Endangered Species Act, 1973 From United States National Marine Fisheries Service, Enforcement Division. Endangered Species Act of 1973. Washington, D.C.: Governmental Printing Office, 1979. 2-3, 5-6, 11, 33-34. ENDANGERED SPECIES ACT, DECEMBER 28, 1973 AN ACT To provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes. . . . FINDINGS, PURPOSES, AND POLICY SEC.2. (a) FINDINGS.--The Congress finds and declares that- (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction. . . . (b) PURPOSES.--The purposes of this Act are to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section. (c) POLICY.--It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act. . . . DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES SEC. 4. (a) GENERAL.--(1) The Secretary shall by regulation determine whether any species is an endangered species or a threatened species because of any of the following factors: (1) the present or threatened destruction, modification, or curtailment of its habit or range; (2) overutilization for commercial, sporting, scientific, or educational purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanisms; (5) other natural or manmade factors affecting its continued existence. . . . LAND ACQUISITION SEC. 5 (a) PROGRAM.--The Secretary. . .shall establish and implement a program to conserve fish and wildlife. . .which are listed as endangered species or threatened species pursuant to section 4 of this Act. To carry out such a program, the Secretary-- (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, as amended, the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire by purchase, donation, or otherwise, lands, waters, or interest therein, and such authority shall be in addition to any other land acquisition authority vested in him. (b) ACQUISITIONS.--Funds made available pursuant to the Land and Water Conservation Fund Act of 1965, as amended, may be used for the purpose of acquiring lands, waters, or interests therein under subsection (a) of this section. . . . SEC. 11 (a) CIVIL PENALTIES.--(1) Any person who knowingly violates. . .any provision of this Act. . .may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. . . . (b) CRIMINAL VIOLATIONS.--(1) Any person who. . .violates any provision of this Act. . .shall, upon conviction, be fined not more than $20,000 or imprisoned for not more than one year, or both. Any person who. . .violates any provision of any other regulation issued under this Act shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than six months, or both. |
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