Key Largo Coral Reef 
 Marine Sanctuary 
 
 Management Pian 
 
 September, 1979 
 
 
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 Management Plan 
 
 September, 1979 
 
 U.S. DEPARTMENT OF COMMERCE 
 
 Junamta M. Kreps, Secretary 
 
 National Oceanic and Atmospheric Administration 
 
 Richard A. Frank, Administrator 
 
 Office of Coastal Zone Management 
 Robert W. Knecht, Assistant Administrator 
 
Digitized by the Internet Archive 
 
 in 2012 with funding from 
 
 LYRASIS Members and Sloan Foundation 
 
 http://www.archive.org/details/keylargocoralreeOOnati 
 
foreword 
 
 The reefs at Key Largo are the most extensive coral com- 
 munities along the continental United States and provide 
 more than 400,000 visitors a year recreational enjoyment. 
 
 Because of their unique value, 100 sguare miles encom- 
 passing these coral reefs were designated a Marine Sanctuary 
 in 1975 by the Secretary of Commerce. 
 
 This is the first in a series of management plans for our 
 Marine Sanctuaries. It explains the purpose of the Key Largo 
 Coral Reef Marine Sanctuary, describes the coral reef eco- 
 system we are protecting, details what threatens the 
 resource, and summarizes what the National Oceanic and 
 Atmospheric Administration's Office of Coastal Zone 
 Management plans to do to manage and conserve this 
 national treasure. 
 
 Robert W. Knecht 
 Assistant Administrator 
 
table of contents 
 
 SUMMARY 7 
 
 INTRODUCTION 9 
 
 Marine Sanctuary Purpose and Authority 9 
 
 Boundaries 9 
 
 Regional Map 11 
 
 MARINE SANCTUARY RESOURCES 13 
 
 Natural Resources 13 
 
 Coral Reefs 13 
 
 Hardgrounds 14 
 
 Grass Community 14 
 
 Natural Resource Map 15 
 
 Sand Community 17 
 
 Commercially Important Species 17 
 
 Cultural Resources 17 
 
 Carysfort Reef Lighthouse 17 
 
 Shipwrecks 18 
 
 Cultural Resource Map 19 
 
 Christ of the Deep 21 
 
 Carysfort Reef Lighthouse (Illustration) 21 
 
 IMPACTS ON THE RESOURCE 22 
 
 Human Impact 22 
 
 Visitor Use 22 
 
 Dredge and Fill Activities 23 
 
 Channelization 23 
 
 Land Development 23 
 
 Water Pollution 23 
 
 Diving 24 
 
 Fishing 24 
 
 Anchoring and Boat Groundings 24 
 
 Most Used Areas 24 
 
 Visitor Use Map 25 
 
 MANAGEMENT PLAN 29 
 
 Office of Coastal Zone Management 29 
 
 Onsite Manager 29 
 
 Enforcement and Surveillance 29 
 
 Violation Procedure 29 
 
 Research and Permits 30 
 
 Education 30 
 
 Interagency Cooperation 31 
 
 Management Accomplishments 31 
 
 Management Goals 32 
 
 BIBLIOGRAPHY 34 
 
 APPENDICES 40 
 
 Legislation 40 
 
 Rules and Regulations 44 
 
 Memorandum of Understanding 47 
 
summary 
 
 This plan describes what is known about the resources in the Key Largo Coral Reef Marine 
 Sanctuary and summarizes the impacts humans have on the resources. It outlines the research 
 needed to answer specific management questions and describes how the resources are being 
 protected through education and enforcement of regulations. 
 
 Coral reefs are the most productive and diverse of all the natural marine communities and the 
 reef areas off Key Largo are particularly luxuriant. The Sanctuary contains four distinct biologi- 
 cal zones: 
 
 • Coral reef areas consisting of reef banks at the seaward edge of the shelf margin and numer- 
 ous patch reefs on the landward side; 
 
 • Hardground areas veneered with hard and soft corals; 
 
 • Marine grass areas, which serve as nursery areas for many important organisms; 
 
 • Sand areas interspersed with patches of grass or occurring as haloes around patch reefs. 
 
 Populations of spiny lobster and stone crabs, which are commercially important, and recrea- 
 tional species such as grouper, snapper, dolphin, and pompano also are found within the Sanc- 
 tuary. The area contains many structures and objects such as lighthouses, sunken ships, and 
 associated artifacts, and a bronze statue of Christ of the Deep, significant for their cultural 
 value. 
 
 South Florida is one of the fastest growing urban areas in the country. It is unclear what ef- 
 fect dredging and filling, channelization, municipal and industrial discharges, and air pollution 
 associated with this growth have had on the marine environment off Key Largo. Nevertheless, 
 the impact of 400,000 visitors a year is visible: broken and overturned corals, discarded 
 beverage containers and fishing line, and scarred patches on grassy areas all attest to improper 
 operation of boats and carelessness on the part of some visitors. 
 
 Overall management of the Sanctuary is the responsibility of the NOAA Office of Coastal 
 Zone Management and day-to-day management at the site has been delegated to the Florida 
 Department of Natural Resources. 
 
 Protection of the resources cannot be accomplished without effective surveillance of the 
 area and enforcement of the regulations. These functions are accomplished by the Florida 
 Department of Natural Resources and the U.S. Coast Guard. Cases involving violation of the 
 regulations are handled by the NOAA Office of General Counsel through civil proceedings. 
 
 Scientific data on the Sanctuary so far has been restricted to basic hydrographic, environ- 
 mental, and biological studies. Little research to date has been designed to come to grips with 
 specific management problems or to address any long-term environmental questions. During 
 the next 5 years, therefore, NOAA will give the highest priority to conducting field studies, car- 
 rying out laboratory projects, and monitoring biological and sociological aspects of the Sanc- 
 tuary. Such information will increase the understanding of the resources and assess the impact 
 of human pressures on the Sanctuary environment. 
 
 Included will be a biological inventory in 1979 and 1980 that will provide baseline data on the 
 distribution, diversity, and abundance of reef organisms. By comparing these data with the 
 results of inventories to be carried out in 1985 and 1990, managers will be able to determine if 
 conditions in the Sanctuary are getting better or worse, and will be able to restructure their 
 management plans if conditions warrant. 
 
 In addition, two other crucial studies are scheduled for the Sanctuary: a reef health assess- 
 ment (also in 1979 and 1980) to estimate the percentage of live coral versus dead coral cover on 
 the reef and document the extent of coral disease and anchor damage; and a water quality 
 assessment (primarily in 1980) to determine if such factors as organic pollutants, nutrients, 
 temperature, salinity, and turbidity are conducive to coral proliferation. In both instances, the 
 information will provide baseline data to which future studies can be compared. 
 
In 1979, NOAA, in cooperation with the Harbor Branch Foundation, will carry out a deep- 
 water survey of the Sanctuary. Approximately half of the Sanctuary lies in waters between 100 
 and 300 feet (30-90 m). Because previous research in the area has been limited to waters no 
 deeper than 100 feet (30 m), NOAA considers it important to fill this significant gap. The agen- 
 cy will examine in detail, using side scan sonar, a magnetometer, and submarines, a deep water 
 reef discovered in 1973. The survey will gather information on the location of this and other 
 deepwater reefs, their associated organisms, and archaeological resources. 
 
 Finally, a series of special studies in 1981 , 1984, 1987 will be carried out. These will deal with 
 specific rather than general aspects of the Sanctuary and may include a lobster assessment, 
 coral disease studies, anchor damage studies, cultural research and development, and other 
 special items of interest derived from the results of baseline studies. 
 
 To supplement this research, NOAA, in cooperation with the Florida Department of Natural 
 Resources, will monitor, on a monthly basis, permanent stations set up at environmentally dif- 
 ferent locations. The monitoring will include observation of coral diseases, mortality, growth, 
 and recruitment; measurement of sedimentation, temperature, salinity, and turbidity; assess- 
 ment of anchor damage, diver damage, or other user-related impacts; photographic documen- 
 tation of representative coral colonies; and life history observations of other invertebrates in the 
 Sanctuary. 
 
introduction 
 
 Southeast of the Florida peninsula, where the Keys begin their extension into the Gulf of Mex- 
 ico, lies one of nature's oldest and most artfully crafted underwater gardens: the Key Largo 
 Coral Reef Marine Sanctuary. Encompassing 100 sguare miles (259 square kilometers) of 
 submerged coral architecture, it rivals in structure and color the most variegated natural land 
 formations. 
 
 The coral ecosystem that spans the Atlantic side of the Florida Keys is the most extensive liv- 
 ing coral reef system in the continental United States. Sculptured over thousands of years, the 
 reef tract at Key Largo has thrived because the Key's continuous land mass provides a natural 
 barrier to pollutants, turbidity, and cold and fresh water. 
 
 But the reef is important not only for its breathtaking beauty. The coral acts as a self repairing 
 breakwater that shelters the land against the violence of ocean storms and hurricanes by 
 dissipating the energy of oncoming waves. It provides food and habitats for much of the marine 
 life that makes the Florida Keys one of the world's finest commercial and sport fishing areas. 
 
 The reef corals and calcareous algae are a major source of sand, which is essential for the 
 growth of seagrass meadows that are the habitat for thousands of organisms. The reef also 
 serves as a living laboratory, attracting scientists from all over the world who study and learn 
 about the inhabitants of this world. Finally, the economy of the Keys depends almost entirely 
 on tourism, and the reefs are its backbone, attracting thousands of sightseers, fishermen, and 
 divers every year. 
 
 Over the years, the immense popularity of the reefs for recreation, coupled with human- 
 induced changes to the environment, have seriously threatened the corals' existence. Recrea- 
 tion-related activities— dropping anchors on coral, disturbance of the coral by divers, improper 
 use of nets and traps by fishermen, and the collection of coral for personal or commercial pur- 
 poses—have damaged the coral community- In addition, man's development activities in the 
 Keys and South Florida — dredging, filling, channelization, and pollution — have also contri- 
 buted to the reef's environmental stress. 
 
 Marine Sanctuary Purpose and Authority 
 
 In 1972, Congress enacted the Marine Protection, Research and Sanctuaries Act (Public Law 
 92-532, 16 U.S.C. 1431 etseq., Section 302 [a]). Title III of the Act directs the Secretary of 
 Commerce to designate ocean waters as Marine Sanctuaries for the purpose of preserving or 
 restoring their conservational, recreational, ecological, or esthetic values. The reef system off 
 Key Largo was nominated for Marine Sanctuary status to protect and preserve the coral reef 
 ecosystem in its natural state, regulate uses within the Marine Sanctuary, insure the health and 
 well-being of the coral and associated flora and fauna, and guarantee its continued esthetic and 
 recreational appeal. The Key Largo Coral Reef Marine Sanctuary was designated by the 
 Secretary of Commerce on December 18, 1975. It is adjacent to the John Pennekamp Coral 
 Reef State Park, which was established by Florida in 1961 to insure protection of the reefs in 
 State waters. Regulations are issued under the authorities of Section 302(f), 302(g), and 303 of 
 the Act. 
 
 Boundaries 
 
 The Marine Sanctuary is less than 60 miles (96 km) from the highly urbanized city of Miami via 
 an overseas highway (U.S. 1) that connects Key West to the Florida mainland (Fig. 1). The 
 Marine Sanctuary is part of the Atlantic Ocean beginning 3 miles (4.8 km) seaward of Key 
 Largo, Fla. , and extending out to the 300-foot (92-m) isobath on the continental shelf. It is ap- 
 proximately 20 miles (32 km) in length and varies from 3 to 6 miles (5-9 km) in width. 
 
There are also two other coral preserves that protect the reef ecosystem in this area ( Fig. 1 ) . 
 To the west and sharing a common boundary with the Marine Sanctuary, lies John Pennekamp 
 Coral Reef State Park, established in 1961. It protects the waters from Key Largo seaward to 
 the State's 3-mile (4.8 km) territorial limit. North of the Marine Sanctuary lies Biscayne National 
 Monument. It shares part of its boundary with the Marine Sanctuary and not only protects the 
 reef areas offshore but also Elliot Key and part of Biscayne Bay. 
 
 The coordinates for the Marine Sanctuary are as follows: the point of beginning (POB) is 25° 
 (degrees) 19.45' (minutes) north latitude, 80°, 12.0' west longitude, that point being the north- 
 east boundary corner of John Pennekamp Coral Reef State Park. From the POB run 
 southeasterly to 25°, 16.2 ' north latitude, 80°, 8.7 ' west longitude, that point also being on the 
 300-foot (92-m) isobath. Continue in a southwesterly direction to 25°, 7.5' north latitude, 80°, 
 12.5' west longitude. Again run in a southwesterly direction to 24°, 58.3' north latitude, 80°, 
 19.8 ' west longitude. Leaving the 300-foot (92-m) isobath, run northwesterly to 25°, 2.2 ' north 
 latitude, 80°, 25.25' west longitude, that point being the southeast boundary corner of John 
 Pennekamp Coral Reef State Park. Continue in a northeasterly direction along the easterly 
 boundary of State Park to the POB. 
 
There are also two other coral preserves that protect the reef ecosystem in this area ( Fig. 1 ) . 
 To the west and sharing a common boundary with the Marine Sanctuary, lies John Pennekamp 
 Coral Reef State Park, established in 1961. It protects the waters from Key Largo seaward to 
 the State's 3-mile (4.8 km) territorial limit. North of the Marine Sanctuary lies Biscayne National 
 Monument. It shares part of its boundary with the Marine Sanctuary and not only protects the 
 reef areas offshore but also Elliot Key and part of Biscayne Bay. 
 
 The coordinates for the Marine Sanctuary are as follows: the point of beginning (POB) is 25° 
 (degrees) 19.45 ' (minutes) north latitude, 80°, 12.0 ' west longitude, that point being the north- 
 east boundary corner of John Pennekamp Coral Reef State Park. From the POB run 
 southeasterly to 25°, 16.2 ' north latitude, 80°, 8.7 ' west longitude, that point also being on the 
 300-foot (92-m) isobath. Continue in a southwesterly direction to 25°, 7.5' north latitude, 80°, 
 12.5' west longitude. Again run in a southwesterly direction to 24°, 58.3' north latitude, 80°, 
 19.8 ' west longitude. Leaving the 300-foot (92-m) isobath, run northwesterly to 25°, 2.2 ' north 
 latitude, 80°, 25.25' west longitude, that point being the southeast boundary corner of John 
 Pennekamp Coral Reef State Park. Continue in a northeasterly direction along the easterly 
 boundary of State Park to the POB. 
 
