[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Proposed Rules]
[Pages 16399-16423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7669]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Parts 929 and 937

[Docket No. 941085-4285]
RIN 0648-AD85


Florida Keys National Marine Sanctuary Proposed Regulations

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Proposed rule; removal and revision of regulations; Summary of 
Draft Management Plan; Proposed Designation Document; Public 
Availability of Draft Management Plan and Draft Environmental Impact 
Statement.

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SUMMARY: NOAA, as required by section 7(a) of the Florida Keys National 
Marine Sanctuary and Protection Act, is proposing a comprehensive 
management plan and implementing regulations to manage an approximately 
2,800 square nautical mile area of coastal and ocean waters and the 
submerged lands thereunder, surrounding the Florida Keys in and 
adjacent to the State of Florida, designated by the Florida Keys 
National Marine Sanctuary and Protection Act as the Florida Keys 
National Marine Sanctuary (the ``Sanctuary''). This document publishes 
the Designation Document, and summarizes the draft comprehensive 
management plan, for the Sanctuary. The draft management plan details 
the proposed goals and objectives, management responsibilities, 
research activities, interpretive and educational programs, and 
enforcement, including surveillance, activities for the Sanctuary. The 
proposed regulations would implement the comprehensive management plan 
and govern the conduct of activities consistent with the provisions of 
the Designation Document. The intended effect of the Designation 
Document, proposed regulations, and DEIS/MP is to protect the 
conservation, recreational, ecological, historical, research, 
[[Page 16400]] educational, and aesthetic qualities of the Florida Keys 
coastal and ocean waters and the submerged lands thereunder.

DATES: Comments are invited and will be considered if submitted in 
writing to the address below by December 31, 1995.

ADDRESSES: Requests for the above described documents and comments 
should be submitted to the Superintendent, Florida Keys National Marine 
Sanctuary, P.O. Box 500368, Marathon, Florida 33050.

FOR FURTHER INFORMATION CONTACT: Billy Causey, Sanctuary 
Superintendent, 305/743-2437 or Edward Lindelof, Atlantic, Great Lakes 
and Gulf Branch Chief, 301/713-3137 X 131.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Title III of the Marine Protection, Research, and Sanctuaries Act 
of 1972, as amended, 16 U.S.C. 1431 et seq. (the ``MPRSA''), authorizes 
the Secretary of Commerce to designate discrete areas of the marine 
environment as national marine sanctuaries to protect their 
conservation, recreational, ecological, historical, research, 
educational, or aesthetic qualities.
    The Florida Keys National Marine Sanctuary was designated by an act 
of Congress entitled the Florida Keys National Marine Sanctuary and 
Protection Act (FKNMSPA, Pub. L. 101-605) signed into law on November 
16, 1990.
    NOAA held six public scoping meetings during the months of April 
and May, 1991, to solicit public comments on the proposed management of 
the Sanctuary: Key Largo on April 10th, Miami on April 11th, Marathon 
on April 15th, and Key West on April 16th, Key Largo on April 17, and 
Washington, D.C. on May 6. Notice of the scoping meetings was published 
in local newspapers. NOAA invited all interested persons to attend, and 
asked those attending the meeting to comment on readily identifiable 
issues, suggest additional issues for examination, and provide 
information useful in managing the Sanctuary.
    The authority of the Secretary to designate national marine 
sanctuaries was delegated to the Under Secretary of Commerce for Oceans 
and Atmosphere by the Department of Commerce, Organization Order 10-15, 
section 3.01(z) (Jan. 11, 1988). The authority to administer the other 
provisions of the Act was delegated to the Assistant Administrator for 
Ocean Services and Coastal Zone Management of NOAA by NOAA Circular 83-
38, Directive 05-50 (Sept. 21, 1983, as amended).
    Holders of, owners of, or future applicants for leases, permits, 
licenses, approvals, other authorizations, or rights of subsistence use 
of, or access to, Sanctuary resources, are specifically invited to 
comment on how they may be affected by the designation of the Sanctuary 
and particularly sections 929.14-929.16 of the proposed regulations.
    Comments are also specifically sought on the adequacy of the 
regulatory regime to protect Sanctuary resources and qualities.
    After the comments received during the comment period have been 
considered, a final environmental impact statement and management plan 
will be prepared, and final regulations implementing the comprehensive 
management plan will be published in the Federal Register. The 
designation document, management plan, and regulations will become 
final and take effect at the close of a 45-day Congressional review 
period unless a joint resolution disapproving any of the terms of 
designation is enacted, in which case only the terms not disapproved 
will take effect, or the Governor of the State of Florida certifies to 
the Secretary of Commerce that the designation or any of its terms is 
unacceptable, in which case the designation or the unacceptable terms 
will not take effect in the area of the Sanctuary lying within the 
seaward boundary of the State. A document will be published in the 
Federal Register announcing the effective date.

II. Summary of Draft Environmental Impact Statement/Management Plan

    The DEIS/MP for the Florida Keys National Marine Sanctuary sets 
forth the Sanctuary's location and provides details on the most 
important resources and uses of the Sanctuary. The DEIS/MP describes 
the resource protection, research, education and interpretive programs, 
and details the specific activities to be conducted in each program. 
The DEIS/MP includes a detailed discussion, by program area, of agency 
roles and responsibilities. The proposed goals and objectives for the 
Sanctuary are: (1) Enhance resource protection through comprehensive 
and coordinated conservation and ecosystem management that complements 
existing regulatory authorities; (2) support, promote, and coordinate 
scientific research on, and monitoring of, the site-specific marine 
resources to improve management decision-making in national marine 
sanctuaries; (3) enhance public awareness, understanding, and the wise 
use of the marine environment through public interpretive, educational, 
and recreational programs, and (4) facilitate, to the extent compatible 
with the primary objective of resource protection, multiple uses of the 
Sanctuary.

A. Resource Protection

    The highest priority management goal is to protect the marine 
environment, resources, and qualities of the Sanctuary. The specific 
objectives of protection efforts are to: (1) Reduce threats to 
Sanctuary resources; (2) encourage participation by interested agencies 
and organizations in the development of procedures to address specific 
management concerns (e.g., monitoring and emergency-response programs); 
(3) develop an effective and coordinated program for the enforcement of 
Sanctuary regulations in addition to other regulations already in 
place; (4) promote public awareness of, and voluntary compliance with, 
Sanctuary regulations and objectives through an educational/
interpretive program stressing resource sensitivity and wise use; (5) 
ensure that the water quality of the Florida Keys is maintained at a 
level consistent with the purposes of Sanctuary designation; (6) 
establish cooperative agreements and other mechanisms for coordination 
among all the agencies participating in Sanctuary management; (7) 
ensure that the appropriate management agencies incorporate research 
results and scientific data into effective resource protection 
strategies; and (8) coordinate policies and procedures among the 
agencies sharing responsibility for protection and management of 
resources.

B. Research Program

    Effective management of the Sanctuary requires the conduct of a 
Sanctuary research program. The purpose of Sanctuary research is to 
improve understanding of the Florida Keys' coastal and offshore 
environment, resources, and qualities, and to resolve specific 
management problems. Some of these management problems involve 
resources common to coastal and offshore waters, and nearby Federal, 
State, and local refuges and reserves. Research results will both 
support management efforts to protect Sanctuary resources and 
qualities, and be incorporated into interpretative programs for 
visitors and others interested in the Sanctuary.
    Specific objectives for the research program are to: (1) establish 
a framework and procedures for administering research to ensure that 
[[Page 16401]] research projects are responsive to management concerns 
and that results contribute to improved management of the Sanctuary; 
(2) focus and coordinate data collection efforts on the physical, 
chemical, geological, and biological oceanography of the Sanctuary; (3) 
encourage studies that integrate research from the variety of coastal 
habitats with nearshore and open ocean processes; (4) initiate a 
monitoring program to assess environmental changes as they occur due to 
natural and human processes; (5) identify the range of effects on the 
environment that would result from predicted changes in human activity 
or natural phenomena; (6) encourage information exchange and 
cooperation among all the organizations and agencies undertaking 
management-related research in the Sanctuary to promote more informed 
management; and (7) incorporate research results into the interpretive/
education program in a format useful for the general public.

C. Education

    The goal for the Sanctuary education program is to improve public 
awareness and understanding of the significance of the Sanctuary and 
the need to protect its resources and qualities.
    The management objectives designed to meet this goal are to: (1) 
Provide the public with information on the Sanctuary and its goals and 
objectives, with an emphasis on the need to use Sanctuary resources and 
qualities wisely to ensure their long-term viability; (2) broaden 
support for Sanctuary management by offering programs suited to 
visitors with a diverse range of interests; (3) provide for public 
involvement by encouraging feedback on the effectiveness of education 
programs, collaboration with Sanctuary management staff in extension 
and outreach programs, and participation in other volunteer programs; 
and (4) collaborate with other organizations to provide educational 
services complementary to the Sanctuary program.

D. Visitor Use

    The Sanctuary goal for visitor use management is to facilitate, to 
the extent compatible with the primary objective of resource 
protection, public and private uses of the resources of the Sanctuary 
not prohibited pursuant to other authorities.
    Specific management objectives are to: (1) Provide relevant 
information about Sanctuary regulations, use policies, and standards; 
(2) collaborate with public and private organizations in promoting 
compatible uses of the Sanctuary; (3) encourage the public who use the 
Sanctuary to respect sensitive Sanctuary resources and qualities; and 
(4) monitor and assess the levels of use to identify and control 
potential degradation of resources and qualities, and minimize 
potential user conflicts.
    The Sanctuary would be managed from a headquarters facility located 
in the Florida Keys region.

III. Designation Document

    Section 304(a)(4) of the MPRSA requires that the Terms of 
Designation include the geographic area included within the Sanctuary; 
the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value; and the types of activities that will be subject to 
regulation by the Secretary to protect these characteristics. Section 
304(a)(4) also specifies that the terms of designation may be modified 
only by the same procedures by which the original designation was made. 
Thus the terms of designation serve as a constitution for the 
Sanctuary.

Designation Document for the Florida Keys National Marine Sanctuary

    On November 16, 1990, the Florida Keys National Marine Sanctuary 
and Protection Act (FKNMSPA), Public Law 101-605, set out as a note to 
16 U.S.C. 1433, was signed into law. The Florida Keys National Marine 
Sanctuary and Protection Act designated an area of waters and submerged 
lands, including the living and nonliving resources within those 
waters, as described in section 5 of the FKNMSPA, as the Florida Keys 
National Marine Sanctuary.

Article I. Effect of Designation

    Title III of the Marine Protection, Research, and Sanctuaries Act 
of 1972 as amended (the ``MPRSA''), 16 U.S.C. 1431 et seq., authorizes 
the issuance of such regulations as are necessary and reasonable to 
implement the designation, including managing and protecting the 
conservation, recreational, ecological, historical, research, 
educational and esthetic resources and qualities of the Florida Keys 
National Marine Sanctuary. Section 1 of Article IV of this Designation 
Document lists activities of the type that will be regulated initially, 
or may be subject to regulated subsequent regulation in order to 
protect Sanctuary resources and qualities. Such listing does not 
necessarily mean that a type of activity will be regulated; however, if 
a type of activity is not listed it may not be regulated, except on an 
emergency basis, unless Section 1 of Article IV is amended to include 
the type of activity by the procedures outlined in section 304(a) of 
the MPRSA.

Article II. Description of the Area

    The Florida Keys National Marine Sanctuary boundary encompasses 
approximately 2,800 square nautical miles (9,500 square kilometers) of 
coastal and oceanic waters, and the submerged lands thereunder, 
surrounding the Florida Keys in and adjacent to the State of Florida. 
The Sanctuary boundary extends from the northeasternmost point of 
Biscayne National Park out to the Dry Tortugas, a linear distance of 
approximately 320 kilometers. The boundary on the Atlantic Ocean side 
of the Florida Keys runs south from Biscayne National Park following 
approximately the 300-foot isobath, which curves in a southwesterly 
direction along the Florida Keys archipelago ending at the Dry 
Tortugas. The boundary on the Gulf of Mexico-side of the Florida Keys 
runs in an easterly direction from the Dry Tortugas paralleling the 
Florida Keys, approximately five miles to the north, and then follows 
the Everglades National Park boundary until Division Point at which 
time the boundary follows the western shore of Manatee Bay, Barnes 
Sound, and Card Sound. The boundary then follows the southern boundary 
of Biscayne National Park and up its eastern boundary until its 
northeasternmost point.
    The shoreward boundary of the Sanctuary is the mean high-water 
mark. The Sanctuary boundary encompasses all of the Florida coral reef 
tract, all of the mangrove islands of the Florida Keys, and some of the 
seagrass meadows of Florida Bay. The precise boundary of the Sanctuary 
is set forth at the end of this Designation Document.

Article III. Characteristics of the Area that Give it Particular Value

    The Florida Keys are a limestone island archipelago extending 
southwest over 320 kilometers from the southern tip of the Florida 
mainland. The Keys are located at the southern edge of the Floridian 
Plateau, a large carbonate platform made of a depth of up to 7,000 
meters of marine sediments, which have been accumulating for 150 
million years and have been structurally modified by subsidence and sea 
level fluctuation. The Keys region is generally divided into five 
distinct areas: the Florida reef tract, one of the world's largest 
coral reef tracts and the only barrier reef in the United States; 
Florida Bay, described as an active lime-mud factory because of the 
high carbonate content of the silts and muds; the Southwest 
[[Page 16402]] Continental Shelf; the Straits of Florida; and the Keys 
themselves.
    The 2.4 million-acre Sanctuary contains one of North America's most 
diverse assemblages of estuarine and marine fauna and flora, including, 
in addition to the Florida reef tract, thousands of patch reefs, one of 
the world's largest seagrass communities covering 1.4 million acres, 
mangrove-fringed shorelines, mangrove islands, and various hardbottom 
habitats. These diverse habitats provide shelter and food for thousands 
of species of marine plants and animals, including over 50 species of 
animals identified by either Federal or State law as endangered or 
threatened. Federal, State, local, and private organizations currently 
protect, preserve and set regulations at 121 sites throughout the Keys, 
covering approximately 2.0 million acres.
    The Keys were at one time a major seafaring center for European and 
American trade routes in the Caribbean, and submerged cultural and 
historic resources (i.e., shipwrecks) abound in the surrounding waters. 
In addition, the Sanctuary may contain substantial archaeological 
resources of pre-European cultures.
    The uniqueness of the marine environment draws multitudes of 
visitors to the Keys. The major industry in the Florida Keys is 
tourism, including activities related to the Keys' marine resources, 
such as dive shops, charter fishing and dive boats and marinas, as well 
as hotels and restaurants. The abundance of the resources also supports 
a large commercial fishing employment sector.
    The number of visitors to the Keys grows each year, with a 
concomitant increase in the number of residents, homes, jobs, and 
businesses. As population grows and the Keys accommodate ever-
increasing resource-use pressures, the quality and quantity of 
Sanctuary resources are increasingly threatened. These pressures 
require coordinated and comprehensive management, monitoring and 
research of the Florida Keys' region.

Article IV. Scope of Regulations

Section 1. Activities Subject to Regulation
    In order to protect the characteristics and values of the Sanctuary 
described above, all activities adversely affecting the resources or 
property of the Sanctuary, whether individually or cumulatively, or 
that pose harm to users of the Sanctuary are subject to regulation, 
including regulation of method, location and times of conducting the 
activity, assessment of fees for conducting the activity, and 
prohibition of the activity, either throughout the entire Sanctuary 
(including both land and water areas), after public notice and an 
opportunity for comment, or within identified portions of the Sanctuary 
or in areas adjacent to the Sanctuary to the extent necessary and 
reasonable to ensure the protection and management of the conservation, 
recreational, ecological, historical, research, educational or esthetic 
resources and qualities of the area. Such activities include, but are 
not limited to:
    a. Discharging or depositing, from within or from beyond the 
boundary of the Sanctuary, any material or other matter, including 
aerially-sprayed pesticides, that enters or could enter the Sanctuary; 
and reporting of discharges or deposits, from within or from beyond the 
boundary of the Sanctuary, any material or other matter, including 
aerially-sprayed pesticides, that enters or could enter the Sanctuary;
    b. Exploring for, developing, or producing oil, gas or minerals 
(e.g., clay, stone, sand, gravel, metalliferous ores and 
nonmetalliferous ores or any other solid material or other matter of 
commercial value) in the Sanctuary;
    c. Drilling into, dredging or otherwise altering the seabed of the 
Sanctuary; or constructing, placing or abandoning any structure, 
material or other matter on the seabed of the Sanctuary;
    d. Taking, removing, moving, catching, collecting, harvesting, 
feeding, injuring, destroying or causing the loss of, or attempting to 
take, remove, move, catch, collect, harvest, feed, injure, destroy or 
cause the loss of a marine mammal, marine reptile, seabird, historical 
resource or other Sanctuary resource;
    e. Touching with any part of the body, climbing on, taking, 
removing, moving, catching, collecting, harvesting, injuring, 
destroying or causing the loss of, or attempting to take, remove, move, 
catch, collect, harvest, feed, injure, destroy or cause the loss of 
living or dead coral;
    f. Possessing within the Sanctuary a Sanctuary resource or any 
other resource, regardless of where taken, removed, moved, caught, 
collected or harvested, that, if it had been found within the 
Sanctuary, would be a Sanctuary resource;
    g. Operation of a vessel (i.e., watercraft of any description), 
including but not limited to anchoring or otherwise mooring a vessel; 
and all activities necessary for vessel operation or maintenance, such 
as pump-out of sanitary wastes and refueling, in the Sanctuary or any 
part thereof or in marinas or at docks within or adjacent to the 
Sanctuary;
    h. Removal of vessels grounded, lodged, stuck or otherwise perched 
on coral reefs or other Sanctuary resources; and removal from any 
location within the Sanctuary and disposal of derelict or abandoned 
vessels or other vessels for which ownership cannot be determined or 
for which owner takes no action for removal or disposal; and salvaging 
and towing of abandoned or disabled vessels or of vessels otherwise 
needing salvaging and towing;
    i. Possessing or using within the Sanctuary or any part thereof, 
any fishing gear, trap, device, equipment or means, whether regulated 
based on method or based on quantity of fish present or quantity of 
fish caught in identified fisheries; and providing information to 
Federal, State, and local officials within the Sanctuary and adjacent 
to the Sanctuary about the quantity and type of fish and other living 
Sanctuary resources caught during any vessel travel;
    j. Possessing or using explosives or air guns or releasing 
electrical charges or substances poisonous or toxic to fish and other 
living resources within the Sanctuary boundary or adjacent to the 
Sanctuary boundary;
    k. Stocking or release of native or exotic species;
    l. Harvesting or otherwise taking sponges;
    m. Removal and disposal of lost or out-of-season gear discovered 
within the Sanctuary boundary;
    n. Development or conduct in the Sanctuary of mariculture 
activities;
    o. Flying a motorized aircraft above the Sanctuary;
    p. Construction, alteration, repair or other work on docks and 
marinas;
    q. Activities or situations on land that may result in water 
quality degradation, including but not limited to:
    1. Dredging and filling, particularly of wetlands;
    2. Construction activities;
    3. Use and management of hazardous chemicals, including, but not 
limited to, pesticides, fertilizers, and motor oil;
    4. Waste disposal and discharge on land; and
    5. Water quality in basins and canals; and
    r. Interfering with, obstructing, delaying or preventing an 
investigation, search, seizure or disposition of seized property in 
connection with enforcement of the Act or any regulation or permit 
issued under the Act.
Section 2. Emergencies
    Where necessary to prevent or minimize the destruction of, loss of, 
or [[Page 16403]] injury to a Sanctuary resource or quality; or 
minimize the imminent risk of such destruction, loss or injury, any 
activity, including any not listed in section 1 of this article, is 
subject to immediate temporary regulation, including prohibition.

Article V. Effect on Leases, Permits, Licenses, and Rights

    If any valid law or regulation issued by any Federal, State or 
local authority of competent jurisdiction, regardless of when issued, 
conflicts with a Sanctuary regulation, the regulation deemed by the 
Director, Office of Ocean and Coastal Resource Management, National 
Oceanic and Atmospheric Administration, or his or her designee to be 
more protective of Sanctuary resources and qualities shall govern.
    Pursuant to section 304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), no 
valid lease, permit, license, approval or other authorization issued by 
any Federal, State, or local authority of competent jurisdiction, or 
any right of subsistence use or access, may be terminated by the 
Secretary of Commerce, or his or her designee, as a result of this 
designation, or as a result of any Sanctuary regulation, if such 
authorization or right was in existence on the effective date of 
Sanctuary designation (November 16, 1990). However, the Secretary of 
Commerce or designee may regulate the exercise (including, but not 
limited to, the imposition of terms and conditions) of such 
authorization or right consistent with the purposes for which the 
Sanctuary is designated.
    In no event may the Secretary or designee issue a permit 
authorizing, or otherwise approving: (1) The exploration for, leasing 
of, development of, or production of minerals or hydrocarbons within 
the Sanctuary; or (2) the disposal of dredged material within the 
Sanctuary, or the discharge of untreated or primary treated sewage 
(except by a certification, pursuant to Section 940.10, of valid 
authorizations in existence on the effective date of Sanctuary 
designation). Any purported authorizations issued by other authorities 
after the effective date of Sanctuary designation for any of these 
activities within the Sanctuary shall be invalid.

Article VI. Alteration of this Designation

    The terms of designation, as defined under Section 304(a) of the 
MPRSA, may be modified only by the procedures outlined in such section, 
including public hearings, consultation with interested Federal, State, 
and local agencies, review by the appropriate Congressional committees, 
and the Governor of the State of Florida, and approval by the Secretary 
of Commerce or designee.

Florida Keys National Marine Sanctuary Boundary Coordinates (based on 
North American datum of 1983.)

    The boundary of the Florida Keys National Marine Sanctuary
    (a) Begins at the northeasternmost point of Biscayne National Park 
located at approximately 25 degrees 39 minutes north latitude, 80 
degrees 5 minutes west longitude, then runs eastward to the 300-foot 
isobath located at approximately 25 degrees 39 minutes north latitude, 
80 degrees 4 minutes west longitude;
    (b) Then runs southward and connects in succession the points at 
the following coordinates:
    (i) 25 degrees 34 minutes north latitude, 80 degrees 4 minutes west 
longitude,
    (ii) 25 degrees 28 minutes north latitude, 80 degrees 5 minutes 
west longitude, and
    (iii) 25 degrees 21 minutes north latitude, 80 degrees 7 minutes 
west longitude;
    (iv) 25 degrees 16 minutes north latitude, 80 degrees 8 minutes 
west longitude;
    (c) Then runs southwesterly approximating the 300-foot isobath and 
connects in succession the points at the following coordinates:
    (i) 25 degrees 7 minutes north latitude, 80 degrees 13 minutes west 
longitude,
    (ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes 
west longitude,
    (iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes 
west longitude,
    (iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes 
west longitude,
    (v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes 
west longitude,
    (vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes 
west longitude,
    (vii) 24 degrees 37 minutes north latitude, 83 degrees 6 minutes 
west longitude,
    (viii) 24 degrees 40 minutes north latitude, 83 degrees 6 minutes 
west longitude,
    (ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes 
west longitude,
    (x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes 
west longitude,
    (xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes 
west longitude, and
    (xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes 
west longitude;
    (d) Then follows the boundary of Everglades National Park in a 
southerly then northeasterly direction through Florida Bay, Buttonwood 
Sound, Tarpon Basin, and Blackwater Sound;
    (e) After Division Point, then departs from the boundary of 
Everglades National Park and follows the western shoreline of Manatee 
Bay, Barnes Sound, and Card Sound;
    (f) Then follows the southern boundary of Biscayne National Park to 
the southeasternmost point of Biscayne National Park; and
    (g) Then follows the eastern boundary of Biscayne National Park to 
the beginning point specified in paragraph (a).

IV. Summary of Proposed Regulations

    Two sets of existing regulations will be eliminated and replaced by 
the proposed rule. Specifically, parts 929 and 937 to title 15, Code of 
Federal Regulations, implementing the Key Largo and Looe Key 
sanctuaries, respectively, will be removed and replaced by the proposed 
revision to part 929. Pursuant to section 5 of the Florida Keys 
National Marine Sanctuary and Protection Act, the existing Key Largo 
and Looe Key National Marine Sanctuaries will be incorporated into the 
Florida Keys National Marine Sanctuary.
    The proposed regulations set forth the boundary of the Sanctuary; 
prohibit a range of activities generally and within specific Sanctuary 
zones; establish procedures for applying for National Marine Sanctuary 
permits to conduct otherwise prohibited activities, establish 
procedures for applying for Special Use permits; establish 
certification procedures for existing leases, licenses, permits, 
approvals, other authorizations, or rights authorizing the conduct of a 
prohibited activity; establish notification procedures for applications 
for leases, licenses, permits, approvals, or other authorizations to 
conduct a prohibited activity; set forth the maximum per-day penalties 
for violating Sanctuary regulations; and establish procedures for 
administrative appeals.
    Section 929.1 sets forth as the purpose of the regulations to 
implement the designation and comprehensive management plan for the 
Florida Keys National Marine Sanctuary by regulating activities 
affecting the Sanctuary in order to protect, preserve and manage the 
conservation, ecological, recreational, research, educational, 
[[Page 16404]] historical and aesthetic resources and qualities of the 
area.
    Section 929.2 and appendix I following Sec. 929.16 describe the 
boundary of the Sanctuary as established by Section 5 of the Florida 
Keys National Marine Sanctuary and Protection Act.
    Section 929.3 defines various terms used in the regulations. Other 
terms appearing in the regulations are defined at 15 CFR 922.2 and/or 
in the NMSA.
    Section 929.4 allows all activities except those prohibited by 
Sec. 929.5 or by Sec. 929.6 to be conducted subject to all applicable 
access and use restrictions imposed within Sanctuary zones pursuant to 
Sec. 929.6, subject to all prohibitions, restrictions and conditions 
validly imposed by any other Federal, State, or local authority of 
competent jurisdiction, subject to any emergency regulations 
promulgated pursuant to Sec. 929.7, and subject to the liability 
established by Section 312 of the NMSA. This section is intended to 
assure that activities other than those prohibited or otherwise 
restricted or conditioned pursuant to this part, or pursuant to any 
other Federal, State, or local authority of competent jurisdiction, are 
allowed within the Sanctuary. Accordingly, such provision for allowed 
activities is not intended to preempt other, more protective, 
regulatory provisions imposed by any other Federal, State or local 
authority of competent jurisdiction.
    Section 929.5 prohibits a variety of activities and thus makes it 
unlawful for any person to conduct them or cause them to be conducted. 
However, any of the prohibited activities except for: (1) The 
exploration for, leasing, development or production of minerals or 
hydrocarbons within the Sanctuary, or (2) the disposal of dredged 
material or primary (or untreated) sewage within the Sanctuary (except 
by a certification, pursuant to Sec. 929.14, of valid authorizations in 
existence on the effective date of Sanctuary designation) could be 
conducted lawfully if one of the following three (3) situations 
applies:
    (1) The activity is necessary to respond to an emergency 
threatening life or the environment.
    (2) The activity is specifically authorized by, and conducted in 
accordance with the scope, purpose, terms and conditions of: a National 
Marine Sanctuary permit issued under Sec. 929.10; or a National Marine 
Sanctuary Historical Resources permit issued under Sec. 929.11.
    (3) The activity is specifically authorized by a valid lease, 
permit, license, approval or other authorization issued by any Federal, 
State or local authority of competent jurisdiction in existence on (or 
conducted pursuant to any valid right of subsistent use or access in 
existence on) the effective date of the Sanctuary designation, provided 
that the Director of the Office of Ocean and Coastal Resource 
Management (hereinafter the Director) was notified of the existence of 
such authorization or right and the holder requests certification by 
the Director or designee pursuant to Sec. 929.14, the holder complies 
with the requirements of Sec. 929.14, and the holder complies with any 
terms and conditions on the exercise of such authorization the Director 
or designee imposes as a condition of certification to achieve the 
purposes for which the Sanctuary was designated.
    (4) The activity is specifically authorized by a valid lease, 
permit, license or approval or other authorization issued after the 
effective date of the Sanctuary designation by any Federal, State or 
local authority of competent jurisdiction, provided that the Director 
or designee was notified of the application in accordance with the 
requirements of Sec. 929.15, the applicant complies with the 
requirements of Sec. 919.15, the Director or designee notifies the 
applicant or authorizing agency that he or she does not object to 
issuance of the authorization, and the applicant complies with any 
terms and conditions the Director or designee deems reasonably 
necessary to protect Sanctuary resources and qualities.
    The first activity prohibited is exploring for, developing, or 
producing minerals or hydrocarbons within the Sanctuary. This 
prohibition is based on best available scientific information which 
establishes that the Sanctuary's significant natural resources and 
qualities are especially sensitive to potential impacts from outer 
continental shelf minerals or hydrocarbon activities and should be 
protected. Specifically, the corals, seagrasses, and mangroves of the 
Florida Keys and the Sanctuary's high water quality are especially 
vulnerable to oil and gas activities in the area. A prohibition on oil 
and gas activities within the Sanctuary boundary would help protect the 
Sanctuary's resources and qualities. A prohibition on mineral 
activities within the Sanctuary is necessary to protect Sanctuary 
resources and qualities, consistent with the prohibition on drilling 
into, dredging or otherwise altering the seabed discussed below.
    The second activity prohibited is the removal of, injury to, or 
possession of coral or live rock. The intent of this prohibition is to 
conserve the coral reefs, to protect the biodiversity of the Sanctuary, 
to protect the habitats of commercially and ecologically important 
species, and to preserve the natural functional aspects of the 
ecosystem.
    The third activity prohibited is the alteration of, or construction 
on the seabed. This prohibition includes the use of propeller wash 
deflectors. The intent of this prohibition is to protect the resources 
of the Sanctuary, such as seagrasses, from the harmful effects of 
activities such as, but not limited to, treasure hunting, drilling into 
the seabed, mining, ocean mineral extraction, and dumping of dredge 
spoils.
    The fourth activity prohibited is the discharging or depositing of 
materials or other matter. The intent of this prohibition is to protect 
the Sanctuary resources and qualities against the harmful effects of 
land based and vessel source pollution, to reduce and prevent 
contamination by marine debris and related impacts associated with 
pollution of the marine environment of the Sanctuary.
    The fifth activity prohibited is the operation of: (1) A tank 
vessel or a vessel greater than 50 meters in registered length in an 
area to be avoided (ATBA); or (2) any vessel in a manner that is either 
dangerous to people or harms Sanctuary resources. The boundary 
coordinates for the ATBAs are listed in Appendix VII to part 929. The 
prohibition is designed to prevent vessel groundings on the coral reef, 
and thus to minimize the risk of extensive physical damage, spills and 
associated, possibly irreparable, injury to Sanctuary resources likely 
to result from a grounding of a large vessel and tank vessel. This 
prohibition further is intended to prevent injury to Sanctuary 
resources, prevent injury to humans (e.g., divers and swimmers), and to 
reduce shoreline erosion.
    The sixth activity prohibited is diving without a red and white 
``divers down'' flag or a blue and white ``alpha'' flag in Federal 
waters. The intent of this prohibition is to prevent injury to humans 
and thereby facilitate safe, multiple use of the Sanctuary.
    The seventh activity prohibited is the release of exotic species. 
Exotic species can permanently alter an ecosystem by out competing 
indigenous species, preying on indigenous species, etc. The intent of 
this prohibition is to prevent injury to Sanctuary resources, to 
protect the biodiversity of the Sanctuary, and to preserve the natural 
functional aspects of the ecosystem.
    The eighth activity prohibited is the tampering with official signs 
or markers [[Page 16405]] or navigational aids. The intent of this 
prohibition is to prevent injury to Sanctuary resources, primarily 
corals and seagrasses, and to prevent injury to humans.
    The ninth activity prohibited is the removing or injuring Sanctuary 
historical resources. Submerged historical resources constitute 
important, irreplaceable, public resources of the Sanctuary because 
they contain important information about human history and culture. 
This prohibition is designed to protect these resources so that they 
may be researched, and information about their contents and type made 
available for the benefit of the public. This prohibition does not 
apply to accidental moving, possession, or injury during normal fishing 
operations.
    The tenth activity prohibited is taking or possessing protected 
wildlife. The Sanctuary is an important staging area, breeding area, 
and feeding area for a variety of wildlife, including a number of 
endangered and threatened species. The intent of this prohibition is to 
protect Sanctuary resources and endangered and/or threatened species.
    The eleventh activity prohibited is the possession or use of 
explosives and electrical discharges. The intent of this prohibition is 
to prevent injury to Sanctuary resources or to humans.
    The twelfth activity prohibited is interfering with law enforcement 
officers. The intent of this prohibition is to prevent the obstruction 
of justice.
    Section 929.5(b) regulates the taking or landing of marine life 
species, in accordance with the Marine Life rule of the Florida 
Administrative Code reproduced in Appendix VIII to this part. The 
intent of this regulation is to protect Sanctuary resources and 
biodiversity by adopting relevant portions of the Florida Marine Life 
rule as a uniform regulation to be applied throughout the (federal and 
state) waters of the Sanctuary.
    Section 929.6 establishes five types of water use zones within the 
Sanctuary, the prohibitions applicable to uses within such zones, and 
the regulations governing access to, and use of, the resources of such 
zones. The five zone types are: Existing Management Areas; Wildlife 
Management Areas; Sanctuary Preservation Areas; Replenishment Reserves 
and Special Use Areas. The proposed location of these zones is 
specified in Appendices II, III, IV, V and VI to this part, 
respectively, corresponding to the five zone types stated above. The 
intent of the zoning regulations is to protect Sanctuary resources and 
biodiversity, and provide for effective management and facilitation of 
multiple, compatible uses, consistent with the purposes of the 
Sanctuary designation.
    Section 929.6(a) provides that the regulations applicable to the 
conduct of activities within any of the five types of Sanctuary zones 
are in addition to the general prohibitions set forth in paragraphs (a) 
and (b) of Sec. 929.5. Activities conducted in those areas of the 
Sanctuary that are located in two or more overlapping zones shall be 
concurrently subject to the regulations applicable to each such 
overlapping zone.
    Section 929.6 identifies certain Existing Management Areas which 
are listed in Appendix II to part 929. Existing Management Areas are 
existing Federal, State or local resource management areas subject to 
the continuing management and control of another agency, 
notwithstanding the exercise of concurrent authority by the Assistant 
Administrator in accordance with this part. To the extent possible, 
consistent with the purposes for which the Sanctuary was designated, 
the regulations applicable to Existing Management Areas shall be 
applied in a manner that is compatible with such existing management 
authorities. Identification of the Key Largo and Looe Key Existing 
Management Areas constitutes recognition of these areas as pre-existing 
National Marine Sanctuaries that were subject to the management and 
control of the Assistant Administrator prior to Sanctuary designation, 
and for which continuing regulation as Existing Management Areas will 
serve to maintain, to the extent possible, a level of management and 
control of uses in such areas that is at least as protective of 
Sanctuary resources and qualities as that provided by their former 
status as discrete National Marine Sanctuaries.
    Section 929.6(b)(2) further prohibits the operation of personal 
watercraft, airboats or water skiing within the Great White Heron or 
Key West National Wildlife Existing Management Areas. The intent of 
this prohibition is to protect Sanctuary resources and qualities 
through coordination with the U.S. Fish and Wildlife Service in a 
manner that recognizes and complements the existing management of these 
areas as components of the National Wildlife Refuge System.
    Section 929.6(c) sets forth the rules governing access to, and use 
of, the Wildlife Management Areas described in Appendix III to part 
929. Specifically, access and use restrictions may include the 
designation of any such zones as an ``idle/no-wake speed'', a ``no 
motor'' or a ``no access buffer'' areas. The Director or designee, in 
cooperation with other Federal, State, or local resource management 
authorities, as appropriate, shall effect such designation by posting 
official signs conspicuously, using mounting posts, buoys, or other 
means according to location and purpose, at appropriate intervals and 
locations. The intent of these rules is to protect Sanctuary wildlife 
resources from injury or harmful disturbance within sensitive areas and 
habitats of the Sanctuary.
    Section 929.6(d) sets forth prohibitions applicable to activities 
conducted within Sanctuary Preservation Areas and Replenishment 
Reserves. Specific prohibitions include possessing, harvesting or 
otherwise injuring any coral, marine invertebrate, fish, bottom 
formation, algae, seagrass or other living or dead organism in such 
areas; fishing by any means; touching living or dead coral, including 
but not limited to standing on a living or dead coral formation; 
placing anchors so as to touch living or dead coral or any sessile 
organism. Vessels shall use mooring buoys or anchoring areas when such 
facilities or areas have been designated and are available.
    Section 929.6(d) further provides that the Director or designee may 
impose a limited access designation, or temporary area closure, within 
any Sanctuary Preservation Area if the Director determines that such 
action is reasonably necessary to allow for recovery of the living 
resources of such area from the adverse, cumulative effects of 
concentrated use.
    The intent of the establishment of, and regulation of uses within, 
the Sanctuary Preservation Areas is to avoid concentrations of uses 
that could result in significant declines in species populations or 
habitat, to reduce conflicts between uses, to protect areas that are 
critical for sustaining important marine species or habitats, or to 
provide opportunities for scientific research. The intent of the 
establishment of, and iregulation of uses within, the Replenishment 
Reserves is to minimize human influences, to provide natural spawning, 
nursery, and permanent residence areas for the replenishment and 
genetic protection of marine life, and also to protect and preserve 
natural assemblages of habitats and species within areas representing a 
broad diversity of resources and habitats found within the Sanctuary.
    Section 929.6(e) establishes procedures and criteria pursuant to 
which the Director or designee may set aside discrete areas of the 
Sanctuary as Special Use Areas, and designate such areas as ``recovery 
areas'', ``restoration areas'', ``research only areas'' or 
[[Page 16406]] ``facilitated use areas'', as appropriate, to protect 
the Sanctuary resources and qualities and allow for multiple, 
compatible uses within the Sanctuary. Section 929.6(e) further provides 
criteria pursuant to which the Director or designee may issue an 
emergency notice modifying the number, location or designation 
applicable to Special Use Areas if the Director of designee determines 
that such immediate action is reasonably necessary to prevent 
significant injury to Sanctuary resources or to initiate restoration or 
research activities where, due to emergency or unforseen circumstances, 
delay would impair the ability of such activities to succeed.
    Section 929.7 authorizes the regulation, including prohibition, on 
an immediate, temporary basis of any activity where necessary to 
prevent or minimize the destruction of, loss of, or injury to a 
Sanctuary resource or quality, or minimize the imminent risk of such 
destruction, loss or injury.
    Section 929.8 sets forth the maximum statutory civil penalty for 
violating the NMSA, the regulations or any permit issued pursuant 
thereto--$100,000. Each such violation shall be subject to forfeiture 
of property or Sanctuary resources seized in accordance with section 
307 of the NMSA. Each day of a continuing violation constitutes a 
separate violation.
    Section 929.9 repeats the provision in Section 312 of the NMSA that 
any person who destroys, causes the loss of, or injures any Sanctuary 
resource is liable to the United States for response costs, damages and 
interest resulting from such destruction, loss or injury, and any 
vessel used to destroy, cause the loss of, or injure any Sanctuary 
resource is liable in rem to the United States for response costs, 
damages and interest resulting from destruction, loss or injury. The 
purpose of these sections is to notify the public of the liability for 
violating a Sanctuary regulation, a permit issued pursuant thereto or 
the NMSA.
    Regulations setting forth the procedures governing administrative 
proceedings for assessment of civil penalties, permit sanctions and 
denials for enforcement reasons, issuance and use of written warnings, 
and release or forfeiture of seized property appear at 15 CFR part 904.
    Section 929.10 sets forth the procedures for applying for a 
National Marine Sanctuary permit to conduct a prohibited activity and 
the criteria governing the issuance, denial, amendment, suspension and 
revocation of such permits. A permit may be issued by the Director or 
designee if he or she finds that the activity will have only negligible 
short-term adverse effects on Sanctuary resources and qualities and 
will: further research or monitoring related to Sanctuary resources and 
qualities; further the educational, natural or historical resource 
value of the Sanctuary; further salvage or recovery operations in or 
near the Sanctuary in connection with a recent air or marine casualty; 
or assist in managing the Sanctuary. For activities proposed to be 
conducted within Replenisment Reserves or Sanctuary Preservation Areas, 
the Director or designee shall further find that such activities will 
further and are consistent with the purposes for which such zone was 
established. In deciding whether to issue a permit, the Director or 
designee is required to consider such factors as the professional 
qualifications and financial ability of the applicant as related to the 
proposed activity; the duration of the activity and the duration of its 
effects; the appropriateness of the methods and procedures proposed by 
the applicant for the conduct of the activity; the extent to which the 
conduct of the activity may diminish or enhance Sanctuary resources and 
qualities; the indirect, secondary or cumulative effects of the 
activity; and the end value of the activity. In addition, the Director 
or designee is authorized to consider any other factors she or he deems 
appropriate.
    Section 929.11 sets forth the application procedures and issuance 
criteria for National Marine Sanctuary Historical Resources permits to 
conduct specific research activities involving the exploration for, 
recovery of, or transfer of historical Sanctuary resources specified 
under Sec. 929.11 and otherwise prohibited by the regulations. A permit 
may be issued by the Director or designee at his or her discretion in 
accordance with the requirements of Sec. 929.11 and consistent with the 
Programmatic Agreement Among NOAA, the Advisory Council on Historic 
Preservation, and the State of Florida on Submerged Cultural Resources 
(hereinafter SCR Agreement). Recovery of historical resources will only 
be permitted when developed in conjunction with research to preserve 
the historic information for public use. Intrusive research and/or 
recovery will be based upon a balancing of factors and criteria to 
determine whether the goals of preservation, research, education, and 
public access are better served by permitting this type of activity as 
opposed to leaving the historic resources in place.
    Section 929.12 sets forth criteria governing the issuance of 
Special Use permits to conduct concession-type, commercial activities 
within the Sanctuary. In accordance with the provisions of Section 310 
of the NMSA, the Director or designee may require a Special Use permit 
for any such activity if he or she determines such authorization is 
necessary to establish conditions of access to and use of any Sanctuary 
resource, or to promote public use and understanding of any Sanctuary 
resource. No special use permit may be issued unless the activity is 
compatible with the purposes for which the Sanctuary was designated and 
can be conducted in a manner that does not destroy, cause the loss of, 
or injure any Sanctuary resource.
    Applicants for Special Use permits are required to follow the same 
procedures specified for National Marine Sanctuary permits in 
Sec. 929.10 (d) through (g).
    All National Marine Sanctuary, National Marine Sanctuary Historical 
Resources, or Special Use permits are subject to the general permit 
conditions specified in Sec. 929.10(h). With respect to any such 
permit, the Director or designee, at his or her discretion, also may 
impose special permit conditions in accordance with Sec. 929.10(i).
    Section 929.13 provides that any person conducting research in the 
Sanctuary, including such research not involving prohibited activities, 
may voluntarily register with the appropriate Sanctuary field office. 
Upon registration, the Sanctuary office will issue a research flag to 
be used while conducting research within the Sanctuary. Copies of 
research results, abstracts, and reports may be submitted to the 
Sanctuary field office to be retained for Sanctuary management 
purposes, public observation, and peer review.
    Section 929.14 sets forth procedures for requesting certification 
of leases, permits, licenses, approvals, other authorizations or rights 
in existence on the date of Sanctuary designation authorizing the 
conduct of an otherwise prohibited activity. Notwithstanding the 
prohibitions under paragraph (a) of Sec. 929.5 or Sec. 929.6, a person 
may conduct any activity specifically authorized by a valid lease, 
permit, license, approval or other authorization in existence on the 
effective date of Sanctuary designation and issued by any Federal, 
State, or local authority of competent jurisdiction, or by any valid 
right of subsistence use or access in existence on the effective date 
of Sanctuary designation, provided that the holder of such 
authorization or right complies with the requirements of Sec. 929.14 
(e.g., notifies the Director or designee of the 
[[Page 16407]] existence of, requests certification of, and provides 
requested information regarding such authorization or right) and 
complies with any terms and conditions on the exercise of such 
authorization or right imposed by the Director or designee as she or he 
deems reasonably necessary to achieve the purposes for which the 
Sanctuary was designated.
    Section 929.14 allows the holder 90 days from the effective date of 
the proposed Sanctuary regulations in part 929 to request 
certification. The holder is allowed to conduct the activity without 
being in violation of paragraph (a) of Sec. 929.5 or 929.6 pending 
final agency action on his or her certification request, provided the 
holder has complied with all requirements of Sec. 929.14.
    Section 929.14 also allows the Director or designee to request 
additional information from the holder and to seek the views of other 
persons.
    As a condition of certification, the Director or designee will 
impose such terms and conditions on the exercise of such lease, permit, 
license, approval or other authorization or right as she or he deems 
reasonably necessary to achieve the purposes for which the Sanctuary 
was designated. This is consistent with the Secretary's authority under 
Section 304(c)(2) of the NMSA. (Section 929.14 has no application to 
mineral or hydrocarbon activities as there is no existing lease, 
permit, license, approval, other authorization or right for any of 
these activities within the Sanctuary).
    The holder may appeal any action conditioning, amending, suspending 
or revoking any certification in accordance with the procedures set 
forth in Sec. 929.16.
    Any amendment, renewal or extension not in existence as of the date 
of Sanctuary designation of a lease, permit, license, approval, other 
authorization or right is subject to the provisions of Sec. 929.15.
    Section 929.15 provides, consistent with paragraph (f) of 
Sec. 929.5, that notwithstanding the prohibitions under paragraph (a) 
of Sec. 929.5 or Sec. 929.6, a person may conduct any activity 
specifically authorized by any valid lease, permit, license, approval, 
or other authorization issued after the effective date of Sanctuary 
designation by any Federal, State, or local authority of competent 
jurisdiction, provided that the applicant notifies the Director or 
designee of the application for such authorization within 15 days of 
the date of filing of the application or of the efffective date of the 
proposed Sanctuary regulations, whichever is later, that the applicant 
is in compliance with the other provisions in Sec. 929.15, that the 
Director or designee notifies the applicant and authorizing agency that 
he or she does not object to issuance of the authorization, and that 
the applicant complies with any terms and conditions the Director or 
designee deems reasonably necessary to protect Sanctuary resources and 
qualities.
    Section 929.15 allows the Director or designee to request 
additional information from the applicant and to seek the views of 
other persons.
    An application or an amendment to, an extension of, or a renewal of 
an authorization is also subject to the provisions of Sec. 929.15.
    The applicant may appeal any objection by, or terms or conditions 
imposed by, the Director or designee to the Assistant Administrator or 
designee in accordance with the procedures set forth in Sec. 929.16.
    Section 929.16 sets forth the procedures for appealing to the 
Assistant Administrator or designee actions of the Director or designee 
with respect to: (1) the granting, denial, conditioning, amendment, 
suspension or revocation of a National Marine Sanctuary permit under 
Sec. 929.10, a National Marine Sanctuary Historical Resources permit 
under Sec. 929.11, or a Special Use permit under Sec. 929.12 or Section 
310 of the NMSA; (2) the conditioning, amendment, suspension, or 
revocation of a certification under Sec. 929.14; or (3) the objection 
to issuance or the imposition of terms and conditions under 
Sec. 929.15.
    Prior to conditioning the exercise of existing leases, permits, 
licenses, approvals, other authorizations or rights or conditioning or 
objecting to proposed authorizations NOAA intends to consult with 
relevant issuing agencies as well as owners, holders or applicants.

V. Miscellaneous Rulemaking Requirements

Marine Protection, Research, and Sanctuaries Act

    Section 304 of the MPRSA requires the Secretary to submit to the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, on the same day as this notice is 
published, the proposed terms of the designation, the proposed 
regulations, a draft environmental impact statement, and a draft 
management plan detailing the proposed goals and objectives, management 
responsibilities, research activities, interpretive and educational 
programs, and enforcement and surveillance activities, for the area. In 
accordance with Section 304, the required documents are being submitted 
to the specified Congressional Committees.

Executive Order 12866

    Under Executive Order 12866, if the proposed regulations are 
``significant'' as defined in section 3(f) (1), (2), (3) or (4) of the 
Order, an assessment of the potential costs and benefits of the 
regulatory action must be prepared and submitted to the Office of 
Information and Regulatory Affairs (OIRA) of OMB. The Administration of 
NOAA has determined that the proposed regulations are significant. The 
required assessment has been prepared and submitted to OIRA.

Regulatory Flexibility Act

    The regulations proposed in this notice would allow all activities 
to be conducted in the Sanctuary other than those activities that are 
specifically prohibited. The procedures proposed in these regulations 
for applying for National Marine Sanctuary permits to conduct otherwise 
prohibited activities, for requesting certifications for pre-existing 
leases, licenses, permits, approvals, other authorizations or rights 
authorizing the conduct of a prohibited activity, and for notifying 
NOAA of applications for leases, licenses, permits, approvals, or other 
authorizations to conduct a prohibited activity would all act to lessen 
any adverse economic effect on small entities. The proposed 
regulations, in total, if adopted in final form as proposed, are not 
expected to have a significant economic impact on a substantial number 
of small entities, and the General Counsel of the Department of 
Commerce has so certified to the Chief Counsel for Advocacy of the 
Small Business Administration. As a result, an initial Regulatory 
Flexibility Analysis was not prepared.

Paperwork Reduction Act

    This proposed rule contains a collection of information requirement 
subject to the requirements of the Paperwork Reduction Act (Pub. L. 96-
511). The collection of information requirement applies to persons 
seeking permits to conduct otherwise prohibited activities and is 
necessary to determine whether the proposed activities are consistent 
with the management goals for the Sanctuary. The collection of 
information requirement contained in the proposed rule has been 
submitted to the Office of Management and Budget for review under 
section 3504(h) of the [[Page 16408]] Paperwork Reduction Act. The 
public reporting burden per respondent for the collection of 
information contained in this rule is estimated to average 1.65 hours 
annually. This estimate includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Comments from the public on the collection of information requirement 
are specifically invited and should be addressed to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 (Attn: Desk Officer for NOAA); and to Richard 
Roberts, Room 724, 6010 Executive Boulevard, Rockville, MD 20852.

Executive Order 12612

    A Federalism Assessment (FA) was prepared for the proposed 
designation document, draft management plan, and proposed implementing 
regulations. The FA concluded that all would be fully consistent with 
the principles, criteria, and requirements set forth in sections 2 
through 5 of Executive Order 12612, Federalism Considerations in Policy 
Formulation and Implementation (52 FR 41685). Copies of the FA are 
available upon request to the Office of Ocean and Coastal Resource 
Management at the address listed in the address section above.

National Environmental Policy Act

    In accordance with Section 304(a)(2) of the Act (16 U.S.C. 
1434(a)(2)), and the provisions of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321-4370(a)), a Draft Environmental Impact 
Statement (DEIS) has been prepared for the designation and the proposed 
regulations. As required by Section 304(a)(2), the DEIS includes the 
resource assessment report required by section 303(b)(3) of the Act (16 
U.S.C. 1433(b)(3)), maps depicting the boundaries of the designated 
area, and the existing and potential uses and resources of the area. 
Copies of the DEIS are available upon request to the Office of Ocean 
and Coastal Resource Management at the address listed in the address 
section above.

Executive Order 12630

    This proposed rule, if issued in final form as proposed, would not 
have takings implications within the meaning of Executive Order 12630 
because it would not appear to have an effect on private property 
sufficiently severe as effectively to deny economically viable use of 
any distinct legally potential property interest to its owner or to 
have the effect of, or result in, a permanent or temporary physical 
occupation, invasion, or deprivation. While the prohibition on the 
exploration for, development, production of minerals and hydrocarbons 
from the Sanctuary might have a takings implication if it abrogated an 
existing lease for Outer Continental Shelf (OCS) tracts within the 
Sanctuary or an approval of an exploration or development and 
production plan, no OCS leases have been sold for tracts within the 
Sanctuary and no exploration or production and development plans have 
been filed or approved.

List of Subjects in 15 CFR Parts 929 and 937

    Administrative practice and procedure, Coastal zone, Marine 
resources, Penalties, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Research.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: March 13, 1995.
Frank W. Maloney,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.

    Accordingly, for the reasons set forth above, 15 CFR Chapter IX is 
proposed to be amended as follows:

SUBCHAPTER B--OCEAN AND COASTAL RESOURCE MANAGEMENT

    1. Part 929 is revised to read as follows:

PART 929---FLORIDA KEYS NATIONAL MARINE SANCTUARY

Sec.
929.1  Purpose.
929.2  Boundary.
929.3  Definitions.
929.4  Allowed activities.
929.5  Prohibited activities; Sanctuary wide.
929.6  Additional activity regulations by Sanctuary zone.
929.7  Emergency regulations.
929.8  Penalties.
929.9  Response costs and damages.
929.10  National Marine Sanctuary Permits; application procedures 
and issuance criteria.
929.11  National Marine Sanctuary Historical Resources Permits; 
exploration, research/recovery, research/recovery/transfer; 
application procedures and issuance criteria.
929.12  Special Use Permits.
929.13  Sanctuary registry; research notice.
929.14  Certification of pre-existing leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.
929.15  Notification and review of applications for leases, 
licenses, permits, approvals, or other authorizations to conduct a 
prohibited activity.
929.16  Appeals of administrative action.
Appendix I to Part 929--Florida Keys National Marine Sanctuary 
boundary coordinates
Appendix II to Part 929--Existing Management Areas
Appendix III to Part 929--Wildlife Management Areas
Appendix IV to Part 929--Replenishment Reserves
Appendix V to Part 929--Sanctuary Preservation Areas
Appendix VI to Part 929--Special Use Areas
Appendix VII to Part 929--Coordinates for the Area to be Avoided
Appendix VIII to Part 929--Marine Life Rule
    Authority: 16 U.S.C. 1431 et seq.; Pub. L. 101-605, 104 Stat. 
3090-3093.


Sec. 929.1  Purpose.

    The purpose of the regulations in this part is to implement the 
comprehensive management plan for the Florida Keys National Marine 
Sanctuary by regulating activities affecting the resources of the 
Sanctuary or any of the qualities, values, or purposes for which the 
Sanctuary is designated, in order to protect, preserve and manage the 
conservation, ecological, recreational, research, educational, 
historical, and aesthetic resources and qualities of the area. In 
particular, the regulations in this part are intended to protect, 
restore, and enhance the living resources of the Sanctuary, to 
contribute to the maintenance of natural assemblages of living 
resources for future generations, to provide places for species 
dependent on such living resources to survive and propagate, to 
facilitate to the extent compatible with the primary objective of 
resource protection all public and private uses of the resources of the 
Sanctuary not prohibited pursuant to other authorities, to reduce 
conflicts between such compatible uses, and to achieve the other 
policies and purposes of the Florida Keys National Marine Sanctuary and 
Protection Act and the National Marine Sanctuaries Act.


Sec. 929.2  Boundary.

    The Sanctuary consists of all submerged lands and waters from the 
mean high water mark to the boundary described in Appendix I to this 
part, with the exception of areas within the Dry Tortugas National 
Park. Appendix I to this part sets forth the precise Sanctuary boundary 
established by the Florida Keys National Marine Sanctuary and 
Protection Act. (See FKNMSPA section 5 (b)(2)).


Sec. 929.3  Definitions.

