§ 757a. — Anadromous, Great Lakes, and Lake Champlain fisheries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC757a]
TITLE 16--CONSERVATION
CHAPTER 9A--PRESERVATION OF FISHERY RESOURCES
Sec. 757a. Anadromous, Great Lakes, and Lake Champlain fisheries
(a) Conservation, development, and enhancement; cooperative agreements;
costs
For the purpose of conserving, developing, and enhancing within the
several States the anadromous fishery resources of the Nation that are
subject to depletion from water resources developments and other causes,
or with respect to which the United States has made conservation
commitments by international agreements, and for the purpose of
conserving, developing, and enhancing the fish in the Great Lakes and
Lake Champlain that ascend streams to spawn, the Secretary of the
Interior is authorized to enter into cooperative agreements with one or
more States, acting jointly or severally, that are concerned with the
development, conservation, and enhancement of such fish, and, whenever
he deems it appropriate, with other non-Federal interests. Such
agreements shall describe (1) the actions to be taken by the Secretary
and the cooperating parties, (2) the benefits that are expected to be
derived by the States and other non-Federal interests, (3) the estimated
cost of these actions, (4) the share of such costs to be borne by the
Federal Government and by the States and other non-Federal interests:
Provided, That, except as provided in subsection (c) of this section,
the Federal share, including the operation and maintenance costs of any
facilities constructed by the Secretary pursuant to sections 757a to
757f of this title, which he annually determines to be a proper Federal
cost, shall not exceed 50 per centum of such costs exclusive of the
value of any Federal land involved: Provided further, That the non-
Federal share may be in the form of real or personal property, the value
of which will be determined by the Secretary, as well as money, (5) the
term of the agreement, (6) the terms and conditions for disposing of any
real or personal property acquired by the Secretary during or at the end
of the term of the agreement, and (7) such other terms and conditions as
he deems desirable.
(b) Operation, management, and administration of property; research
(1) The Secretary may also enter into agreements with the States for
the operation of any facilities and management and administration of any
lands or interests therein acquired or facilities constructed pursuant
to sections 757a to 757f of this title.
(2) In carrying out responsibilities under this section, the
Secretary shall conduct, promote, and encourage research in preparation
for the implementation of the use of ecosystems and interspecies
approaches to the conservation and management of anadromous and Great
Lakes fishery resources.
(c) Increase of Federal share
(1) Whenever two or more States having a common interest in any
basin jointly enter into a cooperative agreement with the Secretary
under subsection (a) of this section to carry out a research and
development program to conserve, develop, and enhance anadromous fishery
resources of the Nation, or fish in the Great Lakes and Lake Champlain
that ascend streams to spawn, the Federal share of the program costs
shall be increased to a maximum of 66\2/3\ per centum. For the purpose
of this subsection, the term ``basin'' includes rivers and their
tributaries, lakes, and other bodies of water or portions thereof.
(2) In the case of any State that has implemented an interstate
fisheries management plan for anadromous fishery resources, prepared by
an interstate commission, the Federal share of any grant made under this
section to carry out activities required by such plan shall be up to 90
percent. For purposes of this paragraph, the term ``interstate
commission'' means--
(A) the commission established by the Atlantic States Marine
Fisheries Compact (as consented to and approved by Public Law 80-77
\1\), approved May 4, 1942 (56 Stat. 267);
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\1\ See References in Text note below.
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(B) the commission established by the Pacific Marine Fisheries
Compact (as consented to and approved by Public Law 80-232 \1\),
approved July 24, 1947 (16 Stat. 419); and
(C) the commission established by the Gulf States Marine
Fisheries Compact (as consented to and approved by Public Law 81-
66), approved May 19, 1949 (63 Stat. 70).
(Pub. L. 89-304, Sec. 1, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 91-249,
Sec. 1, May 14, 1970, 84 Stat. 214; Pub. L. 93-362, Sec. 3(a), July 30,
1974, 88 Stat. 398; Pub. L. 95-464, Oct. 17, 1978, 92 Stat. 1278; Pub.
