16 U.S.C. § 1537a

Convention implementation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) Management Authority and Scientific Authority

The Secretary of the Interior (hereinafter in this section referred to as the “Secretary”) is designated as the Management Authority and the Scientific Authority for purposes of the Convention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service.

(b) Management Authority functions

The Secretary shall do all things necessary and appropriate to carry out the functions of the Management Authority under the Convention.

(c) Scientific Authority functions; determinations(1) The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention.(2) The Secretary shall base the determinations and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife management practices; but is not required to make, or require any State to make, estimates of population size in making such determinations or giving such advice.(d) Reservations by the United States under Convention

If the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a written report setting forth the reasons why such a reservation was not entered.

(e) Wildlife preservation in Western Hemisphere(1) The Secretary of the Interior (hereinafter in this subsection referred to as the “Secretary”), in cooperation with the Secretary of State, shall act on behalf of, and represent, the United States in all regards as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (56 Stat. 1354, T.S. 982, hereinafter in this subsection referred to as the “Western Convention”). In the discharge of these responsibilities, the Secretary and the Secretary of State shall consult with the Secretary of Agriculture, the Secretary of Commerce, and the heads of other agencies with respect to matters relating to or affecting their areas of responsibility.(2) The Secretary and the Secretary of State shall, in cooperation with the contracting parties to the Western Convention and, to the extent feasible and appropriate, with the participation of State agencies, take such steps as are necessary to implement the Western Convention. Such steps shall include, but not be limited to—(A) cooperation with contracting parties and international organizations for the purpose of developing personnel resources and programs that will facilitate implementation of the Western Convention;(B) identification of those species of birds that migrate between the United States and other contracting parties, and the habitats upon which those species depend, and the implementation of cooperative measures to ensure that such species will not become endangered or threatened; and(C) identification of measures that are necessary and appropriate to implement those provisions of the Western Convention which address the protection of wild plants.(3) No later than September 30, 1985, the Secretary and the Secretary of State shall submit a report to Congress describing those steps taken in accordance with the requirements of this subsection and identifying the principal remaining actions yet necessary for comprehensive and effective implementation of the Western Convention.(4) The provisions of this subsection shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate resident fish or wildlife under State law or regulations.(Pub. L. 93–205, § 8A, as added Pub. L. 96–159, § 6(a)(1), Dec. 28, 1979, 93 Stat. 1228; amended Pub. L. 97–304, § 5[(a)], Oct. 13, 1983, 96 Stat. 1421.)Editorial NotesAmendments

1982—Subsec. (c). Pub. L. 97–304, § 5[(a)](1), designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 97–304, § 5[(a)](2), substituted provisions relating to reservations by the United States under the Convention for provisions which had established an International Convention Advisory Commission and had provided for its membership, staffing, and operation.

Subsec. (e). Pub. L. 97–304, § 5[(a)](3), substituted provisions implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere for provisions which had provided that the President shall designate those agencies of the Federal Government that shall act on behalf of, and represent, the United States in all regards as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere.

Statutory Notes and Related SubsidiariesEffective Date of 1982 Amendment

Pub. L. 97–304, § 5(b), Oct. 13, 1982, 96 Stat. 1422, provided that: “The amendment made by paragraph (1) of subsection (a) [amending this section] shall take effect January 1, 1981.”

Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Endangered Species Scientific Authority; Interim Performance of Functions of Commission

Pub. L. 96–159, § 6(b), Dec. 28, 1979, 93 Stat. 1230, provided that until such time as the Chairman, Members, and Executive Secretary of the International Convention Advisory Commission are appointed, but not later than 90 days after Dec. 28, 1979, the functions of the Commission be carried out by the Endangered Species Scientific Authority as established by Ex. Ord. No. 11911, formerly set out as a note under section 1537 of this title, with staff and administrative support being provided by the Secretary of the Interior as set forth in that Executive Order.

