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(continued)
such investment, after such debt has been liquidated, shall be,
subject to amounts provided in advance by appropriations, credited
to the fisheries portion of the Federal Ship Financing Fund
established under section 1102 of the Merchant Marine Act, 1936 [46
App. U.S.C. 1272], as amended, and used for the fisheries purposes
provided in title XI of the Merchant Marine Act, 1936, as amended.
-SOURCE-
(Pub. L. 98-498, title IV, Sec. 432, Oct. 19, 1984, 98 Stat. 2310.)
-REFTEXT-
REFERENCES IN TEXT
The Merchant Marine Act, 1936, referred to in text, is act June
29, 1936, ch. 858, 49 Stat. 1985, as amended. Title XI of the
Merchant Marine Act, 1936, is classified generally to subchapter XI
(Sec. 1271 et seq.) of chapter 27 of Title 46, Appendix, Shipping.
For complete classification of this Act to the Code, see section
1245 of Title 46, Appendix, and Tables.
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
-End-
-CITE-
16 USC Sec. 742d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742d. Investigations; preparation and dissemination of
information; reports
-STATUTE-
(a) (!1) The Secretary shall conduct continuing investigations,
prepare and disseminate information, and make periodical reports to
the public, to the President, and to Congress, with respect to the
following matters:
(1) The production and flow to market of fish and fishery
products domestically produced, and also those produced by
foreign producers which affect the domestic fisheries;
(2) The availability and abundance and the biological
requirements of the fish and wildlife resources;
(3) The competitive economic position of the various fish and
fishery products with respect to each other, and with respect to
competitive domestic and foreign-produced commodities;
(4) The collection and dissemination of statistics on
commercial and sport fishing;
(5) The collection and dissemination of statistics on the
nature and availability of wildlife, progress in acquisition of
additional refuges and measures being taken to foster a
coordinated program to encourage and develop wildlife values;
(6) The improvement of production and marketing practices in
regard to commercial species and the conduct of educational and
extension services relative to commercial and sport fishing, and
wildlife matters;
(7) Any other matters which in the judgment of the Secretary
are of public interest in connection with any phases of fish and
wildlife operations.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 5, 70 Stat. 1121.)
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report to Congress required under this section is listed on
page 54), see section 3003 of Pub. L. 104-66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-FOOTNOTE-
(!1) So in original. No subsec. (b) has been enacted.
-End-
-CITE-
16 USC Sec. 742d-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742d-1. Studies of effects in use of chemicals
-STATUTE-
The Administrator of the Environmental Protection Agency is
authorized and directed to undertake comprehensive continuing
studies on the effects of insecticides, herbicides, fungicides and
pesticides, upon the fish and wildlife resources of the United
States, for the purpose of determining the amounts, percentages,
and formulations of such chemicals that are lethal to or injurious
to fish and wildlife and the amounts, percentages, mixtures, or
formulations that can be used safely, and thereby prevent losses of
fish and wildlife from such spraying, dusting, or other treatment.
-SOURCE-
(Pub. L. 85-582, Sec. 1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg.
Plan No. 3, Sec. 2(a)(2)(i), eff. Dec. 2, 1970, 35 F.R. 15623, 84
Stat. 2086.)
-TRANS-
TRANSFER OF FUNCTIONS
"Administrator of the Environmental Protection Agency"
substituted in text for "Secretary of the Interior" pursuant to
Reorg. Plan No. 3 of 1970, set out in the Appendix to Title 5,
Government Organization and Employees, which abolished the Federal
Water Quality Administration in Department of the Interior and
transferred to Administrator of Environmental Protection Agency all
functions vested in Secretary of the Interior by this section.
-MISC1-
APPROPRIATIONS
Section 2 of Pub. L. 85-582, Aug. 1, 1958, 72 Stat. 479, as
amended by Pub. L. 86-279, Sept. 16, 1959, 73 Stat. 563; Pub. L.
89-232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90-394, July 11, 1968,
82 Stat. 338, provided that: "In order to carry out the provisions
of this Act [this section], there is authorized to be appropriated
$3,500,000 for the fiscal year ending June 30, 1969, and for each
of the two fiscal years immediately following such year. Such sums
shall remain available until expended."
-End-
-CITE-
16 USC Sec. 742e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742e. Transfer of functions to Secretary
-STATUTE-
(a) Functions of Secretaries of Agriculture, Commerce, etc.
There shall be transferred to the Secretary all functions of the
Secretary of Agriculture, the Secretary of Commerce, and the head
of any other department or agency, as determined by the Director of
the Office of Management and Budget to relate primarily to the
development, advancement, management, conservation, and protection
of commercial fisheries; but nothing in this section shall be
construed to modify the authority of the Department of State or the
Secretary of State to negotiate or enter into any international
agreements, or conventions with respect to the development,
management, or protection of any fisheries and wildlife resources
or with respect to international commissions operating under
conventions to which the United States is a party.
(b) Transfer of personnel, property, records, etc.
There shall be transferred to the Department of the Interior so
much of the personnel, property, facilities, records, and
unexpended balances of appropriations, allocations, and other funds
(available or to be made available) as the Director of the Office
of Management and Budget determines to be necessary in connection
with the exercise of any functions transferred to the Secretary
pursuant to subsection (a) of this section.
(c) Cooperation of other departments and agencies
The Secretary may request and secure the advice or assistance of
any department or agency of the Government in carrying out the
provisions of this Act, and any such department or agency which
furnishes advice or assistance to the Secretary may expend its own
funds for such purposes, with or without reimbursement from the
Secretary as may be agreed upon between the Secretary and the
department or agency.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 6, 70 Stat. 1122; 1970 Reorg. Plan
No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), 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.
-TRANS-
TRANSFER OF FUNCTIONS
All functions vested by law (including reorganization plan) in
Bureau of the Budget or Director of Bureau of the Budget were
transferred to the President of the United States by section 101 of
1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.
2085, set out in the Appendix to Title 5, Government Organization
and Employees. Section 102 of 1970 Reorg. Plan No. 2 redesignated
Bureau of the Budget as Office of Management and Budget.
Secretary of the Interior authorized to exercise authority in
relation to issuance of ship mortgage insurance on fishing vessels
comparable to authority of Secretary of Commerce under Merchant
Marine Act of 1936, as amended, see Pub. L. 86-577, July 5, 1960,
74 Stat. 314, set out as a note under section 1275 of Title 46,
Appendix, Shipping.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-End-
-CITE-
16 USC Sec. 742f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742f. Powers of Secretaries of the Interior and Commerce
-STATUTE-
(a) Policies, procedures, and recommendations
The Secretary of the Interior, with such advice and assistance as
he may require from the Assistant Secretary for Fish and Wildlife,
shall consider and determine the policies and procedures that are
necessary and desirable in carrying out efficiently and in the
public interest the laws relating to fish and wildlife. The
Secretary, with the assistance of the departmental staff herein
authorized, shall -
(1) develop and recommend measures which are appropriate to
assure the maximum sustainable production of fish and fishery
products and to prevent unnecessary and excessive fluctuations in
such production;
(2) study the economic condition of the industry, and whenever
he determines that any segment of the domestic fisheries has been
seriously disturbed either by wide fluctuation in the abundance
of the resource supporting it, or by unstable market or fishing
conditions or due to any other factors he shall make such
recommendations to the President and the Congress as he deems
appropriate to aid in stabilizing the domestic fisheries;
(3) develop and recommend special promotional and informational
activities with a view to stimulating the consumption of fishery
products whenever he determines that there is a prospective or
actual surplus of such products; and
(4) take such steps as may be required for the development,
advancement, management, conservation, and protection of fish and
wildlife resources including, but not limited to, research,
development of existing facilities, and acquisition by purchase
or exchange of land and water, or interests therein.
