{"identifier":"/us/usc/t16/s1532","title":16,"num":"\u00a7\u202f1532.","heading":"Definitions","text":"\u00a7\u202f1532.\nDefinitions\nFor the purposes of this chapter\u2014\n(1) The term \u201calternative courses of action\u201d means all alternatives and thus is not limited to original project objectives and agency jurisdiction.\n(2) The term \u201ccommercial activity\u201d 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:\nProvided, however\n(3) The terms \u201cconserve\u201d, \u201cconserving\u201d, and \u201cconservation\u201d 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.\n(4) The term \u201cConvention\u201d means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on\nMarch 3, 1973\n(5)\n(A) The term \u201ccritical habitat\u201d for a threatened or endangered species means\u2014\n(i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of\nsection 1533 of this title\n(ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of\nsection 1533 of this title\n(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.\n(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.\n(6) The term \u201cendangered species\u201d 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.\n(7) The term \u201cFederal agency\u201d means any department, agency, or instrumentality of the United States.\n(8) The term \u201cfish or wildlife\u201d 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.\n(9) The term \u201cforeign commerce\u201d includes, among other things, any transaction\u2014\n(A) between persons within one foreign country;\n(B) between persons in two or more foreign countries;\n(C) between a person within the United States and a person in a foreign country; or\n(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.\n(10) The term \u201cimport\u201d 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.\n(11) Repealed.\nPub. L. 97\u2013304, \u00a7\u202f4(b)\nOct. 13, 1982\n96 Stat. 1420\n(12) The term \u201cpermit or license applicant\u201d means, when used with respect to an action of a Federal agency for which exemption is sought under\nsection 1536 of this title\nsection 1536(a) of this title\n(13) The term \u201cperson\u201d 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.\n(14) The term \u201cplant\u201d means any member of the plant kingdom, including seeds, roots and other parts thereof.\n(15) The term \u201cSecretary\u201d 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.\n(16) The term \u201cspecies\u201d 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.\n(17) The term \u201cState\u201d 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.\n(18) The term \u201cState agency\u201d 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.\n(19) The term \u201ctake\u201d means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.\n(20) The term \u201cthreatened species\u201d means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.\n(21) The term \u201cUnited States\u201d, when used in a geographical context, includes all States.","url":"https://projectusc.org/usc/t16/s1532.html","content":[{"t":"sec","id":"/us/usc/t16/s1532","children":[{"t":"num","text":"\u00a7\u202f1532."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purposes of this chapter\u2014"},{"t":"para","id":"/us/usc/t16/s1532/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201calternative courses of action\u201d means all alternatives and thus is not limited to original project objectives and agency jurisdiction.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201ccommercial activity\u201d 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: ","children":[{"t":"text","text":"Provided, however","tail":", That it does not include exhibition of commodities by museums or similar cultural or historical organizations."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The terms \u201cconserve\u201d, \u201cconserving\u201d, and \u201cconservation\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cConvention\u201d means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on ","children":[{"t":"text","text":"March 3, 1973","tail":", and the appendices thereto."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/5","children":[{"t":"num","text":"(5)"},{"t":"subpara","id":"/us/usc/t16/s1532/5/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201ccritical habitat\u201d for a threatened or endangered species means\u2014"},{"t":"clause","id":"/us/usc/t16/s1532/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of ","children":[{"t":"ref","text":"section 1533 of this title","href":"/us/usc/t16/s1533","tail":", 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"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s1532/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of ","children":[{"t":"ref","text":"section 1533 of this title","href":"/us/usc/t16/s1533","tail":", upon a determination by the Secretary that such areas are essential for the conservation of the species."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1532/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1532/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The term \u201cendangered species\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cFederal agency\u201d means any department, agency, or instrumentality of the United States.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cfish or wildlife\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/9","children":[{"t":"num","text":"(9)"},{"t":"chapeau","text":" The term \u201cforeign commerce\u201d includes, among other things, any transaction\u2014"},{"t":"subpara","id":"/us/usc/t16/s1532/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" between persons within one foreign country;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1532/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" between persons in two or more foreign countries;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1532/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" between a person within the United States and a person in a foreign country; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s1532/9/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" between persons within the United States, where the fish and wildlife in question are moving in any country or countries outside the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cimport\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" Repealed. ","children":[{"t":"ref","text":"Pub. L. 97\u2013304, \u00a7\u202f4(b)","href":"/us/pl/97/304/s4/b","tail":", "},{"t":"text","text":"Oct. 13, 1982","tail":", "},{"t":"ref","text":"96 Stat. 1420","href":"/us/stat/96/1420","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201cpermit or license applicant\u201d means, when used with respect to an action of a Federal agency for which exemption is sought under ","children":[{"t":"ref","text":"section 1536 of this title","href":"/us/usc/t16/s1536","tail":", any person whose application to such agency for a permit or license has been denied primarily because of the application of "},{"t":"ref","text":"section 1536(a) of this title","href":"/us/usc/t16/s1536/a","tail":" to such agency action."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" The term \u201cperson\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" The term \u201cplant\u201d means any member of the plant kingdom, including seeds, roots and other parts thereof.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" The term \u201cSecretary\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" The term \u201cspecies\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" The term \u201cState agency\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" The term \u201ctake\u201d means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" The term \u201cthreatened species\u201d means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s1532/21","children":[{"t":"num","text":"(21)"},{"t":"content","text":" The term \u201cUnited States\u201d, when used in a geographical context, includes all States.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}