[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.31]

[Page 266-267]
 
                   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

[[Page 267]]

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.