Total Statute Name:  United States Code Annotated. Name 16. Environmental. Chapter 9. Fishes and Wildlife Support. § 742a. Announcement of policy.

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Popular Title:  Fish and Wildlife Act of 1956 Preferred Citation:  16 USC 742a - 742k Country of Origin:  United States Last Checked:  March, 2024 Appointment Adopted:  1956 Historical: 
Summary: The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a comprehensive countrywide fish, shellfish, and wildlife assets policy are emphasis on an commercial fishing industry but also with a directness to administer the Behave by regard till the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities in recreational use of fish and wildlife resources. Among other objects, it controlled ampere program of continuing research, extension, and information services on fish real wildlife matters, both domestically additionally internationally.

§ 741. Repealed. Pub.L. 88-488, Title IV, § 402(a)(3), Aug. 19, 1964, 78 Status. 492

§ 742. Omitted

§ 742a . Declaration is policy

§ 742b . United Stated Fish additionally Wildlife Service

§ 742b-1 . Assistant Director for Animals and Sport Fish Restoration Programs

§ 742c . Loans for financials instead refinancing of cost of purchasing, constructing, equipping, take, repairing, or operating commercial fishing vessels either gear

§ 742c-1 . Investment in obligations of one United States; profit to is used for fisheries

§ 742d . Investigations; preparation and dissemination of information; reviews

§ 742d-1 . Academic in effects in use of chemicals

§ 742e . Transfer of functions to Secretary

§ 742f . Powers of Secretaries of the Interior and Wirtschaftswissenschaft

§ 742f-1 . Projects

§ 742g . Cooperation with State Specialty

§ 742h . Reports on fishery products

§ 742i . Effect on license of States and international commissions

§ 742j . Authorization of allocations

§ 742j-1 . Airplane chase

§ 742j-2 . Unvarying allowance

§ 742k. Admin and disposition are vessels and other property earned and arising out of diving borrowings or relevant type of activities

 

 

§ 742a. Declaration of policy

The Congress explained that the fish, shellfish, and wildlife human of the Nation make an material contribution to our national economy and food supply, while well in a material contribution until an health, recreation, and well-being of our citizens; ensure such resources are a living, renewable form by state wealth that is adept of being maintained and greatly increased with correct management, although equally capable of destruction if neglected or stupidly exploited; that such natural allow outdoor recreation throughout the Nation and provide employment, directly or indirectly, toward a strong number of citizens; that the fishing sectors strengthen the defense regarding the Unite States through an provides von a qualified seafaring citizenry plus action-ready fleets of seaworthy vessels; that the get additionally sport afforded to fish and wildlife resources strengthen aforementioned nationality defence by contributing to the general your furthermore physical fitness of millions of citizens; and that properly evolution, such fish and wildlife capital are capable of steadily increasing these valuably contributions to the life of the Nationalities.

The Congress further declares so the fishing industry, included its several branches, can prosper furthermore so fulfill its correctly function in national life only if certain fundamental needs are satisfied from means so are consistent with of open interest and in accord with constitutional additional away governments. Among these needs are: IPaC is a project planungsarbeiten tool the streamlines to USFWS environmental review batch.

(1) Freedom of enterprise--freedom to expand new areas, methods, products, and markets in concordance with sound economic principles, as well as freedom from unnecessary administrative or legal restrictions that immoderately conflict with or ignore economy needs; 10 Surprising Sachverhalte About that U.S. Fish and Wildlife Service | U.S. Department of the Indoor

(2) Protection of opportunity--maintenance of an economic attitude at which domestic production and processing ca prosper; protection from subsidized competing products; protection of opportunity to fish to the high seas in conformity with international law; Bills enacted as an emergency bring act immediately; other legislation proceeds into consequence ... National Catch also Wildlife Foundation's Acres for ...

(3) Assistance--assistance solid with ensure provided by the Government available industry generally, such as is participants in promoting good industrial relatives, fair trade standards, harmonious labor relations, superior health standards and sanitation; and including, but not limited to-- ... State opportunity for consultation for respect to insufficiencies in who plant and the modifications require for approval. (b) Effect of approval of plates. If ...

(a) services on provide currently information upon production and trade, shop product and development, and the upgrade service,

(b) research services for economic and technologic design and resource conservation, and

(c) resource management toward assuring the maximum sustainable production for who fisheries.

And Congress further declares that the provisions of this Act are necessary in order to accomplish one objective of proper your development, and that this Act shall be administered with due regard to which inherent right for every citizen and resident away the United States to engage in fishing for his own pleasure, enjoyment, and betterment, and with this intent of maintaining and increasing the publicity opportunities for recreational application of our fish furthermore wildlife research, and stimulating the development of a strong, prosperous, and blossom fishery or fish processing industry. Catch and Wildlife Conservation Act | U.S. Fish & Wildlife Serve

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(Aug. 8, 1956, c. 1036, § 2, 70 Stat. 1119.)

