Whoever, within the United States of any place subject to the jurisdiction thereof, without being permitted to do so as provided in sections 668 to 668d of this title, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, shall be fined not more than $500 or imprisoned not more than six months or both: Provided, That nothing in said sections shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle. (June 8, 1940; ch. 278, § 1, 54 Stat. 250; June 25, 1959, Pub. L. 86-70, § 14, 73 Stat. 143; Oct. 24, 1962, Pub. L. 87-884, 76 Stat. 1246.)

REFERENCES IN TEXT

Prior to the addition to said sections of the provisions relating to preservation of the golden eagle, referred to in the text, means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87-884 as an amendment of this section and section 668a of this title.

AMENDMENTS

1962-Pub. L. 87-884 extended the prohibitions against the enumerated acts to the golden eagle and changed the

proviso by substituting "bald eagle", "June 8, 1940" and "and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle" for "such eagle," "the effective date of said sections" and "but the proof of such taking shall lie upon the accused in any prosecution under said sections", respectively. 1959-Pub. L. 86-70 eliminated words "except the Territory of Alaska," which followed "subject to the jurisdiction thereof,".

LEGISLATIVE INTENT

Enacting clause of act June 8, 1940, provided: "Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and

"Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and

"Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and

any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally protecting domesticated flocks and herds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior. (June 8, 1940, ch. 278, § 2, 54 Stat. 251; Oct. 24, 1962, Pub. L. 87-884, 76 Stat. 1246.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668, 668c, 668d of this title.

§ 668c. Same; definitions.

As used in sections 668 to 668d of this title "whoever" includes also associations, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, wound, kill, capture, trap, collect, or otherwise willfully molest or disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation. (June 8, 1940, ch. 278, § 4, 54 Stat. 251.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668, 668b, 668d of this title.

§ 668d. Same; availability of appropriations for Migratory Bird Treaty Act.

Moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of sections 703 to 708, and 709a to 711 of this title shall be equally available for the administration and enforcement of sections 668 to 668d of this title. (June 8, 1940, ch. 278, § 5, 54 Stat. 251.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668, 668b, 668c of this title.

668aa. Congressional findings, declaration of policy, and

668bb.

statement of purposes; endangered species; publication in Federal Register; "fish and wildlife" defined.

Powers and duties of Secretary of Interior. (a) Utilization of statutory authorities for carrying out endangered species program. (b) Acquisition of lands.

(c) Use of land and water conservation funds; limitation on amount; continuing availability of sums; limitation on amount for any one area.

(d) Administrative review and utilization of other programs; encouragement of, consultations with, and assistance to other Federal agencies for carrying out endangered species program; appropriations for acquisition of privately owned

(c) Importation for educational or scientific purposes.

(d) Rule making procedure.

668cc-4. Penalties for violations; Civil penalties for nonwillful violations.

(a) (1) Administrative assessment; notice and hearing; separate offenses; compromises; civil actions; jurisdiction and venue; trial de novo. (a) (2) Search and seizure warrants; execu tion by authorized personnel; custody of articles pending disposition of proceedings; posting of bond or other surety; forfeitures: notification of seizures; expedi tious disposition of proceedings; return of property to owner. (b) Criminal penalties for willful violations. (c) Enforcement provisions; authority of the Secretaries of the Interior and the Treasury; utilization of personnel, serv ices, and facilities of other governmental agencies; arrest without warrant; execution of warrant or other process; searches and seizures; custody of articles pending disposition of case: posting of bond or other surety; for feitures; notification of seizure; return of property to owner.

(d) United States ports of entry; designation: notice and hearing; exceptions to prohibition against importation at nondesignated ports.

(e) Regulations.

668cc-5. International agreements for fish and wildlife

preservation.

(a) Encouragement of programs of foreign countries; bilateral and multilateral agreements; conservation practices when engaging in international trade. (b) Ministerial meeting for signing international conservation convention.

(c) Same; authorization of appropriations. 668cc-6. Coordination of administration of provisions relating to endangered species of fish and wildlife with animal quarantine and tariff laws; functions of Secretaries of Agriculture and Treasury under agricultural and tariff laws, including imports, unimpaired.

§ 668aa. Congressional findings, declaration of policy, and statement of purposes; endangered species; publication in Federal Register; "fish and wildlife" defined.

