16 U.S.C. § 1433 — Sanctuary designation standards

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,’’. Par. (9). Pub. L. 106–513, § 19(b)(2), substituted ‘‘Mag- nuson-Stevens Act’’ for ‘‘Magnuson Fishery Conserva- tion and Management Act’’. Par. (10). Pub. L. 106–513, § 4(d), added par. (10). 1996—Par. (6)(C). Pub. L. 104–283, § 9(b)(1), which di- rected substitution of a semicolon for ‘‘, and’’ at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Con- gress. Par. (7). Pub. L. 104–283, § 9(b)(2), struck out ‘‘and’’ after ‘‘injury;’’. 1992—Par. (1). Pub. L. 102–587, § 2102(e)(1), substituted ‘‘1434(a)(1)(C)(v)’’ for ‘‘1434(a)(1)(E)’’. Par. (3). Pub. L. 102–587, § 2102(a), inserted ‘‘including the exclusive economic zone,’’ after ‘‘jurisdiction,’’. Par. (5). Pub. L. 102–587, § 2102(e)(2), struck out ‘‘and’’ at end. Par. (6)(C). Pub. L. 102–587, § 2102(b), added subpar. (C). Par. (7). Pub. L. 102–587, § 2102(c), inserted ‘‘or author- ized’’ after ‘‘taken’’. Par. (9). Pub. L. 102–587, § 2102(d), added par. (9). 1988—Pars. (6) to (8). Pub. L. 100–627 added pars. (6) to (8). 1984—Pub. L. 98–498 amended section generally, sub- stituting provisions which set forth definitions for pro- visions which related to the designation of sanctuaries. See section 1433 of this title. 1982—Subsec. (d). Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provi- sion that Secretary submit an annual report on or be- fore November 1 of each year, and substituted reference to previous two fiscal years for reference to previous fiscal year. 1980—Subsec. (b). Pub. L. 96–332, § 2(1), designated ex- isting provisions as par. (1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty- day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability, and added par. (2). Subsec. (f). Pub. L. 96–332, § 2(2), designated existing provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2) as so designated, substituted ‘‘The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable regulations to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such regulations otherwise provide’’ for ‘‘After a ma- rine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable regulations to control any activities permitted within the designated marine sanctuary, and no permit, li- cense, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the regulations promulgated under this sec- tion’’. Subsec. (h). Pub. L. 96–332, § 2(3), added subsec. (h). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 100–627, title II, § 210, Nov. 7, 1988, 102 Stat. 3223, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Commerce— ‘‘(1) shall propose regulations implementing the amendments made by this title [enacting sections 1440 to 1445 of this title, amending sections 1432, 1434, and 1437 of this title, and repealing section 1438 of this title]; and ‘‘(2) shall issue final regulations implementing the amendments made by the Marine Sanctuaries Amendments of 1984 [enacting sections 1435 to 1439 of this title and amending sections 1431 to 1434 of this title].’’ ADDITIONAL DEFINITIONS Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052, which is classified to section 1402 of Title 33, Navigation and Navigable Waters, defines for purposes of this chapter the terms ‘‘Administrator’’, ‘‘Ocean waters’’, ‘‘Mate- rial’’, ‘‘United States’’, ‘‘Person’’, ‘‘Dumping’’, ‘‘Dis- trict Court of the United States’’, ‘‘Dredged material’’, ‘‘High-level radioactive waste’’, and ‘‘Transport’’ or ‘‘Transportation’’. § 1433. Sanctuary designation standards (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 signifi- cance due to— (A) its conservation, recreational, ecologi- cal, historical, scientific, cultural, archae- ological, educational, or esthetic qualities; (B) the communities of living marine re- sources it harbors; or (C) its resource or human-use values; Page 1851 TITLE 16—CONSERVATION § 1433 (3) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive con- servation and management of the area, includ- ing resource protection, scientific research, and public education; (4) designation of the area as a national ma- rine 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 con- servation 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 eco- logical qualities, including its contribution to biological productivity, maintenance