-CITE-

16 USC CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

.

-HEAD-

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-MISC1-

Sec.

755. Salmon-cultural stations; establishment; expenditure of funds.

756. Investigations, surveys, and experiments; construction and

installation of conservation devices, etc.

757. Utilization of State services; expenditure of funds.

757a. Anadromous, Great Lakes, and Lake Champlain fisheries.

(a) Conservation, development, and enhancement;

cooperative agreements; costs.

(b) Operation, management, and administration of

property; research.

(c) Increase of Federal share.

757b. Authority of the Secretary with regards to Anadromous and

Great Lakes fisheries; development and management.

757c. Approval for activities on land administered by other Federal

departments or agencies.

757d. Authorization of appropriations.

757e. Application to Columbia River basin.

757f. Studies on pollution; recommendations to Secretary of Health

and Human Services.

757g. Repealed.

758. Exploration, investigation, development, and maintenance of

fishing resources and industry of Pacific Ocean.

758a. Conduct of explorations and related work in Pacific Ocean.

758b. Cooperation with agencies, organizations, and others.

758c. Authorization of appropriations for research laboratory,

experiment stations, dock and storehouse facilities, vessels,

etc., for activities in the Pacific Ocean; transfer of surplus

vessels.

758d. Pacific Ocean activities; future appropriations.

758e. Central, Western, and South Pacific Ocean fisheries

development program.

758e-1. Consultation and cooperation between certain Federal

officers, affected States, etc., in carrying out program.

758e-1a. Cooperative program for development of tuna and other

latent fishery resources in area; establishment; availability of

project information.

758e-2. Repealed.

758e-3. Regulations; contract terms and conditions.

758e-4. ''Central, Western, and South Pacific Ocean area'' defined.

758e-5. Authorization of appropriations.

759. Omitted.

760. Establishment of rearing ponds and fish hatchery in Kentucky.

760-1. Kentucky fish hatchery; authorization of appropriations.

760-2. Establishment of fish hatchery in Montana.

760-3. Establishment of trout hatchery in Pisgah National Forest.

760-4. Establishment of trout hatchery at Pittsford, Vermont.

760-5. Establishment of fish hatchery at Paint Bank, Virginia.

760-6. Virginia fish hatchery; authorization of appropriations.

760-7. Establishment of fish hatchery in West Virginia.

760-8. West Virginia fish hatchery; authorization of

appropriations.

760-9. Establishment of fish hatchery in Pennsylvania.

760-10. Pennsylvania fish hatchery; authorization of

appropriations.

760-11. Acceptance and development of fish hatchery in South

Carolina.

760-12. South Carolina fish hatchery; authorization of

appropriations.

760a. Atlantic Coast fish study for development and protection of

fish resources.

760b. Equipment for studies; cooperation of Federal departments and

agencies.

760c. Studies; authorization of appropriations.

760d. Grants for education and training of personnel in the field

of commercial fishing.

(a) Public and private nonprofit universities and

colleges.

(b) Authorization of appropriations.

(c) Regulations.

760e. Study of migratory game fish; waters; research; purpose.

760f. Migratory game fish study; authorization to acquire

facilities, employ officers and employees, cooperate with State

and other agencies, and to publish results.

760g. Authorization of appropriations for migratory game fish

study.

760h to 760l. Omitted.

-CITE-

16 USC Sec. 755 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 755. Salmon-cultural stations; establishment; expenditure of

funds

-STATUTE-

The Secretary of Commerce is authorized and directed to establish

one or more salmon-cultural stations in the Columbia River Basin in

each of the States of Oregon, Washington, and Idaho. Any sums

appropriated for the purpose of establishing such stations may be

expended, and such stations shall be established, operated and

maintained, in accordance with the provisions of the Act entitled

''An Act to provide for a five-year construction and maintenance

program for the United States Bureau of Fisheries'', approved May

21, 1930, ch. 306, 46 Stat. 371, insofar as the provisions of such

Act are not inconsistent with the provisions of this section and

sections 756 and 757 of this title.

-SOURCE-

(May 11, 1938, ch. 193, Sec. 1, 52 Stat. 345; 1939 Reorg. Plan No.

II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1970

Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090.)

-REFTEXT-

REFERENCES IN TEXT

Act May 21, 1930, ch. 306, 46 Stat. 371, referred to in text, was

not classified to the Code.

-TRANS-

TRANSFER OF FUNCTIONS

Secretary of Commerce substituted for Secretary of the Interior

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, Sec. 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,

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 Fish and Wildlife Service, and provided

that functions of consolidated agency shall be administered under

direction and supervision of Secretary of the Interior.

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, to be administered under

direction and supervision of Secretary of the Interior.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757, 757e of this title.

-CITE-

16 USC Sec. 756 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 756. Investigations, surveys, and experiments; construction

and installation of conservation devices, etc.

-STATUTE-

The Secretary of Commerce is further authorized and directed (1)

to conduct such investigations, and such engineering and biological

surveys and experiments, as may be necessary to direct and

facilitate conservation of the fishery resources of the Columbia

River and its tributaries; (2) to construct and install devices in

the Columbia River Basin for the improvement of feeding and

spawning conditions for fish, for the protection of migratory fish

from irrigation projects, and for facilitating free migration of

fish over obstructions; and (3) to perform all other activities

necessary for the conservation of fish in the Columbia River Basin

in accordance with law.

-SOURCE-

(May 11, 1938, ch. 193, Sec. 2, 52 Stat. 345; 1939 Reorg. Plan No.

II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug.

8, 1946, ch. 883, Sec. 1, 60 Stat. 932; 1970 Reorg. Plan No. 4,

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1946 - Act Aug. 8, 1946, struck out requirement to maintain

conservation devices, etc.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior and prior transfers, see note set out under section

755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 755, 757, 757e of this

title.

-CITE-

16 USC Sec. 757 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757. Utilization of State services; expenditure of funds

-STATUTE-

In carrying out the authorizations and duties imposed by section

756 of this title, the Secretary of Commerce is authorized to

utilize the facilities and services of the agencies of the States

of Oregon, Washington, and Idaho responsible for the conservation

of the fish and wildlife resources in such States, under the terms

of agreements entered into between the United States and these

States, without regard to the provisions of section 5 of title 41,

and funds appropriated to carry out the purposes of sections 755 to

757 of this title may be expended for the construction of

facilities on and the improvement of lands not owned or controlled

by the United States: Provided, That the appropriate agency of the

State wherein such construction or improvement is to be carried on

first shall have obtained without cost to the United States the

necessary title to, interest therein, rights-of-way over, or

licenses covering the use of such lands.

-SOURCE-

(May 11, 1938, ch. 193, Sec. 3, 52 Stat. 345; Aug. 8, 1946, ch.

883, Sec. 2, 60 Stat. 932; 1970 Reorg. Plan No. 4, eff. Oct. 3,

1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1946 - Act Aug. 8, 1946, amended section generally to provide for

utilization of State services, and for expenditure of funds for

construction of facilities and improvements on lands not owned by

the United States.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior, by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 755, 757e of this title.

