Page:United States Statutes at Large Volume 96 Part 2.djvu/60

 96 STAT. 1422

Effective date. 16 USC 1537a note.

PUBLIC LAW 97-304—OCT. 13, 1982

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.". (b) The amendment made by paragraph (1) of subsection (a) shall take effect January 1, 1981. SEC. 6. EXPERIMENTAL POPULATIONS AND OTHER EXCEPTIONS.

Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended as follows: (1) Subsection (a) is amended to read as follows: "(a) PERMITS.—(1) The Secretary may permit, under such terms and conditions as he shall prescribe— 16 USC 1538. "(A) any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, including, but not limited to, acts necessary for the establishment and maintenance of experimental populaPost, p. 1424. tions pursuant to subsection (j); or "(B) any taking otherwise prohibited by section 9(a)(1)(B) if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Permit issuance. "(2)(A) No permit may be issued by the Secretary authorizing any Conservation taking referred to in paragraph (1)(B) unless the applicant therefor plan. submits to the Secretary a conservation plan that specifies— "(i) the impact which will likely result from such taking; "(ii) what steps the applicant will take to minimize and mitigate such impacts, and the funding that will be available to implement such steps; "(iii) what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; and "(iv) such other measures that the Secretary may require as being necessary or appropriate for purposes of the plan. "(B) If the Secretary finds, after opportunity for public comment, with respect to a permit application and the related conservation plan that— "(i) the taking will be incidental; "(ii) the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; "(iii) the applicant will ensure that adequate funding for the plan will be provided; "(iv) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and "(v) the measures, if any, required under subparagraph (A)(iv) will be met; and he has received such other assurances as he may require that the plan will be implemented, the Secretary shall issue the permit. The permit shall contain such terms and conditions as the Secretary deems necessary or appropriate to carry out the purposes of this paragraph, including, but not limited to, such reporting requirements as the Secretary deems necessary for determining whether such terms and conditions are being complied with.

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