389 



(b) Encouragement of foreign programs. 



In order to carry out further the provisions of this 

 chapter, the Secretary, through the Secretary of 

 State, shall encourage — 



(1) foreign countries to provide for the con- 

 servation of fish or wildlife including endangered 

 species and threatened species listed pursuant to 

 section 1533 of this title; 



(2) the entering Into of bilateral or multilateral 

 agreements with foreign countries to provide for 

 such conservation ; and 



(3) foreign persons who directly or indirectly 

 take fish or wildlife in foreign countries or on the 

 high seas for importation into the United States 

 for commercial or other purposes to develop and 

 carry out with such assistance as he may provide, 

 conservation practices designed to enhance such 

 fish or wildlife and their habitat. 



(c) Personnel. 



After consultation with the Secretary of State, the 

 Secretary may — 



(1) assign or otherwise make available any of- 

 ficer or employee of his department for the purpose 

 of cooperating with foreign countries and interna- 

 tional organizations in developing personnel re- 

 sources and programs which promote the conser- 

 vation of fish or wildlife ; and 



(2) conduct or provide financial assistance for 

 the educational training of foreign personnel. In 

 this coimtry or abroad, in fish, wildlife, or plant 

 management, research and law enforcement and 

 to render professional assistance abroad in such 

 matters. 



(d) Investigations. 



After consultation with the Secretary of State and 

 the Secretary of the Treasury, as appropriate, the 

 Secretary may conduct or cause to be conducted 

 such law enforcement investigations and research 

 abroad as he deems necessary to carry out the pur- 

 poses of this chapter. 



(e) Convention implementation. 



The President is authorized and directed to desig- 

 nate agencies to act as the Management Authority 

 or Authorities and the Scientific Authority or Au- 

 thorities pursuant to the Convention. The agencies 

 so designated shall thereafter be authorized to do 

 all things assigned to them under the Convention, 

 including the issuance of {>ermlts and certificates. 

 The agency designated by the President to com- 

 municate with other parties to the Convention and 

 with the Secretariat shall also be empowered, where 

 appropriate, in consultation with the State Depart- 

 ment, to act on behalf of and represent the United 

 States in all regards as required by the Convention. 

 The President shall also designate those agencies 

 which 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. (Pub. L. 93-205, i 8, 

 Dec. 28, 1973, 87 Stat. 892.) 



§ 1538. Prohibited acts, 

 (a) Generally. 



(1) Except as provided in sections 1536(g)(2) 

 and 1539 of this title, with respect to any endangered 



species of fish or wildlife listed pursuant to section 

 1533 of this title It is unlawful for any person subject 

 to the jurisdiction of the United States to — 



(A) impKsrt any such species Into, or export any 

 such species from the United States; 



(B) take any such species within the United 

 States or the territorial sea of the United States; 



(C) take any such species upon the high seas; 



(D) possess, sell, deliver, carry, transport, or 

 ship, by any means whatsoever, any such species 

 taken In violation of subparagraphs (B) and (C) ; 



(E) deliver, receive, carry, transport, or ship in 

 Interstate or foreign commerce, by any means 

 whatsoever and In the course of commercial ac- 

 tivity, any such species; 



(P) sell or offer for sale in Interstate or foreign 

 commerce any such species; or 



(G) violate any regulation pertsdnlng to suc.h 

 species or to any threatened species of fish or wild- 

 life listed pursuant to section 1533 of this title 

 and promulgated by the Secretary pursuant to 

 authority provided by this chapter. 

 (2) Except as provided in sections 1535(g) (2) and 

 1539 of this title, with respect to any endsuigered 

 species of plants listed pursuant to section 1533 of 

 this title. It Is uiUawful for any person subject to the 

 jurisdiction of the United States to — 



(A) Import any such species Into, or export any 

 such species from, the United States; 



(B) deliver, receive, carry, transport, or ship In 

 interstate or foreign commerce, by any means 

 whatsoever and in the course of a commercial ac- 

 tivity, any such st>ecles ; 



(C) sell or offer for sale in Interstate or foreign 

 commerce any such species ; or 



(D) violate any regulation pertaining to such 

 species or to any threatened species of plants listed 

 pursuant to section 1533 of this title and promul- 

 gated by the Secretary pursuant to authority pro- 

 vided by this chapter. 



(b) Species held in captivity or controlled environ- 

 ment. 



The provisions of this section shall not apply to 

 any fish or wildlife held in captivity or in a con- 

 trolled environment on December 28, 1973, If the 

 purposes of such holding are not contrary to the 

 purposes of this chapter: except that this subsection 

 shall not apply In the case of any fish or wildlife 

 held In the course of a commercial activity. With 

 respect to any act prohibited by this section which 

 occurs after a period of 180 days from December 28, 

 1973, there shall be a rebuttable presumption that 

 the fish or wildlife involved in such act was not held 

 in captivity or In a controlled environment on De- 

 cember 28, 1973. 



(c) Violation of Convention. 



(1) It is unlawful for any person subject to the 

 jurisdiction of the United States to engage In any 

 trade in any specimens contrary to the provisions 

 of the Convention, or to possess any specimens traded 

 contrary to the provisions of the Convention, includ- 

 ing the definitions of terms in article I thereof. 



(2) Any importation into the United States of fish 

 or wildlife shall, if — 



(A) such fish or wildlife is not an endangered 

 species listed pursuant to section 1533 of this title 



