G. Reorganization affecting fish and wildlife administration Act of March 3, 1849 (9 Stat. 395), as amended (5 U.S.C. 481 and 485) ESTABLISHMENT-DEPARTMENT OF THE INTERIOR There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. (R.S. § 437) * * * DUTIES OF SECRETARY * * The Secretary of the Interior is charged with the supervision of public business relating to the following subjects and agencies: Reorganization Plan No. II (53 Stat. 1431; 5 U.S.C. 133t) Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 9, 1939, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939. SEC. 4. Department of the Interior.-Transfer, consolidations, and abolitions relating to the Department of the Interior are hereby effected as follows: (e) Bureau of Fisheries.-The Bureau of Fisheries in the Department of Commerce and its functions are hereby transferred to the Department of the Interior and shall be administered in that Department under the direction and supervision of the Secretary of the Interior. The functions of the Secretary of Commerce relating to the protection of fur seals and other fur-bearing animals, to the supervision of the Pribilof Islands and the care of the natives thereof, and to the Whaling Treaty Act, are hereby transferred to, and shall be exercised by, the Secretary of the Interior. (f) Bureau of Biological Survey.-The Bureau of Biological Survey in the Department of Agriculture and its functions are hereby transferred to the Department of the Interior and shall be administered in that Department under the direction and supervision of the Secretary of the Interior. The functions of the Secretary of Agriculture relating to the conservation of wild life, game, and migratory birds are hereby transferred to, and shall be exercised by, the Secretary of the Interior. The provisions of the Act of May 18, 1934 (c. 299, 48 Stat. 780), as amended by the Act of February 8, 1936 (c. 40, 49 Stat. 1105), insofar as they relate to officers or employees of the Department of Agriculture designated by the Secretary of Agriculture to enforce any act of Congress for the protection, preservation or restoration of game and other wild life and animals shall apply to officers and employees of the Department of the Interior designated by the Secretary of the Interior to exercise and discharge such duties. (g) Officers of Biological Survey May Administer Oaths.-The provisions of the Act of January 31, 1925 (c. 124, 43 Stat. 803), shall be applicable to such officers, agents, or employees of the Department of the Interior performing functions of the Bureau of Biological Survey as are designated by the Secretary of the Interior for the purposes named in the Act. (h) Migratory Bird Conservation Commission.-The Secretary of the Interior shall be chairman of the Migratory Bird Conservation Commission, and the Secretary of Agriculture shall be a member thereof. * Reorganization Plan No. III (54 Stat. 1231; 5 U.S.C. 133t) Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 2, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939. SEC. 3. Fish and Wildlife Service.-The Bureau of Fisheries and the Bureau of Biological Survey in the Department of the Interior with their respective functions are consolidated into one agency in the Department of the Interior to be known as the Fish and Wildlife Service. The functions of the consolidated agency shall be administered under the direction and supervision of the Secretary of the Interior by a Director and not more than two Assistant Directors, who shall be appointed by the Secretary and perform such duties as he shall prescribe. The offices of Commissioner and Deputy Commissioner of Fisheries and the offices of Chief and Associate Chief of the Bureau of Biological Survey are abolished and their functions transferred to the consolidated agency. CROSS REFERENCE See Fish and Wildlife Act of 1956 (supra) for later reorganization. H. Special reservations for protection of game and fish Act of August 11, 1916 (39 Stat. 476), as amended (16 U.S.C. 683) AREAS SET ASIDE FOR PROTECTION OF GAME AND FISH; UNLAWFULLY TAKING GAME OR FISH The President of the United States is hereby authorized to designate such areas on any lands which have been, or which may hereafter be, purchased by the United States under the provisions of the Act of March first, nineteen hunded and eleven (Thirty-sixth Statutes at Large, page nine hundred and sixty-one), entitled "An Act to enable any State to cooperate with any other State or States, or with the United States, for the protection of watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable streams," and Acts supplementary thereto and amendatory thereof, as should, in his opinion, be set aside for the protection of game animals, birds, or fish; and, except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe, it shall be unlawful for any person to hunt, catch, trap, willfully disturb or kill any kind of game animal, game or nongame bird, or fish, or take the eggs of any such bird on any lands so set aside, or in or on the waters thereof. (Aug. 11, 1916, c. 313, 39 Stat. 476; June 25, 1948, c. 645, § 10, 62 Stat. 860.) HISTORICAL NOTE 1948 Amendment.-Act June 25, 1948, amended section by omitting penal provisions which are covered by section 41 of Title 18, Crimes and Criminal Procedure, and by inserting provision relating to the unlawfulness in hunting, catching, etc. game animals, etc., under rules and regulations of Secretary of Agriculture. Effective Date of 1948 Amendment.-Section 20 of Act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948. 1 See sections 480, 500, 513-519, and 521 of Title 16 U.S. Code. 34 PART II FISH AND FISHERIES A. Federal aid programs relating to the sport and commercial fisheries 1. FEDERAL AID IN SPORT FISH RESTORATION Popular Names Dingell-Johnson Act and Federal Aid in Fish Restoration Act Act of August 9, 1950 (64 Stat. 430), as amended (16 U.S.C. 777–777k) Table of Contents Sec. 1. Cooperation between Federal government and State; conditions on expenditure of funds. Sec. 2. Definitions. Sec. 3. Appropriations. Sec. 4. Funds available for expenses of investigations and administration; apportionment. Sec. 5. Certification of funds and amounts apportioned; notification by State Sec. 8. Maintenance of projects. Sec. 9. Employment of personnel. Sec. 10. Rules and regulations. Sec. 11. Reports to Congress. Sec. 12. Payment of funds to and cooperation with Puerto Rico, Guam, and the Virgin Islands. Sec. 13. Effective date. COOPERATION BETWEEN FEDERAL GOVERNMENT AND STATE; CONDITIONS ON EXPENDITURE OF FUNDS SECTION 1. The Secretary of the Interior is authorized and directed to cooperate with the States through their respective State fish and game departments in fish restoration and management projects as hereinafter set forth: No money apportioned under this Act to any State, except as hereinafter provided, shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of fish, shall have assented to the provisions of this act and shall have passed laws for the conservation of fish, which shall include a prohibition against the diversion of license fees paid by fishermen for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after passage of this Act, the assent of the governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this Act shall agree upon the fish restoration and management projects to be 41-802-65- 4 aided in such State under terms of this Act, and all projects shall conform to the standards fixed by the Secretary of the Interior. (Aug. 9, 1950, c. 658, § 1, 64 Stat. 430.) HISTORICAL NOTE Assent by Governor of Territory of Hawaii.-Assent of the Governor of the Territory as sufficient until the final adjournment of the first regular session of the legislature of the Territory held after July 2, 1956, see section 5 of Act July 2, 1956, c. 489, 70 Stat. 473. DEFINITIONS SEC. 2.. For the purpose of this Act the term "fish restoration and management projects" shall be construed to mean projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the United States and include (a) such research into problems of fish management and culture as may be necessary to efficient administration affecting fish re sources; (b) the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing and/or natural causes, the necessity of legal regulation of fishing, and the effects of any measures of regulation that are applied; (c) the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans; (d) the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; the term "State fish and game department" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department. (Aug. 9, 1950, c. 658, § 2, 64 Stat. 431; July 2, 1956, c. 489, § 3, 70 Stat. 473; as amended July 12, 1960, § 12, 74 Stat. 413.) HISTORICAL NOTE 1956 Amendment.-Act July 2, 1956, amended section to include the definition of "State." Admission of Hawaii as State.-Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance |