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Designate Protected Species

Designate Protected Species

Designating protected species is the process of legally establishing a species as threatened, endangered, or of special concern, often requiring that critical habitat must be designated as well and recovery plans implemented.

CMap

Carbon dioxide is a greenhouse gas used by primary producers, such as plants and algae, to produce sugars. Biocriteria are narrative expressions or numeric values that describe the biological condition (structure and function) of aquatic communities inhabiting waters of a designated aquatic life use. Biological monitoring is the use of a biological entity as a detector and its response as a measure to determine environmental conditions. Biological monitoring, mapping, and scientific research are activities to track the condition of populations, communities, and habitat, and to understand the processes, stressors, and ecological interactions that affect that condition. The Chemicals in the ocean, such as the CO2, pH levels, and salinity, may vary depending on the drivers and pressures. Climate reflects a region's temperature, humidity, air pressure, and weather. 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 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. Designating protected species is the process of legally establishing a species as threatened, endangered, or of special concern, often requiring that critical habitat must be designated as well and recovery plans implemented. Discharges are the intentional or unintentional distribution of chemicals, debris, or other pollution, into the environment as a consequence of human activities. Ecosystem monitoring and restoration refers to responses to directly alter the condition of the reef ecosystem through restoration or remediation activities, setting limits on degradation through biological criteria or water quality criteria, or improving knowledge through monitoring, mapping, and scientific research. Ecosystem services are the benefits people obtain from ecosystems . Environmental monitoring describes the processes and activities that need to take place to characterize and monitor the quality of the physical and chemical environment. Environmental monitoring, mapping, and scientific research are activities to track the condition of the physical and chemical environment, and to understand the processes that affect it. Invasive species are plants, animals, or other organisms that are foreign to a particular environment, and whose introduction may be detrimental when invasives compete with or consume native species. 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. Light is the level of visible and ultraviolet solar radiation that penetrates the water column. Marine debris includes garbage, plastics, glass, and metal, which are not disposed of properly and can enter coastal waters. Microorganisms are microscopic plants or animals, such as cyanobacteria and disease-causing pathogens that live in coral reef ecosystems. Nutrients are essential elements needed by plants and animals for growth and primarily include nitrogen, phosphorous, and potassium, as well as minor nutrients such as calcium, magnesium, or zinc. Ocean acidity reflects the pH of the ocean's surface, and is determined by dissolution rates of atmospheric CO2 and sea surface temperatures. The Reef Ecosystem includes a suite of abiotic variables that form the physical and chemical environment. Physical and chemical water quality criteria, monitored and enforced by the EPA under the Clean Water Act, define the maximum and recommended amounts of chemicals and other contaminants that should be found in waterbodies. The Physical aspects of coral reef ecosystems, such as the depth, temperature, and light, vary depending on the drivers and pressures. 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 Habitat is the abundance, distribution, and condition of the benthic components of the reef ecosystem. Reef Inhabitants are all of the motile components of the reef ecosystem, including fish, invertebrates, marine reptiles and mammals, and are quantified by their abundance, distribution, and condition. 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. Remediation is the removal of pollution or contaminants from soil, groundwater, sediment, or surface water for the protection of human health and the environment. 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. Salinity is the dissolved salt concentration in water, and is the key factor distinguishing ocean water from freshwater. Sea temperature is a measure of the warmth of ocean waters, and depends on water depth, solar radiation, water circulation patterns, and atmospheric temperatures. Seawater flow reflects circulation patterns, currents, and wave action that move water throughout the ocean and towards the coastline. Sediment includes dirt, sand, silt, clay, and small rocks that form soil on land or soft substrate in marine habitats, and may be transported by water, wind, or human activities. 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. Storms and hurricanes are periodic events of high precipitation, winds, wave action, and flooding that can potentially cause damage to reef habitat, property, or human lives. Substrate is the surface upon which an organism grows or is attached, and may include sand, hardbottom, rock, or even other biota. Supporting services are ecological processes that indirectly benefit humans by maintaining a functional ecosystem for the production of other ecosystem goods and services. Surface and groundwater flow reflects the patterns of water movement across the landscape, including rivers, streams, underground water, or stormwater. Toxics are chemical pollutants that are poisonous, carcinogenic, or otherwise directly harmful to humans, plants, or animals. Water depth reflects the height between the bottom of the seafloor and water surface, and is often indicative of distinct ecological communities (shallow water species; deep water species). Wetland and reef restoration are activities to directly improve, reestablish, or repair degraded ecosystems. A wetland is an area of land whose soil is saturated with moisture either permanently or seasonally.

