Title 50 Wildlife and Fisheries Parts 1 to 16

Revised as of October 1, 2014

Containing a codification of documents of general applicability and future effect

As of October 1, 2014

Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

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Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Printing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PRINTING OFFICE U.S. Superintendent of Documents • Washington, DC 20402–0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800

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Page Explanation ...... v

Title 50:

Chapter I—United States Fish and Wildlife Service, Department of the Interior ...... 3

Finding Aids:

Table of CFR Titles and Chapters ...... 109

Alphabetical List of Agencies Appearing in the CFR ...... 129

List of CFR Sections Affected ...... 139

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To cite the regulations in this volume use title, part and section number. Thus, 50 CFR 1.1 refers to title 50, part 1, section 1.

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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2014), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Sep<11>2014 13:33 Nov 12, 2014 Jkt 232228 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\232228.XXX 232228 wreier-aviles on DSK5TPTVN1PROD with CFR Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949- 1963, 1964-1972, 1973-1985, and 1986-2000. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published else- where. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

VerDate Sep<11>2014 13:33 Nov 12, 2014 Jkt 232228 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\232228.XXX 232228 wreier-aviles on DSK5TPTVN1PROD with CFR An index to the text of ‘‘Title 3—The President’’ is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202- 512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Printing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.ofr.gov. For more information, contact the GPO Customer Con- tact Center, U.S. Government Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Printing Office. It is available at www.ecfr.gov.

CHARLES A. BARTH, Director, Office of the Federal Register. October 1, 2014.

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Title 50—FISH AND WILDLIFE is composed of thirteen volumes. The parts in these volumes are arranged in the following order: Parts 1–16; part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part (17.95(c) to (e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18–199, parts 200–227, parts 228–599, parts 600–659, and part 660 to end. The first nine volumes consist of parts 1–16, part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to (e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h), part 17 (17.99(i) to end of part 17), and parts 18–199 and contain the current regulations issued under chapter I—United States Fish and Wildlife Service, Department of the Interior. The tenth volume (parts 200-227) contains the current regulations issued under chapter II--the National Marine Fisheries Service, National Oceanic and Atmospheric Administration. The eleventh volume (parts 228–599) contains the remaining current regulations issued under chapter II—National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce; and the current regulations issued under chapter III—International Fishing and Related Activities, chapter IV—Joint Regulations (United States Fish and Wildlife Service, Depart- ment of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee regulations; and chapter V—Marine Mammal Commission. The twelfth and thirteenth volumes (parts 600–659 and part 660 to end) contain the current regulations issued under chapter VI—Fishery Conservation and Manage- ment, National Oceanic and Atmospheric Administration, Department of Com- merce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2014.

Alphabetical listings of endangered and threatened wildlife and plants appear in §§ 17.11 and 17.12.

The OMB control numbers for the National Oceanic and Atmospheric Adminis- tration appear in 15 CFR 902.1.

For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Jim Hemphill.

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(This book contains parts 1 to 16)

Part

CHAPTER I—United States Fish and Wildlife Service, Depart- ment of the Interior ...... 1

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SUBCHAPTER A—GENERAL PROVISIONS

Part Page 1 Definitions ...... 5 2 Agency organization and locations ...... 5 3 Nondiscrimination—contracts, permits, and use of facilities ...... 7

SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PUR- CHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS 10 General provisions...... 8 11 Civil procedures...... 30 12 Seizure and forfeiture procedures ...... 33 13 General permit procedures ...... 43 14 Importation, exportation, and transportation of wildlife ...... 56 15 Wild Bird Conservation Act ...... 85 16 Injurious wildlife...... 98

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PART 1—DEFINITIONS § 1.6 Person. Person means an individual, club, as- Sec. sociation, partnership, corporation, or 1.1 Meaning of terms. private or public body, any one or all, 1.2 Authorized representative. as the context requires. 1.3 Service. 1.4 Director. § 1.7 Regional director. 1.5 Officer in Charge. 1.6 Person. Regional director means the official in 1.7 Regional director. charge of a region of the U.S. Fish and 1.8 Secretary. Wildlife Service or the authorized representative of such official. AUTHORITY: 5 U.S.C. 301. [48 FR 44833, Sept. 30, 1983] SOURCE: 31 FR 16002, Dec. 15, 1966, unless otherwise noted. § 1.8 Secretary. § 1.1 Meaning of terms. Secretary means the Secretary of the As used in this chapter, unless sepa- Interior or the authorized representa- rately defined, terms shall have the tive of such official. meaning ascribed in this part. [48 FR 44833, Sept. 30, 1983]

§ 1.2 Authorized representative. PART 2—AGENCY ORGANIZATION Authorized representative means the AND LOCATIONS subordinate official to which a principal official has delegated authority Sec. to act on a particular matter or a class 2.1 Headquarters. of matters. The Director, U.S. Fish and 2.2 Regional offices. Wildlife Service is frequently the au- AUTHORITY: 5 U.S.C. 301. thorized representative of the Sec- retary of the Interior, as also may be a § 2.1 Headquarters. regional director or an officer in The U.S. Fish and Wildlife Service is charge of a Service field installation. composed of a main office in the Wash- § 1.3 Service. ington, DC, area, referred to as ‘‘Head- quarters’’; eight regional offices, which Service means the United States Fish are described in § 2.2; and a variety of and Wildlife Service, Department of field installations, a nationwide net- the Interior. work of law enforcement agents, and a number of field study teams for bio- § 1.4 Director. logical and ecological activities. Head- Director means the Director, U.S. quarters includes the Office of the Di- Fish and Wildlife Service or the au- rector, as well as program areas headed thorized representative of such official. by Assistant Directors. [48 FR 44833, Sept. 30, 1983] (a) The address for the Office of the Director is: Office of the Director, U.S. § 1.5 Officer in Charge. Fish and Wildlife Service, Main Inte- rior, 1849 C Street NW., Room 3331, Officer in Charge means any person in Washington, DC 20240–0001. charge of a national fish hatchery, na- (b) The address of Headquarters pro- tional wildlife refuge, research center, gram areas is: U.S. Fish and Wildlife or other U.S. Fish and Wildlife Service Service Headquarters, MS: [Insert ap- installation, or the authorized rep- propriate Mail Stop from table], 5275 resentative of such official. Leesburg Pike, Falls Church, VA 22041– [48 FR 44833, Sept. 30, 1983] 3803.

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Headquarters program Mail stop

Business Management and Operations ...... MS: BMO. Budget, Planning and Human Capital, including: • Service’s Information Collection Clearance Officer ...... MS: BPHC. External Affairs ...... MS: EA. Ecological Services, Including: • Division of Environmental Review ...... MS: ES. Fish and Aquatic Conservation, including: • Division of Fish and Aquatic Conservation Programs ...... MS: FAC. International Affairs, including: • Division of Management Authority ...... MS: IA. • Division of Scientific Authority. Information Resource and Technology Management ...... MS: IRTM. Migratory Birds, including: • Division of Migratory Bird Management ...... MS: MB. • Division of Bird Habitat Conservation. National Wildlife Refuge System ...... MS: NWRS. Office of Diversity and Inclusive Workforce Management ...... MS: ODIWM. Office of Law Enforcement ...... MS: OLE. Science Applications ...... MS: SA. Wildlife and Sport Fish Restoration ...... MS: WSFR.

[79 FR 43963, July 29, 2014] 9018 (P.O. Box 1306), Albuquerque, New Mexico 87102. § 2.2 Regional offices. (c) Midwest Regional Office (Region The U.S. Fish and Wildlife Service 3—comprising the States of Illinois, In- has eight regional offices that are re- diana, Iowa, Michigan, Minnesota, Mis- sponsible for implementing national souri, Ohio, and Wisconsin), 5600 Amer- policies. Each Regional Director has ican Boulevard West, Suite 990, Bloom- jurisdiction over Service activities per- ington, Minnesota 55437. formed by field installations in the (d) Southeast Regional Office (Region State(s) encompassed by the region. 4—comprising the States of Alabama, Field installations include ecological Arkansas, Florida, Georgia, Kentucky, services stations, endangered species Louisiana, Mississippi, North Carolina, stations, fishery assistance offices, na- South Carolina, and Tennessee; the tional fish hatcheries, national wildlife Commonwealth of Puerto Rico; and the refuges, research laboratories, and Virgin Islands and Caribbean possessions), 1875 Century Boulevard, Suite wildlife assistance offices. Unless oth- 400, Atlanta, Georgia 30345. erwise stated for a particular matter in (e) Northeast Regional Office (Region the regulations, all persons may secure 5—comprising the States of Con- from the regional offices information necticut, Delaware, Maine, Maryland, or make submittals or requests, as well Massachusetts, New Hampshire, New as obtain forms and instructions as to Jersey, New York, Pennsylvania, the scope and contents of papers or re- Rhode Island, Vermont, Virginia, and ports required of the public. The geo- West Virginia; and the District of Co- graphic jurisdictions and addresses of lumbia), 300 Westgate Center Drive, the U.S. Fish and Wildlife regional of- Hadley, Massachusetts 01035. fices are as follows: (f) Mountain-Prairie Regional Office (a) Pacific Regional Office (Region (Region 6—comprising the States of 1—comprising the States of Hawaii, Colorado, Kansas, Montana, Nebraska, Idaho, Oregon, and Washington; the North Dakota, South Dakota, Utah and Commonwealth of the Northern Mar- Wyoming), 134 Union Boulevard (P.O. iana Islands; and American Samoa, Box 25486), Lakewood, Colorado 80228. Guam, and other Pacific possessions), (g) Alaska Regional Office (Region Eastside Federal Complex, 911 NE. 11th 7—comprising the State of Alaska), Avenue, Portland, Oregon 97232. 1011 E. Tudor Road, Anchorage, Alaska (b) Southwest Regional Office (Re- 99503. gion 2—comprising the States of Ari- (h) Pacific Southwest Regional Office zona, New Mexico, Oklahoma, and (Region 8—comprising the States of Texas), 500 Gold Avenue SW., Room California and Nevada), 2800 Cottage

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Way, Room W–2606, Sacramento, Cali- Order 11114 (3 CFR, 1959–1963 Comp. p. fornia 95825. 774), as they may be amended, and the regulations of the President’s Council [78 FR 35151, June 12, 2013, as amended at 79 FR 43963, July 29, 2014] on Equal Opportunity, the President’s Committee on Equal Employment Op- portunity, contained in 41 CFR part 60, PART 3—NONDISCRIMINATION— and the Equal Employment Oppor- CONTRACTS, PERMITS, AND USE tunity Commission are applicable to OF FACILITIES all agreements, or modifications thereof, between the Service and any person Sec. for supplies, services or facilities, or 3.1 Discrimination prohibited. for the use of any Government prop- 3.2 Federal financial assistance. erty, services or facilities. 3.3 Discrimination by contractors and permittees prohibited. (a) Any person who provides public accommodations, facilities, services, or AUTHORITY: 5 U.S.C. 301. Interpret or apply privileges upon any land under the con- sec. 602, 78 Stat. 252; 42 U.S.C. 2000d–1; E.O. trol or administration of the Service 10925, E.O. 11114. through a permit, contract, concession SOURCE: 31 FR 16002, Dec. 15, 1966, unless contract, or other form of agreement otherwise noted. with the Service is prohibited from dis- criminating by segregation or other- § 3.1 Discrimination prohibited. wise against any person because of No person shall, on the ground of race, color, creed, or national origin in race, color, creed, or national origin, be the furnishing or refusing to furnish excluded from participation in, be de- such person any accommodation, facil- nied the benefits of, or be otherwise ity, service, or privilege which is of- subjected to any form of discrimina- fered to or enjoyed by the general pub- tion or segregation under any program lic, and will agree to abide by the pro- or activity, or in the use of any facility hibitions against discrimination con- or accommodation of the Service. tained in the permit, contract, or agreement. § 3.2 Federal financial assistance. (b) Any person who uses, occupies, or The provisions of 43 CFR part 17, possesses any land under the adminis- which implements title VI of the Civil tration or control of the Service Rights Act of 1964, are applicable to through a permit, contract, concession any program or activity for which Fed- contract, or other form of agreement eral financial assistance is provided with the Bureau is prohibited, in con- under any law administered by the junction with the acts or activities au- Service, including the programs and thorized or permitted by such permit, activities that are federally assisted contract, or agreement, from discrimi- under the laws listed in Appendix A of nating against any employee or appli- 43 CFR part 17. cant for employment or maintaining any employment practice which dis- § 3.3 Discrimination by contractors criminates in any manner because of and permittees prohibited. race, color, creed, or national origin, The provisions of part III of Execu- and will agree to abide by the prohibi- tive Order 10925 (3 CFR, 1959–1963 Comp. tions against discrimination contained p. 448) and the provisions of Executive in the permit, contract, or agreement.

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PART 10—GENERAL PROVISIONS § 10.2 Scope of regulations. The various parts of this subchapter Subpart A—Introduction B are interrelated, and particular note Sec. should be taken that the parts must be 10.1 Purpose of regulations. construed with reference to each other. 10.2 Scope of regulations. 10.3 Other applicable laws. § 10.3 Other applicable laws. 10.4 When regulations apply. No statute or regulation of any State shall be construed to relieve a person Subpart B—Definitions from the restrictions, conditions, and 10.11 Scope of definitions. requirements contained in this sub- 10.12 Definitions. chapter B. In addition, nothing in this 10.13 List of Migratory Birds. subchapter B, nor any permit issued under this subchapter B, shall be con- Subpart C—Addresses strued to relieve a person from any other requirements imposed by a stat- 10.21 Director. ute or regulation of any State or of the 10.22 Law enforcement offices. United States, including any applicable AUTHORITY: 16 U.S.C. 668a–d, 703–712, 742a–j– health, quarantine, agricultural, or l, 1361–1384, 1401–1407, 1531–1543, 3371–3378; 18 customs laws or regulations, or other U.S.C. 42; 19 U.S.C. 1202. Service enforced statutes or regula- SOURCE: 38 FR 22015, Aug. 15, 1973, unless tions. otherwise noted. § 10.4 When regulations apply. Subpart A—Introduction The regulations of this subchapter B shall apply to all matters arising after § 10.1 Purpose of regulations. the effective date of such regulations, The regulations of this Subchapter B with the following exceptions: are promulgated to implement the fol- (a) Civil penalty proceedings. Except as lowing statutes enforced by the U.S. otherwise provided in § 11.25, the civil Fish and Wildlife Service which regu- penalty assessment procedures con- late the taking, possession, transpor- tained in this subchapter B shall apply tation, sale, purchase, barter, expor- only to any proceeding instituted by tation, and importation of wildlife: notice of violation dated subsequent to Lacey Act, 18 U.S.C. 42. the effective date of these regulations, Lacey Act Amendments of 1981, 16 U.S.C. regardless of when the act or omission 3371–3378. which is the basis of a civil penalty Migratory Bird Treaty Act, 16 U.S.C. 703–712. proceeding occurred. Bald and Golden Eagle Protection Act, 16 (b) Permits. The regulations in this U.S.C. 668a–668d. subchapter B shall apply to any permit Endangered Species Act of 1973, 16 U.S.C. application received after the effective 1531–1543. date of the appropriate regulations in Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 15D, Headnote 2(d), this subchapter B and, insofar as ap- T.S.U.S.]. propriate, to any permit which is re- Fish and Wildlife Act of 1956, 16 U.S.C. 742a– newed after such effective date. 742j–l. [38 FR 22015, Aug. 15, 1973, as amended at 39 Marine Mammal Protection Act of 1972, 16 U.S.C. 1361–1384, 1401–1407. FR 1159, Jan. 4, 1974] [38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]

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Subpart B—Definitions ufactured product or in a processed food product. § 10.11 Scope of definitions. Director means the Director of the In addition and subject to definitions United States Fish and Wildlife Serv- contained in applicable statutes and ice, Department of the Interior, or his subsequent parts or sections of this authorized representative. subchapter B, words or their variants Endangered wildlife means any wild- shall have the meanings ascribed in life listed in § 17.11 or § 17.12 of this sub- this subpart. Throughout this subchapter. chapter B words in the singular form Fish means a member of any of the shall include the plural, words in the following classes: plural form shall include the singular, (1) Cyclostomata, including, but not and words in the masculine form shall limited to, hagfishes and lampreys; include the feminine. (2) Elasmobranchii, including but not limited to, sharks, skates, and rays; § 10.12 Definitions. and Aircraft means any contrivance used (3) Pisces, including but not limited for flight in the air. to trout, perch, bass, minnows, and Amphibians means a member of the catfish; including any part, product, class, Amphibia, including, but not egg, or offspring thereof, or the dead limited to, frogs, toads, and salaman- body or parts thereof (excluding fos- ders; including any part, product, egg, sils), whether or not included in a man- or offspring thereof, or the dead body ufactured product or in a processed or parts thereof (excluding fossils), food product. whether or not included in a manufac- Fish or wildlife means any wild ani- tured product or in a processed food mal, whether alive or dead, including product. without limitation any wild mammal, Animal means an organism of the ani- bird, reptile, amphibian, fish, mollusk, mal kingdom, as distinguished from crustacean, arthropod, coelenterate, or the plant kingdom; including any part, other invertebrate, whether or not product, egg, or offspring thereof, or bred, hatched, or born in captivity, and the dead body or parts thereof (exclud- including any part, product, egg, or off- ing fossils), whether or not included in spring thereof. a manufactured product or in a proc- Foreign commerce includes, among essed food product. other things, any transaction (1) be- Birds means a member of the class, tween persons within one foreign coun- Aves; including any part, product, egg, try, or (2) between persons in two or or offspring thereof, or the dead body more foreign countries, or (3) between or parts thereof (excluding fossils), a person within the United States and whether or not included in a manufac- a person in one or more foreign coun- tured product or in a processed food tries, or (4) between persons within the product. United States, where the fish or wild- Country of exportation means the last life in question are moving in any country from which the animal was ex- country or countries outside the ported before importation into the United States. United States. Fossil means the remains of an ani- Country of origin means the country mal of past geological ages which has where the animal was taken from the been preserved in the earth’s crust wild, or the country of natal origin of through mineralization of the object. the animal. Import means to land on, bring into, Crustacean means a member of the or introduce into, or attempt to land class, Crustacea, including but not lim- on, bring into, or introduce into any ited to, crayfish, lobsters, shrimps, place subject to the jurisdiction of the crabs, barnacles, and some terrestrial United States, whether or not such forms; including any part, product, landing, bringing, or introduction con- egg, or offspring thereof, or the dead stitutes an importation within the body or parts thereof (excluding fos- meaning of the tariff laws of the sils), whether or not included in a man- United States.

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Injurious Wildlife means any wildlife possessing and that condition of facts for which a permit is required under under which one can exercise his power subpart B of part 16 of this subchapter over a corporeal thing at his pleasure before being imported into or shipped to the exclusion of all other persons. between the continental United States, Possession includes constructive pos- the District of Columbia, Hawaii, the session which means not actual but as- Commonwealth of Puerto Rico, or any sumed to exist, where one claims to possession of the United States. hold by virtue of some title, without Mammal means a member of the having actual custody. class, Mammalia; including any part, Public as used in referring to muse- product, egg, or offspring, or the dead ums, zoological parks, and scientific or body or parts thereof (excluding fos- educational institutions, refers to such sils), whether or not included in a man- as are open to the general public and ufactured product or in a processed are either established, maintained, and food product. operated as a governmental service or Migratory bird means any bird, what- are privately endowed and organized ever its origin and whether or not but not operated for profit. raised in captivity, which belongs to a Reptile means a member of the class, species listed in § 10.13, or which is a Reptilia, including but not limited to, mutation or a hybrid of any such spe- turtles, snakes, lizards, crocodiles, and cies, including any part, nest, or egg of alligators; including any part, product, any such bird, or any product, whether egg, or offspring thereof, or the dead or not manufactured, which consists, body or parts thereof, whether or not or is composed in whole or part, of any included in a manufactured product or such bird or any part, nest, or egg in a processed food product. thereof. Secretary means the Secretary of the Migratory game birds: See § 20.11 of Interior or his authorized representa- this subchapter. tive. Mollusk means a member of the phy- Service means the United States Fish lum, Mollusca, including but not lim- and Wildlife Service, Department of ited to, snails, mussels, clams, oysters, the Interior. scallops, abalone, squid, and octopuses; Shellfish means an aquatic inverte- including any part, product, egg, or off- brate animal having a shell, including, spring thereof, or the dead body or but not limited to, (a) an oyster, clam, parts thereof (excluding fossils), wheth- or other mollusk; and (b) a lobster or er or not included in a manufactured other crustacean; or any part, product, product or in a processed food product. egg, or offspring thereof, or the dead Permit means any document des- body or parts thereof (excluding fos- ignated as a ‘‘permit,’’ ‘‘license,’’ ‘‘cer- sils), whether or not included in a man- tificate,’’ or any other document issued ufactured product or in a processed by the Service to authorize, limit, or food product. describe activity and signed by an au- State means any State of the United thorized official of the Service. States, the District of Columbia, the Person means any individual, firm, Commonwealth of Puerto Rico, Amer- corporation, association, partnership, ican Samoa, the Virgin Islands, and club, or private body, any one or all, as Guam. the context requires. Take means to pursue, hunt, shoot, Plant means any member of the plant wound, kill, trap, capture, or collect, kingdom, including seeds, roots and or attempt to pursue, hunt, shoot, other parts thereof. wound, kill, trap, capture, or collect. Possession means the detention and (With reference to marine mammals, control, or the manual or ideal custody see Part 18 of this subchapter.) of anything which may be the subject Transportation means to ship, convey, of property, for one’s use and enjoy- carry or transport by any means what- ment, either as owner or as the propri- ever, and deliver or receive for such etor of a qualified right in it, and ei- shipment, conveyance, carriage, or ther held personally or by another who transportation. exercises it in one’s place and name. United States means the several Possession includes the act or state of States of the United States of America,

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District of Columbia, Commonwealth chapter, cover most aspects of the tak- of Puerto Rico, American Samoa, U.S. ing, possession, transportation, sale, Virgin Islands, Guam, Commonwealth purchase, barter, exportation, and im- of the Northern Mariana Islands, Baker portation of migratory birds. Island, Howland Island, Jarvis Island, (c) What species are protected as migra- Johnston Atoll, Kingman Reef, Midway tory birds? Species protected as migra- Atoll, Navassa Island, Palmyra Atoll, tory birds are listed in two formats to and Wake Atoll, and any other terri- suit the varying needs of the user: Al- tory or possession under the jurisdic- phabetically in paragraph (c)(1) of this tion of the United States. section and taxonomically in para- Whoever means the same as person. graph (c)(2) of this section. Taxonomy Wildlife means the same as fish or and nomenclature generally follow the wildlife. 7th edition of the American Ornitholo- [38 FR 22015, Aug. 15, 1973, as amended at 42 gists’ Union’s Check-list of North Amer- FR 32377, June 24, 1977; 42 FR 59358, Nov. 16, ican birds (1998, as amended through 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, 2010). For species not treated by the Dec. 26, 1985; 72 FR 48445, Aug. 23, 2007] AOU Check-list, we generally follow The Clements Checklist of Birds of the World § 10.13 List of Migratory Birds. (Clements 2007). (a) Legal authority for this list. The (1) Alphabetical listing. Species are legal authorities for this list are the listed alphabetically by common Migratory Bird Treaty Act (MBTA; 16 (English) group names, with the sci- U.S.C. 703–712), the Fish and Wildlife entific name of each species following Improvement Act of 1978 (16 U.S.C. the common name. 742l), and the Fish and Wildlife Act of ACCENTOR, Siberian, Prunella montanella 1956 (16 U.S.C. 742a–742j). The MBTA AKEKEE, Loxops caeruleirostris implements Conventions between the AKEPA, Loxops coccineus United States and four neighboring AKIALOA, Greater, Hemignathus ellisianus countries for the protection of migra- AKIAPOLAAU, Hemignathus munroi tory birds, as follows: AKIKIKI, Oreomystis bairdi (1) Canada: Convention between the AKOHEKOHE, Palmeria dolei ALAUAHIO, Maui, Paroreomyza montana United States and Great Britain [on be- Oahu, Paroreomyza maculata half of Canada] for the Protection of ALBATROSS, Black-browed, Thalassarche Migratory Birds, August 16, 1916, 39 melanophris Stat. 1702 (T.S. No. 628), as amended; Black-footed, Phoebastria nigripes (2) Mexico: Convention between the Laysan, Phoebastria immutabilis United States and Mexico for the Pro- Light-mantled, Phoebetria palpebrata tection of Migratory Birds and Game Short-tailed, Phoebastria albatrus Shy, Thalassarche cauta Mammals, February 7, 1936, 50 Stat. Wandering, Diomedea exulans 1311 (T.S. No. 912), as amended; Yellow-nosed, Thalassarche chlororhynchos (3) Japan: Convention between the AMAKIHI, Hawaii, Hemignathus virens Government of the United States of Kauai, Hemignathus kauaiensis America and the Government of Japan Oahu, Hemignathus flavus for the Protection of Migratory Birds ANHINGA, Anhinga anhinga and Birds in Danger of Extinction, and ANI, Groove-billed, Crotophaga sulcirostris Their Environment, March 4, 1972, 25 Smooth-billed, Crotophaga ani ANIANIAU, Magumma parva U.S.T. 3329 (T.I.A.S. No. 7990); and APAPANE, Himatione sanguinea (4) Russia: Convention between the AUKLET, Cassin’s, Ptychoramphus aleuticus United States of America and the Crested, Aethia cristatella Union of Soviet Socialist Republics Least, Aethia pusilla Concerning the Conservation of Migra- Parakeet, Aethia psittacula tory Birds and Their Environment, No- Rhinoceros, Cerorhinca monocerata vember 19, 1976, 20 U.S.T. 4647 (T.I.A.S. Whiskered, Aethia pygmaea No. 9073). AVOCET, American, Recurvirostra americana (b) Purpose of this list. The purpose is BEAN-GOOSE, Taiga, Anser fabalis Tundra, Anser serrirostris to inform the public of the species pro- BEARDLESS–TYRANNULET, Northern, tected by regulations that enforce the Camptostoma imberbe terms of the MBTA. These regulations, BECARD, Rose-throated, Pachyramphus found in parts 10, 20, and 21 of this aglaiae

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BITTERN, American, Botaurus lentiginosus CHUCK–WILL’S–WIDOW, Caprimulgus Black, Ixobrychus flavicollis carolinensis Least, Ixobrychus exilis CONDOR, California, Gymnogyps Schrenck’s, Ixobrychus eurhythmus californianus Yellow, Ixobrychus sinensis COOT, American, Fulica americana BLACK–HAWK, Common, Buteogallus Caribbean, Fulica caribaea anthracinus Eurasian, Fulica atra BLACKBIRD, Brewer’s, Euphagus Hawaiian, Fulica alai cyanocephalus CORMORANT, Brandt’s, Phalacrocorax Red-winged, Agelaius phoeniceus penicillatus Rusty, Euphagus carolinus Double-crested, Phalacrocorax auritus Tawny-shouldered, Agelaius humeralis Great, Phalacrocorax carbo Tricolored, Agelaius tricolor Little Pied, Phalacrocorax melanoleucos Yellow-headed, Xanthocephalus Neotropic, Phalacrocorax brasilianus xanthocephalus Pelagic, Phalacrocorax pelagicus Yellow-shouldered, Agelaius xanthomus Red-faced, Phalacrocorax urile BLUEBIRD, Eastern, Sialia sialis COWBIRD, Bronzed, Molothrus aeneus Mountain, Sialia currucoides Brown-headed, Molothrus ater Western, Sialia mexicana Shiny, Molothrus bonariensis BLUETAIL, Red-flanked, Tarsiger cyanurus CRAKE, Corn, Crex crex BLUETHROAT, Luscinia svecica Paint-billed, Neocrex erythrops Spotless, Porzana tabuensis BOBOLINK, Dolichonyx oryzivorus Yellow-breasted, Porzana flaviventer BOOBY, Blue-footed, Sula nebouxii CRANE, Common, Grus grus Brown, Sula leucogaster Sandhill, Grus canadensis Masked, Sula dactylatra Whooping, Grus americana Red-footed, Sula sula CREEPER, Brown, Certhia americana BRAMBLING, Fringilla montifringilla Hawaii, Oreomystis mana BRANT, Branta bernicla CROSSBILL, Red, Loxia curvirostra BUFFLEHEAD, Bucephala albeola White-winged, Loxia leucoptera BULLFINCH, Eurasian, Pyrrhula pyrrhula CROW, American, Corvus brachyrhynchos Puerto Rican, Loxigilla portoricensis Fish, Corvus ossifragus BUNTING, Blue, Cyanocompsa parellina Hawaiian, Corvus hawaiiensis Gray, Emberiza variabilis Mariana, Corvus kubaryi Indigo, Passerina cyanea Northwestern, Corvus caurinus Little, Emberiza pusilla Tamaulipas, Corvus imparatus Lark, Calamospiza melanocorys White-necked, Corvus leucognaphalus Lazuli, Passerina amoena CUCKOO, Black-billed, Coccyzus McKay’s, Plectrophenax hyperboreus erythropthalmus Painted, Passerina ciris Common, Cuculus canorus Pallas’s, Emberiza pallasi Mangrove, Coccyzus minor Pine, Emberiza leucocephalos Oriental, Cuculus optatus Reed, Emberiza schoeniclus Yellow-billed, Coccyzus americanus Rustic, Emberiza rustica CURLEW, Bristle-thighed, Numenius Snow, Plectrophenax nivalis tahitiensis Varied, Passerina versicolor Eskimo, Numenius borealis Yellow-breasted, Emberiza aureola Eurasian, Numenius arquata Yellow-browed, Emberiza chrysophrys Far Eastern, Numenius madagascariensis Yellow-throated, Emberiza elegans Little, Numenius minutus BUSHTIT, Psaltriparus minimus Long-billed, Numenius americanus CANVASBACK, Aythya valisineria DICKCISSEL, Spiza americana CARACARA, Crested, Caracara cheriway DIPPER, American, Cinclus mexicanus CARDINAL, Northern, Cardinalis cardinalis DOTTEREL, Eurasian, Charadrius morinellus CARIB, Green-throated, Eulampis holosericeus DOVE, Inca, Columbina inca Purple-throated, Eulampis jugularis Mourning, Zenaida macroura CATBIRD, Black, Melanoptila glabrirostris White-tipped, Leptotila verreauxi Gray, Dumetella carolinensis White-winged, Zenaida asiatica CHAFFINCH, Common, Fringilla coelebs Zenaida, Zenaida aurita CHAT, Yellow-breasted, Icteria virens DOVEKIE, Alle alle CHICKADEE, Black-capped, Poecile DOWITCHER, Long-billed, Limnodromus atricapillus scolopaceus Boreal, Poecile hudsonicus Short-billed, Limnodromus griseus Carolina, Poecile carolinensis DUCK, American Black, Anas rubripes Chestnut-backed, Poecile rufescens Eastern Spot-billed, Anas zonorhyncha Gray-headed, Poecile cinctus Falcated, Anas falcata Mexican, Poecile sclateri Harlequin, Histrionicus histrionicus Mountain, Poecile gambeli Hawaiian, Anas wyvilliana

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Laysan, Anas laysanensis Pacific-slope, Empidonax difficilis Long-tailed, Clangula hyemalis Piratic, Legatus leucophalus Masked, Nomonyx dominicus Puerto Rican, Myiarchus antillarum Mottled, Anas fulvigula Scissor-tailed, Tyrannus forficatus Muscovy, Cairina moschata Social, Myiozetetes similis Pacific Black, Anas superciliosa Spotted, Muscicapa striata Ring-necked, Aythya collaris Sulphur-bellied, Myiodynastes luteiventris Ruddy, Oxyura jamaicensis Taiga, Ficedula albicilla Tufted, Aythya fuligula Tufted, Mitrephanes phaeocercus Wood, Aix sponsa Variegated, Empidonomus varius DUNLIN, Calidris alpina Vermilion, Pyrocephalus rubinus EAGLE, Bald, Haliaeetus leucocephalus Willow, Empidonax traillii Golden, Aquila chrysaetos Yellow-bellied, Empidonax flaviventris White-tailed, Haliaeetus albicilla FOREST-FALCON, Collared, Micrastur EGRET, Cattle, Bubulcus ibis semitorquatus Chinese, Egretta eulophotes FRIGATEBIRD, Great, Fregata minor Great, Ardea alba Lesser, Fregata ariel Intermediate, Mesophoyx intermedia Magnificent, Fregata magnificens Little, Egretta garzetta FROG–HAWK, Gray, Accipiter soloensis Reddish, Egretta rufescens FRUIT–DOVE, Crimson-crowned, Ptilinopus Snowy, Egretta thula porphyraceus EIDER, Common, Somateria mollissima Many-colored, Ptilinopus perousii King, Somateria spectabilis Mariana, Ptilinopus roseicapilla Spectacled, Somateria fischeri FULMAR, Northern, Fulmarus glacialis Steller’s, Polysticta stelleri GADWALL, Anas strepera ELAENIA, Caribbean, Elaenia martinica GALLINULE, Azure, Porphyrio flavirostris Greenish, Myiopagis viridicata Purple, Porphyrio martinica White-crested, Elaenia albiceps GANNET, Northern, Morus bassanus EMERALD, Puerto Rican, Chlorostilbon GARGANEY, Anas querquedula maugaeus GNATCATCHER, Black-capped, Polioptila EUPHONIA, Antillean, Euphonia musica nigriceps FALCON, Aplomado, Falco femoralis Black-tailed, Polioptila melanura Peregrine, Falco peregrinus Blue-gray, Polioptila caerulea Prairie, Falco mexicanus California, Polioptila californica Red-footed, Flaco vespertinus GODWIT, Bar-tailed, Limosa lapponica FIELDFARE, Turdus pilaris Black-tailed, Limosa limosa FINCH, Cassin’s, Carpodacus cassinii Hudsonian, Limosa haemastica House, Carpodacus mexicanus Marbled, Limosa fedoa Laysan, Telespiza cantans GOLDEN-PLOVER, American, Pluvialis domi- Nihoa, Telespiza ultima nica Purple, Carpodacus purpureus European, Pluvialis apricaria FLAMINGO, American, Phoenicopterus ruber Pacific, Pluvialis fulva FLICKER, Gilded, Colaptes chrysoides GOLDENEYE, Barrow’s, Bucephala islandica Northern, Colaptes auratus Common, Bucephala clangula FLYCATCHER, Acadian, Empidonax virescens GOLDFINCH, American, Spinus tristis Alder, Empidonax alnorum Lawrence’s, Spinus lawrencei Ash-throated, Myiarchus cinerascens Lesser, Spinus psaltria Asian Brown, Muscicapa dauurica GOOSE, Barnacle, Branta leucopsis Brown-crested, Myiarchus tyrannulus Canada, Branta canadensis (including Cack- Buff-breasted, Empidonax fulvifrons ling Goose, Branta hutchinsii) Cordilleran, Empidonax occidentalis Emperor, Chen canagica Crowned Slaty, Empidonomus Greater White-fronted, Anser albifrons aurantioatrocristatus Hawaiian, Branta sandvicensis Dark-sided, Muscicapa sibirica Lesser White-fronted, Anser erythropus Dusky, Empidonax oberholseri Ross’s, Chen rossii Dusky-capped, Myiarchus tuberculifer Snow, Chen caerulescens Fork-tailed, Tyrannus savana GOSHAWK, Northern, Accipiter gentilis Gray, Empidonax wrightii GRACKLE, Boat-tailed, Quiscalus major Gray-streaked, Muscicapa griseisticta Common, Quiscalus quiscula Great Crested, Myiarchus crinitus Great-tailed, Quiscalus mexicanus Hammond’s, Empidonax hammondii Greater Antillean, Quiscalus niger La Sagra’s, Myiarchus sagrae GRASSHOPPER-WARBLER, Middendorff’s, Least, Empidonax minimus Locustella ochotensis Mugimaki, Ficedula mugimaki GRASSQUIT, Black-faced, Tiaris bicolor Narcissus, Ficedula narcissina Yellow-faced, Tiaris olivaceus Nutting’s, Myiarchus nuttingi GREBE, Clark’s, Aechmophorus clarkii Olive-sided, Contopus cooperi Eared, Podiceps nigricollis

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Horned, Podiceps auritus Swainson’s, Buteo swainsoni Least, Tachybaptus dominicus White-tailed, Buteo albicaudatus Pied-billed, Podilymbus podiceps Zone-tailed, Buteo albonotatus Red-necked, Podiceps grisegena HAWK-CUCKOO, Hodgson’s, Cuculus fugax Western, Aechmophorus occidentalis HAWK-OWL, Brown, Ninox scutulata GREENFINCH, Oriental, Chloris sinica HERON, Gray, Ardea cinerea GREENSHANK, Common, Tringa nebularia Great Blue, Ardea herodias Nordmann’s, Tringa guttifer Green, Butorides virescens GROSBEAK, Black-headed, Pheucticus Little Blue, Egretta caerulea melanocephalus Tricolored, Egretta tricolor Blue, Passerina caerulea HOBBY, Eurasian, Falco subbuteo Crimson-collared, Rhodothraupis celaeno HOOPOE, Eurasian, Upupa epops Evening, Coccothraustes vespertinus HOUSE-MARTIN, Common, Delichon urbicum Pine, Pinicola enucleator HUMMINGBIRD, Allen’s, Selasphorus sasin Rose-breasted, Pheucticus ludovicianus Anna’s, Calypte anna Yellow, Pheucticus chrysopeplus Antillean Crested, Orthorhyncus cristatus GROUND-DOVE, Common, Columbina Berylline, Amazilia beryllina passerina Black-chinned, Archilochus alexandri Friendly, Gallicolumba stairi Blue-throated, Lampornis clemenciae Ruddy, Columbina talpacoti Broad-billed, Cynanthus latirostris White-throated, Gallicolumba xanthonura Broad-tailed, Selasphorus platycercus GUILLEMOT, Black, Cepphus grylle Buff-bellied, Amazilia yucatanensis Pigeon, Cepphus columba Bumblebee, Atthis heloisa GULL, Belcher’s, Larus belcheri Calliope, Stellula calliope Black-headed, Chroicocephalus ridibundus Cinnamon, Amazilia rutila Black-tailed, Larus crassirostris Costa’s, Calypte costae Bonaparte’s, Chroicocephalus philadelphia Lucifer, Calothorax lucifer California, Larus californicus Magnificent, Eugenes fulgens Franklin’s, Leucophaeus pipixcan Ruby-throated, Archilochus colubris Glaucous, Larus hyperboreus Rufous, Selasphorus rufus Glaucous-winged, Larus glaucescens Violet-crowned, Amazilia violiceps Gray-hooded, Chroicocephalus cirrocephalus White-eared, Hylocharis leucotis Great Black-backed, Larus marinus Xantus’s, Hylocharis xantusii Heermann’s, Larus heermanni IBIS, Glossy, Plegadis falcinellus Herring, Larus argentatus Scarlet, Eudocimus ruber Iceland, Larus glaucoides White, Eudocimus albus Ivory, Pagophila eburnea White-faced, Plegadis chihi Kelp, Larus dominicanus IIWI, Vestiaria coccinea Laughing, Leucophaeus atricilla IMPERIAL-PIGEON, Pacific, Ducula pacifica Lesser Black-backed, Larus fuscus JABIRU, Jabiru mycteria Little, Hydrocoloeus minutus JACANA, Northern, Jacana spinosa Mew, Larus canus JAEGER, Long-tailed, Stercorarius Ring-billed, Larus delawarensis longicaudus Ross’s, Rhodostethia rosea Parasitic, Stercorarius parasiticus Sabine’s, Xema sabini Pomarine, Stercorarius pomarinus Slaty-backed, Larus schistisagus JAY, Blue, Cyanocitta cristata Swallow-tailed, Creagrus furcatus Brown, Psilorhinus morio Thayer’s, Larus thayeri Gray, Perisoreus canadensis Western, Larus occidentalis Green, Cyanocorax yncas Yellow-footed, Larus livens Mexican, Aphelocoma ultramarina Yellow-legged, Larus michahellis Pinyon, Gymnorhinus cyanocephalus GYRFALCON, Falco rusticolus Steller’s, Cyanocitta stelleri HARRIER, Northern, Circus cyaneus JUNCO, Dark-eyed, Junco hyemalis HAWFINCH, Coccothraustes coccothraustes Yellow-eyed, Junco phaeonotus HAWK, Broad-winged, Buteo platypterus KAKAWAHIE, Paroreomyza flammea Cooper’s, Accipiter cooperii KAMAO, Myadestes myadestinus Crane, Geranospiza caerulescens KESTREL, American, Falco sparverius Ferruginous, Buteo regalis Eurasian, Falco tinnunculus Gray, Buteo nitidus KILLDEER, Charadrius vociferus Harris’s, Parabuteo unicinctus KINGBIRD, Cassin’s, Tyrannus vociferans Hawaiian, Buteo solitarius Couch’s, Tyrannus couchii Red-shouldered, Buteo lineatus Eastern, Tyrannus tyrannus Red-tailed, Buteo jamaicensis Gray, Tyrannus dominicensis Roadside, Buteo magnirostris Loggerhead, Tyrannus caudifasciatus Rough-legged, Buteo lagopus Thick-billed, Tyrannus crassirostris Sharp-shinned, Accipiter striatus Tropical, Tyrannus melancholicus Short-tailed, Buteo brachyurus Western, Tyrannus verticalis

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KINGFISHER, Belted, Megaceryle alcyon Xantus’s, Synthliboramphus hypoleucus Collared, Todirhamphus chloris NEEDLETAIL, White-throated, Hirundapus Green, Chloroceryle americana caudacutus Micronesian, Todirhamphus cinnamominus NIGHT-HERON, Black-crowned, Nycticorax Ringed, Megaceryle torquata nycticorax KINGLET, Golden-crowned, Regulus satrapa Japanese, Gorsachius goisagi Ruby-crowned, Regulus calendula Malayan, Gorsachius melanolophus KISKADEE, Great, Pitangus sulphuratus Yellow-crowned, Nyctanassa violacea KITE, Black, Milvus migrans NIGHTHAWK, Antillean, Chordeiles Hook-billed, Chondrohierax uncinatus gundlachii Mississippi, Ictinia mississippiensis Common, Chordeiles minor Snail, Rostrhamus sociabilis Lesser, Chordeiles acutipennis Swallow-tailed, Elanoides forficatus NIGHTINGALE-THRUSH, Black-headed, White-tailed, Elanus leucurus Catharus mexicanus KITTIWAKE, Black-legged, Rissa tridactyla Orange-billed, Catharus aurantiirostris Red-legged, Rissa brevirostris NIGHTJAR, Buff-collared, Caprimulgus KNOT, Great, Calidris tenuirostris ridgwayi Red, Calidris canutus Gray, Caprimulgus indicus LAPWING, Northern, Vanellus vanellus Puerto Rican, Caprimulgus noctitherus LARK, Horned, Eremophila alpestris NODDY, Black, Anous minutus Sky, Alauda arvensis Blue-gray, Procelsterna cerulea LEAF-WARBLER, Pallas’s, Phylloscopus Brown, Anous stolidus proregulus NUKUPUU, Hemignathus lucidus LIMPKIN, Aramus guarauna NUTCRACKER, Clark’s, Nucifraga LIZARD-CUCKOO, Puerto Rican, Coccyzus columbiana vieilloti NUTHATCH, Brown-headed, Sitta pusilla LONGSPUR, Chestnut-collared, Calcarius Pygmy, Sitta pygmaea ornatus Red-breasted, Sitta canadensis Lapland, Calcarius lapponicus White-breasted, Sitta carolinensis McCown’s, Rhynchophanes mccownii OLOMAO, Myadestes lanaiensis Smith’s, Calcarius pictus OMAO, Myadestes obscurus LOON, Arctic, Gavia arctica ORIOLE, Altamira, Icterus gularis Common, Gavia immer Audubon’s, Icterus graduacauda Pacific, Gavia pacifica Baltimore, Icterus galbula Red-throated, Gavia stellata Black-vented, Icterus wagleri Yellow-billed, Gavia adamsii Bullock’s, Icterus bullockii MAGPIE, Black-billed, Pica hudsonia Hooded, Icterus cucullatus Yellow-billed, Pica nuttalli Orchard, Icterus spurius MALLARD, Anas platyrhynchos Puerto Rican, Icterus portoricensis MANGO, Antillean, Anthracothorax dominicus Scott’s, Icterus parisorum Green, Anthracothorax viridis Streak-backed, Icterus pustulatus Green-breasted, Anthracothorax prevostii OSPREY, Pandion haliaetus MARTIN, Brown-chested, Progne tapera OU, Psittirostra psittacea Caribbean, Progne dominicensis OVENBIRD, Seiurus aurocapilla Cuban, Progne cryptoleuca OWL, Barn, Tyto alba Gray-breasted, Progne chalybea Barred, Strix varia Purple, Progne subis Boreal, Aegolius funereus Southern, Progne elegans Burrowing, Athene cunicularia MEADOWLARK, Eastern, Sturnella magna Elf, Micrathene whitneyi Western, Sturnella neglecta Flammulated, Otus flammeolus MERGANSER, Common, Mergus merganser Great Gray, Strix nebulosa Hooded, Lophodytes cucullatus Great Horned, Bubo virginianus Red-breasted, Mergus serrator Long-eared, Asio otus MERLIN, Falco columbarius Mottled, Ciccaba virgata MILLERBIRD, Acrocephalus familiaris Northern Hawk, Surnia ulula MOCKINGBIRD, Bahama, Mimus gundlachii Northern Saw-whet, Aegolius acadicus Blue, Melanotis caerulescens Short-eared, Asio flammeus Northern, Mimus polyglottos Snowy, Bubo scandiacus MOORHEN, Common, Gallinula chloropus Spotted, Strix occidentalis MURRE, Common, Uria aalge Stygian, Asio stygius Thick-billed, Uria lomvia OYSTERCATCHER, American, Haematopus MURRELET, Ancient, Synthliboramphus palliatus antiquus Black, Haematopus bachmani Craveri’s, Synthliboramphus craveri Eurasian, Haematopus ostralegus Kittlitz’s, Brachyramphus brevirostris PALILA, Loxioides bailleui Long-billed, Brachyramphus perdix PALM-SWIFT, Antillean, Tachornis Marbled, Brachyramphus marmoratus phoenicobia

