CHAPTER 9 —FISH AND WILDLIFE SERVICE
§741. Repealed. Pub. L. 88–488, title IV, §402(a)(3), Aug. 19, 1964, 78 Stat. 492
Section, R.S. §4395; acts Jan. 20, 1888, ch. 1,
§742. Omitted
Editorial Notes
Codification
Section, acts Mar. 4, 1911, ch. 285, §1,
Executive Documents
Transfer of Functions
Reorg. Plan No. II of 1939, §4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
Reorg. Plan No. III of 1940, §3, eff. June 30, 1940, 5 F.R. 2108,
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, §3,
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.
§742a. Declaration of policy
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.
(Aug. 8, 1956, ch. 1036, §2,
Editorial Notes
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036,
Statutory Notes and Related Subsidiaries
Short Title of 2018 Amendment
Short Title of 2011 Amendment
Short Title of 2004 Amendment
Short Title of 1998 Amendments
Short Title of 1978 Amendment
Short Title
Act Aug. 8, 1956, ch. 1036, §1,
§742b. United States Fish and Wildlife Service
(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) 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.
(Aug. 8, 1956, ch. 1036, §3,
Editorial Notes
References in Text
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch. 1036,
Amendments
1974—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Subsec. (e).
Subsec. (f).
1962—Subsec. (a).
1961—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment
Effective Date of 1962 Amendment
Amendment by
Murder Hornet Eradication Pilot Program
"(a)
"(1) eradicate the Asian giant hornet; and
"(2) restore bee populations damaged by the Asian giant hornet.
"(b)
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(1)
"(2)
"(g)
Fish and Wildlife Service Asian Carp Eradication Program
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
Invasive Species in Noncontiguous States and Territories Pilot Program
"(a)
"(b)
"(1) States, any territory or possession of the United States, and units of local government, including federally recognized Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
"(2) nonprofit organizations with knowledge of, and experience in, forested watershed management, including nonprofit organizations with a primary purpose of serving and partnering with indigenous communities.
"(c)
Prize Competitions
"(1)
"(A)
"(i) a State;
"(ii) a territory of the United States;
"(iii) 1 or more units of local or tribal government;
"(iv) a private for-profit entity;
"(v) a nonprofit organization; or
"(vi) a private individual.
"(B)
"(C)
"(2)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the prevention of wildlife poaching and trafficking; and
"(ii) to award 1 or more prizes annually for a technological advancement that prevents wildlife poaching and trafficking.
"(C)
"(i)
"(ii)
"(I) wildlife trafficking and trade;
"(II) wildlife conservation and management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to prevent wildlife poaching and trafficking; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the prevention of wildlife poaching and trafficking.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the prevention of wildlife poaching and trafficking;
"(II) 1 or more State agencies with jurisdiction over the prevention of wildlife poaching and trafficking;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the prevention of wildlife poaching and trafficking; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the prevention of wildlife poaching and trafficking.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(3)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the promotion of wildlife conservation; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes wildlife conservation.
"(C)
"(i)
"(ii)
"(I) wildlife conservation and management;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote wildlife conservation; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the promotion of wildlife conservation.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the promotion of wildlife conservation;
"(II) 1 or more State agencies with jurisdiction over the promotion of wildlife conservation;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the promotion of wildlife conservation; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the promotion of wildlife conservation.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(4)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the management of invasive species; and
"(ii) to award 1 or more prizes annually for a technological advancement that manages invasive species.
"(C)
"(i)
"(ii)
"(I) invasive species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to manage invasive species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the management of invasive species.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of invasive species;
"(II) 1 or more State agencies with jurisdiction over the management of invasive species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of invasive species.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(5)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the protection of endangered species; and
"(ii) to award 1 or more prizes annually for a technological advancement that protects endangered species.
