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| CHAPTER 35---ENDANGERED SPECIES                                       |
+-----------------------------------------------------------------------+
| Release date: 2004-04-30                                              |
+-----------------------------------------------------------------------+
| -   [§ 1531](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html). |
|     Congressional findings and declaration of purposes and policy     |
|                                                                       |
| -   [§ 1532](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001532----000-.html). |
|     Definitions                                                       |
|                                                                       |
| -   [§ 1533](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html). |
|     Determination of endangered species and threatened species        |
|                                                                       |
| -   [§ 1534](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001534----000-.html). |
|     Land acquisition                                                  |
|                                                                       |
| -   [§ 1535](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html). |
|     Cooperation with States                                           |
|                                                                       |
| -   [§ 1536](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001536----000-.html). |
|     Interagency cooperation                                           |
|                                                                       |
| -   [§ 1537](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001537----000-.html). |
|     International cooperation                                         |
|                                                                       |
| -   [§ 1537a](http://assembler.la                                     |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001537---a000-.html). |
|     Convention implementation                                         |
|                                                                       |
| -   [§ 1538](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html). |
|     Prohibited acts                                                   |
|                                                                       |
| -   [§ 1539](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001539----000-.html). |
|     Exceptions                                                        |
|                                                                       |
| -   [§ 1540](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html). |
|     Penalties and enforcement                                         |
|                                                                       |
| -   [§ 1541](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001541----000-.html). |
|     Endangered plants                                                 |
|                                                                       |
| -   [§ 1542](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001542----000-.html). |
|     Authorization of appropriations                                   |
|                                                                       |
| -   [§ 1543](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001543----000-.html). |
|     Construction with Marine Mammal Protection Act of 1972            |
|                                                                       |
| -   [§ 1544](http://assembler.la                                      |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001544----000-.html). |
|     Annual cost analysis by Fish and Wildlife Service                 |
+-----------------------------------------------------------------------+
| **§ 1531. Congressional findings and declaration of purposes and      |
| policy**                                                              |
+-----------------------------------------------------------------------+
| **(a)** Findings                                                      |
|                                                                       |
| The Congress finds and declares that---                               |
|                                                                       |
| > **(1)** various species of fish, wildlife, and plants in the United |
| > States have been rendered extinct as a consequence of economic      |
| > growth and development untempered by adequate concern and           |
| > conservation;                                                       |
| >                                                                     |
| > **(2)** other species of fish, wildlife, and plants have been so    |
| > depleted in numbers that they are in danger of or threatened with   |
| > extinction;                                                         |
| >                                                                     |
| > **(3)** these species of fish, wildlife, and plants are of          |
| > esthetic, ecological, educational, historical, recreational, and    |
| > scientific value to the Nation and its people;                      |
| >                                                                     |
| > **(4)** the United States has pledged itself as a sovereign state   |
| > in the international community to conserve to the extent            |
| > practicable the various species of fish or wildlife and plants      |
| > facing extinction, pursuant to---                                   |
| >                                                                     |
| > **(A)** migratory bird treaties with Canada and Mexico;             |
| >                                                                     |
| > **(B)** the Migratory and Endangered Bird Treaty with Japan;        |
| >                                                                     |
| > **(C)** the Convention on Nature Protection and Wildlife            |
| > Preservation in the Western Hemisphere;                             |
| >                                                                     |
| > **(D)** the International Convention for the Northwest Atlantic     |
| > Fisheries;                                                          |
| >                                                                     |
| > **(E)** the International Convention for the High Seas Fisheries of |
| > the North Pacific Ocean;                                            |
| >                                                                     |
| > **(F)** the Convention on International Trade in Endangered Species |
| > of Wild Fauna and Flora; and                                        |
| >                                                                     |
| > **(G)** other international agreements; and                         |
| >                                                                     |
| > **(5)** encouraging the States and other interested parties,        |
| > through Federal financial assistance and a system of incentives, to |
| > develop and maintain conservation programs which meet national and  |
| > international standards is a key to meeting the Nation's            |
| > international commitments and to better safeguarding, for the       |
| > benefit of all citizens, the Nation's heritage in fish, wildlife,   |
| > and plants.                                                         |
|                                                                       |
| **(b)** Purposes                                                      |
|                                                                       |
| The purposes of this chapter are to provide a means whereby the       |
| ecosystems upon which endangered species and threatened species       |
| depend may be conserved, to provide a program for the conservation of |
| such endangered species and threatened species, and to take such      |
| steps as may be appropriate to achieve the purposes of the treaties   |
| and conventions set forth in subsection (a) of this section.          |
|                                                                       |
| **(c)** Policy                                                        |
|                                                                       |
| > **(1)** It is further declared to be the policy of Congress that    |
| > all Federal departments and agencies shall seek to conserve         |
| > endangered species and threatened species and shall utilize their   |
| > authorities in furtherance of the purposes of this chapter.         |
| >                                                                     |
| > **(2)** It is further declared to be the policy of Congress that    |
| > Federal agencies shall cooperate with State and local agencies to   |
| > resolve water resource issues in concert with conservation of       |
| > endangered species.                                                 |
+-----------------------------------------------------------------------+
| **§ 1532. Definitions**                                               |
+-----------------------------------------------------------------------+
| For the purpose of this chapter---                                    |
|                                                                       |
| > **(1)** The term "alternative courses of action" means all          |
| > alternatives and thus is not limited to original project objectives |
| > and agency jurisdiction.                                            |
| >                                                                     |
| > **(2)** The term "commercial activity" means all activities of      |
| > industry and trade, including, but not limited to, the buying or    |
| > selling of commodities and activities conducted for the purpose of  |
| > facilitating such buying and selling: Provided, however, That it    |
| > does not include exhibition of commodities by museums or similar    |
| > cultural or historical organizations.                               |
| >                                                                     |
| > **(3)** The terms "conserve", "conserving", and "conservation" mean |
| > to use and the use of all methods and procedures which are          |
| > necessary to bring any endangered species or threatened species to  |
| > the point at which the measures provided pursuant to this chapter   |
| > are no longer necessary. Such methods and procedures include, but   |
| > are not limited to, all activities associated with scientific       |
| > resources management such as research, census, law enforcement,     |
| > habitat acquisition and maintenance, propagation, live trapping,    |
| > and transplantation, and, in the extraordinary case where           |
| > population pressures within a given ecosystem cannot be otherwise   |
| > relieved, may include regulated taking.                             |
| >                                                                     |
| > **(4)** The term "Convention" means the Convention on International |
| > Trade in Endangered Species of Wild Fauna and Flora, signed on      |
| > March 3, 1973, and the appendices thereto.                          |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** The term "critical habitat" for a threatened or endangered  |
| > species means---                                                    |
| >                                                                     |
| > **(i)** the specific areas within the geographical area occupied by |
| > the species, at the time it is listed in accordance with the        |
| > provisions of section                                               |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title, on which are found those physical or biological      |
| > features                                                            |
| >                                                                     |
| > **(I)** essential to the conservation of the species and            |
| >                                                                     |
| > **(II)** which may require special management considerations or     |
| > protection; and                                                     |
| >                                                                     |
| > **(ii)** specific areas outside the geographical area occupied by   |
| > the species at the time it is listed in accordance with the         |
| > provisions of section                                               |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title, upon a determination by the Secretary that such      |
| > areas are essential for the conservation of the species.            |
| >                                                                     |
| > **(B)** Critical habitat may be established for those species now   |
| > listed as threatened or endangered species for which no critical    |
| > habitat has heretofore been established as set forth in             |
| > subparagraph (A) of this paragraph.                                 |
| >                                                                     |
| > **(C)** Except in those circumstances determined by the Secretary,  |
| > critical habitat shall not include the entire geographical area     |
| > which can be occupied by the threatened or endangered species.      |
| >                                                                     |
| > **(6)** The term "endangered species" means any species which is in |
| > danger of extinction throughout all or a significant portion of its |
| > range other than a species of the Class Insecta determined by the   |
| > Secretary to constitute a pest whose protection under the           |
| > provisions of this chapter would present an overwhelming and        |
| > overriding risk to man.                                             |
| >                                                                     |
| > **(7)** The term "Federal agency" means any department, agency, or  |
| > instrumentality of the United States.                               |
| >                                                                     |
| > **(8)** The term "fish or wildlife" means any member of the animal  |
| > kingdom, including without limitation any mammal, fish, bird        |
| > (including any migratory, nonmigratory, or endangered bird for      |
| > which protection is also afforded by treaty or other international  |
| > agreement), amphibian, reptile, mollusk, crustacean, arthropod or   |
| > other invertebrate, and includes any part, product, egg, or         |
| > offspring thereof, or the dead body or parts thereof.               |
| >                                                                     |
| > **(9)** The term "foreign commerce" includes, among other things,   |
| > any transaction---                                                  |
| >                                                                     |
| > **(A)** between persons within one foreign country;                 |
| >                                                                     |
| > **(B)** between persons in two or more foreign countries;           |
| >                                                                     |
| > **(C)** between a person within the United States and a person in a |
| > foreign country; or                                                 |
| >                                                                     |
| > **(D)** between persons within the United States, where the fish    |
| > and wildlife in question are moving in any country or countries     |
| > outside the United States.                                          |
| >                                                                     |
| > **(10)** The term "import" means to land on, bring into, or         |
| > introduce into, or attempt to land on, bring into, or introduce     |
| > into, any place subject to the jurisdiction of the United States,   |
| > whether or not such landing, bringing, or introduction constitutes  |
| > an importation within the meaning of the customs laws of the United |
| > States.                                                             |
| >                                                                     |
| > **(11)** Repealed. [Pub. L.                                         |
| > 97--304](http://assembl                                             |
| er.law.cornell.edu/usc-cgi/get_external.cgi?type=pubL&target=97-304), |
| > § 4(b), Oct. 13, 1982, [96 Stat.                                    |
| > 1420](http://assembler.law.cornell.edu/usc-cgi/get_extern           |
| al.cgi?type=statRef&target=date:Oct. 13, 1982ch:nonestatnum:96_1420). |
| >                                                                     |
| > **(12)** The term "permit or license applicant" means, when used    |
| > with respect to an action of a Federal agency for which exemption   |
| > is sought under section                                             |
| > [1536](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001536----000-.html) |
| > of this title, any person whose application to such agency for a    |
| > permit or license has been denied primarily because of the          |
| > application of section                                              |
| > [1536](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001536----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001536----000-.html#a) |
| > of this title to such agency action.                                |
| >                                                                     |
| > **(13)** The term "person" means an individual, corporation,        |
| > partnership, trust, association, or any other private entity; or    |
| > any officer, employee, agent, department, or instrumentality of the |
| > Federal Government, of any State, municipality, or political        |
| > subdivision of a State, or of any foreign government; any State,    |
| > municipality, or political subdivision of a State; or any other     |
| > entity subject to the jurisdiction of the United States.            |
| >                                                                     |
| > **(14)** The term "plant" means any member of the plant kingdom,    |
| > including seeds, roots and other parts thereof.                     |
| >                                                                     |
| > **(15)** The term "Secretary" means, except as otherwise herein     |
| > provided, the Secretary of the Interior or the Secretary of         |
| > Commerce as program responsibilities are vested pursuant to the     |
| > provisions of Reorganization Plan Numbered 4 of 1970; except that   |
| > with respect to the enforcement of the provisions of this chapter   |
| > and the Convention which pertain to the importation or exportation  |
| > of terrestrial plants, the term also means the Secretary of         |
| > Agriculture.                                                        |
| >                                                                     |
| > **(16)** The term "species" includes any subspecies of fish or      |
| > wildlife or plants, and any distinct population segment of any      |
| > species of vertebrate fish or wildlife which interbreeds when       |
| > mature.                                                             |
| >                                                                     |
| > **(17)** The term "State" means any of the several States, the      |
| > District of Columbia, the Commonwealth of Puerto Rico, American     |
| > Samoa, the Virgin Islands, Guam, and the Trust Territory of the     |
| > Pacific Islands.                                                    |
| >                                                                     |
| > **(18)** The term "State agency" means any State agency,            |
| > department, board, commission, or other governmental entity which   |
| > is responsible for the management and conservation of fish, plant,  |
| > or wildlife resources within a State.                               |
| >                                                                     |
| > **(19)** The term "take" means to harass, harm, pursue, hunt,       |
| > shoot, wound, kill, trap, capture, or collect, or to attempt to     |
| > engage in any such conduct.                                         |
| >                                                                     |
| > **(20)** The term "threatened species" means any species which is   |
| > likely to become an endangered species within the foreseeable       |
| > future throughout all or a significant portion of its range.        |
| >                                                                     |
| > **(21)** The term "United States", when used in a geographical      |
| > context, includes all States.                                       |
+-----------------------------------------------------------------------+
| **§ 1533. Determination of endangered species and threatened          |
| species**                                                             |
+-----------------------------------------------------------------------+
| **(a)** Generally                                                     |
|                                                                       |
| > **(1)** The Secretary shall by regulation promulgated in accordance |
| > with subsection (b) of this section determine whether any species   |
| > is an endangered species or a threatened species because of any of  |
| > the following factors:                                              |
| >                                                                     |
| > **(A)** the present or threatened destruction, modification, or     |
| > curtailment of its habitat or range;                                |
| >                                                                     |
| > **(B)** overutilization for commercial, recreational, scientific,   |
| > or educational purposes;                                            |
| >                                                                     |
| > **(C)** disease or predation;                                       |
| >                                                                     |
| > **(D)** the inadequacy of existing regulatory mechanisms; or        |
| >                                                                     |
| > **(E)** other natural or manmade factors affecting its continued    |
| > existence.                                                          |
| >                                                                     |
| > **(2)** With respect to any species over which program              |
| > responsibilities have been vested in the Secretary of Commerce      |
| > pursuant to Reorganization Plan Numbered 4 of 1970---               |
| >                                                                     |
| > **(A)** in any case in which the Secretary of Commerce determines   |
| > that such species should---                                         |
| >                                                                     |
| > **(i)** be listed as an endangered species or a threatened species, |
| > or                                                                  |
| >                                                                     |
| > **(ii)** be changed in status from a threatened species to an       |
| > endangered species,                                                 |
| >                                                                     |
| > he shall so inform the Secretary of the Interior; who shall list    |
| > such species in accordance with this section;                       |
| >                                                                     |
| > **(B)** in any case in which the Secretary of Commerce determines   |
| > that such species should---                                         |
| >                                                                     |
| > **(i)** be removed from any list published pursuant to subsection   |
| > (c) of this section, or                                             |
| >                                                                     |
| > **(ii)** be changed in status from an endangered species to a       |
| > threatened species,                                                 |
| >                                                                     |
| > he shall recommend such action to the Secretary of the Interior,    |
| > and the Secretary of the Interior, if he concurs in the             |
| > recommendation, shall implement such action; and                    |
| >                                                                     |
| > **(C)** the Secretary of the Interior may not list or remove from   |
| > any list any such species, and may not change the status of any     |
| > such species which are listed, without a prior favorable            |
| > determination made pursuant to this section by the Secretary of     |
| > Commerce.                                                           |
| >                                                                     |
| > **(3)** The Secretary, by regulation promulgated in accordance with |
| > subsection (b) of this section and to the maximum extent prudent    |
| > and determinable---                                                 |
| >                                                                     |
| > **(A)** shall, concurrently with making a determination under       |
| > paragraph (1) that a species is an endangered species or a          |
| > threatened species, designate any habitat of such species which is  |
| > then considered to be critical habitat; and                         |
| >                                                                     |
| > **(B)** may, from time-to-time thereafter as appropriate, revise    |
| > such designation.                                                   |
|                                                                       |
| **(b)** Basis for determinations                                      |
|                                                                       |
| > **(1)**                                                             |
| >                                                                     |
| > **(A)** The Secretary shall make determinations required by         |
| > subsection (a)(1) of this section solely on the basis of the best   |
| > scientific and commercial data available to him after conducting a  |
| > review of the status of the species and after taking into account   |
| > those efforts, if any, being made by any State or foreign nation,   |
| > or any political subdivision of a State or foreign nation, to       |
| > protect such species, whether by predator control, protection of    |
| > habitat and food supply, or other conservation practices, within    |
| > any area under its jurisdiction; or on the high seas.               |
| >                                                                     |
| > **(B)** In carrying out this section, the Secretary shall give      |
| > consideration to species which have been---                         |
| >                                                                     |
| > **(i)** designated as requiring protection from unrestricted        |
| > commerce by any foreign nation, or pursuant to any international    |
| > agreement; or                                                       |
| >                                                                     |
| > **(ii)** identified as in danger of extinction, or likely to become |
| > so within the foreseeable future, by any State agency or by any     |
| > agency of a foreign nation that is responsible for the conservation |
| > of fish or wildlife or plants.                                      |
| >                                                                     |
| > **(2)** The Secretary shall designate critical habitat, and make    |
| > revisions thereto, under subsection (a)(3) of this section on the   |
| > basis of the best scientific data available and after taking into   |
| > consideration the economic impact, and any other relevant impact,   |
| > of specifying any particular area as critical habitat. The          |
| > Secretary may exclude any area from critical habitat if he          |
| > determines that the benefits of such exclusion outweigh the         |
| > benefits of specifying such area as part of the critical habitat,   |
| > unless he determines, based on the best scientific and commercial   |
| > data available, that the failure to designate such area as critical |
| > habitat will result in the extinction of the species concerned.     |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** To the maximum extent practicable, within 90 days after     |
| > receiving the petition of an interested person under section        |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > [(e)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html#e) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > to add a species to, or to remove a species from, either of the     |
| > lists published under subsection (c) of this section, the Secretary |
| > shall make a finding as to whether the petition presents            |
| > substantial scientific or commercial information indicating that    |
| > the petitioned action may be warranted. If such a petition is found |
| > to present such information, the Secretary shall promptly commence  |
| > a review of the status of the species concerned. The Secretary      |
| > shall promptly publish each finding made under this subparagraph in |
| > the Federal Register.                                               |
| >                                                                     |
| > **(B)** Within 12 months after receiving a petition that is found   |
| > under subparagraph (A) to present substantial information           |
| > indicating that the petitioned action may be warranted, the         |
| > Secretary shall make one of the following findings:                 |
| >                                                                     |
