Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

 

National Fish Hatchery Acts

National Fish Hatchery Acts: Authority for construction, operation, maintenance, transfer, and naming of fish hatcheries by the U.S. Fish and Wildlife Service is contained in a variety of specific and general statutes. Many of the older facilities were authorized by appropriation Acts, others as mitigation at water resource development projects, and still others by special Acts of Congress.

As of October 1, 1991, there were 78 National Fish Hatcheries and 2 related facilities (spawning channels, fish ladders, fish screens) under U.S. Fish and Wildlife Service administration.

Following are some of the statutes authorizing or directing specific actions relating to National Fish Hatcheries:

Allegheny, Pennsylvania (1974), August 24, 1959 (16 U.S.C. 760-9-760-1-; 73 Stat. 430)

Bankhead-Jones Farm Tenant Act, the Act of July 22, 1937 (7 U.S.C. 1000 et seq.; 50 Stat. 522), as amended -- Welaka, Florida (1938).

Berlin National Fish Hatchery -- P.L. 99-625 (100 Stat. 3502) directs the Secretary of the Interior and Agriculture to convey the hatchery to the State of New Hampshire. P.L. 100-653 (102 Stat. 3825), Section 406, reaffirmed the transfer excluding the acreage of the National Forest.

Bowden, West Virginia (1958), August 4, 1956 (16 U.S.C. 760-7-760-8; 70 Stat. 1057)

Central Valley Project, Sacramento Valley Reclamation Act (65 Stat. 1036) -- Tehama-Colusa, California (1967).

Cheraw Hatchery Transfer -- Sections 101 and 102 of P.L. 101-593 (104 Stat. 2954, enacted November 16, 1990) require the Secretary of the Interior to transfer, without reimbursement, the Cheraw hatchery to the State of South Carolina. No statutory time frame is specified.

Colorado River Storage Project Act (43 U.S.C. 620-620o; 70 Stat. 105), as amended -- Hotchkiss, Colorado (1967); Jones Hole, Utah (1968).

Cohutta National Fish Hatchery -- P.L. 100-653 (102 Stat. 3825), Section 401, requires the Secretary to transfer the hatchery to the University of Georgia.

Creston, Montana (1944), July 31, 1939, and December 13, 1944 (16 U.S.C. 161c-161d; 53 Stat. 1142, 58 Stat. 801) Dworshak, Idaho (1969), River and Harbor Act of 1962 (76 Stat. 1173).

Fish and Wildlife Coordination Act (16 U.S.C. 661-666c; 48 Stat. 401), as amended -- General authority for many hatcheries at water resource development projects.

Frankfort National Fish Hatchery -- July 18, 1950 (16 U.S.C. 760-760-1; 64 Stat. 343). Section 405 of P.L. 100-653 (102 Stat. 3825) requires the Secretary to transfer ownership of the hatchery to the State of Kentucky.

Genoa, Wisconsin (1931), Upper Mississippi River Wild Life and Fish Refuge (16 U.S.C. 721-731; 43 Stat. 650), as amended.

Jackson, Wyoming (1957), Palisades Dam and Reservoir Project, Idaho, Reauthorization Act of September 30, 1950 (64 Stat. 1083).

Lake Mills National Fish Hatchery -- Section 407 of P.L. 100-653 (102 Stat. 3825) requires the Secretary to transfer the hatchery to the State of Wisconsin.

McDowell County, West Virginia, Fish Hatchery -- Section 104 of P.L. 101-593 (104 Stat. 2954; November 16, 1990) directs the Service, in consultation with the State of West Virginia, to conduct a feasibility study concerning establishment of a Federal fish hatchery in McDowell County, West Virginia, and to construct a hatchery contingent upon completion of the study and location of a suitable site and water supply. No deadline is established, but $2.5 million is authorized to be appropriated.

McKinney Lake, North Carolina (1937), National Industrial Recovery Act (48 Stat. 195).

Miles City National Fish Hatchery -- June 4, 1956 (16 U.S.C. 760-2; 70 Stat. 247). Public Law 99-432 (100 Stat. 990) approved October 1, 1986, directed the Secretary of the Interior to convey the hatchery to the State of Montana.

Millen National Fish Hatchery -- August 18, 1948 (63 Stat. 615). Section 404 of P.L. 100-653 (102 Stat. 3825) renames the facility the "Bo Ginn National Fish Hatchery and Aquarium".

Mitchell Act (16 U.S.C. 755-757; 52 Stat. 345), as amended -- Abernathy, Washington (1957); Eagle Creek, Oregon (1953); Entiat, Washington (1940).

Omnibus authorization for some 18 fish culture stations (hatcheries), May 21, 1930 (46 Stat. 371)

Orangeburg County, South Carolina (1944), July 4, 1960 (16 U.S.C. 760-11-760-12; 74 Stat. 311).

Paint Bank, West Virginia (1958); August 3, 1956 (16 U.S.C. 760-5-760-6; 70 Stat. 1020)

Pendills Creek, Michigan (1950), August 18, 1948 (63 Stat. 615).

Pisgah Forest, North Carolina (1957), June 18, 1956 (16 U.S.C. 760-3; 70 Stat. 292)

Pittsford, Vermont (1909), August 1, 1956 (16 U.S.C. 760-4; 34 Stat. 721, 70 Stat. 897)

Richard Cronin National Salmon Station, Sunderland, Massachusetts. Public Law 100-500 (102 Stat. 2501), October 18, 1988, renamed the previously designated Sunderland National Salmon Station.

Corning National Fish Hatchery Conveyance Act: P.L. 104-23 , approved September 6, 1995, required the Secretary of the Interior to transfer, without reimbursement, the Corning National Fish Hatchery to the State of Arkansas. The transfer was required within 180 days after approval of the Act.

Fairport National Fish Hatchery conveyance: P.L. 104-24, approved September 6, 1995, required the Secretary of the Interior to transfer, without reimbursement, the Fairport National Fish Hatchery to the State of Iowa. The transfer was required within 180 days after approval of the Act.

New London National Fish Hatchery conveyance: P.L. 104-25, approved September 6, 1995, required the Secretary of the Interior to transfer, without reimbursement, the New London National Fish Hatchery to the State of Minnesota. The transfer was required within 180 days after approval of the Act.

Carbon Hill National Fish Hatchery conveyance: P.L. 104-213, approved October 1, 1996, required the Secretary of the Interior to transfer, without reimbursement, the Carbon Hill National Fish Hatchery to the State of Alabama. The transfer was required within 180 days after approval of the Act.

Crawford National Fish Hatchery: P.L. 104-215, approved October 1, 1996, required the Secretary of the Interior to transfer, without reimbursement, the Crawford National Fish Hatchery to the city of Crawford, Nebraska. The transfer was required within 180 days after approval of the Act.

Walhalla National Fish Hatchery Conveyance Act: P.L. 104-265 (110 Stat. 3288), approved October 9, 1996, required the Secretary of the Interior to transfer, without reimbursement, the Walhalla National Fish Hatchery to the State of South Carolina. The transfer was required within 180 days after approval of the Act.

Bowden National Fish Hatchery conveyance: P.L. 105-83 (111 Stat. 1563), approved November 14, 1997, required the Secretary of the Interior to transfer, without reimbursement, the Bowden National Fish Hatchery to the State of West Virginia. The transfer was required within 90 days after approval of the Act.

Marion National Fish Hatchery and Claude Harris National Aquaculture Research Center Conveyance Act: P.L. 105-239 (112 Stat. 1564), approved September 23, 1998, required the Secretary of the Interior to transfer, without reimbursement, the Marion National Fish Hatchery and the Claude Harris National Aquaculture Research Center, to the State of Alabama. The transfer was required within 180 days after approval of the Act.

For a complete listing of legislation that authorized, established, or provided funding for hatcheries through 1984, see Statement of Responsibilities and Role, U.S. Fish and Wildlife Service Fishery Resources Program, January 31, 1985, Appendix B, Part III.

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