An Act to provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes.
PL 93-205 (S.1983), enacted 12/28/1973

884 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
Public Law 93-205 
December 28, 1973 
^jsj A C T 
'• 
To provide for the conservation of en(iangere<l and threatened species of lish. 
wildlife, and i>lants. and for other pnr])oses. 
Endangered 
Species Act of 
Be it enacted by the Senate and Hon>ie of Representatives 
of the 
United States of America, in Congresx asseinhted. That this Act may 
1973!"° ""' "' 
be cited as the "Eiidaiijreied Species Act of lOT^V. 
TABLE OF COXTKNTS 
Sec. 2. Findings, pnrposes. and policy. 
Sec. 3. Definitions. 
Sec. 4. Determination of endangered species and threatened species. 
Sec. 5. Land acquisition. 
Sec. 6. Cooperation with the States. 
Sec. 7. Interagency cooperation. 
Sec. 8. International cooperation. 
-
Sec. 9. Prohibited acts. 
Sec. 10. Exceptions. 
Sec. 11. Penalties and enforcement. 
Sec. 12. Endangered plants. 
Sec. 13. Conforming amendments. 
Sec. 14. Repealer. 
Sec. 15. Authorization of appropriations. 
Sec. 16. Effective date. 
Sec. 17. Marine Mammal Protection Act of 1!)72. 
, 
1'1ND1N«;S. PIKPOSKS. AM) 
I'OMCY 
SEC. 2. (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 practica-
ble the various species of fish or wildlife and plants facing 
extinction, pursuant to— 
(A) migratory bird treaties with C'anada and Mexico; 
(B) the Migratory and Endangered Bird Treaty with 
Japan; 
(C) the Convention on Nature Protection and Wildlife 
56 Stat. 1354. 
Preservation in the Western Hemisphere; 
(D) the International Convention for the Northwest 
^"^'^^^^- 
Atlantic Fisheries; 
(E) the International Convention for the High Seas Fish-
4UST380. 
eries of the North Pacific Ocean; 
(F) the Convention on International Trade in Endan-
gered Species of Wild Fauna and Flora; and 
(G) other international agreements. 
(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 
87 STAT.] 
PUBLIC LAW 9 3 - 2 0 5 - D E C . 28, 1973 
885 
Nation's inteinatioiial ooniinitments and to better safeguarding, 
for the IxMiefit of all citizens, the Nation's heritage in fish and 
wildlife. 
(b) PuRPOSKS.—The purposes of this Act are to provide a means 
Vvliereby the ecosystems upon which endangered species and threat-
ened species depend may be conserAcd, to provide a program for the 
conservation of such endangered species and threatened species, and 
to take such steps as may Ix' appropriate to achieve the purposes of the 
treaties and conventions set forth in subsection (a) of this section. 
(c) Poi.icY.—It is further declared to be the policy of Congress 
that all Federal departments and agencies shall seek to conserve 
endangered species and threatened s|)ecies and shall utilize their 
antliorities in furtherance of the purposes of this Act. 
DEFIXITIOXS 
SKC. 8. For the purposes of this Act— 
(1) 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. 
(2) The terms "conserve'*, "conserving", and "conservation'' 
n^ean 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 Act 
are no Iq^iger 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 popula-
tion pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking. 
(3) The term "Convention" means the Convention on Inter-
national Trade in Endangered Species of Wild Fauna and Flora, 
signed on March 3, 1973, and the appendices thereto. 
(4) The term "endangered species" means an}- 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 Act would present an overAvhelming and over-
riding risk to man. 
(5) 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 aiforded by treaty or other inter-
national agreement), amphibian, reptile, mollusk, crustacean, 
arthi'opod or other invertebrate, and includes any part, product, 
egg, or oli'spring thereof, or the dead body or parts thereof. 
(6) 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 per-
son in a foreign country; or 
:, 
(D) between persons Avithin the United States, where the 
fish and wildlife in question are moving in any country or 
J 
countries outside the L^nited States. 
(7) The term "import'' means to land on, bring into, or intro-
duce into, or attemj^t to land on, bring into, or introduce into, any 
84 Stat. 2090. 
5 u s e app. II. 
886 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
place subject to the jurisdiction of the United States, whether or 
not such landing, bringing, or introduction constitutes an impor-
tation within the meaning of the customs laws of the United 
States. 
(8) The term "person" means an individual, corporation, part-
nership, 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. 
(9) The term "plant" means any member of the plant kingdom, 
including seeds, roots and other parts thereof. 
(10) The term "Secretary" means, except as otherwise herein 
provided, the Secretary of the Interior or the Secretary of Com-
merce as program responsibilities are vested pursuant to the pro-
visions of Reorganization Plan Numbered 4 of 1970; except that 
with respect to the enforcement of the provisions of this Act and 
the Convention which pertain to the importation or exportation 
of terrestrial plants, the term means the Secretary of Agriculture. 
(11) The term "species" includes any subspecies of fish or wild-
life or plants and any other group of fish or wildlife of the same 
species or smaller taxa in common spatial arrangement that inter-
breed when mature. 
(12) The term "State" means any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, the Virgin Islands, Guam, and the Trust Territory 
of the Pacific Islands. 
