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16 U.S.C. § 745 — Powers of Secretary
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior or the Secretary of Commerce, as appropriate, may take or cause to be taken at all times, in the waters of the seacoast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding.
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Source location: Title 16, Chapter 9, § 745; chapter-009-fish-and-wildlife-service.md
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The Secretary of the Interior or the Secretary of Commerce, as appropriate, may take or cause to be taken at all times, in the waters of the seacoast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### 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, Government Organization and Employees, 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 Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1119. See [section 742b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section742b&num=0&edition=prelim).
#### Ex. Ord. No. 9634. Establishment of Fishery Conservation Zones
Ex. Ord. No. 9634, Sept. 28, 1945, 10 F.R. 123
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior or the Secretary of Commerce, as appropriate, shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. He is authorized and directed to conduct investigations and experiments for the purpose of ameliorating the damage wrought to the fisheries by dogfish and other predacious fishes and aquatic animals. Said investigations and experiments shall be such as to develop the best and cheapest means of taking such fishes and aquatic animals, of utilizing them for economic purposes, especially for food, and to encourage the establishment of fisheries and markets for them.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1316
TITLE 16—CONSERVATION
§ 745
Editorial Notes
CODIFICATION
R.S. § 4396 derived from Res. Feb. 9, 1871, No. 22, § 2, 16
Stat. 594.
R.S. § 4397 derived from Res. Feb. 9, 1871, No. 22, § 3, 16
Stat. 594.
AMENDMENTS
1980—Pub. L. 96–470 struck out provision requiring a
detailed statement of expenditures under all appropria-
tions for ‘‘propagation of fishes’’ be submitted annually
to Congress at the beginning of each session.
Statutory Notes and Related Subsidiaries
SURVEY OF MARINE AND FRESH-WATER RESOURCES
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired
January 1, 1945, provided for a comprehensive survey of
all marine, fresh-water, and other aquatic resources of
the United States, its Territories, and possessions; and
for a report on survey, together with recommendations
to Congress. It also appropriated $20,000 to carry out
the purposes of the act.
Executive Documents
TRANSFER OF FUNCTIONS
Secretary of the Interior or Secretary of Commerce,
as appropriate, and Secretary substituted for Director
of Fish and Wildlife Service and Director in view of:
creation of National Oceanic and Atmospheric Admin-
istration in Department of Commerce and Office of Ad-
ministrator of such Administration; abolition of Bu-
reau of Commercial Fisheries in Department of the In-
terior and Office of Director of such Bureau; transfers
of functions, including functions formerly vested by
law in Secretary of the Interior or Department of the
Interior which were administered through Bureau of
Commercial Fisheries or were primarily related to such
Bureau, exclusive of certain enumerated functions with
respect to Great Lakes fishery research, Missouri River
Reservoir research, Gulf Breeze Biological Laboratory,
and Trans-Alaska pipeline investigations; an
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