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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp...
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<br />it is listed in accordance with the provisions of section 4 of this Act, on which are
<br />found those physical or biological features (I) essential to the conservation of the
<br />species and (II) which may require special management considerations or protection;
<br />and
<br />(ii) specific areas outside the geographical area occupied by the species at the time it
<br />is listed in accordance with the provisions of section 4 of this Act, upon a
<br />dete~ination by the Secretary that such areas are essential for the conservation of the
<br />specIes.
<br />(8) Critical habitat may be established for those species now listed as threatened or
<br />endangered species for which no critical habitat has heretofore been established as set
<br />forth in subparagraph (A) of this paragraph.
<br />(C) Except in those circumstances determined by the Secretary, critical habitat shall
<br />not include the entire geographical area which can be occupied by the threatened or
<br />endangered species.
<br />(6) The term "endangered species" means any species which is in danger of extinction
<br />throughout all or a significant portion of its range other than a species of the Class
<br />Insecta determined by the Secretary to constitute a pest whose protection under the
<br />provisions of this Act would present an overwhelming and overriding risk to man.
<br />(7) The term "Federal agency" means any department, agency, or instrumentality of
<br />the United States.
<br />(8) The term "fish or wildlife" means any member of the animal kingdom, including
<br />without limitation any mammal, fish, bird (including any migratory, nonmigratory, or
<br />endangered bird for which protection is also afforded by treaty or other international
<br />agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate,
<br />and includes any part, product, egg, or offspring thereof, or the dead body or parts
<br />thereof.
<br />(9) The term "foreign commerce" includes, among other things, any transaction-
<br />(A) between persons within one foreign country;
<br />(8) between persons in two or more foreign countries;
<br />(C) between a person within the United States and a person in a foreign country; or
<br />(D) between persons within the United States, where the fish and wildlife in question
<br />are moving in any country or countries outside the United States.
<br />(10) The term "import" means to land on, bring into, or introduce into, or attempt to
<br />land on, bring into, or introduce into, any place subject to the jurisdiction of the
<br />United States, whether or not such landing, bringing, or introduction constitutes an
<br />importation within the meaning of the customs laws of the United States.
<br />(11) The term "permit or license applicant" means, when used with respect to an
<br />action of a Federal agency for which exemption is sought under section 7, any person
<br />whose application to such agency for a permit or license has been denied primarily
<br />because of the application of section 7(a) to such agency action.
<br />(12) "The term person means an individual, corporation, partnership, trust,
<br />association, or any other private entity; or any officer, employee, agent, department,
<br />or instrumentality of the Federal Government, of any State, municipality, or political
<br />subdivision ofa State, or of any foreign government; any State, municipality, or
<br />political subdivision of a State; or any other entity subject to the jurisdiction of the
<br />United States."
<br />(13) The term "plant" means any member of the plant kingdom, including seeds,
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<br />http://www . fws.gov /~rgendspp/esa.html
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<br />9/30/97
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