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U.S. Code as of:
01/19/04
Section 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.
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