Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742J)

§ 728

TITLE 16—CONSERVATION

section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘United States magistrate’’ substituted in subsec. (a) for ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631
et seq.) of Title 28.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior
under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of
Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions note set out under section 725 of this title.
Transfer of functions of Secretary of Agriculture and
Secretary of Commerce to Secretary of the Interior by
Reorg. Plan No. II of 1939, see Transfer of Functions
note set out under section 723 of this title.

Page 1178

1925—Act Mar. 4, 1925, substituted proviso for restriction on availability of money for acquisition of areas.
TRANSFER OF FUNCTIONS
Transfer of functions of Secretary of Agriculture to
Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 723
of this title.

§ 730. Violations of law or regulations; punishment
Any person who shall violate or fail to comply
with any provision of or any regulation made
pursuant to this chapter shall be deemed guilty
of a misdemeanor, and upon conviction thereof
shall be fined not more than $500 or be imprisoned not more than six months, or both.
(June 7, 1924, ch. 346, § 11, 43 Stat. 652.)

§ 728. Expenditures

§ 731. Effect on other laws

The Secretary of the Interior is authorized to
make such expenditures for construction, equipment, maintenance, repairs, and improvements,
including expenditures for personal services at
the seat of government and elsewhere, as may be
necessary to execute the functions imposed upon
him by this chapter and as may be provided for
by Congress from time to time.

Nothing in this chapter shall be construed as
exempting any portion of the Mississippi River
from the provisions of Federal laws for the improvement, preservation, and protection of navigable waters, nor as authorizing any interference with the operations of the Department
of the Army in carrying out any project now or
hereafter adopted for the improvement of said
river.

(June 7, 1924, ch. 346, § 9, 43 Stat. 652; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433.)

(June 7, 1924, ch. 346, § 13, 43 Stat. 652; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

CODIFICATION

CHANGE OF NAME

As originally enacted, this section contained an additional paragraph which appropriated a sum half of
which was to be available, until expended, for the expenditures mentioned herein.

Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

TRANSFER OF FUNCTIONS
Transfer of functions of Secretary of Agriculture and
Secretary of Commerce to Secretary of the Interior, by
Reorg. Plan No. II of 1939, see Transfer of Functions
note set out under section 723 of this title.

§ 729. Price per acre
The Secretary of the Interior shall not pay for
any land or land and water a price which shall
exceed an average cost of $10 per acre: Provided,
That this provision shall not apply to any land
or land and water prior to May 12, 1928, acquired
or contracted for under the provisions of this
chapter.
(June 7, 1924, ch. 346, § 10, 43 Stat. 652; Mar. 4,
1925, ch. 558, 43 Stat. 1354; May 12, 1928, ch. 534,
45 Stat. 502; 1939 Reorg. Plan No. II, § 4 (f), eff.
July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
CODIFICATION
Provisions of this section, which authorized an appropriation of $1,500,000 for the acquisition of authorized
areas and for all necessary expenses thereto, were omitted. The text set out above constituted the first and
second provisos to the omitted provisions.
AMENDMENTS
1928—Act May 12, 1928, substituted ‘‘which shall exceed an average cost of $10 per acre’’ for ‘‘which when
added to the price of land or land and water theretofore
purchased, shall exceed an average cost of $5 per acre’’,
and inserted proviso making the provision of this section inapplicable to any land or land and water prior to
May 12, 1928.

CHAPTER 9—FISH AND WILDLIFE SERVICE
Sec.

741, 742.
742a.
742b.
742b–1.
742c.

742c–1.
742d.
742d–1.
742e.
742f.
742f–1.
742g.
742h.
742i.
742j.
742j–1.
742j–2.
742k.

Repealed or Omitted.
Declaration of policy.
United States Fish and Wildlife Service.
Assistant Director for Wildlife and Sport Fish
Restoration Programs.
Loans for financing or refinancing of cost of
purchasing, constructing, equipping, maintaining, repairing, or operating commercial
fishing vessels or gear.
Investment in obligations of the United
States; proceeds to be used for fisheries.
Investigations; preparation and dissemination of information; reports.
Studies of effects in use of chemicals.
Transfer of functions to Secretary.
Powers of Secretaries of the Interior and
Commerce.
National Volunteer Coordination Program.
Cooperation with State Department.
Reports on fishery products.
Effect on rights of States and international
commissions.
Authorization of appropriations.
Airborne hunting.
Uniform allowance.
Management and disposition of vessels and
other property acquired and arising out of
fishery loans or related type of activities.

Page 1179

TITLE 16—CONSERVATION

Sec.

742l.
742l–1.
742m.
743.
743a.
744.
745.
746.
746a.
747.
748.
749.
750.
751.
752.
753.
753a.
753b.
754.
754a.
754b.
754c.

754d.
754e.

Enforcement authority for the protection of
fish and wildlife resources.
Authority to use available law enforcement
funds.
Relinquishment of exclusive legislative jurisdiction.
Repealed.
Detail of personnel and loan of equipment to
Director of Bureau of Sport Fisheries and
Wildlife.
Investigations; fish propagation; investigations of damages by predacious fishes; executive assistance.
Powers of Secretary.
Vessels of Fish and Wildlife Service.
Operation and maintenance fees for the M/V
Tiglax and other vessels.
Omitted.
Expenditure of appropriations for propagation of food fishes.
Omitted.
Station on Mississippi River for rescue of
fishes and propagation of mussels.
Personnel.
Omitted.
Cooperative work.
Cooperative research and training programs
for fish and wildlife resources.
Authorization of appropriations.
Commutation of rations for officers and crews
of vessels of Service.
Appropriations for United States Fish and
Wildlife Service; purchases from.
Funds from private entities credited to Resource Management account.
Work under reimbursable agreements; recording obligations and crediting amounts received.
Fee schedule for forensic laboratory services.
Funds for contaminant sample analyses.

§ 741. Repealed. Pub. L. 88–488, title
§ 402(a)(3), Aug. 19, 1964, 78 Stat. 492

IV,

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

§ 742. Omitted
CODIFICATION
Section, acts Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1436;
Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, provided for an acting Commissioner of Fisheries.
TRANSFER OF FUNCTIONS
Reorg. Plan No. II of 1939, § 4(e), (f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce and its functions, and Bureau of Biological Survey in Department of Agriculture and its functions, to Department of the Interior, to be administered under direction and supervision of Secretary of
the Interior.
Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5,
Government Organization and Employees, consolidated
Bureau of Fisheries and Bureau of Biological Survey
into one agency in Department of the Interior to be
known as the Fish and Wildlife Service. It was further
provided that functions of consolidated agency should
be administered under direction and supervision of Secretary of the Interior by a director and assistants, and
that offices of Commissioner and Deputy Commissioner
of Fisheries and offices of Chief and Associate Chief of
Bureau of Biological Survey should be abolished and
their functions transferred to consolidated agency.
The Fish and Wildlife Service, created by Reorg. Plan
No. III of 1940 was succeeded by United States Fish and