Fowey 
 Rocks 
 
 / Biscay ne 
 National 
 
 / Monument 
 
 / Pacifi. 
 
 /\ J Reef 
 
 / KEY LARGO CORAL i°l 
 
 i X-REEF MARINE 
 
 SANCTUARY 
 
marine sanctuary resources 
 
 NATURAL RESOURCES 
 
 The plant and animal communities of the Marine Sanctuary are extremely diverse and include 
 at least 35 species of West Indian scleractinian corals and more than 500 species of fishes. A 
 description of these communities can be found in the Key Largo Marine Sanctuary En- 
 vironmental Impact Statement and in related material listed in the bibliography. 
 
 Reef areas are the most biologically productive and diverse of all the natural marine com- 
 munities. This assemblage of plants and animals has achieved an ecological balance that makes 
 the organisms dependent upon one another for survival. Although corals themselves do not ac- 
 count for the major percentage of the reef biomass, they do create a favorable habitat for 
 thousands of other organisms. When corals are stressed, migration or even death of the orga- 
 nisms that depend on them for survival can quickly follow. To illustrate the spatial relationship 
 of different communities to one other, a resource map of the Marine Sanctuary has been 
 developed (Fig. 2). In this plan, four areas are considered: coral reefs, hardgrounds, grass com- 
 munities, and sand communities. 
 
 Coral Reefs 
 
 Coral reef areas are those communities that show active vertical and lateral growth with as- 
 sociated dead coral still in a growth position. As they die, the corals' hard skeletons accumulate 
 and actively contribute to topographical development of the reef. In Marine Sanctuary waters, 
 bank reefs and numerous patch reefs form the foundation for these reef communities. 
 
 The coral reef areas in the Marine Sanctuary are particularly luxuriant. This seems to be the 
 result of open ocean circulation with warm, clear Florida Current waters and the absence of 
 colder, turbid, less saline Florida Bay waters. The continuous landmass of Key Largo restricts 
 mixing of bay and ocean waters and tends to keep the environment of the reefs stable. 
 
 Bank reefs occur very near the shallow shelf break or at the seaward edge of the shelf 
 margin. Generally bank reefs show spur and groove development and include areas such as 
 Molasses, French, Elbow, and Carysfort reefs. Some are found 2 to 3 miles (3.2-4.8 km) land- 
 ward of the reef front in areas where water shoals rapidly. Grecian Rocks, Key Largo, Dry 
 Rocks, and Turtle Reef are typical examples. A common environmental characteristic of bank 
 reefs is open circulation and relatively high current energy conditions, where temperature and 
 salinity are more stable. There are approximately 14 miles (22 km) of bank reefs within Marine 
 Sanctuary boundaries. Reef height is usually much less than 25 feet (7.6 m) and typically on the 
 order of 10 to 15 feet (3-4.5 m). The areas are highly diversified with many showing distinct 
 zonation. Acropora palmata (moosehorn or elkhorn coral) is a massive, branching scleractinian 
 coral that is the chief builder of bank reefs. Because of its form it is able to withstand strong 
 currents and is an indicator of open circulation. Its optimum depth range is from the surface to 
 25 feet (7.6 m). 
 
 In less turbulent areas behind A. palmata, thickets of A.cervicornis (staghorn) and Pontes 
 pontes (club-finger) corals are found in varying abundances. These forms indicate back reef 
 zones with less turbulent energy conditions. In certain areas, the zonation continues and mas- 
 sive head corals exist. These corals tend to grow in shallow sheltered parts of bank reefs and in 
 deeper areas in front of the reef slope. Their bases can be extensively undercut by boring 
 sponges, worms, and mollusks, and as they grow they can become top-heavy, making them 
 especially vulnerable to wave action. Montastrea annularis (star coral) is the most abundant 
 head coral in bank reefs within the Marine Sanctuary. Other head corals include the brain corals 
 Diploria strigosa, D.labyrinthiformis, Colpophyllia natans and the other star corals M. caver- 
 nosa and Siderastrea siderea. 
 
Less abundant hard corals grow among the framework of bank corals and include Agaric/a 
 agaricites, Pontes astreoides, Mycetophyllia lamarackiana, Colpophyllia spp . , Dichocoenia 
 stokesi, Eusmilia fastigiata, Meandrina meandriws, and Mussa angulosa. The hydroid Millepora 
 complanata (fire coral) is important on certain bank reefs. It secretes a hard calcareous skeleton 
 and reguires a hard substrate for growth. Sponges, sea fans, and other invertebrates are impor- 
 tant components of the coral reef ecosystem and are guite varied throughout reef areas of the 
 Marine Sanctuary. The associated fish life is also abundant and diverse. 
 
 In guiet areas behind bank reefs, numerous patch reefs are found landward of the reef front 
 in areas of sand and rock substrates. They occur as single dome-shaped patches or cluster 
 linearly along a submerged topographical trend. Patch reefs are generally surrounded by sand 
 haloes, areas of bare sediment thought to be the result of grazing by reef animals. Supporting a 
 varied assemblage of scleractmian and octocorals (soft corals), they tend to be less well zoned 
 than bank reefs, lack A.palmata, and sustain smaller amounts of A.cervicornis. Many patch 
 reefs consist entirely of huge colonies of M. annularis. Their height is seldom greater than 30 
 feet (9.1 m) and normally 10 to 15 feet (3-4.5 m). Like bank reefs, patch reefs are very diverse 
 areas and support algae, sponges, and numerous other invertebrates, including varying 
 amounts of encrusting corals. 
 
 Hardgrounds 
 
 Another important community that has a wider distribution than the coral reef areas are the 
 hardgrounds. These are bedrock areas veneered by encrusting and small head corals, 
 numerous octocorals, and their associated communities. Corals here are lamellate encrusta- 
 tions and small knobs of coral less than 3 feet (0.9 m) in diameter. Hardgrounds differ from 
 coral reef areas in that they occur on a substrate that was not formed from the recent reproduc- 
 tion and growth of their associated fauna. Vertical growth is not extensive. Associated corals 
 include S.siderea, Favia fragum, Solenastrea hyades, P. astreoides, D. clivosa, D. stokesi, and 
 varying amounts of other species indigenous to Florida's marine waters. Inshore hardgrounds 
 contain higher percentages of octocorals than reef areas and include various sponges, espe- 
 cially Hippospongia gossypina, H.lachne, Spongia barbara, S. chin's, S.graminia and 
 Spheciospongia vesparia (loggerhead sponge). Since there are fewer crevices and holes than in 
 the framework of coral reef communities, associated invertebrate and fish life is usually less 
 diverse than in reef areas. Exact parallels between hardground areas are difficult because 
 richness and diversity from one hardground area to the next are highly variable and no single 
 set of organisms can be attributed to a hardground community. 
 
 Grass Community 
 
 A major portion of the Marine Sanctuary consists of marine grasses and associated organisms. 
 There are approximately six species of marine grasses in Florida waters with two dominant in 
 the Marine Sanctuary. Thalassia testudium (turtle grass) is by far the most common and is 
 found whenever the sediment is sufficiently thick and stable for the grass to develop its root 
 system, which may penetrate the bottom 18 inches (45 cm) or more. Syringodium filiforme 
 (manatee grass) grows in deeper parts of the shelf and is mixed with T. testudium or found 
 forming sparse zones of its own. Grass areas vary from very dense mats to areas with sparse 
 cover, heavily interspersed with polycheates and burrowing shrimp. To the casual observer the 
 organisms of the grass community seem few, but close examination reveals otherwise. At- 
 tached to the blades are many types of epiphytic (nonparasitic) organisms, including filamen- 
 tous algae, diatoms, foraminifera, and bivalve and gastropod mollusks. Grass areas serve as a 
 nursery ground for commercial shrimp, crawfish, and fishes. The grass blades themselves act 
 like a sediment trap and, along with their rhizome root system, assist in maintaining water clar- 
 ity. Associated with the grass beds are numerous green algae such as Penicillus and Halimeda. 
 The main marine grass herbivores are sea urchins, parrot fishes, and sea turtles. 
 
# 
 
 ^o 
 
 KEY LARGO" 
 
 MARINE SAr 
 
 HI Coral Reef 
 
 I I Hardgrour, 
 
 WWII Grass Corr 
 
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 \RINE 
 
 Scale: JL:7^ 
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 Data from Don M 
 
 in cooperation wil 
 
 Florida Departri 
 
 Bureau of Land 
 
Less abundant hard corals grow among the framework of bank corals and include Agaricia 
 agaricites, Pontes astreoides, Mycetophyllia lamarackiana, Colpophyllia spp., Dichocoenia 
 stokesi, Eusmilia fastigiata, Meandrina meandrites, and Mussa angulosa. The hydroid Millepora 
 complanata (fire coral) is important on certain bank reefs. It secretes a hard calcareous skeleton 
 and requires a hard substrate for growth. Sponges, sea fans, and other invertebrates are impor- 
 tant components of the coral reef ecosystem and are quite varied throughout reef areas of the 
 Marine Sanctuary. The associated fish life is also abundant and diverse. 
 
 In quiet areas behind bank reefs, numerous patch reefs are found landward of the reef front 
 in areas of sand and rock substrates. They occur as single dome-shaped patches or cluster 
 linearly along a submerged topographical trend. Patch reefs are generally surrounded by sand 
 haloes, areas of bare sediment thought to be the result of grazing by reef animals. Supporting a 
 varied assemblage of scleractinian and octocorals (soft corals), they tend to be less well zoned 
 than bank reefs, lack A.palmata, and sustain smaller amounts of A.cervicornis. Many patch 
 reefs consist entirely of huge colonies of M. annularis. Their height is seldom greater than 30 
 feet (9.1 m) and normally 10 to 15 feet (3-4.5 m). Like bank reefs, patch reefs are very diverse 
 areas and support algae, sponges, and numerous other invertebrates, including varying 
 amounts of encrusting corals. 
 
 Hardgrounds 
 
 Another important community that has a wider distribution than the coral reef areas are the 
 hardgrounds. These are bedrock areas veneered by encrusting and small head corals, 
 numerous octocorals, and their associated communities. Corals here are lamellate encrusta- 
 tions and small knobs of coral less than 3 feet (0.9 m) in diameter. Hardgrounds differ from 
 coral reef areas in that they occur on a substrate that was not formed from the recent reproduc- 
 tion and growth of their associated fauna. Vertical growth is not extensive. Associated corals 
 include S.siderea, Favia fragum, Solenastrea hyades, P. astreoides, D. clivosa, D. stokesi, and 
 varying amounts of other species indigenous to Florida's marine waters. Inshore hardgrounds 
 contain higher percentages of octocorals than reef areas and include various sponges, espe- 
 cially Hippospongia gossypina, H.lachne, Spongia barbara, S. chin's, S.graminia and 
 Spheciospongia vesparia (loggerhead sponge). Since there are fewer crevices and holes than in 
 the framework of coral reef communities, associated invertebrate and fish life is usually less 
 diverse than in reef areas. Exact parallels between hardground areas are difficult because 
 richness and diversity from one hardground area to the next are highly variable and no single 
 set of organisms can be attributed to a hardground community. 
 
 Grass Community 
 
 A major portion of the Marine Sanctuary consists of marine grasses and associated organisms. 
 There are approximately six species of marine grasses in Florida waters with two dominant in 
 the Marine Sanctuary. Thalassia testudium (turtle grass) is by far the most common and is 
 found whenever the sediment is sufficiently thick and stable for the grass to develop its root 
 system, which may penetrate the bottom 18 inches (45 cm) or more. Syringodium filiforme 
 (manatee grass) grows in deeper parts of the shelf and is mixed with T. testudium or found 
 forming sparse zones of its own. Grass areas vary from very dense mats to areas with sparse 
 cover, heavily interspersed with polycheates and burrowing shrimp. To the casual observer the 
 organisms of the grass community seem few, but close examination reveals otherwise. At- 
 tached to the blades are many types of epiphytic (nonparasitic) organisms, including filamen- 
 tous algae, diatoms, foraminifera, and bivalve and gastropod mollusks. Grass areas serve as a 
 nursery ground for commercial shrimp, crawfish, and fishes. The grass blades themselves act 
 like a sediment trap and, along with their rhizome root system, assist in maintaining water clar- 
 ity. Associated with the grass beds are numerous green algae such as Penicillus and Halimeda. 
 The main marine grass herbivores are sea urchins, parrot fishes, and sea turtles. 
 
■i Coral Reel CZI Sand Community 
 
 CZI Hardground ^ Water 
 
 H Crass Community «» Mangrove 
 
 -■" Federal and State Limit ot Survey 
 
 Park Boundaries 
 
 Data (rum Don Mnrszalek. University ol Mi 
 
 Florida Department ol National Resource: 
 Bureau ot Land Management 
 
 - y^\ - \—. ^ \ 
 
 \ /<.-- KEY LARGO CORAL REEF MARINE 
 
 SANCTUARY 
 
 ^ Figure 2. 
 
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 ^ 
 
Sand Community 
 
 Sand (sediment) areas within the Marine Sanctuary take several forms and are ecologically the 
 least diverse of the areas discussed. They range from larger sand bodies a few miles wide to 
 small isolated patches. They are frequently interspersed in grass bed areas or occur as haloes 
 around most patch reefs. The borders between sand and grass zones are usually defined by 
 sharp, undercut boundaries. The sediment is mainly coarse biogenic carbonate sand formed 
 primarily from the breakdown of the green alga Halimeda and hard corals. Associated marine 
 life is sparse, with enchinoderms and worms predominating. Other burrowing organisms such 
 as fish, shrimp, and mollusks are present in varying degrees. The large mollusks, such as the 
 Strombus gigas (queen conch), and Plearaplora gigantea (horse conch) are now scarce, re- 
 flecting high collecting pressure in recent years. 
 
