CITE

    16 USC Sec. 460m-20                                         01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER

HEAD

    Sec. 460m-20. Hunting and fishing zones; designation; rules and
      regulations, consultation

STATUTE

      The Secretary may permit hunting and fishing on lands and waters
    under his jurisdiction within the boundaries of the New River Gorge
    National River in accordance with applicable Federal and State
    laws, and he may designate zones where, and establish periods when,
    no hunting or fishing shall be permitted for reasons of public
    safety, administration, fish or wildlife management, or public use
    and enjoyment. Except in emergencies, any rules and regulations of
    the Secretary pursuant to this section shall be put into effect
    only after consultation with the appropriate State agency
    responsible for hunting and fishing activities. The Secretary shall
    permit the State of West Virginia to undertake fish stocking
    activities carried out by the State, in consultation with the
    Secretary, on waters within the boundaries of the national river.
    Nothing in this Act shall be construed as affecting the
    jurisdiction of the State of West Virginia with respect to fish and
    wildlife.

SOURCE

    (Pub. L. 95-625, title XI, Sec. 1106, Nov. 10, 1978, 92 Stat. 3547;
    Pub. L. 104-333, div. I, title IV, Sec. 406(a)(2), Nov. 12, 1996,
    110 Stat. 4149.)

REFERENCES IN TEXT

      This Act, referred to in text, is Pub. L. 95-625, Nov. 10, 1978,
    92 Stat. 3467, known as the National Parks and Recreation Act of
    1978. For complete classification of this Act to the Code, see
    Short Title of 1978 Amendment note set out under section 1 of this
    title and Tables.

AMENDMENTS

      1996 - Pub. L. 104-333 inserted at end "The Secretary shall
    permit the State of West Virginia to undertake fish stocking
    activities carried out by the State, in consultation with the
    Secretary, on waters within the boundaries of the national river.
    Nothing in this Act shall be construed as affecting the
    jurisdiction of the State of West Virginia with respect to fish and
    wildlife."
                                REGULATIONS
      Pub. L. 108-108, title I, Sec. 150, Nov. 10, 2003, 117 Stat.
    1281, provided that: "The National Park Service shall issue a
    special regulation concerning continued hunting at New River Gorge
    National River in compliance with the requirements of the
    Administrative Procedures [Procedure] Act [see Short Title note
    preceding section 551 of Title 5, Government Organization and
    Employees], with opportunity for public comment, and shall also
    comply with the National Environmental Policy Act [of 1969] [42
    U.S.C. 4321 et seq.] as appropriate. Notwithstanding any other
    provision of law, the September 25, 2003 interim final rule
    authorizing continued hunting at New River Gorge National River
    shall be in effect until the final special regulation supercedes
    it."