§ 742a

Wildlife Service established by act Aug. 8, 1956, ch. 1036,
§ 3, 70 Stat. 1119. See section 742b of this title.
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

§ 742b

TITLE 16—CONSERVATION

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, 70 Stat. 1119.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For
complete classification of this Act to the Code, see
Short Title note below and Tables.
SHORT TITLE OF 2011 AMENDMENT
Pub. L. 111–357, § 1, Jan. 4, 2011, 124 Stat. 3979, provided
that: ‘‘This Act [amending sections 742f and 742f–1 of
this title] may be cited as the ‘National Wildlife Refuge
Volunteer Improvement Act of 2010’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–327, § 1, Oct. 16, 2004, 118 Stat. 1271, provided that: ‘‘This Act [amending sections 742f and 742f–1
of this title] may be cited as the ‘National Wildlife Refuge Volunteer Act of 2004’.’’
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105–328, § 1, Oct. 30, 1998, 112 Stat. 3057, provided that: ‘‘This Act [amending section 742l of this
title and enacting provisions set out as a note under
section 742l of this title] may be cited as the ‘Fish and
Wildlife Revenue Enhancement Act of 1998’.’’
Pub. L. 105–242, § 1, Oct. 5, 1998, 112 Stat. 1574, provided
that: ‘‘This Act [amending section 742f of this title and
enacting provisions set out as notes under section 742f
of this title] may be cited as the ‘National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–616, § 1, Nov. 8, 1978, 92 Stat. 3110, provided:
‘‘That this Act [enacting sections 695j–1, 712, 742l of this
title and amending sections 460k–3, 666g, 668a, 668dd,
690e, 695i, 706, 715d, 715i, 715j, 718b, 718c, 718f, 742f, 753a
of this title and sections 1114, 3112 of Title 18, Crimes
and Criminal Procedure] may be cited as the ‘Fish and
Wildlife Improvement Act of 1978’.’’
SHORT TITLE
Act Aug. 8, 1956, ch. 1036, § 1, 70 Stat. 1119, provided:
‘‘This Act [enacting this section and sections 742b to

Page 1180

742d and 742e to 742j of this title and amending section
713c–3 of Title 15, Commerce and Trade] may be cited as
the ‘Fish and Wildlife Act of 1956’.’’

§ 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, 70 Stat. 1120; Pub. L.
87–367, title I, § 103(14), Oct. 4, 1961, 75 Stat. 788;
Pub. L. 87–793, § 607(a)(5), Oct. 11, 1962, 76 Stat.
849; Pub. L. 93–271, § 1, Apr. 22, 1974, 88 Stat. 92.)
REFERENCES IN TEXT
This Act, referred to in subsec. (d), is act Aug. 8, 1956,
ch. 1036, 70 Stat. 1119, as amended, known as the Fish
and Wildlife Act of 1956, which is classified generally to
sections 742a to 742d and 742e to 742j–2 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 742a of this title
and Tables.

Page 1181

§ 742c

TITLE 16—CONSERVATION
AMENDMENTS

1974—Subsec. (a). Pub. L. 93–271, § 1(1), (2), struck out
provisions relating to the establishment of the position
of and the appointment of the Commissioner of Fish
and Wildlife. Provisions for the establishment of the
United States Fish and Wildlife Service within the Department of the Interior, consisting of the Bureau of
Commercial Fisheries and the Bureau of Sport Fisheries and Wildlife, the appointment of a Director for
each of the Bureaus, and the succession of the United
States Fish and Wildlife Service to the Fish and Wildlife Service of the Department, were also struck out.
Subsec. (b). Pub. L. 93–271, § 1(3), substituted provisions for the establishment of the United States Fish
and Wildlife Service within the Department of the Interior, for its administration by a Director subject to the
supervision of the Assistant Secretary for Fish and
Wildlife, the qualifications for and the appointment of
the Director, for provisions relating to the administration of the United States Fish and Wildlife Service by
the Commissioner of Fish and Wildlife subject to the
supervision of the Assistant Secretary for Fish and
Wildlife.
Subsecs. (c), (d). Pub. L. 93–271, § 1(3), added subsec. (c)
and redesignated former subsec. (c) as (d). Former subsec. (d), relating to the distribution of functions, powers, and duties of former Fish and Wildlife Service, was
struck out.
Subsec. (e). Pub. L. 93–271, § 1(3), struck out subsec. (e)
which related to continuation of all laws, rules, and
regulations administered by the Fish and Wildlife Service.
Subsec. (f). Pub. L. 93–271, § 1(3), struck out subsec. (f)
which provided for administrative authority in the Secretary of the Interior to carry out the provisions of Act
Aug. 8, 1956, and for effective procedure for reorganization.
1962—Subsec. (a). Pub. L. 87–793 struck out provisions
which authorized the Commissioner to receive compensation at the same rate as that provided for grade
GS–18.
1961—Subsec. (a). Pub. L. 87–367 struck out ‘‘at Grades
GS–17 each’’ after ‘‘by the Secretary’’.
EFFECTIVE DATE OF 1974 AMENDMENT
Pub. L. 93–271, § 3, Apr. 22, 1974, 88 Stat. 92, provided
that: ‘‘The amendments made by this Act [amending
this section and section 5316 of Title 5, Government Organization and Employees] shall take effect on July 1,
1974.’’
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–793 effective on first day of
first pay period which begins on or after Oct. 11, 1962,
see section 610 of Pub. L. 87–793.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in the Interior Department and Office of
Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of
the Interior or the Interior Department which were administered through Bureau of Commercial Fisheries or
were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes
fishery research, Missouri River Reservoir research,
Gulf Breeze Biological Laboratory, and Trans-Alaska
pipeline investigations; and transfer of marine sport
fish program of Bureau of Sport Fisheries and Wildlife
by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees.
FEES FOR TRAINING BY NATIONAL CONSERVATION
TRAINING CENTER
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–185, as amended by Pub.

L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1547, provided
in part: ‘‘That hereafter, pursuant to 31 U.S.C. 9701, the
Secretary shall charge reasonable fees for the full costs
of providing training by the National Conservation
Training Center, to be credited to this account, notwithstanding 31 U.S.C. 3302, for the full costs of providing such training, to remain available until expended.’’

§ 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
(16 U.S.C. 669 et seq.) and the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et
seq.).
(Pub. L. 106–408, title I, § 132, Nov. 1, 2000, 114
Stat. 1775.)
REFERENCES IN TEXT
The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (c), is act Sept. 2, 1937, ch. 899, 50
Stat. 917, as amended, also known as the Federal Aid in
Wildlife Restoration Act, which is classified generally
to chapter 5B (§ 669 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 669 of this title and Tables.
The Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (c), is act Aug. 9, 1950, ch. 658, 64
Stat. 430, as amended, also known as the Federal Aid in
Fish Restoration Act and the Fish Restoration and
Management Projects Act, which is classified generally
to chapter 10B (§ 777 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 777 of this title and Tables.

