US (United States) Code. Title 16. Chapter 52: Salmon and steelhead enhancement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND

ENHANCEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

.

-HEAD-

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3301. Congressional findings and declaration of purpose.

3302. Definitions.

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

3311. Salmon and Steelhead Advisory Commission.

(a) Establishment.

(b) Membership.

(c) Report by Commission.

(d) Unanimous vote required.

(e) Secretarial action on report.

(f) Per diem and travel allowances.

(g) Administrative support.

(h) Termination of Commission.

3312. Eligibility for financial assistance under approved

enhancement plans.

3313. Grants for reports and plans for coordinated research,

enforcement, etc.

3314. Discontinuance of funding.

3315. Authorization of appropriations.

SUBCHAPTER III - RESOURCE ENHANCEMENT

3321. Grants for projects under approved enhancement plans.

(a) Authority.

(b) Plans.

(c) Scope.

(d) Standards.

(e) Approval.

(f) Review, modification, or revisions.

3322. Enhancement project proposals.

3323. Approval and funding of projects.

(a) In general.

(b) Limitations on Federal share.

3324. Monitoring and evaluation of enhancement projects.

3325. Authorization of appropriations.

(a) Salmon enhancement.

(b) Steelhead enhancement.

(c) Limitation.

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

3331. Fleet adjustment program.

(a) In general.

(b) Legal title.

3332. State program for reduction of overall fishing capacity.

3333. Program approval.

(a) Submission for approval.

(b) Requirements for approval.

(c) Secretarial action.

3334. Review of State program by Secretary.

(a) In general.

(b) Action upon finding of noncompliance.

(c) Disposition of certain moneys.

3335. Authorization of appropriations.

3336. Special provision.

SUBCHAPTER V - MISCELLANEOUS

3341. Regulations.

3342. Annual status reports on programs; monitoring.

(a) Reports.

(b) Monitoring.

3343. Construction with fishery conservation and management

provisions.

(a) Consistency.

(b) Fleet mobility.

3344. Construction with other laws.

3345. Authorization of additional appropriations.

-CITE-

16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

16 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3301. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds and declares the following:

(1) The stocks of salmon and steelhead which originate in the

rivers of the conservation areas constitute valuable and

renewable natural resources. Many groups of commercial,

recreational, and treaty fishermen have historically depended

upon these stocks of fish for their livelihoods and avocations.

These fishery resources contribute to the food supply and

economic health of the Pacific Northwest and the Nation as a

whole, provide valuable recreational experiences for thousands of

citizens from various parts of the United States and represent a

central element of the cultures and economies of Indian tribes

and the citizens of the Pacific Northwest.

(2) Over a period of several decades, competing uses of salmon

and steelhead habitat and historical problems relating to

conservation measures, the regulation of harvest and enhancement

have depressed several of these stocks of salmon and steelhead.

(3) Improved management and enhancement planning and

coordination among salmon and steelhead managers will help

prevent a further decline of salmon and steelhead stocks and will

assist in increasing the supply of these stocks.

(4) Due in principal part to the Federal court decisions in the

United States against Washington and Sohappy against Smith, the

fishing capacity of nontreaty fishermen in the conservation areas

established by this chapter exceeds that required to harvest the

available salmon resources. This excess capacity causes severe

economic problems for these fishermen.

(5) The supply of salmon and steelhead can be increased through

carefully planned enhancement measures designed to improve the

survival of stocks and to augment the production of artificially

propagated stocks. By careful choice of species, areas, and

stocking procedures, enhancement programs can be used to -

(A) improve the distribution of fish among different groups

of treaty and nontreaty fishermen; and

(B) add stability to the treaty and nontreaty fisheries by

reducing variations in fish availability.

(b) In order to assist the harvesters of the salmon and steelhead

resources within the Columbia River conservation area and the

Washington conservation area established by this chapter to

overcome temporary dislocations arising from the decisions in the

cases of United States against Washington and Sohappy against Smith

and from other causes, this chapter authorizes the establishment of

a cooperative program involving the United States, the States of

Washington and Oregon, the treaty tribes acting through the

appropriate tribal coordinating bodies, and other parties, to -

(1) encourage stability in and promote the economic well being

of the treaty and nontreaty commercial fishing and charter

fishing industries and improve the distribution of fishing power

between treaty and nontreaty fisheries through -

(A) the purchase of nontreaty commercial and charter fishing

vessels, gear, and licenses; and

(B) coordinated research, enhancement, and management of

salmon and steelhead resources and habitat; and

(2) improve the quality of, and maintain the opportunities for,

salmon and steelhead recreational fishing.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 102, Dec. 22, 1980, 94 Stat. 3275.)

-MISC1-

SHORT TITLE

Section 101 of title I of Pub. L. 96-561 provided that: ''This

title (enacting this chapter and provisions set out as a note under

section 1823 of this title) may be cited as the 'Salmon and

Steelhead Conservation and Enhancement Act of 1980'.''

RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE SALMON SURVIVAL

Pub. L. 104-303, title V, Sec. 511, Oct. 12, 1996, 110 Stat.