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1981–2025 · leading case: Franks v. Salazar

Sort: Relevance Newest Treatment

Franks v. Salazar (2011) D.D.C. · cites it 2× “See 16 U.S.C. § 1537a(c)(2) (“[T]he Secretary .”

Defenders of Wildlife, Inc. v. The Endangered Species Scientific Authority (1984) D.C. Cir. · cites it 2× “Because the district court correctly held that 16 U.S.C. § 1537a removed the basis for its injunction, and any further challenge to the federal defendants’ compliance with bobcat export regulations must be brought in a subsequent action, the opinion of the district court is…”

Castlewood Products, L.L.C. v. Norton (2004) D.C. Cir. “See 16 U.S.C. § 1537a(a). In Brazil, -the Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renovaveis or the Brazilian Institute of the Environment and Renewable Natural Resources (also known as “IBAMA”) is the Management Authority under CITES.”

Marcum v. Salazar (2011) D.D.C. · cites it 2× “at 27-28 (citing 16 U.S.C. § 1537a(c)(2); Defenders of Wildlife v.”

WildEarth Guardians v. U.S. Fish & Wildlife Serv. (2018) D. Mont. “In the United States, the Service functions as both management and scientific authority for administering CITES, 16 U.S.C. § 1537a(a), and has used its rulemaking authority under the ESA, 16 U.”

Safari Club International v. Jewell (2014) D.D.C. “16 U.S.C. §§ 1537a; 1538(c). The Fish and Wildlife Service’s Division of Scientific Authority is responsible for issuing non-detriment advices as required by CITES.”

United States v. Koczuk (2001) 2d Cir. · cites it 2× “§ 1538 (c), and directed the Fish and Wildlife Service of the Department of the Interior to carry out the provisions of the Convention, see 16 U.S.C. §§ 1537a, 1540(f). Pursuant to this direction, the Fish and Wildlife Service has issued regulations incorporating the specific…”

Castlewood Products v. Norton (2003) D.D.C. “Department of the Interior, see 16 U.S.C. § 1537a(a), but the ESA entrusts enforcement of export and import restrictions under CITES to the Secretary of the Department of Agriculture, who has delegated authority to the Animal and Plant Health Inspection Service (“APHIS”) of the…”

Defenders of Wildlife, Inc. v. Endangered Species Scientific Authority (1981) D.C. Cir. · cites it 2× “16 U.S.C. § 1537a (Supp. Ill 1979). See pp.”

Dallas Safari Club v. Bernhardt (2020) D.D.C. “16 U.S.C. §§ 1537a, 1538(c). The ESA prohibits, among other things, importing into the United States species of fish and wildlife listed as endangered.”

April in Paris v. Becerra (2020) E.D. Cal. “Declaration of Christine Redd 17 (“Redd Decl.”

Rowley v. City of New Bedford (2019) D. Mass. “The Fish and Wildlife Service, the agency within the United States Department of the Interior tasked with implementing the Endangered Species Act, see 16 U.S.C. § 1537a(a), has promulgated regulations defining the terms “harm” and “harass” in the context of the Endangered…”

Show all 15 citing cases →

— 16 U.S.C. § 1537a(a) — 6 cases

Rowley v. City of New Bedford (2023) D. Mass.

— 16 U.S.C. § 1537a(b) — 1 case

Defenders of Wildlife, Inc. v. Endangered Species Scientific Authority (1981) D.C. Cir. “16 U.S.C. § 1537a (Supp. Ill 1979). See pp.”

— 16 U.S.C. § 1537a(c)(2) — 3 cases

Franks v. Salazar (2011) D.D.C. “See 16 U.S.C. § 1537a(c)(2) (“[T]he Secretary .”

Marcum v. Salazar (2011) D.D.C. “at 27-28 (citing 16 U.S.C. § 1537a(c)(2); Defenders of Wildlife v.”

Marcum v. Salazar (2011) D.D.C.

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.