Page:United States Statutes at Large Volume 98 Part 2.djvu/1137

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-498—OCT. 19, 1984

98 STAT. 2297

"(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. "SEC. 302. DEFINITIONS.

16 USC 1432.

"As used in this title, the term— "(1) 'draft management plan' means the plan described in section 304(a)(1)(E); "(2) 'Magnuson Act' means the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); "(3) '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, consistent with international law; "(4) 'Secretary' means the Secretary of Commerce; and "(5) '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. "SEC. 303. 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— "(1) determines that the designation will fulfill the purposes and policies of this title; and "(2) finds that— "(A) the area is of special national significance due to its resource or human-use values; "(B) existing State and Federal authorities are inadequate to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; "(C) designation of the area as a national marine sanctuary, will facilitate the objectives in subparagraph (B); and "(D) 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), 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, 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.

16 USC 1433.