87 STAT. 901 Intervention. Litigation costs. Injunctive relief. 46 Stat. 689. 19 USC 1654. 46 Stat. 741. (ii) if the Secretary has commenced action to impose a penalty pursuant to subsection (a) of this section; or (iii) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision or regulation. (B) No action may be commenced under subparagraph (1)(B) of this section (i) prior to sixty days after written notice has been given to the Secretary setting forth the reasons why an emergency is thought to exist with respect to an endangered species or a threatened species in the State concerned; or (ii) if the Secretary has commenced and is diligently prosecuting action under section 6(g) (2) (B) (ii) of this Act to determine whether any such emergency exists. (3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). (h) COORDINATION WITH OTHER LAWS.-The Secretary of Agriculture and the Secretary shall provide for appropriate coordination of the administration of this Act with the administration of the animal quarantine laws (21 U.S.C. 101-105, 111-135b, and 612-614) and section 306 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this Act or any amendment made by this Act shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations or possession of animals and other articles and no proceeding or determination under this Act shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. Nothing in this Act shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930, including, without limitation, section 527 of that Act (19 U.S.C. 1527), relating to the importation of wildlife taken, killed, possessed, or exported to the United States in violation of the laws or regulations of a foreign country. ENDANGERED PLANTS SEC. 12. The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered or threat- CONFORMING AMENDMENTS SEC. 13. (a) Subsection 4 (c) of the Act of October 15, 1966 (80 Stat. 928, 16 U.S.C. 668dd (c)), is further amended by revising the second sentence thereof to read as follows: "With the exception of endangered species and threatened species listed by the Secretary pursuant to sec 87 STAT. 901 87 STAT. 902 tion 4 of the Endangered Species Act of 1973 in States wherein a Ante, p. 886. cooperative agreement does not exist pursuant to section 6(c) of that Act, nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife on lands not within the system. (b) Subsection 10(a) of the Migratory Bird Conservation Act (45 Stat. 1224, 16 U.S.C. 715i (a)) and subsection 401(a) of the Act of 80 Stat. 929. June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s (a)), are each amended by 80 Stat. 930. striking out "threatened with extinction," and inserting in lieu thereof the following: "listed pursuant to section 4 of the Endangered Species Act of 1973 as endangered species or threatened species,". (c) Section 7(a) (I) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.`4601—9(a) (1)) is amended by striking out: 78 Stat. 897; "THREATENED SPECIES.-For any national area which may be 86 Stat. 459. authorized for the preservation of species of fish or wildlife that are threatened with extinction.' and inserting in lieu thereof the following: "ENDANGERED SPECIES AND THREATENED SPECIES.-For lands, waters, or interests therein, the acquisition of which is authorized under section 5 (a) of the Endangered Species Act of 1973, needed for the purpose of conserving endangered or threatened species of fish or wildlife or plants." (d) The first sentence of section 2 of the Act of September 28, 1962, Conservation as amended (76 Stat. 653, 16 U.S.C. 460k-1), is amended to read as areas. follows: "The Secretary is authorized to acquire areas of land, or interests therein, which are suitable for "(1) incidental fish and wildlife-oriented recreational development, "(2) the protection of natural resources, 3) the conservation of endangered species or threatened species listed by the Secretary pursuant to section 4 of the Endangered Species Act of 1973, or "(4) carrying out two or more of the purposes set forth in paragraphs (1) through (3) of this section, and are adjacent to, or within, the said conservation areas, except that the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps." (e) The Marine Mammal Protection Act of 1972 (16 U.S.C. 13611407) is amended (1) by striking out "Endangered Species Conservation Act of 1969" in section 3(1) (B) thereof and inserting in lieu thereof the following: "Endangered Species Act of 1973"; (2) by striking out "pursuant to the Endangered Species Conservation Act of 1969 in section 101 (a) (3) (B) thereof and inserting in lieu thereof the following: "or threatened species pursuant to the Endangered Species Act of 1973"; (3) by striking out "endangered under the Endangered Species Conservation Act of 1969" in section 102(b) (3) thereof and inserting in lieu thereof the following: "an endangered species or threatened species pursuant to the Endangered Species Act of 1973"; and 86 Stat. 1063. 