One of the principal reasons for designating Gray's Reef National Marine Sanctuary is to maintain and enhance protection of the live bottom environment (Sanctuary Goal 1). No one management strategy alone can fulfill the resource protection needs of the Sanctuary; instead, a comprehensive, multiple-agency approach is needed. The recommended approach is presented below.
A. Activities and Statutes of Other Authorities
The designation of Gray's Reef National Marine Sanctuary does not affect programs or activities of other authorities in the Sanctuary except to the extent that they purport to authorize activities specifically prohibited by sanctuary regulations. Activities and programs of other authorities are described in Section II of this management plan as well as in the Gray's Reef National Marine Sanctuary Final Environmental Impact Statement (OCZM, 1980). A listing of applicable statutes and regulations in the sanctuary area is presented in Table IV-l.
All activities in the Sanctuary are monitored, including activities subject to other authorities, to: (l) ensure that all activities are consistent with sanctuary purposes; (2) determine activity impacts; and (3) ensure that existing resource protection measures are adequately fulfilling their purposes. If monitoring efforts indicate that an existing or proposed activity is inconsistent with sanctuary purposes or that an existing regulation is not adequately protecting the resources, NOAA will consider other options to ensure resource protection.
B. Agency Communication and Coordination
NOAA consults and communicates with federal, state and local government agencies as well as public, private and international organizations concerning the protection and management of marine resources. NOAA has entered into cooperative agreements with other agencies to improve administration of respective programs (see Section VII) and enforcement of regulations that affect the Sanctuary (see D below). NOAA comments on major federal marine-related actions and accompanying environmental impact statements as to their effect on the sanctuary environment. In addition, NOAA maintains on-site management and surveillance capabilities to monitor resource conditions and activities in the sanctuary and to recommend action if problems arise (see Section VII).
NOAA's Sanctuary Programs Division maintains Memoranda of Understanding with the South Atlantic Fishery Management Council (SAFMC) and the Gulf of Mexico Fishery Management Council (GMFMC) for the exchange of information and advice concerning fishery resources and management issues in their respective areas of jurisdiction. Gray's Reef is located in the SAFMC's geographic area of jurisdiction; however, several fishery management plans prepared jointly by the Councils are applicable to the sanctuary area (see Section IV.C. below).
TABLE IV-l STATUTES APPLICABLE TO GRAY'S REEF NATIONAL MARINE SANCTUARY
Specific sanctuary regulations were promulgated at designation to insure long-term resource protection (see Appendix A). The determination of which activities to regulate and the type of regulation to impose was based on an assessment of environmental consequences of existing and potential activities affecting the sanctuary resources (see OCZM, 1980).
Activities that are consistent with sanctuary goals and objectives and do not purport to harm or deplete sanctuary resources or cause major user conflicts are monitored in the Sanctuary but are not regulated. Activities in this category include recreational boating, anchoring, hook-and-line fishing, recreational diving, underwater photography, nature observation, and spearfishing. If any activity is determined to have an adverse effect on the sanctuary environment, NOAA will consider alternative methods to remedy the problem.
Under the Fisheries Conservation and Management Act, several fishery management plans have been prepared that will have some bearing upon fisheries and fishing activities in the Sanctuary when they are final and implemented. These include fishery management plans for coastal migratory pelagic fishes (mackerel) (GMFMC & SAFMC, 1981), fishes in the snapper-grouper complex (SAFMC, 1982), coral and coral reef resources (GMFMC & SAFMC, 1982), and spiny lobsters (GMFMC & SAFMC). NOAA will rely upon management measures and regulations implemented pursuant to these plans to aid in protection of fisheries resources in the Sanctuary.
Through environmental impact assessment, it was determined that the following activities should be prohibited by sanctuary regulation to prevent visual and biological degradation of the sanctuary environment:
Use of bottom trawls, specimen dredges or similar vessel-towed bottom sampling and fishing devices;
Use of wire fish traps, poisons, electric charges, explosives or similar methods to take any marine animal or plant;
Taking or damaging any bottom formation, marine invertebrate, marine plant, or tropical fish;
Depositing or discharging any polluting material, except fish or fish parts, bait, chumming material, vessel cooling water, and effluent from approved sanitation devices; and
Removing or damaging historic or cultural resources.
