16 USC 1443 – Destruction or loss of, or injury to, sanctuary resources
(a) Liability
(1) Liability to United States
Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of—
(A) the amount of response costs and damages resulting from the destruction, loss, or injury; and
(B) interest on that amount calculated in the manner described under section 2705 of title 33.
(2) Liability in rem
Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.
(3) Defenses
A person is not liable under this subsection if that person establishes that—
(A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care;
(B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or
(C) the destruction, loss, or injury was negligible.
(4) Limits to liability
Nothing in sections 4281-4289 of the Revised Statutes of the United States or section 30706 of title 46 shall limit the liability of any person under this chapter.
(b) Response actions and damage assessment
(1) Response actions
The Secretary may undertake or authorize all necessary actions to prevent or minimize the destruction or loss of, or injury to, sanctuary resources, or to minimize the imminent risk of such destruction, loss, or injury.
(2) Damage assessment
The Secretary shall assess damages to sanctuary resources in accordance with section 1432(6) of this title.
(c) Civil actions for response costs and damages
(1) The Attorney General, upon request of the Secretary, may commence a civil action against any person or vessel who may be liable under subsection (a) for response costs and damages. The Secretary, acting as trustee for sanctuary resources for the United States, shall submit a request for such an action to the Attorney General whenever a person may be liable for such costs or damages.
Terms Used In 16 USC 1443
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- damages: includes &mdash. See 16 USC 1432
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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. See 16 USC 1432
- 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. See 16 USC 1432
- Secretary: means the Secretary of Commerce. See 16 USC 1432
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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. See 16 USC 1432
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
(2) An action under this subsection may be brought in the United States district court for any district in which—
(A) the defendant is located, resides, or is doing business, in the case of an action against a person;
(B) the vessel is located, in the case of an action against a vessel; or
(C) the destruction of, loss of, or injury to a sanctuary resource occurred.
(d) Use of recovered amounts
Response costs and damages recovered by the Secretary under this section shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42, and used as follows:
(1) Response costs
Amounts recovered by the United States for costs of response actions and damage assessments under this section shall be used, as the Secretary considers appropriate—
(A) to reimburse the Secretary or any other Federal or State agency that conducted those activities; and
(B) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any sanctuary resource.
(2) Other amounts
All other amounts recovered shall be used, in order of priority—
(A) to restore, replace, or acquire the equivalent of the sanctuary resources that were the subject of the action, including for costs of monitoring and the costs of curation and conservation of archeological, historical, and cultural sanctuary resources;
(B) to restore degraded sanctuary resources of the national marine sanctuary that was the subject of the action, giving priority to sanctuary resources and habitats that are comparable to the sanctuary resources that were the subject of the action; and
(C) to restore degraded sanctuary resources of other national marine sanctuaries.
(3) Federal-State coordination
Amounts recovered under this section with respect to sanctuary resources lying within the jurisdiction of a State shall be used under paragraphs (2)(A) and (B) in accordance with the court decree or settlement agreement and an agreement entered into by the Secretary and the Governor of that State.
(e) Statute of limitations
An action for response costs or damages under subsection (c) shall be barred unless the complaint is filed within 3 years after the date on which the Secretary completes a damage assessment and restoration plan for the sanctuary resources to which the action relates.