§ 1433. — Sanctuary designation standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1433]
TITLE 16--CONSERVATION
CHAPTER 32--MARINE SANCTUARIES
Sec. 1433. 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 determines that--
(1) the designation will fulfill the purposes and policies of
this chapter;
(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.
(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) of this section, 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, maintenance of critical habitat of endangered
species, and the biogeographic representation of the site;
(B) the area's historical, cultural, archaeological, or
paleontological 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
chapter;
(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;
(I) the socioeconomic effects of sanctuary designation;
(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.
(2) Consultation
In making determinations and findings, the Secretary shall
consult with--
(A) the Committee on Resources 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-
Stevens Act (16 U.S.C. 1852) that may be affected by the
proposed designation; and
(E) other interested persons.
(Pub. L. 92-532, title III, Sec. 303, Oct. 23, 1972, 86 Stat. 1062; Pub.
L. 98-498, title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 102-
587, title II, Sec. 2103, Nov. 4, 1992, 106 Stat. 5041; Pub. L. 106-513,
Secs. 5, 19(a)(1), (b)(3), Nov. 13, 2000, 114 Stat. 2383, 2392, 2393;
Pub. L. 106-555, title II, Sec. 205(a), Dec. 21, 2000, 114 Stat. 2769.)
Amendments
2000--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.''
Subsec. (a)(1). Pub. L. 106-513, Sec. 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''.
Subsec. (b)(1)(J) to (L). Pub. L. 106-513, Sec. 5(b)(1), added
subpars. (J) to (L).
Subsec. (b)(2)(A). Pub. L. 106-513, Sec. 19(a)(1), substituted
``Resources'' for ``Merchant Marine and Fisheries''.
Subsec. (b)(2)(D). Pub. L. 106-513, Sec. 19(b)(3), substituted
``Magnuson-Stevens Act'' for ``Magnuson Act''.
Subsec. (b)(3). Pub. L. 106-513, Sec. 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.''
1992--Subsec. (a)(2)(B). Pub. L. 102-587, Sec. 2103(a), inserted
``or should be supplemented'' after ``inadequate''.
Subsec. (b)(1)(A). Pub. L. 102-587, Sec. 2103(b)(1), inserted
``maintenance of critical habitat of endangered species,'' after
``assemblages,''.
Subsec. (b)(3). Pub. L. 102-587, Sec. 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.''
1984--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.
Effective Date of 2000 Amendment
Pub. L. 106-555, title II, Sec. 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 Sanctuaries
Channel 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, Sec. 205(a)(1),
Nov. 7, 1988, 102 Stat. 3217.
Fagatele Bay National Marine Sanctuary.--51 F.R. 15878, Apr. 29, 1986;
15 C.F.R. part 922, subpart J.
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, Secs. 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, Sec. 205(a)(2), Nov. 7, 1988, 102 Stat. 3217;
Pub. L. 102-251, title I, Sec. 101, Mar. 9, 1992, 106 Stat. 60; Pub.
L. 104-283, Sec. 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, Sec. 2202, Nov. 4, 1992, 106 Stat. 5048; Pub. L.
104-283, Secs. 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.
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.
Hawaiian Islands Humpback Whale National Marine Sanctuary.--15 C.F.R.
part 922, subpart Q; Pub. L. 102-587, title II, subtitle C, Secs. 2301-
2308, Nov. 4, 1992, 106 Stat. 5055-5059; Pub. L. 104-283, Sec. 7, Oct.
11, 1996, 110 Stat. 3365.
Key Largo National Marine Sanctuary.--41 F.R. 2379, Jan. 16, 1976; 48
F.R. 55118, Dec. 9, 1983.
Looe Key National Marine Sanctuary.--46 F.R. 7949, Jan. 26, 1981.
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, Sec.
205(a)(3), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102-368, title I, Sec.
102, Sept. 23, 1992, 106 Stat. 1119; Pub. L. 102-587, title II, Sec.
2203, Nov. 4, 1992, 106 Stat. 5048.
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, Sec. 205(a)(4),
Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102-587, title II, Sec. 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.
Northwest Straits
Pub. L. 104-283, Sec. 10, Oct. 11, 1996, 110 Stat. 3368, provided
that: ``No designation of an area in the Northwest Straits in the State
of Washington as a national marine sanctuary under the National Marine
Sanctuaries Act [16 U.S.C. 1431 et seq.] shall take effect unless that
designation is specifically authorized by a law enacted after the date
of enactment of this Act [Oct. 11, 1996].''
Section Referred to in Other Sections
This section is referred to in section 1434 of this title.