-CITE-

16 USC Sec. 757a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757a. Anadromous, Great Lakes, and Lake Champlain fisheries

-STATUTE-

(a) Conservation, development, and enhancement; cooperative

agreements; costs

For the purpose of conserving, developing, and enhancing within

the several States the anadromous fishery resources of the Nation

that are subject to depletion from water resources developments and

other causes, or with respect to which the United States has made

conservation commitments by international agreements, and for the

purpose of conserving, developing, and enhancing the fish in the

Great Lakes and Lake Champlain that ascend streams to spawn, the

Secretary of the Interior is authorized to enter into cooperative

agreements with one or more States, acting jointly or severally,

that are concerned with the development, conservation, and

enhancement of such fish, and, whenever he deems it appropriate,

with other non-Federal interests. Such agreements shall describe

(1) the actions to be taken by the Secretary and the cooperating

parties, (2) the benefits that are expected to be derived by the

States and other non-Federal interests, (3) the estimated cost of

these actions, (4) the share of such costs to be borne by the

Federal Government and by the States and other non-Federal

interests: Provided, That, except as provided in subsection (c) of

this section, the Federal share, including the operation and

maintenance costs of any facilities constructed by the Secretary

pursuant to sections 757a to 757f of this title, which he annually

determines to be a proper Federal cost, shall not exceed 50 per

centum of such costs exclusive of the value of any Federal land

involved: Provided further, That the non-Federal share may be in

the form of real or personal property, the value of which will be

determined by the Secretary, as well as money, (5) the term of the

agreement, (6) the terms and conditions for disposing of any real

or personal property acquired by the Secretary during or at the end

of the term of the agreement, and (7) such other terms and

conditions as he deems desirable.

(b) Operation, management, and administration of property; research

(1) The Secretary may also enter into agreements with the States

for the operation of any facilities and management and

administration of any lands or interests therein acquired or

facilities constructed pursuant to sections 757a to 757f of this

title.

(2) In carrying out responsibilities under this section, the

Secretary shall conduct, promote, and encourage research in

preparation for the implementation of the use of ecosystems and

interspecies approaches to the conservation and management of

anadromous and Great Lakes fishery resources.

(c) Increase of Federal share

(1) Whenever two or more States having a common interest in any

basin jointly enter into a cooperative agreement with the Secretary

under subsection (a) of this section to carry out a research and

development program to conserve, develop, and enhance anadromous

fishery resources of the Nation, or fish in the Great Lakes and

Lake Champlain that ascend streams to spawn, the Federal share of

the program costs shall be increased to a maximum of 66 2/3 per

centum. For the purpose of this subsection, the term ''basin''

includes rivers and their tributaries, lakes, and other bodies of

water or portions thereof.

(2) In the case of any State that has implemented an interstate

fisheries management plan for anadromous fishery resources,

prepared by an interstate commission, the Federal share of any

grant made under this section to carry out activities required by

such plan shall be up to 90 percent. For purposes of this

paragraph, the term ''interstate commission'' means -

(A) the commission established by the Atlantic States Marine

Fisheries Compact (as consented to and approved by Public Law

80-77 (FOOTNOTE 1) ), approved May 4, 1942 (56 Stat. 267);

(FOOTNOTE 1) See References in Text note below.

(B) the commission established by the Pacific Marine Fisheries

Compact (as consented to and approved by Public Law 80-232

(FOOTNOTE 1) ), approved July 24, 1947 (16 Stat. 419); and

(C) the commission established by the Gulf States Marine

Fisheries Compact (as consented to and approved by Public Law

81-66), approved May 19, 1949 (63 Stat. 70).

-SOURCE-

(Pub. L. 89-304, Sec. 1, Oct. 30, 1965, 79 Stat. 1125; Pub. L.

91-249, Sec. 1, May 14, 1970, 84 Stat. 214; Pub. L. 93-362, Sec.

3(a), July 30, 1974, 88 Stat. 398; Pub. L. 95-464, Oct. 17, 1978,

92 Stat. 1278; Pub. L. 96-118, Sec. 1, Nov. 16, 1979, 93 Stat. 859;

Pub. L. 97-453, Sec. 14(b)(1), Jan. 12, 1983, 96 Stat. 2492; Pub.

L. 98-44, title I, Sec. 104, July 12, 1983, 97 Stat. 216; Pub. L.

107-372, title III, Sec. 303(b), Dec. 19, 2002, 116 Stat. 3095.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 80-77, May 4, 1942, 56 Stat. 267, referred to in

subsec. (c)(2)(A), probably means act May 4, 1942, ch. 283 (Public

Law 539, 77th Cong.), 56 Stat. 267, which is not classified to the

Code.

Public Law 80-232, July 24, 1947, 16 Stat. 419, referred to in

subsec. (c)(2)(B), probably means act July 24, 1947, ch. 316

(Public Law 232, 80th Cong.), 61 Stat. 419, which is not classified

to the Code.

Public Law 81-66, May 19, 1949, 63 Stat. 70, referred to in

subsec. (c)(2)(C), is act May 19, 1949, ch. 128 (Public Law 66,

81st Cong.), 63 Stat. 70, which is not classified to the Code.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-372 designated existing

provisions as par. (1) and added par. (2).

1983 - Subsec. (c)(2). Pub. L. 98-44 substituted ''resources,

prepared by an interstate commission'' for ''resources'',

substituted ''up to 90 percent'' for ''90 percent'', and inserted

provision defining interstate commission for purposes of this

paragraph.

Subsec. (c). Pub. L. 97-453 designated existing provisions as

par. (1) and added par. (2).

1979 - Subsec. (c). Pub. L. 96-118 struck out provisions

respecting cost to Federal government of operation and maintenance

of structures, devices, etc., constructed by States under

cooperative agreements.

1978 - Subsecs. (a), (c). Pub. L. 95-464 inserted ''and Lake

Champlain'' after ''Great Lakes''.

1974 - Subsec. (c). Pub. L. 93-362 substituted ''66 2/3 per

centum'' for ''60 per centum''.

1970 - Subsec. (a). Pub. L. 91-249, Sec. 1(a), made the Federal

share of the cost of conservation, development and enhancement of

the anadromous fishery resources subject to the provisions of

subsec. (c) of this section.

Subsec. (c). Pub. L. 91-249, Sec. 1(b), added subsec. (c).

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-372, title III, Sec. 301, Dec. 19, 2002, 116 Stat.

3094, provided that: ''This title (amending this section, sections

757d, 971h, 4101, 4107, and 5610 of this title, and provisions set

out as a note under section 857-19 of Title 33, Navigation and

Navigable Waters) may be cited as the 'Fisheries Conservation Act

of 2002'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-130, Sec. 1, Oct. 17, 1991, 105 Stat. 626, provided

that: ''This Act (amending section 757g of this title and

provisions set out as notes under section 1851 of this title) may

be cited as the 'Striped Bass Act of 1991'.''

