§ 3301. — Congressional findings and declaration of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3301]
TITLE 16--CONSERVATION
CHAPTER 52--SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 3301. Congressional findings and declaration of purpose
(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.
(Pub. L. 96-561, title I, Sec. 102, Dec. 22, 1980, 94 Stat. 3275.)
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.''
