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US (United States) Code. Title 16. Chapter 32: Marine sanctuaries

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-CITE-

16 USC CHAPTER 32 - MARINE SANCTUARIES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

CHAPTER 32 - MARINE SANCTUARIES

-MISC1-

Sec.

1431. Findings, purposes, and policies; establishment of system.

(a) Findings.

(b) Purposes and policies.

1432. Definitions.

1433. Sanctuary designation standards.

(a) Standards.

(b) Factors and consultations required in making

determinations and findings.

1434. Procedures for designation and implementation.

(a) Sanctuary proposal.

(b) Taking effect of designations.

(d) Interagency cooperation.

(e) Review of management plans.

(f) Limitation on designation of new sanctuaries.

1435. Application of regulations; international negotiations and

cooperation.

(a) Regulations.

(b) Negotiations.

1436. Prohibited activities.

1437. Enforcement.

(a) In general.

(b) Powers of authorized officers.

(d) Civil penalties.

(e) Forfeiture.

(f) Payment of storage, care, and other costs.

(g) Subpoenas.

(h) Use of resources of State and other Federal

agencies.

(i) Coast Guard authority not limited.

(j) Injunctive relief.

(k) Area of application and enforceability.

(l) Nationwide service of process.

1438. Repealed.

1439. Regulations.

1440. Research, monitoring, and education.

(a) In general.

(b) Research and monitoring.

(d) Interpretive facilities.

(e) Consultation and coordination.

1441. Special use permits.

(a) Issuance of permits.

(b) Public notice required.

(d) Fees.

(e) Violations.

(f) Reports.

(g) Fishing.

1442. Cooperative agreements, donations, and acquisitions.

(a) Agreements and grants.

(b) Authorization to solicit donations.

(d) Acquisitions.

(e) Use of resources of other government agencies.

(f) Authority to obtain grants.

1443. Destruction or loss of, or injury to, sanctuary resources.

(a) Liability.

(b) Response actions and damage assessment.

(d) Use of recovered amounts.

(e) Statute of limitations.

1444. Authorization of appropriations.

1445. U.S.S. Monitor artifacts and materials.

(a) Congressional policy.

(b) Disclaimer.

1445a. Advisory Councils.

(a) Establishment.

(b) Membership.

(d) Staffing and assistance.

(e) Public participation and procedural matters.

1445b. Enhancing support for national marine sanctuaries.

(a) Authority.

(b) Contract authority.

(d) Property of United States.

(e) Prohibited activities.

(f) Collaborations.

(g) Authorization for non-profit partner organization

to solicit sponsors.

1445c. Dr. Nancy Foster Scholarship Program.

(a) Establishment.

(b) Purposes.

(d) Distribution of funds.

(e) Funding.

(f) Scholarship repayment requirement.

(g) Maritime archeology defined.

1445c-1. Dr. Nancy Foster Scholarship Program.

(a) Establishment.

(b) Purpose.

(d) Distribution of funds.

(e) Funding.

(f) Scholarship repayment requirement.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1445c-1, 6406, 6409 of

this title.

-CITE-

16 USC Sec. 1431 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1431. Findings, purposes, and policies; establishment of

system

-STATUTE-

(a) Findings

The Congress finds that -

(1) this Nation historically has recognized the importance of

protecting special areas of its public domain, but these efforts

have been directed almost exclusively to land areas above the

high-water mark;

(2) certain areas of the marine environment possess

conservation, recreational, ecological, historical, scientific,

educational, cultural, archeological, or esthetic qualities which

give them special national, and in some cases international,

significance;

(3) while the need to control the effects of particular

activities has led to enactment of resource-specific legislation,

these laws cannot in all cases provide a coordinated and

comprehensive approach to the conservation and management of

special areas of the marine environment; and

(4) a Federal program which establishes areas of the marine

environment which have special conservation, recreational,

ecological, historical, cultural, archeological, scientific,

educational, or esthetic qualities as national marine sanctuaries

managed as the National Marine Sanctuary System will -

(A) improve the conservation, understanding, management, and

wise and sustainable use of marine resources;

(B) enhance public awareness, understanding, and appreciation

of the marine environment; and

ecological services, of the natural assemblage of living

resources that inhabit these areas.

(b) Purposes and policies

The purposes and policies of this chapter are -

(1) to identify and designate as national marine sanctuaries

areas of the marine environment which are of special national

significance and to manage these areas as the National Marine

Sanctuary System;

(2) to provide authority for comprehensive and coordinated

conservation and management of these marine areas, and activities

affecting them, in a manner which complements existing regulatory

authorities;

(3) to maintain the natural biological communities in the

national marine sanctuaries, and to protect, and, where

appropriate, restore and enhance natural habitats, populations,

and ecological processes;

(4) to enhance public awareness, understanding, appreciation,

and wise and sustainable use of the marine environment, and the

natural, historical, cultural, and archeological resources of the

National Marine Sanctuary System;

(5) to support, promote, and coordinate scientific research on,

and long-term monitoring of, the resources of these marine areas;

(6) to facilitate to the extent compatible with the primary

objective of resource protection, all public and private uses of

the resources of these marine areas not prohibited pursuant to

other authorities;

(7) to develop and implement coordinated plans for the

protection and management of these areas with appropriate Federal

agencies, State and local governments, Native American tribes and

organizations, international organizations, and other public and

private interests concerned with the continuing health and

resilience of these marine areas;

(8) to create models of, and incentives for, ways to conserve

and manage these areas, including the application of innovative

management techniques; and

(9) to cooperate with global programs encouraging conservation

of marine resources.

There is established the National Marine Sanctuary System, which

shall consist of national marine sanctuaries designated by the

Secretary in accordance with this chapter.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 301, Oct. 23, 1972, 86 Stat. 1061;

Pub. L. 96-332, Sec. 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L.

98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L.

102-587, title II, Sec. 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L.

104-283, Sec. 9(a), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106-513,

Sec. 3, Nov. 13, 2000, 114 Stat. 2381.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-513, Sec. 3(a), inserted ''; establishment of

system'' at end of section catchline.

Subsec. (a)(2). Pub. L. 106-513, Sec. 3(b)(1), substituted

''scientific, educational, cultural, archeological, or esthetic''

for ''research, educational, or esthetic''.

Subsec. (a)(3). Pub. L. 106-513, Sec. 3(b)(2), inserted ''and''

at end.

Subsec. (a)(4) to (6). Pub. L. 106-513, Sec. 3(b)(3), added par.

(4) and struck out former pars. (4) to (6) which read as follows:

''(4) a Federal program which identifies special areas of the

marine environment will contribute positively to marine resources

conservation, research, and management;

''(5) such a Federal program will also serve to enhance public

awareness, understanding, appreciation, and wise use of the marine

environment; and

''(6) protection of these special areas can contribute to

maintaining a natural assemblage of living resources for future

generations.''

Subsec. (b)(1). Pub. L. 106-513, Sec. 3(c)(1), substituted

''significance and to manage these areas as the National Marine

Sanctuary System;'' for ''significance;''.

Subsec. (b)(3). Pub. L. 106-513, Sec. 3(c)(2), (4), added par.

(3) and struck out former par. (3) which read as follows: ''to

support, promote, and coordinate scientific research on, and

monitoring of, the resources of these marine areas, especially

long-term monitoring and research of these areas;''.

Subsec. (b)(4). Pub. L. 106-513, Sec. 3(c)(2), (4), added par.

(4) and struck out former par. (4) which read as follows: ''to

enhance public awareness, understanding, appreciation, and wise use

of the marine environment;''.

Subsec. (b)(5) to (7). Pub. L. 106-513, Sec. 3(c)(3), (4), added

par. (5) and redesignated former pars. (5) and (6) as (6) and (7),

respectively. Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 106-513, Sec. 3(c)(3), (5), redesignated

par. (7) as (8) and substituted ''areas, including the application

of innovative management techniques; and'' for ''areas;''. Former

par. (8) redesignated (9).

Subsec. (b)(9). Pub. L. 106-513, Sec. 3(c)(2), (3), (6),

redesignated par. (8) as (9), substituted a period for ''; and'',

and struck out former par. (9) which read as follows: ''to

maintain, restore, and enhance living resources by providing places

for species that depend upon these marine areas to survive and

propagate.''

Subsec. (c). Pub. L. 106-513, Sec. 3(d), added subsec. (c).

1996 - Subsec. (b)(2). Pub. L. 104-283 substituted a semicolon

for a period at end.

1992 - Subsec. (a)(2). Pub. L. 102-587, Sec. 2101(a)(1), inserted

'', and in some cases international,'' after ''national''.

Subsec. (a)(4). Pub. L. 102-587, Sec. 2101(a)(2), inserted '',

research,'' after ''conservation'' and struck out ''and'' at end.

Subsec. (a)(6). Pub. L. 102-587, Sec. 2101(a)(3), (4), added par.

(6).

Subsec. (b). Pub. L. 102-587, Sec. 2101(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

purposes and policies of this chapter are -

''(1) to identify areas of the marine environment of special

national significance due to their resource or human-use values;

''(2) to provide authority for comprehensive and coordinated

conservation and management of these marine areas that will

complement existing regulatory authorities;

''(3) to support, promote, and coordinate scientific research

on, and monitoring of, the resources of these marine areas;

''(4) to enhance public awareness, understanding, appreciation,

and wise use of the marine environment; and

''(5) to facilitate, to the extent compatible with the primary

objective of resource protection, all public and private uses of

the resources of these marine areas not prohibited pursuant to

other authorities.''

1984 - Pub. L. 98-498 amended section generally, substituting

provisions relating to Congressional declaration of findings,

purposes and policies for provisions defining ''Secretary'' and

''State''. See section 1432 of this title.

1980 - Pub. L. 96-332 inserted provisions defining ''State''.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-513, Sec. 1, Nov. 13, 2000, 114 Stat. 2381, provided

that: ''This Act (enacting section 1445c of this title and amending

this section and sections 1432 to 1434, 1436, 1437, and 1439 to

1445b of this title) may be cited as the 'National Marine

Sanctuaries Amendments Act of 2000'.''

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-283 provided that: ''This Act (amending

this section and sections 1432, 1434, 1437, 1442, 1443, 1444,

1445a, and 1445b of this title, renumbering provisions set out as a

note under section 1442 of this title as section 1445b of this

title, enacting provisions set out as notes under this section and

sections 1433 and 1445 of this title, and amending provisions set

out as a note under section 1433 of this title) may be cited as the

'National Marine Sanctuaries Preservation Act'.''

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-587 provided that: ''This Act (see

Tables for classification) may be cited as the 'Oceans Act of

1992'.''

Section 2001 of title II of Pub. L. 102-587 provided that: ''This

title (enacting section 1445a of this title, amending this section

and sections 1432 to 1437, 1440, 1442 to 1444, 1452 to 1456b, and

1458 to 1462 of this title, enacting provisions set out as notes

under this section and sections 1433, 1442, and 1445 of this title,

and amending provisions set out as a note under section 1433 of

this title) may be cited as the 'National Marine Sanctuaries

Program Amendments Act of 1992'.''

SHORT TITLE OF 1984 AMENDMENT

Section 101 of title I of Pub. L. 98-498 provided that: ''This

title (enacting sections 1435 to 1439 of this title and amending

this section and sections 1432 to 1434 of this title) may be cited

as the 'Marine Sanctuaries Amendments of 1984'.''

SHORT TITLE

Section 317 of title III, formerly section 316, of Pub. L.

92-532, as added by Pub. L. 102-587, title II, Sec. 2112, Nov. 4,

1992, 106 Stat. 5047; renumbered Sec. 317 of title III, Pub. L.

104-283, Sec. 6(a), 9(f), Oct. 11, 1996, 110 Stat. 3364, 3368;

amended Pub. L. 106-562, title III, Sec. 307(b), Dec. 23, 2000, 114

Stat. 2807, provided that: ''This title (enacting this chapter) may

be cited as the 'National Marine Sanctuaries Act'.''

CONGRESSIONAL FINDINGS, POLICY, AND DECLARATION OF PURPOSE

For statement of Congressional findings, policy, and declaration

of purpose of Pub. L. 92-532 which enacted this chapter and chapter

27 of Title 33, Navigation and Navigable Waters, see section 1401

of Title 33.

ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS

For provisions relating to environmental effects abroad of major

federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R.

1957, set out as a note under section 4321 of Title 42, The Public

Health and Welfare.

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of Title 42, The Public Health

and Welfare.

PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT

FEDERAL FACILITIES

Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, set out as a

note under section 4331 of Title 42, The Public Health and Welfare,

which related to the prevention, control, and abatement of

environmental pollution at Federal facilities, was revoked by Ex.

Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note

under section 4321 of Title 42.

-EXEC-

EX. ORD. NO. 13158. MARINE PROTECTED AREAS

Ex. Ord. No. 13158, May 26, 2000, 65 F.R. 34909, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America and in furtherance of

the purposes of the National Marine Sanctuaries Act (16 U.S.C. 1431

et seq.), National Wildlife Refuge System Administration Act of

1966 (16 U.S.C. 668dd-ee) (16 U.S.C. 668dd-668ee), National Park

Service Organic Act (16 U.S.C. 1 et seq.), National Historic

Preservation Act (16 U.S.C. 470 et seq.), Wilderness Act (16 U.S.C.