87 STAT. 902 87 STAT. 903 86 Stat. 1027. 16 USC 1362. Ante, p. 884. 16 USC 1402. 86 Stat. 973. 7 USC 136 note. 80 Stat. 926. 83 Stat. 275. '87 STAT. 903 (4) by striking out "of the Interior such revisions of the Endangered Species List, authorized by the Endangered Species Conservation Act of 1969," in section 202 (a) (6) thereof and inserting in lieu thereof the following: "such revisions of the endangered species list and threatened species list published pursuant to section 4 (c) (1) of the Endangered Species Act of 1973". (f) Section 2(1) of the Federal Environmental Pesticide Control Act of 1972 (Public Law 92-516) is amended by striking out the words "by the Secretary of the Interior under Public Law 91-135" and inserting in lieu thereof the words "or threatened by the Secretary pursuant to the Endangered Species Act of 1973". REPEALER SEC. 14. The Endangered Species Conservation Act of 1969 (sections 1 through 3 of the Act of October 15, 1966, and sections 1 through 6 of the Act of December 5, 1969; 16 U.S.C. 668aa-668cc-6), is repealed. AUTHORIZATION OF APPROPRIATIONS SEC. 15. Except as authorized in section 6 of this Act, there are authorized to be appropriated (A) not to exceed $4,000,000 for fiscal year 1974, not to exceed $8,000,000 for fiscal year 1975 and not to exceed $10,000,000 for fiscal year 1976, to enable the Department of the Interior to carry out such functions and responsibilities as it may have been given under this Act; and (B) not to exceed $2,000,000 for fiscal year 1974, $1,500,000 for fiscal year 1975 and not to exceed $2,000,000 for fiscal year 1976, to enable the Department of Commerce to carry out such functions and responsibilities as it may have been given under this Act. EFFECTIVE DATE SEC. 16. This Act shall take effect on the date of its enactment. MARINE MAMMAL PROTECTION ACT OF 1972 SEC. 17. Except as otherwise provided in this Act, no provision of this Act shall take precedence over any more restrictive conflicting 86 Stat. 1027. provision of the Marine Mammal Protection Act of 1972. Approved December 28, 1973. 16 USC 1361 note. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-412 (Comm. on Merchant Marine and Fisheries) and No. 93-740 (Comm. of Conference). SENATE REPORT No. 93-307 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 119 (1973): July 24, considered and passed Senate. Sept. 18, considered and passed House, amended, in lieu of H. R. 37. Deo. 19, Senate agreed to conference report. Dec. 20, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENT, Vol. 10, No. 1 (1974): Dec. 28, 1973, Presidential statement. Public Law 93-242 93rd Congress, H. R. 8529 January 2, 1974 An Act To implement the shrimp fishing agreement with Brazil, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Offshore Shrimp be cited as the "Offshore Shrimp Fisheries Act of 1973". Fisheries Act of 1973. DEFINITIONS SEC. 2. When used in this Act (a) the term "treaty" shall mean the Agreement Between the Government of the Federative Republic of Brazil and the Gov ernment of the United States of America Concerning Shrimp, 24 UST 923. signed on May 9, 1972, including related annexes, notes, and agreed 87 STAT. 1061 minutes, as these documents may be amended from time to time; 87 STAT. 1062 (b) the term "shrimp" shall mean the shrimp Penaeus (M.) duorarum notialis, Penaeus brasiliensis, and Penaeus (M.) aztecus subtilis; (c) the term "area of agreement" shall mean the area in which United States vessels carry on a shrimp fishery in the vicinity of Brazil, as described by the following boundaries: the waters off the coast of Brazil having the isobath of thirty meters as the southwest limit, the latitude 1 degree north as the southern limit, the longitude 47 degrees 30 minutes west as the eastern limit, and a line running from the point of 4 degrees 44 minutes north latitude, 51 degrees 30 minutes west longitude at an azimuth of 17 degrees to the point of 4 degrees 51 minutes north latitude, 51 degrees 28 minutes west longitude and thence at an azimuth of 48 degrees to the point of 8 degrees 58 minutes north latitude, 47 degrees 30 minutes west longitude as the northwestern boundary; (d) the term "vessel" shall mean every description of watercraft or other contrivance used, or capable of being used, as a means of transportation in water; (e) the term "Secretary" shall mean the Secretary of Commerce or