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Other Legislation Related to Fish and Wildlife-Continued

15. Řesearch contracts-Interior Department progress.
16. Taylor Grazing Act.
17. Military public land withdrawals -

18. Alaska Statehood Act relating to fish and wildlife. Environmental Quality, General:

1. National Environmental Policy Act--
2. Environmental Quality Improvement Act-

3. Environmental pollution study. Financing Pollution Control:

1. Itemized deductions for individuals and corporations.
2. Interest on certain governmental obligations -
3. Special rules for determining capital gains and losses..

4. Exchanges in compliance with Securities and Exchange Commission orders.Water Pollution:

1. Pollution control in navigable waters -
2. Protection of navigable waters --
3. Pollution of the sea by oil..
4. Soil conservation..
5. Agricultural credit for pollution control.
6. Cropland adjustment for pollution control.
7. Basic water and sewer facilities..
8. Grants for public works and development facilities -

9. Water pollution control in AppalachiaAir Pollution:

1. Air pollution prevention and control..
2. Emission standards for moving sources.

3. General provisions-Solid Waste Management:

1. Solid Waste Disposal Act.. Radiation Hazards:

1. Atomic energy, development and control..
2. Transportation of hazardous materials, including radioactive substances

3. Electronic product radiation control.Pesticides:

1. Insecticides and other pesticides.--.
2. Prohibition, branding, and tolerances for pesticide regulation.
3. Hazardous substances..

4. Pesticide research.. Noise Abatement:

1. Control and abatement of aircraft noise.. 2. Occupational noise

3. Office of Noise Abatement and Control.. Airport and Airway Development:

1. National Airport System Plan.

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FISH AND WILDLIFE, GENERAL

1. Fish and Wildlife Service

16 U.S.C. 742(a)-754

88 741, 742. Omitted.

CODIFICATION Section 741, R. S. $ 4995; act of Jan. 20, 1888, ch. 1, 26 Stat. 1; act of Feb. 27, 1925, ch. 364, 43 Stat. 1046, related to the appointment, etc., of a Commissioner of Fisheries.

Section 742, acts Mar. 4, 1911, ch. 286, § 1, 36 Stat. 1436; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 738, provided for an acting Commissioner of Fisheries.

TRANSFER OF FUNCTIONS 1939 Reorg. Plan No. II, § 4 (e, 1), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees, transferred the Bureau of Fisheries in the Department of Commerce and its functions, and the Bureau of Biological Survey in the Department of Agriculture and its functions, to the Department of the Interior, to be administered under the direction and supervision of the Secretary of the Interior.

1940 Reorg. Plan No. III, § 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 the Bureau of Fisheries and the Bureau of Biological Survey into one agency in the Department of the Interior to be known as the Fish and Wildlife Service. It was further provided that the functions of the consolidated agency should be administered under the direction and supervision of the Secretary of the Interior by a director and assistants, and that the offices of Commissioner and Deputy Commissioner of Fisheries and the offices of Chief and Associato Chief of the Bureau of Biological Survey should be abolished and their functions transferred to the consolidated agency.

Sec.
741, 742. Omitted.
742a. Declaration of policy.
742b. United States Fish and Wildlife Service.

(a) Establishment; Assistant Secretary for Msh

and Wildlife and Commissioner of Fish and Wildlife; Bureau of Commercial Fisheries

and Bureau of Sport Fisheries and Wildlife. (b) Administration and supervision. (c) Functions and responsibilities of Secretary

of the Interior. (d) Distribution of functions, powers and duties

of former Fish and Wildlife Service. (e) Rules and regulations.

(1) Administrative procedures. 742c. Loans for financing or refinancing of cost of pur

chasing, constructing, equipping, maintaining, repairing, or operating commercial

fishing vessels or gear. (a) Authorization. (b) Conditions. (c) Fisheries loan fund; interest payments on

appropriations available as capital to the fund less average undispersed cash bal

ance, (d) Modification of loan contract. (e) Chartering vessels; loans to Alaskan earth

quake victims; termination date. 742d. Investigations; preparation and dissemination of

information; reports. 742d-1. Studies of effects in use of chemicals. 742e. Transfer of functions, personnel, property, facill

ties, records, and funds; cooperation with other

governmental agencies. 7421. Policies, procedures, and recommendations. 742g. Cooperation with State Department; representation

at international meetings; consultations. 742h. Reports to Congress and the President. 7421. Effect on rights of States and international com

missions. 742). Appropriations. 742k. Management and disposition of vessels and other

property acquired and arising out of fishery loans

or related type of activities. 743. Detalls from Coast Guard. 744. Investigations; fish propagation; annual statement

of expenditures; Investigations of damages by

predacious fishes; executive assistance. 745. Powers of Director. 746. Vessels of Fish and Wildlife Service. 747. Vessels of bureau; commutation of rations of of

ficers and crews. 748. Expenditure of appropriations for propagation of

food fishes. 749. Advisory committee; designations; duties; expenses. 750. Station on Mississippi River for rescue of fishes and

propagation of mussels. 751. Same; personnel 752. Exchange of equipment by Service as part payment

for other equipment. 753. Cooperative work. 753a. Cooperative research and training programs for fish

and wildlife resources. 753b. Same; authorization of appropriations. 754. Commutation of rations for omcers and crews of

vessels of the Service.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 668bb of this title.

