Government Expands Underwater Kingdom to Save Dying Coral Reefs
Published Date: 1/17/2025
Rule
Summary
NOAA is expanding the Florida Keys National Marine Sanctuary and updating its rules to better protect coral reefs, seagrasses, and other habitats. These changes affect everyone who visits or relies on the sanctuary, aiming to restore and preserve this special place. The new rules kick in after a 45-day review period starting January 17, 2025, with some state-level checks, and they’ll help keep the sanctuary healthy for years to come.
Analyzed Economic Effects
10 provisions identified: 4 benefits, 3 costs, 3 mixed.
Sanctuary expands to 4,539 square miles
NOAA is expanding the Florida Keys National Marine Sanctuary from 3,800 square miles to 4,539 square miles to include the Area To Be Avoided (ATBA) regulatory zone and the Tortugas Region. The expansion is part of the final rule published January 17, 2025 and will take effect after the close of a 45-day continuous session of Congress review period that began January 17, 2025.
Cruise ships banned from most discharges
The rule prohibits discharging or depositing any material from a cruise ship while in the sanctuary, except for cooling water. This prohibition is part of the final rule published January 17, 2025 and applies when cruise ships are inside sanctuary waters.
Anchoring bans in SPAs/CAs delayed two years
NOAA is delaying the effective date for the prohibitions on anchoring in Conservation Areas and Sanctuary Preservation Areas (SPAs) for two years after the primary rule becomes effective, to allow time to finalize a mooring buoy plan and install buoys. Other CA and SPA regulations become effective after the 45-day congressional review period starting January 17, 2025.
Traditional fishing set as of rule effective date
NOAA defines "traditional fishing" as fishing activities customarily conducted in the sanctuary as of the effective date of this rule. Routine changes to size, bag, or season limits remain considered traditional, but substantial future changes (like new gear types) would not be exempt without a separate rulemaking.
Harvesting marine life requires state permit
Sanctuary regulations incorporate Florida definitions for "marine life species" and "tropical fish," and Sec. 922.163(a)(12) requires that marine life may only be harvested from the sanctuary if authorized by a state permit or exemption. Sec. 922.164(b)(2) prohibits collection of tropical fish from within two specific management areas (formerly Key Largo and Looe Key sanctuaries).
Large-vessel mooring buoy rule delayed to 2027
NOAA delayed the effective date of the large vessel mooring buoy requirement (Sec. 922.163(a)(5)(x)) for two years, making the delayed effective date January 19, 2027. Until that date, large vessels may continue to use regular mooring buoys.
Fishing exceptions removed in some SPAs
The rule eliminates the exception that allowed catch-and-release fishing by trolling in Conch Reef, Alligator Reef, Sombrero Reef, and Sand Key SPAs, and NOAA will stop issuing permits for baitfishing in SPAs. These changes become effective after the 45-day congressional review period unless otherwise delayed as noted.
Live rock aquaculture remains allowed with permits
The final rule maintains an exception allowing live rock aquaculture to continue in the sanctuary if authorized by a Florida Sovereignty Submerged Land Live Rock Aquaculture Lease (Florida Dept. of Agriculture and Consumer Services and USACE) or a NMFS Aquacultured Live Rock permit. Existing authorization pathways remain in place.
Two nursery restoration areas added
The final rule adds two Nursery Restoration Areas in Federal waters: Key Largo Nursery Restoration Area (~0.07 square miles / 46.8 acres) and Islamorada Nursery Restoration Area (~0.07 square miles / 47.2 acres). These areas were permitted as coral nursery sites after the proposed rule and are included in the final rule.
Derelict-vessel notification and removal timelines clarified
NOAA moved the 24-hour notification and requirement to remove derelict vessels within 72 hours from a definition into the prohibition at Sec. 922.163(a)(5)(viii), clarifying those timelines apply to derelict vessels and vessels at-risk of becoming derelict. This change clarifies enforcement timing within the sanctuary.
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