101st CONGRESS
2d Session
H. R. 5909
AN ACT
To establish the Florida Keys National Marine Sanctuary, and for other
purposes.
HR 5909 EH
101st CONGRESS
2d Session
H. R. 5909
AN ACT
To establish the Florida Keys National Marine Sanctuary, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(1) The Florida Keys extend approximately 220 miles southwest from the
southern tip of the Florida peninsula.
(2) Adjacent to the Florida Keys land mass are located spectacular, unique,
and nationally significant marine environments, including seagrass meadows,
mangrove islands, and extensive living coral reefs.
(3) These marine environments support rich biological communities possessing
extensive conservation, recreational, commercial, ecological, historical,
research, educational, and esthetic values which give this area special
national significance.
(4) These environments are the marine equivalent of tropical rain forests
in that they support high levels of biological diversity, are fragile and
easily susceptible to damage from human activities, and possess high value
to human beings if properly conserved.
(5) These marine environments are subject to damage and loss of their
ecological integrity from a variety of sources of disturbance.
(6) Vessel groundings along the reefs of the Florida Keys represent one of
many serious threats to the continued vitality of the marine environments
of the Florida Keys which must be addressed in order to protect their values.
(7) Action is necessary to provide comprehensive protection for these marine
environments by establishing a Florida Keys National Marine Sanctuary,
by restricting vessel traffic within such Sanctuary, and by requiring
promulgation of a management plan and regulations to protect sanctuary
resources.
(8) The agencies of the United States must cooperate fully to achieve the
necessary protection of sanctuary resources.
(9) The Federal Government and the State of Florida should jointly develop
and implement a comprehensive program to reduce pollution in the waters
offshore the Florida Keys to protect and restore the water quality, coral
reefs, and other living marine resources of the Florida Keys environment.
POLICY AND PURPOSE

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preserve living and other resources of the Florida Keys marine environment.
(b) PURPOSE- The purpose of this Act is to protect the resources of the
area described in section 5(b), to educate and interpret for the public
regarding the Florida Keys marine environment, and to manage such human uses
of the Sanctuary consistent with this Act. Nothing in this Act is intended to
restrict activities that do not cause an adverse effect to the resources or
property of the Sanctuary or that do not pose harm to users of the Sanctuary.
DEFINITION

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force, or action that would independently or cumulatively damage, diminish,
degrade, impair, destroy, or otherwise harm--
(1) any sanctuary resource, as defined in section 302(8) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(8)); or
(2) any of those qualities, values, or purposes for which the Sanctuary
is designated.
SANCTUARY DESIGNATION

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as the Florida Keys National Marine Sanctuary (in this Act referred to
as the `Sanctuary') under title III of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.). The Sanctuary shall
be managed and regulations enforced under all applicable provisions of
such title III as if the Sanctuary had been designated under such title.
(b) AREA INCLUDED- (1) Subject to subsections (c) and (d), the area referred
to in subsection (a) consists of all submerged lands and waters, including
living marine and other resources within and on those lands and waters,
from the mean high water mark to the boundary described under paragraph
(2), with the exception of areas within the Fort Jefferson National
Monument. The Sanctuary shall be generally identified and depicted on
National Oceanic and Atmospheric Administration charts FKNMS 1 and 2,
which shall be maintained on file and kept available for public examination
during regular business hours at the Office of Ocean and Coastal Resource
Management of the National Oceanic and Atmospheric Administration and
which shall be updated to reflect boundary modifications under this section.
(2) The boundary referred to in paragraph (1)--
(A) begins at the northeasternmost point of Biscayne National Park located
at approximately 25 degrees 39 minutes north latitude, 80 degrees 5 minutes
west longitude, then runs eastward to the 300-foot isobath located at
approximately 25 degrees 39 minutes north latitude, 80 degrees 4 minutes
west longitude;
(B) then runs southward and connects in succession the points at the
following coordinates:
(i) 25 degrees 34 minutes north latitude, 80 degrees 4 minutes west
longitude,
(ii) 25 degrees 28 minutes north latitude, 80 degrees 5 minutes west
longitude, and
(iii) 25 degrees 21 minutes north latitude, 80 degrees 7 minutes west
longitude;
(C) then runs southward to the northeastern corner of the existing Key Largo
National Marine Sanctuary located at 25 degrees 16 minutes north latitude,
80 degrees 8 minutes west longitude;
(D) then runs southwesterly approximating the 300-foot isobath and connects
in succession the points at the following coordinates:
(i) 25 degrees 7 minutes north latitude, 80 degrees 13 minutes west
longitude,
(ii) 24 degrees 57 minutes north latitude, 80 degrees 21 minutes west
longitude,
(iii) 24 degrees 39 minutes north latitude, 80 degrees 52 minutes west
longitude,
(iv) 24 degrees 30 minutes north latitude, 81 degrees 23 minutes west
longitude,
(v) 24 degrees 25 minutes north latitude, 81 degrees 50 minutes west
longitude,
(vi) 24 degrees 22 minutes north latitude, 82 degrees 48 minutes west
longitude,
(vii) 24 degrees 37 minutes north latitude, 83 degrees 6 minutes west
longitude,
(viii) 24 degrees 40 minutes north latitude, 83 degrees 6 minutes west
longitude,
(ix) 24 degrees 46 minutes north latitude, 82 degrees 54 minutes west
longitude,
(x) 24 degrees 44 minutes north latitude, 81 degrees 55 minutes west
longitude,
(xi) 24 degrees 51 minutes north latitude, 81 degrees 26 minutes west
longitude, and
(xii) 24 degrees 55 minutes north latitude, 80 degrees 56 minutes west
longitude;
(E) then follows the boundary of Everglades National Park in a southerly
then northeasterly direction through Florida Bay, Buttonwood Sound, Tarpon
Basin, and Blackwater Sound;
(F) after Division Point, then departs from the boundary of Everglades
National Park and follows the western shoreline of Manatee Bay, Barnes
Sound, and Card Sound;
(G) then follows the southern boundary of Biscayne National Park and
the northern boundary of Key Largo National Marine Sanctuary to the
southeasternmost point of Biscayne National Park; and
(H) then follows the eastern boundary of the Biscayne National Park to
the beginning point specified in subparagraph (A).
(c) AREAS WITHIN STATE OF FLORIDA- The designation under subsection (a)
shall not take effect for any are a located within the waters of the
State of Florida if, not later than 45 days after the date of enactment
of this Act, the Governor of the State of Florida objects in writing to
the Secretary of Commerce.
(d) BOUNDARY MODIFICATIONS- No later than the issuance of the
draft environmental impact statement for the Sanctuary under section
304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), in consultation with the Governor
of the State of Florida, if appropriate, the Secretary of Commerce may
make minor modifications to the boundaries of the Sanctuary as necessary
to properly protect sanctuary resources. The Secretary of Commerce shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of the House of
Representatives a written notification of such modifications. Any boundary
modification made under this subsection shall be reflected on the charts
referred to in subsection (b)(1).
PROHIBITION OF CERTAIN USES

