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(continued)
from the existing range of the parent population to another
location. The plan, which must be developed by regulation and
administered by the Service in cooperation with the appropriate
State agency, shall include the following:
"(1) The number, age, and sex of sea otters proposed to be
relocated.
"(2) The manner in which the sea otters will be captured,
translocated, released, monitored, and protected.
"(3) The specification of a zone (hereinafter referred to as
the 'translocation zone') to which the experimental population
will be relocated. The zone must have appropriate characteristics
for furthering the conservation of the species.
"(4) The specification of a zone (hereinafter referred to as
the 'management zone') that -
"(A) surrounds the translocation zone; and
"(B) does not include the existing range of the parent
population or adjacent range where expansion is necessary for
the recovery of the species.
The purpose of the management zone is to (i) facilitate the
management of sea otters and the containment of the experimental
population within the translocation zone, and (ii) to prevent, to
the maximum extent feasible, conflict with other fishery
resources within the management zone by the experimental
population. Any sea otter found within the management zone shall
be treated as a member of the experimental population. The
Service shall use all feasible non-lethal means and measures to
capture any sea otter found within the management zone and return
it to either the translocation zone or to the range of the parent
population.
"(5) Measures, including an adequate funding mechanism, to
isolate and contain the experimental population.
"(6) A description of the relationship of the implementation of
the plan to the status of the species under the Act and to
determinations of the Secretary under section 7 of the Act [16
U.S.C. 1536].
"(c) Status of Members of the Experimental Population. - (1) Any
member of the experimental population shall be treated while within
the translocation zone as a threatened species for purposes of the
Act, except that -
"(A) section 7 of the Act [16 U.S.C. 1536] shall only apply to
agency actions that -
"(i) are undertaken within the translocation zone,
"(ii) are not defense-related agency actions, and
"(iii) are initiated after the date of the enactment of this
section [Nov. 7, 1986]; and
"(B) with respect to defense-related actions within the
translocation zone, members of the experimental population shall
be treated as members of a species that is proposed to be listed
under section 4 of the Act [16 U.S.C. 1533].
For purposes of this paragraph, the term 'defense-related agency
action' means an agency action proposed to be carried out directly
by a military department.
"(2) For purposes of section 7 of the Act [16 U.S.C. 1536], any
member of the experimental population shall be treated while within
the management zone as a member of a species that is proposed to be
listed under section 4 of the Act [16 U.S.C. 1533]. Section 9 of
the Act [16 U.S.C. 1538] applies to members of the experimental
population; except that any incidental taking of such a member
during the course of an otherwise lawful activity within the
management zone, may not be treated as a violation of the Act or
the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.].
"(d) Implementation of Plan. - The Secretary shall implement the
plan developed under subsection (b) -
"(1) after the Secretary provides an opinion under section 7(b)
of the Act [16 U.S.C. 1536(b)] regarding each prospective action
for which consultation was initiated by a Federal agency or
requested by a prospective permit or license applicant before
April 1, 1986; or
"(2) if no consultation under section 7(a)(2) or (3) regarding
any prospective action is initiated or requested by April 1,
1986, at any time after that date.
"(e) Consultation and Effect of Opinion. - A Federal agency shall
promptly consult with the Secretary, under section 7(a)(3) of the
Act [16 U.S.C. 1536(a)(3)], at the request of, and in cooperation
with, any permit or license applicant regarding any prospective
action. The time limitations applicable to consultations under
section 7(a)(2) of the Act apply to consultations under the
preceding sentence. In applying section 7(b)(3)(B) with respect to
an opinion on a prospective action that is provided after
consultation under section 7(a)(3), that opinion shall be treated
as the opinion issued after consultation under section 7(a)(2)
unless the Secretary finds, after notice and opportunity for
comment in accordance with section 553 of title 5, United States
Code, that a significant change has been made with respect to the
action or that a significant change has occurred regarding the
information used during the initial consultation. The interested
party may petition the Secretary to make a finding under the
preceding sentence. The Secretary may implement any reasonable and
prudent alternatives specified in any opinion referred to in this
subsection through appropriate agreements with any such Federal
agency, prospective permit or license applicant, or other
interested party.
"(f) Construction. - For purposes of implementing the plan, no
act by the Service, an authorized State agency, or an authorized
agent of the Service or such an agency with respect to a sea otter
that is necessary to effect the relocation or management of any sea
otter under the plan may be treated as a violation of any provision
of the Act or the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.)."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1532, 1533, 1539, 1542,
3645, 6576 of this title; title 23 section 108.