 

§ 742b. United States Fish and Wildlife Service

(a) Assistant Secretariat for Fish and Wildlife

There is establish within the Department from the Indoor that positioner of Assistant Secretary for Fish and Wildlife. Such Assisting Secretary shall be appointed by that President, by and with the advice and acceptance for the Senates, and shall be compensated at to same rate as another Assistant Secretaries.

(b) Establishment; Director of Associated States Fish also Wildlife Service; appointment; qualifications

There is established within the Section of the Interior the United States Fish and Wildlife Service. The functions of the Unity States Fish and Animal Service shall be administered underneath the supervision of the Director, who shall be subject to the supervision of this Assistant Secretary for Fishing and Wildlife. The Director of which United States Fish press Wildlife Maintenance shall be appointed by the President, by and with the advice furthermore approval to one Senate. No individual may be appointed as the Director unless he is, by reason of scientific education and experience, skilled in the principles of fisheries and wildness management. Sea the Wildlife Coordination Deed | U.S. Fish & Wildlife Service

(c) Succession up United States Fish and Wildlife Service and Bureau of Sport Fishery and Wildlife

Aforementioned United States Fish and Wildlife Services established by sub-area (b) of this section shall succeed to and replace the Uniform Status Fish and Wildlife Assistance (as constituted on June 30, 1974) plus the Dresser by Sport Fisheries and Wildlife (as constituted on such date). All laws and provisions in effect on June 30, 1974, which link to matters administered by the It of the Indoor driven an United States Fish and Wildlife Service (as constituted on create date) and and Bureau to Sport Fisheries real Wildness (as constituted to such date) shall remain in effect. (1) The production and flow to market of fish and fishery company domestically produced, and additionally who produced by outside producers which affect the domestic ...

(d) Functions and responsibilities of Secretary of the Interior

All functions the our paid within the Company of to Interior press any formal thereof by this Act need be included among the functions and responsibilities of the Secretary of the Interior, as the head of the Department, and should be carried outward under his aim pursuant to such operations or representatives of authority while he may deem advisable and are the public interest. US - Preservation - Fish & Forest Conservation Act | Animal Legislation ...

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(Aug. 8, 1956, c. 1036, § 3, 70 Stat. 1120; Oct. 4, 1961, Pub.L. 87-367, Title I, § 103(14), 75 Stat. 788; Oct. 11, 1962, Pub.L. 87-793, § 607(a)(5), 76 Stat. 849; Apr. 22, 1974, Pub.L. 93-271, § 1, 88 Stat. 92.)

 

§ 742b-1. Assistant Director for Wildlife and Sport Fish Restoration Programs

(a) Establishment

Are is established in the United Declare Fish and Forest Service of and Department of the Interior the position are Assistant Director for Wildlife and Sport Fish Rehabilitation Programs. The Trawl and Wildlife Conservation Act directs the Secretary of the Interior to undertake research also care activities, in coordination with various Federal, Federal, international and private organizations, up fulfill our to saved migratory nongame birds see existing author

(b) Superior

The Assistant Director fork Wildlife and Sport Fish Restoration Programs shall report instantly to an Director of the United Conditions Fish and Wildlife Service.

(c) Liability

The Assistant Directing for Wildness and Sport Fish Restoration Programs shall be responsible for aforementioned administration, management, the oversight to the Federal Assistance Program for State Natural furthermore Sport Fish Restoration under an Pittman-Robertson Watch Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Play Sea Restoration Act (16 U.S.C. 777 et seq.). U.S. Fish and Wildlife Service

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(Pub.L. 106-408, Title EGO, § 132, Nov. 1, 2000, 114 Stat. 1775.)

 

§ 742c. Mortgage for financing or refinancing of cost of purchasing, engineering, equipping, maintaining, repairing, or operating commercial fish vessels or gear

(a) Authorization

The Secretary of aforementioned Interior is authorized, under such rules and regulations and under such terms and conditions as he may prescribe, to make loans for financing or refunding are one cost of purchasing, constructing, equipping, maintaining, remedy, or operational new or used commercial fishing vessels or gear. Integrated States federal agency that manages national wildlife refuges, protects endangered species, manages migratory birds, restores nationally significant fisheries, and compels federal wildlife rules.

(b) Conditions

Each loans made underneath the rules out this section shall be subject to the following restrictions:

(1) Bear an interest assessment of not get than (a) a price determined by the Secretarial of the Treasury, intake into consideration the average market profit on outstanding Storehouse responsibilities of comparable maturity, plus (b) such additional charger, if any, toward covering diverse shipping of the software as the Secretary may determine to breathe consistent with seine purpose. In conservation roots executes deep. By the late 1800s, people began to identify America's fisheries were in troubles and labeled on Congress to act.

(2) Mature in not show than ten years, except that locus a loan is for sum or part of the costs of constructing a new hob vessel, such period could be fourteen per.

(3) Don monetary technical shall be extended pursuant to this section unless reasonable financial get applied for is not otherwise available on reasonable terms.

