[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Proposed Rules]
[Pages 16399-16423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7669]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Parts 929 and 937
[Docket No. 941085-4285]
RIN 0648-AD85
Florida Keys National Marine Sanctuary Proposed Regulations
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Proposed rule; removal and revision of regulations; Summary of
Draft Management Plan; Proposed Designation Document; Public
Availability of Draft Management Plan and Draft Environmental Impact
Statement.
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SUMMARY: NOAA, as required by section 7(a) of the Florida Keys National
Marine Sanctuary and Protection Act, is proposing a comprehensive
management plan and implementing regulations to manage an approximately
2,800 square nautical mile area of coastal and ocean waters and the
submerged lands thereunder, surrounding the Florida Keys in and
adjacent to the State of Florida, designated by the Florida Keys
National Marine Sanctuary and Protection Act as the Florida Keys
National Marine Sanctuary (the ``Sanctuary''). This document publishes
the Designation Document, and summarizes the draft comprehensive
management plan, for the Sanctuary. The draft management plan details
the proposed goals and objectives, management responsibilities,
research activities, interpretive and educational programs, and
enforcement, including surveillance, activities for the Sanctuary. The
proposed regulations would implement the comprehensive management plan
and govern the conduct of activities consistent with the provisions of
the Designation Document. The intended effect of the Designation
Document, proposed regulations, and DEIS/MP is to protect the
conservation, recreational, ecological, historical, research,
[[Page 16400]] educational, and aesthetic qualities of the Florida Keys
coastal and ocean waters and the submerged lands thereunder.
DATES: Comments are invited and will be considered if submitted in
writing to the address below by December 31, 1995.
ADDRESSES: Requests for the above described documents and comments
should be submitted to the Superintendent, Florida Keys National Marine
Sanctuary, P.O. Box 500368, Marathon, Florida 33050.
FOR FURTHER INFORMATION CONTACT: Billy Causey, Sanctuary
Superintendent, 305/743-2437 or Edward Lindelof, Atlantic, Great Lakes
and Gulf Branch Chief, 301/713-3137 X 131.
SUPPLEMENTARY INFORMATION:
I. Introduction
Title III of the Marine Protection, Research, and Sanctuaries Act
of 1972, as amended, 16 U.S.C. 1431 et seq. (the ``MPRSA''), authorizes
the Secretary of Commerce to designate discrete areas of the marine
environment as national marine sanctuaries to protect their
conservation, recreational, ecological, historical, research,
educational, or aesthetic qualities.
The Florida Keys National Marine Sanctuary was designated by an act
of Congress entitled the Florida Keys National Marine Sanctuary and
Protection Act (FKNMSPA, Pub. L. 101-605) signed into law on November
16, 1990.
NOAA held six public scoping meetings during the months of April
and May, 1991, to solicit public comments on the proposed management of
the Sanctuary: Key Largo on April 10th, Miami on April 11th, Marathon
on April 15th, and Key West on April 16th, Key Largo on April 17, and
Washington, D.C. on May 6. Notice of the scoping meetings was published
in local newspapers. NOAA invited all interested persons to attend, and
asked those attending the meeting to comment on readily identifiable
issues, suggest additional issues for examination, and provide
information useful in managing the Sanctuary.
The authority of the Secretary to designate national marine
sanctuaries was delegated to the Under Secretary of Commerce for Oceans
and Atmosphere by the Department of Commerce, Organization Order 10-15,
section 3.01(z) (Jan. 11, 1988). The authority to administer the other
provisions of the Act was delegated to the Assistant Administrator for
Ocean Services and Coastal Zone Management of NOAA by NOAA Circular 83-
38, Directive 05-50 (Sept. 21, 1983, as amended).
Holders of, owners of, or future applicants for leases, permits,
licenses, approvals, other authorizations, or rights of subsistence use
of, or access to, Sanctuary resources, are specifically invited to
comment on how they may be affected by the designation of the Sanctuary
and particularly sections 929.14-929.16 of the proposed regulations.
Comments are also specifically sought on the adequacy of the
regulatory regime to protect Sanctuary resources and qualities.
After the comments received during the comment period have been
considered, a final environmental impact statement and management plan
will be prepared, and final regulations implementing the comprehensive
management plan will be published in the Federal Register. The
designation document, management plan, and regulations will become
final and take effect at the close of a 45-day Congressional review
period unless a joint resolution disapproving any of the terms of
designation is enacted, in which case only the terms not disapproved
will take effect, or the Governor of the State of Florida certifies to
the Secretary of Commerce that the designation or any of its terms is
unacceptable, in which case the designation or the unacceptable terms
will not take effect in the area of the Sanctuary lying within the
seaward boundary of the State. A document will be published in the
Federal Register announcing the effective date.
II. Summary of Draft Environmental Impact Statement/Management Plan
The DEIS/MP for the Florida Keys National Marine Sanctuary sets
forth the Sanctuary's location and provides details on the most
important resources and uses of the Sanctuary. The DEIS/MP describes
the resource protection, research, education and interpretive programs,
and details the specific activities to be conducted in each program.
The DEIS/MP includes a detailed discussion, by program area, of agency
roles and responsibilities. The proposed goals and objectives for the
Sanctuary are: (1) Enhance resource protection through comprehensive
and coordinated conservation and ecosystem management that complements
existing regulatory authorities; (2) support, promote, and coordinate
scientific research on, and monitoring of, the site-specific marine
resources to improve management decision-making in national marine
sanctuaries; (3) enhance public awareness, understanding, and the wise
use of the marine environment through public interpretive, educational,
and recreational programs, and (4) facilitate, to the extent compatible
with the primary objective of resource protection, multiple uses of the
Sanctuary.
A. Resource Protection
The highest priority management goal is to protect the marine
environment, resources, and qualities of the Sanctuary. The specific
objectives of protection efforts are to: (1) Reduce threats to
Sanctuary resources; (2) encourage participation by interested agencies
and organizations in the development of procedures to address specific
management concerns (e.g., monitoring and emergency-response programs);
(3) develop an effective and coordinated program for the enforcement of
Sanctuary regulations in addition to other regulations already in
place; (4) promote public awareness of, and voluntary compliance with,
Sanctuary regulations and objectives through an educational/
interpretive program stressing resource sensitivity and wise use; (5)
ensure that the water quality of the Florida Keys is maintained at a
level consistent with the purposes of Sanctuary designation; (6)
establish cooperative agreements and other mechanisms for coordination
among all the agencies participating in Sanctuary management; (7)
ensure that the appropriate management agencies incorporate research
results and scientific data into effective resource protection
strategies; and (8) coordinate policies and procedures among the
agencies sharing responsibility for protection and management of
resources.
B. Research Program
Effective management of the Sanctuary requires the conduct of a
Sanctuary research program. The purpose of Sanctuary research is to
improve understanding of the Florida Keys' coastal and offshore
environment, resources, and qualities, and to resolve specific
management problems. Some of these management problems involve
resources common to coastal and offshore waters, and nearby Federal,
State, and local refuges and reserves. Research results will both
support management efforts to protect Sanctuary resources and
qualities, and be incorporated into interpretative programs for
visitors and others interested in the Sanctuary.
Specific objectives for the research program are to: (1) establish
a framework and procedures for administering research to ensure that
[[Page 16401]] research projects are responsive to management concerns
and that results contribute to improved management of the Sanctuary;
(2) focus and coordinate data collection efforts on the physical,
chemical, geological, and biological oceanography of the Sanctuary; (3)
encourage studies that integrate research from the variety of coastal
habitats with nearshore and open ocean processes; (4) initiate a
monitoring program to assess environmental changes as they occur due to
natural and human processes; (5) identify the range of effects on the
environment that would result from predicted changes in human activity
or natural phenomena; (6) encourage information exchange and
cooperation among all the organizations and agencies undertaking
management-related research in the Sanctuary to promote more informed
management; and (7) incorporate research results into the interpretive/
education program in a format useful for the general public.
C. Education
The goal for the Sanctuary education program is to improve public
awareness and understanding of the significance of the Sanctuary and
the need to protect its resources and qualities.
The management objectives designed to meet this goal are to: (1)
Provide the public with information on the Sanctuary and its goals and
objectives, with an emphasis on the need to use Sanctuary resources and
qualities wisely to ensure their long-term viability; (2) broaden
support for Sanctuary management by offering programs suited to
visitors with a diverse range of interests; (3) provide for public
involvement by encouraging feedback on the effectiveness of education
programs, collaboration with Sanctuary management staff in extension
and outreach programs, and participation in other volunteer programs;
and (4) collaborate with other organizations to provide educational
services complementary to the Sanctuary program.
D. Visitor Use
The Sanctuary goal for visitor use management is to facilitate, to
the extent compatible with the primary objective of resource
protection, public and private uses of the resources of the Sanctuary
not prohibited pursuant to other authorities.
Specific management objectives are to: (1) Provide relevant
information about Sanctuary regulations, use policies, and standards;
(2) collaborate with public and private organizations in promoting
compatible uses of the Sanctuary; (3) encourage the public who use the
Sanctuary to respect sensitive Sanctuary resources and qualities; and
(4) monitor and assess the levels of use to identify and control
potential degradation of resources and qualities, and minimize
potential user conflicts.
The Sanctuary would be managed from a headquarters facility located
in the Florida Keys region.
III. Designation Document
Section 304(a)(4) of the MPRSA requires that the Terms of
Designation include the geographic area included within the Sanctuary;
the characteristics of the area that give it conservation,
recreational, ecological, historical, research, educational, or
aesthetic value; and the types of activities that will be subject to
regulation by the Secretary to protect these characteristics. Section
304(a)(4) also specifies that the terms of designation may be modified
only by the same procedures by which the original designation was made.
Thus the terms of designation serve as a constitution for the
Sanctuary.
Designation Document for the Florida Keys National Marine Sanctuary
On November 16, 1990, the Florida Keys National Marine Sanctuary
and Protection Act (FKNMSPA), Public Law 101-605, set out as a note to
16 U.S.C. 1433, was signed into law. The Florida Keys National Marine
Sanctuary and Protection Act designated an area of waters and submerged
lands, including the living and nonliving resources within those
waters, as described in section 5 of the FKNMSPA, as the Florida Keys
National Marine Sanctuary.
Article I. Effect of Designation
Title III of the Marine Protection, Research, and Sanctuaries Act
of 1972 as amended (the ``MPRSA''), 16 U.S.C. 1431 et seq., authorizes
the issuance of such regulations as are necessary and reasonable to
implement the designation, including managing and protecting the
conservation, recreational, ecological, historical, research,
educational and esthetic resources and qualities of the Florida Keys
National Marine Sanctuary. Section 1 of Article IV of this Designation
Document lists activities of the type that will be regulated initially,
or may be subject to regulated subsequent regulation in order to
protect Sanctuary resources and qualities. Such listing does not
necessarily mean that a type of activity will be regulated; however, if
a type of activity is not listed it may not be regulated, except on an
emergency basis, unless Section 1 of Article IV is amended to include
the type of activity by the procedures outlined in section 304(a) of
the MPRSA.
Article II. Description of the Area
The Florida Keys National Marine Sanctuary boundary encompasses
approximately 2,800 square nautical miles (9,500 square kilometers) of
coastal and oceanic waters, and the submerged lands thereunder,
surrounding the Florida Keys in and adjacent to the State of Florida.
The Sanctuary boundary extends from the northeasternmost point of
Biscayne National Park out to the Dry Tortugas, a linear distance of
approximately 320 kilometers. The boundary on the Atlantic Ocean side
of the Florida Keys runs south from Biscayne National Park following
approximately the 300-foot isobath, which curves in a southwesterly
direction along the Florida Keys archipelago ending at the Dry
Tortugas. The boundary on the Gulf of Mexico-side of the Florida Keys
runs in an easterly direction from the Dry Tortugas paralleling the
Florida Keys, approximately five miles to the north, and then follows
the Everglades National Park boundary until Division Point at which
time the boundary follows the western shore of Manatee Bay, Barnes
Sound, and Card Sound. The boundary then follows the southern boundary
of Biscayne National Park and up its eastern boundary until its
northeasternmost point.
The shoreward boundary of the Sanctuary is the mean high-water
mark. The Sanctuary boundary encompasses all of the Florida coral reef
tract, all of the mangrove islands of the Florida Keys, and some of the
seagrass meadows of Florida Bay. The precise boundary of the Sanctuary
is set forth at the end of this Designation Document.
Article III. Characteristics of the Area that Give it Particular Value
The Florida Keys are a limestone island archipelago extending
southwest over 320 kilometers from the southern tip of the Florida
mainland. The Keys are located at the southern edge of the Floridian
Plateau, a large carbonate platform made of a depth of up to 7,000
meters of marine sediments, which have been accumulating for 150
million years and have been structurally modified by subsidence and sea
level fluctuation. The Keys region is generally divided into five
distinct areas: the Florida reef tract, one of the world's largest
coral reef tracts and the only barrier reef in the United States;
Florida Bay, described as an active lime-mud factory because of the
high carbonate content of the silts and muds; the Southwest
[[Page 16402]] Continental Shelf; the Straits of Florida; and the Keys
themselves.
The 2.4 million-acre Sanctuary contains one of North America's most
diverse assemblages of estuarine and marine fauna and flora, including,
in addition to the Florida reef tract, thousands of patch reefs, one of
the world's largest seagrass communities covering 1.4 million acres,
mangrove-fringed shorelines, mangrove islands, and various hardbottom
habitats. These diverse habitats provide shelter and food for thousands
of species of marine plants and animals, including over 50 species of
animals identified by either Federal or State law as endangered or
threatened. Federal, State, local, and private organizations currently
protect, preserve and set regulations at 121 sites throughout the Keys,
covering approximately 2.0 million acres.
The Keys were at one time a major seafaring center for European and
American trade routes in the Caribbean, and submerged cultural and
historic resources (i.e., shipwrecks) abound in the surrounding waters.
In addition, the Sanctuary may contain substantial archaeological
resources of pre-European cultures.
The uniqueness of the marine environment draws multitudes of
visitors to the Keys. The major industry in the Florida Keys is
tourism, including activities related to the Keys' marine resources,
such as dive shops, charter fishing and dive boats and marinas, as well
as hotels and restaurants. The abundance of the resources also supports
a large commercial fishing employment sector.
The number of visitors to the Keys grows each year, with a
concomitant increase in the number of residents, homes, jobs, and
businesses. As population grows and the Keys accommodate ever-
increasing resource-use pressures, the quality and quantity of
Sanctuary resources are increasingly threatened. These pressures
require coordinated and comprehensive management, monitoring and
research of the Florida Keys' region.
Article IV. Scope of Regulations
Section 1. Activities Subject to Regulation
In order to protect the characteristics and values of the Sanctuary
described above, all activities adversely affecting the resources or
property of the Sanctuary, whether individually or cumulatively, or
that pose harm to users of the Sanctuary are subject to regulation,
including regulation of method, location and times of conducting the
activity, assessment of fees for conducting the activity, and
prohibition of the activity, either throughout the entire Sanctuary
(including both land and water areas), after public notice and an
opportunity for comment, or within identified portions of the Sanctuary
or in areas adjacent to the Sanctuary to the extent necessary and
reasonable to ensure the protection and management of the conservation,
recreational, ecological, historical, research, educational or esthetic
resources and qualities of the area. Such activities include, but are
not limited to:
a. Discharging or depositing, from within or from beyond the
boundary of the Sanctuary, any material or other matter, including
aerially-sprayed pesticides, that enters or could enter the Sanctuary;
and reporting of discharges or deposits, from within or from beyond the
boundary of the Sanctuary, any material or other matter, including
aerially-sprayed pesticides, that enters or could enter the Sanctuary;
b. Exploring for, developing, or producing oil, gas or minerals
(e.g., clay, stone, sand, gravel, metalliferous ores and
nonmetalliferous ores or any other solid material or other matter of
commercial value) in the Sanctuary;
c. Drilling into, dredging or otherwise altering the seabed of the
Sanctuary; or constructing, placing or abandoning any structure,
material or other matter on the seabed of the Sanctuary;
d. Taking, removing, moving, catching, collecting, harvesting,
feeding, injuring, destroying or causing the loss of, or attempting to
take, remove, move, catch, collect, harvest, feed, injure, destroy or
cause the loss of a marine mammal, marine reptile, seabird, historical
resource or other Sanctuary resource;
e. Touching with any part of the body, climbing on, taking,
removing, moving, catching, collecting, harvesting, injuring,
destroying or causing the loss of, or attempting to take, remove, move,
catch, collect, harvest, feed, injure, destroy or cause the loss of
living or dead coral;
f. Possessing within the Sanctuary a Sanctuary resource or any
other resource, regardless of where taken, removed, moved, caught,
collected or harvested, that, if it had been found within the
Sanctuary, would be a Sanctuary resource;
g. Operation of a vessel (i.e., watercraft of any description),
including but not limited to anchoring or otherwise mooring a vessel;
and all activities necessary for vessel operation or maintenance, such
as pump-out of sanitary wastes and refueling, in the Sanctuary or any
part thereof or in marinas or at docks within or adjacent to the
Sanctuary;
h. Removal of vessels grounded, lodged, stuck or otherwise perched
on coral reefs or other Sanctuary resources; and removal from any
location within the Sanctuary and disposal of derelict or abandoned
vessels or other vessels for which ownership cannot be determined or
for which owner takes no action for removal or disposal; and salvaging
and towing of abandoned or disabled vessels or of vessels otherwise
needing salvaging and towing;
i. Possessing or using within the Sanctuary or any part thereof,
any fishing gear, trap, device, equipment or means, whether regulated
based on method or based on quantity of fish present or quantity of
fish caught in identified fisheries; and providing information to
Federal, State, and local officials within the Sanctuary and adjacent
to the Sanctuary about the quantity and type of fish and other living
Sanctuary resources caught during any vessel travel;
j. Possessing or using explosives or air guns or releasing
electrical charges or substances poisonous or toxic to fish and other
living resources within the Sanctuary boundary or adjacent to the
Sanctuary boundary;
k. Stocking or release of native or exotic species;
l. Harvesting or otherwise taking sponges;
m. Removal and disposal of lost or out-of-season gear discovered
within the Sanctuary boundary;
n. Development or conduct in the Sanctuary of mariculture
activities;
o. Flying a motorized aircraft above the Sanctuary;
p. Construction, alteration, repair or other work on docks and
marinas;
q. Activities or situations on land that may result in water
quality degradation, including but not limited to:
1. Dredging and filling, particularly of wetlands;
2. Construction activities;
3. Use and management of hazardous chemicals, including, but not
limited to, pesticides, fertilizers, and motor oil;
4. Waste disposal and discharge on land; and
5. Water quality in basins and canals; and
r. Interfering with, obstructing, delaying or preventing an
investigation, search, seizure or disposition of seized property in
connection with enforcement of the Act or any regulation or permit
issued under the Act.
