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16 U.S.C. § 1433 — Sanctuary designation standards
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
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Source file: Laws/federal/codes/united-states-code/title-16/section-1433-sanctuary-designation-standards--16734d9929.md
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Source location: Title 16, Chapter 32, § 1433; chapter-032-marine-sanctuaries.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852&num=0&edition=prelim)) that may be affected by the proposed designation; and
(E) other interested persons.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Management Councils, as follows:
(A) *New England Council* — The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(B) *Mid-Atlantic Council* — The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(C) *South Atlantic Council* — The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(D) *Caribbean Council* — The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of P
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1852
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1434
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, changing ocean chemistry, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;
(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal and non-Federal stakeholders responsible for managing coral reef resources;
(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;
(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven, and community-based coral reef management by covered States and covered Native entities, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations;
(5) to provide financial resources, technical assistance, and scientific expertise to supplement, complement, and strengthen community-based management programs and conservation and restoration projects of non-Federal reefs;
(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;
(7) to support rapid, eff
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6401
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Federal law — U.S. Code and appendices · legal_authorities
Page 1850
TITLE 16—CONSERVATION
§ 1433
(Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86
Stat. 1061; Pub. L. 96–332, § 2, Aug. 29, 1980, 94
Stat. 1057; Pub. L. 97–375, title II, § 202(a), Dec.
21, 1982, 96 Stat. 1822; Pub. L. 98–498, title I, § 102,
Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100–627, title
II, § 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L.
102–587, title II, § 2102, Nov. 4, 1992, 106 Stat. 5040;
Pub. L. 104–283, § 9(b), Oct. 11, 1996, 110 Stat. 3367;
Pub. L. 106–513, §§ 4, 19(b)(1), (2), Nov. 13, 2000, 114
Stat. 2382, 2392, 2393.)
Editorial Notes
REFERENCES IN TEXT
Section 1434(a)(1)(C) of this title, referred to in par.
(1), was amended generally by Pub. L. 106–513, § 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, which is classified
principally to chapter 38 (§ 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.
AMENDMENTS
2000—Par. (2). Pub. L. 106–513, § 19(b)(1), amended par.
(2) generally. Prior to amendment, par. (2) read as fol-
lows: ‘‘ ‘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, § 4(a), added subpars.
(D) and (E).
Par. (7). Pub. L. 106–513, § 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, § 4(c), substituted ‘‘edu-
cational, cultural, archeological, scientific,’’ for ‘‘re-
search, educational,’’.
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
Page 2057
TITLE 16—CONSERVATION
§ 1852
spect to their ownership or mortgage interest in such
vessel on that date to the extent of any such inconsist-
ency. The provisions of section 12102(c) [now 12113(b)(2)
to (d)] and section 31322(a) of title 46, United States
Code, as amended by this Act, shall apply to all subse-
quent owners and mortgagees of such vessel, and shall
apply, notwithstanding the preceding sentence, to the
owner on [sic] of such vessel if any ownership interest
in that owner is transferred to or otherwise acquired by
a foreign individual or entity after or if the percentage
of foreign ownership in the vessel is increased after the
effective date of this subsection [July 24, 2001].’’
[Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115
Stat. 170, provided that: ‘‘Section 213(g) of the Amer-
ican Fisheries Act (Public Law 105–277, division C, title
II) [set out above] shall take effect on the date of en-
actment of this Act [July 24, 2001].’’]
RESTRICTION ON FUNDING CERTAIN NEW FISHERY
MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS
Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208,
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro-
vided that: ‘‘None of the funds appropriated under this
Act or any other Act henceforth may be used to de-
velop new fishery management plans, amendments, or
regulations which create new individual fishing quota
programs (whether such quotas are transferable or not)
or to implement any such plans, amendments or regu-
lations approved by a Regional Fishery Management
Council or the Secretary after January 4, 1995, until
offsetting fees to pay for the cost of administering such
plans, amendments, or regulations are expressly au-
thorized under the Magnuson-Stevens Fishery Con-
se
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1852
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