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<br />on538 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 35 of 44 <br /> <br />described in paragraph (I) which- <br />(A) was not repaired or modified after the date of importation with any part of any <br />endangered species or threatened species listed under section 4; <br />(B) was forfeited to the United States before such date of the enactment, or is subject <br />to forfeiture to the United States on such date of enactment, pursuant to the <br />assessment of a civil penalty under section II; and <br />(C) is in the custody ofthe United States on such date of enactment; may, before the <br />close of the one-year period beginning on such date of enactment make application to <br />the Secretary for return of the article. Application shall be made in such form and <br />manner, and contain such documentation, as the Secretary prescribes. If on the basis <br />of any such application which is timely filed, the Secretary is satisfied that the <br />requirements of this paragraph are met with respect to the article concerned, the <br />Secretary shall return the arti- cle to the applicant and the importation of such article <br />shall, on and after the date of return, be deemed to be a lawful importation under this <br />Act. <br /> <br />(i) NONCOMMERCIAL TRANSSHIPMENTS.-Any importation into the United <br />States offish or wildlife shall, if- <br />(1) such fish or wildlife was lawfully taken and exported from the country of origin <br />and country of reexport, if any; <br />(2) such fish or wildlife is in transit or transshipment through any place subject to the <br />jurisdiction of the United States enroute to a country where such fish or wildlife may <br />be lawfully imported and received; <br />(3) the exporter or owner of such fish or wildlife gave explicit instructions not to ship <br />such fish or wildlife through any place subject to the jurisdiction of the United States, <br />or did all that could have reasonably been done to prevent transshipment, and the <br />circumstances leading to the transshipment were beyond the exporter's or owner's <br />control; <br />(4) the applicable requirements of the Convention have been satisfied; and <br />(5) such importation is not made in the course of a commercial activity, be an <br />importation not in violation of any provision of this Act or any regulation issued <br />pursuant to this Act while such fish or wildlife remains in the control of the United <br />States Customs Service. <br /> <br />(j) EXPERIMENTAL POPULA TIONS.- <br />(1) For purposes of this subsection, the term "experimental population" means any <br />population (including any offspring arising solely therefrom) authorized by the <br />Secretary for release under paragraph (2), but only when, and at such times as, the <br />population is wholly separate geographically from nonexperimental populations of <br />the same species. <br />(2)(A) The Secretary may authorize the release (and the related transportation) of any <br />population (including eggs, propagules, or individuals) of an endangered species or a <br />threatened species outside the current range of such species if the Secretary <br />determines that such release will further the conservation of such species. <br />(B) Before authorizing the release of any population under subparagraph (A), the <br />Secretary shall by regulation identify the population and determine, on the basis of <br />the best available information, whether or not such population is essential to the <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30197 <br />