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16 USC CHAPTER 61 - INTERJURISDICTIONAL FISHERIES 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

.

-HEAD-

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-MISC1-

Sec.

4101. Congressional statement of purposes.

4102. Definitions.

4103. Apportionment.

(a) Time when apportionments made.

(b) Apportionment formula.

(c) Limitations.

(d) Unused apportionments.

4104. State projects.

(a) In general.

(b) Restriction.

(c) Payment.

4105. Property.

(a) Application of Federal and State laws.

(b) Title.

(c) Disposal.

4106. Reports to Congress.

4107. Authorization of appropriations.

(a) General appropriations.

(b) Additional appropriations.

(c) Development of management plans.

(d) Assistance to commercial fishermen.

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16 USC Sec. 4101 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4101. Congressional statement of purposes

-STATUTE-

The purposes of this chapter are -

(1) to promote and encourage State activities in support of the

management of interjurisdictional fishery resources;

(2) to promote and encourage management of interjurisdictional

fishery resources throughout their range; and

(3) to promote and encourage research in preparation for the

implementation of the use of ecosystems and interspecies

approaches to the conservation and management of

interjurisdictional fishery resources throughout their range.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 302, Nov. 14, 1986, 100 Stat.

3732; Pub. L. 107-372, title III, Sec. 302(b), Dec. 19, 2002, 116

Stat. 3095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title III of Pub. L. 99-659, Nov. 14, 1986, 100

Stat. 3731, which is classified principally to this chapter. For

complete classification of title III to the Code, see Short Title

note set out below and Tables.

-MISC2-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-372 added par. (3).

EFFECTIVE DATE

Section 310 of title III of Pub. L. 99-659 provided that: ''This

title (enacting this chapter and repealing chapter 10D (Sec. 779 et

seq.) of this title) takes effect October 1, 1987.''

SHORT TITLE

Section 301 of title III of Pub. L. 99-659 provided that: ''This

title (enacting this chapter and repealing chapter 10D (Sec. 779 et

seq.) of this title) may be cited as the 'Interjurisdictional

Fisheries Act of 1986'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4104 of this title.

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16 USC Sec. 4102 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4102. Definitions

-STATUTE-

For the purposes of this chapter:

(1) The term ''Federal fishery management plan'' means a plan

developed under the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.).

(2) The term ''fishery resource'' means finfish, mollusks,

crustaceans, and any other form of marine animal or plant life,

other than marine mammals and birds.

(3) The term ''interjurisdictional fishery resource'' means -

(A) a fishery resource for which a fishery occurs in waters

under the jurisdiction of one or more States and the exclusive

economic zone established by Proclamation Numbered 5030, dated

March 10, 1983;

(B) a fishery resource for which there exists an interstate

fishery management plan; or

(C) a fishery resource which migrates between the waters

under the jurisdiction of two or more States bordering on the

Great Lakes.

For purposes of applying section 4104(a)(3) of this title during

fiscal year 1987, a Federal fishery management plan or an

interstate fishery management plan for the fishery resource need

not be in existence, but a plan of either kind for that resource

must be in the development process during that year.

(4) The term ''interstate fishery management plan'' means a

plan for managing fisheries developed and adopted by an

interstate commission.

(5) The term ''interstate commission'' means a commission or

other administrative body established by an interstate compact.

(6) The term ''interstate compact'' means a compact that has

been entered into by two or more States, established for the

purposes of conserving and managing interjurisdictional fishery

resources throughout their range, and consented to and approved

by Congress.

(7) The term ''project'' means a program for research in

support of the management of an interjurisdictional fishery

resource or an interstate cooperative fishery management

agreement.

(8) The term ''Secretary'' means the Secretary of Commerce.

(9) The term ''State'' means any of the several States of the

United States, the Commonwealth of Puerto Rico, American Samoa,

the Virgin Islands, Guam, or the Northern Mariana Islands.

(10) The term ''State agency'' means any department, agency,

commission, or official of a State authorized under the laws of

the State to regulate commercial fisheries or enforce laws

relating to commercial fisheries.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 303, Nov. 14, 1986, 100 Stat.

