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032506 ENDANGERED SPECIES ACT OF 1973, Endangered Sp... Page 15 of 44 (g) TRANSITION.- (1) For purposes of this subsection, the term "establishment period" means, with respect to any State, the period beginning on the date of enactment of this Act and ending on whichever of the following dates first occurs: (A) the date of the close of the 120-day period following the adjournment of the first regular session of the legislature of such State which commences after such date of enactment, or (B) the date of the close of the 15 month period following such date of enactment. (2) The prohibitions set forth in or authorized pursuant to sections 4(d) and 9(a)(1)(B) of this Act shall not apply with respect to the taking of any resident endangered species or threatened species (other than species listed in Appendix I to the Convention or otherwise specifically covered by any other treaty or Federal law) within any State- (A) which is then a party to a cooperative agreement with the Secretary pursuant to section 6( c) of this Act (except to the extent that the taking of any such species is contrary to the law of such State); or (B) except for any time within the establishment period when- (i) the Secretary applies such prohibition to such species at the request ofthe State, or (ii) the Secretary applies such prohibition after he finds, and publishes his finding, that an emergency exists posing a significant risk to the well-being of such species and that the prohibition must be applied to protect such species. The Secretary's finding and publication may be made without regard to the public hearing or comment provisions of section 553 of title 5, United States Code, or any other provision of this Act; but such prohibition shall expire 90 days after the date of its imposition unless the Secretary further extends such prohibition by publishing notice and a statement of justification of such extension. (h) REGULATIONS.-The Secretary is authorized to promulgate such regulations as may be appropriate to carry out the provisions of this section relating to financial assistance to States. (i) APPROPRlA TIONS.- (1) To carry out the provisions of this section for fiscal years after September 30, 1988, there shall be deposited into a special fund known as the cooperative endangered species conservation fund, to be administered by the Secretary, an amount equal to five percent of the combined amounts covered each fiscal year into the Federal aid to wildlife restoration fund under section 3 of the Act of September 2, 1937, and paid, transferred, or otherwise credited each fiscal year to the Sport Fishing Restoration Account established under 1016 of the Act of July 18, 1984. (2) Amounts deposited into the special fund are authorized to be appropriated annually and allocated in accordance with subsection (d) of this section. INTERAGENCY COOPERATION ^ SEC. 7. (a) FEDERAL AGENCY ACTIONS AND CONSULT A TIONS.- (I) The Secretary shall review other programs administered by him and utilize such http://www.fws.gov/~r9endspp/esa.html 9/30/97