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U.S. Code as of:
01/19/04
Section 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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