Browse Arkansas Code titles and sections
10 U.S.C. § 8635 — Establishment of the Southern Sea Otter
Federal law — U.S. Code and appendices · legal_authorities
Page 3317
TITLE 10—ARMED FORCES
§ 8635
2024’’ for ‘‘the Secretary of the Navy may conduct a
program’’.
Subsec. (e). Pub. L. 118–31, § 1248(a), struck out subsec.
(e). Text read as follows: ‘‘The Secretary of the Navy
may not accept the assignment of a member of the
naval service of a foreign country under this section
after September 30, 2008.’’
2018—Pub. L. 115–232 renumbered section 7234 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 8635. Establishment of the Southern Sea Otter
Military Readiness Areas
(a) ESTABLISHMENT.—The Secretary of the
Navy shall establish areas, to be known as
‘‘Southern Sea Otter Military Readiness Areas’’,
for national defense purposes. Such areas shall
include each of the following:
(1) The area that includes Naval Base Ven-
tura County, San Nicolas Island, and Begg
Rock and the adjacent and surrounding waters
within the following coordinates:
N. Latitude/W. Longitude
33°27.8′/119°34.3′
33°20.5′/119°15.5′
33°13.5′/119°11.8′
33°06.5′/119°15.3′
33°02.8′/119°26.8′
33°08.8′/119°46.3′
33°17.2′/119°56.9′
33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coro-
nado, San Clemente Island and the adjacent
and surrounding waters running parallel to
shore to 3 nautical miles from the high tide
line designated by part 165 of title 33, Code of
Federal Regulations, on May 20, 2010, as the
San Clemente Island 3NM Safety Zone.
(b) ACTIVITIES
WITHIN
THE
SOUTHERN
SEA
OTTER MILITARY READINESS AREAS.—
(1) INCIDENTAL
TAKINGS
UNDER
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Page 3317
TITLE 10—ARMED FORCES
§ 8635
2024’’ for ‘‘the Secretary of the Navy may conduct a
program’’.
Subsec. (e). Pub. L. 118–31, § 1248(a), struck out subsec.
(e). Text read as follows: ‘‘The Secretary of the Navy
may not accept the assignment of a member of the
naval service of a foreign country under this section
after September 30, 2008.’’
2018—Pub. L. 115–232 renumbered section 7234 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 8635. Establishment of the Southern Sea Otter
Military Readiness Areas
(a) ESTABLISHMENT.—The Secretary of the
Navy shall establish areas, to be known as
‘‘Southern Sea Otter Military Readiness Areas’’,
for national defense purposes. Such areas shall
include each of the following:
(1) The area that includes Naval Base Ven-
tura County, San Nicolas Island, and Begg
Rock and the adjacent and surrounding waters
within the following coordinates:
N. Latitude/W. Longitude
33°27.8′/119°34.3′
33°20.5′/119°15.5′
33°13.5′/119°11.8′
33°06.5′/119°15.3′
33°02.8′/119°26.8′
33°08.8′/119°46.3′
33°17.2′/119°56.9′
33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coro-
nado, San Clemente Island and the adjacent
and surrounding waters running parallel to
shore to 3 nautical miles from the high tide
line designated by part 165 of title 33, Code of
Federal Regulations, on May 20, 2010, as the
San Clemente Island 3NM Safety Zone.
(b) ACTIVITIES
WITHIN
THE
SOUTHERN
SEA
OTTER MILITARY READINESS AREAS.—
(1) INCIDENTAL
TAKINGS
UNDER
ENDANGERED
SPECIES ACT OF 1973.—Sections 4 and 9 of the
Endangered Species Act of 1973 (16 U.S.C. 1533,
1538) shall not apply with respect to the inci-
dental taking of any southern sea otter in the
Southern Sea Otter Military Readiness Areas
in the course of conducting a military readi-
ness activity.
(2) INCIDENTAL TAKINGS UNDER MARINE MAM-
MAL PROTECTION ACT OF 1972.—Sections 101 and
102 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371, 1372) shall not apply with
respect to the incidental taking of any south-
ern sea otter in the Southern Sea Otter Mili-
tary Readiness Areas in the course of con-
ducting a military readiness activity.
(3) TREATMENT AS SPECIES PROPOSED TO BE
LISTED.—For purposes of conducting a mili-
tary readiness activity, any southern sea otter
while within the Southern Sea Otter Military
Readiness Areas shall be treated for the pur-
poses of section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536) as a member of a
species that is proposed to be listed as an en-
dangered species or a threatened species under
section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533).
(c) REMOVAL.—Nothing in this section or any
other Federal law shall be construed to require
that any southern sea otter located within the
Southern Sea Otter Military Readiness Areas be
removed from the Areas.
(d) REVISION OR TERMINATION OF EXCEPTIONS.—
The Secretary of the Interior may revise or ter-
minate the application of subsection (b) if the
Secretary of the Interior, in consultation with
the Secretary of the Navy, determines that mili-
tary activities occurring in the Southern Sea
Otter Military Readiness Areas are impeding the
southern sea otter conservation or the return of
southern sea otters to optimum sustainable pop-
ulation levels.
(e) MONITORING.—
(1) IN GENERAL.—The Secretary of the Navy
shall conduct monitoring and research within
the Southern Sea Otter Military Readiness
Areas to determine the effects of military
readiness activities on the growth or decline
of the southern sea otter population and on
the near-shore ecosystem. Monitoring and re-
search parameters and methods shall be deter-
mined in consultation with the Service.
(2) REPORTS.—Not later than November 25,
2017, and every three years thereafter, the Sec-
retary of the Navy shall report to Congress
and the public on monitoring undertaken pur-
suant to paragraph (1).
(f) DEFINITIONS.—In this section:
(1) SOUTHERN SEA OTTER.—The term ‘‘south-
ern sea otter’’ means any member of the sub-
species Enhydra lutris nereis.
(2) TAKE.—The term ‘‘take’’—
(A) when used in reference to activities
subject to regulation by the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.),
shall have the meaning given such term in
that Act; and
(B) when used in reference to activities
subject to regulation by the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.)
shall have the meaning given such term in
that Act.
(3) INCIDENTAL
TAKING.—The term ‘‘inci-
dental taking’’ means any take of a southern
sea otter that is incidental to, and not the
purpose of, the carrying out of an otherwise
lawful activity.
(4) MILITARY READINESS ACTIVITY.—The term
‘‘military readiness activity’’ has the meaning
given that term in section 315(f) of the Bob
Stump National Defense Authorization Act for
Fiscal Year 2003 (16 U.S.C. 703 note) and in-
cludes all training and operations of the
armed forces that relate to combat and the
adequate and realistic testing of military
equipment, vehicles, weapons, and sensors for
proper operation and suitability for combat
use.
(5) OPTIMUM SUSTAINABLE POPULATION.—The
term
‘‘optimum
sustainable
population’’
means, with respect to any population stock,
the number of animals that will result in the
maximum productivity of the population or
Page 3318
TITLE 10—ARMED FORCES
§ 8635
the species, keeping in mind the carrying ca-
pacity of the habitat and the health of the
ecosystem of which they form a constituent
element.
(Added Pub. L. 114–92, div. A, title III, § 312(a),
Nov. 25, 2015, 129 Stat. 787, § 7235; amended Pub.
L. 115–91, div. A, title X, § 1081(a)(50), Dec. 12,
2017, 131 Stat. 1597; renumbered § 8635, Pub. L.
115–232, div. A, title VIII, § 807(d)(1), Aug. 13, 2018,
132 Stat. 1836.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (f)(2)(A), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat.
884, which is classified principally to chapter 35 (§ 1531
et seq.) of Title 16, Conservation. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1531 of Title 16 and Tables.
The Marine Mammal Protection Act of 1972, referred
to in subsec. (f)(2)(B), is Pub. L. 92–522, Oct. 21, 1972, 86
Stat. 1027, which is classified generally to chapter 31
(§ 1361 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title
note set out under section 1361 of Title 16 and Tables.
Section 315 of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003, referred to in sub-
sec. (f)(4), is section 315 of Pub. L. 107–314, which is set
out as a note under section 703 of Title 16, Conserva-
tion.
PRIOR PROVISIONS
A prior section 8635, act Aug. 10, 1956, ch. 1041, 70A
Stat. 532, set forth restrictions on civilian employment
for enlisted members of Air Force on active duty, prior
to repeal by Pub. L. 90–235, § 6(a)(7), Jan. 2, 1968, 81 Stat.
762.
A prior section 8639 was renumbered section 9239 of
this title.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 7235 of this
title as this section.
2017—Subsec. (e)(2). Pub. L. 115–91 substituted ‘‘No-
vember 25, 2017,’’ for ‘‘24 months after the date of the
enactment of this section’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
CHAPTER 863—NAVAL VESSELS
Sec.
8661.
Classification.
8662.
