-CITE-
    16 USC CHAPTER 35 - ENDANGERED SPECIES                      01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
                      CHAPTER 35 - ENDANGERED SPECIES                  

-MISC1-
    Sec.                                                     
    1531.       Congressional findings and declaration of purposes and
                 policy.                                              
    1532.       Definitions.                                          
    1533.       Determination of endangered species and threatened
                 species.                                             
    1534.       Land acquisition.                                     
    1535.       Cooperation with States.                              
    1536.       Interagency cooperation.                              
    1537.       International cooperation.                            
    1537a.      Convention implementation.                            
    1538.       Prohibited acts.                                      
    1539.       Exceptions.                                           
    1540.       Penalties and enforcement.                            
    1541.       Endangered plants.                                    
    1542.       Authorization of appropriations.                      
    1543.       Construction with Marine Mammal Protection Act of
                 1972.                                                
    1544.       Annual cost analysis by Fish and Wildlife Service.    

-End-

-CITE-
    16 USC Sec. 1531                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1531. Congressional findings and declaration of purposes and
      policy

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 93-205, Sec. 2, Dec. 28, 1973, 87 Stat. 884; Pub. L. 96-
    159, Sec. 1, Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97-304, Sec.
    9(a), Oct. 13, 1982, 96 Stat. 1426; Pub. L. 100-478, title I, Sec.
    1013(a), Oct. 7, 1988, 102 Stat. 2315.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b) and (c)(1), was in the
    original "this Act", meaning Pub. L. 93-205, Dec. 28, 1973, 81
    Stat. 884, as amended, known as the "Endangered Species Act of
    1973", which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out below and Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(4)(G). Pub. L. 100-478 substituted "; and" for
    period at end.
      1982 - Subsec. (c). Pub. L. 97-304 designated existing provisions
    as par. (1) and added par. (2).
      1979 - Subsec. (a)(5). Pub. L. 96-159 substituted "wildlife, and
    plants" for "wildlife".

                              EFFECTIVE DATE                          
      Section 16 of Pub. L. 93-205 provided that: "This Act [enacting
    this chapter, amending sections 460k-1, 460l-9, 668dd, 715i, 715s,
    1362, 1371, 1372, and 1402 of this title and section 136 of Title
    7, Agriculture, repealing sections 668aa to 668cc-6 of this title,
    and enacting provisions set out as notes under this section] shall
    take effect on the date of its enactment [Dec. 28, 1973]."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Section 1 of Pub. L. 97-304 provided: "That this Act [amending
    this section and sections 1532, 1533, 1535, 1536, 1537a, 1538,
    1539, 1540, and 1542 of this title and enacting provisions set out
    as notes under sections 1533, 1537a, and 1539 of this title] may be
    cited as the 'Endangered Species Act Amendments of 1982'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-632, Sec. 1, Nov. 10, 1978, 92 Stat. 3751, provided:
    "That this Act [amending sections 1532 to 1536, 1538 to 1540, and
    1542 of this title] may be cited as the 'Endangered Species Act
    Amendments of 1978'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 93-205 provided: "That this Act [enacting
    this chapter, amending sections 460k-1, 460l-9, 668dd, 715i, 715s,
    1362, 1371, 1372, and 1402 of this title and section 136 of Title
    7, Agriculture, repealing sections 668aa to 668cc-6 of this title,
    and enacting provisions set out as notes under this section] may be
    cited as the 'Endangered Species Act of 1973'."

              RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973          
      Pub. L. 102-251, title III, Sec. 305, Mar. 9, 1992, 106 Stat. 66,
    as amended by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
    II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided
    that: "The special areas defined in section 3(24) of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C.
    1802(24)) shall be considered places that are subject to the
    jurisdiction of the United States for the purposes of the
    Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)."

-EXEC-
           MINIMIZATION OF CONFLICTS WITH RECREATIONAL FISHERIES       
      For provision that all Federal agencies minimize conflicts
    between recreational fisheries and administration of this chapter,
    see Ex. Ord. No. 12962, Sec. 4, June 7, 1995, 60 F.R. 30770, set
    out as a note under section 1801 of this title.

-End-

-CITE-
    16 USC Sec. 1532                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1532. Definitions

-STATUTE-
      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 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 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, Sec. 4(b), Oct. 13, 1982, 96
      Stat. 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 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(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.

-SOURCE-
    (Pub. L. 93-205, Sec. 3, Dec. 28, 1973, 87 Stat. 885; Pub. L. 94-
    359, Sec. 5, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, Sec. 2,
    Nov. 10, 1978, 92 Stat. 3751; Pub. L. 96-159, Sec. 2, Dec. 28,
    1979, 93 Stat. 1225; Pub. L. 97-304, Sec. 4(b), Oct. 13, 1982, 96
    Stat. 1420; Pub. L. 100-478, title I, Sec. 1001, Oct. 7, 1988, 102
    Stat. 2306.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The customs laws of the United States, referred to in par. (10),
    are classified generally to Title 19, Customs Duties.
      Reorganization Plan Numbered 4 of 1970, referred to in par. (15),
    is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84
    Stat. 2090, which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1988 - Par. (13). Pub. L. 100-478, Sec. 1001(a), amended par.
    (13) generally. Prior to amendment, par. (13) read as follows: "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 or political subdivision thereof, or of any foreign
    government."
      Par. (15). Pub. L. 100-478, Sec. 1001(b), inserted "also" before
    "means the Secretary of Agriculture".
      1982 - Par. (11). Pub. L. 97-304 struck out par. (11) which
    defined "irresolvable conflict" as, with respect to any action
    authorized, funded, or carried out by a Federal agency, a set of
    circumstances under which, after consultation as required in
    section 1536(a) of this title, completion of such action would
    violate section 1536(a)(2) of this title.
      1979 - Par. (11). Pub. L. 96-159 substituted "action would
    violate section 1536(a)(2) of this title" for "action would (A)
    jeopardize the continued existence of an endangered or threatened
    species, or (B) result in the adverse modification or destruction
    of a critical habitat".
      1978 - Pars. (1) to (4). Pub. L. 95-632, Sec. 2(1), (7), added
    par. (1) and redesignated former pars. (1) to (3) as (2) to (4),
    respectively. Former par. (4) redesignated (6).
      Par. (5). Pub. L. 95-632, Sec. 2(2), (7), added par. (5). Former
    par. (5) redesignated (8).
      Par. (6). Pub. L. 95-632, Sec. 2(7), redesignated former par. (4)
    as (6). Former par. (6) redesignated (9).
      Par. (7). Pub. L. 95-632, Sec. 2(3), (7), added par. (7). Former
    par. (7) redesignated (10).
      Pars. (8) to (10). Pub. L. 95-632, Sec. 2(7), redesignated former
    pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to
    (10) redesignated (13) to (15), respectively.
      Pars. (11), (12). Pub. L. 95-632, Sec. 2(4), (7), added pars.
    (11) and (12). Former pars. (11) and (12) redesignated (16) and
    (17), respectively.
      Pars. (13) to (15). Pub. L. 95-632, Sec. 2(7), redesignated
    former pars. (8) to (10) as (13) to (15), respectively. Former
    pars. (13) to (15) redesignated as (18) to (20), respectively.
      Par. (16). Pub. L. 95-632, Sec. 2(5), (7), redesignated former
    par. (11) as (16) and substituted "and any distinct population
    segment of any species of vertebrate fish or wildlife which
    interbreeds when mature" for "and any other group of fish or
    wildlife of the same species or smaller taxa in common spatial
    arrangement that interbreed when mature". Former par. (16)
    redesignated (21).
      Par. (17). Pub. L. 95-632, Sec. 2(7), redesignated former par.
    (12) as (17).
      Par. (18). Pub. L. 95-632, Sec. 2(6), (7), redesignated former
    par. (13) as (18) and substituted "fish, plant, or wildlife" for
    "fish or wildlife".
      Pars. (19) to (21). Pub. L. 95-632, Sec. 2(7), redesignated pars.
    (14) to (16) as (19) to (21), respectively.
      1976 - Par. (1). Pub. L. 94-359 inserted ": Provided, however,
    That it does not include exhibition of commodities by museums or
    similar cultural or historical organizations." after "facilitating
    such buying and selling".

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-

-CITE-
    16 USC Sec. 1533                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1533. Determination of endangered species and threatened
      species

-STATUTE-
    (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)(A) The Secretary, by regulation promulgated in accordance
    with subsection (b) of this section and to the maximum extent
    prudent and determinable - 
        (i) 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
        (ii) may, from time-to-time thereafter as appropriate, revise
      such designation.

