16 U.S.C. § 1537

International cooperation

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(a) Financial assistance

As a demonstration of the commitment of the United States to the worldwide protection of endangered species and threatened species, the President may, subject to the provisions of section 1306 of title 31, use foreign currencies accruing to the United States Government under the Food for Peace Act [7 U.S.C. 1691 et seq.] or any other law to provide to any foreign country (with its consent) assistance in the development and management of programs in that country which the Secretary determines to be necessary or useful for the conservation of any endangered species or threatened species listed by the Secretary pursuant to section 1533 of this title. The President shall provide assistance (which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein) to foreign countries under this section under such terms and conditions as he deems appropriate. Whenever foreign currencies are available for the provision of assistance under this section, such currencies shall be used in preference to funds appropriated under the authority of section 1542 of this title.

(b) Encouragement of foreign programsIn 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 conservation of fish or wildlife and plants 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 or plants 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 or plants and their habitat.(c) PersonnelAfter consultation with the Secretary of State, the Secretary may—(1) assign or otherwise make available any officer or employee of his department for the purpose of cooperating with foreign countries and international organizations in developing personnel resources and programs which promote the conservation of fish or wildlife or plants; and(2) conduct or provide financial assistance for the educational training of foreign personnel, in this country 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 purposes of this chapter.

(Pub. L. 93–205, § 8, Dec. 28, 1973, 87 Stat. 892; Pub. L. 96–159, § 5, Dec. 28, 1979, 93 Stat. 1228; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(N), June 18, 2008, 122 Stat. 1820.)Editorial NotesReferences in Text

The Food for Peace Act, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.

This chapter, referred to in subsecs. (b) and (d), 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 under section 1531 of this title and Tables.

Codification

In subsec. (a), “section 1306 of title 31” substituted for “section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

2008—Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

1979—Subsec. (b)(1). Pub. L. 96–159, § 5(1), encouraged conservation of plants.

Subsec. (b)(3). Pub. L. 96–159, § 5(2), encouraged conservation practices for enhancement of plants taken for importation into the United States.

Subsec. (c)(1). Pub. L. 96–159, § 5(3), made personnel available for plant conservation.

Subsec. (e). Pub. L. 96–159, § 5(4), struck out subsec. (e) relating to Convention implementation.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Conservation of Sea Turtles; Importation of Shrimp

Pub. L. 101–162, title VI, § 609, Nov. 21, 1989, 103 Stat. 1037, provided that:“(a) The Secretary of State, in consultation with the Secretary of Commerce, shall, with respect to those species of sea turtles the conservation of which is the subject of regulations promulgated by the Secretary of Commerce on June 29, 1987—“(1) initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations for the protection and conservation of such species of sea turtles;“(2) initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which, as determined by the Secretary of Commerce, may affect adversely such species of sea turtles, for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species of sea turtles;“(3) encourage such other agreements to promote the purposes of this section with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of such species of sea turtles;“(4) initiate the amendment of any existing international treaty for the protection and conservation of such species of sea turtles to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section; and“(5) provide to the Congress by not later than one year after the date of enactment of this section [Nov. 21, 1989]—“(A) a list of each nation which conducts commercial shrimp fishing operations within the geographic range of distribution of such sea turtles;“(B) a list of each nation which conducts commercial shrimp fishing operations which may affect adversely such species of sea turtles; and“(C) a full report on—“(i) the results of his efforts under this section; and“(ii) the status of measures taken by each nation listed pursuant to paragraph (A) or (B) to protect and conserve such sea turtles.“(b)(1)In General.—The importation of shrimp or products from shrimp which have been harvested with commercial fishing technology which may affect adversely such species of sea turtles shall be prohibited not later than May 1, 1991, except as provided in paragraph (2).“(2)Certification Procedure.—The ban on importation of shrimp or products from shrimp pursuant to paragraph (1) shall not apply if the President shall determine and certify to the Congress not later than May 1, 1991, and annually thereafter that—“(A) the government of the harvesting nation has provided documentary evidence of the adoption of a regulatory program governing the incidental taking of such sea turtles in the course of such harvesting that is comparable to that of the United States; and“(B) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of sea turtles by United States vessels in the course of such harvesting; or“(C) the particular fishing environment of the harvesting nation does not pose a threat of the incidental taking of such sea turtles in the course of such harvesting.”