-End-



-CITE-
16 USC Sec. 1537 01/19/04

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

-HEAD-
Sec. 1537. International cooperation

-STATUTE-
(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 1306 of
title 31, use foreign currencies accruing to the United States
Government under the Agricultural Trade Development and Assistance
Act of 1954 [7 U.S.C. 1691 et seq.] or any other law to provide to
any foreign country (with its consent) assistance in the
development and management 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 section 1533 of this title. 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 section under
such terms and conditions as he deems appropriate. Whenever foreign
currencies are available for the provision of assistance under this
section, such currencies shall be used in preference to funds
appropriated under the authority of section 1542 of this title.
(b) Encouragement of foreign programs
In order to carry out further the provisions of this chapter, the
Secretary, through the Secretary of State, shall encourage -
(1) foreign countries to provide for the conservation of fish
or wildlife and plants including endangered species and
threatened species listed pursuant to section 1533 of this title;
(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
wildlife or plants 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, conservation practices designed to enhance such fish or
wildlife or plants 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
countries and international organizations in developing personnel
resources and programs which promote the conservation of fish or
wildlife or plants; 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
chapter.

-SOURCE-
(Pub. L. 93-205, Sec. 8, Dec. 28, 1973, 87 Stat. 892; Pub. L.
96-159, Sec. 5, Dec. 28, 1979, 93 Stat. 1228.)

-REFTEXT-
REFERENCES IN TEXT
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
454, as amended, which is classified generally to chapter 41 (Sec.
1691 et seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section
1691 of Title 7 and Tables.

-COD-
CODIFICATION
In subsec. (a), "section 1306 of title 31" substituted for
"section 1415 of the Supplemental Appropriation Act, 1953 (31
U.S.C. 724)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.


-MISC1-
AMENDMENTS
1979 - Subsec. (b)(1). Pub. L. 96-159, Sec. 5(1), encouraged
conservation of plants.
Subsec. (b)(3). Pub. L. 96-159, Sec. 5(2), encouraged
conservation practices for enhancement of plants taken for
importation into the United States.
Subsec. (c)(1). Pub. L. 96-159, Sec. 5(3), made personnel
available for plant conservation.
Subsec. (e). Pub. L. 96-159, Sec. 5(4), struck out subsec. (e)
relating to Convention implementation.

CONSERVATION OF SEA TURTLES; IMPORTATION OF SHRIMP
Pub. L. 101-162, title VI, Sec. 609, Nov. 21, 1989, 103 Stat.
1037, provided that:
"(a) The Secretary of State, in consultation with the Secretary
of Commerce, shall, with respect to those species of sea turtles
the conservation of which is the subject of regulations promulgated
by the Secretary of Commerce on June 29, 1987 -
"(1) initiate negotiations as soon as possible for the
development of bilateral or multilateral agreements with other
nations for the protection and conservation of such species of
sea turtles;
"(2) initiate negotiations as soon as possible with all foreign
governments which are engaged in, or which have persons or
companies engaged in, commercial fishing operations which, as
determined by the Secretary of Commerce, may affect adversely
such species of sea turtles, for the purpose of entering into
bilateral and multilateral treaties with such countries to
protect such species of sea turtles;
"(3) encourage such other agreements to promote the purposes of
this section with other nations for the protection of specific
ocean and land regions which are of special significance to the
health and stability of such species of sea turtles;
"(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species of sea
turtles to which the United States is a party in order to make
such treaty consistent with the purposes and policies of this
section; and
"(5) provide to the Congress by not later than one year after
the date of enactment of this section [Nov. 21, 1989] -
"(A) a list of each nation which conducts commercial shrimp
fishing operations within the geographic range of distribution
of such sea turtles;
"(B) a list of each nation which conducts commercial shrimp
fishing operations which may affect adversely such species of
sea turtles; and
"(C) a full report on -
"(i) the results of his efforts under this section; and
"(ii) the status of measures taken by each nation listed
pursuant to paragraph (A) or (B) to protect and conserve such
sea turtles.
"(b)(1) In General. - The importation of shrimp or products from
shrimp which have been harvested with commercial fishing technology
which may affect adversely such species of sea turtles shall be
prohibited not later than May 1, 1991, except as provided in
paragraph (2).
"(2) Certification Procedure. - The ban on importation of shrimp
or products from shrimp pursuant to paragraph (1) shall not apply
if the President shall determine and certify to the Congress not
later than May 1, 1991, and annually thereafter that -
"(A) the government of the harvesting nation has provided
documentary evidence of the adoption of a regulatory program
governing the incidental taking of such sea turtles in the course
of such harvesting that is comparable to that of the United
States; and
"(B) the average rate of that incidental taking by the vessels
of the harvesting nation is comparable to the average rate of
incidental taking of sea turtles by United States vessels in the
course of such harvesting; or
"(C) the particular fishing environment of the harvesting
nation does not pose a threat of the incidental taking of such
sea turtles in the course of such harvesting."


