Partnerships for Fish and Wildlife (16 U.S.C. § 661 et seq.)

§ 656

TITLE 16—CONSERVATION

Page 1108

commercial fisheries and to seals, see section 742b of
this title.

CHAPTER 5A—PROTECTION AND
CONSERVATION OF WILDLIFE

§ 656. Agents; administering oaths and taking testimony

SUBCHAPTER I—GAME, FUR-BEARING ANIMALS,
AND FISH
Sec.

The agents are empowered to administer oaths
in all cases relating to the service of the United
States, and to take testimony in Alaska for the
use of the Government in any matter concerning
the public revenue.

661.
662.
663.
664.

(R.S. § 1976.)
665.
CODIFICATION
R.S. § 1976 derived from act Mar. 5, 1872, ch. 31, § 3, 17
Stat. 35.

§ 657. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 632
Section, R.S. § 1974; act June 10, 1921, ch. 18, § 304, 42
Stat. 204, related to traveling expenses for persons
charged with management of seal fisheries in Alaska.

665a.
666.
666a.
666b.
666c.
666d.
666e.
666f.

§ 658. Repealed. Feb. 26, 1944, ch. 65, § 18, 58 Stat.
104
666g.

Section, acts Apr. 21, 1910, ch. 183, § 9, 36 Stat. 328;
Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1939 Reorg. Plan
No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433,
related to additional officers and agents to enforce seal
fisheries law.

667.

§ 659. Sea lions; acts prohibiting killing repealed

667a.
667b.

All Acts and parts of Acts making it unlawful
to kill sea lions, as game animals or otherwise,
in the waters of the Territory of Alaska are repealed.

667c.
667d.
667e.

(June 16, 1934, ch. 556, 48 Stat. 976; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 92–522, title I, § 113(b), Oct. 21,
1972, 86 Stat. 1042.)

SUBCHAPTER II—PROTECTION OF BALD AND
GOLDEN EAGLES
668.
668a.

AMENDMENTS
1972—Pub. L. 92–522 struck out proviso prohibiting
killing of sea lions in waters of Alaska except under
rules and regulations prescribed by Secretary of the Interior.
TRANSFER OF FUNCTIONS
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, §§ 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.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce, and its functions and functions of Secretary of Commerce relating to protection of fur seals
and other fur-bearing animals and supervision of Pribilof Islands and care of natives thereof, to Department
of the Interior.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

Declaration of purpose; cooperation of agencies; surveys and investigations; donations.
Impounding, diverting, or controlling of waters.
Impoundment or diversion of waters.
Administration; rules and regulations; availability of lands to State agencies.
Investigations as to effect of sewage, industrial wastes; reports.
Maintenance of adequate water levels in
upper Mississippi River.
Authorization of appropriations.
Penalties.
Definitions.
Applicability to Tennessee Valley Authority.
Skagit National Wildlife Refuge; exchange of
lands.
Administration of acquired lands.
Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer of lands to Secretary of the Interior; administration, development, and disposition.
Classification of lands; industrial leases;
moneys subject to section 715s of this title;
administration; jurisdiction of Federal
agencies.
Game management supply depots; appropriations.
Omitted.
Transfer of certain real property for wildlife
conservation
purposes;
reservation
of
rights.
Publication of designating order.
Reports to Congress.
Repealed.

668b.
668c.
668d.

Bald and golden eagles.
Taking and using of the bald and golden eagle
for scientific, exhibition, and religious purposes.
Enforcement provisions.
Definitions.
Availability of appropriations for Migratory
Bird Treaty Act.

SUBCHAPTER III—ENDANGERED SPECIES OF
FISH AND WILDLIFE
668aa to 668cc–6. Repealed.
668dd.
National Wildlife Refuge System.
668ee.
Definitions.
668ff to 668ss. Omitted.

SUBCHAPTER I—GAME, FUR-BEARING
ANIMALS, AND FISH
§ 661. Declaration of purpose; cooperation of
agencies; surveys and investigations; donations
For the purpose of recognizing the vital contribution of our wildlife resources to the Nation,
the increasing public interest and significance
thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of
water-resource development programs through
the effectual and harmonious planning, development, maintenance, and coordination of wildlife

Page 1109

§ 661

TITLE 16—CONSERVATION

conservation and rehabilitation for the purposes
of sections 661 to 666c of this title in the United
States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide
assistance to, and cooperate with, Federal,
State, and public or private agencies and organizations in the development, protection, rearing,
and stocking of all species of wildlife, resources
thereof, and their habitat, in controlling losses
of the same from disease or other causes, in
minimizing damages from overabundant species,
in providing public shooting and fishing areas,
including easements across public lands for access thereto, and in carrying out other measures
necessary to effectuate the purposes of said sections; (2) to make surveys and investigations of
the wildlife of the public domain, including
lands and waters or interests therein acquired or
controlled by any agency of the United States;
and (3) to accept donations of land and contributions of funds in furtherance of the purposes of
said sections.
(Mar. 10, 1934, ch. 55, § 1, 48 Stat. 401; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 563.)
AMENDMENTS
1958—Pub. L. 85–624 inserted provisions which relate
to recognition of the vital contribution of wildlife resources to the Nation, the increasing public interest
and significance thereof, and to equal consideration
and coordination of wildlife conservation with other
water-resources development programs, and which authorize the Secretary to provide public fishing areas,
and to accept donations of lands and contributions of
funds.
1946—Act Aug. 14, 1946, amended section generally in
order to promote more effectual planning and cooperation between Federal, State, public, and private agencies for the conservation and rehabilitation of wildlife.
SHORT TITLE
Pub. L. 85–624, § 1, Aug. 12, 1958, 72 Stat. 563, provided:
‘‘That the Act of March 10, 1934, as amended, and as further amended by this Act [sections 661 to 666c of this
title] may be cited as the ‘Fish and Wildlife Coordination Act’.’’
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with wildlife consultation in sections 661 to 666c of this
title and such functions of Secretary or other official in
Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with sections 661 to 666c of
this title with respect to pre-construction, construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska
Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural
Gas Transportation System, see Reorg. Plan No. 1 of
1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alas-

ka Natural Gas Transportation Projects by section
720d(f) of Title 15.
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5.
Functions, appropriations, records, and property of
Secretary of the Interior and Fish and Wildlife Service
of Department of the Interior which affect or relate to
breeding, raising, producing, marketing, or any other
phase of production or distribution of domestically
raised fur-bearing animals, or the products thereof
transferred to Secretary of Agriculture by section 434
of Title 7, Agriculture.
Reorg. Plan No. III of 1940, § 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
with their respective functions into one agency in Department of the Interior to be known as the Fish and
Wildlife Service, and abolished the office of Commissioner and Deputy Commissioner of Fisheries and
transferred their functions to the consolidated agency.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce, and its functions, to Department of the
Interior; transferred functions of Secretary of Commerce relating to protection of fur seals and other furbearing animals to Secretary of the Interior; and transferred functions of Secretary of Agriculture relating to
conservation of wildlife, game, and migratory birds to
Secretary of the Interior.
APPROPRIATIONS
Pub. L. 85–624, § 4, Aug. 12, 1958, 72 Stat. 568, provided
that: ‘‘There is authorized to be appropriated and expended such funds as may be necessary to carry out the
purposes of this Act [amending this section and sections 662 to 664 of this title and enacting section 1008 of
this title].’’
STUDY OF SOFT- AND HARD-SHELL CLAMS
Act May 26, 1948, ch. 348, 62 Stat. 274, directed the
Fish and Wildlife Service to undertake, in cooperation
with appropriate State and interstate agencies in accordance with the provisions of the Act of August 14,
1946 (60 Stat. 1080), comprehensive studies of the softshell clam, Mya arenaria, and the hard-shell clam,
Venus mercenaria, with particular respect to the biology, propagation, and methods of cultivation of such
clams, required the Service to recommend appropriate
measures for (1) arresting depletion in existing productive beds; (2) restoring to production beds formerly productive but now barren or unusable; (3) developing new
areas which may be found suitable; (4) improving methods and techniques of digging, transplanting, and handling; and (5) otherwise increasing production and improving the quality of such clams for the benefit of
both producers and consumers, and authorized for the
five-year period beginning July 1, 1948, the sum of
$250,000 to carry out the studies of the soft-shell clam
and the sum of $250,000 to carry out the studies of the
hard-shell clam.
EX. ORD. NO. 13443. FACILITATION OF HUNTING HERITAGE
AND WILDLIFE CONSERVATION
Ex. Ord. No. 13443, Aug. 16, 2007, 72 F.R. 46537, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. The purpose of this order is to direct Federal agencies that have programs and activities that have a measurable effect on public land management, outdoor recreation, and wildlife management,
including the Department of the Interior and the Department of Agriculture, to facilitate the expansion