3761, as amended by Pub. L. 106-53, title V, Sec. 582, Aug. 17,

1999, 113 Stat. 375, provided that:

''(a) Salmon Survival Activities. -

''(1) In general. - In conjunction with the Secretary of

Commerce and the Secretary of the Interior, the Secretary shall

accelerate ongoing research and development activities, and may

carry out or participate in additional research and development

activities, for the purpose of developing innovative methods and

technologies for improving the survival of salmon, especially

salmon in the Columbia/Snake River Basin.

''(2) Accelerated activities. - Accelerated research and

development activities referred to in paragraph (1) may include

research and development related to -

''(A) impacts from water resources projects and other impacts

on salmon life cycles;

''(B) juvenile and adult salmon passage;

''(C) light and sound guidance systems;

''(D) surface-oriented collector systems;

''(E) transportation mechanisms; and

''(F) dissolved gas monitoring and abatement.

''(3) Additional activities. - Additional research and

development activities referred to in paragraph (1) may include

research and development related to -

''(A) studies of juvenile salmon survival in spawning and

rearing areas;

''(B) estuary and near-ocean juvenile and adult salmon

survival;

''(C) impacts on salmon life cycles from sources other than

water resources projects;

''(D) cryopreservation of fish gametes and formation of a

germ plasma repository for threatened and endangered

populations of native fish; and

''(E) other innovative technologies and actions intended to

improve fish survival, including the survival of resident fish.

''(4) Coordination. - The Secretary shall coordinate any

activities carried out under this subsection with appropriate

Federal, State, and local agencies, affected Indian tribes, and

the Northwest Power Planning Council.

''(5) Report. - Not later than 3 years after the date of

enactment of the Water Resources Development Act of 1999 (Aug.

17, 1999), the Secretary shall submit to Congress a report on the

research and development activities carried out under this

subsection, including any recommendations of the Secretary

concerning the research and development activities.

''(6) Authorization of appropriations. - There is authorized to

be appropriated $10,000,000 to carry out research and development

activities under paragraph (3).

''(b) Advanced Turbine Development. -

''(1) In general. - In conjunction with the Secretary of

Energy, the Secretary shall accelerate efforts toward developing

and installing in Corps of Engineers-operated dams innovative,

efficient, and environmentally safe hydropower turbines,

including design of fish-friendly turbines, for use on the

Columbia/Snake River hydrosystem.

''(2) Authorization of appropriations. - There is authorized to

be appropriated $35,000,000 to carry out this subsection.

''(c) Management of Predation on Columbia/Snake River System

Native Fishes. -

''(1) Nesting avian predators. - In conjunction with the

Secretary of Commerce and the Secretary of the Interior, and

consistent with a management plan to be developed by the United

States Fish and Wildlife Service, the Secretary shall carry out

methods to reduce nesting populations of avian predators on

dredge spoil islands in the Columbia River under the jurisdiction

of the Secretary.

''(2) Authorization of appropriations. - There is authorized to

be appropriated $1,000,000 to carry out research and development

activities under this subsection.

''(d) Implementation. - Nothing in this section affects the

authority of the Secretary to implement the results of the research

and development carried out under this section or any other law.''

-CITE-

16 USC Sec. 3302 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3302. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''appropriate tribal coordinating body'' means the

Columbia River tribal coordinating body or the Washington tribal

coordinating body, as the context requires.

(2) The term ''charter vessel'' means any vessel licensed by

the State to carry passengers for hire for the purpose of

recreational salmon fishing.

(3) The term ''charter fishing'' means fishing undertaken

aboard charter vessels.

(4) The term ''Columbia River conservation area'' means -

(A) all habitat within the Columbia River drainage basin; and

(B) those areas in -

(i) the fishery conservation zone over which the Pacific

Fishery Management Council has jurisdiction, and

(ii) the territorial seas of Oregon and Washington,

in which one or more stocks that originate in the habitat

describe (FOOTNOTE 1) in subparagraph (A) migrate.

(FOOTNOTE 1) So in original. Probably should be ''described''.

(5) The term ''Columbia River tribal coordinating body'' means

the organization duly authorized by those treaty tribes of the

Columbia River drainage basin to coordinate activities for them

for purposes of this chapter.

(6) The term ''commercial fishing'' means fishing for the

purpose of sale or barter.

(7) The term ''commercial fishing vessel'' or ''fishing

vessel'' means any vessel, boat, ship, or other craft which is

licensed for, and used for, equipped to be used for, or of a type

which is normally used for, commercial salmon fishing.

(8) The term ''enhancement'' means projects undertaken to

increase the production of naturally spawning or artificially

propagated stocks of salmon or steelhead, or to protect,

conserve, or improve the habitat of such stocks.

(9) The term ''habitat'' means those portions of the land or

water, including the constituent elements thereof, (A) which

salmon or steelhead occupy at any time during their life cycle,

or (B) which affect the salmon or steelhead resources.

(10) The term ''recreational fishing'' means fishing for

personal use and enjoyment using conventional angling gear, and

not for sale or barter.

(11) The term ''salmon'' means any anadromous species of the

family Salmonidae and Genus Oncorhynchus, commonly known as

Pacific salmon.

(12) The term ''salmon or steelhead resource'' means any stock

of salmon or steelhead.

