Endangered Species Act (16 USC 1531 et seq.)

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U.S.C. Title 16 - CONSERVATION

16 U.S.C.
United States Code, 2019 Edition
Title 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES
Sec. 1531 - Congressional findings and declaration of purposes and policy
From the U.S. Government Publishing Office, www.gpo.gov

§1531. Congressional findings and declaration of purposes and policy
(a) Findings
The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct
as a consequence of economic growth and development untempered by adequate concern and
conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in
danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical,
recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to
conserve to the extent practicable the various species of fish or wildlife and plants facing
extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western
Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and
a system of incentives, to develop and maintain conservation programs which meet national and
international standards is a key to meeting the Nation's international commitments and to better
safeguarding, for the benefit of all citizens, the Nation's heritage in fish, wildlife, and plants.
(b) Purposes
The purposes of this chapter are to provide a means whereby the ecosystems upon which
endangered species and threatened species depend may be conserved, to provide a program for the
conservation of such endangered species and threatened species, and to take such steps as may be
appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this
section.
(c) Policy
(1) It is further declared to be the policy of Congress that all Federal departments and agencies
shall seek to conserve endangered species and threatened species and shall utilize their authorities in
furtherance of the purposes of this chapter.
(2) It is further declared to be the policy of Congress that Federal agencies shall cooperate with
State and local agencies to resolve water resource issues in concert with conservation of endangered
species.
(Pub. L. 93–205, §2, Dec. 28, 1973, 87 Stat. 884; Pub. L. 96–159, §1, Dec. 28, 1979, 93 Stat. 1225;
Pub. L. 97–304, §9(a), Oct. 13, 1982, 96 Stat. 1426; Pub. L. 100–478, title I, §1013(a), Oct. 7, 1988,
102 Stat. 2315.)
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References in Text
This chapter, referred to in subsecs. (b) and (c)(1), was in the original "this Act", meaning Pub. L. 93–205,
Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to
this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments
1988—Subsec. (a)(4)(G). Pub. L. 100–478 substituted "; and" for period at end.
1982—Subsec. (c). Pub. L. 97–304 designated existing provisions as par. (1) and added par. (2).
1979—Subsec. (a)(5). Pub. L. 96–159 substituted "wildlife, and plants" for "wildlife".
Effective Date
Pub. L. 93–205, §16, Dec. 28, 1973, 87 Stat. 903, provided that: "This Act [enacting this chapter, amending
sections 460k–1, 460l–9, 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this title and section 136 of Title
7, Agriculture, repealing sections 668aa to 668cc–6 of this title, and enacting provisions set out as notes under
this section] shall take effect on the date of its enactment [Dec. 28, 1973]."
Short Title of 1982 Amendment
Pub. L. 97–304, §1, Oct. 13, 1982, 96 Stat. 1411, provided: "That this Act [amending this section and
sections 1532, 1533, 1535, 1536, 1537a, 1538, 1539, 1540, and 1542 of this title and enacting provisions set
out as notes under sections 1533, 1537a, and 1539 of this title] may be cited as the 'Endangered Species Act
Amendments of 1982'."
Short Title of 1978 Amendment
Pub. L. 95–632, §1, Nov. 10, 1978, 92 Stat. 3751, provided: "That this Act [amending sections 1532 to
1536, 1538 to 1540, and 1542 of this title] may be cited as the 'Endangered Species Act Amendments of
1978'."
Short Title
Pub. L. 93–205, §1, Dec. 28, 1973, 87 Stat. 884, provided: "That this Act [enacting this chapter, amending
sections 460k–1, 460l–9, 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this title and section 136 of Title
7, Agriculture, repealing sections 668aa to 668cc–6 of this title, and enacting provisions set out as notes under
this section] may be cited as the 'Endangered Species Act of 1973'."
Wildlife Management and Working Lands for Wildlife Conservation Model
Pub. L. 115–334, title II, §2407, Dec. 20, 2018, 132 Stat. 4573, provided that:
"(a) In General.—The Secretary [of Agriculture] and the Secretary of the Interior shall continue to carry
out the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day
before the date of enactment of this Act [Dec. 20, 2018], in accordance with—
"(1) the document entitled 'Partnership Agreement Between the United States Department of
Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish
and Wildlife Service', numbered A–3A7516–937, and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife
Service on August 4, 2016, as in effect on September 15, 2016; and
"(2) United States Fish and Wildlife Service Director's Order No. 217, dated August 9, 2016, as in
effect on August 9, 2016.
"(b) Expansion of Model.—The Secretary and the Secretary of the Interior may expand the conservation
model described in subsection (a) through a new partnership agreement between the Farm Service Agency and
the United States Fish and Wildlife Service for the purpose of carrying out conservation activities for species
conservation.
"(c) Extension of Period of Regulatory Predictability.—
"(1) Definition of period of regulatory predictability.—In this subsection, the term 'period of
regulatory predictability' means the period of regulatory predictability under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) initially determined in accordance with the document and order described in
paragraphs (1) and (2), respectively, of subsection (a).
"(2) Extension.—After the period of regulatory predictability, on request of the Secretary, the
Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may
provide additional consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)), or additional conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable,
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with the Chief of the Natural Resources Conservation Service or the Administrator of the Farm Service
Agency, as applicable, to extend the period of regulatory predictability."
Relationship to Endangered Species Act of 1973
Pub. L. 102–251, title III, §305, Mar. 9, 1992, 106 Stat. 66, as amended by Pub. L. 104–208, div. A, title I,
§101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that: "The special areas defined
in section 3(24) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(24))
shall be considered places that are subject to the jurisdiction of the United States for the purposes of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)."
Minimization of Conflicts With Recreational Fisheries
For provision that all Federal agencies minimize conflicts between recreational fisheries and administration
of this chapter, see Ex. Ord. No. 12962, §4, June 7, 1995, 60 F.R. 30770, set out as a note under section 1801
of this title.
Ex. Ord. No. 13648. Combating Wildlife Trafficking
Ex. Ord. No. 13648, July 1, 2013, 78 F.R. 40621, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
and in order to address the significant effects of wildlife trafficking on the national interests of the United
States, I hereby order as follows:
Section 1. Policy. The poaching of protected species and the illegal trade in wildlife and their derivative
parts and products (together known as "wildlife trafficking") represent an international crisis that continues to
escalate. Poaching operations have expanded beyond small-scale, opportunistic actions to coordinated
slaughter commissioned by armed and organized criminal syndicates. The survival of protected wildlife
species such as elephants, rhinos, great apes, tigers, sharks, tuna, and turtles has beneficial economic, social,
and environmental impacts that are important to all nations. Wildlife trafficking reduces those benefits while
generating billions of dollars in illicit revenues each year, contributing to the illegal economy, fueling
instability, and undermining security. Also, the prevention of trafficking of live animals helps us control the
spread of emerging infectious diseases. For these reasons, it is in the national interest of the United States to
combat wildlife trafficking.
In order to enhance domestic efforts to combat wildlife trafficking, to assist foreign nations in building
capacity to combat wildlife trafficking, and to assist in combating transnational organized crime, executive
departments and agencies (agencies) shall take all appropriate actions within their authority, including the
promulgation of rules and regulations and the provision of technical and financial assistance, to combat
wildlife trafficking in accordance with the following objectives:
(a) in appropriate cases, the United States shall seek to assist those governments in anti-wildlife trafficking
activities when requested by foreign nations experiencing trafficking of protected wildlife;
(b) the United States shall promote and encourage the development and enforcement by foreign nations of
effective laws to prohibit the illegal taking of, and trade in, these species and to prosecute those who engage in
wildlife trafficking, including by building capacity;
(c) in concert with the international community and partner organizations, the United States shall seek to
combat wildlife trafficking; and
(d) the United States shall seek to reduce the demand for illegally traded wildlife, both at home and abroad,
while allowing legal and legitimate commerce involving wildlife.
Sec. 2. Establishment. There is established a Presidential Task Force on Wildlife Trafficking (Task Force),
to be co-chaired by the Secretary of State, Secretary of the Interior, and the Attorney General (Co-Chairs), or
their designees, who shall report to the President through the National Security Advisor. The Task Force shall
develop and implement a National Strategy for Combating Wildlife Trafficking in accordance with the
objectives outlined in section 1 of this order, consistent with section 4 of this order.
Sec. 3. Membership. (a) In addition to the Co-Chairs, the Task Force shall include designated senior-level
representatives from:
(i) the Department of the Treasury;
(ii) the Department of Defense;
(iii) the Department of Agriculture;
(iv) the Department of Commerce;
(v) the Department of Transportation;
(vi) the Department of Homeland Security;
(vii) the United States Agency for International Development;
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(viii) the Office of the Director of National Intelligence;
(ix) the National Security Staff;
(x) the Domestic Policy Council;
(xi) the Council on Environmental Quality;
(xii) the Office of Science and Technology Policy;
(xiii) the Office of Management and Budget;
(xiv) the Office of the United States Trade Representative; and
(xv) such agencies and offices as the Co-Chairs may, from time to time, designate.
(b) The Task Force shall meet not later than 60 days from the date of this order and periodically thereafter.
Sec. 4. Functions. Consistent with the authorities and responsibilities of member agencies, the Task Force
shall perform the following functions:
(a) not later than 180 days after the date of this order, produce a National Strategy for Combating Wildlife
Trafficking that shall include consideration of issues relating to combating trafficking and curbing consumer
demand, including:
(i) effective support for anti-poaching activities;
(ii) coordinating regional law enforcement efforts;
(iii)developing and supporting effective legal enforcement mechanisms; and
(iv) developing strategies to reduce illicit trade and reduce consumer demand for trade in protected species;
(b) not later than 90 days from the date of this order, review the Strategy to Combat Transnational
Organized Crime of July 19, 2011, and, if appropriate, make recommendations regarding the inclusion of
crime related to wildlife trafficking as an implementation element for the Federal Government's transnational
organized crime strategy;
(c) coordinate efforts among and consult with agencies, as appropriate and consistent with the Department
of State's foreign affairs role, regarding work with foreign nations and international bodies that monitor and
aid in enforcement against crime related to wildlife trafficking; and
(d) carry out other functions necessary to implement this order.
Sec. 5. Advisory Council on Wildlife Trafficking. Not later than 180 days from the date of this order, the
Secretary of the Interior (Secretary), in consultation with the other Co-Chairs of the Task Force, shall establish
an Advisory Council on Wildlife Trafficking (Advisory Council) that shall make recommendations to the Task
Force and provide it with ongoing advice and assistance. The Advisory Council shall have eight members, one
of whom shall be designated by the Secretary as the Chair. Members shall not be employees of the Federal
Government and shall include knowledgeable individuals from the private sector, former governmental
officials, representatives of nongovernmental organizations, and others who are in a position to provide
expertise and support to the Task Force.
Sec. 6. General Provisions. (a) This order shall be implemented consistent with applicable domestic and
international law, and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that
department or agency within the Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
(d) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to
the Advisory Council, any functions of the President under the Act, except for that of reporting to the
Congress, shall be performed by the Secretary in accordance with the guidelines issued by the Administrator
of General Services.
(e) The Department of the Interior shall provide funding and administrative support for the Task Force and
Advisory Council to the extent permitted by law and consistent with existing appropriations.

Barack Obama.      
[Reference to the National Security Staff to be understood to refer to the staff of the National Security
Council, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.]
Extension of Term of Advisory Council on Wildlife Trafficking

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Term of Advisory Council on Wildlife Trafficking extended until Sept. 30, 2017, by Ex. Ord. No. 13708,
Sept. 30, 2015, 80 F.R. 60271, set out as a note under section 14 of the Federal Advisory Committee Act in the
Appendix to Title 5, Government Organization and Employees.

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