 Commercially Important Species 
 
 Panulirus argus (spiny lobster) is of prime commercial interest. P. guttatus (Guinea or spotted 
 lobster) and Scyllandes aequinoctialis (Spanish or slipper lobster) also are found in Florida 
 waters, but their scarcity and small adult size make them uneconomical to harvest com- 
 mercially. Juvenile specimens of P. argus are no more than a few inches in length and are found 
 in grassy areas under rocks and sponges. As they mature, they migrate into deeper water 
 where they live in protected areas under rocks or in holes. 
 
 The only crab of commercial importance is Menippe mercenaria (stone crab). Juvenile crabs 
 live in shoreline rubble, oyster shells, or are found on pilings. Adults frequent shallow water and 
 normally prefer burrows, especially in transition areas between sand and grass beds. 
 
 Hook and line fishing also takes place within the Marine Sanctuary and not only serves as a 
 source of food but of recreation as well. Some of the more important species that are caught 
 are groupers, mackerels, dolphin, snappers, hogfish, tarpon, pompano, jacks, and bonefish. 
 To a great degree the quality of the water column determines the distribution and abundance of 
 these migratory species. 
 
 CULTURAL RESOURCES 
 
 The cultural resources of the Marine Sanctuary reflect the colorful history of the Florida Keys 
 and surrounding waters (Fig. 3). Stories of Spanish galleons and the pirates who sailed the 
 Keys abound. More than 100 Spanish, British, and American wrecks attest to the treacherous 
 conditions sailors faced in these waters. To help alleviate this danger, a string of lighthouses 
 was built up and down the Florida reef tract and contributed to the demise of the lucrative 
 wrecking and salvage industry that supported Key West until the early 1900's. Today some of 
 this history still lies buried on the ocean floor and draws thousands of visitors to the Keys each 
 year. 
 
 Carysfort Reef Lighthouse 
 
 The most prominent cultural resource of the Marine Sanctuary is Carysfort Reef Lighthouse 
 (Fig. 4). It was the first lighthouse built by the U.S. Lighthouse Service on the Florida reef tract. 
 Located in the north end of the Sanctuary, it served as a prototype for the other lighthouses in 
 the Florida Keys that were built on severely exposed areas. Construction began in 1848 by Cap- 
 tain Howard Stansburg of the U.S. Topographical Corps of Engineers. Its light was first ignited 
 
 11 
 
on March 10, 1852, replacing a lightship that had been stationed on Carysfort Reef since 1825. 
 Still in excellent condition, it stands as a testimonial to the ingenuity of the engineers of the 
 time. Situated in approximately 6 feet (1 .8 m) of water, the lighthouse is an iron skeleton tower 
 on a pile foundation rising 100 feet (32.3 m) above mean low water. 
 
 Carysfort lighthouse was originally eguipped with a revolving Fresnel lenticular illuminating 
 apparatus which made it the most modern lighthouse of the U.S. Lighthouse Service at that 
 time. Today it is fully automated and maintained by the United States Coast Guard. 
 
 Shipwrecks 
 
 Tales abound of Spanish galleons and other ships that are thought to have sunk in the Marine 
 Sanctuary. In the mid to late 1600's, the reefs of Florida Keys contributed to the tragic demise 
 of cumbersome Spanish galleons. Poor navigational technigues and lack of understanding of 
 weather patterns caused many ships to meet a violent end on the coral heads that loomed from 
 the ocean floor. The coral reefs grounded many ships through the 1800's, and provided the 
 justification for the Carysfort Reef Lighthouse. 
 
 One of the earliest ship disasters was in 1733, when almost the entire fleet of a 21 -ship 
 Spanish flotilla was lost off Key Largo. Of these ships, two galleons, El Infante and San Jose y 
 los Amenas, have been located outside the southern boundary of the Marine Sanctuary. Ap- 
 parently the fleet was hit by a hurricane while returning to Spain. A hurricane may also have 
 played the dominant role in the grounding of the Plata flotilla fleet of 13 galleons near Carysfort 
 Reef in 1755, although the number of ships lost is unknown and no ship of this fleet has ever 
 been located. 
 
 Today several wreck sites exist in the Marine Sanctuary (Fig. 3), providing exciting dives for 
 visitors. One of the best known wrecks is the 60-gun British frigate, HMS Winchester. Thrown 
 on the reef by a storm in 1695, the wreck lies in 30 feet (9.1 m) of water 1.5 miles (2.5 km) 
 southeast of Carysfort Reef Lighthouse, in direct line with Elbow Light. The Winchester was 
 44.5 meters long, but is now badly broken and scattered throughout the area. Two of the Win- 
 chester's cannons recovered by C. M. Brookfield in 1940 are on display at the John Pennekamp 
 Coral Reef State Park headguarters. 
 
 Another well-known wreck in the Sanctuary is the Benwood, an 87-meter World War II 
 freighter. In 1942, it was torpedoed by a German submarine, and, as the ship headed for 
 shallow water, it was accidentally rammed by a friendly vessel. The hull was subsequently used 
 for bombing practice until it was dynamited and sunk in 50 feet (15.2 m) of water. The maze of 
 steel wreckage is one of the most popular diving spots in the Florida Keys. 
 
 Lesser known wrecks also are located in the Sanctuary. The steamer Towanda, lost in 1866, 
 can be found just north of Elbow Light. Near Elbow Reef Tower lie the remains of a wooden 
 ship encrusted with corals, seawhips, and sea fans, in 30 feet (9 m) of water. Heavy wooden 
 beams are half buried but bronze fastening pins are still visible. The original name and nation- 
 ality of the ship is unknown but local guides call it either "No Name Wreck," "Civil War 
 Wreck," or "Old Wild Wreck." 
 
 Ninety feet (27.4 m) due east of Molasses Reef tower lies the schooner Windlass (also known 
 as the "Winch Wreck") in 25 feet (7.6 m) of water. Its broken remnants are scattered around 
 the heads and add to the excitement of diving at Molasses Reef. 
 
 The schooner Thiorva went aground and sank at the north end of Turtle Reef on some un- 
 known date. 
 
 In shallow water on White Bank, seaward of Basin Hill Shoals, sits the wreck of the Charles 
 W. Baird (also known as "Captain Tom's Wreck"). The hull of this oceangoing barge served as 
 a shelter to wreckers and fishermen until it burned in the 1940's. All that remains is the hull 
 superstructure, heavily encrusted with hard and soft corals and serving as a haven for a myriad 
 of fishes. 
 
 Cannons of unknown origin also can be found in the Marine Sanctuary (Fig. 3). Approxi- 
 mately 300 feet (91 .4 m) west of the wreck of the Towanda (at the Elbow) lies a very old can- 
 non. Its 6 foot (1.8 m) length is encrusted with corals and is reputed to be from a 17th or 18th 
 century Spanish galleon. Another Spanish cannon is located 75 feet (23 m) south of the white 
 buoy at Grecian Rocks. 
 
 12 
 
on March 10, 1852, replacing a lightship that had been stationed on Carysfort Reef since 1825. 
 Still in excellent condition, it stands as a testimonial to the ingenuity of the engineers of the 
 time. Situated in approximately 6 feet (1 .8 m) of water, the lighthouse is an iron skeleton tower 
 on a pile foundation rising 100 feet (32.3 m) above mean low water. 
 
 Carysfort lighthouse was originally eguipped with a revolving Fresnel lenticular illuminating 
 apparatus which made it the most modern lighthouse of the U.S. Lighthouse Service at that 
 time. Today it is fully automated and maintained by the United States Coast Guard. 
 
 Shipwrecks 
 
 Tales abound of Spanish galleons and other ships that are thought to have sunk in the Marine 
 Sanctuary. In the mid to late 1600's, the reefs of Florida Keys contributed to the tragic demise 
 of cumbersome Spanish galleons. Poor navigational technigues and lack of understanding of 
 weather patterns caused many ships to meet a violent end on the coral heads that loomed from 
 the ocean floor. The coral reefs grounded many ships through the 1800's, and provided the 
 justification for the Carysfort Reef Lighthouse. 
 
 One of the earliest ship disasters was in 1733, when almost the entire fleet of a 21 -ship 
 Spanish flotilla was lost off Key Largo. Of these ships, two galleons, El Infante and San Jose y 
 los Amenas, have been located outside the southern boundary of the Marine Sanctuary. Ap- 
 parently the fleet was hit by a hurricane while returning to Spain. A hurricane may also have 
 played the dominant role in the grounding of the Plata flotilla fleet of 13 galleons near Carysfort 
 Reef in 1755, although the number of ships lost is unknown and no ship of this fleet has ever 
 been located. 
 
 Today several wreck sites exist in the Marine Sanctuary (Fig. 3), providing exciting dives for 
 visitors. One of the best known wrecks is the 60-gun British frigate, HMS Winchester. Thrown 
 on the reef by a storm in 1695, the wreck lies in 30 feet (9.1 m) of water 1.5 miles (2.5 km) 
 southeast of Carysfort Reef Lighthouse, in direct line with Elbow Light. The Winchester was 
 44.5 meters long, but is now badly broken and scattered throughout the area. Two of the Win- 
 chester's cannons recovered by C. M. Brookfield in 1940 are on display at the John Pennekamp 
 Coral Reef State Park headguarters. 
 
 Another well-known wreck in the Sanctuary is the Benwood, an 87-meter World War II 
 freighter. In 1942, it was torpedoed by a German submarine, and, as the ship headed for 
 shallow water, it was accidentally rammed by a friendly vessel. The hull was subseguently used 
 for bombing practice until it was dynamited and sunk in 50 feet (15.2 m) of water. The maze of 
 steel wreckage is one of the most popular diving spots in the Florida Keys. 
 
 Lesser known wrecks also are located in the Sanctuary. The steamer Towanda, lost in 1866, 
 can be found just north of Elbow Light. Near Elbow Reef Tower lie the remains of a wooden 
 ship encrusted with corals, seawhips, and sea fans, in 30 feet (9 m) of water. Heavy wooden 
 beams are half buried but bronze fastening pins are still visible. The original name and nation- 
 ality of the ship is unknown but local guides call it either "No Name Wreck," "Civil War 
 Wreck," or "Old Wild Wreck." 
 
 Ninety feet (27.4 m) due east of Molasses Reef tower lies the schooner Windlass (also known 
 as the "Winch Wreck") in 25 feet (7.6 m) of water. Its broken remnants are scattered around 
 the heads and add to the excitement of diving at Molasses Reef. 
 
 The schooner Thiorva went aground and sank at the north end of Turtle Reef on some un- 
 known date. 
 
 In shallow water on White Bank, seaward of Basin Hill Shoals, sits the wreck of the Charles 
 W. Baird (also known as "Captain Tom's Wreck") . The hull of this oceangoing barge served as 
 a shelter to wreckers and fishermen until it burned in the 1940's. All that remains is the hull 
 superstructure, heavily encrusted with hard and soft corals and serving as a haven for a myriad 
 of fishes. 
 
 Cannons of unknown origin also can be found in the Marine Sanctuary (Fig. 3). Approxi- 
 mately 300 feet (91 .4 m) west of the wreck of the Towanda (at the Elbow) lies a very old can- 
 non. Its 6 foot ( 1 .8 m) length is encrusted with corals and is reputed to be from a 17th or 18th 
 century Spanish galleon. Another Spanish cannon is located 75 feet (23 m) south of the white 
 buoy at Grecian Rocks. 
 
 12 
 
■ lyne 
 N itional 
 [ I'iment 
 
 Cultural Resource Map 
 
 Figure 3. 
 
 'jy Shipwrecks 
 ^* Cannon 
 J Christ of the Deep 
 
Christ of the Deep 
 
 A unique aspect of the Sanctuary that draws thousands of visitors annually is the 9 foot (2.7 m) 
 bronze statue, the Christ of the Deep. It is at Key Largo Dry Rocks standing in approximately 25 
 feet (7.6 m) of water, 6 miles (9.6 km) east-northeast of the south cut of Largo Sound. 
 Marked by an orange and white surface buoy, the 4,000-lb. (1,800 kg) statue rests upon a 
 21-ton (19-t) concrete base. The statue was created by Guido Galletti of Italy, an exact replica 
 of the Christ of the Abysses statue placed in 50 feet (15 m) of water in the Mediterranean Sea 
 near Genoa in 1954. Duplicated for Egidi Cressi, an internationally known industrialist and 
 undersea sportsman, it was donated to the Undersea Society of America in 1961 and placed at 
 the Key Largo Dry Rocks by the Florida Park Service for diving enthusiasts to enjoy. 
 
 Figure 4. 
 
 15 
 
impacts on the resource 
 
 Florida's reefs exist at the northernmost fringe of coral reef development and are subjected to 
 natural stresses far in excess of other Caribbean reefs. Yet they have survived thousands of 
 years of attack by natural enemies and buffeting from storms and hurricanes, and their struc- 
 tures have helped build part of the State of Florida. 
 
 Reef-building corals flourish only in an environment governed by narrow constraints. They 
 seldom occur more than 22 degrees north or south of the equator and must have clear water for 
 maximum light penetration. As a result, they are rarely found at depths exceeding 200 to 250 
 feet (60-90 m). They cannot withstand long exposure to water temperatures colder than 68°F 
 (20°C), are seldom found on soft or shifting bottom sediments or in constantly turbid water 
 with dim light, and cannot tolerate great changes in salinity, temperature, or water quality. 
 
 In Florida, the Keys protect the reefs just as the reefs protect the land. The most luxuriant 
 reefs are located opposite large islands which shelter them from wider fluctuations in water 
 temperature and salinity due to storm water runoff from the mainland. Reefs do not exist op- 
 posite the large openings between islands where there are no protective barriers. 
 
 HUMAN IMPACT 
 
 Given this narrow range of environmental constraints, human activities can bring about suffi- 
 cient additional stress to have both long- and short-term effects on the health of coral 
 communities. 
 
