---
kind: "section"
citation: "16 U.S.C. § 4103"
title: "16"
title_heading: "Conservation"
number: "4103"
heading: "Apportionment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4103"
units:
  - "Chapter 61 — Interjurisdictional Fisheries"
---

# §4103. Apportionment

- (a) **Time when apportionments made—** Funds appropriated under [section 4107(a)](/usc/16/4107.md)[^1] of this title shall be apportioned by the [Secretary](/usc/16/4102.md?p=8) among the [States](/usc/16/544.md?p=r) on October 1 of each fiscal year, or as soon thereafter as practicable.
- (b) **Apportionment formula—** The amount of funds apportioned to each [State](/usc/16/4102.md?p=9) shall be determined by the [Secretary](/usc/16/4102.md?p=8) as the ratio which the equally weighted average of the volume and value of [fishery resources](/usc/16/4102.md?p=2) harvested by domestic commercial fishermen and received within such [State](/usc/16/4102.md?p=9) during the 3 most recent calendar years for which data satisfactory to the [Secretary](/usc/16/4102.md?p=8) are available bears to the total equally weighted average of the volume and value of all [fishery resources](/usc/16/4102.md?p=2) harvested by domestic commercial fishermen received within all of the [States](/usc/16/544.md?p=r) during those calendar years.
- (c) **Limitations—**
  - (1) No [State](/usc/16/4102.md?p=9) may receive an apportionment under [subsection (b)](#b) for either fiscal year 1987 or fiscal year 1988 which is less than one-half of one percent of the total amount of funds available for that fiscal year.
  - (2) For any fiscal year after fiscal year 1988, no [State](/usc/16/4102.md?p=9) that, under the apportionment formula in [subsection (b)](#b), has a ratio of one-third of one percent or higher may receive an apportionment for any fiscal year which is less than one percent of the total amount of funds available for that fiscal year.
  - (3) For any fiscal year after fiscal year 1988, no [State](/usc/16/4102.md?p=9) may receive an apportionment under this section for any fiscal year if that [State](/usc/16/4102.md?p=9)’s ratio under the apportionment formula in [subsection (b)](#b) is less than one-third of one percent, unless the [State](/usc/16/4102.md?p=9)—
    - (A) is signatory to an interstate fishery compact;
    - (B) has entered into an agreement with the [Secretary](/usc/16/4102.md?p=8) or the [Secretary](/usc/16/4102.md?p=8) of the Interior under which the personnel, services, and equipment of the [State](/usc/16/4102.md?p=9) and the Federal agency concerned will be made mutually available for the enforcement of Federal and [State](/usc/16/4102.md?p=9) laws pertaining to the protection of [fishery resources](/usc/16/4102.md?p=2) which are managed under an [interstate fishery management plan](/usc/16/4102.md?p=4);
    - (C) borders one or more of the Great Lakes; or
    - (D) has entered into an interstate cooperative fishery management agreement and has in effect an interstate fisheries management or interstate fisheries research program.
  - (4) No [State](/usc/16/4102.md?p=9) that, under the apportionment formula in [subsection (b)](#b), has a ratio of less than one-third of one percent and meets any of the requirements set forth in paragraph (1)(A), (B), (C), or (D) may receive an apportionment for any fiscal year which is less than one-half of one percent of the total amount of funds available for apportionment for such fiscal year.
  - (5) No [State](/usc/16/4102.md?p=9) may receive an apportionment for any fiscal year under this section which is more than 6 percent of the total amount of funds available for apportionment for such fiscal year.
- (d) **Unused apportionments—** Any part of an apportionment for any fiscal year to any [State](/usc/16/4102.md?p=9)—
  - (1) that is not obligated during that year;
  - (2) with respect to which the [State](/usc/16/4102.md?p=9) notifies the [Secretary](/usc/16/4102.md?p=8) that it does not wish to receive that part; or
  - (3) that is returned to the [Secretary](/usc/16/4102.md?p=8) by the [State](/usc/16/4102.md?p=9),

  may not be considered to be apportioned to that [State](/usc/16/4102.md?p=9) and shall be added to such funds as are appropriated pursuant to [section 4107(a)](/usc/16/4107.md)[^1] of this title for the next fiscal year (and shall be treated as having been appropriated for such next year) for apportionment under [subsection (a)](#a). Any notification or return of funds referred to in paragraph [(2)](#d-2) or [(3)](#d-3) by a [State](/usc/16/4102.md?p=9) is irrevocable.


## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 99–659, title III, § 304, Nov. 14, 1986, 100 Stat. 3733; Pub. L. 101–627, title V, § 501, Nov. 28, 1990, 104 Stat. 4462.)

## Notes

### Editorial Notes

### References in Text

Section 4107 of this title, referred to in subsecs. (a) and (d), was repealed by Pub. L. 117–328, div. S, title II, § 204(a), Dec. 29, 2022, 136 Stat. 5270.

### Amendments

1990—Subsec. (c)(3)(B). Pub. L. 101–627 inserted “which are managed under an interstate fishery management plan” before semicolon at end.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title.