§ 1533. — Determination of endangered species and threatened species.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1533]
TITLE 16--CONSERVATION
CHAPTER 35--ENDANGERED SPECIES
Sec. 1533. Determination of endangered species and threatened
species
(a) Generally
(1) The Secretary shall by regulation promulgated in accordance with
subsection (b) of this section 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 Commerce.
(3) The Secretary, by regulation promulgated in accordance with
subsection (b) of this section and to the maximum extent prudent and
determinable--
(A) shall, concurrently with making a determination under
paragraph (1) that a species is an endangered species or a
threatened species, designate any habitat of such species which is
then considered to be critical habitat; and
(B) may, from time-to-time thereafter as appropriate, revise
such designation.
(b) Basis for determinations
(1)(A) The Secretary shall make determinations required by
subsection (a)(1) of this section solely on the basis of the best
scientific and commercial data available to him after conducting a
review of the status of the species and after taking into account those
efforts, if any, being made by any State or foreign nation, or any
political subdivision of a State or foreign nation, to protect such
species, whether by predator control, protection of habitat and food
supply, or other conservation practices, within any area under its
jurisdiction; or on the high seas.
(B) In carrying out this section, the Secretary shall give
consideration to species which have been--
(i) designated as requiring protection from unrestricted
commerce by any foreign nation, or pursuant to any international
agreement; or
(ii) identified as in danger of extinction, or likely to become
so within the foreseeable future, by any State agency or by any
agency of a foreign nation that is responsible for the conservation
of fish or wildlife or plants.
(2) The Secretary shall designate critical habitat, and make
revisions thereto, under subsection (a)(3) of this section on the basis
of the best scientific data available and after taking into
consideration the economic impact, and any other relevant impact, of
specifying any particular area as critical habitat. The Secretary may
exclude any area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such area
as part of the critical habitat, unless he determines, based on the best
scientific and commercial data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species concerned.
(3)(A) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e) of
title 5, to add a species to, or to remove a species from, either of the
lists published under subsection (c) of this section, the Secretary
shall make a finding as to whether the petition presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted. If such a petition is found to present such
information, the Secretary shall promptly commence a review of the
status of the species concerned. The Secretary shall promptly publish
each finding made under this subparagraph in the Federal Register.
(B) Within 12 months after receiving a petition that is found under
subparagraph (A) to present substantial information indicating that the
petitioned action may be warranted, the Secretary shall make one of the
following findings:
(i) The petitioned action is not warranted, in which case the
Secretary shall promptly publish such finding in the Federal
Register.
(ii) The petitioned action is warranted, in which case the
Secretary shall promptly publish in the Federal Register a general
notice and the complete text of a proposed regulation to implement
such action in accordance with paragraph (5).
(iii) The petitioned action is warranted, but that--
(I) the immediate proposal and timely promulgation of a
final regulation implementing the petitioned action in
accordance with paragraphs (5) and (6) is precluded by pending
proposals to determine whether any species is an endangered
species or a threatened species, and
(II) expeditious progress is being made to add qualified
species to either of the lists published under subsection (c) of
this section and to remove from such lists species for which the
protections of this chapter are no longer necessary,
in which case the Secretary shall promptly publish such finding in
the Federal Register, together with a description and evaluation of
the reasons and data on which the finding is based.
(C)(i) A petition with respect to which a finding is made under
subparagraph (B)(iii) shall be treated as a petition that is resubmitted
to the Secretary under subparagraph (A) on the date of such finding and
that presents substantial scientific or commercial information that the
petitioned action may be warranted.
(ii) Any negative finding described in subparagraph (A) and any
finding described in subparagraph (B)(i) or (iii) shall be subject to
judicial review.
(iii) The Secretary shall implement a system to monitor effectively
the status of all species with respect to which a finding is made under
subparagraph (B)(iii) and shall make prompt use of the authority under
paragraph 7 \1\ to prevent a significant risk to the well being of any
such species.
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\1\ So in original. Probably should be paragraph ``(7)''.
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(D)(i) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e) of
title 5, to revise a critical habitat designation, the Secretary shall
make a finding as to whether the petition presents substantial
scientific information indicating that the revision may be warranted.
The Secretary shall promptly publish such finding in the Federal
Register.
(ii) Within 12 months after receiving a petition that is found under
clause (i) to present substantial information indicating that the
requested revision may be warranted, the Secretary shall determine how
he intends to proceed with the requested revision, and shall promptly
publish notice of such intention in the Federal Register.
(4) Except as provided in paragraphs (5) and (6) of this subsection,
the provisions of section 553 of title 5 (relating to rulemaking
procedures), shall apply to any regulation promulgated to carry out the
purposes of this chapter.
(5) With respect to any regulation proposed by the Secretary to
implement a determination, designation, or revision referred to in
subsection (a)(1) or (3) of this section, the Secretary shall--
(A) not less than 90 days before the effective date of the
regulation--
(i) publish a general notice and the complete text of the
proposed regulation in the Federal Register, and
(ii) give actual notice of the proposed regulation
(including the complete text of the regulation) to the State
agency in each State in which the species is believed to occur,
and to each county, or equivalent jurisdiction in which the
species is believed to occur, and invite the comment of such
agency, and each such jurisdiction, thereon;
(B) insofar as practical, and in cooperation with the Secretary
of State, give notice of the proposed regulation to each foreign
nation in which the species is believed to occur or whose citizens
harvest the species on the high seas, and invite the comment of such
nation thereon;
(C) give notice of the proposed regulation to such professional
scientific organizations as he deems appropriate;
(D) publish a summary of the proposed regulation in a newspaper
of general circulation in each area of the United States in which
the species is believed to occur; and
(E) promptly hold one public hearing on the proposed regulation
if any person files a request for such a hearing within 45 days
after the date of publication of general notice.
(6)(A) Within the one-year period beginning on the date on which
general notice is published in accordance with paragraph (5)(A)(i)
regarding a proposed regulation, the Secretary shall publish in the
Federal Register--
(i) if a determination as to whether a species is an endangered
species or a threatened species, or a revision of critical habitat,
is involved, either--
(I) a final regulation to implement such determination,
(II) a final regulation to implement such revision or a
finding that such revision should not be made,
(III) notice that such one-year period is being extended
under subparagraph (B)(i), or
(IV) notice that the proposed regulation is being withdrawn
under subparagraph (B)(ii), together with the finding on which
such withdrawal is based; or
(ii) subject to subparagraph (C), if a designation of critical
habitat is involved, either--
(I) a final regulation to implement such designation, or
(II) notice that such one-year period is being extended
under such subparagraph.
(B)(i) If the Secretary finds with respect to a proposed regulation
referred to in subparagraph (A)(i) that there is substantial
disagreement regarding the sufficiency or accuracy of the available data
relevant to the determination or revision concerned, the Secretary may
extend the one-year period specified in subparagraph (A) for not more
than six months for purposes of soliciting additional data.
(ii) If a proposed regulation referred to in subparagraph (A)(i) is
not promulgated as a final regulation within such one-year period (or
longer period if extension under clause (i) applies) because the
Secretary finds that there is not sufficient evidence to justify the
action proposed by the regulation, the Secretary shall immediately
withdraw the regulation. The finding on which a withdrawal is based
shall be subject to judicial review. The Secretary may not propose a
regulation that has previously been withdrawn under this clause unless
he determines that sufficient new information is available to warrant
such proposal.
(iii) If the one-year period specified in subparagraph (A) is
extended under clause (i) with respect to a proposed regulation, then
before the close of such extended period the Secretary shall publish in
the Federal Register either a final regulation to implement the
determination or revision concerned, a finding that the revision should
not be made, or a notice of withdrawal of the regulation under clause
(ii), together with the finding on which the withdrawal is based.
