§ 3333. — Program approval.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3333]
TITLE 16--CONSERVATION
CHAPTER 52--SALMON AND STEELHEAD CONSERVATION AND ENHANCEMENT
SUBCHAPTER IV--COMMERCIAL FISHING FLEET ADJUSTMENT
Sec. 3333. Program approval
(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
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
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\1\ So in original. Probably should be ``with''.
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(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.
(Pub. L. 96-561, title I, Sec. 132, Dec. 22, 1980, 94 Stat. 3284.)
Section Referred to in Other Sections
This section is referred to in sections 3331, 3336 of this title.