      (B)(i) The Secretary shall not designate as critical habitat any
    lands or other geographical areas owned or controlled by the
    Department of Defense, or designated for its use, that are subject
    to an integrated natural resources management plan prepared under
    section 670a of this title, if the Secretary determines in writing
    that such plan provides a benefit to the species for which critical
    habitat is proposed for designation.
      (ii) Nothing in this paragraph affects the requirement to consult
    under section 1536(a)(2) of this title with respect to an agency
    action (as that term is defined in that section).
      (iii) Nothing in this paragraph affects the obligation of the
    Department of Defense to comply with section 1538 of this title,
    including the prohibition preventing extinction and taking of
    endangered species and threatened species.
    (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, the impact on national security,
    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(e)
    of title 5, 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) 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(e)
    of title 5, 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 of title 5 (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 of title 5 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(a)(1) of this title, in the case of fish or
    wildlife, or section 1538(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(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) 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 4, Dec. 28, 1973, 87 Stat. 886; Pub. L. 94-
    359, Sec. 1, July 12, 1976, 90 Stat. 911; Pub. L. 95-632, Secs.
    11, 13, Nov. 10, 1978, 92 Stat. 3764, 3766; Pub. L. 96-159, Sec. 3,
    Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97-304, Sec. 2(a), Oct. 13,
    1982, 96 Stat. 1411; Pub. L. 100-478, title I, Secs. 1002-1004,
    Oct. 7, 1988, 102 Stat. 2306, 2307; Pub. L. 108-136, div. A, title
    III, Sec. 318, Nov. 24, 2003, 117 Stat. 1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 4 of 1970, referred to in subsec.
    (a)(2), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
    15627, 84 Stat. 2090, which is set out in the Appendix to Title 5,
    Government Organization and Employees.
      The Federal Advisory Committee Act, referred to in subsec.
    (f)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3). Pub. L. 108-136, Sec. 318(a), designated
    existing provisions as subpar. (A), redesignated former subpars.
    (A) and (B) as cls. (i) and (ii), respectively, and added subpar.
    (B).
      Subsec. (b)(2). Pub. L. 108-136, Sec. 318(b), inserted "the
    impact on national security," after "the economic impact,".
      1988 - Subsec. (b)(3)(C)(iii). Pub. L. 100-478, Sec. 1002(a),
    added subcl. (iii).
      Subsec. (e). Pub. L. 100-478, Sec. 1002(b), substituted
    "regulation of commerce or taking," for "regulation," in
    introductory provisions.
      Subsec. (f). Pub. L. 100-478, Sec. 1003, amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows: "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 (1) shall, to the
    maximum extent practicable, give priority to those endangered
    species or threatened species most likely to benefit from such
    plans, particularly those species that are, or may be, in conflict
    with construction or other developmental projects or other forms of
    economic activity, and (2) 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."
      Subsecs. (g) to (i). Pub. L. 100-478, Sec. 1004, added subsec.
    (g) and redesignated former subsecs. (g) and (h) as (h) and (i),
    respectively.
      1982 - Subsec. (a)(1). Pub. L. 97-304, Sec. 2(a)(1)(B), (D),
    inserted "promulgated in accordance with subsection (b) of this
    section" after "shall by regulation" in introductory provisions
    preceding subpar. (A), and struck out provision following subpar.
    (E), which directed the Secretary, at the time regulations were
    proposed, to specify any habitat of a species considered to be a
    critical habitat but that such specification of critical habitats
    not apply to species listed prior to Nov. 10, 1978.
      Subsec. (a)(1)(A). Pub. L. 97-304, Sec. 2(a)(1)(A), redesignated
    subpar. (1) as (A).
      Subsec. (a)(1)(B). Pub. L. 97-304, Sec. 2(a)(1)(A), (C),
    redesignated subpar. (2) as (B) and substituted "recreational," for
    "sporting,".
      Subsec. (a)(1)(C) to (E). Pub. L. 97-304, Sec. 2(a)(1)(A),
    redesignated subpars. (3), (4), and (5) as (C), (D), and (E),
    respectively.
      Subsec. (a)(3). Pub. L. 97-304, Sec. 2(a)(1)(E), added par. (3).
      Subsec. (b). Pub. L. 97-304, Sec. 2(a)(2), completely revised
    subsec. (b) by, among other changes, requiring the Secretary to
    base determinations regarding the listing or delisting of species
    "solely" on the basis of the best scientific and commercial data
    available, streamlining the listing process by reducing the time
    periods for rulemaking, consolidating public meetings and hearing
    requirements, and establishing virtually identical procedures for
    the listing and delisting of species and for the designation of
    critical habitat, and altering the evidentiary standard which
    petitioners must satisfy to warrant a status review of the species
    proposed for listing or delisting.
      Subsec. (c)(1). Pub. L. 97-304, Sec. 2(a)(3)(A), struck out ",
    and from time to time he may by regulation revise," after "Federal
    Register" and inserted provision directing the Secretary to revise
    from time to time 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.
      Subsec. (c)(2). Pub. L. 97-304, Sec. 2(a)(3)(B), (C),
    redesignated par. (4) as (2). Former par. (2), directing the
    Secretary, within 90 days of the receipt of the petition of an
    interested person under section 553(e) of title 5, to conduct and
    publish in the Federal Register a review of the status of any
    listed or unlisted species proposed to be removed from or added to
    either of the lists published pursuant to paragraph (1) of this
    subsection, but only if he made and published a finding that such
    person had presented substantial evidence which in his judgment
    warranted such a review, was struck out.
      Subsec. (c)(3). Pub. L. 97-304, Sec. 2(a)(3)(B), struck out par.
    (3) which had provided that any list in effect on Dec. 27, 1973, of
    species of fish or wildlife determined by the Secretary of the
    Interior, pursuant to the Endangered Species Conservation Act of
    1969, to be threatened with extinction be republished to conform to
    the classification for endangered species or threatened species, as
    the case might be, provided for in this chapter, but until such
    republication, any such species so listed was to be deemed an
    endangered species within the meaning of this chapter, and that the
    republication of any species pursuant to this paragraph did not
    require public hearing or comment under section 553 of title 5.
      Subsec. (c)(4). Pub. L. 97-304, Sec. 2(a)(3)(C), redesignated
    par. (4) as (2).
      Subsec. (d). Pub. L. 97-304, Sec. 2(a)(4)(A), substituted
    "section 1535(c) of this title" for "section 1535(a) of this
    title".
      Subsec. (f). Pub. L. 97-304, Sec. 2(a)(4)(B), (C), (D),
    redesignated subsec. (g) as (f) and substituted "recovery plans (1)
    shall, to the maximum extent practicable, give priority to those
    endangered species or threatened species most likely to benefit
    from such plans, particularly those species that are, or may be, in
    conflict with construction or other developmental projects or other
    forms of economic activity, and (2)" for "recovery plans,". Former
    subsec. (f), relating to the promulgation of regulations, was
    struck out.
      Subsec. (g). Pub. L. 97-304, Sec. 2(a)(4)(C), (E), redesignated
    subsec. (h) as (g), substituted reference to subsection (b)(3) of
    this section for reference to subsection (c)(2) of this section in
    par. (1), substituted "under subsection (a)(1) of this section" for
    "for listing" in par. (3), and substituted "subsection (f) of this
    section" for "subsection (g) of this section" in par. (4). Former
    subsec. (g) redesignated (f).
      Subsec. (h). Pub. L. 97-304, Sec. 2(a)(4)(C), (F), added subsec.
    (h) and redesignated former subsec. (h) as (g).
      1979 - Subsec. (b)(1). Pub. L. 96-159, Sec. 3(1), required the
    Secretary's determinations to be preceded with a review of the
    status of the species.
      Subsec. (f)(2)(B)(i). Pub. L. 96-159, Sec. 3(2), required
    publication of summary of text rather than of the complete text of
    proposed regulation specifying any critical habitat and inclusion
    of a map of the proposed critical habitat.
      Subsec. (f)(2)(B)(iv)(II). Pub. L. 96-159, Sec. 3(3), substituted
    "if requested within 15 days after the date on which the public
    meeting is conducted," for "if requested,".
      Subsec. (f)(2)(C). Pub. L. 96-159, Sec. 3(4), (5), inserted in
    introductory text ", subsection (b)(4) of this section,"; and in
    cl. (ii), included reference to significant risk to wellbeing of
    any species of plants, inserted in item (II) reference to
    regulation applicable to resident species of plants, extended the
    statutory period to a "240-day period" from a "120-day period", and
    provided for withdrawal of an emergency regulation without
    substantial evidence to warrant it, respectively.
      Subsec. (h). Pub. L. 96-159, Sec. 3(6), added subsec. (h).
      1978 - Subsec. (a)(1). Pub. L. 95-632, Sec. 11(1), inserted
    provision requiring the Secretary, at the time a regulation is
    proposed, to specify by regulation any habitat of the species
    involved which is considered a critical habitat providing the
    species was listed subsequent to Nov. 10, 1978.
      Subsec. (b)(4). Pub. L. 95-632, Sec. 11(7), added par. (4).
      Subsec. (c)(1). Pub. L. 95-632, Sec. 11(2), struck out "and
    shall" after "if any" and inserted ", and specify any critical
    habitat within such range" after "endangered or threatened".
      Subsec. (c)(2). Pub. L. 95-632, Sec. 11(6), substituted "within
    90 days of the receipt of" for "upon" and "conduct and publish in
    the Federal Register a review of the status of" for "conduct a
    review of" and inserted a provision requiring that the review and
    findings be made and published prior to initiation of any
    procedures under subsec. (b)(1) of this section.
      Subsec. (c)(4). Pub. L. 95-632, Sec. 11(3), added par. (4).
      Subsec. (f)(2)(A). Pub. L. 95-632, Sec. 11(4)(A), substituted
    "Except as provided in subparagraph (B), in" for "In".
      Subsec. (f)(2)(B), (C). Pub. L. 95-632, Sec. 11(4)(B), (C), added
    subpar. (B), redesignated former subpar. (B) as (C), and as so
    redesignated, substituted "Neither subparagraph (A) or (B)" for
    "Neither subparagraph (A)".
      Subsec. (f)(3). Pub. L. 95-632, Sec. 13, substituted "a summary
    by the Secretary of the data on which such regulation is based and
    shall show the relationship of such data to such regulations" for
    "a statement by the Secretary of the facts on which such regulation
    is based and the relationship of such facts to such regulation".
      Subsec. (f)(4), (5). Pub. L. 95-632, Sec. 11(4)(D), added pars.
    (4) and (5).
      Subsec. (g). Pub. L. 95-632, Sec. 11(5), added subsec. (g).
      1976 - Subsec. (f)(2)(B)(ii). Pub. L. 94-359 substituted
    "subsection (b)(1)(A)" for "subsection (b)(A), (B), and (C)".

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 2(b) of Pub. L. 97-304 provided that:
      "(1) Any petition filed under section 4(c)(2) of the Endangered
    Species Act of 1973 [subsec. (c)(2) of this section] (as in effect
    on the day before the date of the enactment of this Act [Oct. 13,
    1982]) and any regulation proposed under section 4(f) of such Act
    of 1973 [subsec. (f) of this section] (as in effect on such day)
    that is pending on such date of enactment [Oct. 13, 1982] shall be
    treated as having been filed or proposed on such date of enactment
    under section 4(b) of such Act of 1973 [subsec. (b) of this
    section] (as amended by subsection (a)); and the procedural
    requirements specified in such section 4(b) [subsec. (b) of this
    section] (as so amended) regarding such petition or proposed
    regulation shall be deemed to be complied with to the extent that
    like requirements under such section 4 [this section] (as in effect
    before the date of the enactment of this Act) were complied with
    before such date of enactment.
      "(2) Any regulation proposed after, or pending on, the date of
    the enactment of this Act [Oct. 13, 1982] to designate critical
    habitat for a species that was determined before such date of
    enactment to be endangered or threatened shall be subject to the
    procedures set forth in section 4 of such Act of 1973 [this
    section] (as amended by subsection (a)) for regulations proposing
    revisions to critical habitat instead of those for regulations
    proposing the designation of critical habitat.
      "(3) Any list of endangered species or threatened species (as in
    effect under section 4(c) of such Act of 1973 [subsec. (c) of this
    section] on the day before the date of the enactment of this Act
    [Oct. 13, 1982]) shall remain in effect unless and until
    determinations regarding species and designations and revisions of
    critical habitats that require changes to such list are made in
    accordance with subsection (b)(5) of such Act of 1973 [subsec.
    (b)(5) of this section] (as added by subsection (a)).
      "(4) Section 4(a)(3)(A) of such Act of 1973 [subsec. (a)(3)(A) of
    this section] (as added by subsection (a)) shall not apply with
    respect to any species which was listed as an endangered species or
    a threatened species before November 10, 1978."

