§2105. Definitions — Inbound Citations

33 U.S.C. § 2105

Cited by 24 provisions in release 119-102.

Citations to §2105(1)

33 U.S.C. § 2101(a)(5)

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(5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies.
33 U.S.C. § 2101(b)

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(b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter.
33 U.S.C. § 2102

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Based on the best scientific information available, artificial reefs in waters covered under this chapter shall be sited and constructed, and subsequently monitored and managed in a manner which will—
33 U.S.C. § 2103(1)

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(1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs;
33 U.S.C. § 2103(2)

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(2) design, material, and other criteria for constructing artificial reefs;
33 U.S.C. § 2103(3)

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(3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 2104 of this title;
33 U.S.C. § 2103(4)

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(4) mechanisms and methodologies for managing the use of artificial reefs;
33 U.S.C. § 2103(5)

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(5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and
33 U.S.C. § 2103(6)

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(6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 2104 of this title, including, but not limited to, credits for environmental mitigation and modified tax obligations.
33 U.S.C. § 2104(a)

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(a) In issuing a permit for artificial reefs under section 403 of this title, section 1344 of this title, or section 1333(e) of title 43, the Secretary of the Army (hereinafter in this section referred to as the “Secretary”) shall—

(1) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties;

(2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this chapter;

(3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and

(4) consider the plan developed under section 2103 of this title and notify the Secretary of Commerce of any need to deviate from that plan.
33 U.S.C. § 2104(a)(2)

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(2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this chapter;
33 U.S.C. § 2104(a)(3)

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(3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and
33 U.S.C. § 2104(b)(1)

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(1) Each permit issued by the Secretary subject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and property.
33 U.S.C. § 2104(b)(2)

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(2) Before issuing a permit under section 1342 of this title for any activity relating to the siting, design, construction, operation, maintenance, monitoring, or managing of an artificial reef, the Administrator of the Environmental Protection Agency shall consult with the Secretary to ensure that such permit is consistent with any permit issued by the Secretary subject to this section.
33 U.S.C. § 2104(c)(3)

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(3) The Secretary may not issue a permit subject to this section to a person unless that person demonstrates to the Secretary the financial ability to assume liability for all damages that may arise with respect to an artificial reef and for which such permittee may be liable.
33 U.S.C. § 2104(c)(4)

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(4) Any person who has transferred title to artificial reef construction materials to a person to whom a permit is issued in accordance with subsection (a) shall not be liable for damages arising from the use of such materials in an artificial reef, if such materials meet applicable requirements of the plan published under section 2103 of this title and are not otherwise defective at the time title is transferred.
33 U.S.C. § 2106(b)

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(b) Nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any State over the siting, construction, monitoring, or managing of artificial reefs within its boundaries.

Citations to §2105(2)

33 U.S.C. § 2103

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Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment¹ Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under section 2102 of this title. The plan must include—
33 U.S.C. § 2104(a)(1)

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(1) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties;
33 U.S.C. § 2106(b)

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(b) Nothing in this chapter shall be construed as extending or diminishing the jurisdiction or authority of any State over the siting, construction, monitoring, or managing of artificial reefs within its boundaries.

Citations to §2105(3)

33 U.S.C. § 2101(a)(5)

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(5) properly designed, constructed, and located artificial reefs in waters covered under this chapter can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies.
33 U.S.C. § 2101(b)

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(b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this chapter.
33 U.S.C. § 2102

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Based on the best scientific information available, artificial reefs in waters covered under this chapter shall be sited and constructed, and subsequently monitored and managed in a manner which will—
33 U.S.C. § 2102(3)

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(3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters;