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the Secretary determines that it satisfactorily meets all of the requirements set forth in section 802 of Title 46, for determining the United States citizenship of a corporation, partnership, or association operating a vessel in the coastwise trade.

(9) (A) The nationality of an applicant shall be established to the satisfaction of the Secretary. Within the meaning of this section, no corporation, partnership, or association organized under the laws of American Samoa shall be deemed a national of the United States unless 75 per centum of the interest therein is owned by nationals of the United States, citizens of the United States, or both, and in the case of a corporation, unless its president or other chief executive officer and the chairman of its board are nationals or citizens of the United States and unless no more of its directors than a minority of the number necessary to constitute a quorum are nonnationals and noncitizens.

(B) Seventy-five per centum of the interest in
a corporation shall not be deemed to be owned by
nationals of the United States, citizens of the
United States, or both, (i) if the title to 75 per
centum of its stock is not vested in such nationals
and citizens free from any trust or fiduciary obli-
gation in favor of any person not a national or
citizen of the United States; or (ii) if 75 per cen-
tum of the voting power in such corporation is
not vested in nationals of the United States, citi-
zens of the United States, or both; or (iii) if
through any contract or understanding it is so
arranged that more than 25 per centum of the
voting power may be exercised, directly or indi-
rectly, in behalf of any person who is not a na-
tional or citizen of the United States; or (iv) if
by any other means whatsoever control of any in-
terest in the corporation in excess of 25 per centum
is conferred upon or permitted to be exercised by
any person who is not a national or citizen of the
United States.

(c) Fisheries loan fund; interest payments on appro-
priations available as capital to the fund less aver-
age undispersed cash balance.

There is created a fisheries loan fund, which shall be used by the Secretary as a revolving fund to make loans for financing and refinancing under this section. Any funds received by the Secretary on or before June 30, 1980, in payment of principal or interest on any loans so made shall be deposited in the fund and be available for making additional loans under this section. The Secretary shall pay from the fund into the miscellaneous receipts of the Treasury, at the close of each fiscal year, interest on the cumulative amount of appropriations available as capital to the fund from and after July 1, 1965, less the average undispersed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding Treasury obligations of maturity comparable to the average maturity of loans made from the fund. In

terest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. Any funds received in the fisheries loan fund after June 30, 1980, and any balance remaining therein at the close of June 30, 1980 (at which time the fund shall cease to exist), shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fisheries loan fund the sum of $20,000,000 to provide initial capital.

(d) Modification of loan contract.

The Secretary, subject to the specific limitations in this section, may consent to the modification, with respect to the rate of interest, time of payment of any installment of principal, or security, of any loan contract to which he is a party.

(e) Chartering vessels; loans to Alaskan earthquake victims; termination date.

The Secretary is authorized under such terms and conditions and pursuant to regulations prescribed by him to use the funds appropriated under this section to make loans to commercial fishermen for the purpose of chartering fishing vessels pending the construction or repair of vessels lost, destroyed, or damaged by the earthquake of March 27, 1964, and subsequent tidal waves related thereto: Provided, That any loans made under this subsection shall only be repaid from the net profits of the operations of such chartered vessels, which profits shall be reduced by such reasonable amount as determined by the Secretary for the salary of the fishermen chartering such vessels. The funds authorized herein shall not be available for such loans after June 30, 1966. (Aug. 8, 1956, ch. 1036, § 4, 70 Stat. 1121; Sept. 2, 1958, Pub. L. 85-888, 72 Stat. 1710; May 20, 1964, Pub. L. 88-309, § 9, 78 Stat. 199; July 24, 1965, Pub. L. 89-85, §§ 1-4, 79 Stat. 262; June 12, 1970, Pub. L. 91-279, § 9, 84 Stat. 309; Aug. 24, 1970, Pub. L. 91– 387, §§ 1, 2, 84 Stat. 829.)

AMENDMENTS

1970-Subsec. (b)(2). Pub. L. 91-279 provided maturity period of fourteen years for loans for all or part of the costs of constructing new fishing vessels.

Subsec. (b) (7). Pub. L. 91–387, § 2, permitted a national of the United States to be an applicant for a fishery loan. Subsec. (b) (8). Pub. L. 91-387, § 2, substituted provision for Secretary's determination of United States citizenship of a corporation, partnership, or association by satisfactorily meeting all of the requirements set forth in section 802 of Title 46 for determination of citizenship of such entity operating a vessel in the coastwise trade, for prior provision for establishment of such citizenship within meaning of section 802 of Title 46 to satisfaction of the Secretary.

