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16 U.S.C. § 459a–1 — Administration, protection, and development; commercial fishing by residents; hunting

submitted 89 years ago by ch. 687 to r/title-16-CONSERVATION · 331 words · no verdicts yet

in plain englishAI-generated · not legal advice

The National Park Service runs and protects the Cape Hatteras seashore, under the Secretary of the Interior. This does not take away other agencies' existing power over federal land there. Village residents may still fish there to earn a living. Hunting is allowed in specific zones, under rules that follow federal bird-protection law.

This section is a single, undivided provision with several provisos and a lettered hunting-zone list.

Administration: The National Park Service, acting for the Secretary of the Interior, administers, protects, and develops the seashore area. It does this under the 1916 Act that created the National Park Service, as amended.

First proviso — no loss of existing jurisdiction: Nothing here takes away the jurisdiction other federal agencies already had, as of August 17, 1937, over federally owned land inside the seashore area.

Second proviso — Federal Power Act excluded: The Federal Power Act does not apply to this national seashore recreational area.

Third proviso — village fishing rights: Legal residents of the villages named in section 459 of this title may earn a living by fishing inside the boundaries the Secretary sets. This right is subject to rules the Secretary may set to protect the area for recreational use, under sections 459 to 459a–3 of this title.

Fourth proviso — hunting allowed: Hunting is permitted, under rules the Secretary sets that follow the Migratory Bird Treaty Act of 1918, in four places:
(a) the waters of the sounds inside the seashore area;
(b) the area north of the Currituck County line;
(c) Ocracoke Island; and
(d) up to two thousand acres of land in the rest of the seashore area, as the Secretary designates — except on land and water that is part of an existing or future wildlife or migratory bird refuge, and the closed waters next to it.

the actual law source: uscode.house.gov ↗public domain

The administration, protection, and development of the aforesaid national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,1 as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: Provided further, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.], shall not apply to this national seashore recreational area: And provided further, That the legal residents of villages referred to in section 459 of this title shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in sections 459 to 459a–3 of this title: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [16 U.S.C. 703 et seq.], as follows: (a) Upon the waters of the sounds included within the national seashore recreational area, (b) in the area north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two thousand acres of land in the remaining portion of said national seashore recreational area, as shall be designated by the Secretary of the Interior; except on lands and waters included in any existing or future wildlife or migratory bird refuge and adjacent closed waters.

Source credit: (Aug. 17, 1937, ch. 687, § 3, 50 Stat. 670; June 29, 1940, ch. 459, §§ 1, 2, 54 Stat. 702.)

history & why it existsrecord from the source credit
  • 1937Enacted · Act of Aug. 17, 1937, ch. 687 · 50 Stat. 670
  • 1940Amended · Act of June 29, 1940, ch. 459 · 54 Stat. 702

A history note hasn’t been published yet. The record shows enactment by ch. 687 on 1937-08-17.

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