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16 USC CHAPTER 9 - FISH AND WILDLIFE ACT

-CITE-
16 USC CHAPTER 9 - FISH AND WILDLIFE SERVICE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-MISC1-
Sec.
741, 742. Repealed or Omitted.
742a. Declaration of policy.
742b. United States Fish and Wildlife Service.
(a) Assistant Secretary for Fish and Wildlife.
(b) Establishment; Director of United States Fish
and Wildlife Service; appointment;
qualifications.
(c) Succession to United States Fish and Wildlife
Service and Bureau of Sport Fisheries and
Wildlife.
(d) Functions and responsibilities of Secretary of
the Interior.
742b-1. Assistant Director for Wildlife and Sport Fish
Restoration Programs.
(a) Establishment.
(b) Superior.
(c) Responsibilities.
742c. Loans for financing or refinancing of cost of
purchasing, constructing, equipping, maintaining,
repairing, or operating commercial fishing vessels or
gear.
(a) Authorization.
(b) Conditions.
(c) Fisheries loan fund; interest payments on
appropriations available as capital to the
fund less average undispersed cash balance.
(d) Modification of loan contract.
(e) Chartering vessels; loans to Alaskan earthquake
victims; termination date.
742c-1. Investment in obligations of the United States;
proceeds to be used for fisheries.
742d. Investigations; preparation and dissemination of
information; reports.
742d-1. Studies of effects in use of chemicals.
742e. Transfer of functions to Secretary.
(a) Functions of Secretaries of Agriculture,
Commerce, etc.
(b) Transfer of personnel, property, records, etc.
(c) Cooperation of other departments and agencies.
742f. Powers of Secretaries of the Interior and Commerce.
(a) Policies, procedures, and recommendations.
(b) Gifts, devises, or bequests for performance of
activities and services of United States Fish
and Wildlife Service; restrictive or
affirmative covenants or conditions of
servitude; separate account in Treasury;
disbursement orders; gifts or bequests to
United States for Federal tax purposes.
(c) Volunteer services; incidental expenses;
Federal employee status; authorization of
appropriations.
(d) Community partnership enhancement.
(e) Refuge education program enhancement.
(f) Authorization of appropriations.
742g. Cooperation with State Department.
(a) Representation at international meetings.
(b) Consultation with officials responsible for
technical and economic aid.
(c) International negotiations.
(d) Consultation with governmental, private
nonprofit, and other organizations.
742h. Reports on fishery products.
742i. Effect on rights of States and international
commissions.
742j. Authorization of appropriations.
742j-1. Airborne hunting.
(a) Prohibition; penalty.
(b) Exception; report of State to Secretary.
(c) "Aircraft" defined.
(d) Enforcement; regulations; arrest; search;
issuance and execution of warrants and
process; cooperative agreements.
(e) Forfeiture.
(f) Certain customs laws applied.
742j-2. Uniform allowance.
742k. Management and disposition of vessels and other
property acquired and arising out of fishery loans or
related type of activities.
742l. Enforcement authority for the protection of fish and
wildlife resources.
(a) Law enforcement training program.
(b) Law enforcement cooperative agreement.
(c) Disposal of abandoned or forfeited property.
(d) Disclaimer.
(e) to (j) Omitted.
(k) Law enforcement operations.
742m. Relinquishment of exclusive legislative jurisdiction.
743. Repealed.
743a. Detail of personnel and loan of equipment to Director
of Bureau of Sport Fisheries and Wildlife.
(a) "Agency" defined.
(b) Personnel and equipment available.
(c) Reports to Congress.
744. Investigations; fish propagation; investigations of
damages by predacious fishes; executive assistance.
745. Powers of Secretary.
746. Vessels of Fish and Wildlife Service.
746a. Operation and maintenance fees for the M/V Tiglax and
other vessels.
747. Omitted.
748. Expenditure of appropriations for propagation of food
fishes.
749. Omitted.
750. Station on Mississippi River for rescue of fishes and
propagation of mussels.
751. Personnel.
752. Omitted.
753. Cooperative work.
753a. Cooperative research and training programs for fish
and wildlife resources.
753b. Authorization of appropriations.
754. Commutation of rations for officers and crews of
vessels of Service.
754a. Appropriations for United States Fish and Wildlife
Service; purchases from.
754b. Funds from private entities credited to Resource
Management account.
754c. Work under reimbursable agreements; recording
obligations and crediting amounts received.
754d. Fee schedule for forensic laboratory services.

-End-



-CITE-
16 USC Sec. 741 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 741. Repealed. Pub. L. 88-488, title IV, Sec. 402(a)(3), Aug.
19, 1964, 78 Stat. 492

-MISC1-
Section, R.S. Sec. 4395; acts Jan. 20, 1888, ch. 1, 25 Stat. 1;
Feb. 27, 1925, ch. 364, 43 Stat. 1046, related to appointment, etc.
of a Commissioner of Fisheries.

-End-



-CITE-
16 USC Sec. 742 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742. Omitted

-COD-
CODIFICATION
Section, acts Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1436; Mar.
4, 1913, ch. 141, Sec. 1, 37 Stat. 736, provided for an acting
Commissioner of Fisheries.


-TRANS-
TRANSFER OF FUNCTIONS
Reorg. Plan No. II of 1939, Sec. 4(e), (f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions, and Bureau of Biological Survey in Department of
Agriculture and its functions, to Department of the Interior, to be
administered under direction and supervision of Secretary of the
Interior.
Reorg. Plan No. III of 1940, Sec. 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and
Bureau of Biological Survey into one agency in Department of the
Interior to be known as the Fish and Wildlife Service. It was
further provided that functions of consolidated agency should be
administered under direction and supervision of Secretary of the
Interior by a director and assistants, and that offices of
Commissioner and Deputy Commissioner of Fisheries and offices of
Chief and Associate Chief of Bureau of Biological Survey should be
abolished and their functions transferred to consolidated agency.
The Fish and Wildlife Service, created by Reorg. Plan No. III of
1940 was succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1119.
See section 742b of this title.


-EXEC-
EX. ORD. NO. 9634. ESTABLISHMENT OF FISHERY CONSERVATION ZONES
Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 12305, provided in
part:
By virtue of and pursuant to the authority vested in me as
President of the United States, it is hereby ordered that the
Secretary of State and the Secretary of the Interior shall from
time to time jointly recommend the establishment by Executive
orders of fishery conservation zones in areas of the high seas
contiguous to the coasts of the United States, pursuant to the
proclamation entitled "Policy of the United States With Respect to
Coastal Fisheries in Certain Areas of the High Seas" [Proc. No.
2668, Sept. 28, 1945, 10 F.R. 12304], this day signed by me, and
said Secretaries shall in each case recommend provisions to be
incorporated in such orders relating to the administration,
regulation and control of the fishery resources of and fishing
activities in such zones, pursuant to authority of law heretofore
or hereafter provided.
Harry S Truman.

-End-



-CITE-
16 USC Sec. 742a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742a. Declaration of policy

-STATUTE-
The Congress declares that the fish, shellfish, and wildlife
resources of the Nation make a material contribution to our
national economy and food supply, as well as a material
contribution to the health, recreation, and well-being of our
citizens; that such resources are a living, renewable form of
national wealth that is capable of being maintained and greatly
increased with proper management, but equally capable of
destruction if neglected or unwisely exploited; that such resources
afford outdoor recreation throughout the Nation and provide
employment, directly or indirectly, to a substantial number of
citizens; that the fishing industries strengthen the defense of the
United States through the provision of a trained seafaring
citizenry and action-ready fleets of seaworthy vessels; that the
training and sport afforded by fish and wildlife resources
strengthen the national defense by contributing to the general
health and physical fitness of millions of citizens; and that
properly developed, such fish and wildlife resources are capable of
steadily increasing these valuable contributions to the life of the
Nation.
The Congress further declares that the fishing industry, in its
several branches, can prosper and thus fulfill its proper function
in national life only if certain fundamental needs are satisfied by
means that are consistent with the public interest and in accord
with constitutional functions of governments. Among these needs
are:
(1) Freedom of enterprise - freedom to develop new areas,
methods, products, and markets in accordance with sound economic
principles, as well as freedom from unnecessary administrative or
legal restrictions that unreasonably conflict with or ignore
economic needs;
(2) Protection of opportunity - maintenance of an economic
atmosphere in which domestic production and processing can
prosper; protection from subsidized competing products;
protection of opportunity to fish on the high seas in accordance
with international law;
(3) Assistance - assistance consistent with that provided by
the Government for industry generally, such as is involved in
promoting good industrial relations, fair trade standards,
harmonious labor relations, better health standards and
sanitation; and including, but not limited to -
(a) services to provide current information on production and
trade, market promotion and development, and an extension
service,
(b) research services for economic and technologic
development and resource conservation, and
(c) resource management to assure the maximum sustainable
production for the fisheries.

The Congress further declares that the provisions of this Act are
necessary in order to accomplish the objective of proper resource
development, and that this Act shall be administered with due
regard to the inherent right of every citizen and resident of the
United States to engage in fishing for his own pleasure, enjoyment,
and betterment, and with the intent of maintaining and increasing
the public opportunities for recreational use of our fish and
wildlife resources, and stimulating the development of a strong,
prosperous, and thriving fishery and fish processing industry.

-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 2, 70 Stat. 1119.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70
Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,
which is classified generally to sections 742a to 742d and 742e to
742j-2 of this title. For complete classification of this Act to
the Code, see Short Title note below and Tables.


-MISC1-
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-328, Sec. 1, Oct. 30, 1998, 112 Stat. 3057, provided
that: "This Act [amending section 742l of this title and enacting
provisions set out as a note under section 742l of this title] may
be cited as the 'Fish and Wildlife Revenue Enhancement Act of
1998'."
Pub. L. 105-242, Sec. 1, Oct. 5, 1998, 112 Stat. 1574, provided
that: "This Act [amending section 742f of this title and enacting
provisions set out as notes under section 742f of this title] may
be cited as the 'National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998'."

SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-616, Sec. 1, Nov. 8, 1978, 92 Stat. 3110, provided:
"That this Act [enacting sections 695j-1, 712, 742l of this title
and amending sections 460k-3, 666g, 668a, 668dd, 690e, 695i, 706,
715d, 715i, 715j, 718b, 718c, 718f, 742f, 753a of this title and
sections 1114, 3112 of Title 18, Crimes and Criminal Procedure] may
be cited as the 'Fish and Wildlife Improvement Act of 1978'."

SHORT TITLE
Section 1 of act Aug. 8, 1956, provided: "This Act [enacting this
section and sections 742b to 742d and 742e to 742j of this title
and amending section 713c-3 of Title 15, Commerce and Trade] may be
cited as the 'Fish and Wildlife Act of 1956'."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.

-End-



-CITE-
16 USC Sec. 742b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742b. United States Fish and Wildlife Service

-STATUTE-
(a) Assistant Secretary for Fish and Wildlife
There is established within the Department of the Interior the
position of Assistant Secretary for Fish and Wildlife. Such
Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be compensated
at the same rate as other Assistant Secretaries.
(b) Establishment; Director of United States Fish and Wildlife
Service; appointment; qualifications
There is established within the Department of the Interior the
United States Fish and Wildlife Service. The functions of the
United States Fish and Wildlife Service shall be administered under
the supervision of the Director, who shall be subject to the
supervision of the Assistant Secretary for Fish and Wildlife. The
Director of the United States Fish and Wildlife Service shall be
appointed by the President, by and with the advice and consent of
the Senate. No individual may be appointed as the Director unless
he is, by reason of scientific education and experience,
knowledgeable in the principles of fisheries and wildlife
management.
(c) Succession to United States Fish and Wildlife Service and
Bureau of Sport Fisheries and Wildlife
The United States Fish and Wildlife Service established by
subsection (b) of this section shall succeed to and replace the
United States Fish and Wildlife Service (as constituted on June 30,
1974) and the Bureau of Sport Fisheries and Wildlife (as
constituted on such date). All laws and regulations in effect on
June 30, 1974, which relate to matters administered by the
Department of the Interior through the United States Fish and
Wildlife Service (as constituted on such date) and the Bureau of
Sport Fisheries and Wildlife (as constituted on such date) shall
remain in effect.
(d) Functions and responsibilities of Secretary of the Interior
All functions and responsibilities placed in the Department of
the Interior or any official thereof by this Act shall be included
among the functions and responsibilities of the Secretary of the
Interior, as the head of the Department, and shall be carried out
under his direction pursuant to such procedures or delegations of
authority as he may deem advisable and in the public interest.

-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120; Pub. L. 87-367,
title I, Sec. 103(14), Oct. 4, 1961, 75 Stat. 788; Pub. L. 87-793,
Sec. 607(a)(5), Oct. 11, 1962, 76 Stat. 849; Pub. L. 93-271, Sec.
1, Apr. 22, 1974, 88 Stat. 92.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and Wildlife Act
of 1956, which is classified generally to sections 742a to 742d and
742e to 742j-2 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 742a of
this title and Tables.


