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Coordination between Monroe County and the Florida Keys National Marine Sanctuary (FKNMS)
Ocean & Coastal Management 52 (2009) 69–75
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Coordination between Monroe County and the Florida Keys National Marine Sanctuary (FKNMS) K. Sleasman* Florida International University, Environmental Studies Department, 11200 S.W. 8th Street, Miami, FL 33199, USA
a r t i c l e i n f o
a b s t r a c t
Article history: Available online 23 September 2008
Preservation of marine habitats and water quality is paramount to the future economy of the Florida Keys. The Florida Keys National Marine Sanctuary (FKNMS) together with Monroe County have coordinated their actions to protect benthic habitats, improve water quality in the Sanctuary, and implement stormwater and wastewater infrastructure. Cooperation between the Sanctuary and Monroe County has resulted in the creation of No-Discharge Zones and public works projects both of which have succeeded in reducing pollutants into Sanctuary waters. Efforts to improve communication between the Sanctuary and County should still be made in order for improvements in water quality to be realized. Published by Elsevier Ltd.
1. Introduction Monroe County, Florida, is the southernmost county in the United States, comprised of a chain of calcium carbonate islands extending 220 miles southwest from the southern tip of the Florida peninsula. Expansive seagrass beds, mangroves, and delicate coral reefs lie within Monroe County’s boundaries, and over two-thirds are composed of clear tropical waters. Millions of tourists each year visit the Florida Keys to engage in a variety of water-related activities such as scuba diving, snorkeling, and recreational fishing. Tourism is the leading industry in the County which supports over half of the county’s 80,000 residents [1,2]. However, declining water quality threatens this billion dollar industry [3]. Sewage and stormwater infrastructure in the County has not kept pace with burgeoning population and tourism demands. Cesspits, septic tanks, and stormwater runoff deliver nutrients and chemicals into the county’s coastal waters [4]. Wastewater can arrive in canal and nearshore waters within hours due to the porous limestone bedrock throughout the Keys [5,6]. Furthermore, direct threats to sensitive habitats such as coral reefs and seagrass beds have occurred due to vessel groundings and propeller scarring. Over 30,000 acres of seagrass and 20 acres of coral reefs have been destroyed by vessels [1]. The natural resources surrounding the Florida Keys are vital to the State of Florida and local economies, and protection of these resources requires the cooperation of various government agencies with overlapping jurisdictions and authorities. The purpose of this paper is to demonstrate the efforts of Monroe County and the
* Tel.: þ1 202 564 7716; fax: þ1 202 564 4775. E-mail address: [email protected] 0964-5691/$ – see front matter Published by Elsevier Ltd. doi:10.1016/j.ocecoaman.2008.09.002
Florida Keys National Marine Sanctuary (FKNMS) to collaborate in the management of marine resources in the Florida Keys as exemplified in the development of comprehensive management plans.
2. Obstacles to collaborative management Coordination between the FKNMS and Monroe County demonstrates a collaborative management approach between various federal, regional, state, and local governmental agencies which are focused on improving water quality. Previous studies have revealed that collaborative resource management is successful in promoting public participation and encouraging a dialogue between stakeholder groups and government agencies [7]. Research has also revealed that intergovernmental partnerships have the ability to address large-scale management issues such as non-point source pollution and habitat destruction [8]. However, the development of collaborative management and forging intergovernmental relationships is difficult because different levels of government, stakeholder groups, and scientists must communicate with each other to manage a common-pool resource. Monroe County and the FKNMS share the waters surrounding the Florida Keys as a common-pool resource. Research indicates that when a common-pool resource is threatened various agencies and stakeholder groups are more likely to collaborate [7,8]. Notwithstanding the potential for collaboration and the existence of a common-pool resource, however, the citizens of Monroe County vehemently opposed the Sanctuary’s creation. Specifically, in 1996, a group of citizens in Monroe County placed an anti-Sanctuary referendum on the ballot, which the citizens endorsed [9]. Commercial fishermen, real-estate groups, treasure
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hunters, and residents opposed the creation of the Sanctuary and voted for the referendum because they feared that the federal government would regulate local interests [10]. Despite the opposition from Monroe County citizens, the Sanctuary was nevertheless created by an Act of Congress [1,9]. Creation of the Sanctuary presented an early obstacle to collaborative management between Monroe County and the federal government. The first obstacle facing collaborative management efforts was the division of management authority between Monroe County and the Sanctuary. By sharing a common-pool resource, there is an inevitable overlap in jurisdiction regarding the development of comprehensive management plans for water quality programs. Monroe County extends beyond Florida Bay to the north of the Florida Keys into Everglades National Park, whereas the Sanctuary is limited to the waters surrounding the Florida Keys and Dry Tortugas. Monroe County controls a larger area of the waters surrounding the Florida Keys and manages sensitive land habitat across a fragmented area. However, the development of Monroe County’s management plan was guided by the State of Florida and the Sanctuary’s was guided by the federal government. In addition, Monroe County’s management plan involved a myriad of land and water capital improvement projects mandated by the State of Florida which the County must complete them by a 2010 deadline. The Sanctuary’s management plan was also complex and involved a wide range of objectives. To overcome these obstacles the local and federal government must resolve the issue of conflicting authority because the success of each respective management plan is dependent upon the reduction of non-point source pollution. Table 1 describes the federal, state, and local agencies included in the management of the Florida Keys water quality as well as each agency’s respective authorities’ jurisdiction and geographic areas. 3. Florida Keys National Marine Sanctuary Throughout the 1980s the marine habitats in the Florida Keys faced a myriad of threats including vessel groundings, seagrass dieoffs, loss of coral cover, poor water quality, and decreased fish populations [1,4]. Mounting threats provoked Congress to enact the Florida Keys National Marine Sanctuary and Protection Act (FKNMS) in 1990, thereby establishing the Florida Keys National Marine Sanctuary. Within the Act, Congress prescribed specific actions to be developed unique to the Florida Keys National Marine Sanctuary [1]. The Sanctuary is administered by the National Oceanic and Atmospheric Administration (NOAA) and the State of Florida assists in management with the Florida Department of Environmental Protection (FDEP). In 1996, an Interagency Compact Agreement was developed by NOAA and the State of Florida to ensure coordination between federal, state, and local agencies. The purpose of the agreement was to promote cooperation between federal, state, and local agencies in all aspects of management including enforcement, fisheries management, permitting, emergency response, and civil claims [11]. As mandated by the Act, a comprehensive management plan for the Sanctuary was developed in 1997, to protect the resources of the Florida Keys by managing human uses, restricting potentially harmful activities, and facilitating coordination between federal, state, and local government. Management of human uses was to be enforced through regulations and specific zoning throughout the Sanctuary to limit conflict between user groups. Comprehensive protection of the ecosystem surrounding the Florida Keys also included restricting vessel traffic and no leasing, exploration, development, or production of minerals or hydrocarbons is permitted. The Secretary of Commerce in conjunction with federal, state, and local governments and with a Sanctuary Advisory Council (SAC) also assisted with the development of the comprehensive
management plan for the Sanctuary, which included ten action plans. As stipulated by Congress and drafted in the 1997 management plan, the Sanctuary must also submit a five-year review in order to evaluate progress and make recommendations for future management goals. Furthermore, the status and trends of water quality, seagrass beds, and coral reef habitats should be continually monitored and identification of priority needs communicated to the EPA, advisory councils, and Monroe County [12,1]. Congress established the Water Quality Protection Program (WQPP) under the Florida Keys National Marine Sanctuary and Protection Act that recognized the vital importance of water quality to the Sanctuary. Under the designation of the WQPP, the Environmental Protection Agency (EPA) together with the Florida Department of Environmental Protection and the Secretary of Commerce developed a comprehensive management plan for water quality. This plan addresses point and non-point source pollutants and identifies corrective actions and compliance. Pollution control measures were instituted for Sanctuary waters and water quality standards across the Sanctuary guide enforcement. In addition, a Water Quality Steering Committee includes individuals from federal agencies, the Florida Department of Community Affairs, the South Florida Water Management District, the Florida Keys Aqueduct Authority (FKAA), three individuals in local government in the Florida Keys, and three citizens. Monroe County’s and FKAA’s seats on the Water Quality Steering Committee represent an effort on behalf of the federal government to incorporate local and private interests into the Sanctuary’s water quality programs. Congress receives biennial reports drafted by the committee concerning progress, modification, and recommendations for water quality in the Sanctuary. A Technical Advisory Committee oversees scientific research composed of members from federal and state agencies, academic institutions, and non-profit organizations. The EPA appoints a Florida Keys Liaison Officer that also communicates with federal agencies, state and local authorities concerning improvement of water quality in the Sanctuary [12]. Educational outreach to state and local authorities represents another effort on behalf of the federal government to involve the local community. The creation of SAC exemplifies an effort to incorporate the local government into drafting management and action plans for the Sanctuary. However, the local government may serve on the council but discussions are limited to Sanctuary action plans. The Sanctuary Advisory Council (SAC) assists in the development of comprehensive management plans for the Sanctuary as well. Members of the SAC include sanctuary managers, overlapping government agencies, Monroe County commissioners, and representatives with vested local interests such as conservation groups, scientists, and recreational groups. An elected chairperson position establishes laws, rules, and procedures for administration and functions of the Sanctuary and only voting members of the board can cast their vote for amendments [12]. Responsibilities of the SAC also include informing the public of the value of National Marine Sanctuaries, assisting in development and evaluation of action plans, and it serves as a liaison to the local community by holding monthly meetings open to the public [12]. 