1131 et seq.), Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.), Coastal Zone Management Act (of 1972)

(16 U.S.C. 1451 et seq.), Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.), Marine Mammal Protection Act (of 1972) (16 U.S.C.

1362 (1361) et seq.), Clean Water Act of 1977 (33 U.S.C. 1251 et

seq.), National Environmental Policy Act (of 1969), as amended (42

U.S.C. 4321 et seq.), Outer Continental Shelf Lands Act (42 (43)

U.S.C. 1331 et seq.), and other pertinent statutes, it is ordered

as follows:

Section 1. Purpose. This Executive Order will help protect the

significant natural and cultural resources within the marine

environment for the benefit of present and future generations by

strengthening and expanding the Nation's system of marine protected

areas (MPAs). An expanded and strengthened comprehensive system of

marine protected areas throughout the marine environment would

enhance the conservation of our Nation's natural and cultural

marine heritage and the ecologically and economically sustainable

use of the marine environment for future generations. To this end,

the purpose of this order is to, consistent with domestic and

international law: (a) strengthen the management, protection, and

conservation of existing marine protected areas and establish new

or expanded MPAs; (b) develop a scientifically based, comprehensive

national system of MPAs representing diverse U.S. marine

ecosystems, and the Nation's natural and cultural resources; and

approved, or funded activities.

Sec. 2. Definitions. For the purposes of this order: (a) ''Marine

protected area'' means any area of the marine environment that has

been reserved by Federal, State, territorial, tribal, or local laws

or regulations to provide lasting protection for part or all of the

natural and cultural resources therein.

(b) ''Marine environment'' means those areas of coastal and ocean

waters, the Great Lakes and their connecting waters, and submerged

lands thereunder, over which the United States exercises

jurisdiction, consistent with international law.

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands of the United States, American Samoa, Guam, and the

Commonwealth of the Northern Mariana Islands.

Sec. 3. MPA Establishment, Protection, and Management. Each

Federal agency whose authorities provide for the establishment or

management of MPAs shall take appropriate actions to enhance or

expand protection of existing MPAs and establish or recommend, as

appropriate, new MPAs. Agencies implementing this section shall

consult with the agencies identified in subsection 4(a) of this

order, consistent with existing requirements.

Sec. 4. National System of MPAs. (a) To the extent permitted by

law and subject to the availability of appropriations, the

Department of Commerce and the Department of the Interior, in

consultation with the Department of Defense, the Department of

State, the United States Agency for International Development, the

Department of Transportation, the Environmental Protection Agency,

the National Science Foundation, and other pertinent Federal

agencies shall develop a national system of MPAs. They shall

coordinate and share information, tools, and strategies, and

provide guidance to enable and encourage the use of the following

in the exercise of each agency's respective authorities to further

enhance and expand protection of existing MPAs and to establish or

recommend new MPAs, as appropriate:

(1) science-based identification and prioritization of natural

and cultural resources for additional protection;

(2) integrated assessments of ecological linkages among MPAs,

including ecological reserves in which consumptive uses of

resources are prohibited, to provide synergistic benefits;

(3) a biological assessment of the minimum area where consumptive

uses would be prohibited that is necessary to preserve

representative habitats in different geographic areas of the marine

environment;

(4) an assessment of threats and gaps in levels of protection

currently afforded to natural and cultural resources, as

appropriate;

(5) practical, science-based criteria and protocols for

monitoring and evaluating the effectiveness of MPAs;

(6) identification of emerging threats and user conflicts

affecting MPAs and appropriate, practical, and equitable management

solutions, including effective enforcement strategies, to eliminate

or reduce such threats and conflicts;

(7) assessment of the economic effects of the preferred

management solutions; and

(8) identification of opportunities to improve linkages with, and

technical assistance to, international marine protected area

programs.

(b) In carrying out the requirements of section 4 of this order,

the Department of Commerce and the Department of the Interior shall

consult with those States that contain portions of the marine

environment, the Commonwealth of Puerto Rico, the Virgin Islands of

the United States, American Samoa, Guam, and the Commonwealth of

the Northern Mariana Islands, tribes, Regional Fishery Management

Councils, and other entities, as appropriate, to promote

coordination of Federal, State, territorial, and tribal actions to

establish and manage MPAs.

Department of Commerce and the Department of the Interior shall

seek the expert advice and recommendations of non-Federal

scientists, resource managers, and other interested persons and

organizations through a Marine Protected Area Federal Advisory

Committee. The Committee shall be established by the Department of

Commerce.

(d) The Secretary of Commerce and the Secretary of the Interior

shall establish and jointly manage a website for information on

MPAs and Federal agency reports required by this order. They shall

also publish and maintain a list of MPAs that meet the definition

of MPA for the purposes of this order.

(e) The Department of Commerce's National Oceanic and Atmospheric

Administration shall establish a Marine Protected Area Center to

carry out, in cooperation with the Department of the Interior, the

requirements of subsection 4(a) of this order, coordinate the

website established pursuant to subsection 4(d) of this order, and

partner with governmental and nongovernmental entities to conduct

necessary research, analysis, and exploration. The goal of the MPA

Center shall be, in cooperation with the Department of the

Interior, to develop a framework for a national system of MPAs, and

to provide Federal, State, territorial, tribal, and local

governments with the information, technologies, and strategies to

support the system. This national system framework and the work of

the MPA Center is intended to support, not interfere with,

agencies' independent exercise of their own existing authorities.

(f) To better protect beaches, coasts, and the marine environment

from pollution, the Environmental Protection Agency (EPA), relying

upon existing Clean Water Act (33 U.S.C. 1251 et seq.) authorities,

shall expeditiously propose new science-based regulations, as

necessary, to ensure appropriate levels of protection for the

marine environment. Such regulations may include the

identification of areas that warrant additional pollution

protections and the enhancement of marine water quality standards.

The EPA shall consult with the Federal agencies identified in

subsection 4(a) of this order, States, territories, tribes, and the

public in the development of such new regulations.

Sec. 5. Agency Responsibilities. Each Federal agency whose

actions affect the natural or cultural resources that are protected

by an MPA shall identify such actions. To the extent permitted by

law and to the maximum extent practicable, each Federal agency, in

taking such actions, shall avoid harm to the natural and cultural

resources that are protected by an MPA. In implementing this

section, each Federal agency shall refer to the MPAs identified

under subsection 4(d) of this order.

Sec. 6. Accountability. Each Federal agency that is required to

take actions under this order shall prepare and make public

annually a concise description of actions taken by it in the

previous year to implement the order, including a description of

written comments by any person or organization stating that the

agency has not complied with this order and a response to such

comments by the agency.

Sec. 7. International Law. Federal agencies taking actions

pursuant to this Executive Order must act in accordance with

international law and with Presidential Proclamation 5928 of

December 27, 1988, on the Territorial Sea of the United States of

America (43 U.S.C. 1331 note), Presidential Proclamation 5030 of

March 10, 1983, on the Exclusive Economic Zone of the United States

of America (16 U.S.C. 1453 note), and Presidential Proclamation

7219 of September 2, 1999, on the Contiguous Zone of the United

States (43 U.S.C. 1331 note).

Sec. 8. General. (a) Nothing in this order shall be construed as

altering existing authorities regarding the establishment of

Federal MPAs in areas of the marine environment subject to the

jurisdiction and control of States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands of the United

States, American Samoa, Guam, the Commonwealth of the Northern

Mariana Islands, and Indian tribes.

(b) This order does not diminish, affect, or abrogate Indian

treaty rights or United States trust responsibilities to Indian

tribes.

or procedural, enforceable in law or equity by a party against the

United States, its agencies, its officers, or any person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1432 of this title.

-CITE-

16 USC Sec. 1432 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1432. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''draft management plan'' means the plan described in

section 1434(a)(1)(C)(v) (FOOTNOTE 1) of this title;

(FOOTNOTE 1) See References in Text note below.

(2) ''Magnuson-Stevens Act'' means the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.);

(3) ''marine environment'' means those areas of coastal and

ocean waters, the Great Lakes and their connecting waters, and

submerged lands over which the United States exercises

jurisdiction, including the exclusive economic zone, consistent

with international law;

(4) ''Secretary'' means the Secretary of Commerce;

(5) ''State'' means each of the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, American Samoa, the Virgin Islands,

Guam, and any other commonwealth, territory, or possession of the

United States;

(6) ''damages'' includes -

(A) compensation for -

(i)(I) the cost of replacing, restoring, or acquiring the

equivalent of a sanctuary resource; and

(II) the value of the lost use of a sanctuary resource

pending its restoration or replacement or the acquisition of

an equivalent sanctuary resource; or

(ii) the value of a sanctuary resource if the sanctuary

resource cannot be restored or replaced or if the equivalent

of such resource cannot be acquired;

(B) the cost of damage assessments under section 1443(b)(2)

of this title;

injured, restored, or replaced resources;

(D) the cost of curation and conservation of archeological,

historical, and cultural sanctuary resources; and

(E) the cost of enforcement actions undertaken by the

Secretary in response to the destruction or loss of, or injury

to, a sanctuary resource;

(7) ''response costs'' means the costs of actions taken or

authorized by the Secretary to minimize destruction or loss of,

or injury to, sanctuary resources, or to minimize the imminent

risks of such destruction, loss, or injury, including costs

related to seizure, forfeiture, storage, or disposal arising from

liability under section 1443 of this title;

(8) ''sanctuary resource'' means any living or nonliving

resource of a national marine sanctuary that contributes to the

conservation, recreational, ecological, historical, educational,

cultural, archeological, scientific, or aesthetic value of the

sanctuary; and

(9) ''exclusive economic zone'' means the exclusive economic

zone as defined in the Magnuson-Stevens Act; and

(10) ''System'' means the National Marine Sanctuary System

established by section 1431 of this title.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 302, Oct. 23, 1972, 86 Stat. 1061;

Pub. L. 96-332, Sec. 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L.

97-375, title II, Sec. 202(a), Dec. 21, 1982, 96 Stat. 1822; Pub.

L. 98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L.

100-627, title II, Sec. 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub.

L. 102-587, title II, Sec. 2102, Nov. 4, 1992, 106 Stat. 5040; Pub.

L. 104-283, Sec. 9(b), Oct. 11, 1996, 110 Stat. 3367; Pub. L.

106-513, Sec. 4, 19(b)(1), (2), Nov. 13, 2000, 114 Stat. 2382,

2392, 2393.)

-REFTEXT-

REFERENCES IN TEXT

Section 1434(a)(1)(C) of this title, referred to in par. (1), was

amended generally by Pub. L. 106-513, Sec. 6(a), Nov. 13, 2000, 114

Stat. 2383, and, as so amended, no longer contains a cl. (v).

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in par. (2), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38

(Sec. 1801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-513, Sec. 19(b)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''

'Magnuson Act' means the Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.);''.

Par. (6)(D), (E). Pub. L. 106-513, Sec. 4(a), added subpars. (D)

and (E).

Par. (7). Pub. L. 106-513, Sec. 4(b), inserted '', including

costs related to seizure, forfeiture, storage, or disposal arising

from liability under section 1443 of this title'' after ''loss, or

injury''.

Par. (8). Pub. L. 106-513, Sec. 4(c), substituted ''educational,

cultural, archeological, scientific,'' for ''research,

educational,''.

Par. (9). Pub. L. 106-513, Sec. 19(b)(2), substituted

''Magnuson-Stevens Act'' for ''Magnuson Fishery Conservation and

Management Act''.

Par. (10). Pub. L. 106-513, Sec. 4(d), added par. (10).

1996 - Par. (6)(C). Pub. L. 104-283, Sec. 9(b)(1), which directed

substitution of a semicolon for '', and'' at end, was executed by

substituting a semicolon for the comma at end to reflect the

probable intent of Congress.

Par. (7). Pub. L. 104-283, Sec. 9(b)(2), struck out ''and'' after

''injury;''.

1992 - Par. (1). Pub. L. 102-587, Sec. 2102(e)(1), substituted

''1434(a)(1)(C)(v)'' for ''1434(a)(1)(E)''.

Par. (3). Pub. L. 102-587, Sec. 2102(a), inserted ''including the

exclusive economic zone,'' after ''jurisdiction,''.

Par. (5). Pub. L. 102-587, Sec. 2102(e)(2), struck out ''and'' at

end.

Par. (6)(C). Pub. L. 102-587, Sec. 2102(b), added subpar. (C).

Par. (7). Pub. L. 102-587, Sec. 2102(c), inserted ''or

authorized'' after ''taken''.

Par. (9). Pub. L. 102-587, Sec. 2102(d), added par. (9).

1988 - Pars. (6) to (8). Pub. L. 100-627 added pars. (6) to (8).

1984 - Pub. L. 98-498 amended section generally, substituting

provisions which set forth definitions for provisions which related

to the designation of sanctuaries. See section 1433 of this title.

1982 - Subsec. (d). Pub. L. 97-375 substituted provision that

Secretary submit a biennial report on or before March 1 of every

other year beginning in 1984 for provision that Secretary submit an

annual report on or before November 1 of each year, and substituted

reference to previous two fiscal years for reference to previous

fiscal year.

1980 - Subsec. (b). Pub. L. 96-332, Sec. 2(1), designated

existing provisions as par. (1), struck out provision that a

designation under this section would become effective sixty days

after it was published unless the Governor of any State involved,

before the expiration of the sixty-day period, certified to

Secretary that the designation, or a specified portion thereof, was

unacceptable to his State, in which case the designated sanctuary

would not include the area certified as unacceptable until such

time as the Governor withdrew his certification of unacceptability,

and added par. (2).

Subsec. (f). Pub. L. 96-332, Sec. 2(2), designated existing

provisions as par. (2), added pars. (1), (3), and (4), and, in par.

(2) as so designated, substituted ''The Secretary, after

consultation with other interested Federal and State agencies,

shall issue necessary and reasonable regulations to implement the

terms of the designation and control the activities described in

it, except that all permits, licenses, and other authorizations

issued pursuant to any other authority shall be valid unless such

regulations otherwise provide'' for ''After a marine sanctuary has

been designated under this section, the Secretary, after

consultation with other interested Federal agencies, shall issue

necessary and reasonable regulations to control any activities

permitted within the designated marine sanctuary, and no permit,

license, or other authorization issued pursuant to any other

authority shall be valid unless the Secretary shall certify that

the permitted activity is consistent with the purposes of this

chapter and can be carried out within the regulations promulgated

under this section''.

Subsec. (h). Pub. L. 96-332, Sec. 2(3), added subsec. (h).

REGULATIONS

Section 210 of title II of Pub. L. 100-627 provided that: ''Not

later than one year after the date of the enactment of this Act

(Nov. 7, 1988), the Secretary of Commerce -

''(1) shall propose regulations implementing the amendments

made by this title (enacting sections 1440 to 1445 of this title,

amending sections 1432, 1434, and 1437 of this title, and

repealing section 1438 of this title); and

''(2) shall issue final regulations implementing the amendments

made by the Marine Sanctuaries Amendments of 1984 (enacting

sections 1435 to 1439 of this title and amending sections 1431 to

1434 of this title).''

ADDITIONAL DEFINITIONS

Section 3 of Pub. L. 92-532, which is classified to section 1402

of Title 33, Navigation and Navigable Waters, defines for purposes

of this chapter the terms ''Administrator'', ''Ocean waters'',

''Material'', ''United States'', ''Person'', ''Dumping'',

''District Court of the United States'', ''Dredged material'',

''High-level radioactive waste'', and ''Transport'' or

''Transportation''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1443 of this title.

-CITE-

16 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1433. Sanctuary designation standards

-STATUTE-

(a) Standards

The Secretary may designate any discrete area of the marine

environment as a national marine sanctuary and promulgate

regulations implementing the designation if the Secretary

determines that -

(1) the designation will fulfill the purposes and policies of

this chapter;

(2) the area is of special national significance due to -

(A) its conservation, recreational, ecological, historical,

scientific, cultural, archaeological, educational, or esthetic

qualities;

(B) the communities of living marine resources it harbors; or

(3) existing State and Federal authorities are inadequate or

should be supplemented to ensure coordinated and comprehensive

conservation and management of the area, including resource

protection, scientific research, and public education;

(4) designation of the area as a national marine sanctuary will

facilitate the objectives stated in paragraph (3); and

(5) the area is of a size and nature that will permit

comprehensive and coordinated conservation and management.

(b) Factors and consultations required in making determinations and

findings

(1) Factors

For purposes of determining if an area of the marine

environment meets the standards set forth in subsection (a) of

this section, the Secretary shall consider -

(A) the area's natural resource and ecological qualities,

including its contribution to biological productivity,

maintenance of ecosystem structure, maintenance of ecologically

or commercially important or threatened species or species

assemblages, maintenance of critical habitat of endangered

species, and the biogeographic representation of the site;

(B) the area's historical, cultural, archaeological, or

paleontological significance;

maintenance of the area's resources, including commercial and

recreational fishing, subsistence uses, other commercial and

recreational activities, and research and education;

(D) the present and potential activities that may adversely

affect the factors identified in subparagraphs (A), (B), and

(C);

(E) the existing State and Federal regulatory and management

authorities applicable to the area and the adequacy of those

authorities to fulfill the purposes and policies of this

chapter;

(F) the manageability of the area, including such factors as

its size, its ability to be identified as a discrete ecological

unit with definable boundaries, its accessibility, and its

suitability for monitoring and enforcement activities;

(G) the public benefits to be derived from sanctuary status,

with emphasis on the benefits of long-term protection of

nationally significant resources, vital habitats, and resources

which generate tourism;

(H) the negative impacts produced by management restrictions

on income-generating activities such as living and nonliving

resources development;

(I) the socioeconomic effects of sanctuary designation;

(J) the area's scientific value and value for monitoring the

resources and natural processes that occur there;

(K) the feasibility, where appropriate, of employing

innovative management approaches to protect sanctuary resources

or to manage compatible uses; and

(L) the value of the area as an addition to the System.

(2) Consultation

In making determinations and findings, the Secretary shall

consult with -

(A) the Committee on Resources of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate;

(B) the Secretaries of State, Defense, Transportation, and

the Interior, the Administrator, and the heads of other

interested Federal agencies;

appropriate State and local government entities, including

coastal zone management agencies, that will or are likely to be

affected by the establishment of the area as a national marine

sanctuary;

(D) the appropriate officials of any Regional Fishery

Management Council established by section 302 of the

Magnuson-Stevens Act (16 U.S.C. 1852) that may be affected by

the proposed designation; and

(E) other interested persons.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 303, Oct. 23, 1972, 86 Stat. 1062;

Pub. L. 98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2297;

Pub. L. 102-587, title II, Sec. 2103, Nov. 4, 1992, 106 Stat. 5041;

Pub. L. 106-513, Sec. 5, 19(a)(1), (b)(3), Nov. 13, 2000, 114 Stat.

2383, 2392, 2393; Pub. L. 106-555, title II, Sec. 205(a), Dec. 21,

2000, 114 Stat. 2769.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-555, in introductory provisions,

substituted ''the Secretary determines that - '' for ''the

Secretary - '', added pars. (1) to (5), and struck out former pars.

(1) and (2) which read as follows:

''(1) determines that -

''(A) the designation will fulfill the purposes and policies of

this chapter;

''(B) the area is of special national significance due to -

''(i) its conservation, recreational, ecological, historical,

scientific, cultural, archeological, educational, or esthetic

qualities;

''(ii) the communities of living marine resources it harbors;

''(iii) its resource or human-use values;

''(C) existing State and Federal authorities are inadequate or

should be supplemented to ensure coordinated and comprehensive

conservation and management of the area, including resource

protection, scientific research, and public education;

''(D) designation of the area as a national marine sanctuary

will facilitate the objectives in subparagraph (C); and

''(E) the area is of a size and nature that will permit

comprehensive and coordinated conservation and management; and

''(2) finds that -

''(A) the area is of special national significance due to its

resource or human-use values;

''(B) existing State and Federal authorities are inadequate or

should be supplemented to ensure coordinated and comprehensive

conservation and management of the area, including resource

protection, scientific research, and public education;

''(C) designation of the area as a national marine sanctuary

will facilitate the objectives in subparagraph (B); and

''(D) the area is of a size and nature that will permit

comprehensive and coordinated conservation and management.''

Subsec. (a)(1). Pub. L. 106-513, Sec. 5(a), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''determines that the designation will fulfill the purposes and

policies of this chapter; and''.

Subsec. (b)(1)(J) to (L). Pub. L. 106-513, Sec. 5(b)(1), added

subpars. (J) to (L).

Subsec. (b)(2)(A). Pub. L. 106-513, Sec. 19(a)(1), substituted

''Resources'' for ''Merchant Marine and Fisheries''.

Subsec. (b)(2)(D). Pub. L. 106-513, Sec. 19(b)(3), substituted

''Magnuson-Stevens Act'' for ''Magnuson Act''.

Subsec. (b)(3). Pub. L. 106-513, Sec. 5(b)(2), struck out heading

and text of par. (3). Prior to amendment, text read as follows:

''In making determinations and findings, the Secretary shall draft,

as part of the environmental impact statement referred to in

section 1434(a)(2) of this title, a resource assessment report

documenting present and potential uses of the area, including

commercial and recreational fishing, research and education,

minerals and energy development, subsistence uses, and other

commercial, governmental, or recreational uses. The Secretary, in

consultation with the Secretary of the Interior, shall draft a

resource assessment section for the report regarding any

commercial, governmental, or recreational resource uses in the area

under consideration that are subject to the primary jurisdiction of

the Department of the Interior. The Secretary, in consultation with

the Secretary of Defense, the Secretary of Energy, and the

Administrator, shall draft a resource assessment section for the

report, including information on any past, present, or proposed

future disposal or discharge of materials in the vicinity of the

proposed sanctuary. Public disclosure by the Secretary of such

information shall be consistent with national security

regulations.''

1992 - Subsec. (a)(2)(B). Pub. L. 102-587, Sec. 2103(a), inserted

''or should be supplemented'' after ''inadequate''.

Subsec. (b)(1)(A). Pub. L. 102-587, Sec. 2103(b)(1), inserted

''maintenance of critical habitat of endangered species,'' after

''assemblages,''.

Subsec. (b)(3). Pub. L. 102-587, Sec. 2103(b)(2), substituted

''1434(a)(2)'' for ''1434(a)(1)'', inserted '', governmental,''

after ''other commercial'' and after ''any commercial'', and

inserted at end: ''The Secretary, in consultation with the

Secretary of Defense, the Secretary of Energy, and the

Administrator, shall draft a resource assessment section for the

report, including information on any past, present, or proposed

future disposal or discharge of materials in the vicinity of the

proposed sanctuary. Public disclosure by the Secretary of such

information shall be consistent with national security

regulations.''

1984 - Pub. L. 98-498 amended section generally, substituting

provisions relating to sanctuary designation standards for

provisions relating to penalties. See section 1437(b) of this

title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-555, title II, Sec. 205(c), Dec. 21, 2000, 114 Stat.

2770, provided that: ''This section (amending this section and

section 1434 of this title) shall take effect immediately after the

National Marine Sanctuaries Amendments Act of 2000 (Pub. L.

106-513) takes effect.''

Marine Sanctuaries

Channel Islands National Marine Sanctuary. - 45 F.R. 65198, Oct. 2,

1980; 15 C.F.R. part 922, subpart G.

Cordell Bank National Marine Sanctuary. - 54 F.R. 22417, May 24,

1989; 15 C.F.R. part 922, subpart K; Pub. L. 100-627, title II,

Sec. 205(a)(1), Nov. 7, 1988, 102 Stat. 3217.

Fagatele Bay National Marine Sanctuary. - 51 F.R. 15878, Apr. 29,

1986; 15 C.F.R. part 922, subpart J.

Florida Keys National Marine Sanctuary. - 15 C.F.R. part 922,

subpart P; Pub. L. 101-605, Nov. 16, 1990, 104 Stat. 3089, as

amended by Pub. L. 102-587, title II, Sec. 2206, 2209, Nov. 4,

1992, 106 Stat. 5053, 5054.

Flower Garden Banks National Marine Sanctuary. - 56 F.R. 63634,

Dec. 5, 1991; 60 F.R. 10312, Feb. 24, 1995; 15 C.F.R. part 922,

subpart L; Pub. L. 100-627, title II, Sec. 205(a)(2), Nov. 7,

1988, 102 Stat. 3217; Pub. L. 102-251, title I, Sec. 101, Mar. 9,

1992, 106 Stat. 60; Pub. L. 104-283, Sec. 8, Oct. 11, 1996, 110

Stat. 3366.

Gerry E. Studds Stellwagen Bank National Marine Sanctuary (former

Stellwagen Bank National Marine Sanctuary). - 58 F.R. 53865, Oct.

19, 1993; 59 F.R. 53348, Oct. 24, 1994; 15 C.F.R. 922, subpart N;

Pub. L. 102-587, title II, Sec. 2202, Nov. 4, 1992, 106 Stat.

5048; Pub. L. 104-283, Sec. 9(g), 11, Oct. 11, 1996, 110 Stat.

3368, 3369.

Gray's Reef National Marine Sanctuary. - 46 F.R. 7942, Jan. 26,

1981; 15 C.F.R. part 922, subpart I.

Gulf of the Farallones National Marine Sanctuary (former Point

Reyes-Farallon Islands National Marine Sanctuary). - 46 F.R. 7936,

Jan. 26, 1981; 15 C.F.R. part 922, subpart H; 62 F.R. 3788, Jan.

27, 1997.

Hawaiian Islands Humpback Whale National Marine Sanctuary. - 15

C.F.R. part 922, subpart Q; Pub. L. 102-587, title II, subtitle C,

Sec. 2301-2308, Nov. 4, 1992, 106 Stat. 5055-5059; Pub. L.

104-283, Sec. 7, Oct. 11, 1996, 110 Stat. 3365.

Key Largo National Marine Sanctuary. - 41 F.R. 2379, Jan. 16, 1976;

48 F.R. 55118, Dec. 9, 1983.

Looe Key National Marine Sanctuary. - 46 F.R. 7949, Jan. 26, 1981.

MONITOR National Marine Sanctuary. - 40 F.R. 5349, Feb. 5, 1975; 40

F.R. 21706, May 19, 1975; 15 C.F.R. part 922, subpart F.

Monterey Bay National Marine Sanctuary. - 57 F.R. 43310, Sept. 18,

1992; 15 C.F.R. part 922, subpart M; Pub. L. 100-627, title II,

Sec. 205(a)(3), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102-368,

title I, Sec. 102, Sept. 23, 1992, 106 Stat. 1119; Pub. L.

