Title 16 — Conservation
Chapter 35 — Endangered Species
§ 1532. Definitions
Statutory text
For the purposes of this chapter—
The term “alternative courses of action” means all alternatives and thus is not limited to original project objectives and agency jurisdiction.
The term “commercial activity” means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.
The terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.
The term “Convention” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on , and the appendices thereto.
The term “critical habitat” for a threatened or endangered species means—
the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 1533 of this title, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and
specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 1533 of this title, upon a determination by the Secretary that such areas are essential for the conservation of the species.
Critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph.
Except in those circumstances determined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species.
The term “endangered species” means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this chapter would present an overwhelming and overriding risk to man.
The term “Federal agency” means any department, agency, or instrumentality of the United States.
The term “fish or wildlife” means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.
The term “foreign commerce” includes, among other things, any transaction—
between persons within one foreign country;
between persons in two or more foreign countries;
between a person within the United States and a person in a foreign country; or
between persons within the United States, where the fish and wildlife in question are moving in any country or countries outside the United States.
The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
Repealed. Pub. L. 97–304, § 4(b), , 96 Stat. 1420.
The term “permit or license applicant” means, when used with respect to an action of a Federal agency for which exemption is sought under section 1536 of this title, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 1536(a) of this title to such agency action.
The term “person” means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.
The term “plant” means any member of the plant kingdom, including seeds, roots and other parts thereof.
The term “Secretary” means, except as otherwise herein provided, the Secretary of the Interior or the Secretary of Commerce as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970; except that with respect to the enforcement of the provisions of this chapter and the Convention which pertain to the importation or exportation of terrestrial plants, the term also means the Secretary of Agriculture.
The term “species” includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.
The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.
The term “State agency” means any State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish, plant, or wildlife resources within a State.
The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
The term “threatened species” means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
The term “United States”, when used in a geographical context, includes all States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Endangered Species Art of 1973
Pub. L. 93–205 § 3 · 87 Stat. 884
Enacted · 16 U.S.C. § 1532
Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885
Source evidence
Code source credit
Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885Enacted provision · exact public law section
Sec. 3. definitions For the purposes of this Act— (1) The term “commercial activity” means all activities of industry and trade, including, but not limited to. the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling. (2) The terms “conserve”, “conserving”, and “conservation” mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no hunger necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and. in the extraordinary ease where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. (3) The term “Convention” means the Convention on Inter-national Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and the appendices thereto. (4) The term “endangered species” means any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the, Class Insect a determined by the Secretary to constitute a. pest whose protection under the provisions of this Act would present an overwhelming and over-riding risk to man. (5) The term “fish or wildlife” means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory. or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg. or offspring thereof, or the dead laxly or parts thereof. (6) The term “foreign commerce” includes, among other things, any transact ion— (A) between persons within one foreign country; (B) between persons in two or more foreign countries; (C) between a person within the United States and a per-son in a foreign country; or (D) between persons within the United States, where the fish and wildlife in question are moving in any country or countries outside the United States. (7) The term “import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (8) The term “person” means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government. (9) The term “plant” means any member of the plant kingdom, including seeds, roots and other parts thereof. (10) The term “Secretary” means, except as otherwise herein provided, the Secretary of the Interior or the Secretary of Commerce as program responsibilities are vested pursuant to tire 84 Stat. 2090. 5 USC app. II. provisions of Reorganization Plan Numbered 4 of 1970; except that with respect to the enforcement of the provisions of this Act and the Convention which pertain to the importation or exportation of terrestrial plants, the term means the Secretary of Agriculture. (11) The term “species” includes any subspecies of fish or wold-life or plants and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that inter-breed when mature. (12) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. (13) The term “State agency” means the State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish or wild-life resources within a State. (14) The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct, (15) The term “threatened species” means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. (16) The term “United States”, when used in a geographical context, includes all States.Pub. L. 94–359 § 5 · 90 Stat. 911