 Attracted by pleasant weather and water conditions, vacationers from northern Florida and 
 many other States visit the Keys each year. Winter visitors are primarily from the northern 
 States and Canada. The influx of out-of-State visitors is highest during late spring to early fall, 
 typically the most pleasant months in South Florida. Summer visitation also seems to be on the 
 increase, reflecting use by visitors who want to take advantage of cheaper summer rates and 
 summer vacations. 
 
 Visitor Use 
 
 People who use the Marine Sanctuary are naturally those individuals who work and play in the 
 marine environment. Since the Marine Sanctuary begins 3 miles offshore, visitors must have 
 access to privately owned boats or to some type of marine transportation. The Florida Depart- 
 ment of Natural Resources reported in 1974 that approximately 54,000 boats were registered in 
 the three southern Florida counties (Dade 32,000, Broward 17,000; Monroe 4,800). In 1976, 
 there were 36,000 registered boats in Dade County alone— almost an 1 1 percent increase in 2 
 years, a trend that is expected to continue. There are 34 boat ramps and 22 marinas (Fig. 5) 
 available for public use on Key Largo that permit easy access to Marine Sanctuary waters. 
 
 Some boat owners use the ramps as far north as Bayfront Park, Homestead, Fla., to visit the 
 Marine Sanctuary and a few even travel from docks and marinas around Miami. There are two 
 small airports as well as public campsites in the Key Largo area. Boat owners use the Marine 
 Sanctuary waters for a variety of purposes. Some come to swim in clear waters and enjoy the 
 sunny weather or to water-ski on calmer days. Others don snorkel or scuba equipment to ex- 
 plore the coral reefs and wrecks. Many visitors use hook and line for recreational fishing. Final- 
 ly, there are sailboat owners who frequent all South Florida waters enjoying breezes and sunny 
 weather. 
 
 16 
 
Visitors who do not own boats are served by numerous facilities where boat and guide 
 rentals are available. The 13 dive shops on Key Largo (Fig. 5) rent snorkel and scuba gear and 
 provide guides for daily reef trips aboard about 22 dive boats. There are small and large fishing 
 boat charters available that also make two trips a day. The John Pennekamp Coral Reef State 
 Park is eguipped with a large boat ramp, an 8,000-lb. (3,600-kg) capacity boat hoist, and a small 
 marina. One vessel with a capacity of 61 people, makes two trips a day taking snorkelers to the 
 reefs. A dive boat at the State Park concession takes as many as 32 scuba divers to the reefs 
 daily. A glass-bottomed boat makes three trips to Molasses Reef every day carrying 125 non- 
 divers each trip. 
 
 Commercial fishermen harvest spiny lobster and stone crab from Sanctuary waters using 
 wooden traps, but annual catch statistics are not available for these fisheries. The following 
 sections summarize the activities having the greatest effect on the health of coral reefs. 
 
 Dredge and Fill Activities 
 
 Chronic siltation from dredge and fill projects can inhibit coral community growth. An increase 
 in turbidity reduces the amount of light available for photosynthesis of symbiotic zooxanthella 
 algae associated with reef building corals. Excess sediment in the water can physically smother 
 the coral polyps and communities and can reduce the dissolved oxygen concentration when 
 organic materials are present. 
 
 Channelization 
 
 Channelization of land areas, in addition to increased sedimentation effects, also will increase 
 stresses on the coral reef communities by altering current patterns and creating changes in 
 water quality. It is generally believed that luxunent coral growth off Key Largo results from the 
 land mass serving as a natural barrier to the movement of Florida Bay waters over the reef area. 
 The temperature, salinity, and turbidity of these bay waters is variable enough to lie outside the 
 coral's optimum requirements for survival and growth. Channelization through Key Largo 
 would permit bay water to mix with more stable ocean waters, possibly changing the chemical 
 and physical characteristics of the water and the existing current patterns through natural tidal 
 passes. 
 
 Land Development 
 
 Development of shorelines by bulkheading and land filling increases the turbidity of adjacent 
 waters and removes the mangroves, whose presence serves as a biological filter of land runoff 
 and contributes to the nutrient enrichment of surrounding waters. 
 
 Water Pollution 
 
 Decreases in water quality that can lead to further resource damage include sewage disposal, 
 agricultural and industrial waste runoff, and oil pollution. In 1975, the greater Miami area 
 pumped 84 million gallons of sewage a day into surrounding marine waters. Although the ef- 
 fects of inshore currents, counter-currents, and tides in the area are not fully understood, 
 ecologists believe that much of this polluted water travels southward to the Keys. The problem 
 is compounded by the existence of three outfalls in the Key Largo area. The ocean outfall at 
 Plantation Key, just south of Key Largo, pumps 700,000 gallons of secondary treated sewage a 
 day. There are also two outfalls that dump sewage into the water of Largo Sound, Key Largo. 
 In addition to its direct effect of killing live coral, sewage can affect reproduction rates, inhibit 
 the ability of coral larvae to settle, decrease disolved oxygen content, and increase turbidity. 
 Agricultural and industrial growth in South Florida in recent years has caused the introduc- 
 tion of insecticides, herbicides, and other industrial chemicals into nearby bodies of water. In- 
 troduction of chemical pollutants is especially heavy during periods of heavy ram and excessive 
 
 17 
 
runoff. Aerial spraying for mosquito control occurs throughout the Keys. Evidence of oil pollu- 
 tion from vessel traffic through Hawk Channel and off the Marine Sanctuary increases yearly 
 and may have some as yet unknown impact on the coral reefs. 
 
 Diving 
 
 Corals are delicate structures and are vulnerable to abuse from divers. If a coral reef is under 
 significant natural or human-induced stress, even a small scrape from divers rubbing or stand- 
 ing on corals is enough to cause terminal infection of the coral by blue-green algae. In many 
 cases, delicate coral branches are broken with fin kicks, by divers standing on corals, and by 
 divers grabbing coral for support. Octocorals are frequently ripped from their foundations and 
 found lying on the bottom. Heavily used areas are especially vulnerable to extensive damage by 
 divers. 
 
 Although it is illegal, the collecting of Marine Sanctuary resources still occurs. The majority 
 of this collection is of corai and mollusk shells taken as souvenirs of the coral reef. Cultural re- 
 sources are not exempt either, and many artifacts disappear from Marine Sanctuary waters. 
 
 Fishing 
 
 Although Sanctuary regulations prohibit spearfishing, some still occurs. The unfortunate ef- 
 fects of spearfishing include the indiscriminate killing of tropical species, like angelfish and but- 
 terfly fish, and the disappearance of larger game fish from the area. Although not as extensive 
 as in previous years, illegal tropical fish collecting for sale and home aquarium use still takes 
 place. 
 
 Besides these dramatic threats to the resource there are the less obvious threats that detract 
 from the esthetic quality of Marine Sanctuary waters. Beverage containers, "flip-tops," fishing 
 hooks, stainless steel lead wire, and monofilament fishing line can be found littering the ocean 
 bottom in many areas. Commercial fishing contributes to the Sanctuary's degradation by the 
 addition of abandoned or destroyed traps, with their lines and buoys. 
 
 Anchoring and Boat Groundings 
 
 Divers and fisherman alike damage the coral reef by repeated anchonngs and boat groundings. 
 Many inexperienced boat operators anchor on top of thriving coral areas unaware of the 
 damage they cause below. With shifting winds and tides, coral branches can be broken and en- 
 tire colonies uprooted as the boat changes position. Chafing of coral heads by anchor chains 
 and ropes is also common. 
 
 A less frequent threat, but no less damaging, is boat groundings. A large area of coral and 
 associated fauna can be gouged out by a single boat hull. More common is damage from 
 propellers, which slice through shallow head corals, leaving the animals vulnerable to disease. 
 
 MOST USED AREAS 
 
 Although the Marine Sanctuary encompasses 100 square miles (259 km 2 ), only a few selected 
 areas receive heavy visitor use. Urbanization of Key Largo has been concentrated at the middle 
 and southern portion of the Key. Dive shops and boat ramps also are located there, focusing 
 heavy visitor use on the corresponding southern end of the Marine Sanctuary. As can be seen 
 
 18 
 
runoff. Aerial spraying for mosquito control occurs throughout the Keys. Evidence of oil pollu- 
 tion from vessel traffic through Hawk Channel and off the Marine Sanctuary increases yearly 
 and may have some as yet unknown impact on the coral reefs. 
 
 Diving 
 
 Corals are delicate structures and are vulnerable to abuse from divers. If a coral reef is under 
 significant natural or human-induced stress, even a small scrape from divers rubbing or stand- 
 ing on corals is enough to cause terminal infection of the coral by blue-green algae. In many 
 cases, delicate coral branches are broken with fin kicks, by divers standing on corals, and by 
 divers grabbing coral for support. Octocorals are frequently ripped from their foundations and 
 found lying on the bottom. Heavily used areas are especially vulnerable to extensive damage by 
 divers. 
 
 Although it is illegal, the collecting of Marine Sanctuary resources still occurs. The majority 
 of this collection is of corai and mollusk shells taken as souvenirs of the coral reef. Cultural re- 
 sources are not exempt either, and many artifacts disappear from Marine Sanctuary waters. 
 
 Fishing 
 
 Although Sanctuary regulations prohibit spearfishing, some still occurs. The unfortunate ef- 
 fects of spearfishing include the indiscriminate killing of tropical species, like angelfish and but- 
 terfly fish, and the disappearance of larger game fish from the area. Although not as extensive 
 as in previous years, illegal tropical fish collecting for sale and home aquarium use still takes 
 place. 
 
 Besides these dramatic threats to the resource there are the less obvious threats that detract 
 from the esthetic quality of Marine Sanctuary waters. Beverage containers, "flip-tops," fishing 
 hooks, stainless steel lead wire, and monofilament fishing line can be found littering the ocean 
 bottom in many areas. Commercial fishing contributes to the Sanctuary's degradation by the 
 addition of abandoned or destroyed traps, with their lines and buoys. 
 
 Anchoring and Boat Groundings 
 
 Divers and fisherman alike damage the coral reef by repeated anchonngs and boat groundings. 
 Many inexperienced boat operators anchor on top of thriving coral areas unaware of the 
 damage they cause below. With shifting winds and tides, coral branches can be broken and en- 
 tire colonies uprooted as the boat changes position. Chafing of coral heads by anchor chains 
 and ropes is also common. 
 
 A less frequent threat, but no less damaging, is boat groundings. A large area of coral and 
 associated fauna can be gouged out by a single boat hull. More common is damage from 
 propellers, which slice through shallow head corals, leaving the animals vulnerable to disease. 
 
 MOST USED AREAS 
 
 Although the Marine Sanctuary encompasses 100 square miles (259 km 2 ), only a few selected 
 areas receive heavy visitor use. Urbanization of Key Largo has been concentrated at the middle 
 and southern portion of the Key. Dive shops and boat ramps also are located there, focusing 
 heavy visitor use on the corresponding southern end of the Marine Sanctuary. As can be seen 
 
 18 
 
Visitor Use Map 
 
 Figure 5. 
 
 ® Boat Ramp and Marina 
 • Boat Ramp 
 ▲ Marina 
 K Airport 
 
on the visitor use map (Fig. 5), the majority of access routes are located to the south. Major reef 
 areas are charted on NOAA's navigational charts for the area, but very few areas within the 
 Marine Sanctuary are marked with towers or buoys, which has the effect of intensifying the use 
 of areas that do have buoy markers. Because of this, some reefs get a greater amount of use 
 than others. Unmarked areas are visited primarily by local dive shop tours and fishing boat cap- 
 tains, along with a few knowledgeable local people. The more intensively used areas are de- 
 scribed in the following sections. 
 
 Molasses Reef 
 
 This bank reef is located 5 miles (8.4 km) south of the last marker at South Channel leading 
 from Largo Sound and the dock facilities of John Pennekamp Coral Reef State Park. Molasses 
 Reef is one of the most heavily used areas in the Florida Keys. It is not uncommon to find 20 to 
 30 small boats anchored at the reef during any given time on summer weekends. Most local 
 dive boat operators take their patrons for at least one dive in this area each day, and the glass 
 bottom tour boat, the Discovery, makes three daily trips to Molasses Reef. It is popular because 
 of its spectacular reef formation and is marked by a 50-foot (15-m) tower. There are abundant 
 brain, staghorn, and elkhorn corals and wreckage of a schooner nearby. Water visibility is 
 usually excellent, making it an area well suited to underwater photography and to night diving. 
 
 White Bank Dry Rocks 
 
 White Bank Dry Rocks is a patch reef approximately 0.2 miles (320 m) northeast of the light at 
 Molasses Reef. Because of its shallow depths of 3 to 10 feet (0.9-3.1 m) and its attractive head 
 coral formations, this large area is exceptionally good for snorkeling and draws many neophyte 
 divers. The area is marked with a small buoy. 
 
 French Reef 
 
 French Reef, 1 mile (1 .6 km) northeast of Molasses Reef, is a bank reef marked by a black piling 
 with water depth averaging 25 feet (7.6 m) . This area contains actively growing corals in a maze 
 of underwater canyons, caves, and tunnels. Local divers and a few dive shop captains make 
 periodic trips to French Reef to view larger pelagic fish that can often be found there. 
 
 Benwood Wreck 
 
 This World War II wreck is 2.5 miles (4 km) north-northeast of French Reef resting on a sand 
 bottom, in 30 to 50 feet (9.1-15.2 m) of water, it is usually marked by a red buoy. The area is 
 heavily visited and is advertised as the most exciting wreck dive in the Florida Keys. 
 
 Grecian Rocks 
 
 A small inner bank reef area, Grecian Rocks, is found 5.5 miles (8.9 km) east-northeast of 
 South Channel, Key Largo, and is marked by a white buoy. This is another popular snorkeling 
 area with depths as shallow as 6 feet (1 .8 m), drawing people with limited diving experience. 
 Large corals and a Spanish cannon can be seen here. 
 
 Key Largo Dry Rocks 
 
 Along with Molasses Reef, this inner bank reef is one of the most visited areas in the Marine 
 Sanctuary. Six miles (9.6 km) east-northeast of South Channel, Key Largo, it is identified by a 
 small orange and white buoy with the word "Statue" on it. In addition to huge brain coral for- 
 mations, the site also has the Christ of the Deep statue. 
 