| > **(i)** The petitioned action is not warranted, in which case the   |
| > Secretary shall promptly publish such finding in the Federal        |
| > Register.                                                           |
| >                                                                     |
| > **(ii)** The petitioned action is warranted, in which case the      |
| > Secretary shall promptly publish in the Federal Register a general  |
| > notice and the complete text of a proposed regulation to implement  |
| > such action in accordance with paragraph (5).                       |
| >                                                                     |
| > **(iii)** The petitioned action is warranted, but that---           |
| >                                                                     |
| > **(I)** the immediate proposal and timely promulgation of a final   |
| > regulation implementing the petitioned action in accordance with    |
| > paragraphs (5) and (6) is precluded by pending proposals to         |
| > determine whether any species is an endangered species or a         |
| > threatened species, and                                             |
| >                                                                     |
| > **(II)** expeditious progress is being made to add qualified        |
| > species to either of the lists published under subsection (c) of    |
| > this section and to remove from such lists species for which the    |
| > protections of this chapter are no longer necessary,                |
| >                                                                     |
| > in which case the Secretary shall promptly publish such finding in  |
| > the Federal Register, together with a description and evaluation of |
| > the reasons and data on which the finding is based.                 |
| >                                                                     |
| > **(C)**                                                             |
| >                                                                     |
| > **(i)** A petition with respect to which a finding is made under    |
| > subparagraph (B)(iii) shall be treated as a petition that is        |
| > resubmitted to the Secretary under subparagraph (A) on the date of  |
| > such finding and that presents substantial scientific or commercial |
| > information that the petitioned action may be warranted.            |
| >                                                                     |
| > **(ii)** Any negative finding described in subparagraph (A) and any |
| > finding described in subparagraph (B)(i) or (iii) shall be subject  |
| > to judicial review.                                                 |
| >                                                                     |
| > **(iii)** The Secretary shall implement a system to monitor         |
| > effectively the status of all species with respect to which a       |
| > finding is made under subparagraph (B)(iii) and shall make prompt   |
| > use of the authority under paragraph                                |
| > 7 [\[1\]](http://assembler.law.cornell.e                            |
| du/uscode/html/uscode16/usc_sec_16_00001533----000-.html#FN-1%23FN-1) |
| > to prevent a significant risk to the well being of any such         |
| > species.                                                            |
| >                                                                     |
| > **(D)**                                                             |
| >                                                                     |
| > **(i)** To the maximum extent practicable, within 90 days after     |
| > receiving the petition of an interested person under section        |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > [(e)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html#e) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > to revise a critical habitat designation, the Secretary shall make  |
| > a finding as to whether the petition presents substantial           |
| > scientific information indicating that the revision may be          |
| > warranted. The Secretary shall promptly publish such finding in the |
| > Federal Register.                                                   |
| >                                                                     |
| > **(ii)** Within 12 months after receiving a petition that is found  |
| > under clause (i) to present substantial information indicating that |
| > the requested revision may be warranted, the Secretary shall        |
| > determine how he intends to proceed with the requested revision,    |
| > and shall promptly publish notice of such intention in the Federal  |
| > Register.                                                           |
| >                                                                     |
| > **(4)** Except as provided in paragraphs (5) and (6) of this        |
| > subsection, the provisions of section                               |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > of title                                                            |
| > [5](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > (relating to rulemaking procedures), shall apply to any regulation  |
| > promulgated to carry out the purposes of this chapter.              |
| >                                                                     |
| > **(5)** With respect to any regulation proposed by the Secretary to |
| > implement a determination, designation, or revision referred to in  |
| > subsection (a)(1) or (3) of this section, the Secretary shall---    |
| >                                                                     |
| > **(A)** not less than 90 days before the effective date of the      |
| > regulation---                                                       |
| >                                                                     |
| > **(i)** publish a general notice and the complete text of the       |
| > proposed regulation in the Federal Register, and                    |
| >                                                                     |
| > **(ii)** give actual notice of the proposed regulation (including   |
| > the complete text of the regulation) to the State agency in each    |
| > State in which the species is believed to occur, and to each        |
| > county, or equivalent jurisdiction in which the species is believed |
| > to occur, and invite the comment of such agency, and each such      |
| > jurisdiction, thereon;                                              |
| >                                                                     |
| > **(B)** insofar as practical, and in cooperation with the Secretary |
| > of State, give notice of the proposed regulation to each foreign    |
| > nation in which the species is believed to occur or whose citizens  |
| > harvest the species on the high seas, and invite the comment of     |
| > such nation thereon;                                                |
| >                                                                     |
| > **(C)** give notice of the proposed regulation to such professional |
| > scientific organizations as he deems appropriate;                   |
| >                                                                     |
| > **(D)** publish a summary of the proposed regulation in a newspaper |
| > of general circulation in each area of the United States in which   |
| > the species is believed to occur; and                               |
| >                                                                     |
| > **(E)** promptly hold one public hearing on the proposed regulation |
| > if any person files a request for such a hearing within 45 days     |
| > after the date of publication of general notice.                    |
| >                                                                     |
| > **(6)**                                                             |
| >                                                                     |
| > **(A)** Within the one-year period beginning on the date on which   |
| > general notice is published in accordance with paragraph (5)(A)(i)  |
| > regarding a proposed regulation, the Secretary shall publish in the |
| > Federal Register---                                                 |
| >                                                                     |
| > **(i)** if a determination as to whether a species is an endangered |
| > species or a threatened species, or a revision of critical habitat, |
| > is involved, either---                                              |
| >                                                                     |
| > **(I)** a final regulation to implement such determination,         |
| >                                                                     |
| > **(II)** a final regulation to implement such revision or a finding |
| > that such revision should not be made,                              |
| >                                                                     |
| > **(III)** notice that such one-year period is being extended under  |
| > subparagraph (B)(i), or                                             |
| >                                                                     |
| > **(IV)** notice that the proposed regulation is being withdrawn     |
| > under subparagraph (B)(ii), together with the finding on which such |
| > withdrawal is based; or                                             |
| >                                                                     |
| > **(ii)** subject to subparagraph (C), if a designation of critical  |
| > habitat is involved, either---                                      |
| >                                                                     |
| > **(I)** a final regulation to implement such designation, or        |
| >                                                                     |
| > **(II)** notice that such one-year period is being extended under   |
| > such subparagraph.                                                  |
| >                                                                     |
| > **(B)**                                                             |
| >                                                                     |
| > **(i)** If the Secretary finds with respect to a proposed           |
| > regulation referred to in subparagraph (A)(i) that there is         |
| > substantial disagreement regarding the sufficiency or accuracy of   |
| > the available data relevant to the determination or revision        |
| > concerned, the Secretary may extend the one-year period specified   |
| > in subparagraph (A) for not more than six months for purposes of    |
| > soliciting additional data.                                         |
| >                                                                     |
| > **(ii)** If a proposed regulation referred to in subparagraph       |
| > (A)(i) is not promulgated as a final regulation within such         |
| > one-year period (or longer period if extension under clause (i)     |
| > applies) because the Secretary finds that there is not sufficient   |
| > evidence to justify the action proposed by the regulation, the      |
| > Secretary shall immediately withdraw the regulation. The finding on |
| > which a withdrawal is based shall be subject to judicial review.    |
| > The Secretary may not propose a regulation that has previously been |
| > withdrawn under this clause unless he determines that sufficient    |
| > new information is available to warrant such proposal.              |
| >                                                                     |
| > **(iii)** If the one-year period specified in subparagraph (A) is   |
| > extended under clause (i) with respect to a proposed regulation,    |
| > then before the close of such extended period the Secretary shall   |
| > publish in the Federal Register either a final regulation to        |
| > implement the determination or revision concerned, a finding that   |
| > the revision should not be made, or a notice of withdrawal of the   |
| > regulation under clause (ii), together with the finding on which    |
| > the withdrawal is based.                                            |
| >                                                                     |
| > **(C)** A final regulation designating critical habitat of an       |
| > endangered species or a threatened species shall be published       |
| > concurrently with the final regulation implementing the             |
| > determination that such species is endangered or threatened, unless |
| > the Secretary deems that---                                         |
| >                                                                     |
| > **(i)** it is essential to the conservation of such species that    |
| > the regulation implementing such determination be promptly          |
| > published; or                                                       |
| >                                                                     |
| > **(ii)** critical habitat of such species is not then determinable, |
| > in which case the Secretary, with respect to the proposed           |
| > regulation to designate such habitat, may extend the one-year       |
| > period specified in subparagraph (A) by not more than one           |
| > additional year, but not later than the close of such additional    |
| > year the Secretary must publish a final regulation, based on such   |
| > data as may be available at that time, designating, to the maximum  |
| > extent prudent, such habitat.                                       |
| >                                                                     |
| > **(7)** Neither paragraph (4), (5), or (6) of this subsection nor   |
| > section                                                             |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > of title                                                            |
| > [5](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > shall apply to any regulation issued by the Secretary in regard to  |
| > any emergency posing a significant risk to the well-being of any    |
| > species of fish or wildlife or plants, but only if---               |
| >                                                                     |
| > **(A)** at the time of publication of the regulation in the Federal |
| > Register the Secretary publishes therein detailed reasons why such  |
| > regulation is necessary; and                                        |
| >                                                                     |
| > **(B)** in the case such regulation applies to resident species of  |
| > fish or wildlife, or plants, the Secretary gives actual notice of   |
| > such regulation to the State agency in each State in which such     |
| > species is believed to occur.                                       |
| >                                                                     |
| > Such regulation shall, at the discretion of the Secretary, take     |
| > effect immediately upon the publication of the regulation in the    |
| > Federal Register. Any regulation promulgated under the authority of |
| > this paragraph shall cease to have force and effect at the close of |
| > the 240-day period following the date of publication unless, during |
| > such 240-day period, the rulemaking procedures which would apply to |
| > such regulation without regard to this paragraph are complied with. |
| > If at any time after issuing an emergency regulation the Secretary  |
| > determines, on the basis of the best appropriate data available to  |
| > him, that substantial evidence does not exist to warrant such       |
| > regulation, he shall withdraw it.                                   |
| >                                                                     |
| > **(8)** The publication in the Federal Register of any proposed or  |
| > final regulation which is necessary or appropriate to carry out the |
| > purposes of this chapter shall include a summary by the Secretary   |
| > of the data on which such regulation is based and shall show the    |
| > relationship of such data to such regulation; and if such           |
| > regulation designates or revises critical habitat, such summary     |
| > shall, to the maximum extent practicable, also include a brief      |
| > description and evaluation of those activities (whether public or   |
| > private) which, in the opinion of the Secretary, if undertaken may  |
| > adversely modify such habitat, or may be affected by such           |
| > designation.                                                        |
|                                                                       |
| **(c)** Lists                                                         |
|                                                                       |
| > **(1)** The Secretary of the Interior shall publish in the Federal  |
| > Register a list of all species determined by him or the Secretary   |
| > of Commerce to be endangered species and a list of all species      |
| > determined by him or the Secretary of Commerce to be threatened     |
| > species. Each list shall refer to the species contained therein by  |
| > scientific and common name or names, if any, specify with respect   |
| > to each such species over what portion of its range it is           |
| > endangered or threatened, and specify any critical habitat within   |
| > such range. The Secretary shall from time to time revise each list  |
| > published under the authority of this subsection to reflect recent  |
| > determinations, designations, and revisions made in accordance with |
| > subsections (a) and (b) of this section.                            |
| >                                                                     |
| > **(2)** The Secretary shall---                                      |
| >                                                                     |
| > **(A)** conduct, at least once every five years, a review of all    |
| > species included in a list which is published pursuant to paragraph |
| > (1) and which is in effect at the time of such review; and          |
| >                                                                     |
| > **(B)** determine on the basis of such review whether any such      |
| > species should---                                                   |
| >                                                                     |
| > **(i)** be removed from such list;                                  |
| >                                                                     |
| > **(ii)** be changed in status from an endangered species to a       |
| > threatened species; or                                              |
| >                                                                     |
| > **(iii)** be changed in status from a threatened species to an      |
| > endangered species.                                                 |
| >                                                                     |
| > Each determination under subparagraph (B) shall be made in          |
| > accordance with the provisions of subsections (a) and (b) of this   |
| > section.                                                            |
|                                                                       |
| **(d)** Protective regulations                                        |
|                                                                       |
| Whenever any species is listed as a threatened species pursuant to    |
| subsection (c) of this section, the Secretary shall issue such        |
| regulations as he deems necessary and advisable to provide for the    |
| conservation of such species. The Secretary may by regulation         |
| prohibit with respect to any threatened species any act prohibited    |
| under section                                                         |
| [1538](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| [(a)(1)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1) |
| of this title, in the case of fish or wildlife, or section            |
| [1538](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| [(a)(2)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_2) |
| of this title, in the case of plants, with respect to endangered      |
| species; except that with respect to the taking of resident species   |
| of fish or wildlife, such regulations shall apply in any State which  |
| has entered into a cooperative agreement pursuant to section          |
| [1535](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| [(c)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#c) |
| of this title only to the extent that such regulations have also been |
| adopted by such State.                                                |
|                                                                       |
| **(e)** Similarity of appearance cases                                |
|                                                                       |
| The Secretary may, by regulation of commerce or taking, and to the    |
| extent he deems advisable, treat any species as an endangered species |
| or threatened species even though it is not listed pursuant to this   |
| section if he finds that---                                           |
|                                                                       |
| > **(A)** such species so closely resembles in appearance, at the     |
| > point in question, a species which has been listed pursuant to such |
| > section that enforcement personnel would have substantial           |
| > difficulty in attempting to differentiate between the listed and    |
| > unlisted species;                                                   |
| >                                                                     |
| > **(B)** the effect of this substantial difficulty is an additional  |
| > threat to an endangered or threatened species; and                  |
| >                                                                     |
| > **(C)** such treatment of an unlisted species will substantially    |
| > facilitate the enforcement and further the policy of this chapter.  |
|                                                                       |
| **(f)** Recovery plans                                                |
|                                                                       |
| > **(1)** The Secretary shall develop and implement plans             |
| > (hereinafter in this subsection referred to as "recovery plans")    |
| > for the conservation and survival of endangered species and         |
| > threatened species listed pursuant to this section, unless he finds |
| > that such a plan will not promote the conservation of the species.  |
| > The Secretary, in developing and implementing recovery plans,       |
| > shall, to the maximum extent practicable---                         |
| >                                                                     |
| > **(A)** give priority to those endangered species or threatened     |
| > species, without regard to taxonomic classification, that are most  |
| > likely to benefit from such plans, particularly those species that  |
| > are, or may be, in conflict with construction or other development  |
| > projects or other forms of economic activity;                       |
| >                                                                     |
| > **(B)** incorporate in each plan---                                 |
| >                                                                     |
| > **(i)** a description of such site-specific management actions as   |
| > may be necessary to achieve the plan's goal for the conservation    |
| > and survival of the species;                                        |
| >                                                                     |
| > **(ii)** objective, measurable criteria which, when met, would      |
| > result in a determination, in accordance with the provisions of     |
| > this section, that the species be removed from the list; and        |
| >                                                                     |
| > **(iii)** estimates of the time required and the cost to carry out  |
| > those measures needed to achieve the plan's goal and to achieve     |
| > intermediate steps toward that goal.                                |
| >                                                                     |
| > **(2)** The Secretary, in developing and implementing recovery      |
| > plans, may procure the services of appropriate public and private   |
| > agencies and institutions, and other qualified persons. Recovery    |
| > teams appointed pursuant to this subsection shall not be subject to |
| > the Federal Advisory Committee Act.                                 |
| >                                                                     |
| > **(3)** The Secretary shall report every two years to the Committee |
| > on Environment and Public Works of the Senate and the Committee on  |
| > Merchant Marine and Fisheries of the House of Representatives on    |
| > the status of efforts to develop and implement recovery plans for   |
| > all species listed pursuant to this section and on the status of    |
| > all species for which such plans have been developed.               |
| >                                                                     |
| > **(4)** The Secretary shall, prior to final approval of a new or    |
| > revised recovery plan, provide public notice and an opportunity for |
| > public review and comment on such plan. The Secretary shall         |
| > consider all information presented during the public comment period |
| > prior to approval of the plan.                                      |
| >                                                                     |
| > **(5)** Each Federal agency shall, prior to implementation of a new |
| > or revised recovery plan, consider all information presented during |
| > the public comment period under paragraph (4).                      |
|                                                                       |
| **(g)** Monitoring                                                    |
|                                                                       |
| > **(1)** The Secretary shall implement a system in cooperation with  |
| > the States to monitor effectively for not less than five years the  |
| > status of all species which have recovered to the point at which    |
| > the measures provided pursuant to this chapter are no longer        |
| > necessary and which, in accordance with the provisions of this      |
| > section, have been removed from either of the lists published under |
| > subsection (c) of this section.                                     |
| >                                                                     |
| > **(2)** The Secretary shall make prompt use of the authority under  |
| > paragraph                                                           |
| > 7 [\[2\]](http://assembler.law.cornell.e                            |
| du/uscode/html/uscode16/usc_sec_16_00001533----000-.html#FN-2%23FN-2) |
| > of subsection (b) of this section to prevent a significant risk to  |
| > the well being of any such recovered species.                       |
|                                                                       |
| **(h)** Agency guidelines; publication in Federal Register; scope;    |
| proposals and amendments: notice and opportunity for comments         |
|                                                                       |
| The Secretary shall establish, and publish in the Federal Register,   |
| agency guidelines to insure that the purposes of this section are     |
| achieved efficiently and effectively. Such guidelines shall include,  |
| but are not limited to---                                             |
|                                                                       |
| > **(1)** procedures for recording the receipt and the disposition of |
| > petitions submitted under subsection (b)(3) of this section;        |
| >                                                                     |
| > **(2)** criteria for making the findings required under such        |
| > subsection with respect to petitions;                               |
| >                                                                     |
| > **(3)** a ranking system to assist in the identification of species |
| > that should receive priority review under subsection (a)(1) of this |
| > section; and                                                        |
| >                                                                     |
| > **(4)** a system for developing and implementing, on a priority     |
| > basis, recovery plans under subsection (f) of this section.         |
|                                                                       |
| The Secretary shall provide to the public notice of, and opportunity  |
| to submit written comments on, any guideline (including any amendment |
| thereto) proposed to be established under this subsection.            |
|                                                                       |
| **(i)** Submission to State agency of justification for regulations   |
| inconsistent with State agency's comments or petition                 |
|                                                                       |
| If, in the case of any regulation proposed by the Secretary under the |
| authority of this section, a State agency to which notice thereof was |
| given in accordance with subsection (b)(5)(A)(ii) of this section     |
| files comments disagreeing with all or part of the proposed           |
| regulation, and the Secretary issues a final regulation which is in   |
| conflict with such comments, or if the Secretary fails to adopt a     |
| regulation pursuant to an action petitioned by a State agency under   |
| subsection (b)(3) of this section, the Secretary shall submit to the  |
| State agency a written justification for his failure to adopt         |
| regulations consistent with the agency's comments or petition.        |
+-----------------------------------------------------------------------+
| **§ 1534. Land acquisition**                                          |
+-----------------------------------------------------------------------+
| **(a)** Implementation of conservation program; authorization of      |
