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16 U.S.C. § 4101 — Congressional statement of purposes
Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to promote and encourage State activities in support of the management of interjurisdictional fishery resources;
(2) to promote and encourage management of interjurisdictional fishery resources throughout their range; and
(3) to promote and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of interjurisdictional fishery resources throughout their range.
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Source file: Laws/federal/codes/united-states-code/title-16/section-4101-congressional-statement-of-purposes--de119d907e.md
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Source location: Title 16, Chapter 61, § 4101; chapter-061-interjurisdictional-fisheries.md
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The purposes of this chapter are—
(1) to promote and encourage State activities in support of the management of interjurisdictional fishery resources;
(2) to promote and encourage management of interjurisdictional fishery resources throughout their range; and
(3) to promote and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of interjurisdictional fishery resources throughout their range.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
(1) The term “Federal fishery management plan” means a plan developed under the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
(2) The term “fishery resource” means finfish, mollusks, crustaceans, and any other form of marine animal or plant life, other than marine mammals and birds.
(3) The term “interjurisdictional fishery resource” means—
(A) a fishery resource for which a fishery occurs in waters under the jurisdiction of one or more States and the exclusive economic zone established by Proclamation Numbered 5030, dated March 10, 1983;
(B) a fishery resource for which there exists an interstate fishery management plan; or
(C) a fishery resource which migrates between the waters under the jurisdiction of two or more States bordering on the Great Lakes.
For purposes of applying [section 4104(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4104/a/3&num=0&edition=prelim) during fiscal year 1987, a Federal fishery management plan or an interstate fishery management plan for the fishery resource need not be in existence, but a plan of either kind for that resource must be in the development process during that year.
(4) The term “interstate fishery management plan” means a plan for managing fisheries developed and adopted by an interstate commission.
(5) The term “interstate commission” means a commission or other administrative body established by an interstate compact.
(6) The term “interstate compact” means a compact that has been entered into by two or more States, established for the purposes of conserving and managing interjurisd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Time when apportionments made** Funds appropriated under section 4107(a) 11 See References in Text note below. of this title shall be apportioned by the Secretary among the States on October 1 of each fiscal year, or as soon thereafter as practicable.
**(b) Apportionment formula** The amount of funds apportioned to each State shall be determined by the Secretary as the ratio which the equally weighted average of the volume and value of fishery resources harvested by domestic commercial fishermen and received within such State during the 3 most recent calendar years for which data satisfactory to the Secretary are available bears to the total equally weighted average of the volume and value of all fishery resources harvested by domestic commercial fishermen received within all of the States during those calendar years.
**(c) Limitations**
(1) No State may receive an apportionment under subsection (b) for either fiscal year 1987 or fiscal year 1988 which is less than one-half of one percent of the total amount of funds available for that fiscal year.
(2) For any fiscal year after fiscal year 1988, no State that, under the apportionment formula in subsection (b), has a ratio of one-third of one percent or higher may receive an apportionment for any fiscal year which is less than one percent of the total amount of funds available for that fiscal year.
(3) For any fiscal year after fiscal year 1988, no State may receive an apportionment under this section for any fiscal year if that State’s ratio under the apportionment formula in subsection (b) is less than one-third of one percent, unless the State—
(A) is signatory to an interstate fishery compact;
(B) has entered into an agreement with the Secretary or the Secretary of the Interior under which the person
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Any State may, through its State agency or an interstate commission, submit to the Secretary a proposal for a project which includes full plans, specifications, and cost estimates for such project. The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed project shall not exceed 10 percent of the total cost of such works, and shall be paid by the State as a part of its contribution to the total cost of the works.
(2) No part of any funds appropriated under any authorization contained in section 4107 11 See References in Text note below. of this title may be obligated with respect to any project until the proposal for such project has been submitted under paragraph (1) and approved by the Secretary. The Secretary, before approving any proposal for a project, must evaluate the proposal as to—
(A) the soundness of design;
(B) the possibilities of securing productive results;
(C) the minimization of duplication with other research projects in support of the management of interjurisdictional fishery resources and carried out under this chapter or under any other law or regulation;
(D) the organization and management of the project;
(E) the methods proposed for monitoring and evaluating the success or failure of the project;
(F) the consistency of the project with the purposes of this chapter specified in [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4101&num=0&edition=prelim); and
(G) such other criteria as the Secretary may prescribe.
(3) The Federal share of the cost of any project conducted under this chapter shall not exceed 75 percent of the tota
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of Federal and State laws** All work, including the furnishing of labor and materials, needed to complete any project approved by the Secretary shall be performed in accordance with applicable Federal and State laws under the direct supervision of the State agency, and in accordance with regulations as the Secretary may prescribe.
**(b) Title** Title to all property, real and personal, acquired for the purposes of completing any project approved by the Secretary vests in the State.
