§ 744. — Investigations; fish propagation; investigations of damages by predacious fishes; executive assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC744]
TITLE 16--CONSERVATION
CHAPTER 9--FISH AND WILDLIFE SERVICE
Sec. 744. Investigations; fish propagation; investigations of
damages by predacious fishes; executive assistance
The Secretary of the Interior or the Secretary of Commerce, as
appropriate, shall prosecute investigations and inquiries on the
subject, with the view of ascertaining whether any and what diminution
in the number of the food fishes of the coast and the lakes of the
United States has taken place; and, if so, to what causes the same is
due; and also whether any and what protective, prohibitory, or
precautionary measures should be adopted in the premises; and shall
report upon the same to Congress. He is authorized and directed to
conduct investigations and experiments for the purpose of ameliorating
the damage wrought to the fisheries by dogfish and other predacious
fishes and aquatic animals. Said investigations and experiments shall be
such as to develop the best and cheapest means of taking such fishes and
aquatic animals, of utilizing them for economic purposes, especially for
food, and to encourage the establishment of fisheries and markets for
them.
The heads of the several executive departments shall cause to be
rendered all necessary and practicable aid to the Secretary in the
prosecution of his investigations and inquiries.
(R.S. Secs. 4396, 4397; Mar. 3, 1887, ch. 362, 24 Stat. 523; June 21,
1916, ch. 160, Secs. 1, 2, 39 Stat. 232; 1939 Reorg. Plan No. II,
Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940
Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat.
1232; 1950 Reorg. Plan No. 3, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
3174, 62 Stat. 1262; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090; Pub. L. 96-470, title I, Sec. 101(c), Oct. 19,
1980, 94 Stat. 2237.)
Codification
R.S. Sec. 4396 derived from Res. Feb. 9, 1871, No. 22, Sec. 2, 16
Stat. 594.
R.S. Sec. 4397 derived from Res. Feb. 9, 1871, No. 22, Sec. 3, 16
Stat. 594.
Amendments
1980--Pub. L. 96-470 struck out provision requiring a detailed
statement of expenditures under all appropriations for ``propagation of
fishes'' be submitted annually to Congress at the beginning of each
session.
Transfer of Functions
Secretary of the Interior or Secretary of Commerce, as appropriate,
and Secretary substituted for Director of Fish and Wildlife Service and
Director 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
Department of the Interior and Office of Director of such Bureau;
transfers of functions, including functions formerly vested by law in
Secretary of the Interior or Department of the Interior 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.
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.
Reorg. Plan No. III of 1940, Sec. 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government
Organization and Employees, consolidated Bureau of Fisheries and Bureau
of Biological Survey into one agency in Department of the Interior to be
known as Fish and Wildlife Service. It was further provided that
functions of consolidated agency should be administered under direction
and supervision of Secretary of the Interior by a director and
assistants, and that offices of Commissioner and Deputy Commissioner of
Fisheries and offices of Chief and Associate Chief of Bureau of
Biological Survey should be abolished and their functions transferred to
consolidated agency.
Reorg. Plan No. II of 1939, Sec. 4(e), (f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5,
transferred Bureau of Fisheries in Department of Commerce and its
functions, and Bureau of Biological Survey in Department of Agriculture
and its functions, to Department of the Interior, to be administered
under direction and supervision of Secretary of the Interior.
Survey of Marine and Fresh-Water Resources
Act May 11, 1944, ch. 195, 58 Stat. 220, which expired January 1,
1945, provided for a comprehensive survey of all marine, fresh-water,
and other aquatic resources of the United States, its Territories, and
possessions; and for a report on survey, together with recommendations
to Congress. It also appropriated $20,000 to carry out the purposes of
the act.