Section 2. Emergencies
Where necessary to prevent or minimize the destruction of, loss of,
or [[Page 16403]] injury to a Sanctuary resource or quality; or
minimize the imminent risk of such destruction, loss or injury, any
activity, including any not listed in section 1 of this article, is
subject to immediate temporary regulation, including prohibition.
Article V. Effect on Leases, Permits, Licenses, and Rights
If any valid law or regulation issued by any Federal, State or
local authority of competent jurisdiction, regardless of when issued,
conflicts with a Sanctuary regulation, the regulation deemed by the
Director, Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration, or his or her designee to be
more protective of Sanctuary resources 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, approval or other authorization issued by
any Federal, State, or local authority of competent jurisdiction, or
any right of subsistence use or access, may be terminated by the
Secretary of Commerce, or his or her designee, as a result of this
designation, or as a result of any Sanctuary regulation, if such
authorization or right was in existence on the effective date of
Sanctuary designation (November 16, 1990). However, the Secretary of
Commerce or designee may regulate the exercise (including, but not
limited to, the imposition of terms and conditions) of such
authorization or right consistent with the purposes for which the
Sanctuary is designated.
In no event may the Secretary or designee issue a permit
authorizing, or otherwise approving: (1) The exploration for, leasing
of, development of, or production of minerals or hydrocarbons within
the Sanctuary; or (2) the disposal of dredged material within the
Sanctuary, or the discharge of untreated or primary treated sewage
(except by a certification, pursuant to Section 940.10, of valid
authorizations in existence on the effective date of Sanctuary
designation). Any purported authorizations issued by other authorities
after the effective date of Sanctuary designation for any of these
activities within the Sanctuary shall be invalid.
Article VI. Alteration of this Designation
The terms of designation, as defined under Section 304(a) of the
MPRSA, may be modified only by the procedures outlined in such section,
including public hearings, consultation with interested Federal, State,
and local agencies, review by the appropriate Congressional committees,
and the Governor of the State of Florida, and approval by the Secretary
of Commerce or designee.
Florida Keys National Marine Sanctuary Boundary Coordinates (based on
North American datum of 1983.)
The boundary of the Florida Keys National Marine Sanctuary
(a) Begins at the northeasternmost point of Biscayne National Park
located at approximately 25 degrees 39 minutes north latitude, 80
degrees 5 minutes west longitude, then runs eastward to the 300-foot
isobath located at approximately 25 degrees 39 minutes north latitude,
80 degrees 4 minutes west longitude;
(b) Then runs southward and connects in succession the points at
the following coordinates:
(i) 25 degrees 34 minutes north latitude, 80 degrees 4 minutes west
longitude,
(ii) 25 degrees 28 minutes north latitude, 80 degrees 5 minutes
west longitude, and
(iii) 25 degrees 21 minutes north latitude, 80 degrees 7 minutes
west longitude;
(iv) 25 degrees 16 minutes north latitude, 80 degrees 8 minutes
west longitude;
(c) Then runs southwesterly approximating the 300-foot isobath and
connects in succession the points at the following coordinates:
(i) 25 degrees 7 minutes north latitude, 80 degrees 13 minutes west
longitude,
(ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes
west longitude,
(iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes
west longitude,
(iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes
west longitude,
(v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes
west longitude,
(vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes
west longitude,
(vii) 24 degrees 37 minutes north latitude, 83 degrees 6 minutes
west longitude,
(viii) 24 degrees 40 minutes north latitude, 83 degrees 6 minutes
west longitude,
(ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes
west longitude,
(x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes
west longitude,
(xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes
west longitude, and
(xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes
west longitude;
(d) Then follows the boundary of Everglades National Park in a
southerly then northeasterly direction through Florida Bay, Buttonwood
Sound, Tarpon Basin, and Blackwater Sound;
(e) After Division Point, then departs from the boundary of
Everglades National Park and follows the western shoreline of Manatee
Bay, Barnes Sound, and Card Sound;
(f) Then follows the southern boundary of Biscayne National Park to
the southeasternmost point of Biscayne National Park; and
(g) Then follows the eastern boundary of Biscayne National Park to
the beginning point specified in paragraph (a).
IV. Summary of Proposed Regulations
Two sets of existing regulations will be eliminated and replaced by
the proposed rule. Specifically, parts 929 and 937 to title 15, Code of
Federal Regulations, implementing the Key Largo and Looe Key
sanctuaries, respectively, will be removed and replaced by the proposed
revision to part 929. Pursuant to section 5 of the Florida Keys
National Marine Sanctuary and Protection Act, the existing Key Largo
and Looe Key National Marine Sanctuaries will be incorporated into the
Florida Keys National Marine Sanctuary.
The proposed regulations set forth the boundary of the Sanctuary;
prohibit a range of activities generally and within specific Sanctuary
zones; establish procedures for applying for National Marine Sanctuary
permits to conduct otherwise prohibited activities, establish
procedures for applying for Special Use permits; establish
certification procedures for existing leases, licenses, permits,
approvals, other authorizations, or rights authorizing the conduct of a
prohibited activity; establish notification procedures for applications
for leases, licenses, permits, approvals, or other authorizations to
conduct a prohibited activity; set forth the maximum per-day penalties
for violating Sanctuary regulations; and establish procedures for
administrative appeals.
Section 929.1 sets forth as the purpose of the regulations to
implement the designation and comprehensive management plan for the
Florida Keys National Marine Sanctuary by regulating activities
affecting the Sanctuary in order to protect, preserve and manage the
conservation, ecological, recreational, research, educational,
[[Page 16404]] historical and aesthetic resources and qualities of the
area.
Section 929.2 and appendix I following Sec. 929.16 describe the
boundary of the Sanctuary as established by Section 5 of the Florida
Keys National Marine Sanctuary and Protection Act.
Section 929.3 defines various terms used in the regulations. Other
terms appearing in the regulations are defined at 15 CFR 922.2 and/or
in the NMSA.
Section 929.4 allows all activities except those prohibited by
Sec. 929.5 or by Sec. 929.6 to be conducted subject to all applicable
access and use restrictions imposed within Sanctuary zones pursuant to
Sec. 929.6, subject to all prohibitions, restrictions and conditions
validly imposed by any other Federal, State, or local authority of
competent jurisdiction, subject to any emergency regulations
promulgated pursuant to Sec. 929.7, and subject to the liability
established by Section 312 of the NMSA. This section is intended to
assure that activities other than those prohibited or otherwise
restricted or conditioned pursuant to this part, or pursuant to any
other Federal, State, or local authority of competent jurisdiction, are
allowed within the Sanctuary. Accordingly, such provision for allowed
activities is not intended to preempt other, more protective,
regulatory provisions imposed by any other Federal, State or local
authority of competent jurisdiction.
Section 929.5 prohibits a variety of activities and thus makes it
unlawful for any person to conduct them or cause them to be conducted.
However, any of the prohibited activities except for: (1) The
exploration for, leasing, development or production of minerals or
hydrocarbons within the Sanctuary, or (2) the disposal of dredged
material or primary (or untreated) sewage within the Sanctuary (except
by a certification, pursuant to Sec. 929.14, of valid authorizations in
existence on the effective date of Sanctuary designation) could be
conducted lawfully if one of the following three (3) situations
applies:
(1) The activity is necessary to respond to an emergency
threatening life or the environment.
(2) The activity is specifically authorized by, and conducted in
accordance with the scope, purpose, terms and conditions of: a National
Marine Sanctuary permit issued under Sec. 929.10; or a National Marine
Sanctuary Historical Resources permit issued under Sec. 929.11.
(3) The activity is specifically authorized by a valid lease,
permit, license, approval or other authorization issued by any Federal,
State or local authority of competent jurisdiction in existence on (or
conducted pursuant to any valid right of subsistent use or access in
existence on) the effective date of the Sanctuary designation, provided
that the Director of the Office of Ocean and Coastal Resource
Management (hereinafter the Director) was notified of the existence of
such authorization or right and the holder requests certification by
the Director or designee pursuant to Sec. 929.14, the holder complies
with the requirements of Sec. 929.14, and the holder complies with any
terms and conditions on the exercise of such authorization the Director
or designee imposes as a condition of certification to achieve the
purposes for which the Sanctuary was designated.
(4) The activity is specifically authorized by a valid lease,
permit, license or approval or other authorization issued after the
effective date of the Sanctuary designation by any Federal, State or
local authority of competent jurisdiction, provided that the Director
or designee was notified of the application in accordance with the
requirements of Sec. 929.15, the applicant complies with the
requirements of Sec. 919.15, the Director or designee notifies the
applicant or authorizing agency that he or she does not object to
issuance of the authorization, and the applicant complies with any
terms and conditions the Director or designee deems reasonably
necessary to protect Sanctuary resources and qualities.
The first activity prohibited is exploring for, developing, or
producing minerals or hydrocarbons within the Sanctuary. This
prohibition is based on best available scientific information which
establishes that the Sanctuary's significant natural resources and
qualities are especially sensitive to potential impacts from outer
continental shelf minerals or hydrocarbon activities and should be
protected. Specifically, the corals, seagrasses, and mangroves of the
Florida Keys and the Sanctuary's high water quality are especially
vulnerable to oil and gas activities in the area. A prohibition on oil
and gas activities within the Sanctuary boundary would help protect the
Sanctuary's resources and qualities. A prohibition on mineral
activities within the Sanctuary is necessary to protect Sanctuary
resources and qualities, consistent with the prohibition on drilling
into, dredging or otherwise altering the seabed discussed below.
The second activity prohibited is the removal of, injury to, or
possession of coral or live rock. The intent of this prohibition is to
conserve the coral reefs, to protect the biodiversity of the Sanctuary,
to protect the habitats of commercially and ecologically important
species, and to preserve the natural functional aspects of the
ecosystem.
The third activity prohibited is the alteration of, or construction
on the seabed. This prohibition includes the use of propeller wash
deflectors. The intent of this prohibition is to protect the resources
of the Sanctuary, such as seagrasses, from the harmful effects of
activities such as, but not limited to, treasure hunting, drilling into
the seabed, mining, ocean mineral extraction, and dumping of dredge
spoils.
The fourth activity prohibited is the discharging or depositing of
materials or other matter. The intent of this prohibition is to protect
the Sanctuary resources and qualities against the harmful effects of
land based and vessel source pollution, to reduce and prevent
contamination by marine debris and related impacts associated with
pollution of the marine environment of the Sanctuary.
The fifth activity prohibited is the operation of: (1) A tank
vessel or a vessel greater than 50 meters in registered length in an
area to be avoided (ATBA); or (2) any vessel in a manner that is either
dangerous to people or harms Sanctuary resources. The boundary
coordinates for the ATBAs are listed in Appendix VII to part 929. The
prohibition is designed to prevent vessel groundings on the coral reef,
and thus to minimize the risk of extensive physical damage, spills and
associated, possibly irreparable, injury to Sanctuary resources likely
to result from a grounding of a large vessel and tank vessel. This
prohibition further is intended to prevent injury to Sanctuary
resources, prevent injury to humans (e.g., divers and swimmers), and to
reduce shoreline erosion.
The sixth activity prohibited is diving without a red and white
``divers down'' flag or a blue and white ``alpha'' flag in Federal
waters. The intent of this prohibition is to prevent injury to humans
and thereby facilitate safe, multiple use of the Sanctuary.
The seventh activity prohibited is the release of exotic species.
Exotic species can permanently alter an ecosystem by out competing
indigenous species, preying on indigenous species, etc. The intent of
this prohibition is to prevent injury to Sanctuary resources, to
protect the biodiversity of the Sanctuary, and to preserve the natural
functional aspects of the ecosystem.
The eighth activity prohibited is the tampering with official signs
or markers [[Page 16405]] or navigational aids. The intent of this
prohibition is to prevent injury to Sanctuary resources, primarily
corals and seagrasses, and to prevent injury to humans.
The ninth activity prohibited is the removing or injuring Sanctuary
historical resources. Submerged historical resources constitute
important, irreplaceable, public resources of the Sanctuary because
they contain important information about human history and culture.
This prohibition is designed to protect these resources so that they
may be researched, and information about their contents and type made
available for the benefit of the public. This prohibition does not
apply to accidental moving, possession, or injury during normal fishing
operations.
The tenth activity prohibited is taking or possessing protected
wildlife. The Sanctuary is an important staging area, breeding area,
and feeding area for a variety of wildlife, including a number of
endangered and threatened species. The intent of this prohibition is to
protect Sanctuary resources and endangered and/or threatened species.
The eleventh activity prohibited is the possession or use of
explosives and electrical discharges. The intent of this prohibition is
to prevent injury to Sanctuary resources or to humans.
The twelfth activity prohibited is interfering with law enforcement
officers. The intent of this prohibition is to prevent the obstruction
of justice.
Section 929.5(b) regulates the taking or landing of marine life
species, in accordance with the Marine Life rule of the Florida
Administrative Code reproduced in Appendix VIII to this part. The
intent of this regulation is to protect Sanctuary resources and
biodiversity by adopting relevant portions of the Florida Marine Life
rule as a uniform regulation to be applied throughout the (federal and
state) waters of the Sanctuary.
Section 929.6 establishes five types of water use zones within the
Sanctuary, the prohibitions applicable to uses within such zones, and
the regulations governing access to, and use of, the resources of such
zones. The five zone types are: Existing Management Areas; Wildlife
Management Areas; Sanctuary Preservation Areas; Replenishment Reserves
and Special Use Areas. The proposed location of these zones is
specified in Appendices II, III, IV, V and VI to this part,
respectively, corresponding to the five zone types stated above. The
intent of the zoning regulations is to protect Sanctuary resources and
biodiversity, and provide for effective management and facilitation of
multiple, compatible uses, consistent with the purposes of the
Sanctuary designation.
Section 929.6(a) provides that the regulations applicable to the
conduct of activities within any of the five types of Sanctuary zones
are in addition to the general prohibitions set forth in paragraphs (a)
and (b) of Sec. 929.5. Activities conducted in those areas of the
Sanctuary that are located in two or more overlapping zones shall be
concurrently subject to the regulations applicable to each such
overlapping zone.
Section 929.6 identifies certain Existing Management Areas which
are listed in Appendix II to part 929. Existing Management Areas are
existing Federal, State or local resource management areas subject to
the continuing management and control of another agency,
notwithstanding the exercise of concurrent authority by the Assistant
Administrator in accordance with this part. To the extent possible,
consistent with the purposes for which the Sanctuary was designated,
the regulations applicable to Existing Management Areas shall be
applied in a manner that is compatible with such existing management
authorities. Identification of the Key Largo and Looe Key Existing
Management Areas constitutes recognition of these areas as pre-existing
National Marine Sanctuaries that were subject to the management and
control of the Assistant Administrator prior to Sanctuary designation,
and for which continuing regulation as Existing Management Areas will
serve to maintain, to the extent possible, a level of management and
control of uses in such areas that is at least as protective of
Sanctuary resources and qualities as that provided by their former
status as discrete National Marine Sanctuaries.
Section 929.6(b)(2) further prohibits the operation of personal
watercraft, airboats or water skiing within the Great White Heron or
Key West National Wildlife Existing Management Areas. The intent of
this prohibition is to protect Sanctuary resources and qualities
through coordination with the U.S. Fish and Wildlife Service in a
manner that recognizes and complements the existing management of these
areas as components of the National Wildlife Refuge System.
Section 929.6(c) sets forth the rules governing access to, and use
of, the Wildlife Management Areas described in Appendix III to part
929. Specifically, access and use restrictions may include the
designation of any such zones as an ``idle/no-wake speed'', a ``no
motor'' or a ``no access buffer'' areas. The Director or designee, in
cooperation with other Federal, State, or local resource management
authorities, as appropriate, shall effect such designation by posting
official signs conspicuously, using mounting posts, buoys, or other
means according to location and purpose, at appropriate intervals and
locations. The intent of these rules is to protect Sanctuary wildlife
resources from injury or harmful disturbance within sensitive areas and
habitats of the Sanctuary.
Section 929.6(d) sets forth prohibitions applicable to activities
conducted within Sanctuary Preservation Areas and Replenishment
Reserves. Specific prohibitions include possessing, harvesting or
otherwise injuring any coral, marine invertebrate, fish, bottom
formation, algae, seagrass or other living or dead organism in such
areas; fishing by any means; touching living or dead coral, including
but not limited to standing on a living or dead coral formation;
placing anchors so as to touch living or dead coral or any sessile
organism. Vessels shall use mooring buoys or anchoring areas when such
facilities or areas have been designated and are available.
Section 929.6(d) further provides that the Director or designee may
impose a limited access designation, or temporary area closure, within
any Sanctuary Preservation Area if the Director determines that such
action is reasonably necessary to allow for recovery of the living
resources of such area from the adverse, cumulative effects of
concentrated use.
The intent of the establishment of, and regulation of uses within,
the Sanctuary Preservation Areas is to avoid concentrations of uses
that could result in significant declines in species populations or
habitat, to reduce conflicts between uses, to protect areas that are
critical for sustaining important marine species or habitats, or to
provide opportunities for scientific research. The intent of the
establishment of, and iregulation of uses within, the Replenishment
Reserves is to minimize human influences, to provide natural spawning,
nursery, and permanent residence areas for the replenishment and
genetic protection of marine life, and also to protect and preserve
natural assemblages of habitats and species within areas representing a
broad diversity of resources and habitats found within the Sanctuary.
Section 929.6(e) establishes procedures and criteria pursuant to
which the Director or designee may set aside discrete areas of the
Sanctuary as Special Use Areas, and designate such areas as ``recovery
areas'', ``restoration areas'', ``research only areas'' or
[[Page 16406]] ``facilitated use areas'', as appropriate, to protect
the Sanctuary resources and qualities and allow for multiple,
compatible uses within the Sanctuary. Section 929.6(e) further provides
criteria pursuant to which the Director or designee may issue an
emergency notice modifying the number, location or designation
applicable to Special Use Areas if the Director of designee determines
that such immediate action is reasonably necessary to prevent
significant injury to Sanctuary resources or to initiate restoration or
research activities where, due to emergency or unforseen circumstances,
delay would impair the ability of such activities to succeed.
Section 929.7 authorizes the regulation, including prohibition, on
an immediate, temporary basis of any activity where necessary to
prevent or minimize the destruction of, loss of, or injury to a
Sanctuary resource or quality, or minimize the imminent risk of such
destruction, loss or injury.
Section 929.8 sets forth the maximum statutory civil penalty for
violating the NMSA, the regulations or any permit issued pursuant
thereto--$100,000. Each such violation shall be subject to forfeiture
of property or Sanctuary resources seized in accordance with section
307 of the NMSA. Each day of a continuing violation constitutes a
separate violation.
