding environment, and which provides thecultural context of the site.

Historical Interest - capable of providing scientific orhumanistic understandings of past human behavior,cultural adaptation, and related topics through theapplication of scientific and scholarly techniques suchas controlled collection, analysis, interpretation, andexplanation.

Historic Resource - any material remains of humanlife or activities which are at least 50 years of ageand which are of historical interest.

Identical Artifacts - artifacts made of identical mate-rial, of same content and weight, made in the same


184

III. Management of Historic SanctuaryResources

NOAA and the State of Florida agree that the com-prehensive management plan for the Florida KeysNational Marine Sanctuary should have uniformpolicies and regulations for the management ofresources throughout the Sanctuary which areconsistent with the provisions of the NMSA, the ASA,and the ASA Guidelines. The Sanctuary will bemanaged to protect natural and historical resources,including abandoned shipwrecks, for present andfuture generations. The management will alsofacilitate access for research, education, and recre-ational enjoyment in a manner which is consistentwith the primary objective of resource protection.

The management plan for the Florida Keys NationalMarine Sanctuary does not terminate valid Federaladmiralty rights to certain shipwrecks that were inexistence prior to the designation of the Sanctuary byCongress on November 16, 1990, pursuant to validorders of Federal Admiralty Courts.

A. Inventory and Documentation of Histori-cal Shipwrecks

1. The survey and inventory of SCRs, includinghistorical shipwrecks, is necessary for proper SCRmanagement and is required under Section 110 ofthe NHPA. NOAA and the State of Florida will seekall appropriate public and private means of continuingto survey the FKNMS and prepare a shipwreckinventory of all known shipwrecks and other SCRsites within the Sanctuary.

2. Information obtained from literary research,survey and research permit reports, site maps andphotographs shall be used to supplement the ship-wreck inventory. The shipwreck inventory willprovide a database to aid resource managers inproper management of historical resources within theFKNMS. All shipwrecks shall also be reported to theFlorida Site File at the Florida Division of HistoricalResources. The shipwreck inventory shall, at aminimum, contain the following information:

a. Popular name and, when known, the vesselname, if different;

b. Vessel size, type, and age;

c. When known, the wreck date and function atthe time of the wreck incident;

d. Location, including whether it is in a zonedarea or areas of coral, seagrass, or othernatural/historical significance;

e. The integrity and degree of dispersal of theshipwreck;

f. Whether it is buried or encrusted in corallineformations;

g. Whether it is listed in, or eligible for listingin, the National Register of Historic Places,or is eligible for listing as, or is, a NationalHistoric Landmark;

h. The site form recorded in the Florida SiteFile; and

i. Whether the site is State-owned or subject topreexisting rights of access under admiraltylaw.

3. Any newly discovered shipwrecks or any newinformation pertaining to listed shipwrecks brought tothe attention of NOAA or the State of Florida shallimmediately be included in the shipwreck inventoryand, where appropriate, the Florida Site File. NOAAand the State of Florida shall annually review theprogress of the shipwreck inventory and shall makerecommendations for the following year’s work.

4. All information relating to each vessel includingfield notes, historical information, photographs,videotapes, site maps, drawings, inventory forms,and reports shall be maintained together and bedeposited, when possible, in both the NOAA centralrepository and the Florida Site File. All such docu-mentation shall be available to the public for interpre-tive and educational purposes.

B. Resource Protection

NOAA and the State of Florida agree that in order toprotect natural and historic sanctuary resources, theSanctuary regulations will prohibit the unauthorizedremoval or injury of historical resources and theunauthorized alteration of the seabed. Applicationsfor permits involving activities which may injurehistorical resources will be reviewed by the StateHistoric Preservation Office, and NOAA. Permitswhich strictly adhere to the Sanctuary regulations,and this SCR Agreement, are also deemed to be incompliance with Section 106 of the National HistoricPreservation Act, and do not require approval of theAdvisory Council on Historic Preservation. Permits


185

which are outside of the scope of this SCR Agree-ment, in whole or in part, are subject to Section 106review.

C. Public Access

1. NOAA and the State of Florida agree to allowpublic access to historic resources which does notharm the natural or historic qualities of these re-sources. Sport divers shall have access to publiclyowned shipwrecks having recreational value. Suchaccess may be further facilitated through the place-ment of marker buoys and anchor moorings andthrough the distribution of information at dive shopsand marinas.

2. NOAA and the State of Florida agree that gener-ally, any person should be able to freely and withouta permit dive on, photograph, or otherwise use andenjoy publicly owned shipwrecks, including historicalshipwrecks and shipwrecks whose historical signifi-cance has not yet been evaluated, provided that theuse or activity does not involve disturbing or remov-ing parts or portions of the shipwreck, its immediateenvironment, coral, seagrass, and other naturalresources.

3. NOAA and the State of Florida agree that theremay be instances in which access to certain ship-wrecks should be limited. Decisions to limit, monitor,or prohibit public access to shipwrecks shall be madeon a case-by-case basis, be practical, and fairlyadministered. NOAA and the State of Florida mayseek comments from various interested groups priorto imposing restrictions on public access to ship-wrecks. Generally, public access to shipwrecks shallbe regulated, including zoning, when:

a. A shipwreck is extremely fragile and indanger of collapsing;

b. A shipwreck is suffering extensive deteriora-tion or attrition due to prior access;

c. A permittee who is recovering a shipwreckunder a valid permit requests that access beregulated during the term of the permit;

d. A shipwreck site presents an unacceptablerisk to human safety and the visitor does notassume full responsibility for his or hersafety; or

e. A shipwreck is subject to sovereign immu-nity and the applicable Federal governmentagency or foreign nation provides instruc-

tions on regulating public access to theshipwreck. In the absence of specific instruc-tions from the applicable sovereign, undercustomary international law, access by anyU.S. national to shipwrecks entitled tosovereign immunity is prohibited. When asovereign grants permission, it generallylimits access to named individuals forspecified purposes. As a matter of policy,the U.S. Navy does not abandon its vessels,and permission is generally not given toaccess, or salvage, sunken Navy vessels.

4. NOAA and the State of Florida agree that publicaccess to historical resources removed from theSanctuary shall be maintained through curation anddisplay agreements consistent to the maximumextent practicable with 36 CFR Part 79.

D. Education

1. NOAA and the State of Florida agree that in orderto responsibly manage historical resources in theFKNMS, a public education program shall be devel-oped to facilitate the understanding of these re-sources, their significance in maritime history, andthe importance of their preservation.

2. Public education will be facilitated through publicworkshops, field trips, volunteer projects.

3. NOAA and the State of Florida shall work towardestablishing a system of underwater parks andunderwater shipwreck trails where public accessshall be encouraged. Recovery shall be prohibited inthese areas.

4. The volunteer coordinator will develop an educa-tional program for public volunteers to participate ingathering historical information for the shipwreckinventory.

5. To the extent practicable, recovered artifacts shallbe placed in museums for public display and interpre-tation. Museums shall also develop interpretiveprograms that help illustrate the background andhistory of the recovered artifacts.

E. Permits

1. NOAA and the State of Florida agree that non-intrusive surveys of historical resources are encour-aged and will not require a survey/inventory permit.However, no archaeological research/recovery permitwill be granted unless and until the applicant hasgone through the survey/inventory process success-


186

fully or can otherwise demonstrate his or her profes-sional abilities and that research/recovery is worthyof consideration by NOAA and the State.

2. Consistent with the policies of the National MarineSanctuary Program and the Federal ArchaeologicalProgram, NOAA and the State of Florida prefer thatSCRs are preserved in situ. Because historicresources are an irreplaceable non-renewableresource, they should remain in the sanctuary forresearch, education and the viewing enjoyment of thepublic for present and future generations, unless anduntil there is a substantial public interest justificationfor their removal.

3. Requests for the archaeological recovery ofhistoric shipwrecks and their associated artifactsshall be jointly reviewed and approved by NOAA andthe State of Florida in accordance with this agree-ment and the permitting procedures found in theFKNMSPA implementing regulations. Deaccession/transfer permits are for commercial salvage and havebeen determined to be Special-use permits, and aretherefore also subject to the requirements andconditions for Special-use permits.

4. The proposed recovery activity must be in thepublic interest and should, at a minimum, furtherarchaeological knowledge. For example, to facilitateresearch, education, public access and other man-agement objectives for the FKNMS, the ASA, and theASA Guidelines, decisions will be made on a case-by-case basis by weighing and balancing the valuesand uses a particular shipwreck may have, thepotential benefits to be derived from the proposedrecovery activity, and the potential adverse effects ofthe proposed recovery activity. Only those publicand private sector recovery activities that are in thebest interests of the public should be authorized. Tohelp determine whether a proposed public or privatesector activity is in the best interest of the public, inaddition to the factors/criteria in the sanctuaryregulations and elsewhere in this agreement, consis-tent with the ASA guidelines, NOAA and the Statewill also consider the following:

a) Is the SCR owned by the State; or is itsubject to sovereign immunity or other sovereigninterest, i.e., Florida, U.S., or Foreign government?

b) What are the SCR’s current and potentialvalue and uses? Is recovery consistent with thosevalues and uses? Will it enhance those values anduses? Will it irrevocably damage or destroy any ofthose values and uses?

c) Is the SCR listed in, or eligible for, inclu-sion in the National Register of Historic Places? Is ita National Historic Landmark?

d) Will the proposed recovery result in anomination to the Secretary of Interior to list the SCRin the National Register of Historic Places or result ina recommendation for designation as a NationalHistoric Landmark?

e) Will the proposed recovery result in theacquisition of new historical information or verifyhistorical documentation?

f) Is the SCR threatened? Is it being dam-aged or destroyed by natural processes (such aserosion), or by human activity (intentional or uninten-tional)? Is the threat imminent and unavoidable?

g) Will the area be restored to its originalcondition?

h) Will recovery impede navigation?

5. The permit applicant, named principal investigatoror supervisor of operations, must meet, at a mini-mum, the following qualifications to carry out theactivity:

a. Hold a graduate degree in anthropology orarchaeology, or equivalent training andexperience;

b. Completed at least 12 months of experiencein research concerning archaeologicalresources of the pertinent period, meaningthat applicants proposing to study historicshipwrecks should have one year of experi-ence in historic shipwreck research, etc.;

c. Demonstrate the ability to plan, equip, staff,organize, and supervise the type and scopeof the proposed activity;

d. Demonstrate the ability to carry out researchto completion, as evidenced by timelycompletion of theses, research reports, orsimilar documents; and

e. Completed at least 16 months of professionalexperience and/or specialized training inarchaeological field, laboratory, or libraryresearch, administration, or management,including at least four months experienceand/or specialized training in the kind ofactivity being proposed.


187

3. A statement of the responsibility of thepermittee.

i. A plan for the storage and public availability ofrecords related to the research project and theartifacts;

j. A separate statement of the professionalqualifications for each personnel member whowill conduct the activities involved in theproject, signed and certified by that personnelmember; and

k.Any other information that may be determinednecessary on a case-by-case basis.

8. The permittee shall submit a final report detailingthe research plan, methodologies, field operations,and research findings.

9. A permittee authorized to excavate and recover anhistorical shipwreck may:

a. Make presentations on the results of therecovery activity and the archaeologicalfindings in public forums;

b. Prepare scientific and nontechnical, popularpublications; and

c. Make artifacts and other materials recoveredfrom the shipwreck available for futurestudy, public interpretation, and publicexhibition.

10. NOAA or the State of Florida may periodicallymonitor permitted recovery activities to ensure thatthey are in compliance with all terms and conditionsof the permit.

11. NOAA or State of Florida officials who monitorpermitted activities shall have the authority to imme-diately suspend the permit if it appears the activity isnot in compliance with the conditions and terms ofpermit. Once work is suspended, work may notresume until NOAA and the State have conducted athorough review and notified the permittee of theirfindings.

12. Any person applying for a permit must demon-strate their financial ability for the proposed activity.In cases where NOAA and the State are concernedabout the financial ability to complete the project, aperformance bond or other security to cover costsassociated with the recovery, conservation and finalreport may be required in order to approve the

6. The permit applicant, named principal investigator,or supervisor of operations must directly supervise allpermitted activities and participate in all recoveryoperations.

7. Permit applications to recover historical resourcesshall, at a minimum, include the following information:

a. A research plan describing in detail specificresearch objectives;

b. A statement of the project’s research signifi-cance;

c. A detailed operational plan includingdescription of the proposed methods to beused for excavation, recovery, and storage ofartifacts and related materials on site;

d. An analysis of the extent and nature ofpotential environmental impacts to Sanctu-ary resources;

e. A plan for site restoration and remediation;

f. A statement of compliance with the Federalarchaeological program Executive Order11593 and federal statutes cited therein, andimplementing regulations and guidelines);

g. A signed agreement with an appropriateconservation facility detailing a plan for theconservation, curation and public display ofartifacts consistent with Federal law (36 CFRPart 79);

h. A signed agreement with a repository, i.e.,museum, archaeological center, laboratory orstorage facility managed by a university,college, museum, other educational orscientific institution, Federal, State or localgovernment agency, to provide professional,systematic and accountable curatorialservices on a long-term basis. Agreementsshall, at a minimum, include:

1. A statement that identifies who owns andhas jurisdiction over the collection;

2. A statement of work to be performed bythe repository, including how the artifactswill be stored, assessed, preserved,maintained, exhibited, and conserved;and


188

experienced in the conduct of marine sur-veys, the use of remote sensing equipment,and the examination and analysis of remotesensing readings for the purpose of identify-ing shipwrecks.

c. The location of a shipwreck should berecorded on a map using a standard coordi-nate system.

5. All SCRs located during a remote-sensing surveyshould be groundtruthed through seabed inspection,either by remotely operated vehicle or divers. Ship-wrecks should be examined to determine the nature,extent and integrity of the wrecked vessel, survivingcargo, and associated scattered wreckage, and tolocate any visible human remains.

6. SCRs shall be examined in a nondestructive andnondisturbing manner. Determinations of ashipwreck’s type, age, condition, and, when possible,specific identity shall be made without test excava-tions or removal of artifacts or other materials.

7. When test excavations are necessary or artifactsor other materials must be removed, i.e., if theshipwreck is embedded or encrusted, the amount tobe excavated or removed shall be as limited aspossible to make evaluations, and be done usingarchaeological methods. Any artifacts or othermaterials recovered from historic shipwrecks shall beconserved by a nautical conservator.

8. All tapes, equipment readings, field notebooks,and logs generated during surveys shall be collatedand archivally saved for future study.

9. Survey reports that describe the areas surveyed,survey methods used, and the results of the surveyshall be prepared and published. Copies of thereports shall be submitted to NOAA and the State ofFlorida.

G. Research/Recovery Permits

1. NOAA and the State of Florida agree that researchinvolving excavation, recovery or other intrusiveactivities will be prohibited, unless authorized andstrictly regulated by a research/recovery ordeaccession/transfer Special-use Permit issuedpursuant to section H.

2. Based upon the need to protect natural andhistorical resources, and the potential use of theresource for research, education, recreation, or other

permit. The terms of the performance bonds shall bedeemed fulfilled when the recovery activity is com-pleted in compliance with the permit, the recovereditems are properly conserved and analyzed, and thefinal report submitted pursuant to subparagraph(E)(8) is jointly reviewed and approved by NOAA andthe State of Florida.

13. The permittee, at his or her expense, shallprovide secure storage of artifacts. NOAA and Stateapproval of the storage facility may include thewaiver of the insurance requirements.

F. Survey/Inventory Permits

1. NOAA and the State of Florida agree that toadequately protect historical resources within theFKNMS it will be necessary to develop a detailedunderstanding of the number, nature, location, andhistorical significance of shipwrecks in the FKNMS.

2. To assess the number, nature, location, andhistorical significance of shipwrecks in the FKNMS,nonintrusive surveys of historical resources areencouraged. Survey/inventory activities that are non-intrusive, do not include any excavation, removal, orrecovery of historical resources, and do not result indestruction of, loss of, or injury to Sanctuary re-sources or qualities, do not require a permit. How-ever, if a survey/inventory activity will involve testexcavations or removal of artifacts or materials forevaluative purposes, a Survey/Inventory of HistoricalResources permit is required.

3. Applications to conduct surveys shall contain adescription of the methodology to be employed.Preference shall be given to applications for survey/inventory permits that propose employing superiorscientific methodologies and techniques, i.e., the useof magnetometers, side-scan sonar, sub-bottomprofilers, and remotely operated vehicles, if appropri-ate for the area being surveyed. No more than onepermit will be issued for a particular site for a particu-lar period of time. The duration of permits should notexceed five years.

4. Authorized survey activities shall be conductedaccording to the following minimum requirements:

a. Surveys should be conducted systematically,with sufficiently close lane spacing toprovide accurate, detailed coverage of thesurvey area;

b. Surveys should be conducted by a team thatincludes, at a minimum, persons trained or


189

public or private uses, use of historic resources insitu is preferred.

3. Recovery of historical resources may be appropri-ate if NOAA and the State of Florida determine thatsuch activity is in the public interest and that theremoval of historical resources may be necessary orappropriate to protect the resource, preserve histori-cal information and/or fulfill other NMSA purposes,such as land based research, education, publicaccess and appreciation.

4. Recovery of historical resources will only bepermitted as part of research to preserve the historicinformation for public use.

5. NOAA and the State of Florida will jointly deter-mine whether intrusive research/recovery should bepermitted on a case by case basis, weighing andbalancing the values and uses a particular shipwreckmay have, the potential public benefits to be derivedfrom the proposed recovery, and the potentialadverse effects to be caused by the proposedactivity. Only those recovery activities for which apublic interest is demonstrated and that further thepurposes and policies of the NMSA and FKNMSPAshall be authorized.

6. To determine whether a proposed recovery activityis in the public interest, NOAA and the State ofFlorida shall, at a minimum, consider the publicinterest consideration set forth in E.4 and the follow-ing:

a. The shipwreck’s current and potential futurevalues and uses and whether the proposedrecovery is consistent with or enhances suchvalues and uses;

b. The archaeological or historical significanceof the shipwreck site;

c. The structural integrity of the shipwreck siteand the potential adverse effects that mayresult from the proposed recovery; and

d. The environmental impacts of the proposedrecovery activity.

7. For any research/recovery activity proposed withinthe FKNMS, the artifacts and material remains thatare recovered from the shipwreck site shall remainpublic resources, unless transfer of title has occurredpursuant to a permit described in section H.

H. Deaccession/Transfer Special-use Permits

1. NOAA and the State of Florida agree that basedupon the potential use of historical resources forresearch, maintaining recovered resources togetherat one location as a collection is preferred. However,agreements for the curation and display of recoveredhistorical resources may provide for distribution ofartifacts in order to fulfill resource protection, re-search, education or other purposes of the Sanctu-ary.

2. The following types of artifacts are historicalresources and shall remain Sanctuary resources andshall not be unconditionally transferred to the privatesector, unless the NOAA Marine Archaeologist andthe State archaeologist (NOAA/State archaeologists)determine that the artifact is no longer of historicalinterest pursuant to paragraphs 11-13:

a. All portions of shipwrecks, which are of ar-chaeological interest and at least 50 yearsold, including, but not limited to, arma-ments, apparel, tackle, and cargo;

b. Any material remains, if they are at least 50years old and reflect past human life oractivities, or have social, cultural,archaeological, aesthetic, or religious signifi-cance with regard to past human life oractivities, found within or as part of ashipwreck, in the debris field of a shipwreck,or in an historical context. This includes, butis not limited to, any portion or piece ofcrafted items, modified raw materials,natural-state raw materials, food products,and paleontological remains.

3. NOAA and the State of Florida agree that theremay be instances in which certain historical re-sources are no longer of historical interest and,therefore, may be transferred into private ownership.

4. NOAA and the State of Florida agree that if theNOAA/State archaeologists determine that an objectis not an historical resource, pursuant to 2(a) or 2(b),it may be available to the party that recovered itpursuant to a valid Sanctuary permit.

5. NOAA and the State of Florida agree that if certainartifacts or portions of a collection of artifacts becomeavailable for transfer to the private sector, all of theartifacts shall have first been conserved, analyzed,interpreted in a published report, and in each in-stance, representative samples retained for research,education, or public display.


190

b. An intact collection is usually of higherhistorical value then unrelated artifacts;

c. Identical artifacts are usually of low histori-cal interest when a representative sample isretained in public ownership;

d. Similar artifacts are usually of low historicalinterest when a sample representing all typesis retained in public ownership;

e. Items of unmodified raw material are usuallyof low historical interest when a samplerepresenting the full range of variation isretained in public ownership;

f. Items of modified raw material are usually ofmoderate historical interest;

g. Items that are rare or unique are of highhistorical interest;

h. Items that have future potential forarchaeological, historical, cultural, orscientific research are of high historicalinterest.

12. The NOAA/State archaeologist shall determinethe final disposition of artifacts as follows:

a. Certain artifacts of high historical interest, oroverriding cultural or scientific importanceare not available for transfer of title;

b. All artifacts are available for loan or otheruses short of ownership as means ofgenerating revenue provided the permit conditions have been satisfied and artifacts areproperly cared for;

c. Items that are recovered illegally, or inviolation of a permit or condition thereof arenot available for transfer of title;

d. Certain artifacts of low historical interestmay be available for transfer of title.

13. The decision to transfer title is to be made by theNOAA/State archaeologists pursuant to the followingcriteria:

a. Items of low historical interest regardless ofage may be transferred;

b. Items greater than 50 years of age, andhaving moderate historical interest, may be

6. NOAA and the State of Florida agree that transferof artifacts may occur only after field operations andlaboratory analysis are completed and the final reportis approved by the NOAA/State archaeologists.

7. NOAA and the State of Florida agree that to theextent possible, the items transferred shall bepreserved and maintained as an intact collection andshall be made available for future study, publicinterpretation, and exhibition.

8. NOAA and the State of Florida agree that as acondition of transfer of ownership of artifacts, infor-mation on the recovery activity and the archaeologi-cal findings shall be disseminated by the permittee tothe scientific community and the public.

9. NOAA and the State of Florida agree that after anartifact has been conserved, analyzed, and inter-preted in a published report, the NOAA/State archae-ologists may determine that the significant historicalinformation has been preserved and that the artifactis no longer necessary for providing additionalsignificant scientific or humanistic understanding ofpast human behavior, cultural adaptation, and relatedtopics. In such an instance, the artifact may becomeavailable for transfer to the private sector.

10. NOAA and the State of Florida agree that thefollowing items, if determined by the NOAA/Statearchaeologists to be randomly deposited and foundoutside of a shipwreck, shipwreck debris field, orhistorical association and determined by the NOAA/State archaeologists to have no future potential forindicating any hitherto unknown or indefinite historicalresource, shall not be of historical interest and maybe transferred to the private party that recovered itunder the terms of a valid permit. Such items include:

a. Unworked minerals and rocks;

b. Modified raw materials (ingots, bullion,pigs);

c. Coins, gems, projectiles.

To determine whether the artifact may be availablefor transfer to the private sector, the NOAA/StateArchaeologists shall consider the factors listed inparagraphs 11-13.

11. The following criteria shall be applied to deter-mine whether an artifact is of historical significance:

a. Items with no archaeological association areusually of low historical interest;


191

transferred, provided that no such artifactsshall be conveyed until all conditions of adeaccession/transfer permit havebeen satisfied and representative sampleshave been retained;

c. Items of high historical interest shall not betransferred.

Action Plans: Volunteer

193

Volunteer Action Plan

This action plan identifies and describes thevolunteer activities that will be implementedthrough a variety of strategies in the Florida KeysNational Marine Sanctuary. The activities andstrategies within the plan are derived fromAlternative III, the most-balanced of the mid-range management alternatives. For each strat-egy, the component volunteer activities, existinglevel of program implementation, and organiza-tions or individuals that will be responsible forimplementing and conducting any new programsare outlined (Table 23). As volunteers are notpaid staff, funding levels have not been included.Also, because the rate and level of volunteeractivity implementation will be based largely onthe implementation of other strategy compo-nents, scheduling information is not currentlyavailable. Finally, although the plan includes themost complete set of volunteer activities, only asubset will be implemented in the first year ofSanctuary operation. They are, however, stillexpected to be a significant component of theSanctuary management process.

Introduction

Volunteer activities and programs are critical to thesuccess of many boating, recreation, fishing, waterquality, and education strategies in the SanctuaryManagement Plan. Based on the lack of fundingavailable to implement a variety of strategy compo-nents, and the success of the volunteer programs atboth the Key Largo and Looe Key National MarineSanctuaries, volunteers are seen as a valuableSanctuary resource.

In addition to supporting management activities in theSanctuary, the Volunteer Program will also helpcoordinate assistance in other Sanctuary-relatedtasks (e.g., administrative and office work), and willallow other agencies and groups in the state to worktogether in solving common management andadministrative problems.

Developing an Integrated Program. The VolunteerProgram will be the focal point for determining thetiming, source, type, and degree of volunteer assis-tance provided for each strategy in this plan. It will beused to develop an organized method for providingvolunteer assistance to the various public and privateinstitutions involved in implementing strategies withinthe Sanctuary. Accordingly, volunteer efforts will be

planned, deliberate actions designed to accomplishspecific management objectives.

A volunteer coordinator position was established in1992 through a national cooperative agreementbetween NOAA and The Nature Conservancy (TNC),and is jointly funded by the two organizations. Thecoordinator will be responsible for implementing theVolunteer Program, and will work directly with theSanctuary Superintendent to coordinate all volunteeractivities. The coordinator will also be responsible forensuring that the volunteer components of eachstrategy are fulfilled. This will require interaction withthe individuals (e.g., Sanctuary staff, interagencypersonnel, and others) responsible for implementingthe other components of the strategies in this plan.

How the Plan is Organized. This action plan isorganized in three sections: an introduction, descrip-tion of strategies, and a discussion of implementationconsiderations. The introduction provides back-ground information on the Volunteer Program andprovides a brief summary of volunteer programsalready in place at the Sanctuary. It also summarizesthe goals and objectives of existing and proposedvolunteer activities.

The strategy description section groups volunteeractivities based on whether they are components ofboating, fishing, recreation, research and monitoring,or education strategies. A volunteer program foradministrative support is also described, and relatedactivities currently in place are summarized. Inaddition, the agencies or organizations responsiblefor implementing the volunteer activities are identifiedfor each strategy.

The final section discusses some considerations forimplementing the plan. It emphasizes the supportingrole of volunteers in strategy implementation, andhow these efforts will be organized.

While the implementation schemes of many strate-gies in the Management Plan require volunteerassistance to be fully successful, the implementationscheme for specific strategies is only described indetail in the appropriate action plan.

Background

Requirements of the Volunteer Program. The type ofvolunteer participation implemented will depend onthe strategy to be completed. Although Keys-wide


194

Largo will be considered when new space allocationsare made. Each location should have two desks anda computer.

Personnel. The Volunteer Program has grown rapidlysince its inception in 1992. Because of the territorycovered, as well as the diversity of projects included,additional support staff will be required to assist theVolunteer Coordinator.

The strategies for the Management Plan, whichincludes the Volunteer Action Plan and all otheraction plans combined, have been grouped into threepriority levels, based on their relative importance orfeasibility. A strategy’s priority level is based on

community participation will be encouraged, selectedactivities will require specific technical skills. Volun-teers that are certified divers, for example, may beasked to be “buddy divers,” or boat owners may beasked to help implement certain on-water activities.Volunteers with boat maintenance and repair orcarpentry skills will also be needed to complete theactivities within some strategies.

Facilities. The Volunteer Coordinator’s office iscurrently located at the Sanctuary AdministrativeOffice in Marathon. It is considered centrally located,and it is expected that the office remain there.Additional temporary work space for volunteers isneeded, and sites in Key West, Marathon, and Key

Table 23. Summary of Strategies and General Sanctuary Support Items Requiring Volunteer Assistance

Associated Action Plans

Boating

B.1 Boat Access1 * --


B.3 Derelict Vessels

B.4 Channel/Reef Marking

Planned Level of Action in Year 1

B.9 Visitor Registration

B.10 Damage Assessment


F.9 Gear Removal

F.11 Gear/Method Impacts

R.1 SCR Management

R.2 Recreation Survey

Fishing


E.2 Audio-Visual Materials


E.4 Training/Workshops/School Programs

StrategiesPage

197

197

197

197

198

198

198

199

199

199

200

200

199

201

201

202

202 Low

E.5 PSAs

E.7 Promotional

E.10 Public Forum

E.11 Special Events

W.20 Monitoring


202

203

203

203

204

204

General FKNMS Support205

Office Support

Computer Support

205

205

Not Applicable

None

Low

Recreation200

Low

Education and Outreach201

Low

Low

Low

Low

Low

Low

Low

Research and Monitoring204

Low

Low

Marine and Dock Maintenance

Fundraising

Inter-organizational Volunteer Coordination

205

205

205 Not Applicable

Not Applicable

Not Applicable

Not Applicable

Channel Marking, Mooring Buoy

Research & Monitoring

Channel/Reef Marking, Regulatory

Regulatory, Research & Monitoring

Research & Monitoring

Regulatory, Submerged Cultural Resources

Education and Outreach, Water Quality

Education and Outreach


Research & Monitoring, Water Quality

Research & Monitoring, Water Quality

None

None

Medium

None

None

None

None

Group Leaders

Boat Captains

Special Projects

205

205

206 Not Applicable

Not Applicable

Not Applicable

Overall Sanctuary Priority Level +


1 Much of this strategy will be completed prior to year 1, however, it includes an activity that will continue indefinitely.

Low

High

Low

Low

Medium

Low

Low

Low

Medium

Low

Medium

Medium

Medium

Medium

Medium

Medium

Medium

High

High

High







195

Existing Programs

The National Marine Sanctuary Program has a history ofusing volunteers to assist with activities ranging frommaintenance tasks to public education programs at boththe Key Largo and Looe Key national marine sanctuaries.Volunteers currently help with office support, vessel andvehicle maintenance, underwater cleanup efforts, dataentry and database development, festival and specialbooth interpretive activities, mooring buoy installation andmaintenance, and special request response projects. Inaddition, they act as visiting group leaders, boat captains,and aerial and on-water interpreters. Based on thesuccess of these existing programs, it is expected thatvolunteer assistance in these and other program areaswill be an integral part of the Florida Keys National MarineSanctuary Program.

Sanctuary Management Assistance. The Sanctuary'svolunteer coordinator is currently working with Sanctuarymanagement to establish a framework for implementingeducation and outreach, research and monitoring, andother management strategies with a volunteer compo-nent. Volunteers are also visiting businesses and othersites in the Keys to determine their interest in displayingSanctuary materials, are interviewing businesses about

their knowledge of the Sanctuary program, and aredeveloping a list of questions commonly asked about theSanctuary. Existing volunteer programs that contribute toSanctuary management but are not specific Sanctuaryprograms include boat and marina surveys; the monitor-ing of corals, rocky intertidal areas, sponges, algae,mangroves, and Florida Bay salinity; and the delivery ofdive cards to dive shops. The Nature Conservancy hasdeveloped a Florida Bay Watch program that will usevolunteers to collect water samples.

Program Under Development. In addition to theseactivities, a major volunteer program is currently underdevelopment. It is a cooperative effort between theSanctuary Program and the Professional Association ofDive Instructors (PADI), using the association's expertiseto develop a more-comprehensive diver training programthat will lead to improvements in environmental monitor-ing techniques. Modules of the PADI program currentlybeing considered would focus on fish identification,artificial reef monitoring, reef cleanups, and marinearchaeology. After the development and application of apilot project, the program will be used as the prototype forsimilar programs in other national marine sanctuaries.

factors such as available funding, costs, personnelrequirements, timing, levels of existing implementa-tion, and existing legislative/regulatory authority. Thehigh priority level includes the 16 most importantstrategies. The medium priority level contains 36strategies that represent the next level of importanceto the sanctuary and will have some level of activityin year one. Low priority items contain the remainingstrategies in the Management Plan. Those strategiesplanned for completion in or before year one do nothave a priority level.

Volunteer Strategies. Volunteers will help implement21 management strategies. Strategy B.1, BoatAccess, is an existing program and will be completedin year 1. The two highest-ranking strategies (bothhigh priority level) requiring volunteer assistance areChannel Marking (B.4) and Monitoring (W.20). Otherhigh priority level strategies requiring volunteerassistance include Printed Materials (E.1) andEcological Monitoring (W.33). In addition, ninemedium priority level strategies will require volunteerassistance, and each will have some level of activityin year 1. The seven remaining strategies with avolunteer component are a low priority level, and arenot expected to be implemented in year 1.

Types of Volunteer Assistance. This plan describesthe level and type of assistance that each strategywith a volunteer component is expected to have.

However, volunteer needs may change based onstrategy modifications. In addition, the type of effortcurrently expected may not be required duringimplementation, and a different type of effort may berequired once a strategy is in place. Also, volunteersmay be useful in implementing strategies not cur-rently included in this plan, and they will help com-plete a number of additional tasks, including officeand computer support and Sanctuary maintenanceactivities. They will also assist other agencies andorganizations with programs that complement theSanctuary Program’s goals.

Relationship to Other Action Plans. Because ofthe nature of the education strategies, volunteers willprovide a useful, economical, and efficient means ofstrategy implementation. Volunteers will also assist inactivities that are components of the Channel/ReefMarking, Enforcement, Mooring Buoy, Research andMonitoring, and Water Quality action plans. As notedpreviously, the details of the overall implementationschemes for the strategies in these action plans canbe found in the specific plan. This action plan onlydescribes the volunteer assistance expected to berequired for each strategy.


196


Sanctuary Goals. One goal of the Volunteer Pro-gram is to support efforts to improve public educationand awareness about the Sanctuary. Another is toprovide information to Sanctuary managers to allowthem to make more informed decisions and updatethe overall Management Plan. Volunteers alsoprovide a mechanism for involving the community inSanctuary activities, and represent a valuableresource to accomplish a variety of additional Sanc-tuary tasks. Because of limited funding, volunteerassistance will be critical to the ultimate success ofmany Sanctuary strategies. Volunteers will assist in avariety of Sanctuary activities including research andmonitoring, education and outreach programs,underwater projects, Sanctuary representation atcertain events and functions, and office/administra-tive tasks.

Another goal of the Sanctuary Volunteer Program isto develop a strategy to target recruitment of volun-teers. The strategy will propose approaches togenerating interest in the Program; explore sourcesto recruit from ( i.e. community groups, churches,neighborhood associations, other volunteer groups,government agencies); encourage schools to startnature clubs from which volunteers may be recruited;and explore ways to appeal to potential volunteerswith a diversity of interests and skills. The strategywill define training areas, qualifications (such asboating and diving skills or research knowledge), andwho will provide the new volunteer’s training. Thenew strategy will provide recognition for the volun-teers that will help keep them involved and interestedand put a high priority in providing them a sense ofstewardship.

Sanctuary Objectives. The overall objective of theVolunteer Program is to develop a system of publicinvolvement in supporting the Sanctuary Program ina “hands-on” manner. Volunteers will support manySanctuary activities that would otherwise not beaccomplished as efficiently.


197

The implementation scheme for this strategy isdescribed in the Channel/Reef Marking ActionPlan. The strategy is also included in the MooringBuoy Action Plan.

Strategy B.2:Habitat Restoration

Conduct a program of restoration research at repre-sentative habitat sites within the Sanctuary; developa restoration plan and implement restoration atseverely impacted areas. Monitor recovery pro-cesses.

• Serve as “Buddy Divers" and UnderwaterAssistants . The Keys population contains manyindividuals with a scientific background. Volunteerswill assist researchers with habitat restoration bybecoming “buddy divers" and underwater assistants.

Existing Program Implementation. For severalyears, volunteers have helped with scientific researchprojects at the Key Largo and Looe Key nationalmarine sanctuaries by acting as “buddy divers" on anad-hoc basis.

Implementation. The Volunteer Coordinator will beresponsible for implementing this activity. Overall,NOAA and the FDEP will be the lead agenciesresponsible for strategy implementation. Variousnongovernmental organizations (NGOs) will assist inimplementation.

The implementation scheme for this strategy isdescribed in the Research and Monitoring ActionPlan.

Strategy B.3:Derelict Vessels

Develop a removal and disposal plan for derelict andabandoned vessels throughout the Sanctuary,streamline the existing permitting process, andrequire the removal of derelict and abandonedvessels throughout the Sanctuary.

Assist in a Survey of Abandoned and DerelictVessels . Volunteers will assist in surveying forderelict vessels and recording information about thelocation, type, size, and weight of such vessels.

Existing Program Implementation. Volunteers,especially boat captains, have contacted representa-


Boating

Six boating strategies have a volunteer component.Volunteers will help with boater surveys, underwaterhabitat restoration projects, the removal and disposalof abandoned and derelict vessels, channel/reefmarking, and other activities.

Boating Strategies

B.1: Boat Access• Assist in a public-access survey

B.2: Habitat Restoration• Serve as "buddy divers" and underwater

assistants

B.3: Derelict Vessels• Assist in a survey of abandoned and derelict

vessels

B.4: Channel/Reef Marking• Help map channel/waterway marking areas

B.9: Visitor Registration• Serve as registrars for the Sanctuary

B.10: Damage Assessment• Assist the damage assessment

team


Conduct a survey to assess public and private boataccess throughout the Sanctuary.

•Assist in Updating Public-Access Survey .Volunteers will assist in updating information to beincluded in the marine facilities database.

Implementation. The Volunteer Coordinator will beresponsible for organizing volunteer assistance. TheFlorida Department of Environmental Protection(FDEP) will be the lead agency responsible forimplementing this activity. NOAA and Monroe Countywill provide support.


198

tives of the Key Largo and Looe Key national marinesanctuaries when derelict vessels have been identi-fied.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, the FDEP will beprimarily responsible for strategy implementation.Monroe County, NOAA, and NGOs will aid in imple-mentation efforts.

Strategy B.4:Channel/Reef Marking

Establish a channel/waterway marking systemthroughout the Sanctuary.

• Help Map Marking Areas. Volunteers will assist inassessing boater-use and impact levels. They willalso help develop a standardized marking system,determine the criteria used to evaluate which chan-nels will be marked, and install channel/reef markers.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA and MonroeCounty will share the lead responsibility for strategyimplementation. The U.S. Coast Guard (USCG) andthe FDEP will provide secondary implementationsupport.

The implementation scheme for this strategy isdescribed in the Channel/Reef Marking ActionPlan. This strategy is also included in the Regula-tory Action Plan.

Strategy B.9:Visitor Registration

Establish a voluntary visitor registration program toassess user activity in the Sanctuary.

• Serve as Registrars for the Sanctuary. Volun-teers will work with Sanctuary staff at marinas, localchambers of commerce, visitor centers, Sanctuaryoffices, and other Federal, State, and local agenciesto conduct surveys of areas visited most frequently,and types of visitor activities. The goal is to evaluateSanctuary-use patterns.

Existing Program Implementation. Sanctuaryofficers have informally gathered information onvisitor-use patterns for the past 17 years.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for implementing thisstrategy. The FDEP will provide secondary imple-mentation support.

Strategy B.10Damage Assessment

Establish damage assessment standards for vesselgroundings in the Sanctuary.

• Provide Assistance to Damage AssessmentTeam. Volunteers will assist the damage assessmentteam by helping with equipment, measurements, andother activities related to underwater damage as-sessment activities.

Existing Program Implementation. NOAA and theFDEP are currently planning to establish damageassessment procedures.


Fishing

Three fishing strategies have a volunteer component.Volunteers will assist in research activities and on-water programs.

Fishing Strategies

F.7: Artificial Reefs• Assist in data collection

F.9: Gear Removal• Assist in gear removal

F.11: Gear/Method Impacts• Assist with research on low-impact fishing gear


199

Existing Program Implementation. The ongoingSanctuary/PADI project includes a gear-removalcomponent.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for strategy implementation.The process for developing and implementingregulations is described in the Regulatory ActionPlan.

Strategy F.11:Gear/Method Impacts

Conduct research on alternative fishing gear andmethods that minimize impacts on habitat. Implementa voluntary program to encourage the use of low-impact gear and methods. Implement regulations torequire the use of low-impact gear and methods inpriority areas. Characterize harvesting stressesaffecting outer and inshore reefs and hardbottomecosystems.

• Assist with Research on Low-Impact FishingGear. Volunteers will assist Sanctuary staff byresearching the use of low-impact fishing gear andmethods.

Implementation. The Volunteer Coordinator willadminister this activity. The South Atlantic and theGulf of Mexico fisheries management councils andthe Florida Marine Fisheries Commission (FMFC) willshare the lead responsibility for strategy implementa-tion. The FDEP and NMFS will provide secondaryimplementation support.


Strategy F.7:Artificial Reefs

Conduct research on the impacts of artificial reefs onfish and invertebrate populations for long-termmanagement, including location, size, materials, etc.Monitor and evaluate habitat modification caused bythe installation of marine structures. Assess anddevelop regulations for artificial reef construction, andevaluate habitat suitability for artificial reefs.

• Assist in Data Collection. Volunteers will assistresearchers in gathering information on the impactsof artificial reef development on fish and invertebratepopulations. They will also help compile informationabout habitat modifications resulting from artificialreef construction.

Existing Program Implementation. An ongoingSanctuary/Professional Association of Dive Instruc-tors (PADI) project involves training volunteer diversin underwater data-collection techniques. Trainingdivers in artificial reef data-collection techniques isone element of the project. NOAA, the PADI, FloridaSea Grant, and other NGOs are involved in develop-ing this project.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, the FDEP will be thelead agency responsible for implementing thisstrategy. The National Marine Fisheries Service(NMFS), Monroe County, and Florida Sea Grant willprovide secondary implementation support.


Strategy F.9:Gear Removal

Develop a program for the removal of lost or out-of-season fishing gear, and implement in all areas of theSanctuary.

• Assist in Gear Removal. As soon as the areasconsidered high-priority for cleanup have beenidentified and removal methods determined, volun-teers will assist in removing abandoned fishing gearand traps. This activity will complement the generalunderwater cleanups that occur several times a year.


200

The implementation scheme for this strategy isdescribed in the Submerged Cultural ResourcesAction Plan. This strategy is also included in theRegulatory Action Plan.

Strategy R.2:Recreation Survey

Establish a routine survey of recreational activitiesand use levels within the Sanctuary through a surveyof charter and recreational-for-hire vessels, interceptsurveys at access points and launch sites, andperiodic field surveys.

• Assist in Implementing the Recreation Survey.Volunteers will help conduct a survey to determinetypes, levels, users, and locations of recreationactivities within the Sanctuary. They also will assistin interviewing captains of charter and recreational-for-hire vessels and the general public at accesspoints, launch sites, and on the water. The surveywill collect information on operator and safetyequipment and visitor behaviors, such as the use ofgloves and buoyancy vests.

Existing Program Implementation. Volunteers haveinterviewed commercial boat captains as part of therecreation survey.

Implementation. The Volunteer Coordinator willimplement and administer this activity. Overall,NOAA will be the lead agency responsible forstrategy implementation.

Recreation

Two recreation strategies have a volunteer compo-nent. They will primarily involve data-collectionefforts.

Recreation Strategies

R.1: SCR Management• Assist in inventorying submerged cultural

resources• Volunteer training program

R.2: Recreation Survey• Assist in implementing the recreation survey

Strategy R.1:SCR Management

Develop and implement a program to managesubmerged cultural resources. Conduct an inventoryof submerged cultural resources and assess surveyand extraction techniques within the Sanctuary.Require permitting throughout the Sanctuary.

• Assist in Inventorying of Submerged CulturalResources. Volunteers will assist Sanctuary staff incompiling an inventory of submerged cultural re-sources, and will assist researchers in compilingspecific site data (including name, age, integrity, andhistorical significance). Volunteers will also helpdevelop a shipwreck survey and a comprehensivebibliography.

Existing Program Implementation. The ongoingSanctuary/PADI project includes a module forinventorying and mapping SCRs.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for strategy implementation.

• Volunteer Training Program. A volunteer trainingprogram will be established to provide a mechanismfor general public involvement in SCR research,documentation, and management.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, the National ParkService (NPS) and Florida Division of HistoricalResources (FDHR) will share responsibility forstrategy implementation.


201


Every education and outreach strategy (except E.6)has a volunteer component, and volunteer assistanceis critical to the success of the Sanctuary's Educationand Outreach Program.

Strategy E.1:Printed Materials

Develop printed materials to promote public aware-ness of the impact of their activities, both land andwater-related, on the Sanctuary’s resources andenvironmental quality. Promote the proper use ofequipment used for these activities in order tominimize adverse impacts to natural resources.Materials will include brochures, posters, newsletters,contributions to periodicals, environmental nauticalcharts, color environmental atlases, and a colorperiodical. Distribute materials in bulk to high-interception locations (e.g., marinas, boat ramps,dive shops, other businesses, etc.), and include bulkmailings as a means of distribution.

• Assist Sanctuary Staff in Developing andDistributing Printed Materials. Volunteers willassist the Education and Outreach Program staff bygathering references and developing artwork forprinted materials. They will also help distribute thematerials to high-interception locations. In addition,volunteers may provide the translations for multilin-gual materials.

Existing Program Implementation. Volunteers haveassisted with the production of printed materials andthe distribution of brochures.


The implementation scheme for this strategy isdescribed in the Education and Outreach ActionPlan.

Strategy E.2:Audio-Visual Materials

Inventory and use existing videos, films, and audio-visual environmental education materials portraying

activities in the Florida Keys and their impacts onSanctuary resources. Produce a limited number ofaudios/videos to address gaps in available materials,and to address major activities including boating,fishing, diving, etc. Materials will be available atSanctuary offices and will be distributed to keylocations (dive shops, etc.) throughout South Florida.

Assist in Developing the Audio-Visual Libraryand Audio-Visual Products. Volunteers will helpassemble available audio-visual environmentaleducation materials, and will also assist in producinga limited number of audios/videos to address gaps inavailable materials. The goal is to create a library foruse by the public, private organizations, and Sanctu-ary staff.

Existing Program Implementation. Volunteers arecurrently assisting the staff at the Key Largo NationalMarine Sanctuary by cataloging videos and assem-bling a slide library.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be the

Education and Outreach Strategies

E.1: Printed Materials• Assist Sanctuary staff in developing

and distributing printed materials

E.2: Audio-Visual Materials• Assist in developing the audio/video

library and audio and video products

E.3: Signs/Displays/Exhibits• Assist in developing and installing

Sanctuary signs/displays/exhibits

E.4: Training/Workshops/School Programs• Assist in training, workshops, and school

programs

E.5: PSAs• Assist in developing public service

announcements

E.7: Promotional• Assist in developing promotional materials

E.10: Public Forum• Assist in preparing for public meetings• Volunteers speakers bureau• Assist with Sanctuary watch hot line

E.11: Special Events• Assist at trade shows and special events


202

lead agency responsible for implementing thisstrategy. The FDEP will provide secondary imple-mentation support.


Strategy E.3:Signs/Displays/Exhibits

Develop signs/displays at high-use areas, all publicand some private boat ramps, and some publicbeach access areas, to inform participants in water-based activities of regulations and environmentallysound practices, provide navigation information, andpromote awareness of nearby sensitive areas.Portable displays will also be produced with informa-tion on Sanctuary resources, regulations, environ-mental quality, etc. Most of the signs will be multilin-gual. Targeted multimedia displays will be developedwith information and impacts on the Sanctuaryrelevant to the activity targeted. A number of waysideexhibits will be installed.

Develop a user-friendly computer system containinginformation on regulations, access, recreational sites,environmental etiquette, etc. for visitor use at se-lected sites throughout the Sanctuary within fiveyears.

• Assist in Developing and Installing SanctuarySigns/Displays/Exhibits. Volunteers will assist theEducation and Outreach Program staff in producingand installing multilingual signs and static displaysand will advise staff on the placement of the signsand displays. They will also help set up and takedown traveling exhibits, and will compile informationfor the development of a user-friendly computersystem.



Strategy E.4Training/Workshops/School Programs

Develop opportunities for instruction and training.This will include programs conducted by teachers,Sanctuary staff, and volunteers. Training programs(e.g., Coral Reef Classroom, submerged culturalresources, etc.) will also be provided for teachers,environmental professionals, business owners andoperators, and law enforcement officials.

• Assist in Training, Workshops, and SchoolPrograms. This activity will result in a formal trainingprogram for new volunteers, involving basic educa-tion/orientation about the marine Sanctuary program,as well as task-oriented training that will enablevolunteers to assist with in-school presentations andon-site programs.

Existing Program Implementation. The Sanctuary'sVolunteer Program Coordinator currently assists withthe Sanctuary Program orientation.


• Deliver Education Message at the Resource.Volunteers located at popular sites where the publicis likely to access the resource will help to deliverresource education and interpretation at the site ofthe resource (i.e., Team O.C.E.A.N.).

Existing Program Implementation. Currently educa-tion staff provide program orientation and support forthis activity. Sanctuary vessels are made availablefor this activity.

Implementation. Overall, NOAA will be the leadagency responsible for implementing this strategy.The FDEP will provide secondary implementationsupport.

The implementation scheme for these strategiesare described in the Education and OutreachAction Plan. A component of this strategy is alsoincluded in the Water Quality Action Plan.


203

Existing Program Implementation. Volunteerscurrently assist the education staff at the Key LargoNational Marine Sanctuary office by displayingbrochures for walk-in visitors.



Strategy E.10Public Forum

Establish a program to ensure public involvementthroughout South Florida in Sanctuary activities byholding public meetings and promoting Sanctuaryawareness to extracurricular groups.

• Assist in Preparing for Public Meetings. Volun-teers will help Sanctuary staff organize public meet-ings, and will help develop a limited number ofprinted materials to support presentations to externalorganizations (4-H clubs, scouts, etc.) and NGOs.

Existing Program Implementation. Volunteerscurrently help Sanctuary staff compile informationpackets for Advisory Council meetings.


• Form a Volunteer Speakers Bureau. Selectedvolunteers will be recruited and trained to deliverpublic programs to groups in South Florida. They willprovide information about the Sanctuary to a widerrange of groups than the staff can currently reach.



Strategy E.5:PSAs

Establish a program to promote Sanctuary goals andactivities through public service announcements(PSAs) in South Florida, with some national andinternational public exposure, that presents anoverview of the Sanctuary, its resources, and theirecological significance for routine distribution toradio, cable television stations, and newspapers.Develop editorial/contributions for other printedmedia. Funds will be spent on routine media expo-sure. PSAs would focus on participants in water-related and other activities that affect the Sanctuary(boaters, divers, household etc.). These materials willalso be organized into a press packet.

• Assist in Developing PSAs. Volunteers will helpproduce multilingual public service announcementsfor radio and television, and will translate materialsfor printed media. Spanish-speaking volunteers, forexample, will assist in producing PSAs broadcast inSpanish on Miami television and radio stations.Volunteers will also help compile and distribute apress packet.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for implementing thisstrategy. The FDEP and NGOs will provide second-ary implementation support.


Strategy E.7:Promotional

Promote educational materials, including bilingualmaterials and other information about the Sanctuaryand its resources, at existing Sanctuary offices andlocal chambers of commerce. Establish interagencyvisitor centers with the U.S. Department of Interior(USDOI) and the Florida DEP.

• Assist in Developing Promotional Materials.Volunteers will help establish visitor booths/displaysin Sanctuary offices, chambers of commerce, and atan interagency visitor center. They will also helpidentify other no-cost/low-cost spaces to displayeducational materials.


204

Strategy E.11:Special Events

Organize, support, and/or participate in specialevents (e.g., trade shows, expositions, grand open-ings, etc.) that allow for the exchange of Sanctuaryinformation. The Sanctuary will cosponsor a numberof conferences and workshops, with selected solesponsorship of some events. This would include a"Sanctuary Awareness Week" and a "grand opening"to the Sanctuary. The Sanctuary Program wouldcosponsor other "awareness" events/weeks (e.g.,National Fishing Week, etc.).

• Assist at Trade Shows and Special Events.Volunteers will assist Sanctuary staff at trade shows,local festivals, and special events.


The implementation of this strategy is describedin the Education and Outreach Action Plan.


Two research and monitoring strategies have avolunteer component. Volunteers will assist Sanctu-ary staff with many of the research activities in eachstrategy.

• Provide Monitoring Assistance. Volunteers willassist with the monitoring program to obtain informa-tion on the status and trends of the Sanctuary's waterquality parameters and biological resources. This willinclude collecting samples for evaluating watercolumn and sediment parameters. Volunteers willalso help sample seagrass, hardbottom, and man-grove communities.

Existing Program Implementation. The NatureConservancy has developed a Florida Bay Watchprogram to incorporate volunteer efforts into a water-sampling program.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, EPA and the FDEPwill be the lead agencies responsible for implement-ing this strategy.

The implementation scheme for this strategy isdescribed in the Water Quality Action Plan.

Strategy W.33:Ecological Monitoring

Develop and implement a Sanctuary-wide, extensiveecosystem monitoring program. The objective of theprogram will be to monitor the status of variousbiological and ecological indicators of system compo-nents throughout the Sanctuary and adjacent areas,in order to discern the local and system-wide effectsof human and natural disturbances, and assess theoverall health of the Sanctuary.

• Assist in the Monitoring Program. Volunteers willhelp collect data on the status and trends of variousecological indicators. Volunteers will collect “pres-ence and absence” data to provide fisheries re-searchers with additional information.

Existing Program Implementation. The Atlantis DiveCenter in Key Largo is currently conducting a volun-teer training program that teaches fish identificationand data-collection techniques, as well as how toachieve high data confidence. In addition, The NatureConservancy has developed and implemented avolunteer diver training program to compile informa-tion on the location and health of certain coralspecies, and the Sanctuary/PADI cooperative projecthas a module which includes benthic monitoring.Additionally, Reef Relief is currently conducting aphoto-monitoring program on corals in the LowerKeys.

Research and Monitoring Strategies

W.20: Monitoring• Provide monitoring assistance

W.33: Ecological Monitoring• Assist in the monitoring program

Strategy W.20:Monitoring

Conduct a long-term, comprehensive monitoringprogram as described in the EPA Water QualityProtection Program.


205

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for office databases.

Marine and Dock Maintenance . Volunteers will helpwith marine maintenance and dock maintenanceactivities, including mooring buoy installation, repairs,and cleaning; vehicle maintenance; boat mainte-nance; grounds maintenance; and storage shed anddock area cleaning.

Existing Program Implementation. Volunteerscurrently help marine mechanics with vehicle, vessel,and dock maintenance.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for marine maintenanceactivities and dock maintenance at Sanctuary offices.

Fundraising. Volunteers will help with fundraisingactivities, including researching what grants areavailable and providing assistance in developinggrant proposals.

Existing Program Implementation. Volunteerscurrently assist Sanctuary staff in reading the FederalRegister on a weekly basis to identify availablefunding sources.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for fundraising activities.

Inter-organizational Volunteer Coordination.Volunteers will coordinate with staff from othergovernment agencies and NGOs involved in Sanctu-ary activities. The goal is to provide volunteer assis-tance for projects administered by other agenciesand organizations that support the Sanctuary.

Implementation. The Volunteer Coordinator willadminister this activity.

Group Leaders. Volunteers will be recruited andtrained to lead specific projects conducted by groupsvisiting the Keys.

Existing Program Implementation. Volunteerstrained by Sanctuary staff currently lead someSanctuary projects. Volunteers also lead group reefcleanups, and train and lead others in underwaterenvironmental monitoring efforts.


Implementation: The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for implementing thisstrategy. The FDEP will provide secondary imple-mentation support.


General FKNMS Support

Volunteer assistance is an integral part of manySanctuary activities not associated with specificstrategies. Volunteers will assist with general officeand computer support tasks, maintenance activities,fundraising, and other important program elementsas detailed below.

General Support Items

• Office support• Computer support• Marine and dock maintenance• Fundraising• Inter-organizational volunteer coordination• Group leaders• Boat captains• Special projects

Office Support. Volunteers will provide generaladministrative support at the Sanctuary offices,including answering telephones, copying materials,preparing mailings, greeting visitors, and other dutiesas assigned.

Existing Program Implementation. Volunteers arecurrently assisting staff at the offices with generaladministrative activities.

Implementation. The Volunteer Coordinator willadminister this activity. Overall, NOAA will be thelead agency responsible for administrative activities.

Computer Support . Volunteers will assist with dataentry at several Sanctuary offices. Databases areupdated on a daily or weekly basis, and volunteerswill help develop databases or modify programs asrequested by Sanctuary staff.

Existing Program Implementation. Volunteerscurrently help the staff update their education data-base.


206

Boat Captains. Volunteers will be trained to operateSanctuary vessels.

Existing Program Implementation. Volunteerspiloting Sanctuary vessels for visiting researchersand other volunteer programs.


Special Projects. Volunteers will be contacted on anas-needed basis for special projects and one-timeSanctuary events.

Existing Program Implementation. Each summer,dive shops and volunteers are contacted to helpmonitor when coral spawns.


Implementation

The purpose of the plan is to explain that volunteerefforts will be planned, deliberate actions designed toaccomplish specific management objectives. Allvolunteer efforts will be organized and directed by aSanctuary volunteer coordinator. However, theVolunteer Program is not a stand-alone componentof the Sanctuary Program, and its success dependson its full integration into all Sanctuary programs andactivities. All strategies in this plan will be imple-mented by a mix of agencies and organizations,some local and some national, as detailed in theaction plans containing the specific strategies. TheCoordinator will ensure that the volunteer portions ofthe strategies are implemented. This will require thatthe Coordinator work with Sanctuary staff, otheragencies, and NGOs to implement volunteer activi-ties. In cooperation with these agencies and groups,the timing, scope, and scale of volunteer effort foreach strategy will be determined.

An implementation schedule is not included for eachof the activities. Volunteer assistance will be used asmuch as possible within the boundaries of strategyimplementation schedules described in the respec-tive action plans. In addition, because these actionsare voluntary, requiring little or no resources, fundingdata are not included (aside from the general infor-mation listed below). Cost estimates and personnelestimates are also excluded from this plan, sincethey are not appropriate and/or are already ac-counted for in the implementing action plans. Fund-

ing data and cost and personnel estimates arespecified in the action plans listed at the end of eachstrategy description.

Not all of the volunteer activities listed in this plan willbe implemented in year 1. Elements of certainstrategies will begin in year 1 (e.g., volunteersinventorying visitor centers and businesses desiringSanctuary displays), and Sanctuary managers willplay a major role in determining priorities whenseveral strategies need to be implemented simulta-neously.

The Sanctuary's Volunteer Program will be fundedjointly by NOAA and The Nature Conservancy. In1992 the program budget was $48,300 and includedthe salary of the Volunteer Coordinator, travel,supplies, equipment (including a computer), anduniforms. In 1993, the program budget was $56,200.As the Program grows, the funding needs will in-crease. The Program demands are already increas-ing, and additional staff are needed to support thegrowing number of volunteers. NOAA and TheNature Conservancy must continue to support theVolunteer Program at a level that enables the neces-sary volunteer resources to be provided to theSanctuary Program.

Action Plans: Water Quality

207

Water Quality Action Plan

The purpose of this action plan is to describe thesuite of activities—including corrective actions,monitoring, and research—that are proposed todeal with water quality problems in the FloridaKeys National Marine Sanctuary. Each activity isderived from the set of management strategiesincluded in Alternative III. Although this is thefinal set of water quality activities for the Sanctu-ary, only a subset may be implemented due to alimited budget. The Water Quality ProtectionProgram Document should be consulted fordetailed information about water quality activitiesin the Keys. Table 24 summarizes key informationabout the implementation of water quality strate-gies.

Introduction

Recognizing the critical role of water quality inmaintaining Sanctuary resources, Congress directedthe U.S. Environmental Protection Agency (EPA) andthe State of Florida to develop a Water QualityProtection Program for the Sanctuary. The purposeof the Program is to “recommend priority correctiveactions and compliance schedules addressing pointand nonpoint sources of pollution to restore andmaintain the chemical, physical, and biologicalintegrity of the Sanctuary, including restoration andmaintenance of a balanced, indigenous population ofcorals, shellfish, fish and wildlife, and recreationalactivities in and on the water” (Florida Keys NationalMarine Sanctuary and Protection Act). In addition tocorrective actions, the Act also requires the develop-ment of a water quality monitoring program andprovision of opportunities for public participation in allaspects of developing and implementing the Pro-gram. This action plan is an abbreviated version ofinformation contained within the Water QualityProtection Program Document.

How the Plan is Organized. This action planoutlines the Sanctuary’s proposed water qualityactivities according to the set of strategies includedwithin the Preferred Alternative. The strategiesprovide a mechanism for achieving the goals of theProgram. The plan is organized into three sections:1) Introduction, 2) Description of Strategies, and 3)Implementation.

The introduction summarizes the goals and objec-tives of the Water Quality Action Plan and providesbackground on the development of the Plan.

The description of strategies section summarizesstrategies grouped according to nine themes:

• Florida Bay/external influences;

• domestic wastewater;

• stormwater;

• marinas and live-aboards;

• landfills;

• hazardous materials;

• mosquito spraying;

• canals; and

• research/monitoring.

To the extent possible, each strategy is broken downinto its component activities. Activity descriptionsdiscuss existing program implementation (if any), theparties responsible for implementation (responsibleagency, primary role, or assisting role), and a pro-posed schedule for implementation.

The implementation section details how the entiregroup of strategies comprising the Water QualityAction Plan will be implemented. It summarizespriorities, implementing agencies, schedules, costs,geographic focus, personnel and equipment require-ments, contingency planning for changing budgets,and how Program effectiveness will be evaluated.

Background

The strategies for the Management Plan, whichincludes the Water Quality Action Plan and all otheraction plans combined, have been grouped into threepriority levels, based on their relative importance orfeasibility. A strategy’s priority level is based onfactors such as available funding, costs, personnelrequirements, timing, levels of existing implementa-tion, and existing legislative/regulatory authority. Thehigh priority level includes the 16 most important


208

Table 24. Summary of Water Quality Strategies

3

Overall Sanctuary

Priority Level

Months to

Complete

Florida Bay/External Influence

Domestic Wastewater

W.19 Florida Bay Freshwater Flow Medium 100% 2 10

W.24 Florida Bay Influence High 3 5

W.1 OSDS Demonstration Project High 100% 2 5

W.2 AWT Demonstration Project Low 2 4

W.3 Wastewater Management Systems 4 8

W.4 Wastewater Disposal, City of Key West Low <50% 2 6

W.5 Water Quality Standards 2 4

Planned Level

of Action in Year 1 (FY 94)

Funding for Full

Implemen-tation


be Undertaken

Numberof

Institutions

<50%

W.6 NPDES Program Delegation -- 100% 1 2

W.7 Resource Monitoring of Surface Discharges 1 2

W.8 OSDS Permitting None 3 3

W.9 Laboratory Facilities 2 3

Stormwater

W.11 Stormwater Retrofitting Low <50% 2 4

W.12 Stormwater Permitting -- 100% 1 5

W.13 Stormwater Management 2 7

W.14 Best Management Practices 1 8

Marinas and Live-Aboards

B.7 Pollution Discharges <50% 5 5

Z.5 Special-use Areas 3 5

L.1 Marina Pump-Out 3 8

L.6 Mobile Pump-Out 1 2

L.2 Marina Sitings and Design 1 3

L.3 Marina Operations None 3 5

E.4 Training/Workshops/School Programs 1 2

Low

None

Medium

Landfill

L.7 SWD Problem Sites

<50%

3 3

Hazardous Material

W.15 HAZMAT Response 3 5

W.16 Spill Reporting 2 3

L.10 HAZMAT Handling 1 4

Mosquito Spraying

W.17 Mosquito Spraying High 75-99% 4 2

W.18 Pesticide Research None 3 3

Canals

W.10 Canal WQ Low 8 5


W.20 Monitoring High 4 2

W.21 Predictive Models Low 2 4

W.22 Special Studies: Wastewater Pollutants 1 4

W.23 Special Studies: Other Pollutants and WQ Problems None 75-99% 4 6

W.28 Regional Database 3 3

W.29 Dissemination of Findings 4W.32 Technical Advisory Committee * -- 1 3

W.33 Ecological Monitoring Program

Low

High

Low100%

Refer to Research and Monitoring Action Plan

High

StrategiesPage

210

210

212

212

213

214

214

216

217

217

217

218

219

220

220

220

221

222

222

223

224

225

225

226

226

227

228

228

229

229

230

231

231

231

232

233

233

235

236

237

237

238

238

239240

240

+


36+

48

36

36

36

48

60+

24

36

36

36

60+

0

24

36

48

12+

60

36

36

36

24

60+

36

24

36

12

36+

60

60+

12+

36

36

12

60+0

<50%

None <50%

Low 100%

100%

None <50%

Medium

Low

100%

<50%

Low <50%

<50%

None <50%

100%

<50%

None <50%

Low <50%

Low <50%

None ?

<50%

<50%

<50%

<50%

<50%

100%

<50%

++

++ Began October 1, 1993

High

High

High

Medium

High

High

Medium

*Low

Low

Low

Medium

*

Medium

Medium

Medium

Medium

High

Medium

Low

Medium

Medium

Medium

Medium

Low

Medium

High

High

High

High

High

High

Medium

High

High

Medium

<50%

Medium


209

strategies. The medium priority level contains 36strategies that represent the next level of importanceto the Sanctuary and will have some level of activityin year one. Low priority items contain the remainingstrategies in the Management Plan. Those strategiesplanned for completion in or before year one do nothave a priority level.

Water Quality Strategies. The Water Quality ActionPlan contains 37 strategies. Three of these (NPDESProgram Delegation (W.6), Stormwater Permitting(W.12), and Technical Advisory Committee (W.32),will be completed within the first year of Sanctuaryoperation (Table 24). Of the remainder, 14 are highpriority level, 15 are medium priority level, and 15 arelow priority level. Consequently, 29 water qualitystrategies that are included in this plan are expectedto be initiated within the first year of Sanctuaryoperation.

The action plan strategies will be implemented by acombination of Federal, State, and local agencies(Table 25). The EPA and the Florida Department ofEnvironmental Protection (FDEP) will have lead rolesin the implementation of most strategies included inthis plan. Others, however, such as the South FloridaWater Management District (SFWMD), MonroeCounty, the Florida Department of Health andRehabilitative Services (FDHRS), and the U.S. CoastGuard (USCG), will have a lead role in implementingselected strategies included within this Plan.

It is expected to cost $275 million to $495 million toimplement all of the strategies included in this plan(Table 26). However, much of this total (>$200million) is accounted for by two very expensivestrategies: Wastewater Management Systems (W.3)and Stormwater Retrofitting (W.11). Excluding thesetwo strategies, the total cost of all strategies is $34million to $55 million. Funding for the Program willcome from a combination of public (Federal, State,and local) and private institutions. Eighteen govern-ment institutions are identified as potential partici-pants in this Program (Table 25).

Relationship to Other Action Plans . Many of thestrategies within this plan also appear in other actionplans. This is a result of the need to establish sepa-rate components (i.e., research, education, volun-teer) in Sanctuary management. In addition to havinga water quality thrust, a strategy may have a re-search, education, or volunteer component. If astrategy appears in more than one action plan, this isnoted at the end of the strategy/activity description. Inmost cases, the complete description only appears inone action plan.

Existing Programs

The Florida Keys National Marine Sanctuary is the firstto have a Water Quality Protection Program. There areno existing programs at the Key Largo or Looe KeyNational Marine Sanctuaries that focus specifically onwater quality, although Sanctuary education programstypically include water quality among the manyenvironmental issues they address.

Many of the strategies included in the Water QualityAction Plan involve the modification of existingprograms operated by one or more of the agencieswith jurisdiction over water quality in the Florida Keys.Other strategies involve entirely new programs, butthese would necessarily build upon the existingregulatory/management framework. Further informa-tion about existing programs operated by agencies andinstitutions with jurisdiction over water quality in theFlorida Keys is provided in the Water Quality Protec-tion Program Phase II Report, available from the U.S.Environmental Protection Agency.

Where appropriate, descriptions of strategies andactivities in the Water Quality Action Plan include asection describing “Existing Program Implementation.”


The Florida Keys National Marine Sanctuary is thefirst to include a Water Quality Protection Program.The purpose of the Program is specified in theFlorida Keys National Marine Sanctuary and Protec-tion Act:

recommend priority corrective actions andcompliance schedules addressing point andnonpoint sources of pollution to restore andmaintain the chemical, physical, and biologi-cal integrity of the Sanctuary, includingrestoration and maintenance of a balanced,indigenous population of corals, shellfish,fish and wildlife, and recreational activities inand on the water.

The Program's goals are the protection and improve-ment of Sanctuary water quality and enhancement ofliving resources. The Water Quality ProtectionProgram proposes many activities to achieve thesegoals, such as reducing anthropogenic loading(wastewater and stormwater ) to Sanctuary waters. Inaddition to corrective actions, the Program alsoincludes development of a water quality monitoringprogram and a special studies program, as well as aprovision for opportunities for public participation inall aspects of the Program's development andimplementation.


210

As specified in the Act, the Water Quality ProtectionProgram was developed by the EPA and the FDEP,working in close coordination with the NationalOceanic and Atmospheric Administration. TheProgram was developed in two phases. DuringPhase I, information was compiled and synthesizedon the status of the Sanctuary’s natural environment.Priority problems were identified through this litera-ture review, and through consensus of technicalexperts and other participants in technical work-shops. Phase II focused on developing options forcorrective action, developing a water quality monitor-ing program and associated research/special studiesprogram, and developing a public education andoutreach program. Findings from Phases I and IIwere incorporated into the Water Quality ProtectionProgram Document. Options for corrective action,research, monitoring, and education presented in theProgram Document were incorporated into thestrategies included in this action plan.


Florida Bay/External Influence Strategies

Severe water quality and ecological problems havedeveloped in Florida Bay in recent years, and theBay is now in a state of crisis. Problems include amassive seagrass die-off; phytoplankton blooms;sponge die-offs; mangrove die-backs; and all of thepotential cascading ecological effects of thesephenomena. Since 1987, much of Florida Bay hasbeen affected by a massive, unprecedentedseagrass die-off that has left tens of thousands ofacres of denuded sediments. Through the resultingsediment suspension and nutrient release, theseagrass die-off may be the cause of massivephytoplankton blooms which have affected the Bayduring recent years. Sponge die-offs caused byphytoplankton blooms may have serious impacts onjuvenile spiny lobsters, which reside by day undersponges for protection from predation.

Most scientists believe that recent ecological prob-lems in Florida Bay are the result of long-termreduction in freshwater flow from the Everglades. Themechanism has not been documented, but highsalinities per se and a long-term change from anestuarine to a marine system may be contributingfactors.

These problems in Florida Bay must be viewed as apotential threat to water quality and resources in the

Sanctuary. Water quality and natural resources inFlorida Bay are tightly linked to those of the Sanctu-ary. The need for action to deal with water deliveryproblems in Florida Bay has been strongly stressedby workshop participants and other scientists duringthe development of the Water Quality ProtectionProgram. Two strategies were developed to addressthis issue: one (W.19) would have the SteeringCommittee for the Water Quality Protection Programtake a leading role in working to restore historicalfreshwater flow to Florida Bay; the other (W.24)would conduct research that will further document theinfluence of Florida Bay on water quality and biologi-cal resources in the Sanctuary. The research onFlorida Bay influence should supply additionalscientific evidence to support the need for action.

Strategy W.19:Florida Bay Freshwater Flow

The Steering Committee for the Water QualityProtection Program shall take a leading role inrestoring historical freshwater flow to Florida Bay,which is now in a state of crisis. In addition, Sanctu-ary representatives shall work with appropriateFederal, State, and local agencies to ensure thatrestoration plans and surface-water improvement andmanagement plans for South Florida and the Ever-glades are compatible with efforts to maintain waterquality within the Sanctuary.(Priority Level High, Medium Level of Action in Year1, 36+ Months to Complete, 100% Funding Availablefor Full Implementation)

Activity 1-Establish a Leading Role for the Steer-ing Committee . The Steering Committee for theWater Quality Protection Program includes high-levelrepresentatives of all relevant agencies, and can

Florida Bay/External Influence Strategies

W.19: Florida Bay Freshwater Flow• Establish leading role for the Steering

Committee• Participate in a review/revision of water

management strategies

W.24: Florida Bay Influence• Conduct historical assessment• Conduct circulation studies• Conduct ecological studies


211

Activity 2-Participate in a Review/Revision ofWater Management Strategies. Sanctuary repre-sentatives shall participate in the review and revisionof restoration plans and water management plans forFlorida Bay and adjacent areas to ensure that theseproposals and/or actions will enhance and comple-ment water quality improvement efforts undertaken inthe Sanctuary. These plans include, but are notlimited to, the Shark River Slough GDM, C-111 basin,Taylor Slough Restoration, West Dade Wellfield,US 1 widening, National Park Service EvergladesRestoration Plan, Lower East Coast Water SupplyPlan, and Everglades Surface Water Managementand Improvement Plan.

Implementation. The Management Committee of theWater Quality Protection Program is responsible for

therefore take a leading role in water managementissues affecting Florida Bay, including restoringhistorical freshwater flow. Both short- and long-termsolutions must be pursued at high levels of manage-ment in both State and Federal agencies.

Implementation. The responsible agencies will bethe EPA and FDEP, which administer the WaterQuality Protection Program. All other agenciesrepresented on the Steering Committee will have aprimary role, including NOAA, the National ParkService (NPS), the U.S. Fish and Wildlife Service(FWS), the U.S. Army Corps of Engineers (USACE),the Florida Department of Community Affairs(FDCA), the SFWMD, and the Florida Keys AqueductAuthority (FKAA).


During the same time that this Management Plan was devel-oped, several Federal and State initiatives were begun, largelyat the urging of Sanctuary Advisory Council members, to restorethe entire South Florida ecosystem, from the Kissimmee Riverthrough the Florida Keys.

South Florida Ecosystem Restoration Task Force

In June 1993, Secretary of the Interior Bruce Babbit imple-mented an interagency initiative to address the environmentalproblems in South Florida and Florida Bay. In September 1993,an Interagency Agreement on South Florida EcosystemRestoration was signed, formally establishing the South FloridaEcosystem Restoration Task Force. The members of the TaskForce are the assistant secretaries of the Departments ofAgriculture, the Army, Commerce, Interior, Justice, and theEnvironmental Protection Agency. Plans are to include theFederal Highway Administration in the Agreement during therestoration effort. In addition, the State of Florida and the Tribesare members of the Task Force. A list of the current member-ship is included in Appendix B. The agreement specified that theTask Force do the following:

• agree on the Federal objectives for restoring the SouthFlorida ecosystem;

• promote the establishment of an ecosystem-basedscience program that utilizes the strengths of public andprivate entities and includes research, inventory,monitoring, and modeling;

• support the development of appropriate multi-speciesrecovery plans for threatened and endangered speciesand other species proposed for listing as threatened orendangered; and

• encourage the expedited implementation of projects,programs, and activities included in the coordinatedplans for the environmental restoration and maintenanceof the South Florida ecosystem.

The ultimate objective of the Task Force is to develop arestoration plan for the entire South Florida ecosystem.

The Task Force established an 11-member InteragencyWorking Group to formulate and recommend managementpolicies, strategies, plans, programs, and priorities for ecosys-tem restoration and maintenance to the Task Force.

Science Plan for Florida Bay

The development of a comprehensive research and monitoringplan for Florida Bay, another interagency effort, has beenoccurring at the same time as the development of the FKNMSDraft Management Plan/EIS, Water Quality Protection Program,and the South Florida Ecosystem Restoration Report. InJanuary 1993, the Everglades National Park research staffconvened an interagency group of managers and scientists toreview their research plan for Florida Bay. This group informallybecame the Florida Bay Interagency Working Group, with theresponsibility for developing the Science Plan for Florida Baythat was released in April 1994. The final draft of this plan wasdeveloped by scientists from the National Park Service,National Biological Survey, NOAA, South Florida WaterManagement District, and Florida Department of EnvironmentalProtection, following a series of interagency reviews.

Governor’s Commission for a Sustainable SouthFlorida

By Executive Order, Florida Governor Lawton Chiles estab-lished a "Commission for a Sustainable South Florida" onMarch 3, 1994. The Commission, which has representativesfrom various local, State, and Federal agencies, the Tribes, aswell as other public and private interests in the region, wascreated to “develop recommendations and public support forregaining a healthy South Florida ecosystem with a sustainableeconomy and communities.”

Ongoing Efforts to Restore the South Florida Ecosystem


212

transport from Florida Bay to the Sanctuary. Studiesof groundwater flow may be included.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy.


Activity 3-Conduct Ecological Studies . Thisactivity will involve studies to document ecologicalimpacts, if any, of Florida Bay waters on Sanctuarycommunities including seagrasses, coral reefs,nearshore hardbottom communities, and potentiallyendangered or threatened species. Documentation ofpotential impacts could provide a stronger basis foraction to restore historical freshwater flow to FloridaBay.

Implementation. The EPA and the FDEP will be theresponsible agencies for this strategy.


This strategy is also included in the Researchand Monitoring Action Plan.

Domestic Wastewater Strategies

This section describes strategies for reducing pollu-tion from land-based sources of domestic wastewa-ter. Pollution sources include cesspits, on-sitedisposal systems (OSDS), package plants, andmunicipal treatment plants. Strategies for reducingwastewater pollution from live-aboard boaters arecovered in the Marina and Live-aboard section of thisaction plan.

The first two domestic wastewater strategies (W.1and W.2) are demonstration projects that wouldprovide information to decide among options for themain engineering strategy (W.3) for wastewatermanagement systems outside Key West.Strategy W.4 is also an engineering strategy, but isapplicable only to Key West. The remaining domesticwastewater strategies involve management activitiesdesigned to reduce pollution by developing waterquality standards (including biocriteria) specific to theFlorida Keys, and making the regulatory/manage-ment system work more efficiently.

administering water quality management in theSanctuary. The responsible agencies will be the EPAand FDEP, which administer the Water QualityProtection Program. NOAA will have a primary rolebecause of its overall responsibility for managing theSanctuary. The main agencies involved in watermanagement decisions for the Everglades andFlorida Bay are the NPS, SFWMD, and USACE. Asthe State land-planning agency for a designated Areaof Critical State Concern, the FDCA is also likely tobe involved. Other primary agencies are the FWSand Monroe County.


Strategy W.24:Florida Bay Influence

Conduct research to understand the effect of watertransport from Florida Bay on water quality andresources in the Sanctuary.(Priority Level High, High Level of Action in Year 1,48 Months to Complete, <50% Funding Available forFull Implementation)

Activity 1-Conduct an Historical Assessment .This activity will involve an historical assessment ofEverglades/Florida Bay/Florida Keys hydrology, as ithas affected water quality and biological communitiesin the Sanctuary. It will clarify the role of freshwaterinflows and water quality from the Everglades andother freshwater discharges to the southwest shore-line of Florida, to Florida Bay and the Sanctuary. Theactivity will examine the effects of structural modifica-tions and changes in timing and volume of freshwaterreleases from existing structures, as well as land-based practices affecting the water quality of runoff.

Implementation. The SFWMD and the NPS will bethe responsible agencies for this strategy. Assistancewill be provided by USACE, which has historical dataconcerning water management activities affecting theEverglades and Florida Bay.


Activity 2-Conduct Circulation Studies . Thisactivity will involve circulation studies to estimatepresent-day, long-term net transport and episodic


213

Domestic Wastewater Strategies

W.1: OSDS Demonstration Project• Select alternate OSDS and test locations• Conduct an OSDS demonstration project

W.2: AWT Demonstration Project• Select specific technology and test location• Conduct AWT pilot project

W.3: Wastewater Management Systems• Establish inspection/compliance programs for

cesspits, OSDS, and package plants• Evaluate development of nutrient reduction

targets• Develop sanitary wastewater master plan• Implement master plan

W.4: Wastewater Disposal, City of Key West• Evaluate Disposal and reuse options• Upgrade effluent disposal

W.5: Water Quality Standards• Develop and evaluate indicators• Develop water quality standards

W.6: NPDES Program Delegation• Delegate NPDES program

W.7: Resource Monitoring of Surface Discharges• Require resource monitoring

W.8: OSDS Permitting• Improve interagency coordination• Combine OSDS permitting responsibilities• Monitor revised OSDS rules

W.9: Laboratory Facilities• Conduct feasibility study• Establish interagency laboratory

This strategy will provide information to help deter-mine the appropriate role, if any, of alternate OSDS(septic systems) in wastewater management in theKeys. Although some alternate OSDS designsappear promising, it is not appropriate to proceedwith broad-scale installation of these systems until anindependent evaluation has been conducted.

Activity 1-Select Alternate OSDS and Test Loca-tions . Alternate OSDS designs will be reviewed, andappropriate systems will be selected for evaluation.Suitable test locations will be selected.

Implementation. The Florida Department of Healthand Rehabilitative Services (FDHRS) will be theresponsible agency for this activity. Other primaryagencies involved will be the EPA, FDEP, FDCA, andMonroe County.


Activity 2-Conduct an OSDS DemonstrationProject. Alternate OSDS designed for nutrientremoval would be installed and maintained in amanner consistent with actual residential use.Influent, effluent, and groundwater quality (bothbackground and “down-gradient”) would be moni-tored at regular intervals for at least a year. Inaddition to nutrient-removal efficiency, the studywould evaluate maintenance and inspection require-ments to keep units operating properly.

Existing Program Implementation. Congress pro-vided $500,000 in additional funds to EPA’s fiscalyear 1993 budget for the Water Quality ProtectionProgram to be used for demonstration projects. Thiswas used to initiate the OSDS Demonstration Project(strategy W.1) before the fiscal year 1994 startingpoint for this action plan.

Implementation. The FDHRS will be the responsibleagency for this activity. Other primary agenciesinvolved will be the EPA, FDEP, FDCA, and MonroeCounty.


Strategy W.1:OSDS Demonstration Project

Conduct a demonstration project to evaluate innova-tive alternate, nutrient-removing OSDS.(Priority Level High, High Level of Action in Year 1,36 Months to Complete, 100% Funding Available forFull Implementation)


214

Implementation. The FDHRS will be the responsibleagency for this activity. The EPA, FDEP, and MonroeCounty will be involved as primary agencies.


Strategy W.3:Wastewater Management

Systems

Establish authority for and implement inspection/enforcement programs to identify all cesspits, andenforce existing standards for all OSDS and packageplants. Evaluate the development of targets forreductions in wastewater nutrient loadings necessaryto restore and maintain water quality and Sanctuaryresources. Develop and implement a SanitaryWastewater Master Plan that evaluates options forupgrading existing systems beyond current standardsor constructing community sewage treatment plants,based on nutrient reduction targets, cost and costeffectiveness, reliability/compliance considerations,and environmental and socioeconomic impacts.(Priority Level High, High Level of Action in Year 1,36+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Establish Inspection/CompliancePrograms for Cesspits, OSDS, and PackagePlants. This activity would establish on-site inspec-tion programs to identify all cesspits and ensure thatOSDS and package plants are in compliance withexisting standards. Inspection/enforcement programsfor OSDS and package plants would ensure thatthese systems are operating properly, reducingnutrient loading to groundwater. Cesspits identifiedthrough this activity would eventually be replacedwith an approved OSDS or a connection to a commu-nity wastewater treatment plant, as determined bythe Sanitary Wastewater Master Plan (described inActivity 3). This would reduce nutrient loading togroundwater and eliminate health hazards fromuntreated sewage. Because development andimplementation of the Sanitary Wastewater MasterPlan is a long-term process, Monroe County shoulddevelop an interim response policy to address non-compliance wastewater treatment systems as part ofthis activity. This activity will also include a publiceducation/outreach component which would informthe public about ways to assess and improve existingwastewater treatment systems.

Strategy W.2:AWT Demonstration Project

Conduct a pilot project to evaluate installation of asmall, expandable AWT plant to serve an area ofheavy OSDS use with associated water qualityproblems.(Priority Level Medium, Low Level of Action in Year1, 36 Months to Complete, <50% Funding Availablefor Full Implementation)

This strategy will provide information to help decidewhether elimination of OSDS would improve waterquality in areas believed to be degraded by OSDS-related nutrients. Existing OSDS in the test areawould be connected to a small package plant provid-ing advanced wastewater treatment (AWT), whichincludes nutrient removal. The project will alsoprovide information about the long-term performanceof small AWT systems and septic tank effluentpumps or other collection systems. Both conventionaland innovative technologies will be considered.

Activity 1-Select Specific Technology and TestLocation. Different technologies for AWT will bereviewed and appropriate systems will be selectedfor evaluation. Preferably, the test area will be onewhere water quality problems believed to be relatedto OSDS nutrients have already been identified. Inaddition, the location should be appropriate foreventual expansion of the AWT package plant to acommunity or subregional plant if the test provessuccessful.

Implementation. The FDHRS will be the responsibleagency for this activity. The EPA, FDEP, and MonroeCounty will be involved as primary agencies.


Activity 2-Conduct an AWT Pilot Project. A small,expandable AWT package plant will be installed toserve an area where there is high-density OSDS usein close proximity to confined waters. Initial back-ground groundwater and surface water monitoringwill be conducted, and plant influent and effluent willthen be monitored for at least one year after the plantis in operation. Groundwater and surface-watermonitoring will be continued for three to five years.Most facilities constructed for the project could beincorporated into a larger system if results arefavorable.


215

Implementation. The FDHRS will be the responsibleagency. Other primary agencies involved will be theEPA, FDEP, Monroe County, and the City of KeyWest.


Activity 2-Evaluate Development of NutrientReduction Targets . The goal of this activity is toidentify and evaluate alternative strategies fordeveloping nutrient reduction targets for wastewaterand stormwater in the Sanctuary. The information willhelp the EPA and the State of Florida to determinewhether nutrient reduction targets should be devel-oped and if so, how development should proceed.

Implementation. The EPA and FDEP will conductthis activity.

Schedule. This activity is in progress and willrequire 12 months to complete.

Activity 3-Develop Sanitary Wastewater MasterPlan . This activity will develop a Sanitary WastewaterMaster Plan to evaluate options for wastewatertreatment developed in the EPA Water QualityProtection Program Phase II Report. The options(using the numbering system in that report) are asfollows:

• W3a: Upgrade existing systems to currentstandards

• W3b: Upgrade package plants to AWT;

• W3c: Upgrade package plants to AWT andOSDS to alternate nutrient-removing systems;

• W3d: Construct AWT plants for Key Largo andMarathon (the two most populous communitiesin the Upper and Middle Keys), and extend theservice area for the Key West treatment plantto adjacent areas of the Lower Keys, to treat52 percent of wastewater flows outside the Cityof Key West;

• W3e: Construct seven community wastewatertreatment plants for the most densely popu-lated areas, to treat 73 percent of wastewaterflows outside the City of Key West;

• W3f: Construct 12 community wastewatertreatment plants, to treat 94 percent of waste-water flows outside the City of Key West; and

• W3g: Construct three subregional wastewatertreatment plants, to treat 94 percent of waste-water flows outside the City of Key West.

Currently, these options can be evaluated partially onthe basis of estimated cost, cost effectiveness,nutrient reduction, and reliability of the technologiesinvolved. However, the options should also beevaluated in light of the nutrient reduction targetswhich may be developed under Activity 2. In addition,information about the nutrient removal capacity, costand cost effectiveness, and reliability of alternate,nutrient-removing OSDS and various conventionaland innovative AWT technologies needs to beconsidered; this information will come from the OSDSDemonstration Project (strategy W.1) and the AWTDemonstration Project (strategy W.2). Environmentaland socioeconomic impacts must also be analyzed.The Sanitary Wastewater Master Plan will alsospecify details of costs, schedules, service areas,etc. for implementation. The master plan shouldinvestigate the feasibility of wastewater utility districtsand other alternative funding mechanisms.

Implementation. FDEP and EPA will be the respon-sible agencies. FDHRS and Monroe County will alsobe involved as primary agencies.


Activity 4-Implement a Master Plan. This activitywill implement the preferred wastewater treatmentoption specified in the Sanitary Wastewater MasterPlan developed under Activity 3. The eventualpreferred option cannot be identified at this time.However, two options are discussed below asexamples.

Option W3d-Construct Two Community Plants.Advanced wastewater treatment plants would beconstructed for Key Largo and Marathon (the twomost populous communities in the Upper and MiddleKeys), and the service area for the Key West treat-ment plant would be extended to adjacent areas ofthe Lower Keys. This would provide a high level oftreatment for about 52 percent of the wastewaterflows outside Key West. Estimated Keys-widereductions in wastewater nutrient loadings are 43percent for total nitrogen, and 28 percent for totalphosphorus. Much greater reductions (80 to 91percent for nitrogen and 50 to 83 percent for phos-phorus) would be achieved in the Key Largo andMarathon service areas, where cesspits, OSDS, andpackage plants would be replaced by the newcommunity plants.


216

Implementation. The responsible agency for thisoption has not been determined. Prior to constructingcommunity wastewater treatment plants, it will benecessary to identify an agency to serve as a waste-water utility. Candidates include the Florida KeysAqueduct Authority (FKAA), which already has theauthority, and Monroe County (administrative capa-bility only, or both administrative and operationalcapabilities). Other primary agencies likely to beinvolved are the EPA, FDEP, FDCA, and the FloridaDepartment of Transportation (FDOT). The FDHRSmay have an assisting role.

Schedule. This activity will have no action in year 1.Time to complete is unknown.

Option W3b-Upgrade Package Plants to AWT. Allpackage plants would be upgraded to AWT. Coupledwith elimination of cesspits and enforcement ofexisting standards for OSDS, this option wouldreduce wastewater nutrient loadings to groundwaterKeys-wide by about 27 percent for nitrogen and 24percent for phosphorus. The cost would be muchless than for option W3d. However, this option wouldnot provide any additional nutrient reduction fromOSDS (including cesspits eventually replaced byOSDS), which are the leading source of wastewaternutrients.

Implementation. The FDEP and EPA will be theresponsible agencies. Monroe County will also beinvolved as a primary agency, and the FDHRS mayhave an assisting role.

Schedule. This activity will have no action in year 1.Time to complete is unknown.

Strategy W.4:Wastewater Disposal,

City of Key West

Upgrade effluent disposal for the City of Key Westwastewater treatment plant. Evaluate deep-wellinjection, including the possibility of effluent migratingthrough the boulder zone into Sanctuary waters.Evaluate options for the re-use of effluent, includingirrigation and potable re-use. Discontinue use ofocean outfall and implement deep-well injection,aquifer storage, and/or re-use. Implement nutrientreduction technologies for effluent prior to disposal orre-use.

(Priority Level High, Low Level of Action in Year 1, 48Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Evaluate Disposal and Re-use Options .Before use of the ocean outfall is discontinued, boththe environmental aspects of deep-well injection andthe economics of effluent re-use need to be evalu-ated thoroughly. Studies of deep well injection needto investigate the possibility of effluent migratingthrough the boulder zone into Sanctuary waters. Re-use options to be evaluated include irrigation andfurther treatment to produce potable water. Re-usefor local irrigation may be limited due to the smallnumber of application sites. Re-use for irrigation inareas outside the Florida Keys would be consideredonly if it were proposed for unincorporated MonroeCounty. Potable re-use, although requiring costlytreatment, might be cost-effective in the long term,considering the current cost of treating and pumpingin drinking water from Florida City.

Implementation. The responsible agency will be theCity of Key West or possibly FKAA (if selected as theKeys-wide wastewater utility). Other primary agen-cies involved will be the FDEP, EPA, FDCA, andMonroe County.


Activity 2-Upgrade Effluent Disposal. Use of theocean outfall would be discontinued (except inemergencies), and effluents would be disposed ofthrough deep-well injection, aquifer storage, and/orre-use as appropriate based on results of the preced-ing activity. This strategy would reduce direct nutrientloadings to surface waters from the Key Westwastewater treatment plant.

Implementation. The responsible agency will be theCity of Key West or possibly FKAA (if selected as theKeys-wide wastewater utility). Other primary agen-cies involved will be the FDEP, EPA, FDCA, andMonroe County.



217


This strategy is also included in the Research andMonitoring Action Plan.

Strategy W.6:NPDES Program Delegation

Delegate administration of the National PollutantDischarge Elimination System (NPDES) program forFlorida Keys dischargers to the State of Florida.(Completed in Year 1)

Activity 1-Delegate the NPDES Program . Underthis activity, the EPA delegated NPDES permittingauthority to the State of Florida, as has been done inmany other states. This simplifies the permittingprocess for surface water dischargers by removingthe need to apply for permits from both the EPA andFDEP.

Implementation. This activity was implemented bythe EPA and FDEP in 1995. The EPA administersthe NPDES permitting program and has the authorityto delegate it to the states. FDEP submitted anapplication to the EPA to have the program del-egated. The two agencies entered into a memoran-dum of understanding (MOU) defining agency rolesand responsibilities for NPDES permitting in Florida.


This strategy is also included in the RegulatoryAction Plan.

Strategy W.7:Resource Monitoringof Surface Discharges

Require all NPDES-permitted surface dischargers todevelop resource monitoring programs, includingbiological monitoring where appropriate.(Priority Level Low, Low Level of Action in Year 1, 36Months to Complete, 100% Funding Available for FullImplementation)

Activity 1-Require Resource Monitoring . Thisactivity would help to evaluate environmental impactsof point source discharges by requiring all

Strategy W.5:Water Quality Standards

Develop and implement water quality standards,including biocriteria, appropriate to Sanctuary re-sources.(Priority Level Medium, No Action in Year 1, 60+Months to Complete, <50% Funding Available for FullImplementation)

Activity1-Develop and Evaluate Indicators. Thisactivity will identify and evaluate indicators (biochemi-cal and ecological measures to provide early warningof widespread ecological problems) in each type ofecosystem. Examples are tissue C:N:P ratios,alkaline phosphatase activity, and shifts in commu-nity structure by habitat. These measures could beincorporated into the Water Quality MonitoringProgram, and could provide the basis for resource-oriented water quality standards (biocriteria) for theSanctuary.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy through theResearch/Special Studies Program. In addition to theFDEP and EPA, NOAA/National Marine FisheriesService (NMFS) may have a role in this research.


Activity 2-Develop Water Quality Standards. Thisactivity will develop water quality standards, includingnitrogen and phosphorus standards and biocriteria,appropriate to Sanctuary resources (corals andseagrasses). This activity will reduce impacts ofpollution on Sanctuary resources by determiningwater quality conditions to ensure resource protec-tion. The intent is to implement water quality stan-dards as guidance in determining permitted dis-charge limitations. Outstanding Florida Waters(OFW) standards will be used until research indicatesthat new, more stringent regulations are necessary.

Implementation. The responsible agency forchanges to the state’s water quality standards will beFDEP. The FDEP would need to initiate formal rule-making in accordance with Chapter 120FS - Adminis-trative Procedures Act. Once enacted, the newstandards would be implemented at the time newpermits were being issued or existing permits reis-sued. Other primary agencies involved in developingthe standards will be the EPA and FDHRS.


218

NPDES-permitted surface dischargers to developresource monitoring programs. This could be accom-plished in one of two ways. One way would be forEPA to eliminate the baseline exemption for resourcemonitoring under the Ocean Discharge Program, as itapplies to the Florida Keys. All surface dischargers,except the City of Key West sewage treatment plant,are currently exempted from developing resourcemonitoring programs because the end of theirdischarge pipe does not extend beyond the baseline(the mean low-tide line). A second way to accomplishthe same goal would be for the FDEP, through theState of Florida’s permitting authority, to requireresource monitoring when individual NPDES permitscome up for renewal. This approach probably wouldbe easier, because it can be accomplished underexisting rules. Eliminating EPA’s baseline exemptionwould require a Federal rule change.

Implementation. The EPA and FDEP are theresponsible agencies for this activity. The EPA couldeliminate the baseline exemption as it applies to theFlorida Keys. Alternatively, the FDEP could requireresource monitoring as individual NPDES permitscome up for renewal. The FDEP has the authority torequire biological/resource monitoring under existingNPDES regulations.


Strategy W.8:OSDS Permitting

Improve interagency coordination for industrialwastewater discharge permitting. Combine OSDSpermitting responsibilities in one agency for commer-cial establishments, institutions, and multi-familyresidential establishments utilizing injection wells.(Priority Level Low, No Action in Year 1, 36 Monthsto Complete, 100% Funding Available for Full Imple-mentation)

Activity 1-Improve Interagency Coordination. Thisstrategy would improve coordination among the EPA,FDEP, and local government relative to industrialwastewater discharge permitting and tracking (theFDHRS is included for special cases, such asseafood processing plants discharging into septicsystems). At present, much of the interagencycoordination and tracking is handled through a seriesof memoranda of agreement (MOAs) and MOUs.These agreements would be reviewed, evaluated,

and revised specifically for the Florida Keys. Thiscould also indirectly reduce wastewater pollution byrefining and simplifying the OSDS permitting process,and increasing funds for compliance monitoring andenforcement.

Implementation. The responsible agency will be theFDEP, which will work through the IntergovernmentalCoordinating Council to review existing MOAs andMOUs. Other primary agencies involved will be theEPA and FDHRS. No new rules or governmentalstructures will be required to implement this activity.


Activity 2-Combine OSDS Permitting Responsi-bilities. This activity would combine FDEP andFDHRS permitting responsibilities for commercialestablishments, institutions, and multi-family residen-tial establishments into one agency. Currently, forcommercial establishments, institutions, and multi-family residential uses with total daily flows of lessthan 5,000 gallons, the Monroe County Public HealthUnit is authorized to permit the aerobic treatment unitand the filter unit, whereas the FDEP permits theinjection well (borehole). However, effluent fromthese aerobic systems does not meet the morestringent wastewater treatment standards of theFDEP.

Implementation. The FDEP would be the respon-sible agency, working closely with the FDHRS. Thetwo agencies would enter into an MOU delineatingtheir respective roles and responsibilities. Theagencies would need to agree on establishing thesame level of treatment requirements for existing andnew or innovative OSDS units to be permitted in theFlorida Keys. Once agreement is reached, theadministrative rules regarding the quality of wastewa-ter being discharged into injection wells would beamended.


Activity 3-Monitor Revised OSDS Rules. Thisactivity will involve designing and implementing amonitoring program to determine the effectiveness ofrecent revisions in Part II of Chapter 10D-6 FloridaAdministrative Code (FAC). Effective March 1992,the FDHRS implemented two key rule changesspecifically targeting the Florida Keys. One changemakes the use of Class V underground injectionwells (boreholes) an option of last resort. The otherrequires the placement of a 12-inch-thick (at a


219

minimum) filter layer of quartz sand below thedrainfield absorption surface of the OSDS. Data areneeded to evaluate whether these changes areachieving their desired effect.

Implementation. The responsible agency will be theFDHRS, with primary responsibility assigned to theEnvironmental Administrator of the State HealthOffice. The Monroe County Public Health UnitEnvironmental Health Section would provide fieldstaff. The change requires a 12-inch-thick filter layerof quartz sand, so it will be necessary to findhomeowners with existing OSDS who are willing toserve as a control group.


Strategy W.9:Laboratory Facilities

Evaluate the feasibility of, and if appropriate, estab-lish an interagency laboratory capable of processingmonitoring and compliance samples.Priority Level Low, No Action in Year 1, 36 Months toComplete, <50% Funding Available for Full Imple-mentation)

Activity 1-Conduct Feasibility Study. This activitywould evaluate the feasibility of creating an inter-agency laboratory facility in the Keys for processingcompliance monitoring samples. Neither the FDEPnor the FDHRS has FDHRS-certified (or equivalent)laboratory facilities in the Keys. Because of qualitycontrol considerations (holding times), it is difficult orimpossible to ship compliance/enforcement samplesto Tallahassee for analysis, and use of contractedprivate laboratory facilities is expensive. The agen-cies should jointly evaluate the feasibility of establish-ing a laboratory facility certified by FDHRS or by thequality assurance section of FDEP. The laboratorywould be located in the FDEP office building inMarathon and would not process toxics or status andtrends samples from the water quality monitoringprogram.

Implementation. The FDEP would be the respon-sible agency, working with the FDHRS and possiblyMonroe County.


Activity 2-Establish Interagency Laboratory .Depending on the outcome of Activity 1 this activitywould create an interagency laboratory facility forprocessing compliance monitoring samples.

Implementation. The FDEP would be the respon-sible agency, working with the FDHRS and possiblyMonroe County.


220


Stormwater Strategies

This section describes four strategies for reducingpollution from stormwater runoff in the Keys. The first(W.11) would involve engineering modification of hotspots to control pollutants in stormwater runoff. Thenext two strategies (W.12 and W.13) work together torequire enactment of stormwater managementordinances and master plans that would cover theentire Keys. The fourth (W.14) involves the develop-ment and implementation of widely used BestManagement Practices and a public educationprogram to reduce pollutants entering stormwaterrunoff.

Currently, no hot spots specifically attributable tostormwater runoff have been identified, althoughstormwater runoff may be a contributing factor insome identified hot spots.

Implementation. Monroe County will be the respon-sible agency. Other primary agencies involved will bethe FDEP, Florida Department of Transportation(FDOT), and SFWMD.


Activity 2-Retrofit Hot Spots and Portions of U.S.1. This activity will involve using grass parking,swales, pollution control structures, and detention/retention facilities to control pollutants in stormwaterrunoff. Hot spots would be identified in Activity 1.Swales and detention facilities would be installedalong portions of US 1. Engineering actions would betaken to control stormwater runoff in areas handlingtoxic and hazardous materials.

Implementation. Monroe County will be the respon-sible agency for stormwater retrofitting. Other primaryagencies involved will be the FDEP, FDOT, andSFWMD.


Strategy W.12:Stormwater Permitting

Require that no development in the Florida Keys beexempted from the stormwater permitting process.(Completed in Year 1)

Activity 1-Eliminate Permitting Threshold. TheSFWMD, which currently has primary responsibilityfor stormwater permitting in the Florida Keys, ex-empts developments of fewer than 10 acres in size,or two acres of impervious surface, from having toobtain a stormwater permit. Most developments inthe Keys fall below this threshold. Local governmentsare in the process of developing stormwater manage-ment ordinances and/or stormwater managementmaster plans. This strategy would require that localgovernment ordinances and master plans cover alldevelopments, with no exemptions from thestormwater permitting process.

Strategy W.11:Stormwater Retrofitting

Identify and retrofit stormwater hot spots using BestManagement Practices, such as grass parking,swales, pollution control structures, and detention/retention facilities. Control stormwater runoff in areashandling toxic and hazardous materials. Installswales and detention facilities along limited sectionsof US 1.(Priority Level Medium, Low Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Inventory Stormwater Hot Spots. Thisactivity would involve identifying stormwater hot spotsfor possible engineering modification (retrofitting).

Stormwater Strategies

W.11: Stormwater Retrofitting• Inventory stormwater hot spots• Retrofit hot spots and portions of US 1

W.12: Stormwater Permitting• Eliminate permitting threshold

W.13: Stormwater Management• Develop and enact stormwater ordinances

and master plans on a continuing, county-wide basis

• Petition EPA to include the Florida Keys in thestormwater NPDES program

W.14: Best Management Practices• Develop and Implement Best Management

Practices and a public education program

221


Existing Program Implementation. Monroe County’sstormwater management ordinance is in place andaddresses everything that falls below the SFWMDpermitting threshold. The City of Key West’s LandDevelopment Regulations also address develop-ments that fall below the SFWMD permitting thresh-old.

Implementation. Each local government (MonroeCounty and the municipalities) will be responsible forimplementing its own ordinance within its jurisdic-tional limits. As the State land planning agency for adesignated Area of Critical State Concern, the FDCAhas an oversight responsibility to ensure that localdevelopment regulations adequately protect thearea’s natural resources and are consistent withthose of their neighbors. The SFWMD will providetechnical assistance in the development ofstormwater ordinances and master plans.

Schedule. This activity is in progress.

Strategy W.13:Stormwater Management

Require local governments to enact and implementstormwater management ordinances and compre-hensive stormwater management master plans.Petition the EPA to include the Florida Keys in thestormwater NPDES program, if adequate stormwatermanagement ordinances and administrative capabil-ity to manage such ordinances are not in place by acertain date.(Priority Level Medium, Medium Level of Action inYear 1, 24 Months to Complete, 100% FundingAvailable for Full Implementation)

This strategy would help to reduce stormwaterpollutant loadings (e.g., sediment, toxics, and nutri-ents) by requiring local governments to developstormwater management ordinances and masterplans. Currently, there is little regulation ofstormwater runoff in the Keys. Many developmentswere constructed before SFWMD stormwater permit-ting requirements were in place or, if constructedmore recently, they fell below the acreage thresholdsfor those regulations. Monroe County recentlypassed a stormwater ordinance, and other localgovernments are either developing ordinances and/orhave stated in their comprehensive plans thatstormwater management master plans will bedeveloped.

Activity 1-Develop and Enact Stormwater Ordi-nances and Master Plans on a Continuing,County-Wide Basis. Under this activity, localgovernments would enact ordinances and masterplans to control pollutants in stormwater runoff.

Implementation. Each local government (MonroeCounty and the municipalities) will be responsible fordeveloping its own stormwater management ordi-nance. Subsequent modifications to each ordinancemay be necessary once each local governmentadopts its stormwater management master plan.Under authorities of Sections 163.3161 and 380.05FS, the FDCA has responsibility for ensuring thatprograms and regulatory rules enacted by localgovernments in Monroe County are consistent withthe legislative growth management principles de-scribed in the above-mentioned sections of theFlorida Statutes. The SFWMD may provide technicalassistance in the development of stormwater ordi-nances and master plans.


Activity 2-Petition EPA to Include the FloridaKeys in the Stormwater NPDES Program. Thisactivity would provide an alternate means of control-ling stormwater pollutants in the Keys. It would beimplemented only if adequate local stormwater-management ordinances, and administrative capabil-ity to manage such ordinances, are not in place bythe deadlines established under Activity 1.

Implementation. The responsible agency will be theFDEP, which would petition the EPA to include theKeys in the stormwater NPDES program for separatemunicipal storm sewer systems. Monroe County(including its municipalities) currently falls below thepopulation threshold that would trigger the county’sinclusion in the stormwater NPDES program. How-ever, states may petition EPA to include a localgovernment in the program.


222


Marina and Live-Aboard Strategies

This section describes strategies/activities to reducepollution from marinas and live-aboard boaters.Seven strategies have been developed to helpreduce pollution from marinas and live-aboards. Fivewould attempt to reduce pollution by restrictingdischarges and educating the public (strategy B.7),concentrating live-aboards in areas where wastewa-ter treatment facilities can be provided (strategy Z.5),and increasing the availability of pump-out facilities(strategies L.1 and L.6). Strategy L.2 would evaluateinteragency cooperation for marina permitting.Strategy L.3 would reduce pollution from marinaoperations. The last strategy (E.4) would reduce

Strategy W.14:Best Management Practices

Institute a series of Best Management Practices anda public education program to prevent pollutants fromentering stormwater runoff.(Priority Level Medium, Low Level of Action in Year1, 36 Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Develop and Implement Best Manage-ment Practices and a Public Education Program.This activity would reduce pollution from stormwaterrunoff through a variety of programs, including streetsweeping; ordinances aimed at controlling fertilizerapplication on public and private landscaping;collection locations and a public education programfor the proper use and disposal of fertilizers, pesti-cides, motor oil, and other hazardous chemicals; andstrenuous litter-control programs.

Implementation. The responsible agencies would belocal governments (Monroe County and the munici-palities). Other primary agencies involved would bethe FDEP, FDCA, and SFWMD. Educational aspectswould be coordinated with the educational staffs ofthe Sanctuary (NOAA) and the SFWMD. In addition,the FDACS would be involved with respect to fertiliz-ers and pesticides.


Marina and Live-Aboard Strategies

B.7: Pollution Discharges• Implement the 1994 Florida Clean Vessel Act• Evaluate the need for no-discharge zones• Establish no-discharge zones• Develop and Implement a public education

program• Change environmental crimes category

Z.5: Special-use Areas• Evaluate feasibility of mooring fields• Establish criteria for mooring fields• Establish mooring fields

L.1: Marina Pumpout• Develop plan for sewage discharge elimination• Require marina pump-out facilities• Enforce pump-out use

L.6: Mobile Pumpout• Establish mobile pump-out service

L.2: Marina Siting and Design• Improve interagency cooperation in marina

permitting

L.3: Marina Operations• Establish containment areas for boat

maintenance• Encourage marina owners to participate in

environmentally-oriented organizations• Encourage marina owners to provide a user

manual with local environmental information

E.4: Training/Workshops/School Programs• Expand environmental awareness program

223


pollution from boaters and marinas in general, byexpanding an existing education/environmentalawareness program.

Additional data concerning pollutant concentrations inwater and sediments of marinas and live-aboardareas will be collected through the Water QualityMonitoring Program described in strategy W.20.These data should indicate the severity and extent ofwater quality problems, and whether there is a needfor further pollution-control measures.

Strategy B.7:Pollution Discharges

Reduce pollution discharges (e.g., sanitary wastes,debris, and hydrocarbons) from vessels by imple-menting the 1994 Florida Clean Vessel Act anddeveloping a public education program. Change theenvironmental crimes category associated withdischarges from felony to civil offense, therebyremoving the need to prove criminal intent.(Priority Level Medium, Medium Level of Action inYear 1, 48 Months to Complete, <50% FundingAvailable for Full Implementation)

Activity 1-Implement the 1994 Florida CleanVessel Act. The Florida Clean Vessel Act prohibitsboaters from discharging raw sewage into statewaters, effective October 1, 1994. In addition, allvessels 26 feet or more in length with an enclosedcabin and berthing facilities are required to have atoilet on board. Houseboats and floating structuresmust, by October 1, 1996 have permanently installedtoilets attached to Type III marine sanitation devices,or directly connect their toilets to shoreside plumbing.Full implementation and enforcement of the CleanVessel Act would reduce sewage pollution of Sanctu-ary waters.

Implementation. The agency responsible for enforc-ing the Clean Vessel Act is the Florida Marine Patrol(FMP). NOAA will work with the EPA and the State tophase in the implementation of the Clean Vessel Actfor Federal waters after full public review of the draftrules and public hearings, prior to issuance of finalregulations. The Sanctuary regulations prohibit allmarine sanitation discharges in the EcologicalReserves and Sanctuary Preservation Areas.

