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Key  Largo  

National  Marine  Sanctuary 
Management  Plan 


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U.  S.  Department  of  Commerce 


National  Oceanic  and  ^j 

Atmospheric  Administration 

Sanctuary  Programs  Division 


Key  Largo 

National 

Marine  Sanctuary 


Management  Plan 


U.S.  DEPARTMENT  OF  COMMERCE 

National  Oceanic  and  Atmospheric  Administration 

Office  of  Ocean  and  Coastal  Resource  Management 
Sanctuary  Programs  Division 
Washington,  D.C. 

May  1983 

U.S.  Depository  Copy 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

LYRASIS  Members  and  Sloan  Foundation 


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


TABLE  OF  CONTENTS 

SECTION  Page 

EXECUTIVE  SUMMARY v 

ACKNOWLEDGEMENTS vi  i 

I .  I NTRODUCT I  ON 1 

M  *         nil  LHUf    I  b  I  fly     LcyijldllUlliD«»«*ii**ii«*i>«iti«*i«*iii<ititiii«ii  X 

B.  Marine  Sanctuary  Program  Goals 1 

C.  Key  Largo  National  Marine  Sanctuary 1 

D.  Purpose  and  Scope  of  the  1983  Key  Largo 

National  Marine  Sanctuary  Management  Plan 2 

II.  KEY  LARGO  NATIONAL  MARINE  SANCTUARY 5 

A.  Regional  Context 5 

1.  Sanctuary  Location 5 

2.  Sanctuary  Access 5 

3.  Sanctuary  Uses 5 

B.  Sanctuary  Environment 5 

1.  Physical  Environment 5 

a.  Climate 5 

b.  Water  Masses 7 

c.  Historical   Geology 8 

2.  Living  Marine  Resources  --  The  Communities 8 

a.  Seagrass  and  Sand  Communities 8 

b.  Patch  Reef  Communities 11 

c.  Hardbottom  Communities 12 

d.  Outer  Coral   Reef  Communities 12 

e.  Deep  Water  Reef  Communities 13 

3.  Living  Marine  Resources  --  The  Habitats 14 

a.  Hawk  Channel 14 

b.  Mid-shelf  Reef  Platform 15 

c.  Sand  Channel 15 

d.  Offshore  Reefs 15 

e.  Deep  Reefs 16 


4.  Cultural  and  Historical  Resources 16 

a.  Carysfort  Reef  Lighthouse 16 

b.  Shipwrecks 17 

c.  Christ  of  the  Deep 18 

III.  MANAGEMENT  ISSUES,  EVIDENCE  AND  STRATEGY 19 

A.  Introduction 19 

B.  Phase  1  Management  Issues,  Analysis  and  Strategy 19 

IV.  GUIDELINES  FOR  CONTINUING  PROGRAM  MANAGEMENT 23 

A.  Introduction 23 

B.  Administration 23 

1.  Administration:  Roles  and  Responsibilities 24 

2.  Resource  Protection:  Roles  and  Responsibilities 25 

3.  Research  Management:  Roles  and  Responsibilities 26 

4.  Interpretation:  Roles  and  Responsibilities 28 

C.  Resource  Protection 29 

1.  Sanctuary  Regulations 29 

2.  Future  Activities 30 

D.  Research  Management 33 

1.  General  Context  for  Management 33 

2.  A  Framework  for  Research 33 

3.  Priorities  for  Research  and  Future  Activities 33 

a.  Establish  a  Comprehensive  Baseline  Picture  of  the 
Sanctuary. 34 

b.  Develop  an  Effective  Monitoring  Program  for  the 

Sa  net  ua  ry 35 

c.  Establish  an  Effective  Research  Management  Program 

for  the  Sanctuary 35 

d.  Conduct  Feasibility  Studies  on  Research  Support 

Facil  i  ties 36 

4.  Annual  Review  of  Research  Program 36 

5.  Proposals  for  Research 36 

6.  Proposal  Processing  and  Evaluation 37 

7.  Project  Tracking  and  Product  Evaluation 37 


!  1 


E.      Interpretation 37 

1.  Existing  Facilities  and  Programs 38 

a.  Vi  sitor  Center 38 

b.  Glass  Bottom  Boat  Tour 38 

2.  Future  Activities 39 

V.      APPENDICES 41 

A.  Marine  Protection,   Research  and  Sanctuaries  Act, 

Title   III,   P.L.  92-532 41 

B.  Sanctuary  Coordi  nates 47 

C.  Key  Largo  National   Marine  Sanctuary  Final 

Regulations 51 

D.  Surveillance  and  Enforcement  Memorandum  of 

Agreement 61 

E.  Sanctuary  Research  Guidelines 67 

F.  Summary  of  Sanctuary-sponsored  Research 79 

G.  Literature  Cited 87 


in 


EXECUTIVE  SUMMARY 


Title  III  of  the  Marine  Protection,  Research  and  Sanctuaries  Act  of 
1972  (Pub.  L.  96-332)  authorizes  designation  of  marine  areas  as  sanctuaries 
to  preserve  or  restore  conservation,  recreational,  ecological  or  esthetic 
values.  Growing  levels  of  human  activities  associated  with  the  South 
Florida  Coral  Reef  Tract  and  the  reefs  environmentally  sensitive  nature 
led  to  the  designation  of  the  Key  Largo  National  Marine  Sanctuary  in  1975. 

The  Sanctuary  protects  approximately  100  square  miles  of  marine  resources 
in  federal  waters  off  the  coast  of  Key  Largo,  Florida.  The  coral  reef  tract 
in  the  Sanctuary  represents  some  of  the  world's  northernmost  living  barrier 
reefs  and  the  only  reefs  located  in  continental  U.S.  waters.  A  diverse 
array  of  invertebrates  and  fish  inhabit  the  overhangs,  crevices,  sand  flats, 
seagrass  meadows  and  other  microhabi tats  located  in  the  Sanctuary. 

Accessible  from  Miami  and  the  upper  Keys,  the  Sanctuary  reefs  are 
heavily  used,  particularly  in  the  summer,  by  divers,  snorkelers,  research 
scientists  and  recreational  and  commercial  fishermen.  With  such  striking 
natural  resources,  and  educational  and  recreational  opportunities,  a  compre- 
hensive management  framework  is  essential  to  ensure  the  reef's  long-term 
viabil ity. 

Since  1975,  management  efforts  have  focused  on  increasing  under- 
standing of  the  reefs  ecology  through  research  and  on  encouraging  wise 
recreational  use  through  interpretation.  The  initial  programs  to  achieve 
these  goals  were  directed  by  a  management  plan  prepared  in  1979.  This 
revision  of  the  1979  management  plan  uses  knowledge  gained  from  past 
management  experiences  to  formulate  strategies  for  resource  protection, 
interpretation,  and  research  studies  over  the  next  five  years. 

The  plan  presents  the  future  sanctuary  management  in  two  phases.  During 
the  first  two  years  of  implementation  (Phase  1),  the  focus  will  be  on  resolving 
the  current  management  issues  and  improving  existing  operations.  Phase  2 
activities  will  be  determined  based  on  an  evaluation  of  the  effectiveness 
of  Phase  1  activities  and  identification  of  management  needs  over  the  longer 
term. 

Management  issues  of  concern  during  Phase  1  include:  concentration  of 
visitor  activities  in  the  southern  portion  of  the  sanctuary;  inadequate 
facilities  for  visiting  scientists  which  severly  limits  the  scope  of  work 
conducted  in  the  Sanctuary;  level  of  proposed  development  planned  for  upper 
Key  Largo  adjacent  to  the  Sanctuary;  and,  the  increasing  occurrence  of 
coral  and  fish  diseases.  Strategies  to  resolve  these  management  issues 
can  be  found  in  Section  III.  Phase  1  activities  are  likely  to  include: 

°  evaluate  mooring  buoys  effectiveness; 

°  evaluate  surveillance  and  enforcement  effectiveness; 


°  develop   long-term  interpretive  plan; 

°  determine  the  need  for  landbased  signage,  and  install   where 
appropriate; 

°   repair  Carysfort  Reef  Lighthouse  dock; 

°  study  endemic   lobster  population   cycles;   and, 

0  determine  study  needs   for  identification  of  cause(s)   of 
coral   and  fish  diseases. 


VI 


ACKNOWLEDGEMENTS 

The  Sanctuary  Programs  Division  would  like  to  thank  the  following  people 
for  contributing  their  time  and  expertise  in  developing  this  management  plan: 

Ellison  Hardee,  Bureau  of  Environmental  Land  Management,  Division 

of  Recreation  and  Parks,  Florida  Department  of  Natural  Resources, 

Virginia  Vail,  Bureau  of  Environmental  Land  Management,  Division 

of  Recreation  and  Parks,  Florida  Department  of  Natural  Resources, 

Captain  Mark  W.  Glissen,  Bureau  of  Park  Programs,  Division  of 

Recreation  and  Parks,  Florida  Department  of  Natural  Resources, 

John  Halas,  Key  Largo  National  Marine  Sanctuary, 

Lieutenant  Junior  Grade  Peter  Anderson,  Bureau  of  Park  Programs, 
Division  of  Recreation  and  Parks,  Florida  Department  of  Natural 
Resources, 

Renate  Skinner,  Bureau  of  Park  Programs,  Division  of  Recreation  and 
Parks,  Florida  Department  of  Natural  Resources, 

Grant  L.  Beardsley,  Southeast  Fisheries  Center,  National  Marine 

Fisheries  Service,  National  Oceanic  and  Atmospheric  Administration, 

Jim  Bohnsack,  Southeast  Fisheries  Center,  National  Marine  Fisheries 
Service,  National  Oceanic  and  Atmospheric  Administration, 

Rick  Childs,  Biscayne  National  Park,  National  Park  Service, 

Richard  Curry,  Resource  Management  Division,  Biscayne  National  Park, 
National  Park  Service, 

Linda  C.  Dye,  Resource  Management  Division,  Biscayne  National  Park, 
National  Park  Service, 

Walter  Jaap,  Marine  Research  Laboratory,  Florida  Department  of  Natural 
Resources, 

William  G.  Lyons,  Marine  Research  Laboratory,  Florida  Department 
of  Natural  Resources, 

Don  Marszalack,  Department  of  Marine  Geology,  Rosenstiel  School 
of  Marine  and  Atmospheric  Sciences,  University  of  Miami, 

James  Tilmant,  Marine  Biologist,  Everglades  National  Park  and  Fort 
Jefferson  National  Monument,  National  Park  Service. 


VI  i 


KEY  LARGO  NATIONAL  MARINE  SANCTUARY  MANAGEMENT  PLAN 


I.   INTRODUCTION 

A.  Authorising  Legislation 


Title  III  of  the  Marine  Protection,  Research  and  Sanctuaries  Act  of  1972, 
as  amended  in  1980,  (the  Act),  authorizes  the  Secretary  of  Commerce,  following 
Presidential  approval,  to  designate  special  marine  areas  as  national  marine 
sanctuaries  (Appendix  A).  Such  designation  is  intended  to  preserve  or  restore 
the  area's  conservation,  recreational,  ecological,  or  esthetic  values  through 
comprehensive  management.  The  Act  is  administered  by  the  National  Oceanic  and 
Atmospheric  Administration  (NOAA)  through  the  National  Ocean  Service  (NOS), 
Office  of  Ocean  and  Coastal  Resource  Management  (OCRM),  Sanctuary  Programs 
Division  (SPD). 


B.  Marine  Sanctuary  Program  Goals 


The  National  Marine  Sanctuary  Program's  mission  is  to  establish  a  system 
of  sanctuaries  based  on  the  identification,  designation,  and  comprehensive 
management  of  special  marine  areas  for  the  long-term  benefit  and  enjoyment 
of  the  public  (NOAA,  1982).  Once  designated,  sanctuary  resources  are  managed 
to  meet  the  following  goals: 

°  Enhance  resource  protection  through  implementation  of  a  comprehensive, 
long-term  multiple  use  management  plan  tailored  to  the  specific 
resources; 

°  Promote  and  coordinate  research  to  expand  scientific  knowledge 
of  significant  marine  resources  to  improve  management  decision- 
making in  marine  sanctuaries; 

°  Enhance  public  awareness,  understanding,  and  wise  use  of  the 
marine  environment  through  public  interpretive  and  recreational 
programs;  and, 

°  Provide  for  optimum  compatible  public  and  private  use  of  special 
marine  areas. 


C.  Key  Largo  National  Marine  Sanctuary 


The  only  living  coral  reef  tract  in  the  waters  of  the  continental  U.S. 
exists  in  the  Atlantic  Ocean  adjacent  to  the  Florida  Keys.  This  location  is 
at  the  geographic  limit  where  the  proper  environmental  conditions  necessary  for 
coral  survival  exist.  Natural  forces  such  as  hurricanes,  storms  and  the 
intrusion  of  colder  water  change  the  environment  from  time  to  time,  subjecting 
the  reefs  to  stressful  conditions.  Aside  from  such  natural  forces,  coral  reef 
survival  also  can  be  affected  by  recreational  and  commercial  activities. 
Thousands  of  visitors  are  attracted  to  these  coral  reefs  annually.  Many  local 


businesses  depend  directly  on  the  existence  of  healthy,  thriving  coral  reefs 
for  their  livelihood,  while  others  are  equally  dependent  on  the  tourists 
attracted  to  these  luxuriant  coral  reefs.  However,  in  the  past,  coral  damage 
has  been  caused  by  careless  boating  and  diving  practices  and  coral  takes  many 
years  of  growth  to  replace  broken  or  damaged  portions. 

The  potential  adverse  effect  of  human  activities  on  the  environmentally 
sensitive  South  Florida  Coral  Reef  Tract  led  to  the  designation  of  the  Key 
Largo  National  Marine  Sanctuary  in  1975.  Overall  management  responsibility 
rests  with  the  Sanctuary  Programs  Division,  while  the  Florida  Department  of 
Natural  Resources  assists  with  onsite  management.  Programmatic  goals  were 
established  by  the  Sanctuary  Programs  Division  to  provide  a  framework  for 
management  of  the  Sanctuary.  The  first  management  plan  for  the  Key  Largo 
National  Marine  Sanctuary,  published  in  1979,  includes  a  description  of 
sanctuary  resources  and  uses,  the  sanctuary  administrative  framework,  and 
the  types  of  activities  planned  for  the  Sanctuary  until  the  early  1980's. 

D.  Purpose  and  Scope  of  the  1983  Key  Largo  National  Marine  Sanctuary 

Management  Plan 

The  purpose  of  this  management  plan  is  to  provide  an  action-oriented,  for- 
ward-looking strategy  to  guide  sanctuary  management  for  the  next  five  years. 
Management  planning  involves  continuous  information  gathering  and  analysis  in 
order  to  respond  to  changing  conditions.  This  plan  is  based  on  knowledge 
gained  from  past  management  experiences  and  recently  developed  sanctuary 
program  policies.  It  provides  a  comprehensive,  yet  flexible,  management 
strategy  which  focuses  all  activities  over  the  coming  years.  Specific  programs 
to  implement  the  management  strategy  include  resource  protection,  research 
studies,  interpretation  and  administration. 

Direction  for  these  programs  is  provided  by  the  following  goals  and 
objectives  for  the  Key  Largo  National  Marine  Sanctuary: 

Resource  Protection  Management  -  Protecting  the  sanctuary 
resources  and  environment  is  an  important  function  of  the 
Marine  Sanctuary  Program. 

Specific  management  objectives: 

°  provide  resources  necessary  to  enforce  the  sanctuary 
regulations; 

°  ensure  that  Federal  regulations  adequately  protect 
sanctuary  resources  without  being  overburdensome;  and, 

°  design  contingency  operation  plans  for  environmental 
disasters  such  as  boat  groundings,  oil  spills,  fish 
kills  and  disease  epidemics. 

Interpretive  Management  -  The  interpretive  program  goal 
is  to  enhance  visitor  awareness  of  sanctuary  resources 


to  broaden  their  experiences  and  enhance  appreciation 
of  the  resources,  while  encouraging  wise  use. 

Specific  management  objectives: 

°  enhance  public  understanding  of  the  marine  environ- 
ment and  the  programs  used  to  protect  the  resources; 

°  inform  a  maximum  number  of  audiences,  including  users 
and  non-users;  and, 

°  increase  public  understanding  of  marine  issues  related 
to  and  affecting  the  Sanctuary,  including  an  appreciation 
of  the  need  for  sanctuary  designation. 

Research  Management  -  The  goal  for  sanctuary  research  is 
to  encourage  research  directed  toward  understanding  and 
managing  sanctuary  resources.  Information  gained 
through  research  will  aid  the  other  sanctuary  programs. 

Specific  management  objectives: 

0  establish  a  research  plan  that  will  provide  maximum 
benefit  to  sanctuary  management; 

°  identify  those  projects  that  should  be  given  highest 
priority  and  funding;  and, 

°  incorporate  research  results  into  the  resource  pro- 
tection and  interpretive  programs. 

The  Sanctuary  Programs  Division,  the  Florida  Department  of  Natural  Resources 
and  the  Management  Review  Committee  will  evaluate  management  effectiveness 
annually  to  fine-tune  management  direction  and  incorporate  newly  acquired 
information  into  the  decisionmaking  process.  After  the  fourth  year  of 
operations,  these  groups  will  combine  efforts  to  produce  an  updated  version 
of  the  Key  Largo  National  Marine  Sanctuary  Management  Plan. 


II.   KEY  LARGO  NATIONAL  MARINE  SANCTUARY 
A,  Regional  Context 


1 .  Sanctuary  Location 

The  Key  Largo  National    Marine  Sanctuary,  extends   from  the  3-mile 
limit  of  state  jurisdiction   off  Key  Largo,   Florida,   seaward  to  the  300-foot 
isobath.     The  Sanctuary  encompasses  100  square  miles,   approximately  20  miles 
in   length  and   varies   from  3-6  miles  in  width   (Figure   1). 

There  are  two  other  coral    preserves   in  the  immediate  area.     Sharing  a 
common   boundary  to  the  west  of  the  Sanctuary   is  the  John  Pennekamp  Coral   Reef 
State  Park,  established  in  1960  to  protect  the  waters  within  the  state's  3-mile 
jurisdictional    limit.     Directly  north  of  the  Sanctuary  is  the  Biscayne  National 
Park  which  preserves  175,000  acres  of  shallow  bay,  two  offshore  keys,   seagrass 
beds,   patch  reefs,  and  the  northernmost  reefs  of  the  South  Florida  Coral   Reef 
Tract. 

2.  Sanctuary  Access 

Because  the  Sanctuary  is  located  3  miles  offshore,  visitors  can  reach 
the  Sanctuary  only  by  some  type  of  marine  transportation.  Several  public  boat 
ramps  and  private  launching  facilities  located  along  the  Keys  provide  access 
points  for  boats  trailered  into  the  area.  Boaters  also  may  embark  from  private 
boat  docks  or  rental  concessions.  Although  a  boat  trip  to  the  Sanctuary  from 
the  Miami  area  takes  many  hours,  some  boaters  make  it  an  enjoyable  weekend  trip. 

3.  Sanctuary  Uses 

It  is  estimated  that  thousands  of  visitors  visit  the  Sanctuary  annually 
for  recreational,  commercial,  and  research  purposes  which  include: 

0  SCUBA  diving  °  scientific  research 

°  snorkeling  °  boating 

°  sport  fishing  °  water  skiing 

0  commercial  fishing  °  swimming 

B.  Sanctuary  Environment 

1 .  Physical  Environment 

a.  Climate 

Subtropical  climatic  conditions  prevail  in  the  Key  Largo  area 
due  to  the  southerly  latitude  of  the  area  and  the  warm  Florida  Current  which 
flows  along  the  Atlantic  coast.  The  Florida  Current,  and  the  occasionally 


KEY  LARGO  NATIONAL  MARINE  SANCTUARY 

LOCATION  MAP 


FIGURE  1 


meandering  current  waters,  known  as  spin-off  eddies  which  come  over  the  reef 
into  nearshore  areas,  warm  the  onshore  winds. 