(C) A final regulation designating critical habitat of an endangered
species or a threatened species shall be published concurrently with the
final regulation implementing the determination that such species is
endangered or threatened, unless the Secretary deems that--
(i) it is essential to the conservation of such species that the
regulation implementing such determination be promptly published; or
(ii) critical habitat of such species is not then determinable,
in which case the Secretary, with respect to the proposed regulation
to designate such habitat, may extend the one-year period specified
in subparagraph (A) by not more than one additional year, but not
later than the close of such additional year the Secretary must
publish a final regulation, based on such data as may be available
at that time, designating, to the maximum extent prudent, such
habitat.
(7) Neither paragraph (4), (5), or (6) of this subsection nor
section 553 of title 5 shall apply to any regulation issued by the
Secretary in regard to any emergency posing a significant risk to the
well-being of any species of fish or wildlife or plants, but only if--
(A) at the time of publication of the regulation in the Federal
Register the Secretary publishes therein detailed reasons why such
regulation is necessary; and
(B) in the case such regulation applies to resident species of
fish or wildlife, or plants, the Secretary gives actual notice of
such regulation to the State agency in each State in which such
species is believed to occur.
Such regulation shall, at the discretion of the Secretary, take effect
immediately upon the publication of the regulation in the Federal
Register. Any regulation promulgated under the authority of this
paragraph shall cease to have force and effect at the close of the 240-
day period following the date of publication unless, during such 240-day
period, the rulemaking procedures which would apply to such regulation
without regard to this paragraph are complied with. If at any time after
issuing an emergency regulation the Secretary determines, on the basis
of the best appropriate data available to him, that substantial evidence
does not exist to warrant such regulation, he shall withdraw it.
(8) The publication in the Federal Register of any proposed or final
regulation which is necessary or appropriate to carry out the purposes
of this chapter shall include a summary by the Secretary of the data on
which such regulation is based and shall show the relationship of such
data to such regulation; and if such regulation designates or revises
critical habitat, such summary shall, to the maximum extent practicable,
also include a brief description and evaluation of those activities
(whether public or private) which, in the opinion of the Secretary, if
undertaken may adversely modify such habitat, or may be affected by such
designation.
(c) Lists
(1) The Secretary of the Interior shall publish in the Federal
Register a list of all species determined by him or the Secretary of
Commerce to be endangered species and a list of all species determined
by him or the Secretary of Commerce to be threatened species. Each list
shall refer to the species contained therein by scientific and common
name or names, if any, specify with respect to each such species over
what portion of its range it is endangered or threatened, and specify
any critical habitat within such range. The Secretary shall from time to
time revise each list published under the authority of this subsection
to reflect recent determinations, designations, and revisions made in
accordance with subsections (a) and (b) of this section.
(2) The Secretary shall--
(A) conduct, at least once every five years, a review of all
species included in a list which is published pursuant to paragraph
(1) and which is in effect at the time of such review; and
(B) determine on the basis of such review whether any such
species should--
(i) be removed from such list;
(ii) be changed in status from an endangered species to a
threatened species; or
(iii) be changed in status from a threatened species to an
endangered species.
Each determination under subparagraph (B) shall be made in accordance
with the provisions of subsections (a) and (b) of this section.
(d) Protective regulations
Whenever any species is listed as a threatened species pursuant to
subsection (c) of this section, the Secretary shall issue such
regulations as he deems necessary and advisable to provide for the
conservation of such species. The Secretary may by regulation prohibit
with respect to any threatened species any act prohibited under section
1538(a)(1) of this title, in the case of fish or wildlife, or section
1538(a)(2) of this title, in the case of plants, with respect to
endangered species; except that with respect to the taking of resident
species of fish or wildlife, such regulations shall apply in any State
which has entered into a cooperative agreement pursuant to section
1535(c) of this title only to the extent that such regulations have also
been adopted by such State.
(e) Similarity of appearance cases
The Secretary may, by regulation of commerce or taking, and to the
extent he deems advisable, treat any species as an endangered species or
threatened species even though it is not listed pursuant to this section
if he finds that--
(A) such species so closely resembles in appearance, at the
point in question, a species which has been listed pursuant to such
section that enforcement personnel would have substantial difficulty
in attempting to differentiate between the listed and unlisted
species;
(B) the effect of this substantial difficulty is an additional
threat to an endangered or threatened species; and
(C) such treatment of an unlisted species will substantially
facilitate the enforcement and further the policy of this chapter.