§ 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 ob-

§ 742c

TITLE 16—CONSERVATION

ligations 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 section 50501 of title 46 for determining the United States citizenship of a corporation, partnership, or association operating a
vessel in the coastwise trade.
(9)(A) The nationality of an applicant shall
be established to the satisfaction of the Secretary. Within the meaning of this section, no
corporation, partnership, or association organized under the laws of American Samoa shall
be deemed a national of the United States unless 75 per centum of the interest therein is
owned by nationals of the United States, citizens of the United States, or both, and in the
case of a corporation, unless its president or
other chief executive officer and the chairman
of its board are nationals or citizens of the
United States and unless no more of its directors than a minority of the number necessary
to constitute a quorum are nonnationals and
noncitizens.
(B) Seventy-five per centum of the interest
in a corporation shall not be deemed to be
owned by nationals of the United States, citizens of the United States, or both, (i) if the

Page 1182

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, 70 Stat. 1121; Pub. L.
85–888, Sept. 2, 1958, 72 Stat. 1710; Pub. L. 88–309,
§ 9, May 20, 1964, 78 Stat. 199; Pub. L. 89–85, §§ 1–4,
July 24, 1965, 79 Stat. 262; Pub. L. 91–279, § 9, June
12, 1970, 84 Stat. 309; Pub. L. 91–387, §§ 1, 2, Aug.
24, 1970, 84 Stat. 829; Pub. L. 94–273, § 2(8), Apr. 21,
1976, 90 Stat. 375; Pub. L. 96–478, § 16(a), Oct. 21,
1980, 94 Stat. 2303; Pub. L. 97–347, § 1, Oct. 18, 1982,

Page 1183

§ 742c–1

TITLE 16—CONSERVATION

96 Stat. 1652; Pub. L. 98–44, title I, § 103(a)(1),
July 12, 1983, 97 Stat. 216; Pub. L. 98–498, title IV,
§ 430(1), Oct. 19, 1984, 98 Stat. 2310; Pub. L. 99–659,
title IV, § 409, Nov. 14, 1986, 100 Stat. 3740.)
CODIFICATION
In subsec. (b)(8), ‘‘section 50501 of title 46’’ substituted
for ‘‘section 2 of the Shipping Act, 1916, as amended,’’
on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120
Stat. 1709, which Act enacted section 50501 of Title 46,
Shipping.

required Secretary to pay at end of each fiscal year
into miscellaneous receipts of the Treasury interest on
cumulative amount of appropriations available as capital to fund after July 1, 1965, less average undispersed
cash balance in fund during the year, provided formula
for determination of rate of interest, and authorized deferral of interest payments but with payment of interest on deferred payments.
1964—Subsec. (e). Pub. L. 88–309 added subsec. (e).
1958—Subsec. (c). Pub. L. 85–888 increased authorization for $10,000,000 to $20,000,000.

AMENDMENTS

EFFECTIVE DATE OF 1980 AMENDMENT

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

Pub. L. 96–478, § 16(b), Oct. 21, 1980, 94 Stat. 2304, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on September
1, 1980.’’
EFFECTIVE DATE OF 1970 AMENDMENT; FISHERIES LOAN
FUND AVAILABLE FOR LOANS FROM JULY 1, 1970 TO
CLOSE OF JUNE 30, 1980
Pub. L. 91–387, § 3, Aug. 24, 1970, 84 Stat. 829, provided
that: ‘‘The provisions of this Act [amending this section] shall be effective July 1, 1970. Notwithstanding
the provisions of section 4(c) of the Fish and Wildlife
Act of 1956, as amended [subsec. (c) of this section], any
balance remaining in the fisheries loan fund at the
close of June 30, 1970, shall be available to make loans
for the purposes of section 4 of said Act [this section]
from July 1, 1970, to the close of June 30, 1980.’’
EFFECTIVE DATE OF 1965 AMENDMENT; REMAINING
FUNDS; AVAILABILITY FOR LOANS
Pub. L. 89–85, § 5, July 24, 1965, 79 Stat. 263, provided
that: ‘‘The provisions of this Act [amending this section] shall be effective July 1, 1965. Notwithstanding
the provisions of section 4(c) of the Fish and Wildlife
Act of 1956, as amended [subsec. (c) of this section], any
balance remaining in the fisheries loan fund at the
close of June 30, 1965, shall be available to make loans
for the purposes of section 4 of said Act [this section]
from July 1, 1965, to the close of June 30, 1970.’’
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.
LOANS UNDER FISH AND WILDLIFE ACT OF 1956
Pub. L. 96–561, title II, § 221, Dec. 22, 1980, 94 Stat. 3295,
as amended by Pub. L. 98–44, title I, § 103(b), July 12,
1983, 97 Stat. 216; Pub. L. 98–498, title IV, § 431, Oct. 19,
1984, 98 Stat. 2310, provided that during the period beginning Dec. 22, 1980, through the close of Sept. 30, 1986,
the Secretary of Commerce could make loans from the
fisheries loan fund established under subsec. (c) of this
section only for the purpose of assisting obligors to
avoid default on obligations covering fishing vessels
and to cover operating losses.

§ 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 section 53723
1 So

in original. Probably should not be capitalized.

§ 742d

TITLE 16—CONSERVATION

of title 46 in connection with fisheries financing
under chapter 537 of title 46 for so long as such
debt exists. All accrued proceeds from such investment, after such debt has been liquidated,
shall be, subject to amounts provided in advance
by appropriations, credited to the fisheries portion of the Federal Ship Financing Fund established under section 1102 of the Merchant Marine
Act, 1936, as amended, and used for the fisheries
purposes provided in chapter 537 of title 46.
(Pub. L. 98–498, title IV, § 432, Oct. 19, 1984, 98
Stat. 2310.)
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
Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See also
Historical and Revision Notes under section 53717 of
Title 46, Shipping.
CODIFICATION
In text, ‘‘section 53723 of title 46’’ substituted for
‘‘section 1105(d) of the Merchant Marine Act, 1936 (46
U.S.C. 1275), as amended,’’ and ‘‘chapter 537 of title 46’’
substituted for ‘‘title XI of the Merchant Marine Act,
1936 (46 U.S.C. 1271–1280), as amended,’’ and for ‘‘title XI
of the Merchant Marine Act, 1936 (46 U.S.C. 1271–1280),
as amended’’, on authority of Pub. L. 109–304, § 18(c),
Oct. 6, 2006, 120 Stat. 1709, which Act enacted chapter
537 of Title 46, Shipping.

§ 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, 70 Stat. 1121.)
1 So

in original. No subsec. (b) has been enacted.

Page 1184

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report to Congress required under this section is listed on page 54),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.

§ 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.
(Pub. L. 85–582, § 1, Aug. 1, 1958, 72 Stat. 479; 1970
Reorg. Plan No. 3, § 2(a)(2)(i), eff. Dec. 2, 1970, 35
F.R. 15623, 84 Stat. 2086.)
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.
APPROPRIATIONS
Section 2 of Pub. L. 85–582, Aug. 1, 1958, 72 Stat. 479,
as amended by Pub. L. 86–279, Sept. 16, 1959, 73 Stat. 563;
Pub. L. 89–232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90–394,
July 11, 1968, 82 Stat. 338, provided that: ‘‘In order to
carry out the provisions of this Act [this section], there
is authorized to be appropriated $3,500,000 for the fiscal
year ending June 30, 1969, and for each of the two fiscal
years immediately following such year. Such sums
shall remain available until expended.’’

§ 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 re-

Page 1185

TITLE 16—CONSERVATION

sources 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, 70 Stat. 1122; 1970
Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R.
7959, 84 Stat. 2085.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is act Aug. 8, 1956,
ch. 1036, 70 Stat. 1119, as amended, known as the Fish
and Wildlife Act of 1956, which is classified generally to
sections 742a to 742d and 742e to 742j–2 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 742a of this title
and Tables.
TRANSFER OF FUNCTIONS
All functions vested by law (including reorganization
plan) in Bureau of the Budget or Director of Bureau of
the Budget were transferred to the President of the
United States by section 101 of 1970 Reorg. Plan No. 2,
eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the
Appendix to Title 5, Government Organization and Employees. Section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the Budget as Office of Management
and Budget.
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.

§ 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

§ 742f

segment of the domestic fisheries has been seriously disturbed either by wide fluctuation in
the abundance of the resource supporting it, or
by unstable market or fishing conditions or
due to any other factors he shall make such
recommendations to the President and the
Congress as he deems appropriate to aid in
stabilizing the domestic fisheries;
(3) develop and recommend special promotional and informational activities with a
view to stimulating the consumption of fishery products whenever he determines that
there is a prospective or actual surplus of such
products; and
(4) take such steps as may be required for
the development, advancement, management,
conservation, and protection of fish and wildlife resources including, but not limited to, research, development of existing facilities, and
acquisition by purchase or exchange of land
and water, or interests therein.
(b) Gifts, devises, or bequests for performance of
activities and services of United States Fish
and Wildlife Service; restrictive or affirmative covenants or conditions of servitude;
separate account in Treasury; disbursement
orders; gifts or bequests to United States for
Federal tax purposes
(1) In furtherance of the purposes of this Act,
the Secretary of the Interior is authorized to accept any gifts, devises, or bequests of real and
personal property, or proceeds therefrom, or interests therein, for the benefit of the United
States Fish and Wildlife Service, in performing
its activities and services. Such acceptance may
be subject to the terms of any restrictive or affirmative covenant, or condition of servitude, if
such terms are deemed by the Secretary to be in
accordance with law and compatible with the
purpose for which acceptance is sought.
(2) USE OF GIFTS, DEVISES, AND BEQUESTS.—
(A) IN GENERAL.—Any gifts and bequests of
money and proceeds from the sales of other
property received as gifts or bequests pursuant
to this subsection shall be deposited in a separate account in the Treasury and shall be disbursed upon order of the Secretary for the benefit of programs administered by the United
States Fish and Wildlife Service.
(B) GIFTS, DEVISES, AND BEQUESTS TO PARTICULAR REFUGES.—
(i) DISBURSAL.—Any gift, devise, or bequest made for the benefit of a particular
national wildlife refuge or complex of geographically related refuges shall be disbursed only for the benefit of that refuge or
complex of refuges and without further appropriations.
(ii) MATCHING.—Subject to the availability
of appropriations and the requirements of
the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)
and other applicable law, the Secretary may
provide funds to match gifts, devises, and bequests made for the benefit of a particular
national wildlife refuge or complex of geographically related refuges. With respect to
each gift, devise, or bequest, the amount of
Federal funds may not exceed the amount
(or, in the case of property or in-kind serv-

§ 742f

TITLE 16—CONSERVATION

ices, the fair market value) of the gift, devise, or bequest.
(3) For the purpose of Federal income, estate,
and gift taxes, property, or proceeds therefrom,
or interests therein, accepted under this subsection shall be considered as a gift or bequest
to the United States.
(c) Volunteer services; incidental expenses; Federal employee status; authorization of appropriations
(1) The Secretary of the Interior and the Secretary of Commerce may each recruit, train, and
accept, without regard to the provisions of title
5, the services of individuals without compensation as volunteers for, or in aid of programs conducted by either Secretary through the United
States Fish and Wildlife Service or the National
Oceanic and Atmospheric Administration.
(2) The Secretary of the Interior and the Secretary of Commerce are each authorized to provide for incidental expenses such as transportation, uniforms, lodging, awards (including
nominal cash awards) and recognition, and subsistence of such volunteers without regard to
their places of residence.
(3) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including those relative to hours of work,
rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
(4) For the purpose of the tort claim provisions of title 28, a volunteer under this subsection shall be considered a Federal employee.
(5) For the purposes of subchapter I of chapter
81 of title 5, relating to compensation to Federal
employees for work injuries, volunteers under
this subsection shall be deemed employees of the
United States within the meaning of the term
‘‘employees’’ as defined in section 8101 of title 5,
and the provisions of that subchapter shall
apply.
(6) SENIOR VOLUNTEER CORPS.—The Secretary
of the Interior may establish a Senior Volunteer
Corps, consisting of volunteers over the age of
50. To assist in the recruitment and retention of
the volunteers, the Secretary may provide for
additional incidental expenses to members of
the Corps beyond the incidental expenses otherwise provided to volunteers under this subsection. The members of the Corps shall be subject to the other provisions of this subsection.
(d) Community partnership enhancement
(1) Definition of partner organization
In this subsection, the term ‘‘partner organization’’ means an organization that—
(A) draws its membership from private individuals, organizations, corporations, academic institutions, or State or local governments;
(B) is established to promote the understanding of, education relating to, and the
conservation of the fish, wildlife, plants, and
cultural and historical resources of a particular refuge or complex of geographically
related refuges; and
(C) is described in section 501(c)(3) of title
26 and is exempt from taxation under section
501(a) of that title.