(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
(1) In furtherance of the purposes of this Act, the Secretary of
the Interior is authorized to accept any gifts, devises, or
bequests of real and personal property, or proceeds therefrom, or
interests therein, for the benefit of the United States Fish and
Wildlife Service, in performing its activities and services. Such
acceptance may be subject to the terms of any restrictive or
affirmative covenant, or condition of servitude, if such terms are
deemed by the Secretary to be in accordance with law and compatible
with the purpose for which acceptance is sought.
(2) Use of gifts, devises, and bequests. -
(A) In general. - Any gifts and bequests of money and proceeds
from the sales of other property received as gifts or bequests
pursuant to this subsection shall be deposited in a separate
account in the Treasury and shall be disbursed upon order of the
Secretary for the benefit of programs administered by the United
States Fish and Wildlife Service.
(B) Gifts, devises, and bequests to particular refuges. -
(i) Disbursal. - Any gift, devise, or bequest made for the
benefit of a particular national wildlife refuge or complex of
geographically related refuges shall be disbursed only for the
benefit of that refuge or complex of refuges and without
further appropriations.
(ii) Matching. - Subject to the availability of
appropriations and the requirements of the National Wildlife
Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
other applicable law, the Secretary may provide funds to match
gifts, devises, and bequests made for the benefit of a
particular national wildlife refuge or complex of
geographically related refuges. With respect to each gift,
devise, or bequest, the amount of Federal funds may not exceed
the amount (or, in the case of property or in-kind services,
the fair market value) of the gift, devise, or bequest.
(3) For the purpose of Federal income, estate, and gift taxes,
property, or proceeds therefrom, or interests therein, accepted
under this subsection shall be considered as a gift or bequest to
the United States.
(c) Volunteer services; incidental expenses; Federal employee
status; authorization of appropriations
(1) The Secretary of the Interior and the Secretary of Commerce
may each recruit, train, and accept, without regard to the
provisions of title 5, the services of individuals without
compensation as volunteers for, or in aid of programs conducted by
either Secretary through the United States Fish and Wildlife
Service or the National Oceanic and Atmospheric Administration.
(2) The Secretary of the Interior and the Secretary of Commerce
are each authorized to provide for incidental expenses such as
transportation, uniforms, lodging, awards (including nominal cash
awards) and recognition, and subsistence of such volunteers without
regard to their places of residence.
(3) Except as otherwise provided in this subsection, a volunteer
shall not be deemed a Federal employee and shall not be subject to
the provisions of law relating to Federal employment, including
those relative to hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(4) For the purpose of the tort claim provisions of title 28, a
volunteer under this subsection shall be considered a Federal
employee.
(5) For the purposes of subchapter I of chapter 81 of title 5,
relating to compensation to Federal employees for work injuries,
volunteers under this subsection shall be deemed employees of the
United States within the meaning of the term "employees" as defined
in section 8101 of title 5, and the provisions of that subchapter
shall apply.
(6) Senior volunteer corps. - The Secretary of the Interior may
establish a Senior Volunteer Corps, consisting of volunteers over
the age of 50. To assist in the recruitment and retention of the
volunteers, the Secretary may provide for additional incidental
expenses to members of the Corps beyond the incidental expenses
otherwise provided to volunteers under this subsection. The members
of the Corps shall be subject to the other provisions of this
subsection.
(d) Community partnership enhancement
(1) Definition of partner organization
In this subsection, the term "partner organization" means an
organization that -
(A) draws its membership from private individuals,
organizations, corporations, academic institutions, or State or
local governments;
(B) is established to promote the understanding of, education
relating to, and the conservation of the fish, wildlife,
plants, and cultural and historical resources of a particular
refuge or complex of geographically related refuges; and
(C) is described in section 501(c)(3) of title 26 and is
exempt from taxation under section 501(a) of that title.
(2) Cooperative agreements
(A) In general
The Secretary of the Interior may enter into a cooperative
agreement (within the meaning of chapter 63 of title 31) with
any partner organization, academic institution, or State or
local government agency to carry out 1 or more projects or
programs for a refuge or complex of geographically related
refuges in accordance with this subsection.
