464 



respective State fish and game departments in fish 

 restoration and management projects as hereinafter 

 set forth : No money apportioned under this chapter 

 to any State, except as hereinafter provided, shall 

 be expended therein until its legislature, or other 

 State agency authorized by the State constitution to 

 make laws governing the conservation of fish, shall 

 have a.ssented to the provisions of this chapter and 

 shall have passed laws for the conservation of fish, 

 which shall include a prohibition against the diver- 

 sion of license fees paid by fishermen for any other 

 purpose than the administration of said State fish 

 and game department, except that, until the final 

 adjournment of the first regular session of the legis- 

 lature held after passage of this chapter, the assent 

 of the governor of the State shall be sufficient. The 

 Secretary of the Interior and the State fish and 

 game department of each State accepting the bene- 

 fits of this chapter shall agree upon the fish restora- 

 tion and management projects to be aided in such 

 State under the terms of this chapter, and all proj- 

 ects shall conform to the standards fixed by the 

 Secretary of the Interior. (Aug. 9. 1950, ch. 658, § 1. 

 64 Stat. 430.) 



§ 777a. Definitions. 



For the purpose of this chapter the term "fish 

 restoration and management projects" shall be con- 

 strued to mean projects designed for the restoration 

 and management of all species of fish which hava 

 material value in connection with sport or recrea- 

 tion in the marine and/or fresh waters of the United 

 States and include — 



(a) such research into problems of fish manage- 

 ment and culture as may be necessary to efficient 

 administration affecting fish resources; 



(b) the acquisition of such facts as are necessary 

 to guide and direct the regulation of fishing by law, 

 including the extent of the fish population, the 

 drain on the flsh supply from fishing and/or nat- 

 ural causes, the necessity of legal regulation of fish- 

 ing, and the effects of any measures of regulation 

 that are applied; 



(c) the formulation and adoption of plans of re- 

 stocking waters with food and game fishes accord- 

 ing to natural areas or districts to which such plans 

 are applicable, together with the acquisition of such 

 facts as are necessary to the formulation, execu- 

 tion, and testing the efHcacy of such plans; 



(d) the selection, restoration, rehabilitation, and 

 improvement of areas of water or land adaptable 

 as hatching, feeding, resting, or breeding places for 

 fish, including acquisition by purchase, condemna- 

 tion, lease, or gift of such areas or estates or in- 

 terests therein as are suitable or capable of being 

 made suitable therefor, and the construction thereon 

 or therein of such works as may be necessary to 

 make them available for such purposes, and such 

 preliminary or incidental costs and expenses as may 

 be incurred in and about such works; the term 

 "State fish and game department" shall be construefl 

 to mean and include any department or division ot 

 department of another name, or commission, or 

 official or officials, of a State empowered under its 

 laws to exercise the functions ordinarily exercised by 



a State fish and game department. (Aug. 9, 1950, 



ch. 658, § 2, 64 Stat. 431; July 2, 1956, ch. 489, § 3, 70 



Stat. 473; July 12. 1960, Pub. L. 86-624, § 12, 74 Stat. 



413.) 



Amendments 



I960 — Subsec. (d). Pub. L. 86-624 eliminated pro- 

 visions which defined the term "State" as including the 

 several States and the Territory or Hawaii. 



1956 — Act July 2. 1956, Included the deflnltlon of 

 "State." 



§ 777b. Appropriations. 



To carry out the provisions of this chapter, there Is 

 hereby authorized to be appropriated an amount 

 equal to the revenue accruing from tax Imposed by 

 section 3406 of Title 26, on fishing rods, creels, reels, 

 and artificial lures, baits, and files during the fiscal 

 year ending June 30, 1951, and each fiscal year there- 

 after. The appropriation made under the provisions 

 of this section for each fiscal year shall continue 

 available during the succeeding fiscal year. So 

 much of such appropriation apportioned to any State 

 for any fiscal year as remains unexpended at the 

 close thereof is authorized to be made available for 

 expenditure In that State until the close of the suc- 

 ceeding fiscal year. Any amount apportioned to any 

 State under the provisions of this chapter which Is 

 unexpended or unobligated at the end of the period 

 during which It is available for expenditure on any 

 project Is authorized to be made available for ex- 

 penditure by the Secretary of the Interior in carry- 

 ing on the research program of the Fish and Wild- 

 life Service in respect to fish of material value for 

 sport and recreation. (Aug. 9, 1950, ch. 658, § 3, 64 

 Stat. 431.) 



§ 777c. Funds available for expenses of investigations 

 and administration; apportionment of funds 

 among States. 



So much, not to exceed 8 per centum, of each 

 annual appropriation made in pursuance of the pro- 

 visions of section 777b of this title as the Secretary 

 of the Interior may estimate to be necessary for his 

 expenses in the conduct of necessary investigations, 

 administration, and the ■execution of this chapter 

 and for aiding in the formulation, adoption, or ad- 

 ministration of any compact between two or more 

 States for the conservation and management of 

 migratory fishes in marine or fresh waters shall be 

 deducted for that purpose, and such sum is author- 

 ized to be made available therefor until the expira- 

 tion of the next succeeding fiscal year. The Secretary 

 of the Interior, after making the aforesaid deduc- 

 tion, shall apportion the remainder of the appropri- 

 ation for each fiscal year among the several States 

 in the following manner: 40 per centum in the ratio 

 which the area of each State including coastal and 

 Great Lakes waters (as determined by the Secretary 

 of the Interior) bears to the total area of all the 

 States, and 60 per centum in the ratio which the 

 number of persons holding paid licenses to fish for 

 sport or recreation in the State in the second fiscal 

 year preceding the fiscal year for which such appor- 

 tionment is made, as certified to said Secretary by 

 the State fish and game departments, bears to the 

 number of such persons in all the States. Such ap- 



