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Food & Energy Policies

Food & Energy Policies

Food & energy policies are legislation, restrictions, and guidelines that pertain to sectors that harvest or extract natural resources. Examples including agricultural and aquacultural policies, policies that regulate and control forestry, energy management policies that regulate and control mining and the oil & gas industry, and fishing & harvesting policies that control and regulate commercial fishing.

CMap

The Agriculture Sector includes both animal and crop production. Agriculture, aquaculture and forestry policies regulate and control agriculture, aquaculture and forestry. The Aquaculture sector is involved in the raising and production of aquatic animals and plants in controlled environments. 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. 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 . Energy policy & development includes policies and regulations adopted to control the production, distribution, and consumption of energy. Fisheries and hunting policies control who can fish, harvest and hunt. The Fishing Sector includes the harvesting of fish for food and recreation. Food & energy policies are legislation, restrictions, and guidelines that pertain to sectors that harvest or extract natural resources. The Food and Raw Materials sector includes groups that harvest natural resources from the earth, including agriculture, aquaculture, fishing, forestry, mining, and the oil and gas industry. The Forestry sector specializes in harvesting of wood resources for fuel, wood, and paper products, and often implements practices that will sustain resources, such as reforestation. Irrigation is needed for Agriculture, and involves the treatment and supply of water for irrigation purposes using aqueducts, pumping stations, and distribution mains. 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 Mining Industry consists of the operation of mines, quarries, and wells, and the extraction of natural resources, such as solid and liquid minerals and gases, from the earth. Mining policies are specific to where, when, what and how non-living natural resources can be extracted. The Oil and Gas Industry specializes in the finding of natural resources such as crude petroleum and natural gas, and the creation, maintenance, and operation of wells to extract the oil and gas from the earth and prepare it for sale. 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. 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. Water Sectors include those that pertain to provisioning of water for public use, including the drinking water supply, irrigation systems for agriculture, and water for critical services (such as firefighting and hospitals).

CMap Description

A change in the provision of ecosystem services, or a desire to improve provision of ecosystem goods such as seafood, may elicit responses to manage the distribution and functioning of food and energy sectors that create pressures on the reef environment. Agricultural policies include laws relating to domestic agriculture and imports of foreign agricultural products. Forest policies are the laws and regulations that guide the protection and management of our nation's forests. Aquaculture policies issued by NOAA focus on developing a sustainable domestic aquaculture industry that will provide an additional source of healthy seafood to complement wild fisheries, while supporting healthy ecosystems and coastal economies. Energy management policies can be enacted to regulate mining activities to reduce erosion or discharge, or to limit the locations and activities of the oil and gas industry to reduce the risk of petroleum spills. Fishing and harvesting policies, such as incentives for sustainable fishing, catch limitations, or licensing, can control the activities of commercial and recreational fishing. Food & energy sectors benefit from reef ecosystem goods and services, in particular provisioning of finfish and shellfish.

Citations

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Management Options

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Management Option Description Sources Database Topics

Laws

Legal Citation Purpose of Law Management Organization Database Topics
Air Pollution Control, 62-204 Florida Administrative Code (1996). 62-204.100 Purpose and Scope. (1) This chapter establishes maximum allowable levels of pollutants in the ambient air, or ambient air quality standards, necessary to protect human health and public welfare. This chapter also establishes maximum allowable increases in ambient concentrations for subject pollutants to prevent significant deterioration of air quality in areas where ambient air quality standards are being met. It further specifies approved air quality monitoring and modeling methods. (2) In addition, this chapter designates all areas of the state as attainment, nonattainment, or unclassifiable with respect to each pollutant for which ambient air quality standards have been adopted; further designates certain attainment and unclassifiable areas of the state as air quality maintenance areas for particular pollutants; classifies all areas of the state as Class I, Class II, or Class III for determining which set of prevention of significant deterioration (PSD) increments apply; and designates all attainment and unclassifiable areas of the state as one or more PSD areas for determining which pollutant-specific PSD baseline dates apply. This chapter also sets forth procedures for redesignating and reclassifying areas as above. (3) The Department of Environmental Protection adopts this chapter to identify the Florida State Implementation Plan (SIP) required by the U.S. Environmental Protection Agency pursuant to 40 C.F.R. Part 51; to set forth the public notice and hearing requirements that the Department will adhere to for making SIP revisions; and to set forth the definitions, criteria, and procedures that the Department will use to review a federal agency�s general conformity determination, made pursuant to 40 C.F.R. Part 51, Subpart W; and to adopt by reference an interagency memorandum of agreement that the Department will comply with to review any transportation conformity determination, made pursuant to 40 C.F.R. Part 51, Subpart T. The provisions to 40 C.F.R. 51.853 require that a federal agency make a general conformity determination for any federal agency action in a nonattainment or maintenance area, to ensure that such action is consistent with the SIP and that such federal conformity determination be reviewed by the affected state. The provisions of 40 C.F.R. 51.394 require that a transportation conformity determination be made for the adoption, acceptance, approval, or support of certain transportation plans, transportation improvement programs, and transportation projects in nonattainment and maintenance areas for transportation-related criteria pollutants to ensure that such actions are consistent with the SIP. (4) Finally, this chapter adopts and incorporates by reference federal air pollution control regulations which are referenced in whole or in part throughout the Department�s air pollution control rules.

Application to Coral Reefs:By reducing emmissions to air, particularly carbon dioxide, the pH of ocean waters will not be reduced and that is a direct benefit to coral reefs, since a reduction in pH is believed to be detrimental to corals.

Legislative Actions:The Chapter designates all areas of the state as attainment, nonattainment, or unclassified with respect to each pollutant for which ambient air quality standards have benn adopted.

Comments:This chapter establishes maximum allowable levels of pollutants in the ambient air, or ambient air quality standards, necessary to protect human health and public welfare. This chapter also establishes maximum allowable increases in ambient concentrations for subject pollutants to prevent significant deterioration of air quality in areas where ambient air quality standards are being met. It further specifies approved air quality monitoring and modeling methods. 		Florida State Department of Environmental Protection

Jurisdiction:
 Atmospheric Emissions; Calcium Carbonate Deposition; Carbon Storage & Cycling; Chemical Use Regulations; CO2; Commercial Fishing Boats; Cruise Ships; Energy Policy & Development; Greenhouse Gas Emissions; Land & Air Transportation; Natural Gas & Electric Power; Non-Greenhouse Gas Emissions; Nutrients; Ocean Acidity; Oil & Gas Tankers; Point & Mobile Source Controls; Primary Production; Resource Use Management; Transportation Policies; Wetlands; Wood, Plastics, & Chemical Products
Chapter 3: Trees and vegetation next to waterways, 12 Virgin Islands Code. Establishes buffer zone for protecting natural watercourses from vegetation clearing. The buffer zone either 30 feet from the center of the natural watercourse, or 25 feet from its edge, whichever is greater.

Application to Coral Reefs:Assists in erosion control and can protect reefs from harmful sedimentation, if the stream or river sediment is capable of reaching the coral reef. Vegetation along river and stream banks will remove nutrients and assist in preventing eutrophocation of waters that can reach coral reefs.

Legislative Actions:Enforcement is by conservation officers with assistance from local police when required. Penalties are fines of not more than $100, or 180 days in jail, or both

Comments:Permits can be obtained if the purpose of clearing is for development. 		US Virgin Islands, Department of Planning and Natural Resources, Division of Environmental Protection

Jurisdiction:
US Virgin Islands 		Building & Home Construction; Coastal Development; Construction Codes & Projects; Ditching & Soil Disturbance; Dredging Regulations; Dredging, Draining, & Filling; Existence Value & Sense of Place; Landscape Conservation & Restoration; Landscaping & Household Services; Landuse Management; Resource Use Management; Shoreline Protection; Wetlands
Clean Air Act, 42 United States Code §§ 7400 et seq. To ensure Americans have clean air to breath, and to protect the environment from air pollution. Regulates air emmissions from area, stationary and mobile sources. Charges federal land managers with direct responsibility to protect the "air quality and related values" of land under their control. The "related values" include fish and widlife and their habitats. The Clean Air Act is the law that defines EPA's responsibility for protecting and improving the nation's air quality and the stratospheric ozone layer.

Application to Coral Reefs:The Act would decrease carbon dioxide emissions from sources in the United States, thereby making a contribution toward reducing ocean acidification, which is one of the problems contributing to coral reef decline.

Legislative Actions:Response will differ from State to State because many Sates have been delegated to administer the Clean Air Act. However, States cannot have air quality standards less stringent then the federal standards. State air pollution agencies hold permit hearings and fines industries that violate air quality limits. States must develop state implementation plans that require approval by EPA.

Comments:The 1990 amendments authorized the Acid Deposition Control Program, a program to control 189 toxic pollutants, established permit program requirements, expanded and modified the attainment of National Ambient Air Quality Standards, and expanded and modified enforcement authority. 		United States Environmntal Protection Agency

Jurisdiction:
United States 		Carbon Storage & Cycling; Climate Regulation; CO2; Energy Policy & Development; Environmental Monitoring, Mapping, & Scientific Research; Greenhouse Gas Emissions; Improved Technology; Mineral, Rock, & Metal Mining; Natural Gas & Electric Power; Non-Greenhouse Gas Emissions; Nutrient & Contaminant Processing; Nutrients; Oil & Gas Research & Exploration; Oil & Gas Rigs; Point & Mobile Source Controls; Political Pressure; Transportation Policies; Wood, Plastics, & Chemical Products
Clean Water Act of 1974, 33 United States Code § 1252. To restore and maintain the chemical, physical, and biological integrity of the Nation's waters

Application to Coral Reefs:The Act can be used to establish water quality standards for the disharge of pollutants into surface waters. Section 101 (3) stated that it will be the national policy that the discharge of toxic pollutants in toxic amounts will be prohibited. The legislation employs a variety of regulatory and nonregulatory tools to reduce direct pollutant discharges into waterways, finance wastewater treatment facilities, and manage polluted runoff. The tools are employed to achieve the broad goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters so they can support "the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water."

Legislative Actions:During the late 1980's, the program shifted from program-by-program, source by source, pollutant-by-pollutant approach to more holistic water-shed strategies. Under the watershed approach equal emphasis is placed on protecting healthy waters and restoring impaired waters. Also during the 1980's, voluntary programs for nonpoint runoff and regulatory programs for wet weather point sources began to be addressed.

Comments:The Federal Water Pollution Contrl Act Amendments of 1972, PL 92-500, replaced the previous language of the Act entirely, including the Water Quality Act of 1965, the Clean Water Restoration Act of 1965, and the Water Quality Improvement Act of 1970, all of which had been amendments of the Water Pollution Control Act first passed in 1956. The 1977 amendments, PL 95-217, further amended PL 92-500. 		US Environmental Protection Agency

Jurisdiction:
United States; US Territories 		Agriculture, Aquaculture, & Forestry Policies; Biocriteria; Collaboration & Partnering; Construction Codes & Projects; Corporate Responses; Drinking Water Supply; Economic Markets & Policies; Energy Policy & Development; Hydrologic Management; Improved Technology; Mangroves; Microorganisms; Non-point Source Controls; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Point Source Discharges; Political Pressure; Public Administration; Remediation; Resource Use Management; Seagrasses; Sewage Treatment; Waste Management Policies; Wastewater Discharge
Coral Reef Conservation Act of 2000, 16 United States Code § 6401 (2000). To preserve, sustain, and restore the condition of coral reef ecosystems, to promote the wise management and sustainable use of coral reef ecosystems, to benefit local communities and the Nation, to develop sound scientific information on the condition of coral reef ecosystems and threats to the ecosystems, to assist in the preservation of coral reefs by supporting and financing conservation programs including local and non-governmental programs, establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation projects

Application to Coral Reefs:Allowed the development of programs and projects, and provided financing for developing sound scientific data to preserve and restore coral reefs. Continued the Coral Reef Task Force and Coral Reef Initiative started under Executive Order 13089 (1998).

Legislative Actions:Provided funding for matching grants, encouraged education and outreach, encouaged cooperative conservation and management through partnerships with other federal, state, regional and local partners including citizen groups.

Comments:The Act is administrative, not regulatory. It established four major programs; (1) The National Coral Reef Action Strategy established goals for research, monitoring and conservation, (2, 3) The Coral Reef Conservation Program and Coral Reef Conservation Fund provided financial assistance for coral reef projects, (4) the National Program facilitated cooperative work between federal, state and regional efforts that work to improve coral reef ecosystems. The National Program also enhanced the public awareness of coral reefs through educational programs. The Act incorporated Executive Order 13,089 and provided coordinated funding activities through twelve federal agencies and seven states. 		National Oceanic and Atmospheric Administration

Jurisdiction:
United States; US Coral Reefs 		Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Corporate Responses; Education & Information; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Food & Raw Materials; Funding & Incentives; Marine Debris; Marine Protected Areas; Microorganisms; Public Administration; Remediation; Utilities
Delineation of the landward extent of wetlands and surface waters, 62-340 Florida Administrative Code Annotated (2000). The Rule's intent is to provide a unified statewide methodology for the delineation of the extent of wetlands to satisfy the mandate of Section 373.421, F. S.

Application to Coral Reefs:Preservation of wetlands will allow them to continue to function as buffers for sediment and contaminant control keeping them from reaching estuarine and marine waters and eventually habitats including coral reefs.

Legislative Actions:The Rule is administrative and methodological for delineation purposes.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters; US State Waters; Designated Marine Areas 		Agriculture, Aquaculture, & Forestry Policies; Coastal Development; Dam Construction & Maintenance; Docks & Marinas; Dredging Regulations; Drinking Water Supply; Energy Policy & Development; Finfish & Shellfish Stock; Fish; Invertebrates; Landuse Management; Molluscs; Pipelines; Ports & Harbors; Road Construction & Maintenance; Sediment; Sewage Treatment; Shoreline Armoring; Small Boats; Solid Waste Disposal; Utility Line Construction & Maintenance; Wetlands
Electric Power Siting, 62-017 Florida Administrative Code. 62-17.011 General. (1) The purpose of Part I is to implement the provisions of the Florida Electrical Power Plant Siting Act, Sections 403.501 - 403.518, F.S., as amended. (2) The department promulgates Part I pursuant to the charge of the legislature to provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state. (3) This Part addresses applications for certification of: (a) A new site for a steam or solar electrical power plant; (b) The construction and operation of additional steam or solar electrical generating units to be located at sites which have been previously certified for an ultimate site capacity; and (c) An existing power plant site which had or had applied for permits prior to the effective date of the Act. Specific Authority 403.504(1), 403.517(1)(a), FS. Law Implemented 403.504(2)(3)(5), 403.517, 403.5175, FS. History - New 5-7-74, Amended 12-27-77, Formerly 17-17.01, Amended 5-9-83, Formerly 17-17.011, Amended 2-1-99.

