January 14, 2009

Allowed activities

All activities (e.g., fishing, boating, diving, research, education) may be conducted unless prohibited or otherwise regulated here or by any other Federal, State, or local authority of competent jurisdiction.

Prohibited activities - Sanctuary-wide

(a) Except as specified in paragraph (b) through (e) of this section in the full set of regulations, the following activities are prohibited:

(1) Mineral and hydrocarbon exploration, development and production.

(2) Removal of, injury to, or possession of coral or live rock.

(3) Alteration of, or construction on, the seabed. Drilling into, dredging, or otherwise altering the seabed of the Sanctuary (including prop-dredging or abandoning any material on the seabed), except as an incidental result of:

(i) Anchoring vessels in a manner not otherwise prohibited;

(ii) Traditional fishing activities not otherwise prohibited;

(iii) Authorized installation and maintenance of navigational aids;

(iv) Harbor maintenance including dredging of entrance channels and repair, replacement, or rehabilitation of breakwaters or jetties;

(v) Authorized construction, repair, replacement, or rehabilitation of docks, seawalls, breakwaters, piers, or marinas with less than ten slips.

(4) Discharge or deposit of 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, chumming materials, or bait used or produced while conducting a traditional fishing activity;

(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;

(C) Water generated by routine vessel operations (e.g., deck wash down and graywater), 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, except those listed in paragraph (a)(4)(i)(A) through (D) above and those authorized under Monroe County land use permits.

(5) Operation of vessels.

(i) Operating a vessel in such a manner as to strike or otherwise injure coral, seagrass, or any other immobile organism attached to the seabed.

(ii) Anchoring a vessel on coral other than hardbottom in water depths less than 40 feet when visibility is such that the seabed can be seen.

(iii) Except in officially marked channels, operating a vessel at a speed greater than 4 knots or in manner which creates a wake:

(A) within an area designated idle speed only/no wake;


(B) within 100 yards of navigational aids indicating emergent or shallow reefs (international diamond warning symbol);

(C) within 100 feet of the red and white "divers down" flag (or the blue and white "alpha" flag in Federal waters);

(D) within 100 yards of residential shorelines; or

(E) within 100 yards of stationary vessels.

(iv) Operating a vessel in such a manner as to injure, take or cause disturbance to wading, roosting, or nesting birds or marine mammals.

(v) Operating a vessel in a manner which unreasonably or unnecessarily endangers life, limb, marine resources, or property, including but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, or waiting until the last possible moment to avoid a collision.

(6) Conduct of diving/snorkeling without flying a "divers down" flag.

(7) Release of exotic species of plant, invertebrate, fish, amphibian or mammals.

(8) Damage or removal of markers, buoys and scientific equipment.

(9) Movement of, removal of, injury to, or possession of Sanctuary historical resources.

(10) Take or possession of protected wildlife.

(11) Possession or use of explosives or electrical charges.

(12) Harvest or possession of marine life species as protected by State law.

(13) Interference with law enforcement.

Additional activity regulations by Sanctuary area

In addition to the prohibitions set forth in the previous section, which apply throughout the Sanctuary, the following regulations apply with respect to activities conducted within the Sanctuary areas.

(a) Areas To Be Avoided. Operating a tank vessel or a vessel greater than 50 meters in registered length is prohibited in all areas to be avoided (unless essential for national defense, law enforcement, or responses to emergencies).


(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 (also known as the Key Largo and Looe Key National Marine Sanctuaries):

(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 or by hand gear which is consistent with these regulations and the applicable regulations implementing the applicable Fishery Management Plan.

(ii) Taking any tropical fish.

(iii) Fishing with wire fish traps, bottom trawls, dredges, fish sleds, or similar vessel-towed or anchored bottom fishing gear or nets.

(iv) Fishing with, carrying or possessing, except while passing through without interruption or for law enforcement purposes: 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. The following activities are prohibited within the marine portions of the Great White Heron and Key West National Wildlife Refuge Management Areas:

(i) Operating a personal watercraft, operating an airboat, or water skiing. (Refer to the full set of regulations for exceptions)


(ii) Discharging or depositing any material or other matter except cooling water or engine exhaust.

(c) Wildlife Management Areas. Marine portions of the Wildlife Management Areas may be designated "idle speed only/no-wake," "no-motor" or "no-access buffer" zones or "closed". Signs shall be posted conspicuously and shall display the official logo of the Sanctuary.