(B) Projects and programs
Subject to the requirements of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
other applicable law, and such terms and conditions as the
Secretary determines to be appropriate, the Secretary may
approve projects and programs for a refuge or complex of
geographically related refuges that -
(i) promote the stewardship of resources of the refuge
through habitat maintenance, restoration, and improvement,
biological monitoring, or research;
(ii) support the operation and maintenance of the refuge
through constructing, operating, maintaining, or improving
the facilities and services of the refuge;
(iii) increase awareness and understanding of the refuge
and the National Wildlife Refuge System through the
development, publication, or distribution of educational
materials and products;
(iv) advance education concerning the purposes of the
refuge and the mission of the System through the use of the
refuge as an outdoor classroom and development of other
educational programs; or
(v) contribute financial resources to the refuge, under
terms that require that the net revenues be used exclusively
for the benefit of the refuge, through donation of net
revenues from the sale of educational materials and products
and through encouragement of gifts, devises, and bequests.
(C) Federal funding and ownership
(i) Matching
Subject to the availability of appropriations and the
requirements of the National Wildlife Refuge Administration
Act of 1966 (16 U.S.C. 668dd et seq.) and other applicable
law, the Secretary may provide funds to match non-Federal
funds donated under a cooperative agreement under this
paragraph. With respect to each project or program, the
amount of funds provided by the Secretary may not exceed the
amount of the non-Federal funds donated through the project
or program.
(ii) Use of Federal funds
Any Federal funds used to fund a project or program under a
cooperative agreement may be used only for expenses directly
related to the project or program and may not be used for
operation or administration of any non-Federal entity.
(iii) Ownership of facilities
Any new facility, improvement to an existing facility, or
other permanent improvement to a refuge constructed under
this subsection shall be the property of the United States
Government.
(D) Treasury account
Amounts received by the Secretary of the Interior as a result
of projects and programs under subparagraph (B) shall be
deposited in a separate account in the Treasury. Amounts in the
account that are attributable to activities at a particular
refuge or complex of geographically related refuges shall be
available to the Secretary of the Interior, without further
appropriation, to pay the costs of incidental expenses related
to volunteer activities, and to carry out cooperative
agreements for the refuge or complex of refuges.
(e) Refuge education program enhancement
(1) Guidance
Not later than 1 year after October 5, 1998, the Secretary of
the Interior shall develop guidance for refuge education programs
to further the mission of the National Wildlife Refuge System and
the purposes of individual refuges through -
(A) providing outdoor classroom opportunities for students on
national wildlife refuges that combine educational curricula
with the personal experiences of students relating to fish,
wildlife, and plants and their habitat and to the cultural and
historical resources of the refuges;
(B) promoting understanding and conservation of fish,
wildlife, and plants and cultural and historical resources of
the refuges; and
(C) improving scientific literacy in conjunction with both
formal and nonformal education programs.
(2) Refuge programs
Based on the guidance developed under paragraph (1), the
Secretary of the Interior may develop or enhance refuge education
programs as appropriate, based on the resources of individual
refuges and the opportunities available for such programs in
State, local, and private schools. In developing and implementing
each program, the Secretary should cooperate with State and local
education authorities, and may cooperate with partner
organizations in accordance with subsection (d) of this section.
(f) Authorization of appropriations
There is authorized to be appropriated to the Secretary of the
Interior to carry out subsections (b), (c), (d), and (e) of this
section $2,000,000 for each of fiscal years 1999 through 2004.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 7, 70 Stat. 1122; Pub. L. 95-616,
Sec. 4, Nov. 8, 1978, 92 Stat. 3112; Pub. L. 97-347, Sec. 2, Oct.
18, 1982, 96 Stat. 1652; Pub. L. 98-44, title I, Sec. 103(a)(2),
July 12, 1983, 97 Stat. 216; Pub. L. 98-498, title IV, Sec. 430(2),
Oct. 19, 1984, 98 Stat. 2310; Pub. L. 105-242, Secs. 3, 4(b), (c),
5-7, Oct. 5, 1998, 112 Stat. 1574-1578.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), is act Aug. 8, 1956, ch.
1036, 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.