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principles of international law, a person may not operate a tank vessel (as
that term is defined in section 2101 of title 46, United States Code) or a
vessel greater than 50 meters in length in the Area to Be Avoided described
in the Federal Register notice of May 9, 1990 (55 Fed. Reg. 19418-19419).
(2) The prohibition in paragraph (1) shall not apply to necessary operations
of public vessels. For the purposes of this paragraph, necessary operations
of public vessels shall include operations essential for national defense,
law enforcement, and responses to emergencies that threaten life, property,
or the environment.
(3) The provisions of paragraphs (1) and (2), including the area in which
vessel operations are prohibited under paragraph (1), may be modified by
regulations issued jointly by the Secretary of the department in which
the Coast guard is operating and the Secretary of Commerce.
(4) This subsection shall be effective on the earliest of the following:
(A) the date that is six months after the date of enactment of this Act,
(B) the date of publication of a notice to mariners consistent with this
section, or
(C) the date of publication of new nautical charts consistent with this
section.
(b) MINERAL AND HYDROCARBON LEASING, EXPLORATION, DEVELOPMENT, AND
PRODUCTION- No leasing, exploration, development, or production or minerals
or hydrocarbons shall be permitted within the Sanctuary.
COMPREHENSIVE MANAGEMENT PLAN

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with appropriate Federal, State, and local government authorities and
with the Advisory Council established under section 208, shall develop a
comprehensive management plan and implementing regulations to achieve the
policy and purpose of this Act. The Secretary of Commerce shall complete
such comprehensive management plan and final regulations for the Sanctuary
not later than 30 months after the date of enactment of this Act. In
developing the plan and regulations, the Secretary of Commerce shall follow
the procedures specified in sections 303 and 304 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434), except those
procedures requiring the delineation of Sanctuary boundaries and development
of a resource assessment report. Such comprehensive management plan shall--
(1) facilitate all public and private uses of the Sanctuary consistent
with the primary objective of Sanctuary resource protection;
(2) consider temporal and geographical zoning, to ensure protection of
sanctuary resources;
(3) incorporate regulations necessary to enforce the elements of the
comprehensive water quality protection program developed under section 8
unless the Secretary of Commerce determines that such program does not
meet the purpose for which the Sanctuary is designated or is otherwise
inconsistent or incompatible with the comprehensive management plan
developed under this section;
(4) identify needs for research and establish a long-term ecological
monitoring program;
(5) identify alternative sources of funding needed to fully implement the
plan's provisions and supplement appropriations under section 9 of this
Act and section 313 of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1444);
(6) ensure coordination and cooperation between Sanctuary managers and
other Federal, State, and local authorities with jurisdiction within or
adjacent to the Sanctuary;
(7) promote education, among users of the Sanctuary, about coral reef
conservation and navigational safety; and
(8) incorporate the existing Looe Key and Key Largo National Marine
Sanctuaries into the Florida Keys National Marine Sanctuary except that Looe
Key and Key Largo Sanctuaries shall continue to be operated until completion
of the comprehensive management plan for the Florida Keys Sanctuary.
(b) PUBLIC PARTICIPATION- The Secretary of Commerce shall provide for
participation by the general public in development of the comprehensive
management plan.
(c) TERMINATION OF STUDIES- On the date of enactment of this Act, all
congressionally mandated studies of existing areas in the Florida Keys
for designation as National Marine Sanctuaries shall be terminated.
FLORIDA KEYS WATER QUALITY

