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§ 745. —  Powers of Secretary.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 16USC745]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 9--FISH AND WILDLIFE SERVICE
 
Sec. 745. Powers of Secretary

    The Secretary of the Interior or the Secretary of Commerce, as 
appropriate, may take or cause to be taken at all times, in the waters 
of the seacoast of the United States, where the tide ebbs and flows, and 
also in the waters of the lakes, such fish or specimens thereof as may 
in his judgment, from time to time, be needful or proper for the conduct 
of his duties, any law, custom, or usage of any State to the contrary 
notwithstanding.

(R.S. Sec. 4398; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 
F.R. 2108, 54 Stat. 1232; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 
F.R. 15627, 84 Stat. 2090.)

                          Codification

    R.S. Sec. 4398 derived from Res. Feb. 9, 1871, No. 22, Sec. 4, 16 
Stat. 594.

                          Transfer of Functions

    Secretary of the Interior or Secretary of Commerce, as appropriate, 
substituted for Director of Fish and Wildlife Service in view of 
transfer of functions by Reorg. Plan No. 4 of 1970, see note set out 
under section 744 of this title.
    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.
    Transfer and consolidation of bureaus and functions, see note set 
out under section 742 of this title.



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