Fish and Wildlife Act of 1956, as amended (16 U.S.C. § 742a)

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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Repealed.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 Repealed.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.