Florida Keys National Marine Sanctuary and Protection Act
PL 101-605 (H.R.5909), enacted 11/16/1990

PUBLIC LAW 101-605—NOV. 16, 1990 
104 STAT. 3089 
Public Law 101-605 
101st Congress 
An Act 
To establish the Florida Keys National Marine Sanctuary, and for othei purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Florida Keys National 
Marine Sanctuary and Protection Act". 
FINDINGS 
SEC. 2. The Congress finds and declares the following: 
(1) The Florida Keys extend approximately 220 miles south-
west from the southern tip of the Florida peninsula. 
(2) Adjacent to the Florida Keys land mass are located 
spectacular, unique, and nationally significant marine environ-
ments, including seagrass meadows, mangrove islands, and 
extensive living coral reefs. 
(3) These marine environments support rich biological 
communities possessing extensive conservation, recreational, 
commercial, ecological, historical, research, educational, and 
esthetic values which give this area special national signifi-
cance. 
(4) These environments are the marine equivalent of tropical 
rain forests in that they support high levels of biological diver-
sity, are fragile and easily susceptible to damage from human 
activities, and possess high value to human beings if properly 
conserved. 
(5) These marine environments are subject to damage and loss 
of their ecological integrity from a variety of sources of disturb-
ance. 
(6) Vessel groundings along the reefs of the Florida Keys 
represent one of many serious threats to the continued vitality 
of the marine environments of the Florida Keys which must be 
addressed in order to protect their values. 
(7) Action is necessary to provide comprehensive protection 
for these marine environments by establishing a Florida Keys 
National Marine Sanctuary, by restricting vessel traffic within 
such Sanctuary, and by requiring promulgation of a manage-
ment plan and regulations to protect Sanctuary resources. 
(8) The agencies of the United States must cooperate fully to 
achieve the necessary protection of Sanctuary resources. 
(9) The Federal Government and the State of Florida should 
jointly develop and implement a comprehensive program to 
reduce pollution in the waters offshore the Florida Keys to 
protect and restore the water quality, coral reefs, and other 
living marine resources of the Florida Keys environment. 
Nov. 16, 1990 
[H.R. 5909] 
Florida Keys 
National Marine 
Sanctuary and 
Protection Act. 
Conservation. 
16 u s e 1433 
note. 
16 u s e 1433 
note. 
104 STAT. 3090 
PUBLIC LAW 101-605—NOV. 16, 1990 
POLICY AND PURPOSE 
16 use 1433 
SEC. 3. (a) POLICY.—It is the policy of the United States to protect 
"°*®- 
and preserve living and other resources of the Florida Keys marine 
environment. 
(b) PURPOSE.—The purpose of this Act is to protect the resources of 
the area described in section 5(b), to educate and interpret for the 
public regarding the Florida Keys marine environment, and to 
manage such human uses of the Sanctuary consistent with this Act. 
Nothing in this Act is intended to restrict activities that do not 
cause an adverse effect to the resources or property of the Sanctuary 
or that do not pose harm to users of the Sanctuary. 
DEFINITION 
16 use 1433 
SEC. 4. As used in this Act, the term "adverse effect" means any 
"°*®- 
factor, force, or action that would independently or cumulatively 
damage, diminish, degrade, impair, destroy, or otherwise harm— 
(1) any Sanctuary resource, as defined in section 302(8) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (16 
U.S.C. 1432(8)); or 
(2) any of those qualities, values, or purposes for which the 
Sanctuary is designated. 
SANCTUARY DESIGNATION 
16 use 1433 
SEC. 5. (a) DESIGNATION.—The area described in subsection (b) is 
^°^- 
designated as the Florida Keys National Marine Sanctuary (in this 
Act referred to as the "Sanctuary") under title III of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et 
seq.). The Sanctuary shall be managed and regulations enforced 
under all applicable provisions of such title III as if the Sanctuary 
had been designated under such title. 
(b) AREA INCLUDED.—(1) Subject to subsections (c) and (d), the area 
referred to in subsection (a) consists of all submerged lands and 
waters, including living marine and other resources within and on 
those lands and waters, from the mean high water mark to the 
boundary described under paragraph (2), with the exception of areas 
Records. 
within the Fort Jefferson National Monument. The Sanctuary shall 
f^^^^^ 
be generally identified and depicted on National Oceanic and At-
intormation. 
mospheric Administration charts FKNMS 1 and 2, which shall be 
maintained on file and kept available for public examination during 
regular business hours at the Office of Ocean and Coastal Resource 
Management of the National Oceanic and Atmospheric Administra-
tion and which shall be updated to reflect boundary modifications 
under this section. 