Section 929.9 repeats the provision in Section 312 of the NMSA that
any person who destroys, causes the loss of, or injures any Sanctuary
resource is liable to the United States for response costs, damages and
interest resulting from such destruction, loss or injury, and any
vessel used to destroy, cause the loss of, or injure any Sanctuary
resource is liable in rem to the United States for response costs,
damages and interest resulting from destruction, loss or injury. The
purpose of these sections is to notify the public of the liability for
violating a Sanctuary regulation, a permit issued pursuant thereto or
the NMSA.
Regulations setting forth the procedures governing administrative
proceedings for assessment of civil penalties, permit sanctions and
denials for enforcement reasons, issuance and use of written warnings,
and release or forfeiture of seized property appear at 15 CFR part 904.
Section 929.10 sets forth the procedures for applying for a
National Marine Sanctuary permit to conduct a prohibited activity and
the criteria governing the issuance, denial, amendment, suspension and
revocation of such permits. A permit may be issued by the Director or
designee if he or she finds that the activity will have only negligible
short-term adverse effects on Sanctuary resources and qualities and
will: further research or monitoring related to Sanctuary resources and
qualities; further the educational, natural or historical resource
value of the Sanctuary; further salvage or recovery operations in or
near the Sanctuary in connection with a recent air or marine casualty;
or assist in managing the Sanctuary. For activities proposed to be
conducted within Replenisment Reserves or Sanctuary Preservation Areas,
the Director or designee shall further find that such activities will
further and are consistent with the purposes for which such zone was
established. In deciding whether to issue a permit, the Director or
designee is required to consider such factors as the professional
qualifications and financial ability of the applicant as related to the
proposed activity; the duration of the activity and the duration of its
effects; the appropriateness of the methods and procedures proposed by
the applicant for the conduct of the activity; the extent to which the
conduct of the activity may diminish or enhance Sanctuary resources and
qualities; the indirect, secondary or cumulative effects of the
activity; and the end value of the activity. In addition, the Director
or designee is authorized to consider any other factors she or he deems
appropriate.
Section 929.11 sets forth the application procedures and issuance
criteria for National Marine Sanctuary Historical Resources permits to
conduct specific research activities involving the exploration for,
recovery of, or transfer of historical Sanctuary resources specified
under Sec. 929.11 and otherwise prohibited by the regulations. A permit
may be issued by the Director or designee at his or her discretion in
accordance with the requirements of Sec. 929.11 and consistent with the
Programmatic Agreement Among NOAA, the Advisory Council on Historic
Preservation, and the State of Florida on Submerged Cultural Resources
(hereinafter SCR Agreement). Recovery of historical resources will only
be permitted when developed in conjunction with research to preserve
the historic information for public use. Intrusive research and/or
recovery will be based upon a balancing of factors and criteria to
determine whether the goals of preservation, research, education, and
public access are better served by permitting this type of activity as
opposed to leaving the historic resources in place.
Section 929.12 sets forth criteria governing the issuance of
Special Use permits to conduct concession-type, commercial activities
within the Sanctuary. In accordance with the provisions of Section 310
of the NMSA, the Director or designee may require a Special Use permit
for any such activity if he or she determines such authorization is
necessary to establish conditions of access to and use of any Sanctuary
resource, or to promote public use and understanding of any Sanctuary
resource. No special use permit may be issued unless the activity is
compatible with the purposes for which the Sanctuary was designated and
can be conducted in a manner that does not destroy, cause the loss of,
or injure any Sanctuary resource.
Applicants for Special Use permits are required to follow the same
procedures specified for National Marine Sanctuary permits in
Sec. 929.10 (d) through (g).
All National Marine Sanctuary, National Marine Sanctuary Historical
Resources, or Special Use permits are subject to the general permit
conditions specified in Sec. 929.10(h). With respect to any such
permit, the Director or designee, at his or her discretion, also may
impose special permit conditions in accordance with Sec. 929.10(i).
Section 929.13 provides that any person conducting research in the
Sanctuary, including such research not involving prohibited activities,
may voluntarily register with the appropriate Sanctuary field office.
Upon registration, the Sanctuary office will issue a research flag to
be used while conducting research within the Sanctuary. Copies of
research results, abstracts, and reports may be submitted to the
Sanctuary field office to be retained for Sanctuary management
purposes, public observation, and peer review.
Section 929.14 sets forth procedures for requesting certification
of leases, permits, licenses, approvals, other authorizations or rights
in existence on the date of Sanctuary designation authorizing the
conduct of an otherwise prohibited activity. Notwithstanding the
prohibitions under paragraph (a) of Sec. 929.5 or Sec. 929.6, a person
may conduct any activity specifically authorized by a valid lease,
permit, license, approval or other authorization in existence on the
effective date of Sanctuary designation and issued by any Federal,
State, or local authority of competent jurisdiction, or by any valid
right of subsistence use or access in existence on the effective date
of Sanctuary designation, provided that the holder of such
authorization or right complies with the requirements of Sec. 929.14
(e.g., notifies the Director or designee of the
[[Page 16407]] existence of, requests certification of, and provides
requested information regarding such authorization or right) and
complies with any terms and conditions on the exercise of such
authorization or right imposed by the Director or designee as she or he
deems reasonably necessary to achieve the purposes for which the
Sanctuary was designated.
Section 929.14 allows the holder 90 days from the effective date of
the proposed Sanctuary regulations in part 929 to request
certification. The holder is allowed to conduct the activity without
being in violation of paragraph (a) of Sec. 929.5 or 929.6 pending
final agency action on his or her certification request, provided the
holder has complied with all requirements of Sec. 929.14.
Section 929.14 also allows the Director or designee to request
additional information from the holder and to seek the views of other
persons.
As a condition of certification, the Director or designee will
impose such terms and conditions on the exercise of such lease, permit,
license, approval or other authorization or right as she or he deems
reasonably necessary to achieve the purposes for which the Sanctuary
was designated. This is consistent with the Secretary's authority under
Section 304(c)(2) of the NMSA. (Section 929.14 has no application to
mineral or hydrocarbon activities as there is no existing lease,
permit, license, approval, other authorization or right for any of
these activities within the Sanctuary).
The holder may appeal any action conditioning, amending, suspending
or revoking any certification in accordance with the procedures set
forth in Sec. 929.16.
Any amendment, renewal or extension not in existence as of the date
of Sanctuary designation of a lease, permit, license, approval, other
authorization or right is subject to the provisions of Sec. 929.15.
Section 929.15 provides, consistent with paragraph (f) of
Sec. 929.5, that notwithstanding the prohibitions under paragraph (a)
of Sec. 929.5 or Sec. 929.6, a person may conduct any activity
specifically authorized by any valid lease, permit, license, approval,
or other authorization issued after the effective date of Sanctuary
designation by any Federal, State, or local authority of competent
jurisdiction, provided that the applicant notifies the Director or
designee of the application for such authorization within 15 days of
the date of filing of the application or of the efffective date of the
proposed Sanctuary regulations, whichever is later, that the applicant
is in compliance with the other provisions in Sec. 929.15, that the
Director or designee notifies the applicant and authorizing agency that
he or she does not object to issuance of the authorization, and that
the applicant complies with any terms and conditions the Director or
designee deems reasonably necessary to protect Sanctuary resources and
qualities.
Section 929.15 allows the Director or designee to request
additional information from the applicant and to seek the views of
other persons.
An application or an amendment to, an extension of, or a renewal of
an authorization is also subject to the provisions of Sec. 929.15.
The applicant may appeal any objection by, or terms or conditions
imposed by, the Director or designee to the Assistant Administrator or
designee in accordance with the procedures set forth in Sec. 929.16.
Section 929.16 sets forth the procedures for appealing to the
Assistant Administrator or designee actions of the Director or designee
with respect to: (1) the granting, denial, conditioning, amendment,
suspension or revocation of a National Marine Sanctuary permit under
Sec. 929.10, a National Marine Sanctuary Historical Resources permit
under Sec. 929.11, or a Special Use permit under Sec. 929.12 or Section
310 of the NMSA; (2) the conditioning, amendment, suspension, or
revocation of a certification under Sec. 929.14; or (3) the objection
to issuance or the imposition of terms and conditions under
Sec. 929.15.
Prior to conditioning the exercise of existing leases, permits,
licenses, approvals, other authorizations or rights or conditioning or
objecting to proposed authorizations NOAA intends to consult with
relevant issuing agencies as well as owners, holders or applicants.
V. Miscellaneous Rulemaking Requirements
Marine Protection, Research, and Sanctuaries Act
Section 304 of the MPRSA requires the Secretary to submit to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, on the same day as this notice is
published, the proposed terms of the designation, the proposed
regulations, a draft environmental impact statement, and a draft
management plan detailing the proposed goals and objectives, management
responsibilities, research activities, interpretive and educational
programs, and enforcement and surveillance activities, for the area. In
accordance with Section 304, the required documents are being submitted
to the specified Congressional Committees.
Executive Order 12866
Under Executive Order 12866, if the proposed regulations are
``significant'' as defined in section 3(f) (1), (2), (3) or (4) of the
Order, an assessment of the potential costs and benefits of the
regulatory action must be prepared and submitted to the Office of
Information and Regulatory Affairs (OIRA) of OMB. The Administration of
NOAA has determined that the proposed regulations are significant. The
required assessment has been prepared and submitted to OIRA.
Regulatory Flexibility Act
The regulations proposed in this notice would allow all activities
to be conducted in the Sanctuary other than those activities that are
specifically prohibited. The procedures proposed in these regulations
for applying for National Marine Sanctuary permits to conduct otherwise
prohibited activities, for requesting certifications for pre-existing
leases, licenses, permits, approvals, other authorizations or rights
authorizing the conduct of a prohibited activity, and for notifying
NOAA of applications for leases, licenses, permits, approvals, or other
authorizations to conduct a prohibited activity would all act to lessen
any adverse economic effect on small entities. The proposed
regulations, in total, if adopted in final form as proposed, are not
expected to have a significant economic impact on a substantial number
of small entities, and the General Counsel of the Department of
Commerce has so certified to the Chief Counsel for Advocacy of the
Small Business Administration. As a result, an initial Regulatory
Flexibility Analysis was not prepared.
Paperwork Reduction Act
This proposed rule contains a collection of information requirement
subject to the requirements of the Paperwork Reduction Act (Pub. L. 96-
511). The collection of information requirement applies to persons
seeking permits to conduct otherwise prohibited activities and is
necessary to determine whether the proposed activities are consistent
with the management goals for the Sanctuary. The collection of
information requirement contained in the proposed rule has been
submitted to the Office of Management and Budget for review under
section 3504(h) of the [[Page 16408]] Paperwork Reduction Act. The
public reporting burden per respondent for the collection of
information contained in this rule is estimated to average 1.65 hours
annually. This estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Comments from the public on the collection of information requirement
are specifically invited and should be addressed to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503 (Attn: Desk Officer for NOAA); and to Richard
Roberts, Room 724, 6010 Executive Boulevard, Rockville, MD 20852.
Executive Order 12612
A Federalism Assessment (FA) was prepared for the proposed
designation document, draft management plan, and proposed implementing
regulations. The FA concluded that all would be fully consistent with
the principles, criteria, and requirements set forth in sections 2
through 5 of Executive Order 12612, Federalism Considerations in Policy
Formulation and Implementation (52 FR 41685). Copies of the FA are
available upon request to the Office of Ocean and Coastal Resource
Management at the address listed in the address section above.
National Environmental Policy Act
In accordance with Section 304(a)(2) of the Act (16 U.S.C.
1434(a)(2)), and the provisions of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4370(a)), a Draft Environmental Impact
Statement (DEIS) has been prepared for the designation and the proposed
regulations. As required by Section 304(a)(2), the DEIS includes the
resource assessment report required by section 303(b)(3) of the Act (16
U.S.C. 1433(b)(3)), maps depicting the boundaries of the designated
area, and the existing and potential uses and resources of the area.
Copies of the DEIS are available upon request to the Office of Ocean
and Coastal Resource Management at the address listed in the address
section above.
Executive Order 12630
This proposed rule, if issued in final form as proposed, would not
have takings implications within the meaning of Executive Order 12630
because it would not appear to have an effect on private property
sufficiently severe as effectively to deny economically viable use of
any distinct legally potential property interest to its owner or to
have the effect of, or result in, a permanent or temporary physical
occupation, invasion, or deprivation. While the prohibition on the
exploration for, development, production of minerals and hydrocarbons
from the Sanctuary might have a takings implication if it abrogated an
existing lease for Outer Continental Shelf (OCS) tracts within the
Sanctuary or an approval of an exploration or development and
production plan, no OCS leases have been sold for tracts within the
Sanctuary and no exploration or production and development plans have
been filed or approved.
List of Subjects in 15 CFR Parts 929 and 937
Administrative practice and procedure, Coastal zone, Marine
resources, Penalties, Recreation and recreation areas, Reporting and
recordkeeping requirements, Research.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
Dated: March 13, 1995.
Frank W. Maloney,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
Accordingly, for the reasons set forth above, 15 CFR Chapter IX is
proposed to be amended as follows:
SUBCHAPTER B--OCEAN AND COASTAL RESOURCE MANAGEMENT
1. Part 929 is revised to read as follows:
PART 929---FLORIDA KEYS NATIONAL MARINE SANCTUARY
Sec.
929.1 Purpose.
929.2 Boundary.
929.3 Definitions.
929.4 Allowed activities.
929.5 Prohibited activities; Sanctuary wide.
929.6 Additional activity regulations by Sanctuary zone.
929.7 Emergency regulations.
929.8 Penalties.
929.9 Response costs and damages.
929.10 National Marine Sanctuary Permits; application procedures
and issuance criteria.
929.11 National Marine Sanctuary Historical Resources Permits;
exploration, research/recovery, research/recovery/transfer;
application procedures and issuance criteria.
929.12 Special Use Permits.
929.13 Sanctuary registry; research notice.
929.14 Certification of pre-existing leases, licenses, permits,
approvals, other authorizations, or rights to conduct a prohibited
activity.
929.15 Notification and review of applications for leases,
licenses, permits, approvals, or other authorizations to conduct a
prohibited activity.
929.16 Appeals of administrative action.
Appendix I to Part 929--Florida Keys National Marine Sanctuary
boundary coordinates
Appendix II to Part 929--Existing Management Areas
Appendix III to Part 929--Wildlife Management Areas
Appendix IV to Part 929--Replenishment Reserves
Appendix V to Part 929--Sanctuary Preservation Areas
Appendix VI to Part 929--Special Use Areas
Appendix VII to Part 929--Coordinates for the Area to be Avoided
Appendix VIII to Part 929--Marine Life Rule
Authority: 16 U.S.C. 1431 et seq.; Pub. L. 101-605, 104 Stat.
3090-3093.
Sec. 929.1 Purpose.
The purpose of the regulations in this part is to implement the
comprehensive management plan for the Florida Keys National Marine
Sanctuary by regulating activities affecting the resources of the
Sanctuary or any of the qualities, values, or purposes for which the
Sanctuary is designated, in order to protect, preserve and manage the
conservation, ecological, recreational, research, educational,
historical, and aesthetic resources and qualities of the area. In
particular, the regulations in this part are intended to protect,
restore, and enhance the living resources of the Sanctuary, to
contribute to the maintenance of natural assemblages of living
resources for future generations, to provide places for species
dependent on such living resources to survive and propagate, to
facilitate to the extent compatible with the primary objective of
resource protection all public and private uses of the resources of the
Sanctuary not prohibited pursuant to other authorities, to reduce
conflicts between such compatible uses, and to achieve the other
policies and purposes of the Florida Keys National Marine Sanctuary and
Protection Act and the National Marine Sanctuaries Act.
Sec. 929.2 Boundary.
The Sanctuary consists of all submerged lands and waters from the
mean high water mark to the boundary described in Appendix I to this
part, with the exception of areas within the Dry Tortugas National
Park. Appendix I to this part sets forth the precise Sanctuary boundary
established by the Florida Keys National Marine Sanctuary and
Protection Act. (See FKNMSPA section 5 (b)(2)).
Sec. 929.3 Definitions.
(a) The following definitions apply to this part:
Acts means the Florida Keys National Marine Sanctuary and
Protection Act, as amended, (FKNMSPA) (Pub. L. 101-605, 104 Stat. 3090-
3093), and the [[Page 16409]] National Marine Sanctuaries Act (NMSA),
also known as Title III of the Marine Protection, Research, and
Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq.).
Adverse effect means any factor, force, or action that would
independently or cumulatively damage, diminish, degrade, impair,
destroy, or otherwise harm any Sanctuary resource, as defined in
section 302(8) of the NMSA (16 U.S.C. 1432(8)) and in this Sec. 929.3,
or any of the qualities, values, or purposes for which the Sanctuary is
designated.
Airboat means a vessel operated by means of a motor driven
propeller that pushes air for momentum.
Area to be avoided means the area decribed in which vessel
operations are prohibited pursuant to section 6(a)(1) of the FKNMSPA
(see Sec. 929.5(a)(1)). Appendix VII to this part sets forth the
geographic coordinates of the area to be avoided, including any
modifications thereto made in accordance with section 6(a)(3) of the
FKNMSPA.
Assistant Administrator means the Assistant Administrator for Ocean
Services and Coastal Zone Management, National Ocean Service.
Director means the Director of the Office of Ocean and Coastal
Resource Management, National Ocean Service.
Existing Management Area means a portion of the Sanctuary that is
within an existing resource management area established by NOAA or by
another Federal, State, or local authority of competent jurisdiction
within the Sanctuary and that is identified in Appendix II to this
Part.
Exotic species means a species of plant, invertebrate, fish,
amphibian, reptile or mammal whose natural zoogeographic range would
not have included the waters of the Atlantic Ocean, Caribbean, or Gulf
of Mexico without passive or active introduction to such area through
anthropogenic means.
Federal Project means any water resources development project
conducted by the U.S. Army Corps of Engineers or operating under a
permit or other authorization issued by the Corps of Engineers and
authorized by Federal law.
Fish means finfish, mollusks, crustaceans, and all other forms of
marine animal and plant life other than marine mammals, and birds.
Fishing means:
(1)(i) The catching, taking, or harvesting of fish;
(ii) The attempted catching, taking, or harvesting of fish;
(iii) Any other activity which can reasonably be expected to result
in the catching, taking, or harvesting of fish; or
(iv) Any operations at sea in support of, or in preparation for,
any activity described in paragraphs (1)(i) through (iii) of this
definition.
(2) Such term does not include any scientific research activity
which is conducted by a scientific research vessel.