4. Monroe County Year 2010 Comprehensive Plan The Florida Keys and its delicate habitats are located entirely within Monroe County. However, the County’s efforts to protect their natural resources have frequently come under criticism by the State of Florida [13]. In 1974, the state of Florida recognized the Florida Keys as an ‘‘Area of Critical State Concern,’’ that warranted protection. Subsequently, Monroe County land use was under strict regulation by the State of Florida, and as a result the County issued a Comprehensive Master Plan in 1986 to comply with the
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Table 1 Federal, state, local, and private interests involved in water quality Agency
Authority
Responsibilities
Water quality in the Florida Keys
Geographic area
National Oceanic and Atmospheric Administration (NOAA) Florida Keys National Marine Sanctuary (FKNMS) (Federal) Environmental Protection Agency (EPA) (Federal)
-
enforcement fisheries permitting emergency response - civil claims
- manage human use - ecosystem management - coordinate federal, state, and local interests - monitor water quality
- Water Quality Protection Program (WQPP) - Sanctuary Advisory Council (SAC) - Management of No-Discharge Zone (NDZ) for State waters - Waterway management - Sanitary Wastewater Master Plan
Limited to 2800 square miles of the FKNMS includes state and federal waters
- financial assistance - research - regulation development - enforcement - permitting of wastewater treatment plants
- program development within the Sanctuary
- WQPP - appointment of Florida Keys Liaison Officer
Limited to 2800 square miles of the FKNMS includes state and federal waters
- WQPP
Monroe County and adjacent areas
- WQPP - Sanitary Wastewater Master Plan
Monroe County and adjacent areas
- WQPP Water Quality Steering Committee - Sanitary Wastewater Master Plan
Monroe County and adjacent areas
State of Florida Department of Environmental Protection (FDEP) (State)
State of Florida Department of Health (FDOH)
- enforcement
State of Florida Department of Community Affairs (DCA) (State) Florida Fish and Wildlife Conservation Commission South Florida Water Management District (SFWMD) (Regional State) Monroe County (Local Government)
- ensure compliance with State of Florida statutes
- management of Florida state parks in Monroe County - land conservation - cultural and historical preservation - inspection of wastewater treatment plants and assures compliance with state regulations - health outreach and promotion - disease prevention - inspection and abandonment of septic tanks - community planning - housing and community development - emergency management
- enforcement
- management of NDZ
- WQPP - SAC - NDZ
- FKNMS
- assist in management of the FKNMS
- program development for the FKNMS
- WQPP Water Quality Steering Committee
- Monroe County and adjacent areas - FKNMS
- enforcement - implementation of county ordinances to protect county water quality and FKNMS - regulation development - enforcement - regulation development - collect user fees - collect user fees
- protection of county natural resources
-
Limited to municipalities or 3737 square miles of Monroe County (land and marine including all of Florida Bay)
- Monroe County Year 2010 Master Plan
- Sanitary Wastewater Master Plan - Stormwater Master Plan - Management of NDZ
Limited to their incorporated areas with exception of Key Largo wastewater treatment district
- provide drinking water and wastewater services to the Lower Keys
- WQPP Water Quality Steering Committee - Sanitary Wastewater Master Plan - Stormwater Master Plan
Limited to 850 square miles of Lower Keys
Municipalities (Local Government)
Florida Keys Aqueduct Authority (FKAA) (Private)
restriction on building permits. The State found flaws in the master plan regarding rate of growth ordinances, and the County redrafted it and resubmitted another master plan, the Monroe County Master Plan Year 2010 in 1991. The new master plan failed approval by the State as well as a redrafted plan submitted in 1993. The State found fault in the County’s hurricane evacuation routes and development impacts on the County’s natural resources. As a result of the
WQPP Steering Committee SAC Sanitary Wastewater Master Plan Stormwater Master Plan Department of Marine Resources Management of NDZ
County’s failures, the Florida Administrative Commission (FAC) and Governor Chiles issued Executive Order Number 96-108, in 1996, requiring a carrying capacity study and heightened protection of nearshore waters, seagrass habitats, and Key deer [13]. The creation of the Monroe County Year 2010 Comprehensive Plan represents an ambitious endeavor by the part of the County. The numerous improvement projects outlined in the County’s
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management plan involve will require much of the County’s resources. State and federal assistance in completion of the plans is essential to their success. The Monroe County Year 2010 Comprehensive Plan adopted by the Board of County Commissioners under Rule 9J-5 of the FAC is divided into three documents [14]. The Technical Document provides supporting data for elements of the plan. The Policy Document includes goals, objectives, and policies for each element outlined in the plan as well as a capital improvement implementation program and the Comprehensive Plan monitoring and evaluation procedure. Critical elements of the plan include affordable housing, water quality, hurricane evacuation routes, and habitat protection. The Map Atlas contains maps of existing land use, natural features of the County, existing transportation, and future land use and transportation [14]. 4.1. FKNMS influence in development of the Monroe County Year 2010 Comprehensive Plan Within the Monroe County Year 2010 Comprehensive plan under Objective 202.1 the County was to assist in the development of the Water Quality Protection Program in aspects of both Phase I and Phase II. Phase I relationships between water quality and marine habitats were to be drawn to set the impetus for County and Sanctuary action. Water quality standards and implementation of Best Management Practices were to be amended by the County during Phase II. In 1992, the EPA submitted a report to Congress entitled Water Quality Protection Program for the Florida Keys National Marine Sanctuary; Phase 1 Report. In the report 84 hot spots across the Sanctuary were identified as having degraded water quality. Following the report, the Water Quality Protection Steering Committee expanded the list in 1996, to include an additional 4 Hot Spots based on degraded sites specifically related to wastewater. In response to issues raised by the Water Quality Protection Committee, Monroe County included a mandate in the Monroe County Year 2010 Comprehensive Plan, under Objective 901.1.1, to reduce nutrient loading for non-point sources into the waters of the Sanctuary by eliminating cesspits, septic tanks, and other poorly functioning wastewater treatment plants. The Sanitary Wastewater Master Plan also called for implementation of regional wastewater treatment facilities in Key Largo, Islamorada, Marathon, Big Pine Key, Cudjoe Key, Big Coppitt, and Stock Island [14,15]. The institution of the Sanitary Wastewater Master Plan represents coordination between federal, state, local, and community interests. The Department of Community Affairs requested that federal, state, and local agencies assist in completion of the plan, specifically the Florida Keys National Marine Sanctuary’s Water Quality Protection Program’s Steering Committee. The WQPP coordinated with all agencies in completion of the water quality, wastewater, and stormwater master plans. Public education and outreach continue to be vital components in completion of the plan. For instance, public involvement in identification of cesspits and abandonment of septic tanks with assistance from the State Department of Health and the WQPP Steering Committee was achieved in the first phase of the Plan [14]. Following institution of the Monroe County Year 2010 Comprehensive Plan, the State of Florida set effluent standards for wastewater treatment systems in the Keys to include best available technology (BAT) for plants operating below 100,000 gallons a day and advanced wastewater treatment (AWT) for plants operating at over 100,000 gallons per day [16]. In 1999, Monroe County drafted a document entitled Water Quality ‘Hotspots’ in the Florida Keys: Evaluations for Stormwater Contributions. In this report the County identified sites throughout the Keys that have significant stormwater-related problems contributing to degraded water quality [16]. The Stormwater Master Plan for Monroe County, under Objective 1001.1.1, was put in
place to examine current drainage areas throughout the County and evaluate issues related to stormwater and impact on water quality. It also identified deficiencies in areas throughout the County and made recommendations it install drainage areas for future development. The plan was developed to coincide with the Sanitary Wastewater Management Plan [14]. The collaboration between the Sanctuary and the County in the creation of WQPP represents a concerted effort on behalf of both agencies to work together to achieve a common goal of improving water quality, especially in the County’s effort to curb non-point source pollution. Without this collaboration water quality in the Sanctuary would continue to degrade because of Monroe County’s lack of movement toward sufficient sewage and stormwater infrastructure. However, the Sanctuary served only in the development of the County’s Sanitary Wastewater and Stormwater Management Plan, the Sanctuary does not play a role in implementation because the Sanctuary’s authority is restricted to the water surrounding the Florida Keys. Special districts, private interests, and cities in Monroe County must take on the role of achieving the goals of the Sanitary and Stormwater Management Plans. 5. Florida Keys National Marine Sanctuary management plan In 2001, the SAC and staff members of the FKNMS submitted a revised management plan for public comment, and amended action plans were presented during SAC meetings. The final management plan was submitted in 2005, outlining accomplishments over the period of its first inception and management activities [1]. This management plan would serve as the Sanctuary’s plan for the next five years. The revised management plan was divided into five management areas including science, education, outreach and stewardship, enforcement and resource protection, resource threat reduction, and administration, community relations, and policy coordination. Within each management plan action plans were drafted that outline strategies and activities to accomplish goals [1]. Accomplishments achieved by both Monroe County and the Sanctuary since drafting the 1997 original comprehensive management plan include the institution of the WQPP, designation of the Sanctuary’s state waters as a No-Discharge Zone, and implementation of mooring buoys and channel markers throughout the Sanctuary. The WQPP has contributed data to Monroe County that assisted in the development of the Sanitary Wastewater Master Plan. The No-Discharge Zone has been effective in reducing wastewater effluent from vessels. Installation of mooring buoys and channel markers have been a joint project between the County and the Sanctuary, which has decreased damage to seagrass and coral reef communities [1]. 6. Coordinating strategies between the Sanctuary and Monroe County The overlapping goals of the management plans of the County and Sanctuary demonstrate the efforts of both agencies to achieve a common goal; however, the management plans are independent from one another because they are driven by separate agencies. Goals and strategies are outlined in both the 2005 Sanctuary Revised Management Plan and the Monroe County Year 2010 Comprehensive Plan. Both comprehensive plans outline general statements for continuing coordination efforts between the Sanctuary and the County as well as specific strategies for water quality improvements. There does not exist a unified master plan between the two agencies. The primary objective of the Water Quality Action Plan was to work with relevant state agencies and aid in development of
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wastewater and stormwater master plans for Monroe County as outlined in the Comprehensive Plan. Addressing stormwater discharge into Sanctuary waters was also a common goal of both master plans, in identification of Hot Spots and use of best management practices (BMP). Strategies to reduce discharge into coastal waters from marinas and live aboard boaters were outlined in the Marine Zoning Action Plan in the Sanctuary management plan and under Objective 202.4, of the Monroe County Year 2010 Comprehensive Plan. Improving circulation in canals across the county was outlined in the Sanctuary’s Water Quality Action Plan and in Monroe County’s comprehensive plan under wastewater and stormwater management plans. Aerial mosquito spraying, carried out by Monroe County during increases in mosquito populations, was a Sanctuary concern and recommendations for review of aerial spraying by the Florida Department of Agriculture and Consumer Services (FDACS) were included in the Water Quality Action Plan. The County also included review of spraying techniques under Objective 202.11 in its comprehensive plan. It stipulated that the Monroe County’s Mosquito Control Board together with the EPA and Sanctuary examines alternatives to aerial spraying. Furthermore, under Objective 202.1.5, the Department of Marine Resources was to communicate and collaborate with the Sanctuary. Likewise, in the Sanctuary’s Waterway Management Action Plan, formerly referred to as the Reef/Channel Marking Action Plan, the County was to assist in waterway management facilitated by the Waterway Management/Marking Working Group. Channel marking was to be improved and evaluated in terms of its effectiveness through the use of aerial photographs and vessel grounding database produced by the County. Inclusion of dealing with hazardous waste was included in Objective 202.13 of Monroe County’s comprehensive plan as well as the Sanctuary’s Hazardous Materials Strategies [14,1]. 6.1. Monroe County ordinances As stipulated in the Monroe County Year 2010 Comprehensive Plan, under Objective 202.4 entitled Conservation and Coastal Management, the County was to reduce water quality impacts of recreational boaters. In 2002, the state waters of the Florida Keys National Marine Sanctuary were declared a No-Discharge Zone (NDZ). State waters were designated no discharge by the response of Monroe County to a 1999 resolution made by the Water Quality Protection Program Steering Committee. The County responded by requesting that then Governor Jeb Bush petition the EPA to declare all state waters of the Sanctuary as NDZs. Under the NDZ, vessels are prohibited from discharging sewage into state waters. This also includes discharging sewage from Type 1 and 2 Marine Sanitation Devices (MSDs). NDZs are listed under section of the Clean Water Act. Failure to comply with the NDZ results in a 250 dollar fine. However, the waters of the Sanctuary include federal waters, and the National Oceanic and Atmospheric Administration is petitioning the EPA to designate all waters within the Sanctuary as an NDZ. There are currently 30 pump-out facilities throughout the Florida Keys. Charges for vessel pump-out range from 5 to 25 dollars, and this amount is considered reasonable and in some cases may be tax deductible for commercial vessels [17]. Monroe County is pursuing an ordinance that would require all marinas with more than ten slips to have a pump-out facility. The County has sought funding for marinas to install pump-out facilities and comply with regulations (George Garrett, personal communication, April, 11, 2007). It has mandated that mobile and stationary pumpout facilities be available at marinas with overnight or long-term docking [17]. The County has also pursued educational efforts in publishing The Upper Keys Boater Guide with the Florida Marine Research Institute that details where pump-out locations are throughout the Keys [1].
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6.2. Department coordination The Department of Marine Resources’ mission is to aid in the protection, conservation, and restoration of water quality and marine resources of the Keys consistent with the Monroe County Year 2010 Comprehensive Plan. A staff of 612 removes derelict vessels, preserves shallow marine resources, regulates speed zones, maintains navigational aids, and helps facilitate boater education on state and Sanctuary regulations. The staff attends Sanctuary Advisory Council meetings and Water Quality Protection Program meetings. The Department of Marine Resources’ director gives reports at SAC meetings and is a voting member. The Department Director serves on the WQPP Technical Advisory Council and WQPP Steering Committee [18]. In serving on both the WQPP Steering Committee and Technical Advisory Council, the Department assisted in the development of the Stormwater and Sanitary Wastewater Master Plans. For example, the Department provided 3.2 million dollars in EPA grant funding to the Little Venice wastewater treatment plant in Marathon for construction of the project. It has also obtained grant funding for other wastewater projects across the county. However, the Department has currently taken a lesser role in the project as it is now up to the wastewater districts and incorporated areas of Monroe County to implement centralized facilities in their area (George Garrett, personal communication, April 11, 2007). The Department of Marine Resources works closely with the Sanctuary in installing channel markers, as stipulated under the Sanctuary’s Waterway Management Action Plan [1]. Implementation of channel markers serves mainly to protect shallow habitats in the Sanctuary such as coral reefs and seagrass beds. Installation of regulatory markers for no-wake and speed zones within the Sanctuary is also done by the Department to support boating safety and prevent accidents as well as the protection of marine resources. Another responsibility of the Department of Marine Resources is to provide more mooring fields throughout areas of the Florida Keys. They plan where future sites will be located, and acquire funding. The Department also attends to derelict vessels across the Sanctuary that have run aground over coral reefs or seagrass beds. It receives assistance from NOAA in removal and grant funding from FEMA to remove vessels submerged after hurricanes. For example, during Hurricane Wilma, in 2005, the Department removed 500 vessels and 400,000 lobster traps (George Garrett, personal communication, April 11, 2007). The federal government’s assistance in funding the Department’s programs is an important part of collaborative efforts between the County and Sanctuary because the County lacks sufficient resources to achieve all aspects of its comprehensive master plan. The Sanctuary has an opportunity to improve collaboration by assisting Monroe County in communicating to boaters about the NDZ and ensuring marinas have adequate pump-out facilities. In cooperation with Monroe County and incorporated areas, the Department has assisted in purchasing facilities through grant funding to convert them into marinas with adequate pump-out facilities. In Marathon, facilities purchased by the Department will now be run by the City of Marathon that has succeeded in having adequate mobile and stationary pump-out services for both marinas and mooring fields. Under the Florida Clean Vessel Act, the Department was also able to purchase two pump-out service boats that can provide mobile pump-outs for more than 230 boats in mooring fields. Mobile pump-out service boats can collect up to 100,000 gallons of sewage from boats in mooring fields. In addition, the Department regularly airs commercials to educate boaters in the Keys that the state waters of the Sanctuary are NDZs (George Garrett, personal communication, April 11, 2007).
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7. Conclusion 7.1. Water quality Currently, progress is being made in Key Largo to implement the Sanitary Wastewater Master Plan through the efforts of the Key Largo Wastewater Treatment District, designated as a special district by the State of Florida in 2002. The District has completed phases in its plan and it is continuing to pursue the 2010 deadline. It is also expanding upon the facility that was formerly operated by the Ogden Company and is installing a deep-injection well to 950 m to serve all of unincorporated Key Largo [19,20]. The Villages of Islamorada continue to operate the wastewater facility in North Plantation Key and will construct an additional decentralized facility in Lower Matecumbe to accommodate 287 residents [21]. The Village may in the future connect its residents and commercial businesses to the Key Largo plant as a suggested option in the Sanitary Wastewater Master Plan [15]. They will also operate their own wastewater district to generate fees for completion of their wastewater facility. The Florida Keys Aqueduct Authority (FKAA) completed construction of the Little Venice facility in Marathon and a facility in Bay Point. They are currently constructing wastewater facilities throughout the Lower Keys. The City of Marathon will take over the Little Venice wastewater facility upon completion of five wastewater facilities throughout the city. The City of Layton completed construction of its central wastewater plant in August of 2006 in conjunction with the FKAA [21]. Stormwater Master Plans in the Village of Islamorada and the City of Key Colony Beach are currently ongoing. The Village will establish a stormwater assessment for the city and aggressively pursue funding for the project. The City of Key Colony Beach is retrofitting its stormwater outfalls into the bay. The City of Key West will also actively pursue stormwater management strategies for its densely populated areas [21]. Modifications to canals in the County have occurred in the Little Venice area and Key Largo. However, US 1 will remain a barrier to construction of canal improvement projects throughout the areas of the Florida Keys (Dr. Joseph Boyer, personal communication, April 12, 2007). The Mosquito Control Board now serves on the WQPP Steering Committee to aid in assessing contamination and minimize impacts. However, spraying is a small contribution to degraded water quality and improvements are difficult to determine (Dr. Brian Keller, personal communication, April 2, 2007). 7.2. No-Discharge Zone Even though boat discharge contributes only a small portion of nutrients to the Sanctuary, it has alleviated one potential source of pollution to nearshore waters. However, to improve compliance with the No-Discharge Zone the County, Coast Guard, Florida Fish and Wildlife Conservation Commission, and the Sanctuary need to monitor boat discharging and carry out more safety inspections to ensure boats have MSDs. The main impediment to ensuring compliance is the large area needed to be covered to monitor boats in Sanctuary as well as the limited number of enforcement personnel. Infrastructure in Key Largo and Islamorada could also improve to better serve boaters. Furthermore, the areas offshore of the Lower Keys and Key West are major anchorage sites and it is difficult to provide pump-out service to boats in these areas. The cost of pump-out service could be offset with grants from the Florida Clean Vessel Act. However, it is largely the unwillingness of boaters to pump out their holding tanks rather than the associated pump-out fee. The cost of pump-out may subside once the Sanitary Wastewater Master Plan is completed because the current costs are high due to haul-out fees from holding tanks at marinas that
cannot discharge the sewage into a centralized sewer. It is expected that with continued monitoring, enforcement, education, and adequate access to pump-out facilities boaters will comply with the NDZ. 7.3. Water quality protection program Although the institution of the WQPP was a joint effort on behalf of the Sanctuary and Monroe County, its communication efforts are limited to the WQPP Technical Advisory Council and the Sanctuary Advisory Council. Improvements in communicating monitoring data into a policy framework are important for continued cooperation between the Sanctuary and the County in achieving similar strategies. 7.4. Monroe County Since the inception of the FKNMS, coordination between the Sanctuary and Monroe County has made significant progress in achieving goals of both their comprehensive plans. However, the County’s achievements should not be lauded. The multiple failures of the Monroe County Comprehensive Plans demonstrate an overall lack of political will from the County. A report published by Barada and Partington in 1972 [22] described the harmful effects of canal construction in Florida. They concluded that narrow box cut canals with little allowance for water circulation would lead to low dissolved oxygen levels and fish kills. In addition, the combined inputs of sewage from septic tanks, stormwater runoff, and vessel discharge accelerate eutrophication. The report also concluded that no soils in the Florida Keys are suitable for septic tanks and neither was the discharge of package plants into canal waters. During construction of finger canals in the Keys, the Florida Department of Pollution Control (FDPC) issued a moratorium on canal construction in 1972, to access the effects of canal construction. The FDPC findings were similar to the publication issued by Barada and Partington. Subsequently, in 1985 and 1987, the Florida Department of Environmental Regulation (FDER) detected high nutrient values and violations in fecal coliform standards for the waters of the Florida Keys, which promoted their designation as Outstanding Florida Waters. Continued studies done from the late 1980s to 1990, by the FDER, found correlations between high tourist seasons and fecal coliform concentrations as well as in canals with high numbers of live aboard vessels [23]. However, it was not until a 1996 Phase II report by the WQPP that finally initiated action by Monroe County to include canal improvements, stormwater and wastewater master plans, and regulations of vessel discharge in the Monroe County Year 2010 Comprehensive Plan. The waters surrounding the County are expected to improve once the goals of the comprehensive plan are achieved, but it cannot reverse the decades of neglect by Monroe County and in part, the State of Florida. Efforts on behalf of Monroe County have been unsuccessful in the management of their natural resources as indicated by the failure of multiple Comprehensive Master Plans. The County did not adopt or fully initiate a comprehensive water quality management plan until the Sanctuary was created. For future management collaboration, Monroe County could concede authority to the Sanctuary in management of NDZs and waterways. The multiple capital improvement projects outlined in the Monroe County Year 2010 Comprehensive Plan will take a significant amount of County and municipal resources to achieve. By transferring authority to the Sanctuary, some of the management burden placed upon the County and municipalities could be alleviated, thereby allowing the County and municipalities to focus more efforts on land-based improvement projects. Furthermore, the Department of Marine Resources cannot effectively manage all waterways and marine waters surrounding the
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Florida Keys without substantial assistance. It should, however, maintain its role serving on the SAC and continue to provide financial assistance to waterway management by obtaining federal grants. The Florida Fish and Wildlife Conservation Commission and Coast Guard could also assist in providing more enforcement personnel to the Sanctuary in managing waterways and ensuring boater compliance. In the future, the federal government could provide more financial support to the County and municipalities for water quality improvement projects. Funding is a primary obstacle for most areas of Monroe County toward completion of Sanitary and Stormwater Wastewater Master Plans. Escalating costs of construction and collection system installation are the primary reasons for the lack of progress for wastewater projects across the Florida Keys. The lack of federal assistance has crippled Monroe County in reaching the 2010 deadline. Financial assistance from the Sanctuary could be achieved through grants to assist in wastewater and stormwater projects. Federal assistance could also assist the County and municipalities in improving canal infrastructure. Personnel from the FKNMS and representatives from the WQPP could be present at district or city community meetings to educate manager, board members, councilmen, and the community in the protection of coastal waters. It is vital to all projects that everyone is aware of the impact that wastewater has on the marine ecosystem, public health, and the Florida Keys economy, as well as the importance of benthic habitats. Extending water quality monitoring in the Sanctuary to nearshore waters could determine if wastewater projects are decreasing the presence of fecal coliform and improving the ecosystem. Acknowledgements I would like to thank Brain Keller of the Florida Keys National Marine Sanctuary, George Garret of Monroe County’s Department of Marine Resources, and Joseph Boyer of Florida International University for their valuable insight into the subject. References [1] Department of Commerce (DOC). Draft revised management plan for the Florida Keys National Marine Sanctuary. Silver Spring, MD: National Oceanic Atmospheric Administration; 2005. [2] Florida Legislature. Total county population: April 1970–2030. Office of Economic and Demographic Research; 2006.
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[3] Lapointe BE, Barile PJ, Matzie WR. Anthropogenic nutrient enrichment in the Lower Florida Keys: discrimination of local versus regional nitrogen sources. Journal of Experimental Marine Biology and Ecology 2004;308:23–58. [4] Keller BD, Causey BD. Linkages between the Florida Keys National Marine Sanctuary and the South Florida ecosystem restoration initiative. Ocean and Coastal Management 2005;48:869–900. [5] Dillon K, Burnett W, Kim G, Chanton J, Corbett RD, Elliot K. Groundwater flow and phosphate dynamics surrounding wastewater disposal well in the Florida Keys. Journal of Hydrology 2003;284:193–210. [6] Griggs EM, Kump LR, Bohlke JK. The fate of wastewater-derived nitrate in the subsurface of the Florida Keys: Key Colony Beach, Florida. Estuarine, Coastal and Shelf Science 2003;58:517–39. [7] Heikkila T, Gerlak AK. The formation of large-scale collaborative resource management institutions: clarifying the roles of stakeholders, science, and institutions. The Policy Studies Journal 2005;33(4):583–612. [8] Lubell M, Schneider M, Scholz JT, Mete M. Watershed partnerships and emergence of collective action institutions. American Journal of Political Science 2002;46(1):148–63. [9] Frontani HG. Conflicts in marine protected area management. Focus on Geography 2006;48(4):17–24. [10] Suman D, Shivlani M, Milon JW. Perceptions and attitudes regarding marine reserves: a comparison of stakeholder groups in the Florida Keys National Marine Sanctuary. Ocean and Coastal Management 1999;42:1019–40. [11] Department of Commerce (DOC). Final environmental impact statement/final management plan for the Florida Keys National Marine Sanctuary. Silver Spring, MD: National Oceanic Atmospheric Administration; 1996. [12] The Florida Keys National Marine Sanctuary and Protection Act of 1990. Pub. L. 101418. [13] Clarke A. Assessing the carrying capacity of the Florida Keys. Population and Environment 2002;23(4):405–18. [14] Board of County Commissioners (BOCC). Monroe County Year 2010 Comprehensive Plan. Available from:; 1996. [15] CH2M Hill. Monroe County Sanitary Wastewater Master Plan. Available from: ; 2007. [16] U.S. Army Corps of Engineers. Florida Keys water quality improvements program, program management plan (final). Jacksonville, FL: South Florida Water Management District; 2006. [17] Environmental Protection Agency. 40 CFR part 140; 2002. [18] Monroe County and the Florida Keys. Department of Marine Resources. Available from: ; 2007. [19] Key Largo Wastewater Treatment District (KLWTD). Facilities management plan. Available from: ; 2007. [20] Darden H. Wastewater in the Florida Keys: a call for stricter regulation of nonpoint source pollution. Journal of Land Use and Environmental Law 2000;16(2):199–224. [21] Department of Community Affairs (DCA). Florida Keys area of critical state concern; 2006. p. 1–24. [22] Barada W, Partington WM. Report of investigation of the environmental effects of private water front canals, Environmental Information Center. Winter Park, FL: Florida Conservation Foundation Inc.; 1972. p. 63. [23] Kruczynski WL, McManus F. Water quality concerns in the Florida Keys: sources, effects, and solutions. In: Porter JW, Porter KG, editors. The Everglades, Florida Bay, and coral reefs of the Florida Keys: an ecosystem sourcebook. Boca Raton, FL: CRC Press; 2002. p. 827–81.