§ 662

TITLE 16—CONSERVATION

and enhancement of hunting opportunities and the
management of game species and their habitat.
SEC. 2. Federal Activities. Federal agencies shall, consistent with agency missions:
(a) Evaluate the effect of agency actions on trends in
hunting participation and, where appropriate to address declining trends, implement actions that expand
and enhance hunting opportunities for the public;
(b) Consider the economic and recreational values of
hunting in agency actions, as appropriate;
(c) Manage wildlife and wildlife habitats on public
lands in a manner that expands and enhances hunting
opportunities, including through the use of hunting in
wildlife management planning;
(d) Work collaboratively with State governments to
manage and conserve game species and their habitats
in a manner that respects private property rights and
State management authority over wildlife resources;
(e) Establish short and long term goals, in cooperation with State and tribal governments, and consistent
with agency missions, to foster healthy and productive
populations of game species and appropriate opportunities for the public to hunt those species;
(f) Ensure that agency plans and actions consider programs and recommendations of comprehensive planning efforts such as State Wildlife Action Plans, the
North American Waterfowl Management Plan, and
other range-wide management plans for big game and
upland game birds;
(g) Seek the advice of State and tribal fish and wildlife agencies, and, as appropriate, consult with the
Sporting Conservation Council and other organizations,
with respect to the foregoing Federal activities.
SEC. 3. North American Wildlife Policy Conference. The
Chairman of the Council on Environmental Quality
(Chairman) shall, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council and in cooperation with State
and tribal fish and wildlife agencies and the public,
convene not later than 1 year after the date of this
order, and periodically thereafter at such times as the
Chairman deems appropriate, a White House Conference on North American Wildlife Policy (Conference)
to facilitate the exchange of information and advice relating to the means for achieving the goals of this
order.
SEC. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The Chairman shall prepare, consistent
with applicable law and subject to the availability of
appropriations, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council, and in cooperation with State
and tribal fish and wildlife agencies, not later than 1
year following the conclusion of the Conference, a comprehensive Recreational Hunting and Wildlife Conservation Plan that incorporates existing and ongoing
activities and sets forth a 10-year agenda for fulfilling
the actions identified in section 2 of this order.
SEC. 5. Judicial Review. This order is not intended to,
and does not, create any right, benefit, trust responsibility, or privilege, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other
person.
GEORGE W. BUSH.

§ 662. Impounding, diverting, or controlling of
waters
(a) Consultations between agencies
Except as hereafter stated in subsection (h) of
this section, whenever the waters of any stream
or other body of water are proposed or authorized to be impounded, diverted, the channel
deepened, or the stream or other body of water
otherwise controlled or modified for any purpose
whatever, including navigation and drainage, by

Page 1110

any department or agency of the United States,
or by any public or private agency under Federal permit or license, such department or agency first shall consult with the United States
Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources of
the particular State wherein the impoundment,
diversion, or other control facility is to be constructed, with a view to the conservation of
wildlife resources by preventing loss of and damage to such resources as well as providing for
the development and improvement thereof in
connection with such water-resource development.
(b) Reports and recommendations; consideration
In furtherance of such purposes, the reports
and recommendations of the Secretary of the Interior on the wildlife aspects of such projects,
and any report of the head of the State agency
exercising administration over the wildlife resources of the State, based on surveys and investigations conducted by the United States Fish
and Wildlife Service and such State agency for
the purpose of determining the possible damage
to wildlife resources and for the purpose of determining means and measures that should be
adopted to prevent the loss of or damage to such
wildlife resources, as well as to provide concurrently for the development and improvement of
such resources, shall be made an integral part of
any report prepared or submitted by any agency
of the Federal Government responsible for engineering surveys and construction of such
projects when such reports are presented to the
Congress or to any agency or person having the
authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or
(2) to approve a report on the modification or
supplementation of plans for previously authorized projects, to which sections 661 to 666c of
this title apply. Recommendations of the Secretary of the Interior shall be as specific as is
practicable with respect to features recommended for wildlife conservation and development, lands to be utilized or acquired for such
purposes, the results expected, and shall describe the damage to wildlife attributable to the
project and the measures proposed for mitigating or compensating for these damages. The reporting officers in project reports of the Federal
agencies shall give full consideration to the report and recommendations of the Secretary of
the Interior and to any report of the State agency on the wildlife aspects of such projects, and
the project plan shall include such justifiable
means and measures for wildlife purposes as the
reporting agency finds should be adopted to obtain maximum overall project benefits.
(c) Modification of projects; acquisition of lands
Federal agencies authorized to construct or
operate water-control projects are authorized to
modify or add to the structures and operations
of such projects, the construction of which has
not been substantially completed on the date of
enactment of the Fish and Wildlife Coordination
Act, and to acquire lands in accordance with
section 663 of this title, in order to accommodate the means and measures for such conserva-