(13) The term "State agency" means the State agency, depart-
ment, board, commission, or other governmental entity which is 
responsible for the management and conservation of fish or wild-
life resources within a State. 
(14) 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. 
(15) 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. 
(16) The term "United States", when used in a geographical 
context, includes all States. 
DETERMINATION 
OF ENDANGERED 
SPECIES AND THREATENED 
SPECIES 
SEC. 4. (a) GENERAL.—(1) The Secretary shall by regulation deter-
mine whether any species is an endangered species or a threatened 
species because of any of the following factors: 
(1) the present or threatened destruction, modification, or cur-
tailment of its habitat or range ; 
(2) overutilization for commercial, sporting, scientific, or edu-
cational purposes; 
(3) disease or predation; 
(4) the inadequacy of existing regulatory mechanisms; or 
(5) 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 Reorgani-
zation Plan Numbered 4 of 1970— 
(A) in any case in which the Secretary of Commerce deter-
mines that such species should— 
(i) be listed as an endangered species or a threatened 
species, or 
87 STAT.] 
PUBLIC LAW 9 3 - 2 0 5 - D E C . 28, 1973 
887 
(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 deter-
mines that such species should— 
(i) be removed from any list published pursuant to sub-
section (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 m the recommen-
dation, 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 determina-
tion made pursuant to this section by the Secretary of Commerce. 
(b) BASIS TOR DETERMINATIONS.—(1) The Secretary shall make 
determinations required by subsection (a) of this section on the basis 
of the best scientific and commercial data available to him and after 
consultation, as appropriate, with the affected States, interested per-
sons and organizations, other interested Federal agencies, and, in coop-
eration with the Secretary of State, with the country or countries in 
which the species concerned is normally found or whose citizens har-
vest such species on the high seas; except that in any case in which 
such determinations involve resident species of fish or wildlife, the 
Secretary of the Interior may not add such species to, or remove such 
species from, any list published pursuant to subsection (c) of this sec-
tion, unless the Secretary has first— 
(A) published notice in the Federal Register and notified the Fed^rai'1?t°Lu!r 
Governor of each State within which such species is then known 
to occur that such action is contemplated; 
(B) allowed each such State 90 days after notification to sub-
mit its comments and recommendations, except to the extent that 
such period may be shortened by agreement between the Secretary 
and the Governor or Governors concerned; and 
(C) published in the Federal Register a summary of all com-
ments and recommendations received by him which relate to such 
proposed action. 
(2) In determining whether or not any species is an endangered 
species or a threatened species, the Secretary shall take into considera-
tion those efforts, if any, being made by any nation or any political sub-
division of any nation to protect such species, whether by predator 
control, protection of habitat and food supply, or other conservation 
practices, within any area under the jurisdiction of any such nation or 
political subdivision, or on the high seas. 
(3) Species which have been designated as requiring protection 
from unrestricted commerce by any foreign country, or pursuant to 
any international agreement, shall receive full consideration by the 
Secretary to determine whether each is an endangered species or a 
threatened species. 
(c) LISTS.—(1) The Secretary of the Interior shall publish in the F^'d^rai'^Rigrsier. 
Federal Register, and from time to time he may by regulation revise, 
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. Eaeh list shall 
refer to the species contained therein by scientific and common name 
or names, if any, and shall specify with respect to each such species 
over what portion of its range it is endangered or threatened. 
888 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
Review. 
80 Stat. 383. 
80 Stat. 926; 
83 Stat. 275,283. 
16 u s e 668aa 
note. 
Publication in 
Federal Register. 
Hearing request. 
Publication in 
Federal Register. 
(2) The Secretaiy shall, upon the petition of an interested person 
under subsection 553 (e) of title 5, United States Code, conduct a review 
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 sub-
section, but only if he makes and publishes a finding that such person 
has presented substantial evidence which in his judgment warrants 
such a review. 
(3) Any list In effect on the day before the date of the enactment of 
tliis Act 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 shall be republished to conform 
to the classification for endangered species or threatened species, as 
the case may be, provided for in this Act, but until such republication, 
any such species so listed shall be deemed an endangered species within 
the meaning of this Act. The republication of any species pursuant to 
this paragraph shall not require public hearing or comment under 
section 553 of title 5, United States Code. 
(d) PROTKCTIVK RKGULATIOXS.—Whenever any species is listed as a 
threatened species pursuant to subsection (c) of this section, the Sec-
retary shall issue such regulations as he deems necessary and advis-
able 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 9(a) (1), in the case of fish or wildlife, 
or section 9(a) (2), 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 lias entered 
into a cooperative agreement pursuant to section 6(a) of this Act only 
to the extent that such regulations have also been adopted by such 
State. 
(e) SIMILARITY OF APPEAILVXCE CASES.—The Secretary may, by 
regulation, 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 section -t of this Act 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 sec-
tion that enforcement personnel would have substantial difficulty 
in attempting to differentiate between the listed and unlisted 
species; 
(B) the effect of this substantial difficult}' 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 Act. 
(f) 
REGULATIONS.— (1) Except as provided in paragraphs (2) 
and (3) of this subsection and subsection (b) of this section, the pro-
visions of section 553 of title 5, United States Code (relating to rule-
making procedures), shall apply to any regulation promulgated to 
carry out the purposes of this Act. 
(2) (A) In the case of any regulation proposed by the Secretary to 
carry out the purposes of this Act— 
(i) the Secretary shall publish general notice of the proposed 
regulation (including the complete text of the regulation) in the 
Federal Register not less than 60 days before the effective date of 
the regulation; and 
(ii) if any person who feels that he may be adversely affected 
by the proposed regulation files (within 45 days after the date of 
publication of general notice) objections thereto and requests a 
public hearing theieon. the Secretary" niay grant such re(]uest, but 
shall, if he denies such re<iuest, publi.sh his reasons therefor in 
the Federal Refrister. 
the Secretary. 
87 STAT.] 
PUBLIC LAW 9 3 - 2 0 5 - D E C . 28, 1973 
889 
(B) Neither subparagraph (A) of this paragraph nor section 553 
of title 5, United States Code, shall apply in the case of any of the 
so stat. 383. 
following regulations and any such regulation shall, at the discretion 
of the Secretary, take effect immediately upon publication of the regu-
lation in the Federal Register: 
(i) Any regulation appropriate to carry out the purposes of this 
Act which was originally promulgated to carry out the 
Endangered Species Conservation Act of 1969. 
83^star'275^^283 
(ii) Any regulation (including any regulation implementing 
le use ee'saa 
section 6(g) (2) (B) (ii) of this Act) issued by the Secretary in note. 
regard to any emergency posing a significant risk to the well-
being of any species of fish or wildlife, but only if (I) at the time 
of publication of the regulation in the Federal Register the Secre-
tary publishes therein detailed reasons why such regulation is 
necessary, and (II)" in the case such regulation applies to resident 
species of fish and wildlife, the requirements of subsection (b) 
(A), (B), and (C) of this section have been complied with. Any 
regulation promulgated under the authority of this clause (ii) 
shall cease to have force and effect at the close of the 120-day period 
following the date of publication unless, during such 120-day 
period, the rulemaking procedures which would apply to such 
regulation without regard to this subparagraph are complied 
with. 
(3) The publication in the Federal Register of any proposed or ,^f^^^^™^^,"'^,^^ 
final regulation which is necessary or appropriate to carry out the 
purposes of this Act shall include a statement by the Secretary of the 
facts on which such regulation is based and the relationship of such 
facts to such regulation. 
LAND 
ACQUISITION 
SEC. 5. (a) PROGRAM.—The Secretary of the Interior shall establish 
and implement a program to conserve (A) fish or wildlife which are 
listed as endangered species or threatened species pursuant to section 4 
of this Act; or (B) plants which are concluded in Appendices to the 
Convention. To carry out such program, he— 
(1) shall utilize the land acquisition and other authority under 
the Fish and Wildlife Act of 1956, as amended, the Fish and Wild-
life Coordination Act, as amended, and the Migratory Bird Con-
servation Act, as appropriate; and 
6o stat. loso 
(2) is authorized to acquire by purchase, donation, or otherwise, '^^Tusc "ei 
lands, waters, or interest therein, and such authority shall be in note 
addition to any other land acquisition authority vested in him. 
'*^ 
(b) ACQUISITIONS.—Funds made available pursuant to the Land and 
Water Conservation Fund Act of 1965, as amended, may be used for 
J^ ^^^^ Uli 
the purpose of acquiring lands, waters, or interests therein under sub- 4 note. 
section (a) of this section. 
COOPERATION W I T H T H E 
STATES 
SEC. 6. (a) GENERAL.—In carrying out the program authorized by 
this Act, the Secretary shall cooperate to the maximum extent practi-
cable 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 
70 Stat. 1119. 
16 u s e 742a 
note. 
45 Stat. 1222. 
16 u s e 715. 
890 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
tlu'oateiied species. Any levemies (leri>ed from the administration of 
such ai'eas under these agreements shall be subject to the provisions 
of section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 
78 Stat. 701. 
TloS). 
(c) COOPJ:RATINE AGKKEMENTS.—In furtherance of the purposes of 
this Act, the Secretary is authorized to enter into a cooperative agree-
ment 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 i-eceives a certified copy of sucli a pro-
posed State program, he shall make a determination whether such 
l)rogram is in accordance with this Act. Unless he determines, pursuant 
to this subsection, that the State program is not in accordance with this 
Act, 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 Sec-
retary nnist find, and ammally thereafter reconfirm such finding, that 
under the State program— 
(1) 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; 
(2) the State agency has established acceptable conservation 
programs, consistent with the purposes and policies of this Act, 
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; 
(3) the State agency is authorized to conduct investigations to 
determine the status and requirements for survival of resident 
species of fish and wildlife; 
(4) the State agency is authorized to establish programs, includ-
ing the acquisition of land or aquatic habitat or interests 
therein, for the conservation of resident endangered species or 
tlireatened species; and 
(5) provision is made for public participation in designating 
resident species of fish or wildlife as endangered or threatened. 
(d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to 
pj'ovide Hnancial 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 m development of programs for 
the conservation of endangered and tlireatened 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 
l)rogram consistent with the objectives and purposes of this Act; 
(0) the number of endangered species and threatened species 
within a State; 
(I)) the potential for restoring endangered species and threat-
ened 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 
sur\ival of the species. 
