# 60 FR 16399: Florida Keys National Marine Sanctuary Proposed Regulations

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-7669

## Section

- **Citation:** 60 FR 16399
- **Heading:** Florida Keys National Marine Sanctuary Proposed Regulations
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 60 / 60 FR 16399

## Text

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,
educational, and aesthetic qualities of the Florida Keys
coastal and ocean waters and the submerged lands thereunder.
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,
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
aw 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
ions.
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
iority 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
nd 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
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
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
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
n 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
uary 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
oreward 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
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
m
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
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
m 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
anctuary, 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
nd 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 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
r
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
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:
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
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
s, 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,
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
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.
ree (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
rdance 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
e 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
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 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
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
he 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
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
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
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
``facilitated use areas'', as appropriate, to protect
the Sanctuary resources and qualities and allow for multiple,
compatible uses within the Sanctuary
blishes 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
``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
k 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
s, 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
thods 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
ssion-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
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
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
ion. 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
e 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
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
sportation 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
rohibited 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 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
under
section 3504(h) of the 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
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:
alties, 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.
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.
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 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
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.
ds.
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)
nots 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
talliferous 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
ltering 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 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
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 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.
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
essel 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).
ithin 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.
ng 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;
(iii) Installation and maintenance of navigational aids by, or
pursuant to valid authorization by, any Federal, State, or local
authority of competent jurisdiction;
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;
(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
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.
pths 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.
y 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.
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
reasonably necessary to protect Sanctuary resources and
qualities
e, 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
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
nt 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).
d 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):
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.
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'',

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-7669. Check the current official text before relying on it. Not legal advice.