Fla. Admin. Code Ann. R. 68B-6.003 - Florida Keys National Marine Sanctuary: Prohibited Activities in Specified State Waters

(1) ECOLOGICAL RESERVE AND SANCTUARY PRESERVATION AREAS - The following activities are prohibited within the Western Sambos Ecological Reserve, Tortugas North Ecological Reserve, and the Cheeca Rocks, Eastern Dry Rocks, Hens and Chickens, Newfound Harbor Key, Rock Key, and Sand Key Sanctuary Preservation Areas, described in Rule 68B-6.002, F.A.C.:

(a) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities. However, fish, invertebrates, and marine plants may be possessed aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area, provided such vessel is in continuous transit through such reserve or area and such resources are stowed in a cabin, locker, or similar storage area prior to entering and during transit through such reserve or area.

(b) Except as provided in subparagraphs 1. and 2., below, fishing by any means. However, gear capable of harvesting fish may be aboard a vessel in an Ecological Reserve or Sanctuary Preservation Area (other than Sand Key), provided such gear is not available for immediate use when entering and during transit through such Ecological Reserve or Sanctuary Preservation Area. The following fishing activities are allowed as indicated:

1. Catch and release fishing by trolling is allowed in the Sand Key Sanctuary Preservation Area.

2. The harvest of baitfish species (ballyhoo, balao, halfbeaks, or herring only) is allowed in the Sanctuary Preservation Areas specified in subsection 68B-6.002(2), F.A.C., subject to the following conditions:

a. No person shall engage in such harvest except pursuant to a valid permit issued for such purpose by the National Marine Sanctuary Division of the National Ocean Service on behalf of the Florida Keys National Marine Sanctuary.

b. In the Newfound Harbor Key Sanctuary Preservation Area, harvest pursuant to this subparagraph shall only be by means of a cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet. In the Cheeca Rocks, Eastern Dry Rocks, Hens and Chickens, Rock Key, and Sand Key Sanctuary Preservation Areas, harvest pursuant to this subparagraph shall only be by means of a cast net or modified lampara net.

c. All bycatch (species other than ballyhoo, balao, halfbeaks, or herring) shall be returned to the water alive.

d. Contact with or disturbance of the seabed is prohibited.

e. Harvest of baitfish in the Sanctuary Preservation Areas specified herein by the use of any gear other than those specifically allowed in this subparagraph is prohibited.

(c) Touching living or dead coral, including but not limited to, standing on a living or dead coral formation.

(d) Except for passage without interruption through the area, for law enforcement purposes, or for purposes of monitoring pursuant to 15 C.F.R. §922.164(d)(2), violating a temporary access restriction imposed by the Director of the Office of Ocean and Coastal Resource Management of the National Oceanic and Atmospheric Administration or designee pursuant to 15 C.F.R. §922.164(d)(2).

(2) EASTERN SAMBOS SPECIAL-USE AREA - The Eastern Sambos Special-use Area is a "research only area" set aside to provide for scientific research or education relating to protection and management, through the issuance of a National Marine Sanctuary General or Historical Resources Permit pursuant to 15 C.F.R. §922.166. Except as may be authorized pursuant to such a permit, within the Eastern Sambos Special-use Area descried in Rule 68B-6.002, F.A.C., the following activities are prohibited:

(a) Possessing, moving, harvesting, removing, taking, damaging, disturbing, breaking, cutting, spearing, or otherwise injuring any coral, marine invertebrate, fish, bottom formation, algae, seagrass or other living or dead organism, including shells, or attempting any of these activities.

(b) Fishing by any means.

Notes

Fla. Admin. Code Ann. R. 68B-6.003

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const.

New 7-1-97, Amended 11-16-98, Formerly 46-6.003, Amended 12-2-99, 7-1-01.

New 7-1-97, Amended 11-16-98, Formerly 46-6.003, Amended 12-2-99, 7-1-01.