So much of any appropriated funds allocated for obligation to any 
State for any fiscal year as remains uiiol)ligated at the close thereof is 
87 STAT. ] 
PUBLIC LAW 93-205-DEC. 28, 1973 
891 
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 endan-
gered or threatened species; (C) the estimated cost of these actions; 
and (D) the share of such costs to be borne by the Federal Govern-
ment and by the States; except that— 
(i) the Federal share of such program costs shall not exceed 
66% per centum of the estimated program cost stated in the agree-
ment; and 
(ii) the Federal share may be increased to 75 per centum when-
ever 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 regula-
tions as he may prescribe, advance funds to the State for financing the 
United States pro rata share agreed upon in the cooperative agree-
ment. 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 prop-
erty, 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 Secre-
tary 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 spe-
cies or threatened species is void to the extent that it may effectively 
(1) permit what is prohibited by this Act or by any regulation which 
implements this Act, or (2) prohibit what is authorized pursuant to 
an exemption or permit provided for in this Act or in any regulation 
which implements this Act. This Act 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 Act or in any regulation which implements this Act but not less 
restrictive than the prohibitions so defined. 
(g) TRANSITION.— (1) For purposes of this subsection, the term ^J^^H'-''^'^'^'"^''' 
"establishment period" means, with respect to any State, the period " "" 
beginning on the date of enactment of this Act and ending on which-
ever 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 such 
date of enactment, or (B) the date of the close of the 15-month period 
following such date of enactment. 
(2) The prohibitions set forth in or authorized pursuant to sec-
tions 4(d) and 9(a) (1) (B) of this Act 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 other-
wise specifically covered by any other treaty or Federal law) within 
any State— 
period." 
892 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
(A) which is then a party to a cooperative agreement with the 
Secretary pursuant to section 6(c) of this Act (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 Avithin 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 w^ell-being of such species and that the 
prohibition must be applied to protect such species. The Sec-
retary's finding and publication may be made without regard 
to the public hearing or comment provisions of section 553 
80 Stat. 383. 
of title 5, United States (jode, or any other provision of this 
Act; 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 justifica-
tion 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.—For the purposes of this section, there is 
authorized to be appropriated through the fiscal year ending June 30, 
1977, not to exceed $10,000,000. 
INTERAGENCY 
COOPERATION 
SEC. 7. The Secretary shall review other programs administered by 
him and utilize such programs in furtherance of the purposes of this 
Act. All other Federal departments and agencies shall, in consultation 
with and with the assistance of the Secretary, utilize their authorities 
in furtherance of the purposes of this Act by carrying out programs 
for the conservation of endangered species and threatened species listed 
pursuant to section 4 of this Act and by taking such action necessary 
to insure that actions authorized, funded, or carried out by them do not 
jeopardize the continued existence of such endangered species and 
threatened species or result in the destruction or modification of hab-
itat of such species which is determined by the Secretary, after con-
sultation as appropriate with the affected States, to be critical. 
INTERNATIONAL 
COOPERATION 
SEC. 8. (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 1415 of the Supplemental Appropriation 
66 Stat. 662. 
Act, 1953 (31 U.S.C. 724), use foreign currencies accruing to the United 
States Government under the Agricultural Trade Development and 
68 Stat. 454. 
Assistauce Act of 1954 or any other law to provide to any foreign 
country (with its consent) assistance in the development and man-
agement 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 sec-
tion 4 of this Act. 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 sec-
tion under such terms and conditions as he deems appropriate. When-
ever foreign currencies are available for the provision of assistance 
87 STAT. ] 
PUBLIC LAW 93-205-DEC. 28, 1973 
893 
under this section, such currencies shall be used in preference to funds 
appropriated under the authority of section 15 of this Act. 
(b) ENCOURAGEMENT OF FOREIGN PROGRAMS.—In order to carry^ out 
further the provisions of this Act, the Secretary, through the Secre-
tary of State, shall encourage— 
(1) foreign countries to provide for the conservation of fish or 
wildlife including endangered species and threatened species 
listed pursuant to section 4 of this Act; 
(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 wild-
life 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, conserva-
tion practices designed to enhance such fish or wildlife 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 coun-
tries and international organizations in developing personnel 
resources and programs which promote the conservation of fish or 
wildlife; 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 Act. 
(e) CONVENTION IMPLEMENTATION.—The President is authorized 
and directed to designate appropriate agencies to act as the Manage-
ment Authority or Authorities and the Scientific Authority or Author-
ities pursuant to the Convention. The agencies so designated shall 
thereafter be authorized to do all things assigned to them under the 
Convention, including the issuance of permits and certificates. The 
agency designated by the President to communicate with other parties 
to the Convention and with the Secretariat shall also be empowered, 
where appropriate, in consultation with the State Department, to act 
on behalf of and represent the United States in all regards as required 
by the Convention. The President shall also designate those agencies 
which shall act on behalf of and represent the United States in all 
regards as required by the Convention on Nature Protection and Wild-
life Preservation in the Western Hemisphere. 
se stat. 1354. 
r 
PROHIBITED ACTS 
SEC. 9. (a) GENERAL.— (1) Except as provided in sections 6(g) (2) 
and 10 of this Act, with respect to any endangered species of fish or 
wildlife listed pui-suant to section 4 of this Act 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 ter-
ritorial sea of the United States; 
(C) take any such species upon the high seas; 
894 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
(D) possess, sell, deliver, carry, transport, or ship, by any 
means whatsoever, any such species taken in \iolation of sub-
paragraplis (B) and (C); 
(E) deliver, receive, carry, transport, or ship in interstate or 
foreign commerce, by any means Avhatsoever and in the course of 
a 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 am' 
threatened species of fish or wildlife listed pursuant to section 4 
of this Act and promulgated by the Secretary pursuant to 
authority provided by this Act. 
