Title 50—Wildlife and Fisheries

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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 ...... 34 13 General permit procedures ...... 44 14 Importation, exportation, and transportation of wildlife ...... 57 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 to Chief, Office of Law Enforce- ment, at the address provided at 50 (b) Any resident or official of a for- CFR 2.1(b). eign country may contact the Service’s (b) Mail sent to the Director regard- Headquarters Office of Law Enforce- ing permits for the Convention on ment at the address provided at 50 CFR International Trade in Endangered 2.1(b) or by telephone at 703–358–1949. Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird [78 FR 35151, June 12, 2013, as amended at 79 Conservation Act species, international FR 43964, July 29, 2014] movement of all ESA-listed endangered or threatened species, and scientific re- PART 11—CIVIL PROCEDURES search on, exhibition of, or interstate commerce in nonnative ESA-listed en- Subpart A—Introduction dangered and threatened species should be addressed to: Director, U.S. Fish and Sec. Wildlife Service, (Attention: Division 11.1 Purpose of regulations. of Management Authority), at the ad- 11.2 Scope of regulations. 11.3 Filing of documents. dress provided for the Division of Man- agement Authority at 50 CFR 2.1(b). Subpart B—Assessment Procedure Address mail for the following permits to the Regional Director. In the ad- 11.11 Notice of violation. dress include one of the following: for 11.12 Petition for relief. import/export licenses and exception to 11.13 Decision by the Director. designated port permits (Attention: 11.14 Notice of assessment. Import/export license); for native en- 11.15 Request for a hearing. dangered and threatened species (At- 11.16 Final administrative decision. tention: Endangered/threatened species 11.17 Payment of final assessment. permit); and for migratory birds and eagles (Attention: Migratory bird per- Subpart C—Hearing and Appeal mit office). You can find addresses for Procedures regional offices at 50 CFR 2.2. 11.21 Commencement of hearing procedures. [55 FR 48851, Nov. 23, 1990, as amended at 63 11.22 Appearance and practice. FR 52633, Oct. 1, 1998; 80 FR 26467, May 8, 11.23 Hearings. 2015] 11.24 Final administrative action. 11.25 Appeal. § 10.22 Law enforcement offices. 11.26 Reporting service. (a) Service law enforcement offices Subpart D—Civil Monetary Penalty Inflation are located in Service regional offices. Adjustments Regional office addresses are provided at 50 CFR 2.2. Mail should be addressed 11.31 Definitions. to ‘‘Special Agent in Charge, Office of 11.32 Purpose and scope. Law Enforcement, U.S. Fish and Wild- 11.33 Adjustments to penalties. life Service’’ at the appropriate re- 11.34 Subsequent adjustments. gional office address. Telephone num- AUTHORITY: 16 U.S.C. 470aa–470mm, 470aaa– bers for Service law enforcement of- 470aaa–11, 668–668d, 1361–1384, 1401–1407, 1531– fices follow: 1544, 3371–3378, 4201–4245, 4901–4916, 5201–5207, 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; Law enforcement Region office telephone and Sec. 107, Pub. L. 114–74, 129 Stat. 599, un- number less otherwise noted.

1 ...... 503–231–6125 SOURCE: 39 FR 1159, Jan. 4, 1974, unless oth- 2 ...... 505–248–7889 erwise noted. 3 ...... 612–713–5320 4 ...... 404–679–7057 EDITORIAL NOTE: Nomenclature changes to 5 ...... 413–253–8274 part 11 appear at 67 FR 38208, June 3, 2002.

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Subpart A—Introduction pers, the Director may permit a late filing within a fixed period where rea- § 11.1 Purpose of regulations. sonable grounds are found for an in- The regulations contained in this ability or failure to file within the part provide uniform rules and proce- time period required. All such exten- dures for the assessment of civil pen- sions shall be in writing. Except as pro- alties in connection with violations of vided in this subsection, no other re- certain laws and regulations enforced quests for an extension of time may be by the Service. granted. § 11.2 Scope of regulations. Subpart B—Assessment Procedure The regulations contained in this part apply only to actions arising § 11.11 Notice of violation. under the following laws and regula- (a) A notice of violation (hereinafter tions issued thereunder: ‘‘notice’’), shall be issued by the Direc- (a) Lacey Act, 18 U.S.C. 42–43; tor and served personally or by reg- (b) Lacey Act Amendments of 1981, 16 istered or certified mail, return receipt U.S.C. 3371 et seq.; requested, upon the person believed to (c) Bald and Golden Eagle Protection be subject to a civil penalty (the re- Act, 16 U.S.C. 668–668d; spondent). The notice shall contain: (1) (d) Endangered Species Act of 1973, 16 A concise statement of the facts be- U.S.C. 1531 et seq.; lieved to show a violation, (2) a specific (e) Marine Mammal Protection Act reference to the provisions of the stat- of 1972, 16 U.S.C. 1361 et seq.; ute or regulation allegedly violated, (f) African Elephant Conservation and (3) the amount of penalty proposed Act, 16 U.S.C. 4201 et seq.; to be assessed. The notice may also (g) Rhinoceros and Tiger Conserva- contain an initial proposal for com- tion Act, 16 U.S.C. 5301 et seq.; promise or settlement of the case. The (h) Archaeological Resources Protec- notice shall also advise the respondent tion Act, 16 U.S.C. 470aa et seq.; of his right to file a petition for relief (i) Paleontological Resources Protec- pursuant to § 11.12, or to await the Di- tion Act, 16 U.S.C. 470aaa et seq.; rector’s notice of assessment. (j) The Native American Graves Pro- (b) The respondent shall have 45 days tection and Repatriation Act, 25 U.S.C. from the date of the notice of violation 3001 et seq.; in which to respond. During this time (k) Recreational Hunting Safety Act he may: of 1994, 16 U.S.C. 5201 et seq.; and (1) Undertake informal discussions (l) Wild Bird Conservation Act, 16 with the Director; U.S.C. 4901 et seq. (2) Accept the proposed penalty, or [81 FR 41865, June 28, 2016] the compromise, if any, offered in the notice; § 11.3 Filing of documents. (3) File a petition for relief; or (a) Whenever a document or other (4) Take no action, and await the Di- paper is required to be filed under this rector’s decision, pursuant to § 11.13. part within a certain time, such docu- (c) Acceptance of the proposed pen- ment or paper will be considered filed alty or the compromise shall be as of the date of the postmark if deemed to be a waiver of the notice ef mailed, or the date actually delivered assessment required by § 11.14, and of to the office where filing is required. the opportunity for a hearing. Any The time periods set forth in this part counter offer of settlement shall be shall begin to run as of the day fol- deemed a rejection of the proposed lowing the date of the document or offer of compromise. other paper. (b) If an oral or written application is § 11.12 Petition for relief. made to the Director up to 10 calendar If the respondent so chooses he may days after the expiration of a time pe- ask that no penalty be assessed or that riod established in this part for the re- the amount be reduced, and he may quired filing of documents or other pa- admit or contest the legal sufficiency

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of the charge and the Director’s allega- 45th calendar day from the date of the tions of facts, by filing a petition for notice of assessment. relief (hereinafter ‘‘petition’’) with the (b) If a request for a hearing is timely Director at the address specified in the filed in accordance with § 11.15, the date notice within 45 days of the date thereof the final administrative decision in of. The petition shall be in writing and the matter shall be as provided in sub- signed by the respondent. If the re- part C of this part. spondent is a corporation, the petition must be signed by an officer authorized § 11.17 Payment of final assessment. to sign such documents. It must set When a final administrative decision forth in full the legal or other reasons becomes effective in accordance with for the relief. this part 11, the respondent shall have 20 calendar days from the date of the § 11.13 Decision by the Director. final administrative decision within Upon expiration of the period re- which to make full payment of the pen- quired or granted for filing of a peti- alty assessed. Payment will be timely tion for relief, the Director shall pro- only if received in Office of the Direc- ceed to make an assessment of a civil tor during normal business hours, on or penalty, taking into consideration in- before the 20th day. Upon a failure to formation available to him and such pay the penalty, the Solicitor of the showing as may have been made by the Department may request the Attorney respondent, either pursuant to § 11.11 or General to institute a civil action in § 11.12, or upon further request of the the U.S. District Court to collect the Director. penalty. § 11.14 Notice of assessment. Subpart C—Hearing and Appeal The Director shall notify the re- Procedures spondent by a written notice of assessment, by personal service or by reg- § 11.21 Commencement of hearing procedures. istered or certified mail, return receipt requested, of his decision pursuant to Proceedings under this subpart are § 11.13. He shall set forth therein the commenced upon the timely filing with facts and conclusions upon which he the Hearings Division of a request for a decided that the violation did occur hearing, as provided in § 11.15 of sub- and appropriateness of the penalty as- part B. Upon receipt of a request for a sessed. hearing, the Hearings Division will assign an administrative law judge to the § 11.15 Request for a hearing. case. Notice of assignment will be Except where a right to request a given promptly to the parties, and hearing is deemed to have been waived thereafter, all pleadings, papers, and other documents in the proceeding as provided in § 11.11, the respondent shall be filed directly with the admin- may, within 45 calendar days from the istrative law judge, with copies served date of the notice of assessment re- on the opposing party. ferred to in § 11.14, file a dated, written request for a hearing with the Depart- § 11.22 Appearance and practice. mental Cases Hearings Division, Office of Hearings and Appeals, U.S. Depart- (a) Subject to the provisions of 43 ment of the Interior, 351 South West CFR 1.3, the respondent may appear in Temple, Suite 6.300, Salt Lake City, person, by representative, or by coun- Utah 84101. sel, and may participate fully in these proceedings. [81 FR 41865, June 28, 2016] (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

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and correspondence exchanged by the Appeals, shall appoint an ad hoc ap- Director and the respondent pursuant peals board to determine whether an to subpart B of this part, which shall appeal should be granted, and to hear become part of the hearing record. and decide an appeal. To the extent Thereinafter, service upon the Director they are not inconsistent herewith, the 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 [39 FR 1159, Jan. 4, 1974, as amended at 81 FR record made at the hearing. Copies of 41865, June 28, 2016] the transcript may be inspected or copied. § 11.26 Reporting service. (b) The transcript of testimony, the Copies of decisions in civil penalty exhibits, and all papers, documents, proceedings instituted under statutes and requests filed in the proceedings, referred to in subpart A of this part shall constitute the record for decision. and rendered subsequent to June 3, The judge will render a written deci- 1970, may be obtained by letter of re- sion upon the record, which shall set quest addressed to the Director, Office forth his findings of fact and conclu- of Hearings and Appeals, U.S. Depart- sions of law, and the reasons and basis ment of the Interior, 351 South West therefor, and an assessment of a pen- Temple, Suite 6.300, Salt Lake City, alty, if any. Utah 84101. Fees for this service shall be as established by the Director of § 11.24 Final administrative action. that Office. Unless a notice of request for an appeal is filed in accordance with § 11.25 [81 FR 41865, June 28, 2016] of this subpart C, the administrative law judge’s decision shall constitute Subpart D—Civil Monetary Penalty the final administrative determination Inflation Adjustments of the Secretary in the matter and shall become effective 30 calendar days SOURCE: 81 FR 41865, June 28, 2016, unless from the date of the decision. otherwise noted.

§ 11.25 Appeal. § 11.31 Definitions. (a) Either the respondent or the Di- (a) Civil monetary penalty means any rector may seek an appeal from the de- penalty, fine, or other sanction that: cision of an administrative law judge (1)(i) Is for a specific monetary rendered subsequent to January 1, 1974, amount as provided by Federal law; or by the filing of a ‘‘Notice of Request (ii) Has a maximum amount provided for Appeal’’ with the Director, Office of for by Federal law; Hearings and Appeals, U.S. Department (2) Is assessed or enforced by an agen- of the Interior, 351 South West Temple, cy pursuant to Federal law; and Suite 6.300, Salt Lake City, Utah 84101, (3) Is assessed or enforced pursuant within 30 calendar days of the date of to an administrative proceeding or a the administrative law judge’s deci- civil action in the Federal courts. sion. Such notice shall be accompanied (b) Inflation Adjustment Act means the by proof of service on the administra- Federal Civil Penalties Inflation Ad- tive law judge and the opposing party. justment Act Improvements Act of 2015 (b) Upon receipt of such a request, (Pub. L. 114–74, November 2, 2015, 129 the Director, Office of Hearings and Stat. 584, 28 U.S.C. 2461 note).

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§ 11.32 Purpose and scope. diction of the U.S. Fish and Wildlife Service. The purpose of this part is to make the inflation adjustment, described in § 11.33 Adjustments to penalties. and required by the Inflation Adjust- The civil monetary penalties pro- ment Act, of each civil monetary pen- vided by law within the jurisdiction of alty provided by law within the juris- the U.S. Fish and Wildlife Service are adjusted as follows:

Maximum civil Law Citation Type of violation monetary penalty

(a) African Elephant Conservation 16 U.S.C. 4224(b) ...... Any violation ...... $9,893 Act. (b) Bald and Golden Eagle Protec- 16 U.S.C. 668(b) ...... Any violation ...... 12,500 tion Act. (c) Endangered Species Act of 16 U.S.C. 1540(a)(1) ...... (1) Knowing violation of section 49,467 1973. 1538. (2) Other knowing violation ...... 23,744 (3) Any other violation ...... 1,250 (d) Lacey Act Amendments of 1981 16 U.S.C. 3373(a) ...... (1) Violations referred to in 16 25,000 U.S.C. 3373(a)(1). (2) Violations referred to in 16 625 U.S.C. 3373(a)(2). (e) Marine Mammal Protection Act 16 U.S.C. 1375 ...... Any violation ...... 25,000 of 1972. (f) Recreational Hunting Safety Act 16 U.S.C. 5202(b) ...... (1) Violation involving use of force 15,909 of 1994. or violence or threatened use of force or violence. (2) Any other violation ...... 7,954 (g) Rhinoceros and Tiger Con- 16 U.S.C. 5305a(b)(2) ...... Any violation ...... 17,403 servation Act of 1998. (h) Wild Bird Conservation Act ...... 16 U.S.C. 4912(a)(1) ...... (1) Violation of section 4910(a)(1), 41,932 section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 4910(a)(3) 20,127 (3) Any other violation ...... 839

§ 11.34 Subsequent adjustments. Subpart B—Preliminary Requirements The Secretary of the Interior or his 12.11 Notification of seizure. or her designee will, every year after 12.12 Appraisement. August 1, 2016, make the inflation adjustment described in and required by Subpart C—Forfeiture Proceedings the Inflation Adjustment Act of each 12.21 Criminal prosecutions. civil monetary penalty provided by law 12.22 Civil actions to obtain forfeiture. and within the jurisdiction of the U.S. 12.23 Administrative forfeiture proceedings. Fish and Wildlife Service. Each annual 12.24 Petition for remission of forfeiture. adjustment will be reflected in the 12.25 Transfers in settlement of civil penalty claims. table in § 11.33. Subpart D—Disposal of Forfeited or PART 12—SEIZURE AND FORFEITURE Abandoned Property PROCEDURES 12.30 Purpose. 12.31 Accountability. Subpart A—General Provisions 12.32 Effect of prior illegality. 12.33 Disposal. Sec. 12.34 Return to the wild. 12.1 Purpose of regulations. 12.35 Use by the Service or transfer to an- 12.2 Scope of regulations. other government agency for official use. 12.3 Definitions. 12.36 Donation or loan. 12.4 Filing of documents. 12.37 Sale. 12.5 Seizure by other agencies. 12.38 Destruction. 12.39 Information on property available for 12.6 Bonded release. disposal.

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Subpart E—Restoration of Proceeds and (i) The Lacey Act, 18 U.S.C. 43–44. Recovery of Storage Costs (j) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq. 12.41 Petition for restoration of proceeds. 12.42 Recovery of certain storage costs. [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 FR 56860, Dec. 21, Subpart F—Return of Property 1982] 12.51 Return procedure. § 12.3 Definitions. AUTHORITY: Act of September 6, 1966, 5 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, 18 U.S.C. 43, 44; Lacey Act Amendments of (3) Domestic value means the price at 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. Except as hereinafter provided, the [45 FR 17864, Mar. 19, 1980, as amended at 47 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) The Eagle Protection Act, 16 (a) Whenever any document is re- U.S.C. 668 et seq.; quired by this part to be filed or served (b) The National Wildlife Refuge Sys- within a certain period of time, such tem Administration Act, 16 U.S.C. document will be considered filed or 668dd et seq.; served as of the date of receipt by the (c) The Migratory Bird Treaty Act, 16 party with or upon whom filing or serv- U.S.C. 703 et seq.; ice is required. The time periods estab- (d) The Migratory Bird Hunting lished by this part shall begin to run Stamp Act, 16 U.S.C. 718 et seq.; on the day following the date of filing (e) The Airborne Hunting Act, 16 or service. U.S.C. 742j–1; (b) If an oral or written application is (f) The Black Bass Act, 16 U.S.C. 851 made before the expiration of a time et seq.; period established by this part, an ex- (g) The Marine Mammal Protection tension of such period for a fixed num- Act, 16 U.S.C. 1361 et seq.; ber of days may be granted where there (h) The Endangered Species Act, 16 are reasonable grounds for the failure U.S.C. 1531 et seq.; and to file or serve the document within

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the period required. Any such exten- a notification of seizure by registered sion shall be in writing. Except as pro- or certified mail, return receipt re- vided in this paragraph, no other requested, to the owner or consignee, if quests for an extension shall be grant- known or easily ascertainable. Such ed. notification shall describe the seized wildlife or other property, and shall § 12.5 Seizure by other agencies. state the time, place, and reason for Any authorized employee or officer of the seizure. any other Federal agency who has seized any wildlife or other property § 12.12 Appraisement. under any of the laws listed in § 12.2 The Service shall determine the will, if so requested, deliver such sei- value of any cargo, of a vessel or other zure to the appropriate Special Agent conveyance employed in unlawful tak- in Charge designated in § 10.22 of this ing, seized under the Marine Mammal title, or to an authorized designee, who Protection Act, 16 U.S.C. 1361 et seq., shall either hold such seized wildlife or and the value of any property seized other property or arrange for its proper under the Endangered Species Act, 16 handling and care. U.S.C. 1531 et seq.; Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne § 12.6 Bonded release. Hunting Act, 16 U.S.C. 742j–1, et seq.; or (a) Subject to the conditions set the Lacey Act Amendments of 1981, 16 forth in paragraphs (b) and (c) of this U.S.C. 3371 et seq. If the seized property section, and to such additional condi- may lawfully be sold in the United tions as may be appropriate, the Serv- States, its domestic value shall be de- ice, in its discretion, may accept an ap- termined in accordance with § 12.3. If pearance bond or other security (in- the seized property may not lawfully cluding, but not limited to, payment of be sold in the United States, its value the value as determined under § 12.12) shall be determined by other reason- in place of any property seized under able means. the Endangered Species Act, 16 U.S.C. [47 FR 56860, Dec. 21, 1982] 1531 et seq.; Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act Amendments of Subpart C—Forfeiture Proceedings 1981, 16 U.S.C. 3371 et seq.; Airborne § 12.21 Criminal prosecutions. Hunting Act, 16 U.S.C. 742j–1; or Eagle Protection Act, 16 U.S.C. 668 et seq. If property is subject to criminal for- (b) Property may be released under feiture, such forfeiture will be obtained this section only to the owner or con- in accordance with the Federal Rules of signee. Criminal Procedure. (c) Property may be released under § 12.22 Civil actions to obtain for- this section only if possession thereof feiture. will not violate or frustrate the purpose or policy of any applicable law or The Solicitor may request the Attor- regulation. ney General to file a civil action to obtain forfeiture of any property subject [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May to forfeiture under the Airborne Hunt- 14, 1980, as amended at 47 FR 56860, Dec. 21, ing Act, 16 U.S.C. 742j–1; Lacey Act, 18 1982] U.S.C. 43–44; Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Black Bass Subpart B—Preliminary Act, 16 U.S.C. 851 et seq.; Marine Mam- Requirements mal Protection Act, 16 U.S.C. 1361 et seq.; Migratory Bird Treaty Act, 16 § 12.11 Notification of seizure. U.S.C. 703 et seq.; Migratory Bird Hunt- Except where the owner or consignee ing Stamp Act, 16 U.S.C. 718 et seq.; is personally notified or seizure is Eagle Protection Act, 16 U.S.C. 668 et made pursuant to a search warrant, the seq.; or Endangered Species Act, 16 Service shall, as soon as practicable U.S.C. 1531 et seq. Before any such ac- following the seizure or other receipt of tion is filed against property subject to seized wildlife or other property, mail forfeiture under the Lacey Act, 18

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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 as- The notice shall state the time and sessed in accordance with the statute place of seizure, as well as the reason and applicable regulations, and no such therefor, and shall specify the value of action may be filed more than 30 days the property as determined under after the conclusion of civil penalty as- § 12.12. The notice shall contain a spe- sessment proceedings. cific 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 project to forfeiture. The notice shall ceedings. 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 property will be declared forfeited to any fish, wildlife or plant subject to the United States and disposed of ac- forfeiture under the Lacey Act Amend- cording to law. The notice shall also ments of 1981, 16 U.S.C. 3371 et seq., is advise interested persons of their right determined under § 12.12 to have a value to file a petition for remission of for- not greater than $100,000, the Solicitor feiture in accordance with § 12.24. may obtain forfeiture of such property (2) Filing a claim and bond. Upon in accordance with this section. issuance of the notice of proposed for- (b) Procedure—(1) Notice of proposed feiture, any person claiming the seized forfeiture. As soon as practicable fol- property may file with the Solicitor’s lowing seizure, the Solicitor shall issue office indicated in the notice a claim to a notice of proposed forfeiture. the property and a bond in the penal (A) Publication. The notice shall be sum of $5,000, or ten per centum of the published once a week for at least value of the claimed property, which- three successive weeks in a newspaper ever is lower, but not less than $250. of general circulation in the locality Any claim and bond must be received where the property was seized. If the in such office within 30 days after the value of the seized property as deter- date of first publication or posting of mined under § 12.12 does not exceed the notice of proposed forfeiture. The $1000, the notice may be published by claim shall state the claimant’s inter- posting, instead of newspaper publica- est in the property. The bond filed with tion, for at least three successive the claim shall be on a United States weeks in a conspicuous place accessible Customs Form 4615 or on a similar to the public at the Service’s enforce- form provided by the Department. ment office, the U.S. District Court or There shall be endorsed on the bond a the U.S. Customhouse nearest the list or schedule in substantially the place of seizure. In cases of posting, the following form which shall be signed by date of initial posting shall be indi- the claimant in the presence of the wit- cated on the notice. In addition to nesses to the bond, and attested by the newspaper publication or posting, a witnesses: reasonable effort shall be made to List or schedule containing a particular serve the notice personally or by reg- description of seized article, claim for which istered or certified mail, return receipt is covered by the within bond, to wit: requested, on each person whose where- llllllllllllllllllllllll abouts and interest in the seized prop- llllllllllllllllllllllll erty are known or easily ascertainable. The foregoing list is correct. (B) Contents. The notice shall be in Claimant llllllllll substantially the same form as a com- Attest: llllllllll

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The claim and bond referred to in this Solicitor’s Office denial or termination paragraph shall not entitle the claim- order. Failure to file the claim and ant or any other person to possession bond within 30 days will result in sum- of the property. mary foreiture under paragraph (c) of (3) Transmittal to Attorney General. As this section. soon as practicable after timely receipt (c) Summary forfeiture. If a proper 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 anticipated, reasonable storage costs as- [45 FR 17864, Mar. 19, 1980, as amended at 46 sociated with the granting of a stay, FR 44759, Sept. 8, 1981; 47 FR 56860, Dec. 21, the Regional or Field Solicitor as ap- 1982; 50 FR 6350, Feb. 15, 1985] propriate may, in his discretion, grant the motion for stay and specify reason- § 12.24 Petition for remission of for- able and prudent conditions therefor, feiture. including but not limited to the dura- (a) Any person who has an interest in tion of the stay, a description of the cargo, of a vessel or other conveyance factors which would automatically ter- employed in unlawful taking, subject minate the stay, and any requirement to forfeiture under the Marine Mam- for a bond (including amount) to secure mal Protection Act, 16 U.S.C. 1361 et the payment of storage and other seq., or any person who has an interest maintenance costs. If a motion for stay in any property subject to forfeiture is denied, or if a stay is terminated for under the Endangered Species Act, 16 any reason, the claimant must file, if U.S.C. 1531 et seq.; Eagle Protection he or she has not already done so, a Act, 16 U.S.C. 668 et seq.; Airborne claim and bond in accordance with Hunting Act, 16 U.S.C. 742j–1; or the paragraph (b)(2) of this section not Lacey Act Amendments of 1981, 16 later than 30 days after receipt of the U.S.C. 3371 et seq., or any person who

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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 employee, or attorney at law, and the [47 FR 56861, Dec. 21, 1982] 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. discontinuance of any proceeding under (b) The date and place of the item’s § 12.23 seizure (if any) and forfeiture or aban- (g) If the Solicitor decides that relief donment. should not be granted, the Solicitor (c) The investigative case file number shall so notify the petitioner in writ- with which the item was associated. ing, stating in the notification the rea- (d) The name of any person known to sons for denying relief. The petitioner have or to have had an interest in the may then file a supplemental petition, item. but no supplemental petition shall be (e) The date, place, and manner of considered unless it is received within the item’s initial disposal.

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(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: (1) Any live wildlife or plant and any § 12.32 Effect of prior illegality. 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 reg- (2) All other property may be dis- ulations of the United States or any posed of no sooner than 60 days after State, including any applicable con- forfeiture or abandonment. servation, health, quarantine, agricul- (d) If the property is the subject of a tural, or Customs laws or regulations petition for remission of forfeiture remain in effect as to the conduct of under § 12.24 of this part, the Director such holder. may not dispose of the property until § 12.33 Disposal. the Solicitor or Attorney General makes a final decision not to grant re- (a) The Director shall dispose of any lief. wildlife or plant forfeited or abandoned 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: in accordance with current Federal (1) The country of export (if known) Property Management Regulations (41 after consultation with and at the ex- CFR chapter 101) and Interior Property pense of the country of export, or Management Regulations (41 CFR (2) A country within the historic chapter 114), unless the item is the sub- range of the species which is party to ject of a petition for remission of for- the Convention on International Trade feiture under § 12.24 of this part, or dis- in Endangered Species of Wild Fauna posed of by court order. and Flora (TIAS 8249) after consulta- (c) The Director shall dispose of prop- tion with and at the expense of such erty according to the following sched- country.

