§ 1531. Congressional findings and declaration of
purposes and policy
(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 con-
cern and conservation;
(2) other species of fish, wildlife, and plants
have been so depleted in numbers that they
are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants
are of esthetic, ecological, educational, histor-
ical, recreational, and scientific value to the
Nation and its people;
(4) the United States has pledged itself as a
sovereign state in the international commu-
nity to conserve to the extent practicable the
various species of fish or wildlife and plants
facing extinction, pursuant to—
(A) migratory bird treaties with Canada
and Mexico;
(B) the Migratory and Endangered Bird
Treaty with Japan;
(C) the Convention on Nature Protection
and Wildlife Preservation in the Western
Hemisphere;
(D) the International Convention for the
Northwest Atlantic Fisheries;
(E) the International Convention for the
High Seas Fisheries of the North Pacific
Ocean;
(F) the Convention on International Trade
in Endangered Species of Wild Fauna and
Flora; and
(G) other international agreements; and
(5) encouraging the States and other inter-
ested parties, through Federal financial assist-
ance and a system of incentives, to develop
and maintain conservation programs which
meet national and international standards is a
key to meeting the Nation’s international
commitments and to better safeguarding, for
the benefit of all citizens, the Nation’s herit-
age in fish, wildlife, and plants.
(b) Purposes
The purposes
File SHA-256: 74f4939e6bf897d90e1a3c1b4d59fd36a32ecaf1b9f727f4c4c70921e538acdd. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_d92862a8c4b8eb7cc0ffe14c Source file: Laws/federal/codes/united-states-code-2024/title-16/section-1531-congressional-findings-and-declaration-of--59c28df1e5.md Pages: Not recorded – Not recorded Passage SHA-256: 80703c94dd1279788e3f6aee578eb90e517174e56f99af1d024c1f0446df7794 Retained source evidence SHA-256: 74f4939e6bf897d90e1a3c1b4d59fd36a32ecaf1b9f727f4c4c70921e538acdd
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facilities to carry out programs and
plans.
§ 1509. Repealed. Pub. L. 95–313, § 16(a)(7), for-
merly § 13(a)(7), July 1, 1978, 92 Stat. 374; re-
numbered § 16(a)(7), Pub. L. 101–624, title XII,
§ 1215(1), Nov. 28, 1990, 104 Stat. 3525
Section, Pub. L. 91–524, title X, § 1009, as added Pub.
L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 245, set forth pro-
visions relating to establishment, funding require-
ments, etc., for the forestry incentives program.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Section repealed effective Oct. 1, 1978, see section 17
of Pub. L. 95–313, set out as an Effective Date note
under section 2101 of this title.
§ 1510. Repealed. Pub. L. 104–127, title III,
§ 336(d)(1), Apr. 4, 1996, 110 Stat. 1006
Section, Pub. L. 91–524, title X, § 1010, as added Pub.
L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 245; amended Pub.
L. 95–313, § 16(a)(7), formerly § 13(a)(7), July 1, 1978, 92
Stat. 374, renumbered § 16(a)(7), Pub. L. 101–624, title
XII, § 1215(1), Nov. 28, 1990, 104 Stat. 3525, related to au-
thorization of appropriations as well as construction
and continuation of programs, contracts, and authori-
ties.
CHAPTER 35—ENDANGERED SPECIES
Sec.
1531.
Congressional findings and declaration of pur-
poses and policy.
1532.
Definitions.
1533.
Determination of endangered species and
threatened species.
1534.
Land acquisition.
1535.
Cooperation with States.
1536.
Interagency cooperation.
1537.
International cooperation.
1537a.
Convention implementation.
1538.
Prohibited acts.
1539.
Exceptions.
Sec.
1540.
Penalties and enforcement.
1541.
Endangered plants.
1542.
Authorization of appropriations.
1543.
Construction with Marine Mammal Protec-
tion Act of 1972.
1544.
