(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.

11. 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

TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.

Sec. 3. Definitions.

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(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;

116 U.S.C. 1531 note.

216 U.S.C. 1531.

(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) 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".

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).

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) 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) 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.

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.

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.".