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Endangered Species Act of 1973 - FWS

1 Endangered Species ACT OF 197331As amended by 94 325, June 30, 1976; 94 359, July 12, 1976; 95 212, Decem-ber 19, 1977; 95 632, November 10, 1978; 96 159, December 28, 1979; 97 304, October13, 1982; 98 327, June 25, 1984; and 100 478, October 7, 1988; 100 653, Novem-ber 14, 1988; and 100 707, November 23, material does not appear in Act. Sec. 1012 of 100 478, 102 Stat. 2314, Octo-ber 7, 1988, added sec. 18 of the Act but did not conform the table of contents of the Species ACT OF 19731AN ACT To provide for the conservation of Endangered and threatened Species offish, wildlife, and plants, and for other it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That this Act maybe cited as the Endangered Species Act of 1973.

[Sec. 18. Annual cost analysis by the Fish and Wildlife Service.2] FINDINGS, PURPOSES, AND POLICY SEC. 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

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Transcription of Endangered Species Act of 1973 - FWS

1 1 Endangered Species ACT OF 197331As amended by 94 325, June 30, 1976; 94 359, July 12, 1976; 95 212, Decem-ber 19, 1977; 95 632, November 10, 1978; 96 159, December 28, 1979; 97 304, October13, 1982; 98 327, June 25, 1984; and 100 478, October 7, 1988; 100 653, Novem-ber 14, 1988; and 100 707, November 23, material does not appear in Act. Sec. 1012 of 100 478, 102 Stat. 2314, Octo-ber 7, 1988, added sec. 18 of the Act but did not conform the table of contents of the Species ACT OF 19731AN ACT To provide for the conservation of Endangered and threatened Species offish, wildlife, and plants, and for other it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That this Act maybe cited as the Endangered Species Act of 1973.

2 TABLE OF CONTENTSSec. 2. Findings, purposes, and 3. 4. Determination of Endangered Species and threatened 5. Land 6. Cooperation with the 7. Interagency 8. International 8A. Convention 9. Prohibited 10. 11. Penalties and 12. Endangered 13. Conforming 14. 15. Authorization of 16. Effective 17. Marine Mammal Protection Act of 1972.[Sec. 18. annual cost analysis by the Fish and Wildlife ]FINDINGS, PURPOSES, AND POLICYSEC. 2. (a) FINDINGS. The Congress finds and declares that (1)various Species of fish, wildlife, and plants in theUnited States have been rendered extinct as a consequence ofeconomic growth and development untempered by adequateconcern and conservation;(2) other Species of fish, wildlife, and plants have been sodepleted in numbers that they are in danger of or threatenedwith extinction;(3) these Species of fish, wildlife, and plants are of esthetic,ecological, educational, historical, recreational, and scientificvalue to the Nation and its people.

3 (4) the United States has pledged itself as a sovereignstate in the international community to conserve to the extent4 Sec. 3 Endangered Species ACT OF 1973practicable the various Species of fish or wildlife and plantsfacing extinction, pursuant to (A) migratory bird treaties with Canada and Mexico;(B) the Migratory and Endangered Bird Treaty withJapan;(C) the Convention on Nature Protection and WildlifePreservation in the Western Hemisphere;(D) the International Convention for the NorthwestAtlantic Fisheries;(E) the International Convention for the High SeasFisheries of the North Pacific Ocean.

4 (F) the Convention on International Trade in Endan-gered 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 incen-tives, to develop and maintain conservation programs whichmeet national and international standards is a key to meetingthe Nation s international commitments and to better safe-guarding, for the benefit of all citizens, the Nation s heritagein fish, wildlife, and plants.(b) PURPOSES. The purposes of this Act are to provide ameans whereby the ecosystems upon which Endangered Species andthreatened Species depend may be conserved, to provide a programfor the conservation of such Endangered Species and threatenedspecies, and to take such steps as may be appropriate to achievethe purposes of the treaties and conventions set forth in subsection(a) of this section.

5 (c) POLICY. (1) It is further declared to be the policy of Con-gress that all Federal departments and agencies shall seek to con-serve Endangered Species and threatened Species and shall utilizetheir authorities in furtherance of the purposes of this Act.(2) It is further declared to be the policy of Congress that Fed-eral agencies shall cooperate with State and local agencies to re-solve water resource issues in concert with conservation of endan-gered Species .(16 1531)DEFINITIONSSEC. 3. For the purposes of this Act (1) The term alternative courses of action means all alter-natives and thus is not limited to original project objectives andagency jurisdiction.

6 (2) The term commercial activity means all activities of in-dustry and trade, including, but not limited to, the buying or sell-ing of commodities and activities conducted for the purpose of fa-cilitating such buying and selling: Provided, however, That it doesnot include exhibitions of commodities by museums or similar cul-tural or historical organizations.(3) The terms conserve, conserving, and conservation mean to use and the use of all methods and procedures which arenecessary to bring any Endangered Species or threatened Species tothe point at which the measures provided pursuant to this Act are5 Sec.

7 3 Endangered Species ACT OF 1973no longer necessary. Such methods and procedures include, but arenot limited to, all activities associated with scientific resourcesmanagement such as research, census, law enforcement, habitat ac-quisition and maintenance, propagation, live trapping, and trans-plantation, and, in the extraordinary case where population pres-sures within a given ecosystem cannot be otherwise relieved, mayinclude regulated taking.(4) The term Convention means the Convention on Inter-national Trade in Endangered Species of Wild Fauna and Flora,signed on March 3, 1973, and the appendices thereto.

8 (5)(A) The term critical habitat for a threatened or endan-gered Species means (i) the specific areas within the geographical area occupiedby the Species , at the time it is listed in accordance with theprovisions of section 4 of this Act, on which are found thosephysical or biological features (I) essential to the conservationof the Species and (II) which may require special managementconsiderations or protection; and(ii) specific areas outside the geographical area occupied bythe Species at the time it is listed in accordance with the provi-sions of section 4 of this Act, upon a determination by the Sec-retary that such areas are essential for the conservation of thespecies.

9 (B) Critical habitat may be established for those Species nowlisted as threatened or Endangered Species for which no criticalhabitat has heretofore been established as set forth in subpara-graph (A) of this paragraph.(C) Except in those circumstances determined by the Secretary,critical habitat shall not include the entire geographical area whichcan be occupied by the threatened or Endangered Species .(6) The term Endangered Species means any Species which isin danger of extinction throughout all or a significant portion of itsrange other than a Species of the Class Insecta determined by theSecretary to constitute a pest whose protection under the provi-sions of this Act would present an overwhelming and overridingrisk to man.

10 (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 ani-mal kingdom, including without limitation any mammal, fish, bird(including any migratory, nonmigratory, or Endangered bird forwhich protection is also afforded by treaty or other internationalagreement), amphibian, reptile, mollusk, crustacean, arthropod orother invertebrate, and includes any part, product, egg, or offspringthereof, 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 per-son in a foreign country.


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