§ 4107. — Authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4107]
TITLE 16--CONSERVATION
CHAPTER 61--INTERJURISDICTIONAL FISHERIES
Sec. 4107. Authorization of appropriations
(a) General appropriations
There are authorized to be appropriated to the Department of
Commerce for apportionment to carry out the purposes of this chapter--
(1) $5,400,000 for each of fiscal years 2003 and 2004; and
(2) $5,900,000 for each of fiscal years 2005 and 2006.
(b) Additional appropriations
In addition to the amounts authorized in subsection (a) of this
section, there are authorized to be appropriated to the Department of
Commerce $65,000,000 for each of the fiscal years 1994 and 1995, which
shall be available in such amounts as the Secretary may determine
appropriate for the purposes of this chapter; except that--
(1) in providing funds to States under this subsection, the
Secretary shall give a preference to those States regarding which
the Secretary determines there is a commercial fishery failure or
serious disruption affecting future production due to a fishery
resource disaster arising from natural or undetermined causes, and
any sums made available under this subsection may be used either by
the States or directly by the Secretary in cooperation with the
States for any purpose that the Secretary determines is appropriate
to restore the fishery affected by such a failure or to prevent a
similar failure in the future;
(2) the funds authorized to be appropriated under this
subsection shall not be available to the Secretary for use as grants
for chartering fishing vessels; and
(3) the Federal share of the cost of any activity carried out
with an amount appropriated under the authority of this subsection
shall be 75 percent of the cost of that activity.
Amounts appropriated under this subsection shall remain available until
expended.
(c) Development of management plans
In addition to the amounts authorized under subsections (a) and (b)
of this section, there are authorized to be appropriated to the
Department of Commerce $850,000 for each of fiscal years 2003 and 2004,
and $900,000 for each of fiscal years 2005 and 2006, to support the
efforts of the following interstate commissions to develop interstate
fishery management plans for interjurisdictional fishery resources:
(1) The commission established by the Atlantic States Marine
Fisheries Compact, as consented to and approved by Public Law 77-539
(56 Stat. 267), approved May 4, 1942.
(2) The commission established by the Pacific Marine Fisheries
Compact, as consented to and approved by Public Law 80-232 (61 Stat.
419), approved July 24, 1947.
(3) The commission established by the Gulf States Marine
Fisheries Compact, as consented to and approved by Public Law 81-66
(63 Stat. 70), approved May 19, 1949.
(d) Assistance to commercial fishermen
(1) In addition to the amounts authorized under subsections (a),
(b), and (c) of this section, there are authorized to be appropriated to
the Department of Commerce $65,000,000 for fiscal year 1992 to enable
the Secretary to help persons engaged in commercial fisheries, either by
providing assistance directly to those persons or by providing
assistance indirectly through States and local government agencies and
nonprofit organizations, for projects or other measures to alleviate
harm determined by the Secretary to have been incurred as a direct
result of a fishery resource disaster arising from Hurricane Hugo,
Hurricane Andrew, Hurricane Iniki, or any other natural disaster.
Amounts appropriated under this subsection shall remain available until
expended.
(2) The Secretary shall determine the extent, and the beginning and
ending dates, of any fishery resource disaster under this subsection.
(3) Eligibility for direct assistance to a person under this
subsection shall be limited to any person that has less than $2,000,000
in net revenues annually from commercial fishing, as determined by the
Secretary.
(4)(A) Assistance may not be provided under this subsection as part
of a fishing capacity reduction program in a fishery unless the
Secretary determines that adequate conservation and management measures
are in place in that fishery.
(B) As a condition of awarding assistance with respect to a vessel
under a fishing capacity reduction program, the Secretary shall--
(i) prohibit the vessel from being used for fishing; and
(ii) require that the vessel be--
(I) scrapped or otherwise disposed of in a manner approved
by the Secretary; or
(II) donated to a nonprofit organization and thereafter used
only for purposes of research, education, or training; or
(III) used for another non-fishing purpose provided the
Secretary determines that adequate measures are in place to
ensure that the vessel cannot reenter any fishery.
(C) A vessel that is prohibited from fishing under subparagraph (B)
shall not be eligible for a fishery endorsement under section 12108(a)
of title 46 and any such endorsement for the vessel shall not be
effective.
(5) The Secretary shall establish, after notice and opportunity for
public comment, appropriate limitations, terms, and conditions for
receiving assistance under this subsection.
(6) As used in this subsection, the term ``person'' means any
individual or any corporation, partnership, trust, association, or other
nongovernmental entity.
(7) With respect to funds available for the New England region, the
Secretary shall submit to the Congress by January 1, 1997, with annual
updates thereafter as appropriate, a report on the New England fishing
capacity reduction initiative which provides--
(A) the total number of Northeast multispecies permits in each
permit category and calculates the maximum potential fishing
capacity of vessels holding such permits based on the principal
gear, gross registered tonnage, engine horsepower, length, age, and
other relevant characteristics;
(B) the total number of days at sea available to the permitted
Northeast multispecies fishing fleet and the total days at sea
weighted by the maximum potential fishing capacity of the fleet;
(C) an analysis of the extent to which the weighted days at sea
are used by the active participants in the fishery and of the
reduction in such days as a result of the fishing capacity reduction
program; and
(D) an estimate of conservation benefits (such as reduction in
fishing mortality) directly attributable to the fishing capacity
reduction program.
(Pub. L. 99-659, title III, Sec. 308, Nov. 14, 1986, 100 Stat. 3736;
Pub. L. 101-627, title V, Secs. 502, 503, Nov. 28, 1990, 104 Stat. 4463;
Pub. L. 102-396, title IX, Sec. 9135, Oct. 6, 1992, 106 Stat. 1937; Pub.
