Chapter 32, Section 1434, Subsection (f) · 16 U.S.C. Chapter 32

Contents

(f)

(1)The Secretary may not publish in the Federal Register any sanctuary designation notice or regulations proposing to designate a new sanctuary, unless the Secretary has published a finding that—

(A)the addition of a new sanctuary will not have a negative impact on the System; and

(B)sufficient resources were available in the fiscal year in which the finding is made to—

(i)effectively implement sanctuary management plans for each sanctuary in the System; and

(ii)complete site characterization studies and inventory known sanctuary resources, including cultural resources, for each sanctuary in the System within 10 years after the date that the finding is made if the resources available for those activities are maintained at the same level for each fiscal year in that 10 year period.

(2)If the Secretary does not submit the findings required by paragraph (1) before February 1, 2004, the Secretary shall submit to the Congress before October 1, 2004, a finding with respect to whether the requirements of subparagraphs (A) and (B) of paragraph (1) have been met by all existing sanctuaries.

(3)Paragraph (1) does not apply to any sanctuary designation documents for—

(A)a Thunder Bay National Marine Sanctuary; or

(B)a Northwestern Hawaiian Islands National Marine Sanctuary.

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Defined terms · 12

Show every defined term

damages
includes—
draft management plan
means the plan described in section 1434(a)(1)(C)(v) 1 of this title;
exclusive economic zone
means the exclusive economic zone as defined in the Magnuson-Stevens Act;
Magnuson-Stevens Act
means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
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;
maritime archeology
includes the curation, preservation, and display of maritime artifacts.
partner organization
means an organization that—
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;
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;
Secretary
means the Secretary of Commerce;
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;
System
means the National Marine Sanctuary System established by section 1431 of this title.