Schedule. This activity will have a low level of actionin year 1. This activity will require 12 months tocomplete.

Activity 2-Evaluate the Need for No-dischargeZones . A study would be conducted to evaluate theneed for no-discharge zones in the Florida Keys,particularly in areas where live-aboard vesselscongregate and there is a history of water qualityviolations. Aspects that should be consideredinclude water circulation, concentration of boats inthe area, percentage of boats with Type I or II marinesanitation devices, and impacts on fishing andswimming areas.

Implementation. The EPA would be the responsibleagency in evaluating the need for no-dischargezones. Other primary agencies involved would bethe USCG, NOAA, and the FDEP. Monroe Countywill have an assisting role.

Schedule. This activity will have a low level ofaction in year 1. It will require 12 months to com-plete.

Activity 3-Establish No-discharge Zones . Basedon the findings of the study described under Activity2, the EPA would designate no-discharge zones inaccordance with provisions of marine sanitationdevices where live-aboard vessels congregate, andthere is a history of water quality violations.

Implementation. The EPA would be the responsibleagency in designating the no-discharge zones. Thelegislative mechanism to implement this activity is inplace. Enforcement procedures and responsibilitiesneed to be worked out if the activity is to be effective.The FDEP and Monroe County will have an assistingrole.


Activity 4-Develop and Implement a PublicEducation Program. This activity would create aprogram to educate the boating public about ways toreduce pollution from vessels. The program wouldinclude providing information about the Clean VesselAct and other regulations affecting discharges fromvessels.

Implementation. The lead agency will be FMP, withassistance from the EPA and NOAA.

Schedule. This activity will have a low level of actionin year 1. This activity will require 12 months tocomplete.

224


Activity 5-Change the Environmental CrimesCategory. This activity would change the environ-mental crimes category associated with dischargesfrom a felony or misdemeanor to a civil offense,thereby removing the need to prove criminal intent.Currently, it is difficult to prove criminal intent foractions such as accidentally discharging fuel orpumping out a shipboard sewage holding tank.Therefore, in practice, law enforcement officers focusmore attention on other crimes that require a lessrigorous burden of proof. Making environmentalcrimes a civil, rather than criminal, offense wouldlead to an increased level of enforcement of environ-mental laws. Civil penalties could take the form ofmajor fines for such accidents, without consideringthe intent of the individual involved.

Implementation. The responsible agency will be theFMP. Implementation would require changes in theFlorida Statutes and Florida Administrative Code(FAC). NOAA and Monroe County may have anassisting role.


This strategy is also included in the RegulatoryAction Plan.

Strategy Z.5:Special-use Areas

This strategy establishes zones to set aside areas forscientific research and educational purposes, resto-ration, monitoring, or to establish areas that confineor restrict activities such as personal watercraftoperations and live-aboard mooring fields. Theseareas will minimize impacts on sensitive habitats andreduce user conflicts. Special management programs(e.g., monitoring, research, Special-use Permits, andrestoration) can be conducted without impediment tothese areas. They can be used to set aside areas forspecific uses such as long-term research and moni-toring and/or minimizing the adverse environmentaleffects of high-impact activities.(Priority Level Medium, Low Level of Action in Year1, 12+ Months to Complete, <50% Funding Availablefor Full Implementation)

Activity 1-Evaluate Feasibility of Mooring Fields .This activity would evaluate the feasibility of estab-lishing mooring fields in places having significantconcentrations of live-aboard vessels. The feasibility

study would evaluate whether mooring fields couldbe used in conjunction with shore-based or mobilepumpout facilities to provide an effective means ofcontrolling waste discharges from live-aboard boats.

Implementation. The Sanctuary will be the leadagency. Local government (Monroe County and/orCity of Key West) may have an assisting role,depending on the location of the mooring field(s).


Activity 2-Establish Criteria for Mooring Fields.This activity would define criteria for designatingmooring fields, based on the feasibility study con-ducted in Activity 1.

Implementation. The Sanctuary will be the leadagency. Local government (Monroe County and/orCity of Key West) may have an assisting role,depending on the location of the mooring field(s).


Activity 3-Establish Mooring Fields. Dependingon the outcome of Activities 1 and 2, this activitywould establish designated mooring fields or anchor-age areas in places having significant concentrationsof live-aboard vessels.

Implementation. The Sanctuary will be the respon-sible agency for designating mooring fields. TheFDEP and USCG would assist in implementing thisactivity by providing sufficient technical expertise andjointly processing required permits. Legal designationof mooring fields requires a permit or land lease fromthe FDEP’s Bureau of Submerged Lands and Pre-serves. It also requires a USCG permit because itaffects navigable waters. The FDEP conductsenvironmental inspections of selected sites andissues resource evaluations and impact assess-ments. Local government (Monroe County and/orCity of Key West) may have an assisting role,depending on the location of the mooring field(s).

Schedule. This activity will have no action in year1. It will require 36 months to complete.

This strategy is also included in the Regulatory,Research and Monitoring, and Zoning actionplans.

225


Implementation. This activity could be implementedentirely by local government (Monroe County and themunicipalities), which could pass ordinances requir-ing all marinas offering overnight docking to boatsover a given length to have stationary or mobileequipment to pump the holding tanks of such ves-sels. The same option could be implemented at theState or even the Federal level, but implementationat these levels would be legislatively more complex,and would take substantially longer to put intopractice. Monroe County will actively seek fundingand coordinate with marinas to facilitate compliance.


Activity 3-Enforce Pump-out Use . This activitywould enforce use of the expanded pump-out facili-ties developed under Activity 2 of this strategy, andthe mobile pump-out service developed underStrategy L.6. A workable system of coordinatedenforcement procedures has never been developed.Current pump-out usage is low, in part becauseexisting pump-out facilities are few, and some areinaccessible to the public. One possible enforcementtool would involve issuing a large, visible sticker to allboats anchored in, or passing through, the Sanctu-ary. Each time a vessel’s holding tanks were pumpedout, the sticker would be stamped with the date andtime. If the vessel had not had its holding tankspumped out within a given length of time based on itssize and carrying capacity, a citation would beissued.

Implementation. Enforcement must be coordinatedamong the Sanctuary staff, FMP, and the MonroeCounty Sheriff’s Department. In addition, “boatingrights” representatives from the Keys need to be partof any discussions to implement enforcement mea-sures. Coordination could be formalized through aseries of MOUs or interlocal agreements.


Strategy L.6:Mobile Pumpout

Establish a mobile pump-out service through thelocal government, or a franchise with a privatecontractor, which would serve to pump outlive-aboard vessels moored outside of marinafacilities. Encourage the use of existing, and the

Strategy L.1:Marina Pumpout

Require marinas that have pump-out requirements toinstall pump-out facilities.(Priority Level High, Low Level of Action in Year 1, 60Months to Complete, <50% Funding Available for FullImplementation)

This strategy will eliminate marina live-aboardvessels as a source of pollution in the Sanctuary.Though live-aboards within marinas may be a minorcontributor to the total pollutant load, marinas arenormally located in confined waters that may be moresusceptible to the impacts of such loading. Byrequiring marinas to provide pump-out facilities, twoproblems will be resolved: 1) boats in marinas thatdon’t currently pump out will be provided with themeans to do so; and 2) boats that moor outside ofmarinas can take advantage of the increased numberof pump-out facilities.

Activity 1-Develop a Plan for Sewage DischargeElimination . This activity would develop a compre-hensive plan to deal with the problem of sewagedischarges from live-aboards and other boaters. Theplan could include elements such as requiring allmarinas to install pump-out facilities (Activity 2);enforcing pump-out use (Activity 3); establishing amobile pump-out service (strategy L.6); establishingmooring fields (Activity 3 under strategy Z.5,Special-use Areas), and evaluating the treatment anddisposal of pumped out wastewater. However, beforethese activities are undertaken, a comprehensivestudy of the options is needed to devise a coordi-nated approach.

Implementation. This activity could be implementedby local government (Monroe County and the munici-palities). The FDEP and FDCA (through its authorityset out in Chapter 380 FS — Critical Area Program)would also have a primary role. The EPA and NOAAwould assist.


Activity 2-Require Marina Pump-out Facilities .This activity would require all marinas (10 or moreslips, as defined by the State of Florida) to installpump-out facilities. This would greatly increase thenumber and accessibility of pump-out facilities in theFlorida Keys. If pump-out facilities were more numer-ous and accessible, more people presumably woulduse them.

226


construction of additional, shore-side facilities suchas dinghy docks, parking areas, showers, andlaundries for use by live-aboards.(Priority Level Medium, No Action in Year 1, 36Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Establish a Mobile Pump-Out Service.This activity would establish a mobile pump-outservice either through local government or a fran-chise arrangement with a private contractor.

Implementation. Monroe County would be theresponsible agency. No new legislation or legalauthority is needed for the County to develop amobile pump-out service. A prototype study could beconducted to determine how many live-aboardboaters in a given area would voluntarily subscribe tosuch a service. If the idea appeared to be economi-cally viable, the County could advertise for suppliersof the service and sell franchises on a bid basis. TheUSCG would have an assisting role.


Strategy L.2:Marina Siting and Design

Conduct an assessment of marina (10 slips or more)compliance with current regulations and standards,including OSHA standards for marina operations.Evaluate interagency cooperation in marina permitreview process, and initiate action to eliminateconflicts in agency jurisdictions. Improve marinasiting criteria to ensure that only appropriate deepwater access will be permitted, and to provide for theproper handling of noxious materials.(Priority Level Low, No Action in Year 1, 36 Monthsto Complete, 100% Funding Available for Full Imple-mentation)

Activity 1-Improve Interagency Cooperation inMarina Permitting. Marina operations are alreadysubjected to numerous permits and permit reviewprocesses. This activity would evaluate interagencycooperation to simplify matters for the marina opera-tor, allow the implementation of Best ManagementPractices, and help reduce pollution reaching adja-cent coastal waters. The possibility of consolidatingpermitting requirements into a single, overall FDEPoperating permit would be included in this evaluation.

Implementation. The responsible agency will be theFDEP. The other primary agency involved will be theACOE. The FDEP and ACOE should considerimplementing a joint permitting process. Also, theFDEP needs to work with the EPA to make Florida adelegated state regarding NPDES stormwaterdischarge regulatory authority. This would avoidduplication in the permitting process.


Strategy L.3:Marina Operations

Reduce pollution from marina operations by estab-lishing containment areas for boat maintenance,encouraging marina owners to participate in environ-mentally-oriented organizations such as the Interna-tional Marina Institute, and encouraging marinaowners to provide a user manual with local environ-mental information such as locations of pumpoutfacilities and trash receptacles.(Priority Level Medium, No Action in Year 1, 36Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Establish Containment Areas for BoatMaintenance. This activity would establish pavedand curbed containment areas for boat maintenanceactivities such as hull scraping and repainting,mechanical repairs, fueling, and lubrication. It wouldcreate secondary containment, generally in the formof curbing or synthetic liners, for areas where signifi-cant quantities of hazardous or toxic materials arestored. Procedures to avoid or reduce fuel spillageduring refueling operations would be evaluated.

Implementation. The responsible agency will be theEPA, working with the FDEP. Local governments(Monroe County and the municipalities) may have anassisting role. The NPDES stormwater discharge ruleis the mechanism to implement this activity. In 1990,the EPA enacted rules to control stormwater dis-charges from a variety of uses. The rule is known asthe NPDES Permit Application Regulations forStormwater Discharges. Marinas that are involved inboat maintenance activities (including vessel rehabili-tation, mechanical repairs, painting, fueling, andlubrication) or equipment-cleaning operations areconsidered industrial activities according to 40 CFR122.26. Therefore, all marinas involved in suchactivities must apply for an NPDES stormwater

227


awareness program that has produced significantresults in the past. If this program were expanded,additional reductions in pollution could be expected.

Existing Program Implementation. This activitywould formalize and expand an existing activity - theFMP District 9 environmental education program.The program would be enhanced to heighten theenvironmental awareness of how human activitiesadversely affect water quality in the Keys.

Implementation. The FDEP would be the respon-sible agency in expanding the existing programoperated by the FMP. All that is required to expandthe program is additional funding, and a managementdirective from the FDEP to improve and increase therange of its existing program. All public awarenessprograms should be coordinated with the educationalefforts of the Sanctuary.


This strategy is also included in the Education/Outreach and Volunteer action plans.

permit. These permits require applicants to addresshow they plan to eliminate pollutants such as toxicsfrom the stormwater runoff generated as a result oftheir marina activities. The applicants have to identifythe Best Management Practices they intend to use.One alternative is to construct containment areas andrestrict all marine repair and boat hull reconstructionto these areas.


Activity 2-Encourage Marina Owners to Partici-pate in Environmentally-oriented Organizationssuch as the International Marina Institute.

Implementation. The responsible agencies will beMonroe County and the municipalities working withthe FDEP.


Activity 3-Encourage Marina Owners to Provide aUser Manual with Local Environmental Informa-tion. The information could include locations ofpumpout facilities and trash receptacles, as well assensitive habitats.

Implementation. The responsible agencies will beMonroe County and the municipalities working withthe FDEP.


Strategy E.4:Training/Workshops/School

Programs

Develop opportunities for instruction and training.This will include programs conducted by teachers,Sanctuary staff, and volunteers. Training programs(e.g., Coral Reef Classroom, etc.) will also be pro-vided for teachers, environmental professionals,business owners and operators, and law enforce-ment officials.(Priority Level Mediuim, Medium Level of Action inYear 1, 24 Months to Complete, <50% FundingAvailable for Full Implementation)

Activity 1-Expand the Environmental AwarenessProgram. The FMP already has an environmental

228


treating leachate, constructing slurry walls, andexcavating and hauling landfill contents.(Priority Level Medium, No Action in Year 1, 60+Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Conduct a Historical Landfill Searchand Assessment. Conduct a comprehensive searchfor abandoned landfills and dumps. Evaluate eachsite to determine if it contains hazardous materials oris causing environmental problems. According toknowledgeable state and local government person-nel, there are a number of abandoned landfills anddumps, many on private property, within the FloridaKeys. A comprehensive program needs to be set upto locate, map, and evaluate these historic casualdump sites to determine if they contain hazardousmaterials, or are causing environmental problems.

Implementation. The responsible agency will beMonroe County, working with the FDEP. TheU.S. Navy would have a primary role in dealing withlandfills on its property. The EPA would have anassisting role.


Activity 2-Intensify Landfill Monitoring. Intensifyexisting monitoring programs around landfills toensure that no leaching is occurring into marinewaters. Identify and monitor old landfills that werenever permitted, and therefore have no closure plansor closure permits. This activity would help ensurethat existing monitoring programs are adequate todetect leaching from landfills. Monitoring data fromlandfills in the Florida Keys do not indicate that thereis a leaching problem. However, the number ofmonitoring locations is small, and should be in-creased to ensure that no leaching is occurringaround these landfills. In addition, this strategy wouldprovide for monitoring of older landfills that are notcurrently being monitored. It should be noted thatMonroe County is currently complying with all Stateand Federal monitoring guidelines.

Implementation. The responsible agency will beidentified. The U.S. Navy would have a primary rolein dealing with landfills on its property. The EPAwould have an assisting role.


Activity 3-Evaluate and Implement RemedialActions. If problems are discovered, evaluate and

Landfill Strategies

This section describes strategies/activities to dealwith potential pollution problems due to leaching fromlandfills. All landfill sites in the Florida Keys (with theexception of the Cudjoe Key expansion) weredeveloped prior to current regulations requiringbottom liners and leachate collection. At many sites,filling with solid waste probably occurred below thewater table in the early stages. Consistent withcommon practice at the time, there was probably littleor no control over materials deposited in theselandfills. These conditions indicate a significantpotential for contamination of groundwater andsurface waters from these inactive landfills.

Although the potential exists for problems, monitoringdata do not indicate leaching or water quality degra-dation. Therefore, no corrective actions are pro-posed. However, two investigative activities areproposed under strategy L.7, SWD Problem Sites.These activities would involve searching for andassessing abandoned landfills and dumps (Activ-ity 1), and intensifying existing monitoring programsaround landfills (Activity 2) to ensure that no leachinginto marine waters is occurring. Under Activity 3,remedial actions would be evaluated and imple-mented, but only if problems were discoveredthrough Activities 1 or 2.

Strategy L.7:SWD Problem Sites

Conduct an assessment to identify solid wastedisposal sites that pose threats to water quality and/or sensitive areas, based on EPA’s Water QualityPlan. Intensify existing monitoring programs aroundlandfills to ensure that no leaching is occurring intomarine waters. If problems are discovered, evaluateand implement appropriate remedial actions such asboring or mining, upgrading closure, collecting and

Landfill Strategies

L.7: SWD Problem Sites• Conduct historical landfill search and

assessment• Intensify landfill monitoring• Evaluate and implement remedial actions

229


implement appropriate remedial actions such asboring or mining, upgrading closure, collecting andtreating leachate, constructing slurry walls, andexcavating and hauling landfill contents.

Implementation. The responsible agency will beMonroe County, working with the FDEP. TheU.S. Navy would have a primary role in dealing withlandfills on its property. The EPA would have anassisting role.


Hazardous Materials Strategies

This section describes strategies/activities to reducethe likelihood of pollution from spills of hazardousmaterials in and near the Keys. The current manage-ment arrangement appears to be functioning ad-equately; however, there are some actions that couldbe taken to further reduce the potential for accidentalspills. These management strategies would enhanceHAZMAT response (W.15), improve spill reporting(W.16), and develop an inventory of hazardousmaterials handling and use in the Keys (L.10).

Hazardous Materials Strategies

W.15: HAZMAT Response• Develop and periodically revise Sanctuary

spill contingency plan• Improve coordination/cooperation• Improve response/containment technologies

W.16: Spill Reporting• Establish spill reporting system• Establish and maintain Sanctuary spills

database

L.10: HAZMAT Handling• Conduct HAZMAT assessment/inventory

Strategy W.15:HAZMAT Response

Improve and expand oil and hazardous materialsresponse programs throughout the Sanctuary.(Priority Level Medium, Low Level of Action in Year1, 36 Months to Complete, <50% Funding Availablefor Full Implementation)

This strategy will reduce the chances that a spill of oilor other hazardous materials will have a significantnegative impact on Sanctuary resources. This will beaccomplished by improving coordination and coop-eration among the Federal, State, and local agenciesresponding to spills; by encouraging improvements inresponse and containment technologies appropriateto the Keys; and by creating a spill contingency planfor the Sanctuary that includes crew and equipmentstaged in the Keys (possibly including skimmers).This strategy recognizes that spills of hazardousmaterials are handled independent of marine spills,

230


and improvement measures will be developed forboth response programs.

Activity 1-Develop and Periodically ReviseSanctuary Spill Contingency Plan. This activitywould involve creating and periodically revising spillcontingency plan for the Sanctuary that includes crewand equipment staged in the Keys (possibly includingskimmers). The plan should cover spills of a size notresponded to by the USCG and should includetraining and education of a local response team.Marine HAZMAT response will be coordinated fromthe Marine Safety Office in Miami. Because spills ofhazardous materials are handled independent ofmarine spills, improvement measures will be devel-oped for both response programs.

Implementation. The responsible agencies will bethe USCG and FDEP. NOAA, Monroe County, andFDCA will assist.


Activity 2-Improve Coordination and Cooperation.This activity will involve improving coordination andcooperation among the Federal, State, and localagencies responding to spills.

Implementation. The responsible agencies will bethe USCG and FDEP. NOAA, Monroe County, andthe FDCA will assist.


Activity 3-Improve Response/ContainmentTechnologies. This activity would encourageimprovements in response and containment tech-nologies appropriate to the Keys.

Implementation. The responsible agencies will bethe USCG and FDEP. NOAA, Monroe County, andFDCA will assist.


Strategy W.16:Spill Reporting

Establish a reporting system to ensure that all spillsin and near the Sanctuary are reported to Sanctuarymanagers and managers of impacted areas withinthe Sanctuary. Establish a geo-referenced Sanctuaryspills database.(Priority Level Low, Low Level of Action in Year 1, 24Months to Complete, <50% Funding Available for FullImplementation)

Activity 1 - Establish Spill Reporting System. Thisactivity would establish a reporting system to ensurethat all spills documented by various agencies (e.g.,USCG, NOAA, FDEP) are reported to Sanctuarymanagers. Small spills in particular are under-reported; they occur frequently, and therefore mayhave a significant cumulative effect on water qualityin the Sanctuary.

Implementation. The responsible agency will be theUSCG. Other primary agencies involved are NOAAand the FDEP. The FDEP would assist in reportingland-based spills that might affect Sanctuary waters.The existing protocol for spill notification should beused. The National Response Center is to be notifiedof all spills.


Activity 2-Establish and Maintain Sanctuary SpillsDatabase . This activity would establish and maintaina geo-referenced database for the Sanctuary thatcould be used to keep track of information aboutspills (e.g., locations, quantities, types of materialspilled, environmental impacts).

Implementation. The responsible agency will beNOAA, with assistance from the FDEP and theUSCG.


231


Strategy W.17:Mosquito Spraying

Refine the aerial mosquito spraying program tofurther reduce aerial spraying over marine areas.(Priority Level High, High Level of Action in Year 1,12 Months to Complete, 75-99% Funding Availablefor Full Implementation)

Mosquito Spraying Strategies

W.17: Mosquito Spraying• Review aerial spraying threshold• Review flight plans and equipment• Reconsider larvicide use• Evaluate ultra-low-volume methods

W.18: Pesticide Research• Research impacts and alternatives• Modify mosquito control program• Conduct field survey of pesticide and

herbicide use

Strategy L.10:HAZMAT Handling

Conduct an assessment and inventory of hazardousmaterials handling and use in the Florida Keysincluding facilities, types and quantities of materials,and transport/movement. Add information to theFDEP/EPA/Monroe County geographic informationsystem (GIS) database.(Priority Level Medium, No Action in Year 1, 36Months to Complete)

Activity 1-Conduct a HAZMAT Assessment/Inventory . This activity would involve conducting anassessment and inventory of hazardous materialshandling and use in the Florida Keys includingfacilities, types and quantities of materials, andtransport/movement. Information will be added to theFDEP/EPA/Monroe County GIS database.

Implementation. The responsible agency will be theFDEP. Other primary agencies involved will be theEPA, FDEP, and Monroe County (e.g., MonroeCounty Health Department maintains database onhazardous materials). The FDCA will have anassisting role.


Mosquito Spraying Strategies

This section describes strategies/activities to reducepollution from pesticides used in mosquito spraying.There are no data indicating that the MosquitoControl Program is causing water quality problems inthe Sanctuary. However, there is little existinginformation on environmental concentrations and/oreffects of pesticides in the Sanctuary. Additional dataconcerning pesticide concentrations in sedimentsand biological tissue throughout the Sanctuary will becollected through the Water Quality MonitoringProgram (strategy W.20).

Based on the considerations discussed above,strategies for major changes to the Mosquito ControlProgram are not appropriate at this time. Additionaldata from the Water Quality Monitoring Program(strategy W.20) will help to determine whether majorchanges are warranted. Two strategies are dis-cussed below. The first (W.17) will involve makingrefinements to the existing program. The second(W.18) will involve conducting research on theimpacts of pesticide use in the Keys, and alternativepractices. Under strategy W.18, the mosquito controlprogram could be modified depending on the re-search findings. Strategy W.18 also includes a fieldsurvey of the full suite of pesticides, herbicides,fungicides, etc. used in the Sanctuary.

232


This strategy would seek to reduce the amounts ofpesticides entering Sanctuary waters through refine-ment of the existing aerial spraying program. Groundspraying by truck is the current method of choice forcontrolling the adult mosquito population. However,aerial spraying is initiated when the mosquito popula-tion reaches a certain threshold as determined bymosquito landing counts at test sites. Although theMonroe County Mosquito Control District attempts toavoid marine areas during aerial spraying, thepotential for pesticides to reach marine waters mightbe reduced through refinements in the program.

Activity 1-Review the Aerial Spraying Threshold.The threshold for initiating aerial spraying will bereviewed to determine whether it can be raised.

Implementation. The responsible agency will be theFlorida Department of Agriculture and ConsumerServices (FDACS). Also, FDCA will have an assistingrole.


Activity 2-Review Flight Plans and Equipment.The aerial spraying program would be reviewed todetermine whether the amount of spray releasedover water could be reduced through development ofa more refined plan for flight lines, and the use ofimproved equipment.

Implementation. The responsible agency will be theFDACS. Also, the FDCA will have an assisting role.


Activity 3-Reconsider Larvicide Use. Groundspraying of larvicides in currently restricted areas willbe reviewed as a means to reduce the need for aerialspraying of adult mosquito populations.

Implementation. The FDACS should be the respon-sible agency to organize a meeting to discuss thisissue. The FDCA will have an assisting role in thisactivity.


Activity 4-Evaluate Ultra-Low-Volume Methods.This activity will involve evaluating the possibility ofeliminating thermal fogs, which contain diesel oil.Ultra-low-volume (ULV) spraying techniques havebeen developed which do not use thermal fogs and

therefore would eliminate this source of diesel oil inthe environment. The use of these techniques wouldlikely require some additional training of pilots.

Implementation. The responsible agency will be theFDACS. Also, the FDCA will have an assisting role.


Strategy W.18:Pesticide Research

Develop and implement an independent researchprogram to assess and investigate the impacts of,and alternatives to, current pesticide practices.Modify the Mosquito Control Program as necessaryon the basis of research findings. Conduct a fieldsurvey of pesticide and herbicide use in the Keys.(Priority Level High, No Action in Year 1, 36+ Monthsto Complete, <50% Funding Available for Full Imple-mentation)

This strategy will establish an independent researchprogram to identify the impacts that current sprayingpractices have on Sanctuary resources, and willidentify alternative means of mosquito control.Because pesticides used in mosquito control arenonspecific to the larval stages of crustaceans, fish,and natural mosquito control predators, the effects ofthe chemicals used, and all of the application meth-ods employed, need to be examined. In addition, theimpact of housing patterns, design, and landscapingas they affect the demand for mosquito control needsto be investigated. The results of this research maybe used to modify the Mosquito Control Program.

Activity 1-Research Impacts and Alternatives. Aresearch program will be established to identify theimpacts of current spraying practices on Sanctuaryresources, and to identify alternative means ofmosquito control.

Implementation. The responsible agency will be theFDACS. The FDEP will also have a primary roleregarding evaluations of pesticide toxicity. The FDCAmay also have an assisting role. As the State land-planning agency for a designated Area of CriticalState Concern, the FDCA has an oversight responsi-bility to ensure that local development regulationsadequately protect the area’s natural resources.FDACS will be responsible for ensuring that mosquito

233


control activities are addressed according to Chapter388, F.S.


Activity 2-Modify the Mosquito Control Program.The results of the pesticide research program will beused to modify the existing Mosquito Control Pro-gram as necessary.

Implementation. The responsible agency will be theFDACS. The FDEP will also be involved as a primaryagency.


Activity 3-Conduct Field Survey of Pesticide andHerbicide Use . This activity would involve a fieldsurvey of the full suite of pesticides, herbicides,fungicides, etc. used in the Keys.

Implementation. The responsible agency will be theFDACS. The FDEP will also be involved as a primaryagency.



Canal Strategies

This section describes strategies/activities to reducewater quality problems in canals. Although some ofthese problems are clearly linked to wastewaterdischarges (from septic tanks of homes lining thecanals), others may be due to the physical structureand orientation of the canals. These factors can leadto low flushing and buildup of weed wrack, whichconsumes oxygen and releases nutrients as itdecays. The strategy described here would inventoryand characterize canals and investigate technologiesto determine whether it would be worthwhile toimplement corrective actions such as weed gatesand bubblers, to improve water quality. Any plan forimplementing such improvements would have to bedeveloped in coordination with plans for dealing withwastewater pollution from septic tanks, which contrib-utes to water quality problems in many canal sys-tems.

Activity 1-Evaluate and Revise Hot Spot List. TheSFWMD will conduct a hot spot workshop in early1996 to evaluate and revise the existing list of hotspots.

Implementation. The responsible agency will beSFWMD. Other agencies with primary roles will bethe EPA, FDEP, Monroe County, and the City of KeyWest.


Activity 2-Inventory and Characterize Canals. Aninventory of dead-end canals and other confinedwater bodies will be conducted to identify areaswhere reduced circulation increases the risk of

Strategy W.10:Canal WQ

Evaluate and revise list of known hot spot canalsystems. Inventory and characterize dead-endcanals/basins and investigate alternative manage-ment strategies to improve their water quality. ReviseFDEP permit criteria to allow alternative strategies toimprove canal water quality. Identify and compile alist of technologies for canal restoration. Develop acommunity education and involvement program, andconduct a canal system restoration pilot project.Implement improvements (consistent with the strate-gies developed for wastewater and stormwater) inknown hot spots throughout the Sanctuary.(Priority Level High, Low Level of Action in Year 1,60+ Months to Complete, <50% Funding Availablefor Full Implementation)

Canal Strategies

W.10: Canal WQ

• Evaluate and revise Hot Spot list• Inventory and characterize canals• Develop and evaluate improvement strategies• Revise FDEP permit criteria• Identify and compile technologies• Develop community education and

involvement program• Conduct canal system restoration pilot

program• Implement improvement strategies

234


depressed dissolved oxygen, retention of bothdissolved and particulate pollutants and potentialimpacts on benthic and pelagic environments. Canalswith water quality problems attributable mainly totheir physical structure and orientation (e.g., allowingweed wrack buildup) rather than wastewater orstormwater pollutants would be targeted for improve-ments.

Implementation. The responsible agency will be theSFWMD. Other agencies with primary roles will bethe EPA, FDEP, Monroe County, and the City of KeyWest.

Schedule. This activity will have no action in year1. It will require 12 months to complete.

Activity 3-Develop and Evaluate ImprovementStrategies . A comprehensive management plan willbe developed for improving water quality innearshore confined basins and canals. Potentialmethods of improving water quality (e.g., aeration,weed gates, and air curtains) will be tested in limitedareas to determine whether widespread application isappropriate.



Activity 4-Revise FDEP Permit Criteria. Thisactivity would revise FDEP permit criteria to allowselected canal water quality improvement strategies.



Activity 5-Identify and Compile Technologies.This activity would identify and compile a list oftechnologies for improving water quality in canals.



Activity 6-Develop Community Education andInvolvement Program. This activity would involvedeveloping a community education program, includ-ing citizens monitoring.



Activity 7-Conduct Canal System RestorationPilot Project.



Activity 8-Implement Improvement Strategies.Effective improvement strategies identified throughprevious activities will be implemented in all canalsand basins identified as hot spots.




235

Monitoring and Special Studies Strategies

W.20: Monitoring• Develop monitoring implementation plan• Select organization/institution to conduct

monitoring• Establish QA/QC authority and protocols• Implement monitoring

W.21: Special Studies: Predictive Models• Conduct a modeling workshop• Develop a modeling implementation plan

W.22: Special Studies: Wastewater Pollutants• Detect wastewater pollutants and ecological

impacts

W.23: Special Studies: Other Pollutants andWater Quality Problems

• Estimate other pollutant loadings• Identify causal linkages between pollutants and

ecological impacts• Develop and evaluate innovative monitoring

tools• Conduct research on global change

W.28: Regional Database• Conduct user needs assessment• Develop implementation plan• Implement and maintain data management system

W.29: Dissemination of Findings• Establish information exchange network• Sponsor conferences• Support journal publication• Disseminate findings to the public

W.32: Technical Advisory Committee• Establish technical advisory committee

W.33: Ecological Monitoring Program(Refer to the Research and Monitoring Action Plan)

transport pathways, and the biological communitiesof the Sanctuary. The Research/Special Studiesprogram is designed to do the following:

• Identify and document cause/effect linkagesbetween specific pollutants, water qualityproblems, and ecological impacts;

• Improve understanding of Sanctuary ecosys-tems and develop predictive capabilities basedon that understanding; and

• Develop innovative monitoring and researchtools to detect pollutants, provide early warningof widespread ecological problems, andidentify cause/effect relationships.

Other strategies in this section are applicable to bothresearch/special studies and monitoring. These areW.28 (Regional Database), W.29 (Dissemination ofResearch Findings), and W.32 (Technical AdvisoryCommittee). Strategy W.32 must be implementedfirst to provide technical oversight for the program.Strategy W.28 should also be implemented beforespecific special studies and monitoring efforts areundertaken.

Monitoring and Research/Special Studies Strategies

This section includes monitoring and research/special studies strategies designed to provideinformation for management decisions. Previouslydescribed strategies which require information fromresearch/monitoring efforts are W.3 (WastewaterManagement Systems), W.5 (Water Quality Stan-dards), W.11 (Stormwater Retrofitting), and W.19(Florida Bay Freshwater Flow).

Goals of the comprehensive monitoring program(strategy W.20) are the following:

• provide long-term, comprehensive informationabout the status and trends of water qualityparameters and biological resources in theSanctuary; and

• evaluate the effectiveness of remedial actionstaken to reduce water pollution.

Goals of the Research/Special Studies Program(strategies W.21 to W.24) are to identify and under-stand cause/effect relationships involving pollutants,

236


Specific institutions, organizations, and/orindividuals may be selected to conduct variousaspects of the Program. These will be selectedby the EPA and FDEP working with the Techni-cal Advisory Committee (see strategy W.32).

• General Cost. The Monitoring Program isexpected to cost about $5 million over thefiscal year 1994-98 planning period. This costis for actual execution of the Program, and isnot reflected in the costs of preliminary activi-ties described below.

Activity 1-Develop a Monitoring ImplementationPlan . This activity will develop an implementationplan that will: 1) revise the design of the MonitoringProgram based on anticipated funding; and 2) de-scribe specific steps to be taken in implementing theProgram. Revision of the Program will probablyinvolve some combination of reducing the scope ofindividual components (e.g., number of stations,transects, etc.) and prioritizing components to befunded first.


Activity 2-Select Organizations/Institutions toConduct Monitoring . This activity will involveselecting an organization or institution to conduct themonitoring program under the direction of the EPA,FDEP, and the Technical Advisory Committee.


Activity 3-Establish Quality Assurance/QualityControl Authority and Protocols . This activity willinvolve designating a quality assurance/qualitycontrol (QA/QC) officer, developing QA/QC protocolsfor the Monitoring Program, and developing guide-lines for researchers to prepare their own QA/QCplans for research projects.


Activity 4-Implement Monitoring. This activity willinvolve conducting water quality, coral reef, andseagrass monitoring as described in the Implementa-tion Plan developed in Activity 1.


This strategy is also included in the Researchand Monitoring and Volunteer action plans.

Strategy W.20:Monitoring

Conduct a long-term, comprehensive monitoringprogram as described in the EPA Water QualityProtection Program.(Priority Level High, High Level of Action in Year 1,60+ Months to Complete, <50% Funding Availablefor Full Implementation)

This strategy will provide long-term, comprehensiveinformation about the status and trends of waterquality parameters and biological resources in theSanctuary. It will allow managers to identify orconfirm problem areas and determine whetherconditions are improving or degrading. In addition,remedial actions taken to reduce pollution will bemonitored to evaluate their effectiveness. Watercolumn parameters to be monitored include tempera-ture, salinity, dissolved oxygen, pH, photosyntheti-cally active radiation, turbidity, nutrients, chlorophyll-a, and alkaline phosphatase activity. Sedimentparameters to be monitored include grain size,mineralogy, organic content, nutrients, metals,pesticides, PCBs, petroleum hydrocarbons, andsewage tracers. In addition to water and sedimentsampling, biological monitoring of seagrass,hardbottom, and mangrove communities will beconducted. Seagrass communities and hardbottomcommunities (including offshore coral reefs andnearshore hardbottom areas) will be monitored by insitu sampling and remote sensing. Changes in theareal coverage of mangrove communities will bemonitored by remote sensing.

Design of the comprehensive monitoring program isdescribed in the EPA Water Quality ProtectionProgram Phase II Report, Task 6. An ImplementationPlan was subsequently developed which: 1) revisedthe Program based on available funding; and 2)-developed specific details of program design (e.g.,locations of water quality, coral reef, and seagrasssampling locations).

• Existing Program Implementation. All of thepreliminary activities described here have beencompleted, and monitoring is in progress.

• General Implementation. The responsibleagencies for water quality monitoring will bethe EPA and FDEP. In addition, the FDEP willbe responsible for establishing and maintainingthe scientific database generated through theMonitoring Program (see strategy W.28).


237

Implementation. The responsible agencies will bethe EPA and FDEP. The NPS and SFWMD will havean assisting role because they are involved in modeldevelopment for the Everglades and Florida Bay.

Schedule. This activity will have a high level ofaction in year 1. It will require 12+ months to com-plete.


Strategy W.22:Wastewater Pollutants

Conduct special studies to document the fate andecological impacts of wastewater pollutants.(Priority Level High, Low Level of Action in Year 1, 36Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Detect Wastewater Pollutants andEcological Impacts. This activity involves conduct-ing special studies to: 1)establish pollutant loadingthresholds above which biotic communities areadversely affected; 2)detect the presence of waste-water pollutants from OSDS, cesspits, package plantboreholes, and/or surface water dischargers and todetermine the relative contributions of each toSanctuary surface waters, groundwaters, and/orsediments; 3)document the transport of pollutantsand describe the severity and extent of ecologicalimpacts that can be specifically linked to thesepollutants. The scope includes all sources of waste-water pollutants throughout the Sanctuary. Potentialapproaches include experimental studies (laboratory,mesocosm, in situ or combinations); eutrophicationgradient studies; comparative studies of impactedand non-impacted sites; historical studies(sclerochronology, geological reconstruction);geographic comparisons (Keys vs. other areas); useof biochemical and ecological indicators such astissue C:N:P ratios, alkaline phosphate activity, andshifts in community structure; use of sewage tracers;and high-frequency and/or spatially intensive waterquality sampling.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy. NOAA mayalso have a primary role, and Monroe County mayassist.

Strategy W.21:Predictive Models

Develop phased hydrodynamic/water quality modelsand coupled, landscape-level ecological models topredict and evaluate the outcome of in-place andproposed water quality management strategies.(Priority Level High, Low Level of Action in Year 1,12+ Months to Complete, <50% Funding Availablefor Full Implementation)

This strategy will develop predictive models which,used with appropriate scientific guidance, wouldallow resource managers to predict and evaluate theoutcome of various management strategies (e.g.,engineering actions to reduce wastewater nutrientloadings). Initial conceptual models would be devel-oped, information needs identified, environmentaldata gathered, and quantitative models developedand refined over the long-term and on a continuousbasis, to aid in management decisions.

• General Schedule. This is a long-term strategythat is expected to be ongoing through 1998.

• Existing Program Implementation. The Univer-sity of Miami’s Center for Marine and Environ-mental Analysis is undertaking a major, 6-year,multimillion dollar effort to model variousaspects of the South Florida environment.

Activity 1-Conduct a Modeling Workshop. Thisactivity will involve conducting a workshop to discussmodeling approaches, develop preliminary concep-tual models, and define specific information needs forthe models.

Implementation. The responsible agencies will bethe EPA and FDEP.


Activity 2-Develop a Modeling ImplementationPlan. This activity will involve developing an overallplan for developing predictive models focused onmanagement needs. The plan will include discussionof preliminary conceptual models, data needs, datagathering, and model development and refinement.The plan will also discuss mechanisms for ensuringthat the modeling effort remains closely tied tomanagement needs.

238



Activity 3-Develop and Evaluate InnovativeMonitoring Tools. This activity would identify andevaluate innovative monitoring tools and methodolo-gies to detect pollutants and identify cause/effectrelationships involving water quality and biologicalresources. New or modified monitoring tools andmethodologies may be needed because of theunique biota and environmental conditions of theSanctuary.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy. NOAA will alsohave a primary role.


Activity 4-Conduct Research on Global Change.This activity will involve research to examine theeffects of stresses associated with global change onthe ecosystem. Examples of stresses include tem-perature, salinity, frequency and intensity of storms,turbidity, sea level change, ultraviolet and visibleradiation.

Implementation. NOAA will be the responsibleagency. The EPA, FWS, and FDEP will provideassistance.



Strategy W.28:Regional Database

Establish a regional database and data managementsystem for recording research results and biological,physical, and chemical parameters associated withSanctuary monitoring programs.(Priority Level High, High Level of Action in Year 1,12 Months to Complete, 100% Funding Available forFull Implementation)

Activity 1-Conduct User Needs Assessment. Thisactivity will involve contacting agencies, institutions,and individuals likely to be involved in water quality

Schedule. This activity will have a low level ofaction in year 1. It will require 36 months to complete.


Strategy W.23:Special Studies

Conduct special studies to document the fate andecological impacts of non-wastewater pollutants,develop innovative monitoring tools, and examine theeffects of global climate change on the organismsand ecosystems of the Keys.(Priority Level Medium, No Action in Year 1, 36Months to Complete, <50% Funding Available for FullImplementation)

Activity 1-Estimate Other Pollutant Loadings . Thisactivity will involve documenting the locations andmagnitudes of pollution inputs (other than wastewa-ter) to the Sanctuary to better understand what areasare at risk. Sources will include those that are point,nonpoint, and external to the Sanctuary (e.g., permit-ted discharges, OSDSs, stormwater runoff, ground-water leachates, marinas, C-111, Biscayne Bay,Florida Bay, southwest Florida and oceanic fluxesand gyre-induced upwelling). Pollutants will includehydrocarbons, heavy metals, and pesticides. Loadestimates will be based on the best available infor-mation, and will include engineering estimates whereapplicable.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy. Assistancemay be provided by NOAA, the NPS, and theSFWMD.


Activity 2-Identify Causal Linkages BetweenPollutants and Ecological Impacts. This activity willinvolve conducting research to identify and documentcausal linkages between non-wastewater pollutantsand specific ecological problems.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy. Assistancemay be provided by NOAA, the NPS, and theSFWMD.


239

monitoring and/or research efforts, to determine theirneeds in terms of data products.

Existing Program Implementation. This activity hasbeen completed.

Implementation. The FDEP will be the responsibleagency. The EPA and NOAA will have a primary rolein a committee that will oversee data managementefforts.


Activity 2-Develop Implementation Plan. Thisactivity will involve developing an implementationplan that addresses all aspects of data managementfor research and monitoring efforts, including infor-mation distribution, storage, archiving, and QA/QC ofdata input. The regional database will include biologi-cal, physical, and chemical parameters and instru-ment records, etc. The implementation plan willdiscuss existing databases and address issuesincluding public access, volunteer data entry, GISintegration and compatibility, and integration of newand historical findings.

Existing Program Implementation. This activity hasbeen completed.

Implementation. The FDEP will be the responsibleagency. The EPA and NOAA will also have a primaryrole in a committee that will oversee data manage-ment efforts.


Activity 3-Implement and Maintain Data Manage-ment System.

Implementation. The FDEP will be the responsibleagency. The EPA and NOAA will also have a primaryrole in a committee that will oversee data manage-ment efforts.

Schedule. This activity will have a low level ofaction in year 1. It will require 60+ months to com-plete.


Strategy W.29:Dissemination of Findings

Develop a program to synthesize and disseminatescientific research and monitoring results includingan information exchange network, conferences, andsupport for the publication of research findings inpeer-reviewed scientific journals.(Priority Level Medium, Low Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)

This strategy would help to disseminate informationabout research findings among scientists and re-source managers and to the general public.

Activity 1-Establish an Information ExchangeNetwork. This activity will develop a compendium ofongoing and planned research in the Sanctuary thatwill be updated periodically.

Implementation. The EPA and FDEP will be theresponsible agencies for this strategy. NOAA willhave a primary role.


Activity 2-Sponsor Conferences. This activity willinvolve sponsoring conferences to keep both scien-tists and managers abreast of research/monitoringresults and existing/planned management actions.



Activity 3-Support Journal Publication. Thisactivity will involve funding the publication of researchand monitoring findings in peer-reviewed scientificand management journals.



240


Activity 4-Disseminate Findings to the Public.This activity would use existing mechanisms andcontinue to develop mechanisms to synthesize anddisseminate findings of the research and monitoringprograms to the public.

Implementation. The EPA, FDEP, and NOAA willbe the responsible agencies for this strategy. NOAA’sannual report will contain a synthesis of scientificfindings written for the average citizen and will bedistributed widely.

Schedule. This activity will have no action in year1.It will require 60+months to complete.


Strategy W.32:Technical Advisory Committee

Establish a technical advisory committee for coordi-nating and guiding research and monitoring activitiesby both the EPA and NOAA.(Completed in Year 1)

Activity 1-Establish a Technical Advisory Com-mittee. This activity will create a technical advisorycommittee as required by the National MarineSanctuaries Program Amendments Act of 1992. TheTechnical Advisory Committee “shall be composed ofscientists from Federal agencies, State agencies,academic institutions, private nonprofit organizations,and knowledgeable citizens.” It will guide the processof setting priorities for research and monitoring forboth the EPA and NOAA.

Existing Program Implementation. This activity wascompleted during fiscal year 1993, prior to thestarting date used in this action plan.



Strategy W.33:Ecological Monitoring Program

Develop and implement a Sanctuary-wide, intensiveecosystem monitoring program. The objective of theprogram will be to monitor the status of variousbiological and ecological indicators of system compo-nents throughout the Sanctuary and adjacent areas,in order to discern the local and system-wide effectsof human and natural disturbances, and assess theoverall health of the Sanctuary.

This strategy will establish a comprehensive, long-term monitoring program throughout the Sanctuaryand adjacent areas that will have three purposes: tosupply resource managers with information on thestatus of the health of living resources and theecosystem; to determine causal relationships relatedto management decisions; and to evaluate theeffectiveness of management actions such as zoningimplementation.

The Ecological Monitoring Program will be fullyintegrated with the comprehensive monitoringprogram (water quality, coral reefs, seagrass), andwill include a temporal and spatial ecological informa-tion system based on current knowledge; a TechnicalAdvisory Committee to assist NOAA with the designand prioritization of the Research and MonitoringProgram; status and trends assessments of corals,fishes, seagrasses, benthic organisms and algae,plankton, and mangroves; a fisheries ecology moni-toring and research component to examine commu-nity composition and function within the Sanctuary'shabitats; a sampling protocol; a data analysis,management, and dissemination protocol; a qualityassurance/quality control protocol; the developmentof an index of Sanctuary health; and a volunteermonitoring program.(Priority Level High, Medium Level of Action in Year1, 60+ Months to Complete, <50% Funding Availablefor Full Implementation)

General Implementation. NOAA will be responsiblefor the overall implementation of the EcologicalMonitoring Program, working with EPA, FDEP,academic and nongovernmental organizations, andthe Technical Advisory Committee. NOAA will havelead responsibility for implementing most activities,but the FDEP will be responsible for establishing anecological information system (Activity 1) and dataanalysis, management, and dissemination protocol(Activity 6). The Technical Advisory Committee will


241

assist NOAA in establishing a sampling protocol(Activity 5).

General Relationship to Other Strategies. Integra-tion of the Ecological Monitoring program and theWater Quality Protection Program will be achievedthrough the Technical Advisory Committee (TAC)and Management Committee specified in the WaterQuality Protection Program. The TAC will be used byNOAA to assist in the design and prioritization of theResearch and Monitoring Program. The SanctuarySuperintendent will serve on the ManagementCommittee which coordinates and facilitates theefforts of the TAC.

General Schedule. The Ecological MonitoringProgram will have a medium level of action in year 1.It will require 60+ months to complete.

This strategy is also included in the Researchand Monitoring and Volunteer Action Plans. Referto the Research and Monitoring Action Plan for adescription of activities.

242


Cost . Table 26 also lists estimated costs to imple-ment each strategy and its component activities.Costs are divided into capital cost, and annualoperating and maintenance costs.

Most of the costs listed in the table are institutionalcosts for implementing the strategies, as developedat the “Institutional Arrangements and ApproximateCosts Work Session” held in the Florida Keys onOctober 21-22, 1992. However, estimates for fivestrategies also include costs for upgrading, construct-ing, and/or maintaining facilities:

• W.1 (OSDS Demonstration Project);

• W.2 (AWT Demonstration Project);

• W.3 (Wastewater Management Systems);

• W.4 (Wastewater Disposal, City of Key West);and

• W.11 (Stormwater Retrofitting).

These costs are from the Phase II report of the EPAWater Quality Protection Program. Potential fundingsources are also discussed in that report. Much moredetailed information on costs and implementationrequirements would have to be developed beforethese improvements were undertaken.

Based on the figures in Table 26, the estimated costto implement all activities in the Water Quality ActionPlan is between $290 million to $510 million. How-ever, much of this total is accounted for by thefollowing two very expensive strategies.

• W.3 (Wastewater Treatment Outside KeyWest): At a minimum, >$57 million to eliminatecesspits and upgrade OSDS (septic systems)to current standards. Plus, if chosen as thepreferred wastewater treatment option,>$200 million to construct two communitysewage plants serving Key Largo and Mara-thon.

• W.11 (Stormwater Retrofitting): $200 million toimplement stormwater engineering modifica-tions to hot spots and portions of US 1.

Because of the high costs involved, substantial datacollection through prerequisite strategies will benecessary to enable decisions regarding implementa-tion of either strategy.

Implementation

This section explains how the Water QualityAction Plan will be implemented. The institutionsresponsible for each activity, and those agenciesthat will provide some level of assistance, areidentified. In addition, the number of monthsrequired to complete, cost estimates, staff andequipment requirements, and the geographicfocus of each activity are provided. The sectionconcludes with a description of contingencyplanning for changing budgets, and the processused to evaluate the effectiveness of the WaterQuality Action Plan as it evolves over time.

Responsible Institutions . The Water Quality ActionPlan will be implemented by a coordinated frameworkof Federal, State, and local agencies. The EPA andFDEP, however, will have the lead responsibility inthe overall implementation of the Plan. They willcoordinate closely with NOAA, which has overallresponsibility for implementing the Management Planfor the Sanctuary. Other agencies with lead responsi-bility for one or more activities are the USCG,FDHRS, FDCA, FDACS, FKAA (possibly), MonroeCounty, and the municipalities. In addition, theSFWMD has a primary or assisting role in severalstrategies. Table 25 lists the responsible institutionsand their level of responsibility in each activity.

Priority Activities. Each activity included in theWater Quality Action Plan is ranked as high, medium,or low priority (Table 26). High-priority strategies(summarized in Table 27) are those that have thegreatest urgency and are most likely to be imple-mented first. A strategy’s priority is also based uponits projected effectiveness in reducing water qualityproblems in the Sanctuary. Strategies that wouldreduce pollution directly, provide information neededfor critical decisions, or allow another high-prioritystrategy to be implemented are generally assigned ahigh priority. Strategies that might indirectly reducepollution by making the management/regulatorysystem work more efficiently are generally assigneda low priority. However, some low-priority strategiesmight be implemented early if they are simple andinexpensive.

Schedule . Table 26 lists the estimated time requiredfor the implementation of each strategy and activityincluded within the program. The number of monthsrequired to complete each strategy and activity isprovided. For this action plan, year 1 is defined asbeginning in fiscal year 1994, not in fall 1994 as inother action plans.


243

Equipment . A variety of equipment will be requiredto implement portions of the Water Quality ActionPlan. Equipment needs cannot be summarized dueto the variety and complexity of activities described.The following strategies are essentially administrativeor “desktop” in nature, and should not requireequipment purchase:

• W.5: Water Quality Standards

• W.6: NPDES Program Delegation

• W.7: Resource Monitoring of SurfaceDischarges

• W.8: OSDS Permitting

• W.12: Stormwater Permitting

• W.13: Stormwater Management

• W.16: Spill Reporting

• W.19: Special Studies: Florida BayFreshwater Flow

• W.29: Dissemination of Findings

• W.32: Technical Advisory Committee

Contingency Planning for Changing Budgets . TheWater Quality Action Plan includes a wide variety ofstrategies and activities that will be implemented byvarious agencies and funded through various mecha-nisms. A separate study of potential funding sourceswas conducted by the EPA, and is included in theWater Quality Protection Program Phase II Report.The EPA and FDEP, with guidance from the Techni-cal Advisory Committee (established understrategy W.32), will be responsible for reprioritizingstrategies and activities depending on the availablefunds.

Evaluating Program Effectiveness . The EPA andFDEP will report regularly to the Steering Committeeon the effectiveness of program activities. Eachstrategy will be evaluated to determine whether it isbeing successfully implemented. The evaluation willidentify those types of activities which may no longerbe useful, and those which have not been adequatelyaddressed. The Steering Committee will meetregularly to review and assess the EPA's and FDEP’sevaluation of Program implementation. As requiredby the National Marine Sanctuaries Program Amend-ments Act of 1992, the Steering Committee willsubmit a biennial report to Congress that will:

The following are additional strategies costing$5 million or more:

• L.7 (SWD Problem Sites): >$10 million toimplement remedial actions at landfill sites, ifnecessary. [Note: the most costly activity(remediation) is a low priority, because it wouldbe implemented only if significant problemswere detected through a landfill search andintensified monitoring.]

• W.4 (Wastewater Disposal, City of Key West):>$7 million to upgrade effluent disposal (usingdeep-well injection for a minimum estimate).

• W.33 (Ecological Monitoring Program): $5million to $7 million to monitor the status andtrends of various ecological indicators ofecosystem health.

• W.14 (Best Management Practices): >$5 mil-lion to implement best management practicesfor stormwater runoff.

• W.20 (Monitoring Program): About $7 million tomonitor status and trends in water quality andbiological resources.

Excluding the two very expensive strategies dis-cussed above (W.3 and W.11), the total cost of allstrategies is $34 million to $55 million. (This is basedon the strategy costs listed in Table 26).

Geographic Focus . The geographic focus(Sanctuary-wide, Upper Keys, Middle Keys, or LowerKeys) for each activity is indicated in Table 26. Mostof the activities are Sanctuary-wide in focus. The twodemonstration projects (strategies W.1 and W.2) willbe conducted in specific areas of the Upper or MiddleKeys, but are intended to provide broadly applicableinformation. Strategy W.4 applies only to Key West.

Personnel . The staff required to implement theWater Quality Action Plan will be a combination ofpersonnel from various agencies and organizationsidentified in Table 25. In addition, scientists fromvarious universities, research institutions, andenvironmental firms may be involved in the WaterQuality Monitoring Program (strategy W.20) andvarious research strategies (strategies W.21 toW.24). Volunteers may be involved in conductingportions of the Water Quality Monitoring Program, buttheir role has not yet been identified. The totalnumber of personnel likely to be involved in imple-menting each strategy is listed in Table 26.

244


• summarize the progress of the Program;

• summarize any modifications to the Programand its recommended actions and plans; and

• incorporate specific recommendations con-cerning implementation of the Program.


245


W.7 Resource Monitoring of Surface Discharges

Require Resource Monitoring

W.6 NPDES Program Delegation

Develop Water Quality Standards


W.4 Wastewater Disposal, City of Key West

Conduct Historical Assessment

Conduct Circulation Studies

Conduct Ecological Studies

Select Alternate OSDS and Test Locations

Mon

roe

Cou

nty

Strategy/Activity


W.19 Florida Bay Freshwater Flow

Establish Leading Role for Steering Committee

Participate in Review/Revision of Water Management Strategies

FLORIDA BAY/EXTERNAL INFLUENCE

NO

AA

FD

EP

EP

A

Oth

er M

unic

ip.