"(C)
"(i)
"(ii)
"(I) endangered species;
"(II) biology;
"(III) technology development;
"(IV) engineering;
"(V) economics;
"(VI) business development and management; and
"(VII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to protect endangered species; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the protection of endangered species.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the protection of endangered species;
"(II) 1 or more State agencies with jurisdiction over the protection of endangered species;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the protection of endangered species; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the protection of endangered species.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(6)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to the nonlethal management of human-wildlife conflicts; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes the nonlethal management of human-wildlife conflicts.
"(C)
"(i)
"(ii)
"(I) nonlethal wildlife management;
"(II) social aspects of human-wildlife conflict management;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to promote the nonlethal management of human-wildlife conflicts; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian tribes, private entities, and research institutions with expertise or interest relating to the nonlethal management of human-wildlife conflicts.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(G)
"(7)
"(A)
"(i)
"(ii)
"(B)
"(i) to encourage technological innovation with the potential to advance the mission of the United States Fish and Wildlife Service with respect to reducing the frequency of human-predator conflict using nonlethal means; and
"(ii) to award 1 or more prizes annually for a technological advancement that promotes reducing human-predator conflict using nonlethal means, which may include the application and monitoring of tagging technologies.
"(C)
"(i)
"(ii)
"(I) predator-human interactions;
"(II) the habitats of large predators;
"(III) biology;
"(IV) technology development;
"(V) engineering;
"(VI) economics;
"(VII) business development and management; and
"(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
"(iii)
"(I) select a topic;
"(II) issue a problem statement;
"(III) advise the Secretary regarding any opportunity for technological innovation to reduce human-predator conflict using nonlethal means; and
"(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to reducing human-predator conflict using nonlethal means.
"(iv)
"(I) 1 or more Federal agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(II) 1 or more State agencies with jurisdiction over the management of native wildlife species at risk due to conflict with human activities;
"(III) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of native wildlife species at risk due to conflict with human activities; and
"(IV) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of native wildlife species at risk due to conflict with human activities.
"(v)
"(D)
"(i)
"(ii)
"(E)
"(i)
"(ii)
"(F)
"(G)
"(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
"(ii) if the Secretary has entered into an agreement under subparagraph (D)(i), a statement by the National Fish and Wildlife Foundation that describes the activities carried out by the National Fish and Wildlife Foundation relating to the duties described in paragraph (8)(B); and
"(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the winner of the cash prize was selected.
"(H)
"(8)
"(A)
"(i)
"(I)
"(II)
"(aa) shall not affect the powers of the Board; and
"(bb) shall be filled in the same manner as the original appointment was made.
"(ii)
"(iii)
"(I)
"(II)
"(aa)
"(AA) teleconferencing; or
"(BB) any other remote business telecommunications method that allows each participating member to simultaneously hear each other participating member during the meeting.
"(bb)
"(iv)
"(v)
"(vi)
"(B)
"(i)
"(I) advertise the prize competition;
"(II) solicit prize competition participants;
"(III) administer funds relating to the prize competition;
"(IV) receive Federal funds—
"(aa) to administer the prize competition; and
"(bb) to award a cash prize;
"(V) carry out activities to generate contributions of non-Federal funds to offset, in whole or in part—
"(aa) the administrative costs of the prize competition; and
"(bb) the costs of a cash prize;
"(VI) in consultation with, and subject to final approval by, the Secretary, develop criteria for the selection of prize competition winners;
"(VII) provide advice and consultation to the Secretary on the selection of judges under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), (6)(E), and (7)(E) based on criteria developed in consultation with, and subject to the final approval of, the Secretary;
"(VIII) announce 1 or more annual winners of the prize competition;
"(IX) subject to clause (ii), award 1 cash prize annually; and
"(X) protect against unauthorized use or disclosure by the National Fish and Wildlife Foundation of any trade secret or confidential business information of a prize competition participant.
"(ii)
"(iii)
"(I) may request and accept Federal funds and non-Federal funds for a cash prize;
"(II) may accept a contribution for a cash prize in exchange for the right to name the prize; and
"(III) shall not give special consideration to any Federal agency or non-Federal entity in exchange for a donation for a cash prize awarded under this subsection.