Ex. ORD. No. 9634. ESTABLISHMENT OF FISHERY

CONSERVATION ZONES Ex. Ord. No. 9634, Sept. 28, 1945, 10 F. R. 12306, 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.

8 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

title, and amended section 7130-3(e) of Title 15, Commerce and Trade, shall be popularly known as the “Fish and Wildlife Act of 1956".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 742b, 742e, 742h. 7421, 742) of this title.

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 sections 742a to 742d, and 742e to 742% of this title are necessary in order to accomplish the objective of proper resource development, and that such sections 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.)

SHORT TITLE Section 1 of act Aug. 8, 1956, provided that such act, which enacted sections 7421_742d, and 7421_742) of this

& 742b. United States Fish and Wildlife Service. (a) Establishment; Assistant Secretary for Fish and

Wildlife and Commissioner of Fish and Wildlife; Bureau of Commercial Fisheries and Bureau of Sport Fisheries and Wildlife. There is established within the Department of the Interior the position of Assistarit 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. 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. 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 sections 742a to 742d, and 742e to 742) of this title, shall succeed to and replace the presently existing Fish and Wildlife Service of the Department. (b) Administration and supervision.

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) Functions and responsibilities of Secretary of the

Interior. All functions and responsibilities placed in the Department of the Interior or any official thereof by sections 742a to 742d, and 742e to 742j of this title 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) Distribution of functions, powers and duties of

former Fish and Wildlife Service. In order to make a proper distribution between the two Bureaus of the United States Fish and Wildlife Service established by sections 742a to 742d, and 742e to 742j of this title, the previously existing functions, powers, duties, authority, llabilities, 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 sections and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 742a, 742e, 742h, 7421, 742% of this title.

742a to 742d, and 742e to 742 of this title apply relating primarily to commercial fisheries, whales, seals, and sea-lions, and related matters;

(2) The Bureau of Sport Fisheries and Wildlife shall be responsible for those matters to which sections 742a to 742d, and 742e to 742j of this title apply 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) Rules and regulations.

Except as changed by the terms of sections 742a to 742d, and 742e to 742% of this title 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) Administrative procedures.

In recognition of the need for authority to execute the purposes of sections 742a to 742d, and 742e to 742% of this title effectively, the Secretary of the Interior shall exercise such general administrative authority consistently with the terms of such sections as he shall find to be necessary to carry out the provisions of such sections effectively and in the public interest. In order to allow sufficient time to place the reorganizations under such sections 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 August 8, 1956, but not later than ninety (90) calendar days after August 8, 1956. (Aug. 8, 1956, ch. 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.)

AMENDMENTS 1962–Subsec. (a). Pub. L. 87–793 eliminated provisions which authorized the Commissioner to receive compensation at the same rate as that provided for grade GS-18.

1961–Subsec. (a). Pub. L. 87–367 deleted "at Grades GS-17 each" following "by the Secretary.”

EFFECTIVE DATE OF 1962 AMENDMENT Repeal of provisions of subsec. (a) of this section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 610 of Pub. L. 87-793.

TRANSFER OF FUNCTIONS The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg, Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory,

8 742c. Loans for financing or refinancing of cost of

purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels

or gear. (a) Authorization.

The Secretary of the Interior is authorized, under such rules and regulations and under such terms and conditions as he may prescribe, to make loans for financing or refinancing of the cost of purchasing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear. (b) Conditions.

Any loans made under the provisions of this section shall be subject to the following restrictions:

(1) Bear an interest rate of not less than (a) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose.

(2) Mature in not more than ten years, except that where a loan is for all or part of the costs of constructing a new fishing vessel, such period may be fourteen years.

(3) No financial assistance shall be extended pursuant to this section unless reasonable financial assistance applied for is not otherwise available on reasonable terms.

(4) Loans shall be approved only upon the furnishing of such security or other reasonable assurance of repayment as the Secretary may require considering the objectives of this section which are to upgrade commercial fishing vessels and gear and to provide reasonable financial assistance not otherwise available to commercial fishermen. The proposed collateral for a loan must be of such a nature that, when considered with the integrity and ability of the management, and the applicant's past and prospective earnings, repayment of the loan will be reasonably assured.

(5) The applicant shall possess the ability, experience, resources, and other qualifications necessary to enable him to operate and maintain new or used commercial fishing vessels or gear.

(6) Before the Secretary approves a loan for the purchase or construction of a new or used vessel which will not replace an existing commercial fishing vessel, he shall determine that the applicant's contemplated operation of such vessel in a fishery will not cause economic hardship or Injury to the efficient vessel operators already operating in that fishery.

(7) An applicant for a fishery loan must be a citizen or national of the United States.

(8) Within the meaning of this section, a corporation, partnership, or association shall not be deemed to be a citizen of the United States unless

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