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<br />0D25;)(} <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 9 of 44 <br /> <br />and common name or names, if any, specify with respect to such species over what <br />portion of its range it is endangered or threatened, and specify any critical habitat <br />within such range. The Secretary shall from time to time revise each list published <br />under the authority of this subsection to reflect recent determinations, designations, <br />and revisions made in accordance with subsections (a) and (b). <br />(2) The Secretary shall- <br />(A) conduct, at least once every five years, a review of all species included in a list <br />which is published pursuant to paragraph (I) and which is in effect at the time of such <br />review; and <br />(B) determine on the basis of such review whether any such species should- <br />(i) be removed from such list; <br />(ii) be changed in status from an endangered species to a threatened species; or <br />(iii) be changed in status from a threatened species to an endangered species. Each <br />determination under subparagraph (B) shall be made in accordance with the <br />provisions of subsection (a) and (b). <br /> <br />(d) PROTECTIVE REGULATIONS.-Whenever any species is listed as a threatened <br />species pursuant to subsection (c) of this section, the Secretary shall issue such <br />regulations as he deems necessary and advisable to provide for the conservation of <br />such species. The Secretary may by regulation prohibit with respect to any threatened <br />species any act prohibited under section 9(a)(I), in the case offish or wildlife, or <br />section 9(a)(2), in the case of plants, with respect to endangered species; except that <br />with respect to the taking of resident species offish or wildlife, such regulations shall <br />apply in any State which has entered into a cooperative agreement pursuant to section <br />6(c) of this Act only to the extent that such regulations have also been adopted by <br />such State. <br /> <br />(e) SIMILARITY OF APPEARANCE CASES.- The Secretary may, by regulation of <br />commerce or taking, and to the extent he deems advisable, treat any species as an <br />endangered species or threatened species even though it is not listed pursuant to <br />section 4 of this Act ifhe finds that- <br />(A) such species so closely resembles in appearance, at the point in question, a <br />species which has been listed pursuant to such section that enforcement personnel <br />would have substantial difficulty in attempting to differentiate between the listed and <br />unlisted species; <br />(B) the effect of this substantial difficulty is an additional threat to an endangered or <br />threatened species; and <br />(C) such treatment of an unlisted species will substantially facilitate the enforcement <br />and further the policy of this Act. <br /> <br />(f)(I) RECOVERY PLANS.-The Secretary shall develop and implement plans <br />(hereinafter in this subsection referred to as "recovery plans") for the conservation <br />and survival of endangered species and threatened species listed pursuant to this <br />section, unless he finds that such a plan will not promote the conservation of the <br />species. The Secretary, in development and implementing recovery plans, shall, to the <br />maximum extent practicable- <br />(A) give priority to those endangered species or threatened species, without regard to <br />taxonomic classification, that are most likely to benefit from such plans, particularly <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />