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33 U.S.C. § 2103 — National artificial reef plan

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2103 — National artificial reef plan

Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment 11 So in original. Probably should be “Management”. Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2102&num=0&edition=prelim). The plan must include— (1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs; (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2104&num=0&edition=prelim); (4) mechanisms and methodologies for managing the use of artificial reefs; (5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2104&num=0&edition=prelim), including, but not limited to, credits for envir

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Source file: Laws/federal/codes/united-states-code/title-33/section-2103-national-artificial-reef-plan--3c13178eb6.md
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Source location: Title 33, Chapter 35, § 2103; chapter-035-artificial-reefs.md

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2104 — Permits for construction and management of artificial reefs

**(a) Secretarial action on permits** In issuing a permit for artificial reefs under [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section403&num=0&edition=prelim), [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim), or [section 1333(e) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1333/e&num=0&edition=prelim), the Secretary of the Army (hereinafter in this section referred to as the “Secretary”) shall— (1) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; (2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this chapter; (3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2103&num=0&edition=prelim) and notify the Secretary of Commerce of any need to deviate from that plan. **(b) Terms and conditions of permits** (1) Each permit issued by the Secretary subject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, and managing the use of the

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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33 U.S.C. § 2102 — Establishment of standards

Based on the best scientific information available, artificial reefs in waters covered under this chapter shall be sited and constructed, and subsequently monitored and managed in a manner which will— (1) enhance fishery resources to the maximum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2103 — National artificial reef plan

Page 685 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2104 1 So in original. Probably should be ‘‘Management’’. (Pub. L. 98–623, title II, § 202, Nov. 8, 1984, 98 Stat. 3394.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–623, which in addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections 1220, 1220a, 1220b, and 1220c of Title 16. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–623, title II, § 201, Nov. 8, 1984, 98 Stat. 3394, provided that: ‘‘This title [enacting this chapter and section 1220d of Title 16, Conservation, and amending sections 1220 to 1220c of Title 16] may be cited as the ‘National Fishing Enhancement Act of 1984’.’’ § 2102. Establishment of standards Based on the best scientific information avail- able, artificial reefs in waters covered under this chapter shall be sited and constructed, and sub- sequently monitored and managed in a manner which will— (1) enhance fishery resources to the max- imum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navi- gation. (Pub. L. 98–623, title II, § 203, Nov. 8, 1984, 98 Stat. 3395.) § 2103. National artificial reef plan Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interio

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