(2) The boundary referred to in paragraph (1)— 
(A) begins at the northeasternmost point of Biscayne National 
Park located at approximately 25 degrees 39 minutes north 
latitude, 80 degrees 5 minutes west longitude, then runs east-
ward to the 300-foot isobath located at aproximately 25 degrees 
39 minutes north latitude, 80 degrees 4 minutes west longitude; 
(B) then runs southward and connects in succession the points 
at the following coordinates: 
(i) 25 degrees 34 minutes north latitude, 80 degrees 4 
minutes west longitude, 
(ii) 25 degrees 28 minutes north latitude, 80 degrees 5 
minutes west longitude, and 
PUBLIC LAW 101-605—NOV. 16, 1990 
104 STAT. 3091 
(iii) 25 degrees 21 minutes north latitude, 80 degrees 7 
minutes west longitude; 
(C) then runs southward to the northeastern corner of the 
existing Key Largo National Marine Sanctuary located at 25 
degrees 16 minutes north latitude, 80 degrees 8 minutes west 
longitude; 
(D) then runs southwesterly approximating the 300-foot 
isobath and connects in succession the points at the following 
coordinates: 
(i) 25 degrees 7 minutes north latitude, 80 degrees 13 
minutes west longitude, 
(ii) 24 degrees 57 minutes north latitude, 80 degrees 21 
minutes west longitude, 
(iii) 24 degrees 39 minutes north latitude, 80 degrees 52 
minutes west longitude, 
(iv) 24 degrees 30 minutes north latitude, 81 degrees 23 
minutes west longitude, 
(v) 24 degrees 25 minutes north latitude, 81 degrees 50 
minutes west longitude, 
(vi) 24 degrees 22 minutes north latitude, 82 degrees 48 
minutes west longitude, 
(vii) 24 degrees 37 minutes north latitude, 83 degrees 6 
minutes west longitude, 
(viii) 24 degrees 40 minutes north latitude, 83 degrees 6 
minutes west longitude, 
(ix) 24 degrees 46 minutes north latitude, 82 degrees 54 
minutes west longitude, 
(x) 24 degrees 44 minutes north latitude, 81 degrees 55 
minutes west longitude, 
(xi) 24 degrees 51 minutes north latitude, 81 degrees 26 
: 
minutes west longitude, and 
(xii) 24 degrees 55 minutes north latitude, 80 degrees 56 
minutes west longitude; 
(E) then follows the boundary of Everglades National Park in 
a southerly then northeasterly direction through Florida Bay, 
Buttonwood Sound, Tarpon Basin, and Blackwater Sound; 
(F) after Division Point, then departs from the boundary of 
Everglades National Park and follows the western shoreline of 
Manatee Bay, Barnes Sound, and Card Sound; 
(G) then follows the southern boundary of Biscayne National 
Park and the northern boundary of Key Largo National Marine 
Sanctuary to the southeasternmost point of Biscayne National 
Park; and 
(H) then follows the eastern boundary of the Biscayne Na-
tional Park to the beginning point specified in subparagraph 
(A). 
(c) AREAS WITHIN STATE OF FLORIDA.—The designation under 
subsection (a) shall not take effect for any area located within the 
waters of the State of Florida if, not later than 45 days after the date 
of enactment of this Act, the Governor of the State of Florida objects 
in writing to the Secretary of Commerce. 
(d) BOUNDARY MODIFICATIONS.—No later than the issuance of the 
draft environmental impact statement for the Sanctuary under 
section 304(a)(l)(C)(vii) of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(l)(C)(vii)), in consultation 
with the Governor of the State of Florida, if appropriate, the Sec-
retary of Commerce may make minor modifications to the bound-
104 STAT. 3092 
PUBLIC LAW 101-605—NOV. 16, 1990 
aries of the Sanctuary as necessary to properly protect Sanctuary 
resources. The Secretary of Commerce shall submit to the Commit-
tee on Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives a written notification of such modifications. Any 
boundary modification made under this subsection shall be reflected 
on the charts referred to in subsection (b)(1). 
16 use 1433 
note. 
Regulations. 
Effective date. 
Intergovernmental 
relations. 
Regulations. 
16 use 1438 
note. 
PROHIBITION OF CERTAIN USES 
SEC. 6. (a) VESSEL TRAFFIC.—(1) Consistent with generally recog-
nized principles of international law, a person may not operate a 
tank vessel (as that term is defined in section 2101 of title 46, United 
States Code) or a vessel greater than 50 meters in length in the Area 
To Be Avoided described in the Federal Register notice of May 9, 
1990 (55 Fed. Reg. 19418-19419). 
(2) The prohibition in paragraph (1) shall not apply to necessary 
operations of public vessels. For the purposes of this paragraph, 
necessary operations of public vessels shall include operations essen-
tial for national defense, law enforcement, and responses to emer-
gencies that threaten life, property, or the environment. 
(3) The provisions of paragraphs (1) and (2), including the area in 
which vessel operations are prohibited under paragraph (1), may be 
modified by regulations issued jointly by the Secretary of the depart-
ment in which the Coast Guard is operating and the Secretary of 
Commerce. 
(4) This subsection shall be effective on the earliest of the 
following: 
(A) the date that is six months after the date of enactment of 
this Act, 
(B) the date of publication of a notice to mariners consistent 
with this section, or 
(C) the date of publication of new nautical charts consistent 
with this section. 
(b) MINERAL AND HYDROCARBON LEASING, EXPLORATION, DEVELOP-
MENT, AND PRODUCTION.—No leasing, exploration, development, or 
production of minerals or hydrocarbons shall be permitted within 
the Sanctuary. 
COMPREHENSIVE MANAGEMENT PLAN 
SEC. 7. (a) PREPARATION OF PLAN.—The Secretary of Commerce, in 
consultation with appropriate Federal, State, and local government 
authorities and with the Advisory Council established under section 
208, shall develop a comprehensive management plan and im-
plementing regulations to achieve the policy and purpose of this Act. 
The Secretary of Commerce shall complete such comprehensive 
management plan and final regulations for the Sanctuary not later 
than 30 months after the date of enactment of this Act. In develop-
ing the plan and regulations, the Secretary of Commerce shall 
follow the procedures specified in sections 303 and 304 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 
and 1434), except those procedures requiring the delineation of 
Sanctuary boundaries and development of a resource assessment 
report. Such comprehensive management plan shall— 
(1) facilitate all public and private uses of the Sanctuary 
consistent with the primary objective of Sanctuary resource 
protection; 
PUBLIC LAW 101-605—NOV. 16, 1990 
104 STAT. 3093 
(2) consider temporal and geographical zoning, to ensure 
protection of Sanctuary resources; 
(3) incorporate regulations necessary to enforce the elements 
of the comprehensive water quality protection program devel-
oped under section 8 unless the Secretary of Commerce deter-
mines that such program does not meet the purpose for which 
the Sanctuary is designated or is otherwise inconsistent or 
incompatible with the comprehensive management plan devel-
oped under this section; 
(4) identify needs for research and establish a long-term 
ecological monitoring program; 
(5) identify alternative sources of funding needed to fully 
implement the plan's provisions and supplement appropriations 
under section 9 of this Act and section 313 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 
1444). 
(6) ensure coordination and cooperation between Sanctuary 
managers and other Federal, State, and local authorities with 
jurisdiction within or adjacent to the Sanctuary; 
(7) promote education, among users of the Sanctuary, about 
coral reef conservation and navigational safety; and 
(8) incorporate the existing Looe Key and Key Largo National 
Marine Sanctuaries into the Florida Keys National Marine 
Sanctuary except the Looe Key and Key Largo Sanctuaries 
shall continue to be operated until completion of the com-
prehensive management plan for the Florida Keys Sanctuary. 
(b) PUBLIC PARTICIPATION.—The Secretary of Commerce shall pro-
vide for participation by the general public in development of the 
comprehensive management plan. 
(c) TERMINATION OF STUDIES.—On the date of enactment of this 
Act, all congressionally mandated studies of existing areas in the 
Florida Keys for designation as National Marine Sanctuaries shall 
be terminated. 
FLORIDA KEYS WATER QUALITY 
SEC. 8. (a) WATER QUALITY PROTECTION PROGRAM.—(1) Not later 
16 use 1433 
than 18 months after the date of enactment of this Act, the Adminis- '^°^-
trator of the Environmental Protection Agency and the Governor of 
the State of Florida, in consultation with the Secretary of Com-
merce, shall develop a comprehensive water quality protection pro-
gram for the Sanctuary. If the Secretary of Commerce determines 
that such comprehensive water quality protection program does not 
meet the purpose for which the Sanctuary is designated or is 
otherwise inconsistent or incompatible with the comprehensive 
management plan prepared under section 7, such water quality 
program shall not be included in the comprehensive management 
plan. The purposes of such water quality program shall be to— 
(A) recommend priority corrective actions and compliance 
schedules addressing point and nonpoint sources of pollution to 
restore and maintain the chemical, physical, and biological 
integrity of the Sanctuary, including restoration and mainte-
nance of a balanced, indigenous population of corals, shellfish, 
fish and wildlife, and recreational activities in and on the water; 
and 
(B) assign responsibilities for the implementation of the pro-
gram among the Governor, the Secretary of Commerce, and the 
104 STAT. 3094 
PUBLIC LAW 101-605—NOV. 16, 1990 
Administrator in accordance with applicable Federal and State 
laws. 