(13) The term ''steelhead'' means the anadromous rainbow trout

species Salmo gairdneri, commonly known as steelhead.

(14) The term ''stock'' means a species, subspecies, race,

geographical grouping, run, or other category of salmon or

steelhead.

(15) The term ''treaty'' means any treaty between the United

States and any treaty tribe that relates to the reserved right of

such tribe to harvest salmon and steelhead within the Washington

or Columbia River conservation areas.

(16) The term ''treaty tribe'' means any Indian tribe

recognized by the United States Government, with usual and

accustomed fishing grounds in the Washington or Columbia River

conservation areas, whose fishing right under a treaty has been

recognized by a Federal court.

(17) The term ''Washington conservation area'' means all salmon

and steelhead habitat within the State of Washington except for

the Columbia River drainage basin, and in the fishery

conservation zone adjacent to the State of Washington which is

subject to the jurisdiction of the United States.

(18) The term ''Washington tribal coordinating body'' means the

organization duly authorized by the treaty tribes of the

Washington conservation area to coordinate their activities for

them for the purposes of this chapter.

-SOURCE-

(Pub. L. 96-561, title I Sec. 103, Dec. 22, 1980, 94 Stat. 3276.)

-REFTEXT-

REFERENCES IN TEXT

The Pacific Fishery Management Council, referred to in par.

(4)(B)(i), was established by section 1852 of this title. Pub. L.

99-659 amended section 1811 of this title by substituting

provisions relating to exclusive economic zones, for fishery

conservation zones.

-CITE-

16 USC SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON

AND STEELHEAD 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

.

-HEAD-

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3342 of this title.

-CITE-

16 USC Sec. 3311 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-HEAD-

Sec. 3311. Salmon and Steelhead Advisory Commission

-STATUTE-

(a) Establishment

Within 90 days after December 22, 1980, the Secretary of Commerce

(hereinafter in this subchapter referred to as the ''Secretary'')

shall establish the Salmon and Steelhead Advisory Commission

(hereinafter referred to in this chapter as the ''Commission''),

which shall consist of one voting member from each of the

following:

(1) The State of Washington.

(2) The State of Oregon.

(3) The Washington tribal coordinating body.

(4) The Columbia River tribal coordinating body.

(5) The Pacific Fishery Management Council.

(6) The National Marine Fisheries Service.

(b) Membership

(1) The voting representatives shall be appointed by the

Secretary from a list of qualified individuals submitted by the

Governor of each applicable State, by each appropriate tribal

coordinating body, and by the Pacific Fishery Management Council.

The representative for the National Marine Fisheries Service shall

be the Northwest regional director of the Service or his designee.

(2) The Commission shall have 6 nonvoting members, 5 of which

shall be qualified individuals appointed by the Secretary. The

sixth nonvoting member shall be the regional director of the United

States Fish and Wildlife Service or his designee.

(3) For the purposes of this subsection, the term ''qualified

individual'' means an individual who is knowledgeable with regard

to the management, conservation, or harvesting of the salmon and

steelhead resources of the conservation areas.

(c) Report by Commission

Within 15 months after the date of the establishment of the

Commission, it shall prepare, and submit to the Secretary and

Congress, a comprehensive report containing conclusions, comments,

and recommendations for the development, of a management structure

(including effective procedures, mechanisms, and institutional

arrangements) for the effective coordination of research,

enhancement, management, and enforcement policies for the salmon

and steelhead resources of the Columbia River and Washington

conservation areas, and for the resolution of disputes between

management entities that are concerned with stocks of common

interest. The principal objectives of, and the standards for, the

management structure shall include, but not be limited to -

(1) the development of common principles to govern and

coordinate effectively management and enhancement activities;

(2) the prevention of overfishing;

(3) the use of the best scientific information available;

(4) the consideration of, and allowance for, variations among,

and contingencies in, fisheries and catches;

(5) the promotion of harvest strategies and regulations which

will encourage continued and increased investment by the salmon

and steelhead producing jurisdictions;

(6) the optimization of the use of resources for enforcement;

(7) the consideration of harvest activities as they relate to

existing and future international commitments;

(8) the minimization of costs and the avoidance of unnecessary

duplication; and

(9) the harvest of fish by treaty tribes, in accordance with

treaty rights, unless agreed otherwise by the affected treaty

tribes.

(d) Unanimous vote required

No report or revision thereto may be submitted by the Commission

to the Secretary for approval under this section unless the report

or revision is approved by all of the voting members of the

Commission.

(e) Secretarial action on report

Within 4 months after the date of the submission of the

comprehensive report, or any revision thereto, under subsection (c)

of this section, the Secretary, in consultation with the Secretary

of the Interior, shall review the report and, if he finds that the

management structure recommended in the report would, if

implemented, meet the objectives and standards specified in this

section and be consistent with this chapter, approve the report.

If the Secretary, in consultation with the Secretary of the

Interior, finds that such structure is not in conformity with the

standards and objectives set forth in this section, the provisions

of this chapter, or other applicable law, he shall return the

report to the Commission together with a written statement of the

reasons for not approving the report. If the Commission submits a

revised report to the Secretary within 2 months after the date of

return, the Secretary shall approve the report if he finds that the

objections on which the prior disapproval was based are overcome.

(f) Per diem and travel allowances

The members of the Commission (other than those who are full-time

employees of the Federal or a State government), while away from

their homes or regular places of business for purposes of carrying

out their duties as members, shall be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by law for

persons intermittently employed in Government service.

(g) Administrative support

The Secretary shall provide such clerical and technical support

as may be necessary to enable the Commission to carry out its

functions.

(h) Termination of Commission

Unless otherwise agreed to by the voting members of the

Commission and approved by the Secretary, the Commission shall

terminate upon the Secretary's approval of the Commission's report

pursuant to subsection (e) of this section.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 110, Dec. 22, 1980, 94 Stat. 3277.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3312, 3314, 3322, 3343 of

this title.

-CITE-

16 USC Sec. 3312 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-HEAD-

Sec. 3312. Eligibility for financial assistance under approved

enhancement plans

-STATUTE-

Upon approval by the Secretary of the Commission's report under

section 3311 of this title, a State represented by a voting member

of the Commission and any treaty tribe represented by a tribal

coordinating body shall be eligible for financial assistance under

subchapter III of this chapter if the State or treaty tribe enters

into an agreement with the Secretary under which that State or

treaty tribe obligates itself -

(1) to implement and enforce the provisions of the report and

revisions thereto, through laws, regulations, ordinances, or

other appropriate means, within such geographical areas and with

respect to such persons as may be subject to its jurisdiction and

to the extent of its enforcement power; and

(2) to engage in such coordination and consultation as may be

necessary or appropriate to ensure, to the maximum extent

practicable, that the report and revisions thereto are fully and

effectively implemented.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 111, Dec. 22, 1980, 94 Stat. 3279.)

-CITE-

16 USC Sec. 3313 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-HEAD-

Sec. 3313. Grants for reports and plans for coordinated research,

enforcement, etc.

-STATUTE-

The Secretary, in consultation with the Secretary of the

Interior, is authorized to establish a program to provide grants to

prepare reports and plans provided for in this subchapter and

subchapter III of this chapter in order to promote coordinated

research enforcement, enhancement, and management of the salmon and

steelhead resources within the Washington and Columbia River

conservation areas consistent with the purpose of this chapter.

Such grants shall be available for use by the State of Washington,

the State of Oregon, appropriate tribal coordinating bodies, or any

joint governmental entity established for undertaking research, or

providing advice on or mechanisms for coordinating management or

enforcement, or preparing the reports and plans described in this

subchapter and subchapter III of this chapter.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 112, Dec. 22, 1980, 94 Stat. 3279.)

-CITE-

16 USC Sec. 3314 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-HEAD-

Sec. 3314. Discontinuance of funding

-STATUTE-

If the Secretary finds that as of the close of the 18th month

after secretarial approval of the Commission report under section

3311(e) of this title, the number of parties which have adopted and

implemented the Commission's management program in accordance with

the provisions of this chapter and the report is insufficient to

ensure that the management structure is effective and consistent

with the standards and objectives in section 3311(c) of this title,

he shall discontinue any further funding under this subchapter or

subchapter III of this chapter.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 113, Dec. 22, 1980, 94 Stat. 3279.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3342 of this title.

-CITE-

16 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON AND STEELHEAD

-HEAD-

Sec. 3315. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary for the

purposes of carrying out the provisions of this subchapter in

fiscal years commencing after September 30, 1981, an aggregate

amount of $3,000,000. Funds appropriated pursuant to this section

remain available to the Secretary until expended.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 114, Dec. 22, 1980, 94 Stat. 3280.)

-CITE-

16 USC SUBCHAPTER III - RESOURCE ENHANCEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

.

-HEAD-

SUBCHAPTER III - RESOURCE ENHANCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3312, 3313, 3314,

3342, 3343 of this title.

-CITE-

16 USC Sec. 3321 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

-HEAD-

Sec. 3321. Grants for projects under approved enhancement plans

-STATUTE-

(a) Authority

The Secretary of the Interior (hereinafter referred to in this

subchapter as the ''Secretary''), in consultation with the

Secretary of Commerce, is authorized to establish a program to

provide grants for projects for the enhancement of the salmon and

steelhead resources of the Washington conservation area and the

Columbia River conservation area.

(b) Plans

Any such project in the Washington conservation area must be in

accordance with a comprehensive enhancement plan developed and

agreed to by the State of Washington and the Washington tribal

coordinating body within 18 months after December 22, 1980. Any

enhancement project in the Columbia River conservation area must be

in accordance with a comprehensive enhancement plan developed and

agreed to by the State of Washington, the State of Oregon, and the

Columbia River tribal coordinating body within 18 months after

December 22, 1980. Such plans must be approved by the Secretary, in

consultation with the Secretary of Commerce, as provided in this

subchapter. The States shall solicit and consider the comments and

views of interested commercial and recreational fishermen, and

other interested parties, in developing the comprehensive

enhancement plan.

(c) Scope

Each comprehensive enhancement plan, and any revisions, or

modifications of such plan, shall describe all enhancement projects

in the conservation area, and associated stocking policies (when

relevant), including any related research necessary to such

enhancement anticipated by the States and the treaty tribes (acting

through the appropriate tribal coordinating body) for a period of

at least 5 years.

(d) Standards

Each comprehensive enhancement plan shall include such standards,

restrictions, or conditions as are necessary, to assure that any

project included in the plans contributes to the balanced and

integrated development of the salmon and steelhead resources of the

area. Such standards shall include, but not be limited to

provisions designed to -

(1) assure that all commercial and recreational fishermen and

the treaty tribes shall have a reasonable opportunity to

participate in the benefits, considered as a whole, of the salmon

and steelhead resources development;

(2) minimize, to the extent practicable, significant adverse

interaction between naturally spawning and artifically (FOOTNOTE

1) propagated stocks;

(FOOTNOTE 1) So in original. Probably should be

''artificially''.

(3) ensure that all projects included within the plan are

designed to complement the contribution of sound State, Federal,

and tribal enhancement activities;

(4) ensure that all projects included within the plan are

economically and biologically sound and supported by adequate

scientific research;

(5) assure that all projects included within the plan achieve

significant benefits relative to the overall cost of each such

project;

(6) consider the effect of enhancement activities as they

relate to existing and future international commitments; and

(7) notwithstanding any of the above measures, provide for the

harvest of fish by treaty tribes in accordance with treaty

rights, unless agreed otherwise by the affected treaty tribes.

(e) Approval

(1) The Secretary, in consultation with the Secretary of

Commerce, shall review each comprehensive enhancement plan and

approve such plan within 120 days of the date of its receipt, if

found to be consistent with this chapter and other applicable law.

If the Secretary, in consultation with the Secretary of Commerce,

finds that a plan is not in conformity with the provisions of this

chapter or other applicable law, he shall return such plan to the

State of Washington or the State of Oregon, or both, as

appropriate, and the appropriate tribal coordinating body with

recommendations.

(2) Upon receiving such a plan, the Secretary, in consultation

with the Secretary of Commerce, shall -

(A) publish a notice in the Federal Register of the

availability of the plan;

(B) provide a copy of the plan to the Pacific Fishery

Management Council and, upon request, to any other interested

person or group, and solicit and consider the comments and views

of such persons or groups with respect to the plan;

(C) undertake a biological and technical review of the plan, in

consultation with individuals who are knowledgeable with regard

to the management, conservation, enhancement, and harvest of the

salmon and steelhead resources of the area;

(D) provide a copy of the plan to and consult with the

Secretary of State and the Secretary of Commerce, with respect to

the effect of such plan on any international fisheries; and

(E) determine whether the State of Washington or the State of

Oregon, as appropriate, and the treaty tribes, acting through

their chosen agency or agencies, have the authority to carry out

the plan in accordance with this chapter, and in accordance with

standards included within the plan.

(3) The Secretary, in consultation with the Secretary of

Commerce, shall not approve a comprehensive enhancement plan unless

the State of Washington or the State of Oregon, or both, as

appropriate, and the treaty tribes, acting through the appropriate

tribal coordinating body, agree not to undertake any salmon or

steelhead enhancement project, using funds provided pursuant to

this subchapter or otherwise, that would be inconsistent with the

plan.

(4) The Secretary may not approve a comprehensive plan unless the

Secretary of Commerce concurs that such plan satisfactorily

complies with standards (1), (6), and (7) of subsection (d) of this

section.

(f) Review, modification, or revisions

Each comprehensive enhancement plan shall be reviewed

periodically. The Secretary, the Secretary of Commerce, the State

of Washington, the State of Oregon, or the appropriate tribal

coordinating body may request a review, modification, or revision

of a plan at any time. Any revision or modification of a plan,

developed and agreed to by the State of Washington or the State of

Oregon, as appropriate, and the appropriate tribal coordinating

body, shall be approved by the Secretary, in consultation with the

Secretary of Commerce, within 45 days of receipt of the proposed

revision or modification, if such revision or modification is in

conformity with this chapter and other applicable law. The

Secretary, in consultation with the Secretary of Commerce, may

withdraw approval of a plan if he finds that (1) the plan or its

implementation is not consistent with this chapter, and (2) no

modification or revision has been agreed to by the State of

Washington or the State of Oregon, as appropriate, and the

appropriate tribal coordinating body to correct any such

inconsistencies.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 120, Dec. 22, 1980, 94 Stat. 3280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3325 of this title.

-CITE-

16 USC Sec. 3322 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

-HEAD-

Sec. 3322. Enhancement project proposals

-STATUTE-

After the approval of a comprehensive enhancement plan, the State

of Washington, the State of Oregon, or a treaty tribe acting

through the appropriate tribal coordinating body may submit project

proposals to the Secretary in such manner and form as the Secretary

shall prescribe. Such application shall include, but not be

limited to -

(1) plans, specifications, and cost estimates of the proposed

enhancement project, including estimates of both the capital

construction costs of the project and the operation and

maintenance costs after commencement of the project;

(2) the enhancement goals that are sought to be achieved by the

proposed project, including, but not limited to -

(A) a description of the affected stock;

(B) an analysis of the expected impacts on the salmon and

steelhead resource; and

(C) a projection of the expected impacts on each type of

commercial, recreational and treaty Indian fishing;

(3) evidence that the State of Washington, the State of Oregon,

or the treaty tribe, acting through its chosen agency or

agencies, has obtained or is likely to obtain any necessary

titles to, interests in rights-of-way over, or licenses covering

the use of the relevant land;

(4) an analysis of, and supporting data for, the economic and

biological integrity and viability of the project;

(5) such other information as the Secretary, in consultation

with the Secretary of Commerce, determines is necessary to assure

that the proposed project is consistent with the approved

enhancement plan and the provisions of this chapter; and

(6) after approval of the Commission's report pursuant to

section 3311 of this title, documentation that the appropriate

State or treaty tribe submitting or undertaking the project

proposal has adopted and begun all necessary implementation of

the Commission's management program.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 121, Dec. 22, 1980, 94 Stat. 3282.)

-CITE-

16 USC Sec. 3323 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

-HEAD-

Sec. 3323. Approval and funding of projects

-STATUTE-

(a) In general

The Secretary, in consultation with the Secretary of Commerce,

may approve any project that is consistent with an approved

enhancement plan and the provisions of this chapter, and shall

promptly notify the States, the treaty tribes and, upon request,

any other interested party of the approval of a project and the

amount of funding made available under this chapter for such

project.

(b) Limitations on Federal share

The total Federal share of all enhancement projects funded

annually by this section shall not exceed 50 percent of the total

amount expended for such projects, except that this limitation

shall not apply to projects proposed by treaty tribes acting

through the appropriate tribal coordinating body. A State share

may include both real and personal property. Title to, or other

interest in, such property shall remain within the State. The State

of Washington shall be treated on December 22, 1980, as having

expended $32,000,000 (reduced by the amount treated as expended by

the State under section 3336 of this title) on enhancement projects

set forth in the plan which are eligible for assistance under this

chapter. The Federal share shall be paid in such amounts and at

such times as the Secretary deems appropriate, consistent with this

chapter and the goals of the comprehensive plan.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 122, Dec. 22, 1980, 94 Stat. 3282.)

-CITE-

16 USC Sec. 3324 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

-HEAD-

Sec. 3324. Monitoring and evaluation of enhancement projects

-STATUTE-

The Secretary, in cooperation with the Secretary of Commerce,

shall establish, in consultation with the State of Washington, the

State of Oregon, and the appropriate tribal coordinating body, a

system to monitor and evaluate on a continuing basis all

enhancement projects for which funds have been distributed under

this subchapter, and may discontinue or suspend distribution of all

or part of the funds if any project is not being carried out in a

manner consistent with the comprehensive enhancement plan concerned

and this chapter. Each recipient of a grant under this subchapter

shall make available to the Secretary and to the Comptroller

General of the United States for purposes of audit and examination,

any book, document, paper, and record that is pertinent to the

funds received under the grant.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 123, Dec. 22, 1980, 94 Stat. 3283.)

-CITE-

16 USC Sec. 3325 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER III - RESOURCE ENHANCEMENT

-HEAD-

Sec. 3325. Authorization of appropriations

-STATUTE-

(a) Salmon enhancement

For purposes of carrying out the provisions of this subchapter

for salmon enhancement (including, but not limited to, the

operation and maintenance of enhancement facilities) there are

authorized to be appropriated not to exceed $45,000,000 for the

ten-year period beginning on October 1, 1982, for the Washington

conservation area, and not to exceed $25,000,000 for the ten-year

period beginning on such date for the Columbia River conservation

area.

(b) Steelhead enhancement

In addition to the amounts authorized under subsection (a) of

this section, there are authorized to be appropriated to carry out

steelhead enhancement projects under this subchapter (including,

but not limited to, operation and maintenance of enhancement

facilities) not to exceed $7,000,000 for the ten-year period

beginning on October 1, 1982, for the Washington conservation area;

and not to exceed $7,000,000 for the ten-year period beginning on

such date for the Columbia River conservation area.

(c) Limitation

No moneys appropriated pursuant to subsection (a) or (b) of this

section, may be used for the operation and maintenance of

enhancement programs and related facilities as they existed on or

before the date of the approval by the Secretary under section 3321

of this title of the enhancement plan for the conservation area

concerned.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 124, Dec. 22, 1980, 94 Stat. 3283.)

-CITE-

16 USC SUBCHAPTER IV - COMMERCIAL FISHING FLEET

ADJUSTMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

.

-HEAD-

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3343 of this title.

-CITE-

16 USC Sec. 3331 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3331. Fleet adjustment program

-STATUTE-

(a) In general

The Secretary of Commerce (hereinafter referred to in this

subchapter as the ''Secretary''), upon approval of a program

submitted pursuant to section 3333 of this title, is authorized to

distribute Federal funds to the State of Washington (hereinafter in

this subchapter referred to as the ''State''), subject to the

standards, conditions, and restrictions set forth in this

subchapter, for the purchase of commercial fishing and charter

vessels (including the associated fishing gear) and licenses by the

State in accordance with the provisions of this subchapter. The

Federal share payable under this subchapter shall not exceed 75

percent of the total cost of the program.

