ENDANGERED SPECIES ACT OF 1973
(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
(c) SCIENTIFIC AUTHORITY FUNCTIONS.-
(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
(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
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.
January 22, 2009