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§ 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; (5) Enhancing the propagation or sur- period specified in the transfer docu- vival of a species or other scientific ment within which the donee may not purposes; retransfer the donation without the (6) Presenting as evidence in a legal prior authorization of the Director en- proceeding involving the wildlife or titles the Director to immediate repos- plant; or session of the wildlife or plants; (7) Returning to the wild in accord- (7) Any attempt by a borrower to re- ance with § 12.34 of this part. transfer the loan without the prior au- (b) Each transfer and the terms of thorization of the Director entitles the the transfer must be documented. Director to immediate repossession of (c) The agency receiving the wildlife the wildlife or plants; or plants may be required to bear all (8) Subject to applicable limitations costs of care, storage, and transpor- of law, duly authorized Service officers tation in connection with the transfer at all reasonable times shall, upon no- from the date of seizure to the date of tice, be afforded access to the place delivery. where the donation or loan is kept and an opportunity to inspect it; § 12.36 Donation or loan. (9) Any donation is subject to condi- (a) Except as otherwise provided in tions specified in the transfer docu- this section, wildlife and plants may be ment, the violation of which causes the donated or loaned for scientific, edu- property to revert to the United cational, or public display purposes to States; any person who demonstrates the abil- (10) Any loan is for an indefinite pe- ity to provide adequate care and secu- riod of time unless a date on which the rity for the item. loan must be returned to the Service is (b) Any donation or loan may be stated on the transfer document; and made only after execution of a transfer (11) Any loan remains the property of document between the Director and the the United States, and the Director donee/borrower, which is subject to the following conditions: may demand its return at any time. (1) The purpose for which the wildlife (c) Wildlife and plants may be do- or plants are to be used must be stated nated to individual American Indians on the transfer document; for the practice of traditional Amer- (2) Any attempt by the donee/bor- ican Indian religions. Any donation of rower to use the donation or loan for the parts of bald or golden eagles to any other purpose except that stated American Indians may only be made to on the transfer document entitles the individuals authorized by permit issued Director to immediate repossession of in accordance with § 22.22 of this title the wildlife or plants; to possess such items. (3) The donee/borrower must pay all (d) Edible wildlife, fit for human con- costs associated with the transfer, in- sumption, may be donated to a non-

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profit, tax-exempt charitable organiza- regulations of the United States or any tion for use as food, but not for barter State, including any applicable con- or sale. servation, health, quarantine, agricul- (e) Wildlife and plants may be loaned tural, or Customs laws or regulations, to government agencies (including for- except as provided by § 12.32 of this eign agencies) for official use. Each part. transfer and the terms of the transfer (e) The Director may use the pro- must be documented. ceeds of sale to reimburse the Service for any costs which by law the Service § 12.37 Sale. 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 available for disposal. Species of Wild Fauna and Flora; (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 (c) Wildlife or plants which may not U.S.C. 1361 et seq., and sold according to be possessed lawfully by purchasers law, may file with the Solicitor or, under the laws of the State where held where forfeiture proceedings have been may be moved to a State where posses- brought in U.S. District Court, the At- sion is lawful and may be sold. torney General, a petition for restora- (d) Wildlife or plants purchased at tion of proceeds. sale are subject to the prohibitions, re- (b) A petition filed with the Solicitor strictions, conditions, or requirements need not be in any particular form, but which apply to a particular species of it must be received within three wildlife or plant imposed by the laws or months after the date of sale of the

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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 con- may then file a supplemental petition, tracts, bills of sale, invoices, security but no supplemental petition shall be interests, certificates of title, and considered unless it is received within other satisfactory evidence; 60 days from the date of the Solicitor’s (4) A request for restoration of the notification denying the original peti- proceeds or such part thereof as is tion. claimed by the petitioner; and (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. Amendments of 1981, 16 U.S.C. 3371, et (d) A false statement in the petition seq., any person convicted thereof, or may subject the petitioner to prosecu- assessed a civil penalty therefor, may tion under title 18, U.S. Code, section be assessed a reasonable fee for ex- 1001. penses of the United States connected (e) Upon receiving the petition, the with the storage, care and maintenance Solicitor shall decide whether or not to of such property. Within a reasonable grant relief. In making a decision, the time after forfeiture, the Service shall Solicitor shall consider the informa- send to such person by registered or tion submitted by the petitioner, as 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 order the proceeds or any part thereof on which he received the bill, file writ- restored to the petitioner, after deduct- ten objections with the Regional Direc- ing from such proceeds the costs of sei- tor of the Fish and Wildlife Service for zure, storage, forfeiture and disposi- the Region in which the seizure oc- tion, the duties, if any, accruing on the curred. Upon receipt of the written ob- seized property, and any sum due on a jections, the appropriate Regional Di- lien for freight, charges, or contribu- rector will promptly review them and tion in general average, notice of which within 30 days mail his final decision has been filed with the Solicitor ac- to the party who filed objections. In all cording to law. cases, the Regional Director’s decision

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shall constitute final administrative 13.42 Permits are specific. action on the matter. 13.43 Alteration of permits. 13.44 Display of permit. [47 FR 56861, Dec. 21, 1982] 13.45 Filing of reports. 13.46 Maintenance of records. Subpart F—Return of Property 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. § 12.51 Return procedure. 13.49 Surrender of permit. 13.50 Acceptance of liability. If, at the conclusion of the appro- AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, priate proceedings, seized property is 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901– to be returned to the owner or con- 4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. signee, the Solicitor or Service shall 9701. issue a letter or other document au- SOURCE: 39 FR 1161, Jan. 4, 1974, unless oth- thorizing its return. This letter or erwise noted. other document shall be delivered personally or sent by registered or certified mail, return receipt requested, Subpart A—Introduction and shall identify the owner or con- § 13.1 General. signee, the seized property, and, if appropriate, the bailee of the seized prop- (a) A person must obtain a valid per- erty. It shall also provide that upon mit before commencing an activity for presentation of the letter or other doc- which a permit is required by this sub- ument and proper identification, and chapter, except as provided in § 23.53 of the signing of a receipt provided by the this subchapter for retrospective per- Service, the seized property is author- mits for certain CITES shipments ized to be released, provided it is prop- under very specific situations. erly marked in accordance with appli- (b) A person must apply for such a cable State or Federal requirements. permit under the general permit procedures of this part and any other regulations in this subchapter that apply to PART 13—GENERAL PERMIT the proposed activity. PROCEDURES (1) The requirements of all applicable parts of this subchapter must be met. Subpart A—Introduction (2) A person may submit one applica- Sec. tion that includes the information re- 13.1 General. quired in each part of this subchapter, 13.2 Purpose of regulations. and a single permit will be issued if ap- 13.3 Scope of regulations. propriate. 13.4 Emergency variation from requirements. [72 FR 48445, Aug. 23, 2007] 13.5 Information collection requirements. § 13.2 Purpose of regulations. Subpart B—Application for Permits The regulations contained in this 13.11 Application procedures. part provide uniform rules, conditions, 13.12 General information requirements on and procedures for the application for applications for permits. and the issuance, denial, suspension, revocation, and general administration Subpart C—Permit Administration of all permits issued pursuant to this 13.21 Issuance of permits. subchapter B. 13.22 Renewal of permits. [54 FR 38147, Sept. 14, 1989] 13.23 Amendment of permits. 13.24 Right of succession by certain persons. § 13.3 Scope of regulations. 13.25 Transfer of permits and scope of permit authorization. The provisions in this part are in ad- 13.26 Discontinuance of permit activity. dition to, and are not in lieu of, other 13.27 Permit suspension. permit regulations of this subchapter 13.28 Permit revocation. and apply to all permits issued there- 13.29 Review procedures. under, including ‘‘Importation, Expor- tation and Transportation of Wildlife’’ Subpart D—Conditions (part 14), ‘‘Wild Bird Conservation Act’’ 13.41 Humane conditions. (part 15), ‘‘Injurious Wildlife’’ (part 16),

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‘‘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. tion statutes and regulations, on the (3) You may obtain applications for issuance, suspension, revocation, or de- Wild Bird Conservation Act permits (50 nial permits. You must respond to ob- CFR part 15); injurious wildlife permits tain or retain a permit. (50 CFR part 16); captive-bred wildlife (b) We estimate the public reporting registrations (50 CFR part 17); permits burden for these reporting require- authorizing import, export, or foreign ments to vary from 15 minutes to 4 commerce of endangered and threat- hours per response, with an average of ened species, and interstate commerce 0.803 hours per response, including time of nonnative endangered or threatened for reviewing instructions, gathering species (50 CFR part 17); marine mam- and maintaining data, and completing mal permits (50 CFR part 18); and per- and reviewing the forms. Direct com- mits and certificates for import, ex- ments regarding the burden estimate port, and re-export of species listed or any other aspect of these reporting under the Convention on International

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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- for addresses and bound- www.fws.gov, 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 the Region where the activity will take Federal agencies, and/or State or for- place. You can obtain information on eign governments. When applicable, we the lead Region via the Service’s En- may require permit applicants to pro- dangered Species Program Web page vide additional information on the pro- (http://endangered.fws.gov/wildlife.html) posal and on its environmental effects by entering the common or scientific as may be necessary to satisfy the pro- name of the listed species in the Regu- cedural requirements of NEPA. latory Profile query box. Send inter- (d) Fees. (1) Unless otherwise exempt- state commerce permit applications for ed under this paragraph (d), you must native listed species to the same Re- pay the required permit processing fee gional Office that has the lead for that at the time that you apply for issuance species. Endangered Species Act permit or amendment of a permit. You must applications for the import or export of pay in U.S. dollars. If you submit a native endangered and threatened spe- check or money order, it must be made cies may be obtained from the Division payable to the ‘‘U.S. Fish and Wildlife of Management Authority in accord- Service.’’ The Service will not refund ance with paragraph (b)(3) of this sec- any application fee under any cir- tion. cumstances if we have processed the (5) You may obtain applications for application. However, we may return bald and golden eagle permits (50 CFR the application fee if you withdraw the part 22) and migratory bird permits (50 application before we have signifi- CFR part 21), except for banding and cantly processed it. marking permits, from, and you may (2) If regulations in this subchapter submit completed applications to, the require more than one type of permit ‘‘Migratory Bird Permit Program Of- for an activity and the permits are fice’’ in the Region in which you reside. issued by the same office, the issuing

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office may issue one consolidated per- submission of all processing fees prior mit authorizing the activity in accord- to the acceptance of the application for ance with § 13.1. You may submit a sin- processing. gle application in such cases, provided (ii) As noted in paragraph (d)(4) of that the single application contains all this section. the information required by the sepa- (iii) We may waive the fee on a case- rate applications for each permitted by-case basis for extraordinary extenu- activity. Where more than one per- ating circumstances provided that the mitted activity is consolidated into issuing permit office and a Regional or one permit, the issuing office will Assistant Director approves the waiv- charge the highest single fee for the activity permitted. er. (3) Circumstances under which we (4) User fees. The following table iden- will not charge a permit application tifies specific fees for each permit ap- fee are as follows: plication or amendment to a current (i) We will not charge a permit appli- permit. If no fee is identified under the cation fee to any Federal, tribal, State, Amendment Fee column, this par- or local government agency or to any ticular permit either cannot be amend- individual or institution acting on be- ed and a new application, and applica- half of such agency. Except as other- tion fee, would need to be submitted or wise authorized or waived, if you fail to no fee will be charged for amending the submit evidence of such status with permit (please contact the issuing of- your application, we will require the 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 part 21 ...... 75. Migratory Bird Banding or Marking ...... 50 CFR part 21 ...... No fee. Migratory Bird Scientific Collecting ...... 50 CFR part 21 ...... 100 ...... 50 Migratory Bird Taxidermy ...... 50 CFR part 21 ...... 100. Waterfowl Sale and Disposal ...... 50 CFR part 21 ...... 75. Special Canada Goose ...... 50 CFR part 21 ...... No fee. Migratory Bird Special Purpose/Education ...... 50 CFR part 21 ...... 75. Migratory Bird Special Purpose/Salvage ...... 50 CFR part 21 ...... 75. Migratory Bird Special Purpose/Game Bird Propa- 50 CFR part 21 ...... 75. gation. Migratory Bird Special Purpose/Miscellaneous ...... 50 CFR part 21 ...... 100. Falconry ...... 50 CFR part 21 ...... 100. Raptor Propagation ...... 50 CFR part 21 ...... 100. Migratory Bird Rehabilitation ...... 50 CFR part 21 ...... 50. Migratory Bird Depredation ...... 50 CFR part 21 ...... 100 ...... 50 Migratory Bird Depredation/Homeowner ...... 50 CFR part 21 ...... 50.

Bald and Golden Eagle Protection Act

Eagle Scientific Collecting ...... 50 CFR part 22 ...... 100 ...... 50 Eagle Exhibition ...... 50 CFR part 22 ...... 75. Eagle Falconry ...... 50 CFR part 22 ...... 100. Eagle—Native American Religion ...... 50 CFR part 22 ...... No fee. Eagle Take permits—Depredation and Protection 50 CFR part 22 ...... 100. of Health and Safety. Golden Eagle Nest Take ...... 50 CFR part 22 ...... 100 ...... 50 Eagle Transport—Scientific or Exhibition ...... 50 CFR part 22 ...... 75. Eagle Transport—Native American Religious Pur- 50 CFR part 22 ...... No fee. poses. Eagle Take—Associated With But Not the Purpose 50 CFR part 22 ...... 500 ...... 150 of an Activity. Eagle Take—Associated With But Not the Purpose 50 CFR part 22 ...... 36,000 ...... 2,600 1,000 of an Activity—Programmatic, up to 5-year ten- ure. Eagle Take—Associated With But Not the Purpose 50 CFR part 22 ...... 1,000. of an Activity—Transfer of a programmatic permit. Eagle Nest Take ...... 50 CFR part 22 ...... 500 ...... 150 Eagle Nest Take—Programmatic ...... 50 CFR part 22 ...... 1,000 ...... 500

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

Eagle Take—Exempted under ESA ...... 50 CFR part 22 ...... No fee.

Endangered Species Act/CITES/Lacey Act

ESA Recovery ...... 50 CFR part 17 ...... 100 ...... 50 ESA Interstate Commerce ...... 50 CFR part 17 ...... 100 ...... 50 ESA Enhancement of Survival (Safe Harbor Agree- 50 CFR part 17 ...... 50 ...... 25 ment). ESA Enhancement of Survival (Candidate Con- 50 CFR part 17 ...... 50 ...... 25 servation Agreement with Assurances). ESA Incidental Take (Habitat Conservation Plan) ... 50 CFR part 17 ...... 100 ...... 50 ESA and CITES Import/Export and Foreign Com- 50 CFR part 17 ...... 100 ...... 50 merce. ESA and CITES Museum Exchange ...... 50 CFR part 17 ...... 100 ...... 50 ESA Captive-bred Wildlife Registration ...... 50 CFR part 17 ...... 200 ...... 100 —Renewal of Captive-bred Wildlife Registration ..... 50 CFR part 17 ...... 100. CITES Import (including trophies under ESA and 50 CFR parts 17, 18, 23 100 ...... 50 MMPA). CITES Export ...... 50 CFR part 23 ...... 100 ...... 50 CITES Pre-Convention ...... 50 CFR part 23 ...... 75 ...... 40 CITES Certificate of Origin ...... 50 CFR part 23 ...... 75 ...... 40 CITES Re-export ...... 50 CFR part 23 ...... 75 ...... 40 CITES Personal Effects and Pet Export/Re-export 50 CFR part 23 ...... 50. CITES Appendix II Export (native furbearers and 50 CFR part 23 ...... 100 ...... 50 alligators—excluding live animals). CITES Master File (includes files for artificial prop- 50 CFR part 23 ...... 200 ...... 100 agation, biomedical, etc., and covers import, export, and re-export documents). —Renewal of CITES Master File ...... 50 CFR part 23 ...... 100. —Single-use permits issued on Master File ...... 50 CFR part 23 ...... 5 2. CITES Annual Program File ...... 50 CFR part 23 ...... 50. —Single-use permits issued under Annual Program 50 CFR part 23 ...... 5 2. CITES replacement documents (lost, stolen, or 50 CFR part 23 ...... 50 ...... 50 damaged documents). CITES Passport for Traveling Exhibitions and Pets 50 CFR part 23 ...... 75 3. CITES/ESA Passport for Traveling Exhibitions ...... 50 CFR part 23 ...... 100 3. CITES Introduction from the Sea ...... 50 CFR part 23 ...... 100 ...... 50 CITES Participation in the Plant Rescue Center 50 CFR part 23 ...... No fee. Program. CITES Registration of Commercial Breeding Oper- 50 CFR part 23 ...... 100. ations for Appendix–I Wildlife. CITES Request for Approval of an Export Program 50 CFR part 23 ...... No fee. for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator). Import/Export License ...... 50 CFR part 14 ...... 100 ...... 50 Designated Port Exception ...... 50 CFR part 14 ...... 100 ...... 50 Injurious Wildlife Permit ...... 50 CFR part 16 ...... 100 ...... 50 —Transport Authorization for Injurious Wildlife ...... 50 CFR part 16 ...... 25.

Wild Bird Conservation Act (WBCA)

Personal Pet Import ...... 50 CFR part 15 ...... 50. WBCA Scientific Research, Zoological Breeding or 50 CFR part 15 ...... 100 ...... 50 Display, Cooperative Breeding. WBCA Approval of Cooperative Breeding Program 50 CFR part 15 ...... 200 ...... 100 —Renewal of a WBCA Cooperative Breeding Pro- 50 CFR part 15 ...... 50. gram. WBCA Approval of a Foreign Breeding Facility ...... 50 CFR part 15 ...... 250 4.

Marine Mammal Protection Act

Marine Mammal Public Display ...... 50 CFR part 18 ...... 300 ...... 150 Marine Mammal Scientific Research/Enhancement/ 50 CFR part 18 ...... 150 ...... 75 Registered Agent or Tannery. —Renewal of Marine Mammal Scientific Research/ 50 CFR part 18 ...... 75 ...... Enhancement/Registered Agent or Tannery. 1 Assessed when a permit is issued. 2 Each. 3 Per animal. 4 Per species.

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(5) We will charge a fee for sub- that is located in the United States; stantive amendments made to permits and within the time period that the permit (ii) If the applicant is an individual, is still valid. The fee is generally half the date of birth, social security num- the original fee assessed at the time ber, if available, occupation, and any that the permit is processed; see para- business, agency, organizational, or in- graph (d)(4) of this section for the exact stitutional affiliation associated with amount. Substantive amendments are the wildlife or plants to be covered by those that pertain to the purpose and the license or permit; or conditions of the permit and are not (iii) If the applicant is a business, purely administrative. Administrative corporation, public agency, or institu- changes, such as updating name and tion, the tax identification number; de- address information, are required scription of the type of business, cor- under 13.23(c), and we will not charge a poration, agency, or institution; and fee for such amendments. the name and title of the person re- (6) Except as specifically noted in sponsible for the permit (such as presi- paragraph (d)(4) of this section, a per- dent, principal officer, or director); mit renewal is an issuance of a new (2) Location where the requested per- permit, and applicants for permit re- mitted activity is to occur or be con- newal must pay the appropriate fee ducted; listed in paragraph (d)(4) of this sec- (3) Reference to the part(s) and section. tion(s) of this subchapter B as listed in (e) Abandoned or incomplete applica- paragraph (b) of this section under tions. If we receive an incomplete or which the application is made for a improperly executed application, or if permit or permits, together with any you do not submit the proper fees, the additional justification, including sup- issuing office will notify you of the de- porting documentation as required by ficiency. If you fail to supply the cor- the referenced part(s) and section(s); rect information to complete the appli- (4) If the requested permitted activ- cation or to pay the required fees with- ity involves the import or re-export of in 45 calendar days of the date of noti- wildlife or plants from or to any for- fication, we will consider the applica- eign country, and the country of ori- tion abandoned. We will not refund any gin, or the country of export or re-ex- fees for an abandoned application. port restricts the taking, possession, [70 FR 18317, Apr. 11, 2005, as amended at 72 transportation, exportation, or sale of FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, wildlife or plants, documentation as in- 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, dicated in § 14.52(c) of this subchapter Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR B; 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; (5) Certification in the following lan- 79 FR 43964, July 29, 2014; 81 FR 8002, Feb. 17, guage: 2016] I hereby certify that I have read and am fa- § 13.12 General information require- miliar with the regulations contained in ments on applications for permits. title 50, part 13, of the Code of Federal Regu- lations and the other applicable parts in sub- (a) General information required for all chapter B of chapter I of title 50, Code of applications. All applications must con- Federal Regulations, and I further certify tain the following information: that the information submitted in this appli- (1) Applicant’s full name and address cation for a permit is complete and accurate (street address, city, county, state, and to the best of my knowledge and belief. I un- zip code; and mailing address if dif- derstand that any false statement herein ferent from street address); home and may subject me to suspension or revocation work telephone numbers; and, if avail- of this permit and to the criminal penalties of 18 U.S.C. 1001. able, a fax number and e-mail address, and: (6) Desired effective date of permit (i) If the applicant resides or is lo- except where issuance date is fixed by cated outside the United States, an ad- the part under which the permit is dress in the United States, and, if con- issued; ducting commercial activities, the (7) Date; name and address of his or her agent (8) Signature of the applicant; and

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(9) Such other information as the Di- [39 FR 1161, Jan. 4, 1974, as amended at 42 FR rector determines relevant to the proc- 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; essing of the application, including, 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. but not limited to, information on the 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR environmental effects of the activity 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; consistent with 40 CFR 1506.5 and De- 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. partmental procedures at 516 DM 6, Ap- 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR pendix 1.3A. 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; (b) Additional information required on 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. permit applications. As stated in para- 11, 2009; 79 FR 30417, May 27, 2014] graph (a)(3) of this section, certain additional information is required on all Subpart C—Permit Administration permit applications. For CITES permit applications, see part 23 of this sub- § 13.21 Issuance of permits. chapter. Additional information re- (a) No permit may be issued prior to quired on applications for other types the receipt of a written application of permits may be found by referring to therefor, unless a written variation the sections of this subchapter cited in from the requirements, as authorized the following table: by § 13.4, is inserted into the official file of the Bureau. An oral or written rep- Type of permit Section resentation of an employee or agent of Importation at nondesignated ports: the United States Government, or an Scientific ...... 14.31 action of such employee or agent, shall Deterioration prevention ...... 14.32 not be construed as a permit unless it Economic hardship ...... 14.33 Marking of package or container: meets the requirements of a permit as Symbol marking ...... 14.83 defined in 50 CFR 10.12. Import/export license ...... 14.93 (b) Upon receipt of a properly exe- Feather import quota: Importation or entry ...... 15.21 cuted application for a permit, the Di- Injurious wildlife: Importation or shipment ...... 16.22 rector shall issue the appropriate per- Endangered wildlife and plant permits: mit unless: Similarity of appearance ...... 17.52 Scientific, enhancement of propagation or (1) The applicant has been assessed a survival, incidental taking for wildlife ...... 17.22 civil penalty or convicted of any crimi- Scientific, propagation, or survival for plants 17.62 nal provision of any statute or regula- Economic hardship for wildlife ...... 17.23 tion relating to the activity for which Economic hardship for plants ...... 17.63 Threatened wildlife and plant permits: the application is filed, if such assess- Similarity of appearance ...... 17.52 ment or conviction evidences a lack of General for wildlife ...... 17.32 responsibility. General for plants ...... 17.72 (2) The applicant has failed to dis- Marine mammals permits: close material information required, or Scientific research ...... 18.31 Public display ...... 18.31 has made false statements as to any Migratory bird permits: material fact, in connection with his Banding or marking ...... 21.22 application; Scientific collecting ...... 21.23 (3) The applicant has failed to dem- Taxidermist ...... 21.24 onstrate a valid justification for the Waterfowl sale and disposal ...... 21.25 Special aviculturist ...... 21.26 permit and a showing of responsibility; Special purpose ...... 21.27 (4) The authorization requested po- Falconry ...... 21.28 tentially threatens a wildlife or plant Raptor propagation permit ...... 21.30 population, or Depredation control ...... 21.41 (5) The Director finds through fur- Eagle permits: Scientific or exhibition ...... 22.21 ther inquiry or investigation, or other- Indian religious use ...... 22.22 wise, that the applicant is not quali- Depredation and protection of health and fied. safety ...... 22.23 (c) Disqualifying factors. Any one of Falconry purposes ...... 22.24 Take of golden eagle nests ...... 22.25 the following will disqualify a person Eagle take—Associated with but not the from receiving permits issued under purpose of an activity ...... 22.26 this part. Eagle nest take ...... 22.27 (1) A conviction, or entry of a plea of Eagle take—Exempted under ESA ...... 22.28 guilty or nolo contendere, for a felony

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violation of the Lacey Act, the Migra- tion(s) specifically authorizing or gov- tory Bird Treaty Act, or the Bald and erning the activity for which the per- Golden Eagle Protection Act disquali- mit is issued, as well as any other con- fies any such person from receiving or ditions deemed appropriate and in- exercising the privileges of a permit, cluded on the face of the permit at the unless such disqualification has been discretion of the Director. expressly waived by the Director in re- (2) Any person accepting and holding sponse to a written petition. a permit under this subchapter B ac- (2) The revocation of a permit for knowledges the necessity for close reg- reasons found in § 13.28 (a)(1) or (a)(2) ulation and monitoring of the per- disqualifies any such person from re- mitted activity by the Government. By ceiving or exercising the privileges of a accepting such permit, the permittee similar permit for a period of five years consents to and shall allow entry by from the date of the final agency deci- agents or employees of the Service sion on such revocation. upon premises where the permitted ac- (3) The failure to pay any required tivity is conducted at any reasonable fees or assessed costs and penalties, hour. Service agents or employees may whether or not reduced to judgement enter such premises to inspect the lo- disqualifies such person from receiving cation; any books, records, or permits or exercising the privileges of a permit required to be kept by this subchapter as long as such moneys are owed to the B; and any wildlife or plants kept United States. This requirement shall under authority of the permit. not apply to any civil penalty pres- (f) Term of permit. Unless otherwise ently subject to administrative or judi- modified, a permit is valid during the cial appeal; provided that the pendency period specified on the face of the per- of a collection action brought by the mit. Such period shall include the ef- United States or its assignees shall not fective date and the date of expiration. constitute an appeal within the mean- (g) Denial. The issuing officer may ing of this subsection. deny a permit to any applicant who (4) The failure to submit timely, ac- fails to meet the issuance criteria set curate, or valid reports as required forth in this section or in the part(s) or may disqualify such person from re- section(s) specifically governing the ceiving or exercising the privileges of a activity for which the permit is re- permit as long as the deficiency exists. quested. (d) Use of supplemental information. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR The issuing officer, in making a deter- 32377, June 24, 1977; 47 FR 30785, July 15, 1982; mination under this subsection, may 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. use any information available that is 11, 2005] relevant to the issue. This may include any prior conviction, or entry of a plea § 13.22 Renewal of permits. of guilty or nolo contendere, or assess- (a) Application for renewal. Applicants ment of civil or criminal penalty for a for renewal of a permit must submit a violation of any Federal or State law written application at least 30 days or regulation governing the permitted prior to the expiration date of the per- activity. It may also include any prior mit. Applicants must certify in the permit revocations or suspensions, or form required by § 13.12(a)(5) that all any reports of State or local officials. statements and information in the The issuing officer shall consider all original application remain current relevant facts or information available, and correct, unless previously changed and may make independent inquiry or or corrected. If such information is no investigation to verify information or longer current or correct, the applicant substantiate qualifications asserted by must provide corrected information. the applicant. (b) Renewal criteria. The Service shall (e) Conditions of issuance and accept- issue a renewal of a permit if the appli- ance—(1) Conditions of issuance and ac- cant meets the criteria for issuance in ceptance. Any permit automatically in- § 13.21(b) and is not disqualified under corporates within its terms the condi- § 13.21(c). tions and requirements of subpart D of (c) Continuation of permitted activity. this part and of any part(s) or sec- Any person holding a valid, renewable

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permit may continue the activities au- § 13.24 Right of succession by certain thorized by the expired permit until persons. the Service acts on the application for (a) Certain persons other than the renewal if all of the following condi- permittee are authorized to carry on a tions are met: permitted activity for the remainder of (1) The permit is currently in force the term of a current permit, provided and not suspended or revoked; they comply with the provisions of (2) The person has complied with this paragraph (b) of this section. Such per- section; and sons are the following: (3) The permit is not a CITES docu- (1) The surviving spouse, child, ex- ment that was issued under part 23 of ecutor, administrator, or other legal this subchapter (because the CITES representative of a deceased permittee; document is void upon expiration). or (d) Denial. The issuing officer may (2) A receiver or trustee in bank- deny renewal of a permit to any appli- ruptcy or a court designated assignee cant who fails to meet the issuance cri- for the benefit of creditors. teria set forth in § 13.21 of this part, or (b) In order to qualify for the author- in the part(s) or section(s) specifically ization provided in this section, the governing the activity for which the person or persons desiring to continue the activity shall furnish the permit to renewal is requested. the issuing officer for endorsement [54 FR 38148, Sept. 14, 1989, as amended at 72 within 90 days from the date the suc- FR 48446, Aug. 23, 2007] cessor begins to carry on the activity. (c) In the case of permits issued § 13.23 Amendment of permits. under § 17.22(b) through (d) or § 17.32(b) (a) Permittee’s request. Where cir- through (d) or permits issued under cumstances have changed so that a per- § 22.26 of this subchapter B, the succes- mittee desires to have any condition of sor’s authorization under the permit is his permit modified, such permittee also subject to our determination that: must submit a full written justifica- (1) The successor meets all of the tion and supporting information in qualifications under this part for hold- conformity with this part and the part ing a permit; under which the permit was issued. (2) The successor has provided adequate written assurances that it will (b) The Service reserves the right to provide sufficient funding for any ap- amend any permit for just cause at any plicable conservation measures, con- time during its term, upon written servation plan, or Agreement and will finding of necessity, provided that any implement the relevant terms and con- such amendment of a permit issued ditions of the permit, including any under § 17.22(b) through (d) or § 17.32(b) outstanding minimization and mitiga- through (d) of this subchapter shall be tion requirements; and consistent with the requirements of (3) The successor has provided such § 17.22(b)(5), (c)(5) and (d)(5) or other information as we determine is § 17.32(b)(5), (c)(5) and (d)(5) of this sub- relevant to the processing of the re- chapter, respectively. quest. (c) Change of name or address. A permittee is not required to obtain a new [64 FR 32711, June 17, 1999, as amended at 78 FR 73725, Dec. 9, 2013] permit if there is a change in the legal individual or business name, or in the § 13.25 Transfer of permits and scope mailing address of the permittee. A of permit authorization. permittee is required to notify the (a) Except as otherwise provided for issuing office within 10 calendar days in this section, permits issued under of such change. This provision does not this part are not transferable or assign- authorize any change in location of the able. conduct of the permitted activity when (b) Permits issued under § 17.22(b) approval of the location is a qualifying through (d) or § 17.32(b) through (d) or condition of the permit. permits issued under § 22.26 of this sub- [54 FR 38148, Sept. 14, 1989, as amended at 64 chapter B may be transferred in whole FR 32711, June 17, 1999] or in part through a joint submission

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by the permittee and the proposed conditions of the permit and the per- transferee, or in the case of a deceased mit provides that such person(s) may permittee, the deceased permittee’s carry out the authorized activity. legal representative and the proposed [64 FR 32711, June 17, 1999, as amended at 64 transferee, provided we determine that: FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, (1) The proposed transferee meets all 2004; 78 FR 73725, Dec. 9, 2013] of the qualifications under this part for holding a permit; § 13.26 Discontinuance of permit activ- (2) The proposed transferee has pro- ity. vided adequate written assurances of When a permittee, or any successor sufficient funding for the conservation to a permittee as provided for by § 13.24, measures, conservation plan, or Agree- discontinues activities authorized by a ment, and will implement the relevant permit, the permittee shall within 30 terms and conditions of the permit, in- calendar days of the discontinuance re- cluding any outstanding minimization turn the permit to the issuing office to- and mitigation requirements; and gether with a written statement sur- (3) The proposed transferee has pro- rendering the permit for cancellation. vided other information that we deter- The permit shall be deemed void and mine is relevant to the processing of cancelled upon its receipt by the the submission. issuing office. No refund of any fees (c) In the case of the transfer of lands paid for issuance of the permit or for subject to an agreement and permit any other fees or costs associated with issued under § 17.22(c) or (d) or § 17.32 (c) a permitted activity shall be made or (d) of this subchapter B, the Service when a permit is surrendered for can- will transfer the permit to the new cellation for any reason prior to the ex- owner if the new owner agrees in writ- piration date stated on the face of the ing to become a party to the original permit. agreement and permit. (d) Except as otherwise stated on the [54 FR 38149, Sept. 14, 1989] face of the permit, any person who is under the direct control of the per- § 13.27 Permit suspension. mittee, or who is employed by or under (a) Criteria for suspension. The privi- contract to the permittee for purposes leges of exercising some or all of the authorized by the permit, may carry permit authority may be suspended at out the activity authorized by the per- any time if the permittee is not in mit. compliance with the conditions of the (e) In the case of permits issued permit, or with any applicable laws or under § 17.22(b)–(d) or § 17.32(b)–(d) of regulations governing the conduct of this subchapter to a State or local gov- the permitted activity. The issuing of- ernmental entity, a person is under the ficer may also suspend all or part of direct control of the permittee where: the privileges authorized by a permit if (1) The person is under the jurisdic- the permittee fails to pay any fees, tion of the permittee and the permit penalties or costs owed to the Govern- provides that such person(s) may carry ment. Such suspension shall remain in out the authorized activity; or effect until the issuing officer deter- (2) The person has been issued a per- mines that the permittee has corrected mit by the governmental entity or has the deficiencies. executed a written instrument with the (b) Procedure for suspension. (1) When governmental entity, pursuant to the the issuing officer believes there are terms of the implementing agreement. valid grounds for suspending a permit (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

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may amend any notice of suspension at the permittee shall be notified in writ- any time. ing of the proposed revocation by cer- (2) Upon receipt of a notice of pro- tified or registered mail. This notice posed suspension the permittee may shall identify the permit to be revoked, file a written objection to the proposed the reason(s) for such revocation, the action. Such objection must be in writ- proposed disposition of the wildlife, if ing, must be filed within 45 calendar any, and inform the permittee of the days of the date of the notice of pro- right to object to the proposed revoca- posal, must state the reasons why the tion. The issuing officer may amend permittee objects to the proposed sus- any notice of revocation at any time. pension, and may include supporting (2) Upon receipt of a notice of pro- documentation. posed revocation the permittee may (3) A decision on the suspension shall file a written objection to the proposed be made within 45 days after the end of action. Such objection must be in writ- the objection period. The issuing offi- ing, must be filed within 45 calendar cer shall notify the permittee in writ- days of the date of the notice of pro- ing of the Service’s decision and the posal, must state the reasons why the reasons therefore. The issuing officer permittee objects to the proposed rev- shall also provide the applicant with ocation, and may include supporting the information concerning the right documentation. to request reconsideration of the deci- (3) A decision on the revocation shall sion under § 13.29 of this part and the be made within 45 days after the end of procedures for requesting reconsider- the objection period. The issuing offi- ation. cer shall notify the permittee in writing of the Service’s decision and the [54 FR 38149, Sept. 14, 1989] reasons therefore, together with the in- § 13.28 Permit revocation. formation concerning the right to request and the procedures for requesting (a) Criteria for revocation. A permit reconsideration. may be revoked for any of the fol- (4) Unless a permittee files a timely lowing reasons: request for reconsideration, any wild- (1) The permittee willfully violates life held under authority of a permit any Federal or State statute or regula- that is revoked must be disposed of in tion, or any Indian tribal law or regu- accordance with instructions of the lation, or any law or regulation of any foreign country, which involves a vio- issuing officer. If a permittee files a lation of the conditions of the permit timely request for reconsideration of a or of the laws or regulations governing proposed revocation, such permittee the permitted activity; or may retain possession of any wildlife (2) The permittee fails within 60 days held under authority of the permit to correct deficiencies that were the until final disposition of the appeal cause of a permit suspension; or process. (3) The permittee becomes disquali- [54 FR 38149, Sept. 14, 1989, as amended at 64 fied under § 13.21(c) of this part; or FR 32711, June 17, 1999] (4) A change occurs in the statute or regulation authorizing the permit that § 13.29 Review procedures. prohibits the continuation of a permit (a) Request for reconsideration. Any issued by the Service; or person may request reconsideration of (5) Except for permits issued under an action under this part if that person § 17.22(b) through (d) or § 17.32(b) is one of the following: 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

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limited applicability for which an expi- tion of the evidence which was relied ration date is set within 90 days of the upon by the issuing officer. The notifi- permit change; or cation shall also provide information (4) A permittee who has a permit concerning the right to appeal, the offi- issued or renewed but has not been cial to whom an appeal may be ad- granted authority by the permit to per- dressed, and the procedures for making form all activities requested in the ap- an appeal. plication, except when the activity re- (e) Appeal. A person who has received quested is one for which there is no an adverse decision following submis- lawful authority to issue a permit. sion of a request for reconsideration (b) Method of requesting reconsider- may submit a written appeal to the Re- ation. Any person requesting reconsid- gional Director for the region in which eration of an action under this part the issuing office is located, or to the must comply with the following cri- Director for offices which report di- teria: rectly to the Director. An appeal must (1) Any request for reconsideration be submitted within 45 days of the date must be in writing, signed by the per- of the notification of the decision on son requesting reconsideration or by the request for reconsideration. The the legal representative of that person, appeal shall state the reason(s) and and must be submitted to the issuing issue(s) upon which the appeal is based officer. and may contain any additional evi- (2) The request for reconsideration dence or arguments to support the ap- must be received by the issuing officer peal. within 45 calendar days of the date of (f) Decision on appeal. (1) Before a de- notification of the decision for which cision is made concerning the appeal reconsideration is being requested. the appellant may present oral argu- (3) The request for reconsideration ments before the Regional Director or shall state the decision for which re- the Director, as appropriate, if such of- consideration is being requested and ficial judges oral arguments are nec- shall state the reason(s) for the recon- essary to clarify issues raised in the sideration, including presenting any written record. new information or facts pertinent to (2) The Service shall notify the appel- the issue(s) raised by the request for lant in writing of its decision within 45 reconsideration. calendar days of receipt of the appeal, (4) The request for reconsideration unless extended for good cause and the shall contain a certification in sub- appellant notified of the extension. stantially the same form as that pro- (3) The decision of the Regional Di- vided by § 13.12(a)(5). If a request for re- rector or the Director shall constitute consideration does not contain such the final administrative decision of the certification, but is otherwise timely Department of the Interior. and appropriate, it shall be held and [54 FR 38149, Sept. 14, 1989] the person submitting the request shall be given written notice of the need to Subpart D—Conditions submit the certification within 15 calendar days. Failure to submit certifi- § 13.41 Humane conditions. cation shall result in the request being Any live wildlife possessed under a rejected as insufficient in form and permit must be maintained under hu- content. mane and healthful conditions. (c) Inquiry by the Service. The Service may institute a separate inquiry into [54 FR 38150, Sept. 14, 1989] the matter under consideration. (d) Determination of grant or denial of § 13.42 Permits are specific. a request for reconsideration. The issuing The authorizations on the face of a officer shall notify the permittee of the permit that set forth specific times, Service’s decision within 45 days of the dates, places, methods of taking or car- receipt of the request for reconsider- rying out the permitted activities, ation. This notification shall be in numbers and kinds of wildlife or writing, shall state the reasons for the plants, location of activity, and associ- decision, and shall contain a descrip- ated activities that must be carried

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out; describe certain circumscribed records shall be legibly written or re- transactions; or otherwise allow a spe- producible in English and shall be cifically limited matter, are to be maintained for five years from the date strictly interpreted and will not be in- of expiration of the permit. Permittees terpreted to permit similar or related who reside or are located in the United matters outside the scope of strict con- States and permittees conducting com- struction. mercial activities in the United States [70 FR 18320, Apr. 11, 2005] who reside or are located outside the United States must maintain records § 13.43 Alteration of permits. at a location in the United States Permits shall not be altered, erased, where the records are available for in- or mutilated, and any permit which spection. has been altered, erased, or mutilated [39 FR 1161, Jan. 4, 1974, as amended at 42 FR shall immediately become invalid. Un- 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; less specifically permitted on the face 72 FR 48446, Aug. 23, 2007] thereof, no permit shall be copied, nor shall any copy of a permit issued pur- § 13.47 Inspection requirement. suant to this subchapter B be dis- Any person holding a permit under played, offered for inspection, or other- this subchapter B shall allow the Di- wise used for any official purpose for rector’s agent to enter his premises at which the permit was issued. any reasonable hour to inspect any § 13.44 Display of permit. wildlife or plant held or to inspect, audit, or copy any permits, books, or Any permit issued under this part records required to be kept by regula- shall be displayed for inspection upon tions of this subchapter B. request to the Director or his agent, or to any other person relying upon its [39 FR 1161, Jan. 4, 1974, as amended at 42 FR existence. 32377, June 24, 1977]

§ 13.45 Filing of reports. § 13.48 Compliance with conditions of Permittees may be required to file permit. reports of the activities conducted Any person holding a permit under under the permit. Any such reports subchapter B and any person acting shall be filed not later than March 31 under authority of such permit must for the preceding calendar year ending comply with all conditions of the per- December 31, or any portion thereof, mit and with all appllicable laws and during which a permit was in force, un- regulations governing the permitted less the regulations of this subchapter activity. B or the provisions of the permit set forth other reporting requirements. [54 FR 38150, Sept. 14, 1989]

§ 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 be kept current and shall include [54 FR 38150, Sept. 14, 1989] names and addresses of persons with § 13.50 Acceptance of liability. whom any plant obtained from the wild (excluding seeds) or wildlife has been Except as otherwise limited in the purchased, sold, bartered, or otherwise case of permits described in § 13.25(d), transferred, and the date of such trans- any person holding a permit under this action, and such other information as subchapter B assumes all liability and may be required or appropriate. Such responsibility for the conduct of any

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activity conducted under the authority 14.64 Exceptions to export declaration re- of such permit. quirements. [64 FR 32711, June 17, 1999] Subpart G [Reserved] PART 14—IMPORTATION, EXPOR- Subpart H—Marking of Containers or TATION, AND TRANSPORTATION Packages OF WILDLIFE 14.81 Marking requirement. 14.82 Alternatives and exceptions to the Subpart A—Introduction marking requirement.

Sec. Subpart I—Import/Export Licenses and 14.1 Purpose of regulations. Inspection Fees 14.2 Scope of regulations. 14.3 Information collection requirements. 14.91 When do I need an import/export li- 14.4 What terms do I have to understand? cense? 14.92 What are the exemptions to the im- Subpart B—Importation and Exportation at port/export license requirement? Designated Ports 14.93 How do I apply for an import/export license? 14.11 General restrictions. 14.12 Designated ports. 14.94 What fees apply to me? 14.13 Emergency diversion. 14.14 In-transit shipments. Subpart J—Standards for the Humane and 14.15 Personal baggage and household ef- Healthful Transport of Wild Mammals fects. and Birds to the United States 14.16 Border ports. 14.17 Personally owned pet birds. 14.101 Purposes. 14.18 Marine mammals. 14.102 Definitions. 14.19 Special ports. 14.103 Prohibitions. 14.20 Exceptions by permit. 14.104 Translations. 14.21 Shellfish and fishery products. 14.105 Consignment to carrier. 14.22 Certain antique articles. 14.106 Primary enclosures. 14.23 Live farm-raised fish and farm-raised 14.107 Conveyance. fish eggs. 14.108 Food and water. 14.24 Scientific specimens. 14.109 Care in transit. 14.110 Terminal facilities. Subpart C—Designated Port Exception 14.111 Handling. Permits 14.112 Other applicable provisions.

14.31 Permits to import or export wildlife at SPECIFICATIONS FOR NONHUMAN PRIMATES nondesignated port for scientific purposes. 14.121 Primary enclosures. 14.32 Permits to import or export wildlife at 14.122 Food and water. nondesignated port to minimize deterio- 14.123 Care in transit. ration or loss. 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) 14.131 Primary enclosures. Subpart D [Reserved] 14.132 Food and water. 14.133 Care in transit. Subpart E—Inspection and Clearance of Wildlife SPECIFICATIONS FOR ELEPHANTS AND UNGULATES 14.51 Inspection of wildlife. 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.

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SPECIFICATIONS FOR BIRDS § 14.4 What terms do I have to under- 14.171 Consignment to carrier. stand? 14.172 Primary enclosures. In addition to definitions contained in part 10 of this subchapter, in this Subpart K—Captive Wildlife Safety Act part: 14.250 What is the purpose of these regula- Accompanying personal baggage means tions? all hand-carried items and all checked 14.251 What other regulations may apply? baggage of a person entering into or de- 14.252 What definitions do I need to know? parting from the United States. 14.253 What are the restrictions contained Accredited scientist means any indi- in these regulations? vidual associated with, employed by, or 14.254 What are the requirements contained under contract to and accredited by an in these regulations? accredited scientific institution for the 14.255 Are there any exemptions to the re- purpose of conducting biological or strictions contained in these regula- medical research, and whose research tions? activities are approved and sponsored AUTHORITY: 16 U.S.C. 668, 704, 712, 1382, by the scientific institution granting 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and accreditation. 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701. Accredited scientific institutions means SOURCE: 45 FR 56673, Aug. 25, 1980, unless any public museum, public zoological otherwise noted. park, accredited institution of higher education, accredited member of the Subpart A—Introduction American Zoo and Aquarium Associa- tion, accredited member of the Amer- § 14.1 Purpose of regulations. ican Association of Systematic Collec- The regulations contained in this tions, or any State or Federal govern- part provide uniform rules and proce- ment agency that conducts biological dures for the importation, exportation, or medical research. and transportation of wildlife. Commercial means related to the of- fering for sale or resale, purchase, § 14.2 Scope of regulations. trade, barter, or the actual or intended transfer in the pursuit of gain or profit, The provisions in this part are in ad- of any item of wildlife and includes the dition to, and do not supersede other use of any wildlife article as an exhibit regulations of this subchapter B which for the purpose of soliciting sales, may require a permit or prescribe addi- without regard to quantity or weight. tional restrictions or conditions for the There is a presumption that eight or importation, exportation, and trans- more similar unused items are for com- portation of wildlife. mercial use. The Service or the im- § 14.3 Information collection require- porter/exporter/owner may rebut this ments. presumption based upon the particular facts and circumstances of each case. The Office of Management and Budg- Domesticated animals includes, but is et (OMB) has approved the information not limited to, the following domes- collection requirements contained in ticated animals that are exempted this part 14 under 44 U.S.C. 3507 and as- from the requirements of this sub- signed OMB Control Numbers 1018–0012, chapter B (except for species obtained 1018–0092, and 1018–0129. The Service from wild populations). may not conduct or sponsor and you Mammals: Alpaca—Lama alpaca; are not required to respond to a collec- Camel—Camelus dromedarius; Camel tion of information unless it displays a (Boghdi)—Camelus bactrianus; Cat (do- currently valid OMB control number. mestic)—Felis domesticus; Cattle—Bos You can direct comments regarding taurus; Dog (domestic)—Canis familiaris; these information collection require- European rabbit—Ortyctolagus ments to the Service’s Information cuniculus; Ferret (domestic)—Mustela Collection Clearance Officer at the ad- putorius; Goat—Capra hircus; Horse— dress provided at 50 CFR 2.1(b). Equus caballus; Llama—Lama glama; [72 FR 45946, Aug. 16, 2007, as amended at 79 Pig—Sus scrofa; Sheep—Ovis aries; FR 43964, July 29, 2014] Water buffalo—Bubalus bubalus; White

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lab mice—Mus musculus; White lab You means licensee, or importer/ex- rate—Rattus norvegicus. porter of record. Fish (For export purposes only): Carp [61 FR 31868, June 21, 1996, as amended at 64 (koi)—Cyprinus carpio; Goldfish— FR 23025, Apr. 29, 1999] Carassius auratus. Birds: Chicken—Gallus domesticus; Subpart B—Importation and Ducks & geese—domesticated varieties; Exportation at Designated Ports Guinea fowl—Numida meleagris; Peafowl—Pavo cristatus; Pigeons (do- § 14.11 General restrictions. mesticated)—Columba livia domestrica; Except as otherwise provided in this Turkey—Meleagris gallopavo; Domes- part, no person may import or export ticated or Barnyard Mallards include: any wildlife at any place other than a Pekin; Aylesbury; Bouen; Cayuga; Customs port of entry designated in Gray Call; White Call; East Indian; § 14.12. Crested; Swedish; Buff Orpington; In- [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. dian Runner; Campbell; Duclair; 1, 1980] Merchtem; Termonde; Magpie; Chinese; Khaki Campbell. § 14.12 Designated ports. Insects: Crickets, mealworms, honey- The following ports of entry are des- bees (not to include Africanized vari- ignated for the importation and expor- eties), and similar insects that are rou- tation of wildlife and wildlife products tinely farm raised. and are referred to hereafter as ‘‘des- Other Invertebrates: Earthworms and ignated ports’’: similar invertebrates that are rou- (a) Anchorage, Alaska. tinely farm raised. (b) Atlanta, Georgia. (c) Baltimore, Maryland. Export means to depart from, to send (d) Boston, Massachusetts. from, to ship from, or to carry out of, (e) Chicago, Illinois. or attempt to depart from, to send (f) Dallas/Fort Worth, Texas. from, to ship from, or to carry out of, (g) Honolulu, Hawaii. or to consign to a carrier in any place (h) Houston, Texas. subject to the jurisdiction of the (i) Los Angeles, California. United States with an intended des- (j) Louisville, Kentucky. tination of any place not subject to the (k) Memphis, Tennessee. jurisdiction of the United States, (l) Miami, Florida. whether or not such departure, send- (m) New Orleans, Louisiana. ing, or carrying, or shipping con- (n) New York, New York. stitutes an exportation within the (o) Portland, Oregon. meaning of the Custom laws of the (p) San Francisco, California. 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- Wildlife which has been imported carried items and checked baggage will into the United States at any port or be regarded as exports. place other than a designated port sole- Import means to land on, bring into, ly as a result of a diversion due to an or introduce into, or attempt to land aircraft or vessel emergency must pro- on, bring into, or introduce into any ceed as an in-transit shipment under place subject to the jurisdiction of the Customs bond to a designated port, or to any port where a permit or other United States, whether or not such provision of this part provides for law- landing, bringing, or introduction con- ful importation. stitutes an importation within the meaning of the tariff laws of the § 14.14 In-transit shipments. United States. (a) Wildlife destined for a point with- We means Fish and Wildlife Service in the United States may be imported or Service. into the United States at any port if

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such wildlife proceeds as an in-transit (6) Minnesota—Grand Portage, Inter- shipment under Customs bond to a des- national Falls, Minneapolis-St. Paul; ignated port, or to any port where a (7) Montana—Raymond, Sweetgrass; permit or other provision of this part (8) New York—Buffalo-Niagara Falls, provides for lawful importation. Champlain; (b) Wildlife moving in-transit (9) North Dakota—Dunseith, through the United States from one Pembina, Portal; foreign country to another foreign (10) Ohio—Cleveland; country is exempt from the designated port requirements of this part, if such (11) Vermont—Derby Line, Highgate wildlife is not unloaded within the Springs; and United States. (12) Washington—Blaine, Sumas. (b) Except for wildlife requiring a § 14.15 Personal baggage and house- permit pursuant to part 16, 17, 18, 21, or hold effects. 23 of this subchapter B, wildlife whose (a) Any person may import into or country of origin is Mexico or the export from the United States at any United States may be imported or ex- Customs port wildlife products or man- ported at any of the following Customs ufactured articles that are not in- ports of entry: tended for commercial use and are used (1) Arizona—Lukeville, Nogales; as clothing or contained in accom- (2) California—Calexico, San Diego- panying personal baggage. However, San Ysidro; and this exception to the designated port (3) Texas—Brownsville, El Paso, La- requirement does not apply to any raw redo. or dressed fur; raw, salted, or crusted (c) Except for wildlife requiring a hide or skin; game trophy; or to wild- permit pursuant to part 16, 17, 18, or 21 life requiring a permit pursuant to part of this subchapter B, wildlife lawfully 16, 17, 18, 21, or 23 of this subchapter B. taken by U.S. residents in the United (b) Wildlife products or manufactured States, Canada, or Mexico and im- articles, including mounted game tro- ported or exported for noncommercial phies or tanned hides, which are not in- purposes, may be imported or exported tended for sale and are part of a ship- at any Customs port of entry. ment of the household effects of persons moving their residence to or from § 14.17 Personally owned pet birds. the United States may be imported or exported at any Customs port of entry. Any person may import a personally However, this exception to the des- owned pet bird at any port designated ignated port requirement does not under, and in accordance with, 9 CFR apply to any raw fur; raw, salted, or part 92. crusted hide or skin; or to wildlife requiring a permit pursuant to part 16, § 14.18 Marine mammals. 17, 18, 21, or 23 of this subchapter B. Any person subject to the jurisdiction of the United States who has law- [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996] fully taken a marine mammal on the high seas and who is authorized to im- § 14.16 Border ports. port such marine mammal in accord- (a) Except for wildlife requiring a ance with the Marine Mammal Protec- permit pursuant to part 16, 17, 18, 21, or tion Act of 1972 and implementing reg- 23 of this subchapter B, wildlife whose ulations (50 CFR parts 18 and 216) may country of origin is Canada or the import such marine mammal at any United States may be imported or export or place. ported at any of the following Customs § 14.19 Special ports. ports of entry: (1) Alaska—Alcan; (a) Except for wildlife requiring a (2) Idaho—Eastport; permit pursuant to part 16, 17, 18, 21, or (3) Maine—Calais, Houlton, Jackman; 23 of this subchapter B, wildlife which (4) Massachusetts—Boston; is imported for final destination in (5) Michigan—Detroit, Port Huron, Alaska, Puerto Rico, or the Virgin Is- Sault Sainte Marie; lands, may be imported through those

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Customs ports of entry named here- enter or exit the United States at any after for the respective State or Terri- Customs port of entry. For the pur- tory of final destination: poses of this part, all references to the (1) Alaska—Alcan, Anchorage, Fair- term shellfish and fishery products will banks, Juneau; include pearls. (2) Puerto Rico—San Juan; and (3) Virgin Islands—San Juan, Puerto [61 FR 31868, June 21, 1996] Rico. (b) Except for wildlife requiring a § 14.22 Certain antique articles. permit pursuant to part 16, 17, 18, 21, or Any person may import at any Cus- 23 of this subchapter B, wildlife which toms Service port designated for such originates in Alaska, Puerto Rico, or purpose, any article (other than scrim- the Virgin Islands, may be exported shaw, defined in 16 U.S.C 1539(f)(1)(B) through the following Customs ports and 50 CFR 217.12 as any art form that for the respective State or Territory: involves the etching or engraving of de- (1) Alaska—Alcan, Anchorage, Fair- signs upon, or the carving of figures, banks, Juneau; patterns, or designs from, any bone or (2) Puerto Rico—San Juan; and tooth of any marine mammal of the (3) Virgin Islands—San Juan, Puerto order Cetacea) that is at least 100 years Rico. old, is composed in whole or in part of (c) Except for wildlife requiring a any endangered or threatened species permit pursuant to part 16, 17, 18, 21, or listed under § 17.11 or § 17.12 of this sub- 23 of this subchapter B, wildlife which chapter, and has not been repaired or has a final destination of Guam or which originates in Guam may be im- modified with any part of any endan- ported or exported, as appropriate, gered or threatened species on or after through the port of Agana, Guam. December 28, 1973. [61 FR 31868, June 21, 1996] § 14.20 Exceptions by permit. Wildlife may be imported into or ex- § 14.23 Live farm-raised fish and farm- ported from the United States at any raised fish eggs. Customs port of entry designated in Live farm-raised fish and farm-raised the terms of a valid permit issued pur- fish eggs meet the definition of ‘‘bred suant to subpart C of this part. in captivity’’ as stated in 50 CFR 17.3. Except for wildlife requiring a permit § 14.21 Shellfish and fishery products. pursuant to parts 17 or 23 of this sub- (a)(1) General. Except for wildlife re- chapter, live farm-raised fish and farm- quiring a permit pursuant to part 17 or raised fish eggs may be exported from 23 of this subchapter, shellfish and fish- any U.S. Customs port. ery products imported or exported for purposes of human or animal consump- [59 FR 41714, Aug. 15, 1994] tion or taken in waters under the jurisdiction of the United States or on the § 14.24 Scientific specimens. high seas for recreational purposes Except for wildlife requiring a permit may enter or exit at any Customs port. pursuant to parts 16, 17, 18, 21, 22 or 23 (2) Except for wildlife requiring a of this subchapter, dead, preserved, permit pursuant to part 17 or part 23 of dried, or embedded scientific specimens this subchapter, live aquatic inverte- or parts thereof, imported or exported brates of the Class Pelecypoda (com- by accredited scientists or accredited monly known as oysters, clams, mus- scientific institutions for taxonomic or sels, and scallops) and the eggs, larvae, systematic research purposes may or juvenile forms thereof may be ex- enter or exit through any U.S. Customs ported for purposes of propagation, or port, or may be shipped through the research related to propagation, at any international mail system. Provided, Customs port. that this exception will not apply to (b) Pearls. Except for wildlife requir- any specimens or parts thereof taken ing a permit pursuant to part 17 or 23 as a result of sport hunting. of this subchapter, pearls imported or exported for commercial purposes may [61 FR 31869, June 21, 1996]

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Subpart C—Designated Port condition: Permittee shall file such re- Exception Permits ports as specified on the permit, if any. (d) Issuance criteria. The Director § 14.31 Permits to import or export shall consider the following in deter- wildlife at nondesignated port for mining whether to issue a permit under scientific purposes. this section: (a) General. The Director may, upon (1) Benefit to a bona fide scientific re- receipt of an application submitted in search project, other scientific pur- accordance with the provisions of this pose, or facilitation of the exchange of section and §§ 13.11 and 13.12 of this sub- preserved museum specimens; chapter, and in accordance with the (2) The kind of wildlife involved and issuance criteria of this section, issue a its place of origin; permit authorizing importation or ex- (3) The reasons why the exception is portation of wildlife for scientific pur- requested; and poses at one or more named Customs (4) Availability of a Service officer. port(s) of entry not otherwise author- (e) Duration of permits. Any permit ized by subpart B. Such permits may issued under this section expires on the authorize a single importation or ex- date designated on the face of the per- portation, a series of importations or mit. In no case will the permit be valid exportations, or importation or expor- for more than 2 years from the date of tation during a specified period of issuance. time. (b) Application procedure. Applica- § 14.32 Permits to import or export tions for permits to import or export wildlife at nondesignated port to wildlife at a nondesignated port for sci- minimize deterioration or loss. entific purposes must be submitted to (a) General. The Director may, upon the Director. Each application must receipt of an application submitted in contain the general information and accordance with the provisions of this certification required by § 13.12(a) of section and §§ 13.11 and 13.12 of this sub- this subchapter, plus the following ad- chapter, and in accordance with the ditional information: issuance criteria of this section, issue a (1) The scientific purpose or uses of permit authorizing importation or ex- the wildlife to be imported or exported; portation of wildlife, in order to mini- (2) The number and kinds of wildlife mize deterioration or loss, at one or described by scientific and common more named Customs port(s) of entry names to be imported or exported not otherwise authorized by subpart B. where such number and kinds can be Such permits may authorize a single determined; importation or exportation, a series of (3) The country or place in which the importations or exportations, or im- wildlife was removed from the wild (if portation or exportation during a spec- known), or where born in captivity; ified period of time. (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;

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

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(2) Permittee must pay fees in ac- United States prior to release from de- cordance with § 14.94. tention by Customs officers. A Service (d) Issuance criteria. The Director officer must clear all wildlife to be ex- shall consider the following in deter- ported from the United States prior to mining whether to issue a permit under the physical loading of the merchan- this section: dise on a vehicle or aircraft, or the (1) The difference between the cost of containerization or palletizing of such importing or exporting the wildlife at merchandise for export, unless a Serv- the port requested and the lowest cost ice officer expressly authorizes other- of importing or exporting such wildlife wise. Such clearance does not con- at a port authorized by these regula- stitute a certification of the legality of tions without a permit; an importation or exportation under (2) The severity of the economic the laws or regulations of the United hardship that likely would result States. should the permit not be issued; (b) An importer/exporter or his/her (3) The kind of wildlife involved, in- agent may obtain clearance by a Serv- cluding its form and place of origin; ice officer only at designated ports and (§ 14.12), at border ports (§ 14.16), at spe- (4) Availability of a Service officer. cial ports (§ 14.19), or at a port where (e) Duration of permits. Any permit importation or exportation is author- issued under this section expires on the ized by a permit issued under subpart C date designated on the face of the per- of this part. An importer/exporter must mit. In no case will the permit be valid return forthwith any wildlife released for more than 2 years from the date of without a Service officer’s clearance or issuance. clearance by Customs for the Service [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. under authority of § 14.54 to a port 1, 1980, as amended at 61 FR 31869, June 21, where clearance may be obtained pur- 1996] suant to this subpart. (c) To obtain clearance, the importer, Subpart D [Reserved] exporter, or the importer’s or exporter’s agent will make available to a Service officer or a Customs officer Subpart E—Inspection and acting under § 14.54: Clearance of Wildlife (1) All shipping documents (including bills of lading, waybills and packing § 14.51 Inspection of wildlife. lists or invoices); Subject to applicable limitations of (2) All permits, licenses or other doc- law, Service officers and Customs offi- uments required by the laws or regula- cers may detain for inspection and in- tions of the United States; spect any package, crate, or other con- (3) All permits or other documents tainer, including its contents, and all required by the laws or regulations of accompanying documents, upon impor- any foreign country; tation or exportation. The Director (4) The wildlife being imported or ex- may charge reasonable fees, including ported; and salary, overtime, transportation and (5) Any documents and permits re- per diem of Service officers, for wildlife quired by the country of export or re- import or export inspections specially export for the wildlife. requested by the importer or exporter at times other than regular work hours [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, or locations other than usual for such 1985; 61 FR 31869, June 21, 1996] inspections at the port. [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. § 14.53 Detention and refusal of clear- 1, 1980, as amended at 50 FR 52889, Dec. 26, ance. 1985] (a) Detention. Any Service officer, or Customs officer acting under § 14.54, § 14.52 Clearance of imported wildlife. may detain imported or exported wild- (a) Except as otherwise provided by life and any associated property. As this subpart, a Service officer must soon as practicable following the im- clear all wildlife imported into the portation or exportation and decision

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to detain, the Service will mail a no- § 14.54 Unavailability of Service offi- tice of detention by registered or cer- cers. tified mail, return receipt requested, to (a) Designated ports. All wildlife arriv- the importer or consignee, or exporter, ing at a designated port must be if known or easily ascertainable. Such cleared by a Service officer prior to notice must describe the detained wild- Customs clearance and release. When life or other property, indicate the rea- importers or their agents expect live or son for the detention, describe the gen- perishable shipments of wildlife or eral nature of the tests or inquiries to wildlife products or request inspection be conducted, and indicate that if the at the time of arrival, they must notify releasability of the wildlife has not the Service at least 48 hours prior to been determined within 30 days after the estimated time of arrival. However, the date of the notice, or a longer pe- where a Service officer is not available riod if specifically stated, that the within a reasonable time, Customs Of- Service will deem the wildlife to be ficers may clear live or perishable wild- seized and will issue no further notifi- life subject to post-clearance inspec- cation of seizure. tion and investigation by the Service. (b) Refusal of clearance. Any Service (b) Border and special ports. Wildlife officer may refuse clearance of im- lawfully imported at Canadian or Mexi- ported or exported wildlife and any can border ports under § 14.16, or into Alaska, Puerto Rico, or the Virgin Is- Customs officer acting under § 14.54 lands, under § 14.19, may, if a Service may refuse clearance of imported wild- officer is not available within a reason- life when there are responsible grounds able time, be cleared by Customs offi- to believe that: cers, subject to post-clearance inspec- (1) A Federal law or regulation has tion and investigation by the Service. been violated; (c) Permit imports. Wildlife imported (2) The correct identity and country at a nondesignated port in accordance of origin of the wildlife has not been es- with the terms of a valid permit issued tablished (in such cases, the burden is under subpart C of this part, may, if a upon the owner, importer, exporter, Service officer is not available within a consignor, or consignee to establish reasonable time, be cleared by Customs such identity by scientific name to the officers, subject to post-clearance in- species level or, if any subspecies is spection and investigation by the Serv- protected by the laws of this country ice. or the country of origin to the sub- (d) Personal baggage and household ef- species level); fects. Wildlife lawfully imported at any (3) Any permit, license, or other doc- port of entry under § 14.15, may, if a umentation required for clearance of Service officer is not available within a such wildlife is not available, is not reasonable time, be cleared by Customs currently valid, has been suspended or officers, subject to post-clearance in- revoked, or is not authentic; spection and investigation by the Serv- (4) The importer, exporter, or the im- ice. porter’s or exporter’s agent has filed an (e) Personally owned pet birds. Person- 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]

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§ 14.55 Exceptions to clearance re- 177 and the importer, or the importer’s quirements. agent, must certify that the informa- Except for wildlife requiring a permit tion furnished is true and complete to pursuant to part 17 or 23 of this sub- the best of his/her knowledge and be- chapter B, clearance is not required for lief. the importation of the following wild- [61 FR 49980, Sept. 24, 1996] life: (a) Shellfish and fishery products im- § 14.62 Exceptions to import declara- ported for purposes of human or animal tion requirements. consumption or taken in waters under the jurisdiction of the United States or (a) Except for wildlife requiring a on the high seas for recreational pur- permit pursuant to part 17 or 23 of this poses; subchapter B, an importer or his/her (b) Marine mammals lawfully taken agent does not have to file a Declara- on the high seas by United States resi- tion for Importation or Exportation of dents and imported directly into the Fish or Wildlife (Form 3–177) for impor- United States; and tation of shellfish and fishery products (c) Certain antique articles as speci- imported for purposes of human or ani- fied in § 14.22 which have been released mal consumption, or taken in waters from custody by Customs officers under the jurisdiction of the United under 19 U.S.C. 1499. States or on the high seas for rec- (d) Dead, preserved, dried, or embed- reational purposes; ded scientific specimens or parts there- (b) Except for wildlife requiring a of, imported or exported by accredited permit pursuant to part 16, 17, 18, 21, or scientists or accredited scientific insti- 23 of this subchapter B, a Declaration tutions for taxonomic or systematic re- for Importation or Exportation of Fish search purposes. Except: That this ex- or Wildlife (Form 3–177) does not have ception will not apply to any speci- to be filed for importation of the fol- mens or parts thereof taken as a result lowing: of sport hunting. (1) Fish taken for recreational pur- [45 FR 56673, Aug. 25, 1980, as amended at 61 poses in Canada or Mexico; FR 31869, June 21, 1996] (2) Wildlife products or manufactured articles that are not intended for com- Subpart F—Wildlife Declarations mercial use and are used as clothing or contained in accompanying personal § 14.61 Import declaration require- baggage, except that an importer or ments. his/her agent must file a Form 3–177 for Except as otherwise provided by the raw or dressed furs; for raw, salted, or regulations of this subpart, importers crusted hides or skins; and for game or or their agents must file with the Serv- game trophies; and ice a completed Declaration for Impor- (3) Wildlife products or manufactured tation or Exportation of Fish or Wild- articles that are not intended for com- life (Form 3–177), signed by the im- mercial use and are a part of a ship- porter or the importer’s agent, upon ment of the household effects of per- the importation of any wildlife at the sons moving their residence to the place where Service clearance under § 14.52 is requested. However, wildlife United States, except that an importer may be transshipped under bond to a or his/her agent must file a declaration different port for release from custody for raw or dressed furs and for raw, by Customs Service officers under 19 salted, or crusted hides or skins. U.S.C. 1499. For certain antique arti- (c) General declarations for certain cles as specified in § 14.22, importers or specimens. Notwithstanding the provi- their agents must file a Form 3–177 sions of 14.61 and except for wildlife in- with the District Director of Customs cluded in paragraph (d) of this section, at the port of entry prior to release an importer or his/her agent may de- from Customs custody. Importers or scribe in general terms on a Declara- their agents must furnish all applicable tion for the Importation or Expor- information requested on the Form 3– tation of Fish or Wildlife (Form 3–177)

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scientific specimens imported for sci- nished is true and complete to the best entific institutions for taxonomic, sys- of his/her knowledge and belief. tematic research, or faunal survey purposes. An importer or his/her agent § 14.64 Exceptions to export declara- must file an amended Form 3–177 with- tion requirements. in 180 days after filing of the general (a) Except for wildlife requiring a declaration with the Service. The dec- permit pursuant to part 17 or 23 of this laration must identify specimens to subchapter B, an exporter or his/her the most accurate taxonomic classi- agent does not have to file a Declara- fication reasonably practicable using tion for Importation or Exportation of the best available taxonomic informa- Fish or Wildlife (Form 3–177) for the ex- tion. The Director may grant exten- portation of shellfish and fishery prod- sions of the 180-day period. ucts exported for purposes of human or (d) Except for wildlife requiring a animal consumption or taken in waters permit pursuant to part 16, 17, 18, 21, 22 under the jurisdiction of the United or 23 of this subchapter, an importer or States or on the high seas for rec- his/her agent does not have to file a reational purposes, and does not have Declaration for the Importation or Ex- to file for the exportation of live portation of Fish or Wildlife (Form 3– aquatic invertebrates of the Class 177) at the time of importation for Pelecypoda (commonly known as oys- shipments of dead, preserved, dried, or ters, claims, mussels, and scallops) and embedded scientific specimens or parts the eggs, larvae, or juvenile forms thereof, imported by accredited sci- thereof exported for purposes of propa- entists or accredited scientific institu- gation, or research related to propaga- tions for taxonomic or systematic re- tion. search purposes. An importer or his/her (b) Except for wildlife requiring a agent must file a Form 3–177 within 180 permit pursuant to part 16, 17, 18, 21, or days of importation with the appro- 23 of this subchapter B, a Declaration priate Assistant Regional Director— for the Importation or Exportation of Law Enforcement in the Region where Fish or Wildlife (Form 3–177) does not the importation occurs. The declara- have to be filed for the exportation of tion must identify the specimens to the the following: most accurate taxonomic classification (1) Wildlife that is not intended for reasonably practicable using the best commercial use where the value of available taxonomic information, and such wildlife is under $250; must declare the country of origin. Ex- (2) Wildlife products or manufactured cept: That this exception will not apply articles, including game trophies, that to any specimens or parts thereof are not intended for commercial use taken as a result of sport hunting. and are used as clothing or contained [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. in accompanying personal baggage or 1, 1980, as amended at 61 FR 31870, June 21, are part of a shipment of the household 1996] effects of persons moving their residence from the United States; and § 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

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must declare the country of origin. Ex- of the shipper and consignee, states the cept: That this exception will not apply total number of packages or containers to any specimens or parts thereof in the shipment, and for each species in taken as a result of sport hunting. the shipment specifies: (c) Except for wildlife requiring a pe- (A) The common name that identifies riod pursuant to parts 17 or 23 of this the species (examples include: Chinook subchapter, a Declaration for the Im- (or king) salmon; bluefin tuna; and portation or Exportation of Fish or whitetail deer) and whether or not the Wildlife (Form 3–177) does not have to listed species is venomous; and be filed for the exportation of live (B) The number of that species (or farm-raised fish and farm-raised fish other appropriate measure of quantity eggs as defined in § 14.23. such as gross or net weight). [45 FR 56673, Aug. 25, 1980, as amended at 59 The invoice, packing list, bill of lading, FR 41714, Aug. 15, 1994; 61 FR 31870, June 21, 1996] or equivalent document must be securely attached to the outside of one Subpart G [Reserved] container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it Subpart H—Marking of Containers readily accessible for inspection; or or Packages (2) Affixing the shipper’s wildlife import/export license number preceded by SOURCE: 52 FR 45341, Nov. 27, 1987, unless the three letters ‘‘FWS’’ on the outside otherwise noted. of each container or package con- § 14.81 Marking requirement. taining fish or wildlife, if the shipper has valid wildlife import/export license Except as otherwise provided in this issued under authority of 50 CFR part subpart, no person may import, export, 14. For each shipment marked in ac- or transport in interstate commerce cordance with this paragraph, the any container or package containing records maintained under § 14.93(c) any fish or wildlife (including shellfish must include a copy of the invoice, and fishery products) unless he/she packing list, bill of lading, or other marks each container or package conspicuously on the outside with both the similar document that accurately name and address of the shipper and states the information required by consignee. An accurate and legible list paragraph (a)(1)(ii) of this section. of its contents by species scientific (3) In the case of subcontainers or name and the number of each species packages within a larger packing con- and whether or not the listed species tainer, only the outermost container are venomous must accompany the en- must be marked in accordance with tire shipment. this section. Except, that for live fish or wildlife that are packed in subcon- [61 FR 31870, June 21, 1996] tainers within a larger packing con- § 14.82 Alternatives and exceptions to tainer, if the subcontainers are num- the marking requirement. bered or labeled, the packing list, invoice, bill or lading, or other similar (a) The requirements of § 14.81 may be document, must reflect that number or met by complying with one of the following alternatives to the marking re- label. However, each subcontainer con- quirement: taining a venomous species must be (1)(i) Conspicuously marking the out- clearly marked as venomous. side of each container or package con- (4) A conveyance (truck, plane, boat, taining fish or wildlife with the word etc.) is not considered a container for ‘‘fish’’ or ‘‘wildlife’’ as appropriate for purposes of requiring specific marking its contents, or with the common name of the conveyance itself, provided that: of its contents by species, and (i) The fish or wildlife within the con- (ii) Including an invoice, packing veyance is carried loosely or is readily list, bill of lading, or similar document identifiable, and is accompanied by the to accompany the shipment which ac- document required by paragraph curately states the name and address (a)(1)(ii) of this section, or

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(ii) The fish or wildlife is otherwise . . . do I need an If I import into the United States or ex- import/export packaged and marked in accordance port from the United States license? with this subpart. (b) The requirements of § 14.81 do not (1) Wildlife in the form of products such Yes. as garments, bags, shoes, boots, jew- apply to containers or packages con- elry, rugs, trophies, or curios for com- taining— mercial purposes. (1) Fox, nutria, rabbit, mink, chin- (2) Wildlife in the form of hides, furs, or Yes. skins for commercial purposes. chilla, marten, fisher, muskrat, and (3) Wildlife in the form of food for com- Yes. karakul that have been bred and born mercial purposes. in captivity, or their products, if a (4) As an animal dealer, animal broker, Yes. pet dealer, or pet or laboratory sup- signed statement certifying that the plier. animals were bred and born in cap- (5) As an individual owner of a person- No. tivity accompanies the shipping docu- ally owned live wildlife pet for personal use. ments; (6) As a collector or hobbyist for per- No. (2) Fish or shellfish contained in re- sonal use. (7) As a collector or hobbyist for com- Yes. tail consumer packages labeled pursu- mercial purposes, including sale, trade ant to the Food, Drug and Cosmetic or barter. Act, 21 U.S.C. 301 et seq.; or (8) As a laboratory researcher or bio- Yes. medical supplier for commercial pur- (3) Fish or shellfish that are landed poses. by, and offloaded from, a fishing vessel (9) As a customs broker or freight for- No. (whether or not the catch has been car- warder engaged in business as a dis- patcher, handler, consolidator, or ried by the fishing vessel interstate), as transporter of wildlife or if I file docu- long as the fish or shellfish remain at ments with the Service on behalf of the place where first offloaded. others. (10) As a common carrier engaged in No. (Approved by the Office of Management and business as a transporter of wildlife. Budget under control number 1018–0022) (11) As a taxidermist, outfitter, or guide Yes. importing or exporting my own hunting [52 FR 45341, Nov. 27, 1987, as amended at 61 trophies for commercial purposes. FR 31871, June 21, 1996] (12) As a taxidermist, outfitter, or guide No. transporting or shipping hunting trophies for clients or customers. (13) As a U.S. taxidermist receiving a No. Subpart I—Import/Export Licenses U.S. client’s personal hunting trophies and Inspection Fees after import clearance for processing. (14) As a U.S. taxidermist importing wild- Yes. life from or exporting wildlife to foreign SOURCE: 73 FR 74628, Dec. 9, 2008, unless owners who are requesting my serv- otherwise noted. ices. (15) As a foreign owner of wildlife ex- No. porting my personal hunting trophies § 14.91 When do I need an import/ex- from the United States to my home. port license? (16) As a circus for exhibition or resale Yes. purposes. (a) The Endangered Species Act (16 (17) As a Federal, State, municipal, or No. U.S.C. 1538(d)(1)) makes it unlawful for tribal agency. any person to engage in business as an (18) As a public museum, or public sci- No. importer or exporter of certain fish or entific or educational institution for noncommercial research or edu- wildlife without first having obtained cational purposes. permission from the Secretary. For the purposes of this subchapter, engage in § 14.92 What are the exemptions to the business means to import or export import/export license requirement? wildlife for commercial purposes. (a) Certain wildlife. Any person may (b) Except as provided in § 14.92, if engage in business as an importer or you engage in the business of import- exporter of the following types of wild- ing or exporting wildlife for commer- life without obtaining an import/export cial purposes (see § 14.4), you must ob- license: tain an import/export license prior to (1) Shellfish (see § 10.12 of this chap- importing or exporting your wildlife ter) and nonliving fishery products shipment. that do not require a permit under (c) The following table includes some parts 16, 17, or 23 of this subchapter, examples of when an import/export li- and are imported or exported for pur- cense is required: poses of human or animal consumption

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or taken in waters under the jurisdic- (b) Import/export license conditions. In tion of the United States or on the addition to the general permit condi- high seas for recreational purposes; tions in part 13 of this subchapter, you (2) Live farm-raised fish and farm- must comply with the following condi- raised fish eggs of species that do not tions: require a permit under parts 16, 17, or (1) You must comply with all require- 23 of this subchapter, that meet the ments of this part, all other applicable definition of ‘‘bred-in-captivity’’ as parts of this subchapter, and any spe- stated in § 17.3 of this subchapter and cific conditions or authorizations de- that are for export only; and scribed on the face of, or on an annex (3) Live aquatic invertebrates of the to, the import/export license; Class Pelecypoda, commonly known as (2) You must pay all applicable li- oysters, clams, mussels, and scallops, cense and inspection fees as required in and their eggs, larvae, or juvenile § 14.94; forms, that do not require a permit (3) You are responsible for providing under parts 16, 17, or 23 of this sub- current contact information to us, in- chapter, and are exported only for the cluding a mailing address where you purposes of propagation or research re- will receive all official notices the lated to propagation; and Service sends; (4) Pearls that do not require a per- (4) You must keep, in a U.S. location, the following records that completely mit under parts 16, 17, or 23 of this sub- and correctly describe each import or chapter. export of wildlife that you made under (b) Certain persons. (1) The following the import/export license and, if appli- persons may import or export wildlife cable, any subsequent disposition that without obtaining an import/export li- you made of the wildlife, for a period of cense, provided that these persons keep 5 years: records that will fully and correctly de- (i) A general description of the wild- scribe each importation or exportation life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur of wildlife made by them and the subse- garments,’’ ‘‘leather goods,’’ ‘‘foot- quent disposition made by them with wear,’’ or ‘‘jewelry’’; respect to the wildlife. (ii) The quantity of the wildlife, in (i) Public museums, or other public, numbers, weight, or other appropriate scientific, or educational institutions, measure; importing or exporting wildlife for (iii) The common and scientific noncommercial research or educational names of the wildlife; purposes; and (iv) The country of origin of the wild- (ii) Federal, State, tribal, or munic- life, if known, as defined in § 10.12 of ipal agencies. this subchapter; (2) Subject to applicable limitations (v) The date and place the wildlife of law, duly authorized Service officers was imported or exported; at all reasonable times will, upon no- (vi) The date of the subsequent dis- tice, be given access to these persons’ position, if applicable, of the wildlife places of business, an opportunity to and the manner of the subsequent dis- examine their inventory of imported position, whether by sale, barter, con- wildlife or the wildlife to be exported, signment, loan, delivery, destruction, the records described in paragraph (1) or other means; 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

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to your place(s) of business at all rea- § 13.11(d)(4), for any required import/ex- sonable times and give us an oppor- port license processed under § 14.93 and tunity to examine your inventory of part 13 of this subchapter. imported wildlife or the wildlife to be (b) Designated port exception permit ap- exported, the records required to be plication fees. You must pay the appli- kept by paragraph (b)(4) of this section, cation and amendment fees, as defined and an opportunity to copy these in § 13.11(d)(4), for any required des- records subject to applicable limita- ignated port exception permit proc- tions of the law; essed under subpart C of this part. (6) You must submit a report con- (c) Designated port base inspection fees. taining the information you must keep Except as provided in paragraph (k) of in paragraph (b)(4) of this section within 30 days of receiving a written re- this section, an import/export license quest from us; and holder must pay a base inspection fee, (7) An import/export license gives as defined in § 14.94(h)(1), for each wild- you general permission to engage in life shipment imported or exported at a business as an importer or exporter of designated port or a port acting as a wildlife. An import/export license is in designated port. You can find a list of addition to, and does not supersede, designated ports in § 14.12 and the cri- any other license, permit, or require- teria that allow certain ports to act as ment established by Federal, State, or designated ports in §§ 14.16–14.19, § 14.22, tribal law for the import or export of and § 14.24 of this part. wildlife. (d) Staffed nondesignated port base in- (c) Duration of import/export license. spection fees. You must pay a nondes- Any import/export license issued under ignated port base inspection fee, as de- this section expires on the date shown fined in § 14.94(h)(2), for each wildlife on the face of the import/export li- shipment imported or exported at a cense. In no case will the import/export staffed nondesignated port, using a des- license be valid for more than 1 year ignated port exception permit issued after the date of issuance. under subpart C of this part. This fee is (d) Issuance, denial, suspension, rev- in place of, not in addition to, the des- ocation, or renewal of import/export li- ignated port base fee. cense. We may deny, suspend, revoke, restrict, or deny renewal of an import/ (e) Nonstaffed, nondesignated port base export license to any person named as inspection fees. You must pay a nondes- the holder, or a principal officer or ignated port base inspection fee, as de- agent of the holder, under any of the fined in § 14.94(h)(3), for each wildlife criteria described in part 13 of this shipment imported or exported at a chapter or under the following criteria: nonstaffed, nondesignated port using a (1) Failure to pay fees, penalties, or designated port exception permit costs required by this part; issued under subpart C of this part. (2) You repeatedly fail to notify our You must also pay all travel, transpor- Service officers at the appropriate port tation, and per diem costs associated at least 48 hours prior to the estimated with inspection of the shipment. These time of arrival of a live or perishable fees are in place of, not in addition to, wildlife shipment under § 14.54(a) or at the designated port base fee. The Serv- least 48 hours prior to the estimated ice will prorate charges for travel, time of exportation of any wildlife transportation, and per diem costs if under § 14.54(f); multiple importers or exporters require (3) You repeatedly import or export inspection at the same time at the certain types of wildlife without meet- same location. All applicable base and ing the requirements of this part or premium fees apply to each shipment. other applicable parts of this sub- (f) Premium inspection fees. You must chapter. pay a premium inspection fee in addi- § 14.94 What fees apply to me? tion to any base inspection fees re- (a) Import/export license application quired in paragraphs (c), (d), and (e) of fees. You must pay the application and this section, as defined in § 14.94(h)(4), amendment fees, as defined in for the following types of shipments:

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(1) Except as provided in paragraph upon the availability of Service per- (k) of this section, any shipment con- sonnel. If we cannot perform an inspec- taining live or protected species, as de- tion during normal working hours, we fined in § 14.94(h)(4), imported or ex- may give you the option of requesting ported by an import/export license an overtime inspection. holder at a designated port or a port (3) The overtime fee is calculated acting as a designated port. You can using a 2-hour minimum plus any ac- find a list of designated ports in § 14.12 tual time in excess of the minimum. It and the criteria that allow certain incorporates the actual time to con- ports to act as designated ports in duct an inspection and the travel time §§ 14.16–14.19, § 14.22, and § 14.24; to and from the inspection location. (2) Any shipment containing live or (4) The Service will charge any over- protected species, as defined in time, including travel time, in excess § 14.94(h)(4), imported or exported via of the minimum in quarter-hour incre- air, ocean, rail, or truck cargo, by per- ments of the hourly rate. The Service sons not requiring an import/export li- will round up an inspection time of 10 cense under § 14.91, at a designated port minutes or more beyond a quarter-hour or a port acting as a designated port. increment to the next quarter-hour and You can find a list of designated ports will disregard any time over a quarter- in § 14.12 and the criteria that allow hour increment that is less than 10 certain ports to act as designated ports minutes. in §§ 14.16–14.19, § 14.22, and § 14.24; (5) The Service will charge only one (3) Any shipment containing live or overtime fee when multiple shipments protected species, as defined in are consigned to or are to be exported § 14.94(h)(4), imported or exported at a by the same importer or exporter and nondesignated port using a designated we inspect all at the same time at one port exception permit issued under sub- location. The overtime fee will consist part C of this part. (4) You must pay two premium in- of one 2-hour minimum or the actual spection fees in addition to any base time for inspection of all the applicable inspection fees required in paragraphs shipments, whichever is greater. All (c), (d), and (e) of this section, as de- applicable base and premium fees will fined in § 14.94(h)(4), if your wildlife apply to each shipment. shipment contains live and protected (6) We will charge 1 hour of time at species. 11⁄2 times the hourly labor rate for in- (g) Overtime fees. You must pay fees spections beginning less than 1 hour for any inspections, including travel before normal working hours. time, that begin before normal working (7) We will charge a minimum of 2 hours, that extend beyond normal hours of time at an hourly rate of 11⁄2 working hours, or are on a Federal hol- times the average hourly labor rate for iday, Saturday, or Sunday. inspections outside normal working (1) Overtime fees are in addition to hours, except for inspections performed any base inspection fees or premium on a Federal holiday. inspection fees required for each ship- (8) We will charge a minimum of 2 ment. We will charge these fees regard- hours of time at an hourly rate of 2 less of whether or not you have an im- times the average hourly labor rate for port/export license. inspections performed on a Federal (2) Our ability to perform inspections holiday. during overtime hours will depend (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)).

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

(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 (iii) You have not previously bought fee or any portion of any license or in- or sold the wildlife described in para- spection fee or excuse payment of any graph (k)(1)(i) of this section, and the fee because importation, exportation, shipment does not exceed 100 raw furs; or clearance of a wildlife shipment is raw, salted, or crusted hides or skins; refused for any reason. or fur or skin parts; and (j) All base inspection fees, premium (iv) You certify on Form 3–177, Dec- inspection fees, and overtime fees will laration for Importation or Expor- apply regardless of whether or not a tation of Fish or Wildlife, that your physical inspection of your wildlife shipment meets all the criteria in this shipment is performed, and no fees will section. be prorated except as provided in para- (2) You do not have to pay base in- graphs (e) and (g)(5) of this section. spection fees, premium inspection fees, or overtime fees if you are importing (k) Exemptions to inspection fees—(1) or exporting wildlife that is exempt Certain North American-origin wild mam- from import/export license require- mal furs or skins. Wildlife shipments ments as defined in § 14.92(a) or you are that meet all of the following criteria importing or exporting wildlife as a are exempt from the designated port government agency as defined in base inspection fee (however, these § 14.92(b)(1)(ii). shipments are not exempt from the (3) You do not have to pay base in- designated port overtime fees or the spection fees, premium inspection fees, import/export license application fee): or overtime fees if you are importing (i) The wildlife is a raw fur; raw, salt- or exporting wildlife that meets the ed, or crusted hide or skin; or a sepa- criteria for ‘‘domesticated animals’’ as rate fur or skin part, lawfully taken defined in § 14.4. from the wild in the United States, (4) Fee exemption program for low-risk Canada, or Mexico that does not re- importations and exportations—(i) Pro- quire permits under parts 17, 18, or 23 of gram criteria. Businesses that require this chapter; and an import/export license under § 14.93 (ii) You, as the importer or exporter, may be exempt from the designated or a member of your immediate family, port base inspection fee as set forth in such as your spouse, parents, siblings, this paragraph (k)(4)(i). To participate and children, took the wildlife from in this program, you, the U.S. importer the wild and are shipping the wildlife or exporter, must continue to pay the between the United States and Canada overtime fees, the nondesignated port or Mexico; and base fees, or the import/export license

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and nondesignated port application Subpart J—Standards for the Hu- fees, and your business must meet all mane and Healthful Transport of the following conditions: (A) Each shipment does not contain of Wild Mammals and Birds to live wildlife. the United States (B) Each shipment does not contain wildlife that requires a permit or cer- SOURCE: 57 FR 27108, June 17, 1992, unless tificate under parts 15, 17, 18, 20, 21, 22, otherwise noted. or 23 of this chapter or is listed under part 16 of this chapter. § 14.101 Purposes. (C) Each shipment contains 25 or The purpose of this subpart is to pre- fewer wildlife parts and products con- scribe requirements necessary to en- taining wildlife. sure that live wild mammals and birds (D) Each wildlife shipment is valued shipped to the United States arrive at $5,000 or less. alive, healthy, and uninjured, and that (E) Your business has not been as- transportation of such animals occurs sessed a civil penalty, issued a viola- under humane and healthful condition notice, or convicted of any mis- tions. These regulations implement demeanor or felony violations involv- section 9(d) of the Lacey Act Amend- ing the import or export of wildlife. ments of 1981. (F) Your business has had two or fewer wildlife shipments that were re- § 14.102 Definitions. fused clearance in the 5 years prior to In addition to the definitions con- the receipt of your request by the Serv- tained in part 10 of subchapter B of this ice. chapter, in this subpart— (G) Your business has not previously Ambient air temperature means the participated in the program and been temperature of the air surrounding a removed for failure to meet the cri- primary enclosure containing a wild teria. mammal or bird. (ii) Program participation. To partici- Auxiliary ventilation means cooling or pate in the fee exemption program for air circulation provided by such means low-risk importations and expor- as vents, fans, blowers, or air condi- tations, you must use the Service’s tioning. electronic declaration filing system Carrier means any person operating (eDecs) and take the following actions: an airline, railroad, motor carrier, (A) You must certify that you will shipping line, or other enterprise en- exclusively import and export wildlife gaged in the business of transporting shipments that meet all the criteria in any wild mammal or bird for any pur- paragraph (k)(4)(i) of this section and pose including exhibition and for any renew this certification annually. Upon person, including itself. completion of the certification and re- Communicable disease means any con- view of the criteria by the Service, tagious, infectious, or transmissible eDecs will notify you if you have been disease of wild mammals or birds. approved to participate in the program. Conveyance means any vehicle, ves- (B) You must continue to meet the sel, or aircraft employed to transport criteria in paragraph (k)(4)(i) of this an animal between its origin and des- section while participating in the pro- tination. gram. If you fail to meet the criteria Do not tip means do not excessively after approval, you will be removed rock or otherwise move from a vertical from the program and must pay all ap- to a slanting position, knock over, or plicable fees. upset. (C) If approved to participate in the Handle means feed, manipulate, program you must file FWS Form 3–177 crate, shift, transfer, immobilize, re- and all required accompanying docu- strain, treat, or otherwise control the ments electronically using eDecs for movement or activities of any wild each shipment and meet all other re- mammal or bird. quirements of this part. Holding area means a designated area [73 FR 74628, Dec. 9, 2008, as amended at 77 at or within a terminal facility that FR 65326, Oct. 26, 2012] has been specially prepared to provide

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shelter and other requirements of wild gardless of the purpose of such trans- mammals or birds being transported to port; e.g., exporter, importer, or agent. the United States and in which such Terrestrial mammals means mammals mammals or birds are maintained prior other than marine mammals. to, during, or following such shipment. Transport means to move, convey, Kept clean means maintained free carry, or ship by any means, or to de- from dirt, trash, refuse, excreta, re- liver or receive for the purpose of mains from other cargo, and impurities movement, carriage, or shipment, by of any type. air, land, or sea. Marine mammal means an individual Transporting device means any vehicle of a species of the orders Cetacea, or device used to transport an animal Pinnipedia, or Sirenia, or a polar bear between a conveyance and a terminal (Ursus maritimus) or sea otter (Enhydra facility, in and around a terminal facil- lutris). ity of a carrier, or within a convey- Noncompatible means not capable of ance. existing together in harmony. Nonhuman primate means any Unweaned means a bird or mammal nonhuman member of the order Pri- incapable of feeding itself independ- mates. ently. Normal rigors of transportation means Wild means the same as fish or wild- the stress that a wild animal can be ex- life, as defined in § 10.12 of this chapter. pected to experience as a result of exposure to unaccustomed surroundings, § 14.103 Prohibitions. unfamiliar confinement, caging, unfa- Unless the requirements of this sub- miliar sounds, motion, and other condi- part are fully satisfied and all other tions commonly encountered during legal requirements are met, it is un- transport. lawful for any person to transport to Primary enclosure means any struc- the United States, cause to be trans- ture used to restrict a mammal or bird ported to the United States, or allow to to a limited amount of space, such as a be transported to the United States cage, room, pen, run, stall, pool, or any live wild mammal or bird. It shall hutch. be unlawful for any person to import, Professionally accepted standards to transport, or to cause or permit to means a level of practice established as be transported to the United States acceptable by a body of qualified per- any wild mammal or bird under inhu- sons of the veterinary medical profes- mane or unhealthful conditions or in sion. violation of this subpart J. Psychological trauma means an epi- sode of exposure to stressful conditions § 14.104 Translations. resulting in significant behavioral ab- Any certificate or document required normality including, but not limited by this subpart to accompany a mam- to, manifestations of unaccustomed ag- gressiveness, self-mutilation, or refusal mal or bird transported to the United of food or water. States and written in a foreign lan- Raptor means a live migratory bird of guage must be accompanied by an ac- the order Falconiformes or the order curate English translation. Strigiformes. § 14.105 Consignment to carrier. Sanitize means to make physically clean and, as far as possible, free of (a) No carrier shall accept any live toxic or infectious agents injurious to wild mammal or bird for transport to the health of wild mammals or birds. the United States that has not been ex- Scheduled departure time means the amined within 10 days prior to com- time listed on a timetable of depar- mencement of transport to the United tures and arrivals or, in the absence of States by a veterinarian certified as a timetable, the time of departure qualified by the national government agreed to by a carrier and shipper. of the initial country from which the Shipper means any person, other than mammal or bird is being exported. If a carrier, involved in the transport of the national government of such coun- wild animals to the United States re- try does not certify veterinarians, then

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the veterinarian must be certified or li- shall be in possession of or have ready censed by a local government author- access to all medications to be admin- ity designated by the national govern- istered during the transport. ment as authorized to certify veteri- (d) No carrier shall accept any wild narians. mammal or bird for transport to the (b)(1) A certificate of veterinary med- United States presented by the shipper ical inspection, signed by the exam- less than 2 hours or more than 6 hours ining veterinarian, stating that the prior to the scheduled departure of the animal has been examined, is healthy, conveyance on which it is to be trans- appears to be free of any communicable ported. The carrier shall notify the disease, and is able to withstand the crew of the presence of live animal normal rigors of transport must ac- shipments. company the mammal or bird; the certificate should include the veterinar- § 14.106 Primary enclosures. ian’s license number, certification No carrier shall accept for transport number, or equivalent. A mammal in to the United States any live wild the last third of its pregnancy, if this mammal or bird in a primary enclosure is detectable using professionally ac- that does not conform to the following cepted standards, shall not be accepted requirements: for transport to the United States ex- (a) The Container Requirements of cept for medical treatment and unless the Live Animal Regulations (LAR), the examining veterinarian certifies in 20th edition, October 1, 1993, published writing that the animal has been exam- by the International Air Transport As- ined, the state of pregnancy has been sociation (IATA) shall be complied evaluated, and that, despite the med- with by all parties transporting wild ical condition requiring treatment, the mammals or birds to the United animal is physically able to withstand States. The incorporation by reference the normal rigors of transportation to of the LAR was approved by the Direc- the United States. tor of the Federal Register in accord- (2) A nursing mother with young, an ance with 5 U.S.C. 552(a) and 1 CFR unweaned mammal unaccompanied by part 51. Copies may be obtained from its mother, or an unweaned bird shall IATA, 2000 Peel St., Montreal, Quebec, be transported only if the primary pur- Canada H3A 2R4. Copies may be in- pose is for needed medical treatment spected at the U.S. Fish and Wildlife and upon certification in writing by Service Headquarters (see 50 CFR 2.1(b) the examining veterinarian that the for address) or at the National Ar- treatment is necessary and the animal chives and Records Administration is able to withstand the normal rigors (NARA). For information on the avail- of transport. Such an unweaned mam- ability of this material at NARA, call mal or bird shall not be transported to 202–741–6030, or go to: http:// the United States for medical treat- www.archives.gov/federallregister/ ment unless it is accompanied at all codeloflfederallregulations/ times by and completely accessible to ibrllocations.html. a veterinary attendant. (b) A primary enclosure shall be con- (c) A sick or injured wild mammal or structed so that— bird shall be permitted transport to the (1) The strength of the enclosure is United States only if the primary pur- sufficient to contain the mammal or pose of such transport is for needed bird and to withstand the normal ef- medical treatment and upon certifi- fects of transport; cation in writing by the examining vet- (2) The interior of the enclosure is erinarian that the treatment is nec- free from any protrusion that could be essary and the animal is able to with- injurious to the mammal or bird withstand the normal rigors of travel in its in; present condition. A sick or injured (3) No part of the animal can extend animal shall be accompanied at all or protrude outside of the primary en- times throughout the transport process closure which may result in injury to 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;

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(4) Access to the primary enclosure is (e) An enclosure shall have a solid, closed and secured with an animal- leak-proof bottom or removable, leak- proof device designed to prevent acci- proof collection tray under a slatted or dental opening and release of the mam- wire mesh floor. The slatted or wire mal or bird; mesh floor shall be designed and con- (5) The opening of the enclosure is structed so that the spaces between the easily accessible for either emergency slats or the holes in the mesh cannot removal or inspection of the mammal trap the limbs of animals contained or bird by authorized personnel with- within the enclosure. An enclosure for out the risk of escape of the mammal mammals shall contain unused absorb- or bird; ent litter on the solid bottom or in the (6) The enclosure has sufficient open- leak-proof tray in sufficient quantity ings to ensure adequate circulation of to absorb and cover excreta. This litter air at all times. shall be safe and nontoxic and shall not (7) The material of which the pri- resemble food normally consumed by mary enclosure is constructed is not the mammals. An enclosure used to treated with any paint, preservative, or transport marine mammals in water, other chemical that is injurious or oth- in a waterproof enclosure, a sling, or erwise harmful to the health or well- on foam is exempt from the require- being of mammals and birds. ment to contain litter. An enclosure (c) Unless the enclosure is perma- used to transport birds shall not con- nently affixed in the conveyance or has tain litter, unless it is specified in an open top for certain large mammals, writing by the examining veterinarian spacer bars allowing circulation of air as medically necessary. around the enclosure shall be fitted to (f) If an enclosure has been pre- the exterior of its top, sides, and base. viously used to transport or store wild Spacer bars on an enclosure need ex- mammals or birds, it shall have been tend no more than 6 inches (15 centi- cleaned and sanitized in a manner that meters) from the surface of the enclo- will destroy pathogenic agents and sure. Within this 6 inch limit, the spac- pests injurious to the health of mam- ers on an enclosure containing one animals and birds before the enclosure can mal shall extend a distance equal to at be re-used. least 10 percent of the longer dimen- (g) An enclosure that is not perma- sion of the surface to which they are nently affixed in the conveyance shall attached, and the spacers on an enclo- be clearly marked in English on the sure containing more than one animal outside of the top and one or more shall extend a distance equal to at sides of the enclosure, in letters not least 20 percent of the longer dimen- less than 2.5 centimeters (1 inch) in sion of the surface to which they are height, ‘‘Live Animals’’ or ‘‘Wild Ani- attached. Hand-holds may serve as mals’’, ‘‘Do Not Tip,’’ ‘‘Only Author- spacer bars for the sides of the enclo- ized Personnel May Open Container,’’ sure to which they are attached. A pri- and other appropriate or required in- mary enclosure constructed with one structions. All enclosure sides shall or more slanted or curved walls con- also be conspicuously marked on the taining ventilation openings need not outside with arrows to indicate the be fitted with spacer bars on such correct upright position of the enclo- walls. sure. These arrows should extend up (d) An enclosure that is not perma- the sides of the enclosure so that the nently affixed within the conveyance point of the arrow is visible and clearly shall have adequate hand-holds or indicates the top of the enclosure. other devices for lifting by hand or to (h) Food and water instructions as facilitate lifting and carrying by ma- specified in § 14.108, information regard- chine. Such hand-holds or other devices ing what constitutes obvious signs of shall be made an integral part of the stress in the species being transported, enclosure, shall enable it to be lifted and information about any drugs or without excessive tipping, and shall be medication to be administered by the 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

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accompanying the shipment shall also (d) The interior of an animal cargo be securely attached to the primary en- space shall be kept clean of disease- closure. Original documents shall be causing agents. carried in the carrier’s pouch or mani- (e) A wild mammal or bird shall not fest container or by the shipper’s at- be transported in a cargo space that tendant accompanying the wild mam- contains any material, substance, or mal or bird. device that may reasonably be ex- (i) Any food and water troughs shall pected to result in inhumane condi- be securely attached to the interior of tions or be injurious to the animal’s the enclosure in such a manner that health unless all reasonable pre- the troughs can be filled from outside cautions are taken to prevent such the enclosure. Any opening providing conditions or injury. access to a trough shall be capable of § 14.108 Food and water. being securely closed with an animal- proof device. A water trough in an en- (a) No carrier shall accept any wild closure containing birds shall contain a mammal or bird for transport to the foam or sponge insert, a perforated United States unless written instruc- wooden block, or other suitable device tions from the shipper concerning the to prevent spillage or drowning. animal’s food and water requirements are securely affixed to the outside of (j) When a primary enclosure is per- its primary enclosure. Such instruc- manently affixed within a conveyance tions shall be consistent with profes- so that its front opening is the only sionally accepted standards of care and source of ventilation, the opening shall include specifically the quantity of face the outside of the conveyance or water required, the amount and type of an unobstructed aisle or passageway food required, and the frequency of within the conveyance. Such an aisle feeding and watering necessary to en- or passageway shall be at least 12 sure that the animal is transported hu- inches (30 centimeters) wide. The open- manely and healthfully. ing in the primary enclosure shall oc- (b) A mammal or bird requiring cupy at least 90 percent of the total drinking water shall have surface area of the front wall of the en- uncontaminated water suitable for closure and be covered with bars or drinking made available to it at all wire mesh. times prior to commencement of trans- [57 FR 27108, June 17, 1992, as amended at 59 port to the United States, during inter- FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, mediate stopovers, and upon arrival in 2004; 79 FR 43964, July 29, 2014] the United States, or as directed by the shipper’s written instructions. § 14.107 Conveyance. (c) A mammal or bird that obtains moisture from fruits or other food shall (a) The animal cargo space of a con- be provided such food prior to com- veyance used to transport wild mam- mencement of transport to the United mals or birds to the United States shall States, during stopovers, and upon ar- be designed, constructed, and main- rival in the United States, or as di- tained so as to ensure the humane and rected by the shipper’s written instruc- healthful transport of the animals. tions. (b) The cargo space shall be con- (d) During a stopover or while still in structed and maintained so as to pre- the custody of the carrier after arrival vent the harmful ingress of engine ex- in the United States, a mammal or bird haust fumes and gases produced by the in transit shall be observed no less fre- conveyance. quently than once every four hours and (c) No wild mammal or bird shall be given food and water according to the placed in a cargo space of a conveyance instructions required by § 14.108(a). that does not provide sufficient air for (e) Suitable and sufficient food shall it to breathe normally. Primary enclo- be made available during transport. sures shall be positioned in a cargo (f) Additional requirements for feed- space in such a manner that each ani- ing and watering particular kinds of mal has access to sufficient air for nor- animals are found below in the speci- mal breathing. fications for the various groups.

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§ 14.109 Care in transit. § 14.110 Terminal facilities. (a) During transportation to the (a) Any terminal facility used for United States, including any stopovers wild mammal or bird transport in the during transport, the carrier shall vis- country of export, stopover countries, ually inspect each primary enclosure or the United States shall contain an not less than once every 4 hours, or in animal holding area or areas. No car- the case of air transport, every 4 hours rier or shipper shall co-mingle live ani- whenever the cargo hold is accessible. mal shipments with inanimate cargo in During such inspections, the carrier an animal holding area. shall verify that the ambient air tem- (b) A carrier or shipper holding any perature is within allowable limits (see wild mammal or bird in a terminal fa- § 14.109(b)), that enclosures have not cility shall provide the following: been damaged, that adequate ventila- (1) A holding area cleaned and sani- tion is being provided, and when trans- tized so as to destroy pathogenic port is by air, that air pressure suit- agents, maintained so that there is no able to support live animals is main- accumulation of debris or excreta, and tained within the cargo area (pressure in which vermin infestation is mini- equivalent to a maximum altitude of mized; 8000 feet). During these observations (2) An effective program for the con- the carrier shall also determine wheth- trol of insects, ectoparasites, and pests er any animals are in obvious distress of mammals or birds; as described in documents attached to (3) Sufficient fresh air to allow the the enclosure. The absence of such a animals to breathe normally with ven- document or the absence of informa- tilation maintained so as to minimize tion as to signs of distress shall not re- drafts, odors, and moisture condensa- move this responsibility. The carrier tion; shall attempt to correct any condition (4) Ambient air temperatures main- causing distress and shall consult the tained within prescribed limits as spec- shipper concerning any possible need ified in § 14.109(b). for veterinary care if no veterinary attendant is traveling with the shipment; § 14.111 Handling. if the shipper cannot be reached in the (a) Care shall be exercised to avoid case of an emergency, qualified veteri- handling the primary enclosure in a nary care should be provided. A veteri- manner likely to cause physical or psy- narian or qualified attendant traveling chological trauma to the mammal or with the shipment shall be provided ac- bird. cess to the animal. (b) A primary enclosure used to move (b) Unless otherwise specified in writ- any mammal or bird shall not be ing by the examining veterinarian the dropped, tipped excessively, or other- ambient air temperature in a holding wise mishandled, and shall not be area, transporting device, conveyance stacked or placed in a manner that or terminal facility containing mam- may reasonably be expected to result mals or birds shall not be allowed to in its falling or being tipped. fall below 12.8 degrees C (55 degrees F) (c) Animals incompatible with one nor to exceed 26.7 degrees C (80 degrees another shall not be crated together or F). Auxiliary ventilation shall be pro- held in close proximity. vided when the ambient air tempera- (d) Transport of mammals or birds to ture is 23.9 degrees C (75 degrees F) or the United States shall be accom- higher. In the case of penguins and plished by the carrier in the most expe- auks, the ambient air temperature ditious manner, with the fewest stop- shall not be allowed to exceed 18.3 de- overs possible, and without unneces- grees C (65 degrees F) at any time, and sary delays. auxiliary ventilation shall be provided (e) Consistent with other procedures when the ambient air temperature ex- and requirements of the carrier, live ceeds 15.6 degrees C (60 degrees F). In wild mammals or birds shall be last the case of polar bears and sea otters, loaded and first unloaded from a con- ambient air temperature shall not be veyance. allowed to exceed 10 degrees C (50 de- (f) A carrier shall not allow mammals grees F). or birds to remain for extended periods

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of time outside a holding area and shall (b) A primary enclosure used to move them between a holding area and transport a primate shall be large a conveyance as expeditiously as pos- enough to ensure that the animal has sible. A carrier or shipper maintaining sufficient space to turn around freely mammals or birds in a holding area, or in a normal manner, lie down, stand up transporting them to or from a holding (as appropriate for the species), and sit area or between a holding area and a in a normal upright position without conveyance, shall provide the fol- its head touching the top of the enclo- lowing: sure. However, a primate may be re- (1) Shelter from sunlight. When sun- stricted in its movements according to light is likely to cause overheating or professionally accepted standards of discomfort, sufficient shade shall be care when greater freedom of move- provided to protect animals from the ment would constitute a danger to the direct rays of the sun. primate or to its handler or other per- (2) Shelter from precipitation. Ani- sons. mals shall be provided protection so (c) Except as provided in § 14.106(j), that they remain dry during rain, ventilation openings must be located snow, or other forms of precipitation. on at least two walls of a primary enclosure. When the required ventilation (3) Shelter from cold. Animals shall openings are located on two opposite be provided protection from cold. Pro- walls of the primary enclosure, these tection shall include, but not be lim- ventilation openings shall comprise at ited to, that provided by covering and/ least 30 percent of the total surface or heating of transporting devices, area of the ventilated wall and be situ- holding areas, conveyances or terminal ated above the midline of the enclo- facilities. sure. If ventilation openings are lo- (4) Protection from harassment. Ani- cated on all four walls of the enclosure, mals shall be protected from disturb- the openings on each wall shall com- ances, including, but not limited to, prise at least 20 percent of the total harassment by humans, other animals, surface area of the wall and be situated or machinery that makes noise, emits above the midline of the primary en- fumes, heat, or light, or causes vibra- closure. tion. § 14.122 Food and water. § 14.112 Other applicable provisions. (a) A nonhuman primate shall be pro- In addition to the provisions of vided water suitable for drinking with- §§ 14.101–14.111, the requirements of in 4 hours prior to commencement of §§ 14.121–14.172 applicable for particular transport to the United States unless groups of animals shall be met for all the shipper’s written instructions di- shipments of wild mammals and birds rect otherwise. A carrier shall provide covered by this part. suitable drinking water to any primate at least every 12 hours after acceptance SPECIFICATIONS FOR NONHUMAN for transport to the United States, un- PRIMATES less instructed in writing to do so more frequently by the shipper. § 14.121 Primary enclosures. (b) After acceptance for transport, (a) No more than one primate shall and unless otherwise instructed in be transported in a primary enclosure. writing by the shipper, a carrier shall However, a mother and her nursing provide suitable food to any nonhuman young being transported to the United primate at least once every 12 hours. States for medical treatment, an established male-female pair, a family § 14.123 Care in transit. group, a pair of juvenile animals that (a) A primate shall be observed for have not reached puberty, or other signs of distress and given food and pairs of animals that have been habit- water according to the shipper’s in- ually housed together may be shipped structions during any intermediate in the same primary enclosure. Pri- stop that lasts more than 4 hours. mates of different species shall not be (b) Care shall be taken to keep enclo- shipped together in the same enclosure. sures containing primates sufficiently

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separated in the conveyance or holding professionally accepted standards of area to minimize the risk of spread of care when freedom of movement would disease from one species or shipment to constitute a danger to the animal or to another. handlers or other persons. (e) All marine mammals contained in SPECIFICATIONS FOR MARINE MAMMALS a given primary enclosure shall be of (CETACEANS, SIRENIANS, SEA OTTERS, the same species and be maintained in PINNIPEDS, AND POLAR BEARS) compatible groups. A marine mammal that has not reached puberty shall not § 14.131 Primary enclosures. be transported in the same primary en- (a) A primary enclosure that is not closure with an adult marine mammal open on top shall have air inlets situ- other than its mother. Socially depend- ated at heights that provide cross ven- ent animals (e.g., siblings, mother, and tilation at all levels and that are lo- offspring) transported in the same con- cated on all four sides of the enclosure. veyance shall be allowed visual and, Such ventilation openings shall com- when appropriate for the species, olfac- prise not less than 20 percent of the tory contact. A female marine mam- total surface area of each side of the mal shall not be transported in the enclosure. same primary enclosure with any ma- (b) Straps, slings, harnesses, or other ture male marine mammal. such devices used for body support or restraint when transporting marine § 14.132 Food and water. mammals such as cetaceans or sire- A marine mammal shall not be trans- nians shall meet the following require- ported for more than a period of 36 ments: hours without being offered suitable (1) The devices shall not prevent at- food unless the shipper’s written in- tendants from having access to the structions or the shipper’s attendant mammal to administer care during travelling with the mammal direct transportation; otherwise. After feeding, a marine (2) The devices shall be equipped with mammal shall be rested for 6 hours sufficient padding to prevent trauma or prior to resuming transport. injury at points of contact with the mammal’s body; § 14.133 Care in transit. (3) Slings or harnesses shall allow (a) Any marine mammal shall be ac- free movement of flippers outside of companied, in the same conveyance, by the harness or sling; the shipper or an authorized represent- (4) The devices shall be capable of ative of the shipper knowledgeable in preventing the mammal from thrash- marine mammal care to provide for the ing about and causing injury to itself, animal’s health and well-being. The handlers, or other persons, but shall be shipper or representative shall observe designed so as not to cause injury to such marine mammals to determine the mammal. whether or not they need veterinary (c) A primary enclosure used to care and shall provide or obtain any transport marine mammals shall be needed veterinary care as soon as pos- large enough to assure the following: sible. Care during transport shall in- (1) A sea otter or polar bear has suffi- clude the following (on a species-spe- cient space to turn about freely with cific basis): all four feet on the floor and to sit in (1) Keeping the skin moist or pre- an upright position, stand, or lie in a venting the drying of the skin by such natural position; methods as covering with wet cloths, (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

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(4) Calming the mammal to prevent the same primary enclosure if the ship- struggling, thrashing, and other activ- ment complies with the provisions of ity that may cause overheating or § 14.105(b); in the case of land or sea physical trauma. transport, a pair of juvenile elephants (b) Unless otherwise directed by a or ungulates or other pairs that have shipper or authorized representative, been habitually housed together may at least one-half of the floor area in a be shipped in the same primary enclo- primary enclosure used to transport sure. sea otters to the United States shall (c) A primary enclosure used to contain sufficient crushed ice or ice transport an elephant or ungulate shall water to provide each otter with mois- be large enough to allow the animal to ture necessary to maintain its hair lie or stand in a natural upright posi- coat by preventing it from drying and tion with the head extended, but not to minimize soiling of the hair coat large enough for the animal to roll with urine and fecal material. over. (c) A marine mammal exhibiting ex- (d) A primary enclosure used to cited or otherwise dangerous behavior transport an elephant or ungulate with shall not be taken from its primary en- horns or tusks shall be designed and closure except under extreme emer- constructed to prevent the horns or gency conditions and then only by the tusks from becoming trapped or injur- shipper or other authorized individual ing the animal itself, other animals who is capable of handling the animal nearby, attendants, or cargo handlers. safely. (e) A primary enclosure for an elephant or ungulate shall be equipped SPECIFICATIONS FOR ELEPHANTS AND with a removable water trough that UNGULATES can be securely hung within the enclosure above the floor and can be filled § 14.141 Consignment to carrier. from outside the enclosure. Species that grow antlers shall not be accepted for transport unless the SPECIFICATIONS FOR SLOTHS, BATS, AND antlers have been shed or surgically re- FLYING LEMURS (CYNOCEPHALIDAE) moved. § 14.151 Primary enclosures. § 14.142 Primary enclosures. (a) Except as provided in § 14.106(j), (a) Except as provided in § 14.106(j), ventilation openings must be located ventilation openings must be located on at least two walls of a primary en- on at least two walls of a primary enclosure. When the required ventilation closure. When the required ventilation openings are located on two opposite openings are located on two opposite walls of the primary enclosure, these walls of the primary enclosure, these ventilation openings shall comprise at ventilation openings shall comprise at least 16 percent of the total surface least 16 percent of the total surface area of the ventilated wall. When ven- area of each ventilated wall. When ventilation openings are located on all tilation openings are located on all four walls, the openings shall comprise four walls of the primary enclosure, at least 8 percent of the total surface the openings shall comprise at least 8 area of each wall. At least one-third of percent of the total surface area of the total minimum area required for each wall. At least one-third of the ventilation of the primary enclosure minimum area required for ventilation shall be located on the upper one-half shall be located on the lower one-half of the primary enclosure. 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

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have been habitually housed together minimum space for transporting ro- may be shipped in the same primary dents that fall within the specified enclosure. weight limitations. Max. No. refers to (c) A primary enclosure used to maximum number per primary enclo- transport sloths, bats, or flying lemurs sure; Space/animal refers to minimum shall be large enough to ensure that area of floor space per animals. Ro- each animal has sufficient space to dents weighing more than 5,000 grams move freely and in a normal manner shall be transported in individual en- and shall have a wide perch, bar, or closures. mesh of suitable strength fitted under the top of the enclosure and spaced DENSITY GUIDELINES FOR RODENTS from it in such a way that the animals Space/Animal Ht. of may hang from it freely in a natural Max. Box position. No. 2 2 cm in cm in

SPECIFICATIONS FOR OTHER wt. in grams of rodent: TERRESTRIAL MAMMALS 220 or less ...... 20 194 30 15 6 220–450 ...... 12 388 60 20 8 § 14.161 Primary enclosures. 450–1000 ...... 6 770 120 25 10 (a) Except as provided in § 14.106(j), 1,000–5,000 ...... 2 2,310 360 30 12 ventilation openings must be located (d) A primary enclosure used to on at least two walls of a primary en- transport terrestrial mammals shall be closure. When the required ventilation large enough to ensure that each ani- openings are located on two opposite mal has sufficient space to turn around walls of the primary enclosure, these freely in a normal manner. The height ventilation openings shall comprise at of the primary enclosure shall provide least 16 percent of the total surface adequate space for the animal to stand area of each ventilated wall. When upright in a normal posture with space openings are located on all four walls above its head. The length of the pri- of the enclosure, the openings shall mary enclosure shall be great enough comprise at least 8 percent of the total to enable the animal to lie in a full surface area of each wall. At least one- prone position. third of the minimum area required for ventilation shall be located on the SPECIFICATIONS FOR BIRDS lower one-half of the enclosure, and at least one-third of the total minimum § 14.171 Consignment to carrier. area required for ventilation shall be located on the upper one-half of the en- (a) A personally owned pet bird origi- closure. nally transported from the United (b) No more than one terrestrial States and being returned to this coun- mammal (other than rodents) shall be try with its original United States cer- transported in a primary enclosure. tificate of veterinary inspection within However, a mother and her nursing 60 days of departure may be accepted young may be shipped in the same pri- by a carrier without a new veterinary mary enclosure if the shipment com- examination. plies with the provisions of § 14.105(b). (b) No carrier shall accept for trans- (c) More than one rodent may be port to the United States any bird that transported in the same primary enclo- was captured in the wild unless a quali- sure if they are members of the same fied veterinarian, authorized by the na- species and are maintained in compat- tional government of the country from ible groups. Rodents that are incom- which the bird is being exported, cer- patible shall be transported in indi- tifies that the bird has been held in vidual primary enclosures that are captivity for at least 14 days. stored and transported so they are vis- ually separated. A female with young § 14.172 Primary enclosures. being transported for medical reasons (a) A primary enclosure for birds shall not be placed in a primary enclo- shall have ventilation openings on two sure with other animals. The following vertical sides that comprise at least 16 chart specifies maximum densities percent of the surface area of each side

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and are positioned so as to decrease the § 14.250 What is the purpose of these likelihood of creating a draft. regulations? (b) Perches shall be provided for birds The regulations in this subpart im- that rest by perching. The diameter of plement the Captive Wildlife Safety the perch shall be sufficient to permit Act (CWSA), 117 Stat. 2871, which the birds to maintain a firm, com- amended the Lacey Act Amendments fortable grip. Perches shall be placed of 1981, 16 U.S.C. 3371–3378, by adding so that droppings do not fall into food paragraphs 2(g), 3(a)(2)(C), and 3(e) (16 or water troughs or onto other perched U.S.C. 3371, 3372). birds. There shall be enough head room to allow the birds to move onto and off § 14.251 What other regulations may the perches without touching the top apply? of the enclosure. The provisions of this subpart are in (c) An enclosure used to transport addition to, and are not in place of, one or more birds that rest by perching other regulations of this subchapter B shall be large enough to ensure that that may require a permit or describe sufficient perch space is available for additional restrictions or conditions all birds to perch comfortably at the for the importation, exportation, same time. No more than 50 birds that transportation, sale, receipt, acquisi- rest by perching shall be transported in tion, or purchase of wildlife in inter- one primary enclosure, with the excep- state or foreign commerce. tion of large birds (longer than 23 cm, or 9 inches), which are limited to a § 14.252 What definitions do I need to maximum of 25 per primary enclosure. know? (d) A primary enclosure used to In addition to the definitions con- transport a raptorial bird shall be large tained in part 10 of this subchapter, enough to transport the bird com- and unless the context otherwise re- fortably and to permit it to turn quires, in this subpart: around without stretching its wings to Accredited wildlife sanctuary means a the fullest extent. Only one raptorial facility that cares for live specimens of bird shall be contained in a primary en- one or more of the prohibited wildlife closure. species and: (e) A primary enclosure containing (1) Is approved by the United States nonraptorial birds that do not rest by Internal Revenue Service as a corpora- perching shall be large enough for the tion that is exempt from taxation birds to turn around, to lie down, to under § 501(a) of the Internal Revenue stand erect, and to change posture in a Code of 1986, which is described in normal manner. §§ 501(c)(3) and 170(b)(1)(A)(vi) of that (f) Nectar-feeding birds shall either code; be transported in a primary enclosure (2) Does not commercially trade in equipped with feeding bottles acces- prohibited wildlife species, including sible from outside the enclosure for re- offspring, parts, and products; plenishment or hand-carried and fed in (3) Does not propagate any of the pro- accordance with the written instruc- hibited wildlife species; and tions of the shipper. (4) Does not allow any direct contact (g) Birds transported in the same pri- between the public and the prohibited mary enclosure shall be of the same wildlife species. species and be compatible with one an- Direct contact means any situation in other. Birds that are incompatible which any individual other than an au- shall be placed in individual primary thorized keeper or caregiver may po- enclosures and these enclosures shall tentially touch or otherwise come into not be stored or transported in visual physical contact with any live speci- proximity to one another. men of the prohibited wildlife species. Licensed person means any individual, Subpart K—Captive Wildlife Safety facility, agency, or other entity that Act holds a valid license from and is inspected by the U.S. Department of Ag- SOURCE: 72 FR 45946, Aug. 16, 2007, unless riculture’s Animal and Plant Health otherwise noted. Inspection Service (APHIS) under the

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Animal Welfare Act (AWA) (7 U.S.C. to be accredited under this subpart, a 2131 et seq.) (See definition of ‘‘li- wildlife sanctuary agrees to allow ac- censee’’ in 9 CFR 1.1.). cess to its facilities and its prohibited Prohibited wildlife species means a wildlife specimens by Service officials specimen of any of the following eight at reasonable hours. species: Lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera § 14.255 Are there any exemptions to pardus), snow leopard (Uncia uncia), the restrictions contained in these clouded leopard (Neofelis nebulosa), jag- regulations? uar (Panthera onca), cheetah (Acinonyx The prohibitions of § 14.253 do not jubatus), and cougar (Puma concolor) or apply to: any hybrids resulting from the breed- (a) A licensed person or registered ing of any combination of any of these person; species, for example, a liger (a male (b) A State college, university, or lion and a female tiger) or a tiglon (a agency; male tiger and a female lion), whether (c) A State-licensed wildlife naturally or artificially produced. Propagate means to allow or facili- rehabilitator; tate the production of offspring of any (d) A State-licensed veterinarian; of the prohibited wildlife species, by (e) An accredited wildlife sanctuary; any means. or Registered person means any indi- (f) A person who: vidual, facility, agency, or other entity (1) Can produce documentation show- that is registered with and inspected ing that he or she is transporting live by APHIS under the AWA (See defini- prohibited wildlife species between per- tion of ‘‘registrant’’ in 9 CFR 1.1.). sons who are exempt from the prohibitions in § 14.253; and § 14.253 What are the restrictions con- (2) Has no financial interest in the tained in these regulations? prohibited wildlife species other than Except as provided in § 14.255, it is un- payment received for transporting lawful for any person to import, ex- them. port, transport, sell, receive, acquire, or purchase, in interstate or foreign commerce, any live prohibited wildlife PART 15—WILD BIRD species. CONSERVATION ACT

§ 14.254 What are the requirements Subpart A—Introduction and General contained in these regulations? Provisions

In order to qualify for the exemption Sec. in § 14.255, an accredited wildlife sanc- 15.1 Purpose of regulations. tuary must maintain complete and ac- 15.2 Scope of regulations. curate records of any possession, trans- 15.3 Definitions. portation, acquisition, disposition, im- 15.4 Information collection requirements. portation, or exportation of the prohibited wildlife species covered by the Subpart B—Prohibitions and Requirements CWSA. These records must be up to date, and must include the names and 15.11 Prohibitions. addresses of persons to or from whom 15.12 Requirements. any prohibited wildlife species has been 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. records for Service officials, if re- 15.26 Approval of cooperative breeding pro- quested. In addition, by declaring itself grams.

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Subpart D—Approved List of Species Listed lected, including the methodologies in the Appendices to the Convention used; names and institutions of individuals conducting the work; dates and lo- 15.31 Criteria for including species in the cations of any study; and any published approved list for captive-bred species. 15.32 Criteria for including species in the results or reports from the work. approved list for non-captive-bred spe- Exotic bird means any live or dead cies. member of the Class Aves that is not 15.33 Species included in the approved list. indigenous to the 50 States or the Dis- trict of Columbia, including any egg or Subpart E—Qualifying Facilities Breeding offspring thereof, but does not include Exotic Birds in Captivity domestic poultry, dead sport-hunted 15.41 Criteria for including facilities as birds, dead museum specimens, dead qualifying for imports. [Reserved] scientific specimens, products manu- 15.42 List of foreign qualifying breeding fa- factured from such birds, or birds in cilities. [Reserved] any of the following families: Phasianidae. Numididae, Cracidae, Subpart F—List of Prohibited Species Not Meleagrididae, Megapodiidae, Listed in the Appendices to the Con- Anatidae, Struthionidae Rheidae, vention Dromaiinae, and Gruidae. 15.51 Criteria for including species and Indigenous means a species that is countries in the prohibited list. [Re- naturally occurring, not introduced as served] a result of human activity, and that 15.52 Species included in the prohibited list. currently regularly inhabits or breeds [Reserved] in the 50 States or the District of Co- 15.53 Countries of export included in the prohibited list. [Reserved] lumbia. Life cycle means the annual processes AUTHORITY: 16 U.S.C. 4901–4916. involved with breeding, migration, and SOURCE: 58 FR 60536, Nov. 16, 1993, unless all other non-breeding activities. otherwise noted. Person means an individual, corporation, partnership, trust, association, or Subpart A—Introduction and any other private entity; or any offi- General Provisions cer, employee, agent, department, or instrumentality of the Federal Govern- § 15.1 Purpose of regulations. ment, of any State, municipality, or The regulations in this part imple- political subdivision of a State, or of ment the Wild Bird Conservation Act any foreign government; any State, of 1992, Pub. L. 102–440, 16 U.S.C. 4901– municipality, or political subdivision 4916. of a State; or any other entity subject to the jurisdiction of the United § 15.2 Scope of regulations. States. (a) The regulations in this part apply Species means any species, any sub- to all species of exotic birds, as defined species, or any district population seg- in section 15.3. ment of a species or subspecies, and in- (b) The provisions in this part are in cludes hybrids of any species or sub- addition to, and are not in lieu of, species. Hybrids will be treated accord- other regulations of this subchapter B ing to the more restrictive appendix or that may require a permit or prescribe category in which either parental spe- additional restrictions or conditions cies is listed. 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

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for the long term and involves a deter- Clearance Officer at the address pro- mination of the productive capacity of vided at 50 CFR 2.1(b). the species and its ecosystem, in order [63 FR 52634, Oct. 1, 1998, as amended at 79 FR to ensure that utilization does not ex- 43964, July 29, 2014] ceed those capacities or the ability of the population to reproduce, maintain itself and perform its role or function Subpart B—Prohibitions and in its ecosystem. Requirements Trend means a long-term assessment of any change in the absolute or rel- § 15.11 Prohibitions. ative size of a species’ population or (a) Except as provided under a permit habitat over time (e.g., increasing, de- issued pursuant to subpart C of this creasing, at equilibrium, insufficiently part, it is unlawful for any person sub- known). ject to the jurisdiction of the United United States means the 50 States, the States to commit, attempt to commit, District of Columbia, the Common- to solicit another to commit, or to wealth of Puerto Rico, American cause to be committed, any of the acts Samoa, the Virgin Islands, Guam, the described in paragraphs (b) through (f) Commonwealth of the Northern Mar- of this section in regard to any exotic iana Islands, and the Trust Territory of bird. the Pacific Islands. (b) It is unlawful to import into the [58 FR 60536, Nov. 16, 1993, as amended at 61 United States any exotic bird species FR 2091, Jan. 24, 1996] listed in the Appendices to the Conven- tion that is not included in the ap- § 15.4 Information collection require- proved list of species, pursuant to sub- ments. part D of this part, except that this (a) The Office of Management and paragraph (b) does not apply to any ex- Budget approved the information col- otic bird that was bred in a foreign lection requirements contained in this breeding facility listed as qualifying part 15 under 44 U.S.C. 3507 and as- pursuant to subpart E of this part. signed OMB Control Number 1018–0093. (c) It is unlawful to import into the The Service may not conduct or spon- United States any exotic bird species sor, and you are not required to re- not listed in the Appendices to the spond, to a collection of information Convention that is listed in the prohib- unless it displays a currently valid ited species list, pursuant to subpart F OMB control number. We are collecting of this part. this information to provide informa- (d) It is unlawful to import into the tion necessary to evaluate permit ap- United States any exotic bird species plications. We will use this informa- from any country included in the pro- tion to review permit applications and hibited country list, pursuant to sub- make decisions, according to criteria part F of this part. established in various Federal wildlife (e) It is unlawful to import into the conservation statutes and regulations, United States any exotic bird species on the issuance, suspension, revoca- from a qualifying facility breeding ex- tion, or denial of permits. You must re- otic birds in captivity, listed pursuant spond to obtain or retain a permit. to subpart E of this part, if the exotic (b) We estimate the public reporting bird was not captive-bred at the listed burden for these reporting require- facility. ments to vary from 1 to 4 hours per re- (f) It is unlawful for any person sub- sponse, with an average of 2 hours per ject to the jurisdiction of the United response, including time for reviewing States to engage in any activity with instructions, gathering and maintain- an exotic bird imported under a permit ing data, and completing and reviewing issued pursuant to this part that vio- the forms. Direct comments regarding lates a condition of said permit. the burden estimate or any other aspect of these reporting requirements to [58 FR 60536, Nov. 16, 1993, as amended at 59 the Service’s Information Collection FR 62255, Dec. 2, 1994]

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§ 15.12 Requirements. § 13.12(a) of this subchapter, and all of the information specified in the appli- (a) No person shall import into the United States any exotic bird except as cable section §§ 15.22 through 15.26. may be permitted under the terms of a [58 FR 60536, Nov. 16, 1993, as amended at 63 valid permit issued pursuant to the FR 52634, Oct. 1, 1998; 79 FR 43964, July 29, provisions of subpart C of this part and 2014] 50 CFR part 13, or in accordance with the provisions of subparts D–F of this § 15.22 Permits for scientific research. part 15, or in accordance with the pro- (a) Application requirements for per- visions of paragraph (b) of this section. mits for scientific research. Each appli- (b) Any exotic bird can be imported cation shall provide the following in- to the United States if it was legally formation and such other information exported from the United States with a that the Director may require: permit issued by the Service’s Office of (1) A description of the exotic bird(s) Management Authority, provided that to be imported, including: the import is by the same person who (i) The common and scientific names exported the bird, the import is accom- of the species, number, age or age panied by a copy of the cleared CITES class, and, when known, sex; and export permit or certificate issued by (ii) A statement as to whether, at the the Service that was used to export the time of the application, the exotic bird exotic bird, and the Service is satisfied is still in the wild, has already been re- that the same bird is being imported as moved from the wild, or was bred in is indicted on the aforementioned per- captivity; mit or certificate. (2) If the exotic bird is in the wild or was taken from the wild, include: Subpart C—Permits and Approval (i) The country and region where the of Cooperative Breeding Pro- removal will occur or occurred; grams (ii) A description of the status of the species in the region of removal; and § 15.21 General application procedures. (iii) A copy of any foreign collecting permit or authorizing letter, if applica- (a) The Director may issue a permit ble; authorizing the importation of exotic (3) If the exotic bird was bred in cap- birds otherwise prohibited by § 15.11, in tivity, include: accordance with the issuance criteria of this subpart, for the following pur- (i) Documents or other evidence that poses only: Scientific research; zoolog- the bird was bred in captivity, includ- ical breeding or display programs; co- ing the name and address of the breed- operative breeding programs designed er, and when known, hatch date and to promote the conservation and main- identity of the parental birds; and tenance of the species in the wild; or (ii) If the applicant is not the breed- personally owned pets accompanying er, documentation showing the bird persons returning to the United States was acquired from a breeder and a his- after being out of the country for more tory of multiple transactions, if appli- than 1 year. cable: (b) Additional requirements as indi- (4) A statement of the reasons the ap- cated in parts 13, 14, 17, 21, and 23 of plicant is justified in obtaining a per- this subchapter must also be met. mit, and a complete description of the (c) A person wishing to obtain a per- scientific research to be conducted on mit under this subpart or approval of the exotic bird requested, including: cooperative breeding programs under (i) Formal research protocol with this subpart submits an application to timetable; the attention of the Director, U.S. Fish (ii) The relationship of such research and Wildlife Service, at the address to the conservation of the species in listed for the Division of Management the wild; Authority at 50 CFR 2.1(b). Each appli- (iii) A discussion of possible alter- cation must contain the general infor- natives and efforts to obtain birds from mation and certification required in other sources; and

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(iv) Plans for disposition of the ex- ject to special conditions as the Direc- otic birds and any progeny upon com- tor may deem appropriate. pletion of the research project; (d) Duration of permits. The duration (5) Qualifications of the scientific of the import permits issued under this personnel conducting the proposed re- section shall be designated on the face search, including applicable experience of the permit, but in no case will these and a description of relevant past re- permits be valid for longer than one search conducted; year. (6) A description of the care and maintenance of the exotic bird, and § 15.23 Permits for zoological breeding or display programs. how the facility meets professionally recognized standards, including; (a) Application requirements for per- (i) The name and address of the facil- mits for zoological breeding or display ity where the exotic bird will be main- programs. Each application shall pro- tained; vide the following information and (ii) Dimensions of existing enclosures such other information that the Direc- for the birds to be imported and num- tor may require: ber of birds to be housed in each; and (1) A description of the exotic bird(s) to be imported, including: (iii) Husbandry practices. (i) The common and scientific names (b) Issuance criteria. Upon receiving of the species, number, age or age an application completed in accordance class, and, when known, sex; and with paragraph (a) of this section, the (ii) A statement as to whether, at the Director will decide whether or not a time of the application, the exotic bird permit should be issued. In making this is still in the wild, has already been re- decision, the Director shall consider, in moved from the wild, or was bred in addition to the general criteria in part captivity; 13 of this subchapter, the following fac- (2) If the exotic bird is in the wild or tors; was taken from the wild include: (1) Whether the purpose of the sci- (i) The country and region where the entific research is adequate to justify removal will occur or occurred; removing the exotic bird from the wild (ii) A description of the status of the or otherwise changing its status; species in the region of removal; and (2) Whether the proposed import (iii) A copy of any foreign collecting would be detrimental to the survival of permit or authorizing letter, if applica- the exotic bird species in the wild, in- ble; cluding whether the exotic bird was (3) If the exotic bird was bred in cap- bred in captivity or was (or will be) tivity, include: taken from the wild, taking into con- (i) Documents or other evidence that sideration the conservation status of the bird was bred in captivity, includ- the species in the wild; ing the name and address of the breed- (3) Whether the permit, if issued, er, and when known, identity of the pa- would conflict with any known pro- rental birds, and hatch date; and gram intended to enhance the survival (ii) If the applicant is not the breed- of the population from which the ex- er, documentation showing the bird otic bird was or would be removed; was acquired from a breeder and a his- (4) Whether the research for which tory of multiple transactions, if appli- the permit is required has scientific cable; merit; (4) A statement of the reasons the ap- (5) Whether the expertise, facilities, plicant is justified in obtaining a per- or other resources available to the ap- mit, and a complete description of the plicant appear adequate for proper care breeding or display program to be con- 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;

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(ii) Plans, if any, for developing or of the population from which the ex- maintaining a self-sustaining popu- otic bird was or would be removed; lation of the exotic bird species in cap- (4) Whether the breeding or display tivity; program for which the permit is re- (iii) A statement on efforts to obtain quired has conservation merit; and birds from alternative sources or (5) Whether the expertise, facilities sources within the United States; or other resources available to the ap- (iv) The relationship of such a breed- plicant appear adequate for proper care ing or display program to the conserva- and maintenance of the exotic bird and tion of the species in the wild; and to successfully accomplish the zoolog- (v) Plans for disposition of the exotic ical breeding or display objectives stat- birds and any progeny. ed in the application. (5) A description of the care and (c) Permit conditions. In addition to maintenance of the exotic bird, and the general conditions set forth in part how the facility meets professionally 13 of this subchapter, every permit recognized standards of the public dis- issued under this section shall be sub- play community, including: ject to special conditions as the Direc- (i) The name and address of the facil- tor may deem appropriate. ity where the exotic bird will be main- (d) Duration of permits. The duration tained; of the import permits issued under this (ii) Dimensions of existing enclosures section shall be designated on the face for the birds to be imported and num- of the permit, but in no case will these ber of birds to be housed in each; permits be valid for longer than one (iii) Husbandry practices; year. (6) A history of the zoological facility’s breeding programs with the same § 15.24 Permits for cooperative breed- or similar species, including: ing. (i) Participation in any cooperative (a) Application requirements for per- breeding programs; mits for cooperative breeding. Each ap- (ii) Breeding and inventory records plication shall provide the following for the last two years, including hatch- information and such other informa- ing, survival, and mortality records; tion that the Director may require: and (1) A description of the exotic bird(s) (iii) Causes of any mortalities and ef- to be imported, including: forts made to correct any problems. (i) The common and scientific names (b) Issuance criteria. Upon receiving of the species, number, age or age an application completed in accordance class, and, when known, sex; and with paragraph (a) of this section, the (ii) A statement as to whether, at the Director will decide whether or not a time of the application, the exotic bird permit should be issued. In making this is still in the wild, has already been re- decision, the Director shall consider, in moved from the wild, or was bred in addition to the general criteria in part captivity; 13 of this subchapter, the following fac- (2) If the exotic bird is still in the tors: wild or was taken from the wild in- (1) Whether the zoological breeding clude; or display program is adequate to jus- (i) The country and region where the tify removing the exotic bird from the removal will occur or occurred; wild or otherwise changing its status; (ii) A description of the status of the (2) Whether the proposed import species in the region of removal; and would be detrimental to the survival of (iii) A copy of any foreign collecting the exotic bird species in the wild, in- permit or authorizing letter, if applica- cluding whether the exotic bird was ble; 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

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(ii) If the applicant is not the breed- (iii) Causes of any mortalities and ef- er, documentation showing the bird forts made to correct any problems. was acquired from the breeder and a (b) Issuance criteria. Upon receiving history of multiple transactions, if ap- an application completed in accordance plicable; with paragraph (a) of this section, the (4) A statement of the reasons the ap- Director will decide whether or not a plicant is justified in obtaining a per- permit should be issued. In making this mit, and a statement detailing the ap- decision, the Director shall consider, in plicant’s participation in a cooperative addition to the general criteria in part breeding program approved under sec- 13 of this subchapter, the following fac- tion 15.26 of this chapter, including; tors; (i) Copies of any signed agreements (1) Whether the cooperative breeding or protocols with the monitoring program is adequate to justify remov- avicultural, conservation, or zoological ing the exotic bird from the wild or organization overseeing the program; otherwise changing its status; and (2) Whether the proposed import (ii) Applicable records of the coopera- would be detrimental to the survival of tive breeding program of any other the exotic bird species in the wild, in- birds imported, their progeny, and cluding whether the exotic bird was their disposition; bred in captivity or was (or will be) (5) A complete description of the re- taken from the wild, taking into con- lationship of the exotic bird to the ap- sideration the conservation status of proved cooperative breeding program, the species in the wild; including; (3) Whether the cooperative breeding (i) A statement of the role of the ex- program for which the permit is re- otic bird in a breeding protocol; quired would be likely to enhance or (ii) A plan for maintaining a self-sus- promote the conservation of the exotic taining captive population of the ex- bird species in the wild or result in a otic bird species; self-sustaining population of the exotic (iii) Details on recordkeeping; and bird species in captivity; and (iv) Plans for disposition of the ex- (4) Whether the expertise, facilities, otic birds and any progeny produced or other resources available to the ap- during the course of this program. plicant appear adequate for proper care (6) A statement outlining the appli- and maintenance of the exotic birds cant’s attempts to obtain the exotic and to successfully accomplish the co- bird in a manner that would not cause operative breeding objectives stated in its removal from the wild, and at- the application. tempts to obtain the specimens of the exotic bird species from stock available (c) Permit conditions. In addition to in the United States; the general conditions set forth in part (7) A description of the care and 13 of this subchapter, every permit maintenance of the exotic bird, and issued under this section shall be sub- how the facility meets professionally ject to special conditions as the Direc- recognized standards, including; tor may deem appropriate. (i) The name and address of the facil- (d) Duration of permits. The duration ity where the exotic bird will be main- of the import permits issued under this tained; section shall be designated on the face (ii) Dimensions of existing enclosures of the permit, but in no case will these for birds to be imported and number of permits be valid for longer than one birds to be housed in each; and year. (iii) Husbandry practices; (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:

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(1) A description of the exotic bird to (c) Permit conditions. In addition to be imported, including; the general conditions set forth in part (i) The common and scientific names, 13 of this subchapter, every permit number, age, and, when known, sex; issued under this section shall be sub- (ii) A band number, house name, or ject to special conditions that no indi- any other unique identifying feature; vidual may import more than two ex- and otic birds as personal pets in any year, (iii) A statement as to whether the the exotic birds cannot be sold after exotic bird was bred in captivity or importation into the United States, taken from the wild; and any other conditions as the Direc- (2) A statement of the reasons the ap- tor may deem appropriate. plicant is justified in obtaining a per- (d) Duration of permits. The duration mit; of the import permits issued under this (3) Documentation showing that the section shall be designated on the face applicant has continually resided out- of the permit. side of the United States for a minimum of one year; § 15.26 Approval of cooperative breed- (4) A statement of the number of ex- ing programs. otic birds imported during the previous 12 months as personal pets by the ap- Upon receipt of a complete applica- plicant; tion, the Director may approve cooper- (5) Information on the origin of the ative breeding programs. Such ap- exotic bird, including; proval will allow individuals to import (i) Country of origin; and exotic birds otherwise prohibited by (ii) A description and documentation section 15.11, with permits under sec- of how the exotic bird was acquired, in- tion 15.24. Such approval for coopera- cluding a copy of any Convention per- tive breeding programs shall be grant- mit under which the bird was re-ex- ed in accordance with the issuance cri- ported or exported. If there is no such teria of this section. permit, a sales receipt or signed state- (a) Application requirements for ap- ment from seller with name and ad- proval of cooperative breeding programs. dress of seller, date of sale, species, and Each application shall provide the fol- other identifying information on the lowing information and such other in- bird or signed breeder’s certificate or formation that the Director may re- statement with name and address of quire: breeder, date of sale or transfer, species (1) A description of the exotic bird(s) and hatch date. to be imported or to be covered under (b) Issuance criteria. Upon receiving the program, including the common an application completed in accordance and scientific names of the species, with paragraph (a) of this section, the number, sex ratio (if applicable), and Director will decide whether or not a age class; permit should be issued. In making this (2) A statement of the reasons the ap- decision, the Director shall consider, in plicant is justified in obtaining this ap- addition to the general criteria in part proval, and a description of the cooper- 13 of this subchapter, the following fac- ative breeding program requested for tors: the exotic bird species, including: (1) Whether the proposed import would be detrimental to the survival of (i) A breeding protocol, including a the exotic bird species in the wild; genetic management plan and breeding (2) Whether the exotic bird to be im- methods; ported is a personal pet owned by the (ii) A statement on the plans for de- applicant, who has continuously re- veloping and maintaining a self-sus- sided outside the United States for a taining population in captivity of the minimum of one year, and who has no exotic bird species; intention to sell the bird; and (iii) Details on the system of record- (3) Whether the number of exotic keeping and tracking of birds and their birds imported in the previous 12 progeny, including how individual months by the applicant does not ex- specimens will be marked or otherwise ceed two. identified;

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(iv) A statement on the relationship vival of the population from which the of such a breeding program to the con- exotic bird species was or would be re- servation of the exotic bird species in moved; the world; (4) Whether the cooperative breeding (v) Details on the funding of this pro- program for which the permit is re- gram; and quested would be likely to enhance or (vi) Plans for disposition of the ex- promote the conservation of the exotic otic birds and any progeny; bird species in the wild or result in a (3) A qualification statement for each self-sustaining population of the exotic individual who will be overseeing the bird species in captivity; and cooperative breeding program. This (5) Whether the expertise or other re- statement should include information on the individual’s prior experience sources available to the program ap- with the same or similar bird species. pear adequate to successfully accom- Individuals overseeing the program plish the objectives stated in the appli- will be required to demonstrate an af- cation. filiation with an avicultural, conserva- (c) Publication in the FEDERAL REG- tion, or zoological organization; ISTER. The Director shall publish no- (4) A statement of the oversight of tice in the FEDERAL REGISTER of each the program by the avicultural, zoolog- application submitted under § 15.26(a). ical, or conservation organization, in- Each notice shall invite the submission cluding their monitoring of participa- from interested parties of written data, tion in the program, criteria for ac- views, or arguments with respect to ceptance of individuals into the pro- the application. The Director shall gram, and the relationship of the coop- publish periodically a notice as appro- erative breeding program to enhancing priate in the FEDERAL REGISTER of the the propagation and survival of the list of approved cooperative breeding species; and programs. (5) A history of the cooperative (d) Approval conditions. In addition to breeding program, including an annual the general conditions set forth in part report for the last 3 years (if applica- 13 of this subchapter, every approval ble), mortality records, breeding issued under this paragraph shall be records, and a studbook if one has been subject to the special condition that developed for the species. (b) Issuance criteria. Upon receiving the cooperative breeding program shall an application completed in accordance maintain records of all birds imported with paragraph (a) of this section, the under permits issued under this sub- Director will decide whether or not a part and their progeny, including their cooperative breeding program should sale or transfer, death, or escape, and be approved. In making this decision, breeding success. These records shall the Director shall consider, in addition be made available to the Service on re- to the general criteria in part 13 of this quest and when renewing an approval. subchapter, the following factors: (e) Duration of approval. Cooperative (1) Whether the cooperative breeding breeding programs shall be approved program for which the approval is re- for two years, at which time applicants quested is adequate to justify removing may apply to the Service for renewal of the exotic bird from the wild or other- a program’s approval. Applications for wise changing its status; renewal of approval shall comply with (2) Whether the granting of this ap- the general conditions set forth in part proval would be detrimental to the sur- 13 of this subchapter. vival of the exotic bird species in the wild, including whether the exotic 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 sur-

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§ 15.31 Criteria for including species (ii) Letters from the country of ex- in the approved list for captive- port’s Management and Scientific Au- bred species. thorities transmitting the manage- The Director will periodically review ment plan of this species; the list of captive-bred exotic bird spe- (iii) A summary of the country of ex- cies in paragraph 15.33(a), for which import’s legislation related to this species portation into the United States is ap- and legislation implementing the Con- proved. Any exotic bird species listed vention, and, where appropriate, a in paragraph 15.33(a) pursuant to this summary of implementing regulations; section must meet all of the following (iv) A summary, from the country of criteria: export’s Management Authority, of the (a) All specimens of the species country’s infrastructure and law en- known to be in trade (legal or illegal) forcement and monitoring mechanisms are captive-bred; designed to ensure both enforcement of (b) No specimens of the species are and compliance with the requirements known to be removed from the wild for of the management plan, and that the commercial purposes; number of birds removed from the wild (c) Any importation of specimens of or exported will be consistent with the the species would not be detrimental to management plan; the survival of the species in the wild; (v) Recent information on the dis- and tribution of the species within the (d) Adequate enforcement controls country of export, including scientific are in place to ensure compliance with references and maps, and historical in- paragraphs (a) through (c) of this sec- formation on distributions, if relevant; tion. and § 15.32 Criteria for including species (vi) The species’ status and its cur- in the approved list for non-captive- rent population trend in the country of bred species. export, including scientific references and copies of the most recent non-det- Upon receipt of a completed sustain- riment findings made by the exporting able use management plan for a coun- country’s Scientific Authority. try of export, the Director may approve a species listed in Appendices II (2) Habitat information, including: or III of the Convention for importa- (i) A general description of habitats tion from that country. Such approval used by the species for each portion of shall be granted in accordance with the the life cycle completed within the issuance criteria of this section. All ap- country of export; proved species and countries of export (ii) Recent information on the size will be listed in section 15.33. and distribution of these habitats (a) Requirements for scientifically-based throughout the country of export and sustainable use management plans. Sus- in each area or region of take, includ- tainable use management plans devel- ing scientific references and maps. The oped by the country of export should be approximate location of any reserves submitted for species which breed in that provide protection for this species the country of export. If the species should be indicated on the accom- does not breed in the country of export, panying map(s), along with a brief de- the Service will consider sustainable scription of how reserves are protected use management plans only when the and how that protection is enforced; plan is scientifically valid and nesting (iii) Status and trends of the impor- (breeding) information can be provided tant habitats used by the species in the from countries in which the species country of export as a whole whenever breeds. Sustainable use management available and within each area or re- 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

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whenever available, including sci- (iv) Within each area or region of entific references; and take, estimation (with documentation) (v) A list of management plans that of annual mortality or loss including have been or are being planned, devel- natural mortality and take for subsist- oped, or implemented for the species’ ence use, export trade, and domestic important habitats, if any. trade in each area of take; or (3) Information on the role of the spe- (v) When appropriate, information cies in its ecosystem, including: (with documentation) on the number of (i) A description of the part(s) of the young which can be taken from the species’ life cycle completed within the area, as a result of a conservation en- country of export; hancement program. (ii) A description of nest sites and/or (5) Determination of biologically sus- plant communities that are most fre- tainable use: quently used for placement of nests (i) Estimation of the number ex- and, if applicable, nesting habits; ported from the country during the (iii) A general description of the spe- past 2 years, and the number of birds cies’ diet and where the species forages removed from the wild for export, do- (aerial feeder, tree canopy, tree trunk, mestic trade, illegal trade, subsistence midstory, understory, open water or use, and other purposes (specify) for other), and seasonal changes in for- the country of export during the past 2 aging habits, including, when avail- years; able, scientific references; and (ii) The estimated number of birds (iv) Information on any species or that will be removed from the wild plant community which is dependent from each area of take each year for all on the occurrence of the exotic bird purposes (export trade, domestic trade, species. illegal trade, and subsistence use), in- (4) Population dynamics of the spe- cluding a description of age-classes cies, including: (nestlings, fledglings, sub-adults, (i) Recent population data for the adults, all classes), when applicable; population of the species in the coun- (iii) For the projected take addressed try of export, as derived from indices of in the management plan, a description relative abundance or population esti- of the removal process, including, but mates, along with documentation for not limited to, locations, time of year, each estimate; capture methods, means of transport, (ii) Within each area or region of and pre-export conditioning; take, documentation for recent popu- (iv) Documentation of how each pro- lation data or estimates, conducted for jected level of take was determined; at least 3 separate years or 1 year with (v) Explanation of infrastructure and a description of survey plans for future law enforcement and monitoring mech- years. These population assessments anisms that ensure compliance with should have been conducted during the the methodology in the management same season (breeding or non-breeding) plan and that the species will be re- of each year for which documentation moved at a level that ensures sustain- is submitted (i.e., be methodologically able use; and comparable—both temporally and spa- (vi) Description of how species in tially); each area or region of take will be (iii) Within each area or region of monitored in order to determine take, a scientific assessment (with doc- whether the number and age classes of umentation) of recent reproductive birds taken is sustainable. (nesting) success. This assessment (6)(i) For species that are considered should include information on the ‘‘pests’’ in the country of origin: docu- 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.

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(ii) For non-pest species: A descrip- (i) Provides for the conservation of tion of how the sustainable use man- the species and its habitat(s); agement plan promotes the value of (ii) Includes incentives for conserva- the species and its habitats. Incentives tion unless the species is a documented for conservation may be generated by pest species; environmental education, cooperative (iii) Is adequately implemented and efforts or projects, development of co- enforced; operative management units, and/or (iv) Ensures that the use of the spe- activities involving local communities. cies is: (7) Additional factors: (A) Sustainable; (i) Description of any existing en- (B) Maintained throughout its range hancement activities developed for the at a level that is consistent with the species, including, but not limited to, species’ role in its ecosystem; and annual banding programs, nest watch- (C) Is well above the level at which ing/guarding, and nest improvement; the species might become threatened; and (v) Addresses illegal trade, domestic (ii) Description, including photo- trade, subsistence use, disease, and graphs or diagrams, of the shipping habitat loss; and methods and enclosures proposed to be (vi) Ensures that the methods of cap- used to transport the exotic birds, in- ture, transport, and maintenance of cluding but not limited to feeding and the species minimize the risk of injury, care during transport, densities of damage to health, and inhumane treat- birds in shipping enclosures, and esti- ment; and mated consignment sizes. (3) If the species has a multi-national distribution: (b) Approval criteria. Upon receiving a (i) Whether populations of the species sustainable use management plan in in other countries in which it occurs accordance with paragraph (a) of this will not be detrimentally affected by section, the Director will decide wheth- exports of the species from the country er or not an exotic bird species should requesting approval; be listed as an approved species for im- (ii) Whether factors affecting con- portation from the country of export, servation of the species, including ex- under section 15.33. In making this de- port from other countries, illegal cision, the Director shall consider in trade, domestic use, or subsistence use addition to the general criteria in part are regulated throughout the range of 13 of this subchapter, all of the fol- the species so that recruitment and/or lowing factors for the species: breeding stocks of the species will not (1) Whether the country of export is be detrimentally affected by the pro- effectively implementing the Conven- posed export; tion, particularly with respect to: (iii) Whether the projected take and (i) Establishment of a functioning export will not detrimentally affect Scientific Authority; breeding populations; and (ii) The requirements of Article IV of (iv) Whether the projected take and the Convention; export will not detrimentally affect ex- (iii) Remedial measures rec- isting enhancement activities, con- ommended by the Parties to the Con- servation programs, or enforcement ef- vention with respect to this and simi- forts throughout the species’ range. lar species, including recommendations (4) For purposes of applying the cri- of permanent committees of the Con- terion in paragraph (b)(2)(iv) of this vention; and section, the Director may give positive (iv) Article VIII of the Convention, consideration to plans wherein very including but not limited to establish- conservative capture and export quotas ment of legislation and infrastructure are implemented prior to being able to necessary to enforce the Convention, obtain all of the biological information and submission of annual reports to necessary for a more large-scale man- the Convention’s Secretariat; agement plan, if the country can dem- (2) Whether the country of export has onstrate that such conservative cap- developed a scientifically-based man- ture and export quotas are non-detri- agement plan for the species that: mental to the species survival in the

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wild under the criterion in paragraph as approved shall be approved for 3 (b)(2)(iv) of this section. years, at which time renewal of ap- (c) Publication in the Federal Register. proval shall be considered by the Serv- The Director shall publish notice in the ice. FEDERAL REGISTER of the availability [61 FR 2091, Jan. 24, 1996] of each complete sustainable use management plan received under paragraph § 15.33 Species included in the ap- (a) of this section. Each notice shall in- proved list. vite the submission from interested (a) Captive-bred species. The list in parties of written data, views, or argu- this paragraph includes species of cap- ments with respect to the proposed ap- tive-bred exotic birds for which impor- proval. tation into the United States is not (d) Duration of approval. A species and prohibited by section 15.11. The species country of export listed in section 15.33 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). 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.

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Species Common name

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.

(b) Non-captive-bred species. The list 16.13 Importation of live or dead fish, mol- in this paragraph includes species of lusks, and crustaceans, or their eggs. non-captive-bred exotic birds and coun- 16.14 Importation of live or dead amphib- tries for which importation into the ians or their eggs. 16.15 Importation of live reptiles or their United States is not prohibited by sec- eggs. tion 15.11. The species are grouped taxonomically by order, and may only be Subpart C—Permits imported from the approved country, except as provided under a permit 16.22 Injurious wildlife permits. issued pursuant to subpart C of this part. Subpart D—Additional Exemptions [59 FR 62262, Dec. 2, 1994, as amended at 61 16.32 Importation by Federal agencies. FR 2093, Jan. 24, 1996] 16.33 Importation of natural-history specimens. Subpart E—Qualifying Facilities AUTHORITY: 18 U.S.C. 42. Breeding Exotic Birds in Captivity SOURCE: 39 FR 1169, Jan. 4, 1974, unless otherwise noted. § 15.41 Criteria for including facilities as qualifying for imports. [Re- Subpart A—Introduction served] § 16.1 Purpose of regulations. § 15.42 List of foreign qualifying breeding facilities. [Reserved] The regulations contained in this part implement the Lacey Act (18 Subpart F—List of Prohibited Spe- U.S.C. 42). cies Not Listed in the Appen- § 16.2 Scope of regulations. dices to the Convention The provisions of this part are in ad- § 15.51 Criteria for including species dition to, and are not in lieu of, other and countries in the prohibited list. regulations of this subchapter B which [Reserved] may require a permit or prescribe additional restrictions or conditions for the § 15.52 Species included in the prohib- importation, exportation, and inter- ited list. [Reserved] state transportation of wildlife (see also part 13). § 15.53 Countries of export included in the prohibited list. [Reserved] § 16.3 General restrictions. Any importation or transportation of PART 16—INJURIOUS WILDLIFE live wildlife or eggs thereof, or dead fish or eggs or salmonids of the fish Subpart A—Introduction family Salmonidae into the United Sec. States or its territories or possessions 16.1 Purpose of regulations. is deemed to be injurious or potentially 16.2 Scope of regulations. injurious to the health and welfare of 16.3 General restrictions. human beings, to the interest of for- estry, agriculture, and horticulture, Subpart B—Importation or Shipment of and to the welfare and survival of the Injurious Wildlife wildlife or wildlife resources of the 16.11 Importation of live wild mammals. United States; and any such importa- 16.12 Importation of live wild birds or their tion into or the transportation of live eggs. wildlife or eggs thereof between the

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continental United States, the District regulations under part 14 of this chap- of Columbia, Hawaii, the Common- ter. wealth of Puerto Rico, or any territory [39 FR 1169, Jan. 4, 1974, as amended at 47 FR or possession of the United States by 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002] any means whatsoever, is prohibited except for certain purposes and under § 16.12 Importation of live wild birds certain conditions as hereinafter pro- or their eggs. vided in this part: Provided, That the (a) The importation, transportation, provisions of this section shall not or acquisition is prohibited of any live apply to psittacine birds (see also specimen or egg of (1) the species of so- §§ 16.32 and 16.33 for other exemptions). called ‘‘pink starling’’ or ‘‘rosy pastor’’ Sturnus roseus; (2) the species of dioch Subpart B—Importation or (including the subspecies black-fronted, red-billed, or Sudan dioch) Quelea Shipment of Injurious Wildlife quelea; (3) any species of Java sparrow, Padda oryzivora; (4) the species of red- § 16.11 Importation of live wild mam- whiskered bul-bul, Pycnonotus jocosus: mals. Provided, That the Director shall issue (a) The importation, transportation, permits authorizing the importation, or acquisition is prohibited of live transportation, and possession of such specimens of: (1) Any species of so- live birds under the terms and condi- called ‘‘flying fox’’ or fruit bat of the tions set forth in § 16.22. genus Pteropus; (2) any species of mon- (b) Upon the filing of a written dec- goose or meerkat of the genera Atilax, laration with the District Director of Cynictis, Helogale, Herpestes, Ichneumia, Customs at the port of entry as re- Mungos, and Suricata; (3) any species of quired under § 14.61, all species of live European rabbit of the genus wild game, birds may be imported, Oryctolagus; (4) any species of Indian transported, and possessed in captivity, wild dog, red dog, or dhole of the genus without a permit, for scientific, med- Cuon; (5) any species of multimammate ical, educational, exhibition, or propa- rat or mouse of the genus Mastomys; (6) gating purposes, and the eggs of such any raccoon dog, Nyctereutes birds may be imported, transported, 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 released into the wild except by the tation, and possession of such mam- State wildlife conservation agency mals under the terms and conditions having jurisdiction over the area of re- set forth in § 16.22. lease or by persons having prior writ- (b) Upon the filing of a written dec- ten permission for release from such laration with the District Director of agency. Customs at the port of entry as re- (c) Upon the filing of a written dec- quired under § 14.61, all other species of laration with the District Director of live wild mammals may be imported, Customs at the port of entry as re- transported, and possessed in captivity, quired under § 14.61, all species of live, without a permit, for scientific, med- wild nongame birds (other than those ical, educational, exhibition, or propa- listed in paragraph (a) of this section) gating purposes, but no such live wild may be imported, transported, and pos- mammals or any progeny thereof may sessed in captivity, without a permit, be released into the wild except by the for scientific, medical, educational, ex- State wildlife conservation agency hibition, or propagating purposes, but having jurisdiction over the area of re- no such live, wild nongame birds or any lease or by persons having prior writ- progeny thereof may be released into ten permission for release from such the wild except by or under the direc- agency: Provided, That the provisions tion of State wildlife conservation of this paragraph shall not apply to agencies when such agencies have re- live game mammals from Mexico, the ceived prior written permission from importation of which is governed by the Director for such release: Provided,

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That the provisions of this paragraph (C) Channa asiatica (Chinese or shall not apply to live bald and golden Northern Green snakehead). eagles or to live migratory birds, the (D) Channa aurantimaculata. importation of which is governed by (E) Channa bankanensis (Bangka regulations under parts 22 and 21 of snakehead). this chapter, respectively, or to birds (F) Channa baramensis (Baram of the Family Psittacidae (parrots, ma- snakehead). caws, cockatoos, parakeets, lories, (G) Channa barca (barca or tiger lovebirds, etc.), the importation and snakehead). transportation of which is governed by (H) Channa bleheri (rainbow or jewel U.S. Public Health Service regulations snakehead). under 42 CFR parts 71 and 72. (I) Channa cyanospilos (bluespotted (d) The importation of the eggs of snakehead). wild nongame birds is prohibited ex- (J) Channa gachua (dwarf, gaucha, or cept as permitted under § 16.33. frog snakehead). (K) Channa harcourtbutleri (Inle § 16.13 Importation of live or dead fish, snakehead). mollusks, and crustaceans, or their (L) Channa lucius (shiny or splendid eggs. snakehead). (a) Upon an exporter filing a written (M) Channa maculata (blotched declaration with the District Director snakehead). of Customs at the port of entry as re- (N) Channa marulius (bullseye, quired under § 14.61 of this chapter, live murrel, Indian, great, or cobra or dead fish, mollusks, and crusta- snakehead). ceans, or parts thereof, or their (O) Channa maruloides (emperor gametes or fertilized eggs, may be im- snakehead). ported, transported, and possessed in (P) Channa melanoptera. captivity without a permit except as (Q) Channa melasoma (black follows: snakehead). (1) No such live fish, mollusks, crus- (R) Channa micropeltes (giant, red, or tacean, or any progency or eggs thereof redline snakehead). may be released into the wild except by (S) Channa nox. the State wildlife conservation agency (T) Channa orientalis (Ceylon or Cey- having jurisdiction over the area of re- lonese Green snakehead). lease or by persons having prior writ- (U) Channa panaw. ten permission from such agency. (V) Channa pleurophthalmus (ocel- (2) The importation, transportation, lated, spotted, or eyespot snakehead). or acquisition of any of the species list- (W) Channa punctata (dotted or spot- ed in this paragraph is prohibited ex- ted snakehead). cept as provided under the terms and (X) Channa stewartii (golden conditions set forth in § 16.22: snakehead). (i) Live fish or viable eggs of walking (Y) Channa striata (chevron or striped catfish, family Clariidae. snakehead). (ii) Live mitten crabs, genus (Z) Parachanna africana (Niger or Af- Eriocheir, or their viable eggs. rican snakehead). (iii) Live mollusks, veligers, or viable (AA) Parachanna insignis (Congo, eggs of zebra mussels, genus Dreissena. square-spotted African or light African (iv) Any live fish or viable eggs of snakehead). snakehead fishes of the genera Channa (BB) Parachanna obscura (dark Afri- and Parachanna (or their generic syno- can, dusky, or square-spotted nyms of Bostrychoides, Ophicephalus, snakehead). Ophiocephalus, and Parophiocephalus) of (v) Any live fish, gametes, viable the Family Channidae, including but eggs, or hybrids of the following Asian not limited to: carp species in family Cyprinidae: (A) Channa amphibeus (Chel or Borna (A) Hypophthalmichthys harmandi snakehead). (largescale silver carp). (B) Channa argus (Northern or Amur (B) Hypophthalmichthys molitrix (sil- snakehead). ver carp).

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(C) Hypophthalmichthys nobilis (big- ogist designated as a certifying official head carp). by the Director. (D) Mylopharyngodon piceus (black (2) The certification must contain: carp). (i) The date and port of export in the (3) Notwithstanding § 16.32, all Fed- country of origin and the anticipated eral agencies shall be subject to the re- date of arrival in the United States and quirements stated within this section. port of entry; Live or dead uneviscerated salmonid (ii) Surface vessel name or number or fish (family Salmonidae), live fertilized air carrier and flight number; eggs, or gametes of salmonid fish are (iii) Bill of lading number or airway prohibited entry into the United States bill number; for any purpose except by direct ship- (iv) The date and location where fish, tissue, or fluid samples were collected; ment accompanied by a certification (v) The date and location where virus that: as defined in paragraph (e)(1) of assays were completed; and 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 viruses causing viral hemorrhagic septi- I, llll, designated by the Director of cemia, infectious hematopoietic necro- the U.S. Fish and Wildlife Service on llll sis, and infectious pancreatic necrosis (date), as a certifying official for llll (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, can be imported into the United States live salmonid fish, live salmonid fish eggs only upon written approval from the disinfected as described in § 16.13, or live Director of the U.S. Fish and Wildlife salmonid gametes to be shipped under Service. llll (bill of lading number or airway bill 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 Disinfection shall be accomplished by llll (location where assays were con- immersion for 15 minutes in a 75 part ducted) using the methodology described in per million (titratable active iodine) § 16.13. I further certify that Oncorhynchus non-detergent solution of masou virus and the viruses causing viral 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 pathogens until packed and shipped. llll (city and country) on llll (date), Any ice or water used for shipping via llll (name of carrier) with antici- shall be from pathogen-free water. pated arrival at the port of llll (city), 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 tilized eggs or gametes of salmonid fish City: lllllllllllllllllllll has been tested, by the methods out- State/Province: lllllllllllllll lined in this section, and none of the Zip Code/Mail Code: lllllllllllll 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

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(c) Nothing in this part shall restrict (ii) In a sample, or sub-sample of a the importation and transportation of given lot, collection of 10 or more mor- dead salmonid fish when such fish have ibund fish shall be given first pref- been eviscerated (all internal organs erence. The remainder of fish required removed, gills may remain) or filleted for collection shall be randomly se- or when such fish or eggs have been lected live fish from all containers oc- processed by canning, pickling, smok- cupied by the lot being sampled. Mori- ing, or otherwise prepared in a manner bund fish shall be collected and proc- whereby the Oncorhynchus masou virus essed separately from randomly se- and the viruses causing viral hemor- lected fish. In the event the sample is rhagic septicemia, infectious taken from adult broodstock of dif- hematopoietic necrosis, and infectious ferent ages that share the same con- pancreatic necrosis have been killed. tainer, first preference shall be given (d) Any fish caught in the wild in to collecting samples from the older North America under a valid sport or fish. 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 (A) Sac Fry and fry to 4 centimeter discrete spawning population and that (cm): Assay entire fish. If present, re- always have shared a common water move the yolk sac. supply. In the case of adult broodstock, (B) Fish 4–6 cm: Assay entire visceral various age groups of the same fish spe- mass including kidney. cies may be sampled as a single lot, (C) Fish longer than 6 cm: Assay kid- provided they meet the other condi- ney and spleen in approximately equal tions previously stated and have shared weight proportions. the same container(s) for at least 1 (D) Spawning adult broodstock: year prior to the sampling date. Assay kidney and spleen tissues from

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males and/or females and ovarian fluid penicillin, or 100 μg/ml of streptomycin from females. Ovarian fluid may com- and antifungal agent concentrations prise up to 50 percent of the samples should not exceed 25 IU/ml of collected. mycostatin (Nystatin) or 2.5 μg/ml of (2) General sample processing require- amphotericin B (Fungizone). ments. (i) Ovarian fluid samples shall be (3) Cell culture procedures. (i) Both collected from each spawning female epithelioma papulosum cyprini (EPC) separately. All samples from individual and chinook salmon embryo (CHSE– fish shall be measured to ensure that 214) cell lines must be maintained and similar quantities from each fish are used in all virus assays. Susceptible, combined if samples are pooled. Ovar- normal appearing, and rapidly dividing ian fluid samples from no more than cell cultures shall be selected. Peni- five fish may be combined to form a cillin (100 IU/ml), streptomycin (100 μg/ pool. ml), and antifungal agents, such as (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/ wells per cell line with .10 ml per well milliliter (IU/ml) of penicillin, or 800 of each processed sample. When all μg/ml of streptomycin. Antifungal wells have been inoculated, tilt plates agent concentrations should not exceed to spread the inocula evenly. Incubate 200 IU/ml of mycostatin (Nystatin) of 20 inoculated plates for 1 hour at 15 °C. for μg/ml of amphotericin B (Fungizone). sample contact. After the 1 hour con- (iv) Sample temperature must be tact add cell culture medium. Medium maintained between 4 at 15 °C. during shall be buffered or cells incubated so processing. Use separate sets of sterile that a pH between 7.4 and 7.8 is main- homogenization and processing equip- tained. All cell culture assays shall be ment to process fluids or tissues from incubated, without overlays, at 15 °C. each fish lot sampled. Processing for 21 days. equipment need not be sterilized be- (4) Virus identification by serological tween samples within a single lot. methods. All cell cultures showing (v) Homogenized tissue samples may cytopathic effects (CPE) must be sub- be diluted 1:10 with buffered cell cul- cultured onto fresh cell cultures. If ture medium (pH 7.4–7.8) containing CPE is observed, determine the pres- antibiotics and antifungal agents not ence and identity the virus by serum exceeding the concentrations described neutralization, dot blot, enzyme-linked in paragraph (e)(2)(iii) of this section. immunosorbent assay, or other equiva- Centrifuge tissue suspensions and ovar- lent serological technique. ian fluid samples 4 °C. at 2,500 × gravity (f) Information concerning the im- (g) (relative centrifugal force) for 15 portation requirements of this section minutes. Resulting supernatant solu- and application requirements for des- tions can be stored overnight at 4 °C. ignation as a certifying official for pur- (vi) At the time of inoculation onto poses of this section may be obtained cell cultures, total dilution of proc- by contacting the Division of Fish and essed tissue samples must not exceed Aquatic Conservation Programs at the 1:100 ((volume to volume) (v/v)); total address provided at 50 CFR 2.1(b) or by dilution of ovarian fluid samples must telephone at 703–358–1878. not exceed 1:20 (v/v). In samples inocu- (g) The information collection related onto cell cultures, the final anti- quirements contained in this part have biotic concentration shall not exceed been approved by the Office of Manage- 100 μg/ml of Gentamicin, 100 IU/ml of ment and Budget under 44 U.S.C. 3501 et

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seq. and assigned clearance number § 16.14 Importation of live or dead am- 1018–0078. The information is being col- phibians or their eggs. lected to inform U.S. Customs and (a) The importation, transportation, USFWS inspectors of the contents, ori- or acquisition of any live or dead speci- gin, routing, and destination of fish men, including parts, but not eggs or and eggs shipments and to certify that gametes, of the genera Chioglossa, the fish lots were inspected for listed Cynops, Euproctus, Hydromantes, pathogens. The information will be Hynobius, Ichthyosaura, Lissotriton, used to protect the health of the fish- Neurergus, Notophthalmus, ery resource. Response is required to Onychodactylus, Paramesotriton, obtain a benefit. Plethodon, Pleurodeles, Salamandra, [58 FR 58979, Nov. 5, 1993, as amended at 65 Salamandrella, Salamandrina, Siren, FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, Taricha, Triturus, and Tylototriton, in- 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, cluding but not limited to, the species Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR listed in this paragraph, is prohibited 43964, July 29, 2014] except as provided under the terms and EFFECTIVE DATE NOTE: At 81 FR 67899, conditions set forth at § 16.22 of this Sept. 30, 2016, § 16.13 was amended by revising part: paragraph (a)(2)(v) and adding paragraphs (1) Chioglossa lusitanica (golden (a)(2)(vi) through (x), effective Oct. 31, 2016. striped salamander). For the convenience of the user, the added (2) Cynops chenggongensis (Chenggong and revised text is set forth as follows: fire-bellied newt). § 16.13 Importation of live or dead fish, mol- (3) Cynops cyanurus (blue-tailed fire- lusks, and crustaceans, or their eggs. bellied newt). (a) * * * (4) Cynops ensicauda (sword-tailed (2) * * * newt). (v) Any live fish, gametes, viable eggs, or (5) Cynops fudingensis (Fuding fire- hybrids of the following species in family bellied newt). Cyprinidae: (6) Cynops glaucus (bluish grey newt, (A) Carassius carassius (crucian carp). Huilan Rongyuan). (B) Carassius gibelio (Prussian carp). (7) Cynops orientalis (Oriental fire (C) Hypophthalmichthys harmandi belly newt, Oriental fire-bellied newt). (largescale silver carp). (8) Cynops orphicus (no common (D) Hypophthalmichthys molitrix (silver name). carp). (9) Cynops pyrrhogaster (Japanese (E) Hypophthalmichthys nobilis (bighead carp). newt, Japanese fire-bellied newt). (F) Mylopharyngodon piceus (black carp). (10) Cynops wolterstorffi (Kunming (G) Phoxinus phoxinus (Eurasian minnow). Lake newt). (H) Pseudorasbora parva (stone moroko). (11) Euproctus montanus (Corsican (I) Rutilus rutilus (roach). brook salamander). (vi) Any live fish, gametes, viable eggs, or (12) Euproctus platycephalus (Sar- hybrids of Lates niloticus (Nile perch), family dinian brook salamander). Centropomidae. (13) Hydromantes ambrosii (Ambrosi (vii) Any live fish, gametes, viable eggs, or salamander). hybrids of Perccottus glenii (Amur sleeper), (14) Hydromantes brunus (limestone family Odontobutidae. salamander). (viii) Any live fish, gametes, viable eggs, or (15) Hydromantes flavus (Mount Albo hybrids of the following species in family Percidae: cave salamander). (A) Perca fluviatilis (European perch). (16) Hydromantes genei (Sardinian (B) Sander lucioperca (zander). cave salamander). (ix) Any live fish, gametes, viable eggs, or (17) Hydromantes imperialis (imperial hybrids of Silurus glanis (wels catfish), family cave salamander). Siluridae. (18) Hydromantes italicus (Italian cave (x) Any live crustacean, gametes, viable salamander). eggs, or hybrids of Cherax destructor (com- (19) Hydromantes platycephalus mon yabby), family Parastacidae. (Mount Lyell salamander). (20) Hydromantes sarrabusensis (no * * * * * common name).

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(21) Hydromantes shastae (Shasta sala- (50) Hynobius sonani (Sonan’s mander). hynobiid). (22) Hydromantes strinatii or (51) Hynobius stejnegeri (Bekko Speleomantes strinatii (French cave sala- Sansho-uo). mander, Strinati’s cave salamander). (52) Hynobius takedai (Hokuriku (23) Hydromantes supramontis Sansho-uo). (Supramonte cave salamander). (53) Hynobius tokyoensis (Tokyo sala- (24) Hynobius abei (Abe’s salamander). mander). (25) Hynobius amakusaensis (54) Hynobius tsuensis (Tsushima (Amakusa-sanshouo). Sansho-uo). (26) Hynobius amjiensis (Anji sala- (55) Hynobius turkestanicus mander). (Turkestanian salamander). (27) Hynobius arisanensis (Arisan (56) Hynobius yangi (no common hynobid). name). (28) Hynobius boulengeri (Odaigahara (57) Hynobius yatsui (no common salamander). name). (29) Hynobius chinensis (Chinese sala- (58) Hynobius yiwuensis (Yiwu mander). hynobiid). (30) Hynobius dunni (Oita sala- (59) Ichthyosaura alpestris (alpine mander). newt). (31) Hynobius formosanus (Taiwan sal- (60) Lissotriton boscai (Bosca’s newt). amander). (61) Lissotriton helveticus (palmate (32) Hynobius fucus or Hynobius fuca newt). (Taiwan lesser salamander). (62) Lissotriton italicus (Italian newt). (63) Lissotriton kosswigi (Triton (33) Hynobius glacialis (Nanhu sala- pontue de Kosswig). mander). (64) Lissotriton lantzi (no common (34) Hynobius guabangshanensis (no name). common name). (65) Lissotriton montandoni (Carpa- (35) Hynobius hidamontanus (Hakuba thian newt). salamander). (66) Lissotriton vulgaris (smooth newt). (36) Hynobius hirosei (no common (67) Neurergus crocatus (no common name). name). (37) Hynobius katoi (Akaishi sansho- (68) Neurergus derjugini or Neurergus uo). microspilotus (Kurdistan newt). (38) Hynobius kimurae (Hida sala- (69) Neurergus kaiseri (Lorestan newt, mander). Luristan newt, emperor spotted newt, (39) Hynobius leechii (northeastern Zagros newt, Iranian harlequin newt, China hynobiid salamander). kaiser newt). (40) Hynobius lichenatus (northeast (70) Neurergus strauchii (no common salamander). name). (41) Hynobius maoershanensis (no com- (71) Notophthalmus meridionalis mon name). (black-spotted newt). (42) Hynobius naevius (blotched sala- (72) Notophthalmus perstriatus (striped mander). newt). (43) Hynobius nebulosus (misty sala- (73) Notophthalmus viridescens (eastern mander). newt). (44) Hynobius nigrescens (black sala- (74) Onychodactylus fischeri (long- mander). tailed clawed salamander). (45) Hynobius okiensis (Oki sala- (75) Onychodactylus fuscus (Tadami mander). clawed salamander). (46) Hynobius osumiensis (Osumi- (76) Onychodactylus intermedius sanshouo). (Bandai clawed salamander). (47) Hynobius quelpaertensis (no com- (77) Onychodactylus japonicus (Japa- mon name). nese clawed salamander). (48) Hynobius retardatus (Hokkaido (78) Onychodactylus kinneburi salamander). (Shikoku clawed salamander). (49) Hynobius shinichisatoi (Sobo- (79) Onychodactylus koreanus (Korai- sanshouo). Sansyouo).

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(80) Onychodactylus nipponoborealis (108) Plethodon cylindraceus (white- (Riben Bei Zhaoni). spotted slimy salamander). (81) Onychodactylus tsukubaensis (109) Plethodon dorsalis (zigzag sala- (Tsukuba clawed salamander). mander, northern zigzag salamander). (82) Onychodactylus zhangyapingi (110) Plethodon dunni (Dunn’s sala- (Jilin Zhaoni). mander). (83) Onychodactylus zhaoermii (111) Plethodon electromorphus (north- (Liaoning). ern ravine salamander). (84) Paramesotriton caudopunctatus (112) Plethodon elongatus (Del Norte (spot-tailed warty newt). salamander). (85) Paramesotriton chinensis (Chinese (113) Plethodon fourchensis (Fourche warty newt). Mountain salamander). (86) Paramesotriton deloustali (no com- (114) Plethodon glutinosus (slimy sala- mon name). mander, northern slimy salamander). (87) Paramesotriton fuzhongensis (no (115) Plethodon grobmani (south- common name). eastern slimy salamander). (88) Paramesotriton guanxiensis (116) Plethodon hoffmani (valley and (Guangxi warty newt). ridge salamander). (89) Paramesotriton hongkongensis (no (117) Plethodon hubrichti (Peaks of common name). Otter salamander). (90) Paramesotriton labiatus (spotless (118) Plethodon idahoensis (Coeur stout newt). d’Alene salamander). (119) Plethodon jordani (Appalachian (91) Paramesotriton longliensis (no salamander, red-cheeked salamander, common name). Jordan’s salamander). (92) Paramesotriton maolanensis (no (120) Plethodon kentucki (Kentucky common name). salamander, Cumberland Plateau sala- (93) Paramesotriton qixilingensis (no mander). common name). (121) Plethodon kiamichi (Kiamichi (94) Paramesotriton wulingensis (no slimy salamander). common name). (122) Plethodon kisatchie (Louisiana (95) Paramesotriton yunwuensis (no slimy salamander). common name). (123) Plethodon larselli (Larch Moun- (96) Paramesotriton zhijinensis (no tain salamander). common name). (124) Plethodon meridianus (South (97) Plethodon ainsworthi (Catahoula Mountain gray-cheeked salamander, salamander, bay springs salamander). southern gray-cheeked salamander). (98) Plethodon albagula (western slimy (125) Plethodon metcalfi (southern salamander). gray-cheeked salamander). (99) Plethodon amplus (Blue Ridge (126) Plethodon mississippi (Mississippi gray-cheeked salamander). slimy salamander). (100) Plethodon angusticlavius (Ozark (127) Plethodon montanus (northern salamander, Ozark zigzag salamander). gray-cheeked salamander). (101) Plethodon asupak (Scott Bar sal- (128) Plethodon neomexicanus (Jemez amander). Mountains salamander). (102) Plethodon aureolus (Tellico sala- (129) Plethodon nettingi (Cheat Moun- mander). tain salamander). (103) Plethodon caddoensis (Caddo (130) Plethodon ocmulgee (Ocmulgee Mountain salamander). slimy salamander). (104) Plethodon chattahoochee (Chat- (131) Plethodon ouachitae (Rich Moun- tahoochee slimy salamander). tain salamander). (105) Plethodon cheoah (Cheoah bald (132) Plethodon petraeus (Pigeon salamander). Mountain salamander). (106) Plethodon chlorobryonis (Atlantic (133) Plethodon punctatus (white-spot- Coast slimy salamander). ted salamander, cow knob salamander). (107) Plethodon cinereus (eastern red- (134) Plethodon richmondi (southern backed salamander, redback sala- ravine salamander, ravine salamander). mander, salamandre raye´e, red-backed (135) Plethodon savannah (Savannah salamander). slimy salamander).

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(136) Plethodon sequoyah (Sequoyah (166) Siren lacertina (greater siren). slimy salamander). (167) Taricha granulosa (rough- (137) Plethodon serratus (southern red- skinned newt). backed salamander). (168) Taricha rivularis (red-bellied (138) Plethodon shenandoah (Shen- newt). andoah salamander). (169) Taricha sierrae (Sierra newt). (139) Plethodon sherando (Big Levels (170) Taricha torosa (California newt). salamander). (171) Triturus carnifex (Italian crested (140) Plethodon shermani (red-legged newt). salamander). (172) Triturus cristatus (great crested (141) Plethodon stormi (Siskiyou newt). Mountains salamander). (173) Triturus dobrogicus (Danube (142) Plethodon teyahalee (Southern crested newt). Appalachian salamander). (174) Triturus hongkongensis (no com- (143) Plethodon vandykei (Van Dyke’s mon name) salamander). (175) Triturus ivanbureschi (Balkan- (144) Plethodon variolatus (South Anatolian crested newt, Buresch’s Carolina slimy salamander). crested newt). (145) Plethodon vehiculum (western (176) Triturus karelinii (Southern red-backed salamander). crested newt). (146) Plethodon ventralis (southern zig- (177) Triturus macedonicus (no com- zag salamander). mon name). (147) Plethodon virginia (Shenandoah (178) Triturus marmoratus (marbled Mountain salamander). newt). (148) Plethodon websteri (Webster’s (179) Triturus pygmaeus (pygmy mar- salamander). bled newt). (149) Plethodon wehrlei (Wehrle’s sala- (180) Triturus vittatus (no common mander). name). (150) Plethodon welleri (Weller’s sala- (181) Tylototriton anguliceps (angular- mander). headed newt). (151) Plethodon yonahlossee (Yonahlossee salamander). (182) Tylototriton asperrimus (black (152) Pleurodeles nebulosus (no com- knobby newt). mon name). (183) Tylototriton broadoridgus (no (153) Pleurodeles poireti (Algerian common name). newt). (184) Tylototriton dabienicus (no com- (154) Pleurodeles waltl (Spanish newt). mon name). (155) Salamandra algira (Algerian sala- (185) Tylototriton daweishanensis (no mander). common name). (156) Salamandra atra (alpine sala- (186) Tylototriton hainanensis (Hainan mander). knobby newt). (157) Salamandra corsica (Corsican fire (187) Tylototriton kweichowensis (red- salamander). tailed knobby newt). (158) Salamandra infraimmaculata (no (188) Tylototriton liuyangensis (no common name). common name). (159) Salamandra lanzai (Lanza’s al- (189) Tylototriton lizhenchangi pine salamander, Salamandra di (Mangshan crocodile newt). Lanza). (190) Tylototriton notialis (no common (160) Salamandra salamandra (fire sal- name). amander). (191) Tylototriton panhai (no common (161) Salamandrella keyserlingii (Sibe- name). rian newt). (192) Tylototriton pseudoverrucosus (162) Salamandrella tridactyla (no com- (southern Sichuan crocodile newt). mon name). (193) Tylototriton shanjing (Yunnan (163) Salamandrina perspicillata newt). (northern spectacled salamander). (194) Tylototriton shanorum (no com- (164) Salamandrina terdigitata (south- mon name). ern spectacled salamander). (195) Tylototriton taliangensis (Thai- (165) Siren intermedia (lesser siren). land newt).

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(196) Tylototriton uyenoi (no common Customs at the port of entry as re- name). quired under § 14.61, all other species of (197) Tylototriton verrucosus (Hima- live reptiles or their eggs may be im- layan newt). ported, transported, and possessed in (198) Tylototriton vietnamensis (no captivity, without a permit, for sci- common name). entific, medical, educational, (199) Tylototriton wenxianensis exhibitional or propagating purposes, (Wenxian knobby newt). but no such live reptiles or any (200) Tylototriton yangi (Tiannan croc- progency or eggs thereof may be re- odile newt). leased into the wild except by the (201) Tylototriton ziegleri (Ziegler’s State wildlife conservation agency crocodile newt). 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 of this chapter, all other species of amphibians may be im- [55 FR 17441, Apr. 25, 1990, as amended at 77 ported, transported, and possessed in FR 3366, Jan. 23, 2012; 80 FR 12745, Mar. 10, 2015] captivity, without a permit, for scientific, medical, education, exhibition, or propagating purposes, but no such Subpart C—Permits amphibians or any progeny or eggs thereof may be released into the wild § 16.22 Injurious wildlife permits. except by the State wildlife conserva- The Director may, upon receipt of an tion agency having jurisdiction over application and in accordance with the the area of release or by persons having issuance criteria of this section, issue a prior written permission for release permit authorizing the importation from such agency. into or shipment between the continental United States, the District of [81 FR 1554, Jan. 13, 2016] Columbia, Hawaii, the Commonwealth § 16.15 Importation of live reptiles or of Puerto Rico, or any possession of the their eggs. United States of injurious wildlife (See subpart B of this part) for zoological, (a) The importation, transportation, educational, medical, or scientific pur- or acquisition of any live specimen, ga- poses. mete, viable egg, or hybrid of the species listed in this paragraph is prohib- (a) Application requirements. Submit ited except as provided under the terms applications for permits to import, and conditions set forth at § 16.22: transport, or acquire injurious wildlife (1) Boiga irregularis (brown tree for such purposes to the attention of snake). the Director, U.S. Fish and Wildlife (2) Python molurus (including P. Service, at the address listed for the molurus molurus (Indian python) and P. Division of Management Authority at molurus bivittatus (Burmese python)). 50 CFR 2.1(b). Submit applications in (3) Python reticulatus, Broghammerus writing on a Federal Fish and Wildlife reticulatus, or Malayopython reticulatus License/Permit application (Form 3– (reticulated python). 200) and attach all of the following in- (4) Python sebae (Northern African formation: python or African rock python). (1) The number of specimens and the (5) Python natalensis (Southern Afri- common and scientific names (genus can python or African rock python). and species) of each species of live (6) Eunectes notaeus (yellow ana- wildlife proposed to be imported or conda). otherwise acquired, transported and (7) Eunectes deschauenseei possessed; (DeSchauensee’s anaconda). (2) The purpose of such importation (8) Eunectes murinus (green ana- or other acquisition, transportation conda). and possession; (9) Eunectes beniensis (Beni anaconda). (3) The address of the premises where (b) Upon the filing of a written dec- such live wildlife will be kept in cap- laration with the District Director of tivity;

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(4) A statement of the applicant’s his knowledge, experience, and facili- qualifications and previous experience ties reasonably can be expected to pro- in caring for and handling captive wild- vide adequate protection for such pub- life. lic interests; and (b) Additional permit conditions. In ad- (4) If such wildlife is to be imported dition to the general conditions set or otherwise acquired for zoological or forth in part 13 of this subchapter B, aquarium exhibition purposes, whether permits to import or ship injurious such exhibition or display will be open wildlife for zoological, educational, to the public during regular appro- medical, or scientific purposes shall be priate hours. subject to the following conditions: (d) The Office of Management and (1) All live wildlife acquired under Budget approved the information col- permit and all progeny thereof, must lection requirements contained in this be confined in the approved facilities part 16 under 44 U.S.C. 3507 and as- on the premises authorized in the per- signed OMB Control Number 1018–0093. mit. The Service may not conduct or spon- (2) No live wildlife, acquired under sor, and you are not required to re- permit, or any eggs or progeny thereof, spond to, a collection of information may be sold, donated, traded, loaned, unless it displays a currently valid or transferred to any other person un- OMB control number. We are collecting less such person has a permit issued by this information to provide informa- the Director under § 16.22 authorizing tion necessary to evaluate permit ap- him to acquire and possess such wild- plications. We will use this informa- life or the eggs or progeny thereof. tion to review permit applications and (3) Permittees shall notify the near- make decisions, according to criteria est Special Agent-in-Charge (see § 10.22 established in various Federal wildlife of this chapter) by telephone or other conservation statutes and regulations, expedient means within 24 hours fol- on the issuance, suspension, revoca- lowing the escape of any wildlife im- tion, or denial of permits. You must reported or transported under authority spond to obtain or retain a permit. We of a permit issued under this section, estimate the public reporting burden or the escape of any progeny of such for these reporting requirements to av- wildlife, unless otherwise specifically erage 2 hours per response, including exempted by terms of the permit. time for reviewing instructions, gath- (c) Issuance criteria. The Director ering and maintaining data, and com- shall consider the following in deter- pleting and reviewing the forms. Direct mining whether to issue a permit to comments regarding the burden esti- import or ship injurious wildlife for zo- mate or any other aspect of these re- ological, educational, medical, or sci- porting requirements to the Service’s entific purposes: Information Collection Clearance Offi- (1) Whether the wildlife is being im- cer at the address provided at 50 CFR ported or otherwise acquired for a bona 2.1(b). fide scientific, medical, educational, or [39 FR 1169, Jan. 4, 1974, as amended at 47 FR zoological exhibition purpose; 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998; (2) Whether the facilities for holding 79 FR 43964, July 29, 2014] the wildlife in captivity have been inspected and approved, and consist of a Subpart D—Additional Exemptions basic cage or structure of a design and material adequate to prevent escape § 16.32 Importation by Federal agen- which is maintained inside a building cies. or other facility of such structure that Nothing in this part shall restrict the the wildlife could not escape from the importation and transportation, with- building or other facility after escap- out a permit, of any live wildlife by ing from the cage or structure main- Federal agencies solely for their own tained therein; use, upon the filing of a written dec- (3) Whether the applicant is a respon- laration with the District Director of sible person who is aware of the poten- Customs at the port of entry as re- tial dangers to public interests posed quired under § 14.61: Provided, That the by such wildlife, and who by reason of provisions of this section shall not

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

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