Bald and Golden Eagle Protection Act (16 USC 668 et seq)

Page 1151

TITLE 16—CONSERVATION

(II) the infection rates for each pathway
and mechanism identified under subclause
(I); and
(III) the relative frequency of transmission of each pathway and mechanism
identified under subclause (I);
(ii)(I) anthropogenic and environmental
factors contributing to new chronic wasting disease emergence events;
(II) the development of geographical
areas with increased chronic wasting disease prevalence; and
(III) the overall geographical patterns of
chronic wasting disease distribution;
(iii) significant gaps in current scientific
knowledge regarding the transmission
pathways and mechanisms identified under
clause (i)(I) and potential prevention, detection, and control methods identified
under clause (v);
(iv) for prioritization the scientific research projects that will address the
knowledge gaps identified under clause
(iii), based on the likelihood that a project
will contribute significantly to the prevention or control of chronic wasting disease;
and
(v) potential prevention, detection, or
control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States;
(B) assess the effectiveness of the potential
prevention, detection, or control measures,
practices, or technologies identified under
subparagraph (A)(v); and
(C) review and compare science-based best
practices, standards, and guidance regarding
the prevention, detection, and management
of chronic wasting disease in wild, captive,
and farmed populations of cervids in the
United States that have been developed by—
(i) the National Chronic Wasting Disease
Herd Certification Program of the Animal
and Plant Health Inspection Service;
(ii) the National Wildlife Research Center of the Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, in the case of practices, standards,
and guidance that provide practical,
science-based recommendations to State
and Federal agencies for minimizing or
eliminating the risk of transmission of
chronic wasting disease in the United
States; and
(v) industry or academia, in the case of
any published guidance on practices that
provide
practical,
science-based
recommendations to cervid producers for
minimizing or eliminating the risk of
transmission of chronic wasting disease
within or between herds.
(4) Deadline
The study under paragraph (2) shall be completed not later than 180 days after the date on
which funds are first made available for the
study.

§ 668

(5) Data sharing
The Secretaries shall share with the Academy, as necessary to conduct the study under
paragraph (2), subject to the avoidance of a
violation of a privacy or confidentiality requirement and the protection of confidential
or privileged commercial, financial, or proprietary information, data and access to databases and research information on chronic
wasting disease under the jurisdiction of—
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report
Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy
and Natural Resources, and the Committee on
Environment and Public Works of the Senate
and the Committee on Agriculture and the
Committee on Natural Resources of the House
of Representatives a report that describes—
(A) the findings of the study; and
(B) any conclusions and recommendations
that the Secretaries determine to be appropriate.
(d) Authorization of appropriations
There are authorized to be appropriated to
carry out this section—
(1) for the period of fiscal years 2021 through
2025, $5,000,000 to the Secretary of the Interior,
acting through the Director of the United
States Fish and Wildlife Service, to carry out
administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of the Interior, acting through the Director of the United States Geological Survey,
to carry out activities to fund research under
subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health
Inspection Service, to carry out activities to
fund research under subsection (c).
(Pub. L. 116–188, title I, § 104, Oct. 30, 2020, 134
Stat. 911.)
SUBCHAPTER II—PROTECTION OF BALD
AND GOLDEN EAGLES
§ 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any
place subject to the jurisdiction thereof, without being permitted to do so as provided in this
subchapter, shall knowingly, or with wanton
disregard for the consequences of his act take,
possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at
any time or in any manner any bald eagle commonly known as the American eagle or any
golden eagle, alive or dead, or any part, nest, or
egg thereof of the foregoing eagles, or whoever
violates any permit or regulation issued pursuant to this subchapter, shall be fined not more
than $5,000 or imprisoned not more than one
year or both: Provided, That in the case of a sec-

