16 USC 757a – 757g Anadromous Fish Conservation Act

§ 754c

TITLE 16—CONSERVATION

§ 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 section 1341 of title 31 and
notwithstanding any other provision of law or
regulation, record obligations against accounts
receivable from such entities, and shall credit
amounts received from such entities to this appropriation, such credit to occur within 90 days
of the date of the original request by the Service
for payment.
(Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov.
29, 1999, 113 Stat. 1535, 1501A–140.)
§ 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.
(Pub. L. 106–291, title I, § 136, Oct. 11, 2000, 114
Stat. 948.)
§ 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.
(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125
Stat. 988.)
CHAPTER 9A—PRESERVATION OF FISHERY
RESOURCES
Sec.

755.
756.

757.
757a.
757b.

757c.
757d.
757e.
757f.
757g.
758.

758a.
758b.

Salmon-cultural stations; establishment; expenditure of funds.
Investigations, surveys, and experiments;
construction and installation of conservation devices, etc.
Utilization of State services; expenditure of
funds.
Anadromous, Great Lakes, and Lake Champlain fisheries.
Authority of the Secretary with regards to
Anadromous and Great Lakes fisheries; development and management.
Approval for activities on land administered
by other Federal departments or agencies.
Authorization of appropriations.
Application to Columbia River basin.
Studies on pollution; recommendations to
Secretary of Health and Human Services.
Repealed.
Exploration, investigation, development, and
maintenance of fishing resources and industry of Pacific Ocean.
Conduct of explorations and related work in
Pacific Ocean.
Cooperation with agencies, organizations, and
others.

Page 1192

Sec.

758c.

Authorization of appropriations for research
laboratory, experiment stations, dock and
storehouse facilities, vessels, etc., for activities in the Pacific Ocean; transfer of
surplus vessels.
758d.
Pacific Ocean activities; future appropriations.
758e.
Central, Western, and South Pacific Ocean
fisheries development program.
758e–1.
Consultation and cooperation between certain Federal officers, affected States, etc.,
in carrying out program.
758e–1a. Cooperative program for development of tuna
and other latent fishery resources in area;
establishment; availability of project information.
758e–2.
Repealed.
758e–3.
Regulations; contract terms and conditions.
758e–4.
‘‘Central, Western, and South Pacific Ocean
area’’ defined.
758e–5.
Authorization of appropriations.
759.
Omitted.
760.
Establishment of rearing ponds and fish
hatchery in Kentucky.
760–1.
Kentucky fish hatchery; authorization of appropriations.
760–2.
Establishment of fish hatchery in Montana.
760–3.
Establishment of trout hatchery in Pisgah
National Forest.
760–4.
Establishment of trout hatchery at Pittsford,
Vermont.
760–5.
Establishment of fish hatchery at Paint
Bank, Virginia.
760–6.
Virginia fish hatchery; authorization of appropriations.
760–7.
Establishment of fish hatchery in West Virginia.
760–8.
West Virginia fish hatchery; authorization of
appropriations.
760–9.
Establishment of fish hatchery in Pennsylvania.
760–10.
Pennsylvania fish hatchery; authorization of
appropriations.
760–11.
Acceptance and development of fish hatchery
in South Carolina.
760–12.
South Carolina fish hatchery; authorization
of appropriations.
760a.
Atlantic Coast fish study for development and
protection of fish resources.
760b.
Equipment for studies; cooperation of Federal
departments and agencies.
760c.
Studies; authorization of appropriations.
760d.
Grants for education and training of personnel in the field of commercial fishing.
760e.
Study of migratory game fish; waters; research; purpose.
760f.
Migratory game fish study; authorization to
acquire facilities, employ officers and employees, cooperate with State and other
agencies, and to publish results.
760g.
Authorization of appropriations for migratory game fish study.
760h to 760l. Omitted.

§ 755. Salmon-cultural stations; establishment;
expenditure of funds
The Secretary of Commerce is authorized and
directed to establish one or more salmon-cultural stations in the Columbia River Basin in
each of the States of Oregon, Washington, and
Idaho. Any sums appropriated for the purpose of
establishing such stations may be expended, and
such stations shall be established, operated and
maintained, in accordance with the provisions of
the Act entitled ‘‘An Act to provide for a fiveyear construction and maintenance program for
the United States Bureau of Fisheries’’, ap-

Page 1193

§ 757a

TITLE 16—CONSERVATION

proved May 21, 1930, ch. 306, 46 Stat. 371, insofar
as the provisions of such Act are not inconsistent with the provisions of this section and sections 756 and 757 of this title.
(May 11, 1938, ch. 193, § 1, 52 Stat. 345; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090.)
REFERENCES IN TEXT
Act May 21, 1930, ch. 306, 46 Stat. 371, referred to in
text, was not classified to the Code.
TRANSFER OF FUNCTIONS
Secretary of Commerce substituted for 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 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,
84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.
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, 64 Stat. 1262, set out in
the Appendix to Title 5.
Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5,
consolidated Bureau of Fisheries and Bureau of Biological Survey with their respective functions into one
agency in Department of the Interior to be known as
Fish and Wildlife Service, and provided that functions
of consolidated agency shall be administered under direction and supervision of Secretary of the Interior.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce and its functions to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior.

§ 756. Investigations, surveys, and experiments;
construction and installation of conservation
devices, etc.
The Secretary of Commerce is further authorized and directed (1) to conduct such investigations, and such engineering and biological surveys and experiments, as may be necessary to
direct and facilitate conservation of the fishery
resources of the Columbia River and its tributaries; (2) to construct and install devices in the
Columbia River Basin for the improvement of
feeding and spawning conditions for fish, for the
protection of migratory fish from irrigation
projects, and for facilitating free migration of
fish over obstructions; and (3) to perform all
other activities necessary for the conservation
of fish in the Columbia River Basin in accordance with law.
(May 11, 1938, ch. 193, § 2, 52 Stat. 345; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Aug. 8, 1946, ch. 883, § 1, 60 Stat. 932;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090.)
AMENDMENTS
1946—Act Aug. 8, 1946, struck out requirement to
maintain conservation devices, etc.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior and prior transfers, see note
set out under section 755 of this title.

§ 757. Utilization of State services; expenditure of
funds
In carrying out the authorizations and duties
imposed by section 756 of this title, the Secretary of Commerce is authorized to utilize the
facilities and services of the agencies of the
States of Oregon, Washington, and Idaho responsible for the conservation of the fish and wildlife
resources in such States, under the terms of
agreements entered into between the United
States and these States, without regard to the
provisions of section 6101 of title 41, and funds
appropriated to carry out the purposes of sections 755 to 757 of this title may be expended for
the construction of facilities on and the improvement of lands not owned or controlled by
the United States: Provided, That the appropriate agency of the State wherein such construction or improvement is to be carried on
first shall have obtained without cost to the
United States the necessary title to, interest
therein, rights-of-way over, or licenses covering
the use of such lands.
(May 11, 1938, ch. 193, § 3, 52 Stat. 345; Aug. 8,
1946, ch. 883, § 2, 60 Stat. 932; 1970 Reorg. Plan No.
4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
CODIFICATION
In text, ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes’’ on authority of Pub.
L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act
enacted Title 41, Public Contracts.
AMENDMENTS
1946—Act Aug. 8, 1946, amended section generally to
provide for utilization of State services, and for expenditure of funds for construction of facilities and improvements on lands not owned by the United States.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior, by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 757a. Anadromous, Great Lakes, and Lake
Champlain fisheries
(a) Conservation, development, and enhancement; cooperative agreements; costs
For the purpose of conserving, developing, and
enhancing within the several States the anadromous fishery resources of the Nation that are
subject to depletion from water resources developments and other causes, or with respect to
which the United States has made conservation
commitments by international agreements, and
for the purpose of conserving, developing, and
enhancing the fish in the Great Lakes and Lake
Champlain that ascend streams to spawn, the
Secretary of the Interior is authorized to enter

§ 757a

TITLE 16—CONSERVATION

into cooperative agreements with one or more
States, acting jointly or severally, that are concerned with the development, conservation, and
enhancement of such fish, and, whenever he
deems it appropriate, with other non-Federal interests. Such agreements shall describe (1) the
actions to be taken by the Secretary and the cooperating parties, (2) the benefits that are expected to be derived by the States and other
non-Federal interests, (3) the estimated cost of
these actions, (4) the share of such costs to be
borne by the Federal Government and by the
States and other non-Federal interests: Provided, That, except as provided in subsection (c)
of this section, the Federal share, including the
operation and maintenance costs of any facilities constructed by the Secretary pursuant to
sections 757a to 757f of this title, which he annually determines to be a proper Federal cost,
shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided further, That the non-Federal
share may be in the form of real or personal
property, the value of which will be determined
by the Secretary, as well as money, (5) the term
of the agreement, (6) the terms and conditions
for disposing of any real or personal property acquired by the Secretary during or at the end of
the term of the agreement, and (7) such other
terms and conditions as he deems desirable.
(b) Operation, management, and administration
of property; research
(1) The Secretary may also enter into agreements with the States for the operation of any
facilities and management and administration
of any lands or interests therein acquired or facilities constructed pursuant to sections 757a to
757f of this title.
(2) In carrying out responsibilities under this
section, the Secretary shall conduct, promote,
and encourage research in preparation for the
implementation of the use of ecosystems and
interspecies approaches to the conservation and
management of anadromous and Great Lakes
fishery resources.
(c) Increase of Federal share
(1) Whenever two or more States having a
common interest in any basin jointly enter into
a cooperative agreement with the Secretary
under subsection (a) of this section to carry out
a research and development program to conserve, develop, and enhance anadromous fishery
resources of the Nation, or fish in the Great
Lakes and Lake Champlain that ascend streams
to spawn, the Federal share of the program costs
shall be increased to a maximum of 662⁄3 per centum. For the purpose of this subsection, the
term ‘‘basin’’ includes rivers and their tributaries, lakes, and other bodies of water or portions thereof.
(2) In the case of any State that has implemented an interstate fisheries management plan
for anadromous fishery resources, prepared by
an interstate commission, the Federal share of
any grant made under this section to carry out
activities required by such plan shall be up to 90
percent. For purposes of this paragraph, the
term ‘‘interstate commission’’ means—
(A) the commission established by the Atlantic States Marine Fisheries Compact (as

Page 1194

consented to and approved by Public Law
80–77 1), approved May 4, 1942 (56 Stat. 267);
(B) the commission established by the Pacific Marine Fisheries Compact (as consented
to and approved by Public Law 80–232 1), approved July 24, 1947 (16 Stat. 419); and
(C) the commission established by the Gulf
States Marine Fisheries Compact (as consented to and approved by Public Law 81–66),
approved May 19, 1949 (63 Stat. 70).
(Pub. L. 89–304, § 1, Oct. 30, 1965, 79 Stat. 1125;
Pub. L. 91–249, § 1, May 14, 1970, 84 Stat. 214; Pub.
L. 93–362, § 3(a), July 30, 1974, 88 Stat. 398; Pub. L.
95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L. 96–118,
§ 1, Nov. 16, 1979, 93 Stat. 859; Pub. L. 97–453,
§ 14(b)(1), Jan. 12, 1983, 96 Stat. 2492; Pub. L.
98–44, title I, § 104, July 12, 1983, 97 Stat. 216; Pub.
L. 107–372, title III, § 303(b), Dec. 19, 2002, 116
Stat. 3095.)
REFERENCES IN TEXT
Public Law 80–77, May 4, 1942, 56 Stat. 267, referred to
in subsec. (c)(2)(A), probably means act May 4, 1942, ch.
283 [Public Law 539, 77th Cong.], 56 Stat. 267, which is
not classified to the Code.
Public Law 80–232, July 24, 1947, 16 Stat. 419, referred
to in subsec. (c)(2)(B), probably means act July 24, 1947,
ch. 316 [Public Law 232, 80th Cong.], 61 Stat. 419, which
is not classified to the Code.
Public Law 81–66, May 19, 1949, 63 Stat. 70, referred to
in subsec. (c)(2)(C), is act May 19, 1949, ch. 128 [Public
Law 66, 81st Cong.], 63 Stat. 70, which is not classified
to the Code.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–372 designated existing
provisions as par. (1) and added par. (2).
1983—Subsec. (c)(2). Pub. L. 98–44 substituted ‘‘resources, prepared by an interstate commission’’ for ‘‘resources’’, substituted ‘‘up to 90 percent’’ for ‘‘90 percent’’, and inserted provision defining interstate commission for purposes of this paragraph.
Subsec. (c). Pub. L. 97–453 designated existing provisions as par. (1) and added par. (2).
1979—Subsec. (c). Pub. L. 96–118 struck out provisions
respecting cost to Federal government of operation and
maintenance of structures, devices, etc., constructed by
States under cooperative agreements.
1978—Subsecs. (a), (c). Pub. L. 95–464 inserted ‘‘and
Lake Champlain’’ after ‘‘Great Lakes’’.
1974—Subsec. (c). Pub. L. 93–362 substituted ‘‘662⁄3 per
centum’’ for ‘‘60 per centum’’.
1970—Subsec. (a). Pub. L. 91–249, § 1(a), made the Federal share of the cost of conservation, development and
enhancement of the anadromous fishery resources subject to the provisions of subsec. (c) of this section.
Subsec. (c). Pub. L. 91–249, § 1(b), added subsec. (c).
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–372, title III, § 301, Dec. 19, 2002, 116 Stat.
3094, provided that: ‘‘This title [amending this section,
sections 757d, 971h, 4101, 4107, and 5610 of this title, and
provisions set out as a note under section 857–19 of
Title 33, Navigation and Navigable Waters] may be
cited as the ‘Fisheries Conservation Act of 2002’.’’
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–130, § 1, Oct. 17, 1991, 105 Stat. 626, provided
that: ‘‘This Act [amending section 757g of this title and
provisions set out as notes under section 1851 of this
title] may be cited as the ‘Striped Bass Act of 1991’.’’
SHORT TITLE
Section 8, formerly section 7, of Pub. L. 89–304, as
added by Pub. L. 91–249, § 3, May 14, 1970, 84 Stat. 214,
1 See

References in Text note below.