-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) So in original. Probably should be paragraph "(7)".

    (!2) So in original. Probably should be paragraph "(7)".

-End-

-CITE-
    16 USC Sec. 1534                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1534. Land acquisition

-STATUTE-
    (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 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 U.S.C.
      742a et seq.], the Fish and Wildlife Coordination Act, as amended
      [16 U.S.C. 661 et seq.], and the Migratory Bird Conservation Act
      [16 U.S.C. 715 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 U.S.C. 460l-4 et seq.], may be
    used for the purpose of acquiring lands, waters, or interests
    therein under subsection (a) of this section.

-SOURCE-
    (Pub. L. 93-205, Sec. 5, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95-
    632, Sec. 12, Nov. 10, 1978, 92 Stat. 3766.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fish and Wildlife Act of 1956, as amended, referred to in
    subsec. (a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, as
    amended, which is classified generally to sections 742a to 742d and
    742e to 742j-2 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 742a of
    this title and Tables.
      The Fish and Wildlife Coordination Act, as amended, referred to
    in subsec. (a)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as
    amended, which is classified generally to sections 661 to 666c of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of this title and
    Tables.
      The Migratory Bird Conservation Act, referred to in subsec.
    (a)(1), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended,
    which is classified generally to subchapter III (Sec. 715 et seq.)
    of chapter 7 of this title. For complete classification of this Act
    to the Code, see section 715 of this title and Tables.
      The Land and Water Conservation Fund Act of 1965, as amended,
    referred to in subsec. (b), is Pub. L. 88-578, Sept. 3, 1964, 78
    Stat. 897, as amended, which is classified generally to part B
    (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 460l-4 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-632, among other changes in text
    preceding par. (1), inserted reference to the Secretary of
    Agriculture with respect to the National Forest System and
    substituted the establishment and implementation of a plan to
    conserve plants for the establishment and implementation of a plan
    to conserve plants which were concluded in Appendices to the
    Convention.

-End-

-CITE-
    16 USC Sec. 1535                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1535. Cooperation with States

-STATUTE-
    (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 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(d) of this title or
      section 1538(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(d) or section 1538(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(b)(3) of this title and recovered species
    pursuant to section 1533(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(d) and 1538(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 of
        title 5 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 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 6, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95-
    212, Dec. 19, 1977, 91 Stat. 1493; Pub. L. 95-632, Sec. 10, Nov.
    10, 1978, 92 Stat. 3762; Pub. L. 96-246, May 23, 1980, 94 Stat.
    348; Pub. L. 97-304, Secs. 3, 8(b), Oct. 13, 1982, 96 Stat. 1416,
    1426; Pub. L. 100-478, title I, Sec. 1005, Oct. 7, 1988, 102 Stat.
    2307.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Sport Fishing Restoration Account established under section
    1016 of the Act of July 18, 1984, referred to in subsec. (i)(1),
    probably means the Sport Fish Restoration Account established by
    section 9504(a)(2)(A) of Title 26, Internal Revenue Code, which
    section was enacted by section 1016(a) of Pub. L. 98-369, div. A,
    title X, July 18, 1984, 98 Stat. 1019.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d)(1). Pub. L. 100-478, Sec. 1005(a), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "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. The Secretary shall make an
    allocation of appropriated funds 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; and
        "(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.
    So much of any appropriated funds 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."
      Subsec. (i). Pub. L. 100-478, Sec. 1005(b), added subsec. (i).
      1982 - Subsec. (d)(2)(i). Pub. L. 97-304, Sec. 3(1), substituted
    "75 percent" for "66 2/3  per centum".
      Subsec. (d)(2)(ii). Pub. L. 97-304, Sec. 3(2), substituted "90
    percent" for "75 per centum".
      Subsec. (i). Pub. L. 97-304, Sec. 8(b), struck out subsec. (i)
    which authorized appropriations to carry out this section of
    $10,000,000 through the period ending Sept. 30, 1977, $12,000,000
    for the period Oct. 1, 1977, through Sept. 30, 1980, and
    $12,000,000 for the period Oct. 1, 1980, through Sept. 30, 1982.
    See section 1542(b) of this title.
      1980 - Subsec. (i). Pub. L. 96-246 in par. (2) substituted
    "$12,000,000" for "$16,000,000" and "1980" for "1981", and added
    par. (3).
      1978 - Subsec. (c). Pub. L. 95-632 designated existing provision
    as par. (1), and in par. (1) as so designated, redesignated pars.
    (1) to (5) as subpars. (A) to (E), respectively, and subpars. (A)
    and (B) of subpar. (E), as so redesignated, as cls. (i) and (ii),
    respectively, substituted "paragraph" for "subsection" in provision
    preceding subpar. (A), as so redesignated, "endangered or
    threatened species of fish or wildlife" for "endangered species or
    threatened species" in subpar. (D), as so redesignated,
    "subparagraphs (C), (D), and (E) of this paragraph" for "paragraphs
    (3), (4), and (5) of this subsection" in cl. (i) of subpar. (E), as
    so redesignated, "clause (i) and this clause" for "subparagraph (A)
    and this subparagraph" in cl. (ii) of subpar. (E), as so
    redesignated, and added par. (2).
      1977 - Subsec. (c). Pub. L. 95-212, Sec. 1(1), inserted
    provisions that States in which the State fish and wildlife
    agencies do not possess the broad authority to conserve all
    resident species of fish and wildlife which the Secretary
    determines to be threatened or endangered may nevertheless qualify
    for cooperative agreement funds if they satisfy all other
    requirements and have plans to devote immediate attention to those
    species most urgently in need of conservation programs.
      Subsec. (i). Pub. L. 95-212, Sec. 1(2), substituted provisions
    authorizing appropriations of $10,000,000 to cover the period
    ending Sept. 30, 1977, and $16,000,000 to cover the period
    beginning Oct. 1, 1977, and ending Sept. 30, 1981, for provisions
    authorizing appropriations of not to exceed $10,000,000 through the
    fiscal year ending June 30, 1977.

    COOPERATIVE AGREEMENTS WITH STATES UNAFFECTED BY 1981 AMENDMENT OF
                       MARINE MAMMAL PROTECTION ACT
      Nothing in the amendment of section 1379 of this title by section
    4(a) of Pub. L. 97-58 to be construed as affecting in any manner
    any cooperative agreement entered into by a State under subsec. (c)
    of this section before, on, or after Oct. 9, 1981, see section 4(b)
    of Pub. L. 97-58, set out as a note under section 1379 of this
    title.

-End-

-CITE-
    16 USC Sec. 1536                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1536. Interagency cooperation

-STATUTE-
    (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 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 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(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(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 U.S.C.
    4332).
      (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 of title 5.
      (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 U.S.C. 552a], 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 of title
    5.
      (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, 555, and 556 (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, 555, and 556 (other than
    subsection (b)(3) of section 556) 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
    of title 5.
      (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 U.S.C. 4321 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(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(13) of this title, may
    obtain judicial review, under chapter 7 of title 5, 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 of title 28. 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(d) and 1538(a)(1)(B) and (C) of
    this title, sections 1371 and 1372 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 U.S.C. 5121 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 U.S.C. 5171 or 5172], 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 7, Dec. 28, 1973, 87 Stat. 892; Pub. L. 95-
    632, Sec. 3, Nov. 10, 1978, 92 Stat. 3752; Pub. L. 96-159, Sec. 4,
    Dec. 28, 1979, 93 Stat. 1226; Pub. L. 97-304, Secs. 4(a), 8(b),
    Oct. 13, 1982, 96 Stat. 1417, 1426; Pub. L. 99-659, title IV, Sec.
    411(b), (c), Nov. 14, 1986, 100 Stat. 3741, 3742; Pub. L. 100-707,
    title I, Sec. 109(g), Nov. 23, 1988, 102 Stat. 4709.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Privacy Act, referred to in subsec. (e)(7)(C), is probably a
    reference to section 552a of Title 5, Government Organization and
    Employees. See Short Title note set out under section 552a of Title
    5.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (k), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Disaster Relief and Emergency Assistance Act, referred to in
    subsec. (p), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as
    amended, known as the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act, which is classified principally to
    chapter 68 (Sec. 5121 et seq.) of Title 42. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5121 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (p). Pub. L. 100-707 substituted "the Disaster
    Relief and Emergency Assistance Act" for "the Disaster Relief Act
    of 1974" and "section 405 or 406 of the Disaster Relief and
    Emergency Assistance Act" for "section 401 or 402 of the Disaster
    Relief Act of 1974".
      1986 - Subsec. (b)(4)(C). Pub. L. 99-659, Sec. 411(b)(1)-(3),
    added subpar. (C).
      Subsec. (b)(4)(iii), (iv). Pub. L. 99-659, Sec. 411(b)(4)-(6),
    added cl. (iii), redesignated former cl. (iii) as (iv), and in cl.
    (iv), as so redesignated, inserted reference to cl. (iii).
      Subsec. (o). Pub. L. 99-659, Sec. 411(c)(1), in introductory
    provisions, inserted ", sections 1371 and 1372 of this title,", and
    substituted "any" for "either" after "implement".
      Subsec. (o)(2). Pub. L. 99-659, Sec. 411(c)(2), substituted
    "subsection (b)(4)(iv)" for "subsection (b)(4)(iii)" and inserted
    "prohibited" before "taking of the species".
      1982 - Subsec. (a)(3), (4). Pub. L. 97-304, Sec. 4(a)(1), added
    par. (3) and redesignated former par. (3) as (4).
      Subsec. (b). Pub. L. 97-304, Sec. 4(a)(2), incorporated existing
    provisions into pars. (1)(A) and (3)(A) and added pars. (1)(B),
    (2), (3)(B), and (4).
      Subsec. (c)(1). Pub. L. 97-304, Sec. 4(a)(3), inserted ", 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" after "agency" in parenthetical
    provision.
      Subsec. (e)(10). Pub. L. 97-304, Sec. 4(a)(4), struck out
    provision that, except in the case of a member designated pursuant
    to paragraph (3)(G) of this subsection, no member could designate
    any person to serve as his or her representative unless that person
    was, at the time of such designation, holding a Federal office the
    appointment to which was subject to the advice and consent of the
    United States Senate.
      Subsec. (g)(1). Pub. L. 97-304, Sec. 4(a)(5)(B), substituted "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)" for "An application for an exemption shall be
    considered initially by a review board in the manner provided in
    this subsection, and shall be considered by the Endangered Species
    Committee for a final determination under subsection (h) of this
    section after a report is made by the review board".
      Subsec. (g)(2)(A). Pub. L. 97-304, Sec. 4(a)(5)(C)(i),
    substituted "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 "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; or,
    in the case of any agency action involving a permit or license
    applicant, not later than 90 days after the date on which the
    Federal agency concerned takes final agency action, for purposes of
    chapter 7 of title 5, with respect to the issuance of the permit or
    license" and inserted provision that, "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."
      Subsec. (g)(2)(B). Pub. L. 97-304, Sec. 4(a)(5)(C)(ii), inserted
    "(i)" after "the Secretary shall promptly", struck out "to the
    review board to be established under paragraph (3) and" after
    "individuals to be appointed" in cl. (i) as so designated, and
    added cl. (ii).
      Subsec. (g)(3). Pub. L. 97-304, Sec. 4(a)(5)(D), (E),
    redesignated par. (5) as (3) and substituted provisions directing
    the Secretary, 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, to (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), and providing that the denial
    of an application under subparagraph (B) shall be considered final
    agency action for purposes of chapter 7 of title 5, for provisions
    placing upon the review board appointed under former par. (3) the
    duty to make a full review of the consultation carried out under
    subsection (a)(2) of this section, and within 60 days after its
    appointment or within such longer time as was mutually agreed upon
    between the exemption applicant and the Secretary, to make a
    determination, by a majority vote, (A) whether an irresolvable
    conflict existed and (B) whether the Federal agency concerned and
    such exemption applicant had (i) carried out its consultation
    responsibilities as 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 of it by subsection (c) of this section, and
    (iii) refrained from making any irreversible or irretrievable
    commitment of resources prohibited by subsection (d) of this
    section, and providing that any determination by the review board
    that an irresolvable conflict did not exist or that the Federal
    agency concerned or the exemption applicant had not met its
    respective requirements under subclause (i), (ii), or (iii) was to
    be considered final agency action for purposes of chapter 7 of
    title 5. Former par. (3), providing for the establishment and
    functions of a review board to consider applications for exemptions
    and to submit reports to the Endangered Species Committee, was
    struck out.
      Subsec. (g)(4). Pub. L. 97-304, Sec. 4(a)(5)(D), (F),
    redesignated par. (6) as (4) and substituted "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, 555, and 556 (other than
    subsection (b)(1) and (2) thereof) of title 5 and prepare the
    report to be submitted pursuant to paragraph (5)" for "If the
    review board determines that an irresolvable conflict exists and
    makes positive determinations under subclauses (i), (ii), and (iii)
    of paragraph (5), it shall proceed to prepare the report to be
    submitted under paragraph (7)". Former par. (4), directing the
    Secretary to submit the application to the review board immediately
    after its appointment under paragraph (3), and to submit to the
    review board, in writing, his views and recommendations with
    respect to the application within 60 days after receiving a copy of
    any application under paragraph (2), was struck out.
      Subsec. (g)(5). Pub. L. 97-304, Sec. 4(a)(5)(G), redesignated
    par. (7) as (5) and substituted "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" for "Within 180 days after
    making the determinations under paragraph (6), the review board
    shall submit" in the provisions preceding subpar. (A), and added
    subpar. (D). Former par. (5) redesignated (3) and amended.
      Subsec. (g)(6). Pub. L. 97-304, Sec. 4(a)(5)(H), redesignated
    par. (8) as (6). Former par. (6) redesignated (4) and amended.
      Subsec. (g)(7). Pub. L. 97-304, Sec. 4(a)(5)(I), redesignated
    par. (10) as (7) and substituted "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" for "Upon request of a review board, the head of any
    Federal agency is authorized to detail, on a nonreimbursable basis,
    any of the personnel of such agency to the review board to assist
    it in carry out its duties under this section". Former par. (7)
    redesignated (5) and amended.
      Subsec. (g)(8). Pub. L. 97-304, Sec. 4(a)(5)(J), redesignated
    par. (12) as (8) and substituted "records resulting from activities
    pursuant to this subsection" for "records of review boards". Former
    par. (8) redesignated (6).
      Subsec. (g)(9). Pub. L. 97-304, Sec. 4(a)(5)(D), struck out par.
    (9) which had provided that the review board, in carrying out its
    duties, could (A) sit and act at such times and places, take such
    testimony, and receive such evidence, as the review board deemed
    advisable, (B) subject to the Privacy Act of 1974 [5 U.S.C. 552a],
    request of any Federal agency or applicant information necessary to
    enable it to carry out such duties, and upon such request the head
    of such Federal agency would furnish such information to the review
    board, and (C) use the United States mails in the same manner and
    upon the same conditions as a Federal agency.
      Subsec. (g)(10). Pub. L. 97-304, Sec. 4(a)(5)(I), redesignated
    par. (10) as (7).
      Subsec. (g)(11). Pub. L. 97-304, Sec. 4(a)(5)(D), struck out par.
    (11) which had provided that the Administrator of the General
    Services Administration provide to a review board, on a
    reimbursable basis, such administrative support services as the
    review board requested.
      Subsec. (g)(12). Pub. L. 97-304, Sec. 4(a)(5)(J), redesignated
    par. (12) as (8).
      Subsec. (h)(1). Pub. L. 97-304, Sec. 4(a)(6), substituted "within
    30 days after receiving the report of the Secretary pursuant to
    subsection (g)(5) of this section" for "within 90 days of receiving
    the report of the review board under subsection (g)(7) of this
    section" in provisions preceding subpar. (A), substituted "report
    of the Secretary, the record of the hearing held under subsection
    (g)(4) of this section and on such other testimony" for "report of
    the review board and on such other testimony" in subpar. (A)
    preceding cl. (i), and added cl. (iv).
      Subsec. (o). Pub. L. 97-304, Sec. 4(a)(7), substituted
    "Notwithstanding sections 1533(d) and 1538(a)(1)(B) and (C) of this
    title or any regulation promulgated to implement either 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)(iii) of this section shall not be considered to be a taking
    of the species concerned" for "Notwithstanding sections 1533(d) and
    1538(a) of this title or any regulations promulgated pursuant to
    such sections, any action for which an exemption is granted under
    subsection (h) of this section shall not be considered a taking of
    any endangered or threatened species with respect to any activity
    which is necessary to carry out such action".
      Subsec. (q). Pub. L. 97-304, Sec. 8(b), struck out subsec. (q)
    which authorized appropriations of $600,000 for each of fiscal
    years 1979, 1980, 1981, and 1982 in carrying out functions under
    subsecs. (e), (f), (g), and (h) of this section. See section
    1542(c) of this title.
      1979 - Subsec. (a). Pub. L. 96-159, Sec. 4(1), designated
    existing provisions as par. (1); struck out third sentence
    requirement that each Federal agency, in consultation with and with
    the assistance of the Secretary, insure that any action authorized,
    funded, or carried out by such agency (referred to as "agency
    action") did not 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 was determined by the Secretary, after consultation as
    appropriate with the affected States, to be critical, unless the
    agency was granted an exemption for such action by the Committee
    pursuant to subsec. (h) of this section; and added pars. (2) and
    (3), incorporating former third sentence provisions.
      Subsec. (b). Pub. L. 96-159, Sec. 4(2), (3), substituted "he
    believes would not violate subsection (a)(2) of this section and"
    for "he believes would avoid jeopardizing the continued existence
    of any endangered or threatened species or adversely modifying the
    critical habitat of such species, and which" before "can be taken"
    and introductory "subsection (a)(2) of this section" for
    "subsection (a) of this section".
      Subsec. (c). Pub. L. 96-159, Sec. 4(3), (4), substituted
    "subsection (a)(2)" for "subsec. (a)" of this section, designated
    existing provisions as so amended par. (1), and added par. (2).
      Subsec. (d). Pub. L. 96-159, Sec. 4(3), (5), substituted
    introductory words "subsection (a)(2)" for "subsection (a)" of this
    section and "alternative measures which would not violate
    subsection (a)(2) of this section" for "alternative measures which
    would avoid jeopardizing the continued existence of any endangered
    or threatened species or adversely modifying or destroying the
    critical habitat of any such species".
      Subsecs. (e)(2), (f). Pub. L. 96-159, Sec. 4(3), substituted
    "subsection (a)(2)" for "subsection (a)".
      Subsec. (g)(1). Pub. L. 96-159, Sec. 4(3), (6), substituted in
    first sentence "subsection (a)(2)" for "subsection (a)" of this
    section and "agency action would violate subsection (a)(2) of this
    section" for "agency action may jeopardize the continued existence
    of any endangered or threatened species or destroy or adversely
    modify the critical habitat of such species".
      Subsec. (g)(2)(A). Pub. L. 96-159, Sec. 4(7), required exemption
    applicant, to submit a written application, in the case of any
    agency action involving a permit or license applicant, not later
    than 90 days after the date on which the Federal agency concerned
    takes final agency action, for purposes of chapter 7 of Title 5,
    with respect to the issuance of the permit or license.
      Subsec. (g)(3). Pub. L. 96-159, Sec. 4(8), added subpar. (B), and
    redesignated former subpar. (B) as (C).
      Subsec. (g)(5). Pub. L. 96-159, Sec. 4(3), (9), substituted in
    introductory text and cl. (i) "subsection (a)(2)" for "subsection
    (a)" of this section; redesignated as cls. (A) and (B) former cls.
    (i) and (ii); inserted in cl. (B) "the Federal agency concerned
    and" before "such exemption applicant"; redesignated as subcls. (i)
    to (iii) former subcls. (A) to (C); substituted in subcl. (i)
    "agency action which would not violate subsection (a)(2) of this
    section" for "agency action which will avoid jeopardizing the
    continued existence of an endangered or threatened species or
    result in the adverse modification or destruction of a critical
    habitat"; and substituted in last sentence "the Federal agency
    concerned or the exemption applicant has not met its respective
    requirements under subclause (i), (ii), or (iii)" for "the
    exemption applicant has not met the requirements of subparagraph
    (A), (B), or (C)" preceding "shall be considered final agency
    action".
      Subsec. (g)(6). Pub. L. 96-159, Sec. 4(10), substituted
    "subclauses (i), (ii), and (iii)" for "subparagraphs (A), (B), and
    (C)" of paragraph (5).
      Subsec. (h)(1). Pub. L. 96-159, Sec. 4(3), substituted
    "subsection (a)(2)" for "subsection (a)" of this section.
      Subsec. (h)(2). Pub. L. 96-159, Sec. 4(11), in subpar. (A),
    substituted "paragraph (1)" for "subsection (h) of this section",
    inserted cl. (i), incorporated existing provisions in text
    designated cl. (ii), inserting thereto "with respect to such agency
    action"; in subpar. (B), incorporated existing provision in cl.
    (i), inserted findings provision respecting the extinction of a
    species that was not: the subject of consultation or identified in
    any biological assessment under subsec. (a)(2) or (c) of this
    section, added cl. (ii), deleted prior requirement for a Committee
    determination within 30 days of the Secretary's finding that an
    exemption would result in extinction of the species whether to
    grant an exemption for the agency notwithstanding such finding, and
    superseded the same with requirement that the Committee meet with
    respect to the matter within 30 days after the date of such a
    finding.
      Subsec. (m). Pub. L. 96-159, Sec. 4(3), substituted "subsection
    (a)(2)" for "subsection (a)" of this section.
      Subsec. (q). Pub. L. 96-159, Sec. 4(12), authorized
    appropriations of $600,000 for fiscal years 1980 through 1982, and
    deleted appropriations authorization of $300,000 for period
    beginning Oct. 1, 1979, and ending Mar. 3, 1980, and requirement
    that the Chairman of the Committee report to the Congress before
    end of fiscal year 1979 with respect to adequacy of the budget
    authority.
      1978 - Subsec. (a). Pub. L. 95-632 designated existing provision
    as subsec. (a), inserted reference to agency action, substituted
    "adverse modification" for "modification", and provided for the
    grant of an exemption for agency action by the Endangered Species
    Committee pursuant to subsec. (h) of this section.
      Subsecs. (b) to (q). Pub. L. 95-632 added subsecs. (b) to (q).

