385 



taxa in common sp>atlal arrangement that inter- 

 breed with mature. 



(12) The term "State" means any of the sev- 

 eral States, the District of Columbia, the Com- 

 monwealth of Puerto Rico, American Samoa, the 

 Virgin Islands, Guam, and the Trust Territory of 

 the Pacific Islands. 



(13) The term "State agency" means the State 

 agency, department, board, commission, or other 

 governmental entity which is responsible for the 

 management and conservation of fish or wildlife 

 resources within a State. 



(14) The term "take" means to harass, harm, 

 pursue, hunt, shoot, woimd, kill, trap, capture, or 

 collect, or to attempt to engage in any such 

 conduct. 



(15) 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. 



(16) The term "United States", when used in a 

 geographical context, includes all States. 



(Pub. L. 93-205, § 3, Dec. 28, 1973. 87 Stat. 885; as 

 amended Pub. L. 94-359, § 5, July 12, 1976, 90 Stat. 

 913.) 



Amendments 



1976— Paragraph (1), Pub. L. 94-359 added the pro- 

 viso to paragraph (1). 



§ 1533. Determination of endangered species and 

 threatened species. 



(a) Generally. 



(1) The Secretary shall by regulation determine 

 whether any species is an endangered species or a 

 threatened species because of any of the following 

 factors : 



(1) the present or threatened destruction, mod- 

 ification, or curtailment of its habitat or range; 



(2) overutilization for commercial, sporting, ■ 

 scientific, or educational purposes; 



(3) disease or predatlon; 



(4) the Inadequacy of existing regulatory 

 mechanisms; or 



(5) other natiu^l or manmade factors affecting 

 Its continued existence. 



(2) With respect to any species over which pro- 

 gram responsibilities have been vested in the Sec- 

 retary of Commerce pursuant to Reorganization 

 Plan Numbered 4 of 1970 — 



(A) In any case in which the Secretary of Com- 

 merce determines that such species should — 



(i) be listed as an endangered species or a 

 threatened species, or 



(11) be changed in status from a threatened 

 species to an endangered species, 

 he shall so inform the Secretary of the Interior; 

 who shall list such species in accordance with this 

 section; 



(B) in any case in which the Secretary of Com- 

 merce determines that such species should — 



(I) be removed from any list published pur- 

 suant to subsection (c) of this section, or 



(II) be changed in status from an endangered 

 species to a threatened species, 



he shall recommend such action to the Secretary 



of the Interior, and the Secretary of the Interior, 

 If he concurs in the recommendation, shall Imple- 

 ment such action; and 



(C) the Secretary of the Interior may not list 

 or remove from any list any such species, and may 

 not change the status of any such species which 

 are listed, without a prior favorable determination 

 made pursuant to this section by the Secretary of 

 Commerce. 



(b) Basis for determinations. 



(1) The Secretary shall make determinations re- 

 quired by subsection (a) of this section on the basis 

 of the best scientific and commercial data avail- 

 able to him and after consultation, as appropriate, 

 with the affected States, interested persons and 

 organizations, other interested Federal agencies, and. 

 In cooperation with the Secretary of State, with the 

 country or countries in which the species concerned 

 is normally found or whose citizens harvest such 

 species on the high seas; except that In any case In 

 which such determinations Involve resident species 

 of flsh or wildlife, the Secretary of the Interior may 

 not add such species to. or remove such species from, 

 any list published pursuant to subsection (c) of this 

 section, unless the Secretary has first — 



(A) published notice in the Federal Register 

 and notified the Governor of each State within 

 which such species is then known to occur that 

 such action is contemplated; 



(B) allowed each such State 90 days after noti- 

 fication to submit its comments and recommen- 

 dations, except to the extent that such period may 

 be shortened by agreement between the Secretary 

 and the Governor or Governors concerned; and 



(C) published In the Federal Register a sum- 

 mary of all comments and recommendations re- 

 ceived by him which relate to such proposed 

 action. 



(2) In determining whether or not any species is 

 an endangered species or a threatened species, the 

 Secretary shall take into consideration those efforts, 

 if any. being made by any nation or any political 

 subdivision of any nation to protect such species, 

 whether by predator control, protection of habitat 

 and food supply, or other conservation practices, 

 within any area under the Jurisdiction of any such 

 nation or political subdivision, or on the high seas. 



(3) Species which have been designated as re- 

 quiring protection from unrestricted commerce by 

 any foreign country, or pursuant to any Interna- 

 tional agreement, shall receive full consideration by 

 the Secretary to determine whether each Is an en- 

 dangered species or a threatened species. 



(c) Lists. 



(1) The Secretary of the Interior shall publish In 

 the Federal Register, and from time to time he may 

 by regulation revise, a list of all species determined 

 by him or the Secretary of Commerce to be en- 

 dangered species and a list of all species deter- 

 mined by him or the Secretary of Commerce to be 

 threatened species. Each list shall refer to the species 

 contained therein by scientific and common name 

 or names, if any. and shall specify with respect to 

 each such species over what portion of its range it 

 is endangered or threatened. 