"(C)
"(i)
"(ii)
Fees for Training by National Conservation Training Center
Executive Documents
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,
§742b–1. Assistant Director for Wildlife and Sport Fish Restoration Programs
(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 (
(
Editorial Notes
References in Text
The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (c), is act Sept. 2, 1937, ch. 899,
The Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (c), is act Aug. 9, 1950, ch. 658,
§742c. Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels or gear
(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
(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.
(Aug. 8, 1956, ch. 1036, §4,
Editorial Notes
Codification
In subsec. (b)(8), "
Amendments
1986—Subsec. (c).
1984—Subsec. (c).
1983—Subsec. (c).
1982—Subsec. (c).
1980—Subsec. (c).
1976—Subsec. (c).
1970—Subsec. (b)(2).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (c).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
1964—Subsec. (e).
1958—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Effective Date of 1970 Amendment; Fisheries Loan Fund Available for Loans From July 1, 1970 to Close of June 30, 1980
Effective Date of 1965 Amendment; Remaining Funds; Availability for Loans
Loans Under Fish and Wildlife Act of 1956
Executive Documents
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,
§742c–1. Investment in obligations of the United States; proceeds to be used for fisheries
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
(
Editorial Notes
References in Text
Section 1102 of the Merchant Marine Act, 1936, referred to in text, is section 1102 of Act June 29, 1936, ch. 858, which was classified to section 1272 of former Title 46, Appendix, Shipping. Section 1102 was repealed by
Codification
In text, "
1 So in original. Probably should not be capitalized.
§742d. Investigations; preparation and dissemination of information; reports
(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.
(Aug. 8, 1956, ch. 1036, §5,
Statutory Notes and Related Subsidiaries
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
Executive Documents
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,
1 So in original. No subsec. (b) has been enacted.
§742d–1. Studies of effects in use of chemicals
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.
(
Statutory Notes and Related Subsidiaries
Appropriations
Section 2 of
Executive Documents
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.
§742e. Transfer of functions to Secretary
(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.
(Aug. 8, 1956, ch. 1036, §6,
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is act Aug. 8, 1956, ch. 1036,
Executive Documents
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,
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,
§742f. Powers of Secretaries of the Interior and Commerce
(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)
(A)
(B)
(i)
(ii)
(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
(6)
(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
(2) Cooperative agreements
(A) In general
Notwithstanding
(B) Projects and programs
Subject to the requirements of the National Wildlife Refuge System Administration Act of 1966 (
(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 System Administration Act of 1966 (
(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).
(f) Report
Not later than 1 year after January 4, 2011, and every 5 years thereafter, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate—
(1) evaluating the accomplishments of the volunteer program, the community partnerships program, and the refuge education programs authorized under this section, and of the National Volunteer Coordination Program and volunteer coordination strategy under
(2) making recommendations to improve the effectiveness of such programs, including regarding implementing subparagraphs (A), (B), and (C) of paragraph (1) of subsection (e).
(g) Authorization of appropriations
There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), (e), and (f), $2,000,000 for each of fiscal years 2023 through 2027.
(Aug. 8, 1956, ch. 1036, §7,
Editorial Notes
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
The National Wildlife Refuge System Administration Act of 1966, referred to in subsecs. (b)(2)(B)(ii) and (d)(2)(B), (C)(i), consists of sections 4 and 5 of
Amendments
2022—Subsec. (g).
2018—Subsec. (g).
2011—Subsec. (b)(2)(B)(ii).
Subsec. (d)(2)(C)(i).
Subsec. (f).
Subsec. (g).
2004—Subsec. (d)(2)(A).
Subsec. (f).
1998—Subsec. (b)(2).
Subsec. (c)(2).
Subsec. (c)(6).
Subsecs. (d) to (f).
1984—Subsec. (c)(6).
1983—Subsec. (c)(6).
1982—Subsec. (c)(6).
1978—Subsec. (a)(4).