NP

S

FW

S


Conduct OSDS Demonstration Project

W.1 OSDS Demonstration Project

Select Specific Technology and Test LocationConduct AWT Pilot Project

W.3 Wastewater Management Systems

Establish Inspection/Compliance Programs for Cesspits, OSDS, and Package Plants

Evaluate Development of Nutrient Reduction Targets

Develop Sanitary Wastewater Master Plan

Implement Master Plan. Examples:

NM

FS

US

CG

US

GS

US

AC

E

City

of K

W

FD

CA

FD

HR

S

FD

OT

FD

AC

S

FK

AA

SF

WM

D

DOMESTIC WASTEWATER

W.2 AWT Demonstration Project

• W3d: Construct two community plants• W3d: Upgrade package plants to AWT

Evaluate Disposal and Reuse Options

Upgrade Effluent Disposal

Delegate NPDES Program

Develop and Evaluate Indicators

246



L.2 Marina Siting and Design

Improve Interagency Cooperation in Marina Permitting

Establish Mooring Fields


B.7 Pollution Discharges

MARINAS AND LIVE-ABOARDS

Develop and Implement Best Management Practices and a Public Education Program

W.14 Best Management Practices

W.13 Stormwater ManagementDevelop and Enact Stormwater Ordinances and Master Plans

W.11 Stormwater Retrofitting

STORMWATER

Conduct Feasibility Study

Inventory Stormwater Hot Spots

Mon

roe

Cou

nty

Strategy/Activity

W.8 OSDS Permitting

Improve Interagency CoordinationCombine OSDS Permitting Responsibilities

DOMESTIC WASTEWATER (cont.)

NO

AA

FD

EP

EP

A

Oth

er M

unic

ip.


NP

S

FW

S

W.9 Laboratory Facilities

Retrofit Hot Spots and Portions of US 1

Eliminate Permitting Threshold

NM

FS

US

CG

US

GS

US

AC

E

City

of K

W

FD

CA

FD

HR

S

FD

OT

FD

AC

S

FK

AA

SF

WM

D

W.12 Stormwater Permitting

Monitor Revised OSDS Rules

Petition the EPA to Include the Keys in the Stormwater NPDES Program

Implement the 1994 Florida Clean Vessel Act

Develop and Implement a Public Education Program

Change Environmental Crimes Category


Develop Plan for Sewage Discharge Elimination

L.1 Marina Pumpout

L.6 Mobile Pumpout

Establish Mobile Pumpout Service

Require Marina Pumpout FacilitiesEnforce Pumpout Use

Evaluate Feasibility of Mooring FieldsEstablish Criteria for Mooring Fields

Establish Interagency Laboratory

Establish no-discharge zones

Evaluate the need for no-discharge zones


247


Mon

roe

Cou

nty

Strategy/Activity

L.3 Marina OperationsEstablish Containment Areas for Boat Maintenance

MARINAS AND LIVE-ABOARDS (cont.)

NO

AA

FD

EP

EP

A

Oth

er M

unic

ip.


NP

SF

WS

NM

FS

US

CG

US

GS

US

AC

E

City

of K

W

FD

CA

FD

HR

S

FD

OT

FD

AC

S

FK

AA

SF

WM

D

Implement Improvement Strategies

W.10 Canal WQ

Inventory and Characterize Canals

Develop and Evaluate Improvement Strategies

L.10 HAZMAT Handling

W.15 HAZMAT Response

HAZARDOUS MATERIALS

Develop and Periodically Revise Sanctuary Spill Contingency Plan

Reconsider Larvicide Use

Review Flight Plans and Equipment

W.17 Mosquito Spraying

MOSQUITO SPRAYING

W.16 Spill Reporting


LANDFILLS


Expand Environmental Awareness Program

Conduct Historical Landfill Search and Assessment


Intensify Landfill Monitoring

Evaluate and Implement Remedial Actions

Research Impacts and Alternatives

Review Aerial Spraying Threshold

Evaluate Ultra-low-volume Methods

Modify Mosquito Control Program

Improve Coordination and Cooperation

Improve Response/Containment Technologies

Establish Spill Reporting System

Establish and Maintain Sanctuary Spills Database

Conduct HAZMAT Assessment/Inventory

CANALS

Encourage Owners to Participate in Environmentally-Oriented Organizations

Encourage Owners to Provide User Manual

Conduct Field Survey of Pesticide and Herbicide Use

Evaluate and Revise Hot Spot List

Revise FDEP Permit Criteria

Identify and Compile Technologies

Develop Community Education and Involvement Program

Conduct Canal System Restoration Pilot Project

E.4 Training, Workshops, and School Programs

248



Abbreviations: NOAA, National Oceanic and Atmospheric Administration; NMFS, National Marine Fisheries Service; EPA, U.S. Environmental Protection Agency; USCG, U.S. Coast Guard; USGS, U.S. Geological Survey; NPS, National Park Service; FWS, U.S. Fish and Wildlife Service; USACE, U.S. Army Corp of Engineers; FDEP, Florida Department of Environmental Protection; FDHRS, Florida Department of Health and Rehabilitative Services; FDCA, Florida Department of Consumer Affairs; FDACS, Florida Department of Agriculture and Consumer Services; FDOT, Florida Department of Transportation; SFWMD, South Florida Water Management District; City of K.W., City of Key West; Other Municip., Other Municipalities.


Establish Technical Advisory Committee

W.32 Technical Advisory Committee


Support Journal Publication

Establish Information Exchange NetworkSponsor Conferences


Conduct User Needs Assessment

Develop Implementation Plan

W.23 Special Studies

W.22 Wastewater Pollutants

Develop Monitoring Implementation Plan

Mon

roe

Cou

nty

Strategy/Activity


NO

AA

FD

EP

EP

A

Oth

er M

unic

ip.


NP

S

FW

S

Select Organization/Institution to Conduct Monitoring

W.20 Monitoring

Establish QA/QC Authority and Protocols

NM

FS

US

CG

US

GS

US

AC

E

City

of K

W

FD

CA

FD

HR

S

FD

OT

FD

AC

S

FK

AA

SF

WM

D

MONITORING AND SPECIAL STUDIES


Implement Monitoring

Develop a Modeling Implementation Plan


Conduct a Modeling Workshop

Implement and Maintain Data Management System

Detect Wastewater Pollutants and Ecological Impacts

Estimate Other Pollutant Loadings

Identify Causal Linkages Between Pollutants and Ecological Impacts

Develop and Evaluate Innovative Monitoring Tools

Conduct Research on Global Change

Disseminate Findings to the Public


249


W.7 Resource Monitoring of Surface Discharges

Require Resource Monitoring

W.6 NPDES Program Delegation

Develop Water Quality Standards


W.4 Wastewater Disposal, City of Key West

Conduct Historical Assessment

Conduct Circulation Studies

Conduct Ecological Studies

Select Alternate OSDS and Test Locations


Establish Leading Role for Steering Committee

Participate in Review/Revision of Water Management Strategies


Conduct OSDS Demonstration Project


Select Specific Technology and Test LocationConduct AWT Pilot Project


Establish Inspection/Compliance for Cesspits, OSDS, and Package Plants

Evaluate Development of Nutrient Reduction Targets

Develop Sanitary Wastewater Master Plan

Implement Master Plan. Examples:

DOMESTIC WASTEWATER


• W3d: Construct two community plants

• W3d: Upgrade package plants to AWT

Evaluate Disposal and Reuse Options

Upgrade Effluent Disposal

Delegate NPDES Program

Strategy/Activity

Implementation

Pri

ority

Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ope

ratio

ns/

Mai

nten

ance

($1,

000)

SW

SW

SW

Mon

ths

to C

ompl

ete

Fund

ing

Ava

ilabl

e

to C

ompl

ete

Medium 100%

High

Cap

ital

($1,

000)

Ope

ratio

ns/M

aint

.

($1,

000)

Institutional Engineering/Facilities

NC 10-99

1-2

NC 10-99

High <50% 3-5

SW

SW

SW

NC

NC

10-99100-999100-999

100%

UK,MK

UK,MK

1-2

NC

5,000-10,000

10-99

1-9

300-600

17-33

None

NC 1-9

10-99 10-99

UK,MKUK,MK

1-2

NC

NC

NC

NC

100-999

10-99

10-99

10-99

1,000-5,000

184,000

56,000

5,250

400

57,000 NC

Low

Done

<50%

3-5

1-2

11-25

SW

SW

SW

SW

SW

100%

NC 100-999

7,000 225 LK

3-5

NC 10-99

SW

3-5

NC 10-99 SW

1-2

NC 10-99 SW

1-2

*

FLORIDA BAY/EXTERNAL INFLUENCE

10-99 30-60 25-50

High

Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys.

Medium

Done

36+

36+

0 100%

100%

High

Low

48

36

48

12

<50%

<50%

<50%

Done

Low

36

0

36 100%

100%

None

None

36

12

36

High

High

None

None

36+

36

12

36

<50%

<50%

<50%

<50%

0%

Low

None

48

12

48 <50%

?

Low

None

60+

60+

<50%

<50%

Done

0

0 100%

Low

Low

36

36

100%

100%

Pla

nned

Lev

el o

f

Act

ivity

in Y

ear 1

NC 10-99

100-999+

10-9910-99 30-60 25-50

300-600 17-3310-99 10-99

100-999 7,000 225

NC

NC 10-99

NC 10-99

5,000-10,000

1,000-5,000

113,000-241,000

5,250

?

High

Develop and Evaluate Indicators

3-5

High

SW

Low

*

Priority: = High = Medium * = Low

NC

NC

NC

100-999

NC36 <50% 100-999

<50%

<50%

<50%

250



Pla

nned

Lev

el o

f

Act

ivity

in Y

ear 1

W.14 Best Management Practices

Develop Plan for Sewage Discharge Elimination

L.1 Marina Pumpout


B.7 Pollution Discharges


Develop and Implement Best Management Practices and Public Education Program

W.13 Stormwater Management

Develop and Enact Stormwater Ordinances and Master Plans

W.11 Stormwater Retrofitting

STORMWATER

L.2 Marina Siting and Design

L.6 Mobile Pumpout

Conduct Feasibility Study

Inventory Stormwater Hotspots

W.8 OSDS Permitting

Improve Interagency CoordinationCombine OSDS Permitting Responsibilities

DOMESTIC WASTEWATER (cont.)

W.9 Laboratory Facilities

Retrofit Hotspots and Portions of US 1

Eliminate Permitting Threshold

W.12 Stormwater Permitting

Establish Mobile Pumpout Service

Monitor Revised OSDS Rules

Petition EPA to Include the Florida Keys in the Stormwater NPDES Program

Change Environmental Crimes Categoriy

Require Marina Pumpout Facilities

Enforce Pumpout Use

Improve Interagency Cooperation in Marina Permitting

Strategy/Activity

SW

MK

None

Low <50%

Low <50%

Low

High

Done

Implementation Cost to Complete

Institutional Engineering/Facilities

100%

NC 10-99

6-10

>10,000

3-5

NC 10-99

NC 10-99

SW

SW

10-99

NC 10-99

>5,000 80,000

3-5

6,000

NC NC

SW

SW

SW

None

NC

NC 10-99

100-999 SW

SW

1-2

100-999

1,000-5,000 SW

3-5

NC

NC

NC

10-99

10-99

10-99

SW

SW

SW

3-5

SW

?

NC

NC

NC

10-99

10-99

10-99

SW

SW

SW

3-5

NC 10-99

3-5

None

NC 10-99

SW

SW

3-5

Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys.

None

None

None

100%36

100%

36

36

24

?

?

None 36

None 12

<50%

<50%

Low

None

60+

12

60+

<50%

0

Done

0

0 100%

Medium

Medium

None

24

24 100%

100%

100%

Low

Low

36

36

<50%

<50%

Low

Low

None

12

12

36

12

36

?

?

Low

None

36

36

<50%

<50%

<50%

None

None

Low 12

36

60

60

<50%

100%

100%

None

None

36

36

<50%

<50%

<50%

100%

100%

36

36None

NC 10-99

NC 10-99

100-999NC

100-999

100-999

1,000-5,000

NC 100-999

NC NC

>10,000 >5,000 80,000 6,000

100-999

10-99

NC 100-999

? ?

? ?

Establish Mooring Fields

Evaluate Feasibility of Mooring Fields

Establish Criteria for Mooring Fields

Implement 1994 Florida Clean Vessel Act

Develop and Implement a Public Education Program

Pri

ority

Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Ope

ratio

ns/M

aint

.

($1,

000)

Mon

ths

to C

ompl

ete

Fund

ing

Ava

ilabl

e

to C

ompl

ete

Cap

ital

($1,

000)

Ope

ratio

ns/M

aint

.

($1,

000)

SWLow 12 <50% NC

SWNone 12 <50% NC

*

Establish Interagency Laboratory None 36 <50% 100-999

10-99 MK

*

Priority: = High = Medium * = Low

10-99

10-99

10-99

NC

Establish No-discharge Zones

Evaluate the Need for No-discharge Zones

Low 12

None 48

*


251


Pla

nned

Lev

el o

f

Act

ivity

in Y

ear 1

Pri

ority

Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Ope

ratio

ns/M

aint

.

($1,

000)

Mon

ths

to C

ompl

ete

Fund

ing

Ava

ilabl

e

to C

ompl

ete

Cap

ital

($1,

000)

Ope

ratio

ns/M

aint

.

($1,

000)

L.3 Marina Operations

Strategy/Activity

MARINAS AND LIVE-ABOARDS (cont.)


Institutional

SW

None

NC 10-99

3-5<50%36

<50%None

3636

36

NC 10-99

W.10 Canal WQ

L.10 HAZMAT Handling

W.15 HAZMAT Response

HAZARDOUS MATERIALS

Develop and Periodically Revise Sanctuary Spill Contingency Plan

Reconsider Larvicide Use

Review Flight Plans and Equipment


MOSQUITO SPRAYING

W.16 Spill Reporting


LANDFILLS


Conduct Historical Landfill Search and Assessment

E.4 Training/Workshops/School Programs

Intensify Landfill Monitoring

Evaluate and Implement Remedial Actions

Research Impacts and Alternatives

Review Aerial Spraying Threshold

Evaluate Ultra-low-volume Methods

Modify Mosquito Control Program

Improve Coordination and Cooperation

Improve Response/Containment Technologies

Establish Spill Reporting System

Establish and Maintain Sanctuary Spill Database

Conduct HAZMAT Assessment/Inventory

CANALS SW

High 75-99%

High

Medium <50%

>10,000Medium >5,000 80,000 6,000

Medium

NC

10

1-2

1,000-5,000

5 SW

NC

<10

<10

10-99

10-99

SW

SW

SW

1-2

10-99

10-99

10-99

10-99

10-99

SW

SW

SW

1-2

NC

<10

10-99

10-99

SW

SW

1-2

NC 10-99 SW

1-2

NC

10-99

NC

NC

10-99

10-99

10-99

10-99

SW

SW

SW

SW

3-5

None

NC

?

100-999

?

SW

SW

3-5

NC

100-999

10-99

100-999

SW

SW

SW

1-2

24 <50%Medium

24

36

36

60+ <50%

<50%

<50%

None

None

None

None <50%60+

36

12

36 <50%

100%

<50%

None

Low

None

Low <50%36

12

24 <50%

?

None

Low

Low <50%24

36 ?None

36 ?None

12

High 75-99%12

High 75-99%12

High 75-99%12

High 75-99%12

<50%36+

None 36 <50%

None 36+

60+ <50%

12Low <50%

<50%

12None

None 12

<50%

10 5

1,000-5,000<10

<10 10-99

NC 10-99

10-99 10-99

NC 100-999

100-999

100-999

10-99 100-999

Establish Containment Areas for Boat Maintenance

Encourage Owners to Participate in Environmental Organizations

Encourage Marina Owners to Provide User Manual with Local Environmental Information

Expand Environmental Awareness Program

Engineering/Facilities

None

None

SWNC100%12 NC

SWNC100%12 NC

*Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys.Priority: = High = Medium = Low

*

Conduct Field Survey of Pesticide and Herbicide Use None NC 100-

999SW12 <50%

Implement Improvement Strategies

Inventory and Characterize Canals

Develop and Evaluate Improvement Strategies

Evaluate and Revise Hot Spot List

Revise FDEP Permit Criteria

Identify and Compile TechnologiesDevelop Community Education and Involvement ProgramConduct Canal System Restoration Pilot Project

Low

None

None

None

None

None

12

24

12

12

60

100%<50%

<50%

<50%

<50%

NC 10-99

NC 10-99

NC 10-99

100-999

100-999

NC 10-99

10-9910-99

SW

SW

SW

SW

SW

<50%

252



Pla

nned

Lev

el o

f

Act

ivity

in Y

ear 1

*Abbreviations: SW, Sanctuary Wide; UK, Upper Keys; MK, Middle Keys; LK, Lower Keys.Priority: = High = Medium = Low


Establish Technical Advisory Committee

W.32 Technical Advisory Committee


Support Journal Publication

Establish Information Exchange Network

Sponsor Conferences


Conduct User Needs Assessment

Develop Implementation Plan

Develop Monitoring Implementation Plan

Identify Organization/Institution to Conduct Monitoring

W.20 Monitoring

Establish QA/QC Authority and Protocols


Conduct Modeling Workshops

Develop Modeling Implementation Plan

Strategy/Activity


Institutional

SW

High <50%

NC 10-99

3-5

NC

<10NC

10-99

SW

SW

NC

NC

10-99

10-99

SW

SW

3-5

Low 3-5

<10

NC 10-99

10-99

SW

SW

1-2

<10

NC

NC

10-99

10-99

10-99

SW

SW

SW

3-5

*

Done 100%

NC 10-99 SW

3-5

100%0

0

Done

100%0Done

Done

60+

<50%12High

<50%12+High

<50%12+High

<50%36

100%0Done

<50%60+High

100%0

Low

Low <50%60+

12Low <50%

None <50%60+

None <50%60+

0

Done 100%0

Implement Monitoring <50%Low 60+


NC 10-99

<10 100-999

<10 10-99

NC 100-999

NC 100-999

5,000+NC

5,000+NC

Pri

ority

Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Ope

ratio

ns/M

aint

.

($1,

000)

Mon

ths

to C

ompl

ete

Fund

ing

Ava

ilabl

e

to C

ompl

ete

Cap

ital

($1,

000)

Ope

ratio

ns/M

aint

.

($1,

000)

W.23 Special Studies

W.22 Wastewater Pollutants

Detect Wastewater Pollutants and Ecological Impacts

Implement and Maintain Data Management System

Disseminate Findings to the Public

100%

Low <50%36 NC100-999

SW

Estimate Other Pollutant Loadings

Identify Causal Linkages Between Pollutants and Ecological Impacts

Develop and Evaluate Other Monitoring Tools

Conduct Research on Global Change

None

None

None

None

None

<50%36 NC100-999

<50%36 NC 100-999

<50%36 NC 100-999

<50%36 NC 100-999

<50%36 NC 100-999

SW

SW

SW

SW

3-5

Done

60+ <50% <10 10-99 SW

NC 10-99 SWNone <50%60+

Engineering/Facilities


SW


253

Strategy/Activity Rationale

FLORIDA BAY/EXTERNAL INFLUENCES


• Establish Leading Role for Steering Committee• Participate in Review/Revision of Water Management

Strategies

W.24 Florida Bay Influence• Conduct Historical Assessment• Conduct Circulation Studies• Conduct Ecological Studies

DOMESTIC WASTEWATER


• Select Alternate OSDS and Test Locations• Conduct OSDS Demonstration Project


• Select Specific Technology and Test Location• Conduct AWT Pilot Project


• Establish Inspection/Compliance Programs for Cesspits,OSDS, and Package Plants

• Evaluate Development of Nutrient Reduction Targets• Develop Sanitary Wastewater Master Plan• Implement Master Plan

W.4 Wastewater Disposal, City of Key West• Evaluate Disposal and Reuse Options• Upgrade Effluent Disposal

W.22 Wastewater Pollutants• Detect Wastewater Pollutants and Ecological Impacts


L.1 Marina Pumpout

• Develop Plan for Sewage Discharge Elimination• Require Marina Pumpout Facilities• Enforce Pumpout Use

MOSQUITO SPRAYING


• Review Aerial Spraying Threshold• Review Flight Plans and Equipment• Reconsider Larvicide Use• Evaluate Ultra-low-volume Methods

W.18 Pesticide Research• Research Impacts and Alternatives• Modify Mosquito Control Program• Conduct Field Survey of Pesticide and Herbicide Use

Addresses a potentially major, external influence on waterquality in the Sanctuary. The Sanctuary must be involvedin decisions affecting its jurisdiction.

Addresses a potentially major, external influence on waterquality in the Sanctuary. Understanding Florida Bayinfluence must be considered in decisions regardingwastewater management systems (strategy W.3) and inrestoring freshwater flow to Florida Bay (strategy W.19).

Provides critical information for decisions regardingwastewater management systems (strategy W.3).

Provides critical information for decisions regardingwastewater management systems (strategy W.3).

Will lead to major reductions in wastewater nutrient loadingto Sanctuary waters through enforcing existing standards,upgrading existing systems, and/or constructingcommunity wastewater plants.

Directly reduces nutrient loadings to surface waters.

Provides critical information for decisions regardingwastewater management systems (strategy W.3). Providescritical information about cause/effect relationships linkingwastewater pollutants and Sanctuary resources.

Develops and implements a coordinated plan to directlyreduce nutrient loadings from live-aboards and otherboaters, which can contribute to water quality degradation inconfined waters.

Evaluates alternatives to minimize impacts of currentpesticide practices.

Reduces aerial spraying of pesticides, leading to reducedinputs of pesticides and diesel oil to the marine environ-ment.

Table 27. Rationale for the High Priority Level of Water Quality Strategies

254


Strategy/Activity Rationale

Addresses documented water quality degradationin canals.

Provides critical data on long-term status and trends inwater quality and biological resources for managementdecisions. The monitoring program is required by theFlorida Keys National Marine Sanctuary and ProtectionAct.

CANALS

W.10 Canal WQ

• Evaluate and Revise Hot Spot List• Inventory and Characterize Canals• Develop and Evaluate Improvement Strategies• Revise FDEP Permit Criteria• Identify and Compile Technologies• Develop Community Education and Involvement Program• Conduct Canal System Restoration Pilot Project• Implement Improvement Strategies


W.20 Monitoring

• Develop Monitoring Implementation Plan• Identify Organization/Institution to Conduct Monitoring• Establish QA/QC Authority and Protocols• Implement Monitoring

W.21 Predictive Models• Conduct a Modeling Workshop• Develop a Modeling Implementation Plan

W.22 Wastewater Pollutants• Detect Wastewater Pollutants and Ecological Impacts

W.24 Florida Bay Influence• Conduct Historical Assessment• Conduct Circulation Studies• Conduct Ecological Studies

W.28 Regional Database• Conduct User Needs Assessment• Develop Implementation Plan• Implement Data Management System

W.32 Technical Advisory Committee• Establish Technical Advisory Committee


Table 27. Rationale for the HIgh Priority Level of Water Quality Strategies (cont.)

Provides critical information on the health of livingresources and the ecosystem, causal relationshipsrelated to management decisions, and the effectivenessof management actions. The ecological monitoringprogram is required by the Florida Keys National MarineSanctuary and Protection Act.

Establishes technical (scientific and resource management)oversight for all monitoring and special studies efforts.

Data management is an integral part of allmonitoring and special studies efforts; must bedeveloped before field/lab work begins.

(see above, Florida Bay/External Influences)

(see above, Domestic Wastewater)

Provides critical guidance to resource managers.

Action Plans: Zoning

255

Sanctuary Preservation Areas, and Special-useAreas are established to ensure protection of Sanctu-ary resources. Each of these zone types is designedto reduce damage to resources and threats toenvironmental quality, while allowing uses that arecompatible with resource protection. The zones willprotect habitats and species by limiting consumptiveand/or conflicting user activities, and allowing re-sources to evolve in a natural state, with minimumhuman influence. This plan outlines the process forestablishing the zones. Prioritizing zone marking,marking zone boundaries, and managing zones arealso each discussed.

The term Ecological Reserves replaces the termReplenishment Reserves in the FMP/EIS. NOAAhas changed the name to reflect public concernsover the purpose of these areas, however, theobjective and definition of this zone type remains thesame. The main purpose of Ecological Reserves isto protect biodiversity by setting aside areas withminimal human disturbance. These zones will serveto protect and enhance the spawning, nursery orpermanent resident areas of fish and other marinelife. Hundreds of marine species are not protectedby any form of management and the EcologicalReserves will provide protection and allow areas toreturn to their natural state. These areas will addi-tionally protect the food and home of commerciallyand recreationally important species of marine life.The objective and definition of this zone type remainsthe same.

The five zone types which will be implemented in theSanctuary are:

Wildlife Management Areas. These areas are estab-lished to minimize disturbance to especially sensitivewildlife populations and their habitats to ensure

This action plan identifies the zoning strategiesthat will be implemented in the Sanctuary. Thestrategies in the plan are derived from AlternativeIII, the most balanced of the management alterna-tives. For each strategy, the time required forimplementation, funding availability, level ofactivity in year 1, costs, and responsible partiesare outlined. Maps showing the location of eachzone are also included in this plan. Table 28summarizes key information about zoning strate-gies.

Introduction

The consideration of temporal and geographic zoningto ensure protection of Sanctuary resources ismandated under Section 7 (a) (2) of the Florida KeysNational Marine Sanctuary and Protection Act.Marine zoning is a management tool that has beenused around the world to protect sensitive marineresources from overuse and to separate conflictingvisitor uses. Marine zoning is being implemented inthe Florida Keys National Marine Sanctuary to assistin the protection of the biological diversity of themarine environment in the Keys. In addition, marinezoning will disperse uses of the resources in such away as to reduce user conflicts and lessen theconcentrated impact to marine organisms on heavilyused reefs. As a management tool, marine zoningallows the sanctuary to focus the majority of itsmanagement efforts on a small portion of the sanctu-ary while addressing water quality and habitatdegradation in the broader unzoned portions of thearea.

In addition to the Existing Management Areas in theKeys (national wildlife refuges, state parks, etc.),Wildlife Management Areas, Ecological Reserves,

Zoning Action Plan

Table 28. Summary of Zoning Strategies

Z.1 Wildlife Management Areas

Overall Sanctuary

Priority Level

Months to

Complete

Zoning


Year 1

Funding for Full

Implemen-tation


be Undertaken

Numberof


259

259

Z.2 Ecological Reserves High High <50% 3 312+260

High Medium 4 4Z.3 Sanctuary Preservation Areas <50%18+261

Medium Low 7 4Z.5 Special-use Areas <50%12+263

* High -- 75% 4 7

Refer to Regulatory Action PlanZ.4 Existing Management Areas 263

Strategies with an " " for Overall Sanctuary Priority Level are already existing programs and/or will be completed in the first year of Sanctuary operation.*+

+


256

• Consider areas with good water quality.

• Consider socioeconomic impact on displaceduser groups.

• Consider ownership of nearby waterfrontproperty.

• Consider sufficient size to include range ofhabitats.

• Consider other areas within and adjacent to theSanctuary with existing or proposed restric-tions.

• Consider existing managed areas.

In addition to the aforementioned criteria, there arethe statutory criteria under the FKNMSPA for protect-ing resources and facilitating multiple use, and underNEPA, for considering the environmental conse-quences including the socio-economic impacts.

Sanctuary Preservation Areas. These areas willfocus on the protection of shallow, heavily used reefswhere conflicts occur between user groups, andwhere concentrated visitor activity leads to resourcedegradation. They are designed to enhance thereproductive capabilities of renewable resources,protect areas critical for sustaining and protectingimportant marine species, and reduce user conflictsin high-use areas. This will be accomplished througha prohibition of consumptive activities within theseareas. They have been chosen based on the statusof important habitat, the ability of a particular area tosustain and protect the habitat, the level of visitoruse, and the degree of conflict between consumptiveand nonconsumptive users. The actual size andlocation of these zones have been determined byexamination of user patterns, aerial photography, andground-truthing of specific habitats.

The following is a list of criteria that was developedby the Sanctuary Advisory Council. These criteriawere used to site the proposed Sanctuary Preserva-tion Areas in the DMP/EIS and were reconsideredalong with public comment for this final plan.

• Protect representative locations of the mostrare habitats (i.e. reefs.)

• Consider long term impacts on areas of criticaleconomic value.

• Protect areas that are buffered from poor waterquality.

protection and preservation consistent with theSanctuary designation and other applicable lawsgoverning the protection and preservation of wildliferesources in the Sanctuary. Such areas wouldinclude bird nesting, resting, or feeding areas andturtle nesting beaches. Regulations governing accessare designed to protect endangered or threatenedspecies or their habitats, while providing opportuni-ties for public use. Access restrictions include no-access buffer zones, no-motor zones, idle speedonly/no wake zones, and closed zones. Twenty of thetwenty-seven areas are under the management ofthe U.S. Fish and Wildlife Service and are containedin this plan as an integrated ecosystem managementapproach to resource protection. These areas arelocated within the Great White Heron, Key West, KeyDeer, and Crocodile Lakes National Wildlife Refugesmanaged by the U.S. Fish and Wildlife Service.

Ecological Reserves. These areas are designed toencompass large, contiguous diverse habitats. Theyare intended to provide natural spawning, nursery,and permanent residence areas for the replenish-ment and genetic protection of marine life and toprotect and preserve all habitats and species particu-larly those not protected by fishery managementregulations. These reserves are intended to protectareas that represent the full range of diversity ofresources and habitats found throughout the Sanctu-ary. The intent is to meet these objectives by limitingconsumptive activities, while continuing to allowactivities that are compatible with resource protec-tion. This will provide the opportunity for these areasto evolve in a natural state, with a minimum of humaninfluence. These zones will protect a limited numberof areas that provide important habitat for sustainingnatural resources such as fish and invertebrates.

The following is a list of criteria that was developedby the Sanctuary Advisory Council. These criteriawere used to site the proposed Ecological Reservesin the DMP/EIS and were reconsidered along withpublic comment for this final plan.

• Consider areas of high habitat and speciesdiversity representative of the Florida Keysmarine ecosystem.

• Consider environmental and socio-economicimpacts on other areas resulting from displac-ing existing uses.

• Consider long-term impacts from establishingecological reserves in areas of critical eco-nomic value.


257

summarizes the goals and objectives of the ZoningProgram, and provides background information onplanning efforts. The strategy description sectiongroups activities by strategy, based on the five typesof management zones. For each strategy andcomponent activity, the priority level, funding avail-ability, costs, and timing of implementation aresummarized. The implementation section details howthe strategies in the plan will be placed into action.The final section includes a map of each zone, andan accompanying description of the area.

Background

Management Strategies . Each strategy has beenassigned an estimated activity level for year 1 (high,medium, low, or none) that represents an estimate ofthe planned level of action that will occur in the firstyear after the Management Plan is adopted. Inaddition, the time required for implementation, costsof implementation, and available funding (Federal,State, local, and private) have been estimated foreach strategy. The component activities in eachstrategy, and the institutions responsible for imple-menting these activities, have also been identified.

The strategies for the Management Plan, whichincludes the Zoning Action Plan and all other actionplans combined, have been grouped into threepriority levels, based on their relative importance orfeasibility. A strategy’s priority level is based onfactors such as available funding, costs, personnelrequirements, timing, levels of existing implementa-tion, and existing legislative/regulatory authority. Thehigh priority level includes the 16 most importantstrategies. The medium priority level contains 36strategies that represent the next level of importanceto the Sanctuary and will have some level of activityin year one. Low priority items contain the remainingstrategies in the Management Plan. Those strategiesplanned for completion in or before year one do nothave a priority level.

Zoning Strategies . The strategies delineatingEcological Reserves and Sanctuary PreservationAreas are considered priority level 1. The activitiesdescribed for those strategies will have a high level ofaction in year 1 for the Western Sambos EcologicalReserve and a medium level of action for selectedSanctuary Preservation Areas. The Special-useAreas strategy is considered high priority level, andwill also have a low level of action in year 1. WildlifeManagement Areas and Existing Management Areaswill both be established in year 1 and, accordingly,have not been assigned a priority level.

• Consider the accessibility of areas to fishermanand other user groups.

• Minimize conflicts.

• Provide geographic spread.

• Sufficient size to ensure viability.

• Research potential/control areas.

In addition to the aforementioned criteria, there arethe statutory criteria under the FKNMSPA for protect-ing resources and facilitating multiple use, and underNEPA, for considering the environmental conse-quences including the socioeconomic impacts.

Existing Management Areas. This zone simplyidentifies areas that are managed by other agencieswhere restrictions already exist. These zonesdelineate the existing jurisdictional authority of otheragencies (i.e., State parks, aquatic preserves,sanctuaries, and other restricted areas). Manage-ment of these areas within the Sanctuary may requireadditional regulations or restrictions to adequatelyprotect resources. Any additional managementmeasures will be developed and implemented incoordination with the agency having jurisdictionalauthority. Their function is not to establish anotherlayer of bureaucracy, but to recognize establishedmanagement areas and, at a minimum, to comple-ment the existing management programs, ensuringcooperation and coordination with other agencies.

Special-use Areas. These zones are used to setaside areas for scientific research and educationalpurposes, restoration, monitoring, or to establishareas that confine or restrict activities such ascommercial personal watercraft operations andestablish live-aboard mooring fields. These areaswill minimize impacts on sensitive habitats andreduce user conflicts. Special management pro-grams (e.g., monitoring, research, special-usepermits and restoration) can be conducted withoutimpediment in these areas. They can be used to setaside areas for specific uses such as long-termresearch and monitoring and/or minimizing theadverse environmental effects of high-impact activi-ties. These zones will be limited in their length ofduration.

How the Plan is Organized . This action plan isorganized in four sections: an introduction, descrip-tion of strategies, a summary of implementationprocedures, and a series of maps showing thevarious zones in the Sanctuary. The introduction


258

NOAA will be the primary funding source for allstrategies, except for marking Wildlife ManagementAreas in national wildlife refuges. The marking ofthese zones may have to be implemented graduallyas funds become available for installation of markers.

Five-year Zoning Plan Review . The Sanctuary'szoning program will be evaluated in the five-yearupdate of the Management Plan, the effectiveness ofthe zones will be determined, and consideration willbe given to modifying or eliminating zones at thistime.

Relationship to Other Action Plans . This plandescribes the process of prioritizing zones for mark-ing, obtaining the information necessary to markboundaries, and the method of marking theseboundaries. The associated regulations are de-scribed in the Regulatory Action Plan. In addition,research and monitoring will be conducted withinSanctuary Preservation Areas, Ecological Reserves,and Special-use Areas to provide information forbetter management. This may result in zone modifi-cations as part of the continuous managementprocess. These activities are described in the Re-search and Monitoring Action Plan. Finally, theestablishment of live-aboard mooring fields asSpecial-use Areas is described in the Water QualityAction Plan. This activity would establish designatedmooring fields or anchorage areas in places withsignificant concentrations of live-aboard vessels.


Sanctuary Goals . Zoning is critical to achieving theSanctuary's primary goal of resource protection. Itspurpose is to protect and preserve sensitive compo-nents of the ecosystem by regulating within thezoned areas, while facilitating activities compatiblewith resource protection. Zoning will ensure thatareas of high ecological importance will evolve in anatural state, with minimal human influence. Zoningwill also promote sustainable use of the Sanctuaryresources, and will protect areas representingdiverse Sanctuary habitats and areas important formaintaining natural resources (e.g., fishes, inverte-brates, etc.) and ecosystem functions.

Sanctuary Objectives . To achieve these goals, thefollowing objectives must be accomplished:

• reduce stresses from human activities byestablishing areas that restrict access toespecially sensitive wildlife populations andhabitats;

• protect biological diversity and the quality ofresources by protecting large, contiguousdiverse habitats that are intended to providenatural spawning, nursery, and permanentresidence areas for the replenishment andgenetic protection of marine life and to protectand preserve all habitats and species;

• minimize conflicting uses;

• protect Sanctuary resources and separateconflicting uses by establishing a number ofnon-consumptive zones in areas that areexperiencing conflict between consumptive andnon-consumptive uses and in areas that areexperiencing significant population or habitatdeclines;

• eliminate injury to critical/sensitive habitats;

• disperse concentrated harvests of marineorganisms;

• prevent heavy concentrations of uses thatdegrade Sanctuary resources;

• provide undisturbed monitoring sites forresearch activities by setting areas aside forscientific research, monitoring, and restoration;and

• provide control sites to help determine theeffects of human activities on resources.


259

other sensitive habitats. Restrictions prohibit use,modify the way areas are used or accessed, andspecify time periods when use is prohibited.(Completed in Year 1)

This strategy includes 27 areas, 20 that are part ofthe Fish and Wildlife Service's (FWS) plan for man-aging backcountry portions of the Key West NationalWildlife Refuge, Great White Heron National WildlifeRefuge, and Crocodile Lake Wildlife Refuge. Theareas were established through a March 1993agreement between the FWS and the Florida Depart-ment of Environmental Protection (FDEP). The FWSis currently marking the 20 areas with buoys and/orsigns, and will administer these areas. NOAA, theFDEP, and Monroe County will be responsible formarking and managing the remaining seven areas.An additional WMA has been established in EasternLake Surprise (east of US 1) to manage vessel trafficin that area to protect the American Crocodile andWest Indian manatees.

Activity 1-Prioritize Zone Marking. The boundariesof seven of the 27 areas will be identified andmarked. Since not all zones can be marked concur-rently, zone marking will be prioritized. The primaryfactors used to determine the order in which zoneswill be marked include season and proximity tohuman impacts. Boat-use survey data from the FDEPand The Nature Conservancy (TNC) will be used todetermine use periods, and research requirementswill also be considered.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FWS,FDEP, National Audubon Society, and TNC will beconsulted regarding species activities. The FDEPand TNC will be consulted for boat-use survey data.

Schedule. This activity will be completed in year 1.

Activity 2-Determine Boundaries On-site. Accuratereadings (NOAA and FWS sites) will be developedusing aerial photography, global positioning system(GPS) receivers, and groundtruthing. Temporarymarkers will be placed at each corner of the sites tobe identified and marked.

Existing Program Implementation. NOAA and theSanctuary Advisory Council have preliminary bound-aries for five of the seven zones (excluding PelicanShoal and Crocodile Lake) on nautical charts.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. TheNational Audubon Society and the Florida Game and

Zoning Management Strategies

Z.1: Wildlife Management Areas• Prioritize zone marking• Determine boundaries on-site• Place buoys/signs along zone boundaries• Establish management responsibilities

Z.2: Ecological Reserves• Determine boundaries on-site• Place buoys along zone boundaries• Establish management responsibilities

Z.3: Sanctuary Preservation Areas• Prioritize zone marking• Determine boundaries on-site• Place buoys along zone boundaries• Establish management responsibilities

Z.4: Existing Management Areas(Refer to Regulatory Action Plan)

Z.5: Special-use Areas• Prioritize zone marking• Determine boundaries on-site• Place buoys along zone boundaries• Determine high-impact or user-conflict activities• Determine appropriate zones for high-impact

activities or user conflicts• Determine permitting process• Establish management responsibilities


Zoning

This Final plan contains five strategies from Manage-ment Alternative III. The first zone type recognizes 27Wildlife Management Areas. The second establishesone Ecological Reserve and commits NOAA tocompleting the establishment of a second within atwo year time frame. The third establishes 18Sanctuary Preservation Areas. The fourth identifies21 Existing Management Areas, and the fifth desig-nates four Special-use Areas.

Strategy Z.1:Wildlife Management Areas

This strategy establishes Wildlife Management Areasthat restrict access to sensitive wildlife populationsand habitats. Such areas include bird nesting,resting, or feeding areas, turtle nesting beaches, and


260

Freshwater Fish Commission (FGFWFC) staff willprovide secondary implementation support.


Activity 3-Place Buoys/Signs Along Zone Bound-aries. Boundary buoys and/or signs will be placedalong the boundaries of each zone, based on Federaland State guidelines, and will show the restrictedaction for each site. The type of buoy or sign usedwill be determined by the substrate. The physicalplacement of the buoys/signs will require developingan agreement with the FDEP.

Existing Program Implementation. The FWS iscurrently locating signs and/or buoys at the 19 sitesfor which it will have primary responsibility.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FWS,FDEP, FGFWFC, and U.S. Coast Guard (USCG) willassist in implementation.


Activity 4-Establish Management Responsibili-ties . NOAA, the FGFWFC, the FDEP, and MonroeCounty will manage seven of the 27 sites. Theremaining 20 sites (including Crocodile Lake) will bemanaged by the FWS. All the areas will be managedto protect sensitive wildlife populations and habitats.

Implementation. NOAA, the FGFWFC, the FDEP,and Monroe County will have the lead responsibilityfor managing the seven sites not within the FWSprogram. Although the FWS will be responsible formanaging and marking all other sites, NOAA will beresponsible for marking the Crocodile Lake site.

Schedule. This activity will be continuous.

The regulations for Wildlife Management Areasare included in the Regulatory Action Plan.

Strategy Z.2:Ecological Reserves

Ecological Reserves are Sanctuary zones thatencompass areas of contiguous, diverse habitats,within which uses are subject to conditions andprohibitions, including public use restrictions. Theseareas are designed to minimize human influences, toprovide natural spawning, nursery, and permanent

Wildlife Management Areas

1. Sawyer Keys - Tidal creeks closed on south side.2. East Harbor Key - No-access buffer zone (300 feet)

around northernmost island.3. Little Mullet Key - No-access buffer zone (300 feet)

around island.4. Upper Harbor Key - No-access buffer zone (300

feet) around island.5. Little Crane Key - No-access buffer zone (300 feet)

around island.6. Boca Grande Key - South half of the beach closed.7. Woman Key - Half of the beach and sand spit

(southeast side) closed.8. Horseshoe Key - No access buffer zone around

main island.9. Cottrell Key - No-motor zone (300 feet) around

island.10.Marquesas Keys -

a. No-motor zones (300 feet) around threesmallest islands;

b. No-access buffer zone (300 feet) around onemangrove island;

c. Idle speed only/no wake zone through one tidalcreek.

11.Snipe Keys - Idle speed only/no wake zone in maincreek. No-motor zone elsewhere.

12.Mud Keys - Idle speed only/no wake zone in twomain creeks; two smaller creeks closed.

13.Big Mullet Key - No-motor zone (300 feet) aroundisland.

14.Tidal Flat South of Marvin Key - No-access bufferzone.

15.West Content Keys - Idle speed only/no wake zonein selected tidal creeks and one no-access bufferzone.

16.East Content Keys - Idle speed only/no wake zonesin tidal creeks.

17.Bay Keys - Idle speed only/no wake zone in tidalcreeks and no-motor zone (300 feet) around oneisland.

18.Lower Harbor Keys - Idle speed only/no wake zonein selected tidal creeks.

19.Cayo Agua Keys - Idle speed only/no wake zone intidal creeks.

20.Pelican Shoal - No-landing and no-access zoneout to 50 meters from shore between April 1 andAugust 31.

21.Crocodile Lake - No-access buffer zone (100 feet)along shoreline between March 1 and October 1.

22.Rodriguez Key - No-motor zone on tidal flat.23.Tavernier Key - No-motor zone on tidal flat.24.Snake Creek - No-motor zone on tidal flat.25.Cotton Key - No-motor zone on tidal flat.26.Dove Key - No-motor zone on tidal flat, area closed

around two small islands.27.Eastern Lake Surprise - Idle speed only/no wake

zone east of US 1.

Note: Areas in bold italics will be marked and managed by NOAA, theFDEP, and Monroe County. Crocodile Lake will be marked by NOAAand managed, along with the remaining sites, by the FWS.


261

residence areas for the replenishment and geneticprotection of marine life, and also to protect andpreserve natural assemblages of habitats andspecies within areas representing the full range ofdiversity of resources and habitats found throughoutthe Sanctuary.(Priority Level High, High Level of Action in Year 1,12+ Months to Complete)

This Final Plan establishes one Ecological Reservein the Western Sambos. It also commits NOAA todetermining the boundaries and identifying theeffective date for final regulations of a secondEcological Reserve in the Dry Tortugas within twoyears.

In the DMP/EIS, NOAA proposed boundaries for aReplenishment Reserve (Ecological Reserve) in theDry Tortugas based on distribution of significantresources with an attempt to minimize or avoidimpacts to users . Public comment identified seriousadverse economic impact which would result fromimplementation of the no-take regulations within theproposed boundary. Consequently, NOAA did notestablish final boundaries for the Dry TortugasReplenishment Reserve (Ecological Reserve) in thefinal management plan and regulations. However,NOAA is committed to finalizing the EcologicalReserve at the Dry Tortugas. NOAA intends toundertake a process to determine the final boundaryfor the Dry Tortugas Ecological Reserve in coordina-tion with the National Park Service and recommendsthe inclusion of portions of the Dry Tortugas NationalPark. To identify the final boundary, NOAA and theNational Park Service will use the information gath-ered as part of the public review of the draft manage-ment plan and hold workshops with users, agencyrepresentatives, environmental organizations, andthe public. Prior to making a final decision, NOAAand the National Park Service will publish the finalboundary for public comment.

Activity 1-Determine Boundaries On-site. Accurateboundary readings will be developed using aerialphotography, GPS receivers, and groundtruthing.Temporary markers will be placed along the bound-aries of the reserve.


Schedule. This activity will have a high level ofaction in year 1. It will require 6+ months to complete.

Activity 2-Place Buoys Along Zone Boundaries.Boundary buoy placement will be based on Federal

and State guidelines. Buoys will be placed in one-mile increments along zone boundaries, and will bevisible for one mile. The type of anchor device usedwill be determined by the substrate where the buoy isplaced.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FDEPand USCG will provide secondary implementationassistance. The USCG must approve all buoys.


Activity 3-Establish Management Responsibili-ties . The Sanctuary Superintendent will oversee allaspects of zone management, and will be respon-sible for ensuring that the first two activities (deter-mining zone boundaries and placing buoys) areimplemented. NOAA will establish a process forselecting the boundary of the Dry Tortugas Ecologi-cal Reserve. Sanctuary Managers will ensure that thepublic is educated about the zones and their restric-tions, that all research and monitoring efforts areconsistent with the goals of the Sanctuary, and thatall regulations related to the zones are enforced. TheSuperintendent will coordinate with the FDEP, FMFC,and Monroe County in managing the zones.

Implementation. NOAA, the FMFC, the FDEP, andMonroe County will have the lead responsibility formanaging the Replenishment Reserves.


The research and monitoring components of thisstrategy are described in the Research andMonitoring Action Plan. The regulations forEcological Reserves are included in the Regula-tory Action Plan.

Strategy Z.3:Sanctuary Preservation Areas

Sanctuary Preservation Areas are Sanctuary zonesthat encompass discrete, biologically importantareas, within which uses are subject to conditionsand prohibitions, including public use restrictions, toavoid concentrations of uses that could result insignificant declines in species populations or habitat,to reduce conflicts between uses, to protect areasthat are critical for sustaining important marine


262

species and habitats, or provide opportunities forscientific research.(Priority Level High, High Level of Action in Year 1,18+ Months to Complete)

This strategy establishes 18 Sanctuary PreservationAreas (SPAs), totalling approximately 1,651ha. Thelargest will be the Carysfort/South Carysfort Reef,and the smallest will be Dry Rocks and CheecaRocks. The proposed Western Sambos SPA waseliminated from the Final Plan with the establishmentof the Western Sambos Ecological Reserve whichencompasses a cross-section of the coral reefcommunity, ranging from the nearshore hardbottoms,seagrass communities, patch reefs, mid-channelreef, offshore patch reefs, and the fore reef habitat atWestern Sambos Reef.

NOAA has allowed catch and release fishing bytrolling in four SPAs: Conch Reef; Alligator Reef;Sombrero Key; and Sand Key. This action will allowthe activity of catch and release fishing to be com-pared with other SPAs where it is not allowed. Inaddition, the taking of ballyho for bait by net will beallowed by permit in all SPAs.

Activity 1-Prioritize Zone Marking. The boundariesfor all zones will be identified and marked. Since notall zones can be marked concurrently, marking mustbe prioritized. The primary factors that will be used to

determine the order in which zones will be markedinclude the level of current use, season, and relativethreats to resources (e.g., vessel groundings). Boat-use survey data from the FDEP and TNC aerialcensus will be used to determine use periods, andthe availability of existing monitoring data will also beconsidered.



Activity 2-Determine Boundaries On-site. Accurateboundary readings of all sites will be determinedusing aerial photography, GPS receivers, andgroundtruthing. Temporary markers will be placed atthe corner of each zone.



Activity 3-Place Buoys Along Zone Boundaries.Boundary buoys will be placed at the corner of eachzone based on Federal and State guidelines, with thetype of anchoring device determined by the substratewhere the buoy is placed. The buoys will be visiblefor a half-mile.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FDEPand USCG will assist in implementing this activity.


Activity 4-Establish Management Responsibili-ties . The Sanctuary Superintendent will oversee allaspects of zone management, and will be respon-sible for ensuring that the first three activities (priori-tizing zone marking, determining boundaries, andplacing buoys) are implemented. Sanctuary Manag-ers will ensure that the public is educated about thezones and their restrictions, that all research andmonitoring efforts are consistent with the goals of theSanctuary, and that all related regulations areenforced. The Superintendent will coordinate with theFDEP, the FMFC, and Monroe County in managingthe zones and will work with the Mooring Buoyworking group to install mooring buoys in theseareas.

Sanctuary Preservation Areas


263

Implementation. NOAA, the FMFC, the FDEP, andMonroe County will have the lead responsibility formanaging the zones.


The research and monitoring components of thisstrategy are described in the Research andMonitoring Action Plan. The regulations forSanctuary Preservation Areas are included in theRegulatory Action Plan.

Strategy Z.4:Existing Management Areas

Existing Management Areas are resource manage-ment areas currently managed by other agencies andwhere regulations already exist. Proposed Sanctuaryregulations will supplement these authorities forcomprehensive protection of resources. Any addi-tional management measures that may be developedand implemented will be in coordination with theagency having jurisdictional authority.(Completed in Year 1)

There are currently 21 Existing Management Areaswithin the Sanctuary. Fifteen are administered by theFDEP, four by the FWS, and two by NOAA.

Strategy Z.5:Special-use Areas

This strategy establishes zones to set aside areas forscientific research and educational purposes, resto-ration, monitoring, or to establish areas that confineor restrict activities such as personal watercraft

Special-use Areas

Existing Management Areas

FederalNational Oceanic and Atmospheric Administration

Key Largo National Marine SanctuaryLooe Key National Marine Sanctuary

U.S. Fish and Wildlife ServiceCrocodile Lake National Wildlife RefugeGreat White Heron National Wildlife RefugeKey West National Wildlife RefugeNational Key Deer Refuge

StateDepartment of Environmental Protection Division of Recreation and Parks

Bahia Honda State ParkCurry Hammock (undesignated)Fort Zachary Taylor State Historic SiteIndian Key State Historic SiteJohn Pennekamp Coral Reef State ParkKey Largo Hammocks State Botanical SiteLignumvitae Key State Botanical Site (includes Shell Key State Preserve)Long Key State Recreation AreaSan Pedro State Underwater Archaeological SiteWindley Key State Geological Site

Division of Marine ResourcesBiscayne Bay and Card Sound Aquatic PreserveCoupon Bight Aquatic PreserveLignumvitae/Indian Key Aquatic Preserve

operations and live-aboard mooring fields. Theseareas will minimize impacts on sensitive habitats andreduce user conflicts. Special management programs(e.g., monitoring, research, special-use permits andrestoration) can be conducted without impediment tothese areas. They can be used to set aside areas forspecific uses such as long-term research and moni-toring and/or minimizing the adverse environmentaleffects of high-impact activities.(Priority Level Medium, Medium Level of Action inYear 1, 12+ Months to Complete, <50% FundingAvailable for Full Implementation)

This strategy initially establishes four zones desig-nated for scientific research and monitoring. Thosedesignated are Conch and Tennessee reefs in theUpper and Middle Keys, and Looe Key and EasternSambos in the Lower Keys.

The Eastern Sambos Research Only area replacesPelican Shoals in the draft plan as a Research Onlyarea. The Eastern Sambos was selected in order toprovide a better research and monitoring site, while


264

simultaneously lessening the public impact of limitingaccess to the reef around Pelican Shoals.

Activity 1-Prioritize Zone Marking. The boundariesof the four research-only zones will be identified andmarked. Since not all zones can be marked concur-rently, marking will be prioritized. The primary factorsthat will be used to determine the order in which thezones will be marked will include the level of currentuse, season, and relative threats to resources (e.g.,vessel groundings). Boat-use survey data from theFDEP and TNC will be used to determine useperiods, and the availability of existing monitoringdata will also be considered.


Schedule. This activity will have a medium level ofaction in year 1. It will require 6+ months to complete.

Activity 2-Determine Boundaries On-site. Accurateboundary readings of all sites will be determinedusing aerial photography, GPS receivers, andgroundtruthing. Temporary markers will be placed atthe corner of each zone.



Activity 3-Place Buoys Along Zone Boundaries.Boundary buoys will be placed at the corner of eachzone based on Federal and State guidelines, with thetype of anchoring device determined by the substratewhere the buoy is placed. The buoys will be visiblefor a half-mile.

Implementation. NOAA will be the lead agencyresponsible for implementing this activity. The FDEPand USCG will assist in implementation.


Activity 4-Determine High-Impact Activities orUser-Conflicts . This activity will determine whichactivities will have a high impact on Sanctuaryresources. It will also identify those activities thatresult in major user conflicts. Zones may be devel-oped for these activities if appropriate.

Implementation. NOAA, the FDEP, and MonroeCounty will be jointly responsible for implementingthis activity.


Activity 5-Determine Appropriate Zones for HighImpact or User-Conflict Activities . Based on theinformation developed in activity 4, managementzones may be developed for high-impact and user-conflict activities.


Schedule. No action is planned for year 1. It willrequire 12 months to complete.

Activity 6-Determine Permitting Process . Theprocess for issuing permits for Special-use Areas willbe determined, and the procedures for reviewing andapproving permit applications will be defined.


Schedule. No action is planned for year 1. It willrequire 12 months to complete.

Activity 7-Establish Management Responsibili-ties . The Sanctuary Superintendent will oversee allaspects of zone management, and will be respon-sible for ensuring that activities 1 to 6 are imple-mented. Sanctuary Managers will ensure that thepublic is educated about the zones and their restric-tions, that all research and monitoring efforts areconsistent with the objectives of the strategy, andthat all related regulations are enforced.



The regulations for Special-use Areas are in-cluded in the Regulatory Action Plan. A compo-nent of this strategy is also included in the WaterQuality Action Plan.


265

Table 29. Agencies/Organizations Identified for Imple-menting Strategies/Activities Implementation

This section explains how the strategies in thezoning plan will be implemented. The institutionsresponsible for each activity, and those agenciesthat will provide some assistance, are identified.Zoning strategies are also ranked to indicate theiroverall Sanctuary priority level. In addition, theplanned level of activity in year 1, months tocomplete, funding availability, cost estimates,staff requirements, and geographic focus of eachstrategy and activity are provided.

Responsible Institutions . The Zoning Plan will beimplemented by the coordinated efforts of Federal,State, and local agencies in cooperation with non-profit institutions. NOAA has the lead responsibilityfor implementing the overall Program. The FDEP andthe FMFC will provide primary support by managingseveral zones, and the FWS will be responsible formanaging most Wildlife Management Areas. Inaddition, the FMFC, the USCG, Monroe County, andthe National Audubon Society will help implementselected activities. Table 29 lists the participatinginstitutions and their level of responsibility for imple-menting each activity.

Prioritization of Implementation . The Zoning Planincludes five strategies from Alternative III. Thehighest-ranking strategies are Ecological Reservesand Sanctuary Preservation Areas, which are in-cluded in the high priority level, based on theiranticipated impact on Sanctuary resources. WildlifeManagement Areas and Existing Management Areasare not included in a priority group, because they willbe implemented completely or partially in year 1. TheFWS has already established 20 Wildlife Manage-ment Areas in the Sanctuary. NOAA will be respon-sible for marking the remaining seven areas. TheSpecial-use Area strategy is included in the highpriority level.

Schedule . The Existing Management Areas andsome Wildlife Management Areas strategies will becompleted in year 1. The process of prioritizing andmarking Sanctuary Preservation Areas and Ecologi-cal Reserves will begin in year 1, but marking will notbe completed until after year 1. Zone managementwill be continuous, and an integral part of the Sanctu-ary management process. The Special-use Areasstrategy will have only a medium level of action inyear 1.

Cost . The estimated cost of implementing eachstrategy is given in Table 30. Based on the largenumber of buoys to be installed, Sanctuary Preserva-tion Areas is expected to be the most costly strategy(it is included in the $10,000 to $99,000 category forcapital and annual operations and maintenancecosts). Approximately 80 buoys will be required tocompletely mark these zones. Because of the size ofthe Ecological Reserves, marking these areas willalso be expensive. Assuming one buoy is installedevery mile, about 10 buoys will be placed in thiszone. Approximately 24 signs/markers will be placed

Abbreviations: NOAA, National Oceanic and Atmospheric Administration;USFWS, U.S. Fish and Wildlife Service; USCG, U.S. Coast Guard; FDEP,Florida Department of Environmental Regulation; FGFWFC, Florida Game andFreshwater Fish Commission; The Nature Conservancy; Natl. Audubon, Na-tional Audubon Society.

Strategy/Activity

Place Buoys/Signs Along Zone BoundariesEstablish Management Responsibilities

Zoning

NO

AA

-San

ctua

ry

FD

EP

/MF

CM

onro

e C

ount

y

Nat

l. A

udub

on


FG

FW

FC

US

FW

S


US

CG



Refer to Regulatory Action Plan

Prioritize Zone Marking

Determine Boundaries On-site

Place Buoys Along Zone Boundaries






Z.4 Existing Management Areas


Establish Management Responsibilities



Determine Appropriate Zones for High-Impact or User-Conflict Activities



Determine High-Impact Activities or User-Conflicts

Determine Permitting Process



266


Key to the Bay Keys, with a few in the Upper Keys.Existing Management Areas are distributed through-out the Sanctuary.

Staff . Overall, the Sanctuary Superintendent (NOAA)will have the lead responsibility for implementing allzoning strategies. However, a staff biologist andanother staff member will be directly responsible foridentifying and marking the zones. In addition,implementation will require the participation ofpersonnel from various agencies and organizations,and private vendors will be contracted to assist inidentifying and marking the various zones.

in the Wildlife Management Areas. Each of thesestrategies is included in the $10,000 to $99,000range for capital and annual operations and mainte-nance costs. Because the Special-use Areas strategywill evolve over time, the full cost of implementationis uncertain.

Geographic Focus . The activities in strategies onlyapply to their respective zones. Sanctuary Preserva-tion Areas, reflecting their purpose of protectingheavily used reefs, are distributed on the Atlantic sideof the Keys. The Western Sambos Ecological Re-serve is located in the Lower Keys and a site will bein the Dry Tortugas. Wildlife Management Areas areconcentrated in the backcountry, from Horseshoe

Ove

rall

San

ctua

ryP

rior

ity L

evel

Strategy/Activity

Implementation

Pla

nned

Le

vel o

f Act

ion

in Y

ear 1

Tota

l Cap

ital

($1,

000)

Geo

grap

hic

Focu

s#

of P

erso

nnel

Cost to Complete

Ann

ual

Ope

ratio

ns/

Mai

nten

ance

($1,

000)

ZONING

Mon

ths

to C

ompl

ete

Fund

ing

Ava

ilabl

e to

Com

plet

e

High

<50%



<50%

High 12+ 100%



Place Buoys/Signs Along Zone Boundaries


High

High

High

High

3

6

6

C

100%

100%

100%

100%

Z

Z

Z

Z

High

High

Medium

Low




High

High

High

High 12+

<50%

100%

High

High

High

6+

6+

C






High

High

Medium

<50%

<50%

100%

High

High

Medium

6+

9

C

High 6+ 100%High

<50%

Z.4 Existing Management Areas

High 18+

Refer to Regulatory Action Plan



High <50%Medium 6+

Medium 6+High

Medium

Low

<50%

<50%

Medium

Low

9

12

<50%

<50%12+Medium

Determine Appropriate Zones for High-Impact or User-Conflict Activities Low None 12

10-99 10-99 6

NC <10

<10 <10

10-99 <10

NC 10-99

10-99 10-99 6

Z<10 <10

Z10-99 <10

ZNC 10-99

10-99 10-99 6

ZNC <10

Z<10 <10

Z10-99 <10

ZNC 10-99

6

ZNC <10

ZNC <10

ZNC 10-99

Z

Z

Abbreviations: C, Continuous; Z, Applies to Respective Zone.Strategies with an " " for Overall Sanctuary Priority Level are already existing programs and will be completed in Year 1. *

+

+




Determine High-Impact Activities or User-Conflicts

Determine Permitting Process


Low None 12 ZNC 10-99

Low 100%Low C ZNC 10-99

<50%

<50%

10-99<10

<10 <10

<10 <10

High

Medium

*


267

Contingency Plan for a Changing Budget . Thelevel of funding for the Sanctuary Preservation Areas,Ecological Reserves, and Special-use Areas strate-gies is insufficient to fully implement these activitiesin year 1. Consequently, marking may be delayed ormodified until funds are available.

Evaluating Program Effectiveness . NOAA willevaluate the effectiveness of the Zoning Program inits five-year update of the Management Plan. Forexample, research and monitoring on EcologicalReserves will be used to determine the degree towhich the zones enhance biological diversity andincrease the productivity of important marine lifespecies. In order to accomplish this evaluation,NOAA will establish an interdisciplinary team includ-ing managers, scientists, affected users, and environ-mentalists. Also, because the Reserves will be usedas control areas to help understand the impacts ofwater quality, pollution, and various human uses,their value in this capacity will be evaluated as well.Based on the results of these studies, NOAA willconsider expanding, modifying, or eliminating Re-serves. The success of the other zones will beevaluated at this time as well.

Zoning Maps

The maps in this section reflect the managementzones for the Final management plan. The first mapshows Ecological Reserves, Sanctuary PreservationAreas, Special-use Areas, and Wildlife ManagementAreas. Next, Existing Management Areas are shownon a single map. Following this are maps for each ofthe Ecological Reserves, Sanctuary PreservationAreas, and Special-use Areas. Finally, WildlifeManagement Areas are mapped either individually orin groups, whichever best portrays the areas.

Action P

lans: Zoning

268

25°30

25°00

24°30

81° 0082° 00

Carysfort/South Carysfort (b)

The Elbow (b)

Dry Rocks (b)Grecian Rocks (b)

French Reef (b)

Molasses Reef (b)

Conch Reef (b)Conch Reef (c)

Hen and Chickens (b)Davis Reef (b)

Cheeca Rocks (b)

Alligator Reef (b)

Tennessee Reef (c)

Dry Tortugas National Park

Coffins Patch (b)

Sombrero Key (b)

Newfound Harbor (b)Looe Key (c)Western

Sambos (a)Looe Key (b)

Eastern Sambos (c)

Eastern Dry Rocks (b)

Sand Key (b)

Rock Key (b)

41615

514

11

12

18

2

19

179

133

610

10

10

7

18

21

20

2226

23

24

25

1. Sawyer Keys

2. East Harbor Key3. Little Mullet Key

4. Upper Harbor Key5. Little Crane Key

6. Boca Grande Key7. Woman Key

8. Horseshoe Key9. Cottrell Key

10. Marquesas Keys11. Snipe Keys

12. Mud Keys13. Big Mullet Key

14. Tidal flat south of Marvin Key

15. West Content Keys16. East Content Keys

17. Bay Keys18. Lower Harbor Keys

19. Cayo Agua Keys20. Pelican Shoal

21. Crocodile Lake22. Rodriguez Key

23. Tavernier Key24. Snake Creek

25. Cotton Key26. Dove Key

Wildlife Management Areas

Ecological Reserves (a)

Sanctuary Preservation Areas (b)

Special-use Areas (c)

Zone Type

25 KilometersN

Final Zoning Plan

83° 00

27. Eastern Lake Surprise

27

Action P

lans: Zoning

269

AAAAAAA

AAAAAAA

AAAAAAA

AAAAAAA

AAAAAAA

AAAAAAA

AAAA

AAAA

AAAA

AAA

AAA

AAA

AAA

AAA

AAA

AAA

AAA

AAA

AAA

AAAAAA

AAA

AAA

AAA

AA

AAAAAAAAAAAAAAAA

AAAA

AAAAAAAAAAAAAAAAAA

A

A

A

AAAAAAAAAA A

AA

A A

A

AAA

AA

AAAAAAAAA A

AA

A AAAAA

AA A

AAA AA

A

AAAAAAAAAAAAAAAA AAA

AA

AA

AAAAA AA

AA

AA

AAAA

A AA

AAA AAA

AAAA

AAA

AA AA

AAA

A

AAAAAAA

A

AAAAA

AAA

AA

A A

AAA AA AAAAAA AA AAA

AAAAAA AAAAAAAAA

AA

AA

AAAAAAAAA A AAA AA

AA AAAA A

AAAAAA

AAAAAA AA AAAA AAA

A AAAAA AAAAAA AAAAAAA AAA AAA AA AAA AAA AAAAA AAAAA

AA

AAAAAAAAA A AA A AAAA AAA AAAA AAA AAAAAAA A AAA AAAAA

AAAAAAAAAAA

AAAAAA AAAAAAAAAAAAA A AA AAA

AA

AAA

A AAA

AAAA AAAAAAA AAAAAA AA

AAA A

AA

AAAAAAA AAAAAA

AAAAAAAA AAAAAA

A

A

AAAA AAAA

AA A

A AA AA

AAAA

AA

A

AAAA

A

AAAAA

AAAA

AA

AAA

AA

AAAAAA

AAA

AAA

AAAA AAAAAA

A AA

AAA AAA A AAAA AA AA AAA AA AA AA AA AA A AA AAAAAAAAAAAAAAAA AAAA AAA AAAAAAAAAAAAAAA

AAAAA

AAAAA

AAAAA

A A

25°30'

25°00'

80° 3081° 3082° 30

Great White HeronNational Wildlife Refuge

John PennekampCoral Reef State Park

Key LargoNational Marine Sanctuary

Key WestNational Wildlife Refrge

Looe Key National Marine Sanctuary

National Key Deer Refuge

Biscayne Bay and Card SoundAquatic Preserve

Coupon BightAquatic Preserve

LignumvitaeAquatic Preserve

AAA

AAA

Crocodile LakeNational Wildlife Refuge

Bahia HondaState Park

Long Key State Recreation Area

•Fort Zachary Taylor State Historic Site

•

•

•••

San Pedro State Underwater Archaeological Site

Indian Key State Historic Site

•Curry Hammock(undesignated)

•

•

Key Largo Hammocks State Botanical Site

25 KilometersN

•

Lignumvitae Key State Botanical Site

Shell Key State Preserve

•

Note: Areas less than 5nm2 (1,800ha) are shown as points.

Closed toSpearfishing

Dry Tortugas National Park

Proposed Zoning Alternative III: Existing Management Areas


270

Description

The Dry Tortugas banks are located at the westernmost extent of the Keys. The area contains diverse habitats,including seagrass beds, coral reef habitats, (e.g., patch reefs, fore reefs, intermediate and deep reefs), andhardbottom areas.

NOAA did not finalize the establishment of the Dry Tortugas ER in the management plan and regulations.Rather, NOAA will postpone final establishment of the boundary of the Dry Tortugas ER until it undertakes aprocess, in coordination with the National Park Service to identify an appropriate final boundary for the Reserve.To identify the final boundary, NOAA and the National Park Service will use the information gathered as part ofthe public review of the draft management plan, and hold workshops with users, agency representatives,environmental organizations and the public. Prior to making a final decision, the proposed final boundary of theDry Tortugas ER will be published for public comment.

100

30

30

60

30

60

30

30 60

303060

30

30

30

3060

60

60

60

100

Dry T

ortu

gas N

ation

al Par

k

Ft. Jefferson

Dry Tortugas Ecological Reserve Study Area

N

3 Kilometers

Florida Keys National Marine Sanctuary

Bathymetry is in feet

82˚52’ W 24˚43.6’ N

82˚48’ W 24˚43.5’ N

82˚46’ W 24˚42’ N

82˚46’ W 24˚40’ N

82˚48’ W 24˚37’ N

82˚54’ W 24˚34’ N

Coral Reef Communities

Coral

Reefs

Fin Fishing

Fin

Fish

ing

Shrimping

Shrimping

Lobster Trapping


271

Description

The Western Sambos Ecological Reserve contains the greatest habitat diversity in the Lower Keys. Significantcoral features include spur-and-groove formations, bank reefs, and nearshore patch reefs.

This reserve is rectangular, extending from the northern limit at the U.S. Naval Air Station property on BocaChica seaward to the southern limit at the 60-foot depth contour. At the air station, the Ecological Reserve isapproximately 2nm (4km) wide; at the southern edge it is approximately 1.5nm (2.8 km) wide. The areacovered totals approximately 9nm22, , or about 3,000ha.

Some current users, including lobster fishermen, tropical marine-life collectors, and recreational and commer-cial fishermen, will be displaced to other areas. Some spearfishing activities will also be displaced. Areasoutside the Ecological Reserve will be impacted some by the increased pressure from the displaced users.

Ecological Reserve: Western Sambos

N

6

63

612

1818 18

18

18

3018

18

18

181812

181830

18

1830 1818

18

30 30 3018

18301818 30

30 30 1818 30 1818 30 18

1812 30

1818

18

18

18 18 30

18

18

18 3018

18181830

30

30

181830 12

186

6012 18

18 30

30

60

18

3 Kilometers

81˚41.9'W 24˚28.7'N

81˚40.8'W 24˚33.7'N

81˚43.1'W 24˚33.5'N

81˚43.7'W 24˚28.5'N

3

3 6



272

6

6

12

1830

60

Sanctuary Preservation Area: Alligator Reef

N

Alligator Reef Light

500 Meters


80°36.8’W 24°50.8’N

80°37.05’W 24°51.1’N

80°37.6’W 24°50.7’N

80°37.3’W 24°50.4’N

Description

Alligator Reef is a small bank reef with some transitional reef features. It is located between the shallow reefs ofthe Upper Keys and the deeper, drowned reefs of the Middle Keys, and lies approximately 3.5 nautical miles (7km)southeast of Upper Matecumbe Key.

The Alligator Reef Sanctuary Preservation Area (SPA) encompasses approximately 0.2nm2, or about 60ha. Itprotects the drowned spur-and-groove system, reef crest, and a portion of the northeast rubble ridge.

Alligator Reef is easily accessible and mooring buoys are currently in place. The reef is heavily used for a varietyof recreational and commercial purposes. Diving and snorkeling activities focus on the spur-and-groove systemand reef crest. Commercial activities occur in the rubble areas and surrounding flats and include tropical fishcollecting and ballyhoo fishing. The boundary separates these activities with minimal displacement of any usergroup. However, catch and release fishing by trolling is allowed in this SPA. Because of easy accessibility andheavy use, the area has poor research potential, except for comparison with other reefs.


273

Sanctuary Preservation Area: Carysfort/South Carysfort Reef

N

30

3

18

12

18

12

1818

30

6

31218

12

3

3

12

30

12

Carysfort Reef Light

30

500 Meters


80°12.7’W 25°14.0’N

80°12.2’W25°13.6’N

80°12.8’W 25°11.9’N

80°13.8’W25°12.2’N

DescriptionCarysfort Reef is one of the best developed reef systems in the Keys, and contains a wide variety of reef featuresincluding well-developed stands of elkhorn coral. Reef development is enhanced by the water quality, tempera-ture, and salinities of the Gulf Stream, which sweeps close to the seaward edge of the reef. The historic Carysfortlighthouse is located near the center of this Sanctuary Preservation Area (SPA), which is approximately 5.6nm(10.5km) off the coast of Key Largo.

Carysfort/South Carysfort Reef is the largest of the SPAs, and encompasses approximately 1.5nm2, or about515ha. It is rectangular, and extends seaward of the main reef to the first trough. The SPA protects the rubblearea behind the main reef, as well as some adjacent patch reefs.

Carysfort/South Carysfort Reef is accessible from the Ocean Reef community and from Card Sound throughAngelfish Creek. Commercial diving and recreational fishing occur in the area, but there appears to be littleconflict among users. Some lobster fishermen will be displaced to the surrounding areas. The Carysfort/SouthCarysfort Reef SPA has high research potential and is a good candidate for use as a control area.


274

Sanctuary Preservation Area: Cheeca Rocks

N

3

6

80˚37.8’ W 24˚54.5’ N

80˚37.6’ W 24˚54.6’ N

80˚37.5’ W 24˚54.3’ N80˚37.7’ W 24˚54.2’ N

500 Meters


Description

The Cheeca Rocks Sanctuary Preservation Area (SPA) is the only area in the Middle Keys designated to protectinshore patch reefs. Cheeca Rocks is one of the smallest SPAs, encompassing approximately 0.05nm2, or about16ha. The area is approximately 0.5nm (1km) southeast of Upper Matecumbe Key.

Cheeca Rocks is easily accessible. The reefs are heavily used, especially by visitors to Cheeca Lodge. Primaryuses include diving, snorkeling, and education activities. A few local tropical fish collectors use the area and willbe displaced by the SPA, but there are no major consumptive users. The potential for research is poor due toheavy use.


275

Sanctuary Preservation Area: Coffins Patch

18

18 612

12

18

18

80˚58.6’ W 24˚41.1’ N

80˚58.4’ W 24˚40.6' N

80˚57.5’ W 24˚41.1’ N

80˚57.7’ W 24˚41.5’ N

Coffins Patch Light

N 500 Meters


Description

Although Coffins Patch is fairly close to shore, it has the characteristics of an offshore patch reef system. Thereef includes rare pillar coral and other coral species unique to the Keys. The Sanctuary Preservation Area(SPA) is approximately 4nm (7km) southeast of Key Colony Beach.

The SPA is rectangular and covers an area of approximately 0.4nm2, or about 147ha. It includes the entirepatch reef and some of the rubble field behind the main reef. Other inshore and offshore patch reefs in thesurrounding area remain open.

The area is easily accessible, but no mooring buoys are currently in place. This is a low-use area visited bydivers, recreational fishermen, treasure hunters, and souvenir collectors. Some tropical fish collecting occurswithin and around the reef. Little, if any, displacement of users will occur since other patch reefs in the areawill remain open for use.


276

Description

Conch Reef has one of the best developed reef wall systems in the Keys. It has good conch habitat and containswell-developed stands of rare pillar coral. The Sanctuary Preservation Area (SPA) is located approximately 5nm(9km) south of Tavernier Key.

The SPA is rectangular and covers and area of approximately 0.07nm2, or about 23ha. It runs from the landwardboundary to an approximate depth of 45 feet, and includes some of the reef wall. Catch and release fishing bytrolling will be allowed in this SPA. The SPA is adjacent to a Special-use Area designated as “Research Only.”

Conch Reef is easily accessible from Key Largo and is heavily used by divers, with some tropical fish collecting inthe rubble zone. There is little user conflict because lobster fishermen operate away from the area of heavy divingactivity. Recreational fishermen troll the reef wall in 160 to 180 feet of water.

6

6

6

12

18

30

60100

80˚27.6’ W 24˚56.9’ N

80˚27.3’ W 24˚57.4’ N

80˚27.4’ W 24˚57.5’ N

80˚27.7’ W 24˚57.0’ N

Sanctuary Preservation Area: Conch Reef

N 500 Meters


Conch R

eef Special-use Area


277

Sanctuary Preservation Area: Davis Reef

N

6

12

18

30

60

80˚30.7’ W 24˚55.4’ N

80˚30.3’ W 24˚55.6’ N

80˚30.0’ W 24˚55.3’ N

80˚30.4’ W 24˚55.1’ N

500 Meters


Description

Davis Reef is a good example of a low-relief transitional reef containing well-developed gorgonian coral. TheSanctuary Preservation Area (SPA) is located approximately 4nm (7km) southeast of Plantation Key.

The SPA is a small, rectangular area covering approximately 0.2nm2, or about 58 ha. Its presence will helpprotect the area’s unique deepwater corals.

Davis Reef is easily accessible and heavily used. The area attracts a considerable number of divers fromIslamorada, and is also used by recreational fishermen. There is some tropical fish collecting in the rubble areas,and commercial fishing is conducted offshore. There will be little displacement of current users. Because thearea is heavily used, it has poor potential for research activities.


278

Dry Rocks

Grecian Rocks

18

12

12

80˚17.8’ W 25˚7.3’ N

80˚18.1’ W 25˚7.4’ N

80˚17.9’ W 25˚7.6’ N

80˚17.7’ W 25˚7.4’ N

80˚18.5’ W 25˚6.1’ N

80˚18.6’ W 25˚6.2’ N

80˚18.6’ W 25˚6.8’ N80˚18.2’ W 25˚6.9’ N

80˚17.9’ W 25˚6.6’ N

Sanctuary Preservation Area: Dry Rocks, Grecian Rocks

6

12

18

N 500 Meters


Description

Dry Rocks and Grecian Rocks lie within the boundaries of the Key Largo National Marine Sanctuary. They bothcontain good stands of elkhorn coral, and Dry Rocks contains the statue “Christ of the Deep.” The two SanctuaryPreservation Areas (SPAs) are ringed with mooring buoys.

Both SPAs are located seaward of White Banks and extend to an approximate depth of 30 feet. Dry Rocks SPAcovers an area of approximately 0.05nm2, or about 16ha. Grecian Rocks SPA covers an area of approximately0.3nm2, or about 107ha. Both areas capture the main reef features of the area.

Dry Rocks and Grecian Rocks both have excellent accessibility and host a wide range of user activities includingcommercial diving, snorkeling, and fishing. The presence of the SPAs helps alleviate the extensive conflict thatcurrently exist between fishermen and divers, with minimal displacement of either user group. Both areas havebeen degraded by heavy use, and warrant further protection. The SPAs will be good candidates for the applica-tion of carrying capacities and other research efforts.


279

Eastern Dry Rocks

Sand Key

Rock Key

6

3123

12

18

3030

1218

30

60

30

18

30

3

612

18

30

60 60

81˚50.8’ W 24˚27.7’ N

81˚50.5’ W 24˚27.9’ N

81˚50.4’ W 24˚27.7’ N

81˚50.6’ W 24˚27.5’ N

81˚53.1’ W 24˚27.6’ N

81˚52.3’ W 24˚27.6’ N

81˚52.3’ W 24˚27.0’ N

81˚53.1’ W 24˚27.0’ N

81˚51.6’ W 24˚27.5’ N

81˚51.3’ W 24˚27.5’ N

81˚51.2’ W 24˚27.3’ N81˚51.5’ W

24˚27.2’ N

Sand Key Light

Sanctuary Preservation Area: Eastern Dry Rocks, Rock Key, Sand Key

N

18

30

63

500 Meters

36


Description

These three areas contain a concentration of important bank reef habitats within a small area. The three Sanctu-ary Preservation Areas (SPAs) are located approximately 5nm (10km) southwest of Key West.

The largest of the three SPAs is Sand Key. The boundary for the Sand Key SPA extends seaward to betweenthe 30- and 60-foot depth contour, but portions of the rubble ridge will be open to existing activities. Catch andrelease fishing by trolling is allowed in this SPA. The approximate area of this SPA is 0.5nm2, or about 150ha.

At Rock Key and Eastern Dry Rocks, two small SPAs have been created using the reef crest and the 30-footdepth contour as boundaries. A depth of 4 feet along the reef flat marks the east and west boundaries of thesetwo smaller SPAs. Both Rock Key and Eastern Dry Rocks have areas of approximately 0.1nm2, or about 30ha.

The three reefs are easily accessible from Key West and are of high economic value. The area is consideredvery important for charter boat fishing, sportfishing, diving and lobster fishing. As a result, there are high userconflicts that SPAs will help to alleviate.


280

18

12

12

18

30

60

80˚20.6’ W 25˚2.2’ N

80˚21.2’ W 25˚2.3’ N

Sanctuary Preservation Area: French Reef

N

6

3

80˚21.0’ W 25˚1.8’ N

500 Meters


Description

French Reef contains many caves and arches within its spur-and-groove system. The Sanctuary PreservationArea (SPA) is north of Molasses Reef, approximately 6nm (11km) southeast of Key Largo.

The SPA is triangular and covers an area of approximately 0.1nm2, or about 37ha. It includes an area from therubble field to the 60-foot depth contour, and captures the caves and arches, while many of the lobster fishermenuse the surrounding areas. The area’s research potential is poor because of its easy access.


281

Sanctuary Preservation Area: Hen and Chickens

N

612

12

18

12 18

18

18

80˚32.9’ W 24˚56.4’ N

80˚32.7’ W 24˚56.2’ N

80˚33.1’ W 24˚55.7’ N

80˚33.3’ W 24˚55.9’ N

500 Meters


Description

Hen and Chickens is a unique mid-channel patch reef complex with growths of star coral that are beginning toshow signs of damage and decline. The Sanctuary Preservation Area (SPA) is approximately 2nm (4km) off ofPlantation Key, in the middle of Hawk Channel.

The SPA is rectangular and covers approximately 0.2nm2, or about 60ha. Its boundary encompasses the patchreef complex and the star coral.

Hen and Chickens is easily accessible, and currently has mooring buoys installed. The area is a high-use, low-conflict zone, except during the sport lobster season when it is heavily impacted and user conflicts may benumerous.


282

Description

The ecological importance of Looe Key has been established through the creation of Looe Key National MarineSanctuary. The Sanctuary Preservation Area (SPA) expands the current core area of the Looe Key NationalMarine Sanctuary. The expanded area includes some of the transitional and intermediate reef features on theseaward side and a larger portion of the seagrass community and rubble field on the landward side of the reef. Itis located approximately 5.5nm (10km) south of Ramrod Key and about 8nm (15km) southwest of Bahia HondaState Park.

The SPA is rectangular and extends seaward to the approximate 45-foot depth contour. It covers approximately0.3nm2, or about 115ha. Increasing the size of the protected area around Looe Key benefits the entire reefhabitat and will have little effect on current users because of existing Sanctuary regulations.

Sanctuary Preservation Area: Looe Key

N

12

6

12

18

30

60

100

6

500 Meters


81°24.2’W 24°33.2’N

81°24.08’W 24°32.6’N

81°24.7’W 24°32.5’N

81°24.8’W 24°33.1’N


283

Sanctuary Preservation Area: Molasses Reef

N

3

6

1830

60

10080˚22.8’ W 25˚0.2’ N

80˚22.4’ W 25˚0.9’ N

80˚22.0’ W 25˚0.7’ N

Molasses Reef Light80˚22.8’ W 25˚0.7’ N

12

500 Meters


Description

Molasses Reef contains a significant number of boulder corals, and has a well-developed spur-and-groovesystem that includes a deep wall. The Sanctuary Preservation Area (SPA) is located approximately 6nm (11km)southeast of Key Largo, near Rock Harbor.

The SPA includes a portion of the rubble field and extends to the 60-foot depth contour to protect the spur-and-groove system, the reef crest, and the deep wall. It covers an area of approximately 0.3nm22, or about 90ha.

Molasses Reef is highly accessible, and is the most heavily visited reef in the Upper Keys for diving. Establishingthe SPA reduces conflicts between recreational hook-and-line fishermen and divers.


284

Description

Newfound Harbor Key contains a series of nearshore patch reefs close to Newfound Harbor. The SanctuaryPreservation Area (SPA) is the only inshore patch reef complex protected in the Lower Keys. It is located lessthan 0.5nm (<1km) from the entrance to Newfound Harbor.

The SPA is rectangular and centered on two patch reefs along the shoreline near Newfound Harbor. The sea-ward boundary is the 18-foot depth contour and the landward boundary will allow boats and other watercraftsufficient passage along the shore. It covers an area of approximately 0.1nm22, or about 40ha.

Newfound Harbor has good accessibility. Although a total number of users is small, it is a high-use area for baitfishing, spearfishing, and environmental education activities. Other nearshore patch reefs in the area will remainopen to users.

Sanctuary Preservation Area: Newfound Harbor Key

N

6

12

18

81˚23.9’ W 24˚36.9’ N

81˚23.3’ W 24˚37.1’ N

81˚23.3’ W 24˚36.8’ N

81˚23.8’ W 24˚36.7’ N

33

6

3

6

500 Meters



285

Sanctuary Preservation Area: Sombrero Key

N

6

18

12

12

1830

60

Sombrero Key Light

500 Meters


81°06.8’W 24°37.9’N

81°06.1’W 24°37.4’N

81°07.0’W 24°37.2’N

Description

Sombrero Key has a spur-and-groove reef formation with stands of elkhorn coral. The Sanctuary PreservationArea (SPA) is located approximately 3.5nm (6km) seaward of Boot Key. The historic Sombrero Key Light is inthe northern corner of this triangular SPA.

The SPA covers an area of approximately 0.2nm2, or about 73ha. It captures the reef crest, spur-and-groovesystem, and some of the rubble field.

Diving and snorkeling currently occurs in and around this high-use area. Most commercial fishing occursseaward on the reef, while most recreational fishing occurs to the back and at the sides of this site. Catch andrelease fishing by trolling will be allowed in this SPA. Current conflicts between divers and recreational fisher-men will be addressed by the proposed boundaries. Existing users will not be dramatically displaced, andconflicts between user groups will be reduced.


286

500 Meters

Sanctuary Preservation Area: The Elbow

N

80˚15.1’ W 25˚8.9’ N30 30

3

1218

60

6

18

18

30

60

Elbow Reef Light

80˚15.4’ W 25˚9.1’ N

80˚15.7’ W 25˚8.8’ N

80˚15.7’ W 25˚8.1’ N

6


Description

The Elbow is a bank reef with a well-defined spur-and-groove system and healthy deepwater corals. TheSanctuary Preservation Area (SPA) is located approximately 5.5nm (10km) southeast of Key Largo.

The SPA is irregularly shaped and covers approximately 0.3nm2, or about 90ha. It includes the reef crest,rubble horns, and deepwater corals. Its seaward boundary extends to the 30-foot depth contour.

Lobster fishermen and ballyhoo fishermen use the reef and the surrounding area. There is significant recre-ational fishing adjacent to, and seaward of, the reef. The level of conflict between users is currently minimalbecause the area is not heavily used.


287

6

6

6

12

18

30

60100

Special-use Area: Conch Reef (Research Only)

N 500 Meters


Research Only

Conch Reef Sanctuary Preservation Area

80°27.4’W 24°57.5’N

80°27.0’W 24°57.0’N

80°27.2’W 24°56.8’N

80°27.5’W24°57.2’N

Description

Conch Reef contains stands of rare pillar coral and provides excellent habitat for conch. The seaward side hasone of the best developed reef wall systems in the keys. Octocorals and basket sponges are also present at thissite. This Special-use Area is located approximately 5nm (9km) southeast of Tavernier and is adjacent to theConch Reef Sanctuary Preservation Area (SPA).

The Special-use Area is designated as “Research Only,” and will provide an area for the Aquarius underwaterlaboratory to conduct research. The boundary of the Research Only area approximates the current designated“no anchor” zone for the Aquarius underwater laboratory. There is heavy diving activity landward in the adjacentSPA, and recreational fishermen troll the reef wall in 160 to 180 feet of water.


288

Special-use Area: Eastern Sambos (Research Only)

N 500 Meters


3

6

12

18

60

30

81°39.7’W 24°29.8’N

81°39.3’W24°29.4’N

81°39.6’W 24°29.5’N

81°40.02’W 24°29.7’N

Description

Eastern Sambos is a spur-and-groove bank reef with excellent coral formations. It is located in a region of theKeys that currently has some of the best remaining water quality along the reef tract. It is not heavily used bydivers and will serve as an excellent shallow reef community to compare with Tennessee Reef that in contrast islocated in an area of poor water quality, opposite of Florida Bay. By scientifically comparing these sites, re-searchers will be able to separate impacts from overuse with those from poor water quality.


289

Description

The Looe Key Special-use Area lies inshore of the core area of the current Looe Key National Marine Sanctuary,approximately 5.5nm (10km) south of Ramrod Key and about 8nm (15km) southwest of Bahia Honda State Park.The zone is rectangular and is centered on the mid-channel patch reefs in the northeast corner of the Sanctuary.It covers an area of approximately 0.1nm2, or about 34ha.

The zone is designated as “Research Only,” and is the only offshore patch reef complex protected in the LowerKeys. Because the area is already protected as a national marine sanctuary, the Special-use Area will have verylittle impact on current users and is a good choice for continued research activities.

Special-use Area: Looe Key (Research Only)

N

18

18

12

30

18

81˚23.3’ W 24˚34.1’ N

81˚23.2’ W 24˚34.0’ N

81˚23.8’ W 24˚33.8’ N

81˚23.9’ W 24˚34.0’ N

12

500 Meters



290

Special-use Area: Tennessee Reef (Research Only)

N

1218

30

80˚45.1’ W 24˚46.2’ N

80˚44.9’ W 24˚46.0’ N

80˚45.4’ W 24˚45.7’ N

80˚45.6’ W 24˚45.9’ N

500 Meters


Description

Tennessee Reef is a coral reef habitat containing a deep spur-and-groove system. It contains unique deepwater,slow-growth corals and sponges, and is located approximately 4nm (7km) south of Long Key. This Special-useArea is designated as “Research Only.”

The area is rectangular and covers 0.2nm2, or about 53ha. It extends seaward to the 30-foot depth contour andcontains the drowned spur-and-groove system and the unique deepwater corals.

Tennessee reef is a low-use area since it is relatively inaccessible and contains no mooring buoys. While diversoccasionally visit the area, it is not a prime dive spot. Fishing and lobster trapping occurs inshore from the reef.The area has good potential as a research site because of its relative inaccessibility and low level of use. Itslocation in the path of waters from the Florida Bay will give scientists an excellent site to compare with a“Research Only” site that has low use, but is located in an area with good water quality.


291

Type of Restriction

500 Meters

Bathymetry is in feet.

A No-motor Zone

N

A Idle-speed Only/No Wake Zone

Wildlife Management Area: Bay Keys

Low-water LineA AAAAAA

AAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAA


AAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

3

33

Boundaries shown are approximate.

DescriptionThe Bay Keys are a series of islands approximately seven kilometers north of Key West. Aside from theNorthwest Bay Key, the islands are unspoiled and largely composed of red mangroves. The largest keyharbors great white herons and a considerable number of tricolored and little blue herons. Restriction: A 300-foot (91m) no-motor zone is created around one island and idle-speed only/no wake zones are estab-lished in tidal creeks. Disturbance to nesting and roosting birds is decreased by the no-motor and idle-speedzones without impact to boaters.


292

N


AAAAAAAAA

500 Meters

AAA

AAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

A

3

126

3

3

6

3

6

12AAA

Boca Grande Key

Woman Key

12

Wildlife Management Areas: Boca Grande Key, Woman KeyType of Restriction

AABeach Closed


Low Water LineA

DescriptionBoca Grande Key is located about 22 kilometers west of Key West. It has an extensive, narrow, low-energybeach on the west and southwest side, which extends almost to the northern tip of the island. There is arelatively large interior pond on the shallow wash flats behind the dunes on the southwest side. Many speciesof birds use this area, including some that are listed as federally endangered and threatened. Restriction:Half of the beach is closed. (Beach above mean high tide is closed by the U.S. Department of theInterior). The most heavily used public-use area is still open.

Woman Key is located about 21 kilometers west of Key West. The island contains an extensive south-facing,low-energy beach and associated dunes. Shallow-water flats (hardbottom) border most of the beach. Logger-head turtles nest on the beach and dunes. Several species of wading birds also nest in the area and a largenumber of shorebirds use the sand spits on the southeast side of the island. Restriction: Half of the beachand sand spit on the southeast side is closed. (Beach above mean high tide is closed by the U.S.Department of the Interior). The remainder of the beach remains open to the public.


293

Type of Restriction

250 Meters


N

AA Idle Speed Only/No Wake Zone

Wildlife Management Area: Cayo Agua Keys

Low Water LineA


AAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAA

AAAAAAAAAAAAAAA

3


DescriptionThis series of islands located approximately 10 kilometers northeast of Key West, is dissected by tidal creeks.All of the Cayo Agua islands consist largely of red mangroves and are used by great white herons andospreys. Restriction: Idle-speed only/no wake zones are created in each of the navigable tidal creeks.No major impacts on users are expected.


294

AAAAAAAAA

Type of Restriction

AANo Motor Zone

1 Kilometer


N

Wildlife Management Areas: Cotton Key, Snake Creek

Low Water Line

AA

AAAAAA

AAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAA

AAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAA AAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAA AAAAAAAAA

33

33 33

33

36

3

66

3

3

6 6

3

3

6

3

66

6

66

3

36 6

66

6 66

3

6

3

6

6

6

33

36

6

12

6 6

12

3

6 3

3

3

3

6

6

3 3

3

6

6

3

3

3

6

3

AAAAAAAAAAAAAAAAAAAACotton Key

Snake Creek


DescriptionCotton Key is located in the Upper Keys, off the northeastern tip of Upper Matecumbe Key. It is and area ofvery shallow flats that are heavily used by a variety of birds as well as bonefish and other desirable fishspecies. There are also several small mangrove islands that serve as nesting sites for a variety of birds,including pelicans, cormorants, and at least four species of herons. Cotton Key is also a preferred roost formagnificent frigatebirds. Restriction: There is a no-motor zone on the tidal flat. Shallow-water boats andPWC have modified access to the area.

Snake Creek is located in the Upper Keys, east of Windley Key. It is an area of very shallow flats that areheavily used by a variety of birds, as well as bonefish and other desirable fish species. Restriction: There isa no-motor zone on the tidal flat. Shallow water boats and PWC have modified access to the area.


295

N500 Meters

AAAAAAAAAAAAAAAA

AAAAAAAAA

AAAAAAAAA

3

3

6

3

Cottrell Key

Little Mullet Key

Big Mullet Key

Type of Restriction

AAAANo Access Buffer


AANo Motor Zone

Wildlife Management Areas: Cottrell Key, Little Mullet Key, Big Mullet KeyBoundaries shown are

approximate.

Description

Little Mullet Key is a small mangrove located about 15 kilometers northwest of Key West. Restriction: A 300-foot (91m) no-access buffer zone is created around the island. Vessel traffic is prevented from approach-ing the island.

Big Mullet Key is located about 15 kilometers northwest of Key West. The island harbors nesting great whiteherons and a variety of other wading birds. Mangrove terrapins are also present. Restriction: A 300-foot(91m) no-motor zone is created around the island.

Cottrell Key is located about 15 kilometers northwest of Key West. It contains a variety of wading birds, andmangrove terrapins. Restriction: A 300-foot (91m) no-motor zone is created around the island. Boattraffic has modified access to the island.


296

Type of Restriction

AAAANo Access Buffer

1 Kilometer


N

Wildlife Management Area: Crocodile Lake

Low Water LineAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAA



AAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

6

6

6

63

6 3

3

3

3

6

3

36

33

3

3

6

6

6


Description

Crocodile Lake is located in the Upper Keys, along the eastern shore of Card Sound. This area has the mostextensive stands of tropical hardwood hammocks in the United States. It harbors a number of endangeredand threatened species, including the American crocodile and the West Indian manatee. Restriction: There isa 100-foot (30m) no-access buffer zone along the shoreline between March 1 and October 1. Motorizedvessels are prevented from approaching the shoreline. Jewfish and Steamboat Creeks remain open tomotorized vessel traffic.


297

Type of Restriction

AA No Access Buffer

500 Meters


N

A Idle Speed Only/No Wake Zone

Wildlife Management Areas: East Harbor Key, Lower Harbor Keys

Low Water LineAAAAAAA

AAAAAA

AAAAAAAAAAAAAAA

AAAA

AAAAA

AAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAA AAAAA

AAA

AAAAA

AAAAAAAAAAAAAAAAA

AA

AAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAA

63

63

6

3

6

3

3

3

3366

6

3

East Harbor Key

Lower Harbor Keys

3

3


DescriptionThe East Harbor Keys are located approximately 15 kilometers northeast of Key West. All but one of the keysare mangrove islands. The islands are heavily used by boaters, especially on weekends. Restriction: A 300-foot (91m) no-access buffer zone is established around the northern most island. Boaters are displacedfrom the no-access zone.

The Lower Harbor Keys lie approximately 12 kilometers northeast of Key West, are dissected by tidal creeks,lack dry land, and are composed primarily of red mangroves. Most of the islands are accessible by navigablechannels. The islands contain nesting great white herons, double-crested cormorants, and osprey. A variety ofother wading birds use the islands as well. Boat traffic is sometimes heavy on weekends. Restriction: Idle-speed only/no wake zones are created in selected tidal creeks. This restriction will reduce the impact of boattraffic.


298

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

Bathymetry is in feetSH - Shoreline

Wildlife Management Area: Eastern Lake Surprise

500 MetersN


SH

SH

SH

SH

SH

SH

SH

3

6

SH

Lake Surprise

LakeSimmons

Blackwater Sound

AAAAIdle Speed Only/No Wake Zone

Type of Restriction


Low Water LineAA

Description

Lake Surprise is located in the north Key Largo area. Currently, a man-made causeway composed of fill thatserves as the base for Highway 1 (US) spans Lake Surprise and cuts it roughly in half. The western side isheavily used by recreational vessels and has remained isolated to the eastern side by the causeway. Futureimprovements to US 1 call for a bridge to span Lake Surprise. The causeway will be removed, thus improvingwater circulation in the area. In order to protect the endangered American crocodile and West Indian manateethat inhabit the area from vessel traffic. Restriction: Idle speed only/no wake zone east of US 1 .


299


N

Wildlife Management Area: Horseshoe KeyType of Restriction

500 Meters

AAAAAA

AAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAA

AAAAAAAAAA

3

3

3

6

6

6

3


Low Water Line

AA


AANo Access Buffer

DescriptionHorseshoe Key is a relatively large island bordered entirely by red mangroves, and is located approximately 20kilometers northwest of Marathon. Two large openings on the island’s interior contain salt prairies. Heron,willet, and osprey nesting sites have been documented. The island is closed to public access. Restriction:There is a 300-foot (91m) no-access buffer zone around the main island. (The main island is closed bythe U.S. Department of the Interior). There has been minimal public use in the past, therefore, little impacton users is expected.


300

AAAAAAAAAA

AAAAAAAAAAAAAAA

Type of Restriction

AA No Motor Zone

2 Kilometer


N

Wildlife Management Areas: Rodriguez Key, Dove Key, Tavernier Key

Low Water LineA


AAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAA

AAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAA



AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

63

6 612

3

12

6

3

63

12

126

6

186 18

3 18

12

3

66

12

3

6

36

12

AAA

3

3

6

33

6

12

3

3 3

12

Tavernier Key

Dove Key

Rodriguez Key


DescriptionThese three sites are in the Upper Keys. Rodriguez Key is located east of Key Largo. Dove Key is locatedbetween Key Largo and Rodriguez Key. Tavernier Key is located east of Key Largo and Plantation Key. Theyare each areas of very shallow flats that are heavily used by a variety of birds as well as bonefish and otherdesirable fish species. Restriction: There is a no-motor zone on the tidal flats around each key. Addi-tionally, the area around the two small islands of Dove Key is closed.


301

N

Wildlife Management Area: Marquesas Keys

AANo Motor Zone

Type of Restriction

AAAAAAAA

AA

AAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAA





AAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


AAAAAA AAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


3

33

3

36

3

63

636

66

3

3

6

3

6

3

63

3

3

AAAA

No Access Buffer

AAIdle Speed Only/No Wake Zone

Low Water LineAABathymetry is in feet.

1 Kilometer

63


DescriptionThe Marquesas Keys are a chain of islands located approximately 40 kilometers west of Key West. They arecharacterized by an extensive network of low-energy beaches and dunes. Deepwater channels cut throughthe interior of the islands. The islands are used by sea turtles and birds for nesting, feeding, and roosting.Restriction: A 300-foot (91m) no-motor zone is established around the three smallest islands, a 300-foot (91m) no-access buffer zone is established around one mangrove island, and an idle speed only/no wake zone is established in the southwest tidal creek. Historically, public use of the area has beenlow, and minimal impacts on users are expected.


302

Type of Restriction

A Closed

500 Meters


AAAAAAAA

AAAAAAAA

AAAAAA

AAAAAA

AAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAA


AAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAA

AAAAAAAAAAAA



AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA



AAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAA

33

3

33

3 3

3 33

3

33

6 63

3

6 6

3

6

6

6

3

6 6

3

N

AA

Idle Speed Only/No Wake Zone

Wildlife Management Area: Mud Keys

Low Water LineA


DescriptionMud Keys are a series of islands approximately 25 kilometers northeast of Key West that are highly dissectedby navigable creeks. The islands consist almost entirely of red mangroves, although the northernmost islandhas considerable upland vegetation. The islands contain nesting ospreys and a small great white heronrookery. Frigatebirds sometimes roost on the islands. Restriction: Idle-speed only/no wake zones arecreated in the two main tidal creeks. The two smaller creeks on the west side are closed to provide asanctuary for birds. Boaters will have modified access to this area.


303

N

AAAAAA

3

6

12

12

50 Meters

Wildlife Management Area: Pelican Shoal

6

6

3

Type of Restriction


AANo Access Buffer


DescriptionPelican Shoal is located approximately 9 kilometers southeast of Boca Chica. It is primarily a small rubbleisland that provides an important nesting site for birds. Visitor use is low in this area. Restriction: No-accessbuffer zone is created out to 50 meters from shore between April 1 and August 31. (The shoal is closedby the Florida Game and Freshwater Fish Commission). No major displacements of user groups will occuras a result of this new designation.


304

N

Wildlife Management Area: Sawyer Keys

Type of Restriction

A Closed

500 Meters


AA

AAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA


AA

AAAAAAAAAAAAAA AAA


AAAAAAAAAAAAAAAAAAAAAAAAA AAA



AAAAAAAAAA

12

3

3

12

12

12

66

6

6

3


Low Water Line

A


Description

Sawyer Keys consist of a series of islands east of Johnston Key Channel, approximately 35 kilometersnortheast of Key West. These islands are dissected by shallow, tidal creeks. The northwest side of the largestisland is privately owned. Sawyer Keys harbor nesting ospreys. The area is also used by 11 species ofwading birds. The area south of the two largest islands is an important staging area for migrant shorebirds inautumn. Restriction: Tidal creeks on the south side of the islands are closed. Vessel traffic will beprevented from using much of the site.


305

Type of Restriction

500 Meters


AANo Motor Zone

N

AAIdle Speed Only/No Wake Zone

Wildlife Management Area: Snipe Keys

Low Water Line

AA

AAAAAAAAAA

AAA


AAA


AAAAAAAAAAAAAAAAAAA

AA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAA

AAAAAAAAAAA


A

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAA

AAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAA

AAAAAAAAAAAA




AAAAAAAAAAAAAAAAAAAAAAAAAAAA


3

3 36

3

3

33

3

3 3

6 33

66

6

33

6

3

6

3

6

12


Description

Snipe Keys are a group of small islands dissected by a maze of tidal creeks between Snipe Point and theOuter Narrows. Snipe Keys lie east of Mud Keys and approximately 25 kilometers northeast of Key West.Groups of little blue herons are present on the tidal creeks. Snipe Point is used by terns and various shore-birds. Restriction: An idle-speed only/no wake zone is created for the main tidal creek. A no-motorzone will be established for the remaining creeks. Boat traffic will have modified access to this area.


306

Type of Restriction

AA No Access Buffer

500 Meters


AAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAA


AAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAA

AAAAAAAA AAA

AAAAAAAAA

AAAAAAAAAAAAAAA



AAAAAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA




AAAAAAAAAAAAAAAAAAA


3

3

3

63

3

3

3

N

Wildlife Management Area: Tidal Flat South of Marvin Key

Low Water LineA


Description

The tidal flats south of Marvin Key cover one to two acres and are inundated at high tide. Marvin Key islocated east of Mud Keys, approximately 25 kilometers northeast of Key West. Large numbers of restingshorebirds use the flats. Restriction: A no-access buffer zone is created to protect birds resting on theflats. Vessels and people will be prevented from entering the flats.


307

Description

Upper Harbor Key is a mangrove island approximately 35 kilometers northwest of Marathon that is surroundedby flats but is accessible at high tide. It is a premier area for wading birds. The island is used by various birdspecies including ospreys, frigatebirds, double-crested cormorants, and wading birds. Restriction: A 300-foot (91m) no-access buffer zone is created around the island. Vessel traffic will be prevented fromapproaching the island.

The East Content Keys are approximately 40 kilometers northwest of Marathon. These islands, which arelocated east of Content Passage, are dissected by several shallow tidal creeks and are inaccessible to mostvessels at low tide. Herons and white ibises use the interior tidal creeks. Restriction: Idle-speed only/nowake zones are created in the tidal creeks. Impacts from shallow-draft boats will be decreased.

N

Wildlife Management Areas: Upper Harbor Key, East Content Keys

Type of Restriction

AANo Access Buffer

500 Meters

AAAA


AAAAAA

AAAAAA

AAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAA

AAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAA

AAAAAAAAAAAAAAA

AAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAA

AAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

3

3

6

3

12

6

312

612Bathymetry is in feet.

Low Water LineAA

Upper Harbor Key

East Content Keys



308

N

Wildlife Management Areas: West Content Keys, Little Crane Key

Type of Restriction

ANo Access Buffer

500 Meters

AA


AAAAAA

AAAAAAAAAAA

AAAA

AAAAAAAAA

A


AAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAA

AAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA



AAAAAA

AAAAAAAAAAAAAAAA

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAA


3

63

33

33

6

3

12

3

3

West Content Keys

Little Crane Key


Low Water Line

AA


Description

The West Content Keys lie approximately 40 kilometers northwest of Marathon, north of Little Crane Key.These islands, west of Content Passage, are accessible at high tides. Broad, shallow tidal creeks dissect thearea, and nesting ospreys and wading birds inhabit the islands. Restriction: Idle-speed only/no wake zonesare established in selected tidal creeks, and a no-access buffer zone in one cove. There will be de-creased impacts from vessels using the tidal creeks.

Little Crane Key is a very small island between the Content Keys and Raccoon Key, approximately 40kilometers northwest of Marathon. One side of the island has been eroded by storms. The island contains alarge frigatebird roost and nesting areas for great egrets and double-crested cormorants. Restriction: A 300-foot (91m) no-access buffer zone is placed around the island. The buffer zone will displace vessel trafficand divers.

309

References

References

Preferred Alternative/Management Plan

Clark, J.R., B. Causey, and J.A. Bohnsack, 1989.Benefits from Coral Reef Protection: Looe KeyReef, Florida. In Coastal Zone '89, Proceedingsof the Sixth Symposium on Coastal and OceanManagement. New York, New York: AmericanSociety of Civil Engineers.

Cox, C., T.R. Mathews, H. Norris, P. Donovan-Potts,and J. Hunt. (In Prep) Draft Title: Boat Usage inthe Florida Keys National Marine Sanctuary -final report for contract #C-23. FMRI TechnicalReport Series.

Leeworthy, R. et al, 1993.

Action Plans

Mooring Buoy Action Plan

Mathews, T.R., and P. Donovan-Potts, 1993. Anevaluation of mooring buoys in the Florida KeysNational Marine Sanctuary based on boatingpatterns. DNR Contract C-8013, Looe KeyNational Marine Sanctuary. 40 pp.

van Breda, A., and K. Gjerde, 1992. The use ofmooring buoys as a management tool. Center forMarine Conservation. Washington, DC. 56 pp.

Research and Monitoring Action Plan

Monroe County. 1992. Monroe County year 2010comprehensive plan, 1992. Prepared for theMonroe County Board of County Commissionersby Wallace, Roberts, and Todd; Barton-AschmanAssociates, Inc.; Keith and Schnars, P.A.; Haben,Culpepper, Dunbar, and French; Henigar andRay, Inc.; Price Waterhouse; and the GrowthManagement Staff of Monroe County. 3 vols. 810pp.

D’Elia, C.F., R.W. Buddemeier, and S.V. Smith. 1991.Workshop on coral bleaching, coral reef ecosys-tems, and global change: Report on proceedings.College Park, MD: Maryland Sea Grant College.49 pp.

Florida Department of Natural Resources. 1989.Five-year research plan, 1989-1994. Talahassee,FL: Florida Department of Natural Resources,Division of Marine Resources. 85 pp.

Harwell, C., ed. 1991. Report on the researchplanning workshop for the Florida Keys NationalMarine Sanctuary. Office of Ocean and CoastalResource Management, Sanctuaries and Re-serves Division, NOAA, Rosenstiel School ofMarine and Atmospheric Science, University ofMiami. 57 pp. + appendix.

Miller, J.W., ed. 1988. Results of a workshop on coralreef research and management in the FloridaKeys: A blueprint for action. National UnderseaResearch Program Research Report 88-5.Washington, DC: Office of Undersea Research,Oceanic and Atmospheric Research, NOAA. 49pp.

Olson, C. 1991. The Florida Keys environmentalsummit report. Key West, FL: Florida Keys Landand Sea Trust.

Sullivan, K. et al. 1996. Site Characterization for theFlorida Keys National Marine Sanctuary andEnvirons. Zenda, Wisconsin: Farley Court ofPublishers.

311

Acronyms

AcronymsAcronym Meaning

ACSC Areas of Critical State ConcernAICUZ Air Installation Compatible Use ZonesAPPS Act to Prevent Pollution from ShipsARPA Archaeological Resources Protection ActASA Abandoned Shipwreck ActATBAs Areas to be AvoidedATCA Atlantic Tuna Convention ActAWT Advanced Wastewater TreatmentBMES Bureau of Marketing and Extension ServicesBMRRD Bureau of Marine Resource Regulation and DevelopmentBP Before PresentBRD Bycatch Reduction DevicesLP Bureau of Submerged Lands and PreservesBSRR Bureau of Sanctuaries and Research ReservesCAA Clean Air ActCARL Conservation and Recreation LandsCBRA Coastal Barrier Resources Act of 1972CBRS Coastal Barrier Resources SystemCCC Coastal Coordinating Council (Florida)CERCLA Comprehensive Environmental Response, Compensation,

and Liability ActCDP Census Designated PlaceCFR Code of Federal RegulationsCMWG Channel Marking Working GroupCSA Continental Shelf AssociatesCWA Clean Water ActCZM Coastal Zone ManagementCZMA Coastal Zone Management Act of 1972DARRF Damage Assessment and Restoration Revolving FundDBS Division of Beaches and ShoresDCA Department of Community AffairsDEIS/MP Draft Environmental Impact Statement/Management PlanDEMA Dive Equipment Manufacturers AssociationDMR Department of Marine Resources (Monroe County)DO Dissolved OxygenDRI Development of Regional ImpactEIS Environmental Impact StatementEMAP Environment Monitoring and Assessment ProgramENP Everglades National ParkEPA Environmental Protection AgencyESA Endangered Species ActF.S. Florida StatutesFAA Federal Aviation Act of 1958FAC Florida Administrative CodeFAP Federal Archaeological ProgramFCD Flood Control DistrictFCMP Florida Coastal Management ProgramFCREPA Florida Committee on Rare and Endangered Plants and AnimalsFCRES Florida Committee on Rare and Endangered SpeciesFDA Florida Department of AgricultureFDACS Florida Department of Agriculture and Consumer Services

312

Acronyms

FDBS Florida Division of Beaches and ShoresFDCA Florida Department of Community AffairsFDEP Florida Department of Environmental ProtectionFDHR Florida Division of Historical ResourcesFDHRS Florida Department of Health and Rehabilitative ServicesFDMR Florida Division of Marine ResourcesFDEP Florida Department of Environmental ProtectionFDER Florida Department of Environmental RegulationFDNR Florida Department of Natural ResourcesFDOC Florida Department of CommerceFDOI Florida Department of the InteriorFDOS Florida Department of StateFDOT Florida Department of TransportationFDRP Florida Division of Recreation and ParksFDSL Florida Division of State LandsFEIS Final Environmental Impact StatementFGFWFC Florida Game and Fresh Water Fish CommissionFDHRS Florida Department of Health and Rehabilatative ServicesFDMR Florida Division of Marine ResourcesFIO Florida Institute of OceanographyFIRE Finance, Insurance, and Real Estate TradesFKAA Florida Keys Aqueduct AuthorityFKARA Florida Keys Artificial Reef AssociationFKNMS Florida Keys National Marine SanctuaryFKNMSPA Florida Keys National Marine Sanctuary and Protection ActFMFC Florida Marine Fisheries CommissionFMP Florida Marine PatrolFMP Fishery Management PlanFMRI Florida Marine Research InstituteFNAI Florida Natural Areas InventoryFPS Florida Park ServiceFWIA Fish and Wildlife Improvement ActFWS Fish and Wildlife Service (U.S. Dept. of Interior)GDM General Design MemorandumGIS Geographic Information SystemGPS Global Positioning SystemHAPC Habitat Area of Particular ConcernHAZMAT Hazardous MaterialsIMC Interagency Management CommitteeITQ Individual Transferrable QuotaJPCRSP John Pennekamp Coral Reef State ParkLA Lacey ActLATF Land Acquisition Trust FundLEO Law Enforcement OfficerLKNMS Looe Key National Marine SanctuaryMBTA Migratory Bird Treaty ActMCMCD Monroe County Mosquito Control DistrictMFCMA Magnuson Fishery Conservation and Management ActMMPA Marine Mammal Protection ActMMS Minerals Management ServiceMOA Memoranda of AgreementMOU Memoranda of UnderstandingMPPRCA Marine Plastic Pollution Research and Control Act of 1987MPRSA Marine Protection, Research, and Sanctuaries Act

Acronym Meaning

313

Acronyms

Acronym Meaning

NCP National Contingency PlanNDP Natural Disaster PlanningNEPA National Environmental Policy ActNERR National Estuarine Research ReserveNFWF National Fish and Wildlife FoundationNGOs Nongovernmental OrganizationsNHPA National Historic Preservation ActNMFS National Marine Fisheries ServiceNMS National Marine SanctuaryNMSA National Marine Sanctuaries ActNOAA National Oceanic and Atmospheric AdministrationNOS National Ocean Service (NOAA)NPDES National Pollutant Discharge Elimination SystemNPS National Park ServiceNPS Nonpoint SourceNURC National Underwater Research CenterOCRM Office of Ocean and Coastal Resource ManagementOCS Outer Continental ShelfOCSLA Outer Continental Shelf Lands ActODA Ocean Dumping Act of 1972OFMAS Office of Fisheries Management and Assistance ServicesOFW Outstanding Florida WaterONRW Outstanding Natural Resource WatersOPA Oil Pollution Act of 1990OPS Office of Protected SpeciesORCA Office of Ocean Resources Conservation and

Assessment (NOAA)OSDS On-site Disposal SystemOSP Optimum Sustainable PopulationPADI Professional Association of Dive InstructorsPAED Planning Analysis Area/Enumeration DistrictPL Public LawPRP Potentially Responsible PartiesPSA Public Service AnnouncementPSD Prevention of Significant Deterioration ProvisionsPWSA Port and Waterways Safety ActRHA Rivers and Harbors ActSAV Submerged Aquatic VegetationSCR Submerged Cultural ResourcesSEA Strategic Environmental Assessments Division

(ORCA, NOAA)SEFSC Southeast Fisheries Science CenterSFRC South Florida Research CenterSFWMD South Florida Water Management DistrictSHPO State Historic Preservation OfficerSLA Submerged Land Act of 1953SOC Save Our CoastsSOR Save Our RiversSPAs Sanctuary Preservation AreasSPF Standard Project FloodSPL Saltwater Products LicenseSRD Sanctuaries and Reserves Division (OCRM, NOAA)SRS Shark River SloughSWD Solid Waste Disposal

314

Acronyms

Acronym Meaning

SWIM Surface Water Improvement and Management ActSWM Stormwater ManagementTDC Tourism Development CouncilTNC The Nature ConservancyTSRP Taylor Slough Rainfall PlanUIC Underground Injection ControlULV Ultra Low VolumeUNCW University of North Carolina, WilmingtonUSACE United States Army Corps of EngineersUSCG United States Coast GuardUSDOC United States Department of CommerceUSDOI United States Department of the InteriorUSDOS United States Department of StateUSDOT United States Department of TransportationUSGS United States Geological SurveyVTSS Vessel Traffic Separation SchemesWCAs Water Conservation AreasWQBELs Water Quality Based Effluent LimitationsWWTP Wastewater Treatment Plant

Glossary of Technical Terms

315


accretion- growth or increase in size by gradualexternal addition

ad valorem- according to value; imposed at a ratepercent of the value as stated in an invoice

ahermatypic - non reef-building corals

anaerobic - capable of living or growing in an envi-ronment lacking free oxygen

annelids - any of various worms with cylindricalsegmented bodies

aquaculture - the cultivation of marine life for harvestand utilization by humans

arboreal - relating to, or like, a tree; in referring tospecies, those that inhabit or frequent trees

ascidians - “sack-like” tunicates; animals in which thelarval stage resembles a tadpole but the adult issedentary and sack-like (e.g. sea squirts)

backcountry - primarily referring to the Florida Bayarea of the Keys' islands and waterways

bathymetry - water depth measurement informationused to produce depth-contoured charts

benthic communities - bottom-dwelling flora andfauna

Bermuda/Azores high - the subtropical anticyclonepositioned over the southern Atlantic Ocean in theNorthern Hemisphere; it is most pronounced in springand summer

bioherm - a mound, dome, or reef-like structure builtup by, and composed almost exclusively of, theremains of sedentary organisms, such as corals,algae, or molluscs

biota - animal or plant life of a region considered as atotal ecological entity

block-faulted - a type of normal faulting in which theEarth's crust is divided into structural or fault blocksof different elevations and orientations

calcareous - containing characteristics of calciumcarbonate, calcium, or limestone

capital facilities - those buildings and structuresrequired for the provision of public services

Carolinian - refers to organisms and physical charac-teristics of the southeastern U.S. coastline

Census Designated Place - closely settled commu-nities without corporate limits or status

common property resources- resources that arenot exclusively controlled by a single agent or source.Access to such resources is not restricted, andtherefore the resources can be exploited on a first-come, first-served basis

convective storm - storm characterized by verticallyrising air

corallimorphs - false corals

coralline - any animal related to or resembling corals

crenulated (corals) - corals having tiny notches orscallops

crinoids - “sea lilies”; echinoderms that are suspen-sion feeders with jointed arms and appendages thatgive a feathery appearance resembling a plant

cyclonic storms/systems - a windstorm with aviolent whirling movement; a system of rotating windsover a vast area, spinning inward to a low pressurecenter (counterclockwise in the northern hemisphere)generally causing stormy weather

defaunated - indigenous animals are removed from aparticular area

desiccation - removal of moisture; drying out

detrital - the accumulation of disintegrated material

diurnal - pertaining to or occurring in a day or eachday; daily

downzoning - the practice of rezoning a parcel orparcels in a “lower” or more restrictive zoning cat-egory (e.g., a rezoning from multifamily residential tosingle-family residential) is considered downzoning;downzonings are often part of a growth managementprogram employed when communities find that theyhave overzoned for the population growth which isdesired


316

downwelling - a reverse vertical flow of water,moving from the ocean’s surface to great depths;occurs at oceanic convergences

echinoderms - radially symmetrical animals that areexclusively marine and possess a spiny skin and asystem of water filled canals that aids in feeding andlocomotion. (e.g., sea urchins, sand dollars, and seacucumbers)

endangered species - a species in danger of becom-ing extinct that is protected by the EndangeredSpecies Act

endemic - restricted to or native to a particular areaor region

epibenthic - organisms that live on the surface of asubstrate, including motile organisms such asgastropods, sea urchins, sea stars, sea cucumbers,sea biscuits, and a wide variety of crustacea

epifauna - animals that live on the ocean bottom,either attached or moving freely over it

epiphytic - any organisms that grow on the blades ofseagrasses, including algae, diatoms, and otherencrusting organisms

eutrophication - the process by which nutrient-richwaters bring about a high level of biological produc-tivity that may ultimately lead to reduced dissolvedoxygen levels

fauna - animal life of a particular region

flora - plant life of a particular region

Florida Current - the segment of current between theGulf of Mexico Loop Current and the Gulf Streamfrom the Dry Tortugas to the Southeastern tip ofFlorida, and confined by the 250-meter and 500-meter isobaths

Florida reef tract - the third largest barrier reef in theworld, running from the Miami area southwest to theDry Tortugas

Floridan Aquifer - the rock mass of South Floridathat contains groundwater

foraminifera - an order of planktonic and benthicprotozoans having a calcareous shell; perforationsthrough which numerous pseudopodia protrude

gastropods - “Stomach footed" class of molluscs thathave only one shell and usually move about on amuscular “foot” (e.g., snail, slug, cowry, limpet)

gorgonian - a type of octocoral (soft coral) commonlyfound in southeast Florida reefs at depths less than30 meters; they include sea fans, sea plumes, seawhips, and sea rods

Gulf of Mexico Loop Current - major surface currentin the Gulf of Mexico; enters through Yucatan Straits,flows clockwise into the east central portion of theGulf, and exits through the Straits of Florida becom-ing the Florida current and eventually the GulfStream

gyre - circular spiral form; used mainly in reference tothe circular motion of water in major ocean basinscentered in the subtropic high-pressure regions

halophytic - type of plant that can survive in saltwaterenvironments

Holocene Era - designating the present epoch ofgeologic time

hookah - an underwater breathing apparatus thatsupplies air to one or more divers through hosesattached to a compressor located on the surface

hot spot - an area of actual or potential trouble

hydrography - the study, description, and mapping ofoceans, lakes, and rivers with an emphasis onnavigation

hydrology - the science dealing with the nature,distribution, and movement of water on and belowthe Earth's surface

hydroperiod - hydrologic conditions that contribute toseasonally elevated surficial and groundwater flowconditions

incorporated lands - land areas under the jurisdic-tion of a municipal government; in Monroe Countythere are three incorporated areas: the cities of KeyWest, Layton, and Key Colony Beach; all other areasin the Keys fall under Monroe County’s jurisdiction

infaunal - organisms that live buried in sediments,including a variety of polychaetes, burrowing crusta-ceans, and molluscs


317

infrastructure - basic installations and facilities, suchas roads, power plants, transportation, and communi-cation systems

iron-pile lighthouse - a lighthouse built on ironpilings that are threaded like a screw; the piling legsare screwed into the surface; this design allows waterto pass through during storms

isobath - line connecting points of equal depth

keystone species - a single species whose activitiesdetermine community structure; a species whosepresence is critical to that community

lithology - the scientific study of rocks usually withthe unaided eye or little magnification

live rock - rock to which living marine organisms areattached

Lower Keys - that part of incorporated MonroeCounty south and/or west of the Seven Mile Bridge(i.e., Little Duck, Missouri and Ohio Keys, BahiaHonda, West Summerland/Spanish Harbor, andsouth to Stock Island)

mailboxes - propeller-wash device treasure huntersuse to blow sediment away from wrecks buriedbeneath the seabed

management alternative - a bundle of managementstrategies that, when employed together, representthe means for achieving a desired level of protectionwithin the Sanctuary

management strategy - an action or physical mea-sure taken to address a specific issue; a manage-ment strategy is combined with an implementationincentive or mechanism to induce behavior; aninstitutional arrangement with authority to act; and afinancing scheme to support the costs of implementa-tion

Middle Keys - that part of unincorporated segment ofMonroe County between Seven Mile Bridge andWhale Harbor Bridge (i.e., Islamorada, Upper andLower Matecumbe, Fiesta Key, Long Key, ConchKey, Walkers Island, Duck Key, Fat Deer Key,Marathon, and Pigeon Key)

military exclusion area - a region or tract reservedfor military uses, where unauthorized persons maynot enter

National Register of Historic Places - a congres-sionally authorized register of historically significantplaces, and or objects that receive protection fromalteration or demolition under law; alterations aresubject to Historic Preservation Council approval andmust not significantly change the character orassociations of the place or object in question

nektonic - highly motile organisms, such as fishesand squids that live in, or above, the seagrasscanopy

nonpoint source pollutant discharges - thosepollutant discharges not associated with a specificlocation (e.g., urban and agricultural pesticide runoff)

nutrients - any number of organic or inorganiccompounds used by plants in primary production(typically nitrogen and phosphorous)

octocorals - coral type that includes sea plumes, seawhips, gorgonians, and soft corals

oolitic - made of a limestone composition consistingof many small grains of carbonate of lime cementedtogether

patch reef - small circular or irregular reefs that arisefrom the floor of lagoons, behind barrier reefs, orwithin an atoll

pathogens - any agent, most commonly a microor-ganism, capable of causing disease

personal watercraft - a shallow-draft, jet drivewatercraft on which the operator sits, kneels, orstands; excludes those vehicles piloted from insidethe craft

planktonic - organisms dependent on water move-ment and currents as their means of transportation,including phytoplankton, zooplankton, andichthyoplankton

Planning Analysis Area/Enumeration District -aggregated subcounty areas used as a framework forcompiling and analyzing census data; aggregatedinto three areas: Lower, Middle, and Upper Keys

Pleistocene epoch - the first epoch of the Quater-nary Period of the Cenozoic Era, beginning approxi-mately 10,000 years ago; characterized by majorworldwide climatic fluctuations, the spreading andrecession of continental ice sheets with concomitantrise and fall of sea levels, and the appearance ofmodern humans


318

point source pollutant discharges - the dischargeof pollutants from a distinct and identifiable source,such as a sewer or industrial outfall pipe

polychaeta - class of annelid worms that includesbristle and feather duster worms

potable water - water that is safe to drink

puerulus - the transitional swimming stage of thespiny lobster

seasonal population - any group of organisms of thesame species that occupy a given space at a particu-lar time of year (defined as winter, spring, summer,fall, wet, or dry)

sessile - immobile organisms that are permanentlyfixed to the substrate

sheet flow - surface water runoff

slough - swamp bog or marsh; especially one that ispart of an inlet or backwater

solution holes - depression in the Earth’s surfacecaused by dissolving of substrate composed primarilyof calcium carbonate

southwest continental shelf - the submerged shelfof land that slopes gradually from the exposed edgeof the continent for a variable distance to the pointwhere the steep descent to the ocean floor begins

spur and groove - coral formation endemic tofringing or bank reefs; spurs are usually composed ofa framework or Acropora palmata that form rampartsprotruding at right angles to the axis of the reef andprojecting into the prevailing wind pattern; the spacesbetween the spurs are sand channels referred to asgrooves

storm surge - water elevation change due especiallyto tropical or extratropical storms

threatened species - plant or animal species be-lieved likely to move into the endangered category inthe near future if causal factors at work continue topersist

tourism units - hotel/motel rooms, sites for campingand recreational vehicles, and vacation rentals

toxicant - a poisonous or toxic substance

turbid - the state of being clouded, opaqued, orobscured by suspended sediment

unincorporated lands - lands not under the jurisdic-tion of (and not receiving services from) a town or city

Upper Keys - that part of unincorporated portion ofMonroe County north of Whale Harbor Bridge;geologically, the segment of the Keys comprised ofexposed Miami Limestone substrate; includes thearea from Marathon to Soldier Key

vascular - typically describes tubular structuresinvolved in fluid transport

viviparous - bearing or bringing forth live young, aswith most mammals

zoanthids - generally small anemone; may becolonial or solitary, and both symbiotic and free-living;the most common on the Florida reef tract isPalythoa caribbea, referred to as “golden sea mat”

zone - an area or region considered as separate anddistinct from others because of its designated use,plant or animal life, etc.

zoning - the act of partitioning areas of land or waterinto sections dedicated to specific purposes andactivities

319

Metric Conversion Table

Linear Measurement

1 foot= 0.3048 meter

1 meter= 3.28084 feet= 0.001 kilometer

1 kilometer= 1,000 meters= 0.621371 statute mile

1 statute mile= 5,280 feet= 1.60934 kilometers= 0.8689 nautical mile

1 nautical mile= 6,076.12 feet= 1.852 kilometers= 1.15078 statute miles

Mass Measurement

1 pound= 0.002 ton= 0.453592 kilogram

1 ton= 2,000 pounds= 0.907185 metric ton

1 kilogram= 2.20462 pounds= 0.001 metric ton

1 metric ton= 2,240 pounds= 1.10231 tons

Area Measurement

1 acre= 43,560 square feet= 4,046.86 square meters= 0.404686 hectare= 0.0015625 square statute mile

1 hectare= 2.47105 acres= 10,000 square meters= 0.01 square kilometer= 0.003861 square statute mile

1 square kilometer= 247.105 acres= 100 hectares= 0.386102 square statute mile

1 square statute mile= 640 acres= 258.999 hectares= 2.58999 square kilometers= 0.755 square nautical mile

1 square nautical mile= 847.5443 acres= 3.43 square kilometers= 1.324288 square statute miles

Unit Abbreviations

foot (ft)

hectare (ha)

kilometer (km)

meter (m)

nautical mile (nmi)

pound (lb)

square kilometer (km2)

square meter (m2)

square nautical mile (nmi2)

square statute mile (mi2)

statute mile (mi)

fede

ral r

egiste

r

32153

ThursdayJune 12, 1997

Part II

Department ofCommerceNational Oceanic and AtmosphericAdministration

15 CFR Parts 922, 929, and 937Florida Keys National Marine SanctuaryRegulations; Final Rule

32154 Federal Register / Vol. 62, No. 113 / Thursday, June 12, 1997 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and AtmosphericAdministration

15 CFR Parts 922, 929, and 937

[Docket No. 9607292–6192–03]

RIN 0648–AD85

Florida Keys National MarineSanctuary Final Regulations

AGENCY: Office of Ocean and CoastalResource Management (OCRM),National Ocean Service (NOS), NationalOceanic and AtmosphericAdministration (NOAA), Department ofCommerce.ACTION: Notice of effective date;modifications to final rule.

SUMMARY: Pursuant to the Florida KeysNational Marine Sanctuary andProtection Act and the National MarineSanctuaries Act, NOAA developed thecomprehensive final management planfor the Florida Keys National MarineSanctuary (FKNMS or the Sanctuary).NOAA issued final regulations onJanuary 30, 1997, to implement thatplan and govern the conduct ofactivities within the Sanctuary.Congress and the Governor of the Stateof Florida (Governor) had forty-five daysof continuous session of Congressbeginning on the day on which the finalregulations were published to reviewthose regulations and management plan.After the forty-five day review period,the regulations would become final andtake effect, except that any term or termsof the regulations or management planthe Governor certified to the Secretaryof Commerce as unacceptable would nottake effect in the area of the Sanctuarylying within the seaward boundary ofthe State.

During the forty-five day reviewperiod the Governor submitted to theSecretary of Commerce a certificationthat implementation of the managementplan and certain regulations wereunacceptable unless specificamendments were made to theregulations. In response to theGovernor’s certification, NOAAamended those regulations certified asunacceptable to incorporate theGovernor’s changes. Consequently,upon their effective date the regulations,as modified by this notice, andmanagement plan, in their entirety, willapply throughout the Sanctuary,including within State waters of theSanctuary.

This notice amends the regulationspublished in the January 30, 1997,

Federal Register, in response to theGovernor’s certification, and announcesthe effective date of the regulations.EFFECTIVE DATE: The final rule publishedon January 30, 1997, at 62 FR 4578 andthe revision of 15 CFR part 922, subpartP in this document are effective July 1,1997.ADDRESSES: Requests for a copy of theFMP/EIS, the Final RegulatoryFlexibility Analysis, or the FederalismAssessment should be submitted to theSanctuary Superintendent, Florida KeysNational Marine Sanctuary, P.O. Box500368, Marathon, Florida 33050.FOR FURTHER INFORMATION CONTACT:Billy Causey, Sanctuary Superintendent,305/743–2437 or Edward Lindelof, EastCoast Branch Chief, Sanctuaries andReserves Division, 301/713–3137Extension 131.

SUPPLEMENTARY INFORMATION:

I. Introduction

The FKNMS was designated by an actof Congress entitled the Florida KeysNational Marine Sanctuary andProtection Act (FKNMSPA, Pub.L. 101–605) which was signed into law onNovember 16, 1990. The FKNMSPAdirected the Secretary of Commerce todevelop a comprehensive managementplan and regulations for the Sanctuarypursuant to sections 303 and 304 of theNational Marine Sanctuaries Act(NMSA) (also known as Title III of theMarine Protection, Research, andSanctuaries Act of 1972), as amended,16 U.S.C. 1431 et seq. The NMSAauthorizes the development ofmanagement plans and regulations fornational marine sanctuaries to protecttheir conservation, recreational,ecological, historical, research,educational, or aesthetic qualities.

The authority of the Secretary todesignate national marine sanctuariesand implement designated sanctuarieswas delegated to the Under Secretary ofCommerce for Oceans and Atmosphereby the Department of Commerce,Organization Order 10–15, § 3.01(z) (Jan.11, 1988). The authority to administerthe other provisions of the NMSA wasdelegated to the Assistant Administratorfor Ocean Services and Coastal ZoneManagement of NOAA by NOAACircular 83–38, Directive 05–50 (Sept.21, 1983, as amended).

II. Forty-Five Day Review Period Underthe National Marine Sanctuaries Act

NOAA published the final Sanctuaryregulations on January 30, 1997, (62 FR4578) to implement the managementplan and govern the conduct of

activities within the Sanctuary. Underthe NMSA, Congress and the Governorhad forty-five days of continuoussession of Congress beginning on theday on which the final regulations werepublished to review the terms ofdesignation (i.e., management plan andregulations). After forty-five days, theregulations would become final and takeeffect, except that any term or terms theGovernor certified within the forty-fiveday period to the Secretary ofCommerce as unacceptable would nottake effect in the area of the Sanctuarylying within the seaward boundary ofthe State. Congress could also act on theterms of designation. The followingdiscusses the Governor and Congress’actions during the forty-five day periodand corresponding modifications to thefinal regulations made by NOAA inresponse to those actions.

Certification by the Governor of Florida

On March 20, 1997, during the forty-five day review period under theNMSA, the Governor of the State ofFlorida certified by letter to theSecretary of Commerce thatimplementation of the management planand certain regulations wereunacceptable in State waters. However,the management plan and regulationscertified as unacceptable would beacceptable if NOAA amended theregulations and the Co-TrusteesAgreement for Cooperative Management(Co-Trustees Agreement), contained inthe management plan, as requested inthe Governor’s certification letter.NOAA has amended the regulations andthe Co-Trustees Agreement toincorporate the modifications requestedby the Governor in his letter. By doingso, the regulations and managementplan, as modified, are accepted by theGovernor and, therefore, will applywithin State waters of the Sanctuaryupon the effective date of theseregulations.

The following is the text of the March20, 1997, letter from the Governor ofFlorida to the Secretary of Commerce.Per the Governor’s request, the letter isfollowed by the text of the Resolutionpassed by the Board of Trustees of theInternal Improvement Trust Fund of theState of Florida (Board of Trustees). TheResolution was adopted on January 28,1997, and provides the basis for manyof the items in the Governor’scertification.

32155Federal Register / Vol. 62, No. 113 / Thursday, June 12, 1997 / Rules and Regulations

Lawton Chiles

Governor

State of Florida

Office of the Governor

The Capitol

Tallahassee, Florida 32399–0001

March 20, 1997.Honorable William M. Daley, Secretary,

United States Department of Commerce,Herbert C. Hoover Building, 14 Streetand Constitution Avenue Northwest,Washington, DC 20230.

Dear Mr. Secretary:On January 28, 1997, the Florida Cabinet

and I, sitting as the Board of Trustees of theInternal Improvement Trust Fund, adopted aresolution to include state sovereignsubmerged lands within the boundary of theFlorida Keys National Marine Sanctuary(FKNMS). It is our intention to create apartnership with the National Oceanic andAtmospheric Administration (NOAA) formanagement under the provisions of theFKNMS Management Plan and theMemoranda of Agreement included in themanagement plan, with certain conditions tobe applied to the portions of the sanctuarywithin Florida Territorial Waters. A copy ofthe resolution is enclosed. We request thatthe resolution be placed in the preamble tothe final notice for the FKNMS regulations.

In accordance with subsection 304(b)(1) ofthe National Marine Sanctuaries Act and thatresolution, the following terms are certifiedas unacceptable in state waters:

1. Sanctuary fees for allowed public usesunless first approved by the Board ofTrustees of the Internal Improvement TrustFund of the State of Florida.

2. Sanctuary emergency regulations unlessand until first approved by the Governor.Accordingly, the following sentence shall beadded to section 922.165 CFR as publishedJanuary 30, 1997: ‘‘Emergency regulationsshall not take effect in Florida territorialwaters until approved by the Governor of theState of Florida.’’

3. Requirements for governmental entitieswithin the state, including but not limited tothe State of Florida and Monroe County, toprovide funding for the implementation ofsanctuary regulations or other actions.

4. Sanctuary fisheries regulations unlessestablished by the Florida Marine FisheriesCommission following promulgation underthe provisions of section 370.025(2), F.S.(1995), which requires public input and finalapproval by the Board of Trustees of theInternal Improvement Trust Fund of the Stateof Florida. Accordingly, the followingsentence shall be added to section 922.42CFR as published January 30, 1997: ‘‘Anyfishery regulations in the Florida KeysNational Marine Sanctuary shall not takeeffect in Florida Territorial Waters untilestablished by the Florida Marine FisheriesCommission.’’

5. Sanctuary regulation of discharging ordepositing, from beyond the boundary of theSanctuary, any material or other matter thatsubsequently enters the Sanctuary andinjures a Sanctuary resource or quality, if thedischarging or depositing is authorized under

Monroe County land use permits or understate permits. Accordingly, 15 CFR section922.163(a)(4)(ii), concerning prohibitedactivities, shall be amended to read asfollows: ‘‘Discharging or depositing, frombeyond the boundary of the Sanctuary, anymaterial or other matter that subsequentlyenters the Sanctuary and injures a Sanctuaryresource or quality, except those listed inparagraph (a)(4)(I) (A) through (D) of thissection and those authorized under MonroeCounty land use permits or under statepermits.’’

6. The implementation of any additionalecological reserves or any other type ofzoning or regulation unless first approved bythe Board of Trustees. Accordingly, thefollowing provision shall be added to 15 CFRsection 922.163 as published January 30,1997: ‘‘(h) Any amendment to theseregulations shall not take effect in FloridaTerritorial Waters until approved by theBoard of Trustees of the InternalImprovement Trust Fund of the State ofFlorida;’’ and the following provision shallbe added to 15 CFR section 962.164: ‘‘(f)Additional wildlife management areas,ecological reserves, sanctuary preservationareas, or special use areas, and additionalrestrictions in such areas, shall not take effectin Florida Territorial Waters unless firstapproved by the Board of Trustees of theInternal Improvement Trust Fund of the Stateof Florida.’’

7. Implementation of the management planin its entirety unless the Co-Trusteesagreement is amended to provide as follows:

a. The Florida Department ofEnvironmental Protection (FDEP) employeewho has been designated by the Secretary ofFDEP and confirmed by the Board of Trusteesshall represent the Board of Trustees as anequal partner to work in consultation withthe Sanctuary superintendent for theoversight of Sanctuary operations.

b. The FDEP and NOAA shall manage theFKNMS through a cooperative partnershipand consult on all management activitiesthroughout the Sanctuary. The intent of thispartnership is that the final resolution of anymanagement issues resulting in policyconflicts between the state and NOAA shallbe decided by the managing partnersconsistent with state and federal laws.

c. The state reserves the right to initiateproposed changes to the plan, and NOAA, ifnecessary, shall initiate the federal rulepromulgation process required to makerevisions to sanctuary regulations requestedby the Board of Trustees.

d. Section 304(e) of the National MarineSanctuary Act requires the Secretary ofCommerce to review the management planand regulations for the Sanctuary every fiveyears, evaluate the substantive progresstoward implementing the management planand goals for the Sanctuary; especially theeffectiveness of site-specific managementtechniques, and revise the management planand regulations as necessary to fulfill thepurposes and policies of the Act. When themanagement plan and regulations for theFKNMS are re-evaluated, the Secretary ofCommerce will re-propose the managementplan and regulations in their entirety and theState of Florida will have the opportunity to

review the management plan and regulations,in their entirety, and indicate if any or all ofthe terms are unacceptable, in which case theunacceptable terms shall not take effect instate waters.

Accordingly, the following provisions shallbe added to 15 CFR section 922.160: ‘‘Section304(e) of the NMSA requires the Secretary toreview management plans and regulationsevery five years, and make necessaryrevisions. Upon completion of the five yearreview of the Sanctuary management planand regulations, the Secretary will reproposethe regulations in their entirety with anyproposed changes thereto, including thoseregulations in subparts A and E of this partthat apply to the Sanctuary. The Governor ofthe State of Florida will have the opportunityto review the re-proposed regulations beforethey take effect and if the Governor certifiessuch regulations as unacceptable, they willnot take effect in State waters of theSanctuary.’’

We also call to your attention the nowerroneous reference in section922.166(b)(2)(iii) to the Submerged CulturalResources Agreement contained in Volume 1of the management plan. We suggest strikingthat reference. The final agreement is thatconsidered by the Board of Trustees onJanuary 28, 1997 and executed by thesignatory parties.

We believe that implementation of the planprovides balanced, common sense protectionof this fragile, unique and endangered marinetreasure and advances the state and federalcommitment to jointly manage theseresources. We look forward to thatcontinuing relationship.

With kind regards, I amSincerely,

Lawton Chiles

LC/khw/mlp

Enclosure

cc: Honorable Frank BroganHonorable Bob ButterworthHonorable Bob CrawfordHonorable Debbie HoranHonorable Bob MilliganHonorable Sandra MorthamHonorable Bill Nelson

Resolution

WHEREAS, the United States Congresspassed the Florida Keys National MarineSanctuary and Protection Act (PL 101–605,‘‘the Act’’) to protect the unique andinvaluable natural and cultural resources ofthe Florida Keys; and

WHEREAS, the President of the UnitedStates signed this legislation into law onNovember 16, 1990; and

WHEREAS, the Florida Keys NationalMarine Sanctuary (FKNMS) boundaryencompasses 2800 square nautical miles ofthe Atlantic Ocean, Gulf of Mexico, andFlorida Bay, of which approximately 65% isFlorida state territorial waters; and

WHEREAS, the Board of Trustees of theInternal Improvement Trust Fund (‘‘theBoard of Trustees’’) is vested with theauthority and charged with the responsibilityfor the acquisition, administration,management, control, supervision,conservation, protection, and disposition of


all state lands, including sovereigntysubmerged lands, as set forth in Chapter 253,Florida Statutes; and

WHEREAS, upon enactment of the Act, theBoard of Trustees resolved on December 16,1990, to include state waters within thesanctuary boundary under certain specifiedconditions; and

WHEREAS, the Florida Coastal ResourcesInteragency Management Committee resolvedin February of 1991 to include appropriatestate representation in the Florida KeysNational Marine Sanctuary Management Plandevelopment process; and

WHEREAS, an ‘‘Interim Memorandum ofAgreement’’ was executed on September 15,1992, between the National Oceanic andAtmospheric Administration (NOAA) andBoard of Trustees specifying the conditionsunder which state sovereign submerged landswere to be included in the Sanctuary andmanaged during the management plandevelopment process; and

WHEREAS, the management plandevelopment period was extended to sixyears to provide the maximum opportunityfor participation by all segments ofgovernment, industry, and the citizens ofFlorida and the United States; and

WHEREAS, Memoranda of Agreement tomanage the marine ecosystem of the FloridaKeys through a cooperative partnership havebeen developed and included in themanagement plan, including the:

(1) Interagency Compact Agreement(2) Co-Trustees Agreement for Cooperative

Management(3) Submerged Cultural Resources

Agreement(4) Cooperative Enforcement Agreement(5) Agreement for Coordination of Civil

Claims(6) Protocol for Cooperative Fisheries

Management(7) Protocol for Emergency Response

Notification(8) Certification/Authorization of Permits

Agreement(9) Water Quality Program Steering

Committee By-laws; andWHEREAS, the citizens and government of

the State of Florida have expressedcontinuing interest in issues not specificallyaddressed or resolved in the managementplan or memoranda of agreement relating tothe:

(1) Imposition of fees for public use of themarine resources;

(2) Disposition of funds recovered fromnatural resource damage claims;

(3) Imposition of emergency regulations onstate sovereign submerged lands;

(4) Obligation of governmental entities,including the State of Florida, to implementthe regulations of the management planwithout having been allocated additionalfunding for that specific purpose;

(5) Promulgation of federal fisheriesregulations that are more restrictive thanthose established by the Florida MarineFisheries Commission under Floridastatutory authority;

(6) Imposition of restrictions on the use ofadjacent uplands exceeding those establishedby the State of Florida;

(7) Purpose, goals and measures of successassociated with the Western SambosEcological Reserve;

(8) Parity of state and federal managementauthority for the implementation andongoing operations of the FKNMS;

(9) Prospects of designating additionalecological reserves in the future as proposedin the draft management plan;

(10) Periodic evaluation of theeffectiveness of the sanctuary managementplan in the protection and preservation of themarine resources of the Florida Keys;

(11) Resolution of differences between therespective government agencies withSanctuary management authority for theState of Florida and the United States ofAmerica;

(12) Right of the State to initiate changesto the plan;

(13) Article V of the DesignationDocument; and

(14) Right of the State to revisit the planand regulations in their entirety.

NOW, THEREFORE, BE IT RESOLVED thatthe sovereign submerged lands of the State ofFlorida located within the boundaries of theFlorida Keys National Marine Sanctuary, asspecified by the United States Congress in PL101–605, are hereby included in theSanctuary for management in partnershipbetween the Board of Trustees and NOAAunder the provisions of: the Florida KeysNational Marine Sanctuary ManagementPlan; the Memoranda of Agreement includedin the management plan; and, the followingconditions to be applied to the portions ofthe Sanctuary within Florida territorialwaters:

(1) Federal sanctuary fees for allowedpublic uses of the marine resources shall notbe imposed without having first beenapproved by the Board of Trustees;

(2) The Memorandum of Agreement for theCoordination of Civil Claims shall beamended to provide that, with regard toproceedings to recover compensation forinjury to state resources within theSanctuary, Board of Trustees’ approval on theuse of funds recovered by NOAA undersection 312 is required;

(3) The imposition of federal sanctuaryemergency regulations shall not beauthorized without the Governor’s approval;

(4) No provision of the management planwill require governmental entities within thestate, including but not limited to the Stateof Florida and Monroe County, to providefunding for the implementation ofregulations or other actions;

(5) The implementation of fisheriesregulations is unacceptable unlessestablished by the Florida Marine FisheriesCommission following promulgation underthe provisions of section 370.025(2), F.S.(1995), which requires public input and finalBoard of Trustees’ approval;

(6) The Certification/Authorization ofPermits Agreement shall be amended toprovide that NOAA will have only a reviewand comment role on state permits foractivities beyond the boundary of theSanctuary. To the maximum extent possiblethe state will consider NOAA’s comments asspecified in the agreement. However, NOAAshall not require an additional permit. In

addition, 15 CFR section 922.163(a)(4)(ii),concerning prohibited activities, shall beamended to read as follows: ‘‘Discharging ordepositing, from beyond the boundary of theSanctuary, any material or other matter thatsubsequently enters the Sanctuary andinjures a Sanctuary resource or quality,except those listed in paragraph (a)(4)(i) (A)through (D) above and those authorizedunder Monroe County land use permits orunder state permits.’’;

(7) The purpose of the Ecological Reservein the Western Sambos is to maintain anatural assemblage of living marine resourcesby setting aside an area that assures minimalhuman disturbance and is not designed toperform any fishery enhancement or fisherymanagement functions. Monitoring ofecological parameters will be performed toprovide information on the status of fish,coral and other benthic components of theReserve. At the end of five years the successof the Ecological Reserve in the WesternSambos will be assessed. If the state orNOAA finds the area is not fulfilling thepurpose for which the reserve wasestablished, the Board of Trustees may takeaction to initiate the removal of the site;

(8) The Secretary of the FDEP shalldesignate, with subsequent confirmation bythe Board of Trustees, a DEP employee as itsrepresentative as an equal partner to work inconsultation with the Sanctuarysuperintendent for the oversight of Sanctuaryoperations;

(9) The implementation of any additionalecological reserves, or any other type ofzoning or regulation, which is applicable tostate waters shall require advance Board ofTrustees’ approval;

(10) The FDEP, in cooperation with NOAA,shall submit to the Board of Trustees anannual status report of the Sanctuary, and afive-year evaluation of the overalleffectiveness of the implementation of theSanctuary management plan toward the goalof protecting the marine resources of theFlorida Keys including recommendations forchange;

(11) The FDEP and NOAA shall managethe FKNMS through a cooperativepartnership and consult on all managementactivities throughout the Sanctuary. Theintent of this partnership is that the finalresolution of any management issuesresulting in policy conflicts between the stateand NOAA shall be decided by the managingpartners consistent with state and federallaws. The Board of Trustees has notconveyed title to or relinquished authorityover any state-owned lands or other state-owned resources by agreeing to include state-owned land and resources within theSanctuary boundary. If necessary, NOAAshall initiate the federal rule promulgationprocess required to make Board of Trustees’requested revisions to the regulations of theFKNMS management plan;

(12) The state reserves the right to initiateproposed changes to the plan. The FDEP willmonitor public opinion and provide aprocess for consideration of grievances andpetitions for change;

(13) Article V of the Designation Documentshall be amended to strike the first paragraphwhich states: ‘‘If any valid regulation issued


by any Federal, State or local authority ofcompetent jurisdiction, regardless of whenissued, conflicts with a Sanctuary regulationthe regulation deemed by the Director, Officeof Ocean and Coastal Resource Management,National Oceanic and AtmosphericAdministration, or his or her designee to bemore protective of Sanctuary resources andqualities shall govern.’’ Further, it shall beamended to strike the last sentence of thesecond paragraph which states: ‘‘However,the Secretary of Commerce or designee mayregulate the exercise (including, but notlimited to, the imposition of terms andconditions) of such authorization or rightconsistent with the purposes for which theSanctuary is designated.’’; and

(14) The Co-Trustees Agreement forCooperative Management shall be amendedto add: Section 304(e) of the National MarineSanctuary Act requires the Secretary ofCommerce to review the management planand regulations for the Sanctuary every fiveyears, evaluate the substantive progresstoward implementing the management planand goals for the Sanctuary, especially theeffectiveness of site-specific managementtechniques, and revise the management planand regulations as necessary to fulfill thepurposes and policies of the Act. When themanagement plan and regulations for theFlorida Keys National Marine Sanctuary arere-evaluated, the Secretary will re-proposethe management plan and regulations in theirentirety. The State of Florida will have theopportunity to review the management planand regulations, in their entirety, andindicate if any or all of its terms areunacceptable in which case the unacceptableterms shall not take effect in state waters.

IN TESTIMONY WHEREOF, the Governorand Cabinet sitting as the Board of Trusteesof the Internal Improvement Trust Fund ofthe State of Florida have hereunto subscribedtheir names and have caused the Official Sealof the State of Florida to be hereunto affixedin the City of Tallahassee on the 28th day ofJanuary, 1997.Lawton Chiles,Governor.

Sandra B. Mortham,Secretary of State.

Bob Butterworth,Attorney General.

Robert F. Milligan,Comptroller.

Bill Nelson,Treasurer.

Bob Crawford,Commissioner of Agriculture.

Frank T. Brogan,Commissioner of Education.

NOAA’s Response to Governor’sCertification

In response to the Governor’scertification of March 20, 1997, NOAAhas amended those regulations certifiedby the Governor as being unacceptablein State waters. With the modifications,the entire regulations and management

plan are accepted by the Governor andwill apply throughout the Sanctuary,including within State waters of theSanctuary, upon their effective date.The basis and purpose of the changes tothe regulations are as follows.

(1) Per item number 2 of theGovernor’s letter which certified asunacceptable in State waters emergencyregulations unless approved by theGovernor, § 922.165 of subpart P isamended by adding ‘‘Emergencyregulations shall not take effect inFlorida State waters until approved bythe Governor of the State of Florida.’’This is consistent with the managementplan which provides that any newregulation or substantive modificationto existing Sanctuary regulations willrequire the Governor’s approval in orderto take effect in State waters of theSanctuary.

(2) Per item number 4 of theGovernor’s letter which certified asunacceptable in State waters Sanctuaryfishing regulations unless established bythe Florida Marine FisheriesCommission pursuant to section370.025(2), F.S. (1995), § 922.163 ofsubpart P is amended by adding a newparagraph (h) to read in pertinent part‘‘Any fishery regulations in theSanctuary shall not take effect in FloridaState waters until established by theFlorida Marine Fisheries Commission.’’The Governor’s certification proposedincluding this language in § 922.42 ofpart 922, which is a programmaticsanctuary regulation applicable to allsanctuaries. NOAA determined that amore appropriate place for the languageis in the Sanctuary specific regulationsat a new § 922.163(h) of subpart P,which has been added in response toitem number 6 of the Governor’scertification.

Item number 4 of the Governor’scertification reflects actions alreadyinitiated by NOAA. In the January 30Federal Register notice publishing thefinal regulations and triggering the forty-five day review period under theNMSA, NOAA stated that § 922.164(d),which pertains to Ecological Reserves(Reserves) and Sanctuary PreservationAreas (SPAs), will not take effect inState waters before July 1, 1997, to allowthe State of Florida Marine FisheriesCommission (Commission) time tocomplete its rulemaking process relatedto the Western Sambos EcologicalReserve and those SanctuaryPreservation Areas located in Statewaters. The Commission’s rule wasadopted on May 13, 1997, and issubstantively similar to NOAA’s exceptin two instances. First, theCommission’s Rule 46–6.003(1)(B),pertaining to the issue of possession of

fishing gear, which essentially mirrors15 CFR § 922.164(d)(1)(iii) of NOAA’sregulations, does not contain the phrase‘‘no presumption of fishing activityshall be drawn’’ from possession of gear,because, according to the State, theCommission has no authority to addressthe issue of presumptions. Further, theCommission’s Rule 46–6.003(1)(a),pertaining to possession of marineorganisms within a Reserve or SPA,which mirrors 15 CFR § 922.164(d)(1)(ii)of NOAA’s regulations, adds theelement that to fall within the exceptionallowing possession of marineorganisms in such areas, a vessel mustbe in ‘‘continuous transit’’ through theReserve or SPA. NOAA’s regulation didnot require continuous transit.

In the January 30 Federal Registernotice, NOAA stated that if theCommission’s rule is not substantivelythe same as NOAA’s, then NOAA wouldmodify its regulations to conform withthe State’s, or would consult on whetherthe non-conforming portions of theSanctuary regulations should bewithdrawn from applying in Statewaters. NOAA consulted with the Stateand agreed that no changes arenecessary to 15 CFR § 922.164(d)(1)(iii).As regards § 922.164(d)(1)(ii), theGovernor requested that NOAA revise itto conform to the Commission’s Rule46–6.003(1)(a). In response to theGovernor’s request, and consistent withNOAA’s January 30 Federal Registernotice, therefore, NOAA has amended§ 922.164(d)(1)(ii) to read as follows:

(ii) Possessing, moving, harvesting,removing, taking, damaging, disturbing,breaking, cutting, spearing, or otherwiseinjuring any coral, marine invertebrate, fish,bottom formation, algae, seagrass or otherliving or dead organism, including shells, orattempting any of these activities. However,fish, invertebrates, and marine plants may bepossessed aboard a vessel in an EcologicalReserve or Sanctuary Preservation Area,provided such resources can be shown not tohave been harvested within, removed from,or taken within, the Ecological Reserve orSanctuary Preservation Area, as applicable,by being stowed in a cabin, locker, or similarstorage area prior to entering and duringtransit through such reserves or areas,provided further that in an EcologicalReserve or Sanctuary Preservation Arealocated in Florida State waters, such vesselis in continuous transit through theEcological Reserve or Sanctuary PreservationArea.

Therefore, § 922.164(d)(1)(ii), consistentwith the Commission’s rule, nowrequires vessels possessing fish,invertebrates, or marine plants that aretransiting through a Reserve or SPAlocated in State waters to be incontinuous transit through the Reserveor SPA. These areas are the Western


Sambos Ecological Reserve, and theCheeca Rocks, Eastern Dry Rocks, Hensand Chickens, Newfound Harbor Key,Rock Key, and Sand Key SanctuaryPreservation Areas.

The conforming change to§ 922.164(d)(1)(ii) is made to theregulation only as it applies to Reservesand SPAs located in State watersbecause under the National MarineSanctuaries Act, the Governor’s actionsduring the forty-five day review periodapply to the management plan andregulations as they pertain to the area ofthe Sanctuary lying within the seawardboundary of the State. Further, underthe sanctuary program regulations as 15CFR § 922.42, all activities may beconducted unless specificallyprohibited by a sanctuary’s regulations,‘‘subject to all prohibitions, regulations,restrictions, and conditions validlyimposed by any Federal, State, or localauthority of competent jurisdiction,including Federal and State fisherymanagement authorities.’’Consequently, as regards State waters ofthe Sanctuary, regardless of whetherNOAA amends § 922.164(d)(1)(ii), userswould be subject to the Stateprohibition requiring continuous transitthrough a Reserve or SPA in Statewaters if such vessel possesses fish,invertebrates or marine plants. Finally,under the amended Sanctuaryregulation, vessels possessing suchmarine organisms are not precludedfrom transiting the Reserve or SPA,which addresses the primary concernraised in the public comments NOAAreceived on the proposed regulation. Inaddition, during the State’s rulemakingproceeding, it received no commentsregarding the provision requiringcontinuous transit, supporting that thereappear to be no significant concernsover the provision.

For consistency throughout theSanctuary, NOAA will propose toamend the regulation as it pertains tothe Ecological Reserves and SanctuaryPreservation Areas in federal waters ina separate rulemaking.

(3) Per item number 5 of theGovernor’s letter which certified asunacceptable in State waters theprohibition of discharging or depositingfrom beyond the Sanctuary boundaryany material or other matter thatsubsequently enters the Sanctuary andinjures a Sanctuary resource or quality,§ 922.163(a)(4)(ii) of subpart P isamended by adding ‘‘or under statepermits’’ after ‘‘Monroe County land usepermits.’’ This modification broadensthe subject exception to includedischarge or deposit activitiesauthorized under State permits. Manyupland projects that could result in

discharges or deposits outside theSanctuary that end up in the Sanctuaryrequire Monroe County land usepermits, which were already exceptedfrom the Sanctuary prohibition.

(4) Per item number 6 of theGovernor’s letter which certifies asunacceptable in State waters theimplementation of any additionalEcological Reserves or any other type ofzoning or regulation unless firstapproved by the Board of Trustees,§ 922.163 of subpart P is amended byadding new paragraph (h) to read ‘‘Anyamendment to these regulations shallnot take effect in Florida State watersuntil approved by the Board of Trusteesof the Internal Improvement Trust Fundof the State of Florida.’’ Further,§ 922.164 is amended by adding a newparagraph (f) to read: ‘‘AdditionalWildlife Management Areas, EcologicalReserves, Sanctuary Preservation Areas,or Special-use Areas, and additionalrestrictions in such areas, shall not takeeffect in Florida State waters unless firstapproved by the Board of Trustees of theInternal Improvement Trust Fund of theState of Florida.’’ As discussed above,this modification merely codifies in theregulations what is contained in themanagement plan.

(5) Per item number 7 of theGovernor’s letter which certifies asunacceptable in State waters theimplementation of the management planunless the Co-Trustee Agreement and§ 922.160 is amended to add a provisionregarding the five year review of themanagement plan and regulations,§ 922.160 of subpart P is amended byadding:

Section 304(e) of the NMSA requires theSecretary to review management plans andregulations every five years, and makenecessary revisions. Upon completion of thefive year review of the Sanctuarymanagement plan and regulations, theSecretary will repropose the regulations intheir entirety with any proposed changesthereto, including those regulations insubparts A and E of this part that apply tothe Sanctuary. The Governor of the State ofFlorida will have the opportunity to reviewthe re-proposed regulations before they takeeffect and if the Governor certifies suchregulations as unacceptable, they will nottake effect in State waters of the Sanctuary.

A corresponding amendment, as wellas other amendments, have also beenmade to the Co-Trustees Agreement peritem 7 of the Governor’s letter. Themodification to the regulationessentially codifies the requirementunder the NMSA to conduct reviews ofsanctuary management plans andregulations every five years. In theFKNMS context, NOAA has determinedthat at the conclusion of the five year

review of the Sanctuary, it willrepropose the regulations for theGovernor’s review, similar to the forty-five day review period under the NMSAthat preceded this notice.

(6) The erroneous reference to theSubmerged Cultural ResourcesAgreement has been corrected byeliminating the reference to Volume I ofthe management plan.

For clarity, this notice publishes therevised Sanctuary specific regulations at15 CFR part 922, subpart P in theirentirety, which will replace subpart P aspublished in the January 30, 1997Federal Register notice. Consequently,subpart P as published in this noticeand all remaining regulations in theJanuary 30, 1997, notice shall becomeeffective on July 1, 1997.

Congressional Action on the FinalRegulations

During the comment period on thedraft management plan/environmentalimpact statement (DMP/EIS), theSanctuary Advisory Council (SAC) andother public commentors singled out theoperation of personal watercraft (PWC)in the Sanctuary as a matter of concern.In response to comments received onthe DMP/EIS, NOAA stated thefollowing in the FMP/EIS, and January30 Federal Register notice regarding theoperation of personal watercraft (PWC)in the Sanctuary:

NOAA has developed a multi-prongedapproach to address the public’s concernabout the use of personal watercraft. NOAAhas accepted the SAC’s recommendation toadd a new section to the final regulations(§ 922.163(a)(v)) which prohibits recklessoperation of all watercraft. Additionally,proposed § 922.163(a)(5)(iii) has beenmodified to prohibit operating a vessel atgreater than idle speed only/no wake (exceptin marked channels) in designated areaswithin 100 yards from residential shorelines,stationary vessels and navigational aidsmarking emerging or shallow reefs. NOAAhas also incorporated into its regulations theauthority to enforce all idle-speed only/nowake areas throughout the Sanctuary. NOAAwill use the existing county and State processfor designating these areas. NOAA acceptsthat the industry is seriously committed toself regulation and will develop successfuleducational efforts geared toward changinguser behavior. The final component ofNOAA’s approach is a modification of theSAC’s recommendation. NOAA will beginestablishing broad zones with restrictions onthe use of personal watercraft (consistentwith the SAC recommendation) in one yearonly if these initial efforts are not successfulat significantly reducing or eliminating thenuisance and safety problems, as well as thethreats to the natural resources.

FMP/EIS Vol. III, page L–10; 62 FR4578, 4591.

During the forty-five day reviewperiod under the NMSA, no


Congressional hearings were held.However, NOAA received inquiriesfrom Representative Don Young, Chairof the House of RepresentativesCommittee on Resources, andRepresentative Walter B. Jones, Jr.regarding how NOAA was going tomeasure ‘‘success’’ of the PWCindustry’s educational efforts atsignificantly reducing or eliminatingthreats to natural resources and thenuisance and safety problems posed bythe operation of personal watercraft, andhow evaluation criteria will bedeveloped. There was also one meetingwith Congressional aides where concernwas expressed about the Sanctuaryregulating the safety of vessel operationsin general and PWC (e.g., jet skis) inparticular.

As indicated above, the FMP/EIScarefully considered the SACrecommendations and publiccomments, including those from thePWC industry in setting forth its multi-pronged approach to the PWC issue. Ingeneral, the success of any Sanctuaryaction plan or management strategy ismeasured primarily against whether theSanctuary resource protection goals arebeing met, and whether the multipleuses of the Sanctuary are beingfacilitated consistent with the primaryobjective of resource protection. TheFMP/EIS is the result of a long andlaborious public process to identify thethreats to Sanctuary resources andqualities, and then to developmanagement strategies and action plansto address these resource managementissues, including resource protectionand multiple use management, whichincludes addressing user conflicts.

The FMP/EIS sets forth an action planand strategies to address the concernsarising from the use of PWCs in regardsto protecting Sanctuary resources, andfacilitating compatible multiple use ofthe Sanctuary. The FMP/EIS thereforeprovides additional criteria for themeasurement of success. TheSTRATEGY FOR STEWARDSHIP(Overview or Executive Summary of theFKNMS MP/EIS—pages 9, 11–12, 19–20, 23) discusses these concerns, and aplan to address problems arising fromPWCs, as well as other vessels. NOAA’sdecision to modify the SAC’srecommendations on PWC regulationwas in part based on PWC industrystatements on how it should be given anopportunity to ‘‘self-regulate’’ PWCs,work with NOAA on education gearedtoward changing user behavior, andestablish criteria for the management ofcommercial PWC rental operations.

