
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
