Restoration Blueprint FAQs
Question: What is the status of the Restoration Blueprint process?
ANSWER: Restoration Blueprint is now final, following more than a decade of research, proposed alternatives, public meetings, and thousands of individual comments. It should be noted that many agencies have been involved in this process, including the White House Office of Management and Budget, U.S. Department of Commerce, NOAA (National Ocean Service - Office of National Marine Sanctuaries, National Marine Fisheries Service), U.S. Fish and Wildlife Service, U.S. Navy, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental Protection, Florida Division of Historical Resources, and the Gulf of Mexico and South Atlantic Fishery Management Councils.
QUESTION: Why is there a 45-day waiting period between the final rule and effective date?
ANSWER: Under the National Marine Sanctuaries Act (NMSA) Section 304(b)(1) (16 U.S.C. Sec. 1434(b)(1)) the final rule becomes effective after 45 days of Congressional session. During this time, the governor of Florida will have the opportunity to review NOAA’s documents. If the governor does not agree with any of the regulatory changes in state waters, the governor may certify them as “unacceptable,”, and those terms will not become effective within state waters.
QUESTION: Is the state of Florida on board with all of the changes NOAA is implementing through the Florida Keys National Marine Sanctuary Restoration Blueprint?
ANSWER: NOAA has been working closely with colleagues in various state agencies (principally the Florida Fish and Wildlife Conservation Commission (FWC) and Florida Department of Environmental Protection) for more than a decade on the Restoration Blueprint. Much of the science that underpins the regulatory actions came from state agencies. While both agencies agree on the vast majority of the changes and have made dozens of compromises to address each other’s concerns, there are a small number of issues where the agencies disagree. To ensure provisions in state waters are acceptable to the governor, the National Marine Sanctuaries Act provides a mechanism for the governor to certify as unacceptable any of the regulatory changes in state waters of the sanctuary, and those certified provisions will not become effective in state waters.
QUESTION: How does Florida Keys National Marine Sanctuary interact with FWC on fisheries management?
ANSWER: NOAA recognizes FWC’s authority for fisheries management in state waters and for Florida registered vessels operating within adjacent federal waters of Florida Keys National Marine Sanctuary as permitted under 16 U.S.C. 1856(a)(3)(A). NOAA in no way intends to circumvent FWC’s authority or role in fisheries management. However, NOAA through the National Marine Sanctuaries Act and the Florida Keys National Sanctuary Protection Act also has authority to promulgate fishing regulations. These fishing regulations are not traditional species-specific fishery management plan type regulations, but rather regulations that could affect fishing activities including marine zones that limit all or specific types of fishing. The overlapping state and federal authorities require enhanced coordination between NOAA and FWC when either agency proposes regulations that affect fishing in state waters. This coordination is articulated in a 1997 Protocol for Cooperative Fisheries Management that we are in the process of updating.
QUESTION: Why do Florida Keys waters continue to need federal protection?
ANSWER: The current conditions of Florida Keys National Marine Sanctuary are the result of more than a century of pressures, including a history of discharges, coastal development, habitat loss, overexploitation of large fish and keystone species, and increasing numbers of users. Many pressures on natural marine resources are chronic and, to some degree, cumulative. Today, pressures include vessel traffic, coral disease, marine debris, commercial and recreational fishing, and disturbances to wildlife. Factors such as climate change, sea level rise, and ocean acidification are large-scale issues that also affect sanctuary resources. Updating regulations and management action will reduce impacts of local- and regional-scale stressors and increase the resilience of the ecosystem.
QUESTION: What is the economic impact of the changes?
ANSWER: The marine ecosystem drives the economy and local way of life in the Florida Keys, and management of the sanctuary must aim for long-term sustainability. Many factors determine the health of our marine ecosystem and, thus, the strength of the local economy. The regulations in the Restoration Blueprint, including the marine zones, are designed to protect and preserve sensitive parts of the ecosystem while allowing activities that are compatible with resource protection.On the Restoration Blueprint webpage you will find a socioeconomic impact study of the final regulations.
QUESTION: Why has NOAA expanded the sanctuary?
