An act to provide for the conservation and enhancement of the salmon and steelhead resources of the United States, assistance to treaty and nontreaty harvesters of those resources, and for other purposes.
PL 96-561 (S.2163), enacted 12/22/1980

PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3275 
Public Law 96-
96th Congress 
-561 
An Act 
To provide for the conservation and enhancement of the salmon and steelhead 
resources of the United States, assistance to treaty and nontreaty harvesters of 
those resources, and for other purposes. 
Be it enacted by the Senate and the House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—CONSERVATION AND ENHANCEMENT OF SALMON 
AND STEELHEAD RESOURCES 
PART A—GENERAL PROVISIONS 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Salmon and Steelhead Conservation 
and Enhancement Act of 1980". 
SEC. 102. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress fmds and declares the following: 
(1) The stocks of salmon and steelhead which originate in the 
rivers of the conservation areas constitute valuable and renew-
able natural resources. Many groups of commercial, recreational, 
and treaty fishermen have historically depended upon these 
stocks of fish for their livelihoods and avocations. These fishery 
resources contribute to the food supply and economic health of 
the Pacific Northwest and the Nation "as a whole, provide 
valuable recreational experiences for thousands of citizens from 
various parts of the United States, and represent a central 
element of the cultures and economies of Indian tribes and the 
citizens of the Pacific Northwest. 
(2) Over a period of several decades, competing uses of salmon 
and steelhead habitat and historical problems relating to conser-
vation measures, the regulation of harvest and enhancement 
have depressed several of these stocks of salmon and steelhead. 
(3) Improved management and enhancement planning and 
coordination among salmon and steelhead managers will help 
prevent a further decline of salmon and steelhead stocks and will 
assist in increasing the supply of these stocks. 
(4) Due in principal part to the Federal court decisions in the 
United States against Washington and Sohappy against Smith, 
the fishing capacity of nontreaty fishermen in the conservation 
areas established by this title exceeds that required to harvest 
the available salmon resources. This excess capacity causes 
severe economic problems for these fishermen. 
(5) The supply of salmon and steelhead can be increased 
through carefully planned enhancement measures designed to 
improve the survival of stocks and to augment the production of 
artificially propagated stocks. By careful choice of species, areas, 
Dec. 22, 1980 
[S. 2163] 
U.S. salmon and 
steelhead 
resources, 
conservation. 
Salmon and 
Steelhead 
Conservation 
and 
Enhancement 
Act of 1980. 
16 u s e 3301 
note. 
16 u s e 3301. 
94 STAT. 3276 
PUBLIC LAW 96-561—DEC. 22, 1980 
and stocking procedures, enhancement programs can be used 
to— 
(A) improve the distribution of fish among different groups 
of treaty and nontreaty fishermen; and 
(B) add stability to the treaty and nontreaty fisheries by 
reducing variations in fish availability. 
(b) PURPOSES.—In order to assist the harvestei^ of the salmon and 
steelhead resources within the Columbia River conservation area and 
the Washington conservation area established by this title to over-
come temporary dislocations arising from the decisions in the cases of 
United States against Washington and Sohappy against Smith and 
from other causes, this title authorizes tne establishment of a 
cooperative program involving the United States, the States of 
Washington and Oregon, the treaty tribes acting through the appro-
priate tribal coordinating bodies, and other parties, to— 
(1) encourage stability in and promote the economic well being 
of the treaty and nontreaty commercial fishing and charter 
fishing industries and improve the distribution of fishing power 
between treaty and nontreaty fisheries through— 
(A) the purchase of nontreaty commercial and charter 
fishing vessels, gear, and licenses; and 
(B) coordinated research, enhancement, and management 
of salmon and steelhead resources and habitat; and 
(2) improve the quality of, and maintain the opportunities for, 
salmon and steelhead recreational fishing. 
16 use 3302. 
SEC. 103. DEFINITIONS. 
As used in this title— 
(1) The term "appropriate tribal coordinating body" means the 
Columbia River tribal coordinating body or the Washington 
tribal coordinating body, as the context requires. 
(2) The term "charter vessel" means any vessel licensed by the 
State to carry passengers for hire for the purpose of recreational 
salmon fishing. 
(3) The term "charter fishing" means fishing undertaken 
aboard charter vessels. 
(4) The term "Columbia River conservation area" means— 
(A) all habitat within the Columbia River drainage basin; 
and 
(B) those areas in— 
(i) the fishery conservation zone over which the 
Pacific Fishery Management Council has jurisdiction, 
and 
(ii) the territorial seas of Oregon and Washington, 
in which one or more stocks that originate in the habitat 
describe in subparagraph (A) migrate. 
(5) The term "Columbia River tribal coordinating body" means 
the organization duly authorized by those treaty tribes of the 
Columbia River drainage basin to coordinate activities for them 
for purposes of this title. 
(6) The term "commercial fishing" means fishing for the 
purpose of sale or barter. 
(7) The term "commercial fishing vessel" or "fishing vessel" 
means any vessel, boat, ship, or other craft which is licensed for, 
and used for, equipped to be used for, or of a type which is 
normally used for, commercial salmon fishing. 
(8) The term "enhancement" means projects undertaken to 
increase the production of naturally spawning or artificially 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3277 
propagated stocks of salmon or steelhead, or to protect, conserve, 
or improve the habitat of such stocks. 
(9) The term "habitat" means those portions of the land or 
water, including the constituent elements thereof, (A) which 
salmon or steelhead occupy at any time during their life cycle, or 
(B) which affect the salmon or steelhead resources. 
(10) The term "recreational fishing" means fishing for per-
sonal use and enjoyment using conventional angling gear, and 
not for sale or barter. 
(11) The term "salmon" means any anadromous species of the 
family Salmonidae and Genus Oncorhynchus, commonly known 
as Pacific salmon. 
(12) The term "salmon or steelhead resource" means any stock 
of salmon or steelhead. 
(13) The term "steelhead" means the anadromous rainbow 
trout species Salmo gairdneri, commonly known as steelhead. 
(14) The term "stock" means a species, subspecies, race, geo-
graphical grouping, run, or other category of salmon or steel-
head. 
(15) The term "treaty" means any treaty between the United 
States and any treaty tribe that relates to the reserved right of 
such tribe to harvest salmon and steelhead within the Washing-
ton or Columbia River conservation areas. 
(16) The term "treaty tribe" means any Indian tribe recognized 
by the United States Government, with usual and accustomed 
fishing grounds in the Washington or Columbia River conserva-
tion areas, whose fishing right under a treaty has been recog-
nized by a Federal court. 
(17) The term "Washington conservation area" means all 
salmon and steelhead habitat within the State of Washington 
except for the Columbia River drainage basin, and in the fishery 
conservation zone adjacent to the State of Washington which is 
subject to the jurisdiction of the United States. 
(18) The term "Washington tribal coordinating body" means 
the organization duly authorized by the treaty tribes of the 
Washington conservation area to coordinate their activities for 
them for the purposes of this title. 
PART B—COORDINATED MANAGEMENT OF SALMON AND STEELHEAI^ 
SEC. 110. ESTABLISHMENT AND FUNCTIONS OF SALMON AND STEELHEAD 16 USC 3311. 
ADVISORY COMMISSION. 
(a) ESTABLISHMENT.—Within 90 days after the date of the enact-
ment of this Act, the Secretary of Commerce (hereinafter in this part 
referred to as the "Secretary") shall establish the Salmon and 
Steelhead Advisory Commission (hereinafter referred to in this title 
as the "Commission"), which shall consist of one voting member from 
each of the following: 
(1) The State of Washington. 
(2) The State of Oregon. 
(3) The Washington tribal coordinating body. 
(4) The Columbia River tribal coordinating body. 
(5) The Pacific Fishery Management Council. 
(6) The National Marine Fisheries Service. 
(b) MEMBERSHIP.—(1) The voting representatives shall be appointed 
by the Secretary from a list of qualified individuals submitted by the 
Governor of each applicable State, by each appropriate tribal coordi-
nating body, and by the Pacific Fishery Management Council. The 
94 STAT. 3278 
PUBLIC LAW 96-561—DEC. 22, 1980 
"Qualified 
individual.' 
Approval. 
representative for the National Marine Fisheries Service shall be the 
Northwest regional director of 
the Service or his designee. 
(2) The Commission shall have 6 nonvoting members, 5 of which 
shall be qualified individuals appointed by the Secretary. The sixth 
nonvoting member shall be the regional director of the United States 
Fish and Wildlife Service or his designee. 
(3) For the purposes of this subsection, the term "qualified individ-
ual" means an individual who is knowledgeable with regard to the 
management, conservation, or harvesting of the salmon and steel-
head resources of 
the conservation areas. 
(c) REPORT BY COMMISSION.—Within 15 months after the date of the 
establishment of the Commission, it shall prepare, and submit to the 
Secretary and Congress, a comprehensive report containing conclu-
sions, comments, and recommendations for the development of a 
management structure (including effective procedures, mechanisms, 
and institutional arrangements) for the effective coordination of 
research, enhancement, management, and enforcement policies for 
the salmon and steelhead resources of the Columbia River and 
Washington conservation areas, and for the resolution of disputes 
between management entities that are concerned with stocks of 
common interest. The principal objectives of, and the standards for, 
the management structure shall include, but not be limited to— 
(1) the development of common principles to govern and 
coordinate effectively management and enhancement activities; 
(2) the prevention of overfishing; 
(3) the use of the best scientific information available; 
(4) the consideration of, and allowance for, variations among, 
and contingencies in, fisheries and catches; 
(5) the promotion of harvest strategies and regulations which 
will encourage continued and increased investment by the 
salmon and steelhead producing jurisdictions; 
(6) the optimization of the use of resources for enforcement; 
(7) the consideration of harvest activities as they relate to 
existing and future international commitments; 
(8) the minimization of costs and the avoidance of unnecessary 
duplication; and 
(9) the harvest of fish by treaty tribes, in accordance with 
treaty rights, unless agreed otherwise by the affected treaty 
tribes. 
(d) UNANIMOUS VOTE REQUIRED.—No report or revision thereto 
may be submitted by the Commission to the Secretary for approval 
under this section unless the report or revision is approved by all of 
the voting members of the Commission. 
(e) SECRETARIAL ACTION ON REPORT.—Within 4 months after the 
date of the submission of the comprehensive report, or any revision 
thereto, under subsection (c), the Secretary, in consultation with the 
Secretary of the Interior, shall review the report and, if he finds that 
the management structure recommended in the report would, if 
implemented, meet the objectives and standards specified in this 
section and be consistent with this title, approve the report. If the 
Secretary, in consultation with the Secretary of the Interior, finds 
that such structure is not in conformity with the standards and 
objectives set forth in this section, the provisions of this title, or other 
applicable law, he shall return the report to the Commission together 
with a written statement of the reasons for not approving the report. 
If the Commission submits a revised report to the Secretary within 2 
months after the date of return, the Secretary shall approve the 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3279 
report if he finds that the objections on which the prior disapproval 
was based are overcome. 
(f) PER DIEM AND TRAVEL ALLOWANCES.—The members of 
the 
Commission (other than those who are full-time employees of the 
Federal or a State government), while away from their homes or 
regular places of business for purposes of carrying out their duties as 
members, shall be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by law for persons intermittently 
employed in Government service. 
(g) ADMINISTRATIVE SUPPORT.—The Secretary shall provide such 
clerical and technical support as may be necessary to enable the 
Commission to carry out its functions. 
(h) TERMINATION OF COMMISSION.—Unless otherwise agreed to by 
the voting members of the Commission and approved by the Secre-
tary, the Commission shall terminate upon the Secretary's approval 
of the Commission's report pursuant to subsection (e). 
SEC. i n . PRECONDITION FOR ELIGIBILITY FOR ASSISTANCE UNDER 16 USC 3312. 
PART C. 
Upon approval by the Secretary of the Commission's report under 
section 110, a State represented by a voting member on the Commis-
sion and any treaty tribe represented by a tribal coordinating body 
shall be eligible for financial assistance under part C if the State or 
treaty tribe enters into an agreement with the Secretary under which 
that State or treaty tribe obligates itself— 
(1) to implement and enforce the provisions of the report and 
revisions thereto, through laws, regulations, ordinances, or other 
appropriate means, within such geographical areas and with 
respect to such persons as may be subject to its jurisdiction and to 
the extent of its enforcement power; and 
(2) to engage in such coordination and consultation as may be 
necessary or appropriate to ensure, to the maximum extent 
practicable, that the report and revisions thereto are fully and 
effectively implemented. 
SEC. 112. COORDINATION GRANTS. 
16 USC 3313. 
The Secretary, in consultation with the Secretary of the Interior, is 
authorized to establish a program to provide grants to prepare 
reports and plans provided for in parts B and C in order to promote 
coordinated research, enforcement, enhancement, and management 
of the salmon and steelhead resources within the Washington and 
Columbia River conservation areas consistent with the purposes of 
this title. Such grants shall be available for use by the State of 
Washington, the State of Oregon, appropriate tribal coordinating 
bodies, or any joint governmental entity established for undertaking 
research, or providing advice on or mechanisms for coordinating 
management or enforcement, or preparing the reports and plans 
described in parts B and C. 
SEC. 113. DISCONTINUANCE OF ASSISTANCE UNDER PARTS B AND C. 
16 USC 3314. 
If the Secretary finds that as of the close of the 18th month after 
secretarial approval of the Commission report under section 110(e), 
the number of parties which have adopted and implemented the 
Commission's management program in accordance with the provi-
sions of this title and the report is insufficient to ensure that the 
management structure is effective and consistent with the standards 
and objectives in section 110(c), he shall discontinue any further 
funding under part B or C of this title. 
94 STAT. 3280 
PUBLIC LAW 96-561—DEC. 22, 1980 
16 use 3315. 
SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary for the 
purposes of carrying out the provisions of this part in fiscal years 
commencing after September 30, 1981, an aggregate amount of 
$3,000,000. Funds appropriated pursuant to this section remain 
available to the Secretary until expended. 
PART C—RESOURCE ENHANCEMENT 
16 use 3321. 
SEC. 120. GRANTS FOR PROJECTS UNDER APPROVED ENHANCEMENT 
PLANS. 
(a) AUTHORITY.—The Secretary of the Interior (hereinafter referred 
to in this part as the "Secretary '), in consultation with the Secretary 
of Commerce, is authorized to establish a program to provide grants 
for projects for the enhancement of the salmon and steelhead 
resources of the Washington conservation area and the Columbia 
River conservation area. 
(b) PLANS.—Any such project in the Washington conservation area 
must be in accordance with a comprehensive enhancement plan 
developed and agreed to by the State of Washington and the Wash-
ington tribal coordinating body within 18 months after the date of 
enactment of this title. Any enhancement project in the Columbia 
River conservation area must be in accordance with a comprehensive 
enhancement plan developed and agreed to by the State of Washing-
ton, the State of Oregon, and the Columbia River tribal coordinating 
body within 18 months after the date of enactment of this title. Such 
plans must be approved by the Secretary, in consultation with the 
Secretary of Commerce, as provided in this part. The States shall 
solicit and consider the comments and views of interested commercial 
and recreational fishermen, and other interested parties, in develop-
ing the comprehensive enhancement plan. 
(c) SCOPE.—Each comprehensive enhancement plan, and any revi-
sions, or modifications of such plan, shall describe all enhancement 
projects in the conservation area, and associated stocking policies 
(when relevant), including any related research necessary to such 
enhancement anticipated by the States and the treaty tribes (acting 
through the appropriate tribal coordinating body) for a period of at 
least 5 years. 
(d) STANDARDS.—Each comprehensive enhancement plan shall 
include such standards, restrictions, or conditions as are necessary, to 
assure that any project included in the plans contributes to the 
balanced and integrated development of the salmon and steelhead 
resources of the area. Such standards shall include, but not be limited 
to, provisions designed to— 
(1) assure that all commercial and recreational fishermen and 
the treaty tribes shall have a reasonable opportunity to partici-
pate in the benefits, considered as a whole, of the salmon and 
steelhead resources development; 
(2) minimize, to the extent practicable, significant adverse 
interaction between naturally spawning and artifically propa-
gated stQcks; 
(3) ensure that all projects included within the plan are 
designed to complement the contribution of sound State, Federal, 
and tribal enhancement activities; 
(4) ensure that all projects included within the plan are 
economically and biologically sound and supported by adequate 
scientific research; 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3281 
(5) assure that all projects included within the plan achieve 
significant benefits relative to the overall cost of each such 
project; 
(6) consider the effect of enhancement activities as they relate 
to existing and future international commitments; and 
(7) notwithstanding any of the above measures, provide for the 
harvest of fish by treaty tribes in accordance with treaty rights, 
unless agreed otherwise by the affected treaty tribes. 
(e) APPROVAL.—(1) The Secretary, in consultation with the Secre-
tary of Commerce, shall review each comprehensive enhancement 
plan and approve such plan within 120 days of the date of its receipt, 
if found to be consistent with this title and other applicable law. If the 
Secretary, in consultation with the Secretary of Commerce, finds that 
a plan is not in conformity with the provisions of this title or other 
applicable law, he shall return such plan to the State of Washin^on 
or the State of Oregon, or both, as appropriate, and the appropriate 
tribal coordinating body with recommendations. 
