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

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: 1 See References in Text note below. 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. The term ‘Final Rule’ means the final rule entitled ‘Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management’ (77 Fed. Reg. 3123 ( January 23, 2012 )). The term ‘National Seashore’ means the Cape Hatteras National Seashore Recreational Area. The term ‘Secretary’ means the Secretary of the Interior. The term ‘State’ means the State of North Carolina. Not later than 180 days after the date of enactment of this Act [ Dec. 19, 2014 ], the Secretary shall review and modify wildlife buffers in the National Seashore in accordance with this subsection and any other applicable law. ensure that the buffers are of the shortest duration and cover the smallest area necessary to protect a species, as determined in accordance with peer-reviewed scientific data; and designate pedestrian and vehicle corridors around areas of the National Seashore closed because of wildlife buffers, to allow access to areas that are open. The Secretary, after coordinating with the State, shall determine appropriate buffer protections for species that are not listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), but that are identified for protection under State law. Opening beaches at the National Seashore that are closed to night driving restrictions, by opening beach segments each morning on a rolling basis as daily management reviews are completed. Extending seasonal off-road vehicle routes for additional periods in the Fall and Spring if off-road vehicle use would not create resource management problems at the National Seashore. Modifying the size and location of vehicle-free areas. as expeditiously as practicable; and in accordance with applicable management plans for the National Seashore. The Secretary shall report to Congress within 1 year after the date of enactment of this Act [ Dec. 19, 2014 ] on measures taken to implement this section.”