Application to Coral Reefs: To provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state. (3) This Part addresses applications for certification of: (a) A new site for a steam or solar electrical power plant;

Legislative Actions:

Comments:To provide efficient, centralized review of the needs for increased electrical power generation and the effects of generation-related activities on human health and the environment and ecology of the lands and waters within the state. 		Florida State Department of Environmental Protection

Jurisdiction:
 Building & Home Construction; Carbon Storage & Cycling; Climate Regulation; Energy Policy & Development; Natural Gas & Electric Power; Point & Mobile Source Controls
Emergency Wetlands Resources Act of 1986, 16 United States Code §§ 3501 et seq. Promote the conservations of wetlands for public benefit and to assist in the compliance with international obligations under various treaties and conventions for migratory birds.

Application to Coral Reefs:Indirect application to protection of coral reefs through wetland functions of nutrient (particularly nitrogen) and sediment removal from land-based discharges prior to their entrance into open coastal waters.

Legislative Actions:Authorizied the purchase of wetlands from the land and Water Conservation Fund monies. Required States to include wetlands in their Comprehensive Outdoor Recreation Plans.

Comments:Secretary of Interior was required to establish a National Wetland Priority Conservation Plan to identify the locations and types of wetlands that should be priorities for state and federal acquisition. The Act established various fee schedules for entering national wildlife refuges.   		U.S. Fish & Wildlife Service

Jurisdiction:
United States 		Agriculture, Aquaculture, & Forestry Policies; Discharge Limitations; Funding & Incentives; Hydrologic Management; Landuse Management; Marine Birds; Non-point Source Controls; Nutrients; Permitting & Zoning; Public Administration; Resource Use Management; Sediment; Tourism & Recreation Policies; Waste Management Policies; Waterborne Discharges; Wetlands
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
Environmental resource permitting procedures, 62-343 Florida Administrative Code Annotated (2003). The rule provides the procedural requirements for processing environmental resource permits and obtaining formal determinations of the landward extent of wetlands and surface waters.

Application to Coral Reefs:Requiring permits for projects related to environmental resources will indirectly protect environmental habitats. The permits are related to stormwater managemnt systems including discharges to wetlands. The permit conditions can limit toxics, nutrients and sediment that would be discharged to the environment if the rule were not in place.

Legislative Actions:The rule is procedural and does not have fines or penalties.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters 		Agriculture, Aquaculture, & Forestry Policies; Building & Home Construction; Construction Codes & Projects; Dam Construction & Maintenance; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Finfish & Shellfish Stock; Landuse Management; Mangroves; Nutrient & Contaminant Processing; Oil & Gas Research & Exploration; Permitting & Zoning; Point Source Discharges; Ports & Harbors; Road Construction & Maintenance; Seagrasses; Sediment; Surface & Groundwater Flow; Waste Management Policies; Wastewater Discharge; Wetlands
Identification of impaired surface waters, 62-303 Florida Administrative Code Annotated (2002). The Chapter established a methodology to identify surface waters of the state that will be included on the state's planning list of waters that will be assessed pursuant to subsections 403.067(2) and (3), Florida Statutes. It also establishes a methodology to identify impaired waters based on representative data that will be included on the state's verified list of impaired waters, for which the Department will calculate Total Maximum Daily Load (TMDLs), pursuant to subsection 403.067(4), F.S., and which will be submitted to the United States Environmental Protection Agency pursuant to paragraph 303(d)(1) of the Clean Water Act (CWA).

Application to Coral Reefs:By regulating the amount of pollutants that will be allowed to be discharged into major waterbodies of the state, the amount of pollutants reaching estuarine and then marine environments, and eventually coral reefs, will assist in protecting the reefs and other habitats.

Legislative Actions:The planning list of impaired water bodies has been completed. Data on each water bodies has been collected. DEP is in the process of calculating TMDLs for each water body.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters 		Agriculture, Aquaculture, & Forestry Policies; Construction Codes & Projects; Corporate Responses; Designated Uses; Fertilizer & Pesticide Use; Finfish & Shellfish Stock; Forestry; Irrigation; Landscaping & Household Services; Landuse Management; Metals, Electronics, & Machinery Products; Microorganisms; Mining; Non-point Source Runoff; Nutrient & Contaminant Processing; Nutrients; Oil & Gas Research & Exploration; Point Source Discharges; Sewage Treatment; Solid Waste Disposal; Waste Management Policies; Wastewater Discharge; Wood, Plastics, & Chemical Products
Mangrove Trimming and Preservation Act, 403.9321-403.9333 Florida Administrative Code Annotated (1996). It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environmentand economy from unregulated removal, defoliation, and destruction.

Application to Coral Reefs:Protection and preservation of wetland systems, including mangroves, allow the systems to act as buffers to remove nutrients and sediment that could reach coral reefs and cause damage.