Subsec. (a)(5).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Congressional Findings and Purposes
"(a)
"(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
"(2) the National Wildlife Refuge System Improvement Act of 1997 (
"(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)
"(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
Executive Documents
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,
§742f–1. National Volunteer Coordination Program
(1) In general
Subject to the availability of appropriations, and in conformance with the strategy developed under paragraph (2) and consistent with the authorities regarding gifts, volunteer services, community partnerships, and refuge education enhancement under
(A) augment and support the capabilities and efforts of Federal employees to implement resource management, conservation, and public education programs and activities across the National Wildlife Refuge System;
(B) provide meaningful opportunities for volunteers to support the resource management, conservation, and public education programs and activities of national wildlife refuges or complexes of geographically related national wildlife refuges in each United States Fish and Wildlife Service region; and
(C) fulfill the purpose and mission of the National Wildlife Refuge System under the National Wildlife Refuge System Administration Act of 1966 (
(2) Volunteer coordination strategy
(A) In general
No later than one year after January 4, 2011, the Director shall publish in the Federal Register a national strategy for the coordination and utilization of volunteers within the National Wildlife Refuge System.
(B) Consultation required
The strategy shall be developed in consultation with State fish and wildlife agencies, Indian tribes, refuge friends groups or similar volunteer organizations, and other relevant stakeholders.
(C) Volunteer coordinators
The Director shall provide, subject to the availability of appropriations, no less than one regional volunteer coordinator for each United States Fish and Wildlife Service region to implement the strategy published under this paragraph. Such coordinators may be responsible for assisting partner organizations in developing and implementing volunteer projects and activities under cooperative agreements under
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000 for each fiscal year through fiscal year 2014.
(
Editorial Notes
References in Text
The National Wildlife Refuge System Administration Act of 1966, referred to in par. (1)(C), consists of sections 4 and 5 of
Codification
Section was formerly set out as a note under
Amendments
2011—
Par. (1).
Par. (2).
Par. (3).
Par. (4).
2004–
Par. (1).
Par. (2).
Par. (3).
Par. (4).
§742g. Cooperation with State Department
(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
(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.
(Aug. 8, 1956, ch. 1036, §8,
Executive Documents
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,
§742h. Reports on fishery products
(a) Repealed.
(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
(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.
(Aug. 8, 1956, ch. 1036, §9,
Editorial Notes
References in Text
Amendments
1980—Subsec. (a).
1975—Subsec. (b).
Executive Documents
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,
§742i. Effect on rights of States and international commissions
Nothing in this Act shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act [
(Aug. 8, 1956, ch. 1036, §10,
Editorial Notes
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036,
The Submerged Lands Act, referred to in text, is act May 22, 1953, ch. 65,
§742j. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
(Aug. 8, 1956, ch. 1036, §11,
Editorial Notes
References in Text
This Act, referred to in text, is act Aug. 8, 1956, ch. 1036,
§742j–1. Airborne hunting
(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.
(Aug. 8, 1956, ch. 1036, §13, as added
Editorial Notes
Amendments
1972—Subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (d) pursuant to section 321 of
Effective Date
§742j–2. Uniform allowance
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.
(Aug. 8, 1956, ch. 1036, §14, as added
1 So in original. Probably should be "section".
§742k. Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities
For the purpose of facilitating administration of, and protecting the interest of the Government in, the fishery loan fund established by
(
Executive Documents
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,
§742l. Enforcement authority for the protection of fish and wildlife resources
(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 programs shall be conducted to the maximum extent practicable through established programs.
(2) There are authorized to be appropriated beginning with fiscal year 1980 such funds as may be necessary to carry out the purposes of subsection (b), and the Secretary of the Interior and the Secretary of Commerce may each require reimbursement from the States for expenditures made pursuant to subsections (b)(1)(A) and (C).
