106 STAT. 5096 PUBLIC LAW 102-587—NOV. 4, 1992 (3) to encourage private donations, under the leadership of the National Fish and Wildlife Foundation, to cany out wildlife conservation and appreciation projects. 16 USC 3743. SEC. 7104. DEFINITIONS. As used in this title— (1) The terms "conserve" and "conservation" mean to use, and the use of, such methods and procedures which are necessary to ensure, to the maximum extent practicable, the well being and enhancement of fish and wildlife and their habitats for the educational, aesthetic, cultural, recreational, scientific, and ecological enrichment of the public. Such methods and procedures may include, but are not limited to, any activity associated with scientific resources management, such as research, census, law enforcement, habitat acquisition, mainter nance, development, information, education, population manipulation, propagation, technical assistance to private landowners, live trapping, and transplantation. (2) The term "designated State agency" means the State fish and wildlife agency, which shall be construed to mean any department, or any division of any department of another name, of a State that is empowered under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency. (3) The term "fish and wildlife" means wild members of the animal kingdom that are in an imconfined state. (4) The term "Fund" means the Wildlife Conservation and Appreciation Fund established under section 5(f) of this Act. (5) The term "National Fish and Wildlife Foundation" means the charitable and nonprofit corporation established under section 2 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701). (6) The term "nonconsimiptive activities" means fish £tnd wildlife associated activities other than harvesting of fish and wildlife and includes, but is not limited to, photographing, observing, learning about, or associating with, Hsh and wildlife. (7) The term "Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (8) The term "wildlife conservation and appreciation project" means a project which is directed toward nonconsumptive activities or toward the conservation of those species of fish and wildlife that— (A) are not ordinarily taken for recreation, fur, or food; except that if under applicable State law, any fish and wildlife may be taken lor recreation, fur, or food in some but not all, areas of the State, a wildlife conservation and appreciation project may be directed toward the conservation of any of such fish and wildlife within any area of the State in which such taking is not permitted. (B) are not listed as endangered species or threatened species under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543); and (C) are not marine mammals within the. meaning of section 3(5) of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1362(5)).
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