16 U.S.C. § 3743 — Definitions

Page 2334 TITLE 16—CONSERVATION § 3743 Editorial Notes AMENDMENTS 1994—Par. (3). Pub. L. 103–375 inserted ‘‘the States and of’’ after ‘‘under the leadership of’’. § 3743. Definitions As used in this chapter— (1) The terms ‘‘conserve’’ and ‘‘conserva- tion’’ mean to use, and the use of, such meth- ods and procedures which are necessary to en- sure, to the maximum extent practicable, the well being and enhancement of fish and wild- life and their habitats for the educational, aes- thetic, cultural, recreational, scientific, and ecological enrichment of the public. Such methods and procedures may include, but are not limited to, any activity associated with scientific resources management, such as re- search, census, law enforcement, habitat ac- quisition, maintenance, development, infor- mation, education, population manipulation, propagation, technical assistance to private landowners, live trapping, and transplan- tation. (2) The term ‘‘designated State agency’’ means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wild- life agency. (3) The term ‘‘fish and wildlife’’ means wild members of the animal kingdom that are in an unconfined state. (4) The term ‘‘Fund’’ means the Wildlife Conservation and Appreciation Fund estab- lished under section 3744(g) of this title. (5) The term ‘‘National Fish and Wildlife Foundation’’ means the charitable and non- profit corporation established under section 3701 of this title. (6) The term ‘‘nonconsumptive activities’’ means fish and wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, fish and wildlife. (7) The term ‘‘Secretary’’ means the Sec- retary of the Interior, acting through the Di- rector of the United States Fish and Wildlife Service. (8) The term ‘‘State’’ means any of the 50 States, the District of Columbia, the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or American Samoa. (9) The term ‘‘wildlife conservation and ap- preciation project’’ means a project which is directed toward nonconsumptive activities or toward the conservation of those species of fish and wildlife that— (A) are not ordinarily taken for recreation, fur, or food; except that if under applicable State law, any fish and wildlife may be taken for recreation, fur, or food in some but not all, areas of the State, a wildlife con- servation and appreciation project may be directed toward the conservation of any of such fish and wildlife within any area of the State in which such taking is not permitted; (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531–1543); and (C) are not marine mammals within the meaning of section 1362(6) of this title. (Pub. L. 102–587, title VII, § 7104, Nov. 4, 1992, 106 Stat. 5096; Pub. L. 103–375, § 6(2), (3), Oct. 19, 1994, 108 Stat. 3495.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in par. (9)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 1994—Par. (2). Pub. L. 103–375, § 6(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The term ‘designated State agency’ means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any depart- ment of another name, of a State that is empowered under its laws to exercise the functions ordinarily exer- cised by a State fish and wildlife agency.’’ Par. (4). Pub. L. 103–375, § 6(2)(B), made technical amendment to reference to section 3744(g) of this title to correct reference to corresponding provision of origi- nal act. Par. (8). Pub. L. 103–375, § 6(3)(B), added par. (8). Former par. (8) redesignated (9). Pub. L. 103–375, § 6(2)(C), (D), substituted semicolon for period at end of subpar. (A) and ‘‘section 1362(6)’’ for ‘‘section 1362(5)’’ in subpar. (C). Par. (9). Pub. L. 103–375, § 6(3)(A), redesignated par. (8) as (9). § 3744. Wildlife partnership program (a) In general The Secretary shall provide the amounts available in the Fund to designated State agen- cies on a matching basis to assist in carrying out wildlife conservation and appreciation projects that are eligible under subsection (b) of this section. (b) Eligible projects The following wildlife conservation and appre- ciation projects shall be eligible for matching funds from the Fund: (1) inventory of fish and wildlife species; (2) determination and monitoring of the size, range and distribution of populations of fish and wildlife species; (3) identification of the extent, condition, and location of the significant habitats of fish and wildlife species; (4) identification of the significant problems that may adversely affect fish and wildlife spe- cies and their significant habitats; (5) actions to conserve fish and wildlife spe- cies and their habitats; and (6) actions of which the principal purpose is to provide opportunities for the public to use and enjoy fish and wildlife through non- consumptive activities. (c) Project standards The Secretary shall not provide funding to carry out an eligible wildlife conservation and