(b) Law enforcement cooperative agreement
Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Commerce may each utilize by agreement, with or without reimbursement, the personnel, services and facilities of any other Federal or State agency to the extent he deems it necessary and appropriate for effective enforcement of any Federal or State laws on lands, waters, or interests therein under his jurisdiction which are administered or managed for fish and wildlife purposes and for enforcement of any laws administered by him relating to fish and wildlife. Persons so designated by either Secretary, who are not employees of another Federal agency—
(1) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, competitive examination, rates of compensation, and Federal employee benefits, but may be considered eligible for compensation for work injuries under subchapter III of
(2) shall be considered to be investigative or law enforcement officers of the United States for the purposes of the tort claim provisions of title 28;
(3) may, to the extent specified by either Secretary, search, seize, arrest, and exercise any other law enforcement functions or authorities under Federal laws relating to fish and wildlife, where such authorities are made applicable by this or any other law to employees, officers, or other persons designated or employed by either Secretary; and
(4) shall be considered to be officers or employees of the Department of the Interior or the Department of Commerce, as the case may be, within the meaning of
(c) Disposal of abandoned or forfeited property
(1) In general
Subject to paragraph (2), notwithstanding any other provision of law, all fish, wildlife, plants, or any other items abandoned or forfeited to the United States under any laws administered by the Secretary of the Interior or the Secretary of Commerce relating to fish, wildlife, or plants, shall be disposed of by either Secretary in such a manner as he deems appropriate (including, but not limited to, loan, gift, sale, or destruction).
(2) Prohibition on sale of certain items
In carrying out paragraph (1), the Secretary of the Interior and the Secretary of Commerce may not sell any species of fish, wildlife, or plant, or derivative thereof, for which the sale is prohibited by another Federal law.
(3) Use of revenues
The Secretary of the Interior and the Secretary of Commerce may each expend any revenues received from the disposal of items under paragraph (1), and all sums referred to in the first sentence of
(A) to make payments in accordance with those sections; and
(B) to pay costs associated with—
(i) shipping items referred to in paragraph (1) to and from the place of storage, sale, or temporary or final disposal, including temporary or permanent loan;
(ii) storage of the items, including inventory of, and security for, the items;
(iii) appraisal of the items;
(iv) sale or other disposal of the items in accordance with applicable law, including auctioneer commissions and related expenses;
(v) payment of any valid liens or other encumbrances on the items and payment for other measures required to clear title to the items; and
(vi) in the case of the Secretary of the Interior only, processing and shipping of eagles and other migratory birds, and parts of migratory birds, for Native American religious purposes.
(d) Disclaimer
Nothing in this section shall be construed to invalidate any law enforcement agreement or delegation made by the Secretary of the Interior or the Secretary of Commerce with respect to fish and wildlife matters prior to November 8, 1978.
(e) to (j) Omitted
(k) Law enforcement operations
With respect to any undercover or other enforcement operation which is necessary for the detection and prosecution of violations of any laws administered by the United States Fish and Wildlife Service or the National Marine Fisheries Service relating to fish, wildlife, or plants, the Secretary of the Interior or the Secretary of Commerce may, notwithstanding any other provision of law—
(1) direct the advance of funds which may be deposited in commercial banks or other financial institutions;
(2) use appropriations for payment for information, rewards, or evidence concerning violations, without reference to any rewards to which such persons may otherwise be entitled by law, and any moneys subsequently recovered shall be reimbursed to the current appropriation; and
(3) use appropriations to establish or acquire proprietary corporations or business entities as part of an undercover operation, operate such corporations or business entities on a commercial basis, lease space and make other necessary expenditures, and use the proceeds from such undercover operations to offset necessary and reasonable expenses incurred in such operations: Provided, That at the conclusion of each such operation the proceeds shall be deposited in the Treasury of the United States as miscellaneous receipts.
(
Editorial Notes
References in Text
This section, referred to in subsec. (d), means section 3 of
Codification
Section is comprised of subsecs. (a) to (d) and (k) of section 3 of
Amendments
1998—Subsec. (c).
1982—Subsec. (k).
