REVISED REGULATIONS
The Resource Protection and Visitor Use Action Plans in the 2012 Management Plan include several strategies that required changes to sanctuary regulations. NOAA has therefore revised FGBNMS regulations to improve user safety, protect sanctuary resources from user impacts, and update pollution discharge language.
Diver Safety Regulations
Require that all moored vessels engaged in diving activities at FGBNMS clearly exhibit the blue and white International Code flag "A" (“alpha” dive flag) or red and white "sports diver" flag when divers are in the water and remove it once all divers exit the water.
This is consistent with U.S. Coast Guard guidelines for the Gulf of Mexico.
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| Alpha Dive flag |
Divers Down flag |
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Discharge Regulations
Update the prohibition of discharges to clarify that the prohibition applies to discharges into the sanctuary as well as from within sanctuary boundaries. This applies, for example, to discharges from aircraft, waste thrown from vessels, and other similar activities.
Clarify that dumping of fish, fish parts, or chumming materials is only permitted during fishing with conventional hook and line gear within the sanctuary.
Clarify discharge of vessel waste to:
• only allow discharges of clean water incidental to vessel operations and clean effluent from an operable Type I or II marine sanitation device (MSD)
• require that vessel operators lock all MSDs in a manner that prevents discharge or deposit of untreated sewage
Add definitions for the terms “clean” and “harmful matter” to provide quality standards for discharges of effluent and water incidental to vessel operations. These replace the previous use of the term "biodegradable."
The requirements relating to vessel discharges from marine sanitation devices (MSDs) and other sources are now consistent with industry best management practices and recent vessel discharge regulations implemented for other national marine sanctuaries.
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Ray and Whale Shark Regulations
Prohibit killing, injuring, attracting, touching, or disturbing rays or whale sharks, except for incidental catch by conventional hook and line gear.
Add definitions for the terms "attract or attracting" and "disturb or disturbing."
The purpose of the regulations is to reduce adverse human interactions with rays and whale sharks, while still allowing people to swim or dive near them. Whale sharks and rays are not listed under the Endangered Species Act (ESA). These species are also not designated as depleted under the Marine Mammal Protection Act (MMPA), because they are not mammals. Therefore, they are not protected from harassment and injury in the same manner as threatened and endangered species under the ESA or depleted marine mammals under the MMPA.
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Technical Corrections to Regulations
Technical corrections were made to the regulations document to eliminate outdated references of paragraphs that no longer appear in the regulations and update cross-references to other paragraphs.
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Current Regulations Documents
Regulations, NMSP (364kb pdf) - excerpt from Code of Federal Regulations detailing regulations applicable to the National Marine Sanctuary Program; Flower Garden Banks NMS regulations are in Subpart L (2007)
Regulations, FGBNMS section (67kb pdf) - Updated Subpart L, outlining only regulations specific to Flower Garden Banks NMS (April 2012)
Regulations, Final Rule 2012 (111kb pdf) - Explanation of revisions to FGBNMS regulations in conjunction with release of 2012 Management Plan and Environmental Assessment (April 2012)
Regulations, summary (137kb pdf)
- a two page summary of the regulations most likely to be applicable to individual visitors to the sanctuary; not a comprehensive summary (2012)
If you need additional information about sanctuary regulations, please contact us.
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