16 U.S.C. § 1532 — Definitions

Page 1911 TITLE 16—CONSERVATION § 1532 sharks, tuna, and turtles has beneficial economic, so- cial, and environmental impacts that are important to all nations. Wildlife trafficking reduces those benefits while generating billions of dollars in illicit revenues each year, contributing to the illegal economy, fueling instability, and undermining security. Also, the pre- vention of trafficking of live animals helps us control the spread of emerging infectious diseases. For these reasons, it is in the national interest of the United States to combat wildlife trafficking. In order to enhance domestic efforts to combat wild- life trafficking, to assist foreign nations in building ca- pacity to combat wildlife trafficking, and to assist in combating transnational organized crime, executive de- partments and agencies (agencies) shall take all appro- priate actions within their authority, including the promulgation of rules and regulations and the provi- sion of technical and financial assistance, to combat wildlife trafficking in accordance with the following objectives: (a) in appropriate cases, the United States shall seek to assist those governments in anti-wildlife trafficking activities when requested by foreign nations experi- encing trafficking of protected wildlife; (b) the United States shall promote and encourage the development and enforcement by foreign nations of effective laws to prohibit the illegal taking of, and trade in, these species and to prosecute those who en- gage in wildlife trafficking, including by building ca- pacity; (c) in concert with the international community and partner organizations, the United States shall seek to combat wildlife trafficking; and (d) the United States shall seek to reduce the demand for illegally traded wildlife, both at home and abroad, while allowing legal and legitimate commerce involv- ing wildlife. SEC. 2. Establishment. There is established a Presi- dential Task Force on Wildlife Trafficking (Task Force), to be co-chaired by the Secretary of State, Sec- retary of the Interior, and the Attorney General (Co- Chairs), or their designees, who shall report to the President through the National Security Advisor. The Task Force shall develop and implement a National Strategy for Combating Wildlife Trafficking in accord- ance with the objectives outlined in section 1 of this order, consistent with section 4 of this order. SEC. 3. Membership. (a) In addition to the Co-Chairs, the Task Force shall include designated senior-level representatives from: (i) the Department of the Treasury; (ii) the Department of Defense; (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Transportation; (vi) the Department of Homeland Security; (vii) the United States Agency for International De- velopment; (viii) the Office of the Director of National Intel- ligence; (ix) the National Security Staff; (x) the Domestic Policy Council; (xi) the Council on Environmental Quality; (xii) the Office of Science and Technology Policy; (xiii) the Office of Management and Budget; (xiv) the Office of the United States Trade Represent- ative; and (xv) such agencies and offices as the Co-Chairs may, from time to time, designate. (b) The Task Force shall meet not later than 60 days from the date of this order and periodically thereafter. SEC. 4. Functions. Consistent with the authorities and responsibilities of member agencies, the Task Force shall perform the following functions: (a) not later than 180 days after the date of this order, produce a National Strategy for Combating Wildlife Trafficking that shall include consideration of issues relating to combating trafficking and curbing con- sumer demand, including: (i) effective support for anti-poaching activities; (ii) coordinating regional law enforcement efforts; (iii)developing and supporting effective legal enforce- ment mechanisms; and (iv) developing strategies to reduce illicit trade and reduce consumer demand for trade in protected species; (b) not later than 90 days from the date of this order, review the Strategy to Combat Transnational Orga- nized Crime of July 19, 2011, and, if appropriate, make recommendations regarding the inclusion of crime re- lated to wildlife trafficking as an implementation ele- ment for the Federal Government’s transnational orga- nized crime strategy; (c) coordinate efforts among and consult with agen- cies, as appropriate and consistent with the Depart- ment of State’s foreign affairs role, regarding work with foreign nations and international bodies that monitor and aid in enforcement against crime related to wildlife trafficking; and (d) carry out other functions necessary to implement this order. SEC. 5. Advisory Council on Wildlife Trafficking. Not later than 180 days from the date of this order, the Sec- retary of the Interior (Secretary), in consultation with the other Co-Chairs of the Task Force, shall establish an Advisory Council on Wildlife Trafficking (Advisory Council) that shall make recommendations to the Task Force and provide it with ongoing advice and assist- ance. The Advisory Council shall have eight members, one of whom shall be designated by the Secretary as the Chair. Members shall not be employees of the Fed- eral Government and shall include knowledgeable indi- viduals from the private sector, former governmental officials, representatives of nongovernmental organiza- tions, and others who are in a position to provide ex- pertise and support to the Task Force. SEC. 6. General Provisions. (a) This order shall be im- plemented consistent with applicable domestic and international law, and subject to the availability of ap- propriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof, or the status of that department or agency within the Federal Govern- ment; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (the ‘‘Act’’), may apply to the Advisory Council, any functions of the President under the Act, except for that of reporting to the Congress, shall be per- formed by the Secretary in accordance with the guide- lines issued by the Administrator of General Services. (e) The Department of the Interior shall provide fund- ing and administrative support for the Task Force and Advisory Council to the extent permitted by law and consistent with existing appropriations. BARACK OBAMA. [Reference to the National Security Staff to be un- derstood to refer to the staff of the National Security Council, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.] EXTENSION OF TERM OF ADVISORY COUNCIL ON WILDLIFE TRAFFICKING Term of Advisory Council on Wildlife Trafficking ex- tended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 1532. Definitions For the purposes of this chapter— Page 1912 TITLE 16—CONSERVATION § 1532 (1) The term ‘‘alternative courses of action’’ means all alternatives and thus is not limited to original project objectives and agency juris- diction. (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 purpose of facilitating such buying and sell- ing: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations. (3) The terms ‘‘conserve’’, ‘‘conserving’’, and ‘‘conservation’’ mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and proce- dures include, but are not limited to, all ac- tivities associated with scientific resources management such as research, census, law en- forcement, habitat acquisition and mainte- nance, propagation, live trapping, and trans- plantation, and, in the extraordinary case where population pressures within a given eco- system cannot be otherwise relieved, may in- clude regulated taking. (4) The term ‘‘Convention’’ means the Con- vention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and the appendices thereto. (5)(A) The term ‘‘critical habitat’’ for a threatened or endangered species means— (i) the specific areas within the geo- graphical area occupied by the species, at the time it is listed in accordance with the provisions of section 1533 of this title, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require spe- cial management considerations or protec- tion; 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 1533 of this title, upon a determina- tion by the Secretary that such areas are es- sential for the conservation of the species. (B) Critical habitat may be established for those species now listed as threatened or en- dangered species for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph. (C) Except in those circumstances deter- mined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endan- gered species. (6) 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 chapter 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) The term ‘‘fish or wildlife’’ means any member of the animal kingdom, including without limitation any mammal, fish, bird (in- cluding any migratory, nonmigratory, or en- dangered bird for which protection is also af- forded by treaty or other international agree- ment), amphibian, reptile, mollusk, crusta- cean, arthropod or other invertebrate, and in- cludes any part, product, egg, or offspring thereof, or the dead body or parts thereof. (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 ques- tion are moving in any country or countries outside the United States. (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) Repealed. Pub. L. 97–304, § 4(b), Oct. 13, 1982, 96 Stat. 1420. (12) 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 1536 of this title, any per- son whose application to such agency for a permit or license has been denied primarily because of the application of section 1536(a) of this title to such agency action. (13) The term ‘‘person’’ means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, em- ployee, agent, department, or instrumentality of the Federal Government, of any State, mu- nicipality, or political subdivision of a State, or of any foreign government; any State, mu- nicipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States. (14) The term ‘‘plant’’ means any member of the plant kingdom, including seeds, roots and other parts thereof. (15) 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 Num- bered 4 of 1970; except that with respect to the enforcement of the provisions of this chapter and the Convention which pertain to the im- portation or exportation of terrestrial plants, the term also means the Secretary of Agri- culture. (16) The term ‘‘species’’ includes any sub- species of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature. (17) The term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. 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: ‘‘The term ‘person’ means an individual, cor- poration, partnership, trust, association, or any other private entity, or any officer, employee, agent, depart- ment, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.’’ Par. (15). Pub. L. 100–478, § 1001(b), inserted ‘‘also’’ be- fore ‘‘means the Secretary of Agriculture’’. 1982—Par. (11). Pub. L. 97–304 struck out par. (11) which defined ‘‘irresolvable conflict’’ as, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 1536(a) of this title, completion of such action would violate section 1536(a)(2) of this title. 1979—Par. (11). Pub. L. 96–159 substituted ‘‘action would violate section 1536(a)(2) of this title’’ for ‘‘action would (A) jeopardize the continued existence of an en- dangered or threatened species, or (B) result in the ad- verse modification or destruction of a critical habitat’’. 1978—Pars. (1) to (4). Pub. L. 95–632, § 2(1), (7), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (6). Par. (5). Pub. L. 95–632, § 2(2), (7), added par. (5). Former par. (5) redesignated (8). Par. (6). Pub. L. 95–632, § 2(7), redesignated former par. (4) as (6). Former par. (6) redesignated (9). Par. (7). Pub. L. 95–632, § 2(3), (7), added par. (7). Former par. (7) redesignated (10). Pars. (8) to (10). Pub. L. 95–632, § 2(7), redesignated former pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (13) to (15), respectively. Pars. (11), (12). Pub. L. 95–632, § 2(4), (7), added pars. (11) and (12). Former pars. (11) and (12) redesignated (16) and (17), respectively. Pars. (13) to (15). Pub. L. 95–632, § 2(7), redesignated former pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to (15) redesignated as (18) to (20), re- spectively. Par. (16). Pub. L. 95–632, § 2(5), (7), redesignated former par. (11) as (16) and substituted ‘‘and any distinct popu- lation segment of any species of vertebrate fish or wild- life which interbreeds when mature’’ for ‘‘and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature’’. Former par. (16) redesignated (21). Par. (17). Pub. L. 95–632, § 2(7), redesignated former par. (12) as (17). Par. (18). Pub. L. 95–632, § 2(6), (7), redesignated former par. (13) as (18) and substituted ‘‘fish, plant, or wildlife’’ for ‘‘fish or wildlife’’. Pars. (19) to (21). Pub. L. 95–632, § 2(7), redesignated pars. (14) to (16) as (19) to (21), respectively. 1976—Par. (1). Pub. L. 94–359 inserted ‘‘: Provided, however, That it does not include exhibition of com- modities by museums or similar cultural or historical organizations.’’ after ‘‘facilitating such buying and selling’’. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1533. Determination of endangered species and threatened species (a) Generally (1) The Secretary shall by regulation promul- gated in accordance with subsection (b) deter- mine whether any species is an endangered spe- cies 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, rec- reational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affect- ing its continued existence. (2) With respect to any species over which pro- gram responsibilities have been vested in the Secretary of Commerce pursuant to Reorganiza- tion 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 Inte- rior; 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 pur- suant to subsection (c) of this section, or (ii) be changed in status from an endan- gered species to a threatened species, he shall recommend such action to the Sec- retary of the Interior, and the Secretary of the