Page 1186

(2) Cooperative agreements
(A) In general
Notwithstanding chapter 63 of title 31, the
Secretary of the Interior may negotiate and
enter into a cooperative agreement with a
partner organization, academic institution,
State or local government agency, or other
person to implement one or more projects or
programs for a refuge or complex of geographically related refuges in accordance
with the purposes of this subsection and in
compliance with the policies of other relevant authorities, regulations, and policy
guidance.
(B) Projects and programs
Subject to the requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and
other applicable law, and such terms and
conditions as the Secretary determines to be
appropriate, the Secretary may approve
projects and programs for a refuge or complex of geographically related refuges that—
(i) promote the stewardship of resources
of the refuge through habitat maintenance, restoration, and improvement, biological monitoring, or research;
(ii) support the operation and maintenance of the refuge through constructing,
operating, maintaining, or improving the
facilities and services of the refuge;
(iii) increase awareness and understanding of the refuge and the National Wildlife
Refuge System through the development,
publication, or distribution of educational
materials and products;
(iv) advance education concerning the
purposes of the refuge and the mission of
the System through the use of the refuge
as an outdoor classroom and development
of other educational programs; or
(v) contribute financial resources to the
refuge, under terms that require that the
net revenues be used exclusively for the
benefit of the refuge, through donation of
net revenues from the sale of educational
materials and products and through encouragement of gifts, devises, and bequests.
(C) Federal funding and ownership
(i) Matching
Subject to the availability of appropriations and the requirements of the National
Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) and
other applicable law, the Secretary may
provide funds to match non-Federal funds
donated under a cooperative agreement
under this paragraph. With respect to each
project or program, the amount of funds
provided by the Secretary may not exceed
the amount of the non-Federal funds donated through the project or program.
(ii) Use of Federal funds
Any Federal funds used to fund a project
or program under a cooperative agreement
may be used only for expenses directly related to the project or program and may

Page 1187

§ 742f

TITLE 16—CONSERVATION

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
section 742f–1 of this title; and
(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 2011 through 2014.
(Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122; Pub. L.
95–616, § 4, Nov. 8, 1978, 92 Stat. 3112; Pub. L.
97–347, § 2, Oct. 18, 1982, 96 Stat. 1652; Pub. L.
98–44, title I, § 103(a)(2), July 12, 1983, 97 Stat. 216;
Pub. L. 98–498, title IV, § 430(2), Oct. 19, 1984, 98
Stat. 2310; Pub. L. 105–242, §§ 3, 4(b), (c), 5–7, Oct.
5, 1998, 112 Stat. 1574–1578; Pub. L. 108–327, §§ 2, 4,
Oct. 16, 2004, 118 Stat. 1271; Pub. L. 111–357, §§ 2,
4(a), Jan. 4, 2011, 124 Stat. 3979, 3980.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), is act Aug. 8,
1956, ch. 1036, known as the Fish and Wildlife Act of
1956, which is classified generally to sections 742a to
742d and 742e to 742j–2 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 742a of this title and Tables.
The National Wildlife Refuge 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 Pub. L.
89–699, Oct. 15, 1966, 80 Stat. 927, and is classified to sections 668dd and 668ee of this title. For further details,
see Short Title note set out under section 668dd of this
title.
AMENDMENTS
2011—Subsec. (b)(2)(B)(ii). Pub. L. 111–357, § 2(b), substituted ‘‘National Wildlife Refuge System Administration Act of 1966’’ for ‘‘National Wildlife Refuge Administration Act of 1966’’.
Subsec. (d)(2)(C)(i). Pub. L. 111–357, § 2(b), substituted
‘‘National Wildlife Refuge System Administration Act
of 1966’’ for ‘‘National Wildlife Refuge Administration
Act of 1966’’.
Subsec. (f). Pub. L. 111–357, § 4(a)(2), added subsec. (f).
Former subsec. (f) redesignated (g).
Pub. L. 111–357, § 2(a), amended subsec. (f) generally.
Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), and (e) of
this section $2,000,000 for each of fiscal years 2004
through 2009.’’
Subsec. (g). Pub. L. 111–357, § 4(a)(1), redesignated subsec. (f) as (g).
2004—Subsec. (d)(2)(A). Pub. L. 108–327, § 4, reenacted
heading without change and amended text generally.
Prior to amendment, text read as follows: ‘‘The Secretary of the Interior may enter into a cooperative
agreement (within the meaning of chapter 63 of title 31)
with any partner organization, academic institution, or
State or local government agency to carry out 1 or
more projects or programs for a refuge or complex of
geographically related refuges in accordance with this
subsection.’’
Subsec. (f). Pub. L. 108–327, § 2, reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘There is authorized
to be appropriated to the Secretary of the Interior to
carry out subsections (b), (c), (d), and (e) of this section
$2,000,000 for each of fiscal years 1999 through 2004.’’
1998—Subsec. (b)(2). Pub. L. 105–242, § 3, inserted par.
(2) heading, designated existing provisions as subpar.
(A) and inserted heading, and added subpar. (B).

§ 742f–1

TITLE 16—CONSERVATION

Subsec. (c)(2). Pub. L. 105–242, § 4(b), inserted ‘‘awards
(including nominal cash awards) and recognition,’’
after ‘‘lodging,’’ and ‘‘without regard to their places of
residence’’ after ‘‘volunteers’’.
Subsec. (c)(6). Pub. L. 105–242, § 4(c), added par. (6) and
struck out former par. (6) which read as follows: ‘‘There
are authorized to be appropriated to carry out this subsection $100,000 for the Secretary of the Interior and
$50,000 for the Secretary of Commerce for each of the
fiscal years 1980, 1981, 1982, 1983, 1984, 1985, and 1986.’’
Subsecs. (d) to (f). Pub. L. 105–242, §§ 5–7, added subsecs. (d) to (f).
1984—Subsec. (c)(6). Pub. L. 98–498 substituted ‘‘1984,
1985, and 1986’’ for ‘‘and 1984’’.
1983—Subsec. (c)(6). Pub. L. 98–44 substituted ‘‘, 1983,
and 1984’’ for ‘‘and 1983’’.
1982—Subsec. (c)(6). Pub. L. 97–347 substituted ‘‘1982
and 1983’’ for ‘‘and 1982’’.
1978—Subsec. (a)(4). Pub. L. 95–616, § 4(1), reenacted
existing provisions, substituting reference to fish resources for prior reference to fisheries resources and incorporated provisions of par. (5) relating to wildlife resources, substituting reference to acquisition by purchase or exchange of land and water for prior reference
to acquisition of refuge lands.
Subsec. (a)(5). Pub. L. 95–616, § 4(1), struck out par. (5)
relating to wildlife resources. See par. (4).
Subsecs. (b), (c). Pub. L. 95–616, § 4(3), added subsecs.
(b) and (c).
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 105–242, § 2, Oct. 5, 1998, 112 Stat. 1574, provided
that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the National Wildlife Refuge System (referred
to in this Act [amending this section and enacting
provisions set out as notes under this section and section 742a of this title] as the ‘System’), consisting of
more than 500 refuges and 93,000,000 acres, plays an integral role in the protection of the natural resources
of the United States;
‘‘(2) the National Wildlife Refuge System Improvement Act of 1997 (Public Law 105–57; 111 Stat. 1252)
[see Tables for classification] significantly improved
the law governing the System, although the financial
resources for implementing this law and managing
the System remain limited;
‘‘(3) by encouraging volunteer programs and donations, and facilitating non-Federal partnerships with
refuges, Federal funding for the refuges can be supplemented and the System can fully benefit from the
amendments made by the National Wildlife Refuge
System Improvement Act of 1997; and
‘‘(4) by encouraging refuge educational programs,
public awareness of the resources of the System and
public participation in the conservation of those resources can be promoted.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to encourage the use of volunteers to assist the
United States Fish and Wildlife Service in the management of refuges within the System;
‘‘(2) to facilitate partnerships between the System
and non-Federal entities to promote public awareness
of the resources of the System and public participation in the conservation of those resources; and
‘‘(3) to encourage donations and other contributions
by persons and organizations to the System.’’
PILOT PROJECTS
Pub. L. 105–242, § 4(a), Oct. 5, 1998, 112 Stat. 1575, as
amended, formerly set out as a note under this section,
was transferred and is classified to section 742f–1 of this
title.