                         DEFERRAL OF AGENCY ACTION                     
      Pub. L. 105-18, title II, Sec. 3003, June 12, 1997, 111 Stat.
    176, provided that:
      "(a) Consultation and Conferencing. - As provided by regulations
    issued under the Endangered Species Act (16 U.S.C. 1531 et seq.)
    for emergency situations, formal consultation or conferencing under
    section 7(a)(2) or section 7(a)(4) of the Act [16 U.S.C.
    1536(a)(2), (4)] for any action authorized, funded or carried out
    by any Federal agency to repair a Federal or non-Federal flood
    control project, facility or structure may be deferred by the
    Federal agency authorizing, funding or carrying out the action, if
    the agency determines that the repair is needed to respond to an
    emergency causing an imminent threat to human lives and property in
    1996 or 1997. Formal consultation or conferencing shall be deferred
    until the imminent threat to human lives and property has been
    abated. For purposes of this section, the term repair shall include
    preventive and remedial measures to restore the project, facility
    or structure to remove an imminent threat to human lives and
    property.
      "(b) Reasonable and Prudent Measures. - Any reasonable and
    prudent measures specified under section 7 of the Endangered
    Species Act (16 U.S.C. 1536) to minimize the impact of an action
    taken under this section shall be related both in nature and extent
    to the effect of the action taken to repair the flood control
    project, facility or structure."

                  TRANSLOCATION OF CALIFORNIA SEA OTTERS              
      Pub. L. 99-625, Sec. 1, Nov. 7, 1986, 100 Stat. 3500, provided
    that:
      "(a) Definitions. - For purposes of this section - 
        "(1) The term 'Act' means the Endangered Species Act of 1973
      (16 U.S.C. 1531 et seq.).
        "(2) The term 'agency action' has the meaning given that term
      in section 7(a)(2) of the Act [16 U.S.C. 1536(a)(2)].
        "(3) The term 'experimental population' means the population of
      sea otters provided for under a plan developed under subsection
      (b).
        "(4) The phrase 'parent population' means the population of sea
      otters existing in California on the date on which proposed
      regulations setting forth a proposed plan under subsection (b)
      are issued.
        "(5) The phrase 'prospective action' refers to any prospective
      agency action that - 
          "(A) may affect either the experimental population or the
        parent population; and
          "(B) has evolved to the point where meaningful consultation
        under section 7(a)(2) or (3) of the Act [16 U.S.C. 1536(a)(2),
        (3)] can take place.
        "(6) The term 'Secretary' means the Secretary of the Interior.
        "(7) The term 'Service' means the United States Fish and
      Wildlife Service.
      "(b) Plan Specifications. - The Secretary may develop and
    implement, in accordance with this section, a plan for the
    relocation and management of a population of California sea otters
    from the existing range of the parent population to another
    location. The plan, which must be developed by regulation and
    administered by the Service in cooperation with the appropriate
    State agency, shall include the following:
        "(1) The number, age, and sex of sea otters proposed to be
      relocated.
        "(2) The manner in which the sea otters will be captured,
      translocated, released, monitored, and protected.
        "(3) The specification of a zone (hereinafter referred to as
      the 'translocation zone') to which the experimental population
      will be relocated. The zone must have appropriate characteristics
      for furthering the conservation of the species.
        "(4) The specification of a zone (hereinafter referred to as
      the 'management zone') that - 
          "(A) surrounds the translocation zone; and
          "(B) does not include the existing range of the parent
        population or adjacent range where expansion is necessary for
        the recovery of the species.
      The purpose of the management zone is to (i) facilitate the
      management of sea otters and the containment of the experimental
      population within the translocation zone, and (ii) to prevent, to
      the maximum extent feasible, conflict with other fishery
      resources within the management zone by the experimental
      population. Any sea otter found within the management zone shall
      be treated as a member of the experimental population. The
      Service shall use all feasible non-lethal means and measures to
      capture any sea otter found within the management zone and return
      it to either the translocation zone or to the range of the parent
      population.
        "(5) Measures, including an adequate funding mechanism, to
      isolate and contain the experimental population.
        "(6) A description of the relationship of the implementation of
      the plan to the status of the species under the Act and to
      determinations of the Secretary under section 7 of the Act [16
      U.S.C. 1536].
      "(c) Status of Members of the Experimental Population. - (1) Any
    member of the experimental population shall be treated while within
    the translocation zone as a threatened species for purposes of the
    Act, except that - 
        "(A) section 7 of the Act [16 U.S.C. 1536] shall only apply to
      agency actions that - 
          "(i) are undertaken within the translocation zone,
          "(ii) are not defense-related agency actions, and
          "(iii) are initiated after the date of the enactment of this
        section [Nov. 7, 1986]; and
        "(B) with respect to defense-related actions within the
      translocation zone, members of the experimental population shall
      be treated as members of a species that is proposed to be listed
      under section 4 of the Act [16 U.S.C. 1533].
    For purposes of this paragraph, the term 'defense-related agency
    action' means an agency action proposed to be carried out directly
    by a military department.
      "(2) For purposes of section 7 of the Act [16 U.S.C. 1536], any
    member of the experimental population shall be treated while within
    the management zone as a member of a species that is proposed to be
    listed under section 4 of the Act [16 U.S.C. 1533]. Section 9 of
    the Act [16 U.S.C. 1538] applies to members of the experimental
    population; except that any incidental taking of such a member
    during the course of an otherwise lawful activity within the
    management zone, may not be treated as a violation of the Act or
    the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.].
      "(d) Implementation of Plan. - The Secretary shall implement the
    plan developed under subsection (b) - 
        "(1) after the Secretary provides an opinion under section 7(b)
      of the Act [16 U.S.C. 1536(b)] regarding each prospective action
      for which consultation was initiated by a Federal agency or
      requested by a prospective permit or license applicant before
      April 1, 1986; or
        "(2) if no consultation under section 7(a)(2) or (3) regarding
      any prospective action is initiated or requested by April 1,
      1986, at any time after that date.
      "(e) Consultation and Effect of Opinion. - A Federal agency shall
    promptly consult with the Secretary, under section 7(a)(3) of the
    Act [16 U.S.C. 1536(a)(3)], at the request of, and in cooperation
    with, any permit or license applicant regarding any prospective
    action. The time limitations applicable to consultations under
    section 7(a)(2) of the Act apply to consultations under the
    preceding sentence. In applying section 7(b)(3)(B) with respect to
    an opinion on a prospective action that is provided after
    consultation under section 7(a)(3), that opinion shall be treated
    as the opinion issued after consultation under section 7(a)(2)
    unless the Secretary finds, after notice and opportunity for
    comment in accordance with section 553 of title 5, United States
    Code, that a significant change has been made with respect to the
    action or that a significant change has occurred regarding the
    information used during the initial consultation. The interested
    party may petition the Secretary to make a finding under the
    preceding sentence. The Secretary may implement any reasonable and
    prudent alternatives specified in any opinion referred to in this
    subsection through appropriate agreements with any such Federal
    agency, prospective permit or license applicant, or other
    interested party.
      "(f) Construction. - For purposes of implementing the plan, no
    act by the Service, an authorized State agency, or an authorized
    agent of the Service or such an agency with respect to a sea otter
    that is necessary to effect the relocation or management of any sea
    otter under the plan may be treated as a violation of any provision
    of the Act or the Marine Mammal Protection Act of 1972 (16 U.S.C.
    1361 et seq.)."

-End-

-CITE-
    16 USC Sec. 1537                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1537. International cooperation

-STATUTE-
    (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 of
    title 31, use foreign currencies accruing to the United States
    Government under the Agricultural Trade Development and Assistance
    Act of 1954 [7 U.S.C. 1691 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 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 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 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 8, Dec. 28, 1973, 87 Stat. 892; Pub. L. 96-
    159, Sec. 5, Dec. 28, 1979, 93 Stat. 1228.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
    454, as amended, which is classified generally to chapter 41 (Sec.
    1691 et seq.) of Title 7, Agriculture. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1691 of Title 7 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 1306 of title 31" substituted for
    "section 1415 of the Supplemental Appropriation Act, 1953 (31
    U.S.C. 724)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.

-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (b)(1). Pub. L. 96-159, Sec. 5(1), encouraged
    conservation of plants.
      Subsec. (b)(3). Pub. L. 96-159, Sec. 5(2), encouraged
    conservation practices for enhancement of plants taken for
    importation into the United States.
      Subsec. (c)(1). Pub. L. 96-159, Sec. 5(3), made personnel
    available for plant conservation.
      Subsec. (e). Pub. L. 96-159, Sec. 5(4), struck out subsec. (e)
    relating to Convention implementation.

