[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1866 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1866

To amend the Endangered Species Act of 1973 to promote sustainable-use 
      conservation, to harmonize that Act with the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2013

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to promote sustainable-use 
      conservation, to harmonize that Act with the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancement of Species Survival 
Act''.

SEC. 2. DEFINITION.

    Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is 
amended by redesignating paragraphs (7) through (10) as paragraphs (8) 
through (11), and inserting after paragraph (6) the following:
            ``(7) The term `enhancement of propagation or survival' 
        means directly or indirectly improving a species' 
        sustainability in the wild, including any measure that--
                    ``(A) benefits the species' population numbers, 
                health, or habitat;
                    ``(B) reduces a threat to the species; or
                    ``(C) increases the social tolerance of the 
                species.''.

SEC. 3. ENHANCEMENT FINDING.

    Section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(a)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        `` may permit'';
            (2) in subparagraph (A)--
                    (A) by inserting ``shall permit'' before ``any 
                act''; and
                    (B) by striking ``or'' after the semicolon at the 
                end;
            (3) in subparagraph (B)--
                    (A) by inserting ``may permit'' before ``any act''; 
                and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (4) by adding at the end the following:
                    ``(C) shall permit importation of a sport-hunted 
                trophy or other specimen that was legally taken from a 
                population of a species that is not native to the 
                United States (including a domestic population of such 
                a species), if--
                            ``(i)(I) the population is listed as an 
                        endangered species or threatened species under 
                        section 4 and is listed under Appendix II to 
                        the Convention; and
                            ``(II) all trade in the trophy or specimen 
                        is in accordance with all requirements in 
                        Article IV of the Convention and any relevant 
                        resolutions adopted by the Convention 
                        Conference of the Parties; or
                            ``(ii)(I) the population is listed in 
                        Appendix I to the Convention;
                            ``(II) in the case of a sport-hunted trophy 
                        or other specimen, all trade in the trophy or 
                        specimen is in accordance with all requirements 
                        of Article III of the Convention and all 
                        relevant resolutions and quotas adopted by the 
                        Convention Conference of the Parties; and
                            ``(III) in the case of a ranched or captive 
                        bred specimen, all commercial trade in such 
                        specimen is in accordance with clause 4 of 
                        Article VII of the Convention and with all 
                        relevant clarifying resolutions and quotas 
                        adopted by the Convention Conference of the 
                        Parties; and
                    ``(D) shall permit under subparagraphs (A) and (C), 
                notwithstanding sections 3(1)(C) and 101(a)(1) of the 
                Marine Mammal Protection Act of 1972 (16 U.S.C. 
                1362(1)(C), 1371(a)(1)), importation of a sport-hunted 
                trophy or other specimen of a marine mammal that has 
                been legally taken from a population that is depleted 
                under such Act solely by reason of section 3(1)(C) of 
                that Act.''.

SEC. 4. IMPLEMENTATION.

    The Secretary, as that term is used in the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), shall, by not later than 120 days 
after the date of enactment of this Act, promulgate regulations 
implementing the amendments made by this Act, including criteria for 
the issuance of permits under section 10(a)(1)(A) of such Act (16 
U.S.C. 1539(a)(1)), as amended by this Act.
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