**(c) Disposal** If a State disposes of any real or personal property acquired under this chapter, the State shall pay into the Treasury of the United States the amount of any proceeds resulting from the property disposed to the extent of and in the same ratio that funds provided under this chapter were used in the acquisition of the property. In no case shall the amount paid into the Treasury of the United States under this section exceed the amount of funds provided by this chapter for the acquisition of the property involved.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4105
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Federal law — U.S. Code and appendices · legal_authorities
After consultation with the States receiving funds under this chapter and with any interstate commission involved in carrying out a project under this chapter, the Secretary shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the end of the fiscal year 1988, and each second fiscal year occurring after that fiscal year, a report which contains—
(1) a description of each project and law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted;
(2) a specification of the total amount of funds from the Federal Government and the total amount of funds from each State spent on each project and a law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted;
(3) an assessment of each project and law enforcement effort receiving funds under this chapter during the last 2 fiscal years ending before such report is submitted to determine whether such project is furthering the purposes of this chapter; and
(4) a statement specifying all funds which have been apportioned pursuant to [section 4104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4104/a&num=0&edition=prelim) and are available for obligation by a State or the Secretary but which have not been obligated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4106
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 779, Pub. L. 88–309, § 2, May 20, 1964, 78 Stat. 197; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 94–273, § 4(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94–485, § 1(1), Oct. 12, 1976, 90 Stat. 2326, defined terms used in this chapter.
Section 779a, Pub. L. 88–309, § 3, May 20, 1964, 78 Stat. 197; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to cooperation with States on projects for the research and development of commercial fisheries resources, joint projects between States, consent to interstate compacts, and reservation of right to alter, amend or repeal consent.
Section 779b, Pub. L. 88–309, § 4, May 20, 1964, 78 Stat. 197; Pub. L. 90–551, §§ 1–3, Oct. 4, 1968, 82 Stat. 957; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 92–590, §§ 1–3, Oct. 27, 1972, 86 Stat. 1303; Pub. L. 95–53, June 22, 1977, 91 Stat. 249; Pub. L. 96–262, § 1, June 5, 1980, 94 Stat. 437; Pub. L. 97–389, title I, § 101, Dec. 29, 1982, 96 Stat. 1949, authorized appropriations to carry out this chapter.
Section 779c, Pub. L. 88–309, § 5, May 20, 1964, 78 Stat. 198; Pub. L. 94–273, § 3(3), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–485, § 1(2), (3), Oct. 12, 1976, 90 Stat. 2326, provided for apportionment among States of funds appropriated under former [section 779b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section779b&num=0&edition=prelim).
Section 779d, Pub. L. 88–309, § 6, May 20, 1964, 78 Stat. 198; Pub. L. 94–485, § 1(4), Oct. 12, 1976, 90 Stat. 2326, provided for approval of projects for funding, and payment of benefits, under this chapter.
Section 779e, Pub. L. 88–309, § 7, May 20, 1964, 78 Stat. 199, related to workin
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 779 to 779f
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Federal law — U.S. Code and appendices · legal_authorities
Page 2466
TITLE 16—CONSERVATION
§ 4101
the Secretary may invoke the aid of any court
of the United States within the jurisdiction of
which such investigation or proceeding is car-
ried on, or where such person resides or has his
business, to require the attendance and testi-
mony of witnesses and the production of books,
papers, and documents. Such court may issue an
order requiring such person to appear before the
Secretary to produce records or to give testi-
mony relating to the matter under investiga-
tion.
(Pub. L. 99–659, title II, § 218, Nov. 14, 1986, 100
Stat. 3731.)
CHAPTER 61—INTERJURISDICTIONAL
FISHERIES
Sec.
4101.
Congressional statement of purposes.
4102.
Definitions.
4103.
Apportionment.
4104.
State projects.
4105.
Property.
4106.
Reports to Congress.
4107.
Repealed.
§ 4101. Congressional statement of purposes
The purposes of this chapter are—
(1) to promote and encourage State activi-
ties in support of the management of inter-
jurisdictional fishery resources;
(2) to promote and encourage management
of
interjurisdictional
fishery
resources
throughout their range; and
(3) to promote and encourage research in
preparation for the implementation of the use
of ecosystems and interspecies approaches to
the conservation and management of inter-
jurisdictional fishery resources throughout
their range.
(Pub. L. 99–659, title III, § 302, Nov. 14, 1986, 100
Stat. 3732; Pub. L. 107–372, title III, § 302(b), Dec.
19, 2002, 116 Stat. 3095.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title III of Pub. L. 99–659, Nov. 14,
1986, 100 Stat. 3731, which is classified principally to
this chapter. For complete classification of title III to
the Code, see Short
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4101
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