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u.s. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
Florida Keys National Marine Sanctuary
P.O. Box 500368
Marathon, FL 33050
Phone: (305) 743-2437
Fax: (305) 743-2357
September 1, 2000
Dear Friend of the Florida Keys:
The Florida Keys National Marine Sanctuary Advisory Council provides
advice to Sanctuary managers and acts as a liaison between the community
and Sanctuary managers. This is your chance to volunteer to join our
Advisory Council and provide advice on protecting the natural and
cultural reSOULces of the Florida Keys National Marine Sanctuary.
Additionally, you can help us increase awareness and understanding of
the Sanctuary and the National Marine Sanctuary Program.
We have eight seats on the Council available for two-year terms
beginning January 1, 2001. We will also select alternates for each of
those seats. Alternates attend meetings when members are not available
and assume the seat on a permanent basis if a member resigns. Beginning
immediately, we will accept applications for Council membership in the
following categories: Boating Industry, Citizen-at-Large - Upper Keys
and Citizen-at-Large - Lower Keys, Commercial Fishing - Shell/Scale,
Conservation and Environment, Diving - Upper Keys, Diving - Lower Keys,
and Recreational Fisherperson.
Enclosed is the Sanctuary Advisory Council application. Please be sure
to choose the category you are applying for and answer each of the five
questions in the application. A copy of the Council's charter is also
enclosed for your information.
We are looking forward to receiving applications in our Marathon office
by October 13,2000. A panel consisting of representatives from the
Governor's Office, the Florida Department of Environmental Protection,
Monroe County, the Marine Sanctuary Program Headquarters office, and the
Florida Keys National Marine Sanctuary will review applications. Daniel
Basta, Acting Director of the National Marine Sanctuary Program, will
make final selections and appointments.
The Advisory Council meets every other month, on the third Tuesday.
Council meetings are usually held in Marathon at the Garden Club.
If you have any questions concerning the Advisory Council feel free to
contact June Cradick at 305.743.2437 x 24.
Bill: D. Causey
Sanctuary Superint
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COUNTY ADMIN1STRATOR
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NATIONAL MARINE SANCTUARY ADVISORY COUNCIL
APPLICATION GUIDELINES
NOTE: Before applying for Advisory Council membership, please review the Advisory Council
Charter provided in your application kit. The Charter outlines the purposes and governs the
operation of the Council. In applying for Council membership, you are agreeing to abide by the
terms of the Charter if you are selected as a member or alternate.
Seat applying for:
_Boating Industry
_Citizen at Large - Upper Keys
_Citizen at Large - Lower Keys
_Commercial Fishing - ShelVScale
_Conservation & Environment
_Diving - Upper Keys
_Diving - Lower Keys
_Recreational Fisherperson
Name:
Organization (if applicable):
Home Address:
Home Phone:
Work Address:
Work Phone:
Fax:
E-mail:
Please address the following five items in an attached statement:
1. Reasons for interest in serving on the Council, including a statement of guiding philosophy
regarding conservation and management of marine resources
2. Community and professional affiliations
3. Length of residence in area affected by the Sanctuary
4. Particular expertise and experience germane to the goals and uses of the Sanctuary,
particularly in relation to the seat for which you are applying
5. Other qualifications or information relevant to membership on the Council
The information obtained through this application process will be used to determine the
qualifications of the applicant for membership on the Sanctuary Advisory Council. This
information will be provided only to National Marine Sanctuary Program staff and other
members of the review panel; the privacy of all applicants will be protected and only the names
and business contact information of successful applicants will be provided to the public.
Applying for membership on the Council is voluntary.
Public reporting burden for this collection of information is estimated to average one hour per
response, including the time for reviewing instructions, searching existing data sources,
gathering the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to Marine Sanctuaries Division, 1305 East West
Highway, N/ORM6, Silver Spring, Maryland 20910.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any
person be subject to a penalty for failure to comply with, a collection of information subject to
the requirements of the Paperwork Reduction Act, unless that collection of information displays
a currently valid OMB Control Number.
OMB Control #0648-0397
Expires 3/21/03
FLORIDA KEYS NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL CHARTER
I. INTRODUCTION
The National Marine Sanctuaries Act (NMSA) , 16 U.S.C. ~ 1431
et seq., authorizes the Secretary of Commerce to designate
areas of the marine environment of special national, and in
some instances international, significance as National Marine
Sanctuaries due to their conservation, recreational,
ecological, historical, research, educational, or aesthetic
resources and qualities.
Congress, recognizing the importance and vulnerability of the
Florida Keys coral reef ecosystem, passed the Florida Keys
National Marine Sanctuary and Protection Act in 1990
designating the Florida Keys National Marine Sanctuary
(Sanctuary) . Congress instructed the Secretary of Commerce,
in consultation with appropriate Federal, state and local
governments and with the State of Florida, and the Sanctuary
Advisory Council to jointly develop and implement a
comprehensive program to protect resources of the area
including the water quality, coral reefs, and other marine
resources of the Florida Keys.
On January 28, 1997, the Governor and Cabinet of the State of
Florida agreed to co-manage the Sanctuary with NOAA and allow
the application of Federal regulations within State lands and
waters.
The Sanctuary's mission is to protect, conserve, and manage
the Florida Keys marine environment by implementing
management initiatives described in the "Strategy for
Stewardship", the Final Management Plan for the Florida Keys
National Marine Sanctuary.
A goal of the Sanctuary is to continue working relationships
with other Federal agencies, State, regional and local
agencies and non-governmental organizations to ensure
accomplishment of the Sanctuary mandate through
implementation of the recently approved, five-year management
plan for the Sanctuary.
The goals of the National Marine Sanctuary program are:
· to enhance resource protection through comprehensive and
coordinated conservation and management tailored to the
specific resources that complements existing regulatory
authorities;
· to support, promote, and coordinate scientific research on,
and monitoring of, Sanctuary resources to improve
management decision-making in the Sanctuary;
· to enhance public awareness, understanding, and wise use of
the marine environment; and
· to facilitate, to the maximum extent compatible with the
primary objective of resource protection, multiple uses of
the Sanctuary not prohibited pursuant to other authorities.
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II. ESTABLISHMENT AND AUTHORITY
The Director of the Office of Ocean and Coastal Resource
Management (Director), National Ocean Service, NOAA, hereby
establishes the Florida Keys National Marine Sanctuary
Advisory Council (Advisory Council) pursuant to Section 315
of the National Marine Sanctuaries Act, 16 U.S.C. 1445(a) et
seq.
III.
PURPOSE
1. The Advisory Council, shall provide advice,
recommendations, and assistance to the Sanctuary
Superintendent and Director, Division of Marine Resources,
Florida Department of Environmental Protection (Sanctuary
Managers) regarding management of the Florida Keys National
Marine Sanctuary.
2. The scope and focus of the Advisory Council shall be:
(a) identifying and evaluating emergent or critical
issues involving Sanctuary use or resources, and serving as
the local communities' liaison to the Sanctuary Managers
regarding the impact of Sanctuary management.
(b) assisting Sanctuary Managers develop an informed
constituency, increasing awareness and understanding of the
purpose and value of National Marine Sanctuaries;
(c) developing the Sanctuary's annual action plan;
(d) evaluating and advising on the success of
implementation of action plans and activities.
3. The Advisory Council shall develop an annual work plan,
in consultation with and approved by the Sanctuary Managers,
to establish. an agenda for specific activities the Advisory
Council intends to address.
IV. MEMBERS AND CHAIRS
1. The Advisory Council shall consist of members appointed
by NOAP., in consultation with the State, from representatives
of commercial and recreational user groups, conservation and
other public interest organizations, scientific and
educational organizations, and members of the public
interested in the protection and multiple use management of
Sanctuary resources. The membership is designed to provide
balanced points of view, and consensus advice and
recommendations.
2. One or more representatives of each of the following
activities, will be selected:
Research/Monitoring
Education/Outreach
Diving (2)
Boating Industry
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Elected County Official
Submerged Cultural Resources
Commercial Fishing - Shell/Scale
Commercial Fishing - Marine/Tropical
Charter Fishing - Flats/Guide
Charter Fishing - Sport Fishing
Recreational Fisherperson
Conservation and Environmental (2)
Citizen at Large - Upper Keys
Citizen at Large - Middle Keys
Citizen at Large - Lower Keys
Tourism - Upper Keys
Tourism - Lower Keys
3. Members accept the responsibility of attending Advisory
Council meetings and may not designate alternates to serve in
their place or to represent them in meetings or at other
Advisory Council activities. Advisory Council members who
fail to attend two consecutive meetings or a total of three
meetings may be asked to resign. The Sanctuary Managers
shall consult with the Advisory Council, prior to taking such
an action.
4. The Advisory Council shall elect one member to serve as
Chair, and one member to serve as Vice-Chair. The Vice-Chair
acts as Chair in the absence of the Chair. The Chair will
serve for one year and Vice-Chair will serve for two years.
Election of all positions is by majority vote of all Advisory
Council members. Members who will not be present at the time
of the election may submit their vote in writing to the
Sanctuary Managers prior to the meeting.
5. Advisory Council members serve at the discretion of the
Director, and upon consultation with the Sanctuary Managers,
may be removed if the member has violated one or more terms
of this Charter, or for other reasons.
V. ADMINISTRATION
1. Members of the Advisory Council serve without pay.
2. The Sanctuary Managers may make available such staff,
information, or administrative services, or assistance as are
determined necessary for the Advisory Council to carry out
its functions.
VI. OPERATION
1. Conduct of Individual Members
(a) No Advisory Council member may use or allow the use, for
other than official purposes, of information obtained through
or in connection with his or her Advisory Council affiliation
that has not been made available to the general public.
(b) When speaking to the public or writing about any matter
regarding the Sanctuary in a document for distribution beyond
the Advisory Council membership, Sanctuary Managers or
8/24/00
3
....
Sanctuary staff, a member shall clearly distinguish those
recommendations, opinions, or positions officially adopted by
the Advisory Council as a body from those he or she may have
as an individual. In no case shall a member represent
individual opinions as those of the Advisory Council, the
Sanctuary Managers, Sanctuary staff, or NOAA.
(c) Any Advisory Council member that has a conflict of
interest (financial, personal, professional, etc.) in any
matter before the Advisory Councilor its Subcommittees or
Working Groups, shall recuse himself or herself from any
action on that matter, including discussion and voting
actions.
2. Conduct of the Advisory Council as a Body
(a) The Advisory Council shall not provide advice or make
recommendations on the Sanctuary, to anyone other than the
Sanctuary Managers. The Advisory Council shall not perform
operational or management functions, and has no authority to
make decisions or express policy for the Sanctuary, NOAA, or
DEP. Any advice, correspondence or information that the
Advisory Council wishes to offer or express or otherwise
extend to others beyond the Sanctuary Managers must be
provided to and approved by the Sanctuary Managers prior to
the Advisory Council action.
(b) Any correspondence, press releases, informational
releases, news articles, or other written documents that are
intended to speak for the Advisory Council as a body must be
coordinated with, and approved by, the Chair and the
Sanctuary Managers. The following disclaimer must be placed
in documents originating from the Advisory Council:
"The Advisory Council is solely an advisory body. The
opinions and findings of this publication do not
necessarily reflect the position of the Florida Keys
National Marine Sanctuary and the National Oceanic and
Atmospheric Administration."
3. Advisory Council Letterhead
The Advisory Counc.il shall use its own letterhead. All
official Advisory Council correspondence must be approved by
the Sanctuary Managers. Only approved, official Advisory
Council correspondence from the Chair or other members of the
Advisory Council, or the Advisory Council as a body, shall be
on this letterhead. The Advisory Council shall not use other
official NOAA or DEP letterhead for any correspondence or
other purposes.
4. Subcommittees and Working Groups
(a) Subcommittees: The Advisory Council may establish, with
the approval of the Sanctuary Managers, such subcommittees as
necessary to fulfill its duties. Subcommittees shall be
composed solely of members of the Advisory Council and shall
be recognized as official sub-units of the Advisory Council.
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4
Subcommittees are subject to all requirements of this
Charter.
(b) Working Groups: Working Groups may be established by
the Advisory Council, with approval by the Sanctuary
Managers, and may be requested to provide specialized or
technical assistance to the Advisory Council on specific
matters.
Working Groups may be established by the Advisory Council for
specific topics or purposes that need focused attention that
cannot be accomplished by a subcommittee. Working groups may
be composed of members of the Advisory Council and/or persons
outside the Advisory Council. Working groups shall be
chaired by a member of the Advisory Council and shall
function under the purview of the Advisory Council. Working
groups established by the Advisory Council to address
specific issues shall disband once the specialized or
technical assistance on the particular matter is submitted to
the Advisory Council. Working groups may provide their
specialized or technical assistance only to the Advisory
Council, which will use the assistance in developing
recommendations to the Sanctuary Managers. Working group
members shall serve without pay.
5. Role of the Sanctuary Managers
(a) The Sanctuary Managers serve as non-voting members of
the Advisory Council. The Sanctuary Managers, in
consultation with the Chair, shall set the time and place for
Advisory Council meetings, develop the agenda and assist in
the preparation of any presentations anticipated in the
conduct of Advisory Council business. No meetings may be
conducted in the absence of the Managers or their designees.
(b) The Sanctuary Managers shall give due consideration to
the advice provided by the Advisory Council on matters within
its purpose and scope.
6. Meetings
(a) Meetings are held at the call of the Chair, with the
approval of the Sanctuary Managers. A quorum of more than two
thirds of the membership of the Advisory Council must be
present.
(b) Advice and recommendations made by the Advisory Council
are advisory only, and shall be made by majority vote of
those present. A recorded vote will be taken by roll call
and objections and abstentions will be noted.
(c) All Advisory Council, Subcommittee, and Working Group
meetings shall be open to the public.
(d) Interested persons shall be permitted to present oral or
written statements on items on the agenda.
(e) Emergency meetings may be held at the call of the Chair
or Presiding Officer. The Sanctuary Managers or their
8/24/00
5
designees, must be present for the Advisory Council to
formally conduct emergency meetings. A quorum of two-thirds
must be present for the Advisory Council to formally conduct
business at such a meeting. As soon as is practical after an
emergency meeting, the Chair shall report, in writing, to the
Sanctuary Managers, and shall include in this report: (1)
meeting minutes including a summary of matters discusses, (2)
the nature of the emergency being addressed by the Advisory
,Council, (3) Advisory Council recorrunendations adopted, and
(4) a list of the members in attendance, and other attendees.
(f) Timely notice of each meeting, including the time,
place, and general topics to be discussed, shall be published
in at least one local newspaper of general circulation in the
Florida Keys.
(g) The Advisory Council meeting place shall be chosen to
accorrunodate general public attendance and be accessible to
those interested in attending.
(h) Minutes of each meeting shall be kept and contain a
surrunary of attendees and matters discussed. Such minutes
shall be available to the public in the Sanctuary office in
Marathon, Florida.
7. Procedures for Providing Advice.
The following procedures shall be used to provide advice:
(a) The Advisory Council may provide advice and
recorrunendations to the Sanctuary managers on issues or
problems relating to its Purpose and Scope and placed on the
agenda, or in response to a particular request made by a
Sanctuary Manager. Requests for information, assistance or
advice from other NOAA offices, or other agencies shall be
made in writing and must be coordinated through, and approved
by, the Sanctuary Managers.
(b) The Advisory Council acts under the auspices of the
National Marine Sanctuary Program. Any matters that the
Advisory Council would like to place on the agenda or
otherwise raise independently must be approved by the
Sanctuary Managers prior to doing so.
(c) Any information or recorrunendations resulting from
discussions in Subcorrunittees and Working Groups shall be
presented to and approved by the Advisory Council prior to
being submitted to the Sanctuary Managers.
VII. OTHER TERMS OF THIS CHARTER
1. The Advisory Council shall operate pursuant to the terms
of this Charter.
2. This Charter shall remain in effect for a period of five
years from the date of signature.
8/24/00
6
3 . six months prior to the expiration of this Charter, the
need for the Advisory Council will be evaluated by the
Sanctuary Mapagers to determine whether to recommend to the
Director to renew the Charter.
4. Recommendations to the Director for revision to the
Charter may be made as determined necessary by the -Sanctuary
Managers.
- U'I~ n..lct -
Jeffr y R. Benoit
Director
Office of Ocean and
Coastal Resource Management
8/24/00
12.,8,. q-::t-
Date
7
FLORIDA KEYS NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL CHARTER
AMENDMENT # 1
The Florida Keys National Marine Sanctuary Advisory Council
Charter dated December 8, 1997 is hereby amended as shown below.
The purpose of the amendment is to clarify that the conduct of
members on matters involving a conflict of interest.
1. Section VI. OPERATION subsection 1. Conduct of Individual
Members is amended by striking the existing paragraph (c) and
inserting the new paragraph (c) below in its place as follows:
"(c) Any Advisory Council Member that has an interest (financial,
personal or business interest) in any matter before the Advisory
Councilor its Subcommittees or Working Groups shall identify such
interest prior to discussion and voting on such matter. No member
shall cast a vote on any matter that would provide a direct
financial benefit to that member or otherwise give the appearance
of a conflict of interest under Federal law. An affected member
who may not vote on a matter may participate in Council
deliberations relating to the decision after notifying the Council
of the voting recusal and identifying the interest that would be
affected. "
_.::. _-:2 L~~oi.: _ _ _ ~.:. ~ _.:. =+ ~ - --
Jefferey R. Benoit
Director
Office of Ocean and
Coastal Resource Management
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