§ 1537a. — Convention implementation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1537a]
TITLE 16--CONSERVATION
CHAPTER 35--ENDANGERED SPECIES
Sec. 1537a. Convention implementation
(a) Management Authority and Scientific Authority
The Secretary of the Interior (hereinafter in this section referred
to as the ``Secretary'') is designated as the Management Authority and
the Scientific Authority for purposes of the Convention and the
respective functions of each such Authority shall be carried out through
the United States Fish and Wildlife Service.
(b) Management Authority functions
The Secretary shall do all things necessary and appropriate to carry
out the functions of the Management Authority under the Convention.
(c) Scientific Authority functions; determinations
(1) The Secretary shall do all things necessary and appropriate to
carry out the functions of the Scientific Authority under the
Convention.
(2) The Secretary shall base the determinations and advice given by
him under Article IV of the Convention with respect to wildlife upon the
best available biological information derived from professionally
accepted wildlife management practices; but is not required to make, or
require any State to make, estimates of population size in making such
determinations or giving such advice.
(d) Reservations by the United States under Convention
If the United States votes against including any species in Appendix
I or II of the Convention and does not enter a reservation pursuant to
paragraph (3) of Article XV of the Convention with respect to that
species, the Secretary of State, before the 90th day after the last day
on which such a reservation could be entered, shall submit to the
Committee on Merchant Marine and Fisheries of the House of
Representatives, and to the Committee on the Environment and Public
Works of the Senate, a written report setting forth the reasons why such
a reservation was not entered.
(e) Wildlife preservation in Western Hemisphere
(1) The Secretary of the Interior (hereinafter in this subsection
referred to as the ``Secretary''), in cooperation with the Secretary of
State, shall act on behalf of, and represent, the United States in all
regards as required by the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere (56 Stat. 1354, T.S. 982,
hereinafter in this subsection referred to as the ``Western
Convention''). In the discharge of these responsibilities, the Secretary
and the Secretary of State shall consult with the Secretary of
Agriculture, the Secretary of Commerce, and the heads of other agencies
with respect to matters relating to or affecting their areas of
responsibility.
(2) The Secretary and the Secretary of State shall, in cooperation
with the contracting parties to the Western Convention and, to the
extent feasible and appropriate, with the participation of State
agencies, take such steps as are necessary to implement the Western
Convention. Such steps shall include, but not be limited to--
(A) cooperation with contracting parties and international
organizations for the purpose of developing personnel resources and
programs that will facilitate implementation of the Western
Convention;
(B) identification of those species of birds that migrate
between the United States and other contracting parties, and the
habitats upon which those species depend, and the implementation of
cooperative measures to ensure that such species will not become
endangered or threatened; and
(C) identification of measures that are necessary and
appropriate to implement those provisions of the Western Convention
which address the protection of wild plants.
(3) No later than September 30, 1985, the Secretary and the
Secretary of State shall submit a report to Congress describing those
steps taken in accordance with the requirements of this subsection and
identifying the principal remaining actions yet necessary for
comprehensive and effective implementation of the Western Convention.
(4) The provisions of this subsection shall not be construed as
affecting the authority, jurisdiction, or responsibility of the several
States to manage, control, or regulate resident fish or wildlife under
State law or regulations.
(Pub. L. 93-205, Sec. 8A, as added Pub. L. 96-159, Sec. 6(a)(1), Dec.
28, 1979, 93 Stat. 1228; amended Pub. L. 97-304, Sec. 5[(a)], Oct. 13,
1983, 96 Stat. 1421.)
Amendments
1982--Subsec. (c). Pub. L. 97-304, Sec. 5[(a)](1), designated
existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 97-304, Sec. 5[(a)](2), substituted provisions
relating to reservations by the United States under the Convention for
provisions which had established an International Convention Advisory
Commission and had provided for its membership, staffing, and operation.
Subsec. (e). Pub. L. 97-304, Sec. 5[(a)](3), substituted provisions
implementing the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere for provisions which had provided
that the President shall designate those agencies of the Federal
Government that shall act on behalf of, and represent, the United States
in all regards as required by the Convention on Nature Protection and
Wildlife Preservation in the Western Hemisphere.
Effective Date of 1982 Amendment
Section 5(b) of Pub. L. 97-304 provided that: ``The amendment made
by paragraph (1) of subsection (a) [amending this section] shall take
effect January 1, 1981.''
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.
Endangered Species Scientific Authority; Interim Performance of
Functions of Commission
Section 6(b) of Pub. L. 96-159 provided that until such time as the
Chairman, Members, and Executive Secretary of the International
Convention Advisory Commission are appointed, but not later than 90 days
after Dec. 28, 1979, the functions of the Commission be carried out by
the Endangered Species Scientific Authority as established by Ex. Ord.
No. 11911, formerly set out as a note under section 1537 of this title,
with staff and administrative support being provided by the Secretary of
the Interior as set forth in that Executive Order.
Section Referred to in Other Sections
This section is referred to in sections 1542, 2912 of this title.