Historical resource means any resource possessing historical,
cultural, archaeological or paleontological significance, including
sites, contextual information, structures, districts, and objects
significantly associated with or representative of earlier people,
cultures, and human activities and events. Historical resources include
``submerged cultural resources'', and also include ``historical
properties'', as defined in the National Historic Preservation Act, as
amended, and implementing regulations, as amended.
Idle/no-wake speed means a speed at which a boat is operated that
is no greater than 4 knots and does not produce a wake.
Injure means to change adversely, either in the long or short term,
a chemical, biological, or physical attribute of, or the viability of.
To ``injure'' therefore includes, but is not limited to, to cause the
loss of and to destroy.
Live rock means any living marine organism or an assemblage thereof
attached to a hard substrate (including dead coral or rock). For
example, such living marine organisms associated with hard bottoms,
banks, reefs, and live rock may include, but are not limited to: sea
anemones (Phylum CNIDARIA: Class Anthozoa: Order Actinaria); sponges
(Phylum PORIFERA); tube worms (Phylum ANNELIDA), including fan worms,
feather duster worms, and christmas tree worms; bryozoans (Phylum
BRYOZOA); sea squirts (Phylum CHORDATA); and marine algae, including
Mermaid's fan and cups (Udotea spp.), corraline algae, green feather,
green grape algae (Caulerpa spp.) and watercress (Halimeda spp.).
Individual mollusk shells (scallops, clams, oysters, etc.) are not
intended to be included in the definition as hard substrate.
Marine Life Species means any species of fish, invertebrate, or
plant included in sections (2), (3), or (4) of Rule 46-42.001, Florida
Administrative Code, set forth in Appendix VIII to this part.
Mineral means clay, stone, sand, gravel, metalliferous ore,
nonmetalliferous ore, or any other non-living solid material or other
non-living solid matter of commercial value.
Person means any private individual, partnership, corporation, or
other entity; or any officer, employee, agent, department, agency, or
instrumentality of the Federal Government or of any State, regional, or
local unit of government, or of any foreign government.
Personal watercraft means any jet and air-powered watercraft
operated by standing, sitting, or kneeling on or behind the vessel, in
contrast to a conventional boat, where the operator stands or sits
inside the vessel, and that uses a two-cycle inboard engine to power a
water jet pump for propulsion, instead of a propeller as in a
conventional boat.
Prop-dredging means the use of a vessel's propulsion wash to dredge
or otherwise alter the seabed of the Sanctuary, excluding disturbance
to bottom sediments resulting from normal vessel propulsion. Prop-
dredging includes, but is not limited to, the use of propulsion wash
deflectors or similar means of dredging or otherwise altering the
seabed of the Sanctuary.
Prop-scarring means the injury to seagrasses or other immobile
organisms attached to the seabed of the Sanctuary caused by operation
of a vessel in a manner that allows its propeller or other running
gear, or any part thereof, to cause such injury, excluding minor
disturbances to bottom sediments or seagrass blades resulting from
normal vessel propulsion.
Replenishment Reserve means a Sanctuary zone encompassing an area
of contiguous, diverse habitats, within which uses are subject to
conditions, restrictions and prohibitions, including public access
restrictions, intended to minimize human influences, to provide natural
spawning, nursery, and permanent residence areas for the replenishment
and genetic protection of marine life, and also to protect and preserve
natural assemblages of habitats and species within areas representing a
broad diversity of resources and habitats found within the Sanctuary.
Sanctuary means the Florida Keys National Marine Sanctuary.
Sanctuary Preservation Area means a Sanctuary zone encompassing a
discrete, biologically important area, within which uses are subject to
conditions, restrictions and prohibitions, including public access
restrictions, to avoid concentrations of uses that could result in
significant declines in species populations or habitat, to reduce
conflicts between uses, to protect areas that are critical for
sustaining important marine species or habitats, or to provide
opportunities for scientific research.
Sanctuary quality means any of those ambient conditions, physical-
chemical [[Page 16410]] characteristics and natural processes, the
maintenance of which is essential to the ecological health of the
Sanctuary, including, but not limited to, water quality, sediment
quality and air quality.
Sanctuary resource means any living or non-living resource that
contributes to the conservation, recreational, ecological, historical,
research, educational, or aesthetic value of the Sanctuary, including,
but not limited to, the seabed and substratum, bottom formations, hard
and soft corals and coralline structures, algae, phytoplankton,
seagrasses, mangroves and other marine plants, zooplankton, marine
invertebrates, fish, marine amphibians and reptiles, marine mammals,
sea birds, and other marine wildlife and their habitats, and historical
resources.
Sanctuary wildlife means any species of fauna, including avifauna,
that occupy or utilize the submerged resources of the Sanctuary as
nursery areas, feeding grounds, nesting sites, shelter, or other
habitat during any portion of their life cycles.
Seagrass means any species of marine angiosperms (flowering plants)
that inhabit portions of the seabed in the Sanctuary. Those species
include, but are not limited to: Thalassia testudinum (turtle grass);
Syringodium filiforme (manatee grass); Halodule wrightii (shoal grass);
Halophila decipiens, H. engelmannii, H. johnsonii; and Ruppia maritima.
Taking means:
(1)(i) For any marine mammal, sea turtle or seabird listed as
either endangered or threatened pursuant to the Endangered Species Act,
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
collect or injure, or to attempt to engage in any such conduct;
(ii) For any other marine mammal, sea turtle or seabird, to harass,
hunt, capture, kill, collect or injure, or to attempt to engage in any
such conduct.
(2) For the purpose of both paragraphs (1)(i) and (ii) of this
definition, the term includes, but is not limited to, collecting any
dead or injured marine mammal, sea turtle or seabird, or any part
thereof, no matter how temporarily; tagging any sea turtle, marine
mammal or seabird; operating a vessel or aircraft or doing any other
act that results in the disturbing or molesting of any marine mammal,
sea turtle or seabird.
Tank vessel means any vessel that is constructed or adapted to
carry, or that carries, oil or hazardous material in bulk as cargo or
cargo residue, and that--
(1) Is a United States flag vessel;
(2) Operates on the navigable waters of the United States; or
(3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States (46 U.S.C. 2101).
Traditional fishing means those commercial or recreational fishing
activities that were customarily conducted within the Sanctuary prior
to its designation.
Tropical fish means any species, or part thereof, included in
section (2) of Rule 46-42.001, Florida Administrative Code, (as set
forth in Appendix VIII to this part).
Vessel means a watercraft of any description, including, but not
limited to, motorized and non-motorized watercraft, personal
watercraft, airboats, and float planes while manuevering on the water,
capable of being used as a means of transportation in/on the waters of
the Sanctuary. For purposes of this part, the terms ``vessel,''
``watercraft,'' and ``boat'' are deemed to have the same meaning.
Wildlife Management Area means a Sanctuary zone established for the
management, protection, and preservation of Sanctuary wildlife
resources, including such a zone established for the protection and
preservation of endangered or threatened species or their habitats,
within which access is restricted or otherwise regulated to minimize
disturbances to Sanctuary wildlife; to ensure protection and
preservation consistent with the Sanctuary designation and other
applicable law governing the protection and preservation of wildlife
resources in the Sanctuary.
(b) Other terms appearing in the regulations in this part are
defined at 15 CFR 922.2, and/or in the Marine Protection, Research, and
Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 16
U.S.C. 1431 et seq.
Sec. 929.4 Allowed activities.
(a) All activities, except those prohibited pursuant to Sec. 929.5
or Sec. 929.6, may be conducted subject to all applicable access and
use restrictions imposed within sanctuary zones pursuant to Sec. 929.6,
subject to the provisions of Sec. 929.12, subject to all prohibitions,
restrictions, and conditions validly imposed by any other Federal,
State or local authority of competent jurisdiction, subject to any
emergency regulations promulgated pursuant to Sec. 929.7, and subject
to the liability established by Section 312 of the NMSA (see
Sec. 929.9).
(b) Fishing activities may be conducted subject to all applicable
regulations imposed by Federal and State fishery management authorities
of competent jurisdiction within the Sanctuary, provided that the
Assistant Administrator may regulate fishing activities within the
Sanctuary, pursuant to the procedure set forth in Section 304(a)(5) of
the NMSA, to the extent such Sanctuary fishing regulations are
reasonably necessary to fulfill the purposes and policies of the NMSA
and the goals and objectives of the Sanctuary designation.
Sec. 929.5 Prohibited activities; Sanctuary-wide.
(a) Except as specified in paragraph (c) of this section, the
following activities are prohibited and thus are unlawful for any
person to conduct or cause to be conducted:
(1) Mineral and hydrocarbon exploration, development and
production. Exploring for, developing, or producing minerals or
hydrocarbons within the Sanctuary.
(2) Removal of, injury to, or possession of coral or live rock.
(i) Moving, removing, taking, harvesting, damaging, disturbing,
breaking, cutting, or otherwise injuring, or possessing (regardless of
where taken from) any living or dead coral, or coral formation, or
attempting any of these activities, except as permitted under 50 CFR
Part 638.
(ii) Harvesting, or attempting to harvest, any live rock from the
Sanctuary, or possessing (regardless of where taken from) any live rock
within the Sanctuary, except as authorized by a permit for the
possession or harvest from aquaculture operations in the Exclusive
Economic Zone, issued by the National Marine Fisheries Service pursuant
to applicable regulations under the appropriate Fishery Management
Plan, or as authorized by the applicable state authority of competent
jurisdiction within the Sanctuary for live rock cultured on state
submerged lands leased from the State of Florida, pursuant to
applicable state law. See section 370.027, Florida Statutes and
implementing regulations.
(3) Alteration of, or construction on, the seabed. Drilling into,
dredging, or otherwise altering the seabed of the Sanctuary, or
engaging in prop-dredging; or constructing, placing or abandoning any
structure, material, or other matter on the seabed of the Sanctuary,
except as an incidental result of:
(i) Anchoring vessels in a manner not otherwise prohibited by this
part (see paragraph (a)(3)(iii) of this section and
Sec. 929.6(d)(1)(iv));
(ii) Traditional fishing activities outside Replenishment Reserves
or Sanctuary Preservation Areas; [[Page 16411]]
(iii) Installation and maintenance of navigational aids by, or
pursuant to valid authorization by, any Federal, State, or local
authority of competent jurisdiction;
(iv) Harbor maintenance in areas necessarily associated with
Federal Projects in existence on the effective date of Sanctuary
designation, including maintenance dredging of entrance channels and
repair, replacement, or rehabilitation of breakwaters or jetties;
(v) Construction, repair, replacement, or rehabilitation of docks,
seawalls, breakwaters, or piers authorized by any valid lease, permit,
license, approval, or other authorization issued by any Federal, State,
or local authority of competent jurisdiction.
(4) Discharging or depositing materials or other matter. (i)
Discharging or depositing, from within the boundary of the Sanctuary,
any material or other matter, except:
(A) Fish, fish parts, fish chum or bait that is produced, or used,
and discarded while conducting a traditional fishing activity in the
Sanctuary;
(B) Biodegradable effluent incidental to vessel use and generated
by a marine sanitation device approved in accordance with Section 312
of the Federal Water Pollution Control Act, as amended, (FWPCA), 33
U.S.C. 1322 et seq.;
(C) Water generated by routine vessel operations (e.g., deck wash
down and graywater as defined by section 312 of the FWPCA), excluding
oily wastes from bilge pumping; or
(D) Cooling water from vessels or engine exhaust.
(ii) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter that subsequently enters the
Sanctuary and injures a Sanctuary resource or quality, except those
listed in paragraphs (a)(4)(i)(A) through (D) of this section.
(iii) Notwithstanding the exceptions contained in paragraphs
(a)(4)(i)(A) through (D) of this section, discharging or depositing any
material or other matter, except cooling water or engine exhaust into
the waters of any Wildlife Management Area, Replenishment Reserve,
Sanctuary Preservation Area, or Special Use Area.
(5) Operation of vessels. (i) Operating a tank vessel or a vessel
greater than 50 meters in registered length in an area to be avoided.
The prohibition in this subparagraph shall not apply to necessary
operations of public vessels, defined as operations essential for
national defense, law enforcement, or responses to emergencies that
threaten life, property, or the environment.
(ii) Operating a vessel in such a manner as to strike or otherwise
injure coral, seagrass, or any other immobile organism attached to the
seabed, including, but not limited to, operating a vessel in such a
manner as to cause prop-scarring.
(iii) Anchoring a vessel on coral, in depths less than 50 feet.
(iv) Operating a vessel at a speed greater than idle/no-wake speed
within a residential canal, within 100 yards of the red and white
``divers down'' flag (or the blue and white ``alpha'' flag in Federal
waters), or within 200 yards of:
(A) Residential shorelines;
(B) Mangrove fringed islands;
(C) Stationary vessels; or
(D) Signs indicating emergent or shallow reefs.
(v) Operating a vessel in such a manner as to injure or cause
disturbance to wading or nesting birds or marine mammals.
(vi) The prohibitions contained in this paragraph shall not apply
to law enforcement officials while in the performance of enforcement
duties.
(6) Diving without flag. Diving or snorkeling without flying in a
conspicious manner the red and white ``divers down'' flag (or the blue
and white ``alpha'' flag in Federal waters).
(7) Release of exotic species. Introducing or releasing an exotic
species of plant, invertebrate, fish, amphibian, or reptile into the
Sanctuary.
(8) Tampering with markers. Marking, defacing, or damaging in any
way or displacing, removing, or tampering with any signs, notices, or
placards, whether temporary or permanent, or with any navigational
aids, monuments, stakes, posts, mooring buoys, boundary buoys, trap
buoys, or scientific equipment.
(9) Removing or injuring Sanctuary historical resources. Moving,
removing, injuring, or possessing, or attempting to move, remove,
injure, or possess, a Sanctuary historical resource.
(10) Taking or possessing protected wildlife. Taking any marine
mammal, sea turtle, or seabird in or above the Sanctuary, except as
authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16
U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16
U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended,
(MBTA), 16 U.S.C. 703 et seq.
(11) Possession or use of explosives or electrical charges.
Possessing, or using explosives, except powerheads, or releasing
electrical charges within the Sanctuary.
(12) Interfering with law enforcement. Interfering with,
obstructing, delaying or preventing an investigation, search, seizure
or disposition of seized property in connection with enforcement of the
Acts or any regulation or permit issued under the Acts.
(b) Marine Life rule. No person shall harvest, possess, or land any
marine life species, or part thereof, within the Sanctuary, except in
accordance with rules 46-42.001 through 46-42.003, 46-42.0035, and 46-
42.005 through 46-42.007 of the Florida Administrative Code, (set forth
in Appendix VIII to this part), and such rules shall apply mutatis
mutandis (with necessary editorial changes) to all federal and state
waters within the Sanctuary.
(c) Notwithstanding the prohibitions in this Sec. 929.5 and
Sec. 929.6, and any access and use restrictions imposed pursuant
thereto, a person may conduct an activity specifically authorized by,
and conducted in accordance with the scope, purpose, terms, and
conditions of, a National Marine Sanctuary permit issued pursuant to
Sec. 929.10, or a National Marine Sanctuary Historical Resources permit
issued pursuant to Sec. 929.11.
(d) Notwithstanding the prohibitions in this Sec. 929.5 and
Sec. 929.6, and any access and use restrictions imposed pursuant
thereto, a person may conduct an activity specifically authorized by a
valid lease, permit, license, approval, or other authorization in
existence on the effective date of Sanctuary designation and issued by
any Federal, State, or local authority of competent jurisdiction, or by
any valid right of subsistence use or access in existence on the
effective date of Sanctuary designation, provided that the holder of
such authorization or right complies with Sec. 929.14 and with any
terms and conditions on the exercise of such authorization or right
imposed by the Director or designee as a condition of certification as
he or she deems reasonably necessary to achieve the purposes for which
the Sanctuary was designated.
(e) Notwithstanding the prohibitions in this Sec. 929.5 and
Sec. 929.6, and any access and use restrictions imposed pursuant
thereto, a person may conduct an activity specifically authorized by
any valid lease, permit, license, approval, or other authorization
issued after the effective date of Sanctuary designation and issued by
any Federal, State, or local authority of competent jurisdiction,
provided that the applicant complies with Sec. 929.15, the Director or
designee notifies the applicant and authorizing agency that he or she
does not object to issuance of the authorization, and the applicant
complies with any terms and conditions the Director or designee deems
[[Page 16412]] reasonably necessary to protect Sanctuary resources and
qualities. Amendments, renewals and extensions of authorizations in
existence on the effective date of designation constitute
authorizations issued after the effective date.
(f) Notwithstanding paragraph (c) of this section and
Sec. 929.15(a), in no event may the Director or designee issue a permit
under Secs. 929.10, 929.11 or 929.12, or under Section 310 of the NMSA,
authorizing, or otherwise approving, the exploration for, leasing,
development, or production of minerals or hydrocarbons within the
Sanctuary, the disposal of dredged material within the Sanctuary, or
the discharge of untreated or primary treated sewage (except by a
certification, pursuant to Sec. 929.14, of a valid authorization in
existence on the effective date of Sanctuary designation), and any
purported authorizations issued by other authorities after the
effective date of Sanctuary designation for any of these activities
within the Sanctuary shall be invalid.
(g)(1) All military activities shall be carried out in a manner
that avoids to the maximum extent practical any adverse impacts on
Sanctuary resources and qualities. Military activities are activities
conducted by the Department of Defense with or without participation by
foreign forces. The prohibitions in paragraphs (a) and (b) of this
section and Sec. 929.6 do not apply to existing classes of military
activities, which were conducted prior to the effective date of the
regulations in this part, as identified in the Environmental Impact
Statement and Management Plan for the Florida Keys National Marine
Sanctuary. New military activities in the Sanctuary are allowed and may
be exempted from the prohibitions in paragraphs (a) and (b) of this
section and Sec. 929.6 by the Director or designee after consultation
between the Director or designee and the Department of Defense pursuant
to section 304(d) of the NMSA. When a military activity is modified
such that it is likely to destroy, cause the loss of, or injure a
Sanctuary resource in a manner significantly greater than was
considered in a previous consultation under section 304(d) of the NMSA,
or any Sanctuary resource or quality not previously considered in a
previous consultation under section 304(d) of the NMSA, the activity
will be treated as a new activity under this paragraph. If it is
determined that an activity may be carried out, such activity shall be
carried out in a manner that avoids to the maximum extent practical any
adverse impact on Sanctuary resources and qualities. Civil engineering
and other civil works projects conducted by the U.S. Army Corps of
Engineers are excluded from the scope of this paragraph (g)(1).
(2) In the event of threatened or actual destruction of, loss of,
or injury to a Sanctuary resource or quality resulting from an untoward
incident, including but not limited to spills and groundings caused by
the Department of Defense, the cognizant component shall promptly
coordinate with the Director or designee for the purpose of taking
appropriate actions to prevent, respond to or mitigate the harm and, if
possible, restore or replace the Sanctuary resource or quality.
