C. Relevant State and Federal Statutes

National Sea Grant Law Center NSGLC Staff NSGLC Advisory Service Slide Shows Sea Grant Legal Programs

SandBar Sea Grant Law and Policy Digest Sea Grant Law and Policy Journal Sea Grant Law and Policy Digest Other NSGLC Publications

MS-AL Sea Grant Legal Program MSGLP Staff MSGLP Advisory Services Slide Shows

Water Log Other MASGLP Publications

C. Relevant State and Federal Statutes

1. United States Code Sections

16 U.S.C. § 661 (2000).

TITLE 16. CONSERVATION

CHAPTER 5A. PROTECTION AND CONSERVATION OF WILDLIFE GAME, FUR-BEARING ANIMALS, AND FISH

§ 661. Declaration of purpose; cooperation of agencies; surveys and investigations; donations

For the purpose of recognizing the vital contribution of our wildlife resources

to the Nation, the increasing public interest and significance thereof due to

expansion of our national economy and other factors, and to provide that

wildlife conservation shall receive equal consideration and be coordinated with

other features of water-resource development programs through the effectual and

harmonious planning, development, maintenance, and coordination of wildlife

conservation and rehabilitation for the purposes of this Act in the United

States, its Territories and possessions, the Secretary of the Interior is

authorized (1) to provide assistance to, and cooperate with, Federal, State, and

public or private agencies and organizations in the development, protection,

rearing, and stocking of all species of wildlife, resources thereof, and their

habitat, in controlling losses of the same from disease or other causes, in

minimizing damages from overabundant species, in providing public shooting and

fishing areas, including easements across public lands for access thereto, and

in carrying out other measures necessary to effectuate the purposes of this Act;

(2) to make surveys and investigations of the wildlife of the public domain,

including lands and waters or interests therein acquired or controlled by any

agency of the United States; and (3) to accept donations of land and

contributions of funds in furtherance of the purposes of this Act.

16 U.S.C. § 742c (2000).

TITLE 16. CONSERVATION

CHAPTER 9. FISH AND WILDLIFE SERVICE

§ 742c. Loans for financing or refinancing of cost of purchasing, constructing,

equipping, maintaining, repairing, or operating commercial fishing vessels or gear

(a) Authorization. The Secretary of the Interior is authorized, under such

rules and regulations and under such terms and conditions as he may prescribe,

to make loans for financing or refinancing of the cost of purchasing,

constructing, equipping, maintaining, repairing, or operating new or used

commercial fishing vessels or gear.

(b) Conditions. Any loans made under the provisions of this section shall be

subject to the following restrictions:

(1) Bear an interest rate of not less than (a) a rate determined by the

Secretary of the Treasury, taking into consideration the average market yield on

outstanding Treasury obligations of comparable maturity, plus (b) such

additional charge, if any, toward covering other costs of the program as the

Secretary may determine to be consistent with its purpose.

(2) Mature in not more than ten years, except that where a loan is for all or

part of the costs of constructing a new fishing vessel, such period may be

fourteen years.

(3) No financial assistance shall be extended pursuant to this section unless

reasonable financial assistance applied for is not otherwise available on

reasonable terms.

(4) Loans shall be approved only upon the furnishing of such security or

other reasonable assurance of repayment as the Secretary may require considering

the objectives of this section which are to upgrade commercial fishing vessels

and gear and to provide reasonable financial assistance not otherwise available

to commercial fishermen. The proposed collateral for a loan must be of such a

nature that, when considered with the integrity and ability of the management,

and the applicant's past and prospective earnings, repayment of the loan will be

reasonably assured.

(5) The applicant shall possess the ability, experience, resources, and other

qualifications necessary to enable him to operate and maintain new or used

commercial fishing vessels or gear.

(6) Before the Secretary approves a loan for the purchase or construction of

a new or used vessel which will not replace an existing commercial fishing

vessel, he shall determine that the applicant's contemplated operation of such

vessel in a fishery will not cause economic hardship or injury to the efficient

vessel operators already operating in that fishery.

(7) An applicant for a fishery loan must be a citizen or national of the

United States.

(8) Within the meaning of this section, a corporation, partnership, or

association shall not be deemed to be a citizen of the United States unless the

Secretary determines that it satisfactorily meets all of the requirements set

forth in section 2 of the Shipping Act, 1916, as amended [46 USCS Appx § 802],

for determining the United States citizenship of a corporation, partnership, or

association operating a vessel in the coastwise trade.

(9) (A) The nationality of an applicant shall be established to the

satisfaction of the Secretary. Within the meaning of this section, no

corporation, partnership, or association organized under the laws of American

Samoa shall be deemed a national of the United States unless 75 per centum of

the interest therein is owned by nationals of the United States, citizens of the

United States, or both, and in the case of a corporation, unless its president

or other chief executive officer and the chairman of its board are nationals or

citizens of the United States and unless no more of its directors than a

minority of the number necessary to constitute a quorum are nonnationals and

noncitizens.