-EXEC-
EXECUTIVE ORDER NO. 11911
Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided
that for purposes of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora the Secretary of the
Interior be designated as the Management Authority and established
the Endangered Species Scientific Authority as the Scientific
Authority, with the Secretary of the Interior designated to act on
behalf of the United States in all regards as required by the
Convention on Nature Protection and Wildlife Preservation in the
Western Hemisphere, was revoked by Ex. Ord. No. 12608, Sept. 9,
1987, 52 F.R. 34617.

DELEGATION OF AUTHORITY REGARDING CERTIFICATION OF COUNTRIES
EXPORTING SHRIMP TO UNITED STATES
Memorandum of the President of the United States, Dec. 19, 1990,
56 F.R. 357, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and
laws of the United States of America, including section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1990 (Public Law 101-162) [set
out above], and section 301 of title 3 of the United States Code, I
hereby delegate to the Secretary of State the functions vested in
me by section 609(b) of that Act. The authority delegated by this
memorandum may be further redelegated within the Department of
State.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
George Bush.

-End-



-CITE-
16 USC Sec. 1537a 01/19/04

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

-HEAD-
Sec. 1537a. Convention implementation

-STATUTE-
(a) Management Authority and Scientific Authority
The Secretary of the Interior (hereinafter in this section
referred to as the "Secretary") is designated as the Management
Authority and the Scientific Authority for purposes of the
Convention and the respective functions of each such Authority
shall be carried out through the United States Fish and Wildlife
Service.
(b) Management Authority functions
The Secretary shall do all things necessary and appropriate to
carry out the functions of the Management Authority under the
Convention.
(c) Scientific Authority functions; determinations
(1) The Secretary shall do all things necessary and appropriate
to carry out the functions of the Scientific Authority under the
Convention.
(2) The Secretary shall base the determinations and advice given
by him under Article IV of the Convention with respect to wildlife
upon the best available biological information derived from
professionally accepted wildlife management practices; but is not
required to make, or require any State to make, estimates of
population size in making such determinations or giving such
advice.
(d) Reservations by the United States under Convention
If the United States votes against including any species in
Appendix I or II of the Convention and does not enter a reservation
pursuant to paragraph (3) of Article XV of the Convention with
respect to that species, the Secretary of State, before the 90th
day after the last day on which such a reservation could be
entered, shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives, and to the Committee on
the Environment and Public Works of the Senate, a written report
setting forth the reasons why such a reservation was not entered.
(e) Wildlife preservation in Western Hemisphere
(1) The Secretary of the Interior (hereinafter in this subsection
referred to as the "Secretary"), in cooperation with the Secretary
of State, shall act on behalf of, and represent, the United States
in all regards as required by the Convention on Nature Protection
and Wildlife Preservation in the Western Hemisphere (56 Stat. 1354,
T.S. 982, hereinafter in this subsection referred to as the
"Western Convention"). In the discharge of these responsibilities,
the Secretary and the Secretary of State shall consult with the
Secretary of Agriculture, the Secretary of Commerce, and the heads
of other agencies with respect to matters relating to or affecting
their areas of responsibility.
(2) The Secretary and the Secretary of State shall, in
cooperation with the contracting parties to the Western Convention
and, to the extent feasible and appropriate, with the participation
of State agencies, take such steps as are necessary to implement
the Western Convention. Such steps shall include, but not be
limited to -
(A) cooperation with contracting parties and international
organizations for the purpose of developing personnel resources
and programs that will facilitate implementation of the Western
Convention;
(B) identification of those species of birds that migrate
between the United States and other contracting parties, and the
habitats upon which those species depend, and the implementation
of cooperative measures to ensure that such species will not
become endangered or threatened; and
(C) identification of measures that are necessary and
appropriate to implement those provisions of the Western
Convention which address the protection of wild plants.