SHORT TITLE

Section 8, formerly section 7, of Pub. L. 89-304, as added by

Pub. L. 91-249, Sec. 3, May 14, 1970, 84 Stat. 214, and renumbered

by Pub. L. 96-118, Sec. 4, Nov. 16, 1979, 93 Stat. 859, provided

that: ''This Act (enacting this section and sections 757b to 757g

of this title) may be cited as the 'Anadromous Fish Conservation

Act'.''

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior, by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757b, 757c, 757d, 757e,

757f, 1225 of this title.

-CITE-

16 USC Sec. 757b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757b. Authority of the Secretary with regards to Anadromous

and Great Lakes fisheries; development and management

-STATUTE-

The Secretary, in accordance with any agreements entered into

pursuant to section 757a(a) of this title, is authorized (1) to

conduct such investigations, engineering and biological surveys,

and research as may be desirable to carry out the program; (2) to

carry out stream clearance activities; (3) to construct, install,

maintain, and operate devices and structures for the improvement of

feeding and spawning conditions, for the protection of fishery

resources, and for facilitating the free migration of the fish, and

for the control of the sea lamprey; (4) to construct, operate, and

maintain fish hatcheries wherever necessary to accomplish the

purposes of sections 757a to 757f of this title; (5) to conduct

such studies and make such recommendations as the Secretary

determines to be appropriate regarding the development and

management of any stream or other body of water for the

conservation and enhancement of anadromous fishery resources and

the fish in the Great Lakes and Lake Champlain that ascend streams

to spawn: Provided, That the reports on such studies and the

recommendations of the Secretary shall be transmitted to the

States, the Congress, and the Federal water resources construction

agencies for their information: Provided further, That sections

757a to 757f of this title shall not be construed as authorizing

the formulation or construction of water resources projects, except

that water resources projects which are determined by the Seretary

(FOOTNOTE 1) to be needed solely for the conservation, protection,

and enhancement of such fish may be planned and constructed by the

Bureau of Reclamation in its currently authorized geographic area

of responsibility or by the Corps of Engineers, or by the

Department of Agriculture, or by the States, with funds made

available by the Secretary under sections 757a to 757f of this

title and subject to the cost-sharing and appropriations provisions

of sections 757a to 757f of this title; (6) to acquire lands or

interests therein by purchase, lease, donation, or exchange for

acquired lands or public lands under his jurisdiction which he

finds suitable for disposition: Provided, That the lands or

interests therein so exchanged shall involve approximately equal

values, as determined by the Secretary: Provided further, That the

Secretary may accept cash from, or pay cash to, the grantor in such

an exchange in order to equalize the values of the properties

exchanged; (7) to accept donations of funds and to use such funds

to acquire or manage lands or interests therein; and (8) to

administer such lands or interests therein for the purposes of

sections 757a to 757f of this title. Title to lands or interests

therein acquired pursuant to sections 757a to 757f of this title

shall be in the cooperating States or other non-Federal interests.

(FOOTNOTE 1) So in original. Probably should be ''Secretary''.

-SOURCE-

(Pub. L. 89-304, Sec. 2, Oct. 30, 1965, 79 Stat. 1125; Pub. L.

93-362, Sec. 1, July 30, 1974, 88 Stat. 398; Pub. L. 95-464, Oct.

17, 1978, 92 Stat. 1278; Pub. L. 96-118, Sec. 2, Nov. 16, 1979, 93

Stat. 859.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-118 substituted ''cooperating States or other

non-Federal interests'' for ''United States''.

1978 - Cl. (5). Pub. L. 95-464 inserted ''and Lake Champlain''

after ''Great Lakes''.

1974 - Cl. (3). Pub. L. 93-362 inserted reference to the control

of the sea lamprey.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757a, 757c, 757d, 757e,

757f, 1225 of this title.

-CITE-

16 USC Sec. 757c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757c. Approval for activities on land administered by other

Federal departments or agencies

-STATUTE-

Activities authorized by sections 757a to 757f of this title to

be performed on lands administered by other Federal departments or

agencies shall be carried out only with the prior approval of such

departments or agencies.

-SOURCE-

(Pub. L. 89-304, Sec. 3, Oct. 30, 1965, 79 Stat. 1126.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757a, 757b, 757d, 757e,

757f, 1225 of this title.

-CITE-

16 USC Sec. 757d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757d. Authorization of appropriations

-STATUTE-

(a)(1) There are authorized to be appropriated to carry out the

purposes of sections 757a to 757f of this title not to exceed the

following sums:

(A) $4,750,000 for each of fiscal years 2003 and 2004; and

(B) $5,000,000 for each of fiscal years 2005 and 2006.

(2) Sums appropriated under this subsection are authorized to

remain available until expended.

(b) Not more than $625,000 of the funds appropriated under this

section in any one fiscal year shall be obligated in any one State.

-SOURCE-

(Pub. L. 89-304, Sec. 4, Oct. 30, 1965, 79 Stat. 1126; Pub. L.

91-249, Sec. 2, May 14, 1970, 84 Stat. 214; Pub. L. 93-362, Sec. 2,

3(b), July 30, 1974, 88 Stat. 398; Pub. L. 96-118, Sec. 3, Nov. 16,

1979, 93 Stat. 859; Pub. L. 97-453, Sec. 14(b)(2), Jan. 12, 1983,

96 Stat. 2492; Pub. L. 99-659, title IV, Sec. 402, Nov. 14, 1986,

100 Stat. 3737; Pub. L. 101-627, title IV, Sec. 401, Nov. 28, 1990,

104 Stat. 4462; Pub. L. 104-297, title IV, Sec. 403, Oct. 11, 1996,

110 Stat. 3619; Pub. L. 107-372, title III, Sec. 303(a), Dec. 19,

2002, 116 Stat. 3095.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-372 amended section generally. Prior to

amendment, section authorized appropriations to carry out sections

757a to 757f of this title of not to exceed $4,000,000 for fiscal

year 1997 and $4,250,000 for each of fiscal years 1998, 1999, and

2000, and limited the obligation of funds in any one State to not

more than $625,000.

1996 - Pub. L. 104-297 amended section generally. Prior to

amendment, section authorized appropriations to carry out sections

757a to 757g of this title of not to exceed $8,152,500 for fiscal

year 1989 and $8,000,000 for each of fiscal years 1990 to 1995, and

limited the obligation of funds in any one State to not more than

$1,250,000.

1990 - Subsec. (a)(1). Pub. L. 101-627, Sec. 401(1), (2),

redesignated par. (7) as (1) and struck out former par. (1) which

authorized appropriations of $11,000,000 for fiscal year 1980.

Subsec. (a)(2). Pub. L. 101-627, Sec. 401(1), (3), added par. (2)

and struck out former par. (2) which authorized appropriations of

$13,000,000 for fiscal year 1981.

Subsec. (a)(3) to (6). Pub. L. 101-627, Sec. 401(1), struck out

pars. (3) to (6) which authorized appropriations of $15,000,000 for

fiscal year 1982, $7,500,000 for fiscal years 1983, 1984, 1985, and

1986, $7,702,500 for fiscal year 1987, and $7,920,000 for fiscal

year 1988, respectively.

Subsec. (a)(7). Pub. L. 101-627, Sec. 401(2), redesignated par.

(7) as (1).

1986 - Subsec. (a)(4) to (7). Pub. L. 99-659 inserted reference

to fiscal year 1986 in par. (4) and added pars. (5) to (7).

1983 - Subsec. (a)(4). Pub. L. 97-453 added par. (4).

1979 - Subsec. (a). Pub. L. 96-118, Sec. 3(a), substituted

provisions authorizing appropriations of not to exceed $11,000,000,

$13,000,000, and $15,000,000 for fiscal years 1980 through 1982,

respectively, for provisions authorizing appropriations of not to

exceed $25,000,000, $6,000,000, $7,500,000, $8,500,000,

$20,000,000, $20,000,000, $20,000,000, $20,000,000, $20,000,000,

and $20,000,000 for fiscal years ending June 30, 1970, through June

30, 1979, respectively.

Subsec. (b). Pub. L. 96-118, Sec. 3(b), substituted

''$1,250,000'' for ''$1,000,000''.

1974 - Subsec. (a). Pub. L. 93-362 substituted ''$20,000,000 for

each of the fiscal years ending June 30, 1974, June 30, 1975, June

30, 1976, June 30, 1977, June 30, 1978, and June 30, 1979'' for

''$10,000,000 for the fiscal year ending June 30, 1974''.

1970 - Subsec. (a). Pub. L. 91-249 authorized appropriation of

not to exceed $6,000,000, $7,500,000, $8,500,000 and $10,000,000

for fiscal years ending June 30, 1971, June 30, 1972, June 30,

1973, and June 30, 1974, respectively, to be available until

expended.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757a, 757b, 757c, 757e,

757f, 1225 of this title.

-CITE-

16 USC Sec. 757e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757e. Application to Columbia River basin

-STATUTE-

Sections 757a to 757f of this title shall not be construed to

affect, modify, or apply to the same area as the provisions of

sections 755 to 757 of this title. The State of Idaho shall be

eligible on an equal standing with other States for Federal funding

for purposes authorized by sections 757a to 757f of this title.

-SOURCE-

(Pub. L. 89-304, Sec. 5, Oct. 30, 1965, 79 Stat. 1126; Pub. L.

98-146, title I, Nov. 4, 1983, 97 Stat. 922.)

-COD-

CODIFICATION

Although the intent of Congress to amend this section is clear

from the directory language of Pub. L. 98-146 which states that the

sentence relating to the eligibility of the State of Idaho be added

to ''16 U.S.C. 757e'', that directory language has been editorially

interpreted as directing the addition of that sentence to section 5

of Pub. L. 89-304, because Title 16 of the United States Code (this

title) has never been enacted into positive law and its sections

are therefore not susceptible of amendment as sections of ''16

U.S.C. - '' and because section 5 of Pub. L. 89-304 is the statute

which was classified to, and serves as the source for 16 U.S.C.

757e (this section).

-MISC3-

AMENDMENTS

1983 - Pub. L. 98-146 inserted provision that the State of Idaho

shall be eligible on an equal standing with other States for

Federal funding for purposes authorized by sections 757a to 757f of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757a, 757b, 757c, 757d,

757f, 1225 of this title.

-CITE-

16 USC Sec. 757f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757f. Studies on pollution; recommendations to Secretary of

Health and Human Services

-STATUTE-

The Secretary of the Interior shall, on the basis of studies

carried out pursuant to sections 757a to 757f of this title and

section 665 of this title, make recommendations to the Secretary of

Health and Human Services concerning the elimination or reduction

of polluting substances detrimental to fish and wildlife in

interstate or navigable waters or the tributaries thereof. Such

recommendations and any enforcement measures initiated pursuant

thereto by the Secretary of Health and Human Services shall be

designed to enhance the quality of such waters, and shall take into

consideration all other legitimate uses of such waters.

-SOURCE-

(Pub. L. 89-304, Sec. 6, Oct. 30, 1965, 79 Stat. 1126; Pub. L.

96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted in text

for ''Secretary of Health, Education, and Welfare'' pursuant to

section 509(b) of Pub. L. 96-88, which is classified to section

3508(b) of Title 20, Education.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 755 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 757a, 757b, 757c, 757d,

757e, 1225 of this title.

-CITE-

16 USC Sec. 757g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 757g. Repealed. Pub. L. 105-146, Sec. 3(a), Dec. 16, 1997, 111

Stat. 2677

-MISC1-

Section, Pub. L. 89-304, Sec. 7, as added Pub. L. 96-118, Sec. 4,

Nov. 16, 1979, 93 Stat. 859; amended Pub. L. 97-453, Sec. 14(b)(3),

Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98-613, Sec. 10(a), Oct. 31,

1984, 98 Stat. 3190; Pub. L. 99-432, Sec. 6, Oct. 1, 1986, 100

Stat. 990; Pub. L. 100-589, Sec. 3, Nov. 3, 1988, 102 Stat. 2984;

Pub. L. 102-130, Sec. 3, Oct. 17, 1991, 105 Stat. 626, related to

striped bass population studies.

-CITE-

16 USC Sec. 758 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758. Exploration, investigation, development, and maintenance

of fishing resources and industry of Pacific Ocean

-STATUTE-

It is the policy of the United States to provide for the

exploration, investigation, development, and maintenance of the

fishing resources and development of the high seas fishing industry

of the United States and its island possessions in the tropical and

subtropical Pacific Ocean and intervening seas, for the benefit of

the residents of the Pacific island possessions and of the people

of the United States.

-SOURCE-

(Aug. 4, 1947, ch. 451, Sec. 1, 61 Stat. 726; Pub. L. 86-624, Sec.

11(a), (b), July 12, 1960, 74 Stat. 412.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 substituted ''the United States and its

island possessions'' for ''the Territories and island possessions

of the United States'', and struck out ''Territory of Hawaii and''

before ''Pacific island possessions''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758b, 758d of this title.

-CITE-

16 USC Sec. 758a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758a. Conduct of explorations and related work in Pacific

Ocean

-STATUTE-

The Secretary of Commerce is authorized and directed to conduct

such fishing explorations and such necessary related work as

oceanographical, biological, technological, statistical, and

economic studies to insure maximum development and utilization of

the high seas fishery resources of the United States and its island

possessions in the tropical and subtropical Pacific Ocean and

intervening areas as may be consistent with developing and

sustaining such fishery resources at maximum levels of production

in perpetuity and to provide for the best possible utilization

thereof.

-SOURCE-

(Aug. 4, 1947, ch. 451, Sec. 2, 61 Stat. 726; Pub. L. 86-624, Sec.