| Secretary and Secretary of Agriculture                                |
|                                                                       |
| The Secretary, and the Secretary of Agriculture with respect to the   |
| National Forest System, shall establish and implement a program to    |
| conserve fish, wildlife, and plants, including those which are listed |
| as endangered species or threatened species pursuant to section       |
| [1533](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| of this title. To carry out such a program, the appropriate           |
| Secretary---                                                          |
|                                                                       |
| > **(1)** shall utilize the land acquisition and other authority      |
| > under the Fish and Wildlife Act of 1956, as amended                 |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [742a](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000742---a000-.html) |
| > et seq.\], the Fish and Wildlife Coordination Act, as amended       |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [661](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000661----000-.html) |
| > et seq.\], and the Migratory Bird Conservation Act                  |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [715](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000715----000-.html) |
| > et seq.\], as appropriate; and                                      |
| >                                                                     |
| > **(2)** is authorized to acquire by purchase, donation, or          |
| > otherwise, lands, waters, or interest therein, and such authority   |
| > shall be in addition to any other land acquisition authority vested |
| > in him.                                                             |
|                                                                       |
| **(b)** Availability of funds for acquisition of lands, waters, etc.  |
|                                                                       |
| Funds made available pursuant to the Land and Water Conservation Fund |
| Act of 1965, as amended                                               |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [460l--4](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000460---l004-.html) |
| et seq.\], may be used for the purpose of acquiring lands, waters, or |
| interests therein under subsection (a) of this section.               |
+-----------------------------------------------------------------------+
| **§ 1535. Cooperation with States**                                   |
+-----------------------------------------------------------------------+
| **(a)** Generally                                                     |
|                                                                       |
| In carrying out the program authorized by this chapter, the Secretary |
| shall cooperate to the maximum extent practicable with the States.    |
| Such cooperation shall include consultation with the States concerned |
| before acquiring any land or water, or interest therein, for the      |
| purpose of conserving any endangered species or threatened species.   |
|                                                                       |
| **(b)** Management agreements                                         |
|                                                                       |
| The Secretary may enter into agreements with any State for the        |
| administration and management of any area established for the         |
| conservation of endangered species or threatened species. Any         |
| revenues derived from the administration of such areas under these    |
| agreements shall be subject to the provisions of section              |
| [715s](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000715---s000-.html) |
| of this title.                                                        |
|                                                                       |
| **(c)** Cooperative agreements                                        |
|                                                                       |
| > **(1)** In furtherance of the purposes of this chapter, the         |
| > Secretary is authorized to enter into a cooperative agreement in    |
| > accordance with this section with any State which establishes and   |
| > maintains an adequate and active program for the conservation of    |
| > endangered species and threatened species. Within one hundred and   |
| > twenty days after the Secretary receives a certified copy of such a |
| > proposed State program, he shall make a determination whether such  |
| > program is in accordance with this chapter. Unless he determines,   |
| > pursuant to this paragraph, that the State program is not in        |
| > accordance with this chapter, he shall enter into a cooperative     |
| > agreement with the State for the purpose of assisting in            |
| > implementation of the State program. In order for a State program   |
| > to be deemed an adequate and active program for the conservation of |
| > endangered species and threatened species, the Secretary must find, |
| > and annually thereafter reconfirm such finding, that under the      |
| > State program---                                                    |
| >                                                                     |
| > **(A)** authority resides in the State agency to conserve resident  |
| > species of fish or wildlife determined by the State agency or the   |
| > Secretary to be endangered or threatened;                           |
| >                                                                     |
| > **(B)** the State agency has established acceptable conservation    |
| > programs, consistent with the purposes and policies of this         |
| > chapter, for all resident species of fish or wildlife in the State  |
| > which are deemed by the Secretary to be endangered or threatened,   |
| > and has furnished a copy of such plan and program together with all |
| > pertinent details, information, and data requested to the           |
| > Secretary;                                                          |
| >                                                                     |
| > **(C)** the State agency is authorized to conduct investigations to |
| > determine the status and requirements for survival of resident      |
| > species of fish and wildlife;                                       |
| >                                                                     |
| > **(D)** the State agency is authorized to establish programs,       |
| > including the acquisition of land or aquatic habitat or interests   |
| > therein, for the conservation of resident endangered or threatened  |
| > species of fish or wildlife; and                                    |
| >                                                                     |
| > **(E)** provision is made for public participation in designating   |
| > resident species of fish or wildlife as endangered or threatened;   |
| > or                                                                  |
| >                                                                     |
| > that under the State program---                                     |
| >                                                                     |
| > **(i)** the requirements set forth in subparagraphs (C), (D), and   |
| > (E) of this paragraph are complied with, and                        |
| >                                                                     |
| > **(ii)** plans are included under which immediate attention will be |
| > given to those resident species of fish and wildlife which are      |
| > determined by the Secretary or the State agency to be endangered or |
| > threatened and which the Secretary and the State agency agree are   |
| > most urgently in need of conservation programs; except that a       |
| > cooperative agreement entered into with a State whose program is    |
| > deemed adequate and active pursuant to clause (i) and this clause   |
| > shall not affect the applicability of prohibitions set forth in or  |
| > authorized pursuant to section                                      |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| > of this title or section                                            |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1) |
| > of this title with respect to the taking of any resident endangered |
| > or threatened species.                                              |
| >                                                                     |
| > **(2)** In furtherance of the purposes of this chapter the          |
| > Secretary is authorized to enter into a cooperative agreement in    |
| > accordance with this section with any State which establishes and   |
| > maintains an adequate and active program for the conservation of    |
| > endangered species and threatened species of plants. Within one     |
| > hundred and twenty days after the Secretary receives a certified    |
| > copy of such a proposed State program, he shall make a              |
| > determination whether such program is in accordance with this       |
| > chapter. Unless he determines, pursuant to this paragraph, that the |
| > State program is not in accordance with this chapter, he shall      |
| > enter into a cooperative agreement with the State for the purpose   |
| > of assisting in implementation of the State program. In order for a |
| > State program to be deemed an adequate and active program for the   |
| > conservation of endangered species of plants and threatened species |
| > of plants, the Secretary must find, and annually thereafter         |
| > reconfirm such finding, that under the State program---             |
| >                                                                     |
| > **(A)** authority resides in the State agency to conserve resident  |
| > species of plants determined by the State agency or the Secretary   |
| > to be endangered or threatened;                                     |
| >                                                                     |
| > **(B)** the State agency has established acceptable conservation    |
| > programs, consistent with the purposes and policies of this         |
| > chapter, for all resident species of plants in the State which are  |
| > deemed by the Secretary to be endangered or threatened, and has     |
| > furnished a copy of such plan and program together with all         |
| > pertinent details, information, and data requested to the           |
| > Secretary;                                                          |
| >                                                                     |
| > **(C)** the State agency is authorized to conduct investigations to |
| > determine the status and requirements for survival of resident      |
| > species of plants; and                                              |
| >                                                                     |
| > **(D)** provision is made for public participation in designating   |
| > resident species of plants as endangered or threatened; or          |
| >                                                                     |
| > that under the State program---                                     |
| >                                                                     |
| > **(i)** the requirements set forth in subparagraphs (C) and (D) of  |
| > this paragraph are complied with, and                               |
| >                                                                     |
| > **(ii)** plans are included under which immediate attention will be |
| > given to those resident species of plants which are determined by   |
| > the Secretary or the State agency to be endangered or threatened    |
| > and which the Secretary and the State agency agree are most         |
| > urgently in need of conservation programs; except that a            |
| > cooperative agreement entered into with a State whose program is    |
| > deemed adequate and active pursuant to clause (i) and this clause   |
| > shall not affect the applicability of prohibitions set forth in or  |
| > authorized pursuant to section                                      |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| > or section                                                          |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1) |
| > of this title with respect to the taking of any resident endangered |
| > or threatened species.                                              |
|                                                                       |
| **(d)** Allocation of funds                                           |
|                                                                       |
| > **(1)** The Secretary is authorized to provide financial assistance |
| > to any State, through its respective State agency, which has        |
| > entered into a cooperative agreement pursuant to subsection (c) of  |
| > this section to assist in development of programs for the           |
| > conservation of endangered and threatened species or to assist in   |
| > monitoring the status of candidate species pursuant to subparagraph |
| > (C) of section                                                      |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(b)(3)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#b_3) |
| > of this title and recovered species pursuant to section             |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(g)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#g) |
| > of this title. The Secretary shall allocate each annual             |
| > appropriation made in accordance with the provisions of subsection  |
| > (i) of this section to such States based on consideration of---     |
| >                                                                     |
| > **(A)** the international commitments of the United States to       |
| > protect endangered species or threatened species;                   |
| >                                                                     |
| > **(B)** the readiness of a State to proceed with a conservation     |
| > program consistent with the objectives and purposes of this         |
| > chapter;                                                            |
| >                                                                     |
| > **(C)** the number of endangered species and threatened species     |
| > within a State;                                                     |
| >                                                                     |
| > **(D)** the potential for restoring endangered species and          |
| > threatened species within a State;                                  |
| >                                                                     |
| > **(E)** the relative urgency to initiate a program to restore and   |
| > protect an endangered species or threatened species in terms of     |
| > survival of the species;                                            |
| >                                                                     |
| > **(F)** the importance of monitoring the status of candidate        |
| > species within a State to prevent a significant risk to the well    |
| > being of any such species; and                                      |
| >                                                                     |
| > **(G)** the importance of monitoring the status of recovered        |
| > species within a State to assure that such species do not return to |
| > the point at which the measures provided pursuant to this chapter   |
| > are again necessary.                                                |
| >                                                                     |
| > So much of the annual appropriation made in accordance with         |
| > provisions of subsection (i) of this section allocated for          |
| > obligation to any State for any fiscal year as remains unobligated  |
| > at the close thereof is authorized to be made available to that     |
| > State until the close of the succeeding fiscal year. Any amount     |
| > allocated to any State which is unobligated at the end of the       |
| > period during which it is available for expenditure is authorized   |
| > to be made available for expenditure by the Secretary in conducting |
| > programs under this section.                                        |
| >                                                                     |
| > **(2)** Such cooperative agreements shall provide for               |
| >                                                                     |
| > **(A)** the actions to be taken by the Secretary and the States;    |
| >                                                                     |
| > **(B)** the benefits that are expected to be derived in connection  |
| > with the conservation of endangered or threatened species;          |
| >                                                                     |
| > **(C)** the estimated cost of these actions; and                    |
| >                                                                     |
| > **(D)** the share of such costs to be borne by the Federal          |
| > Government and by the States; except that---                        |
| >                                                                     |
| > **(i)** the Federal share of such program costs shall not exceed 75 |
| > percent of the estimated program cost stated in the agreement; and  |
| >                                                                     |
| > **(ii)** the Federal share may be increased to 90 percent whenever  |
| > two or more States having a common interest in one or more          |
| > endangered or threatened species, the conservation of which may be  |
| > enhanced by cooperation of such States, enter jointly into an       |
| > agreement with the Secretary.                                       |
| >                                                                     |
| > The Secretary may, in his discretion, and under such rules and      |
| > regulations as he may prescribe, advance funds to the State for     |
| > financing the United States pro rata share agreed upon in the       |
| > cooperative agreement. For the purposes of this section, the        |
| > non-Federal share may, in the discretion of the Secretary, be in    |
| > the form of money or real property, the value of which will be      |
| > determined by the Secretary, whose decision shall be final.         |
|                                                                       |
| **(e)** Review of State programs                                      |
|                                                                       |
| Any action taken by the Secretary under this section shall be subject |
| to his periodic review at no greater than annual intervals.           |
|                                                                       |
| **(f)** Conflicts between Federal and State laws                      |
|                                                                       |
| Any State law or regulation which applies with respect to the         |
| importation or exportation of, or interstate or foreign commerce in,  |
| endangered species or threatened species is void to the extent that   |
| it may effectively                                                    |
|                                                                       |
| > **(1)** permit what is prohibited by this chapter or by any         |
| > regulation which implements this chapter, or                        |
| >                                                                     |
| > **(2)** prohibit what is authorized pursuant to an exemption or     |
| > permit provided for in this chapter or in any regulation which      |
| > implements this chapter. This chapter shall not otherwise be        |
| > construed to void any State law or regulation which is intended to  |
| > conserve migratory, resident, or introduced fish or wildlife, or to |
| > permit or prohibit sale of such fish or wildlife. Any State law or  |
| > regulation respecting the taking of an endangered species or        |
| > threatened species may be more restrictive than the exemptions or   |
| > permits provided for in this chapter or in any regulation which     |
| > implements this chapter but not less restrictive than the           |
| > prohibitions so defined.                                            |
|                                                                       |
| **(g)** Transition                                                    |
|                                                                       |
| > **(1)** For purposes of this subsection, the term "establishment    |
| > period" means, with respect to any State, the period beginning on   |
| > December 28, 1973, and ending on whichever of the following dates   |
| > first occurs:                                                       |
| >                                                                     |
| > **(A)** the date of the close of the 120-day period following the   |
| > adjournment of the first regular session of the legislature of such |
| > State which commences after December 28, 1973, or                   |
| >                                                                     |
| > **(B)** the date of the close of the 15-month period following      |
| > December 28, 1973.                                                  |
| >                                                                     |
| > **(2)** The prohibitions set forth in or authorized pursuant to     |
| > sections                                                            |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| > and                                                                 |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(B)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_B) |
| > of this title shall not apply with respect to the taking of any     |
| > resident endangered species or threatened species (other than       |
| > species listed in Appendix I to the Convention or otherwise         |
| > specifically covered by any other treaty or Federal law) within any |
| > State---                                                            |
| >                                                                     |
| > **(A)** which is then a party to a cooperative agreement with the   |
| > Secretary pursuant to subsection (c) of this section (except to the |
| > extent that the taking of any such species is contrary to the law   |
| > of such State); or                                                  |
| >                                                                     |
| > **(B)** except for any time within the establishment period when--- |
| >                                                                     |
| > **(i)** the Secretary applies such prohibition to such species at   |
| > the request of the State, or                                        |
| >                                                                     |
| > **(ii)** the Secretary applies such prohibition after he finds, and |
| > publishes his finding, that an emergency exists posing a            |
| > significant risk to the well-being of such species and that the     |
| > prohibition must be applied to protect such species. The            |
| > Secretary's finding and publication may be made without regard to   |
| > the public hearing or comment provisions of section                 |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > of title                                                            |
| > [5](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > or any other provision of this chapter; but such prohibition shall  |
| > expire 90 days after the date of its imposition unless the          |
| > Secretary further extends such prohibition by publishing notice and |
| > a statement of justification of such extension.                     |
|                                                                       |
| **(h)** Regulations                                                   |
|                                                                       |
| The Secretary is authorized to promulgate such regulations as may be  |
| appropriate to carry out the provisions of this section relating to   |
| financial assistance to States.                                       |
|                                                                       |
| **(i)** Appropriations                                                |
|                                                                       |
| > **(1)** To carry out the provisions of this section for fiscal      |
| > years after September 30, 1988, there shall be deposited into a     |
| > special fund known as the cooperative endangered species            |
| > conservation fund, to be administered by the Secretary, an amount   |
| > equal to 5 percent of the combined amounts covered each fiscal year |
| > into the Federal aid to wildlife restoration fund under section     |
| > [669b](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000669---b000-.html) |
| > of this title, and paid, transferred, or otherwise credited each    |
| > fiscal year to the Sport Fishing Restoration Account established    |
| > under 1016 of the Act of July 18, 1984.                             |
| >                                                                     |
| > **(2)** Amounts deposited into the special fund are authorized to   |
| > be appropriated annually and allocated in accordance with           |
| > subsection (d) of this section.                                     |
+-----------------------------------------------------------------------+
| **§ 1536. Interagency cooperation**                                   |
+-----------------------------------------------------------------------+
| **(a)** Federal agency actions and consultations                      |
|                                                                       |
| > **(1)** The Secretary shall review other programs administered by   |
| > him and utilize such programs in furtherance of the purposes of     |
| > this chapter. All other Federal agencies shall, in consultation     |
| > with and with the assistance of the Secretary, utilize their        |
| > authorities in furtherance of the purposes of this chapter by       |
| > carrying out programs for the conservation of endangered species    |
| > and threatened species listed pursuant to section                   |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title.                                                      |
| >                                                                     |
| > **(2)** Each Federal agency shall, in consultation with and with    |
| > the assistance of the Secretary, insure that any action authorized, |
| > funded, or carried out by such agency (hereinafter in this section  |
| > referred to as an "agency action") is not likely to jeopardize the  |
| > continued existence of any endangered species or threatened species |
| > or result in the destruction or adverse modification of habitat of  |
| > such species which is determined by the Secretary, after            |
| > consultation as appropriate with affected States, to be critical,   |
| > unless such agency has been granted an exemption for such action by |
| > the Committee pursuant to subsection (h) of this section. In        |
| > fulfilling the requirements of this paragraph each agency shall use |
| > the best scientific and commercial data available.                  |
| >                                                                     |
| > **(3)** Subject to such guidelines as the Secretary may establish,  |
| > a Federal agency shall consult with the Secretary on any            |
| > prospective agency action at the request of, and in cooperation     |
| > with, the prospective permit or license applicant if the applicant  |
| > has reason to believe that an endangered species or a threatened    |
| > species may be present in the area affected by his project and that |
| > implementation of such action will likely affect such species.      |
| >                                                                     |
| > **(4)** Each Federal agency shall confer with the Secretary on any  |
| > agency action which is likely to jeopardize the continued existence |
| > of any species proposed to be listed under section                  |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title or result in the destruction or adverse modification  |
| > of critical habitat proposed to be designated for such species.     |
| > This paragraph does not require a limitation on the commitment of   |
| > resources as described in subsection (d) of this section.           |
|                                                                       |
| **(b)** Opinion of Secretary                                          |
|                                                                       |
| > **(1)**                                                             |
| >                                                                     |
| > **(A)** Consultation under subsection (a)(2) of this section with   |
| > respect to any agency action shall be concluded within the 90-day   |
| > period beginning on the date on which initiated or, subject to      |
| > subparagraph (B), within such other period of time as is mutually   |
| > agreeable to the Secretary and the Federal agency.                  |
| >                                                                     |
| > **(B)** In the case of an agency action involving a permit or       |
| > license applicant, the Secretary and the Federal agency may not     |
| > mutually agree to conclude consultation within a period exceeding   |
| > 90 days unless the Secretary, before the close of the 90th day      |
| > referred to in subparagraph (A)---                                  |
| >                                                                     |
| > **(i)** if the consultation period proposed to be agreed to will    |
| > end before the 150th day after the date on which consultation was   |