Wind  speed  and  direction  are  variable  throughout  the  year,  however 
the  prevailing  winds  blow  easterly  to  southeasterly.  Strong  easterlies  can 
create  rough  conditions  on  the  outer  reefs.  Wind  speed  varies  from  10-15 
miles  per  hour  in  April,  the  windiest  month,  to  5  miles  per  hour  in  July  and 
August,  the  calmest  months.  During  winter  months  (November-April)  cold  fronts 
may  occur  on  an  average  of  one  per  week.  At  the  onset  of  a  cold  front,  winds 
blow  from  the  south,  southeast,  and  shift  to  north,  northwest  after  its  passage. 
The  northerly  winds  can  measure  up  to  25-30  knots.  During  the  summer,  winds 
are  light  and  variable,  primarily  from  the  southeast  direction.  Summer  months, 
however,  are  not  without  the  influence  of  storms  and  occassional  hurricanes. 

The  air  temperature  cycle  is  closely  linked  to  meteorological 
conditions.  The  mean  annual  air  temperature  is  76.2°  F  (24.6°C)  with  the 
highest  temperatures  occurring  in  August  and  the  lowest  temperatures  in  January. 
The  greatest  number  of  clear  days  occur  in  winter  and  early  spring.  The  number 
of  cloudy  days  increases  in  the  fall  as  clouds  originate  over  the  Straits  of 
Florida  and  are  transported  via  the  prevailing  winds. 

Average  yearly  rainfall  is  46.26"  with  the  rainy  season  occur- 
ring from  May  to  October  and  the  dry  season  from  November  through  April. 
During  the  summer,  thunderstorms  form  over  the  Florida  Current  and  move  inshore 
during  the  hottest  part  of  the  day. 

b.  Water  Masses 

Seawater  temperature  is  influenced  by  atmospheric  forcing,  the 
Florida  Current,  and  its  associated  eddies,  and  cross-shelf  outwelling  of 
Biscayne  Bay,  Card  Sound  and  Florida  Bay  waters.  Seawater  temperatures  fluctuate 
around  9°F  (5°C)  annually  over  outer  reefs  which  are   under  the  influence  of  the 
warm,  stable  Florida  Current.  Temperature  rarely  exceeds  89°F  (32°C)  and 
rarely  drops  below  68°F  (20°C).  However,  abrupt  changes  of  temperature  with 
depth  do  occur  off  deep  reefs  as  a  result  of  a  seasonal  thermocline  or  due  to 
a  spin-off  eddy  containing  upwel lings  of  deeper,  cooler  Florida  Current  water. 
Additionally,  passage  of  cold  fronts  with  attendant  reduced  air  temperature 
causes  a  corresponding  drop  in  surface  seawater  temperature. 

The  annual  change  in  seawater  temperature  in  shallower  mid-  and 
inshore  shelf  locations  is  more  variable  (18°F  or  9.9°C).  On  the  shallow 
carbonate  shelf,  both  chilling  and  heating  of  seawater  is  more  rapid  and 
extreme.  Some  cold  air  fronts  produce  water  temperatures  that  could  be  lethal 
to  corals  (15°C).  Also,  advection  of  bay  and  sound  waters,  which  are  highly 
variable  in  temperature,  salinity  and  turbidity  conditions,  can  create  stressful 
conditions.  Reefs  off  Key  Largo  are  more  protected  from  the  latter  situation 
than  reefs  to  the  north  and  south  due  to  the  solid  Key  Largo  landmass  which 
has  few  tidal  inlets  thus  inhibiting  passage  of  bay  and  sound  waters. 

Salinity  remains  fairly  constant  throughout  the  Sanctuary  with 
slight  temporary  changes  due  to  spin-off  eddies,  shifts  in  current  direction, 
and  heavy  precipitation  or  evaporation  during  long  periods  of  direct  sunlight. 


Water  circulation  in  the  Sanctuary  results  from  the  combined 
effects  of  tide,  wind  and  the  Florida  Current  (General  Oceanics,  Inc.,  1982). 
Flow  on  the  outer  shelf  is  primarily  controlled  by  the  Florida  Current  in  the 
form  of  its  northward  moving  front  and  random  spin-off  eddies.  Currents  in 
the  inner-  and  mid-shelf  regions  result  mainly  from  tide  and  wind  forcing, 
which  varies  seasonally.  During  winter  months  (November-April)  average  longshore 
current  is  toward  the  southwest  with  speeds  of  about  one-tenth  of  a  knot. 
Under  the  influence  of  prolonged  northwest  winds  associated  with  cold  front 
passage,  water  flow  may  approach  or  exceed  one  knot.  During  the  summer,  the 
average  flow  reverses  to  the  northeast  with  about  the  same  magnitude  as  the 
winter. 

c.  Historical  Geology 

The  Florida  Keys  are  a  crescent  chain  of  small  limestone  islands 
extending  150  miles  from  near  Miami  on  the  north  to  the  Dry   Tortugas  on  the 
southwest.  This  island  chain  curves  around  the  southern  end  of  the  mainland 
to  bend  west  of  the  Florida  Peninsula.  The  shape  of  the  Keys  changes  from 
that  of  a  typical  northeast-southwest  oriented  barrier  island  in  the  north,  to 
elongated  islands  with  a  northeast-southwest  orientation  in  the  south.  The 
Keys  are  bounded  on  the  ocean  side  by  the  Florida  Current  and  on  the  Gulf  side 
by  Biscayne  Bay,  Florida  Bay,  and  their  adjoining  waters. 

Several  theories  have  been  proposed  concerning  the  geological 
formation  of  the  Florida  Keys.  One  theory  asserts  that  the  present  Keys 
represent  the  remains  of  a  relict  coral  reef  from  the  Pleistocene  Age,  while 
another  theory  claims  the  Keys  originated  as  lagoon  patch  reefs  in  the  back 
reef  area  of  a  coral  reef  located  inshore  of  the  present  position. 

The  Keys  consist  of  two  main  formations  of  the  Pleistocene  Age  -- 
Key  Largo  limestone  and  Miami  limestone  with  the  former  being  coral  reef 
rock  and  the  latter  being  an  oolitic  limestone.  The  Key  Largo  limestone  is 
the  surface  rock  of  the  upper  Keys  and  lies  beneath  the  Miami  limestone  in  the 
lower  Keys. 

Offshore,  the  ocean  bottom  is  underlain  by  Key  Largo  limestone 
with  post-Pleistocene  Key  Largo  limestone  overlaying  the  older  rock  and 
increasing  in  thickness  seaward.  Covering  all  of  this  is  a  layer  of  calcium 
carbonate  sediments.  The  outer  reef  base  is  post-Pleistocene  Key  Largo  lime- 
stone formation  overgrown  in  large  areas  by  stands  of  living  coral. 

2.  Living  Marine  Resources  --  The  Communities 

A  variety  of  tropical  marine  habitats  and  associated  biological 
communities  are   found  within  the  Sanctuary  and  adjacent  marine  parks  (Figure  2). 
A  description  of  biological  communities  is  presented  first,  followed  by  a  dis- 
cussion of  the  resource  locations  and  environmental  conditions  in  the  Sanctuary. 

a.  Seagrass  and  Sand  Communities 

A  major  portion  of  the  State  Park  and  portions  of  the  Sanctuary 
consist  of  seagrass  communities  growing  on  sand  substrate.  Seagrasses  begin 
at  the  intertidal  zone  along  the  shore  and,  except  in  the  deep,  silt  bottom  of 

8 


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Water  circulation  in  the  Sanctuary  results  from  the  combined 
effects  of  tide,  wind  and  the  Florida  Current  (General  Oceanics,  Inc.,  1982). 
Flow  on  the  outer  shelf  is  primarily  controlled  by  the  Florida  Current  in  the 
form  of  its  northward  moving  front  and  random  spin-off  eddies.  Currents  in 
the  inner-  and  mid-shelf  regions  result  mainly  from  tide  and  wind  forcing, 
which  varies  seasonally.  During  winter  months  (November-April)  average  longshore 
current  is  toward  the  southwest  with  speeds  of  about  one-tenth  of  a  knot. 
Under  the  influence  of  prolonged  northwest  winds  associated  with  cold  front 
passage,  water  flow  may  approach  or  exceed  one  knot.  During  the  summer,  the 
average  flow  reverses  to  the  northeast  with  about  the  same  magnitude  as  the 
winter. 

c.  Historical  Geology 

The  Florida  Keys  are  a  crescent  chain  of  small  limestone  islands 
extending  150  miles  from  near  Miami  on  the  north  to  the  Dry   Tortugas  on  the 
southwest.  This  island  chain  curves  around  the  southern  end  of  the  mainland 
to  bend  west  of  the  Florida  Peninsula.  The  shape  of  the  Keys  changes  from 
that  of  a  typical  northeast-southwest  oriented  barrier  island  in  the  north,  to 
elongated  islands  with  a  northeast-southwest  orientation  in  the  south.  The 
Keys  are  bounded  on  the  ocean  side  by  the  Florida  Current  and  on  the  Gulf  side 
by  Biscayne  Bay,  Florida  Bay,  and  their  adjoining  waters. 

Several  theories  have  been  proposed  concerning  the  geological 
formation  of  the  Florida  Keys.  One  theory  asserts  that  the  present  Keys 
represent  the  remains  of  a  relict  coral  reef  from  the  Pleistocene  Age,  while 
another  theory  claims  the  Keys  originated  as  lagoon  patch  reefs  in  the  back 
reef  area  of  a  coral  reef  located  inshore  of  the  present  position. 

The  Keys  consist  of  two  main  formations  of  the  Pleistocene  Age  -- 
Key  Largo  limestone  and  Miami  limestone  with  the  former  being  coral  reef 
rock  and  the  latter  being  an  oolitic  limestone.  The  Key  Largo  limestone  is 
the  surface  rock  of  the  upper  Keys  and  lies  beneath  the  Miami  limestone  in  the 
lower  Keys. 

Offshore,  the  ocean  bottom  is  underlain  by  Key  Largo  limestone 
with  post-Pleistocene  Key  Largo  limestone  overlaying  the  older  rock  and 
increasing  in  thickness  seaward.  Covering  all  of  this  is  a  layer  of  calcium 
carbonate  sediments.  The  outer  reef  base  is  post-Pleistocene  Key  Largo  lime- 
stone formation  overgrown  in  large  areas  by  stands  of  living  coral. 

2.  Living  Marine  Resources  --  The  Communities 

A  variety  of  tropical  marine  habitats  and  associated  biological 
communities  are   found  within  the  Sanctuary  and  adjacent  marine  parks  (Figure  2). 
A  description  of  biological  communities  is  presented  first,  followed  by  a  dis- 
cussion of  the  resource  locations  and  environmental  conditions  in  the  Sanctuary. 

a.  Seagrass  and  Sand  Communities 

A  major  portion  of  the  State  Park  and  portions  of  the  Sanctuary 
consist  of  seagrass  communities  growing  on  sand  substrate.  Seagrasses  begin 
at  the  intertidal  zone  along  the  shore  and,  except  in  the  deep,  silt  bottom  of 

8 


Hawk  Channel,  extend  seaward  to  the  back  reef  zone  of  the  outer  reefs.  Of  the 
approximately  six  species  of  marine  grasses  found  in  Florida  waters,  two 
are  dominant  in  the  Sanctuary.  Turtle  grass  (Thalassia  testudinum)  is  the 
dominant  seed-bearing  plant  (angiosperm)  of  shallow  waters.   It  is  found  wherever 
the  sediment  is  sufficiently  thick  and  stable  for  the  grass  to  develop  a  root 
system,  which  may  penetrate  to  18  inches  or  more.  Manatee  grass  (Syringodium 
fil i forme)  grows  in  deeper  parts  of  the  Sanctuary  and  is  either  mixed  with 
turtle  grass  or  forms  sparse  beds  of  its  own. 

The  seagrass  and  sand  communities  are  rich  and  diverse. 
Characteristically,  many  species  of  algae  and  encrusting  invertebrates  such 
as  sponges,  hydrozoans,  flatworms  and  tunicates  are  found  growing  attached  to 
blades  of  turtle  grass,  as  well  as  to  rocks  and  rubble  in  sand  bottom  areas. 
Other  bottom-dwelling  invertebrate  groups  associated  with  seagrass  and  sand 
communities  include  sea  stars,  sea  cucumbers,  sea  urchins,  sea  snails,  pen 
shells,  clams,  sea  slugs,  octopods  and  squids.  Small  outcroppings  of  finger 
coral  and  isolated  heads  of  massive  corals  also  occur.  Seagrass  meadows  also 
serve  as  nurseries  for  a  wide  variety  of  juvenile  fishes  and  invertebrates, 
including  shrimp  and  lobster. 

In  seagrass  beds,  as  elsewhere  in  the  reef  complex,  fish  and 
invertebrates  exhibit  patterns  of  nocturnal  and  diurnal  behavior  related  to 
feeding  activities,  sheltering,  and  hiding.  Seagrass  and  sand  communities 
support  both  resident  inhabitants  and  transient,  coral  reef-dependent  animals 
which  migrate  there  at  night.  By  day,  damselfish,  wrasses  and  juvenile 
white  grunt  are  found  near  sparce  coral  outcroppings  and  parrotfish,  goatfish 
and  other  browsers  move  in  and  out  of  the  area.     At  night  an  entirely  different 
cast  is  encountered,  including  snappers,  groupers,  squirrelfish  and  various 
grunts.  Most  nocturnal  foragers  retreat  to  the  coral  reef  as  dawn  approaches. 

b.  Patch  Reef  Communities 

Patch  reefs  are   formed  by  loose  aggregations  of  massive  head 
corals  growing  on  top  of  a  rubble  matrix.  Dominate  coral  species  include  star 
corals  (Montastraea  annularis,  ^.  cavernosa,  Siderastraea  sidera,  and  Dichocoenia 
stokesii),  brain  corals  (Colpophyllia  natans,  Diploria  labyrinthiformis,  and 
JD.  stigosa)  and  finger  coral  (Porites  astreoides).  Patch  reefs  are   charac- 
teristically surrounded  by  a  halo  of  coarse  sand  and  rubble  kept  free  from 
encroaching  turtle  grass  by  browsing  parrotfish  and  sea  urchins. 

Most  non-sessile  invertebrates  on  patch  reefs  (e.g.,  crabs, 
lobsters,  snails,  octopus,  sea  stars)  are   nocturnal;  mobile  species  hide  by  day 
in  reef  caves  and  crevices  and  emerge  at  dusk  to  begin  their  nighttime  foraging 
activities.  Large  predators  tend  to  feed  at  any  time,  but  are   especially 
active  at  dawn  and  dusk.  Fishes  that  are   active  at  night  tend  to  be  drabbly 
colored  (e.g.  grays  and  browns).  On  patch  reefs,  these  include  french  angel- 
fish,  black  grouper,  blue  tangs,  bluestriped  grunt,  and  some  parrotfish  species. 
During  the  day,  the  brilliant  yellow,  blue  and  green  fishes  dominate.  On 
patch  reefs,  these  include  sergeant  major,  bluehead  wrasse,  queen  and  rainbow 
parrotfish,  and  juvenile  white  grunt. 


11 


c.  Hardbottom  Communities 

Hardbottoms  are  bedrock  areas  veneered  by  encrusting  and  small 
head  corals,  numerous  octocorals,  and  their  associated  communities.  Small 
knobs  of  coral  less  than  3  feet  in  diameter  are  common  including  starlet  coral 
(Siderastrea  siderea),  elliptical  star  coral  (Dichocoenia  stokesii),  golf  ball 
star  coral  ("Favia  fragum),  lobed  star  coral  (Solenastrea  hyades),  finger  coral 
(Porites  astreoides),  and  knobby  brain  coral  (Diplopia  clivosaT.  Various 
species  of  green  and  brown  algae  and  a  variety  of  sponges,  soft  corals,  and 
other  invertebrates  also  are   associated  with  hardgrounds.  Hardgrounds  differ 
from  coral  reef  areas  in  that  they  occur  on  a  substrate  that  was  not  formed 
from  the  recent  reproduction  and  growth  of  their  associated  fauna.  Habitat 
diversity  is  lower  in  the  hardground  than  coral  reef  communities,  resulting  in 
lower  diversity  of  fish  and  invertebrates. 

d.  Outer  Coral  Reef  Communities 

Coral  reef  communities  reach  their  maximum  diversity  on  outer 
shelf  coral  reefs.  The  luxurient  outer  coral  reefs  in  the  Sanctuary,  result 
from  open-ocean  circulation  of  warm,  clear  Florida  Current  waters  and  the 
absence  of  colder,  turbid,  less  saline  Florida  Bay  waters.  The  nearly  con- 
tinuous landmass  of  Key  Largo  restricts  mixing  of  bay  and  ocean  waters  and 
contributes  to  a  more  stable  offshore  environment. 

Coral  reef  areas  are  those  communities  that  show  active  vertical 
and  lateral  coral  growth  in  association  with  dead  coral  still  in  a  growth 
position.  As  they  die,  the  coral's  hard  skeletons  contribute  to  reef  develop- 
ment. In  Sanctuary  waters,  bank  reefs  located  at  the  shelf  edge  or  just  land- 
ward on  the  mid-shelf  reef  platform  form  the  foundation  for  these  reef  com- 
munities. 

A  common  environmental  characteristic  of  a  bank  reef  is  open 
circulation  and  relatively  high  energy  current  conditions,  where  temperature 
and  salinity  regimes  are  more  stable.  There  are  approximately  14  miles  of 
bank  reefs  within  the  Sanctuary  with,  reef  height  typically  on  the  order  of 
10-15  feet. 

Bank  reef  areas  are  highly  diversified  with  many  showing  distinctive 
zonation.  Elkhorn  coral  (Acropora  palmata),  a  massive,  branching  sceleractinian 
coral,  is  the  chief  builder  of  bank  reefs.  Because  it  is  able  to  withstand  strong 
currents,  its  presence  is  an  indication  of  open  circulation.  Its  optimum  depth 
range  is  from  the  surface  to  25  feet. 

In  less  turbulent  areas  behind  elkhorn  coral,  thickets  of  staghorn 
coral  (/\.  cervicornis)  and  clubbed  finger  coral  (Porites  porites)  are   found  in 
varying  abundance.  These  species  indicate  back  reef  zones  with  less  turbulent 
energy  conditions.  In  certain  areas,  the  zonation  continues  and  massive  coral 
heads  are   seen.  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,  making  them  top 


12 


heavy  and  especially  vulnerable  to  wave  action  as  they  grow.  The  star  coral 
(Montastrea  annularis)  is  the  most  abundant  head  coral  in  the  Sanctuary  bank 
reefs.  Other  less  abundant  corals  include  the  brain  corals  (Diploria  strigosa, 
D.  labyrinthiformis,  Colpophyllia  natans)  and  the  other  star  corals 
X^.  cavernosa  and  Siderastrea  siderea). 

Less  abundant  hard  corals  grow  among  the  framework  of  bank  corals 
and  include  lettuce  coral  (Agaricia  agaricites),  finger  coral  (Porites 
astreoides),  fungus  coral  (Mycetophyl lia  lamarckiana),  elliptical  star  coral 
(D.  stokesii),  flower  coral  (Eusmill  ia Tastigiata) ,  brain  corals  (Colpophyl 1 ia 
spp.  and  Meandrina  meandrites)  and  solitary  disk  coral  (Mussa  angulosa).  Fire 
coral  (Millepora  complanata)  is  important  on  certain  bank  reefs.   It  also 
secretes  a  hard  calcareous  skeleton  and  requires  a  hard  substrate  for  growth. 
Calcareous  algae,  sponges,  sea  fans,  and  other  invertebrates  are   important 
components  of  the  coral  reef  ecosystem  and  are  quite  varied  throughout  the 
reef  areas  of  the  Key  Largo  National  Marine  Sanctuary. 

