(4) in subsection (d)(1)(A), by striking clause (i) 
and inserting the following: ‘‘(i) are not determined 
to be endangered species or threatened species under 
section 4, and’’; 
(5) in subsection (e), by striking clause (1) and 
inserting the following: ‘‘(1) are not determined to be 
endangered species or threatened species under section 
4, and’’; and 
(6) in subsection (f)— 
(A) in paragraph (1), in the first sentence, 
by striking clause (A) and inserting the fol-
lowing: ‘‘(A) are not determined to be endan-
gered species or threatened species under section 
4, and’’; and 
(B) by striking ‘‘Secretary of the Interior’’ 
each place it appears and inserting ‘‘Secretary’’. 
(d) HARDSHIP
EXEMPTIONS.—Section 10(b) (16 
U.S.C. 1539(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘an endangered species’’ 
and all that follows through ‘‘section 4 of this 
Act’’ and inserting ‘‘an endangered species or a 
threatened species and the subsequent determina-
tion that the species is an endangered species or 
a threatened species under section 4’’;
(B) by striking ‘‘section 9(a) of this Act’’ 
and inserting ‘‘section 9(a)’’; and 
(C) by striking ‘‘fish or wildlife listed by the 
Secretary as endangered’’ and inserting ‘‘fish or 
wildlife determined to be an endangered species 
or threatened species by the Secretary’’; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘or a threatened species’’ 
after ‘‘endangered species’’ each place it appears; 
and 
(B) in subparagraph (B), by striking ‘‘list-
ed species’’ and inserting ‘‘endangered species or 
threatened species’’. 
(e) PERMIT AND EXEMPTION POLICY.—Section 10(d) 
(16 U.S.C. 1539(d)) is amended— 
(1) by inserting ‘‘or threatened species’’ after 
‘‘endangered species’’; and 
(2) by striking ‘‘of this Act’’. 
(f) PRE-ACT PARTS AND SCRIMSHAW.—Section 10(f) 
(16 U.S.C. 1539(f)) is amended— 
(1) by inserting after ‘‘(f)’’ the following: ‘‘PRE- 
ACT PARTS AND SCRIMSHAW.—’’; and 
(2) in paragraph (2), by striking ‘‘of this Act’’ 
each place it appears.
(g) BURDEN OF PROOF IN SEEKING EXEMPTION OR 
PERMIT.—Section 10(g) (16 U.S.C. 1539(g)) is amended by 
inserting after ‘‘(g)’’ the following: ‘‘BURDEN OF PROOF IN 
SEEKING EXEMPTION OR PERMIT.—’’. 
(h) ANTIQUE ARTICLES.—Section 10(h)(1)(B) (16 
U.S.C. 1539(h)(1)(B)) is amended by striking ‘‘endangered 
species or threatened species listed’’ and inserting ‘‘species 
determined to be an endangered species or a threatened spe-
cies’’. 
(i) PENALTIES AND ENFORCEMENT.—Section 11 (16 
U.S.C. 1540) is amended in subsection (e)(3), in the second 
sentence, by striking ‘‘Such persons’’ and inserting ‘‘Such 
a person’’. 
(j) 
SUBSTITUTION
OF
GENDER-NEUTRAL
REF-
ERENCES.— 
(1) ‘‘SECRETARY’’ FOR ‘‘HE’’.—The following 
provisions are amended by striking ‘‘he’’ each place it 
appears and inserting ‘‘the Secretary’’: 
(A) Paragraph (4)(C) of section 4(b), as re-
designated by section 5(b)(2) of this Act. 
(B) Paragraph (5)(B)(ii) of section 4(b), as 
redesignated by section 5(b)(2) of this Act. 
(C) Section 4(b)(7) (16 U.S.C. 1533(b)(7)), 
in the matter following subparagraph (B). 
(D) Section 6 (16 U.S.C. 1535).
(E) Section 8(d) (16 U.S.C. 1537(d)). 
(F) Section 9(f) (16 U.S.C. 1538(f)). 
(G) Section 10(a) (16 U.S.C. 1539(a)). 
(H) 
Section 
10(b)(3) 
(16 
U.S.C. 
1539(b)(3)). 
(I) Section 10(d) (16 U.S.C. 1539(d)). 
(J) Section 10(e)(4) (16 U.S.C. 1539(e)(4)). 
(K) Section 10(f)(4), (5), and (8)(B) (16 
U.S.C. 1599(f)(4), (5), (8)(B)). 
(L) Section 11(e)(5) (16 U.S.C. 1540(e)(5)). 
(2) ‘‘PRESIDENT’’ FOR ‘‘HE’’.—Section 8(a) (16 
U.S.C. 1537(a)) is amended in the second sentence by 
striking ‘‘he’’ and inserting ‘‘the President’’. 
(3) ‘‘SECRETARY
OF
THE
INTERIOR’’ 
FOR 
‘‘HE’’.—Section 8(b)(3) (16 U.S.C. 1537(b)(3)) is 
amended by striking ‘‘he’’ and inserting ‘‘the Sec-
retary of the Interior’’. 
(4) ‘‘PERSON’’ FOR ‘‘HE’’.—The following provi-
sions are amended by striking ‘‘he’’ each place it ap-
pears and inserting ‘‘the person’’: 
(A) Section 10(f)(3) (16 U.S.C. 1539(f)(3)). 
(B) Section 11(e)(3) (16 U.S.C. 1540(e)(3)). 
(5) ‘‘DEFENDANT’’ FOR ‘‘HE’’.—The following 
provisions are amended by striking ‘‘he’’ each place it 
appears and inserting ‘‘the defendant’’.