11(a), July 12, 1960, 74 Stat. 412; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 substituted ''the United States and its

island possessions'' for ''the Territories and island possessions

of the United States''.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Commerce'' substituted for ''Secretary of the

Interior, through the United States Fish and Wildlife Service of

the Department of the Interior,'' 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.

United States Fish and Wildlife Service, consisting of Bureau of

Commercial Fisheries and Bureau of Sport Fisheries and Wildlife,

succeeded and replaced Fish and Wildlife Service of Department of

the Interior under provisions of Fish and Wildlife Act of 1956, as

originally provided in section 742b(a) and (d) 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, Sec. 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.

-MISC5-

DOGFISH SHARKS: RESEARCH TO CONTROL AND ERADICATE OR TO DISCOVER

COMMERCIAL USES

Pub. L. 85-887, Sept. 2, 1958, 72 Stat. 1710, directed Secretary

of the Interior to prosecute, for a period of not to exceed four

years from Sept. 2, 1958, investigations of the abundance and

distribution of dogfish sharks, experiments to develop control

measures, and a vigorous program for the elimination and

eradication or development of economic uses of dogfish shark

populations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758b, 758d of this title.

-CITE-

16 USC Sec. 758b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758b. Cooperation with agencies, organizations, and others

-STATUTE-

In carrying out the purposes and objectives of sections 758 and

758a of this title, the Secretary of Commerce may cooperate with

appropriate agencies of the State and island governments, and with

such educational, industrial, or other organizations, enterprises,

and individuals as may be expedient.

-SOURCE-

(Aug. 4, 1947, ch. 451, Sec. 3, 61 Stat. 726; Pub. L. 86-624, Sec.

11(c), July 12, 1960, 74 Stat. 412; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 substituted ''State'' for ''Territorial''.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 758a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 758d of this title.

-CITE-

16 USC Sec. 758c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758c. Authorization of appropriations for research laboratory,

experiment stations, dock and storehouse facilities, vessels,

etc., for activities in the Pacific Ocean; transfer of surplus

vessels

-STATUTE-

There is hereby authorized to be appropriated, out of any money

in the Treasury not otherwise appropriated, such amounts as may be

necessary for the construction, including architectural services,

and for furnishings and equipment of a fishery research laboratory

and experiment stations in the State of Hawaii and necessary

substations at suitable locations, together with suitable dock and

storehouse facilities to be used in conjunction with the operation

of research and experimental fishing vessels and for the

procurement and for the modification, refitting, and equipment of

two experimental high-sea fishing vessels, together with all

necessary gear and appurtenances, and of one multiple purpose

high-seas fishing and oceanographical research vessel, together

with all necessary gear and appurtenances, including necessary

naval architectural and engineering services: Provided, however,

That no part of said appropriation shall be expended for the

acquisition of lands for sites for said laboratory, experiment

station, or substations in the State of Hawaii: Provided further,

That there are authorized to be transferred to the Secretary of

Commerce not to exceed three surplus vessels suitable for

conversion and use in oceanographic and biological research and

exploratory fishing, by any disposal agency of the Government

without reimbursement or transfer of funds.

-SOURCE-

(Aug. 4, 1947, ch. 451, Sec. 4, 61 Stat. 726; Pub. L. 86-624, Sec.

11(d), July 12, 1960, 74 Stat. 412; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 substituted ''State of Hawaii'' for

''Hawaiian Islands'' and for ''Territory of Hawaii''.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 758a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 758d of this title.

-CITE-

16 USC Sec. 758d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758d. Pacific Ocean activities; future appropriations

-STATUTE-

There is hereby authorized to be appropriated from time to time

in fiscal years after 1947 - 1948 such sums as may be necessary to

enable the Secretary of Commerce to carry out the purposes of

sections 758 to 758d of this title, including personal services,

traveling expenses, transportation of things, purchase,

maintenance, and operation of motor vehicles, miscellaneous

equipment, and supplies, communications, other contractual

services, necessary printing locally, and maintenance, repair,

improvement, equipment, and operation of vessels and buildings or

other structures.

-SOURCE-

(Aug. 4, 1947, ch. 451, Sec. 6, 61 Stat. 726; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-COD-

CODIFICATION

Words ''personal services, traveling expenses, transportation of

things, purchase, maintenance, and operation of motor vehicles,

miscellaneous equipment, and supplies, communications, other

contractual services, necessary printing locally, and maintenance,

repair, improvement, equipment, and operation of vessels and

buildings or other structures'', appearing in text, were inserted

in place of words ''all the classes of expenditures enumerated in

the foregoing section''. The ''foregoing section'' referred to

section 5 of Act Aug. 4, 1947, which is set out as a note under

this section.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 758a 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, Sec. 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.

-MISC5-

APPROPRIATIONS FOR FISCAL YEAR 1947-1948

Section 5 of act Aug. 4, 1947, authorized appropriation of

additional sums for expenses during the fiscal year 1947-1948 to

carry out the purposes of sections 758 to 758d of this title.

-CITE-

16 USC Sec. 758e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e. Central, Western, and South Pacific Ocean fisheries

development program

-STATUTE-

The Secretary of Commerce (hereafter referred to in sections 758e

to 758e-5 of this title as the ''Secretary'') is authorized to

carry out, directly or by contract, with the Pacific Fisheries

Development Foundation or other agency or organization, a program

for the development of the tuna and other latent fisheries

resources of the Central, Western, and South Pacific Ocean. The

program shall include, but not be limited to, exploration for, and

stock assessment of, tuna and other fish; improvement of harvesting

techniques; gear development; biological resource monitoring; and

an economic evaluation of the potential for tuna and other

fisheries in such area.

-SOURCE-

(Pub. L. 92-444, Sec. 2, Sept. 29, 1972, 86 Stat. 745; Pub. L.

94-343, Sec. 1(1), July 6, 1976, 90 Stat. 809; Pub. L. 95-295, Sec.

1(1), June 16, 1978, 92 Stat. 319; Pub. L. 98-498, title IV, Sec.

410, Oct. 19, 1984, 98 Stat. 2309.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-498 substituted ''Pacific Fisheries Development

Foundation'' for ''Pacific Tuna Development Foundation''.

1978 - Pub. L. 95-295 inserted provision authorizing contracts

for programs with the Pacific Tuna Development Foundation or other

agency or organization.

1976 - Pub. L. 94-343 struck ''three year'' before ''program

for''.

SHORT TITLE

Section 1 of Pub. L. 92-444 provided: ''That this Act (enacting

this section and sections 758e-1 to 758e-5 of this title) may be

cited as the 'Central, Western, and South Pacific Fisheries

Development Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e-1, 758e-1a, 758e-3,

758e-4, 758e-5 of this title.