(2) Upon receiving such a plan, the Secretary, in consultation with 
the Secretary of Commerce, shall— 
(A) publish a notice in the Federal Register of the availability Publication in 
of the plan; 
Federal^ 
(B) provide a copy of the plan to the Pacific Fishery Manage-
ment Council and, upon request, to any other interested person 
or group, and solicit and consider the comments and views of 
such persons or groups with respect to the plan; 
(C) undertake a biological and technical review of the plan, in 
consultation with individuals who are knowledgeable with 
regard to the management, conservation, enhancement, and 
harvest of the salmon and steelhead resources of the area; 
(D) provide a copy of the plan to and consult with the Secretary 
of State and the Secretary of Commerce, with respect to the 
effect of 
such plan on any international fisheries; and 
(E) determine whether the State of Washington or the State of 
Oregon, as appropriate, and the treaty tribes, acting through 
their chosen agency or agencies, have the authority to carry out 
the plan in accordance with this title, and in accordance with 
standards included within the plan. 
(3) The Secretary, in consultation with the Secretary of Commerce, 
shall not approve a comprehensive enhancement plan unless the 
State of Washington or the State of Oregon, or both, as appropriate, 
and the treaty tribes, acting through the appropriate tribal coordinat-
ing body, agree not to undertake any salmon or steelhead enhance-
ment project, using funds provided pursuant to this part or otherwise, 
that would be inconsistent with the plan. 
(4) The Secretary may not approve a comprehensive plan unless the 
Secretary of Commerce concurs that such plan satisfactorily complies 
with standards (1), (6), and (7) of subsection (d) of this section. 
(f) REVIEW, MODIFICATION, OR REVISIONS.—Each comprehensive 
enhancement plan shall be reviewed periodically. The Secretary, the 
Secretary of 
Commerce, the State of Washington, the State of 
Oregon, 
or the appropriate tribal coordinating body may request a review, 
modification, or revision of a plan at any time. Any revision or 
modification of a plan, developed and agreed to by the State of 
Washington or the State of Oregon, as appropriate, and the appropri-
ate tribal coordinating body, shall be approved by the Secretary, in 
consultation with the Secretary of Commerce, within 45 days of 
receipt of the proposed revision or modification, if such revision or 
modification is in conformity with this title and other applicable law. 
94 STAT. 3282 
PUBLIC LAW 96-561—DEC. 22, 1980 
The Secretary, in consultation with the Secretary of Commerce, may 
withdraw approval of a plan if he finds that (1) the plan or its 
implementation is not consistent with this title, and (2) no modifica-
tion or revision has been agreed to by the State of Washington or the 
State of Oregon, as appropriate, and the appropriate tribal coordinat-
ing body to correct any such inconsistencies. 
16 use 3322. 
SEC. 121. ENHANCEMENT PROJECTS. 
After the approval of a comprehensive enhancement plan, the 
State of Washington, the State of Oregon, or a treaty tribe acting 
through the appropriate tribal coordinating body may submit project 
proposals to the Secretary in such manner and form as the Secretary 
shall prescribe. Such application shall include, but not be limited to— 
(1) plans, specifications, and cost estimates of the proposed 
enhancement project, including estimates of both the capital 
construction costs of the project and the operation and mainte-
nance costs after commencement of the project; 
(2) the enhancement goals that are sought to be achieved by 
the proposed project, including, but not limited to— 
(A) a description of the affected stock; 
(B) an analysis of the expected impacts on the salmon and 
steelhead resource; and 
(C) a projection of the expected impacts on each type of 
commercial, recreational and treaty Indian fishing; 
(3) evidence that the State of Washington, the State of Oregon, 
or the treaty tribe, acting through its chosen agency or agencies, 
has obtained or is likely to obtain any necessary titles to, 
interests in, rights-of-way over, or licenses covering the use of the 
relevant land; 
(4) an analysis of, and supporting data for, the economic and 
biological integrity and viability of the project; 
(5) such other information as the Secretary, in consultation 
with the Secretary of Commerce, determines is necessary to 
assure that the proposed project is consistent with the approved 
enhancement plan and the provisions of this title; and 
(6) after approval of the Commission's report pursuant to 
section 110 of this title, documentation that the appropriate 
State or treaty tribe submitting or undertaking the project 
proposal has adopted and begun all necessary implementation of 
the Commission's management program. 
16 use 3323. 
SEC. 122. APPROVAL AND FUNDING OF PROJECTS. 
(a) IN GENERAL.—The Secretary, in consultation with the Secretary 
of Commerce, may approve any project that is consistent with an 
approved enhancement plan and the provisions of this title, and shall 
promptly notify- the States, the treaty tribes and, upon request, any 
other interested party of the approval of a project and the amount of 
funding made available under this title for such project, 
(b) LIMITATIONS ON FEDERAL SHARE.—The total Federal share of all 
enhancement projects funded annually by this section shall not 
exceed 50 percent of the total amount expended for such projects, 
except that this limitation shall not apply to projects proposed by 
treaty tribes acting through the appropriate tribal coordinating body. 
A State share may include both real and personal property. Title to, 
or other interest in, such property shall remain within the State. The 
State of Washington shall be treated on the date of the enactment of 
this title as having expended $32,000,000 (reduced by the amount 
treated as expended by the State under section 135 of this title) on 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3283 
enhancement projects set forth in the plan which are eligible for 
assistance under this title. The Federal share shall be paid in such 
amounts and at such times as the Secretary deems appropriate, 
consistent with this title and the goals of the comprehensive plan. 
SEC. 123. REVIEW OF ENHANCEMENT PROJECTS. 
16 USC 3324. 
The Secretary, in cooperation with the Secretary of Commerce, 
shall establish, in consultation with the State of Washington, the 
State of Oregon, and the appropriate tribal coordinating body, a 
system to monitor and evaluate on a continuing basis all enhance-
ment projects for which funds have been distributed under this part, 
and may discontinue or suspend distribution of all or part of the 
funds if any project is not being carried out in a manner consistent 
with the comprehensive enhancement plan concerned and this title. 
Each recipient of a grant under this part shall make available to the 
Secretary and to the Comptroller General of the United States for 
purposes of audit and examination, any book, document, paper, and 
record that is pertinent to the funds received under the grant. 
SEC. 124. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 3325. 
(a) SALMON ENHANCEMENT.—For purposes of carrying out the 
provisions of this part for salmon enhancement (including, but not 
limited to, the operation and maintenance of enhancement facilities) 
there are authorized to be appropriated not to exceed $45,000,000 for 
the ten-year period beginning on October 1,1982, for the Washington 
conservation area, and not to exceed $25,000,000 for the ten-year 
period beginning on such date for the Columbia River conservation 
area. 
(b) STEELHEAD ENHANCEMENT.—In addition to the amounts author-
ized under subsection (a), there are authorized to be appropriated to 
carry out steelhead enhancement projects under this part (including, 
but not limited to, operation and maintenance of enhancement 
facilities) not to exceed $7,000,000 for the ten-year period beginning 
on October 1,1982, for the Washington conservation area; and not to 
exceed $7,000,000 for the ten-year period beginning on such date for 
the Columbia River conservation area. 
(c) LIMITATION.—No moneys appropriated pursuant to subsection 
(a) or (b) may be used for the operation and maintenance of enhance-
ment programs and related facilities as they existed on or before the 
date of the approval by the Secretary under section 120 of the 
enhancement plan for the conservation area concerned. 
PART D—COMMERCIAL FISHING FLEET ADJUSTMENT 
SEC. 130. FLEET ADJUSTMENT PROGRAM. 
16 USC 3331. 
(a) IN GENERAL.—The Secretary of Commerce (hereinafter referred 
to in this part as the "Secretary"), upon approval of a program 
submitted pursuant to section 132 of this part, is authorized to 
distribute Federal funds to the State of Washington (hereinafter in 
this part referred to as the "State"), subject to the standards, 
conditions, and restrictions set forth in this part, for the purchase of 
commercial fishing and charter vessels (including the associated 
fishing gear) and licenses by the State in accordance with the 
provisions of this part. The Federal share payable under this part 
shall not exceed 75 percent of the total cost of the program. 
(b) LEGAL TITLE.—Title to any vessel or other personal property 
purchased under a State program approved by the Secretary in 
accordance with the provisions of this part shall vest upon purchase 
94 STAT. 3284 
PUBLIC LAW 96-561—DEC. 22, 1980 
in the State. If the State sells such vessels or other property, title may 
pass in accordance with such sale. 
16 u s e 3332. 
SEC. 131. STANDARDS. 
The State shall submit to the Secretary a program within three 
months of the date of enactment of this title 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. 
16 use 3333. 
SEC. 132. PROGRAM APPROVAL. 
(a) SUBMISSION FOR APPROVAL.—The State shall submit its program 
and submit revisions, modifications, or amendments to the Secretary 
in accordance with standards established pursuant to section 131 and 
in such manner and form as the Secretary shall prescribe. 
(b) REQUIREMENTS FOR APPROVAL.—Prior to approving such pro-
gram or any revision, modification, or amendment, and authorizing 
Federal funds to be distributed in accordance with this part, 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 part; 
(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 the date of the enactment of this title; 
(3) the State program prevents the expenditure of a dispropor-
tionate 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 Washing-
ton 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 that gear type's specific allocation of 
funds to recognize productiveness; and 
(C) recognize passenger-carrying capacity for charter fish-
ing licenses; 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3285 
(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 oper- Revolving fund. 
ation of the fleet reduction program that includes an individual 
account for each category of &hing license (based on type of 
fishing gear used) ajid 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 part. 
(c) SECRETARIAL ACTION.—The Secretary shall approve such pro-
gram within ninety days of the date of receipt of the program if found 
to be consistent with this title and other applicable law. If the 
Secretary finds that such program is not in conformity with the 
provisions of this title or other applicable law, he shall return such 
program to the State with recommendations. Any revision, modifica-
tion, or amendment to the program shall be approved within thirty 
days of receipt unless found to be inconsistent with this title or other 
applicable law. 
SEC. 133. REVIEW BY SECRETARY. 
16 USC 3334. 
(a) IN GENERAL.—The Secretary shall conduct a continuing review 
of the State program to determine whether the program remains 
consistent with this title or other applicable law. Such review shall 
include a biennial audit of the records of the State program. 
(b) ACTION UPON FINDING OF NONCOMPUANCE.—If the Secretary 
finds that the program or the administration thereof is no longer in 
compliance with this part, he shall reduce or discontinue distribution 
of funds under this part, or take other appropriate action. 
(c) DISPOSITION OF CERTAIN MONEYS.—If the Secretary finds that 
any money provided to the State or obtained by the State from the 
resale of any fishing or charter vessel purchased under the program 
is not being used in accordance with the provisions of this part, the 
Secretary shall recover from the fund, and place in the United States 
Treasury, such moneys. 
SEC. 134. AUTHORIZATION OP APPROPRIATIONS. 
16 USC 3335. 
There are authorized to be appropriated to the Secretary, for the 
purposes of carrying out the provisions of this part, $37,500,000 for 
the 5-year period beginning October 1,1981. 
SEC. 135. SPECIAL PROVISION. 
16 USC 3336. 
On the date the Secretary approves the program under section 132, 
the State shall be treated as having expended such portion of 
$32,000,000 as the State deems appropriate for purposes of imple-
menting the program. 
79-194 O—81—pt. 3 
41: QL3 
94 STAT. 3286 
PUBLIC LAW 96-561—DEC. 22, 1980 
PART E—MISCELLANEOUS 
16 u s e 3341. 
SEC. 140. REGULATIONS. 
The Secretary of Commerce and the Secretary of the Interior may 
each promulgate such regulations, in accordance with section 553 of 
title 5, United States Code, as may be necessary to carry out his 
functions under this title. 
16 u s e 3342. 
SEC. 141. REPORTS AND MONITORING. 
(a) REPORTS.—The State of Washington, the State of Oregon, and 
the appropriate tribal coordinating bodies shall submit to the appro-
priate Secretary an annual report on the status of the programs 
authorized by this title or any other relevant report requested by 
such Secretary. 
(b) MONITORING.—After the 18-month period after approval of the 
report of the Salmon and Steelhead Advisory Commission under Part 
B, the Secretary of Commerce shall establish a system to monitor and 
evaluate on a continuing basis whether the management program set 
forth in the report is being effectively implemented. If at any time 
after the monitoring system is established, the Secretary finds that— 
(1) the number of parties referred to in section 113 has been 
reduced to the extent that such program cannot be implemented 
effectively; or 
(2) the general implementation of the program is ineffective; 
the Secretary shall immediately discontinue any further funding 
under part C. 
16 u s e 3343. 
SEC. 142. RELATIONSHIP TO PROVISIONS OF FISHERY CONSERVATION 
AND MANAGEMENT ACT OF 1976. 
(a) CONSISTENCY.—Nothing in this title shall be construed as 
affecting the provisions of title III of the Fishery Conservation and 
16 use 1851. 
Management Act of 1976 as it applies with respect to fishery manage-
ment plans and their application to any fishery, except that the 
Pacific Fishery Management Council shall ensure that existing and 
future fishery management plans are consistent with any recom-
mended program approved under section 110 and any enhancement 
plan under part C. 
(b) FLEET MOBILITY.—The Secretary of Commerce in coordination 
with the Pacific Fishery Management Council in its salmon manage-
ment plan shall ensure that the fishing effort reduction that results 
from the fleet adjustment program of part D and the license morato-
rium of the State of Washington is not replaced by new fishing effort 
from outside such State. 
16 u s e 3344. 
SEC. 143. RELATION TO OTHER LAWS. 
Nothing in this title shall be construed— 
(1) to diminish Federal, State, or tribal jurisdiction, responsi-
bility, or rights in the field of resource enhancement and man-
agement, or control of water resources, submerged lands, or 
navigable waters; nor to limit the authority of Congress to 
authorize and fund projects; or 
(2) as superseding, modifying, or repealing any existing appli-
cable law, except as provided for in section 143 of this title. 
16 u s e 3345. 
SEC. 144. AUTHORIZATION OF ADDITIONAL APPROPRIATION. 
In addition to other authorizations of appropriations contained in 
this title, there are authorized to be appropriated to the Secretary of 
Commerce beginning October 1, 1981, an amount not to exceed 
$5,000,000 for the purpose of developing fisheries port facilities in the 
94 STAT. 3288 
PUBLIC LAW 96-561—DEC. 22, 1980 
"(ii) citizens of the United States must own not less 
than 75 percent of the interest in the entity or, in the 
case of a nonprofit entity, exercise control in the entity 
that is determined by the Secretary to be the equivalent 
of such ownership, and 
"(iii) nationals of the United States and citizens of the 
Northern Mariana Islands shall be treated as citizens of 
the United States in meeting the ownership and control 
requirements referred to in clause (ii). 
"(2) The term 'Secretary' means the Secretary of Commerce. 
"(3) The term 'State' means any State, the District of Colum-
bia, the Commonwealth of Puerto Rico, American Samoa, the 
Virgin Islands of the United States, Guam, the Northern Mari-
ana Islands, and any other Commonwealth, territory, or posses-
sion of the United States. 
"(4) The term 'United States fishery' means any fishery, 
including any tuna fishery, that is, or may be, engaged in by 
citizens or nationals of the United States or citizens of the 
Northern Mariana Islands. 
"(5) The term 'citizen of the Northern Mariana Islands' 
means— 
"(A) an individual who qualifies as such under section 8 of 
the Schedule on Transitional Matters attached to the Consti-
tution of the Northern Mariana Islands; or 
"(B) a corporation, partnership, association, or other 
entity organized or existing under the laws of the Northern 
Mariana Islands, not less than 75 percent of the interest in 
which is owned by individuals referred to in subparagraph 
(A) or citizens or nationals of the United States, in cases in 
which 'owned' is used in the same sense as in section 2 of the 
Shipping Act, 1916 (46 U.S.C. 802)."; 
(4) by amending subsection Ot)) (as so redesignated)— 
(i) by inserting "FUND.—" immediately after "O^)" and 
before the first word of such subsection, 
(ii) by striking out "Secretary of the Interior" the first 
place it appears therein and inserting in lieu thereof "Secre-
tary", 
(iii) by striking out "and used by the Secretary of the 
Interior" and inserting in lieu thereof "only for use by the 
Secretary", and 
(iv) by striking out clauses (1), (2), and (3) and inserting in 
lieu thereof the following: "(1) to provide financial assistance 
for the purpose of carrying out fisheries research and devel-
opment projects approved under subsection (c), and (2) to 
implement the national fisheries research and development 
program provided for under subsection (d)."; and 
(5) by adding immediately after subsection (b) (as so redesig-
nated) the following: 
"(c) FISHERIES RESEARCH AND DEVELOPMENT PROJECTS.—(1) 
The 
Secretary shall make grants from the fund established under subsec-
tion (b) to assist persons in carrying out research and development 
projects addressed to any aspect of United States fisheries, including, 
but not limited to, harvesting, processing, marketing, and associated 
infrastructures. 
Application for 
"(2) The Secretary shall— 
slants. 
"(^) Q^ least once each fiscal year, receive, during a 60-day 
period specified by him, applications for grants under this 
subsection; 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3289 
Approval 
provisions. 
Terms and 
conditions. 
Recordkeeping 
requirements. 
"(B) prescribe the form and manner in which applications for 
grants under this subsection must be made, including, but not 
limited to, the specification of the information which must 
accompany applications to ensure that the proposed projects 
comply with Federal law and can be evaluated in accordance 
with paragraph (3)(B); and 
"(C) approve or disapprove each such application before the 
close of the 120th day after the last day of the 60-day period 
(specified under subparagraph (A)) in which the application was 
received. 
