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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />002581 <br />Page 30 of 44 <br /> <br />(B) any taking otherwise prohibited by section 9(a)( I )(B) if such taking is incidental <br />to, and not the purpose of, the carrying out of an otherwise lawful activity. <br />(2)(A) No permit may be issued by the Secretary authorizing any taking referred to in <br />paragraph (I)(B) unless the applicant therefor submits to the Secretary a conservation <br />plan that specifies- <br />(i) the impact which will likely result from such taking; <br />(ii) what steps the applicant will take to minimize and mitigate such impacts, and the <br />funding that will be available to implement such steps; <br />(iii) what alternative actions to such taking the applicant considered and the reasons <br />why such alternatives are not being utilized; and <br />(iv) such other measures that the Secretary may require as being necessary or <br />appropriate for purposes of the plan. <br />(B) If the Secretary finds, after opportunity for public comment, with respect to a <br />permit application and the related conservation plan that- <br />(i) the taking will be incidental; <br />(ii) the applicant will, to the maximum extent practicable, minimize and mitigate the <br />impacts of such taking; <br />(iii) the applicant will ensure that adequate funding for the plan will be provided; <br />(iv) the taking will not appreciably reduce the likelihood of the survival and recovery <br />of the species in the wild; and <br />(v) the measures, if any, required under subparagraph (A)(iv) will be met; and he has <br />received such other assurances as he may require that the plan will be implemented, <br />the Secretary shall issue the permit. The permit shall contain such terms and <br />conditions as the Secretary deems necessary or appropriate to carry out the purposes <br />of this paragraph, including, but not limited to, such reporting requirements as the <br />Secretary deems necessary for determining whether such terms and conditions are <br />being complied with. <br />(C) The Secretary shall revoke a permit issued under this paragraph if he finds that <br />the permittee is not complying with the terms and conditions of the permit. <br /> <br />(b) HARDSHIP EXEMPTIONS.- <br />(1) If any person enters into a contract with respect to a species of fish or wildlife or <br />plant before the date of the publication in the Federal Register of notice of <br />consideration of that species as an endangered species and the subsequent listing of <br />that species as an endangered species pursuant to section 4 of this Act will cause <br />undue hardship to such person under the contract, the Secretary, in order to minimize <br />such hardship, may exempt such person from the application of section 9(a) of this <br />Act to the extent the Secretary deems appropriate if such person applies to him for <br />such exemption and includes with such application such information as the Secretary <br />may require to prove such hardship; except that (A) no such exemption shall be for a <br />duration of more than one year from the date of publication in the Federal Register of <br />notice of consideration of the species concerned, or shall apply to a quantity of fish or <br />wildlife or plants in excess of that specified by the Secretary; (B) the one-year period <br />for those species offish or wildlife listed by the Secretary as endangered prior to the <br />effective date of this Act shall expire in accordance with the terms of section 3 of the <br />Act of December 5, 1969 (83 Stat. 275); and (C) no such exemption may be granted <br />for the importation or exportation of a specimen listed in Appendix I of the <br /> <br />http://www.fws.gov/-r9endspp/esa.htm] <br /> <br />9/30197 <br />