Anadromous Fish Conservation Act Law and Legal Definition

The Anadromous Fish Conservation Act (“Act”) is a U.S. federal law enacted in 1965 to conserve, develop, and enhance: the anadromous fish resources of the U.S. that are subject to depletion from water resources development and other causes, or with respect to which the U.S. has made conservation commitments by international agreements; the fish in the Great Lakes and Lake Champlain that ascend streams to spawn. The provisions of the Act are found under 16 USCS §§ 757a-757f.

Pursuant to the Act, the Secretary of the Interior is directed to enter into agreements with states and other non-federal interests to conserve, develop, and enhance the anadromous fish resources of the United States.

Such agreements shall describe: (1) the actions to be taken by the Secretary and the cooperating parties, (2) the benefits that are expected to be derived by the States and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the States and other non-Federal interests, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property acquired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable. [16 USCS § 757a].

The following is an example of a federal statute detailing the authority of the Secretary with regard to Anadromous and Great Lakes fisheries; development, and management:

16 USCS § 757b. Authority of the Secretary with regard to Anadromous and Great Lakes fisheries; development and management.

The Secretary, in accordance with any agreements entered into pursuant to section 1(a) of this Act [16 USCS § 757a(1)], is authorized (1) to conduct such investigations, engineering and biological surveys, and research as may be desirable to carry out the program; (2) to carry out stream clearance activities; (3) to construct, install, maintain, and operate devices and structures for the improvement of feeding and spawning conditions, for the protection of fishery resources, and for facilitating the free migration of the fish, and for the control of the sea lamprey; (4) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act [16 USCS §§ 757a-757g]; (5) to conduct such studies and make such recommendations as the Secretary determines to be appropriate regarding the development and management of any stream or other body of water for the conservation and enhancement of anadromous fishery resources and the fish in the Great Lakes and Lake Champlain that ascend streams to spawn: Provided, That the reports on such studies and the recommendations of the Secretary shall be transmitted to the States, the Congress, and the Federal water resources construction agencies for their information: Provided further, That this Act [16 USCS §§ 757a-757g] shall not be construed as authorizing the formulation or construction of water resources project, except that water resources projects which are determined by the Seretary [Secretary] to be needed solely for the conservation, protection, and enhancement of such fish may be planned and constructed by the Bureau of Reclamation in its currently authorized geographic area of responsibility, or by the Corps of Engineers, or by the Department of Agriculture, or by the States, with funds made available by the Secretary under this Act [16 USCS §§ 757a-757g] and subject to the cost-sharing and appropriations provisions of this Act [16 USCS §§ 757a-757g]; (6) to acquire lands or interests therein by purchase, lease, donation, or exchange for acquired lands or public lands under his jurisdiction which he finds suitable for disposition: Provided, That the lands or interests therein so exchanged shall involve approximately equal values, as determined by the Secretary: Provided further, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged; (7) to accept donations of funds and to use such funds to acquire or manage lands or interests therein; and (8) to administer such lands or interests therein for the purposes of this Act [16 USCS §§ 757a-757g]. Title to lands or interests therein acquired pursuant to this Act [16 USCS §§ 757a-757g] shall be in the cooperating States or other non-Federal interests.