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Cultural Protections

Cultural Protections

Cultural protections are designed to preserve or protect buildings, landscapes, artifacts, or species of cultural or historic significance.

CMap

Collaboration and partnering refers to working together to achieve a goal. Contact Uses, such as biological additions, physical damage, and biological harvesting, are activities in which humans create pressures through direct contact with the ecosystem. Cultural policies are responses that impact the distribution and functioning of cultural sectors, including tourism, recreation, education, and social organization. Cultural protections are designed to preserve or protect buildings, landscapes, artifacts, or species of cultural or historic significance. Cultural services are the nonmaterial benefits people obtain from ecosystems through spiritual enrichment, cognitive development, recreational opportunities, aesthetic experiences, sense of place, and educational and research opportunities. Culture sectors contribute to the social, emotional, and intellectual well-being of the community. Discharges are the intentional or unintentional distribution of chemicals, debris, or other pollution, into the environment as a consequence of human activities. Ecosystem services are the benefits people obtain from ecosystems . The Education and Information sectors consists of schools, colleges, instruction and training programs that provide instruction in various subjects, organizations that conduct scientific research, and organizations that collect and distribute information. Environmental education refers to organized efforts to teach about how natural environments function and, particularly, how human beings can manage their behavior and ecosystems in order to live sustainably. Funding is to provide resources, usually in form of money or other values such as effort or time, for a project or to private or public institutions. Landscape Changes are alterations of the natural landscape through human activities, including coastal development, shoreline armoring, impervious surfaces, deforestation, or soil disturbance, which can alter water flow patterns and lead to pollutant runoff into coastal systems. The Reef Ecosystem includes a suite of abiotic variables that form the physical and chemical environment. Pressures are human activities that create stress on the environment. Provisioning services are the products or ecosystem goods obtained from ecosystems, including seafood, genetic and biochemical resources, pharmaceuticals, ornamental resources, and water resources. The state of the Reef Ecosystem is the condition, in terms of quantity and quality, of the abiotic and biotic components including physical, chemical, and biological variables. Reef Life is the abundance, distribution, and condition of the biological components of the coral reef ecosystem. Regulating Services are benefits obtained from ecosystem processes that regulate the environment, including erosion regulation, natural hazard regulation, and climate regulation. Responses are actions taken by groups or individuals in society and government to prevent, compensate, ameliorate or adapt to changes in Ecosystem Services or their perceived value. Social Organizations are devoted to improving social well-being, and include churches, grant making organizations, and charities. Socio-Economic Drivers include the sectors that fulfill human needs for Food & Raw Materials, Water, Shelter, Health, Culture, and Security, and the Infrastructure that supports the sectors. Supporting services are ecological processes that indirectly benefit humans by maintaining a functional ecosystem for the production of other ecosystem goods and services. Tourism & Recreation sectors operate facilities and provide services for the varied cultural, entertainment, and recreational interests of residents and tourists. Tourism and recreation policies can be use to control the distribution and intensity of recreational activities such as through advertising, incentives, or visitors centers.

CMap Description

A change in the provision of ecosystem services, or a desire to improve provision of ecosystem services, may elicit responses to manage the distribution and functioning of cultural sectors. Cultural sectors, particularly tourism and recreation, create pressures on the reef ecosystem primarily through contact uses, but also drive coastal development which can lead to landscape changes and increasing pollution. Cultural sectors benefit from reef ecosystem services, including recreational and educational opportunities.

Citations

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Citation Year Study Location Study Type Database Topics