Page 1195

and renumbered by Pub. L. 96–118, § 4, Nov. 16, 1979, 93
Stat. 859, provided that: ‘‘This Act [enacting this section and sections 757b to 757g of this title] may be cited
as the ‘Anadromous Fish Conservation Act’.’’
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior, by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 757b. Authority of the Secretary with regards to
Anadromous and Great Lakes fisheries; development and management
The Secretary, in accordance with any agreements entered into pursuant to section 757a(a) of
this title, is authorized (1) to conduct such investigations, engineering and biological surveys,
and research as may be desirable to carry out
the program; (2) to carry out stream clearance
activities; (3) to construct, install, maintain,
and operate devices and structures for the improvement of feeding and spawning conditions,
for the protection of fishery resources, and for
facilitating the free migration of the fish, and
for the control of the sea lamprey; (4) to construct, operate, and maintain fish hatcheries
wherever necessary to accomplish the purposes
of sections 757a to 757f of this title; (5) to conduct such studies and make such recommendations as the Secretary determines to be appropriate regarding the development and management of any stream or other body of water for
the conservation and enhancement of anadromous fishery resources and the fish in the
Great Lakes and Lake Champlain that ascend
streams to spawn: Provided, That the reports on
such studies and the recommendations of the
Secretary shall be transmitted to the States,
the Congress, and the Federal water resources
construction agencies for their information: Provided further, That sections 757a to 757f of this
title shall not be construed as authorizing the
formulation or construction of water resources
projects, except that water resources projects
which are determined by the Seretary 1 to be
needed solely for the conservation, protection,
and enhancement of such fish may be planned
and constructed by the Bureau of Reclamation
in its currently authorized geographic area of
responsibility or by the Corps of Engineers, or
by the Department of Agriculture, or by the
States, with funds made available by the Secretary under sections 757a to 757f of this title
and subject to the cost-sharing and appropriations provisions of sections 757a to 757f of this
title; (6) to acquire lands or interests therein by
purchase, lease, donation, or exchange for acquired lands or public lands under his jurisdiction which he finds suitable for disposition: Provided, That the lands or interests therein so exchanged shall involve approximately equal values, as determined by the Secretary: Provided
further, That the Secretary may accept cash
from, or pay cash to, the grantor in such an exchange in order to equalize the values of the
properties exchanged; (7) to accept donations of
funds and to use such funds to acquire or manage lands or interests therein; and (8) to administer such lands or interests therein for the pur1 So

§ 757d

TITLE 16—CONSERVATION

in original. Probably should be ‘‘Secretary’’.

poses of sections 757a to 757f of this title. Title
to lands or interests therein acquired pursuant
to sections 757a to 757f of this title shall be in
the cooperating States or other non-Federal interests.
(Pub. L. 89–304, § 2, Oct. 30, 1965, 79 Stat. 1125;
Pub. L. 93–362, § 1, July 30, 1974, 88 Stat. 398; Pub.
L. 95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L.
96–118, § 2, Nov. 16, 1979, 93 Stat. 859.)
AMENDMENTS
1979—Pub. L. 96–118 substituted ‘‘cooperating States
or other non-Federal interests’’ for ‘‘United States’’.
1978—Cl. (5). Pub. L. 95–464 inserted ‘‘and Lake Champlain’’ after ‘‘Great Lakes’’.
1974—Cl. (3). Pub. L. 93–362 inserted reference to the
control of the sea lamprey.

§ 757c. Approval for activities on land administered by other Federal departments or agencies
Activities authorized by sections 757a to 757f
of this title to be performed on lands administered by other Federal departments or agencies
shall be carried out only with the prior approval
of such departments or agencies.
(Pub. L. 89–304, § 3, Oct. 30, 1965, 79 Stat. 1126.)
§ 757d. Authorization of appropriations
There are authorized to be appropriated to
carry out the purposes of sections 757a to 757f of
this title not to exceed $4,500,000 for each of fiscal years 2007 through 2012.
(Pub. L. 89–304, § 4, Oct. 30, 1965, 79 Stat. 1126;
Pub. L. 91–249, § 2, May 14, 1970, 84 Stat. 214; Pub.
L. 93–362, §§ 2, 3(b), July 30, 1974, 88 Stat. 398; Pub.
L. 96–118, § 3, Nov. 16, 1979, 93 Stat. 859; Pub. L.
97–453, § 14(b)(2), Jan. 12, 1983, 96 Stat. 2492; Pub.
L. 99–659, title IV, § 402, Nov. 14, 1986, 100 Stat.
3737; Pub. L. 101–627, title IV, § 401, Nov. 28, 1990,
104 Stat. 4462; Pub. L. 104–297, title IV, § 403, Oct.
11, 1996, 110 Stat. 3619; Pub. L. 107–372, title III,
§ 303(a), Dec. 19, 2002, 116 Stat. 3095; Pub. L.
109–479, title III, § 302(h), Jan. 12, 2007, 120 Stat.
3625.)
AMENDMENTS
2007—Pub. L. 109–479 amended section generally. Prior
to amendment, section authorized appropriations to
carry out sections 757a to 757f of this title for fiscal
years 2003 to 2006 and limited the obligation of funds in
any one State to not more than $625,000.
2002—Pub. L. 107–372 amended section generally. Prior
to amendment, section authorized appropriations to
carry out sections 757a to 757f of this title of not to exceed $4,000,000 for fiscal year 1997 and $4,250,000 for each
of fiscal years 1998, 1999, and 2000, and limited the obligation of funds in any one State to not more than
$625,000.
1996—Pub. L. 104–297 amended section generally. Prior
to amendment, section authorized appropriations to
carry out sections 757a to 757g of this title of not to exceed $8,152,500 for fiscal year 1989 and $8,000,000 for each
of fiscal years 1990 to 1995, and limited the obligation of
funds in any one State to not more than $1,250,000.
1990—Subsec. (a)(1). Pub. L. 101–627, § 401(1), (2), redesignated par. (7) as (1) and struck out former par. (1)
which authorized appropriations of $11,000,000 for fiscal
year 1980.
Subsec. (a)(2). Pub. L. 101–627, § 401(1), (3), added par.
(2) and struck out former par. (2) which authorized appropriations of $13,000,000 for fiscal year 1981.