Legislative Actions:Permits are required prior to any trimming. A Professional Mangrove Trimmer must be present when work is being performed. Penalties can include restoration and/or mitigation.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters; US State Waters; Designated Marine Areas 		Agriculture, Aquaculture, & Forestry Policies; Apex Fish Predators; Building & Home Construction; Coastal Development; Construction Codes & Projects; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Finfish & Shellfish Stock; Landuse Management; Lobster, Crab, & Shrimp; Marine Birds; Non-Monetary Valuation; Nutrients; Ports & Harbors; Resource Use Management; Sediment; Shoreline Protection
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
National Environmental Policy Act of 1969 as amended through 1982,. Declared a national policy that will encourage productive and enjoyable harmony between man and his environment : promote efforts that will prevent or eliminate damage to the environment and biosphere: stimulate the health and welfare of resources important to the Nation and establish a Council on Environmental Quality.

Application to Coral Reefs:Re-athorizes NEPA of 1969. Provides additional funding.

Legislative Actions:The Act potentially could protect coral reefs if the proposed federal project could have a significant impact on the reef.

Comments:The amendments did not add regulations to the Act 		Federal Agencies

Jurisdiction:
United States 		Atmospheric Emissions; Chemical Variables; Collaboration & Partnering; Complex Habitat & Resources; Dam Construction & Maintenance; Discharge Limitations; Discharges; Educational & Research Opportunities; Energy Policy & Development; Environmental Education & Outreach; Existence Value & Sense of Place; Infrastructural Policies; Landuse Management; Manufacturing & Trade; Mining; Oil & Gas Industry; Recreational Opportunities; Resource Use Management; Security; Toxics; Transportation; Waterborne Discharges
National Environmental Policy Act of 1969, 42 United States Code §§ 4321-4377. Requires analysis, public comment, and reporting for environmental impacts of federal actions. It stipulates the factors to be considered in environmental impact statements, and requires that federal agencies employ an interdisciplinary approach in related decision-making and develop means to ensure unqualified environmental values are given appropriate consideration, along with economic and technical considerations.

Application to Coral Reefs:Requires an Environmental Assessment(EA), and potentially an Environmental Impact Statement (EIS) if the project review finds there will be a significant impact. The EIS must detail the environmental impacts of the proposed action, unavoidable adverse environmental impacts, and alternatives to the proposed action. The resulting studies could protect sensitive environmental ecosystems, including coral reefs.

Legislative Actions:The Act potentially could protect coral reefs if the proposed federal project could have a significant impact on the reef.

Comments:The Act is completely procedural; it does not include specific regulations. The Council on Environmental Quality (CEQ) was created by the Act. CEQ is part of the Executive Office of the President and one of the CEQ directives is to ensure that federal programs comply with NEPA. The puprose of the EIS is to disclose to the public and resource managers the probable long- and short-term impacts of the proposed project as well as consideration of less environmentally damaging alternatives to the recommended course of action. 		Federal agencies

Jurisdiction:
United States 		Agriculture, Aquaculture, & Forestry Policies; Biocriteria; Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Construction Codes & Projects; Decision Support; Designated Uses; Economic Markets & Policies; Energy Policy & Development; Environmental Monitoring, Mapping, & Scientific Research; Fishing & Harvesting Management; Landuse Management; Marine Debris; Microorganisms; Non-point Source Controls; Permitting & Zoning; Physical & Chemical Environment; Physical Variables; Point & Mobile Source Controls; Political Pressure; Public Administration; Reef Habitat; Reef Inhabitants; Reef Life; Remediation; Resource Use Management; Sectors Filling Human Needs; Security; Socio-Economic Drivers; Transportation Policies; Waste Management Policies; Wetlands
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 General Partnership Authorities of 1970, 16 United States Code § 1. The Act supplemented and clarified the National Park Service's mandate with respect to the management of the National Park System.

Application to Coral Reefs:

Legislative Actions:

Comments: 		National Park Service

Jurisdiction:
United States 		Biological Monitoring, Mapping, & Scientific Research; Boating Regulations; Designated Uses; Educational & Research Opportunities; Environmental Education & Outreach; Environmental Monitoring, Mapping, & Scientific Research; Existence Value & Sense of Place; Fishing & Harvesting Management; Marine Protected Areas; Recreational Opportunities; Remediation; Resource Use Management; Tourism & Recreation 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 Improvement Act of 1997, 16 United States Code § 668. Amends the National Wildlife Refuge System Act of 1966. This Act defines the mission of the National Wildlife Refuge System, establishes the legitimacy and appropriateness of six priority wildlife-dependent public uses, establishes a formal process for determining compatible uses of Refuge System lands, identifies the Secretary of the Interior as responsible for managing and protecting the Refuge System, and requires the development of comprehensive conservation plan for all refuges outside of Alaska.

Application to Coral Reefs:

Legislative Actions:

Comments: 		US Fish and Wildlife Serice

Jurisdiction:
United States 		Designated Uses; Environmental Monitoring, Mapping, & Scientific Research; Resource Use Management; Security & Public Administration Policies
Regulation of stormwater discharge, 62-25 Florida Administrative Code Annotated (1988). The discharge of untreated stormwater may reasonably be expected to be a source of pollution of waters of the state and is, therefore, subject to Department regulation. The Departmnet shall prevent pollution of waters of the state by discharges of stormwater, to ensure that the designated most beneficial uses of waters, as prescribed by Chapter 62-302, F.A.C., are protected. A permit under this chapter will be required only for new stormwater discharge facilities as defined herein. This provision shall not affect the Department's authority to require appropriate corrective action, pursuant to Sections 403.121-.161.F.S., whenever existing facilities cause or contribute to violations of state water quality standards. Stormwater discharges to groundwaters shall be regulated under the provisions of Chapters 62-520 and 62-522, F.A.C., and other applicable rules of the Department. The Department intends that, to the greatest extent practicable, the provisions of this chapter be delegated to either local governments or water management districts seeking such delegation.

