33 USC 2263 - Study of Corps capability to conserve fish and wildlife

View all text of Subchapter IV [§ 2261 - § 2270]

§ 2263. Study of Corps capability to conserve fish and wildlife

(a) Investigation and study

(b) Projects

(1) In general

(2) InclusionsSuch projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include—

(A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York;

(B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;

(D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including—

(i) the construction of oyster bars and reefs;

(ii) the rehabilitation of existing marginal habitat;

(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;

(iv) the construction and upgrading of oyster hatcheries; and

(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.

(3) Restoration and rehabilitation activitiesThe restoration and rehabilitation activities described in paragraph (2)(D) shall be—

(A) for the purpose of establishing permanent sanctuaries and harvest management areas; and

(B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.

(4) Cost sharing

(A) In general

(B) FormThe non-Federal share may be provided through in-kind services, including—

(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and

(ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—(I) enhance the viability of oyster restoration efforts;(II) are integral to the project; and(III) are cost effective.

(5) Definition of ecological successIn this subsection, the term “ecological success” means—

(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and

(B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.

In carrying out paragraph (4),1

1 See References in Text note below.

the Chief of Engineers may solicit participation by and the services of commercial watermen in the construction of the reefs.

(Pub. L. 99–662, title VII, § 704, Nov. 17, 1986, 100 Stat. 4157; Pub. L. 104–303, title V, § 505, Oct. 12, 1996, 110 Stat. 3757; Pub. L. 106–541, title III, § 342, Dec. 11, 2000, 114 Stat. 2612; Pub. L. 107–66, title I, § 113, Nov. 12, 2001, 115 Stat. 496; Pub. L. 109–103, title I, § 126, Nov. 19, 2005, 119 Stat. 2259; Pub. L. 110–114, title V, § 5021, Nov. 8, 2007, 121 Stat. 1202; Pub. L. 113–121, title IV, § 4010(b), June 10, 2014, 128 Stat. 1318; Pub. L. 114–322, title I, § 1180, Dec. 16, 2016, 130 Stat. 1677.)