§ 459a-1. — Administration, protection, and development; commercial fishing by residents; hunting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459a-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459a-1. Administration, protection, and development;
commercial fishing by residents; hunting
The administration, protection, and development of the aforesaid
national seashore recreational area shall be exercised under the
direction of the Secretary of the Interior by the National Park Service,
subject to the provisions of sections 1, 2, 3, and 4 of this title, as
amended: Provided, That except as hereinafter provided nothing herein
shall be construed to divest the jurisdiction of other agencies of the
Government exercised on August 17, 1937, over Federal-owned lands within
the area of the said Cape Hatteras National Seashore Recreational Area:
Provided further, That the provisions of the Federal Power Act [16
U.S.C. 791a et seq.], shall not apply to this national seashore
recreational area: And provided further, That the legal residents of
villages referred to in section 459 of this title shall have the right
to earn a livelihood by fishing within the boundaries to be designated
by the Secretary of the Interior, subject to such rules and regulations
as the said Secretary may deem necessary in order to protect the area
for recreational use as provided for in sections 459 to 459a-3 of this
title: And provided further, That hunting shall be permitted, under such
rules and regulations as may be prescribed by the Secretary of the
Interior in conformity with the Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755) [16 U.S.C. 703 et seq.], as follows: (a) Upon the
waters of the sounds included within the national seashore recreational
area, (b) in the area north of the Currituck County line, (c) on
Ocracoke Island, and (d) within not more than two thousand acres of land
in the remaining portion of said national seashore recreational area, as
shall be designated by the Secretary of the Interior; except on lands
and waters included in any existing or future wildlife or migratory bird
refuge and adjacent closed waters.
(Aug. 17, 1937, ch. 687, Sec. 3, 50 Stat. 670; June 29, 1940, ch. 459,
Secs. 1, 2, 54 Stat. 702.)
References in Text
The Federal Power Act, referred to in text, was in the original the
``Act of June 10, 1920, known as the Federal Water Power Act,'' and was
redesignated as the Federal Power Act by section 791a of this title. The
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as
amended, and is classified generally to chapter 12 (Sec. 791a et seq.)
of this title. For complete classification of this Act to the Code, see
section 791a of this title and Tables.
The Migratory Bird Treaty Act of July 3, 1918, referred to in text,
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.
Change of Name
Words ``national seashore recreational area'' substituted in text
for ``national seashore'' pursuant to act June 29, 1940.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 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.
Section Referred to in Other Sections
This section is referred to in sections 459a-2, 459a-3, 459a-5a of
this title.
