§ 777e-1. — New England Fishery Resources Restoration Act of 1990.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC777e-1]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777e-1. New England Fishery Resources Restoration Act of
1990
(a) Short title
This section may be cited as the ``New England Fishery Resources
Restoration Act of 1990''.
(b) Purposes
The purposes of this section are to--
(1) ensure timely and effective implementation of restoration
plans and programs for Atlantic salmon and other fishery resources
of selected river systems in New England;
(2) complete a study of fish passage impediments and
requirements on small streams and rivers in New England; and
(3) develop an inventory of important fish and wildlife habitat
and other natural areas of river basins in New England.
(c) Implementation of fishery resource restoration plans
The Director of the United States Fish and Wildlife Service,
hereinafter referred to as the Director, in consultation with the
Assistant Administrator for Fisheries of the National Oceanic and
Atmospheric Administration shall formulate, establish and implement
programs to restore and maintain nationally significant,
interjurisdictional fishery resources originating in New England river
systems, including the Connecticut, Thames, Pawcatuck, Merrimack, Saco,
Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot,
Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag
and Aroostock and their tributaries. These programs shall be in
accordance with the schedule and responsibilities established in
comprehensive basin-wide restoration plans prepared by the Director in
cooperation with State, local, and other entities involved and
interested in the conservation and management of the affected fishery
resources. Preparation and periodic revision of restoration plans, and
their implementation, shall be based on a Memorandum of Agreement for
each restoration program which shall be entered into by the Director and
cooperating entities. The Director shall prepare and submit to the House
Committee on Merchant Marine and Fisheries and the Senate Committee on
Environment and Public Works an annual report documenting activities
undertaken and accomplishments achieved in fulfillment of this section,
including an assessment of the prognosis for restoration of each of the
stocks and species involved.
(d) Fish passage study
The Director shall conduct a study to identify impediments to
upstream and downstream passage of fish in rivers and streams in the New
England States due to dams that are not licensed by the Federal Energy
Regulatory Commission or other human-caused obstructions. In addition,
the study shall identify actions needed to alleviate those impediments
where desirable and feasible. The study shall include, but not be
limited to, identifying--
(1) all dams not licensed by the Federal Energy Regulatory
Commission and other human-caused obstructions on New England rivers
and streams where construction of upstream or downstream fish
passage facilities or their removal would benefit fishery resources,
including an estimate of the degree of benefits expected; and
(2) the proposed nature and size and estimated cost of
appropriate fish passage facilities or other actions determined to
be necessary and feasible or each dam or other obstruction
identified in response to paragraph (1).
The Director shall provide notice to the public of the extent and nature
of the study by publication of such information in major newspapers in
the region and by other appropriate means. Within three years of
November 16, 1990, the Director shall submit a report containing the
findings, conclusions and recommendations of the study to the House
Committee on Merchant Marine and Fisheries and the Senate Committee on
Environment and Public Works.
(e) New England rivers fish and wildlife inventory
The Director shall inventory the natural values of river basins in
New England, including the Connecticut, Pawcatuck, Acushnet, North and
South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco,
Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock
Rivers and their tributaries, and identify fish and wildlife habitat in
most need of protection or where public access to the rivers should be
provided. In addition, the Director shall, in cooperation with
appropriate State agencies and local governments and after providing
notice and opportunity for public comment, identify appropriate public
or private measures for providing the necessary protection or access for
each area included in the inventory. Within two years of November 16,
1990, the Director shall submit a report containing the findings,
conclusions, and recommendations of the inventory and assessment to the
House Committee on Merchant Marine and Fisheries and the Senate
Committee on Environment and Public Works.
(f) Authorization of appropriations
There are authorized to be appropriated to the Director--
(1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994,
and 1995 to implement fishery resource restoration plans and
programs, except for activities related to the design and
construction of fish passage facilities, as directed by subsection
(c) of this section;
(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to
conduct the study required under subsection (d) of this section; and
(3) $500,000 to conduct the inventory and assessment required
under section \1\ (e) of this section.
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\1\ So in original. Probably should be ``subsection''.
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(Pub. L. 101-593, title I, Sec. 111, Nov. 16, 1990, 104 Stat. 2960.)
References in Text
This section, referred to in subsec. (b), was in the original ``this
Act'', which probably was intended as a reference to New England Fishery
Resources Restoration Act of 1990, section 111 of Pub. L. 101-593, title
I, Nov. 16, 1990, 104 Stat. 2960, which is classified generally to this
section.
Codification
Section was enacted as the New England Fishery Resources Restoration
Act of 1990, and not as part of the Fish Restoration and Management
Projects Act which comprises this chapter.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
