PRIA, Government Policy, Made Personal

Summary

Hunting and fishing are allowed on lands and waters the Secretary manages inside the New River Gorge National River, as long as federal and state laws are followed. The Secretary can create places and time periods where hunting or fishing is not allowed for safety, management, or public use, but must talk with the state’s hunting and fishing agency before putting rules in place unless there is an emergency. West Virginia may stock fish in waters inside the national river while coordinating with the Secretary. This does not change West Virginia’s authority over fish and wildlife.

Title 16, §410eeee–6

Conservation, Source: USLM XML via OLRC

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the New River Gorge National River 11 See Change of Name note below. in accordance with applicable Federal and State laws, and he may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3467, known as the National Parks and Recreation Act of 1978. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 460m–20 of this title.

Amendments

2009—Pub. L. 111–11, which directed substitution of “shall” for “may” in first sentence, was executed by substituting “shall” for “may” the first time appearing, which was preceding “permit hunting and fishing”. 1996—Pub. L. 104–333 inserted at end “The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.”

Statutory Notes and Related Subsidiaries

Change of Name

New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.

Regulations

Pub. L. 108–108, title I, § 150, Nov. 10, 2003, 117 Stat. 1281, provided that: “The National Park Service shall issue a special regulation concerning continued hunting at New River Gorge National River [now New River Gorge National Park and Preserve] in compliance with the requirements of the Administrative Procedures [Procedure] Act [see

Short Title

note preceding section 551 of Title 5, Government Organization and Employees], with opportunity for public comment, and shall also comply with the National Environmental Policy Act [of 1969] [42 U.S.C. 4321 et seq.] as appropriate. Notwithstanding any other provision of law, the September 25, 2003 interim final rule authorizing continued hunting at New River Gorge National River shall be in effect until the final special regulation supercedes it.”

§410eeee–6 Hunting and Fishing Zones; Designation; Rules and Regulations, Consultation