3732; 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 par. (1), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38

(Sec. 1801 et seq.) 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.

Proclamation Numbered 5030, referred to in par. (3)(A), is set

out under section 1453 of this title.

-MISC2-

AMENDMENTS

1996 - Par. (1). Pub. L. 104-208 substituted ''Magnuson-Stevens

Fishery'' for ''Magnuson Fishery''.

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.

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16 USC Sec. 4103 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4103. Apportionment

-STATUTE-

(a) Time when apportionments made

Funds appropriated under section 4107(a) of this title shall be

apportioned by the Secretary among the States on October 1 of each

fiscal year, or as soon thereafter as practicable.

(b) Apportionment formula

The amount of funds apportioned to each State shall be determined

by the Secretary as the ratio which the equally weighted average of

the volume and value of fishery resources harvested by domestic

commercial fishermen and received within such State during the 3

most recent calendar years for which data satisfactory to the

Secretary are available bears to the total equally weighted average

of the volume and value of all fishery resources harvested by

domestic commercial fishermen received within all of the States

during those calendar years.

(c) Limitations

(1) No State may receive an apportionment under subsection (b) of

this section for either fiscal year 1987 or fiscal year 1988 which

is less than one-half of one percent of the total amount of funds

available for that fiscal year.

(2) For any fiscal year after fiscal year 1988, no State that,

under the apportionment formula in subsection (b) of this section,

has a ratio of one-third of one percent or higher may receive an

apportionment for any fiscal year which is less than one percent of

the total amount of funds available for that fiscal year.

(3) For any fiscal year after fiscal year 1988, no State may

receive an apportionment under this section for any fiscal year if

that State's ratio under the apportionment formula in subsection

(b) of this section is less than one-third of one percent, unless

the State -

(A) is signatory to an interstate fishery compact;

(B) has entered into an agreement with the Secretary or the

Secretary of the Interior under which the personnel, services,

and equipment of the State and the Federal agency concerned will

be made mutually available for the enforcement of Federal and

State laws pertaining to the protection of fishery resources

which are managed under an interstate fishery management plan;

(C) borders one or more of the Great Lakes; or

(D) has entered into an interstate cooperative fishery

management agreement and has in effect an interstate fisheries

management or interstate fisheries research program.

(4) No State that, under the apportionment formula in subsection

(b) of this section, has a ratio of less than one-third of one

percent and meets any of the requirements set forth in paragraph

(1)(A), (B), (C), or (D) may receive an apportionment for any

fiscal year which is less than one-half of one percent of the total

amount of funds available for apportionment for such fiscal year.

(5) No State may receive an apportionment for any fiscal year

under this section which is more than 6 percent of the total amount

of funds available for apportionment for such fiscal year.

(d) Unused apportionments

Any part of an apportionment for any fiscal year to any State -

(1) that is not obligated during that year;

(2) with respect to which the State notifies the Secretary that

it does not wish to receive that part; or

(3) that is returned to the Secretary by the State,

may not be considered to be apportioned to that State and shall be

added to such funds as are appropriated pursuant to section 4107(a)

of this title for the next fiscal year (and shall be treated as

having been appropriated for such next year) for apportionment

under subsection (a) of this section. Any notification or return

of funds referred to in paragraph (2) or (3) by a State is

irrevocable.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 304, Nov. 14, 1986, 100 Stat.

3733; Pub. L. 101-627, title V, Sec. 501, Nov. 28, 1990, 104 Stat.

4462.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c)(3)(B). Pub. L. 101-627 inserted ''which are

managed under an interstate fishery management plan'' before

semicolon at end.

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16 USC Sec. 4104 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4104. State projects

-STATUTE-

(a) In general

(1) Any State may, through its State agency or an interstate

commission, submit to the Secretary a proposal for a project which

includes full plans, specifications, and cost estimates for such

project. The total cost of all items included for engineering,

planning, inspection, and unforeseen contingencies in connection

with any works to be constructed as part of such a proposed project

shall not exceed 10 percent of the total cost of such works, and

shall be paid by the State as a part of its contribution to the

total cost of the works.

(2) No part of any funds appropriated under any authorization

contained in section 4107 of this title may be obligated with

respect to any project until the proposal for such project has been

submitted under paragraph (1) and approved by the Secretary. The

Secretary, before approving any proposal for a project, must

evaluate the proposal as to -

(A) the soundness of design;

(B) the possibilities of securing productive results;

(C) the minimization of duplication with other research

projects in support of the management of interjurisdictional

fishery resources and carried out under this chapter or under any

other law or regulation;

(D) the organization and management of the project;

(E) the methods proposed for monitoring and evaluating the

success or failure of the project;

(F) the consistency of the project with the purposes of this

chapter specified in section 4101 of this title; and

(G) such other criteria as the Secretary may prescribe.

(3) The Federal share of the cost of any project conducted under

this chapter shall not exceed 75 percent of the total estimated

cost of the project, unless -

(A) the State has adopted an interstate fishery management plan

for the resource to which the project applies; or

(B) the State has adopted fishery regulations which the

Secretary has determined are consistent with any Federal fishery

management plan for the species to which the project applies;

in which case the Federal share shall not exceed 90 percent of the

total estimated cost of the project.

(4)(A) If the Secretary approves or disapproves a proposal for a

project, the Secretary shall promptly give written notification,

including, if disapproved, a detailed explanation of the reasons

for the disapproval, to the State agency submitting the proposal

or, if the proposal is submitted through an interstate commission,

such commission and the State.

(B) For the purposes of this chapter, funds apportioned under

this section to any State shall be treated as having been obligated

with respect to a project during the fiscal year in which the

written notification of approval required under subparagraph (A)

for the project proposal is made.

(b) Restriction

The expenditure of funds under this chapter shall be applied only

to projects for which a proposal has been approved under subsection

(a) of this section, except that up to $25,000 each fiscal year may

be obligated for a State to carry out an agreement with the

Secretary or the Secretary of the Interior under which the

personnel, services and equipment of the State and the Federal

agency concerned will be made mutually available for the

enforcement of Federal and State laws pertaining to the protection

of fishery resources. If otherwise applied, such funds shall be

replaced by the State before the State may receive any additional

funds under this chapter.

(c) Payment

When the Secretary determines that a project carried out under a

proposal approved by the Secretary has been completed, or where the

Secretary otherwise deems it appropriate, the Secretary shall cause

to be paid to the proper authority of the State, or to the official

or depository designated by the interstate commission if the State

agency specifies that payment is to be made to the interstate

commission, the Federal share of the project. Any payment made to

an interstate commission shall be charged against the apportionment

of the State concerned.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 305, Nov. 14, 1986, 100 Stat.

3734.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 4106 of this title.

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16 USC Sec. 4105 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4105. Property

-STATUTE-

(a) Application of Federal and State laws

All work, including the furnishing of labor and materials, needed

to complete any project approved by the Secretary shall be

performed in accordance with applicable Federal and State laws

under the direct supervision of the State agency, and in accordance

with regulations as the Secretary may prescribe.

(b) Title

Title to all property, real and personal, acquired for the

purposes of completing any project approved by the Secretary vests

in the State.

(c) Disposal

If a State disposes of any real or personal property acquired

under this chapter, the State shall pay into the Treasury of the

United States the amount of any proceeds resulting from the

property disposed to the extent of and in the same ratio that funds

provided under this chapter were used in the acquisition of the

property. In no case shall the amount paid into the Treasury of

the United States under this section exceed the amount of funds

provided by this chapter for the acquisition of the property

involved.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 306, Nov. 14, 1986, 100 Stat.

3735.)

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16 USC Sec. 4106 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4106. Reports to Congress

-STATUTE-

After consultation with the States receiving funds under this

chapter and with any interstate commission involved in carrying out

a project under this chapter, the Secretary shall submit to the

Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate not later than 90 days after the end

of the fiscal year 1988, and each second fiscal year occurring

after that fiscal year, a report which contains -

(1) a description of each project and law enforcement effort

receiving funds under this chapter during the last 2 fiscal years

ending before such report is submitted;

(2) a specification of the total amount of funds from the

Federal Government and the total amount of funds from each State

spent on each project and a law enforcement effort receiving

funds under this chapter during the last 2 fiscal years ending

before such report is submitted;

(3) an assessment of each project and law enforcement effort

receiving funds under this chapter during the last 2 fiscal years

ending before such report is submitted to determine whether such

project is furthering the purposes of this chapter; and

(4) a statement specifying all funds which have been

apportioned pursuant to section 4104(a) of this title and are

available for obligation by a State or the Secretary but which

have not been obligated.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 307, Nov. 14, 1986, 100 Stat.

3735.)

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 4107 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 61 - INTERJURISDICTIONAL FISHERIES

-HEAD-

Sec. 4107. Authorization of appropriations

-STATUTE-

(a) General appropriations

There are authorized to be appropriated to the Department of

Commerce for apportionment to carry out the purposes of this

chapter -

(1) $5,400,000 for each of fiscal years 2003 and 2004; and

(2) $5,900,000 for each of fiscal years 2005 and 2006.

(b) Additional appropriations

In addition to the amounts authorized in subsection (a) of this

section, there are authorized to be appropriated to the Department

of Commerce $65,000,000 for each of the fiscal years 1994 and 1995,

which shall be available in such amounts as the Secretary may

determine appropriate for the purposes of this chapter; except that

-

(1) in providing funds to States under this subsection, the

Secretary shall give a preference to those States regarding which

the Secretary determines there is a commercial fishery failure or

serious disruption affecting future production due to a fishery

resource disaster arising from natural or undetermined causes,

and any sums made available under this subsection may be used

either by the States or directly by the Secretary in cooperation

with the States for any purpose that the Secretary determines is

appropriate to restore the fishery affected by such a failure or

to prevent a similar failure in the future;

(2) the funds authorized to be appropriated under this

subsection shall not be available to the Secretary for use as

grants for chartering fishing vessels; and

(3) the Federal share of the cost of any activity carried out

with an amount appropriated under the authority of this

subsection shall be 75 percent of the cost of that activity.

Amounts appropriated under this subsection shall remain available

until expended.

(c) Development of management plans

In addition to the amounts authorized under subsections (a) and

(b) of this section, there are authorized to be appropriated to the

Department of Commerce $850,000 for each of fiscal years 2003 and

2004, and $900,000 for each of fiscal years 2005 and 2006, to

support the efforts of the following interstate commissions to

develop interstate fishery management plans for interjurisdictional

fishery resources:

(1) The commission established by the Atlantic States Marine

Fisheries Compact, as consented to and approved by Public Law

77-539 (56 Stat. 267), approved May 4, 1942.

(2) The commission established by the Pacific Marine Fisheries

Compact, as consented to and approved by Public Law 80-232 (61

Stat. 419), approved July 24, 1947.

(3) The commission established by the Gulf States Marine

Fisheries Compact, as consented to and approved by Public Law

81-66 (63 Stat. 70), approved May 19, 1949.

(d) Assistance to commercial fishermen

(1) In addition to the amounts authorized under subsections (a),

(b), and (c) of this section, there are authorized to be

appropriated to the Department of Commerce $65,000,000 for fiscal

year 1992 to enable the Secretary to help persons engaged in

commercial fisheries, either by providing assistance directly to

those persons or by providing assistance indirectly through States

and local government agencies and nonprofit organizations, for

projects or other measures to alleviate harm determined by the

Secretary to have been incurred as a direct result of a fishery

resource disaster arising from Hurricane Hugo, Hurricane Andrew,

Hurricane Iniki, or any other natural disaster. Amounts

appropriated under this subsection shall remain available until

expended.

(2) The Secretary shall determine the extent, and the beginning

and ending dates, of any fishery resource disaster under this

subsection.

(3) Eligibility for direct assistance to a person under this

subsection shall be limited to any person that has less than

$2,000,000 in net revenues annually from commercial fishing, as

determined by the Secretary.

