Key Largo Coral Reef
Marine Sanctuary

Management Pian

September, 1979

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Management Plan

September, 1979

U.S. DEPARTMENT OF COMMERCE

Junamta M. Kreps, Secretary

National Oceanic and Atmospheric Administration

Richard A. Frank, Administrator

Office of Coastal Zone Management
Robert W. Knecht, Assistant Administrator

Digitized by the Internet Archive

in 2012 with funding from

LYRASIS Members and Sloan Foundation

http://www.archive.org/details/keylargocoralreeOOnati

foreword

The reefs at Key Largo are the most extensive coral com-
munities along the continental United States and provide
more than 400,000 visitors a year recreational enjoyment.

Because of their unique value, 100 sguare miles encom-
passing these coral reefs were designated a Marine Sanctuary
in 1975 by the Secretary of Commerce.

This is the first in a series of management plans for our
Marine Sanctuaries. It explains the purpose of the Key Largo
Coral Reef Marine Sanctuary, describes the coral reef eco-
system we are protecting, details what threatens the
resource, and summarizes what the National Oceanic and
Atmospheric Administration's Office of Coastal Zone
Management plans to do to manage and conserve this
national treasure.

Robert W. Knecht
Assistant Administrator

table of contents

SUMMARY 7

INTRODUCTION 9

Marine Sanctuary Purpose and Authority 9

Boundaries 9

Regional Map 11

MARINE SANCTUARY RESOURCES 13

Natural Resources 13

Coral Reefs 13

Hardgrounds 14

Grass Community 14

Natural Resource Map 15

Sand Community 17

Commercially Important Species 17

Cultural Resources 17

Carysfort Reef Lighthouse 17

Shipwrecks 18

Cultural Resource Map 19

Christ of the Deep 21

Carysfort Reef Lighthouse (Illustration) 21

IMPACTS ON THE RESOURCE 22

Human Impact 22

Visitor Use 22

Dredge and Fill Activities 23

Channelization 23

Land Development 23

Water Pollution 23

Diving 24

Fishing 24

Anchoring and Boat Groundings 24

Most Used Areas 24

Visitor Use Map 25

MANAGEMENT PLAN 29

Office of Coastal Zone Management 29

Onsite Manager 29

Enforcement and Surveillance 29

Violation Procedure 29

Research and Permits 30

Education 30

Interagency Cooperation 31

Management Accomplishments 31

Management Goals 32

BIBLIOGRAPHY 34

APPENDICES 40

Legislation 40

Rules and Regulations 44

Memorandum of Understanding 47

summary

This plan describes what is known about the resources in the Key Largo Coral Reef Marine
Sanctuary and summarizes the impacts humans have on the resources. It outlines the research
needed to answer specific management questions and describes how the resources are being
protected through education and enforcement of regulations.

Coral reefs are the most productive and diverse of all the natural marine communities and the
reef areas off Key Largo are particularly luxuriant. The Sanctuary contains four distinct biologi-
cal zones:

• Coral reef areas consisting of reef banks at the seaward edge of the shelf margin and numer-
ous patch reefs on the landward side;

• Hardground areas veneered with hard and soft corals;

• Marine grass areas, which serve as nursery areas for many important organisms;

• Sand areas interspersed with patches of grass or occurring as haloes around patch reefs.

Populations of spiny lobster and stone crabs, which are commercially important, and recrea-
tional species such as grouper, snapper, dolphin, and pompano also are found within the Sanc-
tuary. The area contains many structures and objects such as lighthouses, sunken ships, and
associated artifacts, and a bronze statue of Christ of the Deep, significant for their cultural
value.

South Florida is one of the fastest growing urban areas in the country. It is unclear what ef-
fect dredging and filling, channelization, municipal and industrial discharges, and air pollution
associated with this growth have had on the marine environment off Key Largo. Nevertheless,
the impact of 400,000 visitors a year is visible: broken and overturned corals, discarded
beverage containers and fishing line, and scarred patches on grassy areas all attest to improper
operation of boats and carelessness on the part of some visitors.

Overall management of the Sanctuary is the responsibility of the NOAA Office of Coastal
Zone Management and day-to-day management at the site has been delegated to the Florida
Department of Natural Resources.

Protection of the resources cannot be accomplished without effective surveillance of the
area and enforcement of the regulations. These functions are accomplished by the Florida
Department of Natural Resources and the U.S. Coast Guard. Cases involving violation of the
regulations are handled by the NOAA Office of General Counsel through civil proceedings.

Scientific data on the Sanctuary so far has been restricted to basic hydrographic, environ-
mental, and biological studies. Little research to date has been designed to come to grips with
specific management problems or to address any long-term environmental questions. During
the next 5 years, therefore, NOAA will give the highest priority to conducting field studies, car-
rying out laboratory projects, and monitoring biological and sociological aspects of the Sanc-
tuary. Such information will increase the understanding of the resources and assess the impact
of human pressures on the Sanctuary environment.

Included will be a biological inventory in 1979 and 1980 that will provide baseline data on the
distribution, diversity, and abundance of reef organisms. By comparing these data with the
results of inventories to be carried out in 1985 and 1990, managers will be able to determine if
conditions in the Sanctuary are getting better or worse, and will be able to restructure their
management plans if conditions warrant.

In addition, two other crucial studies are scheduled for the Sanctuary: a reef health assess-
ment (also in 1979 and 1980) to estimate the percentage of live coral versus dead coral cover on
the reef and document the extent of coral disease and anchor damage; and a water quality
assessment (primarily in 1980) to determine if such factors as organic pollutants, nutrients,
temperature, salinity, and turbidity are conducive to coral proliferation. In both instances, the
information will provide baseline data to which future studies can be compared.

In 1979, NOAA, in cooperation with the Harbor Branch Foundation, will carry out a deep-
water survey of the Sanctuary. Approximately half of the Sanctuary lies in waters between 100
and 300 feet (30-90 m). Because previous research in the area has been limited to waters no
deeper than 100 feet (30 m), NOAA considers it important to fill this significant gap. The agen-
cy will examine in detail, using side scan sonar, a magnetometer, and submarines, a deep water
reef discovered in 1973. The survey will gather information on the location of this and other
deepwater reefs, their associated organisms, and archaeological resources.

Finally, a series of special studies in 1981 , 1984, 1987 will be carried out. These will deal with
specific rather than general aspects of the Sanctuary and may include a lobster assessment,
coral disease studies, anchor damage studies, cultural research and development, and other
special items of interest derived from the results of baseline studies.

To supplement this research, NOAA, in cooperation with the Florida Department of Natural
Resources, will monitor, on a monthly basis, permanent stations set up at environmentally dif-
ferent locations. The monitoring will include observation of coral diseases, mortality, growth,
and recruitment; measurement of sedimentation, temperature, salinity, and turbidity; assess-
ment of anchor damage, diver damage, or other user-related impacts; photographic documen-
tation of representative coral colonies; and life history observations of other invertebrates in the
Sanctuary.

introduction

Southeast of the Florida peninsula, where the Keys begin their extension into the Gulf of Mex-
ico, lies one of nature's oldest and most artfully crafted underwater gardens: the Key Largo
Coral Reef Marine Sanctuary. Encompassing 100 sguare miles (259 square kilometers) of
submerged coral architecture, it rivals in structure and color the most variegated natural land
formations.

The coral ecosystem that spans the Atlantic side of the Florida Keys is the most extensive liv-
ing coral reef system in the continental United States. Sculptured over thousands of years, the
reef tract at Key Largo has thrived because the Key's continuous land mass provides a natural
barrier to pollutants, turbidity, and cold and fresh water.

But the reef is important not only for its breathtaking beauty. The coral acts as a self repairing
breakwater that shelters the land against the violence of ocean storms and hurricanes by
dissipating the energy of oncoming waves. It provides food and habitats for much of the marine
life that makes the Florida Keys one of the world's finest commercial and sport fishing areas.

The reef corals and calcareous algae are a major source of sand, which is essential for the
growth of seagrass meadows that are the habitat for thousands of organisms. The reef also
serves as a living laboratory, attracting scientists from all over the world who study and learn
about the inhabitants of this world. Finally, the economy of the Keys depends almost entirely
on tourism, and the reefs are its backbone, attracting thousands of sightseers, fishermen, and
divers every year.

Over the years, the immense popularity of the reefs for recreation, coupled with human-
induced changes to the environment, have seriously threatened the corals' existence. Recrea-
tion-related activities— dropping anchors on coral, disturbance of the coral by divers, improper
use of nets and traps by fishermen, and the collection of coral for personal or commercial pur-
poses—have damaged the coral community- In addition, man's development activities in the
Keys and South Florida — dredging, filling, channelization, and pollution — have also contri-
buted to the reef's environmental stress.

Marine Sanctuary Purpose and Authority

In 1972, Congress enacted the Marine Protection, Research and Sanctuaries Act (Public Law
92-532, 16 U.S.C. 1431 etseq., Section 302 [a]). Title III of the Act directs the Secretary of
Commerce to designate ocean waters as Marine Sanctuaries for the purpose of preserving or
restoring their conservational, recreational, ecological, or esthetic values. The reef system off
Key Largo was nominated for Marine Sanctuary status to protect and preserve the coral reef
ecosystem in its natural state, regulate uses within the Marine Sanctuary, insure the health and
well-being of the coral and associated flora and fauna, and guarantee its continued esthetic and
recreational appeal. The Key Largo Coral Reef Marine Sanctuary was designated by the
Secretary of Commerce on December 18, 1975. It is adjacent to the John Pennekamp Coral
Reef State Park, which was established by Florida in 1961 to insure protection of the reefs in
State waters. Regulations are issued under the authorities of Section 302(f), 302(g), and 303 of
the Act.

Boundaries

The Marine Sanctuary is less than 60 miles (96 km) from the highly urbanized city of Miami via
an overseas highway (U.S. 1) that connects Key West to the Florida mainland (Fig. 1). The
Marine Sanctuary is part of the Atlantic Ocean beginning 3 miles (4.8 km) seaward of Key
Largo, Fla. , and extending out to the 300-foot (92-m) isobath on the continental shelf. It is ap-
proximately 20 miles (32 km) in length and varies from 3 to 6 miles (5-9 km) in width.

There are also two other coral preserves that protect the reef ecosystem in this area ( Fig. 1 ) .
To the west and sharing a common boundary with the Marine Sanctuary, lies John Pennekamp
Coral Reef State Park, established in 1961. It protects the waters from Key Largo seaward to
the State's 3-mile (4.8 km) territorial limit. North of the Marine Sanctuary lies Biscayne National
Monument. It shares part of its boundary with the Marine Sanctuary and not only protects the
reef areas offshore but also Elliot Key and part of Biscayne Bay.

The coordinates for the Marine Sanctuary are as follows: the point of beginning (POB) is 25°
(degrees) 19.45' (minutes) north latitude, 80°, 12.0' west longitude, that point being the north-
east boundary corner of John Pennekamp Coral Reef State Park. From the POB run
southeasterly to 25°, 16.2 ' north latitude, 80°, 8.7 ' west longitude, that point also being on the
300-foot (92-m) isobath. Continue in a southwesterly direction to 25°, 7.5' north latitude, 80°,
12.5' west longitude. Again run in a southwesterly direction to 24°, 58.3' north latitude, 80°,
19.8 ' west longitude. Leaving the 300-foot (92-m) isobath, run northwesterly to 25°, 2.2 ' north
latitude, 80°, 25.25' west longitude, that point being the southeast boundary corner of John
Pennekamp Coral Reef State Park. Continue in a northeasterly direction along the easterly
boundary of State Park to the POB.

There are also two other coral preserves that protect the reef ecosystem in this area ( Fig. 1 ) .
To the west and sharing a common boundary with the Marine Sanctuary, lies John Pennekamp
Coral Reef State Park, established in 1961. It protects the waters from Key Largo seaward to
the State's 3-mile (4.8 km) territorial limit. North of the Marine Sanctuary lies Biscayne National
Monument. It shares part of its boundary with the Marine Sanctuary and not only protects the
reef areas offshore but also Elliot Key and part of Biscayne Bay.

