§ 4103. — Apportionment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4103]
TITLE 16--CONSERVATION
CHAPTER 61--INTERJURISDICTIONAL FISHERIES
Sec. 4103. Apportionment
(a) Time when apportionments made
Funds appropriated under section 4107(a) of this title shall be
apportioned by the Secretary among the States on October 1 of each
fiscal year, or as soon thereafter as practicable.
(b) Apportionment formula
The amount of funds apportioned to each State shall be determined by
the Secretary as the ratio which the equally weighted average of the
volume and value of fishery resources harvested by domestic commercial
fishermen and received within such State during the 3 most recent
calendar years for which data satisfactory to the Secretary are
available bears to the total equally weighted average of the volume and
value of all fishery resources harvested by domestic commercial
fishermen received within all of the States during those calendar years.
(c) Limitations
(1) No State may receive an apportionment under subsection (b) of
this section for either fiscal year 1987 or fiscal year 1988 which is
less than one-half of one percent of the total amount of funds available
for that fiscal year.
(2) For any fiscal year after fiscal year 1988, no State that, under
the apportionment formula in subsection (b) of this section, has a ratio
of one-third of one percent or higher may receive an apportionment for
any fiscal year which is less than one percent of the total amount of
funds available for that fiscal year.
(3) For any fiscal year after fiscal year 1988, no State may receive
an apportionment under this section for any fiscal year if that State's
ratio under the apportionment formula in subsection (b) of this section
is less than one-third of one percent, unless the State--
(A) is signatory to an interstate fishery compact;
(B) has entered into an agreement with the Secretary or the
Secretary of the Interior under which the personnel, services, and
equipment of the State and the Federal agency concerned will be made
mutually available for the enforcement of Federal and State laws
pertaining to the protection of fishery resources which are managed
under an interstate fishery management plan;
(C) borders one or more of the Great Lakes; or
(D) has entered into an interstate cooperative fishery
management agreement and has in effect an interstate fisheries
management or interstate fisheries research program.
(4) No State that, under the apportionment formula in subsection (b)
of this section, has a ratio of less than one-third of one percent and
meets any of the requirements set forth in paragraph (1)(A), (B), (C),
or (D) may receive an apportionment for any fiscal year which is less
than one-half of one percent of the total amount of funds available for
apportionment for such fiscal year.
(5) No State may receive an apportionment for any fiscal year under
this section which is more than 6 percent of the total amount of funds
available for apportionment for such fiscal year.
(d) Unused apportionments
Any part of an apportionment for any fiscal year to any State--
(1) that is not obligated during that year;
(2) with respect to which the State notifies the Secretary that
it does not wish to receive that part; or
(3) that is returned to the Secretary by the State,
may not be considered to be apportioned to that State and shall be added
to such funds as are appropriated pursuant to section 4107(a) of this
title for the next fiscal year (and shall be treated as having been
appropriated for such next year) for apportionment under subsection (a)
of this section. Any notification or return of funds referred to in
paragraph (2) or (3) by a State is irrevocable.
(Pub. L. 99-659, title III, Sec. 304, Nov. 14, 1986, 100 Stat. 3733;
Pub. L. 101-627, title V, Sec. 501, Nov. 28, 1990, 104 Stat. 4462.)
Amendments
1990--Subsec. (c)(3)(B). Pub. L. 101-627 inserted ``which are
managed under an interstate fishery management plan'' before semicolon
at end.
