Page:United States Statutes at Large Volume 87.djvu/920

 888 Review. 80 Stat. 3 8 3.

80 Stat. 926; 83 Stat. 2 7 5, 2 8 3. 16 USC 668aa note.

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

(2) The Secretary shall, upon the petition of an interested person under subsection 553(e) of title 5, United States Code, conduct a review of any listed or unlisted species proposed to be removed from or added to either of the lists published pursuant to paragraph (1) of this subsection, but only if he makes and publishes a finding that such person has presented substantial evidence which in his judgment warrants such a review. (3) Any list In effect on the day before the date of the enactment of this Act of species of fish or wildlife determined by the Secretary of the Interior, pursuant to the Endangered Species Conservation Act of 1969, to be threatened with extinction shall be republished to conform to the classification for endangered species or threatened species, as the case may be, provided for in this Act, but until such republication, any such species so listed shall be deemed an endangered species within the meaning of this Act. The republication of any species pursuant to this paragraph shall not require public hearing or comment under section 553 of title 5, United States Code. (d) PROTKCTIVK RKGULATIOXS.—Whenever any species is listed as a

threatened species pursuant to subsection (c) of this section, the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species. The Secretary may by regulation prohibit with respect to any threatened species any act prohibited under section 9(a)(1), in the case of fish or wildlife, or section 9(a)(2), in the case of plants, with respect to endangered species; except that with respect to the taking of resident species of fish or wildlife, such regulations shall apply in any State which lias entered into a cooperative agreement pursuant to section 6(a) of this Act only to the extent that such regulations have also been adopted by such State. (e) SIMILARITY OF APPEAILVXCE CASES.—The Secretary may, by

P u b l i c a t i o n in Federal Register.

Hearing r e q u e s t.

Publication in Federal Register.

regulation, and to the extent he deems advisable, treat any species as an endangered species or threatened species even though it is not listed pursuant to section -t of this Act if he finds that— (A) such species so closely resembles in appearance, at the point in question, a species which has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species; (B) the effect of this substantial difficult}' is an additional threat to an endangered or threatened species; and (C) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this Act. (f) REGULATIONS.— (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (b) of this section, the provisions of section 553 of title 5, United States Code (relating to rulemaking procedures), shall apply to any regulation promulgated to carry out the purposes of this Act. (2)(A) I n the case of any regulation proposed by the Secretary to carry out the purposes of this Act— (i) the Secretary shall publish general notice of the proposed regulation (including the complete text of the regulation) in the Federal Register not less than 60 days before the effective date of the regulation; and (ii) if any person who feels that he may be adversely affected by the proposed regulation files (within 45 days after the date of publication of general notice) objections thereto and requests a public hearing theieon. the Secretary" niay grant such re(]uest, but shall, if he denies such re<iuest, publi.sh his reasons therefor in the Federal Refrister.

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