The coordinates for the Marine Sanctuary are as follows: the point of beginning (POB) is 25°
(degrees) 19.45 ' (minutes) north latitude, 80°, 12.0 ' west longitude, that point being the north-
east boundary corner of John Pennekamp Coral Reef State Park. From the POB run
southeasterly to 25°, 16.2 ' north latitude, 80°, 8.7 ' west longitude, that point also being on the
300-foot (92-m) isobath. Continue in a southwesterly direction to 25°, 7.5' north latitude, 80°,
12.5' west longitude. Again run in a southwesterly direction to 24°, 58.3' north latitude, 80°,
19.8 ' west longitude. Leaving the 300-foot (92-m) isobath, run northwesterly to 25°, 2.2 ' north
latitude, 80°, 25.25' west longitude, that point being the southeast boundary corner of John
Pennekamp Coral Reef State Park. Continue in a northeasterly direction along the easterly
boundary of State Park to the POB.

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marine sanctuary resources

NATURAL RESOURCES

The plant and animal communities of the Marine Sanctuary are extremely diverse and include
at least 35 species of West Indian scleractinian corals and more than 500 species of fishes. A
description of these communities can be found in the Key Largo Marine Sanctuary En-
vironmental Impact Statement and in related material listed in the bibliography.

Reef areas are the most biologically productive and diverse of all the natural marine com-
munities. This assemblage of plants and animals has achieved an ecological balance that makes
the organisms dependent upon one another for survival. Although corals themselves do not ac-
count for the major percentage of the reef biomass, they do create a favorable habitat for
thousands of other organisms. When corals are stressed, migration or even death of the orga-
nisms that depend on them for survival can quickly follow. To illustrate the spatial relationship
of different communities to one other, a resource map of the Marine Sanctuary has been
developed (Fig. 2). In this plan, four areas are considered: coral reefs, hardgrounds, grass com-
munities, and sand communities.

Coral Reefs

Coral reef areas are those communities that show active vertical and lateral growth with as-
sociated dead coral still in a growth position. As they die, the corals' hard skeletons accumulate
and actively contribute to topographical development of the reef. In Marine Sanctuary waters,
bank reefs and numerous patch reefs form the foundation for these reef communities.

The coral reef areas in the Marine Sanctuary are particularly luxuriant. This seems to be the
result of open ocean circulation with warm, clear Florida Current waters and the absence of
colder, turbid, less saline Florida Bay waters. The continuous landmass of Key Largo restricts
mixing of bay and ocean waters and tends to keep the environment of the reefs stable.

Bank reefs occur very near the shallow shelf break or at the seaward edge of the shelf
margin. Generally bank reefs show spur and groove development and include areas such as
Molasses, French, Elbow, and Carysfort reefs. Some are found 2 to 3 miles (3.2-4.8 km) land-
ward of the reef front in areas where water shoals rapidly. Grecian Rocks, Key Largo, Dry
Rocks, and Turtle Reef are typical examples. A common environmental characteristic of bank
reefs is open circulation and relatively high current energy conditions, where temperature and
salinity are more stable. There are approximately 14 miles (22 km) of bank reefs within Marine
Sanctuary boundaries. Reef height is usually much less than 25 feet (7.6 m) and typically on the
order of 10 to 15 feet (3-4.5 m). The areas are highly diversified with many showing distinct
zonation. Acropora palmata (moosehorn or elkhorn coral) is a massive, branching scleractinian
coral that is the chief builder of bank reefs. Because of its form it is able to withstand strong
currents and is an indicator of open circulation. Its optimum depth range is from the surface to
25 feet (7.6 m).

In less turbulent areas behind A. palmata, thickets of A.cervicornis (staghorn) and Pontes
pontes (club-finger) corals are found in varying abundances. These forms indicate back reef
zones with less turbulent energy conditions. In certain areas, the zonation continues and mas-
sive head corals exist. These corals tend to grow in shallow sheltered parts of bank reefs and in
deeper areas in front of the reef slope. Their bases can be extensively undercut by boring
sponges, worms, and mollusks, and as they grow they can become top-heavy, making them
especially vulnerable to wave action. Montastrea annularis (star coral) is the most abundant
head coral in bank reefs within the Marine Sanctuary. Other head corals include the brain corals
Diploria strigosa, D.labyrinthiformis, Colpophyllia natans and the other star corals M. caver-
nosa and Siderastrea siderea.

Less abundant hard corals grow among the framework of bank corals and include Agaric/a
agaricites, Pontes astreoides, Mycetophyllia lamarackiana, Colpophyllia spp . , Dichocoenia
stokesi, Eusmilia fastigiata, Meandrina meandriws, and Mussa angulosa. The hydroid Millepora
complanata (fire coral) is important on certain bank reefs. It secretes a hard calcareous skeleton
and reguires a hard substrate for growth. Sponges, sea fans, and other invertebrates are impor-
tant components of the coral reef ecosystem and are guite varied throughout reef areas of the
Marine Sanctuary. The associated fish life is also abundant and diverse.

In guiet areas behind bank reefs, numerous patch reefs are found landward of the reef front
in areas of sand and rock substrates. They occur as single dome-shaped patches or cluster
linearly along a submerged topographical trend. Patch reefs are generally surrounded by sand
haloes, areas of bare sediment thought to be the result of grazing by reef animals. Supporting a
varied assemblage of scleractmian and octocorals (soft corals), they tend to be less well zoned
than bank reefs, lack A.palmata, and sustain smaller amounts of A.cervicornis. Many patch
reefs consist entirely of huge colonies of M. annularis. Their height is seldom greater than 30
feet (9.1 m) and normally 10 to 15 feet (3-4.5 m). Like bank reefs, patch reefs are very diverse
areas and support algae, sponges, and numerous other invertebrates, including varying
amounts of encrusting corals.

Hardgrounds

Another important community that has a wider distribution than the coral reef areas are the
hardgrounds. These are bedrock areas veneered by encrusting and small head corals,
numerous octocorals, and their associated communities. Corals here are lamellate encrusta-
tions and small knobs of coral less than 3 feet (0.9 m) in diameter. Hardgrounds differ from
coral reef areas in that they occur on a substrate that was not formed from the recent reproduc-
tion and growth of their associated fauna. Vertical growth is not extensive. Associated corals
include S.siderea, Favia fragum, Solenastrea hyades, P. astreoides, D. clivosa, D. stokesi, and
varying amounts of other species indigenous to Florida's marine waters. Inshore hardgrounds
contain higher percentages of octocorals than reef areas and include various sponges, espe-
cially Hippospongia gossypina, H.lachne, Spongia barbara, S. chin's, S.graminia and
Spheciospongia vesparia (loggerhead sponge). Since there are fewer crevices and holes than in
the framework of coral reef communities, associated invertebrate and fish life is usually less
diverse than in reef areas. Exact parallels between hardground areas are difficult because
richness and diversity from one hardground area to the next are highly variable and no single
set of organisms can be attributed to a hardground community.

Grass Community

A major portion of the Marine Sanctuary consists of marine grasses and associated organisms.
There are approximately six species of marine grasses in Florida waters with two dominant in
the Marine Sanctuary. Thalassia testudium (turtle grass) is by far the most common and is
found whenever the sediment is sufficiently thick and stable for the grass to develop its root
system, which may penetrate the bottom 18 inches (45 cm) or more. Syringodium filiforme
(manatee grass) grows in deeper parts of the shelf and is mixed with T. testudium or found
forming sparse zones of its own. Grass areas vary from very dense mats to areas with sparse
cover, heavily interspersed with polycheates and burrowing shrimp. To the casual observer the
organisms of the grass community seem few, but close examination reveals otherwise. At-
tached to the blades are many types of epiphytic (nonparasitic) organisms, including filamen-
tous algae, diatoms, foraminifera, and bivalve and gastropod mollusks. Grass areas serve as a
nursery ground for commercial shrimp, crawfish, and fishes. The grass blades themselves act
like a sediment trap and, along with their rhizome root system, assist in maintaining water clar-
ity. Associated with the grass beds are numerous green algae such as Penicillus and Halimeda.
The main marine grass herbivores are sea urchins, parrot fishes, and sea turtles.

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Less abundant hard corals grow among the framework of bank corals and include Agaricia
agaricites, Pontes astreoides, Mycetophyllia lamarackiana, Colpophyllia spp., Dichocoenia
stokesi, Eusmilia fastigiata, Meandrina meandrites, and Mussa angulosa. The hydroid Millepora
complanata (fire coral) is important on certain bank reefs. It secretes a hard calcareous skeleton
and requires a hard substrate for growth. Sponges, sea fans, and other invertebrates are impor-
tant components of the coral reef ecosystem and are quite varied throughout reef areas of the
Marine Sanctuary. The associated fish life is also abundant and diverse.

In quiet areas behind bank reefs, numerous patch reefs are found landward of the reef front
in areas of sand and rock substrates. They occur as single dome-shaped patches or cluster
linearly along a submerged topographical trend. Patch reefs are generally surrounded by sand
haloes, areas of bare sediment thought to be the result of grazing by reef animals. Supporting a
varied assemblage of scleractinian and octocorals (soft corals), they tend to be less well zoned
than bank reefs, lack A.palmata, and sustain smaller amounts of A.cervicornis. Many patch
reefs consist entirely of huge colonies of M. annularis. Their height is seldom greater than 30
feet (9.1 m) and normally 10 to 15 feet (3-4.5 m). Like bank reefs, patch reefs are very diverse
areas and support algae, sponges, and numerous other invertebrates, including varying
amounts of encrusting corals.

Hardgrounds

Another important community that has a wider distribution than the coral reef areas are the
hardgrounds. These are bedrock areas veneered by encrusting and small head corals,
numerous octocorals, and their associated communities. Corals here are lamellate encrusta-
tions and small knobs of coral less than 3 feet (0.9 m) in diameter. Hardgrounds differ from
coral reef areas in that they occur on a substrate that was not formed from the recent reproduc-
tion and growth of their associated fauna. Vertical growth is not extensive. Associated corals
include S.siderea, Favia fragum, Solenastrea hyades, P. astreoides, D. clivosa, D. stokesi, and
varying amounts of other species indigenous to Florida's marine waters. Inshore hardgrounds
contain higher percentages of octocorals than reef areas and include various sponges, espe-
cially Hippospongia gossypina, H.lachne, Spongia barbara, S. chin's, S.graminia and
Spheciospongia vesparia (loggerhead sponge). Since there are fewer crevices and holes than in
the framework of coral reef communities, associated invertebrate and fish life is usually less
diverse than in reef areas. Exact parallels between hardground areas are difficult because
richness and diversity from one hardground area to the next are highly variable and no single
set of organisms can be attributed to a hardground community.

Grass Community

A major portion of the Marine Sanctuary consists of marine grasses and associated organisms.
There are approximately six species of marine grasses in Florida waters with two dominant in
the Marine Sanctuary. Thalassia testudium (turtle grass) is by far the most common and is
found whenever the sediment is sufficiently thick and stable for the grass to develop its root
system, which may penetrate the bottom 18 inches (45 cm) or more. Syringodium filiforme
(manatee grass) grows in deeper parts of the shelf and is mixed with T. testudium or found
forming sparse zones of its own. Grass areas vary from very dense mats to areas with sparse
cover, heavily interspersed with polycheates and burrowing shrimp. To the casual observer the
organisms of the grass community seem few, but close examination reveals otherwise. At-
tached to the blades are many types of epiphytic (nonparasitic) organisms, including filamen-
tous algae, diatoms, foraminifera, and bivalve and gastropod mollusks. Grass areas serve as a
nursery ground for commercial shrimp, crawfish, and fishes. The grass blades themselves act
like a sediment trap and, along with their rhizome root system, assist in maintaining water clar-
ity. Associated with the grass beds are numerous green algae such as Penicillus and Halimeda.
The main marine grass herbivores are sea urchins, parrot fishes, and sea turtles.

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Sand Community

Sand (sediment) areas within the Marine Sanctuary take several forms and are ecologically the
least diverse of the areas discussed. They range from larger sand bodies a few miles wide to
small isolated patches. They are frequently interspersed in grass bed areas or occur as haloes
around most patch reefs. The borders between sand and grass zones are usually defined by
sharp, undercut boundaries. The sediment is mainly coarse biogenic carbonate sand formed
primarily from the breakdown of the green alga Halimeda and hard corals. Associated marine
life is sparse, with enchinoderms and worms predominating. Other burrowing organisms such
as fish, shrimp, and mollusks are present in varying degrees. The large mollusks, such as the
Strombus gigas (queen conch), and Plearaplora gigantea (horse conch) are now scarce, re-
flecting high collecting pressure in recent years.

