§ 3321. — Grants for projects under approved enhancement plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3321]
TITLE 16--CONSERVATION
CHAPTER 52--SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER III--RESOURCE ENHANCEMENT
Sec. 3321. Grants for projects under approved enhancement plans
(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;
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\1\ So in original. Probably should be ``artificially''.
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(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.
(Pub. L. 96-561, title I, Sec. 120, Dec. 22, 1980, 94 Stat. 3280.)
Section Referred to in Other Sections
This section is referred to in section 3325 of this title.
