Sec. 9114. Unlawful acts
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Section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136j ) is amended by adding at the end the following new subsection: If the Administrator determines, with respect to a pesticide that is registered under this Act, that the pesticide meets the criteria specified in section 3(c)(5)(A)(v), any taking of a federally listed threatened or endangered species that is incidental to an otherwise lawful use of such pesticide pursuant to this Act shall not be considered unlawful under— section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) ); or section 9(a)(1)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(a)(1)(B) ). .
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