I 

113TH CONGRESS 

1ST SESSION H. R. 1866 

To amend the Endangered Species Act of 1973 to promote sustainableuse conservation, to harmonize that Act with the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2013 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to promote 

sustainable-use conservation, to harmonize that Act with 

the Convention on International Trade in Endangered 

Species of Wild Fauna and Flora, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancement of Spe5 cies Survival Act’’. 


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1 SEC. 2. DEFINITION. 

2 Section 3 of the Endangered Species Act of 1973 (16 

3 U.S.C. 1532) is amended by redesignating paragraphs (7) 

4 through (10) as paragraphs (8) through (11), and insert5 ing after paragraph (6) the following: 

6 ‘‘(7) The term ‘enhancement of propagation or 

7 survival’ means directly or indirectly improving a 

8 species’ sustainability in the wild, including any 

9 measure that— 

10 ‘‘(A) benefits the species’ population num11 bers, health, or habitat; 

12 ‘‘(B) reduces a threat to the species; or 

13 ‘‘(C) increases the social tolerance of the 

14 species.’’. 

15 SEC. 3. ENHANCEMENT FINDING. 

16 Section 10(a)(1) of the Endangered Species Act of 

17 1973 (16 U.S.C. 1539(a)(1)) is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘ may permit’’; 

20 (2) in subparagraph (A)— 

21 (A) by inserting ‘‘shall permit’’ before 

22 ‘‘any act’’; and 

23 (B) by striking ‘‘or’’ after the semicolon at 

24 the end; 

25 (3) in subparagraph (B)— 


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1 (A) by inserting ‘‘may permit’’ before ‘‘any 

2 act’’; and 

3 (B) by striking the period at the end and 

4 inserting a semicolon; and 

5 (4) by adding at the end the following: 

6 ‘‘(C) shall permit importation of a sport7 hunted trophy or other specimen that was le8 gally taken from a population of a species that 

9 is not native to the United States (including a 

10 domestic population of such a species), if— 

11 ‘‘(i)(I) the population is listed as an 

12 endangered species or threatened species 

13 under section 4 and is listed under Appen14 dix II to the Convention; and 

15 ‘‘(II) all trade in the trophy or speci16 men is in accordance with all requirements 

17 in Article IV of the Convention and any 

18 relevant resolutions adopted by the Con19 vention Conference of the Parties; or 

20 ‘‘(ii)(I) the population is listed in Ap21 pendix I to the Convention; 

22 ‘‘(II) in the case of a sport-hunted 

23 trophy or other specimen, all trade in the 

24 trophy or specimen is in accordance with 

25 all requirements of Article III of the ConVerDate Mar 15 2010 07:18 May 09, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1866.IH H1866

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1 vention and all relevant resolutions and 

2 quotas adopted by the Convention Con3 ference of the Parties; and 

4 ‘‘(III) in the case of a ranched or cap5 tive bred specimen, all commercial trade in 

6 such specimen is in accordance with clause 

7 4 of Article VII of the Convention and 

8 with all relevant clarifying resolutions and 

9 quotas adopted by the Convention Con10 ference of the Parties; and 

11 ‘‘(D) shall permit under subparagraphs 

12 (A) and (C), notwithstanding sections 3(1)(C) 

13 and 101(a)(1) of the Marine Mammal Protec14 tion Act of 1972 (16 U.S.C. 1362(1)(C), 

15 1371(a)(1)), importation of a sport-hunted tro16 phy or other specimen of a marine mammal 

17 that has been legally taken from a population 

18 that is depleted under such Act solely by reason 

19 of section 3(1)(C) of that Act.’’. 

20 SEC. 4. IMPLEMENTATION. 

21 The Secretary, as that term is used in the Endan22 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall, 

23 by not later than 120 days after the date of enactment 

24 of this Act, promulgate regulations implementing the 

25 amendments made by this Act, including criteria for the 


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1 issuance of permits under section 10(a)(1)(A) of such Act 

2 (16 U.S.C. 1539(a)(1)), as amended by this Act. 

Æ 


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