(2) The program required by paragraph (1) shall, under applicable 
Federal and State laws, provide for measures to achieve the pur-
poses described under paragraph (1), including— 
(A) adoption or revision, under applicable Federal and State 
laws, by the State and the Administrator of applicable water 
quality standards for the Sanctuary, based on water quality 
criteria which may utilize biological monitoring or assessment 
methods, to assure protection and restoration of the water 
quality, coral reefs, and other living marine resources of the 
Sanctuary; 
(B) adoption under applicable Federal and State laws of 
enforceable pollution control measures (including water qual-
ity/based effluent limitations and best management practices) 
and methods to eliminate or reduce pollution from point and 
nonpoint sources; 
(C) establishment of a comprehensive water quality monitor-
ing program to (i) determine the sources of pollution causing or 
contributing to existing or anticipated pollution problems in the 
Sanctuary, (ii) evaluate the effectiveness of efforts to reduce or 
eliminate those sources of pollution, and (iii) evaluate progress 
toward achieving and maintaining water quality standards and 
toward protecting and restoring the coral reefs and other living 
marine resources of the Sanctuary; 
(D) provision of adequate opportunity for public participation 
in all aspects of developing and implementing the program; and 
(E) identification of funding for implementation of the pro-
gram, including appropriate Federal and State cost sharing 
arrangements. 
(b) COMPLIANCE AND ENFORCEMENT.—The Administrator of the 
Environmental Protection Agency, the Secretary of Commerce, and 
the Governor of the State of Florida shall ensure compliance with 
the program required by this section, consistent with applicable 
Federal and State laws. 
(c) CONSULTATION.—In the development and implementation of 
the program required by paragraph (1), appropriate State and local 
government officials shall be consulted. 
ADVISORY COUNCIL 
Intergovernmental 
SEC. 9. (a) ESTABLISHMENT.—The Secretary of Commerce, in con-
I6^u^ 1433 
sultation with the Governor of the State of Florida and the Board of 
jjQ^g 
County Commissioners of Monroe County, Florida, shall establish an 
Advisory Council to assist the Secretary in the development and 
implementation of the comprehensive management plan for the 
Sanctuary. 
(b) MEMBERSHIP.—Members of the Advisory Council may be ap-
pointed from among (1) Sanctuary managers, (2) members of other 
government agencies with overlapping management responsibilities 
for the Florida Keys marine environment, and (3) representatives of 
local industries, commercial users, conservation groups, the marine 
scientific and educational community, recreational user groups, or 
the general public. 
(c) EXPENSES.—Members of the Advisory Council shall not be paid 
compensation for their service as members and shall not be re-
imbursed for actual and necessary traveling and subsistence ex-
PUBLIC LAW 101-605—NOV. 16, 1990 
104 STAT. 3095 
penses incurred by them in the performance of their duties as such 
members. 
(d) ADMINISTRATION.—The Advisory Council shall elect a chair-
person and may establish subcommittees, and adopt by-laws, rules, 
and such other administrative requirements and procedures as are 
necessary for the administration of its functions. 
(e) STAFFING AND OTHER ASSISTANCE.—The Secretary of Com-
merce shall make available to the Advisory Council such staff, 
information, and administrative services and assistance as the Sec-
retary of Commerce determines are reasonably required to enable 
the Advisory Council to carry out its functions. 
AUTHORIZATION OF APPROPRIATIONS 
16 USC 1433 
note. 
SEC. 10. (a) AUTHORIZATION FOR SECRETARY OF COMMERCE.—Sec-
tion 313(2)(C) of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (16 U.S.C. 1444(2)(C)) is amended by striking "$3,000,000" 
and inserting in lieu thereof "$4,000,000". 
OJ) AUTHORIZATION FOR EPA 
ADMINISTRATOR.—There are 
au-
thorized to be appropriated to the Administrator of the Environ-
mental Protection Agency $750,000 for each of the fiscal years 1991 
and 1992. 
(c) REPORT.—The Secretary of Commerce shall, not later than 
March 1, 1991, submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a report on 
the future requirements for funding the Sanctuary through fiscal 
year 1999 under title III of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 14321 et seq.). 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 5909: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 26, considered and passed House. 
Oct. 27, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 16, Presidential remarks and statement. 
o