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ferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 7426. 742h, 7421, 7421 of this title.

§742g. Cooperation with State Department; representation at international meetings; consultations. (a) 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 Secretary for Fish and Wildlife, or a person designated by the Secretary of the Interior to represent the Department of the Interior, as a member of the United States delegation attending such meetings and conferences and also as a member of the negotiating team of any such delegation.

(b) The Secretary of State and all other officials having responsibilities in the fields of technical and economic aid to foreign nations shall consult 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 adequately represented at all times.

(c) Notwithstanding any other provision of law, the Secretary shall be represented in all international 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) 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.)

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. , set out in the Appendix to Title 5. Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 7420, 742h, 7421, 742) of this title.

§ 742h. Reports to Congress and the President.

(a) The Secretary of the Interior shall make an annual report to the Congress with respect to activities of the United States Fish and Wildlife Service under sections 742a to 742d, and 742e to 742j of this title, and shall make such recommendations for additional legislation as he deems necessary.

(b) The Secretary is authorized to make a report to the President and the Congress, and, when requested by the United States Tariff Commission in connection with section 1364 of Title 19, or when an investigation is made under the Tariff Act of 1930, the Secretary is authorized to make a report to such Commission, concerning the following matters with respect to any fishery product 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 production, or prices, or a decline in the sales, of the like or directly competitive product by the domestic 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.)

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.

The Tariff Act of 1930, referred to in subsec. (b), is classified to chapter 4 of Title 19, Customs Duties.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. , set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 7421, 742) of this title.

§ 7421. Effect on rights of States and international commissions.

Nothing in sections 742a to 742d, and 742e to 742j of this title shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act or otherwise provided by law, or to supersede any regulatory authority over fisheries 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

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convention to which the United States is a party. (Aug. 8, 1956, ch. 1036, § 10, 70 Stat. 1124.)

REFERENCES IN TEXT

The Submerged Lands Act, referred to in the text, is classified to chapter 29 of Title 43, Public Lands.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 FR. 15627, 84 Stat., set out in the Appendix to Title 5. Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research. Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7428, 742b, 742e, 74ch, 742) of this title

$742). Appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 742a to 742d, and 742e to 742) of this title (Aug 8, 1956, ch. 1036, § 11, 70 Stat. 11240) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7424, 742b, 7426,

$76% Management and disposition of vessels and other property sequired and arising out of fishery loans or related type of activities.

For the purpose of facilitating administration of, and protecting the interest of the Government in De Bobbery ban fund established by section 7426 of 1stle and any related type of activities relating 40 Sadenses for which the Department of the Interior sner or may hereafter be responsible the Secretary of de betetzer, notwithstanding any other provision of 20 m dervafter administer, complete, recon228 TVNETNE TVKate, repair maintain, op*** A ANA 2 sell wyn such terms and ax 98 As most advantageous to the 7. S. any meet part of her property BOCAINE DE Nim da dedalt of the Unijed States and $,&f any debbery hen or any related type AJN VN Way of tv meets Th Idi Apivade funds in esch

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EFFECTIVE DATE OF 1949 AMENDMENT

Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

TRANSFER OF FUNCTIONS

Secretary of Transportation has been substituted for Secretary of the Treasury pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury to the Secretary of Transportation. See section 1655(b)(1) of Title 49. Transportation. Section 1655 (b)(2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section. All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to suthorize their performance or the performance of any of his functions, by anv of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950. 15 F. R 4935. 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Coast Guard, referred to in this section, was generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard and of the Commandant thereof, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14. Coast Guard.

See also, notes under former sections 741 and 742 of this title.

$744. Investigations: fish propagation: annual statement of expenditures: investigations of damages by predacions fishes: executive assistance. The Director of the Fish and Wildlife Service shall prosecute investigations and inquiries on the subjeet, 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 doe and also whether any and what protective, prohibitory or precautionary measures should be adopted in the premises; and shall report upon the sme to Con Besat schmit annually to Con $700 $1 12 being of each session a detailed statement of pendreres under all appropriations for propansion of fod fcb He is authorized and dread se ondan restications and experimes fr Y CAN If smehorsting the damage **WYNN Kes & dish and other predaNAWADE SOUSTAO Anak Sad investigations * "zers shade such as to develop the best AN CHUN rests I taking such fishes and $V$42 $7..mak & lang them for economic NARY AWIY fr fod and to encourage the #ad's & Aves and markets for them. Wir he sees erative departments we, & mores & decessary and practiNde se v i dwa the prosecution of

his investigations and inquiries. (R. S. §§ 4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June 21, 1916, ch. 160, §§ 1, 2, 39 Stat. 232; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232.) DERIVATION

R. S. § 4396 was from Res. Feb. 9, 1871, No. 22, § 2, 16 Stat. 594.

R. S. § 4397 was from Res. Feb. 9, 1871, No. 22, § 3, 16 594.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix

to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees.

Transfer and consolidation of bureaus and functions, see notes under former sections 741 and 742 of this title. 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.

