16 U.S.C. § 742h — Reports on fishery products

Page 1310 TITLE 16—CONSERVATION § 742g (B) Consultation required The strategy shall be developed in consulta- tion with State fish and wildlife agencies, In- dian tribes, refuge friends groups or similar volunteer organizations, and other relevant stakeholders. (C) Volunteer coordinators The Director shall provide, subject to the availability of appropriations, no less than one regional volunteer coordinator for each United States Fish and Wildlife Service region to im- plement the strategy published under this paragraph. Such coordinators may be respon- sible for assisting partner organizations in de- veloping and implementing volunteer projects and activities under cooperative agreements under section 742f(d) of this title. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000 for each fis- cal year through fiscal year 2014. (Pub. L. 105–242, § 4(a), Oct. 5, 1998, 112 Stat. 1575; Pub. L. 108–327, § 3, Oct. 16, 2004, 118 Stat. 1271; Pub. L. 111–357, §§ 3, 4(b), Jan. 4, 2011, 124 Stat. 3979, 3981.) Editorial Notes REFERENCES IN TEXT The National Wildlife Refuge System Administration Act of 1966, referred to in par. (1)(C), consists of sec- tions 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927 and is classified to sections 668dd and 668ee of this title. For further details, see Short Title note set out under section 668dd of this title. CODIFICATION Section was formerly set out as a note under section 742f of this title. AMENDMENTS 2011—Pub. L. 111–357, § 3(1), substituted ‘‘National Volunteer Coordination Program’’ for ‘‘Projects’’ in section catchline. Par. (1). Pub. L. 111–357, § 3(2), amended par. (1) gen- erally. Prior to amendment, text read as follows: ‘‘Sub- ject to the availability of appropriations, the Secretary of the Interior shall carry out a project at 2 or more na- tional wildlife refuges or complexes of geographically related refuges in each United States Fish and Wildlife Service region.’’ Par. (2). Pub. L. 111–357, § 3(3), amended par. (2) gen- erally. Prior to amendment, text read as follows: ‘‘Each project shall provide for the employment of a full-time volunteer coordinator for the refuge or complex of geo- graphically related refuges. The volunteer coordinator shall be responsible for recruiting, training, and super- vising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in devel- oping projects and programs under cooperative agree- ments under section 742f(d) of this title and coordi- nating volunteer activities with partner organizations to carry out the projects and programs.’’ Par. (3). Pub. L. 111–357, § 4(b), redesignated par. (4) as (3) and struck out former par. (3) relating to reports. Par. (4). Pub. L. 111–357, § 4(b), redesignated par. (4) as (3). Pub. L. 111–357, § 3(4), substituted ‘‘for each fiscal year through fiscal year 2014’’ for ‘‘for for each fiscal year through fiscal year 2009’’. 2004–Pub. L. 108–327, § 3(1), struck out ‘‘Pilot’’ before ‘‘Projects’’ in section catchline. Par. (1). Pub. L. 108–327, § 3(2), (3), substituted ‘‘project’’ for ‘‘pilot project’’ and struck out ‘‘, but not more than 20 pilot projects nationwide’’ before period at end. Par. (2). Pub. L. 108–327, § 3(2), substituted ‘‘project’’ for ‘‘pilot project’’. Par. (3). Pub. L. 108–327, § 3(4), substituted ‘‘after Oc- tober 16, 2004, and every 3 years thereafter’’ for ‘‘after October 5, 1998’’ and ‘‘projects’’ for ‘‘pilot projects’’. Par. (4). Pub. L. 108–327, § 3(5), substituted ‘‘for each fiscal year through fiscal year 2009’’ for ‘‘each of fiscal years 1999 through 2002’’. § 742g. Cooperation with State Department (a) Representation at international meetings The Secretary shall cooperate to the fullest practicable extent with the Secretary of State in providing representation at all meetings and conferences relating to fish and wildlife in which representatives of the United States and foreign countries participate. The Secretary of State shall designate the Secretary of the Interior or the Assistant Sec- retary for Fish and Wildlife, or a person des- ignated by the Secretary of the Interior to rep- resent the Department of the Interior, as a member of the United States delegation attend- ing such meetings and conferences and also as a member of the negotiating team of any such del- egation. (b) Consultation with officials responsible for technical and economic aid The Secretary of State and all other officials having responsibilities in the fields of technical and economic aid to foreign nations shall con- sult with the Secretary in all cases in which the interests of fish and wildlife are involved, with a view to assuring that such interests are ade- quately represented at all times. (c) International negotiations Notwithstanding any other provision of law, the Secretary shall be represented in all inter- national negotiations conducted by the United States pursuant to section 1351 of title 19, in any case in which fish products are directly affected by such negotiations. (d) Consultation with governmental, private non- profit, and other organizations The Secretary shall consult periodically with the various governmental, private nonprofit, and other organizations and agencies which have to do with any phase of fish and wildlife with respect to any problems that may arise in connection with such fish and wildlife. (Aug. 8, 1956, ch. 1036, § 8, 70 Stat. 1123.) 