390 



but is listed in Appendix n to the Convention, 



(B) the taking and exportation of such fish or 

 wildlife is not contrary to the provisions of the 

 Convention and all other applicable requirements 

 of the Convention have been satisfied, 



(C) the applicable requirements of subsections 

 (d) , (e) , and (f ) of this section have been satis- 

 fied, and 



(D) such importation is not made in the course 

 of a commercial activity, 



be presumed to be an importation not in violation of 

 any provision of this chapter or any regulation is- 

 sued pursuant to this chapter. 



(d) Imports and exports. 



(1) It is unlawful for any person to engage in 

 business as an importer or exporter of fish or wild- 

 life (other than shellfish and fishery products which 

 (A) are not listed pursuant to section 1533 of this 

 title as endangered species or threatened species, 

 and (B) are imported for purposes of human or 

 animal consumption or taken in waters under the 

 jurisdiction of the United States or on the high seas 

 for recreational purposes) or plants without first 

 having obtained permission from the Secretary. 



(2) Any person required to obtain permission un- 

 der paragraph (1) of this subsection shall — 



(A) keep such records as will fully and correctly 

 disclose each importation or exportation of fish, 

 wildlife, or plants made by him and the subsequent 

 disposition made by him with respect to such fish, 

 wildlife, or plants ; 



CB) at all reasonable times upon notice by a 

 duly authorized representative of the Secretary, 

 afford such representative access to his places of 

 business, an opportunity to examine his inven- 

 tory of ImrKirtPd fish, wildlife, or plants and the 

 records required to be kept under subparagraph 

 (A) of this paragraph, and to copy such records; 

 and 



(C) file such reports as the Secretary may re- 

 quire. 



(3) The Secretary shall prescribe such regulations 

 as are necessary and appropriate to carry out the 

 purposes of this subsection. 



(e) Reports. 



It is unlawful for any person importing or export- 

 ing fish or wildlife (other than shellfish and fishery 

 products which (1) are not listed pursuant to sec- 

 tion 1533 of this title as endangered or threatened 

 species, and (2) are Imported for purposes of human 

 or animal consumption or taken in waters under the 

 jurisdiction of the United States or on the high seas 

 for recreational purposes) or plants to fall to file 

 any declaration or report as the Secretary deems 

 necessary to facilitate enforcement of this chapter 

 or to meet the obligations of the Convention. 



(f) Designation of ports. 



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

 Jurisdiction of the United States to import into or 

 export from the United States any fish or wildlife 

 (other than shellfish Eind fishery products which (A) 

 are not listed pursuant to section 1533 of this title as 

 endangered species or threatened species, and (B) 

 are imported for purposes of human or animal con- 

 sumption or taken in waters imder the Jurisdiction 



of the United States or on the high seas for recrea- 

 tional purposes) or plants, except at a port or ports 

 designated by the Secretary of the Interior. For the 

 purpose of facilitating enforcement of this chapter 

 and reducing the costs thereof, the Secretary of the 

 Interior, with approval of the Secretary of the Treas- 

 ury and after notice and opportunity for public 

 hearing, may, by regulation, designate ports and 

 change such designations. The Secretary of the In- 

 terior, luider such terms and conditions as he may 

 prescribe, may permit the importation or exporta- 

 tion at nondeslgnated ports in the interest of the 

 health or safety of the fish or wildlife or plants, or 

 for other reasons, if, in his discretion, he deems it 

 appropriate and consistent with the purpose of this 

 subsection. 



(2) Any port designated by the Secretary of the 

 Interior under the authority of section 668cc-4 (d) 

 of this title, shall, if such designation is in effect on 

 December 27, 1973, be deemed to be a port desig- 

 nated by the Secretary under paragraph (1) of this 

 subsection until such time as the Secretary other- 

 wise provides. 



(g) Violations. 



It is unlawful for any person subject to the juris- 

 diction of the United States to attempt to commit, 

 solicit another to commit, or cause to be committed, 

 any offense defined in his section. (Pub. L. 93-205, 

 § 9, Dec. 28, 1973, 87 Stat. 893.) 



§ 1539. Exceptions. 



(a) Permits. 



The Secretary may permit, under such terms and 

 conditions as he may prescribe, any act otherwise 

 prohibited by section 1538 of this title for scientific 

 purposes or to enhance the propagation or survival of 

 the affected species. 



(b) Hardship exemptions. 



(1) If any person enters into a contract with re- 

 spect to a species of fish or wildlife or plant before 

 the date of the publication in the Federal Register 

 of notice of consideration of that species as an en- 

 dangered species and the subsequent listing of that 

 species as an endangered species pursuant to section 

 1533 of this title will cause undue economic hardship 

 to such person under the contract, the Secretary, in 

 order to minimize such hardship, may exempt such 

 person from the application of section 1538(a) of this 

 title to the extent the Secretary deems appropriate If 

 such person applies to him for such exemption and 

 includes with such application such information as 

 the Secretary may require to prove such hardship; 

 except that (A) no such exemption shall be for a 

 duration of more than one year from the date of 

 publication In the Federal Register of notice of con- 

 sideration of the species concerned, or shall apply to 

 a quantity of fish or wildlife or plants in excess of 

 that specified by the Secretary: (B) the one-year pe- 

 riod for those species of fish or wildlife listed by the 

 Secretary as endangered prior to December 28, 1973, 

 shall expire in accordance with the terms of section 

 668CC-3 of this title; and (C) no such exemption 

 may be granted for the importation or exportation 

 of a specimen listed in Appendix I of the Convention 

 which Is to be used in a commercial activity. 



(2) As used In this subsection, the term "undue 



