Overview. This Act authorizes the Secretary of the Interior to enter into agreements with states and other non-federal interests to conserve, develop and enhance the anadromous fish resources of the U.S.
Findings/Policy. The Act was adopted to conserve, develop, and enhance: the anadromous fish resources of the U.S. that are subject to depletion from water resources development and other causes, or with respect to which the U.S. has made conservation commitments by international agreements; the fish in the Great Lakes and Lake Champlain that ascend streams to spawn. § 757a.
Cooperative Agreements. Congress has authorized the Secretary of the Interior to enter into cooperative agreements with states or other non-federal interests to meet the purposes of the Act. Included in the agreement must be a description of: the actions to be taken by the Secretary and the cooperating parties; the benefits to be derived by the parties; the estimated costs; each party's share of the costs; the agreement term; the terms and conditions for disposing of real or personal property acquired by the Secretary during or at the end of the agreement term; other terms and conditions the Secretary deems appropriate.
Generally, the federal share of the costs is not to exceed 50 percent, including facility operation and maintenance, exclusive of any federal land involved. The non-federal share may be in the form of real or personal property or money. The federal share may be increased to 66 2/3 percent whenever two or more states having a common interest in a basin carry out a research and development program jointly. It can be increased to up to 90 percent if a state has implemented an interstate fisheries management plan prepared by an interstate commission. § 757a.
In accordance with agreements entered into, the Secretary may: conduct investigations, engineering and biological surveys, and research; carry out stream clearance activities; construct, install, maintain, and operate devices and structures to improve feeding and spawning conditions, to protect fishery resources, to facilitate free migration of the fish, and to control the sea lamprey; construct, operate, and maintain fish hatcheries; conduct studies and make recommendations regarding the development and management of a stream or other body of water, provided that these reports are sent to the states, Congress, and federal water resources construction agencies; acquire lands or interests therein by purchase, lease, donation, or exchange; accept donations of funds for the acquisition or management of lands or interests therein. Title to lands or interests acquired shall be in the cooperating states or other non-federal interests. § 757b.
Studies on Pollution. On the basis of studies, the Secretary must make recommendations to the Secretary of Health and Human Services on the elimination or reduction of polluting substances detrimental to fish and wildlife in interstate or navigable waters. These recommendations and any enforcement measures the later Secretary designates must be designed to enhance water quality and take into consideration other legitimate uses of the waters. § 757f.
Striped Bass Population Studies. In cooperation with the states or other non-federal interests, the Secretary is charged with conducting scientific studies of the anadromous stocks of Atlantic striped bass. These studies shall include: estimates of recruitment, spawning potential, mortality rates, stock composition of coastal fisheries, and other population parameters; investigations of factors affecting abundance of striped bass, including analyses of the extent and causes of mortality at successive life stages; monitoring population abundance, age and sex composition of striped bass stocks. The Secretary must make annual reports to Congress concerning the progress and findings of these studies and make recommendations for the improvement of striped bass populations. Congress authorized appropriations for the studies not to exceed $1,000,000 for each of the fiscal years 1991-1994. § 757g.
Appropriations Authorized. Congress authorized appropriations of $8,000,000 for each of the fiscal years 1990-1995, limiting the amount to be obligated in any one state to $1,250,000 a year. In 1996, the Act was amended to authorize appropriations for the years 1997-2000. Congress authorized to be appropriated $4,000,000 for fiscal year 1997 and $4,250,000 for each of fiscal years 1998-2000. Not more than $625,000 of the sums appropriated in any one fiscal year may be obligated in any one state. § 757d.