(b) Legal title

Title to any vessel or other personal property purchased under a

State program approved by the Secretary in accordance with the

provisions of this subchapter shall vest upon purchase in the

State. If the State sells such vessels or other property, title may

pass in accordance with such sale.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 130, Dec. 22, 1980, 94 Stat. 3283.)

-CITE-

16 USC Sec. 3332 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3332. State program for reduction of overall fishing capacity

-STATUTE-

The State shall submit to the Secretary a program within three

months of December 22, 1980, designed to -

(1) provide incentives for early retirement of licenses, or

early sale of vessels;

(2) set aside specific allocations of funds for each gear type

to achieve the specific fleet reductions provided for in the

program;

(3) obtain an effective and expeditious reduction in the

overall fishing capacity of and the number of vessels and

licenses in the non-Indian commercial and charter salmon fishing

fleets in the Washington conservation area; and

(4) provide State funding for 25 per centum of the total cost

of the program.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 131, Dec. 22, 1980, 94 Stat. 3284.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3333 of this title.

-CITE-

16 USC Sec. 3333 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3333. Program approval

-STATUTE-

(a) Submission for approval

The State shall submit its program and submit revisions,

modifications, or amendments to the Secretary in accordance with

standards established pursuant to section 3332 of this title and in

such manner and form as the Secretary shall prescribe.

(b) Requirements for approval

Prior to approving such program or any revision, modification, or

amendment, and authorizing Federal funds to be distributed in

accordance with this subchapter, the Secretary must find that -

(1) the State, acting through its chosen agency or agencies,

has authority to carry out a commercial and charter vessel fleet

reduction program in accordance with the provisions of this

subchapter;

(2) the State program provides that a fishing or charter vessel

may not be purchased by the State from other than the person who

owned the vessel on December 22, 1980;

(3) the State program prevents the expenditure of a

disproportionate amount of funds available for vessel acquisition

on vessels owned by any one person;

(4) the State program prohibits the purchase of any fishing or

charter vessel unless all State commercial and charter salmon

fishing licenses attached to the vessel are also sold to the

State;

(5) the State program provides that no person may purchase from

the State any vessel which that person or a member of that

person's immediate family had previously sold to the State;

(6) the State program provides that no person may purchase any

vessel sold to the State pursuant to the program and use such

vessel for commercial or charter salmon fishing in the Washington

conservation area, unless State law provides that the use of such

vessel could not result in any additional fishing effort in the

non-Indian fishing fleet;

(7) the State program provides for purchase of vessels at their

fair market value;

(8) the State program provides for the reduction of salmon

fishing licenses, through purchase of such licenses at their fair

market value, and the use of bonuses and schedules, to -

(A) secure an early retirement from the salmon fishery;

(B) recognize productiveness if the commercial harvesters

using a gear type wish (FOOTNOTE 1) that gear type's specific

allocation of funds to recognize productiveness; and

(FOOTNOTE 1) So in original. Probably should be ''with''.

(C) recognize passenger-carrying capacity for charter fishing

licenses;

(9) the State program provides, with respect to marginally

productive commercial salmon fishermen, for the purchase of their

salmon fishing licenses, but not their fishing vessels;

(10) the State maintains a moratorium, or similar program, to

preclude the issuance of new commercial or charter salmon fishing

licenses; and

(11) the State has established a revolving fund for the

operation of the fleet reduction program that includes an

individual account for each category of fishing license (based on

type of fishing gear used) and that any moneys received by the

State or its agents from the resale of any fishing vessel or gear

purchased under the program (A) shall be placed in such revolving

fund, (B) shall, for at least 2 years from the date of the

program's inception, be placed in the appropriate individual

account, and (C) shall be used exclusively to purchase commercial

fishing and charter vessels and licenses in accordance with the

provisions of this subchapter.

(c) Secretarial action

The Secretary shall approve such program within ninety days of

the date of receipt of the program if found to be consistent with

this chapter and other applicable law. If the Secretary finds that

such program is not in conformity with the provisions of this

chapter or other applicable law, he shall return such program to

the State with recommendations. Any revision, modification, or

amendment to the program shall be approved within thirty days of

receipt unless found to be inconsistent with this chapter or other

applicable law.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 132, Dec. 22, 1980, 94 Stat. 3284.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3331, 3336 of this title.

-CITE-

16 USC Sec. 3334 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3334. Review of State program by Secretary

-STATUTE-

(a) In general

The Secretary shall conduct a continuing review of the State

program to determine whether the program remains consistent with

this chapter or other applicable law. Such review shall include a

biennial audit of the records of the State program.

(b) Action upon finding of noncompliance

If the Secretary finds that the program or the administration

thereof is no longer in compliance with this subchapter, he shall

reduce or discontinue distribution of funds under this subchapter,

or take other appropriate action.

(c) Disposition of certain moneys

If the Secretary finds that any money provided to the State or

obtained by the State from the resale of any fishing or charter

vessel purchased under the program is not being used in accordance

with the provisions of this subchapter, the Secretary shall recover

from the fund, and place in the United States Treasury, such

moneys.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 133, Dec. 22, 1980, 94 Stat. 3285.)

-CITE-

16 USC Sec. 3335 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3335. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary, for the

purposes of carrying out the provisions of this subchapter,

$37,500,000 for the 5-year period beginning October 1, 1981.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 134, Dec. 22, 1980, 94 Stat. 3285.)

-CITE-

16 USC Sec. 3336 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER IV - COMMERCIAL FISHING FLEET ADJUSTMENT

-HEAD-

Sec. 3336. Special provision

-STATUTE-

On the date the Secretary approves the program under section 3333

of this title, the State shall be treated as having expended such

portion of $32,000,000 as the State deems appropriate for purposes

of implementing the program.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 135, Dec. 22, 1980, 94 Stat. 3285.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3323 of this title.

-CITE-

16 USC SUBCHAPTER V - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

.

-HEAD-

SUBCHAPTER V - MISCELLANEOUS

-CITE-

16 USC Sec. 3341 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 3341. Regulations

-STATUTE-

The Secretary of Commerce and the Secretary of the Interior may

each promulgate such regulations, in accordance with section 553 of

title 5, as may be necessary to carry out his functions under this

chapter.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 140, Dec. 22, 1980, 94 Stat. 3286.)

-CITE-

16 USC Sec. 3342 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 3342. Annual status reports on programs; monitoring

-STATUTE-

(a) Reports

The State of Washington, the State of Oregon, and the appropriate

tribal coordinating bodies shall submit to the appropriate

Secretary an annual report on the status of the programs authorized

by this chapter or any other relevant report requested by such

Secretary.

(b) Monitoring

After the 18-month period after approval of the report of the

Salmon and Steelhead Advisory Commission under subchapter II of

this chapter, the Secretary of Commerce shall establish a system to

monitor and evaluate on a continuing basis whether the management

program set forth in the report is being effectively implemented.

If at any time after the monitoring system is established, the

Secretary finds that -

(1) the number of parties referred to in section 3314 of this

title has been reduced to the extent that such program cannot be

implemented effectively; or

(2) the general implementation of the program is ineffective;

the Secretary shall immediately discontinue any further funding

under subchapter III of this chapter.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 141, Dec. 22, 1980, 94 Stat. 3286.)

-CITE-

16 USC Sec. 3343 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 3343. Construction with fishery conservation and management

provisions

-STATUTE-

(a) Consistency

Nothing in this chapter shall be construed as affecting the

provisions of title III of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1851 et seq.) as it

applies with respect to fishery management plans and their

application to any fishery, except that the Pacific Fishery

Management Council shall ensure that existing and future fishery

management plans are consistent with any recommended program

approved under section 3311 of this title and any enhancement plan

under subchapter III of this chapter.

(b) Fleet mobility

The Secretary of Commerce in coordination with the Pacific

Fishery Management Council in its salmon management plan shall

ensure that the fishing effort reduction that results from the

fleet adjustment program of subchapter IV of this chapter and the

license moratorium of the State of Washington is not replaced by

new fishing effort from outside such State.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 142, title II, Sec. 238(b), Dec. 22,

1980, 94 Stat. 3286, 3300; Pub. L. 104-208, div. A, title I, Sec.

101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009,

3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (a), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 1851 et seq.) of chapter 38 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1801 of this title and

Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-208 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

1980 - Subsec. (a). Pub. L. 96-561, Sec. 238(b), substituted

''Magnuson Fishery Conservation and Management Act'' for ''Fishery

Conservation and Management Act of 1976''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-CITE-

16 USC Sec. 3344 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 3344. Construction with other laws

-STATUTE-

Nothing in this chapter shall be construed -

(1) to diminish Federal, State, or tribal jurisdiction,

responsibility, or rights in the field of resource enhancement

and management, or control of water resources, submerged lands,

or navigable waters; nor to limit the authority of Congress to

authorize and fund projects; or

(2) as superseding, modifying, or repealing any existing

applicable law, except as provided for in this section.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 143, Dec. 22, 1980, 94 Stat. 3286.)

-CITE-

16 USC Sec. 3345 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 3345. Authorization of additional appropriations

-STATUTE-

In addition to other authorizations of appropriations contained

in this chapter, there are authorized to be appropriated to the

Secretary of Commerce beginning October 1, 1981, an amount not to

exceed $5,000,000 for the purpose of developing fisheries port

facilities in the State of Oregon. The Secretary shall obligate

such funds for projects proposed by units of State or local

government, Indian tribes, or private nonprofit entities, and

approved by the State of Oregon in consultation with the National

Marine Fisheries Service and the Economic Development

Administration. To the extent practicable, the Secretary shall

assure that projects under this section are integrated with

planning and assistance under the Public Works and Economic

Development Act (42 U.S.C. 3121 et seq.) Funds available under this

section shall not be used for any navigational improvement or other

modification of the navigable waters of the United States. Funds

appropriated pursuant to this section shall remain available until

expended.

-SOURCE-

(Pub. L. 96-561, title I, Sec. 144, Dec. 22, 1980, 94 Stat. 3286.)

-REFTEXT-

REFERENCES IN TEXT

The Public Works and Economic Development Act, referred to in

text, probably means the Public Works and Economic Development Act

of 1965, Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended,

which is classified generally to chapter 38 (Sec. 3121 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 3121 of Title 42 and Tables.

-CITE-