his delegate; (f) the term "transship" shall mean the transfer of shrimp from one vessel to another vessel, or the receipt of shrimp by one vessel from another vessel; (g) the term "fishing" shall mean the taking or attempted taking of shrimp by any means whatsoever; (h) the term "vessel owner" shall mean any person, partnership, corporation, or association which is the owner of record of a vessel documented under the laws of the United States, except that, with respect to sections 4 and 5 hereof, the Secretary may issue such regulations as he deems appropriate to cover applications for and issuance of letters of voluntary compliance and permits with respect to vessels owned by corporations which are owned or controlled by one or more other corporations; (i) the term "regulations" shall mean rules and regulations issued by the Secretary from time to time as he deems necessary to carry out the purposes and objectives of the treaty and this Act; and (j) the term "gear" when applied to any vessel involved in a violation shall mean any single set of net and doors for a single trawl vessel, or for a vessel capable of towing more than one set at a time, as many sets of net and doors as the vessel is capable of towing: Provided, That if the vessel owner, master, or other person in charge of the vessel can show that a particular set (or 87 STAT. 1062 87 STAT. 1063 Limitation. Annual renewal. Fee. sets) of net and doors was actually involved in the violation, then that set (or sets) shall be deemed to be the gear of the vessel involved in the violation. PERMITS SEC. 3. (a) The Secretary is authorized to issue permits to vessel owners for vessels documented under the laws of the United States to engage in fishing in the area of agreement: Provided. That the number of vessels which are the subject of permits shall not exceed three hundred and twenty-five or such other number of vessels as may be specified in the treaty from time to time as authorized to fish in the area of agreement. No vessel owner may be issued a permit with respect to a vessel unless such vessel meets the requirements of the treaty, the Act, and the regulations. (b) Except as provided in section 4(d), a permit shall be valid only for the vessel with respect to which it is issued and shall not cover more than one vessel, except that a vessel owner may, with the prior consent of the Secretary, transfer a permit to another vessel whether or not owned by the same vessel owner. (c) Permits shall be issued for a calendar year, and may be renewed annually. (d) Permits shall contain such provisions, and shall be issued upon. and subject to, such terms and conditions as the Secretary deems necessary to carry out the treaty, the Act, and the regulations. Permit provisions may include, but are not limited to (i) the manner, place, and time of conducting fishing operations, (ii) the keeping of records. (iii) the furnishing of information to the Secretary, (iv) the identification and marking of the vessels, (v) limitations on transshipment operations, (vi) restrictions or prohibitions on the employment on any permitted ves el of a master or other person against whom a civil penalty has been assessed pursuant to section 9, (vii) prohibited activities, (viii) revocation of permit for failure to pay a civil penalty assessed against a vessel owner pursuant to section 9, and (ix) the maintaining of an office in the United States by the holder of a permit at which all notices, legal documents, and other material may be served. Permits may be suspended or revoked by the Secretary for failure to comply with any of the terms or conditions thereof, or with the treaty. this Act or the regulations. Upon any such suspension or revocation, the permittee shall be afforded a prompt opportunity, after due notice, for à hearing by the Secretary. The decision of the Secretary rendered in connection with such hearing shall be final and binding. (e) Permits may be returned to the Secretary. In addition, the Secretary may issue regulations requiring the return of unutilized permits under such circumstances and upon such terms and conditions as he deems appropriate. If the Secretary reissues a permit to another vessel owner, a prorated amount of the annual permit fee for the portion of the year during which the permit is held by another vessel owner shall be refunded to the original permittee. Except as specified in this subsection (e) and in section 4(c), permit fees shall not be prorated. (f) The annual fee for a permit for any year other than 1973 shall be $615 for enforcement services plus an amount of not more than $100, as determined by the Secretary, for the purpose of covering |