of ecosystem structure, maintenance of eco- logically or commercially important or threatened species or species assemblages, maintenance of critical habitat of endan- gered species, and the biogeographic rep- resentation of the site; (B) the area’s historical, cultural, archae- ological, 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 identi- fied in subparagraphs (A), (B), and (C); (E) the existing State and Federal regu- latory and management authorities applica- ble to the area and the adequacy of those au- thorities to fulfill the purposes and policies of this chapter; (F) the manageability of the area, includ- ing 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 enforce- ment activities; (G) the public benefits to be derived from sanctuary status, with emphasis on the ben- efits of long-term protection of nationally significant resources, vital habitats, and re- sources which generate tourism; (H) the negative impacts produced by man- agement restrictions on income-generating activities such as living and nonliving re- sources development; (I) the socioeconomic effects of sanctuary designation; (J) the area’s scientific value and value for monitoring the resources and natural proc- esses that occur there; (K) the feasibility, where appropriate, of employing innovative management ap- proaches 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 Admin- istrator, 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 Re- gional Fishery Management Council estab- lished by section 302 of the Magnuson-Ste- vens Act (16 U.S.C. 1852) that may be af- fected by the proposed designation; and (E) other interested persons. (Pub. L. 92–532, title III, § 303, Oct. 23, 1972, 86 Stat. 1062; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 102–587, title II, § 2103, Nov. 4, 1992, 106 Stat. 5041; Pub. L. 106–513, §§ 5, 19(a)(1), (b)(3), Nov. 13, 2000, 114 Stat. 2383, 2392, 2393; Pub. L. 106–555, title II, § 205(a), Dec. 21, 2000, 114 Stat. 2769.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–555, in introductory pro- visions, substituted ‘‘the Secretary determines that—’’ for ‘‘the Secretary—’’, added pars. (1) to (5), and struck out former pars. (1) and (2) which read as follows: ‘‘(1) determines that— ‘‘(A) the designation will fulfill the purposes and policies of this chapter; ‘‘(B) the area is of special national significance due to— ‘‘(i) its conservation, recreational, ecological, his- torical, scientific, cultural, archeological, edu- cational, or esthetic qualities; ‘‘(ii) the communities of living marine resources it harbors; or ‘‘(iii) its resource or human-use values; ‘‘(C) existing State and Federal authorities are in- adequate or should be supplemented to ensure coordi- nated and comprehensive conservation and manage- ment of the area, including resource protection, sci- entific research, and public education; ‘‘(D) designation of the area as a national marine sanctuary will facilitate the objectives in subpara- graph (C); and ‘‘(E) the area is of a size and nature that will per- mit comprehensive and coordinated conservation and management; and ‘‘(2) finds that— ‘‘(A) the area is of special national significance due to its resource or human-use values; ‘‘(B) existing State and Federal authorities are in- adequate or should be supplemented to ensure coordi- nated and comprehensive conservation and manage- ment of the area, including resource protection, sci- entific research, and public education; ‘‘(C) designation of the area as a national marine sanctuary will facilitate the objectives in subpara- graph (B); and ‘‘(D) the area is of a size and nature that will per- mit comprehensive and coordinated conservation and management.’’ Subsec. (a)(1). Pub. L. 106–513, § 5(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: Page 1852 TITLE 16—CONSERVATION § 1434 ‘‘determines that the designation will fulfill the pur- poses and policies of this chapter; and’’. Subsec. (b)(1)(J) to (L). Pub. L. 106–513, § 5(b)(1), added subpars. (J) to (L). Subsec. (b)(2)(A). Pub. L. 106–513, § 19(a)(1), sub- stituted ‘‘Resources’’ for ‘‘Merchant Marine and Fish- eries’’. Subsec. (b)(2)(D). Pub. L. 106–513, § 19(b)(3), sub- stituted ‘‘Magnuson-Stevens Act’’ for ‘‘Magnuson Act’’. Subsec. (b)(3). Pub. L. 106–513, § 5(b)(2), struck out heading and text of par. (3). Prior to amendment, text read as follows: ‘‘In making determinations and find- ings, the Secretary shall draft, as part of the environ- mental impact statement referred to in section 1434(a)(2) of this title, a resource assessment report doc- umenting present and potential uses of the area, in- cluding commercial and recreational fishing, research and education, minerals and energy development, sub- sistence uses, and other commercial, governmental, or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource as- sessment section for the report regarding any commer- cial, governmental, or recreational resource uses in the area under consideration that are subject to the pri- mary jurisdiction of the Department of the Interior. The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Adminis- trator, 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 disclo- sure by the Secretary of such information shall be con- sistent with national security regulations.’’ 1992—Subsec. (a)(2)(B). Pub. L. 102–587, § 2103(a), in- serted ‘‘or should be supplemented’’ after ‘‘inad- equate’’. Subsec. (b)(1)(A). Pub. L. 102–587, § 2103(b)(1), inserted ‘‘maintenance of critical habitat of endangered spe- cies,’’ after ‘‘assemblages,’’. Subsec. (b)(3). Pub. L. 102–587, § 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 assess- ment section for the report, including information on any past, present, or proposed future disposal or dis- charge 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, sub- stituting provisions relating to sanctuary designation standards for provisions relating to penalties. See sec- tion 1437(b) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: ‘‘This section [amending this sec- tion and section 1434 of this title] shall take effect im- mediately 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, § 205(a)(1), Nov. 7, 1988, 102 Stat. 3217. MARINE SANCTUARIES—CONTINUED 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, §§ 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, § 205(a)(2), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–251, title I, § 101, Mar. 9, 1992, 106 Stat. 60; Pub. L. 104–283, § 8, Oct. 11, 1996, 110 Stat. 3366. Gerry E. Studds Stellwagen Bank National Marine Sanctuary (former Stellwagen Bank National Ma- rine 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, § 2202, Nov. 4, 1992, 106 Stat. 5048; Pub. L. 104–283, §§ 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. Greater Farallones National Marine Sanctuary (former Gulf of the Farallones National Marine Sanctuary; former Point Reyes-Farallon Islands Na- tional Marine Sanctuary).—46 F.R. 7936, Jan. 26, 1981; 15 C.F.R. part 922, subpart H; 62 F.R. 3788, Jan. 27, 1997; 80 F.R. 34047, June 15, 2015. Hawaiian Islands Humpback Whale National Marine Sanctuary.—15 C.F.R. part 922, subpart Q; Pub. L. 102–587, title II, subtitle C, §§ 2301–2308, Nov. 4, 1992, 106 Stat. 5055–5059; Pub. L. 104–283, § 7, Oct. 11, 1996, 110 Stat. 3365. Mallows Bay-Potomac River National Marine Sanc- tuary.—84 F.R. 32586, July 8, 2019; 15 C.F.R. part 922, subpart S. 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, § 205(a)(3), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–368, title I, § 102, Sept. 23, 1992, 106 Stat. 1119; Pub. L. 102–587, title II, § 2203, Nov. 4, 1992, 106 Stat. 5048. National Marine Sanctuary of American Samoa (former Fagatele Bay National Marine Sanctuary).— 51 F.R. 15878, Apr. 29, 1986; 15 C.F.R. part 922, subpart J; 77 F.R. 43942, July 26, 2012, effective Oct. 15, 2012 (see 77 F.R. 65815). 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, § 205(a)(4), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, § 2207, Nov. 4, 1992, 106 Stat. 5053. Thunder Bay National Marine Sanctuary and Under- water Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R. Wisconsin Shipwreck Coast National Marine Sanc- tuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T. NORTHWEST STRAITS Pub. L. 104–283, § 10, Oct. 11, 1996, 110 Stat. 3368, pro- vided that: ‘‘No designation of an area in the Northwest Straits in the State of Washington as a national ma- rine 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].’’ § 1434. Procedures for designation and imple- mentation (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