    (a) The following definitions apply to this part:
    Acts means the Florida Keys National Marine Sanctuary and 
Protection Act, as amended, (FKNMSPA) (Pub. L. 101-605, 104 Stat. 3090-
3093), and the [[Page 16409]] National Marine Sanctuaries Act (NMSA), 
also known as Title III of the Marine Protection, Research, and 
Sanctuaries Act, as amended, (MPRSA) (16 U.S.C. 1431 et seq.).
    Adverse effect means any factor, force, or action that would 
independently or cumulatively damage, diminish, degrade, impair, 
destroy, or otherwise harm any Sanctuary resource, as defined in 
section 302(8) of the NMSA (16 U.S.C. 1432(8)) and in this Sec. 929.3, 
or any of the qualities, values, or purposes for which the Sanctuary is 
designated.
    Airboat means a vessel operated by means of a motor driven 
propeller that pushes air for momentum.
    Area to be avoided means the area decribed in which vessel 
operations are prohibited pursuant to section 6(a)(1) of the FKNMSPA 
(see Sec. 929.5(a)(1)). Appendix VII to this part sets forth the 
geographic coordinates of the area to be avoided, including any 
modifications thereto made in accordance with section 6(a)(3) of the 
FKNMSPA.
    Assistant Administrator means the Assistant Administrator for Ocean 
Services and Coastal Zone Management, National Ocean Service.
    Director means the Director of the Office of Ocean and Coastal 
Resource Management, National Ocean Service.
    Existing Management Area means a portion of the Sanctuary that is 
within an existing resource management area established by NOAA or by 
another Federal, State, or local authority of competent jurisdiction 
within the Sanctuary and that is identified in Appendix II to this 
Part.
    Exotic species means a species of plant, invertebrate, fish, 
amphibian, reptile or mammal whose natural zoogeographic range would 
not have included the waters of the Atlantic Ocean, Caribbean, or Gulf 
of Mexico without passive or active introduction to such area through 
anthropogenic means.
    Federal Project means any water resources development project 
conducted by the U.S. Army Corps of Engineers or operating under a 
permit or other authorization issued by the Corps of Engineers and 
authorized by Federal law.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
marine animal and plant life other than marine mammals, and birds.
    Fishing means:
    (1)(i) The catching, taking, or harvesting of fish;
    (ii) The attempted catching, taking, or harvesting of fish;
    (iii) Any other activity which can reasonably be expected to result 
in the catching, taking, or harvesting of fish; or
    (iv) Any operations at sea in support of, or in preparation for, 
any activity described in paragraphs (1)(i) through (iii) of this 
definition.
    (2) Such term does not include any scientific research activity 
which is conducted by a scientific research vessel.
    Historical resource means any resource possessing historical, 
cultural, archaeological or paleontological significance, including 
sites, contextual information, structures, districts, and objects 
significantly associated with or representative of earlier people, 
cultures, and human activities and events. Historical resources include 
``submerged cultural resources'', and also include ``historical 
properties'', as defined in the National Historic Preservation Act, as 
amended, and implementing regulations, as amended.
    Idle/no-wake speed means a speed at which a boat is operated that 
is no greater than 4 knots and does not produce a wake.
    Injure means to change adversely, either in the long or short term, 
a chemical, biological, or physical attribute of, or the viability of. 
To ``injure'' therefore includes, but is not limited to, to cause the 
loss of and to destroy.
    Live rock means any living marine organism or an assemblage thereof 
attached to a hard substrate (including dead coral or rock). For 
example, such living marine organisms associated with hard bottoms, 
banks, reefs, and live rock may include, but are not limited to: sea 
anemones (Phylum CNIDARIA: Class Anthozoa: Order Actinaria); sponges 
(Phylum PORIFERA); tube worms (Phylum ANNELIDA), including fan worms, 
feather duster worms, and christmas tree worms; bryozoans (Phylum 
BRYOZOA); sea squirts (Phylum CHORDATA); and marine algae, including 
Mermaid's fan and cups (Udotea spp.), corraline algae, green feather, 
green grape algae (Caulerpa spp.) and watercress (Halimeda spp.). 
Individual mollusk shells (scallops, clams, oysters, etc.) are not 
intended to be included in the definition as hard substrate.
    Marine Life Species means any species of fish, invertebrate, or 
plant included in sections (2), (3), or (4) of Rule 46-42.001, Florida 
Administrative Code, set forth in Appendix VIII to this part.
    Mineral means clay, stone, sand, gravel, metalliferous ore, 
nonmetalliferous ore, or any other non-living solid material or other 
non-living solid matter of commercial value.
    Person means any private individual, partnership, corporation, or 
other entity; or any officer, employee, agent, department, agency, or 
instrumentality of the Federal Government or of any State, regional, or 
local unit of government, or of any foreign government.
    Personal watercraft means any jet and air-powered watercraft 
operated by standing, sitting, or kneeling on or behind the vessel, in 
contrast to a conventional boat, where the operator stands or sits 
inside the vessel, and that uses a two-cycle inboard engine to power a 
water jet pump for propulsion, instead of a propeller as in a 
conventional boat.
    Prop-dredging means the use of a vessel's propulsion wash to dredge 
or otherwise alter the seabed of the Sanctuary, excluding disturbance 
to bottom sediments resulting from normal vessel propulsion. Prop-
dredging includes, but is not limited to, the use of propulsion wash 
deflectors or similar means of dredging or otherwise altering the 
seabed of the Sanctuary.
    Prop-scarring means the injury to seagrasses or other immobile 
organisms attached to the seabed of the Sanctuary caused by operation 
of a vessel in a manner that allows its propeller or other running 
gear, or any part thereof, to cause such injury, excluding minor 
disturbances to bottom sediments or seagrass blades resulting from 
normal vessel propulsion.
    Replenishment Reserve means a Sanctuary zone encompassing an area 
of contiguous, diverse habitats, within which uses are subject to 
conditions, restrictions and prohibitions, including public access 
restrictions, intended to minimize human influences, to provide natural 
spawning, nursery, and permanent residence areas for the replenishment 
and genetic protection of marine life, and also to protect and preserve 
natural assemblages of habitats and species within areas representing a 
broad diversity of resources and habitats found within the Sanctuary.
    Sanctuary means the Florida Keys National Marine Sanctuary.
    Sanctuary Preservation Area means a Sanctuary zone encompassing a 
discrete, biologically important area, within which uses are subject to 
conditions, restrictions and prohibitions, including public access 
restrictions, to avoid concentrations of uses that could result in 
significant declines in species populations or habitat, to reduce 
conflicts between uses, to protect areas that are critical for 
sustaining important marine species or habitats, or to provide 
opportunities for scientific research.
    Sanctuary quality means any of those ambient conditions, physical-
chemical [[Page 16410]] characteristics and natural processes, the 
maintenance of which is essential to the ecological health of the 
Sanctuary, including, but not limited to, water quality, sediment 
quality and air quality.
    Sanctuary resource means any living or non-living resource that 
contributes to the conservation, recreational, ecological, historical, 
research, educational, or aesthetic value of the Sanctuary, including, 
but not limited to, the seabed and substratum, bottom formations, hard 
and soft corals and coralline structures, algae, phytoplankton, 
seagrasses, mangroves and other marine plants, zooplankton, marine 
invertebrates, fish, marine amphibians and reptiles, marine mammals, 
sea birds, and other marine wildlife and their habitats, and historical 
resources.
    Sanctuary wildlife means any species of fauna, including avifauna, 
that occupy or utilize the submerged resources of the Sanctuary as 
nursery areas, feeding grounds, nesting sites, shelter, or other 
habitat during any portion of their life cycles.
    Seagrass means any species of marine angiosperms (flowering plants) 
that inhabit portions of the seabed in the Sanctuary. Those species 
include, but are not limited to: Thalassia testudinum (turtle grass); 
Syringodium filiforme (manatee grass); Halodule wrightii (shoal grass); 
Halophila decipiens, H. engelmannii, H. johnsonii; and Ruppia maritima.
    Taking means:
    (1)(i) For any marine mammal, sea turtle or seabird listed as 
either endangered or threatened pursuant to the Endangered Species Act, 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
collect or injure, or to attempt to engage in any such conduct;
    (ii) For any other marine mammal, sea turtle or seabird, to harass, 
hunt, capture, kill, collect or injure, or to attempt to engage in any 
such conduct.
    (2) For the purpose of both paragraphs (1)(i) and (ii) of this 
definition, the term includes, but is not limited to, collecting any 
dead or injured marine mammal, sea turtle or seabird, or any part 
thereof, no matter how temporarily; tagging any sea turtle, marine 
mammal or seabird; operating a vessel or aircraft or doing any other 
act that results in the disturbing or molesting of any marine mammal, 
sea turtle or seabird.
    Tank vessel means any vessel that is constructed or adapted to 
carry, or that carries, oil or hazardous material in bulk as cargo or 
cargo residue, and that--
    (1) Is a United States flag vessel;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States (46 U.S.C. 2101).
    Traditional fishing means those commercial or recreational fishing 
activities that were customarily conducted within the Sanctuary prior 
to its designation.
    Tropical fish means any species, or part thereof, included in 
section (2) of Rule 46-42.001, Florida Administrative Code, (as set 
forth in Appendix VIII to this part).
    Vessel means a watercraft of any description, including, but not 
limited to, motorized and non-motorized watercraft, personal 
watercraft, airboats, and float planes while manuevering on the water, 
capable of being used as a means of transportation in/on the waters of 
the Sanctuary. For purposes of this part, the terms ``vessel,'' 
``watercraft,'' and ``boat'' are deemed to have the same meaning.
    Wildlife Management Area means a Sanctuary zone established for the 
management, protection, and preservation of Sanctuary wildlife 
resources, including such a zone established for the protection and 
preservation of endangered or threatened species or their habitats, 
within which access is restricted or otherwise regulated to minimize 
disturbances to Sanctuary wildlife; to ensure protection and 
preservation consistent with the Sanctuary designation and other 
applicable law governing the protection and preservation of wildlife 
resources in the Sanctuary.
    (b) Other terms appearing in the regulations in this part are 
defined at 15 CFR 922.2, and/or in the Marine Protection, Research, and 
Sanctuaries Act (MPRSA), as amended, 33 U.S.C. 1401 et seq. and 16 
U.S.C. 1431 et seq.


Sec. 929.4  Allowed activities.

    (a) All activities, except those prohibited pursuant to Sec. 929.5 
or Sec. 929.6, may be conducted subject to all applicable access and 
use restrictions imposed within sanctuary zones pursuant to Sec. 929.6, 
subject to the provisions of Sec. 929.12, subject to all prohibitions, 
restrictions, and conditions validly imposed by any other Federal, 
State or local authority of competent jurisdiction, subject to any 
emergency regulations promulgated pursuant to Sec. 929.7, and subject 
to the liability established by Section 312 of the NMSA (see 
Sec. 929.9).
    (b) Fishing activities may be conducted subject to all applicable 
regulations imposed by Federal and State fishery management authorities 
of competent jurisdiction within the Sanctuary, provided that the 
Assistant Administrator may regulate fishing activities within the 
Sanctuary, pursuant to the procedure set forth in Section 304(a)(5) of 
the NMSA, to the extent such Sanctuary fishing regulations are 
reasonably necessary to fulfill the purposes and policies of the NMSA 
and the goals and objectives of the Sanctuary designation.


Sec. 929.5  Prohibited activities; Sanctuary-wide.

    (a) Except as specified in paragraph (c) of this section, the 
following activities are prohibited and thus are unlawful for any 
person to conduct or cause to be conducted:
    (1) Mineral and hydrocarbon exploration, development and 
production. Exploring for, developing, or producing minerals or 
hydrocarbons within the Sanctuary.
    (2) Removal of, injury to, or possession of coral or live rock.
(i) Moving, removing, taking, harvesting, damaging, disturbing, 
breaking, cutting, or otherwise injuring, or possessing (regardless of 
where taken from) any living or dead coral, or coral formation, or 
attempting any of these activities, except as permitted under 50 CFR 
Part 638.
    (ii) Harvesting, or attempting to harvest, any live rock from the 
Sanctuary, or possessing (regardless of where taken from) any live rock 
within the Sanctuary, except as authorized by a permit for the 
possession or harvest from aquaculture operations in the Exclusive 
Economic Zone, issued by the National Marine Fisheries Service pursuant 
to applicable regulations under the appropriate Fishery Management 
Plan, or as authorized by the applicable state authority of competent 
jurisdiction within the Sanctuary for live rock cultured on state 
submerged lands leased from the State of Florida, pursuant to 
applicable state law. See section 370.027, Florida Statutes and 
implementing regulations.
    (3) Alteration of, or construction on, the seabed. Drilling into, 
dredging, or otherwise altering the seabed of the Sanctuary, or 
engaging in prop-dredging; or constructing, placing or abandoning any 
structure, material, or other matter on the seabed of the Sanctuary, 
except as an incidental result of:
    (i) Anchoring vessels in a manner not otherwise prohibited by this 
part (see paragraph (a)(3)(iii) of this section and 
Sec. 929.6(d)(1)(iv));
    (ii) Traditional fishing activities outside Replenishment Reserves 
or Sanctuary Preservation Areas; [[Page 16411]] 
    (iii) Installation and maintenance of navigational aids by, or 
pursuant to valid authorization by, any Federal, State, or local 
authority of competent jurisdiction;
    (iv) Harbor maintenance in areas necessarily associated with 
Federal Projects in existence on the effective date of Sanctuary 
designation, including maintenance dredging of entrance channels and 
repair, replacement, or rehabilitation of breakwaters or jetties;
    (v) Construction, repair, replacement, or rehabilitation of docks, 
seawalls, breakwaters, or piers authorized by any valid lease, permit, 
license, approval, or other authorization issued by any Federal, State, 
or local authority of competent jurisdiction.
    (4) Discharging or depositing materials or other matter. (i) 
Discharging or depositing, from within the boundary of the Sanctuary, 
any material or other matter, except:
    (A) Fish, fish parts, fish chum or bait that is produced, or used, 
and discarded while conducting a traditional fishing activity in the 
Sanctuary;
    (B) Biodegradable effluent incidental to vessel use and generated 
by a marine sanitation device approved in accordance with Section 312 
of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 
U.S.C. 1322 et seq.;
    (C) Water generated by routine vessel operations (e.g., deck wash 
down and graywater as defined by section 312 of the FWPCA), excluding 
oily wastes from bilge pumping; or
    (D) Cooling water from vessels or engine exhaust.
    (ii) Discharging or depositing, from beyond the boundary of the 
Sanctuary, any material or other matter that subsequently enters the 
Sanctuary and injures a Sanctuary resource or quality, except those 
listed in paragraphs (a)(4)(i)(A) through (D) of this section.
    (iii) Notwithstanding the exceptions contained in paragraphs 
(a)(4)(i)(A) through (D) of this section, discharging or depositing any 
material or other matter, except cooling water or engine exhaust into 
the waters of any Wildlife Management Area, Replenishment Reserve, 
Sanctuary Preservation Area, or Special Use Area.
    (5) Operation of vessels. (i) Operating a tank vessel or a vessel 
greater than 50 meters in registered length in an area to be avoided. 
The prohibition in this subparagraph shall not apply to necessary 
operations of public vessels, defined as operations essential for 
national defense, law enforcement, or responses to emergencies that 
threaten life, property, or the environment.
    (ii) Operating a vessel in such a manner as to strike or otherwise 
injure coral, seagrass, or any other immobile organism attached to the 
seabed, including, but not limited to, operating a vessel in such a 
manner as to cause prop-scarring.
    (iii) Anchoring a vessel on coral, in depths less than 50 feet.
    (iv) Operating a vessel at a speed greater than idle/no-wake speed 
within a residential canal, within 100 yards of the red and white 
``divers down'' flag (or the blue and white ``alpha'' flag in Federal 
waters), or within 200 yards of:
    (A) Residential shorelines;
    (B) Mangrove fringed islands;
    (C) Stationary vessels; or
    (D) Signs indicating emergent or shallow reefs.
    (v) Operating a vessel in such a manner as to injure or cause 
disturbance to wading or nesting birds or marine mammals.
    (vi) The prohibitions contained in this paragraph shall not apply 
to law enforcement officials while in the performance of enforcement 
duties.
    (6) Diving without flag. Diving or snorkeling without flying in a 
conspicious manner the red and white ``divers down'' flag (or the blue 
and white ``alpha'' flag in Federal waters).
    (7) Release of exotic species. Introducing or releasing an exotic 
species of plant, invertebrate, fish, amphibian, or reptile into the 
Sanctuary.
    (8) Tampering with markers. Marking, defacing, or damaging in any 
way or displacing, removing, or tampering with any signs, notices, or 
placards, whether temporary or permanent, or with any navigational 
aids, monuments, stakes, posts, mooring buoys, boundary buoys, trap 
buoys, or scientific equipment.
    (9) Removing or injuring Sanctuary historical resources. Moving, 
removing, injuring, or possessing, or attempting to move, remove, 
injure, or possess, a Sanctuary historical resource.
    (10) Taking or possessing protected wildlife. Taking any marine 
mammal, sea turtle, or seabird in or above the Sanctuary, except as 
authorized by the Marine Mammal Protection Act, as amended, (MMPA), 16 
U.S.C. 1361 et seq., the Endangered Species Act, as amended, (ESA), 16 
U.S.C. 1531 et seq., and the Migratory Bird Treaty Act, as amended, 
(MBTA), 16 U.S.C. 703 et seq.
    (11) Possession or use of explosives or electrical charges. 
Possessing, or using explosives, except powerheads, or releasing 
electrical charges within the Sanctuary.
    (12) Interfering with law enforcement. Interfering with, 
obstructing, delaying or preventing an investigation, search, seizure 
or disposition of seized property in connection with enforcement of the 
Acts or any regulation or permit issued under the Acts.
    (b) Marine Life rule. No person shall harvest, possess, or land any 
marine life species, or part thereof, within the Sanctuary, except in 
accordance with rules 46-42.001 through 46-42.003, 46-42.0035, and 46-
42.005 through 46-42.007 of the Florida Administrative Code, (set forth 
in Appendix VIII to this part), and such rules shall apply mutatis 
mutandis (with necessary editorial changes) to all federal and state 
waters within the Sanctuary.
    (c) Notwithstanding the prohibitions in this Sec. 929.5 and 
Sec. 929.6, and any access and use restrictions imposed pursuant 
thereto, a person may conduct an activity specifically authorized by, 
and conducted in accordance with the scope, purpose, terms, and 
conditions of, a National Marine Sanctuary permit issued pursuant to 
Sec. 929.10, or a National Marine Sanctuary Historical Resources permit 
issued pursuant to Sec. 929.11.
    (d) Notwithstanding the prohibitions in this Sec. 929.5 and 
Sec. 929.6, and any access and use restrictions imposed pursuant 
thereto, a person may conduct an activity specifically authorized by a 
valid lease, permit, license, approval, or other authorization in 
existence on the effective date of Sanctuary designation and issued by 
any Federal, State, or local authority of competent jurisdiction, or by 
any valid right of subsistence use or access in existence on the 
effective date of Sanctuary designation, provided that the holder of 
such authorization or right complies with Sec. 929.14 and with any 
terms and conditions on the exercise of such authorization or right 
imposed by the Director or designee as a condition of certification as 
he or she deems reasonably necessary to achieve the purposes for which 
the Sanctuary was designated.
    (e) Notwithstanding the prohibitions in this Sec. 929.5 and 
Sec. 929.6, and any access and use restrictions imposed pursuant 
thereto, a person may conduct an activity specifically authorized by 
any valid lease, permit, license, approval, or other authorization 
issued after the effective date of Sanctuary designation and issued by 
any Federal, State, or local authority of competent jurisdiction, 
provided that the applicant complies with Sec. 929.15, the Director or 
designee notifies the applicant and authorizing agency that he or she 
does not object to issuance of the authorization, and the applicant 
complies with any terms and conditions the Director or designee deems 
[[Page 16412]] reasonably necessary to protect Sanctuary resources and 
qualities. Amendments, renewals and extensions of authorizations in 
existence on the effective date of designation constitute 
authorizations issued after the effective date.
    (f) Notwithstanding paragraph (c) of this section and 
Sec. 929.15(a), in no event may the Director or designee issue a permit 
under Secs. 929.10, 929.11 or 929.12, or under Section 310 of the NMSA, 
authorizing, or otherwise approving, the exploration for, leasing, 
development, or production of minerals or hydrocarbons within the 
Sanctuary, the disposal of dredged material within the Sanctuary, or 
the discharge of untreated or primary treated sewage (except by a 
certification, pursuant to Sec. 929.14, of a valid authorization in 
existence on the effective date of Sanctuary designation), and any 
purported authorizations issued by other authorities after the 
effective date of Sanctuary designation for any of these activities 
within the Sanctuary shall be invalid.
    (g)(1) All military activities shall be carried out in a manner 
that avoids to the maximum extent practical any adverse impacts on 
Sanctuary resources and qualities. Military activities are activities 
conducted by the Department of Defense with or without participation by 
foreign forces. The prohibitions in paragraphs (a) and (b) of this 
section and Sec. 929.6 do not apply to existing classes of military 
activities, which were conducted prior to the effective date of the 
regulations in this part, as identified in the Environmental Impact 
Statement and Management Plan for the Florida Keys National Marine 
Sanctuary. New military activities in the Sanctuary are allowed and may 
be exempted from the prohibitions in paragraphs (a) and (b) of this 
section and Sec. 929.6 by the Director or designee after consultation 
between the Director or designee and the Department of Defense pursuant 
to section 304(d) of the NMSA. When a military activity is modified 
such that it is likely to destroy, cause the loss of, or injure a 
Sanctuary resource in a manner significantly greater than was 
considered in a previous consultation under section 304(d) of the NMSA, 
or any Sanctuary resource or quality not previously considered in a 
previous consultation under section 304(d) of the NMSA, the activity 
will be treated as a new activity under this paragraph. If it is 
determined that an activity may be carried out, such activity shall be 
carried out in a manner that avoids to the maximum extent practical any 
adverse impact on Sanctuary resources and qualities. Civil engineering 
and other civil works projects conducted by the U.S. Army Corps of 
Engineers are excluded from the scope of this paragraph (g)(1).
    (2) In the event of threatened or actual destruction of, loss of, 
or injury to a Sanctuary resource or quality resulting from an untoward 
incident, including but not limited to spills and groundings caused by 
the Department of Defense, the cognizant component shall promptly 
coordinate with the Director or designee for the purpose of taking 
appropriate actions to prevent, respond to or mitigate the harm and, if 
possible, restore or replace the Sanctuary resource or quality.


Sec. 929.6  Additional activity regulations by Sanctuary zone.

    (a) In addition to the prohibitions set forth in Sec. 929.5, which 
apply throughout the Sanctuary, the following requirements in this 
Sec. 929.6 apply with respect to activities conducted within the 
Sanctuary zones described in this Sec. 929.6 and in Appendices II 
through V to this part. Activities conducted in those areas of the 
Sanctuary that are located within two or more overlapping Sanctuary 
zones shall be concurrently subject to the regulations applicable to 
each such overlapping zone.
    (b) Existing Management Areas.--(1) Key Largo and Looe Key 
Management Areas. The following activities are prohibited within the 
Key Largo and Looe Key Management Areas (the former Key Largo and Looe 
Key National Marine Sanctuaries as described in Appendix II to this 
part):
    (i) Removing, taking, damaging, harmfully disturbing, breaking, 
cutting, spearing or similarly injuring any coral or other marine 
invertebrate, or any plant, soil, rock, or other material, except 
commercial taking of spiny lobster and stone crab by trap and 
recreational taking of spiny lobster by hand which is consistent with 
both the applicable regulations under the appropriate Fishery 
Management Plan and the regulations in this part is allowed.
    (ii) Taking or collecting any tropical fish.
    (iii) Using wire fish traps, bottom trawls, dredges, fish sleds, or 
similar vessel-towed or anchored bottom fishing gear or nets.
    (iv) Using, carrying or possessing, except while passing without 
interruption through the zones or for law enforcement purposes, the 
following: Pole spears, air rifles, bows and arrows, slings, Hawaiian 
slings, rubber powered arbaletes, pneumatic and spring loaded guns or 
similar devices known as spearguns.
    (2) Great White Heron and Key West National Wildlife Refuge 
Management Areas. Within the Great White Heron and Key West National 
Wildlife Refuge Management Areas (The Great White Heron and Key West 
National Wildlife Refuges as described in Appendix II to this part), 
operating a personal watercraft (PWC), operating an airboat, or water 
skiing, except within the following areas:

Township 66 South, Range 29 East, Sections 5, 11, 12 and 14;
Township 66 South, Range 28 East, Section 2;
Township 67 South, Range 26 East, Sections 16 and 20 all Tallahassee 
Meridian, is prohibited.