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Coordination between Monroe County and the Florida Keys National Marine Sanctuary (FKNMS) K. Sleasman* Florida International University, Environmental Studies Department, 11200 S.W. 8th Street, Miami, FL 33199, USA
a r t i c l e i n f o
a b s t r a c t
Article history: Available online 23 September 2008
Preservation of marine habitats and water quality is paramount to the future economy of the Florida Keys. The Florida Keys National Marine Sanctuary (FKNMS) together with Monroe County have coordinated their actions to protect benthic habitats, improve water quality in the Sanctuary, and implement stormwater and wastewater infrastructure. Cooperation between the Sanctuary and Monroe County has resulted in the creation of No-Discharge Zones and public works projects both of which have succeeded in reducing pollutants into Sanctuary waters. Efforts to improve communication between the Sanctuary and County should still be made in order for improvements in water quality to be realized. Published by Elsevier Ltd.
1. Introduction Monroe County, Florida, is the southernmost county in the United States, comprised of a chain of calcium carbonate islands extending 220 miles southwest from the southern tip of the Florida peninsula. Expansive seagrass beds, mangroves, and delicate coral reefs lie within Monroe County’s boundaries, and over two-thirds are composed of clear tropical waters. Millions of tourists each year visit the Florida Keys to engage in a variety of water-related activities such as scuba diving, snorkeling, and recreational fishing. Tourism is the leading industry in the County which supports over half of the county’s 80,000 residents [1,2]. However, declining water quality threatens this billion dollar industry [3]. Sewage and stormwater infrastructure in the County has not kept pace with burgeoning population and tourism demands. Cesspits, septic tanks, and stormwater runoff deliver nutrients and chemicals into the county’s coastal waters [4]. Wastewater can arrive in canal and nearshore waters within hours due to the porous limestone bedrock throughout the Keys [5,6]. Furthermore, direct threats to sensitive habitats such as coral reefs and seagrass beds have occurred due to vessel groundings and propeller scarring. Over 30,000 acres of seagrass and 20 acres of coral reefs have been destroyed by vessels [1]. The natural resources surrounding the Florida Keys are vital to the State of Florida and local economies, and protection of these resources requires the cooperation of various government agencies with overlapping jurisdictions and authorities. The purpose of this paper is to demonstrate the efforts of Monroe County and the
* Tel.: þ1 202 564 7716; fax: þ1 202 564 4775. E-mail address: [email protected] 0964-5691/$ – see front matter Published by Elsevier Ltd. doi:10.1016/j.ocecoaman.2008.09.002
Florida Keys National Marine Sanctuary (FKNMS) to collaborate in the management of marine resources in the Florida Keys as exemplified in the development of comprehensive management plans.
2. Obstacles to collaborative management Coordination between the FKNMS and Monroe County demonstrates a collaborative management approach between various federal, regional, state, and local governmental agencies which are focused on improving water quality. Previous studies have revealed that collaborative resource management is successful in promoting public participation and encouraging a dialogue between stakeholder groups and government agencies [7]. Research has also revealed that intergovernmental partnerships have the ability to address large-scale management issues such as non-point source pollution and habitat destruction [8]. However, the development of collaborative management and forging intergovernmental relationships is difficult because different levels of government, stakeholder groups, and scientists must communicate with each other to manage a common-pool resource. Monroe County and the FKNMS share the waters surrounding the Florida Keys as a common-pool resource. Research indicates that when a common-pool resource is threatened various agencies and stakeholder groups are more likely to collaborate [7,8]. Notwithstanding the potential for collaboration and the existence of a common-pool resource, however, the citizens of Monroe County vehemently opposed the Sanctuary’s creation. Specifically, in 1996, a group of citizens in Monroe County placed an anti-Sanctuary referendum on the ballot, which the citizens endorsed [9]. Commercial fishermen, real-estate groups, treasure
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hunters, and residents opposed the creation of the Sanctuary and voted for the referendum because they feared that the federal government would regulate local interests [10]. Despite the opposition from Monroe County citizens, the Sanctuary was nevertheless created by an Act of Congress [1,9]. Creation of the Sanctuary presented an early obstacle to collaborative management between Monroe County and the federal government. The first obstacle facing collaborative management efforts was the division of management authority between Monroe County and the Sanctuary. By sharing a common-pool resource, there is an inevitable overlap in jurisdiction regarding the development of comprehensive management plans for water quality programs. Monroe County extends beyond Florida Bay to the north of the Florida Keys into Everglades National Park, whereas the Sanctuary is limited to the waters surrounding the Florida Keys and Dry Tortugas. Monroe County controls a larger area of the waters surrounding the Florida Keys and manages sensitive land habitat across a fragmented area. However, the development of Monroe County’s management plan was guided by the State of Florida and the Sanctuary’s was guided by the federal government. In addition, Monroe County’s management plan involved a myriad of land and water capital improvement projects mandated by the State of Florida which the County must complete them by a 2010 deadline. The Sanctuary’s management plan was also complex and involved a wide range of objectives. To overcome these obstacles the local and federal government must resolve the issue of conflicting authority because the success of each respective management plan is dependent upon the reduction of non-point source pollution. Table 1 describes the federal, state, and local agencies included in the management of the Florida Keys water quality as well as each agency’s respective authorities’ jurisdiction and geographic areas. 3. Florida Keys National Marine Sanctuary Throughout the 1980s the marine habitats in the Florida Keys faced a myriad of threats including vessel groundings, seagrass dieoffs, loss of coral cover, poor water quality, and decreased fish populations [1,4]. Mounting threats provoked Congress to enact the Florida Keys National Marine Sanctuary and Protection Act (FKNMS) in 1990, thereby establishing the Florida Keys National Marine Sanctuary. Within the Act, Congress prescribed specific actions to be developed unique to the Florida Keys National Marine Sanctuary [1]. The Sanctuary is administered by the National Oceanic and Atmospheric Administration (NOAA) and the State of Florida assists in management with the Florida Department of Environmental Protection (FDEP). In 1996, an Interagency Compact Agreement was developed by NOAA and the State of Florida to ensure coordination between federal, state, and local agencies. The purpose of the agreement was to promote cooperation between federal, state, and local agencies in all aspects of management including enforcement, fisheries management, permitting, emergency response, and civil claims [11]. As mandated by the Act, a comprehensive management plan for the Sanctuary was developed in 1997, to protect the resources of the Florida Keys by managing human uses, restricting potentially harmful activities, and facilitating coordination between federal, state, and local government. Management of human uses was to be enforced through regulations and specific zoning throughout the Sanctuary to limit conflict between user groups. Comprehensive protection of the ecosystem surrounding the Florida Keys also included restricting vessel traffic and no leasing, exploration, development, or production of minerals or hydrocarbons is permitted. The Secretary of Commerce in conjunction with federal, state, and local governments and with a Sanctuary Advisory Council (SAC) also assisted with the development of the comprehensive
management plan for the Sanctuary, which included ten action plans. As stipulated by Congress and drafted in the 1997 management plan, the Sanctuary must also submit a five-year review in order to evaluate progress and make recommendations for future management goals. Furthermore, the status and trends of water quality, seagrass beds, and coral reef habitats should be continually monitored and identification of priority needs communicated to the EPA, advisory councils, and Monroe County [12,1]. Congress established the Water Quality Protection Program (WQPP) under the Florida Keys National Marine Sanctuary and Protection Act that recognized the vital importance of water quality to the Sanctuary. Under the designation of the WQPP, the Environmental Protection Agency (EPA) together with the Florida Department of Environmental Protection and the Secretary of Commerce developed a comprehensive management plan for water quality. This plan addresses point and non-point source pollutants and identifies corrective actions and compliance. Pollution control measures were instituted for Sanctuary waters and water quality standards across the Sanctuary guide enforcement. In addition, a Water Quality Steering Committee includes individuals from federal agencies, the Florida Department of Community Affairs, the South Florida Water Management District, the Florida Keys Aqueduct Authority (FKAA), three individuals in local government in the Florida Keys, and three citizens. Monroe County’s and FKAA’s seats on the Water Quality Steering Committee represent an effort on behalf of the federal government to incorporate local and private interests into the Sanctuary’s water quality programs. Congress receives biennial reports drafted by the committee concerning progress, modification, and recommendations for water quality in the Sanctuary. A Technical Advisory Committee oversees scientific research composed of members from federal and state agencies, academic institutions, and non-profit organizations. The EPA appoints a Florida Keys Liaison Officer that also communicates with federal agencies, state and local authorities concerning improvement of water quality in the Sanctuary [12]. Educational outreach to state and local authorities represents another effort on behalf of the federal government to involve the local community. The creation of SAC exemplifies an effort to incorporate the local government into drafting management and action plans for the Sanctuary. However, the local government may serve on the council but discussions are limited to Sanctuary action plans. The Sanctuary Advisory Council (SAC) assists in the development of comprehensive management plans for the Sanctuary as well. Members of the SAC include sanctuary managers, overlapping government agencies, Monroe County commissioners, and representatives with vested local interests such as conservation groups, scientists, and recreational groups. An elected chairperson position establishes laws, rules, and procedures for administration and functions of the Sanctuary and only voting members of the board can cast their vote for amendments [12]. Responsibilities of the SAC also include informing the public of the value of National Marine Sanctuaries, assisting in development and evaluation of action plans, and it serves as a liaison to the local community by holding monthly meetings open to the public [12]. 