The National Wildlife Refuge Administration Act of 1966, referred
to in subsecs. (b)(2)(B)(ii) and (d)(2)(B), (C)(i), probably means
the National Wildlife Refuge System Administration Act of 1966,
which consists of sections 4 and 5 of Pub. L. 89-699, Oct. 15,
1966, 80 Stat. 927, as amended, and is classified to sections 668dd
and 668ee of this title. For further details, see Short Title note
set out under section 668dd of this title.
The tort claim provisions of title 28, referred to in subsec.
(c)(4), are the provisions of the Federal Tort Claims Act, which is
classified generally to section 1346(b) and to chapter 171 (Sec.
2671 et seq.) of Title 28, Judiciary and Judicial Procedure.
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(2). Pub. L. 105-242, Sec. 3, inserted par. (2)
heading, designated existing provisions as subpar. (A) and inserted
heading, and added subpar. (B).
Subsec. (c)(2). Pub. L. 105-242, Sec. 4(b), inserted "awards
(including nominal cash awards) and recognition," after "lodging,"
and "without regard to their places of residence" after
"volunteers".
Subsec. (c)(6). Pub. L. 105-242, Sec. 4(c), added par. (6) and
struck out former par. (6) which read as follows: "There are
authorized to be appropriated to carry out this subsection $100,000
for the Secretary of the Interior and $50,000 for the Secretary of
Commerce for each of the fiscal years 1980, 1981, 1982, 1983, 1984,
1985, and 1986."
Subsecs. (d) to (f). Pub. L. 105-242, Secs. 5-7, added subsecs.
(d) to (f).
1984 - Subsec. (c)(6). Pub. L. 98-498 substituted "1984, 1985,
and 1986" for "and 1984".
1983 - Subsec. (c)(6). Pub. L. 98-44 substituted ", 1983, and
1984" for "and 1983".
1982 - Subsec. (c)(6). Pub. L. 97-347 substituted "1982 and 1983"
for "and 1982".
1978 - Subsec. (a)(4). Pub. L. 95-616, Sec. 4(1), reenacted
existing provisions, substituting reference to fish resources for
prior reference to fisheries resources and incorporated provisions
of par. (5) relating to wildlife resources, substituting reference
to acquisition by purchase or exchange of land and water for prior
reference to acquisition of refuge lands.
Subsec. (a)(5). Pub. L. 95-616, Sec. 4(1), struck out par. (5)
relating to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95-616, Sec. 4(3), added subsecs. (b)
and (c).
-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-
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 105-242, Sec. 2, Oct. 5, 1998, 112 Stat. 1574, provided
that:
"(a) Findings. - Congress finds that -
"(1) the National Wildlife Refuge System (referred to in this
Act [amending this section and enacting provisions set out as
notes under this section and section 742a of this title] as the
'System'), consisting of more than 500 refuges and 93,000,000
acres, plays an integral role in the protection of the natural
resources of the United States;
"(2) the National Wildlife Refuge System Improvement Act of
1997 (Public Law 105-57; 111 Stat. 1252) [see Tables for
classification] significantly improved the law governing the
System, although the financial resources for implementing this
law and managing the System remain limited;
"(3) by encouraging volunteer programs and donations, and
facilitating non-Federal partnerships with refuges, Federal
funding for the refuges can be supplemented and the System can
fully benefit from the amendments made by the National Wildlife
Refuge System Improvement Act of 1997; and
"(4) by encouraging refuge educational programs, public
awareness of the resources of the System and public participation
in the conservation of those resources can be promoted.
"(b) Purposes. - The purposes of this Act are -
"(1) to encourage the use of volunteers to assist the United
States Fish and Wildlife Service in the management of refuges
within the System;
"(2) to facilitate partnerships between the System and
non-Federal entities to promote public awareness of the resources
of the System and public participation in the conservation of
those resources; and
"(3) to encourage donations and other contributions by persons
and organizations to the System."
PILOT PROJECTS
Pub. L. 105-242, Sec. 4(a), Oct. 5, 1998, 112 Stat. 1575,
provided that:
"(1) In general. - Subject to the availability of appropriations,
the Secretary of the Interior shall carry out a pilot project at 2
or more national wildlife refuges or complexes of geographically
related refuges in each United States Fish and Wildlife Service
region, but not more than 20 pilot projects nationwide.
