391 



economic hardship" shall include, but not be limited 

 to: 



(A) substantial economic loss resulting from in- 

 ability caused by this chapter to perform contracts 

 with respect to species of fish and wildlife entered 

 into prior to the date of publication in the Federal 

 Register of a notice of consideration of such species 

 as an endangered species ; 



(B) substantial economic loss to persons who, 

 for the year prior to the notice of consideration of 

 such species as an endangered species, derived a 

 substantial portion of their Income from the lawful 

 taking of any listed species, which taking would be 

 made unlawful imder this chapter; or 



(C) curtailment of subsistence taking made un- 

 lawful under this chapter by persons (1) not rea- 

 sonably able to secure other sources of subsist- 

 ence; and (ii) dependent to a substantial extent 

 upon hunting and fishing for subsistence; and (iii) 

 who must engage in such curtailed taking for sub- 

 sistence purposes. 



(3) The Secretary may make further requirements 

 for a showing of undue economic hardship as he 

 deems fit. Exceptions granted under this section may 

 be limited by the Secretary in his discretion as to 

 time, area, or other factor of applicability. 



(c) Notice and review. 



The Secretary shall publish notice In the F'ederal 

 Register of each application for an exemption or 

 permit which Is made under this section. Each 

 notice shall invite the submission from Interested 

 parties, within thirty days after the date of the no- 

 tice, written data, views, or arguments with respect 

 to the application. Information received by the Sec- 

 retary as a part of any application shall be avail- 

 able to the public as a matter of public record at 

 every stage of the proceeding: except that such 

 thirty-day period may be waived by the Secretary 

 in an emergency situation where the health or life 

 of an endangered animal is threatened and no 

 reasonable alternative is available to the applicant, 

 but notice of any such waiver shall be published 

 by the Secretary in the Federal Register within 

 ten days following the issuance of the exemption 

 or permit. 



(d) Permit and exemption policy. 



The Secretary may grant exceptions under sub- 

 sections (a) and (b) of this section only if he finds 

 and publishes his finding in the Federal Register 

 that (1) such exceptions were applied for in good 

 faith, (2) if granted and exercised will not operate 

 to the disadvantage of such endangered species, and 

 (3) will be consistent with the purposes and policy 

 set forth in section 1531 of this title. 



(e) Alaska natives. 



(1) Except as provided in paragraph (4) of this 

 subsection the provisions of this chapter shall not 

 apply with respect to the taking of any endangered 

 species or threatened species, or the Importation of 

 any such species taken pursuant to this section, by — 



(A) any Indian, Aleut, or Eskimo who Is an 

 Alaskan Native who resides in Alaska; or 



(B) any non-native permanent resident of an 

 Alaskan native village; 



If such taking is primarily for subsistence purposes. 



Non-edible byproducts of species taken pursuant to 

 this section may be sold in Interstate commerce 

 when made into authentic native articles of handi- 

 crafts and clothing ; except that the provisions of this 

 subsection shall not apply to any non-native resident 

 of an Alaskan native village found by the Secretary 

 to be not primarily dependent upon the taking of fish 

 and wildlife for consumption or for the creation and 

 sale of authentic native articles of handicrafts and 

 clothing. 



(2) Any taking under this subsection may not be 

 accomplished in a wasteful manner. 



(3) As used in this subsection — 



(i) The term "subsistence" Includes selling any 

 edible portion of fish or wildlife in native villages 

 and towns in Alaska for native consumption within 

 native villages or towns ; and 



(11) The term "authentic native articles of hand- 

 icrafts and clothing" means items composed wholly 

 or in some significant respect of natural materials, 

 and which are produced, decorated, or fashioned 

 in the exercise of traditional native handicrafts 

 without the use of pantographs, multiple carvers, 

 or other mass copying devices. Traditional native 

 handicrafts include, but are not limited to, weav- 

 ing, carving, stitching, sewing, lacking, beading, 

 drawing, and painting. 



(4) Notwithstanding the provisions of paragraph 

 (1) of this subsection, whenever the Secretary deter- 

 mines that any species of flsh or wildlife which is 

 subject to taking under the provisions of this sub- 

 section is an endangered species or threatened spe- 

 cies, and that such taking materially and negatively 

 affects the threatened or endangered species, he may 

 prescribe regulations upon the taking of such species 

 by any such Indian, Aleut, Eskimo, or non-Native 

 Alaskan resident of an Alaskan native village. Such 

 regulations may be established with reference to spe- 

 cies, geographical description of the area included, 

 the season for taking, or any other factors related to 

 the reason for establishing such regulations and con- 

 sistent with the policy of this chapter. Such regula- 

 tions shall be prescribed after a notice and hearings 

 in the affected judicial districts of Alaska and as 

 otherwise required by section 1373 of this title, and 

 shall be removed as soon as the Secretary deter- 

 mines that the need for their impyositions has disap- 

 peared. 



(f)(1) As used in this subsection — 



(A) The term "pre-Act endangered species part"i 

 means — 



(i) any sperm whale oil, including deriva-l 

 tives thereof, which was lawfully held within 

 the United States on December 28, 1973, in| 

 the course of a commercial activity; or 



(ii) any finished scrimshaw product, if such 

 product or the raw material for such product 

 was lawfully held within the United States on 

 December 28, 1973, in the course of a com- 

 mercial activity. 



(B) The term "scrimshaw product" means any 

 art form which involves the etching or engraving 

 of designs upyon, or the carving of figures, pat- 

 terns, or designs from, any bone or tooth of any 

 marine mammal of the order Cetacea. 