    (c) Wildlife Management Areas. (1) Persons conducting activities 
within the Wildlife Management Areas described in Appendix III to this 
part shall comply with the regulations governing access to, and use of, 
such areas, also set forth in Appendix III to this part. The following 
activities are prohibited:
    (i) Operating a vessel in a wildlife management area designated as 
an ``idle/no-wake speed'' zone, in accordance with paragraph (c)(2) of 
this section, at a speed greater than idle/no-wake speed as defined in 
Sec. 929.3.
    (ii) Operating a vessel in a Wildlife Management Area designated as 
a ``no motor'' zone, in accordance with paragraph (c)(2) of this 
section, using a boat motor powered by combustible fuel, except that 
vessels with such motors are permitted access to ``no motor'' zones 
only through the use of a push pole, paddle, electric motor or similar 
means of operation not involving the use of a gasoline or diesel 
powered boat motor.
    (iii) Operating a vessel, by any means whatsoever, in a wildlife 
management area designated as a ``no access buffer zone'', in 
accordance with paragraph (c)(2) of this section.
    (2) Access and use restrictions applicable to the Wildlife 
Management Areas listed in Appendix III to this part may include the 
designation of any such zone as an ``idle/no-wake speed'', a ``no 
motor'' or a ``no access buffer'' area. The Director or designee, in 
cooperation with other Federal, State, or local resource management 
authorities, as appropriate, shall effect such designation by posting 
official signs conspicuously, using mounting posts, buoys, or other 
means according to location and purpose, at appropriate intervals and 
locations. Official signs posted pursuant to this paragraph shall 
display the official logo of the Sanctuary. Each such sign shall 
clearly delineate such zone as an ``idle/no-wake speed'', a ``no 
motor'' or a ``no access [[Page 16413]] buffer'' zone, and shall allow 
instant, long-range recognition by boaters.
    (3) The Director or designee shall coordinate with other Federal, 
State, or local resource management authorities, as appropriate, in the 
establishment, management, and enforcement of Wildlife Management 
Areas.
    (4) The Director or designee may modify the number, location, or 
access and use restrictions applicable to Wildlife Management Areas if 
the Director or designee finds that such action is reasonably necessary 
to minimize disturbances to Sanctuary wildlife, or to ensure protection 
and preservation of Sanctuary wildlife consistent with the purposes of 
the Sanctuary designation and other applicable law governing the 
protection and preservation of wildlife resources in the Sanctuary. The 
Director or designee will effect such modification by:
    (i) Publishing in the Federal Register, after notice and a request 
for public comments in accordance with the Administrative Procedure 
Act, an amendment to the list of such areas set forth in Appendix III 
to this part, and a notice regarding the time and place where maps 
depicting the precise locations of such areas will be made available 
for public inspection; and
    (ii) Posting official signs designating such areas in accordance 
with paragraph (c)(2) of this section.
    (d) Sanctuary Preservation Areas and Replenishment Reserves. (1) In 
addition to the prohibitions set forth in Sec. 929.5, and the 
regulations applicable to any overlapping zones set forth in this 
section, the following activities are prohibited within the 
Replenishment Reserves described in Appendix IV to this part, and 
within the Sanctuary Preservation Areas, described in Appendix V to 
this part:
    (i) Possessing (regardless of where taken from), moving, 
harvesting, removing, taking, damaging, disturbing, breaking, cutting, 
spearing, or otherwise injuring any coral, marine invertebrate, fish, 
bottom formation, algae, seagrass or other living or dead organism, 
including shells, or attempting any of these activities.
    (ii) Fishing by any means. However, possession of gear capable of 
harvesting fish aboard a vessel, provided such gear is stowed away 
prior to entering and during transit through the zone, shall not be 
deemed a violation of this prohibition, and no presumption of fishing 
activity shall be drawn therefrom.
    (iii) Touching living or dead coral, including but not limited to, 
standing on a living or dead coral formation.
    (iv) Placing any anchor in a way that allows the anchor or any 
portion of the anchor apparatus (including the anchor, chain or rope) 
to touch living or dead coral, or any sessile organism. When anchoring 
dive boats, the first diver down shall inspect the anchor to ensure 
that it is not touching living or dead coral, and will not shift in 
such a way as to touch such coral or other sessile organisms. No 
further diving is permitted until the anchor is placed in accordance 
with these requirements.
    (2) Vessels shall use mooring buoys or anchoring areas when such 
facilities or areas have been designated and are available.
    (3) Notwithstanding paragraph (d)(1) of this section, the following 
activities are allowed within the Key Largo Replenishment Reserve 
described in Appendix IV to this part:
    (i) catch and release fishing from the shore to a depth of 12 feet; 
and
    (ii) harvest of spiny lobster by trap from sand or seagrass bottom 
habitats.
    (4) The Director or designee may impose a limited access 
designation, or temporary area closure, within any Sanctuary 
Preservation Area if the Director determines that such action is 
reasonably necessary to allow for recovery of the living resources of 
such area from the adverse, cumulative effects of concentrated use:
    (i) Except for passage without interruption through the area, for 
law enforcement or for monitoring pursuant to paragraph (d)(4)(iii) of 
this section, no person shall:
    (A) Enter a Sanctuary Preservation Area subject to a limited access 
designation, except by the use of such mooring buoys or anchoring areas 
as are designated and available for use within such area at the time of 
the entry; or
    (B) Enter a Sanctuary Preservation Area subject to a temporary area 
closure, during the pendancy of the area closure.
    (ii) In adopting any limited access designation or temporary area 
closure pursuant to this paragraph (d)(4), the Director or designee 
will determine, on the basis of the best available data, information 
and studies, that:
    (A) A concentration of use appears to be causing or contributing to 
significant degradation of the living resources of the area;
    (B) The access restriction or temporary area closure to be imposed 
is reasonably necessary to allow recovery of the living resources of 
the area.
    (iii) The Director or designee will provide for continuous 
monitoring of the area during the pendancy of the limited access 
designation or temporary area closure.
    (iv) The Director or designee will provide public notice of the 
limited access designation or temporary area closure through publishing 
notice in the Federal Register, and such other means as the Director or 
designee may deem appropriate. With respect to a temporary area 
closure, the Director or designee will specify the period of such 
closure.
    (e) Special Use Areas. (1) The Director or designee may set aside 
discrete areas of the Sanctuary as Special Use Areas, and, by 
designation pursuant to this paragraph (e), impose the use restrictions 
specified in paragraph (e)(3) of this section. Special Use Areas are 
described in Appendix VI to this part, in accordance with the following 
designations and corresponding objectives:
    (i) ``Recovery areas'' to provide for the recovery of Sanctuary 
resources from degradation or other injury attributable to human uses;
    (ii) ``Restoration areas'' to provide for restoration of degraded 
or otherwise injured Sanctuary resources;
    (iii) ``Research only areas'' to provide for scientific research or 
education relating to protection and management; and
    (iv) ``Facilitated use areas'' to provide for the prevention of use 
or user conflicts or the facilitation of access and use, or to promote 
public use and understanding, of Sanctuary resources through the 
issuance of Special Use permits pursuant to Sec. 929.12.
    (2) The total restricted area shall not exceed a size the Director 
or designee deems reasonably necessary to accomplish these objectives.
    (3) Persons conducting activities within any Special Use Area shall 
comply with the access and use restriction specified in this paragraph 
and made applicable to such an area by means of its designation as a 
``recovery area'', ``restoration area'', ``research only area'' or 
``facilitated use area.'' Except for passage without interruption 
through the area and for law enforcement, no person may enter into a 
Special Use Area except to conduct or cause to be conducted the 
following uses and activities:
    (i) Habitat manipulation related to restoration of degraded or 
otherwise injured Sanctuary resources, or activities reasonably 
necessary to monitor recovery of degraded or otherwise injured 
Sanctuary resources within such an area designated as either a 
``recovery area'' or a ``restoration area'';
    (ii) Scientific research or educational use specifically authorized 
by and conducted in accordance with the scope, purpose, terms and 
conditions of [[Page 16414]] a valid Sanctuary permit issued pursuant 
to Sec. 929.10 or Sec. 929.11 within such an area designated as a 
``research only area''; or
    (iii) Uses and activities specified by the Director or designee or 
specifically authorized by and conducted in accordance with the scope, 
purpose, terms, and conditions of a valid special use permit issued 
pursuant to Sec. 929.12 within such an area designated as a 
``facilitated use area.''
    (4) (i) The Director or designee may modify the number, location or 
designation applicable to Special Use Zones by publishing in the 
Federal Register, after notice and a request for public comments in 
accordance with the Administrative Procedure Act, an amendment to 
Appendix VI to this part, except that, with respect to such zones 
designated as ``recovery areas'', ``restoration areas,'' or ``research 
only areas,'' the Director or designee may modify the number, location 
or designation of such zones by publishing a notice of such action in 
the Federal Register if the Director determines that immediate action 
is reasonably necessary to:
    (A) Prevent significant injury to Sanctuary resources where 
circumstances create an imminent risk to such resources;
    (B) Initiate restoration activity where a delay in time would 
significantly impair the ability of such restoration activity to 
succeed;
    (C) Initiate research activity where an unforseen natural event 
produces an opportunity for scientific research that may be lost if 
research is not initiated immediately.
    (ii) If the Director or designee determines that a notice of 
modification must be promulgated immediately in accordance with 
paragraph (e)(4)(i) of this section, the Director or designee will, as 
part of the same notice, invite public comment and specify that 
comments will be received for 15 days after the effective date of the 
notice. As soon as practicable after the end of the comment period, the 
Director will either rescind, modify or allow the modification to 
remain unchanged through notice in the Federal Register.


Sec. 929.7  Emergency regulations.

    Where necessary to prevent or minimize the destruction of, loss of, 
or injury to a Sanctuary resource or quality, or minimize the imminent 
risk of such destruction, loss, or injury, any and all activities are 
subject to immediate temporary regulation, including prohibition.


Sec. 929.8  Penalties.

    (a) Each violation of the NMSA or FKNMSPA, any regulation in this 
part, or any permit issued pursuant thereto, is subject to a civil 
penalty of not more than $100,000. Each such violation shall be subject 
to forfeiture of property or Sanctuary resources seized in accordance 
with section 307 of the NMSA. Each day of a continuing violation 
constitutes a separate violation.
    (b) Regulations setting forth the procedures governing 
administrative proceedings for assessment of civil penalties, permit 
sanctions and denials for enforcement reasons, issuance and use of 
written warnings, and release or forfeiture of seized property appear 
at 15 CFR Part 904.


Sec. 929.9  Response costs and damages.

    Under Section 312 of the NMSA, any person who destroys, causes the 
loss of, or injures any Sanctuary resource is liable to the United 
States for response costs, damages, and interest resulting from such 
destruction, loss, or injury, and any vessel used to destroy, cause the 
loss of, or injure any Sanctuary resource is liable in rem to the 
United States for response costs, damages, and interest resulting from 
such destruction, loss, or injury.


Sec. 929.10  National Marine Sanctuary Permits; application procedures 
and issuance criteria.

    (a) A person may conduct an activity prohibited by Sec. 929.5 or 
Sec. 929.6 if such activity is specifically authorized by, and provided 
such activity is conducted in accordance with the scope, purpose, terms 
and conditions of, a permit issued under this Sec. 929.10 or an 
Historical Resources permit issued under Sec. 929.11.
    (b)(1) The Director or designee, at his or her discretion, may 
issue a permit, in accordance with this section, and subject to such 
terms and conditions as he or she deems appropriate, to conduct an 
activity prohibited by Sec. 929.5 or Sec. 929.6 if the Director or 
designee finds that the activity will have only negligible short-term 
adverse effects on Sanctuary resources and qualities and will:
    (i) Further research or monitoring related to Sanctuary resources 
and qualities;
    (ii) Further the educational, natural or historical resource value 
of the Sanctuary;
    (iii) Further salvage or recovery operations in or near the 
Sanctuary in connection with a recent air or marine casualty; or
    (iv) Assist in managing the Sanctuary.
    (2) For activities proposed to be conducted within Replenishment 
Reserves or Sanctuary Preservation Areas, the Director or designee 
shall further find that such activities will further and are consistent 
with the purposes for which such zone was established.
    (c) In deciding whether to issue a permit, the Director or designee 
may consider:
    (1) The professional qualifications and financial ability of the 
applicant as related to the proposed activity;
    (2) The duration of the activity and the duration of its effects;
    (3) The appropriateness of the methods and procedures proposed by 
the applicant for the conduct of the activity;
    (4) The extent to which the conduct of the activity may diminish or 
enhance Sanctuary resources and qualities;
    (5) Any indirect, secondary or cumulative effects of the activity;
    (6) The end value of the activity; and
    (7) Such other factors as he or she deems appropriate depending on 
the type of activity proposed in the application.
    (d) Applications for permits should be addressed to the Director, 
Office of Ocean and Coastal Resource Management; ATTN: Sanctuary 
Superintendent, Florida Keys National Marine Sanctuary, P.O. Box 
500368, Marathon, FL 33050. All applications must include:
    (1) A detailed description of the proposed activity including a 
timetable for completion of the activity and the equipment, personnel 
and methodology to be employed;
    (2) The qualifications and experience of all personnel;
    (3) The potential effects of the activity, if any, on Sanctuary 
resources and qualities; and
    (4) The benefit to be derived from the activity. Copies of all 
other required licenses, permits, approvals, or other authorizations 
must be attached to the application.
    (e) Upon receipt of an application, the Director or designee may 
request such additional information from the applicant as he or she 
deems reasonably necessary to act on the application and may seek the 
views of any persons. The Director or designee may require a site visit 
as part of the permit evaluation. Unless otherwise specified, the 
information requested must be received by the Director or designee 
within 30 days of the postmark date of the request. Failure to provide 
such additional information on a timely basis may be deemed by the 
Director or designee to constitute abandonment or withdrawal of the 
permit application. [[Page 16415]] 
    (f) A permit issued pursuant to this Sec. 929.10 or Sec. 929.11 is 
nontransferable.
    (g) The Director or designee may amend, suspend, or revoke a permit 
for good cause. The Director or designee may deny a permit application, 
in whole or in part, if it is determined that the permittee or 
applicant has acted in violation of the terms or conditions of a 
previous permit, of the regulations in this part, of the NMSA or 
FKNMSA, or for other good cause. Any such action shall be communicated 
in writing to the permittee or applicant by certified mail and shall 
set forth the reason(s) for the action taken. Procedures governing 
permit sanctions and denials for enforcement reasons are set forth in 
15 CFR Part 904, subpart D.
    (h) Any permit issued pursuant to this Sec. 929.10, Sec. 929.11, 
Sec. 929.12, or Section 310 of the NMSA shall be subject to the 
following general conditions:
    (1) All permitted activities shall be conducted in a manner that 
does not destroy, cause the loss of, or injure Sanctuary resources, 
except that a permit issued under this Sec. 929.10 or Sec. 929.11 may 
authorize negligible short-term adverse effects on Sanctuary resources 
and qualities.
    (2) The permittee shall agree to hold the United States harmless 
against any and all claims arising out of the conduct of the permitted 
activities.
    (3) The permit shall be issued for a period not exceeding five 
years. However, the permittee may request permit renewal or a different 
permit pursuant to the same procedure as provided by this Sec. 929.10. 
Upon the permittee's request for renewal, the Director or designee 
shall: review all annual reports submitted by the permittee pursuant to 
paragraph (h)(4) of this section. In order to renew the permit, the 
Director or designee must find that the activity will continue to 
further the purposes for which the Sanctuary was designated in 
accordance with the criteria applicable to the initial issuance of the 
permit; ascertain the permittee has at no time violated the permit, or 
these regulations; and ascertain the permittee has not destroyed, 
caused the loss of, or injured Sanctuary resources while conducting the 
permitted activities, except for any negligible short-term adverse 
effects on Sanctuary resources and qualities authorized by the permit 
pursuant to paragraph (h)(1) of this section.
    (4) The permit or a copy thereof shall be displayed on board all 
vessels or aircraft used in the conduct of the permitted activity.
    (i) In addition to the general conditions listed in paragraphs 
(h)(1) through (4) of this section, any permit issued pursuant to this 
Sec. 929.10, Sec. 929.11, Sec. 929.12, or Section 310 of the NMSA may 
be subject to such specific terms and conditions, including conditions 
governing access to, or use of, Sanctuary resources, as the Director or 
designee deems reasonably necessary or appropriate and in furtherance 
of the purposes for which the Sanctuary is designated. Such conditions 
may include, without limitation, a condition that:
    (1) Any data or information obtained under the permit shall be made 
available to the public;
    (2) A NOAA official shall be allowed to observe any activity 
conducted under the permit;
    (3) The permittee shall submit one or more reports on the status, 
progress, or results of any activity authorized by the permit;
    (4) The permittee shall submit an annual report to the Director or 
designee not later than December 31 of each year on activities 
conducted pursuant to the permit. The report shall describe all 
activities conducted under the permit and all revenues derived from 
such activities during the term of the permit; and/or
    (5) The permittee shall purchase and maintain general liability 
insurance against any and all claims arising out of the permitted 
activities. A copy of the insurance policy shall be submitted to the 
Director or designee.
    (j) The applicant for or holder of a National Marine Sanctuary or a 
National Marine Sanctuary Historical Resources permit may appeal the 
denial, conditioning, amendment, suspension or revocation of the permit 
in accordance with the procedures set forth in Sec. 929.16.


Sec. 929.11  National Marine Sanctuary Historical Resources Permits; 
exploration, research/recovery, research/recovery/transfer; application 
procedures and issuance criteria.

