§3333 Program Approval

Summary

States must send their commercial and charter vessel reduction program and any changes to the Secretary in the form and way the Secretary requires. The Secretary will only approve the program and allow federal money if the program meets 11 rules. The rules say the State must have the legal power to run the program; buy a vessel only from the person who owned it on December 22, 1980; avoid spending a large share of funds on vessels owned by one person; require that any commercial or charter salmon fishing licenses tied to a bought vessel also be sold to the State; bar a person (or their immediate family) from buying back a vessel they sold to the State; keep vessels bought from being used for commercial or charter salmon fishing in the Washington conservation area unless state law shows it won’t add non‑Indian fishing effort; pay fair market value for vessels; reduce salmon fishing licenses by buying them at fair market value and using bonuses to encourage early retirement, reward productive gear types, and account for charter passenger capacity; buy only licenses (not vessels) from marginally productive commercial fishermen; keep a moratorium on new commercial or charter salmon licenses; and create a revolving fund with separate accounts by gear type that puts resale money into the fund for at least 2 years and uses it only to buy vessels and licenses under the program. The Secretary must approve a compliant program within 90 days of receipt. Revisions must be approved within 30 days unless they conflict with the law.