Subsec. (b) (9). Pub. L. 91-387, § 2, added par. (9). Subsec. (c). Pub. L. 91-387, § 1, extended the term for making fisheries loans, substituting "June 30, 1980" for "June 30, 1970" in three instances.

1965-Subsec. (a). Pub. L. 89-85, § 1, substituted "financing or refinancing of the cost of purchasing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear" for "financing and refinancing of operations, maintenance, replacement, repair, and equipment of fishing gear and vessels" and deleted provision for research into basic

problems of fisheries.

Subsec. (b). Pub. L. 89-85, §§ 2, 3, substituted in par (1) provision respecting determination of interest rate taking into consideration average market yield on outstanding Treasury obligations of comparable maturity

plus additional charge toward coverage of other costs of the program for former provision prescribing an interest rate of not less than 3 per centum per annum and added pars. (4)-(8), respectively.

Subsec. (c). Pub. L. 89-85, § 4, extended the term for making fisheries loans from June 30, 1965 to June 30, 1970, required the Secretary to pay at the end of each fiscal year into the miscellaneous receipts of the Treasury interest on the cumulative amount of appropriations available as capital to the fund after July 1, 1965, less the average undispersed cash balance in the fund during the year, provided formula for determination of rate of interest, and authorized the deferral of interest payments but with payment of interest on deferred payments.

1964 Subsec. (e). Pub. L. 88-309 added subsec. (e). 1958 Subsec. (c). Pub. L. 85-888 increased authorization for $10,000,000 to $20,000,000.

EFFECTIVE DATE OF 1970 AMENDMENT; FISHERIES LOAN FUND AVAILABLE FOR LOANS FROM JULY 1, 1970 TO CLOSE OF JUNE 30, 1980

Section 3 of Pub. L. 91-387 provided that: "The provisions of this Act [amending subsecs. (b) (7), (8) and (c) and adding subsec. (b) (9) of this section] shall be effective July 1, 1970. Notwithstanding the provisions of section 4(c) of the Fish and Wildlife Act of 1956, as amended [subsec. (c) of this section], any balance remaining in the fisheries loan fund at the close of June 30, 1970, shall be available to make loans for the purposes of section 4 of said Act [this section] from July 1, 1970, to the close of June 30, 1980."

EFFECTIVE DATE OF 1965 AMENDMENT: REMAINING FUNDS: AVAILABILITY FOR LOANS

Section 5 of Pub. L. 89-85 provided that: "The provisions of this Act [amending this section] shall be effective July 1, 1965. Notwithstanding the provisions of section 4(c) of the Fish and Wildlife Act of 1956, as amended, [subsec. (c) of this section], any balance remaining in the fisheries loan fund at the close of June 30, 1965, shall be available to make loans for the purposes of section 4 of said Act [this section] from July 1, 1965, to the close of June 30, 1970."

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat.set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research. Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 742h, 7421, 742j, 742k of this title.

§742d. Investigations; preparation and dissemination of information; reports.

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 following

matters:

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

(4) The collection and dissemination of statistics on commercial and sport fishing;

(5) The collection and dissemination 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 production and marketing practices in regard to commercial species and the conduct of educational and extension services relative to commercial and sport fishing, and wildlife 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.

(Aug. 8, 1956, ch. 1036, § 5, 70 Stat. 1121.)

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. 3, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, '742b, 742e, 742h, 7421, 742] of this title.

§ 742d-1. Studies of effects in use of chemicals.

The Administrator of the Environmental Protection Agency is authorized and directed to undertake comprehensive continuing studies on the effects of insecticides, herbicides, fungicides and pesticides, upon the fish and wildlife resources of the United States, for the purpose of determining the amounts, percentages, and formulations of such chemicals that are lethal to or injurious to fish and wildlife and the amounts, percentages, mixtures, or formulations that can be used safely, and thereby prevent losses of fish and wildlife from such spraying, dusting, or other treatment. (Pub. L. 85-582, § 1, Aug. 1, 1958, 72 Stat. 479; 1970 Reorg. Plan No. 3, § 2(a) (2) (i), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. ;)

TRANSFER OF FUNCTIONS

"Administrator of the Environmental Protection Agency" was substituted for "Secretary of the Interior" pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency all functions vested in the Secretary of the Interior by this section.

APPROPRIATIONS

Section 2 of Pub. L. 85–582, Aug. 1, 1958, 72 Stat. 479, as amended Pub. L. 86-279, Sept. 16, 1959, 73 Stat. 563; Pub. L. 89-232, Oct. 1, 1965, 79 Stat. 902; Pub. L. 90-394, July 11, 1968, 82 Stat. 338, provided that: "In order to carry out

the provisions of this Act [this section], there is authorized to be appropriated 83,500,000 for the fiscal year ending June 30, 1969, and for each of the two fiscal years immediately following such year. Such sums shall remain available until expended."

