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<br />002582 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... Page 31 of 44 <br /> <br />Convention which is to be used in a commercial activity. <br />(2) As used in this subsection, the term "undue economic hardship" shall include, but <br />not be limited to: <br />(A) substantial economic loss resulting from inability caused by this Act to perform <br />contracts with respect to species of fish and wildlife entered into prior to the date of <br />publication in the Federal Register of a notice of consideration of such species as an <br />endangered species; <br />(B) substantial economic loss to persons who, for the year prior to the notice of <br />consideration of such species as an endangered species, derived a substantial portion <br />of their income from the lawful taking of any listed species, which taking would be <br />made unlawful under this Act; or <br />(C) curtailment of subsistence taking made unlawful under this Act by persons <br />(i) not reasonably able to secure other sources of subsistence; and <br />(ii) dependent to a substantial extent upon hunting and fishing for subsistence; and <br />(iii) who must engage in such curtailed taking for subsistence purposes. <br />(3) The Secretary may make further requirements for a showing of undue economic <br />hardship as he deems fit. Exceptions granted under this section may be limited by the <br />Secretary in his discretion as to time, area, or other factor of applicability. <br /> <br />(c) NOTICE AND REVIEW.- The Secretary shall publish notice in the Federal <br />Register of each application for an exemption or permit which is made under this <br />section. Each notice shall invite the submission from interested parties, within thirty <br />days after the date of the notice, of written data, views, or arguments with respect to <br />the application; except that such thirty-day period may be waived by the Secretary in <br />an emergency situation where the health or life of an endangered animal is threatened <br />and no reasonable alternative is available to the applicant, but notice of any such <br />waiver shall be published by the Secretary in the Federal Register within ten days <br />following the issuance of the exemption or permit. Information received by the <br />Secretary as part of any application shall be available to the public as a matter of <br />public record at every stage of the proceeding. <br /> <br />(d) PERMIT AND EXEMPTION POLICY.-The Secretary may grant exceptions <br />under subsections (a)(1)(A) and (b) of this section only ifhe finds and publishes his <br />finding in the Federal Register that <br />(1) such exceptions were applied for in good faith, <br />(2) if granted and exercised will not operate to the disadvantage of such endangered <br />spe- cies, and <br />(3) will be consistent with the purposes and policy set forth in section 2 of this Act. <br /> <br />(e) ALASKA NATIVES.- <br />(1) Except as provided in paragraph (4) of this subsection the provisions of this Act <br />shall not apply with respect to the taking of any endangered species or threatened <br />species, or the importation of any such species taken pursuant to this section, by- <br />(A) any Indian, Aleut, or Eskimo who is an Alaskan Native who resides in Alaska; or <br />(B) any non-native permanent resident of an Alaskan native village; if such taking is <br />primarily for subsistence purposes. Non-edible byproducts of species taken pursuant <br />to this section may be sold in interstate commerce when made into authentic native <br />articles of handicrafts and clothing; except that the provisions of this subsection shall <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />