Strategy for Stewardship Florida Keys National Marine ... · cial, ecological, historical,...

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 III of IIIAppendices

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

1996

National Oceanic and Atmospheric Administration

Volume IIIAppendices

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

Contact: 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

Table of Contents

PageGeneral Introduction............................................................................................................................... 1

Appendix A. Sanctuary Legislation ........................................................................................................ A-1

Appendix B. Core Group/Sanctuary Advisory Council/Strategy Working Group Members ................... B-1

Appendix C. Existing Legislative Authorities .......................................................................................... C-1

Appendix D. Federal Fishery Management ............................................................................................ D-1

Appendix E. Sample Strategy Description Sheet ................................................................................... E-1

Appendix F. Sample Strategy Characterization Sheet ........................................................................... F-1

Appendix G. Mid-range Alternative Strategies ....................................................................................... G-1

Appendix H. Strategies in the Preferred Alternative............................................................................... H-1

Appendix I. Submerged Cultural Resources (List of Known Sites and Losses) .................................... I-1

Appendix J. Agreements for the Integrated Management of the Florida Keys National Marine Sanctuary .......................................................................... J-1

Appendix K. Final FKNMS Designation Document ................................................................................ K-1

Appendix L. Comments Received on the Draft Management Plan/EIS and NOAA's Responses .................................................................................... L-1

Appendix M. Assessment of the Potential Costs and Benefits of the Final Management Plan Regulations ................................................................................ M-1

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Note to Readers:

Appendix I. Strategy Development Tracking Table was not reproduced from the Draft Management Plan/EIS since it was developed toassist reviewers of the draft document reconcile the strategies developed in 1992 with the draft plan. Any changes to the strategies inthe draft plan were achieved in response to public comment received over the 9 month comment period and deliberation by the extendedreview team.

In the interest of space, Appendix J. Marine and Terrestrial Species and Algae in the Draft Management Plan/EIS has also not beenreprinted in this final document. The species list provided in Volume III of the draft EIS continues to be valid, except for the erroneousreference to the California Sea Lion, Zalophus californianus, as a species endemic to the Florida Keys. Additional copies of the specieslist are available upon request to:

Florida Keys National Marine SanctuaryP.O. Box 500368Marathon, FL 33050(305) 743-2437

General Introduction

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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 third of three volumes describing the FinalManagement Plan/Environmental Impact Statement(EIS) for the Florida Keys National Marine Sanctuary.Volume I contains the selection of the Final PreferredAlternative, which is the Final Management Plan,including 10 detailed action plans. The Final Pre-ferred Alternative explains the modifications to theDraft Preferred Alternative (III) based on publiccomments, the FKNMSPA, the NMSA and otherconsiderations. Volume II describes the Manage-ment Plan/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.

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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 thespread of coral diseases. With the reauthorization of

the 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 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.


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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

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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 the South Florida economy is dependent.

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.


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

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encouraged to sign up to participate in theWorking Groups that they were interested inmonitoring.

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.

a 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.

Overview of the Public Review Process

The Draft Management Plan and EnvironmentalImpact Statement for the Florida Keys NationalMarine Sanctuary was released to the public at aSanctuary Advisory Council meeting on April 4, 1995.This initiated a nine month public review of the draftplan that ended December 31, 1995. During thisreview period Sanctuary staff facilitated the public’sreview of the plan in a variety of ways that weredesigned to maximize the public’s full understandingof the components and contents of the draft plan.

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 were


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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 III

This volume contains appendices referred to inVolume I and II. They are organized alphabetically,and the pages within each appendix are listednumerically.

• Appendix A includes the full texts of both theNational Marine Sanctuary Act and the FloridaKeys National Marine Sanctuary and Protec-tion Act.

• Appendix B lists the members of the Inter-agency Core Group, Sanctuary AdvisoryCouncil, and Strategy Working Group.

• Appendix C lists the existing legislative authori-ties within the Keys.

• Appendix D provides additional informationabout Federal fishery management.

• Appendix E gives a sample strategy descrip-tion sheet.

• Appendix F gives a sample strategy character-ization sheet.

• Appendix G lists the strategies in each of themid-range management alternatives.

• Appendix H lists the strategies in the PreferredAlternative.

• Appendix I provides a list of submergedcultural resources - known sites and losses.

• Appendix J is a draft compact and agreementpackage.

• Appendix K is the revised Sanctuary Designa-tion Document, which details the effect ofdesignation, describes the Sanctuary area,outlines the scope of applicable Sanctuaryregulations, and specifically defines theSanctuary’s boundaries.

• Appendix L is a summary of the commentsreceived on the Draft Management Plan/EISand NOAA’s responses.

• Appendix M is the assessment of the potentialcosts and benefits of the Final ManagementPlan regulations pursuant to Executive Order12866.

Appendix A. Sanctuary Legislation

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The National Marine Sanctuaries Act

The National Marine Sanctuaries Act, as amended

Sec. 301. FINDINGS, PURPOSES, AND POLICIES.(a) Findings.—The Congress finds that—

(1) this nation historically has recognizedthe importance of protecting special areas of itspublic domain, but these efforts have beendirected almost exclusively to land areas abovethe high-water mark;

(2) certain areas of the marine environmentpossess conservation, recreational, ecological,historical, research, educational, or estheticqualities which give them special national and,in some instances, international significance;

(3) while the need to control the effects ofparticular activities has led to enactment ofresource-specific legislation, these laws cannotin all cases provide a coordinated and compre-hensive approach to the conservation andmanagement of special areas of the marineenvironment;

(4) a Federal program which identifiesspecial areas of the marine environment willcontribute positively to marine resourcesconservation, research, and management;

(5) such a Federal program will also serveto enhance public awareness, understanding,appreciation, and wise use of the marineenvironment; and

(6) protection of these special areas cancontribute to maintaining a natural assemblageof living resources for future generations.

(b) Purposes and Policies.—The purposes and policies of this title are—

(1) to identify and designate as nationalmarine sanctuaries areas of the marine envi-ronment which are of special national signifi-cance;

(2) to provide authority for comprehensiveand coordinated conservation and manage-ment of these marine areas, and activitiesaffecting them, in a manner which comple-ments existing regulatory authorities;

(3) to support, promote, and coordinatescientific research on, and monitoring of, theresources of these marine areas, especiallylong-term monitoring and research of theseareas;

(4) to enhance public awareness, under-standing, appreciation, and wise use of themarine environment;

(5) to facilitate to the extent compatiblewith the primary objective of resource protec-tion, all public and private uses of the re-sources of these marine areas not prohibitedpursuant to other authorities;

(6) to develop and implement coordinatedplans for the protection and management ofthese areas with appropriate Federal agencies,State and local governments, Native Americantribes and organizations, international organi-zations, and other public and private interestsconcerned with the continuing health andresilience of these marine areas;

(7) to create models of, and incentives for,ways to conserve and manage these areas;

(8) to cooperate with global programsencouraging conservation of marine resources;and

(9) to maintain, restore, and enhance livingresources by providing places for species thatdepend upon these marine areas to surviveand propagate.

Sec. 302. Definitions.As used in this title, the term—

(1) “draft management plan” meansthe plan described in section 304(a)(1) (C)(v);

(2) “Magnuson Act” means theMagnuson Fishery Conservation and Man-agement Act (16 U.S.C. 1801 et seq.);

(3) “marine environment” means thoseareas of coastal and ocean waters, the GreatLakes and their connecting waters, andsubmerged lands over which the UnitedStates exercises jurisdiction, including theexclusive economic zone, consistent withinternational law;

(4) “Secretary” means the Secretary ofCommerce;

(5) “State” means each of the severalStates, the District of Columbia, the Com-monwealth of Puerto Rico, the Common-wealth of the Northern Mariana Islands,American Samoa, the Virgin Islands, Guam,and any other commonwealth, territory, orpossession of the United States;

(6) “damages” includes—(A) compensation for—

(i)(I) the cost ofreplacing, restoring, oracquiring the equivalent of aSanctuary resource; and

(II) the value of thelost use of a sanctuaryresource pending its restora-


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tion or replacement or theacquisition of an equivalentsanctuary resource; or

(ii) the value of asanctuary resource if thesanctuary resource cannot berestored or replaced or if theequivalent of such resourcecannot be acquired;

(B) the cost of damage assess-ments under section 312(b)(2); and

(C) the reasonable cost ofmonitoring appropriate to theinjured, restored, or replaced re-sources;

(7) “response costs” means the costs ofactions taken or authorized by the Secretaryto minimize destruction or loss of, or injuryto, sanctuary resources, or to minimize theimminent risks of such destruction, loss, orinjury;

(8) “sanctuary resource” means anyliving or nonliving resource of a nationalmarine sanctuary that contributes to theconservation, recreational, ecological,historical, research, educational, or aestheticvalue of the sanctuary; and

(9) "exclusive economic zone” meansthe exclusive economic zone as defined inthe Magnuson Fishery and Conservation Act.

Sec. 303. Sanctuary Designation Standards(a) Standards.—The Secretary may designate

any discrete area of the marine environment as anational marine sanctuary and promulgate regula-tions implementing the designation if the Secretary—

(1) determines that the designation will fulfillthe purposes and policies of this title; and

(2) finds that—(A) the area is of special national signifi-

cance due to its resource or human-use values;(B) existing State and Federal authorities

are inadequate or should be supplemented toensure coordinated and comprehensive conser-vation and management of the area, includingresource protection, scientific research, andpublic education;

(C) designation of the area as a nationalmarine sanctuary will facilitate the objectives insubparagraph (B); and

(D) the area is of a size and nature that willpermit comprehensive and coordinated conser-vation and management.

(b) Factors and Consultations Required inMaking Determinations and Findings.—

(1) Factors.—For purposes of determining if anarea of the marine environment meets the standardsset forth in subsection (a), the Secretary shall con-sider—

(A) the area’s natural resource and ecologi-cal qualities, including its contribution to biologi-cal productivity, maintenance of ecosystemstructure, maintenance of ecologically or com-mercially important or threatened species orspecies assemblages, maintenance of criticalhabitat of endangered species, and the biogeo-graphic representation of the site;

(B) the area’s historical, cultural, archaeo-logical, or paleontological significance;

(C) the present and potential uses of thearea that depend on maintenance of the area’sresources, including commercial and recreationalfishing, subsistence uses, other commercial andrecreational activities, and research and educa-tion;

(D) the present and potential activities thatmay adversely affect the factors identified insubparagraphs (A), (B), (C);

(E) the existing State and Federal regula-tory and management authorities applicable tothe area and the adequacy of those authorities tofulfill the purposes and policies of this title;

(F) the manageability of the area, includingsuch factors as its size, its ability to be identifiedas a discrete ecological unit with definableboundaries, its accessibility, and its suitability formonitoring and enforcement activities;

(G) the public benefits to be derived fromsanctuary status, with emphasis on the benefitsof long-term protection of nationally significantresources, vital habitats, and resources whichgenerate tourism;

(H) the negative impacts produced bymanagement restrictions on income-generatingactivities such as living and nonliving resourcesdevelopment; and

(I) the socioeconomic effects of sanctuarydesignation.

(2) Consultation.—In making determinationsand findings, the Secretary shall consult with—

(A) the Committee on Merchant Marineand Fisheries of the House of Representativesand the Committee on Commerce, Science, andTransportation of the Senate;

(B) the Secretaries of State, Defense,Transportation, and the Interior, the Administra-tor, and the heads of other interested Federalagencies;

(C) the responsible officials or relevantagency heads of the appropriate State and local


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government entities, including coastal zonemanagement agencies, that will, or are likely tobe, affected by the establishment of the area as anational marine sanctuary;

(D) the appropriate officials of any Re-gional Fishery Management Council establishedby section 302 of the Magnuson Act (16 U.S.C.1852) that may be affected by the proposeddesignation; and

(E) other interested persons.(3) Resource Assessment Report.—In making deter-minations and findings, the Secretary shall draft, aspart of the environmental impact statement referredto in section 304(a)(2), a resource assessment reportdocumenting present and potential uses of the area,including commercial and recreational fishing,research and education, minerals and energy devel-opment, subsistence uses, and other commercial,governmental, or recreational uses. The Secretary, inconsultation with the Secretary of the Interior, shalldraft a resource assessment section for the reportregarding any commercial, governmental or recre-ational resource uses in the area under considerationthat are subject to the primary jurisdiction of theDepartment of the Interior. The Secretary, in consul-tation with the Secretary of Defense, the Secretary ofEnergy, and the Administrator, shall draft a resourceassessment section for the report including informa-tion on any past, present, or proposed future disposalor discharge of materials in the vicinity of the pro-posed sanctuary. Public disclosure by the Secretary ofsuch information shall be consistent with nationalsecurity regulations.

Sec. 304. Procedures for Designation and Imple-mentation.

(a) Sanctuary Proposal.—(1) Notice.—In proposing to designate a

national marine sanctuary, the Secretary shall—(A) issue, in the Federal Register, a notice

of the proposal, proposed regulations that maybe necessary and reasonable to implement theproposal, and a summary of the draft manage-ment plan;

(B) provide notice of the proposal innewspapers of general circulation or electronicmedia in the communities that may be affectedby the proposal; and

(C) on the same day the notice required bysubparagraph (A) is issued, the Secretary shallsubmit to the Committee on Merchant Marineand Fisheries of the House of Representativesand the Committee on Commerce, Science, andTransportation of the Senate documents includ-ing an executive summary consisting of—

(i) the terms of the proposeddesignation;(ii) the basis of the findings made

under section 303(a) with respect to the area;(iii) an assessment of the consider-

ations under section 303(b)(1);(iv) proposed mechanisms to coordi-

nate existing regulatory and managementauthorities within the area;

(v) the draft management plan detail-ing the proposed goals and objectives,management responsibilities, resourcestudies, interpretive and educational pro-grams, and enforcement, including surveil-lance activities for the area;

(vi) an estimate of the annual cost ofthe proposed designation, including costs ofpersonnel, equipment and facilities, enforce-ment, research, and public education;

(vii) the draft environmental impactstatement;

(viii) an evaluation of the advantagesof cooperative State and Federal manage-ment if all or part of a proposed marinesanctuary is within the territorial limits ofany state or is superjacent to the subsoil andseabed within the seaward boundary of aState, as that boundary is established underthe Submerged Lands Act (43 U.S.C. 1301 etseq.); and

(ix) the proposed regulations referredto in subparagraph (A).

(2) Environmental Impact Statement.—TheSecretary shall—

(A) prepare a draft environmental impactstatement, as provided by the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.),on the proposal that includes the resourceassessment report required under section303(b)(3), maps depicting the boundaries of theproposed designated area, and the existing andpotential uses and resources of the area; and

(B) make copies of the draft environmentalimpact statement available to the public.

(3) Public Hearing.—No sooner than thirty daysafter issuing a notice under this subsection, theSecretary shall hold at least one public hearing in thecoastal area or areas that will be most affected by theproposed designation of the area as a national marinesanctuary for the purpose of receiving the views ofinterested parties.

(4) Terms of Designation.—The terms of desig-nation of a sanctuary shall include the geographicarea proposed to be included within the sanctuary,the characteristics of the area that give it conserva-


tion, recreational, ecological, historical, research,educational, or esthetic value, and the types ofactivities that will be subject to regulation by theSecretary to protect those characteristics. The termsof designation may be modified only by the sameprocedures by which the original designation ismade.

(5) Fishing Regulations.—The Secretary shallprovide the appropriate Regional Fishery Manage-ment Council with the opportunity to prepare draftregulations for fishing within the exclusive economiczone as the Council may deem necessary to imple-ment the proposed designation. Draft regulationsprepared by the Council, or a Council determinationthat regulations are not necessary pursuant to thisparagraph, shall be accepted and issued as proposedregulations by the Secretary unless the Secretaryfinds that the Council’s action fails to fulfill thepurposes and policies of this title and the goals andobjectives of the proposed designation. In preparingthe draft regulations, a Regional Fishery Manage-ment Council shall use as guidance the nationalstandards of section 301(a) of the Magnuson Act (16U.S.C. 1851) to the extent that the standards areconsistent and compatible with the goals and objec-tives of the proposed designation. The Secretary shallprepare the fishing regulations, if the Council de-clines to make a determination with respect to theneed for regulations, makes a determination which isrejected by the Secretary, or fails to prepare the draftregulations in a timely manner. Any amendments tothe fishing regulations shall be drafted, approved,and issued in the same manner as the originalregulations. The Secretary shall also cooperate withother appropriate fishery management authoritieswith rights or responsibilities within a proposedsanctuary at the earliest practicable stage in draftingany sanctuary fishing regulations.

(6) Committee Action.—After receiving thedocuments under subsection (a)(l)(C), the Committeeon Merchant Marine and Fisheries of the House ofRepresentatives and the Committee on Commerce,Science, and Transportation of the Senate may eachhold hearings on the proposed designation and onthe matters set forth in the documents. If within theforty-five day period of continuous session ofCongress beginning on the date of submission of thedocuments either Committee issues a report concern-ing matters addressed in the documents, the Secre-tary shall consider this report before publishing anotice to designate the national marine sanctuary.

(b) Taking Effect of Designations.—(1) Notice.—In designating a national marine

sanctuary, the Secretary shall publish in the Fed-eral Register notice of the designation together with

final regulations to implement the designation andany other matters required by law, and submit suchnotice to the Congress. The Secretary shall advisethe public of the availability of the final manage-ment plan and the final environmental impactstatement with respect to such sanctuary. The Sec-retary shall issue a notice of designation with re-spect to a proposed national marine sanctuary sitenot later than 30 months after the date a notice de-claring the site to be an active candidate for sanc-tuary designation is published in the Federal Reg-ister under regulations issued under this Act, orshall publish not later than such date in the Fed-eral Register findings regarding why such noticehas not been published. No notice of designationmay occur until the expiration of the period forCommittee action under subsection (a)(6). The des-ignation (and any of its terms not disapprovedunder this subsection) and regulations shall takeeffect and become final after the close of a reviewperiod of forty-five days of continuous session ofCongress beginning on the day on which such no-tice is published, unless in the case of a naturalmarine sanctuary that is located partially or entirelywithin the seaward boundary of any State, theGovernor affected certifies to the Secretary that thedesignation or any of its terms is unacceptable, inwhich case the designation or the unacceptableterm shall not take effect in the area of the sanctu-ary lying within the seaward boundary of the State.

(2) Withdrawal of Designation.— If the Secre-tary considers that actions taken under paragraph (1)will affect the designation of a national marinesanctuary in a manner that the goals and objectivesof the sanctuary cannot be fulfilled, the Secretarymay withdraw the entire designation. If the Secretarydoes not withdraw the designation, only those termsof the designation or not certified under paragraph(1) shall take effect.

(3) Procedures.—(A) In computing the forty-five-day

periods of continuous session of Congresspursuant to subsection (a)(6) and paragraph (1)of this subsection—

(i) continuity of session is broken onlyby an adjournment of Congress sine die; and

(ii) the days on which either House ofCongress is not in session because of anadjournment of more than three days to aday certain are excluded.

(B) When the committee to which a jointresolution has been referred has reported such aresolution, it shall at any time thereafter be inorder to move to proceed to the consideration ofthe resolution. The motion shall be privileged

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complete information on the proposed agencyaction) recommend reasonable and prudentalternatives, which may include conduct of theaction elsewhere, which can be taken by theFederal agency in implementing the agencyaction that will protect sanctuary resources.

(3) RESPONSE TO RECOMMENDA-TIONS.—The agency head who receives theSecretary’s recommended alternatives underparagraph (2) shall promptly consult with theSecretary on the alternatives. If the agency headdecides not to follow the alternatives, the agencyhead shall provide the Secretary with a writtenstatement explaining the reasons for that deci-sion.

(e) REVIEW OF MANAGEMENT PLANS.—Not more than five years after the date of designationof any national marine sanctuary, and thereafter atintervals not exceeding five years, the Secretary shallevaluate the substantive progress toward implement-ing the management plan and goals for the sanctu-ary, especially the effectiveness of site-specificmanagement techniques, and shall revise the man-agement plan and regulations as necessary to fulfillthe purposes and policies of this title.

Sec. 305. Application of Regulations and Interna-tional Negotiations.

(a) Regulations.—This title and the regulationsissued under section 304 shall be applied in accor-dance with generally recognized principles ofinternational law, and in accordance with the treaties,conventions, and other agreements to which theUnited States is a party. No regulation shall apply toor be enforced against a person who is not a citizen,national, or resident alien of the United States, unlessin accordance with—

(1) generally recognized principles ofinternational law;

(2) an agreement between the UnitedStates and the foreign state of which theperson is a citizen; or

(3) an agreement between the UnitedStates and the flag state of a foreign vessel, ifthe person is a crewmember of the vessel.

(b) Negotiations.—The Secretary of State, inconsultation with the Secretary, shall take appropri-ate action to enter into negotiations with othergovernments to make necessary arrangements for theprotection of any national marine sanctuary and topromote the purposes for which the sanctuary isestablished.(c) INTERNATIONAL COOPERATION.—TheSecretary, in consultation with the Secretary of Stateand other appropriate Federal agencies, shall cooper-

and shall not be debatable. An amendment to themotion shall not be in order, and it shall not be inorder to move to reconsider the vote by whichthe motion was agreed to or disagreed to.

(C) This subsection is enacted by Congressas an exercise of the rulemaking power of eachHouse of Congress, respectively, and as such isdeemed a part of the rules of each House,respectively, but applicable only with respect tothe procedure to be followed in the case ofresolutions described in this subsection. Thissubsection supersedes other rules only to theextent that they are inconsistent therewith, and isenacted with full recognition of the constitutionalright of either House to change the rules (so faras those relate to the procedure of that House) atany time, in the same manner, and to the sameextent as in the case of any other rule of suchHouse.

(c) Access and Valid Rights.—(1) Nothing in this title shall be construed

as terminating or granting to the Secretary theright to terminate any valid lease, permit, license,or right of subsistence use or of access that is inexistence on the date of designation of anynational marine sanctuary.

(2) The exercise of a lease, permit, license,or right is subject to regulation by the Secretaryconsistent with the purposes for which thesanctuary is designated.

(d) INTERAGENCY COOPERATION.—(1) REVIEW OF AGENCY ACTIONS.—

(A) IN GENERAL.—Federal agencyactions internal or external to a nationalmarine sanctuary, including private activitiesauthorized by licenses, leases, or permits,that are likely to destroy, cause the loss of, orinjure any sanctuary resource are subject toconsultation with the Secretary.

(B) AGENCY STATEMENTS RE-QUIRED.— Subject to any regulations theSecretary may establish, each Federal agencyproposing an action described in subpara-graph (A) shall provide the Secretary with awritten statement describing the action andits potential effects on sanctuary resources atthe earliest practicable time, but in no caselater than 45 days before the final approval ofthe action unless such Federal agency andthe Secretary agree to a different schedule.

(2) SECRETARY’S RECOMMENDEDALTERNATIVES.—If the Secretary finds that aFederal agency action is likely to destroy, causethe loss of, or injure a sanctuary resource, theSecretary shall (within 45 days of receipt of

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ate with other governments and internationalorganizations in the furtherance of the purposes andpolicies of this title and consistent with applicableregional and multilateral arrangements for theprotection and management of special marine areas.

Sec. 306. Prohibited Activities.It is unlawful to—(1) destroy, cause the loss of, or injure any sanctuaryresource managed under law or regulations for thatsanctuary;(2) possess, sell, deliver, carry, transport, or ship byany means any sanctuary resource taken in violationof this section;(3) interfere with the enforcement of this title; or(4) violate any provision of this title or any regulationor permit issued pursuant to this title.

Sec. 307. Enforcement.(a) In General.—The Secretary shall conduct

such enforcement activities as are necessary andreasonable to carry out this title.

(b) Powers of Authorized Officers.—Anyperson who is authorized to enforce this title may—

(1) board, search, inspect, and seize anyvessel suspected of being used to violate thistitle or any regulation or permit issued underthis title and any equipment, stores, and cargoof such vessel;

(2) seize, wherever found, any sanctuaryresource taken or retained in violation of thistitle or any regulation or permit issued underthis title;

(3) seize any evidence of a violation of thistitle or of any regulation or permit issuedunder this title;

(4) execute any warrant or other processissued by any court of competent jurisdiction;and

(5) exercise any other lawful authority.(c) Civil Penalties.—

(1) Civil penalty.—Any person subject tothe jurisdiction of the United States whoviolates this title or any regulation or permitissued under this title shall be liable to theUnited States for a civil penalty of not morethan $100,000 for each such violation, to beassessed by the Secretary. Each day of acontinuing violation shall constitute aseparate violation.

(2) Notice.—No penalty shall be assessedunder this subsection until after the personcharged has been given notice and anopportunity for a hearing.

(3) In Rem Jurisdiction.—A vessel used

in violating this title or any regulation orpermit issued under this title shall be liablein rem for any civil penalty assessed for suchviolation. Such penalty shall constitute amaritime lien on the vessel and may berecovered in an action in rem in the districtcourt of the United States having jurisdictionover the vessel.

(4) Review of Civil Penalty.—Any personagainst whom a civil penalty is assessedunder this subsection may obtain review inthe United States district court for theappropriate district by filing a complaint insuch court not later than 30 days after thedate of such order.

(5) Collection of Penalties.—If anyperson fails to pay an assessment of a civilpenalty under this section after it has becomea final and unappealable order, or after theappropriate court has entered final judgmentin favor of the Secretary, the Secretary shallrefer the matter to the Attorney General, whoshall recover the amount assessed in anyappropriate district court of the UnitedStates. In such action, the validity andappropriateness of the final order imposingthe civil penalty shall not be subject toreview.

(6) Compromise or Other Action bySecretary.—The Secretary may compromise,modify, or remit, with or without conditions,any civil penalty which is, or may be, im-posed under this section.

(d) Forfeiture.—(1) In General.—Any vessel (including

the vessel’s equipment, stores, and cargo)and other item used, and any sanctuaryresource taken or retained, in any manner, inconnection with, or as a result of, any viola-tion of this title or of any regulation orpermit issued under this title shall be subjectto forfeiture to the United States pursuant toa civil proceeding under this subsection. Theproceeds from forfeiture actions under thissubsection shall constitute a separate recov-ery in addition to any amounts recovered ascivil penalties under this section or as civildamages under section 312. None of thoseproceeds shall be subject to set-off.

(2) Application of the Customs Laws.—The Secretary may exercise the authority ofany United States official granted by anyrelevant customs law relating to the seizure,forfeiture, condemnation, disposition,remission, and mitigation of property inenforcing this title.

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(3) Disposal of Sanctuary Resources.—Any sanctuary resource seized pursuant tothis title may be disposed of pursuant to anorder of the appropriate court or, if perish-able, in a manner prescribed by regulationspromulgated by the Secretary. Any proceedsfrom the sale of such sanctuary resource shallfor all purposes represent the sanctuaryresource so disposed of in any subsequentlegal proceedings.

(4) Presumption.—For the purposes ofthis section there is a rebuttable presumptionthat all sanctuary resources found onboard avessel that is used or seized in connectionwith a violation of this title or of any regula-tion or permit issued under this title weretaken or retained in violation of this title orof a regulation or permit issued under thistitle.

(e) Payment of Storage, Care, and OtherCosts.—

(1) EXPENDITURES.—(A) Notwithstanding any other law,

amounts received by the United States ascivil penalties, forfeitures of property, andcosts imposed under paragraph (2) shall beretained by the Secretary in the mannerprovided for in section 107(f)(1) of theComprehensive Environmental Response,Compensation, and Liability Act.

(B) Amounts received under thissection for forfeitures and costs imposedunder paragraph (2) shall be used to pay thereasonable and necessary costs incurred bythe Secretary to provide temporary storage,care, maintenance, and disposal of anysanctuary resource or other property seizedin connection with a violation of this title orany regulation or permit issued under thistitle.

(C) Amounts received under thissection as civil penalties and any amountsremaining after the operation of subpara-graph (B) shall be used, in order of priority,to—

(i) manage and improve the nationalmarine sanctuary with respect to which theviolation occurred that resulted in thepenalty or forfeiture;

(ii) pay a reward to any person whofurnishes information leading to an assess-ment of a civil penalty, or to a forfeiture ofproperty, for a violation of this title or anyregulation or permit issued under this title;and

(iii) manage and improve any othernational marine sanctuary.

(2) Liability for Costs.—Any personassessed a civil penalty for a violation of this titleor of any regulation or permit issued under thistitle, and any claimant in a forfeiture actionbrought for such a violation, shall be liable forthe reasonable costs incurred by the Secretary instorage, care, and maintenance of any sanctuaryresource or other property seized in connectionwith the violation.

(f) Subpoenas.—In the case of any hearingunder this section which is determined on the recordin accordance with the procedures provided forunder section 554 of title 5, United States Code, theSecretary may issue subpoenas for the attendanceand testimony of witnesses and the production ofrelevant papers, books, and documents, and mayadminister oaths.

(g) Use of Resources of State and Other FederalAgencies.—The Secretary shall, whenever appropri-ate, use by agreement the personnel, services, andfacilities of State and other Federal departments,agencies, and instrumentalities, on a reimbursable ornonreimbursable basis, to carry out the Secretary’sresponsibilities under this section.

(h) Coast Guard Authority Not Limited.—Nothing in this section shall be considered to limitthe authority of the Coast Guard to enforce this orany other Federal law under section 89 of title 14,United States Code.

(i) Injunctive Relief.—If the Secretary deter-mines that there is an imminent risk of destruction orloss of or injury to a sanctuary resource, or that therehas been actual destruction or loss of, or injury to, asanctuary resource which may give rise to liabilityunder section 312, the Attorney General, uponrequest of the Secretary, shall seek to obtain suchrelief as may be necessary to abate such risk or actualdestruction, loss, or injury, or to restore or replace thesanctuary resource, or both. The district courts of theUnited States shall have jurisdiction in such a case toorder such relief as the public interest and theequities of the case may require.

(J) Area of Application and Enforceability.—Thearea of application and enforceability of this titleincludes the territorial sea of the United States, asdescribed in Presidential Proclamation 5928 ofDecember 27, 1988, which is subject to the sover-eignty of the United States, and the United States'exclusive economic zone, consistent with interna-tional law.

Sec. 308. Severability.If any provision of this Act or the application

thereof to any person or circumstances is held

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invalid, the validity of the remainder of this Act andof the application of such provision to other personsand circumstances shall not be affected thereby.

SEC. 309. Research, Monitoring, and Education.(a) IN GENERAL.—The Secretary shall conduct

research, monitoring, evaluation, and educationprograms as are necessary and reasonable to carryout the purposes and policies of this title.

(b) PROMOTION AND COORDINATION OFSANCTUARY USE.—The Secretary shall take suchaction as is necessary and reasonable to promote andcoordinate the use of national marine sanctuaries forresearch, monitoring, and education purposes. Suchaction may include consulting with Federal agencies,States, local governments, regional agencies, inter-state agencies, or other persons to promote use of oneor more sanctuaries for research, monitoring, andeducation, including coordination with the NationalEstuarine Research Reserve System.

Sec. 310. Special Use Permits.(a) Issuance of Permits.—The Secretary may

issue special use permits which authorize the con-duct of specific activities in a national marine sanctu-ary if the Secretary determines such authorization isnecessary—

(1) to establish conditions of access to anduse of any sanctuary resource; or

(2) to promote public use and understand-ing of a sanctuary resource.

(b) Permit Terms.—A permit issued under thissection—

(1) shall authorize the conduct of anactivity only if that activity is compatible withthe purposes for which the sanctuary is desig-nated and with protection of sanctuary resources;

(2) shall not authorize the conduct of anyactivity for a period of more than five yearsunless renewed by the Secretary;

(3) shall require that activities carried outunder the permit be conducted in a manner thatdoes not destroy, cause the loss of, or injuresanctuary resources; and

(4) shall require the permittee to purchaseand maintain comprehensive general liabilityinsurance against claims arising out of activitiesconducted under the permit, and to agree to holdthe United States harmless against such claims.

(c) Fees.—(1) Assessment and Collection.—The

Secretary may assess and collect fees for theconduct of any activity under a permit issuedunder this section.

(2) Amount.—The amount of a fee underthis subsection shall be equal to the sum of—

(A) costs incurred, or expected to beincurred, by the Secretary in issuing thepermit;

(B) costs incurred, or expected to beincurred, by the Secretary as a direct result ofthe conduct of the activity for which thepermit is issued, including costs of monitor-ing the conduct of the activity; and

(C) an amount which represents thefair market value of the use of the sanctuaryresource and a reasonable return to theUnited States government.

(3) Use of Fees.—Amounts collected by theSecretary in the form of fees under this sectionmay be used by the Secretary—

(A) for issuing and administeringpermits under this section; and

(B) for expenses of designating andmanaging national marine sanctuaries.

(d) Violations.—Upon violation of a term orcondition of a permit issued under this section, theSecretary may—

(1) suspend or revoke the permit withoutcompensation to the permittee and withoutliability to the United States;

(2) assess a civil penalty in accordance withsection 307; or

(3) both.(e) Reports.—Each person issued a permit

under this section shall submit an annual report tothe Secretary not later than December 31 of each yearwhich describes activities conducted under thatpermit and revenues derived from such activitiesduring the year.

(f) Fishing.—Nothing in this section shall beconsidered to require a person to obtain a permitunder this section for the conduct of any fishingactivities in a national marine sanctuary.

SEC. 311. Cooperative Agreements, Donations,And Acquisitions.

(a) COOPERATIVE AGREEMENTS, GRANTS,AND OTHER AGREEMENTS.—The Secretary mayenter into cooperative agreements, financial agree-ments, grants, contracts, or other agreements withStates, local governments, regional agencies, inter-state agencies, or other persons to carry out thepurposes and policies of this title.

(b) AUTHORIZATION TO SOLICIT DONA-TIONS.—The Secretary may enter into such agree-ments with any nonprofit organization authorizingthe organization to solicit private donations to carryout the purposes and policies of this title.

(c) DONATIONS.—The Secretary may acceptdonations of funds, property, and services for use indesignating and administering national marine

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sanctuaries under this title. Donations acceptedunder this section shall be considered as a gift orbequest to or for the use of the United States.

(d) ACQUISITIONS.—The Secretary mayacquire by purchase, lease, or exchange, any land,facilities, or other property necessary and appropri-ate to carry out the purposes and policies of this title

SEC. 312. Destruction Or Loss Of, Or Injury To,Sanctuary Resources.

(a) Liability for Interest.—(1) Liability to the United States.—

(A) IN GENERAL— Any person whodestroys, causes the loss of, or injures anysanctuary resource is liable to the UnitedStates for an amount equal to the sum of—(i) the amount of response costs and dam-ages resulting from the destruction, loss, orinjury; and(ii) interests on that amount calculated in themanner described under section 1005 of theOil Pollution Act of 1990.

(2) Liability In Rem.—Any vessel used todestroy, cause the loss of, or injure any sanctuaryresource shall be liable in rem to the UnitedStates for response costs and damages resultingfrom such destruction, loss, or injury. Theamount of that liability shall constitute a mari-time lien on the vessel, and may be recovered inan action in rem in the district court of theUnited States having jurisdiction over the vessel.

(3) Defenses.—A person is not liable underthis subsection if that person establishes that—

(A) the destruction or loss of, or injuryto, the sanctuary resource was caused solelyby an act of God, an act of war, or an act oromission of a third party, and the personacted with due care;

(B) the destruction, loss, or injury wascaused by an activity authorized by Federalor State law; or

(C) the destruction, loss, or injury wasnegligible.

(4) Limits to Liability.— Nothing in sec-tions 4281–4289 of the Revised Statutes of theUnited States or section 3 of the Act of February13, 1893 shall limit the liability of any personunder this title.

(b) Response Actions And Damage Assess-ment.—

(1) Response Actions.—The Secretary mayundertake or authorize all necessary actions toprevent or minimize the destruction or loss of, orinjury to, sanctuary resources, or to minimize theimminent risk of such destruction, loss, or injury.

(2) Damage Assessment.—The Secretaryshall assess damages to sanctuary resources inaccordance with section 302(6).

(c) Civil Actions For Response Costs AndDamages.—The Attorney General, upon request ofthe Secretary, may commence a civil action in theUnited States district court for the appropriatedistrict against any person or vessel who may beliable under subsection (a) for response costs anddamages. The Secretary, acting as trustee for sanctu-ary resources for the United States, shall submit arequest for such an action to the Attorney Generalwhenever a person may be liable for such costs ordamages.

(d) Use Of Recovered Amounts.—Responsecosts and damages recovered by the Secretary underthis section shall be retained by the Secretary in themanner provided for in section 107(f)(1) of theComprehensive Environmental Response, Compen-sation, and Liability Act (42 U.S.C. 9607(f)(1)), andused as follows:

(1) Response Costs And Damage Assess-ments.— Twenty percent of amounts recoveredunder this section, up to a maximum balance of$750,000, shall be used to finance responseactions and damage assessments by the Secre-tary.

(2) Restoration, Replacement, Manage-ment, And Improvement.—Amounts remainingafter the operation of paragraph (1) shall be used,in order of priority—

(A) to restore, replace, oracquire the equivalent of the sanctu-ary resources which were the subjectof the action;

(B) to manage and improve thenational marine sanctuary withinwhich are located the sanctuaryresources which were the subject ofthe action; and

(C) to manage and improveany other national marine sanctuary.

(3) Federal-State Coordination.—Amountsrecovered under this section with respect tosanctuary resources lying within the jurisdictionof a State shall be used under paragraphs (2)(A)and (B) in accordance with the court decree orsettlement agreement and an agreement enteredinto by the Secretary and the Governor of thatState.

Sec. 313. Authorization Of Appropriations.There are authorized to be appropriated to the

Secretary to carry out this title the following:(A) $8,000,000 for fiscal year 1993;

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Sec. 315. Advisory Councils.(a) ESTABLISHMENT.—The Secretary may

establish one or more advisory councils (in thissection referred to as an "Advisory Council") toprovide assistance to the Secretary regarding thedesignation and management of national marinesanctuaries. The Advisory Councils shall be exemptfrom the Federal Advisory Committee Act.

(b) MEMBERSHIP.—Members of the AdvisoryCouncils may be appointed from among—

(1) persons employed by Federal or Stateagencies with expertise in management ofnatural resources;

(2) members of relevant Regional FisheryManagement Councils established under section302 of the Magnuson Fishery Conservation andManagement Act; and

(3) representatives of local user groups,conservation and other public interest organiza-tions, scientific organizations, educationalorganizations, or others interested in the protec-tion and multiple use management of sanctuaryresources.

(c) LIMITS ON MEMBERSHIP.—For sanctuar-ies designated after the date of enactment of theNational Marine Sanctuaries Program AmendmentsAct of 1992, the membership of Advisory Councilsshall be limited to no more than 15 members.

(d) STAFFING AND ASSISTANCE.—TheSecretary may make available to an Advisory Coun-cil any staff, information, administrative services, orassistance the Secretary determines are reasonablyrequired to enable the Advisory Council to carry outits functions.

(e) PUBLIC PARTICIPATION AND PROCE-DURAL MATTERS.—The following guidelines applywith respect to the conduct of business meetings ofan Advisory Council:

(1) Each meeting shall be open to thepublic, and interested persons shall be permittedto present oral or written statements on items onthe agenda.

(2) Emergency meetings may be held at thecall of the chairman or presiding officer.

(3) Timely notice of each meeting, includ-ing the time, place, and agenda of the meeting,shall be published locally and in the FederalRegister.

(4) Minutes of each meeting shall be keptand contain a summary of the attendees andmatters discussed.

(B) $12,500,000 for fiscal year 1994;(C) $15,000,000 for fiscal year 1995; and(D) $20,000,000 for fiscal year 1996.

Sec. 314. U.S.S. Monitor Artifacts and Materials.(a) Congressional Policy. — In recognition of

the historical significance of the wreck of the UnitedStates ship Monitor to coastal North Carolina and tothe area off the coast of North Carolina known as theGraveyard of the Atlantic, the Congress directs that asuitable display of artifacts and materials from theUnited States ship Monitor be maintained perma-nently at an appropriate site in coastal North Caro-lina. [P.L. 102–587 designated Hatteras Village, NC,as this site.]

(b) Interpretation And Display Of Artifacts.—(1) Submission Of Plan. — The Secretary

shall, within six months after the date of theenactment of this section, submit to the Commit-tee on Merchant Marine and Fisheries of theHouse of Representatives a plan for a suitabledisplay in coastal North Carolina of artifacts andmaterials of the United States ship Monitor.

(2) Contents Of Plan.—The plan submittedunder subsection (a) shall, at a minimum,contain—

(A) an identification of appropriatesites in coastal North Carolina, either existingor proposed, for display of artifacts andmaterials of the United States ship Monitor;

(B) an identification of suitable artifactsand materials, including artifacts recoveredor proposed for recovery, for display incoastal North Carolina;

(C) an interpretive plan for the artifactsand materials which focuses on the sinking,discovery, and subsequent management ofthe wreck of the United States ship Monitor;and

(D) a draft cooperative agreement withthe State of North Carolina to implement theplan.

(c) Disclaimer. —This section shall not affect thefollowing:

(1) Responsibilities Of Secretary.—Theresponsibilities of the Secretary to providefor the protection, conservation, and displayof artifacts and materials from the UnitedStates ship Monitor.

(2) Authority Of Secretary.—Theauthority of the Secretary to designate theMariner’s Museum, located at NewportNews, Virginia, as the principal museum forcoordination of activities referred to inparagraph (1).

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(8) The agencies of the United States mustcooperate fully to achieve the necessary protection ofsanctuary resources.

(9) The Federal Government and the State ofFlorida should jointly develop and implement acomprehensive program to reduce pollution in thewaters offshore the Florida Keys to protect andrestore the water quality, coral reefs, and other livingmarine resources of the Florida Keys environment.

POLICY AND PURPOSE

SEC. 3.(a) POLICY.—It is the policy of theUnited States to protect and preserve living andother resources of the Florida Keys marine environ-ment.

(b) PURPOSE.—The purpose of this Act is toprotect the resources of the area described in section5(b), to educate and interpret for the public regardingthe Florida Keys marine environment, and to managesuch human uses of the Sanctuary consistent withthis Act. Nothing in this Act is intended to restrictactivities that do not cause an adverse effect to theresources or property of the Sanctuary or that do notpose harm to users of the Sanctuary.

DEFINITION

SEC. 4. As used in this Act, the term “adverseeffect” means any factor, force, or action that wouldindependently or cumulatively damage, diminish,degrade, impair, destroy, or otherwise harm—

(l) any sanctuary resource, as definedin section 302(8) of the Marine Protection,Research, and Sanctuaries Act of 1972 (16U.S.C. 1432(8)); or

(2) any of those qualities, values, orpurposes for which the Sanctuary is desig-nated.

SANCTUARY DESIGNATION

SEC. 5.(a) DESIGNATION.—The area de-scribed in subsection (b) is designated as the FloridaKeys National Marine Sanctuary (in this Act referredto as the “Sanctuary”) under title III of the MarineProtection, Research, and Sanctuaries Act of 1972 (16U.S.C. 1431 et seq.). The Sanctuary shall be managedand regulations enforced under all applicable provi-sions of such title III as if the Sanctuary had beendesignated under such title.

The Florida Keys National Marine Sanctuary and Protection Act

Public Law 101–605 (H.R. 5909)

SECTION 1. SHORT TITLE. This Act may becited as the "Florida Keys National Marine Sanctuaryand Protection Act."

SEC. 2. FINDINGS. The Congress finds anddeclares the following:

(l) The Florida Keys extend approximately 220miles southwest from the southern tip of the Floridapeninsula.

(2) Adjacent to the Florida Keys land mass arelocated spectacular, unique, and nationally signifi-cant marine environments, including seagrassmeadows, mangrove islands, and extensive livingcoral reefs.

(3) These marine environments support richbiological communities possessing extensive conser-vation, recreational, commercial, ecological, histori-cal, research, educational, and esthetic values whichgive this area special national significance.

(4) These environments are the marine equiva-lent of tropical rain forests in that they support highlevels of biological diversity, are fragile and easilysusceptible to damage from human activities, andpossess high value to human beings if properlyconserved.

(5) These marine environments are subject todamage and loss of their ecological integrity from avariety of sources of disturbance.

(6) Vessel groundings along the reefs of theFlorida Keys represent one of many serious threats tothe continued vitality of the marine environments ofthe Florida Keys which must be addressed in order toprotect their values.

(7) Action is necessary to provide comprehen-sive protection for these marine environments byestablishing a Florida Keys National Marine Sanctu-ary, by restricting vessel traffic within such Sanctu-ary, and by requiring promulgation of a managementplan and regulations to protect sanctuary resources.


north latitude, 80 degrees 52 minuteswest longitude,

(iv) 24 degrees 30 minutesnorth latitude, 81 degrees 23 minuteswest longitude,

(v) 24 degrees 25 minutesnorth latitude, 81 degrees 50 minuteswest longitude,

(vi) 24 degrees 22 minutesnorth latitude, 82 degrees 48 minuteswest longitude,

(vii) 24 degrees 37 minutesnorth latitude, 83 degrees 6 minuteswest longitude,

(viii) 24 degrees 40 minutesnorth latitude, 83 degrees 6 minuteswest longitude,

(ix) 24 degrees 46 minutesnorth latitude, 82 degrees 54 minuteswest longitude,

(x) 24 degrees 44 minutesnorth latitude, 81 degrees 55 minuteswest longitude,

(xi) 24 degrees 51 minutesnorth latitude, 81 degrees 26 minuteswest longitude, and

(xii) 24 degrees 55 minutesnorth latitude, 80 degrees 56 minuteswest longitude;

(E) then follows the boundary ofEverglades National Park in a southerly thennortheasterly direction through Florida Bay,Buttonwood Sound, Tarpon Basin, andBlackwater Sound;

(F) after Division Point, then departsfrom the boundary of Everglades NationalPark and follows the western shoreline ofManatee Bay, Barnes Sound, and CardSound;

(G) then follows the southern bound-ary of Biscayne National Park and thenorthern boundary of Key Largo NationalMarine Sanctuary to the southeasternmostpoint of Biscayne National Park; and

(H) then follows the eastern boundaryof the Biscayne National Park to the begin-ning point specified in subparagraph (A).

(c) AREAS WITHIN STATE OF FLORIDA.—The designation under subsection (a) shall not takeeffect for any area located within the waters of theState of Florida if, not later than 45 days after thedate of enactment of this Act, the Governor of theState of Florida objects in writing to the Secretary ofCommerce.

(b) AREA INCLUDED.—(1) Subject to subsec-tions (c) and (d), the area referred to in subsection (a)consists of all submerged lands and waters, includingliving marine and other resources within and onthose lands and waters, from the mean high watermark to the boundary described under paragraph (2),with the exception of areas within the Fort JeffersonNational Monument. The Sanctuary shall be gener-ally identified and depicted on National Oceanic andAtmospheric Administration charts FKNMS 1 and 2,which shall be maintained on file and kept availablefor public examination during regular business hoursat the Office of Ocean and Coastal Resource Manage-ment of the National Oceanic and AtmosphericAdministration and which shall be updated to reflectboundary modifications under this section.

(2) The boundary referred to in paragraph(1)—

(A) begins at the northeasternmostpoint of Biscayne National Park located atapproximately 25 degrees 39 minutes northlatitude, 80 degrees 5 minutes west longi-tude, then runs eastward to the 300-footisobath located at approximately 25 degrees39 minutes north latitude, 80 degrees 4minutes west longitude;

(B) then runs southward and connectsin succession the points at the followingcoordinates:

(i) 25 degrees 34 minutes northlatitude, 80 degrees 4 minutes westlongitude,

(ii) 25 degrees 28 minutesnorth latitude, 80 degrees 5 minuteswest longitude, and

(iii) 25 degrees 21 minutesnorth latitude, 80 degrees 7 minuteswest longitude;

(C) then runs southward to the north-eastern corner of the existing Key LargoNational Marine Sanctuary located at 25degrees 16 minutes north latitude, 80 degrees8 minutes west longitude;

(D) then runs southwesterly approxi-mating the 300-foot isobath and connects insuccession the points at the followingcoordinates:

(i) 25 degrees 7 minutes northlatitude, 80 degrees 13 minutes westlongitude,

(ii) 24 degrees 57 minutesnorth latitude, 80 degrees 21 minuteswest longitude,

(iii) 24 degrees 39 minutes

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(d) BOUNDARY MODIFICATIONS.—No laterthan the issuance of the draft environmental impactstatement for the Sanctuary under section 304(a) (1)(C) (vii) of the Marine Protection, Research, andSanctuaries Act of 1972 (16 U.S.C. 1434(a) (1) (C)(vii)), in consultation with the Governor of the Stateof Florida, if appropriate, the Secretary of Commercemay make minor modifications to the boundaries ofthe Sanctuary as necessary to properly protectsanctuary resources. The Secretary of Commerceshall submit to the Committee on Commerce, Sci-ence, and Transportation of the Senate and theCommittee on Merchant Marine and Fisheries of theHouse of Representatives a written notification ofsuch modifications. Any boundary modificationmade under this subsection shall be reflected on thecharts referred to in subsection (b) (l).

PROHIBITION OF CERTAIN USES

SEC. 6.(a) VESSEL TRAFFIC.—(1) Consistentwith generally recognized principles of internationallaw, a person may not operate a tank vessel (as thatterm is defined in section 2101 of title 46, UnitedStates Code) or a vessel greater than 50 meters inlength in the Area to Be Avoided described in theFederal Register notice of May 9, 1990 (55 Fed. Reg.19418-19419).

(2) The prohibition in paragraph (l) shall notapply to necessary operations of public vessels. Forthe purposes of this paragraph, necessary operationsof public vessels shall include operations essential fornational defense, law enforcement, and responses toemergencies that threaten life, property, or theenvironment.

(3) The provisions of paragraphs (l) and (2),including the area in which vessel operations areprohibited under paragraph (1), may be modified byregulations issued jointly by the Secretary of thedepartment in which the Coast guard is operatingand the Secretary of Commerce.

(4) This subsection shall be effective on theearliest of the following:

(A) the date that is six months after thedate of enactment of this Act,

(B) the date of publication of a noticeto mariners consistent with this section, or

(C) the date of publication of newnautical charts consistent with this section.

(b) MINERAL AND HYDROCARBON LEAS-ING, EXPLORATION, DEVELOPMENT, ANDPRODUCTION.—No leasing, exploration, develop-ment, or production or minerals or hydrocarbonsshall be permitted within the Sanctuary.

COMPREHENSIVE MANAGEMENT PLAN

SEC. 7.(a) PREPARATION OF PLAN.—TheSecretary of Commerce, in consultation with appro-priate Federal, State, and local government authori-ties and with the Advisory Council established undersection 208, shall develop a comprehensive manage-ment plan and implementing regulations to achievethe policy and purpose of this Act. The Secretary ofCommerce shall complete such comprehensivemanagement plan and final regulations for theSanctuary not later than 30 months after the date ofenactment of this Act. In developing the plan andregulations, the Secretary of Commerce shall followthe procedures specified in sections 303 and 304 ofthe Marine Protection, Research, and Sanctuaries Actof 1972 (16 U.S.C. 1433 and 1434), except thoseprocedures requiring the delineation of Sanctuaryboundaries and development of a resource assess-ment report. Such comprehensive management planshall—

(l) facilitate all public and private usesof the Sanctuary consistent with the primaryobjective of Sanctuary resource protection;

(2) consider temporal and geographicalzoning, to ensure protection of sanctuaryresources;

(3) incorporate regulations necessaryto enforce the elements of the comprehensivewater quality protection program developedunder section 8 unless the Secretary ofCommerce determines that such programdoes not meet the purpose for which theSanctuary is designated or is otherwiseinconsistent or incompatible with the com-prehensive management plan developedunder this section;

(4) identify priority needs for researchand amounts needed to—

(A) improve management of theSanctuary, and in particular, the coral reefecosystem within the Sanctuary; and

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(B) identify clearly the cause andeffect relationships between factors threaten-ing the health of the coral reef ecosystem inthe Sanctuary;

(5) establish a long-term ecologicalmonitoring program and database, includingmethods to disseminate information on themanagement of the coral reef ecosystem.

(6) identify alternative sources offunding needed to fully implement theplan’s provisions and supplement appropria-tions under section 9 of this Act and section313 of the Marine Protection, Research, andSanctuaries Act of 1972 (16 U.S.C. 1444).

(7) ensure coordination and coopera-tion between Sanctuary managers and otherFederal, State, and local authorities withjurisdiction within or adjacent to the Sanctu-ary;

(8) promote education, among users ofthe Sanctuary, about coral reef conservationand navigational safety; and

(9) incorporate the existing Looe Keyand Key Largo National Marine Sanctuariesinto the Florida Keys National MarineSanctuary except that Looe Key and KeyLargo Sanctuaries shall continue to beoperated until completion of the comprehen-sive management plan for the Florida KeysSanctuary.

(b) PUBLIC PARTICIPATION.—The Secretaryof Commerce shall provide for participation by thegeneral public in development of the comprehensivemanagement plan.

(c) TERMINATION OF STUDIES.—On thedate of enactment of this Act, all congressionallymandated studies of existing areas in the FloridaKeys for designation as National Marine Sanctuariesshall be terminated.

FLORIDA KEYS WATER QUALITY

SEC. 8.(a) WATER QUALITY PROTECTIONPROGRAM.—(1) Not later than 18 months after thedate of enactment of this Act, the Administrator ofthe Environmental Protection Agency and theGovernor of the State of Florida, in consultation withthe Secretary of Commerce, shall develop a compre-

hensive water quality protection program for theSanctuary. If the Secretary of Commerce determinesthat such comprehensive water quality protectionprogram does not meet the purpose for which theSanctuary is designated or is otherwise inconsistentor incompatible with the comprehensive manage-ment plan prepared under section 7, such waterquality program shall not be included in the compre-hensive management plan. The purposes of suchwater quality program shall be to—

(A) recommend priority correctiveactions and compliance schedules addressingpoint and nonpoint sources of pollution torestore and maintain the chemical, physical,and biological integrity of the Sanctuary,including restoration and maintenance of abalanced, indigenous population of corals,shellfish, fish and wildlife, and recreationalactivities in and on the water; and

(B) assign responsibilities for theimplementation of the program among theGovernor, the Secretary of Commerce, andthe Administrator in accordance withapplicable Federal and State laws.

(2) The program required by paragraph (l)shall, under applicable Federal and State laws,provide for measures to achieve the purposes de-scribed under paragraph (1), including—

(A) adoption or revision, underapplicable Federal and State laws, by theState and the Administrator of applicablewater quality standards for the Sanctuary,based on water quality criteria which mayutilize biological monitoring or assessmentmethods, to assure protection and restorationof the water quality, coral reefs, and otherliving marine resources of the Sanctuary;

(B) adoption under applicable Federaland State laws of enforceable pollutioncontrol measures (including water quality-based effluent limitations and best manage-ment practices) and methods to eliminate orreduce pollution from point and nonpointsources;

(C) establishment of a comprehensivewater quality monitoring program to (i)determine the sources of pollution causing orcontributing to existing or anticipatedpollution problems in the Sanctuary, (ii)

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evaluate the effectiveness of efforts to reduceor eliminate those sources of pollution, and(iii) evaluate progress toward achieving andmaintaining water quality standards andtoward protecting and restoring the coralreefs and other living marine resources of theSanctuary;

(D) provision of adequate opportunityfor public participation in all aspects ofdeveloping and implementing the program;and

(E) identification of funding forimplementation of the program, includingappropriate Federal and State cost sharingarrangements.

(b) COMPLIANCE AND ENFORCEMENT.—The Administrator of the Environmental ProtectionAgency, the Secretary of Commerce, and the Gover-nor of the State of Florida shall ensure compliancewith the program required by this section, consistentwith applicable Federal and State laws.

(c) CONSULTATION.—In the developmentand implementation of the program required byparagraph (1), appropriate State and local govern-ment officials shall be consulted.

(d) IMPLEMENTATION.—(1) The Administrator of the Environmental

Protection Agency and the Governor of the State ofFlorida shall implement the program required by thissection, in cooperation with the Secretary of Com-merce.

(2)(A) The Regional Administrator of theEnvironmental Protection Agency shall with theGovernor of the State of Florida establish a SteeringCommittee to set guidance and policy for the devel-opment and implementation of such program.Membership shall include representatives of theEnvironmental Protection Agency, the National ParkService, the United States Fish and Wildlife Service,the Army Corps of Engineers, the National Oceanicand Atmospheric Administration, the FloridaDepartment of Community Affairs, the FloridaDepartment of Environmental Regulation, the SouthFlorida Water Management District, and the FloridaKeys Aqueduct Authority; three individuals in localgovernment in the Florida Keys; and three citizensknowledgeable about such program.

(B) The Steering Committee shall, on abiennial basis, issue a report to Congress that—

(i) summarizes the progress of the program;(ii) summarizes any modifications to the

program and its recommended actions andplans; and(iii) incorporates specific recommendationsconcerning the implementation of theprogram.(C) The Administrator of the Environmental

Protection Agency and the Administrator of theNational Oceanic and Atmospheric Administrationshall cooperate with the Florida Department ofEnvironmental Regulation to establish a TechnicalAdvisory Committee to advise the Steering Commit-tee and to assist in the design and prioritization ofprograms for scientific research and monitoring. TheTechnical Advisory Committee shall be composed ofscientists from federal agencies, State agencies,academic institutions, private non-profit organiza-tions, and knowledgeable citizens.

(3)(A) The Regional Administrator of theEnvironmental Protection Agency shall appoint aFlorida Keys Liaison Officer. The Liaison Officer,who shall be located within the State of Florida, shallhave the authority and staff to—

(i) assist and support the implementationof the program required by this section, includ-ing administrative and technical support for theSteering Committee and Technical AdvisoryCommittee;

(ii) assist and support local, State, andFederal agencies in developing and implement-ing specific action plans designed to carry outsuch program;

(iii) coordinate the actions of the Environ-mental Protection Agency with other Federalagencies, including the National Oceanic andAtmospheric Administration and the NationalPark Service, and State and local authorities, indeveloping strategies to maintain, protect, andimprove water quality in the Florida Keys;

(iv) collect and make available to thepublic publications, and other forms of informa-tion that the Steering Committee determines tobe appropriate, related to the water quality in thevicinity of the Florida Keys; and

(v) provide for public review and commenton the program and implementing actions.

(4)(A) There are authorized to be appropri-ated to the Administrator of the EnvironmentalProtection Agency $2,000,000 for fiscal year 1993,$3,000,000 for fiscal year 1994, and $4,000,000 forfiscal year 1995, for the purpose of carrying out thissection.

(B) There are authorized to be appropriatedto the Secretary of Commerce $300,000 for fiscal year1993, $400,000 for fiscal year 1994, and $500,000 forfiscal year 1995, for the purpose of enabling the

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National Oceanic and Atmospheric Administrationto carry out this section.

(C) Amounts appropriated under thisparagraph shall remain available until expended.

(D) No more than 15 percent of the amountauthorized to be appropriated under subparagraph(A) for any fiscal year may be expended in that fiscalyear on administrative expense.

ADVISORY COUNCIL

SEC. 9.(a) ESTABLISHMENT.—The Secretaryof Commerce, in consultation with the Governor ofthe State of Florida and the Board of County Com-missioners of Monroe County, Florida, shall establishan Advisory Council to assist the Secretary in thedevelopment and implementation of the comprehen-sive management plan for the Sanctuary.

(b) MEMBERSHIP.—Members of the AdvisoryCouncil may be appointed from among (l) Sanctuarymanagers, (2) members of other government agencieswith overlapping management responsibilities forthe Florida Keys marine environment, and (3)representatives of local industries, commercial users,conservation groups, the marine scientific andeducational community, recreational user groups, orthe general public.

(c) EXPENSES.—Members of the AdvisoryCouncil shall not be paid compensation for theirservice as members and shall not be reimbursed foractual and necessary traveling and subsistenceexpenses incurred by them in the performance oftheir duties as such members.

(d) ADMINISTRATION.—The AdvisoryCouncil shall elect a chairperson and may establishsubcommittees, and adopt bylaws, rules, and suchother administrative requirements and procedures asare necessary for the administration of its functions.

(e) STAFFING AND OTHER ASSISTANCE.—The Secretary of Commerce shall make available tothe Advisory Council such staff, information, andadministrative services and assistance as the Secre-tary of Commerce determines are reasonably re-quired to enable the Advisory Council to carry out itsfunctions.

AUTHORIZATION OF APPROPRIATIONS

SEC. 10.(a) AUTHORIZATION FOR SECRE-TARY OF COMMERCE.—Section 313(2) (C) of theMarine Protection, Research, and Sanctuaries Act of

1972 (16 U.S.C. 1444(2) (C)) is amended by striking“$3,000,000” and inserting in lieu thereof“$4,000,000."

(b) AUTHORIZATION FOR EPA ADMINIS-TRATOR.—There are authorized to be appropriatedto the Administrator of the Environmental ProtectionAgency $750,000 for each of the fiscal years 1991 and1992.

(c) REPORT.—The Secretary of Commerceshall, not later than March 1, 1991, submit to theCommittee on Commerce, Science, and Transporta-tion of the Senate and the Committee on MerchantMarine and Fisheries of the House of Representativesa report on the future requirements for funding theSanctuary through fiscal year 1999 under title III ofthe Marine Protection, Research, and Sanctuaries Actof 1972 (16 U.S.C. 14321 et seq.).

Approved November 16, 1990.

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Appendix B. Core Group /Sanctuary Advisory Council/Strategy Working Group Members

B-1

U.S. Environmental Protection Agency

Fred McManusWater Management DivisionWetlands, Oceans and Watersheds BranchCoastal Programs SectionAtlanta, GA

U.S. Department of Interior

National Park Service

Skip SnowEverglades National ParkSouth Florida Research CenterHomestead, FL

U.S. Fish and Wildlife Service

Jon AndrewU.S. Fish & Wildlife ServiceNational Key Deer RefugeBig Pine Key, FL

State of Florida

Executive Office of the Governor

Paula AllenOffice of Environmental AffairsTallahassee, FL

Debbie TuckerOffice of Environmental AffairsTallahassee, FL

Department of Community Affairs

Ralph CantralCoastal Zone Management ProgramTallahassee, FL

Toy LivingstonBureau of State PlanningTallahassee, FL

Core Group

Federal



Daniel J. BastaNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD

James A. BohnsackNational Marine Fisheries ServiceSoutheast Fisheries CenterMiami, FL

Billy D. CauseyNational Ocean ServiceOffice of Ocean and Coastal Resource ManagementFlorida Keys National Marine SanctuaryMarathon, FL

Brett JosephOffice of the General Counsel for Ocean ServicesSilver Spring, MD

C. John KleinNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD

Edward H. LindelofNational Ocean ServiceOffice of Ocean and Coastal Resource ManagementSanctuaries and Reserves DivisionSilver Spring, MD

Maureen A. WarrenNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD


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Department of Environmental Protection

Dana BryanDivision of Recreation and ParksTallahassee, FL

Ken HaddadFlorida Marine Research InstituteSt. Petersburg, FL

Peggy MathewsCoastal Management ProgramTallahassee, FL

Danny RileyBureau of Sanctuaries & Research ReservesTallahassee, FL

South Florida Water Management District

Jim SmithSouth Florida Water Management DistrictMarathon, FL

Monroe County

Growth Management Division

George GarrettMarine Resources DepartmentKey West, FL

Plan Review Teams

Primary Review Team

Edward Lindelof, NOAA/OCRMBilly Causey, FKNMSOle Varmer, NOAA/General CounselJune Cradick, FKNMSGeorge P. Schmahl, State of Florida/FKNMSBenjamin Haskell, FKNMSRebecca Smith, FKNMSPaul Moen, FKNMSMichael Weiss, NOAA/General Counsel

Extended Review Team

Jim Bohnsack, NOAA/NMFSBarry Stieglitz, USFWSJohn Hunt, FDEPGeorge Garrett, Monroe County

Russ Nelson, FMFCBill Kruczynski, EPAFred McManus, EPABob Currul, FDEP/FMPMac Fuss, NMFS/FKNMSJim Miller, State of FloridaLeslie White, NOAA/OCRMBruce Terrell, NOAA/OCRMJohn Halas, FKNMSPhil Frank, FGFWFCMark Robson, FGFWFCLauri MacLaughlin, FDEP/FKNMSCecile Daniels, FKNMSTy Symroski, FDCAIvy Kelley, FDEP/FKNMSAlyson Simmons, FDEP/FKNMSSteve Baumgartner, FDEP/FKNMSJoy Tatgenhorst, FKNMSMary Tagliareni, FDEP/FKNMSLaura Urian, FDEP/FKNMSKelly Everman, FDEP/FKNMS

Interagency Task Force on the South Florida Ecosystem

Honorable George T. Frampton, Jr.Assistant Secretary for Fish and Wildlife and ParksU.S. DEPARTMENT OF THE INTERIOR

Honorable Bonnie R. CohenAssistant Secretary for Policy, Management andBudgetU.S. DEPARTMENT OF THE INTERIOR

Thomas R. HebertDeputy Assistant Secretary-National Resources andthe EnvironmentU.S. DEPARTMENT OF AGRICULTURE

H. Martin LancasterActing Assistant Secretary (Civil Works)U.S. DEPARTMENT OF JUSTICE

Sally YozellDeputy Assistant Secretary-Oceans and AtmosphereNational Oceanic and Atmosphere AdministrationU.S. DEPARTMENT OF COMMERCE

Honorable Lois SchifferAssistant Attorney General-Environment and NaturalResourcesU.S. DEPARTMENT OF JUSTICE


Rodney SlaterAdministrator, Federal Highway AdministrationU.S. DEPARTMENT OF TRANSPORTATION

Robert PerclasepeAssistant Secretary for WaterU.S. ENVIRONMENTAL PROTECTION AGENCY

Honorable James BillieChairman of the Seminole Tribe of Florida

Honorable Billy CypressChairman of the Miccosukee Tribe of Indians ofFlorida

Honorable Buddy MacKayLieutenant Governor of Florida

Col. Terrence SaltExecutive DirectorInteragency Task Force on theSouth Florida EcosystemU.S. DEPARTMENT OF THE INTERIOR

James L. ChisholmDeputy Executive DirectorInteragency Task Force on theSouth Florida Ecosystem

Ernie BarnettFlorida Department of Environment Protection3900 Commonwealth Blvd, MS 45Tallahassee, FL 32399-3000

Dan ScheidtU.S. Environmental Protection Agency625 Bailey StreetAthens, GA 30605

Brad Brown, DirectorSoutheast Fisheries CenterNational Marine Fisheries Service/National Oceanicand Atmospheric Administration75 Virginia Beach DriveMiami, FL 33149

Billy Causey, Sanctuary SuperintendentFlorida Keys National Marine SanctuaryNational Oceanic and Atmospheric AdministrationP.O. Box 500368Marathon, FL 33050

Gene Duncan, Water Resource DirectorMiccosukee TribeP.O. Box 440021Miami, FL 33144

Ralph Gonzales, Acting Trust OfficerEastern Area OfficeBureau of Indian Affairs3701 N. Fairfax Drive STE 260Arlington, VA 22203

Allan Hall, Div #710 Director Ecosystem RestorationDepartmentSouth Florida Water Management DistrictP.O. Box 24680, 3301 Gun Club RoadWest Palm Beach, FL 33406-4680

Craig Johnson, Supervisor of So. FL EcosystemOfficeU.S. Fish & Wildlife ServiceP.O. Box 2676Vero Beach, FL 32961-2676

Bonnie Kranzer, Executive DirectorGovernor's Commission for a Sustainable SouthFlorida1550 Madruga Ave, Suite 220Coral Gables, FL 33146

Mike McGhee, Associate DIrectorWater Management DivisionU.S. Environmental Protection Agency345 Courtland Street N.E.Atlanta, GA 30365

Peter Outerbridge, Assistant U.S. AttorneyU.S. Department of JusticeU.S. Attorney's Office, Southern District99 NE 4th Street, Suite 300Miami, FL 33132

Col. Terry RIce, District EngineerJacksonville District US Army Corps and EngineersP.O. Box 4970Jacksonville, FL 32232

RIchard Ring, SuperintendentU.S. Department of the InteriorEverglades National Park40001 SR 9336Homestead, FL 33034-6733

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Working Group of the InteragencyTask Force on theSouth Florida Ecosystem


Col. Terrance Salt (Chairman)Florida International UniversityUniversity Park CampusOE Building, Room 148Miami, FL 33199

J.R. Skinner, Division DirectorFlorida Federal Highway Administration227 North Bornough St., Room 2015Tallahasee, FL 32301

Rick Smith, Govenor's Executive Office1501 CapitolTallahasee, FL 32399-0001

Ron Smola, Area ConservationistU.S. Department of AgricultureNatural Resources Conservation Service5700 Lake Worth Road, Suite 100Lake Worth, FL 33463-3213

Craig D. Tepper, DirectorSeminole Tribe of Florida6300 Stirling RoadHollywood, FL 33024

John Vecchioli, District ChiefWater Resource DivisionU.S. Geological Survey227 North Bronough Street, STE 3015Tallahassee, FL 32301

James Weaver, DIrectorNational BIological Service7920 NW 71st StreetGainsville, FL 32653

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Jack LondonMonroe County CommissionerSummerland Key, FL

James W. MillerCitizen representativeMelbourne, FL

John OgdenFlorida Institute of OceanographySt. Petersburg, FL

William ParksMarine life collectorBoynton Beach, FL

Mark L. RobertsonThe Nature ConservancyKey West, FL

Spencer C. SlateKeys Association of Dive OperatorsKey Largo, FL

Alexander Sprunt IVNational Audobon SocietyTavernier, FL

John F. StewartDive Industry RepresentativeWest Palm Beach, FL

Debbie Tucker (past member)State of Florida, Governer’s OfficeTallahassee, FL

William Wickers, Jr.Key West Charter Boat Association &Monroe County Tourist Development CouncilKey West, FL

Harry WoolleyCitizen representativeKey West, FL

Members added since August 1993:

Debra HarrisonWorld Wildlife FundMarathon, FL

Jack HaskinsPRIDEIslamorada, FL

Sanctuary Advisory Council

Jon Andrew (past member)U.S. Fish and Wildlife ServiceBig Pine Key, FL

George M. Barley, Jr. (past member)Citizen representativeOrlando, FL

Bonnie Beall (past member)Recreational fishermanIslamorada, FL

Mike Collins (Chairman)Florida Keys Guide AssociationIslamorada, FL

J. Allison DeFoor (Vice Chairman)Citizen representativeIslamorada, FL

Harold DrakeUnderwater Society of AmericaWest Palm Beach, FL

Bruce A. EtshmanCitizen representativeKey West, FL

Alison FahrerPennekamp Coral Reef InstituteIslamorada, FL

Robert W. HolstonDive Industry RepresentativeKey West, FL

Irene U. HooperNewfound Harbor Marine InstituteBig Pine Key, FL

Paul JohnsonCitizen representativeCrawfordville, FL

Michael LaudicinaOrganized Fisherman of FloridaBig Pine Key, FL

Karl Lessard (past member)Commercial fishermanMarathon, FL


Anthony IarocciMonroe County Commercial FishermanMarathon, FL

Amy KnowlesCitizen representativeIslamorada, FL

Barry StieglitzU.S. Fish and Wildlife ServiceBig Pine Key, FL

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Strategy Working Group

Federal



Daniel J. BastaNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD 20910

Jim BohnsakNational Marine Fisheries ServiceSoutheast Fisheries Center75 Virginia Beach DriveMiami, FL 33149

Billy Causey, ManagerFlorida Keys National Marine Sanctuary9499 Overseas HighwayMarathon, FL 33050

Robert FinegoldFlorida Keys National Marine Sanctuary9499 Overseas HighwayMarathon, FL 33050

Timothy GoodspeedNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD 20910

John HalasKey Largo National Marine SanctuaryP.O. Box 1083Key Largo, FL 33037

Douglas HarperNational Marine Fisheries ServiceSoutheast Fisheries Center75 Virginia Beach DriveMiami, FL 33149

Harold HudsonKey Largo National Marine SanctuaryP.O. Box 1083Key Largo, FL 33037

Pamala JamesFlorida Keys National Marine Sanctuary9499 Overseas HighwayMarathon, FL 33050

Brett JosephOffice of the General Counsel for Ocean Services1305 East-West HighwaySilver Spring, MD 20910

C. John KleinNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD 20910

Steven MillerFlorida Program ManagerNOAA/NURC514 Caribbean DriveKey Largo, FL 33037

George P. SchmahlManagerLooe Key National Marine SanctuaryRoute 1, Box 782Big Pine Key, FL 33043

Maureen A. WarrenNational Ocean ServiceOffice of Ocean Resources Conservation and AssessmentStrategic Environmental Assessments DivisionSilver Spring, MD 20910

LTJG Richard WingroveLooe Key National Marine SanctuaryRoute 1, Box 782Big Pine Key, FL 33043

U.S. Environmental Protection Agency

Tom CavinderU.S. Environmental Protection Agency960 College Station RoadAthens, GA 30613

Fred McManusU.S. Environmental Protection Agency345 Courtland Street, NEAtlanta, GA 30365

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State of Florida

Executive Office of the Governor

Paul JohnsonExecutive Office of the Governor421 Carlton Bldg.The CapitolTallahassee, FL 32399

Department of Commerce

Rod PetersonBureau of Economic AnalysisDepartment of CommerceRm. 323C - Collins Bldg.107 W. Gaines StreetTallahassee, FL 32303

Department of Community Affairs

Toy LivingstonDepartment of Community Affairs2740 Centerview DriveTallahassee, FL 32399

Ken MetcalfDepartment of Community AffairsP.O. Box 990Key West, FL 33041

Department of Environmental Protection

Ed (Edwin) Conklin3900 Commonwealth Blvd.Tallahassee, FL 32399

Bruce DeGroveTwin Towers Building2600 Blair Stone RoadTallahassee, FL 32399

Ken HaddadMarine Research Institute100 Eighth Avenue, SESt. Petersburg, Florida 33701

R.J. Hebling11400 Overseas Highway, Suite 123Marathon, FL 33050

John HuntMarine Research Institute13365 Overseas HighwayMarathon, FL 33050

U.S. Department of Interior

National Park Service

Richard CurryBiscayne National ParkP.O. Box 1369Homestead, FL 33030

Michael EngSouth Florida Research CenterEverglades National ParkP.O. Box 279Homestead, FL 33030

Mike RobleeSouth Florida Research CenterEverglades National ParkP.O. Box 279Homestead, FL 33030

U.S. Fish and Wildlife Service

Jon AndrewNational Key Deer RefugeU.S. Fish & Wildlife ServiceP.O. Box 510Big Pine Key, FL 33043

U.S. Department of Transportation

U.S. Coast Guard

LCDR Howard Van HoutenU.S. Coast Guard, Seventh District909 SE First AvenueMiami, FL 33131

U.S. Department of Defense

U.S. Army Corps of Engineers

Mr. Chuck SchnepalU.S. Army Corps of Engineers8410 NW 83rd Terrace, Suite 225Miami, FL 33166

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Walter JaapMarine Resources Institute100 Eighth Avenue, SESt. Petersburg, FL 33701

George JonesJohn Pennekamp Coral Reef State ParkP.O. Box 2660Key Largo, FL 33037

Ann Lazar11400 Overseas Highway, Suite 123Marathon, FL 33050

Peggy MathewsTwin Towers Building2600 Blair Stone RoadTallahassee, FL 32399

R.H. McCullarsFlorida Marine Patrol2835 Overseas HighwayMarathon, FL 33050

Russ NelsonFlorida Marine Fisheries Commission2540 Executive Center Circle West, Suite 106Tallahassee, FL 32301

Danny RileyWoodcrest Office ParkBldg. 500, Suite 501EC325 John Knox RoadTallahassee, FL 32303

Department of Health and Rehabilitative Services

Homer J. RhodeDepartment of Health and Rehabilitative ServicesMonroe County Public Health UnitPublic Service Building5100 Junior College RoadKey West, FL 33040

Department of State

James MillerChief, Bureau of Archaeological ResearchDivision of Historical ResourcesDepartment of State500 South Bronough St.Tallahassee, FL 32399-0250

Game and Freshwater Fish Commission

Pete KallaFlorida Game & Fish Commission11400 Overseas HighwayMarathon, FL 33050

Monroe County

Growth Management Division

George GarrettMarine Resources Department5100 Junior College RoadWing III, Stock IslandKey West, FL 33040-4399

Pat McNeeseEnvironmental Resources Department5100 Junior College RoadWing III, Stock IslandKey West, FL 33040-4399

Other Organizations

Douglas GregoryMonroe County/Sea GrantCooperative Extension Service, P.O. Box 2545Key West, FL 33045-2545

Terrance LearyGulf of Mexico Fishery Management CouncilLincoln Center, Suite 3315401 West KennedyTampa, FL 33609

Richard OgburnSouth Florida Regional Planning Council3440 Hollywood Blvd, Suite 140Hollywood, FL 33021

Roger PuglieseSouth Atlantic Fishery Management Council1 Southpark Circle, Suite 306Charleston, SC 29407

Jim SmithSouth Florida Water Management District5800 Overseas Highway, Suite 4-103Marathon, FL 33050

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Appendix C. Existing Legislative Authorities

Existing Legislative Authorities

This appendix describes the statutory or legalframework currently in place in the Florida Keys.

Federal Authorities

The number of Federal agencies and statutes andregulations affecting water and resources in theFlorida Keys is extensive, and authorities oftenoverlap.

Coastal and Sanctuary Resource Management.

Abandoned Shipwreck Act of 1987 (ASA), 43 U.S.C.§§ 2101 et seq.

Under the ASA, the United States asserts title toshipwrecks that are: 1) embedded in the submergedlands of a state; 2) embedded in coralline formationsprotected by a state on its submerged lands; and 3)on the submerged lands of a state and included in ordetermined to be eligible for inclusion in the NationalRegister. The ASA directs the Federal government totransfer title to the state whose submerged landscontain the shipwreck, except when shipwrecks arelocated on public or Indian lands or when the wrecksare United States warships that have not beenaffirmatively abandoned. The public is given notice ofthe location of any shipwreck when title is assertedunder the ASA.

In accordance with the ASA, states manage a broadrange of living and nonliving resources in Statewaters and submerged lands, including abandonedshipwrecks. Shipwrecks offer recreational andeducational opportunities for divers, tourists, users ofbiological sanctuaries, and historical researchers.States are encouraged to provide public access tothese shipwrecks through the adoption of guidelinesfor the creation of underwater parks.

The Secretary of the Interior is responsible forpublishing guidelines that seek to maximize theenhancement of shipwrecks as cultural resources;foster a partnership among sport divers, salvors, andother interests to manage shipwreck resources;facilitate access and utilization of the shipwrecks; andrecognize the interests of groups engaged in ship-wreck discovery and salvage. This responsibility wasdelegated to the National Park Service.

Significantly, the admiralty principles of salvage andfinds do not apply to abandoned shipwrecks under

the ASA. Moreover, the ASA does not affect NOAA’sauthority under the National Marine Sanctuaries Actto designate and manage abandoned shipwreckswithin national marine sanctuaries in State waters.

Coastal Barrier Resources Act of 1982, as amended(CBRA), 16 U.S.C. § 3501 et seq.

The purpose of the CBRA is to promote more appro-priate use and conservation of coastal barriers alongthe Atlantic, Gulf, and Great Lakes coastlines.“Coastal barriers” are defined as bay barriers, barrierislands, and other geological features composed ofsediment that protect landward aquatic habitats fromdirect wind and waves. They provide essentialhabitats for wildlife and marine life; natural stormbuffer zones; and areas of scientific, recreational,historic, and archeological significance. The CBRAseeks to minimize the loss of human life, wastefulFederal expenditures on shoreline development, anddamage to wildlife, marine life, and other naturalresources by restricting future Federal financialassistance, establishing the Coastal Barrier Re-sources System (CBRS), and considering the meansof achieving long-term conservation of barrier re-sources. The Secretary of the Interior is responsiblefor maintaining and reviewing the CBRS.

Under this Act, Federal financial assistance fordevelopment activities within the CBRS is generallyunavailable, except for necessary oil and gas explo-ration and development; the maintenance of channelimprovements, jetties, and roads; essential militaryactivities; the construction and maintenance of CoastGuard facilities; the establishment and maintenanceof air and water navigational devices; scientificstudies; and nonstructural shoreline stabilizationsystems.

Coastal Zone Management Act of 1972, as amended(CZMA), 16 U.S.C. §§ 1451 et seq.

The CZMA provides incentives for coastal states toeffectively manage, protect, and develop their coastalzones consistent with Federal standards and goals. Astate’s coastal zone includes coastal waters, andextends inland from the shoreline to the extentnecessary to control activities having a significantimpact on coastal waters. For Federal approval, acoastal zone management plan must:1) identify the coastal zone boundaries; 2) define thepermissible land and water uses within the coastalzone that have a direct and significant impact andidentify the State’s legal authority to regulate theseuses; 3) inventory and designate areas of particularconcern; 4) provide a planning process for energy

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facilities; 5) provide a planning process to control anddecrease shoreline erosion; and 6) provide for aneffective coordination and consultation mechanismbetween regional, State, and local agencies.

NOAA has the authority to grant Federal approval forproposed coastal zone management plans. NOAAhas approved Florida’s coastal management pro-gram. Therefore, Florida is eligible for financialassistance and gains a legal mechanism to controlFederal permits and activities that affect the State’scoastal zone. Section 307 of the CZMA requires thatall Federal agency activities within the coastal zonemust be consistent, to the maximum extent practi-cable, with the enforceable policies of the Statecoastal zone management plan. The Secretary ofCommerce, however, can override a state’s determi-nation of inconsistency if the Secretary finds that theactivity is consistent with the CZMA or in the interestsof national security.

Section 315 of the CZMA establishes the NationalEstuarine Research Reserve System (NERRS).States may seek Federal approval and designation ofcertain areas as national estuarine research reserves(NERR) if the areas qualify as biogeographic andtypological representations of estuarine ecosystemsand are suitable for long-term research and conser-vation. Federal financial assistance is available forapproved acquisition, management, research, andeducation.

In the recent Coastal Zone Reauthorization Amend-ments of 1990, Congress added a Federal require-ment that coastal states with federally approvedcoastal zone management plans prepare, and submitfor Federal approval, coastal nonpoint source pollu-tion control programs. CZMA § 6217, 16 U.S.C. §1455b. The coastal nonpoint source pollution pro-grams expand the nonpoint source pollution pro-grams developed under section 319 of the CleanWater Act (CWA) by including land and water usesaffecting coastal waters. States must submit the finalversions of their coastal nonpoint source pollution, orsection 6217, programs to NOAA by June 1995.

Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1543.

The ESA protects species of marine mammals, birds,and fish listed as “threatened” or “endangered.” TheU.S. Fish and Wildlife Service (FWS) and NMFSdetermine which species need protection and main-tain a list of endangered and threatened species. TheESA prohibits a “taking” of any member of a listed

species. “Take” is defined broadly to mean “harass,harm, pursue, hunt, shoot, wound, kill, trap, capture,or collect, or attempt to engage in any such conduct.”16 U.S.C. §1532(19).

The ESA also requires that Federal agencies engagein a consultation process designed to ensure thatprojects authorized, funded, or carried out by Federalagencies do not jeopardize the continued existenceof endangered or threatened species or result indestruction or modification of their critical habitat. 16U.S.C. §1536. Critical habitat areas are designatedeither by the FWS or NMFS, depending on thespecies. No critical habitats have been designated inthe Sanctuary. However, the Right Whale RecoveryTeam has recently petitioned the National MarineFisheries Service (NMFS) to establish critical habitatfor the northern right whale in waters incorporatingpart of the Sanctuary. 55 Fed. Reg. 28,670 (1990).

Magnuson Fishery Conservation and ManagementAct (MFCMA), 16 U.S.C. § 1801 et seq.

The MFCMA provides for the conservation andmanagement of all fishery resources between threeand 200 nautical miles (5.6 and 370 km) offshore.The NMFS is charged with establishing guidelines forand approving fishery management plans (FMPs)prepared by regional fishery management councilsfor selected fisheries. These plans determine thelevels of commercial and sport fishing consistent withachieving and maintaining the optimum yield of eachfishery. Benthic continental shelf fishery resourceslocated outside State waters, such as abalone,lobster, crabs, sea urchins, and corals, are subject tomanagement under the MFCMA. The waters of theFlorida Keys Marine Sanctuary are within the jurisdic-tion of both the South Atlantic and Gulf of Mexicofisheries management councils.

In July 1983 the Gulf of Mexico Fisheries Manage-ment Council approved an FMP to protect the coraland coral reefs of the Gulf of Mexico and the SouthAtlantic. The final rules implementing the FMP werepublished on July 23, 1984, at 49 Fed. Reg. 29,607(1984) and codified at 50 C.F.R. Part 638. Theseregulations establish management measures to beapplied in coral habitat areas of particular concern(HAPC). Within the HAPC, the following restrictionsapply: 1) fishing for coral is prohibited except asauthorized by permit; 2) fishing with bottom longlines,traps, pots, and bottom trawls is prohibited in areasless than 50 fathoms in depth; and 3) the use of toxicchemicals to take fish or other marine organisms inor on coral reef areas is prohibited except as autho-rized by permit.

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The FMP for the protection of the reef fish resourcesof the Gulf of Mexico may also apply. This FMP setsbag and size limits, places restrictions on the use ofcertain types of fishing gear, and establishes report-ing and permit systems. It also establishes a stressedarea in the Gulf where reef fish are protected byspecial management measures.

Within Federal waters, the MFCMA is enforced bythe U.S. Coast Guard (USCG) and the NMFS. TheSecretary of Commerce can enter into agreementswith any State agency for enforcement purposes inState waters.

Marine Mammal Protection Act (MMPA), 16 U.S.C.§§ 1361 et seq.

The MMPA applies to U.S. citizens in State, contigu-ous zone, and international waters and to foreignnationals subject to U.S. jurisdiction. It is designed toprotect all species of marine mammals. The MMPA isimplemented by the NMFS, which is the agencyresponsible for whales, porpoises, dolphins, andpinnipeds (seals), and the FWS, which is primarilyresponsible for sea lions and walruses. The Actprovides for: 1) a general moratorium on the “taking”of marine mammals, with a few limited exceptions; 2)the development of a management approach de-signed to achieve an “optimum sustainable popula-tion” (OSP) for all species or population stocks ofmarine mammals; and 3) the protection of depletedpopulations of marine mammals.

The MMPA has been amended to include require-ments that observers be carried aboard commercialfishing vessels to determine levels of incidental takeof marine mammals. Commercial fishing activities aredivided into categories on the basis of gear type andassociated levels of potential incidental take ofmarine mammals.

Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703et seq.

It is unlawful “to pursue, hunt, take, capture, kill . . .any migratory bird, any part, nest or egg” or anyproduct of any such bird protected by the MigratoryBird Convention, except as permitted by regulations.The Secretary of the Interior is charged with deter-mining when, to what extent, and how to permit theseactivities. Game bird cannot be hunted during aclosed season. Nongame birds cannot be hunted atall.

National Historic Preservation Act (NHPA), 16 U.S.C.§ 470 et seq.

The NHPA authorizes the Secretary of the Interior tomaintain a National Register of “districts, sites,buildings, structures, and objects significant inAmerican history, architecture, archaeology, andculture.” Sites have been listed on the NationalRegister that include or are composed entirely ofocean waters and submerged lands within Statewaters or on the Outer Continental Shelf (OCS), suchas the USS MONITOR.

Federal agencies conducting, licensing, or assistingan undertaking that may affect a listed site or a sitethat is eligible for listing must provide the AdvisoryCouncil on Historic Preservation a reasonableopportunity to comment on the proposed actionbefore any action is taken. 16 U.S.C. 470f. TheCouncil determines whether the undertaking willchange the quality of the site’s historic, architectural,archaeological, or cultural character. 36 C.F.R. Part800.

Pollution Control.

Clean Water Act (CWA), 33 U.S.C. § 1251 et seq.

The CWA establishes the basic scheme for restoringand maintaining the chemical, physical, and biologi-cal integrity of the nation’s waters. To varying de-grees, the waters of the United States are subject torequirements of the CWA. The CWA regulatesdischarges from known sources and discharges ofharmful quantities of oil and hazardous substancedischarges. The Act also regulates the disposal ofvessel sewage and dredged material.

The EPA administers the National Pollutant Dis-charge Elimination System (NPDES). Under theNPDES program, a permit is required for the dis-charge of any pollutant from a point source into thenavigable waters of the United States. NPDESpermits are required for discharges associated withoil and gas development on Federal leases beyondState waters. The EPA can establish specific condi-tions for permits.

The CWA was amended in 1987 to include thenonpoint source (NPS) program. States must de-velop management programs to address NPS runoff.Under Florida’s program, which has been approvedby the EPA, the State will identify water bodies thatrequire NPS controls. Water management districtshave NPS control authority to permit agricultural


water management systems. The State implementsan area-wide water quality management planningprogram that includes NPS controls.

The CWA prohibits discharges of harmful quantitiesof oil and hazardous substances into the contiguouszone, except where permitted under the Protocol of1978 relating to the International Convention for thePrevention of Pollution from Ships. The USCGinvestigates and responds to discharges of oil andhazardous substances in accordance with theNational Contingency Plan (NCP). The USCG, withthe cooperation of the EPA, administers the NCP.Regional plans are submitted to implement the NCP.EPA's Region IV, which contains the Sanctuary, has aregional contingency plan that the EPA follows forboth oil and hazardous substance spills occurringinland. The USCG is the lead agency for coastal andocean spills, and follows the regional contingencyplan for spills of hazardous substances. However, theUSCG develops its own area plans for oil spills.

The CWA requires recreational vessels with toiletfacilities to contain operable marine sanitationdevices. The CWA also requires noncommercial craftto comply with marine sanitation device regulationsissued by the EPA and enforced by the USCG. Thestatute also establishes “no-discharge zones” wheregreater environmental controls prohibit discharge ofsewage from all vessels. Publicly owned sewagetreatment facilities must meet effluent reductions bysecondary treatment.

The Army Corps of Engineers (ACOE) implements apermitting program for the discharge of dredged or fillmaterials into the navigable waters of the UnitedStates that lie inside of the baseline for the territorialseas and fill materials into the territorial seas withinthree miles of shore. Although the ACOE has primaryresponsibility for the program, the EPA is authorizedto review and comment on the impact of proposeddredge and fill activities on municipal water supplies,shellfish beds and fishery areas, wildlife, and recre-ational areas.

Clean Air Act (CAA), 42 U.S.C. §§ 7401 et seq.

The CAA establishes national guidelines and minimalair quality standards to protect and enhance thequality of the nation’s air resources. Beyond Statewaters, Prevention of Significant Deterioration (PSD)provisions of the CAA apply to new sources on theOuter Continental Shelf (OCS) adversely affecting airquality; these regulations would supplement airquality regulations administered by the DOI in itsactivities related to the OCS.

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Comprehensive Environmental Response, Compen-sation, and Liability Act (CERCLA), 42 U.S.C. §§9601 et seq.

The CERCLA addressed the cleanup of hazardouswaste sites. Under CERCLA, Federal and Stateagencies categorize hazardous waste sites andprioritize responses. CERCLA provides the Federalgovernment with the authority to respond to releasesof hazardous substances, remediate sites, and seekreimbursement from the potentially responsibleparties (PRPs). Response actions are carried out inaccordance with the National Contingency Plan(NCP). CERCLA also created a Hazardous Sub-stance Trust Fund, called the Superfund, to fundremoval and remedial actions undertaken by thegovernment. Finally, CERCLA makes PRPs liable forcosts of removal or remediation incurred by the Stateor Federal government; other necessary costs ofresponse; damages for injury, destruction, or loss ofnatural resources; and health assessment costs.

Ocean Dumping Act (ODA), Title I of the MarineProtection, Research, and Sanctuaries Act of 1972,33 U.S.C. §§1401 et seq.

The ODA prohibits the transportation of any materialsfrom or under the authority of the United States forthe purpose of dumping them into ocean waterswithout a permit from the EPA. This Act also prohibitsany person from dumping any material that mayaffect the territorial seas, regardless of the origin ofthe materials. The EPA regulates ocean dumping ofall materials, except the dumping of dredged materi-als, which is regulated by the ACOE.

Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2701 etseq.

The OPA creates a comprehensive prevention,response, liability, and compensation regime fordealing with oil pollution from vessels and shorefacilities. A person who causes an oil spill covered byOPA may be liable for certain costs and penalties.Any party responsible for a discharge, or a substan-tial threat of a discharge, of oil into navigable waters,adjoining shorelines, or the exclusive economic zoneis liable for: 1) the removal costs and damages,including assessment costs; 2) injury to, destructionor loss of, or loss of use of natural resources;3) injury to, or economic losses as a result of thedestruction of real or personal property; 4) subsis-tence use of natural resources, net lost governmentrevenues, or lost profits; and 5) net costs of providingadditional public services during or after the removalactivities.


It establishes enhanced vessel construction stan-dards, crew licensing, contingency planning, Federalresponse capabilities, enforcement authority, penal-ties, and research and development with the goal ofincreasing environmental safeguards during oiltransportation.

The USCG has the responsibility for merchantmarine personnel, including the authority to reviewcriminal records and alcohol and drug abuse histo-ries. OPA establishes the double-hull requirement foroil tankers. Under OPA, the USCG is required toensure that vessels comply with the improved,expanded vessel traffic service schemes.

OPA also amends section 311(c) of the CWA toensure immediate and effective removal of a dis-charge and mitigation or prevention of a substantialthreat of a discharge. OPA mandated a comprehen-sive national response system to quickly contain aspill of oil or hazardous waste into the waters of theUnited States and to minimize damage to the envi-ronment. OPA increases the penalties availableunder the CWA for oil and hazardous waste spills.

Ports and Waterways Safety Act (PWSA), 33 U.S.C.§ 1221 et seq.

The PWSA, as amended by the Port and TankerSafety Act of 1978 and the Oil Pollution Act of 1990,is designed to promote navigation and vessel safetyand protect the marine environment. The PWSAapplies both in State and Federal waters out to 200miles. The PWSA authorizes the USCG to establishvessel traffic separation schemes (VTSSs) for ports,harbors, and other waters subject to congestedvessel traffic. VTSSs are applicable to commercialships, other than fishing vessels, weighing 300 grosstons (270 gross metric tons) or more. OPA amendedthe PWSA to mandate that appropriate vessels mustcomply with VTSSs.

In addition to vessel traffic control, the USCG regu-lates other navigational and shipping activities andpromulgates numerous regulations relating to vesseldesign, construction, and operation designed tominimize the likelihood of accidents and to reducevessel source pollution. Finally, the USCG is vestedwith the primary responsibility of maintaining boatersafety, including the conduct of routine vesselinspections and coordination of rescue operations.

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River and Harbors Act (RHA), 33 U.S.C. § 401 etseq.

Section 10 of the RHA prohibits the unauthorizedobstruction of the navigable waters of the UnitedStates. The construction of any structure or theexcavation or fill in the navigable waters of the UnitedStates is prohibited without a permit from the ACOE.Section 13 prohibits the discharge of refuse andother substances into navigable waters, but has beenlargely superseded by the CWA.

Shore Protection Act of 1988, 33 U.S.C. § 2601 etseq.

Under the Shore Protection Act of 1988, municipaland commercial waste cannot be transported by avessel in coastal waters without a permit from theDepartment of Transportation. The procedures forloading, securing, and off-loading of these wastesmust ensure that any deposition of waste into coastalwaters is minimized.

Offshore Resources.

Submerged Lands Act of 1953, as amended (SLA),43 U.S.C. §§ 1301 et seq.

The SLA delineates State authority over submergedlands and their resources. The Act recognizes Stateauthority over submerged lands extending out tothree geographical miles into the Atlantic or Pacificoceans, or three marine leagues into the Gulf ofMexico from the coastline.

Outer Continental Shelf Lands Act (OCSLA), 43U.S.C.§ 1331 et seq.

The OCSLA, as amended, establishes Federalcontrol over the natural resources of the OCS beyondthree nautical miles (off Texas's and Florida’s westcoast, this authority extends to three marine leaguesor 10.35 nm.). The authority to manage OCS mineralexploration and development activities has beendelegated to the Minerals Management Service(MMS) by the Secretary of the Interior. The MMS hasoverall responsibility for leasing OCS lands. In uniqueor special areas, the MMS may impose special leasestipulations designed to protect specific geologicaland biological phenomena.

The MMS is also charged with supervising OCSoperations, including the approval of both explorationand development/production plans and applicationsfor pipeline rights-of-way on the OCS. Lessees are


required to include specific information concerningemissions and their potential impacts on coastalareas in exploration and development/productionplans. The MMS enforces OCSLA regulations, 30C.F.R. Part 250, and stipulations in particular leases.

In addition to the DOI, both the ACOE and USCGhave responsibility over OCS mineral developmentunder the PWSA to the extent that such developmentaffects navigation. The ACOE is responsible forensuring, through a permit system, that OCS struc-tures including pipelines, platforms, drill ships, andsemi-submersibles, do not obstruct navigation. TheUSCG ensures that structures on the OCS areproperly marked and safe working conditions aremaintained onboard.

General Nautical Authorities.

Act to Prevent Pollution from Ships (APPS), 33U.S.C. § 1901 et seq.

The APPS is the Federal legislation implementing theInternational Convention for the Prevention ofPollution from Ships, as modified by a 1978 Protocol(MARPOL 73/78). The APPS regulates discharges ofoil, oily mixtures, and noxious liquid substances fromlarge seagoing vessels except tankers less than 150gross tons and other vessels less than 500 grosstons. The USCG enforces the APPS.

Except for discharges from machinery space bilges,tankers subject to the Act may not discharge oil oroily mixtures unless they are 50 nautical miles fromthe nearest land; the total quantity of oil dischargedcannot exceed one part in 15,000 of the total cargocapacity. Discharges from other vessels regulated bythe Act, and discharges from the machinery bilges oftankers must be made as far as practicable from landand may not have an oil content of more than 100parts per million. Besides these requirements,discharges by a vessel regulated by the Act must bemade while the vessel is en route and the instanta-neous discharge rate must not exceed 60 liters permile. No discharges can be made in specially desig-nated areas; the Gulf of Mexico is a special area forthe purposes of the APPS and MARPOL.

Marine Plastic Pollution Research and Control Act of1987 (MPPRCA), 33 U.S.C. §§ 1901-1903, 1905,1907-1909, 1912.

This Act amends the APPS to implement Annex V ofMARPOL in the United States by prohibiting thedumping of plastics at sea and severely restricting

dumping other types of ship-generated garbage, bothat sea and in the navigable waters of the UnitedStates. Its provisions apply to all U.S. watercraft,including recreational vessels, and to all other shipssubject to MARPOL when in U.S. waters.

Miscellaneous.

Federal Aviation Act of 1958 (FAA), 49 U.S.C. §§1301 et seq.

The FAA establishes the Federal Aviation Administra-tion and gives it broad powers to promote air com-merce and regulate the use of navigable airspace toensure aircraft safety and the efficient use of navi-gable airspace. To accomplish this mandate, theAdministration publishes aeronautical charts thatprovide a variety of information to pilots, including thelocation of sensitive areas that should be avoided.

State Authorities

This section describes the State statutory or legalframework currently in place in the Florida Keys.

Coastal or Resource Management Authorities.

Florida Environmental Land and Water ManagementAct of 1972, Title 28, Natural Resources; Conserva-tion, Reclamation, and Use, Chapter 380, Land andWater Management, sections 380.012-380.12.

In accordance with this Act, the Department ofCommunity Affairs (DCA) is responsible for thestatewide planning and development of land andwater management policies to ensure a watermanagement system that both improves water qualityin the State and promotes growth. The Act estab-lishes regional planning for developments that willhave a substantial effect on the health, safety, orwelfare of citizens in more than one country. This Actauthorizes DCA to recommend Areas of Critical StateConcern (ACSC) that should be considered “environ-mentally endangered lands and outdoors recreationlands” under the Land Conservation Act of 1972. TheDCA establishes general guidelines for developmentactivities in ACSC. Local land-development regula-tions and plans must conform to these guidelines andsubsequent development in an ACSC must beconducted in accordance with this Act. The FloridaKeys has been designated as an ACSC. The guidingprinciples for development of the Keys are set out inSection 380.0552 F.S.

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The Florida ACSC Restoration Trust Fund Act,sections 380.0558 et seq., creates a trust fund forreimbursement of the State’s actual costs in obtain-ing payment of damages for injury to, or destructionof, the coral reefs and other natural resources of theState. The fund also can be used for research,protection, and restoration of coral reefs and otherinjured national resources. Damages recovered byFlorida for injury to its coral reefs or national re-sources are deposited in this fund.

Beach and Shore Preservation Act, Title 11, CountyOrganization and Intergovernmental Relations,Chapter 161, Beach and Shore Preservation, sec-tions 161.011 et seq.

Before any coastal construction, reconstruction, orphysical activity is undertaken for shore protectionpurposes on State lands below the mean high-waterline of any tidal water of the State, a coastal con-struction permit must be obtained from the State.Coastal construction cannot interfere with public useof the beach seaward of the mean high-water lineunless the State determines that this interference isunavoidable for purposes of protecting the beach oran endangered upland sanctuary.

The Act creates beach and shore preservationdistricts at the county level. The State sets coastalconstruction control lines on a county basis alongbeaches to provide for a 100-year storm surge andensure protection of the beach-dune system, as wellas public access. Construction of buildings or otherstructures is generally prohibited seaward of thecoastal construction control line, which is set at 50feet of the mean high-water line, or the erosioncontrol line if one is established (whichever line ismore landward). The Act allows the State to autho-rize a waiver of this setback in certain situations.

Construction in violation of the Act is considered apublic nuisance and must be removed. Violations ofthis Act can be considered criminal misdemeanors.The State can also assess administrative penalties of$10,000 per day for willful violation. The Act providesfor joint and severe liability when damages arecaused by gross negligence or willful conduct. TheState can impose liens on both real and personalproperty.

The Act sets up a “Beach Management Trust Fund”to carry out State responsibilities in comprehensive,statewide beach protection activities.

Coastal Zone Protection Act of 1985, Title 11, CountyOrganization and Intergovernmental Relations,Chapter 161, Beach and Shore Preservation, sec-tions 161.52-161.58.

This Act mandates strict construction standards inorder to minimize damage along the coast.

Florida Coastal Management Act of 1978, Title 28,Natural Resources; Conservation, Reclamation, andUse, Chapter 380, Coastal Planning, sections380.19-380.25.

Although the Florida Coastal Coordinating Council(FCCC) is created within the State, the State admin-isters the FCMA as the State’s lead agency. TheFCCC, however, reviews all of the plans and activi-ties relating to the coastal zone and develops acomprehensive State plan for the coastal zone. TheState coastal zone management plan is consideredpart of the State comprehensive plan. The FCMAprovides for Federal consistency review as part of thepermit or license issuance or denial process. Federalconsistency review is limited to specific situationsexplicitly delineated in the FCMA.

Florida Wetlands Protection Act, Title 29, PublicHealth, Chapter 403, Environmental Control, sections403.91 - 403.929 (known as the Warren S.Henderson Wetlands Protection Act of 1984).

In Florida, the State is responsible for permittingcertain activities in wetlands. For example, no personcan dredge or fill in, on, or over surface waterswithout a permit. A permit applicant must show thatthe water quality criteria for the wetlands will not beviolated and that the project will not adversely affecthuman health and safety, fish and wildlife conserva-tion, navigation, fishing, recreation, and significanthistorical archaeological resources, among others.The Act creates a wetlands monitoring system todetermine the location of wetlands and to identifyimpacts to and losses of wetlands. The Act providesprotection for mangroves located in waters wheredredge and fill activities are permitted.

(1) Florida Wetlands Regulations, FAC 17-312.

Part IV of Rule 17-312, entitled “Additional Criteria forDredging and Filling Within Outstanding FloridaWater in Monroe County,” provides the most stringentprotection to the waters of the Florida Keys that isallowed by law. Part IV explicitly requires additionalprotection for coral, algae, sponge, and seagrasscommunities; specifies siting and design criteria for

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piers and boat mooring facilities; and denotespermitting requirements for marinas and shorelinestabilization.

Land Conservation Act of 1972, Title 18, PublicLands, Chapter 259, Land Acquisition for Conserva-tion or Recreation.

This Act requires the State to develop comprehensiveplans to conserve environmentally endangered lands,and provides a mechanism for the State to purchaseland in designated ACSC.

Outdoor Recreation and Conservation Act of 1963,Title 28, Natural Resources; Conservation, Reclama-tion, and Use, Chapter 375, Outdoor Recreation,sections 375.001 et seq.

In accordance with this statute, the State develops acomprehensive multipurpose outdoor recreation andconservation plan for the State, and is authorized toacquire property to achieve conservation and recre-ation purposes.

Florida Communities Trust Act, Title 28, NaturalResources; Conservation, Reclamation, and Use,sections 380.501 et seq.

This statute created a nonregulatory State agency inDCA and a revolving trust fund to coordinate, under-take, or fund projects implementing the conservation,recreation, or coastal elements of the local compre-hensive plans. The trust fund is authorized to acquireand dispose of property to protect the environment orprovide public access or recreational facilities.

Title 28, Natural Resources; Conservation, Reclama-tion, and Use, Chapter 370, Saltwater Fisheries.

This chapter provides statutory authority for the Stateto preserve, manage, and protect the marine, crusta-cean, shellfish, and anadromous fishery resources inState waters and regulate fishing operations in theState.

Title 28, Natural Resources; Conservation, Reclama-tion, and Use, Chapter 372, Wildlife.

This chapter generally authorizes the Game andFresh Water Fish Commission to regulate the use offreshwater organisms and everglades.

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Florida Endangered and Threatened Species Act of1977, Title 28, Natural Resources; Conservation,Reclamation, and Use, sections 372.072 et seq.

The Game and Fresh Water Fish Commission isresponsible for researching and managing freshwaterand upland species. The State has the regulatoryauthority for marine species. Killing or woundingendangered or threatened species is a third degreefelony.

(1) Endangered and Threatened Species Regula-tions, FAC 39.

Florida Historical Resources Act, Title 18, PublicLands and Property, Chapter 267, Historical Re-sources, sections 267.011 et seq.

The Division of Historical Resources manages theState’s historical resources, including resources onState-owned submerged lands. All treasure trove,artifacts, and objects with historical and archaeologi-cal value that have been abandoned on State-ownedor State-owned sovereignty submerged lands belongto the State, and title to these resources is vested inthe Division of Historical Resources for administrationand protection. By virtue of its ownership, this agencyhas primary the responsibility for submerged culturalresources, including historic shipwreck sites andother abandoned objects with intrinsic, historical, orarchaeological value.

(1) Procedures for conducting exploration andsalvage of historic shipwreck sites, FAC 1A – 31.001et seq.

(2) Research permits for archeological sites ofsignificance, FAC 1A – 32.01 et seq.

Title 18, Public Lands and Property, Chapter 253,State Lands. Section 253.12 provides State owner-ship of all sovereignty tidal and submerged bottomlands, all coastal and intracoastal waters of the Stateand all submerged lands owned by the State innavigable freshwater.

Water and Air Quality Authorities.

Florida Clean Vessel Act, Vessel Registration andSafety, Chapter 327, Marine Sanitation, section327.53

(1) Every vessel 26 feet or more in lengthwhich has an enclosed cabin with berthing facilitiesshall, while on the waters of the state, be equipped


with a toilet. On a vessel other than a houseboat, thetoilet may be portable or permanently installed. Everypermanently installed toilet shall be properly attachedto the appropriate United States Coast Guard certi-fied or labeled marine sanitation device.

(2)(a) Every houseboat shall be equippedwith at least one permanently installed toilet whichshall be properly connected to a United States CoastGuard certified of labeled Type III marine sanitationdevice. If the toilet is simultaneously connected toboth Type III marine sanitation and to anotherapproved marine sanitation device, the value or othermechanism selecting between the two marinesanitation devices shall be set to direct all sewage tothe Type III marine sanitation device and, while thevessel is on the waters of the state, shall be locked orotherwise secured by the operator, so as to preventresetting.

(b) A houseboat on which a Type I marinesanitation device was installed before January 30,1980, need not install a Type II device until October1, 1996. A houseboat on which a Type III marinesanitation device was installed before July 1, 1994,need not install a Type III device until October 1,1996.

(3) Every floating structure that has anenclosed living space with berthing facilities, orworking space with public access, must be equippedwith a permanently installed toilet properly connectedto a Type III marine sanitation device or permanentlyattached via plumbing to shoreside sewage disposal.No structure shall be plumbed so as to permit thedischarge of sewage into the waters of the state.

(4)(a) Raw sewage shall not be dischargedfrom any vessel, including houseboats, or anyfloating structure in Florida waters. The operator ofany vessel which is plumbed so that a toilet may beflushed directly into the water or so that a holdingtank may be emptied into the water shall, while thevessel is on the waters of the state, set the valve orother mechanism directing the sewage so as toprevent direct discharge and lock or otherwise securethe valve so as to prevent resetting.

(b) All waste from Type III marine sanitationdevices shall be disposed in an approved sewagepumpout facility.

(c) All waste from portable toilets shall bedisposed in an approved waste reception facility.

(5) Every vessel owner, operator, andoccupant shall comply with United States CoastGuard regulations pertaining to marine sanitationdevices and with United States EnvironmentalProtection Agency regulations pertaining to areas inwhich the discharge of sewage, treated or untreated,is prohibited.

(6)(a) A violation of this section is a noncrimi-nal infraction as provided in s.327.73. Each violationshall be a separate offense. The owner and operatorof any vessel shall be jointly and severally liable forthe civil penalty imposed pursuant to this section.

(b) All civil penalties imposed and collectedpursuant to this section shall be deposited in theMotorboat Revolving Trust Fund and shall be used:to implement, administer, and enforce this act; toconstruct, renovate, or operate pumpout stations andwaste reception facilities; and to conduct a programto educate vessel operators about the problem ofhuman body waste discharges from vessels andinform them of the location of pumpout stations andwaste reception facilities.

(7) Any vessel or floating structure operatedor occupied on the waters of the state in violation ofthis section is declared a nuisance and a hazard topublic safety and health. The owner or operator ofany vessel or floating structure cited for violating thissection shall, within 30 days following the issuance ofthe citation, correct the violation for which the citationwas issued or remove the vessel or floating structurefrom the waters of the state. If the violation is notcorrected within the 30 days and the vessel orfloating structure remains on the waters of the statein violation of this section, law enforcement officerscharged with the enforcement of this chapter unders.327.70 shall apply to the appropriate court in thecounty in which the vessel or floating structure islocated, to order or otherwise cause the removal ofsuch vessel or floating structure from the waters ofthe State at the owner's expense. If the owner cannotbe found or otherwise fails to pay the removal costs,the provisions of s.328.17 shall apply. If the proceedsunder s.328.17 are not sufficient to pay all removalcosts, funds appropriated from the Motorboat Revolv-ing Trust Fund pursuant to paragraph (6)(b) ors.327.25(12) may be used.

(8) Any not-for-profit corporation that isorganized and existing under the laws of the stateand that possesses a valid exemption from federalincome taxation under s.501(c)(3) of the UnitedStates Internal Revenue Code received prior to

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January 1, 1994 shall have until October 1, 1998, tocomply with the provisions of this section.

Florida Air and Water Pollution Control Act, Title 29,Public Health, Chapter 403, Environmental Control,sections 403.011 et seq.

The State is responsible for regulating the pollution ofair and water under this Act by administering andenforcing the State standards for air and waterquality. A permit is required for the operation, con-struction, or expansion of any installation that may bea source of air or water pollution. This Act authorizesthe State to establish restoration programs for waterbodies within State and rules for waters categorizedas Outstanding Florida Waters. The State approvescurrent and long-range plans for air and water qualitycontrol and pollution abatement. The Statestormwater program is also authorized in accordancewith this Act.

The State enforces this Act by instituting civil actionsfor damages to the “air, waters, or property, includinganimal, plant, and aquatic life” caused by any viola-tion and civil penalties of up to $10,000 per offense.Each day of a continuing violation constitutes aseparate offense. The State can also pursue civilpenalties for damages, administrative relief, injunc-tive relief, and criminal penalties.

(1) Air Pollution Rules, FAC 17-2.100.

(2) Antidegredation for Surface Water Quality,Outstanding Florida Waters, FAC 17-3.041.

No degradation of water quality is allowed in Out-standing Florida Waters and Outstanding NaturalResource Waters except as provided in FAC 17-4.242 (2) and (3).

(3) Ambient Air Quality Standards, FAC 17-2.300.

(4) Rules on Permits, FAC 17-4.001.

(5) Special Protection for Outstanding Florida Waters,FAC 17-4.242.

(6) Stormwater Discharge Regulations, FAC 17-25.001.

(7) Water Quality Standards. FAC 17-3.011.

(8) Wetlands Application Regulations, FAC 17-611.100.

Environmental Protection Act of 1971, Title 29, PublicHealth, Chapter 403, Environmental Control, sections403.412 et seq.

Injunctive relief is available to Florida’s Department ofLegal Affairs, any political subdivision or municipalityof the State, or any private citizen in order: 1) tocompel a government agency to enforce its rules orthe law protecting air, water, or other natural re-sources; or 2) to stop any person or governmententity from violating a law or regulation protecting theair, water, or other natural resources.

Florida Litter Law of 1971, Title 29, Public Health,Chapter 403, Environmental Control, sections403.413-403.4135.

This law makes it illegal to dump litter of any kind, inany manner or amount, on roads or public lands, orin lakes, rivers, canals, streams, tidal waters, orcoastal waters unless authorized by law or permit.The penalties for violating this Act range from civilfines to criminal prosecution. The Litter Law isenforced by all law enforcement officers in Florida.

Florida Pollutant Spill Prevention and Control Act,Title 28, Natural Resources; Conservation, Reclama-tion, and Use, Chapter 376, Pollutant DischargePrevention, sections 376.011-376.319.

This Act provides the State with the authority toregulate the transfer, storage, or transportation ofproducts that contain pollutants between vessels,onshore facilities and vessels, and terminal facilitieswithin State jurisdiction. For the purposes of this Act,pollutants are defined as oil of any kind, gasoline,pesticides, ammonia, chlorine, and derivatives,excluding liquefied petroleum gas. The discharge ofany of these substances into or on any coastalwaters, estuaries, tidal flats, beaches, or landsadjoining the sea coast of the State is generallyprohibited. When a prohibited discharge occurs, thisAct provides for proper removal and establishesliability limits for the terminal facility or vessel andreimbursement of persons who have been damaged.Furthermore, the State is authorized to contain andremove any pollution caused by these activities. Atrust fund has been established to pay for inspec-tions, supervision over activities, and reasonabledamage claims. The State possesses strong enforce-ment powers, including civil penalties that can reach$50,000 per violation per day.

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Surface Water Improvement and Management Act,Title 28, Natural Resources, Chapter 373, SurfaceWaters, sections 373.451-373.4596.

Each water management district prepares andmaintains a list of prioritized water bodies of regionalor statewide significance. Based on criteria devel-oped by the State for these water bodies, the watermanagement districts develop surface water im-provement and management plans to restore andmaintain the water quality. The Surface WaterImprovement and Management Trust Fund is avail-able for planning and implementation.

Water Resources Restoration and Preservation Act,Title 29, Public Health, Chapter 403, EnvironmentalControl, sections 403.0615 et seq.

The State samples the water quality of State watersand establishes restoration programs when needed.

Water Resources Act of 1972, Title 28, NaturalResources; Conservation, Reclamation, and Use,Chapter 373, Water Resource Plan, sections 373.026et seq.

Under this Act, the State supervises regional watermanagement districts. The South Florida WaterManagement District (SFWMD) manages the FloridaKeys. Pursuant to the permitting authorization in thisAct, the SFWMD regulates development impactingfreshwater wetlands and estuarine systems. TheSFWMD’s authority to permit activities extends to all“waters in the State,” including coastal waters.

Waste Management Authorities.

Florida Solid and Hazardous Waste Management Act(FSHWMA), Title 29, Public Health, Chapter 403,Environmental Control, sections 403.702-403.7721.

This statute regulates the storage, collection, trans-port, separation, processing, recycling, and disposalof solid waste, including hazardous waste. The Actwas passed to protect public health and enhance theenvironment, while at the same time recoveringresources that still have use. Pursuant to this author-ity, the State coordinates solid waste planning,reviews and issues permits for the construction,operation and closure of solid waste managementfacilities, creates and enforces standards for thegeneration, treatment, storage, and disposal ofwaste, and promotes recycling. The Act requirescertain storage, treatment, and disposal activities forall types of solid waste, including residential wasteand used oil.

(1) Biohazardous Waste Management Regulations,FAC 17-712.100 et seq.

(2) Hazardous Substance Release Notification Rules,FAC 17 150.200 et seq.

When a reportable quantity of a hazardous sub-stance is released, the owner/operator of a facilitythat allows the release must notify the State.

(3) Hazardous Waste Rules, FAC 17-730.001 et seq.

The State’s regulations implementing the FSHWMA.

(4) Inland Protection Trust Fund.

Provides payment for cleanup and closure of leakingUST with petroleum or petroleum products.

(5) Resource Recovery and Management Regula-tions, FAC 17-7.200 et seq.

The State’s regulations, which implement the FloridaResource Recovery and Management Act, set thecriteria and standards for recycling and recovery ofmaterials from wastes.

(6) Solid Waste Disposal Facilities Regulations, FAC17-701.001 et seq.

The State’s regulations implementing the FSHWMA.

(7) Underground Storage Tanks Regulation, FAC 17-61.001 et seq.

The State’s regulations prescribing standards forunderground storage tanks; providing for registrationand notification requirements; mandating construc-tion, operation, repair, and closure standards; estab-lishing an inspection program; creating a petroleum-contaminated cleanup reimbursement funds, criteria,and site ranking.

(8) Used Oil Management Regulations, FAC 17-710.100 et seq.

Florida Statewide Multipurpose Hazardous WasteFacility Siting Act, Title 29, Public Health, Chapter403, Environmental Control, sections 403.78-403.7893.

This Act establishes a centralized and coordinatedpermitting process for the location, construction,operation, and maintenance of hazardous wastemanagement facilities.

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Florida Industrial Siting Act.

(1) Industrial Siting Regulations, FAC 17-23.001 to23.200.

These regulations implement the Industrial Siting Actby providing a centrally coordinated permit review forindustrial, commercial, wholesale, or retail projects toensure that these projects will protect nationalresources.

Development and Planning.

Local Government Comprehensive Planning andLand Development Regulation Act, Title 11, CountyOrganization and Intergovernmental Relations,Chapter 163, Intergovernmental Programs, sections163.3161 et seq.

This Act confers on local officials the responsibility ofplanning and regulating the use of land by adoptinglocal government comprehensive plans and landdevelopment regulations in conformity with theEnvironmental Land and Water Management act of1972. Section 163.3178 deals specifically withcoastal management.

(1) Local Planning Regulations, FAC 9J-5 [9J-ll, 9J-12, 9J-24, 9J-26, and 9J-29].

These regulations implement the Local GovernmentPlanning and Land Development Act by providingthat planning activities are integrated on a State,regional, and local level.

State Comprehensive Planning Act of 1972, Title 13,Planning and Development, Chapter 186, State andRegional Planning, sections 186.001 et seq., andChapter 187, State Comprehensive Plan.

This Act creates an integrated planning process toguide State policies in many areas, specificallyincluding land use and water resources. The Statecomprehensive plan has become the authoritativeexpression of State policy and is a long-rangeplanning tool to aid in orderly social, economic, andphysical growth. It provides goals for water re-sources, coastal and marine resources, air quality,natural systems and recreational lands, waste, landuse, and cultural historical resources. [The StateWater Use Development Plan for the State’s waterresources does not provide any additional regulatoryauthority, but is used as a functional part of the State

Comprehensive Plan and provides policy guidancefor the State’s activities related to water use.]

Florida Regional Planning Council Act, Sections186.501-.513.

This statute establishes a formal mechanism, in theform of regional planning councils and regional plans,to link local concerns, regional policies, and Stateplans.

Miscellaneous.

Pesticides. The State is represented by the FloridaCoordinating Council on Mosquito Control, a bodyestablished by the statute (Chapter 388, F.S.) thatgives the Department general authority to accomplishits mission.

Wastewater Facilities Regulation. Domestic Waste-water treatment plants are permitted in accordancewith Chapter 17-600, F.A.C., Chapters 17-610,F.A.C., and 17-640, F.A.C., are used to permit the re-use of reclaimed water and land application ofwastewater residuals aspects of wastewater treat-ment plant permitting. Chapter 17-40, F.A.C., con-tains provisions for mandatory re-use within desig-nated critical water supply areas by the WaterManagement Districts. Also, any new or expandedsurface water discharges must meet the anti-degra-dation requirements in Chapters 17-4 and 17-302,F.A.C.

Underground Injection Well Control. The Under-ground Injection Control (UIC) system was delegatedto the Department in April 1982 under Chapter 17-28F.A.C. The UIC rule regulates injection wells.

Septic tanks, or on-site sewage disposal systems(OSDS), are permitted by the County Public HealthUnits in accordance with Chapter lOD-6, F.A.C.

The Department of Health and Rehabilitative Ser-vices is created under Section 20.19, Florida Statutes(F.S.). The specific authority to conduct the OSDSprogram is granted under sections 381. 0064-66, F.S.Specific regulations promulgated under these sec-tions are contained in Chapter lOD-6 of the FloridaAdministrative Code (FAC). Section 381.0064, F.S.,requires the department to provide continuingeducation courses for "septic tank contractors, pump-out operators, environmental health specialists, andmaster plumbers who install septic tanks or serviceseptic tanks." Section 381.0065, F.S., provides forinstallation conditions for OSDSs. Section 381.0066,

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F.S., provides the authority for the implementation ofa fee schedule designed to recover the cost ofcarrying out the on-site sewage disposal program.Chapter lOD-6, F.A.C., contains the regulationspromulgated by the Department to oversee theinstallation and operation of individual OSDSs.

The general purpose of the Division of Tourism underSection 218.121, F.S. is to guide, stimulate, andpromote the coordinated, efficient, and beneficialtravel and leisure development of the state of itsregion. The 1991 Legislature created the FloridaTourism Commission (Chapter 91-31, Laws ofFlorida). The Division will operate under the oversightof this commission, whose authority includes funding,planning, promoting and coordinating the State’sactivities relating to tourism.

The Florida Transportation Code of the FloridaStatutes includes Chapters 334-339, 341, 347, 348,and 349 and sections 332.003-322.007, 351.35,351.36, 351.37, and 861.011. The following sectionsand chapters supplement the Code and provideadditional authority to the Department: section 20.23and Chapters 206, 212, 316, 320, 427, and 479.

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Appendix D. Federal Fishery Management

D-1

Federal Fishery Management

Fishery Management Plans

Regional fishery management councils have beenestablished by the Magnuson Fishery Conservationand Management Act to manage fishery resources inthe U.S. exclusive economic zone. This is accom-plished through the preparation of Fishery Manage-ment Plans (FMP) that encompass domestic andforeign fishing efforts for species within their areas ofauthority. The Councils initially identify a need forfishery management, then determine the objectivesthat the FMP would accomplish within a defined timeperiod. An FMP is then prepared that includes a listof management alternatives that can be used toachieve these objectives. After the FMP is approvedby the Council, it is taken to public hearings. Follow-ing these hearings and the expiration of the requiredreview period, the FMP is submitted to the Secretaryof Commerce for approval and implementation. TheDepartment of Commerce, through National MarineFisheries Service agents, the U.S. Coast Guard, andcooperative agreements with State agencies, isresponsible for enforcing the FMP laws and regula-tions.

The Councils are charged with developing FMPs todefine certain fisheries within their jurisdictions andestablish management measures to prevent overfish-ing. Highly migratory species, including billfish,swordfish, tunas, and sharks, are managed directlyby the National Marine Fisheries Service on behalf ofthe Secretary (of Commerce).

FMPs Affecting the Sanctuary

FMPs governing fisheries within the FKNMS andtheir implementing regulations are as follows:

Gulf of Mexico Fishery Management Council

Red Drum 50 CFR 653Reef Fish 50 CFR 641Shrimp 50 CFR 658Stone Crab 50 CFR 654

South Atlantic Fishery Management Council

Atlantic Red Drum 50 CFR 647Shrimp 50 CFR 658Snapper-Grouper 50 CFR 646

Joint Gulf and South Atlantic Council

Coastal Migratory Pelagic Resources 50 CFR 642Coral and Coral Reefs 50 CFR 638Spiny Lobster 50 CFR 640

Secretarial FMPs

Atlantic Billfish 50 CFR 644Atlantic Swordfish 50 CFR 630Shark of the Atlantic Coast 50 CFR 678Atlantic Tuna Fisheries-Atlantic Tunas Convention Act of 1975 50 CFR 285

National Standards

The national standards are statutory principles thatmust be followed in any FMP. In developing FMPs,the Councils have the initial authority to ascertainfacts, establish management objectives, and topropose management measures that will achieve theobjectives. The Secretary (of Commerce) determineswhether the proposed management objectives andmeasures are consistent with the national standards,other provisions of the Magnuson Act, and otherapplicable law. The NMSA authorizes the Councils toprepare draft fishing regulations for the sanctuaries,pursuant to 16 U.S.C. 1434 (a)(5), using the followingnational standards as guidance.

National Standard 1 - Optimum Yield

Conservation and management measures shallprevent overfishing while achieving, on a continuingbasis, the optimum yield from each fishery for theUnited States fishing industry.

National Standard 2 - Scientific Information

Conservation and management measures shall bebased upon the best scientific information available.

National Standard 3 - Management Units

To the extent practicable, an individual stock of fishshall be managed as a unit throughout its range, andinterrelated stocks of fish shall be managed as a unitor in close coordination.

National Standard 4 - Allocation

Conservation and management measures shall notdiscriminate between residents of different states. If itbecomes necessary to allocate or assign fishing

Appendix D. Federal Fishery Management

D-2

privileges among various United States fishermen,such allocation shall be: (1) Fair and equitable to allsuch fishermen; (2) Reasonably calculated to pro-mote conservation; and (3) Carried out in such amanner that no particular individual, corporation, orother entity acquires an excessive share of suchprivileges.

National Standard 5 - Efficiency

Conservation and management measures shall,where practicable, promote efficiency in the utilizationof fishery resources; except that no such measureshall have economic allocation as its sole purpose.

National Standard 6 - Variations and Contingencies

Conservation and management measures shall takeinto account and allow for variations among, andcontingencies in, fisheries, fishery resources, andcatches.

National Standard 7 - Costs and Benefits

Conservation and management measures shall,where practicable, minimize costs and avoid unnec-essary duplication.

Stock Assessment And Fishery Evaluation (SAFE) Reports

The SAFE Report is a document that provides theCouncils with a summary of the most recent biologi-cal status of the species in the fisheries and thesocial and economic condition of the recreational andcommercial fishing interests. It summarizes, on aperiodic basis, the best available scientific informa-tion concerning past, present, and possible futurecondition of the stocks and fisheries being managedunder Federal regulations. SAFE reports have beendeveloped for all Council FMPs listed above. SAFEreports are available from NMFS, Office of FisheryManagement, Silver Spring, MD, 20910.

E-1

Appendix E. Sample Strategy Description Sheet

Sample Strategy Description Sheet

F-1

Appendix F. Sample Strategy Characterization Sheet

Sample Strategy Characterization Sheet

Present (H M L) Future (H M L)

In a GivenArea

ThroughoutSanctuary

Notes/Assumptions

Relative Impacts

+/– H M L H M L

Present (H M L) Future (H M L)BD-3 Signs at Boat Ramps

1. Corals

2. Hardbottoms

3. Seagrasses

4. Algal Communities

5. Mangroves

6. Sediments

7. Submerged Cultural Resources

Strategy

Preliminary Characterization Worksheet

+

+

+

+

+

+

+ XX

XXXXX

XX

XXXXX

Theme: Habitats

Present (H M L) Future (H M L)BD-2 Restricted zoning for all habitat in the FKNMS

1. Corals

2. Hardbottoms

3. Seagrasses


5. Mangroves

6. Sediments

7. Submerged Cultural Resources + X+ X+ X+ X+ X+ X+ X X

XXXXXX

L

L

L

L

L

L

L

1. Corals

2. Hardbottoms

3. Seagrasses


5. Mangroves

6. Sediments

7. Submerged Cultural Resources

+

+

+

+

+

X

XX

X

X X

XX

XX H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

H

HH

H

M

M

M

M

MM

M

BD-1 Standardize Channel Marker System in FKNMS

Appendix G. Mid-range Alternative Strategies

G-1

on this inventory, a boating access plan will be developedthat: 1) directs new public access points, including marinasand mooring areas, to low-impact areas; and 2) requiresmodification of access ramps directly affecting sensitiveareas (i.e., seagrasses, mangroves, hardbottom, etc.)throughout the Sanctuary.

Impacts will also be reduced through the use of low-costadministrative techniques such as signs posted at boatramps, restricted access during certain times of the day,and the closure of access points for a specified amount oftime. Prerequisites include developing benthic habitat andbathymetry maps and assessing the distribution of accesspoints.

B.1.c Conduct a survey to assess public and privateboat access throughout the Sanctuary to develop alow-impact access plan; implement restrictions on newpublic access; and require modification of public andprivate access to reduce impacts to resources anduser conflicts throughout the Sanctuary. (Alt. II)

This strategy is designed to reduce resource impacts fromall boating activities throughout the Sanctuary. An inventorywill first be conducted of the existing locations of public andprivate boat access ramps and their levels of use. Basedon this inventory, a boating access plan will be developedthat: 1) restricts new public access points, includingmarinas and mooring areas, to low-impact areas; 2)requires modifications to both public and private access toreduce impacts to resources and user conflicts; and 3)implements restrictions on new public access areas.


B.2.a Continue ongoing habitat restoration activi-ties and monitor recovery processes. (Alt. IV)

This strategy supports current efforts to restore andenhance coral, seagrass, and mangrove habitats atseverely impacted sites through the help of variousorganizations, including volunteer groups and NGOs.Restoring these habitats will enhance fishery stocks.Seagrass and coral transplanting are examples of restora-tion activities, but other techniques must also be devel-oped. Recovery processes (e.g., recruitment and surviv-ability) will be monitored at these sites. An extensivedemonstration project will be developed for mitigation andrestoration techniques following physical disturbances orchronic pollutant inputs. Emergency or long-term restora-tion zones may be established to allow for sufficientresource recovery.

Boating

B.1.a Conduct a survey to assess public and privateboat access throughout the Sanctuary to develop alow-impact access plan. Implement low-cost adminis-trative changes for public access (e.g., signage, timingrestrictions, closures, etc.). (Alt. IV)

This strategy is designed to reduce resource impacts fromall boating activities throughout the Sanctuary. An inventorywill first be conducted of the existing locations of public andprivate boat access ramps and their levels of use. Basedon this inventory, a boating access plan will be developedto direct new public and private access points, includingmarinas and mooring areas, to low-impact areas.


B.1.b Conduct a survey to assess public and privateboat access throughout the Sanctuary to develop alow-impact access plan; direct new public access tolow-impact areas; and modify as appropriate anyaccess affecting sensitive areas throughout theSanctuary. (Alt. III)

This strategy is designed to reduce resource impacts fromall boating activities throughout the Sanctuary. An inventorywill first be conducted of the existing locations of public andprivate boat access ramps and their levels of use. Based

Mid-range Alternative Strategies

This appendix presents the three mid-range manage-ment alternatives being considered for inclusion inthe comprehensive Draft Florida Keys NationalMarine Sanctuary Management Plan and describesthe strategies (proposed management actions) thatcomprise them. It also details the differences be-tween the strategies across each mid-range alterna-tive.

The strategies described in this appendix are theresult of a two-year effort to gather and distill informa-tion relevant to meeting the requirements of theNational Environmental Policy Act (NEPA). Eachalternative represents a different approach to manag-ing the Sanctuary, and this appendix is designed topresent the most complete view of the currentstrategies by issue.


G-2

B.2.b Conduct a program of restoration research atrepresentative habitat sites within the Sanctuary;develop a restoration plan and implement restorationin severely impacted areas. Monitor recovery pro-cesses. (Alt. III)

This strategy is designed to promote research and thedevelopment of new technologies to restore and enhancecoral, seagrass, and mangrove habitats throughout theSanctuary. Restoring these habitats will enhance fisherystocks. Seagrass and coral transplanting are examples ofrestoration activities, but other techniques must also bedeveloped. A restoration plan will be developed andimplemented for severely impacted areas. Recoveryprocesses (e.g., recruitment and survivability) will bemonitored at these sites. An extensive demonstrationproject will be developed for mitigation and restorationtechniques following physical disturbances or chronicpollutant inputs. Emergency or long-term restoration zonesmay be established to allow for sufficient resource recov-ery.

B.2.c Conduct a program of restoration research atrepresentative habitat sites within the Sanctuary;develop a restoration plan and implement restorationin all impacted areas. Monitor recovery processes. (Alt.II)

This strategy is designed to promote research and thedevelopment of new technologies to restore and enhancecoral, seagrass, and mangrove habitats throughout theSanctuary. Restoring these habitats will enhance fisherystocks. Seagrass and coral transplanting are examples ofrestoration activities, but other techniques must also bedeveloped. A restoration plan will be developed andimplemented for all impacted areas. Recovery processes(e.g., recruitment and survivability) will be monitored atthese sites. An extensive demonstration project will bedeveloped for mitigation and restoration techniquesfollowing physical disturbances or chronic pollutant inputs.Emergency or long-term restoration zones may be estab-lished to allow for sufficient resource recovery.

B.3.a Develop a removal and disposal plan forderelict and abandoned vessels throughout theSanctuary and streamline the existing permittingprocess for the removal of derelict and abandonedvessels from high-use and sensitive areas. (Alt. IV)

This strategy will reduce direct and indirect impacts tonatural resources from derelict and abandoned vessels. Aremoval and disposal plan will include: 1) assessing thelocation and extent of derelict and abandoned vessels; 2)streamlining the existing permitting process for removingderelict and abandoned vessels from high-use andsensitive areas; and 3) requiring the use of environmentallysound removal practices and techniques.

Screening criteria will also be developed to determinewhether or not to move a vessel. Criteria will includepossible damage to the environment and the establishmentof a policy where the owner of the vessel, if known, wouldpay for its removal.

B.3.b Develop and implement a removal and dis-posal plan for derelict and abandoned vessels, stream-line the permitting process, and require the removal ofall derelict and abandoned vessels throughout theSanctuary. (Alts. III and II)

This strategy will reduce direct and indirect impacts tonatural resources from derelict and abandoned vessels. Aremoval and disposal plan will include: 1) assessing thelocation and extent of derelict and abandoned vessels; 2)streamlining the existing permitting process for removingderelict and abandoned vessels from high-use andsensitive areas; and 3) requiring the use of environmentallysound removal practices and techniques. It will also requirethe removal of derelict and abandoned vessels throughoutthe Sanctuary.


B.4.a Establish a channel and “significant features”marking system and associated regulations regardingboat speeds and wakes to reduce natural resourcedamages, and implement in sensitive areas (e.g.,corals, hardbottoms, some mangrove creeks, sub-merged aquatic vegetation). (Alt. IV)

This strategy will reduce damage to natural resources fromboating activities by: 1) placing regulatory and informationalfloating buoys or fixed markers at major shallow-waterreefs, shoals, or other significant features; 2) markingfrequently used and preferred channels; and 3) reducingboat wakes in sensitive habitats, areas vulnerable toerosion, and high-density areas such as marinas. Thestrategy will be implemented in sensitive areas (corals,hardbottoms, some mangrove creeks, submerged aquaticvegetation). A survey to identify and map areas of frequentgroundings, channels, sites of shallow-water reefs, shoalsand other significant features is a prerequisite. Thisstrategy will affect all watercraft, including personalwatercrafts (PWC).

B.4.b Establish a channel/waterway marking systemthroughout the Sanctuary. (Alts. III and II)

This strategy will reduce damage to natural resources fromboating activities by: 1) placing regulatory and informationalfloating buoys or fixed markers at major shallow-waterreefs, shoals, or other significant features; 2) marking


G-3

frequently used and preferred channels; and 3) reducingboat wakes in sensitive habitats, areas vulnerable toerosion, and high-density areas such as marinas. Thestrategy will be implemented throughout the Sanctuary. Asurvey to identify and map areas of frequent groundings,channels, sites of shallow-water reefs, shoals, and othersignificant features is a prerequisite. This strategy willaffect all watercraft, including personal watercraft (PWC).

B.5.a Develop a response plan for boat groundingsthroughout the Sanctuary. (Alts. IV, III, and II)

This strategy will develop a standard response plan toaddress boat groundings throughout the Sanctuary. Theplan should reduce response time, a critical factor inlimiting the potential for extensive resource damage. Aprerequisite is to identify the available response resourcesand the affected agencies, and to develop a protocol forresponsibility, assessment standards, methods, andtraining.

B.6.a Add 10 Sanctuary enforcement officers to deployin high-use and sensitive areas. (Alt. IV)

This strategy will increase the presence of law enforcementofficers (LEOs) on the water to protect resources andreduce user conflicts. This will be accomplished by hiring10 more LEOs and deploying them in high-use andsensitive areas. Remote observation techniques may beused to aid enforcement efforts. High-use and sensitiveareas will be identified.

B.6.b Add 30 Sanctuary enforcement officers todeploy in high-use and sensitive areas. (Alt. III)

This strategy will increase the presence of law enforcementofficers (LEOs) on the water to protect resources andreduce user conflicts. This will be accomplished by hiring30 more LEOs and deploying them in high-use andsensitive areas. Remote observation techniques may beused to aid enforcement efforts. High-use and sensitiveareas will be identified.

B.6.c Add 50 Sanctuary enforcement officers todeploy throughout the Sanctuary. (Alt. II)

This strategy will increase the presence of law enforcementofficers (LEOs) on the water to protect resources andreduce user conflicts. This will be accomplished by hiring50 more LEOs and deploying them throughout the Sanctu-ary. Remote observation techniques may be used to aidenforcement efforts.

B.7.a Reduce pollution discharges (e.g., sanitarywastes, debris, and hydrocarbons) from vessels byenforcing existing regulations, assessing the need foradditional regulations, and implementing and enforc-ing new regulations (i.e., upcoming regulation restrict-ing discharge in State waters). Change the environ-mental crimes category associated with dischargesfrom felony to civil offense, thereby removing the needto prove criminal intent. (Alts. IV, III, and II)

This strategy will help avoid further water quality degrada-tion by boaters and live-aboards by: 1) requiring boatersand live-aboards to use holding tanks; 2) restricting thedischarge of substances (other than fish waste andexhaust) into nearshore waters; and 3) establishing trash-collection stations. This strategy requires an assessment ofwhere pump-out and trash-collection stations are mostneeded and where they should be located (e.g., in marinasor elsewhere). The strategy includes a review of theadequacy of existing regulations that address pollutiondischarges from vessels and the need for additionalregulations. This strategy could also reduce pollution byproviding civil penalties (e.g., fines) for environmentalcrimes such as discharging fuel or pumping out a ship-board holding tank. These are currently felonies, andobtaining a conviction requires proving criminal intent,which is often difficult. Reclassifying these actions as civiloffenses would make it easier to discourage the pollution ofSanctuary waters.

B.8.a Conduct a boating fee assessment study toevaluate and reallocate Sanctuary-related fees. (Alt. IV)

This strategy will examine mechanisms for generatingfunds for use in Sanctuary management and relatedresearch. Boating activity levels will be assessed, andexisting fees related to resource utilization in the Sanctuaryevaluated. Based on this information, an impact fee planwill be considered for different users in proportion to theiruse levels. The fee could be implemented through thepurchase of a sticker or stamp to be displayed on the boator fishing license. A process will be developed to properlyfunnel and utilize existing fees.

B.8.b Conduct a boating fee assessment study toevaluate and reallocate Sanctuary-related fees;implement appropriate impact fees. (Alts. III and II)

This strategy will examine mechanisms to generate fundsfor use in Sanctuary management and related research.Boating activity levels will be assessed and existing feesrelated to resource utilization in the Sanctuary evaluated.Based on this information, appropriate impact fees will beimplemented, contingent upon the current study to estab-lish user fees for NOAA's national marine sanctuaries, forusers in proportion to their use levels. The fee could beimplemented through the purchase of a sticker or stamp tobe displayed on the boat or fishing license. A process willbe developed to properly funnel and utilize existing fees.


G-4

B.9.a Establish a voluntary visitor registrationprogram to assess user activity in the Sanctuary.(Alts. IV, III, and II)

This strategy will help better understand overall Sanctuaryuse patterns by determining the areas of the Sanctuaryvisited most frequently and the types of visitor activities.Visitors can fill out registration forms at all Sanctuaryoffices, Federal- and State-administered areas and visitorcenters and, at the same time, can obtain information onthe Sanctuary.

B.10.a Establish damage assessment standards forvessel groundings in the Sanctuary. (Alts. IV, III, and II)

This strategy will establish a standard damage assessmentmethodology for vessel groundings on coral reefs andother vulnerable or sensitive habitats. Establishing astandard damage assessment methodology includesimproving response times, assessment procedures, andlitigation practices. Prerequisites include: 1) developing anassessment procedure manual; 2) assembling assessmentresponse teams; 3) identifying assessment techniques forall habitat types; and 4) determining resource values.

B.11.a Establish permits (e.g., for researchers,educators, emergency response personnel, salvors,salvage operators, animal rescue operations) toconduct activities otherwise prohibited within theSanctuary; facilitate simplified permitting. (Alts. IV, III,and II)

This strategy will allow access by special groups (e.g.,researchers, educators, emergency response personnel,salvage operators, and animal rescue operations) torestricted areas (e.g., nesting sites, spawning areas, etc.).Permits will be monitored and permit provisions enforced.

B.12.a Expand Federal/State/local cooperative lawenforcement and cross-deputization programs andprioritize enforcement areas. (Alts. IV, III, and II)

This strategy will increase the efficiency and effectivenessof enforcement efforts. It will establish coordination andcooperation among agencies and increase interagencycommunication by: 1) developing cooperative administra-tive agreements that establish Federal, State, and localenforcement authority among all officers; 2) schedulingefficient equipment and staff use among all agencies; 3)standardizing training; 4) developing a process for handlingviolations; 5) standardizing radio communications (i.e., useof a common radio frequency); 6) promoting cooperationwith the military in detecting violations; and 7) determiningpriority enforcement areas. Establishing cooperativeagreements and identifying priority areas are prerequisites.

B.13.a Establish regulations and procedural guide-lines for commercial salvaging and towing of vesselsin need of assistance. (Alt. IV)

This strategy will reduce damage to natural resourcesresulting from improper vessel salvage methods bydeveloping standard vessel salvage procedures including:1) obtaining a permit; 2) notifying authorities; 3) having anauthorized observer at the site or receiving permission toproceed; 4) providing operator training; and 5) promotingthe use of environmentally sound salvaging and towingpractices and techniques. Prerequisites include establish-ing a Memorandum of Understanding (MOU) with theCoast Guard and the construction of a bond/insuranceprogram.

B.13.b Establish regulations and procedural guide-lines for commercial salvaging and towing of vesselsin need of assistance. Implement permitting forsalvaging and towing throughout the Sanctuary andestablish an operator training program. (Alt. III)

This strategy will reduce damage to natural resourcesresulting from improper vessel salvage methods bydeveloping standard vessel salvage procedures including:1) obtaining a permit; 2) notifying authorities; 3) having anauthorized observer at the site or receiving permission toproceed; 4) providing operator training; and 5) promotingthe use of environmentally sound salvaging and towingpractices and techniques. Permitting for salvaging andtowing operations will be implemented throughout theSanctuary. A program to train operators in environmentallysound methods of towing and salvaging will also beestablished and promoted. Prerequisites include establish-ing an MOU with the Coast Guard and the construction of abond/insurance program.

B.13.c Establish regulations and procedural guide-lines for commercial salvaging and towing of vesselsin need of assistance. Implement permitting forsalvaging and towing throughout the Sanctuary andrequire operator training . (Alt. II)

This strategy will reduce damage to natural resourcesresulting from improper vessel salvage methods byestablishing standard vessel salvage procedures including:1) obtaining a permit; 2) notifying authorities; 3) having anauthorized observer at the site or receiving permission toproceed; 4) requiring operator training; and 5) promotingthe use of environmentally sound salvaging and towingpractices and techniques. Permitting for salvaging andtowing operations and operator training will be requiredthroughout the Sanctuary. Prerequisites include establish-ing an MOU with the Coast Guard and the construction of abond/insurance program.


G-5

construction in areas with inadequate surrounding waterdepth. The intent of this strategy is to develop a protocolbetween the ACOE, FL DCA, and Monroe County for onlypermitting docks in areas where there are accessiblechannels of adequate depth, and where they will notadversely impact important marine resources.

B.17.a Develop and implement regulations for theoperation of PWC and other motorized vessels within100 yards of sensitive or critical areas, other boats,and people in the water. Develop and implementregulations and procedural guidelines for commercialPWC rental operations. (Alt. IV)

This strategy will reduce damage to natural resourcesresulting from the improper operation of PWCs and othermotorized vessels, and will address user-conflict issues.Special-use Areas (strategy Z.5) will be used to establish100-yard idle-only buffer zones around sensitive areas(e.g., residential shorelines, edges of flats, and areas beingused by wading or nesting birds). Riders will be required tooperate at idle speeds within 100 yards of other vessels,bridges, persons in the water, persons fishing, and withinresidential canals. Rental operations will also be requiredto establish their own zones, subject to permit require-ments, where riders can be observed at all times. Areas tobe avoided will be marked according to the channel-marking strategy (B.4).

To further protect the resources and reduce user conflicts,rental operations will be required to screen and train theiremployees on safe and environmentally sound methods ofPWC operation. Employees will be given a training manualthat they must sign certifying that they understand itscontents. In addition, information about the Sanctuary mustbe made available to clients.

To enhance safe riding, rental operations must be able toeffect emergency communications, have rescue and chasevessels available, and have personnel available who aretrained in first-aid and CPR.

Users of PWCs must comply with existing laws, includingminimum age and equipment requirements and regulationsgoverning vehicle operation (e.g., surfing the wakes ofother vessels).

B.17.b Develop and implement regulations for theoperation of PWC and other motorized vessels within200 yards of sensitive or critical areas, other boats,and people in the water. Develop and implementregulations and procedural guidelines for commercialPWC rental operations. (Alt. III)

This strategy will reduce damage to natural resourcesresulting from the improper operation of PWCs and othermotorized vessels, and will address user-conflict issues.Special-use Areas (strategy Z.5) will be used to establish200-yard idle-only buffer zones around sensitive areas(e.g., residential shorelines, edges of flats, and areas being

B.15.a Conduct an assessment of current mooringbuoy technology to determine impacts to resourcesand to evaluate which are the most environmentallysound, cost-effective, and functional for use in Sanctu-ary waters. Develop a comprehensive mooring buoyplan providing for the maintenance of buoys, theplacement of buoys as needed, and the implementa-tion of vessel size limits at mooring buoys in sensitiveareas. (Alt. IV)

This strategy decreases user conflicts, prolongs mooringbuoy life, and reduces the risk of vessel groundings by: 1)assessing vessel impacts on mooring buoys and naturalresources; 2) determining the impacts of mooring buoytechnologies on resources; and 3) determining whichmooring buoy designs are the most environmentally sound,cost-effective, and functional. A comprehensive mooringbuoy plan will be developed providing for the maintenanceof buoys, the placement of buoys as needed, and theimplementation of vessel size limits at mooring buoys insensitive areas. The assessment will define vessel sizelimits.

B.15.b Conduct an assessment of current mooringbuoy technology to determine impacts to resourcesand to evaluate which are the most environmentallysound, cost-effective, and functional for use in Sanctu-ary waters. Develop a comprehensive mooring buoyplan providing for the maintenance of buoys, theplacement of buoys as needed, and the implementa-tion of vessel size limits at mooring buoys throughoutthe Sanctuary. (Alts. III and II)

This strategy decreases user conflicts, prolongs mooringbuoy life and reduces the risk of vessel groundings by:1) assessing vessel impacts on mooring buoys and naturalresources; 2) determining the impacts of mooring buoytechnologies on resources; and 3) determining whichmooring buoy designs are the most environmentally sound,cost-effective and functional. A comprehensive mooringbuoy plan will be developed providing for the maintenanceof buoys, the placement of buoys as needed, and theimplementation of vessel size limits at mooring buoysthroughout the Sanctuary. The assessment will definevessel size limits.

B.16.a Identify subdivisions and coastal areas wheredock construction should be prohibited due to inad-equate surrounding water depths and the presence ofimportant marine resources. Coordinate the Federal,State, and local permitting process for dock construc-tion. (Alts IV, III, and II)

Conduct a study to determine areas within the Sanctuarywhere dock construction should be prohibited because ofthe lack of channels providing access to navigable waters.This can be done in conjunction with strategy B.4. (Chan-nel Marking). Monroe County is currently permitting dock


G-6

used by wading or nesting birds). Riders will be required tooperate at idle speeds within 200 yards of other vessels,bridges, persons in the water, persons fishing, and withinresidential canals. Rental operations will also be requiredto establish their own zones, subject to permit require-ments, where riders can be observed at all times. Areas tobe avoided will be marked according to the channel-marking strategy (B.4).




B.17.c Develop and implement regulations for theoperation of PWC and other motorized vessels within300 yards of sensitive or critical areas, other boats,and people in the water. Develop and implementregulations and procedural guidelines for commercialPWC rental operations. (Alt. II)

This strategy will reduce damage to natural resourcesresulting from the improper operation of PWCs and othermotorized vessels, and will address user-conflict issues.Special-use Areas (strategy Z.5) will be used to establish300-yard idle-only buffer zones around sensitive areas(e.g., residential shorelines, edges of flats, and areas beingused by wading or nesting birds). Riders will be required tooperate at idle speeds within 300 yards of other vessels,bridges, persons in the water, persons fishing, and withinresidential canals. Rental operations will also be requiredto establish their own zones, subject to permit require-ments, where riders can be observed at all times. Areas tobe avoided will be marked according to the channel-marking strategy (B.4).




Fishing

F.1.a Establish a protocol for developing andrevising a consistent set of fisheries regulations, andimplement throughout the Sanctuary. (Alts. IV, III, andII)

This strategy will ensure administrative and regulatorycoordination between fisheries regulatory agenciesoperating within Sanctuary waters, and will develop aprocess for combining and revising existing regulations anddeveloping new regulations. All fisheries and harvestingmethods will be included. The Florida Marine FisheriesCommission (FMFC) and Gulf of Mexico and South Atlanticfisheries management councils are currently working onprotocols for developing and revising regulations within theSanctuary, and are deciding on a lead agency to coordi-nate and facilitate regulatory functions. Identifying andassessing existing regulations are prerequisites, andshould also form the basis for identifying additionalregulatory needs. Regulations developed under thisstrategy will ensure that the goals of long-term mainte-nance of the ecosystem and optimum sustainable yieldsare met. Any fisheries regulations implemented within theSanctuary (e.g., gear and fishing method restrictions,fishing area restrictions, and size limits) will be developedthrough the established protocol.

F.3.a Develop and conduct a research program toassess the impacts of stocking programs on thegenetic integrity of native stocks within the Sanctuary.The program will also be used to develop and imple-ment appropriate regulations on the stocking of nativeand non-native species to protect the genetic integrityof native stocks. (Alt. IV)

The research will build on native stock genetic integrityresearch conducted elsewhere to determine the effect offish stocking on the genetic integrity of native specieswithin the Sanctuary. This research will determine theextent to which changes in the genetic integrity of nativestocks have occurred, or are likely to occur, and the effectsof these changes on their abundance, distribution, and lifehistories. Research results will assist in the developmentand implementation of regulations governing stockingactivities.

F.3.b Implement a moratorium on stocking activi-ties. Assess existing research on the impacts ofstocking on the genetic integrity of native stocks.Conduct research on natural stock recovery and itsrole in maintaining genetic integrity. Conduct a re-


G-7

evaluation of stocking options. The length of themoratorium will depend on the length and results ofthe assessment. (Alts. III and II)

The research will build on native stock genetic integrityresearch conducted elsewhere to determine the effect offish stocking on the genetic integrity of native specieswithin the Sanctuary. This research will determine theextent to which changes in the genetic integrity of nativestocks have occurred, or are likely to occur, and the effectsof these changes on their abundance, distribution, and lifehistories. A moratorium and re-evaluation of stockingoptions will allow for the development and implementationof regulations governing stocking activities. The length ofthe moratorium will depend on the length and results of theassessment.

F.4.b Assess, develop, and promote mariculturealternatives for all commercially harvested marinespecies. Support efforts to eliminate the harvest andlanding of live rock. (Alt. III)

This strategy will reduce fishing pressures on commerciallyharvested marine species and help satisfy commercialdemand for these species. This is a long-term effortdesigned to identify and develop mariculture techniquesand promote the development of environmentally soundmariculture operations. This strategy also complements aprovision by the FMFC, which began a three-year phaseout of live rock harvesting in July 1992. The Sanctuary willsupport efforts to eliminate the harvest and landing of liverock in accordance with the FMFC and the protocolsestablished for consistent regulations in strategy F.1.a.

F.4.c Develop and implement mariculture alterna-tives for all commercially harvested marine species.Support efforts to eliminate the harvest and landing oflive rock. (Alt. II)

This strategy will reduce fishing pressures on commerciallyharvested marine species and help satisfy commercialdemand for these species. This is a long-term effortdesigned to identify and develop mariculture techniquesand promote the development of environmentally soundmariculture operations. Once effective mariculture tech-niques are developed for a given species, regulations willbe developed to reduce or eliminate the harvest of thatspecies in the wild. This strategy also complements aprovision by the FMFC, which began a three-year phaseout of live rock harvesting in July 1992. The Sanctuary willsupport efforts to eliminate the harvest and landing of liverock in accordance with the FMFC and the protocolsestablished for consistent regulations in strategy F.1.a.

F.5.a Assess limited-entry fisheries options forspecific Sanctuary fisheries. Develop appropriateregulations that ensure the long-term sustainability ofSanctuary fisheries. (Alt. IV)

This strategy will involve the assessment of existing fisheryregulatory programs that limit the number of persons,vessels, or units of fishing gear utilizing specific fisherieswithin the Sanctuary, within Florida, and elsewhere. Theobjective is to determine the extent to which limited-entrymanagement regimes can be used to: 1) protect specificmarine life species; 2) increase stock abundance; 3)reduce habitat damage; and 4) reduce user conflicts withinthe Sanctuary.

F.5.b Assess limited-entry fisheries options forspecific Sanctuary fisheries. Develop appropriateregulations that ensure the long-term sustainability ofSanctuary fisheries. Implement appropriate regulationson a fishery-by-fishery basis. (Alt. III)

This strategy will involve the assessment of existing fisheryregulatory programs that limit the number of persons,vessels, or units of fishing gear utilizing specific fisherieswithin the Sanctuary, within Florida, and elsewhere. Theobjective is to determine the extent to which limited-entrymanagement regimes can be used to: 1) protect specificmarine life species; 2) increase stock abundance; 3)reduce habitat damage; and 4) reduce user conflicts withinthe Sanctuary. This strategy will require the implementationof regulations limiting entry to fisheries that: 1) involvemarine life species in need of protection; 2) have low stockabundance; 3) are associated with areas exhibiting severehabitat damage; or 4) have a high degree of user conflicts.Regulations will be developed and implemented in accor-dance with the FMFC and the protocols established forconsistent regulations in strategy F.1.a.

F.5.c Assess limited-entry fisheries options forspecific Sanctuary fisheries. Develop appropriateregulations that ensure the long-term sustainability ofSanctuary fisheries. Implement regulations for allSanctuary fisheries. (Alt. II)

This strategy will involve the assessment of existing fisheryregulatory programs that limit the number of persons,vessels, or units of fishing gear utilizing specific fisherieswithin the Sanctuary, within Florida and elsewhere. Theobjective is to determine the extent to which limited-entrymanagement regimes can be used to: 1) protect specificmarine life species; 2) increase stock abundance; 3)reduce habitat damage; and 4) reduce user conflicts withinthe Sanctuary. The strategy requires the implementation ofregulations that limit entry to all Sanctuary fisheries.Regulations will be developed and implemented in accor-dance with the FMFC and the protocols established forconsistent regulations in strategy F.1.a.


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develop regulations for artificial reef construction andevaluate habitat suitability for artificial reefs. (Alts. IVand III)

This strategy will: 1) determine the impacts of artificial reefson fish abundance and community composition; 2) developdesign criteria including construction materials andappropriate sites; and 3) examine existing regulations/policies that would affect the placement of artificial reefswithin the Sanctuary. Regulations can be developed basedon research and in accordance with the protocols estab-lished in strategy F.1.a. This strategy also will allow for theimplementation of existing regulations.

F.7.c Implement a three-year moratorium on artifi-cial reef development. Conduct research on theimpacts of artificial reefs on fish and invertebratepopulations for long-term management, includinglocations, size, materials, etc. Monitor and evaluatehabitat modifications caused by the installation ofmarine structures. Assess and develop regulations forartificial reef construction and evaluate habitat suitabil-ity for artificial reefs. (Alt. II)

This strategy will: 1) determine the impacts of artificial reefson fish abundance and community composition; 2) developdesign criteria including construction materials andappropriate sites; and 3) examine existing regulations/policies which would affect the placement of artificial reefswithin the Sanctuary. Regulations can be developed basedon research and in accordance with the protocols estab-lished in strategy F.1.a. This strategy will also allow for theimplementation of existing regulations and prohibit artificialreef placement/construction within the Sanctuary for threeyears. This will allow for the development of new Sanctu-ary-specific regulations and the establishment of imple-mentation methods.

F.8.a Implement regulations to prevent the release ofexotic species into the Sanctuary. (Alts. IV, III, and II)

This strategy will prevent the introduction of exotic speciesinto the natural environment of the Sanctuary to ensurethat local and ecosystem-level impacts do not occur. Themain focus of this strategy involves the control of aquacul-ture operations. In some cases, prohibitions on the cultureof certain species will be considered.

F.9.a Develop a program for the removal of lost orout-of-season fishing gear, and implement in all areasof the Sanctuary. (Alts. IV, III, and II)

This strategy will reduce habitat, wildlife, and fish popula-tion impacts resulting from fishing gear that has been lostor abandoned including traps, fishing lines, and hooks.Gear removal will be achieved through incentives, volun-teer efforts, an extension of the trap removal grace period,

F.6.a Enhance the resolution of existing commer-cial and recreational fisheries-dependent samplingprograms to provide statistics on catch and effort atthe Sanctuary level. Initiate a fisheries-independentsampling program to measure Sanctuary-levelprerecruitment of economically important species.Conduct a fisheries inventory of species, sizes, ages,harvest, bycatch, timing, distribution, users, socioeco-nomics, and gear. (Alt. IV)

This strategy is designed to evaluate and modify existingcommercial landing and recreational creel census pro-grams for providing Sanctuary-level, statistically basedmanagement information for regulating take. This includesan assessment and modification of information types andmandatory versus voluntary information. A fisheryprerecruitment monitoring effort will also be initiated for thelong-term prediction of fishery stocks for Sanctuary-levelmanagement. This effort is independent of commercial andrecreational industry monitoring, and Florida's DEP hasbegun implementation for other areas in the state. Regula-tions will be developed and implemented in accordancewith the FMFC and the protocols established for consistentregulations in strategy F.1.a.

F.6.b Enhance the resolution of existing commercialand recreational 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-independentsampling programs to measure the prerecruitment ofeconomically important species within the statisticalareas. (Alts. III and II)

This strategy is designed to evaluate and modify existingcommercial landing and recreational creel census pro-grams for providing statistically based managementinformation for regulating take. To increase the resolutionof the programs, statistical areas will be established toprovide information on catch and effort. The number ofareas will be based on "completeness criteria" includingscientific need. This includes an assessment and modifica-tion of information types and mandatory versus voluntaryinformation. A fishery prerecruitment monitoring effort willalso be initiated for the long-term prediction of fisherystocks for Sanctuary-level management. This effort isindependent of commercial and recreational industrymonitoring, and Florida's DEP has begun implementationfor other areas in the state. Regulations will be developedand implemented in accordance with Florida's MarineFisheries Commission and the protocols established forconsistent regulations in strategy F.1.a.

F.7.a Conduct research on the impacts of artificialreefs on fish and invertebrate populations for long-term management including location, size, materials,etc. Monitor and evaluate habitat modifications causedby the installation of marine structures. Assess and


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and education and enforcement programs. Implementationwill occur throughout the Sanctuary.

F.10.a Conduct an assessment of methods used toharvest commercial and recreational marine speciesincluding corals, fish, and invertebrates. Develop andimplement regulations to reduce the effects of currentfishing practices on nontargeted species. (Alts. IV, III,and II)

This strategy will determine the impacts of harvestingmethods on species composition and abundance, and theindirect impacts on other species and the environment. Theextent of the problem will be assessed, and research willbe conducted on the impacts of existing fishing methodsand gear. Regulations will be developed and implementedbased on research results to reduce the by-catch ofincidental species and undersized targeted species. Thesemay include requirements for the use of specific net/trapdesigns and temporal/spatial restrictions (e.g., spawningareas). Regulations will focus on protecting marinespecies, increasing species composition and abundance,and reducing adverse impacts on the environment.

F.11.a Conduct research on alternative fishing gearand methods that minimize impacts on habitat. Imple-ment a voluntary program to encourage the use of low-impact gear and methods. Characterize harvestingstresses affecting outer and inshore reefs andhardbottom ecosystems. (Alt. IV)

This strategy will facilitate research to develop geardesigns and types that minimize impacts to corals,hardbottoms, seagrasses, and other habitats. Biodegrad-able fishing line, traps, and buoy lines are examples ofgear that should be researched. Modified trap designsshould also be considered. Fishing methods, includingresource handling and gear placement, should be re-searched to develop methods and gear that minimizeimpacts to resources, while maintaining gear efficiency.The Sanctuary will implement an effort to encourage thevoluntary use of low-impact gear types and fishing meth-ods.

F.11.b Conduct research on alternative fishing gearand methods that minimize impacts on habitat. Imple-ment a 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. (Alt. III)

This strategy will facilitate research to develop geardesigns and types that minimize impacts to corals,hardbottoms, seagrasses and other habitats. Biodegrad-able fishing line, traps and buoy lines are examples of gearthat should be researched. Modified trap designs should

also be considered. Fishing methods, including resourcehandling and gear placement, should also be researched todevelop methods and gear that minimize impacts toresources, while maintaining gear efficiency. The Sanctu-ary will implement an effort to encourage the voluntary useof low-impact gear types and fishing methods throughoutthe Sanctuary. Regulations will be developed requiring theuse of low-impact gear and methods in priority areas.Regulatory implementation will be in accordance withstrategy F.1.a.

F.11.c Conduct research on alternative fishing gearand methods that minimizes impacts on habitat.Implement regulations to require the use of low-impactgear and methods Sanctuary-wide. Characterizeharvesting stresses affecting outer and inshore reefsand hardbottom ecosystems. (Alt. II)

This strategy will facilitate research to develop geardesigns and types that minimize impacts to corals,hardbottoms, seagrasses, and other habitats. Biodegrad-able fishing line, traps, and buoy lines are examples ofgear that should be researched. Modified trap designsshould also be considered. Fishing methods, includingresource handling and gear placement, should also beresearched to develop methods and gear that minimizeimpacts to resources while maintaining gear efficiency. TheSanctuary will implement an effort to educate fisheriesusers about the benefits of low-impact gear types andfishing methods to encourage voluntary compliance withregulations. Regulations mandating the use of low-impactgear and methods will be required throughout the Sanctu-ary to provide maximum resource protection. Regulatoryimplementation will be conducted in accordance withstrategy F.1.a.

F.12.a Eliminate all finfish traps within the Sanctuary,excluding those set for bait fish. (Alts. IV, III, and II)

This strategy will increase species diversity, composition,and abundance and will eliminate the harvest ofnontargeted species, reducing adverse environmentalimpacts resulting from placement and recovery activities.This strategy complements existing Florida and SouthAtlantic fisheries management council regulations.

F.14.a Conduct an assessment of spearfishingpractices and impacts to develop and implementregulations in high-priority areas. (Alt. IV and III)

This strategy will: 1) determine the impacts of spearfishingon species composition and abundance; 2) reduceincidental habitat damage; and 3) reduce user conflicts.Regulations will be developed and implemented in high-priority areas (i.e., those areas exhibiting a low stockabundance, a high degree of habitat damage, or a highdegree of user conflicts). Restrictions may include baglimits, gear prohibitions, or the closure of selected areas


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(e.g., around residential areas). This strategy will alsosupport any existing spearfishing closures in Sanctuarywaters.

F.14.c Conduct an assessment of spearfishingpractices and impacts to develop and implementregulations throughout the Sanctuary. (Alt. II)

This strategy is designed to: 1) determine the impacts ofspearfishing on species composition and abundance; 2)reduce incidental habitat damage; and 3) reduce userconflicts. Regulations will be developed and implementedthroughout the Sanctuary. Restrictions may include baglimits, gear prohibitions, or the closure of selected areas(e.g., around residential areas). This strategy will alsosupport any existing spearfishing closures in Sanctuarywaters.

F.15.a Develop and conduct a research program toassess the impacts of current sponge harvest methodson the resource and the habitats in which they occur.Develop and implement regulations for high-priorityareas. (Alt. IV)

This strategy will include research and assessmentactivities to determine which methods have a low adverseimpact on both species and habitats and to identify areasthat exhibit low abundance, low recovery rates, and habitatdamage. Species specific regulations will be developedand implemented in these areas in accordance with theFMFC and the protocols established in strategy F.1.a.Regulations may include bag limits, an increase in mini-mum size, and/or designating areas closed to harvest. Thisstrategy is specific to nonornamental sponge species,which are currently regulated by the FMFC.

F.15.b Develop and conduct a research program toassess the impacts of current sponge harvest methodson the resource and the habitats in which they occur.Develop and implement regulations throughout theSanctuary. (Alt. III)

This strategy will include research and assessmentactivities to determine which methods have a low adverseimpact on both species and habitats and to identify areasthat exhibit low abundance, low recovery rates, and habitatdamage. This strategy requires the development andimplementation of species specific regulations governingsponge harvest in all habitats in which they occur through-out the Sanctuary in accordance with the FMFC and theprotocols established in strategy F.1.a. Regulations mayinclude bag limits, an increase in minimum size and/ordesignating areas closed to harvest. This strategy isspecific to nonornamental sponge species, which arecurrently regulated by the FMFC.

F.15.c Establish a three-year moratorium on theharvest of sponges. Develop and conduct a researchprogram to assess the impacts of current spongeharvest methods on the resource and the habitats inwhich they occur. Develop regulations for implementa-tion after the moratorium. (Alt. II)

This strategy will include research and assessmentactivities to determine which methods have a low adverseimpact on both species and habitats and to identify areasthat exhibit low abundance, low recovery rates, and habitatdamage. The imposed three-year moratorium will bespecies specific and allow for the full development ofregulations governing sponge harvest throughout theSanctuary in accordance with the FMFC and the protocolsestablished in strategy F.1.a. Regulations may include baglimits, an increase in minimum size, and/or designatingareas closed to harvest. This strategy is specific tononornamental sponge species, which are currentlyregulated by the FMFC.

Land Use

L.1.a Require marinas that have pump-out require-ments to install pump-out facilities. (Alts. IV, III, and II)

This strategy will eliminate marina live-aboard vessels as asource of pollution in the Sanctuary. Although live-aboardswithin marinas may be a minor contributor to the totalpollutant load, marinas are normally located in confinedwaters that are more susceptible to the impacts of suchloading. By requiring marinas to provide pump-out facilities,two problems may be resolved: 1) boats in marinas thatdon't currently pump-out will be provided with the means todo so; and 2) boats that moor outside of marinas can takeadvantage of the increased number of pump-out facilities.

L.2.a Conduct an assessment of marina (10 slips ormore) compliance with current regulations and stan-dards, including OSHA standards for marina opera-tions. Evaluate interagency cooperation in the marinapermit review process and initiate action to eliminateconflicts in agency jurisdictions. Improve marina sitingcriteria to ensure that only appropriate deep-wateraccess will be permitted and to provide for the properhandling of noxious materials. (Alts. IV, III, and II)

This strategy will reduce sources of pollution loadingassociated with marina activities. It will also reduce thepollution of nearshore waters through the implementationof OSHA regulations regarding marina operations. Aprogram will be developed to target activities that havepotential impacts on ground and nearshore waters (e.g.,bottom paint removal; use of fiberglass, resins, andsolvents; fuel transfer; etc.). All marinas will be subject tothis program. This strategy will also improve marinaoperations, the cooperation and coordination of agencies


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involved in the marina permitting process, and will developcriteria for selecting sites for developing new or expandingexisting marinas.

L.3.a Evaluate procedures to avoid or reduce fuelspillage during refueling operations. Initiate remedialsolutions to any problems identified. (Alt. IV)

This strategy will require an evaluation of refueling opera-tions through a detailed inventory of fueling facilities and anassessment of typical fuel-handling techniques andtechnology. Based on the inventory and assessment, short-term, low-cost remedial actions should be initiated incompliance with existing State laws.

L.3.b Evaluate procedures to avoid or reduce fuelspillage during refueling operations. Initiate remedialsolutions to any problems identified. Require theestablishment of paved and curbed containment areasfor boat maintenance activities such as hull scrapingand repainting, mechanical repairs, and lubrication.Require the creation of secondary containment,generally in the form of curbing or synthetic liners, forareas where significant quantities of hazardous ortoxic materials are stored. (Alts. III and II)

This strategy requires an evaluation of refueling operationsthrough a detailed inventory of fueling facilities and anassessment of typical fuel handling techniques andtechnology. Based on the inventory and assessment, short-term, low-cost remedial actions should be initiated incompliance with existing State laws. In addition, little effortis now directed at containing and collecting wastesassociated with boat maintenance activities such as bottomscraping or mechanical repairs. This strategy will helpreduce pollution by establishing containment areas toprevent paint chips or dust and other wastes from enteringsurface waters. Secondary containment for hazardous ortoxic material storage areas will minimize the potential forthese substances to enter ground or surface waters.

L.4.a Revise regulations to require public andprivate RV parks to provide pump-out facilities, andimplement requirements within three years. (Alts. IV,III, and II)

This strategy will reduce pollution caused by the inappropri-ate disposal of wastewater from RVs, campers, and othermobile units, including live-aboards not docked at marinas.It is a regulatory strategy that could be implementedthrough Monroe County's comprehensive plan and landdevelopment regulations. All RV parks (public and private)will be required to have adequate and efficient pump-outfacilities. Other pump-out facilities could be identified foruse by the transient public. Some facilities could be holdingtanks with a scheduled pick up, while others could includea type of on-site waste treatment.

L.5.a Expand enforcement activities to reduceillegal waste disposal from RVs. (Alts. IV, III, and II)

This strategy will reduce pollution caused by the illegaldumping of waste by RVs. Monroe County regulationscurrently prohibit the disposal of waste from RVs. Thisenforcement strategy will allow all law enforcementbranches to enforce cooperatively any illegal disposal ofwaste by RVs.

L.6.b Establish a mobile pump-out service throughthe local government or a franchise with a privatecontractor which would serve to pump-out live-aboardvessels moored outside of marina facilities. Encouragethe use of existing, and the construction of additional,shore-side facilities such as dingy docks, parkingareas, showers, and laundries for use by live-aboards.(Alts. III and II)

This strategy will minimize the pollution impacts of live-aboard vessels located outside marinas within the Sanctu-ary. Although such live-aboards may be only a minorcontributor to the total pollutant load, their mooring areasare normally located in confined waters that are moresusceptible to the impacts of such loading. The establish-ment of this system will provide the incentive for live-aboard vessels to have their bilges and holding tankspumped out regularly. The provision of shore-side facilitiesshould reduce the potential for pollutants associated withother live-aboard activities to enter surface waters.

L.7.a Conduct an assessment to identify solid wastedisposal sites that pose threats to water quality and/orsensitive areas, based on the results of EPA's WaterQuality Plan. Intensify existing monitoring programsaround landfills to ensure that no leaching is occurringinto marine waters. If problems are discovered,evaluate and implement appropriate remedial actionssuch as boring or mining, upgrading closure, collect-ing and treating leachate, constructing slurry walls, orexcavating and hauling landfill contents. (Alt. IV, III,and II)

This strategy will identify potential groundwater contamina-tion problems from existing landfills and other solid wastedisposal operations. The assessment will include thelocations of disposal areas, the types of materials presentat each site, and the movement of leachate off the site. Theassessment will also establish a program to cap, mine, orrelocate existing solid waste where the volume of leachatehas been identified as a problem. In addition, this strategywill provide for the monitoring of old landfills not currentlybeing monitored.


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L.8.a Initiate a study to investigate the feasibility ofvarious solid waste containment/relocation options.(Alt. IV)

The strategy will involve researching methods of solidwaste disposal, other than the creation of new landfills. Thestudy would determine what regulations are necessary tomeet State and regional recycling goals, implement retailpackaging standards, and require source separation. Thestudy could also address incineration by identifying itsimpacts, the best available technology, and the need toeventually discontinue its use. Cooperative agreementswith other local governments to accept Monroe County'ssolid waste also should be explored. The South FloridaRegional Planning Commission can provide support for aregional discussion of the alternatives for the disposal ofsolid waste generated in Monroe County.

L.8.b Initiate a study to investigate the feasibility ofvarious solid waste containment/relocation options.Implement containment/relocation options whereappropriate within five years. (Alts. III and II)

The strategy will involve researching methods of solidwaste disposal, other than the creation of new landfills. Thestudy would determine what regulations are necessary tomeet State and regional recycling goals, implement retailpackaging standards, and require source separation. Thestudy could also address incineration by identifying itsimpacts, the best available technology, and the need toeventually discontinue its use. Cooperative agreementswith other local governments to accept Monroe County'ssolid waste also should be explored. The South FloridaRegional Planning Commission can provide support for aregional discussion of the alternatives for the disposal ofsolid waste generated in Monroe County. Containment/relocation options will be implemented where appropriatewithin five years.

L.9.a Comply with Monroe County policies on solidwaste disposal. (Alts. IV, III, and II)

The fragile natural resources and limited amount of uplandsites in the Keys can be protected by expanding theenforcement of current policies and regulations for solidwaste disposal. In addition, Monroe County could adoptland development regulations that prohibit new solid wastedisposal sites and negotiate a cooperative agreement withother local governments to accept its solid waste.

L.10.a Conduct an assessment and inventory ofhazardous materials handling and use in the FloridaKeys including facilities, types and quantities ofmaterials, and transport/movement. Add information tothe FDEP/EPA/Monroe County GIS database. (Alts. IV,III, and II)

This strategy will involve cataloging the use of all hazard-ous materials as defined by the FDEP and the EPA. Theresulting inventory would include: 1) the types of hazardousmaterials used in Monroe and Dade counties; 2) the typesof facilities utilizing identified hazardous materials; 3) thespecific location of some users; 4) how these material aretypically transported; 5) the toxic/noxious/volatile nature ofidentified hazardous materials; and 6) how these materialsimpact water quality and resources. This assessment andinventory will be used to develop a hazardous materialsmanagement plan for normal use and emergency responseand containment. This information will be added to theFDEP/EPA/Monroe County GIS database.

L.11.a Establish licensing requirements for commer-cial handlers of hazardous materials and biohazardouswaste within three years to reduce mishandling andillegal disposal. (Alts. IV, III, and II)

This strategy will develop a program for the responsiblecommercial handling of hazardous materials andbiohazardous waste. Local licensing will be required as amechanism to educate commercial handlers and to ensurethat hazardous materials are utilized with standardsprescribed by the State and Federal governments toprotect human and environmental health. The program willfocus on the types of uses and activities that could lead tomarine resource degradation and/or destruction. The resultwill be a reduction in all kinds of hazardous material spillsand leaks. The illegal dumping of such materials could alsobe better assessed.

L.12.b Establish a program to increase the availabil-ity of hazardous materials collection and transferstations for nonlicensed users (e.g., households, etc.)within three years. (Alts. III and II)

This strategy will provide for the safe disposal of hazardousmaterials from residential and other nonlicensed sources.Since nonlicensed hazardous materials handlers are notregulated, adequate mechanisms for handling suchmaterials are limited. Hazardous materials are frequentlyflushed down toilets, sinks, etc. The creation of collectionand transfer sites will allow for the safe, simple, andefficient disposal of household materials.


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L.14.a Prohibit new dredge and fill permits unlesspublic interest is demonstrated. (Alt. IV)

This strategy will eliminate the possibility of new dredgeand fill activities within the Sanctuary unless public interestcan be demonstrated through the ACOE system. Suchactivities may lead to the direct degradation and/ordestruction of sensitive Sanctuary resources. Any areas tobe considered to satisfy public interest should focus on theexpansion of existing marinas and water-dependentfacilities. This prohibition will also apply to upland excava-tion, where the goal will be to lengthen an existing canalsystem to expand land/water use or create greater canalflushing.

L.14.b Prohibit new dredge and fill permits unlesspublic interest is demonstrated and there will be littleor no environmental degradation. (Alt. III)

This strategy will eliminate the possibility of new dredgeand fill activities within the Sanctuary unless public interestcan be demonstrated through the ACOE system and ifthere will be little or no environmental degradation. Suchactivities may lead to the direct degradation and/ordestruction of sensitive Sanctuary resources. Any areas tobe considered to satisfy public interest should focus on theexpansion of existing marinas and water-dependentfacilities. This prohibition will also apply to upland excava-tion, where the goal will be to lengthen an existing canalsystem to expand land/water use or create greater canalflushing.

L.14.c Prohibit new dredge and fill permits. (Alt. II)

This strategy will eliminate the possibility of new dredgeand fill activities within the Sanctuary. Such activities leadto the direct degradation and/or destruction of sensitiveSanctuary resources. This prohibition will also apply toupland excavation, where the goal will be to lengthen anexisting canal system to expand land/water use or creategreater canal flushing.

L.15.a Conduct an inventory and assessment ofcurrent or recent maintenance dredging activitiesthroughout the Sanctuary. (Alt. IV)

This strategy is designed to record the locations, sizes, andindependent and cumulative impacts of maintenancedredging within the Sanctuary. Information will be aggre-gated in a database and/or a GIS to allow managers toevaluate maintenance dredging impacts as related to newpermit requests.

L.15.b Conduct an inventory and assessment ofmaintenance dredging activities throughout theSanctuary. Implement low-impact dredging methodsfor all maintenance dredging. Avoid maintenancedredging whenever possible. (Alts. III and II)

This strategy is designed to record the locations, sizes andindependent and cumulative impacts of maintenancedredging within the Sanctuary. Information will be aggre-gated in a database and/or a GIS to allow managers toevaluate maintenance dredging impacts as related to newpermit requests. New policies and regulations will bedeveloped that will require low-impact technologies formaintenance dredging and will prohibit such dredging inareas where significant re-establishment of sensitivebenthic communities has occurred (i.e., seagrass and coralhabitats).

L.16.a Initiate a study to investigate the feasibility ofwater-use reduction and re-use options and thresh-olds. (Alt. IV)

This strategy is designed to reduce the amount of waterbeing used in the Keys and to encourage better wastewa-ter treatment by developing standards and practices forwater re-use. A plan will be developed containing re-useoptions, thresholds, water-use reduction incentives, etc.

L.16.b Initiate a study to investigate the feasibility ofwater-use reduction and re-use options and thresh-olds. Implement a plan for water-use reduction and re-use for major users within five years. (Alt. III)

This strategy is designed to reduce the amount of waterbeing used in the Keys and to encourage better wastewa-ter treatment by developing standards and practices forwater re-use. A plan will be developed containing re-useoptions, threshold levels, water-use reduction incentives,etc.

The FDEP currently will not permit the re-use of treatedwastewater for plants with a capacity of less than 100,000gallons per day (gpd). This is a disincentive to highertreatment and water conservation, both of which reducepollution. The FDEP should develop appropriate humanhealth and environmental standards to permit re-use forsmaller users. Research and standards should focus onhow water from households can be reused in otherdomestic applications. A water-use reduction and re-useplan will be implemented for major users within five years.

L.16.c Initiate a study to investigate the feasibility ofwater-use reduction and re-use options and thresh-olds. Implement a plan for water-use reduction and re-use for all users within five years. (Alt. II)

This strategy is designed to reduce the amount of domes-tic, commercial and industrial water being used in the Keys


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develop consistent approaches with the agencies involved.The result will be reduced wetland destruction, protectionof the natural wetland/stormwater filtration processes, andthe protection of the habitat of numerous endangeredspecies. New dredge and fill projects in functional disturbedwetlands will be required to pass a public interest test. Thiswill reduce the loss of viable wetlands, which serve asbuffers to runoff and as habitat for numerous endangeredand protected species.

Mitigation banking will be considered for permits issued infunctional disturbed wetlands. Immediate replacement tofunctional status will be required in all mitigative efforts.Money will be received to a trust for restoration of publiclands only. Where the agency has discretion, permits willnot be renewed.

L.19.a Conduct an evaluation of the Monroe CountyGrowth Plan for ecological impacts on the Sanctuary.Identify and recommend additional options to minimizeshort- and long-term impacts. (Alts. IV, III, and II)

This strategy will protect the natural resources of theSanctuary by limiting growth and the associated impacts onresources. EPA's Water Quality Management Plan willbegin to establish some standards related to volumes andquantities. Monroe County has recently tied its growth rateto hurricane evacuation standards and determined a 20-year growth cap. These issues will be evaluated compre-hensively to establish a population "build-out" that willreduce residential-based impacts.

An intergovernmental acquisition program will be estab-lished to help purchase any remaining "unbuildable" lots inMonroe County. The remaining development should bedirected at high-density, disturbed subdivisions, especiallythose serviced by centralized facilities.

L.20.a Conduct an assessment of existing publicaccess to shoreline areas. Develop standards andguidelines for improvements to, and construction of,public access areas. (Alt. IV)

This strategy will provide information on problems associ-ated with existing public access areas, including habitatdamage and user conflicts. Existing public access areaswill be inventoried, and nondestructive recreational usesidentified. Standards and guidelines for improvements to,and the construction of, public access areas will bedeveloped and could include: 1) improvements to support-ing infrastructure; 2) restrictions on activities that damagehabitats; 3) promotion of nondestructive recreational uses;and 4) the establishment of low-impact constructionstandards.

and to encourage better wastewater treatment by develop-ing standards and practices for water re-use. A plan will bedeveloped containing re-use options, threshold levels,water-use reduction incentives, etc.

The FDEP currently will not permit re-use of treatedwastewater for plants with a capacity of less than 100,000gpd. This is a disincentive to higher treatment and waterconservation, both of which reduce pollution. The FDEPshould develop appropriate human health and environmen-tal standards to permit re-use for smaller users. Researchand standards should focus on how water from householdscan be reused in other domestic applications. A water-usereduction and re-use plan will be implemented for all userswithin five years.

L.17.a Establish consistent interagency regulatoryauthority addressing all dredge and fill activities. (Alts.IV, III, and II)

This strategy will establish further levels of interagencycoordination and regulatory consistency with respect to theauthorities of the FDEP, FDNR, ACOE, and local govern-ment. All agencies require permits for developmentactivities within the Sanctuary, and coordination andconsistency is essential. Some consolidation of suchauthority may be helpful through delegation, MOUs, etc.

L.18.a Restrict wetland dredge and fill permitting.(Alt. IV)

This strategy will further restrict the degree of wetlanddestruction currently occurring within Sanctuary bound-aries. Monroe County has recently initiated policies toeliminate any dredge and fill activities within undisturbedwetland areas. This strategy will support this effort anddevelop consistent approaches with the agencies involved.The result will be reduced wetland destruction, protectionof the natural wetland/stormwater filtration processes, andthe protection of the habitat of numerous endangeredspecies.

Mitigation banking for permitted development will beconsidered. Monies will be provided in an amount deemednecessary to re-establish wetlands on adjacent or nearbypublic lands. Absolute replacement of all permittedwetlands lost will be required, and dollar assessments areexpected to be high.

L.18.b Restrict wetland dredge and fill permitting.(Alts. III and II)

This strategy will further restrict the degree of wetlanddestruction currently occurring within Sanctuary bound-aries. Monroe County has recently initiated policies toeliminate any dredge and fill activities within undisturbedwetland areas. This strategy will support this effort and


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L.20.b Conduct an assessment of existing publicaccess to shoreline areas. Develop standards andguidelines for improvements to, and construction of,public access areas. Acquire shoreline areas fordeveloping and/or regulating public access. (Alts. IIIand II)

This strategy will provide information on problems associ-ated with existing public access areas, including habitatdamage and user conflicts. Existing public access areaswill be inventoried, and nondestructive recreational usesidentified. Standards and guidelines for improvements to,and the construction of, public access areas will bedeveloped and could include: 1) improvements to support-ing infrastructure; 2) restrictions on activities that damagehabitats; 3) promotion of nondestructive recreational uses;and 4) the establishment of low-impact constructionstandards. The acquisition of shoreline areas that will helpimprove and regulate public access while protecting thehabitat will be pursued by supporting the existing landacquisition programs (such as the Conservation andRecreational Lands Program) and those implemented bythe Monroe County Land Authority and The NatureConservancy.

Recreation

R.1.a Develop and implement a program to managesubmerged cultural resources (SCRs). Conduct aninventory of SCRs and assess survey and extractiontechniques within the Sanctuary. Require permittingthroughout the Sanctuary. (Alt. IV)

This strategy is designed to protect SCRs from undesireddisturbances and maintain them as intact as possible forresearch, education, science, and recreational activities bypreparing an SCR Management Plan which will include thefollowing elements:

1) Inventory - Compile existing literature into a bibliographyand survey and identify location and specific site character-istics including name, age, integrity, and historical andcultural significance.

2) Management - Develop a set of management practices,guidelines and regulations addressing the exploration,removal, research, and dispensation of artifacts. Manage-ment of SCRs would prohibit unauthorized removal. Thedivision of objects recovered from SCRs would be split 80percent for the discoverer-recoverer, and 20 percent for thegovernment.

3) Permitting - Develop and implement a permitting systemfor the research, exploration, removal, and dispensation ofcultural artifacts, with a provision for exemptions fornondestructive exploration. Require permitting throughoutthe Sanctuary. Permit privatization of public resourceswould be consistent with past practices in Florida andAdmiralty Court.

4) Enforcement - Ensure compliance with statutes, rules,regulations, and permits such as the Abandoned Ship-wreck Act (ASA), Sanctuary regulations, State administra-tion rules, and Federal and State permits through intensiveon-site patrols by certified law enforcement officers.

5) Coordination - Ensure comprehensive coordinationamong all appropriate Federal, State, and local agenciesinvolved in, and responsible for, the management of SCRsthrough the development and implementation of MOUs.

R.1.b Develop and implement a program to manageSCRs. Conduct an inventory of SCRs and assesssurvey and extraction techniques within the Sanctuary.Require permitting throughout the Sanctuary. (Alt. III)



2) Management - Develop a set of management practices,guidelines and regulations addressing the exploration,removal, research, and dispensation of artifacts. Manage-ment of SCRs would prohibit unauthorized removal.Disposition of artifacts from approved recovery operationswill be consistent with ASA guidelines, 50 percent for thediscoverer-recoverer, and 50 percent for the government.However, where the recoverer has arranged for privateconservation, long-term public display, guaranteed publicaccess, and public interpretation of artifacts and data, thedisposition of objects may be adjusted accordingly.

3) Permitting - Develop and implement a permitting systemfor the research, exploration, removal, and dispensation ofcultural artifacts, with a provision for exemptions fornondestructive exploration. Require permitting throughoutthe Sanctuary. The granting of permits will be based uponarchaeological and historical value, potential environmentalimpact, proposed archaeological methods, and proposedpublic benefit. Permit applications that provide for conser-vation in museums or similar structures of public access forresearch, education, or public viewing enjoyment will begiven priority over applications where some of the objectsare dispersed into private markets.

4) Enforcement - Ensure compliance with statutes, rules,regulations, and permits such as the ASA, Sanctuaryregulations, State administration rules, and Federal andState permits through intensive on-site patrols by certifiedlaw enforcement officers.

5) Coordination - Ensure comprehensive coordinationamong all appropriate Federal, State, and local agencies


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as the use of gloves and buoyancy vests, etc. Data on thenumber of operators, users, and uses will help shapemanagement decisions on costs (associated with permits,regulations, and other requirements) that may be imposedon users. This survey will be compatible with the currentsurvey to establish user fees for NOAA's national marinesanctuaries.

R.2.c Establish a routine survey of recreationalactivities and use levels within the Sanctuary througha survey of charter and recreational-for-hire vessels,intercept surveys at access points and launch sites,and periodic field surveys. Establish a permitting andenforcement system to regulate use levels (e.g.,number of boats, divers, etc.) for charter and recre-ational-for-hire vessels. (Alt. II)

This strategy will protect resources from further damage byrequiring commercial charter and rental boat operations toobtain permits that restrict the number of boats andpassengers. It will provide data on the types, levels, usersand locations of recreational activities in the Sanctuary tobetter plan for management concerns such as access tosensitive or heavily used areas, user conflicts and adverseimpacts to resources. The survey, to be conducted by non-law-enforcement personnel, will request information onoperator and safety equipment and visitor behaviors suchas the use of gloves and buoyancy vests, etc. Data on thenumber of operators, users, and uses will help shapemanagement decisions on costs (associated with permits,regulations, and other requirements) that may be imposedon users. This survey will be compatible with the currentsurvey to establish user fees for NOAA's national marinesanctuaries.

R.5.a Conduct a program to study and implementcarrying-capacity limits for recreation activities by: 1)assessing the effects of recreation 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 highly sensitive areas. (Alt. IV)

This strategy will reduce impacts to Sanctuary resourcesfrom recreational activities by better understanding thelevel of use that different habitats can tolerate withoutdegradation. The capacity levels for each activity identifiedby the research component of this strategy will be enforcedin highly sensitive areas such as reefs. The causes of coralmortality (e.g., disease, temperature stress, bleaching,algal overgrowth, and physical damage) will be character-ized, as well as physical stresses, especially thoseaffecting outer and inshore reefs.

This research will assess the impacts that recreationactivities have on Sanctuary resources and provide a basisfor the continued anticipation of problems associated withspecific activities and the development of managementactions to eliminate/reduce impacts. Impacts such as

involved in, and responsible for, the management of SCRsthrough the development and implementation of MOUs.

R.1.c Develop and implement a program to manageSCRs. Conduct an inventory of SCRs and assesssurvey and extraction techniques within the Sanctuary.Require permitting throughout the Sanctuary. (Alt. II)



2) Management - Develop a set of management practices,guidelines and regulations addressing the exploration andresearch of SCR sites, and the removal of artifacts.Management of SCRs would prohibit unauthorizedremoval. Any artifacts recovered would be conserved inmuseums or similar structures of public access for re-search, education, or public viewing enjoyment.

3) Permitting - Develop and implement a permitting systemfor the research, exploration, removal, and dispensation ofcultural artifacts, with a provision for exemptions fornondestructive exploration. Require permitting throughoutthe Sanctuary. Permits would require that all artifactsrecovered be conserved in museums or similar structuresof public access for research, education, or public viewingenjoyment.



R.2.a Establish a routine survey of recreationalactivities and use levels within the Sanctuary througha survey of charter and recreational-for-hire vessels,intercept surveys at access points and launch sites,and periodic field surveys. (Alts. IV and III)

This strategy will provide data on the types, levels, users,and locations of recreational activities within the Sanctuaryto better plan for management concerns such as access tosensitive or heavily used areas, user conflicts, and adverseimpacts to resources. The survey, to be conducted by non-law-enforcement personnel, will request information onoperator and safety equipment and visitor behaviors such


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wildlife disturbance (especially of commercial and threat-ened and endangered species), changes in ecosystembalance, degradation of habitat, and other impacts associ-ated with activities such as boating, fishing, diving, etc. willbe included.

R.5.b Conduct a program to study and implementcarrying-capacity limits for recreation activities by: 1)assessing the effects of recreation 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. (Alt. III)

This strategy will reduce impacts to Sanctuary resourcesfrom recreational activities by better understanding thelevel of use that different habitats can tolerate withoutdegradation. The capacity levels for each activity identifiedby the research component of this strategy will be enforcedin high-use areas and for highly sensitive habitats (i.e.,coral, seagrass, hardbottom) throughout the Sanctuary.The causes of coral mortality (e.g., disease, temperaturestress, bleaching, algal overgrowth, and physical damage)will be characterized, as well as physical stresses, espe-cially those affecting outer and inshore reefs.

This research will assess the impacts that recreationactivities have on Sanctuary resources and provide a basisfor the continued anticipation of problems associated withspecific activities and the development of managementactions to eliminate/reduce impacts. Impacts such aswildlife disturbance (especially of commercial and threat-ened and endangered species), changes in ecosystembalance, degradation of habitat, and other impacts associ-ated with activities such as boating, fishing, diving, etc. willbe included.

R.5.c Conduct a program to study and implementcarrying-capacity limits for recreation activities by: 1)assessing the effects of recreation and boatingactivities on Sanctuary resources; 2) establishingrecreational user carrying capacities that minimizewildlife disturbances and other adverse impacts onnatural resources; and 3) enforcing carrying-capacitylimits throughout the Sanctuary. (Alt. II)

This strategy will reduce the impacts to Sanctuary re-sources from recreational activities by better understandingthe level of use that different habitats can tolerate withoutdegradation. The capacity levels for each activity identifiedby the research component of this strategy will be enforcedthroughout the Sanctuary. The causes of coral mortality(e.g., disease, temperature stress, bleaching, algalovergrowth, and physical damage) will be characterized aswill physical stresses, especially those affecting outer andinshore reefs.

This research will assess the impacts that recreationactivities have on Sanctuary resources and provide a basisfor the continued anticipation of problems associated withspecific activities and the development of managementactions to eliminate/reduce impacts. Impacts such aswildlife disturbance (especially commercial and threatenedand endangered species), changes in ecosystem balance,degradation of habitat, and other impacts associated withactivities such as boating, fishing, diving, etc. will beincluded.

R.7.a Prohibit contact with corals in high-use, sensi-tive, and vulnerable areas. (Alts. IV, III, and II)

This strategy will reduce the damage to hard coral commu-nities caused primarily by boat anchoring/grounding anddivers and snorkelers, by prohibiting contact with coral inhigh-use, sensitive, and vulnerable areas.

Water Quality

W.1.a Conduct a demonstration project to evaluatealternate, nutrient-removing OSDSs. (Alts. IV, III, and II)

This strategy will provide information to help determine theappropriate role, if any, of alternate OSDSs in wastewatermanagement in the Keys. Although some alternate OSDSdesigns appear promising, it is not appropriate to proceedwith broad-scale installation of these systems until anindependent evaluation has been conducted. AlternateOSDSs designed for nutrient removal would be installedand maintained in a manner consistent with actual residen-tial use. Influent, effluent, and groundwater quality (bothbackground and "down-gradient") would be monitored atregular intervals for at least one year. In addition to nutrientremoval efficiency, the study would evaluate maintenanceand inspection requirements to keep units operatingproperly.

W.2.a Conduct a demonstration project to evaluate theinstallation of a small expandable AWT plant to servean area of heavy OSDS use with associated waterquality problems. (Alts. IV, III, and II)

This strategy will provide information to help determinewhether the elimination of OSDSs would improve waterquality in areas believed to be degraded by OSDS-relatednutrients. The project would also provide information on thelong-term performance of small AWT systems and septictank effluent pumps or other collection systems. A small,expandable AWT package plant would be installed to servean area where there is high-density OSDS use in closeproximity to confined waters. Preferably, the test areawould be one where water-quality problems believed to berelated to OSDS nutrients have already been identified.Initial background groundwater and surface-water monitor-ing would be conducted, and plant influent and effluent


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would be monitored for a minimum of one year after theplant is in operation. Groundwater and surface-watermonitoring would continue for three to five years. Mostfacilities constructed for the demonstration project could beincorporated into a larger system if results are favorable.

W.3.a Establish authority for and implement inspec-tion/enforcement programs to eliminate all cesspitsand enforce existing standards for all OSDS andpackage plants. (Alt. IV)

This strategy will reduce the amount of pollutants enteringgroundwater by enforcing existing standards. On-siteinspection programs would be implemented to identify andeliminate all cesspits and ensure that OSDSs and packageplants are in compliance with existing standards. Penaltieswould be imposed for noncomplying systems.

Cesspits are illegal and provide no sewage treatment.OSDSs provide adequate sanitary treatment and limitednutrient reduction; however, there is no routine inspectionand enforcement program to ensure that these systems areoperating properly. Package plants provide secondarytreatment and are inspected routinely (although notfrequently). The elimination of cesspits and replacementwith approved OSDSs would reduce nutrient loading togroundwater and eliminate health hazards from untreatedsewage. Aggressive inspection/enforcement programs forOSDSs and package plants could be expected to furtherreduce nutrient loadings to groundwater.

W.3.b Establish authority for and implement inspec-tion/enforcement programs to eliminate all cesspitsand enforce existing standards for all OSDSs andpackage plants. Develop targets for reductions inwastewater nutrient loadings necessary to restore andmaintain water quality and Sanctuary resources.Develop and implement a Sanitary Wastewater MasterPlan that evaluates options for upgrading existingsystems beyond current standards or constructingcommunity sewage treatment plants based on nutrientreduction targets, cost and cost effectiveness, reliabil-ity/compliance considerations, and environmental andsocioeconomic impacts. (Alts. III and II)


Cesspits are illegal and provide no sewage treatment.OSDSs provide adequate sanitary treatment and limitednutrient reduction; however, there is no routine inspectionand enforcement program to ensure that these systems areoperating properly. Package plants provide secondarytreatment and are inspected routinely (although notfrequently). The elimination of cesspits and replacement

with approved OSDSs would reduce nutrient loading togroundwater and eliminate health hazards from untreatedsewage. Aggressive inspection/enforcement programs forOSDSs and package plants could be expected to furtherreduce nutrient loadings to groundwater.

In addition, this strategy would involve research to estimatethe level of reduction in wastewater nutrient loadingnecessary to restore and maintain water quality andSanctuary resources. Based on these nutrient reductiontargets and the results of the wastewater demonstrationprojects (Strategies W.1 and W.2), a Sanitary WastewaterMaster Plan would be developed that would evaluateoptions for further treatment (e.g., construction of commu-nity wastewater plants, upgrading package plants to AWT,or the use of alternate, nutrient-removing OSDSs. TheSanitary Wastewater Master Plan would also specifydetails of costs, schedules, service areas, etc. for imple-mentation.

W.4.a Upgrade effluent disposal for the City of KeyWest’s wastewater treatment plant. Evaluate deep-wellinjection, including the possibility of effluent migrationthrough the boulder zone into Sanctuary waters.Evaluate options for the re-use of effluent, includingirrigation and potable re-use. Discontinue the use ofocean outfall and implement deep-well injection,aquifer storage, and/or re-use. Implement nutrientreduction technologies for effluent prior to disposal orre-use. (Alts. IV, III, and II)

This strategy will reduce direct nutrient loadings to surfacewaters from the Key West wastewater treatment plant. Useof the ocean outfall would be discontinued (except inemergencies), and effluents would be treated to reducenutrients and disposed through deep-well injection, aquiferstorage, and/or re-use.

Before the use of ocean outfalls is discontinued, both theenvironmental aspects of deep-well injection and theeconomics of effluent re-use must be evaluated thoroughly.Studies of deep-well injection need to investigate thepossibility of effluent migrating through the boulder zoneinto Sanctuary waters. Re-use options to be evaluatedinclude irrigation and further treatment to produce potablewater. Re-use for local irrigation may be limited due to thesmall number of application sites. Re-use for irrigation inareas outside the Keys would be considered only if it wereproposed for unincorporated Monroe County. Potable re-use, although requiring costly treatment, might be cost-effective in the long-term, considering the current cost oftreating and pumping in drinking water from Florida City.

W.5.a Develop and implement water quality stan-dards, including biocriteria, appropriate to Sanctuaryresources. (Alts. IV, III, and II)

This strategy will reduce impacts of pollution on Sanctuaryresources by determining water quality conditions to


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refining and simplifying the OSDS permitting process andincreasing funds for compliance monitoring and enforce-ment.

W.9.a Establish an interagency laboratory capable ofprocessing monitoring and compliance samples. (Alt.IV, III, and II)

This strategy could indirectly help reduce pollution bycreating an interagency laboratory facility for processingcompliance monitoring samples, thus reducing the cost ofanalysis currently conducted outside the Keys. Neither theFDEP nor the FDHRS has FDHRS-certified (or equivalent)laboratory facilities in the Keys. Because of quality controlconsiderations (holding times), it is difficult or impossible toship compliance/enforcement samples to Tallahassee foranalysis, and the use of contracted private laboratoryfacilities is expensive. This laboratory would not processtoxics or status and trends samples from the water qualitymonitoring program.

W.10.a Inventory and characterize dead-end canals/basins and investigate alternative managementstrategies to improve their water quality. (Alt. IV)

This strategy will examine water quality in nearshoreconfined areas, with an emphasis on dead-end canals andbasins where reduced circulation increases the risk ofreduced dissolved oxygen, retention of both dissolved andparticulate pollutants, and the potential impacts on benthicand pelagic environments. A comprehensive managementplan will be developed for improving water quality innearshore and confined basins and canals.

W.10.b Inventory and characterize dead-end canals/basins and investigate alternative managementstrategies to improve their water quality. Implementimprovements (consistent with the strategies devel-oped for wastewater and stormwater) in known hotspots throughout the Sanctuary. (Alt. III)

This strategy will improve water quality in nearshoreconfined areas, with emphasis on dead-end canals andbasins where reduced circulation increases the risk ofreduced dissolved oxygen, retention of both dissolved andparticulate pollutants, and potential impacts on benthic andpelagic environments. A comprehensive management planwill be developed for improving water quality in nearshoreconfined basins and canals. Improvement strategies will beimplemented in all canals and basins identified as hot spotsthroughout the Sanctuary.

ensure resource protection. The intent is to implementwater quality standards as guidance in determiningpermitted discharge limitations. OFW standards will beused until research indicates that new, more-stringentregulations are necessary.

W.6.a Delegate administration of the NPDES pro-gram for Florida Keys dischargers to the State ofFlorida. (Alts. IV, III, and II)

This strategy will streamline and eliminate unnecessaryduplication in the NPDES permitting process. Currently, allsurface-water dischargers must receive permits from boththe EPA and the FDEP. Although the two agenciescoordinate their permitting activities, it would be simpler forboth the agencies and permit applicants if the EPAdelegated NPDES permitting authority to the State, as hasbeen done in many other states.

W.7.b Require all NPDES-permitted surface dis-chargers to develop resource monitoring programs.(Alts. III and II)

This strategy will help to evaluate environmental impacts ofpoint-source discharges by requiring all NPDES-permittedsurface dischargers to develop resource monitoringprograms. This could be accomplished in one of two ways:1) EPA could eliminate the baseline exemption for resourcemonitoring under the Ocean Discharge Program as itapplies to the Keys. All surface dischargers except the Cityof Key West sewage treatment plant are currently ex-empted from developing resource monitoring programsbecause the end of their discharge pipe does not extendbeyond the baseline (the mean low-tide line); or 2) FDEP,through the State of Florida's permitting authority, couldrequire resource monitoring when individual NPDESpermits come up for renewal. This approach wouldprobably be easier because it can be accomplished underexisting rules, whereas eliminating EPA's baseline exemp-tion would require a Federal rule change.

W.8.a Improve interagency coordination for indus-trial wastewater discharge permitting. Combine OSDSpermitting responsibilities in one agency for commer-cial establishments, institutions, and multi-familyresidential establishments utilizing injection wells.(Alts. IV, III, and II)

This strategy will improve coordination between the EPA,FDEP, and local government agencies relative to industrialwastewater discharge permitting and tracking (HRS isincluded for special cases such as seafood processingplants). Much of the interagency coordination and trackingis currently handled through a series of Memorandums ofAgreement (MOAs) and MOUs. These agreements will bereviewed, evaluated, and revised specifically for the Keys.This could also indirectly reduce wastewater pollution by


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W.10.c Inventory and characterize dead-end canals/basins and investigate alternative managementstrategies to improve their water quality. Implementimprovements (consistent with the strategies devel-oped for wastewater and stormwater) throughout theSanctuary. (Alt. II)

This strategy will improve water quality in nearshoreconfined areas, with emphasis on dead-end canals andbasins where reduced circulation increases the risk ofreduced dissolved oxygen, retention of both dissolved andparticulate pollutants, and potential impacts on benthic andpelagic environments. A comprehensive management planwill be developed for improving water quality in nearshoreconfined basins and canals. Improvement strategies will beimplemented in canals and basins throughout the Sanctu-ary.

W.11.b Identify and retrofit stormwater hot spots using"Best Management Practices," such as grass parking,swales, pollution control structures, and detention/retention facilities. Control stormwater runoff in areashandling toxic and hazardous materials. Install swalesand detention facilities along limited sections of US 1.(Alt. III)

This strategy will reduce loadings of sediment, toxics, andnutrients to Sanctuary waters through engineering methodsapplied to stormwater hot spots (e.g., commercial andindustrial facilities) and limited sections of US 1.

W.11.c Identify and retrofit stormwater hot spots anddegraded areas using "Best Management Practices,"such as grass parking, swales, pollution controlstructures, and detention/retention facilities. Controlstormwater runoff in areas handling toxic and hazard-ous materials. Install swales and detention facilitiesalong numerous sections of US 1. (Alt. II)

This strategy would reduce loadings of sediment, toxics,and nutrients to Sanctuary waters through engineeringmethods applied to stormwater hot spots (e.g., commercialand industrial facilities), degraded areas, and numeroussections of US 1.

W.12.a Require that no development in the FloridaKeys be exempted from the stormwater permittingprocess. (Alts. IV, III, and II)

The SFWMD, which currently has the primary responsibilityfor stormwater permitting in the Keys, exempts develop-ments of less than 10 acres in size or two acres of impervi-ous surface from having to obtain a stormwater permit.Most development in the Keys falls below this threshold.Local governments are in the process of developingstormwater management ordinances and/or stormwatermanagement master plans. This strategy would requirethat local government ordinances and master plans cover

all development, with no minimum size threshold forrequiring that it go through the stormwater permittingprocess.

W.13.a Require local governments to enact andimplement stormwater management ordinances andcomprehensive stormwater management master plans.Petition the EPA to include the Florida Keys in thestormwater NPDES program if adequate stormwatermanagement ordinances and administrative capabili-ties to manage such ordinances are not in place by acertain date. (Alts. IV, III, and II)

This strategy will help reduce stormwater pollutant loadings(e.g., sediment, toxics, and nutrients) by requiring localgovernments to develop stormwater management ordi-nances and master plans. There is currently little regulationof stormwater runoff in the Keys. Many developments wereconstructed before SFWMD stormwater permitting require-ments were in place or, if constructed more recently, fellbelow the acreage thresholds for those regulations.Monroe County recently passed a stormwater ordinance,and other local governments are either developing ordi-nances and/or have stated in their comprehensive plansthat stormwater management master plans will be devel-oped. This strategy would set deadlines for local govern-ments to enact the stormwater ordinances and masterplans. As a backup in the event that these ordinances andmaster plans are not developed in a timely manner, theFDEP would petition the EPA to include the Florida Keys inthe stormwater NPDES permitting program for municipalseparate storm sewer systems.

W.14.a Institute a series of "Best ManagementPractices" and a public education program to preventpollutants from entering stormwater runoff. (Alts. IV, III,and II)

This strategy will reduce pollution from stormwater runoffthrough a variety of programs, including: 1) street sweep-ing; 2) ordinances aimed at controlling fertilizer applicationon public and private landscaping; 3) collection locationsand a public education program for the proper use anddisposal of fertilizers, pesticides, motor oil, and otherhazardous chemicals; and 4) strenuous litter-controlprograms.

W.15.a Improve and expand oil and hazardousmaterials response programs throughout the Sanctu-ary. (Alts. IV, III, and II)

This strategy will reduce the chance that an oil or hazard-ous materials spill will have a significant negative impact onSanctuary resources. This will be accomplished byimproving coordination and cooperation between theFederal, State, and local agencies responding to spills;encouraging improvements in response and containmenttechnologies appropriate to the Keys; and creating a spill


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W.17.c Eliminate all aerial pesticide spraying withinfive years. (Alt. II)

This strategy will reduce the potential impacts that aerialpesticide spraying (including that of hormones and otherbiological agents) may be having on Sanctuary resourcesby requiring that all spraying conform to existing regula-tions regarding applications to open-water areas. Over afive-year period, a program of land-based spraying will beimplemented and all aerial pesticide application will beeliminated.

W.18.a Develop and implement an independentresearch program to assess and investigate theimpacts of, and alternatives to, current pesticidepractices. Modify the Mosquito Control Program asnecessary on the basis of research findings. (Alts. IV,III, and II)

This strategy will establish a research program to identifythe impacts of current spraying practices on Sanctuaryresources and will identify alternative means of mosquitocontrol. Since pesticides used in mosquito control arenonspecific to the larval stages of crustaceans, fish, andnatural mosquito-control predators, the effects of thechemicals used (and all application methods employed)need to be examined. In addition, the effect of housingpatterns, design, and landscaping as they affect thedemand for mosquito control, need to be investigated. Theresults of this research may be used to modify the Mos-quito Control Program.

W.19.a The Steering Committee for the Water QualityProtection Program shall take a leading role in restor-ing the historical freshwater flow to Florida Bay. Inaddition, Sanctuary representatives should work withthe appropriate Federal, State, and local agencies toensure that restoration plans and surface watermanagement and improvement plans for South Floridaand the Everglades are compatible with efforts tomaintain water quality within the Sanctuary. (Alts. IV,III, and II)

The Steering Committee for the Water Quality ProtectionProgram includes high-level representatives of all relevantagencies and can, therefore, take a leading role in watermanagement issues affecting Florida Bay, includingrestoring historical freshwater flow. Both short- and long-term solutions must be pursued at high levels of manage-ment in both State and Federal agencies.

In addition, Sanctuary representatives should participate inthe review and revision of restoration plans and watermanagement plans for Florida Bay and adjacent areas toensure that these proposals and/or actions will enhanceand complement water quality improvement effortsundertaken in the Sanctuary. These plans include, but arenot limited to, the Shark River Slough GDM, C-111 basin,Taylor Slough Restoration, West Dade Wellfield, US 1

contingency plan for the Sanctuary that includes crew andequipment staged in the Keys (possibly including skim-mers). As this strategy recognizes that hazardous materialspills on land are handled independent of marine spills,improvement measures will be developed for both pro-grams.

W.16.a Establish a reporting system to ensure that allspills in and near the Sanctuary are reported toSanctuary managers and managers of impacted areaswithin the Sanctuary. Establish a geo-referencedSanctuary spills database. (Alts. IV, III, and II)

This strategy will ensure that Sanctuary managers areinformed of all spills (e.g., of petroleum products) in andnear the Sanctuary. Small spills, in particular, are under-reported, although they occur frequently and may have asignificant effect on the Sanctuary's water quality. Thisstrategy will establish a reporting system to ensure that allspills documented by various agencies (e.g., the USCGand FDEP) are reported to Sanctuary managers andmanagers of impacted areas within the Sanctuary. Inaddition, it would establish a geo-referenced database forthe Sanctuary that could be used to keep track of informa-tion on spills (e.g., locations, quantities, types of materialspilled, and environmental impacts).

W.17.a Refine the aerial spraying program to furtherreduce aerial spraying over marine areas. (Alts. IV andIII)

This strategy will reduce the amounts of pesticides enteringSanctuary waters through the refinement of the existingaerial spraying program. Ground spraying by truck is thecurrent method of choice for controlling the adult mosquitopopulation; however, aerial spraying is initiated when themosquito population reaches a certain threshold, asdetermined by mosquito landing counts at test sites.Although the Monroe County Mosquito Control Districtattempts to avoid marine areas when aerially spraying, thepotential for pesticides to reach marine waters may bereduced through program refinements. The threshold forinitiating aerial spraying would be reviewed to determinewhether it could be raised. Also, the program would bereviewed to determine whether the amount of sprayreleased over water could be reduced through the develop-ment of a more refined plan for flight lines and the use ofimproved equipment. Ground spraying of larvicides incurrently restricted areas would be reconsidered to reducethe need for aerial spraying of adult mosquito populations.The possibility of eliminating thermal fogs (which containdiesel oil) and implementing ultra-low-volume sprayingtechniques will be evaluated.


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widening, National Park Service Everglades RestorationPlan, Lower East Coast Water Supply Plan, and Ever-glades Surface Water Management and ImprovementPlan.

W.20.a Conduct a long-term, comprehensive waterquality monitoring program as described in the EPAWater Quality Protection Program. (Alts. IV, III, and II)

This strategy will provide long-term, comprehensiveinformation about the status and trends of water qualityparameters and biological resources in the Sanctuary. Itwill allow managers to identify or confirm problem areasand determine whether conditions are improving ordegrading. In addition, remedial actions taken to reducepollution would be monitored to evaluate their effective-ness. Water-column parameters to be monitored includetemperature, salinity, dissolved oxygen, pH, photosyntheti-cally active radiation, turbidity, nutrients, Chlorophyll-a, andalkaline phosphatase activity. Sediment parameters to bemonitored include grain size, mineralogy, organic content,nutrients, metals, pesticides, PCBs, petroleum hydrocar-bons, and sewage tracers. In addition to the water andsediment sampling, biological monitoring of seagrass,hardbottom, and mangrove communities would be con-ducted. Seagrass and hardbottom communities (includingcoral reefs and nearshore hardbottom areas) would bemonitored by in situ sampling and remote sensing.Changes in the areal coverage of mangrove communitieswould be monitored by remote sensing.

W.21.a Develop phased hydrodynamic/water qualitymodels and coupled, landscape-level ecologicalmodels to predict and evaluate the outcome of in-placeand proposed water quality management strategies.(Alts. IV, III, and II)

This strategy will develop predictive models that, used withappropriate scientific guidance, would allow resourcemanagers to predict and evaluate the outcome of variousmanagement strategies (e.g., engineering actions toreduce wastewater nutrient loadings). Initial conceptualmodels would be developed, information needs identified,environmental data gathered, and quantitative modelsdeveloped and refined over the long-term and on acontinuous basis to aid in management decisions.

W.22.a Develop a segmentation framework to identifysurface water areas sharing common hydrographicproperties affecting water quality. Determine thesusceptibility of each segment to pollutants basedupon all loadings (i.e., land- and water-based) andsegment specific hydrographic properties affectingtheir retention. (Alts. IV, III, and II)

This strategy will establish a management framework thatrecognizes the extent to which both regional and localcirculation affect temperature, salinity, and the transport of

pollutants and marine life into and within segments of theSanctuary. To better understand these processes, physicalsimulation models (e.g., coastal ocean hydrodynamical,circulation, transport, mesoscale meteorological, andhydrographical and hydrological models) will be developed.

This strategy also includes documenting the locations andmagnitudes of pollution sources entering the Sanctuary tobetter understand what areas are at high risk. Sources willinclude those that are point, nonpoint, and external to theSanctuary (e.g., permitted discharges, OSDSs, stormwaterrunoff, groundwater leachates, marinas, C-111, BiscayneBay, Florida Bay, southwest Florida and oceanic fluxes,and gyre-induced upwelling). Pollutants are to be inclusiveof nutrients, hydrocarbons, heavy metals, and pesticides.Load estimates will be based on the best available informa-tion, and will include engineering estimates where appli-cable.

W.23.a Conduct a hydrologic/geologic assessment ofleachate transport (e.g., from injection wells, land fills,storage tanks, etc.) into nearshore waters. Determinewhether, and in what quantities, groundwater nutrientsare reaching Sanctuary waters including the FloridaReef Tract. (Alts. IV, III, and II)

This strategy will better define the influences of variousgeologic formations (e.g., Miami Oolite, Key Largo Lime-stone, and Holocene sediment) on groundwater hydrologyas they affect the volume, composition, and transport ofleachates to nearshore/confined waters as a contributingfactor to ambient water quality. The research will alsoexamine the possible effects of groundwater nutrients onthe Florida Reef Tract.

W.24.a Conduct research to understand the effect ofwater transport from Florida Bay on water quality andresources in the Sanctuary. (Alts. IV, III, and II)

This strategy will research the influence of Florida Bay onthe Sanctuary's water quality. Research will include anhistorical assessment of Everglades/Florida Bay/FloridaKeys hydrology, as well as an estimation of present-day,long-term net transport and episodic transport from FloridaBay to the Sanctuary. This strategy will also clarify the roleof freshwater inflow and water quality from the Evergladesand other freshwater discharges to the southwest shorelineof Florida, Florida Bay, and the Sanctuary. The objective isto provide a scientific basis for efforts to re-establishsalinity, temperature, and nutrient regimes to ensure thebiological integrity of Florida Bay. The strategy will examinethe effects of structural modifications and changes in thetiming and volume of freshwater releases from existingstructures, as well as land practices affecting the waterquality of runoff.

This strategy will also involve studies to document anyecological impacts of Florida Bay waters on Sanctuarycommunities including seagrasses, coral reefs, nearshore


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hardbottom communities, and potentially endangered orthreatened species. Documentation of hypothesizedimpacts could provide a stronger basis for action to restorethe historical freshwater flow to Florida Bay.

W.25.a Conduct research to identify and documentcausal linkages between water quality (e.g., levels ofpollutants, nutrients, salinity, temperature, etc.) andecological problems in each major ecosystem. (Alts.IV, III, and II)

This strategy will help understand the cause/effect relation-ships between pollutants and biological resources. Numer-ous problems have been identified in Sanctuary biologicalcommunities, but the causes in most cases are notunderstood well enough to: 1) determine whether anthropo-genic pollutants are having adverse ecological effects; and2) predict confidently the ecological benefits of actions toreduce pollution. Research is needed to identify andunderstand causal linkages between pollutants and specificecological problems. Studies would identify limitingnutrients, estimate nutrient thresholds, and evaluateinteractive effects of nutrients, toxics, and other waterquality parameters. Nutrient budgets will be constructed todetermine limiting nutrients for each habitat, includingseasonal effects and thresholds. The strategy will alsoestablish a framework for investigating the impacts ofcatastrophic events (such as hurricanes) on water qualityand Sanctuary resources. The effects of turbidity, thedirection and flow of nearshore currents, nutrient enrich-ment, and suspended sediment on seagrasses, benthicalgae, and coral symbionts will be examined, as will theeffects of oil spills on coral reefs. The interactive effects ofsalinity, temperature, and nutrients on seagrasses andcorals will be determined, and water-quality stresses(including changes in nutrients, suspended sediments andcirculation patterns) will be characterized. Research couldinclude experimental studies (laboratory, mesocosm, insitu), historical studies (sclerochronology, geologicalreconstruction), and geographic comparisons.

W.26.a Develop diagnostic indicators of water qualityproblems (e.g., tissue C:N:P ratios, alkaline phosphateactivity, and shifts in community structure by habitat).Conduct research to identify and evaluate indicators(biochemical and ecological measures to provide earlywarning of widespread ecological problems) in eachtype of ecosystem. (Alts. IV, III, and II)

This strategy will make ecological monitoring simpler, lessexpensive, and more sensitive to changes in water quality.It would identify and evaluate indicators (biochemical andecological measures to provide early warning of wide-spread ecological problems) in each type of ecosystem.These measures could be incorporated into the WaterQuality Monitoring Program to provide the basis forresource-oriented water quality standards for the Sanctuary(see strategy W.5).

W.27.a Conduct research to identify and evaluateinnovative monitoring tools and methodologies todetect pollutants and identify cause/effect relation-ships involving water quality and biological resources.(Alts. IV, III, and II)

This strategy would identify and evaluate innovativemonitoring tools and methodologies to detect pollutantsand identify cause/effect relationships involving waterquality and biological resources. New or modified monitor-ing tools and methodologies may be needed because ofthe unique biota and environmental conditions in theSanctuary.

W.28.a Establish a regional database and datamanagement system for recording research resultsand biological, physical, and chemical parametersassociated with Sanctuary monitoring programs. (AltsIV, III, and II)

This strategy will develop a regional database includingbiological, physical, and chemical parameters and instru-ment records, etc.

W.29.a Develop a program to disseminate scientificresearch results including an information exchangenetwork, conferences, and support for the publicationof research findings in peer-reviewed scientificjournals. (Alts IV, III, and II)

This strategy will help disseminate research findingsamong scientists and resource managers, helping tostimulate discussion and critical thinking and to avoidduplication of effort in preparing research proposals.

W.31.a Examine the effects of global climate changeon the organisms and ecosystems of the Keys. (Alts.IV, III, and II)

This strategy will examine the effects of stresses associ-ated with global change on the ecosystem. Examplesinclude temperature, salinity, frequency and intensity ofstorms, turbidity, sea-level change, ultraviolet and visibleradiation, etc.

W.32.a Establish a technical advisory committee forcoordinating and guiding research and monitoringactivities. (Alts IV, III, and II)

This strategy will create an advisory committee to guide theprocess of setting priorities for research and monitoring.The committee shall be composed of scientists fromFederal agencies, State agencies, academic institutions,private nonprofit organizations, and knowledgeablecitizens.


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otherwise prohibited. This zoning includes measurescontained in proposed management plans for the GreatWhite Heron, Key West, and National Key Deer wildliferefuges developed by the U.S. Fish and Wildlife Serviceand the State of Florida Department of Natural Resources.

Z.1.b Establish Wildlife Management Areas thatrestrict access to especially sensitive wildlife popula-tions and habitats. Such areas would include birdnesting, resting, or feeding areas and turtle nestingbeaches. Restrictions could prohibit use, modify theway areas are used or accessed, and specify timeperiods when use is prohibited. (Alt. III)

Wildlife Management Areas are designed to minimizedisturbance to wildlife populations and their habitats.Regulations governing access will be designed to protectwildlife populations and habitat, while providing opportuni-ties for public use. Regulations will include various restric-tions on access including no-access zones, no-motor-usezones, and idle-speed zones. Zones would be placed inareas considered especially sensitive wildlife habitats.Regulations could also have seasonal components, e.g.,nesting season closures. Special-use permits, as specifiedin strategy B.11.a, will allow for access and activitiesotherwise prohibited. This zoning includes measurescontained in proposed management plans for the GreatWhite Heron, Key West, and National Key Deer wildliferefuges developed by the U.S. Fish and Wildlife Serviceand the State of Florida Department of Natural Resources.The areas selected for this alternative will be more numer-ous than those established in Alternative IV.

Z.1.c Establish Wildlife Management Areas thatrestrict access to especially sensitive wildlife popula-tions and habitats. Such areas would include birdnesting, resting, or feeding areas and turtle nestingbeaches. Restrictions could prohibit use, modify theway areas are used or accessed, and specify timeperiods when use is prohibited. (Alt. II)

Wildlife Management Areas are designed to minimizedisturbance to wildlife populations and their habitats.Regulations governing access will be designed to protectwildlife populations and habitat, while providing opportuni-ties for public use. Regulations will include various restric-tions on access including no-access zones, no-motor-usezones, and idle-speed zones. Zones would be placed inareas considered especially sensitive wildlife habitats.Regulations could also have seasonal components, e.g.,nesting season closures. Special-use permits, as specifiedin strategy B.11.a, will allow for access and activitiesotherwise prohibited. This zoning includes measurescontained in proposed management plans for the GreatWhite Heron, Key West, and National Key Deer wildliferefuges developed by the U.S. Fish and Wildlife Serviceand the State of Florida Department of Natural Resources.The areas selected for this alternative will be more numer-ous than those established in Alternative III.

W.33.a. Develop and implement a Sanctuary-wide,intensive ecosystem monitoring program. The objec-tive of the program will be to monitor the status ofvarious biological and ecological indicators of systemcomponents throughout the Sanctuary and adjacentareas in order to discern the local and system-wideeffects of human and natural disturbances and assessthe overall health of the Sanctuary. (Alts. IV, III, and II)

This strategy will establish an extensive, long-term monitor-ing program throughout the Sanctuary and adjacent areas.The monitoring program will have three purposes: 1) tosupply resource managers with information on the status ofthe health of living resources and the ecosystem; 2) todetermine causal relationships impacting managementdecisions; and 3) to evaluate the effectiveness of manage-ment actions such as zoning. The Ecological MonitoringProgram will be fully integrated into the Water QualityMonitoring Program. The elements of the monitoringprogram will include: 1) a temporal and spatial ecologicalframework based on current knowledge from which toestablish the sampling protocol; 2) status and trendsassessments of corals, fishes, seagrasses, benthicorganisms, plankton, and mangroves; 3) a fisheriesecology monitoring and research component to examinecommunity composition and function within the habitats ofthe Sanctuary; 4) a Science Advisory Board to develop andoversee the monitoring program; 5) a sampling protocol; 6)a data analysis, management, and dissemination protocol;7) a quality assurance/quality control protocol; 8) develop-ment of an index of health for the Sanctuary; and 9) avolunteer monitoring program. The development of aspatial, ecological framework for the Sanctuary and theestablishment of a Science Advisory Board are prerequi-

sites.

Zoning

Z.1.a Establish Wildlife Management Areas thatrestrict access to especially sensitive wildlife popula-tions and habitats. Such areas would include birdnesting, resting, or feeding areas and turtle nestingbeaches. Restrictions could prohibit use, modify theway areas are used or accessed, and specify timeperiods when use is prohibited. (Alt. IV)

Wildlife Management Areas are designed to minimizedisturbance to wildlife populations and their habitats.Regulations governing access will be designed to protectwildlife populations and habitat, while providing opportuni-ties for public use. Regulations will include various restric-tions on access including no-access zones, no-motor-usezones, and idle-speed zones. Zones would be placed inareas considered especially sensitive wildlife habitats.Regulations could also have seasonal components, e.g.,nesting season closures. Special-use permits, as specifiedin strategy B.11.a, will allow for access and activities


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Replenishment Reserves are zones that will be establishedin accordance with Section 7 (a) (2) of the Florida KeysNational Marine Sanctuary and Protection Act for thepurpose of ensuring the protection of Sanctuary resources.They are designed to protect habitats and species bylimiting consumptive activities, while continuing to allowrecreational activities that are compatible with resourceprotection. This will provide the opportunity for these areasto evolve in a natural state, with a minimum of anthropo-genic influence. These zones will protect a limited numberof areas that represent the diverse habitats within theSanctuary, and that provide important habitat for sustainingnatural resources such as fish and invertebrates. Theseareas have been selected to protect and enhancebiodiversity and provide natural spawning, nursery, orpermanent residence areas that will serve to replenishstocks of all species. The areas selected for this alternativewill be slightly larger and/or more numerous than thoseestablished in Alternative IV.

There already is scientific evidence that nonconsumptiveareas lead to increases in both harvested andnonharvested species. However, questions remain aboutthe usefulness of these areas in the Sanctuary, as well asthe best sites, configurations, and locations. In addition,there is uncertainty about the relative impacts of regionalwater quality, nearby pollution sources, and human usesthat already exist in the Sanctuary. Unbiased scientificstudies, therefore, will be initiated in the ReplenishmentReserves for two purposes: 1) to determine whether thereserves actually protect biological diversity and increasethe productivity of important marine life species; and 2) toutilize the reserves as control areas to better understandthe impacts of water quality, pollution, and various humanuses. Based on the results of these studies, the five-yearupdate of the Management Plan will consider expanding,modifying, or eliminating these zones.

Z.2.c Replenishment Reserves are designed toencompass large, contiguous diverse habitats. Theyare intended to provide natural spawning, nursery, andpermanent residence areas for the replenishment andgenetic protection of marine life and to protect andpreserve all habitats and species. These reserves areintended to protect areas that represent the full rangeof diversity of resources and habitats found through-out the Sanctuary. The intent is to meet these objec-tives by minimizing human influences within theseareas. (Alt. II)

Replenishment Reserves are zones that will be establishedin accordance with Section 7 (a) (2) of the Florida KeysNational Marine Sanctuary and Protection Act for thepurpose of ensuring the protection of Sanctuary resources.They are designed to protect habitats and species bylimiting consumptive activities, while continuing to allowrecreational activities that are compatible with resourceprotection. This will provide the opportunity for these areasto evolve in a natural state, with a minimum of anthropo-genic influence. These zones will protect a limited number

Z.2.a Replenishment Reserves are designed toencompass large, contiguous diverse habitats. Theyare intended to provide natural spawning, nursery, andpermanent residence areas for the replenishment andgenetic protection of marine life and to protect andpreserve all habitats and species. These reserves areintended to protect areas that represent the full rangeand diversity of resources and habitats found through-out the Sanctuary. The intent is to meet these objec-tives by minimizing human influences within theseareas. (Alt. IV)

Replenishment Reserves are zones that will be establishedin accordance with Section 7 (a) (2) of the Florida KeysNational Marine Sanctuary and Protection Act for thepurpose of ensuring the protection of Sanctuary resources.They are designed to protect habitats and species bylimiting consumptive activities, while continuing to allowrecreational activities that are compatible with resourceprotection. This will provide the opportunity for these areasto evolve in a natural state, with a minimum of anthropo-genic influence. These zones will protect a limited numberof areas that represent the diverse habitats within theSanctuary and that provide important habitat for sustainingnatural resources such as fish and invertebrates. Theseareas have been selected to protect and enhancebiodiversity and provide natural spawning, nursery, orpermanent residence areas that will serve to replenishstocks of all species.


Z.2.b Replenishment Reserves are designed toencompass large, contiguous diverse habitats. Theyare intended to provide natural spawning, nursery, andpermanent residence areas for the replenishment andgenetic protection of marine life and to protect andpreserve all habitats and species. These reserves areintended to protect areas that represent the full rangeof diversity of resources and habitats found through-out the Sanctuary. The intent is to meet these objec-tives by minimizing human influences within theseareas. (Alt. III)


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examination of user patterns, aerial photography, andground-truthing of specific habitats.

Z.3.b Establish nonconsumptive Sanctuary Preser-vation Areas in a number of areas that are experienc-ing a high degree of conflict between consumptive andnonconsumptive uses, and in discrete areas that arecurrently experiencing significant population or habitatdeclines. These areas will provide for the protectionand sustenance of resources, particularly selectmarine species in high-use and biologically importantareas. (Alt. III)

These zones will focus on the protection of shallow, heavilyused reefs where conflicts occur between user groups, andwhere concentrated visitor activity leads to resourcedegradation. They are designed to enhance the reproduc-tive capabilities of renewable resources, protect areas thatare critical for sustaining and protecting important marinespecies, and reduce user conflicts in high-use areas. Thiswill be accomplished through a prohibition of consumptiveactivities within these areas. These areas have beenchosen based on the status of important habitat, the abilityof a particular area to sustain and protect the habitat, andthe degree of conflict between consumptive andnonconsumptive users.

Research conducted in these areas can provide importantinformation for comparing the effects of natural processesand consumptive activities on species and habitat. Impor-tant prerequisites for conducting monitoring and researchin these areas are to continue the ongoing, large-scaleremote sensing project to locate and map the resourcesand habitats within the Sanctuary and to assess the statusof important marine species and their habitat. The actualsize and location of these zones have been determined byexamination of user patterns, aerial photography, andground-truthing of specific habitats. The areas selected willbe slightly larger and/or more numerous than thoseestablished in Alternative IV.

Z.3.c Establish nonconsumptive Sanctuary Preser-vation Areas in numerous areas that are experiencinga high degree of conflict between consumptive andnonconsumptive uses, and in discrete areas that arecurrently experiencing significant population or habitatdeclines. These areas will provide for the protectionand sustenance of resources, particularly selectmarine species in high-use and biologically importantareas. (Alt. II)

These zones will focus on the protection of shallow, heavilyused reefs where conflicts occur between user groups, andwhere concentrated visitor activity leads to resourcedegradation. They are designed to enhance the reproduc-tive capabilities of renewable resources, protect areas thatare critical for sustaining and protecting important marinespecies, and reduce user conflicts in high-use areas. Thiswill be accomplished through a prohibition of consumptiveactivities within these areas. These areas have been

of areas that represent the diverse habitats within theSanctuary, and that provide important habitat for sustainingnatural resources such as fish and invertebrates. Theseareas have been selected to protect and enhancebiodiversity and provide natural spawning, nursery, orpermanent residence areas that will serve to replenishstocks of all species. The areas selected for this alternativewill be slightly larger and/or more numerous than thoseestablished in Alternative III.

There already is scientific evidence that nonconsumptiveareas lead to increases in both harvested andnonharvested species. However, questions remain aboutthe usefulness of these areas in the Sanctuary, as well asthe best sites, configurations, and locations. In addition,there is uncertainty about the relative impacts of regionalwater quality, nearby sources of pollution, and human usesthat already exist in the Sanctuary. Unbiased scientificstudies, therefore, will be initiated in the ReplenishmentReserves for two purposes: 1) to determine whether thereserves actually protect biological diversity and increasethe productivity of important marine life species; and 2) toutilize the reserves as control areas to better understandthe impacts of water quality, pollution, and various humanuses. Based on the results of these studies, the five-yearupdate of the Management Plan will consider expanding,modifying, or eliminating these zones.

Z.3.a Establish nonconsumptive Sanctuary Preser-vation Areas in a select number of areas that areexperiencing a high degree of conflict between con-sumptive and nonconsumptive uses and in discreteareas that are currently experiencing significantpopulation or habitat declines. These areas willprovide for the protection and sustenance of re-sources, particularly select marine species in high-useand biologically important areas. (Alt. IV)


Research conducted in these areas can provide importantinformation for comparing the effects of natural processesand consumptive activities on species and habitat. Impor-tant prerequisites for conducting monitoring and researchin these areas are to continue the ongoing, large-scaleremote sensing project to locate and map the resourcesand habitats within the Sanctuary and to assess the statusof important marine species and their habitat. The actualsize and location of these zones have been determined by


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chosen based on the status of important habitat, the abilityof a particular area to sustain and protect the habitat, andthe degree of conflict between consumptive and noncon-sumptive users.

Research conducted in these areas can provide importantinformation for comparing the effects of natural processesand consumptive activities on species and habitat. Impor-tant prerequisites for conducting monitoring and researchin these areas are to continue the ongoing, large-scaleremote sensing project to locate and map the resourcesand habitats within the Sanctuary and to assess the statusof important marine species and their habitat. The actualsize and location of these zones have been determined byexamination of user patterns, aerial photography, andground-truthing of specific habitats. The areas selected willbe slightly larger and/or more numerous than thoseestablished in Alternative III.

Z.4.a Establish an Existing Management Area thatrecognizes areas that are managed by other agencieswhere restrictions already exist. Management of theseareas within the Sanctuary may require additionalregulations or restrictions to adequately protectresources. Any additional management measures willbe developed and implemented in coordination withthe agency having jurisdictional authority. (Alts. IV, III,and II)

These zones delineate the existing jurisdictional authorityof other agencies (i.e., State parks, aquatic preserves,sanctuaries, and other restricted areas). Their function is torecognize established management areas and to, at aminimum, complement the existing management programsthat have been established in those areas. This zone typewill serve as a vehicle to accomplish Section 7 (a) (6) of theFlorida Keys National Marine Sanctuary and Protection Actby ensuring cooperation and coordination with otheragencies.

Z.5.a Establish zones to address special-useactivities and concerns within the Sanctuary. Thesezones can be used to set aside areas for educationaland scientific purposes, restorative, monitoring, orresearch activities or to establish areas that confine orrestrict activities such as power boat racing andpersonal watercraft use in order to minimize impactson sensitive habitats and to reduce user conflicts. Thiszone type will also establish live-aboard areas andmooring fields in areas where adverse environmentalimpacts will be minimal. (Alts. IV and III)

This strategy is designed to delineate areas of specialconcern where specific issues can be addressed throughthe use of zoning. Using these zones, areas can be setaside for specific uses to reduce user conflicts and

minimize adverse environmental effects from high-impactactivities. This will be accomplished by designatingselected areas where activities can be conducted with aminimum of disturbance to other users and the environ-ment. Special-use Areas may include areas set aside forresearch, artificial reef construction, archaeological sites,etc. They will also delineate areas where high-impactactivities, such as powerboat racing and personal water-craft use will be allowed. Live-aboard areas and mooringfields will also be confined to specific areas in order toreduce adverse environmental impacts. This is the broad-est zoning classification and encompasses the greatestrange of management issues. The boundaries of theseareas will be selected to address management issues andneeds, and may include seasonal or emergency closuresof areas.

Z.5.c Establish zones to address special-useactivities and concerns within the Sanctuary. Thesezones can be used to set aside areas for educationaland scientific purposes, restorative, monitoring, orresearch activities or to establish areas - limited in sizeand number - that confine or restrict activities, such aspowerboat racing and personal watercraft use, in orderto minimize impacts on sensitive habitats and toreduce user conflicts. This zone type will also estab-lish a limited number of live-aboard areas and mooringfields in areas where adverse environmental impactswill be minimal. (Alt. II)

This strategy is designed to delineate areas of specialconcern where specific issues can be addressed throughthe use of zoning. Using these zones, areas can be setaside for specific uses to reduce user conflicts andminimize adverse environmental effects from high-impactactivities. This will be accomplished by designatingselected areas where activities can be conducted with aminimum of disturbance to other users and the environ-ment. Special-use Areas may include areas set aside forresearch, artificial reef construction, archaeological sites,etc. They will also delineate areas where high-impactactivities, such as powerboat racing and personal water-craft use will be allowed. Live-aboard areas and mooringfields will also be confined to specific areas in order toreduce adverse environmental impacts. The areas selectedto confine high-impact activities, live-aboards, and mooringfields will be slightly smaller and less numerous than thoseestablished in Alternatives IV and III. This will furtherrestrict the possibility of adverse impacts related to thoseactivities. This is the broadest zoning classification andencompasses the greatest range of management issues.The boundaries of these areas will be selected to addressmanagement issues and needs, and may include theseasonal or emergency closures of areas.


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information. A color environmental atlas for the Sanctuarywill be produced, as will a monthly color periodical.

Materials for boaters, divers, and fishermen will includespecific information on the proper use of equipment,Sanctuary regulations related to water activities, safepractices for each, Sanctuary habitats and species guidesfor users, and direct and indirect impacts of boating, diving,fishing and other water-based activities on Sanctuaryresources. In addition, materials with information directedtowards activities on land, such as sewage and solid wastedisposal, and stormwater runoff and household activities(e.g., home improvement, yard waste disposal, etc.) thatimpact the Sanctuary will be produced.

Printed materials will be distributed in bulk to locationsaccessible to boaters, divers, and fishermen in particular.These locations will include marinas, boat ramps, diveshops, aquarium shops, and where fishing licenses aresold. Other locations more accessible to the general publicinclude schools, libraries, and Federal, State, and localagency offices. A Sanctuary newsletter will be mailed out inbulk. Other materials will be mailed out with vehiclelicenses and registrations and utility bills.

E.2.a Inventory and use existing videos, films, andaudio materials portraying activities in the FloridaKeys and their impacts on Sanctuary resources.Materials will be available from Sanctuary offices. (Alt.IV)

This strategy is designed to assemble available audio/visual environmental education materials and create alibrary for use by public and private organizations as wellas Sanctuary staff. No new videos or audio tapes will beproduced. A slide/photo library will be developed andcontributions of materials will be solicited from amateur andprofessional photographers.

A check-out system will be used to lend out these materi-als. A video system will be installed in the Sanctuary officeto allow visitors to view tapes.

E.2.b Inventory and use existing videos, films, andaudio/visual environmental education materialsportraying activities in the Florida Keys and theirimpacts on Sanctuary resources. Produce a limitednumber of audios/videos to address gaps in availablematerials and to address major activities includingboating, fishing, diving, etc. Materials will be availableat Sanctuary offices and will be distributed to keylocations (e.g., dive shops, etc.) throughout SouthFlorida. (Alts. III and II)

This strategy is designed to assemble all available audio/visual environmental education materials and create alibrary for use by public and private organizations, as wellas Sanctuary staff. A limited number of new audio and

Education

E.1.a Develop printed materials to promote publicawareness, specifically targeting boaters and divers/snorkelers, of the impacts of their activities on theSanctuary's resources and environmental quality.Promote the proper use of equipment used for theseactivities in order to minimize adverse impacts tonatural resources. Materials will include brochures,posters, newsletters and contributions to periodicals.Distribute materials in bulk to high-interceptionlocations (e.g., marinas, boat ramps, dive shops, etc.).(Alt. IV)

Printed materials will be developed to promote publicawareness (e.g., visitors, business owners and operators,etc.) and, in particular, boaters' and divers'/snorkelers'awareness of the impacts of their activities on Sanctuaryresources and environmental quality. Information will beprinted in brochures, posters, newspapers, newsletters,and periodicals.

Materials for boaters and divers will include specificinformation on the proper use of equipment, Sanctuaryregulations related to boating and diving, safe boating anddiving/snorkeling practices, Sanctuary habitats and speciesguides for divers/snorkelers, and direct and indirectimpacts of boating and diving on Sanctuary resources.

Printed materials will be distributed in bulk to locationsaccessible to boaters and divers in particular. Theselocations will include marinas, boat ramps, and dive shops.Other locations more accessible to the general publicinclude schools, libraries, and Federal, State, and localagencies.

E.1.b. Develop printed materials to promote publicawareness of the impact of their activities, both land-and water-related, on the Sanctuary's resources andenvironmental quality. Promote the proper use ofequipment used for these activities in order to mini-mize adverse impacts to natural resources. Materialswill include brochures, posters, newsletters, contribu-tions to periodicals, environmental nautical charts,color environmental atlases, and a color periodical.Distribute materials in bulk to high-interceptionlocations (e.g., marinas, boat ramps, dive shops, otherbusinesses etc.) and include bulk mailings as a meansof distribution. (Alts. III and II)

Printed materials will be developed to promote publicawareness (e.g., visitors, business owners and operators,etc.) and, in particular, boaters', divers'/snorkelers',fishermens', and homeowners' awareness of the impacts oftheir activities on Sanctuary resources and environmentalquality. Information will be printed in brochures, posters,newspapers, newsletters, and periodicals. Some brochureswill be produced in color on glossy paper stock. Nauticalcharts will also be printed with relevant environmental


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visual materials will be developed to address gaps inavailable materials. A number of videos and other materialswill be produced to address major activity/issue areas (e.g.,boating impacts, fishing, diving, etc.). A slide/photo librarywill be developed and contributions of materials will besolicited from amateur and professional photographers.

A check-out system will be used to lend out these materi-als. The distribution scheme will include libraries at allSanctuary facilities, as well as at-cost distribution to diveshops and other high-interception locations in the Keys andthroughout South Florida.

E.3.a Develop signs/displays at high-use areas andpublic and private boat ramps to inform participants inwater-based activities of regulations and environmen-tally sound practices, provide navigation information,and promote awareness of sensitive areas. Produceportable displays with information on Sanctuaryresources, regulations, environmental quality, etc. Alimited number of signs will be multi-lingual. (Alt. IV)

Permanent displays/signs will be developed with textlimited to Sanctuary resource information and regulations.A portable display will be produced with similar information.Permanent displays/signs will be placed at a limitednumber of high-use public and private boat ramps. Alimited number of multi-lingual signs will also be produced.

E.3.b Develop signs/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. Portabledisplays will also be produced with information onSanctuary resources, regulations, environmentalquality, etc. Most of the signs will be multi-lingual.Targeted multi-media displays will be developed withinformation and impacts on the Sanctuary relevant tothe activity targeted. A number of wayside exhibits willbe installed.

Develop a user-friendly computer system containinginformation on regulations, access, recreational sites,environmental etiquette, etc. for visitor use at selectedsites throughout the Sanctuary within five years. (Alts.III and II)

Permanent displays/signs will be developed with Sanctuaryresource information, regulations, navigation safety andenvironmental etiquette. A portable display will be pro-duced with similar information. Also multi-media targeteddisplays (e.g., boating, fishing, diving, etc.) will be pro-duced with information on sound boating practices, nearbysensitive areas, catch-and-release fishing, handlingtechniques and impacts of hook-and-line fishing onSanctuary resources. Most of the signs produced will bemulti-lingual.

Permanent displays/signs will be placed at all public andsome private boat ramps. Signs will also be displayed atsome public shoreline access areas. A number of displayswill be placed along the roadside throughout the Keys (e.g.,Key Largo, Islamorada, Marathon, Big Pine, and KeyWest).

A network of computer-driven display systems will be setup to provide information to Sanctuary visitors on re-sources, activities, and the environment. This system mustbe user-friendly (e.g., touch-screen menus) and will beavailable for sale to commercial establishments. Updateswould take place every six months. The system will be inplace in five years.

E.4.a Develop oportunities for instruction andtraining. This will include programs conducted byteachers, Sanctuary staff, and volunteers. Trainingprograms (e.g., Coral Reef Classroom, submergedcultural resources, etc.) will also be provided forteachers, environmental professionals, businessowners and operators, and law enforcement officials.(Alt. IV)

This strategy will improve the understanding of Sanctuaryprograms and purposes and the ecology of the Keysthrough development of training modules to be used asfollows:

1) Volunteer training opportunities involving basic educa-tion/orientation for new volunteers concerning the marinesanctuary program and specific, task-oriented trainingdesigned to assist paid staff in accomplishing monitoring,safety, or public outreach.

2) Development of specific packaged presentations on theSanctuary, its resources, goals, etiquette, and environmen-tal quality targeted at either the primary or secondaryeducation level.

3) The Florida Marine Patrol has an environmental aware-ness program that has produced significant results in thepast. This strategy would provide additional funding,allowing the Patrol to improve and increase the range of itsexisting program.

E.4.b Develop oportunities for instruction andtraining. This will include programs (both on theprimary and secondary level) conducted by teachers,Sanctuary staff, and volunteers. Participation inexisting environmental education programs would alsobe established, and some programs would be ex-panded. Training programs (e.g., Coral Reef Class-room, submerged cultural resources, etc.) will also beprovided for teachers, environmental professionals,business owners and operators, and law enforcementofficials. (Alts. III and II)


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E.5.b Establish a program to promote Sanctuary goalsand activities through public service announcements(PSAs) in South Florida, with some national andinternational public exposure, that presents an over-view of the Sanctuary, its resources and their ecologi-cal significance for routine distribution to radio, cabletelevision stations, and newspapers. Develop editorial/contributions for other printed media. Funds will bespent on routine media exposure. PSAs would focuson participants in water-related and other activitiesthat affect the Sanctuary (e.g., boaters, divers, house-hold etc.). These materials will also be organized into apress packet. (Alts. III and II)

This strategy is designed to develop a program of publicservice announcements and other media-related materialsto educate the public about how their activities impactSanctuary resources. The PSAs will focus on boating,diving, household activities and other activities that impactthe Sanctuary. The areal extent of media exposure willextend to all of South Florida. Some PSAs will be shown tostate, national, and international markets. A number ofbroadcasts will be in languages other than English (prima-rily Spanish).

The exposure will be routine "no-cost" PSAs on radio andTV. Funds will be spent on column space and air time toincrease the frequency of broadcast. Routine editorialresponses/contributions will be developed for local papersand other printed materials. A "no-cost" program forprinting PSAs on manufacturers product packaging willalso be established. A basic press package will be pro-duced for distribution to media representatives on request.

E.6.b Establish an education advisory council toadvise educators on education goals, priorities andfunding sources for the Sanctuary. A full-time staffperson will be provided. (Alts. III and II)

This strategy is designed to establish an educationadvisory council to assist education staff in establishingeducation priorities, securing funds, and coordinatingeducational efforts to prevent duplication with othereducation organizations. The council will be able to rely ona full-time staff person provided by the Sanctuary Program.

E.7.a Promote educational materials and other informa-tion about the Sanctuary and its resources at existingSanctuary offices. (Alt. IV)

This strategy will establish visitor booths/displays toprovide educational materials on Sanctuary resources,etiquette, and environmental quality. Existing Sanctuaryoffices will provide limited space for distribution on a walk-in basis. No other building space will be dedicated to thisfunction.


1) Volunteer training opportunities will involve sophisticatedtechnical education/orientation for volunteers concerningthe marine sanctuary program and specific, task-orientededucation designed to assist paid staff in accomplishinghabitat restoration, SCR research and interpretation, etc.

2) Development of specific packaged presentations on theSanctuary, its resources, goals, etiquette, and environmen-tal quality targeted at both primary and secondary educa-tion levels. The programs will include on-site trainingopportunities for studying a limited number of Sanctuaryhabitats and SCRs.

3) Sanctuary interpretive staff will coordinate activities on alimited basis with State, county, and private environmentaleducation programs targeted at specific activities (e.g.,boating, fishing, diving, business owners and operators,households, etc.). New environmental education programsfor targeted activities will be developed to fill in gaps.

4) The Florida Marine Patrol has an environmental aware-ness program that has produced significant results in thepast. This strategy would provide additional fundingallowing the Patrol to improve and increase the range of itsexisting program.

E.5.a Establish a program to promote Sanctuary goalsand activities through public service announcements(PSAs) in Monroe County that presents an overview ofthe Sanctuary, its resources, and their ecologicalsignificance for limited "no-cost" distribution to radio,cable television stations, and newspapers. Developlimited editorial/contributions for other printed media.PSAs will focus on participants in water-relatedactivities (boaters, divers, etc.). These materials willalso be organized into a press packet. (Alt. IV)

This strategy is designed to develop a program of publicservice announcements and other media-related materialsto educate the public about how their activities impactSanctuary resources. The media contacted in this strategywill include those based in Monroe County only. Thematerials are primarily aimed at boaters and divers. Theexposure will be limited to a small number of "no-cost"PSAs on radio and TV. A limited number of editorialresponses/contributions will be developed for local papers.A "no-cost" program for printing PSAs on manufacturersproduct packaging will also be established. A basic presspackage will be produced for distribution to media repre-sentatives on request.


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E.7.b Promote educational materials, including bilin-gual materials and other information about the Sanctu-ary and its resources, at existing Sanctuary offices andChambers of Commerce. Establish an interagencyvisitor center with the U.S. DOI and the Florida DEP.(Alt. III)

This strategy will establish visitor booths/displays toprovide educational materials on Sanctuary resources,etiquette, and environmental quality with materials printedin languages other than English (primarily Spanish).Existing Sanctuary offices will provide limited space fordistribution on a walk-in basis. In addition, an interagencyvisitor center will be established in cooperation with theU.S. DOI (FWS, NPS) and the FDEP to provide visitorsand residents with orientation information on variousprotected and managed areas. Cooperative efforts willallow agencies to pool resources and provide lowest costoptions for a special center.

The Sanctuary will also use no-cost/low-cost space inlocations where tourist-related information is alreadydistributed (e.g., Chambers of Commerce) for promotionalpurposes.

E.7.c Promote educational materials, including bilin-gual materials and other information about the Sanctu-ary and its resources, in a visitor center established byand dedicated solely to the Sanctuary. Other smallercenters will be established at major resort locations.Booths/displays will be established in remote loca-tions. (Alt. II)

This strategy will establish visitor booths/displays toprovide educational materials on Sanctuary resources,etiquette, and environmental quality with materials printedin languages other than English (primarily Spanish).Existing Sanctuary offices will provide space for distributionon a walk-in basis. In addition, an interagency visitor centerwill be established by the Sanctuary Program that will focusonly on issues related to the Sanctuary. Mini visitor centerswill be established at major resort areas in the Keys (e.g.,Key Largo, Marathon, or Key West, depending on thelocation of the main visitor center).

The Sanctuary will also use no-cost/low-cost space inlocations where tourist-related information is alreadydistributed (e.g., Chambers of Commerce, car rentalagencies, airports, etc.) to establish booths/displayspromoting the Sanctuary.

E.9.c Establish an ecotourism coordinator/promoterposition for the Sanctuary within three years. (Alt. II)

This strategy will establish an "ecotourism coordinator" towork in conjunction with the Monroe County Tourism Boardto promote, assist and coordinate the development ofresource-sensitive tourism activities that would have a

minimum impact on Sanctuary resources. They will alsoassist in development of "ecotourism" companies thatpromote Sanctuary goals and purposes.

E.10.a Establish a program to ensure public involve-ment throughout South Florida in Sanctuary activitiesby holding public meetings and promoting Sanctuaryawareness to extracurricular groups. (Alt. IV)

This strategy will establish a program to ensure publicinvolvement by holding periodic public meetings throughoutSouth Florida to which commercial and recreational usersof Sanctuary resources and the general public will beinvited. Sanctuary staff and/or guest speakers will makepresentations, and dialogue and feedback from the publicwill be encouraged.

Limited printed materials will be developed to supportpresentations to organizations such as 4-H clubs, scouts,and nongovernmental agencies who are making an effortto learn about and support the Sanctuary.

E.10.b Establish a program to ensure public involve-ment throughout South Florida in Sanctuary activitiesby holding public meetings and promoting Sanctuaryawareness to extracurricular groups. A Sanctuary "hotline" will be established for the public to report infor-mation concerning the Sanctuary. A program will alsobe established to provide Sanctuary sponsorship ofcontests/awards. (Alts. III and II)

This strategy will establish a program to ensure publicinvolvement by having periodic public meetings throughoutSouth Florida to which commercial and recreational usersof Sanctuary resources and the general public will beinvited. Sanctuary staff and/or guest speakers will makepresentations, and dialogue and feedback from the publicwill be encouraged.


Sanctuary-sponsored contests will be established thatinclude logo contests, photo contests, and volunteer of theyear contests. An annual award to recognize contributionsby individuals and organizations will also be part of theprogram. "Adopt-a-Reef" will be another valuable Sanctu-ary-sponsored program.

E.11.a Organize, support, and/or participate inspecial events (e.g., trade shows, expositions, grandopenings, etc.) that allow for the exchange of Sanctu-ary information. The Sanctuary will co-sponsor alimited number of conferences and workshops. (Alt. IV)


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This strategy proposes that the Sanctuary Program beinvolved in special events where Sanctuary information canbe distributed.

The Sanctuary Program will also co-sponsor a limitednumber of conferences and workshops dealing withSanctuary issues and environmental quality.

E.11.b Organize, support, and/or participate inspecial events (e.g., trade shows, expositions, grandopenings, etc.) that allow for the exchange of Sanctu-ary information. The Sanctuary will co-sponsor alimited number of conferences and workshops.TheSanctuary will co-sponsor a number of conferencesand workshops, with selected sole sponsorship ofsome events. This would include a "Sanctuary Aware-ness Week" and a "grand opening" to the Sanctuary.The Sanctuary Program would co-sponsor other"awareness" events/weeks (e.g., National FishingWeek, etc.). (Alts. III and II)


The Sanctuary Program will also co-sponsor conferencesand workshops dealing with Sanctuary issues and environ-mental quality. Sole sponsorship of a limited number ofevents of particular interest/benefit to the Sanctuary will beestablished. This will include "Sanctuary Awareness Week"and a "grand opening" to further promote public awarenessof Sanctuary goals. The Sanctuary Program will co-sponsor other "awareness" events/weeks (e.g., NationalFishing Week, etc.) with special-interest groups by provid-ing information on specific activities and their impacts.

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Appendix H. Strategies in the Preferred Alternative

B.3 Develop and implement a removal and dis-posal plan for derelict and abandoned vessels, stream-line the permitting process, and require the removal ofall derelict and abandoned vessels throughout theSanctuary.

This strategy will reduce direct and indirect impacts tonatural resources from derelict and abandoned vessels. Aremoval and disposal plan will include: 1) assessing thelocation and extent of derelict and abandoned vessels;2) streamlining the existing permitting process for removingderelict and abandoned vessels from high-use andsensitive areas; and 3) requiring the use of environmentallysound removal practices and techniques. It will also requirethe removal of derelict and abandoned vessels throughoutthe Sanctuary.


B.4 Establish a channel/waterway marking systemthroughout the Sanctuary.

This strategy will reduce damage to natural resources fromboating activities by: 1) placing regulatory and informationalfloating buoys or fixed markers at major shallow-waterreefs, shoals, or other significant features; 2) markingfrequently used and preferred channels; and 3) reducingboat wakes in sensitive habitats, areas vulnerable toerosion, and high-density areas such as marinas. Thestrategy will be implemented throughout the Sanctuary. Asurvey to identify and map areas of frequent groundings,channels, sites of shallow-water reefs, shoals, and othersignificant features is a prerequisite. This strategy willaffect all watercraft, including personal watercraft (PWC).

B.5 Develop a response plan for boat groundingsthroughout the Sanctuary.

This strategy will develop a standard response plan toaddress boat groundings throughout the Sanctuary. Theplan should reduce response time, a critical factor inlimiting the potential for extensive resource damage. Aprerequisite is to identify the available response resourcesand the affected agencies, and to develop a protocol forresponsibility, assessment standards, methods, andtraining.

B.6 Add 30 Sanctuary enforcement officers todeploy in high-use and sensitive areas.

This strategy will increase the presence of law enforcementofficers (LEOs) on the water to protect resources andreduce user conflicts. This will be accomplished by hiring30 more LEOs and deploying them in high-use andsensitive areas. Remote observation techniques may be

Strategies in the Preferred Alternative

This appendix presents and describes the strategiesthat were in the Preferred Alternative for the DraftFlorida Keys National Marine Sanctuary Manage-ment Plan/Environmental Impact Statement. SeeVolume I for the Description of the Preferred Alterna-tive for the Final Environmental Impact Statement/Management Plan.

Boating

B.1 Conduct a survey to assess public and privateboat access throughout the Sanctuary to develop a low-impact access plan; direct new public access to low-impactareas; and modify as appropriate any access affectingsensitive areas throughout the Sanctuary.

This strategy is designed to reduce resource impacts fromall boating activities throughout the Sanctuary. An inventorywill first be conducted of the existing locations of public andprivate boat access ramps and their levels of use. Basedon this inventory, a boating access plan will be developedthat: 1) directs new public access points, including marinasand mooring areas, to low-impact areas; and 2) requiresmodification of access ramps directly affecting sensitiveareas (i.e., seagrasses, mangroves, hardbottoms, etc.)throughout the Sanctuary.


B.2 Conduct a program of restoration research atrepresentative habitat sites within the Sanctuary; developa restoration plan and implement restoration in severelyimpacted areas. Monitor recovery processes.

This strategy is designed to promote research and thedevelopment of new technologies to restore and enhancecoral, seagrass, and mangrove habitats throughout theSanctuary. Restoring these habitats will enhance fisherystocks. Seagrass and coral transplanting are examples ofrestoration activities, but other techniques must also bedeveloped. A restoration plan will be developed andimplemented for severely impacted areas. Recoveryprocesses (e.g., recruitment and survivability) will bemonitored at these sites. An extensive demonstrationproject will be developed for mitigation and restorationtechniques following physical disturbances or chronicpollutant inputs. Emergency or long-term restoration zonesmay be established to allow for sufficient resource recov-ery.


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B.10 Establish damage assessment standards forvessel groundings in the Sanctuary.

This strategy will establish a standard damage assessmentmethodology for vessel groundings on coral reefs andother vulnerable or sensitive habitats. Establishing astandard damage assessment methodology includesimproving response times, assessment procedures, andlitigation practices. Prerequisites include: 1) developing anassessment procedure manual; 2) assembling assessmentresponse teams; 3) identifying assessment techniques forall habitat types; and 4) determining resource values.

B.11 Establish permits (e.g., for researchers,educators, emergency response personnel, salvors,salvage operators, animal rescue operations) toconduct activities otherwise prohibited within theSanctuary; facilitate simplified permitting.

This strategy will allow access by special groups (e.g.,researchers, educators, emergency response personnel,salvage operators, and animal rescue operations) torestricted areas (e.g., nesting sites, spawning areas, etc.).Permits will be monitored and permit provisions enforced.

B.12 Expand Federal/State/local cooperative lawenforcement and cross-deputization programs andprioritize enforcement areas.

This strategy will increase the efficiency and effectivenessof enforcement efforts. It will establish coordination andcooperation among agencies and increase interagencycommunication by: 1) developing cooperative administra-tive agreements that establish Federal, State, and localenforcement authority among all officers; 2) schedulingefficient equipment and staff use among all agencies; 3)standardizing training; 4) developing a process for handlingviolations; 5) standardizing radio communications (i.e., useof a common radio frequency); 6) promoting cooperationwith the military in detecting violations; and 7) determiningpriority enforcement areas. Establishing cooperativeagreements and identifying priority areas are prerequisites.

B.13 Establish regulations and procedural guide-lines for commercial salvaging and towing of vesselsin need of assistance. Implement permitting forsalvaging and towing throughout the Sanctuary andestablish an operator training program.

This strategy will reduce damage to natural resourcesresulting from improper vessel salvage methods bydeveloping standard vessel salvage procedures including:1) obtaining a permit; 2) notifying authorities; 3) having anauthorized observer at the site or receiving permission toproceed; 4) providing operator training; and 5) promotingthe use of environmentally sound salvaging and towingpractices and techniques. Permitting for salvaging andtowing operations will be implemented throughout the

used to aid enforcement efforts. High-use and sensitiveareas will be identified.

B.7 Reduce pollution discharges (e.g., sanitarywastes, debris, and hydrocarbons) from vessels byenforcing existing regulations, assessing the need foradditional regulations, and implementing and enforc-ing new regulations (i.e., upcoming regulation restrict-ing discharge in State waters). Change the environ-mental crimes category associated with dischargesfrom felony to civil offense, thereby removing the needto prove criminal intent.

This strategy will help avoid further water quality degrada-tion by boaters and live-aboards by: 1) requiring boatersand live-aboards to use holding tanks; 2) restricting thedischarge of substances (other than fish waste andexhaust) into nearshore waters; and 3) establishing trash-collection stations. This strategy requires an assessment ofwhere pump-out and trash-collection stations are mostneeded and where they should be located (e.g., in marinasor elsewhere). The strategy includes a review of theadequacy of existing regulations that address pollutiondischarges from vessels and the need for additionalregulations. This strategy could also reduce pollution byproviding civil penalties (e.g., fines) for environmentalcrimes such as discharging fuel or pumping out a ship-board holding tank. These are currently felonies, andobtaining a conviction requires proving criminal intent,which is often difficult. Reclassifying these actions as civiloffenses would make it easier to discourage the pollution ofSanctuary waters.

B.8 Conduct a boating fee assessment study toevaluate and reallocate Sanctuary-related fees;implement appropriate impact fees.

This strategy will examine mechanisms to generate fundsfor use in Sanctuary management and related research.Boating activity levels will be assessed and existing feesrelated to resource utilization in the Sanctuary evaluated.Based on this information, appropriate impact fees will beimplemented, contingent upon the current study to estab-lish user fees for NOAA's national marine sanctuaries, forusers in proportion to their use levels. The fee could beimplemented through the purchase of a sticker or stamp tobe displayed on the boat or fishing license. A process willbe developed to properly funnel and utilize existing fees.

B.9 Establish a voluntary visitor registrationprogram to assess user activity in the Sanctuary.

This strategy will help better understand overall Sanctuaryuse patterns by determining the areas of the Sanctuaryvisited most frequently and the types of visitor activities.Visitors can fill out registration forms at all Sanctuaryoffices, Federal- and State-administered areas and visitorcenters and, at the same time, can obtain information onthe Sanctuary.

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Sanctuary. A program to train operators in environmentallysound methods of towing and salvaging will also beestablished and promoted. Prerequisites include establish-ing a memorandum of understanding (MOU) with the CoastGuard and the construction of a bond/insurance program.

B.15 Conduct an assessment of current mooringbuoy technology to determine impacts to resourcesand to evaluate which are the most environmentallysound, cost-effective, and functional for use in Sanctu-ary waters. Develop a comprehensive mooring buoyplan providing for the maintenance of buoys, theplacement of buoys as needed, and the implementa-tion of vessel size limits at mooring buoys throughoutthe Sanctuary.

This strategy decreases user conflicts, prolongs mooringbuoy life and reduces the risk of vessel groundings by: 1)assessing vessel impacts on mooring buoys and naturalresources; 2) determining the impacts of mooring buoytechnologies on resources; and 3) determining whichmooring buoy designs are the most environmentally sound,cost-effective and functional. A comprehensive mooringbuoy plan will be developed providing for the maintenanceof buoys, the placement of buoys as needed, and theimplementation of vessel size limits at mooring buoysthroughout the Sanctuary. The assessment will definevessel size limits.

B.16 Identify subdivisions and coastal areas wheredock construction should be prohibited due to inad-equate surrounding water depths and the presence ofimportant marine resources. Coordinate the Federal,State, and local permitting process for dock construc-tion.

Conduct a study to determine areas within the Sanctuarywhere dock construction should be prohibited because ofthe lack of channels providing access to navigable waters.This can be done in conjunction with strategy B.4. (Chan-nel Marking). Monroe County is currently permitting dockconstruction in areas with inadequate surrounding waterdepth. The intent of this strategy is to develop a protocolbetween the ACOE, Florida DCA, and Monroe County foronly permitting docks in areas where there are accessiblechannels of adequate depth, and where they will notadversely impact important marine resources.

B.17 Develop and implement regulations for theoperation of PWCs and other motorized vessels within200 yards of sensitive or critical areas, other boats,and people in the water. Develop and implementregulations and procedural guidelines for commercialPWC rental operations.

This strategy will reduce damage to natural resourcesresulting from the improper operation of PWCs and other

motorized vessels, and will address user-conflict issues.Special-use Areas (strategy Z.5) will be used to establish200-yard idle-only buffer zones around sensitive areas(e.g., residential shorelines, edges of flats, and areas beingused by wading or nesting birds). Riders will be required tooperate at idle speeds within 200 yards of other vessels,bridges, persons in the water, persons fishing, and withinresidential canals. Rental operations will also be requiredto establish their own zones, subject to permit require-ments, where riders can be observed at all times. Areas tobe avoided will be marked according to the channel-marking strategy (B.4).

To further protect the resources and reduce user conflicts,rental operations will be required to screen and train theiremployees on safe and environmentally sound methods ofPWC operation. Employees will be given a training manualthat they must sign certifying that they understand itscontents. In addition, all information about the Sanctuarymust be made available to clients.



Fishing

F.1 Establish a protocol for developing andrevising a consistent set of fisheries regulations, andimplement throughout the Sanctuary.

This strategy will ensure administrative and regulatorycoordination between fisheries regulatory agenciesoperating within Sanctuary waters, and will develop aprocess for combining and revising existing regulations anddeveloping new regulations. All fisheries and harvestingmethods will be included. The Florida Marine FisheriesCommission (FMFC) and Gulf of Mexico and South Atlanticfisheries management councils are currently working onprotocols for developing and revising regulations within theSanctuary, and are deciding on a lead agency to coordi-nate and facilitate regulatory functions. Identifying andassessing existing regulations are prerequisites, andshould also form the basis for identifying additionalregulatory needs. Regulations developed under thisstrategy will ensure that the goals of long-term mainte-nance of the ecosystem and optimum sustainable yieldsare met. Any fisheries regulations implemented within theSanctuary (e.g., gear and fishing method restrictions,fishing area restrictions, and size limits) will be developedthrough the established protocol.


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dance with the FMFC and the protocols established forconsistent regulations in strategy F.1.

F.6 Enhance the resolution of existing commercialand recreational 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-independentsampling programs to measure the prerecruitment ofeconomically important species within the statisticalareas.

This strategy is designed to evaluate and modify existingcommercial landing and recreational creel census pro-grams for providing statistically based managementinformation for regulating take. To increase the resolutionof the programs, statistical areas will be established toprovide information on catch and effort. The number ofareas will be based on "completeness criteria" includingscientific need. This includes an assessment and modifica-tion of information types and mandatory versus voluntaryinformation. A fishery prerecruitment monitoring effort willalso be initiated for the long-term prediction of fisherystocks for Sanctuary-level management. This effort isindependent of commercial and recreational industrymonitoring, and Florida's DEP has begun implementationfor other areas in the state. Regulations will be developedand implemented in accordance with FMFC and theprotocols established for consistent regulations in strategyF.1.

F.7 Conduct research on the impacts of artificialreefs on fish and invertebrate populations for long-term management including location, size, materials,etc. Monitor and evaluate habitat modifications causedby the installation of marine structures. Assess anddevelop regulations for artificial reef construction andevaluate habitat suitability for artificial reefs.

This strategy will: 1) determine the impacts of artificial reefson fish abundance and community composition; 2) developdesign criteria including construction materials andappropriate sites; and 3) examine existing regulations/policies that would affect the placement of artificial reefswithin the Sanctuary. Regulations can be developed basedon research and in accordance with the protocols estab-lished in strategy F.1. This strategy also will allow for theimplementation of existing regulations.

F.8 Implement regulations to prevent the releaseof exotic species into the Sanctuary.

This strategy will prevent the introduction of exotic speciesinto the natural environment of the Sanctuary to ensurethat local and ecosystem-level impacts do not occur. Themain focus of this strategy involves the control of aquacul-ture operations. In some cases, prohibitions on the cultureof certain species will be considered.

F.3 Implement a moratorium on stocking activi-ties. Assess existing research on the impacts ofstocking on the genetic integrity of native stocks.Conduct research on natural stock recovery and itsrole in maintaining genetic integrity. Conduct areevaluation of stocking options. The length of themoratorium will depend on the length and results ofthe assessment.

The research will build on native stock genetic integrityresearch conducted elsewhere to determine the effect offish stocking on the genetic integrity of native specieswithin the Sanctuary. This research will determine theextent to which changes in the genetic integrity of nativestocks have occurred, or are likely to occur, and the effectsof these changes on their abundance, distribution, and lifehistories. A moratorium and reevaluation of stockingoptions will allow for the development and implementationof regulations governing stocking activities. The length ofthe moratorium will depend on the length and results of theassessment.

F.4 Assess, develop, and promote mariculturealternatives for all commercially harvested marinespecies. Support efforts to eliminate the harvest andlanding of live rock.

This strategy will reduce fishing pressures on commerciallyharvested marine species and help satisfy the commercialdemand for these species. This is a long-term effortdesigned to identify and develop mariculture techniquesand promote the development of environmentally soundmariculture operations. This strategy also complements aprovision made by the FMFC, which began a three-yearphase out of live rock harvesting in July 1992. The Sanctu-ary will support efforts to eliminate the harvest and landingof live rock in accordance with the FMFC and the protocolsestablished for consistent regulations in strategy F.1.

F.5 Assess limited-entry fisheries options forspecific Sanctuary fisheries. Develop appropriateregulations that ensure the long-term sustainability ofSanctuary fisheries. Implement appropriate regulationson a fishery-by-fishery basis.

This strategy will involve the assessment of existing fisheryregulatory programs that limit the number of persons,vessels, or units of fishing gear utilizing specific fisherieswithin the Sanctuary, within Florida, and elsewhere. Theobjective is to determine the extent to which limited-entrymanagement regimes can be used to: 1) protect specificmarine life species; 2) increase stock abundance; 3)reduce habitat damage; and 4) reduce user conflicts withinthe Sanctuary. This strategy will require the implementationof regulations limiting entry to fisheries that: 1) involvemarine life species in need of protection; 2) have low stockabundance; 3) are associated with areas exhibiting severehabitat damage; or 4) have a high degree of user conflicts.Regulations will be developed and implemented in accor-

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F.9 Develop a program for the removal of lost orout-of-season fishing gear, and implement in all areasof the Sanctuary.

This strategy will reduce habitat, wildlife, and fish popula-tion impacts resulting from fishing gear that has been lostor abandoned including traps, fishing lines, and hooks.Gear removal will be achieved through incentives, volun-teer efforts, an extension of the trap removal grace period,and education and enforcement programs. Implementationwill occur throughout the Sanctuary.

F.10 Conduct an assessment of methods used toharvest commercial and recreational marine speciesincluding corals, fish, and invertebrates. Develop andimplement regulations to reduce the effects of currentfishing practices on nontargeted species.

This strategy will determine the impacts of harvestingmethods on species composition and abundance, and theindirect impacts on other species and the environment. Theextent of the problem will be assessed, and research willbe conducted on the impacts of existing fishing methodsand gear. Regulations will be developed and implementedbased on research results to reduce the bycatch ofincidental species and undersized targeted species. Thesemay include requirements for the use of specific net/trapdesigns and temporal/spatial restrictions (e.g., spawningareas). Regulations will focus on protecting marinespecies, increasing species composition and abundance,and reducing adverse impacts on the environment.

F.11 Conduct research on alternative fishing gearand methods that minimize impacts on habitat. Imple-ment a 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.

This strategy will facilitate research to develop geardesigns and types that minimize impacts to corals,hardbottoms, seagrasses, and other habitats. Biodegrad-able fishing line, traps and buoy lines are examples of gearthat should be researched. Modified trap designs shouldalso be considered. Fishing methods, including resourcehandling and gear placement, should also be researched todevelop methods and gear that minimize impacts toresources, while maintaining gear efficiency. The Sanctu-ary will implement an effort to encourage the voluntary useof low-impact gear types and fishing methods throughoutthe Sanctuary. Regulations will be developed requiring theuse of low-impact gear and methods in priority areas.Regulatory implementation will be in accordance withstrategy F.1.

F.12 Eliminate all finfish traps within the Sanctuary,excluding those set for bait fish.

This strategy will increase species diversity, composition,and abundance and will eliminate the harvest ofnontargeted species, reducing adverse environmentalimpacts resulting from placement and recovery activities.This strategy complements existing Florida and SouthAtlantic fisheries management council regulations.

F.14 Conduct an assessment of spearfishingpractices and impacts to develop and implementregulations in high-priority areas.

This strategy will: 1) determine the impacts of spearfishingon species composition and abundance; 2) reduceincidental habitat damage; and 3) reduce user conflicts.Regulations will be developed and implemented in high-priority areas (i.e., those areas exhibiting a low stockabundance, a high degree of habitat damage, or a highdegree of user conflicts). Restrictions may include baglimits, gear prohibitions, or the closure of selected areas(e.g., around residential areas). This strategy will alsosupport any existing spearfishing closures in Sanctuarywaters.

F.15 Develop and conduct a research program toassess the impacts of current sponge harvest methodson the resource and the habitats in which they occur.Develop and implement regulations throughout theSanctuary.

This strategy will include research and assessmentactivities to determine which methods have a low adverseimpact on both species and habitats and to identify areasthat exhibit low abundance, low recovery rates, and habitatdamage. This strategy requires the development andimplementation of species specific regulations governingsponge harvest in all habitats in which they occur through-out the Sanctuary in accordance with the FMFC and theprotocols established in strategy F.1. Regulations mayinclude bag limits, an increase in minimum size and/ordesignating areas closed to harvest. This strategy isspecific to nonornamental sponge species, which arecurrently regulated by the FMFC.

Land Use

L.1 Require marinas that have pump-out require-ments to install pump-out facilities.

This strategy will eliminate marina live-aboard vessels as asource of pollution in the Sanctuary. Although live-aboardswithin marinas may be a minor contributor to the totalpollutant load, marinas are normally located in confinedwaters that are more susceptible to the impacts of suchloading. By requiring marinas to provide pump-out facilities,two problems may be resolved: 1) boats in marinas that


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mobile units, including live-aboards not docked at marinas.It is a regulatory strategy that could be implementedthrough Monroe County's comprehensive plan and landdevelopment regulations. All RV parks (public and private)will be required to have adequate and efficient pump-outfacilities. Other pump-out facilities could be identified foruse by the transient public. Some facilities could be holdingtanks with a scheduled pick up, while others could includea type of on-site waste treatment.

L.5 Expand enforcement activities to reduceillegal waste disposal from RVs.

This strategy will reduce pollution caused by the illegaldumping of waste by RVs. Monroe County regulationscurrently prohibit the disposal of waste from RVs. Thisenforcement strategy will allow all law enforcementbranches to enforce cooperatively any illegal disposal ofwaste by RVs.

L.6 Establish a mobile pump-out service throughthe local government or a franchise with a privatecontractor which would serve to pump-out live-aboardvessels moored outside of marina facilities. Encouragethe use of existing, and the construction of additional,shore-side facilities such as dingy docks, parkingareas, showers, and laundries for use by live-aboards.

This strategy will minimize the pollution impacts of live-aboard vessels located outside marinas within the Sanctu-ary. Although such live-aboards may be only a minorcontributor to the total pollutant load, their mooring areasare normally located in confined waters that are moresusceptible to the impacts of such loading. The establish-ment of this system will provide the incentive for live-aboard vessels to have their bilges and holding tankspumped out regularly. The provision of shore-side facilitiesshould reduce the potential for pollutants associated withother live-aboard activities to enter surface waters.

L.7 Conduct an assessment to identify solid wastedisposal sites that pose threats to water quality and/orsensitive areas, based on the results of EPA's WaterQuality Plan. Intensify existing monitoring programsaround landfills to ensure that no leaching is occurringinto marine waters. If problems are discovered,evaluate and implement appropriate remedial actionssuch as boring or mining, upgrading closure, collect-ing and treating leachate, constructing slurry walls, orexcavating and hauling landfill contents.

This strategy will identify potential groundwater contamina-tion problems from existing landfills and other solid wastedisposal operations. The assessment will include thelocations of disposal areas, the types of materials presentat each site, and the movement of leachate off the site. Theassessment will also establish a program to cap, mine, orrelocate existing solid waste where the volume of leachatehas been identified as a problem. In addition, this strategy

don't currently pump-out will be provided with the means todo so; and 2) boats that moor outside of marinas can takeadvantage of the increased number of pump-out facilities.

L.2 Conduct an assessment of marina (10 slips ormore) compliance with current regulations and stan-dards, including OSHA standards for marina opera-tions. Evaluate interagency cooperation in the marinapermit review process and initiate action to eliminateconflicts in agency jurisdictions. Improve marina sitingcriteria to ensure that only appropriate deep-wateraccess will be permitted and to provide for the properhandling of noxious materials.

This strategy will reduce sources of pollution loadingassociated with marina activities. It will also reduce thepollution of nearshore waters through the implementationof OSHA regulations regarding marina operations. Aprogram will be developed to target activities that havepotential impacts on ground and nearshore waters (e.g.,bottom paint removal; the use of fiberglass, resins, andsolvents; fuel transfer; etc.). All marinas will be subject tothis program. This strategy will also improve marinaoperations, the cooperation and coordination of agenciesinvolved in the marina permitting process, and will developcriteria for selecting sites for developing new or expandingexisting marinas.

L.3 Evaluate procedures to avoid or reduce fuelspillage during refueling operations. Initiate remedialsolutions to any problems identified. Require theestablishment of paved and curbed containment areasfor boat maintenance activities such as hull scrapingand repainting, mechanical repairs, and lubrication.Require the creation of secondary containment,generally in the form of curbing or synthetic liners, forareas where significant quantities of hazardous ortoxic materials are stored.

This strategy requires an evaluation of refueling operationsthrough a detailed inventory of fueling facilities and anassessment of typical fuel handling techniques andtechnology. Based on the inventory and assessment, short-term, low-cost remedial actions should be initiated incompliance with existing State laws. In addition, little effortis now directed at containing and collecting wastesassociated with boat maintenance activities such as bottomscraping or mechanical repairs. This strategy will helpreduce pollution by establishing containment areas toprevent paint chips or dust and other wastes from enteringsurface waters. Secondary containment for hazardous ortoxic material storage areas will minimize the potential forthese substances to enter ground or surface waters.

L.4 Revise regulations to require public andprivate RV parks to provide pump-out facilities, andimplement requirements within three years.

This strategy will reduce pollution caused by the inappropri-ate disposal of wastewater from RVs, campers, and other

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will provide for the monitoring of old landfills not currentlybeing monitored.

L.8 Initiate a study to investigate the feasibility ofvarious solid waste containment/relocation options.Implement containment/relocation options whereappropriate within five years.

The strategy will involve researching methods of solidwaste disposal, other than the creation of new landfills. Thestudy would determine what regulations are necessary tomeet State and regional recycling goals, implement retailpackaging standards, and require source separation. Thestudy could also address incineration by identifying itsimpacts, the best available technology, and the need toeventually discontinue its use. Cooperative agreementswith other local governments to accept Monroe County'ssolid waste also should be explored. The South FloridaRegional Planning Commission can provide support for aregional discussion of the alternatives for the disposal ofsolid waste generated in Monroe County. Containment/relocation options will be implemented where appropriatewithin five years.

L.9 Comply with Monroe County policies on solidwaste disposal.

The fragile natural resources and limited amount of uplandsites in the Keys can be protected by expanding theenforcement of current policies and regulations for solidwaste disposal. In addition, Monroe County could adoptland development regulations that prohibit new solid wastedisposal sites and negotiate a cooperative agreement withother local governments to accept its solid waste.

L.10 Conduct an assessment and inventory ofhazardous materials handling and use in the FloridaKeys including facilities, types and quantities ofmaterials, and transport/movement. Add information tothe FDEP/EPA/Monroe County GIS database.

This strategy will involve cataloging the use of all hazard-ous materials as defined by the FDEP and the EPA. Theresulting inventory would include: 1) the types of hazardousmaterials used in Monroe and Dade counties; 2) the typesof facilities utilizing identified hazardous materials; 3) thespecific location of some users; 4) how these material aretypically transported; 5) the toxic/noxious/volatile nature ofidentified hazardous materials; and 6) how these materialsimpact water quality and resources. This assessment andinventory will be used to develop a hazardous materialsmanagement plan for normal use and emergency responseand containment. This information will be added to theFDEP/EPA/Monroe County GIS database.

L.11 Establish licensing requirements for commer-cial handlers of hazardous materials and biohazardouswaste within three years to reduce mishandling andillegal disposal.

This strategy will develop a program for the responsiblecommercial handling of hazardous materials andbiohazardous waste. Local licensing will be required as amechanism to educate commercial handlers and to ensurethat hazardous materials are utilized with standardsprescribed by the State and Federal governments toprotect human and environmental health. The program willfocus on the types of uses and activities that could lead tomarine resource degradation and/or destruction. The resultwill be a reduction in all kinds of hazardous material spillsand leaks. The illegal dumping of such materials could alsobe better assessed.

L.12 Establish a program to increase the availabil-ity of hazardous materials collection and transferstations for nonlicensed users (e.g., households, etc.)within three years.

This strategy will provide for the safe disposal of hazardousmaterials from residential and other nonlicensed sources.Since nonlicensed hazardous materials handlers are notregulated, adequate mechanisms for handling suchmaterials are limited. Hazardous materials are frequentlyflushed down toilets, sinks, etc. The creation of collectionand transfer sites will allow for the safe, simple, andefficient disposal of household materials.

L.14 Prohibit new dredge and fill permits unlesspublic interest is demonstrated and there will be littleor no environmental degradation.

This strategy will eliminate the possibility of new dredgeand fill activities within the Sanctuary unless public interestcan be demonstrated through the ACOE system and ifthere will be little or no environmental degradation. Suchactivities may lead to the direct degradation and/ordestruction of sensitive Sanctuary resources. Any areas tobe considered to satisfy public interest should focus on theexpansion of existing marinas and water-dependentfacilities. This prohibition will also apply to upland excava-tion, where the goal will be to lengthen an existing canalsystem to expand land/water use or create greater canalflushing.

L.15 Conduct an inventory and assessment ofmaintenance dredging activities throughout theSanctuary. Implement low-impact dredging methodsfor all maintenance dredging. Avoid maintenancedredging whenever possible.

This strategy is designed to record the locations, sizes andindependent and cumulative impacts of maintenancedredging within the Sanctuary. Information will be aggre-


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gated in a database and/or a GIS to allow managers toevaluate maintenance dredging impacts as related to newpermit requests. New policies and regulations will bedeveloped that will require low-impact technologies formaintenance dredging and will prohibit such dredging inareas where significant reestablishment of sensitivebenthic communities has occurred (i.e., seagrass and coralhabitats).

L.16 Initiate a study to investigate the feasibility ofwater-use reduction and re-use options and thresh-olds. Implement a plan for water-use reduction and re-use for major users within five years.

This strategy is designed to reduce the amount of waterbeing used in the Keys and to encourage better wastewa-ter treatment by developing standards and practices forwater re-use. A plan will be developed containing re-useoptions, threshold levels, water-use reduction incentives,etc.

The FDEP currently will not permit the re-use of treatedwastewater for plants with a capacity of less than 100,000gallons per day (gpd). This is a disincentive to highertreatment and water conservation, both of which reducepollution. The FDEP should develop appropriate humanhealth and environmental standards to permit re-use forsmaller users. Research and standards should focus onhow water from households can be reused in otherdomestic applications. A water-use reduction and re-useplan will be implemented for major users within five years.

L.17 Establish consistent interagency regulatoryauthority addressing all dredge and fill activities.

This strategy will establish further levels of interagencycoordination and regulatory consistency with respect to theauthorities of the FDEP, ACOE, and local government. Allagencies require permits for development activities withinthe Sanctuary, and coordination and consistency isessential. Some consolidation of such authority may behelpful through delegation, MOUs, etc.

L.18 Restrict wetland dredge and fill permitting.

This strategy will further restrict the degree of wetlanddestruction currently occurring within Sanctuary bound-aries. Monroe County has recently initiated policies toeliminate any dredge and fill activities within undisturbedwetland areas. This strategy will support this effort anddevelop consistent approaches with the agencies involved.The result will be reduced wetland destruction, protectionof the natural wetland/stormwater filtration processes, andthe protection of the habitat of numerous endangeredspecies. New dredge and fill projects in functional disturbedwetlands will be required to pass a public interest test. Thiswill reduce the loss of viable wetlands, which serve asbuffers to runoff and as habitat for numerous endangeredand protected species.

Mitigation banking will be considered for permits issued infunctional disturbed wetlands. Immediate replacement tofunctional status will be required in all mitigative efforts.Money will be received to a trust for restoration of publiclands only. Where the agency has discretion, permits willnot be renewed.

L.19 Conduct an evaluation of the Monroe CountyGrowth Plan for ecological impacts on the Sanctuary.Identify and recommend additional options to minimizeshort- and long-term impacts.

This strategy will protect the natural resources of theSanctuary by limiting growth and the associated impacts onresources. EPA's Water Quality Management Plan willbegin to establish some standards related to volumes andquantities. Monroe County has recently tied its growth rateto hurricane evacuation standards and determined a 20-year growth cap. These issues will be evaluated compre-hensively to establish a population "build-out" that willreduce residential-based impacts.

An intergovernmental acquisition program will be estab-lished to help purchase any remaining "unbuildable" lots inMonroe County. The remaining development should bedirected at high-density, disturbed subdivisions, especiallythose serviced by centralized facilities.

L.20 Conduct an assessment of existing publicaccess to shoreline areas. Develop standards andguidelines for improvements to, and construction of,public access areas. Acquire shoreline areas fordeveloping and/or regulating public access.

This strategy will provide information on problems associ-ated with existing public access areas, including habitatdamage and user conflicts. Existing public access areaswill be inventoried and nondestructive recreational usesidentified. Standards and guidelines for improvements to,and the construction of, public access areas will bedeveloped and could include: 1) improvements to support-ing infrastructure; 2) restrictions on activities that damagehabitats; 3) promotion of nondestructive recreational uses;and 4) the establishment of low-impact constructionstandards. The acquisition of shoreline areas that will helpimprove and regulate public access while protecting thehabitat will be pursued by supporting the existing landacquisition programs (such as the Conservation andRecreational Lands Program) and those implemented bythe Monroe County Land Authority and The NatureConservancy.

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R.2 Establish a routine survey of recreationalactivities and use levels within the Sanctuary througha survey of charter and recreational-for-hire vessels,intercept surveys at access points and launch sites,and periodic field surveys.

This strategy will provide data on the types, levels, users,and locations of recreational activities within the Sanctuaryto better plan for management concerns such as access tosensitive or heavily used areas, user conflicts, and adverseimpacts to resources. The survey, to be conducted by non-law-enforcement personnel, will request information onoperator and safety equipment and visitor behaviors suchas the use of gloves and buoyancy vests, etc. Data on thenumber of operators, users, and uses will help shapemanagement decisions on costs (associated with permits,regulations, and other requirements) that may be imposedon users. This survey will be compatible with the currentsurvey to establish user fees for NOAA's national marinesanctuaries.

R.5 Conduct a program to study and implementcarrying-capacity limits for recreation activities by:1) assessing the effects of recreation 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.

This strategy will reduce impacts to Sanctuary resourcesfrom recreational activities by better understanding thelevel of use that different habitats can tolerate withoutdegradation. The capacity levels for each activity identifiedby the research component of this strategy will be enforcedin high-use areas and for highly sensitive habitats (i.e.,coral, seagrass, hardbottoms) throughout the Sanctuary.The causes of coral mortality (e.g., disease, temperaturestress, bleaching, algal overgrowth, and physical damage)will be characterized, as well as physical stresses, espe-cially those affecting outer and inshore reefs.

This research will assess the impacts that recreationactivities have on Sanctuary resources and provide a basisfor the continued anticipation of problems associated withspecific activities and the development of managementactions to eliminate/reduce impacts. Impacts such aswildlife disturbance (especially of commercial and threat-ened and endangered species), changes in ecosystembalance, degradation of habitat, and other impacts associ-ated with activities such as boating, fishing, diving, etc. willbe included.

Recreation

R.1 Develop and implement a program to managesubmerged cultural resources. Conduct an inventoryof submerged cultural resources (SCRs) and assesssurvey and extraction techniques within the Sanctuary.Require permitting throughout the Sanctuary.

This strategy is designed to protect submerged culturalresources from undesired disturbances and maintain themas intact as possible for research, education, science, andrecreational activities by preparing an SCR ManagementPlan which will include the following elements:


2) Management - Develop a set of management practices,guidelines and regulations addressing the exploration,removal, research, and dispensation of artifacts. Manage-ment of SCRs would prohibit unauthorized removal.Disposition of artifacts from approved recovery operationswill be consistent with the Abandoned Shipwreck Act(ASA), 50 percent for the discoverer-recoverer, and 50percent for the government. However, where the recovererhas arranged for private conservation, long-term publicdisplay, guaranteed public access, and public interpretationof artifacts and data, the disposition of objects may beadjusted accordingly.

3) Permitting - Develop and implement a permitting systemfor the research, exploration, removal, and dispensation ofcultural artifacts, with a provision for exemptions fornondestructive exploration. Require permitting throughoutthe Sanctuary. The granting of permits will be based uponarchaeological and historical value, potential environmentalimpact, proposed archaeological methods, and proposedpublic benefit. Permit applications that provide for conser-vation in museums or similar structures of public access forresearch, education, or public viewing enjoyment will begiven priority over applications where some of the objectsare dispersed into private markets.




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maintain water quality and Sanctuary resources.Develop and implement a Sanitary Wastewater MasterPlan that evaluates options for upgrading existingsystems beyond current standards or constructingcommunity sewage treatment plants based on nutrientreduction targets, cost and cost effectiveness, reliabil-ity/compliance considerations, and environmental andsocioeconomic impacts.


Cesspits are illegal and provide no sewage treatment.OSDSs provide adequate sanitary treatment and limitednutrient reduction; however, there is no routine inspectionand enforcement program to ensure that these systems areoperating properly. Package plants provide secondarytreatment and are inspected routinely (although notfrequently). The elimination of cesspits and replacementwith approved OSDSs would reduce nutrient loading togroundwater and eliminate health hazards from untreatedsewage. Aggressive inspection/enforcement programs forOSDSs and package plants could be expected to furtherreduce nutrient loadings to groundwater.

In addition, this strategy would involve research to estimatethe level of reduction in wastewater nutrient loadingnecessary to restore and maintain water quality andSanctuary resources. Based on these nutrient reductiontargets and the results of the wastewater demonstrationprojects (strategies W.1 and W.2), a Sanitary WastewaterMaster Plan would be developed that would evaluateoptions for further treatment (e.g., construction of commu-nity wastewater plants, upgrading package plants to AWT,or the use of alternate, nutrient-removing OSDSs. TheSanitary Wastewater Master Plan would also specifydetails of costs, schedules, service areas, etc. for imple-mentation.

W.4 Upgrade effluent disposal for the City of KeyWest’s wastewater treatment plant. Evaluate deep-wellinjection, including the possibility of effluent migrationthrough the boulder zone into Sanctuary waters.Evaluate options for the re-use of effluent, includingirrigation and potable re-use. Discontinue the use ofocean outfall and implement deep-well injection,aquifer storage, and/or re-use. Implement nutrientreduction technologies for effluent prior to disposal orre-use.

This strategy will reduce direct nutrient loadings to surfacewaters from the Key West wastewater treatment plant. Useof the ocean outfall would be discontinued (except inemergencies), and effluents would be treated to reducenutrients and disposed through deep-well injection, aquiferstorage, and/or re-use.

R.7 Prohibit contact with corals in high-use,sensitive, and vulnerable areas.

This strategy will reduce the damage to hard coral commu-nities caused primarily by boat anchoring/grounding anddivers and snorkelers, by prohibiting contact with coral inhigh-use, sensitive, and vulnerable areas.

Water Quality

W.1 Conduct a demonstration project to evaluatealternate, nutrient-removing on site disposal systems(OSDS).

This strategy will provide information to help determine theappropriate role, if any, of alternate OSDSs in wastewatermanagement in the Keys. Although some alternate OSDSdesigns appear promising, it is not appropriate to proceedwith broad-scale installation of these systems until anindependent evaluation has been conducted. AlternateOSDSs designed for nutrient removal would be installedand maintained in a manner consistent with actual residen-tial use. Influent, effluent, and groundwater quality (bothbackground and "down-gradient") would be monitored atregular intervals for at least one year. In addition to nutrientremoval efficiency, the study would evaluate maintenanceand inspection requirements to keep units operatingproperly.

W.2 Conduct a demonstration project to evaluatethe installation of a small expandable AWT plant toserve an area of heavy OSDS use with associatedwater quality problems.

This strategy will provide information to help determinewhether the elimination of OSDSs would improve waterquality in areas believed to be degraded by OSDS-relatednutrients. The project would also provide information on thelong-term performance of small AWT systems and septictank effluent pumps or other collection systems. A small,expandable AWT package plant would be installed to servean area where there is high-density OSDS use in closeproximity to confined waters. Preferably, the test areawould be one where water-quality problems believed to berelated to OSDS nutrients have already been identified.Initial background groundwater and surface-water monitor-ing would be conducted, and plant influent and effluentwould be monitored for a minimum of one year after theplant is in operation. Groundwater and surface-watermonitoring would continue for three to five years. Mostfacilities constructed for the demonstration project could beincorporated into a larger system if results are favorable.

W.3 Establish authority for and implement inspec-tion/enforcement programs to eliminate all cesspitsand enforce existing standards for all OSDSs andpackage plants. Develop targets for reductions inwastewater nutrient loadings necessary to restore and

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existing rules, whereas eliminating EPA's baseline exemp-tion would require a Federal rule change.

W.8 Improve interagency coordination for indus-trial wastewater discharge permitting. Combine OSDSpermitting responsibilities in one agency for commer-cial establishments, institutions, and multifamilyresidential establishments utilizing injection wells.

This strategy will improve coordination between the EPA,FDEP, and local government agencies relative to industrialwastewater discharge permitting and tracking (HRS isincluded for special cases such as seafood processingplants). Much of the interagency coordination and trackingis currently handled through a series of MOAs and MOUs.These agreements will be reviewed, evaluated, and revisedspecifically for the Keys. This could also indirectly reducewastewater pollution by refining and simplifying the OSDSpermitting process and increasing funds for compliancemonitoring and enforcement.

W.9 Establish an interagency laboratory capableof processing monitoring and compliance samples.

This strategy could indirectly help reduce pollution bycreating an interagency laboratory facility for processingcompliance monitoring samples, thus reducing the cost ofanalysis currently conducted outside the Keys. Neither theFDEP nor the FDHRS has FDHRS-certified (or equivalent)laboratory facilities in the Keys. Because of quality controlconsiderations (holding times), it is difficult or impossible toship compliance/enforcement samples to Tallahassee foranalysis, and the use of contracted private laboratoryfacilities is expensive. This laboratory would not processtoxics or status and trends samples from the water qualitymonitoring program.

W.10 Inventory and characterize dead-end canals/basins and investigate alternative managementstrategies to improve their water quality. Implementimprovements (consistent with the strategies devel-oped for wastewater and stormwater) in known hotspots throughout the Sanctuary.

This strategy will improve water quality in nearshoreconfined areas, with emphasis on dead-end canals andbasins where reduced circulation increases the risk ofreduced dissolved oxygen, retention of both dissolved andparticulate pollutants, and potential impacts on benthic andpelagic environments. A comprehensive management planwill be developed for improving water quality in nearshoreconfined basins and canals. Improvement strategies will beimplemented in all canals and basins identified as hot spotsthroughout the Sanctuary.

Before the use of ocean outfalls is discontinued, both theenvironmental aspects of deep-well injection and theeconomics of effluent re-use must be evaluated thoroughly.Studies of deep-well injection need to investigate thepossibility of effluent migrating through the boulder zoneinto Sanctuary waters. Re-use options to be evaluatedinclude irrigation and further treatment to produce potablewater. Re-use for local irrigation may be limited due to thesmall number of application sites. Re-use for irrigation inareas outside the Keys would be considered only if it wereproposed for unincorporated Monroe County. Potable re-use, although requiring costly treatment, might be cost-effective in the long-term, considering the current cost oftreating and pumping in drinking water from Florida City.

W.5 Develop and implement water quality stan-dards, including biocriteria, appropriate to Sanctuaryresources.

This strategy will reduce the impacts of pollution onSanctuary resources by determining water quality condi-tions to ensure resource protection. The intent is toimplement water quality standards as guidance in deter-mining permitted discharge limitations. OFW standards willbe used until research indicates that new, more-stringentregulations are necessary.

W.6 Delegate administration of the NPDES pro-gram for Florida Keys dischargers to the State ofFlorida.

This strategy will streamline and eliminate unnecessaryduplication in the NPDES permitting process. Currently, allsurface-water dischargers must receive permits from boththe EPA and the FDEP. Although the two agenciescoordinate their permitting activities, it would be simpler forboth the agencies and permit applicants if the EPAdelegated NPDES permitting authority to the State, as hasbeen done in many other states.

W.7 Require all NPDES-permitted surface dis-chargers to develop resource monitoring programs.

This strategy will help to evaluate environmental impacts ofpoint-source discharges by requiring all NPDES-permittedsurface dischargers to develop resource monitoringprograms. This could be accomplished in one of two ways:1) EPA could eliminate the baseline exemption for resourcemonitoring under the Ocean Discharge Program as itapplies to the Keys. All surface dischargers except the Cityof Key West sewage treatment plant are currently ex-empted from developing resource monitoring programsbecause the end of their discharge pipe does not extendbeyond the baseline (the mean low-tide line); or 2) FDEP,through the State of Florida's permitting authority, couldrequire resource monitoring when individual NPDESpermits come up for renewal. This approach wouldprobably be easier because it can be accomplished under


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W.11 Identify and retrofit stormwater hot spotsusing "Best Management Practices," such as grassparking, swales, pollution control structures, anddetention/retention facilities. Control stormwater runoffin areas handling toxic and hazardous materials. Installswales and detention facilities along limited sectionsof US 1.

This strategy will reduce loadings of sediment, toxics, andnutrients to Sanctuary waters through engineering methodsapplied to stormwater hot spots (e.g., commercial andindustrial facilities) and limited sections of US 1.

W.12 Require that no development in the FloridaKeys be exempted from the stormwater permittingprocess.

The South Florida Water Management District, whichcurrently has the primary responsibility for stormwaterpermitting in the Keys, exempts developments of less than10 acres in size or two acres of impervious surface fromhaving to obtain a stormwater permit. Most development inthe Keys falls below this threshold. Local governments arein the process of developing stormwater managementordinances and/or stormwater management master plans.This strategy would require that local government ordi-nances and master plans cover all development, with nominimum size threshold for requiring that it go through thestormwater permitting process.

W.13 Require local governments to enact andimplement stormwater management ordinances andcomprehensive stormwater management master plans.Petition the EPA to include the Florida Keys in thestormwater NPDES program if adequate stormwatermanagement ordinances and administrative capabili-ties to manage such ordinances are not in place by acertain date.

This strategy will help reduce stormwater pollutant loadings(e.g., sediment, toxics, and nutrients) by requiring localgovernments to develop stormwater management ordi-nances and master plans. There is currently little regulationof stormwater runoff in the Keys. Many developments wereconstructed before SFWMD stormwater permitting require-ments were in place or, if constructed more recently, fellbelow the acreage thresholds for those regulations.Monroe County recently passed a stormwater ordinance,and other local governments are either developing ordi-nances and/or have stated in their comprehensive plansthat stormwater management master plans will be devel-oped. This strategy would set deadlines for local govern-ments to enact the stormwater ordinances and masterplans. As a backup in the event that these ordinances andmaster plans are not developed in a timely manner, theFDEP would petition the EPA to include the Florida Keys inthe stormwater NPDES permitting program for municipalseparate storm sewer systems.

W.14 Institute a series of "Best ManagementPractices" and a public education program to preventpollutants from entering stormwater runoff.

This strategy will reduce pollution from stormwater runoffthrough a variety of programs, including: 1) street sweep-ing; 2) ordinances aimed at controlling fertilizer applicationon public and private landscaping; 3) collection locationsand a public education program for the proper use anddisposal of fertilizers, pesticides, motor oil, and otherhazardous chemicals; and 4) strenuous litter-controlprograms.

W.15 Improve and expand oil and hazardousmaterials response programs throughout the Sanctu-ary.

This strategy will reduce the chance that an oil or hazard-ous materials spill will have a significant negative impact onSanctuary resources. This will be accomplished byimproving coordination and cooperation between theFederal, State, and local agencies responding to spills;encouraging improvements in response and containmenttechnologies appropriate to the Keys; and creating a spillcontingency plan for the Sanctuary that includes crew andequipment staged in the Keys (possibly including skim-mers). As this strategy recognizes that hazardous materialspills on land are handled independent of marine spills,improvement measures will be developed for both pro-grams.

W.16 Establish a reporting system to ensure that allspills in and near the Sanctuary are reported toSanctuary managers and managers of impacted areaswithin the Sanctuary. Establish a geo-referencedSanctuary spills database.

This strategy will ensure that Sanctuary managers areinformed of all spills (e.g., of petroleum products) in andnear the Sanctuary. Small spills, in particular, are under-reported, although they occur frequently and may have asignificant effect on the Sanctuary's water quality. Thisstrategy will establish a reporting system to ensure that allspills documented by various agencies (e.g., the USCGand FDEP) are reported to Sanctuary managers andmanagers of impacted areas within the Sanctuary. Inaddition, it would establish a geo-referenced database forthe Sanctuary that could be used to keep track of informa-tion on spills (e.g., locations, quantities, types of materialspilled, environmental impacts).

W.17 Refine the aerial spraying program to furtherreduce aerial spraying over marine areas.

This strategy will reduce the amounts of pesticides enteringSanctuary waters through the refinement of the existingaerial spraying program. Ground spraying by truck is thecurrent method of choice for controlling the adult mosquito

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population; however, aerial spraying is initiated when themosquito population reaches a certain threshold, asdetermined by mosquito landing counts at test sites.Although the Monroe County Mosquito Control Districtattempts to avoid marine areas when aerially spraying, thepotential for pesticides to reach marine waters may bereduced through program refinements. The threshold forinitiating aerial spraying would be reviewed to determinewhether it could be raised. Also, the program would bereviewed to determine whether the amount of sprayreleased over water could be reduced through the develop-ment of a more refined plan for flight lines and the use ofimproved equipment. Ground spraying of larvicides incurrently restricted areas would be reconsidered to reducethe need for aerial spraying of adult mosquito populations.The possibility of eliminating thermal fogs (which containdiesel oil) and implementing ultra-low-volume sprayingtechniques will be evaluated.

W.18 Develop and implement an independentresearch program to assess and investigate theimpacts of, and alternatives to, current pesticidepractices. Modify the Mosquito Control Program asnecessary on the basis of research findings.

This strategy will establish a research program to identifythe impacts of current spraying practices on Sanctuaryresources and will identify alternative means of mosquitocontrol. Since pesticides used in mosquito control arenonspecific to the larval stages of crustaceans, fish, andnatural mosquito-control predators, the effects of thechemicals used (and all application methods employed)need to be examined. In addition, the effect of housingpatterns, design, and landscaping as they affect thedemand for mosquito control, need to be investigated. Theresults of this research may be used to modify the Mos-quito Control Program.

W.19 The Steering Committee for the Water QualityProtection Program shall take a leading role in restor-ing the historical freshwater flow to Florida Bay. Inaddition, Sanctuary representatives should work withthe appropriate Federal, State, and local agencies toensure that restoration plans and surface watermanagement and improvement plans for South Floridaand the Everglades are compatible with efforts tomaintain water quality within the Sanctuary.

The Steering Committee for the Water Quality ProtectionProgram includes high-level representatives of all relevantagencies and can, therefore, take a leading role in watermanagement issues affecting Florida Bay, includingrestoring historical freshwater flow. Both short- and long-term solutions must be pursued at high levels of manage-ment in both State and Federal agencies.

In addition, Sanctuary representatives should participate inthe review and revision of restoration plans and watermanagement plans for Florida Bay and adjacent areas toensure that these proposals and/or actions will enhanceand complement water quality improvement effortsundertaken in the Sanctuary. These plans include, but arenot limited to, the Shark River Slough GDM, C-111 basin,Taylor Slough Restoration, West Dade Wellfield, US 1widening, National Park Service Everglades RestorationPlan, Lower East Coast Water Supply Plan, and Ever-glades Surface Water Management and ImprovementPlan.

W.20 Conduct a long-term, comprehensive waterquality monitoring program as described in the EPAWater Quality Protection Program.This strategy will provide long-term, comprehensiveinformation about the status and trends of water qualityparameters and biological resources in the Sanctuary. Itwill allow managers to identify or confirm problem areasand determine whether conditions are improving ordegrading. In addition, remedial actions taken to reducepollution would be monitored to evaluate their effective-ness. Water-column parameters to be monitored includetemperature, salinity, dissolved oxygen, pH, photosyntheti-cally active radiation, turbidity, nutrients, Chlorophyll-a, andalkaline phosphatase activity. Sediment parameters to bemonitored include grain size, mineralogy, organic content,nutrients, metals, pesticides, PCBs, petroleum hydrocar-bons, and sewage tracers. In addition to the water andsediment sampling, biological monitoring of seagrass,hardbottom, and mangrove communities would be con-ducted. Seagrass and hardbottom communities (includingcoral reefs and nearshore hardbottom areas) would bemonitored by in situ sampling and remote sensing.Changes in the areal coverage of mangrove communitieswould be monitored by remote sensing.

W.21 Develop phased hydrodynamic/water qualitymodels and coupled, landscape-level ecologicalmodels to predict and evaluate the outcome of in-placeand proposed water quality management strategies.

This strategy will develop predictive models that, used withappropriate scientific guidance, would allow resourcemanagers to predict and evaluate the outcome of variousmanagement strategies (e.g., engineering actions toreduce wastewater nutrient loadings). Initial conceptualmodels would be developed, information needs identified,environmental data gathered, and quantitative modelsdeveloped and refined over the long-term and on acontinuous basis to aid in management decisions.


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W.22 Develop a segmentation framework to identifysurface water areas sharing common hydrographicproperties affecting water quality. Determine thesusceptibility of each segment to pollutants basedupon all loadings (i.e., land- and water-based) andsegment specific hydrographic properties affectingtheir retention.

This strategy will establish a management framework thatrecognizes the extent to which both regional and localcirculation affect temperature, salinity, and the transport ofpollutants and marine life into and within segments of theSanctuary. To better understand these processes, physicalsimulation models (e.g., coastal ocean hydrodynamical,circulation, transport, mesoscale meteorological, andhydrographical and hydrological models) will be developed.

This strategy also includes documenting the locations andmagnitudes of pollution sources entering the Sanctuary tobetter understand what areas are at higher risk. Sourceswill include those that are point, nonpoint, and external tothe Sanctuary (e.g., permitted discharges, OSDSs,stormwater runoff, groundwater leachates, marinas, C-111,Biscayne Bay, Florida Bay, southwest Florida and oceanicfluxes, and gyre-induced upwelling). Pollutants are to beinclusive of nutrients, hydrocarbons, heavy metals, andpesticides. Load estimates will be based on the bestavailable information and will include engineering estimateswhere applicable.

W.23 Conduct a hydrologic/geologic assessment ofleachate transport (e.g., from injection wells, land fills,storage tanks, etc.) into nearshore waters. Determinewhether, and in what quantities, groundwater nutrientsare reaching Sanctuary waters including the FloridaReef Tract.

This strategy will better define the influences of variousgeologic formations (e.g., Miami Oolite, Key Largo Lime-stone, and Holocene sediment) on groundwater hydrologyas they affect the volume, composition, and transport ofleachates to nearshore/confined waters as a contributingfactor to ambient water quality. The research will alsoexamine the possible effects of groundwater nutrients onthe Florida Reef Tract.

W.24 Conduct research to understand the effect ofwater transport from Florida Bay on water quality andresources in the Sanctuary.

This strategy will research the influence of Florida Bay onthe Sanctuary's water quality. Research will include anhistorical assessment of Everglades/Florida Bay/FloridaKeys hydrology, as well as an estimation of present-day,long-term net transport and episodic transport from FloridaBay to the Sanctuary. This strategy will also clarify the roleof freshwater inflow and water quality from the Evergladesand other freshwater discharges to the southwest shorelineof Florida, Florida Bay, and the Sanctuary. The objective isto provide a scientific basis for efforts to reestablish salinity,

temperature, and nutrient regimes to ensure the biologicalintegrity of Florida Bay. The strategy will examine theeffects of structural modifications and changes in the timingand volume of freshwater releases from existing structures,as well as land practices affecting the water quality ofrunoff.

This strategy will also involve studies to document anyecological impacts of Florida Bay waters on Sanctuarycommunities including seagrasses, coral reefs, nearshorehardbottom communities, and potentially endangered orthreatened species. Documentation of hypothesizedimpacts could provide a stronger basis for action to restorethe historical freshwater flow to Florida Bay.

W.25 Conduct research to identify and documentcausal linkages between water quality (e.g., levels ofpollutants, nutrients, salinity, temperature, etc.) andecological problems in each major ecosystem.

This strategy will help understand the cause/effect relation-ships between pollutants and biological resources. Numer-ous problems have been identified in Sanctuary biologicalcommunities, but the causes in most cases are notunderstood well enough to: 1) determine whether anthropo-genic pollutants are having adverse ecological effects; and2) predict confidently the ecological benefits of actions toreduce pollution. Research is needed to identify andunderstand causal linkages between pollutants and specificecological problems. Studies would identify limitingnutrients, estimate nutrient thresholds, and evaluateinteractive effects of nutrients, toxics, and other waterquality parameters. Nutrient budgets will be constructed todetermine limiting nutrients for each habitat, includingseasonal effects and thresholds. The strategy will alsoestablish a framework for investigating the impacts ofcatastrophic events (such as hurricanes) on water qualityand Sanctuary resources. The effects of turbidity, thedirection and flow of nearshore currents, nutrient enrich-ment, and suspended sediment on seagrasses, benthicalgae, and coral symbionts will be examined, as will theeffects of oil spills on coral reefs. The interactive effects ofsalinity, temperature, and nutrients on seagrasses andcorals will be determined, and water-quality stresses(including changes in nutrients, suspended sediments andcirculation patterns) will be characterized. Research couldinclude experimental studies (laboratory, mesocosm, insitu), historical studies (sclerochronology, geologicalreconstruction), and geographic comparisons.

W.26 Develop diagnostic indicators of water qualityproblems (e.g., tissue C:N:P ratios, alkaline phosphateactivity, and shifts in community structure by habitat).Conduct research to identify and evaluate indicators(biochemical and ecological measures to provide earlywarning of widespread ecological problems) in eachtype of ecosystem.

This strategy will make ecological monitoring simpler, lessexpensive, and more sensitive to changes in water quality.

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It would identify and evaluate indicators (biochemical andecological measures to provide early warning of wide-spread ecological problems) in each type of ecosystem.These measures could be incorporated into the WaterQuality Monitoring Program to provide the basis forresource-oriented water quality standards for the Sanctuary(see strategy W.5).

W.27 Conduct research to identify and evaluateinnovative monitoring tools and methodologies todetect pollutants and identify cause/effect relation-ships involving water quality and biological resources.

This strategy would identify and evaluate innovativemonitoring tools and methodologies to detect pollutantsand identify cause/effect relationships involving waterquality and biological resources. New or modified monitor-ing tools and methodologies may be needed because ofthe unique biota and environmental conditions in theSanctuary.

W.28 Establish a regional database and datamanagement system for recording research resultsand biological, physical, and chemical parametersassociated with Sanctuary monitoring programs.

This strategy will develop a regional database includingbiological, physical, and chemical parameters and instru-ment records, etc.

W.29 Develop a program to disseminate scientificresearch results including an information exchangenetwork, conferences, and support for the publicationof research findings in peer-reviewed scientificjournals.

This strategy will help disseminate research findingsamong scientists and resource managers, helping tostimulate discussion and critical thinking and to avoidduplication of effort in preparing research proposals.

W.31 Examine the effects of global climate changeon the organisms and ecosystems of the Keys.

This strategy will examine the effects of stresses associ-ated with global change on the ecosystem. Examplesinclude temperature, salinity, frequency and intensity ofstorms, turbidity, sea-level change, ultraviolet and visibleradiation, etc.

W.32 Establish a technical advisory committee forcoordinating and guiding research and monitoringactivities.

This strategy will create an advisory committee to guide theprocess of setting priorities for research and monitoring.The committee shall be composed of scientists from

Federal agencies, State agencies, academic institutions,private nonprofit organizations, and knowledgeablecitizens.

W.33 Develop and implement a Sanctuary-wide,intensive ecosystem monitoring program. The objec-tive of the program will be to monitor the status ofvarious biological and ecological indicators of systemcomponents throughout the Sanctuary and adjacentareas in order to discern the local and system-wideeffects of human and natural disturbances and assessthe overall health of the Sanctuary.

This strategy will establish an extensive, long-term monitor-ing program throughout the Sanctuary and adjacent areas.The monitoring program will have three purposes: 1) tosupply resource managers with information on the status ofthe health of living resources and the ecosystem; 2) todetermine causal relationships impacting managementdecisions; and 3) to evaluate the effectiveness of manage-ment actions such as zoning. The Ecological MonitoringProgram will be fully integrated into the Water QualityMonitoring Program. The elements of the monitoringprogram will include: 1) a temporal and spatial ecologicalframework based on current knowledge from which toestablish the sampling protocol; 2) status and trendsassessments of corals, fishes, seagrasses, benthicorganisms, plankton, and mangroves; 3) a fisheriesecology monitoring and research component to examinecommunity composition and function within the habitats ofthe Sanctuary; 4) a Science Advisory Board to develop andoversee the monitoring program; 5) a sampling protocol; 6)a data analysis, management, and dissemination protocol;7) a quality assurance/quality control protocol; 8) develop-ment of an index of health for the Sanctuary; and 9) avolunteer monitoring program. The development of aspatial, ecological framework for the Sanctuary and theestablishment of a Science Advisory Board are prerequi-sites.

Zoning

Z.1 Establish Wildlife Management Areas thatrestrict access to especially sensitive wildlife popula-tions and habitats. Such areas would include birdnesting, resting, or feeding areas and turtle nestingbeaches. Restrictions could prohibit use, modify theway areas are used or accessed, and specify timeperiods when use is prohibited.

Wildlife Management Areas are designed to minimizedisturbance to wildlife populations and their habitats.Regulations governing access will be designed to protectwildlife populations and habitat, while providing opportuni-ties for public use. Regulations will include various restric-tions on access including no-access zones, no-motor-usezones, and idle-speed zones. Zones would be placed inareas considered especially sensitive wildlife habitats.Regulations could also have seasonal components, e.g.,


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nesting season closures. Special-use permits, as specifiedin strategy B.11, will allow for access and activitiesotherwise prohibited. This zoning includes measurescontained in proposed management plans for the GreatWhite Heron, Key West, and National Key Deer wildliferefuges developed by the U.S. Fish and Wildlife Serviceand the State of Florida Department of Natural Resources.The areas selected for this alternative will be more numer-ous than those established in Alternative IV.

Z.2 Replenishment Reserves are designed toencompass large, contiguous diverse habitats. Theyare intended to provide natural spawning, nursery, andpermanent residence areas for the replenishment andgenetic protection of marine life and to protect andpreserve all habitats and species. These reserves areintended to protect areas that represent the full rangeof diversity of resources and habitats found through-out the Sanctuary. The intent is to meet these objec-tives by minimizing human influences within theseareas.

Replenishment Reserves are zones that will be establishedin accordance with Section 7 (a) (2) of the Florida KeysNational Marine Sanctuary and Protection Act for thepurpose of ensuring the protection of Sanctuary resources.They are designed to protect habitats and species bylimiting consumptive activities, while continuing to allowrecreational activities that are compatible with resourceprotection. This will provide the opportunity for these areasto evolve in a natural state, with a minimum of anthropo-genic influence. These zones will protect a limited numberof areas that represent the diverse habitats within theSanctuary, and that provide important habitat for sustainingnatural resources such as fish and invertebrates. Theseareas have been selected to protect and enhancebiodiversity and provide natural spawning, nursery, orpermanent residence areas that will serve to replenishstocks of all species. The areas selected for this alternativewill be slightly larger and/or more numerous than thoseestablished in Alternative IV.


Z.3 Establish nonconsumptive Sanctuary Preser-vation Areas in a number of areas that are experienc-ing a high degree of conflict between consumptive andnonconsumptive uses, and in discrete areas that arecurrently experiencing significant population or habitatdeclines. These areas will provide for the protectionand sustenance of resources, particularly selectmarine species in high-use and biologically importantareas.


Research conducted in these areas can provide importantinformation for comparing the effects of natural processesand consumptive activities on species and habitat. Impor-tant prerequisites for conducting monitoring and researchin these areas are to continue the ongoing, large-scaleremote sensing project to locate and map the resourcesand habitats within the Sanctuary and to assess the statusof important marine species and their habitat. The actualsize and location of these zones have been determined byexamination of user patterns, aerial photography, andground-truthing of specific habitats. The areas selected willbe slightly larger and/or more numerous than thoseestablished in Alternative IV.

Z.4 Establish an Existing Management Area thatrecognizes areas that are managed by other agencieswhere restrictions already exist. Management of theseareas within the Sanctuary may require additionalregulations or restrictions to adequately protectresources. Any additional management measures willbe developed and implemented in coordination withthe agency having jurisdictional authority.

These zones delineate the existing jurisdictional authorityof other agencies (i.e., State parks, aquatic preserves,sanctuaries, and other restricted areas). Their function is torecognize established management areas and to, at aminimum, complement the existing management programs.

Z.5 Establish zones to address special-useactivities and concerns within the Sanctuary. Thesezones can be used to set aside areas for educationaland scientific purposes, restorative, monitoring, orresearch activities or to establish areas that confine orrestrict activities such as power boat racing andpersonal watercraft use in order to minimize impacts

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on sensitive habitats and to reduce user conflicts. Thiszone type will also establish live-aboard areas andmooring fields in areas where adverse environmentalimpacts will be minimal.

This strategy is designed to delineate areas of specialconcern where specific issues can be addressed throughthe use of zoning. Using these zones, areas can be setaside for specific uses to reduce user conflicts andminimize adverse environmental effects from high-impactactivities. This will be accomplished by designatingselected areas where activities can be conducted with aminimum of disturbance to other users and the environ-ment. Special-use Areas may include areas set aside forresearch, artificial reef construction, archaeological sites,etc. They will also delineate areas where high-impactactivities, such as powerboat racing and personal water-craft use will be allowed. Live-aboard areas and mooringfields will also be confined to specific areas in order toreduce adverse environmental impacts. This is the broad-est zoning classification and encompasses the greatestrange of management issues. The boundaries of theseareas will be selected to address management issues andneeds, and may include seasonal or emergency closuresof areas.

Education

E.1 Develop printed materials to promote publicawareness of the impact of their activities, both land-and water-related, on the Sanctuary's resources andenvironmental quality. Promote the proper use ofequipment used for these activities in order to mini-mize adverse impacts to natural resources. Materialswill include brochures, posters, newsletters, contribu-tions to periodicals, environmental nautical charts,color environmental atlases, and a color periodical.Distribute materials in bulk to high-interceptionlocations (e.g., marinas, boat ramps, dive shops, otherbusinesses etc.) and include bulk mailings as a meansof distribution.

Printed materials will be developed to promote publicawareness (e.g., visitors, business owners and operators,etc.) and, in particular, boaters', divers'/snorkelers',fishermen's, and homeowners' awareness of the impacts oftheir activities on Sanctuary resources and environmentalquality. Information will be printed in brochures, posters,newspapers, newsletters, and periodicals. Some brochureswill be produced in color on glossy paper stock. Nauticalcharts will also be printed with relevant environmentalinformation. A color environmental atlas for the Sanctuarywill be produced, as will a monthly color periodical.

Materials for boaters, divers, and fishermen will includespecific information on the proper use of equipment,Sanctuary regulations related to water activities, safepractices for each, Sanctuary habitats and species guidesfor users, and direct and indirect impacts of boating, diving,

fishing and other water-based activities on Sanctuaryresources. In addition, materials with information directedtoward activities on land, such as sewage and solid wastedisposal, and stormwater runoff and household activities(e.g., home improvement, yard waste disposal, etc.) thatimpact the Sanctuary will be produced.

Printed materials will be distributed in bulk to locationsaccessible to boaters, divers, and fishermen in particular.These locations will include marinas, boat ramps, diveshops, aquarium shops, and where fishing licenses aresold. Other locations more accessible to the general publicinclude schools, libraries, and Federal, State, and localagencies. A Sanctuary newsletter will be mailed out in bulk.Other materials will be mailed out with vehicle licenses andregistrations and utility bills.

E.2 Inventory and use existing videos, films, andaudio/visual environmental education materialsportraying activities in the Florida Keys and theirimpacts on Sanctuary resources. Produce a limitednumber of audios/videos to address gaps in availablematerials and to address major activities includingboating, fishing, diving, etc. Materials will be availableat Sanctuary offices and will be distributed to keylocations (e.g., dive shops, etc.) throughout SouthFlorida.

This strategy is designed to assemble all available audio/visual environmental education materials and create alibrary for use by public and private organizations, as wellas Sanctuary staff. A limited number of new audio andvisual materials will be developed to address gaps inavailable materials. A number of videos and other materialswill be produced to address major activity/issue areas (e.g.,boating impacts, fishing, diving, etc.). A slide/photo librarywill be developed and contributions of materials will besolicited from amateur and professional photographers.

A checkout system will be used to lend out these materials.The distribution scheme will include libraries at all Sanctu-ary facilities, as well as at-cost distribution to dive shopsand other high-interception locations in the Keys andthroughout South Florida.

E.3 Develop signs/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. Portabledisplays will also be produced with information onSanctuary resources, regulations, environmentalquality, etc. Most of the signs will be multilingual.Targeted multimedia displays will be developed withinformation and impacts on the Sanctuary relevant tothe activity targeted. A number of wayside exhibits willbe installed.


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A user-friendly computer system containing information onregulations, access, recreational sites, environmentaletiquette, etc. will be developed for visitor use at selectedsites throughout the Sanctuary within five years.

Permanent displays/signs with Sanctuary resourceinformation, regulations, navigation safety and environmen-tal etiquette will be developed. A portable display withsimilar information will be developed . Multimedia targeteddisplays (e.g., boating, fishing, diving, etc.) with informationon sound boating practices, nearby sensitive areas, catch-and-release fishing, handling techniques and impacts ofhook-and-line fishing on Sanctuary resources will also bedeveloped. Most of the signs produced will be multilingual.

Permanent displays/signs will be placed at all public andsome private boat ramps. Signs will also be displayed atsome public shoreline access areas. A number of displayswill be located along the roadside throughout the Keys(e.g., Key Largo, Islamorada, Marathon, Big Pine, and KeyWest).

A network of computer-driven display systems will be setup to provide information to Sanctuary visitors on re-sources, activities, and the environment. This system mustbe user-friendly (e.g., touch-screen menus) and will beavailable for sale to commercial establishments. Updateswould take place every six months. The system will be inplace in five years.

E.4 Develop opportunities for instruction andtraining. This will include programs (both on theprimary and secondary level) conducted by teachers,Sanctuary staff, and volunteers. Participation inexisting environmental education programs would alsobe established, and some programs would be ex-panded. Training programs (e.g., Coral Reef Class-room, submerged cultural resources, etc.) will also beprovided for teachers, environmental professionals,business owners and operators, and law enforcementofficials.


1) Volunteer training opportunities will involve sophisticatedtechnical education/orientation for volunteers concerningthe marine sanctuary program and specific, task-orientededucation designed to assist paid staff in accomplishinghabitat restoration, SCR research and interpretation, etc.

2) Development of specific packaged presentations on theSanctuary, its resources, goals, etiquette, and environmen-tal quality targeted at both primary and secondary educa-tion levels. The programs will include on-site trainingopportunities for studying a limited number of Sanctuaryhabitats and SCRs.

3) Sanctuary interpretive staff will coordinate activities on alimited basis with State, county, and private environmentaleducation programs targeted at specific activities (e.g.,boating, fishing, diving, business owners and operators,households, etc.). New environmental education programsfor targeted activities will be developed to fill in gaps.

4) The Florida Marine Patrol has an environmental aware-ness program that has produced significant results in thepast. This strategy would provide additional fundingallowing the Patrol to improve and increase the range of itsexisting program.

E.5 Establish a program to promote Sanctuarygoals and activities through public service announce-ments (PSAs) in South Florida, with some national andinternational public exposure, that presents an over-view of the Sanctuary, its resources and their ecologi-cal significance for routine distribution to radio, cabletelevision stations, and newspapers. Develop editorial/contributions for other printed media. Funds will bespent on routine media exposure. PSAs would focuson participants in water-related and other activitiesthat affect the Sanctuary (boaters, divers, householdetc.). These materials will also be organized into apress packet.

This strategy is designed to develop a program of publicservice announcements and other media-related materialsto educate the public about how their activities impactSanctuary resources. The PSAs will focus on boating,diving, household activities and other activities that impactthe Sanctuary. The areal extent of media exposure willextend to all of South Florida. Some PSAs will be shown tostate, national, and international markets. A number ofbroadcasts will be in languages other than English (prima-rily Spanish).

The exposure will be routine "no-cost" PSAs on radio andTV. Funds will be spent on column space and air time toincrease the frequency of broadcast. Routine editorialresponses/contributions will be developed for local papersand other printed materials. A "no-cost" program forprinting PSAs on manufacturers product packaging willalso be established. A basic press package will be pro-duced for distribution to media representatives on request.

E.6 Establish an education advisory council toadvise educators on education goals, priorities andfunding sources for the Sanctuary. A full-time staffperson will be provided.

This strategy is designed to establish an educationadvisory council to assist education staff in establishingeducation priorities, securing funds, and coordinatingeducational efforts to prevent duplication with othereducation organizations. The council will be able to rely ona full-time staff person provided by the Sanctuary Program.

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E.7 Promote educational materials, includingbilingual materials and other information about theSanctuary and its resources, at existing Sanctuaryoffices and Chambers of Commerce. Establish inter-agency visitor centers with the U.S. DOI and theFlorida DEP.

This strategy will establish visitor booths/displays toprovide educational materials on Sanctuary resources,etiquette, and environmental quality with materials printedin languages other than English (primarily Spanish).Existing Sanctuary offices will provide limited space fordistribution on a walk-in basis. In addition, interagencyvisitor centers will be established in cooperation with theU.S. DOI (FWS, NPS) and the FDEP to provide visitorsand residents with orientation information on variousprotected and managed areas. Cooperative efforts willallow agencies to pool resources and provide lowest costoptions for a special center.

The Sanctuary will also use no-cost/low-cost space inlocations where tourist-related information is alreadydistributed (e.g., Chambers of Commerce) for promotionalpurposes.

E.10 Establish a program to ensure public involve-ment throughout South Florida in Sanctuary activitiesby holding public meetings and promoting Sanctuaryawareness to extracurricular groups. A Sanctuary "hotline" will be established for the public to report infor-mation concerning the Sanctuary. A program will alsobe established to provide Sanctuary sponsorship ofcontests/awards.

This strategy will establish a program to ensure publicinvolvement by having periodic public meetings throughoutSouth Florida to which commercial and recreational usersof Sanctuary resources and the general public will beinvited. Sanctuary staff and/or guest speakers will makepresentations, and dialogue and feedback from the publicwill be encouraged.


Sanctuary-sponsored contests will be established thatinclude logo contests, photo contests, and volunteer of theyear contests. An annual award to recognize contributionsby individuals and organizations will also be part of theprogram. "Adopt-a-Reef" will be another valuable Sanctu-ary-sponsored program.

E.11 Organize, support, and/or participate inspecial events (e.g., trade shows, expositions, grandopenings, etc.) that allow for the exchange of Sanctu-ary information. The Sanctuary will cosponsor alimited number of conferences and workshops. TheSanctuary will cosponsor a number of conferencesand workshops, with selected sole sponsorship ofsome events. This would include a "Sanctuary Aware-ness Week" and a "grand opening" to the Sanctuary.The Sanctuary Program would cosponsor other"awareness" events/weeks (e.g., National FishingWeek, etc.).


The Sanctuary Program will also cosponsor conferencesand workshops dealing with Sanctuary issues and environ-mental quality. Sole sponsorship of a limited number ofevents of particular interest/benefit to the Sanctuary will beestablished. This will include "Sanctuary Awareness Week"and a "grand opening" to further promote public awarenessof Sanctuary goals. The Sanctuary Program will cosponsorother "awareness" events/weeks (e.g., National FishingWeek, etc.) with special-interest groups by providinginformation on specific activities and their impacts.

Appendix J is not available electronically. For a paper copy of Appendix J, please contact:

The Florida Keys National Marine SanctuaryP.O. Box 500368

Marathon, FL 33050(305) 743-2437

[email protected]

mailto:[email protected]

Appendix I. Historically Recorded and Documented Submerged Cultural Resources

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Historically Recorded and Documented Submerged Cultural Resources of Monroe Couhty, Forida

NAME GENERAL LOCATION YEAR LOST

9 CANNON WRECK Dry Tortugas UnknownA. HAYFORD Dry Tortugas 1905A51 UnknownA53 UnknownA54 UnknownA55 UnknownA56 UnknownABBIE CARSON Off Key West 1876ACASTA Dry Tortugas 1818ADAM W. SPIES 40 miles West of Stirrup Key 1906ADAM W. SPIES 40 miles West of Stirrup Key 1909ADELAIDE On Pickles Reef 1894ADELAIDE BAKER Coffins Patch 1889ADELAYDA Elbow Reef 1863AGAMEMNON Grecian Shoal 1858AGENORA Carysfort Reef 1836AITAHA Carysfort Reef 1844AJAX Carysfort Reef 1836ALASCO Conch Reef 1842ALBERT MEYER Florida Keys 1927ALEXANDER Keys Gulf of Florida 1752ALLIGATOR LIGHT WRECK UnknownALLIGATOR REEF WRECK UnknownALMIRANTA OR SAN FRANCISCO DE ASIS Off Long Key 1733ALUIDA Carysfort Reef 1844AMAZON Dry Rocks 1872AMELIA Three miles from Key West 1914AMERICA Dry Tortugas 1836AMERICA American Shoal 1885AMERICANO Florida Keys 1814AMOS WATCHILT Key West 1830AMULET Florida Keys 1831ANDREW JACKSON Key West 1942ANDROMACHE Florida Keys 1805ANDROMACHE Florida Keys 1823ANGELA Agamemnon Reef, Southeast of Key West 1866ANN & ELIZABETH Florida Keys 1774ANN HARLEY Loggerhead Shoal 1858ANN OF LONDON Florida Keys 1822ANNA M. STAMMER Duck Key 1906ANNA THERESA Florida Keys 1768ANNIE OF SCARBOROUGH Florida Keys 1819ANSON Key Vacas 1843APPHIA & AMELIA American Shoals 1897AQUILLO French Reef 1871ARAGO East Sambo Key 1928ARAGO Sambo Key 1928ARCADIA Dry Tortugas 1893ARIETAS Dry Tortugas 1886ARTHUR Dry Tortugas 1887ATHALIA Carysfort Reef 1844ATHALIA On Western Dry Rocks 1854ATHENAISE Southwest point of the Quicksands 1876ATHENE 1943ATLANTA Dry Tortugas 1865


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ATLANTICA Florida Straits off Marquesas and closer to Cuban Shore 1944ATLAS Gulf of Florida, Florida Keys 1816AURORA Southwest Reef of Tortugas 1879BAGDAD Key West 1921BAHAMA Carysfort Reef 1835BAJA CALIFORNIA 1942BARGE WRECK UnknownBARILLA Florida Keys 1819BAYRONTO Off Key West 1919BEATRICE Dry Tortugas 1895BELL HOOPER Southwest Reef Tortugas 1890BELLE Sugarloaf Key 1836BEN CUSHING French Reef 1862BENJAMIN HALE On Bird Key Shoals 1893BENJAMIN LITCHFIELD Near the Lightship at Sand Key 1848BENWOOD 1942BETSEY Florida Keys 1818BIG PINE KEY WRECK Big Pine Key UnknownBILLANDER BETTY Looe Key 1744BILLOW Dry Tortugas 1837BIRGINIA 3 Boca Chica 1910BLAKELY Carysford Light 1835BOSILJKA Several miles North-Northwest of Key West and North-

Northeast of Marquesas1942

BRAGANZA Near Key West 1909BRANDT Carysford Reef 1817BRAZOS Dry Tortugas 1917BRICK WRECK Dry Tortugas UnknownBRIDESMAID Tennessee Reef 1890BRIG Florida Keys 1819BRITANNIA Florida Keys 1803BRONZE CANNON WRECK American Shoal UnknownBRONZE WRECK Turtle Shoal UnknownC. W. WELLS 35 Miles South-Southwest of Dry Tortugas 1921C. WHITING Carysfort Reef 1865C.C. FOWLER Washerwoman Shoal 1859CABINET Florida Keys 1811CALDWELL H. COLT Dry Tortugas 1922CALLIOPE Florida Keys 1804CANTON Dry Tortugas 1848CAPITANA Florida Keys 1623CAPITANA EL RUBI SEGUNDO Off Key Largo, near Davis Reef 1733CARAQUENA Sandbornes or West Sambos, near Key West. 1858CARMALITA COMPOSITE Dry Tortugas 1893CAROLINE Key West 1842CAROLINE NESMITH Carysfort Reef 1865CARRIE S. ALLEN Key West 1923CATHERINE GREEN Florida Keys 1794CAV. IVANISSIVECK Quicksands 1889CAY Near Matabumbe Key 1775CERES Dry Tortugas 1824CERRO GORDO Loggerhead Reef 1860CETEWAJO Bird Key, Tortugas 1885CHARLES R. CAMPBELL Dry Tortugas 1886CHARLES THE FIFTH Carysfort Reef 1842CHAVEZ, N.S. DEL CARMEN, S. ANTONIO DE PADUA

Cayo De Matecumbe El Viejo, Upper Matecumbe Key, near Tavernier Key

1733

CIMBRUS Dry Rocks 1853CITY OF HOUSTON Approximately 12 Miles From Key West, on the Shoals

near Saddle Bunches1876

CITY OF WASHINGTON Elbow Reef 1917CLIFFORD N. CARVER Tennessee Reef 1913


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CLYDE Key West 1897COL. T SHEPPARD Key West 1843COLONY Culbins Patches during heavy gale 1853COLUMBIA At Crayfish Key, Key West 1841COMMISSARY Key West 1846CONCORD Tortugas Reef 1831CONCORIDIA At Key Vaca 1855CONSERVATIVE Long Key Reef 1844COOT 1942CORDELIS Loo Choo Key 1860COSMOPOLITE Florida Keys 1821COSSACK Florida Keys 1816COURIER Knights Key 1836CRAIG WRECK OR SAN FRANCISCO Off Long And Craig Keys 1733CURLER Southwest Key in the Marquesas 1894CURREO Carysfort Reef 1829CUTTER MORRIS Key West 1846CYNTHIANA Key West 1927DAHLIA Pickels Reef 1865DELTA SHOALS STEEL WRECK Southwest Delta Shoals UnknownDEODUEUS Molasses Reef 1876DESPATCH Carysfort Reef 1817DIRECTOR Elbow Reef 1862DOLCOUTH North Key Spit, Tortugas 1883DOLPHIN Gulf of Florida 1752DORIS Carysfort Reef 1831DOROTHY FOSTER Pickles Reef 1836DUMFRIES Dry Tortugas 1831DWIGHT Eastern Dry Rocks 1865E. G. WILLARD At Long Key 1853E. J. BULLOCK Southwest of Dry Tortugas 1938E. K. BROWN Riding Rocks 1871E.J. WATTE Little Pelican Shoals 1886EAGLE Maranzie Reef 1801EARL KING Long Reef 1891EAST KEY WRECK Dry Tortugas 1850EAST KEY WRECK 2 Dry Tortugas UnknownEBEN PREBLE Probably in the Lower Keys 1846EDITH West of Key West 1877EDNA LOUISE 30 miles from Key West 1914EDWARD S. LUCKENBACH 30 miles North of Key West 1942EDWARD T. STOTESBURY Knight's Key 1910EL AVISO CONSULADO Pacific Reef 1733EL GRAND PODER DE DIOS Y SANTA ANA Matecumbe Key 1733EL INFANTE, ALIAS NUESTRA SENORA DE BALVANEDA

Cayo De Vivoras, Little Conch Reef 1733

EL LERRI Lower Matecumbe Key 1733EL NUEVA VICTORIOSA Off Key Largo 1771ELEANOR On the Tortugas 1836ELENORA Southwest Reef, Tortugas 1885ELIZA Carysfort Reef 1818ELIZA Rodriquez Key 1853ELIZA PLUMMER Probably the Lower Keys 1832ELIZA W. DALTON Struck Bird Key but taken to Long Cay 1855ELIZABETH Near Light Ship 1847ELIZABETH BRUCE Elbow Reef 1854ELLA HAND Stirrup Key 1838EMIGRANT Alligator Reef 1856EMILIE 8 Miles South-Southwest of the Northwest Light 1877EMMA ELIZA Cudjoe Key 1909ENERGIA Molasses Reef 1877ENGLISH COUNTY Florida Keys 1782


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ENGLISH MERCHANT SHIP American Shoals UnknownENGLISH SHIP Florida Keys 1782ERICKSON Key West areaERICKSON UnknownEUROPA Florida Keys 1817EVANDALE French Reef 1875EVELINE Near Key West 1874EVENLY Florida Keys 1943EXCELSIOR Grecian Shoal, North of Carysfort Light 1879EXCELSIOR Grecian Shoals or Carysfort Light 1880EXCHANGE Off Key West on Reef 1846EXERTON Dry Tortugas 1831F.A. KILBURN American Shoal Light 1918FANNIE AND FAY Dry Tortugas 1925FANNY A. EVERETT American Shoals 1853FERNANDIA Elbow Key 1860FERNONIA Carysfort Reef 1845FISCHER,ROBINS,CLAUSE Dry Tortugas UnknownFISHING SCHOONER WRECK UnknownFLAGLER SHIPPING DOCKS Marathon End of 7 Mile Bridge 1906FLORA Florida Keys 1789FLORA Dry Tortugas 1836FLORA Dry Rocks 1848FLORENCE Tortugas 1831FLORENCE ROGERS West of Alligator Reef Light Station near Indian Key 1875FLORIDA Florida Reef 1831FLORIDA Key West 1909FLORIDA Dry Tortugas 1910FLORIDANA Cayo De Vivoras 1777FLY Florida Keys 1789FOLOMER Southwest Reef, Tortugas 1881FORREST A Reef located one days sailing out of Key West 1838FRANCES Alligator Reef 1846FRANCES & LUCY Florida Keys 1822FRANCIS Dry Rocks 1856FRANCIS ASHBY At Loggerhead Key (American Shoals) 1843FRANKLIN Florida Keys 1823FREDDIE L. PORTER Dry Tortugas 1887FREDDIE W. ALTON The Dock at Key West 1909FUERTE Florida Keys 1742FURTE Florida Keys 1742GALAXY Dry Tortugas 1831GALLO INDIANA Long Key 1733GALVESTON Duck Key 1876GANYMEDE Matecumbe Bar 1850GARDEN PIKE Sugar Loaf KeyGENERAL CLARK Florida Keys 1793GENERAL WILSON Key West 1846GEORGE III Carysfort Reef 1824GEORGE PEABODY American Shoals 1878GEROGES Molasses Reef 1876GLAMO Marquesas Reef 1905GOLCONDA 30 miles East of Key West 1869GOLOENK UnknownGRACE CLARK At Grand Key during a Norther 1852GRANITE WRECK Conch Reef UnknownGRECIAN Carysfort Reef 1836GREENVILLE PACKET Dry Tortugas 1765GUERRERO Carysfort Reef 1827GULFSTATE 1943GUNDOR 1942GUTENBERG Bird Key, Tortugas 1884


I-5


GUTENBERG Dry Tortugas 1885H. H. CONWAY 1944H. W. STAFFORD Key West 1846HAMILTON Ajax Reef 1780HANNIBAL Elbow Reef 1890HAROLDINE Off Bear's Cut 1906HARRIET AND MARTHA Dry Tortugas 1854HARRY B. RITTER Southwest Reef, Tortugas 1895HEBRUS Pickles Reef 1838HECTOR Florida Keys 1800HELEN E. BOOKER Elbow Key, or according to one source, Carysfort Reef 1857HENRIETTA MARIE New Ground Reef near the Marquesas Keys 1700HENRIETTA MARIE New Ground Reef 1796HENRY Key West 1831HENRY Marquesas 1848HENRY J. MAY Southwest Reef in Dry Tortugas 1875HENRY J. MAY Southwest end of Loggerhead Reef 1877HENRY MEANER Far out to sea West of the Dry Tortugas 1878HERBERT MAY Marquesas Reef 1922HERMIS 1942HERRERA, S.N. DE BELEM Y S. ANTONIO DE PADUA

East of Matecumbe Key 1733

HIGHLANDER Carysfort Reef 1812HILTON Carysford 1937HMS CARYSFORD Carysfort Reef 1793HMS FLY Shoreward side of Little Conch Reef 1805HMS LOOE Looe Key 1744HMS TYGER Florida Keys 1742HMS WINCHESTER Southwest of Carysfort Reef 1695HOLMES East Key, Tortugas 1859HONDURAS Key West 1870HOPE Pickles Reef 1878HOPE FOR PEACE Carysford Reef 1821HORACE Pickles Reef 1860HUDSON Little Sand Key 1848HUGH DE PAYENS Abandonded off the Tortugas, she was later seen drifting

upside down in the Florida Channel between Sal Key and Key West.

1919

HURRICANE Key West 1846HYDER ALLEY Marquesas Key Shoals 1838IDA C. SOUTHARD Approximately 20 miles bearing West off Sombrero Light 1894IMPULSE Key West 1909INDIAN HUNTER French Reef 1859IRENE Dry Tortugas 1907IRIS Florida Reef 1846IRON BALLAST WRECK Dry Tortugas UnknownIRON BALLAST WRECK Dry Tortugas UnknownISAAC ALLERTON Key West 1856ISABELLA Bahia Honda Key 1855ISABELLA On French Reef 1875ISABELLA REED Conch Reef 1850ISHURIA Mosquito Bank 1896ISLAND BELLE Key West 1926ISLAND HOME Near Sand Key Light (one source says Marquesas Key) 1882IVORY WRECK Delta Shoal UnknownJ. A. MOFFET 1942J.W. ROWLAND Pickles Reef 1860JALAPO 5 miles East of Marquesas 1876JAMES W. LAWRENCE Middle Sandbornes 1865JERUSALEM Florida Keys Reef 1815JESUS SENORA DEL ROSARIO Florida Keys 1622JOHAN CARL Florida Keys 1825JOHN HENRY SHERMAN Garden Key 1926


I-6


JOHN HENRY SHERMAN Dry Tortugas 1928JOHN HOWELL Dry Tortugas 1847JOSEPH A. DAVIS Grecian Shoals 1866JOSEPH BAKER Dry Tortugas 1881JOSEPH BAKER North Cay Flat, Tortugas 1891JOSHUA H. MARVELL Dry Tortugas 1887JUDITH Fowey Rocks 1748JUNO Carysfort Reef 1812KEY WEST Key West 1846KEY WEST Key West Harbor 1870KINGSTON Off Key Largo 1752L. W. MAXWELL Eastern Dry Rocks 1854LA MARGARITA Marquesas Key 1622LA REUNION Probably in Lower Florida Keys 1846LADY FRANKLIN French Reef 1862LAFAYETTE Key West 1846LAKE CITY Key West 1918LALIA Southwest Reef, Tortugas 1883LANCASTER Florida Keys 1752LAS MULAS Man Key 1860LAURA Carysfort Reef 1835LEO Tortugas 1831LEONE At Key West while entering Port 1872LEOPARD Florida Keys 1823LEVINIA ADAMS Looe Key 1855LEWIS H. GOWARD Key West 1921LEWIS J. STOCKER Key West 1878LILY WHITE 30 miles Northwest of Key West 1897LINEDORA Carysfort Reef 1846LITTLE CONCH REEF WRECK Tavernier Key UnknownLIVELY Florida Keys 1791LIVELY Florida Keys 1819LOGGERHEAD KEY WRECK Dry Tortugas UnknownLOGGERHEAD KEY WRECK 2 Dry Tortugas UnknownLOGGERHEAD REEF WRECK 3 Dry Tortugas UnknownLOGGERHEAD REEF WRECK 4 Dry Tortugas UnknownLOGGERHEAD REEF WRECK 5 Dry Tortugas 1850LOGGERHEAD REEF WRECK 6 Dry Tortugas UnknownLONDON Rebecca Shoal 1892LONE STAR North Dry Rocks 1891LONG KEY REEF WRECK Dry Tortugas UnknownLONG KEY REEF WRECK 2 Dry Tortugas 1850LOUIS H Sombrero Key Light 1919LOUISIANA South point of Carysfort Reef 1836LOUISOANA Off Sombrero Reef 1910LOVELY ANN Florida Keys 1792LUCY M 50 miles Northwest of Key West 1881LUISA A Loggerhead Key 1882MABEL Pulaski Shoals Flat Reef, Tortugas 1891MAGDALEN Florida Keys 1816MAGNOLIA Key West 1910MAJESTIC Carysford Reef 1835MAJESTIC Key West 1943MALCOM French Reef 1858MANAGUA 1942MANATEE Key West 1907MANCHESTER Florida Reef 1841MANDARIN Elbow Reef 1848MANZANILLO Several miles South of Key West 1942MARCIA REYNOLDS 20 miles Northwest by West of Sombrero Light 1884MARIA Dry Tortugas UnknownMARIA Ludberry Reef 1796MARIA Dry Tortugas 1806


I-7


MARIA Caryford Reef 1831MARIA Carysfort Reef 1835MARIA 1944MARIA 1949MARIA FERGUSON Dry Tortugas 1870MARIA FERGUSON Tortugas 1871MARIA LOUISA Dry Tortugas near Bird Key Harbor 1918MARIE J. THOMPSON UnknownMARIE J. THOMPSON Key West area 1935MARINER French Reef 1856MARQUIS DE POMBAL Florida Keys 1817MARS Dry Rocks 1851MARTHA GILCHRIST Dry Tortugas 1858MARTHA REGAN Marquesas Shoal 1859MARY Key Tavernier Creek 1836MARY & PRISCILLA Off Key Largo 1752MARY E. BRIGGS French Reef 1879MARY ELIZA Dry Tortugas 1911MARY HART Mosquito Shoal 1831MARY HOWLAND Delta Shoal 1839MARY LONDON Looe Key 1855MARYLAND Washerwoman Shoal 1849MATAWA Near Key West 1872MATHILDA Quicksands 1897MATTHEW VON BREE Yucatan Reef, a small reef near Alligator Reef 1852MAY Florida Keys 1752MAYFLOWER Carysfort Reef 1855MEDFORD Blown five miles from Key West toward Sand Key 1909MEGGIE Southwest Point of Loggerhead Reef 1877MELEMORA Key West 1846MEMPHIS Conch Reef 1877MENEMOM SANFORD Carysfort Reef 1862MERCHANT Carysfort Reef 1808MERRI ENGLAND French Reef 1878MERRIE ENGLAND Pickles Reef, just Southwest of the Lighthouse 1877MERRIMACK Florida Keys 1817METEOR Pickles Reef 1854MEXICO Shoals of the Tortugas 1891MEZZIE Dry Tortugas 1877MINERVA Near Light Ship, Carysfort 1847MINI Pickles Reef 1859MISS SANDRA Outside jetty of Northwest Channel Key West UnknownMISSISSIPPI Looe Key 1829MODESTE Off Key Largo 1819MOLLIE EMMA 30 Miles East of Key West 1876MONROE COUNTY At Key West 1928MOONSTONE Near Carysfort Reef 1894MORRIS Key West 1846MORTOUN Near Key Vaca 1848MOUNT PLEASANT Plantation Key 1905MOUNT VERNON Carysford Reef 1844MOUNTAIN HOME North of Key West 1875MT. HOPE Key West 1831MULHOUSE Quicksands near the Tortugas 1859MULLER Sugarloaf Reef 1869MUNGER T. BALL Far out to sea, many miles West of Cape Sable 1942MUTTER SCHULTZ American Shoal 1870N. KIMBALL Dry Rocks 1853N.M. TERRY Eastern French Reef 1864N.S. DE LAS ANGUSTIAS Y SAN RAFAEL Off the Long Key Bridge 1733NADA Inside of Tennessee Reef of Long Key 1894NAFFAW Florida Keys 1741


I-8


NANCY HAWKS Florida Reef 1926NANCY W. STEVENS Southwest Reef in Dry Tortugas 1849NANNIE C. BOHLIN Near Garden Key, Dry Tortugas 1909NANNU Key West 1828NAPOLEON Key West 1846NATCHEZ Carysfort Reef 1836NAVIGATOR Key West 1846NELLIE M. SLADE Dry Tortugas 1900NEPENTHE Tavernier Key 1932NEW ORLEANS Dry Tortugas 1850NEW YORK Dry Tortugas 1842NEWARK Carysfort Reef 1845NEY Pickels Reef 1859NICHOLAS ADOLPH Amelia Island Bar 1814NOAH' ARK Florida Keys 1795NOR WESTER Key West Harbor 1938NOR'WESTER Key West 1872NORDKYN Coffins Patch (one source says Vacas Key) 1875NORLINDO Far out to sea West of the Dry Tortugas 1942NORMAN Conch Reef 1836NORMAN H. DAVIS Key West 1942NORTH AMERICA Delta Shoal 1842NORTHAMPTON Molasses Reef 1883NORTHERN LIGHT Grand Key 1855NORTHERN LIGHT Florida Keys 1930NUESTRA SENORA DE ATOCHA Marquesas Key 1622NUESTRA SENORA DE CONCEPCION Y SAN JOSEPHE

Key Largo 1689

NUESTRA SENORA DEL POPULO Cabeza De Los Martires, in Biscayne National Park 1733NUESTRA SENORA DEL ROSARIO Matacumbe Key 1622OCONEE Stirrup Key 1845OLD RIVER Matacumbe Key 1947OLIVE & ELIZA Key West 1846OMAHA Presumed to be in Lower Florida Keys 1869ORACLE Conch ReefORION Florida Keys 1812ORION Sand Key 1839ORLEANS Carysfort Reef 1826OSMOND Dry Tortugas, Southwest Key 1898OSTEAN Navy Harbor, Key West 1858OSTERVALD Far out to sea off Florida Bay area in Gulf of Mexico 1858OTHELLO Collins Patch (likely Coffins Patch) 1832OXFORD Bearing Northeast by North of Carysfort Light on Pickles

Reef1894

PACIFIC East Key of the Tortugas 1857PACKET SHIP Sandy Key 1841PACKET SHIP Key West 1842PARGO Cape Sabal 1905PATRIARCA SAN JOSE Pickles Reef 1870PAULINE Pickles Reef 1854PEERLESS Near Boot Key, Marathon Area 1909PEGUOT Key Vacas 1842PELTON Key WestPENDLETON BROTHERS Dry Tortugas 1913PENNEKAMP WRECK UnknownPETRIE Washerwoman Shoal 1888PHILLIS Florida Keys 1752PHOENIX Key Vaca 1857PIGEON KEY WRECK Narrow Channel, Northeast side of Pigeon Key 1906PILGRIM Dry Tortugas 1843PILITA Carysfort Reef 1851PIZARRO Carysford Reef 1835



PLANTER 1921PLATINA Carysford Reef 1846POACHER South of Dry Tortugas 1840POINT-A-PETRE Carysfort Reef 1825POINTE-A-PETRE Florida Keys 1824POLO(?) 1733PRAIRIE BIRD Key West Harbor 1875PRAIRIE ROSE Marquesas Keys 1876PRINCE UMBERTO Duck Key 1888PRISCILLA L. RAY Key West 1920PROVIDENCE Florida Keys 1805PULASKI On the Tortugas (possible that Pulaski Shoal was named

after this vessel)1832

PULASKI LIGHT WRECK Dry Tortugas UnknownQUEBEC Florida Keys 1818QUEEN ANNE Florida Keys 1752QUOQUE Carysfort Reef 1920R-12 Off Key West 1943R. B. GOVE Dry Tortugas 1882R. BOWERS Southwest Reef, Dry Tortugas 1895R.E. LEE On a shoal (presumed to be in Lower Florida Keys) 1877RACE At Knights Key 1906RAILROAD SITE Nikes Channel UnknownRAINBOW Thomas Harbor Key 1855RANDOLPH GRONING N'Th Key, Dry Tortugas 1847RASK Quicksands 1886RATTLER Carysfort Reef, Key Largo, Monroe County 1805REBECCA Dry Tortugas 1843REBECCA BARTON Key West 1866REBECCA SHOAL IRON WRECKAGE Dry Tortugas UnknownREFUSE SITE Spanish Harbor Bridge 1906RESTLESS Lower Florida Keys 1872REVENGE Key West 1825RHEE GALLEY Florida Keys 1774RHODE ISLAND Florida Keys 1752RIBS BARE WRECK UnknownRINGGOLD Northwest Channel, Key West 1865RIVER SMITH Carysfort Reef 1858RIVERSIDE Quicksands, East by Northeast of Rebecca Shoal Light 1896ROBERT Key West 1918ROBERT MORRIS Pelican Shoal 1853ROBIN HOOD 1924ROSALINA Pickles Reef 1837ROSE MURPHY Sand Key Light 1927ROSE MURPHY Sand Key Light 1927ROSEMARY Key West 1930RUDOLPH GRONING Dry Tortugas 1842RUDOLPH GRONING Southwest Reef, Tortugas 1843RUGGED 50 Miles Southeast of Miami 1943RUM RUNNER WRECK Vicinity of Rodriquez Key UnknownS-16 14 Miles South Southwest of Key West 1944S. O. CO. NO. 90 Dry Tortugas 1906S.R. MALLORY Key West 1909S.S. GEORGE CROMWELL Lower Florida Keys 1872S.S. LEE Off the Tortugas 1874SADINO Pulaski Shoal on the Southwest Reef, Tortugas 1888SAMUEL H. CRAWFORD Near Pickles Reef 1877SAMUEL LAWRENCE Grecian Shoal 1860SAN ANTON Florida Keys 1521SAN ANTONIO On reef near Key West 1768SAN FELIPE 1733SAN FERNANDO Coffin Patch 1733

I-9



SAN IGNACIO Cayo De Bocas 1733SAN JOSE DE LAS ANIMAS 30 ft. of water off Tavernier Key 1733SAN JUAN Near San Vincent off North end of Key Largo 1689SAN PEDRO South of Indian Key, off Islamorada 1733SAN VINCENT FERRER 1/2 mile off North end of Key Largo 1689SANDWICH Florida Keys 1819SANTA ANNA MARIA Key Largo 1665SANTA CHRISTINA 25 miles off Key West 1919SANTA ROSA Reported due South of Key West UnknownSANTIAGO DE CUBA 1942SARAH ANN Sombrero Reef 1837SCHOONER WRECK Dry Tortugas UnknownSEA DRIFT Struck Carysfort Reef and was swept upon Key Largo 1835SEA FLOWER Southwest Tortugas 1834SEA LARK At Spanish Harbor 1865SEA RANGER Tavania, Tavernier? 1858SEBRA CROOKER Looe Key UnknownSEBULON Dry Tortugas on Southwest Reef 1887SELECT Dry Tortugas, Tortugas Shoal 1844SENORA Bird Key 1872SERAFINA Key West 1926SHANNON Dry Tortugas 1892SHELTER ISLAND Looe Key 1896SHELTER ISLAND Newfound Harbor Keys 1896SHIP American Shoals UnknownSHIP Boca Chica UnknownSHIP Boca Chica UnknownSHIP Boca Chica UnknownSHIP Delta Shoals UnknownSHIP Delta Shoals UnknownSHIP Delta Shoals UnknownSHIP Delta Shoals UnknownSHIP Florida Keys UnknownSHIP Florida Keys UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Key West UnknownSHIP Sambo Key UnknownSHIP Sambo Key UnknownSHIP Tavernier Key UnknownSHIP Tennessee Reef UnknownSHIP Key West 1866SHIP Key West 1881SHOT WRECK East Delta Shoals, Sombrero Light UnknownSIR JOHN SHERBROKE Dry Tortugas 1816SLOBODNA Molasses Reef 1887SMALL VESSEL WRECK UnknownSOLWAY Florida Keys 1818SONORA Dry Tortugas 1872SOUTH AMERICAN French Reef 1900SPANISH VESSELS Los Martires (Key Largo Area) 1549

I-10



SPARKLING WATER Northwest of Tortugas 1875SPEEDWELL Carysfort Reef off Key Largo 1796SPEEDWELL Off the Marquesas, 18 miles from Key West 1899SPINDRIFT 1944SPLENDID Florida Reef 1831SPLENDID Marquesas Key 1832ST. JAMES Conch Key 1871ST. MARK Carysford Reef 1846ST. MARY'S Sambos 1847STAR Either Conch Key or Conch Reef 1870STEEL WRECK Dry Tortugas UnknownSTERLING On Conch Reef 1854STILLMAN F. KELLEY Salt Key Bank 1909STRANGER Western Dry Rocks 1836STURTEVANT 1945SUBMERGED WRECK 1944SUECO DE ARIZON, N.S. DEL ROSARIO, S.ANTONIO ETC.

Off Duck Key 1733

SULTANA Rogers River (probably the Rogers River North of Cape Sable)

1910

SUNSHINE Near Cross Key (connecting Florida Keys with Mainland) 1949SWEETHEART Long Key 1904SWEETHEART Off Long Key 1904SWIFT Off Key Largo 1824SWIVEL GUN SITE Dry Tortugas UnknownSYLPH Sambo 1904SYLPHIDE Dry Tortugas 1850TAGLIONI Carysfort Light Ship 1848TALLAHASSEE Dry Tortugas 1836TARTAR East Key Reef, Dry Tortugas 1855TENNESSEE Long Key 1832TEVONIA Carysfort Reef 1845THENDARA Key West 1926THEODORE Florida Keys 1824THEOPHILUS Alligator Reef 1836THIROVA Turtle Reef UnknownTHOMAS CLOONEY Bay Point, in Sugarloaf Sound 1927THOMAS P. BARKLOW Florida Bay 1874THOMAS R. PILLSBURY Off the Tortugas 1878THREE SISTERS Carysfort Reef 1816TIGER Eastern Sandbornes 1860TILAMON Delta Shoals 1852TOISON Key West 1831TOLOMEO Dry Tortugas 1881TOMAS DE RESA Turtle Reef 1871TONAWANDA Elbow, Grecian Shoals 1866TRES PUENTES, N.S. DE BELEM Y S. JUAN BAUTISTA Off Snake Creek, Tavernier in the Florida Keys

1733

TRITON Key West Harbor 1909TRUE BRITON Rebecca Shoal at the Quicksands 1889TRUE BRITON Rebecca Shoals 1889U-157 Off Key West 1942UNITED STATES Quicksands 1835UNITY Carysfort Reef off Key Largo 1817UNKNOWN 13 miles South of Sand KeyUNKNOWN Boca Chica Key areaUNKNOWN Key West areaUNKNOWN Key West areaUNKNOWN UnknownUNKNOWN UnknownUNKNOWN Bahia Honda UnknownUNKNOWN Delta Shoal UnknownUNKNOWN Looe Key (Loose Key?) Unknown

I-11



UNKNOWN Marathon end of 7 Mile Bridge UnknownUNKNOWN Molasses Reef area UnknownUNKNOWN Near Elbow Reef Tower UnknownUNKNOWN Bamboo Banks, off Northwest End of Grassy Key on Gulf

SideUnknown

UNKNOWN North end of Carysfort Reef UnknownUNKNOWN Turtle Reef UnknownUNKNOWN Key Largo area 1530UNKNOWN Off Plantation Key 1533UNKNOWN Off Upper Matecumbe Key 1550UNKNOWN Off Vaca Key 1550UNKNOWN Los Cayos De Los Martires (Key Largo Area) 1551UNKNOWN Off Saddlebunch Keys 1554UNKNOWN Florida Keys 1577UNKNOWN Wrecked at head of Los Martires (Elliot Key Or Key

Largo?) 1579

UNKNOWN Caught in hurricane and many ships wrecked in Florida Keys

1589

UNKNOWN Florida Keys, Monroe County 1590UNKNOWN Alligator Reef 1595UNKNOWN Off Alligator Reef 1595UNKNOWN Florida Keys 1619UNKNOWN Florida Keys 1619UNKNOWN Keys, Monroe County 1619UNKNOWN Dry Tortugas 1621UNKNOWN Matacumbe Key 1622UNKNOWN Off Marquesas Keys 1623UNKNOWN Off Upper Matecumbe Key 1623UNKNOWN Florida Keys 1630UNKNOWN Keys of Matecumbe 1634UNKNOWN Bamboo Banks, Florida Keys, Monroe County 1644UNKNOWN Coral Reef at Dry Tortugas 1649UNKNOWN 3 miles off Crawl Key 1656UNKNOWN Key West 1677UNKNOWN Key West 1677UNKNOWN Key West 1677UNKNOWN Florida Keys 1688UNKNOWN Florida Keys 1740UNKNOWN Florida Keys 1752UNKNOWN Florida Keys 1752UNKNOWN Florida Keys 1752UNKNOWN Reefs off Key Largo 1767UNKNOWN Florida Keys 1768UNKNOWN Florida Keys 1768UNKNOWN Florida Keys 1768UNKNOWN Florida Keys 1769UNKNOWN Florida Keys 1770UNKNOWN Florida Keys 1770UNKNOWN Florida Keys 1771UNKNOWN Matacumbe Key 1775UNKNOWN Florida Keys 1781UNKNOWN Florida Keys 1785UNKNOWN Off Pidgeon Key 1788UNKNOWN Florida Reef 1790UNKNOWN Florida Reef 1790UNKNOWN Carysfort Reef 1792UNKNOWN Carysfort Reef 1792UNKNOWN Carysfort Reef 1792UNKNOWN Florida Keys 1792UNKNOWN Florida Keys 1792UNKNOWN One hour from Key Largo 1799UNKNOWN Carysfort Reef 1815

I-12



UNKNOWN Carysfort Reef 1815UNKNOWN Carysfort Reef 1815UNKNOWN Carysfort Reef 1815UNKNOWN Carysfort Reef 1817UNKNOWN Carysfort Reef 1817UNKNOWN Carysfort Reef 1818UNKNOWN Carysfort Reef 1818UNKNOWN Carysfort Reef 1818UNKNOWN Carysfort Reef 1819UNKNOWN Carysfort Reef 1819UNKNOWN Carysfort Reef 1819UNKNOWN Florida Keys 1819UNKNOWN Carysfort Reef 1821UNKNOWN Carysfort Reef 1821UNKNOWN Carysfort Reef 1822UNKNOWN Carysfort Reef 1822UNKNOWN Eastern Florida Keys 1822UNKNOWN Florida Keys 1822UNKNOWN Florida Keys 1822UNKNOWN Ledbury Reef 1822UNKNOWN Carysfort Reef 1824UNKNOWN Carysfort Reef 1824UNKNOWN Carysfort Reef 1824UNKNOWN Florida Keys 1824UNKNOWN Florida Keys 1824UNKNOWN Southwest end of Carysfort Reef 1824UNKNOWN Carysfort Reef 1829UNKNOWN Looe Key 1830UNKNOWN Dry Tortugas 1840UNKNOWN Key West 1841UNKNOWN Key West 1841UNKNOWN Key West area 1841UNKNOWN Key West 1842UNKNOWN Key West 1844UNKNOWN Key West 1844UNKNOWN Key West 1846UNKNOWN 20 miles West of Carysfort Reef 1853UNKNOWN On Carysfort Reef 1854UNKNOWN 1855UNKNOWN At Sand Key 1857UNKNOWN At Stirrup Key 1857UNKNOWN Key West 1866UNKNOWN Key West 1866UNKNOWN Key West 1870UNKNOWN Key West 1870UNKNOWN Key West 1872UNKNOWN Key West 1872UNKNOWN Key West 1875UNKNOWN Key West 1875UNKNOWN Channel near Western Dry Rocks at entrance to Key

West Harbor1876

UNKNOWN Key West 1881UNKNOWN Jetty at Northwest entrance to Key West 1896UNKNOWN Key West 1897UNKNOWN Key West 1897UNKNOWN By Northwest Passage Lighthouse 1903UNKNOWN Marathon end of 7 Mile Bridge 1906UNKNOWN Spanish Harbor Bridge 1906UNKNOWN Key West 1909UNKNOWN Key West 1909UNKNOWN Key West 1909UNKNOWN Boca Chica 1910UNKNOWN Tennessee Reef 1913

I-13



UNKNOWN 1919UNKNOWN Delta Shoal 1919UNKNOWN Florida Keys 1919UNKNOWN Key West 1921UNKNOWN South of Boca Chica 1921UNKNOWN Key West 1926UNKNOWN Key West 1928UNKNOWN South of Sambo Key 1942UNKNOWN 1948UNKNOWN Several miles West of the Tortugas 1948UNKNOWN 1949UNKNOWN WRECK UnknownUNKNOWN WRECK Craig Key UnknownUNKNOWN WRECKS Near Sand KeyUSS ALLIGATOR Southeast ofthe Light on Ocean Side of Alligator Reef 1822USS ALLIGATOR Reef in Keys named after it, Alligator Reef 1822USS EAGLE BOAT 1948USS RESTLESS Off Cape Sable 1864USS STURTEVANT Less than 12 miles from Key West 1942VACA CAY BALLAST MOUND Vacas Key UnknownVENGERN Pickles Reef 1877VIDETTE 90 miles Southeast of Sand Island Light 1887VIGILANT Key West 1828VILLANEUVA Probably in Lower Florida Keys 1846VINEYARD Off Long Key on East side of the Bank 1830VIRGINIA Boca Chica 1910VISITACION Key Largo 1550VITRIC 1944VOLUNTEER Sand Key 1905W. EMPIRE Tortugas 1855W. J. COLLE Key West 1930WALKER KEY WRECK Conch Reef UnknownWALTER D. WALLETH Off Loggerhead Light bearing East by Northeast 1895WALTHAM Matecumbe Key 1865WANDERER Florida Bay near Money Key 1909WANDERING CHIEF Elbow Reef 1894WARSAW Probably in Lower Florida Keys 1846WATT Florida Keys 1815WELLINGTON Dry Tortugas Shoals 1844WEST TURTLE SHOAL WRECK Coffins Patch area, on West Turtle Shoals UnknownWILLIAM CHESNUT Presumed to be in Lower Keys area 1859WILLIAM JARVIS Marquesas Key 1860WILLIAM M. JONES Dry Tortugas at Pulaski Shoals 1875WILLIAM M. JONES Pulaski Shoal, 10 miles West-Southwest of Loggerhead

Light, 5 miles South-Southwest of East Key, Tortugas1877

WILLIAM R. WILSON Pickles Reef 1908WILLIAM R. WILSON Pickles Reef 1912WILLIAM S. FEARWELL Miller Reef, on bank of the Tortugas. 1882WILLIAM T. DUGAN Sand Key 1857WILLIAM TELL Bird Key near the Tortugas Light 1831WRECK #12 Delta Shoals UnknownY. P. 331 1944YC 891 Off Key West 1943YC 898 & 899 Off Key West 1942YCK 8 Off Key West 1943YOLE Looe Key 1876YORK Carysfort Reef 1846YUCATAN French Reef 1847ZODIAC Elbow Cay (Reef) 1875ZOTOFF Dry Tortugas, Southwest Reef 1844

Note: Data from the State of Florida's Archaeological Site Files, Monroe County database. The database includes both historically-recorded and knownarchaeological sites. Some archaeological sites do not yet have historical names or dates assigned.

I-14

Appendix K. Proposed FKNMS Designation Document

K-1

Proposed FKNMS Designation Document

Sanctuary resources and qualities. Listing does notnecessarily mean that a type of activity will beregulated; however, if a type of activity is not listed itmay not be regulated, except on an emergency basis,unless Section 1 of Article IV is amended to includethe type of activity by the procedures outlined insection 304(a) of the MPRSA.

Article II. Description of the Area

The Florida Keys National Marine Sanctuary bound-ary encompasses approximately 2,800 square nauti-cal miles (9,500 square kilometers) of coastal andoceanic waters, and the submerged lands thereunder,surrounding the Florida Keys in Florida. The Sanctu-ary boundary extends from the northeasternmostpoint of Biscayne National Park out to the DryTortugas, a linear distance of approximately 320kilometers. The boundary on the Atlantic Ocean sideof the Florida Keys runs south from Biscayne Na-tional Park following the 300-foot isobath, whichcurves in a southwesterly direction along the FloridaKeys archipelago ending at the Dry Tortugas. Theboundary on the Gulf of Mexico side of the FloridaKeys runs in an easterly direction from the DryTortugas parralleling the Florida Keys, approxi-mately five miles to the north, and then follows theEverglades National Park boundary until DivisionPoint at which time the boundary follows the west-ern shore of Manatee Bay, Barnes Sound, and CardSound. The boundary then follows the southernboundary of Biscayne National Park and up itseastern boundary until its northeasternmost point.

The shoreward boundary of the Sanctuary is themean high-water mark. The Sanctuary boundaryencompasses all of the Florida coral reef tract, all ofthe mangrove islands of the Florida Keys, and someof the seagrass meadows of Florida Keys. The preciseboundary of the Sanctuary is set forth at the end ofthis Designation Document. This area is the same asthat area designated by Congress as a Sanctuary inP.L. 101-605.

Article III. Characteristics of the Area that Give itParticular Value

The Florida Keys extend approximately 220 milessouthwest from the southern tip of the Floridapeninsula. Adjust to the Florida Keys land mass arelocated spectular, unique, nationally significantmarine environments, including seagrass meadows,mangrove islands, and extensive living coral reefs.These marine environments support rich biologicalcommunities possessing extensive conservation,recreational, commercial, ecological, historical,

Proposed Designation Document for the FloridaKeys National Marine Sanctuary

On November 16, 1990, the Florida Keys NationalMarine Sanctuary and Protection Act, P.L. 101-605,set out as a note to 16 U.S.C. 1433, became law. TheFlorida Keys National Marine Sanctuary and Protec-tion Act designated an area of waters and submergedlands, including the living and nonliving resourceswithin those waters, as described in 16 U.S.C. 1433note, the Florida Keys National Marine Sanctuary.

While this statutory designation obviated the needfor a document to "designate" the area and character-istics of the Sanctuary, a designation document is stillneeded to identify what types of activities may besubject to the regular Federal rulemaking process inthe future, as opposed to the more extensive andcostly Sanctuary designation process. In that sense,the designation document acts like a character ifocusing future Sanctuary regulations, as well asputting limits on what regulations can be proposed,without going through the entire designation processagain.

Article I. Effect of Designation

The Sanctuary is already statutorily designated.There are no proposed modifications to the area. Theeffect of this designation document is primarilylimited to identifying the types of activities (scope ofregulations) which may be implemented throughFederal rulemaking procedures at some time in thefuture, if necessary.

Nothing in this designation document is intended torestrict activities that do not cause an adverse effectto the resources or property of the Sanctuary or thatdo not pose harm to users of the Sanctuary.

Title III of the Marine Protection, Research, andSanctuaries Act of 1972 as amended (the "Act" or"MPRSA"), 16 U.S.C. 1431 et seq. authorizes theissuance of such final regulations as are necessaryand reasonable to implement the designation,including managing and protecting the conversation,recreational, ecological, historical, research, educa-tional and esthetic resources and qualities of heFlorida Keys National Marine Sanctuary. Section 1 ofArticle IV of this Designation Doucment lists activi-ties of the type that will be regulated initially, or mayhave to be regulated subsequently, in order to protect


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research, educational, and aesthetic values whichgive this area special national significance. Theseenvironments are the marine equivalent of tropicalrain forests in that they support high levels ofbiological diversity, are fragile and easily susceptibleto damage from human activities, and possess highvalue to human beings if properly conserved. Thesemarine environments are subject to damage and lossof their ecological integrity from a variety of sourcesof disturbance.

The Florida Keys are a limestone island archipelago.The Keys are located at the southern edge of heFloridian Plateau, a large carbonate platform made ofa depth of up to 7,000 meters of marine sediments,which have been accumulating for 150 million yearsand have been structurally modified by subsidenceand sea level fluctuation. The Keys region is gener-ally divided into five distinct areas: the Florida reeftract, one of the world's largest coral reef tracts andthe only barrier reef in the United Stated; FloridaBay, described as an active lime-mud factory becauseof the high carbonate content of the silts and muds;the Southwest Continental Shelf; the Straits ofFlorida; and the Keys themselves.

The 2.4 million-acre Sanctuary contains one of NorthAmerica's most diverse assemblages of terrestrial,estuarine, and marine fauna and flora, including, inaddition to the Florida reef tract, thousands of patchreefs, one of the world's largest seagrass communi-ties covering 1.4 million acres, mangrove fringedshorelines, mangrove islands, and varioushardbottom habitats. These diverse habitats provideshelter and food for thousands of species of marineplants and animals, including over 50 species ofanimals indentified by either Federal or State law asendangered of threatened. Federal, State, local,andprivate organizations currently protect, preserve andset regulations at 121 sites throughout the Keys,covering approximately 2.0 million acres.

The Keys were at one time a major seafaring centerfor European and American trade routes in theCaribbean, and submerged cultural and historicresources (i.e., shipwrecks) abound in the surround-ing waters. In addition, the Sanctuary may containsubstantial archaeological resources of pre-Europeancultures.

The uniqueness of the marine environment drawsmultitudes of visitors to the Keys. The major industryin the Florida Keys is tourism, including activitiesrelated to the Keys' marine resources, such as diveshops, charter fishing and dive boats and marinas, as

well as hotels and resturants. The abundance of theresources also supports a large commercial fishingemployment sector.

The number of visitors to the Keys grows each year,with a concomitant increase in the number of resi-dents, homes, jobs, and businesses. As populationgrows and the Keys accomodate ever-increasingresource-use pressures, the quality and quantity ofSanctuary resources are increasingly threatened.These pressures require coordinated and comprehen-sive monitoring and research of he Florida Keys'region.

Article IV. Scope of RegulationsSection 1. Activities Subject to Regulation

The following activities are subject to regula-tion under the NMSA, either throughout the entireSanctuary of within indentified portions of theSanctuary or in areas adjacent to the Sanctuary, to theextent necessary and reasonable. Such regulationmay include prohibitions to ensure the protectionand management of the conservation, recreational,aecological, historical, research, educational oraesthetic resources and qualities of the area. Thefollowing 16 activities subject to regualtion aresimply listed here in the Designation Document.Detailed definitions and explainations of the follow-ing "activities subject to regulation" are clearlydefined in applicable and appropriate sections withinthe Sanctuary management plan:_

1. Exploring for, developing, or producing oil, gasor minerals (e.g., clay, stone, sand, gravel,metalliferous ores and nonmetalliferous ores orany other solid material or other matter ofcommercial value) in the Sanctuary;

2. Touching, climbing on, taking, removing,moving, collecting, harvesting, injuring, destroy-ing or causing the loss of, or attempting to take,remove, move, collect, harvest, injure, destroy orcause the loss of coral;

3. Drilling into, dredging or otherwise altering theseabed of the Sanctuary, except incidental toallowed fishing and boating practices or con-struction activities permitted by county, state, orfederal regulatory agencies; or constructing,placing or abandoning any structure, material orother matter on the seabed of the Sanctuary,except as authorized by appropriate permits (i.e.,artificial reefs), and allowed fishing activities;


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4. Discharging or depositing, from within or frombeyond the boundary of the Sanctuary, anymaterial that subsequently enters the Sanctuaryand injures a Sanctuary resource or quality;

5. Operation of watercraft:

a) So as to injure coral, hardbottoms,seagrass, mangroves, or any other immobleorganism attached to the seabed,

b) Carelessly in the vicinity of drivers,fishermen, and boaters,

c) so as to disturb marine mammals, marinereptiles, or bird rookeries.

6. Diving or boating activities that pose a threat toharm Sanctuary resources and other users of theSanctuary

7. Artificial stocking or release of native or exoticspecies;

8. Tampering with markers by defacing, marking,or damaging in any way or displacing, remov-ing, or tampering with signs, notices, or placards,or with any navigational aides, monuments,stakes, posts, mooring buoys, boundary buoys,trap buoys, or scientific equipment;

9. Removal, injury, preservation, curation, andmanagement of historic resources without theappropriate state and/or federal permits;

10. Taking, removing, moving, catching, collecting,harvesting, feeding, injuring, destroying, orcausing ths loss of, or attempting to take, re-move, move, catch, collect, harvest, feed, injure,destroy or cause the loss of a marine mammal,marine reptile, or bird, without the appropriatestate and/or federal permits;

11. Possessing or using explosives or releasingelectrical charges or substances poisonous ortoxic to fish and other living resources within theSanctuary boundary or adjacent tothe Sanctuaryboundary (possession of ammunition is not to beconstrued as explsoives);

12. Interfering with, obstructing, delaying orpreventing an investigation, search, seizure ordisposition of seized property in connection withenforcement of the Act or any regulation orpermit issued under the Act.

13. Implementation of a marine zoning plan thatprohibits the taking or removing Sanctuaryresources form areas within the Sanctuary that sodesignated, except as permitted i.e no harvestand research-only zones;

14. Removal and disposal of illegal lost or out-of-season gear discovered within the Sanctuaryboundary; removal of vessels grounded, lodgedstuck or otherwise perched on coral reefs,hardbottoms, or seagrasses; and removal fromany location within the Sanctuary and disposalof derelict or abandoned vessels or other vesselsfor which ownership cannot be determined or forwhich owner takes no action for removal ordisposal; and salvaging and towing of aban-doned or disabled vessels or of vessels otherwiseneeding salvaging or towing;

15. Harvest of marinelife as defined and regulatedby the State of Florida marinelife rule (cite rule#currently found at ____);

16. Development or conduct of mariculture activi-ties Sanctuary waters.

Section 2. Emergencies

Where necessary to prevent or minimize the destruc-tion of, loss of, or injury to a Sanctuary resource orquality; or minimize the imminent risk of suchdestruction, loss or injury, any activity; including anynot listed in Section 1 of this Article, is subject toimmediate temporary reuglation, including prohibi-tion, in accordance with the Administrative Proce-dure Act.

Article V. Effect on Leases, Permits, Licenses, andRights

If any valid regulation issued by any Federal, State orlocal authority of competent jurisdiction, regardlessof when issued, conflicts with a Sanctuary regulation,the regulation deemed by the Director, Office ofOcean and Costal Resource Management, NationalOceanic and Atmospheric Administration, or his orher designee to be more protective of Sanctuaryresources and qualities shall govern.

Pursuant to section 304(c) (1) of the Act, 16 U.S.C. §1434(c) (1), no valid lease, permit, license, approvalor other authorization issued by any Federal, State,or local authority of competent jursidiction, or any


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right of subsistence use or access, may be terminatedby the Secretary of Commerce, or his or her designee,as a result of this designation, or as a result of anySanctuary regulation, if such authorization or rightwas in existence on the effective date of Sanctuarydesignation (November 16, 1990). However, theSecretary of Commerce or designee may regulate theexercise (including, but not limited to, the impositionof terms and conditions) of such authorization orright consistent with the purposes for which theSanctuary is designated.

In no event may the Secretary or designee issue apermit authorizing, or otherwise approving: 1) theexploration for, development of, or production ofindustrial materials within the Sanctuary; or 2) thedisposal of dredged material within the Sanctuary(except by a certificatio, pursuant to Section 940.10, ofvalid authorizations in existence on the effective dateof Sanctuary designation). Any purported authoriza-tions issued by other authoriities after the effectivedate of Sanctuary designation for any of theseactivities within the Snactuary shall be invalid.

Article VI. Alteration of this Designation

The terms of designation, as defined under Section304(a) of the Act, may be modified only by theprocedures outlined in sectin 304(a) of the MPRSA,including public hearings, consultation with inter-ested Federal, State, and local agencies, review by theappropriate Congressional committees, and theGovernor of the State of Florida, and approval by theSecretary of Commmerce or designee.

Florida Keys National Marine Sanctuary BoundaryCoordinates (based on North American datum of1983.)

The boundary of the Florida Keys National MarineSanctuary—

(a) begins at the northeasternmost point of BiscayneNational Park located at approximately 25 degrees 39minutes north latitude, 80 degrees 5 minutes westlongitude, then runs eastward to the 300-foot isobathlocated at approximately 25 degrees 39 minutesnorth latitude, 80 degrees 4 minutes west longitude;

(b) then runs southward and connects in successionthe 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 the 300-foot isobath and connects in succession the points atthe 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

(xii) 24 degrees 55 minutes north latitude, 80degrees 56 minutes west longitude;

(d) then follows the boundary of Everglades NationalPark in a southerly then northeasterly directionthrough Florida Bay, Buttonwood Sound, TarponBasin, and Blackwater Sound;


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(e) after Division Point, then departs from theboundary of Everglades National Park and followsthe western shoreline of Manatee Bay, Barnes Sound,and Card Sound;

(f) then follows the southern boundary of BiscayneNational Park to the southeasternmost point ofBiscayne National Park; and

(g) then follows the eastern boundary of BiscayneNational Park to the beginning point specified inparagraph (a).

Appendix L is not available electronically. For a paper copy of Appendix L, please contact:


Marathon, FL 33050(305) 743-2437

[email protected]


Appendix M is not available electronically. For a paper copy of Appendix M, please contact:


Marathon, FL 33050(305) 743-2437

[email protected]


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