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33 USC CHAPTER 35 - ARTIFICIAL REEFS 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

-HEAD-

CHAPTER 35 - ARTIFICIAL REEFS

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Sec.

2101. Congressional statement of findings and purpose.

2102. Establishment of standards.

2103. National artificial reef plan.

2104. Permits for construction and management of artificial

reefs.

(a) Secretarial action on permits.

(b) Terms and conditions of permits.

(c) Liability of permittee.

(d) Liability of the United States.

(e) Civil penalty.

2105. Definitions.

2106. Savings clauses.

(a) Tennessee Valley Authority jurisdiction.

(b) State jurisdiction.

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33 USC Sec. 2101 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

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Sec. 2101. Congressional statement of findings and purpose

-STATUTE-

(a) The Congress finds that -

(1) although fishery products provide an important source of

protein and industrial products for United States consumption,

United States fishery production annually falls far short of

satisfying United States demand;

(2) overfishing and the degradation of vital fishery resource

habitats have caused a reduction in the abundance and diversity

of United States fishery resources;

(3) escalated energy costs have had a negative effect on the

economics of United States commercial and recreational fisheries;

(4) commercial and recreational fisheries are a prominent

factor in United States coastal economies and the direct and

indirect returns to the United States economy from commercial and

recreational fishing expenditures are threefold; and

(5) properly designed, constructed, and located artificial

reefs in waters covered under this chapter can enhance the

habitat and diversity of fishery resources; enhance United States

recreational and commercial fishing opportunities; increase the

production of fishery products in the United States; increase the

energy efficiency of recreational and commercial fisheries; and

contribute to the United States and coastal economies.

(b) The purpose of this chapter is to promote and facilitate

responsible and effective efforts to establish artificial reefs in

waters covered under this chapter.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 202, Nov. 8, 1984, 98 Stat. 3394.)

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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.

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SHORT TITLE

Section 201 of title II of Pub. L. 98-623 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'."

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33 USC Sec. 2102 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

-HEAD-

Sec. 2102. Establishment of standards

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3395.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2103 of this title.

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33 USC Sec. 2103 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

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Sec. 2103. National artificial reef plan

-STATUTE-

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 (!1)

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 chapter. 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;

(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, including,

but not limited to, credits for environmental mitigation and

modified tax obligations.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 204, Nov. 8, 1984, 98 Stat. 3395.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2104 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Management".

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33 USC Sec. 2104 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

-HEAD-

Sec. 2104. Permits for construction and management of artificial

reefs

-STATUTE-

(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 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 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 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 property.

(2) Before issuing a permit under section 1342 of this title for

any activity relating to the siting, design, construction,

operation, maintenance, monitoring, or managing of an artificial

reef, the Administrator of the Environmental Protection Agency

shall consult with the Secretary to ensure that such permit is

consistent with any permit issued by the Secretary subject to this

section.

(c) Liability of permittee

(1) A person to whom a permit is issued in accordance with

subsection (a) of this section and any insurer of that person shall

not be liable for damages caused by activities required to be

undertaken under any terms and conditions of the permit, if the

permittee is in compliance with such terms and conditions.

(2) A person to whom a permit is issued in accordance with

subsection (a) of this section and any insurer of that person shall

be liable, to the extent determined under applicable law, for

damages to which paragraph (1) does not apply.

(3) The Secretary may not issue a permit subject to this section

to a person unless that person demonstrates to the Secretary the

financial ability to assume liability for all damages that may

arise with respect to an artificial reef and for which such

permittee may be liable.

(4) Any person who has transferred title to artificial reef

construction materials to a person to whom a permit is issued in

accordance with subsection (a) of this section shall not be liable

for damages arising from the use of such materials in an artificial

reef, if such materials meet applicable requirements of the plan

published under section 2103 of this title and are not otherwise

defective at the time title is transferred.

(d) Liability of the United States

Nothing in this chapter creates any liability on the part of the

United States.

(e) Civil penalty

Any person who, after notice and an opportunity for a hearing, is

found to have violated any provision of a permit issued in

accordance with subsection (a) of this section shall be liable to

the United States for a civil penalty, not to exceed $10,000 for

each violation. The amount of the civil penalty shall be assessed

by the Secretary by written notice. In determining the amount of

such penalty, the Secretary shall take into account the nature,

circumstances, extent, and gravity of the violation. The Secretary

may compromise, modify, or remit with or without conditions, any

civil penalty which is subject to imposition or which has been

imposed under this section. If any person fails to pay an

assessment of a civil penalty after it has become final, the

Secretary may refer the matter to the Attorney General for

collection.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 205, Nov. 8, 1984, 98 Stat. 3396.)

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33 USC Sec. 2105 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

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Sec. 2105. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "artificial reef" means a structure which is

constructed or placed in waters covered under this chapter for

the purpose of enhancing fishery resources and commercial and

recreational fishing opportunities.

(2) The term "State" means a State of the United States, the

District of Columbia, Puerto Rico, the United States Virgin

Islands, American Samoa, Guam, Johnston Island, Midway Island,

and Wake Island.

(3) The term "waters covered under this chapter" means the

navigable waters of the United States and the waters superjacent

to the Outer Continental Shelf as defined in section 1331 of

title 43, to the extent such waters exist in or are adjacent to

any State.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 206, Nov. 8, 1984, 98 Stat. 3397.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2103 of this title.

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33 USC Sec. 2106 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35 - ARTIFICIAL REEFS

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Sec. 2106. Savings clauses

-STATUTE-

(a) Tennessee Valley Authority jurisdiction

Nothing in this chapter shall be construed as replacing or

superseding section 831y-1 of title 16.

(b) State jurisdiction

Nothing in this chapter shall be construed as extending or

diminishing the jurisdiction or authority of any State over the

siting, construction, monitoring, or managing of artificial reefs

within its boundaries.

-SOURCE-

(Pub. L. 98-623, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3398.)

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