(d) Ecological Reserves and Sanctuary Preservation Areas.

(1) The following activities are prohibited within the Ecological Reserves and Sanctuary Preservation Areas:

(i) Discharging or depositing any material or other matter except cooling water or engine exhaust.

(ii) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities. However, fish, invertebrate, and marine plants may be possessed aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such resources can be shown not to have been harvested within, removed from, or taken within, the Ecological Reserve or Sanctuary Preservation Area, as applicable, by being stowed in a cabin, locker, or similar storage area prior to entering and during transit through such reserves or areas.

(iii) Fishing by any means except for catch and release fishing by trolling in the Conch Reef, Alligator Reef, Sombrero Reef, and Sand Key SPAs. However, gear capable of harvesting fish may be aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such gear is not available for immediate use when entering and during transit through such Ecological Reserve or Sanctuary Preservation Area, and no presumption of fishing activity shall be drawn therefrom.

(iv) Touching living or dead coral, including but not limited to, standing on a living or dead coral formation.

(v) Placing any anchor (including the anchor, chain or rope) to touch living or dead coral, or any attached organism.

(vi) Anchoring instead of mooring when a mooring buoy is available or anchoring in other than a designated anchoring area when such areas have been designated and are available.

(vii) Violating a temporary access restriction imposed by the Director.

(2) The Director may temporarily restrict access to any portion of any Sanctuary Preservation Area or Ecological Reserve if it is determined that a concentration of use appears to be causing or contributing to significant degradation of the living resources. The Director will provide public notice of the restriction by publishing a notice in the Federal Register, and by such other means. The Director may only restrict access to an area for a period of 60 days, with one additional 60 day renewal. The Director may restrict access to an area for a longer period pursuant to a notice and opportunity for public comment. Such restrictions will be kept to the minimum amount of area necessary to achieve the purposes thereof.

(e) Special-use Areas.

(1) The Director may set aside discrete areas of the Sanctuary as Special-use Areas and impose access and use restrictions. The following types of Special-use Areas are allowed:

(i) "Recovery area" to provide for the recovery of Sanctuary resources from degradation or other injury attributable to human uses;

(ii) "Restoration area" to provide for restoration of degraded or otherwise injured Sanctuary resources;

(iii) "Research-only area" to provide for scientific research or education relating to protection and management; and

(iv) "Facilitated-use area" 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.

(2) A Special-use Area shall be no larger than the size that is reasonably necessary to accomplish the applicable objective.

(3) Except for passage without interruption through the area, no person may enter a Special-use Area except to conduct the activities for which the area was set aside.

(4) The Director may modify the number of, location of, or designations applicable to, Special-use Areas by publishing in the Federal Register, after notice and an opportunity for public comment.

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. Any such temporary regulation may be in effect for up to 60 days, with one 60-day extension. Additional or extended action will require notice and comment rulemaking under the Administrative Procedure Act, notice in local newspapers, notice to Mariners, and press releases.

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 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.

Response costs and damages

Under section 312 of the Act, any person who destroys, causes the loss of, or injures any Sanctuary resource is liable to the United States for response costs and damages 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 and damages resulting from such destruction, loss or injury.

Permits - application procedures and issuance criteria

(a) National Marine Sanctuary General Permit. (Refer to the full set of regulations for application procedures and issuance criteria for permits)

(b) National Marine Sanctuary Survey/Inventory of Historical Resources Permit. (Refer to the full set of regulations for application procedures and issuance criteria for permits)

(c) National Marine Sanctuary Research/Recovery of Sanctuary Historical Resources Permit. (Refer to the full set of regulations for application procedures and issuance criteria for permits)

(d) National Marine Sanctuary Special-use Permit. (Refer to the full set of regulations for application procedures and issuance criteria for permits)

Certification of preexisting leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity

A person may conduct a prohibited activity if such activity is specifically authorized by a valid Federal, State, or local lease, permit, license, approval, or other authorization in existence on the effective date of these regulations, or by any valid right of subsistence use or access in existence on the effective date of these regulations. (For details of restrictions please refer to the full set of regulations)

Notification and review of applications for leases, licenses, permits, approvals, or other authorizations to conduct a prohibited activity

A person may conduct a prohibited activity if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of these regulations. (For details of restrictions please refer to the full set of regulations)

Appeals of administrative action

An appeal under paragraph (a) of this section must be in writing, state the action(s) by the Director appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice of the action by the Director.