102-587, title II, Sec. 2203, Nov. 4, 1992, 106 Stat. 5048.

Olympic Coast National Marine Sanctuary. - 59 F.R. 24586, May 11,

1994; 15 C.F.R. 922, subpart O; Pub. L. 100-627, title II, Sec.

205(a)(4), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102-587, title

II, Sec. 2207, Nov. 4, 1992, 106 Stat. 5053.

Thunder Bay National Marine Sanctuary and Underwater Preserve. - 65

F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.

-------------------------------

NORTHWEST STRAITS

Pub. L. 104-283, Sec. 10, Oct. 11, 1996, 110 Stat. 3368, provided

that: ''No designation of an area in the Northwest Straits in the

State of Washington as a national marine sanctuary under the

National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) shall take

effect unless that designation is specifically authorized by a law

enacted after the date of enactment of this Act (Oct. 11, 1996).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1434 of this title.

-CITE-

16 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1434. Procedures for designation and implementation

-STATUTE-

(a) Sanctuary proposal

(1) Notice

In proposing to designate a national marine sanctuary, the

Secretary shall -

(A) issue, in the Federal Register, a notice of the proposal,

proposed regulations that may be necessary and reasonable to

implement the proposal, and a summary of the draft management

plan;

(B) provide notice of the proposal in newspapers of general

circulation or electronic media in the communities that may be

affected by the proposal; and

subparagraph (A) is submitted to the Office of the Federal

designation documents prepared pursuant to paragraph (2),

including an executive summary, to the Committee on Resources

of the House of Representatives, the Committee on Commerce,

Science, and Transportation of the Senate, and the Governor of

each State in which any part of the proposed sanctuary would be

located.

(2) Sanctuary designation documents

The Secretary shall prepare and make available to the public

sanctuary designation documents on the proposal that include the

following:

(A) A draft environmental impact statement pursuant to the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.).

(B) A resource assessment that documents -

(i) present and potential uses of the area, including

commercial and recreational fishing, research and education,

minerals and energy development, subsistence uses, and other

commercial, governmental, or recreational uses;

(ii) after consultation with the Secretary of the Interior,

any commercial, governmental, or recreational resource uses

in the areas that are subject to the primary jurisdiction of

the Department of the Interior; and

(iii) information prepared in consultation with the

Secretary of Defense, the Secretary of Energy, and the

Administrator of the Environmental Protection Agency, on any

past, present, or proposed future disposal or discharge of

materials in the vicinity of the proposed sanctuary.

Public disclosure by the Secretary of such information shall be

consistent with national security regulations.

sanctuary that includes the following:

(i) The terms of the proposed designation.

(ii) Proposed mechanisms to coordinate existing regulatory

and management authorities within the area.

(iii) The proposed goals and objectives, management

responsibilities, resource studies, and appropriate

strategies for managing sanctuary resources of the proposed

sanctuary, including interpretation and education, innovative

management strategies, research, monitoring and assessment,

resource protection, restoration, enforcement, and

surveillance activities.

(iv) An evaluation of the advantages of cooperative State

and Federal management if all or part of the proposed

sanctuary is within the territorial limits of any State or is

superjacent to the subsoil and seabed within the seaward

boundary of a State, as that boundary is established under

the Submerged Lands Act (43 U.S.C. 1301 et seq.).

(v) An estimate of the annual cost to the Federal

Government of the proposed designation, including costs of

personnel, equipment and facilities, enforcement, research,

and public education.

(vi) The proposed regulations referred to in paragraph

(1)(A).

(D) Maps depicting the boundaries of the proposed sanctuary.

(E) The basis for the determinations made under section

1433(a) of this title with respect to the area.

(F) An assessment of the considerations under section

1433(b)(1) of this title.

(3) Public hearing

No sooner than thirty days after issuing a notice under this

subsection, the Secretary shall hold at least one public hearing

in the coastal area or areas that will be most affected by the

proposed designation of the area as a national marine sanctuary

for the purpose of receiving the views of interested parties.

(4) Terms of designation

The terms of designation of a sanctuary shall include the

geographic area proposed to be included within the sanctuary, the

characteristics of the area that give it conservation,

recreational, ecological, historical, research, educational, or

esthetic value, and the types of activities that will be subject

to regulation by the Secretary to protect those characteristics.

The terms of designation may be modified only by the same

procedures by which the original designation is made.

(5) Fishing regulations

The Secretary shall provide the appropriate Regional Fishery

Management Council with the opportunity to prepare draft

regulations for fishing within the Exclusive Economic Zone as the

Council may deem necessary to implement the proposed

designation. Draft regulations prepared by the Council, or a

Council determination that regulations are not necessary pursuant

to this paragraph, shall be accepted and issued as proposed

regulations by the Secretary unless the Secretary finds that the

Council's action fails to fulfill the purposes and policies of

this chapter and the goals and objectives of the proposed

designation. In preparing the draft regulations, a Regional

Fishery Management Council shall use as guidance the national

standards of section 301(a) of the Magnuson-Stevens Act (16

U.S.C. 1851) to the extent that the standards are consistent and

compatible with the goals and objectives of the proposed

designation. The Secretary shall prepare the fishing

regulations, if the Council declines to make a determination with

respect to the need for regulations, makes a determination which

is rejected by the Secretary, or fails to prepare the draft

regulations in a timely manner. Any amendments to the fishing

regulations shall be drafted, approved, and issued in the same

manner as the original regulations. The Secretary shall also

cooperate with other appropriate fishery management authorities

with rights or responsibilities within a proposed sanctuary at

the earliest practicable stage in drafting any sanctuary fishing

regulations.

(6) Committee action

After receiving the documents under subsection (a)(1)(C) of

this section, the Committee on Resources of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate may each hold hearings on the

proposed designation and on the matters set forth in the

documents. If within the forty-five day period of continuous

session of Congress beginning on the date of submission of the

documents, either Committee issues a report concerning matters

addressed in the documents, the Secretary shall consider this

report before publishing a notice to designate the national

marine sanctuary.

(b) Taking effect of designations

(1) Notice

In designating a national marine sanctuary, the Secretary shall

publish in the Federal Register notice of the designation

together with final regulations to implement the designation and

any other matters required by law, and submit such notice to the

Congress. The Secretary shall advise the public of the

availability of the final management plan and the final

environmental impact statement with respect to such sanctuary.

The Secretary shall issue a notice of designation with respect to

a proposed national marine sanctuary site not later than 30

months after the date a notice declaring the site to be an active

candidate for sanctuary designation is published in the Federal

publish not later than such date in the Federal Register findings

regarding why such notice has not been published. No notice of

designation may occur until the expiration of the period for

Committee action under subsection (a)(6) of this section. The

designation (and any of its terms not disapproved under this

subsection) and regulations shall take effect and become final

after the close of a review period of forty-five days of

continuous session of Congress beginning on the day on which such

notice is published unless, in the case of a national marine

sanctuary that is located partially or entirely within the

seaward boundary of any State, the Governor affected certifies to

the Secretary that the designation or any of its terms is

unacceptable, in which case the designation or the unacceptable

term shall not take effect in the area of the sanctuary lying

within the seaward boundary of the State.

(2) Withdrawal of designation

If the Secretary considers that actions taken under paragraph

(1) will affect the designation of a national marine sanctuary in

a manner that the goals and objectives of the sanctuary or System

cannot be fulfilled, the Secretary may withdraw the entire

designation. If the Secretary does not withdraw the designation,

only those terms of the designation not certified under paragraph

(1) shall take effect.

(3) Procedures

In computing the forty-five-day periods of continuous session

of Congress pursuant to subsection (a)(6) of this section and

paragraph (1) of this subsection -

(A) continuity of session is broken only by an adjournment of

Congress sine die; and

(B) the days on which either House of Congress is not in

session because of an adjournment of more than three days to a

day certain are excluded.

(1) Nothing in this chapter shall be construed as terminating or

granting to the Secretary the right to terminate any valid lease,

permit, license, or right of subsistence use or of access that is

in existence on the date of designation of any national marine

sanctuary.

(2) The exercise of a lease, permit, license, or right is subject

to regulation by the Secretary consistent with the purposes for

which the sanctuary is designated.

(d) Interagency cooperation

(1) Review of agency actions

(A) In general

Federal agency actions internal or external to a national

marine sanctuary, including private activities authorized by

licenses, leases, or permits, that are likely to destroy, cause

the loss of, or injure any sanctuary resource are subject to

consultation with the Secretary.

(B) Agency statements required

Subject to any regulations the Secretary may establish each

Federal agency proposing an action described in subparagraph

(A) shall provide the Secretary with a written statement

describing the action and its potential effects on sanctuary

resources at the earliest practicable time, but in no case

later than 45 days before the final approval of the action

unless such Federal agency and the Secretary agree to a

different schedule.

(2) Secretary's recommended alternatives

If the Secretary finds that a Federal agency action is likely

to destroy, cause the loss of, or injure a sanctuary resource,

the Secretary shall (within 45 days of receipt of complete

information on the proposed agency action) recommend reasonable

and prudent alternatives, which may include conduct of the action

elsewhere, which can be taken by the Federal agency in

implementing the agency action that will protect sanctuary

resources.

(3) Response to recommendations

The agency head who receives the Secretary's recommended

alternatives under paragraph (2) shall promptly consult with the

Secretary on the alternatives. If the agency head decides not to

follow the alternatives, the agency head shall provide the

Secretary with a written statement explaining the reasons for

that decision.

(4) Failure to follow alternative

If the head of a Federal agency takes an action other than an

alternative recommended by the Secretary and such action results

in the destruction of, loss of, or injury to a sanctuary

resource, the head of the agency shall promptly prevent and

mitigate further damage and restore or replace the sanctuary

resource in a manner approved by the Secretary.

(e) Review of management plans

Not more than five years after the date of designation of any

national marine sanctuary, and thereafter at intervals not

exceeding five years, the Secretary shall evaluate the substantive

progress toward implementing the management plan and goals for the

sanctuary, especially the effectiveness of site-specific management

techniques and strategies, and shall revise the management plan and

regulations as necessary to fulfill the purposes and policies of

this chapter. This review shall include a prioritization of

management objectives.

(f) Limitation on designation of new sanctuaries

(1) Finding required

The Secretary may not publish in the Federal Register any

sanctuary designation notice or regulations proposing to

designate a new sanctuary, unless the Secretary has published a

finding that -

(A) the addition of a new sanctuary will not have a negative

impact on the System; and

(B) sufficient resources were available in the fiscal year in

which the finding is made to -

(i) effectively implement sanctuary management plans for

each sanctuary in the System; and

(ii) complete site characterization studies and inventory

known sanctuary resources, including cultural resources, for

each sanctuary in the System within 10 years after the date

that the finding is made if the resources available for those

activities are maintained at the same level for each fiscal

year in that 10 year period.

(2) Deadline

If the Secretary does not submit the findings required by

paragraph (1) before February 1, 2004, the Secretary shall submit

to the Congress before October 1, 2004, a finding with respect to

whether the requirements of subparagraphs (A) and (B) of

paragraph (1) have been met by all existing sanctuaries.

(3) Limitation on application

Paragraph (1) does not apply to any sanctuary designation

documents for -

(A) a Thunder Bay National Marine Sanctuary; or

(B) a Northwestern Hawaiian Islands National Marine

Sanctuary.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 304, Oct. 23, 1972, 86 Stat. 1063;

Pub. L. 94-62, Sec. 4, July 25, 1975, 89 Stat. 303; Pub. L. 94-326,

Sec. 4, June 30, 1976, 90 Stat. 725; Pub. L. 95-153, Sec. 3, Nov.

4, 1977, 91 Stat. 1255; Pub. L. 96-332, Sec. 3, Aug. 29, 1980, 94

Stat. 1059; Pub. L. 97-109, Dec. 26, 1981, 95 Stat. 1512; Pub. L.

98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2298; Pub. L.

100-627, title II, Sec. 202, Nov. 7, 1988, 102 Stat. 3214; Pub. L.

102-587, title II, Sec. 2104, Nov. 4, 1992, 106 Stat. 5041; Pub. L.

104-283, Sec. 9(h), Oct. 11, 1996, 110 Stat. 3368; Pub. L. 106-513,

Sec. 6(a)-(f), 19(a)(2), (b)(4), Nov. 13, 2000, 114 Stat.

2383-2385, 2392, 2393; Pub. L. 106-555, title II, Sec. 205(b), Dec.

21, 2000, 114 Stat. 2769; Pub. L. 106-562, title III, Sec. 307(a),

Dec. 23, 2000, 114 Stat. 2807.)

-REFTEXT-

REFERENCES IN TEXT

The Submerged Lands Act, referred to in subsec. (a)(2)(C)(iv), is

act May 22, 1953, ch. 65, 67 Stat. 29, as amended, which is

classified generally to subchapters I and II (Sec. 1301 et seq.,

1311 et seq.) of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1301 of Title 43, and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (a)(2)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

This Act, referred to in subsec. (b)(1), means Pub. L. 92-532,

which enacted this chapter, chapter 32A (Sec. 1447 et seq.) of this

title, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et

seq.) of Title 33, Navigation and Navigable Waters.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(1)(C). Pub. L. 106-555, Sec. 205(b)(1), struck

out ''the Secretary shall'' before ''submit a copy''.