(4)(A) Assistance may not be provided under this subsection as

part of a fishing capacity reduction program in a fishery unless

the Secretary determines that adequate conservation and management

measures are in place in that fishery.

(B) As a condition of awarding assistance with respect to a

vessel under a fishing capacity reduction program, the Secretary

shall -

(i) prohibit the vessel from being used for fishing; and

(ii) require that the vessel be -

(I) scrapped or otherwise disposed of in a manner approved by

the Secretary; or

(II) donated to a nonprofit organization and thereafter used

only for purposes of research, education, or training; or

(III) used for another non-fishing purpose provided the

Secretary determines that adequate measures are in place to

ensure that the vessel cannot reenter any fishery.

(C) A vessel that is prohibited from fishing under subparagraph

(B) shall not be eligible for a fishery endorsement under section

12108(a) of title 46 and any such endorsement for the vessel shall

not be effective.

(5) The Secretary shall establish, after notice and opportunity

for public comment, appropriate limitations, terms, and conditions

for receiving assistance under this subsection.

(6) As used in this subsection, the term ''person'' means any

individual or any corporation, partnership, trust, association, or

other nongovernmental entity.

(7) With respect to funds available for the New England region,

the Secretary shall submit to the Congress by January 1, 1997, with

annual updates thereafter as appropriate, a report on the New

England fishing capacity reduction initiative which provides -

(A) the total number of Northeast multispecies permits in each

permit category and calculates the maximum potential fishing

capacity of vessels holding such permits based on the principal

gear, gross registered tonnage, engine horsepower, length, age,

and other relevant characteristics;

(B) the total number of days at sea available to the permitted

Northeast multispecies fishing fleet and the total days at sea

weighted by the maximum potential fishing capacity of the fleet;

(C) an analysis of the extent to which the weighted days at sea

are used by the active participants in the fishery and of the

reduction in such days as a result of the fishing capacity

reduction program; and

(D) an estimate of conservation benefits (such as reduction in

fishing mortality) directly attributable to the fishing capacity

reduction program.

-SOURCE-

(Pub. L. 99-659, title III, Sec. 308, Nov. 14, 1986, 100 Stat.

3736; Pub. L. 101-627, title V, Sec. 502, 503, Nov. 28, 1990, 104

Stat. 4463; Pub. L. 102-396, title IX, Sec. 9135, Oct. 6, 1992, 106

Stat. 1937; Pub. L. 103-206, title VIII, Sec. 811, Dec. 20, 1993,

107 Stat. 2454; Pub. L. 103-238, Sec. 21, Apr. 30, 1994, 108 Stat.

561; Pub. L. 104-134, title I, Sec. 101((a)) (title II, Sec. 211),

Apr. 26, 1996, 110 Stat. 1321, 1321-31; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104-297,

title IV, Sec. 402, Oct. 11, 1996, 110 Stat. 3618; Pub. L. 107-372,

title III, Sec. 302(a), Dec. 19, 2002, 116 Stat. 3094.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 77-539, referred to in subsec. (c)(1), is act May 4,

1942, ch. 283, 56 Stat. 267, which is not classified to the Code.

Public Law 80-232, referred to in subsec. (c)(2), is act July 24,

1947, ch. 316, 61 Stat. 419, which is not classified to the Code.

Public Law 81-66, referred to in subsec. (c)(3), is act May 19,

1949, ch. 128, 63 Stat. 70, which is not classified to the Code.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-372, Sec. 302(a)(1), amended

heading and text of subsec. (a) generally. Prior to amendment,

text read as follows: ''There are authorized to be appropriated to

the Department of Commerce for apportionment to carry out the

purposes of this chapter -

''(1) $3,400,000 for fiscal year 1996;

''(2) $3,900,000 for fiscal year 1997;

''(3) $4,400,000 for each of the fiscal years 1998, 1999, and

2000.''

