§ 1432. Definitions

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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)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.

(Pub. L. 92–532, title III, § 302, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–332, § 2, Aug. 29, 1980, 94 Stat. 1057; Pub. L. 97–375, title II, § 202(a), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2297; Pub. L. 100–627, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3217; Pub. L. 102–587, title II, § 2102, Nov. 4, 1992, 106 Stat. 5040; Pub. L. 104–283, § 9(b), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, §§ 4, 19(b)(1), (2), Nov. 13, 2000, 114 Stat. 2382, 2392, 2393.)

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