§ 539b. — Fisheries on national forest lands in Alaska.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC539b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 539b. Fisheries on national forest lands in Alaska
(a) Regulations for protection and maintenance of habitats
The Secretary of Agriculture shall, in consultation with the
Secretaries of Commerce and the Interior, and with the State of Alaska,
pursuant to his existing authority to manage surface resources,
promulgate such reasonable regulations as he determines necessary after
consideration of existing laws and regulations to maintain the habitats,
to the maximum extent feasible, of anadromous fish and other foodfish,
and to maintain the present and continued productivity of such habitat
when such habitats are affected by mining activities on national forest
lands in Alaska. The Secretary of Agriculture, in consultation with the
State, shall assess the effects on the populations of such fish in
determinations made pursuant to this subsection.
(b) Approved plan for mining operations; requirements; review;
modification; suspension of activities
Because of the large scale of contemplated mining operations and the
proximity of such operations to important fishery resources, with
respect to mining operations in the Quartz Hill area of the Tongass
National Forest, the regulations of the Secretary shall, pursuant to
this subsection, include a requirement that all mining operations
involving significant surface disturbance shall be in accordance with an
approved plan of operations. Before approving any proposed plan or
distinct stages of such plan of operations for any such claims when any
fishery habitat or fishery value may be affected, the Secretary shall,
in consultation with the Secretaries of Commerce and the Interior and
the State of Alaska, determine--
(1) that such plan or stages of such plan are based upon and
shall include studies or information which he determines are
adequate for--
(A) evaluating the water quality and water quantity, fishery
habitat, and other fishery values of the affected area; and
(B) evaluating to the maximum extent feasible and relevant,
the sensitivity to environmental degradation from activities
carried out under such plan of the fishery habitat as it affects
the various life stages of anadromous fish and other foodfish
and their major food chain components;
(2) that such plan adequately identifies the risks the
operations under such plan or such stages might pose to and the
benefits the operations under such plan might provide to--
(A) the natural stability and the present and continued
productivity of anadromous fish and other foodfish;
(B) fishery habitat, including but not limited to water
quality and water quantity; and
(C) other fishery values;
(3) that such plan includes provisions which he determines are
adequate for the purposes of--
(A) preventing significant adverse environmental impacts to
the fishery habitat (including but not limited to water quality
and water quantity) or other fishery values; and
(B) maintaining present and continued productivity of the
habitat of anadromous fish and other foodfish which might be
affected by the mining and other activities proposed to be
conducted in accordance with such plan or such stages of the
plan of operations;
(4)(A) the Secretary shall ensure, to the maximum extent
feasible, that the cumulative effects of activities carried out
under the operating plan will not interfere with the ability to
collect baseline information needed by the Secretary to evaluate the
effects of various stages of the operating plan on the fishery
habitat and productivity of such habitats;
(B) the Secretary shall review such plan and mining activities
on at least an annual basis. With respect to any mining or
associated activities, the Secretary, if he determines upon notice
and hearing, that the activities are harmful to the continued
productivity of anadromous fish, or other foodfish populations or
fishery habitat, shall require a modification of the plan to
eliminate or mitigate, if necessary, the harmful effects of such
activities; and
(5) upon a finding by the Secretary that a mining activity
conducted as a part of a mining operation exists which constitutes a
threat of irreparable harm to anadromous fish, or other foodfish
populations or their habitat, and that immediate correction is
required to prevent such harm, he may require such activity to be
suspended for not to exceed seven days, provided the activity may be
resumed at the end of said seven-day period unless otherwise
required by a United States district court.
(c) Authority of State of Alaska to manage fish and wildlife
Nothing in this section shall enlarge or diminish the responsibility
and authority of the State of Alaska to manage fish and wildlife or to
exercise its other responsibilities under applicable law.
(d) Authority of Secretary of Agriculture to manage national forests
Except as specifically provided in subsection (b)(5) of this section
nothing in this section shall enlarge or diminish the responsibilities
and authorities of the Secretary of Agriculture to manage the national
forests.
(Pub. L. 96-487, title V, Sec. 505, Dec. 2, 1980, 94 Stat. 2405.)