CMap Description

A change in the provision of ecosystem services, or a desire to improve provision of ecosystem services, may elicit responses to directly alter the reef ecosystem. Wetland or reef restoration may include repairing damaged individuals, or replenishing degraded reefs or wetlands with nursery-grown individuals. Remediation activities can be implemented to physical remove sediment, reduce levels of pollution, or remove marine debris. Water quality criteria can be used to set the maximum desirable levels of contaminants in coastal waters; biological criteria described the desired biological condition. Additional responses may need to be enacted to ensure that water quality criteria and biocriteria, once established, are achieved and maintained. Monitoring, mapping, and scientific research can be used to better understand changes in condition, bio-physical processes, and interactions among species, and how they may be impacted by various stressors or potential decisions. A healthy functioning reef ecosystem, beyond its existence or cultural value, is essential for a number of ecosystem goods and services, including shoreline protection, fishing, and recreational opportunities.

Citations

Citation Year Study Location Study Type Database Topics
Pedersen, S. A., H. Fock, J. Krause, C. Pusch, A. L. Sell, U. Bottcher, S. I. Rogers, M. Skold, H. Skov, M. Podolska, G. J. Piet, and J. C. Rice. 2009. Natura 2000 sites and fisheries in German offshore waters. ICES Journal of Marine Science 66:155-169. 2009 Designate Protected Species; Finfish Harvest; Fish; Fishing Sector; Marine Birds; Marine Protected Areas; Whales & Dolphins
Gavella, N. 2008. On the acquisition of ownership by appropriation of sea fish and other sea organisms [O stjecanju vlasništva prisvajanjem morskih riba i drugih morskih organizama]. Zbornik Pravnog Fakulteta u Zagrebu 58:113-134. 2008 Decision Support Frameworks & Tools Designate Protected Species; Finfish Harvest; Fish; Lobster, Crab, & Shrimp; Special Use Permitting; Surface & Groundwater Flow; Tourism & Recreation
Garla, R. C., D. D. Chapman, M. S. Shivji, B. M. Wetherbee, and A. F. Amorim. 2006. Habitat of juvenile Caribbean reef sharks, Carcharhinus perezi, at two oceanic insular marine protected areas in the southwestern Atlantic Ocean: Fernando de Noronha Archipelago and Atol das Rocas, Brazil. Fisheries Research 81:236-241. 2006 South & Central America; US East Coast (NC, SC, GA); Atlantic Ocean; Caribbean Apex Fish Predators; Complex Habitat & Resources; Designate Protected Species; Finfish Harvest; Marine Protected Areas; Substrate
Schwartz, S. E. 2002. Challenges in EPA's coastal and ocean programs. Sea Technology 43:33-37. 2002 South & Central America; Mexico Review Beaches & Nature Parks; Commercial Fisheries; Designate Protected Species; Recreational Fishing; Tourism & Recreation; Whales & Dolphins
Chan, T.T.C. and Y. Sadovy. 2000. Profile of the marine aquarium fish trade in Hong Kong. Aquarium Sciences and Conservation 2:197-213. 2000 Global Review Aquarium & Pet Trade; Aquarium Stock; Designate Protected Species; Invertivorous Fish; Live Collection; Small Herbivorous Fish; Special Use Permitting; Wholesale & Retail Trade
Thorburn, C. C. 2000. Changing customary marine resource management practice and institutions: The case of Sasi Lola in the Kei Islands, Indonesia. World Development 28:1461-1479. 2000 Indonesia Field Study & Monitoring Complex Habitat & Resources; Designate Protected Species; Finfish Harvest; Housing; Landscape Conservation & Restoration; Resource Use Management; Special Use Permitting
Avent, R. M. and R. M. Rogers. 1994. Sensitive Biological Habitats and Resources in the Gulf of Mexico: Environment Issues and Concerns for the Regulation of the Petroleum Industry. Pages 445-453 in Drilling Conference - Proceedings. 1994 South & Central America; Mexico Designate Protected Species; Seagrasses; Special Use Permitting
Hutchings, P., C. Payri, and C. Gabrie. 1994. The current status of coral reef management in French Polynesia. Marine Pollution Bulletin 29:26-33. 1994 US Pacific & Hawaii; Australia Review Agriculture; Designate Protected Species; Finfish Harvest; Fishing Sector; Non-point Source Runoff; Tourism & Recreation
Boehlert, G. W. 1993. Fisheries of Hawaii and US-associated Pacific islands. Marine Fisheries Review 55. 1993 US Pacific & Hawaii; Samoa; American Samoa; Guam Designate Protected Species; Fishing Sector; Lobster, Crab, & Shrimp; Piscivorous Fish; Recreational Fishing; Special Use Permitting; Tourism & Recreation

Management Options

Management Option Description Sources Database Topics
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
Economic Markets & Policy: Regulate International Trade of Reef Species Many coral reef species are harvested internationally for a variety of markets including the aquarium trade, food, curios, jewelry and pharmaceuticals. The US is the largest importer for many of these markets. The US strictly limits extraction of stony coral and many reef species in its waters; but as a major importer and consumer of coral reef species, more actions can be taken to decrease the demand on international imports. Setting and enforcing regulations on what can be imported (such as Convention on International Trade in Endangered Species CITES) is one approach that has been taken. More information is needed, leaving room to collect trade data and assess the impacts of extraction techniques to find sustainable methods. Demand for species collected this way will be increased with greater transparency to consumers, which can be accomplished through certifications for environmentally cognoscente collectors and those using alternatives like aquaculture and coral farming. Continued participation in Asia Pacific Economic Cooperation (APEC) and International Coral Reef Initiative (ICRI) is also beneficial. U.S. Coral Reef Task Force. 2000. International Trade in Coral and Coral Reef Species: The Role of the United States. Report of the Trade Subgroup of the International Working Group to the U.S. Coral Reef Task Force, Washington, D.C.

World Resource Institute International Marinelife Alliance, editor. 1997. Sullied Seas. WRI, Washington D.C.

U.S. Coral Reef Task Force. 2000. The National Action Plan to Conserve Coral Reefs. Washington, D.C.

Accidental & Illegal Harvest; Aquaculture; Aquarium & Pet Trade; Aquarium Stock; Biological Harvest; Biological Monitoring, Mapping, & Scientific Research; Collaboration & Partnering; Coral; Corporate Responses; Cultural Policies; Designate Protected Species; Economic Markets & Policies; Environmental Education & Outreach; Invertebrate Harvest; Invertebrates; Live Collection; Manufacturing & Trade; Manufacturing & Trade Policies; Marine Products; Ornamental Jewelry & Art; Pharmaceuticals & Cosmetics; Pharmaceuticals & Cosmetics Sources; Political Pressure; Souvenir & Decorative Trade; Sponges; Stony Coral; Toxics; Wholesale & Retail Trade
Marine Zoning: Wildlife Management Areas (WMAs) Wildlife Management Areas include bird nesting, resting, or feeding areas, turtle nesting beaches, and other sensitive habitats including shallow flats that are important feeding areas for fish. These areas seek to provide protection for endangered/threatened species or their habitats while at the same time providing opportunity for public use. Wildlife Management Areas are achieved through placing and maintaining buoys along zone boundaries; implementing management responsibilities; adjusting existing zone boundaries if needed; evaluating allowable activities within the boundaries and make changes if needed; identifying potential areas that need additional zoning; monitoring the effectiveness of current zones; and revising GIS and NOAA charts. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Accidental & Illegal Harvest; Beaches & Nature Parks; Biological Harvest; Biological Monitoring & Restoration; Boating Activities; Coastal Defense; Contact Uses; Cultural Services; Decision Support; Designate Protected Species; Designated Uses; Ecosystem Monitoring & Restoration; Entertainment & Accommodation Services; Environmental Monitoring & Restoration; Fisheries & Hunting Policies; Fishing & Harvesting Management; Fishing Sector; Landscape Conservation & Restoration; Marine Birds; Marine Protected Areas; Permitting & Zoning; Physical Damage; Recreational Fishing; Recreational Opportunities; Resource Use Management; Sea Turtles; Tourism & Recreation; Trampling; Water Transportation; Wetlands
Marine Zoning: Existing Management Areas The Florida Keys National Marine Sanctuary (FKNMS) uses this zoning category to identify areas that are managed by other agencies where restrictions already exist. These zones delineate the existing jurisdictional authority of other agencies (i.e., State parks, aquatic preserves, sanctuaries, and other restricted areas). Management of these areas within the Sanctuary may require additional regulations or restrictions to adequately protect resources. Any additional management measures will be developed and implemented in coordination with the agency having jurisdictional authority. Their function is not to establish another layer of bureaucracy, but to recognize established management areas and, at a minimum, to complement the existing management programs, ensuring cooperation and coordination with other agencies. Existing Management Areas will be maintained through revising GIS and NOAA charts. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Accidental & Illegal Harvest; Beaches & Nature Parks; Biological Harvest; Biological Monitoring & Restoration; Boating Activities; Coastal Defense; Contact Uses; Decision Support; Designate Protected Species; Designated Uses; Ecosystem Monitoring & Restoration; Entertainment & Accommodation Services; Environmental Education & Outreach; Environmental Monitoring & Restoration; Fisheries & Hunting Policies; Fishing & Harvesting Management; Marine Protected Areas; Permitting & Zoning; Recreational Fishing; Resource Use Management; Tourism & Recreation; Water Transportation
Monitor & Research: Research Queen Conch Reproduction and Restoration Inshore Queen Conch may be experiencing reproductive failure. Research on various snails in other parts of the world has shown that snails are susceptible to endocrine disruption caused by various anthropogenic contaminants. This activity will determine the cause of reproductive failure, possibly by endocrine disruption, of queen conch in reef areas. NOAA Marine Sanctuary Program. 2007. Florida Keys National Marine Sanctuary revised management plan. National Ocean Service, Key West, FL.

Accidental & Illegal Harvest; Applied Chemicals; Artisanal Fishing; Biological Harvest; Biological Monitoring & Restoration; Biological Monitoring, Mapping, & Scientific Research; Commercial Fisheries; Designate Protected Species; Discharges; Ecosystem Monitoring & Restoration; Environmental Monitoring & Restoration; Environmental Monitoring, Mapping, & Scientific Research; Finfish & Shellfish Stock; Fishing Sector; Invertebrates; Molluscs; Recreational Fishing; Reef Inhabitants; Snails & Conch; Waterborne Discharges

Laws

Legal Citation Purpose of Law Management Organization Database Topics
Anadromous Fish Conservation Act of 1965, as amended, 16 United States Code § 757. The Act is intended to conserve anadromous fish. It authorizes the Secretatries of Interior and Commerce to enter into cooperatve agreements with states and other non-federal interests for conservation, development and enhancement of anadromous fish and contribute up to fifty percent as the federal share of the cost of carrying out such agreements. Reclamation construction projects for water resource projects needed solely for such fish are also authorized.

Application to Coral Reefs:

Legislative Actions:Projects are for conservation, development, and enhancement on fisheries.

Comments: 		Department of Interior/Department of Commerce

Jurisdiction:
United States 		Apex Fish Predators; Biocriteria; Collaboration & Partnering; Designate Protected Species; Finfish & Shellfish Stock; Finfish Harvest; Fish; Fishing & Harvesting Management; Public Administration; Resource Use Management
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
Endangered Species Act of 1973, 16 United States Code §§ 1531-1544, 1361-1407. To protect animal and plant species currently in danger of extinction (endangered) and those that may become endangered in the foreseeable future (threatened). Authorized the determination and listing of species as endangered and threatened; Prohibited unauthorized taking, possession, sale, and transport of endangered species; Provided authority to acquire land for the conservation of listed species, using land and water conservation funds; Authorized establishment of cooperative agreements and grants-in-aid to states that establish and maintain active and adequate programs for endangered and threatened wildlife and plants; Authorized the assessment of civil and criminal penalties for violating the act or regulations; and Authorized the payment of rewards to anyone furnishing information leading to arrest and conviction for any violation of the act.

