16 U.S.C. § 6404

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

Section 6404 - Coral reef action plans

(a) Plans prepared by Federal reef managers

(1) In general

Not later than 3 years after December 23, 2022, and 2 years after the date of publication of each National Coral Reef Resilience Strategy, each Federal reef manager shall-

(A) prepare a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager; or

(B) in the case of a reef under the jurisdiction of a Federal reef manager for which there is an action plan in effect as of December 23, 2022, update that plan to comply with the requirements of this subsection.

(2) Elements

A plan prepared under paragraph (1) by a Federal reef manager shall include a discussion of the following:

(A) Short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager.

(B) A current adaptive management framework to inform research, monitoring, and assessment needs.

(C) Tools, strategies, and partnerships necessary to identify, monitor, and address pollution, water quality, and other negative impacts to coral reef ecosystems within the jurisdiction of the manager.

(D) The status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager.

(E) Estimated budgetary and resource considerations necessary to carry out the plan.

(F) Contingencies for response to and recovery from emergencies and disasters.

(G) In the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources.

(H) Documentation by the Federal reef manager that the plan is consistent with the National Coral Reef Resilience Strategy.

(I) A data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.

(3) Submission to Task Force

Each Federal reef manager shall submit a plan prepared under paragraph (1) to the Task Force.

(4) Application of Administrative Procedure Act

Each plan prepared under paragraph (1) shall be subject to the requirements of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the "Administrative Procedure Act").

(b) Plans prepared by covered reef managers

(1) In general

A covered reef manager may elect to prepare, submit to the Task Force, and maintain a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.

(2) Effective period

A plan prepared under this subsection shall remain in effect for 5 years, or until an updated plan is submitted to the Task Force, whichever occurs first.

(3) Elements

A plan prepared under paragraph (1) by a covered reef manager-

(A) shall contain a discussion of-

(i) short- and medium-term coral reef conservation and restoration objectives within the jurisdiction of the manager;

(ii) estimated budgetary and resource considerations necessary to carry out the plan;

(iii) in the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and noncash resources used to undertake the actions, and the source of such resources; and

(iv) contingencies for response to and recovery from emergencies and disasters; and

(B) may contain a discussion of-

(i) the status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager;

(ii) a current adaptive management framework to inform research, monitoring, and assessment needs;

(iii) tools, strategies, and partnerships necessary to identify, monitor, and address pollution and water quality impacts to coral reef ecosystems within the jurisdiction of the manager; and

(iv) a data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.

(c) Technical assistance

The Administrator and the Task Force shall make reasonable efforts to provide technical assistance upon request by a Federal reef manager or covered reef manager developing a coral reef action plan under this section.

(d) Publication

The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on the public website of the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration.

16 U.S.C. § 6404

Pub. L. 106-562, title II, §205, as added Pub. L. 117-263 title C, §10001(a), Dec. 23, 2022, 136 Stat. 3935.

EDITORIAL NOTES

REFERENCES IN TEXTThe Administrative Procedure Act, referred to in subsec. (a)(4), is act June 11, 1946, ch. 324, 60 Stat. 237, which was classified to sections 1001 to 1011 of former Title 5, Executive Departments and Government Officers and Employees, and which was repealed and reenacted as subchapter II (§551 et seq.) of chapter 5, and chapter 7 (§701 et seq.), of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. See Short Title note preceding section 551 of Title 5.

PRIOR PROVISIONSA prior section 6404,Pub. L. 106-562, title II, §2056404,, 114 Stat. 2803, related to creation of a coral reef conservation fund, 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.
Task Force: The term "Task Force" means the United States Coral Reef Task Force established under section 6451 of this title.1 So in original. A closing parenthesis probably should precede the period.
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 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.
covered reef manager: The term "covered reef manager" means-(A) a management unit of a covered State with jurisdiction over a coral reef ecosystem;(B) a covered State; or(C) a coral reef stewardship partnership under section 6405 of this title.
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.