§ 1532. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1532]
TITLE 16--CONSERVATION
CHAPTER 35--ENDANGERED SPECIES
Sec. 1532. Definitions
For the purpose of this chapter--
(1) 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 purpose of
facilitating such buying and selling: 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 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
pressures 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)(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 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 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 1533 of this title, 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) 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
(including any migratory, nonmigratory, or endangered 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.
(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.
(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, Sec. 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 person 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, 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) 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 Numbered 4 of 1970; except that with respect to
the enforcement of the provisions of this chapter and the Convention
which pertain to the importation or exportation of terrestrial
plants, the term also means the Secretary of Agriculture.
(16) The term ``species'' includes any subspecies 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 several States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, and the Trust Territory of the
Pacific Islands.
(18) The term ``State agency'' means any State agency,
department, board, commission, or other governmental entity which is
responsible 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 endangered 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, Sec. 3, Dec. 28, 1973, 87 Stat. 885; Pub. L. 94-359,
Sec. 5, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, Sec. 2, Nov. 10,
1978, 92 Stat. 3751; Pub. L. 96-159, Sec. 2, Dec. 28, 1979, 93 Stat.
1225; Pub. L. 97-304, Sec. 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L.
100-478, title I, Sec. 1001, Oct. 7, 1988, 102 Stat. 2306.)
References in Text
The customs laws of the United States, referred to in par. (10), are
classified generally to Title 19, Customs Duties.
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 Appendix to Title 5, Government
Organization and Employees.
Amendments
1988--Par. (13). Pub. L. 100-478, Sec. 1001(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: ``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.''
Par. (15). Pub. L. 100-478, Sec. 1001(b), inserted ``also'' before
``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 endangered or threatened species, or (B)
result in the adverse modification or destruction of a critical
habitat''.
1978--Pars. (1) to (4). Pub. L. 95-632, Sec. 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, Sec. 2(2), (7), added par. (5). Former
par. (5) redesignated (8).
Par. (6). Pub. L. 95-632, Sec. 2(7), redesignated former par. (4) as
(6). Former par. (6) redesignated (9).
Par. (7). Pub. L. 95-632, Sec. 2(3), (7), added par. (7). Former
par. (7) redesignated (10).
Pars. (8) to (10). Pub. L. 95-632, Sec. 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, Sec. 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, Sec. 2(7), redesignated former
pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to
(15) redesignated as (18) to (20), respectively.
Par. (16). Pub. L. 95-632, Sec. 2(5), (7), redesignated former par.
(11) as (16) and substituted ``and any distinct population segment of
any species of vertebrate fish or wildlife 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, Sec. 2(7), redesignated former par. (12)
as (17).
Par. (18). Pub. L. 95-632, Sec. 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, Sec. 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 commodities by museums or similar
cultural or historical organizations.'' after ``facilitating such buying
and selling''.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 1536 of this title.
