--- kind: "section" citation: "16 U.S.C. § 3333" title: "16" title_heading: "Conservation" number: "3333" heading: "Program approval" release: "119-102" url: "https://uscodex.org/usc/16/3333" units: - "Chapter 52 — Salmon and Steelhead Conservation and Enhancement" - "Subchapter IV — Commercial Fishing Fleet Adjustment" --- # §3333. Program approval - (a) **Submission for approval—** The [State](/usc/16/6456.md?p=2) shall submit its [program](/usc/16/460ss–6.md?p=1) and submit revisions, modifications, or amendments to the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with standards established pursuant to [section 3332 of this title](/usc/16/3332.md) and in such manner and form as the [Secretary](/usc/16/410r–5.md?p=c-1) shall prescribe. - (b) **Requirements for approval—** Prior to approving such [program](/usc/16/460ss–6.md?p=1) or any revision, modification, or amendment, and authorizing Federal [funds](/usc/16/1421h.md?p=2) to be distributed in accordance with this subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) must find that— - (1) the [State](/usc/16/6456.md?p=2), acting through its chosen agency or agencies, has authority to carry out a commercial and [charter vessel](/usc/16/3302.md?p=2) fleet reduction [program](/usc/16/460ss–6.md?p=1) in accordance with the provisions of this subchapter; - (2) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides that a [fishing](/usc/16/7901.md?p=b) or [charter vessel](/usc/16/3302.md?p=2) may not be purchased by the [State](/usc/16/6456.md?p=2) from other than the [person](/usc/16/450rr–1.md?p=b) who owned the vessel on December 22, 1980; - (3) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) prevents the expenditure of a disproportionate amount of [funds](/usc/16/1421h.md?p=2) available for vessel [acquisition](/usc/16/620e.md?p=1) on vessels owned by any one [person](/usc/16/450rr–1.md?p=b); - (4) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) prohibits the purchase of any [fishing](/usc/16/7901.md?p=b) or [charter vessel](/usc/16/3302.md?p=2) unless all [State](/usc/16/6456.md?p=2) commercial and charter [salmon](/usc/16/3302.md?p=11) [fishing](/usc/16/7901.md?p=b) licenses attached to the vessel are also sold to the [State](/usc/16/6456.md?p=2); - (5) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides that no [person](/usc/16/450rr–1.md?p=b) may purchase from the [State](/usc/16/6456.md?p=2) any vessel which that [person](/usc/16/450rr–1.md?p=b) or a member of that [person](/usc/16/450rr–1.md?p=b)’s immediate family had previously sold to the [State](/usc/16/6456.md?p=2); - (6) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides that no [person](/usc/16/450rr–1.md?p=b) may purchase any vessel sold to the [State](/usc/16/6456.md?p=2) pursuant to the [program](/usc/16/460ss–6.md?p=1) and use such vessel for commercial or charter [salmon](/usc/16/3302.md?p=11) [fishing](/usc/16/7901.md?p=b) in the [Washington conservation area](/usc/16/3302.md?p=17), unless [State](/usc/16/6456.md?p=2) law provides that the use of such vessel could not result in any additional [fishing](/usc/16/7901.md?p=b) effort in the non-Indian [fishing](/usc/16/7901.md?p=b) fleet; - (7) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides for purchase of vessels at their [fair market value](/usc/16/459b–1.md?p=e); - (8) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides for the reduction of [salmon](/usc/16/3302.md?p=11) [fishing](/usc/16/7901.md?p=b) licenses, through purchase of such licenses at their [fair market value](/usc/16/459b–1.md?p=e), and the use of bonuses and schedules, to— - (A) secure an early retirement from the [salmon](/usc/16/3302.md?p=11) [fishery](/usc/16/1383a.md?p=o-1); - (B) recognize productiveness if the commercial harvesters using a gear type wish[^1] that gear type’s specific allocation of [funds](/usc/16/1421h.md?p=2) to recognize productiveness; and - (C) recognize passenger-carrying capacity for [charter fishing](/usc/16/3302.md?p=3) licenses; - (9) the [State](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) provides, with respect to marginally productive commercial [salmon](/usc/16/3302.md?p=11) fishermen, for the purchase of their [salmon](/usc/16/3302.md?p=11) [fishing](/usc/16/7901.md?p=b) licenses, but not their [fishing vessels](/usc/16/3302.md?p=7); - (10) the [State](/usc/16/6456.md?p=2) maintains a moratorium, or similar [program](/usc/16/460ss–6.md?p=1), to preclude the issuance of new commercial or charter [salmon](/usc/16/3302.md?p=11) [fishing](/usc/16/7901.md?p=b) licenses; and - (11) the [State](/usc/16/6456.md?p=2) has established a revolving [fund](/usc/16/1421h.md?p=2) for the operation of the fleet reduction [program](/usc/16/460ss–6.md?p=1) that includes an individual account for each category of [fishing](/usc/16/7901.md?p=b) license (based on type of [fishing](/usc/16/7901.md?p=b) gear used) and that any moneys received by the [State](/usc/16/6456.md?p=2) or its agents from the resale of any [fishing vessel](/usc/16/3302.md?p=7) or gear purchased under the [program](/usc/16/460ss–6.md?p=1) (A) shall be placed in such revolving [fund](/usc/16/1421h.md?p=2), (B) shall, for at least 2 years from the date of the [program](/usc/16/460ss–6.md?p=1)’s inception, be placed in the appropriate individual account, and (C) shall be used exclusively to purchase [commercial fishing](/usc/16/3302.md?p=6) and [charter vessels](/usc/16/3302.md?p=2) and licenses in accordance with the provisions of this subchapter. - (c) **Secretarial action—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall approve such [program](/usc/16/460ss–6.md?p=1) within ninety days of the date of receipt of the [program](/usc/16/460ss–6.md?p=1) if found to be consistent with this chapter and other applicable law. If the [Secretary](/usc/16/410r–5.md?p=c-1) finds that such [program](/usc/16/460ss–6.md?p=1) is not in conformity with the provisions of this chapter or other applicable law, he shall return such [program](/usc/16/460ss–6.md?p=1) to the [State](/usc/16/6456.md?p=2) with recommendations. Any revision, modification, or amendment to the [program](/usc/16/460ss–6.md?p=1) shall be approved within thirty days of receipt unless found to be inconsistent with this chapter or other applicable law. ## Footnotes [^1]: So in original. Probably should be “with”. ## Source credit (Pub. L. 96–561, title I, § 132, Dec. 22, 1980, 94 Stat. 3284.)