Fish and Wildlife Act of 1956

70 S T A T . ]

P U B U C LAW 1024-AUG. 8, 1956

Public Law 1024

1110

CHAPTER 1036
AN ACT

To establish a sound a n d comprehensive national policy with respect to fish and
wildlife; to strengthen t h e fish and wildlife segments of t h e national economy;
to establish within t h e D e p a r t m e n t of the Interior t h e position of Assistant
Secretary for Fish and Wildlife; to establish a United States Fish and Wildlife Service; and for other purposes.

August 8, 195(1
[S. 3275]

Be it enacted hy the Senate and House of Representatwes of the
United States of America in Congress assembled, That this Act may ^f^ ^/c^
be cited as the "Fish and Wildlife Act of 1956".
DECLARATION OF POOCY

SEC. 2. The Congress hereby declares that the fish, shellfish, and
wildlife resources of the Nation make a material contribution to our
national economy and food supply, as well as a material contribution
to the health, recreation, and well-being of our citizens; that such
resources are a living, renewable form of national wealth that is capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely
exploited; that such resources afford outdoor recreation throughout
the Nation and provide employment, directly or indirectly, to a substantial number of citizens; that the fishing industries strengthen the
defense of the United States through the provision of a trained seafaring citizenry and action-ready fleets of seaworthy vessels; that the
training and sport afforded by fish and wildlife resources strengthen
the national defense by contributing to the general health and physical
fitness of millions of citizens; and that properly developed, such fish
and wildlife resources are capable of steadily increasing these valuable contributions to the life of the Nation.
The Congress further declares that the fishing industry, in its several
branches, can prosper and thus fulfill its proper function in national
life only if certain fundamental needs are satisfied by means that are
consistent with the public interest and in accord with constitutional
functions of governments. Among these needs are:
(1) Freedom of enterprise—freedom to develop new areas, methods,
products, and markets in accordance with sound economic principles,
as well as freedom from unnecessary administrative or legal restrictions that unreasonably conflict with or ignore economic needs;
(2) Protection of opportunity—maintenance of an economic atmosphere in which domestic production and processing can prosper; protection from subsidized competing products; protection of opportunity
to fish on the high seas in accordance with international law;
(3) Assistance—assistance consistent with that provided by the
Government for industry generally, such as is involved in promoting
good industrial relations, fair trade standards, harmonious labor relations, better health standards and sanitation; and including, but
not limited to—
(a) services to provide current information on production and
trade, market promotion and development, and an extension
service,
(b) research services for economic and technologic development
and resource conservation, and
(c) resource management to assure the maximum sustainable
production for the fisheries.
The Congress further declares that the provisions of this Act are
necessary in order to accomplish the objective of proper resource
development, and that this Act shall be administered with due regard
to the inherent right of every citizen and resident of the United States

^igse'^

1120

PUBLIC LAW 1024-AUG. 8, 1956

[70 S T A T .

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.
REORGANIZATION W I T H I N
Assistant
r e t a r y for
and Wildlife;
m i s s i o n e r of
and Wildlife.

Sec*
Fish
ComFish

U. S. F i s h and
Wildlife s e r v i c e .

D l s t r i b u t i o n of
duties, etc.

A d m i n i strative
procedures.

