894
PUBLIC LAW 93-205-DEC. 28, 1973
[87 STAT.
(D) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in \iolation of subparagraphs (B) and (C); (E) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means Avhatsoever and in the course of a commercial activity, any such species; (F) sell or offer for sale in interstate or foreign commerce any such species; or (G) violate any regulation pertaining to such species or to am' threatened species of fish or wildlife listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authority provided by this Act. (2) Except as provided in sections 6(g)(2) and 10 of this Act, with respect to any endangered species of plants listed pursuant to section 1 of this Act, it is unlawful for any person subject to the jurisdiction of the Ignited States to— (A) import any such species into, or export any such species flom, the United States; (B) deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species; (C) sell or olfer for sale in interstate or foreign connnerce any such species; or (D) violate any regulation pertaining to such species or to any threatened species of plants listed pursuant to section 4 of this Act and promulgated by the Secretary pursuant to authorit}' provided by this Act. (b)
SPECIES HELD i x (AmviTY OK COXTKOLLED ENVIKOXMENT.—
The provisions of this section shall not apply to any fish or wildlife held in captivity or in a cfmtrolled environment on the effective date of this Act if the purposes of such holding are not contrary to the purposes of this Act; except that this subsection shall not apply in the case of any fish or wildlife held in the course of a commercial activity. With respect to any act prohibited by this section which occurs after a period of 180 days from the effective date of this Act, there shall be a rebuttable presumption that the fish or wildlife involved in such act was not held in captivity or in a controlled environment on such effective date. (c) VioiTioN OF CoxvEXTiON.—(1) It is uiilawful for any person subject to the jurisdiction of the United States to engage in any trade in any specimens contrary to the provisions of the Convention, or to possess any specimens traded contrary to the provisions of the Convention, including the definitions of terms in article I thereof. (2) Any importation into the United States of fish or wildlife shall, if— (A) such fish or wildlife is not an endangered species listed pursuant to section 4 of this Act but is listed in Appendix II to the Convention, (B) the taking and exportation of such fish or wildlife is not contrary to the provisions of the Convention and all other applicable requirements of the Convention have been satisfied, (C) the applicable requirements of subsections (d), (e), and (f) of this section have been satisfied, and (I)) such importation is not made in the course of a commercial activity, be presumed to be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act.
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