Annual cost analysis by Fish and Wildlife
Service.
§ 1531. Congressional findings and declaration of
purposes and policy
(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 con-
cern and conservation;
(2) other species of fish, wildlife, and plants
have been so depleted in numbers that they
are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants
are of esthetic, ecological, educational, histor-
ical, recreational, and scientific value to the
Nation and its people;
(4) the United States has pledged itself as a
sovereign state in the international commu-
nity to conserve to the extent practicable the
various species of fish or wildlife and plants
facing extinction, pursuant to—
(A) migratory bird treaties with Canada
and Mexico;
(B) the Migratory and Endangered Bird
Treaty with Japan;
(C) the Convention on Nature Protection
and Wildlife Preservation in the Western
Hemisphere;
(D) the International Convention for the
Northwest Atlantic Fisheries;
(E) the International Convention for the
High Seas Fisheries of the North Pacific
Ocean;
(F) the Convention on International Trade
in Endangered Species of Wild Fauna and
Flora; and
(G) other international agreements; and
(5) encouraging the States and other inter-
ested parties, through Federal financial assist-
ance and a system of incentives, to develop
and maintain conservation programs which
meet national and international standards is a
key to meeting the Nation’s international
commitments and to better safeguarding, for
the benefit of all citizens, the Nation’s herit-
age in fish, wildlife, and plants.
(b) Purposes
The purposes of this chapter are to provide a
means whereby the ecosystems upon which en-
dangered species and threatened species depend
may be conserved, to provide a program for the
conservation of such endangered species and
threatened species, and to take such steps as
may be appropriate to achieve the purposes of
the treaties and conventions set forth in sub-
section (a) of this section.
(c) Policy
(1) It is further declared to be the policy of
Congress that all Federal departments and agen-
cies shall seek to conserve endangered species
and threatened species and shall utilize their au-
Page 1910
TITLE 16—CONSERVATION
§ 1531
thorities in furtherance of the purposes of this
chapter.
(2) It is further declared to be the policy of
Congress that Federal agencies shall cooperate
with State and local agencies to resolve water
resource issues in concert with conservation of
endangered species.
(Pub. L. 93–205, § 2, Dec. 28, 1973, 87 Stat. 884; Pub.
L. 96–159, § 1, Dec. 28, 1979, 93 Stat. 1225; Pub. L.
97–304, § 9(a), Oct. 13, 1982, 96 Stat. 1426; Pub. L.
100–478, title I, § 1013(a), Oct. 7, 1988, 102 Stat.
2315.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c)(1), was
in the original ‘‘this Act’’, meaning Pub. L. 93–205, Dec.
28, 1973, 81 Stat. 884, known as the Endangered Species
Act of 1973, which is classified principally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
AMENDMENTS
1988—Subsec. (a)(4)(G). Pub. L. 100–478 substituted
‘‘; and’’ for period at end.
1982—Subsec. (c). Pub. L. 97–304 designated existing
provisions as par. (1) and added par. (2).
1979—Subsec. (a)(5). Pub. L. 96–159 substituted ‘‘wild-
life, and plants’’ for ‘‘wildlife’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–205, § 16, Dec. 28, 1973, 87 Stat. 903, provided
that: ‘‘This Act [enacting this chapter, amending sec-
tions 460k–1, 460l–9, 668dd, 715i, 715s, 1362, 1371, 1372, and
1402 of this title and section 136 of Title 7, Agriculture,
repealing sections 668aa to 668cc–6 of this title, and en-
acting provisions set out as notes under this section]
shall take effect on the date of its enactment [Dec. 28,
1973].’’