4. Monroe County Year 2010 Comprehensive Plan The Florida Keys and its delicate habitats are located entirely within Monroe County. However, the County’s efforts to protect their natural resources have frequently come under criticism by the State of Florida [13]. In 1974, the state of Florida recognized the Florida Keys as an ‘‘Area of Critical State Concern,’’ that warranted protection. Subsequently, Monroe County land use was under strict regulation by the State of Florida, and as a result the County issued a Comprehensive Master Plan in 1986 to comply with the
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Table 1 Federal, state, local, and private interests involved in water quality Agency
Authority
Responsibilities
Water quality in the Florida Keys
Geographic area
National Oceanic and Atmospheric Administration (NOAA) Florida Keys National Marine Sanctuary (FKNMS) (Federal) Environmental Protection Agency (EPA) (Federal)
-
enforcement fisheries permitting emergency response - civil claims
- manage human use - ecosystem management - coordinate federal, state, and local interests - monitor water quality
- Water Quality Protection Program (WQPP) - Sanctuary Advisory Council (SAC) - Management of No-Discharge Zone (NDZ) for State waters - Waterway management - Sanitary Wastewater Master Plan
Limited to 2800 square miles of the FKNMS includes state and federal waters
- financial assistance - research - regulation development - enforcement - permitting of wastewater treatment plants
- program development within the Sanctuary
- WQPP - appointment of Florida Keys Liaison Officer
Limited to 2800 square miles of the FKNMS includes state and federal waters
- WQPP
Monroe County and adjacent areas
- WQPP - Sanitary Wastewater Master Plan
Monroe County and adjacent areas
- WQPP Water Quality Steering Committee - Sanitary Wastewater Master Plan
Monroe County and adjacent areas
State of Florida Department of Environmental Protection (FDEP) (State)
State of Florida Department of Health (FDOH)
- enforcement
State of Florida Department of Community Affairs (DCA) (State) Florida Fish and Wildlife Conservation Commission South Florida Water Management District (SFWMD) (Regional State) Monroe County (Local Government)
- ensure compliance with State of Florida statutes
- management of Florida state parks in Monroe County - land conservation - cultural and historical preservation - inspection of wastewater treatment plants and assures compliance with state regulations - health outreach and promotion - disease prevention - inspection and abandonment of septic tanks - community planning - housing and community development - emergency management
- enforcement
- management of NDZ
- WQPP - SAC - NDZ
- FKNMS
- assist in management of the FKNMS
- program development for the FKNMS
- WQPP Water Quality Steering Committee
- Monroe County and adjacent areas - FKNMS
- enforcement - implementation of county ordinances to protect county water quality and FKNMS - regulation development - enforcement - regulation development - collect user fees - collect user fees
- protection of county natural resources
-
Limited to municipalities or 3737 square miles of Monroe County (land and marine including all of Florida Bay)
- Monroe County Year 2010 Master Plan
- Sanitary Wastewater Master Plan - Stormwater Master Plan - Management of NDZ
Limited to their incorporated areas with exception of Key Largo wastewater treatment district
- provide drinking water and wastewater services to the Lower Keys
- WQPP Water Quality Steering Committee - Sanitary Wastewater Master Plan - Stormwater Master Plan
Limited to 850 square miles of Lower Keys
Municipalities (Local Government)
Florida Keys Aqueduct Authority (FKAA) (Private)
restriction on building permits. The State found flaws in the master plan regarding rate of growth ordinances, and the County redrafted it and resubmitted another master plan, the Monroe County Master Plan Year 2010 in 1991. The new master plan failed approval by the State as well as a redrafted plan submitted in 1993. The State found fault in the County’s hurricane evacuation routes and development impacts on the County’s natural resources. As a result of the
WQPP Steering Committee SAC Sanitary Wastewater Master Plan Stormwater Master Plan Department of Marine Resources Management of NDZ
County’s failures, the Florida Administrative Commission (FAC) and Governor Chiles issued Executive Order Number 96-108, in 1996, requiring a carrying capacity study and heightened protection of nearshore waters, seagrass habitats, and Key deer [13]. The creation of the Monroe County Year 2010 Comprehensive Plan represents an ambitious endeavor by the part of the County. The numerous improvement projects outlined in the County’s
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management plan involve will require much of the County’s resources. State and federal assistance in completion of the plans is essential to their success. The Monroe County Year 2010 Comprehensive Plan adopted by the Board of County Commissioners under Rule 9J-5 of the FAC is divided into three documents [14]. The Technical Document provides supporting data for elements of the plan. The Policy Document includes goals, objectives, and policies for each element outlined in the plan as well as a capital improvement implementation program and the Comprehensive Plan monitoring and evaluation procedure. Critical elements of the plan include affordable housing, water quality, hurricane evacuation routes, and habitat protection. The Map Atlas contains maps of existing land use, natural features of the County, existing transportation, and future land use and transportation [14]. 4.1. FKNMS influence in development of the Monroe County Year 2010 Comprehensive Plan Within the Monroe County Year 2010 Comprehensive plan under Objective 202.1 the County was to assist in the development of the Water Quality Protection Program in aspects of both Phase I and Phase II. Phase I relationships between water quality and marine habitats were to be drawn to set the impetus for County and Sanctuary action. Water quality standards and implementation of Best Management Practices were to be amended by the County during Phase II. In 1992, the EPA submitted a report to Congress entitled Water Quality Protection Program for the Florida Keys National Marine Sanctuary; Phase 1 Report. In the report 84 hot spots across the Sanctuary were identified as having degraded water quality. Following the report, the Water Quality Protection Steering Committee expanded the list in 1996, to include an additional 4 Hot Spots based on degraded sites specifically related to wastewater. In response to issues raised by the Water Quality Protection Committee, Monroe County included a mandate in the Monroe County Year 2010 Comprehensive Plan, under Objective 901.1.1, to reduce nutrient loading for non-point sources into the waters of the Sanctuary by eliminating cesspits, septic tanks, and other poorly functioning wastewater treatment plants. The Sanitary Wastewater Master Plan also called for implementation of regional wastewater treatment facilities in Key Largo, Islamorada, Marathon, Big Pine Key, Cudjoe Key, Big Coppitt, and Stock Island [14,15]. The institution of the Sanitary Wastewater Master Plan represents coordination between federal, state, local, and community interests. The Department of Community Affairs requested that federal, state, and local agencies assist in completion of the plan, specifically the Florida Keys National Marine Sanctuary’s Water Quality Protection Program’s Steering Committee. The WQPP coordinated with all agencies in completion of the water quality, wastewater, and stormwater master plans. Public education and outreach continue to be vital components in completion of the plan. For instance, public involvement in identification of cesspits and abandonment of septic tanks with assistance from the State Department of Health and the WQPP Steering Committee was achieved in the first phase of the Plan [14]. Following institution of the Monroe County Year 2010 Comprehensive Plan, the State of Florida set effluent standards for wastewater treatment systems in the Keys to include best available technology (BAT) for plants operating below 100,000 gallons a day and advanced wastewater treatment (AWT) for plants operating at over 100,000 gallons per day [16]. In 1999, Monroe County drafted a document entitled Water Quality ‘Hotspots’ in the Florida Keys: Evaluations for Stormwater Contributions. In this report the County identified sites throughout the Keys that have significant stormwater-related problems contributing to degraded water quality [16]. The Stormwater Master Plan for Monroe County, under Objective 1001.1.1, was put in