-CITE-

16 USC Sec. 758e-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-1. Consultation and cooperation between certain Federal

officers, affected States, etc., in carrying out program

-STATUTE-

In carrying out the purposes of sections 758e to 758e-5 of this

title, the Secretary shall consult, and may otherwise cooperate,

with the Secretary of the Interior, the Secretary of State, the

State of Hawaii and other affected States, the governments of

American Samoa and Guam, the Office of the High Commissioner of the

Trust Territory of the Pacific Islands, the Commonwealth of the

Northern Mariana Islands, educational institutions, the commercial

fishing industry, and all appropriate member nations of a South

Pacific regional fishery agency (hereinafter referred to in

sections 758e to 758e-5 of this title as the ''agency''), if such

an agency is formed.

-SOURCE-

(Pub. L. 92-444, Sec. 3, Sept. 29, 1972, 86 Stat. 745; Pub. L.

95-295, Sec. 1(2), June 16, 1978, 92 Stat. 319.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-295 inserted provisions requiring consultation

and cooperation with the Secretary of State, Commonwealth of the

Northern Mariana Islands, and all appropriate member nations of a

South Pacific regional fishery agency, if such an agency is formed.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e, 758e-1a, 758e-3,

758e-4, 758e-5 of this title.

-CITE-

16 USC Sec. 758e-1a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-1a. Cooperative program for development of tuna and other

latent fishery resources in area; establishment; availability

of project information

-STATUTE-

In addition to the authority granted in section 758e of this

title, the Secretary, in consultation with representatives of all

interested member nations of the agency, and those parties set

forth in section 758e-1 of this title, may establish in accordance

with section 758e of this title, a cooperative program for the

development of tuna and other latent fisheries resources of the

Central, Western, and South Pacific Ocean to be submitted to the

President and the Congress within one year following official

formation of the agency. The Secretary shall make available to all

interested member nations of the agency the results and findings of

research or development projects carried out under sections 758e to

758e-5 of this title.

-SOURCE-

(Pub. L. 92-444, Sec. 4, as added Pub. L. 95-295, Sec. 1(3), June

16, 1978, 92 Stat. 319.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e, 758e-1, 758e-3,

758e-4, 758e-5 of this title.

-CITE-

16 USC Sec. 758e-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-2. Repealed. Pub. L. 99-386, title I, Sec. 102, Aug. 22,

1986, 100 Stat. 821

-MISC1-

Section, Pub. L. 92-444, Sec. 5, formerly Sec. 4, Sept. 29, 1972,

86 Stat. 745; Pub. L. 94-273, Sec. 2(10), Apr. 21, 1976, 90 Stat.

375; Pub. L. 94-343, Sec. 1(2), July 6, 1976, 90 Stat. 809;

renumbered Pub. L. 95-295, Sec. 1(4), June 16, 1978, 92 Stat. 319,

related to submission to President and Congress of annual report by

Secretary on Central, Western, and South Pacific Ocean fisheries

development program.

-CITE-

16 USC Sec. 758e-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-3. Regulations; contract terms and conditions

-STATUTE-

The Secretary shall prescribe such regulations as may be

necessary to carry out the purposes of sections 758e to 758e-5 of

this title. Any contract entered into pursuant to section 758e of

this title shall be subject to such terms and conditions as the

Secretary deems necessary and appropriate to protect the interests

of the United States.

-SOURCE-

(Pub. L. 92-444, Sec. 6, formerly Sec. 5, Sept. 29, 1972, 86 Stat.

745; renumbered Sec. 6, Pub. L. 95-295, Sec. 1(4), June 16, 1978,

92 Stat. 319.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e, 758e-1, 758e-1a,

758e-4, 758e-5 of this title.

-CITE-

16 USC Sec. 758e-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-4. ''Central, Western, and South Pacific Ocean area''

defined

-STATUTE-

As used in sections 758e to 758e-5 of this title, the term

''Central, Western, and South Pacific Ocean'' means that area of

the Pacific Ocean between latitudes 30 degrees north to 30 degrees

south and from longitudes 120 degrees east to 130 degrees west.

-SOURCE-

(Pub. L. 92-444, Sec. 7, formerly Sec. 6, Sept. 29, 1972, 86 Stat.

745; renumbered Sec. 7, Pub. L. 95-295, Sec. 1(4), June 16, 1978,

92 Stat. 319.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e, 758e-1, 758e-1a,

758e-3, 758e-5 of this title.

-CITE-

16 USC Sec. 758e-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 758e-5. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated for the period beginning

July 1, 1973, and ending June 30, 1976, the sum of $3,000,000, and

for the period beginning July 1, 1976, and ending September 30,

1979, the sum of $4,000,000, and for each of the fiscal years 1980,

1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991,

1992, 1993, 1994, and 1995, the sum of $5,000,000, to carry out the

purposes of sections 758e to 758e-5 of this title. Sums

appropriated pursuant to this section shall remain available until

expended.

-SOURCE-

(Pub. L. 92-444, Sec. 8, formerly Sec. 7, Sept. 29, 1972, 86 Stat.

745; Pub. L. 94-343, Sec. 1(3), July 6, 1976, 90 Stat. 809;

renumbered Sec. 8 and amended Pub. L. 95-295, Sec. 1(4), 2, June

16, 1978, 92 Stat. 319, 320; Pub. L. 97-453, Sec. 15(d), Jan. 12,

1983, 96 Stat. 2493; Pub. L. 99-659, title IV, Sec. 403, Nov. 14,

1986, 100 Stat. 3737; Pub. L. 101-627, title VI, Sec. 601, Nov. 28,

1990, 104 Stat. 4463.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-627, which directed the substitution of

''1988, 1989, 1990, 1991, 1992, 1993, 1994, and 1995'' for ''and

1988'' in section 7 of the Central, Western, and South Pacific

Fisheries Development Act, meaning section 7 of Pub. L. 92-444, was

executed by making the substitution in section 8 of Pub. L. 92-444,

this section, to reflect the probable intent of Congress and the

renumbering of section 7 as 8 by Pub. L. 95-295, Sec. 1(4).

1986 - Pub. L. 99-659 inserted provision authorizing

appropriations for each of fiscal years 1986, 1987, and 1988.

1983 - Pub. L. 97-453 substituted ''1982, 1983, 1984, and 1985''

for ''and 1982''.

1978 - Pub. L. 95-295 inserted provision authorizing

appropriations of $5,000,000 for each of fiscal years 1980 to 1982,

and substituted ''$4,000,000'' for ''$3,000,000''.

1976 - Pub. L. 94-343 inserted provision authorizing

appropriations for period beginning July 1, 1976, and ending Sept.

30, 1979, the sum of $3,000,000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 758e, 758e-1, 758e-1a,

758e-3, 758e-4 of this title.

-CITE-

16 USC Sec. 759 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 759. Omitted

-COD-

CODIFICATION

Section, act Aug. 18, 1949, ch. 478, Sec. 2, 63 Stat. 616,

authorized Secretary of the Interior through the Fish and Wildlife

Service to undertake an Atlantic Coast shad study, prescribed a

$75,000 per annum cost limitation for a six year period, and

authorized transfer to such Service from Federal agencies or

corporations surplus boats or equipment for conduct of the studies.