The problems regarding operation ofPWCs and the planned solutions areidentified and discussed throughout the

FMP/EIS and therefore provide criteriaagainst which success can be measured.See Volume I pp. 16–17 (noise andoperation harass wildlife as well asother users), pp. 108–109 (PWC strategyB–17 discussed under NOAARegulatory Actions); Vol. IIEnvironmental Impact Analysis, p. 124(user conflicts and habitat impacts), p.141 (alternative strategies); p. 151(strategy Z–5 Special Use Zones toaddress PWC problems), pp. 182, 203(PWC strategy B–17); Vol. III H–3, K–3,L–9, L–10, L–17, M–1, M–2, M–3, M–6,M–11, M–12, M–22, M–26, M–27, M–28. The public comments on this issuealso provide important input fordeveloping criteria to measure thesuccess for both the PWC industry andNOAA.

NOAA is already working with thePWC industry to develop broadmeasurable milestones by which theindustry will increase public awarenessand educate the public about the use ofPWCs in the Sanctuary. When these areachieved by the PWC industry, NOAAis confident that the proposed educationand self-regulation activities shouldaddress concerns that surfaced duringthe development of the finalmanagement plan. Such measuresinclude the industry conductingtraining workshops and schoolprograms, information distribution, andcommunity awareness. In addition, thePWC industry, NOAA and FloridaDepartment of Environmental Protectionwill also develop a two to five year workplan for the industry based on strategiesincluded in the Education and OutreachAction Plan contained in themanagement plan for the Sanctuary.Further, the PWC industry will conductresearch on the effects of PWC operationon shallow-water seagrass andhardbottom communities in the FloridaKeys. If the PWC industry adequatelyimplements these measures within thefirst year after the effective date of theseregulations, NOAA would view this asa significant effort to address theconcerns raised during the developmentof the final management plan. In theevent zones are subsequentlydetermined to be necessary, NOAAwould seek to discuss such measureswith the PWC industry early in theprocess. Further, at a minimum underthe Administrative Procedure Act, therewould have to be a public notice of aproposed rule as well as a publiccomment period. This would likelyinvolve public hearings before any rulewould become final. Moreover, the rulewould also have to be approved by theGovernor through the Board of Trustees

in order to become effective in Statewaters.

Other Modifications to the FinalRegulations

In the Federal Register notice ofJanuary 30, 1997, appendices II, IV andV of subpart P, which delineate theboundary coordinates of ExistingManagement Areas, Ecological Reserves,and Sanctuary Preservation Areas,respectively, stated that ‘‘Whendifferential Global Positioning Systems[GPS] data becomes available, thesecoordinates may be revised by FederalRegister notice to reflect the increasedaccuracy of such data.’’ Sincepublication of the final regulations onJanuary 30, NOAA has ground-truthed,using differential GPS, the WesternSambos Ecological Reserve, theSanctuary Preservation Areas, and thefour Special-use Areas (listed inappendix VI to subpart P).Consequently, NOAA has modified theregulations to incorporate the moreaccurate coordinates for those areas ithas ground-truthed using differentialGPS. When differential GPS databecome available for the ExistingManagement Areas, their coordinatesmay be revised by Federal Registernotice to reflect the increased accuracyof such data.

III. Summary of the Changes to theFinal Regulations at Subpart P

The following summarizes theSanctuary regulations at 15 CFR part922, subpart P, modified by this notice.Except as noted below, this sectionremains the same as in the January 30,1997, Federal Register notice. With thechanges, the final rule published onJanuary 30, 1997, at 62 FR 4578, and therevision of 15 CFR part 922, subpart P,in this document shall apply throughoutthe Sanctuary, including within Statewaters of the Sanctuary, on July 1, 1997.

Section 922.160 sets forth the purposeof the regulations—to implement thecomprehensive final management planfor the Sanctuary by regulating activitiesaffecting the Sanctuary in order toprotect, preserve, and manage theconservation, ecological, recreational,research, educational, historical andaesthetic resources and qualities of thearea. Section 922.160 also describes thefive-year review of the managementplan and regulations for the Sanctuary.

Section 922.163 prohibits a variety ofactivities within the Sanctuary and inlimited instances, outside theSanctuary, thus making it unlawful forany person to conduct them or causethem to be conducted.

The fourth activity prohibited,§ 922.163(a)(4), is the discharge or


deposit of materials or other matter.Exceptions are made for such things asfish baits in connection with and duringtraditional fishing, biodegradable vesseleffluents, graywater, and vessel exhaustand cooling water. Under§ 922.163(a)(4)(ii), upland discharge ordeposit activities conducted pursuant toMonroe County and State permits arealso excepted from the prohibitionagainst discharging or depositingoutside the Sanctuary any material orother matter that subsequently entersthe Sanctuary and injures any Sanctuaryresource.

Section 922.163(h) provides that anysubstantive (non-technical, non-editorial) amendment to the regulationswill not take effect in State waters untilapproved by the Florida Board ofTrustees. Fishing regulations will nottake effect in State waters untilestablished by the Florida MarineFisheries Commission.

Section 922.164 sets forth bySanctuary zone, restrictions andprohibitions above and beyond thoseapplicable on a Sanctuary-wide basis(most of the Sanctuary is not zoned and,therefore, only the Sanctuary-wideprohibitions of § 922.163 apply). The sixtypes of Sanctuary zones are: (1) Areasto be Avoided (ATBAs); (2) ExistingManagement Areas; (3) WildlifeManagement Areas; (4) EcologicalReserves; (5) Sanctuary PreservationAreas; and (6) Special-use Areas. Detailson the location of these zones arespecified in Appendices II, III, IV, V andVI to subpart P, respectively. The intentof the zoning regulations is to protectSanctuary resources, ecosystem andbiodiversity, and provide for effectivemanagement and facilitation ofmultiple, compatible uses, consistentwith the purposes of the Sanctuary.Activities located within two or moreoverlapping Sanctuary zones areconcurrently subject to the regulationsapplicable to each overlapping area.

Section 922.164(d)(1)(ii) prohibitspossessing, moving, harvesting,removing, taking, damaging, disturbing,breaking, cutting, spearing, or otherwiseinjuring any coral, marine invertebrate,fish, bottom formation, algae, seagrass orother living or dead organism, includingshells, or attempting any of theseactivities. However, fish, invertebrates,and marine plants may be possessedaboard a vessel in an Ecological Reserveor Sanctuary Preservation Area,provided such resources can be shownnot to have been harvested within,removed from, or taken within, theEcological Reserve or SanctuaryPreservation Area, as applicable, bybeing stowed in a cabin, locker, orsimilar storage area prior to entering and

during transit through such reserves orareas, provided further that in anEcological Reserve or SanctuaryPreservation Area located in FloridaState waters, such vessel is incontinuous transit through theEcological Reserve or SanctuaryPreservation Area.

Section 922.164(f) provides that anyadditional Wildlife Management Areas,Ecological Reserves, SanctuaryPreservation Areas, or Special-UseAreas, and additional restrictions insuch areas will not take effect in Statewaters unless first approved by theFlorida Board of Trustees.

Section 922.165 provides that wherenecessary to prevent or minimize thedestruction of, loss of, or injury to aSanctuary resource, or imminent risk ofsuch destruction of, loss of, or injury,any and all activities are subject toimmediate temporary regulation,including prohibition. Any suchtemporary regulation may be in effectfor up to 60 days with one 60-dayextension. Additional or extendedaction is subject to the provisions of theAdministrative Procedure Act. Noemergency regulation will take effect inState waters of the Sanctuary untilapproved by the Governor of Florida.

IV. Miscellaneous RulemakingRequirements

Except as noted below, this sectionremains the same as in the January 30,1997 Federal Register notice.

National Marine Sanctuaries ActSection 304 of the National Marine

Sanctuaries Act provides that Congressand the Governor have forty-five days ofcontinuous session of Congressbeginning on the day on which the finalregulations were published to reviewthe terms of designation (i.e.,regulations and management plan).After forty-five days, the regulationswould become final and take effect,except that any term or terms ofdesignation the Governor certified to theSecretary of Commerce as unacceptablewould not take effect in the State watersportion of the Sanctuary. The forty-fiveday review period began on January 30,1997, the date the final regulations werepublished in the Federal Register, andconcluded on April 16, 1997. Duringthat period the Governor submitted tothe Secretary a certification that themanagement plan and certainregulations were unacceptable unlessspecific amendments were made to suchregulations. NOAA amended thoseregulations certified as unacceptable byincorporating the Governor’s changes.Consequently, upon their effective datethe regulations, as revised by this

Federal Register notice, andmanagement plan, in their entirety, willapply throughout the Sanctuary,including within State waters of theSanctuary.

Administrative Procedure ActThe final Sanctuary regulations at 15

CFR part 922, subpart P, which werepromulgated on January 30, 1997,through notice and commentrulemaking, have been amendedpursuant to and consistent with theprocedures required under the NationalMarine Sanctuaries Act. The NMSAprovides that during the review periodof forty-five day continuous session ofCongress, the Governor may certify tothe Secretary of Commerce anyregulation as unacceptable and, if theGovernor so certifies, the regulationshall not take effect in the State watersportion of the Sanctuary. As the changesrequested by the Governor and hereinmade by NOAA are within the scope ofthe proposed rule, additional priornotice and opportunity for publiccomment are not required by theAdministrative Procedure Act (APA), 5U.S.C. 553. The basis and purpose of thechanges to the final regulationsrequested by the Governor have been setforth above.

The Assistant Administrator forOcean Services and Coastal ZoneManagement has determined that,pursuant to 5 U.S.C. 553(d)(3), there isgood cause for making the modificationsto the final regulations published in thisdocument effective without a thirty daydelay in effective date. The primarypurpose of the delayed effective date isto provide the public a reasonable timeto prepare to comply with theregulations. The modifications to thefinal regulations pertaining to theGovernor’s approval of new andemergency regulations, and the five yearreview of the management plan andregulations do not require complianceby the general public and, therefore, adelayed effective date is unnecessary.Further, the requirement that vesselspossessing fish, invertebrates or marineplants must be in continuous transitthrough SPAs and Reserves located inState waters is currently a requirementunder State regulations and, therefore, adelayed effective date is alsounnecessary as the general public mustalready comply with that correspondingrestriction. Finally, the modification tothe exception to the prohibition againstdischarging and depositing outside theSanctuary any material or other matterthat subsequently enters and injures aSanctuary resource broadens theexception to include activitiesauthorized by State permit and,


therefore, relieves a restriction,specifically excepted from a delay ineffective date under 5 U.S.C. 553(d)(1).Consequently, the final rule publishedon January 30, 1997, at 62 FR 4578 andthe revision of 15 CFR part 922, subpartP in this document are effective July 1,1997.

Regulatory Flexibility ActThe January 30, 1997 Federal Register

notice stated:Because the Assistant General Counsel for

Legislation and Regulation of the Departmentof Commerce certified to the Chief Counselfor Advocacy of the Small BusinessAdministration that the proposedregulations, if adopted, would not have asignificant economic impact on a substantialnumber of small entities, an InitialRegulatory Flexibility Analysis (IRFA) wasnot prepared. Nevertheless, because the finalregulations will affect a substantial numberof small entities, although not in aneconomically significant way, andparticularly because some representatives ofthe small entity fishing industry criticizedthe DEIS socioeconomic assessment of thezoning scheme, a Final Regulatory FlexibilityAnalysis (FRFA) was prepared that fullycomplies with the requirements of RegulatoryFlexibility Act.

The changes made in response to theGovernor’s request do not change thebasis for that certification. In responseto the FRFA, the Office of the ChiefCounsel for Advocacy of the SmallBusiness Administration (SBA) receivedseveral comments critical of certainportions of the FRFA, specifically asregards the treatment of submergedcultural resources and the impacts totreasure salvors. Comments were alsoreceived from the Florida Keys MarineLife Association raising concerns thatthe impacts to their industry have notbeen properly qualified in the economicimpact analysis. Because of the timeprovided by the forty-five day reviewperiod under the National MarineSanctuaries Act, NOAA issupplementing the FRFA to address thecomments received by the SBA. Thefinal supplemental FRFA will becompleted prior to the effective date ofthese regulations. Upon its completion,NOAA will publish a Federal Registernotice summarizing the supplementalFRFA and announcing its availability,and, if appropriate, making any changesto the regulations NOAA determines arenecessary as a result of thesupplemental FRFA.

List of Subjects in 15 CFR Parts 922,929, and 937

Administrative practice andprocedure, Coastal zone, Education,Environmental protection, Marineresources, Natural resources, Penalties,

Recreation and recreation areas,Reporting and recordkeepingrequirements, Research.

Dated: June 5, 1997.Nancy Foster,Assistant Administrator for Ocean Servicesand Coastal Zone Management.

Accordingly, for the reasons set forthabove, 15 CFR part 922 is amended asfollows:

PART 922—NATIONAL MARINESANCTUARY PROGRAMREGULATIONS

1. The authority citation for part 922continues to read as follows:

Authority: 16 U.S.C. 1431 et seq.

2. Part 922 is amended by revisingsubpart P to read as follows:

Subpart P—Florida Keys NationalMarine Sanctuary

Sec.922.160 Purpose.922.161 Boundary.922.162 Definitions.922.163 Prohibited activities—Sanctuary-

wide.922.164 Additional activity regulations by

Sanctuary area.922.165 Emergency regulations.922.166 Permits—application procedures

and issuance criteria.922.167 Certification of preexisting leases,

licenses, permits, approvals, otherauthorizations, or rights to conduct aprohibited activity.

Appendix I to Subpart P of Part 922—FloridaKeys National Marine SanctuaryBoundary Coordinates

Appendix II to Subpart P of Part 922—Existing Management Areas BoundaryCoordinates

Appendix III to Subpart P of Part 922—Wildlife Management Areas AccessRestrictions

Appendix IV to Subpart P of Part 922—Ecological Reserves BoundaryCoordinates

Appendix V to Subpart P of Part 922—Sanctuary Preservation Areas BoundaryCoordinates

Appendix VI to Subpart P of Part 922—Special-use Areas Boundary Coordinatesand Use Designations

Appendix VII to Subpart P of Part 922—Areas To Be Avoided BoundaryCoordinates

Appendix VIII to Subpart P of Part 922—Marine Life Rule [As Excerpted FromChapter 46–42 of the FloridaAdministrative Code]

Subpart P—Florida Keys NationalMarine Sanctuary

§ 922.160 Purpose.(a) The purpose of the regulations in

this subpart is to implement thecomprehensive management plan forthe Florida Keys National Marine

Sanctuary by regulating activitiesaffecting the resources of the Sanctuaryor any of the qualities, values, orpurposes for which the Sanctuary isdesignated, in order to protect, preserveand manage the conservation,ecological, recreational, research,educational, historical, and aestheticresources and qualities of the area. Inparticular, the regulations in this partare intended to protect, restore, andenhance the living resources of theSanctuary, to contribute to themaintenance of natural assemblages ofliving resources for future generations,to provide places for species dependenton such living resources to survive andpropagate, to facilitate to the extentcompatible with the primary objectiveof resource protection all public andprivate uses of the resources of theSanctuary not prohibited pursuant toother authorities, to reduce conflictsbetween such compatible uses, and toachieve the other policies and purposesof the Florida Keys National MarineSanctuary and Protection Act and theNational Marine Sanctuaries Act.

(b) Section 304(e) of the NMSArequires the Secretary to reviewmanagement plans and regulationsevery five years, and make necessaryrevisions. Upon completion of the fiveyear review of the Sanctuarymanagement plan and regulations, theSecretary will repropose the regulationsin their entirety with any proposedchanges thereto, including thoseregulations in subparts A and E of thispart that apply to the Sanctuary. TheGovernor of the State of Florida willhave the opportunity to review the re-proposed regulations before they takeeffect and if the Governor certifies suchregulations as unacceptable, they willnot take effect in State waters of theSanctuary.


The Sanctuary consists of allsubmerged lands and waters from themean high water mark to the boundarydescribed in Appendix I to this subpart,with the exception of areas within theDry Tortugas National Park. Appendix Ito this subpart sets forth the preciseSanctuary boundary established by theFlorida Keys National Marine Sanctuaryand Protection Act. (See FKNMSPA§ 5(b)(2)).

§ 922.162 Definitions.

(a) The following definitions apply tothe Florida Keys National MarineSanctuary regulations. To the extent thata definition appears in § 922.3 and thissection, the definition in this sectiongoverns.


Acts means the Florida Keys NationalMarine Sanctuary and Protection Act, asamended, (FKNMSPA) (Pub. L. 101–605), and the National MarineSanctuaries Act (NMSA), also known asTitle III of the Marine Protection,Research, and Sanctuaries Act, asamended, (MPRSA) (16 U.S.C. 1431 etseq.).

Adverse effect means any factor, force,or action that independently orcumulatively damages, diminishes,degrades, impairs, destroys, orotherwise harms any Sanctuaryresource, as defined in section 302(8) ofthe NMSA (16 U.S.C. 1432(8)) and inthis section, or any of the qualities,values, or purposes for which theSanctuary is designated.

Airboat means a vessel operated bymeans of a motor driven propeller thatpushes air for momentum.

Areas To Be Avoided means the areasin which vessel operations areprohibited pursuant to section 6(a)(1) ofthe FKNMSPA (see § 922.164(a)).Appendix VII to this subpart sets forththe geographic coordinates of theseareas, including any modificationsthereto made in accordance with section6(a)(3) of the FKNMSPA.

Closed means all entry or use isprohibited.

Coral means the corals of the ClassHydrozoa (stinging and hydrocorals);the Class Anthozoa, SubclassHexacorallia, Order Scleractinia (stonycorals) and Antipatharia (black corals).

Coral area means marine habitatwhere coral growth abounds includingpatch reefs, outer bank reefs, deepwaterbanks, and hardbottoms.

Coral reefs means the hard bottoms,deep-water banks, patch reefs, and outerbank reefs.

Ecological Reserve means an area ofthe Sanctuary consisting of contiguous,diverse habitats, within which uses aresubject to conditions, restrictions andprohibitions, including accessrestrictions, intended to minimizehuman influences, to provide naturalspawning, nursery, and permanentresidence areas for the replenishmentand genetic protection of marine life,and also to protect and preserve naturalassemblages of habitats and specieswithin areas representing a broaddiversity of resources and habitatsfound within the Sanctuary. AppendixIV to this subpart sets forth thegeographic coordinates of these areas.

Existing Management Area means anarea of the Sanctuary that is within oris a resource management areaestablished by NOAA or by anotherFederal authority of competentjurisdiction as of the effective date ofthese regulations where protections

above and beyond those provided bySanctuary-wide prohibitions andrestrictions are needed to adequatelyprotect resources. Appendix II to thissubpart sets forth the geographiccoordinates of these areas.

Exotic species means a species ofplant, invertebrate, fish, amphibian,reptile or mammal whose naturalzoogeographic range would not haveincluded the waters of the AtlanticOcean, Caribbean, or Gulf of Mexicowithout passive or active introductionto such area through anthropogenicmeans.

Fish means finfish, mollusks,crustaceans, and all forms of marineanimal and plant life other than marinemammals and birds.

Fishing means:(1) The catching, taking, or harvesting

of fish; the attempted catching, taking,or harvesting of fish; any other activitywhich can reasonably be expected toresult in the catching, taking, orharvesting of fish; or any operation atsea in support of, or in preparation for,any activity described in thissubparagraph (1).

(2) Such term does not include anyscientific research activity which isconducted by a scientific researchvessel.

Hardbottom means a submergedmarine community comprised oforganisms attached to exposed solidrock substrate. Hardbottom is thesubstrate to which corals may attach butdoes not include the corals themselves.

Idle speed only/no-wake means aspeed at which a boat is operated thatis no greater than 4 knots or does notproduce a wake.

Idle speed only/no-wake zone meansa portion of the Sanctuary where thespeed at which a boat is operated maybe no greater than 4 knots or may notproduce a wake.

Live rock means any living marineorganism or an assemblage thereofattached to a hard substrate, includingdead coral or rock but not individualmollusk shells (e.g., scallops, clams,oysters). Living marine organismsassociated with hard bottoms, banks,reefs, and live rock may include, but arenot limited to: sea anemones (PhylumCnidaria: Class Anthozoa: OrderActinaria); sponges (Phylum Porifera);tube worms (Phylum Annelida),including fan worms, feather dusterworms, and Christmas tree worms;bryozoans (Phylum Bryzoa); sea squirts(Phylum Chordata); and marine algae,including Mermaid’s fan and cups(Udotea spp.), corraline algae, greenfeather, green grape algae (Caulerpaspp.) and watercress (Halimeda spp.).

Marine life species means any speciesof fish, invertebrate, or plant includedin sections (2), (3), or (4) of Rule 46–42.001, Florida Administrative Code,reprinted in Appendix VIII to thissubpart.

Military activity means an activityconducted by the Department of Defensewith or without participation by foreignforces, other than civil engineering andother civil works projects conducted bythe U.S. Army Corps of Engineers.

No-access buffer zone means aportion of the Sanctuary where vesselsare prohibited from entering regardlessof the method of propulsion.

No motor zone means an area of theSanctuary where the use of internalcombustion motors is prohibited. Avessel with an internal combustionmotor may access a no motor zone onlythrough the use of a push pole, paddle,sail, electric motor or similar means ofoperation but is prohibited from usingit’s internal combustion motor.

Not available for immediate usemeans not readily accessible forimmediate use, e.g., by being stowedunbaited in a cabin, locker, rod holder,or similar storage area, or by beingsecurely covered and lashed to a deckor bulkhead.

Officially marked channel means achannel marked by Federal, State ofFlorida, or Monroe County officials ofcompetent jurisdiction withnavigational aids except for channelsmarked idle speed only/no wake.

Personal watercraft means any jet orair-powered watercraft operated bystanding, sitting, or kneeling on orbehind the vessel, in contrast to aconventional boat, where the operatorstands or sits inside the vessel, and thatuses an inboard engine to power a waterjet pump for propulsion, instead of apropeller as in a conventional boat.

Prop dredging means the use of avessel’s propulsion wash to dredge orotherwise alter the seabed of theSanctuary. Prop dredging includes, butis not limited to, the use of propulsionwash deflectors or similar means ofdredging or otherwise altering theseabed of the Sanctuary. Prop dredgingdoes not include the disturbance tobottom sediments resulting from normalvessel propulsion.

Prop scarring means the injury toseagrasses or other immobile organismsattached to the seabed of the Sanctuarycaused by operation of a vessel in amanner that allows its propeller or otherrunning gear, or any part thereof, tocause such injury (e.g., cutting seagrassrhizomes). Prop scarring does notinclude minor disturbances to bottomsediments or seagrass blades resultingfrom normal vessel propulsion.


Residential shoreline means any man-made or natural:

(1) Shoreline,(2) Canal mouth,(3) Basin, or(4) Cove adjacent to any residential

land use district, including improvedsubdivision, suburban residential orsuburban residential limited, sparselysettled, urban residential, and urbanresidential mobile home under theMonroe County land developmentregulations.

Sanctuary means the Florida KeysNational Marine Sanctuary.

Sanctuary Preservation Area meansan area of the Sanctuary thatencompasses a discrete, biologicallyimportant area, within which uses aresubject to conditions, restrictions andprohibitions, including accessrestrictions, to avoid concentrations ofuses that could result in significantdeclines in species populations orhabitat, to reduce conflicts betweenuses, to protect areas that are critical forsustaining important marine species orhabitats, or to provide opportunities forscientific research. Appendix V to thissubpart sets forth the geographiccoordinates of these areas.

Sanctuary wildlife means any speciesof fauna, including avifauna, thatoccupy or utilize the submergedresources of the Sanctuary as nurseryareas, feeding grounds, nesting sites,shelter, or other habitat during anyportion of their life cycles.

Seagrass means any species of marineangiosperms (flowering plants) thatinhabit portions of the seabed in theSanctuary. Those species include, butare not limited to: Thalassia testudinum(turtle grass); Syringodium filiforme(manatee grass); Halodule wrightii(shoal grass); Halophila decipiens, H.engelmannii, H. johnsonii; and Ruppiamaritima.

Special-use Area means an area of theSanctuary set aside for scientificresearch and educational purposes,recovery or restoration of Sanctuaryresources, monitoring, to prevent use oruser conflicts, to facilitate access anduse, or to promote public use andunderstanding of Sanctuary resources.Appendix VI to this subpart sets forththe geographic coordinates of theseareas.

Tank vessel means any vessel that isconstructed or adapted to carry, or thatcarries, oil or hazardous material in bulkas cargo or cargo residue, and that—

(1) Is a United States flag vessel;(2) Operates on the navigable waters

of the United States; or(3) Transfers oil or hazardous material

in a port or place subject to the

jurisdiction of the United States [46U.S.C. 2101].

Traditional fishing means thosecommercial or recreational fishingactivities that were customarilyconducted within the Sanctuary prior toits designation as identified in theEnvironmental Impact Statement andManagement Plan for this Sanctuary.

Tropical fish means any speciesincluded in section (2) of Rule 46–42.001, Florida Administrative Code,reproduced in Appendix VIII to thissubpart, or any part thereof.

Vessel means a watercraft of anydescription, including, but not limitedto, motorized and non-motorizedwatercraft, personal watercraft, airboats,and float planes while maneuvering onthe water, capable of being used as ameans of transportation in/on the watersof the Sanctuary. For purposes of thispart, the terms ‘‘vessel,’’ ‘‘watercraft,’’and ‘‘boat’’ have the same meaning.

Wildlife Management Area means anarea of the Sanctuary established for themanagement, protection, andpreservation of Sanctuary wildliferesources, including such an areaestablished for the protection andpreservation of endangered orthreatened species or their habitats,within which access is restricted tominimize disturbances to Sanctuarywildlife; to ensure protection andpreservation consistent with theSanctuary designation and otherapplicable law governing the protectionand preservation of wildlife resources inthe Sanctuary. Appendix III to thissubpart lists these areas and their accessrestrictions.

(b) Other terms appearing in theregulations in this part are defined at 15CFR 922.3, and/or in the MarineProtection, Research, and SanctuariesAct (MPRSA), as amended, 33 U.S.C.1401 et seq. and 16 U.S.C. 1431 et seq.

§ 922.163 Prohibited activities—Sanctuary-wide.

(a) Except as specified in paragraph(b) through (e) of this section, thefollowing activities are prohibited andthus are unlawful for any person toconduct or to cause to be conducted:

(1) Mineral and hydrocarbonexploration, development andproduction. Exploring for, developing,or producing minerals or hydrocarbonswithin the Sanctuary.

(2) Removal of, injury to, orpossession of coral or live rock. (i)Moving, removing, taking, harvesting,damaging, disturbing, breaking, cutting,or otherwise injuring, or possessing(regardless of where taken from) anyliving or dead coral, or coral formation,or attempting any of these activities,

except as permitted under 50 CFR part638.

(ii) Harvesting, or attempting toharvest, any live rock from theSanctuary, or possessing (regardless ofwhere taken from) any live rock withinthe Sanctuary, except as authorized bya permit for the possession or harvestfrom aquaculture operations in theExclusive Economic Zone, issued by theNational Marine Fisheries Servicepursuant to applicable regulationsunder the appropriate FisheryManagement Plan, or as authorized bythe applicable State authority ofcompetent jurisdiction within theSanctuary for live rock cultured on Statesubmerged lands leased from the Stateof Florida, pursuant to applicable Statelaw. See § 370.027, Florida Statutes andimplementing regulations.

(3) Alteration of, or construction on,the seabed. Drilling into, dredging, orotherwise altering the seabed of theSanctuary, or engaging in prop-dredging; or constructing, placing orabandoning any structure, material, orother matter on the seabed of theSanctuary, except as an incidental resultof:

(i) Anchoring vessels in a manner nototherwise prohibited by this part (see§§ 922.163(a)(5)(ii) and922.164(d)(1)(v));

(ii) Traditional fishing activities nototherwise prohibited by this part;

(iii) Installation and maintenance ofnavigational aids by, or pursuant tovalid authorization by, any Federal,State, or local authority of competentjurisdiction;

(iv) Harbor maintenance in areasnecessarily associated with Federalwater resource development projects inexistence on July 1, 1997, includingmaintenance dredging of entrancechannels and repair, replacement, orrehabilitation of breakwaters or jetties;

(v) Construction, repair, replacement,or rehabilitation of docks, seawalls,breakwaters, piers, or marinas with lessthan ten slips authorized by any validlease, permit, license, approval, or otherauthorization issued by any Federal,State, or local authority of competentjurisdiction.

(4) Discharge or deposit of materialsor other matter. (i) Discharging ordepositing, from within the boundary ofthe Sanctuary, any material or othermatter, except:

(A) Fish, fish parts, chummingmaterials, or bait used or producedincidental to and while conducting atraditional fishing activity in theSanctuary;

(B) Biodegradable effluent incidentalto vessel use and generated by a marinesanitation device approved in


accordance with section 312 of theFederal Water Pollution Control Act, asamended, (FWPCA), 33 U.S.C. 1322 etseq.;

(C) Water generated by routine vesseloperations (e.g., deck wash down andgraywater as defined in section 312 ofthe FWPCA), excluding oily wastes frombilge pumping; or

(D) Cooling water from vessels orengine exhaust;

(ii) Discharging or depositing, frombeyond the boundary of the Sanctuary,any material or other matter thatsubsequently enters the Sanctuary andinjures a Sanctuary resource or quality,except those listed in paragraph (a)(4)(i)(A) through (D) of this section and thoseauthorized under Monroe County landuse permits or under State permits.

(5) Operation of vessels. (i) Operatinga vessel in such a manner as to strikeor otherwise injure coral, seagrass, orany other immobile organism attachedto the seabed, including, but not limitedto, operating a vessel in such a manneras to cause prop-scarring.

(ii) Having a vessel anchored on livingcoral other than hardbottom in waterdepths less than 40 feet when visibilityis such that the seabed can be seen.

(iii) Except in officially markedchannels, operating a vessel at a speedgreater than 4 knots or in manner whichcreates a wake:

(A) Within an area designated idlespeed only/no wake;

(B) Within 100 yards of navigationalaids indicating emergent or shallowreefs (international diamond warningsymbol);

(C) Within 100 feet of the red andwhite ‘‘divers down’’ flag (or the blueand white ‘‘alpha’’ flag in Federalwaters);

(D) Within 100 yards of residentialshorelines; or

(E) Within 100 yards of stationaryvessels.

(iv) Operating a vessel in such amanner as to injure or take wading,roosting, or nesting birds or marinemammals.

(v) Operating a vessel in a mannerwhich endangers life, limb, marineresources, or property.

(6) Conduct of diving/snorkelingwithout flag. Diving or snorkelingwithout flying in a conspicuous mannerthe red and white ‘‘divers down’’ flag(or the blue and white ‘‘alpha’’ flag inFederal waters).

(7) Release of exotic species.Introducing or releasing an exoticspecies of plant, invertebrate, fish,amphibian, or mammals into theSanctuary.

(8) Damage or removal of markers.Marking, defacing, or damaging in any

way or displacing, removing, ortampering with any official signs,notices, or placards, whether temporaryor permanent, or with any navigationalaids, monuments, stakes, posts, mooringbuoys, boundary buoys, trap buoys, orscientific equipment.

(9) Movement of, removal of, injury to,or possession of Sanctuary historicalresources. Moving, removing, injuring,or possessing, or attempting to move,remove, injure, or possess, a Sanctuaryhistorical resource.

(10) Take or possession of protectedwildlife. Taking any marine mammal,sea turtle, or seabird in or above theSanctuary, except as authorized by theMarine Mammal Protection Act, asamended, (MMPA), 16 U.S.C. 1361 etseq., the Endangered Species Act, asamended, (ESA), 16 U.S.C. 1531 et seq.,and the Migratory Bird Treaty Act, asamended, (MBTA) 16 U.S.C. 703 et seq.

(11) Possession or use of explosives orelectrical charges. Possessing, or usingexplosives, except powerheads, orreleasing electrical charges within theSanctuary.

(12) Harvest or possession of marinelife species. Harvesting, possessing, orlanding any marine life species, or partthereof, within the Sanctuary, except inaccordance with rules 46–42.001through 46–42.003, 46–42.0035, and 46–42.004 through 46–42.007, and46.42.009 of the Florida AdministrativeCode, reproduced in Appendix VIII tothis subpart, and such rules shall applymutatis mutandis (with necessaryeditorial changes) to all Federal andState waters within the Sanctuary.

(13) Interference with lawenforcement. Interfering with,obstructing, delaying or preventing aninvestigation, search, seizure, ordisposition of seized property inconnection with enforcement of theActs or any regulation or permit issuedunder the Acts.

(b) Notwithstanding the prohibitionsin this section and in § 922.164, and anyaccess and use restrictions imposedpursuant thereto, a person may conductan activity specifically authorized by,and conducted in accordance with thescope, purpose, terms, and conditionsof, a National Marine Sanctuary permitissued pursuant to § 922.166.

(c) Notwithstanding the prohibitionsin this section and in § 922.164, and anyaccess and use restrictions imposedpursuant thereto, a person may conductan activity specifically authorized by avalid Federal, State, or local lease,permit, license, approval, or otherauthorization in existence on theeffective date of these regulations, or byany valid right of subsistence use oraccess in existence on the effective date

of these regulations, provided that theholder of such authorization or rightcomplies with § 922.167 and with anyterms and conditions on the exercise ofsuch authorization or right imposed bythe Director as a condition ofcertification as he or she deemsreasonably necessary to achieve thepurposes for which the Sanctuary wasdesignated.

(d) Notwithstanding the prohibitionsin this section and in § 922.164, and anyaccess and use restrictions imposedpursuant thereto, a person may conductan activity specifically authorized byany valid Federal, State, or local lease,permit, license, approval, or otherauthorization issued after the effectivedate of these regulations, provided thatthe applicant complies with § 922.168,the Director notifies the applicant andauthorizing agency that he or she doesnot object to issuance of theauthorization, and the applicantcomplies with any terms and conditionsthe Director deems reasonably necessaryto protect Sanctuary resources andqualities. Amendments, renewals andextensions of authorizations inexistence on the effective date of theseregulations constitute authorizationsissued after the effective date of theseregulations.

(e) (1) All military activities shall becarried out in a manner that avoids tothe maximum extent practical anyadverse impacts on Sanctuary resourcesand qualities. The prohibitions inparagraph (a) of this section and§ 922.164 do not apply to existingclasses of military activities which wereconducted prior to the effective date ofthese regulations, as identified in theEnvironmental Impact Statement andManagement Plan for the Sanctuary.New military activities in the Sanctuaryare allowed and may be exempted fromthe prohibitions in paragraph (a) of thissection and in § 922.164 by the Directorafter consultation between the Directorand the Department of Defense pursuantto section 304(d) of the NMSA. When amilitary activity is modified such that itis likely to destroy, cause the loss of, orinjure a Sanctuary resource or quality ina manner significantly greater than wasconsidered in a previous consultationunder section 304(d) of the NMSA, or itis likely to destroy, cause the loss of, orinjure a Sanctuary resource or qualitynot previously considered in a previousconsultation under section 304(d) of theNMSA, the activity is considered a newactivity for purposes of this paragraph.If it is determined that an activity maybe carried out, such activity shall becarried out in a manner that avoids tothe maximum extent practical any


adverse impact on Sanctuary resourcesand qualities.

(2) In the event of threatened or actualdestruction of, loss of, or injury to aSanctuary resource or quality resultingfrom an untoward incident, includingbut not limited to spills and groundingscaused by the Department of Defense,the cognizant component shall promptlycoordinate with the Director for thepurpose of taking appropriate actions toprevent, respond to or mitigate the harmand, if possible, restore or replace theSanctuary resource or quality.

(f) The prohibitions contained inparagraph (a)(5) of this section do notapply to Federal, State and local officerswhile performing enforcement dutiesand/or responding to emergencies thatthreaten life, property, or theenvironment in their official capacity.

(g) Notwithstanding paragraph (b) ofthis section and paragraph (a) of§ 922.168, in no event may the Directorissue a permit under § 922.166authorizing, or otherwise approve, theexploration for, leasing, development, orproduction of minerals or hydrocarbonswithin the Sanctuary, the disposal ofdredged material within the Sanctuaryother than in connection with beachrenourishment or Sanctuary restorationprojects, or the discharge of untreated orprimary treated sewage (except by acertification, pursuant to § 922.167, of avalid authorization in existence on theeffective date of these regulations), andany purported authorizations issued byother authorities after the effective dateof these regulations for any of theseactivities within the Sanctuary shall beinvalid.

(h) Any amendment to theseregulations shall not take effect inFlorida State waters until approved bythe Board of Trustees of the InternalImprovement Trust Fund of the State ofFlorida. Any fishery regulations in theSanctuary shall not take effect in FloridaState waters until established by theFlorida Marine Fisheries Commission.

§ 922.164 Additional activity regulationsby Sanctuary area.

In addition to the prohibitions setforth in § 922.163, which applythroughout the Sanctuary, the followingregulations apply with respect toactivities conducted within theSanctuary areas described in thissection and in Appendix (II) through(VII) to this subpart. Activities locatedwithin two or more overlappingSanctuary areas are concurrently subjectto the regulations applicable to eachoverlapping area.

(a) Areas To Be Avoided. Operating atank vessel or a vessel greater than 50meters in registered length is prohibited

in all areas to be avoided, except if suchvessel is a public vessel and itsoperation is essential for nationaldefense, law enforcement, or responsesto emergencies that threaten life,property, or the environment. AppendixVII to this subpart sets forth thegeographic coordinates of these areas.

(b) Existing Management Areas.—(1)Key Largo and Looe Key ManagementAreas. The following activities areprohibited within the Key Largo andLooe Key Management Areas (alsoknown as the Key Largo and Looe KeyNational Marine Sanctuaries) describedin Appendix II to this subpart:

(i) Removing, taking, damaging,harmfully disturbing, breaking, cutting,spearing or similarly injuring any coralor other marine invertebrate, or anyplant, soil, rock, or other material,except commercial taking of spinylobster and stone crab by trap andrecreational taking of spiny lobster byhand or by hand gear which isconsistent with these regulations andthe applicable regulations implementingthe applicable Fishery ManagementPlan.

(ii) Taking any tropical fish.(iii) Fishing with wire fish traps,

bottom trawls, dredges, fish sleds, orsimilar vessel-towed or anchoredbottom fishing gear or nets.

(iv) Fishing with, carrying orpossessing, except while passingthrough without interruption or for lawenforcement purposes: pole spears, airrifles, bows and arrows, slings,Hawaiian slings, rubber poweredarbaletes, pneumatic and spring-loadedguns or similar devices known asspearguns.

(2) Great White Heron and Key WestNational Wildlife Refuge ManagementAreas. Operating a personal watercraft,operating an airboat, or water skiingexcept within Township 66 South,Range 29 East, Sections 5, 11, 12 and 14;Township 66 South, Range 28 East,Section 2; Township 67 South, Range 26East, Sections 16 and 20, all TallahasseeMeridian, are prohibited within themarine portions of the Great WhiteHeron and Key West National WildlifeRefuge Management Areas described inAppendix II to this subpart.

(c) Wildlife Management Areas. (1)Marine portions of the WildlifeManagement Areas listed in AppendixIII to this subpart or portions thereofmay be designated ‘‘idle speed only/no-wake,’’ ‘‘no-motor’’ or ‘‘no-accessbuffer’’ zones or ‘‘closed’’. The Director,in cooperation with other Federal, State,or local resource managementauthorities, as appropriate, shall postsigns conspicuously, using mountingposts, buoys, or other means according

to location and purpose, at appropriateintervals and locations, clearlydelineating an area as an ‘‘idle speedonly/no wake’’, a ‘‘no-motor’’, or a ‘‘no-access buffer’’ zone or as ‘‘closed’’, andallowing instant, long-range recognitionby boaters. Such signs shall display theofficial logo of the Sanctuary.

(2) The following activities areprohibited within the marine portions ofthe Wildlife Management Areas listed inAppendix III to this subpart:

(i) In those marine portions of anyWildlife Management Area designatedan ‘‘idle speed only/no wake’’ zone inAppendix III to this subpart, operatinga vessel at a speed greater that idlespeed only/no wake.

(ii) In those marine portions of anyWildlife Management Area designated a‘‘no-motor’’ zone in Appendix III to thissubpart, using internal combustionmotors or engines for any purposes. Avessel with an internal combustionmotor or engine may access a ‘‘no-motor’’ zone only through the use of apush pole, paddle, sail, electric motor orsimilar means of propulsion.

(iii) In those marine portions of anyWildlife Management Area designated a‘‘no-access buffer’’ zone in Appendix IIIof this subpart, entering the area byvessel.

(iv) In those marine portions of anyWildlife Management Area designatedas closed in Appendix III of thissubpart, entering or using the area.

(3) The Director shall coordinate withother Federal, State, or local resourcemanagement authorities, as appropriate,in the establishment and enforcement ofaccess restrictions described inparagraph (c)(2) (i)–(iv) of this section inthe marine portions of WildlifeManagement Areas.

(4) The Director may modify thenumber and location of accessrestrictions described in paragraph (c)(2)(i)–(iv) of this section within the marineportions of a Wildlife Management Areaif the Director finds that such action isreasonably necessary to minimizedisturbances to Sanctuary wildlife, or toensure protection and preservation ofSanctuary wildlife consistent with thepurposes of the Sanctuary designationand other applicable law governing theprotection and preservation of wildliferesources in the Sanctuary. The Directorwill effect such modification by:

(i) Publishing in the Federal Register,after notice and an opportunity forpublic comments in accordance, anamendment to the list of such areas setforth in Appendix III to this subpart,and a notice regarding the time andplace where maps depicting the preciselocations of such restrictions will be


made available for public inspection,and

(ii) Posting official signs delineatingsuch restrictions in accordance withparagraph (c)(1) of this section.

(d) Ecological Reserves and SanctuaryPreservation Areas. (1) The followingactivities are prohibited within theEcological Reserves described inAppendix IV to this subpart, and withinthe Sanctuary Preservation Areas,described in Appendix V to thissubpart:

(i) Discharging or depositing anymaterial or other matter except coolingwater or engine exhaust.

(ii) Possessing, moving, harvesting,removing, taking, damaging, disturbing,breaking, cutting, spearing, or otherwiseinjuring any coral, marine invertebrate,fish, bottom formation, algae, seagrass orother living or dead organism, includingshells, or attempting any of theseactivities. However, fish, invertebrates,and marine plants may be possessedaboard a vessel in an Ecological Reserveor Sanctuary Preservation Area,provided such resources can be shownnot to have been harvested within,removed from, or taken within, theEcological Reserve or SanctuaryPreservation Area, as applicable, bybeing stowed in a cabin, locker, orsimilar storage area prior to entering andduring transit through such reserves orareas, provided further that in anEcological Reserve or SanctuaryPreservation Area located in FloridaState waters, such vessel is incontinuous transit through theEcological Reserve or SanctuaryPreservation Area.

(iii) Except for catch and releasefishing by trolling in the Conch Reef,Alligator Reef, Sombrero Reef, and SandKey SPAs, fishing by any means.However, gear capable of harvesting fishmay be aboard a vessel in an EcologicalReserve or Sanctuary Preservation Area,provided such gear is not available forimmediate use when entering andduring transit through such EcologicalReserve or Sanctuary Preservation Area,and no presumption of fishing activityshall be drawn therefrom.

(iv) Touching living or dead coral,including but not limited to, standingon a living or dead coral formation.

(v) Placing any anchor in a way thatallows the anchor or any portion of theanchor apparatus (including the anchor,chain or rope) to touch living or deadcoral, or any attached organism. Whenanchoring dive boats, the first diverdown must inspect the anchor to ensurethat it is not touching living or deadcoral, and will not shift in such a wayas to touch such coral or other attachedorganisms. No further diving shall take

place until the anchor is placed inaccordance with these requirements.

(vi) Anchoring instead of mooringwhen a mooring buoy is available oranchoring in other than a designatedanchoring area when such areas havebeen designated and are available.

(vii) Except for passage withoutinterruption through the area, for lawenforcement purposes, or for purposesof monitoring pursuant to paragraph(d)(2) of this section, violating atemporary access restriction imposed bythe Director pursuant to paragraph (d)(2)of this section.

(2) The Director may temporarilyrestrict access to any portion of anySanctuary Preservation Area orEcological Reserve if the Director, on thebasis of the best available data,information and studies, determinesthat a concentration of use appears to becausing or contributing to significantdegradation of the living resources ofthe area and that such action isreasonably necessary to allow forrecovery of the living resources of sucharea. The Director will provide forcontinuous monitoring of the areaduring the pendency of the restriction.The Director will provide public noticeof the restriction by publishing a noticein the Federal Register, and by suchother means as the Director may deemappropriate. The Director may onlyrestrict access to an area for a period of60 days, with one additional 60 dayrenewal. The Director may restrictaccess to an area for a longer periodpursuant to a notice and opportunity forpublic comment rulemaking under theAdministrative Procedure Act. Suchrestriction will be kept to the minimumamount of area necessary to achieve thepurposes thereof.

(e) Special-use Areas. (1) The Directormay set aside discrete areas of theSanctuary as Special-use Areas, and, bydesignation pursuant to this paragraph,impose the access and use restrictionsspecified in paragraph (e)(3) of thissection. Special-use Areas are describedin Appendix VI to this subpart, inaccordance with the followingdesignations and correspondingobjectives:

(i) ‘‘Recovery area’’ to provide for therecovery of Sanctuary resources fromdegradation or other injury attributableto human uses;

(ii) ‘‘Restoration area’’ to provide forrestoration of degraded or otherwiseinjured Sanctuary resources;

(iii) ‘‘Research-only area’’ to providefor scientific research or educationrelating to protection and management,through the issuance of a SanctuaryGeneral permit for research pursuant to§ 922.166 of these regulations; and

(iv) ‘‘Facilitated-use area’’ to providefor the prevention of use or userconflicts or the facilitation of access anduse, or to promote public use andunderstanding, of Sanctuary resourcesthrough the issuance of special-usepermits.

(2) A Special-use Area shall be nolarger than the size the Director deemsreasonably necessary to accomplish theapplicable objective.

(3) Persons conducting activitieswithin any Special-use Area shallcomply with the access and userestrictions specified in this paragraphand made applicable to such area bymeans of its designation as a ‘‘recoveryarea,’’ ‘‘restoration area,’’ ‘‘research-onlyarea,’’ or ‘‘facilitated-use area.’’ Exceptfor passage without interruptionthrough the area or for law enforcementpurposes, no person may enter aSpecial-use Area except to conduct orcause to be conducted the followingactivities:

(i) in such area designated as a‘‘recovery area’’ or a ‘‘restoration area’’,habitat manipulation related torestoration of degraded or otherwiseinjured Sanctuary resources, oractivities reasonably necessary tomonitor recovery of degraded orotherwise injured Sanctuary resources;

(ii) in such area designated as a‘‘research only area’’, scientific researchor educational use specificallyauthorized by and conducted inaccordance with the scope, purpose,terms and conditions of a valid NationalMarine Sanctuary General or HistoricalResources permit, or

(iii) in such area designated as a‘‘facilitated-use area’’, activitiesspecified by the Director or specificallyauthorized by and conducted inaccordance with the scope, purpose,terms, and conditions of a valid Special-use permit.

(4)(i) The Director may modify thenumber of, location of, or designationsapplicable to, Special-use Areas bypublishing in the Federal Register, afternotice and an opportunity for publiccomment in accordance with theAdministrative Procedure Act, anamendment to Appendix VI to thissubpart, except that, with respect tosuch areas designated as a ‘‘recoveryarea,’’ ‘‘restoration area,’’ or ‘‘researchonly area,’’ the Director may modify thenumber of, location of, or designationapplicable to, such areas by publishinga notice of such action in the FederalRegister if the Director determines thatimmediate action is reasonablynecessary to:

(A) Prevent significant injury toSanctuary resources where


circumstances create an imminent riskto such resources;

(B) Initiate restoration activity wherea delay in time would significantlyimpair the ability of such restorationactivity to succeed;

(C) Initiate research activity where anunforeseen natural event produces anopportunity for scientific research thatmay be lost if research is not initiatedimmediately.

(ii) If the Director determines that anotice of modification must bepromulgated immediately in accordancewith paragraph (e)(4)(i) of this section,the Director will, as part of the samenotice, invite public comment andspecify that comments will be receivedfor 15 days after the effective date of thenotice. As soon as practicable after theend of the comment period, the Directorwill either rescind, modify or allow themodification to remain unchangedthrough notice in the Federal Register.

(f) Additional Wildlife ManagementAreas, Ecological Reserves, SanctuaryPreservation Areas, or Special-useAreas, and additional restrictions insuch areas, shall not take effect inFlorida State waters unless firstapproved by the Board of Trustees of theInternal Improvement Trust Fund of theState of Florida.


Where necessary to prevent orminimize the destruction of, loss of, orinjury to a Sanctuary resource orquality, or minimize the imminent riskof such destruction, loss, or injury, anyand all activities are subject toimmediate temporary regulation,including prohibition. Emergencyregulations shall not take effect inFlorida territorial waters until approvedby the Governor of the State of Florida.Any temporary regulation may be ineffect for up to 60 days, with one 60-dayextension. Additional or extendedaction will require notice and commentrulemaking under the AdministrativeProcedure Act, notice in localnewspapers, notice to Mariners, andpress releases.

§ 922.166 Permits—applicationprocedures and issuance criteria.

(a) National Marine Sanctuary GeneralPermit.—(1) A person may conduct anactivity prohibited by §§ 922.163 or922.164, other than an activity involvingthe survey/inventory, research/recovery,or deaccession/transfer of Sanctuaryhistorical resources, if such activity isspecifically authorized by, and providedsuch activity is conducted inaccordance with the scope, purpose,terms and conditions of, a National

Marine Sanctuary General permit issuedunder this paragraph (a).

(2) The Director, at his or herdiscretion, may issue a General permitunder this paragraph (a), subject to suchterms and conditions as he or she deemsappropriate, if the Director finds that theactivity will:

(i) Further research or monitoringrelated to Sanctuary resources andqualities;

(ii) Further the educational value ofthe Sanctuary;

(iii) Further the natural or historicalresource value of the Sanctuary;

(iv) Further salvage or recoveryoperations in or near the Sanctuary inconnection with a recent air or marinecasualty;

(v) Assist in managing the Sanctuary;or

(vi) Otherwise further Sanctuarypurposes, including facilitating multipleuse of the Sanctuary, to the extentcompatible with the primary objectiveof resource protection.

(3) The Director shall not issue aGeneral permit under this paragraph (a),unless the Director also finds that:

(i) The applicant is professionallyqualified to conduct and complete theproposed activity;

(ii) The applicant has adequatefinancial resources available to conductand complete the proposed activity;

(iii) The duration of the proposedactivity is no longer than necessary toachieve its stated purpose;

(iv) The methods and proceduresproposed by the applicant areappropriate to achieve the proposedactivity’s goals in relation to theactivity’s impacts on Sanctuaryresources and qualities;

(v) The proposed activity will beconducted in a manner compatible withthe primary objective of protection ofSanctuary resources and qualities,considering the extent to which theconduct of the activity may diminish orenhance Sanctuary resources andqualities, any indirect, secondary orcumulative effects of the activity, andthe duration of such effects;

(vi) It is necessary to conduct theproposed activity within the Sanctuaryto achieve its purposes; and

(vii) The reasonably expected endvalue of the activity to the furtheranceof Sanctuary goals and purposesoutweighs any potential adverseimpacts on Sanctuary resources andqualities from the conduct of theactivity.

(4) For activities proposed to beconducted within any of the areasdescribed in § 922.164 (b)–(e), theDirector shall not issue a permit unlesshe or she further finds that such

activities will further and are consistentwith the purposes for which such areawas established, as described in§§ 922.162 and 922.164 and in themanagement plan for the Sanctuary.

(b) National Marine SanctuarySurvey/Inventory of HistoricalResources Permit. (1) A person mayconduct an activity prohibited by§§ 922.163 or 922.164 involving thesurvey/inventory of Sanctuary historicalresources if such activity is specificallyauthorized by, and is conducted inaccordance with the scope, purpose,terms and conditions of, a Survey/Inventory of Historical Resources permitissued under this paragraph (b). Suchpermit is not required if such survey/inventory activity does not involve anyactivity prohibited by §§ 922.163 or922.164. Thus, survey/inventoryactivities that are non-intrusive, do notinclude any excavation, removal, orrecovery of historical resources, and donot result in destruction of, loss of, orinjury to Sanctuary resources orqualities do not require a permit.However, if a survey/inventory activitywill involve test excavations or removalof artifacts or materials for evaluativepurposes, a Survey/Inventory ofHistorical Resources permit is required.Regardless of whether a Survey/Inventory permit is required, a personmay request such permit. Persons whohave demonstrated their professionalabilities under a Survey/Inventorypermit will be given preference overother persons in consideration of theissuance of a Research/Recovery permit.While a Survey/Inventory permit doesnot grant any rights with regards toareas subject to pre-existing rights ofaccess which are still valid, once apermit is issued for an area, othersurvey/inventory permits will not beissued for the same area during theperiod for which the permit is valid.

(2) The Director, at his or herdiscretion, may issue a Survey/Inventory permit under this paragraph(b), subject to such terms and conditionsas he or she deems appropriate, if theDirector finds that such activity:

(i) Satisfies the requirements for apermit issued under paragraph (a)(3) ofthis section;

(ii) Either will be non-intrusive, notinclude any excavation, removal, orrecovery of historical resources, and notresult in destruction of, loss of, or injuryto Sanctuary resources or qualities, or ifintrusive, will involve no more than theminimum manual alteration of theseabed and/or the removal of artifacts orother material necessary for evaluativepurposes and will cause no significantadverse impacts on Sanctuary resourcesor qualities; and


(iii) That such activity will beconducted in accordance with allrequirements of the ProgrammaticAgreement for the Management ofSubmerged Cultural Resources in theFlorida Keys National Marine Sanctuaryamong NOAA, the Advisory Council onHistoric Preservation, and the State ofFlorida (hereinafter SCR Agreement),and that such permit issuance is inaccordance with such SCR Agreement.Copies of the SCR Agreement may alsobe examined at, and obtained from, theSanctuaries and Reserves Division,Office of Ocean and Coastal ResourceManagement, National Ocean Service,National Oceanic and AtmosphericAdministration, 1305 East-WestHighway, 12th floor, Silver Spring, MD20910; or from the Florida KeysNational Marine Sanctuary Office, P.O.Box 500368, Marathon, FL 33050.

(c) National Marine SanctuaryResearch/Recovery of SanctuaryHistorical Resources Permit. (1) Aperson may conduct any activityprohibited by §§ 922.163 or 922.164involving the research/recovery ofSanctuary historical resources if suchactivity is specifically authorized by,and is conducted in accordance with thescope, purpose, terms and conditions of,a Research/Recovery of HistoricalResources permit issued under thisparagraph (c).

(2) The Director, at his or herdiscretion, may issue a Research/Recovery of Historical Resources permit,under this paragraph (c), and subject tosuch terms and conditions as he or shedeems appropriate, if the Director findsthat:

(i) Such activity satisfies therequirements for a permit issued underparagraph (a)(3) of this section;

(ii) The recovery of the resource is inthe public interest as described in theSCR Agreement;

(iii) Recovery of the resource is partof research to preserve historicinformation for public use; and

(iv) Recovery of the resource isnecessary or appropriate to protect theresource, preserve historicalinformation, and/or further the policiesand purposes of the NMSA and theFKNMSPA, and that such permitissuance is in accordance with, and thatthe activity will be conducted inaccordance with, all requirements of theSCR Agreement.