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PARROTBILL, Maui, Pseudonestor PUAIOHI, Myadestes palmeri xanthophrys PUFFIN, Atlantic, Fratercula arctica PARULA, Northern, Parula americana Horned, Fratercula corniculata Tropical, Parula pitiayumi Tufted, Fratercula cirrhata PAURAQUE, Common, Nyctidromus albicollis PYGMY–OWL, Ferruginous, Glaucidium PELICAN, American White, Pelecanus brasilianum erythrorhynchos Northern, Glaucidium gnoma Brown, Pelecanus occidentalis PYRRHULOXIA, Cardinalis sinuatus PETREL, Bermuda, Pterodroma cahow QUAIL–DOVE, Bridled, Geotrygon mystacea Black-capped, Pterodroma hasitata Key West, Geotrygon chrysia Black-winged, Pterodroma nigripennis Ruddy, Geotrygon montana Bonin, Pterodroma hypoleuca QUETZEL, Eared, Euptilotis neoxenus Bulwer’s, Bulweria bulwerii RAIL, Black, Laterallus jamaicensis Cook’s, Pterodroma cookii Buff-banded, Gallirallus philippensis Gould’s, Pterodroma leucoptera Clapper, Rallus longirostris Great-winged, Pterodroma macroptera Guam, Gallirallus owstoni Hawaiian, Pterodroma sandwichensis King, Rallus elegans Herald, Pterodroma arminjoniana Spotted, Pardirallus maculatus Jouanin’s, Bulweria fallax Virginia, Rallus limicola Juan Fernandez, Pterodroma externa Yellow, Coturnicops noveboracensis Kermadec, Pterodroma neglecta RAVEN, Chihuahuan, Corvus cryptoleucus Mottled, Pterodroma inexpectata Common, Corvus corax Murphy’s, Pterodroma ultima RAZORBILL, Alca torda Parkinson’s, Procellaria parkinsoni REDHEAD, Aythya americana Phoenix, Pterodroma alba REDPOLL, Common, Acanthis flammea Stejneger’s, Pterodroma longirostris Hoary, Acanthis hornemanni Tahiti, Pterodroma rostrata REDSHANK, Spotted, Tringa erythropus White-necked, Pterodroma cervicalis REDSTART, American, Setophaga ruticilla PEWEE, Cuban, Contopus caribaeus Painted, Myioborus pictus Greater, Contopus pertinax Slate-throated, Myioborus miniatus Hispaniolan, Contopus hispaniolensis REED–WARBLER, Nightingale, Acrocephalus Lesser Antillean, Contopus latirostris luscinia PHAINOPEPLA, Phainopepla nitens REEF–EGRET, Pacific, Egretta sacra PHALAROPE, Red, Phalaropus fulicarius REEF–HERON, Western, Egretta gularis Red-necked, Phalaropus lobatus ROADRUNNER, Greater, Geococcyx Wilson’s, Phalaropus tricolor californianus PHOEBE, Black, Sayornis nigricans ROBIN, American, Turdus migratorius Eastern, Sayornis phoebe Rufous-backed, Turdus rufopalliatus Say’s, Sayornis saya Rufous-tailed, Luscinia sibilans PIGEON, Band-tailed, Patagioenas fasciata Siberian Blue, Luscinia cyane Plain, Patagioenas inornata ROCK–THRUSH, Blue, Monticola solitarius Red-billed, Patagioenas flavirostris ROSEFINCH, Common, Carpodacus Scaly-naped, Patagioenas squamosa erythrinus White-crowned, Patagioenas leucocephala ROSY–FINCH, Black, Leucosticte atrata PINTAIL, Northern, Anas acuta Brown-capped, Leucosticte australis White-cheeked, Anas bahamensis Gray-crowned, Leucosticte tephrocotis PIPIT, American, Anthus rubescens RUBYTHROAT, Siberian, Luscinia calliope Olive-backed, Anthus hodgsoni RUFF, Philomachus pugnax Pechora, Anthus gustavi SANDERLING, Calidris alba Red-throated, Anthus cervinus SANDPIPER, Baird’s, Calidris bairdii Sprague’s, Anthus spragueii Broad-billed, Limicola falcinellus Tree, Anthus trivialis Buff-breasted, Tryngites subruficollis PLOVER, Black-bellied, Pluvialis squatarola Common, Actitis hypoleucos Collared, Charadrius collaris Curlew, Calidris ferruginea Common Ringed, Charadrius hiaticula Green, Tringa ochropus Little Ringed, Charadrius dubius Least, Calidris minutilla Mountain, Charadrius montanus Marsh, Tringa stagnatilis Piping, Charadrius melodus Pectoral, Calidris melanotos Semipalmated, Charadrius semipalmatus Purple, Calidris maritima Snowy, Charadrius alexandrinus Rock, Calidris ptilocnemis Wilson’s, Charadrius wilsonia Semipalmated, Calidris pusilla POCHARD, Baer’s, Aythya baeri Sharp-tailed, Calidris acuminata Common, Aythya ferina Solitary, Tringa solitaria POND–HERON, Chinese, Ardeola bacchus Spoon-billed, Eurynorhynchus pygmeus POORWILL, Common, Phalaenoptilus Spotted, Actitis macularius nuttallii Stilt, Calidris himantopus POO–ULI, Melamprosops phaeosoma Terek, Xenus cinereus

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Upland, Bartramia longicauda Bachman’s, Peucaea aestivalis Western, Calidris mauri Baird’s, Ammodramus bairdii White-rumped, Calidris fuscicollis Black-chinned, Spizella atrogularis Wood, Tringa glareola Black-throated, Amphispiza bilineata SAND–PLOVER, Greater, Charadrius Botteri’s, Peucaea botterii leschenaultii Brewer’s, Spizella breweri Lesser, Charadrius mongolus Cassin’s, Peucaea cassinii SAPSUCKER, Red-breasted, Sphyrapicus Chipping, Spizella passerina ruber Clay-colored, Spizella pallida Red-naped, Sphyrapicus nuchalis Field, Spizella pusilla Williamson’s, Sphyrapicus thyroideus Five-striped, Amphispiza quinquestriata Yellow-bellied, Sphyrapicus varius Fox, Passerella iliaca SCAUP, Greater, Aythya marila Golden-crowned, Zonotrichia atricapilla Lesser, Aythya affinis Grasshopper, Ammodramus savannarum SCOPS-OWL, Oriental, Otus sunia Harris’s, Zonotrichia querula SCOTER, Black, Melanitta americana Henslow’s, Ammodramus henslowii Surf, Melanitta perspicillata Lark, Chondestes grammacus White-winged, Melanitta fusca Le Conte’s, Ammodramus leconteii SCREECH-OWL, Eastern, Megascops asio Lincoln’s, Melospiza lincolnii Puerto Rican, Megascops nudipes Nelson’s, Ammodramus nelsoni Western, Megascops kennicottii Olive, Arremonops rufivirgatus Whiskered, Megascops trichopsis Rufous-crowned, Aimophila ruficeps SCRUB-JAY, Florida, Aphelocoma Rufous-winged, Peucaea carpalis coerulescens Sage, Amphispiza belli Island, Aphelocoma insularis Saltmarsh, Ammodramus caudacutus Western, Aphelocoma californica Savannah, Passerculus sandwichensis SEA-EAGLE, Steller’s, Haliaeetus pelagicus Seaside, Ammodramus maritimus SEEDEATER, White-collared, Sporophila Song, Melospiza melodia torqueola Swamp, Melospiza georgiana SHEARWATER, Audubon’s, Puffinus Vesper, Pooecetes gramineus lherminieri White-crowned, Zonotrichia leucophrys Black-vented, Puffinus opisthomelas White-throated, Zonotrichia albicollis Buller’s, Puffinus bulleri Worthen’s, Spizella wortheni Cape Verde, Calonectris edwardsii SPARROWHAWK, Japanese, Accipiter gularis Christmas, Puffinus nativitatis SPINDALIS, Puerto Rican, Spindalis Cory’s, Calonectris diomedea portoricensis Flesh-footed, Puffinus carneipes Western, Spindalis zena Great, Puffinus gravis SPOONBILL, Roseate, Platalea ajaja Little, Puffinus assimilis STARLING, Chestnut-cheeked, Sturnus Manx, Puffinus puffinus philippensis Pink-footed, Puffinus creatopus White-cheeked, Sturnus cineraceus Short-tailed, Puffinus tenuirostris STARTHROAT, Plain-capped, Heliomaster Sooty, Puffinus griseus constantii Streaked, Calonectris leucomelas STILT, Black-necked, Himantopus mexicanus Townsend’s, Puffinus auricularis Black-winged, Himantopus himantopus Wedge-tailed, Puffinus pacificus STINT, Little, Calidris minuta SHOVELER, Northern, Anas clypeata Long-toed, Calidris subminuta SHRIKE, Brown, Lanius cristatus Red-necked, Calidris ruficollis Loggerhead, Lanius ludovicianus Temminck’s, Calidris temminckii Northern, Lanius excubitor STONECHAT, Saxicola torquatus SILKY-FLYCATCHER, Gray, Ptilogonys STORK, Wood, Mycteria americana cinereus STORM-PETREL, Ashy, Oceanodroma SISKIN, Eurasian, Spinus spinus homochroa Pine, Spinus pinus Band-rumped, Oceanodroma castro SKIMMER, Black, Rynchops niger Black, Oceanodroma melania SKUA, Great, Stercorarius skua Black-bellied, Fregetta tropica South Polar, Stercorarius maccormicki Fork-tailed, Oceanodroma furcata SMEW, Mergellus albellus Leach’s, Oceanodroma leucorhoa SNIPE, Common, Gallinago gallinago Least, Oceanodroma microsoma Jack, Lymnocryptes minimus Matsudaira’s, Oceanodroma matsudairae Pin-tailed, Gallinago stenura Polynesian, Nesofregetta fuliginosa Swinhoe’s, Gallinago megala Ringed, Oceanodroma hornbyi Wilson’s, Gallinago delicata Swinhoe’s, Oceanodroma monorhis SOLITAIRE, Townsend’s, Myadestes Tristram’s, Oceanodroma tristrami townsendi Wedge-rumped, Oceanodroma tethys SORA, Porzana carolina White-faced, Pelagodroma marina SPARROW, American Tree, Spizella arborea White-bellied, Fregetta grallaria

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Wilson’s, Oceanites oceanicus Le Conte’s, Toxostoma lecontei SURFBIRD, Aphriza virgata Long-billed, Toxostoma longirostre SWALLOW, Bahama, Tachycineta Pearly-eyed, Margarops fuscatus cyaneoviridis Sage, Oreoscoptes montanus Bank, Riparia riparia THRUSH, Aztec, Ridgwayia pinicola Barn, Hirundo rustica Bicknell’s, Catharus bicknelli Cave, Petrochelidon fulva Clay-colored, Turdus grayi Cliff, Petrochelidon pyrrhonota Dusky, Turdus naumanni Mangrove, Tachycineta albilinea Eyebrowed, Turdus obscurus Northern Rough-winged, Stelgidopteryx Gray-cheeked, Catharus minimus serripennis Hermit, Catharus guttatus Tree, Tachycineta bicolor Red-legged, Turdus plumbeus Violet-green, Tachycineta thalassina Swainson’s, Catharus ustulatus SWAMPHEN, Purple, Porphyrio porphyrio Varied, Ixoreus naevius SWAN, Trumpeter, Cygnus buccinator White-throated, Turdus assimilis Tundra, Cygnus columbianus Wood, Hylocichla mustelina Whooper, Cygnus cygnus TITMOUSE, Black-crested, Baeolophus SWIFT, Alpine, Apus melba atricristatus Black, Cypseloides niger Bridled, Baeolophus wollweberi Chimney, Chaetura pelagica Juniper, Baeolophus ridgwayi Common, Apus apus Oak, Baeolophus inornatus Fork-tailed, Apus pacificus Tufted, Baeolophus bicolor Short-tailed, Chaetura brachyura TITYRA, Masked, Tityra semifasciata Vaux’s, Chaetura vauxi TOWHEE, Abert’s, Melozone aberti White-collared, Streptoprocne zonaris California, Melozone crissalis White-throated, Aeronautes saxatalis Canyon, Melozone fusca SWIFTLET, Mariana, Aerodramus bartschi Eastern, Pipilo erythrophthalmus White-rumped, Aerodramus spodiopygius Green-tailed, Pipilo chlorurus TANAGER, Flame-colored, Piranga bidentata Spotted, Pipilo maculatus Hepatic, Piranga flava TROGON, Elegant, Trogon elegans Puerto Rican, Nesospingus speculiferus TROPICBIRD, Red-billed, Phaethon aethereus Scarlet, Piranga olivacea Red-tailed, Phaethon rubricauda Summer, Piranga rubra White-tailed, Phaethon lepturus Western, Piranga ludoviciana TURNSTONE, Black, Arenaria melanocephala TATTLER, Gray-tailed, Tringa brevipes Ruddy, Arenaria interpres Wandering, Tringa incana TURTLE-DOVE, Oriental, Streptopelia TEAL, Baikal, Anas formosa orientalis Blue-winged, Anas discors VEERY, Catharus fuscescens Cinnamon, Anas cyanoptera VERDIN, Auriparus flaviceps Green-winged, Anas crecca VIOLETEAR, Green, Colibri thalassinus TERN, Aleutian, Onychoprion aleuticus VIREO, Bell’s, Vireo bellii Arctic, Sterna paradisaea Black-capped, Vireo atricapilla Black, Chlidonias niger Black-whiskered, Vireo altiloquus Black-naped, Sterna sumatrana Blue-headed, Vireo solitarius Bridled, Onychoprion anaethetus Cassin’s, Vireo cassinii Caspian, Hydroprogne caspia Gray, Vireo vicinior Common, Sterna hirundo Hutton’s, Vireo huttoni Elegant, Thalasseus elegans Philadelphia, Vireo philadelphicus Forster’s, Sterna forsteri Plumbeous, Vireo plumbeus Gray-backed, Onychoprion lunatus Puerto Rican, Vireo latimeri Great Crested, Thalasseus bergii Red-eyed, Vireo olivaceus Gull-billed, Gelochelidon nilotica Thick-billed, Vireo crassirostris Large-billed, Phaetusa simplex Warbling, Vireo gilvus Least, Sternula antillarum White-eyed, Vireo griseus Little, Sternula albifrons Yellow-green, Vireo flavoviridis Roseate, Sterna dougallii Yellow-throated, Vireo flavifrons Royal, Thalesseus maximus Yucatan, Vireo magister Sandwich, Thalesseus sandvicensis VULTURE, Black, Coragyps atratus Sooty, Onychoprion fuscatus Turkey, Cathartes aura Whiskered, Chlidonias hybrida WAGTAIL, Citrine, Motacilla citreola White, Gygis alba Eastern Yellow, Motacilla tschutschensis White-winged, Chlidonias leucopterus Gray, Motacilla cinerea THRASHER, Bendire’s, Toxostoma bendirei White, Motacilla alba Brown, Toxostoma rufum WARBLER, Adelaide’s, Dendroica adelaidae California, Toxostoma redivivum Arctic, Phylloscopus borealis Crissal, Toxostoma crissale Bachman’s, Vermivora bachmanii Curve-billed, Toxostoma curvirostre Bay-breasted, Dendroica castanea

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Black-and-white, Mniotilta varia WIGEON, American, Anas americana Black-throated Blue, Dendroica caerulescens Eurasian, Anas penelope Black-throated Gray, Dendroica nigrescens WILLET, Tringa semipalmata Black-throated Green, Dendroica virens WOOD-PEWEE, Eastern, Contopus virens Blackburnian, Dendroica fusca Western, Contopus sordidulus Blackpoll, Dendroica striata WOODCOCK, American, Scolopax minor Blue-winged, Vermivora cyanoptera Eurasian, Scolopax rusticola Canada, Wilsonia canadensis WOODPECKER, Acorn, Melanerpes Cape May, Dendroica tigrina formicivorus Cerulean, Dendroica cerulea American Three-toed, Picoides dorsalis Chestnut-sided, Dendroica pensylvanica Arizona, Picoides arizonae Colima, Oreothlypis crissalis Black-backed, Picoides arcticus Connecticut, Oporornis agilis Downy, Picoides pubescens Crescent-chested, Oreothlypis superciliosa Gila, Melanerpes uropygialis Dusky, Phylloscopus fuscatus Golden-fronted, Melanerpes aurifrons Elfin-woods, Dendroica angelae Great Spotted, Dendrocopos major Fan-tailed, Euthlypis lachrymosa Hairy, Picoides villosus Golden-cheeked, Dendroica chrysoparia Ivory-billed, Campephilus principalis Golden-crowned, Basileuterus culicivorus Ladder-backed, Picoides scalaris Golden-winged, Vermivora chrysoptera Lewis’s, Melanerpes lewis Grace’s, Dendroica graciae Nuttall’s, Picoides nuttallii Hermit, Dendroica occidentalis Pileated, Dryocopus pileatus Hooded, Wilsonia citrina Puerto Rican, Melanerpes portoricensis Kentucky, Oporornis formosus Red-bellied, Melanerpes carolinus Kirtland’s, Dendroica kirtlandii Red-cockaded, Picoides borealis Lanceolated, Locustella lanceolata Red-headed, Melanerpes erythrocephalus Lucy’s, Oreothlypis luciae White-headed, Picoides albolarvatus MacGillivray’s, Oporornis tolmiei WOODSTAR, Bahama, Calliphlox evelynae Magnolia, Dendroica magnolia WREN, Bewick’s Thryomanes bewickii Mourning, Oporornis philadelphia Cactus, Campylorhynchus brunneicapillus Nashville, Oreothlypis ruficapilla Canyon, Catherpes mexicanus Olive, Peucedramus taeniatus Carolina, Thryothorus ludovicianus Orange-crowned, Oreothlypis celata House, Troglodytes aedon Palm, Dendroica palmarum Marsh, Cistothorus palustris Pine, Dendroica pinus Pacific, Troglodytes pacificus Prairie, Dendroica discolor Rock, Salpinctes obsoletus Prothonotary, Protonotaria citrea Sedge, Cistothorus platensis Red-faced, Cardellina rubrifrons Sinaloa, Thryothorus sinaloa Rufous-capped, Basileuterus rufifrons Winter, Troglodytes hiemalis Sedge, Acrocephalus schoenobaenus WRENTIT, Chamaea fasciata Swainson’s, Limnothlypis swainsonii WRYNECK, Eurasian, Jynx torquilla Tennessee, Oreothlypis peregrina YELLOWLEGS, Greater, Tringa melanoleuca Townsend’s, Dendroica townsendi Lesser, Tringa flavipes Virginia’s, Oreothlypis virginiae YELLOWTHROAT, Common, Geothlypis Willow, Phylloscopus trochilus trichas Wilson’s, Wilsonia pusilla Gray-crowned, Geothlypis poliocephala Wood, Phylloscopus sibilatrix (2) Taxonomic listing. Species are list- Worm-eating, Helmitheros vermivorum Yellow, Dendroica petechia ed in phylogenetic sequence by sci- Yellow-browed, Phylloscopus inornatus entific name, with the common Yellow-rumped, Dendroica coronata (English) name following the scientific Yellow-throated, Dendroica dominica name. To help clarify species relation- WATERTHRUSH, Louisiana, Parkesia ships, we also list the higher-level tax- motacilla onomic categories of Order, Family, Northern, Parkesia noveboracensis and Subfamily. WAXWING, Bohemian, Bombycilla garrulus Cedar, Bombycilla cedrorum Order ANSERIFORMES WHEATEAR, Northern, Oenanthe oenanthe Family ANATIDAE WHIMBREL, Numenius phaeopus Subfamily DENDROCYGNINAE WHIP-POOR-WILL, Eastern, Caprimulgus Dendrocygna autumnalis, Black-bellied vociferus Whistling-Duck Mexican, Caprimulgus arizonae Dendrocygna arborea, West Indian Whis- WHISTLING-DUCK, Black-bellied, tling-Duck Dendrocygna autumnalis Dendrocygna bicolor, Fulvous Whistling- Fulvous, Dendrocygna bicolor Duck West Indian, Dendrocygna arborea Subfamily ANSERINAE WHITETHROAT, Lesser, Sylvia curruca Anser fabalis, Taiga Bean-Goose

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Anser serrirostris, Tundra Bean-Goose Gavia stellata, Red-throated Loon Anser albifrons, Greater White-fronted Gavia arctica, Arctic Loon Goose Gavia pacifica, Pacific Loon Anser erythropus, Lesser White-fronted Gavia immer, Common Loon Goose Gavia adamsii, Yellow-billed Loon Chen canagica, Emperor Goose Order PODICIPEDIFORMES Chen caerulescens, Snow Goose Family PODICIPEDIDAE Chen rossii, Ross’s Goose Tachybaptus dominicus, Least Grebe Branta bernicla, Brant Podilymbus podiceps, Pied-billed Grebe Branta leucopsis, Barnacle Goose Podiceps auritus, Horned Grebe Branta canadensis, Canada Goose (including Podiceps grisegena, Red-necked Grebe Branta hutchinsii, Cackling Goose) Podiceps nigricollis, Eared Grebe Branta sandvicensis, Hawaiian Goose Aechmophorus occidentalis, Western Grebe Cygnus buccinator, Trumpeter Swan Aechmophorus clarkii, Clark’s Grebe Cygnus columbianus, Tundra Swan Order PHOENICOPTERIFORMES Cygnus cygnus, Whooper Swan Family PHOENICOPTERIDAE Subfamily ANATINAE Phoenicopterus ruber, American Flamingo Cairina moschata, Muscovy Duck Order PROCELLARIIFORMES Aix sponsa, Wood Duck Family DIOMEDEIDAE Anas strepera, Gadwall Thalassarche chlororhynchos, Yellow-nosed Anas falcata, Falcated Duck Albatross Anas penelope, Eurasian Wigeon Thalassarche cauta, Shy Albatross Anas americana, American Wigeon Thalassarche melanophris, Black-browed Al- Anas rubripes, American Black Duck batross Anas platyrhynchos, Mallard Phoebetria palpebrata, Light-mantled Alba- Anas fulvigula, Mottled Duck tross Anas wyvilliana, Hawaiian Duck Diomedea exulans, Wandering Albatross Anas laysanensis, Laysan Duck Phoebastria immutabilis, Laysan Albatross Anas zonorhyncha, Eastern Spot-billed Phoebastria nigripes, Black-footed Albatross Duck Phoebastria albatrus, Short-tailed Albatross Anas superciliosa, Pacific Black Duck Family PROCELLARIIDAE Anas discors, Blue-winged Teal Fulmarus glacialis, Northern Fulmar Anas cyanoptera, Cinnamon Teal Pterodroma macroptera, Great-winged Petrel Anas clypeata, Northern Shoveler Pterodroma neglecta, Kermadec Petrel Anas bahamensis, White-cheeked Pintail Pterodroma arminjoniana, Herald Petrel Anas acuta, Northern Pintail Pterodroma ultima, Murphy’s Petrel Anas querquedula, Garganey Pterodroma inexpectata, Mottled Petrel Anas formosa, Baikal Teal Pterodroma cahow, Bermuda Petrel Anas crecca, Green-winged Teal Pterodroma hasitata, Black-capped Petrel Aythya valisineria, Canvasback Pterodroma externa, Juan Fernandez Petrel Aythya americana, Redhead Pterodroma sandwichensis, Hawaiian Petrel Aythya ferina, Common Pochard Pterodroma cervicalis, White-necked Petrel Aythya baeri, Baer’s Pochard Pterodroma hypoleuca, Bonin Petrel Aythya collaris, Ring-necked Duck Pterodroma nigripennis, Black-winged Pe- Aythya fuligula, Tufted Duck trel Aythya marila, Greater Scaup Pterodroma cookii, Cook’s Petrel Aythya affinis, Lesser Scaup Pterodroma longirostris, Stejneger’s Petrel Polysticta stelleri, Steller’s Eider Pterodroma alba, Phoenix Petrel Somateria fischeri, Spectacled Eider Pterodroma leucoptera, Gould’s Petrel Somateria spectabilis, King Eider Pterodroma rostrata, Tahiti Petrel Somateria mollissima, Common Eider Bulweria bulwerii, Bulwer’s Petrel Histrionicus histrionicus, Harlequin Duck Bulweria fallax, Jouanin’s Petrel Melanitta perspicillata, Surf Scoter Procellaria parkinsoni, Parkinson’s Petrel Melanitta fusca, White-winged Scoter Calonectris leucomelas, Streaked Melanitta americana, Black Scoter Shearwater Clangula hyemalis, Long-tailed Duck Calonectris diomedea, Cory’s Shearwater Bucephala albeola, Bufflehead Calonectris edwardsii, Cape Verde Bucephala clangula, Common Goldeneye Shearwater Bucephala islandica, Barrow’s Goldeneye Puffinus creatopus, Pink-footed Shearwater Mergellus albellus, Smew Puffinus carneipes, Flesh-footed Shearwater Lophodytes cucullatus, Hooded Merganser Puffinus gravis, Great Shearwater Mergus merganser, Common Merganser Puffinus pacificus, Wedge-tailed Shearwater Mergus serrator, Red-breasted Merganser Puffinus bulleri, Buller’s Shearwater Nomonyx dominicus, Masked Duck Puffinus griseus, Sooty Shearwater Oxyura jamaicensis, Ruddy Duck Puffinus tenuirostris, Short-tailed Order GAVIIFORMES Shearwater Family GAVIIDAE Puffinus nativitatis, Christmas Shearwater

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Puffinus puffinus, Manx Shearwater Phalacrocorax pelagicus, Pelagic Cormorant Puffinus auricularis, Townsend’s Phalacrocorax melanoleucos, Little Pied Shearwater Cormorant Puffinus opisthomelas, Black-vented Family ANHINGIDAE Shearwater Anhinga anhinga, Anhinga Puffinus lherminieri, Audubon’s Shearwater Order PELECANIFORMES Puffinus assimilis, Little Shearwater Family PELECANIDAE Family HYDROBATIDAE Pelecanus erythrorhynchos, American White Oceanites oceanicus, Wilson’s Storm-Petrel Pelican Pelagodroma marina, White-faced Storm-Pe- Pelecanus occidentalis, Brown Pelican trel Family ARDEIDAE Fregetta tropica, Black-bellied Storm-Pe- Botaurus lentiginosus, American Bittern trel Ixobrychus sinensis, Yellow Bittern Fregetta grallaria, White-bellied Storm-Pe- Ixobrychus exilis, Least Bittern trel Ixobrychus eurhythmus, Schrenck’s Bittern Nesofregetta fuliginosa, Polynesian Storm- Ixobrychus flavicollis, Black Bittern Petrel Ardea herodias, Great Blue Heron Oceanodroma furcata, Fork-tailed Storm- Ardea cinerea, Gray Heron Petrel Ardea alba, Great Egret Oceanodroma hornbyi, Ringed Storm-Petrel Mesophoyx intermedia, Intermediate Egret Oceanodroma monorhis, Swinhoe’s Storm- Egretta eulophotes, Chinese Egret Petrel Egretta garzetta, Little Egret Oceanodroma leucorhoa, Leach’s Storm-Pe- Egretta sacra, Pacific Reef-Egret trel Egretta gularis, Western Reef-Heron Oceanodroma homochroa, Ashy Storm-Pe- Egretta thula, Snowy Egret trel Egretta caerulea, Little Blue Heron Oceanodroma castro, Band-rumped Storm- Egretta tricolor, Tricolored Heron Petrel Egretta rufescens, Reddish Egret Oceanodroma tethys, Wedge-rumped Storm- Bubulcus ibis, Cattle Egret Petrel Ardeola bacchus, Chinese Pond-Heron Oceanodroma matsudairae, Matsudaira’s Butorides virescens, Green Heron Storm-Petrel Nycticorax nycticorax, Black-crowned Oceanodroma melania, Black Storm-Petrel Night-Heron Oceanodroma tristrami, Tristram’s Storm- Nyctanassa violacea, Yellow-crowned Night- Petrel Heron Oceanodroma microsoma, Least Storm-Pe- Gorsachius goisagi, Japanese Night-Heron trel Gorsachius melanolophus, Malayan Night- Order PHAETHONTIFORMES Heron Family PHAETHONTIDAE Family THRESKIORNITHIDAE Phaethon lepturus, White-tailed Tropicbird Subfamily THRESKIORNITHINAE Phaethon aethereus, Red-billed Tropicbird Eudocimus albus, White Ibis Phaethon rubricauda, Red-tailed Tropicbird Eudocimus ruber, Scarlet Ibis Order CICONIIFORMES Plegadis falcinellus, Glossy Ibis Family CICONIIDAE Plegadis chihi, White-faced Ibis Jabiru mycteria, Jabiru Subfamily PLATALEINAE Mycteria americana, Wood Stork Platalea ajaja, Roseate Spoonbill Order SULIFORMES Order ACCIPITRIFORMES Family FREGATIDAE Family CATHARTIDAE Fregata magnificens, Magnificent Coragyps atratus, Black Vulture Frigatebird Cathartes aura, Turkey Vulture Fregata minor, Great Frigatebird Gymnogyps californianus, California Condor Fregata ariel, Lesser Frigatebird Family PANDIONIDAE Family SULIDAE Pandion haliaetus, Osprey Sula dactylatra, Masked Booby Family ACCIPITRIDAE Sula nebouxii, Blue-footed Booby Chondrohierax uncinatus, Hook-billed Kite Sula leucogaster, Brown Booby Elanoides forficatus, Swallow-tailed Kite Sula sula, Red-footed Booby Elanus leucurus, White-tailed Kite Morus bassanus, Northern Gannet Rostrhamus sociabilis, Snail Kite Family PHALACROCORACIDAE Ictinia mississippiensis, Mississippi Kite Phalacrocorax penicillatus, Brandt’s Cor- Milvus migrans, Black Kite morant Haliaeetus leucocephalus, Bald Eagle Phalacrocorax brasilianus, Neotropic Cor- Haliaeetus albicilla, White-tailed Eagle morant Haliaeetus pelagicus, Steller’s Sea-Eagle Phalacrocorax auritus, Double-crested Cor- Circus cyaneus, Northern Harrier morant Accipiter soloensis, Gray Frog-Hawk Phalacrocorax carbo, Great Cormorant Accipiter gularis, Japanese Sparrowhawk Phalacrocorax urile, Red-faced Cormorant Accipiter striatus, Sharp-shinned Hawk

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Accipiter cooperii, Cooper’s Hawk Subfamily VANELLINAE Accipiter gentilis, Northern Goshawk Vanellus vanellus, Northern Lapwing Geranospiza caerulescens, Crane Hawk Subfamily CHARADRIINAE Buteogallus anthracinus, Common Black- Pluvialis squatarola, Black-bellied Plover Hawk Pluvialis apricaria, European Golden-Plover Parabuteo unicinctus, Harris’s Hawk Pluvialis dominica, American Golden-Plover Buteo magnirostris, Roadside Hawk Pluvialis fulva, Pacific Golden-Plover Buteo lineatus, Red-shouldered Hawk Charadrius mongolus, Lesser Sand-Plover Buteo platypterus, Broad-winged Hawk Charadrius leschenaultii, Greater Sand- Buteo nitidus, Gray Hawk Plover Buteo brachyurus, Short-tailed Hawk Charadrius collaris, Collared Plover Buteo swainsoni, Swainson’s Hawk Charadrius alexandrinus, Snowy Plover Buteo albicaudatus, White-tailed Hawk Charadrius wilsonia, Wilson’s Plover Buteo albonotatus, Zone-tailed Hawk Charadrius hiaticula, Common Ringed Plov- Buteo solitarius, Hawaiian Hawk er Buteo jamaicensis, Red-tailed Hawk Charadrius semipalmatus, Semipalmated Buteo regalis, Ferruginous Hawk Plover Buteo lagopus, Rough-legged Hawk Charadrius melodus, Piping Plover Aquila chrysaetos, Golden Eagle Charadrius dubius, Little Ringed Plover Order FALCONIFORMES Charadrius vociferus, Killdeer Family FALCONIDAE Charadrius montanus, Mountain Plover Subfamily MICRASTURINAE Charadrius morinellus, Eurasian Dotterel Micrastur semitorquatus, Collared Forest- Family HAEMATOPODIDAE Falcon Haematopus ostralegus, Eurasian Subfamily CARACARINAE Oystercatcher Caracara cheriway, Crested Caracara Haematopus palliatus, American Subfamily FALCONINAE Oystercatcher Falco tinnunculus, Eurasian Kestrel Haematopus bachmani, Black Oystercatcher Falco sparverius, American Kestrel Family RECURVIROSTRIDAE Falco vespertinus, Red-footed Falcon Himantopus himantopus, Black-winged Stilt Falco columbarius, Merlin Himantopus mexicanus, Black-necked Stilt Falco subbuteo, Eurasian Hobby Recurvirostra americana, American Avocet Falco femoralis, Aplomado Falcon Family JACANIDAE Falco rusticolus, Gyrfalcon Jacana spinosa, Northern Jacana Falco peregrinus, Peregrine Falcon Family SCOLOPACIDAE Falco mexicanus, Prairie Falcon Subfamily SCOLOPACINAE Order GRUIFORMES Xenus cinereus, Terek Sandpiper Family RALLIDAE Actitis hypoleucos, Common Sandpiper Coturnicops noveboracensis, Yellow Rail Actitis macularius, Spotted Sandpiper Laterallus jamaicensis, Black Rail Tringa ochropus, Green Sandpiper Gallirallus philippensis, Buff-banded Rail Tringa solitaria, Solitary Sandpiper Gallirallus owstoni, Guam Rail Tringa brevipes, Gray-tailed Tattler Crex crex, Corn Crake Tringa incana, Wandering Tattler Rallus longirostris, Clapper Rail Tringa erythropus, Spotted Redshank Rallus elegans, King Rail Tringa melanoleuca, Greater Yellowlegs Rallus limicola, Virginia Rail Tringa nebularia, Common Greenshank Porzana carolina, Sora Tringa guttifer, Nordmann’s Greenshank Porzana tabuensis, Spotless Crake Tringa semipalmata, Willet Porzana flaviventer, Yellow-breasted Crake Tringa flavipes, Lesser Yellowlegs Neocrex erythrops, Paint-billed Crake Tringa stagnatilis, Marsh Sandpiper Pardirallus maculatus, Spotted Rail Tringa glareola, Wood Sandpiper Porphyrio porphyrio, Purple Swamphen Bartramia longicauda, Upland Sandpiper Porphyrio martinica, Purple Gallinule Numenius minutus, Little Curlew Porphyrio flavirostris, Azure Gallinule Numenius borealis, Eskimo Curlew Gallinula chloropus, Common Moorhen Numenius phaeopus, Whimbrel Fulica atra, Eurasian Coot Numenius tahitiensis, Bristle-thighed Cur- Fulica alai, Hawaiian Coot lew Fulica americana, American Coot Numenius madagascariensis, Far Eastern Fulica caribaea, Caribbean Coot Curlew Family ARAMIDAE Numenius arquata, Eurasian Curlew Aramus guarauna, Limpkin Numenius americanus, Long-billed Curlew Family GRUIDAE Limosa limosa, Black-tailed Godwit Grus canadensis, Sandhill Crane Limosa haemastica, Hudsonian Godwit Grus grus, Common Crane Limosa lapponica, Bar-tailed Godwit Grus americana, Whooping Crane Limosa fedoa, Marbled Godwit Order CHARADRIIFORMES Arenaria interpres, Ruddy Turnstone Family CHARADRIIDAE Arenaria melanocephala, Black Turnstone

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Aphriza virgata, Surfbird Larus michahellis, Yellow-legged Gull Calidris tenuirostris, Great Knot Larus thayeri, Thayer’s Gull Calidris canutus, Red Knot Larus glaucoides, Iceland Gull Calidris alba, Sanderling Larus fuscus, Lesser Black-backed Gull Calidris pusilla, Semipalmated Sandpiper Larus schistisagus, Slaty-backed Gull Calidris mauri, Western Sandpiper Larus glaucescens, Glaucous-winged Gull Calidris ruficollis, Red-necked Stint Larus hyperboreus, Glaucous Gull Calidris minuta, Little Stint Larus marinus, Great Black-backed Gull Calidris temminckii, Temminck’s Stint Larus dominicanus, Kelp Gull Calidris subminuta, Long-toed Stint Subfamily STERNINAE Calidris minutilla, Least Sandpiper Anous stolidus, Brown Noddy Calidris fuscicollis, White-rumped Sandpiper Anous minutus, Black Noddy Calidris bairdii, Baird’s Sandpiper Procelsterna cerulea, Blue-gray Noddy Calidris melanotos, Pectoral Sandpiper Gygis alba, White Tern Calidris acuminata, Sharp-tailed Sandpiper Onychoprion fuscatus, Sooty Tern Calidris maritima, Purple Sandpiper Onychoprion lunatus, Gray-backed Tern Calidris ptilocnemis, Rock Sandpiper Onychoprion anaethetus, Bridled Tern Calidris alpina, Dunlin Onychoprion aleuticus, Aleutian Tern Calidris ferruginea, Curlew Sandpiper Sternula albifrons, Little Tern Calidris himantopus, Stilt Sandpiper Sternula antillarum, Least Tern Eurynorhynchus pygmeus, Spoon-billed Phaetusa simplex, Large-billed Tern Sandpiper Gelochelidon nilotica, Gull-billed Tern Limicola falcinellus, Broad-billed Sandpiper Hydroprogne caspia, Caspian Tern Tryngites subruficollis, Buff-breasted Sand- Chlidonias niger, Black Tern piper Chlidonias leucopterus, White-winged Tern Philomachus pugnax, Ruff Chlidonias hybridus, Whiskered Tern Limnodromus griseus, Short-billed Sterna dougallii, Roseate Tern Dowitcher Sterna sumatrana, Black-naped Tern Limnodromus scolopaceus, Long-billed Sterna hirundo, Common Tern Dowitcher Sterna paradisaea, Arctic Tern Lymnocryptes minimus, Jack Snipe Sterna forsteri, Forster’s Tern Gallinago delicata, Wilson’s Snipe Thalasseus maximus, Royal Tern Gallinago gallinago, Common Snipe Thalasseus bergii, Great Crested Tern Gallinago stenura, Pin-tailed Snipe Thalasseus sandvicensis, Sandwich Tern Gallinago megala, Swinhoe’s Snipe Thalasseus elegans, Elegant Tern Scolopax rusticola, Eurasian Woodcock Subfamily RYNCHOPINAE Scolopax minor, American Woodcock Rynchops niger, Black Skimmer Subfamily PHALAROPODINAE Family STERCORARIIDAE Phalaropus tricolor, Wilson’s Phalarope Stercorarius skua, Great Skua Phalaropus lobatus, Red-necked Phalarope Stercorarius maccormicki, South Polar Skua Phalaropus fulicarius, Red Phalarope Stercorarius pomarinus, Pomarine Jaeger Family LARIDAE Stercorarius parasiticus, Parasitic Jaeger Subfamily LARINAE Stercorarius longicaudus, Long-tailed Jaeger Creagrus furcatus, Swallow-tailed Gull Family ALCIDAE Rissa tridactyla, Black-legged Kittiwake Alle alle, Dovekie Rissa brevirostris, Red-legged Kittiwake Uria aalge, Common Murre Pagophila eburnea, Ivory Gull Uria lomvia, Thick-billed Murre Xema sabini, Sabine’s Gull Alca torda, Razorbill Chroicocephalus philadelphia, Bonaparte’s Cepphus grylle, Black Guillemot Gull Cepphus columba, Pigeon Guillemot Chroicocephalus cirrocephalus, Gray-hooded Brachyramphus perdix, Long-billed Gull Murrelet Chroicocephalus ridibundus, Black-headed Brachyramphus marmoratus, Marbled Gull Murrelet Hydrocoloeus minutus, Little Gull Brachyramphus brevirostris, Kittlitz’s Rhodostethia rosea, Ross’s Gull Murrelet Leucophaeus atricilla, Laughing Gull Synthliboramphus hypoleucus, Xantus’s Leucophaeus pipixcan, Franklin’s Gull Murrelet Larus belcheri, Belcher’s Gull Synthliboramphus craveri, Craveri’s Larus crassirostris, Black-tailed Gull Murrelet Larus heermanni, Heermann’s Gull Synthliboramphus antiquus, Ancient Larus canus, Mew Gull Murrelet Larus delawarensis, Ring-billed Gull Ptychoramphus aleuticus, Cassin’s Auklet Larus occidentalis, Western Gull Aethia psittacula, Parakeet Auklet Larus livens, Yellow-footed Gull Aethia pusilla, Least Auklet Larus californicus, California Gull Aethia pygmaea, Whiskered Auklet Larus argentatus, Herring Gull Aethia cristatella, Crested Auklet

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Cerorhinca monocerata, Rhinoceros Auklet Glaucidium brasilianum, Ferruginous Fratercula arctica, Atlantic Puffin Pygmy-Owl Fratercula corniculata, Horned Puffin Micrathene whitneyi, Elf Owl Fratercula cirrhata, Tufted Puffin Athene cunicularia, Burrowing Owl Order COLUMBIFORMES Ciccaba virgata, Mottled Owl Family COLUMBIDAE Strix occidentalis, Spotted Owl Patagioenas squamosa, Scaly-naped Pigeon Strix varia, Barred Owl Patagioenas leucocephala, White-crowned Strix nebulosa, Great Gray Owl Pigeon Asio otus, Long-eared Owl Patagioenas flavirostris, Red-billed Pigeon Asio stygius, Stygian Owl Patagioenas inornata, Plain Pigeon Asio flammeus, Short-eared Owl Patagioenas fasciata, Band-tailed Pigeon Aegolius funereus, Boreal Owl Streptopelia orientalis, Oriental Turtle-Dove Aegolius acadicus, Northern Saw-whet Owl Zenaida asiatica, White-winged Dove Ninox scutulata, Brown Hawk-Owl Zenaida aurita, Zenaida Dove Order CAPRIMULGIFORMES Zenaida macroura, Mourning Dove Family CAPRIMULGIDAE Columbina inca, Inca Dove Subfamily CHORDEILINAE Columbina passerina, Common Ground-Dove Chordeiles acutipennis, Lesser Nighthawk Columbina talpacoti, Ruddy Ground-Dove Chordeiles minor, Common Nighthawk Leptotila verreauxi, White-tipped Dove Chordeiles gundlachii, Antillean Nighthawk Geotrygon chrysia, Key West Quail-Dove Subfamily CAPRIMULGINAE Geotrygon mystacea, Bridled Quail-Dove Nyctidromus albicollis, Common Pauraque Geotrygon montana, Ruddy Quail-Dove Phalaenoptilus nuttallii, Common Poorwill Gallicolumba xanthonura, White-throated Caprimulgus carolinensis, Chuck-will’s- Ground-Dove widow Gallicolumba stairi, Friendly Ground-Dove Caprimulgus ridgwayi, Buff-collared Ptilinopus perousii, Many-colored Fruit- Nightjar Dove Caprimulgus vociferus, Eastern Whip-poor- Ptilinopus porphyraceus, Crimson-crowned will Fruit-Dove Caprimulgus arizonae, Mexican Whip-poor- Ptilinopus roseicapilla, Mariana Fruit-Dove will Ducula pacifica, Pacific Imperial-Pigeon Caprimulgus noctitherus, Puerto Rican Order CUCULIFORMES Nightjar Family CUCULIDAE Caprimulgus indicus, Gray Nightjar Subfamily CUCULINAE Order APODIFORMES Cuculus fugax, Hodgson’s Hawk-Cuckoo Family APODIDAE Cuculus canorus, Common Cuckoo Subfamily CYPSELOIDINAE Cuculus optatus, Oriental Cuckoo Cypseloides niger, Black Swift Coccyzus americanus, Yellow-billed Cuckoo Streptoprocne zonaris, White-collared Swift Coccyzus minor, Mangrove Cuckoo Subfamily CHAETURINAE Coccyzus erythropthalmus, Black-billed Chaetura pelagica, Chimney Swift Cuckoo Chaetura vauxi, Vaux’s Swift Coccyzus vieilloti, Puerto Rican Lizard- Chaetura brachyura, Short-tailed Swift Cuckoo Hirundapus caudacutus, White-throated Subfamily NEOMORPHINAE Needletail Geococcyx californianus, Greater Road- Aerodramus spodiopygius, White-rumped runner Swiftlet Subfamily CROTOPHAGINAE Aerodramus bartschi, Mariana Swiftlet Crotophaga ani, Smooth-billed Ani Subfamily APODINAE Crotophaga sulcirostris, Groove-billed Ani Apus apus, Common Swift Order STRIGIFORMES Apus pacificus, Fork-tailed Swift Family TYTONIDAE Apus melba, Alpine Swift Tyto alba, Barn Owl Aeronautes saxatalis, White-throated Swift Family STRIGIDAE Tachornis phoenicobia, Antillean Palm- Otus flammeolus, Flammulated Owl Swift Otus sunia, Oriental Scops-Owl Family TROCHILIDAE Megascops kennicottii, Western Screech-Owl Subfamily TROCHILINAE Megascops asio, Eastern Screech-Owl Colibri thalassinus, Green Violetear Megascops trichopsis, Whiskered Screech- Anthracothorax prevostii, Green-breasted Owl Mango Megascops nudipes, Puerto Rican Screech- Anthracothorax dominicus, Antillean Mango Owl Anthracothorax viridis, Green Mango Bubo virginianus, Great Horned Owl Eulampis jugularis, Purple-throated Carib Bubo scandiacus, Snowy Owl Eulampis holosericeus, Green-throated Carib Surnia ulula, Northern Hawk Owl Orthorhyncus cristatus, Antillean Crested Glaucidium gnoma, Northern Pygmy-Owl Hummingbird

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Chlorostilbon maugaeus, Puerto Rican Em- Sphyrapicus thyroideus, Williamson’s Sap- erald sucker Cynanthus latirostris, Broad-billed Hum- Sphyrapicus varius, Yellow-bellied Sap- mingbird sucker Hylocharis leucotis, White-eared Humming- Sphyrapicus nuchalis, Red-naped Sapsucker bird Sphyrapicus ruber, Red-breasted Sapsucker Hylocharis xantusii, Xantus’s Hummingbird Dendrocopos major, Great Spotted Wood- Amazilia beryllina, Berylline Hummingbird pecker Amazilia yucatanensis, Buff-bellied Hum- Picoides scalaris, Ladder-backed Wood- mingbird pecker Amazilia rutila, Cinnamon Hummingbird Picoides nuttallii, Nuttall’s Woodpecker Amazilia violiceps, Violet-crowned Hum- Picoides pubescens, Downy Woodpecker mingbird Picoides villosus, Hairy Woodpecker Lampornis clemenciae, Blue-throated Hum- Picoides arizonae, Arizona Woodpecker mingbird Picoides borealis, Red-cockaded Woodpecker Eugenes fulgens, Magnificent Hummingbird Picoides albolarvatus, White-headed Wood- Heliomaster constantii, Plain-capped pecker Starthroat Picoides dorsalis, American Three-toed Calliphlox evelynae, Bahama Woodstar Woodpecker Calothorax lucifer, Lucifer Hummingbird Picoides arcticus, Black-backed Woodpecker Archilochus colubris, Ruby-throated Hum- Colaptes auratus, Northern Flicker mingbird Colaptes chrysoides, Gilded Flicker Archilochus alexandri, Black-chinned Hum- Dryocopus pileatus, Pileated Woodpecker mingbird Campephilus principalis, Ivory-billed Wood- Calypte anna, Anna’s Hummingbird pecker Calypte costae, Costa’s Hummingbird Order PASSERIFORMES Family TYRANNIDAE Stellula calliope, Calliope Hummingbird Subfamily ELAENIINAE Atthis heloisa, Bumblebee Hummingbird Camptostoma imberbe, Northern Beardless- Selasphorus platycercus, Broad-tailed Hum- Tyrannulet mingbird Myiopagis viridicata, Greenish Elaenia Selasphorus rufus, Rufous Hummingbird Elaenia martinica, Caribbean Elaenia Selasphorus sasin, Allen’s Hummingbird Elaenia albiceps, White-crested Eleania Order TROGONIFORMES Subfamily FLUVICOLINAE Family TROGONIDAE Mitrephanes phaeocercus, Tufted Flycatcher Subfamily TROGONINAE Contopus cooperi, Olive-sided Flycatcher Trogon elegans, Elegant Trogon Contopus pertinax, Greater Pewee Euptilotis neoxenus, Eared Quetzel Contopus sordidulus, Western Wood-Pewee Order UPUPIFORMES Contopus virens, Eastern Wood-Pewee Family UPUPIDAE Contopus caribaeus, Cuban Pewee Upupa epops, Eurasian Hoopoe Contopus hispaniolensis, Hispaniolan Pewee Order CORACIIFORMES Contopus latirostris, Lesser Antillean Pewee Family ALCEDINIDAE Empidonax flaviventris, Yellow-bellied Subfamily HALCYONINAE Flycatcher Todirhamphus cinnamominus, Micronesian Empidonax virescens, Acadian Flycatcher Kingfisher Empidonax alnorum, Alder Flycatcher Todirhamphus chloris, Collared Kingfisher Empidonax traillii, Willow Flycatcher Subfamily CERYLINAE Empidonax minimus, Least Flycatcher Megaceryle torquata, Ringed Kingfisher Empidonax hammondii, Hammond’s Megaceryle alcyon, Belted Kingfisher Flycatcher Chloroceryle americana, Green Kingfisher Empidonax wrightii, Gray Flycatcher Order PICIFORMES Empidonax oberholseri, Dusky Flycatcher Family PICIDAE Empidonax difficilis, Pacific-slope Subfamily JYNGINAE Flycatcher Jynx torquilla, Eurasian Wryneck Empidonax occidentalis, Cordilleran Subfamily PICINAE Flycatcher Melanerpes lewis, Lewis’s Woodpecker Empidonax fulvifrons, Buff-breasted Melanerpes portoricensis, Puerto Rican Flycatcher Woodpecker Sayornis nigricans, Black Phoebe Melanerpes erythrocephalus, Red-headed Sayornis phoebe, Eastern Phoebe Woodpecker Sayornis saya, Say’s Phoebe Melanerpes formicivorus, Acorn Woodpecker Pyrocephalus rubinus, Vermilion Flycatcher Melanerpes uropygialis, Gila Woodpecker Subfamily TYRANNINAE Melanerpes aurifrons, Golden-fronted Wood- Myiarchus tuberculifer, Dusky-capped pecker Flycatcher Melanerpes carolinus, Red-bellied Wood- Myiarchus cinerascens, Ash-throated pecker Flycatcher

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Myiarchus nuttingi, Nutting’s Flycatcher Pica nuttalli, Yellow-billed Magpie Myiarchus crinitus, Great Crested Corvus kubaryi, Mariana Crow Flycatcher Corvus brachyrhynchos, American Crow Myiarchus tyrannulus, Brown-crested Corvus caurinus, Northwestern Crow Flycatcher Corvus leucognaphalus, White-necked Crow Myiarchus sagrae, La Sagra’s Flycatcher Corvus imparatus, Tamaulipas Crow Myiarchus antillarum, Puerto Rican Corvus ossifragus, Fish Crow Flycatcher Corvus hawaiiensis, Hawaiian Crow Pitangus sulphuratus, Great Kiskadee Corvus cryptoleucus, Chihuahuan Raven Myiozetetes similis, Social Flycatcher Corvus corax, Common Raven Myiodynastes luteiventris, Sulphur-bellied Family ALAUDIDAE Flycatcher Alauda arvensis, Sky Lark Legatus leucophalus, Piratic Flycatcher Eremophila alpestris, Horned Lark Empidonomus varius, Variegated Flycatcher Family HIRUNDINIDAE Empidonomus aurantioatrocristatus, Crowned Subfamily HIRUNDININAE Slaty Flycatcher Progne subis, Purple Martin Tyrannus melancholicus, Tropical Kingbird Progne cryptoleuca, Cuban Martin Tyrannus couchii, Couch’s Kingbird Progne dominicensis, Caribbean Martin Tyrannus vociferans, Cassin’s Kingbird Progne chalybea, Gray-breasted Martin Tyrannus crassirostris, Thick-billed Progne elegans, Southern Martin Kingbird Progne tapera, Brown-chested Martin Tyrannus verticalis, Western Kingbird Tachycineta bicolor, Tree Swallow Tyrannus tyrannus, Eastern Kingbird Tachycineta albilinea, Mangrove Swallow Tyrannus dominicensis, Gray Kingbird Tachycineta thalassina, Violet-green Swal- Tyrannus caudifasciatus, Loggerhead low Kingbird Tachycineta cyaneoviridis, Bahama Swallow Tyrannus forficatus, Scissor-tailed Stelgidopteryx serripennis, Northern Rough- Flycatcher winged Swallow Tyrannus savana, Fork-tailed Flycatcher Riparia riparia, Bank Swallow Pachyramphus aglaiae, Rose-throated Petrochelidon pyrrhonota, Cliff Swallow Becard Petrochelidon fulva, Cave Swallow Tityra semifasciata, Masked Tityra Hirundo rustica, Barn Swallow Family LANIIDAE Delichon urbicum, Common House-Martin Lanius cristatus, Brown Shrike Family PARIDAE Lanius ludovicianus, Loggerhead Shrike Poecile carolinensis, Carolina Chickadee Lanius excubitor, Northern Shrike Poecile atricapillus, Black-capped Chickadee Family VIREONIDAE Poecile gambeli, Mountain Chickadee Vireo griseus, White-eyed Vireo Poecile sclateri, Mexican Chickadee Vireo crassirostris, Thick-billed Vireo Poecile rufescens, Chestnut-backed Chick- Vireo latimeri, Puerto Rican Vireo adee Vireo bellii, Bell’s Vireo Poecile hudsonicus, Boreal Chickadee Vireo atricapilla, Black-capped Vireo Poecile cinctus, Gray-headed Chickadee Vireo vicinior, Gray Vireo Baeolophus wollweberi, Bridled Titmouse Vireo flavifrons, Yellow-throated Vireo Baeolophus inornatus, Oak Titmouse Vireo plumbeus, Plumbeous Vireo Baeolophus ridgwayi, Juniper Titmouse Vireo cassinii, Cassin’s Vireo Baeolophus bicolor, Tufted Titmouse Vireo solitarius, Blue-headed Vireo Baeolophus atricristatus, Black-crested Vireo huttoni, Hutton’s Vireo Titmouse Vireo gilvus, Warbling Vireo Family REMIZIDAE Vireo philadelphicus, Philadelphia Vireo Auriparus flaviceps, Verdin Vireo olivaceus, Red-eyed Vireo Family AEGITHALIDAE Vireo flavoviridis, Yellow-green Vireo Psaltriparus minimus, Bushtit Vireo altiloquus, Black-whiskered Vireo Family SITTIDAE Vireo magister, Yucatan Vireo Subfamily SITTINAE Family CORVIDAE Sitta canadensis, Red-breasted Nuthatch Perisoreus canadensis, Gray Jay Sitta carolinensis, White-breasted Nuthatch Psilorhinus morio, Brown Jay Sitta pygmaea, Pygmy Nuthatch Cyanocorax yncas, Green Jay Sitta pusilla, Brown-headed Nuthatch Gymnorhinus cyanocephalus, Pinyon Jay Family CERTHIIDAE Cyanocitta stelleri, Steller’s Jay Subfamily CERTHIINAE Cyanocitta cristata, Blue Jay Certhia americana, Brown Creeper Aphelocoma coerulescens, Florida Scrub-Jay Family TROGLODYTIDAE Aphelocoma insularis, Island Scrub-Jay Campylorhynchus brunneicapillus, Cactus Aphelocoma californica, Western Scrub-Jay Wren Aphelocoma ultramarina, Mexican Jay Salpinctes obsoletus, Rock Wren Nucifraga columbiana, Clark’s Nutcracker Catherpes mexicanus, Canyon Wren Pica hudsonia, Black-billed Magpie Thryothorus sinaloa, Sinaloa Wren

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Thryothorus ludovicianus, Carolina Wren Myadestes palmeri, Puaiohi Thryomanes bewickii, Bewick’s Wren Catharus aurantiirostris, Orange-billed Troglodytes aedon, House Wren Nightingale-Thrush Troglodytes pacificus, Pacific Wren Catharus mexicanus, Black-headed Nightin- Troglodytes hiemalis, Winter Wren gale-Thrush Cistothorus platensis, Sedge Wren Catharus fuscescens, Veery Cistothorus palustris, Marsh Wren Catharus minimus, Gray-cheeked Thrush Family POLIOPTILIDAE Catharus bicknelli, Bicknell’s Thrush Polioptila caerulea, Blue-gray Gnatcatcher Catharus ustulatus, Swainson’s Thrush Polioptila californica, California Catharus guttatus, Hermit Thrush Gnatcatcher Hylocichla mustelina, Wood Thrush Polioptila melanura, Black-tailed Turdus obscurus, Eyebrowed Thrush Gnatcatcher Turdus naumanni, Dusky Thrush Polioptila nigriceps, Black-capped Turdus pilaris, Fieldfare Gnatcatcher Turdus grayi, Clay-colored Thrush Family CINCLIDAE Turdus assimilis, White-throated Thrush Cinclus mexicanus, American Dipper Turdus rufopalliatus, Rufous-backed Robin Family REGULIDAE Turdus migratorius, American Robin Regulus satrapa, Golden-crowned Kinglet Turdus plumbeus, Red-legged Thrush Regulus calendula, Ruby-crowned Kinglet Ixoreus naevius, Varied Thrush Family PHYLLOSCOPIDAE Ridgwayia pinicola, Aztec Thrush Phylloscopus trochilus, Willow Warbler Family MIMIDAE Phylloscopus sibilatrix, Wood Warbler Dumetella carolinensis, Gray Catbird Phylloscopus fuscatus, Dusky Warbler Melanoptila glabrirostris, Black Catbird Phylloscopus proregulus, Pallas’s Leaf-War- Mimus polyglottos, Northern Mockingbird bler Mimus gundlachii, Bahama Mockingbird Phylloscopus inornatus, Yellow-browed War- Oreoscoptes montanus, Sage Thrasher bler Toxostoma rufum, Brown Thrasher Phylloscopus borealis, Arctic Warbler Toxostoma longirostre, Long-billed Thrasher Family SYLVIIDAE Toxostoma bendirei, Bendire’s Thrasher Sylvia curruca, Lesser Whitethroat Toxostoma curvirostre, Curve-billed Thrash- Chamaea fasciata, Wrentit er Family ACROCEPHALIDAE Toxostoma redivivum, California Thrasher Acrocephalus luscinia, Nightingale Reed- Toxostoma crissale, Crissal Thrasher Warbler Toxostoma lecontei, Le Conte’s Thrasher Acrocephalus familiaris, Millerbird Melanotis caerulescens, Blue Mockingbird Acrocephalus schoenobaenus, Sedge Warbler Margarops fuscatus, Pearly-eyed Thrasher Family MEGALURIDAE Family STURNIDAE Locustella ochotensis, Middendorff’s Grass- Sturnus philippensis, Chestnut-cheeked hopper-Warbler Starling Locustella lanceolata, Lanceolated Warbler Sturnus cineraceus, White-cheeked Starling Family MUSCICAPIDAE Family PRUNELLIDAE Ficedula narcissina, Narcissus Flycatcher Prunella montanella, Siberian Accentor Ficedula mugimaki, Mugimaki Flycatcher Family MOTACILLIDAE Ficedula albicilla, Taiga Flycatcher Motacilla tschutschensis, Eastern Yellow Muscicapa sibirica, Dark-sided Flycatcher Wagtail Muscicapa griseisticta, Gray-streaked Motacilla citreola, Citrine Wagtail Flycatcher Motacilla cinerea, Gray Wagtail Muscicapa dauurica, Asian Brown Motacilla alba, White Wagtail Flycatcher Anthus trivialis, Tree Pipit Muscicapa striata, Spotted Flycatcher Anthus hodgsoni, Olive-backed Pipit Family TURDIDAE Anthus gustavi, Pechora Pipit Monticola solitarius, Blue Rock-Thrush Anthus cervinus, Red-throated Pipit Luscinia sibilans, Rufous-tailed Robin Anthus rubescens, American Pipit Luscinia calliope, Siberian Rubythroat Anthus spragueii, Sprague’s Pipit Luscinia svecica, Bluethroat Family BOMBYCILLIDAE Luscinia cyane, Siberian Blue Robin Bombycilla garrulus, Bohemian Waxwing Tarsiger cyanurus, Red-flanked Bluetail Bombycilla cedrorum, Cedar Waxwing Oenanthe oenanthe, Northern Wheatear Family PTILOGONATIDAE Saxicola torquatus, Stonechat Ptilogonys cinereus, Gray Silky-flycatcher Sialia sialis, Eastern Bluebird Phainopepla nitens, Phainopepla Sialia mexicana, Western Bluebird Family PEUCEDRAMIDAE Sialia currucoides, Mountain Bluebird Peucedramus taeniatus, Olive Warbler Myadestes townsendi, Townsend’s Solitaire Family CALCARIIDAE Myadestes myadestinus, Kamao Calcarius lapponicus, Lapland Longspur Myadestes lanaiensis, Olomao Calcarius ornatus, Chestnut-collared Myadestes obscurus, Omao Longspur

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Calcarius pictus, Smith’s Longspur Geothlypis poliocephala, Gray-crowned Rhynchophanes mccownii, McCown’s Yellowthroat Longspur Wilsonia citrina, Hooded Warbler Plectrophenax nivalis, Snow Bunting Wilsonia pusilla, Wilson’s Warbler Plectrophenax hyperboreus, McKay’s Bun- Wilsonia canadensis, Canada Warbler ting Cardellina rubrifrons, Red-faced Warbler Family PARULIDAE Myioborus pictus, Painted Redstart Vermivora bachmanii, Bachman’s Warbler Myioborus miniatus, Slate-throated Vermivora cyanoptera, Blue-winged Warbler Redstart Vermivora chrysoptera, Golden-winged War- Euthlypis lachrymosa, Fan-tailed Warbler bler Basileuterus culicivorus, Golden-crowned Oreothlypis peregrina, Tennessee Warbler Warbler Oreothlypis celata, Orange-crowned Warbler Basileuterus rufifrons, Rufous-capped War- Oreothlypis ruficapilla, Nashville Warbler bler Oreothlypis virginiae, Virginia’s Warbler Icteria virens, Yellow-breasted Chat Oreothlypis crissalis, Colima Warbler Family THRAUPIDAE Oreothlypis luciae, Lucy’s Warbler Nesospingus speculiferus, Puerto Rican Tan- Oreothlypis superciliosa, Crescent-chested ager Warbler Spindalis zena, Western Spindalis Parula americana, Northern Parula Spindalis portoricensis, Puerto Rican Parula pitiayumi, Tropical Parula Spindalis Dendroica petechia, Yellow Warbler Family EMBERIZIDAE Dendroica pensylvanica, Chestnut-sided Sporophila torqueola, White-collared Warbler Seedeater Tiaris olivaceus, Yellow-faced Grassquit Dendroica magnolia, Magnolia Warbler Tiaris bicolor, Black-faced Grassquit Dendroica tigrina, Cape May Warbler Loxigilla portoricensis, Puerto Rican Dendroica caerulescens, Black-throated Blue Bullfinch Warbler Arremonops rufivirgatus, Olive Sparrow Dendroica coronata, Yellow-rumped Warbler Pipilo chlorurus, Green-tailed Towhee Dendroica nigrescens, Black-throated Gray Pipilo maculatus, Spotted Towhee Warbler Pipilo erythrophthalmus, Eastern Towhee Dendroica chrysoparia, Golden-cheeked Aimophila ruficeps, Rufous-crowned Spar- Warbler row Dendroica virens, Black-throated Green Melozone fusca, Canyon Towhee Warbler Melozone crissalis, California Towhee Dendroica townsendi, Townsend’s Warbler Melozone aberti, Abert’s Towhee Dendroica occidentalis, Hermit Warbler Peucaea carpalis, Rufous-winged Sparrow Dendroica fusca, Blackburnian Warbler Peucaea botterii, Botteri’s Sparrow Dendroica dominica, Yellow-throated War- Peucaea cassinii, Cassin’s Sparrow bler Peucaea aestivalis, Bachman’s Sparrow Dendroica graciae, Grace’s Warbler Spizella arborea, American Tree Sparrow Dendroica adelaidae, Adelaide’s Warbler Spizella passerina, Chipping Sparrow Dendroica pinus, Pine Warbler Spizella pallida, Clay-colored Sparrow Dendroica kirtlandii, Kirtland’s Warbler Spizella breweri, Brewer’s Sparrow Dendroica discolor, Prairie Warbler Spizella pusilla, Field Sparrow Dendroica palmarum, Palm Warbler Spizella wortheni, Worthen’s Sparrow Dendroica castanea, Bay-breasted Warbler Spizella atrogularis, Black-chinned Sparrow Dendroica striata, Blackpoll Warbler Pooecetes gramineus, Vesper Sparrow Dendroica cerulea, Cerulean Warbler Chondestes grammacus, Lark Sparrow Dendroica angelae, Elfin-woods Warbler Amphispiza quinquestriata, Five-striped Mniotilta varia, Black-and-white Warbler Sparrow Setophaga ruticilla, American Redstart Amphispiza bilineata, Black-throated Spar- Protonotaria citrea, Prothonotary Warbler row Helmitheros vermivorum, Worm-eating War- Amphispiza belli, Sage Sparrow bler Calamospiza melanocorys, Lark Bunting Limnothlypis swainsonii, Swainson’s War- Passerculus sandwichensis, Savannah Spar- bler row Seiurus aurocapilla, Ovenbird Ammodramus savannarum, Grasshopper Parkesia noveboracensis, Northern Sparrow Waterthrush Ammodramus bairdii, Baird’s Sparrow Parkesia motacilla, Louisiana Waterthrush Ammodramus henslowii, Henslow’s Sparrow Oporornis formosus, Kentucky Warbler Ammodramus leconteii, Le Conte’s Sparrow Oporornis agilis, Connecticut Warbler Ammodramus nelsoni, Nelson’s Sparrow Oporornis philadelphia, Mourning Warbler Ammodramus caudacutus, Saltmarsh Spar- Oporornis tolmiei, MacGillivray’s Warbler row Geothlypis trichas, Common Yellowthroat Ammodramus maritimus, Seaside Sparrow

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Passerella iliaca, Fox Sparrow Icterus portoricensis, Puerto Rican Oriole Melospiza melodia, Song Sparrow Icterus wagleri, Black-vented Oriole Melospiza lincolnii, Lincoln’s Sparrow Icterus spurius, Orchard Oriole Melospiza georgiana, Swamp Sparrow Icterus cucullatus, Hooded Oriole Zonotrichia albicollis, White-throated Spar- Icterus pustulatus, Streak-backed Oriole row Icterus bullockii, Bullock’s Oriole Zonotrichia querula, Harris’s Sparrow Icterus gularis, Altamira Oriole Zonotrichia leucophrys, White-crowned Icterus graduacauda, Audubon’s Oriole Sparrow Icterus galbula, Baltimore Oriole Zonotrichia atricapilla, Golden-crowned Icterus parisorum, Scott’s Oriole Sparrow Family FRINGILLIDAE Junco hyemalis, Dark-eyed Junco Subfamily FRINGILLINAE Junco phaeonotus, Yellow-eyed Junco Fringilla coelebs, Common Chaffinch Emberiza leucocephalos, Pine Bunting Fringilla montifringilla, Brambling Emberiza chrysophrys, Yellow-browed Bun- Subfamily EUPHONIINAE ting Euphonia musica, Antillean Euphonia Emberiza pusilla, Little Bunting Subfamily CARDUELINAE Emberiza rustica, Rustic Bunting Leucosticte tephrocotis, Gray-crowned Rosy- Emberiza elegans, Yellow-throated Bunting Finch Emberiza aureola, Yellow-breasted Bunting Leucosticte atrata, Black Rosy-Finch Emberiza variabilis, Gray Bunting Leucosticte australis, Brown-capped Rosy- Emberiza pallasi, Pallas’s Bunting Finch Emberiza schoeniclus, Reed Bunting Pinicola enucleator, Pine Grosbeak Family CARDINALIDAE Carpodacus erythrinus, Common Rosefinch Piranga flava, Hepatic Tanager Carpodacus purpureus, Purple Finch Piranga rubra, Summer Tanager Carpodacus cassinii, Cassin’s Finch Piranga olivacea, Scarlet Tanager Carpodacus mexicanus, House Finch Piranga ludoviciana, Western Tanager Loxia curvirostra, Red Crossbill Piranga bidentata, Flame-colored Tanager Loxia leucoptera, White-winged Crossbill Rhodothraupis celaeno, Crimson-collared Acanthis flammea, Common Redpoll Grosbeak Acanthis hornemanni, Hoary Redpoll Cardinalis cardinalis, Northern Cardinal Spinus spinus, Eurasian Siskin Cardinalis sinuatus, Pyrrhuloxia Spinus pinus, Pine Siskin Pheucticus chrysopeplus, Yellow Grosbeak Spinus psaltria, Lesser Goldfinch Pheucticus ludovicianus, Rose-breasted Spinus lawrencei, Lawrence’s Goldfinch Grosbeak Spinus tristis, American Goldfinch Pheucticus melanocephalus, Black-headed Chloris sinica, Oriental Greenfinch Grosbeak Pyrrhula pyrrhula, Eurasian Bullfinch Cyanocompsa parellina, Blue Bunting Coccothraustes vespertinus, Evening Passerina caerulea, Blue Grosbeak Grosbeak Passerina amoena, Lazuli Bunting Coccothraustes coccothraustes, Hawfinch Passerina cyanea, Indigo Bunting Subfamily DREPANIDINAE Passerina versicolor, Varied Bunting Telespiza cantans, Laysan Finch Passerina ciris, Painted Bunting Telespiza ultima, Nihoa Finch Spiza americana, Dickcissel Psittirostra psittacea, Ou Family ICTERIDAE Loxioides bailleui, Palila Dolichonyx oryzivorus, Bobolink Pseudonestor xanthophrys, Maui Parrotbill Agelaius phoeniceus, Red-winged Blackbird Hemignathus virens, Hawaii Amakihi Agelaius tricolor, Tricolored Blackbird Hemignathus flavus, Oahu Amakihi Agelaius humeralis, Tawny-shouldered Hemignathus kauaiensis, Kauai Amakihi Blackbird Hemignathus ellisianus, Greater Akialoa Agelaius xanthomus, Yellow-shouldered Hemignathus lucidus, Nukupuu Blackbird Hemignathus munroi, Akiapolaau Sturnella magna, Eastern Meadowlark Magumma parva, Anianiau Western Meadowlark Sturnella neglecta, Oreomystis bairdi, Akikiki Xanthocephalus xanthocephalus, Yellow- Oreomystis mana, Hawaii Creeper headed Blackbird Paroreomyza maculata, Oahu Alauahio Euphagus carolinus, Rusty Blackbird Paroreomyza flammea, Kakawahie Euphagus cyanocephalus, Brewer’s Black- Paroreomyza montana, Maui Alauahio bird Loxops caeruleirostris, Akekee Quiscalus quiscula, Common Grackle Loxops coccineus, Akepa Quiscalus major, Boat-tailed Grackle Vestiaria coccinea, Iiwi Quiscalus mexicanus, Great-tailed Grackle Palmeria dolei, Akohekohe Quiscalus niger, Greater Antillean Grackle Himatione sanguinea, Apapane Molothrus bonariensis, Shiny Cowbird Melamprosops phaeosoma, Poo-uli Molothrus aeneus, Bronzed Cowbird Molothrus ater, Brown-headed Cowbird [78 FR 65850, Nov. 1, 2013]

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Subpart C—Addresses Law enforcement Region office telephone number § 10.21 Director. (a) Mail forwarded to the Director for 6 ...... 303–236–7540 7 ...... 907–786–3311 law enforcement purposes should be ad- 8 ...... 916–414–6660 dressed: Chief, Division of Law En- forcement, U.S. Fish and Wildlife Serv- (b) Any resident or official of a for- ice, P.O. Box 3247, Arlington, VA 22203– eign country may contact the Service’s 3247. Headquarters Office of Law Enforce- (b) Mail sent to the Director regard- ment at the address provided at 50 CFR ing permits for the Convention on 2.1(b) or by telephone at 703–358–1949. International Trade in Endangered Species of Wild Fauna and Fauna [78 FR 35151, June 12, 2013, as amended at 79 (CITES), injurious wildlife, Wild Bird FR 43964, July 29, 2014] Conservation Act species, international movement of all ESA-listed endangered PART 11—CIVIL PROCEDURES or threatened species, and scientific research on, exhibition of, or interstate Subpart A—Introduction commerce in nonnative ESA-listed endangered and threatened species should Sec. be addressed to: Director, U.S. Fish and 11.1 Purpose of regulations. Wildlife Service, (Attention: Office of 11.2 Scope of regulations. Management Authority), 4401 N. Fair- 11.3 Filing of documents. fax Drive, Room 700, Arlington, VA 22203. Address mail for the following Subpart B—Assessment Procedure permits to the Regional Director. In 11.11 Notice of violation. the address include one of the fol- 11.12 Petition for relief. lowing: for import/export licenses and 11.13 Decision by the Director. exception to designated port permits 11.14 Notice of assessment. (Attention: Import/export license); for 11.15 Request for a hearing. native endangered and threatened spe- 11.16 Final administrative decision. cies (Attention: Endangered/threatened 11.17 Payment of final assessment. species permit); and for migratory birds and eagles (Attention: Migratory Subpart C—Hearing and Appeal bird permit office). You can find ad- Procedures dresses for regional offices at 50 CFR 2.2. 11.21 Commencement of hearing procedures. 11.22 Appearance and practice. [55 FR 48851, Nov. 23, 1990, as amended at 63 11.23 Hearings. FR 52633, Oct. 1, 1998] 11.24 Final administrative action. § 10.22 Law enforcement offices. 11.25 Appeal. 11.26 Reporting service. (a) Service law enforcement offices are located in Service regional offices. AUTHORITY: Lacey Act, 83 Stat. 279–281, 18 Regional office addresses are provided U.S.C. 42–44; Lacey Act Amendments of 1981, at 50 CFR 2.2. Mail should be addressed 95 Stat. 1073–1080, 16 U.S.C. 3371 et seq.; Bald to ‘‘Special Agent in Charge, Office of Eagle Protection Act, sec. 2, 54 Stat. 251, 16 U.S.C. 668a; Endangered Species Act of 1973, Law Enforcement, U.S. Fish and Wild- sec. 11(f), 87 Stat. 884, 16 U.S.C. 1540(f); Ma- life Service’’ at the appropriate re- rine Mammal Protection Act of 1972, sec. gional office address. Telephone num- 112(a), 86 Stat. 1042, 16 U.S.C. 1382. bers for Service law enforcement offices follow: SOURCE: 39 FR 1159, Jan. 4, 1974, unless otherwise noted. Law enforcement Region office telephone EDITORIAL NOTE: Nomenclature changes to number part 11 appear at 67 FR 38208, June 3, 2002. 1 ...... 503–231–6125 2 ...... 505–248–7889 3 ...... 612–713–5320 4 ...... 404–679–7057 5 ...... 413–253–8274

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Subpart A—Introduction istered or certified mail, return receipt requested, upon the person believed to § 11.1 Purpose of regulations. be subject to a civil penalty (the re- The regulations contained in this spondent). The notice shall contain: (1) part provide uniform rules and proce- A concise statement of the facts be- dures for the assessment of civil pen- lieved to show a violation, (2) a specific alties in connection with violations of reference to the provisions of the stat- certain laws and regulations enforced ute or regulation allegedly violated, by the Service. and (3) the amount of penalty proposed to be assessed. The notice may also § 11.2 Scope of regulations. contain an initial proposal for com- The regulations contained in this promise or settlement of the case. The part apply only to actions arising notice shall also advise the respondent under the following laws and regula- of his right to file a petition for relief tions issued thereunder: pursuant to § 11.12, or to await the Di- Lacey Act, 18 U.S.C. 43; rector’s notice of assessment. Lacey Act Amendments of 1981, 16 U.S.C. 3371 (b) The respondent shall have 45 days et seq.; from the date of the notice of violation Bald Eagle Protection Act, 16 U.S.C. 668–668d; in which to respond. During this time Endangered Species Act of 1973, 87 Stat. 884, he may: 16 U.S.C. 1531 et seq.; and Marine Mammal Protection Act of 1972, 16 U.S.C. 1361–1384 (1) Undertake informal discussions and 1401–1407. with the Director; (2) Accept the proposed penalty, or [47 FR 56860, Dec. 21, 1982] the compromise, if any, offered in the § 11.3 Filing of documents. notice; (a) Whenever a document or other (3) File a petition for relief; or paper is required to be filed under this (4) Take no action, and await the Di- part within a certain time, such docu- rector’s decision, pursuant to § 11.13. ment or paper will be considered filed (c) Acceptance of the proposed pen- as of the date of the postmark if alty or the compromise shall be mailed, or the date actually delivered deemed to be a waiver of the notice ef to the office where filing is required. assessment required by § 11.14, and of The time periods set forth in this part the opportunity for a hearing. Any shall begin to run as of the day fol- counter offer of settlement shall be lowing the date of the document or deemed a rejection of the proposed other paper. offer of compromise. (b) If an oral or written application is made to the Director up to 10 calendar § 11.12 Petition for relief. days after the expiration of a time pe- If the respondent so chooses he may riod established in this part for the re- ask that no penalty be assessed or that quired filing of documents or other pa- the amount be reduced, and he may pers, the Director may permit a late filing within a fixed period where rea- admit or contest the legal sufficiency sonable grounds are found for an in- of the charge and the Director’s allega- ability or failure to file within the tions of facts, by filing a petition for time period required. All such exten- relief (hereinafter ‘‘petition’’) with the sions shall be in writing. Except as pro- Director at the address specified in the vided in this subsection, no other re- notice within 45 days of the date there- quests for an extension of time may be of. The petition shall be in writing and granted. signed by the respondent. If the respondent is a corporation, the petition Subpart B—Assessment Procedure must be signed by an officer authorized to sign such documents. It must set § 11.11 Notice of violation. forth in full the legal or other reasons (a) A notice of violation (hereinafter for the relief. ‘‘notice’’), shall be issued by the Direc- tor and served personally or by reg-

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§ 11.13 Decision by the Director. the matter shall be as provided in subpart C of this part. Upon expiration of the period required or granted for filing of a peti- § 11.17 Payment of final assessment. tion for relief, the Director shall pro- When a final administrative decision ceed to make an assessment of a civil becomes effective in accordance with penalty, taking into consideration in- this part 11, the respondent shall have formation available to him and such 20 calendar days from the date of the showing as may have been made by the final administrative decision within respondent, either pursuant to § 11.11 or which to make full payment of the pen- § 11.12, or upon further request of the alty assessed. Payment will be timely Director. only if received in Office of the Direc- tor during normal business hours, on or § 11.14 Notice of assessment. before the 20th day. Upon a failure to The Director shall notify the re- pay the penalty, the Solicitor of the spondent by a written notice of assess- Department may request the Attorney ment, by personal service or by reg- General to institute a civil action in istered or certified mail, return receipt the U.S. District Court to collect the requested, of his decision pursuant to penalty. § 11.13. He shall set forth therein the facts and conclusions upon which he Subpart C—Hearing and Appeal decided that the violation did occur Procedures and appropriateness of the penalty assessed. § 11.21 Commencement of hearing procedures. § 11.15 Request for a hearing. Proceedings under this subpart are Except where a right to request a commenced upon the timely filing with hearing is deemed to have been waived the Hearings Division of a request for a as provided in § 11.11, the respondent hearing, as provided in § 11.15 of sub- may, within 45 calendar days from the part B. Upon receipt of a request for a date of the notice of assessment re- hearing, the Hearings Division will as- ferred to in § 11.14, file a dated, written sign an administrative law judge to the request for a hearing with the Hearings case. Notice of assignment will be Division, Office of Hearings and Ap- given promptly to the parties, and peals, U.S. Department of the Interior, thereafter, all pleadings, papers, and 801 North Quincy Street, Arlington, other documents in the proceeding Virginia 22203. The request should state shall be filed directly with the admin- the respondent’s preference as to the istrative law judge, with copies served on the opposing party. place and date for a hearing. The request must enclose a copy of the notice § 11.22 Appearance and practice. of violation and notice of assessment. A copy of the request shall be served (a) Subject to the provisions of 43 CFR 1.3, the respondent may appear in upon the Director personally or by reg- person, by representative, or by coun- istered or certified mail, return receipt sel, and may participate fully in these requested, at the address specified in proceedings. the notice. (b) Department counsel designated by the Solicitor of the Department shall § 11.16 Final administrative decision. represent the Director in these pro- (a) Where no request for a hearing is ceedings. Upon notice to the Director filed as provided in § 11.15 the Direc- of the assignment of an administrative tor’s assessment shall become effective law judge to the case, said counsel and shall constitute the final adminis- shall enter his appearance on behalf of trative decision of the Secretary on the the Director and shall file all petitions 45th calendar day from the date of the and correspondence exchanged by the notice of assessment. Director and the respondent pursuant (b) If a request for a hearing is timely to subpart B of this part, which shall filed in accordance with § 11.15, the date become part of the hearing record. of the final administrative decision in Thereinafter, service upon the Director

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in these proceedings shall be made to provisions of subpart G of the Depart- his counsel. ment Hearings and Appeals Procedures in 43 CFR part 4 shall apply to appeal § 11.23 Hearings. proceedings under this subpart. The de- (a) The administrative law judge termination of the board to grant or shall have all powers accorded by law deny an appeal, as well as its decision and necessary to preside over the par- on the merits of an appeal, shall be in ties and the proceedings and to make writing and become effective as the decisions in accordance with 5 U.S.C. final administrative determination of 554–557. Failure to appear at the time the Secretary in the proceeding on the set for hearing shall be deemed a waiv- date it is rendered, unless otherwise er of the right to a hearing and consent specified therein. to the making of a decision on the record made at the hearing. Copies of § 11.26 Reporting service. the transcript may be inspected or cop- Copies of decisions in civil penalty ied. proceedings instituted under statutes (b) The transcript of testimony, the referred to in subpart A of this part exhibits, and all papers, documents, and rendered subsequent to June 3, and requests filed in the proceedings, 1970, may be obtained by letter of re- shall constitute the record for decision. quest addressed to the Director, Office The judge will render a written deci- of Hearings and Appeals, U.S. Depart- sion upon the record, which shall set ment of the Interior, 801 North Quincy forth his findings of fact and conclu- Street, Arlington, Virginia 22203. Fees sions of law, and the reasons and basis for this service shall be as established therefor, and an assessment of a pen- by the Director of that Office. alty, if any.

§ 11.24 Final administrative action. PART 12—SEIZURE AND FORFEITURE Unless a notice of request for an ap- PROCEDURES peal is filed in accordance with § 11.25 Subpart A—General Provisions of this subpart C, the administrative law judge’s decision shall constitute Sec. the final administrative determination 12.1 Purpose of regulations. of the Secretary in the matter and 12.2 Scope of regulations. shall become effective 30 calendar days 12.3 Definitions. from the date of the decision. 12.4 Filing of documents. 12.5 Seizure by other agencies. § 11.25 Appeal. 12.6 Bonded release. (a) Either the respondent or the Di- Subpart B—Preliminary Requirements rector may seek an appeal from the decision of an administrative law judge 12.11 Notification of seizure. rendered subsequent to January 1, 1974, 12.12 Appraisement. by the filing of a ‘‘Notice of Request Subpart C—Forfeiture Proceedings for Appeal’’ with the Director, Office of Hearings and Appeals, U.S. Department 12.21 Criminal prosecutions. of the Interior, 801 North Quincy 12.22 Civil actions to obtain forfeiture. Street, Arlington, Virginia 22203, with- 12.23 Administrative forfeiture proceedings. in 30 calendar days of the date of the 12.24 Petition for remission of forfeiture. 12.25 Transfers in settlement of civil pen- administrative law judge’s decision. alty claims. Such notice shall be accompanied by proof of service on the administrative Subpart D—Disposal of Forfeited or law judge and the opposing party. Abandoned Property (b) Upon receipt of such a request, the Director, Office of Hearings and 12.30 Purpose. Appeals, shall appoint an ad hoc ap- 12.31 Accountability. 12.32 Effect of prior illegality. peals board to determine whether an 12.33 Disposal. appeal should be granted, and to hear 12.34 Return to the wild. and decide an appeal. To the extent 12.35 Use by the Service or transfer to an- they are not inconsistent herewith, the other government agency for official use.

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12.36 Donation or loan. (f) The Black Bass Act, 16 U.S.C. 851 12.37 Sale. et seq.; 12.38 Destruction. (g) The Marine Mammal Protection 12.39 Information on property available for Act, 16 U.S.C. 1361 et seq.; disposal. (h) The Endangered Species Act, 16 Subpart E—Restoration of Proceeds and U.S.C. 1531 et seq.; and Recovery of Storage Costs (i) The Lacey Act, 18 U.S.C. 43–44. (j) The Lacey Act Amendments of 12.41 Petition for restoration of proceeds. 1981, 16 U.S.C. 3371 et seq. 12.42 Recovery of certain storage costs. [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May Subpart F—Return of Property 14, 1980, as amended at 47 FR 56860, Dec. 21, 1982] 12.51 Return procedure.

AUTHORITY: Act of September 6, 1966, 5 § 12.3 Definitions. U.S.C. 301; Bald and Golden Eagles Protec- (a) As used in this part: tion Act, 16, U.S.C. 668–668b; National Wild- (1) Attorney General means the Attor- life Refuge System Administration Act, 16 ney General of the United States or an U.S.C. 668dd(e)–(f); Migratory Bird Treaty authorized representative; Act, 16 U.S.C. 704, 706–707, 712; Migratory Bird Hunting and Conservation Stamp Act, (2) Disposal includes, but is not lim- 16 U.S.C. 718f–718g; Fish and Wildlife Act of ited to, remission, return to the wild, 1956 [Airborne Hunting Amendments], 16 use by the Service or transfer to an- U.S.C. 742j–l(d)–(f); Black Bass Act, 16 U.S.C. other government agency for official 852d–853; Marine Mammal Protection Act of use, donation or loan, sale, or destruc- 1972, 16 U.S.C. 1375–1377, 1382; Endangered tion. Species Act of 1973, 16 U.S.C. 1540; Lacey Act, (3) Domestic value means the price at 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073–1080, 16 U.S.C. 3371 et seq.; which the seized property or similar Tariff Act of 1930, 19 U.S.C. 1602–1624; Fish property is freely offered for sale at the and Wildlife Improvement Act of 1978, 16 time and place of appraisement, in the U.S.C. 742l; Exotic Organisms, E.O. 11987, 42 same quantity or quantities as seized, FR 26949; American Indian Religious Free- and in the oridinary course of trade. If dom Act, 42 U.S.C. 1996. there is no market for the seized prop- SOURCE: 45 FR 17864, Mar. 19, 1980, unless erty at the place of appraisement, such otherwise noted. value in the principal market nearest to the place of appraisement shall be Subpart A—General Provisions reported. (4) Solicitor means the Solicitor of the § 12.1 Purpose of regulations. Department of the Interior or an au- The regulations of this part establish thorized representative. procedures relating to property seized (b) The definitions of paragraph (a) of or subject to forfeiture under various this section are in addition to, and not laws enforced by the Service. in lieu of, those contained in §§ 1.1 through 1.8 and 10.12 of this title. § 12.2 Scope of regulations. [45 FR 17864, Mar. 19, 1980, as amended at 47 Except as hereinafter provided, the FR 17525, Apr. 23, 1982] regulations of this part apply to all property seized or subject to forfeiture § 12.4 Filing of documents. under any of the following laws: (a) Whenever any document is re- (a) The Eagle Protection Act, 16 quired by this part to be filed or served U.S.C. 668 et seq.; within a certain period of time, such (b) The National Wildlife Refuge Sys- document will be considered filed or tem Administration Act, 16 U.S.C. served as of the date of receipt by the 668dd et seq.; party with or upon whom filing or serv- (c) The Migratory Bird Treaty Act, 16 ice is required. The time periods estab- U.S.C. 703 et seq.; lished by this part shall begin to run (d) The Migratory Bird Hunting on the day following the date of filing Stamp Act, 16 U.S.C. 718 et seq.; or service. (e) The Airborne Hunting Act, 16 (b) If an oral or written application is U.S.C. 742j–1; made before the expiration of a time

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period established by this part, an ex- Subpart B—Preliminary tension of such period for a fixed num- Requirements ber of days may be granted where there are reasonable grounds for the failure § 12.11 Notification of seizure. to file or serve the document within Except where the owner or consignee the period required. Any such exten- is personally notified or seizure is sion shall be in writing. Except as pro- made pursuant to a search warrant, the vided in this paragraph, no other re- Service shall, as soon as practicable quests for an extension shall be grant- following the seizure or other receipt of ed. seized wildlife or other property, mail a notification of seizure by registered § 12.5 Seizure by other agencies. or certified mail, return receipt re- Any authorized employee or officer of quested, to the owner or consignee, if any other Federal agency who has known or easily ascertainable. Such notification shall describe the seized seized any wildlife or other property wildlife or other property, and shall under any of the laws listed in § 12.2 state the time, place, and reason for will, if so requested, deliver such sei- the seizure. zure to the appropriate Special Agent in Charge designated in § 10.22 of this § 12.12 Appraisement. title, or to an authorized designee, who The Service shall determine the shall either hold such seized wildlife or value of any cargo, of a vessel or other other property or arrange for its proper conveyance employed in unlawful tak- handling and care. ing, seized under the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., § 12.6 Bonded release. and the value of any property seized (a) Subject to the conditions set under the Endangered Species Act, 16 forth in paragraphs (b) and (c) of this U.S.C. 1531 et seq.; Eagle Protection section, and to such additional condi- Act, 16 U.S.C. 668 et seq.; Airborne tions as may be appropriate, the Serv- Hunting Act, 16 U.S.C. 742j–1, et seq.; or ice, in its discretion, may accept an ap- the Lacey Act Amendments of 1981, 16 pearance bond or other security (in- U.S.C. 3371 et seq. If the seized property cluding, but not limited to, payment of may lawfully be sold in the United the value as determined under § 12.12) States, its domestic value shall be de- in place of any property seized under termined in accordance with § 12.3. If the seized property may not lawfully the Endangered Species Act, 16 U.S.C. be sold in the United States, its value 1531 et seq.; Marine Mammal Protection shall be determined by other reason- Act, 16 U.S.C. 1361 Lacey Act, 18 et seq.; able means. U.S.C. 43; Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Airborne [47 FR 56860, Dec. 21, 1982] Hunting Act, 16 U.S.C. 742j–1; or Eagle Protection Act, 16 U.S.C. 668 et seq. Subpart C—Forfeiture Proceedings (b) Property may be released under this section only to the owner or con- § 12.21 Criminal prosecutions. signee. If property is subject to criminal for- (c) Property may be released under feiture, such forfeiture will be obtained this section only if possession thereof in accordance with the Federal Rules of will not violate or frustrate the pur- Criminal Procedure. pose or policy of any applicable law or § 12.22 Civil actions to obtain for- regulation. feiture. [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May The Solicitor may request the Attor- 14, 1980, as amended at 47 FR 56860, Dec. 21, ney General to file a civil action to ob- 1982] tain forfeiture of any property subject to forfeiture under the Airborne Hunt- ing Act, 16 U.S.C. 742j–1; Lacey Act, 18 U.S.C. 43–44; Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Black Bass

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Act, 16 U.S.C. 851 et seq.; Marine Mam- cated on the notice. In addition to mal Protection Act, 16 U.S.C. 1361 et newspaper publication or posting, a seq.; Migratory Bird Treaty Act, 16 reasonable effort shall be made to U.S.C. 703 et seq.; Migratory Bird Hunt- serve the notice personally or by reg- ing Stamp Act, 16 U.S.C. 718 et seq.; istered or certified mail, return receipt Eagle Protection Act, 16 U.S.C. 668 et requested, on each person whose where- seq.; or Endangered Species Act, 16 abouts and interest in the seized prop- U.S.C. 1531 et seq. Before any such ac- erty are known or easily ascertainable. tion is filed against property subject to (B) Contents. The notice shall be in forfeiture under the Lacey Act, 18 substantially the same form as a com- U.S.C. 43, or against property, other plaint for forfeiture filed in United than the cargo of a vessel or other con- States District Court. The notice shall veyance employed in unlawful taking, describe the property, including, in the subject to forfeiture under the Marine case of motor vehicles, the license, reg- Mammal Protection Act, 16 U.S.C. 1361 istration, motor, and serial numbers. et seq., a civil penalty must first be assessed in accordance with the statute The notice shall state the time and and applicable regulations, and no such place of seizure, as well as the reason action may be filed more than 30 days therefor, and shall specify the value of after the conclusion of civil penalty as- the property as determined under sessment proceedings. § 12.12. The notice shall contain a specific reference to the provisions of the [47 FR 56860, Dec. 21, 1982] laws or regulations allegedly violated and under which the property is sub- § 12.23 Administrative forfeiture proceedings. ject to forfeiture. The notice shall state that any person desiring to claim (a) When authorized. Whenever any the property must file a claim and a property subject to forfeiture under the bond in accordance with paragraph Eagle Protection Act, 16 U.S.C. 668 et (b)(2) of this section, and shall state seq., or Airborne Hunting Act, 16 U.S.C. that if a proper claim and bond are not 742j–1, or any wildlife or plant subject received by the proper office within the to forfeiture under the Endangered time prescribed by such paragraph, the Species Act, 16 U.S.C. 1531 et seq., or any fish, wildlife or plant subject to property will be declared forfeited to forfeiture under the Lacey Act Amend- the United States and disposed of ac- ments of 1981, 16 U.S.C. 3371 et seq., is cording to law. The notice shall also determined under § 12.12 to have a value advise interested persons of their right not greater than $100,000, the Solicitor to file a petition for remission of for- may obtain forfeiture of such property feiture in accordance with § 12.24. in accordance with this section. (2) Filing a claim and bond. Upon (b) Procedure—(1) Notice of proposed issuance of the notice of proposed for- forfeiture. As soon as practicable fol- feiture, any person claiming the seized lowing seizure, the Solicitor shall issue property may file with the Solicitor’s a notice of proposed forfeiture. office indicated in the notice a claim to (A) Publication. The notice shall be the property and a bond in the penal published once a week for at least sum of $5,000, or ten per centum of the three successive weeks in a newspaper value of the claimed property, which- of general circulation in the locality ever is lower, but not less than $250. where the property was seized. If the Any claim and bond must be received value of the seized property as deter- in such office within 30 days after the mined under § 12.12 does not exceed date of first publication or posting of $1000, the notice may be published by the notice of proposed forfeiture. The posting, instead of newspaper publica- claim shall state the claimant’s inter- tion, for at least three successive est in the property. The bond filed with weeks in a conspicuous place accessible the claim shall be on a United States to the public at the Service’s enforce- Customs Form 4615 or on a similar ment office, the U.S. District Court or form provided by the Department. the U.S. Customhouse nearest the There shall be endorsed on the bond a place of seizure. In cases of posting, the list or schedule in substantially the date of initial posting shall be indi- following form which shall be signed by

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the claimant in the presence of the wit- factors which would automatically ter- nesses to the bond, and attested by the minate the stay, and any requirement witnesses: for a bond (including amount) to secure the payment of storage and other List or schedule containing a particular description of seized article, claim for which maintenance costs. If a motion for stay is covered by the within bond, to wit: is denied, or if a stay is terminated for llllllllllllllllllllllll any reason, the claimant must file, if llllllllllllllllllllllll he or she has not already done so, a The foregoing list is correct. claim and bond in accordance with Claimant llllllllll paragraph (b)(2) of this section not Attest: llllllllll later than 30 days after receipt of the Solicitor’s Office denial or termination The claim and bond referred to in this order. Failure to file the claim and paragraph shall not entitle the claim- bond within 30 days will result in sum- ant or any other person to possession mary foreiture under paragraph (c) of of the property. (3) Transmittal to Attorney General. As this section. (c) If a proper soon as practicable after timely receipt Summary forfeiture. by the proper office of a proper claim claim and bond are not received by the and bond in accordance with paragraph proper office within 30 days as specified (b)(2) of this section, the Solicitor shall in paragraph (b)(2) of this section, the transmit such claim and bond to the Solicitor shall declare the property for- Attorney General for institution of forfeited. The declaration of forfeiture feiture proceedings in U.S. District shall be in writing, and shall be sent by Court. registered or certified mail, return re- (4) Motion for stay. Upon issuance of ceipt requested, to the Service and to the notice of proposed forfeiture, any each person whose whereabouts and person claiming the seized property prior interest in the seized property are may file with the Solicitor’s regional known or easily ascertainable. The dec- or field office indicated in the notice a laration shall be in substantially the motion to stay administrative for- same form as a default judgment of forfeiture proceedings. Any motion for feiture entered in United States Dis- stay must be filed within 30 days after trict Court. The declaration shall de- the date of first publication or posting scribe the property and state the time, of the notice of the proposed forfeiture. place, and reason for its seizure. The Each motion must contain: declaration shall identify the notice of (i) The claimant’s verified statement proposed forfeiture, describing the showing that he or she holds absolute, dates and manner of publication of the fee simple title to the seized property, notice and any efforts made to serve free and clear of all liens, encum- the notice personally or by mail. The brances, security interests, or other declaration shall state that in response third-party interests, contingent or to the notice a proper claim and bond vested; and (ii) the claimant’s offer to were not timely received by the proper pay in advance all reasonable costs an- office from any claimant, and that ticipated to be incurred in the storage, therefore all potential claimants are care, and maintenance of the seized deemed to admit the truth of the alle- property for which administrative for- gations of the notice. The declaration feiture is sought. Where a stay of ad- shall conclude with an order of con- ministrative forfeiture proceedings demnation and forfeiture of the prop- would not injure or impair the rights of erty to the United States for disposi- any third parties and where the claim- tion according to law. ant has agreed to pay in advance an- [45 FR 17864, Mar. 19, 1980, as amended at 46 ticipated, reasonable storage costs as- FR 44759, Sept. 8, 1981; 47 FR 56860, Dec. 21, sociated with the granting of a stay, 1982; 50 FR 6350, Feb. 15, 1985] the Regional or Field Solicitor as appropriate may, in his discretion, grant § 12.24 Petition for remission of for- the motion for stay and specify reason- feiture. able and prudent conditions therefor, (a) Any person who has an interest in including but not limited to the dura- cargo, of a vessel or other conveyance tion of the stay, a description of the employed in unlawful taking, subject

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to forfeiture under the Marine Mam- discontinuance of any proceeding under mal Protection Act, 16 U.S.C. 1361 et § 12.23 seq., or any person who has an interest (g) If the Solicitor decides that relief in any property subject to forfeiture should not be granted, the Solicitor under the Endangered Species Act, 16 shall so notify the petitioner in writ- U.S.C. 1531 et seq.; Eagle Protection ing, stating in the notification the rea- Act, 16 U.S.C. 668 et seq.; Airborne sons for denying relief. The petitioner Hunting Act, 16 U.S.C. 742j–1; or the may then file a supplemental petition, Lacey Act Amendments of 1981, 16 but no supplemental petition shall be U.S.C. 3371 et seq., or any person who considered unless it is received within has incurred or is alleged to have in- 60 days from the date of the Solicitor’s curred a forfeiture of any such prop- notification denying the original peti- erty, may file with the Solicitor or, tion. when forfeiture proceedings have been [45 FR 17864, Mar. 19, 1980, as amended at 47 brought in U.S. District Court, the At- FR 56861, Dec. 21, 1982] torney General, a petition for remission of forfeiture. § 12.25 Transfers in settlement of civil (b) A petition filed with the Solicitor penalty claims. need not be in any particular form, but In the discretion of the Solicitor, an it must be received before disposition owner of wildlife or plants who may be of the property and must contain the liable for civil penalty under the En- following: dangered Species Act, 16 U.S.C. 1531 et (1) A description of the property; seq.; Lacey Act, 18 U.S.C. 43; Lacey Act (2) The time and place of seizure; Amendments of 1981, 16 U.S.C. 3371 et (3) Evidence of the petitioner’s inter- seq.; Eagle Protection Act, 16 U.S.C. 668 est in the property, including con- et seq.; or Marine Mammal Protection tracts, bills of sale, invoices, security Act, 16 U.S.C. 1361 et seq., may be given interests, certificates of title, and an opportunity to completely or par- other satisfactory evidence; and tially settle the civil penalty claim by (4) A statement of all facts and cir- transferring to the United States all cumstances relied upon by the peti- right, title, and interest in any wildlife tioner to justify remission of the for- or plants that are subject to forfeiture. feiture. Such transfer may be accomplished by (c) The petition shall be signed by the owner’s execution and return of a the petitioner or the petitioner’s attor- U.S. Customs Form 4607 or a similar ney at law. If the petitioner is a cor- compromise transfer of property in- poration, the petition must be signed strument provided by the Department. by an authorized officer, supervisory [47 FR 56861, Dec. 21, 1982] employee, or attorney at law, and the corporate seal shall be properly affixed to the signature. Subpart D—Disposal of Forfeited (d) A false statement in the petition or Abandoned Property may subject the petitioner to prosecu- tion under title 18, U.S. Code, section SOURCE: 47 FR 17525, Apr. 23, 1982, unless 1001. otherwise noted. (e) Upon receiving the petition, the Solicitor shall decide whether or not to § 12.30 Purpose. grant relief. In making a decision, the Upon forfeiture or abandonment of Solicitor shall consider the informa- any property to the United States tion submitted by the petitioner, as under this part the Director shall dis- well as any other available information pose of such property under the provi- relating to the matter. sions of this subpart D. (f) If the Solicitor finds the existence of such mitigating circumstances as to § 12.31 Accountability. justify remission or mitigation of the All property forfeited or abandoned forfeiture or alleged forfeiture, the So- under this part must be accounted for licitor may remit or mitigate the same in official records. These records must upon such terms and conditions as may include the following information: be reasonable and just or may order (a) A description of the item.

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(b) The date and place of the item’s in accordance with current Federal seizure (if any) and forfeiture or aban- Property Management Regulations (41 donment. CFR chapter 101) and Interior Property (c) The investigative case file number Management Regulations (41 CFR with which the item was associated. chapter 114), unless the item is the sub- (d) The name of any person known to ject of a petition for remission of for- have or to have had an interest in the feiture under § 12.24 of this part, or dis- item. posed of by court order. (e) The date, place, and manner of (c) The Director shall dispose of prop- the item’s initial disposal. erty according to the following sched- (f) Name of the official responsible ule, unless the property is the subject for the initial disposal. of a petition for remission of forfeiture (g) Domestic value of the property. under § 12.24 of this part: § 12.32 Effect of prior illegality. (1) Any live wildlife or plant and any wildlife or plant that the Director de- The effect of any prior illegality on a termines is liable to perish, deterio- subsequent holder of any wildlife or rate, decay, waste, or greatly decrease plant disposed of or subject to disposal in value by keeping, or that the ex- is terminated upon forfeiture or aban- pense of keeping is disproportionate to donment, but the prohibitions, restric- its value may be disposed of imme- tions, conditions, or requirements diately after forfeiture or abandon- which apply to a particular species of ment; and wildlife or plant under the laws or regulations of the United States or any (2) All other property may be dis- State, including any applicable con- posed of no sooner than 60 days after servation, health, quarantine, agricul- forfeiture or abandonment. tural, or Customs laws or regulations (d) If the property is the subject of a remain in effect as to the conduct of petition for remission of forfeiture such holder. under § 12.24 of this part, the Director may not dispose of the property until § 12.33 Disposal. the Solicitor or Attorney General (a) The Director shall dispose of any makes a final decision not to grant re- wildlife or plant forfeited or abandoned lief. under the authority of this part, sub- § 12.34 Return to the wild. ject to the restrictions provided in this subpart, by one of the following means, (a) Any live member of a native spe- unless the item is the subject of a peti- cies of wildlife which is capable of sur- tion for remission of forfeiture under viving may be released to the wild in § 12.24 of this part, or disposed of by suitable habitat within the historical court order: range of the species in the United (1) Return to the wild; States with the permission of the land- (2) Use by the Service or transfer to owner, unless release poses an immi- another government agency for official nent danger to public health or safety. use; (b) Any live member of a native spe- (3) Donation or loan; cies of plant which is capable of sur- (4) Sale; or viving may be transplanted in suitable (5) Destruction. habitat on Federal or other protected In the exercise of the disposal author- lands within the historical range of the ity, the Director ordinarily must dis- species in the United States with the pose of any wildlife or plant in the permission of the landowner. order in which the disposal methods (c) Any live member of an exotic spe- appear in this paragraph (a) of this sec- cies of wildlife (including injurious tion. wildlife) or plant may not be returned (b) The Director shall dispose of any to the wild in the U.S., but may be re- other property forfeited or abandoned turned to one of the following coun- under the authority of this part (in- tries for return to suitable habitat in cluding vehicles, vessels, aircraft, accordance with the provisions of cargo, guns, nets, traps, and other § 12.35 of this part if it is capable of sur- equipment), except wildlife or plants, viving:

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(1) The country of export (if known) (1) The purpose for which the wildlife after consultation with and at the ex- or plants are to be used must be stated pense of the country of export, or on the transfer document; (2) A country within the historic (2) Any attempt by the donee/bor- range of the species which is party to rower to use the donation or loan for the Convention on International Trade any other purpose except that stated in Endangered Species of Wild Fauna on the transfer document entitles the and Flora (TIAS 8249) after consulta- Director to immediate repossession of tion with and at the expense of such the wildlife or plants; country. (3) The donee/borrower must pay all costs associated with the transfer, in- § 12.35 Use by the Service or transfer cluding the costs of care, storage, to another government agency for transportation, and return to the Serv- official use. ice (if applicable); (a) Wildlife and plants may be used (4) The donee/borrower may be re- by the Service or transferred to an- quired to account periodically for the other government agency (including donation or loan; foreign agencies) for official use includ- (5) The donee/borrower is not relieved ing, but not limited to, one or more of from the prohibitions, restrictions, the following purposes: conditions, or requirements which may (1) Training government officials to apply to a particular species of wildlife perform their official duties; or plant imposed by the laws or regula- (2) Identifying protected wildlife or tions of the United States or any plants, including forensic identifica- State, including any applicable health, tion or research; quarantine, agricultural, or Customs (3) Educating the public concerning laws or regulations. the conservation of wildlife or plants; (6) Any attempt by a donee to re- (4) Conducting law enforcement oper- transfer the donation during the time ations in performance of official duties; period specified in the transfer docu- (5) Enhancing the propagation or sur- ment within which the donee may not vival of a species or other scientific retransfer the donation without the purposes; prior authorization of the Director en- (6) Presenting as evidence in a legal titles the Director to immediate repos- proceeding involving the wildlife or session of the wildlife or plants; plant; or (7) Any attempt by a borrower to re- (7) Returning to the wild in accord- transfer the loan without the prior au- ance with § 12.34 of this part. thorization of the Director entitles the (b) Each transfer and the terms of Director to immediate repossession of the transfer must be documented. the wildlife or plants; (c) The agency receiving the wildlife (8) Subject to applicable limitations or plants may be required to bear all of law, duly authorized Service officers costs of care, storage, and transpor- at all reasonable times shall, upon no- tation in connection with the transfer tice, be afforded access to the place from the date of seizure to the date of where the donation or loan is kept and delivery. an opportunity to inspect it; (9) Any donation is subject to condi- § 12.36 Donation or loan. tions specified in the transfer docu- (a) Except as otherwise provided in ment, the violation of which causes the this section, wildlife and plants may be property to revert to the United donated or loaned for scientific, edu- States; cational, or public display purposes to (10) Any loan is for an indefinite pe- any person who demonstrates the abil- riod of time unless a date on which the ity to provide adequate care and secu- loan must be returned to the Service is rity for the item. stated on the transfer document; and (b) Any donation or loan may be (11) Any loan remains the property of made only after execution of a transfer the United States, and the Director document between the Director and the may demand its return at any time. donee/borrower, which is subject to the (c) Wildlife and plants may be do- following conditions: nated to individual American Indians

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for the practice of traditional Amer- (c) Wildlife or plants which may not ican Indian religions. Any donation of be possessed lawfully by purchasers the parts of bald or golden eagles to under the laws of the State where held American Indians may only be made to may be moved to a State where posses- individuals authorized by permit issued sion is lawful and may be sold. in accordance with § 22.22 of this title (d) Wildlife or plants purchased at to possess such items. sale are subject to the prohibitions, re- (d) Edible wildlife, fit for human con- strictions, conditions, or requirements sumption, may be donated to a non- which apply to a particular species of profit, tax-exempt charitable organiza- wildlife or plant imposed by the laws or tion for use as food, but not for barter regulations of the United States or any or sale. State, including any applicable con- (e) Wildlife and plants may be loaned servation, health, quarantine, agricul- to government agencies (including for- tural, or Customs laws or regulations, eign agencies) for official use. Each except as provided by § 12.32 of this transfer and the terms of the transfer part. must be documented. (e) The Director may use the proceeds of sale to reimburse the Service § 12.37 Sale. for any costs which by law the Service is authorized to recover or to pay any (a) Wildlife and plants may be sold or rewards which by law may be paid from offered for sale, except any species sums the Service receives. which at the time it is to be sold or offered for sale falls into one of the fol- § 12.38 Destruction. lowing categories: (a) Wildlife and plants not otherwise (1) Listed in § 10.13 of this title as a disposed of must be destroyed. migratory bird protected by the Migra- (b) When destroyed, the fact, manner, tory Bird Treaty Act (16 U.S.C. 703–712); and date of destruction and the type (2) Protected under the Eagle Protec- and quantity destroyed must be cer- tion Act (16 U.S.C. 668–668d); tified by the official actually destroy- (3) Listed in § 23.33 of this title as ing the items. ‘‘Appendix I’’ under the Convention on International Trade in Endangered § 12.39 Information on property avail- Species of Wild Fauna and Flora; able for disposal. (4) Listed in § 17.11 of this title as Persons interested in obtaining infor- ‘‘endangered’’ or ‘‘threatened’’ under mation on property which is available the Endangered Species Act of 1973 (16 for disposal should contact the appro- U.S.C. 1533), unless the item or species priate Special Agent in Charge listed may be lawfully traded in interstate in § 10.22 of this title. commerce; and (5) Protected under the Marine Mam- Subpart E—Restoration of Pro- mal Protection Act (16 U.S.C. 1361– ceeds and Recovery of Stor- 1407), unless the item or species may be age Costs lawfully traded in interstate commerce. § 12.41 Petition for restoration of pro- (b) Wildlife and plants must be sold ceeds. in accordance with current Federal (a) Any person claiming any property Property Management Regulations (41 or interest therein which has been for- CFR chapter 101) and Interior Property feited under the Endangered Species Management Regulations (41 CFR Act, 16 U.S.C. 1531 et seq.; Eagle Protec- chapter 114) or U.S. Customs laws and tion Act, 16 U.S.C. 668 et seq.; Airborne regulations, except the Director may Hunting Act, 16 U.S.C. 742j–1; or the sell any wildlife or plant immediately Lacey Act Amendments of 1981, 16 for its fair market value if the Director U.S.C. 3371 et seq., and sold according to determines that it is liable to perish, law, or any person claiming cargo or an deteriorate, decay, waste, or greatly interest therein, of a vessel or other decrease in value by keeping, or that conveyance employed in unlawful tak- the expense of keeping it is dispropor- ing which has been forfeited under the tionate to its value. Marine Mammal Protection Act, 16

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U.S.C. 1361 et seq., and sold according to order the proceeds or any part thereof law, may file with the Solicitor or, restored to the petitioner, after deduct- where forfeiture proceedings have been ing from such proceeds the costs of sei- brought in U.S. District Court, the At- zure, storage, forfeiture and disposi- torney General, a petition for restoration, the duties, if any, accruing on the tion of proceeds. seized property, and any sum due on a (b) A petition filed with the Solicitor lien for freight, charges, or contribu- need not be in any particular form, but tion in general average, notice of which it must be received within three has been filed with the Solicitor ac- months after the date of sale of the cording to law. property and must contain the fol- (g) If the Solicitor decides that relief lowing: should not be granted, the Solicitor (1) A description of the property; shall so notify the petitioner in writ- (2) The time and place of seizure; ing, stating in the notification the rea- (3) Evidence of the petitioner’s inter- sons for denying relief. The petitioner est in the property, including contracts, bills of sale, invoices, security may then file a supplemental petition, interests, certificates of title, and but no supplemental petition shall be other satisfactory evidence; considered unless it is received within (4) A request for restoration of the 60 days from the date of the Solicitor’s proceeds or such part thereof as is notification denying the original peti- claimed by the petitioner; and tion. (5) A statement of all facts and cir- [45 FR 17864, Mar. 19, 1980, as amended at 47 cumstances relied upon by the peti- FR 56861, Dec. 21, 1982] tioner to justify restoration of the proceeds, including proof that the peti- § 12.42 Recovery of certain storage tioner did not know of the seizure be- costs. fore the declaration or order of for- If any wildlife, plant, or evidentiary feiture and was in such circumstances item is seized and forfeited under the as prevented the petitioner from know- Endangered Species Act, 16 U.S.C. 1531 ing of the same. et seq., any person whose act or omis- (c) The petition shall be signed by sion was the basis for the seizure may the petitioner or the petitioner’s attor- be charged a reasonable fee for ex- ney at law. If the petitioner is a cor- penses to the United States connected poration, the petition must be signed with the transfer, board, handling, or by an authorized officer, supervisory storage of such property. If any fish, employee, or attorney at law, and the wildlife or plant is seized in connection corporate seal shall be properly affixed with a violation of the Lacey Act to the signature. (d) A false statement in the petition Amendments of 1981, 16 U.S.C. 3371, et may subject the petitioner to prosecu- seq., any person convicted thereof, or tion under title 18, U.S. Code, section assessed a civil penalty therefor, may 1001. be assessed a reasonable fee for ex- (e) Upon receiving the petition, the penses of the United States connected Solicitor shall decide whether or not to with the storage, care and maintenance grant relief. In making a decision, the of such property. Within a reasonable Solicitor shall consider the informa- time after forfeiture, the Service shall tion submitted by the petitioner, as send to such person by registered or well as any other available information certified mail, return receipt re- relating to the matter. quested, a bill for such fee. The bill (f) If the Solicitor finds the existence shall contain an itemized statement of of such mitigating circumstances as to the applicable costs, together with in- justify restoration of the proceeds or structions on the time and manner of any part thereof and that the peti- payment. Payment shall be made in ac- tioner did not know of the seizure be- cordance with the bill. The recipient of fore the declaration or order of for- any assessment of costs under this sec- feiture and was in such circumstances tion who has an objection to the rea- as prevented the petitioner from know- sonableness of the costs described in ing of the same, the Solicitor may the bill may, within 30 days of the date

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on which he received the bill, file writ- 13.23 Amendment of permits. ten objections with the Regional Direc- 13.24 Right of succession by certain persons. tor of the Fish and Wildlife Service for 13.25 Transfer of permits and scope of per- the Region in which the seizure oc- mit authorization. curred. Upon receipt of the written ob- 13.26 Discontinuance of permit activity. jections, the appropriate Regional Di- 13.27 Permit suspension. rector will promptly review them and 13.28 Permit revocation. within 30 days mail his final decision 13.29 Review procedures. to the party who filed objections. In all Subpart D—Conditions cases, the Regional Director’s decision shall constitute final administrative 13.41 Humane conditions. action on the matter. 13.42 Permits are specific. [47 FR 56861, Dec. 21, 1982] 13.43 Alteration of permits. 13.44 Display of permit. 13.45 Filing of reports. Subpart F—Return of Property 13.46 Maintenance of records. § 12.51 Return procedure. 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. If, at the conclusion of the appro- 13.49 Surrender of permit. priate proceedings, seized property is 13.50 Acceptance of liability. to be returned to the owner or consignee, the Solicitor or Service shall AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, issue a letter or other document au- 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901– 4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. thorizing its return. This letter or 9701. other document shall be delivered personally or sent by registered or cer- SOURCE: 39 FR 1161, Jan. 4, 1974, unless oth- tified mail, return receipt requested, erwise noted. and shall identify the owner or consignee, the seized property, and, if ap- Subpart A—Introduction propriate, the bailee of the seized property. It shall also provide that upon § 13.1 General. presentation of the letter or other doc- (a) A person must obtain a valid per- ument and proper identification, and mit before commencing an activity for the signing of a receipt provided by the which a permit is required by this sub- Service, the seized property is author- chapter, except as provided in § 23.53 of ized to be released, provided it is prop- this subchapter for retrospective per- erly marked in accordance with appli- mits for certain CITES shipments cable State or Federal requirements. under very specific situations. (b) A person must apply for such a PART 13—GENERAL PERMIT permit under the general permit proce- PROCEDURES dures of this part and any other regulations in this subchapter that apply to Subpart A—Introduction the proposed activity. Sec. (1) The requirements of all applicable 13.1 General. parts of this subchapter must be met. 13.2 Purpose of regulations. (2) A person may submit one applica- 13.3 Scope of regulations. tion that includes the information re- 13.4 Emergency variation from require- quired in each part of this subchapter, ments. and a single permit will be issued if ap- 13.5 Information collection requirements. propriate. Subpart B—Application for Permits [72 FR 48445, Aug. 23, 2007] 13.11 Application procedures. 13.12 General information requirements on § 13.2 Purpose of regulations. applications for permits. The regulations contained in this part provide uniform rules, conditions, Subpart C—Permit Administration and procedures for the application for 13.21 Issuance of permits. and the issuance, denial, suspension, 13.22 Renewal of permits. revocation, and general administration

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of all permits issued pursuant to this tion statutes and regulations, on the subchapter B. issuance, suspension, revocation, or denial permits. You must respond to ob- [54 FR 38147, Sept. 14, 1989] tain or retain a permit. § 13.3 Scope of regulations. (b) We estimate the public reporting burden for these reporting require- The provisions in this part are in ad- ments to vary from 15 minutes to 4 dition to, and are not in lieu of, other hours per response, with an average of permit regulations of this subchapter 0.803 hours per response, including time and apply to all permits issued therefor reviewing instructions, gathering under, including ‘‘Importation, Expor- and maintaining data, and completing tation and Transportation of Wildlife’’ and reviewing the forms. Direct com- (part 14), ‘‘Wild Bird Conservation Act’’ ments regarding the burden estimate (part 15), ‘‘Injurious Wildlife’’ (part 16), or any other aspect of these reporting ‘‘Endangered and Threatened Wildlife requirements to the Service Informa- and Plants’’ (part 17), ‘‘Marine Mam- tion Collection Control Officer, MS–222 mals’’ (part 18), ‘‘Migratory Bird Per- ARLSQ, U.S. Fish and Wildlife Service, mits’’ (part 21), ‘‘Eagle Permits’’ (part Washington, DC 20240, or the Office of 22), and ‘‘ Convention on International Management and Budget, Paperwork Trade in Endangered Species of Wild Reduction Project (1018–0092), Wash- Fauna and Flora (CITES)’’ (part 23). As ington, DC 20603. used in this part 13, the term ‘‘permit’’ will refer to a license, permit, certifi- [63 FR 52634, Oct. 1, 1998] cate, letter of authorization, or other document as the context may require, Subpart B—Application for Permits and to all such documents issued by the Service or other authorized U.S. or § 13.11 Application procedures. foreign government agencies. The Service may not issue a permit [70 FR 18317, Apr. 11, 2005, as amended at 79 for any activity authorized by this sub- FR 30417, May 27, 2014] chapter B unless you have filed an application under the following proce- § 13.4 Emergency variation from re- dures: quirements. (a) Forms. Applications must be sub- The Director may approve variations mitted in writing on a Federal Fish from the requirements of this part and Wildlife License/Permit Applica- when he finds that an emergency exists tion (Form 3–200) or as otherwise spe- and that the proposed variations will cifically directed by the Service. not hinder effective administration of (b) Forwarding instructions. Applica- this subchapter B, and will not be un- tions for permits in the following cat- lawful. egories should be forwarded to the issuing office indicated below. § 13.5 Information collection require- (1) You may obtain applications for ments. migratory bird banding permits (50 (a) The Office of Management and CFR 21.22) by writing to: Bird Banding Budget approved the information col- Laboratory, USGS Patuxent Wildlife lection requirements contained in this Research Center, 12100 Beech Forest part 13 under 44 U.S.C. and assigned Road, Laurel, Maryland 20708–4037. OMB Control Number 1018–0092. The Submit completed permit applications Service may not conduct or sponsor, to the same address. and you are not required to respond, to (2) You may obtain applications for a collection of information unless it designated port exception permits and displays a currently valid OMB control import/export licenses (50 CFR 14) by number. We are collecting this infor- writing to the Special Agent in Charge mation to provide information nec- (SAC) of the Region in which you re- essary to evaluate permit applications. side (see 50 CFR 2.2 or the Service Web We will use this information to review site, http://www.fws.gov, for addresses permit applications and make deci- and boundaries of the Regions). Submit sions, according to criteria established completed permit applications to the in various Federal wildlife conserva- same address.

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(3) You may obtain applications for applications for the import or export of Wild Bird Conservation Act permits (50 native endangered and threatened spe- CFR part 15); injurious wildlife permits cies may be obtained from the Division (50 CFR part 16); captive-bred wildlife of Management Authority in accord- registrations (50 CFR part 17); permits ance with paragraph (b)(3) of this sec- authorizing import, export, or foreign tion. commerce of endangered and threat- (5) You may obtain applications for ened species, and interstate commerce bald and golden eagle permits (50 CFR of nonnative endangered or threatened part 22) and migratory bird permits (50 species (50 CFR part 17); marine mam- CFR part 21), except for banding and mal permits (50 CFR part 18); and per- marking permits, from, and you may mits and certificates for import, ex- submit completed applications to, the port, and re-export of species listed ‘‘Migratory Bird Permit Program Of- under the Convention on International fice’’ in the Region in which you reside. Trade in Endangered Species of Wild For addresses of the regional offices, Fauna and Flora (CITES) (50 CFR part see 50 CFR 2.2, or go to: http:// 23) from the Service’s permits Web www.fws.gov/migratorybirds/mbpermits/ page at http://www.fws.gov/permits/ or Addresses.html. from the Division of Management Au- (c) Time notice. The Service will proc- thority at the address provided at 50 ess all applications as quickly as pos- CFR 2.1(b). Submit completed permit sible. However, we cannot guarantee applications to the same street ad- final action within the time limit you dress. request. You should ensure that appli- (4) You may obtain Endangered Spe- cations for permits for marine mam- cies Act permit applications (50 CFR mals and/or endangered and threatened 17) for activities involving native en- species are postmarked at least 90 cal- dangered and threatened species, in- endar days prior to the requested effec- cluding incidental take, scientific pur- tive date. The time we require for proc- poses, enhancement of propagation or essing of endangered and threatened survival (i.e., recovery), and enhance- species incidental take permits will ment of survival by writing to the Re- vary according to the project scope and gional Director (Attention: Endangered significance of effects. Submit applica- Species Permits) of the Region where tions for all other permits to the the activity is to take place (see 50 issuing/reviewing office and ensure CFR 2.2 or the Service Web site, http:// they are postmarked at least 60 cal- www.fws.gov, for addresses and bound- endar days prior to the requested effec- aries of the Regions). Submit com- tive date. Our processing time may be pleted applications to the same address increased by the procedural require- (the Regional office covering the area ments of the National Environmental where the activity will take place). Policy Act (NEPA), the requirement to Permit applications for interstate com- publish a notice in the FEDERAL REG- merce for native endangered and ISTER requesting a 30-day public com- threatened species should be obtained ment period when we receive certain by writing to the Regional Director types of permit applications, and/or the (Attention: Endangered Species Per- time required for extensive consulta- mits) of the Region that has the lead tion within the Service, with other for the particular species, rather than Federal agencies, and/or State or for- the Region where the activity will take eign governments. When applicable, we place. You can obtain information on may require permit applicants to pro- the lead Region via the Service’s En- vide additional information on the pro- dangered Species Program Web page posal and on its environmental effects (http://endangered.fws.gov/wildlife.html) as may be necessary to satisfy the pro- by entering the common or scientific cedural requirements of NEPA. name of the listed species in the Regu- (d) Fees. (1) Unless otherwise exempt- latory Profile query box. Send inter- ed under this paragraph (d), you must state commerce permit applications for pay the required permit processing fee native listed species to the same Re- at the time that you apply for issuance gional Office that has the lead for that or amendment of a permit. You must species. Endangered Species Act permit pay in U.S. dollars. If you submit a

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check or money order, it must be made or local government agency or to any payable to the ‘‘U.S. Fish and Wildlife individual or institution acting on be- Service.’’ The Service will not refund half of such agency. Except as other- any application fee under any cir- wise authorized or waived, if you fail to cumstances if we have processed the submit evidence of such status with application. However, we may return your application, we will require the the application fee if you withdraw the submission of all processing fees prior application before we have signifi- to the acceptance of the application for cantly processed it. processing. (2) If regulations in this subchapter require more than one type of permit (ii) As noted in paragraph (d)(4) of for an activity and the permits are this section. issued by the same office, the issuing (iii) We may waive the fee on a case- office may issue one consolidated per- by-case basis for extraordinary extenu- mit authorizing the activity in accord- ating circumstances provided that the ance with § 13.1. You may submit a sin- issuing permit office and a Regional or gle application in such cases, provided Assistant Director approves the waiv- that the single application contains all er. the information required by the sepa- (4) User fees. The following table iden- rate applications for each permitted tifies specific fees for each permit ap- activity. Where more than one per- plication or amendment to a current mitted activity is consolidated into permit. If no fee is identified under the one permit, the issuing office will Amendment Fee column, this par- charge the highest single fee for the ac- ticular permit either cannot be amend- tivity permitted. ed and a new application, and applica- (3) Circumstances under which we tion fee, would need to be submitted or will not charge a permit application no fee will be charged for amending the fee are as follows: (i) We will not charge a permit appli- permit (please contact the issuing of- cation fee to any Federal, tribal, State, fice for further information).

CFR Permit Administration Amendment Type of permit application 1 citation fee fee fee

Migratory Bird Treaty Act

Migratory Bird Import/Export ...... 50 CFR 21 ...... 75 ...... Migratory Bird Banding or Marking ...... 50 CFR 21 ...... No fee ...... Migratory Bird Scientific Collecting ...... 50 CFR 21 ...... 100 ...... 50 Migratory Bird Taxidermy ...... 50 CFR 21 ...... 100 ...... Waterfowl Sale and Disposal ...... 50 CFR 21 ...... 75 ...... Special Canada Goose ...... 50 CFR 21 ...... No fee ...... Migratory Bird Special Purpose/Education ...... 50 CFR 21 ...... 75 ...... Migratory Bird Special Purpose/Salvage ...... 50 CFR 21 ...... 75 ...... Migratory Bird Special Purpose/Game Bird Propa- 50 CFR 21 ...... 75 ...... gation. Migratory Bird Special Purpose/Miscellaneous ...... 50 CFR 21 ...... 100 ...... Falconry ...... 50 CFR 21 ...... 100 ...... Raptor Propagation ...... 50 CFR 21 ...... 100 ...... Migratory Bird Rehabilitation ...... 50 CFR 21 ...... 50 ...... Migratory Bird Depredation ...... 50 CFR 21 ...... 100 ...... 50 Migratory Bird Depredation/Homeowner ...... 50 CFR 21 ...... 50 ......

Bald and Golden Eagle Protection Act

Eagle Scientific Collecting ...... 50 CFR 22 ...... 100 ...... 50 Eagle Exhibition ...... 50 CFR 22 ...... 75 ...... Eagle Falconry ...... 50 CFR 22 ...... 100 ...... Eagle—Native American Religion ...... 50 CFR 22 ...... No fee ...... Eagle Take permits—Depredation and Protection 50 CFR 22 ...... 100 ...... of Health and Safety. Golden Eagle Nest Take ...... 50 CFR 22 ...... 100 ...... 50 Eagle Transport—Scientific or Exhibition ...... 50 CFR 22 ...... 75 ...... Eagle Transport—Native American Religious Pur- 50 CFR 22 ...... No fee ...... poses. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 500 ...... 150 of an Activity.

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CFR Permit Administration Amendment Type of permit application 1 citation fee fee fee

Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 8,000 ...... 500 1,000 of an Activity—Programmatic, low-risk projects, 5- to 30-year tenure 2. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 2,600 1,000 of an Activity—Programmatic, up to 5-year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 3 5,200 1,000 of an Activity—Programmatic, over 5-year to 10- year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 3 7,800 1,000 of an Activity—Programmatic, over 10-year to 15-year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 3 10,400 1,000 of an Activity—Programmatic, over 15-year to 20-year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 3 13,000 1,000 of an Activity—Programmatic, over 20-year to 25-year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 36,000 ...... 3 15,600 1,000 of an Activity—Programmatic, over 25-year to 30-year tenure. Eagle Take—Associated With But Not the Purpose 50 CFR 22 ...... 1,000 ...... of an Activity—Transfer of a programmatic permit. Eagle Nest Take ...... 50 CFR 22 ...... 500 ...... 150 Eagle Nest Take—Programmatic ...... 50 CFR 22 ...... 1,000 ...... 500 Eagle Take—Exempted under ESA ...... 50 CFR 22 ...... No fee ......

Endangered Species Act/CITES/Lacey Act

ESA Recovery ...... 50 CFR 17 ...... 100 ...... 50 ESA Interstate Commerce ...... 50 CFR 17 ...... 100 ...... 50 ESA Enhancement of Survival (Safe Harbor Agree- 50 CFR 17 ...... 50 ...... 25 ment). ESA Enhancement of Survival (Candidate Con- 50 CFR 17 ...... 50 ...... 25 servation Agreement with Assurances). ESA Incidental Take (Habitat Conservation Plan) ... 50 CFR 17 ...... 100 ...... 50 ESA and CITES Import/Export and Foreign Com- 50 CFR 17 ...... 100 ...... 50 merce. ESA and CITES Museum Exchange ...... 50 CFR 17 ...... 100 ...... 50 ESA Captive-bred Wildlife Registration ...... 50 CFR 17 ...... 200 ...... 100 —Renewal of Captive-bred Wildlife Reg- 50 CFR 17 ...... 100 ...... istration. CITES Import (including trophies under ESA and 50 CFR 17, 18, 23 ...... 100 ...... 50 MMPA). CITES Export ...... 50 CFR 23 ...... 100 ...... 50 CITES Pre-Convention ...... 50 CFR 23 ...... 75 ...... 40 CITES Certificate of Origin ...... 50 CFR 23 ...... 75 ...... 40 CITES Re-export ...... 50 CFR 23 ...... 75 ...... 40 CITES Personal Effects and Pet Export/Re-export 50 CFR 23 ...... 50. CITES Appendix II Export (native furbearers and 50 CFR 23 ...... 100 ...... 50 alligators—excluding live animals). CITES Master File (includes files for artificial prop- 50 CFR 23 ...... 200 ...... 100 agation, biomedical, etc., and covers import, export, and re-export documents). —Renewal of CITES Master File ...... 50 CFR 23 ...... 100 ...... —Single-use permits issued on Master 50 CFR 23 ...... 5 4 ...... File. CITES Annual Program File ...... 50 CFR 23 ...... 50 ...... —Single-use permits issued under Annual 50 CFR 23 ...... 5 4 ...... Program. CITES replacement documents (lost, stolen, or 50 CFR 23 ...... 50 ...... 50 damaged documents). CITES Passport for Traveling Exhibitions and Pets 50 CFR 23 ...... 75 5 ...... CITES/ESA Passport for Traveling Exhibitions ...... 50 CFR 23 ...... 1005 ...... CITES Introduction from the Sea ...... 50 CFR 23 ...... 100 ...... 50 CITES Participation in the Plant Rescue Center 50 CFR 23 ...... No fee ...... Program. CITES Registration of Commercial Breeding Oper- 50 CFR 23 ...... 100 ...... ations for Appendix—I Wildlife. —Renewal of Registration of Commercial 50 CFR 23 ...... 50. Breeding Operations for Appendix-I wildlife.

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CFR Permit Administration Amendment Type of permit application 1 citation fee fee fee

CITES Request for Approval of an Export Program 50 CFR 23 ...... No fee ...... for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator). Import/Export License ...... 50 CFR 14 ...... 100 ...... 50 Designated Port Exception ...... 50 CFR 14 ...... 100 ...... 50 Injurious Wildlife Permit ...... 50 CFR 16 ...... 100 ...... 50 —Transport Authorization for Injurious 50 CFR 16 ...... 25 ...... Wildlife.

Wild Bird Conservation Act (WBCA)

Personal Pet Import ...... 50 CFR 15 ...... 50 ...... WBCA Scientific Research, Zoological Breeding or 50 CFR 15 ...... 100 ...... 50 Display, Cooperative Breeding. WBCA Approval of Cooperative Breeding Program 50 CFR 15 ...... 200 ...... 100 —Renewal of a WBCA Cooperative 50 CFR 15 ...... 50 ...... Breeding Program. WBCA Approval of a Foreign Breeding Facility ...... 50 CFR 15 ...... 250 6 ......

Marine Mammal Protection Act

Marine Mammal Public Display ...... 50 CFR 18 ...... 300 ...... 150 Marine Mammal Scientific Research/Enhancement/ 50 CFR 18 ...... 150 ...... 75 Registered Agent or Tannery. —Renewal of Marine Mammal Scientific 50 CFR 18 ...... 75 ...... Research/Enhancement/Registered Agent or Tannery. 1 Assessed when a permit is issued. 2 ‘‘Low-risk’’ means a project or activity is unlikely to take an eagle over a 30-year period and the applicant for a permit for the project or activity has provided the Service with sufficient data obtained through Service-approved models and/or predictive tools to verify that the take is likely to be less than 0.03 eagles per year. 3 $2,600 assessed upon approval of permit, and for each 5-year review. 4 Each. 5 Per animal. 6 Per species.

(5) We will charge a fee for sub- ficiency. If you fail to supply the cor- stantive amendments made to permits rect information to complete the appli- within the time period that the permit cation or to pay the required fees with- is still valid. The fee is generally half in 45 calendar days of the date of noti- the original fee assessed at the time fication, we will consider the applica- that the permit is processed; see para- tion abandoned. We will not refund any graph (d)(4) of this section for the exact fees for an abandoned application. amount. Substantive amendments are those that pertain to the purpose and [70 FR 18317, Apr. 11, 2005, as amended at 72 conditions of the permit and are not FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, purely administrative. Administrative 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR changes, such as updating name and 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; address information, are required 79 FR 43964, July 29, 2014] under 13.23(c), and we will not charge a fee for such amendments. § 13.12 General information require- (6) Except as specifically noted in ments on applications for permits. paragraph (d)(4) of this section, a per- (a) General information required for all mit renewal is an issuance of a new applications. All applications must con- permit, and applicants for permit renewal must pay the appropriate fee tain the following information: listed in paragraph (d)(4) of this sec- (1) Applicant’s full name and address tion. (street address, city, county, state, and (e) Abandoned or incomplete applica- zip code; and mailing address if dif- tions. If we receive an incomplete or ferent from street address); home and improperly executed application, or if work telephone numbers; and, if avail- you do not submit the proper fees, the able, a fax number and e-mail address, issuing office will notify you of the de- and:

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(i) If the applicant resides or is lo- the part under which the permit is cated outside the United States, an ad- issued; dress in the United States, and, if con- (7) Date; ducting commercial activities, the (8) Signature of the applicant; and name and address of his or her agent (9) Such other information as the Di- that is located in the United States; rector determines relevant to the proc- and essing of the application, including, (ii) If the applicant is an individual, but not limited to, information on the the date of birth, social security num- environmental effects of the activity ber, if available, occupation, and any consistent with 40 CFR 1506.5 and De- business, agency, organizational, or in- partmental procedures at 516 DM 6, Ap- stitutional affiliation associated with pendix 1.3A. the wildlife or plants to be covered by (b) Additional information required on the license or permit; or permit applications. As stated in para- (iii) If the applicant is a business, graph (a)(3) of this section, certain ad- corporation, public agency, or institu- ditional information is required on all tion, the tax identification number; de- permit applications. For CITES permit scription of the type of business, cor- applications, see part 23 of this sub- poration, agency, or institution; and chapter. Additional information re- the name and title of the person required on applications for other types sponsible for the permit (such as presi- of permits may be found by referring to dent, principal officer, or director); the sections of this subchapter cited in (2) Location where the requested per- the following table: mitted activity is to occur or be conducted; Type of permit Section (3) Reference to the part(s) and sec- Importation at nondesignated ports: tion(s) of this subchapter B as listed in Scientific ...... 14.31 paragraph (b) of this section under Deterioration prevention ...... 14.32 Economic hardship ...... 14.33 which the application is made for a Marking of package or container: permit or permits, together with any Symbol marking ...... 14.83 additional justification, including sup- Import/export license ...... 14.93 porting documentation as required by Feather import quota: Importation or entry ...... 15.21 Injurious wildlife: Importation or shipment ...... 16.22 the referenced part(s) and section(s); Endangered wildlife and plant permits: (4) If the requested permitted activ- Similarity of appearance ...... 17.52 ity involves the import or re-export of Scientific, enhancement of propagation or survival, incidental taking for wildlife ...... 17.22 wildlife or plants from or to any for- Scientific, propagation, or survival for plants 17.62 eign country, and the country of ori- Economic hardship for wildlife ...... 17.23 gin, or the country of export or re-ex- Economic hardship for plants ...... 17.63 Threatened wildlife and plant permits: port restricts the taking, possession, Similarity of appearance ...... 17.52 transportation, exportation, or sale of General for wildlife ...... 17.32 wildlife or plants, documentation as in- General for plants ...... 17.72 Marine mammals permits: dicated in § 14.52(c) of this subchapter Scientific research ...... 18.31 B; Public display ...... 18.31 (5) Certification in the following lan- Migratory bird permits: guage: Banding or marking ...... 21.22 Scientific collecting ...... 21.23 I hereby certify that I have read and am fa- Taxidermist ...... 21.24 Waterfowl sale and disposal ...... 21.25 miliar with the regulations contained in Special aviculturist ...... 21.26 title 50, part 13, of the Code of Federal Regu- Special purpose ...... 21.27 lations and the other applicable parts in sub- Falconry ...... 21.28 chapter B of chapter I of title 50, Code of Raptor propagation permit ...... 21.30 Federal Regulations, and I further certify Depredation control ...... 21.41 that the information submitted in this appli- Eagle permits: Scientific or exhibition ...... 22.21 cation for a permit is complete and accurate Indian religious use ...... 22.22 to the best of my knowledge and belief. I un- Depredation and protection of health and derstand that any false statement herein safety ...... 22.23 may subject me to suspension or revocation Falconry purposes ...... 22.24 of this permit and to the criminal penalties Take of golden eagle nests ...... 22.25 of 18 U.S.C. 1001. Eagle take—Associated with but not the purpose of an activity ...... 22.26 (6) Desired effective date of permit Eagle nest take ...... 22.27 except where issuance date is fixed by Eagle take—Exempted under ESA ...... 22.28

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[39 FR 1161, Jan. 4, 1974, as amended at 42 FR tory Bird Treaty Act, or the Bald and 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; Golden Eagle Protection Act disquali- 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. fies any such person from receiving or 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR exercising the privileges of a permit, 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; unless such disqualification has been 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. expressly waived by the Director in re- 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR sponse to a written petition. 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; (2) The revocation of a permit for 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. reasons found in § 13.28 (a)(1) or (a)(2) 11, 2009; 79 FR 30417, May 27, 2014] disqualifies any such person from receiving or exercising the privileges of a Subpart C—Permit Administration similar permit for a period of five years § 13.21 Issuance of permits. from the date of the final agency decision on such revocation. (a) No permit may be issued prior to (3) The failure to pay any required the receipt of a written application fees or assessed costs and penalties, therefor, unless a written variation from the requirements, as authorized whether or not reduced to judgement by § 13.4, is inserted into the official file disqualifies such person from receiving of the Bureau. An oral or written rep- or exercising the privileges of a permit resentation of an employee or agent of as long as such moneys are owed to the the United States Government, or an United States. This requirement shall action of such employee or agent, shall not apply to any civil penalty pres- not be construed as a permit unless it ently subject to administrative or judi- meets the requirements of a permit as cial appeal; provided that the pendency defined in 50 CFR 10.12. of a collection action brought by the (b) Upon receipt of a properly exe- United States or its assignees shall not cuted application for a permit, the Di- constitute an appeal within the mean- rector shall issue the appropriate per- ing of this subsection. mit unless: (4) The failure to submit timely, ac- (1) The applicant has been assessed a curate, or valid reports as required civil penalty or convicted of any crimi- may disqualify such person from re- nal provision of any statute or regula- ceiving or exercising the privileges of a tion relating to the activity for which permit as long as the deficiency exists. the application is filed, if such assess- (d) Use of supplemental information. ment or conviction evidences a lack of The issuing officer, in making a deter- responsibility. mination under this subsection, may (2) The applicant has failed to dis- use any information available that is close material information required, or relevant to the issue. This may include has made false statements as to any any prior conviction, or entry of a plea material fact, in connection with his of guilty or nolo contendere, or assess- application; ment of civil or criminal penalty for a (3) The applicant has failed to demonstrate a valid justification for the violation of any Federal or State law permit and a showing of responsibility; or regulation governing the permitted (4) The authorization requested po- activity. It may also include any prior tentially threatens a wildlife or plant permit revocations or suspensions, or population, or any reports of State or local officials. (5) The Director finds through fur- The issuing officer shall consider all ther inquiry or investigation, or other- relevant facts or information available, wise, that the applicant is not quali- and may make independent inquiry or fied. investigation to verify information or (c) Disqualifying factors. Any one of substantiate qualifications asserted by the following will disqualify a person the applicant. from receiving permits issued under (e) Conditions of issuance and accept- this part. ance—(1) Conditions of issuance and ac- (1) A conviction, or entry of a plea of ceptance. Any permit automatically in- guilty or nolo contendere, for a felony corporates within its terms the condi- violation of the Lacey Act, the Migra- tions and requirements of subpart D of

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this part and of any part(s) or sec- (c) Continuation of permitted activity. tion(s) specifically authorizing or gov- Any person holding a valid, renewable erning the activity for which the per- permit may continue the activities au- mit is issued, as well as any other con- thorized by the expired permit until ditions deemed appropriate and in- the Service acts on the application for cluded on the face of the permit at the renewal if all of the following condi- discretion of the Director. tions are met: (2) Any person accepting and holding (1) The permit is currently in force a permit under this subchapter B ac- and not suspended or revoked; knowledges the necessity for close reg- (2) The person has complied with this ulation and monitoring of the per- section; and mitted activity by the Government. By (3) The permit is not a CITES docu- accepting such permit, the permittee ment that was issued under part 23 of consents to and shall allow entry by this subchapter (because the CITES agents or employees of the Service document is void upon expiration). upon premises where the permitted activity is conducted at any reasonable (d) Denial. The issuing officer may hour. Service agents or employees may deny renewal of a permit to any appli- enter such premises to inspect the lo- cant who fails to meet the issuance cri- cation; any books, records, or permits teria set forth in § 13.21 of this part, or required to be kept by this subchapter in the part(s) or section(s) specifically B; and any wildlife or plants kept governing the activity for which the under authority of the permit. renewal is requested. (f) Term of permit. Unless otherwise [54 FR 38148, Sept. 14, 1989, as amended at 72 modified, a permit is valid during the FR 48446, Aug. 23, 2007] period specified on the face of the permit. Such period shall include the ef- § 13.23 Amendment of permits. fective date and the date of expiration. (a) Permittee’s request. Where cir- (g) Denial. The issuing officer may cumstances have changed so that a per- deny a permit to any applicant who mittee desires to have any condition of fails to meet the issuance criteria set forth in this section or in the part(s) or his permit modified, such permittee section(s) specifically governing the must submit a full written justifica- activity for which the permit is re- tion and supporting information in quested. conformity with this part and the part under which the permit was issued. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR (b) The Service reserves the right to 32377, June 24, 1977; 47 FR 30785, July 15, 1982; amend any permit for just cause at any 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005] time during its term, upon written finding of necessity, provided that any § 13.22 Renewal of permits. such amendment of a permit issued (a) Application for renewal. Applicants under § 17.22(b) through (d) or § 17.32(b) for renewal of a permit must submit a through (d) of this subchapter shall be written application at least 30 days consistent with the requirements of prior to the expiration date of the per- § 17.22(b)(5), (c)(5) and (d)(5) or mit. Applicants must certify in the § 17.32(b)(5), (c)(5) and (d)(5) of this sub- form required by § 13.12(a)(5) that all chapter, respectively. statements and information in the (c) Change of name or address. A per- original application remain current mittee is not required to obtain a new and correct, unless previously changed permit if there is a change in the legal or corrected. If such information is no individual or business name, or in the longer current or correct, the applicant mailing address of the permittee. A must provide corrected information. permittee is required to notify the (b) Renewal criteria. The Service shall issuing office within 10 calendar days issue a renewal of a permit if the appli- of such change. This provision does not cant meets the criteria for issuance in authorize any change in location of the § 13.21(b) and is not disqualified under conduct of the permitted activity when § 13.21(c).

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approval of the location is a qualifying (b) Permits issued under § 17.22(b) condition of the permit. through (d) or § 17.32(b) through (d) or [54 FR 38148, Sept. 14, 1989, as amended at 64 permits issued under § 22.26 of this sub- FR 32711, June 17, 1999] chapter B may be transferred in whole or in part through a joint submission § 13.24 Right of succession by certain by the permittee and the proposed persons. transferee, or in the case of a deceased (a) Certain persons other than the permittee, the deceased permittee’s permittee are authorized to carry on a legal representative and the proposed permitted activity for the remainder of transferee, provided we determine that: the term of a current permit, provided (1) The proposed transferee meets all they comply with the provisions of of the qualifications under this part for paragraph (b) of this section. Such per- holding a permit; sons are the following: (2) The proposed transferee has pro- (1) The surviving spouse, child, ex- ecutor, administrator, or other legal vided adequate written assurances of representative of a deceased permittee; sufficient funding for the conservation or measures, conservation plan, or Agree- (2) A receiver or trustee in bank- ment, and will implement the relevant ruptcy or a court designated assignee terms and conditions of the permit, infor the benefit of creditors. cluding any outstanding minimization (b) In order to qualify for the author- and mitigation requirements; and ization provided in this section, the (3) The proposed transferee has pro- person or persons desiring to continue vided other information that we deter- the activity shall furnish the permit to mine is relevant to the processing of the issuing officer for endorsement the submission. within 90 days from the date the suc- (c) In the case of the transfer of lands cessor begins to carry on the activity. subject to an agreement and permit (c) In the case of permits issued issued under § 17.22(c) or (d) or § 17.32 (c) under § 17.22(b) through (d) or § 17.32(b) or (d) of this subchapter B, the Service through (d) or permits issued under will transfer the permit to the new § 22.26 of this subchapter B, the successor’s authorization under the permit is owner if the new owner agrees in writ- also subject to our determination that: ing to become a party to the original (1) The successor meets all of the agreement and permit. qualifications under this part for hold- (d) Except as otherwise stated on the ing a permit; face of the permit, any person who is (2) The successor has provided ade- under the direct control of the per- quate written assurances that it will mittee, or who is employed by or under provide sufficient funding for any ap- contract to the permittee for purposes plicable conservation measures, con- authorized by the permit, may carry servation plan, or Agreement and will out the activity authorized by the per- implement the relevant terms and con- mit. ditions of the permit, including any (e) In the case of permits issued outstanding minimization and mitiga- under § 17.22(b)–(d) or § 17.32(b)–(d) of tion requirements; and this subchapter to a State or local gov- (3) The successor has provided such ernmental entity, a person is under the other information as we determine is direct control of the permittee where: relevant to the processing of the request. (1) The person is under the jurisdiction of the permittee and the permit [64 FR 32711, June 17, 1999, as amended at 78 provides that such person(s) may carry FR 73725, Dec. 9, 2013] out the authorized activity; or § 13.25 Transfer of permits and scope (2) The person has been issued a per- of permit authorization. mit by the governmental entity or has (a) Except as otherwise provided for executed a written instrument with the in this section, permits issued under governmental entity, pursuant to the this part are not transferable or assign- terms of the implementing agreement. able.

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(f) In the case of permits issued under the permittee shall be notified in writ- § 22.26 of this subchapter B to a Fed- ing of the proposed suspension by cer- eral, State, tribal, or local govern- tified or registered mail. This notice mental entity, a person is under the di- shall identify the permit to be sus- rect control of the permittee if the per- pended, the reason(s) for such suspen- son is under the jurisdiction of the per- sion, the actions necessary to correct mittee, provided the permittee has the the deficiencies, and inform the per- regulatory authority to require the mittee of the right to object to the pro- person to comply with the terms and posed suspension. The issuing officer conditions of the permit and the per- may amend any notice of suspension at mit provides that such person(s) may any time. carry out the authorized activity. (2) Upon receipt of a notice of proposed suspension the permittee may [64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, file a written objection to the proposed 2004; 78 FR 73725, Dec. 9, 2013] action. Such objection must be in writing, must be filed within 45 calendar § 13.26 Discontinuance of permit activ- days of the date of the notice of pro- ity. posal, must state the reasons why the When a permittee, or any successor permittee objects to the proposed sus- to a permittee as provided for by § 13.24, pension, and may include supporting discontinues activities authorized by a documentation. permit, the permittee shall within 30 (3) A decision on the suspension shall calendar days of the discontinuance re- be made within 45 days after the end of turn the permit to the issuing office to- the objection period. The issuing offi- gether with a written statement sur- cer shall notify the permittee in writ- rendering the permit for cancellation. ing of the Service’s decision and the The permit shall be deemed void and reasons therefore. The issuing officer cancelled upon its receipt by the shall also provide the applicant with issuing office. No refund of any fees the information concerning the right paid for issuance of the permit or for to request reconsideration of the deci- any other fees or costs associated with sion under § 13.29 of this part and the a permitted activity shall be made procedures for requesting reconsider- when a permit is surrendered for can- ation. cellation for any reason prior to the ex- [54 FR 38149, Sept. 14, 1989] piration date stated on the face of the permit. § 13.28 Permit revocation. [54 FR 38149, Sept. 14, 1989] (a) Criteria for revocation. A permit may be revoked for any of the fol- § 13.27 Permit suspension. lowing reasons: (a) Criteria for suspension. The privi- (1) The permittee willfully violates leges of exercising some or all of the any Federal or State statute or regula- permit authority may be suspended at tion, or any Indian tribal law or regu- any time if the permittee is not in lation, or any law or regulation of any compliance with the conditions of the foreign country, which involves a vio- permit, or with any applicable laws or lation of the conditions of the permit regulations governing the conduct of or of the laws or regulations governing the permitted activity. The issuing of- the permitted activity; or ficer may also suspend all or part of (2) The permittee fails within 60 days the privileges authorized by a permit if to correct deficiencies that were the the permittee fails to pay any fees, cause of a permit suspension; or penalties or costs owed to the Govern- (3) The permittee becomes disquali- ment. Such suspension shall remain in fied under § 13.21(c) of this part; or effect until the issuing officer deter- (4) A change occurs in the statute or mines that the permittee has corrected regulation authorizing the permit that the deficiencies. prohibits the continuation of a permit (b) Procedure for suspension. (1) When issued by the Service; or the issuing officer believes there are (5) Except for permits issued under valid grounds for suspending a permit § 17.22(b) through (d) or § 17.32(b)

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through (d) of this subchapter, the pop- (1) An applicant for a permit who has ulation(s) of the wildlife or plant that received written notice of denial; is the subject of the permit declines to (2) An applicant for renewal who has the extent that continuation of the received written notice that a renewal permitted activity would be detri- is denied; mental to maintenance or recovery of (3) A permittee who has a permit the affected population. amended, suspended, or revoked, ex- (b) Procedure for revocation. (1) When cept for those actions which are re- the issuing officer believes there are quired by changes in statutes or regu- valid grounds for revoking a permit, lations, or are emergency changes of the permittee shall be notified in writ- limited applicability for which an expi- ing of the proposed revocation by cer- ration date is set within 90 days of the tified or registered mail. This notice permit change; or shall identify the permit to be revoked, (4) A permittee who has a permit the reason(s) for such revocation, the proposed disposition of the wildlife, if issued or renewed but has not been any, and inform the permittee of the granted authority by the permit to per- right to object to the proposed revoca- form all activities requested in the ap- tion. The issuing officer may amend plication, except when the activity re- any notice of revocation at any time. quested is one for which there is no (2) Upon receipt of a notice of pro- lawful authority to issue a permit. posed revocation the permittee may (b) Method of requesting reconsider- file a written objection to the proposed ation. Any person requesting reconsid- action. Such objection must be in writ- eration of an action under this part ing, must be filed within 45 calendar must comply with the following cri- days of the date of the notice of pro- teria: posal, must state the reasons why the (1) Any request for reconsideration permittee objects to the proposed rev- must be in writing, signed by the per- ocation, and may include supporting son requesting reconsideration or by documentation. the legal representative of that person, (3) A decision on the revocation shall and must be submitted to the issuing be made within 45 days after the end of officer. the objection period. The issuing offi- (2) The request for reconsideration cer shall notify the permittee in writ- must be received by the issuing officer ing of the Service’s decision and the within 45 calendar days of the date of reasons therefore, together with the in- notification of the decision for which formation concerning the right to re- reconsideration is being requested. quest and the procedures for requesting (3) The request for reconsideration reconsideration. shall state the decision for which re- (4) Unless a permittee files a timely consideration is being requested and request for reconsideration, any wild- shall state the reason(s) for the recon- life held under authority of a permit sideration, including presenting any that is revoked must be disposed of in new information or facts pertinent to accordance with instructions of the the issue(s) raised by the request for issuing officer. If a permittee files a reconsideration. timely request for reconsideration of a (4) The request for reconsideration proposed revocation, such permittee shall contain a certification in sub- may retain possession of any wildlife stantially the same form as that pro- held under authority of the permit vided by § 13.12(a)(5). If a request for re- until final disposition of the appeal consideration does not contain such process. certification, but is otherwise timely [54 FR 38149, Sept. 14, 1989, as amended at 64 and appropriate, it shall be held and FR 32711, June 17, 1999] the person submitting the request shall be given written notice of the need to § 13.29 Review procedures. submit the certification within 15 cal- (a) Request for reconsideration. Any endar days. Failure to submit certifi- person may request reconsideration of cation shall result in the request being an action under this part if that person rejected as insufficient in form and is one of the following: content.

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(c) Inquiry by the Service. The Service Subpart D—Conditions may institute a separate inquiry into the matter under consideration. § 13.41 Humane conditions. (d) Determination of grant or denial of Any live wildlife possessed under a a request for reconsideration. The issuing permit must be maintained under hu- officer shall notify the permittee of the mane and healthful conditions. Service’s decision within 45 days of the receipt of the request for reconsider- [54 FR 38150, Sept. 14, 1989] ation. This notification shall be in § 13.42 Permits are specific. writing, shall state the reasons for the decision, and shall contain a descrip- The authorizations on the face of a tion of the evidence which was relied permit that set forth specific times, upon by the issuing officer. The notifi- dates, places, methods of taking or car- cation shall also provide information rying out the permitted activities, concerning the right to appeal, the offi- numbers and kinds of wildlife or cial to whom an appeal may be ad- plants, location of activity, and associ- dressed, and the procedures for making ated activities that must be carried an appeal. out; describe certain circumscribed transactions; or otherwise allow a spe- (e) Appeal. A person who has received cifically limited matter, are to be an adverse decision following submis- strictly interpreted and will not be in- sion of a request for reconsideration terpreted to permit similar or related may submit a written appeal to the Re- matters outside the scope of strict con- gional Director for the region in which struction. the issuing office is located, or to the Director for offices which report di- [70 FR 18320, Apr. 11, 2005] rectly to the Director. An appeal must be submitted within 45 days of the date § 13.43 Alteration of permits. of the notification of the decision on Permits shall not be altered, erased, the request for reconsideration. The or mutilated, and any permit which appeal shall state the reason(s) and has been altered, erased, or mutilated issue(s) upon which the appeal is based shall immediately become invalid. Un- and may contain any additional evi- less specifically permitted on the face dence or arguments to support the ap- thereof, no permit shall be copied, nor peal. shall any copy of a permit issued pur- (f) Decision on appeal. (1) Before a de- suant to this subchapter B be dis- cision is made concerning the appeal played, offered for inspection, or other- the appellant may present oral argu- wise used for any official purpose for ments before the Regional Director or which the permit was issued. the Director, as appropriate, if such of- § 13.44 Display of permit. ficial judges oral arguments are necessary to clarify issues raised in the Any permit issued under this part written record. shall be displayed for inspection upon (2) The Service shall notify the appel- request to the Director or his agent, or lant in writing of its decision within 45 to any other person relying upon its calendar days of receipt of the appeal, existence. unless extended for good cause and the § 13.45 Filing of reports. appellant notified of the extension. (3) The decision of the Regional Di- Permittees may be required to file rector or the Director shall constitute reports of the activities conducted the final administrative decision of the under the permit. Any such reports shall be filed not later than March 31 Department of the Interior. for the preceding calendar year ending [54 FR 38149, Sept. 14, 1989] December 31, or any portion thereof, during which a permit was in force, unless the regulations of this subchapter B or the provisions of the permit set forth other reporting requirements.

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§ 13.46 Maintenance of records. § 13.49 Surrender of permit. From the date of issuance of the per- Any person holding a permit under mit, the permittee shall maintain com- subchapter B shall surrender such per- plete and accurate records of any tak- mit to the issuing officer upon notifi- ing, possession, transportation, sale, cation that the permit has been sus- purchase, barter, exportation, or im- pended or revoked by the Service, and portation of plants obtained from the all appeal procedures have been ex- wild (excluding seeds) or wildlife pursu- hausted. ant to such permit. Such records shall [54 FR 38150, Sept. 14, 1989] be kept current and shall include names and addresses of persons with § 13.50 Acceptance of liability. whom any plant obtained from the wild Except as otherwise limited in the (excluding seeds) or wildlife has been case of permits described in § 13.25(d), purchased, sold, bartered, or otherwise any person holding a permit under this transferred, and the date of such trans- subchapter B assumes all liability and action, and such other information as responsibility for the conduct of any may be required or appropriate. Such activity conducted under the authority records shall be legibly written or re- of such permit. producible in English and shall be [64 FR 32711, June 17, 1999] maintained for five years from the date of expiration of the permit. Permittees PART 14—IMPORTATION, EXPOR- who reside or are located in the United TATION, AND TRANSPORTATION States and permittees conducting commercial activities in the United States OF WILDLIFE who reside or are located outside the Subpart A—Introduction United States must maintain records at a location in the United States Sec. where the records are available for in- 14.1 Purpose of regulations. spection. 14.2 Scope of regulations. 14.3 Information collection requirements. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 14.4 What terms do I have to understand? 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; 72 FR 48446, Aug. 23, 2007] Subpart B—Importation and Exportation at Designated Ports § 13.47 Inspection requirement. 14.11 General restrictions. Any person holding a permit under 14.12 Designated ports. this subchapter B shall allow the Di- 14.13 Emergency diversion. rector’s agent to enter his premises at 14.14 In-transit shipments. any reasonable hour to inspect any 14.15 Personal baggage and household ef- wildlife or plant held or to inspect, fects. audit, or copy any permits, books, or 14.16 Border ports. 14.17 Personally owned pet birds. records required to be kept by regula- 14.18 Marine mammals. tions of this subchapter B. 14.19 Special ports. 14.20 Exceptions by permit. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 14.21 Shellfish and fishery products. 32377, June 24, 1977] 14.22 Certain antique articles. 14.23 Live farm-raised fish and farm-raised § 13.48 Compliance with conditions of fish eggs. permit. 14.24 Scientific specimens. Any person holding a permit under subchapter B and any person acting Subpart C—Designated Port Exception under authority of such permit must Permits comply with all conditions of the per- 14.31 Permits to import or export wildlife at mit and with all appllicable laws and nondesignated port for scientific pur- regulations governing the permitted poses. activity. 14.32 Permits to import or export wildlife at nondesignated port to minimize deterio- [54 FR 38150, Sept. 14, 1989] ration or loss.

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14.33 Permits to import or export wildlife at SPECIFICATIONS FOR MARINE MAMMALS nondesignated port to alleviate undue (CETACEANS, SIRENIANS, SEA OTTERS, economic hardship. PINNIPEDS, AND POLAR BEARS)

Subpart D [Reserved] 14.131 Primary enclosures. 14.132 Food and water. Subpart E—Inspection and Clearance of 14.133 Care in transit. Wildlife SPECIFICATIONS FOR ELEPHANTS AND 14.51 Inspection of wildlife. UNGULATES 14.52 Clearance of imported wildlife. 14.141 Consignment to carrier. 14.53 Detention and refusal of clearance. 14.142 Primary enclosures. 14.54 Unavailability of Service officers. 14.55 Exceptions to clearance requirements. SPECIFICATIONS FOR SLOTHS, BATS, AND FLYING LEMURS (CYNOCEPHALIDAE) Subpart F—Wildlife Declarations 14.151 Primary enclosures. 14.61 Import declaration requirements. SPECIFICATIONS FOR OTHER TERRESTRIAL 14.62 Exceptions to import declaration re- MAMMALS quirements. 14.63 Export declaration requirements. 14.161 Primary enclosures. 14.64 Exceptions to export declaration requirements. SPECIFICATIONS FOR BIRDS 14.171 Consignment to carrier. Subpart G Reserved [ ] 14.172 Primary enclosures. Subpart H—Marking of Containers or Subpart K—Captive Wildlife Safety Act Packages 14.250 What is the purpose of these regula- 14.81 Marking requirement. tions? 14.82 Alternatives and exceptions to the 14.251 What other regulations may apply? marking requirement. 14.252 What definitions do I need to know? Subpart I—Import/Export Licenses and 14.253 What are the restrictions contained in these regulations? Inspection Fees 14.254 What are the requirements contained 14.91 When do I need an import/export li- in these regulations? cense? 14.255 Are there any exemptions to the re- 14.92 What are the exemptions to the im- strictions contained in these regula- port/export license requirement? tions? 14.93 How do I apply for an import/export li- AUTHORITY: 16 U.S.C. 668, 704, 712, 1382, cense? 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and 14.94 What fees apply to me? 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701. Subpart J—Standards for the Humane and SOURCE: 45 FR 56673, Aug. 25, 1980, unless Healthful Transport of Wild Mammals otherwise noted. and Birds to the United States Subpart A—Introduction 14.101 Purposes. 14.102 Definitions. § 14.1 Purpose of regulations. 14.103 Prohibitions. 14.104 Translations. The regulations contained in this 14.105 Consignment to carrier. part provide uniform rules and proce- 14.106 Primary enclosures. dures for the importation, exportation, 14.107 Conveyance. and transportation of wildlife. 14.108 Food and water. 14.109 Care in transit. § 14.2 Scope of regulations. 14.110 Terminal facilities. 14.111 Handling. The provisions in this part are in ad- 14.112 Other applicable provisions. dition to, and do not supersede other regulations of this subchapter B which SPECIFICATIONS FOR NONHUMAN PRIMATES may require a permit or prescribe addi- 14.121 Primary enclosures. tional restrictions or conditions for the 14.122 Food and water. importation, exportation, and trans- 14.123 Care in transit. portation of wildlife.

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§ 14.3 Information collection require- porter/exporter/owner may rebut this ments. presumption based upon the particular The Office of Management and Budg- facts and circumstances of each case. et (OMB) has approved the information Domesticated animals includes, but is collection requirements contained in not limited to, the following domes- this part 14 under 44 U.S.C. 3507 and as- ticated animals that are exempted signed OMB Control Numbers 1018–0012, from the requirements of this sub- 1018–0092, and 1018–0129. The Service chapter B (except for species obtained may not conduct or sponsor and you from wild populations). are not required to respond to a collec- Mammals: Alpaca—Lama alpaca; tion of information unless it displays a Camel—Camelus dromedarius; Camel currently valid OMB control number. (Boghdi)—Camelus bactrianus; Cat (do- You can direct comments regarding mestic)—Felis domesticus; Cattle—Bos these information collection require- taurus; Dog (domestic)—Canis familiaris; ments to the Service’s Information European rabbit—Ortyctolagus Collection Clearance Officer at the ad- cuniculus; Ferret (domestic)—Mustela dress provided at 50 CFR 2.1(b). putorius; Goat—Capra hircus; Horse— [72 FR 45946, Aug. 16, 2007, as amended at 79 Equus caballus; Llama—Lama glama; FR 43964, July 29, 2014] Pig—Sus scrofa; Sheep—Ovis aries; Water buffalo—Bubalus bubalus; White § 14.4 What terms do I have to under- lab mice—Mus musculus; White lab stand? rate—Rattus norvegicus. In addition to definitions contained Fish (For export purposes only): Carp in part 10 of this subchapter, in this (koi)—Cyprinus carpio; Goldfish— part: Carassius auratus. Accompanying personal baggage means Birds: Chicken—Gallus domesticus; all hand-carried items and all checked Ducks & geese—domesticated varieties; baggage of a person entering into or de- Guinea fowl—Numida meleagris; parting from the United States. Peafowl—Pavo cristatus; Pigeons (do- Accredited scientist means any indi- mesticated)—Columba livia domestrica; vidual associated with, employed by, or Turkey—Meleagris gallopavo; Domes- under contract to and accredited by an ticated or Barnyard Mallards include: accredited scientific institution for the Pekin; Aylesbury; Bouen; Cayuga; purpose of conducting biological or Gray Call; White Call; East Indian; medical research, and whose research Crested; Swedish; Buff Orpington; In- activities are approved and sponsored dian Runner; Campbell; Duclair; by the scientific institution granting Merchtem; Termonde; Magpie; Chinese; accreditation. Khaki Campbell. Accredited scientific institutions means any public museum, public zoological Insects: Crickets, mealworms, honey- park, accredited institution of higher bees (not to include Africanized vari- education, accredited member of the eties), and similar insects that are rou- American Zoo and Aquarium Associa- tinely farm raised. tion, accredited member of the Amer- Other Invertebrates: Earthworms and ican Association of Systematic Collec- similar invertebrates that are rou- tions, or any State or Federal govern- tinely farm raised. ment agency that conducts biological Export means to depart from, to send or medical research. from, to ship from, or to carry out of, Commercial means related to the of- or attempt to depart from, to send fering for sale or resale, purchase, from, to ship from, or to carry out of, trade, barter, or the actual or intended or to consign to a carrier in any place transfer in the pursuit of gain or profit, subject to the jurisdiction of the of any item of wildlife and includes the United States with an intended des- use of any wildlife article as an exhibit tination of any place not subject to the for the purpose of soliciting sales, jurisdiction of the United States, without regard to quantity or weight. whether or not such departure, send- There is a presumption that eight or ing, or carrying, or shipping con- more similar unused items are for com- stitutes an exportation within the mercial use. The Service or the im- meaning of the Custom laws of the

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United States. When a passenger leav- (q) Seattle, Washington. ing the jurisdiction of the United [69 FR 70382, Dec. 6, 2004] States enters the designated international area of embarkation of an air- § 14.13 Emergency diversion. port, all accompanying personal hand- carried items and checked baggage will Wildlife which has been imported be regarded as exports. into the United States at any port or Import means to land on, bring into, place other than a designated port sole- or introduce into, or attempt to land ly as a result of a diversion due to an on, bring into, or introduce into any aircraft or vessel emergency must pro- place subject to the jurisdiction of the ceed as an in-transit shipment under United States, whether or not such Customs bond to a designated port, or landing, bringing, or introduction con- to any port where a permit or other stitutes an importation within the provision of this part provides for law- meaning of the tariff laws of the ful importation. United States. § 14.14 In-transit shipments. We means Fish and Wildlife Service or Service. (a) Wildlife destined for a point with- You means licensee, or importer/ex- in the United States may be imported porter of record. into the United States at any port if such wildlife proceeds as an in-transit [61 FR 31868, June 21, 1996, as amended at 64 shipment under Customs bond to a des- FR 23025, Apr. 29, 1999] ignated port, or to any port where a permit or other provision of this part Subpart B—Importation and provides for lawful importation. Exportation at Designated Ports (b) Wildlife moving in-transit through the United States from one § 14.11 General restrictions. foreign country to another foreign Except as otherwise provided in this country is exempt from the designated part, no person may import or export port requirements of this part, if such any wildlife at any place other than a wildlife is not unloaded within the Customs port of entry designated in United States. § 14.12. § 14.15 Personal baggage and house- [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. hold effects. 1, 1980] (a) Any person may import into or § 14.12 Designated ports. export from the United States at any Customs port wildlife products or man- The following ports of entry are des- ufactured articles that are not in- ignated for the importation and expor- tended for commercial use and are used tation of wildlife and wildlife products as clothing or contained in accom- and are referred to hereafter as ‘‘des- panying personal baggage. However, ignated ports’’: this exception to the designated port (a) Anchorage, Alaska. requirement does not apply to any raw (b) Atlanta, Georgia. or dressed fur; raw, salted, or crusted (c) Baltimore, Maryland. hide or skin; game trophy; or to wild- (d) Boston, Massachusetts. life requiring a permit pursuant to part (e) Chicago, Illinois. 16, 17, 18, 21, or 23 of this subchapter B. (f) Dallas/Fort Worth, Texas. (b) Wildlife products or manufactured (g) Honolulu, Hawaii. articles, including mounted game tro- (h) Houston, Texas. phies or tanned hides, which are not in- (i) Los Angeles, California. tended for sale and are part of a ship- (j) Louisville, Kentucky. ment of the household effects of per- (k) Memphis, Tennessee. sons moving their residence to or from (l) Miami, Florida. the United States may be imported or (m) New Orleans, Louisiana. exported at any Customs port of entry. (n) New York, New York. However, this exception to the des- (o) Portland, Oregon. ignated port requirement does not (p) San Francisco, California. apply to any raw fur; raw, salted, or

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crusted hide or skin; or to wildlife re- § 14.18 Marine mammals. quiring a permit pursuant to part 16, Any person subject to the jurisdic- 17, 18, 21, or 23 of this subchapter B. tion of the United States who has law- [45 FR 56673, Aug. 25, 1980, as amended at 61 fully taken a marine mammal on the FR 31868, June 21, 1996] high seas and who is authorized to import such marine mammal in accord- § 14.16 Border ports. ance with the Marine Mammal Protec- (a) Except for wildlife requiring a tion Act of 1972 and implementing reg- permit pursuant to part 16, 17, 18, 21, or ulations (50 CFR parts 18 and 216) may 23 of this subchapter B, wildlife whose import such marine mammal at any country of origin is Canada or the port or place. United States may be imported or ex- § 14.19 Special ports. ported at any of the following Customs ports of entry: (a) Except for wildlife requiring a (1) Alaska—Alcan; permit pursuant to part 16, 17, 18, 21, or (2) Idaho—Eastport; 23 of this subchapter B, wildlife which is imported for final destination in (3) Maine—Calais, Houlton, Jackman; Alaska, Puerto Rico, or the Virgin Is- (4) Massachusetts—Boston; lands, may be imported through those (5) Michigan—Detroit, Port Huron, Customs ports of entry named here- Sault Sainte Marie; after for the respective State or Terri- (6) Minnesota—Grand Portage, Inter- tory of final destination: national Falls, Minneapolis-St. Paul; (1) Alaska—Alcan, Anchorage, Fair- (7) Montana—Raymond, Sweetgrass; banks, Juneau; (8) New York—Buffalo-Niagara Falls, (2) Puerto Rico—San Juan; and Champlain; (3) Virgin Islands—San Juan, Puerto (9) North Dakota—Dunseith, Rico. Pembina, Portal; (b) Except for wildlife requiring a (10) Ohio—Cleveland; permit pursuant to part 16, 17, 18, 21, or (11) Vermont—Derby Line, Highgate 23 of this subchapter B, wildlife which Springs; and originates in Alaska, Puerto Rico, or (12) Washington—Blaine, Sumas. the Virgin Islands, may be exported (b) Except for wildlife requiring a through the following Customs ports permit pursuant to part 16, 17, 18, 21, or for the respective State or Territory: 23 of this subchapter B, wildlife whose (1) Alaska—Alcan, Anchorage, Fair- country of origin is Mexico or the banks, Juneau; (2) Puerto Rico—San Juan; and United States may be imported or ex- (3) Virgin Islands—San Juan, Puerto ported at any of the following Customs Rico. ports of entry: (c) Except for wildlife requiring a (1) Arizona—Lukeville, Nogales; permit pursuant to part 16, 17, 18, 21, or (2) California—Calexico, San Diego- 23 of this subchapter B, wildlife which San Ysidro; and has a final destination of Guam or (3) Texas—Brownsville, El Paso, La- which originates in Guam may be im- redo. ported or exported, as appropriate, (c) Except for wildlife requiring a through the port of Agana, Guam. permit pursuant to part 16, 17, 18, or 21 of this subchapter B, wildlife lawfully § 14.20 Exceptions by permit. taken by U.S. residents in the United Wildlife may be imported into or ex- States, Canada, or Mexico and imported from the United States at any ported or exported for noncommercial Customs port of entry designated in purposes, may be imported or exported the terms of a valid permit issued pur- at any Customs port of entry. suant to subpart C of this part.

§ 14.17 Personally owned pet birds. § 14.21 Shellfish and fishery products. Any person may import a personally (a)(1) General. Except for wildlife re- owned pet bird at any port designated quiring a permit pursuant to part 17 or under, and in accordance with, 9 CFR 23 of this subchapter, shellfish and fish- part 92. ery products imported or exported for

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purposes of human or animal consump- § 14.24 Scientific specimens. tion or taken in waters under the juris- Except for wildlife requiring a permit diction of the United States or on the pursuant to parts 16, 17, 18, 21, 22 or 23 high seas for recreational purposes of this subchapter, dead, preserved, may enter or exit at any Customs port. dried, or embedded scientific specimens (2) Except for wildlife requiring a or parts thereof, imported or exported permit pursuant to part 17 or part 23 of by accredited scientists or accredited this subchapter, live aquatic inverte- scientific institutions for taxonomic or brates of the Class Pelecypoda (com- systematic research purposes may monly known as oysters, clams, mus- enter or exit through any U.S. Customs sels, and scallops) and the eggs, larvae, port, or may be shipped through the or juvenile forms thereof may be ex- international mail system. Provided, ported for purposes of propagation, or that this exception will not apply to research related to propagation, at any any specimens or parts thereof taken Customs port. as a result of sport hunting. (b) Pearls. Except for wildlife requiring a permit pursuant to part 17 or 23 [61 FR 31869, June 21, 1996] of this subchapter, pearls imported or exported for commercial purposes may Subpart C—Designated Port enter or exit the United States at any Exception Permits Customs port of entry. For the purposes of this part, all references to the § 14.31 Permits to import or export term shellfish and fishery products will wildlife at nondesignated port for include pearls. scientific purposes. (a) General. The Director may, upon [61 FR 31868, June 21, 1996] receipt of an application submitted in accordance with the provisions of this § 14.22 Certain antique articles. section and §§ 13.11 and 13.12 of this sub- Any person may import at any Cus- chapter, and in accordance with the toms Service port designated for such issuance criteria of this section, issue a purpose, any article (other than scrim- permit authorizing importation or ex- shaw, defined in 16 U.S.C 1539(f)(1)(B) portation of wildlife for scientific pur- and 50 CFR 217.12 as any art form that poses at one or more named Customs involves the etching or engraving of de- port(s) of entry not otherwise author- signs upon, or the carving of figures, ized by subpart B. Such permits may patterns, or designs from, any bone or authorize a single importation or ex- tooth of any marine mammal of the portation, a series of importations or order Cetacea) that is at least 100 years exportations, or importation or expor- old, is composed in whole or in part of tation during a specified period of any endangered or threatened species time. listed under § 17.11 or § 17.12 of this sub- (b) Application procedure. Applica- chapter, and has not been repaired or tions for permits to import or export modified with any part of any endan- wildlife at a nondesignated port for sci- gered or threatened species on or after entific purposes must be submitted to December 28, 1973. the Director. Each application must [61 FR 31868, June 21, 1996] contain the general information and certification required by § 13.12(a) of § 14.23 Live farm-raised fish and farm- this subchapter, plus the following ad- raised fish eggs. ditional information: (1) The scientific purpose or uses of Live farm-raised fish and farm-raised the wildlife to be imported or exported; fish eggs meet the definition of ‘‘bred (2) The number and kinds of wildlife in captivity’’ as stated in 50 CFR 17.3. described by scientific and common Except for wildlife requiring a permit names to be imported or exported pursuant to parts 17 or 23 of this sub- where such number and kinds can be chapter, live farm-raised fish and farm- determined; raised fish eggs may be exported from (3) The country or place in which the any U.S. Customs port. wildlife was removed from the wild (if [59 FR 41714, Aug. 15, 1994] known), or where born in captivity;

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(4) The port(s) of entry where impor- (b) Application procedure. Applica- tation or exportation is requested, and tions for permits to import or export the reasons why importation or expor- wildlife at a nondesignated port to tation should be allowed at the re- minimize deterioration or loss must be quested port(s) of entry rather than at submitted to the Director. Each appli- a designated port; and cation must contain the general infor- (5) A statement as to whether the ex- mation and certification required in ception is being requested for a single § 13.12(a) of this subchapter, plus the shipment, a series of shipments, or following additional information: shipments over a specified period of (1) The number and kinds of wildlife time and the date(s) involved. described by scientific and common (c) Additional permit conditions. In ad- names to be imported or exported dition to the general conditions set where such number and kinds can be forth in part 13 of this subchapter B, determined; permits to import or export wildlife at (2) The country or place in which the a nondesignated port issued under this wildlife was removed from the wild (if section are subject to the following known), or where born in captivity; condition: Permittee shall file such re- (3) The port(s) of entry where impor- ports as specified on the permit, if any. tation or exportation is requested, and (d) Issuance criteria. The Director the reasons why importation or expor- shall consider the following in deter- tation should be allowed at the re- mining whether to issue a permit under quested port(s) of entry rather than at this section: a designated port (information must be (1) Benefit to a bona fide scientific re- included to show that an importation search project, other scientific pur- or exportation at a designated port pose, or facilitation of the exchange of would result in a substantial deteriora- preserved museum specimens; tion or loss of the wildlife); and (2) The kind of wildlife involved and (4) A statement as to whether the ex- its place of origin; ception is being requested for a single (3) The reasons why the exception is shipment, a series of shipments, or requested; and shipments over a specified period of time and the date(s) involved. (4) Availability of a Service officer. (c) Additional permit conditions. In ad- (e) Duration of permits. Any permit dition to the general conditions set issued under this section expires on the forth in part 13 of this subchapter B, date designated on the face of the per- permits to import or export wildlife at mit. In no case will the permit be valid a nondesignated port issued under this for more than 2 years from the date of section are to be subject to the fol- issuance. lowing conditions: § 14.32 Permits to import or export (1) Permittee shall file such reports wildlife at nondesignated port to as may be specified on the permit, if minimize deterioration or loss. any; and (a) General. The Director may, upon (2) Permittee must pay fees in ac- receipt of an application submitted in cordance with § 14.94. accordance with the provisions of this (d) Issuance criteria. The Director section and §§ 13.11 and 13.12 of this sub- shall consider the following in deter- chapter, and in accordance with the mining whether to issue a permit under issuance criteria of this section, issue a this section: permit authorizing importation or ex- (1) Likelihood of a substantial dete- portation of wildlife, in order to mini- rioration or loss of the wildlife in- mize deterioration or loss, at one or volved; more named Customs port(s) of entry (2) The kind of wildlife involved and not otherwise authorized by subpart B. its place of origin; and Such permits may authorize a single (3) Availability of a Service officer. importation or exportation, a series of (e) Duration of permits. Any permit importations or exportations, or im- issued under this section expires on the portation or exportation during a spec- date designated on the face of the per- ified period of time. mit. In no case will the permit be valid

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more than 2 years from the date of which importation or exportation is issuance. authorized by subpart B without a permit); and [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, (5) A statement as to whether the ex- 1996] ception is being requested for a single shipment, a series of shipments, or § 14.33 Permits to import or export shipments over a specified period of wildlife at nondesignated port to al- time and the date(s) involved. leviate undue economic hardship. (c) Additional permit conditions. In ad- (a) General. The Director may, upon dition to the general conditions set receipt of an application submitted in forth in part 13 of this subchapter B, accordance with the provisions of this permits to import or export wildlife at section and §§ 13.11 and 13.12 of this sub- a nondesignated port issued under this chapter, and in accordance with the section are subject to the following issuance criteria of this section, issue a conditions: permit authorizing importation or ex- (1) Permittee shall file such reports portation of wildlife in order to allevi- as specified on the permit, if any; and ate undue economic hardship at one or (2) Permittee must pay fees in ac- more named Customs port(s) of entry cordance with § 14.94. not otherwise authorized by subpart B. (d) Issuance criteria. The Director Such permits may authorize a single shall consider the following in deter- importation or exportation, a series of mining whether to issue a permit under importations or exportations, or im- this section: portation or exportation during a spec- (1) The difference between the cost of ified period of time. importing or exporting the wildlife at (b) Application procedure. Applica- the port requested and the lowest cost tions for permits to import or export of importing or exporting such wildlife wildlife at a nondesignated port to al- at a port authorized by these regula- leviate undue economic hardship must tions without a permit; be submitted to the Director. Each ap- (2) The severity of the economic plication must contain the general in- hardship that likely would result formation and certification required in should the permit not be issued; § 13.12(a) of this subchapter, plus the following additional information: (3) The kind of wildlife involved, in- (1) The number and kinds of wildlife cluding its form and place of origin; described by scientific and common and names to be imported or exported, (4) Availability of a Service officer. where such number and kinds can be (e) Duration of permits. Any permit determined, and a description of the issued under this section expires on the form in which it is to be imported, such date designated on the face of the per- as ‘‘live,’’ ‘‘frozen,’’ ‘‘raw hides,’’ or a mit. In no case will the permit be valid full description of any manufactured for more than 2 years from the date of product; issuance. (2) The country or place in which the [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. wildlife was removed from the wild (if 1, 1980, as amended at 61 FR 31869, June 21, known), or where born in captivity; 1996] (3) The name and address of the supplier or consignee; Subpart D [Reserved] (4) The port(s) of entry where importation or exportation is requested, and the reasons why importation or expor- Subpart E—Inspection and tation should be allowed at the re- Clearance of Wildlife quested port(s) of entry rather than at a designated port (information must be § 14.51 Inspection of wildlife. included to show the monetary dif- Subject to applicable limitations of ference between the cost of importa- law, Service officers and Customs offi- tion or exportation at the port re- cers may detain for inspection and in- quested and the lowest cost of importa- spect any package, crate, or other con- tion or exportation at the port through tainer, including its contents, and all