    (a) The Director or designee, at his or her discretion, may issue a 
research/exploration, research/recovery, or research/recovery/transfer 
permit, in accordance with this Sec. 929.11, and subject to such terms 
and conditions as he or she deems appropriate, to conduct an activity 
specified under this Sec. 929.11 and prohibited by Secs. 929.5 or 
929.6. Activities conducted pursuant to a permit issued under this 
Sec. 929.11 shall be consistent and conform with the [proposed] 
Procedures for Submerged Cultural Resources Agreement Among NOAA, The 
Advisory Council on Historic Preservation, and the State of Florida on 
Submerged Cultural Resources (hereinafter SCR Agreement). This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The SCR 
Agreement is reproduced as an appendix to the ``Regulatory Action 
Plan'' set forth in Volume 1 of the [draft] Florida Keys National 
Marine Sanctuary Management Plan, dated March 1995. Copies of the SCR 
Agreement may be inspected at, and obtained from, the Sanctuaries and 
Reserves Division, Office of Ocean and Coastal Resource Management, 
National Ocean Service, National Oceanic and Atmospheric 
Administration, 1305 East-West Highway, 12th floor, Silver Spring, MD 
20910 or from the Florida Keys National Marine Sanctuary Office, P.O. 
Box 500368, Marathon, FL 33050. The SCR Agreement is also available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.1

    \1\The incorporation by reference will be submitted to the 
Office of the Federal Register for approval.
---------------------------------------------------------------------------

    (b) Applications for research/recovery and research/recovery/
transfer permits shall follow the procedures listed in Sec. 929.10 (d) 
through (g).
    (c) Any permit issued pursuant to this Sec. 929.11 shall be subject 
to the general conditions listed in Sec. 929.10(h) (1) through (4), and 
any special conditions that may be imposed by the Director or designee 
in accordance with Sec. 929.10(i). In addition, the following general 
conditions shall apply to all research/recovery and research/recovery/
transfer permits:
    (1) The permittee shall post a performance bond commensurate with 
the scope of work to cover costs associated with the recovery. The bond 
shall be released only after the project is completed according to the 
agreed-upon terms, the artifacts are conserved, and a final report is 
delivered and approved by Director or designee in accordance with the 
SCR Agreement; and
    (2) The permittee, at his or her own expense, shall provide secure 
storage of the artifacts recovered pursuant to research/recovery or 
research/recovery/transfer permit, and the permittee shall obtain 
insurance for the artifacts equivalent to the fair market value as 
determined by a qualified objective assessor. Such assessor shall be 
identified or approved by the Director or designee.
    (d) Survey and Inventory Permits. (1) The Director or designee may 
issue a survey and inventory permit to conduct non-intrusive survey 
activities that will not include excavation, removal, or 
[[Page 16416]] recovery of historical resources, nor result in 
destruction of, loss of, or injury to Sanctuary resources.
    (2) Survey and inventory reports and daily logs must be prepared 
describing the activities conducted pursuant and results obtained from 
the activities authorized in the exploration permit. Copies of the 
report and daily logs and any other data derived from the survey shall 
be delivered in a timely manner pursuant to a deadline proscribed in 
the permit and will be stored in a repository to be named in the 
permit.
    (e) Research/Recovery Permits. (1) Recovery of historical resources 
will only be permitted when developed in conjunction with research to 
preserve the historic information for public use. Intrusive research 
and/or recovery will be permitted based upon a balancing of factors and 
criteria to determine whether the goals of preservation, research, 
education, and public access are better served by permitting this type 
of activity as opposed to leaving the historic resource in place.
    (2) For sites where no prior federally adjudicated claim exists, 
and for federally adjudicated admiralty claim sites within the 
Sanctuary, the following minimum requirements apply as general permit 
conditions and may be subject to separate approval, as specified by the 
Director or designee:
    (i) The applicant must have secured Federal, State, and local 
permits from all agencies with jurisdiction over the proposed 
activities;
    (ii) A professional archaeologist must be in charge of planning, 
conducting, and supervising field operations, analysis;
    (iii) A conservation laboratory must be in place before field 
operations are begun, and a professional nautical conservator must be 
in charge of planning, conducting, and supervising the conservation of 
any artifacts and other materials recovered;
    (iv) A curation agreement with a museum or facility for curation, 
display, and maintenance of the recovered historical resources must be 
in place before field operations have begun;
    (v) The site's archaeological information must be fully documented, 
including measured drawings, site maps drawn to professional standards, 
and a photographic record;
    (vi) Final reports must be prepared describing research design, 
methodology, laboratory analyses, findings, and other items. These 
reports shall be delivered in a timely manner pursuant to a deadline 
proscribed in the permit;
    (vii) Copies of all reports, site maps, field notes, and other data 
and records derived from the project will be stored in a repository to 
be named in the permit.
    (f) Research/Recovery/Transfer Permits. (1) Agreements for the 
curation and display of recovered historical resources may provide for 
the release of public artifacts for private sale transfer if such sale 
transfer is consistent with preservation, research, education, or other 
purposes of the designation and management of the Sanctuary. Sale 
distribution of historical resources shall be executed pursuant to the 
SCR Agreement.
    (2) All research/recovery/transfer permits shall be subject to the 
requirements in paragraph (e) of this section.
    (3) All research/recovery/transfer permits shall be subject to the 
requirements for special use permits listed in Sec. 929.12 (c) through 
(f).


Sec. 929.12  Special Use Permits.

    (a)(1) The Director or designee may require a special use permit in 
order to conduct a concession-type, commercial activity within the 
Sanctuary if the Director or designee determines such authorization is 
reasonably necessary:
    (i) To establish conditions of access to and use of any Sanctuary 
resource; or
    (ii) To promote public use and understanding of any Sanctuary 
resource.
    (2) No permit may be issued unless the activity is compatible with 
the purposes for which the Sanctuary was designated and can be 
conducted in a manner that does not destroy, cause the loss of, or 
injure any Sanctuary resource.
    (b) Applications for such permits shall follow the procedures 
listed in Sec. 929.10(d) through (g).
    (c) Any special use permit issued pursuant to this Sec. 929.12 
shall be subject to the general conditions listed in Sec. 929.10(h)(1) 
through (4), and any special conditions that may be imposed by the 
Director or designee in accordance with Sec. 929.10(i).
    (d) The Director or designee may assess and collect fees for the 
conduct of any activity authorized by a special use permit issued 
pursuant to this Sec. 929.12. No special use permit shall be effective 
until all assessed fees are paid, unless otherwise provided by the 
Director or designee by a fee schedule set forth as a permit condition.
    (e) In assessing a fee under paragraph (f) of this section, the 
Director or designee shall include:
    (1) All costs incurred, or expected to be incurred, in reviewing 
and processing the permit application, including costs for:
    (i) Number of personnel;
    (ii) Personnel hours;
    (iii) Equipment;
    (iv) Biological assessments;
    (v) Copying; and
    (vi) Overhead directly related to reviewing and processing the 
permit application;
    (2) All costs incurred, or expected to be incurred, by the Director 
or designee as a direct result of the conduct of the activity for which 
the special use permit was issued, including, but not limited to:
    (i) The cost of monitoring the conduct both during and after the 
activity is completed in order to assess the impacts to Sanctuary 
resources;
    (ii) The use of an official NOAA observer, including travel and 
expenses and personnel hours; and
    (iii) Overhead costs directly related to the permitted activity; 
and
    (3) An amount which represents the fair market value of the use of 
the Sanctuary resource and a reasonable return to the United States 
Government.
    (f) Special-use permits may not be transferred, sold, or assigned 
except with the written approval of the Director or designee. The 
permittee shall provide the Director or designee with written notice of 
any such transfer, sale, or assignment no less than 30 days prior to 
its proposed consummation. Transfers, sales, or assignments consummated 
in violation of this requirement shall be considered a material breach 
of the special-use permit, and the permit shall be considered void as 
of the consummation of any such transfer, sale, or assignment.
    (g) Nothing in this Sec. 929.12 shall be considered to require a 
person to obtain a permit under this Sec. 929.12 for the conduct of any 
fishing activities within the Sanctuary.


Sec. 929.13  Sanctuary registry; research notice.

    Any person conducting research in the Sanctuary, including such 
research not involving activities prohibited by Secs. 929.5 or 929.6, 
may voluntarily register with the appropriate Sanctuary field office. 
Such registration should include the type of research being conducted, 
location of research area, and name, addressee, and contact telephone 
numbers of the principal investigator or research expedition leader. 
Upon registration, the Sanctuary office will issue a research flag to 
be used while conducting research within the Sanctuary. The flag must 
be returned upon completion of all research activities. Copies of 
research results, abstracts, and reports may be submitted to the 
Sanctuary field office [[Page 16417]] to be retained for Sanctuary 
management purposes, public observation, and peer review.


Sec. 929.14  Certification of pre-existing leases, licenses, permits, 
approvals, other authorizations, or rights to conduct a prohibited 
activity.

    (a) A person may conduct an activity prohibited by Secs. 929.5 or 
Sec. 929.6 if such activity is specifically authorized by a valid 
lease, permit, license, approval, or other authorization in existence 
on the effective date of Sanctuary designation and issued by any 
Federal, State, or local authority of competent jurisdiction, or by any 
valid right of subsistence use or access in existence on the effective 
date of Sanctuary designation, provided that:
    (1) The holder of such authorization or right notifies the Director 
or designee, in writing, within 90 days of the effective date of the 
regulations in this part, of the existence of such authorization or 
right and requests certification of such authorization or right;
    (2) The holder complies with the other provisions of this 
Sec. 929.14; and
    (3) The holder complies with any terms and conditions on the 
exercise of such authorization or right imposed as a condition of 
certification, by the Director or designee, to achieve the purposes for 
which the Sanctuary was designated.
    (b) The holder of a valid lease, permit, license, approval, or 
other authorization in existence on the effective date of Sanctuary 
designation and issued by any Federal, State or local authority of 
competent jurisdiction, or of any valid right of subsistence use or 
access in existence on the effective date of Sanctuary designation, 
authorizing an activity prohibited by Sec. 929.5 or Sec. 929.6 may 
conduct the activity without being in violation of specified provisions 
of Sec. 929.5 or Sec. 929.6, pending final agency action on his or her 
certification request, provided the holder is in compliance with this 
Sec. 929.14.
    (c) Any holder of a valid lease, permit, license, approval, or 
other authorization in existence on the effective date of Sanctuary 
designation and issued by any Federal, State, or local authority of 
competent jurisdiction, or any holder of a valid right of subsistence 
use or access in existence on the effective date of Sanctuary 
designation, may request the Director or designee to issue a finding as 
to whether the activity for which the authorization has been issued, or 
the right given, is prohibited under Sec. 929.5 or Sec. 929.6.
    (d) Requests for findings or certifications should be addressed to 
the Director, Office of Ocean and Coastal Resource Management; ATTN: 
Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource 
Management, National Ocean Service, National Oceanic and Atmospheric 
Administration, 1305 East-West Highway, Silver Spring, Maryland 20910. 
A copy of the lease, permit, license, approval, or other authorization 
must accompany the request.
    (e) The Director or designee may request additional information 
from the certification requester as he or she deems reasonably 
necessary to condition appropriately the exercise of the certified 
authorization or right to achieve the purposes for which the Sanctuary 
was designated. The information requested must be received by the 
Director or designee within 45 days of the postmark date of the 
request. The Director or designee may seek the views of any persons on 
the certification request.
    (f) The Director or designee may amend any certification made under 
this Sec. 929.14 whenever additional information becomes available 
justifying such an amendment.
    (g) The Director or designee shall communicate any decision on a 
certification request or any action taken with respect to any 
certification made under this Sec. 929.14, in writing, to both the 
holder of the certified lease, permit, license, approval, other 
authorization, or right, and the issuing agency, and shall set forth 
the reason(s) for the decision or action taken.
    (h) Any time limit prescribed in or established under this 
Sec. 929.14 may be extended by the Director or designee for good cause.
    (i) The holder may appeal any action conditioning, amending, 
suspending, or revoking any certification in accordance with the 
procedures set forth in Sec. 929.16.
    (j) Any amendment, renewal, or extension not in existence on the 
effective date of Sanctuary designation of a lease, permit, license, 
approval, other authorization, or right is subject to the provisions of 
Sec. 929.15.


Sec. 929.15  Notification and review of applications for leases, 
licenses, permits, approvals, or other authorizations to conduct a 
prohibited activity.

    (a) A person may conduct an activity prohibited by Secs. 929.5 or 
929.6 if such activity is specifically authorized by any valid lease, 
permit, license, approval, or other authorization issued after the 
effective date of Sanctuary designation by any Federal, State, or local 
authority of competent jurisdiction, provided that:
    (1) The applicant notifies the Director or designee, in writing, of 
the application for such authorization (and of any application for an 
amendment, renewal, or extension of such authorization) within fifteen 
(15) days of the date of filing of the application or of the effective 
date of the regulations in this part, whichever is later;
    (2) The applicant complies with the other provisions of this 
Sec. 929.15;
    (3) The Director or designee notifies the applicant and authorizing 
agency that he or she does not object to issuance of the authorization 
(or amendment, renewal, or extension); and
    (4) The applicant complies with any terms and conditions the 
Director or designee deems reasonably necessary to protect Sanctuary 
resources and qualities.
    (b) Any potential applicant for a lease, permit, license, approval, 
or other authorization from any Federal, State, or local authority (or 
for an amendment, renewal, or extension of such authorization) may 
request the Director or designee to issue a finding as to whether the 
activity for which an application is intended to be made is prohibited 
by Secs. 929.5 or 929.6.
    (c) Notification of filings of applications should be addressed to 
the Director, Office of Ocean and Coastal Resource Management; ATTN: 
Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource 
Management, National Ocean Service, National Oceanic and Atmospheric 
Administration, 1305 East-West Highway, Silver Spring, Maryland 20910. 
A copy of the application must accompany the notification.
    (d) The Director or designee may request additional information 
from the applicant as he or she deems reasonably necessary to determine 
whether to object to issuance of such lease, license, permit, approval, 
or other authorization (or to issuance of an amendment, extension, or 
renewal of such authorization), or what terms and conditions are 
reasonably necessary to protect Sanctuary resources and qualities. The 
information requested must be received by the Director or designee 
within 45 days of the postmark date of the request. The Director or 
designee may seek the views of any persons on the application.
    (e) The Director or designee shall notify, in writing, the agency 
to which application has been made of his or her review of the 
application and possible objection to issuance. After review of the 
application and information received with respect thereto, the Director 
or designee shall notify both the agency and applicant, in writing, 
[[Page 16418]] whether he or she has an objection to issuance and what 
terms and conditions he or she deems reasonably necessary to protect 
Sanctuary resources and qualities. The Director or designee shall state 
the reason(s) for any objection or the reason(s) that any terms and 
conditions are deemed reasonably necessary to protect Sanctuary 
resources and qualities.
    (f) The Director or designee may amend the terms and conditions 
deemed reasonably necessary to protect Sanctuary resources and 
qualities whenever additional information becomes available justifying 
such an amendment.
    (g) Any time limit prescribed in or established under this 
Sec. 929.15 may be extended by the Director or designee for good cause.
    (h) The applicant may appeal any objection by, or terms or 
conditions imposed by, the Director or designee to the Assistant 
Administrator or designee in accordance with the provisions set forth 
in Sec. 929.16.


Sec. 929.16  Appeals of administrative action.

    (a) Except for permit actions taken for enforcement reasons (see 15 
CFR part 904, subpart D, for applicable procedures), an applicant for, 
or a holder of, a Sec. 929.10 Sanctuary permit, an applicant for, or a 
holder of, a Sec. 929.11 Sanctuary Historical Resources Permit, an 
applicant for, or a holder of, a Sec. 929.12 Special Use Permit, a 
Sec. 929.14 certification requester, or a Sec. 929.15 applicant 
(hereinafter appellant) may appeal to the Assistant Administrator or 
designee:
    (1) The denial, conditioning, amendment, suspension, or revocation 
by the Director or designee of a National Marine Sanctuary, National 
Marine Sanctuary Historical Resources or Special Use Permit;
    (2) The conditioning, amendment, suspension, or revocation of a 
certification under Sec. 929.14; or
    (3) The objection to issuance or the imposition of terms and 
conditions under Sec. 929.15.
    (b) An appeal under paragraph (a) of this section must be in 
writing, state the action(s) by the Director or designee appealed and 
the reason(s) for the appeal, and be received within 30 days of receipt 
of notice of the action by the Director or designee. Appeals should be 
addressed to the Assistant Administrator, Office of Ocean and Coastal 
Resource Management, ATTN: Sanctuaries and Reserves Division, Office of 
Ocean and Coastal Resource Management, National Ocean Service, National 
Oceanic and Atmospheric Administration, 1305 East-West Highway, Silver 
Spring, MD 20910.
    (c) While the appeal is pending, appellants may not conduct their 
activities without being subject to the prohibitions in Sec. Sec. 929.5 
and 929.6.
    (d) The Assistant Administrator or designee may request the 
appellant to submit such information as the Assistant Administrator or 
designee deems reasonably necessary in order for him or her to decide 
the appeal. The information requested must be received by the Assistant 
Administrator or designee within 45 days of the postmark date of the 
request. The Assistant Administrator may seek the views of any other 
persons. The Assistant Administrator or designee may hold an informal 
hearing on the appeal. If the Assistant Administrator or designee 
determines that an informal hearing should be held, the Assistant 
Administrator or designee may designate an officer before whom the 
hearing shall be held. The hearing officer shall give notice in the 
Federal Register of the time, place, and subject matter of the hearing. 
The appellant and the Director or designee may appear personally or by 
counsel at the hearing and submit such material and present such 
arguments as deemed appropriate by the hearing officer. Within 60 days 
after the record before the hearing officer closes, the hearing officer 
shall recommend a decision in writing to the Assistant Administrator or 
designee.
    (e) The Assistant Administrator or designee shall decide the appeal 
using the same regulatory criteria as for the initial decision and 
shall base the appeal decision on the record before the Director or 
designee and any information submitted regarding the appeal, and if a 
hearing has been held, on the record before the hearing officer and the 
hearing officer's recommended decision. The Assistant Administrator or 
designee shall notify the appellant of the final decision and the 
reason(s) therefor in writing. The Assistant Administrator or 
designee's decision shall constitute final agency action for purposes 
of the Administrative Procedure Act.
    (f) Any time limit prescribed in or established under this section 
other than the 30 day limit for filing an appeal may be extended by the 
Assistant Administrator, designee, or hearing officer for good cause.

Appendix I to Part 929--Florida Keys National Marine Sanctuary 
Boundary Coordinates

(Appendix Based on North American Datum of 1983.)

    The boundary of the Florida Keys National Marine Sanctuary--
    (a) begins at the northeasternmost point of Biscayne National 
Park located at approximately 25 degrees 39 minutes north latitude, 
80 degrees 5 minutes west longitude, then runs eastward to the 300-
foot isobath located at approximately 25 degrees 39 minutes north 
latitude, 80 degrees 4 minutes west longitude;
    (b) then runs southward and connects in succession the points at 
the following coordinates:
    (i) 25 degrees 34 minutes north latitude, 80 degrees 4 minutes 
west longitude,
    (ii) 25 degrees 28 minutes north latitude, 80 degrees 5 minutes 
west longitude, and
    (iii) 25 degrees 21 minutes north latitude, 80 degrees 7 minutes 
west longitude;
    (iv) 25 degrees 16 minutes north latitude, 80 degrees 8 minutes 
west longitude;
    (c) then runs southwesterly approximating the 300-foot isobath 
and connects in succession the points at the following coordinates:
    (i) 25 degrees 7 minutes north latitude, 80 degrees 13 minutes 
west longitude,
    (ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes 
west longitude,
    (iii) 24 degrees 39 minutes north latitude, 80 degrees 52 
minutes west longitude,
    (iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes 
west longitude,
    (v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes 
west longitude,
    (vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes 
west longitude,
    (vii) 24 degrees 37 minutes north latitude, 83 degrees 6 minutes 
west longitude,
    (viii) 24 degrees 40 minutes north latitude, 83 degrees 6 
minutes west longitude,
    (ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes 
west longitude,
    (x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes 
west longitude,
    (xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes 
west longitude, and
    (xii) 24 degrees 55 minutes north latitude, 80 degrees 56 
minutes west longitude;
    (d) then follows the boundary of Everglades National Park in a 
southerly then northeasterly direction through Florida Bay, 
Buttonwood Sound, Tarpon Basin, and Blackwater Sound;
    (e) after Division Point, then departs from the boundary of 
Everglades National Park and follows the western shoreline of 
Manatee Bay, Barnes Sound, and Card Sound;
    (f) then follows the southern boundary of Biscayne National Park 
to the southeasternmost point of Biscayne National Park; and
    (g) then follows the eastern boundary of Biscayne National Park 
to the beginning point specified in paragraph (a) of this Appendix.

Appendix II to Part 929---Existing Management Areas

    The four (4) areas are identified as follows:

National Oceanic and Atmospheric Administration

    Pre-existing National Marine Sanctuaries:
    (1) Key Largo National Marine Sanctuary (see 15 CFR Part 929, as 
revised January 1, 1995). [[Page 16419]] 
    (2) Looe Key National Marine Sanctuary (see 15 CFR Part 937, as 
revised January 1, 1995).