Sec. 929.6 Additional activity regulations by Sanctuary zone.
(a) In addition to the prohibitions set forth in Sec. 929.5, which
apply throughout the Sanctuary, the following requirements in this
Sec. 929.6 apply with respect to activities conducted within the
Sanctuary zones described in this Sec. 929.6 and in Appendices II
through V to this part. Activities conducted in those areas of the
Sanctuary that are located within two or more overlapping Sanctuary
zones shall be concurrently subject to the regulations applicable to
each such overlapping zone.
(b) Existing Management Areas.--(1) Key Largo and Looe Key
Management Areas. The following activities are prohibited within the
Key Largo and Looe Key Management Areas (the former Key Largo and Looe
Key National Marine Sanctuaries as described in Appendix II to this
part):
(i) Removing, taking, damaging, harmfully disturbing, breaking,
cutting, spearing or similarly injuring any coral or other marine
invertebrate, or any plant, soil, rock, or other material, except
commercial taking of spiny lobster and stone crab by trap and
recreational taking of spiny lobster by hand which is consistent with
both the applicable regulations under the appropriate Fishery
Management Plan and the regulations in this part is allowed.
(ii) Taking or collecting any tropical fish.
(iii) Using wire fish traps, bottom trawls, dredges, fish sleds, or
similar vessel-towed or anchored bottom fishing gear or nets.
(iv) Using, carrying or possessing, except while passing without
interruption through the zones or for law enforcement purposes, the
following: Pole spears, air rifles, bows and arrows, slings, Hawaiian
slings, rubber powered arbaletes, pneumatic and spring loaded guns or
similar devices known as spearguns.
(2) Great White Heron and Key West National Wildlife Refuge
Management Areas. Within the Great White Heron and Key West National
Wildlife Refuge Management Areas (The Great White Heron and Key West
National Wildlife Refuges as described in Appendix II to this part),
operating a personal watercraft (PWC), operating an airboat, or water
skiing, except within the following areas:
Township 66 South, Range 29 East, Sections 5, 11, 12 and 14;
Township 66 South, Range 28 East, Section 2;
Township 67 South, Range 26 East, Sections 16 and 20 all Tallahassee
Meridian, is prohibited.
(c) Wildlife Management Areas. (1) Persons conducting activities
within the Wildlife Management Areas described in Appendix III to this
part shall comply with the regulations governing access to, and use of,
such areas, also set forth in Appendix III to this part. The following
activities are prohibited:
(i) Operating a vessel in a wildlife management area designated as
an ``idle/no-wake speed'' zone, in accordance with paragraph (c)(2) of
this section, at a speed greater than idle/no-wake speed as defined in
Sec. 929.3.
(ii) Operating a vessel in a Wildlife Management Area designated as
a ``no motor'' zone, in accordance with paragraph (c)(2) of this
section, using a boat motor powered by combustible fuel, except that
vessels with such motors are permitted access to ``no motor'' zones
only through the use of a push pole, paddle, electric motor or similar
means of operation not involving the use of a gasoline or diesel
powered boat motor.
(iii) Operating a vessel, by any means whatsoever, in a wildlife
management area designated as a ``no access buffer zone'', in
accordance with paragraph (c)(2) of this section.
(2) Access and use restrictions applicable to the Wildlife
Management Areas listed in Appendix III to this part may include the
designation of any such zone as an ``idle/no-wake speed'', a ``no
motor'' or a ``no access buffer'' area. The Director or designee, in
cooperation with other Federal, State, or local resource management
authorities, as appropriate, shall effect such designation by posting
official signs conspicuously, using mounting posts, buoys, or other
means according to location and purpose, at appropriate intervals and
locations. Official signs posted pursuant to this paragraph shall
display the official logo of the Sanctuary. Each such sign shall
clearly delineate such zone as an ``idle/no-wake speed'', a ``no
motor'' or a ``no access [[Page 16413]] buffer'' zone, and shall allow
instant, long-range recognition by boaters.
(3) The Director or designee shall coordinate with other Federal,
State, or local resource management authorities, as appropriate, in the
establishment, management, and enforcement of Wildlife Management
Areas.
(4) The Director or designee may modify the number, location, or
access and use restrictions applicable to Wildlife Management Areas if
the Director or designee finds that such action is reasonably necessary
to minimize disturbances to Sanctuary wildlife, or to ensure protection
and preservation of Sanctuary wildlife consistent with the purposes of
the Sanctuary designation and other applicable law governing the
protection and preservation of wildlife resources in the Sanctuary. The
Director or designee will effect such modification by:
(i) Publishing in the Federal Register, after notice and a request
for public comments in accordance with the Administrative Procedure
Act, an amendment to the list of such areas set forth in Appendix III
to this part, and a notice regarding the time and place where maps
depicting the precise locations of such areas will be made available
for public inspection; and
(ii) Posting official signs designating such areas in accordance
with paragraph (c)(2) of this section.
(d) Sanctuary Preservation Areas and Replenishment Reserves. (1) In
addition to the prohibitions set forth in Sec. 929.5, and the
regulations applicable to any overlapping zones set forth in this
section, the following activities are prohibited within the
Replenishment Reserves described in Appendix IV to this part, and
within the Sanctuary Preservation Areas, described in Appendix V to
this part:
(i) Possessing (regardless of where taken from), moving,
harvesting, removing, taking, damaging, disturbing, breaking, cutting,
spearing, or otherwise injuring any coral, marine invertebrate, fish,
bottom formation, algae, seagrass or other living or dead organism,
including shells, or attempting any of these activities.
(ii) Fishing by any means. However, possession of gear capable of
harvesting fish aboard a vessel, provided such gear is stowed away
prior to entering and during transit through the zone, shall not be
deemed a violation of this prohibition, and no presumption of fishing
activity shall be drawn therefrom.
(iii) Touching living or dead coral, including but not limited to,
standing on a living or dead coral formation.
(iv) Placing any anchor in a way that allows the anchor or any
portion of the anchor apparatus (including the anchor, chain or rope)
to touch living or dead coral, or any sessile organism. When anchoring
dive boats, the first diver down shall inspect the anchor to ensure
that it is not touching living or dead coral, and will not shift in
such a way as to touch such coral or other sessile organisms. No
further diving is permitted until the anchor is placed in accordance
with these requirements.
(2) Vessels shall use mooring buoys or anchoring areas when such
facilities or areas have been designated and are available.
(3) Notwithstanding paragraph (d)(1) of this section, the following
activities are allowed within the Key Largo Replenishment Reserve
described in Appendix IV to this part:
(i) catch and release fishing from the shore to a depth of 12 feet;
and
(ii) harvest of spiny lobster by trap from sand or seagrass bottom
habitats.
(4) The Director or designee may impose a limited access
designation, or temporary area closure, within any Sanctuary
Preservation Area if the Director determines that such action is
reasonably necessary to allow for recovery of the living resources of
such area from the adverse, cumulative effects of concentrated use:
(i) Except for passage without interruption through the area, for
law enforcement or for monitoring pursuant to paragraph (d)(4)(iii) of
this section, no person shall:
(A) Enter a Sanctuary Preservation Area subject to a limited access
designation, except by the use of such mooring buoys or anchoring areas
as are designated and available for use within such area at the time of
the entry; or
(B) Enter a Sanctuary Preservation Area subject to a temporary area
closure, during the pendancy of the area closure.
(ii) In adopting any limited access designation or temporary area
closure pursuant to this paragraph (d)(4), the Director or designee
will determine, on the basis of the best available data, information
and studies, that:
(A) A concentration of use appears to be causing or contributing to
significant degradation of the living resources of the area;
(B) The access restriction or temporary area closure to be imposed
is reasonably necessary to allow recovery of the living resources of
the area.
(iii) The Director or designee will provide for continuous
monitoring of the area during the pendancy of the limited access
designation or temporary area closure.
(iv) The Director or designee will provide public notice of the
limited access designation or temporary area closure through publishing
notice in the Federal Register, and such other means as the Director or
designee may deem appropriate. With respect to a temporary area
closure, the Director or designee will specify the period of such
closure.
(e) Special Use Areas. (1) The Director or designee may set aside
discrete areas of the Sanctuary as Special Use Areas, and, by
designation pursuant to this paragraph (e), impose the use restrictions
specified in paragraph (e)(3) of this section. Special Use Areas are
described in Appendix VI to this part, in accordance with the following
designations and corresponding objectives:
(i) ``Recovery areas'' to provide for the recovery of Sanctuary
resources from degradation or other injury attributable to human uses;
(ii) ``Restoration areas'' to provide for restoration of degraded
or otherwise injured Sanctuary resources;
(iii) ``Research only areas'' to provide for scientific research or
education relating to protection and management; and
(iv) ``Facilitated use areas'' to provide for the prevention of use
or user conflicts or the facilitation of access and use, or to promote
public use and understanding, of Sanctuary resources through the
issuance of Special Use permits pursuant to Sec. 929.12.
(2) The total restricted area shall not exceed a size the Director
or designee deems reasonably necessary to accomplish these objectives.
(3) Persons conducting activities within any Special Use Area shall
comply with the access and use restriction specified in this paragraph
and made applicable to such an area by means of its designation as a
``recovery area'', ``restoration area'', ``research only area'' or
``facilitated use area.'' Except for passage without interruption
through the area and for law enforcement, no person may enter into a
Special Use Area except to conduct or cause to be conducted the
following uses and activities:
(i) Habitat manipulation related to restoration of degraded or
otherwise injured Sanctuary resources, or activities reasonably
necessary to monitor recovery of degraded or otherwise injured
Sanctuary resources within such an area designated as either a
``recovery area'' or a ``restoration area'';
(ii) Scientific research or educational use specifically authorized
by and conducted in accordance with the scope, purpose, terms and
conditions of [[Page 16414]] a valid Sanctuary permit issued pursuant
to Sec. 929.10 or Sec. 929.11 within such an area designated as a
``research only area''; or
(iii) Uses and activities specified by the Director or designee or
specifically authorized by and conducted in accordance with the scope,
purpose, terms, and conditions of a valid special use permit issued
pursuant to Sec. 929.12 within such an area designated as a
``facilitated use area.''
(4) (i) The Director or designee may modify the number, location or
designation applicable to Special Use Zones by publishing in the
Federal Register, after notice and a request for public comments in
accordance with the Administrative Procedure Act, an amendment to
Appendix VI to this part, except that, with respect to such zones
designated as ``recovery areas'', ``restoration areas,'' or ``research
only areas,'' the Director or designee may modify the number, location
or designation of such zones by publishing a notice of such action in
the Federal Register if the Director determines that immediate action
is reasonably necessary to:
(A) Prevent significant injury to Sanctuary resources where
circumstances create an imminent risk to such resources;
(B) Initiate restoration activity where a delay in time would
significantly impair the ability of such restoration activity to
succeed;
(C) Initiate research activity where an unforseen natural event
produces an opportunity for scientific research that may be lost if
research is not initiated immediately.
(ii) If the Director or designee determines that a notice of
modification must be promulgated immediately in accordance with
paragraph (e)(4)(i) of this section, the Director or designee will, as
part of the same notice, invite public comment and specify that
comments will be received for 15 days after the effective date of the
notice. As soon as practicable after the end of the comment period, the
Director will either rescind, modify or allow the modification to
remain unchanged through notice in the Federal Register.
Sec. 929.7 Emergency regulations.
Where necessary to prevent or minimize the destruction of, loss of,
or injury to a Sanctuary resource or quality, or minimize the imminent
risk of such destruction, loss, or injury, any and all activities are
subject to immediate temporary regulation, including prohibition.
Sec. 929.8 Penalties.
(a) Each violation of the NMSA or FKNMSPA, any regulation in this
part, or any permit issued pursuant thereto, is subject to a civil
penalty of not more than $100,000. Each such violation shall be subject
to forfeiture of property or Sanctuary resources seized in accordance
with section 307 of the NMSA. Each day of a continuing violation
constitutes a separate violation.
(b) Regulations setting forth the procedures governing
administrative proceedings for assessment of civil penalties, permit
sanctions and denials for enforcement reasons, issuance and use of
written warnings, and release or forfeiture of seized property appear
at 15 CFR Part 904.
Sec. 929.9 Response costs and damages.
Under Section 312 of the NMSA, any person who destroys, causes the
loss of, or injures any Sanctuary resource is liable to the United
States for response costs, damages, and interest resulting from such
destruction, loss, or injury, and any vessel used to destroy, cause the
loss of, or injure any Sanctuary resource is liable in rem to the
United States for response costs, damages, and interest resulting from
such destruction, loss, or injury.
Sec. 929.10 National Marine Sanctuary Permits; application procedures
and issuance criteria.
(a) A person may conduct an activity prohibited by Sec. 929.5 or
Sec. 929.6 if such activity is specifically authorized by, and provided
such activity is conducted in accordance with the scope, purpose, terms
and conditions of, a permit issued under this Sec. 929.10 or an
Historical Resources permit issued under Sec. 929.11.
(b)(1) The Director or designee, at his or her discretion, may
issue a permit, in accordance with this section, and subject to such
terms and conditions as he or she deems appropriate, to conduct an
activity prohibited by Sec. 929.5 or Sec. 929.6 if the Director or
designee finds that the activity will have only negligible short-term
adverse effects on Sanctuary resources and qualities and will:
(i) Further research or monitoring related to Sanctuary resources
and qualities;
(ii) Further the educational, natural or historical resource value
of the Sanctuary;
(iii) Further salvage or recovery operations in or near the
Sanctuary in connection with a recent air or marine casualty; or
(iv) Assist in managing the Sanctuary.
(2) For activities proposed to be conducted within Replenishment
Reserves or Sanctuary Preservation Areas, the Director or designee
shall further find that such activities will further and are consistent
with the purposes for which such zone was established.
(c) In deciding whether to issue a permit, the Director or designee
may consider:
(1) The professional qualifications and financial ability of the
applicant as related to the proposed activity;
(2) The duration of the activity and the duration of its effects;
(3) The appropriateness of the methods and procedures proposed by
the applicant for the conduct of the activity;
(4) The extent to which the conduct of the activity may diminish or
enhance Sanctuary resources and qualities;
(5) Any indirect, secondary or cumulative effects of the activity;
(6) The end value of the activity; and
(7) Such other factors as he or she deems appropriate depending on
the type of activity proposed in the application.
(d) Applications for permits should be addressed to the Director,
Office of Ocean and Coastal Resource Management; ATTN: Sanctuary
Superintendent, Florida Keys National Marine Sanctuary, P.O. Box
500368, Marathon, FL 33050. All applications must include:
(1) A detailed description of the proposed activity including a
timetable for completion of the activity and the equipment, personnel
and methodology to be employed;
(2) The qualifications and experience of all personnel;
(3) The potential effects of the activity, if any, on Sanctuary
resources and qualities; and
(4) The benefit to be derived from the activity. Copies of all
other required licenses, permits, approvals, or other authorizations
must be attached to the application.
(e) Upon receipt of an application, the Director or designee may
request such additional information from the applicant as he or she
deems reasonably necessary to act on the application and may seek the
views of any persons. The Director or designee may require a site visit
as part of the permit evaluation. Unless otherwise specified, the
information requested must be received by the Director or designee
within 30 days of the postmark date of the request. Failure to provide
such additional information on a timely basis may be deemed by the
Director or designee to constitute abandonment or withdrawal of the
permit application. [[Page 16415]]
(f) A permit issued pursuant to this Sec. 929.10 or Sec. 929.11 is
nontransferable.
(g) The Director or designee may amend, suspend, or revoke a permit
for good cause. The Director or designee may deny a permit application,
in whole or in part, if it is determined that the permittee or
applicant has acted in violation of the terms or conditions of a
previous permit, of the regulations in this part, of the NMSA or
FKNMSA, or for other good cause. Any such action shall be communicated
in writing to the permittee or applicant by certified mail and shall
set forth the reason(s) for the action taken. Procedures governing
permit sanctions and denials for enforcement reasons are set forth in
15 CFR Part 904, subpart D.
(h) Any permit issued pursuant to this Sec. 929.10, Sec. 929.11,
Sec. 929.12, or Section 310 of the NMSA shall be subject to the
following general conditions:
(1) All permitted activities shall be conducted in a manner that
does not destroy, cause the loss of, or injure Sanctuary resources,
except that a permit issued under this Sec. 929.10 or Sec. 929.11 may
authorize negligible short-term adverse effects on Sanctuary resources
and qualities.
(2) The permittee shall agree to hold the United States harmless
against any and all claims arising out of the conduct of the permitted
activities.
(3) The permit shall be issued for a period not exceeding five
years. However, the permittee may request permit renewal or a different
permit pursuant to the same procedure as provided by this Sec. 929.10.
Upon the permittee's request for renewal, the Director or designee
shall: review all annual reports submitted by the permittee pursuant to
paragraph (h)(4) of this section. In order to renew the permit, the
Director or designee must find that the activity will continue to
further the purposes for which the Sanctuary was designated in
accordance with the criteria applicable to the initial issuance of the
permit; ascertain the permittee has at no time violated the permit, or
these regulations; and ascertain the permittee has not destroyed,
caused the loss of, or injured Sanctuary resources while conducting the
permitted activities, except for any negligible short-term adverse
effects on Sanctuary resources and qualities authorized by the permit
pursuant to paragraph (h)(1) of this section.
(4) The permit or a copy thereof shall be displayed on board all
vessels or aircraft used in the conduct of the permitted activity.
(i) In addition to the general conditions listed in paragraphs
(h)(1) through (4) of this section, any permit issued pursuant to this
Sec. 929.10, Sec. 929.11, Sec. 929.12, or Section 310 of the NMSA may
be subject to such specific terms and conditions, including conditions
governing access to, or use of, Sanctuary resources, as the Director or
designee deems reasonably necessary or appropriate and in furtherance
of the purposes for which the Sanctuary is designated. Such conditions
may include, without limitation, a condition that:
(1) Any data or information obtained under the permit shall be made
available to the public;
(2) A NOAA official shall be allowed to observe any activity
conducted under the permit;
(3) The permittee shall submit one or more reports on the status,
progress, or results of any activity authorized by the permit;
(4) The permittee shall submit an annual report to the Director or
designee not later than December 31 of each year on activities
conducted pursuant to the permit. The report shall describe all
activities conducted under the permit and all revenues derived from
such activities during the term of the permit; and/or
(5) The permittee shall purchase and maintain general liability
insurance against any and all claims arising out of the permitted
activities. A copy of the insurance policy shall be submitted to the
Director or designee.
