§ 2902. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2902]
TITLE 16--CONSERVATION
CHAPTER 49--FISH AND WILDLIFE CONSERVATION
Sec. 2902. Definitions
As used in this chapter--
(1) The term ``approved conservation plan'' means the
conservation plan of a State approved by the Secretary pursuant to
section 2904(a) of this title.
(2) The term ``conservation plan'' means a plan developed by a
State for the conservation of fish and wildlife which meets the
requirements set forth in section 2903 of this title.
(3) The terms ``conserve'', ``conserving'', and ``conservation''
mean to use, and the use of, such methods and procedures which are
necessary to ensure, to the maximum extent practicable, the well
being and enhancement of fish and wildlife and their habitats for
the ecological, educational, esthetic, cultural, recreational, and
scientific enrichment of the public. Such methods and procedures may
include, but are not limited to, any activity associated with
scientific resources management, such as research, census, law
enforcement, habitat acquisition, maintenance, development,
information education, population manipulation, propagation,
technical assistance to private landowners, live trapping, and
transplantation.
(4) The term ``designated State agency'' means the commission,
department, division, or other agency of a State which has primary
legal authority for the conservation of fish and wildlife. If any
State has placed such authority in more than one agency, such term
means each such agency acting with respect to its assigned
responsibilities but such agencies, for purposes of this chapter,
shall submit a single conservation plan.
(5) The term ``fish and wildlife'' means wild vertebrate animals
that are in an unconfined state, including, but not limited to,
nongame fish and wildlife.
(6) The term ``nongame fish and wildlife'' means wild vertebrate
animals that are in an unconfined state and that--
(A) are not ordinarily taken for sport, fur, or food, except
that if under applicable State law, any of such animals may be
taken for sport, fur, or food in some, but not all, areas of the
State, any of such animals within any area of the State in which
such taking is not permitted may be deemed to be nongame fish
and wildlife;
(B) are not listed as endangered species or threatened
species under the Endangered Species Act of 1973 (16 U.S.C.
1531-1543); and
(C) are not marine mammals within the meaning of section
1362(5) \1\ of this title.
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\1\ See References in Text note below.
Such term does not include any domesticated species that has
reverted to a feral existence.
(7) The term ``Secretary'' means the Secretary of the Interior.
(8) The term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, the Trust Territory of the Pacific
Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 96-366, Sec. 3, Sept. 29, 1980, 94 Stat. 1323.)
References in Text
The Endangered Species Act of 1973, referred to in par. (6)(B), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
Section 1362(5) of this title, referred to in par. (6)(C), was
redesignated section 1362(6), by Pub. L. 102-582, title IV, Sec. 401(a),
Nov. 2, 1992, 106 Stat. 4909.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
