16 U.S.C. § 1532 : US Code - Section 1532: Definitions

Search 16 U.S.C. § 1532 : US Code - Section 1532: Definitions

      For the purposes of this chapter - 
        (1) The term "alternative courses of action" means all
      alternatives and thus is not limited to original project
      objectives and agency jurisdiction.
        (2) The term "commercial activity" means all activities of
      industry and trade, including, but not limited to, the buying or
      selling of commodities and activities conducted for the purpose
      of facilitating such buying and selling: Provided, however, That
      it does not include exhibition of commodities by museums or
      similar cultural or historical organizations.
        (3) The terms "conserve", "conserving", and "conservation" mean
      to use and the use of all methods and procedures which are
      necessary to bring any endangered species or threatened species
      to the point at which the measures provided pursuant to this
      chapter are no longer necessary. Such methods and procedures
      include, but are not limited to, all activities associated with
      scientific resources management such as research, census, law
      enforcement, habitat acquisition and maintenance, propagation,
      live trapping, and transplantation, and, in the extraordinary
      case where population pressures within a given ecosystem cannot
      be otherwise relieved, may include regulated taking.
        (4) The term "Convention" means the Convention on International
      Trade in Endangered Species of Wild Fauna and Flora, signed on
      March 3, 1973, and the appendices thereto.
        (5)(A) The term "critical habitat" for a threatened or
      endangered species means - 
          (i) the specific areas within the geographical area occupied
        by the species, at the time it is listed in accordance with the
        provisions of section 1533 of this title, on which are found
        those physical or biological features (I) essential to the
        conservation of the species and (II) which may require special
        management considerations or protection; and
          (ii) specific areas outside the geographical area occupied by
        the species at the time it is listed in accordance with the
        provisions of section 1533 of this title, upon a determination
        by the Secretary that such areas are essential for the
        conservation of the species.

        (B) Critical habitat may be established for those species now
      listed as threatened or endangered species for which no critical
      habitat has heretofore been established as set forth in
      subparagraph (A) of this paragraph.
        (C) Except in those circumstances determined by the Secretary,
      critical habitat shall not include the entire geographical area
      which can be occupied by the threatened or endangered species.
        (6) The term "endangered species" means any species which is in
      danger of extinction throughout all or a significant portion of
      its range other than a species of the Class Insecta determined by
      the Secretary to constitute a pest whose protection under the
      provisions of this chapter would present an overwhelming and
      overriding risk to man.
        (7) The term "Federal agency" means any department, agency, or
      instrumentality of the United States.
        (8) The term "fish or wildlife" means any member of the animal
      kingdom, including without limitation any mammal, fish, bird
      (including any migratory, nonmigratory, or endangered bird for
      which protection is also afforded by treaty or other
      international agreement), amphibian, reptile, mollusk,
      crustacean, arthropod or other invertebrate, and includes any
      part, product, egg, or offspring thereof, or the dead body or
      parts thereof.
        (9) The term "foreign commerce" includes, among other things,
      any transaction - 
          (A) between persons within one foreign country;
          (B) between persons in two or more foreign countries;
          (C) between a person within the United States and a person in
        a foreign country; or
          (D) between persons within the United States, where the fish
        and wildlife in question are moving in any country or countries
        outside the United States.

        (10) The term "import" means to land on, bring into, or
      introduce into, or attempt to land on, bring into, or introduce
      into, any place subject to the jurisdiction of the United States,
      whether or not such landing, bringing, or introduction
      constitutes an importation within the meaning of the customs laws
      of the United States.
        (11) Repealed. Pub. L. 97-304, Sec. 4(b), Oct. 13, 1982, 96
      Stat. 1420.
        (12) The term "permit or license applicant" means, when used
      with respect to an action of a Federal agency for which exemption
      is sought under section 1536 of this title, any person whose
      application to such agency for a permit or license has been
      denied primarily because of the application of section 1536(a) of
      this title to such agency action.
        (13) The term "person" means an individual, corporation,
      partnership, trust, association, or any other private entity; or
      any officer, employee, agent, department, or instrumentality of
      the Federal Government, of any State, municipality, or political
      subdivision of a State, or of any foreign government; any State,
      municipality, or political subdivision of a State; or any other
      entity subject to the jurisdiction of the United States.
        (14) The term "plant" means any member of the plant kingdom,
      including seeds, roots and other parts thereof.
        (15) The term "Secretary" means, except as otherwise herein
      provided, the Secretary of the Interior or the Secretary of
      Commerce as program responsibilities are vested pursuant to the
      provisions of Reorganization Plan Numbered 4 of 1970; except that
      with respect to the enforcement of the provisions of this chapter
      and the Convention which pertain to the importation or
      exportation of terrestrial plants, the term also means the
      Secretary of Agriculture.
        (16) The term "species" includes any subspecies of fish or
      wildlife or plants, and any distinct population segment of any
      species of vertebrate fish or wildlife which interbreeds when
      mature.
        (17) The term "State" means any of the several States, the
      District of Columbia, the Commonwealth of Puerto Rico, American
      Samoa, the Virgin Islands, Guam, and the Trust Territory of the
      Pacific Islands.
        (18) The term "State agency" means any State agency,
      department, board, commission, or other governmental entity which
      is responsible for the management and conservation of fish,
      plant, or wildlife resources within a State.
        (19) The term "take" means to harass, harm, pursue, hunt,
      shoot, wound, kill, trap, capture, or collect, or to attempt to
      engage in any such conduct.
        (20) The term "threatened species" means any species which is
      likely to become an endangered species within the foreseeable
      future throughout all or a significant portion of its range.
        (21) The term "United States", when used in a geographical
      context, includes all States.