Fish and Wildlife Act of 1956

* Act of August 8, 1956 (P.L. 84-1024, Ch. 1036, 70 Stat 1119,

16 U.S.C. 742a, 742d, 742e, 742i, 742j)

Declaration of policy

Sec. 2. The Congress declares that the fish, shellfish, and wildlife resources of the Nation make a material contribution to our national economy and food supply, as well as a material contribution to the health, recreation, and well-being of our citizens; that such resources are a living renewable form of national wealth that is capa-ble of being maintained and greatly increased with proper management, but equal-ly capable of destruc-tion if neglect-ed or unwisely exploited; that such resources afford outdoor recre-ation throughout the Nation and provide employment, directly or indirectly, to a substantial number of citizens; that the fishing industries strengthen the defense of the United States through the provision of a trained seafaring citizenry and action-ready fleets of seaworthy vessels; that the training and sport afforded by fish and wildlife resources strengthen the national defense by contributing to the general health and physical fitness of millions of citizens; and that properly developed, such fish and wildlife resources are capable of steadily increasing these valuable contributions to the life of the Nation.

The Congress further declares that the fishing industry, in its several branches, can prosper and thus fulfill its proper function in national life only if certain fundamental needs are satisfied by means that are consistent with the public interest and in accord with constitutional functions of governments. Among these needs are-

(1) Freedom of enterprise.- freedom to develop new areas, methods, products, and markets in accordance with sound economic principles, as well as freedom from unnecessary administrative or legal restrictions that unreasonably con-flict with or ignore economic needs;

(2) Protection of opportuni-ty.-maintenance of an economic atmo-sphere in which domestic pro-duction and processing can prosper; protec-tion from subsidized compet-ing products; protection of opportu-nity to fish on the high seas in accor-dance with international law;

(3) Assistance.-assistance consistent with that provided by the Government for industry generally, such as is involved in promoting good industrial relations, fair trade standards, harmonious labor rela-tions, better health standards and sanitation; and including, but not limited to-

(a) services to provide current information on production and trade, market promotion and development, and an extension service,

(b) research services for econom-ic and technologic develop-ment and resource conservation, and

(c) resource management to as-sure the maximum sustainable pro-duction for the fisheries.

The Congress further declares that the provisions of this Act are necessary in order to accomplish the objective of proper resource devel-op-ment, and that this Act shall be administered with due regard to the inherent right of every citizen and resident of the United States to engage in fishing for his own plea-sure, enjoyment, and betterment, and with the intent of maintaining and increasing the public opportunities for recreational use of our fish and wildlife resources; and stimulating the development of a strong, pros-perous, and thriving fishery and fish process-ing industry. (16 U.S.C. 742a)

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Investigations, Information, Re-ports

Sec. 5. (a) The Secretary shall conduct continuing investigations, prepare and disseminate information, and make periodical reports to the public, to the President, and to Congress, with respect to the fol-lowing matters:

(1) The production and flow to market of fish and fishery products domestically produced, and also those produced by foreign producers which affect the domestic fisheries;

(2) The availability and abun-dance and the biological require-ments of the fish and wildlife re-sources;

(3) The competitive economic position of the various fish and fishery products with respect to each other, and with respect to competi-tive domestic and foreign-produced commodities;

(4) The collection and dissemi-na-tion of statistics on commercial and sport fishing;

(5) The collection and dissemi-na-tion of statistics on the nature and availability of wildlife, progress in acquisition of additional refuges and measures being taken to foster a coordinated program to encourage and develop wildlife values:

(6) The improvement of pro-duc-tion and marketing practices in regard to commercial species and the conduct of educational and extension services relative to com-mercial and sport fishing, and wild-life matters;

(7) Any other matters which in the judgment of the Secretary are of public interest in connection with any phases of fish and wildlife operations. (16 U.S.C. 742d)

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Transfer of Functions to Secretary

Sec. 6. (a) Functions of Secretar-ies of Agriculture, Commerce, etc.-There shall be transferred to the Secretary all functions of the Secretary of Agriculture, the Secre-tary of Commerce, and the head of any other department or agency, as determined by the Director of the Bureau of the Budget to relate pri-marily to the development, advance-ment, manage-ment, conservation, and protection of commercial fisher-ies; but nothing in this section shall be construed to modify the authority of the Department of State or the Secretary of State to negotiate or enter into any international agree-ments, or conventions with respect to the development, management, or protection of any fisheries and wild-life resources or with respect to international commissions operating under conventions to which the United States is a party.

(b) Transfer of personnel, proper-ty, records, etc.-There shall be transferred to the Department of the Interior so much of the personnel, property, facilities, records, and unexpended balances of appropria-tions, allocations, and other funds (available or to be made available) as the Director of the Bureau of the Budget determines to be necessary in connection with the exercise of any functions transferred to the secretary pursuant to subsection (a) of this section.

(c) Cooperation of other depart-ments and agencies.-The Secretary may request and secure the advice or assistance of any department or agency of the Government in carrying out the provisions of this Act, and any such department or agency which furnishes advice or assistance to the Secretary may expend its own funds for such pur-poses, with or without reimburse-ment from the Secretary as may be agreed upon between the Secretary and the de-partment or agency. (16 U.S.C. 742e)

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Rights of States

Sec. 10. The rights of States.-Nothing in this Act shall be construed (1) to interfere in any manner with rights of any State under the Submerged Lands Act (Public Law 31, Eighty-third Congress) or otherwise provided by law, or to supersede any regulatory au-thority over fisheries exercised by the States either individually or under interstate compacts; or (2) to interfere in any manner with the authority exercised by any Interna-tional Commission established under any treaty or convention to which the United States is a party. (16 U.S.C. 742i)

Authorization for Appropriation

Sec. 11. There are hereby autho-rized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (16 U.S.C. 742j)

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