(j) The applicant for or holder of a National Marine Sanctuary or a
National Marine Sanctuary Historical Resources permit may appeal the
denial, conditioning, amendment, suspension or revocation of the permit
in accordance with the procedures set forth in Sec. 929.16.
Sec. 929.11 National Marine Sanctuary Historical Resources Permits;
exploration, research/recovery, research/recovery/transfer; application
procedures and issuance criteria.
(a) The Director or designee, at his or her discretion, may issue a
research/exploration, research/recovery, or research/recovery/transfer
permit, in accordance with this Sec. 929.11, and subject to such terms
and conditions as he or she deems appropriate, to conduct an activity
specified under this Sec. 929.11 and prohibited by Secs. 929.5 or
929.6. Activities conducted pursuant to a permit issued under this
Sec. 929.11 shall be consistent and conform with the [proposed]
Procedures for Submerged Cultural Resources Agreement Among NOAA, The
Advisory Council on Historic Preservation, and the State of Florida on
Submerged Cultural Resources (hereinafter SCR Agreement). This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The SCR
Agreement is reproduced as an appendix to the ``Regulatory Action
Plan'' set forth in Volume 1 of the [draft] Florida Keys National
Marine Sanctuary Management Plan, dated March 1995. Copies of the SCR
Agreement may be inspected at, and obtained from, the Sanctuaries and
Reserves Division, Office of Ocean and Coastal Resource Management,
National Ocean Service, National Oceanic and Atmospheric
Administration, 1305 East-West Highway, 12th floor, Silver Spring, MD
20910 or from the Florida Keys National Marine Sanctuary Office, P.O.
Box 500368, Marathon, FL 33050. The SCR Agreement is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.1
\1\The incorporation by reference will be submitted to the
Office of the Federal Register for approval.
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(b) Applications for research/recovery and research/recovery/
transfer permits shall follow the procedures listed in Sec. 929.10 (d)
through (g).
(c) Any permit issued pursuant to this Sec. 929.11 shall be subject
to the general conditions listed in Sec. 929.10(h) (1) through (4), and
any special conditions that may be imposed by the Director or designee
in accordance with Sec. 929.10(i). In addition, the following general
conditions shall apply to all research/recovery and research/recovery/
transfer permits:
(1) The permittee shall post a performance bond commensurate with
the scope of work to cover costs associated with the recovery. The bond
shall be released only after the project is completed according to the
agreed-upon terms, the artifacts are conserved, and a final report is
delivered and approved by Director or designee in accordance with the
SCR Agreement; and
(2) The permittee, at his or her own expense, shall provide secure
storage of the artifacts recovered pursuant to research/recovery or
research/recovery/transfer permit, and the permittee shall obtain
insurance for the artifacts equivalent to the fair market value as
determined by a qualified objective assessor. Such assessor shall be
identified or approved by the Director or designee.
(d) Survey and Inventory Permits. (1) The Director or designee may
issue a survey and inventory permit to conduct non-intrusive survey
activities that will not include excavation, removal, or
[[Page 16416]] recovery of historical resources, nor result in
destruction of, loss of, or injury to Sanctuary resources.
(2) Survey and inventory reports and daily logs must be prepared
describing the activities conducted pursuant and results obtained from
the activities authorized in the exploration permit. Copies of the
report and daily logs and any other data derived from the survey shall
be delivered in a timely manner pursuant to a deadline proscribed in
the permit and will be stored in a repository to be named in the
permit.
(e) Research/Recovery Permits. (1) Recovery of historical resources
will only be permitted when developed in conjunction with research to
preserve the historic information for public use. Intrusive research
and/or recovery will be permitted based upon a balancing of factors and
criteria to determine whether the goals of preservation, research,
education, and public access are better served by permitting this type
of activity as opposed to leaving the historic resource in place.
(2) For sites where no prior federally adjudicated claim exists,
and for federally adjudicated admiralty claim sites within the
Sanctuary, the following minimum requirements apply as general permit
conditions and may be subject to separate approval, as specified by the
Director or designee:
(i) The applicant must have secured Federal, State, and local
permits from all agencies with jurisdiction over the proposed
activities;
(ii) A professional archaeologist must be in charge of planning,
conducting, and supervising field operations, analysis;
(iii) A conservation laboratory must be in place before field
operations are begun, and a professional nautical conservator must be
in charge of planning, conducting, and supervising the conservation of
any artifacts and other materials recovered;
(iv) A curation agreement with a museum or facility for curation,
display, and maintenance of the recovered historical resources must be
in place before field operations have begun;
(v) The site's archaeological information must be fully documented,
including measured drawings, site maps drawn to professional standards,
and a photographic record;
(vi) Final reports must be prepared describing research design,
methodology, laboratory analyses, findings, and other items. These
reports shall be delivered in a timely manner pursuant to a deadline
proscribed in the permit;
(vii) Copies of all reports, site maps, field notes, and other data
and records derived from the project will be stored in a repository to
be named in the permit.
(f) Research/Recovery/Transfer Permits. (1) Agreements for the
curation and display of recovered historical resources may provide for
the release of public artifacts for private sale transfer if such sale
transfer is consistent with preservation, research, education, or other
purposes of the designation and management of the Sanctuary. Sale
distribution of historical resources shall be executed pursuant to the
SCR Agreement.
(2) All research/recovery/transfer permits shall be subject to the
requirements in paragraph (e) of this section.
(3) All research/recovery/transfer permits shall be subject to the
requirements for special use permits listed in Sec. 929.12 (c) through
(f).
Sec. 929.12 Special Use Permits.
(a)(1) The Director or designee may require a special use permit in
order to conduct a concession-type, commercial activity within the
Sanctuary if the Director or designee determines such authorization is
reasonably necessary:
(i) To establish conditions of access to and use of any Sanctuary
resource; or
(ii) To promote public use and understanding of any Sanctuary
resource.
(2) No permit may be issued unless the activity is compatible with
the purposes for which the Sanctuary was designated and can be
conducted in a manner that does not destroy, cause the loss of, or
injure any Sanctuary resource.
(b) Applications for such permits shall follow the procedures
listed in Sec. 929.10(d) through (g).
(c) Any special use permit issued pursuant to this Sec. 929.12
shall be subject to the general conditions listed in Sec. 929.10(h)(1)
through (4), and any special conditions that may be imposed by the
Director or designee in accordance with Sec. 929.10(i).
(d) The Director or designee may assess and collect fees for the
conduct of any activity authorized by a special use permit issued
pursuant to this Sec. 929.12. No special use permit shall be effective
until all assessed fees are paid, unless otherwise provided by the
Director or designee by a fee schedule set forth as a permit condition.
(e) In assessing a fee under paragraph (f) of this section, the
Director or designee shall include:
(1) All costs incurred, or expected to be incurred, in reviewing
and processing the permit application, including costs for:
(i) Number of personnel;
(ii) Personnel hours;
(iii) Equipment;
(iv) Biological assessments;
(v) Copying; and
(vi) Overhead directly related to reviewing and processing the
permit application;
(2) All costs incurred, or expected to be incurred, by the Director
or designee as a direct result of the conduct of the activity for which
the special use permit was issued, including, but not limited to:
(i) The cost of monitoring the conduct both during and after the
activity is completed in order to assess the impacts to Sanctuary
resources;
(ii) The use of an official NOAA observer, including travel and
expenses and personnel hours; and
(iii) Overhead costs directly related to the permitted activity;
and
(3) An amount which represents the fair market value of the use of
the Sanctuary resource and a reasonable return to the United States
Government.
(f) Special-use permits may not be transferred, sold, or assigned
except with the written approval of the Director or designee. The
permittee shall provide the Director or designee with written notice of
any such transfer, sale, or assignment no less than 30 days prior to
its proposed consummation. Transfers, sales, or assignments consummated
in violation of this requirement shall be considered a material breach
of the special-use permit, and the permit shall be considered void as
of the consummation of any such transfer, sale, or assignment.
(g) Nothing in this Sec. 929.12 shall be considered to require a
person to obtain a permit under this Sec. 929.12 for the conduct of any
fishing activities within the Sanctuary.
Sec. 929.13 Sanctuary registry; research notice.
Any person conducting research in the Sanctuary, including such
research not involving activities prohibited by Secs. 929.5 or 929.6,
may voluntarily register with the appropriate Sanctuary field office.
Such registration should include the type of research being conducted,
location of research area, and name, addressee, and contact telephone
numbers of the principal investigator or research expedition leader.
Upon registration, the Sanctuary office will issue a research flag to
be used while conducting research within the Sanctuary. The flag must
be returned upon completion of all research activities. Copies of
research results, abstracts, and reports may be submitted to the
Sanctuary field office [[Page 16417]] to be retained for Sanctuary
management purposes, public observation, and peer review.
Sec. 929.14 Certification of pre-existing leases, licenses, permits,
approvals, other authorizations, or rights to conduct a prohibited
activity.
(a) A person may conduct an activity prohibited by Secs. 929.5 or
Sec. 929.6 if such activity is specifically authorized by a valid
lease, permit, license, approval, or other authorization in existence
on the effective date of Sanctuary designation and issued by any
Federal, State, or local authority of competent jurisdiction, or by any
valid right of subsistence use or access in existence on the effective
date of Sanctuary designation, provided that:
(1) The holder of such authorization or right notifies the Director
or designee, in writing, within 90 days of the effective date of the
regulations in this part, of the existence of such authorization or
right and requests certification of such authorization or right;
(2) The holder complies with the other provisions of this
Sec. 929.14; and
(3) The holder complies with any terms and conditions on the
exercise of such authorization or right imposed as a condition of
certification, by the Director or designee, to achieve the purposes for
which the Sanctuary was designated.
(b) The holder of a valid lease, permit, license, approval, or
other authorization in existence on the effective date of Sanctuary
designation and issued by any Federal, State or local authority of
competent jurisdiction, or of any valid right of subsistence use or
access in existence on the effective date of Sanctuary designation,
authorizing an activity prohibited by Sec. 929.5 or Sec. 929.6 may
conduct the activity without being in violation of specified provisions
of Sec. 929.5 or Sec. 929.6, pending final agency action on his or her
certification request, provided the holder is in compliance with this
Sec. 929.14.
(c) Any holder of a valid lease, permit, license, approval, or
other authorization in existence on the effective date of Sanctuary
designation and issued by any Federal, State, or local authority of
competent jurisdiction, or any holder of a valid right of subsistence
use or access in existence on the effective date of Sanctuary
designation, may request the Director or designee to issue a finding as
to whether the activity for which the authorization has been issued, or
the right given, is prohibited under Sec. 929.5 or Sec. 929.6.
(d) Requests for findings or certifications should be addressed to
the Director, Office of Ocean and Coastal Resource Management; ATTN:
Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource
Management, National Ocean Service, National Oceanic and Atmospheric
Administration, 1305 East-West Highway, Silver Spring, Maryland 20910.
A copy of the lease, permit, license, approval, or other authorization
must accompany the request.
(e) The Director or designee may request additional information
from the certification requester as he or she deems reasonably
necessary to condition appropriately the exercise of the certified
authorization or right to achieve the purposes for which the Sanctuary
was designated. The information requested must be received by the
Director or designee within 45 days of the postmark date of the
request. The Director or designee may seek the views of any persons on
the certification request.
(f) The Director or designee may amend any certification made under
this Sec. 929.14 whenever additional information becomes available
justifying such an amendment.
(g) The Director or designee shall communicate any decision on a
certification request or any action taken with respect to any
certification made under this Sec. 929.14, in writing, to both the
holder of the certified lease, permit, license, approval, other
authorization, or right, and the issuing agency, and shall set forth
the reason(s) for the decision or action taken.
(h) Any time limit prescribed in or established under this
Sec. 929.14 may be extended by the Director or designee for good cause.
(i) The holder may appeal any action conditioning, amending,
suspending, or revoking any certification in accordance with the
procedures set forth in Sec. 929.16.
(j) Any amendment, renewal, or extension not in existence on the
effective date of Sanctuary designation of a lease, permit, license,
approval, other authorization, or right is subject to the provisions of
Sec. 929.15.
Sec. 929.15 Notification and review of applications for leases,
licenses, permits, approvals, or other authorizations to conduct a
prohibited activity.
(a) A person may conduct an activity prohibited by Secs. 929.5 or
929.6 if such activity is specifically authorized by any valid lease,
permit, license, approval, or other authorization issued after the
effective date of Sanctuary designation by any Federal, State, or local
authority of competent jurisdiction, provided that:
(1) The applicant notifies the Director or designee, in writing, of
the application for such authorization (and of any application for an
amendment, renewal, or extension of such authorization) within fifteen
(15) days of the date of filing of the application or of the effective
date of the regulations in this part, whichever is later;
(2) The applicant complies with the other provisions of this
Sec. 929.15;
(3) The Director or designee notifies the applicant and authorizing
agency that he or she does not object to issuance of the authorization
(or amendment, renewal, or extension); and
(4) The applicant complies with any terms and conditions the
Director or designee deems reasonably necessary to protect Sanctuary
resources and qualities.
(b) Any potential applicant for a lease, permit, license, approval,
or other authorization from any Federal, State, or local authority (or
for an amendment, renewal, or extension of such authorization) may
request the Director or designee to issue a finding as to whether the
activity for which an application is intended to be made is prohibited
by Secs. 929.5 or 929.6.
(c) Notification of filings of applications should be addressed to
the Director, Office of Ocean and Coastal Resource Management; ATTN:
Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource
Management, National Ocean Service, National Oceanic and Atmospheric
Administration, 1305 East-West Highway, Silver Spring, Maryland 20910.
A copy of the application must accompany the notification.
(d) The Director or designee may request additional information
from the applicant as he or she deems reasonably necessary to determine
whether to object to issuance of such lease, license, permit, approval,
or other authorization (or to issuance of an amendment, extension, or
renewal of such authorization), or what terms and conditions are
reasonably necessary to protect Sanctuary resources and qualities. The
information requested must be received by the Director or designee
within 45 days of the postmark date of the request. The Director or
designee may seek the views of any persons on the application.
(e) The Director or designee shall notify, in writing, the agency
to which application has been made of his or her review of the
application and possible objection to issuance. After review of the
application and information received with respect thereto, the Director
or designee shall notify both the agency and applicant, in writing,
[[Page 16418]] whether he or she has an objection to issuance and what
terms and conditions he or she deems reasonably necessary to protect
Sanctuary resources and qualities. The Director or designee shall state
the reason(s) for any objection or the reason(s) that any terms and
conditions are deemed reasonably necessary to protect Sanctuary
resources and qualities.
(f) The Director or designee may amend the terms and conditions
deemed reasonably necessary to protect Sanctuary resources and
qualities whenever additional information becomes available justifying
such an amendment.
(g) Any time limit prescribed in or established under this
Sec. 929.15 may be extended by the Director or designee for good cause.
(h) The applicant may appeal any objection by, or terms or
conditions imposed by, the Director or designee to the Assistant
Administrator or designee in accordance with the provisions set forth
in Sec. 929.16.
Sec. 929.16 Appeals of administrative action.
(a) Except for permit actions taken for enforcement reasons (see 15
CFR part 904, subpart D, for applicable procedures), an applicant for,
or a holder of, a Sec. 929.10 Sanctuary permit, an applicant for, or a
holder of, a Sec. 929.11 Sanctuary Historical Resources Permit, an
applicant for, or a holder of, a Sec. 929.12 Special Use Permit, a
Sec. 929.14 certification requester, or a Sec. 929.15 applicant
(hereinafter appellant) may appeal to the Assistant Administrator or
designee:
(1) The denial, conditioning, amendment, suspension, or revocation
by the Director or designee of a National Marine Sanctuary, National
Marine Sanctuary Historical Resources or Special Use Permit;
(2) The conditioning, amendment, suspension, or revocation of a
certification under Sec. 929.14; or
(3) The objection to issuance or the imposition of terms and
conditions under Sec. 929.15.
(b) An appeal under paragraph (a) of this section must be in
writing, state the action(s) by the Director or designee appealed and
the reason(s) for the appeal, and be received within 30 days of receipt
of notice of the action by the Director or designee. Appeals should be
addressed to the Assistant Administrator, Office of Ocean and Coastal
Resource Management, ATTN: Sanctuaries and Reserves Division, Office of
Ocean and Coastal Resource Management, National Ocean Service, National
Oceanic and Atmospheric Administration, 1305 East-West Highway, Silver
Spring, MD 20910.
(c) While the appeal is pending, appellants may not conduct their
activities without being subject to the prohibitions in Sec. Sec. 929.5
and 929.6.
(d) The Assistant Administrator or designee may request the
appellant to submit such information as the Assistant Administrator or
designee deems reasonably necessary in order for him or her to decide
the appeal. The information requested must be received by the Assistant
Administrator or designee within 45 days of the postmark date of the
request. The Assistant Administrator may seek the views of any other
persons. The Assistant Administrator or designee may hold an informal
hearing on the appeal. If the Assistant Administrator or designee
determines that an informal hearing should be held, the Assistant
Administrator or designee may designate an officer before whom the
hearing shall be held. The hearing officer shall give notice in the
Federal Register of the time, place, and subject matter of the hearing.
The appellant and the Director or designee may appear personally or by
counsel at the hearing and submit such material and present such
arguments as deemed appropriate by the hearing officer. Within 60 days
after the record before the hearing officer closes, the hearing officer
shall recommend a decision in writing to the Assistant Administrator or
designee.
(e) The Assistant Administrator or designee shall decide the appeal
using the same regulatory criteria as for the initial decision and
shall base the appeal decision on the record before the Director or
designee and any information submitted regarding the appeal, and if a
hearing has been held, on the record before the hearing officer and the
hearing officer's recommended decision. The Assistant Administrator or
designee shall notify the appellant of the final decision and the
reason(s) therefor in writing. The Assistant Administrator or
designee's decision shall constitute final agency action for purposes
of the Administrative Procedure Act.
(f) Any time limit prescribed in or established under this section
other than the 30 day limit for filing an appeal may be extended by the
Assistant Administrator, designee, or hearing officer for good cause.
Appendix I to Part 929--Florida Keys National Marine Sanctuary
Boundary Coordinates
(Appendix Based on North American Datum of 1983.)
The boundary of the Florida Keys National Marine Sanctuary--
(a) begins at the northeasternmost point of Biscayne National
Park located at approximately 25 degrees 39 minutes north latitude,
80 degrees 5 minutes west longitude, then runs eastward to the 300-
foot isobath located at approximately 25 degrees 39 minutes north
latitude, 80 degrees 4 minutes west longitude;
(b) then runs southward and connects in succession the points at
the following coordinates:
(i) 25 degrees 34 minutes north latitude, 80 degrees 4 minutes
west longitude,
(ii) 25 degrees 28 minutes north latitude, 80 degrees 5 minutes
west longitude, and
(iii) 25 degrees 21 minutes north latitude, 80 degrees 7 minutes
west longitude;
(iv) 25 degrees 16 minutes north latitude, 80 degrees 8 minutes
west longitude;
(c) then runs southwesterly approximating the 300-foot isobath
and connects in succession the points at the following coordinates:
(i) 25 degrees 7 minutes north latitude, 80 degrees 13 minutes
west longitude,
(ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes
west longitude,
(iii) 24 degrees 39 minutes north latitude, 80 degrees 52
minutes west longitude,
(iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes
west longitude,
(v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes
west longitude,
(vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes
west longitude,
(vii) 24 degrees 37 minutes north latitude, 83 degrees 6 minutes
west longitude,
(viii) 24 degrees 40 minutes north latitude, 83 degrees 6
minutes west longitude,
(ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes
west longitude,
(x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes
west longitude,
(xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes
west longitude, and
(xii) 24 degrees 55 minutes north latitude, 80 degrees 56
minutes west longitude;
(d) then follows the boundary of Everglades National Park in a
southerly then northeasterly direction through Florida Bay,
Buttonwood Sound, Tarpon Basin, and Blackwater Sound;
(e) after Division Point, then departs from the boundary of
Everglades National Park and follows the western shoreline of
Manatee Bay, Barnes Sound, and Card Sound;
(f) then follows the southern boundary of Biscayne National Park
to the southeasternmost point of Biscayne National Park; and
(g) then follows the eastern boundary of Biscayne National Park
to the beginning point specified in paragraph (a) of this Appendix.
Appendix II to Part 929---Existing Management Areas
The four (4) areas are identified as follows:
National Oceanic and Atmospheric Administration
Pre-existing National Marine Sanctuaries:
(1) Key Largo National Marine Sanctuary (see 15 CFR Part 929, as
revised January 1, 1995). [[Page 16419]]
(2) Looe Key National Marine Sanctuary (see 15 CFR Part 937, as
revised January 1, 1995).
United States Fish and Wildlife Service
(3) Great White Heron National Wildlife Refuge
(4) Key West National Wildlife Refuge
Appendix III to Part 929---Wildlife Management Areas
The twenty-six (26) zones are described as follows:
------------------------------------------------------------------------
Area Measure
------------------------------------------------------------------------
(1) Bay Keys............ No motor zone (300 feet) around one island;
Idle/no-wake speed in tidal creeks
(2) Boca Grande Key..... Close south one-half of the beach.
(3) Woman Key........... Close east one-half of the beach and sand spit
(southeast side).
(4) Cayo Agua Keys...... Idle/ no-wake speed zone in all tidal creeks.
(5) Cotton Key.......... No motor zone on tidal flat.
(6) Snake Creek......... Do.
(7) Cottrell Key........ No motor zone (300 feet) around entire island.
(8) Little Mullet Key... No access buffer zone (300 feet) around entire
island.
(9) Big Mullet Key...... No motor zone (300 feet) around entire island.
(10) Crocodile Lake..... No access buffer zone (300 feet) along
shoreline.
(11) East Harbor Key.... No access buffer zone (300 feet) around
northernmost island.
(12) Lower Harbor Keys.. Idle/ no-wake speed zone in all tidal creeks.
(13) Horseshoe Key...... No access buffer zone (300 feet) around main
island.
(14) Marquesas Keys..... (i) No motor zones (300 feet) around 3 small
islands on western side of chain; (ii) no
access buffer zone (300 feet) around one
island at western side of chain; (iii) idle/
no-wake speed zone through one tidal creek on
southern side of chain.
(15) Tidal flat south of
Marvin Key. No access buffer zone. .
(16) Mud Keys (i)....... Idle/ no-wake speed zones in 2 main creeks;
(ii) No access in 2 smaller creeks.
(17) Pelican Shoal...... No landing and no access out to 50 feet from
shore between April 1 and September 15.
(18) Rodriguez Key...... No motor zone on tidal flat.
(19) Dove Key........... No motor zone on tidal flat; No access zone
around the two small islands.
(20) Tavernier Key...... No motor zone on tidal flat.
(21) Sawyer Keys........ Close tidal creeks on south side.
(22) Snipe Keys (tidal (i) Idle no-wake speed zone in main tidal
creeks north of Outer creek; (ii) No motor zone elsewhere.
narrows).
(23) Upper Harbor Key... No access buffer zone (300 feet) around entire
island.
(24) East Content Keys.. Idle/ no-wake speed zones in tidal creeks
between southwesternmost islands.
(25) West Content Keys.. Idle/ no-wake speed zones in tidal creeks; no
access buffer zone in one cove.
(26) Little Crane Key... No access buffer zone (300 feet) around entire
island.
------------------------------------------------------------------------
Appendix IV to Part 929---Replenishment Reserves
The three (3) zones consist of those portions of the Sanctuary
which are located within the following geographic boundary
coordinates based on North American Datum of 1983:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
Key Largo
1........................................... 25 deg.17.7'
N 80 deg.16.9'
W
2........................................... 25 deg.15.2'
N 80 deg.11.2'
W
3........................................... 25 deg.11.6'
N 80 deg.13.3'
W
4........................................... 25 deg.14.3'
N 80 deg.19.0'
W
Sambos
1........................................... 24 deg.33.70
'N 81 deg.40.80
'W
2........................................... 24 deg.28.70
'N 81 deg.41.90
'W
3........................................... 24 deg.28.50
'N 81 deg.43.70
'W
4........................................... 24 deg.33.50
'N 81 deg.43.10
'W
Dry Tortugas
1........................................... 24 deg.45.70
'N 82 deg.45.00
'W
2........................................... 24 deg.22.20
'N 82 deg.45.00
'W
3........................................... 24 deg.22.00
'N 82 deg.48.00
'W
4........................................... 24 deg.25.30
'N 82 deg.52.00
'W
5........................................... 24 deg.34.00
'N 82 deg.52.00
'W
6........................................... 24 deg.34.00
'N 82 deg.54.00
'W
7........................................... 24 deg.37.00
'N 82 deg.48.00
'W
8........................................... 24 deg.40.00
'N 82 deg.46.00
'W
9........................................... 24 deg.42.00
'N 82 deg.46.00
'W
10.......................................... 24 deg.43.90
'N 82 deg.48.00
'W
11.......................................... 24 deg.43.50
'N 82 deg.52.00
'W
12.......................................... 24 deg.45.90
'N 82 deg.52.00
'W
------------------------------------------------------------------------
Appendix V to Part 929---Sanctuary Preservation Areas
The nineteen (19) zones consist of those portions of the
Sanctuary which are located within the following geographic boundary
coordinates based on North American Datum of 1983:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
Alligator Reef
1........................................... 24 deg.51.2'
N 80 deg.37.1'
W
2........................................... 24 deg.50.8'
N 80 deg.36.8'
W
3........................................... 24 deg.50.4'
N 80 deg.37.3'
W
Carysfort/South Carysfort Reef
1........................................... 25 deg.14.1'
N 80 deg.12.6'
W
2........................................... 25 deg.13.7'
N 80 deg.12.2'
W
3........................................... 25 deg.12.2'
N 80 deg.13.4'
W
4........................................... 25 deg.12.5'
N 80 deg.13.8'
W
Cheeca Rocks
1........................................... 24 deg.54.5'
N 80 deg.37.6'
W
2........................................... 24 deg.54.3'
N 80 deg.37.5'
W
3........................................... 24 deg.54.2'
N 80 deg.37.7'
W
4........................................... 24 deg.54.5'
N 80 deg.37.8'
W
Coffins Patch
1........................................... 24 deg.41.1'
N 80 deg.57.5'
W
2........................................... 24 deg.40.6'
N 80 deg.58.4'
W
3........................................... 24 deg.41.5'
N 80 deg.57.7'
W
4........................................... 24 deg.41.1'
N 80 deg.58.6'
W
Conch Reef
1........................................... 24 deg.57.5'
N 80 deg.27.4'
W
2........................................... 24 deg.57.4'
N 80 deg.27.3'
W
3........................................... 24 deg.57.0'
N 80 deg.27.7'
W
4........................................... 24 deg.56.9'
N 80 deg.27.6'
W
Davis Reef
1........................................... 24 deg.55.6'
N 80 deg.30.3'
W
2........................................... 24 deg.55.3'
N 80 deg.30.0'
W
3........................................... 24 deg.55.1'
N 80 deg.30.4'
W
4........................................... 24 deg.55.4'
N 80 deg.30.7'
W
Dry Rocks
1........................................... 25 deg.7.6'N 80 deg.17.9'
W
2........................................... 25 deg.7.4'N 80 deg.17.7'
W
3........................................... 25 deg.7.3'N 80 deg.17.8'
W
4........................................... 25 deg.7.4'N 80 deg.18.1'
W
Grecian Rocks
1........................................... 25 deg.6.9'N 80 deg.18.2'
W
2........................................... 25 deg.6.6'N 80 deg.17.9'
W
3........................................... 25 deg.6.1'N 80 deg.18.5'
W
4........................................... 25 deg.6.2'N 80 deg.18.6'
W
5........................................... 25 deg.6.8'N 80 deg.18.6'
W
Eastern Dry Rocks
1........................................... 24 deg.27.9'
N 81 deg.50.5'
W
2........................................... 24 deg.27.7'
N 81 deg.50.4'
W
3........................................... 24 deg.27.5'
N 81 deg.50.6'
W
4........................................... 24 deg.27.7'
N 81 deg.50.8'
W
The Elbow
1........................................... 25 deg.9.1'N 80 deg.15.4'
W
2........................................... 25 deg.8.9'N 80 deg.15.1'
W
3........................................... 25 deg.8.1'N 80 deg.15.7'
W
4........................................... 25 deg.8.8'N 80 deg.15.7'
W
French Reef
1........................................... 25 deg.2.2'N 80 deg.20.6'
W
2........................................... 25 deg.1.8'N 80 deg.21.0'
W
3........................................... 25 deg.2.3'N 80 deg.21.2'
W
Hen and Chickens
1........................................... 24 deg.56.4'
N 80 deg.32.9'
W
2........................................... 24 deg.56.2'
N 80 deg.32.7'
W
3........................................... 24 deg.55.7'
N 80 deg.33.1'
W
4........................................... 24 deg.55.9'
N 80 deg.33.3'
W
Looe Key
1........................................... 24 deg.33.2'
N 81 deg.24.2'
W
[[Page 16420]]
2........................................... 24 deg.32.6'
N 81 deg.24.1'
W
3........................................... 24 deg.32.4'
N 81 deg.24.7'
W
4........................................... 24 deg.33.1'
N 81 deg.24.8'
W
Molasses Reef
1........................................... 25 deg.0.9'N 80 deg.22.4'
W
2........................................... 25 deg.0.7'N 80 deg.22.0'
W
3........................................... 25 deg.0.2'N 80 deg.22.8'
W
4........................................... 25 deg.0.7'N 80 deg.22.8'
W
Newfound Harbor Key
1........................................... 24 deg.37.1'
N 81 deg.23.3'
W
2........................................... 24 deg.36.7'
N 81 deg.23.8'
W
3........................................... 24 deg.36.8'
N 81 deg.23.3'
W
4........................................... 24 deg.36.9'
N 81 deg.23.9'
W
Rock Key
1........................................... 24 deg.27.5'
N 81 deg.51.3'
W
2........................................... 24 deg.27.3'
N 81 deg.51.2'
W
3........................................... 24 deg.27.2'
N 81 deg.51.5'
W
4........................................... 24 deg.27.5'
N 81 deg.51.6'
W
Sand Key
1........................................... 24 deg.27.6'
N 81 deg.53.1'
W
2........................................... 24 deg.27.0'
N 81 deg.53.1'
W
3........................................... 24 deg.27.0'
N 81 deg.52.3'
W
4........................................... 24 deg.27.6'
N 81 deg.52.3'
W
Sombrero Key
1........................................... 24 deg.37.8'
N 81 deg.6.7'W
2........................................... 24 deg.37.3'
N 81 deg.6.1'W
3........................................... 24 deg.37.1'
N 81 deg.6.8'W
Western Sambo
1........................................... 24 deg.29.1'
N 81 deg.42.6'
W
2........................................... 24 deg.28.8'
N 81 deg.42.4'
W
3........................................... 24 deg.28.6'
N 81 deg.43.2'
W
4........................................... 24 deg.28.9'
N 81 deg.43.4'
W
------------------------------------------------------------------------
Appendix VI to Part 929---Special Use Areas
The four (4) zones consist of those portions of the Sanctuary
which are located within the following geographic boundary
coordinates based on North American Datum of 1983:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
Conch Reef (Research Only)
1........................................... 24 deg.57.4'
N 80 deg.27.3'
W
2........................................... 24 deg.57.0'
N 80 deg.27.0'
W
3........................................... 24 deg.56.7'
N 80 deg.27.4'
W
4........................................... 24 deg.57.0'
N 80 deg.27.7'
W
Looe Key (Research Only)
1........................................... 24 deg.34.1'
N 81 deg.23.3'
W
2........................................... 24 deg.34.0'
N 81 deg.23.2'
W
3........................................... 24 deg.33.8'
N 81 deg.23.8'
W
4........................................... 24 deg.34.0'
N 81 deg.23.9'
W
Pelican Shoal (Research Only)
1........................................... 24 deg.30.3'
N 81 deg.37.7'
W
2........................................... 24 deg.30.0'
N 81 deg.37.7'
W
3........................................... 24 deg.30.0'
N 81 deg.38.0'
W
4........................................... 24 deg.30.2'
N 81 deg.38.0'
W
Tennessee Reef (Research Only)
1........................................... 24 deg.45.9'
N 80 deg.45.6'
W
2........................................... 24 deg.45.7'
N 80 deg.45.4'
W
3........................................... 24 deg.46.0'
N 80 deg.44.9'
W
4........................................... 24 deg.46.2'
N 80 deg.45.1'
W
------------------------------------------------------------------------
Appendix VII to Part 929---Coordinates for the Area to be Avoided
In the Vicinity of the Florida Keys
(Reference Charts: United States 11466, 27th Edition--September
1, 1990 and United States 11450, 4th Edition--August 11, 1990.)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
1 25 deg.45.00'N 80 deg.06.10'W.............
2 25 deg.38.70'N 80 deg.02.70'W.............
3 25 deg.22.00'N 80 deg.03.00'W.............
4 25 deg.00.20'N 80 deg.13.40'W.............
5 24 deg.37.90'N 80 deg.47.30'W.............
6 24 deg.29.20'N 81 deg.17.30'W.............
7 24 deg.22.30'N 81 deg.43.17'W.............
8 24 deg.28.00'N 81 deg.43.17'W.............
9 24 deg.28.70'N 81 deg.43.50'W.............
10 24 deg.29.80'N 81 deg.43.17'W............
11 24 deg.33.10'N 81 deg.35.15'W............
12 24 deg.33.60'N 81 deg.26.00'W............
13 24 deg.38.20'N 81 deg.07.00'W............
14 24 deg.43.20'N 80 deg.53.20'W............
15 24 deg.46.10'N 80 deg.46.15'W............
16 24 deg.51.10'N 80 deg.37.10'W............
17 24 deg.57.50'N 80 deg.27.50'W............
18 25 deg.09.90'N 80 deg.16.20'W............
19 25 deg.24.00'N 80 deg.09.10'W............
20 25 deg.31.50'N 80 deg.07.00'W............
21 25 deg.39.70'N 80 deg.06.85'W............
22 25 deg.45.00'N 80 deg.06.10'W............
------------------------------------------------------------------------
In the Vicinity of Key West Harbor
(Reference Chart: United States 11434, 21st Edition--August 11,
1990.)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
23 24 deg.27.95'N 81 deg.48.65'W............
24 24 deg.23.00'N 81 deg.53.50'W............
25 24 deg.26.60'N 81 deg.58.50'W............
26 24 deg.27.75'N 81 deg.55.70'W............
27 24 deg.29.35'N 81 deg.53.40'W............
28 24 deg.29.35'N 81 deg.50.00'W............
29 24 deg.27.95'N 81 deg.48.65'W............
------------------------------------------------------------------------
Area Surrounding the Marquesas Keys
(Reference Chart: United States 11434, 21st Edition--August 11,
1990.)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
30 24 deg.26.60'N 81 deg.59.55'W............
31 24 deg.23.00'N 82 deg.03.50'W............
32 24 deg.23.60'N 82 deg.27.80'W............
33 24 deg.34.50'N 82 deg.37.50'W............
34 24 deg.43.00'N 82 deg.26.50'W............
35 24 deg.38.31'N 81 deg.54.06'W............
36 24 deg.37.91'N 81 deg.53.40'W............
37 24 deg.36.15'N 81 deg.51.78'W............
38 24 deg.34.40'N 81 deg.50.60'W............
39 24 deg.33.44'N 81 deg.49.73'W............
40 24 deg.31.20'N 81 deg.52.10'W............
41 24 deg.28.70'N 81 deg.56.80'W............
42 24 deg.26.60'N 81 deg.59.55'W............
------------------------------------------------------------------------
Area Surrounding the Dry Tortugas Islands
(Reference Chart: United States 11434, 21st Edition--August 11,
1990.)
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
43 24 deg.32.00'N 82 deg.53.50'W............
44 24 deg.32.00'N 83 deg.00.05'W............
45 24 deg.39.70'N 83 deg.00.05'W............
46 24 deg.45.60'N 82 deg.54.40'W............
47 24 deg.45.60'N 82 deg.47.20'W............
48 24 deg.42.80'N 82 deg.43.90'W............
49 24 deg.39.50'N 82 deg.43.90'W............
50 24 deg.35.60'N 82 deg.46.40'W............
51 24 deg.32.00'N 82 deg.53.50'W............
------------------------------------------------------------------------
Appendix VIII to Part 929--Marine Life Rule
[As excerpted from Chapter 46-42 of the Florida Administrative Code]
46-42.001 Purpose and Intent; Designation of Restricted Species;
Definition of ``Marine Life Species.''
46-42.002 Definitions.
46-42.003 Prohibition of Harvest: Longspine Urchin, Bahama
Starfish.
46-42.0035 Live Landing and Live Well Requirements. [[Page 16421]]
46-42.0036 Harvest in Biscayne National Park.*
* Part 42.0036 is not set forth because it does not apply to the
Sanctuary.
---------------------------------------------------------------------------
46-42.004 Size Limits.
46-42.005 Bag Limits.
46-42.006 Commercial Season, Harvest Limits.
46-42.007 Gear Specifications and Prohibited Gear.
46-42.008 Live Rock.**
** Part 42.008 is not set forth because it is regulated pursuant
to Sec. 929.5(2)(ii).
