§ 1433. Sanctuary designation standards

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.

1. 1972

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 title III § 303 · 86 Stat. 1052

   Enacted · 16 U.S.C. § 1433

   Pub. L. 92–532, title III, § 303, Oct. 23, 1972, 86 Stat. 1062

   Source evidence

   Code source credit
   Pub. L. 92–532, title III, § 303, Oct. 23, 1972, 86 Stat. 1062

   Enacted provision · exact public law section
   Sec. 303. (a) Any person subject to the jurisdiction of the United States who violates any regulation issued pursuant to this title shall be liable to 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. (b) No penalty shall be assessed under this section 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. (c) A vessel used in the violation of a regulation issued pursuant to Liability. 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. (d) The district courts of the United States shall have jurisdiction Jurisdiction. to restrain a violation of the regulations issued pursuant to 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, either on his own initiative or at the request of the Secretary.

2. 1984

   Marine Sanctuaries Amendments of 1984

   Pub. L. 98–498 title I § 102 · 98 Stat. 2296

   1. Amended · 16 U.S.C. § 1433

      Pub. L. 98–498 amended section generally

   2. Substituted · 16 U.S.C. § 1433

      Pub. L. 98–498 substituting provisions relating to sanctuary designation standards for provisions relating to penalties. See section 1437(b) of this title

   Source evidence

   Code amendment note
   Pub. L. 98–498 amended section generally, substituting provisions relating to sanctuary designation standards for provisions relating to penalties. See section 1437(b) 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.”.

3. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2103(a) · 106 Stat. 5039

   Inserted · 16 U.S.C. § 1433(a)(2)(B)

   Pub. L. 102–587, § 2103(a), inserted “or should be supplemented” after “inadequate”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 102–587, § 2103(a), inserted “or should be supplemented” after “inadequate”.

   Enacted provision · exact public law section
   (a) Standards.— Section 303(a)(2)(B) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(a)(2(B)) is amended by inserting “or should be supplemented” after “inadequate”.

4. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2103(b)(1) · 106 Stat. 5039

   Inserted · 16 U.S.C. § 1433(b)(1)(A)

   Pub. L. 102–587, § 2103(b)(1), inserted “maintenance of critical habitat of endangered species,” after “assemblages,”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 102–587, § 2103(b)(1), inserted “maintenance of critical habitat of endangered species,” after “assemblages,”.

   Enacted provision · exact public law section
   (1) Section 303(b)(1)(A) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(1)(A)) is amended by inserting “maintenance of critical habitat of endangered species,” after “assemblages,”

5. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2103(b)(2) · 106 Stat. 5039

   1. Substituted · 16 U.S.C. § 1433(b)(3)

      Pub. L. 102–587, § 2103(b)(2), substituted “1434(a)(2)” for “1434(a)(1)”

   2. Inserted · 16 U.S.C. § 1433(b)(3)

      Pub. L. 102–587, § 2103(b)(2), inserted “, governmental,” after “other commercial” and after “any commercial”

   3. Inserted · 16 U.S.C. § 1433(b)(3)

      Pub. L. 102–587, § 2103(b)(2), inserted at end: “The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator, 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 disclosure by the Secretary of such information shall be consistent with national security regulations.”

   Source evidence

   Code amendment note
   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 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 disclosure by the Secretary of such information shall be consistent with national security regulations.”

   Enacted provision · exact public law section
   (2) Section 303(b)(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(3)) is amended— (A) by inserting “, governmental,” after “other commercial” and inserting “, governmental,” after “any commercial”; (B) by adding at the end the following: “The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator, 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 disclosure by the Secretary of such information shall be consistent with national security regulations.”; and (C) by striking “304(a)(1)” and inserting “304(a)(2)”.

6. 2000

   Pub. L. 106–513 § 5(a) · 114 Stat. 2381

   Amended · 16 U.S.C. § 1433(a)(1)

   Pub. L. 106–513, § 5(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “determines that the designation will fulfill the purposes and policies of this chapter; and”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–513, § 5(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “determines that the designation will fulfill the purposes and policies of this chapter; and”.

   Enacted provision · exact public law section
   (a) Standards.— Section 303(a)(1) (16 U.S.C. 1433(a)(1)) is amended to read as follows: “(1) determines that— “(A) the designation will fulfill the purposes and policies of this title; “(B) the area is of special national significance due to— “(i) its conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, 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 inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; “(D) designation of the area as a national marine sanctuary will facilitate the objectives in subparagraph (C); and “(E) the area is of a size and nature that will permit comprehensive and coordinated conservation and management; and”.

   Effective date note
   Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

7. 2000

   Pub. L. 106–513 § 5(b)(1) · 114 Stat. 2381

   Added · 16 U.S.C. § 1433(b)(1)(J)(L)

   Pub. L. 106–513, § 5(b)(1), added subpars. (J) to (L)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(J) to (L). Pub. L. 106–513, § 5(b)(1), added subpars. (J) to (L).

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “and” at the end of subpara graph (H), by striking the period at the end of subparagraph and inserting a semicolon, and by adding at the end the following: “(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.”; and

   Effective date note
   Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

8. 2000

   Pub. L. 106–513 § 19(a)(1) · 114 Stat. 2381

   Substituted · 16 U.S.C. § 1433(b)(2)(A)

   Pub. L. 106–513, § 19(a)(1), substituted “Resources” for “Merchant Marine and Fisheries”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 106–513, § 19(a)(1), substituted “Resources” for “Merchant Marine and Fisheries”.

   Enacted provision · exact public law section
   (1) Section 303(b)(2)(A) (16 U.S.C. 1433(b)(2)(A)).

   Effective date note
   Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

9. 2000

   Pub. L. 106–513 § 19(b)(3) · 114 Stat. 2381

   Substituted · 16 U.S.C. § 1433(b)(2)(D)

   Pub. L. 106–513, § 19(b)(3), substituted “Magnuson-Stevens Act” for “Magnuson Act”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 106–513, § 19(b)(3), substituted “Magnuson-Stevens Act” for “Magnuson Act”.

   Enacted provision · exact public law section
   (3) Section 303(b)(2)(D) is amended by striking “Magnuson Act” 16 USC 1433. and inserting “Magnuson-Stevens Act”.

   Effective date note
   Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

10. 2000

    Pub. L. 106–513 § 5(b)(2) · 114 Stat. 2381

    Struck · 16 U.S.C. § 1433(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 findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 1434(a)(2) of this title, 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, governmental, 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, governmental, or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior. The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator, 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 disclosure by the Secretary of such information shall be consistent with national security regulations.”

    Source evidence

    Code amendment note
    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 findings, the Secretary shall draft, as part of the environmental impact statement referred to in section 1434(a)(2) of this title, 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, governmental, 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, governmental, or recreational resource uses in the area under consideration that are subject to the primary jurisdiction of the Department of the Interior. The Secretary, in consultation with the Secretary of Defense, the Secretary of Energy, and the Administrator, 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 disclosure by the Secretary of such information shall be consistent with national security regulations.”

    Enacted provision · exact public law section
    (2) by striking paragraph (3).

    Effective date note
    Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

11. 2000

    Marine Mammal Rescue Assistance Act of 2000

    Pub. L. 106–555 title II § 205(a) · 114 Stat. 2765

    1. Substituted · 16 U.S.C. § 1433(a)

       Pub. L. 106–555, in introductory provisions, substituted “the Secretary determines that—” for “the Secretary—”

    2. Added · 16 U.S.C. § 1433(a)

       Pub. L. 106–555, in introductory provisions, added pars. (1) to (5)

    3. Struck · 16 U.S.C. § 1433(a)

       Pub. L. 106–555, in introductory provisions, struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–555, in introductory provisions, 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, historical, scientific, cultural, archeological, educational, 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 inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; “(D) designation of the area as a national marine sanctuary will facilitate the objectives in subparagraph (C); and “(E) the area is of a size and nature that will permit 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 inadequate or should be supplemented 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.”

    Enacted provision · exact public law section
    (a) Technical Amendment.— Section 303(a) of the National Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking “the Secretary—” and ail that follows through the end of the sentence and inserting the following: “the Secretary determines that— “(1) the designation will fulfill the purposes and policies of this title; “(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.”.

    Effective date note
    Pub. L. 106–555, title II, § 205(c), Dec. 21, 2000, 114 Stat. 2770, provided that: “This section [amending this section and section 1434 of this title] shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 [Pub. L. 106–513] takes effect.” Marine SanctuariesChannel 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.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 Marine 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 National 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 Sanctuary.—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 Underwater Preserve.—65 F.R. 39042, June 19, 2000; 15 C.F.R. part 922, subpart R.Wisconsin Shipwreck Coast National Marine Sanctuary.—86 F.R. 32737, June 23, 2021; 15 C.F.R. part 922, subpart T.

16 of 16 references resolved to an enrolled provision