(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 Oceans;

(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and

(G) other international agreements; and 3

(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 and wildlife.

(b) PURPOSES.-The purposes of this Act 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 convention 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 Act.

(2) 4 It is further declared to be the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resources issues in concert with conservation of endangered species.

DEFINITIONS

Sec. 3.5 For the purposes of this Act

(1) 6 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 propose

3 Sec. 1013(a) of Public Law 100-478 (102 Stat. 2315) struck the period following "agreements" and added the text "; and".

* Sec. 9(a) of Public Law 97-304 (96 Stat. 1426) added the par. designation “(1)” and a new par. (2) to subsec. (c).

5 16 U.S.C. 1532.

6 Sec. 2 of Public Law 95-632 (92 Stat. 3751) redesignated pars. (1), (2), and (3) as (2), (3), and (4) respectively, and added a new par. (1).

of facilitating such buying and selling: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.7

(3) 6 The terms "conserve", "conserving," and "conservation" mean to use and the use of all methods and procedures which are necessary to being any endangered species or threatened species to the point at which the measures provided pursuant to this Act 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 pressure within a given ecosystem cannot be otherwise relieved, may include regulated taking.

(4) 6 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) 8 (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 4 of this Act, 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 4 of this Act, 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) 8 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 Act would present an overwhelming and overriding risk to man.

(7) 8 The term "Federal agency" means any department, agency, or instrumentality of the United States.

(8) 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 endan

7 Sec. 5 of Public Law 94-359 (90 Stat. 913) added this proviso.

8 Sec. 2 of Public Law 95-632 (92 Stat. 3721) redesignated pars. (4), (5), (6), and (7) as pars. (6), (8), (9), and (10), respectively, and added new pars. (5) and (7).

gered 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.start here

8

(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.

8

(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) 9 *

* *

[Repealed-1982]

(12) 10 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 7, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 7(a) to such agency action.

(13) 10. 11 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) 10 The term "plant" means any member of the plant kingdom, including seeds, roots and other parts thereof.

(15) 10 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 Act and the Convention which pertain to the importation or exportation of terrestrial plants, the term also 11 means the Secretary of Agriculture.

9 Par. (11), which defined the term "irresolvable conflict", was repealed by sec. 4(b) of Public Law 97-304 (96 Stat. 1420). Originally, par. (11) had been added by sec. 2 of Public Law 95-632 (92 Stat. 2752) and subsequently amended by sec. 2 of Public Law 96-159 (93 Stat. 1225).

10 Sec. 2 of Public Law 95-632 (92 Stat. 2752) redesignated pars. (8) through (16) as pars. (13) through (21) and added new pars. (11) and (12).

11 Sec. 1001 of Public Law 100-478 (102 Stat. 2306) restated par. (13) and added the word "also" before "means the Secretary of Agriculture" in par. (15). Par. (13) previously read:

"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.".

(16) 10, 12 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) 10 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) 10 The term "State agency" means the State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish or wildlife resources within a State.

(19) 10 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) 10 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) 10 The term "United States" when used in a geographical context, includes all States.

INTERNATIONAL COOPERATION

Sec. 8.13 (a) FINANCIAL ASSISTANCE.-As a demonstration of the commitment of the United States to the worldwide protection of endangered species and threatened species, the President may, subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), use foreign currencies accruing to the United States Government under the Agricultural Trade Development and Assistance Act of 1954 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 4 of this Act. The President shall provide assistance (which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein) to foreign countries under this 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 15 of this Act.

(b) ENCOURAGEMENT OF FOREIGN PROGRAMS.-In order to carry out further the provisions of this Act, the Secretary, through the Secretary of State, shall encourage

(1) foreign countries to provide for the conservation of fish or wildlife and plants 14 including endangered species and threatened species listed pursuant to section 4 of this Act;

12 Par. (16), as redesignated, was amended by sec. 2(5) of Public Law 95-632 (92 Stat. 3752). 13 16 U.S.C. 1537.

14 The reference to plants was added by sec. 5 of Public Law 96-159 (93 Stat. 1228).

(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 14 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 14 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; 14 and

(2) conduct or provide financial assistance for the educational training of foreign personnel, in this country or abroad, in fish, wildlife, or plant management, research and law enforcement and to render professional assistance abroad in such matters.

(d) INVESTIGATIONS.-After consultation with the Secretary of State and the Secretary of the Treasury, as appropriate, the Secretary may conduct or cause to be conducted such law enforcement investigations and research abroad as he deems necessary to carry out the purposes of this Act.

(e) 15

[Repealed-1979]

CONVENTION IMPLEMENTATION

Sec. 8A.16 (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)(1) 17 SCIENTIFIC AUTHORITY FUNCTIONS.-The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention.

(2) 17 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.

15 Subsec. (e), which had concerned implementation of the Convention, was repealed by sec. 5(4) of Public Law 96-159 (93 Stat. 1228). See sec. 8A of this Act.

16 16 U.S.C. 1537a. Sec. 6 of Public Law 96-159 (93 Stat. 1228) added sec. 8A.

17 Sec 5(1) of Public Law 97-304 (96 Stat. 1421) added the par. designation "(1)” and a new par. (2) in subsec. (c), effective Jan. 1, 1981.