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

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 Interior, the Secretary of Defense, the Administrator of the Environ- mental Protection Agency, the Secretary of the Department in which the Coast Guard is oper- ating, the Regional Fishery Managment 1 Coun- cils, interested States, Interstate Fishery Com- missions, and representatives of the private sec- tor, 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. The plan must include— (1) geographic, hydrographic, geologic, bio- logical, 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 moni- toring the compliance of artificial reefs with the requirements of permits issued under sec- tion 2104 of this title; (4) mechanisms and methodologies for man- aging the use of artificial reefs; (5) a synopsis of existing information on ar- tificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facili- tating the transfer of artificial reef construc- tion materials to persons holding permits issued pursuant to section 2104 of this title, in- cluding, but not limited to, credits for envi- ronmental mitigation and modified tax obliga- tions. (Pub. L. 98–623, title II, § 204, Nov. 8, 1984, 98 Stat. 3395.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 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, section 1344 of this title, or section 1333(e) of title 43, the Secretary of the Army (hereinafter in this section referred to as the ‘‘Secretary’’) shall— (1) consult with and consider the views of ap- propriate Federal agencies, States, local gov- ernments, and other interested parties; (2) ensure that the provisions for siting, con- structing, monitoring, and managing the arti- ficial 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 fi- nancial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under section 2103 of this title 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 sub- ject 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, oper- ation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and prop- erty. (2) Before issuing a permit under section 1342 of this title for any activity relating to the siting, design, construction, operation, mainte- nance, monitoring, or managing of an artificial reef, the Administrator of the Environmental