07/22/1999 Agreement
Dannp I.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFHCE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMQRAH:QYM
TO:
Tim McGarry, Director
Growth Management Division
FROM:
Isabel C. DeSantis, Deputy Clerk ..g.C.b:
DATE:
August 9, 1999
At the Board of County Commissioner's meeting held Qn July 22,
1999, the Board granted approval and authorized exeqution of
Interagency Compact Agreement for the Integrated Ma~agement of
the Florida Keys National Marine Sanctuary.
Enclosed is a duplicate original executed by Monroe County for
your handling. Please be sure that a fully executed copy is
returned to this office as soon as all parties involved have
signed accordingly.
Should you have any questions, please do not hesitate to contact
this office.
cc: County Attorney
County Administrator, w/o doc.
File
MEMORANDUM
TO:
George Garrett, Director
Marine Resources Department
DATE:
Timothy J. McGarry, Directt;yJ/J
Growth Management Division/ 'I
August 27, 1999
FROM:
RE:
Interagency Compact Agreement - FKNMS
............................................................................................................................ .
Attached is a duplicate original, executed by Monroe County, of the Interagency Compact
Agreement for the Integrated Management of the Florida Keys National Marine Sanctuary.
The Board of County Commissioners granted approval and authorized execution of this
agreement at the July 22, 1999 meeting.
Please route this agreement to the other parties for signature and follow through to be sure
that a fully executed copy is returned to the Clerk's office as soon as possible.
If you have any questions, please contact Belle DeSantis at Ext. 3314. Thanks for your
cooperation.
TJM/ir
Attachment
CC: James L. Roberts, County Administrator
Jain~endrick, County Attorney
~ DeSantis, Deputy Clerk
File
FYI
Interagency Compact Agreement for the Integrated Management of the Florida Keys
National Marine Sanctuary
Whereas, the marine environments of the Florida Keys possess resources with extensive
conservation, recreational, commercial, ecological, historical. research, educational. economic
and aesthetic values of paramount importance to the Nation, the State of Florida6and::ihe::g ~
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residents of Monroe County; and :u('")?= ~ ",
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Whereas. the marine environments of the Florida Keys support high levels of b@@gTcal c.n ~
diversity and are subject to damage and loss of their ecological integrity from a iiirnii1' ofo ::0
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human activities and disturbances; and ;<~-:'_ c..,) ~
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Whereas, the economy of the Florida Keys is dependent upon a healthy marine ~nvironr~1t 0
and good water quality to support its commercial and recreational fishing and water-related
tourism industry; and
Whereas, Congress established the Florida Keys National Marine Sancruary and Protection
Act. P.L. 101-605, "Florida Keys Act" of 1990 designating the Florida Keys National Marine
Sanctuary to protect sanctuary resources and qualities for the enjoyment of present and furure
generations; and
\Vhereas, the "Florida Keys Act" required the National Oceanic and Atmospheric
Administration (NOAA) to develop a comprehensive management plan, in concert with state.
local and other federal interests, with implementing regulations and a means for integrating
existing authorities to govern the overall management of the sancruary; and
'Vhereas. the "Florida Keys Act" established the boundary of the sancruary. prohibits oil
drilling and exploration within the sanctuary, and prohibits the operation of tank ships or ships
greater than 50 meters in a specified Area to be Avoided: and
\Vhereas. the "Florida Keys Act" further required the development and implementation of a
water quality protection program by the U. S. Environmental Protection Agency and the State
of Florida, in conjunction with NOAA; and
Whereas, the sanctuary covers approximately 2.800 square nautical miles of coastal and
oceanic waters, approximately sixty-five percent state territorial waters, surrounding the
Florida Keys; and
Whereas, the purpose of the sanctuary management plan is to ensure the sustainable use of the
Florida Keys' marine environment by achieving a balance between comprehensive resource
protection and compatible multiple uses of those resources; and
Whereas, the management plan was developed with substantial input and involvement from a
variety of federal, state and local agencies and institutions, the Sancruary Advisory Council.
and the public; and
'Vhereas. the management plan provides an organized process for cooperative management
and protection of narural and cultural resources by implementing management strategies and
r~gl1iations: identifying specific activities required, agencies and institutions involved. and
staffing requirements; and an estimate of the implementation costs; and
\Vhereas, the purpose of this Interagency Compact Agreement is to promote and ensure the
cooperation and coordination of all undersigned in the implementation of the Management
Plan: and
\\'hereas~ the Governor of the State of Florida acts on behalf of and with the approval of the
Florida Trustees of the "affected" State pursuant to section 304 (b)(1) of the National Marine
Sanctuaries Act; and
\Vhereasj this Interagency Compact Agreement will form the foundatiop for subsequent
interagency and intergovernmental cooperative agreements and other less formal interagency
and institutional work efforts.
