Section 1 Short title
This Act may be cited as the “Enhancement of Species Survival Act”.
Enhancement of Species Survival Act
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.
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—
in the matter preceding subparagraph (A), by striking “ may permit”;
in subparagraph (A)—
by inserting “shall permit” before “any act”; and
by striking “or” after the semicolon at the end;
in subparagraph (B)—
by inserting “may permit” before “any act”; and
by striking the period at the end and inserting a semicolon; and
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.