"(3) No application for a grant under this subsection may be 
approved unless the Secretary— 
"(A) is satisfied that the applicant has the requisite technical 
and financial capability to carry out the project; and 
"(B) evaluates the proposed project as to— 
"(i) soundness of design, 
"(ii) the possibilities of securing productive results, 
"(iii) minimization of duplication with other 
fisheries 
research and development projects, 
"(iv) the organization and management of the project, 
"(v) methods proposed for monitoring and evaluating the 
success or failure of the project, and 
"(vi) such other criteria as the Secretary may require. 
"(4) Each grant made under this subsection shall be subject to such 
terms and conditions as the Secretary may require to protect the 
interests of the United States, including, but not limited to, the 
following: 
"(A) The recipient of the grant must keep such records as the 
Secretary shall require as being necessary or appropriate for 
disclosing the use made of grant funds and shall allow the 
Secretary and the Comptroller General of the United States, or 
any of their authorized representatives, access to such records for 
purposes of audit and examination. 
"(B) The amount of a grant may not be less than 50 percent of 
the estimated cost of the project, 
"(C) The recipient of the grant must submit to the Secretary Reports, 
periodic project status reports. 
"(5)(A) If the cost of a project will be shared by the grant recipient, 
the Secretary shall accept, as a part or all of that share, the value of 
in-kind contributions made by the recipient, or made available to, 
and applied by, the recipient, with respect to the project. 
"(B) For purposes of subparagraph (A), in-kind contributions may 
be in the form of, but are not limited to, personal services rendered in 
carrying out functions related to, and permission to use real or 
personal property owned by others (for which consideration is not 
required) in carrying out the project. The Secretary shall establish (i) 
the training, experience, and other qualifications which shall be 
required in order for services to be considered as in-kind contribu-
tions; and (ii) the standards under which the Secretary will determine 
the value of in-kind contributions for purposes of subparagraph (A). 
"(C) Any valuation determination made by the Secretary for 
purposes of this paragraph shall be conclusive. 
"(d) NATIONAL FISHERIES RESEARCH AND DEVELOPMENT PROGRAM.— 
(1) The Secretary shall carry out a national program of research and 
development addressed to such aspects of United States fisheries 
(including, but not limited to, harvesting, processing, marketing, and 
associated infrastructures), if not adequately covered by projects 
assisted under subsection (c), as the Secretary deems appropriate. 
niaue, lor the cuiie^it liscal year, and 
"(ii) a statement of the extent to which available funds 
were not obligated or expended by the Secretary for grants 
under subsection (c) during the current fiscal year; and 
"(C) an assessment of each project assisted under subsection (c) 
or carried out under paragraph (1) that was completed in the 
preceding fiscal year regarding the extent to which (i) the 
objectives of the project were attained, and (ii) the project 
contributed to fishery development. 
"(e) ALLOCATION OF FUND MONEYS.—(1) With respect to any fiscal 
year, not less than 50 percent of— 
"(A) the moneys transferred to the fund under subsection (b) or 
any other provision of law with respect to that fiscal year; and 
"(B) such existing fund moneys carried over into that fiscal 
year; 
shall be used by the Secretary during that fiscal year to provide 
financial assistance for projects under subsection (c); and the remain-
der of such moneys in the fund shall be used to implement the 
national fisheries research and development program established 
under subsection (d) during that fiscal year. 
"(2) Moneys accruing to the fund established under subsection (b) 
for any fiscal year and not expended with respect to that year shall 
remain available for expenditure under this section without fiscal 
year limitation.". 
15 u s e 1511b. 
SEC. 211. UNITED STATES FISHERY TRADE OFFICERS. 
(a) APPOINTMENT.—For purposes of carrying out export promotion 
and other fishery development responsibilities, the Secretary of 
Commerce (hereinafter in this section referred to as the "Secretary") 
shall appoint not fewer than six officers who shall serve abroad to 
promote United States fishing interests. These officers shall be 
knowledgeable about the United States fishing industry, preferably 
with experience derived from the harvesting, processing, or market-
ing sectors of the industry or from the administration of fisheries 
programs. Such officers, who shall be employees of the Department of 
Commerce, shall have the designation of fishery trade officers. 
(b) ASSIGNMENT.—Upon the request of the Secretary, the Secretary 
of State shall officially assign fishery trade officers to such diplomatic 
missions of the United States as the Secretary designates (three of 
which shall be those in Brussels, Belgium; Rome, Italy; and Tokyo, 
Japan) and shall obtain for them diplomatic privileges and immuni-
ties equivalent to those enjoyed by foreign service personnel of 
comparable rank and salary. 
(c) FUNCTIONS OF FISHERY TRADE OFFICERS.—The functions of 
fishery trade officers appointed under subsection (a) shall be— 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3291 
(1) to increase the effectiveness of United States fishery export 
promotion efforts through such activities as the coordination of 
market development efforts and the provision of services and 
facilities for exporters of United States fishery products; 
(2) to develop, maintain, and make available to interested 
persons listings of (A) trade, government, and other organiza-
tions that are concerned with, or have an interest in, interna-
tional trade in United States fishery products, and (B) United 
States fishery products available for such trade; 
(3) to prepare quarterly reports regarding (A) the supply, 
demand, and prices of each United States fishery product 
exported, or for which there may be export potential, to the 
foreign nation or area concerned, and (B) the trade barriers or 
incentives of such nation or area that affect imports of such 
products; 
(4) to prepare weekly statements regarding the prices for each 
fishery product for which there may be United States export 
potential to the foreign nation or area concerned; and 
(5) to carry out such other functions as the Secretary may 
require. 
(d) ADMINISTRATION.—The Secretary of State and the Secretary 
shall enter into cooperative arrangements concerning the provision 
of office space, equipment, facilities, clerical services, and such other 
administrative support as may be required for fishery trade officers 
and their families. 
PART B—FINANCIAL ASSISTANCE WITH RESPECT TO FISHING VESSELS 
AND FISHERY FACILITIES 
SEC. 220. GUARANTEE OF OBLIGATIONS FOR FISHING VESSELS AND FOR 
FISHERY FACILITIES. 
Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271-1280) is 46 use 1271. 
amended as follows: 
(1) Section 1101 is amended: 
Definitions. 
(A) in subsection (h) by striking "equipping; and" and '^^ ^^^ ^'^^• 
substituting "equipping;"; 
(B) in subsection (i) by striking "mark." and substituting 
"mark;"; and 
(C) by adding at the end thereof the following new subsec-
tions: 
"(j) The term 'citizen of the Northern Mariana Islands' means— 
"(1) an individual who qualifies as such under section 8 of the 
Schedule on Transitional Matters attached to the Constitution of 
the Northern Mariana Islands; or 
"(2) a corporation, partnership, association, or other entity 
formed under the laws of the Northern Mariana Islands, not less 
than 75 percent of the interest in which is owned by individuals 
referred to in paragraph (1) or citizens or nationals of the United 
States, in cases in which 'owned' is used in the same sense as in 
section 2 of the Shipping Act, 1916 (46 U.S.C. 802); 
"(k) The term 'fishery facility' means— 
"(1) for operations on land— 
"(A) any structure or appurtenance thereto designed for 
the unloading and receiving from vessels, the processing, the 
holding pending processing, the distribution after process-
ing, or the holding pending distribution, of fish from one or 
more fisheries, 
94 STAT. 3292 
PUBLIC LAW 96-561—DEC. 22, 1980 
"(B) the land necessary for any such structure or appurte-
nance described in subparagraph (A), and 
"(C) equipment which is for use in connection with any 
such structure or appurtenance and which is necessary for 
the performance of any function referred to in subparagraph 
(A); or 
"(2) for operations other than on land, any vessel built in the 
United States used for, equipped to be used for, or of a type which 
is normally used for, the processing offish; 
but only if such structure, appurtenance, land, equipment, or vessel is 
owned by an individual who is a citizen or national of the United 
States or a citizen of the Northern Mariana Islands or by a corpora-
tion, partnership, association, or other entity that is a citizen of the 
United States within the meaning of section 2 of the Shipping Act, 
1916 (46 U.S.C. 802), and for purposes of applying such section 2 with 
respect to this section— 
"(i) the term 'State' as used therein includes any State, the 
District of Columbia, the Commonwealth of Puerto Rico, Ameri-
can Samoa, the Virgin Islands of the United States, Guam, the 
Northern Mariana Islands, or any other Commonwealth, terri-
tory, or possession of the United States; and 
"(ii) citizens of the United States must own not less than 75 
percent of the interest in the entity and nationals of the United 
States or citizens of the Northern Mariana Islands shall be 
treated as citizens of the United States in meeting such owner-
ship requirement; 
"(1) The term 'fishing vessel' has the meaning given such term by 
section 3(11) of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1802(11)); and any reference in this title to a vessel 
designed principally for commercial use in the fishing trade or 
industry shall be treated as a reference to a fishing vessel; 
"(m) The term 'United States' when used in a geographical context 
with respect to fishing vessels or fishery facilities includes all States 
referred to in subsection (k)(i).". 
