
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4402]

 
                         TITLE 16--CONSERVATION
 
            CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
 
Sec. 4402. Definitions

    For the purposes of this chapter:
        (1) The term ``Agreement'' means the Tripartite Agreement signed 
    in March 1988, by the Director General for Ecological Conservation 
    of Natural Resources of Mexico, the Director of the Canadian 
    Wildlife Service, and the Director of the United States Fish and 
    Wildlife Service.
        (2) The term ``appropriate Committees'' means the Committee on 
    Environment and Public Works of the United States Senate and the 
    Committee on Merchant Marine and Fisheries of the United States 
    House of Representatives.
        (3) The term ``flyway'' means the four administrative units used 
    by the United States Fish and Wildlife Service and the States in the 
    management of waterfowl populations.
        (4) The term ``Migratory Bird Conservation Commission'' means 
    that commission established by section 715a of this title.
        (5) The term ``migratory birds'' means all wild birds native to 
    North America that are in an unconfined state and that are protected 
    under the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.], 
    including ducks, geese, and swans of the family Anatidae, species 
    listed as threatened or endangered under the Endangered Species Act 
    (16 U.S.C. 1531 et seq.), and species defined as nongame under the 
    Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901-2912).
        (6) The term ``Plan'' means the North American Waterfowl 
    Management Plan signed by the Minister of the Environment for Canada 
    and the Secretary of the Interior for the United States in May 1986.
        (7) The term ``Secretary'' means the Secretary of the Interior.
        (8) The term ``State'' means the State fish and wildlife agency, 
    which shall be construed to mean any department, or any division of 
    any department of another name, of a State that is empowered under 
    its laws to exercise the functions ordinarily exercised by a State 
    fish and wildlife agency.
        (9) The term ``wetlands conservation project'' means--
            (A) the obtaining of a real property interest in lands or 
        waters, including water rights, if the obtaining of such 
        interest is subject to terms and conditions that will ensure 
        that the real property will be administered for the long-term 
        conservation of such lands and waters and the migratory birds 
        and other fish and wildlife dependent thereon;
            (B) the restoration, management, or enhancement of wetland 
        ecosystems and other habitat for migratory birds and other fish 
        and wildlife species if such restoration, management, or 
        enhancement is conducted on lands and waters that are 
        administered for the long-term conservation of such lands and 
        waters and the migratory birds and other fish and wildlife 
        dependent thereon; and
            (C) in the case of projects undertaken in Mexico, includes 
        technical training and development of infrastructure necessary 
        for the conservation and management of wetlands and studies on 
        the sustainable use of wetland resources.

(Pub. L. 101-233, Sec. 3, Dec. 13, 1989, 103 Stat. 1969.)

                       References in Text

    The Migratory Bird Treaty Act, referred to in par. (5), is act July 
3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified 
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this 
title. For complete classification of this Act to the Code, see section 
710 of this title and Tables.
    The Endangered Species Act, referred to in par. (5), probably means 
the Endangered Species Act of 1973, Pub. L. 93-205, Dec. 28, 1973, 87 
Stat. 884, as amended, which is classified generally to chapter 35 
(Sec. 1531 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1531 of this 
title and Tables.
    The Fish and Wildlife Conservation Act of 1980, referred to in par. 
(5), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322, as amended, which 
is classified generally to chapter 49 (Sec. 2901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2901 of this title and Tables.

      Abolition of House Committee on Merchant Marine and Fisheries

    Committee on Merchant Marine and Fisheries of House of 
Representatives abolished and its jurisdiction transferred by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee 
on Merchant Marine and Fisheries of House of Representatives treated as 
referring to Committee on Resources of House of Representatives in case 
of provisions relating to fisheries, wildlife, international fishing 
agreements, marine affairs (including coastal zone management) except 
for measures relating to oil and other pollution of navigable waters, or 
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