(a) The Congress finds and declares that one of the unfortunate consequences of growth and development in the United States has been the extermination of some native species of fish and wildlife; that serious losses in other species of native wild animals with educational, historical, recreational, and scientific value have occurred and are occurring; and that the United States has pledged itself, pursuant to migratory bird treaties with Canada and Mexico and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, to conserve and protect, where practicable, the various species of native fish and wildlife, including game and nongame migratory birds, that are threatened with extinction. The purposes of this Act are to provide a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife, including migratory birds, that are threatened with extinction.

(b) It is further declared to be the policy of Congress that the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense, together with the heads of bureaus, agencies, and services within their departments, shall seek to protect species of native fish and wildlife, including migratory birds, that are threatened with extinction, and, insofar as is practicable and consistent with the primary purposes of such bureaus, agencies, and services, shall preserve the habitats of such threatened species on lands under their jurisdiction. (c) A species of native fish and wildlife shall be regarded as threatened with extinction whenever the Secretary of the Interior finds, after consultation with the affected States, that its existence is endangered because its habitat is threatened with destruction, drastic modification, or severe curtailment, or because of overexploitation, disease, predation, or because of other factors, and that its survival requires assistance. In addition to consulting with the States, the Secretary shall, from time to time, seek the advice and recommendations of interested persons and organizations including, but not limited to, ornithologists, ichthyologists, ecologists, herpetologists, and mamalogists. He shall publish in the Federal Register the names of the species of native fish and wildlife found to be threatened with extinction in accordance with this subsection.

(d) For the purpose of sections 668aa through 668cc of this title, the term "fish and wildlife” means

any wild mammal, fish, wild bird, amphibian, reptile, mollusk, or crustacean. (Pub. L. 89-669, § 1, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91-135, § 12(a), (e), Dec. 5, 1969, 83 Stat. 282, 283.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a), means Pub. L. 89669 which enacted sections 668aa-668ee, amended sections 460k, 696, 696b, 715c, 7151-715k, 718d, and repealed sections 715d-1, 715d-2, 7157, 715m of this title.

AMENDMENTS

1969 Subsec. (a). Pub. L. 91-135, § 12(e), eliminated from the statement of purposes the purpose to consolidate, restate, and modify the present authorities relating to administration by the Secretary of the Interior of the National Wildlife Refuge System.

Subsec. (d). Pub. L. 91-135, § 12(a), added subsec. (d).

SHORT TITLE

Section 12(d) of Pub. L. 91-135 provided that: "The provisions of sections 1 through 5 of this Act [sections 668cc-1 through 668cc-5 of this title] and sections 1 through 3 of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa-668cc) [sections 668aa to 668cc of this title], as amended by this section, shall hereinafter [on and after Dec. 5, 1969] be cited as the 'Endangered Species Conservation Act of 1969'."

§ 668bb. Powers and duties of Secretary of Interior. (a) Utilization of statutory authorities for carrying out endangered species program.

The Secretary of the Interior shall utilize the land acquisition and other authorities of the Migratory Board Conservation Act, as amended, the Fish and Wildlife Act of 1956, as amended, and the Fish and Wildlife Coordination Act to carry out a program in the United States of conserving, protecting, restoring, and propagating selected species of native fish and wildlife that are threatened with extinction. (b) Acquisition of lands.

In addition to the land acquisition authorities in such Acts, the Secretary is hereby authorized to acquire by purchase, donation, or otherwise, lands or interests therein needed to carry out the purpose of this Act relating to the conservation, protection, restoration, and propagation of selected species of native fish that are threatened with extinction. (c) Use of land and water conservation funds; limitation on amount; continuing availability of sums; limitation on amount for any one area.

Funds made available pursuant to the Land and Water Conservation Fund Act of 1965 may be used for the purpose of acquiring lands, waters, or interests therein pursuant to this section that are needed for the purpose of conserving, protecting, restoring, and propagating selected species of native fish and wildlife, including migratory birds, that are threatened with extinction. Not to exceed $5,000,000 may be appropriated annually pursuant to that Act for such purpose for any fiscal year, and the total sum appropriated for such purpose shall not exceed $15,000,000: Provided, That the Secretary shall, to the greatest extent possible, utilize funds from the Land and Water Conservation Fund Act of 1965 for such purpose. Such sums shall remain available until expended. The Secretary shall not use more than $2,500,000 to acquire lands, waters, or interests therein for any one area for such purpose unless authorized by Act of Congress.