(B) Seventy-five per centum of the interest in a corporation shall not be

deemed to be owned by nationals of the United States, citizens of the United

States, or both, (i) if the title to 75 per centum of its stock is not vested in

such nationals and citizens free from any trust or fiduciary obligation in favor

of any person not a national or citizen of the United States; or (ii) if 75 per

centum of the voting power in such corporation is not vested in nationals of the

United States, citizens of the United States, or both; or (iii) if through any

contract or understanding it is so arranged that more than 25 per centum of the

voting power may be exercised, directly or indirectly, in behalf of any person

who is not a national or citizen of the United States; or (iv) if by any other

means whatsoever control of any interest in the corporation in excess of 25 per

centum is conferred upon or permitted to be exercised by any person who is not a

national or citizen of the United States.

capital to the fund less average undispersed cash balance. There is created a

fisheries loan fund, which shall be used by the Secretary as a revolving fund to

make loans for financing and refinancing under this section. Any funds received

by the Secretary on or before September 30, 1986, in payment of principal or

interest on any loans so made shall be deposited in the fund and be available

for making additional loans under this section. Any funds received in the

fisheries loan fund after September 30, 1986, shall be covered into the Treasury

as miscellaneous receipts. There is authorized to be appropriated to the

fisheries loan fund the sum of $ 20,000,000 to provide initial capital.

(d) Modification of loan contract. The Secretary, subject to the specific

limitations in this section, may consent to the modification, with respect to

the rate of interest, time of payment of any installment of principal, or

security, of any loan contract to which he is a party.

(e) Chartering vessels; loans to Alaskan earthquake victims; termination

date. The Secretary is authorized under such terms and conditions and pursuant

to regulations prescribed by him to use the funds appropriated under this

section to make loans to commercial fishermen for the purpose of chartering

fishing vessels pending the construction or repair of vessels lost, destroyed,

or damaged by the earthquake of March 27, 1964, and subsequent tidal waves

related thereto: Provided, That any loans made under this subsection shall only

be repaid from the net profits of the operations of such chartered vessels,

which profits shall be reduced by such reasonable amount as determined by the

Secretary for the salary of the fishermen chartering such vessels. The funds

authorized herein shall not be available for such loans after June 30, 1966.

16 U.S.C. § 757a (2000).

TITLE 16. CONSERVATION

CHAPTER 9A. PRESERVATION OF FISHERY RESOURCES

§ 757. Utilization of State services; expenditure of funds

(a) Conservation, development, and enhancement; cooperative agreements;

costs. For the purpose of conserving, developing, and enhancing within the

several States the anadromous fishery resources of the Nation that are subject

to depletion from water resources developments and other causes, or with respect

to which the United States has made conservation commitments by international

agreements, and for the purpose of conserving, developing, and enhancing the

fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the

Secretary of the Interior is authorized to enter into cooperative agreements

with one or more States, acting jointly or severally, that are concerned with

the development, conservation, and enhancement of such fish, and, whenever he

deems it appropriate, with other non-Federal interests. Such agreements shall

describe (1) the actions to be taken by the Secretary and the cooperating

parties, (2) the benefits that are expected to be derived by the States and

other non-Federal interests, (3) the estimated cost of these actions, (4) the

share of such costs to be borne by the Federal Government and by the States and

other non-Federal interests: Provided, That, except as provided in subsection

costs of any facilities constructed by the Secretary pursuant to this Act [16

USCS §§ 757a--757g], which he annually determines to be a proper Federal cost,

shall not exceed 50 per centum of such costs exclusive of the value of any

Federal land involved: Provided further, That the non-Federal share may be in

the form of real or personal property, the value of which will be determined by

the Secretary, as well as money, (5) the term of the agreement, (6) the terms

and conditions for disposing of any real or personal property acquired by the

Secretary during or at the end of the term of the agreement, and (7) such other

terms and conditions as he deems desirable.

(b) Operation, management, and administration of property. The Secretary may

also enter into agreements with the States for the operation of any fiscal and

management and administration of any lands or interests therein acquired or

facilities constructed pursuant to this Act [16 USCS §§ 757a--757g].

(1) Whenever two or more States having a common interest in any basin jointly

enter into a cooperative agreement with the Secretary under subsection (a) of

this section to carry out a research and development program to conserve,

develop, and enhance anadromous fishery resources of the Nation, or fish in the

Great Lakes and Lake Champlain that ascend streams to spawn, the Federal share

of the program costs shall be increased to a maximum of 66 2/3 per centum.

(2) In the case of any State that has implemented an interstate fisheries

management plan for anadromous fishery resources, prepared by an interstate

commission the Federal share of any grant made under this section to carry out

activities required by such plan shall be up to 90 percent. For purposes of this

paragraph, the term "interstate commission" means--

(A) the commission established by the Atlantic States Marine Fisheries

Compact (as consented to and approved by Public Law 80-77 [unclassified]),

approved May 4, 1942 (56 Stat. 267) [unclassified];

(B) the commission established by the Pacific Marine Fisheries Compact (as

consented to and approved by Public Law 80-232 [unclassified]), approved July

24, 1947 (16 Stat. 419) [(61 Stat. 419)]; and

(as consented to and approved by Public Law 81-66 [unclassified]), approved May

19, 1949 (63 Stat. 70) [unclassified].

16 U.S.C. § 1361 (2000).

TITLE 16. CONSERVATION

CHAPTER 31. MARINE MAMMAL PROTECTION

§ 1361. Congressional findings and declaration of policy

The Congress finds that--

(1) certain species and population stocks of marine mammals are, or may be,

in danger of extinction or depletion as a result of man's activities;

(2) such species and population stocks should not be permitted to diminish

beyond the point at which they cease to be a significant functioning element in

the ecosystem of which they are a part, and, consistent with this major

objective, they should not be permitted to diminish below their optimum

sustainable population. Further measures should be immediately taken to

replenish any species or population stock which has already diminished below

that population. In particular, efforts should be made to protect essential

habitats, including the rookeries, mating grounds, and areas of similar

significance for each species of marine mammal from the adverse effect of man's actions;

(3) there is inadequate knowledge of the ecology and population dynamics of

such marine mammals and of the factors which bear upon their ability to

reproduce themselves successfully;

(4) negotiations should be undertaken immediately to encourage the

development of international arrangements for research on, and conservation of,

all marine mammals;

(5) marine mammals and marine mammal products either--

(A) move in interstate commerce, or

(B) affect the balance of marine ecosystems in a manner which is important

to other animals and animal products which move in interstate commerce,

and that the protection and conservation of marine mammals and their habitats

is therefore necessary to insure the continuing availability of those products

which move in interstate commerce; and

(6) marine mammals have proven themselves to be resources of great

international significance, esthetic and recreational as well as economic, and

it is the sense of the Congress that they should be protected and encouraged to

develop to the greatest extent feasible commensurate with sound policies of

resource management and that the primary objective of their management should be

to maintain the health and stability of the marine ecosystem. Whenever

consistent with this primary objective, it should be the goal to obtain an

optimum sustainable population keeping in mind the carrying capacity of the

habitat.

16 U.S.C. § 1401 (2000).

TITLE 16. CONSERVATION

CHAPTER 31. MARINE MAMMAL PROTECTION

§ 1401. Establishment

(a) Designation. There is hereby established the Marine Mammal Commission (hereafter referred to in this title [16 USCS §§ 1401 et seq.] as the "Commission").

(b) Membership and term of office.

(1) Effective September 1, 1982, the Commission shall be composed of three

members who shall be appointed by the President, by and with the advice and

consent of the Senate. The President shall make his selection from a list of

individuals knowledgeable in the fields of marine ecology and resource

management, and who are not in a position to profit from the taking of marine

mammals. Such list shall be submitted to him the the Chairman of the Council on

Environmental Quality and unanimously agreed to by that Chairman, the Secretary

of the Smithsonian Institution, the Director of the National Science Foundation

and the Chairman of the National Academy of Sciences. No member of the

Commission may, during his period of service on the Commission, hold any other

position as an officer or employee of the United States except as a retired

officer or retired civilian employee of the United States.

(2) The term of office for each member shall be three years; except that of

the members initially appointed to the Commission, the term of one member shall

be for one year, the term of one member shall be for two years, and the term of

one member shall be for three years. No member is eligible for reappointment;

except that any member appointed to fill a vacancy occurring before the

expiration of the term for which his predecessor was appointed (A) shall be

appointed for the remainder of such term, and (B) is eligible for reappointment

for one full term. A member may serve after the expiration of his term until his

successor has taken office.

(hereafter referred to in this title [16 USCS §§ 1401 et seq.] as the

"Chairman") from among its members.

(d) Compensation; reimbursement for travel expenses. Members of the Commission

shall each be compensated at a rate equal to the daily equivalent of the rate

for GS-18 of the General Schedule under section 5332 of title 5, United States

Code, for each day such member is engaged in the actual performance of duties

vested in the Commission. Each member shall be reimbursed for travel expenses,

including per diem in lieu of subsistence, as authorized by section 5703 of

title 5, United States Code, for persons in Government service employed

intermittently.

(e) Executive Director. The Commission shall have an Executive Director, who

shall be appointed (without regard to the provisions of title 5, United States

Code, governing appointments in the competitive service) by the Chairman with

the approval of the Commission and shall be paid at a rate not in excess of the

rate for GS-18 of the General Schedule under section 5332 of title 5, United

States Code. The Executive Director shall have such duties as the Chairman may

assign.