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97–304, § 1, Oct. 13, 1982, 96 Stat. 1411, provided:
‘‘That this Act [amending this section and sections
1532, 1533, 1535, 1536, 1537a, 1538, 1539, 1540, and 1542 of
this title and enacting provisions set out as notes
under sections 1533, 1537a, and 1539 of this title] may be
cited as the ‘Endangered Species Act Amendments of
1982’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–632, § 1, Nov. 10, 1978, 92 Stat. 3751, provided:
‘‘That this Act [amending sections 1532 to 1536, 1538 to
1540, and 1542 of this title] may be cited as the ‘Endan-
gered Species Act Amendments of 1978’.’’
SHORT TITLE
Pub. L. 93–205, § 1, Dec. 28, 1973, 87 Stat. 884, provided:
‘‘That this Act [enacting this chapter, amending sec-
tions 460k–1, 460l–9, 668dd, 715i, 715s, 1362, 1371, 1372, and
1402 of this title and section 136 of Title 7, Agriculture,
repealing sections 668aa to 668cc–6 of this title, and en-
acting provisions set out as notes under this section]
may be cited as the ‘Endangered Species Act of 1973’.’’
WILDLIFE MANAGEMENT AND WORKING LANDS FOR
WILDLIFE CONSERVATION MODEL
Pub. L. 115–334, title II, § 2407, Dec. 20, 2018, 132 Stat.
4573, provided that:
‘‘(a) IN GENERAL.—The Secretary [of Agriculture] and
the Secretary of the Interior shall continue to carry
out the Working Lands for Wildlife model of conserva-
tion on working landscapes, as implemented on the day
before the date of enactment of this Act [Dec. 20, 2018],
in accordance with—
‘‘(1) the document entitled ‘Partnership Agreement
Between the United States Department of Agri-
culture Natural Resources Conservation Service and
the United States Department of the Interior Fish
and Wildlife Service’, numbered A–3A7516–937, and
formalized by the Chief of the Natural Resources Con-
servation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Serv-
ice on August 4, 2016, as in effect on September 15,
2016; and
‘‘(2) United States Fish and Wildlife Service Direc-
tor’s Order No. 217, dated August 9, 2016, as in effect
on August 9, 2016.
‘‘(b) EXPANSION
OF MODEL.—The Secretary and the
Secretary of the Interior may expand the conservation
model described in subsection (a) through a new part-
nership agreement between the Farm Service Agency
and the United States Fish and Wildlife Service for the
purpose of carrying out conservation activities for spe-
cies conservation.
‘‘(c) EXTENSION OF PERIOD OF REGULATORY PREDICT-
ABILITY.—
‘‘(1) DEFINITION OF PERIOD OF REGULATORY PREDICT-
ABILITY.—In this subsection, the term ‘period of regu-
latory predictability’ means the period of regulatory
predictability under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) initially determined in ac-
cordance with the document and order described in
paragraphs (1) and (2), respectively, of subsection (a).
‘‘(2) EXTENSION.—After the period of regulatory pre-
dictability, on request of the Secretary, the Sec-
retary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, may pro-
vide additional consultation under section 7(a)(2) of
the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)), or additional conference under section
7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable,
with the Chief of the Natural Resources Conservation
Service or the Administrator of the Farm Service
Agency, as applicable, to extend the period of regu-
latory predictability.’’
RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973
Pub. L. 102–251, title III, § 305, Mar. 9, 1992, 106 Stat. 66,
as amended by Pub. L. 104–208, div. A, title I, § 101(a)
[title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41,
provided that: ‘‘The special areas defined in section
3(24) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802(24)) shall be con-
sidered places that are subject to the jurisdiction of the
United States for the purposes of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.).’’
Executive Documents
MINIMIZATION OF CONFLICTS WITH RECREATIONAL
FISHERIES
For provision that all Federal agencies minimize con-
flicts between recreational fisheries and administration
of this chapter, see Ex. Ord. No. 12962, § 4, June 7, 1995,
60 F.R. 30770, set out as a note under section 1801 of this
title.