§ 668

TITLE 16—CONSERVATION

ond or subsequent conviction for a violation of
this section committed after October 23, 1972,
such person shall be fined not more than $10,000
or imprisoned not more than two years, or both:
Provided further, That the commission of each
taking or other act prohibited by this section
with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but
not to exceed $2,500, shall be paid to the person
or persons giving information which leads to
conviction: Provided further, That nothing herein
shall be construed to prohibit possession or
transportation of any bald eagle, alive or dead,
or any part, nest, or egg thereof, lawfully taken
prior to June 8, 1940, and that nothing herein
shall be construed to prohibit possession or
transportation of any golden eagle, alive or
dead, or any part, nest, or egg thereof, lawfully
taken prior to the addition to this subchapter of
the provisions relating to preservation of the
golden eagle.
(b) Civil penalties
Whoever, within the United States or any
place subject to the jurisdiction thereof, without being permitted to do so as provided in this
subchapter, shall take, possess, sell, purchase,
barter, offer to sell, purchase or barter, transport, export or import, at any time or in any
manner, any bald eagle, commonly known as the
American eagle, or any golden eagle, alive or
dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit
or regulation issued pursuant to this subchapter, may be assessed a civil penalty by the
Secretary of not more than $5,000 for each such
violation. Each violation shall be a separate offense. No penalty shall be assessed unless such
person is given notice and opportunity for a
hearing with respect to such violation. In determining the amount of the penalty, the gravity
of the violation, and the demonstrated good
faith of the person charged shall be considered
by the Secretary. For good cause shown, the
Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil
action in a district court of the United States
for any district in which such person is found or
resides or transacts business to collect the penalty and such court shall have jurisdiction to
hear and decide any such action. In hearing any
such action, the court must sustain the Secretary’s action if supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has
issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this subchapter or of any
permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States
shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to
this section.

Page 1152

(June 8, 1940, ch. 278, § 1, 54 Stat. 250; Pub. L.
86–70, § 14, June 25, 1959, 73 Stat. 143; Pub. L.
87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535,
§ 1, Oct. 23, 1972, 86 Stat. 1064.)
Editorial Notes
REFERENCES IN TEXT
Prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred to in subsec. (a), means prior to Oct. 24, 1962, the
date such provisions were enacted by Pub. L. 87–884 as
an amendment of this section and section 668a of this
title.
AMENDMENTS
1972—Pub. L. 92–535 designated existing provisions as
subsec. (a), substituted ‘‘shall knowingly, or with wanton disregard for the consequences of his act take’’ for
‘‘shall take’’, increased fine and imprisonment terms
from $500 or six months to $5,000 or one year, and inserted provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than
two years, that each taking constitute a separate offense, and that informers be rewarded one-half of the
fine not exceeding $2,500, and added subsecs. (b) and (c).
1962—Pub. L. 87–884 extended prohibitions against the
enumerated acts to the golden eagle and changed proviso by substituting ‘‘bald eagle’’, ‘‘June 8, 1940’’ and
‘‘and that nothing in said sections shall be construed to
prohibit possession or transportation of any golden
eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition to said sections of
the provisions relating to preservation of the golden
eagle’’ for ‘‘such eagle,’’ ‘‘the effective date of said sections’’ and ‘‘but the proof of such taking shall lie upon
the accused in any prosecution under said sections’’, respectively.
1959—Pub. L. 86–70 struck out ‘‘except the Territory
of Alaska,’’ after ‘‘subject to the jurisdiction thereof,’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Act June 8, 1940, ch. 278, 54 Stat. 250, which is classified to this subchapter, is popularly known as the
‘‘Bald and Golden Eagle Protection Act’’ and also as
the ‘‘Bald Eagle Protection Act’’.
LEGISLATIVE INTENT
Enacting clause of act June 8, 1940, provided:
‘‘Whereas the Continental Congress in 1782 adopted
the bald eagle as the national symbol; and
‘‘Whereas the bald eagle thus became the symbolic
representation of a new nation under a new government
in a new world; and
‘‘Whereas by that act of Congress and by tradition
and custom during the life of this Nation, the bald
eagle is no longer a mere bird of biological interest but
a symbol of the American ideals of freedom; and
‘‘Whereas the bald eagle is now threatened with extinction: Therefore
‘‘Be it enacted * * *’’, etc.
Executive Documents
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with this subchapter with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector
for Alaska Natural Gas Transportation System, until
first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.