(d) Administrative review and utilization of other programs; encouragement of, consultations with, and assistance to other Federal agencies for carrying out endangered species program; appropriations for acquisition of privately owned areas. The Secretary shall review other programs administered by him and, to the extent practicable, utilize such programs in furtherance of the purpose of this Act. The Secretary shall also encourage other Federal agencies to utilize, where practicable, their authorities in furtherance of the purpose of this Act and shall consult with and assist such agencies in carrying out endangered species program. The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise any privately owned land, water, or interests therein with the boundaries of any area administered by him, for the purpose of conserving, protecting, restoring, or propagating any selected species of native fish and wildlife that are threatened with extinction and each such acquisition shall be administered in accordance with the provisions of law applicable to such area, and there is authorized to be appropriated annually for fiscal years 1970, 1971, and 1972 not to exceed $1,000,000 to carry out the provisions of this sentence. (Pub. L. 89-669, § 2, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91-135, § 12(b), (c), Dec. 5, 1969, 83 Stat. 282.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, as amended, referred to in subsec. (a), is classified to sections 715715d, 715e, 7151-715k, and 715n-715r of this title.

The Fish and Wildlife Act of 1956, as amended, referred to in subsec. (a), is classified to sections 742a742d and 742e-742] of this title.

The Fish and Wildlife Coordination Act, referred to in subsec. (a), is classified to sections 661-666c of this title. Such Acts, referred to in subsec. (b), means the Migratory Bird Conservation Act, as amended, the Fish and Wildlife Act of 1956, as amended, and the Fish and Wildlife Coordination Act, referred to in subsec. (a).

This Act, referred to in subsecs. (b), (d), means Pub. L. 89-669 which enacted sections 668aa-668ee, amended sections 460k, 696, 696b, 715c, 7151-715k, 718d, and repealed sections 715d-1, 715d-2, 7151, 715m of this title.

The Land and Water Conservation Fund Act of 1965 and that Act (meaning such Act of 1965, referred to in subsec. (c), is classified to section 4601-4 et seq. of this title.

AMENDMENTS

1969-Subsec. (c). Pub. L. 91-135, § 12(b), increased the limitation on amount for any one area from $750,000 to $2,500,000.

Subsec. (d). Pub. L. 91-135, § 12 (c), authorized acquisition of privately owned land, water, or interests therein for carrying out endangered species program and annual appropriations of $1,000,000 for fiscal years 1970, 1971, and 1972, for such purpose.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 668aa of this title.

§ 668cc. Cooperation with States.

(a) Consultations before acquisition of land.

In carrying out the program authorized by this Act, the Secretary shall cooperate to the maximum extent practicable with the several States. Such cooperation shall include consultation before the acquisition of any land for the purpose of conserving, protecting, restoring, or propagating any endangered species of native fish and wildlife.

(b) Area administration and management agreements; disposition of revenues.

The Secretary may enter into agreements with the States for the administration and management of any area established for the conservation, protection, restoration, and propagation of endangered species of native fish and wildlife. Any revenues derived from the administration of such areas under these agreements shall be subject to the provisions of section 715s of this title. (Pub. L. 89-669, §3, Oct. 15, 1966, 80 Stat. 927.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 89-669 which enacted sections 668aa-668ee, amended sections 460k, 696, 696b, 715c, 7151-715k, 718d, and repealed sections 715d-1, 715d-2, 7151, 715m of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 668aa of this title.

§ 668cc-1. Definitions.

For the purposes of sections 668cc-1 through 668cc-5 of this title, the term

(1) "Secretary" means the Secretary of the Interior;

(2) "fish or wildlife" means any wild mammal, fish, wild bird, amphibian, reptile, mollusk, or crustacean, or any part, products, egg, or offspring thereof, or the dead body or parts thereof;

(3) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam; and

(4) "person" means any individual, firm, corporation, association, or partnership. (Pub. L. 91-135, § 1, Dec. 5, 1969, 83 Stat. 275.)

EFFECTIVE DATE

Section 11 of Pub. L. 91-135 provided that: "The provisions of sections 1 through 10 of this Act [enacting sections 668cc-1 to 668cc-6 of this title and amending sections 705, 851, 852, 852a, and 852d(a) of this title and sections 43, 44, 3054, and 3112 of Title 18] shall be effective one hundred and eighty days after the date of enactment of this Act [Dec. 5, 1969]."

§ 668cc-2. Importation of endangered species; civil and criminal punishment under section 668cc-4 of this title.

Except as provided in section 668cc-3 of this title. whoever imports from any foreign country into the United States any species or subspecies of fish or wildlife which the Secretary has determined, in accordance with the provisions of section 668cc-3 of this title, to be threatened with worldwide extinction, shall be punished in accordance with the provisions of section 668cc-4 of this title. (Pub. L. 91135, § 2, Dec. 5, 1969, 83 Stat. 275.)