Pub. L. 106-513, Sec. 6(a), amended subpar. (C) generally. Prior

to amendment, subpar. (C) required the Secretary to submit certain

documents to committees of the House and Senate.

Subsec. (a)(2). Pub. L. 106-513, Sec. 6(b), amended heading and

text of par. (2) generally. Prior to amendment, text read as

follows: ''The Secretary shall -

''(A) prepare a draft environmental impact statement, as

provided by the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), on the proposal that includes the resource

assessment report required under section 1433(b)(3) of this

title, maps depicting the boundaries of the proposed designated

area, and the existing and potential uses and resources of the

area; and

''(B) make copies of the draft environmental impact statement

available to the public.''

Subsec. (a)(2)(E). Pub. L. 106-555, Sec. 205(b)(2), substituted

''determinations'' for ''findings''.

Subsec. (a)(5). Pub. L. 106-513, Sec. 19(b)(4), substituted

''Magnuson-Stevens Act'' for ''Magnuson Act''.

Subsec. (a)(6). Pub. L. 106-513, Sec. 19(a)(2), substituted

''Resources'' for ''Merchant Marine and Fisheries''.

Subsec. (b)(2). Pub. L. 106-513, Sec. 6(c), inserted ''or

System'' after ''of the sanctuary''.

Subsec. (d)(4). Pub. L. 106-513, Sec. 6(d), added par. (4).

Subsec. (e). Pub. L. 106-513, Sec. 6(e), substituted ''management

techniques and strategies,'' for ''management techniques,'' and

inserted at end ''This review shall include a prioritization of

management objectives.''

Subsec. (f). Pub. L. 106-513, Sec. 6(f), added subsec. (f).

Subsec. (f)(2). Pub. L. 106-562 substituted ''subparagraphs (A)

and (B) of paragraph (1)'' for ''paragraph (2)''.

1996 - Subsec. (b)(3). Pub. L. 104-283 struck out ''(A)'' before

''In computing the forty-five-day'', redesignated cls. (i) and (ii)

as subpars. (A) and (B), respectively, adjusted margins, and struck

out former subpars. (B) and (C) which read as follows:

''(B) When the committee to which a joint resolution has been

referred has reported such a resolution, it shall at any time

thereafter be in order to move to proceed to the consideration of

the resolution. The motion shall be privileged and shall not be

debatable. An amendment to the motion shall not be in order, and

it shall not be in order to move to reconsider the vote by which

the motion was agreed to or disagreed to.

''(C) This subsection is enacted by Congress as an exercise of

the rulemaking power of each House of Congress, respectively, and

as such is deemed a part of the rules of each House, respectively,

but applicable only with respect to the procedure to be followed in

the case of resolutions described in this subsection. This

subsection supersedes other rules only to the extent that they are

inconsistent therewith, and is enacted with full recognition of the

constitutional right of either House to change the rules (so far as

those relate to the procedure of that House) at any time, in the

same manner, and to the same extent as in the case of any other

rule of such House.''

1992 - Subsec. (a)(1)(C). Pub. L. 102-587, Sec. 2104(a)(2),

substituted ''documents, including an executive summary, consisting

of - '' for ''a prospectus on the proposal which shall contain -

''.

Subsec. (a)(5). Pub. L. 102-587, Sec. 2104(a)(3), substituted

''Exclusive Economic Zone'' for ''United States Fishery

Conservation Zone'' and inserted at end ''The Secretary shall also

cooperate with other appropriate fishery management authorities

with rights or responsibilities within a proposed sanctuary at the

earliest practicable stage in drafting any sanctuary fishing

regulations.''

Subsec. (a)(6). Pub. L. 102-587, Sec. 2104(a)(1), substituted

''documents'' for ''prospectus'' wherever appearing.

Subsec. (b)(1). Pub. L. 102-587, Sec. 2104(b)(1), substituted at

end '', in the case of a national marine sanctuary that is located

partially or entirely within the seaward boundary of any State, the

Governor affected certifies to the Secretary that the designation

or any of its terms is unacceptable, in which case the designation

or the unacceptable term shall not take effect in the area of the

sanctuary lying within the seaward boundary of the State.'' for the

dash after ''unless'' and subpars. (A) and (B) which read as

follows:

''(A) the designation or any of its terms is disapproved by

enactment of a joint resolution of disapproval described in

paragraph (3); or

''(B) in the case of a natural marine sanctuary that is located

partially or entirely within the seaward boundary of any State, the

Governor affected certifies to the Secretary that the designation

or any of its terms is unacceptable, in which case the designation

or the unacceptable term shall not take effect in the area of the

sanctuary lying within the seaward boundary of the State.''

Subsec. (b)(2). Pub. L. 102-587, Sec. 2104(b)(2), substituted

''actions taken under paragraph (1)'' for ''actions taken under

paragraph (1)(A) or (B)'' and ''terms of the designation not

certified under paragraph (1)'' for ''terms of the designation not

disapproved under paragraph (1)(A) or not certified under paragraph

(1)(B)''.

Subsec. (b)(3), (4). Pub. L. 102-587, Sec. 2104(b)(3),

redesignated par. (4) as (3) and struck out former par. (3) which

defined a Congressional resolution of disapproval for purposes of

this subsection.

Subsec. (c)(1). Pub. L. 102-587, Sec. 2104(c), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''Nothing

in this chapter shall be construed as terminating or granting to

the Secretary the right to terminate any valid lease, permit,

license, or right of subsistence use or of access if the lease,

permit, license, or right -

''(A) was in existence on October 19, 1984, with respect to any

national marine sanctuary designated before that date; or

''(B) is in existence on the date of designation of any

national marine sanctuary, with respect to any national marine

sanctuary designated after October 19, 1984.''

Subsecs. (d), (e). Pub. L. 102-587, Sec. 2104(d), added subsecs.

(d) and (e).

1988 - Subsec. (b)(1). Pub. L. 100-627 inserted requirement that

notice be published in the Federal Register of proposed marine

sanctuary site designation within 30 months after notice of active

candidacy of site for sanctuary designation or that within such

period findings be published why notice has not been published.

1984 - Pub. L. 98-498 amended section generally, substituting

provisions relating to procedures for designation and

implementation of a marine sanctuary for provisions relating to

authorization of appropriations. See section 1438 of this title.

1981 - Pub. L. 97-109 inserted provisions authorizing

appropriations of not to exceed $2,235,000 for fiscal year 1982,

and not to exceed $2,235,000 for fiscal year 1983.

1980 - Pub. L. 96-332 inserted provisions authorizing

appropriations of not to exceed $2,250,000 for fiscal year 1981.

1977 - Pub. L. 95-153 inserted provision authorizing

appropriations not to exceed $500,000 for fiscal year 1978.

1976 - Pub. L. 94-326 inserted provision authorizing to be

appropriated not to exceed $500,000 for fiscal year 1977.

1975 - Pub. L. 94-62 substituted provisions authorizing to be

appropriated not to exceed $10,000,000 for each of fiscal years

1973, 1974, and 1975, for provisions authorizing to be appropriated

for fiscal year in which this Act was enacted and for next two

fiscal years thereafter not to exceed $10,000,000 for each such

fiscal year, and inserted provisions authorizing to be appropriated

not to exceed $6,200,000 for fiscal year 1976, and not to exceed

$1,550,000 for the transition period (July 1, through Sept. 30,

1976).

EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106-562, title III, Sec. 307(c), Dec. 23, 2000, 114 Stat.

2807, provided that: ''Subsection (a) (amending this section) shall

take effect January 1, 2001.''

Amendment by Pub. L. 106-555 effective immediately after the

National Marine Sanctuaries Amendments Act of 2000, Pub. L.

106-513, takes effect, see section 205(c) of Pub. L. 106-555, set

out as a note under section 1433 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1432, 1435 of this title.

-CITE-

16 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1435. Application of regulations; international negotiations

and cooperation

-STATUTE-

(a) Regulations

This chapter and the regulations issued under section 1434 of

this title shall be applied in accordance with generally recognized

principles of international law, and in accordance with treaties,

conventions, and other agreements to which the United States is a

party. No regulation shall apply to or be enforced against a

person who is not a citizen, national, or resident alien of the

United States, unless in accordance with -

(1) generally recognized principles of international law;

(2) an agreement between the United States and the foreign

state of which the person is a citizen; or

(3) an agreement between the United States and the flag state

of a foreign vessel, if the person is a crewmember of the vessel.

(b) Negotiations

The Secretary of State, in consultation with the Secretary, shall

take appropriate action to enter into negotiations with other

governments to make necessary arrangements for the protection of

any national marine sanctuary and to promote the purposes for which

the sanctuary is established.

The Secretary, in consultation with the Secretary of State and

other appropriate Federal agencies, shall cooperate with other

governments and international organizations in furtherance of the

purposes and policies of this chapter and consistent with

applicable regional and mutilateral arrangements for the protection

and management of special marine areas.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 305, as added Pub. L. 98-498,

title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L.

102-587, title II, Sec. 2105, Nov. 4, 1992, 106 Stat. 5043.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-587, Sec. 2105(b), substituted '';

international negotiations and cooperation'' for ''and

international negotiations'' in section catchline.

Subsec. (a). Pub. L. 102-587, Sec. 2105(a)(1), substituted ''This

chapter and the regulations'' for ''The regulations'' and inserted

''or be enforced against'' after ''apply to''.

Subsec. (c). Pub. L. 102-587, Sec. 2105(a)(2), added subsec. (c).

INTERNATIONAL COOPERATION

For direction that the Secretary of State seek effective

international action and cooperation through the development of

appropriate international rules and regulations in support of the

policy of this chapter and chapter 27 of Title 33, Navigation and

Navigable Waters, see section 1419 of Title 33.

-CITE-

16 USC Sec. 1436 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1436. Prohibited activities

-STATUTE-

It is unlawful for any person to -

(1) destroy, cause the loss of, or injure any sanctuary

resource managed under law or regulations for that sanctuary;

(2) possess, sell, offer for sale, purchase, import, export,

deliver, carry, transport, or ship by any means any sanctuary

resource taken in violation of this section;

(3) interfere with the enforcement of this chapter by -

(A) refusing to permit any officer authorized to enforce this

chapter to board a vessel, other than a vessel operated by the

Department of Defense or United States Coast Guard, subject to

such person's control for the purposes of conducting any search

or inspection in connection with the enforcement of this

chapter;

(B) resisting, opposing, impeding, intimidating, harassing,

bribing, interfering with, or forcibly assaulting any person

authorized by the Secretary to implement this chapter or any

such authorized officer in the conduct of any search or

inspection performed under this chapter; or

the Secretary or any officer authorized to enforce this chapter

in connection with any search or inspection conducted under

this chapter; or

(4) violate any provision of this chapter or any regulation or

permit issued pursuant to this chapter.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 306, as added Pub. L. 98-498,

title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L.

102-587, title II, Sec. 2106, Nov. 4, 1992, 106 Stat. 5043; Pub. L.

106-513, Sec. 7, Nov. 13, 2000, 114 Stat. 2386.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-513, Sec. 7(1), inserted ''for any person''

after ''unlawful'' in introductory provision.

Par. (2). Pub. L. 106-513, Sec. 7(2), inserted ''offer for sale,

purchase, import, export,'' after ''sell,''.

Par. (3). Pub. L. 106-513, Sec. 7(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

''interfere with the enforcement of this chapter; or''.

1992 - Pub. L. 102-587 amended section generally. Prior to

amendment, section read as follows: ''The Secretary shall conduct

research and educational programs as are necessary and reasonable

to carry out the purposes and policies of this chapter.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1437 of this title.

-CITE-

16 USC Sec. 1437 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1437. Enforcement

-STATUTE-

(a) In general

The Secretary shall conduct such enforcement activities as are

necessary and reasonable to carry out this chapter.

(b) Powers of authorized officers

Any person who is authorized to enforce this chapter may -

(1) board, search, inspect, and seize any vessel suspected of

being used to violate this chapter or any regulation or permit

issued under this chapter and any equipment, stores, and cargo of

such vessel;

(2) seize wherever found any sanctuary resource taken or

retained in violation of this chapter or any regulation or permit

issued under this chapter;

(3) seize any evidence of a violation of this chapter or of any

regulation or permit issued under this chapter;

(4) execute any warrant or other process issued by any court of

competent jurisdiction;

(5) exercise any other lawful authority; and

(6) arrest any person, if there is reasonable cause to believe

that such person has committed an act prohibited by section

1436(3) of this title.

(1) Offenses

A person is guilty of an offense under this subsection if the

person commits any act prohibited by section 1436(3) of this

title.

(2) Punishment

Any person that is guilty of an offense under this subsection -

(A) except as provided in subparagraph (B), shall be fined

under title 18, imprisoned for not more than 6 months, or both;

(B) in the case of a person who in the commission of such an

offense uses a dangerous weapon, engages in conduct that causes

bodily injury to any person authorized to enforce this chapter

or any person authorized to implement the provisions of this

chapter, or places any such person in fear of imminent bodily

injury, shall be fined under title 18, imprisoned for not more

than 10 years, or both.

(d) Civil penalties

(1) Civil penalty

Any person subject to the jurisdiction of the United States who

violates this chapter or any regulation or permit issued under

this chapter shall be liable to the United States for a civil

penalty of not more than $100,000 for each such violation, to be

assessed by the Secretary. Each day of a continuing violation

shall constitute a separate violation.

