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16 U.S.C. § 2912 — Federal conservation of migratory nongame birds

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2912 — Federal conservation of migratory nongame birds

**(a) Conservation activities** The Secretary shall undertake the following research and conservation activities, in coordination with other Federal, State, international and private organizations, to assist in fulfilling his responsibilities to conserve migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act ([16 U.S.C. 701–715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701–715&num=0&edition=prelim)) and section 8A(e) of the Endangered Species Act [[16 U.S.C. 1537a(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1537a/e&num=0&edition=prelim)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere: (1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds; (2) identify the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds; (3) identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=prelim)3); (4) identify conservation actions to assure that species, subspecies, and populations of migratory nongame birds identified under paragraph (3) do not reach the point at which the measures provided pursuant to the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=pre

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Stable record: federal_law:legal_authorities:record_usc_94bd1ba3ad023f4d4dc16b98
Source file: Laws/federal/codes/united-states-code/title-16/section-2912-federal-conservation-of-migratory-nongame-birds--28dabba0bc.md
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Source location: Title 16, Chapter 49, § 2912; chapter-049-fish-and-wildlife-conservation.md

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**(a) Conservation activities** The Secretary shall undertake the following research and conservation activities, in coordination with other Federal, State, international and private organizations, to assist in fulfilling his responsibilities to conserve migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act ([16 U.S.C. 701–715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701–715&num=0&edition=prelim)) and section 8A(e) of the Endangered Species Act [[16 U.S.C. 1537a(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1537a/e&num=0&edition=prelim)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere: (1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds; (2) identify the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds; (3) identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=prelim)3); (4) identify conservation actions to assure that species, subspecies, and populations of migratory nongame birds identified under paragraph (3) do not reach the point at which the measures provided pursuant to the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=prelim)3) become necessary; and (5) identify lands and waters in the United States and other nations in the Western Hemisphere whose protection, management, or acquisition will foster the conservation of species, subspecies, and populations of migratory nongame birds, including those identified in paragraph (3). **(b) Reports** Within one year after November 14, 1988, and at five-year intervals thereafter, the Secretary shall prepare a report that presents the results of the activities taken pursuant to subsection (a) of this section and that describes any efforts to carry out those conservation actions identified pursuant to paragraph (4) of subsection (a) of this section. Such reports shall be submitted to the Committee on Environment and Public Works of the United States Senate and to the Committee on Merchant Marine and Fisheries of the United States House of Representatives.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s herit­age in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 715 — Short title

This subchapter shall be known by the short title of “Migratory Bird Conservation Act.”

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 21 — Oath of Senators

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 710 — Partial invalidity; short title

If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4409 — Report to Congress

The Secretary shall report to the appropriate Committees on the implementation of this chapter. The report shall include— (1) a biennial assessment of— (A) the estimated number of acres of wetlands and habitat for waterfowl and other migratory birds that were restored, protected, or enhanced during such two-year period by Federal, State, and local agencies and other entities in the United States, Canada, and Mexico; (B) trends in the population size and distribution of North American migratory birds; (C) the status of efforts to establish agreements with nations in the Western Hemisphere pursuant to [section 4413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4413&num=0&edition=prelim); and (D) wetlands conservation projects funded under this chapter, listed and identified by type, conservation mechanism (such as acquisition, easement, or lease), location, and duration; and (2) an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by Federal, State, and other United States entities, and expenditures by Canadian and Mexican sources to carry out these projects.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1537a — Convention implementation

**(a) Management Authority and Scientific Authority** The Secretary of the Interior (hereinafter in this section referred to as the “Secretary”) is designated as the Management Authority and the Scientific Authority for purposes of the Convention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service. **(b) Management Authority functions** The Secretary shall do all things necessary and appropriate to carry out the functions of the Management Authority under the Convention. **(c) Scientific Authority functions; determinations** (1) The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention. (2) The Secretary shall base the determinations and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife management practices; but is not required to make, or require any State to make, estimates of population size in making such determinations or giving such advice. **(d) Reservations by the United States under Convention** If the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a written report setting forth the reasons why such a reservation was not entered. **(e) Wildlife preservatio

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1537a — Convention implementation

Page 1933 TITLE 16—CONSERVATION § 1537a § 1537a. Convention implementation (a) Management Authority and Scientific Author- ity The Secretary of the Interior (hereinafter in this section referred to as the ‘‘Secretary’’) is designated as the Management Authority and the Scientific Authority for purposes of the Con- vention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service. (b) Management Authority functions The Secretary shall do all things necessary and appropriate to carry out the functions of the Management Authority under the Convention. (c) Scientific Authority functions; determinations (1) The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention. (2) The Secretary shall base the determina- tions and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife manage- ment practices; but is not required to make, or require any State to make, estimates of popu- lation size in making such determinations or giving such advice. (d) Reservations by the United States under Con- vention If the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a writte

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2912 — Untitled legal text

Page 2229 TITLE 16—CONSERVATION § 2912 parties, shall conduct a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this chapter, including, but not limited to, funding by means of an excise tax on appropriate items. On or before December 31, 1984, the Director shall report to the Com- mittee on Environment and Public Works of the Senate and to the Committee on Merchant Ma- rine and Fisheries of the House of Representa- tives the results of such study, together with his recommendations with respect thereto. (Pub. L. 96–366, § 12, Sept. 29, 1980, 94 Stat. 1330; Pub. L. 97–396, § 6, Dec. 31, 1982, 96 Stat. 2006.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–396 struck out ‘‘, out of funds avail- able for the administration of this chapter’’ after ‘‘shall conduct’’, and substituted ‘‘December 31, 1984’’ for ‘‘the expiration of the 30-month period following the date of enactment of this Act [Sept. 29, 1980]’’ after ‘‘On or before’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 701 — Game and wild birds; preservation

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

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