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16 U.S.C. § 1432 — Definitions
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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Source location: Title 16, Chapter 32, § 1432; chapter-032-marine-sanctuaries.md
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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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1443&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1431&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1443
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1438
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Federal law — U.S. Code and appendices · legal_authorities
**(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), 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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated for the first fiscal year after October 23, 1972, and for the next two fiscal years thereafter such sums as may be necessary to carry out this subchapter, but the sums appropriated for any such fiscal year may not exceed $6,000,000. There are authorized to be appropriated not to exceed $1,500,000 for the transition period (July 1 through September 30, 1976), not to exceed $5,600,000 for fiscal year 1977, and not to exceed $6,500,000 for fiscal year 1978, not to exceed $11,396,000 for fiscal year 1981, not to exceed $12,000,000 for fiscal year 1982, not to exceed $10,635,000 for fiscal year 1986, not to exceed $11,114,000 for fiscal year 1987, not to exceed $13,500,000 for fiscal year 1989, and not to exceed $14,500,000 for fiscal year 1990.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(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 conservat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
Page 1849
TITLE 16—CONSERVATION
§ 1432
1 See References in Text note below.
dioxide for the benefit of present and future genera-
tions.
(b) In any proposal of a National Marine Sanctuary
designation, as described in subsection (a) of this sec-
tion, the Secretary of Commerce shall identify the an-
ticipated timeline for the completion of the National
Marine Sanctuary designation process as expeditiously
as possible, consistent with applicable law.
(c) For any final designation, the Secretary of Com-
merce shall establish a National Marine Sanctuary ad-
visory council and pursue, as appropriate, opportuni-
ties to collaborate with Indigenous Peoples with ances-
tral, historical, and cultural connections to the area on
planning and management.
SEC. 2. Collaboration on Conservation. The Secretary of
the Interior and the Secretary of Commerce (Secre-
taries) shall collaborate, as appropriate, regarding con-
servation of the lands and surrounding waters of the
Pacific Remote Islands.
SEC. 3. Collaborative Process on Naming. In recognition
of the deep and enduring cultural significance of this
region to the oceanic cultures of the Pacific, the Secre-
taries shall develop and implement a process to col-
laborate with Indigenous language experts, Native Ha-
waiian Organizations, and other representatives from
Indigenous Peoples with ancestral, historical, and cul-
tural connections to the area to develop names and
naming conventions reflecting ancestral, historical,
and cultural connections for the National Wildlife Ref-
uges and any National Marine Sanctuary designated in
the area of the Pacific Remote Islands Marine National
Monument and for the islands, atolls, reefs, and other
natural features in the area. Within 2 years of the date
of this memorandum a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1801. This identifies an authority to review, not proof of applicability.