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National
United States
National Fisheries Enhancement Act

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 33USC2101]


TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER 35--ARTIFICIAL REEFS

Sec. 2101. Congressional statement of findings and purpose

(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.

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

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.


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'.''

Sec. 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.

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


Sec. 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 \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--
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\1\ So in original. Probably should be ``Management''.
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(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.

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

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.


Sec. 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 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.

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


Sec. 2105. Definitions

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.

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

Sec. 2106. Savings clauses


(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.

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