Collapse to view only § 3332. State program for reduction of overall fishing capacity
- § 3331. Fleet adjustment program
- § 3332. State program for reduction of overall fishing capacity
- § 3333. Program approval
- § 3334. Review of State program by Secretary
- § 3335. Authorization of appropriations
- § 3336. Special provision
§ 3331. Fleet adjustment program
(a) In general
(b) Legal title
(Pub. L. 96–561, title I, § 130, Dec. 22, 1980, 94 Stat. 3283.)
§ 3332. State program for reduction of overall fishing capacity
The State shall submit to the Secretary a program within three months of December 22, 1980, designed to—
(1) provide incentives for early retirement of licenses, or early sale of vessels;
(2) set aside specific allocations of funds for each gear type to achieve the specific fleet reductions provided for in the program;
(3) obtain an effective and expeditious reduction in the overall fishing capacity of and the number of vessels and licenses in the non-Indian commercial and charter salmon fishing fleets in the Washington conservation area; and
(4) provide State funding for 25 per centum of the total cost of the program.
(Pub. L. 96–561, title I, § 131, Dec. 22, 1980, 94 Stat. 3284.)
§ 3333. Program approval
(a) Submission for approval
(b) Requirements for approvalPrior 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
1 So in original. Probably should be “with”.
that gear type’s specific allocation of funds to recognize productiveness; and(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
(Pub. L. 96–561, title I, § 132, Dec. 22, 1980, 94 Stat. 3284.)
§ 3334. Review of State program by Secretary
(a) In general
(b) Action upon finding of noncompliance
(c) Disposition of certain moneys
(Pub. L. 96–561, title I, § 133, Dec. 22, 1980, 94 Stat. 3285.)
§ 3335. Authorization of appropriations
There are authorized to be appropriated to the Secretary, for the purposes of carrying out the provisions of this subchapter, $37,500,000 for the 5-year period beginning October 1, 1981.
(Pub. L. 96–561, title I, § 134, Dec. 22, 1980, 94 Stat. 3285.)
§ 3336. Special provision
On the date the Secretary approves the program under section 3333 of this title, the State shall be treated as having expended such portion of $32,000,000 as the State deems appropriate for purposes of implementing the program.
(Pub. L. 96–561, title I, § 135, Dec. 22, 1980, 94 Stat. 3285.)