Statutory Notes and Related Subsidiaries
Congressional Findings and Purposes
"(a)
"(1) the United States Fish and Wildlife Service (referred to in this Act [amending this section and enacting provisions set out as a note under
"(A) is responsible for storage and disposal of items derived from fish, wildlife, and plants, including eagles and eagle parts, and other items that have become the property of the United States through abandonment or forfeiture under applicable laws relating to fish, wildlife, or plants;
"(B) distributes many of those items for educational and scientific uses and for religious purposes of Native Americans; and
"(C) unless otherwise prohibited by law, may dispose of some of those items by sale, except items derived from endangered or threatened species, marine mammals, and migratory birds;
"(2) under law in effect on the date of enactment of this Act [Oct. 30, 1998], the revenue from sale of abandoned items is not available to the Service, although approximately 90 percent of the items in possession of the Service have been abandoned; and
"(3) making revenue from the sale of abandoned items available to the Service will enable the Service—
"(A) to cover costs incurred in shipping, storing, and disposing of items derived from fish, wildlife, and plants; and
"(B) to make more extensive distributions of those items for educational, scientific, and Native American religious purposes.
"(b)
§742l–1. Authority to use available law enforcement funds
In fiscal year 2023 and hereafter of the amount available for law enforcement, up to $750,000, to remain available until expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate.
(
Editorial Notes
Amendments
2022—
§742m. Relinquishment of exclusive legislative jurisdiction
Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, the exclusive legislative jurisdiction of the United States over all or part of any United States Fish and Wildlife Service lands or interests therein, including but not limited to National Wildlife Refuge System and National Fish Hatchery System lands, in that State, Commonwealth, territory, or possession. Relinquishment of exclusive legislative jurisdiction under this subsection may be accomplished (1) by filing with the Governor (or, if none, the chief executive officer) of the State, Commonwealth, territory, or possession concerned, a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide.
(
§743. Repealed. Pub. L. 93–280, §1(2), May 10, 1974, 88 Stat. 123
Section, act Mar. 3, 1885, ch. 360, §1(1),
§743a. Detail of personnel and loan of equipment to Director of Bureau of Sport Fisheries and Wildlife
(a) "Agency" defined
As used in this section, the term "agency" means the department in which the Coast Guard is operating, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, and the National Aeronautics and Space Administration.
(b) Personnel and equipment available
The chief executive officer of each agency may from time to time—
(i) detail from the agency for duty under the Director of the Bureau of Sport Fisheries and Wildlife, Department of the Interior, such commissioned and enlisted personnel and civilian employees as may be spared for such duty; and
(ii) consonant with the operational needs of the agency, loan equipment of the agency to the Director.
(c) Reports to Congress
The Director of the United States Fish and Wildlife Service shall make a report to Congress at the end of any fiscal year that the provisions of this section are utilized, which describes the use of the provisions of this section, and the additional cost, if any, to the Federal Government resulting therefrom. Such report shall be referred in the Senate to the Committee on Commerce, Science, and Transportation and in the House of Representatives to the Committee on Merchant Marine and Fisheries.
(Mar. 3, 1885, ch. 360, §1(2), as added
Editorial Notes
References in Text
The Bureau of Sport Fisheries and Wildlife, referred to in subsec. (b), was replaced and succeeded by the United States Fish and Wildlife Service. See
Amendments
1994—Subsec. (c).
1980—Subsec. (c).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Atomic Energy Commission abolished and functions transferred by
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of
§744. Investigations; fish propagation; investigations of damages by predacious fishes; executive assistance
The Secretary of the Interior or the Secretary of Commerce, as appropriate, shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. He is authorized and directed to conduct investigations and experiments for the purpose of ameliorating the damage wrought to the fisheries by dogfish and other predacious fishes and aquatic animals. Said investigations and experiments shall be such as to develop the best and cheapest means of taking such fishes and aquatic animals, of utilizing them for economic purposes, especially for food, and to encourage the establishment of fisheries and markets for them.
The heads of the several executive departments shall cause to be rendered all necessary and practicable aid to the Secretary in the prosecution of his investigations and inquiries.