§ 757e

TITLE 16—CONSERVATION

Subsec. (a)(3) to (6). Pub. L. 101–627, § 401(1), struck
out pars. (3) to (6) which authorized appropriations of
$15,000,000 for fiscal year 1982, $7,500,000 for fiscal years
1983, 1984, 1985, and 1986, $7,702,500 for fiscal year 1987,
and $7,920,000 for fiscal year 1988, respectively.
Subsec. (a)(7). Pub. L. 101–627, § 401(2), redesignated
par. (7) as (1).
1986—Subsec. (a)(4) to (7). Pub. L. 99–659 inserted reference to fiscal year 1986 in par. (4) and added pars. (5)
to (7).
1983—Subsec. (a)(4). Pub. L. 97–453 added par. (4).
1979—Subsec. (a). Pub. L. 96–118, § 3(a), substituted
provisions authorizing appropriations of not to exceed
$11,000,000, $13,000,000, and $15,000,000 for fiscal years 1980
through 1982, respectively, for provisions authorizing
appropriations of not to exceed $25,000,000, $6,000,000,
$7,500,000, $8,500,000, $20,000,000, $20,000,000, $20,000,000,
$20,000,000, $20,000,000, and $20,000,000 for fiscal years
ending June 30, 1970, through June 30, 1979, respectively.
Subsec. (b). Pub. L. 96–118, § 3(b), substituted
‘‘$1,250,000’’ for ‘‘$1,000,000’’.
1974—Subsec. (a). Pub. L. 93–362 substituted
‘‘$20,000,000 for each of the fiscal years ending June 30,
1974, June 30, 1975, June 30, 1976, June 30, 1977, June 30,
1978, and June 30, 1979’’ for ‘‘$10,000,000 for the fiscal
year ending June 30, 1974’’.
1970—Subsec. (a). Pub. L. 91–249 authorized appropriation of not to exceed $6,000,000, $7,500,000, $8,500,000 and
$10,000,000 for fiscal years ending June 30, 1971, June 30,
1972, June 30, 1973, and June 30, 1974, respectively, to be
available until expended.

§ 757e. Application to Columbia River basin
Sections 757a to 757f of this title shall not be
construed to affect, modify, or apply to the
same area as the provisions of sections 755 to 757
of this title. The State of Idaho shall be eligible
on an equal standing with other States for Federal funding for purposes authorized by sections
757a to 757f of this title.
(Pub. L. 89–304, § 5, Oct. 30, 1965, 79 Stat. 1126;
Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 922.)
CODIFICATION
Although the intent of Congress to amend this section is clear from the directory language of Pub. L.
98–146 which states that the sentence relating to the
eligibility of the State of Idaho be added to ‘‘16 U.S.C.
757e’’, that directory language has been editorially interpreted as directing the addition of that sentence to
section 5 of Pub. L. 89–304, because Title 16 of the
United States Code [this title] has never been enacted
into positive law and its sections are therefore not susceptible of amendment as sections of ‘‘16 U.S.C.—’’ and
because section 5 of Pub. L. 89–304 is the statute which
was classified to, and serves as the source for 16 U.S.C.
757e [this section].
AMENDMENTS
1983—Pub. L. 98–146 inserted provision that the State
of Idaho shall be eligible on an equal standing with
other States for Federal funding for purposes authorized by sections 757a to 757f of this title.

§ 757f. Studies on pollution; recommendations to
Secretary of Health and Human Services
The Secretary of the Interior shall, on the
basis of studies carried out pursuant to sections
757a to 757f of this title and section 665 of this
title, make recommendations to the Secretary
of Health and Human Services concerning the
elimination or reduction of polluting substances
detrimental to fish and wildlife in interstate or
navigable waters or the tributaries thereof.

Page 1196

Such recommendations and any enforcement
measures initiated pursuant thereto by the Secretary of Health and Human Services shall be
designed to enhance the quality of such waters,
and shall take into consideration all other legitimate uses of such waters.
(Pub. L. 89–304, § 6, Oct. 30, 1965, 79 Stat. 1126;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88,
which is classified to section 3508(b) of Title 20, Education.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 755 of this title.

§ 757g. Repealed. Pub. L. 105–146, § 3(a), Dec. 16,
1997, 111 Stat. 2677
Section, Pub. L. 89–304, § 7, as added Pub. L. 96–118, § 4,
Nov. 16, 1979, 93 Stat. 859; amended Pub. L. 97–453,
§ 14(b)(3), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98–613,
§ 10(a), Oct. 31, 1984, 98 Stat. 3190; Pub. L. 99–432, § 6, Oct.
1, 1986, 100 Stat. 990; Pub. L. 100–589, § 3, Nov. 3, 1988, 102
Stat. 2984; Pub. L. 102–130, § 3, Oct. 17, 1991, 105 Stat. 626,
related to striped bass population studies.

§ 758. Exploration, investigation, development,
and maintenance of fishing resources and industry of Pacific Ocean
It is the policy of the United States to provide
for the exploration, investigation, development,
and maintenance of the fishing resources and development of the high seas fishing industry of
the United States and its island possessions in
the tropical and subtropical Pacific Ocean and
intervening seas, for the benefit of the residents
of the Pacific island possessions and of the people of the United States.
(Aug. 4, 1947, ch. 451, § 1, 61 Stat. 726; Pub. L.
86–624, § 11(a), (b), July 12, 1960, 74 Stat. 412.)
AMENDMENTS
1960—Pub. L. 86–624 substituted ‘‘the United States
and its island possessions’’ for ‘‘the Territories and island possessions of the United States’’, and struck out
‘‘Territory of Hawaii and’’ before ‘‘Pacific island possessions’’.

§ 758a. Conduct of explorations and related work
in Pacific Ocean
The Secretary of Commerce is authorized and
directed to conduct such fishing explorations
and
such
necessary
related
work
as
oceanographical, biological, technological, statistical, and economic studies to insure maximum development and utilization of the high
seas fishery resources of the United States and
its island possessions in the tropical and subtropical Pacific Ocean and intervening areas as
may be consistent with developing and sustaining such fishery resources at maximum levels of
production in perpetuity and to provide for the
best possible utilization thereof.
(Aug. 4, 1947, ch. 451, § 2, 61 Stat. 726; Pub. L.
86–624, § 11(a), July 12, 1960, 74 Stat. 412; 1970

Page 1197

§ 758d

TITLE 16—CONSERVATION

Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090.)
AMENDMENTS
1960—Pub. L. 86–624 substituted ‘‘the United States
and its island possessions’’ for ‘‘the Territories and island possessions of the United States’’.
TRANSFER OF FUNCTIONS
‘‘Secretary of Commerce’’ substituted for ‘‘Secretary
of the Interior, through the United States Fish and
Wildlife Service of the Department 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 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, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees.
United States Fish and Wildlife Service, consisting of
Bureau of Commercial Fisheries and Bureau of Sport
Fisheries and Wildlife, succeeded and replaced Fish and
Wildlife Service of Department of the Interior under
provisions of Fish and Wildlife Act of 1956, as originally
provided in section 742b(a) and (d) of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
DOGFISH SHARKS: RESEARCH TO CONTROL AND
ERADICATE OR TO DISCOVER COMMERCIAL USES
Pub. L. 85–887, Sept. 2, 1958, 72 Stat. 1710, directed
Secretary of the Interior to prosecute, for a period of
not to exceed four years from Sept. 2, 1958, investigations of the abundance and distribution of dogfish
sharks, experiments to develop control measures, and a
vigorous program for the elimination and eradication
or development of economic uses of dogfish shark populations.