---------------------------------------------------------------------------
46-42.001 Purpose and Intent; Designation of Restricted Species;
Definition of ``Marine Life Species''.--
(1)(a) The purpose and intent of this chapter are to protect and
conserve Florida's tropical marine life resources and assure the
continuing health and abundance of these species. The further intent
of this chapter is to assure that harvesters in this fishery use
nonlethal methods of harvest and that the fish, invertebrates, and
plants so harvested be maintained alive for the maximum possible
conservation and economic benefits.
(b) It is the express intent of the Marine Fisheries Commission
to phase out the landing of live rock harvested in federal Exclusive
Economic Zone (EEZ) waters adjacent to state waters. Such harvest is
and will continue to be prohibited in Florida waters, except that
landing of live rock propagated through aquaculture will be allowed
pursuant to the provisions of this chapter.
(2) The following fish species, as they occur in waters of the
state and in federal Exclusive Economic Zone (EEZ) waters adjacent
to state waters, are hereby designated as restricted species
pursuant to Section 370.01(20), Florida Statutes:
(a) Moray eels--Any species of the Family Muraenidae.
(b) Snake eels--Any species of the Genera Myrichthys and
Myrophis of the Family Ophichthidae.
(c) Toadfish--Any species of the Family Batrachoididae.
(d) Frogfish--Any species of the Family Antennariidae.
(e) Batfish--Any species of the Family Ogcocephalidae.
(f) Clingfish--Any species of the Family Gobiesocidae.
(g) Trumpetfish--Any species of the Family Aulostomidae.
(h) Cornetfish--Any species of the Family Fistulariidae.
(i) Pipefish/seahorses--Any species of the Family Syngnathidae.
(j) Hamlet/seabass--Any species of the Family Serranidae, except
groupers of the genera Epinephalus and Mycteroperca, and seabass of
the genus Centropristis.
(k) Basslets--Any species of the Family Grammistidae.
(l) Cardinalfish--Any species of the Family Apogonidae.
(m) High-hat, Jackknife-fish, Spotted drum, Cubbyu--Any species
of the genus Equetus of the Family Sciaenidae.
(n) Reef Croakers--Any of the species Odontocion dentex.
(o) Sweepers--Any species of the Family Pempherididae.
(p) Butterflyfish--Any species of the Family Chaetodontidae.
(q) Angelfish--Any species of the Family Pomacanthidae.
(r) Damselfish--Any species of the Family Pomacentridae.
(s) Hawkfish--Any species of the Family Cirrhitidae.
(t) Wrasse/hogfish/razorfish--Any species of the Family
Labridae, except hogfish, Lachnolaimus maximus.
(u) Parrotfish--Any species of the Family Scaridae.
(v) Jawfish--Any species of the Family Opistognathidae.
(w) Blennies--Any species of the Families Clinidae or
Blenniidae.
(x) Sleepers--Any species of the Family Eleotrididae.
(y) Gobies--Any species of the Family Gobiidae.
(z) Tangs and surgeonfish--Any species of the Family
Acanthuridae.
(aa) Filefish/triggerfish--Any species of the Family Balistes,
except gray triggerfish, Balistidae capriscus.
(bb) Trunkfish/cowfish--Any species of the Family Ostraciidae.
(cc) Pufferfish/burrfish/balloonfish--Any of the following
species:
1. Balloonfish--Diodon holocanthus.
2. Sharpnose puffer--Canthigaster rostrata.
3. Striped burrfish--Chilomycterus schoepfi.
(3) The following invertebrate species, as they occur in waters
of the state and in federal Exclusive Economic Zone (EEZ) waters
adjacent to state waters, are hereby designated as restricted
species pursuant to Sec. 370.01(20), Florida Statutes:
(a) Sponges--Any species of the Class Demospongia, except
sheepswool, yellow, grass, glove, finger, wire, reef, and velvet
sponges, Order Dictyoceratida.
(b) Upside-down jellyfish--Any species of the Genus Cassiopeia.
(c) Siphonophores/hydroids--Any species of the Class Hydrozoa,
except fire corals, Order Milleporina.
(d) Soft corals--Any species of the Subclass Octocorallia,
except sea fans Gorgonia flabellum and Gorgonia ventalina.
(e) Sea anemones--Any species of the Orders Actinaria,
Zoanthidea, Corallimorpharia, and Ceriantharia.
(f) Featherduster worms/calcareous tubeworms--Any species of the
Families Sabellidae and Serpulidae.
(g) Star-shells--Any of the species Astraea americana or Astraea
phoebia.
(h) Nudibranchs/sea slugs--Any species of the Subclass
Opisthobranchia.
(i) Fileclams--Any species of the Genus Lima.
(j) Octopods--Any species of the Order Octopoda, except the
common octopus, Octopodus vulgaris.
(k) Shrimp--Any of the following species:
1. Cleaner shrimp and peppermint shrimp--Any species of the
Genera Periclimenes or Lysmata.
2. Coral shrimp--Any species of the Genus Stenopus.
3. Snapping shrimp--Any species of the Genus Alpheus.
(l) Crabs--Any of the following species:
1. Yellowline arrow crab--Stenorhynchus seticornis.
2. Furcate spider or decorator crab--Stenocionops furcata.
3. Thinstripe hermit crab--Clibanarius vittatus.
4. Polkadotted hermit crab--Phimochirus operculatus.
5. Spotted porcelain crab--Porcellana sayana.
6. Nimble spray or urchin crab--Percnon gibbesi.
7. False arrow crab--Metoporhaphis calcarata.
(m) Starfish--Any species of the Class Asteroidea, except the
Bahama starfish, Oreaster reticulatus.
(n) Brittlestars--Any species of the Class Ophiuroidea.
(o) Sea urchins--Any species of the Class Echinoidea, except
longspine urchin, Diadema antillarum, and sand dollars and sea
biscuits, Order Clypeasteroida.
(p) Sea cucumbers--Any species of the Class Holothuroidea.
(q) Sea lillies--Any species of the Class Crinoidea.
(4) The following species of plants, as they occur in waters of
the state and in federal Exclusive Economic Zone (EEZ) waters
adjacent to state waters, are hereby designated as restricted
species pursuant to Section 370.01(20), Florida Statutes:
(a) Caulerpa--Any species of the Family Caulerpaceae.
(b) Halimeda/mermaid's fan/mermaid's shaving brush--Any species
of the Family Halimedaceae.
(c) Coralline red algae--Any species of the Family
Corallinaceae.
(5) For the purposes of Section 370.06(2)(d), Florida Statutes,
the term ``marine life species'' is defined to mean those species
designated as restricted species in subsections (2), (3), and (4) of
this rule.
Specific Authority 370.01(20), 370.027(2), 370.06(2)(d), F.S. Law
Implemented 370.01(20), 370.025, 370.027, 370.06(2)(d), F.S.
History--New 1-1-91, Amended 7-1-92.
46-42.002 Definitions.--As used in this rule chapter:
(1) ``Barrier net,'' also known as a ``fence net,'' means a
seine used beneath the surface of the water by a diver to enclose
and concentrate tropical fish and which may be made of either nylon
or monofilament.
(2) ``Drop net'' means a small, usually circular, net with
weights attached along the outer edge and a single float in the
center, used by a diver to enclose and concentrate tropical fish.
(3) ``Gorgonian,'' except for purposes of Rule 46-42.001, means
any member of any species of the Subclass Octocorallia, except the
species Gorgonia flabellum and Gorgonia ventalina.
(4) ``Hand held net'' means a landing or dip net as defined in
Rule 46-4.002(4), except that a portion of the bag may be
constructed of clear plastic material, rather than mesh.
(5) ``Harvest'' means the catching or taking of a marine
organism by any means whatsoever, followed by a reduction of such
organism to possession. Marine organisms that are caught but
immediately returned to [[Page 16422]] the water free, alive, and
unharmed are not harvested. In addition, temporary possession of a
marine animal for the purpose of measuring it to determine
compliance with the minimum or maximum size requirements of this
chapter shall not constitute harvesting such animal, provided that
it is measured immediately after taking, and immediately returned to
the water free, alive, and unharmed if undersize or oversize.
(6) ``Harvest for commercial purposes'' means the taking or
harvesting of any tropical ornamental marine life species or
tropical ornamental marine plant for purposes of sale or with intent
to sell. The harvest of tropical ornamental marine life species or
tropical ornamental marine plants in excess of the bag limit shall
constitute prima facie evidence of intent to sell.
(7) ``Land,'' when used in connection with the harvest of marine
organisms, means the physical act of bringing the harvested organism
ashore.
(8) ``Live rock''- see definition in section 929.3
(9) ``Slurp gun'' means a self-contained, handheld device that
captures tropical fish by rapidly drawing seawater containing such
fish into a closed chamber.
(10) ``Total length'' means the length of a fish as measured
from the tip of the snout to the tip of the tail.
(11) ``Trawl'' means a net in the form of an elongated bag with
the mouth kept open by various means and fished by being towed or
dragged on the bottom. ``Roller frame trawl'' means a trawl with all
of the following features and specifications:
(a) A rectangular rigid frame to keep the mouth of the trawl
open while being towed.
(b) The lower horizontal beam of the frame has rollers to allow
the trawl to roll over the bottom and any obstructions while being
towed.
(c) The trawl opening is shielded by a grid of vertical bars
spaced no more than 3 inches apart.
(d) The trawl is towed by attaching a line or towing cable to a
tongue located above or at the center of the upper horizontal beam
of the frame.
(e) The trawl has no doors attached to keep the mouth of the
trawl open.
(12) ``Tropical fish'' means any species included in subsection
(2) of Rule 46-42.001, or any part thereof.
(13) ``Tropical ornamental marine life species'' means any
species included in subsections (2) or (3) of Rule 46-42.001, or any
part thereof.
(14) ``Tropical ornamental marine plant'' means any species
included in subsection (4) of Rule 46-42.001.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91, Amended 7-1-92.
46-42.003 Prohibition of Harvest: Longspine Urchin, Bahama
Starfish.-- No person shall harvest, possess while in or on the
waters of the state, or land any of the following species:
(1) Longspine urchin, Diadema antillarum.
(2) Bahama starfish, Oreaster reticulatus.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91, Amended 7-1-92.
46-42.0035 Live Landing and Live Well Requirements.--
(1) Each person harvesting any tropical ornamental marine life
species or any tropical ornamental marine plant shall land such
marine organism alive.
(2) Each person harvesting any tropical ornamental marine life
species or any tropical ornamental marine plant shall have aboard
the vessel being used for such harvest a continuously circulating
live well or aeration or oxygenation system of adequate size and
capacity to maintain such harvested marine organisms in a healthy
condition.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 7-1-92.
46-42.004 Size Limits.--
(1) Angelfishes.--
(a) No person harvesting for commercial purposes shall harvest,
possess while in or on the waters of the state, or land any of the
following species of angelfish, of total length less than that set
forth below:
1. One-and-one-half (1 1/2) inches for:
a. Gray angelfish (Pomacanthus arcuatus).
b. French angelfish (Pomacanthus paru).
2. One-and-three-quarters (1 3/4) inches for:
a. Blue angelfish (Holacanthus bermudensis).
b. Queen angelfish (Holacanthus ciliaris).
3. Two (2) inches for rock beauty (Holacanthus tricolor).
(b) No person shall harvest, possess while in or on the waters
of the state, or land any angelfish (Family Pomacanthidae), of total
length greater than that specified below:
1. Ten (10) inches for angelfish, except rock beauty
(Holacanthus tricolor).
2. Six (6) inches for rock beauty.
(c) Except as provided herein, no person shall purchase, sell,
or exchange any angelfish smaller than the limits specified in
paragraph (a) or larger than the limits specified in paragraph (b).
This prohibition shall not apply to angelfish legally harvested
outside of state waters or federal Exclusive Economic Zone (EEZ)
waters adjacent to state waters, which angelfish are entering
Florida in interstate or international commerce. The burden shall be
upon any person possessing such angelfish for sale or exchange to
establish the chain of possession from the initial transaction after
harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of
lading, and any customs receipts, and to show that such angelfish
originated from a point outside the waters of the State of Florida
or federal Exclusive Economic Zone (EEZ) waters adjacent to Florida
waters and entered the state in interstate or international
commerce. Failure to maintain such documentation or to promptly
produce same at the request of any duly authorized law enforcement
officer shall constitute prima facie evidence that such angelfish
were harvested from Florida waters or adjacent EEZ waters for
purposes of this paragraph.
(2) Butterflyfishes.--
(a) No person harvesting for commercial purposes shall harvest,
possess while in or on the waters of the state, or land any
butterflyfish (Family Chaetodontidae) of total length less than one
(1) inch.
(b) No person shall harvest, possess while in or on the waters
of the state, or land any butterflyfish of total length greater than
4 inches.
(3) Gobies--No person shall harvest, possess while in or on the
waters of the state, or land any gobie (Family Gobiidae) of total
length greater than 2 inches.
(4) Jawfishes--No person shall harvest, possess while in or on
the waters of the state, or land any jawfish (Family
Opistognathidae) of total length greater than 4 inches.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91, Amended 7-1-92.
46-42.005 Bag limit.--
(1) Except as provided in Rule 46-42.006 or subsections (3) or
(4) of this rule, no person shall harvest, possess while in or on
the waters of the state, or land more than 20 individuals per day of
tropical ornamental marine life species, in any combination.
(2) Except as provided in Rule 46-42.006, no person shall
harvest, possess while in or on the waters of the state, or land
more than one (1) gallon per day of tropical ornamental marine
plants, in any combination of species.
(3) Except as provided in Rule 46-42.006, no person shall
harvest, possess while in or on the waters of the state, or land
more than 5 angelfishes (Family Pomacanthidae) per day. Each
angelfish shall be counted for purposes of the 20 individual bag
limit specified in subsection (1) of this rule.
(4)(a) Unless the season is closed pursuant to paragraph (b), no
person shall harvest, possess while in or on the waters of the
state, or land more than 6 colonies per day of gorgonians. Each
colony of gorgonian or part thereof shall be considered an
individual of the species for purposes of subsection (1) of this
rule and shall be counted for purposes of the 20 individual bag
limit specified therein.
(b) If the harvest of gorgonians in federal Exclusive Economic
Zone (EEZ) waters adjacent to state waters is closed to all
harvesters prior to the end of any calendar year, the season for
harvest of gorgonians in state waters shall also close until the
following January 1, upon notice given by the Executive Director of
the Department of Natural Resources, in the manner provided in s.
120.52(16)(d), Florida Statutes.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91.
46-42.006 Commercial Season, Harvest Limits.--
(1) Except as provided in Rule 46-42.008(7), no person shall
harvest, possess while in or on the waters of the state, or land
quantities of tropical ornamental marine life species or tropical
ornamental marine plants in excess of the bag limits established in
Rule 46-42.005 unless such person possesses a valid saltwater
products license with both a marine life fishery endorsement and a
restricted species endorsement issued by the Department of Natural
Resources.
(2) Persons harvesting tropical ornamental marine life species
or tropical ornamental marine plants for commercial purposes shall
have a season that begins on January 1 of [[Page 16423]] each year
and continues through December 31 of the same year. These persons
shall not harvest, possess while in or on the waters of the state,
or land tropical ornamental marine life species in excess of the
following limits:
(a) A limit of 75 angelfish (Family Pomacanthidae) per person
per day or 150 angelfish per vessel per day, whichever is less.
(b) A limit of 75 butterflyfishes (Family Chaetodontidae) per
vessel per day.
(c) There shall be no limits on the harvest for commercial
purposes of gorgonians unless and until the season for all harvest
of gorgonians in federal Exclusive Economic Zone (EEZ) waters
adjacent to state waters is closed. At such time, the season for
harvest of gorgonians in state waters shall also close until the
following January 1, upon notice given by the Executive Director of
the Department of Natural Resources, in the manner provided in
Section 120.52(16)(d), Florida Statutes.
(d) A limit of 200 giant Caribbean or ``pink-tipped'' anemones
(Condylactus gigantea) per vessel per day.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91, Amended 7-1-92.
46-42.007 Gear Specifications and Prohibited Gear.
(1) The following types of gear shall be the only types allowed
for the harvest of any tropical fish, whether from state waters or
from federal Exclusive Economic Zone (EEZ) waters adjacent to state
waters:
(a) Hand held net.
(b) Barrier net, with a mesh size not exceeding 3/4 inch
stretched mesh.
(c) Drop net, with a mesh size not exceeding 3/4 inch stretched
mesh.
(d) Slurp gun.
(e) Quinaldine may be used for the harvest of tropical fish if
the person using the chemical or possessing the chemical in or on
the waters of the state meets each of the following conditions:
1. The person also possesses and maintains aboard any vessel
used in the harvest of tropical fish with quinaldine a special
activity license authorizing the use of quinaldine, issued by the
Division of Marine Resources of the Department of Natural Resources
pursuant to Section 370.08(8), Florida Statutes.
2. The quinaldine possessed or applied while in or on the waters
of the state is in a diluted form of no more than 2% concentration
in solution with seawater. Prior to dilution in seawater, quinaldine
shall only be mixed with isopropyl alcohol or ethanol.
(f) A roller frame trawl operated by a person possessing a valid
live bait shrimping license issued by the Department of Natural
Resources pursuant to Section 370.15, Florida Statutes, if such
tropical fish are taken as an incidental bycatch of shrimp lawfully
harvested with such trawl.
(g) A trawl meeting the following specifications used to collect
live specimens of the dwarf seahorse, Hippocampus zosterae, if towed
by a vessel no greater than 15 feet in length at no greater than
idle speed:
1. The trawl opening shall be no larger than 12 inches by 48
inches.
2. The trawl shall weigh no more than 5 pounds wet when weighed
out of the water.
(2) This rule shall not be construed to prohibit the use of any
bag or container used solely for storing collected specimens or the
use of a single blunt rod in conjunction with any allowable gear,
which rod meets each of the following specifications:
(a) The rod shall be made of nonferrous metal, fiberglass, or
wood.
(b) The rod shall be no longer than 36 inches and have a
diameter no greater than 3/4 inch at any point.
(3) No person shall harvest in or from state waters any tropical
fish by or with the use of any gear other than those types specified
in subsection (1); provided, however, that tropical fish harvested
as an incidental bycatch of other species lawfully harvested for
commercial purposes with other types of gear shall not be deemed to
be harvested in violation of this rule, if the quantity of tropical
fish so harvested does not exceed the bag limits established in Rule
46-42.005.
Specific Authority 370.027(2), F.S. Law Implemented 370.025,
370.027, F.S. History: New 1-1-91, Amended 7-1-92.
PART 937--[REMOVED AND RESERVED]
2. Part 937 is removed and reserved.
[FR Doc. 95-7669 Filed 3-29-95; 8:45 am]
BILLING CODE 3510-12-P