L. 96-118, Sec. 1, Nov. 16, 1979, 93 Stat. 859; Pub. L. 97-453,
Sec. 14(b)(1), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98-44, title I,
Sec. 104, July 12, 1983, 97 Stat. 216; Pub. L. 107-372, title III,
Sec. 303(b), Dec. 19, 2002, 116 Stat. 3095.)
References in Text
Public Law 80-77, May 4, 1942, 56 Stat. 267, referred to in subsec.
(c)(2)(A), probably means act May 4, 1942, ch. 283 [Public Law 539, 77th
Cong.], 56 Stat. 267, which is not classified to the Code.
Public Law 80-232, July 24, 1947, 16 Stat. 419, referred to in
subsec. (c)(2)(B), probably means act July 24, 1947, ch. 316 [Public Law
232, 80th Cong.], 61 Stat. 419, which is not classified to the Code.
Public Law 81-66, May 19, 1949, 63 Stat. 70, referred to in subsec.
(c)(2)(C), is act May 19, 1949, ch. 128 [Public Law 66, 81st Cong.], 63
Stat. 70, which is not classified to the Code.
Amendments
2002--Subsec. (b). Pub. L. 107-372 designated existing provisions as
par. (1) and added par. (2).
1983--Subsec. (c)(2). Pub. L. 98-44 substituted ``resources,
prepared by an interstate commission'' for ``resources'', substituted
``up to 90 percent'' for ``90 percent'', and inserted provision defining
interstate commission for purposes of this paragraph.
Subsec. (c). Pub. L. 97-453 designated existing provisions as par.
(1) and added par. (2).
1979--Subsec. (c). Pub. L. 96-118 struck out provisions respecting
cost to Federal government of operation and maintenance of structures,
devices, etc., constructed by States under cooperative agreements.
1978--Subsecs. (a), (c). Pub. L. 95-464 inserted ``and Lake
Champlain'' after ``Great Lakes''.
1974--Subsec. (c). Pub. L. 93-362 substituted ``66\2/3\ per centum''
for ``60 per centum''.
1970--Subsec. (a). Pub. L. 91-249, Sec. 1(a), made the Federal share
of the cost of conservation, development and enhancement of the
anadromous fishery resources subject to the provisions of subsec. (c) of
this section.
Subsec. (c). Pub. L. 91-249, Sec. 1(b), added subsec. (c).
Short Title of 2002 Amendment
Pub. L. 107-372, title III, Sec. 301, Dec. 19, 2002, 116 Stat. 3094,
provided that: ``This title [amending this section, sections 757d, 971h,
4101, 4107, and 5610 of this title, and provisions set out as a note
under section 857-19 of Title 33, Navigation and Navigable Waters] may
be cited as the `Fisheries Conservation Act of 2002'.''
Short Title of 1991 Amendment
Pub. L. 102-130, Sec. 1, Oct. 17, 1991, 105 Stat. 626, provided
that: ``This Act [amending section 757g of this title and provisions set
out as notes under section 1851 of this title] may be cited as the
`Striped Bass Act of 1991'.''
Short Title
Section 8, formerly section 7, of Pub. L. 89-304, as added by Pub.
L. 91-249, Sec. 3, May 14, 1970, 84 Stat. 214, and renumbered by Pub. L.
96-118, Sec. 4, Nov. 16, 1979, 93 Stat. 859, provided that: ``This Act
[enacting this section and sections 757b to 757g of this title] may be
cited as the `Anadromous Fish Conservation Act'.''
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the
Interior, by Reorg. Plan No. 4 of 1970, see note set out under section
755 of this title.
Section Referred to in Other Sections
This section is referred to in sections 757b, 757c, 757d, 757e,
757f, 1225 of this title.