T H E D E P A R T 3 I E N T OF T H E

INTERIOR

SEC. 3. (a) There is hereby established within the Department of the
Interior the position of Assistant Secretary for Fish and Wildlife, and
the position of Commissioner of 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. The Commissioner shall be appointed
by the President by and with the advice and consent of the Senate.
He shall receive compensation at the same rate as that provided for
Grade GS-18. There is also established a United States Fish and
Wildlife Service within the Department, consisting of two separate
agencies, each of which shall have the status of a Federal bureau.
There shall be a Director of each of said Bureaus appointed by the
Secretary at Grades GS-17 each. One of the agencies shall be known
as the "Bureau of Commercial Fisheries" and the other agency shall
be known as the "Bureau of Sport Fisheries and Wildlife". The
United States Fish and Wildlife Service, except as prescribed by this
Act, shall succeed to and replace the presently existing Fish and Wildlife Service of the Department.
(b) The functions of the United States Fish and Wildlife Service
hereby established shall be administered under the supervision of the
said Commissioner of Fish and Wildlife, who shall be subject to the
supervision of the Assistant Secretary for Fish and Wildlife.
(c) 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.
(d) I n order to make a proper distribution between the two Bureaus
of the United States Fish and Wildlife Service established by this Act,
the previously existing functions, powers, duties, authority, liabilities,
commitments, personnel, records, and other properties or matters previously handled by or administered through the former Fish and
Wildlife Service of the Department, shall be distributed as follows:
(1) The Bureau of Commercial Fisheries shall be responsible for
those matters to which this Act applies relating primarily to commercial fisheries, whales, seals, and sea-lions, and related iriatters;
(2) The Bureau of Sport Fisheries and Wildlife shall be responsible for those matters to which this Act applies relating primarily to
migratory birds, game management, wildlife refuges, sport fisheries,
sea mammals (except whales, seals and sea-lions), and related matters;
and the funds and allocations, appropriated or otherwise, relating to
the matters covered by paragraphs (1) and (2) of this subsection shall
be distributed between such Bureaus as the Secretary of the Interior
shall determine.
(e) Except as changed by the terms of this Act or by subsequent
laws or regulations, all laws and regulations now in effect relating to
matters heretofore administered by the Department of the Interior
through the former Fish and Wildlife Service as heretofore existing,
shall remain in effect.
(f) I n recognition of the need for authority to execute the purposes
of this Act effectively, the Secretary of the Interior shall exercise such

70

STAT.]

PUBLIC LAW 1024-AUG. 8, 1956

1121

general administrative authority consistently with the terms of this
Act as he shall find to be necessary to carry out the provisions of this
Act effectively and in the public interest. I n order to allow sufficient nouce in *FRV°'* **'
time to place the reorganizations under this Act into effect, the Secretary is authorized to establish an effective procedure and date of such
reorganizations, notice of which shall be published in the Federal
Register. Such reorganization shall be accomplished as soon as practicable after the approval of this Act, but not later than ninety (90)
calendar days after such approval.
LOAN PROCEDURES

SEC. 4. (a) The Secretary is authorized under rules and regulations
and under terms and conditions prescribed by him, to make loans for
financing and refinancing of operations, maintenance, replacement,
repair, and equipment of fishing gear and vessels, and for research into
the basic problems of fisheries.
(b) 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 3 per centum per annum;
(2) Mature in not more than ten 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.
(c) There is hereby created a fisheries loan fund, which shall be
used by the Secretary as a revolving fund to make loans for financing
and ](vfinancing under this section. Any funds received by the Secretary nn or before June 30, 1965, 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 so received
after June 30, 1965, and any balance remaining in the fund at the
close of June 30, 1965 (at which time the fund shall cease to exist),
shall be covered into the Treasury as miscellaneous receipts. There
are hereby authorized to be appropriated to the fund the sum of
$10,000,000 to provide initial capital.
(d) 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.
INVESTIGATIONS, I N F O R M A T I O N , REPORTS

SEC. 5. (a) The Secretary shall conduct continuing investigations,
prepare and disseminate information, and make periodical reports to
the public, tg the President, and to Congress, with respect to the following matters:
(1) The production and fiow 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;
69225 O - 57 - 75 ( V o l . 70)

1122

PUBUC LAW 1024-AUG. 8, 1956

[70 S T A T .

(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.
T R A N S F E R OF F U N C T I O N S

ASSISTANCE OF OTHER A G E N C I E S

SEC. 6. (a) 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 Bureau of the Budget to relate primarily to the development, advancement, management, conservation, and protection of
commercial fisheries; but nothing in this section shall be construed
to modify the authority of the Department of State or the Secretary
of State to negotiate or enter into any international agreements, or
conventions with respect to the development, management, or protection of any fisheries and wildlife resources or with respect to international commissions operating under conventions to which the United
States is a party.
(b) 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 Bureau of the 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) 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.
POLICIES, PROCEDURES, RECOMMENDATIONS

SEC. 7. (a) The Secretary of the Interior, with such advice and
assistance as he may require from the Assistant Secretary for Fish and
Wildlife, shall consider and determine the policies and procedures that
are necessary and desirable in carrying out efficiently and in the public
interest the laws relating to fish and wildlife. The Secretary, with the
assistance of the departmental staff herein authorized, shall—
(1) develop and recommend measures which are appropriate
to assure the maximum sustainable production of fish and fishery
products and to prevent unnecessary and excessive fluctuations
in such production;
(2) study the economic condition of the industry, and whenever he determines that any segment of the domestic fisheries has
been seriously disturbed either by wide fluctuation in the abundance of the resource supporting it, or by unstable market or fishing conditions or due to an^^ 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 prospec: tive or actual surplus of such products;