Application to Coral Reefs:Limiting the contaminants and their concentrations in stormwater discharge will reduce the contamination reaching various habitats, including coral reefs.

Legislative Actions:

Comments: 		Floridfa Department of Environmental Protection

Jurisdiction:
US State Waters 		Agriculture, Aquaculture, & Forestry Policies; Building & Home Construction; Construction Codes & Projects; Dredging, Draining, & Filling; Impervious Surfaces; Landuse Management; Nutrient & Contaminant Processing; Nutrients; Sediment; Waste Management Policies; Wastewater Discharge
Renewable Energy Technologies and Energy Efficiency, 62-016 Florida Administrative Code. This chapter implements the Florida Renewable Energy Technologies and Energy Efficiency Act, providing for grants for renewable energy technologies and rebates for solar energy systems. This chapter also implements applications for corporate tax credits for renewable energy technologies provided for in Section 220.192, F.S. Specific Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.801, 377.802, 377.803, 377.804, 377.806, 220.192 FS. History � New 10-22-07.

Application to Coral Reefs:The regulation could reduce greenhouse gas emissions from coal fired electric generating plants and thus reduce ocean acidification.

Legislative Actions:

Comments:This chapter implements the Florida Renewable Energy Technologies and Energy Efficiency Act, providing for grants for renewable energy technologies and rebates for solar energy systems. This chapter also implements applications for corporate tax credits for renewable energy technologies 		Florida State Department of Environmental Protection

Jurisdiction:
 CO2; Energy Policy & Development; Greenhouse Gas Emissions; Nutrients; Oil & Gas Research & Exploration
Requirements for Sources Subject to the Federal Acid Rain Program, 62-214 Florida Administrative Code. This chapter outlines the additional permitting requirements for Title V sources that are subject to the Federal Acid Rain Program. The rules under this chapter set forth requirements for the Acid Rain Part of an operation permit for a Title V source which is subject to the Federal Acid Rain Program. The Department intends that this chapter shall implement and be consistent with the federal requirements of 40 C.F.R. Part 72. Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at either 40 CFR 72.2 or 76.2 or Rule 62-210.200, F.A.C. The provisions of 40 CFR Parts 72, 73, 74, 75, and 76 referenced in this rule are adopted and incorporated by reference at Rule 62-204.800, F.A.C.

Application to Coral Reefs:Controlling toxic air emissions will contribute to a decrease in greenhouse gasses and assist in reducing ocean acidification.

Legislative Actions:

Comments:This chapter outlines the additional permitting requirements for Title V sources that are subject to the Federal Acid Rain Program. The rules under this chapter set forth requirements for the Acid Rain Part of an operation permit for a Title V source which is subject to the Federal Acid Rain Program. The Department intends that this chapter shall implement and be consistent with the federal requirements of 40 CFR. Part 72. 		Florida State Department of Environmental Protection

Jurisdiction:
 Atmospheric Emissions; Climate Regulation; CO2; Energy Policy & Development; Greenhouse Gas Emissions; Natural Gas & Electric Power; Ocean Acidity
Significant amendments to the Coastal Barrier Resources Act of 1982 include (1) Coastal Barrier Improvement Act of 1990, (2) Coastal Barrier Resources Reauthorization Act of 2000, (3) Coastal Barriers Resources Reauthorization Act of 2005,. (1) Added additional areas along the Great Lakes, Puerto Rico, the Florida Keys and the Virgin Islands and established "Otherwise Protected Areas OPAs); (2) amended the guidelines for making recommendations regarding additions to the CBRS and reqired a pilot digital mapping project; (3) reauthorized CBRA and required the submission of the final digital mapping pilot project.

Application to Coral Reefs:Development of coastal barrier islands can cause sedimentation, through runoff and construction activities, that could reach inshore coral reefs.

Legislative Actions:Restricted most federal expenditures and financial assistance that encourage development including federal flood insurance.

Comments:Recognized coastal barriers as essential habitat for many fish, water fowl and other aquatic animals   		U.S. Fish & Wildlife Service

Jurisdiction:
United States 		Beach & Land Formation; Coastal Development; Dam Construction & Maintenance; Existence Value & Sense of Place; Forestry; Mangroves; Seagrasses; Seawater Flow; Shoreline Protection
Sovereign submerged lands management, 18-21 Florida Administrative Code Annotated (2006). To manage, protect, and enhance sovereignty lands so that the public may continue to enjoy traditional uses, including, but not limited to, navigation, fishing and swimming, public drinking water supply, shellfish harvesting, public recreation, and fish and wildlife propagation and management.