Section 4 of act Aug. 18, 1949 authorized appropriations for

carrying out the purposes of act Aug. 18, 1949.

-CITE-

16 USC Sec. 760 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760. Establishment of rearing ponds and fish hatchery in

Kentucky

-STATUTE-

The Secretary of the Interior is authorized to construct, equip,

maintain, and operate rearing ponds and a fish hatchery at a

suitable location in Kentucky.

-SOURCE-

(July 18, 1950, ch. 465, Sec. 1, 64 Stat. 343.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-1 of this title.

-CITE-

16 USC Sec. 760-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-1. Kentucky fish hatchery; authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated from time to time,

out of any moneys in the Treasury not otherwise appropriated, such

sums as may be necessary to carry out the purposes of section 760

of this title.

-SOURCE-

(July 18, 1950, ch. 465, Sec. 2, 64 Stat. 343.)

-MISC1-

APPROPRIATION FOR ACQUISITION OF LANDS AND CONSTRUCTION

In addition to enacting this section, section 2 of act July 18,

1950, authorized a maximum appropriation of $275,000 for the

acquisition of lands and water rights or interests therein and the

construction and equipment of the station provided for by section

760.

-CITE-

16 USC Sec. 760-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-2. Establishment of fish hatchery in Montana

-STATUTE-

The Secretary of the Interior is authorized to establish,

construct, equip, operate, and maintain a new fish hatchery in the

vicinity of Miles City, Montana.

-SOURCE-

(June 4, 1956, ch. 366, Sec. 1, 70 Stat. 247.)

-MISC1-

TRANSFER OF MILES CITY NATIONAL FISH HATCHERY

Pub. L. 99-432, Sec. 7, Oct. 1, 1986, 100 Stat. 990, provided

that: ''Notwithstanding any other law, the Secretary of the

Interior shall convey to the State of Montana, without

reimbursement to the United States and no later than thirty days

following enactment of this legislation (Oct. 1, 1986), all of the

rights (including all water rights), title, and interest of the

United States in and to the fish hatchery property located south of

Miles City, Montana, and known as the Miles City National Fish

Hatchery, consisting of 168.22 acres, more or less, of land,

together with any improvements and related personal property

thereon. The property conveyed shall be used by the Montana

Department of Fish, Wildlife and Parks as part of the Montana

fishery resources management program. If the property conveyed is

ever used for other than these purposes, title to such property

shall revert to the United States.''

Similar provisions were contained in Pub. L. 99-500, Sec. 101(h)

(title I, Sec. 112), Oct. 18, 1986, 100 Stat. 1783-242, 1783-262,

and Pub. L. 99-591, Sec. 101(h) (title I, Sec. 112), Oct. 30, 1986,

100 Stat. 3341-242, 3341-262.

APPROPRIATIONS

Section 2 of act June 4, 1956, authorized an appropriation of

$465,000 to carry out this section.

-CITE-

16 USC Sec. 760-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-3. Establishment of trout hatchery in Pisgah National

Forest

-STATUTE-

The Secretary of the Interior, after consulting with the

Secretary of Agriculture, shall establish, construct, equip,

operate, and maintain a trout hatchery at an appropriate location

on the Davidson River in the Pisgah National Forest, North

Carolina.

-SOURCE-

(June 18, 1956, ch. 404, Sec. 1, 70 Stat. 292.)

-MISC1-

APPROPRIATIONS

Section 2 of act June 18, 1956, authorized the appropriation of

$375,000 to carry out the purposes of this section.

-CITE-

16 USC Sec. 760-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-4. Establishment of trout hatchery at Pittsford, Vermont

-STATUTE-

The Secretary of the Interior shall develop, reconstruct, equip,

operate, and maintain the Federal fish hatchery, known as the

Holden trout hatchery, at Pittsford, Vermont, in accordance with

the program established by the Fish and Wildlife Service,

Department of the Interior, for the improvement of such hatchery.

-SOURCE-

(Aug. 1, 1956, ch. 845, Sec. 1, 70 Stat. 897.)

-MISC1-

APPROPRIATIONS

Section 2 of act Aug. 1, 1956, authorized the appropriation of

$220,000 to carry out the provisions of this section.

-CITE-

16 USC Sec. 760-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-5. Establishment of fish hatchery at Paint Bank, Virginia

-STATUTE-

The Secretary of the Interior is authorized and directed to

construct, equip, maintain, and operate a new fish hatchery in the

vicinity of Paint Bank, Virginia.

-SOURCE-

(Aug. 3, 1956, ch. 943, Sec. 1, 70 Stat. 1020.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-6 of this title.

-CITE-

16 USC Sec. 760-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-6. Virginia fish hatchery; authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out section 760-5 of this title.

-SOURCE-

(Aug. 3, 1956, ch. 943, Sec. 2, 70 Stat. 1020.)

-CITE-

16 USC Sec. 760-7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-7. Establishment of fish hatchery in West Virginia

-STATUTE-

The Secretary of the Interior is authorized to establish,

construct, equip, operate, and maintain a new fish hatchery in the

State of West Virginia.

-SOURCE-

(Aug. 6, 1956, ch. 978, Sec. 1, 70 Stat. 1057.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-8 of this title.

-CITE-

16 USC Sec. 760-8 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-8. West Virginia fish hatchery; authorization of

appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of section 760-7 of this

title.

-SOURCE-

(Aug. 6, 1956, ch. 978, Sec. 2, 70 Stat. 1057.)

-CITE-

16 USC Sec. 760-9 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-9. Establishment of fish hatchery in Pennsylvania

-STATUTE-

The Secretary of the Interior is authorized to establish,

construct, equip, operate, and maintain a new fish hatchery in the

northwestern part of the State of Pennsylvania.

-SOURCE-

(Pub. L. 86-205, Sec. 1, Aug. 25, 1959, 73 Stat. 430.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-10 of this title.

-CITE-

16 USC Sec. 760-10 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-10. Pennsylvania fish hatchery; authorization of

appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of section 760-9 of this

title.

-SOURCE-

(Pub. L. 86-205, Sec. 2, Aug. 25, 1959, 73 Stat. 430.)

-CITE-

16 USC Sec. 760-11 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-11. Acceptance and development of fish hatchery in South

Carolina

-STATUTE-

The Secretary of the Interior is authorized, in his discretion

and upon such terms and conditions as he shall consider to be in

the public interest, to accept by donation on behalf of the United

States, title to the Orangeburg County, South Carolina, fish

hatchery, together with the right to take adequate water from

Orangeburg County Lake therefor. The Secretary is authorized to

rehabilitate and expand the rearing ponds and other hatchery

facilities, to purchase lands adjoining such station in connection

with the rehabilitation and expansion of such facilities, and to

equip, operate, and maintain said fish hatchery.