§ 758b. Cooperation with agencies, organizations,
and others
In carrying out the purposes and objectives of
sections 758 and 758a of this title, the Secretary
of Commerce may cooperate with appropriate
agencies of the State and island governments,
and with such educational, industrial, or other
organizations, enterprises, and individuals as
may be expedient.
(Aug. 4, 1947, ch. 451, § 3, 61 Stat. 726; Pub. L.
86–624, § 11(c), July 12, 1960, 74 Stat. 412; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090.)
AMENDMENTS
1960—Pub. L. 86–624 substituted ‘‘State’’ for ‘‘Territorial’’.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 758a of this title.

§ 758c. Authorization of appropriations for research laboratory, experiment stations, dock
and storehouse facilities, vessels, etc., for activities in the Pacific Ocean; transfer of surplus vessels
There is hereby authorized to be appropriated,
out of any money in the Treasury not otherwise
appropriated, such amounts as may be necessary
for the construction, including architectural
services, and for furnishings and equipment of a
fishery research laboratory and experiment stations in the State of Hawaii and necessary substations at suitable locations, together with
suitable dock and storehouse facilities to be
used in conjunction with the operation of research and experimental fishing vessels and for
the procurement and for the modification, refitting, and equipment of two experimental highsea fishing vessels, together with all necessary
gear and appurtenances, and of one multiple
purpose high-seas fishing and oceanographical
research vessel, together with all necessary gear
and appurtenances, including necessary naval
architectural and engineering services: Provided,
however, That no part of said appropriation shall
be expended for the acquisition of lands for sites
for said laboratory, experiment station, or substations in the State of Hawaii: Provided further,
That there are authorized to be transferred to
the Secretary of Commerce not to exceed three
surplus vessels suitable for conversion and use
in oceanographic and biological research and exploratory fishing, by any disposal agency of the
Government without reimbursement or transfer
of funds.
(Aug. 4, 1947, ch. 451, § 4, 61 Stat. 726; Pub. L.
86–624, § 11(d), July 12, 1960, 74 Stat. 412; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090.)
AMENDMENTS
1960—Pub. L. 86–624 substituted ‘‘State of Hawaii’’ for
‘‘Hawaiian Islands’’ and for ‘‘Territory of Hawaii’’.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 758a of this title.

§ 758d. Pacific Ocean activities; future appropriations
There is hereby authorized to be appropriated
from time to time in fiscal years after 1947—1948
such sums as may be necessary to enable the
Secretary of Commerce to carry out the purposes of sections 758 to 758d of this title, including personal services, traveling expenses, transportation of things, purchase, maintenance, and
operation of motor vehicles, miscellaneous
equipment, and supplies, communications, other
contractual services, necessary printing locally,
and maintenance, repair, improvement, equipment, and operation of vessels and buildings or
other structures.
(Aug. 4, 1947, ch. 451, § 6, 61 Stat. 726; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090.)
CODIFICATION
Words ‘‘personal services, traveling expenses, transportation of things, purchase, maintenance, and oper-

§ 758e

TITLE 16—CONSERVATION

ation of motor vehicles, miscellaneous equipment, and
supplies, communications, other contractual services,
necessary printing locally, and maintenance, repair,
improvement, equipment, and operation of vessels and
buildings or other structures’’, appearing in text, were
inserted in place of words ‘‘all the classes of expenditures enumerated in the foregoing section’’. The ‘‘foregoing section’’ referred to section 5 of Act Aug. 4, 1947,
which is set out as a note under this section.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 758a of this title.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
APPROPRIATIONS FOR FISCAL YEAR 1947–1948
Section 5 of act Aug. 4, 1947, authorized appropriation
of additional sums for expenses during the fiscal year
1947–1948 to carry out the purposes of sections 758 to
758d of this title.

§ 758e. Central, Western, and South Pacific
Ocean fisheries development program
The Secretary of Commerce (hereafter referred to in sections 758e to 758e–5 of this title as
the ‘‘Secretary’’) is authorized to carry out, directly or by contract, with the Pacific Fisheries
Development Foundation or other agency or organization, a program for the development of
the tuna and other latent fisheries resources of
the Central, Western, and South Pacific Ocean.
The program shall include, but not be limited
to, exploration for, and stock assessment of,
tuna and other fish; improvement of harvesting
techniques; gear development; biological resource monitoring; and an economic evaluation
of the potential for tuna and other fisheries in
such area.
(Pub. L. 92–444, § 2, Sept. 29, 1972, 86 Stat. 745;
Pub. L. 94–343, § 1(1), July 6, 1976, 90 Stat. 809;
Pub. L. 95–295, § 1(1), June 16, 1978, 92 Stat. 319;
Pub. L. 98–498, title IV, § 410, Oct. 19, 1984, 98
Stat. 2309.)
AMENDMENTS
1984—Pub. L. 98–498 substituted ‘‘Pacific Fisheries Development Foundation’’ for ‘‘Pacific Tuna Development
Foundation’’.
1978—Pub. L. 95–295 inserted provision authorizing
contracts for programs with the Pacific Tuna Development Foundation or other agency or organization.
1976—Pub. L. 94–343 struck ‘‘three year’’ before ‘‘program for’’.
SHORT TITLE
Pub. L. 92–444, § 1, Sept. 29, 1972, 86 Stat. 744, provided:
‘‘That this Act [enacting this section and sections
758e–1 to 758e–5 of this title] may be cited as the ‘Central, Western, and South Pacific Fisheries Development
Act’.’’

§ 758e–1. Consultation and cooperation between
certain Federal officers, affected States, etc.,
in carrying out program
In carrying out the purposes of sections 758e to
758e–5 of this title, the Secretary shall consult,
and may otherwise cooperate, with the Sec-

Page 1198

retary of the Interior, the Secretary of State,
the State of Hawaii and other affected States,
the governments of American Samoa and Guam,
the Office of the High Commissioner of the
Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands,
educational institutions, the commercial fishing
industry, and all appropriate member nations of
a South Pacific regional fishery agency (hereinafter referred to in sections 758e to 758e–5 of this
title as the ‘‘agency’’), if such an agency is
formed.
(Pub. L. 92–444, § 3, Sept. 29, 1972, 86 Stat. 745;
Pub. L. 95–295, § 1(2), June 16, 1978, 92 Stat. 319.)
AMENDMENTS
1978—Pub. L. 95–295 inserted provisions requiring consultation and cooperation with the Secretary of State,
Commonwealth of the Northern Mariana Islands, and
all appropriate member nations of a South Pacific regional fishery agency, if such an agency is formed.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 758e–1a. Cooperative program for development
of tuna and other latent fishery resources in
area; establishment; availability of project information
In addition to the authority granted in section
758e of this title, the Secretary, in consultation
with representatives of all interested member
nations of the agency, and those parties set
forth in section 758e–1 of this title, may establish in accordance with section 758e of this title,
a cooperative program for the development of
tuna and other latent fisheries resources of the
Central, Western, and South Pacific Ocean to be
submitted to the President and the Congress
within one year following official formation of
the agency. The Secretary shall make available
to all interested member nations of the agency
the results and findings of research or development projects carried out under sections 758e to
758e–5 of this title.
(Pub. L. 92–444, § 4, as added Pub. L. 95–295, § 1(3),
June 16, 1978, 92 Stat. 319.)
§ 758e–2. Repealed. Pub. L. 99–386, title I, § 102,
Aug. 22, 1986, 100 Stat. 821
Section, Pub. L. 92–444, § 5, formerly § 4, Sept. 29, 1972,
86 Stat. 745; Pub. L. 94–273, § 2(10), Apr. 21, 1976, 90 Stat.
375; Pub. L. 94–343, § 1(2), July 6, 1976, 90 Stat. 809; renumbered Pub. L. 95–295, § 1(4), June 16, 1978, 92 Stat.
319, related to submission to President and Congress of
annual report by Secretary on Central, Western, and
South Pacific Ocean fisheries development program.

§ 758e–3. Regulations; contract terms and conditions
The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of
sections 758e to 758e–5 of this title. Any contract
entered into pursuant to section 758e of this
title shall be subject to such terms and conditions as the Secretary deems necessary and appropriate to protect the interests of the United
States.

Page 1199

§ 760–3

TITLE 16—CONSERVATION

(Pub. L. 92–444, § 6, formerly § 5, Sept. 29, 1972, 86
Stat. 745; renumbered § 6, Pub. L. 95–295, § 1(4),
June 16, 1978, 92 Stat. 319.)
§ 758e–4. ‘‘Central, Western, and South Pacific
Ocean area’’ defined
As used in sections 758e to 758e–5 of this title,
the term ‘‘Central, Western, and South Pacific
Ocean’’ means that area of the Pacific Ocean between latitudes 30 degrees north to 30 degrees
south and from longitudes 120 degrees east to 130
degrees west.
(Pub. L. 92–444, § 7, formerly § 6, Sept. 29, 1972, 86
Stat. 745; renumbered § 7, Pub. L. 95–295, § 1(4),
June 16, 1978, 92 Stat. 319.)
§ 758e–5. Authorization of appropriations
There is authorized to be appropriated for the
period beginning July 1, 1973, and ending June
30, 1976, the sum of $3,000,000, and for the period
beginning July 1, 1976, and ending September 30,
1979, the sum of $4,000,000, and for each of the fiscal years 1980, 1981, 1982, 1983, 1984, 1985, 1986,
1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, and 1995,
the sum of $5,000,000, to carry out the purposes
of sections 758e to 758e–5 of this title. Sums appropriated pursuant to this section shall remain
available until expended.
(Pub. L. 92–444, § 8, formerly § 7, Sept. 29, 1972, 86
Stat. 745; Pub. L. 94–343, § 1(3), July 6, 1976, 90
Stat. 809; renumbered § 8 and amended Pub. L.
95–295, §§ 1(4), 2, June 16, 1978, 92 Stat. 319, 320;
Pub. L. 97–453, § 15(d), Jan. 12, 1983, 96 Stat. 2493;
Pub. L. 99–659, title IV, § 403, Nov. 14, 1986, 100
Stat. 3737; Pub. L. 101–627, title VI, § 601, Nov. 28,
1990, 104 Stat. 4463.)
AMENDMENTS
1990—Pub. L. 101–627, which directed the substitution
of ‘‘1988, 1989, 1990, 1991, 1992, 1993, 1994, and 1995’’ for
‘‘and 1988’’ in section 7 of the Central, Western, and
South Pacific Fisheries Development Act, meaning section 7 of Pub. L. 92–444, was executed by making the
substitution in section 8 of Pub. L. 92–444, this section,
to reflect the probable intent of Congress and the renumbering of section 7 as 8 by Pub. L. 95–295, § 1(4).
1986—Pub. L. 99–659 inserted provision authorizing appropriations for each of fiscal years 1986, 1987, and 1988.
1983—Pub. L. 97–453 substituted ‘‘1982, 1983, 1984, and
1985’’ for ‘‘and 1982’’.
1978—Pub. L. 95–295 inserted provision authorizing appropriations of $5,000,000 for each of fiscal years 1980 to
1982, and substituted ‘‘$4,000,000’’ for ‘‘$3,000,000’’.
1976—Pub. L. 94–343 inserted provision authorizing appropriations for period beginning July 1, 1976, and ending Sept. 30, 1979, the sum of $3,000,000.

§ 759. Omitted
CODIFICATION
Section, act Aug. 18, 1949, ch. 478, § 2, 63 Stat. 616, authorized Secretary of the Interior through the Fish and
Wildlife Service to undertake an Atlantic Coast shad
study, prescribed a $75,000 per annum cost limitation
for a six year period, and authorized transfer to such
Service from Federal agencies or corporations surplus
boats or equipment for conduct of the studies.
Section 4 of act Aug. 18, 1949 authorized appropriations for carrying out the purposes of act Aug. 18, 1949.

§ 760. Establishment of rearing ponds and fish
hatchery in Kentucky
The Secretary of the Interior is authorized to
construct, equip, maintain, and operate rearing

ponds and a fish hatchery at a suitable location
in Kentucky.
(July 18, 1950, ch. 465, § 1, 64 Stat. 343.)
§ 760–1. Kentucky fish hatchery; authorization of
appropriations
There is hereby authorized to be appropriated
from time to time, out of any moneys in the
Treasury not otherwise appropriated, such sums
as may be necessary to carry out the purposes of
section 760 of this title.
(July 18, 1950, ch. 465, § 2, 64 Stat. 343.)
APPROPRIATION FOR ACQUISITION OF LANDS AND
CONSTRUCTION
In addition to enacting this section, section 2 of act
July 18, 1950, authorized a maximum appropriation of
$275,000 for the acquisition of lands and water rights or
interests therein and the construction and equipment
of the station provided for by section 760.

§ 760–2. Establishment of fish hatchery in Montana
The Secretary of the Interior is authorized to
establish, construct, equip, operate, and maintain a new fish hatchery in the vicinity of Miles
City, Montana.
(June 4, 1956, ch. 366, § 1, 70 Stat. 247.)
TRANSFER OF MILES CITY NATIONAL FISH HATCHERY
Pub. L. 99–432, § 7, Oct. 1, 1986, 100 Stat. 990, provided
that: ‘‘Notwithstanding any other law, the Secretary of
the Interior shall convey to the State of Montana,
without reimbursement to the United States and no
later than thirty days following enactment of this legislation [Oct. 1, 1986], all of the rights (including all
water rights), title, and interest of the United States in
and to the fish hatchery property located south of
Miles City, Montana, and known as the Miles City National Fish Hatchery, consisting of 168.22 acres, more or
less, of land, together with any improvements and related personal property thereon. The property conveyed
shall be used by the Montana Department of Fish,
Wildlife and Parks as part of the Montana fishery resources management program. If the property conveyed
is ever used for other than these purposes, title to such
property shall revert to the United States.’’
Similar provisions were contained in Pub. L. 99–500,
§ 101(h) [title I, § 112], Oct. 18, 1986, 100 Stat. 1783–242,
1783–262, and Pub. L. 99–591, § 101(h) [title I, § 112], Oct.
30, 1986, 100 Stat. 3341–242, 3341–262.
APPROPRIATIONS
Section 2 of act June 4, 1956, authorized an appropriation of $465,000 to carry out this section.