(2) Notice

No penalty shall be assessed under this subsection until after

the person charged has been given notice and an opportunity for a

hearing.

(3) In rem jurisdiction

A vessel used in violating this chapter or any regulation or

permit issued under this chapter shall be liable in rem for any

civil penalty assessed for such violation. Such penalty shall

constitute a maritime lien on the vessel and may be recovered in

an action in rem in the district court of the United States

having jurisdiction over the vessel.

(4) Review of civil penalty

Any person against whom a civil penalty is assessed under this

subsection may obtain review in the United States district court

for the appropriate district by filing a complaint in such court

not later than 30 days after the date of such order.

(5) Collection of penalties

If any person fails to pay an assessment of a civil penalty

under this section after it has become a final and unappealable

order, or after the appropriate court has entered final judgment

in favor of the Secretary, the Secretary shall refer the matter

to the Attorney General, who shall recover the amount assessed in

any appropriate district court of the United States. In such

action, the validity and appropriateness of the final order

imposing the civil penalty shall not be subject to review.

(6) Compromise or other action by Secretary

The Secretary may compromise, modify, or remit, with or without

conditions, any civil penalty which is or may be imposed under

this section.

(e) Forfeiture

(1) In general

Any vessel (including the vessel's equipment, stores, and

cargo) and other item used, and any sanctuary resource taken or

retained, in any manner, in connection with or as a result of any

violation of this chapter or of any regulation or permit issued

under this chapter shall be subject to forfeiture to the United

States pursuant to a civil proceeding under this subsection. The

proceeds from forfeiture actions under this subsection shall

constitute a separate recovery in addition to any amounts

recovered as civil penalties under this section or as civil

damages under section 1443 of this title. None of those proceeds

shall be subject to set-off.

(2) Application of the customs laws

The Secretary may exercise the authority of any United States

official granted by any relevant customs law relating to the

seizure, forfeiture, condemnation, disposition, remission, and

mitigation of property in enforcing this chapter.

(3) Disposal of sanctuary resources

Any sanctuary resource seized pursuant to this chapter may be

disposed of pursuant to an order of the appropriate court, or, if

perishable, in a manner prescribed by regulations promulgated by

the Secretary. Any proceeds from the sale of such sanctuary

resource shall for all purposes represent the sanctuary resource

so disposed of in any subsequent legal proceedings.

(4) Presumption

For the purposes of this section there is a rebuttable

presumption that all sanctuary resources found on board a vessel

that is used or seized in connection with a violation of this

chapter or of any regulation or permit issued under this chapter

were taken or retained in violation of this chapter or of a

regulation or permit issued under this chapter.

(f) Payment of storage, care, and other costs

(1) Expenditures

(A) Notwithstanding any other law, amounts received by the

United States as civil penalties, forfeitures of property, and

costs imposed under paragraph (2) shall be retained by the

Secretary in the manner provided for in section 9607(f)(1) of

title 42.

(B) Amounts received under this section for forfeitures and

costs imposed under paragraph (2) shall be used to pay the

reasonable and necessary costs incurred by the Secretary to

provide temporary storage, care, maintenance, and disposal of any

sanctuary resource or other property seized in connection with a

violation of this chapter or any regulation or permit issued

under this chapter.

any amounts remaining after the operation of subparagraph (B)

shall be used, in order of priority, to -

(i) manage and improve the national marine sanctuary with

respect to which the violation occurred that resulted in the

penalty or forfeiture;

(ii) pay a reward to any person who furnishes information

leading to an assessment of a civil penalty, or to a forfeiture

of property, for a violation of this chapter or any regulation

or permit issued under this chapter; and

(iii) manage and improve any other national marine sanctuary.

(2) Liability for costs

Any person assessed a civil penalty for a violation of this

chapter or of any regulation or permit issued under this chapter,

and any claimant in a forfeiture action brought for such a

violation, shall be liable for the reasonable costs incurred by

the Secretary in storage, care, and maintenance of any sanctuary

resource or other property seized in connection with the

violation.

(g) Subpoenas

In the case of any hearing under this section which is determined

on the record in accordance with the procedures provided for under

section 554 of title 5, the Secretary may issue subpoenas for the

attendance and testimony of witnesses and the production of

relevant papers, books, electronic files, and documents, and may

administer oaths.

(h) Use of resources of State and other Federal agencies

The Secretary shall, whenever appropriate, use by agreement the

personnel, services, and facilities of State and other Federal

departments, agencies, and instrumentalities, on a reimbursable or

nonreimbursable basis, to carry out the Secretary's

responsibilities under this section.

(i) Coast Guard authority not limited

Nothing in this section shall be considered to limit the

authority of the Coast Guard to enforce this or any other Federal

law under section 89 of title 14.

(j) Injunctive relief

If the Secretary determines that there is an imminent risk of

destruction or loss of or injury to a sanctuary resource, or that

there has been actual destruction or loss of, or injury to, a

sanctuary resource which may give rise to liability under section

1443 of this title, the Attorney General, upon request of the

Secretary, shall seek to obtain such relief as may be necessary to

abate such risk or actual destruction, loss, or injury, or to

restore or replace the sanctuary resource, or both. The district

courts of the United States shall have jurisdiction in such a case

to order such relief as the public interest and the equities of the

case may require.

(k) Area of application and enforceability

The area of application and enforceability of this chapter

includes the territorial sea of the United States, as described in

Presidential Proclamation 5928 of December 27, 1988, which is

subject to the sovereignty of the United States, and the United

States exclusive economic zone, consistent with international law.

(l) Nationwide service of process

In any action by the United States under this chapter, process

may be served in any district where the defendant is found,

resides, transacts business, or has appointed an agent for the

service of process.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 307, as added Pub. L. 98-498,

title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L.

100-627, title II, Sec. 207, Nov. 7, 1988, 102 Stat. 3219; Pub. L.

102-587, title II, Sec. 2107(a)-(c), (e), Nov. 4, 1992, 106 Stat.

5043, 5044; Pub. L. 104-283, Sec. 9(c), Oct. 11, 1996, 110 Stat.

3367; Pub. L. 106-513, Sec. 8, Nov. 13, 2000, 114 Stat. 2387.)

-REFTEXT-

REFERENCES IN TEXT

Presidential Proclamation 5928 of December 27, 1988, referred to

in subsec. (k), is set out as a note under section 1331 of Title

43, Public Lands.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(6). Pub. L. 106-513, Sec. 8(a), added par.

(6).

Subsecs. (c) to (f). Pub. L. 106-513, Sec. 8(b), added subsec.

respectively. Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 106-513, Sec. 8(b), (c), redesignated

subsec. (f) as (g) and inserted ''electronic files,'' after

''books,''. Former subsec. (g) redesignated (h).

Subsecs. (h) to (k). Pub. L. 106-513, Sec. 8(b), redesignated

subsecs. (g) to (j) as (h) to (k), respectively.

Subsec. (l). Pub. L. 106-513, Sec. 8(c), added subsec. (l).

1996 - Subsec. (e)(1)(A). Pub. L. 104-283 made technical

amendment to reference in original act which appears in text as

reference to section 9607(f)(1) of title 42.

1992 - Subsec. (c)(1). Pub. L. 102-587, Sec. 2107(a)(1),

substituted ''$100,000'' for ''$50,000''.

Subsec. (c)(3). Pub. L. 102-587, Sec. 2107(a)(2), struck out

''and may be proceeded against in any district court of the United

States having jurisdiction'' after ''assessed for such violation''

and inserted at end ''Such penalty shall constitute a maritime lien

on the vessel and may be recovered in an action in rem in the

district court of the United States having jurisdiction over the

vessel.''

Subsec. (d)(1). Pub. L. 102-587, Sec. 2107(b), inserted at end

''The proceeds from forfeiture actions under this subsection shall

constitute a separate recovery in addition to any amounts recovered

as civil penalties under this section or as civil damages under

section 1443 of this title. None of those proceeds shall be

subject to set-off.''

Subsec. (e)(1). Pub. L. 102-587, Sec. 2107(c), added par. (1) and

struck out former par. (1) which read as follows: ''In general. -

Notwithstanding any other law, the Secretary may use amounts

received under this section in the form of civil penalties,

forfeitures of property, and costs imposed under paragraph (2) to

pay -

''(A) the reasonable and necessary costs incurred by the

Secretary in providing temporary storage, care, and maintenance

of any sanctuary resource or other property seized under this

section pending disposition of any civil proceeding relating to

any alleged violation with respect to which such property or

sanctuary resource was seized; and

''(B) a reward to any person who furnishes information leading

to an assessment of a civil penalty, or to a forfeiture of

property, for a violation of this chapter or of any regulation or

permit issued under this chapter.''

Subsec. (j). Pub. L. 102-587, Sec. 2107(e), added subsec. (j).

1988 - Pub. L. 100-627 amended section generally, substituting

provisions consisting of subsecs. (a) to (i) relating to

enforcement activities in general, powers of authorized officers,

civil penalties, forfeiture, payment of storage, care, and other

costs, subpoenas, use of resources of State and other Federal

agencies, Coast Guard authority, and injunctive relief for former

provisions consisting of subsecs. (a) to (c) relating to

enforcement activities in general, civil penalties, and

jurisdiction.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY REGULATIONS

Pub. L. 102-241, Sec. 51, Dec. 19, 1991, 105 Stat. 2227, directed

Secretary of Transportation and Secretary of Commerce, not later

than one year after Dec. 19, 1991, to submit to Congress a joint

report describing methods by which Coast Guard enforcement efforts

under the Marine Protection, Research, and Sanctuaries Act of 1972

(16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801

et seq.) could be enhanced and coordinated with those of the

National Oceanic and Atmospheric Administration.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1441 of this title.

-CITE-

16 USC Sec. 1438 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1438. Repealed. Pub. L. 100-627, title II, Sec. 203(1), Nov.

7, 1988, 102 Stat. 3214

-MISC1-

Section, Pub. L. 92-532, title III, Sec. 308, as added Pub. L.

98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2303, authorized

appropriations for fiscal years 1985 to 1988.

-CITE-

16 USC Sec. 1439 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1439. Regulations

-STATUTE-

The Secretary may issue such regulations as may be necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 308, formerly Sec. 309, as added

Pub. L. 98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2303;

renumbered Sec. 308, Pub. L. 100-627, title II, Sec. 203(2), Nov.

7, 1988, 102 Stat. 3214; Pub. L. 106-513, Sec. 9, Nov. 13, 2000,

114 Stat. 2387.)

-MISC1-

PRIOR PROVISIONS

A prior section 308 of Pub. L. 92-532 was classified to section

1438 of this title, prior to repeal by section 203(1) of Pub. L.

100-627.

AMENDMENTS

2000 - Pub. L. 106-513 amended section catchline and text

generally. Prior to amendment, text read as follows: ''If any

provision of this Act or the application thereof to any person or

circumstances is held invalid, the validity of the remainder of

this Act and of the application of such provision to other persons

and circumstances shall not be affected thereby.''

-CITE-

16 USC Sec. 1440 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1440. Research, monitoring, and education

-STATUTE-

(a) In general

The Secretary shall conduct, support, or coordinate research,

monitoring, evaluation, and education programs consistent with

subsections (b) and (c) of this section and the purposes and

policies of this chapter.

(b) Research and monitoring

(1) In general

The Secretary may -

(A) support, promote, and coordinate research on, and

long-term monitoring of, sanctuary resources and natural

processes that occur in national marine sanctuaries, including

exploration, mapping, and environmental and socioeconomic

assessment;

(B) develop and test methods to enhance degraded habitats or

restore damaged, injured, or lost sanctuary resources; and

conservation, curation, and public display of, the cultural,

archeological, and historical resources of national marine

sanctuaries.

(2) Availability of results

The results of research and monitoring conducted, supported, or

permitted by the Secretary under this subsection shall be made

available to the public.

(1) In general

The Secretary may support, promote, and coordinate efforts to

enhance public awareness, understanding, and appreciation of

national marine sanctuaries and the System. Efforts supported,

promoted, or coordinated under this subsection must emphasize the

conservation goals and sustainable public uses of national marine

sanctuaries and the System.

(2) Educational activities

Activities under this subsection may include education of the

general public, teachers, students, national marine sanctuary

users, and ocean and coastal resource managers.

(d) Interpretive facilities

(1) In general

The Secretary may develop interpretive facilities near any

national marine sanctuary.

(2) Facility requirement

Any facility developed under this subsection must emphasize the

conservation goals and sustainable public uses of national marine

sanctuaries by providing the public with information about the

conservation, recreational, ecological, historical, cultural,

archeological, scientific, educational, or esthetic qualities of

the national marine sanctuary.

(e) Consultation and coordination

In conducting, supporting, and coordinating research, monitoring,

evaluation, and education programs under subsection (a) of this

section and developing interpretive facilities under subsection (d)

of this section, the Secretary may consult or coordinate with

Federal, interstate, or regional agencies, States or local

governments.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 309, as added Pub. L. 100-627,

title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub.

L. 102-587, title II, Sec. 2108, Nov. 4, 1992, 106 Stat. 5045; Pub.

L. 106-513, Sec. 10, Nov. 13, 2000, 114 Stat. 2388.)

-MISC1-

PRIOR PROVISIONS

A prior section 309 of Pub. L. 92-532 was renumbered section 308

and is classified to section 1439 of this title.

