Background to Sanctuary Designation

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With the passage of the National Marine Sanctuaries act in 1972, Congress created a vehicle for the continued protection of our nation's marine resources. Under this legislation the Key Largo National Marine Sanctuary and Looe Key National Marine Sanctuaries were created in 1975 and 1981. In 1990, both of these existing National Marine Sanctuaries were incorporated into the larger Florida Keys National Marine Sanctuary (FKNMS).

With the creation of the Florida Keys National Marine Sanctuary, a series of regulations centered around the protection and preservation of the marine resources of the Keys became effective in 1997. These regulations included provisions for a variety of zone types within the FKNMS which include, Sanctuary Preservations Area (SPAs), Ecological Reserves (ERs), Wildlife Management Areas (WMAs), and Special-Use Areas (SUAs).

Other regulations include the prohibition of hydrocarbon exploration, the taking or damaging of live or dead coral, vessel operation which results in damage to marine resources, the release of exotic species into Sanctuary waters, and the use of explosives.

As written in the Final Management Plan for the FKNMS, “Zoning is the setting aside of areas for specific activities to balance commercial and recreational interests with the need for a sustainable ecosystem.” The goal of Marine Zoning is to:

• Protect areas representing a wide variety of habitats and that maintain ecosystem function;
• Ensure areas of high ecological importance evolve naturally;
• Preserve biodiversity and ecosystem integrity;
• Protect nationally significant coral reef resources;
• Protect and preserve sensitive areas;
• Facilitate use activities compatible with resource protection; and
• Reduce user conflicts.

The Florida Keys National Marine Sanctuary Law Enforcement Team is tasked with enforcing these regulations to ensure the continued protection of resources within FKNMS boundaries.

Cooperative Partnership

Law Enforcement in the Florida Keys National Marine Sanctuary is a cooperative partnership between the National Oceanic and Atmospheric Administration (NOAA) the State of Florida, Florida Fish and Wildlife Conservation Commission (FWC). As part of this partnership,

NOAA provides:

• Authority to enforce the national Marine Sanctuary Act (NMSA), the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA), and the Magnuson Act with access to the Federal Civil and Criminal court system;
• Investigative Support via Special Agents of NOAA’s Office of Law Enforcement;
• Patrol Vessels;
• Funding for Enforcement Positions and Operations.

The State of Florida provides:

• An established Marine Enforcement Patrol Organization;
• Authority to enforce all state laws with access to the Florida criminal system; and
• Training for Officers

Memorandum of Agreement

This partnership is set up under a Memorandum of Agreement (MOA) between the two agencies. The purpose of the MOA between NOAA/ National Marine Sanctuary Program (NMSP) and the Florida Fish and Wildlife Conservation Commission (FWC) is to facilitate the operations, administration and funding of the Florida Keys National Marine Sanctuary (FKNMS) Detachment, Bureau of Marine Enforcement to enforce the laws and regulations pertaining to Sanctuary resources of the FKNMS.

All enforcement activities under this Agreement shall be conducted in compliance with the Cooperative Enforcement Agreement between the United States Department of Commerce, National Oceanic and Atmospheric Administration and the State of Florida, Fish and Wildlife Conservation Commission, Division of Law Enforcement effective July 12, 1999.