An Act to amend the Endangered Species Act of 1973 in order to permit the disposal of certain endangered species products and parts lawfully held within the United States on the effective date of such Act.
PL 94-359 (S.229), enacted 07/12/1976

PUBLIC LAW 94-359—JULY 12, 1976 
90 STAT. 911 
Public Law 94-359 
94th Congress 
An Act 
To amend the Endangered Species Act of 1973 in order to permit the disposal 
of certain endangered species products and parts lawfully held within the 
United States on the effective date of such Act. 
Be it enacted hy the /Senate and House of Representatives of the 
United States of America in Congress assembled, That section 4(f) 
(2) (B) (ii) of the Endangered Species Act of 1973 (16 U.S.C. 1533 
(f) (2) (B) (ii)) is amended by striking out "subsection (b) (A), (B), 
and (C)" and inserting in lieu thereof subsection (b) (1) (A)". 
SEC. 2. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 
1539) is amended by adding at the end thereof the following new 
subsections: 
"(f)(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 Decem-
ber 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 etching or engraving of designs upon, or the carving 
of figures, patterns, or designs from, any bone or tooth of any 
marine mammal of the order Cetacea. 
"(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 follow-
ing prohibitions: 
"(A) The prohibition on exportation from the United States 
set forth in section 9(a) (1) (A) of this Act. 
"(B) Any prohibition set forth in section 9(a) (1) (E) or (F) 
of this Act. 
"(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 promul-
gated 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 doer mentation 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. 
July 12, 1976 
[S. 229] 
Endangered 
Species Act of 
1973, 
amendments. 
Definitions. 
Exemption. 
16 u s e 1538. 
Application. 
89-194 0—78—pt. 1 
61 
90 STAT. 912 
PUBLIC LAW 94-359—JULY 12, 1976 
Exemption 
certification. 
16 use 1538. 
Regulations. 
16 use 6533. 
Pre-Act 
endangered 
species parts, 
sales contract, 
validity. 
Waiver. 
"(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 m section 9(a) of this Act which is 
exempted; 
"(B) the pre-Act endangered species parts to which the exemp-
tion 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; 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 i-egulations 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 com-
plete sales records, permit duly authorized agents of the Secretary 
to inspect such inventories and records, and periodically file appro-
priate reports with the Secretary) ; and 
"(B) terms and conditions which may be imposed on any sub-
sequent 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 Act. No regula-
tion prescribed by the Secretary to carry out the purposes of this sub-
section shall be subject to section 4(f) (2) (A) (i) of this Act. 
"(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 Kegister on January 9, 1973, shall not be 
rendered invalid by virtue of the fact that fulfillment of such contract 
may be prohibited under section 9(a) (1) (F). 
"(B) In the event that this paragraph is held invalid, the validity 
of the remainder of the Act, 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 viola-
tion of paragraphs (1)(A), (1)(E), or (1) (F) of section 9(a) 
prior to the date of enactment of this subsection; or 
"(B) immunize any person from prosecution for any such act. 
" (g) In connection with any action alleging a violation of section 9, 
any pereon claiming the benefit of any exemption or permit under 
this Act 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.". 
SEC. 3. Section 10 of the Endangered Species Act of 1973 (16 
U.S.C. 1539) is further amended— 
(1) by striking out "subsection" in the first sentence of sub-
section (c) thereof and inserting in lieu thereof "section"; and 
(2) by striking out the period at the end of the second sentence 
of subsection (c) thereof and inserting in lieu thereof the follow-
ing: "; except that such thirty-day period may be waived by 
PUBLIC LAW 94-359—JULY 12, 1976 
90 STAT. 913 
the Secretary in an emergency situation where the health or life 
of an endangered animal is threatened and no reasonable alterna-
tive 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.". 
SEC. 4. Section 11(e)(3) of the Endangered Species Act of 1973 
(16 U.S.C. 1540(e)(3)) is amended— 
(1) by inserting immediately before the words "execute and 
serve any arrest warrant," in the second sentence thereof the fol-
lowing: "make arrests without a warrant for any violation of 
this Act if he has reasonable grounds to believe that the person 
to be arrested is committing the violation in his presence or view, 
and may"; and 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof the following: ", 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 Act, as the Secretary 
shall by regulation prescribe.". 
SEC. 5. Paragraph (1) of section 3 of the Endangered Species Act 
of 1973 (16 U.S.C. 1532(1)) is amended by striking the period and 
inserting in lieu thereof ": Provided^ however^ That it does not include 
exhibition of commodities by museums or similar cultural or historical 
organizations.". 
Approved July 12, 1976. 
Publication in 
Federal Register. 
Enforcement. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-823 accompanying H.R. 10229 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 94-63 (Comm. on Commerce). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Apr. 14, considered and passed Senate. 
Vol. 122 (1976): Feb. 17, considered and passed House, amended, in lieu of 
H.R. 10229. 
June 24, Senate agreed to House amendment with amendments. 
June 29, House concurred in Senate amendments. 
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