(3) No later than September 30, 1985, the Secretary and the
Secretary of State shall submit a report to Congress describing
those steps taken in accordance with the requirements of this
subsection and identifying the principal remaining actions yet
necessary for comprehensive and effective implementation of the
Western Convention.
(4) The provisions of this subsection shall not be construed as
affecting the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate resident fish or
wildlife under State law or regulations.

-SOURCE-
(Pub. L. 93-205, Sec. 8A, as added Pub. L. 96-159, Sec. 6(a)(1),
Dec. 28, 1979, 93 Stat. 1228; amended Pub. L. 97-304, Sec. 5[(a)],
Oct. 13, 1983, 96 Stat. 1421.)


-MISC1-
AMENDMENTS
1982 - Subsec. (c). Pub. L. 97-304, Sec. 5[(a)](1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 97-304, Sec. 5[(a)](2), substituted
provisions relating to reservations by the United States under the
Convention for provisions which had established an International
Convention Advisory Commission and had provided for its membership,
staffing, and operation.
Subsec. (e). Pub. L. 97-304, Sec. 5[(a)](3), substituted
provisions implementing the Convention on Nature Protection and
Wildlife Preservation in the Western Hemisphere for provisions
which had provided that the President shall designate those
agencies of the Federal Government that shall act on behalf of, and
represent, the United States in all regards as required by the
Convention on Nature Protection and Wildlife Preservation in the
Western Hemisphere.

EFFECTIVE DATE OF 1982 AMENDMENT
Section 5(b) of Pub. L. 97-304 provided that: "The amendment made
by paragraph (1) of subsection (a) [amending this section] shall
take effect January 1, 1981."


-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.


-MISC2-
ENDANGERED SPECIES SCIENTIFIC AUTHORITY; INTERIM PERFORMANCE OF
FUNCTIONS OF COMMISSION
Section 6(b) of Pub. L. 96-159 provided that until such time as
the Chairman, Members, and Executive Secretary of the International
Convention Advisory Commission are appointed, but not later than 90
days after Dec. 28, 1979, the functions of the Commission be
carried out by the Endangered Species Scientific Authority as
established by Ex. Ord. No. 11911, formerly set out as a note under
section 1537 of this title, with staff and administrative support
being provided by the Secretary of the Interior as set forth in
that Executive Order.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1542, 2912 of this title.

-End-



-CITE-
16 USC Sec. 1538 01/19/04

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

-HEAD-
Sec. 1538. Prohibited acts

-STATUTE-
(a) Generally
(1) Except as provided in sections 1535(g)(2) and 1539 of this
title, with respect to any endangered species of fish or wildlife
listed pursuant to section 1533 of this title 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
territorial sea of the United States;
(C) take any such species upon the high seas;
(D) possess, sell, deliver, carry, transport, or ship, by any
means whatsoever, any such species taken in violation of
subparagraphs (B) and (C);
(E) deliver, receive, carry, transport, or ship in interstate
or foreign commerce, by any means whatsoever and in the course of
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 any
threatened species of fish or wildlife listed pursuant to section
1533 of this title and promulgated by the Secretary pursuant to
authority provided by this chapter.

