V. LEGAL STATUS QUO 



A. Summary and Analysis 



Looe Key is located on the Continental Shelf seaward of the territorial 

 sea and State jurisdiction. A variety of Federal Statutes and regulations 

 apply to activities taking place in the area. Those that apply to activities 

 posing significant threats to the resources at Looe Key identified in the 

 Affected Environment Section are discussed in the present section. Each is 

 examined in terms of its present effectiveness and potential capability in 

 controlling impacts on these resources. In addition, the enforcement 

 responsibility and capabilities of the relevant Federal agencies are examined 

 including their permitting, surveillance and monitoring procedures and the 

 enforcement arrangements among them and with State agencies. 



Regulations for the most direct threats from man's activities to the 

 coral reefs such as the taking of coral and anchoring do not presently exist. 

 Until recently such activities were regulated by the Bureau of Land Management 

 (BLM) under the Outer Continental Shelf Lands Act (OCSLA) but a recent 

 decision of the Fifth Circuit held these regulations invalid except in 

 connection with BLM's OCS leasing activities. In addition, currently there 

 is no regulation of the collecting of tropical fish or invertebrates, and 

 little regulation of commercial fishing. 



Looe Key is located within the geographical jurisdiction of the 

 South Atlantic Fishery Management Council (SAFMC). As described in this 

 section, the SAFMC is in the process of preparing a Fishery Management Plan 

 (FMP) for Snapper-Grouper Resources, and jointly with the Gulf of Mexico 

 Fishery Management Council (GMFMC), FMPs for Coastal Pelagic Migratory 

 Resources (Mackerel), Spiny Lobster and Coral and Coral Resources. Plans 

 would impose various limitations on the fishing of these resources as 

 detailed below. It is anticipated that the plans will be completed by 

 late 1981. 



As drafted, the Coral and Coral Reef Resources FMP will protect 

 all coral within a 1 nm square HAPC (Habitat Area of Particular Concern 

 encompassing the Looe Key Fore Reef) where proposed management measures 

 would protect the resources against such direct threats as harvesting and 

 anchoring and it would prohibit spearfishing in this area. Beyond the 

 HAPC, the FMP proposes to prohibit the harvest of hard coral except under 

 permit for scientific and educational purposes. A limited harvest of soft 

 coral will be permitted. 



The Spiny Lobster FMP would impose quite severe limitations on 

 the fishing for this resource, as detailed below. Looe Key is located 

 within the SAFMC s Snapper-Grouper Management Area III. South of Cape 

 Canaveral (mid-depth and inshore) in which various management measures 

 proposed to control these fisheries would apply, as described below. 

 Under the draft Mackerel FMP, specific management measures are proposed 

 for King and Spanish mackerel and cobia. 



No FMP's are being prepared for other resources including numerous 

 species of tropical fish with aesthetic but limited commercial value, 



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