16 U.S.C. § 6402

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 6402 - Federal coral reef management and restoration activities

(a) In general

The Administrator, the Secretary of the Interior, or the Secretary of Commerce may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with-

(1) all applicable laws governing resource management in Federal and State waters, including this chapter;

(2) the National Coral Reef Resilience Strategy; and

(3) coral reef action plans in effect under section 6404 of this title, as applicable.

(b) Activities described

Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including-

(1) developing, including through the collection of requisite in situ and remotely sensed data, high-quality and digitized maps reflecting-

(A) current and historical live coral cover data;

(B) coral reef habitat quality data;

(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix, that benefit coastal communities and living marine resources;

(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix, to benefit coastal communities and living marine resources; and

(E) areas of concern that may require enhanced monitoring of coral health and cover;

(2) enhancing compliance with Federal laws that prohibit or regulate-

(A) the taking of coral products or species associated with coral reefs; or

(B) the use and management of coral reef ecosystems;

(3) long-term ecological monitoring of coral reef ecosystems;

(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.);

(5) restoring degraded coral reef ecosystems;

(6) reducing land-based stressors to coral reef ecosystems;

(7) promoting ecologically sound navigation and anchorages, including through navigational aids and expansion of reef-safe anchorages and mooring buoy systems, to enhance recreational access while preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs;

(8) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including hazardous spill cleanup and the removal of grounded vessels;

(9) conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs;

(10) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems and their ecological and socioeconomic value; and

(11) centrally archiving, managing, and distributing on a public website data sets and coral reef ecosystem assessments, including the data repositories of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.

(c) Federal agencies specified

A Federal agency specified in this subsection is one of the following:

(1) The National Oceanic and Atmospheric Administration.

(2) The National Park Service.

(3) The United States Fish and Wildlife Service.

(4) The Office of Insular Affairs.

16 U.S.C. § 6402

Pub. L. 106-562, title II, §203, as added Pub. L. 117-263 title C, §10001(a), Dec. 23, 2022, 136 Stat. 3932.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (a)(1), was in the original "this Act" which was translated as reading "this title", meaning title II of Pub. L. 106-562 to reflect the probable intent of Congress.The Endangered Species Act of 1973, referred to in subsec. (b)(4), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

PRIOR PROVISIONSA prior section 6402,Pub. L. 106-562, title II, §2036402,, 114 Stat. 2800, related to national coral reef action strategy, prior to repeal by Pub. L. 117-263 title C, §10001(a), Dec. 23, 2022, 136 Stat. 3931.

Administrator: The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.
National Coral Reef Resilience Strategy: The term "National Coral Reef Resilience Strategy" means the National Coral Reef Resilience Strategy in effect under section 6403 of this title.
Secretary: The term "Secretary" means the Secretary of Commerce.
State: The term "State" means-(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or(C) any other territory or possession of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.
conservation: The term "conservation" means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including-(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;(B) mapping;(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources required by Federal law;(D) law enforcement;(E) conflict resolution initiatives;(F) community outreach and education; and(G) promotion of safe and ecologically sound navigation and anchoring.
coral products: The term "coral products" means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species of coral.
coral reef ecosystem: The term "coral reef ecosystem" means-(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and(B) the biotic and abiotic factors and processes that control or significantly affect coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat.
coral reef: The term "coral reef" means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.
coral: The term "coral" means species of the phylum Cnidaria, including-(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.
restoration: The term "restoration" means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.