-MISC1-
AMENDMENTS
1974 - Subsec. (a). Pub. L. 93-271, Sec. 1(1), (2), struck out
provisions relating to the establishment of the position of and the
appointment of the Commissioner of Fish and Wildlife. Provisions
for the establishment of the United States Fish and Wildlife
Service within the Department of the Interior, consisting of the
Bureau of Commercial Fisheries and the Bureau of Sport Fisheries
and Wildlife, the appointment of a Director for each of the
Bureaus, and the succession of the United States Fish and Wildlife
Service to the Fish and Wildlife Service of the Department, were
also struck out.
Subsec. (b). Pub. L. 93-271, Sec. 1(3), substituted provisions
for the establishment of the United States Fish and Wildlife
Service within the Department of the Interior, for its
administration by a Director subject to the supervision of the
Assistant Secretary for Fish and Wildlife, the qualifications for
and the appointment of the Director, for provisions relating to the
administration of the United States Fish and Wildlife Service by
the Commissioner of Fish and Wildlife subject to the supervision of
the Assistant Secretary for Fish and Wildlife.
Subsecs. (c), (d). Pub. L. 93-271, Sec. 1(3), added subsec. (c)
and redesignated former subsec. (c) as (d). Former subsec. (d),
relating to the distribution of functions, powers, and duties of
former Fish and Wildlife Service, was struck out.
Subsec. (e). Pub. L. 93-271, Sec. 1(3), struck out subsec. (e)
which related to continuation of all laws, rules, and regulations
administered by the Fish and Wildlife Service.
Subsec. (f). Pub. L. 93-271, Sec. 1(3), struck out subsec. (f)
which provided for administrative authority in the Secretary of the
Interior to carry out the provisions of Act Aug. 8, 1956, and for
effective procedure for reorganization.
1962 - Subsec. (a). Pub. L. 87-793 struck out provisions which
authorized the Commissioner to receive compensation at the same
rate as that provided for grade GS-18.
1961 - Subsec. (a). Pub. L. 87-367 struck out "at Grades GS-17
each" after "by the Secretary".

EFFECTIVE DATE OF 1974 AMENDMENT
Section 3 of Pub. L. 93-271 provided that: "The amendments made
by this Act [amending this section and section 5316 of Title 5,
Government Organization and Employees] shall take effect on July 1,
1974."

EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 610 of
Pub. L. 87-793.


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from Secretary of
the Interior in view of: creation of National Oceanic and
Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of
Commercial Fisheries in the Interior Department and Office of
Director of such Bureau; transfers of functions, including
functions formerly vested by law in Secretary of the Interior or
the Interior Department which were administered through Bureau of
Commercial Fisheries or were primarily related to such Bureau,
exclusive of certain enumerated functions with respect to Great
Lakes fishery research, Missouri River Reservoir research, Gulf
Breeze Biological Laboratory, and Trans-Alaska pipeline
investigations; and transfer of marine sport fish program of Bureau
of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix
to Title 5, Government Organization and Employees.


-MISC2-
FEES FOR TRAINING BY NATIONAL CONSERVATION TRAINING CENTER
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009-181, 3009-185, as amended by Pub. L.
105-83, title I, Nov. 14, 1997, 111 Stat. 1547, provided in part:
"That hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall
charge reasonable fees for the full costs of providing training by
the National Conservation Training Center, to be credited to this
account, notwithstanding 31 U.S.C. 3302, for the full costs of
providing such training, to remain available until expended."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.

-End-



-CITE-
16 USC Sec. 742b-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742b-1. Assistant Director for Wildlife and Sport Fish
Restoration Programs

-STATUTE-
(a) Establishment
There is established in the United States Fish and Wildlife
Service of the Department of the Interior the position of Assistant
Director for Wildlife and Sport Fish Restoration Programs.
(b) Superior
The Assistant Director for Wildlife and Sport Fish Restoration
Programs shall report directly to the Director of the United States
Fish and Wildlife Service.
(c) Responsibilities
The Assistant Director for Wildlife and Sport Fish Restoration
Programs shall be responsible for the administration, management,
and oversight of the Federal Assistance Program for State Wildlife
and Sport Fish Restoration under the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.).

-SOURCE-
(Pub. L. 106-408, title I, Sec. 132, Nov. 1, 2000, 114 Stat. 1775.)

-REFTEXT-
REFERENCES IN TEXT
The Pittman-Robertson Wildlife Restoration Act, referred to in
subsec. (c), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as
amended, also known as the Federal Aid in Wildlife Restoration Act,
which is classified generally to chapter 5B (Sec. 669 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 669 of this title and
Tables.
The Dingell-Johnson Sport Fish Restoration Act, referred to in
subsec. (c), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as
amended, also known as the Federal Aid in Fish Restoration Act and
the Fish Restoration and Management Projects Act, which is
classified generally to chapter 10B (Sec. 777 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 777 of this title and
Tables.

-End-



-CITE-
16 USC Sec. 742c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742c. Loans for financing or refinancing of cost of
purchasing, constructing, equipping, maintaining, repairing, or
operating commercial fishing vessels or gear

-STATUTE-
(a) Authorization
The Secretary of the Interior is authorized, under such rules and
regulations and under such terms and conditions as he may
prescribe, to make loans for financing or refinancing of the cost
of purchasing, constructing, equipping, maintaining, repairing, or
operating new or used commercial fishing vessels or gear.
(b) Conditions
Any loans made under the provisions of this section shall be
subject to the following restrictions:
(1) Bear an interest rate of not less than (a) a rate
determined by the Secretary of the Treasury, taking into
consideration the average market yield on outstanding Treasury
obligations of comparable maturity, plus (b) such additional
charge, if any, toward covering other costs of the program as the
Secretary may determine to be consistent with its purpose.
(2) Mature in not more than ten years, except that where a loan
is for all or part of the costs of constructing a new fishing
vessel, such period may be fourteen years.
(3) No financial assistance shall be extended pursuant to this
section unless reasonable financial assistance applied for is not
otherwise available on reasonable terms.
(4) Loans shall be approved only upon the furnishing of such
security or other reasonable assurance of repayment as the
Secretary may require considering the objectives of this section
which are to upgrade commercial fishing vessels and gear and to
provide reasonable financial assistance not otherwise available
to commercial fishermen. The proposed collateral for a loan must
be of such a nature that, when considered with the integrity and
ability of the management, and the applicant's past and
prospective earnings, repayment of the loan will be reasonably
assured.
(5) The applicant shall possess the ability, experience,
resources, and other qualifications necessary to enable him to
operate and maintain new or used commercial fishing vessels or
gear.
(6) Before the Secretary approves a loan for the purchase or
construction of a new or used vessel which will not replace an
existing commercial fishing vessel, he shall determine that the
applicant's contemplated operation of such vessel in a fishery
will not cause economic hardship or injury to the efficient
vessel operators already operating in that fishery.
(7) An applicant for a fishery loan must be a citizen or
national of the United States.
(8) Within the meaning of this section, a corporation,
partnership, or association shall not be deemed to be a citizen
of the United States unless the Secretary determines that it
satisfactorily meets all of the requirements set forth in
sections 802 and 803 of title 46, Appendix, for determining the
United States citizenship of a corporation, partnership, or
association operating a vessel in the coastwise trade.
(9)(A) The nationality of an applicant shall be established to
the satisfaction of the Secretary. Within the meaning of this
section, no corporation, partnership, or association organized
under the laws of American Samoa shall be deemed a national of
the United States unless 75 per centum of the interest therein is
owned by nationals of the United States, citizens of the United
States, or both, and in the case of a corporation, unless its
president or other chief executive officer and the chairman of
its board are nationals or citizens of the United States and
unless no more of its directors than a minority of the number
necessary to constitute a quorum are nonnationals and
noncitizens.
(B) Seventy-five per centum of the interest in a corporation
shall not be deemed to be owned by nationals of the United
States, citizens of the United States, or both, (i) if the title
to 75 per centum of its stock is not vested in such nationals and
citizens free from any trust or fiduciary obligation in favor of
any person not a national or citizen of the United States; or
(ii) if 75 per centum of the voting power in such corporation is
not vested in nationals of the United States, citizens of the
United States, or both; or (iii) if through any contract or
understanding it is so arranged that more than 25 per centum of
the voting power may be exercised, directly or indirectly, in
behalf of any person who is not a national or citizen of the
United States; or (iv) if by any other means whatsoever control
of any interest in the corporation in excess of 25 per centum is
conferred upon or permitted to be exercised by any person who is
not a national or citizen of the United States.
(c) Fisheries loan fund; interest payments on appropriations
available as capital to the fund less average undispersed cash
balance
There is created a fisheries loan fund, which shall be used by
the Secretary as a revolving fund to make loans for financing and
refinancing under this section. Any funds received by the Secretary
on or before September 30, 1986, in payment of principal or
interest on any loans so made shall be deposited in the fund and be
available for making additional loans under this section. Any funds
received in the fisheries loan fund after September 30, 1986, shall
be covered into the Treasury as miscellaneous receipts. There is
authorized to be appropriated to the fisheries loan fund the sum of
$20,000,000 to provide initial capital.
(d) Modification of loan contract
The Secretary, subject to the specific limitations in this
section, may consent to the modification, with respect to the rate
of interest, time of payment of any installment of principal, or
security, of any loan contract to which he is a party.
(e) Chartering vessels; loans to Alaskan earthquake victims;
termination date
The Secretary is authorized under such terms and conditions and
pursuant to regulations prescribed by him to use the funds
appropriated under this section to make loans to commercial
fishermen for the purpose of chartering fishing vessels pending the
construction or repair of vessels lost, destroyed, or damaged by
the earthquake of March 27, 1964, and subsequent tidal waves
related thereto: Provided, That any loans made under this
subsection shall only be repaid from the net profits of the
operations of such chartered vessels, which profits shall be
reduced by such reasonable amount as determined by the Secretary
for the salary of the fishermen chartering such vessels. The funds
authorized herein shall not be available for such loans after June
30, 1966.

-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 4, 70 Stat. 1121; Pub. L. 85-888,
Sept. 2, 1958, 72 Stat. 1710; Pub. L. 88-309, Sec. 9, May 20, 1964,
78 Stat. 199; Pub. L. 89-85, Secs. 1-4, July 24, 1965, 79 Stat.
262; Pub. L. 91-279, Sec. 9, June 12, 1970, 84 Stat. 309; Pub. L.
91-387, Secs. 1, 2, Aug. 24, 1970, 84 Stat. 829; Pub. L. 94-273,
Sec. 2(8), Apr. 21, 1976, 90 Stat. 375; Pub. L. 96-478, Sec. 16(a),
Oct. 21, 1980, 94 Stat. 2303; Pub. L. 97-347, Sec. 1, Oct. 18,
1982, 96 Stat. 1652; Pub. L. 98-44, title I, Sec. 103(a)(1), July
12, 1983, 97 Stat. 216; Pub. L. 98-498, title IV, Sec. 430(1), Oct.
19, 1984, 98 Stat. 2310; Pub. L. 99-659, title IV, Sec. 409, Nov.
14, 1986, 100 Stat. 3740.)


-MISC1-
AMENDMENTS
1986 - Subsec. (c). Pub. L. 99-659 amended third sentence
generally, striking out "and any balance remaining therein at the
close of September 30, 1986 (at which time the fund shall cease to
exist)," after "1986,".
1984 - Subsec. (c). Pub. L. 98-498 substituted "September 30,
1986" for "September 30, 1984" wherever appearing.
1983 - Subsec. (c). Pub. L. 98-44 substituted "September 30,
1984" for "September 30, 1983" wherever appearing.
1982 - Subsec. (c). Pub. L. 97-347 substituted "September 30,
1983" for "September 30, 1982" wherever appearing.
1980 - Subsec. (c). Pub. L. 96-478 substituted "September 30,
1982" for "September 30, 1980" wherever appearing and struck out
interest payment provisions respecting, payment at close of each
fiscal year from fisheries loan fund into miscellaneous receipts of
the Treasury on cumulative amount of appropriations available as
capital to the fund from and after July 1, 1965, less average
undispersed balance in the fund during the year, determination of
interest rate on basis of average market yield during month
preceding each fiscal year on outstanding Treasury obligations of
maturity comparable to average maturity of loans made from the
fund, and interest payment deferrals approved by the Secretary of
the Treasury subject to interest on deferred amounts.
1976 - Subsec. (c). Pub. L. 94-273 substituted "September" for
"June" wherever appearing.
1970 - Subsec. (b)(2). Pub. L. 91-279 provided maturity period of
fourteen years for loans for all or part of costs of constructing
new fishing vessels.
Subsec. (b)(7). Pub. L. 91-387, Sec. 2, permitted a national of
the United States to be an applicant for a fishery loan.
Subsec. (b)(8). Pub. L. 91-387, Sec. 2, substituted provision for
Secretary's determination of United States citizenship of a
corporation, partnership, or association by satisfactorily meeting
all requirements set forth in section 802 of title 46 for
determination of citizenship of such entity operating a vessel in
coastwise trade, for prior provision for establishment of such
citizenship within meaning of section 802 of title 46 to
satisfaction of the Secretary.
Subsec. (b)(9). Pub. L. 91-387, Sec. 2, added par. (9).
Subsec. (c). Pub. L. 91-387, Sec. 1, extended term for making
fisheries loans, substituting "June 30, 1980" for "June 30, 1970"
wherever appearing.
1965 - Subsec. (a). Pub. L. 89-85, Sec. 1, substituted "financing
or refinancing of the cost of purchasing, constructing, equipping,
maintaining, repairing, or operating new or used commercial fishing
vessels or gear" for "financing and refinancing of operations,
maintenance, replacement, repair, and equipment of fishing gear and
vessels" and struck out provision for research into basic problems
of fisheries.
Subsec. (b). Pub. L. 89-85, Secs. 2, 3, substituted in par. (1)
provision respecting determination of interest rate taking into
consideration average market yield on outstanding Treasury
obligations of comparable maturity plus additional charge toward
coverage of other costs of program for former provision prescribing
an interest rate of not less than 3 per centum per annum and added
pars. (4) to (8), respectively.
Subsec. (c). Pub. L. 89-85, Sec. 4, extended term for making
fisheries loans from June 30, 1965, to June 30, 1970, required
Secretary to pay at end of each fiscal year into miscellaneous
receipts of the Treasury interest on cumulative amount of
appropriations available as capital to fund after July 1, 1965,
less average undispersed cash balance in fund during the year,
provided formula for determination of rate of interest, and
authorized deferral of interest payments but with payment of
interest on deferred payments.
1964 - Subsec. (e). Pub. L. 88-309 added subsec. (e).
1958 - Subsec. (c). Pub. L. 85-888 increased authorization for
$10,000,000 to $20,000,000.

EFFECTIVE DATE OF 1980 AMENDMENT
Section 16(b) of Pub. L. 96-478 provided that: "The amendments
made by subsection (a) [amending this section] shall take effect on
September 1, 1980."

EFFECTIVE DATE OF 1970 AMENDMENT; FISHERIES LOAN FUND AVAILABLE FOR
LOANS FROM JULY 1, 1970 TO CLOSE OF JUNE 30, 1980
Section 3 of Pub. L. 91-387 provided that: "The provisions of
this Act [amending this section] shall be effective July 1, 1970.
Notwithstanding the provisions of section 4(c) of the Fish and
Wildlife Act of 1956, as amended [subsec. (c) of this section], any
balance remaining in the fisheries loan fund at the close of June
30, 1970, shall be available to make loans for the purposes of
section 4 of said Act [this section] from July 1, 1970, to the
close of June 30, 1980."

EFFECTIVE DATE OF 1965 AMENDMENT; REMAINING FUNDS; AVAILABILITY FOR
LOANS
Section 5 of Pub. L. 89-85 provided that: "The provisions of this
Act [amending this section] shall be effective July 1, 1965.
Notwithstanding the provisions of section 4(c) of the Fish and
Wildlife Act of 1956, as amended [subsec. (c) of this section], any
balance remaining in the fisheries loan fund at the close of June
30, 1965, shall be available to make loans for the purposes of
section 4 of said Act [this section] from July 1, 1965, to the
close of June 30, 1970."


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from Secretary of
the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, see note set out under section 742b of
this title.


