Comment from Ann Erickson

To: Sean Morton, Acting Superintendent, Florida Keys National Marine Sanctuary From: Ann Erickson Subject:Docket No. 090122044-91248-01, RIN 0648-AX58. Marine Sanitation Device Discharge Regulations for the Florida Keys National Marine Sanctuary. Federal Register: November 16, 2009 (Volume 74, Number 219) I write to express my concern regarding the proposed rule to eliminate the exemption allowing the discharge of effluent and to require locking of marine sanitation devices in order to protect the water quality of the Florida Keys National Marine Sanctuary. The main goal of the sanctuary is to preserve marine life, which is currently being compromised by pollution, among other factors. The discharge of effluent has been identified as one of the pollutants, and is therefore receiving stricter regulations. In order to uphold the goals of the Florida Keys National Marine Sanctuary, NOAA must work to attempt to eliminate the pollutants. With the aim of preventing further degradation of, and hopefully improvements in the sanctuary, the elimination of exceptions to discharging effluent seems an appropriate step. There are ample pump-out stations in the area, which many boaters are already accustomed to. As the number of boaters continues to increase, it is important to implement this policy as soon as possible. My main concern lies in the requirement to lock marine sanitation devices. I understand that a lack of this requirement would make the rule virtually un-enforceable, however I am still concerned about the enforceability aspect. There is absolutely nothing in the document addressing how this would be enforceable, and what consequences would result from noncompliance. In the vast spread of marine sanctuary, extending some 220 nautical miles southwest from the southern tip of the Florida peninsula, it is unclear how the locking of the MSDs of all vessels within the sanctuary boundaries will be regulated. It is difficult to conceive how that large an area will be able to be successfully patrolled for all practical purposes. With no system of enforcement, and no set consequences for discharging wastes within the sanctuary, I urge you to consider revising this proposed rule. These revisions would preferably incorporate an enforcement component to the proposed rule; covering both the enforcement of ensuring locked sanitation devices as well as determining consequences for noncompliance. All in all, I believe that if it is made enforceable, this proposed rule has the potential to aid in the prevention of further habitat degradation of the Florida Keys National Marine Sanctuary.