 21 
 
The Elbow 
 
 The Elbow is a bank reef 8 miles (12.9 km) east-northeast of South Channel, Key Largo, and 5 
 miles (8 km) southwest of Carysfort Reef Lighthouse. It is marked by a 36-foot (11 m) steel 
 tower and is usually visited by local divers who come to explore and photograph scattered 
 wreckage southeast of the tower. Since it is several miles from the nearest boat ramp, the area 
 is used less frequently by out-of-town visitors and most local dive shops. 
 
 Carysfort Reef 
 
 This highly developed bank reef lies 12 miles (19 km) northeast of South Channel, Key Largo, 
 and 5 miles (8 km) north-northeast of the Elbow. Marked by a 106-foot (37.3-m) iron 
 lighthouse, this reef is named after the HMS Carysfort which grounded at the site in 1770. 
 Staghorn and elkhorn corals are the chief reef builders and are quite luxuriant. Average depths 
 range from 10 to 25 feet (3.1-7.6 m), and it is an excellent area for both scuba diving and 
 snorkeling. Local divers in small boats are the primary users of the area; however, development 
 of the Worlds Beyond Marina directly landward of Carysfort Reef on Key Largo has increased 
 the use of the area by commercial dive boats. 
 
 22 
 
management plan 
 
 Management of the Marine Sanctuary is designed to provide the protection necessary to pre- 
 serve the coral reef ecosystem in its natural state. By integrating education, environmental 
 monitoring, and enforcement of the regulations into a coordinated management strategy, the 
 plan will allow the public to derive maximum benefit from the Marine Sanctuary while the Sanc- 
 tuary itself will receive a minimum of environmental damage. 
 
 OFFICE OF COASTAL ZONE MANAGEMENT 
 
 The Office of Coastal Zone Management (OCZM), National Oceanic and Atmospheric Adminis- 
 tration (NOAA), is responsible for the management of the Marine Sanctuary. NOAA sets 
 management objectives for the Marine Sanctuary, designs and implements research programs, 
 issues permits, and oversees environmental monitoring and enforcement of the regulations. 
 NOAA also provides technical briefing material, designs and implements public information 
 programs, provides administrative and emergency onsite support, and makes periodic onsite 
 visits. 
 
 ONSITE MANAGER 
 
 In order to provide local supervision for the Marine Sanctuary, NOAA has a cooperative agree- 
 ment with the State of Florida Department of Natural Resources (DNR) to serve as onsite 
 manager. The Florida Department of Natural Resources also has management responsibility for 
 the adjacent John Pennekamp Coral Reef State Park. 
 
 The onsite manager is responsible for evaluating permit applications, coordinating with the 
 U.S. Coast Guard surveillance and enforcement, providing case documentation for notices of 
 violation, and submitting semiannual reports to NOAA. 
 
 ENFORCEMENT AND SURVEILLANCE 
 
 Surveillance and enforcement are an integral part in the management and protection of the cor- 
 al reef at Key Largo. Because the Marine Sanctuary is located adjacent to the John Pennekamp 
 Coral Reef State Park, surveillance and enforcement are conducted cooperatively by the 
 Florida Department of Natural Resources Park Rangers and the United States Coast Guard, 
 patroling both areas in the same boat from the same base at the State Park. Copies of Marine 
 Sanctuary rules and regulations (Appendix A), which are compatible with those of the State 
 Park, are available locally at the entrance of John Pennekamp Coral Reef State Park and at area 
 dive shops. They were published in the Federal Register on January 16, 1976. 
 
 VIOLATION PROCEDURE 
 
 Violators are subject to civil penalties of up to $50,000 under Public Law 92-532. They will be 
 notified of the alleged violation at the scene by the issuance of a Coast Guard Report of Board- 
 ing (CG Form 4100). Evidentiary materials found in possession of a violator (e.g., corals, fish, 
 spearguns, etc.) will be seized by Coast Guard personnel and statements taken. No further ac- 
 tion against the violator will normally need to be taken at this time. 
 
 Copies of the Report of Boarding are distributed as follows: (1) violator (original), (2) NOAA 
 Office of General Counsel, St. Petersburg, (3) State of Florida Park Service, and (4) United 
 
 23 
 
States Coast Guard. Statements and evidentiary material are transferred with the copy of the 
 Report of Boarding to the State of Florida Park Service. The Perk Service evaluates all relevant 
 information for sufficiency of the evidence and severity of the offense and sends a complete 
 report of the violation along with a recommended penalty to be collected from the violator to 
 the NOAA Office of General Counsel, St. Petersburg, Fla. The NOAA Office of General 
 Counsel draws a Notice of Violation specifying the precise violation involved and the proposed 
 penalty and sends it to the violator for appropriate action. 
 
 Coral regulations (43 CFR 6224) issued under the authority of Section 5, Outer Continental 
 Shelf Lands Act may also be used against violators. Since these regulations provide for criminal 
 penalties and involve arrest and appearance before a Federal Magistrate, their use is limited to 
 those instances when the violator refuses to cooperate or when other acts necessitate the ap- 
 plication of severe penalties or the circumstances warrant the statute's application. 
 
 RESEARCH AND PERMITS 
 
 Scientific research is encouraged in the Marine Sanctuary. Written application for the neces- 
 sary permits should be submitted to the Assistant Administrator; Office of Coastal Zone Man- 
 agement; National Oceanic and Atmospheric Administration; 3300 Whitehaven Street, N.W.; 
 Washington, D.C. 20235. 
 
 A permit application should provide sufficient information to enable the Assistant Adminis- 
 trator to evaluate the project and must include a description of all activities proposed, the 
 equipment, methods, persons involved (particularly describing their relevant experience), and a 
 timetable for completion. Copies of all other required licenses or permits should be attached. 
 
 In considering whether to grant a permit, the Assistant Administrator will evaluate such mat- 
 ters as the general professional and financial responsibility of the applicant; the appropriateness 
 of the methods envisioned to the purpose of the research; the extent to which the conduct of 
 any permitted activity may diminish or enhance the value of the Marine Sanctuary as a source 
 of recreational, educational, or scientific information; the end value of the activity; and such 
 other matters he deems appropriate. 
 
 EDUCATION 
 
 Public education is an essential element in the effective management of the area, because the 
 Sanctuary is highly sensitive to environmental and user-related stresses. 
 
 NOAA has published several brochures for this purpose. These are available at the John Pen- 
 nekamp Coral Reef State Park, local dive shops, or through the Office of Coastal Zone Manage- 
 ment. Protecting a National Treasure describes the designation of the Marine Sanctuary and 
 was NOAA's first publication on the Marine Sanctuary. Our Fragile Coral Reefs— Enjoy But 
 Don't Destroy explains the basic ecology of the coral reef, its benefits, the threats to its ex- 
 istence, and the do's and don'ts for its protection. Key Largo Coral Reef Marine Sanctuary is a 
 general information brochure that briefly describes every facet of the Marine Sanctuary from 
 designation to present management plans. The Office of Coastal Zone Management also en- 
 courages freelance writers to avail themselves of the extensive subject matter the coral reef 
 provides for articles. Representatives from OCZM are available to present talks on the Marine 
 Sanctuary. 
 
 Also important in public education are the efforts of the Florida Park Service. It provides 
 information to the visiting public stressing protection of the coral reef ecosystem and apprecia- 
 tion of its unique natural and cultural resources. The Park Service also is constructing a new 
 visitor center at the John Pennekamp Coral Reef State Park headquarters to supplement its 
 educational efforts. 
 
 24 
 
INTERAGENCY COOPERATION 
 
 NOAA has the legal authority to control activities within the Marine Sanctuary through its 
 Marine Sanctuary regulations. However, NOAA cannot directly control activities outside the 
 Marine Sanctuary. It must rely instead on working through other agencies by making com- 
 ments on permits and projects. This may take the form of comments on United States Army 
 Corps of Engineer Permit Applications, EPA actions, Environmental Impact Statements, or 
 State government actions. 
 
 OCZM realizes the importance of interagency cooperation in the achievement of mutual en- 
 vironmental goals and makes every effort to establish and maintain close interagency coopera- 
 tion with appropriate offices. 
 
 With Biscayne National Monument (United State Park Service) to the north and John Pen- 
 nekamp Coral Reef State Park to the west, the nature of the Marine Sanctuary location war- 
 rants close interagency cooperation. 
 
 OCZM works closely with the Florida Department of Natural Resources as a result of a co- 
 operative agreement for onsite management. 
 
 The United States Park Service and the Office of Coastal Zone Management freguently col- 
 laborate in designing programs for environmental protection, such as water quality monitoring. 
 The Bureau of Land Management and the Office of Coastal Zone Management are coordinat- 
 ing their work and streamlining their regulatory authorities in the Sanctuary. The U.S. Army 
 Corps of Engineers and OCZM also have an understanding by Regulation (33 CFR 320. 4[i]) that 
 any permits applied for through the Corps of Engineers that would involve Marine Sanctuary 
 waters must be first approved by OCZM. 
 
 In addition, the Office of Coastal Zone Management cooperates with regional Fisheries Man- 
 agement Councils on fishery management plans and attends Fishery Management Council 
 meetings and participates on Fishery Management Council Advisory Committees. 
 
 MANAGEMENT ACCOMPLISHMENTS 
 
 Since the President's 1977 Environmental Message and the assignment of additional personnel 
 to the Marine Sanctuary Program, the following management objectives have been accom- 
 plished. 
 
 • The violation procedure has been simplified and made more efficient by using a civil penalty 
 traffic ticket system. 
 
 • U.S. Coast Guard and Florida Department of Natural Resources coordination has been im- 
 proved, resulting in a significant increase in citations in 1978. 
 
 • NOAA Office of General Counsel, St. Petersburg, Fla. , has clarified notice of violation proce- 
 dures and developed a standard table for fines, making the system more efficient and consis- 
 tent. 
 
 • A baseline geological assessment in cooperation with U.S. Geological Survey has been com- 
 pleted to determine the growth of the coral reef over the past fifty years, and provide insight 
 into the geologic history of the reef. 
 
 • A bibliography has been compiled listing all past relevant scientific research conducted in the 
 area. 
 
 • Permits have been granted to conduct research on coral carbonate production and the 
 effects of drilling muds on coral; the ecology, behavior and physiology of corals; the ecology of 
 the moray eel; and the concentration of heavy metals in the Sanctuary. 
 
 • A request for proposals for a biological inventory and reef health assessment has been de- 
 veloped and partly funded in fiscal year 1979. 
 
 • A study to collect past water quality data that deals with the Marine Sanctuary has begun. 
 
 • The first comprehensive management plan has been devised for the Marine Sanctuary. 
 
 25 
 
MANAGEMENT GOALS 
 
 In order to develop an effective and efficient management system for the Marine Sanctuary, 
 management priorities are divided into two basic groups: foundation and supportive. Those 
 identified for 1979-1980 are essential for completing the foundation of a basic management 
 strategy. Those after 1980 will be supportive of the basic established plan. 
 
 The following are foundation items that will be given priority in 1979 and 1980. 
 
 1. Expand Duties and Responsibility of Onsite Manager 
 
 At present funding levels the duties and responsibilities of the onsite manager are mostly 
 limited to enforcement and surveillance activities. 
 
 In 1974 the Florida Coastal Coordinating Council made the following recommendation: 
 
 An immediate, intensive research effort should be established to ascertain physiological 
 stresses of the Keys' coral reefs as a system. Such an effort should be designed to serve 
 as a basis for active management of the reefs as a valuable public resource and should in- 
 clude provisions for monitoring their viability over time. 
 
 Comparable biological information on the condition of the reef is lacking in semiannual 
 reports. If comparisons are to be made over time regarding the condition of the reef, a system 
 to guantify significant changes is needed. 
 
 NOAA, in cooperation with the Florida UNR, will work to monitor, on a monthly basis, per- 
 manent stations established at environmentally different locations. A written log will be main- 
 tained for each site to include: observation of coral colonies for disease, mortality, growth, and 
 recruitment; measurement of sedimentation; measurement of temperature, salinity, and tur- 
 bidity; evidence of anchor damage, diver damage, or other use-related impact; life history 
 observations for other invertebrates present. A copy of each month's log will be sent to the Of- 
 fice of Coastal Zone Management with a summary included in the annual report. 
 
 The onsite manager will publish an annual report to include (but not be limited to) the follow- 
 ing items: environmental analysis including the summary of monthly monitoring stations, water 
 quality studies, reef assessment studies, user-related impacts, and such other information as 
 necessary; enforcement analysis including a summary of activities, notices of violations, case 
 disposition, and related problems; visitor use including statistical information on number of 
 visitors, points of entry and areas and type of use, and conclusion and recommendations in- 
 cluding ways to improve reef management at Key Largo. 
 
 2. Biological Inventory and Reef Health Assessment 
 
 In an effort to provide a scientific data baseline upon which future changes can be judged and 
 management decisions based, NOAA will give priority to completing a biological inventory, and 
 reef health assessment. 
 
 The biological inventory will provide baseline data on the distribution, diversity, and abun- 
 dance of organisms on the reef. The comparison of future inventories to these baseline data will 
 enable managers to detect changes in population structures over time. 
 
 A reef health assessment will estimate the percent live coral versus dead coral cover on the 
 reef and document the extent of coral disease and anchor damage. Future reassessments can 
 be compared with this baseline to detect deteriorating conditions. 
 
 3. Water Quality Assessment 
 
 The water quality assessment will determine if water quality conditions are condusive to coral 
 proliferation and provide baseline data to which future data can be compared. Organic 
 pollutants, nutrients, temperature, salinity, turbidity, and other parameters will be used to 
 monitor water quality. 
 