(2) Except as provided in sections 1535(g)(2) and 1539 of this
title, with respect to any endangered species of plants listed
pursuant to section 1533 of this title, 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) remove and reduce to possession any such species from areas
under Federal jurisdiction; maliciously damage or destroy any
such species on any such area; or remove, cut, dig up, or damage
or destroy any such species on any other area in knowing
violation of any law or regulation of any State or in the course
of any violation of a State criminal trespass law;
(C) 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;
(D) sell or offer for sale in interstate or foreign commerce
any such species; or
(E) violate any regulation pertaining to such species or to any
threatened species of plants listed pursuant to section 1533 of
this title and promulgated by the Secretary pursuant to authority
provided by this chapter.
(b) Species held in captivity or controlled environment
(1) The provisions of subsections (a)(1)(A) and (a)(1)(G) of this
section shall not apply to any fish or wildlife which was held in
captivity or in a controlled environment on (A) December 28, 1973,
or (B) the date of the publication in the Federal Register of a
final regulation adding such fish or wildlife species to any list
published pursuant to subsection (c) of section 1533 of this title:
Provided, That such holding and any subsequent holding or use of
the fish or wildlife was not in the course of a commercial
activity. With respect to any act prohibited by subsections
(a)(1)(A) and (a)(1)(G) of this section which occurs after a period
of 180 days from (i) December 28, 1973, or (ii) the date of
publication in the Federal Register of a final regulation adding
such fish or wildlife species to any list published pursuant to
subsection (c) of section 1533 of this title, there shall be a
rebuttable presumption that the fish or wildlife involved in such
act is not entitled to the exemption contained in this subsection.
(2)(A) The provisions of subsection (a)(1) of this section shall
not apply to -
(i) any raptor legally held in captivity or in a controlled
environment on November 10, 1978; or
(ii) any progeny of any raptor described in clause (i);

until such time as any such raptor or progeny is intentionally
returned to a wild state.
(B) Any person holding any raptor or progeny described in
subparagraph (A) must be able to demonstrate that the raptor or
progeny does, in fact, qualify under the provisions of this
paragraph, and shall maintain and submit to the Secretary, on
request, such inventories, documentation, and records as the
Secretary may by regulation require as being reasonably appropriate
to carry out the purposes of this paragraph. Such requirements
shall not unnecessarily duplicate the requirements of other rules
and regulations promulgated by the Secretary.
(c) Violation of Convention
(1) It is unlawful 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 Convention, 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 1533 of this title 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
applicable requirements of the Convention have been satisfied,
(C) the applicable requirements of subsections (d), (e), and
(f) of this section have been satisfied, and
(D) 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 chapter or any regulation issued pursuant to this chapter.
(d) Imports and exports
(1) In general
It is unlawful for any person, without first having obtained
permission from the Secretary, to engage in business -
(A) as an importer or exporter of fish or wildlife (other
than shellfish and fishery products which (i) are not listed
pursuant to section 1533 of this title as endangered species or
threatened species, and (ii) 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; or
(B) as an importer or exporter of any amount of raw or worked
African elephant ivory.
(2) Requirements
Any person required to obtain permission under paragraph (1) of
this subsection shall -
(A) keep such records as will fully and correctly disclose
each importation or exportation of fish, wildlife, plants, or
African elephant ivory made by him and the subsequent
disposition made by him with respect to such fish, wildlife,
plants, or ivory;
(B) at all reasonable times upon notice by a duly authorized
representative of the Secretary, afford such representative
access to his place of business, an opportunity to examine his
inventory of imported fish, wildlife, plants, or African
elephant ivory 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.
(3) Regulations
The Secretary shall prescribe such regulations as are necessary
and appropriate to carry out the purposes of this subsection.
(4) Restriction on consideration of value or amount of African
elephant ivory imported or exported
In granting permission under this subsection for importation or
exportation of African elephant ivory, the Secretary shall not
vary the requirements for obtaining such permission on the basis
of the value or amount of ivory imported or exported under such
permission.
(e) Reports
It is unlawful for any person importing or exporting fish or
wildlife (other than shellfish and fishery products which (1) are
not listed pursuant to section 1533 of this title 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 necessary to facilitate enforcement of this chapter 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 1533 of this title 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 chapter 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 consistent with the
purpose of this subsection.
(2) Any port designated by the Secretary of the Interior under
the authority of section 668cc-4(d) (!1) of this title, shall, if
such designation is in effect on December 27, 1973, be deemed to be
a port designated by the Secretary under paragraph (1) of this
subsection until such time as the Secretary otherwise provides.