Page 1188

§ 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 section 742f of this title, the
Secretary of the Interior, through the Director
of the United States Fish and Wildlife Service,
shall carry out a National Volunteer Coordination Program within the National Wildlife Refuge System to—
(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 (16 U.S.C. 668dd et seq.).
(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 section 742f(d) of this title.
(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.
(Pub. L. 105–242, § 4(a), Oct. 5, 1998, 112 Stat. 1575;
Pub. L. 108–327, § 3, Oct. 16, 2004, 118 Stat. 1271;
Pub. L. 111–357, §§ 3, 4(b), Jan. 4, 2011, 124 Stat.
3979, 3981.)
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 Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927

Page 1189

§ 742h

TITLE 16—CONSERVATION

and is classified to sections 668dd and 668ee of this title.
For further details, see Short Title note set out under
section 668dd of this title.
CODIFICATION
Section was formerly set out as a note under section
742f of this title.
AMENDMENTS
2011—Pub. L. 111–357, § 3(1), substituted ‘‘National
Volunteer Coordination Program’’ for ‘‘Projects’’ in
section catchline.
Par. (1). Pub. L. 111–357, § 3(2), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘Subject to the availability of appropriations, the Secretary
of the Interior shall carry out a project at 2 or more national wildlife refuges or complexes of geographically
related refuges in each United States Fish and Wildlife
Service region.’’
Par. (2). Pub. L. 111–357, § 3(3), amended par. (2) generally. Prior to amendment, text read as follows: ‘‘Each
project shall provide for the employment of a full-time
volunteer coordinator for the refuge or complex of geographically related refuges. The volunteer coordinator
shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be
responsible for assisting partner organizations in developing projects and programs under cooperative agreements under section 742f(d) of this title and coordinating volunteer activities with partner organizations
to carry out the projects and programs.’’
Par. (3). Pub. L. 111–357, § 4(b), redesignated par. (4) as
(3) and struck out former par. (3) relating to reports.
Par. (4). Pub. L. 111–357, § 4(b), redesignated par. (4) as
(3).
Pub. L. 111–357, § 3(4), substituted ‘‘for each fiscal year
through fiscal year 2014’’ for ‘‘for for each fiscal year
through fiscal year 2009’’.
2004–Pub. L. 108–327, § 3(1), struck out ‘‘Pilot’’ before
‘‘Projects’’ in section catchline.
Par. (1). Pub. L. 108–327, § 3(2), (3), substituted
‘‘project’’ for ‘‘pilot project’’ and struck out ‘‘, but not
more than 20 pilot projects nationwide’’ before period
at end.
Par. (2). Pub. L. 108–327, § 3(2), substituted ‘‘project’’
for ‘‘pilot project’’.
Par. (3). Pub. L. 108–327, § 3(4), substituted ‘‘after October 16, 2004, and every 3 years thereafter’’ for ‘‘after
October 5, 1998’’ and ‘‘projects’’ for ‘‘pilot projects’’.
Par. (4). Pub. L. 108–327, § 3(5), substituted ‘‘for each
fiscal year through fiscal year 2009’’ for ‘‘each of fiscal
years 1999 through 2002’’.

§ 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 con-

sult with the Secretary in all cases in which the
interests of fish and wildlife are involved, with
a view to assuring that such interests are adequately represented at all times.
(c) International negotiations
Notwithstanding any other provision of law,
the Secretary shall be represented in all international negotiations conducted by the United
States pursuant to section 1351 of title 19, in any
case in which fish products are directly affected
by such negotiations.
(d) Consultation with governmental, private nonprofit, and other organizations
The Secretary shall consult periodically with
the various governmental, private nonprofit,
and other organizations and agencies which
have to do with any phase of fish and wildlife
with respect to any problems that may arise in
connection with such fish and wildlife.
(Aug. 8, 1956, ch. 1036, § 8, 70 Stat. 1123.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.

§ 742h. Reports on fishery products
(a) Repealed. Pub. L. 96–470, title I, § 103(a),
Oct. 19, 1980, 94 Stat. 2237.
(b) The Secretary is authorized to make a report to the President and the Congress, and,
when requested by the United States International Trade Commission in connection with
section 1364 of title 19, or when an investigation
is made under the Tariff Act of 1930 (19 U.S.C.
1332), the Secretary is authorized to make a report to such Commission, concerning the following matters with respect to any fishery product
which is imported into the United States, or
such reports may be made upon a request from
any segment of the domestic industry producing
a like or directly competitive product—
(1) whether there has been a downward trend
in the production, employment in the production, or prices, or a decline in the sales, of the
like or directly competitive product by the domestic industry; and
(2) whether there has been an increase in the
imports of the fishery products into the
United States, either actual or relative to the
production of the like or directly competitive
product produced by the domestic industry.
(Aug. 8, 1956, ch. 1036, § 9, 70 Stat. 1123; Pub. L.
93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009;
Pub. L. 96–470, title I, § 103(a), Oct. 19, 1980, 94
Stat. 2237.)
REFERENCES IN TEXT
Section 1364 of title 19, referred to in subsec. (b), was
repealed by Pub. L. 87–794, title II, § 257(e)(1), Oct. 11,
1962, 76 Stat. 882.
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–470 struck out subsec. (a)
which required Secretary of the Interior to make an
annual report to Congress with respect to activities of
United States Fish and Wildlife Service under this Act,
accompanied by appropriate legislative recommendations.

§ 742i

TITLE 16—CONSERVATION

1975—Subsec. (b). Pub. L. 93–618 substituted ‘‘United
States International Trade Commission’’ for ‘‘United
States Tariff Commission’’.
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.

§ 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 [43 U.S.C.
1301 et seq.] or otherwise provided by law, or to
supersede any regulatory authority over fisheries exercised by the States either individually
or under interstate compacts; or (2) to interfere
in any manner with the authority exercised by
any International Commission established under
any treaty or convention to which the United
States is a party.
(Aug. 8, 1956, ch. 1036, § 10, 70 Stat. 1124.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 742a of this title
and Tables.
The Submerged Lands Act, referred to in text, is act
May 22, 1953, ch. 65, 67 Stat. 29, as amended, which is
classified generally to subchapters I and II (§§ 1301 et
seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands.
For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of Title 43
and Tables.

§ 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, 70 Stat. 1124.)
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 8, 1956, ch.
1036, 70 Stat. 1119, as amended, known as the Fish and
Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 742a of this title
and Tables.