-SOURCE-

(Pub. L. 86-572, Sec. 1, July 5, 1960, 74 Stat. 311.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-12 of this title.

-CITE-

16 USC Sec. 760-12 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760-12. South Carolina fish hatchery; authorization of

appropriations

-STATUTE-

There are hereby authorized to be appropriated such funds as may

be necessary to carry out the purposes of section 760-11 of this

title.

-SOURCE-

(Pub. L. 86-572, Sec. 2, July 5, 1960, 74 Stat. 311.)

-CITE-

16 USC Sec. 760a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760a. Atlantic Coast fish study for development and protection

of fish resources

-STATUTE-

The Secretary of Commerce is directed to undertake a

comprehensive continuing study of species of fish of the Atlantic

coast, including bays, sounds, and tributaries, for the purpose of

recommending to the States of such coast appropriate measures for

the development and protection of such resources and their wisest

utilization, whether for sports or commercial fishing or both,

including the limitations on season, take per unit of time, per

man, or per gear, or such other recommendations as will most

effectively provide for the public the maximum production and

utilization of such fish consistent with the maintenance of an

adequate brood reserve.

-SOURCE-

(Aug. 25, 1950, ch. 782, Sec. 1, 64 Stat. 474; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760c of this title.

-CITE-

16 USC Sec. 760b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760b. Equipment for studies; cooperation of Federal

departments and agencies

-STATUTE-

The Secretary is directed to make application through appropriate

channels to other Federal departments or agencies for such boats

and other equipment in custody of such departments or agencies as

may be suitable for studies authorized hereunder, and such Federal

departments and agencies are authorized to transfer such boats and

other equipment to the Department of Commerce without reimbursement

of funds.

-SOURCE-

(Aug. 25, 1950, ch. 782, Sec. 2, 64 Stat. 474; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

''Department of Commerce'' substituted in text for ''Department

of the Interior'' in view of transfer of functions to Secretary of

Commerce from Secretary of the Interior by Reorg. Plan No. 4 of

1970, see note set out under section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760c of this title.

-CITE-

16 USC Sec. 760c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760c. Studies; authorization of appropriations

-STATUTE-

There is authorized to be appropriated from time to time, out of

any moneys in the Treasury not otherwise appropriated, such sums,

not in excess of $250,000 per annum, as may be necessary to carry

out the purposes and objectives of sections 760a to 760c of this

title.

-SOURCE-

(Aug. 25, 1950, ch. 782, Sec. 3, 64 Stat. 474.)

-CITE-

16 USC Sec. 760d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760d. Grants for education and training of personnel in the

field of commercial fishing

-STATUTE-

(a) Public and private nonprofit universities and colleges

The Secretary of Commerce is authorized to make grants, out of

funds appropriated for the purposes of this section, to public and

nonprofit private universities and colleges in the several States

and Territories of the United States for such purposes as may be

necessary to promote the education and training of professionally

trained personnel (including scientists, technicians, and teachers)

needed in the field of commercial fishing. Any amount appropriated

for the purposes of this section shall be apportioned on an

equitable basis, as determined by the Secretary of Commerce, among

the several States and Territories for the purpose of making grants

within each such State and Territory. In making such apportionment

the Secretary of Commerce shall take into account the extent of the

fishing industry within each State and Territory as compared with

the total fishing industry of the United States (including

Territories), and such other factors as may be relevant in view of

the purposes of this section.

(b) Authorization of appropriations

There are authorized to be appropriated not in excess of $550,000

for the fiscal year beginning on July 1, 1955, and for each fiscal

year thereafter for the purposes of this section.

(c) Regulations

The Secretary of Commerce may establish such regulations as may

be necessary to carry out the provisions of this section.

-SOURCE-

(Aug. 8, 1956, ch. 1039, Sec. 1, 70 Stat. 1126; 1970 Reorg. Plan

No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-CITE-

16 USC Sec. 760e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760e. Study of migratory game fish; waters; research; purpose

-STATUTE-

The Secretary of Commerce is directed to undertake a

comprehensive continuing study of the migratory marine fish of

interest to recreational fishermen of the United States, including

species inhabiting the offshore waters of the United States and

species which migrate through or spend a part of their lives in the

inshore waters of the United States. The study shall include, but

not be limited to, research on migrations, identity of stocks,

growth rates, mortality rates, variations in survival,

environmental influences, both natural and artificial, including

pollution, and effects of fishing on the species, for the purpose

of developing wise conservation policies and constructive

management activities.

-SOURCE-

(Pub. L. 86-359, Sec. 1, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg.

Plan No. 4, Sec. 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 760f, 760g of this title.

-CITE-

16 USC Sec. 760f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760f. Migratory game fish study; authorization to acquire

facilities, employ officers and employees, cooperate with State

and other agencies, and to publish results

-STATUTE-

For the purpose of carrying out the provisions of sections 760e

to 760g of this title, the Secretary of Commerce is authorized (1)

to acquire lands, construct laboratory or other buildings, purchase

boats, acquire such other equipment and apparatus, and to employ

such officers and employees as he deems necessary; (2) to cooperate

or contract with State and other institutions and agencies upon

such terms and conditions as he determines to be appropriate; and

(3) to make public the results of such research conducted pursuant

to section 760e of this title.

-SOURCE-

(Pub. L. 86-359, Sec. 2, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg.

Plan No. 4, Sec. 1(b), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 755 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760g of this title.

-CITE-

16 USC Sec. 760g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760g. Authorization of appropriations for migratory game fish

study

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of sections 760e to 760g

of this title: Provided, That no more than $2,700,000 be

appropriated for this purpose in any one fiscal year.

-SOURCE-

(Pub. L. 86-359, Sec. 3, Sept. 22, 1959, 73 Stat. 643.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760f of this title.

-CITE-

16 USC Sec. 760h to 760l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 9A - PRESERVATION OF FISHERY RESOURCES

-HEAD-

Sec. 760h to 760l. Omitted

-COD-

CODIFICATION

Section 760h, Pub. L. 87-173, Sec. 1, Aug. 30, 1961, 75 Stat.

409, provided for establishment of shellfisheries research center

at Milford, Connecticut and included a statement of purpose.

Section 760i, Pub. L. 87-173, Sec. 2, Aug. 30, 1961, 75 Stat.

409, authorized appropriation of $1,325,000 to carry out section

760h of this title.

Section 760j, Pub. L. 87-580, Sec. 1, Aug. 9, 1962, 76 Stat. 356,

related to propagation of disease resistant oysters, acquisition of

brood stock, transfer and distribution, and for State sharing of

costs.

Section 760k, Pub. L. 87-580, Sec. 2, Aug. 9, 1962, 76 Stat. 356,

authorized grants to States for research and other necessary

activities in development and propagation of disease-resistant

strains of oysters and conditions of such grants.

Section 760l, Pub. L. 87-580, Sec. 3, Aug. 9, 1962, 76 Stat. 357,

authorized appropriation of $100,000 to carry out sections 760j to

760l of this title.

-CITE-