United States Fish and Wildlife Service

    (3) Great White Heron National Wildlife Refuge
    (4) Key West National Wildlife Refuge

Appendix III to Part 929---Wildlife Management Areas

    The twenty-six (26) zones are described as follows:

------------------------------------------------------------------------
          Area                                Measure                   
------------------------------------------------------------------------
(1) Bay Keys............  No motor zone (300 feet) around one island;   
                           Idle/no-wake speed in tidal creeks           
(2) Boca Grande Key.....  Close south one-half of the beach.            
(3) Woman Key...........  Close east one-half of the beach and sand spit
                           (southeast side).                            
(4) Cayo Agua Keys......  Idle/ no-wake speed zone in all tidal creeks. 
(5) Cotton Key..........  No motor zone on tidal flat.                  
(6) Snake Creek.........    Do.                                         
(7) Cottrell Key........  No motor zone (300 feet) around entire island.
(8) Little Mullet Key...  No access buffer zone (300 feet) around entire
                           island.                                      
(9) Big Mullet Key......  No motor zone (300 feet) around entire island.
(10) Crocodile Lake.....  No access buffer zone (300 feet) along        
                           shoreline.                                   
(11) East Harbor Key....  No access buffer zone (300 feet) around       
                           northernmost island.                         
(12) Lower Harbor Keys..  Idle/ no-wake speed zone in all tidal creeks. 
(13) Horseshoe Key......  No access buffer zone (300 feet) around main  
                           island.                                      
(14) Marquesas Keys.....  (i) No motor zones (300 feet) around 3 small  
                           islands on western side of chain; (ii) no    
                           access buffer zone (300 feet) around one     
                           island at western side of chain; (iii) idle/ 
                           no-wake speed zone through one tidal creek on
                           southern side of chain.                      
(15) Tidal flat south of                                                
 Marvin Key.              No access buffer zone. .                      
(16) Mud Keys (i).......  Idle/ no-wake speed zones in 2 main creeks;   
                           (ii) No access in 2 smaller creeks.          
(17) Pelican Shoal......  No landing and no access out to 50 feet from  
                           shore between April 1 and September 15.      
(18) Rodriguez Key......  No motor zone on tidal flat.                  
(19) Dove Key...........  No motor zone on tidal flat; No access zone   
                           around the two small islands.                
(20) Tavernier Key......  No motor zone on tidal flat.                  
(21) Sawyer Keys........  Close tidal creeks on south side.             
(22) Snipe Keys (tidal    (i) Idle no-wake speed zone in main tidal     
 creeks north of Outer     creek; (ii) No motor zone elsewhere.         
 narrows).                                                              
(23) Upper Harbor Key...  No access buffer zone (300 feet) around entire
                           island.                                      
(24) East Content Keys..  Idle/ no-wake speed zones in tidal creeks     
                           between southwesternmost islands.            
(25) West Content Keys..  Idle/ no-wake speed zones in tidal creeks; no 
                           access buffer zone in one cove.              
(26) Little Crane Key...  No access buffer zone (300 feet) around entire
                           island.                                      
------------------------------------------------------------------------

Appendix IV to Part 929---Replenishment Reserves

    The three (3) zones consist of those portions of the Sanctuary 
which are located within the following geographic boundary 
coordinates based on North American Datum of 1983:

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
                                Key Largo                               
                                                                        
1...........................................  25 deg.17.7'              
                                                         N  80 deg.16.9'
                                                                       W
2...........................................  25 deg.15.2'              
                                                         N  80 deg.11.2'
                                                                       W
3...........................................  25 deg.11.6'              
                                                         N  80 deg.13.3'
                                                                       W
4...........................................  25 deg.14.3'              
                                                         N  80 deg.19.0'
                                                                       W
                                                                        
                                 Sambos                                 
                                                                        
1...........................................  24 deg.33.70              
                                                        'N  81 deg.40.80
                                                                      'W
2...........................................  24 deg.28.70              
                                                        'N  81 deg.41.90
                                                                      'W
3...........................................  24 deg.28.50              
                                                        'N  81 deg.43.70
                                                                      'W
4...........................................  24 deg.33.50              
                                                        'N  81 deg.43.10
                                                                      'W
                                                                        
                              Dry Tortugas                              
                                                                        
1...........................................  24 deg.45.70              
                                                        'N  82 deg.45.00
                                                                      'W
2...........................................  24 deg.22.20              
                                                        'N  82 deg.45.00
                                                                      'W
3...........................................  24 deg.22.00              
                                                        'N  82 deg.48.00
                                                                      'W
4...........................................  24 deg.25.30              
                                                        'N  82 deg.52.00
                                                                      'W
5...........................................  24 deg.34.00              
                                                        'N  82 deg.52.00
                                                                      'W
6...........................................  24 deg.34.00              
                                                        'N  82 deg.54.00
                                                                      'W
7...........................................  24 deg.37.00              
                                                        'N  82 deg.48.00
                                                                      'W
8...........................................  24 deg.40.00              
                                                        'N  82 deg.46.00
                                                                      'W
9...........................................  24 deg.42.00              
                                                        'N  82 deg.46.00
                                                                      'W
10..........................................  24 deg.43.90              
                                                        'N  82 deg.48.00
                                                                      'W
11..........................................  24 deg.43.50              
                                                        'N  82 deg.52.00
                                                                      'W
12..........................................  24 deg.45.90              
                                                        'N  82 deg.52.00
                                                                      'W
------------------------------------------------------------------------

Appendix V to Part 929---Sanctuary Preservation Areas

    The nineteen (19) zones consist of those portions of the 
Sanctuary which are located within the following geographic boundary 
coordinates based on North American Datum of 1983:

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
                             Alligator Reef                             
                                                                        
1...........................................  24 deg.51.2'              
                                                         N  80 deg.37.1'
                                                                       W
2...........................................  24 deg.50.8'              
                                                         N  80 deg.36.8'
                                                                       W
3...........................................  24 deg.50.4'              
                                                         N  80 deg.37.3'
                                                                       W
                                                                        
                     Carysfort/South Carysfort Reef                     
                                                                        
1...........................................  25 deg.14.1'              
                                                         N  80 deg.12.6'
                                                                       W
2...........................................  25 deg.13.7'              
                                                         N  80 deg.12.2'
                                                                       W
3...........................................  25 deg.12.2'              
                                                         N  80 deg.13.4'
                                                                       W
4...........................................  25 deg.12.5'              
                                                         N  80 deg.13.8'
                                                                       W
                                                                        
                              Cheeca Rocks                              
                                                                        
1...........................................  24 deg.54.5'              
                                                         N  80 deg.37.6'
                                                                       W
2...........................................  24 deg.54.3'              
                                                         N  80 deg.37.5'
                                                                       W
3...........................................  24 deg.54.2'              
                                                         N  80 deg.37.7'
                                                                       W
4...........................................  24 deg.54.5'              
                                                         N  80 deg.37.8'
                                                                       W
                                                                        
                              Coffins Patch                             
                                                                        
1...........................................  24 deg.41.1'              
                                                         N  80 deg.57.5'
                                                                       W
2...........................................  24 deg.40.6'              
                                                         N  80 deg.58.4'
                                                                       W
3...........................................  24 deg.41.5'              
                                                         N  80 deg.57.7'
                                                                       W
4...........................................  24 deg.41.1'              
                                                         N  80 deg.58.6'
                                                                       W
                                                                        
                               Conch Reef                               
                                                                        
1...........................................  24 deg.57.5'              
                                                         N  80 deg.27.4'
                                                                       W
2...........................................  24 deg.57.4'              
                                                         N  80 deg.27.3'
                                                                       W
3...........................................  24 deg.57.0'              
                                                         N  80 deg.27.7'
                                                                       W
4...........................................  24 deg.56.9'              
                                                         N  80 deg.27.6'
                                                                       W
                                                                        
                               Davis Reef                               
                                                                        
1...........................................  24 deg.55.6'              
                                                         N  80 deg.30.3'
                                                                       W
2...........................................  24 deg.55.3'              
                                                         N  80 deg.30.0'
                                                                       W
3...........................................  24 deg.55.1'              
                                                         N  80 deg.30.4'
                                                                       W
4...........................................  24 deg.55.4'              
                                                         N  80 deg.30.7'
                                                                       W
                                                                        
                                Dry Rocks                               
                                                                        
1...........................................  25 deg.7.6'N  80 deg.17.9'
                                                                       W
2...........................................  25 deg.7.4'N  80 deg.17.7'
                                                                       W
3...........................................  25 deg.7.3'N  80 deg.17.8'
                                                                       W
4...........................................  25 deg.7.4'N  80 deg.18.1'
                                                                       W
                                                                        
                              Grecian Rocks                             
                                                                        
1...........................................  25 deg.6.9'N  80 deg.18.2'
                                                                       W
2...........................................  25 deg.6.6'N  80 deg.17.9'
                                                                       W
3...........................................  25 deg.6.1'N  80 deg.18.5'
                                                                       W
4...........................................  25 deg.6.2'N  80 deg.18.6'
                                                                       W
5...........................................  25 deg.6.8'N  80 deg.18.6'
                                                                       W
                                                                        
                            Eastern Dry Rocks                           
                                                                        
1...........................................  24 deg.27.9'              
                                                         N  81 deg.50.5'
                                                                       W
2...........................................  24 deg.27.7'              
                                                         N  81 deg.50.4'
                                                                       W
3...........................................  24 deg.27.5'              
                                                         N  81 deg.50.6'
                                                                       W
4...........................................  24 deg.27.7'              
                                                         N  81 deg.50.8'
                                                                       W
                                                                        
                                The Elbow                               
                                                                        
1...........................................  25 deg.9.1'N  80 deg.15.4'
                                                                       W
2...........................................  25 deg.8.9'N  80 deg.15.1'
                                                                       W
3...........................................  25 deg.8.1'N  80 deg.15.7'
                                                                       W
4...........................................  25 deg.8.8'N  80 deg.15.7'
                                                                       W
                                                                        
                               French Reef                              
                                                                        
1...........................................  25 deg.2.2'N  80 deg.20.6'
                                                                       W
2...........................................  25 deg.1.8'N  80 deg.21.0'
                                                                       W
3...........................................  25 deg.2.3'N  80 deg.21.2'
                                                                       W
                                                                        
                            Hen and Chickens                            
                                                                        
1...........................................  24 deg.56.4'              
                                                         N  80 deg.32.9'
                                                                       W
2...........................................  24 deg.56.2'              
                                                         N  80 deg.32.7'
                                                                       W
3...........................................  24 deg.55.7'              
                                                         N  80 deg.33.1'
                                                                       W
4...........................................  24 deg.55.9'              
                                                         N  80 deg.33.3'
                                                                       W
                                                                        
                                Looe Key                                
                                                                        
1...........................................  24 deg.33.2'              
                                                         N  81 deg.24.2'
                                                                      W 
[[Page 16420]]                                                          
                                                                        
2...........................................  24 deg.32.6'              
                                                         N  81 deg.24.1'
                                                                       W
3...........................................  24 deg.32.4'              
                                                         N  81 deg.24.7'
                                                                       W
4...........................................  24 deg.33.1'              
                                                         N  81 deg.24.8'
                                                                       W
                                                                        
                              Molasses Reef                             
                                                                        
1...........................................  25 deg.0.9'N  80 deg.22.4'
                                                                       W
2...........................................  25 deg.0.7'N  80 deg.22.0'
                                                                       W
3...........................................  25 deg.0.2'N  80 deg.22.8'
                                                                       W
4...........................................  25 deg.0.7'N  80 deg.22.8'
                                                                       W
                                                                        
                           Newfound Harbor Key                          
                                                                        
1...........................................  24 deg.37.1'              
                                                         N  81 deg.23.3'
                                                                       W
2...........................................  24 deg.36.7'              
                                                         N  81 deg.23.8'
                                                                       W
3...........................................  24 deg.36.8'              
                                                         N  81 deg.23.3'
                                                                       W
4...........................................  24 deg.36.9'              
                                                         N  81 deg.23.9'
                                                                       W
                                                                        
                                Rock Key                                
                                                                        
1...........................................  24 deg.27.5'              
                                                         N  81 deg.51.3'
                                                                       W
2...........................................  24 deg.27.3'              
                                                         N  81 deg.51.2'
                                                                       W
3...........................................  24 deg.27.2'              
                                                         N  81 deg.51.5'
                                                                       W
4...........................................  24 deg.27.5'              
                                                         N  81 deg.51.6'
                                                                       W
                                                                        
                                Sand Key                                
                                                                        
1...........................................  24 deg.27.6'              
                                                         N  81 deg.53.1'
                                                                       W
2...........................................  24 deg.27.0'              
                                                         N  81 deg.53.1'
                                                                       W
3...........................................  24 deg.27.0'              
                                                         N  81 deg.52.3'
                                                                       W
4...........................................  24 deg.27.6'              
                                                         N  81 deg.52.3'
                                                                       W
                                                                        
                              Sombrero Key                              
                                                                        
1...........................................  24 deg.37.8'              
                                                         N  81 deg.6.7'W
2...........................................  24 deg.37.3'              
                                                         N  81 deg.6.1'W
3...........................................  24 deg.37.1'              
                                                         N  81 deg.6.8'W
                                                                        
                              Western Sambo                             
                                                                        
1...........................................  24 deg.29.1'              
                                                         N  81 deg.42.6'
                                                                       W
2...........................................  24 deg.28.8'              
                                                         N  81 deg.42.4'
                                                                       W
3...........................................  24 deg.28.6'              
                                                         N  81 deg.43.2'
                                                                       W
4...........................................  24 deg.28.9'              
                                                         N  81 deg.43.4'
                                                                       W
------------------------------------------------------------------------

Appendix VI to Part 929---Special Use Areas

    The four (4) zones consist of those portions of the Sanctuary 
which are located within the following geographic boundary 
coordinates based on North American Datum of 1983:

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
                       Conch Reef (Research Only)                       
                                                                        
1...........................................  24 deg.57.4'              
                                                         N  80 deg.27.3'
                                                                       W
2...........................................  24 deg.57.0'              
                                                         N  80 deg.27.0'
                                                                       W
3...........................................  24 deg.56.7'              
                                                         N  80 deg.27.4'
                                                                       W
4...........................................  24 deg.57.0'              
                                                         N  80 deg.27.7'
                                                                       W
                                                                        
                        Looe Key (Research Only)                        
                                                                        
1...........................................  24 deg.34.1'              
                                                         N  81 deg.23.3'
                                                                       W
2...........................................  24 deg.34.0'              
                                                         N  81 deg.23.2'
                                                                       W
3...........................................  24 deg.33.8'              
                                                         N  81 deg.23.8'
                                                                       W
4...........................................  24 deg.34.0'              
                                                         N  81 deg.23.9'
                                                                       W
                                                                        
                      Pelican Shoal (Research Only)                     
                                                                        
1...........................................  24 deg.30.3'              
                                                         N  81 deg.37.7'
                                                                       W
2...........................................  24 deg.30.0'              
                                                         N  81 deg.37.7'
                                                                       W
3...........................................  24 deg.30.0'              
                                                         N  81 deg.38.0'
                                                                       W
4...........................................  24 deg.30.2'              
                                                         N  81 deg.38.0'
                                                                       W
                                                                        
                     Tennessee Reef (Research Only)                     
                                                                        
1...........................................  24 deg.45.9'              
                                                         N  80 deg.45.6'
                                                                       W
2...........................................  24 deg.45.7'              
                                                         N  80 deg.45.4'
                                                                       W
3...........................................  24 deg.46.0'              
                                                         N  80 deg.44.9'
                                                                       W
4...........................................  24 deg.46.2'              
                                                         N  80 deg.45.1'
                                                                       W
------------------------------------------------------------------------

Appendix VII to Part 929---Coordinates for the Area to be Avoided

In the Vicinity of the Florida Keys

    (Reference Charts: United States 11466, 27th Edition--September 
1, 1990 and United States 11450, 4th Edition--August 11, 1990.)

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
1 25 deg.45.00'N 80 deg.06.10'W.............                            
2 25 deg.38.70'N 80 deg.02.70'W.............                            
3 25 deg.22.00'N 80 deg.03.00'W.............                            
4 25 deg.00.20'N 80 deg.13.40'W.............                            
5 24 deg.37.90'N 80 deg.47.30'W.............                            
6 24 deg.29.20'N 81 deg.17.30'W.............                            
7 24 deg.22.30'N 81 deg.43.17'W.............                            
8 24 deg.28.00'N 81 deg.43.17'W.............                            
9 24 deg.28.70'N 81 deg.43.50'W.............                            
10 24 deg.29.80'N 81 deg.43.17'W............                            
11 24 deg.33.10'N 81 deg.35.15'W............                            
12 24 deg.33.60'N 81 deg.26.00'W............                            
13 24 deg.38.20'N 81 deg.07.00'W............                            
14 24 deg.43.20'N 80 deg.53.20'W............                            
15 24 deg.46.10'N 80 deg.46.15'W............                            
16 24 deg.51.10'N 80 deg.37.10'W............                            
17 24 deg.57.50'N 80 deg.27.50'W............                            
18 25 deg.09.90'N 80 deg.16.20'W............                            
19 25 deg.24.00'N 80 deg.09.10'W............                            
20 25 deg.31.50'N 80 deg.07.00'W............                            
21 25 deg.39.70'N 80 deg.06.85'W............                            
22 25 deg.45.00'N 80 deg.06.10'W............                            
------------------------------------------------------------------------

In the Vicinity of Key West Harbor

    (Reference Chart: United States 11434, 21st Edition--August 11, 
1990.)

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
23 24 deg.27.95'N 81 deg.48.65'W............                            
24 24 deg.23.00'N 81 deg.53.50'W............                            
25 24 deg.26.60'N 81 deg.58.50'W............                            
26 24 deg.27.75'N 81 deg.55.70'W............                            
27 24 deg.29.35'N 81 deg.53.40'W............                            
28 24 deg.29.35'N 81 deg.50.00'W............                            
29 24 deg.27.95'N 81 deg.48.65'W............                            
------------------------------------------------------------------------

Area Surrounding the Marquesas Keys

    (Reference Chart: United States 11434, 21st Edition--August 11, 
1990.)

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
30 24 deg.26.60'N 81 deg.59.55'W............                            
31 24 deg.23.00'N 82 deg.03.50'W............                            
32 24 deg.23.60'N 82 deg.27.80'W............                            
33 24 deg.34.50'N 82 deg.37.50'W............                            
34 24 deg.43.00'N 82 deg.26.50'W............                            
35 24 deg.38.31'N 81 deg.54.06'W............                            
36 24 deg.37.91'N 81 deg.53.40'W............                            
37 24 deg.36.15'N 81 deg.51.78'W............                            
38 24 deg.34.40'N 81 deg.50.60'W............                            
39 24 deg.33.44'N 81 deg.49.73'W............                            
40 24 deg.31.20'N 81 deg.52.10'W............                            
41 24 deg.28.70'N 81 deg.56.80'W............                            
42 24 deg.26.60'N 81 deg.59.55'W............                            
------------------------------------------------------------------------

Area Surrounding the Dry Tortugas Islands

    (Reference Chart: United States 11434, 21st Edition--August 11, 
1990.)