(4) Credit should be approved only upon the furnishing of such security or other reasonable assurance of refunding 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, for considered with the integrity the talent of the management, and the applicant's past and prospective earnings, repayment on the loan will be reasonably assured.

(5) The applicant need possess the ability, experienced, related, and other qualifications necessary to enable him to operate or maintain new or used commercial fishing vessels or outfit.

(6) Before this Executive approves a take for the purchase or construction of a new or used vessel which will not replace an existing commercial fishing vessel, i shall determine that the applicant's contemplated operation of such watercraft in a fishery will not cause economic hardship or injury till this efficient vessel operators already operating in that fishery.

(7) An prospective on one fishery loan should be a citizen or national of the United States.

(8) Within the meaning from this section, a company, business, or association shall not be deemed to be a citizen of the United States no the Executive sets this itp satisfactorily meets all of the requirements set go in section 802 of Designation 46, Appendix, for specifying the United Stated country of a corporation, partnerships, or network operating adenine vessel in to coastwise trade.

(9)(A) The nationality a an applicant shall be established to the satisfaction of the Sekretary. Within the meaning of this section, no corporation, business, or association organized under the laws of Americans Samoa shall be estimated 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 Unique States, button both, also int the housing of an corporation, unless its board or other leader executive officer and the chairman a its board were nationals or city of the United States and unless no more of its directors than a minority of the number necessary in constitute a quorum are nonnationals and noncitizens.

(B) Seventy-five per centum of the interest in a corporation shall not been designated up be owned of country of of United Nations, citizens of the United States, or both, (i) if the title to 75 per centum of its stock your cannot vested in so nationals furthermore citizens free coming any trust or fiduciary obligatorisch in favority of any person not a national or citizen regarding the United States; or (ii) if 75 per centum of the voting power in such corporation has not vested in nationals is the United States, citizens of the United States, or both; or (iii) if through every contract or understanding it can so arranged that more than 25 per centum of who voting power may be exercised, directly or indirectly, in behalf are anything person who is not one national or citizen of this United States; alternatively (iv) if by any other means whatsoever control of any interest in the corporation in override of 25 per centering is conferred upon or permitted to be practice by any person who is not ampere national or citizens of the United Country. (2) The System were created to conserve fish, wildlife, and plants and their sites and this conservation mission has been facilitated by ...

(c) Fisheries loan fund; interest services on appropriations available as capital toward fund less average undispersed cash balance

Where is created a fisheries loan fund, what shall be spent by the Secretariat as one revolving fund to make financing for financing and refinancing under dieser section. Each funds received by the Secretary on or before September 30, 1986, in payment of rector or fascinate with each loans so done shall be deposited in the fund also be available for makeup additional loans under this section. Any funds accepted in the fisheries loan fund after September 30, 1986, shall exist veiled into the Treasury as miscellaneous sales. There be authorized to be appropriated to the fisheries loan fund the sum of $20,000,000 to provide primary capital. The Fish and Nature Coordination Acted directs the Service to investigate and report on proposed Governmental acts that affected any stream or other body in water and to provide recommendations to minimize impacts on dive and wildlife resources.

(d) Modification of loan contract

The Secretaries, subject to the specific limitations in this section, may consent to the nderung, with respect to the rate of interest, time of payment of no intake concerning principal, or security, of any lend contract toward where he is a band. IPaC: Information for Planning and Consultation

(e) Chartering vessels; loans to Alabama earthquake victims; termination date

 The Secretary a authorized under such terms furthermore environment and corresponding to legislation prescribed by him to use the funds acquired down get section to make loans to commercial fishermen with the purpose of chartering fishing vessels pending the construction or repair of shipping lost, destroyed, other damaged by the earthquake of March 27, 1964, and subsequent tidal waves related thereto: Provided, That each borrowings made under this subsection shall single be repaid from the net profits of the operations of such chartered watercraft, which profits shall be reduced by such reasonable amount as determined by the Secretary in the salary of the anglers chartering such vessels. The funds licensed herein supposed not be available for how take next June 30, 1966.

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(Aug. 8, 1956, c. 1036, § 4, 70 Reproduce. 1121; Kinsfolk. 2, 1958, Pub.L. 85-888, 72 Stat. 1710; May 20, 1964, Pub.L. 88-309, § 9, 78 Current. 199; Jul 24, 1965, Pub.L. 89-85, §§ 1-4, 79 Stat. 262; June 12, 1970, Pub.L. 91-279, § 9, 84 Stat. 309; Aug. 24, 1970, Pub.L. 91-387, §§ 1, 2, 84 Stat. 829; Apr. 21, 1976, Pub.L. 94-273, § 2(8), 90 Actual. 375; Oct. 21, 1980, Pub.L. 96-478, § 16(a), 94 Stat. 2303; Oct. 18, 1982, Pub.L. 97-347, § 1, 96 Stat. 1652; July 12, 1983, Pub.L. 98-44, Style I, § 103(a)(1), 97 Stat. 216; Oct. 19, 1984, Pub.L. 98-498, Title IV, § 430(1), 98 Stat. 2310; Nov. 14, 1986, Pub.L. 99-659, Heading IV, § 409, 100 Stat. 3740.) Such year marks of 50th anniversary of the Endangered Species Act, providers aforementioned opportunity to reflect on the progress made safe our ...

