Title 16 — Conservation
Chapter 32 — Marine Sanctuaries
§ 1431. Findings, purposes, and policies; establishment of system
Statutory text
Findings
The Congress finds that—
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;
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;
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
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—
improve the conservation, understanding, management, and wise and sustainable use of marine resources;
enhance public awareness, understanding, and appreciation of the marine environment; and
maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas.
Purposes and policies
The purposes and policies of this chapter are—
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;
to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities;
to maintain the natural biological communities in the national marine sanctuaries, and to protect, and, where appropriate, restore and enhance natural habitats, populations, and ecological processes;
to enhance public awareness, understanding, appreciation, and wise and sustainable use of the marine environment, and the natural, historical, cultural, and archeological resources of the National Marine Sanctuary System;
to support, promote, and coordinate scientific research on, and long-term monitoring of, the resources of these marine areas;
to facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities;
to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas;
to create models of, and incentives for, ways to conserve and manage these areas, including the application of innovative management techniques; and
to cooperate with global programs encouraging conservation of marine resources.
Establishment of system
There is established the National Marine Sanctuary System, which shall consist of national marine sanctuaries designated by the Secretary in accordance with this chapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Marine Protection, Research, and Sanctuaries Act of 1972
Pub. L. 92–532 title III § 301 · 86 Stat. 1052
Enacted · 16 U.S.C. § 1431
Pub. L. 92–532, title III, § 301, Oct. 23, 1972, 86 Stat. 1061
Source evidence
Code source credit
Pub. L. 92–532, title III, § 301, Oct. 23, 1972, 86 Stat. 1061Enacted provision · exact public law section
Sec. 301. Notwithstanding the provisions of subsection (h) of section “Secretary.” 3 of this Act, the term “Secretary”, when used in this title, means Secretary of Commerce.Pub. L. 96–332 § 1 · 94 Stat. 1057
Inserted · 16 U.S.C. § 1431
Pub. L. 96–332 inserted provisions defining “State”
Source evidence
Code amendment note
Pub. L. 96–332 inserted provisions defining “State”.Enacted provision · exact public law section
(1) in subsection (b), by inserting “(1)” after “(b)”, by striking out the second sentence thereof, and by inserting at the end thereof the following new paragraph: “(2) A designation under this section shall become effective Designation. unless— “(A) the Governor of any State described in paragraph (1) certifies to the Secretary, before the end of the sixty-day period beginning on the date of the publication of the designation, that the designation or any of its terms described in subsection (f)(1), are unacceptable to his State, in which case those terms certified as unacceptable will not be effective in the waters described in paragraph (1) in such State until the Governor withdraws his certification of unacceptability; or “(B) both Houses of Congress adopt a concurrent resolution in accordance with subsection (h) which disapproves the designation or any of its terms described in subsection (f)(1). The Secretary may withdraw the designation after any such certification Designation withdrawal. or resolution of disapproval. If the Secretary does not withdraw the designation, only those portions of the designation not certified as unacceptable under subparagraph (A) or not disapproved under subparagraph (B) shall take effect.”;Marine Sanctuaries Amendments of 1984
Pub. L. 98–498 title I § 102 · 98 Stat. 2296
Amended · 16 U.S.C. § 1431
Pub. L. 98–498 amended section generally
Substituted · 16 U.S.C. § 1431
Pub. L. 98–498 substituting provisions relating to Congressional declaration of findings, purposes and policies for provisions defining “Secretary” and “State”. See section 1432 of this title
Source evidence
Code amendment note
Pub. L. 98–498 amended section generally, substituting provisions relating to Congressional declaration of findings, purposes and policies for provisions defining “Secretary” and “State”. See section 1432 of this title.Enacted provision · exact public law section
Sec. 102. Title III of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.) is amended to read as follows: “TITLE III— NATIONAL MARINE SANCTUARIES “SEC. 301. FINDINGS, PURPOSES, AND POLICIES. “(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, research, educational, or esthetic qualities which give them special national 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; “(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation and management; and “(5) such a Federal program will also serve to enhance public awareness, understanding, appreciation, and wise use of the marine environment. “(b) Purposes and Policies.— The purposes and policies of this title are— “(1) to identify areas of the marine environment of special national significance due to their resource or human-use values; “(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities; “(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas; “(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and “(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities. “SEC. 302. DEFINITIONS. “As used in this title, the term— “(1) ‘draft management plan’ means the plan described in section 304(a)(1)(E); “(2) ‘Magnuson Act’ means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 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, consistent with international law; “(4) ‘Secretary’ means the Secretary of Commerce; and “(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. “SEC. 303. 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— “(1) determines that the designation will fulfill the purposes and policies of this title; 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 inadequate to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; “(C) designation of the area as a national marine sanctuary, will facilitate the objectives in subparagraph (B); and “(D) 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, and the biogeographic representation of the site; “(B) the area’s historical, cultural, archaeological, or pale-ontological 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 title; “(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; and “(I) the socioeconomic effects of sanctuary designation. “(2) Consultation.— In making determinations and findings, the Secretary shall consult with— “(A) the Committee on Merchant Marine and Fisheries 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 Act (16 U.S.C. 1852) that may be affected by the proposed designation; and “(E) other interested persons. “(3) Resource assessment report.— In making determinations and findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 304(a)(1), a resource assessment report documenting present and potential uses of the area, including commercial and recreational fishing, research and education, minerals and energy development, subsistence uses, and other commercial or recreational uses. The Secretary, in consultation with the Secretary of the Interior, shall draft a resource assessment section for the report regarding any commercial or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior. “SEC. 304. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION. “(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, Federal Register, publication. 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 Public information. general circulation or electronic media in the communities that may be affected by the proposal; and “(C) on the same day the notice required by subparagraph (A) is issued, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prospectus on the proposal which shall contain— “(i) the terms of the proposed designation; “(ii) the basis of the findings made under section 303(a) with respect to the area; “(iii) an assessment of the considerations under section 303(b)(1); “(iv) proposed mechanisms to coordinate existing regulatory and management authorities within the area; “(v) the draft management plan detailing the proposed goals and objectives, management responsibilities, resource studies, interpretive and educational programs, and enforcement, including surveillance activities for the area; “(vi) an estimate of the annual cost of the proposed designation, including costs of personnel, equipment and facilities, enforcement, research, and public education; “(vii) the draft environmental impact statement; “(viii) an evaluation of the advantages of cooperative State and Federal management if all or part of a proposed marine sanctuary is within the territorial limits of any State or is superjacent to the subsoil and seabed within the seaward boundary of a State, as that boundary is established under the Submerged Lands Act (43 U.S.C. 1301 et seq.); and “(ix) the proposed regulations referred to in subparagraph (A). “(2) Environmental impact statement.— The Secretary shall— “(A) prepare a draft environmental impact statement, as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), on the proposal that includes the resource assessment report required under section 303(b)(3), maps depicting the boundaries of the proposed designated area, and the existing and potential uses and resources of the area; and “(B) make copies of the draft environmental impact statement Public availability. available to the public. “(3) Public hearing.— No sooner than thirty days after issuing a notice under this subsection, the Secretary shall hold at least one public hearing in the coastal area or areas that will be most affected by the proposed designation of the area as a national marine sanctuary for the purpose of receiving the views of interested parties. “(4) Terms of designation.— The terms of designation of a sanctuary shall include the geographic area proposed to be included within the sanctuary, the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or esthetic value, and the types of activities that will be subject to regulation by the Secretary to protect those characteristics. The terms of designation may be modified only by the same procedures by which the original designation is made. “(5) Fishing regulations.— The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to prepare draft regulations for fishing within the United States Fishery Conservation Zone as the Council may deem necessary to implement the proposed designation. Draft regulations prepared by the Council, or a Council determination that regulations are not necessary pursuant to this paragraph, shall be accepted and issued as proposed regulations by the Secretary unless the Secretary finds that the Council’s action fails to fulfill the purposes and policies of this title and the goals and objectives of the proposed designation. In preparing the draft regulations, a Regional Fishery Management Council shall use as guidance the national standards of section 301(a) of the Magnuson Act (16 U.S.C. 1851) to the extent that the standards are consistent and compatible with the goals and objectives of the proposed designation. The Secretary shall prepare the fishing regulations, if the Council declines to make a determination with respect to the need for regulations, makes a determination which is rejected by the Secretary, or fails to prepare the draft regulations in a timely manner. Any amendments to the fishing regulations shall be drafted, approved, and issued in the same manner as the original regulations. “(6) Committee action.— After receiving the prospectus under subsection (a)(1)(C), the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate may each hold hearings on the proposed designation and on the matters set forth in the prospectus. If within the forty-five day period of continuous session of Congress beginning on the date of submission of the prospectus, either Committee issues a report concerning matters addressed in the prospectus, the Secretary shall consider this report before publishing a notice to designate the national marine sanctuary. “(b) Taking Effect of Designations.— “(1) Notice.— In designating a national marine sanctuary, the Secretary shall publish in the Federal Register notice of the designation together with final regulations to implement the designation and any other matters required by law, and submit such notice to the Congress. The Secretary shall advise the public of the availability of the final management plan and the final environmental impact statement with respect to such sanctuary. No notice of designation may occur until the expiration of the period for Committee action under subsection (a)(6). Effective date. The designation (and any of its terms not disapproved under this subsection) and regulations shall take effect and become final after the close of a review period of forty-five days of continuous session of Congress beginning on the day on which such notice is published unless— “(A) the designation or any of its terms is disapproved by enactment of a joint resolution of disapproval described in paragraph (31; or “(B) in the case of a natural marine sanctuary that is located partially or entirely within the seaward boundary of any State, the Governor affected certifies to the Secretary that the designation or any of its terms is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within the seaward boundary of the State. “(2) Withdrawal of designation.— If the Secretary considers that actions taken under paragraph (1) (A) or (B) will affect the designation of a national marine sanctuary in a manner that the goals and objectives of the sanctuary cannot be fulfilled, the Secretary may withdraw the entire designation. If the Secretary does not withdraw the designation, only those terms of the designation not disapproved under paragraph (1)(A) or not certified under paragraph (1)(B) shall take effect. “(3) Resolution of disapproval.— For the purposes of this subsection, the term ‘resolution of disapproval’ means a joint resolution which states after the resolving clause the following: ‘That the Congress disapproves the national marine sanctuary designation entitled that was submitted to Congress by the Secretary of Commerce on .’, the first blank space being filled with the title of the designation and the second blank space being filled with the date on which the notice was submitted to Congress. In the event that the disapproval is addressed to one or more terms of the designation, the joint resolution shall state after the resolving clause the following: ‘That the Congress approves the national marine sanctuary designation entitled that was submitted to Congress by the Secretary of Commerce on but disapproves the following terms of such designation: .’, the first blank space being filled with the title of the designation, the second blank space being filled with the date on which the notice was submitted to Congress, and the third blank space referencing each term of the designation which is disapproved. “(4) Procedures.