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16 USC CHAPTER 35 - ENDANGERED SPECIES

-CITE-
16 USC CHAPTER 35 - ENDANGERED SPECIES 01/19/04

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

-HEAD-
CHAPTER 35 - ENDANGERED SPECIES

-MISC1-
Sec.
1531. Congressional findings and declaration of purposes and
policy.
(a) Findings.
(b) Purposes.
(c) Policy.
1532. Definitions.
1533. Determination of endangered species and threatened
species.
(a) Generally.
(b) Basis for determinations.
(c) Lists.
(d) Protective regulations.
(e) Similarity of appearance cases.
(f) Recovery plans.
(g) Monitoring.
(h) Agency guidelines; publication in Federal
Register; scope; proposals and amendments:
notice and opportunity for comments.
(i) Submission to State agency of justification for
regulations inconsistent with State agency's
comments or petition.
1534. Land acquisition.
(a) Implementation of conservation program;
authorization of Secretary and Secretary of
Agriculture.
(b) Availability of funds for acquisition of lands,
waters, etc.
1535. Cooperation with States.
(a) Generally.
(b) Management agreements.
(c) Cooperative agreements.
(d) Allocation of funds.
(e) Review of State programs.
(f) Conflicts between Federal and State laws.
(g) Transition.
(h) Regulations.
(i) Appropriations.
1536. Interagency cooperation.
(a) Federal agency actions and consultations.
(b) Opinion of Secretary.
(c) Biological assessment.
(d) Limitation on commitment of resources.
(e) Endangered Species Committee.
(f) Promulgation of regulations; form and contents
of exemption application.
(g) Application for exemption; report to Committee.
(h) Grant of exemption.
(i) Review by Secretary of State; violation of
international treaty or other international
obligation of United States.
(j) Exemption for national security reasons.
(k) Exemption decision not considered major Federal
action; environmental impact statement.
(l) Committee order granting exemption; cost of
mitigation and enhancement measures; report by
applicant to Council on Environmental Quality.
(m) Notice requirement for citizen suits not
applicable.
(n) Judicial review.
(o) Exemption as providing exception on taking of
endangered species.
(p) Exemptions in Presidentially declared disaster
areas.
1537. International cooperation.
(a) Financial assistance.
(b) Encouragement of foreign programs.
(c) Personnel.
(d) Investigations.
1537a. Convention implementation.
(a) Management Authority and Scientific Authority.
(b) Management Authority functions.
(c) Scientific Authority functions; determinations.
(d) Reservations by the United States under
Convention.
(e) Wildlife preservation in Western Hemisphere.
1538. Prohibited acts.
(a) Generally.
(b) Species held in captivity or controlled
environment.
(c) Violation of Convention.
(d) Imports and exports.
(e) Reports.
(f) Designation of ports.
(g) Violations.
1539. Exceptions.
(a) Permits.
(b) Hardship exemptions.
(c) Notice and review.
(d) Permit and exemption policy.
(e) Alaska natives.
(f) Pre-Act endangered species parts exemption;
application and certification; regulation;
validity of sales contract; separability;
renewal of exemption; expiration of renewal
certification.
(g) Burden of proof.
(h) Certain antique articles; importation; port
designation; application for return of
articles.
(i) Noncommercial transshipments.
(j) Experimental populations.
1540. Penalties and enforcement.
(a) Civil penalties.
(b) Criminal violations.
(c) District court jurisdiction.
(d) Rewards and incidental expenses.
(e) Enforcement.
(f) Regulations.
(g) Citizen suits.
(h) Coordination with other laws.
1541. Endangered plants.
1542. Authorization of appropriations.
(a) In general.
(b) Exemptions.
(c) Convention implementation.
1543. Construction with Marine Mammal Protection Act of
1972.
1544. Annual cost analysis by Fish and Wildlife Service.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 410aaa-80, 460iii-5,
460jjj-1, 460lll, 471j, 539m-1, 545b, 620, 823c, 1362, 1371, 1387,
1389, 1413, 1881a, 2404, 2407, 2408, 2705, 2902, 2912, 3125, 3645,
3741, 3743, 4202, 4241, 4244, 4401, 4402, 4404, 4912, 5301, 5305a,
6406, 6511 of this title; title 7 sections 136, 2814; title 25
section 715c; title 33 sections 2283, 2333.

-End-



-CITE-
16 USC Sec. 1531 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1539 of this title.

-End-



-CITE-
16 USC Sec. 1532 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1536 of this title.

-End-



-CITE-
16 USC Sec. 1533 01/19/04

-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; (continued)