16 U.S.C. § 1537a : US Code - Section 1537A: Convention implementation

Search 16 U.S.C. § 1537a : US Code - Section 1537A: Convention implementation

(a) Management Authority and Scientific Authority
The Secretary of the Interior (hereinafter in this section
referred to as the "Secretary") is designated as the Management
Authority and the Scientific Authority for purposes of the
Convention and the respective functions of each such Authority
shall be carried out through the United States Fish and Wildlife
Service.
(b) Management Authority functions
The Secretary shall do all things necessary and appropriate to
carry out the functions of the Management Authority under the
Convention.
(c) Scientific Authority functions; determinations
(1) The Secretary shall do all things necessary and appropriate
to carry out the functions of the Scientific Authority under the
Convention.
(2) The Secretary shall base the determinations and advice given
by him under Article IV of the Convention with respect to wildlife
upon the best available biological information derived from
professionally accepted wildlife management practices; but is not
required to make, or require any State to make, estimates of
population size in making such determinations or giving such
advice.
(d) Reservations by the United States under Convention
If the United States votes against including any species in
Appendix I or II of the Convention and does not enter a reservation
pursuant to paragraph (3) of Article XV of the Convention with
respect to that species, the Secretary of State, before the 90th
day after the last day on which such a reservation could be
entered, shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives, and to the Committee on
the Environment and Public Works of the Senate, a written report
setting forth the reasons why such a reservation was not entered.
(e) Wildlife preservation in Western Hemisphere
(1) The Secretary of the Interior (hereinafter in this subsection
referred to as the "Secretary"), in cooperation with the Secretary
of State, shall act on behalf of, and represent, the United States
in all regards as required by the Convention on Nature Protection
and Wildlife Preservation in the Western Hemisphere (56 Stat. 1354,
T.S. 982, hereinafter in this subsection referred to as the
"Western Convention"). In the discharge of these responsibilities,
the Secretary and the Secretary of State shall consult with the
Secretary of Agriculture, the Secretary of Commerce, and the heads
of other agencies with respect to matters relating to or affecting
their areas of responsibility.
(2) The Secretary and the Secretary of State shall, in
cooperation with the contracting parties to the Western Convention
and, to the extent feasible and appropriate, with the participation
of State agencies, take such steps as are necessary to implement
the Western Convention. Such steps shall include, but not be
limited to -
(A) cooperation with contracting parties and international
organizations for the purpose of developing personnel resources
and programs that will facilitate implementation of the Western
Convention;
(B) identification of those species of birds that migrate
between the United States and other contracting parties, and the
habitats upon which those species depend, and the implementation
of cooperative measures to ensure that such species will not
become endangered or threatened; and
(C) identification of measures that are necessary and
appropriate to implement those provisions of the Western
Convention which address the protection of wild plants.
(3) No later than September 30, 1985, the Secretary and the
Secretary of State shall submit a report to Congress describing
those steps taken in accordance with the requirements of this
subsection 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.