16 U.S.C. § 1451 (2000).

TITLE 16. CONSERVATION

CHAPTER 33. COASTAL ZONE MANAGEMENT

§ 1451. Congressional findings

The Congress finds that--

(a) There is a national interest in the effective management, beneficial use,

protection, and development of the coastal zone.

(b) The coastal zone is rich in a variety of natural, commercial, recreational,

ecological, industrial, and esthetic resources of immediate and potential value

to the present and future well-being of the Nation.

coastal zone occasioned by population growth and economic development, including

requirements for industry, commerce, residential development, recreation,

extraction of mineral resources and fossil fuels, transportation and navigation,

waste disposal, and harvesting of fish, shellfish, and other living marine

resources, have resulted in the loss of living marine resources, wildlife,

nutrient-rich areas, permanent and adverse changes to ecological systems,

decreasing open space for public use, and shoreline erosion.

(d) The habitat areas of the coastal zone, and the fish, shellfish, other living

marine resources, and wildlife therein, are ecologically fragile and

consequently extremely vulnerable to destruction by man's alterations.

(e) Important ecological, cultural, historic, and esthetic values in the coastal

zone which are essential to the well-being of all citizens are being

irretrievably damaged or lost.

(f) New and expanding demands for food, energy, minerals, defense needs,

recreation, waste disposal, transportation, and industrial activities in the

Great Lakes, territorial sea, exclusive economic zone, and Outer Continental

Shelf are placing stress on these areas and are creating the need for resolution

of serious conflicts among important and competing uses and values in coastal

and ocean waters;

(g) Special natural and scenic characteristics are being damaged by ill-planned

development that threatens these values.

(h) In light of competing demands and the urgent need to protect and to give

high priority to natural systems in the coastal zone, present state and local

institutional arrangements for planning and regulating land and water uses in

such areas are inadequate.

(i) The key to more effective protection and use of the land and water resources

of the coastal zone is to encourage the states to exercise their full authority

over the lands and waters in the coastal zone by assisting the states, in

cooperation with Federal and local governments and other vitally affected

interests, in developing land and water use programs for the coastal zone,

including unified policies, criteria, standards, methods, and processes for

dealing with land and water use decisions of more than local significance.

(j) The national objective of attaining a greater degree of energy

self-sufficiency would be advanced by providing Federal financial assistance to

meet state and local needs resulting from new or expanded energy activity in or

affecting the coastal zone.

(k) Land uses in the coastal zone, and the uses of adjacent lands which drain

into the coastal zone, may significantly affect the quality of coastal waters

and habitats, and efforts to control coastal water pollution from land use

activities must be improved.

(l) Because global warming may result in a substantial sea level rise with

serious adverse effects in the coastal zone, coastal states must anticipate and

plan for such an occurrence.

(m) Because of their proximity to and reliance upon the ocean and its resources,

the coastal states have substantial and significant interests in the protection,

management, and development of the resources of the exclusive economic zone that

can only be served by the active participation of coastal states in all Federal

programs affecting such resources and, wherever appropriate, by the development

of state ocean resource plans as part of their federally approved coastal zone

management programs.

16 U.S.C. § 1456 (2000).

TITLE 16. CONSERVATION

CHAPTER 33. COASTAL ZONE MANAGEMENT

§ 1456. Coordination and cooperation

(a) Federal agencies. In carrying out his functions and responsibilities under

this title, the Secretary shall consult with, cooperate with, and, to the

maximum extent practicable, coordinate his activities with other interested

Federal agencies.

(b) Adequate consideration of views of Federal agencies. The Secretary shall

not approve the management program submitted by a state pursuant to section 306

[16 USCS § 1455] unless the views of Federal agencies principally affected by

such program have been adequately considered.

certification.

(1) (A) Each Federal agency activity within or outside the coastal zone that

affects any land or water use or natural resource of the coastal zone shall be

carried out in a manner which is consistent to the maximum extent practicable

with the enforceable policies of approved State management programs. A Federal

agency activity shall be subject to this paragraph unless it is subject to

paragraph (2) or (3).

(B) After any final judgment, decree, or order of any Federal court that

is appealable under section 1291 or 1292 of title 28, United States Code, or

under any other applicable provision of Federal law, that a specific Federal

agency activity is not in compliance with subparagraph (A), and certification by

the Secretary that mediation under subsection (h) is not likely to result in

such compliance, the President may, upon written request from the Secretary,

exempt from compliance those elements of the Federal agency activity that are

found by the Federal court to be inconsistent with an approved State program, if

the President determines that the activity is in the paramount interest of the

United States. No such exemption shall be granted on the basis of a lack of

appropriations unless the President has specifically requested such

appropriations as part of the budgetary process, and the Congress has failed to

make available the requested appropriations.

shall provide a consistency determination to the relevant State agency

designated under section 306(d)(6) [16 USCS § 1455(d)(6)] at the earliest

practicable time, but in no case later than 90 days before final approval of the

Federal activity unless both the Federal agency and the State agency agree to a

different schedule.