Page 1153

§ 668a

TITLE 16—CONSERVATION

1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 668a. Taking and using of the bald and golden
eagle for scientific, exhibition, and religious
purposes
Whenever, after investigation, the Secretary
of the Interior shall determine that it is compatible with the preservation of the bald eagle
or the golden eagle to permit the taking, possession, and transportation of specimens thereof
for the scientific or exhibition purposes of public
museums, scientific societies, and zoological
parks, or for the religious purposes of Indian
tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife
or of agricultural or other interests in any particular locality, he may authorize the taking of
such eagles pursuant to regulations which he is
hereby authorized to prescribe: Provided, That
on request of the Governor of any State, the
Secretary of the Interior shall authorize the
taking of golden eagles for the purpose of seasonally protecting domesticated flocks and
herds in such State, in accordance with regulations established under the provisions of this
section, in such part or parts of such State and
for such periods as the Secretary determines to
be necessary to protect such interests: Provided
further, That bald eagles may not be taken for
any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of
the Interior: Provided further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking, possession, and transportation of golden eagles for the purposes of falconry, except that
only golden eagles which would be taken because of depredations on livestock or wildlife
may be taken for purposes of falconry: Provided
further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe,
may permit the taking of golden eagle nests
which interfere with resource development or
recovery operations.
(June 8, 1940, ch. 278, § 2, 54 Stat. 251; Pub. L.
87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535,
§ 2, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 95–616, § 9,
Nov. 8, 1979, 92 Stat. 3114.)
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–616 authorized taking of golden eagle
nests which interfere with resource development or recovery operations.
1972—Pub. L. 92–535 inserted proviso that the Secretary of the Interior may permit the taking, possession, and transportation of golden eagles for the purposes of falconry with exception that only golden eagles that cause depredations on livestock and wildlife
may be taken for falconry.
1962—Pub. L. 87–884 extended provisions of section to
the golden eagle, permitted the taking of specimens for

the religious purposes of Indian tribes and authorized
the taking of golden eagles for purpose of seasonally
protecting domesticated flocks and herds.
Executive Documents
POLICY CONCERNING DISTRIBUTION OF EAGLE FEATHERS
FOR NATIVE AMERICAN RELIGIOUS PURPOSES
Memorandum of President of the United States, Apr.
29, 1994, 59 F.R. 22953, provided:
Memorandum for the Heads of Executive Departments and Agencies
Eagle feathers hold a sacred place in Native American culture and religious practices. Because of the
feathers’ significance to Native American heritage and
consistent with due respect for the government-to-government relationship between the Federal and Native
American tribal governments, this Administration has
undertaken policy and procedural changes to facilitate
the collection and distribution of scarce eagle bodies
and parts for this purpose. This memorandum affirms
and formalizes executive branch policy to ensure that
progress begun on this important matter continues
across the executive branch.
Today, as part of an historic meeting with all federally recognized tribal governments, I am directing executive departments and agencies (hereafter collectively ‘‘agency’’ or ‘‘agencies’’) to work cooperatively
with tribal governments and to reexamine broadly
their practices and procedures to seek opportunities to
accommodate Native American religious practices to
the fullest extent under the law.
As part of these efforts, agencies shall take steps to
improve their collection and transfer of eagle carcasses
and eagle body parts (‘‘eagles’’) for Native American religious purposes. The success of this initiative requires
the participation, and is therefore the responsibility, of
all Federal land managing agencies, not just those
within the Department of the Interior. I therefore direct each agency responsible for managing Federal
lands to diligently and expeditiously recover salvageable eagles found on lands under their jurisdiction and
ensure that the eagles are promptly shipped to the National Eagle Repository (‘‘Repository’’). To assist agencies in this expanded effort, the Secretary of the Interior shall issue guidelines to all relevant agencies for
the proper shipment of eagles to the Repository. After
receiving these guidelines, agencies shall immediately
adopt policies, practices, and procedures necessary in
accordance with these guidelines to recover and transfer eagles to the Repository promptly.
I support and encourage the initial steps taken by the
Department of the Interior to improve the distribution
of eagles for Native American religious purposes. In
particular, the Department of the Interior shall continue to adopt policies and procedures and take those
actions necessary to:
(a) ensure the priority of distribution of eagles, upon
permit application, first for traditional Native American religious purposes, to the extent permitted by law,
and then to other uses;
(b) simplify the eagle permit application process
quickly and to the greatest extent possible to help
achieve the objectives of this memorandum;
(c) minimize the delay and ensure respect and dignity
in the process of distributing eagles for Native American religious purposes to the greatest extent possible;
(d) expand efforts to involve Native American tribes,
organizations, and individuals in the distribution process, both at the Repository and on tribal lands, consistent with applicable laws;
(e) review means to ensure that adequate refrigerated
storage space is available to process the eagles; and
(f) continue efforts to improve the Repository’s ability to facilitate the objectives of this memorandum.
The Department of the Interior shall be responsible
for coordinating any interagency efforts to address continuing executive branch actions necessary to achieve
the objectives of this memorandum.

