1998 Year of the Ocean The U.S. Marine Transportation System 



essential for national defense, law enforcement, or responses to emergencies that threaten life, 

 property, or the environment. 



Hazardous Materials Transportation Act , 49 U.S.C. §§ 1801-1813 



Authorizes the Secretary of Commerce to regulate the transportation of hazardous materials within 

 the jurisdiction of the United States, including the Commonwealth of Puerto Rico, the Virgin 

 Islands, American Samoa and Guam. 



National Marine Sanctuaries Act (NMSA) , 16 U.S.C. §§1431 et seq. 



The NMSA provides the Secretary of Commerce with the authority to designate and manage 

 nationally significant marine areas as national marine sanctuaries. The NMSA's stated purposes 

 and policies include comprehensive and coordinated conservation and management; enhancing 

 public awareness, understanding, appreciation and wise use of the marine environment; and 

 facilitating, to the extent compatible with the primary objective of resource protection, all public 

 and private uses of resources not prohibited pursuant to other authorities. 



Among the factors the Secretary must consider in determining whether an area merits designation 

 as a national marine sanctuary are present and potential uses of the area that depend on maintenance 

 of the area's resources, including commercial and recreational fishing, other commercial and 

 recreational activities, and research and education; 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. 



The NMSA prohibits the destruction, loss of, or injury to any sanctuary resource managed under 

 the laws or regulations for the sanctuary; the possession, delivery, sale, transport, or shipment of 

 any sanctuary resource taken in violation of the NMSA; interference with law enforcement under 

 the Act; and any violation of the Act, any regulations, or permits issued pursuant to the NMSA. 

 NOAA has the authority to board and search any vessel suspected of violating the NMSA and to 

 execute warrants issued by a court of competent jurisdiction. Any person who destroys, causes the 

 loss of, or injures a sanctuary resource can be found liable for a maximum fine of $100,000 per 

 violation; response costs; damages including replacement cost, restoration cost, or acquisition of an 

 equivalent sanctuary resource, and lost-use value of that resource; and interest. 



Sanctuaries have site specific regulations which include a narrow range of prohibited activities, 

 including for example, those that pertain to discharges, alteration of the seabed, and vessel 

 operations. 



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