Title 16ConservationRelease 119-73not60

§745 Powers of Secretary

Title 16 › Chapter 9— FISH AND WILDLIFE SERVICE › § 745

Last updated Apr 5, 2026|Official source

Summary

The Interior or Commerce Secretary may, whenever needed for their work, take fish or fish samples from U.S. tidal coastal waters and lakes despite state rules.

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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60