Management Options

Management Option Description Sources Database Topics
Administrative & Interagency Policy: Integrate Volunteer Assistance in Cultural Resources Inventory Marine Heritage Resource managers should continue or begin to use volunteers to assist staff in collecting information, locating unrecorded sites, recording and documenting sites, assessing site significance, and developing sites for improved public access, interpretation, and protection. Often locals have interest and knowledge of unrecorded sites. If previously established, the management option (#165), will allow this data to be combined with data from other inventory management options such as (#81), and future integration into larger databases, such as that in the management option (#85). NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Collaboration & Partnering; Cultural Policies; Cultural Protections; Cultural Services; Decision Support; Educational & Research Opportunities; Existence Value & Sense of Place; Museums, Amusement Parks, Historical Sites; Recreational Opportunities; Resource Use Management; Security & Public Administration Policies
Dissemination of Findings: Distribute Periodic Sanctuary Health Reports The management option involves creating monitoring/condition reports on the health of the sanctuary and reef that is released for the public. The findings can be released through newsletters, presentations, reports, publications, and other written and oral methods. Criteria reported on typically include water quality, critical habitats, and species of particular interest. These reports will ultimately help reveal the effectiveness of marine protections and policies based on the conditions researched. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Biological Monitoring, Mapping, & Scientific Research; Chemical Variables; Collaboration & Partnering; Cultural Protections; Decision Support; Designate Protected Species; Ecosystem Monitoring & Restoration; Education & Information; Educational & Research Opportunities; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Landscape Conservation & Restoration; Marine Protected Areas; Physical & Chemical Water Quality Criteria; Physical Variables; Provisioning Services; Resource Use Management; Socio-Economic Drivers; Tourism & Recreation
Enforcement: Enforce Statues, Regulation and Permit Requirements This option ensures compliance with statues, regulations, and permit requirements. This is accomplished through intensive on-site patrols by authorized law enforcement officers. Agencies at the state level as well as NOAA can assist with enforcement. For success, it is important that law enforcement be trained in the compliance requirements of other agencies (e.g. Marine Heritage Resource (MHR) permitting compliance). A standardized training program to help better ensure cross- deputization of enforcement agencies would be necessary. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Boating Regulations; Collaboration & Partnering; Cultural Protections; Dredging Regulations; Fisheries & Hunting Policies; Fishing & Harvesting Management; Permitting & Zoning; Resource Use Management; Security & Public Administration Policies; Special Use Permitting
Monitor & Research: Survey and Collect Anecdotal Information Anecdotal information is to be solicited from experts and amateur public participation through surveys and workshops. Persons of interest include fishermen, recreational divers, recreational dive facilities, salvors and other locals with knowledge of marine resources in the area. Information they provide can help identify marine cultural and natural resources and help update resource inventory. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Artisanal Fishing; Biological Harvest; Boating Regulations; Coastal Engineering; Collaboration & Partnering; Commercial Fisheries; Contact Uses; Cultural Policies; Cultural Protections; Cultural Services; Decision Support; Designated Uses; Dive, Snorkeling, & Swimming Tourism; Educational & Research Opportunities; Existence Value & Sense of Place; Finfish & Shellfish Stock; Fisheries & Hunting Policies; Fishing & Harvesting Management; Fishing Sector; Marine Products; Permitting & Zoning; Physical Damage; Provisioning Services; Recreational Fishing; Recreational Opportunities; Resource Use Management; Responses; Security & Public Administration Policies; Tourism & Recreation; Tourism & Recreation Policies; Valuation; Water Transportation
Monitor & Research: Create a Maritime Heritage Resource (MHR) Field Unit A Maritime Heritage Resource (MHR) field unit would be developed to conduct field research and coordinate permitted research activities. Training is an important aspect of developing such a field unit, as improper field work can be very destructive to MHR sites. Additional funding may be needed to involve external underwater archaeological research experts. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Collaboration & Partnering; Cultural Protections; Cultural Services; Educational & Research Opportunities; Environmental Education & Outreach; Existence Value & Sense of Place; Funding & Incentives; Security & Public Administration Policies
Resource Use Management: Marine Heritage Resource Protections This management option involves protecting underwater items/sites that have historical, cultural, archaeological, or paleontological significance. This response advocates permits for action that may degrade the resource. This can be accomplished through creating an MHR field unit, monitoring MHR site degradation, and evaluating excavation and mitigation techniques. Field units can help conduct field research and coordinated, permitted research activities. Experts relating to archaeological research underwater can also be hired with additional funding. Through evaluation of excavation techniques, new technologies can be suggested such as: turbidity screens, sediment removal equipment, and seagrass restoration/relocation protocols to lead to less disturbance. Inventory and decision tools can also be used in the aid of Maritime Heritage Resource protection. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Civil Engineering & Construction; Construction Codes & Projects; Cultural Policies; Cultural Protections; Cultural Services; Decision Support; Designated Uses; Dredging Regulations; Dredging, Draining, & Filling; Ecosystem Services; Educational & Research Opportunities; Existence Value & Sense of Place; Mitigation; Physical Damage; Pipelines; Reef Life; Resource Use Management; Seagrasses; Security & Public Administration Policies; Special Use Permitting; Tourism & Recreation Policies; Utility Line Construction & Maintenance; Valuation; Wetlands