46 use 1273. 
(2) Section 1103(f) is amended by inserting immediately before 
the period the following: "; except that— 
"(1) not less than 3 percent, nor more than 7 percent, of such 
sum shall be reserved for the guarantee of obligations for fishing 
vessels and fishery facilities that meet the economic soundness 
criteria set forth in section 1104(d)(1), and 
"(2) not less than 3 percent, nor more than 7 percent, of such 
sum shall be reserved for the guarantee of obligations for fishing 
vessels and fishery facilities that meet the economic soundness 
criteria set forth in section 1104(d)(2), 
but the aggregate amount reserved for the purposes set forth in 
paragraphs (1) and (2) must equal 10 percent of such sum.". 
46 use 1274. 
(3) Section 1104 is amended— 
(A) in subsection (a)— 
(i) by striking out "(D) in the fishing trade or industry; 
or (E)' in paragraph (1) and inserting in lieu thereof 
"; or(D)"; 
(ii) by redesignating subparagraph (F) in paragraph (1) 
as subparagraph (E); 
(iii) by redesignating paragraphs (2) through (4) as 
paragraphs (3) through (5), respectively, and by insert-
ing immediately after paragraph (1) the following new 
paragraph: 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3293 
"(2) financing, including reimbursement of an obligor for 
expenditures previously made for, construction, reconstruction, 
reconditioning, or purchase of a vessel or vessels owned by 
citizens or nationals of the United States or citizens of the 
Northern Mariana Islands which are designed principally for 
research, or for commercial use in the fishing trade or industry;"; 
(iv) by striking out "or" at the end of paragraph (4) (as 
redesignated by clause (iii)); 
(v) by striking out "or (3)" in paragraph (5) (as so 
redesignated) and inserting in lieu thereof "(3), or (4)", 
and by striking out the period at the end thereof and 
inserting in lieu thereof a semicolon; and 
(vi) by adding immediately after paragraph (5) the 
following: 
"(6) financing or refinancing, including, but not limited to, the 
reimbursement of obligors for expenditures previously made for, 
the construction, reconstruction, reconditioning, or purchase of 
fishery facilities; or 
"(7) financing the purchase of fishing vessels or fishery facili-
ties, the construction, reconstruction, reconditioning, or pur-
chase of which was guaranteed under this title, that are sold at 
foreclosure instituted by the Secretary, or are sold by the 
Secretary following purchase at foreclosure, and the reconstruc-
tion or reconditioning thereof. 
Any obligation guaranteed under paragraph (6) shall be treated, for 
purposes of this title, in the same manner and to the same extent as 
an obligation guaranteed under this title which aids in the construc-
tion, reconstruction, reconditioning, or purchase of a vessel; except 
with respect to provisions of this title that by their nature can only be 
applied to vessels."; 
(B) by adding at the end of subsection (b) the following: 
"The Secretary may not establish, as a condition of eligibil-
ity for guarantee under this title, a minimum principal 
amount for an obligation covering the reconstruction or 
reconditioning of a fishing vessel or fishery facility. For 
purposes of this title, the reconstruction or reconditioning of 
a fishing vessel or fishery facility does not include the 
routine minor repair or maintenance of the vessel or 
facility."; 
(C) in subsection (d)— 
(i) by striking out "No" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), no"; and 
(ii) by adding at the end thereof the following: 
"(2) In applying paragraph (1) with respect to commitments to 
guarantee, and the guarantee of, obligations for fishing vessels and 
fishery facilities used for underutilized fisheries, the Secretary of 
Commerce may apply an economic soundness test that is less strin-
gent than that which has been traditionally applied to obligation 
guarantees under this paragraph. 
"(3) No commitment to guarantee, or guarantee of an obligation 
may be made by the Secretary of Commerce under this title for the 
purchase of a used fishing vessel or used fishery facility unless— 
"(A) the vessel or facility will be reconstructed or recondi-
tioned in the United States and will contribute to the develop-
ment of the United States fishing industry; or 
"(B) the vessel or facility will be used in the harvesting of fish 
from, or for a purpose described in section llOl(k) with respect to. Ante, p. 3291. 
an underutilized fishery."; and 
94 STAT. 3294 
PUBLIC LAW 96-561—DEC. 22, 1980 
(D) in subsection (g)— 
(i) by inserting "(1)" immediately after "(g)"; and 
(ii) by adding at the end thereof the following new 
paragraph: 
"(2) The Secretary of Commerce shall establish within the Fund the 
following subfunds: 
"(A) The standard fishery subfund which shall contain all 
moneys received for, and incident to, the guarantee of obligations 
with respect to fishing vessels and fishery facilities to which the 
Ante, p. 3292. 
economic soundness criteria set forth in section 1104(d)(1) apply. 
"(B) The underutilized fishery subfund which shall contain all 
moneys received for, and incident to, the guarantee of obligations 
with respect to fishing vessels and fishery facilities to which the 
Ante, p. 3292. 
economic soundness criteria set forth in section 1104(d)(2) apply. 
"(C) The general subfund which shall contain all moneys 
received for, and incident to, the guarantee of obligations for 
vessels other than fishing vessels.". 
46 use 1275. 
(4) The first sentence of section 1105(d) is amended by inserting 
immediately before the period at the end thereof the following: 
", and shall be paid from the appropriate subfund required to be 
Supra. 
established under section 1104(g)(2)". 
16 use 742c 
SEC. 221. LOANS UNDER THE FISH AND WILDLIFE ACT OF 1956. 
(a) LOAN AUTHORITY UNTIL OCTOBER 1, 1982.—During the period 
beginning on the date of the enactment of this title and ending at the 
close of September 30, 1982, the Secretary of Commerce (hereinafter 
in this section referred to as the "Secretary") may make loans from 
the fisheries loan fund established under subsection (c) of section 4 of 
the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) only for the 
purposes set forth in subsections (b) and (c) of this section. Except to 
the extent that they are inconsistent with, or contrary to, this section, 
the provisions of such section 4 shall apply with respect to loans made 
for such purposes. 
(b) LOANS TO AVOID DEFAULT ON OBLIGATIONS COVERING FISHING 
VESSELS.—(1) The Secretary may make loans for the purpose of 
assisting obligors to avoid default on obligations that are issued with 
respect to the construction, reconstruction, reconditioning or pur-
chase of fishing vessels and that— 
(A) are guaranteed by the United States under title XI of the 
Ante, p. 3291. 
Merchant Marine Act, 1936 (46 U.S.C. 1271-1280, relating to 
Federal ship mortgage insurance); or 
(B) are not guaranteed under such title XI, but the fishing 
vessels concerned meet the use and documentation require-
ments, and the obligors meet the citizenship requirements, that 
would apply if the obligations were guaranteed under that title. 
(2)(A) Within the 30-day period beginning on the date of the 
enactment of this title in the case of fiscal year 1981, and before the 
beginning of fiscal year 1982, the Secretary shall estimate the 
number, and the aggregate amount, of loans described in paragraph 
(1)(A) for which application will likely be made during each of such 
fiscal years and shall reserve that amount in the fisheries loan fund 
for the purpose of making such loans during such year (or if such 
amount is larger than the fund balance, the Secretary shall reserve 
the whole fund for such purpose). 
(B) If any moneys are available in the fisheries loan fund for each 
such fiscal year after subparagraph (A) is complied with for that year, 
the Secretary shall use such moneys for the purpose of making loans 
described in paragraph (1)(B) during that year. 
94 STAT. 3296 
PUBLIC LAW 96-561—DEC. 22, 1980 
PART C—AMENDMENTS TO THE FISHERY CONSERVATION AND 
MANAGEMENT ACT OF 1976 
SUBPART 1—FOREIGN FISHING IN FISHERIES SUBJECT TO THE EXCLUSIVE 
FISHERY MANAGEMENT AUTHORITY OF THE UNITED STATES 
SEC. 230. FOREIGN FISHING. 
Section 201(d) of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1821(d)) is amended to read as follows: 
Definitions. 
"(d) TOTAL ALLOWABLE L E V E L OF FOREIGN FiSHING.—(1) A s USed in 
this subsection— 
"(A) The term 'base harvest' means, with respect to any United 
States fishery, the total allowable level of foreign fishing during 
the 1979 harvesting season. 
"(B) The term 'harvesting season' means the period established 
under this Act by the Secretary during which foreign fishing is 
permitted within a United States fishery. For purposes of this 
subsection, a harvesting season is designated by the calendar 
year in which the last day of the harvesting season occurs, 
regardless whether fishing is not permitted on that day due to 
emergency or other closure of the fishery. 