Inserted · 16 U.S.C. § 1532(1)
Pub. L. 94–359 inserted “: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.” after “facilitating such buying and selling”
Source evidence
Code amendment note
Par. (1). Pub. L. 94–359 inserted “: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.” after “facilitating such buying and selling”.Enacted provision · exact public law section
Sec. 5. Paragraph (1) of section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532(1)) is amended by striking the period and inserting in lieu thereof “: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.”.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(1) · 92 Stat. 3751
Added · 16 U.S.C. § 1532(1)(4)
Pub. L. 95–632, § 2(1), (7), added par. (1)
Redesignated · 16 U.S.C. § 1532(1)(4)
Pub. L. 95–632, § 2(1), (7), redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (6)
Source evidence
Code amendment note
Pars. (1) to (4). Pub. L. 95–632, § 2(1), (7), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (6).Enacted provision · exact public law section
(1) by inserting before paragraph (1) thereof the following new paragraph: “(1) The term ‘alternative courses of action’ means all alternatives and thus is not limited to original project objectives and agency jurisdiction.”;Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(2) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(5)
Pub. L. 95–632, § 2(2), (7), added par. (5). Former par. (5) redesignated (8)
Source evidence
Code amendment note
Par. (5). Pub. L. 95–632, § 2(2), (7), added par. (5). Former par. (5) redesignated (8).Enacted provision · exact public law section
(2) by inserting after paragraph (4) as redesignated by paragraph (7) of this section the following new paragraph: “(5) (A) The term ‘critical habitat’ for a threatened or endangered species means— “(i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found 16 USC 1533. those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and “(ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the species. “(B) Critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph. “(C) Except in those circumstances determined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species.”;Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(7) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(6)
Pub. L. 95–632, § 2(7), redesignated former par. (4) as (6). Former par. (6) redesignated (9)
Source evidence
Code amendment note
Par. (6). Pub. L. 95–632, § 2(7), redesignated former par. (4) as (6). Former par. (6) redesignated (9).Enacted provision · exact public law section
(7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(3) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(7)
Pub. L. 95–632, § 2(3), (7), added par. (7). Former par. (7) redesignated (10)
Source evidence
Code amendment note
Par. (7). Pub. L. 95–632, § 2(3), (7), added par. (7). Former par. (7) redesignated (10).Enacted provision · exact public law section
(3) by inserting after paragraph (6), as redesignated by paragraph (7) of this section the following new paragraph: “(7) The term ‘Federal agency’ means any department, agency, or instrumentality of the United States.”;Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(7) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(8)(10)
Pub. L. 95–632, § 2(7), redesignated former pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (13) to (15), respectively
Source evidence
Code amendment note
Pars. (8) to (10). Pub. L. 95–632, § 2(7), redesignated former pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (13) to (15), respectively.Enacted provision · exact public law section
(7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(4) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(11); 16 U.S.C. § 1532(12)
Pub. L. 95–632, § 2(4), (7), added pars. (11) and (12). Former pars. (11) and (12) redesignated (16) and (17), respectively
Source evidence
Code amendment note
Pars. (11), (12). Pub. L. 95–632, § 2(4), (7), added pars. (11) and (12). Former pars. (11) and (12) redesignated (16) and (17), respectively.Enacted provision · exact public law section
Sec. 2. Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended— (1) by inserting before paragraph (1) thereof the following new paragraph: “(1) The term ‘alternative courses of action’ means all alternatives and thus is not limited to original project objectives and agency jurisdiction.”; (2) by inserting after paragraph (4) as redesignated by paragraph (7) of this section the following new paragraph: “(5) (A) The term ‘critical habitat’ for a threatened or endangered species means— “(i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found 16 USC 1533. those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and “(ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the species. “(B) Critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph. “(C) Except in those circumstances determined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species.”; (3) by inserting after paragraph (6), as redesignated by paragraph (7) of this section the following new paragraph: “(7) The term ‘Federal agency’ means any department, agency, or instrumentality of the United States.”; (5) by inserting after paragraph (10), as redesignated by paragraph (7) of this section, the following new paragraphs: “(11) The term ‘irresolvable conflict’ means, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 7(a) of this Act, completion of such action would (A) Post, p. 3752. jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat. “(12) The term ‘permit or license applicant’ means, when used with respect to an action of a Federal agency for which exemption Infra. is sought under section 7, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 7(a) to such agency action.”; (5) by striking out paragraph (16), as redesignated by paragraph (7) of this section, and inserting in lieu thereof the following: “(16) The term ‘species’ includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.”; (6) by striking out paragraph (18), as redesignated by paragraph (7) of this section, and inserting in lieu thereof the following: “(18) the term ‘State agency’ means any State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish, plant, or wildlife resources within a State.”; and (7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(7) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(13)(15)