| > initiated, submits to the applicant a written statement setting     |
| > forth---                                                            |
| >                                                                     |
| > **(I)** the reasons why a longer period is required,                |
| >                                                                     |
| > **(II)** the information that is required to complete the           |
| > consultation, and                                                   |
| >                                                                     |
| > **(III)** the estimated date on which consultation will be          |
| > completed; or                                                       |
| >                                                                     |
| > **(ii)** if the consultation period proposed to be agreed to will   |
| > end 150 or more days after the date on which consultation was       |
| > initiated, obtains the consent of the applicant to such period.     |
| >                                                                     |
| > The Secretary and the Federal agency may mutually agree to extend a |
| > consultation period established under the preceding sentence if the |
| > Secretary, before the close of such period, obtains the consent of  |
| > the applicant to the extension.                                     |
| >                                                                     |
| > **(2)** Consultation under subsection (a)(3) of this section shall  |
| > be concluded within such period as is agreeable to the Secretary,   |
| > the Federal agency, and the applicant concerned.                    |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** Promptly after conclusion of consultation under paragraph   |
| > (2) or (3) of subsection (a) of this section, the Secretary shall   |
| > provide to the Federal agency and the applicant, if any, a written  |
| > statement setting forth the Secretary's opinion, and a summary of   |
| > the information on which the opinion is based, detailing how the    |
| > agency action affects the species or its critical habitat. If       |
| > jeopardy or adverse modification is found, the Secretary shall      |
| > suggest those reasonable and prudent alternatives which he believes |
| > would not violate subsection (a)(2) of this section and can be      |
| > taken by the Federal agency or applicant in implementing the agency |
| > action.                                                             |
| >                                                                     |
| > **(B)** Consultation under subsection (a)(3) of this section, and   |
| > an opinion issued by the Secretary incident to such consultation,   |
| > regarding an agency action shall be treated respectively as a       |
| > consultation under subsection (a)(2) of this section, and as an     |
| > opinion issued after consultation under such subsection, regarding  |
| > that action if the Secretary reviews the action before it is        |
| > commenced by the Federal agency and finds, and notifies such        |
| > agency, that no significant changes have been made with respect to  |
| > the action and that no significant change has occurred regarding    |
| > the information used during the initial consultation.               |
| >                                                                     |
| > **(4)** If after consultation under subsection (a)(2) of this       |
| > section, the Secretary concludes that---                            |
| >                                                                     |
| > **(A)** the agency action will not violate such subsection, or      |
| > offers reasonable and prudent alternatives which the Secretary      |
| > believes would not violate such subsection;                         |
| >                                                                     |
| > **(B)** the taking of an endangered species or a threatened species |
| > incidental to the agency action will not violate such subsection;   |
| > and                                                                 |
| >                                                                     |
| > **(C)** if an endangered species or threatened species of a marine  |
| > mammal is involved, the taking is authorized pursuant to section    |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(5)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_5) |
| > of this title;                                                      |
| >                                                                     |
| > the Secretary shall provide the Federal agency and the applicant    |
| > concerned, if any, with a written statement that---                 |
| >                                                                     |
| > **(i)** specifies the impact of such incidental taking on the       |
| > species,                                                            |
| >                                                                     |
| > **(ii)** specifies those reasonable and prudent measures that the   |
| > Secretary considers necessary or appropriate to minimize such       |
| > impact,                                                             |
| >                                                                     |
| > **(iii)** in the case of marine mammals, specifies those measures   |
| > that are necessary to comply with section                           |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(5)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_5) |
| > of this title with regard to such taking, and                       |
| >                                                                     |
| > **(iv)** sets forth the terms and conditions (including, but not    |
| > limited to, reporting requirements) that must be complied with by   |
| > the Federal agency or applicant (if any), or both, to implement the |
| > measures specified under clauses (ii) and (iii).                    |
|                                                                       |
| **(c)** Biological assessment                                         |
|                                                                       |
| > **(1)** To facilitate compliance with the requirements of           |
| > subsection (a)(2) of this section, each Federal agency shall, with  |
| > respect to any agency action of such agency for which no contract   |
| > for construction has been entered into and for which no             |
| > construction has begun on November 10, 1978, request of the         |
| > Secretary information whether any species which is listed or        |
| > proposed to be listed may be present in the area of such proposed   |
| > action. If the Secretary advises, based on the best scientific and  |
| > commercial data available, that such species may be present, such   |
| > agency shall conduct a biological assessment for the purpose of     |
| > identifying any endangered species or threatened species which is   |
| > likely to be affected by such action. Such assessment shall be      |
| > completed within 180 days after the date on which initiated (or     |
| > within such other period as is mutually agreed to by the Secretary  |
| > and such agency, except that if a permit or license applicant is    |
| > involved, the 180-day period may not be extended unless such agency |
| > provides the applicant, before the close of such period, with a     |
| > written statement setting forth the estimated length of the         |
| > proposed extension and the reasons therefor) and, before any        |
| > contract for construction is entered into and before construction   |
| > is begun with respect to such action. Such assessment may be        |
| > undertaken as part of a Federal agency's compliance with the        |
| > requirements of section 102 of the National Environmental Policy    |
| > Act of 1969                                                         |
| > ([42](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| > U.S.C.                                                              |
| > [4332](http://assembler.law                                         |
| .cornell.edu/uscode/html/uscode42/usc_sec_42_00004332----000-.html)). |
| >                                                                     |
| > **(2)** Any person who may wish to apply for an exemption under     |
| > subsection (g) of this section for that action may conduct a        |
| > biological assessment to identify any endangered species or         |
| > threatened species which is likely to be affected by such action.   |
| > Any such biological assessment must, however, be conducted in       |
| > cooperation with the Secretary and under the supervision of the     |
| > appropriate Federal agency.                                         |
|                                                                       |
| **(d)** Limitation on commitment of resources                         |
|                                                                       |
| After initiation of consultation required under subsection (a)(2) of  |
| this section, the Federal agency and the permit or license applicant  |
| shall not make any irreversible or irretrievable commitment of        |
| resources with respect to the agency action which has the effect of   |
| foreclosing the formulation or implementation of any reasonable and   |
| prudent alternative measures which would not violate subsection       |
| (a)(2) of this section.                                               |
|                                                                       |
| **(e)** Endangered Species Committee                                  |
|                                                                       |
| > **(1)** There is established a committee to be known as the         |
| > Endangered Species Committee (hereinafter in this section referred  |
| > to as the "Committee").                                             |
| >                                                                     |
| > **(2)** The Committee shall review any application submitted to it  |
| > pursuant to this section and determine in accordance with           |
| > subsection (h) of this section whether or not to grant an exemption |
| > from the requirements of subsection (a)(2) of this section for the  |
| > action set forth in such application.                               |
| >                                                                     |
| > **(3)** The Committee shall be composed of seven members as         |
| > follows:                                                            |
| >                                                                     |
| > **(A)** The Secretary of Agriculture.                               |
| >                                                                     |
| > **(B)** The Secretary of the Army.                                  |
| >                                                                     |
| > **(C)** The Chairman of the Council of Economic Advisors.           |
| >                                                                     |
| > **(D)** The Administrator of the Environmental Protection Agency.   |
| >                                                                     |
| > **(E)** The Secretary of the Interior.                              |
| >                                                                     |
| > **(F)** The Administrator of the National Oceanic and Atmospheric   |
| > Administration.                                                     |
| >                                                                     |
| > **(G)** The President, after consideration of any recommendations   |
| > received pursuant to subsection (g)(2)(B) of this section shall     |
| > appoint one individual from each affected State, as determined by   |
| > the Secretary, to be a member of the Committee for the              |
| > consideration of the application for exemption for an agency action |
| > with respect to which such recommendations are made, not later than |
| > 30 days after an application is submitted pursuant to this section. |
| >                                                                     |
| > **(4)**                                                             |
| >                                                                     |
| > **(A)** Members of the Committee shall receive no additional pay on |
| > account of their service on the Committee.                          |
| >                                                                     |
| > **(B)** While away from their homes or regular places of business   |
| > in the performance of services for the Committee, members of the    |
| > Committee shall be allowed travel expenses, including per diem in   |
| > lieu of subsistence, in the same manner as persons employed         |
| > intermittently in the Government service are allowed expenses under |
| > section                                                             |
| > [5703](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005703----000-.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** Five members of the Committee or their representatives      |
| > shall constitute a quorum for the transaction of any function of    |
| > the Committee, except that, in no case shall any representative be  |
| > considered in determining the existence of a quorum for the         |
| > transaction of any function of the Committee if that function       |
| > involves a vote by the Committee on any matter before the           |
| > Committee.                                                          |
| >                                                                     |
| > **(B)** The Secretary of the Interior shall be the Chairman of the  |
| > Committee.                                                          |
| >                                                                     |
| > **(C)** The Committee shall meet at the call of the Chairman or     |
| > five of its members.                                                |
| >                                                                     |
| > **(D)** All meetings and records of the Committee shall be open to  |
| > the public.                                                         |
| >                                                                     |
| > **(6)** Upon request of the Committee, the head of any Federal      |
| > agency is authorized to detail, on a nonreimbursable basis, any of  |
| > the personnel of such agency to the Committee to assist it in       |
| > carrying out its duties under this section.                         |
| >                                                                     |
| > **(7)**                                                             |
| >                                                                     |
| > **(A)** The Committee may for the purpose of carrying out its       |
| > duties under this section hold such hearings, sit and act at such   |
| > times and places, take such testimony, and receive such evidence,   |
| > as the Committee deems advisable.                                   |
| >                                                                     |
| > **(B)** When so authorized by the Committee, any member or agent of |
| > the Committee may take any action which the Committee is authorized |
| > to take by this paragraph.                                          |
| >                                                                     |
| > **(C)** Subject to the Privacy Act                                  |
| > \[[5](htt                                                           |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > U.S.C.                                                              |
| > [552a](http://assembler.law.                                        |
| cornell.edu/uscode/html/uscode05/usc_sec_05_00000552---a000-.html)\], |
| > the Committee may secure directly from any Federal agency           |
| > information necessary to enable it to carry out its duties under    |
| > this section. Upon request of the Chairman of the Committee, the    |
| > head of such Federal agency shall furnish such information to the   |
| > Committee.                                                          |
| >                                                                     |
| > **(D)** The Committee may use the United States mails in the same   |
| > manner and upon the same conditions as a Federal agency.            |
| >                                                                     |
| > **(E)** The Administrator of General Services shall provide to the  |
| > Committee on a reimbursable basis such administrative support       |
| > services as the Committee may request.                              |
| >                                                                     |
| > **(8)** In carrying out its duties under this section, the          |
| > Committee may promulgate and amend such rules, regulations, and     |
| > procedures, and issue and amend such orders as it deems necessary.  |
| >                                                                     |
| > **(9)** For the purpose of obtaining information necessary for the  |
| > consideration of an application for an exemption under this section |
| > the Committee may issue subpenas for the attendance and testimony   |
| > of witnesses and the production of relevant papers, books, and      |
| > documents.                                                          |
| >                                                                     |
| > **(10)** In no case shall any representative, including a           |
| > representative of a member designated pursuant to paragraph (3)(G)  |
| > of this subsection, be eligible to cast a vote on behalf of any     |
| > member.                                                             |
|                                                                       |
| **(f)** Promulgation of regulations; form and contents of exemption   |
| application                                                           |
|                                                                       |
| Not later than 90 days after November 10, 1978, the Secretary shall   |
| promulgate regulations which set forth the form and manner in which   |
| applications for exemption shall be submitted to the Secretary and    |
| the information to be contained in such applications. Such            |
| regulations shall require that information submitted in an            |
| application by the head of any Federal agency with respect to any     |
| agency action include, but not be limited to---                       |
|                                                                       |
| > **(1)** a description of the consultation process carried out       |
| > pursuant to subsection (a)(2) of this section between the head of   |
| > the Federal agency and the Secretary; and                           |
| >                                                                     |
| > **(2)** a statement describing why such action cannot be altered or |
| > modified to conform with the requirements of subsection (a)(2) of   |
| > this section.                                                       |
|                                                                       |
| **(g)** Application for exemption; report to Committee                |
|                                                                       |
| > **(1)** A Federal agency, the Governor of the State in which an     |
| > agency action will occur, if any, or a permit or license applicant  |
| > may apply to the Secretary for an exemption for an agency action of |
| > such agency if, after consultation under subsection (a)(2) of this  |
| > section, the Secretary's opinion under subsection (b) of this       |
| > section indicates that the agency action would violate subsection   |
| > (a)(2) of this section. An application for an exemption shall be    |
| > considered initially by the Secretary in the manner provided for in |
| > this subsection, and shall be considered by the Committee for a     |
| > final determination under subsection (h) of this section after a    |
| > report is made pursuant to paragraph (5). The applicant for an      |
| > exemption shall be referred to as the "exemption applicant" in this |
| > section.                                                            |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** An exemption applicant shall submit a written application   |
| > to the Secretary, in a form prescribed under subsection (f) of this |
| > section, not later than 90 days after the completion of the         |
| > consultation process; except that, in the case of any agency action |
| > involving a permit or license applicant, such application shall be  |
| > submitted not later than 90 days after the date on which the        |
| > Federal agency concerned takes final agency action with respect to  |
| > the issuance of the permit or license. For purposes of the          |
| > preceding sentence, the term "final agency action" means            |
| >                                                                     |
| > **(i)** a disposition by an agency with respect to the issuance of  |
| > a permit or license that is subject to administrative review,       |
| > whether or not such disposition is subject to judicial review; or   |
| >                                                                     |
| > **(ii)** if administrative review is sought with respect to such    |
| > disposition, the decision resulting after such review. Such         |
| > application shall set forth the reasons why the exemption applicant |
| > considers that the agency action meets the requirements for an      |
| > exemption under this subsection.                                    |
| >                                                                     |
| > **(B)** Upon receipt of an application for exemption for an agency  |
| > action under paragraph (1), the Secretary shall promptly            |
| >                                                                     |
| > **(i)** notify the Governor of each affected State, if any, as      |
| > determined by the Secretary, and request the Governors so notified  |
| > to recommend individuals to be appointed to the Endangered Species  |
| > Committee for consideration of such application; and                |
| >                                                                     |
| > **(ii)** publish notice of receipt of the application in the        |
| > Federal Register, including a summary of the information contained  |
| > in the application and a description of the agency action with      |
| > respect to which the application for exemption has been filed.      |
| >                                                                     |
| > **(3)** The Secretary shall within 20 days after the receipt of an  |
| > application for exemption, or within such other period of time as   |
| > is mutually agreeable to the exemption applicant and the            |
| > Secretary---                                                        |
| >                                                                     |
| > **(A)** determine that the Federal agency concerned and the         |
| > exemption applicant have---                                         |
| >                                                                     |
| > **(i)** carried out the consultation responsibilities described in  |
| > subsection (a) of this section in good faith and made a reasonable  |
| > and responsible effort to develop and fairly consider modifications |
| > or reasonable and prudent alternatives to the proposed agency       |
| > action which would not violate subsection (a)(2) of this section;   |
| >                                                                     |
| > **(ii)** conducted any biological assessment required by subsection |
| > (c) of this section; and                                            |
| >                                                                     |
| > **(iii)** to the extent determinable within the time provided       |
| > herein, refrained from making any irreversible or irretrievable     |
| > commitment of resources prohibited by subsection (d) of this        |
| > section; or                                                         |
| >                                                                     |
| > **(B)** deny the application for exemption because the Federal      |
| > agency concerned or the exemption applicant have not met the        |
| > requirements set forth in subparagraph (A)(i), (ii), and (iii).     |
| >                                                                     |
| > The denial of an application under subparagraph (B) shall be        |
| > considered final agency action for purposes of chapter              |
| > [7](http://assemb                                                   |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_7.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| >                                                                     |
| > **(4)** If the Secretary determines that the Federal agency         |
| > concerned and the exemption applicant have met the requirements set |
| > forth in paragraph (3)(A)(i), (ii), and (iii) he shall, in          |
| > consultation with the Members of the Committee, hold a hearing on   |
| > the application for exemption in accordance with sections           |
| > [554](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000554----000-.html), |
| > [555](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000555----000-.html), |
| > and                                                                 |
| > [556](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000556----000-.html) |
| > (other than subsection (b)(1) and (2) thereof) of title 5 and       |
| > prepare the report to be submitted pursuant to paragraph (5).       |
| >                                                                     |
| > **(5)** Within 140 days after making the determinations under       |
| > paragraph (3) or within such other period of time as is mutually    |
| > agreeable to the exemption applicant and the Secretary, the         |
| > Secretary shall submit to the Committee a report discussing---      |
| >                                                                     |
| > **(A)** the availability of reasonable and prudent alternatives to  |
| > the agency action, and the nature and extent of the benefits of the |
| > agency action and of alternative courses of action consistent with  |
| > conserving the species or the critical habitat;                     |
| >                                                                     |
| > **(B)** a summary of the evidence concerning whether or not the     |
| > agency action is in the public interest and is of national or       |
| > regional significance;                                              |
| >                                                                     |
| > **(C)** appropriate reasonable mitigation and enhancement measures  |
| > which should be considered by the Committee; and                    |
| >                                                                     |
| > **(D)** whether the Federal agency concerned and the exemption      |
| > applicant refrained from making any irreversible or irretrievable   |
| > commitment of resources prohibited by subsection (d) of this        |
| > section.                                                            |
| >                                                                     |
| > **(6)** To the extent practicable within the time required for      |
| > action under subsection (g) of this section, and except to the      |
| > extent inconsistent with the requirements of this section, the      |
| > consideration of any application for an exemption under this        |
| > section and the conduct of any hearing under this subsection shall  |
| > be in accordance with sections                                      |
| > [554](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000554----000-.html), |
| > [555](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000555----000-.html), |
| > and                                                                 |
| > [556](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000556----000-.html) |
| > (other than subsection (b)(3) of section                            |
| > [556](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000556----000-.html)) |
| > of title 5.                                                         |
| >                                                                     |
| > **(7)** Upon request of the Secretary, the head of any Federal      |
| > agency is authorized to detail, on a nonreimbursable basis, any of  |
| > the personnel of such agency to the Secretary to assist him in      |
| > carrying out his duties under this section.                         |
| >                                                                     |
| > **(8)** All meetings and records resulting from activities pursuant |
| > to this subsection shall be open to the public.                     |
|                                                                       |
| **(h)** Grant of exemption                                            |
|                                                                       |
| > **(1)** The Committee shall make a final determination whether or   |
| > not to grant an exemption within 30 days after receiving the report |
| > of the Secretary pursuant to subsection (g)(5) of this section. The |
| > Committee shall grant an exemption from the requirements of         |
| > subsection (a)(2) of this section for an agency action if, by a     |
| > vote of not less than five of its members voting in person---       |
| >                                                                     |
| > **(A)** it determines on the record, based on the report of the     |
| > Secretary, the record of the hearing held under subsection (g)(4)   |
| > of this section and on such other testimony or evidence as it may   |
| > receive, that---                                                    |