            CONSERVATION OF SEA TURTLES; IMPORTATION OF SHRIMP        
      Pub. L. 101-162, title VI, Sec. 609, Nov. 21, 1989, 103 Stat.
    1037, provided that:
      "(a) The Secretary of State, in consultation with the Secretary
    of Commerce, shall, with respect to those species of sea turtles
    the conservation of which is the subject of regulations promulgated
    by the Secretary of Commerce on June 29, 1987 - 
        "(1) initiate negotiations as soon as possible for the
      development of bilateral or multilateral agreements with other
      nations for the protection and conservation of such species of
      sea turtles;
        "(2) initiate negotiations as soon as possible with all foreign
      governments which are engaged in, or which have persons or
      companies engaged in, commercial fishing operations which, as
      determined by the Secretary of Commerce, may affect adversely
      such species of sea turtles, for the purpose of entering into
      bilateral and multilateral treaties with such countries to
      protect such species of sea turtles;
        "(3) encourage such other agreements to promote the purposes of
      this section with other nations for the protection of specific
      ocean and land regions which are of special significance to the
      health and stability of such species of sea turtles;
        "(4) initiate the amendment of any existing international
      treaty for the protection and conservation of such species of sea
      turtles to which the United States is a party in order to make
      such treaty consistent with the purposes and policies of this
      section; and
        "(5) provide to the Congress by not later than one year after
      the date of enactment of this section [Nov. 21, 1989] - 
          "(A) a list of each nation which conducts commercial shrimp
        fishing operations within the geographic range of distribution
        of such sea turtles;
          "(B) a list of each nation which conducts commercial shrimp
        fishing operations which may affect adversely such species of
        sea turtles; and
          "(C) a full report on - 
            "(i) the results of his efforts under this section; and
            "(ii) the status of measures taken by each nation listed
          pursuant to paragraph (A) or (B) to protect and conserve such
          sea turtles.
      "(b)(1) In General. - The importation of shrimp or products from
    shrimp which have been harvested with commercial fishing technology
    which may affect adversely such species of sea turtles shall be
    prohibited not later than May 1, 1991, except as provided in
    paragraph (2).
      "(2) Certification Procedure. - The ban on importation of shrimp
    or products from shrimp pursuant to paragraph (1) shall not apply
    if the President shall determine and certify to the Congress not
    later than May 1, 1991, and annually thereafter that - 
        "(A) the government of the harvesting nation has provided
      documentary evidence of the adoption of a regulatory program
      governing the incidental taking of such sea turtles in the course
      of such harvesting that is comparable to that of the United
      States; and
        "(B) the average rate of that incidental taking by the vessels
      of the harvesting nation is comparable to the average rate of
      incidental taking of sea turtles by United States vessels in the
      course of such harvesting; or
        "(C) the particular fishing environment of the harvesting
      nation does not pose a threat of the incidental taking of such
      sea turtles in the course of such harvesting."

-EXEC-
                         EXECUTIVE ORDER NO. 11911                     
      Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided
    that for purposes of the Convention on International Trade in
    Endangered Species of Wild Fauna and Flora the Secretary of the
    Interior be designated as the Management Authority and established
    the Endangered Species Scientific Authority as the Scientific
    Authority, with the Secretary of the Interior designated to act on
    behalf of the United States in all regards as required by the
    Convention on Nature Protection and Wildlife Preservation in the
    Western Hemisphere, was revoked by Ex. Ord. No. 12608, Sept. 9,
    1987, 52 F.R. 34617.

       DELEGATION OF AUTHORITY REGARDING CERTIFICATION OF COUNTRIES
                     EXPORTING SHRIMP TO UNITED STATES
      Memorandum of the President of the United States, Dec. 19, 1990,
    56 F.R. 357, provided:
      Memorandum for the Secretary of State
      By virtue of the authority vested in me by the Constitution and
    laws of the United States of America, including section 609 of the
    Departments of Commerce, Justice, and State, the Judiciary, and
    Related Agencies Appropriations Act, 1990 (Public Law 101-162) [set
    out above], and section 301 of title 3 of the United States Code, I
    hereby delegate to the Secretary of State the functions vested in
    me by section 609(b) of that Act. The authority delegated by this
    memorandum may be further redelegated within the Department of
    State.
      The Secretary of State is authorized and directed to publish this
    memorandum in the Federal Register.
                                                            George Bush.

-End-

-CITE-
    16 USC Sec. 1537a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1537a. Convention implementation

-STATUTE-
    (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,
    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.

-SOURCE-
    (Pub. L. 93-205, Sec. 8A, as added Pub. L. 96-159, Sec. 6(a)(1),
    Dec. 28, 1979, 93 Stat. 1228; amended Pub. L. 97-304, Sec. 5[(a)],
    Oct. 13, 1983, 96 Stat. 1421.)

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (c). Pub. L. 97-304, Sec. 5[(a)](1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d). Pub. L. 97-304, Sec. 5[(a)](2), substituted
    provisions relating to reservations by the United States under the
    Convention for provisions which had established an International
    Convention Advisory Commission and had provided for its membership,
    staffing, and operation.
      Subsec. (e). Pub. L. 97-304, Sec. 5[(a)](3), substituted
    provisions implementing the Convention on Nature Protection and
    Wildlife Preservation in the Western Hemisphere for provisions
    which had provided that the President shall designate those
    agencies of the Federal Government that 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.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 5(b) of Pub. L. 97-304 provided that: "The amendment made
    by paragraph (1) of subsection (a) [amending this section] shall
    take effect January 1, 1981."

-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
      ENDANGERED SPECIES SCIENTIFIC AUTHORITY; INTERIM PERFORMANCE OF
                          FUNCTIONS OF COMMISSION
      Section 6(b) of Pub. L. 96-159 provided that until such time as
    the Chairman, Members, and Executive Secretary of the International
    Convention Advisory Commission are appointed, but not later than 90
    days after Dec. 28, 1979, the functions of the Commission be
    carried out by the Endangered Species Scientific Authority as
    established by Ex. Ord. No. 11911, formerly set out as a note under
    section 1537 of this title, with staff and administrative support
    being provided by the Secretary of the Interior as set forth in
    that Executive Order.

-End-

-CITE-
    16 USC Sec. 1538                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1538. Prohibited acts

-STATUTE-
    (a) Generally
      (1) Except as provided in sections 1535(g)(2) and 1539 of this
    title, with respect to any endangered species of fish or wildlife
    listed pursuant to section 1533 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 of this title and promulgated by the Secretary pursuant to
      authority provided by this chapter.

      (2) Except as provided in sections 1535(g)(2) and 1539 of this
    title, with respect to any endangered species of plants listed
    pursuant to section 1533 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 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 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 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 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 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 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 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(d) (!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.

-SOURCE-
    (Pub. L. 93-205, Sec. 9, Dec. 28, 1973, 87 Stat. 893; Pub. L. 95-
    632, Sec. 4, Nov. 10, 1978, 92 Stat. 3760; Pub. L. 97-304, Sec.
    9(b), Oct. 13, 1982, 96 Stat. 1426; Pub. L. 100-478, title I, Sec.
    1006, title II, Sec. 2301, Oct. 7, 1988, 102 Stat. 2308, 2321; Pub.
    L. 100-653, title IX, Sec. 905, Nov. 14, 1988, 102 Stat. 3835.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 668cc-4 of this title, referred to in subsec. (f)(2), was
    repealed by Pub. L. 93-205, Sec. 14, Dec. 28, 1973, 87 Stat. 903.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(2)(B). Pub. L. 100-478, Sec. 1006, amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "remove and reduce to possession any such species from
    areas under Federal jurisdiction;".
      Subsec. (d). Pub. L. 100-478, Sec. 2301, amended subsec. (d)
    generally, revising and restating as pars. (1) to (4) provisions of
    former pars. (1) to (3).
      Subsec. (d)(1)(A). Pub. L. 100-653 inserted "or plants" after
    "purposes)".
      1982 - Subsec. (a)(2)(B) to (E). Pub. L. 97-304, Sec. 9(b)(1),
    added subpar. (B) and redesignated former subpars. (B), (C), and
    (D) as (C), (D), and (E), respectively.
      Subsec. (b)(1). Pub. L. 97-304, Sec. 9(b)(2), substituted "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 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 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"
    for "The provisions of this section shall not apply to any fish or
    wildlife held in captivity or in a controlled environment on
    December 28, 1973, if the purposes of such holding are not contrary
    to the purposes of this chapter; except that this subsection shall
    not apply in the case of any fish or wildlife held in the course of
    a commercial activity. With respect to any act prohibited by this
    section which occurs after a period of 180 days from December 28,
    1973, there shall be a rebuttable presumption that the fish or
    wildlife involved in such act was not held in captivity or in a
    controlled environment on December 28, 1973".
      Subsec. (b)(2)(A). Pub. L. 97-304, Sec. 9(b)(3), substituted "The
    provisions of subsection (a)(1) of this section shall not apply to"
    for "This section shall not apply to" in provisions preceding cl.
    (i).
      1978 - Subsec. (b). Pub. L. 95-632 designated existing provision
    as par. (1) and added par. (2).

                HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES            
      Pub. L. 103-238, Sec. 17, Apr. 30, 1994, 108 Stat. 559, provided
    that:
      "(a) Lawful Approaches. - In waters of the United States
    surrounding the State of Hawaii, it is lawful for a person subject
    to the jurisdiction of the United States to approach, by any means
    other than an aircraft, no closer than 100 yards to a humpback
    whale, regardless of whether the approach is made in waters
    designated under section 222.31 of title 50, Code of Federal
    Regulations, as cow/calf waters.
      "(b) Termination of Legal Effect of Certain Regulations. -
    Subsection (b) of section 222.31 of title 50, Code of Federal
    Regulations, shall cease to be in force and effect."

-EXEC-
                     TERRITORIAL SEA OF UNITED STATES                 
      For extension of territorial sea of United States, see Proc. No.
    5928, set out as a note under section 1331 of Title 43, Public
    Lands.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    16 USC Sec. 1539                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1539. Exceptions

-STATUTE-
    (a) Permits
      (1) The Secretary may permit, under such terms and conditions as
    he shall prescribe - 
        (A) any act otherwise prohibited by section 1538 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(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 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(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 (!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 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 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(a)(1)(A) of this title.
        (B) Any prohibition set forth in section 1538(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(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(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(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(a) of this
      title prior to July 12, 1976; or
        (B) immunize any person from prosecution for any such act.