"(2) Volunteer coordinator. - Each pilot project shall provide
for the employment of a full-time volunteer coordinator for the
refuge or complex of geographically related refuges. The volunteer
coordinator shall be responsible for recruiting, training, and
supervising volunteers. The volunteer coordinator may be
responsible for assisting partner organizations in developing
projects and programs under cooperative agreements under section
7(d) of the Fish and Wildlife Act of 1956 [16 U.S.C. 742f(d)] (as
added by section 5) and coordinating volunteer activities with
partner organizations to carry out the projects and programs.
"(3) Report. - Not later than 3 years after the date of enactment
of this Act [Oct. 5, 1998], the Secretary of the Interior shall
submit a report to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works
of the Senate evaluating and making recommendations regarding the
pilot projects.
"(4) Authorization of appropriations. - There is authorized to be
appropriated to carry out this subsection $2,000,000 for each of
fiscal years 1999 through 2002."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-9, 1534, 3705 of
this title.
-End-
-CITE-
16 USC Sec. 742g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742g. Cooperation with State Department
-STATUTE-
(a) Representation at international meetings
The Secretary shall cooperate to the fullest practicable extent
with the Secretary of State in providing representation at all
meetings and conferences relating to fish and wildlife in which
representatives of the United States and foreign countries
participate.
The Secretary of State shall designate the Secretary of the
Interior or the Assistant Secretary for Fish and Wildlife, or a
person designated by the Secretary of the Interior to represent the
Department of the Interior, as a member of the United States
delegation attending such meetings and conferences and also as a
member of the negotiating team of any such delegation.
(b) Consultation with officials responsible for technical and
economic aid
The Secretary of State and all other officials having
responsibilities in the fields of technical and economic aid to
foreign nations shall consult with the Secretary in all cases in
which the interests of fish and wildlife are involved, with a view
to assuring that such interests are adequately represented at all
times.
(c) International negotiations
Notwithstanding any other provision of law, the Secretary shall
be represented in all international negotiations conducted by the
United States pursuant to section 1351 of title 19, in any case in
which fish products are directly affected by such negotiations.
(d) Consultation with governmental, private nonprofit, and other
organizations
The Secretary shall consult periodically with the various
governmental, private nonprofit, and other organizations and
agencies which have to do with any phase of fish and wildlife with
respect to any problems that may arise in connection with such fish
and wildlife.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 8, 70 Stat. 1123.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-End-
-CITE-
16 USC Sec. 742h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742h. Reports on fishery products
-STATUTE-
(a) Repealed. Pub. L. 96-470, title I, Sec. 103(a), Oct. 19,
1980, 94 Stat. 2237.
(b) The Secretary is authorized to make a report to the President
and the Congress, and, when requested by the United States
International Trade Commission in connection with section 1364 of
title 19, or when an investigation is made under the Tariff Act of
1930 (19 U.S.C. 1332), the Secretary is authorized to make a report
to such Commission, concerning the following matters with respect
to any fishery product which is imported into the United States, or
such reports may be made upon a request from any segment of the
domestic industry producing a like or directly competitive product
-
(1) whether there has been a downward trend in the production,
employment in the production, or prices, or a decline in the
sales, of the like or directly competitive product by the
domestic industry; and
(2) whether there has been an increase in the imports of the
fishery products into the United States, either actual or
relative to the production of the like or directly competitive
product produced by the domestic industry.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 9, 70 Stat. 1123; Pub. L. 93-618,
title I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 96-470,
title I, Sec. 103(a), Oct. 19, 1980, 94 Stat. 2237.)
-REFTEXT-
REFERENCES IN TEXT
Section 1364 of title 19, referred to in subsec. (b), was
repealed by Pub. L. 87-794, title II, Sec. 257(e)(1), Oct. 11,
1962, 76 Stat. 882.
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-470 struck out subsec. (a) which
required Secretary of the Interior to make an annual report to
Congress with respect to activities of United States Fish and
Wildlife Service under this Act, accompanied by appropriate
legislative recommendations.
1975 - Subsec. (b). Pub. L. 93-618 substituted "United States
International Trade Commission" for "United States Tariff
Commission".
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-End-
-CITE-
16 USC Sec. 742i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742i. Effect on rights of States and international commissions
-STATUTE-
Nothing in this Act shall be construed (1) to interfere in any
manner with the rights of any State under the Submerged Lands Act
[43 U.S.C. 1301 et seq.] or otherwise provided by law, or to
supersede any regulatory authority over fisheries exercised by the
States either individually or under interstate compacts; or (2) to
interfere in any manner with the authority exercised by any
International Commission established under any treaty or convention
to which the United States is a party.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 10, 70 Stat. 1124.)
-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 set out under section 742a of this
title and Tables.
The Submerged Lands Act, referred to in text, is act May 22,
1953, ch. 65, 67 Stat. 29, as amended, which is classified
generally to subchapters I and II (Secs. 1301 et seq., 1311 et
seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1301 of Title 43 and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-End-
-CITE-
16 USC Sec. 742j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742j. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 11, 70 Stat. 1124.)
-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 set out under section 742a of this
title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-End-
-CITE-
16 USC Sec. 742j-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742j-1. Airborne hunting
-STATUTE-
(a) Prohibition; penalty
Any person who -
(1) while airborne in an aircraft shoots or attempts to shoot
for the purpose of capturing or killing any bird, fish, or other
animal; or
(2) uses an aircraft to harass any bird, fish, or other animal;
or
(3) knowingly participates in using an aircraft for any purpose
referred to in paragraph (1) or (2);
shall be fined not more than $5,000 or imprisoned not more than one
year, or both.
(b) Exception; report of State to Secretary
(1) This section shall not apply to any person if such person is
employed by, or is an authorized agent of or is operating under a
license or permit of, any State or the United States to administer
or protect or aid in the administration or protection of land,
water, wildlife, livestock, domesticated animals, human life, or
crops, and each such person so operating under a license or permit
shall report to the applicable issuing authority each calendar
quarter the number and type of animals so taken.
(2) In any case in which a State, or any agency thereof, issues a
permit referred to in paragraph (1) of this subsection, it shall
file with the Secretary of the Interior an annual report containing
such information as the Secretary shall prescribe, including but
not limited to -
(A) the name and address of each person to whom a permit was
issued;
(B) a description of the animals authorized to be taken
thereunder, the number of animals authorized to be taken, and a
description of the area from which the animals are authorized to
be taken;
(C) the number and type of animals taken by such person to whom
a permit was issued; and
(D) the reason for issuing the permit.
(c) "Aircraft" defined
As used in this section, the term "aircraft" means any
contrivance used for flight in the air.
(d) Enforcement; regulations; arrest; search; issuance and
execution of warrants and process; cooperative agreements
The Secretary of the Interior shall enforce the provisions of
this section and shall promulgate such regulations as he deems
necessary and appropriate to carry out such enforcement. Any
employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this section
may, without warrant, arrest any person committing in his presence
or view a violation of this section or of any regulation issued
hereunder and take such person immediately for examination or trial
before an officer or court of competent jurisdiction; may execute
any warrant or other process issued by an officer or court of
competent jurisdiction for the enforcement of the provisions of
this section; and may, with or without a warrant, as authorized by
law, search any place. The Secretary of the Interior is authorized
to enter into cooperative agreements with State fish and wildlife
agencies or other appropriate State authorities to facilitate
enforcement of this section, and by such agreements to delegate
such enforcement authority to State law enforcement personnel as he
deems appropriate for effective enforcement of this section. Any
judge of any court established under the laws of the United States,
and any United States magistrate judge may, within his respective
jurisdiction, upon proper oath or affirmation showing probable
cause, issue warrants in all such cases.
