CITE
16 USC Sec. 668ee 01/08/2008
EXPCITE
TITLE 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE
HEAD
Sec. 668ee. Definitions
STATUTE
For purposes of this Act:
(1) The term "compatible use" means a wildlife-dependent
recreational use or any other use of a refuge that, in the sound
professional judgment of the Director, will not materially
interfere with or detract from the fulfillment of the mission of
the System or the purposes of the refuge.
(2) The terms "wildlife-dependent recreation" and "wildlife-
dependent recreational use" mean a use of a refuge involving
hunting, fishing, wildlife observation and photography, or
environmental education and interpretation.
(3) The term "sound professional judgment" means a finding,
determination, or decision that is consistent with principles of
sound fish and wildlife management and administration, available
science and resources, and adherence to the requirements of this
Act and other applicable laws.
(4) The terms "conserving", "conservation", "manage",
"managing", and "management", mean to sustain and, where
appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance with applicable
Federal and State laws, methods and procedures associated with
modern scientific resource programs. Such methods and procedures
include, consistent with the provisions of this Act, protection,
research, census, law enforcement, habitat management,
propagation, live trapping and transplantation, and regulated
taking.
(5) The term "Coordination Area" means a wildlife management
area that is made available to a State -
(A) by cooperative agreement between the United States Fish
and Wildlife Service and a State agency having control over
wildlife resources pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III
of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C.
1010 et seq.).
(6) The term "Director" means the Director of the United States
Fish and Wildlife Service or a designee of that Director.
(7) The terms "fish", "wildlife", and "fish and wildlife" mean
any wild member of the animal kingdom whether alive or dead, and
regardless of whether the member was bred, hatched, or born in
captivity, including a part, product, egg, or offspring of the
member.
(8) The term "person" means any individual, partnership,
corporation, or association.
(9) The term "plant" means any member of the plant kingdom in a
wild, unconfined state, including any plant community, seed,
root, or other part of a plant.
(10) The terms "purposes of the refuge" and "purposes of each
refuge" mean the purposes specified in or derived from the law,
proclamation, executive order, agreement, public land order,
donation document, or administrative memorandum establishing,
authorizing, or expanding a refuge, refuge unit, or refuge
subunit.
(11) The term "refuge" means a designated area of land, water,
or an interest in land or water within the System, but does not
include Coordination Areas.
(12) The term "Secretary" means the Secretary of the Interior.
(13) The terms "State" and "United States" mean the several
States of the United States, Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the territories and possessions of the
United States.
(14) The term "System" means the National Wildlife Refuge
System designated under section 668dd(a)(1) of this title.
(15) The terms "take", "taking", and "taken" mean to pursue,
hunt, shoot, capture, collect, or kill, or to attempt to pursue,
hunt, shoot, capture, collect, or kill.
SOURCE
(Pub. L. 89-669, Sec. 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105-
57, Sec. 3(a), Oct. 9, 1997, 111 Stat. 1253.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 89-669, Oct. 15,
1966, 80 Stat. 927, as amended, which enacted sections 668aa to
668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d,
and repealed sections 715d-1, 715d-2, 715l, 715m of this title. For
complete classification of this Act to the Code, see Tables.
The Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B),
is act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III
of the Act is classified generally to subchapter III (Sec. 1010 et
seq.) of chapter 33 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set
out under section 1000 of Title 7 and Tables.
AMENDMENTS
1997 - Pub. L. 105-57 inserted section catchline and amended text
generally. Prior to amendment, text read as follows:
"(a) The term 'person' as used in this Act means any individual,
partnership, corporation, or association.
"(b) The terms 'take' or 'taking' or 'taken' as used in this Act
mean to pursue, hunt, shoot, capture, collect, kill, or attempt to
pursue, hunt, shoot, capture, collect, or kill.
"(c) The terms 'State' and the 'United States' as used in this
Act mean the several States of the United States, the Commonwealth
of Puerto Rico, American Samoa, the Virgin Islands, and Guam."