822 



interested Federal agencies, and with the approval 

 of the President, may designate as marine sanctu- 

 aries those areas of the ocean waters, as far sea- 

 ward as the outer edge of the Continental Shelf, as 

 defined in the Convention of the Continental Shelf 

 (15 U.S.T. 74; TIAS 5578), of other coastal waters 

 where the tide ebbs and flows, or of the Great Lakes 

 and their connecting waters, which he determines 

 necessary for the purpose of preserving or restoring 

 such areas for their conservation, recreational, eco- 

 logical, or esthetic values. The consultation shall 

 include an opportunity to review and comment on a 

 specific proposed designation. 



(b) Waters lying within the territorial limits of State 

 or superjacent to subsoil and seabed within sea- 

 ward boundary of coastal State. 



Prior to designating a marine sanctuary which 

 includes waters lying within the territorial limits of 

 any State or superjacent to the subsoil and seabed 

 within the seaward boundary of a coastal State, as 

 that boundary is defined in section 1301 of Title 43, 

 the Secretary shall consult with, and give due con- 

 sideration to the views of, the responsible officials of 

 the State involved. As to such waters, a designation 

 under this section shall become effective sixty days 

 after it is published, unless the Governor of any 

 State involved shall, before the expiration of the 

 sixty-day period, certify to the Secretary that the 

 designation, or a specified portion thereof, is un- 

 acceptable to his State, in which case the designated 

 sanctuary shall not include the area certified as un- 

 acceptable until such time as the Governor with- 

 draws his certification of imacceptability. 



(c) Sanctuaries which include areas of ocean waters 

 outside territorial waters of United States. 



When a marine sanctuary is designated, pursuant 

 to this section, which includes an area of ocean 

 waters outside the territorial jurisdiction of the 

 United States, the Secretary of State shall take such 

 actions as may be appropriate to enter into nego- 

 tiations with other Governments for the purpose of 

 arriving at necessary agreements with those Govern- 

 ments, in order to protect such sanctuary and to 

 promote the purposes for which it was established. 



(d) Annual report to Congress. 



The Secretary shall submit an annual report to 

 the Congress, on or before November 1 of each year, 

 setting /orth a comprehensive review of his actions 

 during the previous fiscal year undertaken pursuant 

 to the authority of this section, together with ap- 

 propriate recommendation for legislation considered 

 necessary for the designation and protection of 

 marine sanctuaries. 



(e) Hearings in coastal areas most directly affected. 

 Before a marine sanctuary is designated under 



this section, the Secretary shall hold public hear- 

 ings in the coastal areas which would be most di- 

 rectly affected by such designation, for the purpose 

 of receiving and giving proper consideration to the 

 views of any interested party. Such hearings shall be 

 held no earlier than thirty days after the publication 

 of a public notice thereof. 



(f) Regulations controlling activities permitted within 

 sanctuaries. 



After a marine sanctuary has been designated 



under this section, the Secretary, after consultation 

 with other interested Federal agencies, shall issue 

 necessary and reasonable regulations to control any 

 activities permitted within the designated marine 

 sanctuary, and no permit, license, or other author- 

 ization 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 regu- 

 lations promulgated under this section. 



(g) Accordance of regulations with treaties, conven- 

 tions, and other agreements. 



The regulations issued pursuant to subsection (f ) 

 of this section shall be applied in accordance with 

 recognized principles of international law, including 

 trer.ties, conventions, and other agreements to which 

 the United States is signatory. Unless the applica- 

 tion of the regulations is in accordance with such 

 principles or is otherwise authorized by an agree- 

 ment between the United States and the foreign 

 State of which the affected person is a citizen or, 

 in the case of the crew of a foreign vessel, between 

 the United States and fiag State of the vessel, no 

 regulation applicable to ocean waters outside the 

 territorial jurisdiction of the United States shall be 

 applied to a person not a citizen of the United 

 States. (Pub. L. 92-532, title III, § 302, Oct. 23, 1972, 

 86 Stat. 1061.) 



S1433. Penalties. 



(a) Any person subject to the jurisdiction of the 

 United States who violates any regulation issued 

 pursuant to this chapter shall be liable to a civil 

 penalty of not more than $50,000 for each such vio- 

 lation, to be assessed by the Secretary. Each day of 

 a continuing violation shall constitute a separate 

 violation. 



(b) No penalty shall be assessed under this sec- 

 tion until the person charged has been given notice 

 and an opportunity to be heard. Upon failure of the 

 offending party to pay an assessed penalty, the At- 

 torney General, at the request of the Secretary, shall 

 commence action in the appropriate district court 

 of the United States to collect the penalty and to 

 seek such other relief as may be appropriate. 



(c) A vessel used in the violation of a regulation 

 issued pursuant to this chapter shall be liable in 

 rem for any civil penalty assessed for such violation 

 and may be proceeded against in any district court 

 of the United States having jurisdiction thereof. 



(d) The district courts of the United States shall 

 have jurisdiction to restrain a violation of the regu- 

 lations issued pursuant to this chapter, and to grant 

 such other relief as may be appropriate. Actions shall 

 be brought by the Attorney General in the name of 

 the United States, either on his own initiative or at 

 the request of the Secretary. (Pub. L. 92-532, title 

 in, § 303, Oct. 23, 1972, 86 Stat. 1062.) 



§ 1434. Authorization of appropriations. 



There are authorized to be appropriated not to 

 exceed $10,000,000 for each of the fiscal years 1973, 

 1974, and 1975, not to exceed $6,200,000 for fiscal 

 year 1976, not to exceed $1,550,000 for the transi- 

 tion period (July 1 through September 30, 1976), 

 and not to exceed $500,000 for fiscal year 1977 to 

 carry out the provisions of this chapter, including 



