PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior must act as the United States’ Management and Scientific Authority under the Convention and must carry out those jobs through the U.S. Fish and Wildlife Service. The Secretary must do whatever is needed to perform both roles. Scientific decisions must be based on the best available biological information from accepted wildlife science and management practices, but the Secretary does not have to make, or force any State to make, estimates of population size to reach those decisions. If the United States votes against putting a species in Appendix I or II and does not enter a reservation under the Convention, the Secretary of State must send a written report explaining why no reservation was entered to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works before the 90th day after the last day on which such a reservation could be entered. For the Western Hemisphere Convention, the Secretary of the Interior and the Secretary of State must represent the U.S., work with other federal agencies and other countries, and, where appropriate, involve State agencies to implement the treaty. That work includes building people and programs, identifying migratory birds and their habitats and protecting them, and finding ways to protect wild plants. By September 30, 1985 they had to report to Congress on steps taken and remaining actions. This does not change State authority over resident fish or wildlife.

Title 16, §1537a

Conservation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 Subsidiaries

Effective 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.

§1537a Convention Implementation