§ 1431. — Findings, purposes, and policies; establishment of system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1431]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1431. Findings, purposes, and policies; establishment of
system
(a) Findings
The Congress finds that--
(1) this Nation historically has recognized the importance of
protecting special areas of its public domain, but these efforts
have been directed almost exclusively to land areas above the high-
water mark;
(2) certain areas of the marine environment possess
conservation, recreational, ecological, historical, scientific,
educational, cultural, archeological, or esthetic qualities which
give them special national, and in some cases international,
significance;
(3) while the need to control the effects of particular
activities has led to enactment of resource-specific legislation,
these laws cannot in all cases provide a coordinated and
comprehensive approach to the conservation and management of special
areas of the marine environment; and
(4) a Federal program which establishes areas of the marine
environment which have special conservation, recreational,
ecological, historical, cultural, archeological, scientific,
educational, or esthetic qualities as national marine sanctuaries
managed as the National Marine Sanctuary System will--
(A) improve the conservation, understanding, management, and
wise and sustainable use of marine resources;
(B) enhance public awareness, understanding, and
appreciation of the marine environment; and
(C) maintain for future generations the habitat, and
ecological services, of the natural assemblage of living
resources that inhabit these areas.
(b) Purposes and policies
The purposes and policies of this chapter are--
(1) to identify and designate as national marine sanctuaries
areas of the marine environment which are of special national
significance and to manage these areas as the National Marine
Sanctuary System;
(2) to provide authority for comprehensive and coordinated
conservation and management of these marine areas, and activities
affecting them, in a manner which complements existing regulatory
authorities;
(3) 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;
(4) 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;
(5) to support, promote, and coordinate scientific research on,
and long-term monitoring of, the resources of these marine areas;
(6) 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;
(7) 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;
(8) to create models of, and incentives for, ways to conserve
and manage these areas, including the application of innovative
management techniques; and
(9) to cooperate with global programs encouraging conservation
of marine resources.
(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 chapter.
(Pub. L. 92-532, title III, Sec. 301, Oct. 23, 1972, 86 Stat. 1061; Pub.
L. 96-332, Sec. 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 98-498, title
I, Sec. 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L. 102-587, title II,
Sec. 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L. 104-283, Sec. 9(a),
Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106-513, Sec. 3, Nov. 13, 2000,
114 Stat. 2381.)
Amendments
2000--Pub. L. 106-513, Sec. 3(a), inserted ``; establishment of
system'' at end of section catchline.
Subsec. (a)(2). Pub. L. 106-513, Sec. 3(b)(1), substituted
``scientific, educational, cultural, archeological, or esthetic'' for
``research, educational, or esthetic''.
Subsec. (a)(3). Pub. L. 106-513, Sec. 3(b)(2), inserted ``and'' at
end.
Subsec. (a)(4) to (6). Pub. L. 106-513, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2101(a)(1), inserted ``,
and in some cases international,'' after ``national''.
Subsec. (a)(4). Pub. L. 102-587, Sec. 2101(a)(2), inserted ``,
research,'' after ``conservation'' and struck out ``and'' at end.
Subsec. (a)(6). Pub. L. 102-587, Sec. 2101(a)(3), (4), added par.
(6).
Subsec. (b). Pub. L. 102-587, Sec. 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''.
Short Title of 2000 Amendment
Pub. L. 106-513, Sec. 1, Nov. 13, 2000, 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
Section 1 of Pub. L. 104-283 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
Section 1 of Pub. L. 102-587 provided that: ``This Act [see Tables
for classification] may be cited as the `Oceans Act of 1992'.''
Section 2001 of title II of Pub. L. 102-587 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
Section 101 of title I of Pub. L. 98-498 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
Section 317 of title III, formerly section 316, of Pub. L. 92-532,
as added by Pub. L. 102-587, title II, Sec. 2112, Nov. 4, 1992, 106
Stat. 5047; renumbered Sec. 317 of title III, Pub. L. 104-283,
Secs. 6(a), 9(f), Oct. 11, 1996, 110 Stat. 3364, 3368; amended Pub. L.
106-562, title III, Sec. 307(b), Dec. 23, 2000, 114 Stat. 2807, provided
that: ``This title [enacting this chapter] may be cited as the `National
Marine Sanctuaries Act'.''
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.
Environmental Effects Abroad of Major Federal Actions
For provisions relating to environmental effects abroad of major
federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 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, Oct. 13, 1978, 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, Dec. 17, 1973, 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, Oct.
13, 1978, 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, May 26, 2000, 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 (16 U.S.C. 1 et seq.), National Historic Preservation Act (16 U.S.C.
470 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 December 27, 1988, on the
Territorial Sea of the United States of America [43 U.S.C. 1331 note],
Presidential Proclamation 5030 of March 10, 1983, on the Exclusive
Economic Zone of the United States of America [16 U.S.C. 1453 note], and
Presidential Proclamation 7219 of September 2, 1999, 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.
Section Referred to in Other Sections
This section is referred to in section 1432 of this title.