NO\\', THEREFORE, BE IT RESOLVED BY THE UNDERSIGNED THAT:
I The signatories recognize the Federal/State Co-trustee arrangement for management of the
region's resources, and that no federal, state or local title or authority to manage and regulate
submerged lands, resources, or activities has been limited, conveyed nor relinquished through
this Interagency Compact Agreement.
2. The Florida Keys National Marine Sanctuary Management Plan is recognized and adopted
as the guide for long-term, continuous management of the sanctuary and its resources.
3. This Interagency Compact Agreement establishes a mechanism for joint consultation,
integrated management and cooperation for the protection of the marine environment and
sanctuary resources.
4. Each signatory agency and institution agrees to participate in the Continuous Management
Process as outlined in the management plan.
5. Each signatory agency and institution agrees to implement, to the greatest extent
practicable and within existing and future authorities, responsibilities and financial abilities.
specific activities as detailed in the management plan.
6. Each signatory shall fonnally designate a representative(s) to fonn an "Interagency Group"
comprised of agency staff and institutions with statutory or direct responsibilities for
management plan implementation and further development.
7. The" Interagency Group" will meet a minimum of two times per year for the purpose of
monitoring implementation of management actions and coordinating internal and external
activities related to the implementation of sanctuary management actions, and to serve as a
forum for addressing interagency and other problems and concerns' that may arise. The group
will also assist in identifying and recommending potential funding and personnel reSOurces
needed to implement the plan and coordinating the development of policies at the national,
state, and local levels with those identified in the management plan. '\
8. The signatories agree to utilize a general conflict resolution process, to be adopted and
initiated by the "Interagency Group". for the purpose of identifying and addressing interagency
disputes and problems in sanctuary management plan implementation to the extent that a
conflict resolution process is not more specifically addressed in other agreements or protocols.
9. The signatories recognize that Memoranda of Agreement (MOA) and/or Memoranda of
Understanding (MOV), to be executed by government entities subsequent to this Interagency
Compact Agreement, are necessary to define cross jurisdictional and trustee interest, authority,
and Protocols for effective, integrated management of narural and culrural resources within and
adjacent to the sancruary. These MOAs and MOUs shall include, but not be limited to:
a. Co-Trustees Agreement for Cooperative Management
b. Submerged Culrural Resources Agreement
c. Cooperative Enforcement Agreement
"
d. Agreement for the Coordination of Civil Claims
e. Protocol for Cooperative Fisheries Management
f. Protocol for Emergency Response Notification
g. Certification! Authorization of Permits Agreement
h. Water Quality Protection Program Steering Committee Bylaws
10. The signatories agree to revise and make additions to this Interagency Compact
Agreement to reflect the continuing development of the cooperative relationship in the
protection and management of sanctuary resources.
11. Any modifications, revisions, or amendments to this Interagency Compact Agreement
shall be in writing and executed by the signatories. All requirements of this agreement are
subject to the availability of funds of the parties.
Signed this
day of
q
199.7
Administrator,
National Oceanic and Atmospheric
Administration
Mayor,
City of Layton
~(]&;
Governor.
State of Florida
Region IV Administrator.
U. S. Environmental Protection
Agency
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Board Chair. 7 - Z 2 - <1 <1
Monroe County Board of Commissioners
Colonel, Jacksonville District
U.S. Army Corps of Engineers
SIuJ~k l1~Ji{~5
Undersecretary ,
National Parks/Fish and Wildlife
U. S. Department of the Interior
Mayor,
City of Key West
Commandant, Se'v'enth District
U. S. Coast Guard
Mayor,
City of Key Colony Beach
Board Chair,
South Florida Water Management
District