EFFECTIVE DATE

Section effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668cc-1, 668cc-4. 668cc-5 of this title.

§ 668cc-3. Species threatened with extinction.

(a) Determination by the Secretary; factors; publication in Federal Register; quinquennial review; appropriate action; substantial evidence for review requested by interested persons.

A species or subspecies of fish or wildlife shall be deemed to be threatened with worldwide extinction whenever the Secretary determines, based on the best scientific and commercial data available to him and after consultation, in cooperation with the Secretary of State, with the foreign country or countries, in which such fish or wildlife are normally found and, to the extent practicable, with interested persons and organizations 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, endangered due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment, or the threatened destruction, drastic modification, or severe curtailment, of its habitat, or (2) its overutilization for commercial or sporting purposes, or (3) the effect on it of disease or predation, or (4) other natural or man-made factors affecting its continued existence. After making such determination, the Secretary shall promulgate and from time to time he may revise, by regulation, a list in the Federal Register of such fish or wildlife by scientific, common, and commercial name or names, together with his determination. The Secretary shall at least once every five years conduct a thorough review of any such list to determine what, if any, changes have occurred relative to the continued existence of the species or subspecies of fish or wildlife then on the list and to determine whether such fish or wildlife continue to be threatened with worldwide extinction. Upon completion of such review, he shall take appropriate action consistent with the purposes of this Act. The Secretary shall, upon the request of any interested person, also conduct such review of any particular listed species or subspecies at any other time if he finds and publishes his finding that such person has presented substantial evidence to warrant such a review.

(b) Economic hardship; filing of application; appropriate relief.

In order to minimize undue economic hardship to any person importing any species or subspecies of fish or wildlife which are determined to be threatened with worldwide extinction under this section, under any contract entered into prior to the date of publication of such determination in the Federal Register of such species of subspecies, the Secretary, upon such person filing an application with him and upon filing such information as the Secretary may require showing, to his satisfaction, such hardship, shall permit such person to import such species or subspecies in such quantities and for such periods, not to exceed one year, as he determines to be appropriate.

(c) Importation for educational or scientific purposes. The Secretary may permit, under such terms and conditions as he may prescribe, the importation of any species or subspecies of fish or wildlife listed in the Federal Register under this section for zoologi

cal, educational, and scientific purposes, and for the propagation of such fish or wildlife in captivity for preservation purposes, unless such importation is prohibited by any other Federal law or regulation. (d) Rule making procedure.

The provisions of section 553 of Title 5 shall apply to any regulation issued under this section. (Pub. L. 91-135, § 3, Dec. 5, 1969, 83 Stat. 275.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (a), means Pub. L. 91-135, which enacted sections 668cc-1 to 668cc-6 of this title, amended sections 668aa (a), (d), 668bb (c), (d), 705, 851, 852, 852a, and 852d(a) of this title and sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions set out as notes under sections 668aa, 668cc-1, and 668dd of this title.

EFFECTIVE DATE

Section effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 568cc-1, 658cc-2, 668cc-4, 668cc-5 of this title.

§ 668cc-4. Penalties for violations; Civil penalties for nonwillful violations.

(a)(1) Administrative assessment; notice and hearing; separate offenses; compromises; civil actions; jurisdiction and venue; trial de novo.

Any person who violates any provision of section 668cc-2 or 668cc-3 of this title or any regulation or permit issued thereunder, or any regulation be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Treasury. If no conviction results from any such alleged violation, such fish, wildlife, property or item so seized in connection therewith shall be immediately returned to the owner or consignee in accordance with regulations promulgated by the Secretary, unless the Secretary, within thirty days following the final disposition of the case involving such violation, commences proceedings under subsection (a) of this section.

(d) United States ports of entry; designation; notice and hearing; exceptions to prohibition against importation at nondesignated ports.

For the purposes of facilitating enforcement of sections 668cc-2 and 668cc-3 of this title and reducing the costs thereof, the Secretary, with the approval of the Secretary of the Treasury, shall, after notice and an opportunity for a public hearing, from time to time designate, by regulation, any port or ports in the United States for the importation of fish and wildlife, other than shellfish and fishery products imported for commercial purposes, into the United States. The importation of such fish or wildlife into any port in the United States, except those so designated, shall be prohibited after the effective date of such designations; except that the Secretary, under such terms and conditions as he may prescribe, may permit importation at nondesignated ports for movement to designated ports of entry. Such regulations may provide other exceptions to such prohibition if the Secretary deems it appropriate and consistent with the purposes of this subsection.