§ 426. — Predatory and other wild animals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC426]
TITLE 7--AGRICULTURE
CHAPTER 17--MISCELLANEOUS MATTERS
Sec. 426. Predatory and other wild animals
The Secretary of Agriculture may conduct a program of wildlife
services with respect to injurious animal species and take any action
the Secretary considers necessary in conducting the program. The
Secretary shall administer the program in a manner consistent with all
of the wildlife services authorities in effect on the day before October
28, 2000.
(Mar. 2, 1931, ch. 370, Sec. 1, 46 Stat. 1468; Pub. L. 102-237, title X,
Sec. 1013(d), Dec. 13, 1991, 105 Stat. 1901; Pub. L. 106-387, Sec. 1(a)
[title VII, Sec. 767], Oct. 28, 2000, 114 Stat. 1549, 1549A-44.)
Amendments
2000--Pub. L. 106-387 inserted section catchline and amended text
generally. Prior to amendment, text read as follows: ``The Secretary of
Agriculture is authorized and directed to conduct such investigations,
experiments, and tests as he may deem necessary in order to determine,
demonstrate, and promulgate the best methods of eradication,
suppression, or bringing under control on national forests and other
areas of the public domain as well as on State, Territory, or privately
owned lands of mountain lions, wolves, coyotes, bobcats, prairie dogs,
gophers, ground squirrels, jack rabbits, brown tree snakes, and other
animals injurious to agriculture, horticulture, forestry, animal
husbandry, wild game animals, fur-bearing animals, and birds, and for
the protection of stock and other domestic animals through the
suppression of rabies and tularemia in predatory or other wild animals;
and to conduct campaigns for the destruction or control of such animals:
Provided, That in carrying out the provisions of this section the
Secretary of Agriculture may cooperate with States, individuals, and
public and private agencies, organizations, and institutions.''
1991--Pub. L. 102-237 inserted ``brown tree snakes,'' after
``rabbits,''.
Transfer of Functions
Functions of Secretary of Agriculture administered through Bureau of
Biological Survey, relating to conservation of wildlife, game, and
migratory birds, transferred to Secretary of the Interior by 1939 Reorg.
Plan No. II, Sec. 4(f), eff. July 1, 1939, set out in the Appendix to
Title 5, Government Organization and Employees. See also sections 401 to
404 of said plan for provisions relating to transfer of functions,
records, property, personnel, and funds.
Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title I, Sec. 101], Dec. 19,
1985, 99 Stat. 1185; Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 101 Stat.
1329-433, provided in part: ``That effective upon the date of enactment
of this Act [Dec. 19, 1985] and notwithstanding any other provision of
law, the authorities of the Secretary of Agriculture under the Act of
March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b), (transferred to the
Secretary of the Interior pursuant to section 4(f) of 1939
Reorganization Plan No. II) and all personnel, property, records,
unexpended balances of appropriations, allocations and other funds of
the Fish and Wildlife Service, United States Department of the Interior
used, held, available or to be made available in connection with the
administration of such Act, are hereby transferred from the Secretary of
the Interior to the Secretary of Agriculture, and this appropriation
shall be available to carry out such authorities.''
Prevention of Introduction of Brown Tree Snakes to Hawaii From Guam
Section 1013(a)-(c) of Pub. L. 102-237, as amended by Pub. L. 105-
277, div. A, Sec. 101(a) [title VII, Sec. 743], Oct. 21, 1998, 112 Stat.
2681, 2681-31, provided that:
``(a) In General.--The Secretary of Agriculture shall take such
action as may be necessary to prevent the inadvertent introduction of
brown tree snakes into other areas of the United States from Guam.
``(b) Introduction Into Hawaii.--The Secretary shall initiate a
program to prevent the introduction of the brown tree snake into Hawaii
from Guam. In carrying out this section, the Secretary shall consider
the use of sniffer or tracking dogs, snake traps, and other preventative
processes or devices at aircraft and vessel loading facilities on Guam,
Hawaii, or intermediate sites serving as transportation points that
could result in the introduction of brown tree snakes into Hawaii.
``(c) Authority.--The Secretary shall use the authority provided
under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.) to carry out
subsections (a) and (b).''
Pub. L. 102-190, div. A, title III, Sec. 348, Dec. 5, 1991, 105
Stat. 1348, provided that: ``The Secretary of Defense shall take such
action as may be necessary to prevent the inadvertent introduction of
brown tree snakes from Guam to Hawaii in aircraft and vessels
transporting personnel or cargo for the Department of Defense. In
carrying out this section, the Secretary shall consider the use of
sniffer or tracking dogs, snake traps, and other preventive processes or
devices at aircraft and vessel loading facilities in Guam or Hawaii or
at intermediate transit points for personnel or cargo transported
between Guam and Hawaii.''
Section Referred to in Other Sections
This section is referred to in section 426b of this title; title 16
section 2909.