| >                                                                     |
| > **(i)** there are no reasonable and prudent alternatives to the     |
| > agency action;                                                      |
| >                                                                     |
| > **(ii)** the benefits of such action clearly outweigh the benefits  |
| > of alternative courses of action consistent with conserving the     |
| > species or its critical habitat, and such action is in the public   |
| > interest;                                                           |
| >                                                                     |
| > **(iii)** the action is of regional or national significance; and   |
| >                                                                     |
| > **(iv)** neither the Federal agency concerned nor the exemption     |
| > applicant made any irreversible or irretrievable commitment of      |
| > resources prohibited by subsection (d) of this section; and         |
| >                                                                     |
| > **(B)** it establishes such reasonable mitigation and enhancement   |
| > measures, including, but not limited to, live propagation,          |
| > transplantation, and habitat acquisition and improvement, as are    |
| > necessary and appropriate to minimize the adverse effects of the    |
| > agency action upon the endangered species, threatened species, or   |
| > critical habitat concerned.                                         |
| >                                                                     |
| > Any final determination by the Committee under this subsection      |
| > shall be considered final agency action for purposes of chapter     |
| > [7](http://assemb                                                   |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_7.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** Except as provided in subparagraph (B), an exemption for an |
| > agency action granted under paragraph (1) shall constitute a        |
| > permanent exemption with respect to all endangered or threatened    |
| > species for the purposes of completing such agency action---        |
| >                                                                     |
| > **(i)** regardless whether the species was identified in the        |
| > biological assessment; and                                          |
| >                                                                     |
| > **(ii)** only if a biological assessment has been conducted under   |
| > subsection (c) of this section with respect to such agency action.  |
| >                                                                     |
| > **(B)** An exemption shall be permanent under subparagraph (A)      |
| > unless---                                                           |
| >                                                                     |
| > **(i)** the Secretary finds, based on the best scientific and       |
| > commercial data available, that such exemption would result in the  |
| > extinction of a species that was not the subject of consultation    |
| > under subsection (a)(2) of this section or was not identified in    |
| > any biological assessment conducted under subsection (c) of this    |
| > section, and                                                        |
| >                                                                     |
| > **(ii)** the Committee determines within 60 days after the date of  |
| > the Secretary's finding that the exemption should not be permanent. |
| >                                                                     |
| > If the Secretary makes a finding described in clause (i), the       |
| > Committee shall meet with respect to the matter within 30 days      |
| > after the date of the finding.                                      |
|                                                                       |
| **(i)** Review by Secretary of State; violation of international      |
| treaty or other international obligation of United States             |
|                                                                       |
| Notwithstanding any other provision of this chapter, the Committee    |
| shall be prohibited from considering for exemption any application    |
| made to it, if the Secretary of State, after a review of the proposed |
| agency action and its potential implications, and after hearing,      |
| certifies, in writing, to the Committee within 60 days of any         |
| application made under this section that the granting of any such     |
| exemption and the carrying out of such action would be in violation   |
| of an international treaty obligation or other international          |
| obligation of the United States. The Secretary of State shall, at the |
| time of such certification, publish a copy thereof in the Federal     |
| Register.                                                             |
|                                                                       |
| **(j)** Exemption for national security reasons                       |
|                                                                       |
| Notwithstanding any other provision of this chapter, the Committee    |
| shall grant an exemption for any agency action if the Secretary of    |
| Defense finds that such exemption is necessary for reasons of         |
| national security.                                                    |
|                                                                       |
| **(k)** Exemption decision not considered major Federal action;       |
| environmental impact statement                                        |
|                                                                       |
| An exemption decision by the Committee under this section shall not   |
| be a major Federal action for purposes of the National Environmental  |
| Policy Act of 1969                                                    |
| \[[42](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| U.S.C.                                                                |
| [4321](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00004321----000-.html) |
| et seq.\]: Provided, That an environmental impact statement which     |
| discusses the impacts upon endangered species or threatened species   |
| or their critical habitats shall have been previously prepared with   |
| respect to any agency action exempted by such order.                  |
|                                                                       |
| **(l)** Committee order granting exemption; cost of mitigation and    |
| enhancement measures; report by applicant to Council on Environmental |
| Quality                                                               |
|                                                                       |
| > **(1)** If the Committee determines under subsection (h) of this    |
| > section that an exemption should be granted with respect to any     |
| > agency action, the Committee shall issue an order granting the      |
| > exemption and specifying the mitigation and enhancement measures    |
| > established pursuant to subsection (h) of this section which shall  |
| > be carried out and paid for by the exemption applicant in           |
| > implementing the agency action. All necessary mitigation and        |
| > enhancement measures shall be authorized prior to the implementing  |
| > of the agency action and funded concurrently with all other project |
| > ­features.                                                           |
| >                                                                     |
| > **(2)** The applicant receiving such exemption shall include the    |
| > costs of such mitigation and enhancement measures within the        |
| > overall costs of continuing the proposed action. Notwithstanding    |
| > the preceding sentence the costs of such measures shall not be      |
| > treated as project costs for the purpose of computing benefit-cost  |
| > or other ratios for the proposed action. Any applicant may request  |
| > the Secretary to carry out such mitigation and enhancement          |
| > measures. The costs incurred by the Secretary in carrying out any   |
| > such measures shall be paid by the applicant receiving the          |
| > exemption. No later than one year after the granting of an          |
| > exemption, the exemption applicant shall submit to the Council on   |
| > Environmental Quality a report describing its compliance with the   |
| > mitigation and enhancement measures prescribed by this section.     |
| > Such a report shall be submitted annually until all such mitigation |
| > and enhancement measures have been completed. Notice of the public  |
| > availability of such reports shall be published in the Federal      |
| > Register by the Council on Environmental Quality.                   |
|                                                                       |
| **(m)** Notice requirement for citizen suits not ­applicable           |
|                                                                       |
| The 60-day notice requirement of section                              |
| [1540](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html) |
| [(g)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html#g) |
| of this title shall not apply with respect to review of any final     |
| determination of the Committee under subsection (h) of this section   |
| granting an exemption from the requirements of subsection (a)(2) of   |
| this section.                                                         |
|                                                                       |
| **(n)** Judicial review                                               |
|                                                                       |
| Any person, as defined by section                                     |
| [1532](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001532----000-.html) |
| [(13)](http://assembler.law.                                          |
| cornell.edu/uscode/html/uscode16/usc_sec_16_00001532----000-.html#13) |
| of this title, may obtain judicial review, under chapter              |
| [7](http://assemb                                                     |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_7.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| of any decision of the Endangered Species Committee under subsection  |
| (h) of this section in the United States Court of Appeals for         |
|                                                                       |
| > **(1)** any circuit wherein the agency action concerned will be, or |
| > is being, carried out, or                                           |
| >                                                                     |
| > **(2)** in any case in which the agency action will be, or is       |
| > being, carried out outside of any circuit, the District of          |
| > Columbia, by filing in such court within 90 days after the date of  |
| > issuance of the decision, a written petition for review. A copy of  |
| > such petition shall be transmitted by the clerk of the court to the |
| > Committee and the Committee shall file in the court the record in   |
| > the proceeding, as provided in section                              |
| > [2112](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode28/usc_sec_28_00002112----000-.html) |
| > of title                                                            |
| > [28](http:                                                          |
| //assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28.html). |
| > Attorneys designated by the Endangered Species Committee may appear |
| > for, and represent the Committee in any action for review under     |
| > this subsection.                                                    |
|                                                                       |
| **(o)** Exemption as providing exception on taking of endangered      |
| species                                                               |
|                                                                       |
| Notwithstanding sections                                              |
| [1533](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| [(d)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| and                                                                   |
| [1538](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| [(a)(1)(B)](http://assembler.law.cor                                  |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_B) |
| and (C) of this title, sections                                       |
| [1371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| and                                                                   |
| [1372](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001372----000-.html) |
| of this title, or any regulation promulgated to implement any such    |
| section---                                                            |
|                                                                       |
| > **(1)** any action for which an exemption is granted under          |
| > subsection (h) of this section shall not be considered to be a      |
| > taking of any endangered species or threatened species with respect |
| > to any activity which is necessary to carry out such action; and    |
| >                                                                     |
| > **(2)** any taking that is in compliance with the terms and         |
| > conditions specified in a written statement provided under          |
| > subsection (b)(4)(iv) of this section shall not be considered to be |
| > a prohibited taking of the species concerned.                       |
|                                                                       |
| **(p)** Exemptions in Presidentially declared disaster areas          |
|                                                                       |
| In any area which has been declared by the President to be a major    |
| disaster area under the Disaster Relief and Emergency Assistance Act  |
| \[[42](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| U.S.C.                                                                |
| [5121](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00005121----000-.html) |
| et seq.\], the President is authorized to make the determinations     |
| required by subsections (g) and (h) of this section for any project   |
| for the repair or replacement of a public facility substantially as   |
| it existed prior to the disaster under section 405 or 406 of the      |
| Disaster Relief and Emergency Assistance Act                          |
| \[[42](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html) |
| U.S.C.                                                                |
| [5171](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00005171----000-.html) |
| or                                                                    |
| [5172](http://assembler.law.                                          |
| cornell.edu/uscode/html/uscode42/usc_sec_42_00005172----000-.html)\], |
| and which the President determines                                    |
|                                                                       |
| > **(1)** is necessary to prevent the recurrence of such a natural    |
| > disaster and to reduce the potential loss of human life, and        |
| >                                                                     |
| > **(2)** to involve an emergency situation which does not allow the  |
| > ordinary procedures of this section to be followed. Notwithstanding |
| > any other provision of this section, the Committee shall accept the |
| > determinations of the President under this subsection.              |
+-----------------------------------------------------------------------+
| **§ 1537. International cooperation**                                 |
+-----------------------------------------------------------------------+
| **(a)** Financial assistance                                          |
|                                                                       |
| As a demonstration of the commitment of the United States to the      |
| worldwide protection of endangered species and threatened species,    |
| the President may, subject to the provisions of section               |
| [1306](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode31/usc_sec_31_00001306----000-.html) |
| of title                                                              |
| [31](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode31/usc_sup_01_31.html), |
| use foreign currencies accruing to the United States Government under |
| the Agricultural Trade Development and Assistance Act of 1954         |
| \[[7](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode07/usc_sup_01_7.html) |
| U.S.C.                                                                |
| [1691](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode07/usc_sec_07_00001691----000-.html) |
| et seq.\] or any other law to provide to any foreign country (with    |
| its consent) assistance in the development and management of programs |
| in that country which the Secretary determines to be necessary or     |
| useful for the conservation of any endangered species or threatened   |
| species listed by the Secretary pursuant to section                   |
| [1533](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| of this title. The President shall provide assistance (which          |
| includes, but is not limited to, the acquisition, by lease or         |
| otherwise, of lands, waters, or interests therein) to foreign         |
| countries under this section under such terms and conditions as he    |
| deems appropriate. Whenever foreign currencies are available for the  |
| provision of assistance under this section, such currencies shall be  |
| used in preference to funds appropriated under the authority of       |
| section                                                               |
| [1542](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001542----000-.html) |
| of this title.                                                        |
|                                                                       |
| **(b)** Encouragement of foreign programs                             |
|                                                                       |
| In order to carry out further the provisions of this chapter, the     |
| Secretary, through the Secretary of State, shall encourage---         |
|                                                                       |
| > **(1)** foreign countries to provide for the conservation of fish   |
| > or wildlife and plants including endangered species and threatened  |
| > species listed pursuant to section                                  |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title;                                                      |
| >                                                                     |
| > **(2)** the entering into of bilateral or multilateral agreements   |
| > with foreign countries to provide for such conservation; and        |
| >                                                                     |
| > **(3)** foreign persons who directly or indirectly take fish or     |
| > wildlife or plants in foreign countries or on the high seas for     |
| > importation into the United States for commercial or other purposes |
| > to develop and carry out with such assistance as he may provide,    |
| > conservation practices designed to enhance such fish or wildlife or |
| > plants and their habitat.                                           |
|                                                                       |
| **(c)** Personnel                                                     |
|                                                                       |
| After consultation with the Secretary of State, the Secretary may---  |
|                                                                       |
| > **(1)** assign or otherwise make available any officer or employee  |
| > of his department for the purpose of cooperating with foreign       |
| > countries and international organizations in developing personnel   |
| > resources and programs which promote the conservation of fish or    |
| > wildlife or plants; and                                             |
| >                                                                     |
| > **(2)** conduct or provide financial assistance for the educational |
| > training of foreign personnel, in this country or abroad, in fish,  |
| > wildlife, or plant management, research and law enforcement and to  |
| > render professional assistance abroad in such matters.              |
|                                                                       |
| **(d)** Investigations                                                |
|                                                                       |
| After consultation with the Secretary of State and the Secretary of   |
| the Treasury, as appropriate, the Secretary may conduct or cause to   |
| be conducted such law enforcement investigations and research abroad  |
| as he deems necessary to carry out the purposes of this chapter.      |
+-----------------------------------------------------------------------+
| **§ 1537a. Convention implementation**                                |
+-----------------------------------------------------------------------+
| **(a)** Management Authority and Scientific Authority                 |
|                                                                       |
| The Secretary of the Interior (hereinafter in this section referred   |
| to as the "Secretary") is designated as the Management Authority and  |
| the Scientific Authority for purposes of the Convention and the       |
| respective functions of each such Authority shall be carried out      |
| through the United States Fish and Wildlife Service.                  |
|                                                                       |
| **(b)** Management Authority functions                                |
|                                                                       |
| The Secretary shall do all things necessary and appropriate to carry  |
| out the functions of the Management Authority under the Convention.   |
|                                                                       |
| **(c)** Scientific Authority functions; determinations                |
|                                                                       |
| > **(1)** The Secretary shall do all things necessary and appropriate |
| > to carry out the functions of the Scientific Authority under the    |
| > Convention.                                                         |
| >                                                                     |
| > **(2)** The Secretary shall base the determinations and advice      |
| > given by him under Article IV of the Convention with respect to     |
| > wildlife upon the best available biological information derived     |
| > from professionally accepted wildlife management practices; but is  |
| > not required to make, or require any State to make, estimates of    |
| > population size in making such determinations or giving such        |
| > advice.                                                             |
|                                                                       |
| **(d)** Reservations by the United States under Convention            |
|                                                                       |
| If the United States votes against including any species in Appendix  |
| I or II of the Convention and does not enter a reservation pursuant   |
| to paragraph (3) of Article XV of the Convention with respect to that |
| species, the Secretary of State, before the 90th day after the last   |
| day on which such a reservation could be entered, shall submit to the |
| Committee on Merchant Marine and Fisheries of the House of            |
| Representatives, and to the Committee on the Environment and Public   |
| Works of the Senate, a written report setting forth the reasons why   |
| such a reservation was not entered.                                   |
|                                                                       |
| **(e)** Wildlife preservation in Western Hemisphere                   |
|                                                                       |
| > **(1)** The Secretary of the Interior (hereinafter in this          |
| > subsection referred to as the "Secretary"), in cooperation with the |
| > Secretary of State, shall act on behalf of, and represent, the      |
| > United States in all regards as required by the Convention on       |
| > Nature Protection and Wildlife Preservation in the Western          |
| > Hemisphere ([56 Stat.                                               |
| > 1354](http://assembler.law.cornell.edu/usc-cgi/g                    |
| et_external.cgi?type=statRef&target=date:nonech:nonestatnum:56_1354), |
| > T.S. 982, hereinafter in this subsection referred to as the         |
| > "Western Convention"). In the discharge of these responsibilities,  |
| > the Secretary and the Secretary of State shall consult with the     |
| > Secretary of Agriculture, the Secretary of Commerce, and the heads  |
| > of other agencies with respect to matters relating to or affecting  |
| > their areas of responsibility.                                      |
| >                                                                     |
| > **(2)** The Secretary and the Secretary of State shall, in          |
| > cooperation with the contracting parties to the Western Convention  |
| > and, to the extent feasible and appropriate, with the participation |
| > of State agencies, take such steps as are necessary to implement    |
| > the Western Convention. Such steps shall include, but not be        |
| > limited to---                                                       |
| >                                                                     |
| > **(A)** cooperation with contracting parties and international      |
| > organizations for the purpose of developing personnel resources and |
| > programs that will facilitate implementation of the Western         |
| > Convention;                                                         |
| >                                                                     |
| > **(B)** identification of those species of birds that migrate       |
| > between the United States and other contracting parties, and the    |
| > habitats upon which those species depend, and the implementation of |
| > cooperative measures to ensure that such species will not become    |
| > endangered or threatened; and                                       |
| >                                                                     |
| > **(C)** identification of measures that are necessary and           |
| > appropriate to implement those provisions of the Western Convention |
| > which address the protection of wild plants.                        |
| >                                                                     |
| > **(3)** No later than September 30, 1985, the Secretary and the     |
| > Secretary of State shall submit a report to Congress describing     |
| > those steps taken in accordance with the requirements of this       |
| > subsection and identifying the principal remaining actions yet      |
| > necessary for comprehensive and effective implementation of the     |
| > Western Convention.                                                 |
| >                                                                     |
| > **(4)** The provisions of this subsection shall not be construed as |
| > affecting the authority, jurisdiction, or responsibility of the     |
| > several States to manage, control, or regulate resident fish or     |
| > wildlife under State law or regulations.                            |
+-----------------------------------------------------------------------+
| **§ 1538. Prohibited acts**                                           |
+-----------------------------------------------------------------------+
| **(a)** Generally                                                     |
|                                                                       |
| > **(1)** Except as provided in sections                              |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > [(g)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#g_2) |
| > and                                                                 |
| > [1539](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001539----000-.html) |
| > of this title, with respect to any endangered species of fish or    |
| > wildlife listed pursuant to section                                 |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title it is unlawful for any person subject to the          |
| > jurisdiction of the United States to---                             |
| >                                                                     |
| > **(A)** import any such species into, or export any such species    |
| > from the United States;                                             |
| >                                                                     |
| > **(B)** take any such species within the United States or the       |
| > territorial sea of the United States;                               |
| >                                                                     |
| > **(C)** take any such species upon the high seas;                   |
| >                                                                     |
| > **(D)** possess, sell, deliver, carry, transport, or ship, by any   |
| > means whatsoever, any such species taken in violation of            |
| > subparagraphs (B) and (C);                                          |
| >                                                                     |
| > **(E)** deliver, receive, carry, transport, or ship in interstate   |
| > or foreign commerce, by any means whatsoever and in the course of   |
| > commercial activity, any such species;                              |
| >                                                                     |