 4. Deep Water Survey 
 
 Approximately half of the Key Largo Coral Reef Marine Sanctuary lies in 100 to 300 feet (30-90 
 m) of water. To properly conserve and manage this area, it is necessary to understand the ex- 
 tent of the resource. Previous research has been limited to waters less than 100 feet (30 m) 
 deep. Harbor Branch Foundation's Progress Report and Proposal of the Biology Group of the 
 
 26 
 
Florida Keys Turbidity Project, 18 August 1973, indicates from Johnson-Sea-Link missions May 
 30-June 5, 1973, the existence of significant deepwater reefs. This deep reef ridge is located 
 about 7.7 miles (12.4 km) offshore in 125 to 165 feet (40-50 m) of water and is believed to ex- 
 tend for miles in length along the Keys. Photographs taken on the ridge by Harbor Branch 
 Foundation show a well-developed community of deepwater coral (Agaricia agaric/res, Mon- 
 tastrea cavernosa) species. 
 
 In an effort to fill the significant gap in baseline data, NOAA plans to make a preliminary 
 survey of the deepwater resources of the Marine Sanctuary. The survey will gather information 
 on the location of deepwater reefs, associated organisms, and archaeological resources. 
 
 After a sound management foundation is built, priority after 1980 will be given to items that 
 support this system. 
 
 1. Periodic Biological Inventory and Reef Health Assessment 
 
 A biological and reef health assessment, repeated every five years, will enable the Sanctuary 
 managers to detect changes in the distribution, diversity, and abundance of coral reef popula- 
 tions and better understand the ecological evolution of the reef itself. In addition, the extent 
 coral of disease and human-related damage can be guantified and management objectives 
 updated to alleviate any stresses detected. 
 
 2. Anchor Damage Studies 
 
 The effect of anchoring on corals is not fully understood. In some species, outright breaking of 
 the coral may actually increase propagation. In other species, simple scraping may lead to fatal 
 infection of the coral. Research will be funded to closely investigate the effects of mechanical 
 damage to the corals. 
 
 3. Coral Disease Studies 
 
 Like all living organisms, coral can be killed by disease. The coral reef at Key Largo is subject to 
 natural temperature stresses because it is located at the northernmost fringe of coral reef 
 development. The reef is also subjected to intense human-related stress. Coral under stress, 
 either natural or human, is more susceptible to disease. NOAA will fund studies to better 
 understand the causes of coral diseases, methods of alleviation, and the role of disease in the 
 coral reef ecosystem. 
 
 4 . L obs ter A ssessmen t 
 
 In order to better understand, conserve, and manage the reef's threatened commercially 
 important species of lobsters, NOAA will fund studies to investigate critical aspects of the 
 lobsters' life histories, including breeding habits, migration, growth, mortality, recruitment, 
 distribution, and abundance. 
 
 5. Cultural Resources 
 
 The Key Largo Sanctuary has a large number of diverse cultural resources, including a light- 
 house, a unigue sculpture, and shipwrecks and their associated artifacts. NOAA will fund 
 surveys to provide a rational foundation for managing these resources. 
 
 27 
 
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 WATSON, M.: 1970, The 1733 Plate Fleet; Skin Diver, 19(6); 4 pp. 
 
 GENERAL PUBLIC INTEREST 
 
 ANONYMOUS: 1961; Undersea scapes: Molasses Reef; Underwater 1(2); 16-25. 
 
 ANONYMOUS: 1978, Underwater Weekend; Mills Publications, Inc., 48 pp. 
 
 ARNOLD, B. and P. ARNOLD: 1977, Dive America. The Fabulous Keys; Dive America, Inc. 
 
 BARADA, B.: 1971; Rape of Florida's Coral Reefs, Skin Diver, 20(2), 14-19. 
 -1975; Keys Dive Guides Fight to Save Coral; Skin Diver, 24(12); 41-45. 
 
 32 
 
-1973; The Battle of Pennekamp Park. Part I Power Play for Pennekamp Profits; Skin Diver, 
 
 22(2); 10-15. 
 -1973; The Battle of Pennekamp Park. Part II Pennekamp's Cat and Dog Fight; Skin Diver, 
 
 22(3); 6 pp. 
 
 — 1973; The Battle of Pennekamp Park. Part III The Real Threat to Pennekamp; Skin Diver, 
 22(4); 20-23. 
 
 CHAPLIN, C. C. G.: 1972; Fish watchers guide to West Atlantic Coral Reefs; Livingston Pub. 
 Camp., Wynnwood, Pa.; 64 pp. 
 
 GREENBERG, I.: 1967; Take an U/W Trip to Pennekamp Park; Skin Diver, 16(11); 28-33. 
 
 — 1977; Guide to Corals and Fishes of Florida, the Bahamas, and the Caribbean; Seahawk 
 Press, Miami, Fla. ; 64 pp. 
 
 GREENBERG, J.: 1961; Exploring the World's First Undersea Park; Audubon 63(3); 140-147. 
 
 TZIMOULIS, P.: 1971; Night Diving in the Florida Keys; Skin Diver, 20(10); 44-46. 
 
 -1975; Scuba Guide to Florida Keys; Skin Diver, 24(6); 74-79. 
 
 -1975; Key Largo- Home of Pennekamp Park; Skin Diver, 24(10); 58-62. 
 
 -1976; The Elbow; Skin Diver; 25(4); 76-79. 
 
 -1976; Molasses Reef; Skin Diver, 25(8); 72-77. 
 
 VELDE, P. and N. DELOACH: 1973; Diving Guide to the Florida Keys; New World Publica- 
 tions; 66 pp. 
 
 33 
 
appendices 
 
 LEGISLATION 
 
 Public Law 92-532 
 
 92nd Congress, H. R. 9727 
 
 October 23, 1972 
 
 an act 
 
 86 STAT. 1052 
 
 and Sanctuaries 
 Act of 1972. 
 
 T<> regulate the transportation for dumping, and the dumping, of material into 
 ocean waters, and for other purposes. 
 
 He it enacted hy the Semite and Ilons< of Repretentatires of the 
 
 /'ntted States of America in Congress assembled. That this Act may Marine Proteo- 
 l>e cited as the "Marine Protection, Research, and Sanctuaries Act of ^° n ^f. e *^'. 
 
 FINDING, POLICY. AND PURPOSE 
 
 Skc 2. (a) Unregulated dumping of material into ocean waters 
 endangers human health, welfare, and amenities, and the marine envi- 
 ronment, ecological systems, and economic potentialities. 
 
 (I>) The Congress declares that it is the policy of the United States 
 to regulate the dumping of all types of materials into ocean waters 
 and to prevent or strictly limit the dumping into ocean waters of any 
 material which would adversely affect human health, welfare, or 
 amenities, or the marine environment, ecological systems, or economic 
 potentialities. 
 
 To this end, it is the purpose of this Act to regulate the transporta- 
 tion of material from the United States for dumping into ocean 
 waters, and the dumping of material, transported from outside the 
 United States, if the dumping occurs in ocean waters over which the 
 United States has jurisdiction or over which it may exercise control, 
 under accepted principles of international law. in order to protect its 
 territory or territorial sea. 
 
 DEFINITIONS 
 
 Skc. 3. For the purposes of this Act the term — ■ 
 
 (a) "Administrator" means the Administrator of the Environ- 
 mental Protection Agency. 
 
 (b) "Ocean waters*' means those waters of the open seas lying sea- 
 ward of the base line from which the territorial sea is measured, as 
 provided for in the Convention on the Territorial Sea and the Con- 
 tiguous Zone ( 15 UST 1600; TIAS 5639). 
 
 (c) "Material" means matter of any kind or description, including, 
 but not limited to, dredged material, solid waste, incinerator residue, 
 garbage, sewage, sewage sludge, munitions, radiological, chemical, and 
 biological warfare agents, radioactive materials, chemicals, biological 
 and laboratory waste, wreck or discarded equipment, rock, sand, exca- 
 vation debris, and industrial, municipal, agricultural, and other waste : 
 
 34 
 
but such terra does not mean oil within the meaning of section 11 of the 
 
 Federal Water Pollution Control Act. as amended (33 U.S.C. 1161) Ante, p. 816. 
 
 and does not mean sewage from vessels within the meaning of section 
 
 13 of such Act (33 U.S.C. 1 163) . 
 
 (d) "United States" includes the several States, the District of 
 Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the 
 territories and possessions of the United States, and the Trust Ter- 
 ritory of the Pacific Islands. 
 
 (e) "Person" means any private person or entity, or any officer, 
 employee, agent, department, agency, or instrumentality of the Federal 
 Government, of any State or local unit of government, or of any 
 foreign government. 
 
 (f ) "Dumping" means a disposition of material : Provided, That it 
 does not mean a disposition of any effluent from any outfall structure 
 to the extent that such disposition is regulated under the provisions of 
 the Federal Water Pollution Control Act. as amended (33 U.S.C. 1151- 
 1175), under the provisions of section 13 of the Rivers and Harbors Act 
 
 30 Stat. 1152. °f INSM), ms amended (33 U.S.C. 407). or under the provisions of the 
 68 Stat. 921. Atomic Fnergy Act of l!»r»4. as amended (4-2 U.S.C. 2011, et seq.), nor 
 
 does it mean a routine discharge of effluent incidental to the propul- 
 sion of, or operation of motor-driven equipment on, vessels: I'ro- 
 ci'ded further. That it does not mean the construction of any fixed 
 structure or artificial island nor the intentional placement of any 
 device in ocean waters or on or in the submerged land beneath such 
 waters, for a purpose other than disposal, when such construction or 
 such placement is otherwise regulated by Federal or State law or 
 occurs pursuant to an authorized Federal or State program: And 
 provided further. That it does not include the deposit of oyster shells. 
 or other materials when such deposit is made for the purpose of 
 developing, maintaining, or harvest ing fisheries resources and is other- 
 wise regulated bv Federal or State law or occurs pursuant to an author- 
 ized Federal or State program. 
 
 ( g) "District court of the United States" includes the District Court 
 of Guam, the District Court of the Virgin Islands, the District Court 
 of Puerto Rico, the District Court of the Canal Zone, and in the case 
 of American Samoa and the Trust Territory of the Pacific Islands, 
 the District Court of the United States for the District of Hawaii, 
 which court shall have jurisdiction over actions arising therein. 
 
 ( h ) "Secretary" means the Secretary of the Army. 
 
 (i) "Dredged material" means any material excavated or dredged 
 from the navigable waters of the United States. 
 
 ( j) "High-level radioactive waste" means the aqueous waste result- 
 ing from the operation of the first cycle solvent extraction system, or 
 equivalent, and t ho concentrated waste from subsequent extraction 
 cycles, or equivalent, in a facility for reprocessing irradiated reactor 
 fuels, or irradiated fuel from nuclear power reactors. 
 
 35 
 
LEGISLATION (continued) 
 
 (k) "Transport" or "transportation" refers to the carriage and 
 related handling; of an) material by a vessel, or by any other vehicle. 
 including: aircraft. 
 
 TITLE III— MARINE SANCTUARIES 
 
 "Secretary." Sec 301. Notwithstanding- the provisions of subsection (h) of sec- 
 
 tion 3 of this Act, the term "Secretary", when used in this title, means 
 Secretary of Commerce. 
 
 Sec. 30-2. (a) The Secretary, after consultation with the Secretaries 
 of State, Defense, the Interior, and Transportation, the Administra- 
 tor, and the heads of other interested Federal agencies, and with the 
 approval of the President, may designate as marine sanctuaries those 
 areas of the ocean waters, as far seaward as the outer edge of the 
 Continental Shelf, as defined in the Convention of the Continental 
 
 15 ust 471. Shelf (15 U.S.T. 74; TIAS 5578), of other coastal waters where the 
 
 tide ebbs and flows, or of the Great Lakes and their connecting waters, 
 which he determines necessary for the purpose of preserving or restor- 
 ing such areas for their conservation, recreational, ecological, or 
 esthetic values. The consultation shall include an opportunity to review 
 and comment on a specific proposed designation. 
 
 (b) Prior to designating a marine sanctuary which includes waters 
 lying within the territorial limits of any State or superjacent to the 
 subsoil and seabed within the seaward boundary of a coastal State, 
 as that boundary is defined in section 2 of title I of the Act of May 22, 
 
 43 use 1301. 1953 (67 Stat. 29), the Secretary shall consult with, and give due con- 
 
 sideration to the views of, the responsible officials of the State involved. 
 As to such waters, a designation under this section shall become effec- 
 tive sixty days after it is published, unless the Governor of any State 
 involved shall, before the expiration of the sixty-day period, certify 
 to the Secretary that the designation, or a specified portion thereof, 
 is unacceptable to his State, in which case the designated sanctuary 
 shall not include the area certified as unacceptable until such time as 
 the Governor withdraws his certification of unacceptability. 
 
 (c) When a marine sanctuarv is designated, pursuant to this sec- 
 tion, which includes an area of ocean waters outside the territorial 
 jurisdiction of the United States, the Secretary of State shall take 
 such actions as may be appropriate to enter into negotiations with 
 other Governments for the purpose of arriving at necessary agree- 
 ments with those Governments, in order to protect such sanctuary 
 and to promote the purposes for which it was established. 
 
 (d) The Secretary shall submit an annual report to the Congress, Annual report 
 on or before November 1 of each year, setting forth a comprehensive to Congress. 
 review of his actions during the previous fiscal year undertaken pur- 
 suant to the authority of this section, together with appropriate rec- 
 ommendation for legislation considered necessary for the designation 
 
 and protection of marine sanctuaries. 
 
 36 
 
Jurisdiction. 
 
 Appropriation, 
 
 (e) Before a marine sanctuary is designated under this section, the Hearings. 
 Secretary shall hold public hearings in the coastal areas which would 
 
 be most directly affected by such designation, for the purpose of 
 receiving and giving proper consideration to the views of any 
 interested party. Such hearings shall be held no earlier than thirty 
 days after the publication of a public notice thereof. 
 
 (f) After a marine sanctuary has been designated under this sec- Regulations. 
 tion, the Secretary, after consultation with other interested Federal 
 
 agencies, shall issue necessary and reasonable regulations to control 
 any activities permitted within the designated marine sanctuary, and 
 no permit, license, or other authorization issued pursuant to any ^tl.er 
 authority shall be valid unless the Secretary shall certify that the 
 permitted activity is consistent with the purposes of this title and 
 can be carried out within the regulations promulgated under this 
 section. 
 
