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National
United States
16 USC CHAPTER 32 - MARINE SANCTUARIES (National Marine Sanctuary Act)

-CITE-
16 USC CHAPTER 32 - MARINE SANCTUARIES 01/19/04

-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.
(c) Establishment of system.
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.
(c) Access and valid rights.
(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.
(c) International cooperation.
1436. Prohibited activities.
1437. Enforcement.
(a) In general.
(b) Powers of authorized officers.
(c) Criminal offenses.
(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 Repealed.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.
(c) Education.
(d) Interpretive facilities.
(e) Consultation and coordination.
1441. Special use permits.
(a) Issuance of permits.
(b) Public notice required.
(c) Permit terms.
(d) Fees.
(e) Violations.
(f) Reports.
(g) Fishing.
1442. Cooperative agreements, donations, and acquisitions.
(a) Agreements and grants.
(b) Authorization to solicit donations.
(c) 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.
(c) Civil actions for response costs and damages.
(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.
(c) Limits on membership.
(d) Staffing and assistance.
(e) Public participation and procedural matters.
1445b. Enhancing support for national marine sanctuaries.
(a) Authority.
(b) Contract authority.
(c) Restrictions.
(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.
(c) Award.
(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.
(c) Award.
(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.

-End-



-CITE-
16 USC Sec. 1431 01/19/04

-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
(C) maintain for future generations the habitat, 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.
(c) Establishment of system
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, Secs. 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
(c) avoid causing harm to MPAs through federally conducted,
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.
(c) The term "United States" includes the several States, the
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.
(c) In carrying out the requirements of this section, the
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.
(c) This order does not create any right or benefit, substantive
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.

-End-



-CITE-
16 USC Sec. 1432 01/19/04

-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) (!1) of this title;

(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;
(C) the reasonable cost of monitoring appropriate to the
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, Secs. 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.


-MISC1-
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.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 1433 01/19/04

-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
(C) its resource or human-use values;

(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;
(C) the present and potential uses of the area that depend on
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;
(C) the responsible officials or relevant agency heads of the
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, Secs. 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;
or
"(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 (continued)