16 U.S.C. § 746 — Vessels of Fish and Wildlife Service

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; and transfer of marine sport fish program of Bureau of Sport Fish- eries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. 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 Fish and Wildlife Service. It was further pro- vided that functions of consolidated agency should be administered under direction and supervision of Sec- retary 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. 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, transferred Bureau of Fisheries in Department of Commerce and its functions, and Bureau of Biologi- cal Survey in Department of Agriculture and its func- tions, to Department of the Interior, to be adminis- tered under direction and supervision of Secretary of the Interior. § 745. Powers of Secretary 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. (R.S. § 4398; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Editorial Notes CODIFICATION R.S. § 4398 derived from Res. Feb. 9, 1871, No. 22, § 4, 16 Stat. 594. Executive Documents TRANSFER OF FUNCTIONS Secretary of the Interior or Secretary of Commerce, as appropriate, substituted for Director of Fish and Wildlife Service in view of transfer of functions by Reorg. Plan No. 4 of 1970, see note set out under section 744 of this title. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer and consolidation of bureaus and functions, see note set out under section 742 of this title. § 746. Vessels of Fish and Wildlife Service The Secretary of the Navy is authorized to place the vessels of the United States Fish and Wildlife Service on the same footing with the Navy Department as those of the National Ocean Survey. (May 31, 1880, ch. 113, 21 Stat. 151; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.) Executive Documents CHANGE OF NAME Coast and Geodetic Survey consolidated with Na- tional Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Envi- ronmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., trans- ferred to National Oceanic and Atmospheric Adminis- tration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes under section 851 of Title 33, Navigation and Navigable Waters. See, also, notes under section 311 of Title 15, Commerce and Trade. TRANSFER OF FUNCTIONS Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120. See section 742b of this title. Page 1317 TITLE 16—CONSERVATION § 751 For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer and consolidation of bureaus and functions, see note set out under section 742 of this title. § 746a. Operation and maintenance fees for the M/V Tiglax and other vessels On and after October 21, 1998, pursuant to sec- tion 9701 of title 31 and notwithstanding section 3302 of title 31, the Secretary shall charge rea- sonable fees for the full costs of the U.S. Fish and Wildlife Service in operating and maintain- ing the M/V Tiglax and other vessels, to be cred- ited to this account and to be available until ex- pended. (Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–236.) § 747. Omitted Editorial Notes CODIFICATION Section, acts Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; Jan. 5, 1923, ch. 24, title I, 42 Stat. 1125; May 28, 1924, ch. 204, title III, 43 Stat. 238; Feb. 27, 1925, ch. 364, title III, 43 Stat. 1047, which related to the commutation of ra- tions of officers and crews on vessels, was provision of an appropriation act which was confined to specific ap- propriations. § 748. Expenditure of appropriations for propaga- tion of food fishes Appropriations for propagation of food fishes shall not be expended for hatching or planting fish or eggs in any State in which, in the judg- ment of the Secretary of the Interior, there are not adequate laws for the protection of the fishes, nor in any State in which the United States Director of the Fish and Wildlife Service and his duly authorized agents are not accorded full and free right to conduct fish-cultural oper- ations, and all fishing and other operations nec- essary therefor, in such manner and at such times as is considered necessary and proper by the said director or his agents. (July 1, 1918, ch. 113, § 1, 40 Stat. 693; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120.) Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title. Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120. See section 742b of this title. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Transfer and consolidation of bureaus and functions, see note set out under sections 742 and 744 of this title. § 749. Omitted Editorial Notes CODIFICATION Section, act June 16, 1921, ch. 23, § 4, 42 Stat. 63, pro- vided for an advisory committee to report on condition and needs of the Fish and Wildlife Service, and is omit- ted since it was derived from an appropriation act and is obsolete. § 750. Station on Mississippi River for rescue of fishes and propagation of mussels There shall be established on the Mississippi River, at a point to be selected by the Secretary of the Interior or the Secretary of Commerce, as appropriate, a station for the rescue of fishes and the propagation of mussels in connection with fish-rescue operations throughout the Mis- sissippi Valley. (Apr. 28, 1922, ch. 153, § 1, 42 Stat. 501; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232.) Executive Documents TRANSFER OF FUNCTIONS Secretary of Commerce also empowered to carry out statutory provisions in view of: creation of National Oceanic and Atmospheric Administration in Depart- ment of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife; and certain transfers of functions, including functions for- merly vested by law in Secretary of the Interior or De- partment of the Interior which were administered through Bureau of Commercial Fisheries or were pri- marily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fish- ery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipe- line investigations by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. Transfer and consolidation of bureaus and functions, see note set out under section 742 of this title. § 751. Personnel In connection with the establishment of such fish-rescue station there is authorized the fol- lowing personnel, namely: One district super- visor, to have general charge of fish-rescue and fish-cultural operations in the Mississippi Val- ley; a superintendent, two field foremen, four fish-culturists at large, one engineer at large, one clerk, two coxswains at large, and two ap- prentice fish-culturists. (Apr. 28, 1922, ch. 153, § 2, 42 Stat. 501.)