§ 668b

TITLE 16—CONSERVATION

We must continue to be committed to greater intergovernmental communication and cooperation. In addition to working more closely with tribal governments,
we must enlist the assistance of, and cooperate with,
State and local governments to achieve the objectives
of this memorandum. I therefore request that the Department of the Interior work with State fish and game
agencies and other relevant State and local authorities
to facilitate the objectives of this memorandum.
With commitment and cooperation by all of the agencies in the executive branch and with tribal governments, I am confident that we will be able to accomplish meaningful progress in the distribution of eagles
for Native American religious purposes.
The Director of the Office of Management and Budget
is authorized and directed to publish this memorandum
in the Federal Register.
WILLIAM J. CLINTON.

§ 668b. Enforcement provisions

Page 1154

feitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this subchapter, insofar
as such provisions of law are applicable and not
inconsistent with the provisions of this subchapter: Provided, 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 subchapter, be exercised or performed by the Secretary of the Interior or by such persons as he
may designate.
(June 8, 1940, ch. 278, § 3, 54 Stat. 251; Pub. L.
90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat.
1118; Pub. L. 92–535, § 3, Oct. 23, 1972, 86 Stat. 1065;
Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104
Stat. 5117.)

(a) Arrest; search; issuance and execution of
warrants and process
Any employee of the Department of the Interior authorized by the Secretary of the Interior
to enforce the provisions of this subchapter
may, without warrant, arrest any person committing in his presence or view a violation of
this subchapter or of any permit or regulations
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 subchapter;
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 subchapter, and
by said agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this subchapter. 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.
(b) Forfeiture
All bald or golden eagles, or parts, nests, or
eggs thereof, taken, possessed, sold, purchased,
bartered, offered for sale, purchase, or barter,
transported, exported, or imported contrary to
the provisions of this subchapter, or of any permit or regulation issued hereunder, and all guns,
traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation
used to aid in the taking, possessing, selling,
purchasing, bartering, offering for sale, purchase, or barter, transporting, exporting, or importing of any bird, or part, nest, or egg thereof,
in violation of this subchapter or of any permit
or regulation issued hereunder shall be subject
to forfeiture to the United States.
(c) 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 for-

Editorial Notes
AMENDMENTS
1972—Pub. L. 92–535 substituted provisions relating to
enforcement of this subchapter including arrest, without warrant, issuance and execution of warrants and
process, search, forfeiture, and applicability of certain
customs laws, for provisions incorporating provisions
of section 706 in haec verba.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ in subsec. (a) pursuant to
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 for ‘‘United States commissioner’’ in subsec.
(a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et
seq.) of Title 28.
Executive Documents
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with this subchapter with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector
for Alaska Natural Gas Transportation System, until
first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix
to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 668c. Definitions
As used in this subchapter ‘‘whoever’’ includes
also associations, partnerships, and corporations; ‘‘take’’ includes also pursue, shoot, shoot
at, poison, wound, kill, capture, trap, collect,
molest or disturb; ‘‘transport’’ includes also
ship, convey, carry, or transport by any means
whatever, and deliver or receive or cause to be

Page 1155

TITLE 16—CONSERVATION

delivered or received for such shipment, conveyance, carriage, or transportation.
(June 8, 1940, ch. 278, § 4, 54 Stat. 251; Pub. L.
92–535, § 4, Oct. 23, 1972, 86 Stat. 1065.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–535 substituted ‘‘poison, wound, kill,
capture, trap, collect, molest’’ for ‘‘wound, kill, capture, trap, collect, or otherwise willfully molest’’.

§ 668d. Availability of appropriations for Migratory Bird Treaty Act
Moneys now or hereafter available to the Secretary of the Interior for the administration and
enforcement of the Migratory Bird Treaty Act
of July 3, 1918 [16 U.S.C. 703 et seq.], shall be
equally available for the administration and enforcement of this subchapter.
(June 8, 1940, ch. 278, § 5, 54 Stat. 251.)
Editorial Notes
REFERENCES IN TEXT
The Migratory Bird Treaty Act, referred to in text, is
act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which
is classified generally to subchapter II (§ 703 et seq.) of
chapter 7 of this title. For complete classification of
this Act to the Code, see section 710 of this title and
Tables.