Pub. L. 95–632, § 2(7), redesignated former pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to (15) redesignated as (18) to (20), respectively
Source evidence
Code amendment note
Pars. (13) to (15). Pub. L. 95–632, § 2(7), redesignated former pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to (15) redesignated as (18) to (20), respectively.Enacted provision · exact public law section
(7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(5) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(16)
Pub. L. 95–632, § 2(5), (7), redesignated former par. (11) as (16)
Redesignated · 16 U.S.C. § 1532(16)
Pub. L. 95–632, § 2(5), (7), substituted “and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature” for “and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature”. Former par. (16) redesignated (21)
Source evidence
Code amendment note
Par. (16). Pub. L. 95–632, § 2(5), (7), redesignated former par. (11) as (16) and substituted “and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature” for “and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature”. Former par. (16) redesignated (21).Enacted provision · exact public law section
(5) by inserting after paragraph (10), as redesignated by paragraph (7) of this section, the following new paragraphs: “(11) The term ‘irresolvable conflict’ means, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 7(a) of this Act, completion of such action would (A) Post, p. 3752. jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat. “(12) The term ‘permit or license applicant’ means, when used with respect to an action of a Federal agency for which exemption Infra. is sought under section 7, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 7(a) to such agency action.”;Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(7) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(17)
Pub. L. 95–632, § 2(7), redesignated former par. (12) as (17)
Source evidence
Code amendment note
Par. (17). Pub. L. 95–632, § 2(7), redesignated former par. (12) as (17).Enacted provision · exact public law section
(7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Endangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(6) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(18)
Pub. L. 95–632, § 2(6), (7), redesignated former par. (13) as (18)
Substituted · 16 U.S.C. § 1532(18)
Pub. L. 95–632, § 2(6), (7), substituted “fish, plant, or wildlife” for “fish or wildlife”
Source evidence
Code amendment note
Par. (18). Pub. L. 95–632, § 2(6), (7), redesignated former par. (13) as (18) and substituted “fish, plant, or wildlife” for “fish or wildlife”.Enacted provision · exact public law section
(6) by striking out paragraph (18), as redesignated by paragraph (7) of this section, and inserting in lieu thereof the following: “(18) the term ‘State agency’ means any State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish, plant, or wildlife resources within a State.”; andEndangered Species Act Amendments of 1978
Pub. L. 95–632 § 2(7) · 92 Stat. 3751
Redesignated · 16 U.S.C. § 1532(19)(21)
Pub. L. 95–632, § 2(7), redesignated pars. (14) to (16) as (19) to (21), respectively
Source evidence
Code amendment note
Pars. (19) to (21). Pub. L. 95–632, § 2(7), redesignated pars. (14) to (16) as (19) to (21), respectively.Enacted provision · exact public law section
(7) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, by redesignating paragraph (4) as paragraph (6), by redesignating paragraphs (5) through (7) as paragraphs (8) through (10), respectively, and by redesignating paragraphs (8) through (16) as paragraphs (13) through (21), respectively.Pub. L. 96–159 § 2 · 93 Stat. 1225
Substituted · 16 U.S.C. § 1532(11)
Pub. L. 96–159 substituted “action would violate section 1536(a)(2) of this title” for “action would (A) jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat”
Source evidence
Code amendment note
Par. (11). Pub. L. 96–159 substituted “action would violate section 1536(a)(2) of this title” for “action would (A) jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat”.Enacted provision · exact public law section
Sec. 2. Section 3(11) of the Endangered Species Act of 1973 (16 U.S.C. 1532(11)) is amended by striking out “(A)” and all that follows thereafter and inserting in lieu thereof “violate section 7(a)(2).”.Endangered Species Act Amendments of 1982
Pub. L. 97–304 § 4(b) · 96 Stat. 1411
Struck · 16 U.S.C. § 1532(11)
Pub. L. 97–304 struck out par. (11) which defined “irresolvable conflict” as, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 1536(a) of this title, completion of such action would violate section 1536(a)(2) of this title
Source evidence
Code amendment note
Par. (11). Pub. L. 97–304 struck out par. (11) which defined “irresolvable conflict” as, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 1536(a) of this title, completion of such action would violate section 1536(a)(2) of this title.Enacted provision · exact public law section
(b) Paragraph (11) of section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532(11)) is repealed.Pub. L. 100–478 § 1001(a) · 102 Stat. 2306
Amended · 16 U.S.C. § 1532(13)
Pub. L. 100–478, § 1001(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘person’ means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.”