(2) Any Federal agency which shall undertake any development project in the

coastal zone of a state shall insure that the project is, to the maximum extent

practicable, consistent with the enforceable policies of approved state

management programs.

(3) (A) After final approval by the Secretary of a state's management

program, any applicant for a required Federal license or permit to conduct an

activity, in or outside of the coastal zone, affecting any land or water use or

natural resource of the coastal zone of that state shall provide in the

application to the licensing or permitting agency a certification that the

proposed activity complies with the enforceable policies of the state's approved

program and that such activity will be conducted in a manner consistent with the

program. At the same time, the applicant shall furnish to the state or its

designated agency a copy of the certification, with all necessary information

and data. Each coastal state shall establish procedures for public notice in the

case of all such certifications and, to the extent it deems appropriate,

procedures for public hearings in connection therewith. At the earliest

practicable time, the state of its designated agency shall notify the Federal

agency concerned that the state concurs with or objects to the applicant's

certification. If the state or its designated agency fails to furnish the

required notification within six months after receipt of its copy of the

applicant's certification, the state's concurrence with the certification shall

be conclusively presumed. No license or permit shall be granted by the Federal

agency until the state or its designated agency has concurred with the

applicant's certification or until, by the state's failure to act, the

concurrence is conclusively presumed, unless the Secretary, on his own

initiative or upon appeal by the applicant, finds, after providing a reasonable

opportunity for detailed comments from the Federal agency involved and from the

state, that the activity is consistent with the objectives of this title or is

otherwise necessary in the interest of national security.

(B) After the management program of any coastal state has been approved by

the Secretary under section 306 [16 USCS § 1455], any person who submits to the

Secretary of the Interior any plan for the exploration or development of, or

production from, any area which has been leased under the Outer Continental

Shelf Lands Act (43 U.S.C. 1331 et seq.) and regulations under such Act shall,

with respect to any exploration, development, or production described in such

plan and affecting any land or water use or natural resource of the coastal zone

of such state, attach to such plan a certification that each activity which is

described in detail in such plan complies with the enforceable policies of such

state's approved management program and will be carried out in a manner

consistent with such program. No Federal official or agency shall grant such

person any license or permit for any activity described in detail in such plan

until such state or its designated agency receives a copy of such certification

and plan, together with any other necessary data and information, and until--

(i) such state or its designated agency, in accordance with the

procedures required to be established by such state pursuant to subparagraph

(A), concurs with such person's certification and notifies the Secretary and the

Secretary of the Interior of such concurrence;

(ii) concurrence by such state with such certification is conclusively

presumed as provided for in subparagraph (A), except if such state fails to

concur with or object to such certification within three months after receipt of

its copy of such certification and supporting information, such state shall

provide the Secretary, the appropriate federal agency, and such person with a

written statement describing the status of review and the basis for further

delay in issuing a final decision, and if such statement is not so provided,

concurrence by such state with such certification shall be conclusively

presumed; or

(iii) the Secretary finds, pursuant to subparagraph (A), that each

activity which is described in detail in such plan is consistent with the

objectives of this title or is otherwise necessary in the interest of national

security.

If a state concurs or is conclusively presumed to concur, or if the

Secretary makes such a finding, the provisions of subparagraph (A) are not

applicable with respect to such person, such state, and any Federal license or

permit which is required to conduct any activity affecting land uses or water

uses in the coastal zone of such state which is described in detail in the plan

to which such concurrence or finding applies. If such state objects to such

certification and if the Secretary fails to make a finding under clause (iii)

with respect to such certification, or if such person fails substantially to

comply with such plan as submitted, such person shall submit an amendment to

such plan, or a new plan, to the Secretary of the Interior. With respect to any

amendment or new plan submitted to the Secretary of the Interior pursuant to the

preceding sentence, the applicable time period for purposes of concurrence by

conclusive presumption under subparagraph (A) is 3 months.

(d) Applications of local governments for Federal assistance; relationship of

activities with approved management programs. State and local governments

submitting applications for Federal assistance under other Federal programs, in

or outside of the coastal zone, affecting any land or water use of natural

resource of the coastal zone shall indicate the views of the appropriate state

or local agency as to the relationship of such activities to the approved

management program for the coastal zone. Such applications shall be submitted

and coordinated in accordance with the provisions of title IV of the

Inter-governmental Coordination Act of 1968 (82 Stat. 1098). Federal agencies

shall not approve proposed projects that are inconsistent with the enforceable

policies of a coastal state's management program, except upon a finding by the

Secretary that such project is consistent with the purposes of this title or

necessary in the interest of national security.