"(C) The term 'calculation factor' means, with respect to each 
United States fishery, 15 percent of the base harvest. 
"(D) The term 'reduction factor amount' means, with respect to 
each United States fishery, for any harvesting season after the 
1980 harvesting season— 
"(i) an amount equal to 15 percent of the base harvest for 
that fishery, if, in addition to the level of harvest by vessels 
of the United States in the designated preceding harvesting 
season for the fishery, such vessels harvest, in one or more 
harvesting seasons, not less than 75 percent of the calcula-
tion factor; 
"(ii) an amount equal to 10 percent of the base harvest for 
the fishery, if, in addition to the level of harvest by vessels of 
the United States in the designated preceding harvesting 
season for the fishery, such vessels harvest, in one or more 
harvesting seasons, not less than 50 percent, but less than 75 
percent, of the calculation factor; or 
"(iii) an amount equal to 5 percent of the base harvest for 
the fishery, if, in addition to the level of harvest by vessels of 
the United States in the designated previous harvesting 
season for the fishery, such vessels harvest, in one or more 
harvesting seasons, not less than 25 percent, but less than 50 
percent, of the calculation factor. 
For purposes of this paragraph, the term 'designated preceding 
harvest season' means— 
"(I) until a reduction factor amount is first achieved under 
this paragraph with respect to the fishery concerned, the 
1979 harvesting season, and 
"(II) after such amount is first achieved, the most recent 
harvesting season in which a reduction factor amount was 
achieved. 
"(E) The term 'annual fishing level' for any United States 
fishery during any harvesting season after the 1980 harvesting 
season is the base harvest for the fishery reduced by— 
"(i) an amount equal to the reduction factor amount for 
that harvesting season; and 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3297 
"(ii) an amount equal to the increased level of harvest by 
vessels of the United States over the level achieved by such 
vessels in the 1979 harvesting season for the fishery. 
"(F) The term 'United States fishery' means any fishery 
subject to the exclusive fishery management authority of the 
United States. 
"(2) The total allowable level of foreign fishing, if any, with respect 
to any United States fishery for each harvesting season after the 1980 
harvesting season shall be— 
"(A) the level representing that portion of the optimum 5n[eld of 
such fishery that will not be harvested by vessels of the United 
States as determined in accordance with the provisions of this 
Act (other than those relating to the determination of annual 
fishing levels), or 
"(B) the annual fishing level determined pursuant to para-
graph (3) for the harvesting season. 
"(3) For each United States fishery, the appropriate fishery man-
agement council, on a timely basis, may determine and certify to the 
Secretary of State and the Secretary the annual fishing level for that 
fishery for each harvesting season after the 1980 harvesting season. 
"(4) If with respect to any harvesting season for any United States 
fishery for which the total allowable level of foreign fishing is 
determined under paragraph (2XB), the Secretary, in consultation 
with the Secretary of State, approves the determination by any 
appropriate fishery management council that any portion of the 
optimum yield for that harvesting season will not be harvested by 
vessels of the United States, the Secretary of State, in accordance 
with subsection (e), shall allocate such portion for use during that 
harvesting season by foreign fishing vessels; except that i
f
— 
"(A) the making available of such portion (or any part thereof) 
during that harvesting season is determined to be detrimental to 
the development of the United States fishing industry; and 
"(B) such portion or part will be available for harvest in the 
immediately succeeding harvesting season, as determined on the 
basis of the best available scientific information; 
then such portion or part shall be allocated for use by foreign fishing 
vessels in such succeeding harvesting season. The determinations 
required to be made under subparagraphs (A) and (B) of the preceding 
sentence shall be made by the Secretary in consultation with the 
Secretary of State and on the basis of any recomendation of any 
appropriate fishery management council.". 
SEC. 231. ALLOCATION OF ALLOWABLE LEVELS OF FOREIGN FISHING. 
(a) AMENDMENTS.—The last sentence of section 201(e)(1) of the 
Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1821(e)(1)) is amended to read as follows: "All such determinations 
shall be made by the Secretary of State and the Secretary on the basis 
o
f
— 
"(A) whether, and to what extent, such nations impose tariff 
barriers or nontariff barriers on the importation, or otherwise 
restrict the market access, of United States fish or fishery 
products; 
"(B) whether, and to what extent, such nations are cooperating 
with the United States in the advancement of existing and new 
opportunities for fisheries trade, particularly through the pur-
chase of fish or fishery products from United States processors or 
from United States fishermen; 
Foreign fishing, 
total allowable 
level. 
Annual fishing 
level. 
Allowable levels, 
allocation. 
16 u s e 1821 
note. 
Ante, p. 3296. 
Schedule. 
Post, p. 3299. 
"(Fj 
.Autne., and to wiiat extent, tiit . 
^ vessels oi suc. 
nations have traditionally engaged in fishing in such fishery; 
"(G) whether, and to what extent, such nations are cooperating 
with the United States in, and making substantial contributions 
to fishery research and the identification of fishery resources; 
and 
"(H) such other matters as the Secretary of State, in coopera-
tion with the Secretary, deems appropriate.", 
(b) TAKING EFFECT OF AMENDMENTS.—The amendments made by 
subsection (a) shall apply with respect to the 1981 harvesting season 
and harvesting seasons thereafter (as defined in section 201(d)(1) of 
the Fishery Conservation and Management Act of 1976, as amended 
by section 301). 
SEC. 232. PERMIT FEES. 
(a) INTERIM FEES.—(1) Effective with respect to permits issued 
under section 204(b) of the Fishery Conservation and Management 
Act of 1976 (16 U.S.C. 1824(b)(10)) for 1981, paragraph (10) of such 
section is amended by striking out the last sentence thereof and 
inserting in lieu thereof the following: "Such fees shall be formulated 
so as to ensure that the receipts resulting from the payment of the 
fees under this paragraph for permits issued for 1981 are not less 
than an amount equal to 7 percent of the ex vessel value of the total 
harvest by foreign fishing vessels in the fishery conservation zone 
during 1979. The fees collected by the Secretary under this paragraph 
for permits issued for 1981 shall be transferred to the fisheries loan 
fund established under section 4 of the Fish and Wildlife Act of 1956 
(16 U.S.C. 742c) and used for the purpose of making loans therefrom, 
but only to the extent and in amounts provided for in advance in 
appropriation Acts.". 
(b) PERMANENT FEES.—Effective with respect to permits issued 
under section 204(b) of such Act of 1976 after 1981, paragraph (10) of 
such section is amended to read as follows— 
"(10) FEES.—Fees shall be paid to the Secretary by the owner or 
operator of any foreign fishing vessel for which a permit is issued 
pursuant to this subsection. The Secretary, in consultation with 
the Secretary of State, shall establish a schedule of such fees 
which shall apply nondiscriminatorily to each foreign nation. 
The fees imposed under this paragraph shall be at least in an 
amount sufficient to return to the United States an amount 
which bears to the total cost of carrying out the provisions of this 
Act (including, but not limited to, fishery conservation and 
management, fisheries research, administration, and enforce-
ment, but excluding costs for observers covered by surcharges 
under section 201(i)(4)) during each fiscal year the same ratio as 
the aggregate quantity of fish harvested by foreign fishing 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3299 
vessels within the fishery conservation zone during the preced-
ing year bears to the aggregate quantity of fish harvested by both 
foreign and domestic fishing vessels within such zone and the 
territorial waters of the United States during such preceding 
year. The amount collected by the Secretary under this para-
graph shall be transferred to the fisheries loan fund established 
under section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 
742c) for so long as such fund exists and used for the purpose of 
making loans therefrom, but only to the extent and in amounts 
provided for in advance in appropriation Acts.". 
SEC. 233. FISHERY DEVELOPMENT OBJECTIVES. 
Section 2(b)(6) of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1801(b)(6)) is amended by inserting immediately before 
the period at the end thereof the following: ", and to that end, to 
ensure that optimum yield determinations promote such develop-
ment". 
SEC. 234. FISHERY MANAGEMENT COUNCIL TRAVEL FUNDS. 
The second sentence of section 302(d) of the Fishery Conservation 
and Management Act of 1976 (16 U.S.C. 1852(d)) is amended by 
striking out the period and inserting in lieu thereof the following: 
", and other nonvoting members may be reimbursed for actual 
expenses". 
SEC. 235. NOTICE OF AVAILABILITY OF MANAGEMENT PLANS. 
Section 305(a) of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1855(a)) is amended by inserting "a notice of availabil-
ity of immediately after "Federal Register (A)". 
SUBPART 2—FULL OBSERVER COVERAGE PROGRAM 
SEC. 236. ESTABLISHMENT OF FULL OBSERVER COVERAGE PROGRAM. 