§ 760–3. Establishment of trout hatchery in Pisgah National Forest
The Secretary of the Interior, after consulting
with the Secretary of Agriculture, shall establish, construct, equip, operate, and maintain a
trout hatchery at an appropriate location on the
Davidson River in the Pisgah National Forest,
North Carolina.
(June 18, 1956, ch. 404, § 1, 70 Stat. 292.)
APPROPRIATIONS
Section 2 of act June 18, 1956, authorized the appropriation of $375,000 to carry out the purposes of this section.

§ 760–4

TITLE 16—CONSERVATION

Page 1200

§ 760–4. Establishment of trout hatchery at Pittsford, Vermont

§ 760–11. Acceptance and development of fish
hatchery in South Carolina

The Secretary of the Interior shall develop, reconstruct, equip, operate, and maintain the Federal fish hatchery, known as the Holden trout
hatchery, at Pittsford, Vermont, in accordance
with the program established by the Fish and
Wildlife Service, Department of the Interior, for
the improvement of such hatchery.

The Secretary of the Interior is authorized, in
his discretion and upon such terms and conditions as he shall consider to be in the public interest, to accept by donation on behalf of the
United States, title to the Orangeburg County,
South Carolina, fish hatchery, together with the
right to take adequate water from Orangeburg
County Lake therefor. The Secretary is authorized to rehabilitate and expand the rearing
ponds and other hatchery facilities, to purchase
lands adjoining such station in connection with
the rehabilitation and expansion of such facilities, and to equip, operate, and maintain said
fish hatchery.

(Aug. 1, 1956, ch. 845, § 1, 70 Stat. 897.)
CHANGE OF NAME
Pub. L. 111–8, div. E, title I, § 116, Mar. 11, 2009, 123
Stat. 724, provided that: ‘‘The Pittsford National Fish
Hatchery in Chittenden, Vermont is hereby renamed
the Dwight D. Eisenhower National Fish Hatchery.’’
APPROPRIATIONS
Section 2 of act Aug. 1, 1956, authorized the appropriation of $220,000 to carry out the provisions of this
section.

§ 760–5. Establishment of fish hatchery at Paint
Bank, Virginia
The Secretary of the Interior is authorized and
directed to construct, equip, maintain, and operate a new fish hatchery in the vicinity of Paint
Bank, Virginia.
(Aug. 3, 1956, ch. 943, § 1, 70 Stat. 1020.)
§ 760–6. Virginia fish hatchery; authorization of
appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out section 760–5 of this title.
(Aug. 3, 1956, ch. 943, § 2, 70 Stat. 1020.)
§ 760–7. Establishment of fish hatchery in West
Virginia
The Secretary of the Interior is authorized to
establish, construct, equip, operate, and maintain a new fish hatchery in the State of West
Virginia.
(Aug. 6, 1956, ch. 978, § 1, 70 Stat. 1057.)
§ 760–8. West Virginia fish hatchery; authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the purposes of section 760–7 of this title.
(Aug. 6, 1956, ch. 978, § 2, 70 Stat. 1057.)
§ 760–9. Establishment of fish hatchery in Pennsylvania
The Secretary of the Interior is authorized to
establish, construct, equip, operate, and maintain a new fish hatchery in the northwestern
part of the State of Pennsylvania.
(Pub. L. 86–205, § 1, Aug. 25, 1959, 73 Stat. 430.)
§ 760–10. Pennsylvania fish hatchery; authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the purposes of section 760–9 of this title.
(Pub. L. 86–205, § 2, Aug. 25, 1959, 73 Stat. 430.)

(Pub. L. 86–572, § 1, July 5, 1960, 74 Stat. 311.)
§ 760–12. South Carolina fish hatchery; authorization of appropriations
There are hereby authorized to be appropriated such funds as may be necessary to carry
out the purposes of section 760–11 of this title.
(Pub. L. 86–572, § 2, July 5, 1960, 74 Stat. 311.)
§ 760a. Atlantic Coast fish study for development
and protection of fish resources
The Secretary of Commerce is directed to undertake a comprehensive continuing study of
species of fish of the Atlantic coast, including
bays, sounds, and tributaries, for the purpose of
recommending to the States of such coast appropriate measures for the development and protection of such resources and their wisest utilization, whether for sports or commercial fishing
or both, including the limitations on season,
take per unit of time, per man, or per gear, or
such other recommendations as will most effectively provide for the public the maximum production and utilization of such fish consistent
with the maintenance of an adequate brood reserve.
(Aug. 25, 1950, ch. 782, § 1, 64 Stat. 474; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 760b. Equipment for studies; cooperation of
Federal departments and agencies
The Secretary is directed to make application
through appropriate channels to other Federal
departments or agencies for such boats and
other equipment in custody of such departments
or agencies as may be suitable for studies authorized hereunder, and such Federal departments and agencies are authorized to transfer
such boats and other equipment to the Department of Commerce without reimbursement of
funds.
(Aug. 25, 1950, ch. 782, § 2, 64 Stat. 474; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090.)
TRANSFER OF FUNCTIONS
‘‘Department of Commerce’’ substituted in text for
‘‘Department of the Interior’’ in view of transfer of

Page 1201

§§ 760h to 760l

TITLE 16—CONSERVATION

functions to Secretary of Commerce from Secretary of
the Interior by Reorg. Plan No. 4 of 1970, see note set
out under section 755 of this title.

§ 760c. Studies; authorization of appropriations
There is authorized to be appropriated from
time to time, out of any moneys in the Treasury
not otherwise appropriated, such sums, not in
excess of $250,000 per annum, as may be necessary to carry out the purposes and objectives
of sections 760a to 760c of this title.
(Aug. 25, 1950, ch. 782, § 3, 64 Stat. 474.)
§ 760d. Grants for education and training of personnel in the field of commercial fishing

migrations, identity of stocks, growth rates,
mortality rates, variations in survival, environmental influences, both natural and artificial,
including pollution, and effects of fishing on the
species, for the purpose of developing wise conservation policies and constructive management
activities.
(Pub. L. 86–359, § 1, Sept. 22, 1959, 73 Stat. 642;
1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

(a) Public and private nonprofit universities and
colleges
The Secretary of Commerce is authorized to
make grants, out of funds appropriated for the
purposes of this section, to public and nonprofit
private universities and colleges in the several
States and Territories of the United States for
such purposes as may be necessary to promote
the education and training of professionally
trained personnel (including scientists, technicians, and teachers) needed in the field of commercial fishing. Any amount appropriated for
the purposes of this section shall be apportioned
on an equitable basis, as determined by the Secretary of Commerce, among the several States
and Territories for the purpose of making grants
within each such State and Territory. In making
such apportionment the Secretary of Commerce
shall take into account the extent of the fishing
industry within each State and Territory as
compared with the total fishing industry of the
United States (including Territories), and such
other factors as may be relevant in view of the
purposes of this section.
(b) Authorization of appropriations
There are authorized to be appropriated not in
excess of $550,000 for the fiscal year beginning on
July 1, 1955, and for each fiscal year thereafter
for the purposes of this section.
(c) Regulations
The Secretary of Commerce may establish
such regulations as may be necessary to carry
out the provisions of this section.