Commercially Important Species

Panulirus argus (spiny lobster) is of prime commercial interest. P. guttatus (Guinea or spotted
lobster) and Scyllandes aequinoctialis (Spanish or slipper lobster) also are found in Florida
waters, but their scarcity and small adult size make them uneconomical to harvest com-
mercially. Juvenile specimens of P. argus are no more than a few inches in length and are found
in grassy areas under rocks and sponges. As they mature, they migrate into deeper water
where they live in protected areas under rocks or in holes.

The only crab of commercial importance is Menippe mercenaria (stone crab). Juvenile crabs
live in shoreline rubble, oyster shells, or are found on pilings. Adults frequent shallow water and
normally prefer burrows, especially in transition areas between sand and grass beds.

Hook and line fishing also takes place within the Marine Sanctuary and not only serves as a
source of food but of recreation as well. Some of the more important species that are caught
are groupers, mackerels, dolphin, snappers, hogfish, tarpon, pompano, jacks, and bonefish.
To a great degree the quality of the water column determines the distribution and abundance of
these migratory species.

CULTURAL RESOURCES

The cultural resources of the Marine Sanctuary reflect the colorful history of the Florida Keys
and surrounding waters (Fig. 3). Stories of Spanish galleons and the pirates who sailed the
Keys abound. More than 100 Spanish, British, and American wrecks attest to the treacherous
conditions sailors faced in these waters. To help alleviate this danger, a string of lighthouses
was built up and down the Florida reef tract and contributed to the demise of the lucrative
wrecking and salvage industry that supported Key West until the early 1900's. Today some of
this history still lies buried on the ocean floor and draws thousands of visitors to the Keys each
year.

Carysfort Reef Lighthouse

The most prominent cultural resource of the Marine Sanctuary is Carysfort Reef Lighthouse
(Fig. 4). It was the first lighthouse built by the U.S. Lighthouse Service on the Florida reef tract.
Located in the north end of the Sanctuary, it served as a prototype for the other lighthouses in
the Florida Keys that were built on severely exposed areas. Construction began in 1848 by Cap-
tain Howard Stansburg of the U.S. Topographical Corps of Engineers. Its light was first ignited

11

on March 10, 1852, replacing a lightship that had been stationed on Carysfort Reef since 1825.
Still in excellent condition, it stands as a testimonial to the ingenuity of the engineers of the
time. Situated in approximately 6 feet (1 .8 m) of water, the lighthouse is an iron skeleton tower
on a pile foundation rising 100 feet (32.3 m) above mean low water.

Carysfort lighthouse was originally eguipped with a revolving Fresnel lenticular illuminating
apparatus which made it the most modern lighthouse of the U.S. Lighthouse Service at that
time. Today it is fully automated and maintained by the United States Coast Guard.

Shipwrecks

Tales abound of Spanish galleons and other ships that are thought to have sunk in the Marine
Sanctuary. In the mid to late 1600's, the reefs of Florida Keys contributed to the tragic demise
of cumbersome Spanish galleons. Poor navigational technigues and lack of understanding of
weather patterns caused many ships to meet a violent end on the coral heads that loomed from
the ocean floor. The coral reefs grounded many ships through the 1800's, and provided the
justification for the Carysfort Reef Lighthouse.

One of the earliest ship disasters was in 1733, when almost the entire fleet of a 21 -ship
Spanish flotilla was lost off Key Largo. Of these ships, two galleons, El Infante and San Jose y
los Amenas, have been located outside the southern boundary of the Marine Sanctuary. Ap-
parently the fleet was hit by a hurricane while returning to Spain. A hurricane may also have
played the dominant role in the grounding of the Plata flotilla fleet of 13 galleons near Carysfort
Reef in 1755, although the number of ships lost is unknown and no ship of this fleet has ever
been located.

Today several wreck sites exist in the Marine Sanctuary (Fig. 3), providing exciting dives for
visitors. One of the best known wrecks is the 60-gun British frigate, HMS Winchester. Thrown
on the reef by a storm in 1695, the wreck lies in 30 feet (9.1 m) of water 1.5 miles (2.5 km)
southeast of Carysfort Reef Lighthouse, in direct line with Elbow Light. The Winchester was
44.5 meters long, but is now badly broken and scattered throughout the area. Two of the Win-
chester's cannons recovered by C. M. Brookfield in 1940 are on display at the John Pennekamp
Coral Reef State Park headguarters.

Another well-known wreck in the Sanctuary is the Benwood, an 87-meter World War II
freighter. In 1942, it was torpedoed by a German submarine, and, as the ship headed for
shallow water, it was accidentally rammed by a friendly vessel. The hull was subsequently used
for bombing practice until it was dynamited and sunk in 50 feet (15.2 m) of water. The maze of
steel wreckage is one of the most popular diving spots in the Florida Keys.

Lesser known wrecks also are located in the Sanctuary. The steamer Towanda, lost in 1866,
can be found just north of Elbow Light. Near Elbow Reef Tower lie the remains of a wooden
ship encrusted with corals, seawhips, and sea fans, in 30 feet (9 m) of water. Heavy wooden
beams are half buried but bronze fastening pins are still visible. The original name and nation-
ality of the ship is unknown but local guides call it either "No Name Wreck," "Civil War
Wreck," or "Old Wild Wreck."

Ninety feet (27.4 m) due east of Molasses Reef tower lies the schooner Windlass (also known
as the "Winch Wreck") in 25 feet (7.6 m) of water. Its broken remnants are scattered around
the heads and add to the excitement of diving at Molasses Reef.

The schooner Thiorva went aground and sank at the north end of Turtle Reef on some un-
known date.

In shallow water on White Bank, seaward of Basin Hill Shoals, sits the wreck of the Charles
W. Baird (also known as "Captain Tom's Wreck"). The hull of this oceangoing barge served as
a shelter to wreckers and fishermen until it burned in the 1940's. All that remains is the hull
superstructure, heavily encrusted with hard and soft corals and serving as a haven for a myriad
of fishes.

Cannons of unknown origin also can be found in the Marine Sanctuary (Fig. 3). Approxi-
mately 300 feet (91 .4 m) west of the wreck of the Towanda (at the Elbow) lies a very old can-
non. Its 6 foot (1.8 m) length is encrusted with corals and is reputed to be from a 17th or 18th
century Spanish galleon. Another Spanish cannon is located 75 feet (23 m) south of the white
buoy at Grecian Rocks.

12

on March 10, 1852, replacing a lightship that had been stationed on Carysfort Reef since 1825.
Still in excellent condition, it stands as a testimonial to the ingenuity of the engineers of the
time. Situated in approximately 6 feet (1 .8 m) of water, the lighthouse is an iron skeleton tower
on a pile foundation rising 100 feet (32.3 m) above mean low water.

Carysfort lighthouse was originally eguipped with a revolving Fresnel lenticular illuminating
apparatus which made it the most modern lighthouse of the U.S. Lighthouse Service at that
time. Today it is fully automated and maintained by the United States Coast Guard.

Shipwrecks

Tales abound of Spanish galleons and other ships that are thought to have sunk in the Marine
Sanctuary. In the mid to late 1600's, the reefs of Florida Keys contributed to the tragic demise
of cumbersome Spanish galleons. Poor navigational technigues and lack of understanding of
weather patterns caused many ships to meet a violent end on the coral heads that loomed from
the ocean floor. The coral reefs grounded many ships through the 1800's, and provided the
justification for the Carysfort Reef Lighthouse.

One of the earliest ship disasters was in 1733, when almost the entire fleet of a 21 -ship
Spanish flotilla was lost off Key Largo. Of these ships, two galleons, El Infante and San Jose y
los Amenas, have been located outside the southern boundary of the Marine Sanctuary. Ap-
parently the fleet was hit by a hurricane while returning to Spain. A hurricane may also have
played the dominant role in the grounding of the Plata flotilla fleet of 13 galleons near Carysfort
Reef in 1755, although the number of ships lost is unknown and no ship of this fleet has ever
been located.

Today several wreck sites exist in the Marine Sanctuary (Fig. 3), providing exciting dives for
visitors. One of the best known wrecks is the 60-gun British frigate, HMS Winchester. Thrown
on the reef by a storm in 1695, the wreck lies in 30 feet (9.1 m) of water 1.5 miles (2.5 km)
southeast of Carysfort Reef Lighthouse, in direct line with Elbow Light. The Winchester was
44.5 meters long, but is now badly broken and scattered throughout the area. Two of the Win-
chester's cannons recovered by C. M. Brookfield in 1940 are on display at the John Pennekamp
Coral Reef State Park headguarters.

Another well-known wreck in the Sanctuary is the Benwood, an 87-meter World War II
freighter. In 1942, it was torpedoed by a German submarine, and, as the ship headed for
shallow water, it was accidentally rammed by a friendly vessel. The hull was subseguently used
for bombing practice until it was dynamited and sunk in 50 feet (15.2 m) of water. The maze of
steel wreckage is one of the most popular diving spots in the Florida Keys.

Lesser known wrecks also are located in the Sanctuary. The steamer Towanda, lost in 1866,
can be found just north of Elbow Light. Near Elbow Reef Tower lie the remains of a wooden
ship encrusted with corals, seawhips, and sea fans, in 30 feet (9 m) of water. Heavy wooden
beams are half buried but bronze fastening pins are still visible. The original name and nation-
ality of the ship is unknown but local guides call it either "No Name Wreck," "Civil War
Wreck," or "Old Wild Wreck."

Ninety feet (27.4 m) due east of Molasses Reef tower lies the schooner Windlass (also known
as the "Winch Wreck") in 25 feet (7.6 m) of water. Its broken remnants are scattered around
the heads and add to the excitement of diving at Molasses Reef.

The schooner Thiorva went aground and sank at the north end of Turtle Reef on some un-
known date.

In shallow water on White Bank, seaward of Basin Hill Shoals, sits the wreck of the Charles
W. Baird (also known as "Captain Tom's Wreck") . The hull of this oceangoing barge served as
a shelter to wreckers and fishermen until it burned in the 1940's. All that remains is the hull
superstructure, heavily encrusted with hard and soft corals and serving as a haven for a myriad
of fishes.

Cannons of unknown origin also can be found in the Marine Sanctuary (Fig. 3). Approxi-
mately 300 feet (91 .4 m) west of the wreck of the Towanda (at the Elbow) lies a very old can-
non. Its 6 foot ( 1 .8 m) length is encrusted with corals and is reputed to be from a 17th or 18th
century Spanish galleon. Another Spanish cannon is located 75 feet (23 m) south of the white
buoy at Grecian Rocks.

12

■ lyne
N itional
[ I'iment

Cultural Resource Map

Figure 3.

'jy Shipwrecks
^* Cannon
J Christ of the Deep

Christ of the Deep

A unique aspect of the Sanctuary that draws thousands of visitors annually is the 9 foot (2.7 m)
bronze statue, the Christ of the Deep. It is at Key Largo Dry Rocks standing in approximately 25
feet (7.6 m) of water, 6 miles (9.6 km) east-northeast of the south cut of Largo Sound.
Marked by an orange and white surface buoy, the 4,000-lb. (1,800 kg) statue rests upon a
21-ton (19-t) concrete base. The statue was created by Guido Galletti of Italy, an exact replica
of the Christ of the Abysses statue placed in 50 feet (15 m) of water in the Mediterranean Sea
near Genoa in 1954. Duplicated for Egidi Cressi, an internationally known industrialist and
undersea sportsman, it was donated to the Undersea Society of America in 1961 and placed at
the Key Largo Dry Rocks by the Florida Park Service for diving enthusiasts to enjoy.

Figure 4.

15

impacts on the resource

Florida's reefs exist at the northernmost fringe of coral reef development and are subjected to
natural stresses far in excess of other Caribbean reefs. Yet they have survived thousands of
years of attack by natural enemies and buffeting from storms and hurricanes, and their struc-
tures have helped build part of the State of Florida.

Reef-building corals flourish only in an environment governed by narrow constraints. They
seldom occur more than 22 degrees north or south of the equator and must have clear water for
maximum light penetration. As a result, they are rarely found at depths exceeding 200 to 250
feet (60-90 m). They cannot withstand long exposure to water temperatures colder than 68°F
(20°C), are seldom found on soft or shifting bottom sediments or in constantly turbid water
with dim light, and cannot tolerate great changes in salinity, temperature, or water quality.

In Florida, the Keys protect the reefs just as the reefs protect the land. The most luxuriant
reefs are located opposite large islands which shelter them from wider fluctuations in water
temperature and salinity due to storm water runoff from the mainland. Reefs do not exist op-
posite the large openings between islands where there are no protective barriers.

HUMAN IMPACT

Given this narrow range of environmental constraints, human activities can bring about suffi-
cient additional stress to have both long- and short-term effects on the health of coral
communities.

Attracted by pleasant weather and water conditions, vacationers from northern Florida and
many other States visit the Keys each year. Winter visitors are primarily from the northern
States and Canada. The influx of out-of-State visitors is highest during late spring to early fall,
typically the most pleasant months in South Florida. Summer visitation also seems to be on the
increase, reflecting use by visitors who want to take advantage of cheaper summer rates and
summer vacations.

Visitor Use

People who use the Marine Sanctuary are naturally those individuals who work and play in the
marine environment. Since the Marine Sanctuary begins 3 miles offshore, visitors must have
access to privately owned boats or to some type of marine transportation. The Florida Depart-
ment of Natural Resources reported in 1974 that approximately 54,000 boats were registered in
the three southern Florida counties (Dade 32,000, Broward 17,000; Monroe 4,800). In 1976,
there were 36,000 registered boats in Dade County alone— almost an 1 1 percent increase in 2
years, a trend that is expected to continue. There are 34 boat ramps and 22 marinas (Fig. 5)
available for public use on Key Largo that permit easy access to Marine Sanctuary waters.

Some boat owners use the ramps as far north as Bayfront Park, Homestead, Fla., to visit the
Marine Sanctuary and a few even travel from docks and marinas around Miami. There are two
small airports as well as public campsites in the Key Largo area. Boat owners use the Marine
Sanctuary waters for a variety of purposes. Some come to swim in clear waters and enjoy the
sunny weather or to water-ski on calmer days. Others don snorkel or scuba equipment to ex-
plore the coral reefs and wrecks. Many visitors use hook and line for recreational fishing. Final-
ly, there are sailboat owners who frequent all South Florida waters enjoying breezes and sunny
weather.

16

Visitors who do not own boats are served by numerous facilities where boat and guide
rentals are available. The 13 dive shops on Key Largo (Fig. 5) rent snorkel and scuba gear and
provide guides for daily reef trips aboard about 22 dive boats. There are small and large fishing
boat charters available that also make two trips a day. The John Pennekamp Coral Reef State
Park is eguipped with a large boat ramp, an 8,000-lb. (3,600-kg) capacity boat hoist, and a small
marina. One vessel with a capacity of 61 people, makes two trips a day taking snorkelers to the
reefs. A dive boat at the State Park concession takes as many as 32 scuba divers to the reefs
daily. A glass-bottomed boat makes three trips to Molasses Reef every day carrying 125 non-
divers each trip.

Commercial fishermen harvest spiny lobster and stone crab from Sanctuary waters using
wooden traps, but annual catch statistics are not available for these fisheries. The following
sections summarize the activities having the greatest effect on the health of coral reefs.

Dredge and Fill Activities

Chronic siltation from dredge and fill projects can inhibit coral community growth. An increase
in turbidity reduces the amount of light available for photosynthesis of symbiotic zooxanthella
algae associated with reef building corals. Excess sediment in the water can physically smother
the coral polyps and communities and can reduce the dissolved oxygen concentration when
organic materials are present.

Channelization

Channelization of land areas, in addition to increased sedimentation effects, also will increase
stresses on the coral reef communities by altering current patterns and creating changes in
water quality. It is generally believed that luxunent coral growth off Key Largo results from the
land mass serving as a natural barrier to the movement of Florida Bay waters over the reef area.
The temperature, salinity, and turbidity of these bay waters is variable enough to lie outside the
coral's optimum requirements for survival and growth. Channelization through Key Largo
would permit bay water to mix with more stable ocean waters, possibly changing the chemical
and physical characteristics of the water and the existing current patterns through natural tidal
passes.

Land Development

Development of shorelines by bulkheading and land filling increases the turbidity of adjacent
waters and removes the mangroves, whose presence serves as a biological filter of land runoff
and contributes to the nutrient enrichment of surrounding waters.

Water Pollution

Decreases in water quality that can lead to further resource damage include sewage disposal,
agricultural and industrial waste runoff, and oil pollution. In 1975, the greater Miami area
pumped 84 million gallons of sewage a day into surrounding marine waters. Although the ef-
fects of inshore currents, counter-currents, and tides in the area are not fully understood,
ecologists believe that much of this polluted water travels southward to the Keys. The problem
is compounded by the existence of three outfalls in the Key Largo area. The ocean outfall at
Plantation Key, just south of Key Largo, pumps 700,000 gallons of secondary treated sewage a
day. There are also two outfalls that dump sewage into the water of Largo Sound, Key Largo.
In addition to its direct effect of killing live coral, sewage can affect reproduction rates, inhibit
the ability of coral larvae to settle, decrease disolved oxygen content, and increase turbidity.
Agricultural and industrial growth in South Florida in recent years has caused the introduc-
tion of insecticides, herbicides, and other industrial chemicals into nearby bodies of water. In-
troduction of chemical pollutants is especially heavy during periods of heavy ram and excessive

17

runoff. Aerial spraying for mosquito control occurs throughout the Keys. Evidence of oil pollu-
tion from vessel traffic through Hawk Channel and off the Marine Sanctuary increases yearly
and may have some as yet unknown impact on the coral reefs.

Diving

Corals are delicate structures and are vulnerable to abuse from divers. If a coral reef is under
significant natural or human-induced stress, even a small scrape from divers rubbing or stand-
ing on corals is enough to cause terminal infection of the coral by blue-green algae. In many
cases, delicate coral branches are broken with fin kicks, by divers standing on corals, and by
divers grabbing coral for support. Octocorals are frequently ripped from their foundations and
found lying on the bottom. Heavily used areas are especially vulnerable to extensive damage by
divers.

Although it is illegal, the collecting of Marine Sanctuary resources still occurs. The majority
of this collection is of corai and mollusk shells taken as souvenirs of the coral reef. Cultural re-
sources are not exempt either, and many artifacts disappear from Marine Sanctuary waters.

Fishing

Although Sanctuary regulations prohibit spearfishing, some still occurs. The unfortunate ef-
fects of spearfishing include the indiscriminate killing of tropical species, like angelfish and but-
terfly fish, and the disappearance of larger game fish from the area. Although not as extensive
as in previous years, illegal tropical fish collecting for sale and home aquarium use still takes
place.

Besides these dramatic threats to the resource there are the less obvious threats that detract
from the esthetic quality of Marine Sanctuary waters. Beverage containers, "flip-tops," fishing
hooks, stainless steel lead wire, and monofilament fishing line can be found littering the ocean
bottom in many areas. Commercial fishing contributes to the Sanctuary's degradation by the
addition of abandoned or destroyed traps, with their lines and buoys.

Anchoring and Boat Groundings

Divers and fisherman alike damage the coral reef by repeated anchonngs and boat groundings.
Many inexperienced boat operators anchor on top of thriving coral areas unaware of the
damage they cause below. With shifting winds and tides, coral branches can be broken and en-
tire colonies uprooted as the boat changes position. Chafing of coral heads by anchor chains
and ropes is also common.

A less frequent threat, but no less damaging, is boat groundings. A large area of coral and
associated fauna can be gouged out by a single boat hull. More common is damage from
propellers, which slice through shallow head corals, leaving the animals vulnerable to disease.

MOST USED AREAS

Although the Marine Sanctuary encompasses 100 square miles (259 km2), only a few selected
areas receive heavy visitor use. Urbanization of Key Largo has been concentrated at the middle
and southern portion of the Key. Dive shops and boat ramps also are located there, focusing
heavy visitor use on the corresponding southern end of the Marine Sanctuary. As can be seen

18

runoff. Aerial spraying for mosquito control occurs throughout the Keys. Evidence of oil pollu-
tion from vessel traffic through Hawk Channel and off the Marine Sanctuary increases yearly
and may have some as yet unknown impact on the coral reefs.

Diving

Corals are delicate structures and are vulnerable to abuse from divers. If a coral reef is under
significant natural or human-induced stress, even a small scrape from divers rubbing or stand-
ing on corals is enough to cause terminal infection of the coral by blue-green algae. In many
cases, delicate coral branches are broken with fin kicks, by divers standing on corals, and by
divers grabbing coral for support. Octocorals are frequently ripped from their foundations and
found lying on the bottom. Heavily used areas are especially vulnerable to extensive damage by
divers.

Although it is illegal, the collecting of Marine Sanctuary resources still occurs. The majority
of this collection is of corai and mollusk shells taken as souvenirs of the coral reef. Cultural re-
sources are not exempt either, and many artifacts disappear from Marine Sanctuary waters.

Fishing

Although Sanctuary regulations prohibit spearfishing, some still occurs. The unfortunate ef-
fects of spearfishing include the indiscriminate killing of tropical species, like angelfish and but-
terfly fish, and the disappearance of larger game fish from the area. Although not as extensive
as in previous years, illegal tropical fish collecting for sale and home aquarium use still takes
place.

Besides these dramatic threats to the resource there are the less obvious threats that detract
from the esthetic quality of Marine Sanctuary waters. Beverage containers, "flip-tops," fishing
hooks, stainless steel lead wire, and monofilament fishing line can be found littering the ocean
bottom in many areas. Commercial fishing contributes to the Sanctuary's degradation by the
addition of abandoned or destroyed traps, with their lines and buoys.

Anchoring and Boat Groundings

Divers and fisherman alike damage the coral reef by repeated anchonngs and boat groundings.
Many inexperienced boat operators anchor on top of thriving coral areas unaware of the
damage they cause below. With shifting winds and tides, coral branches can be broken and en-
tire colonies uprooted as the boat changes position. Chafing of coral heads by anchor chains
and ropes is also common.

A less frequent threat, but no less damaging, is boat groundings. A large area of coral and
associated fauna can be gouged out by a single boat hull. More common is damage from
propellers, which slice through shallow head corals, leaving the animals vulnerable to disease.

MOST USED AREAS

Although the Marine Sanctuary encompasses 100 square miles (259 km2), only a few selected
areas receive heavy visitor use. Urbanization of Key Largo has been concentrated at the middle
and southern portion of the Key. Dive shops and boat ramps also are located there, focusing
heavy visitor use on the corresponding southern end of the Marine Sanctuary. As can be seen

18

Visitor Use Map

Figure 5.

® Boat Ramp and Marina
• Boat Ramp
▲ Marina
K Airport

on the visitor use map (Fig. 5), the majority of access routes are located to the south. Major reef
areas are charted on NOAA's navigational charts for the area, but very few areas within the
Marine Sanctuary are marked with towers or buoys, which has the effect of intensifying the use
of areas that do have buoy markers. Because of this, some reefs get a greater amount of use
than others. Unmarked areas are visited primarily by local dive shop tours and fishing boat cap-
tains, along with a few knowledgeable local people. The more intensively used areas are de-
scribed in the following sections.

Molasses Reef

This bank reef is located 5 miles (8.4 km) south of the last marker at South Channel leading
from Largo Sound and the dock facilities of John Pennekamp Coral Reef State Park. Molasses
Reef is one of the most heavily used areas in the Florida Keys. It is not uncommon to find 20 to
30 small boats anchored at the reef during any given time on summer weekends. Most local
dive boat operators take their patrons for at least one dive in this area each day, and the glass
bottom tour boat, the Discovery, makes three daily trips to Molasses Reef. It is popular because
of its spectacular reef formation and is marked by a 50-foot (15-m) tower. There are abundant
brain, staghorn, and elkhorn corals and wreckage of a schooner nearby. Water visibility is
usually excellent, making it an area well suited to underwater photography and to night diving.

White Bank Dry Rocks

White Bank Dry Rocks is a patch reef approximately 0.2 miles (320 m) northeast of the light at
Molasses Reef. Because of its shallow depths of 3 to 10 feet (0.9-3.1 m) and its attractive head
coral formations, this large area is exceptionally good for snorkeling and draws many neophyte
divers. The area is marked with a small buoy.

French Reef

French Reef, 1 mile (1 .6 km) northeast of Molasses Reef, is a bank reef marked by a black piling
with water depth averaging 25 feet (7.6 m) . This area contains actively growing corals in a maze
of underwater canyons, caves, and tunnels. Local divers and a few dive shop captains make
periodic trips to French Reef to view larger pelagic fish that can often be found there.