The  associated  fish  life  also  is  abundant  and  diverse.  The 
structural  complexity  of  the  outer  bank  reefs  provides  many  hiding  places 
and  its  productivity  provides  an  abundance  of  plant  and  animal  food. 
Encountered  by  day,  hovering  in  mid-water  above  the  fore  reef,  are   amberjacks, 
barracudas,  blue  chromis,  rainbow  and  Creole  wrasses  and  triggerfish.  Found  in 
close  association  with  the  coral  reef  surface  are  blue  tangs;  bluehead  wrasses; 
small  mouth,  bluestripe  and  French  grunts;  yellowtail  and  threespot  damselfish; 
and,  gray  snappers.  Occasionally,  found  perched  on  top  of  a  coral  head  or  rock 
are  lizardfish,  scorpionf ish,  blennies  and  gobies,  and  near  the  protection  of 
a  cave  or  under  a  ledge  are  found  moray  eels,  Spanish  grunts,  porkfish, 
squi rrelfish,  glass  sweepers,  cardinalf ish,  drums  and  bicolor  damselfish. 
Sand  perch,  sand  tilefish,  goatfish,  flounders  and  rays  are  associated  in  sand 
bottom  areas,  such  as  in  the  sand  channels  or  grooves  between  coral  spurs  on 
the  fore  reef  slope.  At  night,  many  of  the  fishes  that  hide  in  caves  or  under 
ledges  by  day  roam  the  reef  or  nearby  grassbeds  until  dawn. 

Fishes  in  the  Key  Largo  National  Marine  Sanctuary  have  been  pro- 
tected from  spearfishing  and  trapping  for  almost  a  decade,  and  as  a  result, 
the  community  structure  and  the  behavior  of  fishes  towards  divers  are   different 
from  that  encountered  in  nonprotected  areas.  Large  snappers,  groupers, 
mackerels,  moray  eels,  barracudas,  jacks  and  sharks  are  more  abundant  and 
larger  in  the  Sanctuary  relative  to  spearfished  reefs.  Also,  fishes  are   more 
approachable  and  less  afraid  of  divers  in  the  Sanctuary  (Bohnsack,  1982). 

e.  Deep  Water  Reef  Communities 

Roughly  one-half  of  the  Sanctuary  lies  in  100-300  ft.  of  water. 
Deep  water  reef  communities  extend  down  to  130  ft.  beyond  which  the  bottom  is 
covered  with  sand  and  algal  rubble.  There  are  several  possible  explanations 
for  why  reefs  don't  extend  beyond  this  depth:  (1)  water  depth  in  the  Sanctuary 
is  too  great  for  corals  to  become  established;  (2)  lack  of  a  hard  substrate 
for  coral  attachment;  (3)  reefs  grew  in  the  deep  water  areas  in  the  past,  but 
more  recently  have  been  covered  by  sediment  accumulation;  or  (4)  sea  level  has 
been  rising  too  rapidly  for  reef  establishment  until  the  past  5,000  years, 
when  the  rise  slowed  enough  to  permit  coral  growth  (N0AA,  1981). 

13 


Reduced  light,  water  movement,  temperature  and  availability  of 
food  are  also  regarded  as  barriers  which  exclude  certain  reef  flora  and  fauna 
from  extending  their  range  from  shallower  reef  areas  to  the  deep  reef  tract. 
To  accommodate  reduced  light  conditions,  dominant  corals  such  as  the  star 
coral  (Montastraea  cavernosa),  lettuce  coral  (Agarcia  lamarcki )  and  branching 
coral  (Matracis  mirabilis)  assume  a  flattened,  plate-like  form  which  maximizes 
interception  of  solar  radiation.  Common  shallow  water  fish  species  are  replaced 
by  deep  water  forms.  For  example,  the  brown  chromis  which  occurs  with  the 
blue  chromis  as  dominant  mid-water  plankton  feeders  on  the  fore-reef  slope  is 
replaced  by  the  sunshine  fish  on  the  deep  reef,  and  the  harlequin  bass  is 
replaced  by  the  tobaccofish  of  the  same  genus  (NOAA,  1981). 

3.  Living  Marine  Resources  --  The  Habitats 

Distribution  of  habitats  in  the  Sanctuary  reflects  the  local  and 
regional  geomorphology  of  the  Florida  reef  tract.  Trending  seaward  from  the 
shoreline,  bottom  topograpy  is  characterized  by  a  series  of  low  shelf  banks  or 
ridges  alternating  with  shallow  channels  or  valleys  that  parallel  the  Keys  and 
the  outer  edge  of  the  shelf  (Hof fmei ster,  1974).  Reefs  are   best  developed  on 
the  outer  edge  of  the  shelf. 

The  reef  tract  in  the  Sanctuary  can  be  divided  into  five  major 
zones  (beginning  from  the  Keys  and  moving  seaward,  see  Figure  2): 

(1)  Hawk  Channel ; 

(2)  mid-shelf  reef  platform; 

(3)  sand  channel ; 

(4)  offshore  reefs;   and, 

(5)  deep   reefs. 

These  major  reef  habitats  and  their  associated  biological  communities  are   dis- 
cussed in  the  following  section. 

a.  Hawk  Channel 


The  prominent  channel  adjacent  to  the  Keys  is  Hawk  Channel. 
Three  miles  wide  on  the  average  and  up  to  15  feet  deep,  Hawk  Channel  extends 
from  Biscayne  National  Park  south  to  well  into  the  lower  Keys.  The  bottom  of 
Hawk  Channel  is  covered  with  soft  fine  sediments  with  sparse  patches  of  sea- 
grasses,  and  is  flanked  by  sand  bottom  areas  and  seagrass  beds  mixed  with 
scattered  inshore  hardgrounds  and  patch  reefs  in  the  east.  Ocean  Reef,  Turtle 
Harbor  and  Rock  Harbor  are  sand  bottom  areas  dominated  by  turtle  grass,  and 
North  Channel,  South  Channel  and  Port  Elizabeth  are   sand  bottom  areas  with 
turtle  grass  and  hardground  with  octocorals,  sponges  and  small  head  corals 
(Voss,  1982).  Angelfish  Creek  is  an  isolated  patch  reef  surrounded  by  turtle 
grass;  Basin  Hill  Shoals  and  Mosquito  Bank  are  large,  shallow  banks  of  turtle 
grass  dotted  with  patches  of  mixed  hard  and  soft  corals.  Water  depths  over 


14 


inshore  patch  reefs  range  from  less  than  1  meter  to  just  over  4  meters.  Water 
clarity,  controlled  by  local  wind  conditions  that  stir  up  shallow,  fine-grained 
bottom  sediments,  is  highly  variable  (Hudson,  1981).  John  Pennekamp  Coral 
Reef  State  Park  protects  most  of  the  Hawk  Channel  region  with  the  exception  of 
Basin  Hill  Shoals  and  Mosquito  Bank  which  extend  into  the  inner  boundary  of 
the  Sanctuary. 

b.  Mid-shelf  Reef  Platform 

The  mid-shelf  reef  platform  is  a  mosaic  of  habitats  including 
patch  reefs,  hardgrounds,  barrier-type  reef  formations,  sand  bottom  areas, 
and  sea  grass  beds.  This  region  of  the  Sanctuary  is  sometimes  referred  to 
as  intermediate  or  midshore  reefs  because  the  environmental  conditions  are 
intermediate  to  those  at  inshore  reefs  and  to  those  further  offshore.  Water 
clarity  is  improved  over  that  found  inshore  due  to  the  influx  of  offshore 
water  from  the  Florida  Straits  as  well  as  the  coarse-grained  sediments  that 
resist  resuspension  during  periods  of  turbulence  and  to  turtle  grass  beds  that 
trap  and  bind  unconsolidated  bottom  sediments  (Hudson,  1981). 

Size  and  complexity  of  coral  formations  at  the  intermediate  reef 
sites  are  less  than  that  found  at  offshore  reef  sites.  Key  Largo  Dry  Rocks 
and  Grecian  Rocks  are   the  most  similar  to  offshore  sites  of  the  group.  Grecian 
Rocks  has  a  back  reef,  well-defined  reef  crest  consisting  primarily  of  densely 
packed  elkhorn  coral,  and  a  short  fore  reef  slope  ending  in  a  flat,  sandy 
plateau.  Key  Largo  Dry  Rocks  lacks  a  well-defined  reef  crest,  but  does  have  a 
back  reef-rubble  zone  area  and  large  hard  coral  development  that  approximates 
spur-and-groove  formation. 

White  Bank  Dry  Rocks  and  Turtle  Rocks,  unlike  Key  Largo  Dry  Rocks 
and  Grecian  Rocks,  lack  any  morphological  similarity  to  offshore  reefs.  Turtle 
Rocks  is  a  loose  aggregation  of  patch  reefs  consisting  of  a  variety  of  hard 
corals.  Patch  reefs  are  separated  by  patches  of  turtle  grass  beds  and  sand 
bottom.  Patch  reefs  at  White  Bank  Dry  Rocks  are  shallower  and  more  consolidated 
than  those  at  Turtle  Rocks  (Voss,  1982). 

c.  Sand  Channel 


The  Sand  Channel    is  more  clearly  defined   in  the  northern  region 
of  the  Sanctuary  and  in  Biscayne  National   Park.     The  lack  of  definition  of  the 
Channel    in  the  middle  and  southern  portion  of  the  Sanctuary  results  from  long 
breaks  in  the  fore  reef   (Curry,   1983,   pers.  comm.). 

d.     Offshore  Reefs 

Offshore  reefs  include  Molasses,   French,  and  Carysfort  Reefs  and 
The  Elbow.     Jones  and  Thompson   (1978)  and  Voss   (1982)   provide  a  general    habitat 
description  of  these  reefs. 

Molasses  Reef  is  a  barrier-type  coral    reef  with  a  lagoon  community 
on  its  shoreward  side.     It  is  one  of  the  most  complex  and  productive  reefs  in 
the  Sanctuary  with  a  well-developed  spur-and-groove  system  on  the  outer  face 
of  the  reef.     Molasses  Reef  differs  from  Caribbean  barrier  reefs  by  having  an 

15 


extensive  back  reef  rubble  zone  separated  by  a  slightly  deeper  barren  zone 
from  a  poorly  defined  elkhorn  coral  (Acropora  palmata)  reef  crest. 

The  Elbow  is  similar  to  Molasses  Reef  in  having  a  spur-and-groove 
structure  on  the  outer  face  and  extensive  back  reef  rubble  zone.  There  is 
an  old  shipwreck  on  the  reef  as  indicated  by  parts  of  the  hull,  boilers  and 
engine. 

French  Reef,  also  has  a  spur-and-groove  formation  on  the  outer 
face,  although  it  is  not  as  well-defined  as  at  The  Elbow,  and  the  zone  of 
active  coral  growth  extends  farther  seaward  than  at  Molasses  Reef.  The  spurs 
are   dominated  by  massive  star  corals  (Montastea  annularis)  and  are   often  inter- 
laced with  caves  and  passages.  French  Reef  also  has  extensive  back  reef  rubble. 

Carysfort  Reef  shows  a  zonation  and  structure  typically  described 
for  Caribbean  barrier  reefs  (Goreau,  1959).  There  is  a  wel 1 -developed  back 
reef  zone  and  elkhorn  coral  (Acropora  palamata)  reef  crest,  which  may  be  exposed 
at  low  tide.  A  fore  reef  slope  gives  way  to  a  narrow  gently  sloping  soft 
coral  community  that  ends  abruptly  in  extensive  staghorn  coral  (Acropora 
cervicornis)  thickets  that,  at  approximately  14  meter  water  depths,  are   not 
found  on  any  other  offshore  reefs.  Further  offshore,  a  barren  zone  grades 
into  a  deep  reef  slope  that  ends  in  a  sand  terrace  at  approximately  21  meter 
water  depths. 

e.  Deep  Reefs 

A  deep  reef  zone  occupies  an  area  of  50  square  nautical  miles 
(130  square  kilometers)  on  the  slope  of  the  continental  shelf  in  water  depths 
greater  than  100  feet  (30.4  meters)  (N0AA,  1981).  Off  French  Reef,  the  deep 
reef  is  a  continuous  extension  of  the  shallow  reef,  and  off  The  Elbow,  the  two 
reefs  are   separated  by  a  sand  bottom  and  soft  coral  community.  The  deep  reef 
off  South  Carysfort  Reef  is  completely  isolated  from  the  shallow  reef,  and  is 
unique  because  the  common  shallow-water  staghorn  coral  is  present. 

At  30  meters,  coral  and  other  epibenthic  organisms  grow  on  top  of 
outcroppings  or  isolated  carbonate  structures  that  appear  to  be  spurs  from 
anticedent  spur-and-groove  systems  that  developed  when  sea  level  was  at  a 
lower  stand  (Jaap,  1981).  The  deep  reef  formations  are  surrounded  by  algal 
covered  sediments  and  extend  seaward  to  40  meter  depths.  Seaward  of  this 
depth,  the  bottom  is  algal  covered  cobble  with  other  sedimentary  deposits, 
rose  and  finger  corals,  occasional  large  sponges  and  tilefish  burrows.  Beyond 
55  meters  (181  feet),  the  algal  cobble  disappears  and  a  fine  sand  plain  extends 
to  300  feet  (91.4  meters).  Except  for  numerous  inconspicuous  algae  and 
occasional  tilefish,  sea  bisquits,  sea  urchins  and  starfish,  this  deep  zone 
apprears  to  be  barren  bottom. 

4.  Cultural  and  Historical  Resources 

a.  Carysfort  Reef  Lighthouse 

The  most  prominent  cultural  resource  of  the  Sanctuary  is  Carysfort 
Reef  Lighthouse,  located  at  the  north  end  of  the  Sanctuary.   It  was  the  first 

16 


lighthouse  built  by  the  U.S.  Lighthouse  Service  on  the  Florida  reef  tract  and 
served  as  a  prototype  for  the  other  lighthouses  in  the  Florida  Keys  built  on 
severely  exposed  areas.  Construction  began  in  1848  by  Captain  Howard  Stansburg 
of  the  U.S.  Topographical  Corps  of  Engineers.  Its  light  was  first  ignited  on 
March  10,  1852,  replacing  a  lightship  that  had  been  stationed  on  Carysfort 
Reef  since  1825.  Situated  in  approximately  6  feet  (1.8  m)  of  water,  the  light- 
house is  an  iron  skeleton  tower  on  a  pile  foundation  rising  100  feet  (32.3  in) 
above  mean  low  water.  NOAA  is  currently  conducting  a  structural  analysis  of 
the  lighthouse  as  the  first  step  in  making  some  necessary  improvements  to  the 
dock  and  living  quarters  so  that  it  can  be  used  to  a  limited  extent  as  a  base 
of  operations  for  visiting  scientists. 

b.  Shipwrecks 

In  1733  almost  an  entire  fleet  of  a  21-ship  Spanish  flotilla  was 
1  ost  off  Key  Largo.  Of  these  ships,  two  gal  leons,  JE1_  Infante  and  San  Jose  ^v_ 
los  Amenas,  have  been  located  outside  the  southern  boundary  of  the  Sanctuary. 
Apparently  the  fleet  was  hit  by  a  hurricane  while  returning  to  Spain.  A  hurri- 
cane may  also  have  played  the  dominant  role  in  the  groundings  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  Sanctuary,  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)  southwest  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  Winchester's  cannons,  recovered  in  1940,  are  on  display  at  the  John 
Pennekamp  Coral  Reef  State  Park  headquarters. 

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  to  shallow  water  it  was  accidentally  rammed 
by  another  vessel.  The  hull  was  subsequently  used  for  bombing  practice  until 
it  was  dynamited  and  sunk  in  50  feet  (15.2  m)  of  water.  This  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  in  30  feet  (9  m)  of  water  lie  the  remains  of  a  wooden  ship  encrusted 
with  corals,  seawhips,  and  sea  fans.  Heavy  wooden  beams  are   half  buried  but 
bronze  fastening  pins  are   still  visible.  The  original  name  and  nationality  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,  the  schooner  Windlass  lies  in  25  feet  (7.6  m)  of  water.  Its  broken 
remnants  are  scattered  around  the  coral  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  unknown  date. 


17 


In  shallow  water  on  White  Bank,  seaward  of  Basin  Hill  Shoals, 
sits  the  wreck  of  the  Charles  W.  Baird.  The  hull  of  this  ocean-going  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  Sanctuary. 
Approximately  300  feet  (91.4  m)  west  of  the  wreck  of  the  Towanda  (at  The  Elbow) 
lies  a  \/ery   old  cannon.  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. 

c.  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,  Christ  of  the  Deep.  It  is  at 
Key  Largo  Dry  Rocks  standing  in  approximately  25  feet  (7.6  m)  of  water, 
6  miles  (9.5  km)  east-northeast  of  the  south  cut  of  Largo  Sound.  Marked  by 
an  orange  and  white  surface  buoy,  the  4,000  lb.  statue  rests  upon  a  21-ton 
concrete  base.  The  statue,  created  by  Guido  Galletti  of  Italy,  is  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  Key 
Largo  Dry  Rocks  by  the  Florida  Park  Service  for  diving  enthusiasts  to 
enjoy. 


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IV.   GUIDELINES  FOR  CONTINUING  PROGRAM  MANAGEMENT 
A.  Introduction 


This  section  introduces  the  administrative  framework  and  programs  designed 
to  attain  programmatic  and  site-specific  goals. 


B.  Administration 


Management  of  sanctuary  programs  and  activities  is  carried  out  by  a 
tripartite  administrative  framework  consisting  of  the  Sanctuary  Programs 
Division,  the  Florida  Department  of  Natural  Resources,  and  the  Management 
Review  Committee.  Coordination  and  cooperation  of  these  entities  is  essential 
for  successful  management  and  resource  protection.  An  overview  of  administra- 
tive responsibilities  and  the  relationships  between  these  groups  is  presented 
below.  Following  the  overview,  management  roles  for  each  program  are  presented 
in  detail . 

Sanctuary  Programs  Division 

Ultimate  responsibility  for  the  legislative  mandate  presented  in  Title 
III  of  the  Act  rests  with  the  Sanctuary  Programs  Division  (SPD)  within  the  Office 
of  Ocean  and  Coastal  Resource  Management,  National  Ocean  Service  (NOS)  of  the 
National  Oceanic  and  Atmospheric  Administration  (NOAA),  U.S.  Department  of 
Commerce.  SPD  administers  the  program  and  provides  all  funding  for  the  Sanct- 
uary. Headquarters  for  the  National  Marine  Sanctuary  Program  is  at  3300 
Whitehaven  Street,  N.W.,  Washington,  D.C.  20235  (202/634-4236). 

Florida  Department  of  Natural  Resources 

SPD  delegates  certain  onsite  responsibilities  to  the  Florida  Department 
of  Natural  Resources  (FDNR)  through  Cooperative  Agreements.  Adminstrative 
support  is  provided  by  the  Bureau  of  Environmental  Land  Management,  FDNR, 
located  at  3900  Commonwealth  Boulevard,  Tallahassee,  Florida  32303  (904/488-6242) 

The  Sanctuary  Manager  and  Sanctuary  Biologist  representing  NOAA  and  FDNR 
onsite  have  offices  at  the  John  Pennekamp  Coral  Reef  State  Park,  US  #1,  Key 
Largo,  Florida  33037  (305/451-2770).  Through  these  positions,  NOAA  and  FDNR 
implement  sanctuary  research,  education  and  enforcement  programs,  and  evaluate 
the  effectiveness  of  these  programs  and  sanctuary  regulations. 

