
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1532]

 
                         TITLE 16--CONSERVATION
 
                     CHAPTER 35--ENDANGERED SPECIES
 
Sec. 1532. Definitions

    For the purpose of this chapter--
        (1) The term ``alternative courses of action'' means all 
    alternatives and thus is not limited to original project objectives 
    and agency jurisdiction.
        (2) The term ``commercial activity'' means all activities of 
    industry and trade, including, but not limited to, the buying or 
    selling of commodities and activities conducted for the purpose of 
    facilitating such buying and selling: Provided, however, That it 
    does not include exhibition of commodities by museums or similar 
    cultural or historical organizations.
        (3) The terms ``conserve'', ``conserving'', and ``conservation'' 
    mean to use and the use of all methods and procedures which are 
    necessary to bring any endangered species or threatened species to 
    the point at which the measures provided pursuant to this chapter 
    are no longer necessary. Such methods and procedures include, but 
    are not limited to, all activities associated with scientific 
    resources management such as research, census, law enforcement, 
    habitat acquisition and maintenance, propagation, live trapping, and 
    transplantation, and, in the extraordinary case where population 
    pressures within a given ecosystem cannot be otherwise relieved, may 
    include regulated taking.
        (4) The term ``Convention'' means the Convention on 
    International Trade in Endangered Species of Wild Fauna and Flora, 
    signed on March 3, 1973, and the appendices thereto.
        (5)(A) The term ``critical habitat'' for a threatened or 
    endangered species means--
            (i) the specific areas within the geographical area occupied 
        by the species, at the time it is listed in accordance with the 
        provisions of section 1533 of this title, on which are found 
        those physical or biological features (I) essential to the 
        conservation of the species and (II) which may require special 
        management considerations or protection; and
            (ii) specific areas outside the geographical area occupied 
        by the species at the time it is listed in accordance with the 
        provisions of section 1533 of this title, upon a determination 
        by the Secretary that such areas are essential for the 
        conservation of the species.

        (B) Critical habitat may be established for those species now 
    listed as threatened or endangered species for which no critical 
    habitat has heretofore been established as set forth in subparagraph 
    (A) of this paragraph.
        (C) Except in those circumstances determined by the Secretary, 
    critical habitat shall not include the entire geographical area 
    which can be occupied by the threatened or endangered species.
        (6) The term ``endangered species'' means any species which is 
    in danger of extinction throughout all or a significant portion of 
    its range other than a species of the Class Insecta determined by 
    the Secretary to constitute a pest whose protection under the 
    provisions of this chapter would present an overwhelming and 
    overriding risk to man.
        (7) The term ``Federal agency'' means any department, agency, or 
    instrumentality of the United States.
        (8) The term ``fish or wildlife'' means any member of the animal 
    kingdom, including without limitation any mammal, fish, bird 
    (including any migratory, nonmigratory, or endangered bird for which 
    protection is also afforded by treaty or other international 
    agreement), amphibian, reptile, mollusk, crustacean, arthropod or 
    other invertebrate, and includes any part, product, egg, or 
    offspring thereof, or the dead body or parts thereof.
        (9) The term ``foreign commerce'' includes, among other things, 
    any transaction--
            (A) between persons within one foreign country;
            (B) between persons in two or more foreign countries;
            (C) between a person within the United States and a person 
        in a foreign country; or
            (D) between persons within the United States, where the fish 
        and wildlife in question are moving in any country or countries 
        outside the United States.

        (10) The term ``import'' means to land on, bring into, or 
    introduce into, or attempt to land on, bring into, or introduce 
    into, any place subject to the jurisdiction of the United States, 
    whether or not such landing, bringing, or introduction constitutes 
    an importation within the meaning of the customs laws of the United 
    States.
        (11) Repealed. Pub. L. 97-304, Sec. 4(b), Oct. 13, 1982, 96 
    Stat. 1420.
        (12) The term ``permit or license applicant'' means, when used 
    with respect to an action of a Federal agency for which exemption is 
    sought under section 1536 of this title, any person whose 
    application to such agency for a permit or license has been denied 
    primarily because of the application of section 1536(a) of this 
    title to such agency action.
        (13) The term ``person'' means an individual, corporation, 
    partnership, trust, association, or any other private entity; or any 
    officer, employee, agent, department, or instrumentality of the 
    Federal Government, of any State, municipality, or political 
    subdivision of a State, or of any foreign government; any State, 
    municipality, or political subdivision of a State; or any other 
    entity subject to the jurisdiction of the United States.
        (14) The term ``plant'' means any member of the plant kingdom, 
    including seeds, roots and other parts thereof.
        (15) The term ``Secretary'' means, except as otherwise herein 
    provided, the Secretary of the Interior or the Secretary of Commerce 
    as program responsibilities are vested pursuant to the provisions of 
    Reorganization Plan Numbered 4 of 1970; except that with respect to 
    the enforcement of the provisions of this chapter and the Convention 
    which pertain to the importation or exportation of terrestrial 
    plants, the term also means the Secretary of Agriculture.
        (16) The term ``species'' includes any subspecies of fish or 
    wildlife or plants, and any distinct population segment of any 
    species of vertebrate fish or wildlife which interbreeds when 
    mature.
        (17) The term ``State'' means any of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, American 
    Samoa, the Virgin Islands, Guam, and the Trust Territory of the 
    Pacific Islands.
        (18) The term ``State agency'' means any State agency, 
    department, board, commission, or other governmental entity which is 
    responsible for the management and conservation of fish, plant, or 
    wildlife resources within a State.
        (19) The term ``take'' means to harass, harm, pursue, hunt, 
    shoot, wound, kill, trap, capture, or collect, or to attempt to 
    engage in any such conduct.
        (20) The term ``threatened species'' means any species which is 
    likely to become an endangered species within the foreseeable future 
    throughout all or a significant portion of its range.
        (21) The term ``United States'', when used in a geographical 
    context, includes all States.

