Page:United States Statutes at Large Volume 90 Part 1.djvu/961

 PUBLIC LAW 94-359—JULY 12, 1976

90 STAT. 911

Public Law 94-359 94th Congress An Act To amend the Endangered Species Act of 1973 in order to permit the disposal of certain endangered species products and parts lawfully held within the United States on the effective date of such Act.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 4(f) (2)(B) (ii) of the Endangered Species Act of 1973 (16 U.S.C. 1533 (f)(2)(B) (ii)) is amended by striking out "subsection (b)(A), (B), and (C) " and inserting in lieu thereof subsection (b)(1)(A)". SEC. 2. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end thereof the following new subsections: "(f)(1) As used in this subsection— "(A) The term 'pre-Act endangered species part' means— "(i) any sperm whale oil, including derivatives thereof, which was lawfully held within the United States on December 28, 1973, in the course of a commercial activity; or "(ii) any finished scrimshaw product, if such product or the raw material for such product was lawfully held within the United States on December 28, 1973, in the course of a commercial activity. "(B) The term 'scrimshaw product' means any art form which involves the etching or engraving of designs upon, or the carving of figures, patterns, or designs from, any bone or tooth of any marine mammal of the order Cetacea. "(2) The Secretary, pursuant to the provisions of this subsection, may exempt, if such exemption is not in violation of the Convention, any pre-Act endangered species part from one or more of the following prohibitions: "(A) The prohibition on exportation from the United States set forth in section 9(a)(1)(A) of this Act. "(B) Any prohibition set forth in section 9(a)(1)(E) or (F) of this Act. "(3) Any person seeking an exemption described in paragraph (2) of this subsection shall make application therefor to the Secretary in such form and manner as he shall prescribe, but no such application may be considered by the Secretary unless the application— "(A) is received by the Secretary before the close of the oneyear period beginning on the date on which regulations promulgated by the Secretary to carry out this subsection first take effect; "(B) contains a complete and detailed inventory of all pre-Act endangered species parts for which the applicant seeks exemption; "(C) is accompanied by such doer mentation as the Secretary may require to prove that any endangered species part or product claimed by the applicant to be a pre-Act endangered species part is in fact such a part; and "(D) contains such other information as the Secretary deems necessary and appropriate to carry out the purposes of this subsection.

89-194 0—78—pt. 1

61

July 12, 1976 [S. 229]

Endangered Species Act of 1973, amendments.

Definitions.

Exemption.

16 USC 1538.

Application.

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