§ 1435. Application of regulations; international negotiations and cooperation

Statutory text

Regulations

This chapter and the regulations issued under section 1434 of this title 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 or be enforced against a person who is not a citizen, national, or resident alien of the United States, unless in accordance with—

generally recognized principles of international law;

an agreement between the United States and the foreign state of which the person is a citizen; or

an agreement between the United States and the flag state of a foreign vessel, if the person is a crewmember of the vessel.

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.

International cooperation

The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this chapter and consistent with applicable regional and mutilateral 1 arrangements for the protection and management of special marine areas.

Footnotes

1 So in original. Probably should be “multilateral”.

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.

1984
Marine Protection, Research, and Sanctuaries Act of 1972
Pub. L. 92–532 title III § 305 · 86 Stat. 1052
Enacted · 16 U.S.C. § 1435
Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302
Source evidence
Code source credit
Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302
1992
National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2105(b) · 106 Stat. 5039
Substituted · 16 U.S.C. § 1435
Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline
Source evidence
Code amendment note
Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline.
Enacted provision · exact public law section
(b) Technical Amendment.— The section heading for section 305 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1435) is amended by striking all after “REGULATIONS” and inserting in lieu thereof “; international negotiations and cooperation.”.
1992
National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2105(a)(1) · 106 Stat. 5039
1. Substituted · 16 U.S.C. § 1435(a)
  Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations”
2. Inserted · 16 U.S.C. § 1435(a)
  Pub. L. 102–587, § 2105(a)(1), inserted “or be enforced against” after “apply to”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations” and inserted “or be enforced against” after “apply to”.
Enacted provision · exact public law section
(1) in subsection (a)— (A) by striking “The” in the first sentence and inserting in lieu thereof “This title and the”; and (B) by inserting “or be enforced against” immediately after “apply to”; and
1992
National Marine Sanctuaries Program Amendments Act of 1992
Pub. L. 102–587 § 2105(a)(2) · 106 Stat. 5039
Added · 16 U.S.C. § 1435(c)
Pub. L. 102–587, § 2105(a)(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–587, § 2105(a)(2), added subsec. (c).
Enacted provision · exact public law section
(2) by adding at the end the following new subsection: “(c) International Cooperation.— The Secretary, in consultation with the Secretary of State and other appropriate Federal agencies, shall cooperate with other governments and international organizations in furtherance of the purposes and policies of this title and consistent with applicable regional and mutilateral arrangements for the protection and management of special marine areas.”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1992—Pub. L. 102–587, § 2105(b), substituted “; international negotiations and cooperation” for “and international negotiations” in section catchline.

Subsec. (a). Pub. L. 102–587, § 2105(a)(1), substituted “This chapter and the regulations” for “The regulations” and inserted “or be enforced against” after “apply to”.

Subsec. (c). Pub. L. 102–587, § 2105(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

International Cooperation

For direction that the Secretary of State seek effective international action and cooperation through the development of appropriate international rules and regulations in support of the policy of this chapter and chapter 27 of Title 33, Navigation and Navigable Waters, see section 1419 of Title 33.

Credits

1984–1992 · 2 acts

1984Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302
1992amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.

Show as published

(Pub. L. 92–532, title III, § 305, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 102–587, title II, § 2105, Nov. 4, 1992, 106 Stat. 5043.)