Laws

Legal Citation Purpose of Law Management Organization Database Topics
American Indian Religious Freedom Act of 1978, 42 United States Code § 1996. The Act protects the rights of Native Americans to believe, express and exercise their traditional religions, including access to important sites, use and possession of sacred objects, and the freedom to workshop through ceremonial and traditional rights.

Application to Coral Reefs:

Legislative Actions:

Comments: 		National Park Service

Jurisdiction:
United States
Bald and Golden Eagle Protection Act of 1940, as amended, 16 United States Code § 668. Protects Bald and Golden Eagles by prohibiting possession, sale or transport, alive or dead, or part, nest or egg, except as permitted by the Secretary of the Interior for scientific and exhibition purposes, or for religious purposes of Indians

Application to Coral Reefs:

Legislative Actions:Fines of $100,000 per incividual, or $200,000 for organizations, or one year in prison, or both, can be utilized.

Comments: 		US Fish and Wildlife Service

Jurisdiction:
United States 		Cultural Policies; Designate Protected Species; Political Pressure; Resource Use Management; Special Use Permitting
Coastal Zone Management Act of 1972, 16 United States Code §§ 1451-1456. Preserve, protect, develop, and where possible, to restore or enhance the resources of the Nation's coastal zone for this and succeeding generations.

Application to Coral Reefs:Protection of coastal areas can have an indirect influence on coral reef preservation and conservation by the use of environmentally sound construction and development by limiting runoff of contaminants and sediment that could have an adverse effect on inshore coral reefs if present.

Legislative Actions:In addition, the Act authorized a national system of estuarine sanctuaries and the establishment of national field laboratories with a 50/50 cost-sharing grants with coastal states.

Comments: 		National Oceanic and Atmospheric Administration/US Fish and Wildlife Service

Jurisdiction:
United States; State Coastal Waters 		City Planning; Coastal Development; Collaboration & Partnering; Construction Codes & Projects; Corporate Responses; Designated Uses; Economic Markets & Policies; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Funding & Incentives; Hydrologic Management; Landscape Changes; Landuse Management; Marine Debris; Marine Protected Areas; Non-point Source Controls; Nutrients; Permitting & Zoning; Point & Mobile Source Controls; Political Pressure; Public Administration; Resource Use Management; Sediment; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Waterborne Discharges; Wetlands
Exec. Order No. 11593, Protection and Enhancement of the Cultural Environment, 36 Federal Register 8921. To protect archeological or historical sites on National Wildlife Reuges. If USFWS proposes any new development activities that may affect the archeological or historic sites, USFWS may consult with federal and state historic preservation offices to comply with section 106 0f the National Historic Preservation Act of 1966, as amended

Application to Coral Reefs:

Legislative Actions:

Comments: 		US Fish and Wildlife Service

Jurisdiction:
United States
Exec. Order No. 13158, Marine Protected Areas, 65 Federal Register 34909 (2000). This Executive Order is meant to help protect the significant natural and cultural resources within the marine environment for the benefit of present and future generations by strengthening and expanding the Nation�s system of marine protected areas.

Application to Coral Reefs:Benefits to coral reefs within MPA's.

Legislative Actions:One of the provisions of the Act requires that the Secretary develop a scientifically based, comprehensive system of MPA's representing diverse US marine ecosystems, and the Nation's natural and cultural resources.