Subsec. (c). Pub. L. 107-372, Sec. 302(a)(2), substituted

''$850,000 for each of fiscal years 2003 and 2004, and $900,000 for

each of fiscal years 2005 and 2006'' for ''$700,000 for fiscal year

1997, and $750,000 for each of the fiscal years 1998, 1999, and

2000'' in introductory provisions.

1996 - Subsec. (a). Pub. L. 104-297, Sec. 402(a)(1), amended

heading and text of subsec. (a) generally. Prior to amendment,

text read as follows: ''There are authorized to be appropriated to

the Department of Commerce for apportionment to carry out the

purposes of this chapter $5,000,000 for each of the fiscal years

1989, 1990, 1991, 1992, 1993, 1994, and 1995.''

Subsec. (c). Pub. L. 104-297, Sec. 402(a)(2), substituted

''$700,000 for fiscal year 1997, and $750,000 for each of the

fiscal years 1998, 1999, and 2000,'' for ''$350,000 for each of the

fiscal years 1989, 1990, 1991, 1992, and 1993, and $600,000 for

each of the fiscal years 1994 and 1995,''.

Subsec. (d). Pub. L. 104-134, Sec. 101((a)) (title II, Sec.

211(1)), substituted ''Assistance'' for ''Grants'' in heading.

Subsec. (d)(1). Pub. L. 104-134, Sec. 101((a)) (title II, Sec.

211(2)), substituted ''help persons engaged in commercial

fisheries, either by providing assistance directly to those persons

or by providing assistance indirectly through States and local

government agencies and nonprofit organizations, for projects or

other measures to alleviate harm determined by the Secretary to

have been incurred'' for ''award grants to persons engaged in

commercial fisheries, for uninsured losses determined by the

Secretary to have been suffered''.

Subsec. (d)(3). Pub. L. 104-134, Sec. 101((a)) (title II, Sec.

211(3), (4)), substituted ''direct assistance to a person'' for ''a

grant'' and ''net revenues annually from commercial fishing,'' for

''gross revenues annually,''.

Subsec. (d)(4). Pub. L. 104-134, Sec. 101((a)) (title II, Sec.

211(5)), added par. (4) and struck former par. (4) which read as

follows: ''A person may receive a grant under this subsection for

up to 75 percent of any uninsured commercial fishery loss resulting

from such a fishery resource disaster (to the extent that such

losses have not been compensated by other Federal and State

programs), but shall receive no more than $100,000 in the aggregate

for all such losses suffered as a result of any particular fishery

resource disaster.''

Subsec. (d)(5). Pub. L. 104-134, Sec. 101((a)) (title II, Sec.

211(6)), substituted ''for receiving assistance under this

subsection'' for ''for awarding grants under this subsection,

including provisions specifying the means by which applicants must

demonstrate claimed losses and limiting the aggregate amounts that

may be paid to persons that are affiliated with each other or under

common ownership.''

Subsec. (d)(7). Pub. L. 104-297, Sec. 402(b), added par. (7).

1994 - Subsec. (b). Pub. L. 103-238 substituted ''$65,000,000 for

each of the fiscal years 1994 and 1995'' for ''$2,500,000 for each

of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995''.

1993 - Subsec. (c). Pub. L. 103-206 inserted '', and $600,000 for

each of the fiscal years 1994 and 1995,'' after ''and 1993''.

1992 - Subsec. (d). Pub. L. 102-396 added subsec. (d).

1990 - Subsec. (a). Pub. L. 101-627, Sec. 503(1), substituted

''the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995''

for ''fiscal years 1987, 1988, and 1989''.

Subsec. (b). Pub. L. 101-627, Sec. 502, 503(2), in introductory

provisions substituted ''the fiscal years 1989, 1990, 1991, 1992,

1993, 1994, and 1995'' for ''fiscal years 1988 and 1989'' and added

par. (3).

Subsec. (c). Pub. L. 101-627, Sec. 503(3), substituted ''the

fiscal years 1989, 1990, 1991, 1992, and 1993'' for ''fiscal years

1988 and 1989''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1389, 4103, 4104 of this

title; title 15 section 632; title 46 section 12108.

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