Page:United States Statutes at Large Volume 111 Part 2.djvu/173
PUBLIC LAW 105-57—OCT. 9, 1997 111 STAT. 1253 (7) On March 25, 1996, the President issued Executive Order 12996, which recognized "compatible wildlife-dependent recreational uses involving hunting, fishing, wildlife observation and photography, and environmental education and interpretation as priority public uses of the Refuge System". (8) Executive Order 12996 is a positive step and serves as the foundation for the permanent statutory changes made by this Act. SEC. 3. DEFINITIONS. (a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) is amended to read as follows: "SEC. 5. DEFINITIONS. "For purposes of this Act: "(1) The term 'compatible use' means a wildlife-dependent recreational use or any other use of a refuge that, in the sound professional judgment of the Director, will not materially interfere with or detract from the fulfillment of the mission of the System or the purposes of the refuge. "(2) The terms 'wildlife-dependent recreation' and 'wildlifedependent recreational use' mean a use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation. "(3) The term 'sound professional judgment' means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements of this Act and other applicable laws. "(4) The terms 'conserving', 'conservation', 'manage', 'managing', and 'management', mean to sustain and, where appropriate, restore and enhsmce, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modem scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking. "(5) The term 'Coordination Area' means a wildlife management area that is made available to a State— "(A) by cooperative agreement between the United States Fish and Wildlife Service and a State agency having control over wildlife resources pursuant to section 4 of the Fish and Wildlife Coordination Act (16 U.S.C. 664); or "(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.). "(6) The term 'Director' means the Director of the United States Fish and Wildlife Service or a designee of that Director. "(7) The terms 'fish', 'wildlife', and 'fish and wildlife' mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member. "(8) The term 'person' means any individual, partnership, corporation, or association.