Appendix A
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Appendix A |
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TABLE 1 FEDERAL REGULATIONS |
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Regulation |
Description |
Units Potentially Affected |
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Anadromous Fish Conservation Act |
This
Act authorizes the Secretary of the Interior to enter into cooperative
agreements with states and other non-federal interests to “conserve,
develop, and enhance the anadromous fish resources of the U.S.”
The cooperative agreements must be in writing and describe: the actions
to be taken by each party; the benefits anticipated to be derived by each
party; the estimated costs to each party; the agreement term; the terms
for disposing of property acquired by the Secretary under this agreement;
and any other terms the Secretary deems appropriate. |
All |
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Coastal Barriers Resources Act |
The
Act prohibits direct or indirect Federal funding of any projects in undeveloped
coastal barrier areas. The purpose of the act is to “minimize the
loss of human life, wasteful expenditure of federal funds, and damage
to fish, wildlife and other natural resources of the coastal barriers.
This act also establishes a Coastal Barrier Resources System. |
Units 8-14 |
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Coastal Wetlands Planning, Protection, and Restoration Act |
This
act authorizes the U.S. Environmental Protection Agency Administrator
to engage in any technically feasible activity to create, restore, protect
or enhance coastal wetlands through sediment and freshwater diversion,
water management or other measures, and places particular emphasis on
wetlands restoration projects in the State of Louisiana. |
Units 8-14 |
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Coastal Zone Management Act of 1972 |
This
act established a Federal grant program managed by the Department of Commerce
to “encourage and assist the states with development and implementation
of management programs for coastal areas.” Among other measures,
these programs should include the “protection of natural resources,
including wetlands, flood plains, estuaries, beaches, dunes, barrier islands,
and fish and wildlife and their habitat.” |
Units 8-14 |
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Marine Protection, Research, and Sanctuaries Act |
This
act prohibits the dumping, or transport of for the purpose of dumping,
of any material, including dredge material, into ocean waters, except
pursuant to an authorized permit. Additionally, the act authorizes
the Secretary of Commerce to designate areas as national marine sanctuaries
to promote comprehensive management of their conservation, recreation,
ecological, historical, research, educational, or aesthetic resources.
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Units 8-14 |
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Federal Power Act |
Section 10(j) of the FPA requires FERC to consider both power and non-power resources during the licensing process and instructs FERC to actively solicit input regarding “adequate and equitable” fish and wildlife measures from Federal and State resource agencies.” FERC must consider these recommendations during the licensing process but does not have to incorporate the recommendations into the license if they “may be inconsistent with the purposes and requirements of the FPA” or if the recommendations are not supported by substantial evidence. Section 18 of the FPA provides that FERC require facility owners/operators to construct, maintain, and operate, at their own expense, fishways if operation of the facility will impact the passage of fish species in the project area or planned for introduction in the area. |
Units
2-7, 9-14 Unit
1 - Mississippi portions only Unit 8 - Mississippi and Alabama portions only |
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Clean Water Act |
The
purpose of the CWA is to restore the physical, biological, and chemical
integrity of the waters of the United States. Under section 401 of the
CWA, all applicants for a Federal license or permit to conduct activity
that may result in discharge to navigable waters are required to submit
a state certification to the licensing or permitting agency. The state
certification must state that the discharge complies with the requirements
of sections 301, 302, 303, 306, and 307 of the CWA. Section 404 of the CWA prescribes a permit program for the discharge of dredged or fill material into navigable waters. Specifically, pursuant to section 404, permit applicants are required to show that they have “taken steps to avoid wetland impacts, where practicable, minimized potential impacts to wetlands, and provided compensation for any remaining, unavoidable impacts through activities to restore or recreate wetlands.” The Army Corps of Engineers issues section 404 permits. |
All |
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Response Plans for Onshore Oil Pipelines |
Pursuant to these regulations, each owner or operator of an onshore pipeline “may not handle, store, or transport oil in that pipeline unless the operator has submitted a response plan.” The response plan must: “plan for resources for responding to a worst case discharge, as determined by the owner or operator, and to a substantial threat of such discharge; be consistent with the National Contingency Plan (NCP); and include a core plan consisting of an information summary, immediate notification procedures, spill detection and mitigation procedures, and other measures. |
All |
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Water Resources Development Act of 1992 |
Section 204 “authorizes projects for the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands, in connection with dredging an authorized Federal navigation project.” http://www.senate.gov/~epw/wrda92.pdf, http://laws.fws.gov/lawsdigest/wat1992.html |
All |
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Fish and Wildlife Coordination Act |
The
purpose of this act is to ensure that fish and wildlife resources are
equally considered with other resources during the planning of water resources
development projects by: 1) authorizing the Secretaries of Agriculture
and Commerce to provide assistance with Federal and State agencies in
protecting game species and studying the effects of pollution on wildlife;
2) requiring consultation with the Bureau of Fisheries prior to constructing
any new dams to provide for fish migration; and 3) requiring consultation
with the Fish and Wildlife Service for water impoundment or diversion
projects with a Federal nexus. 16 U.S.C. §§1-667e. |
All |
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Magnuson-Stevens Fishery Conservation and Management Act |
The purposes of this act include the conservation and management of U.S. anadromous species and off-coast fishery resources; the use of sound conservation and management principles for commercial and recreational fishing; and the implementation of fishery management plans to optimize fishery yields. All fishery management plans and regulations must be based on the best available scientific information and meet certain standards, including: conservation and management measures; and prevention of overfishing. 16 U.S.C. §§1801-1882. http://ipl.unm.edu/cwl/fedbook/magfish.html |
All |
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TABLE
2
STATE REGULATIONS | ||
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Regulation |
Description |
Units Potentially Affected |
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Alabama Environmental Management Act Alabama Coastal Area Management Program |
Prohibits the use of coastal areas without a permit. In determining whether to grant a permit, the Department of Management will consider whether the use: provides a regional benefit or is necessary to protect/maintain an existing beneficial use; is within/consistent with a designated special management area; and, for dredge/fill activities impacting wetlands, whether the use is water dependent. Additionally, all permit holders are required to mitigate for unavoidable impacts to coastal resources. |
Units 3,4,5,8 |
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Alabama Rules and Regulations of the State Oil and Gas Board |
The rules governing onshore land operations provide the Alabama Oil and Gas Board with the authority to govern onshore oil and gas operations. Governs the development and plugging of oil and gas wells and requires a permit for all onshore oil and gas drilling activities. Additionally, operators must conduct oil and gas operations in a manner so as to prevent pollution of freshwater resources. http://www.ogb.state.al.us/HTMLS/OGBRULES/4001.htm |
Units 3,4,5,8 |
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Alabama Conservation and Natural Resources |
This
statute prescribes fishing methods for game and non-game fish. Ala. Code
§§9-11-1 through 9-11-457. |
Units 3,4,5,8 |
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Florida Endangered and Threatened Species Act |
This statute provides for research and management to conserve and protect endangered and threatened species as a natural resource. The Act requires the Fish and Wildlife Commission to submit a plan for the management and conservation of endangered and threatened species that includes criteria for research and management priorities and identifies statewide policies to protect endangered and threatened species. Additionally, the act prohibits the killing or wounding of any species designated as endangered or threatened. Fla. Stat. Ann. §372.072. http://www.leg.state.fl.us/Statutes/index |
Units 3-7, 9-14 |
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Florida Aquatic Preserve Act |
Prescribes a standard set of management criteria for the Aquatic Preserve Program. http://www.leg.state.fl.us/statutes/index |
Units 3-7, 9-14 |
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Florida Beach and Shore Preservation Act |
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Units 3-7, 9-14 |
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Louisiana Threatened and Endangered Species Conservation |
This statute prohibits the taking, possession, transportation, exportation, processing, sale, or shipment of endangered species and regulates exceptions to these prohibitions to enhance the conservation of species. The Act also allows the Louisiana Wildlife and Fisheries Commission to issue regulations deemed necessary for the conservation of listed threatened or endangered species. La. Civ. Code Ann. Art. 56 §§1901-1907. http://www.legis.state.la.us/tsrs/RS/56/RS_56_1901.htm |
Units 1, 8 |
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Louisiana Title 33 Environmental Quality Department of Environmental Quality
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Oil Spill Prevention and Cleanup - requires owners or operators of oil production, transport, and storage facilities to prepare a Spill Prevention and Control Plan that must provide, as well as other information, an indication of the nearest potential receiving waters to the facility; the identity, amount, and location of substances stored at the facility; facility capability and corrective action procedures and countermeasures when a spill event occurs; a prediction of the direction, rate of flow and total quantity of substances which could be spilled; and appropriate containment and/or diversionary structures or equipment to prevent a spilled substance from reaching waters of the State. Disposal of Waste Oil and Other Materials Resulting from Drilling, Production, and Transportation of Oil, Gas or Sulfur - requires all waste oil to be gathered and burned on the lease; prohibits the discharge of oily fluids into any stream, lake, or other water body, requires all producing wells and pumps to be surrounded by a gathering ditch to prevent the escape of oily wastes; requires all oil pipelines to be regularly inspected and all leaks immediately repaired; and prohibits the discharge of saltwater from a lease until all oily waste has been completely separated from the saltwater. |
Units 1,8 |
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Louisiana Environmental Quality Act (Title 30) Department of Environmental Quality |
Water Control Law - regulates the discharge of waste materials, pollutants, and other substances into state waters and proscribes permits for all activities that result in a discharge of any substances into state waters. Oil Spill Prevention and Response Act - provides the Oil Spill Coordinator with authority to develop a statewide oil spill prevention and response plan pursuant to the Federal Oil Pollution Act of 1990; coordinate the implementation and maintenance of the oil spill prevention program; and adopt, amend, repeal, and enforce regulations relating to discharge prevention programs. The coordinator is also responsible for developing an oil spill contingency plan that provides detailed emergency operating procedures for initiating actions in response to an unauthorized discharge, procedures for disposal of removed oil or hazardous substances, and procedures established in cooperation with the Department of Environmental Quality, Department of Wildlife and Fisheries, and Department of Natural Resources for assessment of natural resources damages and plans for mitigation of damage to and restoration, protection, rehabilitation, or replacement of damaged natural resources. http://www.wlf.state.la.us/apps/netgear/index.asp?cn=lawlf&pid=866 |
Units 1,8 |
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Coastal Zone Management Program |
State-Federal
partnership authorized by the Coastal Zone Management Act of 1972 and
“responsible for advancing national coastal management objectives
and maintaining and strengthening state and territorial coastal management
capabilities.” Provides Federal funding, mediation, and technical
assistance to states. State coastal management programs must be approved
by the Coastal Programs Division (CPD) within the National Oceanic and
Atmospheric Administration’s Office of Ocean and Coastal Resource
Management (OCRM). |
All |
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Mississippi Nongame and Endangered Species Conservation Act |
This
Act prohibits the taking, possession, transportation, exportation, processing,
sale, or shipment within the State of endangered species. Pursuant to
this Act, the Mississippi Commission on Wildlife, Fisheries and Parks
shall issue regulations establishing limitations related to taking, possession,
transportation, and sale of species as necessary to protect the species.
Miss. Code. Ann. §§49-5-101 through 49-5-119. |
Units 1, 2, 8 |
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Mississippi Dam Safety Regulations |
These
regulations provide the Dam Safety Office with the authority to “regulate
the design and construction of dams,” “assure that appropriate
safety considerations are incorporated into the planning, design, and
construction of all dams,” and monitor dam operation to “assure
that proper maintenance and repairs are performed in a timely manner.”
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Unit 1 |
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TABLE
3
VOLUNTARY MEASURES AND OTHER PROTECTIONS |
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Program |
Description |
Units Potentially Affected |
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Gulf Ecological Management Sites Program |
The
GEMS Program coordinates and utilizes existing federal, state, local and
private programs and resources to identify ecologically important Gulf
habitats in the five Gulf of Mexico states, build an informational database,
and foster cooperative conservation of GEMS. In 1996, the five Gulf of
Mexico states identified 105 special ecological areas as GEMS. National Estuarine Reserve System - program established under the Coastal Zone Management Act of 1972 to improve the nation’s understanding and stewardship of estuaries. The reserve system is a network of 25 protected areas representing different biogeographic regions of the U.S. http://www.ocrm.nos.noaa.gov/nerr/ Mississippi - Pascagoula River Marsh Coastal Preserve: Preserve consisting of 11,150 acres of primarily unspoiled marshland at the mouth of the Pascagoula River. However, the preserve is threatened by industrial and residential developments that involve dredging, fill, and byproduct pollution. The Gulf sturgeon is listed as a rare/threatened species found within the preserve. http://www.dmr.state.ms.us/Coastal%20Ecology/Gems/Pascagoula%20River.htm Florida
- Apalachicola National Estuarine Research Preserve: One of the 25 sites
designated under the National Estuarine Reserve System. Current uses of
the preserve include: outdoor recreation (hunting, fishing, boating, hiking);
commercial fishing, water-borne navigation, outreach education on estuarine
habitats, and research of coastal management issues. |
All |
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Florida State Buffer Preserves Program |
This
is an extension of the Florida Aquatic Preserve Program designed to purchase
the natural lands surrounding the aquatic preserves to provide a protective
upland buffer to the aquatic preserves. The buffer preserves are managed
as State Parks, Wildlife Management Areas, or State Forests. |
Units 3-7, 9-14 |
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Apalachicola River Wildlife and Environmental Area Conceptual Management Plan |
Maintain
area for multiple uses. Specifically, area will be managed to “protect
and promote old growth flora and fauna in floodplain forests, enhance
water quality by restoring natural hydroperiods, promote a diversity of
wildlife habitats, including restoration of disturbed areas to more natural
vegetative communities, and to provide quality natural-resource-based
recreational opportunities.” |
Unit 6 |
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Louisiana Wildlife Management Areas |
Areas designated and managed for multiple uses, including: hunting, fishing, and other outdoor recreation; forestry; and the preservation of wildlife habitat. Louisiana has also established a Forest Stewardship Program. Under this program, State officials assist private forest landowners in efforts to manage forests for multiple resources (timber, wildlife, recreation, aesthetics, and environmental enhancement). Private forests of at least ten acres of land with a Forest Stewardship Management Plan that show management for at least two resources are eligible for certification as a Stewardship Forest. http://www.wlf.state.la.us/apps/netgear/index.asp?cn=lawlf&pid=866 |
Units 1,8 |
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Mississippi Interstate Cooperative Resource Agreement Paddlefish/Sturgeon Strategic Plan Paddlefish/Sturgeon Committee |
Promotes
interjurisdictional management of paddlefish and sturgeon among the 28
states of the Mississippi River Basin. The Paddlefish/Sturgeon Committee
developed a strategic plan to achieve the following goals: identify and
prioritize issues and concerns affecting paddlefish and sturgeon resources;
facilitate communication among entities responsible for resource management;
develop a basin-wide information management program; identify and coordinate
paddlefish and sturgeon research; facilitate basin-wide conservation,
protection, and restoration of paddlefish and sturgeon habitats; and increase
public awareness of the existence of paddlefish and sturgeon species and
understanding of the environmental and human-related impacts that threaten
their welfare and continued existence. |
Units 1,2,8 |