National Marine Sanctuaries Program Authorization Act of 1988

(Measure passed House, amended)

National Marine Sanctuaries Program Authorization Act of 1988 - Title I: National Marine Sanctuaries Program Authorization and Amendments - Amends title III (National Marine Sanctuaries) of the Marine Protection, Research, and Sanctuaries Act of 1972 to require the Secretary of Commerce to publish and submit to the Congress notice of the designation of a new national marine sanctuary site, with final regulations to implement such designation, within 120 days after the close of the first 45-day period of congressional review of a proposed sanctuary, unless the Secretary decides not to proceed with the designation. Authorizes a 30-day extension of such deadline if the Secretary determines that additional time is needed for analysis or response to public comments. Requires that a determination not to proceed with a designation be made in writing and submitted to the Committee on Merchant Marine and Fisheries of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate.

Directs the Secretary to publish a designation notice (or findings regarding why such notice has not been published) within 30 months after publication of a notice declaring a site to be an active candidate for sanctuary designation.

Requires the Secretary to take the action necessary to promote and coordinate the use of national marine sanctuaries for research.

Authorizes the Secretary to issue special use permits for the conduct of specified activities in a national marine sanctuary if it is necessary to condition access to and use of, or promote public use and understanding of a sanctuary resource. Requires that such permits: (1) authorize only those activities which are compatible with the purposes for which the sanctuary is designated, and sanctuary resource protection; (2) last for no more than five years, unless renewed; and (3) require permittees to purchase and maintain comprehensive general liability insurance against claims arising out of permitted activities and agree to hold the Federal Government harmless against such claims. Authorizes the imposition of permit fees which, after recovering permit issuance costs and costs incurred by the Secretary as the direct result of permitted activities, provide the Federal Government with a reasonable return. Authorizes the use of collected fees for the permit program, and for designating and managing sanctuaries. Imposes penalties for the violation of permit provisions. Directs each permittee to submit an annual report to the Secretary which described activities conducted pursuant to such permit and revenues derived from such activities during the year. Excludes fishing from this Act's permit process. Requires the Secretary to submit annual reports to specified congressional committees on the implementation of the permit process.

Authorizes the Secretary to enter into cooperative agreements with nonprofit organizations to aid and promote interpretive, historical, scientific, and educational activities, and solicit private donations for such activities.

Subjects anyone who destroys, causes the loss of, or injures any sanctuary resource to liability to the Federal Government for response costs and damages resulting from such destruction, loss, or injury. Subjects vessels to liability in rem for such costs or damages. Sets forth defenses to such liability. Directs the Secretary to pursue civil actions against persons or vessels who may be liable for such costs or damages.

Sets forth dates by which the Secretary must issue a designation notice regarding the proposed Cordell Banks, Flower Garden Banks, Monterey Bay, and Western Washington Outer Coast National Marine Sanctuaries. Requires the Secretary to submit a prospectus to specified congressional committees by March 31, 1991, regarding the Northern Puget Sound National Marine Sanctuary.

Directs the Secretary to conduct a study to determine whether all or any part of the Santa Monica Bay area and three marine areas in the Florida Keys should be designated as national marine sanctuaries or added to specified existing sanctuaries. Requires the Secretary to report to the Congress regarding such study within two years of this Act's enactment and commence the designation process with respect to areas found appropriate for designation or inclusion in existing sanctuaries.

Authorizes specified enforcement actions against title III violators, including: (1) the imposition of a civil penalty of up to $50,000 for each day a person is guilty of a violation; and (2) the forfeiture of any vessel and other item used, and any sanctuary resource taken or retained in connection with or as a result of a violation; and (3) injunctive relief.

Authorizes appropriations under title III of the Act through FY 1992. Divides such authorization among the categories general administration, management of sanctuaries, and site review and analysis.

Directs the Secretary to submit a plan to specified congressional committees, within six months of this Act's enactment, for a suitable permanent display in coastal North Carolina of artifacts and materials of the U.S.S. Monitor.

Requires the Secretary of Transportation, within six months of this Act's enactment, to transmit to the Congress: (1) provisions of international conventions and U.S. laws and regulations which reduce the risk of a vessel collision or incident resulting in environmental damage in the Channel Islands National Marine Sanctuary; (2) provisions of the National Contingency Plan for removal of oil and hazardous substances which enable the Secretary to effectively respond to an oil pollution incident affecting such sanctuary; (3) a list of pollution exercises conducted and a schedule of such exercises to be conducted under the National Contingency Plan in the Santa Barbara Channel; (4) a report on the establishment of safety fairways off the California coast and the Long Beach NAVTEX in Long Beach, California; and (5) a report on the status and recommendations of all Federal, State, and local studies into the hazards shipping poses to the Channel Islands National Marine Sanctuary. Directs the Secretary of Transportation to prepare and submit a proposal to the International Maritime Organization to designate the portion of the Channel Islands National Marine Sanctuary which is outside of the Santa Barbara Channel Traffic Separation Scheme, as an area to be avoided.

Title II: Liability for Destruction or Loss of, or injury to, National Parks System Resources - Subjects anyone who destroys, causes the loss of, or injures any park system resource to liability to the Federal Government for response costs and damages resulting from such destruction, loss,or injury. Subjects vessels to liability in rem for such costs or damages. Sets forth defenses to such liability. Directs the Secretary of the Interior to pursue civil actions against persons or vessels who may be liable for such costs or damages.

Authorizes the Secretary of the Interior to pursue injunctive relief in Federal district court to abate actual harm or the threat of harm to a park resource.

Title III: Abandoned Shipwrecks Located in National Marine Sanctuaries - Provides that this Act shall not affect the management of abandoned shipwrecks located within the boundaries of any national marine sanctuary.