§ 760f. Migratory game fish study; authorization
to acquire facilities, employ officers and employees, cooperate with State and other
agencies, and to publish results

(Aug. 8, 1956, ch. 1039, § 1, 70 Stat. 1126; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090.)

§§ 760h to 760l. Omitted

TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 760e. Study of migratory game fish; waters; research; purpose
The Secretary of Commerce is directed to undertake a comprehensive continuing study of
the migratory marine fish of interest to recreational fishermen of the United States, including species inhabiting the offshore waters of the
United States and species which migrate
through or spend a part of their lives in the inshore waters of the United States. The study
shall include, but not be limited to, research on

For the purpose of carrying out the provisions
of sections 760e to 760g of this title, the Secretary of Commerce is authorized (1) to acquire
lands, construct laboratory or other buildings,
purchase boats, acquire such other equipment
and apparatus, and to employ such officers and
employees as he deems necessary; (2) to cooperate or contract with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3)
to make public the results of such research conducted pursuant to section 760e of this title.
(Pub. L. 86–359, § 2, Sept. 22, 1959, 73 Stat. 642;
1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 760g. Authorization of appropriations for migratory game fish study
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the provisions of sections 760e to 760g of this
title: Provided, That no more than $2,700,000 be
appropriated for this purpose in any one fiscal
year.
(Pub. L. 86–359, § 3, Sept. 22, 1959, 73 Stat. 643.)

CODIFICATION
Section 760h, Pub. L. 87–173, § 1, Aug. 30, 1961, 75 Stat.
409, provided for establishment of shellfisheries research center at Milford, Connecticut and included a
statement of purpose.
Section 760i, Pub. L. 87–173, § 2, Aug. 30, 1961, 75 Stat.
409, authorized appropriation of $1,325,000 to carry out
section 760h of this title.
Section 760j, Pub. L. 87–580, § 1, Aug. 9, 1962, 76 Stat.
356, related to propagation of disease resistant oysters,
acquisition of brood stock, transfer and distribution,
and for State sharing of costs.
Section 760k, Pub. L. 87–580, § 2, Aug. 9, 1962, 76 Stat.
356, authorized grants to States for research and other
necessary activities in development and propagation of
disease-resistant strains of oysters and conditions of
such grants.
Section 760l, Pub. L. 87–580, § 3, Aug. 9, 1962, 76 Stat.
357, authorized appropriation of $100,000 to carry out
sections 760j to 760l of this title.

§ 760aa

TITLE 16—CONSERVATION

CHAPTER 9B—NATIONAL FISH HATCHERY
SYSTEM ENHANCEMENT
Sec.

760aa.
760aa–1.
760aa–2.
760aa–3.
760aa–4.

Findings and purposes.
Gifts to system and particular national fish
hatcheries.
Volunteer enhancement pilot projects.
Community partnership enhancement.
Hatchery education program development.

§ 760aa. Findings and purposes
(a) Findings
Congress finds the following:
(1) The National Fish Hatchery System (in
this chapter referred to as the ‘‘System’’)—
(A) consists of more than 60 hatcheries,
seven fish technology centers, 9 fish health
centers, and other fisheries program offices;
(B) plays an integral role in the recovery
of more than 50 threatened species and endangered species and the restoration of over
100 native species;
(C) provides healthy fish populations that
support recreational fishing opportunities,
many of which are related to Federal water
control structures; and
(D) works with over 250 partners to help
mitigate the impacts of aquatic habitat loss
and invasive species.
(2) The System faces many challenges, including aging facilities, some of which date
back to the late 1800s, and maintenance of intensive infrastructures such as wells, pumps,
valves, pipes, filters, heaters, chillers, and
treatment systems that must keep clean water
moving 24 hours a day, 365 days a year.
(3) By encouraging volunteer programs and
donations and fostering non-Federal partnerships with hatchery facilities, Federal funding
for the hatcheries can be supplemented.
(4) By encouraging hatchery educational
programs, public awareness of the resources of
the System and public participation in the
conservation of aquatic resources can be promoted.
(b) Purposes
The purposes of this chapter are the following:
(1) To encourage the use of volunteers to assist the United States Fish and Wildlife Service in the management of hatcheries 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.
(3) To encourage donations and other contributions by individuals and organizations to
the System.
(Pub. L. 109–360, § 2, Oct. 16, 2006, 120 Stat. 2058.)
SHORT TITLE
Pub. L. 109–360, § 1, Oct. 16, 2006, 120 Stat. 2058, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘National Fish Hatchery System Volunteer
Act of 2006’.’’

Page 1202

§ 760aa–1. Gifts to system and particular national
fish hatcheries
(a) Authorization of gifts, devises, and bequests
for system
In furtherance of the purposes of this chapter,
the Secretary of the Interior may accept any
gifts, devises, or bequests of real and personal
property, or proceeds therefrom, or interests
therein, for the benefit of the National Fish
Hatchery System. 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.
(b) Use of gifts, devises, and bequests
(1) In general
Any gifts and bequests of money and proceeds from the sales of other property received
as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and may be expended
without further appropriation by the Secretary for the benefit of the System programs
administered by the United States Fish and
Wildlife Service.
(2) Gifts, devises, and bequests for particular
facilities
(A) Disbursal
Any gift, devise, or bequest made for the
benefit of a facility of the System shall be
disbursed only for the benefit of that facility
and without further appropriations.
(B) Matching
Subject to the availability of appropriations and the requirements of the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et
seq.) and other applicable law, the Secretary
may provide funds to match gifts, devises,
and bequests made for the benefit of a facility of the System. With respect to each gift,
devise, or bequest, the amount of Federal
funds may not exceed the amount (or, in the
case of property or in-kind services, the fair
market value) of the gift, devise, or bequest.
(Pub. L. 109–360, § 3, Oct. 16, 2006, 120 Stat. 2059.)
REFERENCES IN TEXT
The Fish and Wildlife Coordination Act, referred to
in subsec. (b)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat.
401, as amended, which is classified generally to sections 661 to 666c of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 661 of this title and Tables.

§ 760aa–2. Volunteer enhancement pilot projects
(a) In general
Subject to the availability of appropriations,
the Secretary of the Interior shall carry out a
pilot project at 1 or more facilities of the System. Each pilot project shall provide for a volunteer coordinator for the hatchery facility.
The volunteer coordinator shall be responsible
for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in developing projects and programs under coopera-