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Identification and Evaluation of Local, State, and Federal Rules to Improve Compliance and Enforcement of Regulations Designed to Protect Coral Reef Resources and Minimize Reef Impacts

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Identification and Evaluation of Local, State, and Federal Rules to Improve Compliance and Enforcement of Regulations Designed to Protect Coral Reef Resources and Minimize Reef Impacts IDENTIFICATION AND EVALUATION OF LOCAL, STATE, AND FEDERAL RULES TO IMPROVE COMPLIANCE AND ENFORCEMENT OF REGULATIONS DESIGNED TO PROTECT CORAL REEF RESOURCES AND MINIMIZE REEF IMPACTS A PROJECT OF THE SOUTHEAST FLORIDA CORAL REEF INITIATIVE (SEFCRI) FISHING, DIVING, AND OTHER USES (FDOU) AND MARITIME INDUSTRY AND COASTAL CONSTRUCTION IMPACTS (MICCI) FOCUS TEAMS IDENTIFICATION AND EVALUATION OF LOCAL, STATE, AND FEDERAL RULES TO IMPROVE COMPLIANCE AND ENFORCEMENT OF REGULATIONS DESIGNED TO PROTECT CORAL REEF RESOURCES AND MINIMIZE REEF IMPACTS FINAL REPORT Prepared by: Liana Talaue McManus(1) Maria Luisa Estevanez(1) (1)Division of Marine Affairs and Policy, Rosenstiel School of Marine & Atmospheric Science, University of Miami June 15, 2012 Completed in Fulfillment of Contract RM045 for Southeast Florida Coral Reef Initiative Fishing, Diving, and Other Uses (FDOU) & Maritime Industry and Coastal Construction Impacts (MICCI) Focus Teams Local Action Strategy Project 1 and Florida Department of Environmental Protection Coral Reef Conservation Program 1277 N.E. 79th Street Causeway Miami, FL 33138 This project and the preparation of this report were funded in part by Award No. NA16OZ2440 from the National Oceanic and Atmospheric Administration (NOAA) through a contract with the Office of Coastal and Aquatic Managed Areas of the Florida Department of Environmental Protection. The total cost of the project was $86,885, of which 100 percent was provided by NOAA. The views expressed herein are those of the authors and do not necessarily reflect the views of the State of Florida, NOAA or any of its sub agencies. Southeast Florida Coral Reef Initiative TABLE OF CONTENTS List of Figures ................................................................................................ ix List of Tables................................................................................................. xii List of Appendices ...................................................................................... xiv List of Acronyms.......................................................................................... xv 1. Background.................................................................................................1 2. Goals and Objectives .................................................................................1 3. Analytical Approach .................................................................................2 4. Coral Reef Fisheries ..................................................................................3 4.1. Oversight.............................................................................................4 4.1.1. Lead institution and its mandate ............................................4 4.1.2. Structure of the Florida Fish and Wildlife Conservation Commission ................................................................5 4.1.3. Coordination with Regional Fisheries Councils and National Marine Fisheries Service ....................................................6 4.1.4. Science-based fisheries management through the SEDAR Process ....................................................................................8 4.1.5. In-State Coordination .............................................................13 4.2. Fishing Regulations .........................................................................14 4.2.1. Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 as national context..14 4.2.2. Marine fisheries – policy and standards of Florida............16 4.2.3. Overview..................................................................................18 4.2.4. Fishing Licenses ......................................................................23 4.2.4.1. Commercial Licenses ...................................................23 4.2.4.2. Special Activity Licenses .............................................27 4.2.5. Species- and taxonomic group-based regulations..............27 4.2.5.1. Finfish including Snapper-Grouper Complex: Management history and state of fish stocks.........................28 4.2.5.2. Caribbean Spiny Lobster .............................................32 4.2.5.2.a. Caribbean Spiny Lobster: Management history.......33 4.2.5.2.b. Caribbean Spiny Lobster: Status of the fishery........36 4.2.5.3. Marine life......................................................................38 4.2.5.3.a. Marine life: Management history ..............................38 4.2.5.3.b. Marine life: Status of marine life fishery ...................41 4.2.6. Penalties....................................................................................48 4.3. Enforcement and Compliance........................................................51 4.3.1. ArrestNet Violation Database – Time Trends in Violation types ...................................................................................52 4.3.2. Police effort distribution time by violation type ................57 Maritime Industry & Coastal Construction Impacts Combined Project 1 Final Report and Fishing Diving and Other Uses i June 2012 Southeast Florida Coral Reef Initiative 4.4. Funding .............................................................................................59 4.4.1. Funding needs .........................................................................59 4.4.2. Funding strategies...................................................................60 4.5. Recommendations............................................................................66 4.5.1. General and for Snapper-Grouper fisheries........................67 4.5.2. Caribbean Spiny Lobster Recommendations ......................67 4.5.3. Marine Life Recommendations.............................................68 4.5.4. Recommendations for Penalties ............................................71 4.5.5. Enforcement Recommendations...........................................71 4.5.6. Funding Recommendations ..................................................72 5. Derelict Fishing Gear and Marine Debris .............................................72 5.1. Federal Level.....................................................................................73 5.1.1. Oversight..................................................................................73 5.1.2. Federal Regulations and Activities .......................................74 5.1.2.1. The Marine Debris Research and Reduction Act.....74 5.1.2.2. EPA BEACH Program .................................................76 5.1.2.3. National Marine Debris Monitoring Program .........76 5.1.2.4. International Coastal Cleanup ....................................77 5.2. State Level .........................................................................................77 5.2.1. Oversight..................................................................................77 5.2.2. State Regulations and Activities ...........................................77 5.2.2.1. Comprehensive illegal dumping, litter, and marine debris control and prevention....................................77 5.2.2.2. Trap Retrieval and Trap Debris Removal Act..........79 5.2.2.3. Oceans and Coastal Resources Act of 2005...............79 5.2.2.4. Monofilament Recovery and Recycling Program....79 5.3. County Activities .............................................................................80 5.3.1. Martin County .........................................................................80 5.3.2. Annual Waterway Cleanup...................................................80 5.3.3. Broward County Osborne Reef Waste Tire Removal Pilot Project ........................................................................................80 5.3.4. Miami-Dade Baynanza ...........................................................80 5.4. Enforcement......................................................................................81 5.5. Evaluation of the regulatory system .............................................85 5.5.1. Non-trap fishing gear .............................................................85 5.5.2. Crustacean and Black Sea Bass traps ...................................86 5.6. Recommendations............................................................................91 6. Recreational Boating and Mooring .........................................................91 6.1. Federal Level.....................................................................................92 6.1.1. Oversight..................................................................................92 6.1.2. Federal Regulations and Activities on Recreational Boating................................................................................................92 Maritime Industry & Coastal Construction Impacts Combined Project 1 Final Report and Fishing Diving and Other Uses ii June 2012 Southeast Florida Coral Reef Initiative 6.1.3. Federal Environmental Law..................................................93 6.1.4. Federal Anchorage and Mooring Regulations ....................94 6.2. State Level .........................................................................................95 6.2.1. State Recreational Boating Regulations .............................95 6.2.2. State Anchoring and Mooring Regulations.........................98 6.2.3. State Environmental Boating Laws (by regulated area) ..100 6.2.4. State Boating Advisory Council..........................................102 6.2.5. Voluntary Programs .............................................................102
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