§ 742b. — United States Fish and Wildlife Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC742b]
TITLE 16--CONSERVATION
CHAPTER 9--FISH AND WILDLIFE SERVICE
Sec. 742b. United States Fish and Wildlife Service
(a) Assistant Secretary for Fish and Wildlife
There is established within the Department of the Interior the
position of Assistant Secretary for Fish and Wildlife. Such Assistant
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate, and shall be compensated at the same rate as
other Assistant Secretaries.
(b) Establishment; Director of United States Fish and Wildlife Service;
appointment; qualifications
There is established within the Department of the Interior the
United States Fish and Wildlife Service. The functions of the United
States Fish and Wildlife Service shall be administered under the
supervision of the Director, who shall be subject to the supervision of
the Assistant Secretary for Fish and Wildlife. The Director of the
United States Fish and Wildlife Service shall be appointed by the
President, by and with the advice and consent of the Senate. No
individual may be appointed as the Director unless he is, by reason of
scientific education and experience, knowledgeable in the principles of
fisheries and wildlife management.
(c) Succession to United States Fish and Wildlife Service and Bureau of
Sport Fisheries and Wildlife
The United States Fish and Wildlife Service established by
subsection (b) of this section shall succeed to and replace the United
States Fish and Wildlife Service (as constituted on June 30, 1974) and
the Bureau of Sport Fisheries and Wildlife (as constituted on such
date). All laws and regulations in effect on June 30, 1974, which relate
to matters administered by the Department of the Interior through the
United States Fish and Wildlife Service (as constituted on such date)
and the Bureau of Sport Fisheries and Wildlife (as constituted on such
date) shall remain in effect.
(d) Functions and responsibilities of Secretary of the Interior
All functions and responsibilities placed in the Department of the
Interior or any official thereof by this Act shall be included among the
functions and responsibilities of the Secretary of the Interior, as the
head of the Department, and shall be carried out under his direction
pursuant to such procedures or delegations of authority as he may deem
advisable and in the public interest.
(Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120; Pub. L. 87-367, title I,
Sec. 103(14), Oct. 4, 1961, 75 Stat. 788; Pub. L. 87-793,
Sec. 607(a)(5), Oct. 11, 1962, 76 Stat. 849; Pub. L. 93-271, Sec. 1,
Apr. 22, 1974, 88 Stat. 92.)
References in Text
This Act, referred to in subsec. (d), is act Aug. 8, 1956, ch. 1036,
70 Stat. 1119, as amended, known as the Fish and Wildlife Act of 1956,
which is classified generally to sections 742a to 742d and 742e to 742j-
2 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 742a of this title and
Tables.
Amendments
1974--Subsec. (a). Pub. L. 93-271, Sec. 1(1), (2), struck out
provisions relating to the establishment of the position of and the
appointment of the Commissioner of Fish and Wildlife. Provisions for the
establishment of the United States Fish and Wildlife Service within the
Department of the Interior, consisting of the Bureau of Commercial
Fisheries and the Bureau of Sport Fisheries and Wildlife, the
appointment of a Director for each of the Bureaus, and the succession of
the United States Fish and Wildlife Service to the Fish and Wildlife
Service of the Department, were also struck out.
Subsec. (b). Pub. L. 93-271, Sec. 1(3), substituted provisions for
the establishment of the United States Fish and Wildlife Service within
the Department of the Interior, for its administration by a Director
subject to the supervision of the Assistant Secretary for Fish and
Wildlife, the qualifications for and the appointment of the Director,
for provisions relating to the administration of the United States Fish
and Wildlife Service by the Commissioner of Fish and Wildlife subject to
the supervision of the Assistant Secretary for Fish and Wildlife.
Subsecs. (c), (d). Pub. L. 93-271, Sec. 1(3), added subsec. (c) and
redesignated former subsec. (c) as (d). Former subsec. (d), relating to
the distribution of functions, powers, and duties of former Fish and
Wildlife Service, was struck out.
Subsec. (e). Pub. L. 93-271, Sec. 1(3), struck out subsec. (e) which
related to continuation of all laws, rules, and regulations administered
by the Fish and Wildlife Service.
Subsec. (f). Pub. L. 93-271, Sec. 1(3), struck out subsec. (f) which
provided for administrative authority in the Secretary of the Interior
to carry out the provisions of Act Aug. 8, 1956, and for effective
procedure for reorganization.
1962--Subsec. (a). Pub. L. 87-793 struck out provisions which
authorized the Commissioner to receive compensation at the same rate as
that provided for grade GS-18.
1961--Subsec. (a). Pub. L. 87-367 struck out ``at Grades GS-17
each'' after ``by the Secretary''.
Effective Date of 1974 Amendment
Section 3 of Pub. L. 93-271 provided that: ``The amendments made by
this Act [amending this section and section 5316 of Title 5, Government
Organization and Employees] shall take effect on July 1, 1974.''
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 610 of Pub.
L. 87-793.
Transfer of Functions
Transfer of functions to Secretary of Commerce from Secretary of the
Interior in view of: creation of National Oceanic and Atmospheric
Administration in Department of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commercial Fisheries in the
Interior Department and Office of Director of such Bureau; transfers of
functions, including functions formerly vested by law in Secretary of
the Interior or the Interior Department which were administered through
Bureau of Commercial Fisheries or were primarily related to such Bureau,
exclusive of certain enumerated functions with respect to Great Lakes
fishery research, Missouri River Reservoir research, Gulf Breeze
Biological Laboratory, and Trans-Alaska pipeline investigations; and
transfer of marine sport fish program of Bureau of Sport Fisheries and
Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees.
Fees for Training by National Conservation Training Center
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
1996, 110 Stat. 3009-181, 3009-185, as amended by Pub. L. 105-83, title
I, Nov. 14, 1997, 111 Stat. 1547, provided in part: ``That hereafter,
pursuant to 31 U.S.C. 9701, the Secretary shall charge reasonable fees
for the full costs of providing training by the National Conservation
Training Center, to be credited to this account, notwithstanding 31
U.S.C. 3302, for the full costs of providing such training, to remain
available until expended.''
Section Referred to in Other Sections
This section is referred to in section 1534 of this title.
