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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />002579 <br />Page 28 of 44 <br /> <br />(c) VIOLATION OF CONVENTION.- <br />(1) It is unlawful for any person subject to the jurisdiction of the United States to <br />engage in any trade in any specimens contrary to the provisions of the Convention, or <br />to possess any specimens traded contrary to the provisions of the Convention, <br />including the definitions of terms in article I thereof <br />(2) Any importation into the United States offish or wildlife shall, if- <br />(A) such fish or wildlife is not an endangered species listed pursuant to section 4 of <br />this Act but is listed in Appendix II of the Convention; <br />(B) the taking and exportation of such fish or wildlife is not contrary to the provisions <br />of the Convention and all other applicable requirements of the Convention have been <br />satisfied; <br />(C) the applicable requirements of subsections (d), (e), and (f) of this section have <br />been satisfied; and <br />(D) such importation is not made in the course of a commercial activity; be presumed <br />to be an importation not in violation of any provision of this Act or any regulation <br />issued pursuant to this Act. <br /> <br />(d) IMPORTS AND EXPORTS.- <br />(I) IN GENERAL.-It is unlawful for any person, without first having obtained <br />permission from the Secretary, to engage in business- <br />(A) as an importer or exporter offish or wildlife (other than shellfish and fishery <br />products which <br />(i) are not listed pursuant to section 4 of this Act as endangered species or threatened <br />species, and <br />(ii) are imported for purposes of human or animal consumption or taken in waters <br />under the jurisdiction of the United States or on the high seas for recreational <br />purposes) or plants; or <br />(B) as an importer or exporter of any amount of raw or worked African elephant ivory. <br />(2) REQUIREMENTS.-Any person required to obtain permission under paragraph <br />(1) of this subsection shall- <br />(A) keep such records as will fully and correctly disclose each importation or <br />exportation offish, wildlife, plants, or African elephant ivory made by him and the <br />subsequent disposition made by him with respect to such fish, wildlife, plants, or <br />IVOry; <br />(B) at all reasonable times upon notice by a duly authorized representative of the <br />Secretary, afford such representative access to his place of business, an opportunity to <br />ex- amine his inventory of imported fish, wildlife, plants, or African elephant ivory <br />and the records required to be kept under subparagraph (A) of this paragraph, and to <br />copy such records; and <br />(C) file such reports as the Secretary may require. <br />(3) REGULA TIONS.- The Secretary shall prescribe such regulations as are necessary <br />and appropriate to carry out the purposes of this subsection. <br />(4) RESTRICTION ON CONSIDERATION OF VALUE OR AMOUNT OF <br />AFRICAN <br />ELEPHANT IVORY IMPORTED OR EXPORTED.-In granting permission under <br />this subsection for importation or exportation of African elephant ivory, the Secretary <br />shall not vary the requirements for obtaining such permission on the basis of the <br /> <br />http://www . fws. gov /-rgendspp/esa.html <br /> <br />9/30/97 <br />