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Salmon and Steelhead Conservation and Enhancement Act
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16 USC CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT

-CITE-
16 USC CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND
ENHANCEMENT 01/19/04

-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.

-End-


-CITE-
16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS

-End-



-CITE-
16 USC Sec. 3301 01/19/04

-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."

-End-



-CITE-
16 USC Sec. 3302 01/19/04

-EXPCITE-
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 (!1) in subparagraph (A) migrate.


(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.

-FOOTNOTE-
(!1) So in original. Probably should be "described".


-End-


-CITE-
16 USC SUBCHAPTER II - COORDINATED MANAGEMENT OF SALMON
AND STEELHEAD 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 3311 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 3312 01/19/04

-EXPCITE-
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.)

-End-



-CITE-
16 USC Sec. 3313 01/19/04

-EXPCITE-
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.)

-End-



-CITE-
16 USC Sec. 3314 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 3315 01/19/04

-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.)

-End-


-CITE-
16 USC SUBCHAPTER III - RESOURCE ENHANCEMENT 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 3321 01/19/04

-EXPCITE-
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 (!1)
propagated stocks;

(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.

-FOOTNOTE-
(!1) So in original. Probably should be "artificially".


-End-



-CITE-
16 USC Sec. 3322 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3323 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3324 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3325 01/19/04

-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.)

-End-


-CITE-
16 USC SUBCHAPTER IV - COMMERCIAL FISHING FLEET
ADJUSTMENT 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 3331 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3332 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 3333 01/19/04

-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 (continued)
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