Application to Coral Reefs:Two species of coral are listed as threatened; elkhorn coral (Acropora palmata) and staghorn coral (Acropora cervicornis). They were placed on the list in 2006.Their habitat was listed as "critical habitat" in 2008.

Legislative Actions:The Act provided for criminal and civil penalties dependent on the sections of the Act under which violations occured. Criminal penalties may be imposed up to a maximum of $50,000 and not more than one year in prison. Civil penalties may be imposed up to a maximum of $25,000. The Act provided for rewards to citizens that report violations leading to sucessful prosecution. The rewards are paid from the fine received.

Comments:Listed species and critical habitats can be found in the Federal Register. The habitats for staghohn (73FR72210) and elkhorn (73FR72210) corals were declared critical in 2008. Since the entire coral reef is habitat for the species, critical designation could offer a method of protecting and conserving the reef. In this instance, by protecting individual species and their habitat, the entire reef is protected. 		National Oceanic and Atmospheric Administration /National Marine Fisheries Service/USFish and Wildlife Service (consultations with all federal agncies responsible for section 7(a)(1) compliance

Jurisdiction:
United States 		Biological Monitoring, Mapping, & Scientific Research; Coral; Designate Protected Species; Designated Uses; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Public Administration; Resource Use Management
Exec. Order No. 13112, Invasive Species, 68 Federal Register 6183 (1990). Federal agencies are directed to prevent the introduction of invasive species, detect and rapidly respond to control populations of such species in a cost effective and environmentalyy sound manner, accurately monitor invasive species, provide for restoration of native species and habitat conditions, conduct research to prevent introduction and to control invasive species, and promote public education on invasive species and the means to address them.

Application to Coral Reefs:

Legislative Actions:No enforcement provisions. Federal agencies are encouraged to prevent the introduction, detect and respond to control, monitor, and conduct research of invasives. Secretary of Interior established an "Invasive Species Council" to address invasive species issues.

Comments: 		Federal Agencies

Jurisdiction:
United States 		Collaboration & Partnering; Designate Protected Species; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Escape & Release of Non-natives; Existence Value & Sense of Place; Invasive Species; Political Pressure; Remediation
Fish and Wildlife Act of 1956, as amended, 16 United States Code § 742. Established a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife.

Application to Coral Reefs:

Legislative Actions:

Comments:The 1998 amendments promoted voluteer programs and community partnerships for the benefit of national wildlife refuges. 		US Fish and Wildlife Service

Jurisdiction:
United States 		Bivalves; Commercial Fisheries; Designate Protected Species; Economic Markets & Policies; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Finfish Harvest; Fish; Fishing & Harvesting Management; Funding & Donations; Lobster, Crab, & Shrimp; Political Pressure; Public Administration; Recreational Fishing; Resource Use Management; Snails & Conch; Tourism & Recreation; Tourism & Recreation Policies
Fish and Wildlife Conservation Act of 1980, 16 United States Code §§ 2901-2911. Required the Service to monitor non-game bird and fish species, identify species of management concerns, and implement conservation measures to preclude the need for listing under the Endangered Species Act.

Application to Coral Reefs:

Legislative Actions:

Comments: 		US Fish and Wildlife Service

Jurisdiction:
United States 		Biological Monitoring, Mapping, & Scientific Research; Designate Protected Species; Finfish Harvest; Fish; Fishing & Harvesting Management; Funding & Incentives; Marine Birds; Marine Protected Areas; Public Administration; Resource Use Management
Fish and Wildlife Service Act of 1956, 16 United States Code § 742. Establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also includes the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment, and to maintain and increase public opportunities for recreational use of fish and wildlife resources. Among other things, it authorizes the Secretary of the Interior to take such steps as may be required for the development, advancement, management, conservation, and protection of fish and wildlife resources, including, but not limited to, research, development of existing facilities, and acquisition by purchase or exchange of land and water or interests therein.

