§ 1432. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1432]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1432. Definitions
As used in this chapter, the term--
(1) ``draft management plan'' means the plan described in
section 1434(a)(1)(C)(v) \1\ of this title;
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\1\ See References in Text note below.
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(2) ``Magnuson-Stevens Act'' means the Magnuson-Stevens 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,
including the exclusive economic zone, consistent with international
law;
(4) ``Secretary'' means the Secretary of Commerce;
(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;
(6) ``damages'' includes--
(A) compensation for--
(i)(I) the cost of replacing, restoring, or acquiring
the equivalent of a sanctuary resource; and
(II) the value of the lost use of a sanctuary resource
pending its restoration or replacement or the acquisition of
an equivalent sanctuary resource; or
(ii) the value of a sanctuary resource if the sanctuary
resource cannot be restored or replaced or if the equivalent
of such resource cannot be acquired;
(B) the cost of damage assessments under section 1443(b)(2)
of this title;
(C) the reasonable cost of monitoring appropriate to the
injured, restored, or replaced resources;
(D) the cost of curation and conservation of archeological,
historical, and cultural sanctuary resources; and
(E) the cost of enforcement actions undertaken by the
Secretary in response to the destruction or loss of, or injury
to, a sanctuary resource;
(7) ``response costs'' means the costs of actions taken or
authorized by the Secretary to minimize destruction or loss of, or
injury to, sanctuary resources, or to minimize the imminent risks of
such destruction, loss, or injury, including costs related to
seizure, forfeiture, storage, or disposal arising from liability
under section 1443 of this title;
(8) ``sanctuary resource'' means any living or nonliving
resource of a national marine sanctuary that contributes to the
conservation, recreational, ecological, historical, educational,
cultural, archeological, scientific, or aesthetic value of the
sanctuary; and
(9) ``exclusive economic zone'' means the exclusive economic
zone as defined in the Magnuson-Stevens Act; and
(10) ``System'' means the National Marine Sanctuary System
established by section 1431 of this title.
(Pub. L. 92-532, title III, Sec. 302, Oct. 23, 1972, 86 Stat. 1061; Pub.
L. 96-332, Sec. 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97-375, title
II, Sec. 202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98-498, title I,
Sec. 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100-627, title II,
Sec. 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102-587, title II,
Sec. 2102, Nov. 4, 1992, 106 Stat. 5040; Pub. L. 104-283, Sec. 9(b),
Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106-513, Secs. 4, 19(b)(1), (2),
Nov. 13, 2000, 114 Stat. 2382, 2392, 2393.)
References in Text
Section 1434(a)(1)(C) of this title, referred to in par. (1), was
amended generally by Pub. L. 106-513, Sec. 6(a), Nov. 13, 2000, 114
Stat. 2383, and, as so amended, no longer contains a cl. (v).
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (2), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331,
as amended, which is classified principally to chapter 38 (Sec. 1801 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1801 of this title and
Tables.
Amendments
2000--Par. (2). Pub. L. 106-513, Sec. 19(b)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: `` `Magnuson
Act' means the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.);''.
Par. (6)(D), (E). Pub. L. 106-513, Sec. 4(a), added subpars. (D) and
(E).
Par. (7). Pub. L. 106-513, Sec. 4(b), inserted ``, including costs
related to seizure, forfeiture, storage, or disposal arising from
liability under section 1443 of this title'' after ``loss, or injury''.
Par. (8). Pub. L. 106-513, Sec. 4(c), substituted ``educational,
cultural, archeological, scientific,'' for ``research, educational,''.
Par. (9). Pub. L. 106-513, Sec. 19(b)(2), substituted ``Magnuson-
Stevens Act'' for ``Magnuson Fishery Conservation and Management Act''.
Par. (10). Pub. L. 106-513, Sec. 4(d), added par. (10).
1996--Par. (6)(C). Pub. L. 104-283, Sec. 9(b)(1), which directed
substitution of a semicolon for ``, and'' at end, was executed by
substituting a semicolon for the comma at end to reflect the probable
intent of Congress.
