§ 4402. — 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: 16USC4402]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4402. Definitions
For the purposes of this chapter:
(1) The term ``Agreement'' means the Tripartite Agreement signed
in March 1988, by the Director General for Ecological Conservation
of Natural Resources of Mexico, the Director of the Canadian
Wildlife Service, and the Director of the United States Fish and
Wildlife Service.
(2) The term ``appropriate Committees'' means the Committee on
Environment and Public Works of the United States Senate and the
Committee on Resources of the House of Representatives.
(3) The term ``flyway'' means the four administrative units used
by the United States Fish and Wildlife Service and the States in the
management of waterfowl populations.
(4) The term ``Migratory Bird Conservation Commission'' means
that commission established by section 715a of this title.
(5) The term ``migratory birds'' means all wild birds native to
North America that are in an unconfined state and that are protected
under the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.],
including ducks, geese, and swans of the family Anatidae, species
listed as threatened or endangered under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), and species defined as nongame
under the Fish and Wildlife Conservation Act of 1980 (16 U.S.C.
2901-2912).
(6) The term ``Plan'' means the North American Waterfowl
Management Plan signed by the Minister of the Environment for Canada
and the Secretary of the Interior for the United States in May 1986,
and by the Secretary of Sedesol for Mexico in 1994, and subsequent
dates.
(7) The term ``Secretary'' means the Secretary of the Interior.
(8) The term ``State'' 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.
(9) The term ``wetlands conservation project'' means--
(A) the obtaining of a real property interest in lands or
waters, including water rights, of a wetland ecosystem and
associated habitat if the obtaining of such interest is subject
to terms and conditions that will ensure that the real property
will be administered for the long-term conservation of such
lands and waters and the migratory birds and other fish and
wildlife dependent thereon;
(B) the restoration, management, or enhancement of wetland
ecosystems and associated habitat for migratory birds and other
fish and wildlife species if such restoration, management, or
enhancement is conducted on lands and waters that are
administered for the long-term conservation of such lands and
waters and the migratory birds and other fish and wildlife
dependent thereon; and
(C) in the case of projects undertaken in Mexico, includes
technical training and development of infrastructure necessary
for the conservation and management of wetlands and studies on
the sustainable use of wetland resources.
(Pub. L. 101-233, Sec. 3, Dec. 13, 1989, 103 Stat. 1969; Pub. L. 107-
308, Secs. 4, 8(a)(3)-(5), Dec. 2, 2002, 116 Stat. 2446, 2447.)
References in Text
The Migratory Bird Treaty Act, referred to in par. (5), is act July
3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
710 of this title and Tables.
The Endangered Species Act of 1973, referred to in par. (5), 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.
The Fish and Wildlife Conservation Act of 1980, referred to in par.
(5), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322, as amended, which
is classified generally to chapter 49 (Sec. 2901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2901 of this title and Tables.
Amendments
2002--Par. (2). Pub. L. 107-308, Sec. 8(a)(3), substituted
``Committee on Resources of the House of Representatives'' for
``Committee on Merchant Marine and Fisheries of the United States House
of Representatives''.
Par. (5). Pub. L. 107-308, Sec. 8(a)(4), inserted ``of 1973'' after
``Endangered Species Act''.
Par. (6). Pub. L. 107-308, Sec. 8(a)(5), inserted ``, and by the
Secretary of Sedesol for Mexico in 1994, and subsequent dates'' after
``1986''.
Par. (9)(A). Pub. L. 107-308, Sec. 4(1), inserted ``of a wetland
ecosystem and associated habitat'' after ``including water rights,''.
Par. (9)(B). Pub. L. 107-308, Sec. 4(2), substituted ``and
associated habitat'' for ``and other habitat''.