(R.S. §§4396, 4397; Mar. 3, 1887, ch. 362,
Editorial Notes
Codification
R.S. §4396 derived from Res. Feb. 9, 1871, No. 22, §2,
R.S. §4397 derived from Res. Feb. 9, 1871, No. 22, §3,
Amendments
1980—
Statutory Notes and Related Subsidiaries
Survey of Marine and Fresh-Water Resources
Act May 11, 1944, ch. 195,
Executive Documents
Transfer of Functions
Secretary of the Interior or Secretary of Commerce, as appropriate, and Secretary substituted for Director of Fish and Wildlife Service and Director 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 Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior 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,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Reorg. Plan No. III of 1940, §3, eff. June 30, 1940, 5 F.R. 2108,
Reorg. Plan No. II of 1939, §4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
§745. Powers of Secretary
The Secretary of the Interior or the Secretary of Commerce, as appropriate, may take or cause to be taken at all times, in the waters of the seacoast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding.
(R.S. §4398; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108,
Editorial Notes
Codification
R.S. §4398 derived from Res. Feb. 9, 1871, No. 22, §4,
Executive Documents
Transfer of Functions
Secretary of the Interior or Secretary of Commerce, as appropriate, substituted for Director of Fish and Wildlife Service in view of transfer of functions by Reorg. Plan No. 4 of 1970, see note set out under
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Transfer and consolidation of bureaus and functions, see note set out under
§746. Vessels of Fish and Wildlife Service
The Secretary of the Navy is authorized to place the vessels of the United States Fish and Wildlife Service on the same footing with the Navy Department as those of the National Ocean Survey.
(May 31, 1880, ch. 113,
Executive Documents
Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Transfer and consolidation of bureaus and functions, see note set out under
§746a. Operation and maintenance fees for the M/V Tiglax and other vessels
On and after October 21, 1998, pursuant to
(
§747. Omitted
Editorial Notes
Codification
Section, acts Mar. 28, 1922, ch. 117, title I,
§748. Expenditure of appropriations for propagation of food fishes
Appropriations for propagation of food fishes shall not be expended for hatching or planting fish or eggs in any State in which, in the judgment of the Secretary of the Interior, there are not adequate laws for the protection of the fishes, nor in any State in which the United States Director of the Fish and Wildlife Service and his duly authorized agents are not accorded full and free right to conduct fish-cultural operations, and all fishing and other operations necessary therefor, in such manner and at such times as is considered necessary and proper by the said director or his agents.
(July 1, 1918, ch. 113, §1,
Executive Documents
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,
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Transfer and consolidation of bureaus and functions, see note set out under
§749. Omitted
Editorial Notes
Codification
Section, act June 16, 1921, ch. 23, §4,
§750. Station on Mississippi River for rescue of fishes and propagation of mussels
There shall be established on the Mississippi River, at a point to be selected by the Secretary of the Interior or the Secretary of Commerce, as appropriate, a station for the rescue of fishes and the propagation of mussels in connection with fish-rescue operations throughout the Mississippi Valley.
(Apr. 28, 1922, ch. 153, §1,
Executive Documents
Transfer of Functions
Secretary of Commerce also empowered to carry out statutory provisions 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 Department of the Interior and Office of Director of such Bureau; transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife; and certain transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior 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 by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Transfer and consolidation of bureaus and functions, see note set out under
§751. Personnel
In connection with the establishment of such fish-rescue station there is authorized the following personnel, namely: One district supervisor, to have general charge of fish-rescue and fish-cultural operations in the Mississippi Valley; a superintendent, two field foremen, four fish-culturists at large, one engineer at large, one clerk, two coxswains at large, and two apprentice fish-culturists.