§ 742e. Transfer of functions, personnel, property, facilities, records, and funds; cooperation with other governmental agencies.

(a) There shall be transferred to the Secretary all functions of the Secretary of Agriculture, the Secretary of Commerce, and the head of any other department or agency, as determined by the Director of the Office of Management and Budget to relate primarily to the development, advancement, management, conservation, and protection of commercial fisheries; 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 agreements, or conventions with respect to the development, management, or protection of any fisheries and wildlife resources or with respect to international commissions operating under conventions to which the United States is a party.

(b) There shall be transferred to the Department of the Interior so much of the personnel, property, facilities, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available) as the Director of the Office of Management and 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) The Secretary may request and secure the advice or assistance of any department or agency of the Government in carrying out the provisions of sections 742a to 742d, and 742e to 742j of this title, and any such department or agency which furnishes advice or assistance to the Secretary may expend its own funds for such purposes, with or without reimbursement from the Secretary as may be agreed upon between the Secretary and the department or agency. (Aug. 8, 1956, ch. 1036, § 6, 70 Stat. 1122; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.

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CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. , set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or

the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg Plan also transferred the marine sport 5sh program of the Bureau of Sport Fisheries and Wildlife.

FISHING VESSEL INSURANCE

Secretary of Interior authorized to exercise authority in relation to issuance of insurance on fishing vessels com. parable to authority of Secretary of Commerce under Merchant Marine Act of 1936, as amended, see "Secretary of Interior: Fishing Vessel Insurance" note, set out under section 1275 of Title 46, Shipping.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 742a, 742b, 742h, 7421, 742) of this title.

§ 742f. Policies, procedures, and recommendations. (a) The Secretary of the Interior, with such advice and assistance as he may require from the Assistant Secretary for Fish and Wildlife, shall consider and determine the policies and procedures that are necessary and desirable in carrying out efficiently and in the public interest the laws relating to fish and wildlife. The Secretary, with the assistance of the departmental staff herein authorized, shall—

(1) develop and recommend measures which are appropriate to assure the maximum sustainable production of fish and fishery products and to prevent unnecessary and excessive fluctuations in such production;

(2) study the economic condition of the industry, and whenever he determines that any seg. ment of the domestic fisheries has been seriously disturbed either by wide fluctuation in the abundance of the resource supporting it, or by unstable market or fishing conditions or due to any other factors he shall make such recommendations to the President and the Congress as he deems appropriate to aid in stabilizing the domestic fisheries;

(3) develop and recommend special promotional and informational activities with a view to stimulating the consumption of fishery products whenever he determines that there is a prospective or actual surplus of such products;

(4) take such steps as may be required for the development, advancement, management, conservation, and protection of the fisheries resources; and

(5) take such steps as may be required for the development, management, advancement, conservation, and protection of wildlife resources through research, acquisition of refuge lands, development of existing facilities, and other means. (Aug. 8, 1956, ch. 1036, § 7, 70 Stat. 1122.)

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ferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 7420. 742h, 7421, 7421 of this title.

§742g. Cooperation with State Department; representation at international meetings; consultations. (a) The Secretary shall cooperate to the fullest practicable extent with the Secretary of State in providing representation at all meetings and conferences relating to fish and wildlife in which representatives of the United States and foreign countries participate.

The Secretary of State shall designate the Secretary of the Interior or the Assistant Secretary for Fish and Wildlife, or a person designated by the Secretary of the Interior to represent the Department of the Interior, as a member of the United States delegation attending such meetings and conferences and also as a member of the negotiating team of any such delegation.

(b) The Secretary of State and all other officials having responsibilities in the fields of technical and economic aid to foreign nations shall consult with the Secretary in all cases in which the interests of fish and wildlife are involved, with a view to assuring that such interests are adequately represented at all times.

(c) Notwithstanding any other provision of law, the Secretary shall be represented in all international negotiations conducted by the United States pursuant to section 1351 of Title 19, in any case in which fish products are directly affected by such negotiations.

(d) The Secretary shall consult periodically with the various governmental, private nonprofit, and other organizations and agencies which have to do with any phase of fish and wildlife with respect to any problems that may arise in connection with such fish and wildlife. (Aug. 8, 1956, ch. 1036, § 8, 70 Stat. 1123.)

