[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Notices]
[Pages 30287-30288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14070]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Closure Areas To Conduct Restoration Activities in the
Key Largo National Marine Sanctuary, Within the Florida Keys National
Marine Sanctuary
AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and
Coastal Resource Management (OCRM), National Ocean Service (NOS),
National Oceanic and Atmospheric Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA)
will temporarily close to public access two specified areas of the Key
Largo National Marine Sanctuary (KLNMS), within the Florida Keys
National Marine Sanctuary (FKNMS) between June 15 to September 15,
1995. The areas will be closed in order for NOAA, the U.S. Army Corps
of Engineers (COE), and authorized contractors to conduct construction
restoration activities to restore coral reefs and associated Sanctuary
resources injured or destroyed as a result of the M/V Elpis and M/V
Alec Owen Maitland grounding incidents, which occurred on October 25,
and November 11, 1989, respectively. During the period for which the
areas are closed, public access will be prohibited in order to
efficiently allow and implement restoration and recovery activities,
and to ensure protection of life and property during these complex
construction activities.
FOR FURTHER INFORMATION CONTACT:
Dr. Charles M. Wahle, Chief, Technical Projects Branch, Sanctuaries and
Reserves Division, National Oceanic and Atmospheric Administration,
1305 East West Highway, SSMC4, 12th Floor, Silver Spring, Maryland
20910. 301-713-3141.
SUPPLEMENTARY INFORMATION: In accordance with the National Marine
Sanctuaries Act (NMSA), Florida Keys National Marine Sanctuary and
Protection Act (FKNMSPA), and particularly the KLNMS regulations at 15
CFR Part 929.7(b), NOAA will temporarily close to public access
specified areas of the KLNMS, within the FKNMS.
Background
On October 25, and November 11, 1989, two large freighters grounded
within the KLNMS, now part of the KFNMS. These groundings, as well as
subsequent attempts by the operators to free the vessels from the reef,
resulted in significant injuries to the reef substrate and resident
marine organisms. Coral colonies, sponges and sea fans at the site were
destroyed and attempts to free the vessels created holes in the reef's
surface. In addition, the resulting debris continues to threaten living
resources in the vicinity of the grounding site. Since the groundings,
the excavations have expanded and will continue to do so in the absence
of restoration efforts.
Section 312 of the NMSA authorizes NOAA to pursue civil actions to
recover response costs and damages from parties who destroy, cause the
loss of, or injury Sanctuary resources. Damage claims include, among
other things, the cost of restore, replace, or acquire the equivalent
of destroyed, lost or injured Sanctuary resources; the value of lost
uses pending recovery of Sanctuary resources; the cost of conducting
damage assessments; and the reasonable costs of monitoring. NOAA
pursued natural resource damage actions under the NMSA to recover costs
and damages from the responsible parties in order to restore the
damaged reefs. The two grounding cases were settled in 1991 and the
recovered monies are being used by NOAA to fund the coral reef
restoration efforts.
NOAA, COE and authorized contractors will implement coral reef
restoration work at the two grounding sites/Closure Areas in the KLNMS.
The first phase of this project will be to stabilize the damaged reef
habitat and re-create the overall physical structure of the coral reef
surface, thereby enhancing rates of recovery of the coral communities
that exited prior to the groundings.
At Closure Area 1, 40 large, pre-cast concrete structures will be
placed over [[Page 30288]] the unstable excavations in the reef's
surface which were caused by these groundings, and then cemented
together. At Closure Area 2, quarried limestone boulders will be placed
in large blow holes and sand poured around the boulders to form a
continuous natural surface. These structures will recreate typical
three-dimensional habitat relief and act as a stable, natural framework
on which coral may be transplanted and coral larvae can colonize,
thereby increasing the habitat value of the area.