(Apr. 28, 1922, ch. 153, §2,
Editorial Notes
Codification
Provisions relating to the compensation of such personnel have been omitted as such pay is fixed pursuant to
Executive Documents
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§752. Omitted
Editorial Notes
Codification
Section, act July 2, 1942, ch. 473, §1,
§753. Cooperative work
On and after July 2, 1942, cooperative work conducted by the United States Fish and Wildlife Service shall be subject to the provisions of the Act of July 24, 1919 [
(July 2, 1942, ch. 473, §1,
Editorial Notes
References in Text
Act of July 24, 1919, referred to in text, was formerly classified to
Prior Provisions
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1,
Executive Documents
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§753a. Cooperative research and training programs for fish and wildlife resources
For the purpose of developing adequate, coordinated, cooperative research and training programs for fish and wildlife resources, the Secretary of the Interior or the Secretary of Commerce, as appropriate, is authorized to continue to enter into cooperative agreements with colleges and universities, with game and fish departments of the several States, and with nonprofit organizations relating to cooperative research units: Provided, That Federal participation in the conduct of such cooperative unit programs shall be limited to the assignment of Department of the Interior or Department of Commerce scientific personnel by the Secretary to serve at the respective units, to the provision of assistance (including reasonable financial compensation) for the work of researchers on fish and wildlife ecology and resource management projects funded under this subsection 1 to supply for the use of the particular units' operations such equipment as may be available to the Secretary for such purposes, and the payment of incidental expenses of Federal personnel and employees of cooperating agencies assigned to the units.
(
Editorial Notes
Amendments
1978—
Executive Documents
Transfer of Functions
Reference to Secretary of Commerce and Department of Commerce inserted 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 Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior 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,
1 So in original. Probably should be "section".
§753b. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of
(
§754. Commutation of rations for officers and crews of vessels of Service
On and after July 2, 1942, commutation of rations (not to exceed $1 per man per day) may be paid to officers and crews of vessels of the United States Fish and Wildlife Service under regulations prescribed by the Secretary of the Interior, and money accruing from commutation of rations on board vessels may be paid on proper vouchers to the persons having charge of the mess of such vessels; and
(July 2, 1942, ch. 473, §1,
Editorial Notes
Codification
"
Prior Provisions
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, §1,
Executive Documents
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,
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§754a. Appropriations for United States Fish and Wildlife Service; purchases from
The Secretary of the Interior may purchase, to the extent of not to exceed $5,000, from the appropriations for the United States Fish and Wildlife Service, clothing and small stores for the crews of vessels, to be sold to the employees of said service and the appropriations reimbursed.
(July 1, 1918, ch. 113, §1,
Editorial Notes
Codification
Section was formerly classified to
Executive Documents
Transfer of Functions
Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107,
Functions of all other officers of Department of the Interior and functions of all agencies and employees of Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Bureau of Fisheries consolidated with Bureau of Biological Survey into Fish and Wildlife Service in Department of the Interior, and offices of Commissioner and Deputy Commissioner of Fisheries abolished by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, Government Organization and Employees. See, also, sections 8 and 9 of that plan for provisions relating to transfer of records, property, personnel, and funds. Bureau previously transferred to Department of the Interior by Reorg. Plan No. II of 1939, §4(e), also set out in the Appendix to Title 5.
§754b. Funds from private entities credited to Resource Management account
Notwithstanding any other provision of law, in fiscal year 1999 and thereafter, sums provided by private entities for activities pursuant to reimbursable agreements shall be credited to the "Resource Management" account and shall remain available until expended.
(
§754c. Work under reimbursable agreements; recording obligations and crediting amounts received
Before, on, and after November 29, 1999, in carrying out work under reimbursable agreements with any State, local, or tribal government, the United States Fish and Wildlife Service may, without regard to
(
§754d. Fee schedule for forensic laboratory services
In fiscal year 2001 and thereafter and notwithstanding any other provision of law, the United States Fish and Wildlife Service shall establish and implement a fee schedule to permit a return to the Service for forensic laboratory services provided to non-Department of the Interior entities. Fees shall be collected as determined appropriate by the Director of the Fish and Wildlife Service and shall be credited to this appropriation and be available for expenditure without further appropriation until expended.
(
§754e. Funds for contaminant sample analyses
In fiscal year 2012 and hereafter, of the amount provided for environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses.
(