EX. ORD. NO. 13648. COMBATING WILDLIFE TRAFFICKING
Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to address the significant effects
of wildlife trafficking on the national interests of the
United States, I hereby order as follows:
SECTION 1. Policy. The poaching of protected species
and the illegal trade in wildlife and their derivative
parts and products (together known as ‘‘wildlife traf-
ficking’’) represent an international crisis that con-
tinues to escalate. Poaching operations have expanded
beyond small-scale, opportunistic actions to coordi-
nated slaughter commissioned by armed and organized
criminal syndicates. The survival of protected wildlife
species such as elephants, rhinos, great apes, tigers,
Page 1911
TITLE 16—CONSERVATION
§ 1532
sharks, tuna, and turtles has beneficial economic, so-
cial, and environmental impacts that are important to
all nations. Wildlife trafficking reduces those benefits
while generating billions of dollars in illicit revenues
each year, contributing to the illegal economy, fueling
instability, and undermining security. Also, the pre-
vention of trafficking of live animals helps us control
the spread of emerging infectious diseases. For these
reasons, it is in the national interest of the United
States to combat wildlife trafficking.
In order to enhance domestic efforts to combat wild-
life trafficking, to assist foreign nations in building ca-
pacity to combat wildlife trafficking, and to assist in
combating transnational organized crime, executive de-
partments and agencies (agencies) shall take all appro-
priate actions within their authority, including the
promulgation of rules and regulations and the provi-
sion of technical and financial assistance, to combat
wildlife trafficking in accordance with the following
objectives:
(a) in appropriate cases, the United States shall seek
to assist those governments in anti-wildlife trafficking
activities when requested by foreign nations experi-
encing trafficking of protected wildlife;
(b) the United States shall promote and encourage
the development and enforcement by foreign nations of
effective laws to prohibit the illegal taking of, and
trade in, these species and to prosecute those who en-
gage in wildlife trafficking, including by building ca-
pacity;
(c) in concert with the international community and
partner organizations, the United States shall seek to
combat wildlife trafficking; and
(d) the United States shall seek to reduce the demand
for illegally traded wildlife, both at home and abroad,
while allowing legal and legitimate commerce involv-
ing wildlife.
SEC. 2. Establishment. There is established a Presi-
dential Task Force on Wildlife Trafficking (Task
Force), to be co-chaired by the Secretary of State, Sec-
retary of the Interior, and the Attorney General (Co-
Chairs), or their designees, who shall report to the
President through the National Security Advisor. The
Task Force shall develop and implement a National
Strategy for Combating Wildlife Trafficking in accord-
ance with the objectives outlined in section 1 of this
order, consistent with section 4 of this order.
SEC. 3. Membership. (a) In addition to the Co-Chairs,
the Task Force shall include designated senior-level
representatives from:
(i) the Department of the Treasury;
(ii) the Department of Defense;
(iii) the Department of Agriculture;
(iv) the Department of Commerce;
(v) the Department of Transportation;
(vi) the Department of Homeland Security;
(vii) the United States Agency for International De-
velopment;
(viii) the Office of the Director of National Intel-
ligence;
(ix) the National Security Staff;
(x) the Domestic Policy Council;
(xi) the Council on Environmental Quality;
(xii) the Office of Science and Technology Policy;
(xiii) the Office of Management and Budget;
(xiv) the Office of the United States Trade Represent-
ative; and
(xv) such agencies and offices as the Co-Chairs may,
from time to time, designate.
(b) The Task Force shall meet not later than 60 days
from the date of this order and periodically thereafter.