(g) Violations
It is unlawful for any person subject to the jurisdiction of the
United States to attempt to commit, solicit another to commit, or
cause to be committed, any offense defined in his section.

-SOURCE-
(Pub. L. 93-205, Sec. 9, Dec. 28, 1973, 87 Stat. 893; Pub. L.
95-632, Sec. 4, Nov. 10, 1978, 92 Stat. 3760; Pub. L. 97-304, Sec.
9(b), Oct. 13, 1982, 96 Stat. 1426; Pub. L. 100-478, title I, Sec.
1006, title II, Sec. 2301, Oct. 7, 1988, 102 Stat. 2308, 2321; Pub.
L. 100-653, title IX, Sec. 905, Nov. 14, 1988, 102 Stat. 3835.)

-REFTEXT-
REFERENCES IN TEXT
Section 668cc-4 of this title, referred to in subsec. (f)(2), was
repealed by Pub. L. 93-205, Sec. 14, Dec. 28, 1973, 87 Stat. 903.


-MISC1-
AMENDMENTS
1988 - Subsec. (a)(2)(B). Pub. L. 100-478, Sec. 1006, amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: "remove and reduce to possession any such species from
areas under Federal jurisdiction;".
Subsec. (d). Pub. L. 100-478, Sec. 2301, amended subsec. (d)
generally, revising and restating as pars. (1) to (4) provisions of
former pars. (1) to (3).
Subsec. (d)(1)(A). Pub. L. 100-653 inserted "or plants" after
"purposes)".
1982 - Subsec. (a)(2)(B) to (E). Pub. L. 97-304, Sec. 9(b)(1),
added subpar. (B) and redesignated former subpars. (B), (C), and
(D) as (C), (D), and (E), respectively.
Subsec. (b)(1). Pub. L. 97-304, Sec. 9(b)(2), substituted "The
provisions of subsections (a)(1)(A) and (a)(1)(G) of this section
shall not apply to any fish or wildlife which was held in captivity
or in a controlled environment on (A) December 28, 1973, or (B) the
date of the publication in the Federal Register of a final
regulation adding such fish or wildlife species to any list
published pursuant to subsection (c) of section 1533 of this title:
Provided, That such holding and any subsequent holding or use of
the fish or wildlife was not in the course of a commercial
activity. With respect to any act prohibited by subsections
(a)(1)(A) and (a)(1)(G) of this section which occurs after a period
of 180 days from (i) December 28, 1973, or (ii) the date of
publication in the Federal Register of a final regulation adding
such fish or wildlife species to any list published pursuant to
subsection (c) of section 1533 of this title, there shall be a
rebuttable presumption that the fish or wildlife involved in such
act is not entitled to the exemption contained in this subsection"
for "The provisions of this section shall not apply to any fish or
wildlife held in captivity or in a controlled environment on
December 28, 1973, if the purposes of such holding are not contrary
to the purposes of this chapter; except that this subsection shall
not apply in the case of any fish or wildlife held in the course of
a commercial activity. With respect to any act prohibited by this
section which occurs after a period of 180 days from December 28,
1973, 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 December 28, 1973".
Subsec. (b)(2)(A). Pub. L. 97-304, Sec. 9(b)(3), substituted "The
provisions of subsection (a)(1) of this section shall not apply to"
for "This section shall not apply to" in provisions preceding cl.
(i).
1978 - Subsec. (b). Pub. L. 95-632 designated existing provision
as par. (1) and added par. (2).

HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES
Pub. L. 103-238, Sec. 17, Apr. 30, 1994, 108 Stat. 559, provided
that:
"(a) Lawful Approaches. - In waters of the United States
surrounding the State of Hawaii, it is lawful for a person subject
to the jurisdiction of the United States to approach, by any means
other than an aircraft, no closer than 100 yards to a humpback
whale, regardless of whether the approach is made in waters
designated under section 222.31 of title 50, Code of Federal
Regulations, as cow/calf waters.
"(b) Termination of Legal Effect of Certain Regulations. -
Subsection (b) of section 222.31 of title 50, Code of Federal
Regulations, shall cease to be in force and effect."


