Page:United States Statutes at Large Volume 94 Part 3.djvu/640

 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 USC 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 USC 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 program 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 disproportionate 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 Washington 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 fishing licenses;

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