Section 929.7(b) of the KLNMS regulations provide for closing to
public use the KLNMS, or certain areas therein, in the event of
emergency conditions endangering life or property, and/or to permit
recovery of the living resources from overuse, or provide scientific
research relating to protection and management. NOAA has deemed it
necessary to close these two areas to public use to efficiently
implement coral reef restoration and recovery activities and to ensure
the protection of life and property during the conduct of such
activities. Heavy construction materials and equipment (e.g., barges
and cranes, concrete structures, and boulders) will be used at both
sites to conduct the coral reef restoration activities. Consequently,
it is necessary to secure a work area that adequately protects persons
working on the site and the general public, as well as the equipment
used to conduct the coral reef restoration activities. However, to
minimize disruption of public access to the area, NOAA will close only
the amount of area necessary to complete these coral reef restoration
activities, including buffer zones to moor support vessels and provide
an extra margin of public safety. Furthermore, these areas will be
closed no longer than necessary to complete the coral restoration
activities.
Locations and Boundaries of Closure Areas
The two Closure Areas are located approximately 5.6 nautical miles
offshore northern Key Largo, or 40 nautical miles south-southwest of
Government Cut at Miami Beach. The total area of the two Closure Areas
consists of approximately one-half of a square nautical mile (snm), or
one-quarter snm per site. The total area closed includes less than one
percent of the total area of the KLNMS. The boundary of these exclusion
areas will be marked by visible buoys.
Closure Area 1 (Maitland site) is approximately 1.5 nautical miles
south-southwest of the Carysfort Light. Closure Area 1 is bounded by
the following coordinates:
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State Plane Coordinates
---------------------------------- Latitude Longitude
Northing Easting
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A 316,430 N 755,480 E 25 deg. 12'
9.0'' N 80 deg. 13'
37.6'' W
B 315,705 N 756,810 E 25 deg. 12'
1.8'' N 80 deg. 13'
23.2'' W
C 314,380 N 756,085 E 25 deg. 11'
48.7'' N 80 deg. 13'
31.1'' W
D 315,105 N 754,770 E 25 deg. 11'
56.0'' N 80 deg. 13'
45.4'' W
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Closure Area 2 (Elpis site) is approximately 0.25 nautical miles
east-northeast of the Elbow Reef Light. Closure Area 2 is bounded by
the following coordinates:
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State Plane Coordinates
---------------------------------- Latitude Longitude
Northing Easting
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E 296,955 N 746,345 E 25 deg. 8'
56.7'' N 80 deg. 15'
18.3'' W
F 297,860 N 747,410 E 25 deg. 9'
5.6'' N 80 deg. 15'
6.6'' W
G 296,840 N 748,265 E 25 deg. 8'
55.4'' N 80 deg. 14'
57.3'' W
H 295,675 N 746,880 E 25 deg. 8'
43.9'' N 80 deg. 15'
12.5'' W
I 296,310 N 746,340 E 25 deg. 8'
50.3'' N 80 deg. 15'
18.3'' W
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Time frame
Closure Areas 1 and 2 will be closed to public access from June 15
to September 15, 1995. Notice of the removal of the Closure Areas
restriction will be issued by NOAA once coral reef restoration
activities are completed.
Penalties
Pursuant to the NMSA, regulations at 15 CFR Part 922, and KLNMS
regulations at 15 CFR Sec. 929.9, any violation of the NMSA or
regulations, including unauthorized entry into the Closure Areas, is
subject to a Maximum civil penalty of $100,000 per violation per day.
Furthermore, the NMSA and regulations authorize a proceeding in rem
against any vessel used in violation of any such regulation.
Section 929.7(b) of the LKNMS regulations provides that public
notice of closures will be provided through local news media and
posting of placards at the John Pennekamp Coral Reef State Park, if
deemed necessary. In addition to providing notice in the Federal
Register, NOAA will provide public notice of the closures in a notice
to mariners, local newspaper notices, bulletin boards, and brochures.
Dated: June 2, 1995.
W. Stanley Wilson,
Assistant Administrator for Ocean Services and Coastal Zone Management.
[FR Doc. 95-14070 Filed 6-7-95; 8:45 am]
BILLING CODE 3510-08-M