| > **(F)** sell or offer for sale in interstate or foreign commerce    |
| > any such species; or                                                |
| >                                                                     |
| > **(G)** violate any regulation pertaining to such species or to any |
| > threatened species of fish or wildlife listed pursuant to section   |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title and promulgated by the Secretary pursuant to          |
| > authority provided by this chapter.                                 |
| >                                                                     |
| > **(2)** Except as provided in sections                              |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > [(g)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#g_2) |
| > and                                                                 |
| > [1539](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001539----000-.html) |
| > of this title, with respect to any endangered species of plants     |
| > listed pursuant to section                                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title, it is unlawful for any person subject to the         |
| > jurisdiction of the United States to---                             |
| >                                                                     |
| > **(A)** import any such species into, or export any such species    |
| > from, the United States;                                            |
| >                                                                     |
| > **(B)** remove and reduce to possession any such species from areas |
| > under Federal jurisdiction; maliciously damage or destroy any such  |
| > species on any such area; or remove, cut, dig up, or damage or      |
| > destroy any such species on any other area in knowing violation of  |
| > any law or regulation of any State or in the course of any          |
| > violation of a State criminal trespass law;                         |
| >                                                                     |
| > **(C)** deliver, receive, carry, transport, or ship in interstate   |
| > or foreign commerce, by any means whatsoever and in the course of a |
| > commercial activity, any such species;                              |
| >                                                                     |
| > **(D)** sell or offer for sale in interstate or foreign commerce    |
| > any such species; or                                                |
| >                                                                     |
| > **(E)** violate any regulation pertaining to such species or to any |
| > threatened species of plants listed pursuant to section             |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title and promulgated by the Secretary pursuant to          |
| > authority provided by this chapter.                                 |
|                                                                       |
| **(b)** Species held in captivity or controlled environment           |
|                                                                       |
| > **(1)** The provisions of subsections (a)(1)(A) and (a)(1)(G) of    |
| > this section shall not apply to any fish or wildlife which was held |
| > in captivity or in a controlled environment on                      |
| >                                                                     |
| > **(A)** December 28, 1973, or                                       |
| >                                                                     |
| > **(B)** the date of the publication in the Federal Register of a    |
| > final regulation adding such fish or wildlife species to any list   |
| > published pursuant to subsection (c) of section                     |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title: Provided, That such holding and any subsequent       |
| > holding or use of the fish or wildlife was not in the course of a   |
| > commercial activity. With respect to any act prohibited by          |
| > subsections (a)(1)(A) and (a)(1)(G) of this section which occurs    |
| > after a period of 180 days from                                     |
| >                                                                     |
| > **(i)** December 28, 1973, or                                       |
| >                                                                     |
| > **(ii)** the date of publication in the Federal Register of a final |
| > regulation adding such fish or wildlife species to any list         |
| > published pursuant to subsection (c) of section                     |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title, there shall be a rebuttable presumption that the     |
| > fish or wildlife involved in such act is not entitled to the        |
| > exemption contained in this subsection.                             |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** The provisions of subsection (a)(1) of this section shall   |
| > not apply to---                                                     |
| >                                                                     |
| > **(i)** any raptor legally held in captivity or in a controlled     |
| > environment on November 10, 1978; or                                |
| >                                                                     |
| > **(ii)** any progeny of any raptor described in clause (i);         |
| >                                                                     |
| > until such time as any such raptor or progeny is intentionally      |
| > returned to a wild state.                                           |
| >                                                                     |
| > **(B)** Any person holding any raptor or progeny described in       |
| > subparagraph (A) must be able to demonstrate that the raptor or     |
| > progeny does, in fact, qualify under the provisions of this         |
| > paragraph, and shall maintain and submit to the Secretary, on       |
| > request, such inventories, documentation, and records as the        |
| > Secretary may by regulation require as being reasonably appropriate |
| > to carry out the purposes of this paragraph. Such requirements      |
| > shall not unnecessarily duplicate the requirements of other rules   |
| > and regulations promulgated by the Secretary.                       |
|                                                                       |
| **(c)** Violation of Convention                                       |
|                                                                       |
| > **(1)** It is unlawful for any person subject to the jurisdiction   |
| > of the United States to engage in any trade in any specimens        |
| > contrary to the provisions of the Convention, or to possess any     |
| > specimens traded contrary to the provisions of the Convention,      |
| > including the definitions of terms in article I thereof.            |
| >                                                                     |
| > **(2)** Any importation into the United States of fish or wildlife  |
| > shall, if---                                                        |
| >                                                                     |
| > **(A)** such fish or wildlife is not an endangered species listed   |
| > pursuant to section                                                 |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title but is listed in Appendix II to the Convention,       |
| >                                                                     |
| > **(B)** the taking and exportation of such fish or wildlife is not  |
| > contrary to the provisions of the Convention and all other          |
| > applicable requirements of the Convention have been satisfied,      |
| >                                                                     |
| > **(C)** the applicable requirements of subsections (d), (e), and    |
| > (f) of this section have been satisfied, and                        |
| >                                                                     |
| > **(D)** such importation is not made in the course of a commercial  |
| > activity,                                                           |
| >                                                                     |
| > be presumed to be an importation not in violation of any provision  |
| > of this chapter or any regulation issued pursuant to this chapter.  |
|                                                                       |
| **(d)** Imports and exports                                           |
|                                                                       |
| > **(1)** In general                                                  |
| >                                                                     |
| > It is unlawful for any person, without first having obtained        |
| > permission from the Secretary, to engage in business---             |
| >                                                                     |
| > **(A)** as an importer or exporter of fish or wildlife (other than  |
| > shellfish and fishery products which                                |
| >                                                                     |
| > **(i)** are not listed pursuant to section                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title as endangered species or threatened species, and      |
| >                                                                     |
| > **(ii)** are imported for purposes of human or animal consumption   |
| > or taken in waters under the jurisdiction of the United States or   |
| > on the high seas for recreational purposes) or plants; or           |
| >                                                                     |
| > **(B)** as an importer or exporter of any amount of raw or worked   |
| > African elephant ivory.                                             |
| >                                                                     |
| > **(2)** Requirements                                                |
| >                                                                     |
| > Any person required to obtain permission under paragraph (1) of     |
| > this subsection shall---                                            |
| >                                                                     |
| > **(A)** keep such records as will fully and correctly disclose each |
| > importation or exportation of fish, wildlife, plants, or African    |
| > elephant ivory made by him and the subsequent disposition made by   |
| > him with respect to such fish, wildlife, plants, or ivory;          |
| >                                                                     |
| > **(B)** at all reasonable times upon notice by a duly authorized    |
| > representative of the Secretary, afford such representative access  |
| > to his place of business, an opportunity to examine his inventory   |
| > of imported fish, wildlife, plants, or African elephant ivory and   |
| > the records required to be kept under subparagraph (A) of this      |
| > paragraph, and to copy such records; and                            |
| >                                                                     |
| > **(C)** file such reports as the Secretary may require.             |
| >                                                                     |
| > **(3)** Regulations                                                 |
| >                                                                     |
| > The Secretary shall prescribe such regulations as are necessary and |
| > appropriate to carry out the purposes of this subsection.           |
| >                                                                     |
| > **(4)** Restriction on consideration of value or amount of African  |
| > elephant ivory imported or exported                                 |
| >                                                                     |
| > In granting permission under this subsection for importation or     |
| > exportation of African elephant ivory, the Secretary shall not vary |
| > the requirements for obtaining such permission on the basis of the  |
| > value or amount of ivory imported or exported under such            |
| > permission.                                                         |
|                                                                       |
| **(e)** Reports                                                       |
|                                                                       |
| It is unlawful for any person importing or exporting fish or wildlife |
| (other than shellfish and fishery products which                      |
|                                                                       |
| > **(1)** are not listed pursuant to section                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title as endangered or threatened species, and              |
| >                                                                     |
| > **(2)** are imported for purposes of human or animal consumption or |
| > taken in waters under the jurisdiction of the United States or on   |
| > the high seas for recreational purposes) or plants to fail to file  |
| > any declaration or report as the Secretary deems necessary to       |
| > facilitate enforcement of this chapter or to meet the obligations   |
| > of the Convention.                                                  |
|                                                                       |
| **(f)** Designation of ports                                          |
|                                                                       |
| > **(1)** It is unlawful for any person subject to the jurisdiction   |
| > of the United States to import into or export from the United       |
| > States any fish or wildlife (other than shellfish and fishery       |
| > products which                                                      |
| >                                                                     |
| > **(A)** are not listed pursuant to section                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title as endangered species or threatened species, and      |
| >                                                                     |
| > **(B)** are imported for purposes of human or animal consumption or |
| > taken in waters under the jurisdiction of the United States or on   |
| > the high seas for recreational purposes) or plants, except at a     |
| > port or ports designated by the Secretary of the Interior. For the  |
| > purpose of facilitating enforcement of this chapter and reducing    |
| > the costs thereof, the Secretary of the Interior, with approval of  |
| > the Secretary of the Treasury and after notice and opportunity for  |
| > public hearing, may, by regulation, designate ports and change such |
| > designations. The Secretary of the Interior, under such terms and   |
| > conditions as he may prescribe, may permit the importation or       |
| > exportation at nondesignated ports in the interest of the health or |
| > safety of the fish or wildlife or plants, or for other reasons, if, |
| > in his discretion, he deems it appropriate and consistent with the  |
| > purpose of this subsection.                                         |
| >                                                                     |
| > **(2)** Any port designated by the Secretary of the Interior under  |
| > the authority of section                                            |
| > [668cc--4](http://assembler.l                                       |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000668--aa000-.html) |
| > [(d)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_s   |
| ec_16_00000668--aa000-.html#d) [\[1\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001538----000-.html#FN-1%23FN-1) |
| > of this title, shall, if such designation is in effect on December  |
| > 27, 1973, be deemed to be a port designated by the Secretary under  |
| > paragraph (1) of this subsection until such time as the Secretary   |
| > otherwise provides.                                                 |
|                                                                       |
| **(g)** Violations                                                    |
|                                                                       |
| It is unlawful for any person subject to the jurisdiction of the      |
| United States to attempt to commit, solicit another to commit, or     |
| cause to be committed, any offense defined in his section.            |
+-----------------------------------------------------------------------+
| **§ 1539. Exceptions**                                                |
+-----------------------------------------------------------------------+
| **(a)** Permits                                                       |
|                                                                       |
| > **(1)** The Secretary may permit, under such terms and conditions   |
| > as he shall prescribe---                                            |
| >                                                                     |
| > **(A)** any act otherwise prohibited by section                     |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > of this title for scientific purposes or to enhance the propagation |
| > or survival of the affected species, including, but not limited to, |
| > acts necessary for the establishment and maintenance of             |
| > experimental populations pursuant to subsection (j) of this         |
| > section; or                                                         |
| >                                                                     |
| > **(B)** any taking otherwise prohibited by section                  |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(B)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_B) |
| > of this title if such taking is incidental to, and not the purpose  |
| > of, the carrying out of an otherwise lawful activity.               |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** No permit may be issued by the Secretary authorizing any    |
| > taking referred to in paragraph (1)(B) unless the applicant         |
| > therefor submits to the Secretary a conservation plan that          |
| > specifies---                                                        |
| >                                                                     |
| > **(i)** the impact which will likely result from such taking;       |
| >                                                                     |
| > **(ii)** what steps the applicant will take to minimize and         |
| > mitigate such impacts, and the funding that will be available to    |
| > implement such steps;                                               |
| >                                                                     |
| > **(iii)** what alternative actions to such taking the applicant     |
| > considered and the reasons why such alternatives are not being      |
| > utilized; and                                                       |
| >                                                                     |
| > **(iv)** such other measures that the Secretary may require as      |
| > being necessary or appropriate for purposes of the plan.            |
| >                                                                     |
| > **(B)** If the Secretary finds, after opportunity for public        |
| > comment, with respect to a permit application and the related       |
| > conservation plan that---                                           |
| >                                                                     |
| > **(i)** the taking will be incidental;                              |
| >                                                                     |
| > **(ii)** the applicant will, to the maximum extent practicable,     |
| > minimize and mitigate the impacts of such taking;                   |
| >                                                                     |
| > **(iii)** the applicant will ensure that adequate funding for the   |
| > plan will be provided;                                              |
| >                                                                     |
| > **(iv)** the taking will not appreciably reduce the likelihood of   |
| > the survival and recovery of the species in the wild; and           |
| >                                                                     |
| > **(v)** the measures, if any, required under subparagraph (A)(iv)   |
| > will be met;                                                        |
| >                                                                     |
| > and he has received such other assurances as he may require that    |
| > the plan will be implemented, **the** Secretary shall issue the     |
| > permit. The permit shall contain such terms and conditions as the   |
| > Secretary deems necessary or appropriate to carry out the purposes  |
| > of this paragraph, including, but not limited to, such reporting    |
| > requirements as the Secretary deems necessary for determining       |
| > whether such terms and conditions are being complied with.          |
| >                                                                     |
| > **(C)** The Secretary shall revoke a permit issued under this       |
| > paragraph if he finds that the permittee is not complying with the  |
| > terms and conditions of the permit.                                 |
|                                                                       |
| **(b)** Hardship exemptions                                           |
|                                                                       |
| > **(1)** If any person enters into a contract with respect to a      |
| > species of fish or wildlife or plant before the date of the         |
| > publication in the Federal Register of notice of consideration of   |
| > that species as an endangered species and the subsequent listing of |
| > that species as an endangered species pursuant to section           |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title will cause undue economic hardship to such person     |
| > under the contract, the Secretary, in order to minimize such        |
| > hardship, may exempt such person from the application of section    |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a) |
| > of this title to the extent the Secretary deems appropriate if such |
| > person applies to him for such exemption and includes with such     |
| > application such information as the Secretary may require to prove  |
| > such hardship; except that                                          |
| >                                                                     |
| > **(A)** no such exemption shall be for a duration of more than one  |
| > year from the date of publication in the Federal Register of notice |
| > of consideration of the species concerned, or shall apply to a      |
| > quantity of fish or wildlife or plants in excess of that specified  |
| > by the Secretary;                                                   |
| >                                                                     |
| > **(B)** the one-year period for those species of fish or wildlife   |
| > listed by the Secretary as endangered prior to December 28, 1973,   |
| > shall expire in accordance with the terms of section                |
| >                                                                     |
|  [668cc--3](http://assembler.law.cornell.edu/uscode/html/uscode16/usc |
| _sec_16_00000668--aa000-.html) [\[1\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001539----000-.html#FN-1%23FN-1) |
| > of this title; and                                                  |
| >                                                                     |
| > **(C)** no such exemption may be granted for the importation or     |
| > exportation of a specimen listed in Appendix I of the Convention    |
| > which is to be used in a commercial activity.                       |
| >                                                                     |
| > **(2)** As used in this subsection, the term "undue economic        |
| > hardship" shall include, but not be limited to:                     |
| >                                                                     |
| > **(A)** substantial economic loss resulting from inability caused   |
| > by this chapter to perform contracts with respect to species of     |
| > fish and wildlife entered into prior to the date of publication in  |
| > the Federal Register of a notice of consideration of such species   |
| > as an endangered species;                                           |
| >                                                                     |
| > **(B)** substantial economic loss to persons who, for the year      |
| > prior to the notice of consideration of such species as an          |
| > endangered species, derived a substantial portion of their income   |
| > from the lawful taking of any listed species, which taking would be |
| > made unlawful under this chapter; or                                |
| >                                                                     |
| > **(C)** curtailment of subsistence taking made unlawful under this  |
| > chapter by persons                                                  |
| >                                                                     |
| > **(i)** not reasonably able to secure other sources of subsistence; |
| > and                                                                 |
| >                                                                     |
| > **(ii)** dependent to a substantial extent upon hunting and fishing |
| > for subsistence; and                                                |
| >                                                                     |
| > **(iii)** who must engage in such curtailed taking for subsistence  |
| > purposes.                                                           |
| >                                                                     |
| > **(3)** The Secretary may make further requirements for a showing   |
| > of undue economic hardship as he deems fit. Exceptions granted      |
| > under this section may be limited by the Secretary in his           |
| > discretion as to time, area, or other factor of applicability.      |
|                                                                       |
| **(c)** Notice and review                                             |
|                                                                       |
| The Secretary shall publish notice in the Federal Register of each    |
| application for an exemption or permit which is made under this       |
| subsection. Each notice shall invite the submission from interested   |
| parties, within thirty days after the date of the notice, of written  |
| data, views, or arguments with respect to the application; except     |
| that such thirty-day period may be waived by the Secretary in an      |
| emergency situation where the health or life of an endangered animal  |
| is threatened and no reasonable alternative is available to the       |
| applicant, but notice of any such waiver shall be published by the    |
| Secretary in the Federal Register within ten days following the       |
| issuance of the exemption or permit. Information received by the      |
| Secretary as a part of any application shall be available to the      |
| public as a matter of public record at every stage of the proceeding. |
|                                                                       |
| **(d)** Permit and exemption policy                                   |
|                                                                       |
| The Secretary may grant exceptions under subsections (a)(1)(A) and    |
| (b) of this section only if he finds and publishes his finding in the |
| Federal Register that                                                 |
|                                                                       |
| > **(1)** such exceptions were applied for in good faith,             |
| >                                                                     |
| > **(2)** if granted and exercised will not operate to the            |
| > disadvantage of such endangered species, and                        |
| >                                                                     |
| > **(3)** will be consistent with the purposes and policy set forth   |
| > in section                                                          |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > of this title.                                                      |
|                                                                       |
| **(e)** Alaska natives                                                |
|                                                                       |
| > **(1)** Except as provided in paragraph (4) of this subsection the  |
| > provisions of this chapter shall not apply with respect to the      |
| > taking of any endangered species or threatened species, or the      |
| > importation of any such species taken pursuant to this section,     |
| > by---                                                               |
| >                                                                     |
| > **(A)** any Indian, Aleut, or Eskimo who is an Alaskan Native who   |
| > resides in Alaska; or                                               |
| >                                                                     |
| > **(B)** any non-native permanent resident of an Alaskan native      |
| > village;                                                            |
| >                                                                     |
| > if such taking is primarily for subsistence purposes. Non-edible    |
| > byproducts of species taken pursuant to this section may be sold in |
| > interstate commerce when made into authentic native articles of     |
| > handicrafts and clothing; except that the provisions of this        |
| > subsection shall not apply to any non-native resident of an Alaskan |
| > native village found by the Secretary to be not primarily dependent |
| > upon the taking of fish and wildlife for consumption or for the     |
