---
kind: "section"
citation: "16 U.S.C. § 3333"
title: "16"
title_heading: "Conservation"
number: "3333"
heading: "Program approval"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3333"
units:
  - "Chapter 52 — Salmon and Steelhead Conservation and Enhancement"
  - "Subchapter IV — Commercial Fishing Fleet Adjustment"
---

# §3333. Program approval

- (a) **Submission for approval—** The [State](/usc/16/590q.md?p=a) shall submit its program and submit revisions, modifications, or amendments to the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with standards established pursuant to [section 3332 of this title](/usc/16/3332.md) and in such manner and form as the [Secretary](/usc/16/410r–5.md?p=c-1) 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 subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) must find that—
  - (1) the [State](/usc/16/590q.md?p=a), acting through its chosen agency or agencies, has authority to carry out a commercial and [charter vessel](/usc/16/3302.md?p=2) fleet reduction program in accordance with the provisions of this subchapter;
  - (2) the [State](/usc/16/590q.md?p=a) program provides that a fishing or [charter vessel](/usc/16/3302.md?p=2) may not be purchased by the [State](/usc/16/590q.md?p=a) from other than the [person](/usc/16/450rr–1.md?p=b) who owned the vessel on December 22, 1980;
  - (3) the [State](/usc/16/590q.md?p=a) program prevents the expenditure of a disproportionate amount of funds available for vessel [acquisition](/usc/16/620e.md?p=1) on vessels owned by any one [person](/usc/16/450rr–1.md?p=b);
  - (4) the [State](/usc/16/590q.md?p=a) program prohibits the purchase of any fishing or [charter vessel](/usc/16/3302.md?p=2) unless all [State](/usc/16/590q.md?p=a) commercial and charter [salmon](/usc/16/3302.md?p=11) fishing licenses attached to the vessel are also sold to the [State](/usc/16/590q.md?p=a);
  - (5) the [State](/usc/16/590q.md?p=a) program provides that no [person](/usc/16/450rr–1.md?p=b) may purchase from the [State](/usc/16/590q.md?p=a) any vessel which that [person](/usc/16/450rr–1.md?p=b) or a member of that [person](/usc/16/450rr–1.md?p=b)’s immediate family had previously sold to the [State](/usc/16/590q.md?p=a);
  - (6) the [State](/usc/16/590q.md?p=a) program provides that no [person](/usc/16/450rr–1.md?p=b) may purchase any vessel sold to the [State](/usc/16/590q.md?p=a) pursuant to the program and use such vessel for commercial or charter [salmon](/usc/16/3302.md?p=11) fishing in the [Washington conservation area](/usc/16/3302.md?p=17), unless [State](/usc/16/590q.md?p=a) 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](/usc/16/590q.md?p=a) program provides for purchase of vessels at their fair market value;
  - (8) the [State](/usc/16/590q.md?p=a) program provides for the reduction of [salmon](/usc/16/3302.md?p=11) 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](/usc/16/3302.md?p=11) fishery;
    - (B) recognize productiveness if the commercial harvesters using a gear type wish[^1] that gear type’s specific allocation of funds to recognize productiveness; and
    - (C) recognize passenger-carrying capacity for [charter fishing](/usc/16/3302.md?p=3) licenses;
  - (9) the [State](/usc/16/590q.md?p=a) program provides, with respect to marginally productive commercial [salmon](/usc/16/3302.md?p=11) fishermen, for the purchase of their [salmon](/usc/16/3302.md?p=11) fishing licenses, but not their [fishing vessels](/usc/16/3302.md?p=7);
  - (10) the [State](/usc/16/590q.md?p=a) maintains a moratorium, or similar program, to preclude the issuance of new commercial or charter [salmon](/usc/16/3302.md?p=11) fishing licenses; and
  - (11) the [State](/usc/16/590q.md?p=a) has established a revolving fund for the operation of the fleet reduction program that includes an individual account for each category of fishing license (based on type of fishing gear used) and that any moneys received by the [State](/usc/16/590q.md?p=a) or its agents from the resale of any [fishing vessel](/usc/16/3302.md?p=7) 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](/usc/16/3302.md?p=6) and [charter vessels](/usc/16/3302.md?p=2) and licenses in accordance with the provisions of this subchapter.
- (c) **Secretarial action—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall approve such program within ninety days of the date of receipt of the program if found to be consistent with this chapter and other applicable law. If the [Secretary](/usc/16/410r–5.md?p=c-1) finds that such program is not in conformity with the provisions of this chapter or other applicable law, he shall return such program to the [State](/usc/16/590q.md?p=a) 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 chapter or other applicable law.

## Footnotes

[^1]: So in original. Probably should be “with”.

## Source credit

(Pub. L. 96–561, title I, § 132, Dec. 22, 1980, 94 Stat. 3284.)