-EXEC-
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1533, 1535, 1536, 1539,
1540 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 1539 01/19/04

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

-HEAD-
Sec. 1539. Exceptions

-STATUTE-
(a) Permits
(1) The Secretary may permit, under such terms and conditions as
he shall prescribe -
(A) any act otherwise prohibited by section 1538 of this title
for scientific purposes or to enhance the propagation or survival
of the affected species, including, but not limited to, acts
necessary for the establishment and maintenance of experimental
populations pursuant to subsection (j) of this section; or
(B) any taking otherwise prohibited by section 1538(a)(1)(B) of
this title if such taking is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity.

(2)(A) No permit may be issued by the Secretary authorizing any
taking referred to in paragraph (1)(B) unless the applicant
therefor submits to the Secretary a conservation plan that
specifies -
(i) the impact which will likely result from such taking;
(ii) what steps the applicant will take to minimize and
mitigate such impacts, and the funding that will be available to
implement such steps;
(iii) what alternative actions to such taking the applicant
considered and the reasons why such alternatives are not being
utilized; and
(iv) such other measures that the Secretary may require as
being necessary or appropriate for purposes of the plan.

(B) If the Secretary finds, after opportunity for public comment,
with respect to a permit application and the related conservation
plan that -
(i) the taking will be incidental;
(ii) the applicant will, to the maximum extent practicable,
minimize and mitigate the impacts of such taking;
(iii) the applicant will ensure that adequate funding for the
plan will be provided;
(iv) the taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
(v) the measures, if any, required under subparagraph (A)(iv)
will be met;

and he has received such other assurances as he may require that
the plan will be implemented, the Secretary shall issue the permit.
The permit shall contain such terms and conditions as the Secretary
deems necessary or appropriate to carry out the purposes of this
paragraph, including, but not limited to, such reporting
requirements as the Secretary deems necessary for determining
whether such terms and conditions are being complied with.
(C) The Secretary shall revoke a permit issued under this
paragraph if he finds that the permittee is not complying with the
terms and conditions of the permit.
(b) Hardship exemptions
(1) If any person enters into a contract with respect to a
species of fish or wildlife or plant before the date of the
publication in the Federal Register of notice of consideration of
that species as an endangered species and the subsequent listing of
that species as an endangered species pursuant to section 1533 of
this title will cause undue economic hardship to such person under
the contract, the Secretary, in order to minimize such hardship,
may exempt such person from the application of section 1538(a) of
this title to the extent the Secretary deems appropriate if such
person applies to him for such exemption and includes with such
application such information 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 consideration 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 December 28, 1973, shall expire in
accordance with the terms of section 668cc-3 (!1) of this title;
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 chapter to perform contracts with respect to species of
fish and wildlife entered into prior to the date of publication
in the Federal 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 chapter; or
(C) curtailment of subsistence taking made unlawful under this
chapter 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.
(c) Notice and review
The Secretary shall publish notice in the Federal 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, of written data, views, or arguments with respect to the
application; except that such thirty-day period may be waived by
the Secretary in an emergency situation where the health or life of
an endangered animal is threatened and no reasonable alternative 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. 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)(1)(A)
and (b) of this section only if he finds and publishes his finding
in the Federal Register that (1) such exceptions 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 1531 of this
title.
(e) Alaska natives
(1) Except as provided in paragraph (4) of this subsection the
provisions of this chapter 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
handicrafts 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, lacing,
beading, drawing, and painting.

(4) Notwithstanding the provisions of paragraph (1) of this
subsection, whenever the Secretary determines that any species of
fish or wildlife which is subject to taking under the provisions of
this subsection 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 reason for establishing such regulations and
consistent with the policy of this chapter. Such regulations shall
be prescribed after a notice and hearings in the affected judicial
districts of Alaska and asotherwise required by section 1373 of (continued)