[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Notices]
[Pages 30287-30288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14070]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration


Notice of Closure Areas To Conduct Restoration Activities in the 
Key Largo National Marine Sanctuary, Within the Florida Keys National 
Marine Sanctuary

AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and 
Coastal Resource Management (OCRM), National Ocean Service (NOS), 
National Oceanic and Atmospheric Administration (NOAA), Department of 
Commerce (DOC).

ACTION: Notice.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
will temporarily close to public access two specified areas of the Key 
Largo National Marine Sanctuary (KLNMS), within the Florida Keys 
National Marine Sanctuary (FKNMS) between June 15 to September 15, 
1995. The areas will be closed in order for NOAA, the U.S. Army Corps 
of Engineers (COE), and authorized contractors to conduct construction 
restoration activities to restore coral reefs and associated Sanctuary 
resources injured or destroyed as a result of the M/V Elpis and M/V 
Alec Owen Maitland grounding incidents, which occurred on October 25, 
and November 11, 1989, respectively. During the period for which the 
areas are closed, public access will be prohibited in order to 
efficiently allow and implement restoration and recovery activities, 
and to ensure protection of life and property during these complex 
construction activities.

FOR FURTHER INFORMATION CONTACT:
Dr. Charles M. Wahle, Chief, Technical Projects Branch, Sanctuaries and 
Reserves Division, National Oceanic and Atmospheric Administration, 
1305 East West Highway, SSMC4, 12th Floor, Silver Spring, Maryland 
20910. 301-713-3141.

SUPPLEMENTARY INFORMATION: In accordance with the National Marine 
Sanctuaries Act (NMSA), Florida Keys National Marine Sanctuary and 
Protection Act (FKNMSPA), and particularly the KLNMS regulations at 15 
CFR Part 929.7(b), NOAA will temporarily close to public access 
specified areas of the KLNMS, within the FKNMS.

Background

    On October 25, and November 11, 1989, two large freighters grounded 
within the KLNMS, now part of the KFNMS. These groundings, as well as 
subsequent attempts by the operators to free the vessels from the reef, 
resulted in significant injuries to the reef substrate and resident 
marine organisms. Coral colonies, sponges and sea fans at the site were 
destroyed and attempts to free the vessels created holes in the reef's 
surface. In addition, the resulting debris continues to threaten living 
resources in the vicinity of the grounding site. Since the groundings, 
the excavations have expanded and will continue to do so in the absence 
of restoration efforts.
    Section 312 of the NMSA authorizes NOAA to pursue civil actions to 
recover response costs and damages from parties who destroy, cause the 
loss of, or injury Sanctuary resources. Damage claims include, among 
other things, the cost of restore, replace, or acquire the equivalent 
of destroyed, lost or injured Sanctuary resources; the value of lost 
uses pending recovery of Sanctuary resources; the cost of conducting 
damage assessments; and the reasonable costs of monitoring. NOAA 
pursued natural resource damage actions under the NMSA to recover costs 
and damages from the responsible parties in order to restore the 
damaged reefs. The two grounding cases were settled in 1991 and the 
recovered monies are being used by NOAA to fund the coral reef 
restoration efforts.
    NOAA, COE and authorized contractors will implement coral reef 
restoration work at the two grounding sites/Closure Areas in the KLNMS. 
The first phase of this project will be to stabilize the damaged reef 
habitat and re-create the overall physical structure of the coral reef 
surface, thereby enhancing rates of recovery of the coral communities 
that exited prior to the groundings.
    At Closure Area 1, 40 large, pre-cast concrete structures will be 
placed over [[Page 30288]] the unstable excavations in the reef's 
surface which were caused by these groundings, and then cemented 
together. At Closure Area 2, quarried limestone boulders will be placed 
in large blow holes and sand poured around the boulders to form a 
continuous natural surface. These structures will recreate typical 
three-dimensional habitat relief and act as a stable, natural framework 
on which coral may be transplanted and coral larvae can colonize, 
thereby increasing the habitat value of the area.
    Section 929.7(b) of the KLNMS regulations provide for closing to 
public use the KLNMS, or certain areas therein, in the event of 
emergency conditions endangering life or property, and/or to permit 
recovery of the living resources from overuse, or provide scientific 
research relating to protection and management. NOAA has deemed it 
necessary to close these two areas to public use to efficiently 
implement coral reef restoration and recovery activities and to ensure 
the protection of life and property during the conduct of such 
activities. Heavy construction materials and equipment (e.g., barges 
and cranes, concrete structures, and boulders) will be used at both 
sites to conduct the coral reef restoration activities. Consequently, 
it is necessary to secure a work area that adequately protects persons 
working on the site and the general public, as well as the equipment 
used to conduct the coral reef restoration activities. However, to 
minimize disruption of public access to the area, NOAA will close only 
the amount of area necessary to complete these coral reef restoration 
activities, including buffer zones to moor support vessels and provide 
an extra margin of public safety. Furthermore, these areas will be 
closed no longer than necessary to complete the coral restoration 
activities.
Locations and Boundaries of Closure Areas

