13. COLUMBIA RIVER FISHERY DEVELOPMENT (MITCHELL ACT) Act of May 11, 1938 (52 Stat. 345), as amended (16 U.S.C. 755–757) SALMON-CULTURAL STATIONS; ESTABLISHMENT; EXPENDITURE OF FUNDS SECTION 1. The Secretary of the Interior is authorized and directed to establish one or more salmon-cultural stations in the Columbia River Basin in each of the States of Oregon, Washington, and Idaho. Any sums appropriated for the purpose of establishing such stations may be expended, and such stations shall be established, operated, and maintained, in accordance with the provisions of the Act entitled "An Act to provide for a five-year construction and maintenance program for the United States Bureau of Fisheries", approved May 21, 1930, c. 306, 46 Stat. 371, insofar as the provisions of such Act are not inconsistent with the provisions of this Act. (May 11, 1938, c. 193, § 1, 52 Stat. 345; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4. F.R. 2731, 53 Stat. 1433.) HISTORICAL NOTE Transfer of Functions.-All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff, May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code. 1939 Reorg. Plan No. II, which is set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees, transferred the Bureau of Fisheries in the Department of Commerce and its functions to the Department of the Interior, to be administered under the direction and supervision of the Secretary of the Interior. INVESTIGATIONS, SURVEYS, AND EXPERIMENTS; CONSTRUCTION AND INSTALLATION OF CONSERVATION DEVICES, ETC. SEC. 2. The Secretary of the Interior is further authorized and directed (1) to conduct such investigations, and such engineering and biological surveys and experiments, as may be necessary to direct and facilitate conservation of the fishery resources of the Columbia River and its tributaries; (2) to construct and install devices in the Columbia River Basin for the improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects, and for facilitating free migration of fish over obstructions; and (3) to perform all other activities necessary for the conservation of fish in the Columbia River Basin in accordance with law. (May 11, 1938, c. 193, § 2, 52 Stat. 345; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 8, 1946, c. 883, § 1, 60 Stat. 932.) HISTORICAL NOTE 1946 Amendment.-Act Aug. 8, 1946, amended section by deleting the requirement to maintain conservation devices, etc. UTILIZATION OF STATE SERVICES; EXPENDITURE OF FUNDS SEC. 3. In carrying out the authorizations and duties imposed by section 2 of this Act, the Secretary of the Interior is authorized to utilize the facilities and services of the agencies of the States of Oregon, Washington, and Idaho responsible for the conservation of the fish and wildlife resources in such States, under the terms of agreements entered into between the United States and these States, without regard to the provisions of section 3709 of the Revised Satutes, and funds appropriated to carry out the purposes of this Act may be expended for the construction of facilities on and the improvement of lands not owned or controlled by the United States: Provided, That the appropriate agency of the State wherein such construction or improvement is to be carried on first shall have obtained without cost to the United States the necessary title to, interest therein, rights-of-way over, or licenses covering the use of such lands. (May 11, 1938, c. 193, § 3, 52 Stat. 345; Aug. 8, 1946, c. 883, § 2, 60 Stat. 932.) HISTORICAL NOTE 1946 Amendment.-Act Aug. 8, 1946, amended section generally to provide for the utilization of States services, and for the expenditure of funds for the construction of facilities and improvements on lands not owned by the United States. 14. SHELLFISHERIES RESEARCH CENTER Act of August 30, 1961 (75 Stat. 409; 16 U.S.C. 760h-760i) SHELLFISHERIES RESEARCH CENTER; ESTABLISHMENT; PURPOSE SECTION 1. The Secretary of the Interior, acting through the United States Fish and Wildlife Service, is authorized and directed to construct at Milford, Connecticut, a research center for shellfisheries production and for such purpose acquire such real property as many be necessary. Such research center shall consist of research facilities, a pilot hatchery including rearing tanks and ponds, and a training school, and shall be used for the conduct of basic research on the physiology and ecology of commercial shellfish, the development of hatchery methods for cultivation of mollusks, including the development of principles that can be applied to the utilization of artificial and natural salt water ponds for shellfish culture, and to train persons in the most advanced methods of shellfish culture. (Pub. L. 87-173, § 1, Aug. 30, 1961, 75 Stat. 409.) AUTHORIZATION OF APPROPRIATIONS SEC. 2. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $1,325,000 to carry out this Act. (Pub. L. 87-173, § 2, Aug. 30, 1961, 75 Stat. 409.) 175 M. Authorities relating to fishery research, studies, and propagation 1. RESEARCH INTO THE DIMINUTION OF FOOD FISHES AND RESEARCH IN LESSENING DAMAGE DONE BY FISHES Act of February 9, 1871 (16 Stat. 594), as amended (16 U.S.C. 744–745) INVESTIGATIONS; FISH PROPAGATION; INVESTIGATIONS OF DAMAGES BY PREDACIOUS FISHES The Director of the Fish and Wildlife Service shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. He shall submit annually to Congress at the beginning of each session a detailed statement of expenditures under all appropriations for "propagation of food fishes." He is authorized and directed to conduct investigations and experiments for the purpose of ameliorating the damage wrought to the fisheries by dogfish and other predacious fishes and aquatic animals. Said investigations and experiments shall be such as to develop the best and cheapest means of taking such fishes and aquatic animals, of utilizing them for economic purposes, especially for food, and to encourage the establishment of fisheries and markets for them. The heads of the several executive departments shall cause to be rendered all necessary and practicable aid to the Director in the prosecution of his investigations and inquiries. (R.S. §§ 4396, 4397; Mar. 3, 1887, c. 362, 24 Stat. 523; June 21, 1916, c. 160, §§ 1, 2, 39 Stat. 232; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232.) HISTORICAL NOTE Derivation.-R.S. §§ 4396 and 4397 were derived from Res. Feb. 9, 1871, No. 22 §§ 2, and 3, 16 Stat. 594. The provisions of these sections were as follows: "SEC. 4396. The Commissioner of fish and fisheries shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food-fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. "SEC. 4397. The heads of the several Executive Departments shall cause to be rendered all necessary and practicable aid to the commissioner in the prosecution of his investigations and inquiries." POWERS OF DIRECTOR The Director of the Fish and Wildlife Service 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.Ř. 2108, 54 Stat. 1232.) HISTORICAL NOTE Derivation.-R.S. § 4398 was derived from Res. Feb. 9, 1871, No. 22, § 4, 16 Stat. 594. The provision was as follows: "SEC. 4398. The commissioner 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." Survey of Marine and Fresh-Water Resources.-The Act of May 11, 1944 (58 Stat. 220) authorized such a one-year study. This temporary authority is as follows: "JOINT RESOLUTION "Authorizing and directing the Fish and Wildlife Service of the De- "Whereas the fishery resources of the United States and its "Whereas despite the magnitude of these fishery resources and the economic importance of the fishing industry, the United States has failed to develop, to utilize, and to conserve her marine and fresh-water fishery resources to the fullest possible extent and to a degree commensurate with the development, utilization, and conservation of the resources of the land: and "Whereas the wartime demands for fishery products as food, for fishery byproducts for industrial uses, and upon the fisheries as a recreational pursuit, far exceed even the most optimistic production estimates; and |