386 



(2) The Secretary shall, upon the petition of an 

 Interested person under section 553(e) of Title 5, 

 conduct a review of any listed or unlisted species 

 proposed to be removed from or added to either of 

 the lists published pursuant to paragraph (1) of 

 this subsection, but only If he makes and publishes 

 a finding that such person has presented substan- 

 tial evidence which in his judgment warrants such 

 a review. 



(3) Any list in effect on December 27, 1973, of 

 species of fish or wildlife determined by the Secre- 

 tary of the Interior, pursuant to the Endangered 

 Species Conservation Act of 1969, to be threatened 

 with extinction shall be republished to conform to 

 the classification for endangered species or threat- 

 ened species, as the case may be, provided for in 

 this chapter, but until such republication, any such 

 species so listed shall be deemed an endangered 

 species within the meaning of this chapter. The re- 

 publication of any species pursuant to this para- 

 graph shall not require public hearing or comment 

 under section 553 of Title 5. 



(d) Protective regulations. 



Whenever any species is listed as a threatened 

 species pursuant to subsection (c) of this section, 

 the Secretary shall issue such regulations as he 

 deems necessary and advisable to provide for the 

 conservation of such species. The Secretory may by 

 regulation prohibit with respect to any threatened 

 species any act prohibited under section 1538(a) (1) 

 of this title, in the case of fish or wildlife, or section 

 1538(a) (2) of this title, in the case of plants, with 

 respect to endangered species; except that with re- 

 spect to the taking of resident species of fish or wild- 

 life, such regulations shall apply in any State which 

 has entered into a cooperative agreement pursuant 

 to section 1535(a) of this title only to the extent that 

 such regulations have also been adopted by such 

 State. 

 (e) Similarity of appearance cases. 



The Secretary may, by regulation, and to the ex- 

 tent he deems advisable, treat any species as an en- 

 dangered species or threatened species even though 

 It is not listed pursuant to thU section if he finds 



that— 



(A) such species so closely resembles in appear- 

 ance, at the point in question, a species which has 

 been listed pursuant to such section that enforce- 

 ment personnel would have substantial difficulty 

 in attempting to differentiate between the listed 

 and unlisted species; 



(B) the effect of this substantial difficulty Is 

 an additional threat to an endangered or threat- 

 ened species; and 



(C) such treatment of an unlisted species will 

 substantially facUftate the enforcement and fur- 

 ther the policy of this chapter. 



(f) Regulations. 



(1) Except as provided In paragraphs (2) and (3) 

 of this subsection and subsection (b) of this section, 

 the provisions of section 553 of Title 5 (relating to 

 rulemaking procedures) , shall apply to any regula- 

 tion promulgated to carry out the purposes of this 

 chapter. 



(2) (A) In the case of any regulation proposed by 

 the Secretary to carry out the purposes of this 

 chapter — 



(I) the Secretary shall publish general notice 

 of the proposed regulation (Including the complete 

 text of the regulation) In the Federal Register not 

 less than 60 days before the effective date of the 

 regulation; and 



(II) If any person who feels that he may be 

 adversely affected by the proposed regulation flies 

 (within 45 days after the date of publication of 

 general notice) objections thereto and requests a 

 public hearing thereon, the Secretary may grant 

 such request, but shall, if he denies such request, 

 publish his reasons therefor in the Federal 

 Register. 



(B) Neither subparagraph (A) of this paragraph 

 nor section 553 of Title 5 shall apply in the case of 

 any of the following regulations and any such regula- 

 tion shall, at the discretion of the Secretary, take 

 effect immediately upon publication of the regulation 

 in the Federal Register: 



(I) Any regulation appropriate to carry out the 

 purposes of this chapter which was originally 

 promulgated to carry out the Endangered Species 

 Conservation Act of 1969. 



(II) Any regulation (including any regulation 

 implementing section 1535(g) (2) (B) (11) of this 

 title) issued by the Secretary in regard to any 

 emergency posing a significant risk to the well- 

 being of any species of fish or wildlife, but only If 

 (I) at the time of publication of the regulation In 

 the Federal Register the Secretary publishes there- 

 in detailed reasons why such regulation is neces- 

 sary, and (II) in the case such regulation applies 

 to resident species of fish and wildlife, the require- 

 ments of subsection (b) (1) (A) of this section 

 have been complied with. Any regulation 

 promulgated under the authority of this clause (11) 

 shall cease to have force and effect at the close of 

 the 120-day period following the date of publica- 

 tion unless, during such 120-day period, the rule- 

 making procedures which would apply to such 

 regulation without regard to this subparagraph are 

 compiled with. 



(3) The publication in the Federal Register of any 

 proposed or final regulation which is necessary or 

 appropriate to carry out the purposes of this chapter 

 shall include a statement by the Secretary of the 

 facts on which such regulation is based and the rela- 

 tionship of such facts to such regulation. (Pub. L. 

 93-205, § 4, Dec. 28, 1973, 87 Stat. 886; as amended 

 Pub. L. 94-359, § 1, July 12, 1976, 90 Stat. 911.) 



Amendments 



1976 — Subsec. (f) (2) (B) (11) , Pub. L. 94-359 substi- 

 tuted "subsection (b)(1)(A)" for "subsection (b)(A), 

 (B), and (C)". 



§1534. Land acquisition. ' 



(a) The Secretary of the Interior shaU establish 

 and implement a program to conserve (A) fish or 

 wildlife which are listed as endangered species or 

 threatened species pursuant to section 1533 of this 

 title; or (B) plants which are concluded in Appen- 