Application to Coral Reefs:Permitting activities on submerged lands owned by Florida will improve water quality which will indirectly protect reef systems.

Legislative Actions:These rules are to implement the administration and management responsibilities of the board and department regarding sovereign submerged lands. Responsibility for environmental permitting of activities and water quality protection on sovereign lands is vested with the Department of Environmental Protection. These rules are considered cumulative.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters 		Anchoring & Vessel Grounding; Aquaculture; Beach & Land Formation; Coastal Defense; Commercial Fisheries; Construction Codes & Projects; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Energy Policy & Development; Existence Value & Sense of Place; Oil & Gas Research & Exploration; Pipelines; Point Source Discharges; Ports & Harbors; Recreational Fishing; Recreational Opportunities; Resource Use Management; Seawater Flow; Sediment; Shoreline Protection; Trawling & Fishing Gear Damage
Surface water quality standards in table format, 62.302.500 Florida Administrative Code Annotated (2008). This section of Chapter 62-302 presents the water quality standards in a tabular format for each class of waters of the State.

Application to Coral Reefs:

Legislative Actions:

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters; US State Waters 		Agriculture, Aquaculture, & Forestry Policies; Building & Home Construction; Chemical Variables; Coastal Development; Coastal Engineering; Complex Habitat & Resources; Construction Codes & Projects; Dam Construction & Maintenance; Deforestation & Devegetation; Ditching & Soil Disturbance; Docks & Marinas; Finfish & Shellfish Stock; Landuse Management; Mangroves; Permitting & Zoning; Ports & Harbors; Resource Use Management; Road Construction & Maintenance; Seagrasses; Sediment; Shoreline Armoring; Utility Line Construction & Maintenance
Tampering with Motor Vehicle Air Pollution Control Equipment, 62-243 Florida Administrative Code. The Department of Environmental Protection adopts this chapter to establish procedures to determine compliance with those parts of Section 316.2935, F.S., which provide that no person shall operate on the public roads or streets of this state any motor vehicle that has been tampered with and that no person or motor vehicle dealer as defined in Section 320.27, F.S., shall offer or display for retail sale or lease, sell, lease or transfer title to a motor vehicle in Florida that has been tampered with. Specific Authority: 316.2935, F.S. Law Implemented: 316.2935, 316.6105, 318.18, 325.209, F.S. History.: New 2-21-90, Amended 5-29-90, Formerly 17-243.100.

Application to Coral Reefs:Vehicles with properly operating air pollution control equipment will dischage less air polllutants and will contribute to a decrease in ocean acidification.

Legislative Actions:

Comments:To achieve and maintain the National Ambient Air Quality Standards for ozone, carbon monoxide, and particulate matter; and to control nuisance exhaust by ensuring that that the air pollution control equipment of the motor
vehicle has not been tampered with. 		Florida State Department of Environmental Protection

Jurisdiction:
 Atmospheric Emissions; CO2; Greenhouse Gas Emissions; Land & Air Transportation; Non-Greenhouse Gas Emissions; Point & Mobile Source Controls; Transportation Policies
Total maximum daily loads, 62-304 Florida Administrative Code Annotated (2006). The Chapter establishes Total Maximum Daily Loads (TMDLs), and their allocations, for waters that have been verified to be impaired by a pollutant pursuant to Chapter 62-303. F.A.C.

Application to Coral Reefs:By regulating the amount of pollutants that will be allowed to be discharged into major waterbodies of the state, the amount of pollutants reaching estuarine and then marine environments, and eventually coral reefs, will assist in protecting the reefs and other habitats.

Legislative Actions:The planning list of impaired water bodies has been completed. Data on each water bodies has been collected. DEP is in the process of calculating TMDLs for each water body.

Comments: 		Florida Department of Envitonmental Protection

Jurisdiction:
United States; State Coastal Waters 		Agriculture, Aquaculture, & Forestry Policies; Aquaculture; Ballast Discharge; Biomedical Research Policies; Coastal Development; Deforestation & Devegetation; Ditching & Soil Disturbance; Dredging Regulations; Finfish & Shellfish Stock; Impervious Surfaces; Irrigation; Landuse Management; Metals, Electronics, & Machinery Products; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Point Source Discharges; Resource Use Management; Sediment; Sewage Treatment; Shoreline Armoring; Solid Waste Disposal; Waste Management Policies; Wastewater Discharge; Wetland & Reef Restoration; Wood, Plastics, & Chemical Products
Uniform Mitigation Assessment Method, Florida Administrative Code Annotated §§ Chapter 62-345 (2005). Establishes a methodology that provides a standard procedure for assessing the functions provided by wetlands and other surface waters, the amount that those functions are reduced by a proposed impact, and the amount of mitigation necessary to offset that loss.

Application to Coral Reefs:Protecting wetlands provides wetland areas that can act as buffers against nutrients, pollutants and contaminants from reaching habitats including coral reefs.