ANSWER: Boundary expansion aligns the geographic boundary with the "area to be avoided" regulatory boundary, where, since 1997 operating a tank vessel or a vessel greater than 50 meters in registered length is prohibited including the northernmost area of the sanctuary, and would close a gap in the Tortugas Region. Boundary expansion is based on ecological connectivity and provides additional protections for ecosystems of national significance. An ecosystem-based management approach provides sanctuary administrators with the platform to address a wide array of issues including the degradation of the highly diverse and economically valuable coral reef ecosystem.
QUESTION: Does Restoration Blueprint add more marine zones and more restrictions?
ANSWER: Restoration Blueprint expands several protected areas and revises the restriction for several others to provide protection to sensitive habitats and species that have experienced declines or to protect restoration activities. Several new marine zones and new zone types are included to promote habitat restoration. Regulations for certain zone types have also been updated. For example, sanctuary preservation areas will no longer allow capture of baitfish under a permit, and exceptions for catch and release fishing by trolling in four sanctuary preservation areas have been eliminated. Anchoring in all sanctuary preservation areas will be prohibited by 2027; moorings will be required to be used. NOAA has developed a mobile app that provides GPS information on the real-time location of zones for on-the-water users. The Restoration Blueprint web page has several videos that provide context around these changes.
QUESTION: What are the modifications to Florida Keys National Marine Sanctuary regulations?
ANSWER: Sanctuary-wide regulations largely remain the same with the following changes proposed:
- Technical updates to definitions and terminology
- Updates to historical resource permitting to align with state and ONMS-wide permit types
- Updates to emergency regulations to allow a temporary regulation to be in effect for up to six months (180 days), with one six-month (additional 186-day) extension, and to provide a clear process on how and why those temporary regulations would be implemented
- Updates to discharge exemption to prohibit discharges from cruise ships
Pertaining to vessels:
- Require large vessels to use specific large vessel mooring buoys, effective in 2027
- Prohibit vessel abandonment or leaving harmful matter aboard, for example fishing nets, fishing line, hooks, fuel, oil, and hazardous substances
- Require notification by the vessel operator or owner within 24 hours of a grounding incident and removal of vessel within 72 hours of incident
- Prohibit fish feeding (including sharks) from a vessel or while diving, without impacting traditional fishing activity
QUESTION: What revisions have been added to the sanctuary management plan?
ANSWER: The revised management plan includes a vision and mission, goals, and priority objectives and activities designed to meet those goals. The management plan focuses on understanding sanctuary resource condition and value, reducing impacts to resources, and enhancing stewardship and collaboration, particularly with our state cooperative management partners. Revision of the management plan includes acknowledgement of the need to play a greater leadership role with the Water Quality Protection Program, development of management effectiveness monitoring, evaluation of visitor use, and development of a restoration plan. The plan includes emphasis on the need to strengthen enforcement through cooperative partnership with other agencies and enhancing public knowledge, understanding, and compliance.
QUESTION: How does sanctuary expansion and regulations affect fishing activities?
ANSWER: Four sanctuary preservation areas that currently allow catch and release fishing will no longer allow this activity. In addition, permits for bait fishing in sanctuary preservation areas will be eliminated over a three- year period. These changes were developed after receiving input from recreational and commercial fishermen, as well as the non-fishing community in the Florida Keys. The changes offer resource protection while allowing compatible activities. Other fisheries management actions will continue to be managed by the FWC and NOAA Fisheries, in coordination with the sanctuary, with advice from the Gulf of Mexico and South Atlantic Fishery Management Councils. 95% of sanctuary waters remain open to fishing.
QUESTION: Under what authority has NOAA undertaken this action?
ANSWER: Under the authority of the National Marine Sanctuaries Act, which requires periodic review and update of national marine sanctuary management plans and regulations. This is the first comprehensive review of Florida Keys National Marine Sanctuary's regulations and marine zoning approach since they were established in 1997. In the two plus decades since, and even farther back to the establishment of Key Largo National Marine Sanctuary in 1975 and Looe Key National Marine Sanctuary in 1981, much has been learned about what management tools work and where improvements can be made.
QUESTION: Does NOAA need congressional authority for changes since the sanctuary was initially designated by Congress?
ANSWER: Congressional action is not required to make changes. An administrative modification of sanctuary management is consistent with both the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act. Congress has an opportunity to review the final rule prior to its implementation.