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X. Appendices X. App EN D ICES 283 pp EN D IX A TION A L A RINE ment, and the natural, historical, cultural, and archeological A A. N M resources of the National Marine Sanctuary System; SA NCTU A RIES ACT (5) to support, promote, and coordinate scientific research on, and long-term monitoring of, the resources of these THE NATIONAL MARINE SANCTUARIES ACT marine areas; 16 U.S.C. 1431 ET. SEQ., as amended by Public Law 106- (6) to facilitate to the extent compatible with the primary 513 objective of resource protection, all public and private uses Sec. 301. FINDINGS, PURPOSES, AND POLICIES; ESTAB- of the resources of these marine areas not prohibited pursu- LISHMENT OF SYSTEM. ant to other authorities; (a) FINDINGS.--The Congress finds that-- (7) to develop and implement coordinated plans for the protection and management of these areas with appropri- (1) this Nation historically has recognized the importance ate Federal agencies, State and local governments, Native of protecting special areas of its public domain, but these American tribes and organizations, international organiza- efforts have been directed almost exclusively to land areas tions, and other public and private interests concerned with above the high-water mark; the continuing health and resilience of these marine areas; (2) certain areas of the marine environment possess conser- (8) to create models of, and incentives for, ways to conserve vation, recreational, ecological, historical, scientific, educa- and manage these areas, including the application of inno- tional, cultural, archeological, or esthetic qualities which vative management techniques; and give them special national, and in some instances, interna- tional, significance; (9) to cooperate with global programs encouraging conser- vation of marine resources. (3) while the need to control the effects of particular activi- ties has led to enactment of resource-specific legislation, (c) ESTABLISHMENT OF SYSTEM.-There is established the these laws cannot in all cases provide a coordinated and National Marine Sanctuary System, which shall consist of comprehensive approach to the conservation and manage- national marine sanctuaries designated by the Secretary in ment of special areas of the marine environment; and accordance with this title. (4) a Federal program which establishes areas of the marine Sec. 302. DEFINITIONS environment which have special conservation, recreational, As used in this title, the term-- ecological, historical, cultural, archeological, scientific, (1) “Draft management plan” means the plan described in educational, or esthetic qualities as national marine sanc- section 304(a)(1)(C)(v); tuaries managed as the National Marine Sanctuary System will improve the conservation, understanding, management, (2) “Magnuson-Stevens Act” means the Magnuson-Stevens and wise and sustainable use of marine resources; Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (B) enhance public awareness, understanding, and appre- ciation of the marine environment; and (3) “marine environment” means those areas of coastal and ocean waters, the Great Lakes and their connecting waters, (C) maintain for future generations the habitat, and ecologi- and submerged lands over which the United States exer- cal services, of the natural assemblage of living resources cises jurisdiction, including the exclusive economic zone, that inhabit these areas. consistent with international law; (b) PURPOSES AND POLICIES.--The purposes and policies (4) “Secretary” means the Secretary of Commerce; of this title are-- (5) “State” means each of the several States, the District of (1) to identify and designate as national marine sanctuar- Columbia, the Commonwealth of Puerto Rico, the Common- ies areas of the marine environment which are of special wealth of the Northern Mariana Islands, American Samoa, national significance and to manage these areas as the the Virgin Islands, Guam, and any other commonwealth, National Marine Sanctuary System; territory, or possession of the United States; (2) to provide authority for comprehensive and coordinated (6) “damages” includes-- conservation and management of these marine areas, and activities affecting them, in a manner which complements (A) compensation for-- existing regulatory authorities; (i)(I) the cost of replacing, restoring, or acquiring the equiva- (3) to maintain the natural biological communities in the lent of a sanctuary resource; and (II) the value of the lost use national marine sanctuaries, and to protect, and, where of a sanctuary resource pending its restoration or replace- appropriate, restore and enhance natural habitats, popula- ment or the acquisition of an equivalent sanctuary resource; tions, and ecological processes; or (4) to enhance public