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accompanying documents, upon impor- (3) All permits or other documents tation or exportation. The Director required by the laws or regulations of may charge reasonable fees, including any foreign country; salary, overtime, transportation and (4) The wildlife being imported or ex- per diem of Service officers, for wildlife ported; and import or export inspections specially (5) Any documents and permits re- requested by the importer or exporter quired by the country of export or re- at times other than regular work hours export for the wildlife. or locations other than usual for such [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. inspections at the port. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996] [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, § 14.53 Detention and refusal of clear- 1985] ance. § 14.52 Clearance of imported wildlife. (a) Detention. Any Service officer, or Customs officer acting under § 14.54, (a) Except as otherwise provided by may detain imported or exported wild- this subpart, a Service officer must life and any associated property. As clear all wildlife imported into the soon as practicable following the im- United States prior to release from de- portation or exportation and decision tention by Customs officers. A Service to detain, the Service will mail a no- officer must clear all wildlife to be ex- tice of detention by registered or cer- ported from the United States prior to tified mail, return receipt requested, to the physical loading of the merchan- the importer or consignee, or exporter, dise on a vehicle or aircraft, or the if known or easily ascertainable. Such containerization or palletizing of such notice must describe the detained wild- merchandise for export, unless a Serv- life or other property, indicate the rea- ice officer expressly authorizes other- son for the detention, describe the gen- wise. Such clearance does not con- eral nature of the tests or inquiries to stitute a certification of the legality of be conducted, and indicate that if the an importation or exportation under releasability of the wildlife has not the laws or regulations of the United been determined within 30 days after States. the date of the notice, or a longer pe- (b) An importer/exporter or his/her riod if specifically stated, that the agent may obtain clearance by a Serv- Service will deem the wildlife to be ice officer only at designated ports seized and will issue no further notifi- (§ 14.12), at border ports (§ 14.16), at spe- cation of seizure. cial ports (§ 14.19), or at a port where (b) Refusal of clearance. Any Service importation or exportation is author- officer may refuse clearance of im- ized by a permit issued under subpart C ported or exported wildlife and any of this part. An importer/exporter must Customs officer acting under § 14.54 return forthwith any wildlife released may refuse clearance of imported wild- without a Service officer’s clearance or life when there are responsible grounds clearance by Customs for the Service to believe that: (1) A Federal law or regulation has under authority of § 14.54 to a port been violated; where clearance may be obtained pur- (2) The correct identity and country suant to this subpart. of origin of the wildlife has not been es- (c) To obtain clearance, the importer, tablished (in such cases, the burden is exporter, or the importer’s or export- upon the owner, importer, exporter, er’s agent will make available to a consignor, or consignee to establish Service officer or a Customs officer such identity by scientific name to the acting under § 14.54: species level or, if any subspecies is (1) All shipping documents (including protected by the laws of this country bills of lading, waybills and packing or the country of origin to the sub- lists or invoices); species level); (2) All permits, licenses or other doc- (3) Any permit, license, or other documents required by the laws or regula- umentation required for clearance of tions of the United States; such wildlife is not available, is not

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currently valid, has been suspended or spection and investigation by the Serv- revoked, or is not authentic; ice. (4) The importer, exporter, or the im- (e) Personally owned pet birds. Person- porter’s or exporter’s agent has filed an ally owned pet birds lawfully imported incorrect or incomplete declaration for at a port of entry under § 14.17, may, if importation or exportation as provided a Service officer is not available within in § 14.61 or § 14.63; or a reasonable time, be cleared by Cus- (5) The importer, exporter, or the im- toms officers, subject to post-clearance porter’s or exporter’s agent has not inspection and investigation by the paid any fee or portion of balance due Service. for inspection fees required by § 14.93 or (f) Exports. Exporters or their agents § 14.94, or penalties assessed against the must notify the Service and make the importer or exporter under 50 CFR part shipment available for inspection at 11. This paragraph does not apply to least 48 hours prior to the estimated penalty assessments on appeal in ac- time of exportation of any wildlife. cordance with the provisions of part 11. [45 FR 56673, Aug. 25, 1980, as amended at 61 [61 FR 31869, June 21, 1996] FR 31869, June 21, 1996] § 14.54 Unavailability of Service officers. § 14.55 Exceptions to clearance requirements. (a) Designated ports. All wildlife arriv- ing at a designated port must be Except for wildlife requiring a permit cleared by a Service officer prior to pursuant to part 17 or 23 of this sub- Customs clearance and release. When chapter B, clearance is not required for importers or their agents expect live or the importation of the following wild- perishable shipments of wildlife or life: wildlife products or request inspection (a) Shellfish and fishery products im- at the time of arrival, they must notify ported for purposes of human or animal the Service at least 48 hours prior to consumption or taken in waters under the estimated time of arrival. However, the jurisdiction of the United States or where a Service officer is not available on the high seas for recreational pur- within a reasonable time, Customs Of- poses; ficers may clear live or perishable wild- (b) Marine mammals lawfully taken life subject to post-clearance inspec- on the high seas by United States resi- tion and investigation by the Service. dents and imported directly into the (b) Border and special ports. Wildlife United States; and lawfully imported at Canadian or Mexi- (c) Certain antique articles as speci- can border ports under § 14.16, or into fied in § 14.22 which have been released Alaska, Puerto Rico, or the Virgin Is- from custody by Customs officers lands, under § 14.19, may, if a Service under 19 U.S.C. 1499. officer is not available within a reason- (d) Dead, preserved, dried, or embed- able time, be cleared by Customs offi- ded scientific specimens or parts there- cers, subject to post-clearance inspec- of, imported or exported by accredited tion and investigation by the Service. scientists or accredited scientific insti- (c) Permit imports. Wildlife imported tutions for taxonomic or systematic re- at a nondesignated port in accordance search purposes. Except: That this ex- with the terms of a valid permit issued ception will not apply to any speci- under subpart C of this part, may, if a mens or parts thereof taken as a result Service officer is not available within a of sport hunting. reasonable time, be cleared by Customs officers, subject to post-clearance in- [45 FR 56673, Aug. 25, 1980, as amended at 61 spection and investigation by the Serv- FR 31869, June 21, 1996] ice. (d) Personal baggage and household ef- Subpart F—Wildlife Declarations fects. Wildlife lawfully imported at any port of entry under § 14.15, may, if a § 14.61 Import declaration require- Service officer is not available within a ments. reasonable time, be cleared by Customs Except as otherwise provided by the officers, subject to post-clearance in- regulations of this subpart, importers

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or their agents must file with the Serv- (3) Wildlife products or manufactured ice a completed Declaration for Impor- articles that are not intended for com- tation or Exportation of Fish or Wild- mercial use and are a part of a ship- life (Form 3–177), signed by the im- ment of the household effects of per- porter or the importer’s agent, upon sons moving their residence to the the importation of any wildlife at the United States, except that an importer place where Service clearance under or his/her agent must file a declaration § 14.52 is requested. However, wildlife for raw or dressed furs and for raw, may be transshipped under bond to a salted, or crusted hides or skins. different port for release from custody (c) General declarations for certain by Customs Service officers under 19 specimens. Notwithstanding the provi- U.S.C. 1499. For certain antique arti- sions of 14.61 and except for wildlife in- cles as specified in § 14.22, importers or cluded in paragraph (d) of this section, their agents must file a Form 3–177 an importer or his/her agent may de- with the District Director of Customs scribe in general terms on a Declara- at the port of entry prior to release tion for the Importation or Expor- from Customs custody. Importers or tation of Fish or Wildlife (Form 3–177) their agents must furnish all applicable scientific specimens imported for sci- information requested on the Form 3– entific institutions for taxonomic, sys- 177 and the importer, or the importer’s tematic research, or faunal survey pur- agent, must certify that the informa- poses. An importer or his/her agent tion furnished is true and complete to must file an amended Form 3–177 with- the best of his/her knowledge and be- in 180 days after filing of the general lief. declaration with the Service. The declaration must identify specimens to [61 FR 49980, Sept. 24, 1996] the most accurate taxonomic classification reasonably practicable using § 14.62 Exceptions to import declara- the best available taxonomic information requirements. tion. The Director may grant exten- (a) Except for wildlife requiring a sions of the 180-day period. permit pursuant to part 17 or 23 of this (d) Except for wildlife requiring a subchapter B, an importer or his/her permit pursuant to part 16, 17, 18, 21, 22 agent does not have to file a Declara- or 23 of this subchapter, an importer or tion for Importation or Exportation of his/her agent does not have to file a Fish or Wildlife (Form 3–177) for impor- Declaration for the Importation or Ex- tation of shellfish and fishery products portation of Fish or Wildlife (Form 3– imported for purposes of human or ani- 177) at the time of importation for mal consumption, or taken in waters shipments of dead, preserved, dried, or under the jurisdiction of the United embedded scientific specimens or parts States or on the high seas for rec- thereof, imported by accredited sci- reational purposes; entists or accredited scientific institu- (b) Except for wildlife requiring a tions for taxonomic or systematic re- permit pursuant to part 16, 17, 18, 21, or search purposes. An importer or his/her 23 of this subchapter B, a Declaration agent must file a Form 3–177 within 180 for Importation or Exportation of Fish days of importation with the appro- or Wildlife (Form 3–177) does not have priate Assistant Regional Director— to be filed for importation of the fol- Law Enforcement in the Region where lowing: the importation occurs. The declara- (1) Fish taken for recreational pur- tion must identify the specimens to the poses in Canada or Mexico; most accurate taxonomic classification (2) Wildlife products or manufactured reasonably practicable using the best articles that are not intended for com- available taxonomic information, and mercial use and are used as clothing or must declare the country of origin. Ex- contained in accompanying personal cept: That this exception will not apply baggage, except that an importer or to any specimens or parts thereof his/her agent must file a Form 3–177 for taken as a result of sport hunting. raw or dressed furs; for raw, salted, or [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. crusted hides or skins; and for game or 1, 1980, as amended at 61 FR 31870, June 21, game trophies; and 1996]

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§ 14.63 Export declaration require- (3) Shipments of dead, preserved, ments. dried, or embedded scientific specimens Except as otherwise provided by the or parts thereof, exported by accredited regulations of this subpart, a com- scientists or accredited scientific insti- pleted Declaration for Importation or tutions for taxonomic or systematic re- Exportation of Fish or Wildlife (Form search purposes. An exporter or his/her 3–177) signed by the exporter, or the ex- agent must file a Form 3–177 within 180 porter’s agent, shall be filed with the days of exportation with the appro- Service prior to the export of any wild- priate Assistant Regional Director— life at the port of exportation as au- Law Enforcement in the Region where thorized in subpart B of this part. All the exportation occurs. The declara- applicable information requested on tion must identify the specimens to the the Form 3–177 shall be furnished, and most accurate taxonomic classification the exporter or the exporter’s agent reasonably practicable using the best shall certify that the information fur- available taxonomic information, and nished is true and complete to the best must declare the country of origin. Ex- of his/her knowledge and belief. cept: That this exception will not apply to any specimens or parts thereof § 14.64 Exceptions to export declara- taken as a result of sport hunting. tion requirements. (c) Except for wildlife requiring a pe- (a) Except for wildlife requiring a riod pursuant to parts 17 or 23 of this permit pursuant to part 17 or 23 of this subchapter, a Declaration for the Im- subchapter B, an exporter or his/her portation or Exportation of Fish or agent does not have to file a Declara- Wildlife (Form 3–177) does not have to tion for Importation or Exportation of be filed for the exportation of live Fish or Wildlife (Form 3–177) for the ex- farm-raised fish and farm-raised fish portation of shellfish and fishery prod- eggs as defined in § 14.23. ucts exported for purposes of human or [45 FR 56673, Aug. 25, 1980, as amended at 59 animal consumption or taken in waters FR 41714, Aug. 15, 1994; 61 FR 31870, June 21, under the jurisdiction of the United 1996] States or on the high seas for recreational purposes, and does not have to file for the exportation of live Subpart G [Reserved] aquatic invertebrates of the Class Pelecypoda (commonly known as oys- Subpart H—Marking of Containers ters, claims, mussels, and scallops) and or Packages the eggs, larvae, or juvenile forms thereof exported for purposes of propa- SOURCE: 52 FR 45341, Nov. 27, 1987, unless gation, or research related to propaga- otherwise noted. tion. (b) Except for wildlife requiring a § 14.81 Marking requirement. permit pursuant to part 16, 17, 18, 21, or Except as otherwise provided in this 23 of this subchapter B, a Declaration subpart, no person may import, export, for the Importation or Exportation of or transport in interstate commerce Fish or Wildlife (Form 3–177) does not any container or package containing have to be filed for the exportation of any fish or wildlife (including shellfish the following: and fishery products) unless he/she (1) Wildlife that is not intended for marks each container or package con- commercial use where the value of spicuously on the outside with both the such wildlife is under $250; name and address of the shipper and (2) Wildlife products or manufactured consignee. An accurate and legible list articles, including game trophies, that of its contents by species scientific are not intended for commercial use name and the number of each species and are used as clothing or contained and whether or not the listed species in accompanying personal baggage or are venomous must accompany the en- are part of a shipment of the household tire shipment. effects of persons moving their residence from the United States; and [61 FR 31870, June 21, 1996]

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§ 14.82 Alternatives and exceptions to voice, bill or lading, or other similar the marking requirement. document, must reflect that number or (a) The requirements of § 14.81 may be label. However, each subcontainer con- met by complying with one of the fol- taining a venomous species must be lowing alternatives to the marking re- clearly marked as venomous. quirement: (4) A conveyance (truck, plane, boat, (1)(i) Conspicuously marking the out- etc.) is not considered a container for side of each container or package con- purposes of requiring specific marking taining fish or wildlife with the word of the conveyance itself, provided that: ‘‘fish’’ or ‘‘wildlife’’ as appropriate for (i) The fish or wildlife within the con- its contents, or with the common name veyance is carried loosely or is readily of its contents by species, and identifiable, and is accompanied by the (ii) Including an invoice, packing document required by paragraph list, bill of lading, or similar document (a)(1)(ii) of this section, or to accompany the shipment which ac- (ii) The fish or wildlife is otherwise curately states the name and address packaged and marked in accordance of the shipper and consignee, states the with this subpart. total number of packages or containers (b) The requirements of § 14.81 do not in the shipment, and for each species in apply to containers or packages con- the shipment specifies: taining— (A) The common name that identifies (1) Fox, nutria, rabbit, mink, chin- the species (examples include: Chinook chilla, marten, fisher, muskrat, and (or king) salmon; bluefin tuna; and karakul that have been bred and born whitetail deer) and whether or not the in captivity, or their products, if a listed species is venomous; and signed statement certifying that the (B) The number of that species (or animals were bred and born in cap- other appropriate measure of quantity tivity accompanies the shipping docu- such as gross or net weight). ments; The invoice, packing list, bill of lading, (2) Fish or shellfish contained in re- or equivalent document must be se- tail consumer packages labeled pursu- curely attached to the outside of one ant to the Food, Drug and Cosmetic container or package in the shipment Act, 21 U.S.C. 301 et seq.; or or otherwise physically accompany the (3) Fish or shellfish that are landed shipment in a manner which makes it by, and offloaded from, a fishing vessel readily accessible for inspection; or (whether or not the catch has been car- (2) Affixing the shipper’s wildlife im- ried by the fishing vessel interstate), as port/export license number preceded by long as the fish or shellfish remain at the three letters ‘‘FWS’’ on the outside the place where first offloaded. of each container or package con- (Approved by the Office of Management and taining fish or wildlife, if the shipper Budget under control number 1018–0022) has valid wildlife import/export license issued under authority of 50 CFR part [52 FR 45341, Nov. 27, 1987, as amended at 61 14. For each shipment marked in ac- FR 31871, June 21, 1996] cordance with this paragraph, the records maintained under § 14.93(c) Subpart I—Import/Export Licenses must include a copy of the invoice, and Inspection Fees packing list, bill of lading, or other similar document that accurately SOURCE: 73 FR 74628, Dec. 9, 2008, unless states the information required by otherwise noted. paragraph (a)(1)(ii) of this section. (3) In the case of subcontainers or § 14.91 When do I need an import/ex- packages within a larger packing con- port license? tainer, only the outermost container (a) The Endangered Species Act (16 must be marked in accordance with U.S.C. 1538(d)(1)) makes it unlawful for this section. Except, that for live fish or any person to engage in business as an wildlife that are packed in subcon- importer or exporter of certain fish or tainers within a larger packing con- wildlife without first having obtained tainer, if the subcontainers are num- permission from the Secretary. For the bered or labeled, the packing list, in- purposes of this subchapter, engage in

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business means to import or export § 14.92 What are the exemptions to the wildlife for commercial purposes. import/export license requirement? (b) Except as provided in § 14.92, if (a) Certain wildlife. Any person may you engage in the business of import- engage in business as an importer or ing or exporting wildlife for commer- exporter of the following types of wild- cial purposes (see § 14.4), you must ob- life without obtaining an import/export tain an import/export license prior to license: importing or exporting your wildlife (1) Shellfish (see § 10.12 of this chap- shipment. ter) and nonliving fishery products (c) The following table includes some that do not require a permit under examples of when an import/export li- parts 16, 17, or 23 of this subchapter, cense is required: and are imported or exported for purposes of human or animal consumption . . . do I need an If I import into the United States or ex- import/export or taken in waters under the jurisdic- port from the United States license? tion of the United States or on the high seas for recreational purposes; (1) Wildlife in the form of products such Yes. as garments, bags, shoes, boots, jew- (2) Live farm-raised fish and farm- elry, rugs, trophies, or curios for com- raised fish eggs of species that do not mercial purposes. require a permit under parts 16, 17, or (2) Wildlife in the form of hides, furs, or Yes. 23 of this subchapter, that meet the skins for commercial purposes. (3) Wildlife in the form of food for com- Yes. definition of ‘‘bred-in-captivity’’ as mercial purposes. stated in § 17.3 of this subchapter and (4) As an animal dealer, animal broker, Yes. that are for export only; and pet dealer, or pet or laboratory sup- (3) Live aquatic invertebrates of the plier. (5) As an individual owner of a person- No. Class Pelecypoda, commonly known as ally owned live wildlife pet for personal oysters, clams, mussels, and scallops, use. and their eggs, larvae, or juvenile (6) As a collector or hobbyist for per- No. forms, that do not require a permit sonal use. (7) As a collector or hobbyist for com- Yes. under parts 16, 17, or 23 of this sub- mercial purposes, including sale, trade chapter, and are exported only for the or barter. purposes of propagation or research re- (8) As a laboratory researcher or bio- Yes. medical supplier for commercial pur- lated to propagation; and poses. (4) Pearls that do not require a per- (9) As a customs broker or freight for- No. mit under parts 16, 17, or 23 of this sub- warder engaged in business as a dis- chapter. patcher, handler, consolidator, or transporter of wildlife or if I file docu- (b) Certain persons. (1) The following ments with the Service on behalf of persons may import or export wildlife others. without obtaining an import/export li- (10) As a common carrier engaged in No. cense, provided that these persons keep business as a transporter of wildlife. (11) As a taxidermist, outfitter, or guide Yes. records that will fully and correctly de- importing or exporting my own hunting scribe each importation or exportation trophies for commercial purposes. of wildlife made by them and the subse- (12) As a taxidermist, outfitter, or guide No. quent disposition made by them with transporting or shipping hunting trophies for clients or customers. respect to the wildlife. (13) As a U.S. taxidermist receiving a No. (i) Public museums, or other public, U.S. client’s personal hunting trophies scientific, or educational institutions, after import clearance for processing. importing or exporting wildlife for (14) As a U.S. taxidermist importing wild- Yes. life from or exporting wildlife to foreign noncommercial research or educational owners who are requesting my serv- purposes; and ices. (ii) Federal, State, tribal, or munic- (15) As a foreign owner of wildlife ex- No. ipal agencies. porting my personal hunting trophies from the United States to my home. (2) Subject to applicable limitations (16) As a circus for exhibition or resale Yes. of law, duly authorized Service officers purposes. at all reasonable times will, upon no- (17) As a Federal, State, municipal, or No. tice, be given access to these persons’ tribal agency. (18) As a public museum, or public sci- No. places of business, an opportunity to entific or educational institution for examine their inventory of imported noncommercial research or edu- wildlife or the wildlife to be exported, cational purposes. the records described in paragraph (1)

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of this section, and an opportunity to (vii) The name, address, telephone, copy those records. and e-mail address, if known, of the person or business who received the § 14.93 How do I apply for an import/ wildlife; export license? (viii) Copies of all permits required (a) Application form. You must submit by the laws and regulations of the a completed FWS Form 3–200–3, includ- United States; and ing the certification found on the form (ix) Copies of all permits required by and in § 13.12(a) of this subchapter, to the laws of any country of export, re- the appropriate regional Special Agent export, or origin of the wildlife. in Charge under the provisions of this (5) You must, upon notice, provide subpart and part 13 of this subchapter. authorized Service officers with access (b) Import/export license conditions. In to your place(s) of business at all rea- addition to the general permit condi- sonable times and give us an oppor- tions in part 13 of this subchapter, you tunity to examine your inventory of must comply with the following condi- imported wildlife or the wildlife to be tions: exported, the records required to be (1) You must comply with all require- kept by paragraph (b)(4) of this section, ments of this part, all other applicable and an opportunity to copy these parts of this subchapter, and any spe- records subject to applicable limita- cific conditions or authorizations de- tions of the law; scribed on the face of, or on an annex (6) You must submit a report con- to, the import/export license; taining the information you must keep (2) You must pay all applicable li- in paragraph (b)(4) of this section with- cense and inspection fees as required in in 30 days of receiving a written re- § 14.94; quest from us; and (3) You are responsible for providing (7) An import/export license gives current contact information to us, in- you general permission to engage in cluding a mailing address where you business as an importer or exporter of will receive all official notices the wildlife. An import/export license is in Service sends; addition to, and does not supersede, (4) You must keep, in a U.S. location, any other license, permit, or require- the following records that completely ment established by Federal, State, or and correctly describe each import or tribal law for the import or export of export of wildlife that you made under wildlife. the import/export license and, if appli- (c) Duration of import/export license. cable, any subsequent disposition that Any import/export license issued under you made of the wildlife, for a period of this section expires on the date shown 5 years: on the face of the import/export li- (i) A general description of the wild- cense. In no case will the import/export life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur license be valid for more than 1 year garments,’’ ‘‘leather goods,’’ ‘‘foot- after the date of issuance. wear,’’ or ‘‘jewelry’’; (d) Issuance, denial, suspension, rev- (ii) The quantity of the wildlife, in ocation, or renewal of import/export li- numbers, weight, or other appropriate cense. We may deny, suspend, revoke, measure; restrict, or deny renewal of an import/ (iii) The common and scientific export license to any person named as names of the wildlife; the holder, or a principal officer or (iv) The country of origin of the wild- agent of the holder, under any of the life, if known, as defined in § 10.12 of criteria described in part 13 of this this subchapter; chapter or under the following criteria: (v) The date and place the wildlife (1) Failure to pay fees, penalties, or was imported or exported; costs required by this part; (vi) The date of the subsequent dis- (2) You repeatedly fail to notify our position, if applicable, of the wildlife Service officers at the appropriate port and the manner of the subsequent dis- at least 48 hours prior to the estimated position, whether by sale, barter, con- time of arrival of a live or perishable signment, loan, delivery, destruction, wildlife shipment under § 14.54(a) or at or other means; least 48 hours prior to the estimated

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time of exportation of any wildlife inspection at the same time at the under § 14.54(f); same location. All applicable base and (3) You repeatedly import or export premium fees apply to each shipment. certain types of wildlife without meet- (f) Premium inspection fees. You must ing the requirements of this part or pay a premium inspection fee in addi- other applicable parts of this sub- tion to any base inspection fees re- chapter. quired in paragraphs (c), (d), and (e) of this section, as defined in § 14.94(h)(4), § 14.94 What fees apply to me? for the following types of shipments: (a) Import/export license application (1) Except as provided in paragraph fees. You must pay the application and (k) of this section, any shipment con- amendment fees, as defined in taining live or protected species, as de- § 13.11(d)(4), for any required import/ex- fined in § 14.94(h)(4), imported or export license processed under § 14.93 and ported by an import/export license part 13 of this subchapter. holder at a designated port or a port (b) Designated port exception permit ap- acting as a designated port. You can plication fees. You must pay the appli- find a list of designated ports in § 14.12 cation and amendment fees, as defined and the criteria that allow certain in § 13.11(d)(4), for any required des- ports to act as designated ports in ignated port exception permit proc- §§ 14.16–14.19, § 14.22, and § 14.24; essed under subpart C of this part. (2) Any shipment containing live or (c) Designated port base inspection fees. protected species, as defined in Except as provided in paragraph (k) of § 14.94(h)(4), imported or exported via this section, an import/export license air, ocean, rail, or truck cargo, by per- holder must pay a base inspection fee, sons not requiring an import/export li- as defined in § 14.94(h)(1), for each wild- cense under § 14.91, at a designated port life shipment imported or exported at a or a port acting as a designated port. designated port or a port acting as a You can find a list of designated ports designated port. You can find a list of in § 14.12 and the criteria that allow designated ports in § 14.12 and the cri- certain ports to act as designated ports teria that allow certain ports to act as in §§ 14.16–14.19, § 14.22, and § 14.24; designated ports in §§ 14.16–14.19, § 14.22, and § 14.24 of this part. (3) Any shipment containing live or (d) Staffed nondesignated port base in- protected species, as defined in spection fees. You must pay a nondes- § 14.94(h)(4), imported or exported at a ignated port base inspection fee, as de- nondesignated port using a designated fined in § 14.94(h)(2), for each wildlife port exception permit issued under sub- shipment imported or exported at a part C of this part. staffed nondesignated port, using a des- (4) You must pay two premium in- ignated port exception permit issued spection fees in addition to any base under subpart C of this part. This fee is inspection fees required in paragraphs in place of, not in addition to, the des- (c), (d), and (e) of this section, as de- ignated port base fee. fined in § 14.94(h)(4), if your wildlife (e) Nonstaffed, nondesignated port base shipment contains live and protected inspection fees. You must pay a nondes- species. ignated port base inspection fee, as de- (g) Overtime fees. You must pay fees fined in § 14.94(h)(3), for each wildlife for any inspections, including travel shipment imported or exported at a time, that begin before normal working nonstaffed, nondesignated port using a hours, that extend beyond normal designated port exception permit working hours, or are on a Federal hol- issued under subpart C of this part. iday, Saturday, or Sunday. You must also pay all travel, transpor- (1) Overtime fees are in addition to tation, and per diem costs associated any base inspection fees or premium with inspection of the shipment. These inspection fees required for each ship- fees are in place of, not in addition to, ment. We will charge these fees regard- the designated port base fee. The Serv- less of whether or not you have an im- ice will prorate charges for travel, port/export license. transportation, and per diem costs if (2) Our ability to perform inspections multiple importers or exporters require during overtime hours will depend

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upon the availability of Service per- by the same importer or exporter and sonnel. If we cannot perform an inspec- we inspect all at the same time at one tion during normal working hours, we location. The overtime fee will consist may give you the option of requesting of one 2-hour minimum or the actual an overtime inspection. time for inspection of all the applicable (3) The overtime fee is calculated shipments, whichever is greater. All using a 2-hour minimum plus any ac- applicable base and premium fees will tual time in excess of the minimum. It apply to each shipment. incorporates the actual time to con- (6) We will charge 1 hour of time at duct an inspection and the travel time 11⁄2 times the hourly labor rate for in- to and from the inspection location. spections beginning less than 1 hour (4) The Service will charge any over- before normal working hours. time, including travel time, in excess (7) We will charge a minimum of 2 of the minimum in quarter-hour incre- hours of time at an hourly rate of 11⁄2 ments of the hourly rate. The Service times the average hourly labor rate for will round up an inspection time of 10 inspections outside normal working minutes or more beyond a quarter-hour hours, except for inspections performed increment to the next quarter-hour and on a Federal holiday. will disregard any time over a quarter- (8) We will charge a minimum of 2 hour increment that is less than 10 hours of time at an hourly rate of 2 minutes. times the average hourly labor rate for (5) The Service will charge only one inspections performed on a Federal overtime fee when multiple shipments holiday. are consigned to or are to be exported (h) Fee schedule.

Fee cost per shipment per year Inspection fee schedule 2012 and 2008 2009 2010 2011 beyond

(1) Designated port base inspection fee $85 ...... $87 ...... $89 ...... $91 ...... $93. (see § 14.94 (c)). (2) Staffed nondesignated port base inspec- $133 ...... $136 ...... $139 ...... $142 ...... $145. tion fee (see § 14.94(d)). (3) Nonstaffed nondesignated port base in- $133 ...... $136 ...... $139 ...... $142 ...... $145. spection fee (see § 14.94(e)). (4) Premium inspection fee at any port (see § 14.94 (f)): (i) Protected species. Any species $19 ...... $37 ...... $56 ...... $74 ...... $93. that requires a permit under parts 15, 16, 17, 18, 21, 22, or 23 of this chapter;. (ii) Live species. Any live wildlife, $19 ...... $37 ...... $56 ...... $74 ...... $93. including live viable eggs and live pupae. (5) Overtime inspection fee (see § 14.94(g)): (i) Inspections beginning less than $48 ...... $49 ...... $51 ...... $52 ...... $53. 1 hour before normal work hours. (ii) Inspections after normal work $96 min. + $98 min. + $101 min. + $103 min. + $105 min. + hours, including Saturday and $48/hr. $49/hr. $51/hr. $52/hr. $53/hr. Sunday. (2 hour minimum charge plus fee for additional time). (iii) Inspections on Federal holi- $128 min. + $131 min.+ $133 min. + $136 min. + $139 min. + days. (2 hour minimum charge $64/hr. $65/hr. $67/hr. $68/hr. $70/hr. plus fee for additional time).

(i) The Service will not refund any (j) All base inspection fees, premium fee or any portion of any license or in- inspection fees, and overtime fees will spection fee or excuse payment of any apply regardless of whether or not a fee because importation, exportation, physical inspection of your wildlife or clearance of a wildlife shipment is shipment is performed, and no fees will refused for any reason. be prorated except as provided in paragraphs (e) and (g)(5) of this section.

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(k) Exemptions to inspection fees—(1) base fees, or the import/export license Certain North American-origin wild mam- and nondesignated port application mal furs or skins. Wildlife shipments fees, and your business must meet all that meet all of the following criteria of the following conditions: are exempt from the designated port (A) Each shipment does not contain base inspection fee (however, these live wildlife. shipments are not exempt from the (B) Each shipment does not contain designated port overtime fees or the wildlife that requires a permit or cer- import/export license application fee): tificate under parts 15, 17, 18, 20, 21, 22, (i) The wildlife is a raw fur; raw, salt- or 23 of this chapter or is listed under ed, or crusted hide or skin; or a sepa- part 16 of this chapter. rate fur or skin part, lawfully taken from the wild in the United States, (C) Each shipment contains 25 or Canada, or Mexico that does not re- fewer wildlife parts and products con- quire permits under parts 17, 18, or 23 of taining wildlife. this chapter; and (D) Each wildlife shipment is valued (ii) You, as the importer or exporter, at $5,000 or less. or a member of your immediate family, (E) Your business has not been as- such as your spouse, parents, siblings, sessed a civil penalty, issued a viola- and children, took the wildlife from tion notice, or convicted of any mis- the wild and are shipping the wildlife demeanor or felony violations involv- between the United States and Canada ing the import or export of wildlife. or Mexico; and (F) Your business has had two or (iii) You have not previously bought fewer wildlife shipments that were re- or sold the wildlife described in para- fused clearance in the 5 years prior to graph (k)(1)(i) of this section, and the the receipt of your request by the Serv- shipment does not exceed 100 raw furs; ice. raw, salted, or crusted hides or skins; (G) Your business has not previously or fur or skin parts; and participated in the program and been (iv) You certify on Form 3–177, Dec- removed for failure to meet the cri- laration for Importation or Expor- tation of Fish or Wildlife, that your teria. shipment meets all the criteria in this (ii) Program participation. To partici- section. pate in the fee exemption program for (2) You do not have to pay base in- low-risk importations and expor- spection fees, premium inspection fees, tations, you must use the Service’s or overtime fees if you are importing electronic declaration filing system or exporting wildlife that is exempt (eDecs) and take the following actions: from import/export license require- (A) You must certify that you will ments as defined in § 14.92(a) or you are exclusively import and export wildlife importing or exporting wildlife as a shipments that meet all the criteria in government agency as defined in paragraph (k)(4)(i) of this section and § 14.92(b)(1)(ii). renew this certification annually. Upon (3) You do not have to pay base in- completion of the certification and re- spection fees, premium inspection fees, view of the criteria by the Service, or overtime fees if you are importing eDecs will notify you if you have been or exporting wildlife that meets the approved to participate in the program. criteria for ‘‘domesticated animals’’ as (B) You must continue to meet the defined in § 14.4. criteria in paragraph (k)(4)(i) of this (4) Fee exemption program for low-risk section while participating in the pro- importations and exportations—(i) Pro- gram criteria. Businesses that require gram. If you fail to meet the criteria an import/export license under § 14.93 after approval, you will be removed may be exempt from the designated from the program and must pay all ap- port base inspection fee as set forth in plicable fees. this paragraph (k)(4)(i). To participate (C) If approved to participate in the in this program, you, the U.S. importer program you must file FWS Form 3–177 or exporter, must continue to pay the and all required accompanying docu- overtime fees, the nondesignated port ments electronically using eDecs for

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each shipment and meet all other re- movement or activities of any wild quirements of this part. mammal or bird. Holding area means a designated area [73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012] at or within a terminal facility that has been specially prepared to provide shelter and other requirements of wild Subpart J—Standards for the Hu- mammals or birds being transported to mane and Healthful Transport the United States and in which such of Wild Mammals and Birds to mammals or birds are maintained prior the United States to, during, or following such shipment. Kept clean means maintained free SOURCE: 57 FR 27108, June 17, 1992, unless from dirt, trash, refuse, excreta, re- otherwise noted. mains from other cargo, and impurities of any type. § 14.101 Purposes. Marine mammal means an individual The purpose of this subpart is to pre- of a species of the orders Cetacea, scribe requirements necessary to en- Pinnipedia, or Sirenia, or a polar bear sure that live wild mammals and birds (Ursus maritimus) or sea otter (Enhydra shipped to the United States arrive lutris). alive, healthy, and uninjured, and that Noncompatible means not capable of transportation of such animals occurs existing together in harmony. under humane and healthful condi- Nonhuman primate means any tions. These regulations implement nonhuman member of the order Pri- section 9(d) of the Lacey Act Amend- mates. ments of 1981. Normal rigors of transportation means the stress that a wild animal can be ex- § 14.102 Definitions. pected to experience as a result of ex- In addition to the definitions con- posure to unaccustomed surroundings, tained in part 10 of subchapter B of this unfamiliar confinement, caging, unfa- chapter, in this subpart— miliar sounds, motion, and other condi- Ambient air temperature means the tions commonly encountered during temperature of the air surrounding a transport. primary enclosure containing a wild Primary enclosure means any struc- mammal or bird. ture used to restrict a mammal or bird Auxiliary ventilation means cooling or to a limited amount of space, such as a air circulation provided by such means cage, room, pen, run, stall, pool, or as vents, fans, blowers, or air condi- hutch. tioning. Professionally accepted standards Carrier means any person operating means a level of practice established as an airline, railroad, motor carrier, acceptable by a body of qualified per- shipping line, or other enterprise en- sons of the veterinary medical profes- gaged in the business of transporting sion. any wild mammal or bird for any pur- Psychological trauma means an epi- pose including exhibition and for any sode of exposure to stressful conditions person, including itself. resulting in significant behavioral ab- Communicable disease means any con- normality including, but not limited tagious, infectious, or transmissible to, manifestations of unaccustomed ag- disease of wild mammals or birds. gressiveness, self-mutilation, or refusal Conveyance means any vehicle, ves- of food or water. sel, or aircraft employed to transport Raptor means a live migratory bird of an animal between its origin and des- the order Falconiformes or the order tination. Strigiformes. Do not tip means do not excessively Sanitize means to make physically rock or otherwise move from a vertical clean and, as far as possible, free of to a slanting position, knock over, or toxic or infectious agents injurious to upset. the health of wild mammals or birds. Handle means feed, manipulate, Scheduled departure time means the crate, shift, transfer, immobilize, re- time listed on a timetable of depar- strain, treat, or otherwise control the tures and arrivals or, in the absence of

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a timetable, the time of departure mammal or bird is being exported. If agreed to by a carrier and shipper. the national government of such coun- Shipper means any person, other than try does not certify veterinarians, then a carrier, involved in the transport of the veterinarian must be certified or li- wild animals to the United States re- censed by a local government author- gardless of the purpose of such trans- ity designated by the national govern- port; e.g., exporter, importer, or agent. ment as authorized to certify veteri- Terrestrial mammals means mammals narians. other than marine mammals. (b)(1) A certificate of veterinary med- Transport means to move, convey, ical inspection, signed by the exam- carry, or ship by any means, or to de- ining veterinarian, stating that the liver or receive for the purpose of animal has been examined, is healthy, movement, carriage, or shipment, by appears to be free of any communicable air, land, or sea. disease, and is able to withstand the Transporting device means any vehicle normal rigors of transport must ac- or device used to transport an animal company the mammal or bird; the cer- between a conveyance and a terminal tificate should include the veterinar- facility, in and around a terminal facil- ian’s license number, certification ity of a carrier, or within a convey- number, or equivalent. A mammal in ance. the last third of its pregnancy, if this Unweaned means a bird or mammal is detectable using professionally ac- incapable of feeding itself independ- cepted standards, shall not be accepted ently. for transport to the United States ex- Wild means the same as fish or wild- cept for medical treatment and unless life, as defined in § 10.12 of this chapter. the examining veterinarian certifies in writing that the animal has been exam- § 14.103 Prohibitions. ined, the state of pregnancy has been Unless the requirements of this sub- evaluated, and that, despite the med- part are fully satisfied and all other ical condition requiring treatment, the legal requirements are met, it is un- animal is physically able to withstand lawful for any person to transport to the normal rigors of transportation to the United States, cause to be trans- the United States. ported to the United States, or allow to (2) A nursing mother with young, an be transported to the United States unweaned mammal unaccompanied by any live wild mammal or bird. It shall its mother, or an unweaned bird shall be unlawful for any person to import, be transported only if the primary pur- to transport, or to cause or permit to pose is for needed medical treatment be transported to the United States and upon certification in writing by any wild mammal or bird under inhu- the examining veterinarian that the mane or unhealthful conditions or in treatment is necessary and the animal violation of this subpart J. is able to withstand the normal rigors of transport. Such an unweaned mam- § 14.104 Translations. mal or bird shall not be transported to Any certificate or document required the United States for medical treat- by this subpart to accompany a mam- ment unless it is accompanied at all mal or bird transported to the United times by and completely accessible to States and written in a foreign lan- a veterinary attendant. guage must be accompanied by an ac- (c) A sick or injured wild mammal or curate English translation. bird shall be permitted transport to the United States only if the primary pur- § 14.105 Consignment to carrier. pose of such transport is for needed (a) No carrier shall accept any live medical treatment and upon certifi- wild mammal or bird for transport to cation in writing by the examining vet- the United States that has not been ex- erinarian that the treatment is nec- amined within 10 days prior to com- essary and the animal is able to with- mencement of transport to the United stand the normal rigors of travel in its States by a veterinarian certified as present condition. A sick or injured qualified by the national government animal shall be accompanied at all of the initial country from which the times throughout the transport process

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by a veterinary attendant qualified to the contained animal, to nearby per- care for and treat it, with continuous sons or animals, or to handlers of the access to the animal. This individual primary enclosure; shall be in possession of or have ready (4) Access to the primary enclosure is access to all medications to be admin- closed and secured with an animal- istered during the transport. proof device designed to prevent acci- (d) No carrier shall accept any wild dental opening and release of the mam- mammal or bird for transport to the mal or bird; United States presented by the shipper (5) The opening of the enclosure is less than 2 hours or more than 6 hours easily accessible for either emergency prior to the scheduled departure of the removal or inspection of the mammal conveyance on which it is to be trans- or bird by authorized personnel with- ported. The carrier shall notify the out the risk of escape of the mammal crew of the presence of live animal or bird; shipments. (6) The enclosure has sufficient openings to ensure adequate circulation of § 14.106 Primary enclosures. air at all times. No carrier shall accept for transport (7) The material of which the pri- to the United States any live wild mary enclosure is constructed is not mammal or bird in a primary enclosure treated with any paint, preservative, or that does not conform to the following other chemical that is injurious or oth- requirements: erwise harmful to the health or well- (a) The Container Requirements of being of mammals and birds. the Live Animal Regulations (LAR), (c) Unless the enclosure is perma- 20th edition, October 1, 1993, published nently affixed in the conveyance or has by the International Air Transport As- an open top for certain large mammals, sociation (IATA) shall be complied spacer bars allowing circulation of air with by all parties transporting wild around the enclosure shall be fitted to mammals or birds to the United the exterior of its top, sides, and base. States. The incorporation by reference Spacer bars on an enclosure need ex- of the LAR was approved by the Direc- tend no more than 6 inches (15 centi- tor of the Federal Register in accord- meters) from the surface of the enclo- ance with 5 U.S.C. 552(a) and 1 CFR sure. Within this 6 inch limit, the spac- part 51. Copies may be obtained from ers on an enclosure containing one ani- IATA, 2000 Peel St., Montreal, Quebec, mal shall extend a distance equal to at Canada H3A 2R4. Copies may be in- least 10 percent of the longer dimen- spected at the U.S. Fish and Wildlife sion of the surface to which they are Service Headquarters (see 50 CFR 2.1(b) attached, and the spacers on an enclo- for address) or at the National Ar- sure containing more than one animal chives and Records Administration shall extend a distance equal to at (NARA). For information on the avail- least 20 percent of the longer dimen- ability of this material at NARA, call sion of the surface to which they are 202–741–6030, or go to: http:// attached. Hand-holds may serve as www.archives.gov/federallregister/ spacer bars for the sides of the enclo- codeloflfederallregulations/ sure to which they are attached. A pri- ibrllocations.html. mary enclosure constructed with one (b) A primary enclosure shall be con- or more slanted or curved walls constructed so that— taining ventilation openings need not (1) The strength of the enclosure is be fitted with spacer bars on such sufficient to contain the mammal or walls. bird and to withstand the normal ef- (d) An enclosure that is not perma- fects of transport; nently affixed within the conveyance (2) The interior of the enclosure is shall have adequate hand-holds or free from any protrusion that could be other devices for lifting by hand or to injurious to the mammal or bird with- facilitate lifting and carrying by main; chine. Such hand-holds or other devices (3) No part of the animal can extend shall be made an integral part of the or protrude outside of the primary en- enclosure, shall enable it to be lifted closure which may result in injury to without excessive tipping, and shall be

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designed so that the person handling accompanying veterinary attendant the enclosure will not come in contact shall be securely attached to each en- with the animals contained therein. closure. Copies of shipping documents (e) An enclosure shall have a solid, accompanying the shipment shall also leak-proof bottom or removable, leak- be securely attached to the primary en- proof collection tray under a slatted or closure. Original documents shall be wire mesh floor. The slatted or wire carried in the carrier’s pouch or mani- mesh floor shall be designed and con- fest container or by the shipper’s at- structed so that the spaces between the tendant accompanying the wild mam- slats or the holes in the mesh cannot mal or bird. trap the limbs of animals contained (i) Any food and water troughs shall within the enclosure. An enclosure for be securely attached to the interior of mammals shall contain unused absorb- the enclosure in such a manner that ent litter on the solid bottom or in the the troughs can be filled from outside leak-proof tray in sufficient quantity the enclosure. Any opening providing to absorb and cover excreta. This litter access to a trough shall be capable of shall be safe and nontoxic and shall not being securely closed with an animal- resemble food normally consumed by proof device. A water trough in an en- the mammals. An enclosure used to closure containing birds shall contain a transport marine mammals in water, foam or sponge insert, a perforated in a waterproof enclosure, a sling, or wooden block, or other suitable device on foam is exempt from the require- to prevent spillage or drowning. ment to contain litter. An enclosure used to transport birds shall not con- (j) When a primary enclosure is pertain litter, unless it is specified in manently affixed within a conveyance writing by the examining veterinarian so that its front opening is the only as medically necessary. source of ventilation, the opening shall (f) If an enclosure has been pre- face the outside of the conveyance or viously used to transport or store wild an unobstructed aisle or passageway mammals or birds, it shall have been within the conveyance. Such an aisle cleaned and sanitized in a manner that or passageway shall be at least 12 will destroy pathogenic agents and inches (30 centimeters) wide. The open- pests injurious to the health of mam- ing in the primary enclosure shall oc- mals and birds before the enclosure can cupy at least 90 percent of the total be re-used. surface area of the front wall of the en- (g) An enclosure that is not perma- closure and be covered with bars or nently affixed in the conveyance shall wire mesh. be clearly marked in English on the [57 FR 27108, June 17, 1992, as amended at 59 outside of the top and one or more FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, sides of the enclosure, in letters not 2004; 79 FR 43964, July 29, 2014] less than 2.5 centimeters (1 inch) in height, ‘‘Live Animals’’ or ‘‘Wild Ani- § 14.107 Conveyance. mals’’, ‘‘Do Not Tip,’’ ‘‘Only Author- (a) The animal cargo space of a con- ized Personnel May Open Container,’’ and other appropriate or required in- veyance used to transport wild mam- structions. All enclosure sides shall mals or birds to the United States shall also be conspicuously marked on the be designed, constructed, and main- outside with arrows to indicate the tained so as to ensure the humane and correct upright position of the enclo- healthful transport of the animals. sure. These arrows should extend up (b) The cargo space shall be con- the sides of the enclosure so that the structed and maintained so as to pre- point of the arrow is visible and clearly vent the harmful ingress of engine ex- indicates the top of the enclosure. haust fumes and gases produced by the (h) Food and water instructions as conveyance. specified in § 14.108, information regard- (c) No wild mammal or bird shall be ing what constitutes obvious signs of placed in a cargo space of a conveyance stress in the species being transported, that does not provide sufficient air for and information about any drugs or it to breathe normally. Primary enclo- medication to be administered by the sures shall be positioned in a cargo

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space in such a manner that each ani- (f) Additional requirements for feed- mal has access to sufficient air for nor- ing and watering particular kinds of mal breathing. animals are found below in the speci- (d) The interior of an animal cargo fications for the various groups. space shall be kept clean of disease- causing agents. § 14.109 Care in transit. (e) A wild mammal or bird shall not (a) During transportation to the be transported in a cargo space that United States, including any stopovers contains any material, substance, or during transport, the carrier shall vis- device that may reasonably be ex- ually inspect each primary enclosure pected to result in inhumane condi- not less than once every 4 hours, or in tions or be injurious to the animal’s the case of air transport, every 4 hours health unless all reasonable pre- whenever the cargo hold is accessible. cautions are taken to prevent such During such inspections, the carrier conditions or injury. shall verify that the ambient air temperature is within allowable limits (see § 14.108 Food and water. § 14.109(b)), that enclosures have not (a) No carrier shall accept any wild been damaged, that adequate ventila- mammal or bird for transport to the tion is being provided, and when trans- United States unless written instruc- port is by air, that air pressure suit- tions from the shipper concerning the able to support live animals is main- animal’s food and water requirements tained within the cargo area (pressure are securely affixed to the outside of equivalent to a maximum altitude of its primary enclosure. Such instruc- 8000 feet). During these observations tions shall be consistent with profes- the carrier shall also determine wheth- sionally accepted standards of care and er any animals are in obvious distress include specifically the quantity of as described in documents attached to water required, the amount and type of the enclosure. The absence of such a food required, and the frequency of document or the absence of informa- feeding and watering necessary to en- tion as to signs of distress shall not re- sure that the animal is transported hu- move this responsibility. The carrier manely and healthfully. shall attempt to correct any condition (b) A mammal or bird requiring causing distress and shall consult the drinking water shall have shipper concerning any possible need uncontaminated water suitable for for veterinary care if no veterinary at- drinking made available to it at all tendant is traveling with the shipment; times prior to commencement of trans- if the shipper cannot be reached in the port to the United States, during inter- case of an emergency, qualified veteri- mediate stopovers, and upon arrival in nary care should be provided. A veteri- the United States, or as directed by the narian or qualified attendant traveling shipper’s written instructions. with the shipment shall be provided ac- (c) A mammal or bird that obtains cess to the animal. moisture from fruits or other food shall (b) Unless otherwise specified in writ- be provided such food prior to com- ing by the examining veterinarian the mencement of transport to the United ambient air temperature in a holding States, during stopovers, and upon ar- area, transporting device, conveyance rival in the United States, or as di- or terminal facility containing mam- rected by the shipper’s written instruc- mals or birds shall not be allowed to tions. fall below 12.8 degrees C (55 degrees F) (d) During a stopover or while still in nor to exceed 26.7 degrees C (80 degrees the custody of the carrier after arrival F). Auxiliary ventilation shall be pro- in the United States, a mammal or bird vided when the ambient air tempera- in transit shall be observed no less fre- ture is 23.9 degrees C (75 degrees F) or quently than once every four hours and higher. In the case of penguins and given food and water according to the auks, the ambient air temperature instructions required by § 14.108(a). shall not be allowed to exceed 18.3 de- (e) Suitable and sufficient food shall grees C (65 degrees F) at any time, and be made available during transport. auxiliary ventilation shall be provided

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when the ambient air temperature ex- (e) Consistent with other procedures ceeds 15.6 degrees C (60 degrees F). In and requirements of the carrier, live the case of polar bears and sea otters, wild mammals or birds shall be last ambient air temperature shall not be loaded and first unloaded from a con- allowed to exceed 10 degrees C (50 de- veyance. grees F). (f) A carrier shall not allow mammals or birds to remain for extended periods § 14.110 Terminal facilities. of time outside a holding area and shall (a) Any terminal facility used for move them between a holding area and wild mammal or bird transport in the a conveyance as expeditiously as pos- country of export, stopover countries, sible. A carrier or shipper maintaining or the United States shall contain an mammals or birds in a holding area, or animal holding area or areas. No car- transporting them to or from a holding rier or shipper shall co-mingle live ani- area or between a holding area and a mal shipments with inanimate cargo in conveyance, shall provide the fol- an animal holding area. lowing: (b) A carrier or shipper holding any (1) Shelter from sunlight. When sun- wild mammal or bird in a terminal fa- light is likely to cause overheating or cility shall provide the following: discomfort, sufficient shade shall be (1) A holding area cleaned and sani- provided to protect animals from the tized so as to destroy pathogenic direct rays of the sun. agents, maintained so that there is no (2) Shelter from precipitation. Ani- accumulation of debris or excreta, and mals shall be provided protection so in which vermin infestation is mini- that they remain dry during rain, mized; snow, or other forms of precipitation. (2) An effective program for the con- (3) Shelter from cold. Animals shall trol of insects, ectoparasites, and pests be provided protection from cold. Pro- of mammals or birds; tection shall include, but not be lim- (3) Sufficient fresh air to allow the ited to, that provided by covering and/ animals to breathe normally with ven- or heating of transporting devices, tilation maintained so as to minimize holding areas, conveyances or terminal drafts, odors, and moisture condensa- facilities. tion; (4) Protection from harassment. Ani- (4) Ambient air temperatures main- mals shall be protected from disturb- tained within prescribed limits as spec- ances, including, but not limited to, ified in § 14.109(b). harassment by humans, other animals, or machinery that makes noise, emits § 14.111 Handling. fumes, heat, or light, or causes vibra- (a) Care shall be exercised to avoid tion. handling the primary enclosure in a manner likely to cause physical or psy- § 14.112 Other applicable provisions. chological trauma to the mammal or In addition to the provisions of bird. §§ 14.101–14.111, the requirements of (b) A primary enclosure used to move §§ 14.121–14.172 applicable for particular any mammal or bird shall not be groups of animals shall be met for all dropped, tipped excessively, or other- shipments of wild mammals and birds wise mishandled, and shall not be covered by this part. stacked or placed in a manner that may reasonably be expected to result SPECIFICATIONS FOR NONHUMAN in its falling or being tipped. PRIMATES (c) Animals incompatible with one another shall not be crated together or § 14.121 Primary enclosures. held in close proximity. (a) No more than one primate shall (d) Transport of mammals or birds to be transported in a primary enclosure. the United States shall be accom- However, a mother and her nursing plished by the carrier in the most expe- young being transported to the United ditious manner, with the fewest stop- States for medical treatment, an estab- overs possible, and without unneces- lished male-female pair, a family sary delays. group, a pair of juvenile animals that

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have not reached puberty, or other § 14.123 Care in transit. pairs of animals that have been habit- (a) A primate shall be observed for ually housed together may be shipped signs of distress and given food and in the same primary enclosure. Pri- water according to the shipper’s in- mates of different species shall not be structions during any intermediate shipped together in the same enclosure. stop that lasts more than 4 hours. (b) A primary enclosure used to (b) Care shall be taken to keep enclo- transport a primate shall be large sures containing primates sufficiently enough to ensure that the animal has separated in the conveyance or holding sufficient space to turn around freely area to minimize the risk of spread of in a normal manner, lie down, stand up disease from one species or shipment to (as appropriate for the species), and sit another. in a normal upright position without its head touching the top of the enclo- SPECIFICATIONS FOR MARINE MAMMALS sure. However, a primate may be re- (CETACEANS, SIRENIANS, SEA OTTERS, stricted in its movements according to PINNIPEDS, AND POLAR BEARS) professionally accepted standards of § 14.131 Primary enclosures. care when greater freedom of movement would constitute a danger to the (a) A primary enclosure that is not primate or to its handler or other per- open on top shall have air inlets situ- sons. ated at heights that provide cross ven- (c) Except as provided in § 14.106(j), tilation at all levels and that are located on all four sides of the enclosure. ventilation openings must be located Such ventilation openings shall com- on at least two walls of a primary en- prise not less than 20 percent of the closure. When the required ventilation total surface area of each side of the openings are located on two opposite enclosure. walls of the primary enclosure, these (b) Straps, slings, harnesses, or other ventilation openings shall comprise at such devices used for body support or least 30 percent of the total surface restraint when transporting marine area of the ventilated wall and be situ- mammals such as cetaceans or sire- ated above the midline of the enclo- nians shall meet the following require- sure. If ventilation openings are lo- ments: cated on all four walls of the enclosure, (1) The devices shall not prevent at- the openings on each wall shall com- tendants from having access to the prise at least 20 percent of the total mammal to administer care during surface area of the wall and be situated transportation; above the midline of the primary en- (2) The devices shall be equipped with closure. sufficient padding to prevent trauma or injury at points of contact with the § 14.122 Food and water. mammal’s body; (a) A nonhuman primate shall be pro- (3) Slings or harnesses shall allow vided water suitable for drinking with- free movement of flippers outside of in 4 hours prior to commencement of the harness or sling; transport to the United States unless (4) The devices shall be capable of the shipper’s written instructions di- preventing the mammal from thrash- rect otherwise. A carrier shall provide ing about and causing injury to itself, suitable drinking water to any primate handlers, or other persons, but shall be at least every 12 hours after acceptance designed so as not to cause injury to the mammal. for transport to the United States, un- (c) A primary enclosure used to less instructed in writing to do so more transport marine mammals shall be frequently by the shipper. large enough to assure the following: (b) After acceptance for transport, (1) A sea otter or polar bear has suffi- and unless otherwise instructed in cient space to turn about freely with writing by the shipper, a carrier shall all four feet on the floor and to sit in provide suitable food to any nonhuman an upright position, stand, or lie in a primate at least once every 12 hours. natural position;

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(2) A pinniped has sufficient space to spraying it with water or applying a lie in a natural position; nontoxic emollient; (3) If a sling, harness, or other sup- (2) Assuring that the pectoral flippers porting device is used, there are at (when applicable) are allowed freedom least 3 inches (7.5 centimeters) of clear- of movement at all times; ance between any body part and the (3) Making adjustments in the posi- primary enclosure; tion of the mammal when necessary to (d) A marine mammal may be re- prevent necrosis of the skin at weight stricted in its movements according to pressure points; and professionally accepted standards of (4) Calming the mammal to prevent care when freedom of movement would struggling, thrashing, and other activ- constitute a danger to the animal or to ity that may cause overheating or handlers or other persons. physical trauma. (e) All marine mammals contained in (b) Unless otherwise directed by a a given primary enclosure shall be of shipper or authorized representative, the same species and be maintained in at least one-half of the floor area in a compatible groups. A marine mammal primary enclosure used to transport that has not reached puberty shall not sea otters to the United States shall be transported in the same primary en- contain sufficient crushed ice or ice closure with an adult marine mammal water to provide each otter with mois- other than its mother. Socially depend- ture necessary to maintain its hair ent animals (e.g., siblings, mother, and coat by preventing it from drying and offspring) transported in the same con- to minimize soiling of the hair coat veyance shall be allowed visual and, with urine and fecal material. when appropriate for the species, olfac- (c) A marine mammal exhibiting ex- tory contact. A female marine mam- cited or otherwise dangerous behavior mal shall not be transported in the shall not be taken from its primary en- same primary enclosure with any ma- closure except under extreme emer- ture male marine mammal. gency conditions and then only by the shipper or other authorized individual § 14.132 Food and water. who is capable of handling the animal A marine mammal shall not be trans- safely. ported for more than a period of 36 hours without being offered suitable SPECIFICATIONS FOR ELEPHANTS AND food unless the shipper’s written in- UNGULATES structions or the shipper’s attendant travelling with the mammal direct § 14.141 Consignment to carrier. otherwise. After feeding, a marine Species that grow antlers shall not mammal shall be rested for 6 hours be accepted for transport unless the prior to resuming transport. antlers have been shed or surgically removed. § 14.133 Care in transit. (a) Any marine mammal shall be ac- § 14.142 Primary enclosures. companied, in the same conveyance, by (a) Except as provided in § 14.106(j), the shipper or an authorized represent- ventilation openings must be located ative of the shipper knowledgeable in on at least two walls of a primary en- marine mammal care to provide for the closure. When the required ventilation animal’s health and well-being. The openings are located on two opposite shipper or representative shall observe walls of the primary enclosure, these such marine mammals to determine ventilation openings shall comprise at whether or not they need veterinary least 16 percent of the total surface care and shall provide or obtain any area of each ventilated wall. When ven- needed veterinary care as soon as pos- tilation openings are located on all sible. Care during transport shall in- four walls of the primary enclosure, clude the following (on a species-spe- the openings shall comprise at least 8 cific basis): percent of the total surface area of (1) Keeping the skin moist or pre- each wall. At least one-third of the venting the drying of the skin by such minimum area required for ventilation methods as covering with wet cloths, shall be located on the lower one-half

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of the primary enclosure and at least (b) No more than one sloth, bat, or one-third of the total minimum area flying lemur (Cynocephalidae) shall be required for ventilation shall be lo- transported in a primary enclosure. cated on the upper one-half of the pri- However, a mother and her nursing mary enclosure. young being transported for medical (b) No more than one elephant or reasons, an established male-female ungulate shall be transported in a pri- pair, a family group, a pair of juvenile mary enclosure, except that: a mother animals that have not reached puberty, and nursing young may be shipped in or other small groups of animals that the same primary enclosure if the ship- have been habitually housed together ment complies with the provisions of may be shipped in the same primary § 14.105(b); in the case of land or sea enclosure. transport, a pair of juvenile elephants (c) A primary enclosure used to or ungulates or other pairs that have transport sloths, bats, or flying lemurs been habitually housed together may shall be large enough to ensure that be shipped in the same primary enclo- each animal has sufficient space to sure. move freely and in a normal manner (c) A primary enclosure used to and shall have a wide perch, bar, or transport an elephant or ungulate shall mesh of suitable strength fitted under be large enough to allow the animal to the top of the enclosure and spaced lie or stand in a natural upright posi- from it in such a way that the animals tion with the head extended, but not may hang from it freely in a natural large enough for the animal to roll position. over. (d) A primary enclosure used to SPECIFICATIONS FOR OTHER transport an elephant or ungulate with TERRESTRIAL MAMMALS horns or tusks shall be designed and constructed to prevent the horns or § 14.161 Primary enclosures. tusks from becoming trapped or injur- (a) Except as provided in § 14.106(j), ing the animal itself, other animals ventilation openings must be located nearby, attendants, or cargo handlers. on at least two walls of a primary en- (e) A primary enclosure for an ele- closure. When the required ventilation phant or ungulate shall be equipped openings are located on two opposite with a removable water trough that walls of the primary enclosure, these can be securely hung within the enclo- ventilation openings shall comprise at sure above the floor and can be filled least 16 percent of the total surface from outside the enclosure. area of each ventilated wall. When SPECIFICATIONS FOR SLOTHS, BATS, AND openings are located on all four walls FLYING LEMURS (CYNOCEPHALIDAE) of the enclosure, the openings shall comprise at least 8 percent of the total § 14.151 Primary enclosures. surface area of each wall. At least one- (a) Except as provided in § 14.106(j), third of the minimum area required for ventilation openings must be located ventilation shall be located on the on at least two walls of a primary en- lower one-half of the enclosure, and at closure. When the required ventilation least one-third of the total minimum openings are located on two opposite area required for ventilation shall be walls of the primary enclosure, these located on the upper one-half of the en- ventilation openings shall comprise at closure. least 16 percent of the total surface (b) No more than one terrestrial area of the ventilated wall. When ven- mammal (other than rodents) shall be tilation openings are located on all transported in a primary enclosure. four walls, the openings shall comprise However, a mother and her nursing at least 8 percent of the total surface young may be shipped in the same pri- area of each wall. At least one-third of mary enclosure if the shipment com- the total minimum area required for plies with the provisions of § 14.105(b). ventilation of the primary enclosure (c) More than one rodent may be shall be located on the upper one-half transported in the same primary enclo- of the primary enclosure. sure if they are members of the same

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species and are maintained in compat- which the bird is being exported, cer- ible groups. Rodents that are incom- tifies that the bird has been held in patible shall be transported in indi- captivity for at least 14 days. vidual primary enclosures that are stored and transported so they are vis- § 14.172 Primary enclosures. ually separated. A female with young (a) A primary enclosure for birds being transported for medical reasons shall have ventilation openings on two shall not be placed in a primary enclo- vertical sides that comprise at least 16 sure with other animals. The following percent of the surface area of each side chart specifies maximum densities and are positioned so as to decrease the minimum space for transporting ro- likelihood of creating a draft. dents that fall within the specified (b) Perches shall be provided for birds weight limitations. Max. No. refers to that rest by perching. The diameter of maximum number per primary enclo- the perch shall be sufficient to permit sure; Space/animal refers to minimum the birds to maintain a firm, com- area of floor space per animals. Ro- fortable grip. Perches shall be placed dents weighing more than 5,000 grams so that droppings do not fall into food shall be transported in individual en- or water troughs or onto other perched closures. birds. There shall be enough head room to allow the birds to move onto and off DENSITY GUIDELINES FOR RODENTS the perches without touching the top of the enclosure. Space/Animal Ht. of Max. Box (c) An enclosure used to transport No. 2 2 one or more birds that rest by perching cm in cm in shall be large enough to ensure that wt. in grams of rodent: sufficient perch space is available for 220 or less ...... 20 194 30 15 6 all birds to perch comfortably at the 220–450 ...... 12 388 60 20 8 450–1000 ...... 6 770 120 25 10 same time. No more than 50 birds that 1,000–5,000 ...... 2 2,310 360 30 12 rest by perching shall be transported in one primary enclosure, with the excep- (d) A primary enclosure used to tion of large birds (longer than 23 cm, transport terrestrial mammals shall be or 9 inches), which are limited to a large enough to ensure that each ani- maximum of 25 per primary enclosure. mal has sufficient space to turn around (d) A primary enclosure used to freely in a normal manner. The height transport a raptorial bird shall be large of the primary enclosure shall provide enough to transport the bird com- adequate space for the animal to stand fortably and to permit it to turn upright in a normal posture with space around without stretching its wings to above its head. The length of the pri- the fullest extent. Only one raptorial mary enclosure shall be great enough bird shall be contained in a primary en- to enable the animal to lie in a full closure. prone position. (e) A primary enclosure containing nonraptorial birds that do not rest by SPECIFICATIONS FOR BIRDS perching shall be large enough for the birds to turn around, to lie down, to § 14.171 Consignment to carrier. stand erect, and to change posture in a (a) A personally owned pet bird origi- normal manner. nally transported from the United (f) Nectar-feeding birds shall either States and being returned to this coun- be transported in a primary enclosure try with its original United States cer- equipped with feeding bottles acces- tificate of veterinary inspection within sible from outside the enclosure for re- 60 days of departure may be accepted plenishment or hand-carried and fed in by a carrier without a new veterinary accordance with the written instruc- examination. tions of the shipper. (b) No carrier shall accept for trans- (g) Birds transported in the same pri- port to the United States any bird that mary enclosure shall be of the same was captured in the wild unless a quali- species and be compatible with one an- fied veterinarian, authorized by the na- other. Birds that are incompatible tional government of the country from shall be placed in individual primary

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enclosures and these enclosures shall thorized keeper or caregiver may po- not be stored or transported in visual tentially touch or otherwise come into proximity to one another. physical contact with any live specimen of the prohibited wildlife species. Subpart K—Captive Wildlife Safety Licensed person means any individual, Act facility, agency, or other entity that holds a valid license from and is inspected by the U.S. Department of Ag- SOURCE: 72 FR 45946, Aug. 16, 2007, unless otherwise noted. riculture’s Animal and Plant Health Inspection Service (APHIS) under the § 14.250 What is the purpose of these Animal Welfare Act (AWA) (7 U.S.C. regulations? 2131 et seq.) (See definition of ‘‘li- The regulations in this subpart im- censee’’ in 9 CFR 1.1.). plement the Captive Wildlife Safety Prohibited wildlife species means a Act (CWSA), 117 Stat. 2871, which specimen of any of the following eight amended the Lacey Act Amendments species: Lion (Panthera leo), tiger of 1981, 16 U.S.C. 3371–3378, by adding (Panthera tigris), leopard (Panthera paragraphs 2(g), 3(a)(2)(C), and 3(e) (16 pardus), snow leopard (Uncia uncia), U.S.C. 3371, 3372). clouded leopard (Neofelis nebulosa), jag- uar (Panthera onca), cheetah (Acinonyx § 14.251 What other regulations may jubatus), and cougar (Puma concolor) or apply? any hybrids resulting from the breed- The provisions of this subpart are in ing of any combination of any of these addition to, and are not in place of, species, for example, a liger (a male other regulations of this subchapter B lion and a female tiger) or a tiglon (a that may require a permit or describe male tiger and a female lion), whether additional restrictions or conditions naturally or artificially produced. for the importation, exportation, Propagate means to allow or facili- transportation, sale, receipt, acquisi- tate the production of offspring of any tion, or purchase of wildlife in inter- of the prohibited wildlife species, by state or foreign commerce. any means. Registered person means any indi- § 14.252 What definitions do I need to vidual, facility, agency, or other entity know? that is registered with and inspected In addition to the definitions con- by APHIS under the AWA (See defini- tained in part 10 of this subchapter, tion of ‘‘registrant’’ in 9 CFR 1.1.). and unless the context otherwise requires, in this subpart: § 14.253 What are the restrictions con- Accredited wildlife sanctuary means a tained in these regulations? facility that cares for live specimens of Except as provided in § 14.255, it is un- one or more of the prohibited wildlife lawful for any person to import, ex- species and: port, transport, sell, receive, acquire, (1) Is approved by the United States or purchase, in interstate or foreign Internal Revenue Service as a corpora- commerce, any live prohibited wildlife tion that is exempt from taxation species. under § 501(a) of the Internal Revenue Code of 1986, which is described in § 14.254 What are the requirements §§ 501(c)(3) and 170(b)(1)(A)(vi) of that contained in these regulations? code; In order to qualify for the exemption (2) Does not commercially trade in in § 14.255, an accredited wildlife sanc- prohibited wildlife species, including tuary must maintain complete and ac- offspring, parts, and products; curate records of any possession, trans- (3) Does not propagate any of the pro- portation, acquisition, disposition, im- hibited wildlife species; and portation, or exportation of the prohib- (4) Does not allow any direct contact ited wildlife species covered by the between the public and the prohibited CWSA. These records must be up to wildlife species. date, and must include the names and Direct contact means any situation in addresses of persons to or from whom which any individual other than an au- any prohibited wildlife species has been

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acquired, imported, exported, pur- Subpart C—Permits and Approval of chased, sold, or otherwise transferred; Cooperative Breeding Programs and the dates of these transactions. 15.21 General application procedures. The accredited wildlife sanctuary must 15.22 Permits for scientific research. maintain these records for 5 years, 15.23 Permits for zoological breeding or dis- must make these records available to play programs. Service officials for inspection at rea- 15.24 Permits for cooperative breeding. sonable hours, and must copy these 15.25 Permits for personal pets. 15.26 Approval of cooperative breeding pro- records for Service officials, if re- grams. quested. In addition, by declaring itself to be accredited under this subpart, a Subpart D—Approved List of Species Listed wildlife sanctuary agrees to allow ac- in the Appendices to the Convention cess to its facilities and its prohibited 15.31 Criteria for including species in the wildlife specimens by Service officials approved list for captive-bred species. at reasonable hours. 15.32 Criteria for including species in the approved list for non-captive-bred spe- § 14.255 Are there any exemptions to cies. the restrictions contained in these 15.33 Species included in the approved list. regulations? Subpart E—Qualifying Facilities Breeding The prohibitions of § 14.253 do not Exotic Birds in Captivity apply to: (a) A licensed person or registered 15.41 Criteria for including facilities as person; qualifying for imports. [Reserved] 15.42 List of foreign qualifying breeding fa- (b) A State college, university, or cilities. [Reserved] agency; (c) A State-licensed wildlife Subpart F—List of Prohibited Species Not rehabilitator; Listed in the Appendices to the Con- (d) A State-licensed veterinarian; vention (e) An accredited wildlife sanctuary; 15.51 Criteria for including species and or countries in the prohibited list. [Re- (f) A person who: served] (1) Can produce documentation show- 15.52 Species included in the prohibited list. ing that he or she is transporting live [Reserved] 15.53 Countries of export included in the prohibited wildlife species between per- prohibited list. [Reserved] sons who are exempt from the prohibi- AUTHORITY: 16 U.S.C. 4901–4916. tions in § 14.253; and (2) Has no financial interest in the SOURCE: At 58 FR 60536, Nov. 16, 1993, unless prohibited wildlife species other than otherwise noted. payment received for transporting them. Subpart A—Introduction and General Provisions PART 15—WILD BIRD § 15.1 Purpose of regulations. CONSERVATION ACT The regulations in this part implement the Wild Bird Conservation Act Subpart A—Introduction and General of 1992, Pub. L. 102–440, 16 U.S.C. 4901– Provisions 4916. Sec. § 15.2 Scope of regulations. 15.1 Purpose of regulations. 15.2 Scope of regulations. (a) The regulations in this part apply 15.3 Definitions. to all species of exotic birds, as defined 15.4 Information collection requirements. in section 15.3. (b) The provisions in this part are in Subpart B—Prohibitions and Requirements addition to, and are not in lieu of, other regulations of this subchapter B 15.11 Prohibitions. that may require a permit or prescribe 15.12 Requirements. additional restrictions or conditions

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for the import, export, reexport, and Status means a qualitative measure transportation of wildlife. of the vulnerability to extinction or ex- tirpation of a population at a given § 15.3 Definitions. time (e.g., endangered, threatened, vul- In addition to the definitions con- nerable, non-threatened, or insuffi- tained in parts 10 and 23 of this sub- ciently known). chapter B, and unless the context re- Sustainable use means the use of a quires otherwise, in this part: species in a manner and at a level such Documentation means a description of that populations of the species are how scientific information was col- maintained at biologically viable levels lected, including the methodologies for the long term and involves a deter- used; names and institutions of individ- mination of the productive capacity of uals conducting the work; dates and lo- the species and its ecosystem, in order cations of any study; and any published to ensure that utilization does not ex- results or reports from the work. ceed those capacities or the ability of Exotic bird means any live or dead the population to reproduce, maintain member of the Class Aves that is not itself and perform its role or function indigenous to the 50 States or the Dis- in its ecosystem. trict of Columbia, including any egg or Trend means a long-term assessment offspring thereof, but does not include of any change in the absolute or rel- domestic poultry, dead sport-hunted ative size of a species’ population or birds, dead museum specimens, dead habitat over time (e.g., increasing, de- scientific specimens, products manu- creasing, at equilibrium, insufficiently factured from such birds, or birds in known). any of the following families: means the 50 States, the Phasianidae. Numididae, Cracidae, United States Meleagrididae, Megapodiidae, District of Columbia, the Common- Anatidae, Struthionidae Rheidae, wealth of Puerto Rico, American Dromaiinae, and Gruidae. Samoa, the Virgin Islands, Guam, the Indigenous means a species that is Commonwealth of the Northern Mar- naturally occurring, not introduced as iana Islands, and the Trust Territory of a result of human activity, and that the Pacific Islands. currently regularly inhabits or breeds [58 FR 60536, Nov. 16, 1993, as amended at 61 in the 50 States or the District of Co- FR 2091, Jan. 24, 1996] lumbia. Life cycle means the annual processes § 15.4 Information collection require- involved with breeding, migration, and ments. all other non-breeding activities. (a) The Office of Management and Person means an individual, corpora- Budget approved the information col- tion, partnership, trust, association, or lection requirements contained in this any other private entity; or any offi- part 15 under 44 U.S.C. 3507 and as- cer, employee, agent, department, or signed OMB Control Number 1018–0093. instrumentality of the Federal Govern- The Service may not conduct or spon- ment, of any State, municipality, or sor, and you are not required to re- political subdivision of a State, or of spond, to a collection of information any foreign government; any State, municipality, or political subdivision unless it displays a currently valid of a State; or any other entity subject OMB control number. We are collecting to the jurisdiction of the United this information to provide informa- States. tion necessary to evaluate permit ap- Species means any species, any sub- plications. We will use this informa- species, or any district population seg- tion to review permit applications and ment of a species or subspecies, and in- make decisions, according to criteria cludes hybrids of any species or sub- established in various Federal wildlife species. Hybrids will be treated accord- conservation statutes and regulations, ing to the more restrictive appendix or on the issuance, suspension, revoca- category in which either parental spe- tion, or denial of permits. You must re- cies is listed. spond to obtain or retain a permit.

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(b) We estimate the public reporting (f) It is unlawful for any person sub- burden for these reporting require- ject to the jurisdiction of the United ments to vary from 1 to 4 hours per re- States to engage in any activity with sponse, with an average of 2 hours per an exotic bird imported under a permit response, including time for reviewing issued pursuant to this part that vio- instructions, gathering and maintain- lates a condition of said permit. ing data, and completing and reviewing the forms. Direct comments regarding [58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994] the burden estimate or any other aspect of these reporting requirements to § 15.12 Requirements. the Service’s Information Collection Clearance Officer at the address pro- (a) No person shall import into the vided at 50 CFR 2.1(b). United States any exotic bird except as may be permitted under the terms of a [63 FR 52634, Oct. 1, 1998, as amended at 79 FR valid permit issued pursuant to the 43964, July 29, 2014] provisions of subpart C of this part and 50 CFR part 13, or in accordance with Subpart B—Prohibitions and the provisions of subparts D–F of this Requirements part 15, or in accordance with the provisions of paragraph (b) of this section. § 15.11 Prohibitions. (b) Any exotic bird can be imported (a) Except as provided under a permit to the United States if it was legally issued pursuant to subpart C of this exported from the United States with a part, it is unlawful for any person sub- permit issued by the Service’s Office of ject to the jurisdiction of the United Management Authority, provided that States to commit, attempt to commit, the import is by the same person who to solicit another to commit, or to exported the bird, the import is accom- cause to be committed, any of the acts panied by a copy of the cleared CITES described in paragraphs (b) through (f) export permit or certificate issued by of this section in regard to any exotic the Service that was used to export the bird. exotic bird, and the Service is satisfied (b) It is unlawful to import into the that the same bird is being imported as United States any exotic bird species is indicted on the aforementioned per- listed in the Appendices to the Conven- mit or certificate. tion that is not included in the approved list of species, pursuant to sub- Subpart C—Permits and Approval part D of this part, except that this paragraph (b) does not apply to any ex- of Cooperative Breeding Pro- otic bird that was bred in a foreign grams breeding facility listed as qualifying pursuant to subpart E of this part. § 15.21 General application procedures. (c) It is unlawful to import into the United States any exotic bird species (a) The Director may issue a permit not listed in the Appendices to the authorizing the importation of exotic Convention that is listed in the prohib- birds otherwise prohibited by § 15.11, in ited species list, pursuant to subpart F accordance with the issuance criteria of this part. of this subpart, for the following pur- (d) It is unlawful to import into the poses only: Scientific research; zoolog- United States any exotic bird species ical breeding or display programs; co- from any country included in the pro- operative breeding programs designed hibited country list, pursuant to sub- to promote the conservation and main- part F of this part. tenance of the species in the wild; or (e) It is unlawful to import into the personally owned pets accompanying United States any exotic bird species persons returning to the United States from a qualifying facility breeding ex- after being out of the country for more otic birds in captivity, listed pursuant than 1 year. to subpart E of this part, if the exotic (b) Additional requirements as indi- bird was not captive-bred at the listed cated in parts 13, 14, 17, 21, and 23 of facility. this subchapter must also be met.

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(c) A person wishing to obtain a per- (i) Formal research protocol with mit under this subpart or approval of timetable; cooperative breeding programs under (ii) The relationship of such research this subpart submits an application to to the conservation of the species in the attention of the Director, U.S. Fish the wild; and Wildlife Service, at the address (iii) A discussion of possible alter- listed for the Division of Management natives and efforts to obtain birds from Authority at 50 CFR 2.1(b). Each appli- other sources; and cation must contain the general infor- (iv) Plans for disposition of the ex- mation and certification required in otic birds and any progeny upon com- § 13.12(a) of this subchapter, and all of pletion of the research project; the information specified in the appli- (5) Qualifications of the scientific cable section §§ 15.22 through 15.26. personnel conducting the proposed re- [58 FR 60536, Nov. 16, 1993, as amended at 63 search, including applicable experience FR 52634, Oct. 1, 1998; 79 FR 43964, July 29, and a description of relevant past re- 2014] search conducted; (6) A description of the care and § 15.22 Permits for scientific research. maintenance of the exotic bird, and (a) Application requirements for per- how the facility meets professionally mits for scientific research. Each appli- recognized standards, including; cation shall provide the following in- (i) The name and address of the facil- formation and such other information ity where the exotic bird will be main- that the Director may require: tained; (1) A description of the exotic bird(s) (ii) Dimensions of existing enclosures to be imported, including: for the birds to be imported and num- (i) The common and scientific names ber of birds to be housed in each; and of the species, number, age or age (iii) Husbandry practices. class, and, when known, sex; and (b) Issuance criteria. Upon receiving (ii) A statement as to whether, at the an application completed in accordance time of the application, the exotic bird with paragraph (a) of this section, the is still in the wild, has already been re- Director will decide whether or not a moved from the wild, or was bred in permit should be issued. In making this captivity; decision, the Director shall consider, in (2) If the exotic bird is in the wild or addition to the general criteria in part was taken from the wild, include: 13 of this subchapter, the following fac- (i) The country and region where the tors; removal will occur or occurred; (1) Whether the purpose of the sci- (ii) A description of the status of the entific research is adequate to justify species in the region of removal; and removing the exotic bird from the wild (iii) A copy of any foreign collecting or otherwise changing its status; permit or authorizing letter, if applica- (2) Whether the proposed import ble; would be detrimental to the survival of (3) If the exotic bird was bred in cap- the exotic bird species in the wild, in- tivity, include: cluding whether the exotic bird was (i) Documents or other evidence that bred in captivity or was (or will be) the bird was bred in captivity, includ- taken from the wild, taking into con- ing the name and address of the breed- sideration the conservation status of er, and when known, hatch date and the species in the wild; identity of the parental birds; and (3) Whether the permit, if issued, (ii) If the applicant is not the breed- would conflict with any known pro- er, documentation showing the bird gram intended to enhance the survival was acquired from a breeder and a his- of the population from which the ex- tory of multiple transactions, if appli- otic bird was or would be removed; cable: (4) Whether the research for which (4) A statement of the reasons the ap- the permit is required has scientific plicant is justified in obtaining a per- merit; mit, and a complete description of the (5) Whether the expertise, facilities, scientific research to be conducted on or other resources available to the ap- the exotic bird requested, including: plicant appear adequate for proper care

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and maintenance of the exotic bird and ducted with the exotic bird requested, to successfully accomplish the research including: objectives stated in the application. (i) A breeding or education protocol (c) Permit conditions. In addition to that provides information on edu- the general conditions set forth in part cational materials on the ecology and/ 13 of this subchapter, every permit or conservation status of the species issued under this section shall be sub- provided to the general public; ject to special conditions as the Direc- (ii) Plans, if any, for developing or tor may deem appropriate. maintaining a self-sustaining popu- (d) Duration of permits. The duration lation of the exotic bird species in cap- of the import permits issued under this tivity; section shall be designated on the face (iii) A statement on efforts to obtain of the permit, but in no case will these birds from alternative sources or permits be valid for longer than one sources within the United States; year. (iv) The relationship of such a breeding or display program to the conserva- § 15.23 Permits for zoological breeding tion of the species in the wild; and or display programs. (v) Plans for disposition of the exotic (a) Application requirements for per- birds and any progeny. mits for zoological breeding or display (5) A description of the care and programs. Each application shall pro- maintenance of the exotic bird, and vide the following information and how the facility meets professionally such other information that the Direc- recognized standards of the public dis- tor may require: play community, including: (1) A description of the exotic bird(s) (i) The name and address of the facil- to be imported, including: ity where the exotic bird will be main- (i) The common and scientific names tained; of the species, number, age or age (ii) Dimensions of existing enclosures class, and, when known, sex; and for the birds to be imported and num- (ii) A statement as to whether, at the ber of birds to be housed in each; time of the application, the exotic bird (iii) Husbandry practices; is still in the wild, has already been re- (6) A history of the zoological facili- moved from the wild, or was bred in ty’s breeding programs with the same captivity; or similar species, including: (2) If the exotic bird is in the wild or (i) Participation in any cooperative was taken from the wild include: breeding programs; (i) The country and region where the (ii) Breeding and inventory records removal will occur or occurred; for the last two years, including hatch- (ii) A description of the status of the ing, survival, and mortality records; species in the region of removal; and and (iii) A copy of any foreign collecting (iii) Causes of any mortalities and ef- permit or authorizing letter, if applica- forts made to correct any problems. ble; (b) Issuance criteria. Upon receiving (3) If the exotic bird was bred in cap- an application completed in accordance tivity, include: with paragraph (a) of this section, the (i) Documents or other evidence that Director will decide whether or not a the bird was bred in captivity, includ- permit should be issued. In making this ing the name and address of the breed- decision, the Director shall consider, in er, and when known, identity of the pa- addition to the general criteria in part rental birds, and hatch date; and 13 of this subchapter, the following fac- (ii) If the applicant is not the breed- tors: er, documentation showing the bird (1) Whether the zoological breeding was acquired from a breeder and a his- or display program is adequate to jus- tory of multiple transactions, if appli- tify removing the exotic bird from the cable; wild or otherwise changing its status; (4) A statement of the reasons the ap- (2) Whether the proposed import plicant is justified in obtaining a per- would be detrimental to the survival of mit, and a complete description of the the exotic bird species in the wild, in- breeding or display program to be con- cluding whether the exotic bird was

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bred in captivity or was (or will be) (3) If the exotic bird was bred in cap- taken from the wild, taking into con- tivity, include; sideration the conservation status of (i) Documents or other evidence that the species in the wild; the bird was bred in captivity, includ- (3) Whether the permit, if issued, ing the name and address of the breed- would conflict with any known pro- er, when known, the identity of the pa- gram intended to enhance the survival rental birds and hatch date; and of the population from which the ex- (ii) If the applicant is not the breed- otic bird was or would be removed; er, documentation showing the bird (4) Whether the breeding or display was acquired from the breeder and a program for which the permit is re- history of multiple transactions, if ap- quired has conservation merit; and plicable; (5) Whether the expertise, facilities (4) A statement of the reasons the ap- or other resources available to the applicant is justified in obtaining a per- plicant appear adequate for proper care mit, and a statement detailing the ap- and maintenance of the exotic bird and plicant’s participation in a cooperative to successfully accomplish the zoolog- breeding program approved under sec- ical breeding or display objectives stat- tion 15.26 of this chapter, including; ed in the application. (i) Copies of any signed agreements (c) Permit conditions. In addition to or protocols with the monitoring the general conditions set forth in part avicultural, conservation, or zoological 13 of this subchapter, every permit organization overseeing the program; issued under this section shall be sub- and ject to special conditions as the Direc- (ii) Applicable records of the coopera- tor may deem appropriate. tive breeding program of any other (d) Duration of permits. The duration birds imported, their progeny, and of the import permits issued under this their disposition; section shall be designated on the face (5) A complete description of the re- of the permit, but in no case will these lationship of the exotic bird to the ap- permits be valid for longer than one proved cooperative breeding program, year. including; § 15.24 Permits for cooperative breed- (i) A statement of the role of the ex- ing. otic bird in a breeding protocol; (ii) A plan for maintaining a self-sus- (a) Application requirements for per- taining captive population of the ex- mits for cooperative breeding. Each ap- otic bird species; plication shall provide the following information and such other informa- (iii) Details on recordkeeping; and tion that the Director may require: (iv) Plans for disposition of the ex- (1) A description of the exotic bird(s) otic birds and any progeny produced to be imported, including: during the course of this program. (i) The common and scientific names (6) A statement outlining the appli- of the species, number, age or age cant’s attempts to obtain the exotic class, and, when known, sex; and bird in a manner that would not cause (ii) A statement as to whether, at the its removal from the wild, and at- time of the application, the exotic bird tempts to obtain the specimens of the is still in the wild, has already been re- exotic bird species from stock available moved from the wild, or was bred in in the United States; captivity; (7) A description of the care and (2) If the exotic bird is still in the maintenance of the exotic bird, and wild or was taken from the wild in- how the facility meets professionally clude; recognized standards, including; (i) The country and region where the (i) The name and address of the facil- removal will occur or occurred; ity where the exotic bird will be main- (ii) A description of the status of the tained; species in the region of removal; and (ii) Dimensions of existing enclosures (iii) A copy of any foreign collecting for birds to be imported and number of permit or authorizing letter, if applica- birds to be housed in each; and ble; (iii) Husbandry practices;

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(8) A history of the applicant’s past § 15.25 Permits for personal pets. participation in cooperative breeding (a) Application requirements for per- programs with the same or similar spe- sonal pets not intended for sale. No indi- cies, including; vidual may import more than two ex- (i) Breeding and inventory records for otic birds as pets in any year. Each ap- at least the last two years; plication shall provide the following (ii) Hatching, survival, and mortality information and such other informa- records; tion that the Director may require: (iii) Causes of any mortalities and ef- (1) A description of the exotic bird to forts made to correct any problems. be imported, including; (b) Issuance criteria. Upon receiving (i) The common and scientific names, an application completed in accordance number, age, and, when known, sex; with paragraph (a) of this section, the (ii) A band number, house name, or Director will decide whether or not a any other unique identifying feature; permit should be issued. In making this and (iii) A statement as to whether the decision, the Director shall consider, in exotic bird was bred in captivity or addition to the general criteria in part taken from the wild; 13 of this subchapter, the following fac- (2) A statement of the reasons the ap- tors; plicant is justified in obtaining a per- (1) Whether the cooperative breeding mit; program is adequate to justify remov- (3) Documentation showing that the ing the exotic bird from the wild or applicant has continually resided out- otherwise changing its status; side of the United States for a min- (2) Whether the proposed import imum of one year; would be detrimental to the survival of (4) A statement of the number of ex- the exotic bird species in the wild, in- otic birds imported during the previous cluding whether the exotic bird was 12 months as personal pets by the ap- bred in captivity or was (or will be) plicant; taken from the wild, taking into con- (5) Information on the origin of the sideration the conservation status of exotic bird, including; the species in the wild; (i) Country of origin; and (3) Whether the cooperative breeding (ii) A description and documentation program for which the permit is re- of how the exotic bird was acquired, in- quired would be likely to enhance or cluding a copy of any Convention per- promote the conservation of the exotic mit under which the bird was re-ex- bird species in the wild or result in a ported or exported. If there is no such self-sustaining population of the exotic permit, a sales receipt or signed state- bird species in captivity; and ment from seller with name and ad- (4) Whether the expertise, facilities, dress of seller, date of sale, species, and or other resources available to the ap- other identifying information on the bird or signed breeder’s certificate or plicant appear adequate for proper care statement with name and address of and maintenance of the exotic birds breeder, date of sale or transfer, species and to successfully accomplish the co- and hatch date. operative breeding objectives stated in (b) Issuance criteria. Upon receiving the application. an application completed in accordance (c) Permit conditions. In addition to with paragraph (a) of this section, the the general conditions set forth in part Director will decide whether or not a 13 of this subchapter, every permit permit should be issued. In making this issued under this section shall be sub- decision, the Director shall consider, in ject to special conditions as the Direc- addition to the general criteria in part tor may deem appropriate. 13 of this subchapter, the following fac- (d) Duration of permits. The duration tors: of the import permits issued under this (1) Whether the proposed import section shall be designated on the face would be detrimental to the survival of of the permit, but in no case will these the exotic bird species in the wild; permits be valid for longer than one (2) Whether the exotic bird to be im- year. ported is a personal pet owned by the

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applicant, who has continuously re- taining population in captivity of the sided outside the United States for a exotic bird species; minimum of one year, and who has no (iii) Details on the system of record- intention to sell the bird; and keeping and tracking of birds and their (3) Whether the number of exotic progeny, including how individual birds imported in the previous 12 specimens will be marked or otherwise months by the applicant does not ex- identified; ceed two. (iv) A statement on the relationship (c) Permit conditions. In addition to of such a breeding program to the con- the general conditions set forth in part servation of the exotic bird species in 13 of this subchapter, every permit the world; issued under this section shall be sub- (v) Details on the funding of this project to special conditions that no indi- gram; and vidual may import more than two ex- (vi) Plans for disposition of the exotic birds as personal pets in any year, otic birds and any progeny; the exotic birds cannot be sold after (3) A qualification statement for each importation into the United States, individual who will be overseeing the and any other conditions as the Direc- cooperative breeding program. This tor may deem appropriate. statement should include information (d) Duration of permits. The duration on the individual’s prior experience of the import permits issued under this with the same or similar bird species. section shall be designated on the face Individuals overseeing the program of the permit. will be required to demonstrate an affiliation with an avicultural, conserva- § 15.26 Approval of cooperative breed- tion, or zoological organization; ing programs. (4) A statement of the oversight of the program by the avicultural, zoolog- Upon receipt of a complete applica- ical, or conservation organization, in- tion, the Director may approve cooper- cluding their monitoring of participa- ative breeding programs. Such ap- tion in the program, criteria for ac- proval will allow individuals to import ceptance of individuals into the pro- exotic birds otherwise prohibited by gram, and the relationship of the coop- section 15.11, with permits under sec- erative breeding program to enhancing tion 15.24. Such approval for coopera- the propagation and survival of the tive breeding programs shall be grant- species; and ed in accordance with the issuance cri- (5) A history of the cooperative teria of this section. breeding program, including an annual (a) Application requirements for ap- report for the last 3 years (if applica- proval of cooperative breeding programs. ble), mortality records, breeding Each application shall provide the fol- records, and a studbook if one has been lowing information and such other in- developed for the species. formation that the Director may re- (b) Issuance criteria. Upon receiving quire: an application completed in accordance (1) A description of the exotic bird(s) with paragraph (a) of this section, the to be imported or to be covered under Director will decide whether or not a the program, including the common cooperative breeding program should and scientific names of the species, be approved. In making this decision, number, sex ratio (if applicable), and the Director shall consider, in addition age class; to the general criteria in part 13 of this (2) A statement of the reasons the ap- subchapter, the following factors: plicant is justified in obtaining this ap- (1) Whether the cooperative breeding proval, and a description of the cooper- program for which the approval is re- ative breeding program requested for quested is adequate to justify removing the exotic bird species, including: the exotic bird from the wild or other- (i) A breeding protocol, including a wise changing its status; genetic management plan and breeding (2) Whether the granting of this ap- methods; proval would be detrimental to the sur- (ii) A statement on the plans for de- vival of the exotic bird species in the veloping and maintaining a self-sus- wild, including whether the exotic