(f) Recovery plans
(1) The Secretary shall develop and implement plans (hereinafter in
this subsection referred to as ``recovery plans'') for the conservation
and survival of endangered species and threatened species listed
pursuant to this section, unless he finds that such a plan will not
promote the conservation of the species. The Secretary, in developing
and implementing recovery plans, shall, to the maximum extent
practicable--
(A) give priority to those endangered species or threatened
species, without regard to taxonomic classification, that are most
likely to benefit from such plans, particularly those species that
are, or may be, in conflict with construction or other development
projects or other forms of economic activity;
(B) incorporate in each plan--
(i) a description of such site-specific management actions
as may be necessary to achieve the plan's goal for the
conservation and survival of the species;
(ii) objective, measurable criteria which, when met, would
result in a determination, in accordance with the provisions of
this section, that the species be removed from the list; and
(iii) estimates of the time required and the cost to carry
out those measures needed to achieve the plan's goal and to
achieve intermediate steps toward that goal.
(2) The Secretary, in developing and implementing recovery plans,
may procure the services of appropriate public and private agencies and
institutions, and other qualified persons. Recovery teams appointed
pursuant to this subsection shall not be subject to the Federal Advisory
Committee Act.
(3) The Secretary shall report every two years to the Committee on
Environment and Public Works of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives on the status of
efforts to develop and implement recovery plans for all species listed
pursuant to this section and on the status of all species for which such
plans have been developed.
(4) The Secretary shall, prior to final approval of a new or revised
recovery plan, provide public notice and an opportunity for public
review and comment on such plan. The Secretary shall consider all
information presented during the public comment period prior to approval
of the plan.
(5) Each Federal agency shall, prior to implementation of a new or
revised recovery plan, consider all information presented during the
public comment period under paragraph (4).
(g) Monitoring
(1) The Secretary shall implement a system in cooperation with the
States to monitor effectively for not less than five years the status of
all species which have recovered to the point at which the measures
provided pursuant to this chapter are no longer necessary and which, in
accordance with the provisions of this section, have been removed from
either of the lists published under subsection (c) of this section.
(2) The Secretary shall make prompt use of the authority under
paragraph 7 \2\ of subsection (b) of this section to prevent a
significant risk to the well being of any such recovered species.
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\2\ So in original. Probably should be paragraph ``(7)''.
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(h) Agency guidelines; publication in Federal Register; scope; proposals
and amendments: notice and opportunity for comments
The Secretary shall establish, and publish in the Federal Register,
agency guidelines to insure that the purposes of this section are
achieved efficiently and effectively. Such guidelines shall include, but
are not limited to--
(1) procedures for recording the receipt and the disposition of
petitions submitted under subsection (b)(3) of this section;
(2) criteria for making the findings required under such
subsection with respect to petitions;
(3) a ranking system to assist in the identification of species
that should receive priority review under subsection (a)(1) of this
section; and
(4) a system for developing and implementing, on a priority
basis, recovery plans under subsection (f) of this section.
The Secretary shall provide to the public notice of, and opportunity to
submit written comments on, any guideline (including any amendment
thereto) proposed to be established under this subsection.
(i) Submission to State agency of justification for regulations
inconsistent with State agency's comments or petition
If, in the case of any regulation proposed by the Secretary under
the authority of this section, a State agency to which notice thereof
was given in accordance with subsection (b)(5)(A)(ii) of this section
files comments disagreeing with all or part of the proposed regulation,
and the Secretary issues a final regulation which is in conflict with
such comments, or if the Secretary fails to adopt a regulation pursuant
to an action petitioned by a State agency under subsection (b)(3) of
this section, the Secretary shall submit to the State agency a written
justification for his failure to adopt regulations consistent with the
agency's comments or petition.
(Pub. L. 93-205, Sec. 4, Dec. 28, 1973, 87 Stat. 886; Pub. L. 94-359,
Sec. 1, July 12, 1976, 90 Stat. 911; Pub. L. 95-632, Secs. 11, 13, Nov.