The rules and regulations that address these activities are presented in Appendix A (see 15 CFR Part 938, 46 FR 7942, January 26, 1981). The effectiveness of these regulations will be reviewed on an annual basis and will result in recommendations on existing or new regulations. This review
will include summaries of enforcement activities, results from monitoring activities and public response to regulations (see Section VIII, Management Plan Review).
Under special circumstances, where a prohibited activity is related to research or education needed to better understand the sanctuary environment or improve management decisionmaking or is necessary for salvage or recovery work, and where the activity is judged not to cause long-term or irreparable harm to the resources, a NOAA Permit may be granted to conduct the otherwise prohibited activity. Sanctuary permit criteria are specified in the regulations, and guidelines for permit application and evaluation are described in Appendix E.
D. Surveillance and Enforcement Activities
NOAA is responsible for seeing that sanctuary regulations are publicized and that sanctuary boundaries are adequately represented on nautical charts and through notices to mariners. NOAA has entered into a cooperative arrangement with the U.S. Coast Guard to enforce sanctuary regulations as part of routine surveillance activities. The Coast Guard makes occasional air and surface patrols in the sanctuary area on an operations permitting basis which is determined by the availability of resources at the time, generally "several days" per month. If the Coast Guard receives information of specific violations, every effort is made to dispatch a unit to the scene (USCG, 1981). The Coast Guard has established an informal agreement with NOAA's General Counsel, St. Petersburg, Florida, to issue citations for sanctuary regulation violation from aircraft as well as from surface patrols.
E. Sanctuary Regulation Violation Procedures
Violators of sanctuary regulations are subject to civil penalties of up to $50,000 under public law. They are to be notified of the alleged violation at the scene by the U.S. Coast Guard and are issued a Coast Guard Report of Boarding (CG Form 4100). In accordance with Coast Guard procedures, no further action against the violator will normally be taken at the time of the citation. Copies of the Report of Boarding are distributed to: (l) Violator (original); (2) NOAA Southeast Regional Office of General Counsel (GC), St. Petersburg, Florida; and (3) NOAA Sanctuary Programs Division. All relevant information is evaluated for sufficiency of the evidence and severity of the offense. A Notice of Violation specifying the precise violation involved and the proposed penalty is drawn up by the NOAA GC in St. Petersburg and sent to the violator for appropriate action.
F. Role of Research and Monitoring in Resource Protection
Research in areas subject to little or no human disturbance provides clues to understanding the structure and function of natural systems; long term monitoring of selected parameters in these same areas reveals information on changes or patterns of natural events. Coupled with studies on patterns and levels of human activities in selected areas and the response of the environment to these activities, research and monitoring provide answers to resource management questions and thus play essential roles in resource protection.
Research and monitoring programs for the Sanctuary are directed toward fulfilling management objectives. In many cases, because so little is already known about sanctuary resources, initial studies will include baseline inventory components; however, based on resource information that is already available from previous or ongoing studies, it will be possible to initiate a modest resource monitoring program. Details of this program will be worked out during the early part of Phase 1 (see Section V, Resource Studies Plan). Once the program is in place, changes can be made as necessary to direct efforts toward specific management problems. In addition, emergency response procedures will be established in the event that an emergency threatens sanctuary resources.
G. Role of Interpretation in Resource Protection
Resource protection measures are only effective if people know about them, understand their purpose and willingly comply with them. In an effort to encourage compliance with sanctuary regulations, interpretive programs will be designed to enhance public understanding of the sanctuary environment and an appreciation for the need for resource protection. Interpretive programs also will provide opportunities for public feedback on sanctuary programs and a means to alert resource managers to evolving management issues. Public comment on sanctuary regulations, for example, will be one strategy used to evaluate their effectiveness (see Section VIII, Management Plan Review).