Legislative Actions:The Chapter is administrative and provides methods to assess wetland value and appropriate mitigation to offset impact.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters 		Agriculture, Aquaculture, & Forestry Policies; Building & Home Construction; Civil Engineering & Construction; Coastal Development; Coastal Engineering; Complex Habitat & Resources; Construction Codes & Projects; Dam Construction & Maintenance; Docks & Marinas; Dredging Regulations; Dredging, Draining, & Filling; Finfish & Shellfish Stock; Forestry; Land-Based Civil Engineering; Landuse Management; Mangroves; Nutrient & Contaminant Processing; Oil & Gas Research & Exploration; Pipelines; Ports & Harbors; Recreational Opportunities; Resource Use Management; Road Construction & Maintenance; Seagrasses; Sediment; Shoreline Armoring; Surface & Groundwater Flow; Utility Line Construction & Maintenance; Wetlands
Water quality based effluent limitations, 62-650 Florida Administrative Code Annotated (1996). To implement the provisions of Section 403.051, 403.085 through 403.088 concerning the development of effluent limitations for wastewater facilities.

Application to Coral Reefs:The Florida Air and Water Pollution Act establishes that no wastes are to be discharged to any waters of the state without first being given the degree of treatment necessay to protect the beneficial uses of such water. Requiring treatment of industrial and domestic waste water indirectly protects adjoining ecosystem, such as reefs, by limiting the pollutant that reach these other systems.

Legislative Actions:The Department shall not issue a permit for a discharge to waters of the state, unless the Department has established an efflent limit for those pollutants in the discharge that are present in quantities or concentrations which can be reasonably expected to cause or contribute, directly or indirectly, to a violation of any water quality standard established in rule 62-302. The effluent limit may be a technology based effluent limit (TBEL), a water quality based effluent limit (WQBEL) determined by a Level 1 process, or where applicable, a WQBEL determined by a Level 2 process.

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
US State Waters; Designated Marine Areas 		Agriculture, Aquaculture, & Forestry Policies; Applied Chemicals; Building & Home Construction; Cleaner & Solvent Use; Coal Mining; Construction Codes & Projects; Dam Construction & Maintenance; Domestic Animal Waste; Dredging, Draining, & Filling; Fertilizer & Pesticide Use; Finfish & Shellfish Stock; Fish; Food, Beverage, & Tobacco Products; Irrigation; Landuse Management; Lobster, Crab, & Shrimp; Metals, Electronics, & Machinery Products; Mineral, Rock, & Metal Mining; Non-point Source Runoff; Nutrient & Contaminant Processing; Nutrients; Physical & Chemical Water Quality Criteria; Point Source Discharges; Road Construction & Maintenance; Sediment; Sewage Treatment; Solid Waste Disposal; Utility Line Construction & Maintenance; Waste Management Policies; Wastewater Discharge; Waterborne Discharges; Wholesale & Retail Trade; Wood, Plastics, & Chemical Products
Water Resource Implementation Rule, 62-40 Florida Administrative Code (2006). The Chapter is intended to provide water resouirce implementation goals, objectives and guidance for the development and review of programs, rules, and plans relating to water resources. A goal of the Chapter is to coordinate the management of water and land resources. It is the objective of the State to protect the functions of the entire ecological systems, as developed and defined in the programs, rules, and plans of the Department and water management districts. It is a goal of the Chapter that sufficient water be available for all existing and future reasonable-beneficial uses and the natural systems and that adverse effects of competition for water supplies be avoided.

Application to Coral Reefs:By protecting the functions of entire aquatic ecological systems, those waters will contain less contaminants when they are discharged and meet other natural water bodies including marine ecosystems. Cleaner water will result in less ecological strees to marine ecosystems, including coral reefs.

Legislative Actions:

Comments:This Chapter is intended to provide water resource implementation goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources, based on statutory policies and directives in Chapters 187, 373, and 403, Florida Statutes. 		Florida State Department of Environmental Protection

Jurisdiction:
US State Waters 		Agriculture, Aquaculture, & Forestry Policies; Drinking Water Supply; Environmental Education & Outreach; Non-point Source Controls; Non-point Source Runoff; Nutrient & Contaminant Processing; Physical & Chemical Water Quality Criteria; Point & Mobile Source Controls; Point Source Discharges; Waste Management Policies
Wetland applications, 62-611 Florida Administrative Code Annotated (1996). To provide qualitative and quantitative design criteria discharge limits, permitting requirements, and monitoring requirements for wetlands, man-made and natural, receiving domestic wastewater.

Application to Coral Reefs:Because wetlands act as buffers and remove nutrients from contaminated water, in many case the nutrients will not reach the estuarine and marine environments and potentially have an adverse effect on coral reefs.

Legislative Actions:The Rule is administrative in nature and specific pollutant limits and monitoring requirements are specified in individual permits

Comments: 		Florida Department of Environmental Protection

Jurisdiction:
State Coastal Waters 		Agriculture, Aquaculture, & Forestry Policies; City Planning; Construction Codes & Projects; Environmental Education & Outreach; Hydrologic Management; Landuse Management; Mangroves; Nutrients; Pipelines; Point Source Discharges; Resource Use Management; Seagrasses; Sewage Treatment; Waste Management Policies; Wastewater Discharge

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