Par. (7). Pub. L. 104-283, Sec. 9(b)(2), struck out ``and'' after
``injury;''.
1992--Par. (1). Pub. L. 102-587, Sec. 2102(e)(1), substituted
``1434(a)(1)(C)(v)'' for ``1434(a)(1)(E)''.
Par. (3). Pub. L. 102-587, Sec. 2102(a), inserted ``including the
exclusive economic zone,'' after ``jurisdiction,''.
Par. (5). Pub. L. 102-587, Sec. 2102(e)(2), struck out ``and'' at
end.
Par. (6)(C). Pub. L. 102-587, Sec. 2102(b), added subpar. (C).
Par. (7). Pub. L. 102-587, Sec. 2102(c), inserted ``or authorized''
after ``taken''.
Par. (9). Pub. L. 102-587, Sec. 2102(d), added par. (9).
1988--Pars. (6) to (8). Pub. L. 100-627 added pars. (6) to (8).
1984--Pub. L. 98-498 amended section generally, substituting
provisions which set forth definitions for provisions which related to
the designation of sanctuaries. See section 1433 of this title.
1982--Subsec. (d). Pub. L. 97-375 substituted provision that
Secretary submit a biennial report on or before March 1 of every other
year beginning in 1984 for provision that Secretary submit an annual
report on or before November 1 of each year, and substituted reference
to previous two fiscal years for reference to previous fiscal year.
1980--Subsec. (b). Pub. L. 96-332, Sec. 2(1), designated existing
provisions as par. (1), struck out provision that a designation under
this section would become effective sixty days after it was published
unless the Governor of any State involved, before the expiration of the
sixty-day period, certified to Secretary that the designation, or a
specified portion thereof, was unacceptable to his State, in which case
the designated sanctuary would not include the area certified as
unacceptable until such time as the Governor withdrew his certification
of unacceptability, and added par. (2).
Subsec. (f). Pub. L. 96-332, Sec. 2(2), designated existing
provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2)
as so designated, substituted ``The Secretary, after consultation with
other interested Federal and State agencies, shall issue necessary and
reasonable regulations to implement the terms of the designation and
control the activities described in it, except that all permits,
licenses, and other authorizations issued pursuant to any other
authority shall be valid unless such regulations otherwise provide'' for
``After a marine sanctuary has been designated under this section, the
Secretary, after consultation with other interested Federal agencies,
shall issue necessary and reasonable regulations to control any
activities permitted within the designated marine sanctuary, and no
permit, license, or other authorization issued pursuant to any other
authority shall be valid unless the Secretary shall certify that the
permitted activity is consistent with the purposes of this chapter and
can be carried out within the regulations promulgated under this
section''.
Subsec. (h). Pub. L. 96-332, Sec. 2(3), added subsec. (h).
Regulations
Section 210 of title II of Pub. L. 100-627 provided that: ``Not
later than one year after the date of the enactment of this Act [Nov. 7,
1988], the Secretary of Commerce--
``(1) shall propose regulations implementing the amendments made
by this title [enacting sections 1440 to 1445 of this title,
amending sections 1432, 1434, and 1437 of this title, and repealing
section 1438 of this title]; and
``(2) shall issue final regulations implementing the amendments
made by the Marine Sanctuaries Amendments of 1984 [enacting sections
1435 to 1439 of this title and amending sections 1431 to 1434 of
this title].''
Additional Definitions
Section 3 of Pub. L. 92-532, which is classified to section 1402 of
Title 33, Navigation and Navigable Waters, defines for purposes of this
chapter the terms ``Administrator'', ``Ocean waters'', ``Material'',
``United States'', ``Person'', ``Dumping'', ``District Court of the
United States'', ``Dredged material'', ``High-level radioactive waste'',
and ``Transport'' or ``Transportation''.
Section Referred to in Other Sections
This section is referred to in section 1443 of this title.