Naming.
8663.
Number in service in time of peace.
8664.
Suspension of construction in case of treaty.
8667.
Changing category or type: limitations.
8669.
Contracts: applicability of chapter 65 of title
41.
8669a.
Construction of combatant and escort vessels
and assignment of vessel projects.
8669b.
Senior Technical Authority for each naval
vessel class.
8669c.
Assessments required prior to start of con-
struction on first ship of a shipbuilding pro-
gram.
8670.
Contracts for nuclear ships: sales of naval
shipyard articles and services to private
shipyards.
Sec.
8671.
Determination of vessel delivery dates.
8673.
Model basin; investigation of hull designs.
8674.
Examination of vessels; striking of vessels
from Naval Vessel Register.
8675.
Vessels stricken from Naval Vessel Register:
sale.
8675a.
Vessels stricken from Naval Vessel Register:
contracts for dismantling on net-cost basis.
8676.
Vessels stricken from Naval Vessel Register;
captured vessels: conveyance by donation.
8676a.
Vessels stricken from Naval Vessel Register:
use for experimental purposes.
8676b.
Vessels stricken from Naval Vessel Register:
transfer by gift or otherwise for use as arti-
ficial reefs.
8677.
Disposals to foreign nations.
8678.
Chief of Naval Operations: certification re-
quired for disposal of combatant vessels.
8678a.
Limitation on decommissioning or inac-
tivating a battle force ship before the end of
expected service life.
8679.
Construction of vessels in foreign shipyards:
prohibition.
8679a.
Contracting with shipyards controlled by a
foreign adversary country: prohibition.
8680.
Overhaul, repair, etc. of vessels in foreign
shipyards: restrictions.
8681.
Repair or maintenance of naval vessels: han-
dling of hazardous waste.
8682.
Service craft stricken from Naval Vessel Reg-
ister; obsolete boats: use of proceeds from
exchange or sale.
8683.
Ship overhaul work: availability of appropria-
tions for unusual cost overruns and for
changes in scope of work.
8684.
Overhaul of naval vessels: competition be-
tween public and private shipyards.
[8684a.
Omitted.]
8685.
Preservation of Navy shipbuilding capability.
8686.
Support for transfers of decommissioned ves-
sels and shipboard equipment.
8687.
Status of Government rights in the designs of
vessels, boats, and craft, and components
thereof.
8688.
Warranty requirements for shipbuilding con-
tracts.
[8688a.
Omitted.]
8689.
Requirements for availability of funds relat-
ing to advanced naval nuclear fuel systems
based on low-enriched uranium.
8690.
Limitation on length of overseas forward de-
ployment of naval vessels.
8691.
Nuclear-powered aircraft carriers: dismantle-
ment and disposal.
8692.
Ford-class aircraft carriers: cost limitation
baselines.
8693.
Biennial report on shipbuilder training and
the defense industrial base.
8694.
Annual report on ship maintenance.
8695.
Navy battle force ship assessment and re-
quirement reporting.
8696.
Navy shipbuilding workforce development
special incentive.
8697.
Battle force ship employment, maintenance,
and manning baseline plans.
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–159, div. A, title X, § 1025, Dec. 23,
2024, 138 Stat. 2055, added item 8679a. Amendment was
made pursuant to operation of section 102 of this title.
2023—Pub. L. 118–31, div. A, title XVIII, § 1801(a)(39),
Dec. 22, 2023, 137 Stat. 685, renumbered item 8696 ‘‘Bat-
tle force ship employment, maintenance, and manning
baseline plans’’ as 8697. Amendment was made pursuant
to operation of section 102 of this title.
2022—Pub. L. 117–263, div. A, title I, § 122(b), title X,
§ 1026(b), Dec. 23, 2022, 136 Stat. 2443, 2767, added two
items 8696.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(b) Activities Within the Southern Sea Otter Military Readiness Areas.—**
(1) **Incidental takings under endangered species act of 1973.—** — Sections 4 and 9 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(2) **Incidental takings under marine mammal protection act of 1972.—** — Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conduc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8635
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1361. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1763
TITLE 16—CONSERVATION
§ 1361
(Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85
Stat. 651, renumbered Pub. L. 94–579, title IV,
§ 404, Oct. 21, 1976, 90 Stat. 2775.)
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of this section relating to the Secretaries of the Inte-
rior and Agriculture submitting a joint report to Con-
gress every twenty-four months on the administration
of this chapter, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 147 of House Docu-
ment No. 103–7.