Application to Coral Reefs:

Legislative Actions:The Act is written for the support of commercial and recreational fisherpersons so that they enjoy the benefits of the Nation's fishery resources.

Comments: 		US Fish and Wildlife Service

Jurisdiction:
 Commercial Fisheries; Designate Protected Species; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Finfish Harvest; Fish; Fishing & Harvesting Management; Fishing Sector; Lobster, Crab, & Shrimp; Public Administration; Recreational Fishing; 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 Mammal Protection Act of 1972, 16 United States Code § 1361. With certain exceptions, the Act establishes a mortiorium on the taking and importation of marine mammals, as well as products that are made from them. DOI is responsible for sea otter, walrus, polar bear, diugong and manatee. The DOC is responsible for Cretaceans and piniped other than the walrus.

Application to Coral Reefs:

Legislative Actions:The legislation mandated the use of an ecosystem-based management approach to marine resource management. The Marine Mammal Commission was established and has specific advisory and research duties. Required that government observers aboard some fishing vessels.

Comments:The Act covers all species of marine mammals and plants, including anadromous fish, except for marine ammmals, birds, and highly migratory species, all of which are covered under other laws or treaties. 		National Oceanic and Atmospheric Administration/National Marine Fisheries Service

Jurisdiction:
United States 		Designate Protected Species; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Political Pressure; Public Administration; Reef Inhabitants; Reef Life; Resource Use Management; Whales & Dolphins
Marine Mammals, 50 Code of Federal Regulations. The regulations prohibit the capture of marine mammals on land or sea in US waters and prohibits the improtation of any marine mammal product to the US (CFR 216.11-216.12) unless the person has a permit for scientific purposes (CFR 216.33-216.37).

Application to Coral Reefs:

Legislative Actions:

Comments: 		National Oceanic Aatmospheric Administration/National Marine Fisheries Service

Jurisdiction:
US Federal Waters; Designated Marine Areas 		Commercial Fisheries; Designate Protected Species; Designated Uses; Fishing & Harvesting Management; Political Pressure; Recreational Fishing; Resource Use Management; Whales & Dolphins
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
Marine Turtle Conservation Act of 2004, 16 United States Code § 6601. The law was created to aid in the conservation of sea turtles and their nesting habitats in foreign countries by providing funds for the conservation of nesting areas, sea turtles in in their nesting habitats, and dealing with threats to sea turtle survival.

Application to Coral Reefs:

Legislative Actions:

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

Jurisdiction:
United States 		Building & Home Construction; Coastal Development; Coastal Engineering; Designate Protected Species; Docks & Marinas; Educational & Research Opportunities; Existence Value & Sense of Place; Fishing & Harvesting Management; Funding & Incentives; Ports & Harbors; Resource Use Management; Sea Turtles
Migratory Bird Treaty Act, 16 United States Code § 715. The Act established a Federal prohibition, unless permitted by regulations, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, caused to be shipped, deliver for transport, carry, or cause to be carried by any means whatever, receive for shipment, transport or carriage, or export, at any time,or in any manner, any migratory bird, included in the terms of this Convention�for the protection of migratory birds�or any part, nest, or egg of such a bird.

Application to Coral Reefs:

Legislative Actions:Recent amendments to the Act increased the fine for misdemeanor convictions from $5000 to $15,000.

Comments: 		US Fish and Wildlife Service

Jurisdiction:
United States 		Designate Protected Species; Marine Birds; Resource Use Management
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 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
Neotropical Migratory Bird Conservation Act of 2000, 16 United States Code § 6101. Established a matching grant program to fund projects that promote the conservation of neotropical migratory birds in the United States, Latin America, and the Caribbean.