------------------------------------------------------------------------
                    Point                       Latitude      Longitude 
------------------------------------------------------------------------
43 24 deg.32.00'N 82 deg.53.50'W............                            
44 24 deg.32.00'N 83 deg.00.05'W............                            
45 24 deg.39.70'N 83 deg.00.05'W............                            
46 24 deg.45.60'N 82 deg.54.40'W............                            
47 24 deg.45.60'N 82 deg.47.20'W............                            
48 24 deg.42.80'N 82 deg.43.90'W............                            
49 24 deg.39.50'N 82 deg.43.90'W............                            
50 24 deg.35.60'N 82 deg.46.40'W............                            
51 24 deg.32.00'N 82 deg.53.50'W............                            
------------------------------------------------------------------------

Appendix VIII to Part 929--Marine Life Rule

[As excerpted from Chapter 46-42 of the Florida Administrative Code]

46-42.001  Purpose and Intent; Designation of Restricted Species; 
Definition of ``Marine Life Species.''
46-42.002  Definitions.
46-42.003  Prohibition of Harvest: Longspine Urchin, Bahama 
Starfish.
46-42.0035  Live Landing and Live Well Requirements. [[Page 16421]] 
46-42.0036  Harvest in Biscayne National Park.*

    * Part 42.0036 is not set forth because it does not apply to the 
Sanctuary.
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46-42.004  Size Limits.
46-42.005  Bag Limits.
46-42.006  Commercial Season, Harvest Limits.
46-42.007  Gear Specifications and Prohibited Gear.
46-42.008  Live Rock.**

    ** Part 42.008 is not set forth because it is regulated pursuant 
to Sec. 929.5(2)(ii).
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46-42.001  Purpose and Intent; Designation of Restricted Species; 
Definition of ``Marine Life Species''.--
    (1)(a) The purpose and intent of this chapter are to protect and 
conserve Florida's tropical marine life resources and assure the 
continuing health and abundance of these species. The further intent 
of this chapter is to assure that harvesters in this fishery use 
nonlethal methods of harvest and that the fish, invertebrates, and 
plants so harvested be maintained alive for the maximum possible 
conservation and economic benefits.
    (b) It is the express intent of the Marine Fisheries Commission 
to phase out the landing of live rock harvested in federal Exclusive 
Economic Zone (EEZ) waters adjacent to state waters. Such harvest is 
and will continue to be prohibited in Florida waters, except that 
landing of live rock propagated through aquaculture will be allowed 
pursuant to the provisions of this chapter.
    (2) The following fish species, as they occur in waters of the 
state and in federal Exclusive Economic Zone (EEZ) waters adjacent 
to state waters, are hereby designated as restricted species 
pursuant to Section 370.01(20), Florida Statutes:
    (a) Moray eels--Any species of the Family Muraenidae.
    (b) Snake eels--Any species of the Genera Myrichthys and 
Myrophis of the Family Ophichthidae.
    (c) Toadfish--Any species of the Family Batrachoididae.
    (d) Frogfish--Any species of the Family Antennariidae.
    (e) Batfish--Any species of the Family Ogcocephalidae.
    (f) Clingfish--Any species of the Family Gobiesocidae.
    (g) Trumpetfish--Any species of the Family Aulostomidae.
    (h) Cornetfish--Any species of the Family Fistulariidae.
    (i) Pipefish/seahorses--Any species of the Family Syngnathidae.
    (j) Hamlet/seabass--Any species of the Family Serranidae, except 
groupers of the genera Epinephalus and Mycteroperca, and seabass of 
the genus Centropristis.
    (k) Basslets--Any species of the Family Grammistidae.
    (l) Cardinalfish--Any species of the Family Apogonidae.
    (m) High-hat, Jackknife-fish, Spotted drum, Cubbyu--Any species 
of the genus Equetus of the Family Sciaenidae.
    (n) Reef Croakers--Any of the species Odontocion dentex.
    (o) Sweepers--Any species of the Family Pempherididae.
    (p) Butterflyfish--Any species of the Family Chaetodontidae.
    (q) Angelfish--Any species of the Family Pomacanthidae.
    (r) Damselfish--Any species of the Family Pomacentridae.
    (s) Hawkfish--Any species of the Family Cirrhitidae.
    (t) Wrasse/hogfish/razorfish--Any species of the Family 
Labridae, except hogfish, Lachnolaimus maximus.
    (u) Parrotfish--Any species of the Family Scaridae.
    (v) Jawfish--Any species of the Family Opistognathidae.
    (w) Blennies--Any species of the Families Clinidae or 
Blenniidae.
    (x) Sleepers--Any species of the Family Eleotrididae.
    (y) Gobies--Any species of the Family Gobiidae.
    (z) Tangs and surgeonfish--Any species of the Family 
Acanthuridae.
    (aa) Filefish/triggerfish--Any species of the Family Balistes, 
except gray triggerfish, Balistidae capriscus.
    (bb) Trunkfish/cowfish--Any species of the Family Ostraciidae.
    (cc) Pufferfish/burrfish/balloonfish--Any of the following 
species:
    1. Balloonfish--Diodon holocanthus.
    2. Sharpnose puffer--Canthigaster rostrata.
    3. Striped burrfish--Chilomycterus schoepfi.
    (3) The following invertebrate species, as they occur in waters 
of the state and in federal Exclusive Economic Zone (EEZ) waters 
adjacent to state waters, are hereby designated as restricted 
species pursuant to Sec. 370.01(20), Florida Statutes:
    (a) Sponges--Any species of the Class Demospongia, except 
sheepswool, yellow, grass, glove, finger, wire, reef, and velvet 
sponges, Order Dictyoceratida.
    (b) Upside-down jellyfish--Any species of the Genus Cassiopeia.
    (c) Siphonophores/hydroids--Any species of the Class Hydrozoa, 
except fire corals, Order Milleporina.
    (d) Soft corals--Any species of the Subclass Octocorallia, 
except sea fans Gorgonia flabellum and Gorgonia ventalina.
    (e) Sea anemones--Any species of the Orders Actinaria, 
Zoanthidea, Corallimorpharia, and Ceriantharia.
    (f) Featherduster worms/calcareous tubeworms--Any species of the 
Families Sabellidae and Serpulidae.
    (g) Star-shells--Any of the species Astraea americana or Astraea 
phoebia.
    (h) Nudibranchs/sea slugs--Any species of the Subclass 
Opisthobranchia.
    (i) Fileclams--Any species of the Genus Lima.
    (j) Octopods--Any species of the Order Octopoda, except the 
common octopus, Octopodus vulgaris.
    (k) Shrimp--Any of the following species:
    1. Cleaner shrimp and peppermint shrimp--Any species of the 
Genera Periclimenes or Lysmata.
    2. Coral shrimp--Any species of the Genus Stenopus.
    3. Snapping shrimp--Any species of the Genus Alpheus.
    (l) Crabs--Any of the following species:
    1. Yellowline arrow crab--Stenorhynchus seticornis.
    2. Furcate spider or decorator crab--Stenocionops furcata.
    3. Thinstripe hermit crab--Clibanarius vittatus.
    4. Polkadotted hermit crab--Phimochirus operculatus.
    5. Spotted porcelain crab--Porcellana sayana.
    6. Nimble spray or urchin crab--Percnon gibbesi.
    7. False arrow crab--Metoporhaphis calcarata.
    (m) Starfish--Any species of the Class Asteroidea, except the 
Bahama starfish, Oreaster reticulatus.
    (n) Brittlestars--Any species of the Class Ophiuroidea.
    (o) Sea urchins--Any species of the Class Echinoidea, except 
longspine urchin, Diadema antillarum, and sand dollars and sea 
biscuits, Order Clypeasteroida.
    (p) Sea cucumbers--Any species of the Class Holothuroidea.
    (q) Sea lillies--Any species of the Class Crinoidea.
    (4) The following species of plants, as they occur in waters of 
the state and in federal Exclusive Economic Zone (EEZ) waters 
adjacent to state waters, are hereby designated as restricted 
species pursuant to Section 370.01(20), Florida Statutes:
    (a) Caulerpa--Any species of the Family Caulerpaceae.
    (b) Halimeda/mermaid's fan/mermaid's shaving brush--Any species 
of the Family Halimedaceae.
    (c) Coralline red algae--Any species of the Family 
Corallinaceae.
    (5) For the purposes of Section 370.06(2)(d), Florida Statutes, 
the term ``marine life species'' is defined to mean those species 
designated as restricted species in subsections (2), (3), and (4) of 
this rule.

Specific Authority 370.01(20), 370.027(2), 370.06(2)(d), F.S. Law 
Implemented 370.01(20), 370.025, 370.027, 370.06(2)(d), F.S. 
History--New 1-1-91, Amended 7-1-92.

46-42.002 Definitions.--As used in this rule chapter:
    (1) ``Barrier net,'' also known as a ``fence net,'' means a 
seine used beneath the surface of the water by a diver to enclose 
and concentrate tropical fish and which may be made of either nylon 
or monofilament.
    (2) ``Drop net'' means a small, usually circular, net with 
weights attached along the outer edge and a single float in the 
center, used by a diver to enclose and concentrate tropical fish.
    (3) ``Gorgonian,'' except for purposes of Rule 46-42.001, means 
any member of any species of the Subclass Octocorallia, except the 
species Gorgonia flabellum and Gorgonia ventalina.
    (4) ``Hand held net'' means a landing or dip net as defined in 
Rule 46-4.002(4), except that a portion of the bag may be 
constructed of clear plastic material, rather than mesh.
    (5) ``Harvest'' means the catching or taking of a marine 
organism by any means whatsoever, followed by a reduction of such 
organism to possession. Marine organisms that are caught but 
immediately returned to [[Page 16422]] the water free, alive, and 
unharmed are not harvested. In addition, temporary possession of a 
marine animal for the purpose of measuring it to determine 
compliance with the minimum or maximum size requirements of this 
chapter shall not constitute harvesting such animal, provided that 
it is measured immediately after taking, and immediately returned to 
the water free, alive, and unharmed if undersize or oversize.
    (6) ``Harvest for commercial purposes'' means the taking or 
harvesting of any tropical ornamental marine life species or 
tropical ornamental marine plant for purposes of sale or with intent 
to sell. The harvest of tropical ornamental marine life species or 
tropical ornamental marine plants in excess of the bag limit shall 
constitute prima facie evidence of intent to sell.
    (7) ``Land,'' when used in connection with the harvest of marine 
organisms, means the physical act of bringing the harvested organism 
ashore.
    (8) ``Live rock''- see definition in section 929.3
    (9) ``Slurp gun'' means a self-contained, handheld device that 
captures tropical fish by rapidly drawing seawater containing such 
fish into a closed chamber.
    (10) ``Total length'' means the length of a fish as measured 
from the tip of the snout to the tip of the tail.
    (11) ``Trawl'' means a net in the form of an elongated bag with 
the mouth kept open by various means and fished by being towed or 
dragged on the bottom. ``Roller frame trawl'' means a trawl with all 
of the following features and specifications:
    (a) A rectangular rigid frame to keep the mouth of the trawl 
open while being towed.
    (b) The lower horizontal beam of the frame has rollers to allow 
the trawl to roll over the bottom and any obstructions while being 
towed.
    (c) The trawl opening is shielded by a grid of vertical bars 
spaced no more than 3 inches apart.
    (d) The trawl is towed by attaching a line or towing cable to a 
tongue located above or at the center of the upper horizontal beam 
of the frame.
    (e) The trawl has no doors attached to keep the mouth of the 
trawl open.
    (12) ``Tropical fish'' means any species included in subsection 
(2) of Rule 46-42.001, or any part thereof.
    (13) ``Tropical ornamental marine life species'' means any 
species included in subsections (2) or (3) of Rule 46-42.001, or any 
part thereof.
    (14) ``Tropical ornamental marine plant'' means any species 
included in subsection (4) of Rule 46-42.001.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91, Amended 7-1-92.

46-42.003  Prohibition of Harvest: Longspine Urchin, Bahama 
Starfish.-- No person shall harvest, possess while in or on the 
waters of the state, or land any of the following species:
    (1) Longspine urchin, Diadema antillarum.
    (2) Bahama starfish, Oreaster reticulatus.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91, Amended 7-1-92.

46-42.0035  Live Landing and Live Well Requirements.--
    (1) Each person harvesting any tropical ornamental marine life 
species or any tropical ornamental marine plant shall land such 
marine organism alive.
    (2) Each person harvesting any tropical ornamental marine life 
species or any tropical ornamental marine plant shall have aboard 
the vessel being used for such harvest a continuously circulating 
live well or aeration or oxygenation system of adequate size and 
capacity to maintain such harvested marine organisms in a healthy 
condition.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 7-1-92.

46-42.004  Size Limits.--
    (1) Angelfishes.--
    (a) No person harvesting for commercial purposes shall harvest, 
possess while in or on the waters of the state, or land any of the 
following species of angelfish, of total length less than that set 
forth below:
    1. One-and-one-half (1 1/2) inches for:
    a. Gray angelfish (Pomacanthus arcuatus).
    b. French angelfish (Pomacanthus paru).
    2. One-and-three-quarters (1 3/4) inches for:
    a. Blue angelfish (Holacanthus bermudensis).
    b. Queen angelfish (Holacanthus ciliaris).
    3. Two (2) inches for rock beauty (Holacanthus tricolor).
    (b) No person shall harvest, possess while in or on the waters 
of the state, or land any angelfish (Family Pomacanthidae), of total 
length greater than that specified below:
    1. Ten (10) inches for angelfish, except rock beauty 
(Holacanthus tricolor).
    2. Six (6) inches for rock beauty.
    (c) Except as provided herein, no person shall purchase, sell, 
or exchange any angelfish smaller than the limits specified in 
paragraph (a) or larger than the limits specified in paragraph (b). 
This prohibition shall not apply to angelfish legally harvested 
outside of state waters or federal Exclusive Economic Zone (EEZ) 
waters adjacent to state waters, which angelfish are entering 
Florida in interstate or international commerce. The burden shall be 
upon any person possessing such angelfish for sale or exchange to 
establish the chain of possession from the initial transaction after 
harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of 
lading, and any customs receipts, and to show that such angelfish 
originated from a point outside the waters of the State of Florida 
or federal Exclusive Economic Zone (EEZ) waters adjacent to Florida 
waters and entered the state in interstate or international 
commerce. Failure to maintain such documentation or to promptly 
produce same at the request of any duly authorized law enforcement 
officer shall constitute prima facie evidence that such angelfish 
were harvested from Florida waters or adjacent EEZ waters for 
purposes of this paragraph.
    (2) Butterflyfishes.--
    (a) No person harvesting for commercial purposes shall harvest, 
possess while in or on the waters of the state, or land any 
butterflyfish (Family Chaetodontidae) of total length less than one 
(1) inch.
    (b) No person shall harvest, possess while in or on the waters 
of the state, or land any butterflyfish of total length greater than 
4 inches.
    (3) Gobies--No person shall harvest, possess while in or on the 
waters of the state, or land any gobie (Family Gobiidae) of total 
length greater than 2 inches.
    (4) Jawfishes--No person shall harvest, possess while in or on 
the waters of the state, or land any jawfish (Family 
Opistognathidae) of total length greater than 4 inches.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91, Amended 7-1-92.

46-42.005  Bag limit.--
    (1) Except as provided in Rule 46-42.006 or subsections (3) or 
(4) of this rule, no person shall harvest, possess while in or on 
the waters of the state, or land more than 20 individuals per day of 
tropical ornamental marine life species, in any combination.
    (2) Except as provided in Rule 46-42.006, no person shall 
harvest, possess while in or on the waters of the state, or land 
more than one (1) gallon per day of tropical ornamental marine 
plants, in any combination of species.
    (3) Except as provided in Rule 46-42.006, no person shall 
harvest, possess while in or on the waters of the state, or land 
more than 5 angelfishes (Family Pomacanthidae) per day. Each 
angelfish shall be counted for purposes of the 20 individual bag 
limit specified in subsection (1) of this rule.
    (4)(a) Unless the season is closed pursuant to paragraph (b), no 
person shall harvest, possess while in or on the waters of the 
state, or land more than 6 colonies per day of gorgonians. Each 
colony of gorgonian or part thereof shall be considered an 
individual of the species for purposes of subsection (1) of this 
rule and shall be counted for purposes of the 20 individual bag 
limit specified therein.
    (b) If the harvest of gorgonians in federal Exclusive Economic 
Zone (EEZ) waters adjacent to state waters is closed to all 
harvesters prior to the end of any calendar year, the season for 
harvest of gorgonians in state waters shall also close until the 
following January 1, upon notice given by the Executive Director of 
the Department of Natural Resources, in the manner provided in s. 
120.52(16)(d), Florida Statutes.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91.
46-42.006  Commercial Season, Harvest Limits.--
    (1) Except as provided in Rule 46-42.008(7), no person shall 
harvest, possess while in or on the waters of the state, or land 
quantities of tropical ornamental marine life species or tropical 
ornamental marine plants in excess of the bag limits established in 
Rule 46-42.005 unless such person possesses a valid saltwater 
products license with both a marine life fishery endorsement and a 
restricted species endorsement issued by the Department of Natural 
Resources.
    (2) Persons harvesting tropical ornamental marine life species 
or tropical ornamental marine plants for commercial purposes shall 
have a season that begins on January 1 of [[Page 16423]] each year 
and continues through December 31 of the same year. These persons 
shall not harvest, possess while in or on the waters of the state, 
or land tropical ornamental marine life species in excess of the 
following limits:
    (a) A limit of 75 angelfish (Family Pomacanthidae) per person 
per day or 150 angelfish per vessel per day, whichever is less.
    (b) A limit of 75 butterflyfishes (Family Chaetodontidae) per 
vessel per day.
    (c) There shall be no limits on the harvest for commercial 
purposes of gorgonians unless and until the season for all harvest 
of gorgonians in federal Exclusive Economic Zone (EEZ) waters 
adjacent to state waters is closed. At such time, the season for 
harvest of gorgonians in state waters shall also close until the 
following January 1, upon notice given by the Executive Director of 
the Department of Natural Resources, in the manner provided in 
Section 120.52(16)(d), Florida Statutes.
    (d) A limit of 200 giant Caribbean or ``pink-tipped'' anemones 
(Condylactus gigantea) per vessel per day.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91, Amended 7-1-92.

46-42.007  Gear Specifications and Prohibited Gear.
    (1) The following types of gear shall be the only types allowed 
for the harvest of any tropical fish, whether from state waters or 
from federal Exclusive Economic Zone (EEZ) waters adjacent to state 
waters:
    (a) Hand held net.
    (b) Barrier net, with a mesh size not exceeding 3/4 inch 
stretched mesh.
    (c) Drop net, with a mesh size not exceeding 3/4 inch stretched 
mesh.
    (d) Slurp gun.
    (e) Quinaldine may be used for the harvest of tropical fish if 
the person using the chemical or possessing the chemical in or on 
the waters of the state meets each of the following conditions:
    1. The person also possesses and maintains aboard any vessel 
used in the harvest of tropical fish with quinaldine a special 
activity license authorizing the use of quinaldine, issued by the 
Division of Marine Resources of the Department of Natural Resources 
pursuant to Section 370.08(8), Florida Statutes.
    2. The quinaldine possessed or applied while in or on the waters 
of the state is in a diluted form of no more than 2% concentration 
in solution with seawater. Prior to dilution in seawater, quinaldine 
shall only be mixed with isopropyl alcohol or ethanol.
    (f) A roller frame trawl operated by a person possessing a valid 
live bait shrimping license issued by the Department of Natural 
Resources pursuant to Section 370.15, Florida Statutes, if such 
tropical fish are taken as an incidental bycatch of shrimp lawfully 
harvested with such trawl.
    (g) A trawl meeting the following specifications used to collect 
live specimens of the dwarf seahorse, Hippocampus zosterae, if towed 
by a vessel no greater than 15 feet in length at no greater than 
idle speed:
    1. The trawl opening shall be no larger than 12 inches by 48 
inches.
    2. The trawl shall weigh no more than 5 pounds wet when weighed 
out of the water.
    (2) This rule shall not be construed to prohibit the use of any 
bag or container used solely for storing collected specimens or the 
use of a single blunt rod in conjunction with any allowable gear, 
which rod meets each of the following specifications:
    (a) The rod shall be made of nonferrous metal, fiberglass, or 
wood.
    (b) The rod shall be no longer than 36 inches and have a 
diameter no greater than 3/4 inch at any point.
    (3) No person shall harvest in or from state waters any tropical 
fish by or with the use of any gear other than those types specified 
in subsection (1); provided, however, that tropical fish harvested 
as an incidental bycatch of other species lawfully harvested for 
commercial purposes with other types of gear shall not be deemed to 
be harvested in violation of this rule, if the quantity of tropical 
fish so harvested does not exceed the bag limits established in Rule 
46-42.005.

Specific Authority 370.027(2), F.S. Law Implemented 370.025, 
370.027, F.S. History: New 1-1-91, Amended 7-1-92.

PART 937--[REMOVED AND RESERVED]

    2. Part 937 is removed and reserved.

[FR Doc. 95-7669 Filed 3-29-95; 8:45 am]
BILLING CODE 3510-12-P