CONVENTION IMPLEMENTATION
SEC. 8A.
(a) MANAGEMENT AUTHORITY AND SCIENTIFIC AUTHORITY.—The Secretary
of the Interior (hereinafter in this section referred to as the “Secretary”) is designated
as the Management Authority and the Scientific Authority for purposes of the
Convention and the respective functions of each such Authority shall be carried out
through the United States Fish and Wildlife Service.
(b) MANAGEMENT AUTHORITY FUNCTIONS.—The Secretary shall do all things necessary
and appropriate to carry out the functions of the Management Authority under
the Convention.
(c) SCIENTIFIC AUTHORITY FUNCTIONS.—(1) The Secretary shall do all things necessary
and appropriate to carry out the functions of the Scientific Authority under the
Convention.
(2) The Secretary shall base the determinations and advice given by him under
Article IV of the Convention with respect to wildlife upon the best available biological
information derived from professionally accepted wildlife management practices;
but is not required to make, or require any State to make, estimates of population
size in making such determinations or giving such advice.
(d) RESERVATIONS BY THE UNITED STATES UNDER CONVENTION.—If the United States
votes against including any species in Appendix I or II of the Convention and does
not enter a reservation pursuant to paragraph (3) of Article XV of the Convention
with respect to that species, the Secretary of State, before the 90th day after the last
day on which such a reservation could be entered, shall submit to the Committee on
Merchant Marine and Fisheries of the House of Representatives, and to the Committee
on the Environment and Public Works of the Senate, a written report setting
forth the reasons why such a reservation was not entered.
(e) WILDLIFE PRESERVATION IN WESTERN HEMISPHERE.—(1) The Secretary of the
Interior (hereinafter in this subsection referred to as the “Secretary”), in cooperation
with the Secretary of State, shall act on behalf of, and represent, the United
States in all regards as required by the Convention on Nature Protection and Wildlife
Preservation in the Western Hemisphere (56 Stat. 1354, T.S. 982, hereinafter in
this subsection referred to as the “Western Convention”). In the discharge of these
responsibilities, the Secretary and the Secretary of State shall consult with the Secretary
of Agriculture, the Secretary of Commerce, and the heads of other agencies with
respect to matters relating to or affecting their areas of responsibility.
(2) The Secretary and the Secretary of State shall, in cooperation with the contracting
parties to the Western Convention and, to the extent feasible and appropriate,
with the participation of State agencies, take such steps as are necessary to implement
the Western Convention. Such steps shall include, but not be limited to—
(A) cooperation with contracting parties and international organizations for the purpose of developing personnel resources and programs that will facilitate
implementation of the Western Convention.
(B) identification of those species of birds that migrate between the United
States and other contracting parties, and the habitats upon which those species
depend, and the implementation of cooperative measures to ensure that such
species will not become endangered or threatened; and
(C) identification of measures that are necessary and appropriate to implement
those provisions of the Western Convention which address the protection
of wild plants.
(3) No later than September 30, 1985, the Secretary and the Secretary of State
shall submit a report to Congress describing those steps taken in accordance with
the requirements of this subsection and identifying the principal remaining actions
yet necessary for comprehensive and effective implementation of the Western Convention.
(4) The provisions of this subsection shall not be construed as affecting the authority,
jurisdiction, or responsibility of the several States to manage, control, or
regulate resident fish or wildlife under State law or regulations.
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