    The two Closure Areas are located approximately 5.6 nautical miles 
offshore northern Key Largo, or 40 nautical miles south-southwest of 
Government Cut at Miami Beach. The total area of the two Closure Areas 
consists of approximately one-half of a square nautical mile (snm), or 
one-quarter snm per site. The total area closed includes less than one 
percent of the total area of the KLNMS. The boundary of these exclusion 
areas will be marked by visible buoys.
    Closure Area 1 (Maitland site) is approximately 1.5 nautical miles 
south-southwest of the Carysfort Light. Closure Area 1 is bounded by 
the following coordinates:

------------------------------------------------------------------------
           State Plane Coordinates                                      
     ----------------------------------     Latitude        Longitude   
          Northing         Easting                                      
------------------------------------------------------------------------
A           316,430 N        755,480 E      25 deg. 12'                 
                                                9.0'' N      80 deg. 13'
                                                                37.6'' W
B           315,705 N        756,810 E      25 deg. 12'                 
                                                1.8'' N      80 deg. 13'
                                                                23.2'' W
C           314,380 N        756,085 E      25 deg. 11'                 
                                               48.7'' N      80 deg. 13'
                                                                31.1'' W
D           315,105 N        754,770 E      25 deg. 11'                 
                                               56.0'' N      80 deg. 13'
                                                                45.4'' W
------------------------------------------------------------------------

    Closure Area 2 (Elpis site) is approximately 0.25 nautical miles 
east-northeast of the Elbow Reef Light. Closure Area 2 is bounded by 
the following coordinates:

------------------------------------------------------------------------
           State Plane Coordinates                                      
     ----------------------------------     Latitude        Longitude   
          Northing         Easting                                      
------------------------------------------------------------------------
E           296,955 N        746,345 E       25 deg. 8'                 
                                               56.7'' N      80 deg. 15'
                                                                18.3'' W
F           297,860 N        747,410 E       25 deg. 9'                 
                                                5.6'' N      80 deg. 15'
                                                                 6.6'' W
G           296,840 N        748,265 E       25 deg. 8'                 
                                               55.4'' N      80 deg. 14'
                                                                57.3'' W
H           295,675 N        746,880 E       25 deg. 8'                 
                                               43.9'' N      80 deg. 15'
                                                                12.5'' W
I           296,310 N        746,340 E       25 deg. 8'                 
                                               50.3'' N      80 deg. 15'
                                                                18.3'' W
------------------------------------------------------------------------

Time frame

    Closure Areas 1 and 2 will be closed to public access from June 15 
to September 15, 1995. Notice of the removal of the Closure Areas 
restriction will be issued by NOAA once coral reef restoration 
activities are completed.

Penalties

    Pursuant to the NMSA, regulations at 15 CFR Part 922, and KLNMS 
regulations at 15 CFR Sec. 929.9, any violation of the NMSA or 
regulations, including unauthorized entry into the Closure Areas, is 
subject to a Maximum civil penalty of $100,000 per violation per day. 
Furthermore, the NMSA and regulations authorize a proceeding in rem 
against any vessel used in violation of any such regulation.
    Section 929.7(b) of the LKNMS regulations provides that public 
notice of closures will be provided through local news media and 
posting of placards at the John Pennekamp Coral Reef State Park, if 
deemed necessary. In addition to providing notice in the Federal 
Register, NOAA will provide public notice of the closures in a notice 
to mariners, local newspaper notices, bulletin boards, and brochures.

    Dated: June 2, 1995.
W. Stanley Wilson,
Assistant Administrator for Ocean Services and Coastal Zone Management.
[FR Doc. 95-14070 Filed 6-7-95; 8:45 am]
BILLING CODE 3510-08-M