SEC. 4. Functions. Consistent with the authorities and
responsibilities of member agencies, the Task Force
shall perform the following functions:
(a) not later than 180 days after the date of this order,
produce a National Strategy for Combating Wildlife
Trafficking that shall include consideration of issues
relating to combating trafficking and curbing con-
sumer demand, including:
(i) effective support for anti-poaching activities;
(ii) coordinating regional law enforcement efforts;
(iii)developing and supporting effective legal enforce-
ment mechanisms; and
(iv) developing strategies to reduce illicit trade and
reduce consumer demand for trade in protected species;
(b) not later than 90 days from the date of this order,
review the Strategy to Combat Transnational Orga-
nized Crime of July 19, 2011, and, if appropriate, make
recommendations regarding the inclusion of crime re-
lated to wildlife trafficking as an implementation ele-
ment for the Federal Government’s transnational orga-
nized crime strategy;
(c) coordinate efforts among and consult with agen-
cies, as appropriate and consistent with the Depart-
ment of State’s foreign affairs role, regarding work
with foreign nations and international bodies that
monitor and aid in enforcement against crime related
to wildlife trafficking; and
(d) carry out other functions necessary to implement
this order.
SEC. 5. Advisory Council on Wildlife Trafficking. Not
later than 180 days from the date of this order, the Sec-
retary of the Interior (Secretary), in consultation with
the other Co-Chairs of the Task Force, shall establish
an Advisory Council on Wildlife Trafficking (Advisory
Council) that shall make recommendations to the Task
Force and provide it with ongoing advice and assist-
ance. The Advisory Council shall have eight members,
one of whom shall be designated by the Secretary as
the Chair. Members shall not be employees of the Fed-
eral Government and shall include knowledgeable indi-
viduals from the private sector, former governmental
officials, representatives of nongovernmental organiza-
tions, and others who are in a position to provide ex-
pertise and support to the Task Force.
SEC. 6. General Provisions. (a) This order shall be im-
plemented consistent with applicable domestic and
international law, and subject to the availability of ap-
propriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to an executive de-
partment, agency, or the head thereof, or the status of
that department or agency within the Federal Govern-
ment; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
(d) Insofar as the Federal Advisory Committee Act,
as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et
seq.] (the ‘‘Act’’), may apply to the Advisory Council,
any functions of the President under the Act, except
for that of reporting to the Congress, shall be per-
formed by the Secretary in accordance with the guide-
lines issued by the Administrator of General Services.
(e) The Department of the Interior shall provide fund-
ing and administrative support for the Task Force and
Advisory Council to the extent permitted by law and
consistent with existing appropriations.
BARACK OBAMA.
[Reference to the National Security Staff to be un-
derstood to refer to the staff of the National Security
Council, see Ex. Ord. No. 13657, set out as a note under
section 3021 of Title 50, War and National Defense.]
EXTENSION OF TERM OF ADVISORY COUNCIL ON WILDLIFE
TRAFFICKING
Term of Advisory Council on Wildlife Trafficking ex-
tended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept.
30, 2015, 80 F.R. 60271, formerly set out as a note under
section 1013 of Title 5, Government Organization and
Employees.
§ 1532. Definitions
For the purposes of this chapter—
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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 concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered 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 incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
**(a) Federal agency actions and consultations**
(1) The Secretary shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter. All other Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this chapter by carrying out programs for the conservation of endangered species and threatened species listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim).
(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an “agency action”) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1536. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1536. Interagency cooperation
(a) Federal agency actions and consultations
(1) The Secretary shall review other programs
administered by him and utilize such programs
in furtherance of the purposes of this chapter.
All other Federal agencies shall, in consultation
with and with the assistance of the Secretary,
Page 1923
TITLE 16—CONSERVATION
§ 1536
utilize their authorities in furtherance of the
purposes of this chapter by carrying out pro-
grams for the conservation of endangered spe-
cies and threatened species listed pursuant to
section 1533 of this title.
(2) Each Federal agency shall, in consultation
with and with the assistance of the Secretary,
insure that any action authorized, funded, or
carried out by such agency (hereinafter in this
section referred to as an ‘‘agency action’’) is not
likely to jeopardize the continued existence of
any endangered species or threatened species or
result in the destruction or adverse modification
of habitat of such species which is determined
by the Secretary, after consultation as appro-
priate with affected States, to be critical, unless
such agency has been granted an exemption for
such action by the Committee pursuant to sub-
section (h) of this section. In fulfilling the re-
quirements of this paragraph each agency shall
use the best scientific and commercial data
available.
