16 U.S.C. § 410gg–2: Administration; fishing…

Summary

The Secretary must manage and protect the park under the law passed August 25, 1916, as changed later. The park’s waters stay open to fishing under Florida law, but after talking with Florida officials the Secretary can pick species, places, times, and methods to ban, limit, or regulate fishing to conserve the park. If the State donates land after this law takes effect, fishing there must follow State law. Biscayne National Monument, created October 18, 1968, is abolished and all its lands and waters are added to the park. Money set aside or authorized for the monument can be used for the park.

Title 16, §410gg–2

Conservation, Source: USLM XML via OLRC

(a)The Secretary shall preserve and administer the park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), as amended and supplemented. The waters within the park shall continue to be open to fishing in conformity with the laws of the State of Florida except as the Secretary, after consultation with appropriate officials of said State, designates species for which, areas and times within which, and methods by which fishing is prohibited, limited, or otherwise regulated in the interest of sound conservation to achieve the purposes for which the park is established: Provided, That with respect to lands donated by the State after the effective date of this subchapter, fishing shall be in conformance with State law.

(b)The Biscayne National Monument, as authorized by the Act of October 18, 1968 (82 Stat. 1188; 16 U.S.C. 450qq), as amended, is abolished as such, and all lands, waters, and interests therein acquired or reserved for such monument are hereby incorporated within and made a part of the park. Any funds available for the purposes of such monument are hereby made available for the purposes of the park, and authorizations of funds for the monument shall continue to be available for the park.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The

Effective Date

of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96–287, which was approved on

June 28, 1980. Act of

October 18, 1968, referred to in subsec. (b), is Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, which was classified to sections 450qq to 450qq–4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b).

§410gg–2 Administration; Fishing; Abolition of Biscayne National Monument; Monument Incorporated Within and Made Part of Park; Monument Funds and Appropriations Available for Park