— “(A) In computing the forty-five-day periods of continuous session of Congress pursuant to subsection (a)(6) and paragraph (1) of this subsection— “(i) continuity of session is broken only by an adjournment of Congress sine die; and “(ii) the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain are excluded. “(B) When the committee to which a joint resolution has been referred has reported such a resolution, it shall at any time thereafter be in order to move to proceed to the consideration of the resolution. The motion shall be privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. “(C) This subsection is enacted by Congress as an exercise of the rulemaking power of each House of Congress, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the case of resolutions described in this subsection. This subsection supersedes other rules only to the extent that they are inconsistent therewith, and is enacted with full recognition of the constitutional right of either House to change the rules (so far as those relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. “(c) Access and Valid Rights.— “(1) Nothing in this title shall be construed as terminating or granting to the Secretary the right to terminate any valid lease, permit, license, or right of subsistence use or of access if the lease, permit, license, or right— “(A) was in existence on the date of enactment of the Marine Sanctuaries Amendments of 1984, with respect to any national marine sanctuary designated before that date; or “(B) is in existence on the date of designation of any national marine sanctuary, with respect to any national marine sanctuary designated after the date of enactment of the Marine Sanctuaries Amendments of 1984. “(2) The exercise of a lease, permit, license, or right is subject to regulation by the Secretary consistent with the purposes for which the sanctuary is designated. SEC. 305. APPLICATION OF REGULATIONS AND INTERNATIONAL NEGOTIATIONS. “(a) Regulations.— The regulations issued under section 304 shall be applied in accordance with generally recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which the United States is a party. No regulation shall apply to a person who is not a citizen, national, or resident alien of the United States, unless in accordance with— “(1) generally recognized principles of international law; “(2) an agreement between the United States and the foreign state of which the person is a citizen; or “(3) an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel. “(b) Negotiations.— The Secretary of State, in consultation with the Secretary, shall take appropriate action to enter into negotiations with other governments to make necessary arrangements for the protection of any national marine sanctuary and to promote the purposes for which the sanctuary is established. “SEC. 306. RESEARCH AND EDUCATION. “The Secretary shall conduct research and educational programs as are necessary and reasonable to carry out the purposes and policies of this title. “SEC. 307. ENFORCEMENT. “(a) In General.— The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this title. The Secretary shall, whenever appropriate, utilize by agreement the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities on a reimbursable basis in carrying out the Secretary’s responsibilities under this title. “(b) Civil Penalties.— “(1) Civil penalty.— Any person subject to the jurisdiction of the United States who violates any regulation issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. “(2) Notice.— No penalty shall be assessed under this subsection until the person charged has been given notice and an opportunity to be heard. Upon failure of the offending party to pay an assessed penalty, the Attorney General, at the request of the Secretary, shall commence action in the appropriate district court of the United States to collect the penalty and to seek such other relief as may be appropriate. “(3) In rem jurisdiction.— A vessel used in the violation of a regulation issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction thereof. “(c) Jurisdiction.— The district courts of the United States shall Courts. U.S. have jurisdiction to restrain a violation of the regulations issued under this title, and to grant such other relief as may be appropriate. Actions shall be brought by the Attorney General in the name of the United States. The Attorney General may bring suit either on the Attorney General’s own initiative or at the request of the Secretary. “SEC. 308. AUTHORIZATION OF APPROPRIATIONS. “To carry out this title, there are authorized to be appropriated: “(1) $3,000,000 for fiscal year 1985. “(2) $3,300,000 for fiscal year 1986. “(3) $3,600,000 for fiscal year 1987. “(4) $3,900,000 for fiscal year 1988. “SEC. 309. SEVERABILITY. “If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of this Act and of the application of such provision to other persons and circumstances shall not be affected thereby.”.National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2101(a)(1) · 106 Stat. 5039
Inserted · 16 U.S.C. § 1431(a)(2)
Pub. L. 102–587, § 2101(a)(1), inserted “, and in some cases international,” after “national”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–587, § 2101(a)(1), inserted “, and in some cases international,” after “national”.Enacted provision · exact public law section
(1) in paragraph (2) by inserting “, and in some cases international,” after “national”;National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2101(a)(2) · 106 Stat. 5039
Inserted · 16 U.S.C. § 1431(a)(4)
Pub. L. 102–587, § 2101(a)(2), inserted “, research,” after “conservation”
Struck · 16 U.S.C. § 1431(a)(4)
Pub. L. 102–587, § 2101(a)(2), struck out “and” at end
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 102–587, § 2101(a)(2), inserted “, research,” after “conservation” and struck out “and” at end.Enacted provision · exact public law section
(2) in paragraph (4)— (A) by inserting “, research,” after “conservation”; and (B) by striking “and” after the semicolon at the end;National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2101(a)(3) · 106 Stat. 5039
Added · 16 U.S.C. § 1431(a)(6)
Pub. L. 102–587, § 2101(a)(3), (4), added par. (6)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 102–587, § 2101(a)(3), (4), added par. (6).Enacted provision · exact public law section
(3) in paragraph (5) by striking the period at the end and inserting “; and”; andNational Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2101(b) · 106 Stat. 5039
Amended · 16 U.S.C. § 1431(b)
Pub. L. 102–587, § 2101(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The purposes and policies of this chapter are—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–587, § 2101(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The purposes and policies of this chapter are—“(1) to identify areas of the marine environment of special national significance due to their resource or human-use values; “(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities; “(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas; “(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and “(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities.”