Benwood Wreck

This World War II wreck is 2.5 miles (4 km) north-northeast of French Reef resting on a sand
bottom, in 30 to 50 feet (9.1-15.2 m) of water, it is usually marked by a red buoy. The area is
heavily visited and is advertised as the most exciting wreck dive in the Florida Keys.

Grecian Rocks

A small inner bank reef area, Grecian Rocks, is found 5.5 miles (8.9 km) east-northeast of
South Channel, Key Largo, and is marked by a white buoy. This is another popular snorkeling
area with depths as shallow as 6 feet (1 .8 m), drawing people with limited diving experience.
Large corals and a Spanish cannon can be seen here.

Key Largo Dry Rocks

Along with Molasses Reef, this inner bank reef is one of the most visited areas in the Marine
Sanctuary. Six miles (9.6 km) east-northeast of South Channel, Key Largo, it is identified by a
small orange and white buoy with the word "Statue" on it. In addition to huge brain coral for-
mations, the site also has the Christ of the Deep statue.

21

The Elbow

The Elbow is a bank reef 8 miles (12.9 km) east-northeast of South Channel, Key Largo, and 5
miles (8 km) southwest of Carysfort Reef Lighthouse. It is marked by a 36-foot (11 m) steel
tower and is usually visited by local divers who come to explore and photograph scattered
wreckage southeast of the tower. Since it is several miles from the nearest boat ramp, the area
is used less frequently by out-of-town visitors and most local dive shops.

Carysfort Reef

This highly developed bank reef lies 12 miles (19 km) northeast of South Channel, Key Largo,
and 5 miles (8 km) north-northeast of the Elbow. Marked by a 106-foot (37.3-m) iron
lighthouse, this reef is named after the HMS Carysfort which grounded at the site in 1770.
Staghorn and elkhorn corals are the chief reef builders and are quite luxuriant. Average depths
range from 10 to 25 feet (3.1-7.6 m), and it is an excellent area for both scuba diving and
snorkeling. Local divers in small boats are the primary users of the area; however, development
of the Worlds Beyond Marina directly landward of Carysfort Reef on Key Largo has increased
the use of the area by commercial dive boats.

22

management plan

Management of the Marine Sanctuary is designed to provide the protection necessary to pre-
serve the coral reef ecosystem in its natural state. By integrating education, environmental
monitoring, and enforcement of the regulations into a coordinated management strategy, the
plan will allow the public to derive maximum benefit from the Marine Sanctuary while the Sanc-
tuary itself will receive a minimum of environmental damage.

OFFICE OF COASTAL ZONE MANAGEMENT

The Office of Coastal Zone Management (OCZM), National Oceanic and Atmospheric Adminis-
tration (NOAA), is responsible for the management of the Marine Sanctuary. NOAA sets
management objectives for the Marine Sanctuary, designs and implements research programs,
issues permits, and oversees environmental monitoring and enforcement of the regulations.
NOAA also provides technical briefing material, designs and implements public information
programs, provides administrative and emergency onsite support, and makes periodic onsite
visits.

ONSITE MANAGER

In order to provide local supervision for the Marine Sanctuary, NOAA has a cooperative agree-
ment with the State of Florida Department of Natural Resources (DNR) to serve as onsite
manager. The Florida Department of Natural Resources also has management responsibility for
the adjacent John Pennekamp Coral Reef State Park.

The onsite manager is responsible for evaluating permit applications, coordinating with the
U.S. Coast Guard surveillance and enforcement, providing case documentation for notices of
violation, and submitting semiannual reports to NOAA.

ENFORCEMENT AND SURVEILLANCE

Surveillance and enforcement are an integral part in the management and protection of the cor-
al reef at Key Largo. Because the Marine Sanctuary is located adjacent to the John Pennekamp
Coral Reef State Park, surveillance and enforcement are conducted cooperatively by the
Florida Department of Natural Resources Park Rangers and the United States Coast Guard,
patroling both areas in the same boat from the same base at the State Park. Copies of Marine
Sanctuary rules and regulations (Appendix A), which are compatible with those of the State
Park, are available locally at the entrance of John Pennekamp Coral Reef State Park and at area
dive shops. They were published in the Federal Register on January 16, 1976.

VIOLATION PROCEDURE

Violators are subject to civil penalties of up to $50,000 under Public Law 92-532. They will be
notified of the alleged violation at the scene by the issuance of a Coast Guard Report of Board-
ing (CG Form 4100). Evidentiary materials found in possession of a violator (e.g., corals, fish,
spearguns, etc.) will be seized by Coast Guard personnel and statements taken. No further ac-
tion against the violator will normally need to be taken at this time.

Copies of the Report of Boarding are distributed as follows: (1) violator (original), (2) NOAA
Office of General Counsel, St. Petersburg, (3) State of Florida Park Service, and (4) United

23

States Coast Guard. Statements and evidentiary material are transferred with the copy of the
Report of Boarding to the State of Florida Park Service. The Perk Service evaluates all relevant
information for sufficiency of the evidence and severity of the offense and sends a complete
report of the violation along with a recommended penalty to be collected from the violator to
the NOAA Office of General Counsel, St. Petersburg, Fla. The NOAA Office of General
Counsel draws a Notice of Violation specifying the precise violation involved and the proposed
penalty and sends it to the violator for appropriate action.

Coral regulations (43 CFR 6224) issued under the authority of Section 5, Outer Continental
Shelf Lands Act may also be used against violators. Since these regulations provide for criminal
penalties and involve arrest and appearance before a Federal Magistrate, their use is limited to
those instances when the violator refuses to cooperate or when other acts necessitate the ap-
plication of severe penalties or the circumstances warrant the statute's application.

RESEARCH AND PERMITS

Scientific research is encouraged in the Marine Sanctuary. Written application for the neces-
sary permits should be submitted to the Assistant Administrator; Office of Coastal Zone Man-
agement; National Oceanic and Atmospheric Administration; 3300 Whitehaven Street, N.W.;
Washington, D.C. 20235.

A permit application should provide sufficient information to enable the Assistant Adminis-
trator to evaluate the project and must include a description of all activities proposed, the
equipment, methods, persons involved (particularly describing their relevant experience), and a
timetable for completion. Copies of all other required licenses or permits should be attached.

In considering whether to grant a permit, the Assistant Administrator will evaluate such mat-
ters as the general professional and financial responsibility of the applicant; the appropriateness
of the methods envisioned to the purpose of the research; the extent to which the conduct of
any permitted activity may diminish or enhance the value of the Marine Sanctuary as a source
of recreational, educational, or scientific information; the end value of the activity; and such
other matters he deems appropriate.

EDUCATION

Public education is an essential element in the effective management of the area, because the
Sanctuary is highly sensitive to environmental and user-related stresses.

NOAA has published several brochures for this purpose. These are available at the John Pen-
nekamp Coral Reef State Park, local dive shops, or through the Office of Coastal Zone Manage-
ment. Protecting a National Treasure describes the designation of the Marine Sanctuary and
was NOAA's first publication on the Marine Sanctuary. Our Fragile Coral Reefs— Enjoy But
Don't Destroy explains the basic ecology of the coral reef, its benefits, the threats to its ex-
istence, and the do's and don'ts for its protection. Key Largo Coral Reef Marine Sanctuary is a
general information brochure that briefly describes every facet of the Marine Sanctuary from
designation to present management plans. The Office of Coastal Zone Management also en-
courages freelance writers to avail themselves of the extensive subject matter the coral reef
provides for articles. Representatives from OCZM are available to present talks on the Marine
Sanctuary.

Also important in public education are the efforts of the Florida Park Service. It provides
information to the visiting public stressing protection of the coral reef ecosystem and apprecia-
tion of its unique natural and cultural resources. The Park Service also is constructing a new
visitor center at the John Pennekamp Coral Reef State Park headquarters to supplement its
educational efforts.

24

INTERAGENCY COOPERATION

NOAA has the legal authority to control activities within the Marine Sanctuary through its
Marine Sanctuary regulations. However, NOAA cannot directly control activities outside the
Marine Sanctuary. It must rely instead on working through other agencies by making com-
ments on permits and projects. This may take the form of comments on United States Army
Corps of Engineer Permit Applications, EPA actions, Environmental Impact Statements, or
State government actions.

OCZM realizes the importance of interagency cooperation in the achievement of mutual en-
vironmental goals and makes every effort to establish and maintain close interagency coopera-
tion with appropriate offices.

With Biscayne National Monument (United State Park Service) to the north and John Pen-
nekamp Coral Reef State Park to the west, the nature of the Marine Sanctuary location war-
rants close interagency cooperation.

OCZM works closely with the Florida Department of Natural Resources as a result of a co-
operative agreement for onsite management.

The United States Park Service and the Office of Coastal Zone Management freguently col-
laborate in designing programs for environmental protection, such as water quality monitoring.
The Bureau of Land Management and the Office of Coastal Zone Management are coordinat-
ing their work and streamlining their regulatory authorities in the Sanctuary. The U.S. Army
Corps of Engineers and OCZM also have an understanding by Regulation (33 CFR 320. 4[i]) that
any permits applied for through the Corps of Engineers that would involve Marine Sanctuary
waters must be first approved by OCZM.

In addition, the Office of Coastal Zone Management cooperates with regional Fisheries Man-
agement Councils on fishery management plans and attends Fishery Management Council
meetings and participates on Fishery Management Council Advisory Committees.

MANAGEMENT ACCOMPLISHMENTS

Since the President's 1977 Environmental Message and the assignment of additional personnel
to the Marine Sanctuary Program, the following management objectives have been accom-
plished.

• The violation procedure has been simplified and made more efficient by using a civil penalty
traffic ticket system.

• U.S. Coast Guard and Florida Department of Natural Resources coordination has been im-
proved, resulting in a significant increase in citations in 1978.

• NOAA Office of General Counsel, St. Petersburg, Fla. , has clarified notice of violation proce-
dures and developed a standard table for fines, making the system more efficient and consis-
tent.

• A baseline geological assessment in cooperation with U.S. Geological Survey has been com-
pleted to determine the growth of the coral reef over the past fifty years, and provide insight
into the geologic history of the reef.

• A bibliography has been compiled listing all past relevant scientific research conducted in the
area.

• Permits have been granted to conduct research on coral carbonate production and the
effects of drilling muds on coral; the ecology, behavior and physiology of corals; the ecology of
the moray eel; and the concentration of heavy metals in the Sanctuary.

• A request for proposals for a biological inventory and reef health assessment has been de-
veloped and partly funded in fiscal year 1979.

• A study to collect past water quality data that deals with the Marine Sanctuary has begun.

• The first comprehensive management plan has been devised for the Marine Sanctuary.

25

MANAGEMENT GOALS

In order to develop an effective and efficient management system for the Marine Sanctuary,
management priorities are divided into two basic groups: foundation and supportive. Those
identified for 1979-1980 are essential for completing the foundation of a basic management
strategy. Those after 1980 will be supportive of the basic established plan.

The following are foundation items that will be given priority in 1979 and 1980.

1. Expand Duties and Responsibility of Onsite Manager

At present funding levels the duties and responsibilities of the onsite manager are mostly
limited to enforcement and surveillance activities.

In 1974 the Florida Coastal Coordinating Council made the following recommendation:

An immediate, intensive research effort should be established to ascertain physiological
stresses of the Keys' coral reefs as a system. Such an effort should be designed to serve
as a basis for active management of the reefs as a valuable public resource and should in-
clude provisions for monitoring their viability over time.

Comparable biological information on the condition of the reef is lacking in semiannual
reports. If comparisons are to be made over time regarding the condition of the reef, a system
to guantify significant changes is needed.

NOAA, in cooperation with the Florida UNR, will work to monitor, on a monthly basis, per-
manent stations established at environmentally different locations. A written log will be main-
tained for each site to include: observation of coral colonies for disease, mortality, growth, and
recruitment; measurement of sedimentation; measurement of temperature, salinity, and tur-
bidity; evidence of anchor damage, diver damage, or other use-related impact; life history
observations for other invertebrates present. A copy of each month's log will be sent to the Of-
fice of Coastal Zone Management with a summary included in the annual report.

The onsite manager will publish an annual report to include (but not be limited to) the follow-
ing items: environmental analysis including the summary of monthly monitoring stations, water
quality studies, reef assessment studies, user-related impacts, and such other information as
necessary; enforcement analysis including a summary of activities, notices of violations, case
disposition, and related problems; visitor use including statistical information on number of
visitors, points of entry and areas and type of use, and conclusion and recommendations in-
cluding ways to improve reef management at Key Largo.

