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16 U.S.C. § 1438 — Repealed. Pub. L. 100–627, title II, § 203(1), Nov. 7, 1988, 102 Stat. 3214
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 92–532, title III, § 308, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303, authorized appropriations for fiscal years 1985 to 1988.
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Source file: Laws/federal/codes/united-states-code/title-16/section-1438-repealed-pub-l-100627-title-ii-203-1-nov-7-1988-102-stat-3214--e143c86044.md
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Source location: Title 16, Chapter 32, § 1438; chapter-032-marine-sanctuaries.md
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### Statutory Notes
Section, Pub. L. 92–532, title III, § 308, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303, authorized appropriations for fiscal years 1985 to 1988.
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) 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
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may issue such regulations as may be necessary to carry out this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1860
TITLE 16—CONSERVATION
§ 1438
lating to enforcement activities in general, powers of
authorized officers, civil penalties, forfeiture, payment
of storage, care, and other costs, subpoenas, use of re-
sources of State and other Federal agencies, Coast
Guard authority, and injunctive relief for former provi-
sions consisting of subsecs. (a) to (c) relating to en-
forcement activities in general, civil penalties, and ju-
risdiction.
Statutory Notes and Related Subsidiaries
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 relat-
ing 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 Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY
REGULATIONS
Pub. L. 102–241, § 51, Dec. 19, 1991, 105 Stat. 2227, di-
rected Secretary of Transportation and Secretary of
Commerce, not later than one year after Dec. 19, 1991,
to submit to Congress a joint report describing meth-
ods by which Coast Guard enforcement efforts under
the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401
et seq., 2801 et seq.) could be enhanced and coordinated
with those of the National Oceanic and Atmospheric
Administration.
§ 1438. Repealed. Pub. L. 100–627, title II, § 203(1),
Nov. 7, 1988, 102 Stat. 3214
Section, Pub. L. 92–532, title III, § 308, as added Pub.
L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2303, author-
ized appropriati
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