10, 1978, 92 Stat. 3764, 3766; Pub. L. 96-159, Sec. 3, Dec. 28, 1979, 93
Stat. 1225; Pub. L. 97-304, Sec. 2(a), Oct. 13, 1982, 96 Stat. 1411;
Pub. L. 100-478, title I, Secs. 1002-1004, Oct. 7, 1988, 102 Stat. 2306,
2307.)
References in Text
Reorganization Plan Numbered 4 of 1970, referred to in subsec.
(a)(2), 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.
The Federal Advisory Committee Act, referred to in subsec. (f)(2),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5.
Amendments
1988--Subsec. (b)(3)(C)(iii). Pub. L. 100-478, Sec. 1002(a), added
subcl. (iii).
Subsec. (e). Pub. L. 100-478, Sec. 1002(b), substituted ``regulation
of commerce or taking,'' for ``regulation,'' in introductory provisions.
Subsec. (f). Pub. L. 100-478, Sec. 1003, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ``The
Secretary shall develop and implement plans (hereinafter in this
subsection referred to as `recovery plans') for the conservation and
survival of endangered species and threatened species listed pursuant to
this section, unless he finds that such a plan will not promote the
conservation of the species. The Secretary, in developing and
implementing recovery plans (1) shall, to the maximum extent
practicable, give priority to those endangered species or threatened
species most likely to benefit from such plans, particularly those
species that are, or may be, in conflict with construction or other
developmental projects or other forms of economic activity, and (2) may
procure the services of appropriate public and private agencies and
institutions, and other qualified persons. Recovery teams appointed
pursuant to this subsection shall not be subject to the Federal Advisory
Committee Act.''
Subsecs. (g) to (i). Pub. L. 100-478, Sec. 1004, added subsec. (g)
and redesignated former subsecs. (g) and (h) as (h) and (i),
respectively.
1982--Subsec. (a)(1). Pub. L. 97-304, Sec. 2(a)(1)(B), (D), inserted
``promulgated in accordance with subsection (b) of this section'' after
``shall by regulation'' in introductory provisions preceding subpar.
(A), and struck out provision following subpar. (E), which directed the
Secretary, at the time regulations were proposed, to specify any habitat
of a species considered to be a critical habitat but that such
specification of critical habitats not apply to species listed prior to
Nov. 10, 1978.
Subsec. (a)(1)(A). Pub. L. 97-304, Sec. 2(a)(1)(A), redesignated
subpar. (1) as (A).
Subsec. (a)(1)(B). Pub. L. 97-304, Sec. 2(a)(1)(A), (C),
redesignated subpar. (2) as (B) and substituted ``recreational,'' for
``sporting,''.
Subsec. (a)(1)(C) to (E). Pub. L. 97-304, Sec. 2(a)(1)(A),
redesignated subpars. (3), (4), and (5) as (C), (D), and (E),
respectively.
Subsec. (a)(3). Pub. L. 97-304, Sec. 2(a)(1)(E), added par. (3).
Subsec. (b). Pub. L. 97-304, Sec. 2(a)(2), completely revised
subsec. (b) by, among other changes, requiring the Secretary to base
determinations regarding the listing or delisting of species ``solely''
on the basis of the best scientific and commercial data available,
streamlining the listing process by reducing the time periods for
rulemaking, consolidating public meetings and hearing requirements, and
establishing virtually identical procedures for the listing and
delisting of species and for the designation of critical habitat, and
altering the evidentiary standard which petitioners must satisfy to
warrant a status review of the species proposed for listing or
delisting.
Subsec. (c)(1). Pub. L. 97-304, Sec. 2(a)(3)(A), struck out ``, and
from time to time he may by regulation revise,'' after ``Federal
Register'' and inserted provision directing the Secretary to revise from
time to time each list published under the authority of this subsection
to reflect recent determinations, designations, and revisions made in
accordance with subsections (a) and (b) of this section.
