Browse Arkansas Code titles and sections

16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanctuary resources

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanctuary resources

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1443

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 4d0d59b034e38bc59a370e5c7c18e5e34d4ed54d8d4ee2a6c532b867a555f017. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_0b6399fabbc0ccee9c889a8e
Source file: Laws/federal/codes/united-states-code/title-16/section-1443-destruction-or-loss-of-or-injury-to-sanctuary-resources--9a2b61d7f0.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7212888613a316693f9396e6f622b5550de270e62806ed4f8e04b32a907d5af8

Source location: Title 16, Chapter 32, § 1443; chapter-032-marine-sanctuaries.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2705&num=0&edition=prelim). (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 (C) the destruction, loss, or injury was negligible. (4) **Limits to liability** — Nothing in sections 4281–4289 of the Revised Statutes of the United States or [section 30706 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30706&num=0&edition=prelim) shall limit the liability of any person under this chapter. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1432/6&num=0&edition=prelim). **(c) Civil actions for response costs and damages** (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) 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 (C) the destruction of, loss of, or injury to a sanctuary 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607/f/1&num=0&edition=prelim), 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 (C) to restore degraded sanctuary resources of other national 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) 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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2705 — Interest; partial payment of claims

**(a) General rule** The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim. **(b) Period** (1) **In general** — Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) **Exclusion of period due to offer by guarantor** — If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under [section 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), the period described in paragraph (1) does not include any period before the offer is accepted. (3) **Exclusion of periods in interests of justice** — If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2705

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1437 — Enforcement

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim). (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 authoriz

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1437

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 30706 — Defenses

**(a) Due Diligence.—** If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel. **(b) Other Defenses.—** A carrier and the vessel are not liable for loss or damage arising from— (1) dangers of the sea or other navigable waters; (2) acts of God; (3) public enemies; (4) seizure under legal process; (5) inherent defect, quality, or vice of the goods; (6) insufficiency of package; (7) act or omission of the shipper or owner of the goods or their agent; or (8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 30706

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1432 — Definitions

As used in this chapter, the term— (1) “draft management plan” means the plan described in section 1434(a)(1)(C)(v) 11 See References in Text note below. of this title; (2) “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1443/b/2&num=0&edition=prelim); (C) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources; (D) the cost of curation and conservation of

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1432

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanc-

Page 1862 TITLE 16—CONSERVATION § 1442 Subsec. (d)(3)(B). Pub. L. 106–513, § 11(4), struck out ‘‘designating and’’ after ‘‘expenses of’’. Subsec. (d)(4). Pub. L. 106–513, § 11(5), added par. (4). Subsecs. (e) to (g). Pub. L. 106–513, § 11(1), redesig- nated subsecs. (d) to (f) as (e) to (g), respectively. § 1442. Cooperative agreements, donations, and acquisitions (a) Agreements and grants The Secretary may enter into cooperative agreements, contracts, or other agreements with, or make grants to, States, local govern- ments, regional agencies, interstate agencies, or other persons to carry out the purposes and poli- cies of this chapter. (b) Authorization to solicit donations The Secretary may enter into such agree- ments with any nonprofit organization author- izing the organization to solicit private dona- tions to carry out the purposes and policies of this chapter. (c) Donations 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 be- quest 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 prop- erty necessary and appropriate to carry out the purposes and policies of this chapter. (e) Use of resources of other government agen- cies 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 provis

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1443

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.