16 U.S.C. § 2903 — Conservation plans

Page 2224 TITLE 16—CONSERVATION § 2902 1 See References in Text note below. to participate in recreational and other pro- grams designed to foster human interaction with fish and wildlife and thereby are unable to have a greater appreciation and awareness of the environment. (4) Historically, fish and wildlife conserva- tion programs have been focused on the more recreationally and commercially important species within any particular ecosystem. As a consequence such programs have been largely financed by hunting and fishing license rev- enues or excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully ap- propriate to meet the conservation needs of nongame fish and wildlife. (5) Each State should be encouraged to de- velop, revise, and implement, in consultation with appropriate Federal, State, and local and regional agencies, a plan for the conservation of fish and wildlife, particularly those species which are indigenous to the State. (b) Purpose It is the purpose of this chapter— (1) to provide financial and technical assist- ance to the States for the development, revi- sion, and implementation of conservation plans and programs for nongame fish and wild- life; and (2) to encourage all Federal departments and agencies to utilize their statutory and admin- istrative authority, to the maximum extent practicable and consistent with each agency’s statutory responsibilities, to conserve and to promote conservation of nongame fish and wildlife and their habitats, in furtherance of the provisions of this chapter. (Pub. L. 96–366, § 2, Sept. 29, 1980, 94 Stat. 1322.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–366, § 1, Sept. 29, 1980, 94 Stat. 1322, pro- vided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Fish and Wildlife Conservation Act of 1980’.’’ § 2902. Definitions As used in this chapter— (1) The term ‘‘approved conservation plan’’ means the conservation plan of a State ap- proved by the Secretary pursuant to section 2904(a) of this title. (2) The term ‘‘conservation plan’’ means a plan developed by a State for the conservation of fish and wildlife which meets the require- ments set forth in section 2903 of this title. (3) The terms ‘‘conserve’’, ‘‘conserving’’, and ‘‘conservation’’ mean to use, and the use of, such methods and procedures which are nec- essary to ensure, to the maximum extent prac- ticable, the well being and enhancement of fish and wildlife and their habitats for the eco- logical, educational, esthetic, cultural, rec- reational, and scientific enrichment of the public. Such methods and procedures may in- clude, but are not limited to, any activity as- sociated with scientific resources manage- ment, such as research, census, law enforce- ment, habitat acquisition, maintenance, devel- opment, information, education, population manipulation, propagation, technical assist- ance to private landowners, live trapping, and transplantation. (4) The term ‘‘designated State agency’’ means the commission, department, division, or other agency of a State which has primary legal authority for the conservation of fish and wildlife. If any State has placed such au- thority in more than one agency, such term means each such agency acting with respect to its assigned responsibilities but such agencies, for purposes of this chapter, shall submit a single conservation plan. (5) The term ‘‘fish and wildlife’’ means wild vertebrate animals that are in an unconfined state, including, but not limited to, nongame fish and wildlife. (6) The term ‘‘nongame fish and wildlife’’ means wild vertebrate animals that are in an unconfined state and that— (A) are not ordinarily taken for sport, fur, or food, except that if under applicable State law, any of such animals may be taken for sport, fur, or food in some, but not all, areas of the State, any of such animals within any area of the State in which such taking is not permitted may be deemed to be nongame fish and wildlife; (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531–1543); and (C) are not marine mammals within the meaning of section 1362(5) 1 of this title. Such term does not include any domesticated species that has reverted to a feral existence. (7) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (8) The term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and the Com- monwealth of the Northern Mariana Islands. (Pub. L. 96–366, § 3, Sept. 29, 1980, 94 Stat. 1323.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in par. (6)(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. Section 1362(5) of this title, referred to in par. (6)(C), was redesignated section 1362(6), by Pub. L. 102–582, title IV, § 401(a), Nov. 2, 1992, 106 Stat. 4909. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2903. Conservation plans The conservation plan for any State must— Page 2225 TITLE 16—CONSERVATION § 2904 (1) provide for the vesting in the designated State agency of the overall responsibility for the development and revision of the conserva- tion plan; (2) provide for an inventory of the nongame fish and wildlife, and such other fish and wild- life as the designated State agency deems ap- propriate, that are within the State and are valued for ecological, educational, esthetic, cultural, recreational, economic, or scientific benefits by the public; (3) with respect to those species identified under paragraph (2) (hereinafter in this sec- tion referred to as ‘‘plan species’’), provide for— (A) the determination of the size, range, and distribution of their populations, and (B) the identification of the extent, condi- tion, and location of their significant habi- tats; (4) identify the significant problems which may adversely affect the plan species and their significant habitats; (5) determine those actions which should be taken to conserve the plan species and their significant habitats; (6) establish priorities for implementing the conservation actions determined under para- graph (5); (7) provide for the monitoring, on a regular basis, of the plan species and the effectiveness of the conservation actions determined under paragraph (5); (8) provide for plan review and revision, if appropriate, at intervals of not more than 3 years; (9) ensure that the public be given oppor- tunity to make its views known and consid- ered during the development, revision, and im- plementation of the plan; and (10) provide that the designated State agen- cy consult, as appropriate, with Federal agen- cies, and other State agencies during the de- velopment, revision, and implementation of the plan, in order to minimize duplication of efforts and to ensure that the best information is available to all such agencies. (Pub. L. 96–366, § 4, Sept. 29, 1980, 94 Stat. 1323.) § 2904. Approval of conservation plans and cer- tain nongame fish and wildlife conservation actions (a) Approval by Secretary of plans (1) Any State may apply to the Secretary for approval of a conservation plan. (2) Applications for the approval of conserva- tion plans shall be made and reviewed by the Secretary in such manner as the Secretary shall by regulation prescribe. (3) As soon as practicable, but not later than 180 days, after the date on which a State sub- mits (or resubmits in the case of prior dis- approval) an application for the approval of a conservation plan the Secretary shall— (A) approve the conservation plan, and des- ignate it as an approved conservation plan, if he determines that the plan— (i) meets the requirements set forth in sec- tion 2903 of this title, and (ii) is substantial in character and design; or (B) disapprove the conservation plan if he determines that— (i) the plan does not meet the require- ments set forth in section 2903 of this title, or (ii) to implement any part of the plan on the basis of the specifications, determina- tions, identifications, or priorities therein would threaten the natural stability and continued viability of any of the plan species concerned. If the Secretary disapproves a plan, he shall give the State concerned a written statement of the reasons for disapproval and provide the State opportunity for consultation with respect to de- ficiencies in the plan and the modifications re- quired for approval. (b) Effect of approval of plans If the Secretary approves the conservation plan of any State under subsection (a)— (1) that portion of such plan that pertains to wildlife conservation shall be deemed to be an approved plan for purposes of section 6(a)(1) of the Act of September 2, 1937 (16 U.S.C. 669e(a)(1)), commonly referred to as the Pitt- man-Robertson Wildlife Restoration Act [16 U.S.C. 669 et seq.]; and (2) that portion of such plan that pertains to fish conservation shall be deemed to be an ap- proved plan for the purposes of section 6(a)(1) of the Act of August 9, 1950 [16 U.S.C. 777e(a)(1)] commonly referred to as the Din- gell-Johnson Sport Fish Restoration Act [16 U.S.C. 777 et seq.]. (c) Conservation actions If the Secretary approves the conservation plan of any State under subsection (a), those conservation actions set forth in the plan which pertain to nongame fish and wildlife shall be deemed to be eligible as nongame fish and wild- life projects for which reimbursement is avail- able under section 2905 of this title. (d) Nongame conservation actions in the absence of an approved plan In the absence of an approved conservation plan, and on a showing of need by the State, the Secretary may deem certain conservation ac- tions to be nongame fish and wildlife projects for which reimbursement is available under sec- tion 2905(a)(3) of this title if they— (1) are consistent with such of the require- ments set forth in section 2903 of this title as may be appropriate, including, but not limited to, the requirements in paragraphs (3), (4), (5), and (7) of such section; and (2) are substantial in character and design. (Pub. L. 96–366, § 5, Sept. 29, 1980, 94 Stat. 1324.) Editorial Notes REFERENCES IN TEXT The Pittman-Robertson Wildlife Restoration Act, re- ferred to in subsec. (b)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chap- ter 5B (§ 669 et seq.) of this title. For complete classi-