16 U.S.C. § 4103: Apportionment

Summary

Each year on October 1 (or soon after), the Secretary must divide the program money among the States. The share a State gets is based on a three-year average of the fish that domestic commercial fishermen landed and that were received in that State. The formula gives equal weight to how much fish were landed (by weight) and how much money they brought in, and uses the three most recent calendar years for which the Secretary has acceptable data. There are minimum and maximum rules. For fiscal years 1987 and 1988, no State can get less than 0.5% of the total. After 1988, any State with a formula share of at least one-third of one percent must get at least 1%. States with a formula share below one-third of one percent get money only if they meet one of four cooperative or location conditions (interstate compact, certain agreements for shared enforcement, bordering the Great Lakes, or having an interstate fisheries agreement and program); such States that qualify still get at least 0.5%. No State can get more than 6% in any year. Any State money not used, refused, or returned is added to the next year’s funds and treated as if it were for that next year; refusals or returns are final.

Title 16, §4103

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(a)Time when apportionments made

Funds appropriated under section 4107(a) of this title shall be apportioned by the Secretary among the States on October 1 of each fiscal year, or as soon thereafter as practicable.

(b)Apportionment formula

The amount of funds apportioned to each State shall be determined by the Secretary as the ratio which the equally weighted average of the volume and value of fishery resources harvested by domestic commercial fishermen and received within such State during the 3 most recent calendar years for which data satisfactory to the Secretary are available bears to the total equally weighted average of the volume and value of all fishery resources harvested by domestic commercial fishermen received within all of the States during those calendar years.

(c)Limitations

(1)No State may receive an apportionment under subsection (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 that, under the apportionment formula in subsection (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 may receive an apportionment under this section for any fiscal year if that State’s ratio under the apportionment formula in subsection (b) is less than one-third of one percent, unless the State—

(A)is signatory to an interstate fishery compact;

(B)has entered into an agreement with the Secretary or the Secretary of the Interior under which the personnel, services, and equipment of the State and the Federal agency concerned will be made mutually available for the enforcement of Federal and State laws pertaining to the protection of fishery resources which are managed under an interstate fishery management plan;

(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 that, under the apportionment formula in subsection (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 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—

(1)that is not obligated during that year;

(2)with respect to which the State notifies the Secretary that it does not wish to receive that part; or

(3)that is returned to the Secretary by the State,

may not be considered to be apportioned to that State and shall be added to such funds as are appropriated pursuant to section 4107(a) 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). Any notification or return of funds referred to in paragraph (2) or (3) by a State is irrevocable.

Notes & Related Subsidiaries

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.

§4103 Apportionment