1^01/ 1 '?80 RESEARCH rrn -« r» ^^^^ UBRAR1AN'^S2 2 1988 Environmental Impact Statement Proposed Looe Key National Marine Sanctuary October 1980 DOCUMENT \ VJcods'n^ Oceanographic Inslilution U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management Li: Woods i!r •iphiC / ! r=l : m I a CD i ; D 1 m a FINAL ENVIRONMENTAL IMPACT STATEMENT PREPARED ON THE PROPOSED LOOE KEY NATIONAL MARINE SANCTUARY DOCUMENT LIBRARY V^ods Hoie Oceanographic Institution November 1980 U. S, Department of Commerce National Oceanic and Atmospheric Administration Office of Coastal Zone Management TABLE OF CONTENTS COVER i NOTE TO READER ii INTRODUCTION AND SUMMARY 1 CHAPTER ONE: PURPOSE AND NEED FOR ACTION 21 CHAPTER TWO: ALTERNATIVES INCLUDING THE PREFERRED ALTERNATIVE 23 I. Introduction 23 II. No Action Alternative: Rely on the Legal Status Quo III. Preferred Alternative 25 A. Goals and Objectives 25 B. Management 26 C. Preferred Boundary Alternative 29 D. Preferred Regulatory Alternatives 30 IV. Regulatory Alternatives Eliminated From Detailed Study 36 V. Summary of Analysis of Alternatives 38 CHAPTER THREE: AFFECTED ENVIRONMENT 45 I. Marine Environment 45 II. Socio-Economic Setting 59 III. Historic and Cultural Resources 67 IV. State and Other Federal Resource Management Provisions in Adjacent and Nearby Areas 69 V. Legal Status Quo 73 CHAPTER FOUR: ENVIRONMENTAL CONSEQUENCES 93 I. Introduction 93 II. Boundary Alternatives 94 III. Environmental Consequences of the Proposed Regulations 99 A. Coral Collecting 99 B. Commercial Fishing 103 C. Spearfishing 119 D. Historical and Cultural Resources 121 E. Discharges 123 F. Anchoring 125 LIST OF PREPARERS 129 DISTRIBUTION LIST 131 BIBLIOGRAPHY 135 APPENDIX A DRAFT DESIGNATION DOCUMENT AND DRAFT REGULATIONS APPENDIX B SITE ANALYSIS RESEARCH METHODS APPENDIX C LOOE KEY ONSITE SURVEY APPENDIX D FLORDIA STATE LAWS AND EXISTING STATE AND FEDERAL MARINE RESERVES AND PARKS APPENDIX E: COMMENTS ON THE DEIS AND NOAA RESPONSES LIST OF FIGURES FIGURE 1: LOCATION OF LOOE KEY 2 FIGURE 2: LOOE KEY BIOLOGICAL ZONES 6 FIGURE 3: BOUNDARY ALTERNATIVES 16 FIGURE 4: BOUNDARY ALTERNATIVES 27 FIGURE 5: LOOE KEY BIOLOGICAL ZONES 49 FIGURE 6: HABITAT AREA OF PARTICULAR CONCERN 82 FIGURE 7: BOUNDARY ALTERNATIVES 95 FIGURE 8: LOOE KEY CORE TRAPEZOID AREA 110 LIST OF TABLES TABLE 1: CORAL COLLECTING/ WIRE FISH TRAPPING ANALYSES 39 TABLE 2: TROPICAL SPECIMEN COLLECTING/ SPEARFISHING ANALYSES 40 TABLE 3: LOBSTER TRAPPING ANALYSIS 41 TABLE 4: HISTORIC AND CULTURAL RESOURCES/ DISCHARGING ANALYSES 42 TABLE 5: ANCHORING ANALYSIS 43 TABLE 6: SUMMARY INCOME AND BUSINESS VOLUME 65 DESIGNATION: Final Environmental Impact Statement TITLE : Proposed Looe Key Marine Sanctuary ABSTRACT: The National Oceanic and Atmospheric Administration (NOAA) proposed the designation of the waters at Looe Key, a sub- merged section of the Florida Reef Tract, located 12.4 km (6.7 nautical miles) southwest of Big Pine Key in the Florida Keys, as a marine sanctuary. The proposed sanctuary consists of 5 square nautical miles of high sea waters under Federal jurisdiction. The designation of a marine sanctuary would establish a program of comprehensive management, including research, assessment, monitoring, public education, long-term planning, coordination and regulation for this section of the Florida reef tract. The preferred alternative provides sanctuary management goals and objectives which will serve as a framework around which sanctuary activities will be structured. Specific regulations are proposed which would apply only within the sanctuary boundaries. The proposed regulations allow the following activities only under NOAA permit for scientific and educational purposes: possession and collecting of coral, disturbance of historical and cultural resources and marine specimen collecting. The proposal prohibits: spearfishing and possession of spearfishing gear; the use of lobster traps within a core area on the Fore Reef; use of wire fish traps; anchoring on coral within the core area; the discharge of substances except cooling waters from vessels, fish or fish parts and chunminq materials and discharges from marine sanitation devices. Alternatives to the proposed action include the no action or status quo alternative, modification of the sanctuary boundaries, and more and less stringent regulations. LEAD AGENCY : U.S. Department of Commerce National Oceanic and Atmospheric Administration Office of Coastal Zone Management CONTACT: Dr. Nancy Foster, Deputy Director Sanctuary Programs Office OCZM 3300 Whitehaven Street, N.W. Washington, D. C. 20235 (202)634-4236 INTRODUCTION AND SUMMARY I. BACKGROUND The Marine Protection, Research and Sanctuaries Act of 1972 (16 U.S.C. 1431-1434) authorizes the Secretary of Commerce, after consultation with appropriate Federal agencies, and the affected State, and with Presidential approval, to designate ocean areas having distinctive conservation, recre- ational, ecological, or aesthetic values as marine sanctuaries. In 1977, the National Oceanic and Atmospheric Administration (NOAA) of the Department of Commerce sent out a nationwide letter asking for recommendations of sites appropriate for consideration as marine sanctuaries. The response to this request included a recommendation by the Florida Keys Citizens Coalition (an association of approximately 21 public interest groups) for the designation of Looe Key as a marine sanctuary "to establish a recreational and aesthetic area managed to protect the coral and coral reef ecosystem" (Nomination letter of November 23, 1977) (see Figure 1 for location of Looe Key). As part of the process for scoping out issues early in the designation process, NOAA held a public workshop on the proposal at Big Pine Key in January 1978. At the workshop the Lower Keys Chapter of the Organized Fishermen of Florida (OFF) and many individual fishermen, testified that they were opposed to any designation of Looe Key as a marine sanctuary. OFF members were opposed to: (1) any regulation of fishing activities; (2) any additional presence of the Federal government in the area; and (3) the size of the proposed sanctuary which was rumored to be 20 sq nm.* In addition to these concerns OFF members expressed belief that enough of the Florida Keys and adjacent water areas were in some form of protective status. Other residents opposed a sanctuary on the belief that a sanctuary would only attract more tourists to the area which, in turn, would further deplete and damage renewable resources. On the other hand, a number of individuals and local groups spoke in favor of some type of a sanctuary at Looe Key. The Florida Audubon Society; Big Pine Key Citizens Association; the Isaak Walton League, Florida Chapter; the Florida Keys Citizens' Coalition; and the Upper Keys Citizens' Association testified on behalf of the proposal. The Newfound Harbor Marine Institute * Rumors circulated in the Big Pine Key area that NOAA was proposing a sanctuary consisting of approximately 20 sq nm. However, at that time NOAA was merely investigating the feasibility of designating the sanctuary and did not have any proposal that discussed size. FIGURE 1 LOCATION OF LOOE KEY KEY LARGO CORAL REEF MARLVE SANCTL'ARV i...y LOOE Key West KEY Sand Ktfy spoke in support of a core area where only non-consumptive uses would be permitted. The majority of those testifying spoke of the importance of the reef, although there was disagreement as to the best way of protecting its unique and significant value for future generations. Most emphasized that effective coral protection depended upon the onsite presence of enforcement personnel . Following the workshop, the South Atlantic and Gulf of Mexico Regional Fishery Management Councils requested that NOAA delay further steps until the Councils' coral reef study was completed. NOAA agreed to the delay. Upon later recommendations of the Councils, NOAA resumed the evaluation of Looe Key as a Marine Sanctuary candidate. To determine the desirability and feasibility of proceeding with the designation, NOAA began preparation of a Draft Environmental Impact Statement (DEIS) on October 1, 1979. In October 1979, NOAA printed a Notice of Intent to Prepare an Environ- mental Impact Statement in the Federal Register and held a scoping meeting on the proposal. NOAA gathered and analyzed information and consulted with other Federal agencies. State agencies, the Gulf of Mexico (GMFMC) and South Atlantic Regional Fishery Management Councils (SAFMC), and local interest groups. In May 1980, NOAA issued proposed regulations and the DEIS for public review. NOAA held public hearings on the DEIS in Miami, June 17, and in Key West and Big Pine Key, June 18. The comment period on the DEIS ended July 15 and the comment period on the regulations, July 21. Reaction to the proposed sanctuary has been mixed. In general many local residents, mostly fishermen, opposed the designation; while regional, state, and national civic and environmental organizations, including the State of Florida, support the designation. At the public hearings, the majority of those testifying spoke against the proposal. At all three hearings a number of individuals and environmen- tal and civic organizations, such as the Marine Wilderness Society, Tropical Audubon, the Sierra Club, and National Audubon supported the designation. Members of OFF and a number of individual fishermen and private citizens spoke in opposition. At the Big Pine Key hearing members of OFF presented NOAA with a petition