 (g) The regulations issued pursuant to subsection (f) shall be 
 applied in accordance with recognized principles of international law, 
 including treaties, conventions, and other agreements to which the 
 United States is signatory. Unless the application of the regulations 
 is in accordance with such principles or is otherwise authorized by 
 an agreement between the United States and the foreign State of 
 which the affected person is a citizen or, in the case of the crew of a 
 foreign vessel, between the United States and flag State of the vessel, 
 no regulation applicable to ocean waters outside the territorial juris- 
 diction of the United States shall be applied to a person not a citizen 
 of the United States. 
 
 Sec. 30,3. (a) Any person subject to the jurisdiction of the United Penalties. 
 States who violates any regulation issued pursuant to this title shall 
 be liable to a civil penalty of not more than $50,000 for each such vio- 
 lation, to be assessed by the Secretary. Each day of a continuing viola- 
 tion shall constitute a separate violation. 
 
 (b) No penalty shall be assessed under this section until the person 
 charged has been given notice and an opportunity to be heard. Upon 
 failure of the offending party to pay an assessed penalty, the Attorney 
 General, at the request of the Secretary, shall commence action in the 
 appropriate district court of the United States to collect the penalty 
 and to seek such other relief as may be appropriate. 
 
 (c) A vessel used in the violation of a regulation issued pursuant to 
 this title shall be liable in rem for any civil penalty assessed for such 
 violation and may be proceeded against in any district court of the 
 United States having jurisdiction thereof. 
 
 (d) The district courts of the United States shall have jurisdiction 
 to restrain a violation of the regulations issued pursuant to this title, 
 and to grant such other relief as may be appropriate. Actions shall be 
 brought by the Attorney General in the name of the United States, 
 either on his own initiative or at the request of the Secretary. 
 
 Sec. 304. There are authorized to be appropriated for the fiscal year 
 
 37 
 
LEGSSLATIOM (continued) 
 
 in which this Act is enacted and for the next two fiscal years thereafter 
 such sums as may be necessary to carry out the provisions of this title, 
 including sums for the costs of acquisition, development, and operation 
 of marine sanctuaries designated under this title, but the sums appro- 
 priated for any such fiscal year shall not exceed $10,000,000. 
 
 Approved October 23, 1972, 
 
 LEGISLATIVE HISTORY: 
 
 HOUSE REPORTS: No, 92-361 (Comm. on Merchant Marine and Fisheries) and 
 
 No. 92-1546 (Comm. of Conference). 
 SENATE REPORT No. 92-451 (Comm. on Commerce). 
 CONGRESSIONAL RECORD: 
 
 Vol. 117 (1972): Sept. 8, 9, considered and passed House, 
 
 Nov, 24, considered and passed Senate, amended. 
 Vol. 118 (1972): Oct, 13, Senate and House agreed to conference 
 
 report. 
 WEEKLY COMPILATION OP PRESIDENTIAL DOCUMENTS: 
 
 Vol. 8, No. 44 (1972): Oct. 28, Presidential statement. 
 
 RULES AMD REGULATIONS 
 
 Title 15 — Commerce and Foreign Trade 
 
 CHAPTER IX—NATIONAL OCEANIC AND 
 ATMOSPHERIC ADMINISTRATION, DE- 
 PARTMENT OF COMMERCE 
 
 PART 929— KEY LARGO CORAL REEF 
 MARINE SANCTUARY 
 
 Interim Regulations 
 
 January 13, 1976. 
 
 On December 18, 1975, the Secretary 
 of Commerce designated as a marine 
 sanctuary an area of the Atlantic Ocean 
 adjacent to but excluding the State of 
 Florida's John Pennekamp Coral Reef 
 State Park. This ocean area is directly 
 east of the city of Key Largo, Florida. 
 The marine sanctuary boundary begins 
 at the outer boundaries of the state park 
 and extends seaward to about the 300 
 foot isobath. Included within the marine 
 sanctuary area is the Key Largo Coral 
 Reef Preserve. 
 
 The Key Largo Coral Reef Marine 
 Sanctuary was designated pursuant to 
 the authority of section 302(a) of the 
 Marine Protection, Research and Sanc- 
 tuaries Act of 1972 (86 Stat. 1052, Pub. 
 L. 92-532, hereafter referred to as the 
 Act). 
 
 Section 302(f) of the Act directs the 
 Secretary to issue necessary and reason- 
 able regulations to control any activities 
 permitted within a designated marine 
 sanctuary. This section also provides 
 that no permit, license, or other authori- 
 zation issued pursuant to any other au- 
 thority shall be valid unless the Secre- 
 tary shall certify that the permitted ac- 
 tivity is consistent with the purposes of 
 Title m of the Act ("Marine Sanctuar- 
 ies") ; and that it can be carried out 
 within the regulations promulgated un- 
 der section 302(f). 
 
 The authority of the Secretary to ad- 
 minister the provisions of the Act has 
 been delegated to the Administrator, Na- 
 
 tional Oceanic and Atmospheric Admin- 
 istration, U.S. Department of Commerce 
 (hereafter the Administrator, 39 FR 
 10255, March 19, 1974). 
 
 There are published herewith interim 
 regulations relating to activities to be 
 prohibited or permitted in the Sanctuary, 
 and relating to the certification require- 
 ment described above. Comments upon 
 these regulations are invited through 
 February 20, 1976. Comments should be 
 addressed to the Administrator, National 
 Oceanic and Atmospheric Administra- 
 tion, U.S. Department of Commerce, 
 Washington, D.C. 20230. Following the 
 close of this comment period, any com- 
 ments received will be reviewed. At the 
 discretion of the Administrator, these 
 interim regulations will be amended so 
 as to reflect any such comments. The Ad- 
 ministrator shall then publish final regu- 
 lations in the Federal Register. As au- 
 thorized by 5 U.S.C. 553(d) (3 ) , these in- 
 terim regulations are effective in order to 
 
 38 
 
protect the Sanctuary until final regula- 
 tions become effective. 
 
 Sec. 
 
 929.1 Authority. 
 
 929.2 Description of the Sanctuary. 
 
 929.3 Marine Sanctuary Management Sys- 
 
 tem. 
 
 929.4 Activities prohibited within the Sanc- 
 
 tuary. 
 
 929.5 Penalties for Commission of Prohib- 
 
 ited Acts. 
 
 929.6 Permitted activities. 
 
 929.7 Permit procedures and criteria. 
 
 929.8 Certification procedures. 
 
 929.9 Appeals of administrative action. 
 
 Authority: Sees. 302(f), 302(g) and 303 
 or the Act. 
 
 § 929.1 Authority. 
 
 The Sanctuary has been designated by 
 the Secretary of Commerce pursuant to 
 the authority of section 302 (a) of the 
 Act. The following regulations are issued 
 pursuant to the authorities of sections 
 302(f) , 302(g) and 303 of the Act. 
 
 § 929.2 Description of the Sanctuary. 
 
 The Sanctuary consists of a portion 
 of the water column in the Atlantic 
 Ocean beginning at approximately three 
 miles east of the city of Key Largo, 
 Florida. The coordinates for the marine 
 sanctuary are: the point of beginning 
 (POB) is geographic coordinates 25° (de- 
 grees), 19.45' (minutes) north latitude, 
 80° (degrees), 12.0' (minutes) west longi- 
 tude, said point being the northeast 
 boundai-y corner of John Pennekamp 
 Coral Reef State Park. From said POB 
 run thence southeasterly to geographic 
 coordinates 25° (degrees), 16.2' (min- 
 utes) north latitude 80° (degrees), 8.7' 
 (minutes) west longitude, said point also 
 bei lg on the 300 foot isobath, thence in 
 a southwesterly direction to geographic 
 coordinates 25° (degrees), 07.5' (min- 
 utes) north latitude 80° (degrees), 12.5' 
 (minutes) west longitude, thence again 
 run in a southwesterly direction to geo- 
 graphic coordinates 24° (degrees), 58.3' 
 (minutes) north latitude, 80° (degrees), 
 19.8' (minutes) west longitude, thence 
 leaving said 300 foot isobath run north- 
 westerly to geographic coordinates 25° 
 (degrees), 2.2' (minutes) north latitude, 
 80° (degrees), 25.25' (minutes) west lon- 
 gitude, said point being the southeast 
 boundary corner of John Pennekamp 
 Coral Reef State Park, thence in a north- 
 easterly direction along said easterly 
 boundary of said state part to the POB. 
 
 § 929.3 Marine Sanctuary Management 
 System. 
 
 (a) The National Oceanic and Atmos- 
 pheric Administration (hereinafter re- 
 ferred to as NOAA) has the primary re- 
 sponsibility for the management of the 
 Marine Sanctuary pursuant to the Act. 
 NOAA's responsibilities under the Act 
 require that the Office of Coastal Zone 
 Management (OCZM) review, consider 
 and approve any activities that take 
 place in the Sanctuary pursuant to these 
 rules and regulations. 
 
 (b) NOAA will be assisted in the ad- 
 
 ministration of the marine sanctuary by 
 the State of Florida's Department of 
 Natural Resources, Division of Recrea- 
 tion and Parks pursuant to an agreement 
 between the State of Florida and NOAA. 
 Pursuant to this agreement, the State 
 of Florida will endeavor to serve as the 
 on site manager of the Sanctuary. The 
 State of Florida will be assisted in its 
 role as the on site manager by an advi- 
 sory board consisting of representatives 
 from the Department of Interior's Na- 
 tional Park Service; the U.S. Coast 
 Guard; the U.S. Department of Justice; 
 NOAA's National Marine Fisheries Serv- 
 ice; and the State of Florida's Division 
 of Marine Resources, Florida's Division 
 of Marine Law Enforcement, Florida's 
 Department of Environmental Regula- 
 tion; local citizen association, and Asso- 
 ciation of Dive Boat Captains. 
 
 § 929.4 Activities Prohibited Within the 
 Sanctuary. 
 
 Present and future uses of the Sanc- 
 tuary include recreational boating and 
 
 Ashing, snorkeling and scuba diving, 
 commercial transport, fisheries activi- 
 ties and scientific endeavors. Those ac- 
 tivities allowed within the marine sanc- 
 tuary, however, will be subject to the fol- 
 lowing rules and regulations which are 
 intended to provide for the maximum 
 public use consistent with the primary 
 purpose of the establishment of the 
 Sanctuary. Except as may be permitted 
 by the Administrator of NOAA, no per- 
 son subject to the jurisdiction of the 
 United States shall conduct, nor cause to 
 be conducted, any of the following activ- 
 ities in the Sanctuary. 
 
 (a) Removal or destruction of natural 
 features and marine life. (1) No person 
 shall destroy, injure, harmfully disturb 
 or remove beach sand, gravel or minerals, 
 corals, sea feathers and fans, shells and 
 shellfish (except lobster, crawfish and 
 stone crab), starfishes or other marine 
 invertebrates, seaweeds, grasses, or any 
 soil, rock, artifact, stone or other ma- 
 terial. Nor shall any person have posses- 
 sion of any of the above listed items 
 within the boundaries of the Sanctuary 
 regardless of their place of extraction. 
 
 (2) No person shall cut, carve, injure, 
 mutilate, move or displace or break off 
 any bottom formation of growth. 
 
 (3) No rope, wire anchor, or other ob- 
 ject shall be attached to any coral, rock 
 or other formation. 
 
 (b) Dredging, filling, excavating and 
 building activities. (1) No dredging, ex- 
 cavating or filling operations of any kind 
 are to be carried out within the bound- 
 aries of the Sanctuary. No materials of 
 any sort may be deposited in or on the 
 waters of the sanctuary. 
 
 (2) No structure of any kind, whether 
 permanent or temporary, may be con- 
 structed or built. 
 
 (3) No public service facility may be 
 constructed or extended into, upon or 
 across the Sanctuary, with the exception 
 of marking and mooring buoys or sta- 
 tions. 
 
 (c) Discharge of refuse and polluting 
 substances. No person shall discharge or 
 deposit any waste materials into the 
 waters of the Sanctuary. Specifically pro- 
 hibited are wastes, acids, oil liquid wastes 
 or other deleterious chemicals, bottles, 
 broken glass, paper, boxes, dirt, rubbish, 
 garbage, refuse, human waste or other 
 foreign substances. 
 
 (d) Archaeological and historic sub- 
 stances. No person shall willfully destroy, 
 molest, deface, remove, displace or tam- 
 per with an archaeological or historical 
 resource or cargo pertaining to sub- 
 merged wrecks within the boundaries of 
 the Sanctuary. 
 
 (e) Markers. No person shall willfully 
 mark, deface or damage in any way, or 
 displace, remove or tamper with any 
 signs, notices or placards, whether tem- 
 porary or permanent, or with any monu- 
 ments, stakes, posts or other boundary 
 markers installed by the sanctuary man- 
 ager or markers placed for the purpose of 
 lobster pot fishing. 
 
 (f) Fishing. (1) Sport and commercial 
 fishing is allowed in the Sanctuary with 
 hook and line for the purpose of taking 
 surface, mid-water or bottom fishes. Fur- 
 thermore, the taking of crawfish, spiny 
 lobster and stone crab with traps is al- 
 lowed for commercial purposes. All traps 
 shall be marked, color coded and num- 
 bered at all times. 
 
 (2) Fishes normally resident in the 
 coral formations (often categorized as 
 tropical fishes which are of minimal 
 sport and food value, and are usually 
 brightly colored and thus used for 
 aquaria purposes) and which live in a 
 direct interrelationship with the corals, 
 may not be caught or collected, except 
 inadvertently by hook and line. 
 
 (3) The use of poisons, electric charges 
 and similar methods for the taking of 
 fish is prohibited. 
 
 (4) Some portions of the Sanctuary 
 may be set aside as control areas for 
 research to assist in managing the sanc- 
 tuary. Those areas designated by the 
 sanctuary manager will be closed to fish- 
 ing. No more than 20 percent of the 
 Sanctuary may be closed at any given 
 time for this purpose. 
 
 (g) Scuba diving and skin diving 
 activities. (1) Diving for underwater 
 observation and photography is allowed 
 and encouraged in the Sanctuary as a 
 compatible and desirable use. 
 