§ 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 author-

Page 1190

ized 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 is-

Page 1191

sued 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 Pub. L.
92–159, § 1, Nov. 18, 1971, 85 Stat. 480; amended
Pub. L. 92–502, Oct. 18, 1972, 86 Stat. 905; Pub. L.
101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
AMENDMENTS
1972—Subsecs. (d) to (f). Pub. L. 92–502 added subsecs.
(d) to (f).
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ in subsec. (d) pursuant to
section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE
Pub. L. 92–159, § 3, Nov. 18, 1971, 85 Stat. 481, provided
that: ‘‘The amendments made by the first section of
this Act [enacting this section] shall take effect as of
the thirtieth day after the date of enactment of such
section [Nov. 18, 1971]; except that, in any case in which
a State is not authorized to issue any permit referred
to in the amendments made by such first section, such
amendments shall take effect in any such State as of
the thirtieth day after the expiration of the next regular session of the legislature of such State which begins
on or after the date of enactment of this Act.’’

§ 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 Pub. L.
96–291, § 2, June 28, 1980, 94 Stat. 608.)
§ 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
section 742c of this title and any related type of
activities relating to fisheries for which the Department of the Interior is now or may hereafter
be responsible, the Secretary of the Interior,
notwithstanding any other provisions of law,
may hereafter administer, complete, recondition, reconstruct, renovate, repair, maintain,
1 So

§ 742l

TITLE 16—CONSERVATION

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

operate, charter, assign, or sell upon such terms
and conditions as he may deem most advantageous to the United States, any vessel, plant,
or other property acquired by him on behalf of
the United States and arising out of any fishery
loan or any related type of activity by the Secretary of the Interior. The Secretary may use
any of the applicable funds in each particular instance for the aforesaid purposes.
(Pub. L. 87–219, Sept. 13, 1961, 75 Stat. 493.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see Transfer
of Functions note set out under section 742b of this
title.

§ 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

§ 742l

TITLE 16—CONSERVATION

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 chapter 81 of title 5;
(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 sections 111 and 1114
of title 18.
(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 section 1540(d) of this
title and the first sentence of section 3375(d) of
this title—
(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

Page 1192

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.
(Pub. L. 95–616, § 3 (less (e)–(j)), Nov. 8, 1978, 92
Stat. 3110; Pub. L. 97–396, § 7, Dec. 31, 1982, 96
Stat. 2006; Pub. L. 105–328, § 3, Oct. 30, 1998, 112
Stat. 3058.)
REFERENCES IN TEXT
This section, referred to in subsec. (d), means section
3 of Pub. L. 95–616, which in addition to enacting this
section, enacted section 712 of this title and amended
sections 460k–3, 668dd, 690e, 706, and 718f of this title and
sections 1114 and 3112 of Title 18, Crimes and Criminal
Procedure.
CODIFICATION
Section is comprised of subsecs. (a) to (d) and (k) of
section 3 of Pub. L. 95–616, as amended. For classification of subsecs. (e) through (j) of section 3, see References in Text note above and Tables.
AMENDMENTS
1998—Subsec. (c). Pub. L. 105–328 designated existing
provisions as par. (1) and inserted heading, substituted
‘‘Subject to paragraph (2), notwithstanding’’ for ‘‘Notwithstanding’’, and added pars. (2) and (3).
1982—Subsec. (k). Pub. L. 97–396 added subsec. (k).
CONGRESSIONAL FINDINGS AND PURPOSES
Pub. L. 105–328, § 2, Oct. 30, 1998, 112 Stat. 3057, provided that:

Page 1193

§ 743a

TITLE 16—CONSERVATION

‘‘(a) FINDINGS.—Congress finds that—
‘‘(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 section 742a
of this title] as the ‘Service’)—
‘‘(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) PURPOSES.—The purposes of this Act are to make
proceeds from sales of abandoned items derived from
fish, wildlife, and plants available to the Service and to
authorize the use of those proceeds to cover costs incurred in shipping, storing, and disposing of those
items.’’

§ 742l–1. Authority to use available law enforcement funds
In fiscal year 2012 and hereafter of the amount
available for law enforcement, up to $400,000, 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.
(Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125
Stat. 988.)
§ 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 ac-

ceptance thereof, or (2) as the laws of the State,
Commonwealth, territory, or possession may
otherwise provide.
(Pub. L. 100–653, title IX, § 901, Nov. 14, 1988, 102
Stat. 3834.)
§ 743. Repealed. Pub. L. 93–280, § 1(2), May 10,
1974, 88 Stat. 123
Section, act Mar. 3, 1885, ch. 360, § 1(1), 23 Stat. 494, renumbered by Pub. L. 93–280, § 1(1), May 10, 1974, 88 Stat.
123, was part of a paragraph entitled: ‘‘Propagation of
Food Fishes’’ in the Sundry Civil Expenses Appropriation Act, 1886. It authorized the Secretary of the Treasury to detail Coast Guard personnel to the Fish and
Wildlife Services for duty. See section 743a of this title.

§ 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 Pub. L.
93–280, § 1(3), May 10, 1974, 88 Stat. 123; amended
Pub. L. 96–470, title II, § 206(a), Oct. 19, 1980, 94
Stat. 2244; Pub. L. 103–437, § 6(t), Nov. 2, 1994, 108
Stat. 4587.)
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 section
742b(c) of this title.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Committee on Commerce, Science, and Transportation’’ for
‘‘Committee on Commerce’’.
1980—Subsec. (c). Pub. L. 96–470 substituted provision
requiring that a report to Congress be made at the end

§ 744

TITLE 16—CONSERVATION

of any fiscal year that provisions of this section are
utilized for provision requiring an annual report to
Congress be made on utilization of the provisions of
this section and struck out ‘‘annual’’ before ‘‘report
shall be’’.

Page 1194

1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3174, 62 Stat. 1262; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub.
L. 96–470, title I, § 101(c), Oct. 19, 1980, 94 Stat.
2237.)

TRANSFER OF FUNCTIONS

CODIFICATION

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 sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Atomic Energy Commission abolished and functions
transferred by sections 5814 and 5841 of Title 42, The
Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

R.S. § 4396 derived from Res. Feb. 9, 1871, No. 22, § 2, 16
Stat. 594.
R.S. § 4397 derived from Res. Feb. 9, 1871, No. 22, § 3, 16
Stat. 594.

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
Pub. L. 104–14, set out as a note preceding section 21 of
Title 2, The Congress. Committee on Resources of
House of Representatives changed to Committee on
Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.

§ 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, 24 Stat.
523; June 21, 1916, ch. 160, §§ 1, 2, 39 Stat. 232; 1939
Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III,
§ 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;

AMENDMENTS
1980—Pub. L. 96–470 struck out provision requiring a
detailed statement of expenditures under all appropriations for ‘‘propagation of fishes’’ be submitted annually
to Congress at the beginning of each session.
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, 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,
Government Organization and Employees, consolidated
Bureau of Fisheries and Bureau of Biological Survey
into one agency in Department of the Interior to be
known as Fish and Wildlife Service. It was further provided that functions of consolidated agency should be
administered under direction and supervision of Secretary of the Interior by a director and assistants, and
that offices of Commissioner and Deputy Commissioner
of Fisheries and offices of Chief and Associate Chief of
Bureau of Biological Survey should be abolished and
their functions transferred to consolidated agency.
Reorg. Plan No. II of 1939, § 4(e), (f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce and its functions, and Bureau of Biological Survey in Department of Agriculture and its functions, to Department of the Interior, to be administered under direction and supervision of Secretary of
the Interior.
SURVEY OF MARINE AND FRESH-WATER RESOURCES
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired
January 1, 1945, provided for a comprehensive survey of
all marine, fresh-water, and other aquatic resources of
the United States, its Territories, and possessions; and
for a report on survey, together with recommendations
to Congress. It also appropriated $20,000 to carry out
the purposes of the act.

