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(continued) cial 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 (!1) that gear type's specific
allocation of funds to recognize productiveness; and

(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.

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


-End-



-CITE-
16 USC Sec. 3334 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3335 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3336 01/19/04

-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.

-End-


-CITE-
16 USC SUBCHAPTER V - MISCELLANEOUS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 52 - SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER V - MISCELLANEOUS

-HEAD-
SUBCHAPTER V - MISCELLANEOUS

-End-



-CITE-
16 USC Sec. 3341 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3342 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3343 01/19/04

-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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 3344 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 3345 01/19/04

-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.

-End-