§ 668ee. — 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: 16USC668ee]
TITLE 16--CONSERVATION
CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER III--ENDANGERED SPECIES OF FISH AND WILDLIFE
Sec. 668ee. Definitions
For purposes of this Act:
(1) The term ``compatible use'' means a wildlife-dependent
recreational use or any other use of a refuge that, in the sound
professional judgment of the Director, will not materially interfere
with or detract from the fulfillment of the mission of the System or
the purposes of the refuge.
(2) The terms ``wildlife-dependent recreation'' and ``wildlife-
dependent recreational use'' mean a use of a refuge involving
hunting, fishing, wildlife observation and photography, or
environmental education and interpretation.
(3) The term ``sound professional judgment'' means a finding,
determination, or decision that is consistent with principles of
sound fish and wildlife management and administration, available
science and resources, and adherence to the requirements of this Act
and other applicable laws.
(4) The terms ``conserving'', ``conservation'', ``manage'',
``managing'', and ``management'', mean to sustain and, where
appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance with applicable
Federal and State laws, methods and procedures associated with
modern scientific resource programs. Such methods and procedures
include, consistent with the provisions of this Act, protection,
research, census, law enforcement, habitat management, propagation,
live trapping and transplantation, and regulated taking.
(5) The term ``Coordination Area'' means a wildlife management
area that is made available to a State--
(A) by cooperative agreement between the United States Fish
and Wildlife Service and a State agency having control over
wildlife resources pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III
of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C.
1010 et seq.).
(6) The term ``Director'' means the Director of the United
States Fish and Wildlife Service or a designee of that Director.
(7) The terms ``fish'', ``wildlife'', and ``fish and wildlife''
mean any wild member of the animal kingdom whether alive or dead,
and regardless of whether the member was bred, hatched, or born in
captivity, including a part, product, egg, or offspring of the
member.
(8) The term ``person'' means any individual, partnership,
corporation, or association.
(9) The term ``plant'' means any member of the plant kingdom in
a wild, unconfined state, including any plant community, seed, root,
or other part of a plant.
(10) The terms ``purposes of the refuge'' and ``purposes of each
refuge'' mean the purposes specified in or derived from the law,
proclamation, executive order, agreement, public land order,
donation document, or administrative memorandum establishing,
authorizing, or expanding a refuge, refuge unit, or refuge subunit.
(11) The term ``refuge'' means a designated area of land, water,
or an interest in land or water within the System, but does not
include Coordination Areas.
(12) The term ``Secretary'' means the Secretary of the Interior.
(13) The terms ``State'' and ``United States'' mean the several
States of the United States, Puerto Rico, American Samoa, the Virgin
Islands, Guam, and the territories and possessions of the United
States.
(14) The term ``System'' means the National Wildlife Refuge
System designated under section 668dd(a)(1) of this title.
(15) The terms ``take'', ``taking'', and ``taken'' mean to
pursue, hunt, shoot, capture, collect, or kill, or to attempt to
pursue, hunt, shoot, capture, collect, or kill.
(Pub. L. 89-669, Sec. 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105-57,
Sec. 3(a), Oct. 9, 1997, 111 Stat. 1253.)
References in Text
This Act, referred to in text, means Pub. L. 89-669, Oct. 15, 1966,
80 Stat. 927, as amended, which enacted sections 668aa to 668ee, amended
sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed
sections 715d-1, 715d-2, 715l, 715m of this title. For complete
classification of this Act to the Code, see Tables.
The Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is
act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the
Act is classified generally to subchapter III (Sec. 1010 et seq.) of
chapter 33 of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 1000 of
Title 7 and Tables.
Amendments
1997--Pub. L. 105-57 inserted section catchline and amended text
generally. Prior to amendment, text read as follows:
``(a) The term `person' as used in this Act means any individual,
partnership, corporation, or association.
``(b) The terms `take' or `taking' or `taken' as used in this Act
mean to pursue, hunt, shoot, capture, collect, kill, or attempt to
pursue, hunt, shoot, capture, collect, or kill.
``(c) The terms `State' and the `United States' as used in this Act
mean the several States of the United States, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, and Guam.''
Section Referred to in Other Sections
This section is referred to in sections 410hhh-4, 459j-4, 742f,
3125, 3212 of this title; title 23 section 204.