$ 745. 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. R. 2108, 54 Stat. 1232.)

DERIVATION

Res. Feb. 9, 1871, No. 22, § 4, 16 Stat. 594.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees.

Transfer and consolidation of bureaus and functions, see notes under former sections 741 and 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 United States Coast and Geodetic 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.) TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5. Government Organization and Employees. All personnel (including commissioned officers) of the Survey and all property held or used by the Survey were deemed transferred to the Administration, and all functions of the Survey, not previously transferred by 1950 Reorg. Plan No. 5, were transferred to the Secretary of Commerce.

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such officers, agencies and emplovees, by 1950 Reorg. Plan No. 3, §§ 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 notes under former sections 741 and 742 of this title. § 747. Vessels of bureau; commutation of rations of officers and crews.

CODIFICATION

Section, act Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; act Jan. 5, 1923, ch. 24, title I, 42 Stat. 1125; act May 28, 1924, ch. 204, title III, 43 Stat. 238; act Feb. 27, 1925, ch. 364, title III, 43 Stat. 1047 was provision of an appropriation act which was confined to specific appropriations.

§ 748. Expenditure of appropriations for propagation 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 judgment 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 operations, and all fishing and other operations necessary 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.

convention to which the United States is a party. (Aug. 8, 1956, ch. 1036, § 10, 70 Stat. 1124.)

REFERENCES IN TEXT

The Submerged Lands Act, referred to in the text, is classified to chapter 29 of Title 43, Public Lands.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 742h, 742) of this title.

§ 742j. Appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 742a to 742d, and 742e to 742j of this title. (Aug. 8, 1956, ch. 1036, § 11, 70 Stat. 1124.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 742h, 7421 of this title.

§ 742k. Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities.

For the purpose of facilitating administration of, and protecting the interest of the Government in, the fishery loan fund established by section 742c of this title and any related type of activities relating to fisheries for which the Department of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provision of law, may hereafter administer, complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advantageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Secretary of the Interior. The Secretary may use any of the applicable funds in each particular instance for the aforesaid purposes. (Pub. L. 87-219, Sept. 13, 1961, 75 Stat. 493.)

§ 743. Details from Coast Guard.

The Secretary of Transportation is authorized to detail from time to time for duty under the Director of the Fish and Wildlife Service any officers and men of the Coast Guard whose services can be spared for such duty. (Mar. 3, 1885, ch. 360, 23 Stat. 494; Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561.)

AMENDMENTS

1949-Act Aug. 4, 1949, reestablished the Coast Guard and repealed act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

TRANSFER OF FUNCTIONS

Secretary of Transportation has been substituted for Secretary of the Treasury pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury to the Secretary of Transportation. See section 1655 (b)(1) of Title 49, Transportation. Section 1655 (b) (2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section. All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such officers, agencies, and emplovees, by 1950 Reorg. Plan No. 3, §§ 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.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1. 2, eff. July 31, 1950. 15 F. R. 4935. 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Coast Guard, referred to in this section, was generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

See, also, notes under former sections 741 and 742 of this title.

§ 744. Investigations: fish propagation; annual statement of expenditures; investigations of damages by predacious fishes; executive assistance. 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 Con gress 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 acquatic 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, ch. 362, 24 Stat. 523; June 21, 1916, ch. 160, §§ 1, 2, 39 Stat. 232; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232.)

DERIVATION

R. S. § 4396 was from Res. Feb. 9, 1871, No. 22, § 2, 16 Stat. 594.

R. S. § 4397 was from Res. Feb. 9, 1871, No. 22, § 3, 16 594.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees,

Transfer and consolidation of bureaus and functions, see notes under former sections 741 and 742 of this title. 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.

$ 745. 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. R. 2108, 54 Stat. 1232.)

DERIVATION

Res. Feb. 9, 1871, No. 22, § 4, 16 Stat. 594.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees.

Transfer and consolidation of bureaus and functions, see notes under former sections 741 and 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 United States Coast and Geodetic 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.) TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30. 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Cominerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. All personnel (including commissioned officers) of the Survey and all property held or used by the Survey were deemed transferred to the Administration, and all functions of the Survey, not previously transferred by 1950 Reorg. Plan No. 5, were transferred to the Secretary of Commerce.

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 the Appendix to Title 5, Government Organization and Employees.

Transfer and consolidation of bureaus and functions, see notes under former sections 741 and 742 of this title. § 747. Vessels of bureau; commutation of rations of officers and crews.

CODIFICATION

Section, act Mar. 28, 1922, ch. 117, title I, 42 Stat. 484; act Jan. 5, 1923, ch. 24, title I, 42 Stat. 1125; act May 28, 1924, ch. 204, title III, 43 Stat. 238; act Feb. 27, 1925, ch. 364, title III, 43 Stat. 1047 was provision of an appropriation act which was confined to specific appropriations.

§ 748. Expenditure of appropriations for propagation 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 judgment 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 operations, and all fishing and other operations necessary 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.

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