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birds were bred in captivity or will be Subpart D—Approved List of Spe- taken from the wild, taking into con- cies Listed in the Appendices sideration the conservation status of to the Convention the species in the wild; (3) Whether the granting of this ap- SOURCE: 59 FR 62262, Dec. 2, 1994, unless proval would conflict with any known otherwise noted. program intended to enhance the survival of the population from which the § 15.31 Criteria for including species exotic bird species was or would be re- in the approved list for captive- moved; bred species. (4) Whether the cooperative breeding The Director will periodically review program for which the permit is re- the list of captive-bred exotic bird spe- quested would be likely to enhance or cies in paragraph 15.33(a), for which im- promote the conservation of the exotic portation into the United States is ap- bird species in the wild or result in a proved. Any exotic bird species listed in paragraph 15.33(a) pursuant to this self-sustaining population of the exotic section must meet all of the following bird species in captivity; and criteria: (5) Whether the expertise or other re- (a) All specimens of the species sources available to the program ap- known to be in trade (legal or illegal) pear adequate to successfully accom- are captive-bred; plish the objectives stated in the appli- (b) No specimens of the species are cation. known to be removed from the wild for (c) Publication in the FEDERAL REG- commercial purposes; ISTER. The Director shall publish no- (c) Any importation of specimens of tice in the FEDERAL REGISTER of each the species would not be detrimental to application submitted under § 15.26(a). the survival of the species in the wild; Each notice shall invite the submission and from interested parties of written data, (d) Adequate enforcement controls views, or arguments with respect to are in place to ensure compliance with the application. The Director shall paragraphs (a) through (c) of this sec- publish periodically a notice as appro- tion. priate in the FEDERAL REGISTER of the § 15.32 Criteria for including species list of approved cooperative breeding in the approved list for non-captive- programs. bred species. (d) Approval conditions. In addition to Upon receipt of a completed sustain- the general conditions set forth in part able use management plan for a coun- 13 of this subchapter, every approval try of export, the Director may ap- issued under this paragraph shall be prove a species listed in Appendices II subject to the special condition that or III of the Convention for importa- the cooperative breeding program shall tion from that country. Such approval maintain records of all birds imported shall be granted in accordance with the under permits issued under this sub- issuance criteria of this section. All ap- part and their progeny, including their proved species and countries of export sale or transfer, death, or escape, and will be listed in section 15.33. breeding success. These records shall (a) Requirements for scientifically-based be made available to the Service on re- sustainable use management plans. Sus- quest and when renewing an approval. tainable use management plans devel- (e) Duration of approval. Cooperative oped by the country of export should be breeding programs shall be approved submitted for species which breed in for two years, at which time applicants the country of export. If the species does not breed in the country of export, may apply to the Service for renewal of the Service will consider sustainable a program’s approval. Applications for use management plans only when the renewal of approval shall comply with plan is scientifically valid and nesting the general conditions set forth in part (breeding) information can be provided 13 of this subchapter. from countries in which the species breeds. Sustainable use management

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plans shall include the following infor- gion of take, including scientific ref- mation, and any other information erences; that may be appropriate: (iv) Factors, including management (1) Background information, includ- activities, favoring or threatening the ing the following: species’ habitat in the foreseeable fu- (i) The scientific and common name ture within each area or region of take, of the species; and throughout the country of export (ii) Letters from the country of ex- whenever available, including sci- port’s Management and Scientific Au- entific references; and thorities transmitting the manage- (v) A list of management plans that ment plan of this species; have been or are being planned, devel- (iii) A summary of the country of ex- oped, or implemented for the species’ port’s legislation related to this species important habitats, if any. and legislation implementing the Con- (3) Information on the role of the spe- vention, and, where appropriate, a cies in its ecosystem, including: summary of implementing regulations; (i) A description of the part(s) of the (iv) A summary, from the country of species’ life cycle completed within the export’s Management Authority, of the country of export; country’s infrastructure and law en- (ii) A description of nest sites and/or forcement and monitoring mechanisms plant communities that are most fre- designed to ensure both enforcement of quently used for placement of nests and compliance with the requirements and, if applicable, nesting habits; of the management plan, and that the (iii) A general description of the spe- number of birds removed from the wild cies’ diet and where the species forages or exported will be consistent with the (aerial feeder, tree canopy, tree trunk, management plan; midstory, understory, open water or (v) Recent information on the dis- other), and seasonal changes in for- tribution of the species within the aging habits, including, when avail- country of export, including scientific able, scientific references; and references and maps, and historical in- (iv) Information on any species or formation on distributions, if relevant; plant community which is dependent and on the occurrence of the exotic bird (vi) The species’ status and its cur- species. rent population trend in the country of (4) Population dynamics of the spe- export, including scientific references cies, including: and copies of the most recent non-det- (i) Recent population data for the riment findings made by the exporting population of the species in the coun- country’s Scientific Authority. try of export, as derived from indices of (2) Habitat information, including: relative abundance or population esti- (i) A general description of habitats mates, along with documentation for used by the species for each portion of each estimate; the life cycle completed within the (ii) Within each area or region of country of export; take, documentation for recent popu- (ii) Recent information on the size lation data or estimates, conducted for and distribution of these habitats at least 3 separate years or 1 year with throughout the country of export and a description of survey plans for future in each area or region of take, includ- years. These population assessments ing scientific references and maps. The should have been conducted during the approximate location of any reserves same season (breeding or non-breeding) that provide protection for this species of each year for which documentation should be indicated on the accom- is submitted (i.e., be methodologically panying map(s), along with a brief de- comparable—both temporally and spa- scription of how reserves are protected tially); and how that protection is enforced; (iii) Within each area or region of (iii) Status and trends of the impor- take, a scientific assessment (with doc- tant habitats used by the species in the umentation) of recent reproductive country of export as a whole whenever (nesting) success. This assessment available and within each area or re- should include information on the

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number of young produced per egg-lay- mentation that such a species is a pest, ing female per year or per nesting pair, including a description of the type of or if scientifically appropriate for the pest,—e.g., agricultural, disease car- species to be exported, estimates on rier; a description of the damage the the number of young produced per year pest species causes to its ecosystem; from pre-breeding and post-breeding and a description of how the sustain- surveys conducted within the same an- able use management plan controls nual cycle; population levels of the pest species. (iv) Within each area or region of (ii) For non-pest species: A descrip- take, estimation (with documentation) tion of how the sustainable use man- of annual mortality or loss including agement plan promotes the value of natural mortality and take for subsist- the species and its habitats. Incentives ence use, export trade, and domestic for conservation may be generated by trade in each area of take; or environmental education, cooperative (v) When appropriate, information efforts or projects, development of co- (with documentation) on the number of young which can be taken from the operative management units, and/or area, as a result of a conservation en- activities involving local communities. hancement program. (7) Additional factors: (5) Determination of biologically sus- (i) Description of any existing en- tainable use: hancement activities developed for the (i) Estimation of the number ex- species, including, but not limited to, ported from the country during the annual banding programs, nest watch- past 2 years, and the number of birds ing/guarding, and nest improvement; removed from the wild for export, do- and mestic trade, illegal trade, subsistence (ii) Description, including photo- use, and other purposes (specify) for graphs or diagrams, of the shipping the country of export during the past 2 methods and enclosures proposed to be years; used to transport the exotic birds, in- (ii) The estimated number of birds cluding but not limited to feeding and that will be removed from the wild care during transport, densities of from each area of take each year for all birds in shipping enclosures, and esti- purposes (export trade, domestic trade, mated consignment sizes. illegal trade, and subsistence use), in- (b) Approval criteria. Upon receiving a cluding a description of age-classes sustainable use management plan in (nestlings, fledglings, sub-adults, accordance with paragraph (a) of this adults, all classes), when applicable; section, the Director will decide wheth- (iii) For the projected take addressed er or not an exotic bird species should in the management plan, a description be listed as an approved species for im- of the removal process, including, but portation from the country of export, not limited to, locations, time of year, under section 15.33. In making this de- capture methods, means of transport, cision, the Director shall consider in and pre-export conditioning; addition to the general criteria in part (iv) Documentation of how each pro- 13 of this subchapter, all of the fol- jected level of take was determined; lowing factors for the species: (v) Explanation of infrastructure and (1) Whether the country of export is law enforcement and monitoring mech- effectively implementing the Conven- anisms that ensure compliance with the methodology in the management tion, particularly with respect to: plan and that the species will be re- (i) Establishment of a functioning moved at a level that ensures sustain- Scientific Authority; able use; and (ii) The requirements of Article IV of (vi) Description of how species in the Convention; each area or region of take will be (iii) Remedial measures rec- monitored in order to determine ommended by the Parties to the Con- whether the number and age classes of vention with respect to this and simi- birds taken is sustainable. lar species, including recommendations (6)(i) For species that are considered of permanent committees of the Con- ‘‘pests’’ in the country of origin: docu- vention; and

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(iv) Article VIII of the Convention, (iii) Whether the projected take and including but not limited to establish- export will not detrimentally affect ment of legislation and infrastructure breeding populations; and necessary to enforce the Convention, (iv) Whether the projected take and and submission of annual reports to export will not detrimentally affect ex- the Convention’s Secretariat; isting enhancement activities, con- (2) Whether the country of export has servation programs, or enforcement ef- developed a scientifically-based man- forts throughout the species’ range. agement plan for the species that: (4) For purposes of applying the cri- (i) Provides for the conservation of terion in paragraph (b)(2)(iv) of this the species and its habitat(s); section, the Director may give positive (ii) Includes incentives for conserva- consideration to plans wherein very tion unless the species is a documented conservative capture and export quotas pest species; are implemented prior to being able to (iii) Is adequately implemented and obtain all of the biological information enforced; necessary for a more large-scale man- (iv) Ensures that the use of the spe- agement plan, if the country can dem- cies is: onstrate that such conservative cap- (A) Sustainable; ture and export quotas are non-detri- (B) Maintained throughout its range mental to the species survival in the at a level that is consistent with the wild under the criterion in paragraph species’ role in its ecosystem; and (b)(2)(iv) of this section. (C) Is well above the level at which (c) Publication in the Federal Register. the species might become threatened; The Director shall publish notice in the (v) Addresses illegal trade, domestic FEDERAL REGISTER of the availability trade, subsistence use, disease, and of each complete sustainable use man- habitat loss; and agement plan received under paragraph (vi) Ensures that the methods of cap- (a) of this section. Each notice shall in- ture, transport, and maintenance of vite the submission from interested the species minimize the risk of injury, parties of written data, views, or argu- damage to health, and inhumane treat- ments with respect to the proposed ap- ment; and proval. (3) If the species has a multi-national (d) Duration of approval. A species and distribution: country of export listed in section 15.33 (i) Whether populations of the species as approved shall be approved for 3 in other countries in which it occurs years, at which time renewal of ap- will not be detrimentally affected by proval shall be considered by the Serv- exports of the species from the country ice. requesting approval; [61 FR 2091, Jan. 24, 1996] (ii) Whether factors affecting conservation of the species, including ex- § 15.33 Species included in the ap- port from other countries, illegal proved list. trade, domestic use, or subsistence use (a) Captive-bred species. The list in are regulated throughout the range of this paragraph includes species of cap- the species so that recruitment and/or tive-bred exotic birds for which impor- breeding stocks of the species will not tation into the United States is not be detrimentally affected by the pro- prohibited by section 15.11. The species posed export; are grouped taxonomically by order.

Species Common name

Order Falconiiformes: Buteo buteo ...... Common European buzzard. Order Columbiformes: Columba livia ...... Rock dove. Order Psittaciformes: Agapornis personata ...... Masked lovebird. Agapornis roseicollis ...... Peach-faced lovebird. Aratinga jandaya ...... Jendaya conure. Barnardius barnardi ...... Mallee ringneck parrot. Bolborhynchus lineola (blue form) ...... Lineolated parakeet (blue form).

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Species Common name

Bolborhynchus lineola (yellow form) ...... Lineolated parakeet (yellow form). Bolborhynchus lineola (white form) ...... Lineolated parakeet (white form). Cyanoramphus auriceps ...... Yellow-fronted Parakeet. Cyanoramphus novaezelandiae ...... Red-fronted parakeet. Forpus coelestis (lutino form) ...... Pacific parrotlet (lutino form). Forpus coelestis (yellow form) ...... Pacific parrotlet (yellow form). Forpus coelestis (blue form) ...... Pacific parrotlet (blue form). Forpus coelestis (cinnamon form) ...... Pacific parrotlet (cinnamon form). Melopsittacus undulatus ...... Budgerigar. Neophema bourkii ...... Bourke’s parrot. Neophema chrysostoma ...... Blue-winged Parrot. Neophema elegans ...... Elegant Parrot. Neophema pulchella 1 ...... Turquoise parrot. Neophema splendida 1 ...... Scarlet-chested parrot. Nymphicus hollandicus ...... Cockatiel. Platycercus adelaide ...... Adelaide rosella. Platycercus adscitus ...... Pale-headed rosella. Platycercus elegans ...... Crimson rosella. Platycercus eximius ...... Eastern rosella Platycercus icterotis ...... Western (stanley) rosella. Platycercus venustus ...... Northern rosella. Polytelis alexandrae ...... Princess parrot. Polytelis anthopeplus ...... Regent parrot. Polytelis swainsonii ...... Superb parrot. Psephotus chrysopterygius 1 ...... Golden-shouldered parakeet. Psephotus haematonotus ...... Red-rumped parakeet. Psephotus varius ...... Mulga parakeet. Psittacula eupatria (blue form) ...... Alexandrine parakeet (blue form). Psittacula eupatria (lutino form) ...... Alexandrine parakeet (lutino form). Psittacula krameri manillensis ...... Indian ringneck parakeet. Purpureicephalus spurius ...... Red-capped parrot. Trichoglossus chlorolepidotus ...... Scaly-breasted lorikeet. Order Passeriformes: Aegintha temporalis ...... Red-browed Finch. Aidemosyne modesta ...... Cherry Finch. Chloebia gouldiae ...... Gouldian finch. Emblema guttata ...... Diamond Sparrow. Emblema picta ...... Painted finch. Lonchura castaneothorax ...... Chestnut-breasted finch. Lonchura domestica ...... Society (=Bengalese) finch. Lonchura pectoralis ...... Pictorella finch. Neochmia ruficauda ...... Star finch. Poephila acuticauda ...... Long-tailed grassfinch. Poephila bichenovii ...... Double-barred finch. Poephila cincta ...... Parson finch. Poephila guttata ...... Zebra finch. Poephila personata ...... Masked finch. Serinus canaria ...... Common Canary. 1 Note: Permits are still required for these species under part 17 (species listed as endangered or threatened under the En- dangered Species Act (ESA)) of this chapter.

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(b) Non-captive-bred species. The list Subpart D—Additional Exemptions in this paragraph includes species of non-captive-bred exotic birds and coun- 16.32 Importation by Federal agencies. tries for which importation into the 16.33 Importation of natural-history speci- United States is not prohibited by sec- mens. tion 15.11. The species are grouped tax- AUTHORITY: 18 U.S.C. 42. onomically by order, and may only be SOURCE: 39 FR 1169, Jan. 4, 1974, unless oth- imported from the approved country, erwise noted. except as provided under a permit issued pursuant to subpart C of this part. Subpart A—Introduction [59 FR 62262, Dec. 2, 1994, as amended at 61 § 16.1 Purpose of regulations. FR 2093, Jan. 24, 1996] The regulations contained in this part implement the Lacey Act (18 Subpart E—Qualifying Facilities U.S.C. 42). Breeding Exotic Birds in Captivity § 16.2 Scope of regulations. § 15.41 Criteria for including facilities as qualifying for imports. [Re- The provisions of this part are in ad- served] dition to, and are not in lieu of, other regulations of this subchapter B which § 15.42 List of foreign qualifying breeding facilities. [Reserved] may require a permit or prescribe additional restrictions or conditions for the Subpart F—List of Prohibited Spe- importation, exportation, and interstate transportation of wildlife (see cies Not Listed in the Appen- also part 13). dices to the Convention § 16.3 General restrictions. § 15.51 Criteria for including species and countries in the prohibited list. Any importation or transportation of [Reserved] live wildlife or eggs thereof, or dead fish or eggs or salmonids of the fish § 15.52 Species included in the prohibited list. [Reserved] family Salmonidae into the United States or its territories or possessions § 15.53 Countries of export included in is deemed to be injurious or potentially the prohibited list. [Reserved] injurious to the health and welfare of human beings, to the interest of for- PART 16—INJURIOUS WILDLIFE estry, agriculture, and horticulture, and to the welfare and survival of the Subpart A—Introduction wildlife or wildlife resources of the Sec. United States; and any such importa- 16.1 Purpose of regulations. tion into or the transportation of live 16.2 Scope of regulations. wildlife or eggs thereof between the 16.3 General restrictions. continental United States, the District of Columbia, Hawaii, the Common- Subpart B—Importation or Shipment of wealth of Puerto Rico, or any territory Injurious Wildlife or possession of the United States by 16.11 Importation of live wild mammals. any means whatsoever, is prohibited 16.12 Importation of live wild birds or their except for certain purposes and under eggs. certain conditions as hereinafter pro- 16.13 Importation of live or dead fish, mollusks, and crustaceans, or their eggs. vided in this part: Provided, That the 16.14 Importation of live amphibians or provisions of this section shall not their eggs. apply to psittacine birds (see also 16.15 Importation of live reptiles or their §§ 16.32 and 16.33 for other exemptions). eggs.

Subpart C—Permits 16.22 Injurious wildlife permits.

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Subpart B—Importation or quelea; (3) any species of Java sparrow, Shipment of Injurious Wildlife Padda oryzivora; (4) the species of red- whiskered bul-bul, Pycnonotus jocosus: § 16.11 Importation of live wild mam- Provided, That the Director shall issue mals. permits authorizing the importation, (a) The importation, transportation, transportation, and possession of such or acquisition is prohibited of live live birds under the terms and condi- specimens of: (1) Any species of so- tions set forth in § 16.22. called ‘‘flying fox’’ or fruit bat of the (b) Upon the filing of a written dec- genus Pteropus; (2) any species of mon- laration with the District Director of goose or meerkat of the genera Atilax, Customs at the port of entry as re- Cynictis, Helogale, Herpestes, Ichneumia, quired under § 14.61, all species of live Mungos, and Suricata; (3) any species of wild game, birds may be imported, European rabbit of the genus transported, and possessed in captivity, Oryctolagus; (4) any species of Indian without a permit, for scientific, med- wild dog, red dog, or dhole of the genus ical, educational, exhibition, or propa- Cuon; (5) any species of multimammate gating purposes, and the eggs of such rat or mouse of the genus Mastomys; (6) birds may be imported, transported, any raccoon dog, Nyctereutes procyonoides; and (7) any brushtail pos- and possessed, without a permit, for sum, Trichosurus vulpecula: Provided, propagating or scientific collection that the Director shall issue permits purposes, but no such live wild game authorizing the importation, transpor- birds or any progeny thereof may be re- tation, and possession of such mam- leased into the wild except by the mals under the terms and conditions State wildlife conservation agency set forth in § 16.22. having jurisdiction over the area of re- (b) Upon the filing of a written dec- lease or by persons having prior writ- laration with the District Director of ten permission for release from such Customs at the port of entry as re- agency. quired under § 14.61, all other species of (c) Upon the filing of a written dec- live wild mammals may be imported, laration with the District Director of transported, and possessed in captivity, Customs at the port of entry as re- without a permit, for scientific, med- quired under § 14.61, all species of live, ical, educational, exhibition, or propa- wild nongame birds (other than those gating purposes, but no such live wild listed in paragraph (a) of this section) mammals or any progeny thereof may may be imported, transported, and pos- be released into the wild except by the sessed in captivity, without a permit, State wildlife conservation agency for scientific, medical, educational, ex- having jurisdiction over the area of re- hibition, or propagating purposes, but lease or by persons having prior writ- no such live, wild nongame birds or any ten permission for release from such agency: Provided, That the provisions progeny thereof may be released into of this paragraph shall not apply to the wild except by or under the direc- live game mammals from Mexico, the tion of State wildlife conservation importation of which is governed by agencies when such agencies have re- regulations under part 14 of this chap- ceived prior written permission from ter. the Director for such release: Provided, That the provisions of this paragraph [39 FR 1169, Jan. 4, 1974, as amended at 47 FR shall not apply to live bald and golden 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002] eagles or to live migratory birds, the § 16.12 Importation of live wild birds importation of which is governed by or their eggs. regulations under parts 22 and 21 of (a) The importation, transportation, this chapter, respectively, or to birds or acquisition is prohibited of any live of the Family Psittacidae (parrots, ma- specimen or egg of (1) the species of so- caws, cockatoos, parakeets, lories, called ‘‘pink starling’’ or ‘‘rosy pastor’’ lovebirds, etc.), the importation and Sturnus roseus; (2) the species of dioch transportation of which is governed by (including the subspecies black-front- U.S. Public Health Service regulations ed, red-billed, or Sudan dioch) Quelea under 42 CFR parts 71 and 72.

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(d) The importation of the eggs of (J) Channa gachua (dwarf, gaucha, or wild nongame birds is prohibited ex- frog snakehead). cept as permitted under § 16.33. (K) Channa harcourtbutleri (Inle snakehead). § 16.13 Importation of live or dead fish, (L) Channa lucius (shiny or splendid mollusks, and crustaceans, or their snakehead). eggs. (M) Channa maculata (blotched (a) Upon an exporter filing a written snakehead). declaration with the District Director (N) Channa marulius (bullseye, of Customs at the port of entry as re- murrel, Indian, great, or cobra quired under § 14.61 of this chapter, live snakehead). or dead fish, mollusks, and crusta- (O) Channa maruloides (emperor ceans, or parts thereof, or their snakehead). gametes or fertilized eggs, may be im- (P) Channa melanoptera. ported, transported, and possessed in (Q) Channa melasoma (black captivity without a permit except as snakehead). follows: (R) Channa micropeltes (giant, red, or (1) No such live fish, mollusks, crus- redline snakehead). tacean, or any progency or eggs thereof (S) Channa nox. may be released into the wild except by (T) Channa orientalis (Ceylon or Cey- the State wildlife conservation agency lonese Green snakehead). having jurisdiction over the area of re- (U) Channa panaw. lease or by persons having prior writ- (V) Channa pleurophthalmus (ocel- ten permission from such agency. lated, spotted, or eyespot snakehead). (2) The importation, transportation, (W) Channa punctata (dotted or spot- or acquisition of any of the species list- ted snakehead). ed in this paragraph is prohibited ex- (X) Channa stewartii (golden cept as provided under the terms and snakehead). conditions set forth in § 16.22: (Y) Channa striata (chevron or striped (i) Live fish or viable eggs of walking snakehead). catfish, family Clariidae. (Z) Parachanna africana (Niger or Af- (ii) Live mitten crabs, genus rican snakehead). Eriocheir, or their viable eggs. (AA) Parachanna insignis (Congo, (iii) Live mollusks, veligers, or viable square-spotted African or light African eggs of zebra mussels, genus Dreissena. snakehead). (iv) Any live fish or viable eggs of (BB) Parachanna obscura (dark Afri- snakehead fishes of the genera Channa can, dusky, or square-spotted and Parachanna (or their generic syno- snakehead). nyms of Bostrychoides, Ophicephalus, (v) Any live fish, gametes, viable Ophiocephalus, and Parophiocephalus) of eggs, or hybrids of the following Asian the Family Channidae, including but carp species in family Cyprinidae: not limited to: (A) Hypophthalmichthys harmandi (A) Channa amphibeus (Chel or Borna (largescale silver carp). snakehead). (B) Hypophthalmichthys molitrix (sil- (B) Channa argus (Northern or Amur ver carp). snakehead). (C) Hypophthalmichthys nobilis (big- (C) Channa asiatica (Chinese or head carp). Northern Green snakehead). (D) Mylopharyngodon piceus (black (D) Channa aurantimaculata. carp). (E) Channa bankanensis (Bangka (3) Notwithstanding § 16.32, all Fed- snakehead). eral agencies shall be subject to the re- (F) Channa baramensis (Baram quirements stated within this section. snakehead). Live or dead uneviscerated salmonid (G) Channa barca (barca or tiger fish (family Salmonidae), live fertilized snakehead). eggs, or gametes of salmonid fish are (H) Channa bleheri (rainbow or jewel prohibited entry into the United States snakehead). for any purpose except by direct ship- (I) Channa cyanospilos (bluespotted ment accompanied by a certification snakehead). that: as defined in paragraph (e)(1) of

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this section, the fish lots, from which (vi) The original handwritten signa- the shipments originated, have been ture, in ink, of the certifying official sampled; virus assays have been con- and his or her address and telephone ducted on the samples according to number. methods described in paragraphs (e)(2) (3) Certification may be substantially through (4); of this section; and in the following form: Oncorhynchus masou virus and the vi- I, llll, designated by the Director of ruses causing viral hemorrhagic septi- the U.S. Fish and Wildlife Service on llll cemia, infectious hematopoietic necro- (date), as a certifying official for llll sis, and infectious pancreatic necrosis (country), as required by Title 50, CFR 16.13, have not been detected in the fish do hereby certify that the fish lot(s) of origin stocks from which the samples were for this shipment of llll (weight in kilo- taken. In addition, live salmonid fish grams) dead uneviscerated salmonid fish, live salmonid fish, live salmonid fish eggs can be imported into the United States disinfected as described in § 16.13, or live only upon written approval from the salmonid gametes to be shipped under Director of the U.S. Fish and Wildlife llll (bill of lading number or airway bill Service. number), were sampled at llll (location (4) All live fish eggs of salmonid fish of fish facility) on llll (sampling date) must be disinfected within 24 hours and the required viral assays were completed prior to shipment to the United States. on llll (date assays were completed) at llll (location where assays were con- Disinfection shall be accomplished by ducted) using the methodology described in immersion for 15 minutes in a 75 part § 16.13. I further certify that Oncorhynchus per million (titratable active iodine) masou virus and the viruses causing viral non-detergent solution of hemorrhagic septicemia, infectious polyvinylpyrrolidone iodine (iodophor) hematopoietic necrosis, and infectious pan- buffered to a pH of 6.0 to 7.0. Following creatic necrosis have not been detected in disinfection, the eggs shall be rinsed viral assays of the fish lot(s) of origin. and maintained in water free of fish The shipment is scheduled to depart llll (city and country) on llll (date), pathogens until packed and shipped. via llll (name of carrier) with antici- Any ice or water used for shipping pated arrival at the port of llll (city), shall be from pathogen-free water. U.S.A., on llll (date). (b)(1) The certification to accompany llllllllllllllllllllllll importations as required by this sec- (Signature in ink of certifying official) tion shall consist of a statement in the llllllllllllllllllllllll English language, printed or type- (Printed name of certifying official) written, stating that this shipment of Date: llllllllllllllllllll dead uneviscerated salmonid fish, live Organization employing certifying official: salmonid fish, or live, disinfected fer- Mailing address: lllllllllllllll City: lllllllllllllllllllll tilized eggs or gametes of salmonid fish State/Province: lllllllllllllll has been tested, by the methods out- Zip Code/Mail Code: lllllllllllll lined in this section, and none of the Country: llllllllllllllllll listed viruses were detected. The cer- Office telephone number: International code tification shall be signed in the coun- Telephone number lllllllllllll try of origin by a qualified fish pathol- Fax number lllllllllllllllll ogist designated as a certifying official (c) Nothing in this part shall restrict by the Director. the importation and transportation of (2) The certification must contain: dead salmonid fish when such fish have (i) The date and port of export in the been eviscerated (all internal organs country of origin and the anticipated removed, gills may remain) or filleted date of arrival in the United States and or when such fish or eggs have been port of entry; processed by canning, pickling, smok- (ii) Surface vessel name or number or ing, or otherwise prepared in a manner air carrier and flight number; whereby the Oncorhynchus masou virus (iii) Bill of lading number or airway and the viruses causing viral hemor- bill number; rhagic septicemia, infectious (iv) The date and location where fish, hematopoietic necrosis, and infectious tissue, or fluid samples were collected; pancreatic necrosis have been killed. (v) The date and location where virus (d) Any fish caught in the wild in assays were completed; and North America under a valid sport or

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commercial fishing license shall be ex- (iii) The minimum sample numbers empt from sampling and certification collected from each lot must be in ac- requirements and from filing the Dec- cordance with a plan that provides 95 laration for Importation of Wildlife. percent confidence that at least one The Director may enter into formal fish, with a detectable level of infec- agreements allowing the importation tion, will be collected and will be of gametes, fertilized eggs, live fish, or present in the sample if the assumed dead, uneviscerated fish without in- minimum prevalence of infection spection and certification of pathogen equals or exceeds 2 percent. A total of status, if the exporting Nation has an 150 fish collected proportionately from acceptable program of inspection and among all containers shared by the lot pathogen control in operation, can doc- usually meets this requirement. A sam- ument the occurrence and distribution pling strategy based on a presumed of fish pathogens within its boundaries, pathogen prevalence of 5 percent (60 and can demonstrate that importation fish) may be used to meet sampling re- of salmonid fishes into the United quirements for shipments of gametes, States from that National will not pose fertilized eggs, or uneviscerated dead a substantial risk to the public and pri- fish; provided that in the previous 2 vate fish stocks of the United States. years no disease outbreaks caused by a (e) Fish sampling requirements, sample pathogen of concern have occurred at processing, and methods for virus as- the facility from which the shipment says—(1) Fish sampling requirements. (i) originated and all stocks held at the fa- Sampling for virus assays required by cility have been inspected at least four this section must be conducted within times during that period (at intervals the six (6) months prior to the date of of approximately 6 months) and no shipment of dead uneviscerated pathogens of concern detected. salmonid fish, live salmonid fish, live (iv) Fish must be alive when col- salmonid eggs, or salmonid gametes to lected and processed within 48 hours the United States. Sampling shall be after collection. Tissue and fluid sam- on a lot-by-lot basis with the samples ples shall be stored in sealed, aseptic from each lot distinctively marked, containers and kept at 4 °Celsius (C.) or maintained, and processed for virus on ice but not frozen. assay separately. A fish lot is defined (v) Tissue collection shall be as fol- as a group of fish of the same species lows: and age that originated from the same discrete spawning population and that (A) Sac Fry and fry to 4 centimeter always have shared a common water (cm): Assay entire fish. If present, re- supply. In the case of adult broodstock, move the yolk sac. various age groups of the same fish spe- (B) Fish 4–6 cm: Assay entire visceral cies may be sampled as a single lot, mass including kidney. provided they meet the other condi- (C) Fish longer than 6 cm: Assay kid- tions previously stated and have shared ney and spleen in approximately equal the same container(s) for at least 1 weight proportions. year prior to the sampling date. (D) Spawning adult broodstock: (ii) In a sample, or sub-sample of a Assay kidney and spleen tissues from given lot, collection of 10 or more mor- males and/or females and ovarian fluid ibund fish shall be given first pref- from females. Ovarian fluid may com- erence. The remainder of fish required prise up to 50 percent of the samples for collection shall be randomly se- collected. lected live fish from all containers oc- (2) General sample processing require- cupied by the lot being sampled. Mori- ments. (i) Ovarian fluid samples shall be bund fish shall be collected and proc- collected from each spawning female essed separately from randomly se- separately. All samples from individual lected fish. In the event the sample is fish shall be measured to ensure that taken from adult broodstock of dif- similar quantities from each fish are ferent ages that share the same con- combined if samples are pooled. Ovar- tainer, first preference shall be given ian fluid samples from no more than to collecting samples from the older five fish may be combined to form a fish. pool.

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(ii) Whole fry (less yolk sacs), mycostatin/Nystatin (25 IU/ml) or viscera, and kidney and spleen tissues amphotericin B/Fungizone (2.5 μg/ml), from no more than five fish may be are permitted in media used for cell similarly pooled. culture and virus assay work. (iii) Antibiotics and antifungal (ii) Cell cultures shall be seeded and agents may be added to ovarian fluid or grown, at optimum temperatures, to tissue samples to control microbial 80–90 percent confluence in 24-well contaminant growth at the time of plates for virus assay work. sample collection. Final concentra- (iii) Decant the medium from the re- tions shall not exceed 200–500 quired number of 24-well plates of each micrograms/milliliter (μg/ml) of cell line, and inoculate four replicate Gentamycin, 800 international units/ milliliter (IU/ml) of penicillin, or 800 wells per cell line with .10 ml per well μg/ml of streptomycin. Antifungal of each processed sample. When all agent concentrations should not exceed wells have been inoculated, tilt plates 200 IU/ml of mycostatin (Nystatin) of 20 to spread the inocula evenly. Incubate μg/ml of amphotericin B (Fungizone). inoculated plates for 1 hour at 15 °C. for (iv) Sample temperature must be sample contact. After the 1 hour con- maintained between 4 at 15 °C. during tact add cell culture medium. Medium processing. Use separate sets of sterile shall be buffered or cells incubated so homogenization and processing equip- that a pH between 7.4 and 7.8 is main- ment to process fluids or tissues from tained. All cell culture assays shall be each fish lot sampled. Processing incubated, without overlays, at 15 °C. equipment need not be sterilized be- for 21 days. tween samples within a single lot. (4) Virus identification by serological (v) Homogenized tissue samples may methods. All cell cultures showing be diluted 1:10 with buffered cell cul- cytopathic effects (CPE) must be sub- ture medium (pH 7.4–7.8) containing cultured onto fresh cell cultures. If antibiotics and antifungal agents not CPE is observed, determine the pres- exceeding the concentrations described ence and identity the virus by serum in paragraph (e)(2)(iii) of this section. neutralization, dot blot, enzyme-linked Centrifuge tissue suspensions and ovar- immunosorbent assay, or other equiva- ian fluid samples 4 °C. at 2,500 × gravity lent serological technique. (g) (relative centrifugal force) for 15 minutes. Resulting supernatant solu- (f) Information concerning the im- tions can be stored overnight at 4 °C. portation requirements of this section (vi) At the time of inoculation onto and application requirements for des- cell cultures, total dilution of proc- ignation as a certifying official for pur- essed tissue samples must not exceed poses of this section may be obtained 1:100 ((volume to volume) (v/v)); total by contacting the Division of Fish and dilution of ovarian fluid samples must Aquatic Conservation Programs at the not exceed 1:20 (v/v). In samples inocu- address provided at 50 CFR 2.1(b) or by lated onto cell cultures, the final anti- telephone at 703–358–1878. biotic concentration shall not exceed (g) The information collection re- 100 μg/ml of Gentamicin, 100 IU/ml of quirements contained in this part have penicillin, or 100 μg/ml of streptomycin been approved by the Office of Manage- and antifungal agent concentrations ment and Budget under 44 U.S.C. 3501 et should not exceed 25 IU/ml of seq. and assigned clearance number mycostatin (Nystatin) or 2.5 μg/ml of 1018–0078. The information is being col- amphotericin B (Fungizone). lected to inform U.S. Customs and (3) Cell culture procedures. (i) Both USFWS inspectors of the contents, ori- epithelioma papulosum cyprini (EPC) gin, routing, and destination of fish and chinook salmon embryo (CHSE– and eggs shipments and to certify that 214) cell lines must be maintained and the fish lots were inspected for listed used in all virus assays. Susceptible, pathogens. The information will be normal appearing, and rapidly dividing cell cultures shall be selected. Peni- cillin (100 IU/ml), streptomycin (100 μg/ ml), and antifungal agents, such as

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used to protect the health of the fish- State wildlife conservation agency ery resource. Response is required to having jurisdiction over the area of re- obtain a benefit. lease or by persons having prior written permission for release from such [58 FR 58979, Nov. 5, 1993, as amended at 65 FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, agency. 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, [55 FR 17441, Apr. 25, 1990, as amended at 77 Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR FR 3366, Jan. 23, 2012] 43964, July 29, 2014]

§ 16.14 Importation of live amphibians Subpart C—Permits or their eggs. § 16.22 Injurious wildlife permits. Upon the filing of a written declaration with the District Director of Cus- The Director may, upon receipt of an toms at the port of entry as required application and in accordance with the under § 14.61, all species of live amphib- issuance criteria of this section, issue a ians or their eggs may be imported, permit authorizing the importation transported, and possessed in captivity, into or shipment between the conti- without a permit, for scientific, med- nental United States, the District of ical, education, exhibition, or propa- Columbia, Hawaii, the Commonwealth gating purposes, but no such live am- of Puerto Rico, or any possession of the phibians or any progeny or eggs thereof United States of injurious wildlife (See may be released into the wild except by subpart B of this part) for zoological, the State wildlife conservation agency educational, medical, or scientific pur- having jurisdiction over the area of re- poses. lease or by persons having prior writ- (a) Application requirements. Submit ten permission for release from such applications for permits to import, agency. transport, or acquire injurious wildlife for such purposes to the attention of § 16.15 Importation of live reptiles or the Director, U.S. Fish and Wildlife their eggs. Service, at the address listed for the (a) The importation, transportation, Division of Management Authority at or acquisition of any live specimen, ga- 50 CFR 2.1(b). Submit applications in mete, viable egg, or hybrid of the spe- writing on a Federal Fish and Wildlife cies listed in this paragraph is prohib- License/Permit application (Form 3– ited except as provided under the terms 200) and attach all of the following in- and conditions set forth in § 16.22: formation: (1) Boiga irregularis (brown tree (1) The number of specimens and the snake). common and scientific names (genus (2) Python molurus (including P. and species) of each species of live molurus molurus (Indian python) and P. wildlife proposed to be imported or molurus bivittatus (Burmese python). otherwise acquired, transported and (3) Python sebae (Northern African possessed; python or African rock python). (2) The purpose of such importation (4) Python natalensis (Southern Afri- or other acquisition, transportation can python or African rock python). and possession; (5) Eunectes notaeus (yellow ana- (3) The address of the premises where conda). such live wildlife will be kept in cap- (b) Upon the filing of a written dec- tivity; laration with the District Director of (4) A statement of the applicant’s Customs at the port of entry as re- qualifications and previous experience quired under § 14.61, all other species of in caring for and handling captive wild- live reptiles or their eggs may be im- life. ported, transported, and possessed in (b) Additional permit conditions. In ad- captivity, without a permit, for sci- dition to the general conditions set entific, medical, educational, forth in part 13 of this subchapter B, exhibitional or propagating purposes, permits to import or ship injurious but no such live reptiles or any wildlife for zoological, educational, progency or eggs thereof may be re- medical, or scientific purposes shall be leased into the wild except by the subject to the following conditions:

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(1) All live wildlife acquired under (d) The Office of Management and permit and all progeny thereof, must Budget approved the information col- be confined in the approved facilities lection requirements contained in this on the premises authorized in the per- part 16 under 44 U.S.C. 3507 and as- mit. signed OMB Control Number 1018–0093. (2) No live wildlife, acquired under The Service may not conduct or spon- permit, or any eggs or progeny thereof, sor, and you are not required to re- may be sold, donated, traded, loaned, spond to, a collection of information or transferred to any other person un- unless it displays a currently valid less such person has a permit issued by OMB control number. We are collecting the Director under § 16.22 authorizing this information to provide informa- him to acquire and possess such wild- tion necessary to evaluate permit ap- life or the eggs or progeny thereof. plications. We will use this informa- (3) Permittees shall notify the near- tion to review permit applications and est Special Agent-in-Charge (see § 10.22 make decisions, according to criteria of this chapter) by telephone or other established in various Federal wildlife expedient means within 24 hours fol- conservation statutes and regulations, lowing the escape of any wildlife im- on the issuance, suspension, revoca- ported or transported under authority tion, or denial of permits. You must re- of a permit issued under this section, spond to obtain or retain a permit. We or the escape of any progeny of such estimate the public reporting burden wildlife, unless otherwise specifically for these reporting requirements to av- exempted by terms of the permit. erage 2 hours per response, including (c) Issuance criteria. The Director time for reviewing instructions, gath- shall consider the following in deter- ering and maintaining data, and com- mining whether to issue a permit to import or ship injurious wildlife for zo- pleting and reviewing the forms. Direct ological, educational, medical, or sci- comments regarding the burden esti- entific purposes: mate or any other aspect of these re- (1) Whether the wildlife is being importing requirements to the Service’s ported or otherwise acquired for a bona Information Collection Clearance Offi- fide scientific, medical, educational, or cer at the address provided at 50 CFR zoological exhibition purpose; 2.1(b). (2) Whether the facilities for holding [39 FR 1169, Jan. 4, 1974, as amended at 47 FR the wildlife in captivity have been in- 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998; spected and approved, and consist of a 79 FR 43964, July 29, 2014] basic cage or structure of a design and material adequate to prevent escape Subpart D—Additional Exemptions which is maintained inside a building or other facility of such structure that § 16.32 Importation by Federal agen- the wildlife could not escape from the cies. building or other facility after escap- Nothing in this part shall restrict the ing from the cage or structure main- importation and transportation, with- tained therein; out a permit, of any live wildlife by (3) Whether the applicant is a respon- Federal agencies solely for their own sible person who is aware of the potential dangers to public interests posed use, upon the filing of a written dec- by such wildlife, and who by reason of laration with the District Director of his knowledge, experience, and facili- Customs at the port of entry as re- ties reasonably can be expected to pro- quired under § 14.61: Provided, That the vide adequate protection for such pub- provisions of this section shall not lic interests; and apply to bald and golden eagles or their (4) If such wildlife is to be imported eggs, or to migratory birds or their or otherwise acquired for zoological or eggs, the importations of which are aquarium exhibition purposes, whether governed by regulations under parts 22 such exhibition or display will be open and 21 of this chapter, respectively. to the public during regular appropriate hours.

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§ 16.33 Importation of natural-history gratory birds, the importation of which specimens. is governed by regulations under parts Nothing in this part shall restrict the 20 and 21 of this chapter; to dead game mammals from Mexico, the importa- importation and transportation, with- tion of which is governed by regula- out a permit, of dead natural-history tions under part 14 of this chapter; or specimens of wildlife or their eggs for to dead bald and golden eagles or their museum or scientific collection pur- eggs, the importation of which is gov- poses: Provided, That the provisions of erned by regulations under part 22 of this section shall not apply to dead mi- this chapter.

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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected

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Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—500)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Guidance (Parts 200—299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300—399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Housing and Urban Development (Parts 2400—2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699) XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899)

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XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—199) II Recovery Accountability and Transparency Board (Parts 200— 299)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600—3699) XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199)

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XXXIII Overseas Private Investment Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399) LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399)

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LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) LXXXVI National Credit Union Administration (Parts 9600—9699) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCVII Council of the Inspectors General on Integrity and Efficiency (Parts 9800—9899) XCIX Military Compensation and Retirement Modernization Commis- sion (Parts 9900—9999)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—99) X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599)

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XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

Title 8—Aliens and Nationality

I Department of Homeland Security (Immigration and Naturaliza- tion) (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199)

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II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XIII Nuclear Waste Technical Review Board (Parts 1300—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

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I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—1199) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399)

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I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599)

Title 20—Employees’ Benefits

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Office of Workers’ Compensation Programs, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 1000—1099)

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I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Millennium Challenge Corporation (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

Title 23—Highways

I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199)

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II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

Title 25—Indians

I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799)

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V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— End)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100— 1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999)

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X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) V Bureau of Ocean Energy Management, Department of the Inte- rior (Parts 500—599) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

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SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVII Office of the Director of National Intelligence (Parts 1700—1799) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799)[Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION

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XI National Institute for Literacy (Parts 1100—1199) XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VI [Reserved] VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Parts 1500—1599) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II U.S. Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 300—399) IV Assistant Secretary for Technology Policy, Department of Com- merce (Parts 400—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—199) II Armed Forces Retirement Home (Parts 200—299)

Title 39—Postal Service

I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099)

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IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800—1899)

Title 41—Public Contracts and Property Management

SUBTITLE A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

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I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—599) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 400— 999) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199)

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XII Corporation for National and Community Service (Parts 1200— 1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999)

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10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199)

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II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation (Parts 1400—1499) [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

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CFR Title, Subtitle or Agency Chapter Administrative Committee of the Federal Register 1, I Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV Afghanistan Reconstruction, Special Inspector General for 22, LXXXIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII, L Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV, L Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII, L Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII

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2009 2013 50 CFR 74 FR 50 CFR 78 FR Page Page Chapter I Chapter I 13.11 (d)(4) table amended; eff. 11– 2.2 Revised ...... 35151 10–09 ...... 46875 10 Authority citation revised...... 35151 13.12 (b) table amended; eff. 11–10– 10.13 Revised ...... 65850 09...... 46876 10.22 Revised ...... 35151 13.11 (b)(5) revised...... 35152 (d)(4) table revised...... 73723 2010 13.24 (c) revised...... 73725 50 CFR 75 FR 13.25 (b) revised; (f) added ...... 73725 Page 15 Authority citation revised...... 35152 Chapter I 10.13 Revised ...... 9299 2014 (Regulations published from January 1, 2011 2014, through October 1, 2014) 50 CFR 76 FR 50 CFR 79 FR Page Page Chapter I Chapter I Chapter I Policy statement ...... 37578 16 Authority citation revised...... 15858 2 Heading revised...... 43963 16.13 (a)(2)(i), (ii), (iii) and 2.1 Revised ...... 43963 (iv)(BB) amended; (a)(2)(v) and 2.2 Heading and introductory (vi) removed; new (a)(2)(v) text revised ...... 43963 added...... 15858 10.22 (b) revised...... 43964 13.3 Amended...... 30417 2012 13.11 (b)(3) and (d)(4) table amended ...... 30417 50 CFR 77 FR (b)(3) amended...... 43964 Page 13.12 (b) introductory text re- Chapter I vised; table amended...... 30417 14.94 (k)(4) added; interim ...... 65326 14.3 Amended...... 43964 16.15 (a) revised ...... 3366 14.106 (a) amended...... 43964

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50 CFR—Continued 79 FR 50 CFR—Continued 79 FR Page Page Chapter I—Continued Chapter I—Continued 15.4 (b) amended...... 43964 16.13 (f) revised ...... 43964 15.21 (c) amended ...... 43964 16.22 (a) and (d) amended ...... 43964 Æ

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