§ 1537. — International cooperation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1537]
TITLE 16--CONSERVATION
CHAPTER 35--ENDANGERED SPECIES
Sec. 1537. International cooperation
(a) Financial assistance
As a demonstration of the commitment of the United States to the
worldwide protection of endangered species and threatened species, the
President may, subject to the provisions of section 1306 of title 31,
use foreign currencies accruing to the United States Government under
the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C.
1691 et seq.] or any other law to provide to any foreign country (with
its consent) assistance in the development and management of programs in
that country which the Secretary determines to be necessary or useful
for the conservation of any endangered species or threatened species
listed by the Secretary pursuant to section 1533 of this title. The
President shall provide assistance (which includes, but is not limited
to, the acquisition, by lease or otherwise, of lands, waters, or
interests therein) to foreign countries under this section under such
terms and conditions as he deems appropriate. Whenever foreign
currencies are available for the provision of assistance under this
section, such currencies shall be used in preference to funds
appropriated under the authority of section 1542 of this title.
(b) Encouragement of foreign programs
In order to carry out further the provisions of this chapter, the
Secretary, through the Secretary of State, shall encourage--
(1) foreign countries to provide for the conservation of fish or
wildlife and plants including endangered species and threatened
species listed pursuant to section 1533 of this title;
(2) the entering into of bilateral or multilateral agreements
with foreign countries to provide for such conservation; and
(3) foreign persons who directly or indirectly take fish or
wildlife or plants in foreign countries or on the high seas for
importation into the United States for commercial or other purposes
to develop and carry out with such assistance as he may provide,
conservation practices designed to enhance such fish or wildlife or
plants and their habitat.
(c) Personnel
After consultation with the Secretary of State, the Secretary may--
(1) assign or otherwise make available any officer or employee
of his department for the purpose of cooperating with foreign
countries and international organizations in developing personnel
resources and programs which promote the conservation of fish or
wildlife or plants; and
(2) conduct or provide financial assistance for the educational
training of foreign personnel, in this country or abroad, in fish,
wildlife, or plant management, research and law enforcement and to
render professional assistance abroad in such matters.
(d) Investigations
After consultation with the Secretary of State and the Secretary of
the Treasury, as appropriate, the Secretary may conduct or cause to be
conducted such law enforcement investigations and research abroad as he
deems necessary to carry out the purposes of this chapter.
(Pub. L. 93-205, Sec. 8, Dec. 28, 1973, 87 Stat. 892; Pub. L. 96-159,
Sec. 5, Dec. 28, 1979, 93 Stat. 1228.)
References in Text
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454,
as amended, which is classified generally to chapter 41 (Sec. 1691 et
seq.) of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 1691 of Title 7
and Tables.
Codification
In subsec. (a), ``section 1306 of title 31'' substituted for
``section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C.
724)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Amendments
1979--Subsec. (b)(1). Pub. L. 96-159, Sec. 5(1), encouraged
conservation of plants.
Subsec. (b)(3). Pub. L. 96-159, Sec. 5(2), encouraged conservation
practices for enhancement of plants taken for importation into the
United States.
Subsec. (c)(1). Pub. L. 96-159, Sec. 5(3), made personnel available
for plant conservation.
Subsec. (e). Pub. L. 96-159, Sec. 5(4), struck out subsec. (e)
relating to Convention implementation.
Conservation of Sea Turtles; Importation of Shrimp
Pub. L. 101-162, title VI, Sec. 609, Nov. 21, 1989, 103 Stat. 1037,
provided that:
``(a) The Secretary of State, in consultation with the Secretary of
Commerce, shall, with respect to those species of sea turtles the
conservation of which is the subject of regulations promulgated by the
Secretary of Commerce on June 29, 1987--
``(1) initiate negotiations as soon as possible for the
development of bilateral or multilateral agreements with other
nations for the protection and conservation of such species of sea
turtles;
``(2) initiate negotiations as soon as possible with all foreign
governments which are engaged in, or which have persons or companies
engaged in, commercial fishing operations which, as determined by
the Secretary of Commerce, may affect adversely such species of sea
turtles, for the purpose of entering into bilateral and multilateral
treaties with such countries to protect such species of sea turtles;
``(3) encourage such other agreements to promote the purposes of
this section with other nations for the protection of specific ocean
and land regions which are of special significance to the health and
stability of such species of sea turtles;
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species of sea
turtles to which the United States is a party in order to make such
treaty consistent with the purposes and policies of this section;
and
``(5) provide to the Congress by not later than one year after
the date of enactment of this section [Nov. 21, 1989]--
``(A) a list of each nation which conducts commercial shrimp
fishing operations within the geographic range of distribution
of such sea turtles;
``(B) a list of each nation which conducts commercial shrimp
fishing operations which may affect adversely such species of
sea turtles; and
``(C) a full report on--
``(i) the results of his efforts under this section; and
``(ii) the status of measures taken by each nation
listed pursuant to paragraph (A) or (B) to protect and
conserve such sea turtles.
``(b)(1) In General.--The importation of shrimp or products from
shrimp which have been harvested with commercial fishing technology
which may affect adversely such species of sea turtles shall be
prohibited not later than May 1, 1991, except as provided in paragraph
(2).
``(2) Certification Procedure.--The ban on importation of shrimp or
products from shrimp pursuant to paragraph (1) shall not apply if the
President shall determine and certify to the Congress not later than May
1, 1991, and annually thereafter that--
``(A) the government of the harvesting nation has provided
documentary evidence of the adoption of a regulatory program
governing the incidental taking of such sea turtles in the course of
such harvesting that is comparable to that of the United States; and
``(B) the average rate of that incidental taking by the vessels
of the harvesting nation is comparable to the average rate of
incidental taking of sea turtles by United States vessels in the
course of such harvesting; or
``(C) the particular fishing environment of the harvesting
nation does not pose a threat of the incidental taking of such sea
turtles in the course of such harvesting.''
Executive Order No. 11911
Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided
that for purposes of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora the Secretary of the Interior be
designated as the Management Authority and established the Endangered
Species Scientific Authority as the Scientific Authority, with the
Secretary of the Interior designated to act on behalf of the United
States in all regards as required by the Convention on Nature Protection
and Wildlife Preservation in the Western Hemisphere, was revoked by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.
Delegation of Authority Regarding Certification of Countries Exporting
Shrimp to United States
Memorandum of the President of the United States, Dec. 19, 1990, 56
F.R. 357, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1990 (Public Law 101-162) [set out above],
and section 301 of title 3 of the United States Code, I hereby delegate
to the Secretary of State the functions vested in me by section 609(b)
of that Act. The authority delegated by this memorandum may be further
redelegated within the Department of State.
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
George Bush.
