18. American Fisheries Promotion Act

Partial text of Public Law 96–561 [S. 2163], 94 Stat. 3275 at 3287, approved December 22, 1980

AN ACT To provide for the conservation and enhancement of the salmon and steelhead resources of the United States, assistance to treaty and nontreaty harvesters of those resources, and for other purposes.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

This title may be cited as the "American Fisheries Promotion Act".

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SEC. 211.2 UNITED STATES FISHERY TRADE OFFICERS.

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(a) APPOINTMENT.-For purposes of carrying out export promotion and other fishery development responsibilities, the Secretary of Commerce (hereinafter in this section referred to as the "Secretary") shall appoint not fewer than six officers who shall serve aboard to promote United States fishing interests. These officers shall be knowledgeable about the United States fishing industry, preferably with experience derived from the harvesting, processing, or marketing sectors of the industry or from the administration of fisheries programs. Such officers, who shall be employees of the Department of Commerce, shall have the designation of fishery trade officers.

(b) ASSIGNMENT.-Upon the request of the Secretary, the Secretary of State shall officially assign fishery trade officers to such diplomatic missions of the United States as the Secretary designates (three of which shall be those in Brussels, Belgium; Rome, Italy; and Tokyo, Japan) and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by foreign service personnel of comparable rank and salary.

(c) FUNCTIONS OF FISHERY TRADE OFFICERS.-The functions of fishery trade officers appointed under subsection (a) shall be

(1) to increase the effectiveness of United States fishery export promotion efforts through such activities as the coordination of market development efforts and the provision of services and facilities for exporters of United States fishery products;

116 U.S.C. 1801 note.

2 15 U.S.C. 1511b.

(2) to develop, maintain, and make available to interested persons listings of (A) trade, government, and other organizations that are concerned with, or have an interest in, international trade in United States fishery products, and (B) United States fishery products available for such trade;

(3) to prepare quarterly reports regarding (A) the supply, demand, and prices of each United States fishery product exported, or for which there may be export potential, to the foreign nation or area concerned, and (B) the trade barriers or incentives of such nation or area that affect imports of such products;

(4) to prepare weekly statements regarding the prices for each fishery product for which there may be United States export potential to the foreign nation or area concerned; and

(5) to carry out such other functions as the Secretary may require.

(d) ADMINISTRATION.-The Secretary of State and the Secretary shall enter into cooperative arrangements concerning the provision of office space, equipment, facilities, clerical services, and such other administrative support as may be required for fishery trade officers and their families.

19. Endangered Species Act of 1973, as amended

Partial text of Public Law 93-205 [S. 1983], 87 Stat. 884, approved December 28, 1973; as amended by Public Law 94-359 [S. 229], 90 Stat. 911, approved July 12, 1976; Public Law 95-632 [Endangered Species Act Amendments of 1978; S. 2899], 92 Stat. 3751, approved November 10, 1978; Public Law 96-159 [S. 1143], 93 Stat. 1225, approved December 28, 1979; Public Law 97-304 [Endangered Species Act Amendments of 1982; H.R. 6133], 96 Stat. 1411, approved October 13, 1982; Public Law 99-659 [S. 991], 100 Stat. 3706, approved November 14, 1986; Public Law 100-478 [H.R. 1467], 102 Stat. 2306, approved October 7, 1988; and by Public Law 100-653 (H.R. 4030], 102 Stat. 3825, approved November 14, 1988

AN ACT To provide for the conservation of endangered and threatened species of fish, wildlife, and plants, 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 be cited as the "Endangered Species Act of 1973".1

Sec. 4. Determination of endangered species and threatened species.
Sec. 5. Land acquisition.

Sec. 6. Cooperation with the States.

Sec. 7. Interagency cooperation.

Sec. 8. International cooperation.

Sec. 8A. Convention implementation.
Sec. 9. Prohibited acts.

Sec. 10. Exceptions.

Sec. 11. Penalties and enforcement.

Sec. 12. Endangered plants.

Sec. 13. Conforming amendments.

Sec. 14. Repealer.

Sec. 15. Authorization of appropriations.

Sec. 16. Effective date.

Sec. 17. Marine Mammal Protection Act of 1972.

FINDINGS, PURPOSES, AND POLICY

Sec. 2.2 (a) FINDINGS.-The Congress finds and declares that

116 U.S.C. 1531 note. Sec. 301 of Public Law 102-251 extensively amended the MagnusonStevens Fishery Conservation and Management Act (Public Law 94-265; 16 U.S.C. 1801 et seq.), including providing a new definition of "special areas" in sec. 3(24), redesignated as sec. 3(36) by sec. 405(a) of Public Law 104-297, as follows:

"The term "special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of American and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.".

Sec. 305 of Public Law 102-251 (106 Stat. 66) further 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.).".

216 U.S.C. 1531.

(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 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)4 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.

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

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

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)6 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 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) 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.

516 U.S.C. 1532.

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).

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

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).

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