(d) National Marine SanctuarySpecial-use Permit. (1) A person mayconduct any commercial or concession-type activity prohibited by §§ 922.163 or922.164, if such activity is specificallyauthorized by, and is conducted inaccordance with the scope, purpose,terms and conditions of, a Special-use

permit issued under this paragraph (d).A Special-use permit is required for thedeaccession/transfer of Sanctuaryhistorical resources.

(2) The Director, at his or herdiscretion, may issue a Special-usepermit in accordance with thisparagraph (d), and subject to such termsand conditions as he or she deemsappropriate and the mandatory termsand conditions of section 310 of theNMSA, if the Director finds thatissuance of such permit is reasonablynecessary to: establish conditions ofaccess to and use of any Sanctuaryresource; or promote public use andunderstanding of any Sanctuaryresources. No permit may be issuedunless the activity is compatible withthe purposes for which the Sanctuarywas designated and can be conducted ina manner that does not destroy, causethe loss of, or injure any Sanctuaryresource, and if for the deaccession/transfer of Sanctuary HistoricalResources, unless such permit issuanceis in accordance with, and that theactivity will be conducted in accordancewith, all requirements of the SCRAgreement.

(3) The Director may assess andcollect fees for the conduct of anyactivity authorized by a Special-usepermit issued pursuant to thisparagraph (d). No Special-use permitshall be effective until all assessed feesare paid, unless otherwise provided bythe Director by a fee schedule set forthas a permit condition. In assessing a fee,the Director shall include:

(i) All costs incurred, or expected tobe incurred, in reviewing andprocessing the permit application,including, but not limited to, costs for:

(A) Number of personnel;(B) Personnel hours;(C) Equipment;(D) Biological assessments;(E) Copying; and(F) Overhead directly related to

reviewing and processing the permitapplication;

(ii) All costs incurred, or expected tobe incurred, as a direct result of theconduct of the activity for which theSpecial-use permit is being issued,including, but not limited to:

(A) The cost of monitoring theconduct both during the activity andafter the activity is completed in orderto assess the impacts to Sanctuaryresources and qualities;

(B) The use of an official NOAAobserver, including travel and expensesand personnel hours; and

(C) Overhead costs directly related tothe permitted activity; and

(iii) An amount which represents thefair market value of the use of the

Sanctuary resource and a reasonablereturn to the United States Government.

(4) Nothing in this paragraph (d) shallbe considered to require a person toobtain a permit under this paragraph forthe conduct of any fishing activitieswithin the Sanctuary.

(e) Applications. (1) Applications forpermits should be addressed to theDirector, Office of Ocean and CoastalResource Management; ATTN:Sanctuary Superintendent, Florida KeysNational Marine Sanctuary, P.O. Box500368, Marathon, FL 33050. Allapplications must include:

(i) A detailed description of theproposed activity including a timetablefor completion of the activity and theequipment, personnel and methodologyto be employed;

(ii) The qualifications and experienceof all personnel;

(iii) The financial resources availableto the applicant to conduct andcomplete the proposed activity;

(iv) A statement as to why it isnecessary to conduct the activity withinthe Sanctuary;

(v) The potential impacts of theactivity, if any, on Sanctuary resourcesand qualities;

(vi) The benefit to be derived from theactivity; and

(vii) Such other information as theDirector may request depending on thetype of activity. Copies of all otherrequired licenses, permits, approvals, orother authorizations must be attached tothe application.

(2) Upon receipt of an application, theDirector may request such additionalinformation from the applicant as he orshe deems reasonably necessary to acton the application and may seek theviews of any persons. The Director mayrequire a site visit as part of the permitevaluation. Unless otherwise specified,the information requested must bereceived by the Director within 30 daysof the postmark date of the request.Failure to provide such additionalinformation on a timely basis may bedeemed by the Director to constituteabandonment or withdrawal of thepermit application.

(f) A permit may be issued for aperiod not exceeding five years. Allpermits will be reviewed annually todetermine the permittee’s compliancewith permit scope, purpose, terms andconditions and progress towardreaching the stated goals andappropriate action taken underparagraph (g) of this section ifwarranted. A permittee may requestpermit renewal pursuant to the sameprocedures for applying for a newpermit. Upon the permittee’s request forrenewal, the Director shall review all


reports submitted by the permittee asrequired by the permit conditions. Inorder to renew the permit, the Directormust find that the:

(1) Activity will continue to furtherthe purposes for which the Sanctuarywas designated in accordance with thecriteria applicable to the initial issuanceof the permit;

(2) Permittee has at no time violatedthe permit, or these regulations; and

(3) The activity has not resulted inany unforeseen adverse impacts toSanctuary resources or qualities.

(g) The Director may amend, suspend,or revoke a permit for good cause. TheDirector may deny a permit application,in whole or in part, if it is determinedthat the permittee or applicant has actedin violation of a previous permit, ofthese regulations, of the NMSA orFKNMSPA, or for other good cause. Anysuch action shall be communicated inwriting to the permittee or applicant bycertified mail and shall set forth thereason(s) for the action taken.Procedures governing permit sanctionsand denials for enforcement reasons areset forth in Subpart D of 15 CFR part904.

(h) The applicant for or holder of aNational Marine Sanctuary permit mayappeal the denial, conditioning,amendment, suspension or revocation ofthe permit in accordance with theprocedures set forth in § 922.50.

(i) A permit issued pursuant to thissection other than a Special-use permitis nontransferable. Special-use permitsmay be transferred, sold, or assignedwith the written approval of theDirector. The permittee shall providethe Director with written notice of anyproposed transfer, sale, or assignmentno less than 30 days prior to itsproposed consummation. Transfers,sales, or assignments consummated inviolation of this requirement shall beconsidered a material breach of theSpecial-use permit, and the permit shallbe considered void as of theconsummation of any such transfer,sale, or assignment.

(j) The permit or a copy thereof shallbe maintained in legible condition onboard all vessels or aircraft used in theconduct of the permitted activity and bedisplayed for inspection upon therequest of any authorized officer.

(k) Any permit issued pursuant to thissection shall be subject to the followingterms and conditions:

(1) All permitted activities shall beconducted in a manner that does notdestroy, cause the loss of, or injureSanctuary resources or qualities, exceptto the extent that such may bespecifically authorized.

(2) The permittee agrees to hold theUnited States harmless against anyclaims arising out of the conduct of thepermitted activities.

(3) All necessary Federal, State, andlocal permits from all agencies withjurisdiction over the proposed activitiesshall be secured before commencingfield operations.

(l) In addition to the terms andconditions listed in paragraph (k) of thissection, any permit authorizing theresearch/recovery of historical resourcesshall be subject to the following termsand conditions:

(1) A professional archaeologist shallbe in charge of planning, field recoveryoperations, and research analysis.

(2) An agreement with a conservationlaboratory shall be in place before fieldrecovery operations are begun, and anapproved nautical conservator shall bein charge of planning, conducting, andsupervising the conservation of anyartifacts and other materials recovered.

(3) A curation agreement with amuseum or facility for curation, publicaccess and periodic public display, andmaintenance of the recovered historicalresources shall be in place beforecommencing field operations (suchagreement for the curation and displayof recovered historical resources mayprovide for the release of public artifactsfor deaccession/transfer if suchdeaccession/transfer is consistent withpreservation, research, education, orother purposes of the designation andmanagement of the Sanctuary.Deaccession/transfer of historicalresources requires a Special-use permitissued pursuant to paragraph (d) andsuch deaccession/transfer shall beexecuted in accordance with therequirements of the SCR Agreement).

(4) The site’s archaeologicalinformation is fully documented,including measured drawings, site mapsdrawn to professional standards, andphotographic records.

(m) In addition to the terms andconditions listed in paragraph (k) and (l)of this section, any permit issuedpursuant to this section is subject tosuch other terms and conditions,including conditions governing accessto, or use of, Sanctuary resources, as theDirector deems reasonably necessary orappropriate and in furtherance of thepurposes for which the Sanctuary isdesignated. Such terms and conditionsmay include, but are not limited to:

(1) Any data or information obtainedunder the permit shall be madeavailable to the public.

(2) A NOAA official shall be allowedto observe any activity conducted underthe permit.

(3) The permittee shall submit one ormore reports on the status, progress, orresults of any activity authorized by thepermit.

(4) The permittee shall submit anannual report to the Director not laterthan December 31 of each year onactivities conducted pursuant to thepermit. The report shall describe allactivities conducted under the permitand all revenues derived from suchactivities during the year and/or term ofthe permit.

(5) The permittee shall purchase andmaintain general liability insurance orother acceptable security againstpotential claims for destruction, loss of,or injury to Sanctuary resources arisingout of the permitted activities. Theamount of insurance or security shouldbe commensurate with an estimatedvalue of the Sanctuary resources in thepermitted area. A copy of the insurancepolicy or security instrument shall besubmitted to the Director.

§ 922.167 Certification of preexistingleases, licenses, permits, approvals, otherauthorizations, or rights to conduct aprohibited activity.

(a) A person may conduct an activityprohibited by §§ 922.163 or 922.164 ifsuch activity is specifically authorizedby a valid Federal, State, or local lease,permit, license, approval, or otherauthorization in existence on July 1,1997, or by any valid right ofsubsistence use or access in existenceon July 1, 1997, provided that:

(1) The holder of such authorizationor right notifies the Director, in writing,within 90 days of July 1, 1997, of theexistence of such authorization or rightand requests certification of suchauthorization or right;

(2) The holder complies with theother provisions of this § 922.167; and

(3) The holder complies with anyterms and conditions on the exercise ofsuch authorization or right imposed asa condition of certification, by theDirector, to achieve the purposes forwhich the Sanctuary was designated.

(b) The holder of an authorization orright described in paragraph (a) of thissection authorizing an activityprohibited by §§ 922.163 or 922.164may conduct the activity without beingin violation of applicable provisions of§§ 922.163 or 922.164, pending finalagency action on his or her certificationrequest, provided the holder is incompliance with this § 922.167.

(c) Any holder of an authorization orright described in paragraph (a) of thissection may request the Director to issuea finding as to whether the activity forwhich the authorization has beenissued, or the right given, is prohibited


by §§ 922.163 or 922.164, thus requiringcertification under this section.

(d) Requests for findings orcertifications should be addressed to theDirector, Office of Ocean and CoastalResource Management; ATTN:Sanctuary Superintendent, Florida KeysNational Marine Sanctuary, P.O. Box500368, Marathon, FL 33050. A copy ofthe lease, permit, license, approval, orother authorization must accompany therequest.

(e) The Director may requestadditional information from thecertification requester as he or shedeems reasonably necessary tocondition appropriately the exercise ofthe certified authorization or right toachieve the purposes for which theSanctuary was designated. Theinformation requested must be receivedby the Director within 45 days of thepostmark date of the request. TheDirector may seek the views of anypersons on the certification request.

(f) The Director may amend anycertification made under this § 922.167whenever additional informationbecomes available justifying such anamendment.

(g) Upon completion of review of theauthorization or right and informationreceived with respect thereto, theDirector shall communicate, in writing,any decision on a certification requestor any action taken with respect to anycertification made under this § 922.167,in writing, to both the holder of thecertified lease, permit, license, approval,other authorization, or right, and theissuing agency, and shall set forth thereason(s) for the decision or actiontaken.

(h) Any time limit prescribed in orestablished under this § 922.167 may beextended by the Director for good cause.

(i) The holder may appeal any actionconditioning, amending, suspending, orrevoking any certification in accordancewith the procedures set forth in§ 922.50.

(j) Any amendment, renewal, orextension made after July 1, 1997, to alease, permit, license, approval, otherauthorization or right is subject to theprovisions of § 922.49.

Appendix I to Subpart P of Part 922—Florida Keys National MarineSanctuary Boundary Coordinates

(Appendix Based on North AmericanDatum of 1983)

The boundary of the Florida KeysNational Marine Sanctuary—

(a) Begins at the northeasternmostpoint of Biscayne National Park locatedat approximately 25 degrees 39 minutesnorth latitude, 80 degrees 5 minutes

west longitude, then runs eastward tothe 300-foot isobath located atapproximately 25 degrees 39 minutesnorth latitude, 80 degrees 4 minuteswest longitude;

(b) Then runs southward andconnects in succession the points at thefollowing coordinates:

(i) 25 degrees 34 minutes northlatitude, 80 degrees 4 minutes westlongitude,

(ii) 25 degrees 28 minutes northlatitude, 80 degrees 5 minutes westlongitude, and

(iii) 25 degrees 21 minutes northlatitude, 80 degrees 7 minutes westlongitude;

(iv) 25 degrees 16 minutes northlatitude, 80 degrees 8 minutes westlongitude;

(c) Then runs southwesterlyapproximating the 300-foot isobath andconnects in succession the points at thefollowing coordinates:

(i) 25 degrees 7 minutes northlatitude, 80 degrees 13 minutes westlongitude,

(ii) 24 degrees 57 minutes northlatitude, 80 degrees 21 minutes westlongitude,

(iii) 24 degrees 39 minutes northlatitude, 80 degrees 52 minutes westlongitude,

(iv) 24 degrees 30 minutes northlatitude, 81 degrees 23 minutes westlongitude,

(v) 24 degrees 25 minutes northlatitude, 81 degrees 50 minutes westlongitude,

(vi) 24 degrees 22 minutes northlatitude, 82 degrees 48 minutes westlongitude,

(vii) 24 degrees 37 minutes northlatitude, 83 degrees 6 minutes westlongitude,

(viii) 24 degrees 40 minutes northlatitude, 83 degrees 6 minutes westlongitude,

(ix) 24 degrees 46 minutes northlatitude, 82 degrees 54 minutes westlongitude,

(x) 24 degrees 44 minutes northlatitude, 81 degrees 55 minutes westlongitude,

(xi) 24 degrees 51 minutes northlatitude, 81 degrees 26 minutes westlongitude, and

(xii) 24 degrees 55 minutes northlatitude, 80 degrees 56 minutes westlongitude;

(d) then follows the boundary ofEverglades National Park in a southerlythen northeasterly direction throughFlorida Bay, Buttonwood Sound,Tarpon Basin, and Blackwater Sound;

(e) after Division Point, then departsfrom the boundary of EvergladesNational Park and follows the westernshoreline of Manatee Bay, BarnesSound, and Card Sound;

(f) then follows the southernboundary of Biscayne National Park tothe southeasternmost point of BiscayneNational Park; and

(g) then follows the eastern boundaryof Biscayne National Park to thebeginning point specified in paragraph(a).

Appendix II to Subpart P of Part 922—Existing Management Areas BoundaryCoordinates

The Existing Management Areas arelocated within the following geographicboundary coordinates:National Oceanic and Atmospheric

Administration,Preexisting National Marine

Sanctuaries:


Key Largo Management Area (Key LargoNational Marine Sanctuary)

1 ................. 25°19.45′ N 80°12.00′ W2 ................. 25°16.02′ N 80°08.07′ W3 ................. 25°07.05′ N 80°12.05′ W4 ................. 24°58.03′ N 80°19.08′ W5 ................. 25°02.02′ N 80°25.25′ W

Looe Key Management Area (Looe KeyNational Marine Sanctuary)

1 ................. 24°31.62′ N 81°26.00′ W2 ................. 24°33.57′ N 81°26.00′ W3 ................. 24°34.15′ N 81°23.00′ W4 ................. 24°32.20′ N 81°23.00′ W

United States Fish and Wildlife Service:Great White Heron National Wildlife Ref-

uge(based on the North American Datum of

1983)

1 ................. 24°43.8′ N 81°48.6′ W2 ................. 24°43.8′ N 81°37.2′ W3 ................. 24°49.2′ N 81°37.2′ W4 ................. 24°49.2′ N 81°19.8′ W5 ................. 24°48.0′ N 81°19.8′ W6 ................. 24°48.0′ N 81°14.4′ W7 ................. 24°49.2′ N 81°14.4′ W8 ................. 24°49.2′ N 81°08.4′ W9 ................. 24°43.8′ N 81°08.4′ W10 ............... 24°43.8′ N 81°14.4′ W11 ............... 24°43.2′ N 81°14.4′ W12 ............... 24°43.2′ N 81°16.2′ W13 ............... 24°42.6′ N 81°16.2′ W14 ............... 24°42.6′ N 81°21.0′ W15 ............... 24°41.4′ N 81°21.0′ W16 ............... 24°41.4′ N 81°22.2′ W17 ............... 24°43.2′ N 81°22.2′ W18 ............... 24°43.2′ N 81°22.8′ W19 ............... 24°43.8′ N 81°22.8′ W20 ............... 24°43.8′ N 81°24.0′ W21 ............... 24°43.2′ N 81°24.0′ W22 ............... 24°43.2′ N 81°26.4′ W23 ............... 24°43.8′ N 81°26.4′ W24 ............... 24°43.8′ N 81°27.0′ W25 ............... 24°43.2′ N 81°27.0′ W26 ............... 24°43.2′ N 81°29.4′ W27 ............... 24°42.6′ N 81°29.4′ W28 ............... 24°42.6′ N 81°30.6′ W29 ............... 24°41.4′ N 81°30.6′ W



30 ............... 24°41.4′ N 81°31.2′ W31 ............... 24°40.8′ N 81°31.2′ W32 ............... 24°40.8′ N 81°32.4′ W33 ............... 24°41.4′ N 81°32.4′ W34 ............... 24°41.4′ N 81°34.2′ W35 ............... 24°40.8′ N 81°34.2′ W36 ............... 24°48.0′ N 81°35.4′ W37 ............... 24°39.6′ N 81°35.4′ W38 ............... 24°39.6′ N 81°36.0′ W39 ............... 24°39.0′ N 81°36.0′ W40 ............... 24°39.0′ N 81°37.2′ W41 ............... 24°37.8′ N 81°37.2′ W


42 ............... 24°37.8′ N 81°37.8′ W43 ............... 24°37.2′ N 81°37.8′ W44 ............... 24°37.2′ N 81°40.2′ W45 ............... 24°36.0′ N 81°40.2′ W46 ............... 24°36.0′ N 81°40.8′ W47 ............... 24°35.4′ N 81°40.8′ W48 ............... 24°35.4′ N 81°42.0′ W49 ............... 24°36.0′ N 81°42.0′ W50 ............... 24°36.0′ N 81°48.6′ W


Key West National Wildlife Refuge

1 ................. 24°40′ N 81°49′ W2 ................. 24°40′ N 82°10′ W3 ................. 24°27′ N 82°10′ W4 ................. 24°27′ N 81°49′ W

When differential Global PositioningSystems data becomes available, thesecoordinates may be revised by FederalRegister notice to reflect the increasedaccuracy of such data.

Appendix III to Subpart P of Part 922—Wildlife Management Areas Access Restrictions

Area Access restrictions

Bay Keys ................................................... No-motor zone (300 feet) around one key; idle speed only/no-wake zones in tidal creeks.Boca Grande Key ...................................... South one-half of beach closed (beach above mean high water closed by Department of the Inte-

rior).Woman Key ............................................... One-half of beach and sand spit on southeast side closed (beach and sand spit above mean high

water closed by Department of the Interior).Cayo Agua Keys ....................................... Idle speed only/no-wake zones in all navigable tidal creeks.Cotton Key ................................................ No-motor zone on tidal flat.Snake Creek ............................................. No-motor zone on tidal flat.Cottrell Key ................................................ No-motor zone (300 feet) around entire key.Little Mullet Key ......................................... No-access buffer zone (300 feet) around entire key.Big Mullet Key ........................................... No-motor zone (300 feet) around entire key.Crocodile Lake .......................................... No-access buffer zone (100 feet) along shoreline between March 1 and October 1.East Harbor Key ........................................ No-access buffer zone (300 feet) around northernmost island.Lower Harbor Keys ................................... Idle speed only/no-wake zones in selected tidal creeks.Eastern Lake Surprise .............................. Idle speed only/no-wake zone east of highway U.S. 1.Horseshoe Key .......................................... No-access buffer zone (300 feet) around main island (main island closed by Department of the Inte-

rior).Marquesas Keys ....................................... (i) No-motor zones (300 feet) around three smallest keys on western side of chain; (ii) no-access

buffer zone (300 feet) around one island at western side of chain; (iii) idle speed only/no-wakezone in southwest tidal creek.

Tidal flat south of Marvin Key ................... No-access buffer zone on tidal flat.Mud Keys .................................................. (i) Idle speed only/no-wake zones in the two main tidal creeks; (ii) two smaller creeks on west side

closed.Pelican Shoal ............................................ No-access buffer zone out to 50 meters from shore between April 1 and August 31 (shoal closed by

the Florida Game and Freshwater Fish Commission).Rodriguez Key ........................................... No-motor zone on tidal flats.Dove Key ................................................... No-motor zone on tidal flats; area around the two small islands closed.Tavernier Key ............................................ No-motor zone on tidal flats.Sawyer Keys ............................................. Tidal creeks on south side closed.Snipe Keys ................................................ (i) Idle speed only/no-wake zone in main tidal creek; (ii) no-motor zone in all other tidal creeks.Upper Harbor Key ..................................... No-access buffer zone (300 feet) around entire key.East Content Keys .................................... Idle speed only/no-wake zones in tidal creeks between southwesternmost keys.West Content Keys ................................... Idle speed only/no-wake zones in selected tidal creeks; no-access buffer zone in one cove.Little Crane Key ........................................ No-access buffer zone (300 feet) around entire key.

Appendix IV to Subpart P of Part 922—Ecological Reserves BoundaryCoordinates

One Ecological Reserve—the WesternSambos Ecological Reserve—isdesignated in the area of WesternSambos reef. NOAA has committed todesignating a second Ecological Reservewithin two years from issuance of thisplan in the area of the Dry Tortugas. Theestablishment of a Dry TortugasEcological Reserve will be proposed bya notice of proposed rulemaking with aproposed boundary determined througha joint effort among the Sanctuary, andthe National Park Service, pursuant to a

public process involving a teamconsisting of managers, scientists,conservationists, and affected usergroups.

The Western Sambos EcologicalReserve (based on differential GlobalPositioning Systems data) is locatedwithin the following geographicboundary coordinates:

* WESTERN SAMBOS


1 ................. 24°33.70′ N .... 81°40.80′ W2 ................. 24°28.85′ N .... 81°41.90′ W3 ................. 24°28.50′ N .... 81°43.70′ W

* WESTERN SAMBOS—Continued


4 ................. 24°33.50′ N .... 81°43.10′ W

(* Denotes located in State waters)

Appendix V to Subpart P of Part 922—Sanctuary Preservation AreasBoundary Coordinates

The Sanctuary Preservation Areas(SPAs) (based on differential GlobalPositioning Systems data) are locatedwithin the following geographicboundary coordinates:



Alligator Reef

1 ................. 24°50.98′N 80°36.84′W2 ................. 24°50.51′N 80°37.35′W3 ................. 24°50.81′N 80°37.63′W4 ................. 24°51.23′N 80°37.17′W

Catch and release fishing by trolling only isallowed in this SPA.

Carysfort/South Carysfort Reef

1 ................. 25°13.78′N 80°12.00′W2 ................. 25°12.03′N 80°12.98′W3 ................. 25°12.24′N 80°13.77′W4 ................. 25°14.13′N 80°12.78′W

* Cheeca Rocks

1 ................. 24°54.42′N 80°36.91′W2 ................. 24°54.25′N 80°36.77′W3 ................. 24°54.10′N 80°37.00′W4 ................. 24°54.22′N 80°37.15′W

Coffins Patch

1 ................. 24°41.47′N 80°57.68′W2 ................. 24°41.12′N 80°57.53′W3 ................. 24°40.75′N 80°58.33′W4 ................. 24°41.06′N 80°58.48′W

Conch Reef

1 ................. 24°57.48′N 80°27.47′W2 ................. 24°57.34′N 80°27.26′W3 ................. 24°56.78′N 80°27.52′W4 ................. 24°56.96′N 80°27.73′W


Davis Reef

1 ................. 24°55.61′N 80°30.27′W2 ................. 24°55.41′N 80°30.05′W3 ................. 24°55.11′N 80°30.35′W4 ................. 24°55.34′N 80°30.52′W

Dry Rocks

1 ................. 25°07.59′N 80°17.91′W2 ................. 25°07.41′N 80°17.70′W3 ................. 25°07.25′N 80°17.82′W4 ................. 25°07.41′N 80°18.09′W

Grecian Rocks

1 ................. 25°06.91′N 80°18.20′W2 ................. 25°06.67′N 80°18.06′W3 ................. 25°06.39′N 80°18.32′W4 ................. 25°06.42′N 80°18.48′W5 ................. 25°06.81′N 80°18.44′W

* Eastern Dry Rocks

1 ................. 24°27.92′N 81°50.55′W2 ................. 24°27.73′N 81°50.33′W3 ................. 24°27.47′N 81°50.80′W4 ................. 24°27.72′N 81°50.86′W

The Elbow

1 ................. 25°08.97′N 80°15.63′W2 ................. 25°08.95′N 80°15.22′W3 ................. 25°08.18′N 80°15.64′W


4 ................. 25°08.50′N 80°16.07′W

French Reef

1 ................. 25°02.20′N 80°20.63′W2 ................. 25°01.81′N 80°21.02′W3 ................. 25°02.36′N 80°21.27′W

* Hen and Chickens

1 ................. 24°56.38′N 80°32.86′W2 ................. 24°56.21′N 80°32.63′W3 ................. 24°55.86′N 80°32.95′W4 ................. 24°56.04′N 80°33.19′W

Looe Key

1 ................. 24°33.24′N 81°24.03′W2 ................. 24°32.70′N 81°23.85′W3 ................. 24°32.52′N 81°24.70′W4 ................. 24°33.12′N 81°24.81′W

Molasses Reef

1 ................. 25°01.00′N 80°22.53′W2 ................. 25°01.06′N 80°21.84′W3 ................. 25°00.29′N 80°22.70′W4 ................. 25°00.72′N 80°22.83′W

* Newfound Harbor Key

1 ................. 24°37.10′N 81°23.34′W2 ................. 24°36.85′N 81°23.28′W3 ................. 24°36.74′N 81°23.80′W4 ................. 24°37.00′N 81°23.86′W

* Rock Key

1 ................. 24°27.48′N 81°51.35′W2 ................. 24°27.30′N 81°51.15′W3 ................. 24°27.21′N 81°51.60′W4 ................. 24°27.45′N 81°51.65′W

* Sand Key

1 ................. 24°27.58′N 81°52.29′W2 ................. 24°27.01′N 81°52.32′W3 ................. 24°27.02′N 81°52.95′W4 ................. 24°27.61′N 81°52.94′W


Sombrero Key

1 ................. 24°37.91′N 81°06.78′W2 ................. 24°37.50′N 81°06.19′W3 ................. 24°37.25′N 81°06.89′W


(* denotes located in State waters)

Appendix VI to Subpart P of Part 922—Special-Use Areas BoundaryCoordinates and Use Designations

The Special-use Areas (based ondifferential Global Positioning Systemsdata) are located within the followinggeographic boundary coordinates:


Conch Reef (Research Only)

1 ................. 24°56.83′N 80°27.26′W2 ................. 24°57.10′N 80°26.93′W3 ................. 24°56.99′N 80°27.42′W4 ................. 24°57.34′N 80°27.26′W

Eastern Sambos (Research Only)

1 ................. 24°29.84′N 81°39.59′W2 ................. 24°29.55′N 81°39.35′W3 ................. 24°29.37′N 81°39.96′W4 ................. 24°29.77′N 81°40.03′W

Looe Key (Research Only)

1 ................. 24°34.17′N 81°23.01′W2 ................. 24°33.98′N 81°22.96′W3 ................. 24°33.84′N 81°23.60′W4 ................. 24°34.23′N 81°23.68′W

Tennessee Reef (Research Only)

1 ................. 24°44.77′N 80°47.12′W2 ................. 24°44.57′N 80°46.98′W3 ................. 24°44.68′N 80°46.59′W4 ................. 24°44.95′N 80°46.74′W

Appendix VII to Subpart P of Part 922—Areas To Be Avoided BoundaryCoordinates


In The Vicinity of the Florida Keys(Reference Charts: United States 11466,

27th Edition—September 1, 1990 and Unit-ed States 11450, 4th Edition—August 11,1990)

1 ................. 25°45.00′N 80°06.10′W2 ................. 25°38.70′N 80°02.70′W3 ................. 25°22.00′N 80°03.00′W4 ................. 25°00.20′N 80°13.40′W5 ................. 24°37.90′N 80°47.30′W6 ................. 24°29.20′N 81°17.30′W7 ................. 24°22.30′N 81°43.17′W8 ................. 24°28.00′N 81°43.17′W9 ................. 24°28.70′N 81°43.50′W10 ............... 24°29.80′N 81°43.17′W11 ............... 24°33.10′N 81°35.15′W12 ............... 24°33.60′N 81°26.00′W13 ............... 24°38.20′N 81°07.00′W14 ............... 24°43.20′N 80°53.20′W15 ............... 24°46.10′N 80°46.15′W16 ............... 24°51.10′N 80°37.10′W17 ............... 24°57.50′N 80°27.50′W18 ............... 25°09.90′N 80°16.20′W19 ............... 25°24.00′N 80°09.10′W20 ............... 25°31.50′N 80°07.00′W21 ............... 25°39.70′N 80°06.85′W22 ............... 25°45.00′N 80°06.10′W

In the Vicinity of Key West Harbor(Reference Chart: United States 11434, 21st

Edition—August 11, 1990)

23 ............... 24°27.95′N 81°48.65′W24 ............... 24°23.00′N 81°53.50′W25 ............... 24°26.60′N 81°58.50′W26 ............... 24°27.75′N 81°55.70′W27 ............... 24°29.35′N 81°53.40′W28 ............... 24°29.35′N 81°50.00′W



29 ............... 24°27.95′N 81°48.65′W

Area Surrounding the Marquesas Keys(Reference Chart: United States 11434, 21st


30 ............... 24°26.60′N 81°59.55′W31 ............... 24°23.00′N 82°03.50′W32 ............... 24°23.60′N 82°27.80′W33 ............... 24°34.50′N 82°37.50′W34 ............... 24°43.00′N 82°26.50′W35 ............... 24°38.31′N 81°54.06′W36 ............... 24°37.91′N 81°53.40′W37 ............... 24°36.15′N 81°51.78′W38 ............... 24°34.40′N 81°50.60′W39 ............... 24°33.44′N 81°49.73′W40 ............... 24°31.20′N 81°52.10′W41 ............... 24°28.70′N 81°56.80′W42 ............... 24°26.60′N 81°59.55′W

Area Surrounding the Dry Tortugas Islands(Reference Chart: United States 11434, 21st


43 ............... 24°32.00′N 82°53.50′W44 ............... 24°32.00′N 83°00.05′W45 ............... 24°39.70′N 83°00.05′W46 ............... 24°45.60′N 82°54.40′W47 ............... 24°45.60′N 82°47.20′W48 ............... 24°42.80′N 82°43.90′W49 ............... 24°39.50′N 82°43.90′W50 ............... 24°35.60′N 82°46.40′W51 ............... 24°32.00′N 82°53.50′W

Appendix VIII to Subpart P of Part922—Marine Life Rule [As ExcerptedFrom Chapter 46–42 of the FloridaAdministrative Code]

46–42.001 Purpose and Intent;Designation of Restricted Species;Definition of ‘‘Marine Life Species.’’

46–42.002 Definitions.46–42.003 Prohibition of Harvest:

Longspine Urchin, Bahama Starfish.46–42.0035 Live Landing and Live

Well Requirements.46–42.0036 Harvest in Biscayne

National Park.*46–42.004 Size Limits.46–42.005 Bag Limits.46–42.006 Commercial Season,

Harvest Limits.46–42.007 Gear Specifications and

Prohibited Gear.46–42.008 Live Rock.*46–42.009 Prohibition on the Taking,

Destruction, or Sale of Marine Coralsand Sea Fans.*—Part 42.0036 was not reproduced

because it does not apply to the Sanctuary.*—Part 42.008 was not reproduced because

it is regulated pursuant to this Part922.163(2)(ii).46–42.001 Purpose and Intent;

Designation of Restricted Species;Definition of ‘‘Marine Life Species’’.—

(1) (a) The purpose and intent of thischapter are to protect and conserve

Florida’s tropical marine life resourcesand assure the continuing health andabundance of these species. The furtherintent of this chapter is to assure thatharvesters in this fishery use nonlethalmethods of harvest and that the fish,invertebrates, and plants so harvested bemaintained alive for the maximumpossible conservation and economicbenefits.

(b) It is the express intent of theMarine Fisheries Commission thatlanding of live rock propagated throughaquaculture will be allowed pursuant tothe provisions of this chapter.

(2) The following fish species, as theyoccur in waters of the state and infederal Exclusive Economic Zone (EEZ)waters adjacent to state waters, arehereby designated as restricted speciespursuant to Section 370.01(20), FloridaStatutes:

(a) Moray eels—Any species of theFamily Muraenidae.

(b) Snake eels—Any species of theGenera Myrichthys and Myrophis of theFamily Ophichthidae.

(c) Toadfish—Any species of theFamily Batrachoididae.

(d) Frogfish—Any species of theFamily Antennariidae.

(e) Batfish—Any species of the FamilyOgcocephalidae.

(f) Clingfish—Any species of theFamily Gobiesocidae.

(g) Trumpetfish—Any species of theFamily Aulostomidae.

(h) Cornetfish—Any species of theFamily Fistulariidae.

(i) Pipefish/seahorses—Any species ofthe Family Syngnathidae.

(j) Hamlet/seabass—Any species ofthe Family Serranidae, except groupersof the genera Epinephalus andMycteroperca, and seabass of the genusCentropristis.

(k) Basslets—Any species of theFamily Grammistidae.

(l) Cardinalfish—Any species of theFamily Apogonidae.

(m) High-hat, Jackknife-fish, Spotteddrum, Cubbyu—Any species of thegenus Equetus of the Family Sciaenidae.

(n) Reef Croakers—Any of the speciesOdontocion dentex.

(o) Sweepers—Any species of theFamily Pempherididae.

(p) Butterflyfish—Any species of theFamily Chaetodontidae.

(q) Angelfish—Any species of theFamily Pomacanthidae.

(r) Damselfish—Any species of theFamily Pomacentridae.

(s) Hawkfish—Any species of theFamily Cirrhitidae.

(t) Wrasse/hogfish/razorfish—Anyspecies of the Family Labridae, excepthogfish, Lachnolaimus maximus.

(u) Parrotfish—Any species of theFamily Scaridae.

(v) Jawfish—Any species of theFamily Opistognathidae.

(w) Blennies—Any species of theFamilies Clinidae or Blenniidae.

(x) Sleepers—Any species of theFamily Eleotrididae.

(y) Gobies—Any species of the FamilyGobiidae.

(z) Tangs and surgeonfish—Anyspecies of the Family Acanthuridae.

(aa) Filefish/triggerfish—Any speciesof the Family Balistes, except graytriggerfish, Balistidae capriscus.

(bb) Trunkfish/cowfish—Any speciesof the Family Ostraciidae.

(cc) Pufferfish/burrfish/balloonfish—Any of the following species:

1. Balloonfish—Diodon holocanthus.2. Sharpnose puffer—Canthigaster

rostrata.3. Striped burrfish—Chilomycterus

schoepfi.(3) The following invertebrate species,

as they occur in waters of the state andin federal Exclusive Economic Zone(EEZ) waters adjacent to state waters,are hereby designated as restrictedspecies pursuant to Section 370.01(20),Florida Statutes:

(a) Sponges—Any species of the ClassDemospongia, except sheepswool,yellow, grass, glove, finger, wire, reef,and velvet sponges, OrderDictyoceratida.

(b) Upside-down jellyfish—Anyspecies of the Genus Cassiopeia.

(c) Siphonophores/hydroids—Anyspecies of the Class Hydrozoa, exceptfire corals, Order Milleporina.

(d) Soft corals—Any species of theSubclass Octocorallia, except sea fansGorgonia flabellum and Gorgoniaventalina.

(e) Sea anemones—Any species of theOrders Actinaria, Zoanthidea,Corallimorpharia, and Ceriantharia.

(f) Featherduster worms/calcareoustubeworms—Any species of theFamilies Sabellidae and Serpulidae.

(g) Star-shells—Any of the speciesAstraea americana or Astraea phoebia.

(h) Nudibranchs/sea slugs—Anyspecies of the SubclassOpisthobranchia.

(i) Fileclams—Any species of theGenus Lima.

(j) Octopods—Any species of theOrder Octopoda, except the commonoctopus, Octopodus vulgaris.

(k) Shrimp—Any of the followingspecies:

1. Cleaner shrimp and peppermintshrimp—Any species of the GeneraPericlimenes or Lysmata.

2. Coral shrimp—Any species of theGenus Stenopus.

3. Snapping shrimp—Any species ofthe Genus Alpheus.

(l) Crabs—Any of the followingspecies:


1. Yellowline arrow crab—Stenorhynchus seticornis.

2. Furcate spider or decorator crab—Stenocionops furcata.

3. Thinstripe hermit crab—Clibanarius vittatus.

4. Polkadotted hermit crab—Phimochirus operculatus.

5. Spotted porcelain crab—Porcellanasayana.

6. Nimble spray or urchin crab—Percnon gibbesi.

7. False arrow crab—Metoporhaphiscalcarata.

(m) Starfish—Any species of the ClassAsteroidea, except the Bahama starfish,Oreaster reticulatus.

(n) Brittlestars—Any species of theClass Ophiuroidea.

(o) Sea urchins—Any species of theClass Echinoidea, except longspineurchin, Diadema antillarum, and sanddollars and sea biscuits, OrderClypeasteroida.

(p) Sea cucumbers—Any species ofthe Class Holothuroidea.

(q) Sea lillies—Any species of theClass Crinoidea.

(4) The following species of plants, asthey occur in waters of the state and infederal Exclusive Economic Zone (EEZ)waters adjacent to state waters, arehereby designated as restricted speciespursuant to Section 370.01(20), FloridaStatutes:

(a) Caulerpa—Any species of theFamily Caulerpaceae.

(b) Halimeda/mermaid’s fan/mermaid’s shaving brush—Any speciesof the Family Halimedaceae.

(c) Coralline red algae—Any speciesof the Family Corallinaceae.

(5) For the purposes of Section370.06(2)(d), Florida Statutes, the term‘‘marine life species’’ is defined to meanthose species designated as restrictedspecies in subsections (2), (3), and (4) ofthis rule.

Specific Authority 370.01(20),370.027(2), 370.06(2)(d), F.S. LawImplemented 370.01(20), 370.025,370.027, 370.06(2)(d), F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95.

46–42.002 Definitions.— As used inthis rule chapter:

(1) ‘‘Barrier net,’’ also known as a‘‘fence net,’’ means a seine used beneaththe surface of the water by a diver toenclose and concentrate tropical fishand which may be made of either nylonor monofilament.

(2) ‘‘Drop net’’ means a small, usuallycircular, net with weights attachedalong the outer edge and a single floatin the center, used by a diver to encloseand concentrate tropical fish.

(3) ‘‘Hand held net’’ means a landingor dip net as defined in Rule 46–4.002(4), except that a portion of the bag

may be constructed of clear plasticmaterial, rather than mesh.

(4) ‘‘Harvest’’ means the catching ortaking of a marine organism by anymeans whatsoever, followed by areduction of such organism topossession. Marine organisms that arecaught but immediately returned to thewater free, alive, and unharmed are notharvested. In addition, temporarypossession of a marine animal for thepurpose of measuring it to determinecompliance with the minimum ormaximum size requirements of thischapter shall not constitute harvestingsuch animal, provided that it ismeasured immediately after taking, andimmediately returned to the water free,alive, and unharmed if undersize oroversize.

(5) ‘‘Harvest for commercialpurposes’’ means the taking orharvesting of any tropical ornamentalmarine life species or tropicalornamental marine plant for purposes ofsale or with intent to sell. The harvestof tropical ornamental marine lifespecies or tropical ornamental marineplants in excess of the bag limit shallconstitute prima facie evidence of intentto sell.

(6) ‘‘Land,’’ when used in connectionwith the harvest of marine organisms,means the physical act of bringing theharvested organism ashore.

(7) ‘‘Live rock’’ means rock withliving marine organisms attached to it.

(8) ‘‘Octocoral’’ means any erect,nonencrusting species of the SubclassOctocorallia, except the speciesGorgonia flabellum and Gorgoniaventalina.

(9) ‘‘Slurp gun’’ means a self-contained, handheld device thatcaptures tropical fish by rapidlydrawing seawater containing such fishinto a closed chamber.

(10) ‘‘Total length’’ means the lengthof a fish as measured from the tip of thesnout to the tip of the tail.

(11) ‘‘Trawl’’ means a net in the formof an elongated bag with the mouth keptopen by various means and fished bybeing towed or dragged on the bottom.‘‘Roller frame trawl’’ means a trawl withall of the following features andspecifications:

(a) A rectangular rigid frame to keepthe mouth of the trawl open while beingtowed.

(b) The lower horizontal beam of theframe has rollers to allow the trawl toroll over the bottom and anyobstructions while being towed.

(c) The trawl opening is shielded bya grid of vertical bars spaced no morethan 3 inches apart.

(d) The trawl is towed by attaching aline or towing cable to a tongue located

above yor at the center of the upperhorizontal beam of the frame.

(e) The trawl has no doors attached tokeep the mouth of the trawl open.

(12) ‘‘Tropical fish’’ means anyspecies included in subsection (2) ofRule 46–42.001, or any part thereof.

(13) ‘‘Tropical ornamental marine lifespecies’’ means any species included insubsections (2) or (3) of Rule 46–42.001,or any part thereof.

(14) ‘‘Tropical ornamental marineplant’’ means any species included insubsection (4) of Rule 46–42.001.

Specific Authority 370.027(2), F.S.Law Implemented 370.025, 370.027,F.S. History—New 1–1–91, Amended 7–1–92, 1–1–95.

46–42.003 Prohibition of Harvest:Longspine Urchin, Bahama Starfish.—No person shall harvest, possess whilein or on the waters of the state, or landany of the following species:

(1) Longspine urchin, Diademaantillarum.

(2) Bahama starfish, Oreasterreticulatus.

Specific Authority 370.027(2), F.S.Law Implemented 370.025, 370.027,F.S. History—New 1–1–91, Amended 7–1–92.

46–42.0035 Live Landing and LiveWell Requirements.—

(1) Each person harvesting anytropical ornamental marine life speciesor any tropical ornamental marine plantshall land such marine organism alive.

(2) Each person harvesting anytropical ornamental marine life speciesor any tropical ornamental marine plantshall have aboard the vessel being usedfor such harvest a continuouslycirculating live well or aeration oroxygenation system of adequate size andcapacity to maintain such harvestedmarine organisms in a healthycondition.

Specific Authority 370.027(2), F.S.Law Implemented 370.025, 370.027,F.S. History—New 7–1–92.

46–42.004 Size Limits.—(1) Angelfishes.—(a) No person harvesting for

commercial purposes shall harvest,possess while in or on the waters of thestate, or land any of the followingspecies of angelfish, of total length lessthan that set forth below:

1. One-and-one-half (1 1/2) inches for:a. Gray angelfish (Pomacanthus

arcuatus).b. French angelfish (Pomacanthus

paru).2. One-and-three-quarters (13⁄4) inches

for:a. Blue angelfish (Holacanthus

bermudensis).b. Queen angelfish (Holacanthus

ciliaris).


3. Two (2) inches for rock beauty(Holacanthus tricolor).

(b) No person shall harvest, possesswhile in or on the waters of the state,or land any angelfish (FamilyPomacanthidae), of total length greaterthan that specified below:

1. Eight (8) inches for angelfish,except rock beauty (Holacanthustricolor).

2. Five (5) inches for rock beauty.(c) Except as provided herein, no

person shall purchase, sell, or exchangeany angelfish smaller than the limitsspecified in paragraph (a) or larger thanthe limits specified in paragraph (b).This prohibition shall not apply toangelfish legally harvested outside ofstate waters or federal ExclusiveEconomic Zone (EEZ) waters adjacent tostate waters, which angelfish areentering Florida in interstate orinternational commerce. The burdenshall be upon any person possessingsuch angelfish for sale or exchange toestablish the chain of possession fromthe initial transaction after harvest, byappropriate receipt(s), bill(s) of sale, orbill(s) of lading, and any customsreceipts, and to show that suchangelfish originated from a pointoutside the waters of the State of Floridaor federal Exclusive Economic Zone(EEZ) waters adjacent to Florida watersand entered the state in interstate orinternational commerce. Failure tomaintain such documentation or topromptly produce same at the request ofany duly authorized law enforcementofficer shall constitute prima facieevidence that such angelfish wereharvested from Florida waters oradjacent EEZ waters for purposes of thisparagraph.

(2) Butterflyfishes.—(a) No person harvesting for

commercial purposes shall harvest,possess while in or on the waters of thestate, or land any butterflyfish (FamilyChaetodontidae) of total length less thanone (1) inch.

(b) No person shall harvest, possesswhile in or on the waters of the state,or land any butterflyfish of total lengthgreater than 4 inches.

(3) Gobies—No person shall harvest,possess while in or on the waters of thestate, or land any gobie (FamilyGobiidae) of total length greater than 2inches.

(4) Jawfishes—No person shallharvest, possess while in or on thewaters of the state, or land any jawfish(Family Opistognathidae) of total lengthgreater than 4 inches.

(5) Spotfin and Spanish hogfish—(a) No person shall harvest, possess

while in or on the waters of this state,

or land any Spanish hogfish (Bodianusrufus) of total length less than 2 inches.

(b) No person shall harvest, possesswhile in or on the waters of this state,or land any Spanish hogfish (Bodianusrufus) or spotfin hogfish (Bodianuspulchellus) of total length greater than8 inches.


46–42.005 Bag limit.—(1) Except as provided in Rule 46–

42.006 or subsections (3) or (4) of thisrule, no person shall harvest, possesswhile in or on the waters of the state,or land more than 20 individuals perday of tropical ornamental marine lifespecies, in any combination.

(2) Except as provided in Rule 46–42.006, no person shall harvest, possesswhile in or on the waters of the state,or land more than one (1) gallon per dayof tropical ornamental marine plants, inany combination of species.

(3) Except as provided in Rule 46–42.006, no person shall harvest, possesswhile in or on the waters of the state,or land more than 5 angelfishes (FamilyPomacanthidae) per day. Each angelfishshall be counted for purposes of the 20individual bag limit specified insubsection (1) of this rule.

(4)(a) Unless the season is closedpursuant to paragraph (b), no personshall harvest, possess while in or on thewaters of the state, or land more than 6colonies per day of octocorals. Eachcolony of octocoral or part thereof shallbe considered an individual of thespecies for purposes of subsection (1) ofthis rule and shall be counted forpurposes of the 20 individual bag limitspecified therein. Each personharvesting any octocoral as authorizedby this rule may also harvest substratewithin 1 inch of the perimeter of theholdfast at the base of the octocoral,provided that such substrate remainsattached to the octocoral.

(b) If the harvest of octocorals infederal Exclusive Economic Zone (EEZ)waters adjacent to state waters is closedto all harvesters prior to September 30of any year, the season for harvest ofoctocorals in state waters shall alsoclose until the following October 1,upon notice given by the Secretary ofthe Department of EnvironmentalProtection, in the manner provided ins.120.52(16)(d), Florida Statutes.

Specific Authority 370.027(2), F.S.Law Implemented 370.025, 370.027,F.S. History—New 1–1–91, Amended 1–1–95.

46–42.006 Commercial Season,Harvest Limits.—

(1) Except as provided in Rule 46–42.008(7), no person shall harvest,possess while in or on the waters of thestate, or land quantities of tropicalornamental marine life species ortropical ornamental marine plants inexcess of the bag limits established inRule 46–42.005 unless such personpossesses a valid saltwater productslicense with both a marine life fisheryendorsement and a restricted speciesendorsement issued by the Departmentof Environmental Protection.

(2) Persons harvesting tropicalornamental marine life species ortropical ornamental marine plants forcommercial purposes shall have aseason that begins on October 1 of eachyear and continues through September30 of the following year. These personsshall not harvest, possess while in or onthe waters of the state, or land tropicalornamental marine life species in excessof the following limits:

(a) A limit of 75 angelfish (FamilyPomacanthidae) per person per day or150 angelfish per vessel per day,whichever is less.

(b) A limit of 75 butterflyfishes(Family Chaetodontidae) per vessel perday.

(c) There shall be no limits on theharvest for commercial purposes ofoctocorals unless and until the seasonfor all harvest of octocorals in federalExclusive Economic Zone (EEZ) watersadjacent to state waters is closed. Atsuch time, the season for harvest ofoctocorals in state waters shall alsoclose until the following October 1,upon notice given by the Secretary ofthe Department of EnvironmentalProtection, in the manner provided inSection 120.52(16)(d), Florida Statutes.Each person harvesting any octocoral asauthorized by this rule may also harvestsubstrate within 1 inch of the perimeterof the holdfast at the base of theoctocoral, provided that such substrateremains attached to the octocoral.

(d) A limit of 400 giant Caribbean or‘‘pink-tipped’’ anemones (GenusCondylactus) per vessel per day.


46–42.007 Gear Specifications andProhibited Gear.—

(1) The following types of gear shallbe the only types allowed for the harvestof any tropical fish, whether from statewaters or from federal ExclusiveEconomic Zone (EEZ) waters adjacent tostate waters:

(a) Hand held net.(b) Barrier net, with a mesh size not

exceeding 3⁄4 inch stretched mesh.


(c) Drop net, with a mesh size notexceeding 3⁄4 inch stretched mesh.

(d) Slurp gun.(e) Quinaldine may be used for the

harvest of tropical fish if the personusing the chemical or possessing thechemical in or on the waters of the statemeets each of the following conditions:

1. The person also possesses andmaintains aboard any vessel used in theharvest of tropical fish with quinaldinea special activity license authorizing theuse of quinaldine, issued by theDivision of Marine Resources of theDepartment of Environmental Protectionpursuant to Section 370.08(8), FloridaStatutes.

2. The quinaldine possessed orapplied while in or on the waters of thestate is in a diluted form of no morethan 2% concentration in solution withseawater. Prior to dilution in seawater,quinaldine shall only be mixed withisopropyl alcohol or ethanol.

(f) A roller frame trawl operated by aperson possessing a valid live baitshrimping license issued by theDepartment of Environmental Protectionpursuant to Section 370.15, FloridaStatutes, if such tropical fish are takenas an incidental bycatch of shrimplawfully harvested with such trawl.

(g) A trawl meeting the followingspecifications used to collect livespecimens of the dwarf seahorse,Hippocampus zosterae, if towed by avessel no greater than 15 feet in lengthat no greater than idle speed:

1. The trawl opening shall be nolarger than 12 inches by 48 inches.

2. The trawl shall weigh no more than5 pounds wet when weighed out of thewater.

(2) This rule shall not be construed toprohibit the use of any bag or containerused solely for storing collectedspecimens or the use of a single bluntrod in conjunction with any allowablegear, which rod meets each of thefollowing specifications:

(a) The rod shall be made ofnonferrous metal, fiberglass, or wood.

(b) The rod shall be no longer than 36inches and have a diameter no greaterthan 3⁄4 inch at any point.

(3) No person shall harvest in or fromstate waters any tropical fish by or withthe use of any gear other than those

types specified in subsection (1);provided, however, that tropical fishharvested as an incidental bycatch ofother species lawfully harvested forcommercial purposes with other typesof gear shall not be deemed to beharvested in violation of this rule, if thequantity of tropical fish so harvesteddoes not exceed the bag limitsestablished in Rule 46–42.005.


46–42.009 Prohibition on theTaking, Destruction, or Sale of MarineCorals and Sea Fans; Exception; Repealof Section 370.114, Florida Statutes.—

(1) Except as provided in subsection(2), no person shall take, attempt to take,or otherwise destroy, or sell, or attemptto sell, any sea fan of the speciesGorgonia flabellum or of the speciesGorgonia ventalina, or any hard or stonycoral (Order Scleractinia) or any firecoral (Genus Millepora). No person shallpossess any such fresh, uncleaned, oruncured sea fan, hard or stony coral, orfire coral.

(2) Subsection (1) shall not apply to:(a) Any sea fan, hard or stony coral,

or fire coral legally harvested outside ofstate waters or federal ExclusiveEconomic Zone (EEZ) waters adjacent tostate waters and entering Florida ininterstate or international commerce.The burden shall be upon any personpossessing such species to establish thechain of possession from the initialtransaction after harvest, by appropriatereceipt(s), bill(s) of sale, or bill(s) oflading, and any customs receipts, and toshow that such species originated froma point outside the waters of the Stateof Florida or federal ExclusiveEconomic Zone (EEZ) adjacent to statewaters and entered the state in interstateor international commerce. Failure tomaintain such documentation or topromptly produce same at the request ofany duly authorized law enforcementofficer shall constitute prima facieevidence that such species wereharvested from Florida waters inviolation of this rule.

(b) Any sea fan, hard or stony coral,or fire coral harvested and possessedpursuant to permit issued by the

Department of Environmental Protectionfor scientific or educational purposes asauthorized in Section 370.10(2), FloridaStatutes.

(c) Any sea fan, hard or stony coral,or fire coral harvested and possessedpursuant to the aquacultured live rockprovisions of Rule 46–42.008(3)(a) orpursuant to a Live Rock AquaculturePermit issued by the National MarineFisheries Service under 50 CFR Part 638and meeting the following requirements:

1. Persons possessing these species inor on the waters of the state shall alsopossess a state submerged lands leasefor live rock aquaculture and aDepartment of Environmental Protectionpermit for live rock culture depositionand removal or a federal Live RockAquaculture Permit. If the personpossessing these species is not theperson named in the documentsrequired herein, then the person in suchpossession shall also possess writtenpermission from the person so named totransport aquacultured live rockpursuant to this exception.

2. The nearest office of the FloridaMarine Patrol shall be notified at least24 hours in advance of any transport inor on state waters of aquacultured liverock pursuant to this exception.

3. Persons possessing these species offthe water shall maintain and produceupon the request of any duly authorizedlaw enforcement officer sufficientdocumentation to establish the chain ofpossession from harvest on a statesubmerged land lease for live rockaquaculture or in adjacent ExclusiveEconomic Zone (EEZ) waters pursuantto a federal Live Rock AquaculturePermit.

4. Any sea fan, hard or stony coral, orfire coral harvested pursuant to Rule46–42.008(3)(a) shall remain attached tothe cultured rock.

Specific Authority 370.027(2), F.S.;Section 6, Chapter 83–134, Laws ofFlorida, as amended by Chapter 84–121,Laws of Florida. Law Implemented370.025, 370.027, F.S.; Section 6,Chapter 83–134, Laws of Florida, asamended by Chapter 84–121, Laws ofFlorida. History—New 1–1–95.2222

[FR Doc. 97–15252 Filed 6–11–97; 8:45 am]BILLING CODE 3510–12–P

Date post:	11-Aug-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times