---
kind: "section"
citation: "16 U.S.C. § 410gg–2"
title: "16"
title_heading: "Conservation"
number: "410gg–2"
heading: "Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410gg-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–E — Biscayne National Park"
---

# §410gg–2. Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park

- (a) The [Secretary](/usc/16/410r–5.md?p=c-1) shall [preserve](/usc/16/698u–1.md?p=2) and administer the [park](/usc/16/410r–5.md?p=c-3) in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; [16 U.S.C. 1–4](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1–4))),[^1] as amended and supplemented. The waters within the [park](/usc/16/410r–5.md?p=c-3) shall continue to be open to fishing in conformity with the laws of the [State](/usc/16/590q.md?p=a) of Florida except as the [Secretary](/usc/16/410r–5.md?p=c-1), after consultation with appropriate officials of said [State](/usc/16/590q.md?p=a), designates species for which, [areas](/usc/16/539m–1.md?p=1-A) and times within which, and methods by which fishing is prohibited, limited, or otherwise regulated in the interest of sound conservation to achieve the purposes for which the [park](/usc/16/410r–5.md?p=c-3) is established: Provided, That with respect to lands donated by the [State](/usc/16/590q.md?p=a) after the effective date of this subchapter, fishing shall be in conformance with [State](/usc/16/590q.md?p=a) law.
- (b) The Biscayne National Monument, as authorized by the Act of October 18, 1968 (82 Stat. 1188; [16 U.S.C. 450qq](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s450qq))), as amended, is abolished as such, and all lands, waters, and interests therein acquired or reserved for such monument are hereby incorporated within and made a part of the [park](/usc/16/410r–5.md?p=c-3). Any funds available for the purposes of such monument are hereby made available for the purposes of the [park](/usc/16/410r–5.md?p=c-3), and authorizations of funds for the monument shall continue to be available for the [park](/usc/16/410r–5.md?p=c-3).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 96–287, title I, § 103, June 28, 1980, 94 Stat. 600.)

## Notes

### Editorial Notes

### References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96–287, which was approved on June 28, 1980.

Act of October 18, 1968, referred to in subsec. (b), is Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, which was classified to sections 450qq to 450qq–4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b).