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTION3

This section is referred to in sections 7428, 742b, 7420, 742h, 7421, 742) of this title.

§ 742h. Reports to Congress and the President.

(a) The Secretary of the Interior shall make an annual report to the Congress with respect to activities of the United States Fish and Wildlife Service under sections 742a to 742d, and 742e to 742j of this title, and shall make such recommendations for additional legislation as he deems necessary.

(b) The Secretary is authorized to make a report to the President and the Congress, and, when requested by the United States Tariff Commission in connection with section 1364 of Title 19, or when an investigation is made under the Tariff Act of 1930, the Secretary is authorized to make a report to such Commission, concerning the following matters with respect to any fishery product which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product

(1) whether there has been a downward trend in the production, employment in the production, or prices, or a decline in the sales, of the like or directly competitive product by the domestic industry; and

(2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry.

(Aug. 8, 1956, ch. 1036, § 9, 70 Stat. 1123.)

REFERENCES IN TEXT

Section 1364 of Title 19, referred to in subsec. (b), was repealed by Pub. L. 87-794, title II, § 257(e) (1), Oct. 11, 1962, 76 Stat. 882.

The Tariff Act of 1930, referred to in subsec. (b), is classified to chapter 4 of Title 19, Customs Duties.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 7421, 7421 of this title.

§ 7421. Effect on rights of States and international commissions.

Nothing in sections 742a to 742d, and 742e to 742j of this title shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act or otherwise provided by law, or to supersede any regulatory authority 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 International Commission established under any treaty or

convention to which the United States is a party. (Aug. 8, 1956, ch. 1038, § 10, 70 Stat. 1124.)

REFERENCES IN TEXT

The Submerged Lands Act, referred to in the text, is classified to chapter 29 of Title 43, Public Lands.

TRANSFER OF FUNCTIONS

The Bureau of Commercial Fisheries in the Department of the Interior and the Office of Director of the Bureau were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred to the Secretary of Commerce all functions formerly vested by law in the Bureau together with all functions formerly vested in the Secretary of the Interior or the Department of the Interior administered through the Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservior Research, the Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigation. Such Reorg. Plan also transferred the marine sport fish program of the Bureau of Sport Fisheries and Wildlife.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 742h, 742) of this title.

§ 742j. Appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 742a to 742d, and 742e to 742j of this title. (Aug. 8, 1956, ch. 1036, § 11, 70 Stat. 1124.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 742a, 742b, 742e, 742h, 7421 of this title.

§ 742k. Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities.

For the purpose of facilitating administration of, and protecting the interest of the Government in, the fishery loan fund established by section 742c of this title and any related type of activities relating to fisheries for which the Department of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provision of law, may hereafter administer, complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advantageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Secretary of the Interior. The Secretary may use any of the applicable funds in each particular instance for the aforesaid purposes. (Pub. L. 87-219, Sept. 13, 1961, 75 Stat. 493.)

§ 743. Details from Coast Guard.

The Secretary of Transportation is authorized to detail from time to time for duty under the Director of the Fish and Wildlife Service any officers and men of the Coast Guard whose services can be spared for such duty. (Mar. 3, 1885, ch. 360, 23 Stat. 494; Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561.)

AMENDMENTS

1949-Act Aug. 4, 1949, reestablished the Coast Guard and repealed act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

TRANSFER OF FUNCTIONS

Secretary of Transportation has been substituted for Secretary of the Treasury pursuant to Pub. L. 89–670, Oct. 15, 1968, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury to the Secretary of Transportation. See section 1655(b)(1) of Title 49. Transportation. Section 1655(b)(2) of Title 49, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in this section. All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and emplovees, by 1950 Reorg. Plan No. 3, §§ 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.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950. 15 F. R. 4935. 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Coast Guard, referred to in this section, was generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

See, also, notes under former sections 741 and 742 of this title.

§ 744. Investigations: fish propagation; annual statement of expenditures; investigations of damages by predacious fishes; executive assistance. The Director of the Fish and Wildlife Service shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. He shall submit annually to Con gress at the beginning of each session a detailed statement of expenditures under all appropriations for "propagation of food fishes." He is authorized and directed to conduct investigations and experi ments for the purpose of ameliorating the damage wrought to the fisheries by dogfish and other predacious fishes and aquatic animals. Said investigations and experiments shall be such as to develop the best and cheapest means of taking such fishes and acquatic animals, of utilizing them for economic purposes, especially for food, and to encourage the establishment of fisheries and markets for them. The heads of the several executive departments shall cause to be rendered all necessary and practiI cable aid to the Director in the prosecution of

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