Management  Review  Committee 

A  method  of  selecting  members  of  the  Management  Review  Committee  and  terms 
of  reference  for  its  operation  will  be  developed  within  the  next  year.  The 
criteria  for  establishing  membership  should  be  in  place  within  six  months  of 
the  adoption  of  this  plan.  As  many  groups  as  possible  which  have  indicated  an 
interest  in  Key  Largo  before,  during,  and  after  designation  as  a  marine  sanctuary 
will  be  contacted  by  the  Sanctuary  Manager  during  the  process  of  establishing  the 
Management  Review  Committee.  NOAA's  Sanctuary  Programs  Division  will  make  the 
final  decision  on  membership.  The  Management  Review  Committee  will  not  perform 

23 


a  management  role  in  a  direct  manner  but  will  provide  for  effective  continuing 
public  participation  and  ensure  communication  among  all  users  and  interest 
groups  involved  with  the  Sanctuary.  Membership  on  the  Management  Review  Com- 
mittee will  be  drawn  from  research  and  educational  institutions,  government 
agencies,  and  local  citizen  groups  which  express  an  interest  in  participating. 
Typical  of  the  kinds  of  interest  that  might  be  represented  on  the  Committee  are: 
Sea  Grant  Advisory  Council,  South  Atlantic  Fishery  Management  Council,  Keys 
Association  of  Dive  Operators,  National  Park  Service,  National  Marine  Fisheries 
Service,  Marine  Research  Laboratory  (FDNR),  Sierra  Club,  National  Audubon 
Society,  and  universities  which  are   carrying  out  research  in  the  Sanctuary. 

1.  Administration:  Roles  and  Responsibilities 

Sanctuary  Programs  Division 

a.  Reviews  activities  and  needs  of  sanctuaries  to  determine  how 
program  resources  can  best  be  allocated  among  existing  sanc- 
tuaries. 

b.  Advises  and  assists  the  state  in  the  preparation  and  adminis- 
tration of  the  Sanctuary's  budget,  and  provides  funding  for 
sanctuary  programs. 

c.  Negotiates  yearly  Cooperative  Agreements  with  FDNR. 

d.  Informs  FDNR,  manager  and  biologist  when  SPD  adopts  new 
policies  and  program  changes. 

e.  Reviews  periodic  reports  of  resource  health,  resource  protection, 
administration,  research  and  interpretation  to  assess  progress 
toward  management  objectives. 

f.  Assists  in  developing  an  operational  plan  to  guide  Federal  and 
state  program  administration. 

Florida  Department  of  Natural  Resources 

a.  Determines  Sanctuary  budget  requirements  annually  and  submits 
proposal  to  SPD. 

b.  Monitors  sanctuary's  performance  in  meeting  management  and 
administrative  objectives. 

c.  Assists  in  developing  an  operational  plan  to  guide  Federal  and 
state  program  administration. 


24 


Sanctuary  Manager 

a.  Informs  FDNR  of  needs  and  budget  priorities  for  the  upcoming 
year. 

b.  Assists  in  developing  an  operational  plan  to  guide  Federal 
and  state  program  administrative  responsibilities. 


Sanctuary  Biologist 

a.  Informs  FDNR  of  needs  and  budget  priorities  for  the  upcoming 
year. 

b.  Assists  in  developing  an  operational  plan  to  guide  Federal 
and  state  program  administrative  responsibilities. 


2.  Resource  Protection:  Roles  and  Responsibilities 
Sanctuary  Programs  Division 

a.  Provides  legal  support  for  enforcement  of  Federal  Regulations 
and  prosecution  of  violations. 

b.  Reviews  summaries  of  surveillance  and  enforcement  activities 
periodically,  and  updates  Federal  Regulations  and  resource 
protection  program  as  necessary  to  meet  management  objectives. 

c.  Ensures  that  each  sanctuary  is  operated  in  a  manner  consistent 
with  established  national  program  policies,  and  with  applicable 
Federal,  international,  state  and  local  laws. 

d.  Coordinates  with  Federal,  state,  and  local  government  agencies, 
as  well  as  public,  private,  and  international  entities  con- 
cerning protection  and  management  of  marine  resources. 

e.  Coordinates  development  of  enforcement  and  surveillance 
reporting  form. 

Florida  Department  of  Natural  Resources 

a.  Coordinates  enforcement  and  surveillance  presence  through  FDNR 
Rangers,  maintains  surveillance  vessels,  and  reports  violations 
to  NOAA. 

b.  Provides  enforcement  training  for  rangers. 


25 


c.  Assists  in  developing  the  surveillance  and  enforcement  reporting 
form. 


Sanctuary  Manager 

a.  Supervises  the  rangers  and  enforcement  program. 

b.  Reports  violations  to  NOAA. 

c.  Assists  in  developing  the  surveillance  and  enforcement 
reporting  form. 

Sanctuary  Biologist 

a.  Informs  the  Rangers  when  and  where  scientific  activities 
will  be  conducted  in  the  Sanctuary. 

b.  Notifies  Rangers  of  any  violation  of  sanctuary  regulations 

c.  Monitors  user  damage. 


3.  Research  Management:  Roles  and  Responsibilities 
Sanctuary  Programs  Division 

a.  Determines  research  priorities  with  the  assistance  of 
the  Sanctuary  Biologist. 

b.  Issues  request  for  proposals  (RFP)  for  selected  studies 
and  evaluates  unsolicited  proposals. 

c.  Coordinates  the  peer  review  process  for  evaluation 
and  selection  of  research  proposals  for  funding. 

d.  Provides  funding  for  priority  research  projects. 

e.  Issues  research  permits  consistent  with  sanctuary 
regulations  and  guidelines  for  research  in  national 
marine  sanctuaries. 

f.  Contributes  to  development  of  an  operational  plan  to 
guide  the  research  program. 

Florida  Department  of  Natural  Resources 

a.  Approves  support  for  Sanctuary  Biologist's  activities. 


26 


b.  Reviews  and  provides  written  comments  on  research  proposals 
and  permit  requests. 

c.  Participates  in  the  peer  review  process  for  evaluation  and 
selection  of  research  proposals  for  funding. 

d.  Contributes  to  development  of  an  operational  plan  to  guide 
the  research  program. 


Sanctuary  Manager 

a.  Provides  administrative  support  for  Sanctuary  Biologist's 
activities. 

b.  Participates  in  the  peer  review  process  for  evaluation  and 
selection  of  research  proposals  for  funding. 

c.  Contributes  to  development  of  operation  plan  to  guide  the 
research  program. 


Sanctuary  Biologist 

a.  Identifies  research  needs  annually  and  reports  these 
to  FDNR  and  NOAA. 

b.  Reviews  and  provides  written  comments  on  research  proposals 
and  permit  requests. 

c.  Provides  coordination  and  support  services,  when  feasible, 
for  scientists  conducting  research. 

d.  Monitors  performance  of  scientists  under  contract  to 
NOAA  and  reports  periodically  to  SPD. 

e.  Informs  Sanctuary  Manager  and  enforcement  rangers  when 
and  where  scientists  will  be  working. 

f.  Issues  and  collects  research  permit  flags. 

g.  Coordinates  a  monitoring  program,  approved  by  NOAA, 
to  obtain  information  on  natural  resources  health  and 
impact  of  human  activities. 

h.  Maintains  current  list  of  all  publications  on  topics 
relevant  to  Sanctuary  resources. 

i.  Contributes  to  development  of  an  operational  plan  to  guide 
the  research  program. 


27 


4.  Interpretation:  Roles  and  Responsibilities 
Sanctuary  Programs  Division 

a.  Oversees  development  and  implementation  of  long-term 
interpretive  plan. 

b.  Develops  interpretive  themes,  messages  and  priority 
audiences. 


Florida  Department  of  Natural  Resources 

a.  Provides  advice  on  interpretive  themes,  messages  and 
priority  audiences. 


Sanctuary  Manager 

a.  Oversees  planning,  development  and  coordination  of 
interpretive  and  recreational  programs,  exhibits  and 
materials  approved  by  NOAA. 

b.  Coordinates  interpretive  plan  review  process. 

c.  Assists  in  selection  of  annual  interpretive  priorities 
and  individual  projects. 

d.  Reviews  current  socio-economic  information  and  visitor 
statistics  to  ensure  interpretive  programs  will  meet 
long-term  goals. 

e.  Ensures  that  interpretive  programs  are  beneficial  to 
a  variety  of  audiences,  and  effective,  pragmatic  and 
within  budget  constraints. 

f.  Sees  that  interpretive  materials  based  on  scientific  research 
avoid  the  tendency  to  be  overly  detailed  or  technical. 

g.  Ensures  that  sanctuary  visitors  and  extension  audiences  have 
adequate  opportunity  to  comment  on  sanctuary  programs. 

h.  Report  on  program  effectiveness  to  SPD  and  FDNR  in 
performance  reports. 


Sanctuary  Biologist 

a.  Responds  to  requests  for  scientific  information  for  the 
interpretive  programs. 

b.  Provides  access  to  sanctuary  resource  data  base. 

28 


c.  Participates  in  interpretation  plan  review. 


C.  Resource  Protection 


1.  Sanctuary  Regulations 

Final  regulations  published  in  June  1983  govern  the  management  of  the 
Key  Largo  National  Marine  Sanctuary  (Appendix  C).   In  summary,  specific 
activities  prohibited  by  these  regulations  include: 


o 


handling  or  standing  on  coral  formations,  or  destruction  of 
natural  features  and  marine  life,  or  the  removal  of  natural 
features  or  marine  life  with  the  exception  of  lobster, 
crawfish  and  stone  crabs; 

°  tampering  with  archaeological  or  historical  resources; 

°  tropical  fish  collecting; 

°  use  of  spearguns,  guns,  harpoons,  poison,  electric  charges 
or  similar  methods  for  taking  fish  is  banned;  and, 


o 


operating  vessels  in  a  manner  which  may  cause  damage  to 
natural  features  or  other  boats  or  divers. 

Some  activities  are  allowed  but  controlled  by  the  regulations. 
For  example: 

°  vessels  must  use  mooring  buoys  when  available  and  anchors 
must  not  be  cast  or  dragged  in  a  way  that  would  damage  coral; 
and, 

0  dredging,  filling,  excavating  and  building  activities,  and 
discharge  of  refuse  and  polluting  substances. 

The  commercial  and  recreational  harvest  of  spiny  lobster,  stone  crab,  shrimp 
and  mackerel  found  in  the  Sanctuary  is  regulated  by  management  plans  and 
regulations  published  by  the  Gulf  of  Mexico  and  South  Atlantic  Fishery 
Management  Councils. 

Sanctuary  regulations  are  enforced  by  the  Coast  Guard  during  their  routine 
operational  patrols.   In  addition,  FDNR  and  NOAA  have  a  Memorandum  of  Agreement 
whereby  FDNR  Rangers  with  law  enforcement  training  may  be  deputized  as  Federal 
law  enforcement  agents  to  enforce  the  Sanctuary  regulations  (Appendix  D). 
Violators  will  be  notified  of  the  alleged  violation  at  the  scene.  Evidentiary 
materials  found  in  possession  of  a  violator  (e.g.,  corals,  fish,  spearguns, 
etc.)  will  be  seized  by  the  enforcement  agents  and  statements  taken.  Statements 
and  evidentiary  material  are  transferred  with  a  copy  of  the  citation  to  the 
Sanctuary  Manager.  Upon  evaluation  of  all  relevant  information  for  sufficiency 
of  the  evidence  and  severity  of  the  offense,  a  complete  report  of  the  violation 

29 


along  with  a  recommended  penalty  to  be  collected  from  the  violator  is  sent  to 
the  NOAA  Office  of  General  Counsel.  The  Office  of  General  Counsel  then  sends 
a  Notice  of  Violation  and  Assessment  specifying  the  precise  violation  and 
subsequent  penalty  to  the  violator.  Violaters  are  subject  to  civil  penalties 
of  up  to  $50,000  under  Public  Law  92-532. 

2.  Future  Activities 

The  enforcement  of  sanctuary  regulations  was  carried  out  by  Coast 
Guard  personnel  who  accompanied  a  State  Park  Ranger  on  regular  patrols.  After 
June  30,  1983,  this  arrangement  will  be  changed  and  the  Coast  Guard  will  only 
enforce  the  sanctuary  regulations  during  their  routine  patrols.  State  Park 
Rangers,  deputized  to  enforce  the  sanctuary  regulations  in  July  1982,  will 
begin  enforcement  activities  in  the  Sanctuary  during  the  summer  of  1983. 
To  determine  the  effectiveness  of  this  program: 

°  FDNR  will  develop  and  articulate  a  program  philosophy  tailored  to 
previous  Sanctuary  and  State  Park  enforcement  programs; 

°  Sanctuary  Manager  and  Sanctuary  Biologist  will  identify  areas  and 
times  of  intense  visitor  use  and  report  to  SPD  and  FDNR; 

0  SPD  and  FDNR  will  use  this  information  to  design  a  surveillance  and 
reporting  form  that  will  provide  statistically  valid  information 
on  visitor  usage  and  regulation  violations;  and, 

0  FDNR  will  provide  information  on  the  training,  assignments  and  duty 
hours  of  the  enforcement  rangers. 

Another  activity  planned,  is  the  evaluation  of  the  mooring  buoys 
installed  in  1982  (Figure  3).  Mooring  buoys  have  been  installed  in  several 
locations  throughout  the  Sanctuary  to  distribute  heavily  concentrated  use  and 
help  alleviate  anchor  damage  to  the  coral  reefs.  Sanctuary  managers  need  to 
evaluate  the  effectiveness  of  this  program  to  determine  what  changes,  if  any, 
are  necessary  to  meet  resource  protection  objectives. 

This  study,  conducted  by  the  Sanctuary  Biologist,  should  at  a  minimum 
cover  these  points: 

°  existing  design  (limitations,  if  any,  previous  designs  found 
inadequate  and  why); 

°  effect  of  buoys  on  the  study  area,  if  this  cannot  be  determined 
initially,  determine  how  this  information  could  be  obtained; 

°  identify  possible  new  locations  for  buoys;  and, 

0  recommend  future  activities. 

Upon  completion  of  this  study,  a  report  should  be  forwarded  to  SPD  and  FDNR. 


30 


along  with  a  recommended  penalty  to  be  collected  from  the  violator  is  sent  to 
the  NOAA  Office  of  General  Counsel.  The  Office  of  General  Counsel  then  sends 
a  Notice  of  Violation  and  Assessment  specifying  the  precise  violation  and 
subsequent  penalty  to  the  violator.  Violaters  are  subject  to  civil  penalties 
of  up  to  $50,000  under  Public  Law  92-532. 

2.  Future  Activities 

The  enforcement  of  sanctuary  regulations  was  carried  out  by  Coast 
Guard  personnel  who  accompanied  a  State  Park  Ranger  on  regular  patrols.  After 
June  30,  1983,  this  arrangement  will  be  changed  and  the  Coast  Guard  will  only 
enforce  the  sanctuary  regulations  during  their  routine  patrols.  State  Park 
Rangers,  deputized  to  enforce  the  sanctuary  regulations  in  July  1982,  will 
begin  enforcement  activities  in  the  Sanctuary  during  the  summer  of  1983. 
To  determine  the  effectiveness  of  this  program: 

0  FDNR  will  develop  and  articulate  a  program  philosophy  tailored  to 
previous  Sanctuary  and  State  Park  enforcement  programs; 

°  Sanctuary  Manager  and  Sanctuary  Biologist  will  identify  areas  and 
times  of  intense  visitor  use  and  report  to  SPD  and  FDNR; 

0  SPD  and  FDNR  will  use  this  information  to  design  a  surveillance  and 
reporting  form  that  will  provide  statistically  valid  information 
on  visitor  usage  and  regulation  violations;  and, 

°  FDNR  will  provide  information  on  the  training,  assignments  and  duty 
hours  of  the  enforcement  rangers. 

Another  activity  planned,  is  the  evaluation  of  the  mooring  buoys 
installed  in  1982  (Figure  3).  Mooring  buoys  have  been  installed  in  several 
locations  throughout  the  Sanctuary  to  distribute  heavily  concentrated  use  and 
help  alleviate  anchor  damage  to  the  coral  reefs.  Sanctuary  managers  need  to 
evaluate  the  effectiveness  of  this  program  to  determine  what  changes,  if  any, 
are  necessary  to  meet  resource  protection  objectives. 

This  study,  conducted  by  the  Sanctuary  Biologist,  should  at  a  minimum 
cover  these  points: 

°  existing  design  (limitations,  if  any,  previous  designs  found 
inadequate  and  why); 

°  effect  of  buoys  on  the  study  areat   if  this  cannot  be  determined 
initially,  determine  how  this  information  could  be  obtained; 

0  identify  possible  new  locations  for  buoys;  and, 

°  recommend  future  activities. 

Upon  completion  of  this  study,  a  report  should  be  forwarded  to  SPD  and  FDNR. 


30 


Legend 


Coral  Reefs 
Buoys 


D.  Research  Management 


1.  General  Context  for  Management 

As  a  National  Marine  Sanctuary,  Key  Largo  is  recognized  as  a  marine 
resource  of  national  significance.  The  distinctive  character  of  Key  Largo  and 
its  special  features  outlined  in  earlier  chapters  clearly  establish  it  as  an 
environmental  benchmark  for  scientific  research  related  to  the  coral  reef 
ecosystem. 

As  a  general  policy,  research  at  Key  Largo  will  be  coordinated  with 
research  in  other  nearby  protected  coral  reef  marine  areas  such  as  John  Penne- 
kamp  Coral  Reef  State  Park,  Biscayne  National  Park,  Looe  Key  National  Marine 
Sanctuary,  and  Fort  Jefferson  National  Monument.  This  does  not  mean  that 
similar  studies  will  not  be  undertaken  in  these  areas,  because  often  there  is 
value  in  replicating  research  to  confirm  results  and/or  differences  and 
similarities  among  reef  systems.  Yet  there  may  be  some  research  projects 
undertaken  elsewhere  that  need  not  be  repeated  at  the  Key  Largo  National  Marine 
Sanctuary. 

Research  projects  at  the  Sanctuary  will  be  designed  to  make  effective 
use  of  the  most  current  research  being  undertaken  on  similar  systems  inter- 
national ly. 

A  third  general  policy  is  that  research  at  the  Key  Largo  National 
Marine  Sanctuary  will  continue  to  focus  on  management  issues,  particularly  as 
they  relate  to  the  protection  of  significant  resources.  Studies  to  resolve 
immediate  problems  will  be  initiated  during  Phase  1,  the  first  two  years, 
and  will  continue  to  take  priority  until  completed. 

2.  A  Framework  for  Research 

The  potential  to  carry  out  interesting  sanctuary  research  projects  is 
almost  limitless.  The  number  of  requests  to  conduct  research  in  the  Key  Largo 
National  Marine  Sanctuary  increases  each  year.  Research  emphasis  will  be 
on  applied  biophysical  and  applied  social  research. 

Applied  biophysical  research  is  directed  toward  analyzing  the  resources 
of  the  reefs  to  better  understand  their  capacity  to  sustain  use.  In  the  course 
of  undertaking  this  research,  resources  are   used  and  sometimes  subject  to 
impact  depending  on  the  nature  of  the  field  procedures.  Applied  social  research, 
on  the  other  hand,  is  oriented  to  visitors  and  potential  visitors.  It  does 
not  usually  relate  to  the  resources  directly,  but  it  can  affect  the  quality  of 
the  visitor  experience.  Guidelines  for  managing  research  are   therefore  required 
to  ensure  that  research  activity  is  compatible  with  all  sanctuary  goals  and 
objectives. 

3.  Priorities  for  Research  and  Future  Activities 

Any  presentation  of  the  research  program  must  be  flexible  since  it 
will  require  frequent  updating  as  new  projects  are   added,  others  are  completed, 
and  those  in  progress  proceed  from  phase  to  phase. 