Source evidence
Code amendment note
Par. (13). Pub. L. 100–478, § 1001(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘person’ means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.”Enacted provision · exact public law section
(a) Definition of Person.— Paragraph (13) of section 3 of the Endangered Species Act (16 U.S.C. 1532) is amended to read as follows: “(13) The term ‘person’ means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.”.Pub. L. 100–478 § 1001(b) · 102 Stat. 2306
Inserted · 16 U.S.C. § 1532(15)
Pub. L. 100–478, § 1001(b), inserted “also” before “means the Secretary of Agriculture”
Source evidence
Code amendment note
Par. (15). Pub. L. 100–478, § 1001(b), inserted “also” before “means the Secretary of Agriculture”.Enacted provision · exact public law section
(b) Definition of Secretary.— Paragraph (15) of section 3 of the Endangered Species Act (16 U.S.C. 1532) is amended by inserting “also” before “means the Secretary of Agriculture”.
20 of 20 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–205, , 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 under section 1531 of this title and Tables.
Reorganization Plan Numbered 4 of 1970, referred to in par. (15), is Reorg. Plan No. 4 of 1970, eff. , 35 F.R. 15627, 84 Stat. 2090, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments1976–1988 · 5 rounds
1988
Par. (13). Pub. L. 100–478, § 1001(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘person’ means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.”
Par. (15). Pub. L. 100–478, § 1001(b), inserted “also” before “means the Secretary of Agriculture”.
1982
Par. (11). Pub. L. 97–304 struck out par. (11) which defined “irresolvable conflict” as, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 1536(a) of this title, completion of such action would violate section 1536(a)(2) of this title.
1979
Par. (11). Pub. L. 96–159 substituted “action would violate section 1536(a)(2) of this title” for “action would (A) jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat”.
1978
Pars. (1) to (4). Pub. L. 95–632, § 2(1), (7), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (6).
Par. (5). Pub. L. 95–632, § 2(2), (7), added par. (5). Former par. (5) redesignated (8).
Par. (6). Pub. L. 95–632, § 2(7), redesignated former par. (4) as (6). Former par. (6) redesignated (9).
Par. (7). Pub. L. 95–632, § 2(3), (7), added par. (7). Former par. (7) redesignated (10).
Pars. (8) to (10). Pub. L. 95–632, § 2(7), redesignated former pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (13) to (15), respectively.
Pars. (11), (12). Pub. L. 95–632, § 2(4), (7), added pars. (11) and (12). Former pars. (11) and (12) redesignated (16) and (17), respectively.
Pars. (13) to (15). Pub. L. 95–632, § 2(7), redesignated former pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to (15) redesignated as (18) to (20), respectively.
Par. (16). Pub. L. 95–632, § 2(5), (7), redesignated former par. (11) as (16) and substituted “and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature” for “and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature”. Former par. (16) redesignated (21).
Par. (17). Pub. L. 95–632, § 2(7), redesignated former par. (12) as (17).
Par. (18). Pub. L. 95–632, § 2(6), (7), redesignated former par. (13) as (18) and substituted “fish, plant, or wildlife” for “fish or wildlife”.
Pars. (19) to (21). Pub. L. 95–632, § 2(7), redesignated pars. (14) to (16) as (19) to (21), respectively.
1976
Par. (1). Pub. L. 94–359 inserted “: Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.” after “facilitating such buying and selling”.
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Credits
1973–1988 · 6 acts
- 1973Pub. L. 93–205, § 3, , 87 Stat. 885
- 1976Pub. L. 94–359, § 5, , 90 Stat. 913
- 1978Pub. L. 95–632, § 2, , 92 Stat. 3751
- 1979Pub. L. 96–159, § 2, , 93 Stat. 1225
- 1982Pub. L. 97–304, § 4(b), , 96 Stat. 1420
- 1988Pub. L. 100–478, title I, § 1001, , 102 Stat. 2306.
Show as published
(Pub. L. 93–205, § 3, , 87 Stat. 885; Pub. L. 94–359, § 5, , 90 Stat. 913; Pub. L. 95–632, § 2, , 92 Stat. 3751; Pub. L. 96–159, § 2, , 93 Stat. 1225; Pub. L. 97–304, § 4(b), , 96 Stat. 1420; Pub. L. 100–478, title I, § 1001, , 102 Stat. 2306.)