16 USC 539b - Fisheries on national forest lands in Alaska

U.S Code last checked for updates: May 03, 2024

§ 539b.

Fisheries on national forest lands in Alaska

(a)

Regulations for protection and maintenance of habitats

(b)

Approved plan for mining operations; requirements; review; modification; suspension of activities

Because of the large scale of contemplated mining operations and the proximity of such operations to important fishery resources, with respect to mining operations in the Quartz Hill area of the Tongass National Forest, the regulations of the Secretary shall, pursuant to this subsection, include a requirement that all mining operations involving significant surface disturbance shall be in accordance with an approved plan of operations. Before approving any proposed plan or distinct stages of such plan of operations for any such claims when any fishery habitat or fishery value may be affected, the Secretary shall, in consultation with the Secretaries of Commerce and the Interior and the State of Alaska, determine—

(1)

that such plan or stages of such plan are based upon and shall include studies or information which he determines are adequate for—

(A)

evaluating the water quality and water quantity, fishery habitat, and other fishery values of the affected area; and

(B)

evaluating to the maximum extent feasible and relevant, the sensitivity to environmental degradation from activities carried out under such plan of the fishery habitat as it affects the various life stages of anadromous fish and other foodfish and their major food chain components;

(2)

that such plan adequately identifies the risks the operations under such plan or such stages might pose to and the benefits the operations under such plan might provide to—

(A)

the natural stability and the present and continued productivity of anadromous fish and other foodfish;

(B)

fishery habitat, including but not limited to water quality and water quantity; and

(C)

other fishery values;

(3)

that such plan includes provisions which he determines are adequate for the purposes of—

(A)

preventing significant adverse environmental impacts to the fishery habitat (including but not limited to water quality and water quantity) or other fishery values; and

(B)

maintaining present and continued productivity of the habitat of anadromous fish and other foodfish which might be affected by the mining and other activities proposed to be conducted in accordance with such plan or such stages of the plan of operations;

(4)

(A)

the Secretary shall ensure, to the maximum extent feasible, that the cumulative effects of activities carried out under the operating plan will not interfere with the ability to collect baseline information needed by the Secretary to evaluate the effects of various stages of the operating plan on the fishery habitat and productivity of such habitats;

(B)

the Secretary shall review such plan and mining activities on at least an annual basis. With respect to any mining or associated activities, the Secretary, if he determines upon notice and hearing, that the activities are harmful to the continued productivity of anadromous fish, or other foodfish populations or fishery habitat, shall require a modification of the plan to eliminate or mitigate, if necessary, the harmful effects of such activities; and

(5)

upon a finding by the Secretary that a mining activity conducted as a part of a mining operation exists which constitutes a threat of irreparable harm to anadromous fish, or other foodfish populations or their habitat, and that immediate correction is required to prevent such harm, he may require such activity to be suspended for not to exceed seven days, provided the activity may be resumed at the end of said seven-day period unless otherwise required by a United States district court.

(c)

Authority of State of Alaska to manage fish and wildlife

(d)

Authority of Secretary of Agriculture to manage national forests

(Pub. L. 96–487, title V, § 505, Dec. 2, 1980, 94 Stat. 2405.)

cite as: 16 USC 539b