Enacted provision · exact public law section
(b) Purposes and Policies.— Section 301(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(b)) is amended to read as follows: “(b) Purposes and Policies.— The purposes and policies of this title are— “(1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance; “(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities. “(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas; “(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; “(5) to facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities; “(6) to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native American tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas; “(7) to create models of, and incentives for, ways to conserve and manage these areas; “(8) to cooperate with global programs encouraging conservation of marine resources; and “(9) to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.”.National Marine Sanctuaries Preservation Act
Pub. L. 104–283 § 9(a) · 110 Stat. 3363
Substituted · 16 U.S.C. § 1431(b)(2)
Pub. L. 104–283 substituted a semicolon for a period at end
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–283 substituted a semicolon for a period at end.Enacted provision · exact public law section
(a) Section 301(b)(2) of the National Marine Sanctuaries Act (16 U. S. C. 1431(b)(2)) is amended by striking the period at the end and inserting a semicolon.Pub. L. 106–513 § 3(a) · 114 Stat. 2381
Inserted · 16 U.S.C. § 1431
Pub. L. 106–513, § 3(a), inserted “; establishment of system” at end of section catchline
Source evidence
Code amendment note
Pub. L. 106–513, § 3(a), inserted “; establishment of system” at end of section catchline.Enacted provision · exact public law section
(a) Clerical Amendment.— The heading for section 301 (16 U.S.C. 1431) is amended to read as follows: “SEC. 301. FINDINGS, PURPOSES, AND POLICIES; ESTABLISHMENT OF SYSTEM”.Pub. L. 106–513 § 3(b)(1) · 114 Stat. 2381
Substituted · 16 U.S.C. § 1431(a)(2)
Pub. L. 106–513, § 3(b)(1), substituted “scientific, educational, cultural, archeological, or esthetic” for “research, educational, or esthetic”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 106–513, § 3(b)(1), substituted “scientific, educational, cultural, archeological, or esthetic” for “research, educational, or esthetic”.Enacted provision · exact public law section
(1) in paragraph (2) by striking “research, educational, or esthetic” and inserting “scientific, educational, cultural, archeological, or esthetic”;Pub. L. 106–513 § 3(b)(2) · 114 Stat. 2381
Inserted · 16 U.S.C. § 1431(a)(3)
Pub. L. 106–513, § 3(b)(2), inserted “and” at end
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 106–513, § 3(b)(2), inserted “and” at end.Enacted provision · exact public law section
(2) in paragraph (3) by adding “and” after the semicolon; andPub. L. 106–513 § 3(b)(3) · 114 Stat. 2381
Added · 16 U.S.C. § 1431(a)(4)(6)
Pub. L. 106–513, § 3(b)(3), added par. (4)
Struck · 16 U.S.C. § 1431(a)(4)(6)
Pub. L. 106–513, § 3(b)(3), struck out former pars. (4) to (6) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(4) to (6). Pub. L. 106–513, § 3(b)(3), added par. (4) and struck out former pars. (4) to (6) which read as follows:“(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation, research, and management; “(5) such a Federal program will also serve to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and “(6) protection of these special areas can contribute to maintaining a natural assemblage of living resources for future generations.”
Enacted provision · exact public law section
(3) by striking paragraphs (4), (5), and (6) and inserting the following: “(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.”.Pub. L. 106–513 § 3(c)(1) · 114 Stat. 2381
Substituted · 16 U.S.C. § 1431(b)(1)
Pub. L. 106–513, § 3(c)(1), substituted “significance and to manage these areas as the National Marine Sanctuary System;” for “significance;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 106–513, § 3(c)(1), substituted “significance and to manage these areas as the National Marine Sanctuary System;” for “significance;”.Enacted provision · exact public law section
(1) by striking “significance;” in paragraph (1) and inserting “significance and to manage these areas as the National Marine Sanctuary System;”;Pub. L. 106–513 § 3(c)(2) · 114 Stat. 2381
Added · 16 U.S.C. § 1431(b)(3)
Pub. L. 106–513, § 3(c)(2), (4), added par. (3)
Struck · 16 U.S.C. § 1431(b)(3)
Pub. L. 106–513, § 3(c)(2), (4), struck out former par. (3) which read as follows: “to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas;”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 106–513, § 3(c)(2), (4), added par. (3) and struck out former par. (3) which read as follows: “to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas;”.Enacted provision · exact public law section
(2) by striking paragraphs (3), (4), and (9);Pub. L. 106–513 § 3(c)(2) · 114 Stat. 2381
Added · 16 U.S.C. § 1431(b)(4)
Pub. L. 106–513, § 3(c)(2), (4), added par. (4)
Struck · 16 U.S.C. § 1431(b)(4)
Pub. L. 106–513, § 3(c)(2), (4), struck out former par. (4) which read as follows: “to enhance public awareness, understanding, appreciation, and wise use of the marine environment;”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 106–513, § 3(c)(2), (4), added par. (4) and struck out former par. (4) which read as follows: “to enhance public awareness, understanding, appreciation, and wise use of the marine environment;”.Enacted provision · exact public law section
(2) by striking paragraphs (3), (4), and (9);Pub. L. 106–513 § 3(c)(3) · 114 Stat. 2381
Added · 16 U.S.C. § 1431(b)(5)(7)
Pub. L. 106–513, § 3(c)(3), (4), added par. (5)
Redesignated · 16 U.S.C. § 1431(b)(5)(7)
Pub. L. 106–513, § 3(c)(3), (4), redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8)
Source evidence
Code amendment note
Subsec. (b)(5) to (7). Pub. L. 106–513, § 3(c)(3), (4), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).Enacted provision · exact public law section
(3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;Pub. L. 106–513 § 3(c)(3) · 114 Stat. 2381
Redesignated · 16 U.S.C. § 1431(b)(8)
Pub. L. 106–513, § 3(c)(3), (5), redesignated par. (7) as (8)
Redesignated · 16 U.S.C. § 1431(b)(8)
Pub. L. 106–513, § 3(c)(3), (5), substituted “areas, including the application of innovative management techniques; and” for “areas;”. Former par. (8) redesignated (9)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 106–513, § 3(c)(3), (5), redesignated par. (7) as (8) and substituted “areas, including the application of innovative management techniques; and” for “areas;”. Former par. (8) redesignated (9).Enacted provision · exact public law section
(3) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively;Pub. L. 106–513 § 3(c)(2) · 114 Stat. 2381
Redesignated · 16 U.S.C. § 1431(b)(9)
Pub. L. 106–513, § 3(c)(2), (3), (6), redesignated par. (8) as (9)
Substituted · 16 U.S.C. § 1431(b)(9)
Pub. L. 106–513, § 3(c)(2), (3), (6), substituted a period for “; and”
Struck · 16 U.S.C. § 1431(b)(9)
Pub. L. 106–513, § 3(c)(2), (3), (6), struck out former par. (9) which read as follows: “to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.”
Source evidence
Code amendment note
Subsec. (b)(9). Pub. L. 106–513, § 3(c)(2), (3), (6), redesignated par. (8) as (9), substituted a period for “; and”, and struck out former par. (9) which read as follows: “to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.”Enacted provision · exact public law section
(2) by striking paragraphs (3), (4), and (9);Pub. L. 106–513 § 3(d) · 114 Stat. 2381
Added · 16 U.S.C. § 1431(c)
Pub. L. 106–513, § 3(d), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–513, § 3(d), added subsec. (c).Enacted provision · exact public law section
(d) Establishment of System.— Section 301 is amended by adding at the end the following: “(c) Establishment of System.— There is established the National Marine Sanctuary System, which shall consist of national marine sanctuaries designated by the Secretary in accordance with this title.”.
28 of 28 references resolved to an enrolled provision
Editorial Notes
Amendments1980–2000 · 5 rounds
2000
Pub. L. 106–513, § 3(a), inserted “; establishment of system” at end of section catchline.
Subsec. (a)(2). Pub. L. 106–513, § 3(b)(1), substituted “scientific, educational, cultural, archeological, or esthetic” for “research, educational, or esthetic”.
Subsec. (a)(3). Pub. L. 106–513, § 3(b)(2), inserted “and” at end.
Subsec. (a)(4) to (6). Pub. L. 106–513, § 3(b)(3), added par. (4) and struck out former pars. (4) to (6) which read as follows:
“(4) a Federal program which identifies special areas of the marine environment will contribute positively to marine resources conservation, research, and management;
“(5) such a Federal program will also serve to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and
“(6) protection of these special areas can contribute to maintaining a natural assemblage of living resources for future generations.”
Subsec. (b)(1). Pub. L. 106–513, § 3(c)(1), substituted “significance and to manage these areas as the National Marine Sanctuary System;” for “significance;”.
Subsec. (b)(3). Pub. L. 106–513, § 3(c)(2), (4), added par. (3) and struck out former par. (3) which read as follows: “to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas, especially long-term monitoring and research of these areas;”.
Subsec. (b)(4). Pub. L. 106–513, § 3(c)(2), (4), added par. (4) and struck out former par. (4) which read as follows: “to enhance public awareness, understanding, appreciation, and wise use of the marine environment;”.
Subsec. (b)(5) to (7). Pub. L. 106–513, § 3(c)(3), (4), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).
Subsec. (b)(8). Pub. L. 106–513, § 3(c)(3), (5), redesignated par. (7) as (8) and substituted “areas, including the application of innovative management techniques; and” for “areas;”. Former par. (8) redesignated (9).
Subsec. (b)(9). Pub. L. 106–513, § 3(c)(2), (3), (6), redesignated par. (8) as (9), substituted a period for “; and”, and struck out former par. (9) which read as follows: “to maintain, restore, and enhance living resources by providing places for species that depend upon these marine areas to survive and propagate.”
Subsec. (c). Pub. L. 106–513, § 3(d), added subsec. (c).
1996
Subsec. (b)(2). Pub. L. 104–283 substituted a semicolon for a period at end.
1992
Subsec. (a)(2). Pub. L. 102–587, § 2101(a)(1), inserted “, and in some cases international,” after “national”.
Subsec. (a)(4). Pub. L. 102–587, § 2101(a)(2), inserted “, research,” after “conservation” and struck out “and” at end.
Subsec. (a)(6). Pub. L. 102–587, § 2101(a)(3), (4), added par. (6).