| > creation and sale of authentic native articles of handicrafts and   |
| > clothing.                                                           |
| >                                                                     |
| > **(2)** Any taking under this subsection may not be accomplished in |
| > a wasteful manner.                                                  |
| >                                                                     |
| > **(3)** As used in this subsection---                               |
| >                                                                     |
| > **(i)** The term "subsistence" includes selling any edible portion  |
| > of fish or wildlife in native villages and towns in Alaska for      |
| > native consumption within native villages or towns; and             |
| >                                                                     |
| > **(ii)** The term "authentic native articles of handicrafts and     |
| > clothing" means items composed wholly or in some significant        |
| > respect of natural materials, and which are produced, decorated, or |
| > fashioned in the exercise of traditional native handicrafts without |
| > the use of pantographs, multiple carvers, or other mass copying     |
| > devices. Traditional native handicrafts include, but are not        |
| > limited to, weaving, carving, stitching, sewing, lacing, beading,   |
| > drawing, and painting.                                              |
| >                                                                     |
| > **(4)** Notwithstanding the provisions of paragraph (1) of this     |
| > subsection, whenever the Secretary determines that any species of   |
| > fish or wildlife which is subject to taking under the provisions of |
| > this subsection is an endangered species or threatened species, and |
| > that such taking materially and negatively affects the threatened   |
| > or endangered species, he may prescribe regulations upon the taking |
| > of such species by any such Indian, Aleut, Eskimo, or non-Native    |
| > Alaskan resident of an Alaskan native village. Such regulations may |
| > be established with reference to species, geographical description  |
| > of the area included, the season for taking, or any other factors   |
| > related to the reason for establishing such regulations and         |
| > consistent with the policy of this chapter. Such regulations shall  |
| > be prescribed after a notice and hearings in the affected judicial  |
| > districts of Alaska and as otherwise required by section            |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title, and shall be removed as soon as the Secretary        |
| > determines that the need for their impositions has disappeared.     |
|                                                                       |
| **(f)** Pre-Act endangered species parts exemption; application and   |
| certification; regulation; validity of sales contract; separability;  |
| renewal of exemption; expiration of renewal certification             |
|                                                                       |
| > **(1)** As used in this subsection---                               |
| >                                                                     |
| > **(A)** The term "pre-Act endangered species part" means---         |
| >                                                                     |
| > **(i)** any sperm whale oil, including derivatives thereof, which   |
| > was lawfully held within the United States on December 28, 1973, in |
| > the course of a commercial activity; or                             |
| >                                                                     |
| > **(ii)** any finished scrimshaw product, if such product or the raw |
| > material for such product was lawfully held within the United       |
| > States on December 28, 1973, in the course of a commercial          |
| > activity.                                                           |
| >                                                                     |
| > **(B)** The term "scrimshaw product" means any art form which       |
| > involves the substantial etching or engraving of designs upon, or   |
| > the substantial carving of figures, patterns, or designs from, any  |
| > bone or tooth of any marine mammal of the order Cetacea. For        |
| > purposes of this subsection, polishing or the adding of minor       |
| > superficial markings does not constitute substantial etching,       |
| > engraving, or carving.                                              |
| >                                                                     |
| > **(2)** The Secretary, pursuant to the provisions of this           |
| > subsection, may exempt, if such exemption is not in violation of    |
| > the Convention, any pre-Act endangered species part from one or     |
| > more of the following prohibitions:                                 |
| >                                                                     |
| > **(A)** The prohibition on exportation from the United States set   |
| > forth in section                                                    |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(A)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_A) |
| > of this title.                                                      |
| >                                                                     |
| > **(B)** Any prohibition set forth in section                        |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(E)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_E) |
| > or (F) of this title.                                               |
| >                                                                     |
| > **(3)** Any person seeking an exemption described in paragraph (2)  |
| > of this subsection shall make application therefor to the Secretary |
| > in such form and manner as he shall prescribe, but no such          |
| > application may be considered by the Secretary unless the           |
| > application---                                                      |
| >                                                                     |
| > **(A)** is received by the Secretary before the close of the        |
| > one-year period beginning on the date on which regulations          |
| > promulgated by the Secretary to carry out this subsection first     |
| > take effect;                                                        |
| >                                                                     |
| > **(B)** contains a complete and detailed inventory of all pre-Act   |
| > endangered species parts for which the applicant seeks exemption;   |
| >                                                                     |
| > **(C)** is accompanied by such documentation as the Secretary may   |
| > require to prove that any endangered species part or product        |
| > claimed by the applicant to be a pre-Act endangered species part is |
| > in fact such a part; and                                            |
| >                                                                     |
| > **(D)** contains such other information as the Secretary deems      |
| > necessary and appropriate to carry out the purposes of this         |
| > subsection.                                                         |
| >                                                                     |
| > **(4)** If the Secretary approves any application for exemption     |
| > made under this subsection, he shall issue to the applicant a       |
| > certificate of exemption which shall specify---                     |
| >                                                                     |
| > **(A)** any prohibition in section                                  |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a) |
| > of this title which is exempted;                                    |
| >                                                                     |
| > **(B)** the pre-Act endangered species parts to which the exemption |
| > applies;                                                            |
| >                                                                     |
| > **(C)** the period of time during which the exemption is in effect, |
| > but no exemption made under this subsection shall have force and    |
| > effect after the close of the three-year period beginning on the    |
| > date of issuance of the certificate unless such exemption is        |
| > renewed under paragraph (8); and                                    |
| >                                                                     |
| > **(D)** any term or condition prescribed pursuant to paragraph      |
| > (5)(A) or (B), or both, which the Secretary deems necessary or      |
| > appropriate.                                                        |
| >                                                                     |
| > **(5)** The Secretary shall prescribe such regulations as he deems  |
| > necessary and appropriate to carry out the purposes of this         |
| > subsection. Such regulations may set forth---                       |
| >                                                                     |
| > **(A)** terms and conditions which may be imposed on applicants for |
| > exemptions under this subsection (including, but not limited to,    |
| > requirements that applicants register inventories, keep complete    |
| > sales records, permit duly authorized agents of the Secretary to    |
| > inspect such inventories and records, and periodically file         |
| > appropriate reports with the Secretary); and                        |
| >                                                                     |
| > **(B)** terms and conditions which may be imposed on any subsequent |
| > purchaser of any pre-Act endangered species part covered by an      |
| > exemption granted under this subsection;                            |
| >                                                                     |
| > to insure that any such part so exempted is adequately accounted    |
| > for and not disposed of contrary to the provisions of this chapter. |
| > No regulation prescribed by the Secretary to carry out the purposes |
| > of this subsection shall be subject to section                      |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(f)(2)(A)(i)](http://assembler.law.corne                           |
| ll.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#f_2_A_i) |
| > of this title.                                                      |
| >                                                                     |
| > **(6)**                                                             |
| >                                                                     |
| > **(A)** Any contract for the sale of pre-Act endangered species     |
| > parts which is entered into by the Administrator of General         |
| > Services prior to the effective date of this subsection and         |
| > pursuant to the notice published in the Federal Register on January |
| > 9, 1973, shall not be rendered invalid by virtue of the fact that   |
| > fulfillment of such contract may be prohibited under section        |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(F)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_F) |
| > of this title.                                                      |
| >                                                                     |
| > **(B)** In the event that this paragraph is held invalid, the       |
| > validity of the remainder of this chapter, including the remainder  |
| > of this subsection, shall not be affected.                          |
| >                                                                     |
| > **(7)** Nothing in this subsection shall be construed to---         |
| >                                                                     |
| > **(A)** exonerate any person from any act committed in violation of |
| > paragraphs (1)(A), (1)(E), or (1)(F) of section                     |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a) |
| > of this title prior to July 12, 1976; or                            |
| >                                                                     |
| > **(B)** immunize any person from prosecution for any such act.      |
| >                                                                     |
| > **(8)**                                                             |
| >                                                                     |
| > **(A)**                                                             |
| >                                                                     |
| > \(i\)                                                               |
| >  [\[2\]](http://assembler.law.cornell.e                             |
| du/uscode/html/uscode16/usc_sec_16_00001539----000-.html#FN-2%23FN-2) |
| > Any valid certificate of exemption which was renewed after October  |
| > 13, 1982, and was in effect on March 31, 1988, shall be deemed to   |
| > be renewed for a six-month period beginning on October 7, 1988. Any |
| > person holding such a certificate may apply to the Secretary for    |
| > one additional renewal of such certificate for a period not to      |
| > exceed 5 years beginning on October 7, 1988.                        |
| >                                                                     |
| > **(B)** If the Secretary approves any application for renewal of an |
| > exemption under this paragraph, he shall issue to the applicant a   |
| > certificate of renewal of such exemption which shall provide that   |
| > all terms, conditions, prohibitions, and other regulations made     |
| > applicable by the previous certificate shall remain in effect       |
| > during the period of the renewal.                                   |
| >                                                                     |
| > **(C)** No exemption or renewal of such exemption made under this   |
| > subsection shall have force and effect after the expiration date of |
| > the certificate of renewal of such exemption issued under this      |
| > paragraph.                                                          |
| >                                                                     |
| > **(D)** No person may, after January 31, 1984, sell or offer for    |
| > sale in interstate or foreign commerce, any pre-Act finished        |
| > scrimshaw product unless such person holds a valid certificate of   |
| > exemption issued by the Secretary under this subsection, and unless |
| > such product or the raw material for such product was held by such  |
| > person on October 13, 1982.                                         |
|                                                                       |
| **(g)** Burden of proof                                               |
|                                                                       |
| In connection with any action alleging a violation of section         |
| [1538](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| of this title, any person claiming the benefit of any exemption or    |
| permit under this chapter shall have the burden of proving that the   |
| exemption or permit is applicable, has been granted, and was valid    |
| and in force at the time of the alleged violation.                    |
|                                                                       |
| **(h)** Certain antique articles; importation; port designation;      |
| application for return of articles                                    |
|                                                                       |
| > **(1)** Sections                                                    |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| > and                                                                 |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a) |
| > and (c) of this title do not apply to any article which---          |
| >                                                                     |
| > **(A)** is not less than 100 years of age;                          |
| >                                                                     |
| > **(B)** is composed in whole or in part of any endangered species   |
| > or threatened species listed under section                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title;                                                      |
| >                                                                     |
| > **(C)** has not been repaired or modified with any part of any such |
| > species on or after December 28, 1973; and                          |
| >                                                                     |
| > **(D)** is entered at a port designated under paragraph (3).        |
| >                                                                     |
| > **(2)** Any person who wishes to import an article under the        |
| > exception provided by this subsection shall submit to the customs   |
| > officer concerned at the time of entry of the article such          |
| > documentation as the Secretary of the Treasury, after consultation  |
| > with the Secretary of the Interior, shall by regulation require as  |
| > being necessary to establish that the article meets the             |
| > requirements set forth in paragraph (1)(A), (B), and (C).           |
| >                                                                     |
| > **(3)** The Secretary of the Treasury, after consultation with the  |
| > Secretary of the Interior, shall designate one port within each     |
| > customs region at which articles described in paragraph (1)(A),     |
| > (B), and (C) must be entered into the customs territory of the      |
| > United States.                                                      |
| >                                                                     |
| > **(4)** Any person who imported, after December 27, 1973, and on or |
| > before November 10, 1978, any article described in paragraph (1)    |
| > which---                                                            |
| >                                                                     |
| > **(A)** was not repaired or modified after the date of importation  |
| > with any part of any endangered species or threatened species       |
| > listed under section                                                |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title;                                                      |
| >                                                                     |
| > **(B)** was forfeited to the United States before November 10,      |
| > 1978, or is subject to forfeiture to the United States on such date |
| > of enactment, pursuant to the assessment of a civil penalty under   |
| > section                                                             |
| > [1540](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html) |
| > of this title; and                                                  |
| >                                                                     |
| > **(C)** is in the custody of the United States on November 10,      |
| > 1978;                                                               |
| >                                                                     |
| > may, before the close of the one-year period beginning on November  |
| > 10, 1978, make application to the Secretary for return of the       |
| > article. Application shall be made in such form and manner, and     |
| > contain such documentation, as the Secretary prescribes. If on the  |
| > basis of any such application which is timely filed, the Secretary  |
| > is satisfied that the requirements of this paragraph are met with   |
| > respect to the article concerned, the Secretary shall return the    |
| > article to the applicant and the importation of such article shall, |
| > on and after the date of return, be deemed to be a lawful           |
| > importation under this chapter.                                     |
|                                                                       |
| **(i)** Noncommercial transshipments                                  |
|                                                                       |
| Any importation into the United States of fish or wildlife shall,     |
| if---                                                                 |
|                                                                       |
| > **(1)** such fish or wildlife was lawfully taken and exported from  |
| > the country of origin and country of reexport, if any;              |
| >                                                                     |
| > **(2)** such fish or wildlife is in transit or transshipment        |
| > through any place subject to the jurisdiction of the United States  |
| > en route to a country where such fish or wildlife may be lawfully   |
| > imported and received;                                              |
| >                                                                     |
| > **(3)** the exporter or owner of such fish or wildlife gave         |
| > explicit instructions not to ship such fish or wildlife through any |
| > place subject to the jurisdiction of the United States, or did all  |
| > that could have reasonably been done to prevent transshipment, and  |
| > the circumstances leading to the transshipment were beyond the      |
| > exporter's or owner's control;                                      |
| >                                                                     |
| > **(4)** the applicable requirements of the Convention have been     |
| > satisfied; and                                                      |
| >                                                                     |
| > **(5)** such importation is not made in the course of a commercial  |
| > activity,                                                           |
|                                                                       |
| be an importation not in violation of any provision of this chapter   |
| or any regulation issued pursuant to this chapter while such fish or  |
| wildlife remains in the control of the United States Customs Service. |
|                                                                       |
| **(j)** Experimental populations                                      |
|                                                                       |
| > **(1)** For purposes of this subsection, the term "experimental     |
| > population" means any population (including any offspring arising   |
| > solely therefrom) authorized by the Secretary for release under     |
| > paragraph (2), but only when, and at such times as, the population  |
| > is wholly separate geographically from nonexperimental populations  |
| > of the same species.                                                |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** The Secretary may authorize the release (and the related    |
| > transportation) of any population (including eggs, propagules, or   |
| > individuals) of an endangered species or a threatened species       |
| > outside the current range of such species if the Secretary          |
| > determines that such release will further the conservation of such  |
| > species.                                                            |
| >                                                                     |
| > **(B)** Before authorizing the release of any population under      |
| > subparagraph (A), the Secretary shall by regulation identify the    |
| > population and determine, on the basis of the best available        |
| > information, whether or not such population is essential to the     |
| > continued existence of an endangered species or a threatened        |
| > species.                                                            |
| >                                                                     |
| > **(C)** For the purposes of this chapter, each member of an         |
| > experimental population shall be treated as a threatened species;   |
| > except that---                                                      |
| >                                                                     |
| > **(i)** solely for purposes of section                              |
| > [**1536**](http://assembler.l                                       |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001536----000-.html) |
| > of this title (other than subsection (a)(1) thereof), an            |
| > experimental population determined under subparagraph (B) to be not |
| > essential to the continued existence of a species shall be treated, |
| > except when it occurs in an area within the National Wildlife       |
| > Refuge System or the National Park System, as a species proposed to |
| > be listed under section                                             |
| > [**1533**](http://assembler.l                                       |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title; and                                                  |
| >                                                                     |
| > **(ii)** critical habitat shall not be designated under this        |
| > chapter for any experimental population determined under            |
| > subparagraph (B) to be not essential to the continued existence of  |
| > a species.                                                          |
| >                                                                     |
| > **(3)** The Secretary, with respect to populations of endangered    |
| > species or threatened species that the Secretary authorized, before |
| > October 13, 1982, for release in geographical areas separate from   |
| > the other populations of such species, shall determine by           |
| > regulation which of such populations are an experimental population |
| > for the purposes of this subsection and whether or not each is      |
| > essential to the continued existence of an endangered species or a  |
| > threatened species.                                                 |
+-----------------------------------------------------------------------+
| **§ 1540. Penalties and enforcement**                                 |
+-----------------------------------------------------------------------+
| **(a)** Civil penalties                                               |
|                                                                       |
| > **(1)** Any person who knowingly violates, and any person engaged   |
| > in business as an importer or exporter of fish, wildlife, or plants |
| > who violates, any provision of this chapter, or any provision of    |
| > any permit or certificate issued hereunder, or of any regulation    |
| > issued in order to implement subsection (a)(1)(A), (B), (C), (D),   |
| > (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than      |
| > regulation relating to recordkeeping or filing of reports), (f) or  |
| > (g) of section                                                      |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > of this title, may be assessed a civil penalty by the Secretary of  |
| > not more than \$25,000 for each violation. Any person who knowingly |
| > violates, and any person engaged in business as an importer or      |
| > exporter of fish, wildlife, or plants who violates, any provision   |
| > of any other regulation issued under this chapter may be assessed a |
| > civil penalty by the Secretary of not more than \$12,000 for each   |
| > such violation. Any person who otherwise violates any provision of  |
| > this chapter, or any regulation, permit, or certificate issued      |
| > hereunder, may be assessed a civil penalty by the Secretary of not  |
| > more than \$500 for each such violation. No penalty may be assessed |
| > under this subsection unless such person is given notice and        |
| > opportunity for a hearing with respect to such violation. Each      |
| > violation shall be a separate offense. Any such civil penalty may   |
| > be remitted or mitigated by the Secretary. Upon any failure to pay  |
| > a penalty assessed under this subsection, the Secretary may request |
| > the Attorney General to institute a civil action in a district      |
| > court of the United States for any district in which such person is |
| > found, resides, or transacts business to collect the penalty and    |
| > such court shall have jurisdiction to hear and decide any such      |
| > action. The court shall hear such action on the record made before  |
| > the Secretary and shall sustain his action if it is supported by    |
| > substantial evidence on the record considered as a whole.           |
| >                                                                     |
| > **(2)** Hearings held during proceedings for the assessment of      |
| > civil penalties authorized by paragraph (1) of this subsection      |
| > shall be conducted in accordance with section                       |
| > [554](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000554----000-.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| > The Secretary may issue subpenas for the attendance and testimony   |
| > of witnesses and the production of relevant papers, books, and      |
| > documents, and administer oaths. Witnesses summoned shall be paid   |
| > the same fees and mileage that are paid to witnesses in the courts  |
| > of the United States. In case of contumacy or refusal to obey a     |
| > subpena served upon any person pursuant to this paragraph, the      |
| > district court of the United States for any district in which such  |
| > person is found or resides or transacts business, upon application  |
| > by the United States and after notice to such person, shall have    |
| > jurisdiction to issue an order requiring such person to appear and  |
| > give testimony before the Secretary or to appear and produce        |
| > documents before the Secretary, or both, and any failure to obey    |
| > such order of the court may be punished by such court as a contempt |
| > thereof.                                                            |
| >                                                                     |
| > **(3)** Notwithstanding any other provision of this chapter, no     |
| > civil penalty shall be imposed if it can be shown by a              |
