; suspension Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136d(b) ) is amended by inserting or does not meet the criteria specified in section 3(c)(5)(A)(v) after adverse effects on the environment . 9114. Unlawful acts 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: (c) Lawful use of pesticide resulting in incidental taking of certain species 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— (1) section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) ); or (2) section 9(a)(1)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(a)(1)(B) ) of such Act. . 9115. Authority of States Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136v(c) ) is amended— (1) in paragraph (2), in the second sentence, by inserting and the State registration is not likely to jeopardize the survival of a federally listed threatened or endangered species or directly or indirectly alter in a manner that is likely to appreciably diminish the value of critical habitat for both the survival and recovery of the listed species before the period at the end