(e) Construction with other laws. Nothing in this title shall be construed--

(1) to diminish either Federal or state jurisdiction, responsibility, or

rights in the field of planning, development, or control of water resources,

submerged lands, or navigable waters; nor to displace, supersede, limit, or

modify any interstate compact or the jurisdiction or responsibility of any

legally established joint or common agency of two or more states or of two or

more states and the Federal Government; nor to limit the authority of Congress

to authorize and fund projects;

(2) as superseding, modifying, or repealing existing laws applicable to the

various Federal agencies; nor to affect the jurisdiction, powers, or

prerogatives of the International Joint Commission, United States and Canada,

the Permanent Engineering Board, and the United States operating entity or

entities established pursuant to the Columbia River Basin Treaty, signed at

Washington, January 17, 1961, or the International Boundary and Water

Commission, United States and Mexico.

(f) Construction with existing requirements of water and air pollution programs.

Notwithstanding any other provision of this title, nothing in this title shall

in any way affect any requirement (1) established by the Federal Water Pollution

Control Act, as amended, or the Clean Air Act, as amended, or (2) established by

the Federal Government or by any state or local government pursuant to such

Acts. Such requirements shall be incorporated in any program developed pursuant

to this title and shall be the water pollution control and air pollution control

requirements applicable to such program.

(g) Concurrence with programs which affect inland areas. When any state's

coastal zone management program, submitted for approval or proposed for

modification pursuant to section 306 of this title [16 USCS § 1455], includes

requirements as to shorelands which also would be subject to any Federally

supported national land use program which may be hereafter enacted, the

Secretary, prior to approving such program, shall obtain the concurrence of the

Secretary of the Interior, or such other Federal official as may be designated

to administer the national land use program, with respect to that portion of the

coastal zone management program affecting such inland areas.

(h) Mediation of disagreements. In case of serious disagreement between any

Federal agency and a coastal state--

(1) in the development or the initial implementation of a management program

under section 305 [16 USCS § 1454]; or

(2) in the administration of a management program approved under section 306

[16 USCS § 1455];

the Secretary, with the cooperation of the Executive Office of the President,

shall seek to mediate the differences involved in such disagreement. The process

of such mediation shall, with respect to any disagreement described in paragraph

(2), include public hearings which shall be conducted in the local area

concerned.

(i) Federal fee.

(1) With respect to appeals under subsections (c)(3) and (d) which are

submitted after the date of the enactment of the Coastal Zone Act

Reauthorization Amendments of 1990 [enacted Nov. 5, 1990], the Secretary shall

collect an application fee of not less than $ 200 for minor appeals and not less

than $ 500 for major appeals, unless the Secretary, upon consideration of an

applicant's request for a fee waiver, determines that the applicant is unable to

pay the fee.

(2) (A) The Secretary shall collect such other fees as are necessary to

recover the full costs of administering and processing such appeals under

subsection (c).

(B) If the Secretary waives the application fee under paragraph (1) for an

applicant, the Secretary shall waive all other fees under this subsection for

the applicant.

(3) Fees collected under this subsection shall be deposited into the Coastal

Zone Management Fund established under section 308 [16 USCS § 1456a].

16 U.S.C. § 1531 (2000).

TITLE 16. CONSERVATION

CHAPTER 35. ENDANGERED SPECIES

§ 1531. Congressional findings and declaration of purposes and policy

(a) Findings. The Congress finds and declares that--

(1) various species of fish, wildlife, and plants in the United States have

been rendered extinct as a consequence of economic growth and development

untempered by adequate concern and conservation;

(2) other species of fish, wildlife, and plants have been so depleted in

numbers that they are in danger of or threatened with extinction;

(3) these species of fish, wildlife, and plants are of esthetic, ecological,

educational, historical, recreational, and scientific value to the Nation and

its people;

(4) the United States has pledged itself as a sovereign state in the

international community to conserve to the extent practicable the various

species of fish or wildlife and plants facing extinction, pursuant to--

(A) migratory bird treaties with Canada and Mexico;

(B) the Migratory and Endangered Bird Treaty with Japan;

Western Hemisphere;

(D) the International Convention for the Northwest Atlantic Fisheries;

(E) the International Convention for the High Seas Fisheries of the North

Pacific Ocean;

(F) the Convention on International Trade in Endangered Species of Wild

Fauna and Flora; and

(G) other international agreements; and

(5) encouraging the States and other interested parties, through Federal

financial assistance and a system of incentives, to develop and maintain

conservation programs which meet national and international standards is a key

to meeting the Nation's international commitments and to better safeguarding,

for the benefit of all citizens, the Nation's heritage in fish, wildlife, and plants.

(b) Purposes. The purposes of this Act are to provide a means whereby the

ecosystems upon which endangered species and threatened species depend may be

conserved, to provide a program for the conservation of such endangered species

and threatened species, and to take such steps as may be appropriate to achieve

the purposes of the treaties and conventions set forth in subsection (a) of this section.

(1) It is further declared to be the policy of Congress that all Federal

departments and agencies shall seek to conserve endangered species and

threatened species and shall utilize their authorities in furtherance of the

purposes of this Act.