Subsec. (b). Pub. L. 102–587, § 2101(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The purposes and policies of this chapter are—
“(1) to identify areas of the marine environment of special national significance due to their resource or human-use values;
“(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities;
“(3) to support, promote, and coordinate scientific research on, and monitoring of, the resources of these marine areas;
“(4) to enhance public awareness, understanding, appreciation, and wise use of the marine environment; and
“(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities.”
1984
Pub. L. 98–498 amended section generally, substituting provisions relating to Congressional declaration of findings, purposes and policies for provisions defining “Secretary” and “State”. See section 1432 of this title.
1980
Pub. L. 96–332 inserted provisions defining “State”.
Statutory Notes and Related Subsidiaries
Short Title of 2000 Amendment
Pub. L. 106–513, § 1, , 114 Stat. 2381, provided that: “This Act [enacting section 1445c of this title and amending this section and sections 1432 to 1434, 1436, 1437, and 1439 to 1445b of this title] may be cited as the ‘National Marine Sanctuaries Amendments Act of 2000’.”
Short Title of 1996 Amendment
Pub. L. 104–283, § 1, , 110 Stat. 3363, provided that: “This Act [amending this section and sections 1432, 1434, 1437, 1442, 1443, 1444, 1445a, and 1445b of this title, renumbering provisions set out as a note under section 1442 of this title as section 1445b of this title, enacting provisions set out as notes under this section and sections 1433 and 1445 of this title, and amending provisions set out as a note under section 1433 of this title] may be cited as the ‘National Marine Sanctuaries Preservation Act’.”
Short Title of 1992 Amendment
Pub. L. 102–587, § 1, , 106 Stat. 5039, provided that: “This Act [see Tables for classification] may be cited as the ‘Oceans Act of 1992’.”
Pub. L. 102–587, title II, § 2001, , 106 Stat. 5039, provided that: “This title [enacting section 1445a of this title, amending this section and sections 1432 to 1437, 1440, 1442 to 1444, 1452 to 1456b, and 1458 to 1462 of this title, enacting provisions set out as notes under this section and sections 1433, 1442, and 1445 of this title, and amending provisions set out as a note under section 1433 of this title] may be cited as the ‘National Marine Sanctuaries Program Amendments Act of 1992’.”
Short Title of 1984 Amendment
Pub. L. 98–498, title I, § 101, , 98 Stat. 2296, provided that: “This title [enacting sections 1435 to 1439 of this title and amending this section and sections 1432 to 1434 of this title] may be cited as the ‘Marine Sanctuaries Amendments of 1984’.”
Short Title
Pub. L. 92–532, title III, § 317, formerly § 316, as added by Pub. L. 102–587, title II, § 2112, , 106 Stat. 5047; renumbered § 317 of title III, Pub. L. 104–283, §§ 6(a), 9(f), , 110 Stat. 3364, 3368; amended Pub. L. 106–562, title III, § 307(b), , 114 Stat. 2807, provided that: “This title [enacting this chapter] may be cited as the ‘National Marine Sanctuaries Act’.”
Safe Vessel Operation in the Great Lakes
Pub. L. 113–281, title VI, § 610, , 128 Stat. 3064, as amended by Pub. L. 114–120, title VI, § 602(1), , 130 Stat. 79, provided that: “The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may not prohibit a vessel operating within the boundaries of any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary.”
Congressional Findings, Policy, and Declaration of Purpose
For statement of Congressional findings, policy, and declaration of purpose of Pub. L. 92–532 which enacted this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1401 of Title 33.
Executive Documents
Environmental Effects Abroad of Major Federal Actions
For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, , 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare.
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No. 12088, , 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare.
Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities
Ex. Ord. No. 11752, , 38 F.R. 34793, set out as a note under section 4331 of Title 42, The Public Health and Welfare, which related to the prevention, control, and abatement of environmental pollution at Federal facilities, was revoked by Ex. Ord. No. 12088, , 43 F.R. 47707, set out as a note under section 4321 of Title 42.
Ex. Ord. No. 13158. Marine Protected Areas
Ex. Ord. No. 13158, , 65 F.R. 34909, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee) [16 U.S.C. 668dd–668ee], National Park Service Organic Act ([former] 16 U.S.C. 1 et seq.) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], Wilderness Act (16 U.S.C. 1131 et seq.), Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), Coastal Zone Management Act [of 1972] (16 U.S.C. 1451 et seq.), Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act [of 1972] (16 U.S.C. 1362 [1361] et seq.), Clean Water Act of 1977 (33 U.S.C. 1251 et seq.), National Environmental Policy Act [of 1969], as amended (42 U.S.C. 4321 et seq.), Outer Continental Shelf Lands Act (42 [43] U.S.C. 1331 et seq.), and other pertinent statutes, it is ordered as follows:
Section 1. Purpose. This Executive Order will help protect the significant natural and cultural resources within the marine environment for the benefit of present and future generations by strengthening and expanding the Nation’s system of marine protected areas (MPAs). An expanded and strengthened comprehensive system of marine protected areas throughout the marine environment would enhance the conservation of our Nation’s natural and cultural marine heritage and the ecologically and economically sustainable use of the marine environment for future generations. To this end, the purpose of this order is to, consistent with domestic and international law: (a) strengthen the management, protection, and conservation of existing marine protected areas and establish new or expanded MPAs; (b) develop a scientifically based, comprehensive national system of MPAs representing diverse U.S. marine ecosystems, and the Nation’s natural and cultural resources; and (c) avoid causing harm to MPAs through federally conducted, approved, or funded activities.