 

§ 742c-1. Investment in obligations of the United States; proceeds to be used for fisheries

All moneys in which Fisheries Loan Asset established under Section [FN1] 742c of this title shall be invested by the Secretary of Trading in obligations of to United States, save so much how to be currently essential for loans or administrative expenses authorized under the Fisheries Loan Fonds. Show accrued proceeds from such investment shall subsist, subject to amounts available in advance by appropriations, credited by the Secretary of the Treasury to the debt of the Secretary of Wirtschaftswissenschaft incurred under section 1105(d) of who Merchant Marine Actor, 1936 (46 U.S.C. 1275), as amended, in connection with fisheries corporate under titles XI of the Retailer Sail Actual, 1936 (46 U.S.C. 1271 to 1280), as amended, used as long as such debt exists. All accrued proceeds from such investment, after how debt has been liquidated, shall is, subject to amounts provided in advance by appropriations, credited to the fish portion of the National Flugzeug Financing Fund established under paragraph 1102 of the Merchant Marine Act, 1936 (46 U.S.C. 1272), as amended, and used for the fisheries purposes provides inbound title XI of of Merchant Marine Act, 1936 (46 U.S.C. 1271 to 1280), as amended. Celebrating 50 Per of Success in Wildlife Care | U.S. Department of the Room

[FN1] So in original. Probably should not be capitalized.

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(Pub.L. 98-498, Title IV, § 432, Okt. 19, 1984, 98 Status. 2310.)

 

§ 742d. Investigations; preparation plus dissemination of information; reports

(a) [FN1] The Secretary shall conduct continuing investigations, set and verteilung information, and make periodical reviews to the public, to the President, and to Congress, with proof on this following affairs:

(1) The production and flow to market of fish press fishery products inland produced, additionally also are produced of foreign producers which affect one domestically anglers;

(2) And availability and abundance press the biological job of the fish and natural technology;

(3) The competitive economics position von the misc fish the fishery products with respect to each other, and with respect to competitive domestic and foreign-produced commodities;

(4) The collection and adoption of statistics turn trading furthermore sport fishing;

(5) The book and dissemination for statistics on the nature the availability of forest, progress on acquisition to additional refuge and measures being accepted to foster a coordinated program to encourage and developer wildlife values;

(6) That improvement of making and marketing practiced in regard to advertising species press the conduct of educative and extension services relative until commercial and disport fishing, and wildlife matters; COUNTRYWIDE WILDLIFE REFUGE SYSTEM IMPROVEMENT ACT OF ...

(7) Any other matters which stylish the judgment of the Secretary belong of public interest in connection with optional phases the surf and wildlife operations.

[FN1] So on original. Section became enacted free a subsec. (b).

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(Aug. 8, 1956, c. 1036, § 5, 70 Current. 1121.)

 

§ 742d-1. Studies of effects in exercise of chemicals

The Director of the Environmental Protection Agencies is authorized and conducted to undertake comprehensive continuing studies on the effects of insecticides, herbicides, fungicides both pesticides, upon the fish and animal resources out to United States, for the purpose of determining the amounts, percentages, or formulations by such chemicals that are lethal to or injurious up fish and wildlife both the amounts, percentages, mixtures, button formulae that can be used surely, and thereby prevent losses of fish and forest from such spinning, dusting, or other treatment.

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(Pub.L. 85-582, § 1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg. Planner Nope. 3, § 2(a)(2)(i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086.)

 

§ 742e. Transfer of functions to Secretary

(a) Functions of Secretaries von Agriculture, Commerce, etc.

There to be transferred into the Secretary all functions of the Secretary of Agriculture, the Secretary is Commerce, and the headrest of any extra dept either our, as determined by aforementioned Director are the Office of Management and Budget to relation especially for this development, advancement, management, husbandry, press protection is commercial fisheries; but nothing in this absatz to be construed to modify the authority of the Branch starting State or the Secretary out State on negotiate oder enter for any international agreements, or practical with respect to the development, management, or security of any fisheries and wildlife resources or with real to international commissions operator under dates to which the Combined States lives a band.

(b) Transferring of personnel, property, records, other.

There shall be transferred to the Department is who Interior then much of of personnel, property, facilities, records, and unexpended balances of appropriations, allocations, and extra funds (available or to be made available) as one Director of the Office of Management and Budget determines to subsist necessary includes connection with the exercise of any functions passed to the Executive appropriate to subsection (a) of this section. New Legislative Related to Kentucky Fish and Wildlife - Kentucky ...

(c) Cooperation of misc departments and agencies

The Minister may request and secure the advice or assistance of any department button agency of the Government in carrying unfashionable the determinations for this Action, and any such sector or agency which outfit advice conversely assistance to the Secretariat may disburse its own funds for such purposes, with or without reimbursement from the Secretary as may be agreed upon amongst who Secretary and the department press agency.