Subsec. (c)(2). Pub. L. 97-304, Sec. 2(a)(3)(B), (C), redesignated
par. (4) as (2). Former par. (2), directing the Secretary, within 90
days of the receipt of the petition of an interested person under
section 553(e) of title 5, to conduct and publish in the Federal
Register a review of the status of any listed or unlisted species
proposed to be removed from or added to either of the lists published
pursuant to paragraph (1) of this subsection, but only if he made and
published a finding that such person had presented substantial evidence
which in his judgment warranted such a review, was struck out.
Subsec. (c)(3). Pub. L. 97-304, Sec. 2(a)(3)(B), struck out par. (3)
which had provided that any list in effect on Dec. 27, 1973, of species
of fish or wildlife determined by the Secretary of the Interior,
pursuant to the Endangered Species Conservation Act of 1969, to be
threatened with extinction be republished to conform to the
classification for endangered species or threatened species, as the case
might be, provided for in this chapter, but until such republication,
any such species so listed was to be deemed an endangered species within
the meaning of this chapter, and that the republication of any species
pursuant to this paragraph did not require public hearing or comment
under section 553 of title 5.
Subsec. (c)(4). Pub. L. 97-304, Sec. 2(a)(3)(C), redesignated par.
(4) as (2).
Subsec. (d). Pub. L. 97-304, Sec. 2(a)(4)(A), substituted ``section
1535(c) of this title'' for ``section 1535(a) of this title''.
Subsec. (f). Pub. L. 97-304, Sec. 2(a)(4)(B), (C), (D), redesignated
subsec. (g) as (f) and substituted ``recovery plans (1) shall, to the
maximum extent practicable, give priority to those endangered species or
threatened species most likely to benefit from such plans, particularly
those species that are, or may be, in conflict with construction or
other developmental projects or other forms of economic activity, and
(2)'' for ``recovery plans,''. Former subsec. (f), relating to the
promulgation of regulations, was struck out.
Subsec. (g). Pub. L. 97-304, Sec. 2(a)(4)(C), (E), redesignated
subsec. (h) as (g), substituted reference to subsection (b)(3) of this
section for reference to subsection (c)(2) of this section in par. (1),
substituted ``under subsection (a)(1) of this section'' for ``for
listing'' in par. (3), and substituted ``subsection (f) of this
section'' for ``subsection (g) of this section'' in par. (4). Former
subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 97-304, Sec. 2(a)(4)(C), (F), added subsec. (h)
and redesignated former subsec. (h) as (g).
1979--Subsec. (b)(1). Pub. L. 96-159, Sec. 3(1), required the
Secretary's determinations to be preceded with a review of the status of
the species.
Subsec. (f)(2)(B)(i). Pub. L. 96-159, Sec. 3(2), required
publication of summary of text rather than of the complete text of
proposed regulation specifying any critical habitat and inclusion of a
map of the proposed critical habitat.
Subsec. (f)(2)(B)(iv)(II). Pub. L. 96-159, Sec. 3(3), substituted
``if requested within 15 days after the date on which the public meeting
is conducted,'' for ``if requested,''.
Subsec. (f)(2)(C). Pub. L. 96-159, Sec. 3(4), (5), inserted in
introductory text ``, subsection (b)(4) of this section,''; and in cl.
(ii), included reference to significant risk to wellbeing of any species
of plants, inserted in item (II) reference to regulation applicable to
resident species of plants, extended the statutory period to a ``240-day
period'' from a ``120-day period'', and provided for withdrawal of an
emergency regulation without substantial evidence to warrant it,
respectively.
Subsec. (h). Pub. L. 96-159, Sec. 3(6), added subsec. (h).
1978--Subsec. (a)(1). Pub. L. 95-632, Sec. 11(1), inserted provision
requiring the Secretary, at the time a regulation is proposed, to
specify by regulation any habitat of the species involved which is
considered a critical habitat providing the species was listed
subsequent to Nov. 10, 1978.
Subsec. (b)(4). Pub. L. 95-632, Sec. 11(7), added par. (4).
