Page:United States Statutes at Large Volume 94 Part 3.djvu/641

 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 program 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, modification, 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.

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 implementing the program.

79-194

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16 USC 3336.

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