Comments: 		Department of Interior, National Oceanic and Atmospheric Administration

Jurisdiction:
United States 		Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Collaboration & Partnering; Complex Habitat & Resources; Educational & Research Opportunities; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Existence Value & Sense of Place; Fishing & Harvesting Management; Marine Protected Areas; Recreational Opportunities; Resource Use Management; Tourism & Recreation Policies
Florida Keys National Marine Sanctuary Regulations; Final Rule, Code of Federal Regulations § Parts 922, 929, 937 (1997). NOAA developed the comprehensive Final Management Plan for the FKNMS and issued the Plan on January 30, 1997. Congress and the Governer of Florida were provided a 45-day period to provide certification of unacceptable regulations that needed amendments. NOAA incorporated the certified changes provided and issued the final regulations and management plan for the Sanctuary that went into effect with the publication of the final rule, including waters within the State of Florida in the Sanctuary.

Application to Coral Reefs:The Sanctuary sets aside the coral reef system that is the third largest barrier coral reef in the world. Included in the FKNMS are the Key Largo Marine Sanctuary containing 103 square nautical miles of coral reefs and Looe Key National Marine Sanctuary containing 5.32 square nautical miles of coral reefs. The Act protects the reefs from anchoring directly into the coral formation and taking coral dead or alive. The Act protects mangrove islands and submerged aquatic vegetation, both potential buffers for the reef system against eutrophication and sediment deposition. The Act prohibits oil and hydrocarbon exploration, mining or altering the seabed, restricts large shipping traffic, and restricts the discharge of pollutants, further protecting coral, mangroves, and submerged aquatic vegetation.

Legislative Actions:The Act requires the preparation of a comprehensive management plan and implementing regulations to protect Sanctuary resources.

Comments:The final rule codifies the Act and further defines boundaries of the Sanctuary as well as providing a list of species protected in the Sanctuary. 		National Oceanic and Atmospheric and Administration

Jurisdiction:
US Coral Reefs; US Territorial Waters; State Coastal Waters; US State Waters; Designated Marine Areas 		Ballast Discharge; Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Collaboration & Partnering; Commercial Fishing Boats; Cruise Ships; Cultural Protections; Designate Protected Species; Dive, Snorkeling, & Swimming Tourism; Educational & Research Opportunities; Environmental Education & Outreach; Finfish & Shellfish Stock; Finfish Harvest; Fishing & Harvesting Management; Invertebrate Harvest; Invertebrates; Large Ships; Live Collection; Mangroves; Marine Debris; Nutrient & Contaminant Processing; Oil & Gas Tankers; Point & Mobile Source Controls; Recreational Fishing; Recreational Opportunities; Reef Inhabitants; Resource Use Management; Seagrasses; Sediment; Shoreline Protection; Small Boats; Tourism & Recreation; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Wetlands
Marine Protection, Research, and Sanctuaries Act of 1972, 33 United States Code § 1401. 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 regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

Application to Coral Reefs:The Act has been historically used to regulate dumping of dredged materials and sewage sludge into the marine environment. The law intends to improve the conservation, understanding, management, and wise and sustainable use of marine resources, enhance public awareness, understanding, and appreciation of the marine environment, and to maintain for future generations the habitat, and ecologigal services, of the natural assemblage of living resources that inhabit those areas. Because permits are required, it can be assumed that dumping would not be allowed if the material would be dispersed into a sensitive habitat such as coral reefs.

Legislative Actions:EPA may assess an administrative civil penalty up to $50,000 per person. Higher penalties can be assessed for dumping medical waste (up to $125,000). Each day in violation constitutes a separate offense. Continuing violations can suffer criminal penalties with fines and up to five years imprisionment possible.

Comments:The Act has played a major role in regulating the disposal of dredged material into the ocean environment. However, medical and radioactive wastes, industrial wastes, as well as sewage sludge, are also regulated in the law. 		United States Environmntal Protection Agency

Jurisdiction:
US Territorial Waters; US Federal Waters; Designated Marine Areas 		Ballast Discharge; Biocriteria; Boating Regulations; Complex Habitat & Resources; Designate Protected Species; Designated Uses; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Mangroves; Marine Debris; Marine Protected Areas; Microorganisms; Non-point Source Controls; Oil & Gas Research & Exploration; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Political Pressure; Remediation; Resource Use Management; Seagrasses; Sediment; Sewage Treatment; Solid Waste Disposal; Tourism & Recreation Policies; Transportation Policies; Waste Management Policies; Wastewater Discharge
National Marine Sanctuaries Act of 1972, 16 United States Code §§ 1431-1445. Authorizes the Secretary of Commerce to designate and manage areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities as National Marine Sanctuaries.