place to examine current drainage areas throughout the County and evaluate issues related to stormwater and impact on water quality. It also identified deficiencies in areas throughout the County and made recommendations it install drainage areas for future development. The plan was developed to coincide with the Sanitary Wastewater Management Plan [14]. The collaboration between the Sanctuary and the County in the creation of WQPP represents a concerted effort on behalf of both agencies to work together to achieve a common goal of improving water quality, especially in the County’s effort to curb non-point source pollution. Without this collaboration water quality in the Sanctuary would continue to degrade because of Monroe County’s lack of movement toward sufficient sewage and stormwater infrastructure. However, the Sanctuary served only in the development of the County’s Sanitary Wastewater and Stormwater Management Plan, the Sanctuary does not play a role in implementation because the Sanctuary’s authority is restricted to the water surrounding the Florida Keys. Special districts, private interests, and cities in Monroe County must take on the role of achieving the goals of the Sanitary and Stormwater Management Plans. 5. Florida Keys National Marine Sanctuary management plan In 2001, the SAC and staff members of the FKNMS submitted a revised management plan for public comment, and amended action plans were presented during SAC meetings. The final management plan was submitted in 2005, outlining accomplishments over the period of its first inception and management activities [1]. This management plan would serve as the Sanctuary’s plan for the next five years. The revised management plan was divided into five management areas including science, education, outreach and stewardship, enforcement and resource protection, resource threat reduction, and administration, community relations, and policy coordination. Within each management plan action plans were drafted that outline strategies and activities to accomplish goals [1]. Accomplishments achieved by both Monroe County and the Sanctuary since drafting the 1997 original comprehensive management plan include the institution of the WQPP, designation of the Sanctuary’s state waters as a No-Discharge Zone, and implementation of mooring buoys and channel markers throughout the Sanctuary. The WQPP has contributed data to Monroe County that assisted in the development of the Sanitary Wastewater Master Plan. The No-Discharge Zone has been effective in reducing wastewater effluent from vessels. Installation of mooring buoys and channel markers have been a joint project between the County and the Sanctuary, which has decreased damage to seagrass and coral reef communities [1]. 6. Coordinating strategies between the Sanctuary and Monroe County The overlapping goals of the management plans of the County and Sanctuary demonstrate the efforts of both agencies to achieve a common goal; however, the management plans are independent from one another because they are driven by separate agencies. Goals and strategies are outlined in both the 2005 Sanctuary Revised Management Plan and the Monroe County Year 2010 Comprehensive Plan. Both comprehensive plans outline general statements for continuing coordination efforts between the Sanctuary and the County as well as specific strategies for water quality improvements. There does not exist a unified master plan between the two agencies. The primary objective of the Water Quality Action Plan was to work with relevant state agencies and aid in development of
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wastewater and stormwater master plans for Monroe County as outlined in the Comprehensive Plan. Addressing stormwater discharge into Sanctuary waters was also a common goal of both master plans, in identification of Hot Spots and use of best management practices (BMP). Strategies to reduce discharge into coastal waters from marinas and live aboard boaters were outlined in the Marine Zoning Action Plan in the Sanctuary management plan and under Objective 202.4, of the Monroe County Year 2010 Comprehensive Plan. Improving circulation in canals across the county was outlined in the Sanctuary’s Water Quality Action Plan and in Monroe County’s comprehensive plan under wastewater and stormwater management plans. Aerial mosquito spraying, carried out by Monroe County during increases in mosquito populations, was a Sanctuary concern and recommendations for review of aerial spraying by the Florida Department of Agriculture and Consumer Services (FDACS) were included in the Water Quality Action Plan. The County also included review of spraying techniques under Objective 202.11 in its comprehensive plan. It stipulated that the Monroe County’s Mosquito Control Board together with the EPA and Sanctuary examines alternatives to aerial spraying. Furthermore, under Objective 202.1.5, the Department of Marine Resources was to communicate and collaborate with the Sanctuary. Likewise, in the Sanctuary’s Waterway Management Action Plan, formerly referred to as the Reef/Channel Marking Action Plan, the County was to assist in waterway management facilitated by the Waterway Management/Marking Working Group. Channel marking was to be improved and evaluated in terms of its effectiveness through the use of aerial photographs and vessel grounding database produced by the County. Inclusion of dealing with hazardous waste was included in Objective 202.13 of Monroe County’s comprehensive plan as well as the Sanctuary’s Hazardous Materials Strategies [14,1]. 6.1. Monroe County ordinances As stipulated in the Monroe County Year 2010 Comprehensive Plan, under Objective 202.4 entitled Conservation and Coastal Management, the County was to reduce water quality impacts of recreational boaters. In 2002, the state waters of the Florida Keys National Marine Sanctuary were declared a No-Discharge Zone (NDZ). State waters were designated no discharge by the response of Monroe County to a 1999 resolution made by the Water Quality Protection Program Steering Committee. The County responded by requesting that then Governor Jeb Bush petition the EPA to declare all state waters of the Sanctuary as NDZs. Under the NDZ, vessels are prohibited from discharging sewage into state waters. This also includes discharging sewage from Type 1 and 2 Marine Sanitation Devices (MSDs). NDZs are listed under section of the Clean Water Act. Failure to comply with the NDZ results in a 250 dollar fine. However, the waters of the Sanctuary include federal waters, and the National Oceanic and Atmospheric Administration is petitioning the EPA to designate all waters within the Sanctuary as an NDZ. There are currently 30 pump-out facilities throughout the Florida Keys. Charges for vessel pump-out range from 5 to 25 dollars, and this amount is considered reasonable and in some cases may be tax deductible for commercial vessels [17]. Monroe County is pursuing an ordinance that would require all marinas with more than ten slips to have a pump-out facility. The County has sought funding for marinas to install pump-out facilities and comply with regulations (George Garrett, personal communication, April, 11, 2007). It has mandated that mobile and stationary pumpout facilities be available at marinas with overnight or long-term docking [17]. The County has also pursued educational efforts in publishing The Upper Keys Boater Guide with the Florida Marine Research Institute that details where pump-out locations are throughout the Keys [1].
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6.2. Department coordination The Department of Marine Resources’ mission is to aid in the protection, conservation, and restoration of water quality and marine resources of the Keys consistent with the Monroe County Year 2010 Comprehensive Plan. A staff of 612 removes derelict vessels, preserves shallow marine resources, regulates speed zones, maintains navigational aids, and helps facilitate boater education on state and Sanctuary regulations. The staff attends Sanctuary Advisory Council meetings and Water Quality Protection Program meetings. The Department of Marine Resources’ director gives reports at SAC meetings and is a voting member. The Department Director serves on the WQPP Technical Advisory Council and WQPP Steering Committee [18]. In serving on both the WQPP Steering Committee and Technical Advisory Council, the Department assisted in the development of the Stormwater and Sanitary Wastewater Master Plans. For example, the Department provided 3.2 million dollars in EPA grant funding to the Little Venice wastewater treatment plant in Marathon for construction of the project. It has also obtained grant funding for other wastewater projects across the county. However, the Department has currently taken a lesser role in the project as it is now up to the wastewater districts and incorporated areas of Monroe County to implement centralized facilities in their area (George Garrett, personal communication, April 11, 2007). The Department of Marine Resources works closely with the Sanctuary in installing channel markers, as stipulated under the Sanctuary’s Waterway Management Action Plan [1]. Implementation of channel markers serves mainly to protect shallow habitats in the Sanctuary such as coral reefs and seagrass beds. Installation of regulatory markers for no-wake and speed zones within the Sanctuary is also done by the Department to support boating safety and prevent accidents as well as the protection of marine resources. Another responsibility of the Department of Marine Resources is to provide more mooring fields throughout areas of the Florida Keys. They plan where future sites will be located, and acquire funding. The Department also attends to derelict vessels across the Sanctuary that have run aground over coral reefs or seagrass beds. It receives assistance from NOAA in removal and grant funding from FEMA to remove vessels submerged after hurricanes. For example, during Hurricane Wilma, in 2005, the Department removed 500 vessels and 400,000 lobster traps (George Garrett, personal communication, April 11, 2007). The federal government’s assistance in funding the Department’s programs is an important part of collaborative efforts between the County and Sanctuary because the County lacks sufficient resources to achieve all aspects of its comprehensive master plan. The Sanctuary has an opportunity to improve collaboration by assisting Monroe County in communicating to boaters about the NDZ and ensuring marinas have adequate pump-out facilities. In cooperation with Monroe County and incorporated areas, the Department has assisted in purchasing facilities through grant funding to convert them into marinas with adequate pump-out facilities. In Marathon, facilities purchased by the Department will now be run by the City of Marathon that has succeeded in having adequate mobile and stationary pump-out services for both marinas and mooring fields. Under the Florida Clean Vessel Act, the Department was also able to purchase two pump-out service boats that can provide mobile pump-outs for more than 230 boats in mooring fields. Mobile pump-out service boats can collect up to 100,000 gallons of sewage from boats in mooring fields. In addition, the Department regularly airs commercials to educate boaters in the Keys that the state waters of the Sanctuary are NDZs (George Garrett, personal communication, April 11, 2007).