Sec. 2. Definitions. For the purposes of this order: (a) “Marine protected area” means any area of the marine environment that has been reserved by Federal, State, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein.
(b) “Marine environment” means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands thereunder, over which the United States exercises jurisdiction, consistent with international law.
(c) The term “United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
Sec. 3. MPA Establishment, Protection, and Management. Each Federal agency whose authorities provide for the establishment or management of MPAs shall take appropriate actions to enhance or expand protection of existing MPAs and establish or recommend, as appropriate, new MPAs. Agencies implementing this section shall consult with the agencies identified in subsection 4(a) of this order, consistent with existing requirements.
Sec. 4. National System of MPAs. (a) To the extent permitted by law and subject to the availability of appropriations, the Department of Commerce and the Department of the Interior, in consultation with the Department of Defense, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, the National Science Foundation, and other pertinent Federal agencies shall develop a national system of MPAs. They shall coordinate and share information, tools, and strategies, and provide guidance to enable and encourage the use of the following in the exercise of each agency’s respective authorities to further enhance and expand protection of existing MPAs and to establish or recommend new MPAs, as appropriate:
(1) science-based identification and prioritization of natural and cultural resources for additional protection;
(2) integrated assessments of ecological linkages among MPAs, including ecological reserves in which consumptive uses of resources are prohibited, to provide synergistic benefits;
(3) a biological assessment of the minimum area where consumptive uses would be prohibited that is necessary to preserve representative habitats in different geographic areas of the marine environment;
(4) an assessment of threats and gaps in levels of protection currently afforded to natural and cultural resources, as appropriate;
(5) practical, science-based criteria and protocols for monitoring and evaluating the effectiveness of MPAs;
(6) identification of emerging threats and user conflicts affecting MPAs and appropriate, practical, and equitable management solutions, including effective enforcement strategies, to eliminate or reduce such threats and conflicts;
(7) assessment of the economic effects of the preferred management solutions; and
(8) identification of opportunities to improve linkages with, and technical assistance to, international marine protected area programs.
(b) In carrying out the requirements of section 4 of this order, the Department of Commerce and the Department of the Interior shall consult with those States that contain portions of the marine environment, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, tribes, Regional Fishery Management Councils, and other entities, as appropriate, to promote coordination of Federal, State, territorial, and tribal actions to establish and manage MPAs.
(c) In carrying out the requirements of this section, the Department of Commerce and the Department of the Interior shall seek the expert advice and recommendations of non-Federal scientists, resource managers, and other interested persons and organizations through a Marine Protected Area Federal Advisory Committee. The Committee shall be established by the Department of Commerce.
(d) The Secretary of Commerce and the Secretary of the Interior shall establish and jointly manage a website for information on MPAs and Federal agency reports required by this order. They shall also publish and maintain a list of MPAs that meet the definition of MPA for the purposes of this order.
(e) The Department of Commerce’s National Oceanic and Atmospheric Administration shall establish a Marine Protected Area Center to carry out, in cooperation with the Department of the Interior, the requirements of subsection 4(a) of this order, coordinate the website established pursuant to subsection 4(d) of this order, and partner with governmental and nongovernmental entities to conduct necessary research, analysis, and exploration. The goal of the MPA Center shall be, in cooperation with the Department of the Interior, to develop a framework for a national system of MPAs, and to provide Federal, State, territorial, tribal, and local governments with the information, technologies, and strategies to support the system. This national system framework and the work of the MPA Center is intended to support, not interfere with, agencies’ independent exercise of their own existing authorities.
(f) To better protect beaches, coasts, and the marine environment from pollution, the Environmental Protection Agency (EPA), relying upon existing Clean Water Act [33 U.S.C. 1251 et seq.] authorities, shall expeditiously propose new science-based regulations, as necessary, to ensure appropriate levels of protection for the marine environment. Such regulations may include the identification of areas that warrant additional pollution protections and the enhancement of marine water quality standards. The EPA shall consult with the Federal agencies identified in subsection 4(a) of this order, States, territories, tribes, and the public in the development of such new regulations.
Sec. 5. Agency Responsibilities. Each Federal agency whose actions affect the natural or cultural resources that are protected by an MPA shall identify such actions. To the extent permitted by law and to the maximum extent practicable, each Federal agency, in taking such actions, shall avoid harm to the natural and cultural resources that are protected by an MPA. In implementing this section, each Federal agency shall refer to the MPAs identified under subsection 4(d) of this order.
Sec. 6. Accountability. Each Federal agency that is required to take actions under this order shall prepare and make public annually a concise description of actions taken by it in the previous year to implement the order, including a description of written comments by any person or organization stating that the agency has not complied with this order and a response to such comments by the agency.
Sec. 7. International Law. Federal agencies taking actions pursuant to this Executive Order must act in accordance with international law and with Presidential Proclamation 5928 of , on the Territorial Sea of the United States of America [43 U.S.C. 1331 note], Presidential Proclamation 5030 of , on the Exclusive Economic Zone of the United States of America [16 U.S.C. 1453 note], and Presidential Proclamation 7219 of , on the Contiguous Zone of the United States [43 U.S.C. 1331 note].
Sec. 8. General. (a) Nothing in this order shall be construed as altering existing authorities regarding the establishment of Federal MPAs in areas of the marine environment subject to the jurisdiction and control of States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and Indian tribes.