2. Biological Inventory and Reef Health Assessment

In an effort to provide a scientific data baseline upon which future changes can be judged and
management decisions based, NOAA will give priority to completing a biological inventory, and
reef health assessment.

The biological inventory will provide baseline data on the distribution, diversity, and abun-
dance of organisms on the reef. The comparison of future inventories to these baseline data will
enable managers to detect changes in population structures over time.

A reef health assessment will estimate the percent live coral versus dead coral cover on the
reef and document the extent of coral disease and anchor damage. Future reassessments can
be compared with this baseline to detect deteriorating conditions.

3. Water Quality Assessment

The water quality assessment will determine if water quality conditions are condusive to coral
proliferation and provide baseline data to which future data can be compared. Organic
pollutants, nutrients, temperature, salinity, turbidity, and other parameters will be used to
monitor water quality.

4. Deep Water Survey

Approximately half of the Key Largo Coral Reef Marine Sanctuary lies in 100 to 300 feet (30-90
m) of water. To properly conserve and manage this area, it is necessary to understand the ex-
tent of the resource. Previous research has been limited to waters less than 100 feet (30 m)
deep. Harbor Branch Foundation's Progress Report and Proposal of the Biology Group of the

26

Florida Keys Turbidity Project, 18 August 1973, indicates from Johnson-Sea-Link missions May
30-June 5, 1973, the existence of significant deepwater reefs. This deep reef ridge is located
about 7.7 miles (12.4 km) offshore in 125 to 165 feet (40-50 m) of water and is believed to ex-
tend for miles in length along the Keys. Photographs taken on the ridge by Harbor Branch
Foundation show a well-developed community of deepwater coral (Agaricia agaric/res, Mon-
tastrea cavernosa) species.

In an effort to fill the significant gap in baseline data, NOAA plans to make a preliminary
survey of the deepwater resources of the Marine Sanctuary. The survey will gather information
on the location of deepwater reefs, associated organisms, and archaeological resources.

After a sound management foundation is built, priority after 1980 will be given to items that
support this system.

1. Periodic Biological Inventory and Reef Health Assessment

A biological and reef health assessment, repeated every five years, will enable the Sanctuary
managers to detect changes in the distribution, diversity, and abundance of coral reef popula-
tions and better understand the ecological evolution of the reef itself. In addition, the extent
coral of disease and human-related damage can be guantified and management objectives
updated to alleviate any stresses detected.

2. Anchor Damage Studies

The effect of anchoring on corals is not fully understood. In some species, outright breaking of
the coral may actually increase propagation. In other species, simple scraping may lead to fatal
infection of the coral. Research will be funded to closely investigate the effects of mechanical
damage to the corals.

3. Coral Disease Studies

Like all living organisms, coral can be killed by disease. The coral reef at Key Largo is subject to
natural temperature stresses because it is located at the northernmost fringe of coral reef
development. The reef is also subjected to intense human-related stress. Coral under stress,
either natural or human, is more susceptible to disease. NOAA will fund studies to better
understand the causes of coral diseases, methods of alleviation, and the role of disease in the
coral reef ecosystem.

4 . L obs ter A ssessmen t

In order to better understand, conserve, and manage the reef's threatened commercially
important species of lobsters, NOAA will fund studies to investigate critical aspects of the
lobsters' life histories, including breeding habits, migration, growth, mortality, recruitment,
distribution, and abundance.

5. Cultural Resources

The Key Largo Sanctuary has a large number of diverse cultural resources, including a light-
house, a unigue sculpture, and shipwrecks and their associated artifacts. NOAA will fund
surveys to provide a rational foundation for managing these resources.

27

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30

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GEOLOGY

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31

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GENERAL PUBLIC INTEREST

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32

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CHAPLIN, C. C. G.: 1972; Fish watchers guide to West Atlantic Coral Reefs; Livingston Pub.
Camp., Wynnwood, Pa.; 64 pp.

GREENBERG, I.: 1967; Take an U/W Trip to Pennekamp Park; Skin Diver, 16(11); 28-33.

— 1977; Guide to Corals and Fishes of Florida, the Bahamas, and the Caribbean; Seahawk
Press, Miami, Fla. ; 64 pp.

GREENBERG, J.: 1961; Exploring the World's First Undersea Park; Audubon 63(3); 140-147.

TZIMOULIS, P.: 1971; Night Diving in the Florida Keys; Skin Diver, 20(10); 44-46.

-1975; Scuba Guide to Florida Keys; Skin Diver, 24(6); 74-79.

-1975; Key Largo- Home of Pennekamp Park; Skin Diver, 24(10); 58-62.

-1976; The Elbow; Skin Diver; 25(4); 76-79.

-1976; Molasses Reef; Skin Diver, 25(8); 72-77.

VELDE, P. and N. DELOACH: 1973; Diving Guide to the Florida Keys; New World Publica-
tions; 66 pp.

33

appendices

LEGISLATION

Public Law 92-532

92nd Congress, H. R. 9727

October 23, 1972

an act

86 STAT. 1052

and Sanctuaries
Act of 1972.

T<> regulate the transportation for dumping, and the dumping, of material into
ocean waters, and for other purposes.

He it enacted hy the Semite and Ilons< of Repretentatires of the

/'ntted States of America in Congress assembled. That this Act may Marine Proteo-
l>e cited as the "Marine Protection, Research, and Sanctuaries Act of ^°n^f.e*^'.

FINDING, POLICY. AND PURPOSE

Skc 2. (a) Unregulated dumping of material into ocean waters
endangers human health, welfare, and amenities, and the marine envi-
ronment, ecological systems, and economic potentialities.

(I>) The Congress declares that it is the policy of the United States
to regulate the dumping of all types of materials into ocean waters
and to prevent or strictly limit the dumping into ocean waters of any
material which would adversely affect human health, welfare, or
amenities, or the marine environment, ecological systems, or economic
potentialities.

To this end, it is the purpose of this Act to regulate the transporta-
tion of material from the United States for dumping into ocean
waters, and the dumping of material, transported from outside the
United States, if the dumping occurs in ocean waters over which the
United States has jurisdiction or over which it may exercise control,
under accepted principles of international law. in order to protect its
territory or territorial sea.

DEFINITIONS

Skc. 3. For the purposes of this Act the term — ■

(a) "Administrator" means the Administrator of the Environ-
mental Protection Agency.

(b) "Ocean waters*' means those waters of the open seas lying sea-
ward of the base line from which the territorial sea is measured, as
provided for in the Convention on the Territorial Sea and the Con-
tiguous Zone ( 15 UST 1600; TIAS 5639).

(c) "Material" means matter of any kind or description, including,
but not limited to, dredged material, solid waste, incinerator residue,
garbage, sewage, sewage sludge, munitions, radiological, chemical, and
biological warfare agents, radioactive materials, chemicals, biological
and laboratory waste, wreck or discarded equipment, rock, sand, exca-
vation debris, and industrial, municipal, agricultural, and other waste :

34

but such terra does not mean oil within the meaning of section 11 of the

Federal Water Pollution Control Act. as amended (33 U.S.C. 1161) Ante, p. 816.

and does not mean sewage from vessels within the meaning of section

13 of such Act (33 U.S.C. 1 163) .

(d) "United States" includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the
territories and possessions of the United States, and the Trust Ter-
ritory of the Pacific Islands.

(e) "Person" means any private person or entity, or any officer,
employee, agent, department, agency, or instrumentality of the Federal
Government, of any State or local unit of government, or of any
foreign government.

(f ) "Dumping" means a disposition of material : Provided, That it
does not mean a disposition of any effluent from any outfall structure
to the extent that such disposition is regulated under the provisions of
the Federal Water Pollution Control Act. as amended (33 U.S.C. 1151-
1175), under the provisions of section 13 of the Rivers and Harbors Act

30 Stat. 1152. °f INSM), ms amended (33 U.S.C. 407). or under the provisions of the
68 Stat. 921. Atomic Fnergy Act of l!»r»4. as amended (4-2 U.S.C. 2011, et seq.), nor

does it mean a routine discharge of effluent incidental to the propul-
sion of, or operation of motor-driven equipment on, vessels: I'ro-
ci'ded further. That it does not mean the construction of any fixed
structure or artificial island nor the intentional placement of any
device in ocean waters or on or in the submerged land beneath such
waters, for a purpose other than disposal, when such construction or
such placement is otherwise regulated by Federal or State law or
occurs pursuant to an authorized Federal or State program: And
provided further. That it does not include the deposit of oyster shells.
or other materials when such deposit is made for the purpose of
developing, maintaining, or harvest ing fisheries resources and is other-
wise regulated bv Federal or State law or occurs pursuant to an author-
ized Federal or State program.

( g) "District court of the United States" includes the District Court
of Guam, the District Court of the Virgin Islands, the District Court
of Puerto Rico, the District Court of the Canal Zone, and in the case
of American Samoa and the Trust Territory of the Pacific Islands,
the District Court of the United States for the District of Hawaii,
which court shall have jurisdiction over actions arising therein.

( h ) "Secretary" means the Secretary of the Army.

(i) "Dredged material" means any material excavated or dredged
from the navigable waters of the United States.

( j) "High-level radioactive waste" means the aqueous waste result-
ing from the operation of the first cycle solvent extraction system, or
equivalent, and t ho concentrated waste from subsequent extraction
cycles, or equivalent, in a facility for reprocessing irradiated reactor
fuels, or irradiated fuel from nuclear power reactors.

35

LEGISLATION (continued)

(k) "Transport" or "transportation" refers to the carriage and
related handling; of an) material by a vessel, or by any other vehicle.
including: aircraft.

TITLE III— MARINE SANCTUARIES

"Secretary." Sec 301. Notwithstanding- the provisions of subsection (h) of sec-

tion 3 of this Act, the term "Secretary", when used in this title, means
Secretary of Commerce.

Sec. 30-2. (a) The Secretary, after consultation with the Secretaries
of State, Defense, the Interior, and Transportation, the Administra-
tor, and the heads of other interested Federal agencies, and with the
approval of the President, may designate as marine sanctuaries those
areas of the ocean waters, as far seaward as the outer edge of the
Continental Shelf, as defined in the Convention of the Continental

15 ust 471. Shelf (15 U.S.T. 74; TIAS 5578), of other coastal waters where the

tide ebbs and flows, or of the Great Lakes and their connecting waters,
which he determines necessary for the purpose of preserving or restor-
ing such areas for their conservation, recreational, ecological, or
esthetic values. The consultation shall include an opportunity to review
and comment on a specific proposed designation.

(b) Prior to designating a marine sanctuary which includes waters
lying within the territorial limits of any State or superjacent to the
subsoil and seabed within the seaward boundary of a coastal State,
as that boundary is defined in section 2 of title I of the Act of May 22,

43 use 1301. 1953 (67 Stat. 29), the Secretary shall consult with, and give due con-

sideration to the views of, the responsible officials of the State involved.
As to such waters, a designation under this section shall become effec-
tive sixty days after it is published, unless the Governor of any State
involved shall, before the expiration of the sixty-day period, certify
to the Secretary that the designation, or a specified portion thereof,
is unacceptable to his State, in which case the designated sanctuary
shall not include the area certified as unacceptable until such time as
the Governor withdraws his certification of unacceptability.

(c) When a marine sanctuarv is designated, pursuant to this sec-
tion, which includes an area of ocean waters outside the territorial
jurisdiction of the United States, the Secretary of State shall take
such actions as may be appropriate to enter into negotiations with
other Governments for the purpose of arriving at necessary agree-
ments with those Governments, in order to protect such sanctuary
and to promote the purposes for which it was established.

(d) The Secretary shall submit an annual report to the Congress, Annual report
on or before November 1 of each year, setting forth a comprehensive to Congress.
review of his actions during the previous fiscal year undertaken pur-
suant to the authority of this section, together with appropriate rec-
ommendation for legislation considered necessary for the designation

and protection of marine sanctuaries.

36

Jurisdiction.

Appropriation,

(e) Before a marine sanctuary is designated under this section, the Hearings.
Secretary shall hold public hearings in the coastal areas which would

be most directly affected by such designation, for the purpose of
receiving and giving proper consideration to the views of any
interested party. Such hearings shall be held no earlier than thirty
days after the publication of a public notice thereof.

