§1432 Definitions

section 1434(a)(1)(C) of this title, referred to in par. (1), was amended generally by Pub. L. 106–513, § 6(a), Nov. 13, 2000, 114 Stat. 2383, and, as so amended, no longer contains a cl. (v). The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

note set out under section 1801 of this title and Tables.

2000—Par. (2). Pub. L. 106–513, § 19(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘Magnuson Act’ means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);”. Par. (6)(D), (E). Pub. L. 106–513, § 4(a), added subpars. (D) and (E). Par. (7). Pub. L. 106–513, § 4(b), inserted “, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 1443 of this title” after “loss, or injury”. Par. (8). Pub. L. 106–513, § 4(c), substituted “educational, cultural, archeological, scientific,” for “research, educational,”. Par. (9). Pub. L. 106–513, § 19(b)(2), substituted “Magnuson-Stevens Act” for “Magnuson Fishery Conservation and Management Act”. Par. (10). Pub. L. 106–513, § 4(d), added par. (10). 1996—Par. (6)(C). Pub. L. 104–283, § 9(b)(1), which directed substitution of a semicolon for “, and” at end, was executed by substituting a semicolon for the comma at end to reflect the probable intent of Congress. Par. (7). Pub. L. 104–283, § 9(b)(2), struck out “and” after “injury;”. 1992—Par. (1). Pub. L. 102–587, § 2102(e)(1), substituted “1434(a)(1)(C)(v)” for “1434(a)(1)(E)”. Par. (3). Pub. L. 102–587, § 2102(a), inserted “including the exclusive economic zone,” after “jurisdiction,”. Par. (5). Pub. L. 102–587, § 2102(e)(2), struck out “and” at end. Par. (6)(C). Pub. L. 102–587, § 2102(b), added subpar. (C). Par. (7). Pub. L. 102–587, § 2102(c), inserted “or authorized” after “taken”. Par. (9). Pub. L. 102–587, § 2102(d), added par. (9). 1988—Pars. (6) to (8). Pub. L. 100–627 added pars. (6) to (8). 1984—Pub. L. 98–498 amended section generally, substituting provisions which set forth definitions for provisions which related to the designation of sanctuaries. See section 1433 of this title. 1982—Subsec. (d). Pub. L. 97–375 substituted provision that Secretary submit a biennial report on or before March 1 of every other year beginning in 1984 for provision that Secretary submit an annual report on or before November 1 of each year, and substituted reference to previous two fiscal years for reference to previous fiscal year. 1980—Subsec. (b). Pub. L. 96–332, § 2(1), designated existing provisions as par. (1), struck out provision that a designation under this section would become effective sixty days after it was published unless the Governor of any State involved, before the expiration of the sixty-day period, certified to Secretary that the designation, or a specified portion thereof, was unacceptable to his State, in which case the designated sanctuary would not include the area certified as unacceptable until such time as the Governor withdrew his certification of unacceptability, and added par. (2). Subsec. (f). Pub. L. 96–332, § 2(2), designated existing provisions as par. (2), added pars. (1), (3), and (4), and, in par. (2) as so designated, substituted “The Secretary, after consultation with other interested Federal and State agencies, shall issue necessary and reasonable

to implement the terms of the designation and control the activities described in it, except that all permits, licenses, and other authorizations issued pursuant to any other authority shall be valid unless such

otherwise provide” for “After a marine sanctuary has been designated under this section, the Secretary, after consultation with other interested Federal agencies, shall issue necessary and reasonable

to control any activities permitted within the designated marine sanctuary, and no permit, license, or other authorization issued pursuant to any other authority shall be valid unless the Secretary shall certify that the permitted activity is consistent with the purposes of this chapter and can be carried out within the

promulgated under this section”. Subsec. (h). Pub. L. 96–332, § 2(3), added subsec. (h).

Pub. L. 100–627, title II, § 210, Nov. 7, 1988, 102 Stat. 3223, provided that: “Not later than one year after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Commerce— “(1) shall propose

implementing the

made by this title [enacting sections 1440 to 1445 of this title, amending section 1432, 1434, and 1437 of this title, and repealing section 1438 of this title]; and “(2) shall issue final

implementing the

made by the Marine Sanctuaries

of 1984 [enacting sections 1435 to 1439 of this title and amending sections 1431 to 1434 of this title].” Additional Definitions Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052, which is classified to section 1402 of Title 33, Navigation and Navigable Waters, defines for purposes of this chapter the terms “Administrator”, “Ocean waters”, “Material”, “United States”, “Person”, “Dumping”, “District Court of the United States”, “Dredged material”, “High-level radioactive waste”, and “Transport” or “Transportation”.