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. § 742h. Reports on fishery products (a) Repealed. Pub. L. 96–470, title I, § 103(a), Oct. 19, 1980, 94 Stat. 2237. (b) The Secretary is authorized to make a re- port to the President and the Congress, and, when requested by the United States Inter- national Trade Commission in connection with Page 1311 TITLE 16—CONSERVATION § 742j–1 section 1364 of title 19, or when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is authorized to make a re- port to such Commission, concerning the fol- lowing matters with respect to any fishery prod- uct which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product— (1) whether there has been a downward trend in the production, employment in the produc- tion, or prices, or a decline in the sales, of the like or directly competitive product by the do- mestic industry; and (2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry. (Aug. 8, 1956, ch. 1036, § 9, 70 Stat. 1123; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 96–470, title I, § 103(a), Oct. 19, 1980, 94 Stat. 2237.) Editorial Notes REFERENCES IN TEXT Section 1364 of title 19, referred to in subsec. (b), was repealed by Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882. AMENDMENTS 1980—Subsec. (a). Pub. L. 96–470 struck out subsec. (a) which required Secretary of the Interior to make an annual report to Congress with respect to activities of United States Fish and Wildlife Service under this Act, accompanied by appropriate legislative recommenda- tions. 1975—Subsec. (b). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. 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. § 742i. Effect on rights of States and inter- national commissions Nothing in this Act shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act [43 U.S.C. 1301 et seq.] or otherwise provided by law, or to supersede any regulatory authority over fish- eries exercised by the States either individually or under interstate compacts; or (2) to interfere in any manner with the authority exercised by any International Commission established under any treaty or convention to which the United States is a party. (Aug. 8, 1956, ch. 1036, § 10, 70 Stat. 1124.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, known as the Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 742a of this title and Tables. The Submerged Lands Act, referred to in text, is act May 22, 1953, ch. 65, 67 Stat. 29, which is classified gen- erally to subchapters I and II (§§ 1301 et seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Ta- bles. § 742j. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this Act. (Aug. 8, 1956, ch. 1036, § 11, 70 Stat. 1124.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, known as the Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 742a of this title and Tables. § 742j–1. Airborne hunting (a) Prohibition; penalty Any person who— (1) while airborne in an aircraft shoots or at- tempts to shoot for the purpose of capturing or killing any bird, fish, or other animal; or (2) uses an aircraft to harass any bird, fish, or other animal; or (3) knowingly participates in using an air- craft for any purpose referred to in paragraph (1) or (2); shall be fined not more than $5,000 or imprisoned not more than one year, or both. (b) Exception; report of State to Secretary (1) This section shall not apply to any person if such person is employed by, or is an author- ized agent of or is operating under a license or permit of, any State or the United States to ad- minister or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and each such person so operating under a license or permit shall report to the applicable issuing au- thority each calendar quarter the number and type of animals so taken. (2) In any case in which a State, or any agency thereof, issues a permit referred to in paragraph (1) of this subsection, it shall file with the Sec- retary of the Interior an annual report con- taining such information as the Secretary shall prescribe, including but not limited to— (A) the name and address of each person to whom a permit was issued; (B) a description of the animals authorized to be taken thereunder, the number of animals authorized to be taken, and a description of the area from which the animals are author- ized to be taken; (C) the number and type of animals taken by such person to whom a permit was issued; and (D) the reason for issuing the permit. (c) ‘‘Aircraft’’ defined As used in this section, the term ‘‘aircraft’’ means any contrivance used for flight in the air.