(f) After a marine sanctuary has been designated under this sec- Regulations.
tion, the Secretary, after consultation with other interested Federal

agencies, shall issue necessary and reasonable regulations to control
any activities permitted within the designated marine sanctuary, and
no permit, license, or other authorization issued pursuant to any ^tl.er
authority shall be valid unless the Secretary shall certify that the
permitted activity is consistent with the purposes of this title and
can be carried out within the regulations promulgated under this
section.

(g) The regulations issued pursuant to subsection (f) shall be
applied in accordance with recognized principles of international law,
including treaties, conventions, and other agreements to which the
United States is signatory. Unless the application of the regulations
is in accordance with such principles or is otherwise authorized by
an agreement between the United States and the foreign State of
which the affected person is a citizen or, in the case of the crew of a
foreign vessel, between the United States and flag State of the vessel,
no regulation applicable to ocean waters outside the territorial juris-
diction of the United States shall be applied to a person not a citizen
of the United States.

Sec. 30,3. (a) Any person subject to the jurisdiction of the United Penalties.
States who violates any regulation issued pursuant to this title shall
be liable to a civil penalty of not more than $50,000 for each such vio-
lation, to be assessed by the Secretary. Each day of a continuing viola-
tion shall constitute a separate violation.

(b) No penalty shall be assessed under this section until the person
charged has been given notice and an opportunity to be heard. Upon
failure of the offending party to pay an assessed penalty, the Attorney
General, at the request of the Secretary, shall commence action in the
appropriate district court of the United States to collect the penalty
and to seek such other relief as may be appropriate.

(c) A vessel used in the violation of a regulation issued pursuant to
this title shall be liable in rem for any civil penalty assessed for such
violation and may be proceeded against in any district court of the
United States having jurisdiction thereof.

(d) The district courts of the United States shall have jurisdiction
to restrain a violation of the regulations issued pursuant to this title,
and to grant such other relief as may be appropriate. Actions shall be
brought by the Attorney General in the name of the United States,
either on his own initiative or at the request of the Secretary.

Sec. 304. There are authorized to be appropriated for the fiscal year

37

LEGSSLATIOM (continued)

in which this Act is enacted and for the next two fiscal years thereafter
such sums as may be necessary to carry out the provisions of this title,
including sums for the costs of acquisition, development, and operation
of marine sanctuaries designated under this title, but the sums appro-
priated for any such fiscal year shall not exceed $10,000,000.

Approved October 23, 1972,

LEGISLATIVE HISTORY:

HOUSE REPORTS: No, 92-361 (Comm. on Merchant Marine and Fisheries) and

No. 92-1546 (Comm. of Conference).
SENATE REPORT No. 92-451 (Comm. on Commerce).
CONGRESSIONAL RECORD:

Vol. 117 (1972): Sept. 8, 9, considered and passed House,

Nov, 24, considered and passed Senate, amended.
Vol. 118 (1972): Oct, 13, Senate and House agreed to conference

report.
WEEKLY COMPILATION OP PRESIDENTIAL DOCUMENTS:

Vol. 8, No. 44 (1972): Oct. 28, Presidential statement.

RULES AMD REGULATIONS

Title 15 — Commerce and Foreign Trade

CHAPTER IX—NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DE-
PARTMENT OF COMMERCE

PART 929— KEY LARGO CORAL REEF
MARINE SANCTUARY

Interim Regulations

January 13, 1976.

On December 18, 1975, the Secretary
of Commerce designated as a marine
sanctuary an area of the Atlantic Ocean
adjacent to but excluding the State of
Florida's John Pennekamp Coral Reef
State Park. This ocean area is directly
east of the city of Key Largo, Florida.
The marine sanctuary boundary begins
at the outer boundaries of the state park
and extends seaward to about the 300
foot isobath. Included within the marine
sanctuary area is the Key Largo Coral
Reef Preserve.

The Key Largo Coral Reef Marine
Sanctuary was designated pursuant to
the authority of section 302(a) of the
Marine Protection, Research and Sanc-
tuaries Act of 1972 (86 Stat. 1052, Pub.
L. 92-532, hereafter referred to as the
Act).

Section 302(f) of the Act directs the
Secretary to issue necessary and reason-
able regulations to control any activities
permitted within a designated marine
sanctuary. This section also provides
that no permit, license, or other authori-
zation issued pursuant to any other au-
thority shall be valid unless the Secre-
tary shall certify that the permitted ac-
tivity is consistent with the purposes of
Title m of the Act ("Marine Sanctuar-
ies") ; and that it can be carried out
within the regulations promulgated un-
der section 302(f).

The authority of the Secretary to ad-
minister the provisions of the Act has
been delegated to the Administrator, Na-

tional Oceanic and Atmospheric Admin-
istration, U.S. Department of Commerce
(hereafter the Administrator, 39 FR
10255, March 19, 1974).

There are published herewith interim
regulations relating to activities to be
prohibited or permitted in the Sanctuary,
and relating to the certification require-
ment described above. Comments upon
these regulations are invited through
February 20, 1976. Comments should be
addressed to the Administrator, National
Oceanic and Atmospheric Administra-
tion, U.S. Department of Commerce,
Washington, D.C. 20230. Following the
close of this comment period, any com-
ments received will be reviewed. At the
discretion of the Administrator, these
interim regulations will be amended so
as to reflect any such comments. The Ad-
ministrator shall then publish final regu-
lations in the Federal Register. As au-
thorized by 5 U.S.C. 553(d) (3 ) , these in-
terim regulations are effective in order to

38

protect the Sanctuary until final regula-
tions become effective.

Sec.

929.1 Authority.

929.2 Description of the Sanctuary.

929.3 Marine Sanctuary Management Sys-

tem.

929.4 Activities prohibited within the Sanc-

tuary.

929.5 Penalties for Commission of Prohib-

ited Acts.

929.6 Permitted activities.

929.7 Permit procedures and criteria.

929.8 Certification procedures.

929.9 Appeals of administrative action.

Authority: Sees. 302(f), 302(g) and 303
or the Act.

§ 929.1 Authority.

The Sanctuary has been designated by
the Secretary of Commerce pursuant to
the authority of section 302 (a) of the
Act. The following regulations are issued
pursuant to the authorities of sections
302(f) , 302(g) and 303 of the Act.

§ 929.2 Description of the Sanctuary.

The Sanctuary consists of a portion
of the water column in the Atlantic
Ocean beginning at approximately three
miles east of the city of Key Largo,
Florida. The coordinates for the marine
sanctuary are: the point of beginning
(POB) is geographic coordinates 25° (de-
grees), 19.45' (minutes) north latitude,
80° (degrees), 12.0' (minutes) west longi-
tude, said point being the northeast
boundai-y corner of John Pennekamp
Coral Reef State Park. From said POB
run thence southeasterly to geographic
coordinates 25° (degrees), 16.2' (min-
utes) north latitude 80° (degrees), 8.7'
(minutes) west longitude, said point also
bei lg on the 300 foot isobath, thence in
a southwesterly direction to geographic
coordinates 25° (degrees), 07.5' (min-
utes) north latitude 80° (degrees), 12.5'
(minutes) west longitude, thence again
run in a southwesterly direction to geo-
graphic coordinates 24° (degrees), 58.3'
(minutes) north latitude, 80° (degrees),
19.8' (minutes) west longitude, thence
leaving said 300 foot isobath run north-
westerly to geographic coordinates 25°
(degrees), 2.2' (minutes) north latitude,
80° (degrees), 25.25' (minutes) west lon-
gitude, said point being the southeast
boundary corner of John Pennekamp
Coral Reef State Park, thence in a north-
easterly direction along said easterly
boundary of said state part to the POB.

§ 929.3 Marine Sanctuary Management
System.

(a) The National Oceanic and Atmos-
pheric Administration (hereinafter re-
ferred to as NOAA) has the primary re-
sponsibility for the management of the
Marine Sanctuary pursuant to the Act.
NOAA's responsibilities under the Act
require that the Office of Coastal Zone
Management (OCZM) review, consider
and approve any activities that take
place in the Sanctuary pursuant to these
rules and regulations.

(b) NOAA will be assisted in the ad-

ministration of the marine sanctuary by
the State of Florida's Department of
Natural Resources, Division of Recrea-
tion and Parks pursuant to an agreement
between the State of Florida and NOAA.
Pursuant to this agreement, the State
of Florida will endeavor to serve as the
on site manager of the Sanctuary. The
State of Florida will be assisted in its
role as the on site manager by an advi-
sory board consisting of representatives
from the Department of Interior's Na-
tional Park Service; the U.S. Coast
Guard; the U.S. Department of Justice;
NOAA's National Marine Fisheries Serv-
ice; and the State of Florida's Division
of Marine Resources, Florida's Division
of Marine Law Enforcement, Florida's
Department of Environmental Regula-
tion; local citizen association, and Asso-
ciation of Dive Boat Captains.

§ 929.4 Activities Prohibited Within the
Sanctuary.

Present and future uses of the Sanc-
tuary include recreational boating and

Ashing, snorkeling and scuba diving,
commercial transport, fisheries activi-
ties and scientific endeavors. Those ac-
tivities allowed within the marine sanc-
tuary, however, will be subject to the fol-
lowing rules and regulations which are
intended to provide for the maximum
public use consistent with the primary
purpose of the establishment of the
Sanctuary. Except as may be permitted
by the Administrator of NOAA, no per-
son subject to the jurisdiction of the
United States shall conduct, nor cause to
be conducted, any of the following activ-
ities in the Sanctuary.

(a) Removal or destruction of natural
features and marine life. (1) No person
shall destroy, injure, harmfully disturb
or remove beach sand, gravel or minerals,
corals, sea feathers and fans, shells and
shellfish (except lobster, crawfish and
stone crab), starfishes or other marine
invertebrates, seaweeds, grasses, or any
soil, rock, artifact, stone or other ma-
terial. Nor shall any person have posses-
sion of any of the above listed items
within the boundaries of the Sanctuary
regardless of their place of extraction.

(2) No person shall cut, carve, injure,
mutilate, move or displace or break off
any bottom formation of growth.

(3) No rope, wire anchor, or other ob-
ject shall be attached to any coral, rock
or other formation.

(b) Dredging, filling, excavating and
building activities. (1) No dredging, ex-
cavating or filling operations of any kind
are to be carried out within the bound-
aries of the Sanctuary. No materials of
any sort may be deposited in or on the
waters of the sanctuary.

(2) No structure of any kind, whether
permanent or temporary, may be con-
structed or built.

(3) No public service facility may be
constructed or extended into, upon or
across the Sanctuary, with the exception
of marking and mooring buoys or sta-
tions.

(c) Discharge of refuse and polluting
substances. No person shall discharge or
deposit any waste materials into the
waters of the Sanctuary. Specifically pro-
hibited are wastes, acids, oil liquid wastes
or other deleterious chemicals, bottles,
broken glass, paper, boxes, dirt, rubbish,
garbage, refuse, human waste or other
foreign substances.

(d) Archaeological and historic sub-
stances. No person shall willfully destroy,
molest, deface, remove, displace or tam-
per with an archaeological or historical
resource or cargo pertaining to sub-
merged wrecks within the boundaries of
the Sanctuary.

(e) Markers. No person shall willfully
mark, deface or damage in any way, or
displace, remove or tamper with any
signs, notices or placards, whether tem-
porary or permanent, or with any monu-
ments, stakes, posts or other boundary
markers installed by the sanctuary man-
ager or markers placed for the purpose of
lobster pot fishing.

(f) Fishing. (1) Sport and commercial
fishing is allowed in the Sanctuary with
hook and line for the purpose of taking
surface, mid-water or bottom fishes. Fur-
thermore, the taking of crawfish, spiny
lobster and stone crab with traps is al-
lowed for commercial purposes. All traps
shall be marked, color coded and num-
bered at all times.

(2) Fishes normally resident in the
coral formations (often categorized as
tropical fishes which are of minimal
sport and food value, and are usually
brightly colored and thus used for
aquaria purposes) and which live in a
direct interrelationship with the corals,
may not be caught or collected, except
inadvertently by hook and line.

(3) The use of poisons, electric charges
and similar methods for the taking of
fish is prohibited.

(4) Some portions of the Sanctuary
may be set aside as control areas for
research to assist in managing the sanc-
tuary. Those areas designated by the
sanctuary manager will be closed to fish-
ing. No more than 20 percent of the
Sanctuary may be closed at any given
time for this purpose.

(g) Scuba diving and skin diving
activities. (1) Diving for underwater
observation and photography is allowed
and encouraged in the Sanctuary as a
compatible and desirable use.

(2) Divers are prohibited from han-
dling coral formations, standing on coral
formations or otherwise disturbing the
corals within the boundaries of the
Sanctuary.

(h) Operation of watercraft. (1) All
watercraft shall be operated in accord-
ance with applicable Federal rules and
regulations. The following additional
constraints will also be imposed within
the boundaries of the sanctuary.

(2) No watercraft should be operated
in such a manner as to strike or other-
wise cause damage to the natural fea-
tures of the marine sanctuary.

(3) Except in case of emergency situ-

39

ation where life and property may be
endangered, no anchor should be cast or
dragged in such a way as to damage any
coral reef formations. Anchors shall be
dropped on sand flats off the reefs and
placed so as not to drift into the coral
formations.

(4) No watercraft should be operated
at greater than 4 miles per hour or in
such a manner to create a wake in the
vicinity of divers, sightseeing boats or
fishermen, with the exception of law en-
forcement officials while in the perform-
ance of their duties.

(5) All watercraft from which diving
operations are being conducted shall fly
in a conspicuous manner, the red and
white "divers down" flag.

(6) No boat under power shall ap-
proach closer than 100 yards to a boat
displaying the diving flag except at a
minimum speed of 4 miles per hour.
Divers shall stay within 100 yards of
their diving flag.

(7) Boats anchored or proceeding at
slow speeds for fishing or observation
shall be approached or passed at such
slow speed that the wake of the ap-
proaching or passing boat does not dis-
turb the fishing or observation boats.

(8) Watercraft must use mooring
buoys, stations or anchoring areas when
such facilities and areas have been desig-
nated and are available.

<i) Photography. (1) Photography,
both surface and underwater, without in-
volving the installation of special set-
tings or structures is encouraged.

(2) No person shall take still or mo-
tion pictures, either commercial or pri-
vate, involving the use of special settings
or structures that would be likely to in-
terface with either the coral or the use
and enjoyment of the Sanctuary by other
persons.

(j) Advertising or publicity. No person
shall erect or cause to be erected any
signs, slogans or markers within the
Sanctuary.

(k) Explosives and dangerous weap-
ons. (1) Distress signalling devices are
considered necessary and proper for safe
vessel operation. Knives are frequently
used by fishermen and swimmers and
are not classified as weapons for the
purposes of these regulations.

(2) No pereson shall carry or possess,
except while passing through the Sanc-
tuary or for law enforcement purposes,
firearms or weapons of any description.
The use of air rifles, guns, bows and ar-
rows, slings, spear guns, harpoons or
other kinds of weapons potentially harm-
ful to human safety, fish and wildlife and
the reef structure is strictly prohibited
within the Sanctuary except for law en-
forcement purposes.

(3) The use of explosives within the
Sanctuary is prohibited. No person is
allowed to possess explosives in the Sanc-
tuary except while passing through the
Sanctuary.

§ 929.5 Penalties for Commission of
Prohibited Acts.

(a) Section 303 of the Act authorizes
the assessment of a civil penalty of not
more than $50,000 for each violation of
any regulation issued pursuant to the
Act, and further authorizes a proceeding
in rem against any vessel used in viola-
tion of any such regulation. Details are
set out in Subpart D of Part 922 (15
CFR Part 922) of this chapter (39 FR
23254, 23257, June 27, 1974) . Subpart (D)
is applicable to any instance of a viola-
tion of these regulations.

(1) The U.S. Coast Guard shall have
the responsibility for surveillance and the
enforcement of these regulations pur-
suant to 14 U.S.C. 89.

(2) The Sanctuary may be closed to
public use in the event of emergency
conditions endangering life or property.
Certain areas may also be closed (but
the total closed area shall not exceed
20 percent of the total Sanctuary at any
one time) in order to (i) permit recovery
of the living resources from overuse, or
(ii) to provide for scientific research re-
lating to protection and management.
Public notice of closures will be made by
informing the local news media.

(3) Accidents involving personal in-
jury or damage to property in excess of
$100 shall be reported to the Sanctuary
Manager as soon as possible by the per-
son or persons involved.

§ 929.6 Permitted Activities.

Any person or entity may conduct in
the Sanctuary any activity listed under
§ 929.4 if: (a) Such activity is either (1)
for the purpose of research related to the

resources of the Sanctuary, or (2) per-
tains to salvage or recovery operations;
and (b) such person or entity is in
possession of a valid permit issued by
the Administrator of NOAA authorizing
the conduct of such activity; except that,
no permit is required for the conduct of
any activity immediately and urgently
necessary for the protection of life,
property, or the environment.

§ 929.7 Permit procedures and criteria.

(a) Any person or entity who wishes
to conduct in the Sanctuary an activity
for which a permit is authorized by
§ 929.6 (hereafter a permitted activity)
may apply in writing to the Adminis-
trator for a permit to conduct such
activity citing this section as the basis
for the application. Such application
should be made to the Administrator,
National Oceanic and Atmospheric Ad-
ministration, U.S. Department of Com-
merce, Washington, D.C. 20230. Upon
receipt of such application, the Admin-
istrator shall request, and such person
or entity shall supply to the Adminis-
trator, such information and in such
form as the Administrator may require
to enable him to act upon the application.

(b) In considering whether to grant a
permit for the conduct of a permitted
activity for the purpose of research re-
lated to the resources of the Sanctuary,
the Secretary shall evaluate such matters
as (1) the general professional and fi-

nancial responsibility of the applicant;
(2) the appropriateness of the research
method's) envisioned to the purpose (s)
of the research; (3) the extent to which
the conduct of any permitted activity
may diminish or enhance the value of
the Sanctuary as a source of recreational,
esthetic or scientific information; (4) the
end value of the research envisioned; and
(5) such other matters as the Adminis-
trator deems appropriate.

(c) In considering whether to grant a
permit for the conduct 6f a permitted
activity in the Sanctuary in relation to
an air or marine casualty, the Admin-
istrator shall consider such matters as
(1) the fitness of the applicant to do the
work envisioned; (2) the necessity of
conducting such activity; (3) the appro-
priateness of any activity envisoned to
the purpose of the entry into the Sanc-
tuary; (4) the extent to which the con-
duct of any such activity may diminish
the value of the Sanctuary as a source
of recreational, esthetic or scientific in-
formation; and (5) such other matters
as the Administrator deems appropriate.

(d) In considering any application
submitted pursuant to this Section, the
Administrator may seek and consider the
views of any person or entity, within or
outside of the Federal Government, as
he deems appropriate.

(e) The Administrator may, in his dis-
cretion, grant a permit which has been
applied for pursuant to this section, in
whole or in part, and subject to such
condition (s) as he deems appropriate.
except that the Administrator shall at-
tach to any permit granted for research
related to the Sanctuary the condition
that any information obtained in the
research shall be made available to the

public. The Administrator may observe
any activity permitted by this section;
and/or may require the submission of
one or more reports of the status or prog-
ress of such activity.

(f ) A permit granted pursuant to this
Section is nontransferable.

(g) The Administrator may amend,
suspend or revoke a permit granted pur-
suant to this section, in whole or in part,
temporarily or indefinitely, if. in his view,
the permit holder (hereafter the Holder >
has acted in violation of the terms of the
permit; or the Administrator may do so
for other good cause shown. Any such
action shall be in writing to the Holder,
and shall set forth the reason (s) for the
action taken. Any Holder in relation to
whom such action has been taken may
appeal the action as provided in § 929.8.

§ 929.8 Certification procedures.

Any Federal agency which, as of the
effective date of these regulations, al-
ready has permitted, licensed or other-
wise authorized any prohibited activity
in the Sanctuary shall notify the Admin-
istrator of this fact in writing. The writ-
ing shall include a reasonably detailed
description of such activity, the per-
son (s'* involved, the beginning and end-

40

ing dates of such permission, the rea-
son(s) and purpose(s) for same, and a
description of the total area affected. The
Administrator shall then decide whether
the continuation of the permitted activ-
ity, in whole or in part, or subject to such
condition(s) as he may deem appropri-
ate, is consistent with the purposes of
Title III of the Act and can be carried
out within these regulations. He shall in-
form the Federal agency of his decision
in these regards, and the reason (s) there-
for, in writing. The decision of the Sec-
retary made pursuant to this section
shall be final action for the purpose of
the Administrative Procedure Act.

§ 929.9 Appeals of Administrative Ac-
tion.

(a) In any instance in which the Ad-
ministrator, as regards a permit author-
ized by, or issued pursuant to, this part:
(1) Denies a permit; (2) issues a permit
embodying less authority than was re-
quested; (3) conditions a permit in a
manner unacceptable to the applicant;
or (4) amends, suspends, or revokes a
permit for a reason other than the viola-
tion of regulations issued under this part,
the applicant or the permit holder, as the
case may be (hereafter the Appellant) ,
may appeal the Administrator's action to
the Secretary of Commerce. In order to
be considered by the Secretary, such ap-
peal shall be in writing, shall state the
action(s) appealed and the reason(s)
therefor, and shall be submitted within

30 days of the action (s) by the Admin-
istrator. The Appellant may request a
hearing on the appeal.

Cb) Upon receipt of an appeal author-
ized by this Section, the Secretary may
request, and if he does, the Appellant
shall provide, such additional informa-
tion and in such form as the Secretary
may request in order to enable him to
act upon the appeal. If the Appellant has
not requested a hearing, the Secretary
shall decide the appeal upon (1) the basis
of the criteria set out in § 929.7(b) or
§ 929.7(c), as appropriate, (2) informa-
tion relative to the application on file
in NOAA, (3) information provided by
the Appellant, and (4) such other con-
siderations as he deems appropriate. He
shall notify the Appellant of his decision,
and the reason (s) therefore, in writing
within 30 days of the date of his receipt
of the appeal.

(c) If the Appellant has requested a
hearing, the Secretary shall grant an
informal hearing before a Hearing Offi-
cer designated for that purpose by the
Secretary after first giving notice of the
time, place, and subject matter of the
hearing in the Federal Register. Such
hearing shall normally be held no later
than 30 days following publication of the
notice in the Federal Register. However,
the Hearing Officer may extend the time
for holding the hearing when deemed
equitable. The Appellant and any inter-
ested person may appear personally or

by counsel at the hearing, present evi-
dence, cross-examine witnesses, offer ar-
gument and file a brief. Within 30 days
of the last day of the hearing, the Hear-
ing Officer shall recommend in writing a
decision to the Secretary based upon the
considerations outlined in paragraph (b)
of this section and based upon the record
made at the hearing.

(d) The Secretary may adopt the
Hearing Officer's recommended decision,
in whole or in part, or may reject or
modify it. In any event, the Secretary
shall notify the Appellant of his decision,
and the reason (s) therefore, in writing
within 15 days of his receipt of the rec-
ommended decision of the Hearing Offi-
cer. The Secretary's action, whether
without or after a hearing, as the case
may be, shall constitute final action for
the purposes of the Administrative Pro-
cedure Act.

(e) Any time limit prescribed in this
Section may be extended by the Secre-
tary for good cause, either upon the Sec-
retary's own motion and upon written
notification to an Appellant stating the
reason(s) therefore, or upon the written
request of an Appellant to the Secretary
stating the reason(s) therefore, except
that no time limit may be extended more
than 30 days.

T. P. Gleiter,
Assistant Administrator
for Administration.

[FR Doc. 76-1379 Filed l-15-76;8:45 am]

MEMORANDUM OF UNDERSTANDING

U. S. Army Corps of Engineers

§320.4 General policies for evaluating permit applications.

The following policies shall be applicable to the review of all applications for Department of
the Army permits. Additional policies specifically applicable to certain types of activities are
identified in Parts 321-324 of this chapter.

(i) Activities in marine sanctuaries. Applications for Department of the Army authorization
for activities in a marine sanctuary established by the Secretary of Commerce under authority
of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended,
will be evaluated for impact on the marine sanctuary. No permit will be issued until the appli-
cant provides a certification from the Secretary of Commerce that the proposed activity is con-
sistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act of
1972, as amended, and can be carried out within the regulations promulgated by the Secretary
of Commerce to control activities within the marine sanctuary. Authorizations so issued will
contain such special conditions as may be required by the Secretary of Commerce in connec-
tion with his certification.

41

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