33 


Within  the  broad  concept  of  having  research  relate  directly  to  current 
sanctuary  management  issues,  four  basic  directions  for  research  are  suggested: 

0  establish  a  comprehensive  baseline  picture  of  the 
Sanctuary. 

0  develop  an  effective  monitoring  program  for  the  Sanctuary. 

0  establishing  an  effective  research  management  program  for  the 
Sanctuary. 

0  conducting  feasibility  studies  on  research  support  programs. 

Undoubtedly  many  of  these  projects  will  extend  beyond  Phase  1  and  will 
retain  a  high  priority  until  completed. 

Future  research  projects  will  continue  to  build  upon  the  foundations 
set  down  by  the  previously  conducted  studies.  The  following  four  groups  of 
research  projects  are  considered  as  high  priority: 

a.  Establish  a  comprehensive  baseline  picture  of  the  Sanctuary. 

For  applied  biophysical  research: 

°  Evaluate  the  baseline  resource  information  available  on  the 
Sanctuary  including  that  made  available  through  the  research 
projects  in  progress  (Appendix  F),  to  determine  to  what  extent 
the  broad  biological  structure  of  the  reef  system  and  processes 
are  understood  and  to  identify  basic  gaps  in  knowledge; 

0  Based  on  the  gaps  identified  above,  plan  for  future  studies  on 
important  sanctuary  resources  for  which  more  detailed  information 
on  distribution,  abundance,  and  life  history  is  needed  for  effective 
sanctuary  management; 

°  Produce  small  scale  maps  of  selected  habitats  within  the  sanctuary 
and  locate  resource  features  that  will  be  of  interest  to  scientists, 
resource  managers  and  recreationists;  and, 

°  Develop  an  ecological  model  which  describes,  at  first  conceptually 
and  later  mathematically,  the  dynamics  of  the  coral  reef  ecosystem. 

For  applied  socio-economic  research: 

°  Conduct  a  baseline  user  survey  and  compile  available  information  on 
visitor  activities  to  help  establish  the  visitor  use  parameters  for 
monitoring;  and, 

°  Conduct  a  baseline  study  on  the  socio-economic  role  and  impact  of 
the  Sanctuary,  determining  economic  and  employment  impacts  of  various 
activities  (e.g.,  fishing,  SCUBA  diving,  snorkeling,  research). 


34 


b.  Develop  an  effective  monitoring  program  for  the  Sanctuary. 
For  applied  biophysical  research: 

°  Study  the  effectiveness  of  the  Sanctuary  mooring  buoy  system; 

0  Study  the  ecological  effects  of  physical  damage  and  disease  or 
the  causes  and  effects  of  coral  disease  in  terms  of  prevalence 
and  frequency; 

0  Continue  to  monitor  coral  reef  fish  populations  (Appendix  F); 

°  Develop  environmental  scenarios  to  run  on  the  Key  Largo  water 
quality  model  and  analyze  the  predicted  rates  and  directions 
of  water  movement  and  effects; 

°  Recommend  environmental  parameters  and  study  site  locations  for 
an  environmental  impact  assessment  of  potential  coastal  develop- 
ment projects  on  North  Key  Largo. 

°  Study  the  feasibility  of  monitoring  spiny  lobster  population 
trends;  and, 

0  Study  the  effect  of  hook  and  line  fishing  on  community 
structure  of  reef  fishes. 

For  applied  socio-economic  research: 

°  Design  a  quantitative  visitor  monitoring  program;  and, 

0  Initiate  a  study  to  identify  audiences  for  interpretive 
programs. 

c.  Establish  an  effective  research  management  program  for  the  Sanctuary 

For  both  applied  biophysical  and  socio-economic  research: 

0  Establish  a  Management  Review  Committee  to  assist  in  annual 
review  and  evaluation  of  the  sanctuary  research  program; 

°  Establish  an  ad  hoc  peer  review  process  and  automate  a  listing 
of  specialists;  and 

°  Establish  an  Emergency  Response  Team  to  respond  to  environ- 
mental emergencies  (e.g.,  oil  spills,  fish  kills,  disease 
epidemics,  boat  groundings). 


35 


d.  Conduct  feasibility  studies  on  research  support  facilities. 

For  biophysical  research: 

°  Study  the  feasibility  of  establishing  an  access-controlled 
research  area  at  north  Carysfort  Reef  for  studies  which  require 
minimal  human  intervention  or  disturbance. 

For  applied  socio-economic  research: 

0  Conduct  an  onshore  recreational  tourist  survey  to  determine 
information  needs  and  interests  of  the  different  groups 
using  the  Sanctuary  and  the  John  Pennekamp  Coral  Reef  State 
Park  Visitor  Center. 

As  for  the  other  management  functions,  an  operational  plan  for  research  will 
be  prepared  which  presents  in  detail  the  sequence  and  phasing  of  research 
projects,  complete  terms  of  reference,  funding,  and  reporting  requirements. 

4.  Annual  Review  of  Research  Program 

Annual  review  of  sanctuary  research  needs  begins  with  recom- 
mendations from  the  Management  Review  Committee  to  SPD  and  the  Sanctuary 
Biologist.  Final  identification  of  priority  research  studies  involves 
consideration  of  the  following  factors: 

°  immediate  and  evolving  management  issues  that  could 
benefit  or  be  resolved  through  directed  research; 

°  achievements  of  research  in  progress  or  recently 
completed; 

°  immediacy  of  need  and  environmental  consequences 
(i.e.,  is  Key  Largo  the  best  place  to  conduct  the 
study?  Will  it  result  in  user  conflicts?);  and, 

°  funding  considerations. 

5.  Proposals  for  Research 

The  Sanctuary  Programs  Division  supports  research  that  addresses 
management  issues.  Research  priorities  are  identified  in  sancuary  management 
plans.  Instructions  for  preparing  and  submitting  proposals  is  presented  in 
Appendix  E. 

Funding  for  studies  is  normally  provided  through  a  competitive 
process  whereby  requests  for  proposals  are  announced  in  the  Commerce  Business 
Daily.  However,  unsolicited  proposals  of  outstanding  merit  are  also  con- 
sidered. In  addition,  SPD  also  conducts  research  inhouse  through  the  Sanctuary 


36 


Biologist  as  well  as  through  Cooperative  Arrangements  with  other  Federal 
Agencies  and  with  state  governments. 

The  Sanctuary  Programs  Division  also  receives  proposals  requesting 
research  permits.  When  proposals  include  activities  that  are  prohibited  by 
sanctuary  regulations,  NOAA  may  determined  that  all  or  part  of  the  activity 
should  be  conducted  outside  of  the  Sanctuary,  or  that  activities  within  the 
Sanctuary  need  to  be  limited. 

6.  Proposal  Processing  and  Evaluation 

Proposals  are   reviewed  by  recognized  scientists  and  resource 
managers.  A  method  for  evaluating  proposals,  including  the  criteria  used,  is 
described  in  Appendix  E.  Briefly,  the  criteria  considered  include: 

°  relevance  or  importance  of  the  research  to  sanctuary 
management; 

°  scientific  or  educational  merits  of  the  research; 

°  research  performance  competence; 

°  technical  approach;  and, 

°  environmental  consequences. 

The  Sanctuary  Programs  Division  has  final  approval  of  projects.  Awards  are 
provided  through  grants,  contracts  and  cooperative  agreements. 

7.  Project  Tracking  and  Product  Evaluation 

The  Sanctuary  Programs  Division  and  the  Sanctuary  Biologist  monitor 
performance  of  the  contractor.  Progress  reports  and  final  reports  are   required; 
schedules  are   outlined  under  the  terms  of  the  contract.  Final  reports  are 
reviewed  anonymously  by  recognized  scientists  and  resource  managers.  Out- 
standing projects  are  published  by  the  Sanctuary  Programs  Division  in  its 
Technical  Report  Series.  The  Sanctuary  Programs  Division  is  implementing  a 
computerized  project  tracking  system  to  facilitate  management  of  research 
programs.  The  Sanctuary  Manager  also  will  keep  records  of  research  underway. 
As  for  other  management  functions,  an  operational  plan  for  research  will  be 
prepared  which  presents  in  detail  the  sequence  phasing  of  research  projects, 
complete  terms  of  reference,  funding  and  reporting  requirements. 


E.   Interpretation 

Interpretation  plays  a  major  role  in  all  aspects  of  sanctuary  manage- 
ment. By  addressing  visitor  safety,  resource  protection,  public  relations  and 
overall  management,  the  interpretive  program  may  be  utilized  to  help  accomplish 
management  goals.  In  addition,  this  program  provides  a  mechanism  for  developing 

37 


strategies  to  avoid  management  problems,  as  well  as  being  of  key  importance 
for  planning  an  enjoyable,  safe  and  memorable  recreational  experience. 

The  goals  of  the  Key  Largo  National  Marine  Sanctuary  interpretive 
program  include: 

°  enhance  resource  protection  through  increased  visitor  awareness;  and, 

0  facilitate  an  appreciation  for  the  reasons  underlying  sanctuary 
designation. 

Objectives  include: 

0  inform  visitors  about  sanctuary  ecosystems  and  their 
sensiti  vi ties; 

°  enhance  understanding  and  appreciation  of  sanctuary  regulations 
and  why  they  are   needed;  and, 

0  direct  and  orient  visitors  to  the  Sanctuary  and  its  services. 

1.  Existing  Facilities  and  Programs 

Since  1975,  the  sanctuary  interpretive  program  has  primarily 
focused  on  reaching  visitors  through  John  Pennekamp  Coral  Reef  State  Park 
programs  and  working  closely  with  the  commercial  dive  boat  operators. 

a.  Visitor  Center 

Normally,  the  John  Pennekamp  Coral  Reef  State  Park  Visitor 
Center  is  in  operation  seven  days  a  week.  It  houses  a  6,000  gallon  aquarium, 
various  marine  displays,  and  an  auditorium  that  seats  80  people.  The 
Center  also  includes  a  display  and  distribution  booth  which  is  attended  by 
one  or  two  Park  employees  who  distribute  free  literature  and  answer  questions 

The  aquarium  may  be  viewed  from  all  sides.  The  tank 
displays  a  simulated  patch  reef  that  includes  all  the  corals  and  most  of 
the  fish  found  in  the  Sanctuary.  Surrounding  the  big  tank  are   several 
smaller  aquaria  and  dry  displays  that  describe  the  inner  and  outer  reef, 
grass  beds,  mangroves,  the  geology  and  history  of  the  Keys,  and  a  cross- 
section  of  the  reef. 

The  auditorium  is  a  separate  room  in  the  Visitor  Center 
where  a  slide  show  on  the  Sanctuary  and  Park  resources  is  shown  hourly. 
This  show  gives  an  excellent  overview  of  the  relationships  between  all  the 
ecosystems  in  the  area. 

b.  Glass  Bottom  Boat  Tour 

For  a  fee,  sanctuary  visitors  may  view  the  coral  reefs 
from  a  glass  bottom  boat  departing  from  the  marina  adjacent  to  the  Visitor 


38 


Center.  Weather  and  sea  conditions  permitting,  the  boat  makes  three  two- 
hour  trips  daily.  On  board,  a  guide  describes  what  is  below  the  water  and 
makes  references  to  the  Key  Largo  National  Marine  Sanctuary. 

2.  Future  Activities 

Educational  materials  will  be  used  to  help  resolve  each  of  the  manage- 
ment issues.  To  inform  visitors  entering  the  Sanctuary  from  the  water,  a 
brochure  describing  sanctuary  regulations,  diver  boat  safety  problems  and 
location  and  proper  use  of  mooring  buoys  will  be  designed  by  the  sanctuary 
managers  for  dissemination  at  boat  licensing  locations.  Boat  ramp  signs 
informing  visitors  entering  from  John  Pennekamp  State  Park  will  discuss  these 
topics.   In  addition,  a  report  written  by  the  Sanctuary  Biologist  on  research 
in  progress  will  be  displayed  on  boat  ramp  signs  and  in  the  Visitor  Center. 

The  above  activities  provide  short-term  measures  for  reaching  the 
management  objectives.  However,  there  is  a  need  for  a  long-term  plan  to  direct 
the  sanctuary  interpretation  program.  This  plan,  developed  during  Phase  1, 
should  identify: 

°  all  potential  audiences; 

0  sanctuary  interpretive  program  needs; 

°  gaps  in  interpretive  programs  at  John  Pennekamp  Coral  Reef 
State  Park;  and, 

°  recommendations  for  future  programs. 


39 


APPENDIX  A 

Marine  Protection,  Research  and 

Sanctuaries  Act 

Title  III 

P.L.   92-532 


MARINE  SANCTUARIES  LEGISLATION 


MARINE  PROTECTION,  RESEARCH  AND  SANCTUARIES  ACT 
AMENDMENTS  OF  1980  TO  TITLE  III  (P.L.  96-332) 
INCORPORATED  INTO 
TITLE  III  OF  THE  MARINE  PROTECTION,  RESEARCH  AND  SANCTUARIES  ACT 

of  1972  (P.L.  92-532) 

AN  ACT 

To  regulate  the  transportation   for  dumping,  and  the  dumping,  of  material   into 

ocean  waters,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  that 
this  Act  may  be  cited  as  the  "Marine  Protection,  Research, 
and  Sanctuaries  Act  of  1972." 


For  the  purposes  of  this  document  Title  I   (Ocea,n  Dumping) 
and  Title  II  (Comprehensive  Research  on  Ocean  Dumping) 
have  been  deleted. 


TITLE   III   -  MARINE  SANCTUARIES 

SEC.  301.     Notwithstanding  the  provisions  of  subsection  (h)  of  section  3  of 
this  Act,  the  term  "Secretary,"  when  used  in  this  title,  means  Secretary  of 
Commerce.     The  term  'State',  when  used  in  this  title,  means  any  of  the  several 
States  or  any  territory  or  possession  of  the  United  States  which  has  a  popularly 
elected  Governor. 

SEC.  302.     (a)     The  Secretary,  after  consultation  with  the  Secretaries  of  State, 
Defense,  the  Interior,  and  Transportation,  the  Administrator,  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   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  restoring  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)(1)     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  1s 
defined  in  section  2  of  title  I  of  the  Act  of  May  22,  1953   (67  Stat.  29), 
the  Secretary  shall   consult  with,  and  give  due  consideration  to  the  views  of, 
the  responsible  officials  of  the  State  involved. 

43 


(2)     A  designation  under  this  section  shall   become  effective  unless  -- 

(A)  the  Governor  of  any  State  described  in  paragraph  (1)  certifies 
to  the  Secretary,  before  the  end  of  the  sixty-day  period  beginning 

on  the  date  of  the  publication  of  the  designation,  that  the  designation 
or  any  of  its  terms  described  in  subsection  (f)(1),  are  unacceptable 
to  his  State,  in  which  case  those  terms  certified  as  unacceptable  will 
not  be  effective  1n  the  waters  described  in  paragraph  (1)  in  such  State 
until  the  Governor  withdraws  his  certification  of  unacceptability;  or 

(B)  both  Houses  of  Congress  adopt  a  concurrent  resolution  in  accordance 
with  subsection   (h)  which  disapproves  the  designation  or  any  of  its 
terms  described  in  subsection  (f)(1). 

The  Secretary  may  withdraw  the  designation  after  any  such  certification  or 
resolution  of  disapproval.     If  the  Secretary  does  not  withdraw  the  designation, 
only  those  portions  of  the  designation  not  certified  as  unacceptable  under 
subparagraph  (A)  or  not  disapproved  under  subparagraph   (B)  shall  take  effect. 

(c)  When  a  marine  sanctuary  is  designated,  pursuant  to  this  section, 
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  agreements  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,  on  or 
before  November  1   of  each  year,  setting  forth  a  comprehensive  review  of  his 
actions  during  the  previous  fiscal  year  undertaken  pursuant  to  the  authority 
of  this  section,  together  with  appropriate  recommendation  for  legislation 
considered  necessary  for  the  designation  and  protection  of  marine  sanctuaries. 

(e)  Before  a  marine  sanctuary  is  designated  under  this  section,  the 
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)(1)     The  terms  of  the  designation  shall   include  the  geographic 
area  Included  within  the  sanctuary;  the  characteristics  of  the  area  that  give 
1t  conservation,  recreational,  ecological   or  esthetic  value;  and  the  types  of 
activities  that  will   be  subject  to  regulation  by  the  Secretary  in  order  to 
protect  those  characteristics.     The  terms  of  the  designation  may  be  modified 
only  by  the  same  procedures  through  which  an  original   designation  1s  made. 

(2)  The  Secretary,  after  consultation  with  other  interested  Federal   and 
State  agencies,  shall   Issue  necessary  and  reasonable  regulations  to  implement 
the  terms  of  the  designation  and  control  the  activities  described  in  it,  except 
that  all   permits,  licenses,  and  other  authorizations  issued  pursuant  to  any 
other  authority  shall   be  valid  unless  such  regulations  otherwise  provide. 

(3)  The  Secretary  shall   conduct  such  research  as  is  necessary  and  reasonable 
to  carry  out  the  purposes  of  this  title. 

44 


(4)     The  Secretary  and  the  Secretary  of  the  department  1n  which  the  Coast 
Guard  is  operating  shall  conduct  such  enforcement  activities  as  are  necessary 
and  reasonable  to  carry  out  the  purposes  of  this  title.     The  Secretary  shall, 
whenever  appropriate  and  1n  consultation  with  the  Secretary  of  the  department 
in  which  the  Coast  Guard  Is  operating,  utilize  by  agreement  the  personnel,  services, 
and  facilities  of  other  Federal   departments,  agencies,  and  instrumentalities, 
or  State  agencies  or  instrumentalities,  whether  on  a  reimbursable  or  a  non- 
reimbursable basis  in  carrying  out  his  responsibilities  under  this  title. 

(g)     The  regulations  issued  pursuant  to  subsection  (f)  shall   be  applied 
1n  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  1s  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,  1n  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   jurisdiction  of 
the  United  States  shall   be  applied  to  a  person  not  a  citizen  of  the  United  States. 

(h)(1)     For  purposes  of  subsection  (b)(2)(B),  the  Secretary  shall  transmit 
to  the  Congress  a  designation  of  a  marine  sanctuary  at  the  time  of  its  publication. 
The  concurrent  resolution  described  in  subsection  (b)(2)(B)  1s  a  concurrent 
resolution  which  1s  adopted  by  both  Houses  of  Congress  before  the  end  of  the  first 
period  of  sixty  calendar  days  of  continuous  session  of  Congress  after  the  date 
on  which  the  designation  1s  transmitted,  the  matter  after  the  resolving  clause 
of  which  is  as  follows:     'That  the  Congress  does  not  favor  the  taking  of  effect 
of  the  following  terms  of  the  marine  sanctuary  designation  numbered  : 

transmitted  to  Congress  by  the  Secretary  of  Commerce  on  : 

.',  the  blank  space  being  filled  with  the  number  of  the 
designation,  the  second  blank  space  being  filled  with  the  date  of  transmittal, 
and  the  third  blank  space  being  filled  with  the  terms  of  the  designation  which 
are  disapproved  (or  the  phrase   'the  entire  designation'   1f  the  entire  designation 
is  disapproved). 

(2)  For  the  purpose  of  paragraph  (1)  of  this  subsection 

(A)  continuity  of  session  is  broken  only  by  an  adjournment  of 
Congress  sine  die;  and 

(B)  the  days  on  which  either  House  is  not  1n  session  because  of 

an  adjournment  of  more  than  three  days  to  a  day  certain  are  excluded 
in  the  computation  of  the  sixty-day  period. 