-MISC2-
LOANS UNDER FISH AND WILDLIFE ACT OF 1956
Pub. L. 96-561, title II, Sec. 221, Dec. 22, 1980, 94 Stat. 3295,
as amended by Pub. L. 98-44, title I, Sec. 103(b), July 12, 1983,
97 Stat. 216; Pub. L. 98-498, title IV, Sec. 431, Oct. 19, 1984, 98
Stat. 2310, provided that:
"(a) Loan Authority. - During the period beginning on the date of
the enactment of this title [Dec. 22, 1980] and ending at the close
of September 30, 1986, the Secretary of Commerce (hereinafter in
this section referred to as the 'Secretary') may make loans from
the fisheries loan fund established under subsection (c) of section
4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) only for
the purposes set forth in subsections (b) and (c) of this section.
Except to the extent that they are inconsistent with, or contrary
to, this section, the provisions of such section 4 shall apply with
respect to loans made for such purposes.
"(b) Loans To Avoid Default on Obligations Covering Fishing
Vessels. - (1) The Secretary may make loans for the purpose of
assisting obligors to avoid default on obligations that are issued
with respect to the construction, reconstruction, reconditioning or
purchase of fishing vessels and that -
"(A) are guaranteed by the United States under title XI of the
Merchant Marine Act, 1936 (46 U.S.C. 1271-1280, relating to
Federal ship mortgage insurance); or
"(B) are not guaranteed under such title XI, but the fishing
vessels concerned meet the use and documentation requirements,
and the obligors meet the citizenship requirements, that would
apply if the obligations were guaranteed under that title.
"(2)(A) Within the 30-day period beginning on the date of the
enactment of this title [Dec. 22, 1980] in the case of fiscal year
1981, and before the beginning of each of fiscal years 1982, 1983,
1984, 1985, and 1986, the Secretary shall estimate the number, and
the aggregate amount, of loans described in paragraph (1)(A) for
which application will likely be made during each of such fiscal
years and shall reserve that amount in the fisheries loan fund for
the purpose of making such loans during such year (or if such
amount is larger than the fund balance, the Secretary shall reserve
the whole fund for such purpose).
"(B) If any moneys are available in the fisheries loan fund for
each such fiscal year after subparagraph (A) is complied with for
that year, the Secretary shall use such moneys for the purpose of
making loans described in paragraph (1)(B) during that year.
"(C) At an appropriate time during each of fiscal years 1981,
1982, 1983, 1984, 1985, and 1986, the Secretary shall compare the
actual loan experience during that year with the estimate made for
that year under subparagraph (A) and if the Secretary determines,
on the basis of such comparison, that the demand for loans
described in paragraph (1)(A) will be less than estimated, the
Secretary shall, for the fiscal year concerned, apply moneys
reserved for such loans for the purpose of making loans described
in paragraph (1)(B) and, to the extent not utilized for loans
described in paragraph (1)(B), for the purpose of making loans
under subsection (c).
"(3) The Secretary may make loans under this subsection only to
owners or operators who, in the judgment of the Secretary, have
substantial experience and proven ability in the management and
financing of fishing operations, and only if (A) loans for the
purpose described in paragraph (1) are not otherwise available at
reasonable rates which permit continued operations, and (B) the
loans are likely to result in the financial viability of the
fishing operations of the owners or operators. Each such loan shall
be subject to such terms and conditions as the Secretary deems
necessary or appropriate to protect the interests of the United
States and to carry out the purpose of this subsection. In
establishing such terms and conditions, the Secretary shall take
into account, among such other factors he deems pertinent, the
extent to which the obligations concerned have been retired, and
the overall financial condition of the obligors. The interest rate
on loans made under the authority of this subsection shall not
exceed that rate determined by the Secretary to be sufficient to
cover the costs incurred in processing and servicing of such loans.
"(c) Loans To Cover Operating Losses. - (1) If the Secretary
determines that moneys will be available in such fisheries loan
fund for any of fiscal years 1981, 1982, 1983, 1984, 1985, and
1986, after loans under subsection (b) are provided for for that
year, the Secretary may make loans for the purpose of assisting
owners and operators of fishing vessels to cover vessel operating
expenses in cases where an owner or operator incurs, or may incur,
a net operating loss within such fiscal year.
"(2) Each loan made by the Secretary under this subsection shall
be subject to such terms and conditions as the Secretary deems
necessary or appropriate to protect the interests of the United
States and to carry out the purposes of this subsection. The
Secretary may make loans under this subsection only to owners or
operators who, in the judgment of the Secretary, have substantial
experience and proven ability in the management and financing of
fishing operations, and only if (A) loans for the purpose described
in paragraph (1) are not otherwise available at reasonable rates
which permit continued operation, and (B) the loans are likely to
result in the financial viability of the fishing operations of the
owners or operators. The interest rate on loans made under this
subsection shall be the rate prevailing for loans made under the
Emergency Agricultural Credit Act of 1978 (7 U.S.C. preceding 1961
note)."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 742c-1, 742k, 1534 of
this title.

-End-



-CITE-
16 USC Sec. 742c-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE

-HEAD-
Sec. 742c-1. Investment in obligations of the United States;
proceeds to be used for fisheries

-STATUTE-
All moneys in the Fisheries Loan Fund established under Section
(!1) 742c of this title shall be invested by the Secretary of
Commerce in obligations of the United States, except so much as
shall be currently needed for loans or administrative expenses
authorized under the Fisheries Loan Fund. All accrued proceeds from
such investment shall be, subject to amounts provided in advance by
appropriations, credited by the Secretary of the Treasury to the
debt of the Secretary of Commerce incurred under section 1105(d) of
the Merchant Marine Act, 1936 [46 App. U.S.C. 1275(d)], as amended,
in connection with fisheries financing under title XI of the
Merchant Marine Act, 1936 [46 App. U.S.C. 1271 et seq.], as
amended, for so long as such debt exists. All accrued proceedsfrom (continued)