CHAPTER 31—MARINE MAMMAL
PROTECTION
SUBCHAPTER I—GENERALLY
Sec.
1361.
Congressional findings and declaration of pol-
icy.
1362.
Definitions.
SUBCHAPTER II—CONSERVATION AND
PROTECTION OF MARINE MAMMALS
1371.
Moratorium on taking and importing marine
mammals and marine mammal products.
1372.
Prohibitions.
1373.
Regulations on taking of marine mammals.
1374.
Permits.
1375.
Penalties.
1375a.
Use of fines for protection and recovery of
manatees, polar bears, sea otters, and wal-
ruses.
1376.
Seizure and forfeiture of cargo.
1377.
Enforcement.
1378.
International program.
1379.
Transfer of management authority.
1380.
Marine mammal research grants.
1381.
Commercial fisheries gear development.
1382.
Regulations and administration.
1383.
Application to other treaties and conven-
tions.
1383a.
Interim exemption for commercial fisheries.
1383b.
Status review; conservation plans.
1384.
Authorization of appropriations.
1385.
Dolphin protection.
1386.
Stock assessments.
1387.
Taking of marine mammals incidental to
commercial fishing operations.
1388.
Marine mammal cooperative a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1361
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1361. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases:
(1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1371
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Federal law — U.S. Code and appendices · legal_authorities
Page 1769
TITLE 16—CONSERVATION
§ 1371
[The Secretary of Commerce made the certification
referred to in section 8(a)(1) of Pub. L. 105–42, set out
above, on July 27, 1998, and the Secretary of State made
the certification referred to in section 8(a)(2) of Pub. L.
105–42 on Mar. 3, 1999.]
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–238, § 24(e), Apr. 30, 1994, 108 Stat. 566, pro-
vided that: ‘‘The amendments made by subsection (a)
[amending this section] shall be effective as if enacted
as part of section 3004 of the Marine Mammal Health
and Stranding Response Act (106 Stat. 5067) [Pub. L.
102–587].’’
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–251 effective on date on
which Agreement between United States and Union of
Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990, enters into force for United States,
with authority to prescribe implementing regulations
effective Mar. 9, 1992, but with no such regulation to be
effective until date on which Agreement enters into
force for United States, see section 308 of Pub. L.
102–251, set out as a note under section 773 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–265, title IV, § 404(b), Apr. 13, 1976, 90 Stat.
361, provided that the amendment made by section
404(a) of Pub. L. 94–265 to this section was to take effect
Mar. 1, 1977, prior to the general amendment of title IV
of Pub. L. 94–265 by Pub. L. 104–297.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1371
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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 Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(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, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1531
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1531. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1531. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally**
(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued existence.
(2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970—
(A) in any case in which the Secretary of Commerce determines that such species should—
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered species,
he shall so inform the Secretary of the Interior; who shall list such species in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that such species should—
(i) be removed from any list published pursuant to subsection (c) of this section, or
(ii) be changed in status from an endangered species to a threatened species,
he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement such action; and
(C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commer
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1533
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1533. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1913
TITLE 16—CONSERVATION
§ 1533
(18) The term ‘‘State agency’’ means any
State agency, department, board, commission,
or other governmental entity which is respon-
sible for the management and conservation of
fish, plant, or wildlife resources within a
State.
(19) 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) The term ‘‘threatened species’’ means
any species which is likely to become an en-
dangered species within the foreseeable future
throughout all or a significant portion of its
range.
(21) The term ‘‘United States’’, when used in
a geographical context, includes all States.
(Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885; Pub.
L. 94–359, § 5, July 12, 1976, 90 Stat. 913; Pub. L.
95–632, § 2, Nov. 10, 1978, 92 Stat. 3751; Pub. L.
96–159, § 2, Dec. 28, 1979, 93 Stat. 1225; Pub. L.
97–304, § 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L.
100–478, title I, § 1001, Oct. 7, 1988, 102 Stat. 2306.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81
Stat. 884, known as the Endangered Species Act of 1973,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1531 of this title and
Tables.
Reorganization Plan Numbered 4 of 1970, referred to
in par. (15), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, which is set out in the Ap-
pendix to Title 5, Government Organization and Em-
ployees.
AMENDMENTS
1988—Par. (13). Pub. L. 100–478, § 1001(a), amended par.
(13) generally. Prior to amendment, par. (13) read as
follows: ‘
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1533
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1533. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal agency actions and consultations**
(1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim).
(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1536
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1536. This identifies an authority to review, not proof of applicability.