Title 16 — ConservationRelease 119-73
§745 Powers of Secretary
Title 16 › Chapter CHAPTER 9— - FISH AND WILDLIFE SERVICE › § 745
Summary
The Secretary of the Interior or the Secretary of Commerce can take fish or samples from tidal coastal waters and from lakes when needed for their official work, even if a State law or custom says otherwise.
Full Legal Text
Title 16, §745
Conservation — Source: USLM XML via OLRC
The Secretary of the Interior or the Secretary of Commerce, as appropriate, may take or cause to be taken at all times, in the waters of the seacoast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification R.S. § 4398 derived from Res. Feb. 9, 1871, No. 22, § 4, 16 Stat. 594.
Executive Documents
Transfer of Functions
Secretary of the Interior or Secretary of Commerce, as appropriate, substituted for Director of Fish and Wildlife Service in view of
Transfer of Functions
by Reorg. Plan No. 4 of 1970, see note set out under section 744 of this title. For
Transfer of Functions
of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. Transfer and consolidation of bureaus and functions, see note set out under section 742 of this title.
Reference
Citations & Metadata
Citation
16 U.S.C. § 745
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73