United States v. Fisher

22 F.3d 262, 1994 WL 191961
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 3, 1994
DocketNo. 92-4799
StatusPublished
Cited by4 cases

This text of 22 F.3d 262 (United States v. Fisher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Fisher, 22 F.3d 262, 1994 WL 191961 (11th Cir. 1994).

Opinion

FRIEDMAN, Senior Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of Florida preliminarily enjoining the appellants from violating the Marine Protection, Research, and Sanctuaries Act (“Sanctuaries Act”), 16 U.S.C. §§ 1431-45, and the Florida Keys National Marine Sanctuary and Protection Act (“Florida Keys Act”), Pub.L. No. 101-605, 104 Stat. 3089 (1990), by conducting certain marine salvage operations. We hold that the district court did not abuse its discretion in granting the preliminary injunction and therefore affirm.

[264]*264I

A. The Statutory Scheme

Congress enacted the Sanctuaries Act in response to a “growing concern about the increasing degradation of marine habitats.” S.Rep. No. 595, 100th Cong., 2d Sess. 1 (1988), reprinted in 1988 U.S.C.C.A.N. 4387. The Sanctuaries Act

provides for the protection of important and sensitive marine areas and resources of national significance through the establishment of marine sanctuaries. The purpose of these sanctuaries is to preserve or restore such areas for their conservation, recreational, ecological, or aesthetic value.

Id.; see also 16 U.S.C. § 1431.

The statement of the “Purposes and policies” of the Act includes:

(2) to provide authority for comprehensive and coordinated conservation and management of these marine areas that will complement existing regulatory authorities;
(5) to facilitate, to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas not prohibited pursuant to other authorities.

16 U.S.C. § 1431(b).

The Sanctuaries Act gives the Secretary of Commerce (“Secretary”) the authority to designate and manage marine sanctuaries and to specify in such designation the regulatory requirements for the particular sanctuary. 16 U.S.C. § 1433. The Secretary has delegated these responsibilities to the Department’s National Oceanic and Atmospheric Administration (“Administration”). S.Rep. No. 595, 1988 U.S.C.C.A.N. at 4387-88.

The statute defines “sanctuary resource” broadly to mean

any living or nonliving resource of a national marine sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the sanctuary.

16 U.S.C. § 1432(8).

The Act specifies the procedures the Secretary must follow in designating a marine sanctuary. In “proposing to designate a national marine sanctuary,” the Secretary must provide a management plan, an environmental impact statement, and other documents to accompany the notice of proposed designation. 16 U.S.C. § 1434(a)(1). The documentation is first provided in draft form for public comment by publication in the Federal Register and to the appropriate committees of both Houses of Congress. Id. Final documentation is published in the Federal Register and provided to Congress. 16 U.S.C. § 1434(b). The sanctuary designation “takes effect” forty-five days after the Secretary issues the final “notice of designation.” The forty-five day period allows Congress the opportunity to disapprove “any of [the designation’s] terms.” Id.

The Secretary is authorized to “conduct such enforcement activities as are necessary and reasonable to carry out this [Sanctuaries Act].” 16 U.S.C. § 1437(a). Under 16 U.S.C. § 1443(a)(1),

[a]ny person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

The statute also provides for judicial equitable relief:

If the Secretary determines that there is an imminent risk of destruction or loss of or injury to a sanctuary resource, or that there has been actual destruction or loss of, or injury to, a sanctuary resource which may give rise to liability under section 1443 of this title, the Attorney General, upon request of the Secretary, shall seek to obtain such relief as may be necessary to abate such risk or actual destruction, loss or injury, or to restore or replace the sanctuary resource, or both. The district courts of the United States shall have jurisdiction in such a ease to order such relief as the public interest and the equities of the case may require.

16 U.S.C. § 1437®.

In addition to the designation of marine sanctuaries by the Secretary, Congress itself has designated sanctuaries. In the Florida Keys Act, Congress “designated as the Florida Keys National Marine Sanctuary under title III of the [Sanctuaries Act] [the area [265]*265involved in this case]. The Sanctuary shall be managed and regulations enforced under all applicable provisions of such title III as if the Sanctuary had been designated under such title.” Florida Keys Act § 5(a). The stated “purpose of this Act is to protect the resources of the [Florida Keys National Marine Sanctuary].” Id. § 3(b). Among the Congressional findings in the Act are that “spectacular, unique, and nationally significant marine environments, including seag-rass meadows” are located adjacent to the “Florida Keys land mass” (id. § 2(2)) and that “[t]hese marine environments are subject to damage and loss of their ecological integrity from a variety of sources of disturbance.” Id. § 2(5).

The Florida Keys Act requires a number of planning activities, coupled with public participation requirements, which parallel those in the Sanctuaries Act. For example, the Administration is directed to develop a comprehensive management plan for the sanctuary within 30 months to “facilitate all public and private uses of the Sanctuary consistent with the primary objective of Sanctuary protection.” Id. § 7(a)(1). The Environmental Protection Agency is directed to prepare a comprehensive water quality protection program for the sanctuary. Id. § 8(a). The Administration is required to establish an intergovernmental advisory council to assist in the development and implementation of the management plan for the sanctuary. Id. § 9(a).

Both the Sanctuaries Act and the Florida Keys Act were later amended by the Oceans Act of 1992, which became effective after the injunction in this case. Pub.L. No. 102-587, 106 Stat. 5039 (1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Deng v. Whitaker
Second Circuit, 2019
United States v. Fisher
977 F. Supp. 1193 (S.D. Florida, 1997)
United States v. Fisher
22 F.3d 262 (Eleventh Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
22 F.3d 262, 1994 WL 191961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fisher-ca11-1994.