(e) Forfeiture
All birds, fish, or other animals shot or captured contrary to
the provisions of this section, or of any regulation issued
hereunder, and all guns, aircraft, and other equipment used to aid
in the shooting, attempting to shoot, capturing, or harassing of
any bird, fish, or other animal in violation of this section or of
any regulation issued hereunder shall be subject to forfeiture to
the United States.
(f) Certain customs laws applied
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof,
and the remission or mitigation of such forfeitures, shall apply to
the seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this section; except that all powers, rights, and
duties conferred or imposed by the customs laws upon any officer or
employee of the Treasury Department shall, for the purposes of this
section, be exercised or performed by the Secretary of the Interior
or by such persons as he may designate.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 13, as added Pub. L. 92-159, Sec. 1,
Nov. 18, 1971, 85 Stat. 480; amended Pub. L. 92-502, Oct. 18, 1972,
86 Stat. 905; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,
104 Stat. 5117.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (f), are classified
generally to Title 19, Customs Duties.
-MISC1-
AMENDMENTS
1972 - Subsecs. (d) to (f). Pub. L. 92-502 added subsecs. (d) to
(f).
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" in subsec. (d) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
-MISC2-
EFFECTIVE DATE
Section 3 of Pub. L. 92-159 provided that: "The amendments made
by the first section of this Act [enacting this section] shall take
effect as of the thirtieth day after the date of enactment of such
section [Nov. 18, 1971]; except that, in any case in which a State
is not authorized to issue any permit referred to in the amendments
made by such first section, such amendments shall take effect in
any such State as of the thirtieth day after the expiration of the
next regular session of the legislature of such State which begins
on or after the date of enactment of this Act."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title; title
49 section 44709.
-End-
-CITE-
16 USC Sec. 742j-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742j-2. Uniform allowance
-STATUTE-
Notwithstanding subsection (!1) 5901(a) of title 5, the uniform
allowance for each uniformed employee of the United States Fish and
Wildlife Service may be up to $400 annually.
-SOURCE-
(Aug. 8, 1956, ch. 1036, Sec. 14, as added Pub. L. 96-291, Sec. 2,
June 28, 1980, 94 Stat. 608.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1534 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
16 USC Sec. 742k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742k. Management and disposition of vessels and other property
acquired and arising out of fishery loans or related type of
activities
-STATUTE-
For the purpose of facilitating administration of, and protecting
the interest of the Government in, the fishery loan fund
established by section 742c of this title and any related type of
activities relating to fisheries for which the Department of the
Interior is now or may hereafter be responsible, the Secretary of
the Interior, notwithstanding any other provisions of law, may
hereafter administer, complete, recondition, reconstruct, renovate,
repair, maintain, operate, charter, assign, or sell upon such terms
and conditions as he may deem most advantageous to the United
States, any vessel, plant, or other property acquired by him on
behalf of the United States and arising out of any fishery loan or
any related type of activity by the Secretary of the Interior. The
Secretary may use any of the applicable funds in each particular
instance for the aforesaid purposes.
-SOURCE-
(Pub. L. 87-219, Sept. 13, 1961, 75 Stat. 493.)
-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 Transfer of Functions note set out
under section 742b of this title.
-End-
-CITE-
16 USC Sec. 742l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 9 - FISH AND WILDLIFE SERVICE
-HEAD-
Sec. 742l. Enforcement authority for the protection of fish and
wildlife resources
-STATUTE-
(a) Law enforcement training program
(1) In order to provide for and encourage training, research, and
development for the purpose of improving fish and wildlife law
enforcement and developing new methods for the prevention,
detection, and reduction of violation of fish and wildlife laws,
and the apprehension of violators of such laws, the Secretary of
the Interior and the Secretary of Commerce may each -
(A) establish and conduct national training programs to
provide, at the request of any State, training for State fish and
wildlife law enforcement personnel;
(B) develop new or improved approaches, techniques, systems,
equipment, and service to improve and strengthen fish and
wildlife law enforcement; and
(C) assist in conducting, at the request of any appropriate
State official, local or regional training programs for the
training of State fish and wildlife law enforcement personnel.
Such training programsshall be conducted to the maximum extent (continued)