Page:United States Statutes at Large Volume 96 Part 2.djvu/49

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1411

Public Law 97-304 97th Congress An Act To authorize appropriations to carry out the provisions of the Endangered Species Act of 1973 for fiscal years 1983, 1984, and 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Endangered Species Act Amendments of 1982". SEC. 2. LISTING PROCESS.

Oct. 13, 1982 [H.R. 6133] Endangered Species Act Amendments of 1982. 16 USC 1531 note.

(a) Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended as follows: (1) Subsection (a) is amended— (A) by redesignating subparagraphs (1) through (5) of paragraph (1) as subparagraphs (A) through (E), respectively; (B) by amending that part of paragraph (1) which precedes subparagraph (A) (as so redesignated) by inserting "promulgated in accordance with subsection (b)" immediately after "shall by regulation"; (C) by striking out "sporting," in paragraph (1)(B) (as so redesignated) and inserting in lieu thereof "recreational,"; (D) by striking out the last two sentences in paragraph (1); and (E) by adding at the end thereof the following new Regulations. paragraph: "(3) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable— "(A) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and "(B) may, from time-to-time thereafter as appropriate, revise such designation.". (2) Subsection (b) is amended to read as follows: "(b) BASIS FOR DETERMINATIONS.—(1)(A) The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction, or on the high seas. "(B) In carrying out this section, the Secretary shall give consideration to species which have been— "(i) designated as requiring protection from unrestricted commerce by any foreign nation, or pursuant to any international agreement; or

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