| > preponderance of the evidence that the defendant committed an act   |
| > based on a good faith belief that he was acting to protect himself  |
| > or herself, a member of his or her family, or any other individual  |
| > from bodily harm, from any endangered or threatened species.        |
|                                                                       |
| **(b)** Criminal violations                                           |
|                                                                       |
| > **(1)** Any person who knowingly violates any provision of this     |
| > chapter, of any permit or certificate issued hereunder, or of any   |
| > regulation issued in order to implement subsection (a)(1)(A), (B),  |
| > (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other |
| > than a regulation relating to recordkeeping, or filing of reports), |
| > (f), or (g) of section                                              |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > of this title shall, upon conviction, be fined not more than        |
| > \$50,000 or imprisoned for not more than one year, or both. Any     |
| > person who knowingly violates any provision of any other regulation |
| > issued under this chapter shall, upon conviction, be fined not more |
| > than \$25,000 or imprisoned for not more than six months, or both.  |
| >                                                                     |
| > **(2)** The head of any Federal agency which has issued a lease,    |
| > license, permit, or other agreement authorizing a person to import  |
| > or export fish, wildlife, or plants, or to operate a quarantine     |
| > station for imported wildlife, or authorizing the use of Federal    |
| > lands, including grazing of domestic livestock, to any person who   |
| > is convicted of a criminal violation of this chapter or any         |
| > regulation, permit, or certificate issued hereunder may immediately |
| > modify, suspend, or revoke each lease, license, permit, or other    |
| > agreement. The Secretary shall also suspend for a period of up to   |
| > one year, or cancel, any Federal hunting or fishing permits or      |
| > stamps issued to any person who is convicted of a criminal          |
| > violation of any provision of this chapter or any regulation,       |
| > permit, or certificate issued hereunder. The United States shall    |
| > not be liable for the payments of any compensation, reimbursement,  |
| > or damages in connection with the modification, suspension, or      |
| > revocation of any leases, licenses, permits, stamps, or other       |
| > agreements pursuant to this section.                                |
| >                                                                     |
| > **(3)** Notwithstanding any other provision of this chapter, it     |
| > shall be a defense to prosecution under this subsection if the      |
| > defendant committed the offense based on a good faith belief that   |
| > he was acting to protect himself or herself, a member of his or her |
| > family, or any other individual, from bodily harm from any          |
| > endangered or threatened species.                                   |
|                                                                       |
| **(c)** District court jurisdiction                                   |
|                                                                       |
| The several district courts of the United States, including the       |
| courts enumerated in section                                          |
| [460](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode28/usc_sec_28_00000460----000-.html) |
| of title                                                              |
| [28](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28.html), |
| shall have jurisdiction over any actions arising under this chapter.  |
| For the purpose of this chapter, American Samoa shall be included     |
| within the judicial district of the District Court of the United      |
| States for the District of Hawaii.                                    |
|                                                                       |
| **(d)** Rewards and incidental expenses                               |
|                                                                       |
| The Secretary or the Secretary of the Treasury shall pay, from sums   |
| received as penalties, fines, or forfeitures of property for any      |
| violation of this chapter or any regulation issued hereunder          |
|                                                                       |
| > **(1)** a reward to any person who furnishes information which      |
| > leads to an arrest, a criminal conviction, civil penalty            |
| > assessment, or forfeiture of property for any violation of this     |
| > chapter or any regulation issued hereunder. The amount of the       |
| > reward, if any, is to be designated by the Secretary or the         |
| > Secretary of the Treasury, as appropriate. Any officer or employee  |
| > of the United States or any State or local government who furnishes |
| > information or renders service in the performance of his official   |
| > duties is ineligible for payment under this subsection, and         |
| >                                                                     |
| > **(2)** the reasonable and necessary costs incurred by any person   |
| > in providing temporary care for any fish, wildlife, or plant        |
| > pending the disposition of any civil or criminal proceeding         |
| > alleging a violation of this chapter with respect to that fish,     |
| > wildlife, or plant. Whenever the balance of sums received under     |
| > this section and section                                            |
| > [3375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003375----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00003375----000-.html#d) |
| > of this title, as penalties or fines, or from forfeitures of        |
| > property, exceed \$500,000, the Secretary of the Treasury shall     |
| > deposit an amount equal to such excess balance in the cooperative   |
| > endangered species conservation fund established under section      |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > [(i)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#i) |
| > of this title.                                                      |
|                                                                       |
| **(e)** Enforcement                                                   |
|                                                                       |
| > **(1)** The provisions of this chapter and any regulations or       |
| > permits issued pursuant thereto shall be enforced by the Secretary, |
| > the Secretary of the Treasury, or the Secretary of the Department   |
| > in which the Coast Guard is operating, or all such Secretaries.     |
| > Each such Secretary may utilize by agreement, with or without       |
| > reimbursement, the personnel, services, and facilities of any other |
| > Federal agency or any State agency for purposes of enforcing this   |
| > chapter.                                                            |
| >                                                                     |
| > **(2)** The judges of the district courts of the United States and  |
| > the United States magistrate judges may, within their respective    |
| > jurisdictions, upon proper oath or affirmation showing probable     |
| > cause, issue such warrants or other process as may be required for  |
| > enforcement of this chapter and any regulation issued thereunder.   |
| >                                                                     |
| > **(3)** Any person authorized by the Secretary, the Secretary of    |
| > the Treasury, or the Secretary of the Department in which the Coast |
| > Guard is operating, to enforce this chapter may detain for          |
| > inspection and inspect any package, crate, or other container,      |
| > including its contents, and all accompanying documents, upon        |
| > importation or exportation. Such person may make arrests without a  |
| > warrant for any violation of this chapter if he has reasonable      |
| > grounds to believe that the person to be arrested is committing the |
| > violation in his presence or view, and may execute and serve any    |
| > arrest warrant, search warrant, or other warrant or civil or        |
| > criminal process issued by any officer or court of competent        |
| > jurisdiction for enforcement of this chapter. Such person so        |
| > authorized may search and seize, with or without a warrant, as      |
| > authorized by law. Any fish, wildlife, property, or item so seized  |
| > shall be held by any person authorized by the Secretary, the        |
| > Secretary of the Treasury, or the Secretary of the Department in    |
| > which the Coast Guard is operating pending disposition of civil or  |
| > criminal proceedings, or the institution of an action in rem for    |
| > forfeiture of such fish, wildlife, property, or item pursuant to    |
| > paragraph (4) of this subsection; except that the Secretary may, in |
| > lieu of holding such fish, wildlife, property, or item, permit the  |
| > owner or consignee to post a bond or other surety satisfactory to   |
| > the Secretary, but upon forfeiture of any such property to the      |
| > United States, or the abandonment or waiver of any claim to any     |
| > such property, it shall be disposed of (other than by sale to the   |
| > general public) by the Secretary in such a manner, consistent with  |
| > the purposes of this chapter, as the Secretary shall by regulation  |
| > prescribe.                                                          |
| >                                                                     |
| > **(4)**                                                             |
| >                                                                     |
| > **(A)** All fish or wildlife or plants taken, possessed, sold,      |
| > purchased, offered for sale or purchase, transported, delivered,    |
| > received, carried, shipped, exported, or imported contrary to the   |
| > provisions of this chapter, any regulation made pursuant thereto,   |
| > or any permit or certificate issued hereunder shall be subject to   |
| > forfeiture to the United States.                                    |
| >                                                                     |
| > **(B)** All guns, traps, nets, and other equipment, vessels,        |
| > vehicles, aircraft, and other means of transportation used to aid   |
| > the taking, possessing, selling, purchasing, offering for sale or   |
| > purchase, transporting, delivering, receiving, carrying, shipping,  |
| > exporting, or importing of any fish or wildlife or plants in        |
| > violation of this chapter, any regulation made pursuant thereto, or |
| > any permit or certificate issued thereunder shall be subject to     |
| > forfeiture to the United States upon conviction of a criminal       |
| > violation pursuant to subsection (b)(1) of this section.            |
| >                                                                     |
| > **(5)** All provisions of law relating to the seizure, forfeiture,  |
| > and condemnation of a vessel for violation of the customs laws, the |
| > disposition of such vessel or the proceeds from the sale thereof,   |
| > and the remission or mitigation of such forfeiture, shall apply to  |
| > the seizures and forfeitures incurred, or alleged to have been      |
| > incurred, under the provisions of this chapter, insofar as such     |
| > provisions of law are applicable and not inconsistent with the      |
| > provisions of this chapter; except that all powers, rights, and     |
| > duties conferred or imposed by the customs laws upon any officer or |
| > employee of the Treasury Department shall, for the purposes of this |
| > chapter, be exercised or performed by the Secretary or by such      |
| > persons as he may designate.                                        |
| >                                                                     |
| > **(6)** The Attorney General of the United States may seek to       |
| > enjoin any person who is alleged to be in violation of any          |
| > provision of this chapter or regulation issued under authority      |
| > thereof.                                                            |
|                                                                       |
| **(f)** Regulations                                                   |
|                                                                       |
| The Secretary, the Secretary of the Treasury, and the Secretary of    |
| the Department in which the Coast Guard is operating, are authorized  |
| to promulgate such regulations as may be appropriate to enforce this  |
| chapter, and charge reasonable fees for expenses to the Government    |
| connected with permits or certificates authorized by this chapter     |
| including processing applications and reasonable inspections, and     |
| with the transfer, board, handling, or storage of fish or wildlife or |
| plants and evidentiary items seized and forfeited under this chapter. |
| All such fees collected pursuant to this subsection shall be          |
| deposited in the Treasury to the credit of the appropriation which is |
| current and chargeable for the cost of furnishing the services.       |
| Appropriated funds may be expended pending reimbursement from parties |
| in interest.                                                          |
|                                                                       |
| **(g)** Citizen suits                                                 |
|                                                                       |
| > **(1)** Except as provided in paragraph (2) of this subsection any  |
| > person may commence a civil suit on his own behalf---               |
| >                                                                     |
| > **(A)** to enjoin any person, including the United States and any   |
| > other governmental instrumentality or agency (to the extent         |
| > permitted by the eleventh amendment to the Constitution), who is    |
| > alleged to be in violation of any provision of this chapter or      |
| > regulation issued under the authority thereof; or                   |
| >                                                                     |
| > **(B)** to compel the Secretary to apply, pursuant to section       |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > [(g)(2)(B)(ii)](http://assembler.law.cornel                         |
| l.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#g_2_B_ii) |
| > of this title, the prohibitions set forth in or authorized pursuant |
| > to section                                                          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#d) |
| > or                                                                  |
| > [1538](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html) |
| > [(a)(1)(B)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001538----000-.html#a_1_B) |
| > of this title with respect to the taking of any resident endangered |
| > species or threatened species within any State; or                  |
| >                                                                     |
| > **(C)** against the Secretary where there is alleged a failure of   |
| > the Secretary to perform any act or duty under section              |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > of this title which is not discretionary with the Secretary.        |
| >                                                                     |
| > The district courts shall have jurisdiction, without regard to the  |
| > amount in controversy or the citizenship of the parties, to enforce |
| > any such provision or regulation, or to order the Secretary to      |
| > perform such act or duty, as the case may be. In any civil suit     |
| > commenced under subparagraph (B) the district court shall compel    |
| > the Secretary to apply the prohibition sought if the court finds    |
| > that the allegation that an emergency exists is supported by        |
| > substantial evidence.                                               |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** No action may be commenced under subparagraph (1)(A) of     |
| > this section---                                                     |
| >                                                                     |
| > **(i)** prior to sixty days after written notice of the violation   |
| > has been given to the Secretary, and to any alleged violator of any |
| > such provision or regulation;                                       |
| >                                                                     |
| > **(ii)** if the Secretary has commenced action to impose a penalty  |
| > pursuant to subsection (a) of this section; or                      |
| >                                                                     |
| > **(iii)** if the United States has commenced and is diligently      |
| > prosecuting a criminal action in a court of the United States or a  |
| > State to redress a violation of any such provision or regulation.   |
| >                                                                     |
| > **(B)** No action may be commenced under subparagraph (1)(B) of     |
| > this section---                                                     |
| >                                                                     |
| > **(i)** prior to sixty days after written notice has been given to  |
| > the Secretary setting forth the reasons why an emergency is thought |
| > to exist with respect to an endangered species or a threatened      |
| > species in the State concerned; or                                  |
| >                                                                     |
| > **(ii)** if the Secretary has commenced and is diligently           |
| > prosecuting action under section                                    |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > [(g)(2)(B)(ii)](http://assembler.law.cornel                         |
| l.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html#g_2_B_ii) |
| > of this title to determine whether any such emergency exists.       |
| >                                                                     |
| > **(C)** No action may be commenced under subparagraph (1)(C) of     |
| > this section prior to sixty days after written notice has been      |
| > given to the Secretary; except that such action may be brought      |
| > immediately after such notification in the case of an action under  |
| > this section respecting an emergency posing a significant risk to   |
| > the well-being of any species of fish or wildlife or plants.        |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** Any suit under this subsection may be brought in the        |
| > judicial district in which the violation occurs.                    |
| >                                                                     |
| > **(B)** In any such suit under this subsection in which the United  |
| > States is not a party, the Attorney General, at the request of the  |
| > Secretary, may intervene on behalf of the United States as a matter |
| > of right.                                                           |
| >                                                                     |
| > **(4)** The court, in issuing any final order in any suit brought   |
| > pursuant to paragraph (1) of this subsection, may award costs of    |
| > litigation (including reasonable attorney and expert witness fees)  |
| > to any party, whenever the court determines such award is           |
| > appropriate.                                                        |
| >                                                                     |
| > **(5)** The injunctive relief provided by this subsection shall not |
| > restrict any right which any person (or class of persons) may have  |
| > under any statute or common law to seek enforcement of any standard |
| > or limitation or to seek any other relief (including relief against |
| > the Secretary or a State agency).                                   |
|                                                                       |
| **(h)** Coordination with other laws                                  |
|                                                                       |
| The Secretary of Agriculture and the Secretary shall provide for      |
| appropriate coordination of the administration of this chapter with   |
| the administration of the animal quarantine laws (as defined in       |
| section                                                               |
| [136a](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode21/usc_sec_21_00000136---a000-.html) |
| [(f)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode21/usc_sec_21_00000136---a000-.html#f) |
| of title                                                              |
| [21](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode21/usc_sup_01_21.html)) |
| and section                                                           |
| 306 [\[1\]](http://assembler.law.cornell.e                            |
| du/uscode/html/uscode16/usc_sec_16_00001540----000-.html#FN-1%23FN-1) |
| of the Tariff Act of 1930                                             |
| ([19](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode19/usc_sup_01_19.html) |
| U.S.C.                                                                |
| [1306](http://assembler.law                                           |
| .cornell.edu/uscode/html/uscode19/usc_sec_19_00001306----000-.html)). |
| Nothing in this chapter or any amendment made by this chapter shall   |
| be construed as superseding or limiting in any manner the functions   |
| of the Secretary of Agriculture under any other law relating to       |
| prohibited or restricted importations or possession of animals and    |
| other articles and no proceeding or determination under this chapter  |
| shall preclude any proceeding or be considered determinative of any   |
| issue of fact or law in any proceeding under any Act administered by  |
| the Secretary of Agriculture. Nothing in this chapter shall be        |
| construed as superseding or limiting in any manner the functions and  |
| responsibilities of the Secretary of the Treasury under the Tariff    |
| Act of 1930                                                           |
| \[[19](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode19/usc_sup_01_19.html) |
| U.S.C.                                                                |
| [1202](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode19/usc_sec_19_00001202----000-.html) |
| et seq.\], including, without limitation, section 527 of that Act     |
| ([19](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode19/usc_sup_01_19.html) |
| U.S.C.                                                                |
| [1527](http://assembler.law                                           |
| .cornell.edu/uscode/html/uscode19/usc_sec_19_00001527----000-.html)), |
| relating to the importation of wildlife taken, killed, possessed, or  |
| exported to the United States in violation of the laws or regulations |
| of a foreign country.                                                 |
+-----------------------------------------------------------------------+
| **§ 1541. Endangered plants**                                         |
+-----------------------------------------------------------------------+
| The Secretary of the Smithsonian Institution, in conjunction with     |
| other affected agencies, is authorized and directed to review         |
|                                                                       |
| > **(1)** species of plants which are now or may become endangered or |
| > threatened and                                                      |
| >                                                                     |
| > **(2)** methods of adequately conserving such species, and to       |
| > report to Congress, within one year after December 28, 1973, the    |
| > results of such review including recommendations for new            |
| > legislation or the amendment of existing legislation.               |
+-----------------------------------------------------------------------+
| **§ 1542. Authorization of appropriations**                           |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| Except as provided in subsections (b), (c), and (d) of this section,  |
| there are authorized to be appropriated---                            |
|                                                                       |
| > **(1)** not to exceed \$35,000,000 for fiscal year 1988,            |
| > \$36,500,000 for fiscal year 1989, \$38,000,000 for fiscal year     |
| > 1990, \$39,500,000 for fiscal year 1991, and \$41,500,000 for       |
| > fiscal year 1992 to enable the Department of the Interior to carry  |
| > out such functions and responsibilities as it may have been given   |
| > under this chapter;                                                 |
| >                                                                     |
| > **(2)** not to exceed \$5,750,000 for fiscal year 1988, \$6,250,000 |
| > for each of fiscal years 1989 and 1990, and \$6,750,000 for each of |
| > fiscal years 1991 and 1992 to enable the Department of Commerce to  |
| > carry out such functions and responsibilities as it may have been   |
| > given under this chapter; and                                       |
| >                                                                     |
| > **(3)** not to exceed \$2,200,000 for fiscal year 1988, \$2,400,000 |
| > for each of fiscal years 1989 and 1990, and \$2,600,000 for each of |
| > fiscal years 1991 and 1992, to enable the Department of Agriculture |
| > to carry out its functions and responsibilities with respect to the |
| > enforcement of this chapter and the Convention which pertain to the |
| > importation or exportation of plants.                               |
|                                                                       |
| **(b)** Exemptions                                                    |
|                                                                       |
| There are authorized to be appropriated to the Secretary to assist    |
| him and the Endangered Species Committee in carrying out their        |
| functions under                                                       |
| sections [\[1\]](http://assembler.law.cornell.e                       |
| du/uscode/html/uscode16/usc_sec_16_00001542----000-.html#FN-1%23FN-1) |
| 1536(e), (g), and (h) of this title not to exceed \$600,000 for each  |
| of fiscal years 1988, 1989, 1990, 1991, and 1992.                     |
|                                                                       |
| **(c)** Convention implementation                                     |
|                                                                       |
| There are authorized to be appropriated to the Department of the      |
| Interior for purposes of carrying out section                         |
| [1537a](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001537---a000-.html) |
| [(e)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001537---a000-.html#e) |
| of this title not to exceed \$400,000 for each of fiscal years 1988,  |
| 1989, and 1990, and \$500,000 for each of fiscal years 1991 and 1992, |
| and such sums shall remain available until expended.                  |
+-----------------------------------------------------------------------+
| **§ 1543. Construction with Marine Mammal Protection Act of 1972**    |
+-----------------------------------------------------------------------+
| Except as otherwise provided in this chapter, no provision of this    |
| chapter shall take precedence over any more restrictive conflicting   |
| provision of the Marine Mammal Protection Act of 1972                 |
| \[[16](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1361](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html) |
| et seq.\].                                                            |
+-----------------------------------------------------------------------+
| **§ 1544. Annual cost analysis by Fish and Wildlife Service**         |
+-----------------------------------------------------------------------+
| Notwithstanding section 3003 of Public Law 104--66                    |
| ([31](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode31/usc_sup_01_31.html) |
| U.S.C. [1113                                                          |
| note](http://assembler.law.co                                         |
| rnell.edu/uscode/html/uscode31/usc_sec_31_00001113----000-notes.html) |
| ; [109 Stat.                                                          |
| 734](http://assembler.law.cornell.edu/usc-cgi/ge                      |
| t_external.cgi?type=statRef&target=date:nonech:nonestatnum:109_734)), |
| on or before January 15, 1990, and each January 15 thereafter, the    |
| Secretary of the Interior, acting through the Fish and Wildlife       |
| Service, shall submit to the Congress an annual report covering the   |
| preceding fiscal year which shall contain---                          |
|                                                                       |
| > **(1)** an accounting on a species by species basis of all          |
| > reasonably identifiable Federal expenditures made primarily for the |
| > conservation of endangered or threatened species pursuant to this   |
| > chapter; and                                                        |
| >                                                                     |
| > **(2)** an accounting on a species by species basis of all          |
| > reasonably identifiable expenditures made primarily for the         |
| > conservation of endangered or threatened species pursuant to this   |
| > chapter by States receiving grants under section                    |
| > [1535](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001535----000-.html) |
| > of this title.                                                      |
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