Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Anadromous Fish Conservation Act

Anadromous Fish Conservation Act (16 USC 757a-757g; 79 Stat. 1125) as amended -- Public Law 89-304, October 30, 1965, authorizes the Secretaries of the Interior and Commerce to enter into cooperative agreements with the States and other non-Federal interests for conservation, development, and enhancement of anadromous fish, including those in the Great Lakes, and to contribute up to 50 percent as the Federal share of the cost of carrying out such agreements.

Authorized are investigations, engineering and biological surveys, research, stream clearance, construction, maintenance and operations of hatcheries and devices and structures for improving movement, feeding and spawning conditions. Also authorized is construction by the Bureau of Reclamation and the Army Corps of Engineers of water resource projects needed solely for such fish.

The Service is authorized to conduct studies and make recommendations to EPA concerning measures for eliminating or reducing polluting substances detrimental to fish and wildlife in interstate or navigable waters, or their tributaries.

The Act was amended by P.L.91-249, May 14, 1970 (84 Stat. 214) and by P.L. 93-362, July 30, 1974 (88 Stat. 398) to extend and increase the authorization of appropriations through June 30, 1979, and to make various technical and clarifying changes in the law for sea lamprey control programs.

Public Law 95-464, October 17, 1978 (92 Stat. 1278) amended the Act to include under its provisions fish in Lake Champlain that ascend streams to spawn.

Public Law 96-118, November 16, 1979 (93 Stat. 859) extended and increased authorizations of appropriations through September 30, 1982. It also authorized appropriations for emergency investigation of the causes of the decline of striped bass in Atlantic coastal waters, and provided for an annual report. (Amended in 1991 by P.L.102-130. See below.)

Public Law 97-453, January 12, 1983 (96 Stat. 2492) extended the authorization for grant-in-aid program under section 4(a) at $7.5 million through FY 1985, extended the authorization for the emergency striped bass study through FY 1984 at an annual level of $1 million, and added a new section 1(c)(2) which provided for 90 percent Federal matching for any grant under section 4(a) to carry out activities under an interstate management plan for anadromous fishery resources.

Public Law 98-44, July 12, 1983 (97 Stat. 216) qualified plans prepared by an "interstate commission" for "up to" 90 percent funding.

Public Law 98-146, November 4, 1983 (97 Stat. 922) amended the Act to qualify Idaho "on an equal standing with other States."

Public Law 98-613, October 31, 1984 (98 Stat. 3190) authorized appropriations for section 7 (striped bass study) of the Act through FY 1985.

Public Law 99-659, November 14, 1986 (100 Stat. 3737) extended the authorization under section 4 at $7.7 million for FY 1987, $7.9 million for FY 1988, and $8.1 million for FY 1989.

P.L.100-589, approved November 3, 1988 (102 Stat. 2984) extended the authorization of appropriations for section 7 of the Act through fiscal year 1991.

Public Law 101-627, approved November 28, 1991 (104 Stat. 4462) extended the authorization under Section 4 through fiscal year 1995 at $8 million per year.

Public Law 102-130, approved October 17, 1991 (105 Stat. 626) extended the authorization of appropriations for section 7 through fiscal year 1994. This act also significantly amended the study provisions to direct it away from its original purpose of investigating the causes of the population decline, toward restoration and management information purposes.

Public Law 104-297, approved October 11, 1996 (110 Stat. 3619) extended the authorization of appropriations for section 4 at $4M for 1997 and $4.25M through fiscal year 2000. This act also limits the amount appropriated to any one state in a fiscal year to $625,000.

Public Law 105-146, approved December 16, 1997 (111 Stat. 2677) repealed section 757g of the subtitle which authorized population studies of striped bass.

Public Law 107-372, approved December 19, 2002 (116 Stat. 3095), extended the authorization of appropriations at section 757d to include $4,750,000 for each of the fiscal years 2003 and 2004 and $5,000,000 for each of the fiscal years 2005 and 2006.

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