§ 3743. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Partnerships for Wildlife Act

   Pub. L. 102–587 title VII § 7104 · 106 Stat. 5039

   Enacted · 16 U.S.C. § 3743

   Pub. L. 102–587, title VII, § 7104, Nov. 4, 1992, 106 Stat. 5096

   Source evidence

   Code source credit
   Pub. L. 102–587, title VII, § 7104, Nov. 4, 1992, 106 Stat. 5096

   Enacted provision · exact public law section
   SEC. 7104. DEFINITIONS. As used in this title— (1) The terms “conserve” and “conservation” mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well-being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public. Such methods and procedures may include, but are not limited to, any activity associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, maintenance, development, information, education, population manipulation, propagation, technical assistance to private land-owners, live trapping, and transplantation. (2) The term “designated State agency” means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency. (3) The term “fish and wildlife” means wild members of the animal kingdom that are in an unconfined state. (4) The term “Fund” means the Wildlife Conservation and Appreciation Fund established under section 5(f) of this Act. (5) The term “National Fish and Wildlife Foundation” means the charitable and nonprofit corporation established under section 2 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701). (6) The term “nonconsumptive activities” means fish and wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, fish and wildlife. (7) The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (8) The term “wildlife conservation and appreciation project” means a project which is directed toward nonconsumptive activities or toward the conservation of those species of fish and wildlife that— (A) are not ordinarily taken for recreation, fur, or food; except that if under applicable State law, any fish and wildlife may be taken for recreation, fur, or food in some but not all, areas of the State, a wildlife conservation and appreciation project may be directed toward the conservation of any of such fish and wildlife within any area of the State in which such taking is not permitted. (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531–1543); and (C) are not marine mammals within the meaning of section 3(5) of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1362(5)).

2. 1994

   North American Wetlands Conservation Act Amendments of 1994

   Pub. L. 103–375 § 6(2)(A) · 108 Stat. 3494

   Amended · 16 U.S.C. § 3743(2)

   Pub. L. 103–375, § 6(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘designated State agency’ means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 103–375, § 6(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘designated State agency’ means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.”

   Enacted provision · exact public law section
   (A) by amending paragraph (2) to read as follows: “(2) The term ‘designated State agency’ means the government agency, department, or division of any State that is empowered under the laws of the State to exercise the functions ordinarily exercised by a State fish and wildlife agency.”;

3. 1994

   North American Wetlands Conservation Act Amendments of 1994

   Pub. L. 103–375 § 6(2)(B) · 108 Stat. 3494

   Changed · 16 U.S.C. § 3743(4)

   Pub. L. 103–375, § 6(2)(B), made technical amendment to reference to section 3744(g) of this title to correct reference to corresponding provision of original act

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 103–375, § 6(2)(B), made technical amendment to reference to section 3744(g) of this title to correct reference to corresponding provision of original act.

   Enacted provision · exact public law section
   (B) in paragraph (4) by striking “section 5(f)” and inserting “section 7105(g)”;

4. 1994

   North American Wetlands Conservation Act Amendments of 1994

   Pub. L. 103–375 § 6(3)(B) · 108 Stat. 3494

   Redesignated · 16 U.S.C. § 3743(8)

   Pub. L. 103–375, § 6(3)(B), added par. (8). Former par. (8) redesignated (9)

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 103–375, § 6(3)(B), added par. (8). Former par. (8) redesignated (9).

   Enacted provision · exact public law section
   (B) inserting after paragraph (7) the following: “(8) The term ‘State’ means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or American Samoa.”;

5. 1994

   North American Wetlands Conservation Act Amendments of 1994

   Pub. L. 103–375 § 6(2)(C) · 108 Stat. 3494

   Substituted · 16 U.S.C. § 3743(8)

   Pub. L. 103–375, § 6(2)(C), (D), substituted semicolon for period at end of subpar. (A) and “section 1362(6)” for “section 1362(5)” in subpar. (C)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–375, § 6(2)(C), (D), substituted semicolon for period at end of subpar. (A) and “section 1362(6)” for “section 1362(5)” in subpar. (C).

   Enacted provision · exact public law section
   (C) in paragraph (8)(A) by striking the period and inserting a semicolon; and

6. 1994

   North American Wetlands Conservation Act Amendments of 1994

   Pub. L. 103–375 § 6(3)(A) · 108 Stat. 3494

   Redesignated · 16 U.S.C. § 3743(9)

   Pub. L. 103–375, § 6(3)(A), redesignated par. (8) as (9)

   Source evidence

   Code amendment note
   Par. (9). Pub. L. 103–375, § 6(3)(A), redesignated par. (8) as (9).

   Enacted provision · exact public law section
   (A) redesignating paragraph (8) as paragraph (9); and

6 of 6 references resolved to an enrolled provision