(3)  A  designation  which  becomes  effective,  or  that  portion  of  a  designation 
which  takes  effect  under  subsection  (b),  shall   be  printed  in  the  Federal   Register. 
SEC.  303.     (a)     Any  person  subject  to  the  jurisdiction  of  the  United  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  violation,  to  be  assessed 
by  the  Secretary.     Each  day  of  a  continuing  violation  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 

45 


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.     (Appropriations  not  to  exceed  $2,235,000  per  year  have  been 
authorized  for  fiscal  years  1982  and  1983.) 


46 


APPENDIX   B 
Sanctuary  Coordinates 


The  Key  Largo  National  Marine  Sanctuary  Coordinates  are:  the  point  of 
beginning  (POB)  is  at  geographic  coordinates  25°  (degrees),  19.45'  (minutes) 
north  latitude,  80°  (degrees),  12.0'  (minutes)  west  longitude,  said  point 
being  the  northeast  boundary  corner  of  John  Pennekamp  Coral  Reef  State 
Park.  From  said  POB  run  thence  southeasterly  to  geographic  coordinates  25° 
(degrees),  16.2'  (minutes)  north  latitude  80°  (degrees),  8.7'  (minutes)  west 
longitude,  said  point  also  being  on  the  300-foot  Isobath,  thence  in  a 
southwesterly  direction  to  geographic  coordinates  25°  (degrees),  07.5' 
(minutes)  north  latitude  80°  (degrees),  12.5'  (minutes)  west  longitude, 
thence  again  run  in  a  southwesterly  direction  to  geographic  coordinates  24° 
(degrees),  58.3'  (minutes)  north  latitude,  80°  (degrees),  19.8  (minutes)  west 
longitude,  thence  leaving  said  300-foot  Isobath  run  northwesterly  to 
geographic  coordinates  25°  (degrees),  2.2'  (minutes)  north  longitude,  80° 
(degrees),  25.25'  (minutes)  west  longitude,  said  point  being  the  southeast 
boundary  corner  of  John  Pennekamp  Coral  Reef  State  Park,  thence  in  a 
northeasterly  direction  along  said  easterly  boundary  of  said  state  park  to 
the  POB. 


49 


APPENDIX   C 


Key  Largo  National   Marine  Sanctuary 
Final    Regulations 


Accordingly,  it  is  proposed  that  15  CFR  Part  929  be  revised  as  follows: 
PART  929  -  KEY  LARGO  NATIONAL  MARINE  SANCTUARY  FINAL  REGULATIONS 
Sec. 

929.1  Authority. 

929.2  Purpose. 

929.3  Boundaries. 

929.4  Definitions. 

929.5  Management  and  enforcement. 

929.6  Allowed  activities. 

929.7  Activities  prohibited  or  controlled. 

929.8  Other  authorities. 

929.9  Penalties   for  commission  of  prohibited  acts. 

929.10  Permit  procedures  and  criteria. 

929.11  Appeals  of  administrative  action. 

Authority:      Title   III   of  Pub.   L.   92-532,  86  Stat.    1061,    1062    (16  U.S.C. 
1431-1434). 

929.1.  Authority 

The  Sanctuary  has  been  designated  by  the  Secretary  of  Commerce  pursuant 
to  the  authority  of  Section  302(a)  of  the  Marine  Protection,  Research  and 
Sanctuaries  Act  of  1972  as  amended  (the  Act).  The  following  regulations 
are  issued  pursuant  to  Title  III  of  the  Act. 

929.2.  Purpose 

The  purpose  of  designating  the  Key  Largo  National  Marine  Sanctuary  is 
to  protect  and  preserve  the  coral  reef  ecosystem  in  its  natural  state  and  to 
regulate  uses  within  the  Sanctuary  to  ensure  the  health  and  well-being  of 
the  coral  and  associated  flora  and  fauna. 

929.3.  Boundaries 

The  Sanctuary  consists  of  a  portion  of  the  Atlantic  Ocean  beginning  at 
approximately  three  miles  east  of  Key  Largo,  Florida,  adjacent  to  the  John 


53 


Pennekamp  Coral  Reef  State  Park.  The  coordinates  for  the  Sanctuary  are:  the 
point  of  beginning  (POB)  is  at  geographic  coordinates  25°  (degrees),  19.45' 
(minutes)  north  latitude,  80°,  12.0'  west  longitude,  said  point  being  the 
northeast  boundary  corner  of  John  Pennekamp  Coral  Reef  State  Park.  From 
said  POB  run  thence  southeasterly  to  geographic  coordinates  25°,  16.2' 
north  latitude  80°,  8.7'  west  longitude,  said  point  also  being  on  the  300 
foot  isobath,  thence  in  a  southwesterly  direction  to  geographic  coordinates 
25°,  07.5'  north  latitude,  80°,  12.5'  west  longitude,  thence  again  run  in 
a  southwesterly  direction  to  geographic  coordinates  24°,  58.3'  north  latitude, 
80°,  19.8'  west  longitude,  thence  leaving  said  300  foot  isobath  run  north- 
westerly to  geographic  coordinates  25°,  2.2'  north  latitude,  80°,  25.25' 
west  longitude,  said  point  being  the  southeast  boundary  corner  of  John 
Pennekamp  Coral  Reef  State  Park,  thence  in  a  northeasterly  direction  along 
said  easterly  boundary  of  said  State  Park  to  the  POB. 

929.4.  Definitions 

(a)  "Administrator"  means  the  Administrator  of  the  National  Oceanic 
and  Atmospheric  Administration  (N0AA). 

(b)  "Assistant  Administrator"  means  the  Assistant  Administrator  for 
National  Ocean  Service  (N0S),  National  Oceanic  and  Atmospheric 
Atmospheric  Administration,  or  his/her  successor,  or  designee. 

(c)  "Persons"  means  any  private  individual,  partnership,  corporation, 
or  other  entity;  or  any  officer,  employee,  agent,  department, 
agency  or  instrumentality  of  the  Federal  government,  or  any  State 
or  local  unit  of  the  government. 

(d)  "The  Sanctuary"  means  the  Key  Largo  National  Marine  Sanctuary. 

(e)  "Tropical  fish"  means  fish  and  invertebrates  of  minimal  sport  and 
food  value,  usually  brightly  colored,  often  used  for  aquaria 
purposes  and  which  live  in  a  close  interrelationship  with  corals 
and  coral  reef  substrates. 

929.5.  Management  and  enforcement 

The  National  Oceanic  and  Atmospheric  Administration  (N0AA)  has  primary 
responsibility  for  the  management  of  the  Sanctuary  pursuant  to  the  Act. 
NOAA's  responsibilities  under  the  Act  require  that  the  Sanctuary  Programs 
Division  review,  consider,  and  approve  any  activities  that  take  place  in 
the  Sanctuary  in  accordance  with  these  rules  and  regulations.  The  Florida 
Department  of  Natural  Resources  (FDNR),  Division  of  Recreation  and  Parks, 
assists  N0AA  in  the  administration  of  the  Sanctuary,  and  acts  as  the  onsite 
manager,  in  conformance  with  cooperative  agreements  between  the  State  of 
Florida  and  N0AA.  The  U.S.  Coast  Guard  and  Division  of  Recreation  and 
Parks  (FDNR)  shall  conduct  surveillance  and  enforcement  of  these  regulations 
pursuant  to  14  U.S.C  89,  16  U.S.C.  1432  (f)(4),  16  U.S.C.  7421  (b),  16  U.S.C. 
3375  (a),  or  other  appropriate  legal  authority. 


54 


929.6.  Allowed  activities 

All  activities  except  those  specifically  prohibited  by  Section  929.7  or 
other  applicable  authority  may  be  undertaken  within  the  Sanctuary  subject  to 
the   restrictions   and  conditions   imposed  by  other  authorities. 

929.7.  Activities  prohibited  or  controlled 

(a)  Unless  permitted  by  the  Assistant  Administrator  in  accordance 
with  Section  929.10,  or  as  may  be  necessary  for  the  national  defense,  or  to 
respond  to  an  emergency  threatening  life,  property  or  the  environment,  the 
following  activities  are  prohibited  or  controlled  within  the  Sanctuary. 
All  prohibitions  and  controls  must  be  applied  consistently  with  international 
law.  Refer  to  Section  929.9  for  penalties  for  commission  of  prohibited  acts. 

(1 )  Removal  or  damage  of  natural  features,  marine  life  and 
archaeological  and  historical  resources 

(A)  No  person  shall  destroy,  injure,  harmfully  disturb,  break, 
cut  or  similarly  damage  or  remove  any  coral  or  other  marine  invertebrate,  or 
any  plant,  soil,  rock,  or  other  material  except  that  commerical  taking  of 
spiny  lobster  and  stone  crab  by  trap  and  recreational  taking  of  spiny  lobster 
by  hand  which  is  consistent  with  both  the  applicable  regulations  under  the 
appropriate  Fishery  Management  Plan  and  these  regulations.  Divers  are   pro- 
hibited from  handling  coral  formations,  standing  on  coral  formations,  or  other- 
wise disturbing  the  corals. 

(B)  No  person  shall  catch  or  collect  any  tropical  fish. 

(C)  No  person  shall  remove,  deface,  damage,  or  tamper  with 
archaeological  or  historical  resources  or  the  cargo  of  any  submerged  wrecks  or 
other  historical  resources  within  the  boundaries  of  the  Sanctuary. 

(D)  There  shall  be  a  rebuttable  presumption  that  any  items 
listed  in  these  paragraphs  found  in  the  possession  of  a  person  within  the 
Sanctuary  have  been  collected  or  removed  from  within  the  Sanctuary. 

(2)  Dredging,  filling,  excavating  and  building  activities.  No 
person  shall  dredge,  excavate,  fill  or  otherwise  alter  the  seabed  in  any 
way  nor  construct  any  structure  of  any  kind,  whether  permanent  or  temporary, 
with  the  exception  of  navigation  aids. 

(3)  Discharges.  No  person  shall  deposit  or  discharge  any 
materials  or  substance  of  any  kind  into  the  waters  of  the  Sanctuary.  The 
only  exceptions  are: 

(A)  Fish  or  fish  parts  and  chumming  materials; 

(B)  Cooling  waters  from  vessels;  and, 

(C)  Effluent  from  marine  sanitation  devices  approved  by  the 
United  States  Coast  Guard. 


55 


(4)  Tampering  with  markers.  No  person  shall  mark,  deface  or 
damage  in  any  way  whatsoever,  or  displace,  remove  or  tamper  with  any  signs, 
notices  or  placards,  whether  temporary  or  permanent,  or  with  any  navigational 
aids,  monuments,  stakes,  posts,  mooring  buoys,  scientific  equipment  or 
other  boundary  markers  installed  by  the  Sanctuary  Manager,  or  trap  floats 
placed  for  the  purpose  of  lobster  fishing. 

(5)  Use  of  harmful  fishing  methods.  No  person  shall  use  within  the 
Sanctuary;  or  shall  carry  or  possess,  except  while  passing  without  interruption 
through  the  Sanctuary  or  for  law  enforcement  purposes,  the  following  firearms  or 
or  weapons:  pole  spears,  air  rifles,  bows  and  arrows,  slings,  Hawaiian  slings, 
rubberpowered  arbalets,  pneumatic  and  spring  loaded  guns,  explosive  powered 
guns  or  similar  devices  known  as  spearguns.  No  person  shall  use  within  the 
Sanctuary: 

(A)  Wire  fish  traps; 

(B)  Bottom  trawls,  dredges,  fish  sleds,  or  similar  vessel- 
towed  or  anchored  bottom  fishing  gear  or  net;  or 

(C)  Poisons,  electric  charges,  explosives  or  similar  devices. 

(6)  Operation  of  watercraft  and  anchoring.  All  watercraft  shall 
be  operated  in  accordance  with  applicable  Federal  rules  and  regulations.  The 
following  additional  regulations  apply  within  the  boundaries  of  the  Sanctuary. 

(A)  Watercraft  shall  be  operated  to  avoid  striking  or  otherwise 
causing  damage  to  the  natural  features  of  the  Sanctuary. 

(B)  Watercraft  must  use  mooring  buoys,  stations  or  anchoring 
arms  when  such  facilities  have  been  provided. 

(C)  No  anchor  shall  be  cast  or  dragged  in  such  a  way  as  to 
damage  any  coral  reef  formations.  Anchors  shall  be  dropped  only  on  sand  flats 
off  the  reefs  and  be  placed  to  avoid  dragging  into  the  coral  formations. 

(D)  Within  100  yards  of  divers,  sightseeing  boats  or  fisher- 
men, no  watercraft  shall  be  operated  at  a  speed  greater  than  4  knots  or  in  any 
manner  to  create  a  wake,  except  by  law  enforcement  officials  while  in  the 
performance  of  their  official  duties. 

(E)  All  watercraft  from  which  diving  operations  are  being 
conducted  shall  fly  in  a  conspicuous  manner  the  red  and  white  "divers 
down"  flag.  Divers  shall  stay  within  100  yards  of  their  diving  flag. 

(7)  Use  of  dangerous  weapons.  Except  for  law  enforcement  purposes, 
no  person  shall  use  or  discharge  explosives  or  weapons  of  any  description 
within  the  Sanctuary  boundaries.  Distress  signaling  devices,  necessary  and 
proper  for  safe  vessel  operation,  and  knives  generally  used  by  fishermen  and 
swimmers  are  not  considered  weapons  for  purposes  of  this  Subsection. 

56 


(b)  The  Sanctuary  may  be  closed  to  public  use  in  the  event  of  emergency 
conditions  endangering  life  or  property.  The  Assistant  Administrator  or 
his/her  designee  may  also  close  certain  areas  in  order  to  (i)  permit  recovery 
of  the  living  resources  from  overuse,  or  (ii)  provide  for  scientific  research 
relating  to  protection  and  management.  However,  the  total  closed  area  shall 
not  exceed  a  size  necessary  to  accomplish  these  purposes.  Public  notice  of 
closures  will  be  provided  through  the  local  news  media  and  posting  of  placards 
at  the  John  Pennekamp  Coral  Reef  State  Park,  if  deemed  necessary. 

(c)  The  regulation  of  activities  within  the  Sanctuary  shall  not 
prohibit  any  activity  conducted  by  the  Department  of  Defense  that  is  essential 
for  national  defense  or  because  of  emergency.  Such  activities  shall  be 
conducted  consistently  with  all  regulations  to  the  maximum  extent  possible. 

(d)  The  prohibitions  in  this  Section  are   not  based  on  any  claim  of 
territoriality  and  will  be  applied  to  foreign  persons  and  vessels  only  in 
accordance  with  recognized  principles  of  international  law,  including 
treaties,  conventions  and  other  international  agreements  to  which  the  United 
States  is  signatory. 

929.8.  Other  Authorities 

No  license,  permit  or  other  authorization  issued  pursuant  to  any  other 
authority  may  validly  authorize  any  activity  prohibited  by  Section  929.7 
unless  such  activity  meets  the  criteria  stated  in  Section  929.10(c)  and 
(d),  and  is  specifically  authorized  by  the  Assistant  Administrator. 

929.9.  Penalties  for  Commission  of  Prohibited  Acts 

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  violation  of  any  such  regulation.  Procedures  are   set  out  in  Subpart  D 
of  Chapter  15  CFR  Part  922.  Subpart  D  is  applicable  to  any  instance  of  a 
violation  of  these  regulations. 

929.10.  Permit  Procedures  and  Criteria 

(a)  Any  person  in  possession  of  a  valid  permit  issued  by  the  Assistant 
Administrator  in  accordance  with  this  section  may  conduct  in  the  Sanctuary 
activities  specified  in  the  permit  including  any  activity  specifically  pro- 
hibited under  Section  929.7,  if  such  activity  is:   (1)  research  related  to  the 
resources  of  the  Sanctuary,  (2)  to  further  the  educational  value  of  the 
Sanctuary,  or  (3)  for  salvage  or  recovery  operations. 

(b)  Permit  applications  shall  be  addressed  to  the  Assistant  Administrator; 
ATTN:   Sanctuary  Programs  Division,  National  Oceanic  and  Atmospheric  Admin- 
istration, 3300  Whitehaven  Street,  N.W.,  Washington,  D.C.  20235.  An  appli- 
cation shall  include  a  description  of  all  activities  proposed,  the  equip- 
ment, methods,  and  personnel  (particularly  describing  relevant  experience) 
involved,  and  a  timetable  for  completion  of  the  proposed  activity.  Copies  of 
all  other  required  licenses  or  permits  shall  be  attached. 


57 


(c)  In  considering  whether  to  grant  a  permit,  the  Assistant  Administrator 
shall  evaluate  such  matters  as:   (1)  the  general  professional  and  financial 
responsibility  of  the  applicant;  (2)  the  appropriateness  of  the  methods  being 
proposed  to  the  purpose(s)  of  the  activity;  (3)  the  extent  to  which  the  conduct 
of  any  permitted  activity  may  diminish  or  enhance  the  value  of  the  Sanctuary 

as  a  source  of  recreation,  education,  or  scientific  information;  and  (4)  the 
end  value  of  the  activity. 

(d)  In  addition  to  meeting  the  criteria  in  929.10  (a)  and  (c),  the 
applicant  must  also  satisfactorily  demonstrate  to  the  Assistant  Administrator: 
(1 )  that  adequate  safequards  shall  be  provided  to  protect  the  environment, 
and  (2)  that  the  environment  shall  be  returned  to  the  condition  which  existed 
before  the  activity  occurred.  A  permit  issued  according  to  the  provisions  for 
an  otherwise  prohibited  activity  shall  be  appropriately  conditioned,  and 
monitored  by  NOAA  to  ensure  compliance. 

(e)  In  considering  an  application  submitted  pursuant  to  this  Section, 
the  Assistant  Administrator  may  seek  and  consider  the  views  of  Regional  Fishery 
Management  Councils  and  any  other  person  or  entity,  within  or  outside  of  the 
Federal  government,  and  may  hold  a  public  hearing,  as  he/she  deems  appropriate. 

(f)  The  Assistant  Administrator  may,  grant  a  permit  which  has  been  applied 
for  pursuant  to  this  Section,  in  whole  or  in  part,  and  subject  to  such  condition(s) 
as  deemed  necessary,  and  may  attach  to  any  permit  granted  for  research  related 

to  the  Sanctuary  stipulations  requiring  that:   (1)  The  Assistant  Administrator 
or  a  designated  representative  may  observe  and  monitor  any  activity  permitted 
by  this  Section;  (2)  any  information  obtained  in  the  research  site  shall  be 
made  available  to  the  public;  (3)  periodic  reports  of  the  status  of  progress 
of  such  activity  be  submitted;  and  (4)  the  Permittee  shall  fly  the  Sanctuary 
research  flag  while  working  in  the  Sanctuary. 

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

(h)  The  Assistant  Administrator  may  amend,  suspend  or  revoke  a  permit 
granted  pursuant  to  this  Section,  in  whole  or  in  part,  if  it  is  determined  that 
the  Permittee  has  acted  in  violation  of  the  terms  of  the  permit  or  of  these 
regulations  or  for  other  good  cause  shown.  Any  such  action  shall  be  com- 
municated in  writing  to  the  Permittee,  and  shall  set  forth  the  reason(s)  for 
the  action  taken.  Such  action  may  be  appealed  as  provided  for  in  Section 
929.11. 

929.11.  Appeals  of  Administrative  Action 

(a)  The  applicant  for  a  permit  or  the  Permittee,  or  any  other  interested 
person  (hereafter  Appellant)  may  appeal  the  granting,  denial,  conditioning  or 
suspension  of  any  permit  under  Section  929.10  to  the  Administrator  of  NOAA. 
In  order  to  be  considered  by  the  Administrator,  such  appeal  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  Assistant  Administrator.  The 
Appellant  may  request  an  informal  hearing  on  the  appeal. 


58 


(b)  Upon  receipt  of  an  appeal  authorized  by  this  Section,  the  Administrator 
may  request  the  appellant,  and  the  permit  applicant  or  Permittee  if  other  than 
the  Appellant,  to  submit  such  additional  information  and  in  such  form  as  will 
allow  action  upon  the  appeal.  The  Administrator  shall  decide  the  appeal  using 
the  criteria  set  out  in  Section  929.10(c),  any  information  relative  to  the 
application  on  file,  any  information  provided  by  the  Appellant,  and  such  other 
consideration  as  is  deemed  appropriate.  The  Administrator  shall  notify  the 
Appellant  of  the  final  decision  and  the  reason(s)  therefor,  in  writing  normally 
within  30  days  of  the  date  of  the  receipt  of  adequate  information  required  to 
make  the  decision. 

(c)  If  a  hearing  is  requested  or,  if  the  Administrator  determines  that 
one  is  appropriate,  the  Administrator  may  grant  an  informal  hearing  before  a 
Hearing  Officer  designated  for  that  purpose,  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  unless  the  Hearing  Officer  extends  the  time 
for  reasons  deemed  equitable.  The  Appellant,  the  applicant  or  Permittee,  if 
different,  and,  other  interested  persons  may  appear  personally  or  by  counsel 

at  the  hearing  and  submit  such  material  and  present  such  arguments  as  determined 
appropriate  by  the  Hearing  Officer.  Within  30  days  of  the  last  day  of  the 
hearing,  the  Hearing  Officer  shall  recommend  a  decision  in  writing  to  the 
Administrator. 

(d)  The  Administrator  may  adopt  the  Hearing  Officer's  recommended  decision, 
in  whole  or  in  part,  or  may  reject  or  modify  it.   In  any  event,  the  Administrator 
shall  notify  the  interested  persons  of  his/her  decision,  and  the  reason(s) 
therefor  in  writing  within  30  days  of  receipt  of  the  recommended  decision  of 

the  Hearing  Officer.  The  Administrator's  decision  shall  constitute  final 
action  for  the  Agency  for  the  purposes  of  the  Administrative  Procedure  Act. 

(e)  Any  time  limit  prescribed  in  this  Section  may  be  extended  by  the 
Administrator  for  good  cause  for  a  period  not  to  exceed  30  days,  either 
upon  his/her  own  motion  or  upon  written  request  from  the  Appellant,  permit 
applicant  or  Holder,  stating  the  reason(s)  therefor. 


59 


APPENDIX  D 
Surveillance  and  Enforcement 
Memorandum  of  Agreement 


This  Agreement  is  entered  in  by  and  between  the  Secretary  of  Commerce  for 
the  United  States  of  America  (the  Secretary),  and  the  State  of  Florida 
Department  of  Natural  Resources,* Division  of  Recreation  and  Parks  (the 
State). 

WITNESSETH  : 

Whereas,  Title  III  of  the  Marine  Protection,  Research  and  Sanctuaries 
Act,  Public  law  92-532  (as  amended),  16  U.S.C.  1431  et  seq. ,  (the  Act), 
authorized  the  designation  of  ocean  waters  as  marine  sanctuaries  to 
preserve  or  restore  their  conservation,  recreational,  ecological  or 
esthetic  values;  and 

Whereas,  under  section  302(f)(4)  (16  U.S.C.  1432(f)(4))  of  the  Act,  the 
Secretary  is  charged  with  the  responsibility  for  enforcing  the  provisions 
of  the  Act  and  is  authorized  to  enter  into,  among  other  things,  agreements 
with  state  agencies  to  utilize  such  personnel,  services,  equipment,  and 
other  facilities  of  such  State  agencies  as  may  be  necessary  to  carry  out 
the  enforcement  responsibilities  of  the  Act;  and 

Whereas,  such  agreements  with  State  agencies  are  also  authorized  by 
Section  3(b)  of  the  Fish  and  Wildlife  Improvement  Act  of  1978  (16  U.S.C. 
7421(b))  and  by  Section  6(a)  of  the  Lacey  Act  (16  U.S.C.  3375(a))  both  of 
which  enhance  the  Secretary's  ability  to  enforce  the  Act  insofar  as  it 
relates  to  the  protection  of  fish  and  wildlife;  and 

Whereas,  on  December  18,  1975  the  Secretary  designated  the  Key  Largo 
National  Marine  Sanctuary  adjacent  to  the  John  Pennekamp  Coral  Reef  State 
Park  and  on  January  16,  1981  the  Secretary  designated  the  Looe  Key  National 
Marine  Sanctuary  located  five  miles  south-southwest  of  Big  Pine  Key  (the 
Sanctuaries); 

Whereas,  the  State  possesses  law  enforcement  personnel,  vessels, 
aircraft,  vehicles  and  other  equipment  and  capabilities  presently  engaged 
in  enforcing  state  conservation  laws  which  could  be  utilized  in  assisting 
the  Secretary  in  carrying  out  the  law  enforcement  responsibilities  mandated 
by  the  Act  for  the  Sanctuaries; 

NOW  THEREFORE,  it  is  mutually  agrt->ed: 

I.   DEPUTIZATION  OF  STATE  OFFICERS  AS  FEDERAL  ENFORCEMENT 

AGENTS 

A.  Those  law  enforcement  officers  (hereinafter  referred  to  as  Rangers) 
who  are  members  of  the  Division  of  Recreation  and  Parks  are  hereby  deputized 
and  authorized  as  federal  law  enforcement  agents  to  enforce  the  Act  and  the 
regulations  promulgated  thereunder,  utilizing  the  powers  and  authorities  of 
the  Lacey  Act  as  appropriate.  Enforcement  shall  be  under  the  direction  of 
the  Secretary  or  his  or  her  designee  and  in  accordance  with  any  guidelines 
or  limitations  the  Secretary  or  his  or  her  designee  may,  from  time  to  time, 
impose. 


63 


B.  All  Rangers,  while  acting  as  federal  law  enforcement  agents ,  shall 
possess  the  powers  and  authorities  as  set  forth  above  but  shall  not  be  held 
or  considered  as  employees  of  the  United  States  for  the  purposes  of  any 
laws  administered  by  the  United  States  Office  of  Personnel  Management. 
Such  Rangers,  while  acting  as  federal  law  enforcement  agents,  shall  not  be 
compensated,  salaried  or  otherwise  reimbursed  by  the  United  States  for  any 
services  performed  or  expenses  incurred  in  performance  of  such  duties 
except  as  provided  by  memoranda  of  understanding,  contracts,  or  cooperative 
agreements  in  accordance  with  this  Agreement. 

C.  Except  as  provided  in  this  Agreement,  the  Rangers  shall  not  have 
the  authority  to  carry  out  any  functions  or  responsibilities  of  the  U.S. 
Government  under  the  Act. 

D.  Those  Rangers  who  for  any  reason  leave  or  are  removed  from  service 
as  members  of  the  Division  of  Recreation  and  Parks  will  be  simultaneously 
divested  of  authority  herein  conferred*,  A  newly  appointed  member  will 
automatically  be  vested  with  authority  under  this  Agreement  as  of  the  date 
of  his  or  her  appointment. 

E.  All  Rangers  exercising  authority  under  this  Agreement  shall,  as 
soon  as  possible  but  not  later  than  15  days  following  the  event,  submit 

written  documentation  of  any  action  taken  pursuant  to  this  Agreement.'  Such 
documents  shall  include,  but  not  be  limited  to,  case  investigation  reports, 
a  copy  of  any  written  warning  or  documentation  of  violation  issued,  and  any 
supporting  exhibits,  affidavits,  photographs,  or  other  evidence  gathered, 
and  shall  be  submitted  to  the  Southeast  Regional.  Counsel,  National  Oceanic 
and  Atmospheric  Administration,  9450  Roger  Blvd.,  Suite  127,  St.  Petersburg, 
Florida  33702.  Any  arrest  of  persons  or  seizure  of  vessels  made  as  a 
result  of  action  taken  fey  any  Ranger  under  this  agreement  shall  be  reported 
immediately  to  the  NQAA  Regional  Counsel  in  St.  Petersburg,  Florida 

P.  Rangers  will  be  made  available,  upon  request  by  the  appropriate 
Federal  authority,  to  appear  as  witnesses  in  connection  with  any  action 
brought  under  the  Act  with  which  they  have  an  involvement. 

G.  Any  vessel,  fish,  or  cargo  seized  by  a  Ranger  under  the  Act  may 
be  delivered  to  a  U.S.  Government  official  designated  by  the  Secretary  or 
other  appropriate  Federal  authority.  If  such  official  is  unable  properly 
to  provide  for  the  care,  handling,  and  preservation  as  evidence  of  such 
seized  property,  employees  of  the  State  will  be  expected  to  make  reasonable 
arrangements  for  such  care,  handling,  and  preservation  as  evidence.  Costs 
to  third  parties  with  whom  arrangements  for  the  care,  handling,  and  preser- 
vation of  seized  property  are  made  under  this  paragraph  shall  be  considered 
as  separate  items  for  payment  by  the  Secretary  and  will  not  be  the  responsi- 
bility of  the  State. 

H.  The  State  shall  prepare  a  monthly  report  witn  respect  to  the 
activities  under  this  Agreement  and  submit  this  report  within  15  days  of 
the  close  of  the  reporting  month  to  the  Director,  Sanctuary  Programs 
Office,  National  Oceanic  and  Atmospheric  Administration.  Such  report  shall 
contain,  but  not  be  limited  to,  a  summary  of  the  types  of  contacts  made, 


64 


the  frequency  of  specific  violations,  locations  and  tiroes  (dates  and  hours) 
of  patrols,  and  such  other  actions  as  may  have  been  taken  pursuant  to  the 
Act.  In  addition,  the  State  shall  make  recan nendations ,  as  appropriate, 
for  improving  the  enforcement  of  marine  sanctuary  violations. 

II.   OONDITICNS  AND  TERM  OF  AGREEMENT 

A.  This  Agreement  shall  be  effective  as  of  the  date  it  is  signed  by 
the  parties  and  shall  remain  in  effect  until  30  days  after  either  party 
has  given  the  other  written  notice  of  termination.  This  Agreement  may  be 
amended  with  the  mutual  consent  of  the  parties  in  writing. 

B.  In  no  event  shall  this  Agreement  be  interpreted  to  conflict  with 
any  directives,  specific  operating  policies  or  procedures  promulgated  by 
the  Secretary  or  the  State,  without  the  express  oral  or  written  consent  of 
an  appropriate  official  of  the  United  States  or  the  Florida  Division  of 
Recreation  and  Parks  respectively.  If  the  terms  of  this  agreement  are 
inconsistent  with  any  such  existing  directives,  policies  or  procedures 
then  those  inconsistent  terms  shall  be  invalid,  but  the  remaining  terms 
and  conditions  shall  remain  in  full  force  and  effect. 

C.  This  agreement  shall  be  construed  to  be  consistent  with  the .Act, 
and  regulations  promulgated  under  that  Act. 


UNITED  STATE 
FOR  THE  SEQ 

BY:        jf& 

TiytEz  1  Act: 

pig  Assistant  Administrator 

DATE: 

JUL  2  ?  1992 

FLORIDA  DEPARTMENT  OF  NATURAL  RESOURCES 
FOR  THE  STATE  OH  FLORIDA 


BY:  ZX^?)J  L—UJt~  -w^— —  APPROVED  as  TO 

SQHk  &  fcCGAUTY 

TITLE:   Executive,  Director 

««=«    JUlY  30.  19ft? °EPARTMENTATTO»NCV 


65 


APPENDIX  E 
Sanctuary  Research  Guidelines 


DRAFT 
GUIDELINES  FOR  RESEARCH  IN  NATIONAL  MARINE  SANCTUARIES 

I.   GUIDELINES  FOR  RESEARCH  PROPOSALS 


A.  Sanctuary-Sponsored  Research 

The  Sanctuary  Programs  Division  (SPD)  of  the  Office  of  Ocean  and  Coastal 
Resource  Management  in  the  National  Oceanic  and  Atmospheric  Administration 
(NOAA)  provides  support  for  research  which  addresses  management  issues  in 
national  marine  sanctuaries.  Research  priorities  are   identified  in  sanctuary 
management  plans. 

B.  Types  of  Proposals 

The  SPD  provides  financial  support  for  research  through  grants,  contracts, 
and  cooperative  agreements.  Cost-sharing  and  coordination  of  projects  with 
other  government  agencies,  universities  and  private  institutions  is  encouraged. 

The  SPD  considers  proposals  from  universities  and  colleges;  nonacademic 
research  institutions  (e.g.,  research  laboratories,  independent  museums, 
professional  societies);  private  organizations;  local,  state  or  other  Federal 
government  agencies;  and  unaffiliated  qualified  individuals. 

Proposals  for  research  in  national  marine  sanctuaries  fall  under  one  of 
several  categories  as  defined  below: 

1.  Competitive  Proposals.  Any  procurement  for  which  bids,  quotations, 
or  proposals  are  solicited  or  requested  from  several  qualified  sources  for 
competitive  evaluation.  Requests  for  proposals  (RFP)  and  scope  of  work  are 
published  in  the  Commerce  Business  Daily. 

2.  Noncompetitive  Proposals.  Any  procurement  for  which  bids,  quotations 
or  proposals  are  solicited  or  requested  from  only  one  source  or  for  which 
only  one  bid,  proposal  or  quotation  is  received.  Noncompetitive  proposals 

are   considered  when:  (1)  no  other  source  has  the  capabilility  and/or  experience; 
(2)  efforts  to  find  other  firms  are  unsuccessful;  (3)  only  the  one  proposed 
contractor  can  meet  the  required  delivery  schedule;  or  (4)  it  would  be  less 
than  economic  if  the  requirement  was  procured  by  another  source. 

3.  Unsolicited  Proposals.  Any  formal  written  offer  to  perform  a  proposed 
task  or  effort  that  is  initiated  and  submitted  by  a  qualified  prospective 
contractor  without  a  solicitation  by  SPD.  SPD  encourages  the  submission  of 
ideas,  concepts  or  suggestions  that  may  help  to  improve  or  enhance  its  mission 
or  sanctuary  management  capabilities  through  unique  or  innovative  methods  or 
approaches. 


69 


C.  General  Policies 

Proposals  for  research  in  national  marine  sanctuaries  are  evaluated  in 
accordance  with  stated  evaluation  criteria  (see  Guidelines  for  Evaluating 
Proposals).  All  proposals  are   reviewed  by  SPD  officials,  and  experts  know- 
ledgable  on  the  subject  matter. 

SPD  does  not  normally  support  open-ended  projects,  projects  with  vague 
goals,  projects  with  untested  and  unproven  methods,  or  projects  that  will  have 
adverse  impacts  on  the  sanctuary  environment.  New  methods  should  be  field 
tested  and  evaluated  in  small  projects  before  use  in  major  projects  supported 
by  SPD  in  order  to  ensure  a  high  probability  of  successful  project  completion. 

SPD  will  consider  providing  support  for  research  conducted  outside  of  the 
sanctuary  if  the  proposed  effort  is  of  importance  to  sanctuary  management. 
When  proposals  include  activities  prohibited  by  sanctuary  regulations,  it  may 
be  determined  that  all  or  part  of  the  research  should  be  conducted  outside  the 
sanctuary  boundary.  Sanctuary  regulations  and  Guidelines  for  applying  for 
Sanctuary  Research/Education  Permits  should  be  consulted  to  determine  the 
appropriateness  of  the  research  approach  considered  before  a  proposal  is 
submitted  to  SPD.  Under  special  circumstances,  activities  otherwise  prohibited 
by  sanctuary  regulations  may  be  permitted  under  NOAA  permit  or  otherwise  con- 
ditioned to  reduce  the  threat  of  harm  to  the  environment. 

When  research  supported  by  other  sources  is  to  be  conducted  in  the 
sanctuary,  SPD  and  on-site  sanctuary  personnel  should  be  notified  in  advance 
by  the  principal  investigator  to  help  assure  that  responsible  program 
personnel  are  aware  of  all  research  activities  in  a  particular  sanctuary. 

Provisions  for  emergency  response  to  crisis  situations  that  may  affect 
the  sanctuary  are  being  considered.  During  the  past,  several  potential 
emergency  situations  have  occurred,  including  oil  spills,  massive  fish  kills, 
apparent  epidemics  of  disease,  and  boat  groundings,  and  no  contingency  plan 
was  in  place  to  respond  to  the  crisis  or  assess  its  impact  in  an  organized  and 
timely  fashion. 

D.  Proposal  Content 

1.   Cover  Sheet.  The  cover  sheet  should  identify  the  following,  where 
applicable: 

Announcement  or  solicitation  number  and  closing  date  (if  any) 
or  identify  as  unsolicited 

Name  of  national  marine  sanctuary  where  proposed  project  is  to 
be  conducted 

°    Title  of  proposed  project 


70 


°    Name  and  address  of  organization  to  which  the  award  would  be 
made 

0    Type  of  organization 

Name,  address  and  phone  number  of  principal  investigator  and 
additional  key  project  representatives 

°  Requested  amount 

°  Proposed  start  date 

°  Proposed  Project  duration 

0  Other  funding  sources  (actual  or  potential) 

0  Previous  award  numbers  for  renewal  or  continued  support 

The  title  of  the  proposed  research  project  should  be  brief,  informative 
and  intelligible  to  the  general  public. 

Specification  of  a  proposed  starting  date  does  not  guarantee  award  by 
that  date  (see  page  D-6).  Work  on  the  project  should  not  begin  before  the 
effective  date  designated  on  the  official  notification  of  the  award. 

A  proposal  must  be  signed  by  the  organizational  official  authorized  to 
contractually  obligate  the  submitting  organization.  The  principal 
investigator  is  also  signatory. 

2.  Table  of  Content. 

3.  Lists  of  Figures  and  Tables. 

4.  Project  Summary.  A  250-word  project  summary  should  include  a  statement 
of  research  objectives,  scientific  methods  to  be  used  and  the  significance  of 
the  project  to  a  particular  sanctuary  or  to  the  national  marine  sanctuary 
system.  The  summary  should  be  suitable  for  use  in  the  public  press. 

5.  Project  Description.  The  main  body  of  the  proposal  should  be  concise, 
but  detailed.   It  should  include: 

a.  Description  of  Current  State  of  Knowledge.  Discuss  the  problem 
in  light  of  significant  previous  work  in  the  area. 

b.  Project  Objectives.  State  the  objectives  of  the  study. 

c.  Project  Significance.  Discuss  how  the  proposed  effort  will 
enhance  or  contribute  to  improving  the  state  of  knowledge.  Discuss  any  relevant 
management  issues  and  how  the  proposed  effort  will  contribute  to  sanctuary 
management  decisionmaking,  future  sanctuary  research,  and/or  other  works  in 
progress. 


71 


d.  Methods.  Describe  the  tasks  required  to  accomplish  the  pro- 
ject's objectives.  Provide  adequate  description  of  field  and  laboratory  methods 
and  procedures.  Provide  a  map  to  study  location(s).   Indicate  habitat  areas 
of  particular  concern.  Indicate  where  laboratory  analyses  will  be  conducted, 
if  applicable.  Describe  the  rationale  for  selecting  the  proposed  methods  and 
study  locations  over  any  alternatives.  Identify  any  environmental  consequences. 
List  and  describe  facilities  and  equipment  to  be  used.  Collaborative  arrange- 
ments and  cost-sharing  should  be  documented  in  the  proposal. 

ee  Analysis  of  Results.  Discuss  how  the  results  will  be  analyzed. 
Reference  relevant  statistical  analyses. 

f.  Deliverables.  Discuss  anticipated  final  products  --  see  IV. 
Report  Preparation.  Provide  sample  graphics  or  illustrations  and  layout  design. 
If  color  photographs  or  graphics  are   to  be  used,  provide  justification  for 
use  and  estimate  total  number.  Indicate  how  results  will  be  treated  --  published 
in  reference  journal,  published  in  the  public  press,  incorporated  into  academic 
curriculum,  submitted  to  SPD's  Technical  Report  Series,  etc  (Note  the  SPD 
prints  and  publishes  a  limited  number  of  outstanding  reports  in  its  Technical 
Report  Series). 

6*  Personnel .  Describe  the  research  team  and  the  specific  task  assign- 
ments of  team  members.  Indicate  the  percentage  of  time,  based  on  the  offeror's 
regular  work  week,  that  personnel  are  expected  to  devote  to  the  proposed  work. 
Provide  resumes  listing  qualifications  and  details  relating  professional  and 
technical  personnel.  In  an  appendix,  list  each  investigator's  publications 
during  the  past  5  years.  Describe  and  explain  any  portion  of  work  expected  to 
be  subcontracted  and  identify  probable  sources. 

Submit  evidence  of  ability  to  perform.  Such  evidence  shall  be  in  reference 
to  similar  efforts  performed. 

7.  References.  Cite  only  those  used  in  the  text  of  the  proposal. 

8.  Budget,  The  applicant  may  request  funds  under  any  of  the  categories 
listed  below  as  long  as  the  item  is  considered  necessary  to  perform  the  research. 
The  applicant  should  provide  justification  for  major  items  requested. 

a.  Salaries  and  Wages.  Salaries  and  wages  of  the  principal  inves- 
tigator and  other  members  of  the  project  team  constitute  direct  costs  in 
proportion  to  the  effort  devoted  to  the  project.  The  number  of  fulltime 
person  months  or  days  and  the  rate  of  pay  (hourly,  monthly  or  annual)  should 
be  indicated.  Salaries  requested  must  be  consistent  with  the  institution's 
regular  practices.  The  submitting  organization  may  request  that  salary  data 
remain  proprietary  information. 

b.  Fringe  Benefits.  Fringe  benefits  (i.e.,  social  security,  insurance, 
retirement)  may  be  treated  as  direct  costs  so  long  as  this  is  consistent  with 

the  institution's  regular  practices. 

c.  Equipment.  Itemize  equipment  to  be  purchased,  leased  or  rented 
by  model  number  and  manufacturer,  where  known.  Describe  purpose  of 


72 


use.  SPD  defines  equipment  as  an  item  of  property  that  has  an  acquisition 
cost  of  $300  or  more  and  an  expected  service  life  of  2  years  or  more.  Equipment 
becomes  the  property  of  SPD  at  the  termination  of  the  contract.  Where  possible 
and  economically  advantageous,  equipment  should  be  rented  or  leased  for  the 
duration  of  the  project. 

d.  Travel .  Describe  the  type  and  extent  of  travel  and  relation  to 
the  proposed  research.  Travel  expense  should  not  exceed  40  percent  of  total 
direct  costs.  Funds  may  be  requested  for  field  work  and  subsistence  and  for 
consultant 's  travel . 

e.  Other  Direct  Costs.  The  budget  should  itemize  other  antici- 
pated costs  under  the  following  categories: 

(1)  Materials  and  Supplies.  The  budget  should  indicate  in 
general  terms  the  types  of  expendable  materials  and  supplies 
required  with  their  estimated  costs. 

(2)  Research  Vessel  or  Aircraft  Rental.  Include  unit  cost 
and  duration  of  use. 

(3)  Laboratory  Space  Rental.  Funds  may  be  requested  for  use 
of  laboratory  space  at  research  establishments  away  from  the 
grantee  institution  while  conducting  studies  specifically 
related  to  the  proposed  effort. 

(4)  Reference  Books  and  Periodicals.  Funds  may  be  requested 
for  reference  books  and  periodicals  only  if  they  are 
specifically  required  for  the  research  project. 

(5)  Publication  and  Reproduction  Costs.  This  includes  costs 
of  preparing  written  text  and  illustrations  and  publishing 
results. 

(6)  Consultant  Services.  Consultant  services  should  be 
justified  and  information  furnished  on  consultant's  expertise, 
primary  organizational  affiliation,  daily  compensation  rate 
and  number  of  days  of  expected  service.  (Travel  should  be 
listed  under  travel  in  the  budget). 

(7)  Computer  Services.  The  cost  of  computer  services, 
including  data  analyses  and  storage,  word  processing  for 
report  preparation  and  computer-based  retrieval  of  scienti- 
fic and  technical  information,  may  be  requested  and  must  be 
justified. 

(8)  Subcontracts.  Subcontracts  must  be  be  disclosed  in  the 
proposal  for  approval  by  SPD. 

f.  Indirect  Costs.  Appropriate  or  established  indirect  cost  rate; 
e.g.,  fees. 


73 


7.  Other  Sources  of  Financial  Support.  List  all  current  or  pending 
research  to  which  the  principal  investigator  or  other  key  personnel  have 
committed  their  time  during  the  period  of  the  proposed  work,  regardless  of  the 
source  of  support.   Indicate  the  level  of  effort  or  percentage  of  time  devoted 
to  these  projects. 

If  the  proposal  submitted  to  SPD  is  being  submitted  to  other  possible 
sponsors,  list  them  and  describe  the  extent  of  support  sought.  Disclosure  of 
this  information  will  not  jeoparadize  chances  for  SPD  funding. 

8.  Application  for  Sanctuary  Permit.  Removal  or  manipulation  of 
sanctuary  resources  or  activities  prohibited  by  sanctuary  regulations  requires 
a  sanctuary  permit.  Proposals  should  discuss  the  environmental  consequence  of 
conducting  an  otherwise  prohibited  activity  and  indicate  whether  the  activity 
could  be  conducted  outside  the  sanctuary  and  accomplish  the  project's  objectives 
If  collecting  is  required,  indicate  the  type  and  quantity  and  where  specimens 
will  be  deposited.   Indicate  what  organisms  might  be  collected  incidentally  to 
those  specifically  sought  and  identify  specialists  who  might  be  interested  in 
incidental  groups. 

9.  Requests  for  Sanctuary  Support  Services.  SPD  has  limited  on-site 
sanctuary  personnel,  facilities  and  equipment  which  may  be  used  on  loan  or 
lease  to  support  research  under  special  circumstances.  Requests  should  include 
the  following  information:  (1)  type  of  support  requested;  (2)  justification; 
(3)  dates  and  duration  of  use;  and  (4)  alternative  plans  if  support  is  not 
available. 

10.  Coordination  with  Other  Research  In  Progress  or  Proposed.  SPD 
encourages  coordination,  collaboration  and  cost-sharing  with  other  investi- 
gators to  enhance  scientific  capabilities  and  avoid  unnecessary  duplication 
of  effort.  Proposals  should  include  a  description  of  these  efforts. 

E.  Submission  of  Proposals 

Dates  for  submission  of  solicited  proposals  are  announced  in  the 
Commerce  Business  Daily.  Unsolicited  research  proposals  may  be  submitted 
at  any  time  but  in  order  to  be  funded  in  a  particular  fiscal  year  (ending 
September  30),  proposals  should  be  received  no  later  than  December  15  of 
that  year.     Applicants  should  allow  at  least  three  (3)  months  for  review. 

Five  (5)  copies  of  the  proposal  should  be  submitted  to: 

Dr.  Nancy  Foster 

Chief 

Sanctuary  Programs  Division 

Office  of  Ocean  and  Coastal  Resources  Management 

National  Oceanic  and  Atmospheric  Administration 

3300  Whitehaven  Street,  N.W. 

Washington,  D.C.  20235 

(202)634-4236 

Washington,  D.C.  20235 

(202)634-4236 


74 


GUIDELINES  FOR  SANCTUARY  PERMITS* 

A.  Introduction 

Permits  may  be  issued  by  the  Assistant  Administrator  for  National  Ocean 
Services  or  his/her  designee  under  special  circumstances  for  activities  other- 
wise prohibited  by  sanctuary  regulations  when  related  to  (1)  research  to  enhance 
scientific  understanding  of  the  sanctuary  environment  or  to  improve  management 
decisionmaking;  (2)  education  to  further  public  awareness,  understanding, 
and  wise  use  of  the  sanctuary  environment;  or  (3)  salvage  and  recovery  operations 
Requests  for  permits  are   reviewed  by  SPD  program  officials. 

B.  Application  Content 

1.  Cover  Sheet.  The  cover  sheet  should  identify:  (1)  name  of  the  national 
marine  sanctuary  in  which  the  proposed  activity  would  take  place;  (2)  title  of 
project;  (3)  name,  address,  telephone  number,  and  affiliation  of  applicant: 

(4)  name,  affiliation,  and  relationship  of  colleagues  to  be  covered  by  the 
permit;  (5)  project  duration;  (6)  funding  source;  (7)  key  words;  and  (8)  signa- 
ture of  applicant  on  letterhead  stationary. 

2.  Project  Summary.  A  250-word  project  summary  should  include  a  brief 
statement  of  research  objectives,  scientific  methods  to  be  used,  and 
significance  of  the  proposed  work  to  a  particular  sanctuary  or  to  the  national 
marine  sanctuary  system.  The  summary  should  be  suitable  for  use  in  the  public- 
press. 

3.  Technical  Information.  This  includes  clear,  concise  and  complete 
statements  of  the  following: 

a.  Objectives.  State  the  objectives  of  the  study. 

b.  Project  Significance.  Discuss  significant  previous  work  in  the 
area  of  interest  and  how  the  proposed  effort  would  enhance  or  contribute  to 
improving  the  state  of  knowledge.   Explain  why  the  proposed  effort  should  be 
performed  in  the  sanctuary  and  the  potential  benefits  of  the  proposed  effort 
to  the  sanctuary. 

c.  Methods.  Describe  the  tasks  required  to  accomplish  the  project's 
objectives.  Provide  adequate  description  of  field  and  laboratory  methods  and 
procedures.  Describe  the  rationale  for  selecting  the  proposed  methods  over 
any  alternative  methods.   If  collecting  is  required,  indicate  the  type  and 
quantity  and  where  specimens  would  be  deposited.  Indicate  what  organisms 
might  be  collected  incidentally  to  those  specifically  sought  and  identify 
specialists  who  might  be  interested  in  incidental  groups. 


*Note:  Applicants  submitting  proposals  for  financial  support  should  include 
permit  requests  in  proposals  following  SPD's  Guidelines  for  Research  Proposals 
Investigators  conducting  non-SPD-sponsored  research  should  follow  guidelines 
discussed  herein. 


75 


Provide  a  map  to  field  study  location(s).  Describe  habitat  areas  of 
particular  concern.  Indicate  where  the  laboratory  analyses  will  be  conducted, 
if  applicable. 

d.  Environmental  Consequences.  Discuss  the  environmental  consequence 
of  conducting  an  otherwise  prohibited  activity  and  indicate  whether  the  activity 
could  be  conducted  outside  the  Sanctuary  and  accomplish  the  projects  objectives. 

e.  Personnel .  Describe  the  research  team  and  specific  task  assign- 
ments of  team  members.  Provide  evidence  of  ability  to  perform  (i.e.,  qualifi- 
cations and  reference  to  similar  efforts  performed).  Note  that  only  those 
persons  specifically  listed  on  the  permit  will  be  allowed  to  participate  in 
permitted  activities. 

f.  Treatment  of  Results.  Describe  the  nature  and  extent  of  antici- 
pated results.  Indicate  how  the  results  will  be  treated  (e.g.,  published  in 

a  reference  journal,  incorporated  into  academic  curriculum,  used  in  management 
decisionmaking,  published  in  the  public  press). 

g.  References.  Cite  only  those  used  in  the  text  of  the  proposal. 
4.  Supporting  Information 

a.  Financial  Support.  Provide  contract  number,  performance 
period,  and  name  of  sponsoring  agency. 

b.  Coordination  with  Research  in  Progress  or  Proposed.  SPD  encourages 
coordination  and  cost-sharing  with  other  investigators  to  enhance  scientific 
capabilities  and  avoid  unnecessary  duplication  of  effort.  Applications  should 
include  a  description  of  these  efforts,  where  applicable. 

C.  Requests  for  Sanctuary  Support  Services 

SPD  has  limited  on-site  sanctuary  personnel,  facilities  and  equipment  that 
may  be  used  on  loan  or  lease  to  support  research  under  special  circumstances. 
Requests  for  support  should  accompany  the  permit  application  and  include  the 
following  information:  (1)  type  of  support  requested;  (2)  justification;  (3) 
dates  and  length  of  use;  and  (4)  alternative  plans  if  support  is  not  available. 

D.  Requests  for  Amendments  to  Active  Permits 

Requests  for  extension  of  a  permit  period,  change  in  study  design  or 
other  form  of  amendment  to  active  permits  should  conform  to  these  guidelines. 
All  pertinent  information  needed  to  make  an  objective  evaluation  of  the 
amendment  should  be  included  in  the  request.  The  applicant  may  reference  the 
original  application  in  the  request  for  an  amendment. 


76 


E.  Submission  of  Requests  for  Permits 

Requests  for  permits  should  be  submitted  in  five  (5)  duplicate  copies  at 
least  three  (3)  months  in  advance  of  the  requested  effective  date  to  allow 
sufficient  time  for  evaluation  and  processing.   In  proven  emergency  situations, 
exceptions  to  this  requirement  may  be  considered. 

Requests  for  permits  should  be  addressed  as  follows:  Assistant  Administrator 
for  National  Ocean  Service  ATT: 

Dr.  Nancy  Foster,  Chief 

Sanctuary  Programs  Division 

Office  of  Ocean  and  Coastal  Resource  Management 

3300  Whitehaven  Street,  N.W. 

Washington,  D.C.  20235 

(202)634-4236 

F.  Evaluation  of  Permit 


Permit  applications  are  checked  for  completeness  and  adherence  to  these 
guidelines.  Complete  applications  are   assigned  tracking  numbers.  Incomplete 
applications  are  returned  to  applicant  for  clarification.  Complete  applica- 
tions reviewed  by  SPD  program  officials  and  outside  experts.  Applications  are 
judged  on  the  basis  of  (1)  relevance  or  importance  to  sanctuary;  (2)  scientific 
or  educational  merits;  (3)  appropriateness  and  environmental  consequences  of 
technical  approach;  and  (4)  whether  the  proposed  effort  should  be  conducted 
outside  of  the  sanctuary. 

G.  Conditions  of  Permits 

Based  on  the  findings  of  the  evaluation,  SPD  recommends  an  appropriate 
action  to  the  Assistant  Administrator.  If  denied,  applicants  are   notified  of 
the  reason  for  denial.  If  approved,  the  Assistant  Administrator  or  his/her 
designee  issues  the  permit. 

Permit  holders  must  counter-sign  the  permit  and  return  copies  to  SPD 
and  on-site  sanctuary  personnel  prior  to  conducting  permitted  activities  in 
the  sanctuary.  A  NOAA/SPD  research  flag  will  be  issued  to  the  permit  holder 
by  on-site  sanctuary  personnel.  The  flag  must  be  displayed  by  the  permit 
holder  while  conducting  the  permitted  activity  and  returned  to  on-site  personnel 
upon  completion  of  the  permitted  activity.  This  requirement  not  only  assures 
that  sanctuary  personnel  are  aware  of  permitted  activities,  but  also  alerts 
other  sanctuary  users  that  research  is  in  progress. 

Permits  must  be  carried  aboard  research  vessels  and  made  available  upon 
request  for  inspection  by  sanctuary  personnel  or  law  enforcement  officials. 

Only  persons  named  on  the  permit  may  participate  in  permitted  activities. 

Permits  and  NOAA/SPD  flags  are  non-transferrable.  Permit  holders  must  abide 

by  all  provisions  set  forth  in  the  permit  as  well  as  applicable  sanctuary 

regulations.  Applications  for  sanctuary  permits  are  incorporated  into  the 


77 


conditions  of  the  permit.  Permitted  activites  must  be  conducted  with  adequate 
safeguards  for  the  environment.  Insofar  as  possible,  the  environment  shall  be 
returned  to  the  condition  which  existed  before  the  activity  occurred. 

Any  information  obtained  pursuant  to  the  permitted  activity  shall  be  made 
available  to  the  public.  Submission  of  one  or  more  reports  to  SPD  on  the 
permitted  activity  may  be  required. 

The  Assistant  Administrator  may  amend,  suspend,  or  revoke  a  permit  granted 
pursuant  to  these  guidelines  and  sanctuary  regulations,  in  whole  or  in  part, 
temporarily  or  indefinitely,  if  in  his/her  view  the  permit  holder(s)  acted  in 
violation  of  the  terms  of  the  permit  or  of  applicable  sanctuary  regulations, 
or  for  any  good  cause  shown.  Any  such  action  shall  be  communicated  in  writing 
to  the  permit  holder,  and  shall  set  forth  the  reason  for  the  action  taken. 
The  permit  holder  in  relation  to  whom  the  action  is  taken  may  appeal  the  action 
as  provided  for  in  sanctuary  regulations. 

H.  Monitoring  of  Performance 

Permitted  activities  will  be  monitored  to  ensure  compliance  with  the 
conditions  of  the  permit.  SPD  and  on-site  sanctuary  personnel  may  periodically 
assess  work  in  progress  by  visiting  the  study  location  and  observing  any  activity 
permitted  by  the  permit  or  by  reviewing  any  required  reports.  The  discovery 
of  any  potential  irregularities  in  performance  under  the  permit  shall  be  promptly 
reported  and  appropriate  action  taken.  Permitted  activities  will  be  evaluated 
and  the  findings  will  be  used  to  evaluate  future  applications. 


78 


APPENDIX   F 
Summary  of  Sanctuary-sponsored  Research 


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APPENDIX  G 
Literature  Cited 


Literature  Cited 
(See  Appendix  F  for  additional  references) 

Bohnsack,  J.  A.,  Resiliency  of  coral  reef  fish  community  structure  in  response 
to  reduced  harvesting  pressure.  A  preliminary  report  to  the  Director  of 
University  Affairs,  Office  of  the  Administrator,  National  Oceanic  and 
Atmospheric  Administration,  Washington,  DC,  February  1982 

Curry,  R.,  Personal  Communication 

Biscayne  National  Park,  Homestead,  FL,  1983 

Hoffmeister,  J.  H.,  Land  from  the  Sea:   The  Geologic  Story  of  South  Florida, 
University  of  Miami  Press,  Coral  Gables,  FL,  1974 

Hudson,  J.  H.,  Growth  rates  in  Montastraea  annularis:  A  record  of  environmental 
change  in  Key  Largo  Coral  Reef  Marine  Sanctuary.  Bull.  Mar.  Sci .  31(2): 
444-459,  1981 

Jaap,  W.  C,  Stony  Corals  (Milleporina  and  Scleractinia) .   In:  Key  Largo  Coral 
Reef  Marine  Sanctuary  Deep  Water  Resource  Survey,  National  Oceanic  and 
Atmospheric  Administration,  CZ/SP-1,  pp  7-14,  July  1981 

Jones,  R.  S.,  and  M.  J.  Thompson.  Comparison  of  Florida  Reef  Fish  Assemblages 
using  a  rapid  visual  technique.  Bull.  Mar.  Sci.  28(1):   159-172,  1978 

National  Oceanic  and  Atmospheric  Administration.  Department  of  Commerce, 
Program  Development  Plan,  1982 

National  Oceanic  and  Atmospheric  Administration.  Key  Largo  Coral  Reef  Marine 
Sanctuary  Deep  Water  Resource  Survey.  CZ/SP-1,  Washington,  DC,  July  1981 

Voss,  G.  L.,  An  Environmental  Assessment  of  Key  Largo  National  Marine  Sanctuary. 
Draft  Final  Report  to  the  Sanctuary  Programs  Division,  Office  of  Ocean  and 
Coastal  Resources,  National  Ocean  Service  under  Contract  number 
NA-79-SAC-00813. 


89 


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