Page:United States Statutes at Large Volume 96 Part 2.djvu/62

 96 STAT. 1424

Effective date. 16 USC 1539 note.

Release of endangered species.

16 USC 1536.

PUBLIC LAW 97-304—OCT. 13, 1982

such person has been issued a vaUd certificate of exemption by the Secretary under this subsection and unless such product or the raw material for such product was held by such person on the date of the enactment of this paragraph.". (4)(A) Subsection (h)(1) is amended— (i) by striking out "(other than scrimshaw)"; and (ii) by amending subparagraph (A) to read as follows: "(A) is not less than 100 years of age; ". (B) The amendment made by subparagraph (A) shall take effect January 1, 1981. (5) Subsection (i) is amended to read as follows: "(i) NONCOMMERCIAL TRANSSHIPMENTS.—Any importation into the United States of fish or wildlife shall, if— "(1) such fish or wildlife was lawfully taken and exported from the country of origin and country of reexport, if any; "(2) such fish or wildlife is in transit or transshipment through any place subject to the jurisdiction of the United States en route to a country where such fish or wildlife may be lawfully imported and received; "(3) the exporter or owner of such fish or wildlife gave explicit instructions not to ship such fish or wildlife through any place subject to the jurisdiction of the United States, or did all that could have reasonably been done to prevent transshipment, and the circumstances leading to the transshipment were beyond the exporter's or owner's control; "(4) the applicable requirements of the Convention have been satisfied; and "(5) such importation is not made in the course of a commercial activity, be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act while such fish or wildlife remains in the control of the United States Customs Service.". (6) At the end thereof insert the following new subsection: "(j) EXPERIMENTAL POPULATIONS.—(1) For purposes of this subsection, the term 'experimental population' means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species. "(2)(A) The Secretary may authorize the release (and the related transportation) of any population (including eggs, propagules, or individuals) of an endangered species or a threatened species outside the current range of such species if the Secretary determines that such release will further the conservation of such species. "(B) Before authorizing the release of any population under subparagraph (A), the Secretary shall by regulation identify the population and determine, on the basis of the best available information, whether or not such population is essential to the continued existence of an endangered species or a threatened species. "(C) For the purposes of this Act, each member of an experimental population shall be treated as a threatened species; except that— "(i) solely for purposes of section 7 (other than subsection (a)(l) thereof), an experimental population determined under subparagraph (B) to be not essential to the continued existence of a species shall be treated, except when it occurs in an area within the National Wildlife Refuge System or the National

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