      (8)(A)(i) (!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 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(d) and 1538(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 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 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 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 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 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 10, Dec. 28, 1973, 87 Stat. 896; Pub. L. 94-
    359, Secs. 2, 3, July 12, 1976, 90 Stat. 911, 912; Pub. L. 95-632,
    Sec. 5, Nov. 10, 1978, 92 Stat. 3760; Pub. L. 96-159, Sec. 7, Dec.
    28, 1979, 93 Stat. 1230; Pub. L. 97-304, Sec. 6(1)-(4)(A), (5),
    (6), Oct. 13, 1982, 96 Stat. 1422-1424; Pub. L. 100-478, title I,
    Secs. 1011, 1013(b), (c), Oct. 7, 1988, 102 Stat. 2314, 2315.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 668cc-3 of this title, referred to in subsec. (b), was
    repealed by Pub. L. 93-205, Sec. 14, Dec. 28, 1973, 87 Stat. 903.
      Subsec. (f) of section 1533 of this title, referred to in subsec.
    (f)(5), which related to promulgation of regulations by the
    Secretary was struck out, and subsec. (g) of section 1533 of this
    title, was redesignated as subsec. (f), by Pub. L. 97-304, Sec.
    2(a)(4)(B), (C), Oct. 13, 1982, 96 Stat. 1415. For provisions
    relating to promulgation of regulations, see subsecs. (b) and (h)
    of section 1533 of this title.
      Effective date of this subsection, referred to in subsec.
    (f)(6)(A), probably means the date of enactment of subsec. (f) by
    section 2 of Pub. L. 94-359, July 12, 1976.
      October 7, 1988, referred to in subsec. (f)(8)(A), was in the
    original "the date of enactment of the Endangered Species Act
    Amendments of 1988" and "the date of such enactment" which were
    translated as meaning the date of enactment of title I of Pub. L.
    100-478 which is entitled "Endangered Species Act Amendments of
    1988" and which was approved Oct. 7, 1988.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-478, Sec. 1013(b), substituted
    "notice, of" for "notice," in second sentence.
      Subsec. (e)(3)(ii). Pub. L. 100-478, Sec. 1013(c), substituted
    "lacing," for "lacking,".
      Subsec. (f)(8)(A). Pub. L. 100-478, Sec. 1011(a), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "Any person to whom a certificate of exemption has been issued
    under paragraph (4) of this subsection may apply to the Secretary
    for a renewal of such exemption for a period not to exceed three
    years beginning on the expiration date of such certificate. Such
    application shall be made in the same manner as the application for
    exemption was made under paragraph (3), but without regard to
    subparagraph (A) of such paragraph."
      Subsec. (f)(8)(B). Pub. L. 100-478, Sec. 1011(b), substituted
    "previous" for "original".
      Subsec. (f)(8)(D). Pub. L. 100-478, Sec. 1011(c), added subpar.
    (D).
      Subsec. (f)(9). Pub. L. 100-478, Sec. 1011(d), struck out par.
    (9) which provided for comprehensive review by Secretary of
    effectiveness of regulations prescribed pursuant to subsec. (f)(5)
    of this section.
      1982 - Subsec. (a). Pub. L. 97-304, Sec. 6(1), designated as par.
    (1) and the beginning phrase of subpar. (A) thereof the existing
    provisions consisting of language authorizing the Secretary to
    permit, under such terms and conditions as he may prescribe, any
    act otherwise prohibited by section 1538 of this title for
    scientific purposes or to enhance the propagation or survival of
    the affected species, and inserted remainder of par. (1)(A) and
    pars. (1)(B) and (2).
      Subsec. (d). Pub. L. 97-304, Sec. 6(2), substituted "subsections
    (a)(1)(A) and (b) of this section" for "subsections (a) and (b) of
    this section".
      Subsec. (f)(1)(B). Pub. L. 97-304, Sec. 6(3)(A), substituted
    "involves the substantial etching or engraving of designs upon, or
    the substantial carving of figures" for "involves the etching or
    engraving of designs upon, or the carving of figures" and inserted
    provision that, for purposes of this subsection, polishing or the
    adding of minor superficial markings does not constitute
    substantial etching, engraving, or carving.
      Subsec. (f)(9). Pub. L. 97-304, Sec. 6(3)(B), added par. (9).
      Subsec. (h)(1). Pub. L. 97-304, Sec. 6(4)(A), struck out "(other
    than scrimshaw)" after "do not apply to any article" in provisions
    preceding subpar. (A) and in subpar. (A) substituted "is not less
    than 100 years of age" for "was made before 1830".
      Subsec. (i). Pub. L. 97-304, Sec. 6(5), substituted provisions
    covering noncommercial transshipments of fish or wildlife for
    provisions that had related to exemptions from the provisions of
    this title of the Tellico Dam and Reservoir Project and the
    Grayrocks Dam and Reservoir Project and to the operation of the
    Missouri Basin Power Project.
      Subsec. (j). Pub. L. 97-304, Sec. 6(6), added subsec. (j).
      1979 - Subsec. (f)(4)(C). Pub. L. 96-159, Sec. 7(1), inserted
    "unless such exemption is renewed under paragraph (8)" after
    "issuance of the certificate".
      Subsec. (f)(8). Pub. L. 96-159, Sec. 7(2), added par. (8).
      1978 - Subsecs. (h), (i). Pub. L. 95-632 added subsecs. (h) and
    (i).
      1976 - Subsec. (c). Pub. L. 94-359, Sec. 3, substituted "section"
    for "subsection" and inserted "; 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." after "every stage of the proceeding".
      Subsecs. (f), (g). Pub. L. 94-359, Sec. 2, added subsecs. (f) and
    (g).

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 6(4)(B) of Pub. L. 97-304 provided that: "The amendment
    made by subparagraph (A) [amending this section] shall take effect
    January 1, 1981."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-MISC2-
                           SCRIMSHAW EXEMPTIONS                       
      Pub. L. 103-238, Sec. 18, Apr. 30, 1994, 108 Stat. 559, provided
    that: "Notwithstanding any other provision of law, any valid
    certificate of exemption renewed by the Secretary (or deemed to be
    renewed) under section 10(f)(8) of the Endangered Species Act of
    1973 (16 U.S.C. 1539(f)(8)) for any person holding such a
    certificate with respect to the possession of pre-Act finished
    scrimshaw products or raw material for such products shall remain
    valid for a period not to exceed 5 years beginning on the date of
    enactment of this Act [Apr. 30, 1994]."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. No cl. (ii) has been enacted.

-End-

-CITE-
    16 USC Sec. 1540                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1540. Penalties and enforcement

-STATUTE-
    (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 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 of title 5. 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 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 of title 28, 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(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(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(g)(2)(B)(ii) of this title, the prohibitions set forth in or
      authorized pursuant to section 1533(d) or 1538(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 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(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(f) of title 21) and section 306 (!1) of the Tariff Act
    of 1930 (19 U.S.C. 1306). 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 U.S.C. 1202 et seq.], including, without
    limitation, section 527 of that Act (19 U.S.C. 1527), 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.

-SOURCE-
    (Pub. L. 93-205, Sec. 11, Dec. 28, 1973, 87 Stat. 897; Pub. L. 94-
    359, Sec. 4, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, Secs. 6-
    8, Nov. 10, 1978, 92 Stat. 3761, 3762; Pub. L. 97-79, Sec. 9(e),
    Nov. 16, 1981, 95 Stat. 1079; Pub. L. 97-304, Secs. 7, 9(c), Oct.
    13, 1982, 96 Stat. 1425, 1427; Pub. L. 98-327, Sec. 4, June 25,
    1984, 98 Stat. 271; Pub. L. 100-478, title I, Sec. 1007, Oct. 7,
    1988, 102 Stat. 2309; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
    1990, 104 Stat. 5117; Pub. L. 107-171, title X, Sec. 10418(b)(3),
    May 13, 2002, 116 Stat. 508.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1), (3), (b)-(f),
    (g)(1)(A), and (h), was in the original "this Act", meaning Pub. L.
    93-205, Dec. 28, 1973, 81 Stat. 884, as amended, known as the
    "Endangered Species Act of 1973", which is classified principally
    to this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 1531 of this title
    and Tables.
      The customs laws, referred to in subsec. (e)(5), are classified
    generally to Title 19, Customs Duties.
      The amendments made by this chapter, referred to in subsec. (h),
    refer to the amendments made by Pub. L. 93-205, which amended
    sections 460k-1, 460l-9, 668dd, 715i, 715s, 1362, 1371, 1372, and
    1402 of this title and section 136 of Title 7, Agriculture, and
    repealed sections 668aa to 668cc-6 of this title.
      The Tariff Act of 1930, referred to in subsec. (h), is act June
    17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified
    generally to chapter 4 (Sec. 1202 et seq.) of Title 19, Customs
    Duties. Section 306 of the Act was repealed by Pub. L. 107-171,
    title X, Sec. 10418(a)(5), May 13, 2002, 116 Stat. 507. For
    complete classification of this Act to the Code, see section 1654
    of Title 19 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (h). Pub. L. 107-171 substituted "animal
    quarantine laws (as defined in section 136a(f) of title 21)" for
    "animal quarantine laws (21 U.S.C. 101-105, 111-135b, and 612-
    614)".
      1988 - Subsec. (a)(1). Pub. L. 100-478, Sec. 1007(a), substituted
    "$25,000" for "$10,000" and "$12,000" for "$5,000".
      Subsec. (b)(1). Pub. L. 100-478, Sec. 1007(b), substituted
    "$50,000" for "$20,000" and "$25,000" for "$10,000".
      Subsec. (d). Pub. L. 100-478, Sec. 1007(c), inserted at end
    "Whenever the balance of sums received under this section and
    section 3375(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(i) of this title."
      1984 - Subsec. (d). Pub. L. 98-327 substituted a comma for "a
    reward" after "shall pay" in first sentence, inserted "(1) a
    reward" before "to any person", and added cl. (2).
      1982 - Subsecs. (a)(1), (b)(1). Pub. L. 97-304, Sec. 9(c),
    substituted "(a)(2)(A), (B), (C), or (D)" for "(a)(2)(A), (B), or
    (C)".
      Subsec. (e)(6). Pub. L. 97-304, Sec. 7(1), added par. (6).
      Subsec. (g)(1)(B). Pub. L. 97-304, Sec. 7(2)(A)(i), substituted
    "any State; or" for "any State.".
      Subsec. (g)(1)(C). Pub. L. 97-304, Sec. 7(2)(A)(ii), added
    subpar. (C).
      Subsec. (g)(1). Pub. L. 97-304, Sec. 7(2)(A)(iii), inserted "or
    to order the Secretary to perform such act or duty," after "any
    such provision or regulation," in provisions following subpar. (C).
      Subsec. (g)(2)(C). Pub. L. 97-304, Sec. 7(2)(B), added subpar.
    (C).
      1981 - Pub. L. 97-79 substituted "The Secretary or the Secretary
    of the Treasury shall pay a reward from sums received as penalties,
    fines, or forfeitures of property for any violation of this chapter
    or any regulation issued hereunder 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" for "Upon the
    recommendation of the Secretary, the Secretary of the Treasury is
    authorized to pay an amount equal to one-half of the civil penalty
    or fine paid, but not to exceed $2,500, to any person who furnishes
    information which leads to a finding of civil violation or a
    conviction of a criminal violation of any provision of this chapter
    or any regulation or permit issued thereunder" and inserted
    provision that the amount of the reward, if any, be designated by
    the Secretary or the Secretary of the Treasury, as appropriate.
      1978 - Subsec. (a)(1). Pub. L. 95-632, Sec. 6(1), (2),
    substituted "and any person engaged in business as an importer or
    exporter of fish, wildlife, or plants who violates" for "or who
    knowingly commits an act in the course of a commercial activity
    which violates" in two places and "$500" for "$1,000".
      Subsec. (a)(3). Pub. L. 95-632, Sec. 7, added par. (3).
      Subsec. (b)(1). Pub. L. 95-632, Sec. 6(3), substituted
    "knowingly" for "willfully commits an act which" in two places.
      Subsec. (b)(2). Pub. L. 95-632, Sec. 6(4), inserted "a person to
    import or export fish, wildlife, or plants, or to operate a
    quarantine station for imported wildlife, or authorizing" after
    "authorizing".
      Subsec. (b)(3). Pub. L. 95-632, Sec. 8, added par. (3).
      1976 - Subsec. (e)(3). Pub. L. 94-359 inserted "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" after
    "Such person may" and ", 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," after "other surety satisfactory to the
    Secretary".