SUBCHAPTER III—ENDANGERED SPECIES
OF FISH AND WILDLIFE
§§ 668aa to 668cc–6. Repealed. Pub. L. 93–205, § 14,
Dec. 28, 1973, 87 Stat. 903
The provisions of sections 668aa to 668cc–6, which,
pursuant to section 12(d) of Pub. L. 91–135, Dec. 5, 1969,
83 Stat. 283, were known as the ‘‘Endangered Species
Conservation Act of 1969’’, are covered by section 1531
et seq. of this title.
Section 668aa, Pub. L. 89–669, § 1, Oct. 15, 1966, 80 Stat.
926; Pub. L. 91–135, § 12(a), (e), Dec. 5, 1969, 83 Stat. 282,
283, set out the Congressional findings, declaration of
policy, and statement of purposes in seeking the protection of endangered species of fish and wildlife.
Section 668bb, Pub. L. 89–669, § 2, Oct. 15, 1966, 80 Stat.
926; Pub. L. 91–135, § 12(b), (c), Dec. 5, 1969, 83 Stat. 282,
set out the powers and duties of the Secretary of the
Interior in carrying out the mandate of the Endangered
Species Conservation Act of 1969.
Section 668cc, Pub. L. 89–669, § 3, Oct. 15, 1966, 80 Stat.
927, covered the Secretary’s duty to cooperate with the
States, area administration, management agreements,
and disposition of revenues.
Section 668cc–1, Pub. L. 91–135, § 1, Dec. 5, 1969, 83
Stat. 275, defined ‘‘Secretary’’, ‘‘fish or wildlife’’,
‘‘United States’’, and ‘‘person’’.
Section 668cc–2, Pub. L. 91–135, § 2, Dec. 5, 1969, 83
Stat. 275, covered importation of endangered species
and set out civil and criminal penalties by reference to
provisions of section 668cc–4 of this title.
Section 668cc–3, Pub. L. 91–135, § 3, Dec. 5, 1969, 83
Stat. 275, provided for determination by the Secretary
of the species threatened with extinction, methods to
be used and factors determinative of Secretary’s determination, and rule making procedures to be used.
Section 668cc–4, Pub. L. 91–135, § 4, Dec. 5, 1969, 83
Stat. 276, set out penalties for violation of sections
668cc–2 and 668cc–3 of this title and provisions for their
enforcement.
Section 668cc–5, Pub. L. 91–135, § 5, Dec. 5, 1969, 83
Stat. 278, covered international agreements for fish and
wildlife preservation.

§ 668dd

Section 668cc–6, Pub. L. 91–135, § 6, Dec. 5, 1969, 83
Stat. 278, called for coordination of administration of
provisions relating to endangered species of fish and
wildlife with animal quarantine and tariff laws, and
provided for non-impairment of functions of Secretaries of Agriculture and Treasury under agriculture
and tariff laws, including imports.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 28, 1973, see section 16 of Pub. L.
93–205, set out as an Effective Date note under section
1531 of this title.

§ 668dd. National Wildlife Refuge System
(a) Designation; administration; continuance of
resources-management-programs for refuge
lands in Alaska; disposal of acquired lands;
proceeds
(1) For the purpose of consolidating the authorities relating to the various categories of
areas that are administered by the Secretary for
the conservation of fish and wildlife, including
species that are threatened with extinction, all
lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas
for the protection and conservation of fish and
wildlife that are threatened with extinction,
wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are
hereby designated as the ‘‘National Wildlife Refuge System’’ (referred to herein as the ‘‘System’’), which shall be subject to the provisions
of this section, and shall be administered by the
Secretary through the United States Fish and
Wildlife Service. With respect to refuge lands in
the State of Alaska, those programs relating to
the management of resources for which any
other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United
States Fish and Wildlife Service, as long as such
agency agrees to exercise such responsibility.
(2) The mission of the System is to administer
a national network of lands and waters for the
conservation, management, and where appropriate, restoration of the fish, wildlife, and plant
resources and their habitats within the United
States for the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy
of the United States that—
(A) each refuge shall be managed to fulfill
the mission of the System, as well as the specific purposes for which that refuge was established;
(B) compatible wildlife-dependent recreation
is a legitimate and appropriate general public
use of the System, directly related to the mission of the System and the purposes of many
refuges, and which generally fosters refuge
management and through which the American
public can develop an appreciation for fish and
wildlife;
(C)
compatible
wildlife-dependent
recreational uses are the priority general public
uses of the System and shall receive priority
consideration in refuge planning and management; and