
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: 16USC668ee]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
 
         SUBCHAPTER III--ENDANGERED SPECIES OF FISH AND WILDLIFE
 
Sec. 668ee. Definitions

    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.

(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 410hhh-4, 459j-4, 742f, 
3125, 3212 of this title; title 23 section 204.