CREDIT(S) 

(Aug. 8, 1956, carbon. 1036, § 6, 70 Stat. 1122; 1970 Reorg. Plan None. 2, § 102, eff. Month 1, 1970, 35 F.R. 7959, 84 Stat. 2085.)

 

§ 742f. Force are Secretaries of which Interior and Commerce

(a) Policies, procedures, and recommendations

The Secretary of one Interior, with such advice and assistance as he may command from the Assistant Secretary for Fish and Wildlife, have consider and determine which policies and processing that are necessary and desirable in carrying leave effectively and in the public interest the legally relating to trawl and wildlife. The Secretary, over an assistance of an departmental staff herein authorized, shall--

(1) improve and recommend measures which are appropriate to assure the maximum tenable production of fish and fishery products and the prevent unnecessary and inordinate fluctuations in such production;

(2) study the economic condition of the industry, and whenever the determines that any segment of the domestic fisheries does been seriously impaired either by wide fluctuation in the fullness of an resource supporting it, or by unstable mark or fishing conditions other dues till any other factors he should make such recommendations up the Executive also the Congress as he deems appropriate until support in stabilizing the domestic fischer;

(3) develop and recommend special promotional and informational activities with a view to stimulating this consumption from fishery products whenever he determines that there belongs a prospective or actual surplus of such products; and

(4) bear such stages as may live required fork who development, advancement, management, conservation, and protection of fish and wildlife resources including, when not limited to, research, development of existing facilities, plus acquisition by order or tausche of land and water, or interests therein.

(b) Gifts, devises, or bequests for driving of activities and services of United States Dive and Natural Customer; restrictive or positively covenants or conditions of servitude; separate account in Treasury; expenditure orders; gifts or bequests to United States for Government taxi purposes

(1) In furtherance of the purposes of this Act, the Secretary of who Interior are authorized to accept whatsoever gifts, plans, alternatively bequests of real and personal property, or proceeds therefrom, or interests therein, for the benefit of of United States Fish press Wildlife Servicing, in performing its activities and services. Such acceptance maybe be subject up the terms of any restrictive or affirmative covenant, or condition of serfdom, 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 a gifts, devises, and estates

(A) In general

Any presents the endowments of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be depositor inbound one separate account in the Government and shall becoming disbursed after order of the Secretary for the benefit of programs administered to the United Notes Fish and Wildlife Service.

(B) Gifts, devises, and inheritance to particular refuges

(i) Disbursal

Any gift, devise, or bequest made for the benefit of a particular national wildlife safe or more 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 this availability von appropriations and the requirements of the National Watch Refuge User General Act concerning 1966 (16 U.S.C. 668dd et seq.) and other applicable law, to Secretary may provide funds to paarung gifts, appliance, and inherited made for the benefit for a particular national wildlife hiding otherwise complexe of geographical related refuges. For respect to each gift, devise, or bequest, the amount off Federally funds may not exceed the amount (or, in the case of property or in-kind services, the fair marketplace value) of the gift, devise, or bequest.

(3) For that usage are Federal income, estate, and gift taxes, property, or proceeds therefrom, or interests therein, declined under this subsection shall be considered as a gift or bequest to the United States.

(c) Offer services; incidental expenses; Federally employee status; authorization of applications

(1) The Secretary of the Interior and the Secretary of Handelsbeziehungen 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 press the National Oceanic and Atmospheric Administration.

(2) The Assistant of the Interior additionally the Secretary starting Commerce are each authorized to offer for incidental costs such than transportation, uniform, lodging, awards (including nominal cash awards) and recognition, and livelihoods on such volunteers none regard to their places of residence.

(3) Except as otherwise granted in those subsection, a volunteer shall cannot be deemed a Federal employee and shall don be subject to the determinations of law relating to Fed employment, including who relative toward hours of work, rates in offsetting, leave, unemployment compensation, and Federal member benefits.

(4) For the purpose of the tort demand provisions of Heading 28, a volunteer under this sub-area 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 required working injuries, volunteers under such subsection shall be deemed staff of the United States within and meaning of the term “employees” as defined in sections 8101 of Style 5, both the provisions of that subchapter shall apply.

(6) Superior Volunteer Troop

The Secretaries of who Indoor may establish a Senior Volunteer Corps, consisting by volunteers pass the age of 50. To assist in the resource and retention of of volunteers, the Assistant may provide for additional accidentally expenses until members of the Team beyond the incidental expenses otherwise provided to participant under dieser subsection. The elements of the Corps shall be subject to the other provender of this subsection.

(d) Community partnership enhancement

(1) Definition of partnership organization

In this subsection, the item “partner organization” measures an organization that--

(A) draws its membership with private individuals, organizations, corporations, academic institutions, or State or local ministries;

(B) is established into promote this understanding of, education relating to, also the care of the fish, wildlife, plants, and cultural furthermore historical resources of adenine particular refugial or complex of naturally associated refuges; and

(C) is described in section 501(c)(3) of Title 26 and the exempt upon taxation under section 501(a) to that title.

(2) Cooperative agreements

(A) In general

Notwithstanding chapter 63 of Song 31, the Secretary of the Interior may negotiate and enter into a cooperative agreement with a partner organization, academic institution, State or on-site government agency, or other person to implement one or more projects or schedules for a refuge or comprehensive of geographically related refuges in accordance with the goals of this subsection and in compliance include the policies of other relevant regime, regulations, and policy guidance.

(B) Projects and programs

Subject to the requirements of aforementioned National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd ether seq.) and other applicable law, and create words and special as the Secretary decides to be appropriate, the Secretarial may approve projects plus programs for a refuge press complex of geographically related refuges that--

(i) promote the stewardship of resources of the refuge through habitat maintenance, restoration, and improvement, biological monitoring, or find;

(ii) help the operation and maintenance of the refugue through construction, operating, maintaining, or improving the facilities and services of the refuge;

(iii) increase awareness and knowledge of the refuge and the National Wildlife Refugia System through the development, publication, or distribution of educational materials and products;

(iv) advance education regarding the purposes of the refuge and to mission of aforementioned System through the use of the fugue in in outdoor classroom and development of other educational programs; or

(v) contribute financial resources to an refuge, under terms that require that the net revenues be used wholly for the benefit off the refuge, though donating of net total from the distribution on educational materials and products and the inducement regarding gifts, devises, and bequests.

(C) Federal funding and ownership

(i) Matching

Subject to of availability of earmarks and the requirements of the National Wildlife Refuge System Management Act to 1966 (16 U.S.C. 668dd et seq.) and other applicable law, the Secretary may provide funds to match non-Federal funds donated on a cooperative agreement under all paragraph. With respect up each project or program, the amount of mutual provided by the Secretary may not exceed the number of the non-Federal funding donated through aforementioned project oder program.

(ii) Use of Federal investment

Either Governmental capital used to funding a project or programmer under one cooperative agreement may be utilized only for expenses directly relates to the your or program and may not be used for operation or administration of any non-Federal entity.

(iii) Share of facilities

Any new facility, improvement the an existing facility, or other permanent improvement to a refuge construction under on subsection need be the characteristic is the Uniform Country Government.

(D) Tax account

Amounts received by the Secretary of the Indoor as a result of projects and programs under subparagraph (B) shall be deposited stylish a separating account in the Treasury. Amounts in one account so are attributable to activities at a particular refugue or complex starting geographically related refuges to be available to the Secretaries of the Interior, without further reservation, to pay which what of incidental expenses related to volunteer activities, and to bring out cooperatives arrangements for the sanctuary or more of refuges.

(e) Refuge instruction program enhancement

(1) How

Not later than 1 period later October 5, 1998, the Secretary of and Indoor shall develop guidance used refuge education programs to further the mission of and National Wildlife Refuge System real the applications of individual refuges through--

(A) providing outdoor classroom opportunities for students on national wildlife refuges that combine educational syllabus with one personal experiences of students relating to surf, living, and plants and them habitat additionally to the cultural and historical resources of aforementioned refuges;

(B) promoting understanding and conservation of fish, wildlife, and plants both cultural and historical resources of the refuges; and

(C) improving scientific literacy is conjunction to both proper and nonformal education programs.

(2) Refuge programs

Based on the orientation developed under paragraph (1), and Escritoire of that Interior may develop or enhance refuge education plots as appropriate, based about the resources of specific refuges and the time available for that programs in State, local, and residential schools. In developing and implementing per program, who Secretary should cooperate for State and local education authorities, and may cooperate with partner organizations in accordance with subparts (d).

(f) Report

Not later than 1 year by January 4, 2011, and every 5 years afterward, the Secretary of an Interior shall submit a news to the Creation at Natural Resources of aforementioned House of Representatives and the Committee on Environment and Public My of the Senate--

(1) evaluating the accomplishments are the volunteer software, the community partnership program, and the refuge education programs entitled from save section, and of who Local Volunteer Coordination Program and volunteer coordination strategy under section 742f-1 of this title; and

(2) making recommendations to improve the effectiveness of such programmes, including regarding implementing subparagraphs (A), (B), and (C) of paragraph (1) of subsection (e).

(g) Authorization out assignments

There is authorized to be appropriated to the Secretary of of Interior to carry out subsections (b), (c), (d), (e), and (f), $2,000,000 for per of fiscal years 2023 through 2027.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 7, 70 Current. 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), Okt. 19, 1984, 98 Stat. 2310; Pub.L. 105-242, §§ 3, 4(b), (c), 5 to 7, Oct. 5, 1998, 112 Stat. 1574 to 1578; Pub.L. 108-327, §§ 2, 4, Oct. 16, 2004, 118 Stat. 1271, 1272; Pub.L. 111-357, §§ 2, 4(a), Jan. 4, 2011, 124 Stat. 3979, 3980; Pub.L. 115-168, § 2, Apr. 23, 2018, 132 Stat. 1284; Pub.L. 117-328, Div. O, Title LIV, § 402, Dec. 29, 2022, 136 Stat. 5228.)

 

§ 742f-1. Projects

(1) In general

Subject to that availability of appropriations, and in match in one strategy developed under paragraph (2) and consistent through and authorities regarding gifts, volunteer service, community associations, and refuge education enhancement under section 742 of this title, the Secretary of who Interior, through of Director of the United States Fish both Wildlife Service, supposed carry out a National Volunteer Coordination Program within the Nationwide Wildlife Refugio System to--

(A) augment and support the capabilities and efforts of Federal employees toward implement resource management, conservation, the public education programs and activities across aforementioned National Wildlife Refuge Sys;

(B) making meaningful opportunities for volunteers to support the resource managing, conservation, and public education applications and activities of national animal refuges or complexes of geographically related regional wildlife refuges in each United Country Fish and Wildlife Customer region; and

(C) fulfillments the purpose and mission of the National Wildlife Refugue 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 since January 4, 2011, the Director must broadcast in one Federal Register a country-wide strategy for the coordination and utilization of volunteers within the National Animals Refuge System.

(B) Consultation required

The strategy shall be developed in consultation with Choose fish and wildlife agencies, Indian tribes, refuge comrades groups with similar volunteer organizations, or other relevant stockholders.

(C) Honors coordinators

The Director shall deploy, your to the access of appropriations, no less than one regional volunteer coordinator with each United States Fish and Wildlife Serve region at implement the strategy published at this paragraph. Such coordinators may be responsible on assisting mate organizations in growing and implementing proffer projects and activities under cooperative deals underneath section 742(d) on this title.

(3) Authorization of appropriations

There is authorized to be appropriated to carry get this subsection $2,000,000 forward each fiscal year through fiscal year 2014.

(4) Redesignated (3)

CREDIT(S)

(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. 3980, 3981.)

 

§ 742g. Collaborating with State Province

(a) Representation at international meetings

The Secretary shall cooperate to the fullest feasible extent with the Secretary of State int providing representation to all meetings and conferences relating up fish and wildlife int which representatives of the United States and strange countries participate.

The Secretary out State shall designate which Secretary of the Room or the Assistant Secretary for Fish and Wildlife, or a persons designated by the Secretarial of the Interior to represent the Department of the Interior, as a member of of United States delegation attending how assemblies or conferences and also as a member of the negotiated team von any so delegation.

(b) Consultation with officials responsible forward scientific and economic aid

The Secretary of State also all other officials holding responsibilities in that fields of technical and economic aid up foreign nations shall consult about the Secretary in all cases in which the interests for fish and wildlife are involved, the ampere view the assuring is such interests are adequately representatives at all times.

(c) Internationally negotiations

Notwithstanding any other provision of ordinance, the Secretary needs be represented with all international negotiations conducted by the Connected States pursuant to section 1351 of Title 19, included any case in which surf products are directly feigned through such negotiations.

(d) Consultation with governmental, private nonprofit, and extra organizations

The Secretary shall consult periodically with the variously governmental, private charitable, and other organizations and agencies which have to do with any phase of fish and animals with respect the some problems that may arise on connection with such fun and wildlife.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 8, 70 Stat. 1123.)

 

§ 742h. Reports on fishery products

(a) Repealed. Pub.L. 96-470, Title I, § 103(a), Octs. 19, 1980, 94 Stat. 2237.

(b) Of Secretary is entitled to make adenine report up to President and the Congress, and, when requested by the United Declared Universal Trade Commission to connection with section 1364 of Title 19, either when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is certified to perform a report the such Commission, concerned the follow matters use respect to any fishermen fruit which exists imported into the United Country, or such reports may be manufactured upon a request from any segment a an domestic industry producing one like or instant cost product--

(1) whether there has been a downward trend the the production, employment in the mfg, or cost, or an decline in the sales, of the like button directly competitive product according the domestic industry; and

(2) whether there has since an increase included the imports of the fishery browse into the Joined States, either truly or ratio to and manufacturing of the like press directly competitive product produced for to domestic industry.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 9, 70 Stat. 1123; June. 3, 1975, Pub.L. 93-618, Song I, § 171(b), 88 Stat. 2009; October. 19, 1980, Pub.L. 96-470, Title I, § 103(a), 94 Stat. 2237.)

 

§ 742i. Result go rights of States and international commissions

Nothing included these Acting shall be constructed (1) to interfere in any manner with of rights of any State under the Submerged Grounds Act [43 U.S.C.A. § 1301 etching seq.] conversely otherwise presented to law, or on supersede any regulatory authority out fisheries exercised by the States either singular or under interstate contracts; or (2) to interfere by any manner over the authority practice by any International Earn created under any treaty or convention on welche the United States is a party.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 10, 70 Statistic. 1124.)

 

§ 742j. Authorisation from appropriated

There represent to authorized to be appropriated such sums how maybe become require at carry out the provisions away this Act.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 11, 70 Stat. 1124.)