Application to Coral Reefs:

Legislative Actions:The Act provided competitive grants in Latin America, the Carribean, and the United States for neotropical migratory birds that winter south of the border and summer in North America. The law encourages habitat protection, education, research, monitoring, and capacity building to provide for long-term protection of neotropical migratory birds.

Comments:Over 800 species of birds are found in the United States and 500 migrate South of the border for the winter. 		US Fish and Wildlife Service

Jurisdiction:
United States; Latin America; Caribbean 		Collaboration & Partnering; Designate Protected Species; Environmental Monitoring, Mapping, & Scientific Research; Marine Birds; Public Administration
North American Wetlands Conservation Act of 1989, 16 United States Code § 4411. Provides funding and administrative direction for the implementation of the North American Waterfowl Management Plan and the Tripartite Agreement between Canada, the United States, and Mexico.

Application to Coral Reefs:

Legislative Actions:A North American Wetlands Conservation Council was created to recommend projects to be funded under the Act to the Migratory Bird Conservation Commission.

Comments: 		US Fish and Wildlife Service

Jurisdiction:
State Coastal Waters; Canada; Mexico 		Collaboration & Partnering; Designate Protected Species; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Funding & Donations; Marine Birds; Public Administration
Proclamation No. 7399, Establishment of Virgin Islands Coral Reef National monument, 66 Federal Register 7364 (2001). Designated 12,000 marine acres in the US Virgin Islands

Application to Coral Reefs:Monuments include coral reefs thereby providing the coral reefs within the monument bondaries the same protection as the designated monument areas.

Legislative Actions:

Comments:Together, Proclamation 7399 and 7392 designated a total of 30,843 marine acres in the United States Virgin Isalnds as monuments. 		US Virgin Islands, Department of Planning and Natural Resources, Division of Environmental Protection

Jurisdiction:
US Virgin Islands 		Building & Home Construction; Commercial Fishing Boats; Designate Protected Species; Dive, Snorkeling, & Swimming Tourism; Educational & Research Opportunities; Environmental Education & Outreach; Existence Value & Sense of Place; Finfish Harvest; Fishing Sector; Invertebrate Harvest; Mangroves; Marine Protected Areas; Recreational Opportunities; Resource Use Management; Road Construction & Maintenance; Seagrasses; Small Boats; Tourism & Recreation Policies
Surface water quality standards, 62-302 Florida Administrative Code Annotated (2008). The Chapter establishes the minimum concentrations of contamination that are allowable to protect the designated uses of a waterbody. Designated uses include public drinking water supplies, propagation of fish and wildlife, agricultural, recreation, industrial, and navigation.

Application to Coral Reefs:Protecting surface waters by limiting the concentration of pollutants that can be present will control the concentrations of those pollutants that will reach estuarine and marine environments, thus protecting the associated ecosystems, including coral reefs.

Legislative Actions:Penalties are not presented in the Rule. Specific requirements and penalties are addrressed in individual permits. The Rule relies heavily on biocriteria including acute toxicity, chronic toxicity, Shannon-Weaver Diversity Index. Section 400 presents the classes of Florida waters; Class I potable water supplies, Class II shellfish propagation or harvesting, Class III recreation, propagation and maintenance of a healthy, well-balanced population of fish and wildlife, Class IV agricultural water supplies, Class V navigation, utility and industrial use.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters; US State Waters; Designated Marine Areas 		Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Civil Engineering & Construction; Coastal Development; Commercial Fisheries; Complex Habitat & Resources; Dam Construction & Maintenance; Deforestation & Devegetation; Designate Protected Species; Discharge Limitations; Dive, Snorkeling, & Swimming Tourism; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Drinking Water Supply; Fertilizer & Pesticide Use; Finfish & Shellfish Stock; Fish; Fishing & Harvesting Management; Impervious Surfaces; Invertebrates; Irrigation; Landuse Management; Molluscs; Non-point Source Controls; Non-point Source Runoff; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Pipelines; Point & Mobile Source Controls; Point Source Discharges; Ports & Harbors; Recreational Fishing; Sediment; Sewage Treatment; Shoreline Armoring; Small Boats; Tourism & Recreation Policies; Toxics; Waste Management Policies

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