70 S T A T . ]

PUBLIC LAW 1024-AUG. 8, 1956

112a

(4) take such steps as may be required for the development,
advancement, management, conservation, and protection of the
fisheries resources; and
(5) take such steps as may be required for the development,
management, advancement, conservation, and protection of wildlife resources through research, acquisition of refuge lands, development of existing facilities, and other means.
STATE D E P A R T M E N T

COOPERATION

SEC. 8. (a) 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) The Secretary of State and all oth^r officials having responsibilities in the fields of technical and economic aid to foreign nations
shall consult with the Secretary in all cases in which the interests of
fish and wildlife are involved, with a view to assuring that such interests are adequately represented at all times.
(c) Notwithstanding any other provision of law, the Secretary
shall be represented in all international negotiations conducted by the
United States pursuant to section 350 of the Tariff Act of 1930, as
amended, in any case in which fish products are directly affected by
such negotiations.
(d) 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.

*| sm. 943.

REPORTS ON ACTIVITIES AND I M P O R T S

SEC. 9. (a) The Secretary of the Interior shall make an annual grfssf"'* toconreport to the Congress with respect to activities of the United States
Fish and Wildlife Service under this Act, and shall make such recommendations for additional legislation as he deems necessary.
(b) The Secretary is authorized to make a report to the President
and the Congress, and, when requested by the United States Tariff
Commission in connection with section 7 of the Trade Agreements
Extension Act of 1951, as amended (67 Stat. 72, 74), or when an f§ us'c 73^64
investigation is made under the Tariff Act of 1930 (19 U. S. C. 1332),
" c
.
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.

1124

PUBLIC LAW 1025-AUG. 8, 1956
•MH,.Tfi:

f!

^

[70 S T A T .

THE RIGHTS OF STATES

SEC. 10. Nothing in this Act shall be construed (1) to interfere in
any manner with the rights of any State under the Submerged Lands
Act (Public Law 31, Eighty-third Congress) 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.

67 Stat. 29.

AUTHORIZATION FOR APPROPRIATION

SEC. 11. There are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act.
SEC. 12. (a) The authorization for the transfer of certain funds from
the Secretary of Agriculture to the Secretary of the Interior and their
maintenance in a separate fund as contained in section 2 (a) of the
15 use 713C-3. Act of August 11,1939, as amended July 1,1954 (68 Stat. 376), sh^U
be continued for the year ending June 30, 1957, and each year thereafter.
(b) Subsection (e) of section 2 of the aforesaid Act of August 11,
1939, as amended, is hereby amended to read as follows:
"(e) The separate fund created for the use of the Secretary of the
Interior under section 2 (a) of this Act and the annual accruals thereto
shall be available for each year hereafter imtil expended by the Secretary."
Approved August 8, 1956.
Public Law 1025
A

» « .Q.;«

August 8, 1956
[H. R. 11911]

AN ACT
rpo authorize negotiations with respect to a compact to provide for a definition
or relocation of t h e common boundary between Arizona and California, a n d
for t h e appointment by t h e President of a F e d e r a l representative to the
compact negotiations.

Be it enacted hy the Senate and House of Representatwes of the
United States of America in Congress a^senibled^ That the consent
' of Congress is hereby given to the States of Arizona and California to
°"' negotiate and enter into a compact with respect to the definition or
relocation of the common boundary of said States.
SEC. 2. Such consent is given upon the following conditions:
(1) A representative of the United States, not a resident of either
Arizona or California, shall be appointed by the President of the
United States; such representative shall participate in such negotiations and shall make a report to the President and to the Congress of
the proceedings and of any compact entered into; and
(2) Such compact shall not be binding or obligatory upon either
of such States unless and until it has been ratified by the legislature
of each of such State and consented to by the Congress of the United
States.
SEC. 3. The right to alter, amend, or repeal this Act is hereby
expressly reserved.
Approved August 8, 1956.

Arizona-Call
fomia b o u n d a r y

coin>act.
gresr.'"" °

CHAPTER 1037