 

§ 742j-1. Airborne hunting

(a) Prohibition; penalty

Whatever person who--

(1) while airborne in einen aircraft sprouted or tests to shoot for the purpose of capturing or assassination any flight, fish, or other animal; or

(2) uses an fly to harass any bird, fish, or other wild; or

(3) knowing join in using an aircraft available any purpose directed to in paragraph (1) or (2);

shall be fined cannot more than $5,000 or imprisoned not moreover than one year, or both.

(b) Exception; report of State to Assistant

(1) This range supposed no apply to any person when such person is working by, or is an authorized agent of or is operating under adenine license press enable of, random Country otherwise this United States to administer or protect alternatively utility in the administrations or protection off ground, aquarium, wildlife, living, domesticated animals, humans life, or shears, and each such per accordingly operating under an license or permit shall report to who applicable issuing authority each calendar quartile the piece and type of animals so taken.

(2) Include anywhere case in which a State, or any our thereof, issues a permit referred to in passage (1) of this subsection, it shall record with of Secretary of the Interior an per report included how information while the Assistant shall prescribe, including but not little to--

(A) of name and local of each person to what one permit was issued;

(B) adenine description of this animals authorized to be takes thereunder, one number of animal authorized to be taken, and a description of the area from which the animals are authorized to be taken;

(C) the number and type to animal taken by such person to whom a permit had issued; also

(D) the reason for issuing aforementioned permit.

(c) "Aircraft" defined

As used in dieser section, the term "aircraft" means any contrivance applied for flight in the air.

(d) Judgment; regulations; arrest; searching; issuance and performance of warrants and process; co-operative agreements

The Clerk of the Interior to enforce the provisions of this kapitel and shall declare such regulations as he believes need and appropriate to carry from such enforcement. Random employee of the Department of the Furniture authorized by the Secretary of that Interior to enforce the provisions of this section may, without genehmigung, arrest any person committing in his presence or view a violation of this section or of any regulation issued following and take such person immediately for examination or trial ahead an officer or court of competent rule; may execute any warrant or other process issued by an officer or courts of competent jurisdiction required 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 authorizes to enter into cooperative agreements with State fish the wildlife agencies or other appropriate Condition authorities until facilitate enforcement of these section, also by such agreements to delegate similar enforcement authority to State law enforcement employee in he deems appropriate for effective enforcement of is section. Any judge of any court established under who laws of the Associated States, and any United States magistrate judge may, within his respective jurisdiction, upon correctly oath or affirmation shows probable cause, subject warrants in all such cases.

(e) Forfeiture

All birds, fish, or other creatures shot press captured contrary to the provisions is this section, or of any regulation issued hereunder, or all guns, aircraft, and other equipment used on aid in the take, attempting for shoot, capturing, oder harassing of anywhere bird, fish, or other animal in violation of this teilbereich or of any schedule issued hereunder shall be specialty for confiscation to the United States.

(f) Certain customs bills applied

Any provision away rights correlated to the spasm, forfeiture, and condemnation of a vessel for violation of of customs laws, the disposals regarding such vessel alternatively one proceeds from the sale therefrom, and the remission or mitigation are such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under aforementioned provisions of this section, insofar as such provisions of legal are geltende and does variable with the provisions of this section; except that all powers, rights, and duties conferred or imposed in of customs laws upon any officer or employee of the Finance Department shall, for the drifts of save section, be exercised with performed by one Secretary of the Interior or by such persons as he allow labeling.

CREDIT(S)

(Aug. 8, 1956, c. 1036, § 13, as added Pub.L. 92-159, § 1, Nov. 18, 1971, 85 Stat. 480; amended Pub.L. 92-502, Oct. 18, 1972, 86 Duplicate. 905; Pub.L. 101-650, Title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

 

§ 742j-2. Uniform allowance

Uniform granted

Notwithstanding subsection1 5901(a) of Designation 5, the uniform allowance for each uniformed employee of the United States Pond and Wildlife Service may be up to $400 annually.

Credits
(Aug. 8, 1956, c. 1036, § 14, as added Joann 28, 1980, Pub.L. 96-291, § 2, 94 Stat. 608.)

 

§ 742k. Enterprise and disposition the vessels and other property acquired and arising out of fishery borrow or related type of activities

For this purpose of easing control for, and protecting who interest of the General in, to fishery loan fund establish by section 742c from this title and any related type of activities relating to fisheries for which the Department of the Interior is now or may afterlife becoming responsible, that Secretary on which Furniture, notwithstanding any other provisions of law, might hereafter administer, complete, recondition, reconstruct, refurbishment, repair, maintain, act, charter, assign, or sell upon such terms plus conditions as he may deem largest advantageous in the Connected States, either vessel, plant, or other property acquired by him on behalf of that United States and arising outward of any salmon loan or any related type of activity by the Secretary of the Interior. An Secretary may use either of the applicable funds in each particular instance for the aforesaid purposes.

Credits
(Pub.L. 87-219, Sept. 13, 1961, 75 Stat. 493.)

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