§ 757a Anadromous, Great Lakes, and Lake Champlain fisheries · 116-29

§ 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 66⅔ 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

1 See References in Text note below.

), approved

May 4, 1942

(56 Stat. 267);

(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).

Source

(Pub. L. 89–304, § 1,

Oct. 30, 1965

, 79 Stat. 1125; Pub. L. 91–249, § 1,

May 14, 1970

, 84 Stat. 214; Pub. L. 93–362, § 3(a),

July 30, 1974

, 88 Stat. 398; Pub. L. 95–464,

Oct. 17, 1978

, 92 Stat. 1278; Pub. L. 96–118, § 1,

Nov. 16, 1979

, 93 Stat. 859; Pub. L. 97–453, § 14(b)(1),

Jan. 12, 1983

, 96 Stat. 2492; Pub. L. 98–44, title I, § 104,

July 12, 1983

, 97 Stat. 216; Pub. L. 107–372, title III, § 303(b),

Dec. 19, 2002

, 116 Stat. 3095.)

Notes

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 “66⅔ per centum” for “60 per centum”.

1970—Subsec. (a). Pub. L. 91–249, § 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, § 1(b), added subsec. (c).

Short Title of 2002 Amendment

Pub. L. 107–372, title III, § 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, § 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, § 3,

May 14, 1970

, 84 Stat. 214, and renumbered by Pub. L. 96–118, § 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.

§ 757a. Anadromous, Great Lakes, and Lake Champlain fisheries