§ 1431. Findings, purposes, and policies; establishment of system

§ 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, § 301, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 1, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2296; Pub. L. 102–587, title II, § 2101, Nov. 4, 1992, 106 Stat. 5039; Pub. L. 104–283, § 9(a), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 3, Nov. 13, 2000, 114 Stat. 2381.)

Editorial Notes

Amendments

2000—Pub. L. 106–513, § 3(a), inserted “; establishment of system” at end of section catchline.

Subsec. (a)(2). Pub. L. 106–513, § 3(b)(1), substituted “scientific, educational, cultural, archeological, or esthetic” for “research, educational, or esthetic”.

Subsec. (a)(3). Pub. L. 106–513, § 3(b)(2), inserted “and” at end.

Subsec. (a)(4) to (6). Pub. L. 106–513, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 2101(a)(1), inserted “, and in some cases international,” after “national”.

Subsec. (a)(4). Pub. L. 102–587, § 2101(a)(2), inserted “, research,” after “conservation” and struck out “and” at end.

Subsec. (a)(6). Pub. L. 102–587, § 2101(a)(3), (4), added par. (6).

Subsec. (b). Pub. L. 102–587, § 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”.

Statutory Notes and Related Subsidiaries

Short Title of 2000 Amendment

Pub. L. 106–513, § 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

Pub. L. 104–283, § 1, Oct. 11, 1996, 110 Stat. 3363, 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

Pub. L. 102–587, § 1, Nov. 4, 1992, 106 Stat. 5039, provided that: “This Act [see Tables for classification] may be cited as the ‘Oceans Act of 1992’.”

Pub. L. 102–587, title II, § 2001, Nov. 4, 1992, 106 Stat. 5039, 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

Pub. L. 98–498, title I, § 101, Oct. 19, 1984, 98 Stat. 2296, 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

Pub. L. 92–532, title III, § 317, formerly § 316, as added by Pub. L. 102–587, title II, § 2112, Nov. 4, 1992, 106 Stat. 5047; renumbered § 317 of title III, Pub. L. 104–283, §§ 6(a), 9(f), Oct. 11, 1996, 110 Stat. 3364, 3368; amended Pub. L. 106–562, title III, § 307(b), Dec. 23, 2000, 114 Stat. 2807, provided that: “This title [enacting this chapter] may be cited as the ‘National Marine Sanctuaries Act’.”

Safe Vessel Operation in the Great Lakes

Pub. L. 113–281, title VI, § 610, Dec. 18, 2014, 128 Stat. 3064, as amended by Pub. L. 114–120, title VI, § 602(1), Feb. 8, 2016, 130 Stat. 79, provided that: “The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may not prohibit a vessel operating within the boundaries of any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary.”

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.

Executive Documents

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 ([former] 16 U.S.C. 1 et seq.) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 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.