16 U.S.C. § 2902 — Definitions

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—