(3) Subject to such guidelines as the Secretary
may establish, a Federal agency shall consult
with the Secretary on any prospective agency
action at the request of, and in cooperation
with, the prospective permit or license applicant
if the applicant has reason to believe that an en-
dangered species or a threatened species may be
present in the area affected by his project and
that implementation of such action will l
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1536. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires—
(1) The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2) The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3) The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) who is engaged in recreational fishing.
(4) The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5) The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territor
Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 1802. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1802. Definitions
As used in this chapter, unless the context
otherwise requires—
(1) The term ‘‘anadromous species’’ means
species of fish which spawn in fresh or estua-
rine waters of the United States and which mi-
grate to ocean waters.
(2) The term ‘‘bycatch’’ means fish which are
harvested in a fishery, but which are not sold
or kept for personal use, and includes eco-
nomic discards and regulatory discards. Such
term does not include fish released alive under
a recreational catch and release fishery man-
agement program.
(3) The term ‘‘charter fishing’’ means fishing
from a vessel carrying a passenger for hire (as
defined in section 2101(30) of title 46) who is en-
gaged in recreational fishing.
(4) The term ‘‘commercial fishing’’ means
fishing in which the fish harvested, either in
whole or in part, are intended to enter com-
merce or enter commerce through sale, barter
or trade.
(5) The term ‘‘conservation and manage-
ment’’ refers to all of the rules, regulations,
conditions, methods, and other measures (A)
which are required to rebuild, restore, or
maintain, and which are useful in rebuilding,
restoring, or maintaining, any fishery re-
source and the marine environment; and (B)
which are designed to assure that—
(i) a supply of food and other products may
be taken, and that recreational benefits may
be obtained, on a continuing basis;
(ii) irreversible or long-term adverse ef-
fects on fishery resources and the marine en-
vironment are avoided; and
(iii) there will be a multiplicity of options
available with respect to future uses of these
resources.
(6) The term ‘‘Continental Shelf’’ means the
seabed and subsoil of the submarine areas ad-
jacent to the coast, but outside the area of the
territorial sea, of the United States, t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1802. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Advisory committee.—**
(A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) *Exclusions.—* — The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1001. Definitions
In this chapter:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General
Services.
(2) ADVISORY COMMITTEE.—
(A) IN GENERAL.—The term ‘‘advisory com-
mittee’’ means a committee, board, commis-
sion, council, conference, panel, task force,
or other similar group, or any subcommittee
or other subgroup thereof (hereafter in this
paragraph referred to as ‘‘committee’’) that
is established or utilized to obtain advice or
recommendations for the President or one or
more agencies or officers of the Federal Gov-
ernment and that is—
(i) established by statute or reorganiza-
tion plan;
(ii) established or utilized by the Presi-
dent; or
(iii) established or utilized by one or
more agencies.
(B) EXCLUSIONS.—The term ‘‘advisory com-
mittee’’ excludes—
(i) a committee that is composed wholly
of full-time, or permanent part-time, offi-
cers or employees of the Federal Govern-
ment; and
Page 247
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1002
(ii) a committee that is created by the
National Academy of Sciences or the Na-
tional Academy of Public Administration.
(3) AGENCY.—The term ‘‘agency’’ has the
meaning given the term in section 551 of this
title.
(4) PRESIDENTIAL ADVISORY COMMITTEE.—The
term
‘‘Presidential
advisory
committee’’
means an advisory committee that advises the
President.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat.
4197.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1001 ............
5 U.S.C. App.
(FACA § 3)
Pub. L. 92–463, § 3, Oct. 6,
1972, 86 Stat. 770; Pub. L.
105–153, § 2(a), Dec. 17, 1997,
111 Stat. 2689.
[Although not mentioned in the explanation con-
tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’
means th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.