awareness, understanding, apprecia- (ii) the value of a sanctuary resource if the sanctuary resource tion, and wise and sustainable use of the marine environ- cannot be restored or replaced or if the equivalent of such resource cannot be acquired; 284 Stellwagen Bank National Marine Sanctuary Draft Management Plan/Environmental Assessment (B) the cost of damage assessments under section 312(b)(2); (A) the area’s natural resource and ecological qualities, (C) the reasonable cost of monitoring appropriate to the including its contribution to biological productivity, mainte- injured, restored, or replaced resources; nance of ecosystem structure, maintenance of ecologically or commercially important or threatened species or species (D) the cost of curation and conservation of archeological, assemblages, maintenance of critical habitat of endangered historical, and cultural sanctuary resources; and species, and the biogeographic representation of the site; (E) the cost of enforcement actions undertaken by the Secre- (B) the area’s historical, cultural, archaeological, or paleon- tary in response to the destruction or loss of, or injury to, a tological significance; sanctuary resource; (C) the present and potential uses of the area that depend on (7) “response costs” means the costs of actions taken or maintenance of the area’s resources, including commercial authorized by the Secretary to minimize destruction or loss and recreational fishing, subsistence uses other commercial of, or injury to, sanctuary resources, or to minimize the and recreational activities, and research and education; imminent risks of such destruction, loss, or injury, including costs related to seizure forfeiture, storage, or disposal arising (D) the present and potential activities that may adversely from liability under section 312; affect the factors identified in subparagraphs (A), (B), (C); (8) “sanctuary resource” means any living or nonliving (E) the existing State and Federal regulatory and manage- resource of a national marine sanctuary that contributes to ment authorities applicable to the area and the adequacy of the conservation, recreational, ecological, historical, educa- those authorities to fulfill the purposes and policies of this tional, cultural, archeological, scientific, or aesthetic value title; of the sanctuary; (F) the manageability of the area, including such factors as (9) “exclusive economic zone” means the exclusive econom- its size, its ability to be identified as a discrete ecological ic zone as defined in the Magnuson-Stevens Act; and unit with definable boundaries, its accessibility, and its suit- ability for monitoring and enforcement activities; (10) ‘System’ means the National Marine Sanctuary System established by section 301. (G) the public benefits to be derived from sanctuary status, with emphasis on the benefits of long-term protection of Sec. 303. SANCTUARY DESIGNATION STANDARDS nationally significant resources, vital habitats, and resources (a) STANDARDS.--The Secretary may designate any discrete which generate tourism; area of the marine environment as a national marine sanctu- (H) the negative impacts produced by management restric- ary and promulgate regulations implementing the designa- tions on income-generating activities such as living and tion if the Secretary determines that-- nonliving resources development; (1) the designation will fulfill the purposes and policies of (I) the socioeconomic effects of sanctuary designation; this title; (J) the area’s scientific value and value for monitoring the (2) the area is of special national significance due to- resources and natural processes that occur there; (A) its conservation, recreational, ecological, historical, (K) the feasibility, where appropriate, of employing innova- scientific, cultural, archeological, educational, or esthetic tive management approaches to protect sanctuary resources qualities; or to manage compatible uses; and (B) the communities of living marine resources it harbors; (L) the value of the area as an addition to the System. or (2) Consultation.--In making determinations and findings, (C) its resource or human-use values; the Secretary shall consult with-- (3) existing State and Federal authorities are inadequate or (A) the Committee on Resources of the House of Repre- should be supplemented to ensure coordinated and compre- sentatives and the Committee on Commerce, Science, and hensive conservation and management of the area, includ- Transportation of the Senate; ing resource protection, scientific research, and public education; (B) the Secretaries of State, Defense, Transportation, and the Interior, the Administrator, and the heads of other interested (4) designation of the area as a national marine sanctuary Federal agencies;
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