Subsec. (c)(1). Pub. L. 95-632, Sec. 11(2), struck out ``and shall''
after ``if any'' and inserted ``, and specify any critical habitat
within such range'' after ``endangered or threatened''.
Subsec. (c)(2). Pub. L. 95-632, Sec. 11(6), substituted ``within 90
days of the receipt of'' for ``upon'' and ``conduct and publish in the
Federal Register a review of the status of'' for ``conduct a review of''
and inserted a provision requiring that the review and findings be made
and published prior to initiation of any procedures under subsec. (b)(1)
of this section.
Subsec. (c)(4). Pub. L. 95-632, Sec. 11(3), added par. (4).
Subsec. (f)(2)(A). Pub. L. 95-632, Sec. 11(4)(A), substituted
``Except as provided in subparagraph (B), in'' for ``In''.
Subsec. (f)(2)(B), (C). Pub. L. 95-632, Sec. 11(4)(B), (C), added
subpar. (B), redesignated former subpar. (B) as (C), and as so
redesignated, substituted ``Neither subparagraph (A) or (B)'' for
``Neither subparagraph (A)''.
Subsec. (f)(3). Pub. L. 95-632, Sec. 13, substituted ``a summary by
the Secretary of the data on which such regulation is based and shall
show the relationship of such data to such regulations'' for ``a
statement by the Secretary of the facts on which such regulation is
based and the relationship of such facts to such regulation''.
Subsec. (f)(4), (5). Pub. L. 95-632, Sec. 11(4)(D), added pars. (4)
and (5).
Subsec. (g). Pub. L. 95-632, Sec. 11(5), added subsec. (g).
1976--Subsec. (f)(2)(B)(ii). Pub. L. 94-359 substituted ``subsection
(b)(1)(A)'' for ``subsection (b)(A), (B), and (C)''.
Effective Date of 1982 Amendment
Section 2(b) of Pub. L. 97-304 provided that:
``(1) Any petition filed under section 4(c)(2) of the Endangered
Species Act of 1973 [subsec. (c)(2) of this section] (as in effect on
the day before the date of the enactment of this Act [Oct. 13, 1982])
and any regulation proposed under section 4(f) of such Act of 1973
[subsec. (f) of this section] (as in effect on such day) that is pending
on such date of enactment [Oct. 13, 1982] shall be treated as having
been filed or proposed on such date of enactment under section 4(b) of
such Act of 1973 [subsec. (b) of this section] (as amended by subsection
(a)); and the procedural requirements specified in such section 4(b)
[subsec. (b) of this section] (as so amended) regarding such petition or
proposed regulation shall be deemed to be complied with to the extent
that like requirements under such section 4 [this section] (as in effect
before the date of the enactment of this Act) were complied with before
such date of enactment.
``(2) Any regulation proposed after, or pending on, the date of the
enactment of this Act [Oct. 13, 1982] to designate critical habitat for
a species that was determined before such date of enactment to be
endangered or threatened shall be subject to the procedures set forth in
section 4 of such Act of 1973 [this section] (as amended by subsection
(a)) for regulations proposing revisions to critical habitat instead of
those for regulations proposing the designation of critical habitat.
``(3) Any list of endangered species or threatened species (as in
effect under section 4(c) of such Act of 1973 [subsec. (c) of this
section] on the day before the date of the enactment of this Act [Oct.
13, 1982]) shall remain in effect unless and until determinations
regarding species and designations and revisions of critical habitats
that require changes to such list are made in accordance with subsection
(b)(5) of such Act of 1973 [subsec. (b)(5) of this section] (as added by
subsection (a)).
``(4) Section 4(a)(3)(A) of such Act of 1973 [subsec. (a)(3)(A) of
this section] (as added by subsection (a)) shall not apply with respect
to any species which was listed as an endangered species or a threatened
species before November 10, 1978.''
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 treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
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 Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 460k-1, 668dd, 670h, 715i,
715s, 1374, 1383b, 1387, 1402, 1532, 1534, 1535, 1536, 1537, 1538, 1540,
4202, 4261, 6301 of this title; title 10 section 7524.
