Summary: H.R.37 — 93rd Congress (1973-1974)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to House with amendment(s) (07/27/1973)


Endangered Species Conservation Act - States that the purposes of this Act are to provide a program for the conservation, protection, restoration, or propagation of species and subspecies of fish and wildlife that are threatened with extinction.

Sets forth the procedure by which the Secretaries of Interior and Commerce shall determine if a species or subspecies of fish or wildlife shall be regarded as an endangered species. Lists the following factors to be considered in determining if a species or subspecies is threatened with extinction: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, sporting, scientific, or education purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting its continued existence.

Provides that the Secretary shall publish in the Federal Register a list by scientific and common name or names of species and subspecies determined to be endangered. Provides that the Secretary may, from time to time, by regulation, revise such list.

Provides that the Secretary shall utilize the land acquisition and other authorities of the Migratory Bird Conservation Act, as amended, the Fish and Wildlife Act of 1956, as amended, and the Fish and Wildlife Coordination Act, as appropriate, to carry out a program in the United States of conserving, protecting, restoring, or propagating those species and subspecies of fish and wildlife that he lists as endangered species pursuant to this Act.

Provides that, in carrying out the program authorized by this Act, the Secretary shall cooperate to the maximum extent practicable with the several States. States that such cooperation shall include consultation before the acquisition of any land for the purpose of conserving, protecting, restoring, or propagating any endangered species. Authorizes the Secretary to provide financial assistance to States for programs to protect endangered and threatened species, and specifies requirements of such programs. Provides that any State law or regulation which applies to importation or exportation of, or interstate or foreign commerce in, endangered or threatened species is void to the extent that it is inconsistent with this Act.

Provides for a review of and cooperation with other Federal agency programs within the scope of this Act.

Authorizes the use of counterpart funds in foreign countries, where those countries are agreeable, to provide assistance in the development and management of programs which the Secretary finds to be important to endangered species.

Directs the Secretary to encourage foreign countries to develop adequate programs for the protection of endangered species, to encourage the development of bilateral and multilateral agreements for the protection of endangered species and to encourage foreign persons who take endangered species of plants or animals for importation to use such practices as will encourage appropriate conservation practices and protection of endangered species.

Provides that any person who: (1) imports into or exports from the United States, or (2) takes within the United States, the territorial sea of the United States, upon the high seas, or in any foreign country, or (3) ships, carriers, or receives by any means any species or subspecies which is listed as an endangered species, shall be punished in accordance with the provisions of this Act.

Allows exceptions from the prohibitions contained in this Act if in accord with the International Endangered Species Convention, or to permit the taking of an endangered species for scientific purposes and for the propagation of such fish and wildlife in captivity for preservation purposes.

Sets forth civil and criminal penalties for violations of the provisions of this Act. Authorizes the seizure and forfeiture of fish, wildlife, plants, or equipment possessed in violation of this Act. Allows private suits for injunctive enforcement of this Act.

Authorizes the Secretaries of Commerce, the Interior, the Treasury, and the Coast Guard's Department to promulgate necessary regulations.

Authorizes the Secretary of the Smithsonian, together with any other interested agencies of the State or Federal government, public or private, to review plant species which are or may become endangered or threatened and possible regulatory programs.

Specifies appropriations for fiscal years 1974-76 to carry out this Act.