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months after the date of enactment of this Act, the Administrator of the
Environmental Protection Agency and the Governor of the State of Florida, in
consultation with the Secretary of Commerce, shall develop a comprehensive
water quality protection program for the Sanctuary. If the Secretary
of Commerce determines that such comprehensive water quality protection
program does not meet the purpose for which the Sanctuary is designated or
is otherwise inconsistent or incompatible with the comprehensive management
plan prepared under section 7, such water quality program shall not be
included in the comprehensive management plan. The purposes of such water
quality program shall be to--
(A) recommend priority corrective actions and compliance schedules addressing
point and nonpoint sources of pollution to restore and maintain the chemical,
physical, and biological integrity of the Sanctuary, including restoration
and maintenance of a balanced, indigenous population of corals, shellfish,
fish and wildlife, and recreational activities in and on the water; and
(B) assign responsibilities for the implementation of the program among the
Governor, the Secretary of Commerce, and the Administrator in accordance
with applicable Federal and State laws.
(2) The program required by paragraph (1) shall, under applicable Federal
and State laws, provide for measures to achieve the purposes described
under paragraph (1), including--
(A) adoption or revision, under applicable Federal and State laws, by the
State and the Administrator of applicable water quality standards for the
Sanctuary, based on water quality criteria which may utilize biological
monitoring or assessment methods, to assure protection and restoration
of the water quality, coral reefs, and other living marine resources of
the Sanctuary;
(B) adoption under applicable Federal and State laws of enforceable pollution
control measures (including water quality-based effluent limitations and
best management practices) and methods to eliminate or reduce pollution
from point and nonpoint sources;
(C) establishment of a comprehensive water quality monitoring program to
(i) determine the sources of pollution causing or contributing to existing
or anticipated pollution problems in the Sanctuary, (ii) evaluate the
effectiveness of efforts to reduce or eliminate those sources of pollution,
and (iii) evaluate progress toward achieving and maintaining water quality
standards and toward protecting and restoring the coral reefs and other
living marine resources of the Sanctuary;
(D) provision of adequate opportunity for public participation in all
aspects of developing and implementing the program; and
(E) identification of funding for implementation of the program, including
appropriate Federal and State cost sharing arrangements.
(b) COMPLIANCE AND ENFORCEMENT- The Administrator of the Environmental
Protection Agency, the Secretary of Commerce, and the Governor of the State
of Florida shall ensure compliance with the program required by this section,
consistent with applicable Federal and State laws.
(c) CONSULTATION- In the development and implementation of the program
required by paragraph (1), appropriate State and local government officials
shall be consulted.
ADVISORY COUNCIL

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the Governor of the State of Florida and the Board of County Commissioners
of Monroe County, Florida, shall establish an Advisory Council to assist
the Secretary in the development and implementation of the comprehensive
management plan for the Sanctuary.
(b) MEMBERSHIP- Members of the Advisory Council may be appointed from
among (1) Sanctuary managers, (2) members of other government agencies
with overlapping management responsibilities for the Florida Keys marine
environment, and (3) representatives of local industries, commercial users,
conservation groups, the marine scientific and educational community,
recreational user groups, or the general public.
(c) EXPENSES- Members of the Advisory Council shall not be paid compensation
for their service as members and shall not be reimbursed for actual and
necessary traveling and subsistence expenses incurred by them in the
performance of their duties as such members.
(d) ADMINISTRATION- The Advisory Council shall elect a chairperson and
may establish subcommittees, and adopt by-laws, rules, and such other
administrative requirements and procedures as are necessary for the
administration of its functions.
(e) STAFFING AND OTHER ASSISTANCE- The Secretary of Commerce shall
make available to the Advisory Council such staff, information, and
administrative services and assistance as the Secretary of Commerce
determines are reasonably required to enable the Advisory Council to carry
out its functions.
AUTHORIZATION OF APPROPRIATIONS

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of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1444(2)(C)) is amended by striking `$3,000,000' and inserting in
lieu thereof `$4,000,000'.
(b) AUTHORIZATION FOR EPA ADMINISTRATOR- There are authorized to be
appropriated to the Administrator of the Environmental Protection Agency
$750,000 for each of the fiscal years 1991 and 1992.
(c) REPORT- The Secretary of Commerce shall, not later than March 1, 1991,
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of the House
of Representatives a report on the future requirements for funding the
Sanctuary through fiscal year 1999 under title III of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 14321 et seq.).
Passed the House of Representatives October 26, 1990.
Attest:
Clerk.

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Florida Keys National Marine Sanctuary and Protection Act — HR. 5909

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