Laws: Cases and Codes : U.S. Code : Title 16 : Section 1432


   
U.S. Code as of: 01/19/04
Section 1432. Definitions

      As used in this chapter, the term - 
        (1) "draft management plan" means the plan described in section
      1434(a)(1)(C)(v) (!1) of this title;

        (2) "Magnuson-Stevens Act" means the Magnuson-Stevens 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, including the exclusive economic zone, consistent
      with international law;
        (4) "Secretary" means the Secretary of Commerce;
        (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;
        (6) "damages" includes - 
          (A) compensation for - 
            (i)(I) the cost of replacing, restoring, or acquiring the
          equivalent of a sanctuary resource; and
            (II) the value of the lost use of a sanctuary resource
          pending its restoration or replacement or the acquisition of
          an equivalent sanctuary resource; or
            (ii) the value of a sanctuary resource if the sanctuary
          resource cannot be restored or replaced or if the equivalent
          of such resource cannot be acquired;

          (B) the cost of damage assessments under section 1443(b)(2)
        of this title;
          (C) the reasonable cost of monitoring appropriate to the
        injured, restored, or replaced resources;
          (D) the cost of curation and conservation of archeological,
        historical, and cultural sanctuary resources; and
          (E) the cost of enforcement actions undertaken by the
        Secretary in response to the destruction or loss of, or injury
        to, a sanctuary resource;

        (7) "response costs" means the costs of actions taken or
      authorized by the Secretary to minimize destruction or loss of,
      or injury to, sanctuary resources, or to minimize the imminent
      risks of such destruction, loss, or injury, including costs
      related to seizure, forfeiture, storage, or disposal arising from
      liability under section 1443 of this title;
        (8) "sanctuary resource" means any living or nonliving resource
      of a national marine sanctuary that contributes to the
      conservation, recreational, ecological, historical, educational,
      cultural, archeological, scientific, or aesthetic value of the
      sanctuary; and
        (9) "exclusive economic zone" means the exclusive economic zone
      as defined in the Magnuson-Stevens Act; and
        (10) "System" means the National Marine Sanctuary System
      established by section 1431 of this title.



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