Executive DocumentsExecutive Order No. 11911

Ex. Ord. No. 11911, Apr. 13, 1976, 41 F.R. 15683, which provided that for purposes of the Convention on International Trade in Endangered Species of Wild Fauna and Flora the Secretary of the Interior be designated as the Management Authority and established the Endangered Species Scientific Authority as the Scientific Authority, with the Secretary of the Interior designated to act on behalf of the United States in all regards as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, was revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.

Delegation of Authority Regarding Certification of Countries Exporting Shrimp to United States

Memorandum of the President of the United States, Dec. 19, 1990, 56 F.R. 357, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162) [set out above], and section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the functions vested in me by section 609(b) of that Act. The authority delegated by this memorandum may be further redelegated within the Department of State.

The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

George Bush.

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1980–2023 · leading case: Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).

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Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). · cites it 2× “" 16 U. S. C. § 1537 (a). It also directs the Secretary of the Interior, "through the Secretary of State," to "encourage" foreign countries to conserve fish and wildlife and to enter into bilateral or multilateral agreements.”

Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995). · cites it 2× “1038 , § 609(b)(2), note following 16 U. S. C. § 1537 (1988 ed., Supp. V); and a statute referring to "the incidental taking of marine mammals in the course of commercial fishing operations," 108 Stat.”

Earth Island Inst. v. Christopher, 942 F. Supp. 597 (Ct. Intl. Trade 1996). · cites it 6× “988, 1037-38, 16 U.S.C. § 1537 note (1989). As stated, this statute is succinct and should be read in toto, notwithstanding the fact that enforcement of its part (a) has been held beyond the hale of the judiciary.”

Earth Island Inst. v. Christopher, 922 F. Supp. 616 (Ct. Intl. Trade 1996). · cites it 5× “988,1037 -38, 16 U.S.C. § 1537 note, part (b)(1) of which provides that the importation into the United States of shrimp or products from shrimp which have been harvested with commercial fishing technology which may affect adversely endangered species of sea turtles “shall be…”

Conservation Force v. Salazar, 811 F. Supp. 2d 18 (D.D.C. 2011). · cites it 2× “Defendants move to dismiss these claims, as well as plaintiffs’ allegations contained in Claims I and IV that the Secretary failed to meet his obligations under 16 U.S.C. § 1537 (b) to encourage foreign conservation.”

Native Fed'n of the Madre De Dios River v. Bozovich Timber Prods., Inc., 491 F. Supp. 2d 1174 (Ct. Intl. Trade 2007). · cites it 5× “1085, 1087-88 (1995) (Note to 16 U.S.C. § 1537 16 prohibited “[t]he importation of shrimp or products from shrimp which have been harvested with commercial fishing technology which may affect adversely [certain] species of sea turtles,” except where a finding is made under 16 U.”

Franks v. Salazar, 816 F. Supp. 2d 49 (D.D.C. 2011). “In Claim IX, plaintiffs further argue that the ESA requires the Service to “consult with” the Secretary to “insure that any action authorized, funded, or carried out by such agency .”

Earth Island Inst. v. Daley, 48 F. Supp. 2d 1064 (Ct. Intl. Trade 1999). · cites it 3× “101-162 § 609 (b)(2), 16 U.S.C. § 1537 note, and to report the results thereof to the court.”

Earth Island Inst. v. Christopher, 948 F. Supp. 1062 (Ct. Intl. Trade 1996). · cites it 3× “988 , 1037-38, 16 U.S.C. § 1537 note (1989), one year after the court opined herein per slip op.”

Earth Island Inst. v. Christopher, 890 F. Supp. 1085 (Ct. Intl. Trade 1995). · cites it 2× “Their premise is that section 609 is a part of that statute by dint of its adoption as a note to the codified ESA provision on international cooperation, 16 U.S.C. § 1537 . The defendants counter that such placement does not mean that Congress amended ESA when it enacted section…”

Turtle Island Restoration Network v. Evans, 284 F.3d 1282 (Fed. Cir. 2002). · cites it 2× “1037 (1989) (codified at 16 U.S.C. § 1537 note (2000)) (“section 609”).”

United States v. Place, 693 F.3d 219 (1st Cir. 2012). “16 U.S.C. § 1537 authorizes the Secretary of the Interior to do all things necessary and proper to implement CITES; under this authority, Interior has promulgated regulations.”

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