(2) Except as provided in sections 6(g) (2) and 10 of this Act, with 
respect to any endangered species of plants listed pui'suant to section 1 
of this Act, it is unlawful for any person subject to the jurisdiction of 
the Ignited States to— 
(A) import any such species into, or export any such species 
flom, the United States; 
(B) 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; 
(C) sell or olfer for sale in interstate or foreign connnerce any 
such species; or 
(D) violate any regulation pertaining to sucli species or to any 
threatened species of plants listed pursuant to section 4 of this 
Act and promulgated by the Secretary pursuant to authorit}' 
provided by this Act. 
(b) 
SPECIES HELD ix (^AmviTY OK COXTKOLLED ENVIKOXMENT.— 
The provisions of this section shall not apply to any fish or wildlife 
held in captivity or in a cfmtrolled environment on the effective date 
of this Act if the purposes of such holding are not contrary to tlie 
purposes of this Act; except that this subsection shall not apply in 
the case of any fish or wildlife held in the course of a commercial activ-
ity. With respect to any act prohibited by this section which occurs 
after a period of 180 days from the effective date of this Act, 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 such effective date. 
(c) Vioi^TioN OF CoxvEXTiON.—(1) It is uiilawful 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 Con-
vention, 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 4 of this Act 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 appli-
cable requirements of the Convention have been satisfied, 
(C) the applicable requirements of subsections (d), (e), and 
(f) of this section have been satisfied, and 
(I)) 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 Act or any regulation issued pursuant to this Act. 
87 STAT. ] 
PUBLIC LAW 93-205-DEC. 28, 1973 
895 
(d) IMPORTS AND E X P O R T S . ^ ( I ) It is unlawful for any person to 
engage in business as an importer or exporter of fish or wildlife (other 
than shellfish and fishery products which (A) are not listed pui-suant 
to section 4 of this Act 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 without first having 
obtained permission from the Secretary. 
(2) Any person required to obtain permission under paragraph (1) 
Recordkeeping. 
of this subsection shall— 
(A) keep such records as will fully and correctly disclose each 
importation or exportation of fish, wildlife, or plants made by him 
and the subsequent disposition made by him with respect to such 
fish, wildlife, or plants; 
(B) at all reasonable times upon notice by a duly authorized 
representative of the Secretary, afford such representative access 
to his places of business, an opportunity to examine his inven-
tory of imported fish, wildlife, or plants 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. 
Reports. 
(3) The Secretary shall prescribe such regulations as are necessary 
Regulations. 
and appropriate to carry out the purposes of this subsection. 
(e) REPORTS.—It is unlawful for any person importing or export-
ing fish or wildlife (other than shellfish and fishery products which 
(1) are not listed pursuant to section 4 of this Act 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 neces-
sary to facilitate enforcement of this Act 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 4 of this 
Act 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 Act 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 con-
sistent with the purpose of this subsection. 
(2) Any port designated by the Secretary of the Interior under the 
authority of section 4(d) of the Act of December 5, 1969 (16 U.S.C. 
666cc^(d)), shall, if such designation is in effect on the day before 
^^ ^*^*- 277. 
the date of the enactment of this Act, be deemed to be a port desig- 
^^^ 668cc-4. 
nated by the Secretary under paragraph (1) of this subsection unt^l 
such time as the Secretary otherwise provides. 
(g) VIOLATIONS.—It is unlawful for any person subject to the juris-
diction of the United States to attempt to commit, solicit another to 
commit, or cause to be committed, any offense defined in this section. 
896 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
EXCEPTIONS 
SEC. 10. (a) PERMITS.—The Secretary may permit, under such terms 
and conditions as he may prescribe, any act otherwise prohibited by 
section 9 of this Act for scientific purposes or to enhance the propaga-
tion or survival of the affected species. 
(b) HARDSHIP EXEMPTIONS.—(1) If any person enters into a con-
tract with respect to a species of fish or wildlife or plant before the 
date of the publication in the Federal Register of notice of considera-
tion of that species as an endangered species and the subsec[uent listing 
of that species as an endangered species pursuant to section 4 of this 
Act will cause undue economic hardship to such person under the con-
tract, the Secretary, in order to minimize such hardship, may exempt 
such person from the application of section 9(a) of this Act to the 
extent the Secretary deems appropriate if such person applies to him 
for such exemption and includes with such application such informa-
tion 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 con-
sideration 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 the effective date of this Act shall 
expire in accordance with the terms of section 3 of the Act of Decem-
1
6 use 668CC-3. ber 5,1969 (83 Stat. 275); 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 Act to perform contracts with respect to species of fish and 
wildlife entered into prior to the date of publication in the Fed-
eral 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 Act; or 
(C) curtailment of subsistence taking made unlawful under 
this Act 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. 