Section 201 of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1821) is amended by adding at the end thereof the 
following new subsection: 
"(i) FULL OBSERVER COVERAGE PROGRAM.—(1) Except as provided in 
paragraph (2), the Secretary shall establish a program under which a 
United States observer will be stationed aboard each foreign fishing 
vessel while that vessel is engaged in fishing within the fishery 
conservation zone. 
"(2) The requirement in paragraph (1) that a United States Waiver, 
observer be placed aboard each foreign fishing vessel may be waived 
by the Secretary if he finds that— 
"(A) in a situation where a fleet of harvesting vessels transfers 
its catch taken within the fishery conservation zone to another 
vessel, aboard which is a United States observer, the stationing 
of United States observers on only a portion of the harvesting 
vessel fleet will provide a representative sampling of the by-catch 
of the fleet that is sufficient for purposes of determining whether 
the requirements of the applicable management plans for the by-
catch species are being complied with; 
"(B) with respect to any foreign fishing vessel while it is 
engaged in fishing within the fishery conservation zone— 
"(i) the time during which the vessel engages in such 
fishing will be of such short duration that the placing of a 
United States observer aboard the vessel would be impracti-
cal, or 
94 STAT. 3300 
PUBLIC LAW 96-561—DEC. 22, 1980 
Ante, p. 3298. 
Foreign Fishing 
Observer Fund. 
Establishment. 
16 use 1821 
note. 
16 use 1824. 
16 use 1801 
note. 
"(ii) the facilities of the vessel for the quartering of a 
United States observer, or for the carrying out of observer 
functions, are so inadequate or unsafe that the health or 
safety of an observer would be jeopardized; or 
"(C) for reasons beyond the control of the Secretary, an 
observer is not available. 
"(3) United States observers, while aboard foreign fishing vessels, 
shall carry out such scientific and other functions as the Secretary 
deems necessary or appropriate to carry out the purposes of this Act. 
"(4) In addition to any fee imposed under section 204(b)(10) of this 
Act and section 10(e) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, 
the Secretary shall impose, with respect to each foreign fishing vessel 
for which a permit is issued under such section 204, a surcharge in an 
amount sufficient to cover all the costs of providing a United States 
observer aboard that vessel. The failure to pay any surcharge 
imposed under this paragraph shall be treated by the Secretary as a 
failure to pay the permit fee for such vessel under section 204(b)(10). 
All surcharges collected by the Secretary under this paragraph shall 
be deposited in the Foreign Fishing Observer Fund established by 
paragraph (5). 
"(5) There is established in the Treasury of the United States the 
Foreign Fishing Observer Fund. The Fund shall be available to the 
Secretary as a revolving fund for the purpose of carrying out this 
subsection. The Fund shall consist of the surcharges deposited into it 
as required under paragraph (4). All payments made by the Secretary 
to carry out this subsection shall be paid from the Fund, only to the 
extent and in the amounts provided for in advance in appropriation 
Acts. Sums in the Fund which are not currently needed for the 
purposes of this subsection shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.". 
SEC. 237. EFFECTIVE DATE. 
The amendment made by section 236 shall take effect October 1, 
1981, and shall apply with respect to permits issued under section 204 
of the Fishery Conservation and Management Act of 1976 after 
December 31,1981. 
SEC. 238. SHORT TITLE. 
(a) Effective 15 days after the date of enactment of this title, section 
1 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1801) is amended to read as follows: "That this Act may be cited as the 
'Magnuson Fishery Conservation and Management Act'.". 
(b) Effective 15 days after the date of enactment of this title, all 
references to the Fishery Conservation and Management Act of 1976 
shall be redesignated as references to the Magnuson Fishery Conser-
vation and Management Act. 
PART D—MISCELLANEOUS PROVISIONS 
22 u s e 1980 
SEC. 240. APPLICATIONS AND FILINGS FOR COMPENSATION FOR CER-
note. 
TAIN FISHING VESSEL AND GEAR DAMAGE. 
(a) IN GENERAL.—If— 
(1) any owner or operator of a fishing vessel who suffered, after 
September 17,1978, and before the date of the enactment of this 
title, damage to, or loss or destruction of, such vessel or fishing 
gear used with such vessel, but did not apply for compensation 
therefor under section 10 of the Fishermen's Protective Act of 
PUBLIC LAW 96-561—DEC. 22, 1980 
94 STAT. 3301 
1967 (22 U.S.C. 1980) within the 60-day period prescribed in 
subsection (cXl) of such section; or 
(2) any commercial fisherman who suffered, after September 
17, 1978, and before the date of the enactment of this title, 
damages compensable under title IV of the Outer Continental 
Shelf Lands Act of 1978 (43 U.S.C. 1841 et seq.), but who did not 
timely file a claim therefor within the 60-day period prescribed in 
section 405(a) of 
such Act; 
43 use 1845. 
such owner or operator may make application for compensation with 
respect to such damage, loss or destruction under such section 10, and 
such commercial fisherman may file a claim for, compensation for 
such damages under such title IV, to the Secretary of Commerce, 
within the 60-day period beginning on the date of the enactment of 
this title. 
(b) SPECIAL PROVISIONS.—(1) Notwithstanding any other provision 
of law— 
(A) any application or filing timely made under subsection (a) 
shall be treated by the Secretary of Commerce as an application 
timely made under such section lO(cXl), or as a filing timely 22 use 1980. 
made under such section 405(a), as the case may be, with respect 43 use 1845. 
to the damage, loss, or destruction claimed; and 
(B) any claim for fishing gear loss that was pending on June 1, 
1980, before the United States-Union of Soviet Socialist Repub-
lics Fisheries Claims Board or the American-Spanish Fisheries 
Board shall be treated by the Secretary of Commerce as a timely 
application made, on the date of 
the enactment of this title, under 
such section lO(cXl) for compensation for such loss. 
(2) Section 403(cX2)(A) of the Outer Continental Shelf Lands Act 
Amendments of 1978 (43 U.S.C. 1843(cX2XA)) is amended by striking 
out the semicolon at the end thereof and inserting in lieu thereof 
"and the party admits responsibility;". 
SEC. 241. AMENDMENTS TO FISHERMEN'S PROTECTIVE ACT OF 1967. 
Section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1980) is amended as follows: 
(1) Subsection (a) is amended by adding at the end thereof the 
following: 
"(4) The term 'resulting economic loss* means the gross "Resulting 
income, as estimated by the Secretary, that a fishing vessel economic loss." 
owner or operator who is eligible for compensation under this 
section for damage to, loss of, or destruction of, a fishing vessel or 
the fishing gear used with such vessel will lose by reason of not 
being able to engage in fishing, or having to reduce his fishing 
effort, during the period before the vessel or gear, or both, are 
repaired or replaced and available for use.". 
(2) Subsection (b) is amended— 
(A) by inserting "and for any resulting economic loss", 
immediately after ", or both," in the matter preceding 
paragraph (1); and 
(B) by striking out paragraph (2XB) and inserting in lieu 
thereof the following: 
"(B) is attributable to any other vessel, whether or not 
such vessel is a vessel of the United States. 
For purposes of subparagraph (B), there shall be a rebuttable 
presumption that any damage, loss, or destruction of 
fishing 
gear 
is attributable to another vessel.". 
79-194 O—81—pt. 3 
42 : QL3 
94 STAT. 3302 
PUBLIC LAW 96-561—DEC. 22, 1980 
(3) Subsection (c) is amended by inserting "and resulting 
economic loss" immediately aftei: "destruction" in the matter 
appearing immediately before paragraph (1). 
(4) Subsection (d) is amended— 
(A) by inserting ", and resulting economic loss," immedi-
ately after "destruction" in paragraph (1); and 
(B) by amending paragraph (2) to read as follows: 
"(2) The amount of compensation awarded to any vessel owner 
under this section shall be— 
"(A) the depreciated replacement cost, or the repair cost, 
whichever cost is less, of the fishing vessel or the fishing gear 
concerned; and 
"(B) 25 percent of any resulting economic loss. 
Any amount determined pursuant to subparagraph (A) or (B) 
shall be reduced to the extent that evidence indicates that 
negligence by the vessel owner or operator contributed to the 
cause or the extent of the damage, loss, or destruction and shall 
be further reduced by the amount of compensation, if any, that 
the vessel owner or operator has received or will receive with 
respect to the damage, loss, destruction, or resulting economic 
loss through insurance, pursuant to any other provision of law, 
or otherwise.". 
Approved December 22, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-1243, pt. 1 accompanying H.R. 6959 (Comm. on Merchant 
Marine and Fisheries) and No. 96-1243,' pt. 2 accompanying H.R. 
6959 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-667 (Comm. on Commerce, Science, and Transportation 
and Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
May 5, considered and passed Senate. 
Sept. 23, H.R. 6959 considered and passed House; passage vacated and S. 2163, 
amended, passed in lieu. 
Dec. 3, Senate concurred in House amendments with an amendment. 
Dec. 4, House concurred in Senate amendment.