Application to Coral Reefs:Protects marine resources, such as coral reefs, sunken historical vessels, or unique habitats.

Legislative Actions:NOAA may impose civil penalties up tp $130,000 per day per violation. Criminal penalties were added in the 2000 amendments for interfering or resisting with any enforcement of the NMSA, or providing false information to the Secretary or any officer authorized to enforce NMSA. The 2000 amendments made it illegal to offer for sale, purchase, import, or export, any sanctuary resource and increased enforcement authority.

Comments:There are 13 marine sanctuaries in the National Marine Sactuary System, six of which were created after 1990. Each sanctuary has a separarte staff and program in its local region. 		National Oceanic Aatmospheric Administration

Jurisdiction:
Designated Marine Areas 		Apex Fish Predators; Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; CO2; Coastal Development; Commercial Fishing Boats; Coral; Corporate Responses; Designate Protected Species; Designated Uses; Dive, Snorkeling, & Swimming Tourism; Dredging, Draining, & Filling; Educational & Research Opportunities; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Existence Value & Sense of Place; Fishing & Harvesting Management; Large Ships; Marine Birds; Marine Protected Areas; Nutrients; Ocean Acidity; Oil & Gas Research & Exploration; Political Pressure; Recreational Opportunities; Remediation; Resource Use Management; Seagrasses; Sediment; Tourism & Recreation Policies; Wetlands
National Park Service Organic Act of 1916, 16 United States Code § 1. The Act was created to start the National Park Service within the Department of Interior for the purpose of promoting and regulating the use of federal areas such as national parks and monuments.

Application to Coral Reefs:

Legislative Actions:Created the National Park Service to be supervised by a Director.

Comments: 		National Park Service

Jurisdiction:
United States 		Boating Regulations; Collaboration & Partnering; Construction Codes & Projects; Designated Uses; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Invasive Species; Landuse Management; Marine Protected Areas; Microorganisms; Permitting & Zoning; Political Pressure; Public Administration; Remediation; Resource Use Management; Tourism & Recreation Policies; Transportation Policies
National Park Service, Department of Interior,. To conserve the scenery, natural and historic objects, and wildlife of the National Parks; and to provide for the enjoyment of those resources in a sustainable manner. Regulations provide for the proper use, management, government, and protection of persons, property, and natural and cultural resources within areas under the jurisdiction of the National Park Service.

Application to Coral Reefs:

Legislative Actions:

Comments: 		National Park Service

Jurisdiction:
United States 		Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Construction Codes & Projects; Deforestation & Devegetation; Designated Uses; Economic Markets & Policies; Educational & Research Opportunities; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Existence Value & Sense of Place; Fishing & Harvesting Management; Landuse Management; Mangroves; Marine Debris; Marine Protected Areas; Permitting & Zoning; Political Pressure; Public Administration; Recreational Opportunities; Resource Use Management; Seagrasses; Tourism & Recreation; Tourism & Recreation Policies; Transportation Policies
National Wildlife Refuge System Administration Act of 1966, 16 United States Code § 66. The Act defines the National Wildlife Refuge System and authorizes the Secretary of Interior to permit any use of a refuge provided such use is compatible with the major purpose for which the refuge was established.

Application to Coral Reefs:

Legislative Actions:

Comments: 		US Fish and Wildlife Serice

Jurisdiction:
United States 		Biological Monitoring, Mapping, & Scientific Research; Construction Codes & Projects; Designate Protected Species; Designated Uses; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Funding & Donations; Landuse Management; Physical & Chemical Water Quality Criteria; Political Pressure; Remediation; Resource Use Management; Tourism & Recreation Policies; Transportation Policies

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