(2) It is further declared to be the policy of Congress that Federal agencies

shall cooperate with State and local agencies to resolve water resource issues

in concert with conservation of endangered species.

16 U.S.C. § 1801 (2000).

TITLE 16. CONSERVATION

CHAPTER 38. FISHERY CONSERVATION AND MANAGEMENT GENERALLY

§ 1801. Findings, purposes and policy

(a) Findings. The Congress finds and declares the following:

(1) The fish off the coasts of the United States, the highly migratory

species of the high seas, the species which dwell on or in the Continental Shelf

appertaining to the United States, and the anadromous species which spawn in

United States rivers or estuaries, constitute valuable and renewable natural

resources. These fishery resources contribute to the food supply, economy, and

health of the Nation and provide recreational opportunities.

(2) Certain stocks of fish have declined to the point where their survival is

threatened, and other stocks of fish have been so substantially reduced in

number that they could become similarly threatened as a consequence of (A)

increased fishing pressure, (B) the inadequacy of fishery resource conservation

and management practices and controls, or (C) direct and indirect habitat losses

which have resulted in a diminished capacity to support existing fishing levels.

(3) Commercial and recreational fishing constitutes a major source of

employment and contributes significantly to the economy of the Nation. Many

coastal areas are dependent upon fishing and related activities, and their

economies have been badly damaged by the overfishing of fishery resources at an

ever-increasing rate over the past decade. The activities of massive foreign

fishing fleets in waters adjacent to such coastal areas have contributed to such

damage, interfered with domestic fishing efforts, and caused destruction of the

fishing gear of United States fishermen.

(4) International fishery agreements have not been effective in preventing or

terminating the overfishing of these valuable fishery resources. There is danger

that irreversible effects from overfishing will take place before an effective

international agreement on fishery management jurisdiction can be negotiated,

signed, ratified, and implemented.

(5) Fishery resources are finite but renewable. If placed under sound

management before overfishing has caused irreversible effects, the fisheries can

be conserved and maintained so as to provide optimum yields on a continuing basis.

(6) A national program for the conservation and management of the fishery

resources of the United States is necessary to prevent overfishing, to rebuild

overfished stocks, to insure conservation, to facilitate long-term protection of

essential fish habitats, and to realize the full potential of the Nation's

fishery resources.

(7) A national program for the development of fisheries which are

underutilized or not utilized by the United States fishing industry, including

bottom fish off Alaska, is necessary to assure that our citizens benefit from

the employment, food supply, and revenue which could be generated thereby.

(8) The collection of reliable data is essential to the effective

conservation, management, and scientific understanding of the fishery resources

of the United States.

(9) One of the greatest long-term threats to the viability of commercial and

recreational fisheries is the continuing loss of marine, estuarine, and other

aquatic habitats. Habitat considerations should receive increased attention for

the conservation and management of fishery resources of the United States.

(10) Pacific Insular Areas contain unique historical, cultural, legal,

political, and geographical circumstances which make fisheries resources

important in sustaining their economic growth.

(b) Purposes. It is therefore declared to be the purposes of the Congress in

this Act--

(1) to take immediate action to conserve and manage the fishery resources

found off the coasts of the United States, and the anadromous species and

Continental Shelf fishery resources of the United States, by exercising (A)

sovereign rights for the purposes of exploring, exploiting, conserving, and

managing all fish, within the exclusive economic zone established by

Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery

management authority beyond the exclusive economic zone over such anadromous

species and Continental Shelf fishery resources;

(2) to support and encourage the implementation and enforcement of

international fishery agreements for the conservation and management of highly

migratory species, and to encourage the negotiation and implementation of

additional such agreements as necessary;

(3) to promote domestic commercial and recreational fishing under sound

conservation and management principles, including the promotion of catch and

release programs in recreational fishing;

(4) to provide for the preparation and implementation, in accordance with

national standards, of fishery management plans which will achieve and maintain,

on a continuing basis, the optimum yield from each fishery;

(5) to establish Regional Fishery Management Councils to exercise sound

judgment in the stewardship of fishery resources through the preparation,

monitoring, and revision of such plans under circumstances (A) which will enable

the State, the fishing industry, consumer and environmental organizations, and

other interested persons to participate in, and advise on, the establishment and

administration of such plans, and (B) which take into account the social and

economic needs of the States;

(6) to encourage the development by the United States fishing industry of

fisheries which are currently underutilized or not utilized by United States

fishermen, including bottom fish off Alaska, and to that end, to ensure that

optimum yield determinations promote such development in a non-wasteful manner;

and

(7) to promote the protection of essential fish habitat in the review of

projects conducted under Federal permits, licenses, or other authorities that

affect or have the potential to affect such habitat.

Act--

(1) to maintain without change the existing territorial or other ocean

jurisdiction of the United States for all purposes other than the conservation

and management of fishery resources, as provided for in this Act;

(2) to authorize no impediment to, or interference with, recognized

legitimate uses of the high seas, except as necessary for the conservation and

management of fishery resources, as provided for in this Act;

(3) to assure that the national fishery conservation and management program

utilizes, and is based upon, the best scientific information available;

involves, and is responsive to the needs of, interested and affected States and

citizens; considers efficiency; draws upon Federal, State, and academic

capabilities in carrying out research, administration, management, and

enforcement; considers the effects of fishing on immature fish and encourages

development of practical measures that minimize bycatch and avoid unnecessary

waste of fish; and is workable and effective;

(4) to permit foreign fishing consistent with the provisions of this Act;

(5) to support and encourage active United States efforts to obtain

internationally acceptable agreements which provide for effective conservation

and management of fishery resources, and to secure agreements to regulate

fishing by vessels or persons beyond the exclusive economic zones of any nation;

(6) to foster and maintain the diversity of fisheries in the United States;

and

(7) to ensure that the fishery resources adjacent to a Pacific Insular Area,

including resident or migratory stocks within the exclusive economic zone

adjacent to such areas, be explored, developed, conserved, and managed for the

benefit of the people of such area and of the United States.

16 U.S.C. § 2801 (2000).

TITLE 16. CONSERVATION

CHAPTER 48. NATIONAL AQUACULTURE POLICY, PLANNING AND DEVELOPMENT

§ 2801. Congressional findings, purpose, and policy

(a) Findings. Congress finds the following:

(1) The harvest of certain species of fish and shellfish exceeds levels of

optimum sustainable yield, thereby making it more difficult to meet the

increasing demand for aquatic food.

(2) To satisfy the domestic market for aquatic food, the United States

imports more than 50 per centum of its fish and shellfish, but this dependence

on imports adversely affects the national balance of payments and contributes to

the uncertainty of supplies.

(3) Although aquaculture currently contributes approximately 13 per centum of

world seafood production, less than 6 percent of current United States seafood

production results from aquaculture. Domestic aquacultural production,

therefore, has the potential for significant growth.

(4) Aquacultural production of aquatic plants can provide sources of food,

industrial materials, pharmaceuticals, and energy, and can assist in the control

and abatement of pollution.

(5) The rehabilitation and enhancement of fish and shellfish resources are

desirable applications of aquacultural technology.

(6) The principal responsibility for the development of aquaculture in the

United States must rest with the private sector.

(7) Despite its potential, the development of aquaculture in the United

States has been inhibited by many scientific, economic, legal, and production

factors, such as inadequate credit, diffused legal jurisdiction, the lack of

management information, the lack of supportive Government policies, and the lack

of reliable supplies of seed stock.

(8) Many areas of the United States are suitable for aquaculture, but are

subject to land-use or water-use management policies that do not adequately

consider the potential for aquaculture and may inhibit the development of

aquaculture.

(b) Purpose. It is the purpose of this Act [16 USCS §§ 2801 et seq.] to promote

aquaculture in the United States by--

(1) declaring a national aquaculture policy;

(2) establishing and implementing a national aquaculture development plan;

(3) establishing the Department of Agriculture as the lead Federal agency

with respect to the coordination and dissemination of national aquaculture

information by designating the Secretary of Agriculture as the permanent

chairman of the coordinating group and by establishing a National Aquaculture

Information Center within the Department of Agriculture; and

(4) encouraging aquaculture activities and programs in both the public and

private sectors of the economy;

that will result in increased aquacultural production, the coordination of

domestic aquaculture efforts, the conservation and enhancement of aquatic

resources, the creation of new industries and job opportunities, and other

national benefits.

the United States trade deficit in fisheries products, for augmenting existing

commercial and recreational fisheries and for producing other renewable

resources, thereby assisting the United States in meeting its future food needs

and contributing to the solution of world resource problems. It is, therefore,

in the national interest, and it is the national policy, to encourage the

development of aquaculture in the United States.

16 U.S.C. § 4001 (2000).

TITLE 16. CONSERVATION

CHAPTER 60. FISH AND SEAFOOD PROMOTION

§ 4001. Findings

The Congress finds that--

(1) the commercial fishing industry of the United States significantly

contributes to the national economy, and could make a greater contribution if

fish resources within the United States Exclusive Economic Zone were more fully utilized;

(2) the commercial fisheries of the United States provide significant

employment in coastal areas and in processing and distribution centers;

(3) fish contribute an important nutritional component to the American diet;

(4) increased consumption of seafood in the United States could significantly

lower the risk of many cardiovascular diseases;

(5) Federally supported development programs for commercial fisheries are

unable to meet present and future marketing needs;

(6) many fish species are underutilized by the United States fishing industry

because of underdeveloped markets; and

(7) the United States fishing industry has the potential to expand greatly

its contribution to interstate and foreign commerce, favorably affecting the

balance of trade.

16 U.S.C. § 4002 (2000).