§ 745. Powers of Secretary
The Secretary of the Interior or the Secretary
of Commerce, as appropriate, may take or cause

Page 1195

§ 749

TITLE 16—CONSERVATION

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, 54 Stat. 1232; 1970 Reorg.
Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090.)
CODIFICATION
R.S. § 4398 derived from Res. Feb. 9, 1871, No. 22, § 4, 16
Stat. 594.
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 section
744 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.
Transfer and consolidation of bureaus and functions,
see note set out under section 742 of this title.

§ 746. Vessels of Fish and Wildlife Service
The Secretary of
place the vessels of
Wildlife Service on
Navy Department
Ocean Survey.

the Navy is authorized to
the United States Fish and
the same footing with the
as those of the National

(May 31, 1880, ch. 113, 21 Stat. 151; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June
30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch.
1036, § 3, 70 Stat. 1120.)
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, 79 Stat. 1318. Environmental Science Services Administration abolished
in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric
Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and
Geodetic Survey redesignated National Ocean Survey.
See notes under section 851 of Title 33, Navigation and
Navigable Waters. See, also, notes under section 311 of
Title 15, Commerce and Trade.
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b 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.

Transfer and consolidation of bureaus and functions,
see note set out under section 742 of this title.

§ 746a. Operation and maintenance fees for the
M/V Tiglax and other vessels
On and after October 21, 1998, pursuant to section 9701 of title 31 and notwithstanding section
3302 of title 31, the Secretary shall charge reasonable fees for the full costs of the U.S. Fish
and Wildlife Service in operating and maintaining the M/V Tiglax and other vessels, to be credited to this account and to be available until expended.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21,
1998, 112 Stat. 2681–231, 2681–236.)
§ 747. Omitted
CODIFICATION
Section, acts Mar. 28, 1922, ch. 117, title I, 42 Stat. 484;
Jan. 5, 1923, ch. 24, title I, 42 Stat. 1125; May 28, 1924, ch.
204, title III, 43 Stat. 238; Feb. 27, 1925, ch. 364, title III,
43 Stat. 1047, which related to the commutation of rations of officers and crews on vessels, was provision of
an appropriation act which was confined to specific appropriations.

§ 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, 40 Stat. 693; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June
30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch.
1036, § 3, 70 Stat. 1120.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b 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.
Transfer and consolidation of bureaus and functions,
see note set out under sections 742 and 744 of this title.

§ 749. Omitted
CODIFICATION
Section, act June 16, 1921, ch. 23, § 4, 42 Stat. 63, provided for an advisory committee to report on condition

§ 750

TITLE 16—CONSERVATION

Page 1196

and needs of the Fish and Wildlife Service, and is omitted since it was derived from an appropriation act and
is obsolete.

§ 752. Omitted

§ 750. Station on Mississippi River for rescue of
fishes and propagation of mussels

Section, act July 2, 1942, ch. 473, § 1, 56 Stat. 557,
which authorized the Fish and Wildlife Service to exchange equipment as part payment for other equipment, was from the Interior Department Appropriation
Act, 1943, and was not repeated in subsequent appropriation acts. Similar provisions were contained in act
June 28, 1941, ch. 259, § 1, 55 Stat. 357.

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, 42 Stat. 501; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June
30, 1940, 5 F.R. 2108, 54 Stat. 1232.)
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, 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.
Transfer and consolidation of bureaus and functions,
see note set out under section 742 of this title.

§ 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, 42 Stat. 501.)
CODIFICATION
Provisions relating to the compensation of such personnel have been omitted as such pay is fixed pursuant
to chapter 51 and subchapter III of chapter 53 of Title
5, Government Organization and Employees.
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, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

CODIFICATION

§ 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 [7 U.S.C. 2220, 2279i].
(July 2, 1942, ch. 473, § 1, 56 Stat. 558; Aug. 8, 1956,
ch. 1036, § 3, 70 Stat. 1120.)
REFERENCES IN TEXT
Act of July 24, 1919, referred to in text, was formerly
classified to sections 563 and 564 of Title 5 prior to the
general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89–554, § 1,
Sept. 6, 1966, 80 Stat. 378.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, § 1, 55 Stat. 357.
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b 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.

§ 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 em1 So

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

Page 1197

§ 754b

TITLE 16—CONSERVATION

ployees of cooperating agencies assigned to the
units.
(Pub. L. 86–686, § 1, Sept. 2, 1960, 74 Stat. 733; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090; Pub. L. 95–616, § 2, Nov. 8, 1978, 92
Stat. 3110.)
AMENDMENTS
1978—Pub. L. 95–616, in proviso, substituted ‘‘scientific personnel’’ for ‘‘technical personnel’’ and authorized provision of assistance (including reasonable
financial compensation) for the work of researchers on
funded fish and wildlife ecology and resource management projects.
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 TransAlaska 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.

§ 753b. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out the purposes of section 753a of this title.
(Pub. L. 86–686, § 2, Sept. 2, 1960, 74 Stat. 733.)
§ 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 section 5911 of title 5,
shall not be construed to require deductions
from the salaries of officers and crews of vessels
of the United States Fish and Wildlife Service
for quarters and rations furnished on vessels of
said Service.
(July 2, 1942, ch. 473, § 1, 56 Stat. 558; Aug. 8, 1956,
ch. 1036, § 3, 70 Stat. 1120.)
CODIFICATION
‘‘Section 5911 of title 5’’ substituted in text for ‘‘the
Act of March 5, 1928 (5 U.S.C. 75a)’’ on authority of Pub.
L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization
and Employees.

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 742b of this title.
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b 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.

§ 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, 40 Stat. 694; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff.
June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8,
1956, ch. 1036, § 3, 70 Stat. 1120.)
CODIFICATION
Section was formerly classified to section 662 of Title
31 prior to the general revision and enactment of Title
31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13,
1982, 96 Stat. 877.
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service
established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See section 742b of this title.
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, 64 Stat. 1262, set out in the Appendix
to Title 5, Government Organization and Employees.
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

TRANSFER OF FUNCTIONS

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.

Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,

(Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov.
29, 1999, 113 Stat. 1535, 1501A–139.)

PRIOR PROVISIONS
Provisions similar to those in this section were contained in act June 28, 1941, ch. 259, § 1, 55 Stat. 357.

§ 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 1198

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-