Page:United States Statutes at Large Volume 83.djvu/303

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[83 STAT. 275]
[83 STAT. 275]
PUBLIC LAW 91-000—MMMM. DD, 1969

83 STAT. ]

PUBLIC LAW 91-135-DEC. 5, 1969

275

Public Law 91-135 AN ACT

December 5, 1969

T(» prevent the iiin)<)rthti()ii of eiubuiuercd species of fish or wildlife into the United States: to prevent the interstate shipment of reptiles, anipliibicins, and other wildlife taken contrary to State law: and for other purjtoses.

Be if emu-fed by fhe Senafe (oid IlouHe of liepre>^enf<ifires of fhe [hiifed Sfdfe.s of America in, Congres.'^ (f.s.se/iih/ed. l l i a t, for the piirl)()ses of sections 2 throuo'h f) of this Act, the teriu— (1) " Secretary " means the Secretary of the Interior; ('2) "fish or wihllife" means any wild m a m m a l, fish, wild bird, a m p h i b i a n, reptile, mollusk, or crustacean, or any part, p r o d u c t s. eo-<r, or otf'sprino; theivof, or the dead body or parts thereof; ('•)) " United States " includes the several States, the District o f C o l u m b i a, the C o m m o n w e a l t h of P u e r to Kico, American S a m o a, the Vir<>:iii Islands, aiul ( i u a m; and (4) person"' means any i n d i v i d u a l, Hrm, cori^oration, association, or partnership. SKC. 2. E x c e p t as provided in section;5 of this Act, whoever imi)()rts from any forei<rn c o u n t r y into the United States any species or subspecies of fish o r wildlife which the Secretary has determined, in accordance w i t h the provisions of secticm 3 of t h i s Act, to be t h r e a t e n e d with worldwide extinction, shall be pnnished in accordance with the provisions of section 4 of this Act. SEC.:>. (a) A species or subspecies of fish or wildlife shall be deemed to be t h r e a t e n e d with worldwide extinction Avhenever the Secretary determines, based on the best scientific and commercial data available to h i m and after consultation, in cooperation with the Secretary of State, with the foreign c o u n t r y o r countries in which such fish or wildlife are n o r m a l l y found and, to the extent practicable. with interested persous and o r o a n i / a t i o u s and other interested Federal agencies, that the continued existence of such species or subspecies of fish or wildlife is. in the judgment of the Secretary, e n d a n g e r e d due to any of the following factors; (1) the destruction, drastic modifieation, or severe c u r t a i l m e n t, or the t h r e a t e n e d destruction, drastic modification, or severe c u r t a i l m e n t, of its h a b i t a t, or (2) its overutilization for commercial o r s])()rting purposes, ot- (-'>) the effect on it of disease o r p r e d a t i o n, or (4) other n a t u r a l o r m a n - m a d e factors affecting its continued existence. A f termaking such determination, the Cf

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F i s h or wildlife. Importation of

endTtigered species, prevention.

species exTinc^ron.^ ' Determination ^y^^"'^"""" Secre-

Publication in Federal

Regjs-

Secretary shall promulgate and from time to time he may revise, ter. by r e o u l a t i o n, a list in the Federal Kegister of such fish o r wildlife by scientific, common, and connnercial n a m e or names, together w i t h his determination. The Secretary shall at least once every five years conduct a t h o r o u g h review of any such list to determine what, if any, changes have occurred relative to the continued existence of the species oi- subspecies of fish o r wildlife then on the list and to determine w h e the r sncli fish or wildlife continue to be t h r e a t e n e d with worldwide extinction. Upon completion of such review, he shall take appropriate action consistent with the purposes of t h i s Act. The Secretary shall, upon the re(piest of any interested person, also conduct such review of any part i c u l a r listed species o r subspecies at any other t i m e if h e finds and publishes h i s finding that such person has p r e sented substantial evidence to w a r r a n t sncli a review. (b) I n o r d e r to minimize undue economic h a r d s h i p to any person Economic hardi m p o r t i n g any species o r subspecies of fish o r wnldlife which a r e deter- ^ Filing of appiimined to be t h r e a t e n e d w i t h w o r l d w i d e extinction under t h i s section, cation. under any contract entered into p r i o r to the date of publication of such determination in the Federal R e g i s t e r of such species or subspecies, the