[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.31]

[Page 264]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 230--SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 
FOR DREDGED OR FILL MATERIAL--Table of Contents
 
   Subpart D--Potential Impacts on Biological Characteristics of the 
                            Aquatic Ecosystem
 
Sec. 230.31  Fish, crustaceans, mollusks, and other aquatic organisms in 
the food web.

    (a) Aquatic organisms in the food web include, but are not limited 
to, finfish, crustaceans, mollusks, insects, annelids, planktonic 
organisms, and the plants and animals on which they feed and depend upon 
for their needs. All forms and life stages of an organism, throughout 
its geographic range, are included in this category.
    (b) Possible loss of values: The discharge of dredged or fill 
material can variously affect populations of fish, crustaceans, mollusks 
and other food web organisms through the release of contaminants which 
adversely affect adults, juveniles, larvae, or eggs, or result in the 
establishment or proliferation of an undesirable competitive species of 
plant or animal at the expense of the desired resident species. 
Suspended particulates settling on attached or buried eggs can smother 
the eggs by limiting or sealing off their exposure to oxygenated water. 
Discharge of dredged and fill material may result in the debilitation or 
death of sedentary organisms by smothering, exposure to chemical 
contaminants in dissolved or suspended form, exposure to high levels of 
suspended particulates, reduction in food supply, or alteration of the 
substrate upon which they are dependent. Mollusks are particularly 
sensitive to the discharge of material during periods of reproduction 
and growth and development due primarily to their limited mobility. They 
can be rendered unfit for human consumption by tainting, by production 
and accumulation of toxins, or by ingestion and retention of pathogenic 
organisms, viruses, heavy metals or persistent synthetic organic 
chemicals. The discharge of dredged or fill material can redirect, 
delay, or stop the reproductive and feeding movements of some species of 
fish and crustacea, thus preventing their aggregation in accustomed 
places such as spawning or nursery grounds and potentially leading to 
reduced populations. Reduction of detrital feeding species or other 
representatives of lower trophic levels can impair the flow of energy 
from primary consumers to higher trophic levels. The reduction or 
potential elimination of food chain organism populations decreases the 
overall productivity and nutrient export capability of the ecosystem.