 (2) Divers are prohibited from han- 
 dling coral formations, standing on coral 
 formations or otherwise disturbing the 
 corals within the boundaries of the 
 Sanctuary. 
 
 (h) Operation of watercraft. (1) All 
 watercraft shall be operated in accord- 
 ance with applicable Federal rules and 
 regulations. The following additional 
 constraints will also be imposed within 
 the boundaries of the sanctuary. 
 
 (2) No watercraft should be operated 
 in such a manner as to strike or other- 
 wise cause damage to the natural fea- 
 tures of the marine sanctuary. 
 
 (3) Except in case of emergency situ- 
 
 39 
 
ation where life and property may be 
 endangered, no anchor should be cast or 
 dragged in such a way as to damage any 
 coral reef formations. Anchors shall be 
 dropped on sand flats off the reefs and 
 placed so as not to drift into the coral 
 formations. 
 
 (4) No watercraft should be operated 
 at greater than 4 miles per hour or in 
 such a manner to create a wake in the 
 vicinity of divers, sightseeing boats or 
 fishermen, with the exception of law en- 
 forcement officials while in the perform- 
 ance of their duties. 
 
 (5) All watercraft from which diving 
 operations are being conducted shall fly 
 in a conspicuous manner, the red and 
 white "divers down" flag. 
 
 (6) No boat under power shall ap- 
 proach closer than 100 yards to a boat 
 displaying the diving flag except at a 
 minimum speed of 4 miles per hour. 
 Divers shall stay within 100 yards of 
 their diving flag. 
 
 (7) Boats anchored or proceeding at 
 slow speeds for fishing or observation 
 shall be approached or passed at such 
 slow speed that the wake of the ap- 
 proaching or passing boat does not dis- 
 turb the fishing or observation boats. 
 
 (8) Watercraft must use mooring 
 buoys, stations or anchoring areas when 
 such facilities and areas have been desig- 
 nated and are available. 
 
 <i) Photography. (1) Photography, 
 both surface and underwater, without in- 
 volving the installation of special set- 
 tings or structures is encouraged. 
 
 (2) No person shall take still or mo- 
 tion pictures, either commercial or pri- 
 vate, involving the use of special settings 
 or structures that would be likely to in- 
 terface with either the coral or the use 
 and enjoyment of the Sanctuary by other 
 persons. 
 
 (j) Advertising or publicity. No person 
 shall erect or cause to be erected any 
 signs, slogans or markers within the 
 Sanctuary. 
 
 (k) Explosives and dangerous weap- 
 ons. (1) Distress signalling devices are 
 considered necessary and proper for safe 
 vessel operation. Knives are frequently 
 used by fishermen and swimmers and 
 are not classified as weapons for the 
 purposes of these regulations. 
 
 (2) No pereson shall carry or possess, 
 except while passing through the Sanc- 
 tuary or for law enforcement purposes, 
 firearms or weapons of any description. 
 The use of air rifles, guns, bows and ar- 
 rows, slings, spear guns, harpoons or 
 other kinds of weapons potentially harm- 
 ful to human safety, fish and wildlife and 
 the reef structure is strictly prohibited 
 within the Sanctuary except for law en- 
 forcement purposes. 
 
 (3) The use of explosives within the 
 Sanctuary is prohibited. No person is 
 allowed to possess explosives in the Sanc- 
 tuary except while passing through the 
 Sanctuary. 
 
 § 929.5 Penalties for Commission of 
 Prohibited Acts. 
 
 (a) Section 303 of the Act authorizes 
 the assessment of a civil penalty of not 
 more than $50,000 for each violation of 
 any regulation issued pursuant to the 
 Act, and further authorizes a proceeding 
 in rem against any vessel used in viola- 
 tion of any such regulation. Details are 
 set out in Subpart D of Part 922 (15 
 CFR Part 922) of this chapter (39 FR 
 23254, 23257, June 27, 1974) . Subpart (D) 
 is applicable to any instance of a viola- 
 tion of these regulations. 
 
 (1) The U.S. Coast Guard shall have 
 the responsibility for surveillance and the 
 enforcement of these regulations pur- 
 suant to 14 U.S.C. 89. 
 
 (2) The Sanctuary may be closed to 
 public use in the event of emergency 
 conditions endangering life or property. 
 Certain areas may also be closed (but 
 the total closed area shall not exceed 
 20 percent of the total Sanctuary at any 
 one time) in order to (i) permit recovery 
 of the living resources from overuse, or 
 (ii) to provide for scientific research re- 
 lating to protection and management. 
 Public notice of closures will be made by 
 informing the local news media. 
 
 (3) Accidents involving personal in- 
 jury or damage to property in excess of 
 $100 shall be reported to the Sanctuary 
 Manager as soon as possible by the per- 
 son or persons involved. 
 
 § 929.6 Permitted Activities. 
 
 Any person or entity may conduct in 
 the Sanctuary any activity listed under 
 § 929.4 if: (a) Such activity is either (1) 
 for the purpose of research related to the 
 
 resources of the Sanctuary, or (2) per- 
 tains to salvage or recovery operations; 
 and (b) such person or entity is in 
 possession of a valid permit issued by 
 the Administrator of NOAA authorizing 
 the conduct of such activity; except that, 
 no permit is required for the conduct of 
 any activity immediately and urgently 
 necessary for the protection of life, 
 property, or the environment. 
 
 § 929.7 Permit procedures and criteria. 
 
 (a) Any person or entity who wishes 
 to conduct in the Sanctuary an activity 
 for which a permit is authorized by 
 § 929.6 (hereafter a permitted activity) 
 may apply in writing to the Adminis- 
 trator for a permit to conduct such 
 activity citing this section as the basis 
 for the application. Such application 
 should be made to the Administrator, 
 National Oceanic and Atmospheric Ad- 
 ministration, U.S. Department of Com- 
 merce, Washington, D.C. 20230. Upon 
 receipt of such application, the Admin- 
 istrator shall request, and such person 
 or entity shall supply to the Adminis- 
 trator, such information and in such 
 form as the Administrator may require 
 to enable him to act upon the application. 
 
 (b) In considering whether to grant a 
 permit for the conduct of a permitted 
 activity for the purpose of research re- 
 lated to the resources of the Sanctuary, 
 the Secretary shall evaluate such matters 
 as (1) the general professional and fi- 
 
 nancial responsibility of the applicant; 
 (2) the appropriateness of the research 
 method's) envisioned to the purpose (s) 
 of the research; (3) the extent to which 
 the conduct of any permitted activity 
 may diminish or enhance the value of 
 the Sanctuary as a source of recreational, 
 esthetic or scientific information; (4) the 
 end value of the research envisioned; and 
 (5) such other matters as the Adminis- 
 trator deems appropriate. 
 
 (c) In considering whether to grant a 
 permit for the conduct 6f a permitted 
 activity in the Sanctuary in relation to 
 an air or marine casualty, the Admin- 
 istrator shall consider such matters as 
 (1) the fitness of the applicant to do the 
 work envisioned; (2) the necessity of 
 conducting such activity; (3) the appro- 
 priateness of any activity envisoned to 
 the purpose of the entry into the Sanc- 
 tuary; (4) the extent to which the con- 
 duct of any such activity may diminish 
 the value of the Sanctuary as a source 
 of recreational, esthetic or scientific in- 
 formation; and (5) such other matters 
 as the Administrator deems appropriate. 
 
 (d) In considering any application 
 submitted pursuant to this Section, the 
 Administrator may seek and consider the 
 views of any person or entity, within or 
 outside of the Federal Government, as 
 he deems appropriate. 
 
 (e) The Administrator may, in his dis- 
 cretion, grant a permit which has been 
 applied for pursuant to this section, in 
 whole or in part, and subject to such 
 condition (s) as he deems appropriate. 
 except that the Administrator shall at- 
 tach to any permit granted for research 
 related to the Sanctuary the condition 
 that any information obtained in the 
 research shall be made available to the 
 
 public. The Administrator may observe 
 any activity permitted by this section; 
 and/or may require the submission of 
 one or more reports of the status or prog- 
 ress of such activity. 
 
 (f ) A permit granted pursuant to this 
 Section is nontransferable. 
 
 (g) The Administrator may amend, 
 suspend or revoke a permit granted pur- 
 suant to this section, in whole or in part, 
 temporarily or indefinitely, if. in his view, 
 the permit holder (hereafter the Holder > 
 has acted in violation of the terms of the 
 permit; or the Administrator may do so 
 for other good cause shown. Any such 
 action shall be in writing to the Holder, 
 and shall set forth the reason (s) for the 
 action taken. Any Holder in relation to 
 whom such action has been taken may 
 appeal the action as provided in § 929.8. 
 
 § 929.8 Certification procedures. 
 
 Any Federal agency which, as of the 
 effective date of these regulations, al- 
 ready has permitted, licensed or other- 
 wise authorized any prohibited activity 
 in the Sanctuary shall notify the Admin- 
 istrator of this fact in writing. The writ- 
 ing shall include a reasonably detailed 
 description of such activity, the per- 
 son (s'* involved, the beginning and end- 
 
 40 
 
ing dates of such permission, the rea- 
 son(s) and purpose(s) for same, and a 
 description of the total area affected. The 
 Administrator shall then decide whether 
 the continuation of the permitted activ- 
 ity, in whole or in part, or subject to such 
 condition(s) as he may deem appropri- 
 ate, is consistent with the purposes of 
 Title III of the Act and can be carried 
 out within these regulations. He shall in- 
 form the Federal agency of his decision 
 in these regards, and the reason (s) there- 
 for, in writing. The decision of the Sec- 
 retary made pursuant to this section 
 shall be final action for the purpose of 
 the Administrative Procedure Act. 
 
 § 929.9 Appeals of Administrative Ac- 
 tion. 
 
 (a) In any instance in which the Ad- 
 ministrator, as regards a permit author- 
 ized by, or issued pursuant to, this part: 
 (1) Denies a permit; (2) issues a permit 
 embodying less authority than was re- 
 quested; (3) conditions a permit in a 
 manner unacceptable to the applicant; 
 or (4) amends, suspends, or revokes a 
 permit for a reason other than the viola- 
 tion of regulations issued under this part, 
 the applicant or the permit holder, as the 
 case may be (hereafter the Appellant) , 
 may appeal the Administrator's action to 
 the Secretary of Commerce. In order to 
 be considered by the Secretary, such ap- 
 peal shall be in writing, shall state the 
 action(s) appealed and the reason(s) 
 therefor, and shall be submitted within 
 
 30 days of the action (s) by the Admin- 
 istrator. The Appellant may request a 
 hearing on the appeal. 
 
 Cb) Upon receipt of an appeal author- 
 ized by this Section, the Secretary may 
 request, and if he does, the Appellant 
 shall provide, such additional informa- 
 tion and in such form as the Secretary 
 may request in order to enable him to 
 act upon the appeal. If the Appellant has 
 not requested a hearing, the Secretary 
 shall decide the appeal upon (1) the basis 
 of the criteria set out in § 929.7(b) or 
 § 929.7(c), as appropriate, (2) informa- 
 tion relative to the application on file 
 in NOAA, (3) information provided by 
 the Appellant, and (4) such other con- 
 siderations as he deems appropriate. He 
 shall notify the Appellant of his decision, 
 and the reason (s) therefore, in writing 
 within 30 days of the date of his receipt 
 of the appeal. 
 
 (c) If the Appellant has requested a 
 hearing, the Secretary shall grant an 
 informal hearing before a Hearing Offi- 
 cer designated for that purpose by the 
 Secretary after first giving notice of the 
 time, place, and subject matter of the 
 hearing in the Federal Register. Such 
 hearing shall normally be held no later 
 than 30 days following publication of the 
 notice in the Federal Register. However, 
 the Hearing Officer may extend the time 
 for holding the hearing when deemed 
 equitable. The Appellant and any inter- 
 ested person may appear personally or 
 
 by counsel at the hearing, present evi- 
 dence, cross-examine witnesses, offer ar- 
 gument and file a brief. Within 30 days 
 of the last day of the hearing, the Hear- 
 ing Officer shall recommend in writing a 
 decision to the Secretary based upon the 
 considerations outlined in paragraph (b) 
 of this section and based upon the record 
 made at the hearing. 
 
 (d) The Secretary may adopt the 
 Hearing Officer's recommended decision, 
 in whole or in part, or may reject or 
 modify it. In any event, the Secretary 
 shall notify the Appellant of his decision, 
 and the reason (s) therefore, in writing 
 within 15 days of his receipt of the rec- 
 ommended decision of the Hearing Offi- 
 cer. The Secretary's action, whether 
 without or after a hearing, as the case 
 may be, shall constitute final action for 
 the purposes of the Administrative Pro- 
 cedure Act. 
 
 (e) Any time limit prescribed in this 
 Section may be extended by the Secre- 
 tary for good cause, either upon the Sec- 
 retary's own motion and upon written 
 notification to an Appellant stating the 
 reason(s) therefore, or upon the written 
 request of an Appellant to the Secretary 
 stating the reason(s) therefore, except 
 that no time limit may be extended more 
 than 30 days. 
 
 T. P. Gleiter, 
 Assistant Administrator 
 for Administration. 
 
 [FR Doc. 76-1379 Filed l-15-76;8:45 am] 
 
 MEMORANDUM OF UNDERSTANDING 
 
 U. S. Army Corps of Engineers 
 
 §320.4 General policies for evaluating permit applications. 
 
 The following policies shall be applicable to the review of all applications for Department of 
 the Army permits. Additional policies specifically applicable to certain types of activities are 
 identified in Parts 321-324 of this chapter. 
 
 (i) Activities in marine sanctuaries. Applications for Department of the Army authorization 
 for activities in a marine sanctuary established by the Secretary of Commerce under authority 
 of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended, 
 will be evaluated for impact on the marine sanctuary. No permit will be issued until the appli- 
 cant provides a certification from the Secretary of Commerce that the proposed activity is con- 
 sistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act of 
 1972, as amended, and can be carried out within the regulations promulgated by the Secretary 
 of Commerce to control activities within the marine sanctuary. Authorizations so issued will 
 contain such special conditions as may be required by the Secretary of Commerce in connec- 
 tion with his certification. 
 
 41 
 
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