§ 3743. — 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: 16USC3743]
TITLE 16--CONSERVATION
CHAPTER 57A--PARTNERSHIPS FOR WILDLIFE
Sec. 3743. Definitions
As used in this chapter--
(1) The terms ``conserve'' 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
educational, aesthetic, cultural, recreational, scientific, and
ecological 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.
(2) The term ``designated State agency'' means the government
agency, department, or division of any State that is empowered under
the laws of the State to exercise the functions ordinarily exercised
by a State fish and wildlife agency.
(3) The term ``fish and wildlife'' means wild members of the
animal kingdom that are in an unconfined state.
(4) The term ``Fund'' means the Wildlife Conservation and
Appreciation Fund established under section 3744(g) of this title.
(5) The term ``National Fish and Wildlife Foundation'' means the
charitable and nonprofit corporation established under section 3701
of this title.
(6) The term ``nonconsumptive activities'' means fish and
wildlife associated activities other than harvesting of fish and
wildlife and includes, but is not limited to, photographing,
observing, learning about, or associating with, fish and wildlife.
(7) The term ``Secretary'' means the Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service.
(8) The term ``State'' means any of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the United States Virgin
Islands, or American Samoa.
(9) The term ``wildlife conservation and appreciation project''
means a project which is directed toward nonconsumptive activities
or toward the conservation of those species of fish and wildlife
that--
(A) are not ordinarily taken for recreation, fur, or food;
except that if under applicable State law, any fish and wildlife
may be taken for recreation, fur, or food in some but not all,
areas of the State, a wildlife conservation and appreciation
project may be directed toward the conservation of any of such
fish and wildlife within any area of the State in which such
taking is not permitted;
(B) are not listed as endangered species or threatened
species under the Endangered Species Act of 1973, as amended (16
U.S.C. 1531-1543); and
(C) are not marine mammals within the meaning of section
1362(6) of this title.
(Pub. L. 102-587, title VII, Sec. 7104, Nov. 4, 1992, 106 Stat. 5096;
Pub. L. 103-375, Sec. 6(2), (3), Oct. 19, 1994, 108 Stat. 3495.)
References in Text
The Endangered Species Act of 1973, referred to in par. (9)(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.
Amendments
1994--Par. (2). Pub. L. 103-375, Sec. 6(2)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The term
`designated State agency' means the State fish and wildlife agency,
which shall be construed to mean any department, or any division of any
department of another name, of a State that is empowered under its laws
to exercise the functions ordinarily exercised by a State fish and
wildlife agency.''
Par. (4). Pub. L. 103-375, Sec. 6(2)(B), made technical amendment to
reference to section 3744(g) of this title to correct reference to
corresponding provision of original act.
Par. (8). Pub. L. 103-375, Sec. 6(3)(B), added par. (8). Former par.
(8) redesignated (9).
Pub. L. 103-375, Sec. 6(2)(C), (D), substituted semicolon for period
at end of subpar. (A) and ``section 1362(6)'' for ``section 1362(5)'' in
subpar. (C).
Par. (9). Pub. L. 103-375, Sec. 6(3)(A), redesignated par. (8) as
(9).