Publication in 
(c) NoTiCE AND REVIEW.—The Secretary shall publish notice in the 
« 
.„- 
-pg^gj.^j 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, 
w^ritten data, views, or arguhients with respect to the application. 
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) and (b) of this section only if he finds 
"Undue eco-
nomic hardship." 
Federal Register. 
87 STAT.] 
PUBLIC LAW 93-205-DEC. 28, 1973 
897 
and publishes his finding in the Federal Register that (1) such excep-
tions 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 2 
of this Act. 
(e) ALASKA XATI^^ES.— (1) Except as provided in paragraph (4) of 
this subsection the provisions of this Act 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 handi-
crafts 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, lacking, bead-
ing, drawing, and painting. 
(4) Notwithstanding the provisions of paragraph (1) of this sub-
section, whenever the Secretary determines that any species of fish or 
wildlife which is subject to taking under the provisions of this sub-
section 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 
leason for establishing such regulations and consistent with the policy 
of this Act. Such regulations shall be prescribed after a notice and 
hearings in the affected judicial districts of Alaska and as otherwise 
required by section 103 of the Marine Mammal Protection Act of 1972, 
and shall be removed as soon as the Secretary determines that the 
need for their impositions has disappeared. 
Publication in 
Federal Register. 
Definitions. 
Regulations. 
86 Stat. 1033. 
16 use 1373. 
PENALTIES AND ENFORCEMENT 
SEC. 11. (a) CIVIL PENALTIES.— (1) Any person who knowingly 
violates, or who knowingly cbmmits an act in the course of a 
commercial activity which vioflates, any provision of this Act, or 
any provision of any permit or certificate issued hereunder, or of any 
regulation issued in order to implement subsection (a) (1) (A), (B), 
22-150 O - 75 - 59 
898 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
(C), (D), (E). or (F). (a)(2) (A), (B). or (C). (c), (d) (other 
than reofiilation rehitino- to lecordkeeping' or filing" of reports), (f) 
or {(r) of section 9 of this Act, may be assessed a civil penalty by the 
Secretary of not more than $10,000 for each violation. Any person 
who knowingly Aiolates, or who knowingly commits an act in the 
course of a commercial activity which violates, any provision of any 
other regulation issued under this Act may be assessed a civil penalty 
by the Secretary of not more than $5,000 for each such violation. 
Any person who otherwise violates anj' provision of this Act, or any 
regidation, permit, or certificate issued hereunder, may be assessed a 
civil penalty by the Secretary of not more than $1,000 for each such 
o '^ortunit'^^^""^ 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 Secre-
tary may request the Attorney General to institute a civil action in 
a district court of the L^nited 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 substan-
tial 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 con-
so Stat. 384. 
ducted in accordance with section 554 of title 5, United States Code. 
subpenas. 
'p]^g Secretary may issue subpenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, and docu-
witness fees. 
ments, 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 pun-
ished by such court as a contempt thereof. 
(b) (?RTMixAL VIOLATIONS.— (1) Any person who willfully commits 
an act which violates any provision of this Act, 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), or (C), (c), (d) (other than a regulation relating to 
recordkeeping, or filing of reports), (f), or (g) of section 9 of this Act 
shall, upon conA-iction. be fined not more than $20,000 or imprisoned 
for not more than one year, or both. Any person who willfully com-
mits an act which Aiolates any provision of any other regulation issued 
under this Act shall, upon couAdction, be fined not more than $10,000 
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 the use of Federal 
lands, including grazing of domestic livestock, to any person Avho is 
convicted of a criminal violation of this Act 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 con-
victed of a criminal violation of any provision of this Act or any 
87 
STAT.] 
PUBLIC LAW 93-205-DEC. 28, 1973 
899 
regulation, permit, or certificate issued hereunder. The United States 
shall not be liable for the payments of any compensation, reimburse-
ment, or damages in connection with the modification, suspension, or 
revocation of any leases, licenses, permits, stamps, or other agreements 
pursuant to this section. 
(c) DISTRICT COURT JURISDICTION.—The several district courts of 
the United States, including the courts enumerated in section 460 of 
title 28, United States Code, shall have jurisdiction over any actions 
arising under this Act. For the purpose of this Act, American Samoa 
shall be included within the judicial district of the District Court of 
the United States for the District of Hawaii. 
(d) REWARDS.—Upon the recommendation of the Secretary, the Sec-
retary 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 vio-
lation or a conviction of a criminal violation of any provision of this 
Act or any regulation or permit issued thereunder. Any officer or 
employee of the United States or of any State or local government who 
furnishes information or renders service in the performance of his 
official duties shall not be eligible for payment under this section. 
(e) ENFORCEMENT.—(1) The provisions of this Act and any regu-
lations 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 Sec-
retaries. Each such Secretary may utilize by agreement, with or with-
out reimbursement, the personnel, services, and facilities of any other 
Federal agency or any State agency for purposes of enforcing this 
Act. 
(2) The judges of the district courts of the United States and the 
United States magistrates 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 
Act 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 Act 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 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 Act. 
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 for-
feiture 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. 
(4) (A) All fish or wildlife or plants taken, possessed, sold, pur-
chased, offered for sale or purchase, transported, delivered, received, 
carried, shipped, exported, or imported contrary to the provisions of 
this Act, any regulation made pursuant thereto, or any permit or 
certificate issued hereunder shall be subject to forfeiture to the United 
States. 
65 Stat. 725; 
72 Stat. 348. 
Federal and 
State agenciesi, 
utilization. 
Warrants. 
Package inspec-
tion. 
Search and sei-
ure, authority. 
Administrative 
fees. 
900 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
(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, trans-
porting, delivering, receiving, carrying, shipping, exporting, or 
importing of any fish or wildlife or plants in violation of this Act, 
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 section 11(b) (1) 
of this Act. 
(5) All provisions of law relating to the seizure, forfeiture, and 
condemnation of a vessel for violation of the customs laws, the dis-
position 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 Act, insofar as such provisions of law are appli-
cable and not inconsistent with the provisions of this Act; 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 Act. be exercised or performed by the Secre-
tary or by such persons as he may designate. 
(f) EEnrivATioxs.—The Secretary, the Secretary of the Treasury, 
and the Secretary of the Department in which the Coast Guard is 
operating, are authorized to pronudgate such regulations as may be 
appropriate to enforce this Act, and charge reasonable fees for 
expenses to the Government connected with permits or certificates 
authorized by this Act including processing applications and reason-
able inspections, and with the transfer, board, handling, or storage 
of fish or wildlife or plants and evidentiary items seized and forfeited 
' ' 
under this Act. 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) CiTizEX SUITS.— (1) Except as provided in paragraph (2) of 
this subsection anv person mav commence a civil suit on his own 
behalf— 
[ 
(A) to enjoin any person, including the T'^nited States and any 
other governmental instrumentality or agency (to the extent 
permitted by the eleventli amendment to the Constitution), wlio 
is alleged to be in violation of any provision of this Act or regu-
lation issued under the autliority thereof; or 
/ 
;,. ,
^ 
(B) to compel the Secretary to apply, pursuant to section 6(g) 
(2) (B) (ii) of this Act. the prohibitions set forth in or authorized 
pursuant to section 4(d) or section 9(a) (1) (B) of this Act with 
res])ect to the taking of any resident endangered species or threat-
ened species within anv State. 
Jurisdiction. 
^j^g district courts shall liave jurisdiction, Avithout regard to the 
amount in controversy or the citizenship of the parties, to enforce any 
such provision or regulation, as the case may be. In any civil suit com-
menced under subparagra})h (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; 
87 STAT. ] 
PUBLIC LAW 93-205-DEC. 28, 1973 
901 
(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) Xo 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 prose-
cuting action under section 6(g) (2) (B) (ii) of this Act to deter-
mine whether any such emergency exists. 
(3) (A) Any suit under this subsection may be brought in the judi-
cial district in which the violation occurs. 
(B) In any such suit under this subsection in which the United 
intervention. 
States is not a party, the Attorney General, at the request of the Sec-
retary, may intervene on behalf of the L^nited States as a matter of 
right. 
(4) The court, in issuing any final order in any suit brought pursu- 
Litigation costs. 
ant 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 injunctive relief. 
i-estrict 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) CooRDixATiox W I T H OTHER LAWS.—The Secretary of Agricul-
ture and the Secretary shall provide for appropriate coordination of 
the administration of this Act with the administration of the animal 
quarantine laws (21 U.S.C. 101-105, lll-135b, and 612-614) and sec-
tion 306 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this ^/y^^'j/gf' 
Act or any amendment made by this Act shall be construed as super-
seding 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 pro-
ceeding or determination under this Act shall preclude any proceed-
ing or be considered determinative of any issue of fact or law in any 
proceeding under any Act administered by the Secretary of Agricul-
ture. Nothing in this Act 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, including, without limita-
tion, section 527 of that Act (19 U.S.C. 1527), relating to the importa- 
-
^
^ stat. 741. 
tion of wildlife taken, killed, possessed, or exported to the United 
States in violation of the laws or regulations of a foreign country. 
ENDANGERED 
PLANTS 
SEC. 12. The Secretary of the Smithsonian Institution, in conjunction 
with other affected agencies, is authorized and directed to review (1) 
species of plants which aie now or may become endangered or threat-
ened and (2) methods of adequately conserving such species, and to 
902 
PUBLIC LAW 93-205-DEC. 28, 1973 
[87 STAT. 
Report to Con- repoi't to Coiigress, within one year after the date of the enactment of 
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this Act, the results of such review inchiding recommendations for new 
legislation or the amendment of existing legislation. 
CONFORMING AMENDMENTS 
SEC. 13. (a) Subsection 4(c) of the Act of October 15,1966 (80 Stat. 
928, 16 U.S.C. 668dd(c)), is further amended by revising the second 
sentence thereof to read as follows: "With the exception of endangered 
species and threatened species listed by the Secretary pursuant to sec-
Ante, p. 886. 
tjou 4 of the Endangered Species Act of 1973 in States wherein a 
cooperative agreement does not exist pursuant to section 6(c) of that 
Act, nothing in this Act shall be construed to authorize the Secretary to 
control or regulate hunting or fishing of resident fish and wildlife on 
lands not within the system. 
(b) Subsection 10(a) of the Migratory Bird Conservation Act (45 
80 Stat. 929. 
gtjit. 1224, 16 U.S.C. 715i(a)) and subsection 401(a) of the Act of 
78 Stat. 701; 
June 15, 1935 (49 Stat. 383,16 U.S.C. 715s(a)), are each amended by 
80 Stat. 930. 
Striking out "threatened with extinction," and inserting in lieu thereof 
the following: "listed pursuant to section 4 of the Endangered Species 
Act of 1973 as endangered species or threatened species,". 
(c) Section 7(a)(1) of the Land and Water Conservation Fund Act 
78 Stat. 897; 
of 1965 (16 U.S.C. 4601—9(a) (1)) is amended by striking out: 
86 Stat. 459. 
"THREATENED SPECIES.—FoT any national area which may be 
authorized for the preservation of species of fish or wildlife that 
are threatened with extinction." 
and inserting in lieu thereof the following: 
"ENDANGERED SPECIES AND THREATENED SPECIES.—For lands, 
waters, or interests therein, the acquisition of which is authorized 
under section 5 (a) of the Endangered Species Act of 1973, needed 
for the purpose of conserving endangered or threatened species of 
fish or wildlife or plants." 
Conservation 
(d) The first seuteucc of section 2 of the Act of September 28,1962, 
^'«r=. . in^, 
as amended (76 Stat. 653, 16 U.S.C. 460k-l), is amended to read as 
60 btat. lU6o. 
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follows: 
"The Secretary is authorized to acquire areas of land, or interests 
therein, which are suitable for— 
"(1) incidental fish and wildlife-oriented recreational develop-
ment, 
" (2) the protection of natural resources, 
"(3) the conservation of endangered species or threatened 
species listed by the Secretary pursuant to section 4 of the 
Endangered Species Act of 1973, or 
" (4) carrying out two or more of the purposes set forth in para-
graphs (1) through (3) of this section, and are adjacent to, or 
within, the said conservation areas, except that the acquisition of 
any land or interest therein pursuant to this section shall be 
accomplished only with such funds as may be appropriated there-
for by the Congress or donated for such purposes, but such 
property shall not be acquired with funds obtained from the sale 
of Federal migratory bird hunting stamps." 
(e) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-
86 Stat. 1027. 
1407) isamended— 
87 STAT. ] 
PUBLIC LAW 93-205-DEC. 28, 1973 
963 
86 Stat. 1028. 
16 u s e 1362. 
16 u s e 1402, 
(1) by striking out "Endangered Species Conservation Act of 
1969" in section 3 (1) (B) thereof and inserting in lieu thereof the 
^ ^ ^ ^ 
following: "Endangered Species Act of 1973"; 
Ant^e. p. ss^. 
(2) by striking out "pursuant to the Endangered Species Con-
servation Act of 1969" in section 101(a)(3)(B) thereof and 
le use 1371. 
inserting in lieu thereof the following: "or threatened species 
pursuant to the Endangered Species Act of 1973"; 
(3) by striking out "endangered under the Endangered Species 
Conservation Act of 1969" in section 102(b)(3) thereof and 
le use 1372. 
inserting in lieu thereof the following: "an endangered species 
or threatened species pursuant to the Endangered Species Act of 
1973"; and 
(4) by striking out "of the Interior such revisions of the 
Endangered Species List, authorized by the Endangered Species 
Conservation Act of 1969," in section 202(a)(6) thereof and 
inserting in lieu thereof the following: "such revisions of the 
endangered species list and threatened species Jist published 
pursuant to section 4(c) (1) of the Endangered Species Act of 
1973". 
(f) Section 2(1) of the Federal Environmental Pesticide Control 
Act of 1972 (Public Law 92-516) is amended by striking out the 
fusc'isJnote 
words "by the Secretary of the Interior under Public Law 91-135" 
and inserting in lieu thereof the words "or threatened by the Secre-
tary pursuant to the Endangered Species Act of 1973". 
REPEALER 
SEC. 14. The Endangered Species Conservation Act of 1969 (sec-
tions 1 through 3 of the Act of October 15, 1966, and sections 1 
through 6 of the Act of December 5,1969; 16 U.S.C. 668aa—668cc-6), 
is repealed. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 15. Except as authorized in section 6 of this Act, there are 
authorized to be appropriated— 
(A) not to exceed $4,000,000 for fiscal year 1974, not to exceed 
$8,000,000 for fiscal year 1975 and not to exceed $10,000,000 for 
fiscal year 1976, to enable the Department of the Interior to carry 
out such functions and responsibilities as it may have been given 
under this Act; and 
(B) not to exceed $2,000,000 for fiscal year 1974, $1,500,000 for 
fiscal year 1975 and not to exceed $2,000,000 for fiscal year 1976, 
to enable the Department of Commerce to carry out such functions 
and responsibilities as it may have been given under this Act. 
EFFECTIVE DATE 
SEC. 16. This Act shall take effect on the date of its enactment. 
MARINE MAMMAL PROTECTION ACT OF 10 72 
SEC. 17. Except as otherwise provided in this Act, no provision of 
this Act shall take precedence over any more restrictive conflicting 
provision of the Marine Mammal Protection Act of 1972. 
^^ stat. 1027. 
A 
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16 u s e 1361 
Approved December 28, 1973. 
note. 
80 Stat. 926 
83 Stat. 275