Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-6 - FLORIDA KEYS NATIONAL MARINE SANCTUARY › Section 68B-6.003 - Florida Keys National Marine Sanctuary: Prohibited Activities in Specified State Waters

Current through Reg. 50, No. 138; July 16, 2024
(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).