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7. Conclusion 7.1. Water quality Currently, progress is being made in Key Largo to implement the Sanitary Wastewater Master Plan through the efforts of the Key Largo Wastewater Treatment District, designated as a special district by the State of Florida in 2002. The District has completed phases in its plan and it is continuing to pursue the 2010 deadline. It is also expanding upon the facility that was formerly operated by the Ogden Company and is installing a deep-injection well to 950 m to serve all of unincorporated Key Largo [19,20]. The Villages of Islamorada continue to operate the wastewater facility in North Plantation Key and will construct an additional decentralized facility in Lower Matecumbe to accommodate 287 residents [21]. The Village may in the future connect its residents and commercial businesses to the Key Largo plant as a suggested option in the Sanitary Wastewater Master Plan [15]. They will also operate their own wastewater district to generate fees for completion of their wastewater facility. The Florida Keys Aqueduct Authority (FKAA) completed construction of the Little Venice facility in Marathon and a facility in Bay Point. They are currently constructing wastewater facilities throughout the Lower Keys. The City of Marathon will take over the Little Venice wastewater facility upon completion of five wastewater facilities throughout the city. The City of Layton completed construction of its central wastewater plant in August of 2006 in conjunction with the FKAA [21]. Stormwater Master Plans in the Village of Islamorada and the City of Key Colony Beach are currently ongoing. The Village will establish a stormwater assessment for the city and aggressively pursue funding for the project. The City of Key Colony Beach is retrofitting its stormwater outfalls into the bay. The City of Key West will also actively pursue stormwater management strategies for its densely populated areas [21]. Modifications to canals in the County have occurred in the Little Venice area and Key Largo. However, US 1 will remain a barrier to construction of canal improvement projects throughout the areas of the Florida Keys (Dr. Joseph Boyer, personal communication, April 12, 2007). The Mosquito Control Board now serves on the WQPP Steering Committee to aid in assessing contamination and minimize impacts. However, spraying is a small contribution to degraded water quality and improvements are difficult to determine (Dr. Brian Keller, personal communication, April 2, 2007). 7.2. No-Discharge Zone Even though boat discharge contributes only a small portion of nutrients to the Sanctuary, it has alleviated one potential source of pollution to nearshore waters. However, to improve compliance with the No-Discharge Zone the County, Coast Guard, Florida Fish and Wildlife Conservation Commission, and the Sanctuary need to monitor boat discharging and carry out more safety inspections to ensure boats have MSDs. The main impediment to ensuring compliance is the large area needed to be covered to monitor boats in Sanctuary as well as the limited number of enforcement personnel. Infrastructure in Key Largo and Islamorada could also improve to better serve boaters. Furthermore, the areas offshore of the Lower Keys and Key West are major anchorage sites and it is difficult to provide pump-out service to boats in these areas. The cost of pump-out service could be offset with grants from the Florida Clean Vessel Act. However, it is largely the unwillingness of boaters to pump out their holding tanks rather than the associated pump-out fee. The cost of pump-out may subside once the Sanitary Wastewater Master Plan is completed because the current costs are high due to haul-out fees from holding tanks at marinas that
cannot discharge the sewage into a centralized sewer. It is expected that with continued monitoring, enforcement, education, and adequate access to pump-out facilities boaters will comply with the NDZ. 7.3. Water quality protection program Although the institution of the WQPP was a joint effort on behalf of the Sanctuary and Monroe County, its communication efforts are limited to the WQPP Technical Advisory Council and the Sanctuary Advisory Council. Improvements in communicating monitoring data into a policy framework are important for continued cooperation between the Sanctuary and the County in achieving similar strategies. 7.4. Monroe County Since the inception of the FKNMS, coordination between the Sanctuary and Monroe County has made significant progress in achieving goals of both their comprehensive plans. However, the County’s achievements should not be lauded. The multiple failures of the Monroe County Comprehensive Plans demonstrate an overall lack of political will from the County. A report published by Barada and Partington in 1972 [22] described the harmful effects of canal construction in Florida. They concluded that narrow box cut canals with little allowance for water circulation would lead to low dissolved oxygen levels and fish kills. In addition, the combined inputs of sewage from septic tanks, stormwater runoff, and vessel discharge accelerate eutrophication. The report also concluded that no soils in the Florida Keys are suitable for septic tanks and neither was the discharge of package plants into canal waters. During construction of finger canals in the Keys, the Florida Department of Pollution Control (FDPC) issued a moratorium on canal construction in 1972, to access the effects of canal construction. The FDPC findings were similar to the publication issued by Barada and Partington. Subsequently, in 1985 and 1987, the Florida Department of Environmental Regulation (FDER) detected high nutrient values and violations in fecal coliform standards for the waters of the Florida Keys, which promoted their designation as Outstanding Florida Waters. Continued studies done from the late 1980s to 1990, by the FDER, found correlations between high tourist seasons and fecal coliform concentrations as well as in canals with high numbers of live aboard vessels [23]. However, it was not until a 1996 Phase II report by the WQPP that finally initiated action by Monroe County to include canal improvements, stormwater and wastewater master plans, and regulations of vessel discharge in the Monroe County Year 2010 Comprehensive Plan. The waters surrounding the County are expected to improve once the goals of the comprehensive plan are achieved, but it cannot reverse the decades of neglect by Monroe County and in part, the State of Florida. Efforts on behalf of Monroe County have been unsuccessful in the management of their natural resources as indicated by the failure of multiple Comprehensive Master Plans. The County did not adopt or fully initiate a comprehensive water quality management plan until the Sanctuary was created. For future management collaboration, Monroe County could concede authority to the Sanctuary in management of NDZs and waterways. The multiple capital improvement projects outlined in the Monroe County Year 2010 Comprehensive Plan will take a significant amount of County and municipal resources to achieve. By transferring authority to the Sanctuary, some of the management burden placed upon the County and municipalities could be alleviated, thereby allowing the County and municipalities to focus more efforts on land-based improvement projects. Furthermore, the Department of Marine Resources cannot effectively manage all waterways and marine waters surrounding the
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Florida Keys without substantial assistance. It should, however, maintain its role serving on the SAC and continue to provide financial assistance to waterway management by obtaining federal grants. The Florida Fish and Wildlife Conservation Commission and Coast Guard could also assist in providing more enforcement personnel to the Sanctuary in managing waterways and ensuring boater compliance. In the future, the federal government could provide more financial support to the County and municipalities for water quality improvement projects. Funding is a primary obstacle for most areas of Monroe County toward completion of Sanitary and Stormwater Wastewater Master Plans. Escalating costs of construction and collection system installation are the primary reasons for the lack of progress for wastewater projects across the Florida Keys. The lack of federal assistance has crippled Monroe County in reaching the 2010 deadline. Financial assistance from the Sanctuary could be achieved through grants to assist in wastewater and stormwater projects. Federal assistance could also assist the County and municipalities in improving canal infrastructure. Personnel from the FKNMS and representatives from the WQPP could be present at district or city community meetings to educate manager, board members, councilmen, and the community in the protection of coastal waters. It is vital to all projects that everyone is aware of the impact that wastewater has on the marine ecosystem, public health, and the Florida Keys economy, as well as the importance of benthic habitats. Extending water quality monitoring in the Sanctuary to nearshore waters could determine if wastewater projects are decreasing the presence of fecal coliform and improving the ecosystem. Acknowledgements I would like to thank Brain Keller of the Florida Keys National Marine Sanctuary, George Garret of Monroe County’s Department of Marine Resources, and Joseph Boyer of Florida International University for their valuable insight into the subject. References [1] Department of Commerce (DOC). Draft revised management plan for the Florida Keys National Marine Sanctuary. Silver Spring, MD: National Oceanic Atmospheric Administration; 2005. [2] Florida Legislature. Total county population: April 1970–2030. Office of Economic and Demographic Research; 2006.
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[3] Lapointe BE, Barile PJ, Matzie WR. Anthropogenic nutrient enrichment in the Lower Florida Keys: discrimination of local versus regional nitrogen sources. Journal of Experimental Marine Biology and Ecology 2004;308:23–58. [4] Keller BD, Causey BD. Linkages between the Florida Keys National Marine Sanctuary and the South Florida ecosystem restoration initiative. Ocean and Coastal Management 2005;48:869–900. [5] Dillon K, Burnett W, Kim G, Chanton J, Corbett RD, Elliot K. Groundwater flow and phosphate dynamics surrounding wastewater disposal well in the Florida Keys. Journal of Hydrology 2003;284:193–210. [6] Griggs EM, Kump LR, Bohlke JK. The fate of wastewater-derived nitrate in the subsurface of the Florida Keys: Key Colony Beach, Florida. Estuarine, Coastal and Shelf Science 2003;58:517–39. [7] Heikkila T, Gerlak AK. The formation of large-scale collaborative resource management institutions: clarifying the roles of stakeholders, science, and institutions. The Policy Studies Journal 2005;33(4):583–612. [8] Lubell M, Schneider M, Scholz JT, Mete M. Watershed partnerships and emergence of collective action institutions. American Journal of Political Science 2002;46(1):148–63. [9] Frontani HG. Conflicts in marine protected area management. Focus on Geography 2006;48(4):17–24. [10] Suman D, Shivlani M, Milon JW. Perceptions and attitudes regarding marine reserves: a comparison of stakeholder groups in the Florida Keys National Marine Sanctuary. Ocean and Coastal Management 1999;42:1019–40. [11] Department of Commerce (DOC). Final environmental impact statement/final management plan for the Florida Keys National Marine Sanctuary. Silver Spring, MD: National Oceanic Atmospheric Administration; 1996. [12] The Florida Keys National Marine Sanctuary and Protection Act of 1990. Pub. L. 101418. [13] Clarke A. Assessing the carrying capacity of the Florida Keys. Population and Environment 2002;23(4):405–18. [14] Board of County Commissioners (BOCC). Monroe County Year 2010 Comprehensive Plan. Available from: