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(continued)
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, Secs. 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, Secs. 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,
Secs. 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.

-End-



-CITE-
16 USC Sec. 1434 01/19/04

-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
(C) no later than the day on which the notice required under
subparagraph (A) is submitted to the Office of the Federal
Register, submit a copy of that notice and the draft sanctuary
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.
(C) A draft management plan for the proposed national marine
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
Register under regulations issued under this Act, or shall
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.
(c) Access and valid rights
(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,
Secs. 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 (Secs. 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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 1435 01/19/04

-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.
(c) International cooperation
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.

-End-



-CITE-
16 USC Sec. 1436 01/19/04

-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
(C) knowingly and willfully submitting false information to
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.

-End-



-CITE-
16 USC Sec. 1437 01/19/04

-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.
(c) Criminal offenses
(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;
or
(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.
(C) Amounts received under this section as civil penalties and
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 (continued)