---
kind: "section"
citation: "16 U.S.C. § 1537a"
title: "16"
title_heading: "Conservation"
number: "1537a"
heading: "Convention implementation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1537a"
units:
  - "Chapter 35 — Endangered Species"
---

# §1537a. Convention implementation

- (a) **Management Authority and Scientific Authority—** The [Secretary](/usc/16/1532.md?p=15) of the Interior (hereinafter in this section referred to as the “[Secretary](/usc/16/1532.md?p=15)”) is designated as the Management Authority and the Scientific Authority for purposes of the [Convention](/usc/16/1532.md?p=4) and the respective functions of each such Authority shall be carried out through the [United States](/usc/16/1532.md?p=21) [Fish and Wildlife](/usc/16/3102.md?p=17) Service.
- (b) **Management Authority functions—** The [Secretary](/usc/16/1532.md?p=15) shall do all things necessary and appropriate to carry out the functions of the Management Authority under the [Convention](/usc/16/1532.md?p=4).
- (c) **Scientific Authority functions; determinations—**
  - (1) The [Secretary](/usc/16/1532.md?p=15) shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the [Convention](/usc/16/1532.md?p=4).
  - (2) The [Secretary](/usc/16/1532.md?p=15) shall base the determinations and advice given by him under Article IV of the [Convention](/usc/16/1532.md?p=4) 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](/usc/16/1532.md?p=17) 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](/usc/16/1532.md?p=21) votes against including any [species](/usc/16/1532.md?p=16) in Appendix I or II of the [Convention](/usc/16/1532.md?p=4) and does not enter a reservation pursuant to paragraph (3) of Article XV of the [Convention](/usc/16/1532.md?p=4) with respect to that [species](/usc/16/1532.md?p=16), 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](/usc/16/1532.md?p=15) of the Interior (hereinafter in this subsection referred to as the “[Secretary](/usc/16/1532.md?p=15)”), in cooperation with the Secretary of State, shall act on behalf of, and represent, the [United States](/usc/16/1532.md?p=21) in all regards as required by the [Convention](/usc/16/1532.md?p=4) 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](/usc/16/1532.md?p=4)”). In the discharge of these responsibilities, the [Secretary](/usc/16/1532.md?p=15) and the Secretary of State shall consult with the [Secretary](/usc/16/1532.md?p=15) of Agriculture, the [Secretary](/usc/16/1532.md?p=15) of Commerce, and the heads of other agencies with respect to matters relating to or affecting their [areas](/usc/16/539m–1.md?p=1-A) of responsibility.
  - (2) The [Secretary](/usc/16/1532.md?p=15) and the Secretary of State shall, in cooperation with the contracting parties to the Western [Convention](/usc/16/1532.md?p=4) and, to the extent feasible and appropriate, with the participation of [State agencies](/usc/16/1532.md?p=18), [take](/usc/16/1532.md?p=19) such steps as are necessary to implement the Western [Convention](/usc/16/1532.md?p=4). 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](/usc/16/1532.md?p=4);
    - (B) identification of those [species](/usc/16/1532.md?p=16) of birds that migrate between the [United States](/usc/16/1532.md?p=21) and other contracting parties, and the habitats upon which those [species](/usc/16/1532.md?p=16) depend, and the implementation of cooperative measures to ensure that such [species](/usc/16/1532.md?p=16) will not become endangered or threatened; and
    - (C) identification of measures that are necessary and appropriate to implement those provisions of the Western [Convention](/usc/16/1532.md?p=4) which address the protection of wild [plants](/usc/16/1532.md?p=14).
  - (3) No later than September 30, 1985, the [Secretary](/usc/16/1532.md?p=15) 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](/usc/16/1532.md?p=4).
  - (4) The provisions of this subsection shall not be construed as affecting the authority, jurisdiction, or responsibility of the several [States](/usc/16/544.md?p=r) to manage, control, or regulate resident [fish or wildlife](/usc/16/1532.md?p=8) under [State](/usc/16/1532.md?p=17) law or regulations.

## Source credit

(Pub. L. 93–205, § 8A, as added Pub. L. 96–159, § 6(a)(1), Dec. 28, 1979, 93 Stat. 1228; amended Pub. L. 97–304, § 5[(a)], Oct. 13, 1983, 96 Stat. 1421.)

## Notes

### Editorial Notes

### Amendments

1982—Subsec. (c). Pub. L. 97–304, § 5[(a)](1.md), designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 97–304, § 5[(a)](2.md), substituted provisions relating to reservations by the United States under the Convention for provisions which had established an International Convention Advisory Commission and had provided for its membership, staffing, and operation.

Subsec. (e). Pub. L. 97–304, § 5[(a)](3.md), substituted provisions implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere for provisions which had provided that the President shall designate those agencies of the Federal Government that 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.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1982 Amendment

Pub. L. 97–304, § 5(b), Oct. 13, 1982, 96 Stat. 1422, provided that: “The amendment made by paragraph (1) of subsection (a) [amending this section] shall take effect January 1, 1981.”

### Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

### Endangered Species Scientific Authority; Interim Performance of Functions of Commission

Pub. L. 96–159, § 6(b), Dec. 28, 1979, 93 Stat. 1230, provided that until such time as the Chairman, Members, and Executive Secretary of the International Convention Advisory Commission are appointed, but not later than 90 days after Dec. 28, 1979, the functions of the Commission be carried out by the Endangered Species Scientific Authority as established by Ex. Ord. No. 11911, formerly set out as a note under section 1537 of this title, with staff and administrative support being provided by the Secretary of the Interior as set forth in that Executive Order.