16 U.S.C. § 1537a — Convention implementation

Page 1933 TITLE 16—CONSERVATION § 1537a § 1537a. Convention implementation (a) Management Authority and Scientific Author- ity 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 Con- vention 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 determina- tions 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 manage- ment practices; but is not required to make, or require any State to make, estimates of popu- lation size in making such determinations or giving such advice. (d) Reservations by the United States under Con- vention 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 ‘‘Sec- retary’’), 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 sub- section referred to as the ‘‘Western Conven- tion’’). 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 par- ties to the Western Convention and, to the ex- tent feasible and appropriate, with the partici- pation of State agencies, take such steps as are necessary to implement the Western Conven- tion. 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 im- plementation of cooperative measures to en- sure that such species will not become endan- gered or threatened; and (C) identification of measures that are nec- essary 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 Sec- retary and the Secretary of State shall submit a report to Congress describing those steps taken in accordance with the requirements of this sub- section and identifying the principal remaining actions yet necessary for comprehensive and ef- fective implementation of the Western Conven- tion. (4) The provisions of this subsection shall not be construed as affecting the authority, jurisdic- tion, or responsibility of the several States to manage, control, or regulate resident fish or wildlife under State law or regulations. (Pub. L. 93–205, § 8A, as added Pub. L. 96–159, § 6(a)(1), Dec. 28, 1979, 93 Stat. 1228; amended Pub. L. 97–304, § 5[(a)], Oct. 13, 1983, 96 Stat. 1421.) Editorial Notes AMENDMENTS 1982—Subsec. (c). Pub. L. 97–304, § 5[(a)](1), designated existing provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 97–304, § 5[(a)](2), substituted pro- visions relating to reservations by the United States under the Convention for provisions which had estab- lished an International Convention Advisory Commis- sion and had provided for its membership, staffing, and operation. Subsec. (e). Pub. L. 97–304, § 5[(a)](3), substituted pro- visions implementing the Convention on Nature Pro- tection and Wildlife Preservation in the Western Hemi- sphere 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 Con- vention on Nature Protection and Wildlife Preservation in the Western Hemisphere. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–304, § 5(b), Oct. 13, 1982, 96 Stat. 1422, pro- vided that: ‘‘The amendment made by paragraph (1) of subsection (a) [amending this section] shall take effect January 1, 1981.’’ 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 treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept 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 Page 1934 TITLE 16—CONSERVATION § 1538 Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. ENDANGERED SPECIES SCIENTIFIC AUTHORITY; INTERIM PERFORMANCE OF FUNCTIONS OF COMMISSION Pub. L. 96–159, § 6(b), Dec. 28, 1979, 93 Stat. 1230, pro- vided that until such time as the Chairman, Members, and Executive Secretary of the International Conven- tion 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. § 1538. Prohibited acts (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 sec- tion 1533 of this title it is unlawful for any per- son 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 spe- cies 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 a com- mercial activity, any such species; (F) sell or offer for sale in interstate or for- eign 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 pursu- ant 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 jurisdic- tion; 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 com- mercial activity, any such species; (D) sell or offer for sale in interstate or for- eign 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 au- thority provided by this chapter. (b) Species held in captivity or controlled envi- ronment (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 subse- quent 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 oc- curs 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) 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 para- graph, and shall maintain and submit to the Secretary, on request, such inventories, docu- mentation, and records as the Secretary may by regulation require as being reasonably appro- priate to carry out the purposes of this para- graph. Such requirements shall not unneces- sarily 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 pro- visions 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 Con- vention, (B) the taking and exportation of such fish or wildlife is not contrary to the provisions of the Convention and all other applicable re- quirements of the Convention have been satis- fied, (C) the applicable requirements of sub- sections (d), (e), and (f) of this section have been satisfied, and