AMENDMENTS

2000 - Pub. L. 106-513 amended section catchline and text

generally. Prior to amendment, text read as follows:

''(a) In general. - The Secretary shall conduct research,

monitoring, evaluation, and education programs as are necessary and

reasonable to carry out the purposes and policies of this chapter.

''(b) Promotion and Coordination of Sanctuary Use. - The

Secretary shall take such action as is necessary and reasonable to

promote and coordinate the use of national marine sanctuaries for

research, monitoring, and education purposes. Such action may

include consulting with Federal agencies, States, local

governments, regional agencies, interstate agencies, or other

persons to promote use of one or more sanctuaries for research,

monitoring, and education, including coordination with the National

Estuarine Research Reserve System.''

1992 - Pub. L. 102-587 amended section generally. Prior to

amendment, section read as follows: ''The Secretary shall take such

action as is necessary to promote and coordinate the use of

national marine sanctuaries for research purposes, including -

''(1) requiring that the National Oceanic and Atmospheric

Administration, in conducting or supporting marine research, give

priority to research involving national marine sanctuaries; and

''(2) consulting with other Federal and State agencies to

promote use by such agencies of one or more sanctuaries for

marine research.''

-CITE-

16 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1441. Special use permits

-STATUTE-

(a) Issuance of permits

The Secretary may issue special use permits which authorize the

conduct of specific activities in a national marine sanctuary if

the Secretary determines such authorization is necessary -

(1) to establish conditions of access to and use of any

sanctuary resource; or

(2) to promote public use and understanding of a sanctuary

resource.

(b) Public notice required

The Secretary shall provide appropriate public notice before

identifying any category of activity subject to a special use

permit under subsection (a) of this section.

A permit issued under this section -

(1) shall authorize the conduct of an activity only if that

activity is compatible with the purposes for which the sanctuary

is designated and with protection of sanctuary resources;

(2) shall not authorize the conduct of any activity for a

period of more than 5 years unless renewed by the Secretary;

(3) shall require that activities carried out under the permit

be conducted in a manner that does not destroy, cause the loss

of, or injure sanctuary resources; and

(4) shall require the permittee to purchase and maintain

comprehensive general liability insurance, or post an equivalent

bond, against claims arising out of activities conducted under

the permit and to agree to hold the United States harmless

against such claims.

(d) Fees

(1) Assessment and collection

The Secretary may assess and collect fees for the conduct of

any activity under a permit issued under this section.

(2) Amount

The amount of a fee under this subsection shall be equal to the

sum of -

(A) costs incurred, or expected to be incurred, by the

Secretary in issuing the permit;

(B) costs incurred, or expected to be incurred, by the

Secretary as a direct result of the conduct of the activity for

which the permit is issued, including costs of monitoring the

conduct of the activity; and

use of the sanctuary resource.

(3) Use of fees

Amounts collected by the Secretary in the form of fees under

this section may be used by the Secretary -

(A) for issuing and administering permits under this section;

and

(B) for expenses of managing national marine sanctuaries.

(4) Waiver or reduction of fees

The Secretary may accept in-kind contributions in lieu of a fee

under paragraph (2)(C), or waive or reduce any fee assessed under

this subsection for any activity that does not derive profit from

the access to or use of sanctuary resources.

(e) Violations

Upon violation of a term or condition of a permit issued under

this section, the Secretary may -

(1) suspend or revoke the permit without compensation to the

permittee and without liability to the United States;

(2) assess a civil penalty in accordance with section 1437 of

this title; or

(3) both.

(f) Reports

Each person issued a permit under this section shall submit an

annual report to the Secretary not later than December 31 of each

year which describes activities conducted under that permit and

revenues derived from such activities during the year.

(g) Fishing

Nothing in this section shall be considered to require a person

to obtain a permit under this section for the conduct of any

fishing activities in a national marine sanctuary.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 310, as added Pub. L. 100-627,

title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3214; amended Pub.

L. 106-513, Sec. 11, Nov. 13, 2000, 114 Stat. 2389.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-513, Sec. 11(1), added subsec.

(b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106-513, Sec. 11(1), (2), redesignated

subsec. (b) as (c) and substituted ''insurance, or post an

equivalent bond,'' for ''insurance'' in par. (4). Former subsec.

Subsec. (d). Pub. L. 106-513, Sec. 11(1), redesignated subsec.

Subsec. (d)(2)(C). Pub. L. 106-513, Sec. 11(3), substituted

''resource.'' for ''resource and a reasonable return to the United

States Government.''

Subsec. (d)(3)(B). Pub. L. 106-513, Sec. 11(4), struck out

''designating and'' after ''expenses of''.

Subsec. (d)(4). Pub. L. 106-513, Sec. 11(5), added par. (4).

Subsecs. (e) to (g). Pub. L. 106-513, Sec. 11(1), redesignated

subsecs. (d) to (f) as (e) to (g), respectively.

-CITE-

16 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1442. Cooperative agreements, donations, and acquisitions

-STATUTE-

(a) Agreements and grants

The Secretary may enter into cooperative agreements, contracts,

or other agreements with, or make grants to, States, local

governments, regional agencies, interstate agencies, or other

persons to carry out the purposes and policies of this chapter.

(b) Authorization to solicit donations

The Secretary may enter into such agreements with any nonprofit

organization authorizing the organization to solicit private

donations to carry out the purposes and policies of this chapter.

The Secretary may accept donations of funds, property, and

services for use in designating and administering national marine

sanctuaries under this chapter. Donations accepted under this

section shall be considered as a gift or bequest to or for the use

of the United States.

(d) Acquisitions

The Secretary may acquire by purchase, lease, or exchange, any

land, facilities, or other property necessary and appropriate to

carry out the purposes and policies of this chapter.

(e) Use of resources of other government agencies

The Secretary may, whenever appropriate, enter into an agreement

with a State or other Federal agency to use the personnel,

services, or facilities of such agency on a reimbursable or

nonreimbursable basis, to assist in carrying out the purposes and

policies of this chapter.

(f) Authority to obtain grants

Notwithstanding any other provision of law that prohibits a

Federal agency from receiving assistance, the Secretary may apply

for, accept, and use grants from other Federal agencies, States,

local governments, regional agencies, interstate agencies,

foundations, or other persons, to carry out the purposes and

policies of this chapter.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 311, as added Pub. L. 100-627,

title II, Sec. 203(3), Nov. 7, 1988, 102 Stat. 3215; amended Pub.

L. 102-587, title II, Sec. 2109, Nov. 4, 1992, 106 Stat. 5045; Pub.

L. 104-283, Sec. 9(d), Oct. 11, 1996, 110 Stat. 3367; Pub. L.

106-513, Sec. 12, Nov. 13, 2000, 114 Stat. 2389.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-513, Sec. 12(a), amended heading

and text of subsec. (a) generally. Prior to amendment, text read

as follows: ''The Secretary may enter into cooperative agreements,

financial agreements, grants, contracts, or other agreements with

States, local governments, regional agencies, interstate agencies,

or other persons to carry out the purposes and policies of this

chapter.''

Subsecs. (e), (f). Pub. L. 106-513, Sec. 12(b), added subsecs.

(e) and (f).

1996 - Pub. L. 104-283 made technical amendment to directory

language of Pub. L. 102-587. See 1992 Amendment note below.

1992 - Pub. L. 102-587, as amended by Pub. L. 104-283, amended

section generally. Prior to amendment, section read as follows:

''(a) Cooperative Agreements. - The Secretary may enter into

cooperative agreements with any nonprofit organization -

''(1) to aid and promote interpretive, historical, scientific,

and educational activities; and

''(2) for the solicitation of private donations for the support

of such activities.

''(b) Donations. - The Secretary may accept donations of funds,

property, and services for use in designating and administering

national marine sanctuaries under this chapter.''

ENHANCING SUPPORT FOR NATIONAL MARINE SANCTUARIES

Section 2204 of title II of Pub. L. 102-587, which was formerly

set out as a note under this section, was renumbered section 316 of

Pub. L. 92-532, The National Marine Sanctuaries Act, by Pub. L.

104-283, Sec. 6(a), Oct. 11, 1996, 110 Stat. 3364, and is

classified to section 1445b of this title.

-CITE-

16 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1443. Destruction or loss of, or injury to, sanctuary

resources

-STATUTE-

(a) Liability

(1) Liability to United States

Any person who destroys, causes the loss of, or injures any

sanctuary resource is liable to the United States for an amount

equal to the sum of -

(A) the amount of response costs and damages resulting from

the destruction, loss, or injury; and

(B) interest on that amount calculated in the manner

described under section 2705 of title 33.

(2) Liability in rem

Any vessel used to destroy, cause the loss of, or injure any

sanctuary resource shall be liable in rem to the United States

for response costs and damages resulting from such destruction,

loss, or injury. The amount of that liability shall constitute a

maritime lien on the vessel and may be recovered in an action in

rem in any district court of the United States that has

jurisdiction over the vessel.

(3) Defenses

A person is not liable under this subsection if that person

establishes that -

(A) the destruction or loss of, or injury to, the sanctuary

resource was caused solely by an act of God, an act of war, or

an act or omission of a third party, and the person acted with

due care;

(B) the destruction, loss, or injury was caused by an

activity authorized by Federal or State law; or

(4) Limits to liability

Nothing in sections 181 to 188 (FOOTNOTE 1) of title 46,

Appendix, or section 192 of title 46, Appendix, shall limit the

liability of any person under this chapter.

(FOOTNOTE 1) See References in Text note below.

(b) Response actions and damage assessment

(1) Response actions

The Secretary may undertake or authorize all necessary actions

to prevent or minimize the destruction or loss of, or injury to,

sanctuary resources, or to minimize the imminent risk of such

destruction, loss, or injury.

(2) Damage assessment

The Secretary shall assess damages to sanctuary resources in

accordance with section 1432(6) of this title.

(1) The Attorney General, upon request of the Secretary, may

commence a civil action against any person or vessel who may be

liable under subsection (a) of this section for response costs and

damages. The Secretary, acting as trustee for sanctuary resources

for the United States, shall submit a request for such an action to

the Attorney General whenever a person may be liable for such costs

or damages.

(2) An action under this subsection may be brought in the United

States district court for any district in which -

(A) the defendant is located, resides, or is doing business, in

the case of an action against a person;

(B) the vessel is located, in the case of an action against a

vessel; or

resource occurred.

(d) Use of recovered amounts

Response costs and damages recovered by the Secretary under this

section shall be retained by the Secretary in the manner provided

for in section 9607(f)(1) of title 42, and used as follows:

(1) Response costs

Amounts recovered by the United States for costs of response

actions and damage assessments under this section shall be used,

as the Secretary considers appropriate -

(A) to reimburse the Secretary or any other Federal or State

agency that conducted those activities; and

(B) after reimbursement of such costs, to restore, replace,

or acquire the equivalent of any sanctuary resource.

(2) Other amounts

All other amounts recovered shall be used, in order of priority

(A) to restore, replace, or acquire the equivalent of the

sanctuary resources that were the subject of the action,

including for costs of monitoring and the costs of curation and

conservation of archeological, historical, and cultural

sanctuary resources;

(B) to restore degraded sanctuary resources of the national

marine sanctuary that was the subject of the action, giving

priority to sanctuary resources and habitats that are

comparable to the sanctuary resources that were the subject of

the action; and

marine sanctuaries.

(3) Federal-State coordination

Amounts recovered under this section with respect to sanctuary

resources lying within the jurisdiction of a State shall be used

under paragraphs (2)(A) and (B) in accordance with the court

decree or settlement agreement and an agreement entered into by

the Secretary and the Governor of that State.

(e) Statute of limitations

An action for response costs or damages under subsection (c) of

this section shall be barred unless the complaint is filed within 3

years after the date on which the Secretary completes a damage

assessment and restoration plan for the sanctuary resources to

which the action relates.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 312, as added Pub. L. 100-627,

title II, Sec. 204(a), Nov. 7, 1988, 102 Stat. 3215; amended Pub.

L. 102-587, title II, Sec. 2107(d), 2110, Nov. 4, 1992, 106 Stat.

5044, 5045; Pub. L. 104-283, Sec. 9(e), Oct. 11, 1996, 110 Stat.

3367; Pub. L. 106-513, Sec. 13, 19(c), Nov. 13, 2000, 114 Stat.

2389, 2393.)

-REFTEXT-

REFERENCES IN TEXT

Sections 181 to 188 of title 46, Appendix, referred to in subsec.

(a)(4), was in the original a reference to sections 4281 to 4289 of

the Revised Statutes of the United States. Section 4288 of the

Revised Statutes was classified to section 175 of former Title 46,

Shipping, and was repealed by act Oct. 9, 1940, ch. 777, Sec. 7, 54

Stat. 1028.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-513, Sec. 19(c), amended par.

(1) heading.

Subsec. (c). Pub. L. 106-513, Sec. 13(a), designated existing

provisions as par. (1), struck out ''in the United States district

court for the appropriate district'' after ''civil action'', and

added par. (2).

Subsec. (d)(1), (2). Pub. L. 106-513, Sec. 13(b), added pars. (1)

and (2) and struck out former pars. (1) and (2) which read as

follows:

''(1) Response costs and damage assessments. - Twenty percent of

amounts recovered under this section, up to a maximum balance of

$750,000, shall be used to finance response actions and damage

assessments by the Secretary.

