-CITE-
16 USC Sec. 1533 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
Sec. 1533. Determination of endangered species and threatened
species

-STATUTE-

...

(3)(A) The Secretary, by regulation promulgated in accordance
with subsection (b) of this section and to the maximum extent
prudent and determinable -
(i) shall, concurrently with making a determination under
paragraph (1) that a species is an endangered species or a
threatened species, designate any habitat of such species which
is then considered to be critical habitat; and
(ii) may, from time-to-time thereafter as appropriate, revise
such designation.

(B)(i) The Secretary shall not designate as critical habitat any
lands or other geographical areas owned or controlled by the
Department of Defense, or designated for its use, that are subject
to an integrated natural resources management plan prepared under
section 670a of this title, if the Secretary determines in writing
that such plan provides a benefit to the species for which critical
habitat is proposed for designation.
(ii) Nothing in this paragraph affects the requirement to consult
under section 1536(a)(2) of this title with respect to an agency
action (as that term is defined in that section).
(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 1538 of this title,
including the prohibition preventing extinction and taking of
endangered species and threatened species.
(b) Basis for determinations
(1)(A) The Secretary shall make determinations required by
subsection (a)(1) of this section solely on the basis of the best
scientific and commercial data available to him after conducting a
review of the status of the species and after taking into account
those efforts, if any, being made by any State or foreign nation,
or any political subdivision of a State or foreign nation, to
protect such species, whether by predator control, protection of
habitat and food supply, or other conservation practices, within
any area under its jurisdiction; or on the high seas.
(B) In carrying out this section, the Secretary shall give
consideration to species which have been -
(i) designated as requiring protection from unrestricted
commerce by any foreign nation, or pursuant to any international
agreement; or
(ii) identified as in danger of extinction, or likely to become
so within the foreseeable future, by any State agency or by any
agency of a foreign nation that is responsible for the
conservation of fish or wildlife or plants.

(2) The Secretary shall designate critical habitat, and make
revisions thereto, under subsection (a)(3) of this section on the
basis of the best scientific data available and after taking into
consideration the economic impact, the impact on national security,
and any other relevant impact, of specifying any particular area as
critical habitat. The Secretary may exclude any area from critical
habitat if he determines that the benefits of such exclusion
outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best
scientific and commercial data available, that the failure to
designate such area as critical habitat will result in the
extinction of the species concerned.
(3)(A) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e)
of title 5, to add a species to, or to remove a species from,
either of the lists published under subsection (c) of this section,
the Secretary shall make a finding as to whether the petition
presents substantial scientific or commercial information
indicating that the petitioned action may be warranted. If such a
petition is found to present such information, the Secretary shall
promptly commence a review of the status of the species concerned.
The Secretary shall promptly publish each finding made under this
subparagraph in the Federal Register.
(B) Within 12 months after receiving a petition that is found
under subparagraph (A) to present substantial information
indicating that the petitioned action may be warranted, the
Secretary shall make one of the following findings:
(i) The petitioned action is not warranted, in which case the
Secretary shall promptly publish such finding in the Federal
Register.
(ii) The petitioned action is warranted, in which case the
Secretary shall promptly publish in the Federal Register a
general notice and the complete text of a proposed regulation to
implement such action in accordance with paragraph (5).
(iii) The petitioned action is warranted, but that -
(I) the immediate proposal and timely promulgation of a final
regulation implementing the petitioned action in accordance
with paragraphs (5) and (6) is precluded by pending proposals
to determine whether any species is an endangered species or a
threatened species, and
(II) expeditious progress is being made to add qualified
species to either of the lists published under subsection (c)
of this section and to remove from such lists species for which
the protections of this chapter are no longer necessary,

in which case the Secretary shall promptly publish such finding
in the Federal Register, together with a description and
evaluation of the reasons and data on which the finding is based.

(C)(i) A petition with respect to which a finding is made under
subparagraph (B)(iii) shall be treated as a petition that is
resubmitted to the Secretary under subparagraph (A) on the date of
such finding and that presents substantial scientific or commercial
information that the petitioned action may be warranted.
(ii) Any negative finding described in subparagraph (A) and any
finding described in subparagraph (B)(i) or (iii) shall be subject
to judicial review.
(iii) The Secretary shall implement a system to monitor
effectively the status of all species with respect to which a
finding is made under subparagraph (B)(iii) and shall make prompt
use of the authority under paragraph 7 (!1) to prevent a
significant risk to the well being of any such species.

(D)(i) To the maximum extent practicable, within 90 days after
receiving the petition of an interested person under section 553(e)
of title 5, to revise a critical habitat designation, the Secretary
shall make a finding as to whether the petition presents
substantial scientific information indicating that the revision may
be warranted. The Secretary shall promptly publish such finding in
the Federal Register.
(ii) Within 12 months after receiving a petition that is found
under clause (i) to present substantial information indicating that
the requested revision may be warranted, the Secretary shall
determine how he intends to proceed with the requested revision,
and shall promptly publish notice of such intention in the Federal
Register.