(b) This order does not diminish, affect, or abrogate Indian treaty rights or United States trust responsibilities to Indian tribes.
(c) This order does not create any right or benefit, substantive or procedural, enforceable in law or equity by a party against the United States, its agencies, its officers, or any person.
William J. Clinton.
Extension of Term of Marine Protected Areas Federal Advisory Committee
Term of Marine Protected Areas Federal Advisory Committee extended until , by Ex. Ord. No. 13811, , 82 F.R. 46363, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extension of term of Marine Protected Areas Federal Advisory Committee was contained in the following prior Executive Order:
Ex. Ord. No. 13708, , 80 F.R. 60271, extended term until .
Conserving the Natural and Cultural Heritage of the Pacific Remote Islands
Memorandum of President of the United States, , 88 F.R. 19201, provided:
Memorandum for the Secretary of the Interior [and] the Secretary of Commerce
In the middle of the Pacific Ocean lie Howland, Baker, Jarvis, and Wake Islands; Johnston and Palmyra Atolls; and Kingman Reef, whose surrounding reefs, seamounts, and ocean are filled with some of the most diverse and remarkable marine life on the planet, including sharks, rays, marlin, tuna, giant clams, hawksbill turtles, ancient coral forests, and whales. Uninhabited today, for centuries wayfinders of Pacific Island Indigenous Peoples visited these islands while navigating through the expanse of the vast Pacific Ocean.
For years, Native Hawaiian and Pacific Island Indigenous communities, conservation advocates, and scientists have advocated for the protection of United States waters around these remote islands from industrial fishing, oil drilling, and mining. Through Proclamation 8336 of (Establishment of the Pacific Remote Islands Marine National Monument) [54 U.S.C. 320301 note], the President partially fulfilled these requests by establishing the Pacific Remote Islands Marine National Monument, which permanently protected the islands, atolls, and emerged reef and 50 nautical miles of water around each. Through Proclamation 9173 of (Pacific Remote Islands Marine National Monument Expansion) [54 U.S.C. 320301 note], the President took a further step to expand the Monument to include 200 nautical miles—the full extent of the United States Exclusive Economic Zone—around Jarvis and Wake Islands and Johnston Atoll. In addition, some areas within the Monument are designated as National Wildlife Refuges.
The areas around Howland and Baker Islands, Palmyra Atoll, and Kingman Reef that remain unprotected include ecologically significant deep-water habitats and an associated array of seamounts with exceptional value for their biodiversity; spawning and feeding grounds for skipjack, yellowfin, and bigeye tuna species; and multiple apex predators that play a vital role in maintaining ecological balance and resilience of the ecosystem. Research continues to reveal the importance of these relatively unexplored habitats to the health, nutrient cycling, and carbon sequestration of the ocean.
To further ensure the protection of this unique and fragile area, support more abundant fisheries in surrounding areas, conserve the capacity of a healthy ocean to capture and store greenhouse gases that would otherwise enter the atmosphere, and appropriately honor ancestral, historical, and cultural connections to this and other Pacific conservation areas, and by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
Section 1. Initiating National Marine Sanctuary Designation. (a) Within 30 days of the date of this memorandum [], the Secretary of Commerce should consider initiating designation of a National Marine Sanctuary pursuant to the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., to provide the most comprehensive and lasting protections to the significant natural and cultural resources of the submerged lands and waters surrounding the seven islands, atolls, and reefs of the Pacific Remote Islands Marine National Monument—both within and outside the Monument boundary, to the full extent of the seaward limit of the United States Exclusive Economic Zone—including marine life, shoals, seamounts, reefs, banks, and sediments high in minerals and sequestered carbon dioxide for the benefit of present and future generations.
(b) In any proposal of a National Marine Sanctuary designation, as described in subsection (a) of this section, the Secretary of Commerce shall identify the anticipated 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 Commerce shall establish a National Marine Sanctuary advisory council and pursue, as appropriate, opportunities to collaborate with Indigenous Peoples with ancestral, 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 (Secretaries) shall collaborate, as appropriate, regarding conservation 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 Secretaries shall develop and implement a process to collaborate with Indigenous language experts, Native Hawaiian Organizations, and other representatives from Indigenous Peoples with ancestral, historical, and cultural connections to the area to develop names and naming conventions reflecting ancestral, historical, and cultural connections for the National Wildlife Refuges 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 and through the process they develop, the Secretaries shall identify appropriate names for the National Wildlife Refuges within the Pacific Remote Islands Marine National Monument and any National Marine Sanctuary that is designated in the area, provide a recommendation to the President on the potential renaming of the Pacific Remote Islands Marine National Monument, and identify appropriate naming conventions and processes for naming natural features within the boundaries of the Monument and any National Marine Sanctuary that is designated in the area.
Sec. 4. Recommendations on Appropriate Cultural Recognition. Within 2 years of the date of this memorandum, the Secretaries shall engage with Native Hawaiian Organizations and relevant Pacific Island Indigenous communities and coordinate with other executive departments and agencies, as appropriate, to provide the President with recommendations on honoring the heritage, traditional practices, ancestral pathways, and stopping points for Pacific Island voyagers and on providing posthumous recognition for the Hui Panala’au, who were Native Hawaiians sent to the Pacific Remote Islands between 1935 and 1942, many of whom were young men from the Kamehameha Schools.
Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the provisions of Proclamation 8336 and Proclamation 9173, including those related to the rights, authorities, or exemptions for the Department of Defense and actions of the Armed Forces.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.