''(2) Restoration, replacement, management, and improvement. -

Amounts remaining after the operation of paragraph (1) shall be

used, in order of priority -

''(A) to restore, replace, or acquire the equivalent of the

sanctuary resources which were the subject of the action;

''(B) to manage and improve the national marine sanctuary

within which are located the sanctuary resources which were the

subject of the action; and

''(C) to manage and improve any other national marine

sanctuary.''

Subsec. (e). Pub. L. 106-513, Sec. 13(c), added subsec. (e).

1996 - Subsec. (b)(1). Pub. L. 104-283 made technical amendment

to directory language of Pub. L. 102-587, Sec. 2110(d). See 1992

Amendment note below.

1992 - Subsec. (a)(1). Pub. L. 102-587, Sec. 2110(a), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''In general. - Subject to paragraph (3), any person who destroys,

causes the loss of, or injures any sanctuary resource is liable to

the United States for response costs and damages resulting from

such destruction, loss, or injury.''

Subsec. (a)(2). Pub. L. 102-587, Sec. 2110(b), inserted at end

''The amount of that liability shall constitute a maritime lien on

the vessel and may be recovered in an action in rem in any district

court of the United States that has jurisdiction over the vessel.''

Subsec. (a)(4). Pub. L. 102-587, Sec. 2110(c), added par. (4).

Subsec. (b)(1). Pub. L. 102-587, Sec. 2110(d), as amended by Pub.

L. 104-283, inserted ''or authorize'' after ''undertake''.

Subsec. (d). Pub. L. 102-587, Sec. 2107(d)(1), struck out ''and

civil penalties under section 1437 of this title'' after

''Secretary under this section''.

Subsec. (d)(3), (4). Pub. L. 102-587, Sec. 2107(d)(2), 2110(e),

redesignated par. (4) as (3), inserted ''the court decree or

settlement agreement and'' after ''in accordance with'', and struck

out former par. (3) which read as follows: ''Amounts recovered

under section 1437 of this title in the form of civil penalties

shall be used by the Secretary in accordance with section 1437(e)

of this title and paragraphs (2)(B) and (C) of this subsection.''

EFFECTIVE DATE

Section 204(c) of Pub. L. 100-627 provided that: ''Amounts in the

form of damages received by the United States after November 30,

1986, for destruction or loss of, or injury to, a sanctuary

resource (as that term is defined in section 302(8) of the Act (16

U.S.C. 1432(8)) (as amended by this Act)) shall be subject to

section 312 of the Act (16 U.S.C. 1443) (as amended by this Act).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1432, 1437 of this title.

-CITE-

16 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1444. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary -

(1) to carry out this chapter -

(A) $32,000,000 for fiscal year 2001;

(B) $34,000,000 for fiscal year 2002;

(D) $38,000,000 for fiscal year 2004;

(E) $40,000,000 for fiscal year 2005; and

(2) for construction projects at national marine sanctuaries,

$6,000,000 for each of fiscal years 2001, 2002, 2003, 2004, and

2005.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 313, as added Pub. L. 100-627,

title II, Sec. 208, Nov. 7, 1988, 102 Stat. 3221; amended Pub. L.

101-605, Sec. 10(a), Nov. 16, 1990, 104 Stat. 3095; Pub. L.

102-587, title II, Sec. 2111, Nov. 4, 1992, 106 Stat. 5046; Pub. L.

104-283, Sec. 3, Oct. 11, 1996, 110 Stat. 3363; Pub. L. 106-513,

Sec. 14, Nov. 13, 2000, 114 Stat. 2390.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-513 amended section generally, substituting

provisions authorizing appropriations to carry out this chapter for

fiscal years 2001 to 2005 for provisions authorizing such

appropriations for fiscal years 1997 to 1999.

1996 - Pub. L. 104-283 amended section generally, substituting

provisions authorizing appropriations to carry out this chapter for

fiscal years 1997 to 1999 for provisions authorizing such

appropriations for fiscal years 1993 to 1996.

1992 - Pub. L. 102-587 amended section generally, substituting

provisions relating to authorization of appropriations for fiscal

years 1993 to 1996 to carry out this chapter for provisions

relating to authorization of appropriations for fiscal years 1989

to 1992 to carry out general administration, management of national

marine sanctuaries and site review and analysis of national marine

sanctuaries of this chapter.

1990 - Par. (2)(C). Pub. L. 101-605 substituted ''$4,000,000''

for ''$3,000,000''.

-CITE-

16 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1445. U.S.S. Monitor artifacts and materials

-STATUTE-

(a) Congressional policy

In recognition of the historical significance of the wreck of the

United States ship Monitor to coastal North Carolina and to the

area off the coast of North Carolina known as the Graveyard of the

Atlantic, the Congress directs that a suitable display of artifacts

and materials from the United States ship Monitor be maintained

permanently at an appropriate site in coastal North Carolina.

(b) Disclaimer

This section shall not affect the following:

(1) Responsibilities of Secretary

The responsibilities of the Secretary to provide for the

protection, conservation, and display of artifacts and materials

from the United States ship Monitor.

(2) Authority of Secretary

The authority of the Secretary to designate the Mariner's

Museum, located at Newport News, Virginia, as the principal

museum for coordination of activities referred to in paragraph

(1).

-SOURCE-

(Pub. L. 92-532, title III, Sec. 314, as added Pub. L. 100-627,

title II, Sec. 208, Nov. 7, 1988, 102 Stat. 3222; amended Pub. L.

106-513, Sec. 15, Nov. 13, 2000, 114 Stat. 2391.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (b), (c). Pub. L. 106-513 redesignated subsec.

Secretary to submit a plan for a suitable display in coastal North

Carolina of artifacts and materials of the United States ship

Monitor.

MANAGEMENT, RECOVERY, AND PRESERVATION PLAN FOR U.S.S. MONITOR

Pub. L. 104-283, Sec. 4, Oct. 11, 1996, 110 Stat. 3363, provided

that: ''The Secretary of Commerce shall, within 12 months after the

date of the enactment of this Act (Oct. 11, 1996), prepare and

submit to the Committee on Resources of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a long-range, comprehensive plan for

the management, stabilization, preservation, and recovery of

artifacts and materials of the U.S.S. MONITOR. In preparing and

implementing the plan, the Secretary shall to the extent feasible

utilize the resources of other Federal and private entities with

expertise and capabilities that are helpful.''

GRAVEYARD OF THE ATLANTIC ARTIFACTS

Pub. L. 102-587, title II, Sec. 2201, Nov. 4, 1992, 106 Stat.

5047, provided that:

''(a) Acquisition of Space. - Pursuant to section 314 of the

Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.

1445) and consistent with the Cooperative Agreement entered into in

October, 1989, between the National Oceanic and Atmospheric

Administration and the Mariner's Museum of Newport News, Virginia,

the Secretary of Commerce shall make a grant for the acquisition of

space in Hatteras Village, North Carolina, for -

''(1) the display and interpretation of artifacts recovered

from the area of the Atlantic Ocean adjacent to North Carolina

generally known as the Graveyard of the Atlantic, including

artifacts recovered from the Monitor National Marine Sanctuary;

and

''(2) administration and operations of the Monitor National

Marine Sanctuary.

''(b) Authorization. - To carry out the responsibilities of the

Secretary of Commerce under this section, there are authorized to

be appropriated to the Secretary of Commerce a total of $800,000

for fiscal years 1993 and 1994, to remain available until expended.

''(c) Federal Share. - Not more than two-thirds of the cost of

space acquired under this section may be paid with amounts provided

pursuant to this section.''

-CITE-

16 USC Sec. 1445a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1445a. Advisory Councils

-STATUTE-

(a) Establishment

The Secretary may establish one or more advisory councils (in

this section referred to as an ''Advisory Council'') to advise and

make recommendations to the Secretary regarding the designation and

management of national marine sanctuaries. The Advisory Councils

shall be exempt from the Federal Advisory Committee Act.

(b) Membership

Members of the Advisory Councils may be appointed from among -

(1) persons employed by Federal or State agencies with

expertise in management of natural resources;

(2) members of relevant Regional Fishery Management Councils

established under section 1852 of this title; and

(3) representatives of local user groups, conservation and

other public interest organizations, scientific organizations,

educational organizations, or others interested in the protection

and multiple use management of sanctuary resources.

For sanctuaries designated after November 4, 1992, the membership

of Advisory Councils shall be limited to no more than 15 members.

(d) Staffing and assistance

The Secretary may make available to an Advisory Council any

staff, information, administrative services, or assistance the

Secretary determines are reasonably required to enable the Advisory

Council to carry out its functions.

(e) Public participation and procedural matters

The following guidelines apply with respect to the conduct of

business meetings of an Advisory Council:

(1) Each meeting shall be open to the public, and interested

persons shall be permitted to present oral or written statements

on items on the agenda.

(2) Emergency meetings may be held at the call of the chairman

or presiding officer.

(3) Timely notice of each meeting, including the time, place,

and agenda of the meeting, shall be published locally and in the

Federal Register, except that in the case of a meeting of an

Advisory Council established to provide assistance regarding any

individual national marine sanctuary the notice is not required

to be published in the Federal Register.

(4) Minutes of each meeting shall be kept and contain a summary

of the attendees and matters discussed.

-SOURCE-

(Pub. L. 92-532, title III, Sec. 315, as added Pub. L. 102-587,

title II, Sec. 2112, Nov. 4, 1992, 106 Stat. 5046; amended Pub. L.

104-283, Sec. 5, 9(f), Oct. 11, 1996, 110 Stat. 3363, 3368; Pub. L.

106-513, Sec. 16, 19(b)(5), Nov. 13, 2000, 114 Stat. 2391, 2393.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-513, Sec. 16, substituted

''advise and make recommendations'' for ''provide assistance''.

Subsec. (b)(2). Pub. L. 106-513, Sec. 19(b)(5), made technical

amendment to reference in original act which appears in text as

reference to section 1852 of this title.

1996 - Pub. L. 104-283, Sec. 9(f), made technical amendment to

directory language of Pub. L. 102-587, Sec. 2112, which added this

section.

Subsec. (e)(3). Pub. L. 104-283, Sec. 5, inserted before period

at end '', except that in the case of a meeting of an Advisory

Council established to provide assistance regarding any individual

national marine sanctuary the notice is not required to be

published in the Federal Register''.

-CITE-

16 USC Sec. 1445b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 32 - MARINE SANCTUARIES

-HEAD-

Sec. 1445b. Enhancing support for national marine sanctuaries

-STATUTE-

(a) Authority

The Secretary may establish a program consisting of -

(1) the creation, adoption, and publication in the Federal

sanctuary program, or for individual national marine sanctuaries

or the System;

(2) the solicitation of persons to be designated as official

sponsors of the national marine sanctuary program or of

individual national marine sanctuaries;

(3) the designation of persons by the Secretary as official

sponsors of the national marine sanctuary program or of

individual sanctuaries;

(4) the authorization by the Secretary of the manufacture,

reproduction, or other use of any symbol published under

paragraph (1), including the sale of items bearing such a symbol,

by official sponsors of the national marine sanctuary program or

of individual national marine sanctuaries;

(5) the creation, marketing, and selling of products to promote

the national marine sanctuary program, and entering into

exclusive or nonexclusive agreements authorizing entities to

create, market or sell on the Secretary's behalf;

(6) the solicitation and collection by the Secretary of

monetary or in-kind contributions from official sponsors for the

manufacture, reproduction or use of the symbols published under

paragraph (1);

(7) the retention of any monetary or in-kind contributions

collected under paragraphs (5) and (6) by the Secretary; and

(8) the expenditure and use of any monetary and in-kind

contributions, without appropriation, by the Secretary to

designate and manage national marine sanctuaries.

Monetary and in-kind contributions raised through the sale,

marketing, or use of symbols and products related to an individual

national marine sanctuary shall be used to support that sanctuary.

(b) Contract authority

The Secretary may contract with any person for the creation of

symbols or the solicitation of official sponsors under subsection

(a) of this section.

The Secretary may restrict the use of the symbols published under

subsection (a) of this section, and the designation of official

sponsors of the national marine sanctuary program or of individual

national marine sanctuaries to ensure compatibility with the goals

of the national marine sanctuary program.

(d) Property of United States

Any symbol which is adopted by the Secretary and published in the

Federal Register under subsection (a) of this section is deemed to

be the property of the United States.

(e) Prohibited activities

It is unlawful for any person -

(1) designated as an official sponsor to influence or seek to

influence any decision by the Secretary or any other Federal

official related to the designation or management of a national

marine sanctuary, except to the extent that a person who is not

so designated may do so;

(2) to represent himself or herself to be an official sponsor

absent a designation by the Secretary;

(3) to manufacture, reproduce, or otherwise use any symbol

adopted by the Secretary under subsection (a)(1) of this section,

including to sell any item bearing such a symbol, unless

authorized by the Secretary under subsection (a)(4) of this

section or subsection (f) of this section; or

(4) to violate any regulation promulgated by the Secretary

under this section.

(f) Collaborations

The Secretary may authorize the use of a symbol adopted by the

Secretary under subsection (a)(1) of this section by any person

engaged in a collaborative effort with the Secretary to carry out

the purposes and policies of this chapter and to benefit a national

marine sanctuary or the System.

(g) Authorization for non-profit partner organization to solicit

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País:	Estados Unidos