The Anadromous Fish Conservation Act authorizes the Secretary of Commerce, along with the Secretary of Interior, or both, to enter into cooperative agreements to protect anadromous and Great Lakes fishery resources.
The term “anadromous” refers to those fish that spawn in freshwater and live most of their lives in saltwater. However, the term is often used interchangeably with “diadromous,” which refers to any fish that migrate between saltwater and freshwater. Salmon and Atlantic striped bass are affected by this law.
This Act was implemented through the National Marine Fisheries Service within the U.S. Department of Commerce and through the Fish and Wildlife Service within the U.S. Department of the Interior.
This Act was adopted 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 and for conserving, developing, and enhancing the fish in the Great Lakes and Lake Champlain that ascend streams to spawn[i].
The Secretary of the Interior is authorized to enter into cooperative agreements with one or more States and with other non-Federal interests that are concerned with the development, conservation, and enhancement of such anadromous fish whenever s/he deems it appropriate.
The agreement shall include the actions to be taken, the benefits expected, the estimated costs, the cost distribution between the involved parties, the term of the agreement, the terms and conditions for disposal of property acquired by the Secretary, and any other pertinent terms and conditions.
Pursuant to such agreements, the Secretary shall conduct investigations, engineering and biological surveys and research; carry out stream clearance activities; construct, install, maintain, and operate devices and structures to improve feeding and spawning conditions, to protect fishery resources, to facilitate free migration of the fish, and to control sea lamprey; construct, operate, and maintain fish hatcheries; conduct studies and make recommendations regarding the development and management of a stream or other body of water consistent with the intent of the Act; acquire lands or interest therein; accept donations of funds for the acquisition or management of lands or interests; and administer such lands or interest therein in a manner consistent with the intent of this Act. Title to lands or interests therein acquired pursuant to this Act shall be in the cooperating States or other non-Federal interests[ii].
On the basis of studies, the Secretary should make recommendations to the Secretary of Health and Human Services on the elimination or reduction of polluting substances that are hazardous to fish and wildlife in interstate or navigable waters. These recommendations should be designed to enhance water quality and take into consideration other legitimate uses of the waters[iii].
In cooperation with the states or other non-federal interests, the Secretary is charged with conducting scientific studies of the anadromous stocks of Atlantic striped bass. The Secretary should make annual reports to Congress concerning the progress and findings of these studies and make recommendations for the improvement of striped bass populations[iv].
The Secretary shall also enter into agreements with the States for the operation of any fiscal, management, and administration of any lands or interests therein acquired or facilities constructed pursuant to this Act.
[i] 16 USCS § 757a.
[ii] 16 USCS § 757b.
[iii] 16 USCS § 757f.
[iv] 16 USCS § 757g.