L. 103-206, title VIII, Sec. 811, Dec. 20, 1993, 107 Stat. 2454; Pub. L.
103-238, Sec. 21, Apr. 30, 1994, 108 Stat. 561; Pub. L. 104-134, title
I, Sec. 101[(a)] [title II, Sec. 211], Apr. 26, 1996, 110 Stat. 1321,
1321-31; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996,
110 Stat. 1327; Pub. L. 104-297, title IV, Sec. 402, Oct. 11, 1996, 110
Stat. 3618; Pub. L. 107-372, title III, Sec. 302(a), Dec. 19, 2002, 116
Stat. 3094.)
References in Text
Public Law 77-539, referred to in subsec. (c)(1), is act May 4,
1942, ch. 283, 56 Stat. 267, which is not classified to the Code.
Public Law 80-232, referred to in subsec. (c)(2), is act July 24,
1947, ch. 316, 61 Stat. 419, which is not classified to the Code.
Public Law 81-66, referred to in subsec. (c)(3), is act May 19,
1949, ch. 128, 63 Stat. 70, which is not classified to the Code.
Amendments
2002--Subsec. (a). Pub. L. 107-372, Sec. 302(a)(1), amended heading
and text of subsec. (a) generally. Prior to amendment, text read as
follows: ``There are authorized to be appropriated to the Department of
Commerce for apportionment to carry out the purposes of this chapter--
``(1) $3,400,000 for fiscal year 1996;
``(2) $3,900,000 for fiscal year 1997;
``(3) $4,400,000 for each of the fiscal years 1998, 1999, and
2000.''
Subsec. (c). Pub. L. 107-372, Sec. 302(a)(2), substituted ``$850,000
for each of fiscal years 2003 and 2004, and $900,000 for each of fiscal
years 2005 and 2006'' for ``$700,000 for fiscal year 1997, and $750,000
for each of the fiscal years 1998, 1999, and 2000'' in introductory
provisions.
1996--Subsec. (a). Pub. L. 104-297, Sec. 402(a)(1), amended heading
and text of subsec. (a) generally. Prior to amendment, text read as
follows: ``There are authorized to be appropriated to the Department of
Commerce for apportionment to carry out the purposes of this chapter
$5,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, 1993,
1994, and 1995.''
Subsec. (c). Pub. L. 104-297, Sec. 402(a)(2), substituted ``$700,000
for fiscal year 1997, and $750,000 for each of the fiscal years 1998,
1999, and 2000,'' for ``$350,000 for each of the fiscal years 1989,
1990, 1991, 1992, and 1993, and $600,000 for each of the fiscal years
1994 and 1995,''.
Subsec. (d). Pub. L. 104-134, Sec. 101[(a)] [title II, Sec. 211(1)],
substituted ``Assistance'' for ``Grants'' in heading.
Subsec. (d)(1). Pub. L. 104-134, Sec. 101[(a)] [title II,
Sec. 211(2)], substituted ``help persons engaged in commercial
fisheries, either by providing assistance directly to those persons or
by providing assistance indirectly through States and local government
agencies and nonprofit organizations, for projects or other measures to
alleviate harm determined by the Secretary to have been incurred'' for
``award grants to persons engaged in commercial fisheries, for uninsured
losses determined by the Secretary to have been suffered''.
Subsec. (d)(3). Pub. L. 104-134, Sec. 101[(a)] [title II,
Sec. 211(3), (4)], substituted ``direct assistance to a person'' for ``a
grant'' and ``net revenues annually from commercial fishing,'' for
``gross revenues annually,''.
Subsec. (d)(4). Pub. L. 104-134, Sec. 101[(a)] [title II,
Sec. 211(5)], added par. (4) and struck former par. (4) which read as
follows: ``A person may receive a grant under this subsection for up to
75 percent of any uninsured commercial fishery loss resulting from such
a fishery resource disaster (to the extent that such losses have not
been compensated by other Federal and State programs), but shall receive
no more than $100,000 in the aggregate for all such losses suffered as a
result of any particular fishery resource disaster.''
Subsec. (d)(5). Pub. L. 104-134, Sec. 101[(a)] [title II,
Sec. 211(6)], substituted ``for receiving assistance under this
subsection'' for ``for awarding grants under this subsection, including
provisions specifying the means by which applicants must demonstrate
claimed losses and limiting the aggregate amounts that may be paid to
persons that are affiliated with each other or under common ownership.''
Subsec. (d)(7). Pub. L. 104-297, Sec. 402(b), added par. (7).
1994--Subsec. (b). Pub. L. 103-238 substituted ``$65,000,000 for
each of the fiscal years 1994 and 1995'' for ``$2,500,000 for each of
the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995''.
1993--Subsec. (c). Pub. L. 103-206 inserted ``, and $600,000 for
each of the fiscal years 1994 and 1995,'' after ``and 1993''.
1992--Subsec. (d). Pub. L. 102-396 added subsec. (d).
1990--Subsec. (a). Pub. L. 101-627, Sec. 503(1), substituted ``the
fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995'' for ``fiscal
years 1987, 1988, and 1989''.
Subsec. (b). Pub. L. 101-627, Secs. 502, 503(2), in introductory
provisions substituted ``the fiscal years 1989, 1990, 1991, 1992, 1993,
1994, and 1995'' for ``fiscal years 1988 and 1989'' and added par. (3).
Subsec. (c). Pub. L. 101-627, Sec. 503(3), substituted ``the fiscal
years 1989, 1990, 1991, 1992, and 1993'' for ``fiscal years 1988 and
1989''.
Section Referred to in Other Sections
This section is referred to in sections 1389, 4103, 4104 of this
title; title 15 section 632; title 46 section 12108.