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" substituted for "United States
    magistrates" in subsec. (e)(2) pursuant to section 321 of Pub. L.
    101-650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

-MISC2-
                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 9(f) of Pub. L. 97-79 provided that: "The amendment
    specified in subsection 9(e) of this Act [amending this section]
    shall take effect beginning in fiscal year 1983."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      For transfer of functions of the Secretary of Agriculture
    relating to agricultural import and entry inspection activities
    under this section to the Secretary of Homeland Security, and for
    treatment of related references, see sections 231, 551(d), 552(d),
    and 557 of Title 6, Domestic Security, and the Department of
    Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    16 USC Sec. 1541                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1541. Endangered plants

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 93-205, Sec. 12, Dec. 28, 1973, 87 Stat. 901.)

-End-

-CITE-
    16 USC Sec. 1542                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1542. Authorization of appropriations

-STATUTE-
    (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) 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(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.

-SOURCE-
    (Pub. L. 93-205, Sec. 15, Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-
    325, June 30, 1976, 90 Stat. 724; Pub. L. 95-632, Sec. 9, Nov. 10,
    1978, 92 Stat. 3762; Pub. L. 96-159, Sec. 8, Dec. 28, 1979, 93
    Stat. 1230; Pub. L. 97-304, Sec. 8[(a)], Oct. 13, 1982, 96 Stat.
    1425; Pub. L. 100-478, title I, Sec. 1009, Oct. 7, 1988, 102 Stat.
    2312.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-478 amended section generally, substituting
    provisions authorizing appropriations for fiscal years 1988 through
    1992 for provisions authorizing appropriations for fiscal years
    1983 through 1985.
      1982 - Subsec. (a). Pub. L. 97-304 designated existing provisions
    as subsec. (a), and substituted provisions authorizing, except as
    provided in subsecs. (b), (c), and (d), appropriations of
    $27,000,000 for each of fiscal years 1983, 1984, and 1985 for the
    Department of the Interior, $3,500,000 for each of fiscal years
    1983, 1984, and 1985 for the Department of Commerce, and $1,850,000
    for each of fiscal years 1983, 1984, and 1985 for the Department of
    Agriculture, for provisions that, except as authorized in sections
    1535 and 1536 of this title, had authorized appropriations of (1)
    not to exceed $23,000,000 for each of fiscal years 1979 and 1980,
    not to exceed $25,000,000 for fiscal year 1981, and not to exceed
    $27,000,000 for fiscal year 1982 to the Department of the Interior,
    (2) not to exceed $2,500,000 for each of fiscal years 1979 and
    1980, not to exceed $3,000,000 for fiscal year 1981, and not to
    exceed $3,500,000 for fiscal year 1982 to the Department of
    Commerce, and (3) not to exceed $1,500,000 for fiscal year 1980,
    not to exceed $1,750,000 for fiscal year 1981, and not to exceed
    $1,850,000 for fiscal year 1982 to the Department of Agriculture.
      Subsecs. (b) to (d). Pub. L. 97-304 added subsecs. (b) to (d).
      1979 - Par. (1). Pub. L. 96-159 struck out appropriations
    authorization of $25,000,000 for fiscal years ending Sept. 30,
    1977, and 1978, substituted appropriations authorization of
    $23,000,000; $23,000,000; $25,000,000; and $27,000,000 for fiscal
    years 1979 through 1982 for prior authorization of $23,000,000 for
    fiscal year ending Sept. 30, 1979, and $12,500,000 for period
    beginning Oct. 1, 1979, and ending Mar. 31, 1980, and restored
    intent of appropriations to enable the Interior Department to carry
    out its functions and responsibilities.
      Par. (2). Pub. L. 96-159 deleted appropriations authorization of
    $5,000,000 for fiscal years ending Sept. 30, 1977, and 1978, and
    substituted appropriations authorization of $2,500,000; $2,500,000;
    $3,000,000; and $3,500,000 for fiscal years 1979 through 1982 for
    prior authorization of $2,500,000 for fiscal year ending Sept. 30,
    1979, and $12,500,000 for period beginning Oct. 1, 1979, and ending
    Mar. 31, 1980.
      1978 - Pub. L. 95-632, in provision preceding par. (1),
    substituted "sections 1535 and 1536 of this title" for "section
    1535 of this title".
      Par. (1). Pub. L. 95-632 substituted provision authorizing
    appropriations of not to exceed $25,000,000 for the fiscal year
    ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of
    not to exceed $23,000,000 for the fiscal year ending Sept. 30,
    1979, and of not to exceed $12,500,000 for the period beginning
    Oct. 1, 1979 and ending Mar. 31, 1980 for provision authorizing
    appropriations of not to exceed $10,000,000 for the fiscal year
    ending June 30, 1976, of not to exceed $1,800,000 for the fiscal
    transitional period ending Sept. 30, 1976, and of not to exceed a
    total of $25,000,000 for the fiscal year ending Sept. 30, 1977 and
    the fiscal year ending Sept. 30, 1978, to enable the Department of
    the Interior to carry out its functions under this chapter.
      Par. (2). Pub. L. 95-632 substituted provision authorizing
    appropriations of not to exceed $5,000,000 for the fiscal year
    ending Sept. 30, 1977 and the fiscal year ending Sept. 30, 1978, of
    not to exceed $2,500,000 for the fiscal year ending Sept. 30, 1979,
    and of not to exceed $12,500,000 for the period beginning Oct. 1,
    1979 and ending Mar. 31, 1980 for provision authorizing
    appropriations of not to exceed $2,000,000 for the fiscal year
    ending June 30, 1976, of not to exceed $500,000 for the fiscal
    transitional period ending Sept. 30, 1976 and of not to exceed a
    total of $5,000,000 for the fiscal year Sept. 30, 1977 and the
    fiscal year ending Sept. 30, 1978.
      1976 - Par. (1). Pub. L. 94-325, Sec. 1(1), redesignated par. (A)
    as (1), inserted provisions authorizing appropriations for the
    fiscal year transitional period ending Sept. 30, 1976, fiscal year
    ending Sept. 30, 1977, and fiscal year ending Sept. 30, 1978, and
    struck out provisions authorizing appropriations of not to exceed
    $4,000,000 for fiscal year 1974, and not to exceed $8,000,000 for
    fiscal year 1975.
      Par. (2). Pub. L. 94-325, Sec. 1(2), redesignated par. (B) as
    (2), inserted provisions authorizing appropriation for the fiscal
    year transitional period ending Sept. 30, 1976, fiscal year ending
    Sept. 30, 1977, and fiscal year ending Sept. 30, 1978, and struck
    out provisions authorizing appropriations of not to exceed
    $2,000,000 for fiscal year 1974, and not to exceed $1,500,000 for
    fiscal year 1975.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

-End-

-CITE-
    16 USC Sec. 1543                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1543. Construction with Marine Mammal Protection Act of 1972

-STATUTE-
      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 U.S.C. 1361 et seq.].

-SOURCE-
    (Pub. L. 93-205, Sec. 17, Dec. 28, 1973, 87 Stat. 903.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-205, Dec. 28, 1973, 81 Stat. 884, as
    amended, known as the "Endangered Species Act of 1973", which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1531 of this title and Tables.
      The Marine Mammal Protection Act of 1972, referred to in text, is
    Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is
    classified generally to chapter 31 (Sec. 1361 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1361 of this title and
    Tables.

-End-

-CITE-
    16 USC Sec. 1544                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
    Sec. 1544. Annual cost analysis by Fish and Wildlife Service

-STATUTE-
      Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
    note; 109 Stat. 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 of this
      title.

-SOURCE-
    (Pub. L. 93-205, Sec. 18, as added Pub. L. 100-478, title I, Sec.
    1012, Oct. 7, 1988, 102 Stat. 2314; amended Pub. L. 106-201, Sec.
    1(a), May 18, 2000, 114 Stat. 307.)

-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-201, in introductory provisions, substituted
    "Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
    note; 109 Stat. 734), on" for "On".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-201, Sec. 1(b), May 18, 2000, 114 Stat. 307, provided
    that: "The amendment made by this section [amending this section]
    takes effect on the earlier of - 
        "(1) the date of enactment of this Act [May 18, 2000]; or
        "(2) December 19, 1999."

-End-