(Pub. L. 93-205, Sec. 3, Dec. 28, 1973, 87 Stat. 885; Pub. L. 94-359, 
Sec. 5, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, Sec. 2, Nov. 10, 
1978, 92 Stat. 3751; Pub. L. 96-159, Sec. 2, Dec. 28, 1979, 93 Stat. 
1225; Pub. L. 97-304, Sec. 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L. 
100-478, title I, Sec. 1001, Oct. 7, 1988, 102 Stat. 2306.)

                       References in Text

    The customs laws of the United States, referred to in par. (10), are 
classified generally to Title 19, Customs Duties.
    Reorganization Plan Numbered 4 of 1970, referred to in par. (15), is 
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 
2090, which is set out in the Appendix to Title 5, Government 
Organization and Employees.


                               Amendments

    1988--Par. (13). Pub. L. 100-478, Sec. 1001(a), amended par. (13) 
generally. Prior to amendment, par. (13) read as follows: ``The term 
`person' means an individual, corporation, partnership, trust, 
association, or any other private entity, or any officer, employee, 
agent, department, or instrumentality of the Federal Government, of any 
State or political subdivision thereof, or of any foreign government.''
    Par. (15). Pub. L. 100-478, Sec. 1001(b), inserted ``also'' before 
``means the Secretary of Agriculture''.
    1982--Par. (11). Pub. L. 97-304 struck out par. (11) which defined 
``irresolvable conflict'' as, with respect to any action authorized, 
funded, or carried out by a Federal agency, a set of circumstances under 
which, after consultation as required in section 1536(a) of this title, 
completion of such action would violate section 1536(a)(2) of this 
title.
    1979--Par. (11). Pub. L. 96-159 substituted ``action would violate 
section 1536(a)(2) of this title'' for ``action would (A) jeopardize the 
continued existence of an endangered or threatened species, or (B) 
result in the adverse modification or destruction of a critical 
habitat''.
    1978--Pars. (1) to (4). Pub. L. 95-632, Sec. 2(1), (7), added par. 
(1) and redesignated former pars. (1) to (3) as (2) to (4), 
respectively. Former par. (4) redesignated (6).
    Par. (5). Pub. L. 95-632, Sec. 2(2), (7), added par. (5). Former 
par. (5) redesignated (8).
    Par. (6). Pub. L. 95-632, Sec. 2(7), redesignated former par. (4) as 
(6). Former par. (6) redesignated (9).
    Par. (7). Pub. L. 95-632, Sec. 2(3), (7), added par. (7). Former 
par. (7) redesignated (10).
    Pars. (8) to (10). Pub. L. 95-632, Sec. 2(7), redesignated former 
pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) 
redesignated (13) to (15), respectively.
    Pars. (11), (12). Pub. L. 95-632, Sec. 2(4), (7), added pars. (11) 
and (12). Former pars. (11) and (12) redesignated (16) and (17), 
respectively.
    Pars. (13) to (15). Pub. L. 95-632, Sec. 2(7), redesignated former 
pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to 
(15) redesignated as (18) to (20), respectively.
    Par. (16). Pub. L. 95-632, Sec. 2(5), (7), redesignated former par. 
(11) as (16) and substituted ``and any distinct population segment of 
any species of vertebrate fish or wildlife which interbreeds when 
mature'' for ``and any other group of fish or wildlife of the same 
species or smaller taxa in common spatial arrangement that interbreed 
when mature''. Former par. (16) redesignated (21).
    Par. (17). Pub. L. 95-632, Sec. 2(7), redesignated former par. (12) 
as (17).
    Par. (18). Pub. L. 95-632, Sec. 2(6), (7), redesignated former par. 
(13) as (18) and substituted ``fish, plant, or wildlife'' for ``fish or 
wildlife''.
    Pars. (19) to (21). Pub. L. 95-632, Sec. 2(7), redesignated pars. 
(14) to (16) as (19) to (21), respectively.
    1976--Par. (1). Pub. L. 94-359 inserted ``: Provided, however, That 
it does not include exhibition of commodities by museums or similar 
cultural or historical organizations.'' after ``facilitating such buying 
and selling''.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 1536 of this title.
