16 U.S.C. § 4102 — Definitions

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 Repealed.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 Title note set out below and Tables. AMENDMENTS 2002—Par. (3). Pub. L. 107–372 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–659, title III, § 310, Nov. 14, 1986, 100 Stat. 3736, provided that: ‘‘This title [enacting this chapter and repealing chapter 10D (§ 779 et seq.) of this title] takes effect October 1, 1987.’’ SHORT TITLE Pub. L. 99–659, title III, § 301, Nov. 14, 1986, 100 Stat. 3731, provided that: ‘‘This title [enacting this chapter and repealing chapter 10D (§ 779 et seq.) of this title] may be cited as the ‘Interjurisdictional Fisheries Act of 1986’.’’ § 4102. Definitions For the purposes of this chapter: (1) The term ‘‘Federal fishery management plan’’ means a plan developed under the Mag- nuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1801 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 re- source’’ means— (A) a fishery resource for which a fishery occurs in waters under the jurisdiction of one or more States and the exclusive eco- nomic zone established by Proclamation Numbered 5030, dated March 10, 1983; (B) a fishery resource for which there ex- ists an interstate fishery management plan; or (C) a fishery resource which migrates be- tween 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 during fiscal year 1987, a Federal fishery management plan or an interstate fish- ery management plan for the fishery resource need not be in existence, but a plan of either kind for that resource must be in the develop- ment process during that year. (4) The term ‘‘interstate fishery manage- ment plan’’ means a plan for managing fish- eries developed and adopted by an interstate commission. (5) The term ‘‘interstate commission’’ means a commission or other administrative body es- tablished 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 interjurisdictional fishery resources throughout their range, and consented to and approved by Congress. (7) The term ‘‘project’’ means a program for research in support of the management of an interjurisdictional fishery resource or an interstate cooperative fishery management agreement. (8) The term ‘‘Secretary’’ means the Sec- retary of Commerce. (9) The term ‘‘State’’ means any of the sev- eral States of the United States, the Common- wealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, or the Northern Mar- iana Islands. (10) The term ‘‘State agency’’ means any de- partment, agency, commission, or official of a State authorized under the laws of the State to regulate commercial fisheries or enforce laws relating to commercial fisheries. (Pub. L. 99–659, title III, § 303, Nov. 14, 1986, 100 Stat. 3732; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) 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 Page 2467 TITLE 16—CONSERVATION § 4104 1 See References in Text note below. this chapter. For complete classification of title III to the Code, see Short Title note set out under section 4101 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Proclamation Numbered 5030, referred to in par. (3)(A), is set out under section 1453 of this title. AMENDMENTS 1996—Par. (1). Pub. L. 104–208 substituted ‘‘Magnuson- Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title. § 4103. Apportionment (a) Time when apportionments made Funds appropriated under section 4107(a) 1 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 har- vested by domestic commercial fishermen and received within such State during the 3 most re- cent 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 do- mestic 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 per- cent 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 com- pact; (B) has entered into an agreement with the Secretary or the Secretary of the Interior under which the personnel, services, and equipment of the State and the Federal agen- cy concerned will be made mutually available for the enforcement of Federal and State laws pertaining to the protection of fishery re- sources which are managed under an inter- state fishery management plan; (C) borders one or more of the Great Lakes; or (D) has entered into an interstate coopera- tive fishery management agreement and has in effect an interstate fisheries management or interstate fisheries research program. (4) No State that, under the apportionment formula in subsection (b), has a ratio of less than one-third of one percent and meets any of the requirements set forth in paragraph (1)(A), (B), (C), or (D) may receive an apportionment for any fiscal year which is less than one-half of one percent of the total amount of funds available for apportionment for such fiscal year. (5) No State may receive an apportionment for any fiscal year under this section which is more than 6 percent of the total amount of funds available for apportionment for such fiscal year. (d) Unused apportionments Any part of an apportionment for any fiscal year to any State— (1) that is not obligated during that year; (2) with respect to which the State notifies the Secretary that it does not wish to receive that part; or (3) that is returned to the Secretary by the State, may not be considered to be apportioned to that State and shall be added to such funds as are ap- propriated pursuant to section 4107(a) 1 of this title for the next fiscal year (and shall be treat- ed as having been appropriated for such next year) for apportionment under subsection (a). Any notification or return of funds referred to in paragraph (2) or (3) by a State is irrevocable. (Pub. L. 99–659, title III, § 304, Nov. 14, 1986, 100 Stat. 3733; Pub. L. 101–627, title V, § 501, Nov. 28, 1990, 104 Stat. 4462.) Editorial Notes REFERENCES IN TEXT Section 4107 of this title, referred to in subsecs. (a) and (d), was repealed by Pub. L. 117–328, div. S, title II, § 204(a), Dec. 29, 2022, 136 Stat. 5270. AMENDMENTS 1990—Subsec. (c)(3)(B). Pub. L. 101–627 inserted ‘‘which are managed under an interstate fishery man- agement plan’’ before semicolon at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title. § 4104. State projects (a) In general (1) Any State may, through its State agency or an interstate commission, submit to the Sec-