Tion of Wildlife and Plants

SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTA- TION OF WILDLIFE AND PLANTS

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 10.21 Director. other requirements imposed by a stat- 10.22 Law enforcement offices. ute or regulation of any State or of the United States, including any applicable AUTHORITY: 18 U.S.C. 42; 16 U.S.C. 703–712; 16 U.S.C. 668a–d; 19 U.S.C. 1202, 16 U.S.C. 1531– health, quarantine, agricultural, or 1543; 16 U.S.C. 1361–1384, 1401–1407; 16 U.S.C. customs laws or regulations, or other 742a–742j-l; 16 U.S.C. 3371–3378. Service enforced statutes or regulations. SOURCE: 38 FR 22015, Aug. 15, 1973, unless 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 the effective date of these regulations, Lacey Act, 18 U.S.C. 42. regardless of when the act or omission Lacey Act Amendments of 1981, 16 U.S.C. 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. this subchapter B and, insofar as ap- 1202, [Schedule 1, Part 15D, Headnote 2(d), 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 FR 1159, Jan. 4, 1974] U.S.C. 1361–1384, 1401–1407. [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 sale, purchase, barter, exportation, and of Puerto Rico, American Samoa, U.S. importation of migratory birds. Virgin Islands, Guam, Commonwealth (c) What species are protected as migra- of the Northern Mariana Islands, Baker tory birds? Species protected as migra- Island, Howland Island, Jarvis Island, tory birds are listed in two formats to Johnston Atoll, Kingman Reef, Midway suit the varying needs of the user: Al- Atoll, Navassa Island, Palmyra Atoll, phabetically in paragraph (c)(1) of this and Wake Atoll, and any other terri- section and taxonomically in para- tory or possession under the jurisdic- graph (c)(2) of this section. Taxonomy tion of the United States. and nomenclature generally follow the Whoever means the same as person. 7th edition of the American Ornitholo- Wildlife means the same as fish or gists’ Union’s Check-list of North Amer- wildlife. ican birds (1998, as amended through 2007). For species not treated by the [38 FR 22015, Aug. 15, 1973, as amended at 42 AOU Check-list, we generally follow FR 32377, June 24, 1977; 42 FR 59358, Nov. 16, Monroe and Sibley’s A World Checklist 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, Dec. 26, 1985; 72 FR 48445, Aug. 23, 2007] of Birds (1993). (1) Alphabetical listing. Species are § 10.13 List of Migratory Birds. listed alphabetically by common (English) group names, with the sci- (a) Legal authority for this list. The entific name of each species following Migratory Bird Treaty Act (MBTA) in the common name. It is possible that 16 U.S.C. 703–711, the Fish and Wildlife alphabetical listing by common group Improvement Act of 1978, 16 U.S.C. 712, names may create confusion in those and 16 U.S.C. 742a–j. The MBTA imple- few instances in which the common ments Conventions between the United (English) name of a species has States and four neighboring countries changed. The species formerly known for the protection of migratory birds, as the Falcated Teal, for example, is as follows: now known as the Falcated Duck. To (1) Canada: Convention for the Pro- prevent confusion, the alphabetical list tection of Migratory Birds, August 16, has two entries for Falcated Duck: 1916, United States-Great Britain (on ‘‘DUCK, Falcated’’ and ‘‘[TEAL, behalf of Canada), 39 Stat. 1702, T.S. Falcated (see DUCK, Falcated)].’’ Other No. 628, as amended; potential ambiguities are treated in (2) Mexico: Convention for the Protec- the same way. tion of Migratory Birds and Game Mammals, February 7, 1936, United ACCENTOR, Siberian, Prunella montanella AKEKEE, Loxops caeruleirostris States-United Mexican States AKEPA, Loxops coccineus (=Mexico), 50 Stat. 1311, T.S. No. 912, as AKIALOA, Greater, Hemignathus ellisianus amended; AKIAPOLAAU, Hemignathus munroi (3) Japan: Convention for the Protec- AKIKIKI, Oreomystis bairdi tion of Migratory Birds and Birds in AKOHEKOHE, Palmeria dolei Danger of Extinction, and Their Envi- ALAUAHIO, Maui, Paroreomyza montana Oahu, Paroreomyza maculata ronment, March 4, 1972, United States- ALBATROSS, Black-browed, Thalassarche Japan, 25 U.S.T. 3329, T.I.A.S. No. 7990; melanophris and Black-footed, Phoebastria nigripes (4) Russia: Convention for the Con- Laysan, Phoebastria immutabilis servation of Migratory Birds and Their Light-mantled, Phoebetria palpebrata Environment, United States-Union of Short-tailed, Phoebastria albatrus Shy, Thalassarche cauta Soviet Socialist Republics (=Russia), Wandering, Diomedea exulans November 26, 1976, 92 Stat. 3110, Yellow-nosed, Thalassarche chlororhynchos T.I.A.S. 9073, 16 U.S.C. 703, 712. ANHINGA, Anhinga anhinga (b) Purpose of this list. The purpose is ANI, Groove-billed, Crotophaga sulcirostris to inform the public of the species pro- Smooth-billed, Crotophaga ani tected by regulations designed to en- AMAKIHI, Hawaii, Hemignathus virens Kauai, Hemignathus kauaiensis force the terms of the MBTA. These Oahu, Hemignathus flavus regulations, found in parts 10, 20, and 21 ANIANIAU, Magumma parva of this chapter, cover most aspects of APAPANE, Himatione sanguinea the taking, possession, transportation, AUKLET, Cassin’s, Ptychoramphus aleuticus

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Crested, Aethia cristatella CATBIRD, Black, Melanoptila glabrirostris Least, Aethia pusilla Gray, Dumetella carolinensis Parakeet, Aethia psittacula CHAFFINCH, Common, Fringilla coelebs Rhinoceros, Cerorhinca monocerata CHAT, Yellow-breasted, Icteria virens Whiskered, Aethia pygmaea CHICKADEE, Black-capped, Poecile AVOCET, American, Recurvirostra americana atricapillus [BARN-OWL, Common (see OWL, Barn)] Boreal, Poecile hudsonica BEAN-GOOSE, Taiga, Anser fabalis Carolina, Poecile carolinensis Tundra, Anser serrirostris Chestnut-backed, Poecile rufescens BEARDLESS-TYRANNULET, Northern, Gray-headed, Poecile cincta Camptostoma imberbe Mexican, Poecile sclateri BECARD, Rose-throated, Pachyramphus Mountain, Poecile gambeli aglaiae CHUCK-WILL’S-WIDOW, Caprimulgus BITTERN, American, Botaurus lentiginosus carolinensis Black, Ixobrychus flavicollis CONDOR, California, Gymnogyps [Chinese (see Yellow)] californianus Least, Ixobrychus exilis COOT, American, Fulica americana Schrenck’s, Ixobrychus eurhythmus Caribbean, Fulica caribaea Yellow, Ixobrychus sinensis Eurasian, Fulica atra BLACK-HAWK, Common, Buteogallus Hawaiian, Fulica alai anthracinus CORMORANT, Brandt’s, Phalacrocorax BLACKBIRD, Brewer’s, Euphagus penicillatus cyanocephalus Double-crested, Phalacrocorax auritus Red-winged, Agelaius phoeniceus Great, Phalacrocorax carbo Rusty, Euphagus carolinus Little Pied, Phalacrocorax melanoleucos Tawny-shouldered, Agelaius humeralis Neotropic, Phalacrocorax brasilianus Tricolored, Agelaius tricolor [Olivaceous (see Neotropic)] Yellow-headed, Xanthocephalus Pelagic, Phalacrocorax pelagicus xanthocephalus Red-faced, Phalacrocorax urile Yellow-shouldered, Agelaius xanthomus COWBIRD, Bronzed, Molothrus aeneus BLUEBIRD, Eastern, Sialia sialis Brown-headed, Molothrus ater Mountain, Sialia currucoides Shiny, Molothrus bonariensis Western, Sialia mexicana CRAKE, Corn, Crex crex BLUETAIL, Red-flanked, Tarsiger cyanurus Paint-billed, Neocrex erythrops BLUETHROAT, Luscinia svecica 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 [Mexican (see Tamaulipas)] Little, Emberiza pusilla Northwestern, Corvus caurinus Lark, Calamospiza melanocorys Tamaulipas, Corvus imparatus Lazuli, Passerina amoena White-necked, Corvus leucognaphalus McKay’s, Plectrophenax hyperboreus CUCKOO, Black-billed, Coccyzus Painted, Passerina ciris erythropthalmus Pallas’s, Emberiza pallasi Common, Cuculus canorus Pine, Emberiza leucocephalos Mangrove, Coccyzus minor Reed, Emberiza schoeniclus Oriental, Cuculus optatus Rustic, Emberiza rustica Yellow-billed, Coccyzus americanus Snow, Plectrophenax nivalis CURLEW, Bristle-thighed, Numenius Varied, Passerina versicolor tahitiensis Yellow-breasted, Emberiza aureola Eskimo, Numenius borealis Yellow-throated, Emberiza elegans Eurasian, Numenius arquata BUSHTIT, Psaltriparus minimus Far Eastern, Numenius madagascariensis CANVASBACK, Aythya valisineria [Least (see Little)] CARACARA, Crested, Caracara cheriway Little, Numenius minutus CARDINAL, Northern, Cardinalis cardinalis Long-billed, Numenius americanus CARIB, Green-throated, Eulampis holosericeus DICKCISSEL, Spiza americana Purple-throated, Eulampis jugularis DIPPER, American, Cinclus mexicanus

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DOTTEREL, Eurasian, Charadrius morinellus Dusky-capped, Myiarchus tuberculifer DOVE, Inca, Columbina inca Fork-tailed, Tyrannus savana Mourning, Zenaida macroura Gray, Empidonax wrightii White-tipped, Leptotila verreauxi [Gray-spotted (see Gray-streaked)] White-winged, Zenaida asiatica Gray-streaked, Muscicapa griseisticta Zenaida, Zenaida aurita Great Crested, Myiarchus crinitus DOVEKIE, Alle alle Hammond’s, Empidonax hammondii DOWITCHER, Long-billed, Limnodromus La Sagra’s, Myiarchus sagrae scolopaceus Least, Empidonax minimus Short-billed, Limnodromus griseus Narcissus, Ficedula narcissina DUCK, American Black, Anas rubripes Nutting’s, Myiarchus nuttingi Falcated, Anas falcata Olive-sided, Contopus cooperi Harlequin, Histrionicus histrionicus Pacific-slope, Empidonax difficilis Hawaiian, Anas wyvilliana Piratic, Legatus leucophalus Laysan, Anas laysanensis Puerto Rican, Myiarchus antillarum Long-tailed, Clangula hyemalis Scissor-tailed, Tyrannus forficatus Masked, Nomonyx dominicus Social, Myiozetetes similis Mottled, Anas fulvigula Sulphur-bellied, Myiodynastes luteiventris Muscovy, Cairina moschata Tufted, Mitrephanes phaeocercus Pacific Black, Anas superciliosa Variegated, Empidonomus varius Ring-necked, Aythya collaris Vermilion, Pyrocephalus rubinus Ruddy, Oxyura jamaicensis [Western (see Cordilleran and Pacific- Spot-billed, Anas poecilorhyncha slope)] Tufted, Aythya fuligula Willow, Empidonax traillii Wood, Aix sponsa Yellow-bellied, Empidonax flaviventris DUNLIN, Calidris alpina FOREST-FALCON, Collared, Micrastur EAGLE, Bald, Haliaeetus leucocephalus semitorquatus Golden, Aquila chrysaetos FRIGATEBIRD, Great, Fregata minor White-tailed, Haliaeetus albicilla Lesser, Fregata ariel EGRET, Cattle, Bubulcus ibis Magnificent, Fregata magnificens Chinese, Egretta eulophotes FROG-HAWK, Gray, Accipiter soloensis Great, Ardea alba FRUIT-DOVE, Crimson-crowned, Ptilinopus Intermediate, Mesophoyx intermedia porphyraceus Little, Egretta garzetta Many-colored, Ptilinopus perousii [Plumed (see Intermediate)] Mariana, Ptilinopus roseicapilla Reddish, Egretta rufescens FULMAR, Northern, Fulmarus glacialis Snowy, Egretta thula GADWALL, Anas strepera EIDER, Common, Somateria mollissima GALLINULE, Azure, Porphyrio flavirostris King, Somateria spectabilis Purple, Porphyrio martinica Spectacled, Somateria fischeri GANNET, Northern, Morus bassanus Steller’s, Polysticta stelleri GARGANEY, Anas querquedula ELAENIA, Caribbean, Elaenia martinica GNATCATCHER, Black-capped, Polioptila Greenish, Myiopagis viridicata nigriceps EMERALD, Puerto Rican, Chlorostilbon Black-tailed, Polioptila melanura maugaeus Blue-gray, Polioptila caerulea EUPHONIA, Antillean, Euphonia musica California, Polioptila californica FALCON, Aplomado, Falco femoralis GODWIT, Bar-tailed, Limosa lapponica Peregrine, Falco peregrinus Black-tailed, Limosa limosa Prairie, Falco mexicanus Hudsonian, Limosa haemastica Red-Footed, Falco vespertinus Marbled, Limosa fedoa FIELDFARE, Turdus pilaris GOLDEN-PLOVER, American, Pluvialis domi- FINCH, Cassin’s, Carpodacus cassinii nica House, Carpodacus mexicanus European, Pluvialis apricaria Laysan, Telespiza cantans [Lesser (see American)] Nihoa, Telespiza ultima Pacific, Pluvialis fulva Purple, Carpodacus purpureus GOLDENEYE, Barrow’s, Bucephala islandica [Rosy (see ROSY–FINCH)] Common, Bucephala clangula FLAMINGO, Greater, Phoenicopterus ruber GOLDFINCH, American, Carduelis tristis FLICKER, Gilded, Colaptes chrysoides Lawrence’s, Carduelis lawrencei Northern, Colaptes auratus Lesser, Carduelis psaltria FLYCATCHER, Acadian, Empidonax virescens GOOSE, Barnacle, Branta leucopsis Alder, Empidonax alnorum [Bean, (see BEAN-GOOSE, Taiga)] Ash-throated, Myiarchus cinerascens Canada, Branta canadensis (including Cack- Brown-crested, Myiarchus tyrannulus ling Goose, Branta hutchinsii) Buff-breasted, Empidonax fulvifrons Emperor, Chen canagica Cordilleran, Empidonax occidentalis Greater White-fronted, Anser albifrons Dusky, Empidonax oberholseri Hawaiian, Branta sandvicensis

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Lesser White-fronted, Anser erythropus HAWFINCH, Coccothraustes coccothraustes Ross’s, Chen rossii HAWK, [Asiatic Sparrow (see Snow, Chen caerulescens SPARROWHAWK, Japanese)] GOSHAWK, Northern, Accipiter gentilis Broad-winged, Buteo platypterus GRACKLE, Boat-tailed, Quiscalus major Cooper’s, Accipiter cooperii Common, Quiscalus quiscula Crane, Geranospiza caerulescens Great-tailed, Quiscalus mexicanus Ferruginous, Buteo regalis Greater Antillean, Quiscalus niger Gray, Buteo nitidus GRASSHOPPER-WARBLER, Middendorff’s, Harris’s, Parabuteo unicinctus Locustella ochotensis Hawaiian, Buteo solitarius GRASSQUIT, Black-faced, Tiaris bicolor Red-shouldered, Buteo lineatus Yellow-faced, Tiaris olivaceus Red-tailed, Buteo jamaicensis GREBE, Clark’s, Aechmophorus clarkii Roadside, Buteo magnirostris Eared, Podiceps nigricollis Rough-legged, Buteo lagopus Horned, Podiceps auritus Sharp-shinned, Accipiter striatus Least, Tachybaptus dominicus Short-tailed, Buteo brachyurus Pied-billed, Podilymbus podiceps Swainson’s, Buteo swainsoni Red-necked, Podiceps grisegena White-tailed, Buteo albicaudatus Western, Aechmophorus occidentalis Zone-tailed, Buteo albonotatus GREENFINCH, Oriental, Carduelis sinica HAWK-CUCKOO, Hodgson’s, Cuculus fugax GREENSHANK, Common, Tringa nebularia [HAWK-OWL, Northern (see OWL, Northern Nordmann’s, Tringa guttifer Hawk)] GROSBEAK, Black-headed, Pheucticus HERON, Gray, Ardea cinerea melanocephalus Great Blue, Ardea herodias Blue, Passerina caerulea Green, Butorides virescens Crimson-collared, Rhodothraupis celaeno [Green-backed (see Green)] Evening, Coccothraustes vespertinus Little Blue, Egretta caerulea Pine, Pinicola enucleator [Pacific Reef (see REEF-EGRET, Pacific)] Rose-breasted, Pheucticus ludovicianus Tricolored, Egretta tricolor Yellow, Pheucticus chrysopeplus HOBBY, Eurasian, Falco subbuteo GROUND-DOVE, Common, Columbina HOOPOE, Eurasian, Upupa epops passerina HOUSE-MARTIN, Common, Delichon urbicum Friendly, Gallicolumba stairi HUMMINGBIRD, Allen’s, Selasphorus sasin Ruddy, Columbina talpacoti Anna’s, Calypte anna White-throated, Gallicolumba xanthonura Antillean Crested, Orthorhyncus cristatus GUILLEMOT, Black, Cepphus grylle Berylline, Amazilia beryllina Pigeon, Cepphus columba Black-chinned, Archilochus alexandri GULL, Belcher’s, Larus belcheri Blue-throated, Lampornis clemenciae Black-headed, Larus ridibundus Broad-billed, Cynanthus latirostris Black-tailed, Larus crassirostris Broad-tailed, Selasphorus platycercus Bonaparte’s, Larus philadelphia Buff-bellied, Amazilia yucatanensis California, Larus californicus Bumblebee, Atthis heloisa [Common Black-headed (see Black-headed)] Calliope, Stellula calliope Franklin’s, Larus pipixcan Cinnamon, Amazilia rutila Glaucous, Larus hyperboreus Costa’s, Calypte costae Glaucous-winged, Larus glaucescens Lucifer, Calothorax lucifer Gray-hooded, Larus cirrocephalus Magnificent, Eugenes fulgens Great Black-backed, Larus marinus Ruby-throated, Archilochus colubris Heermann’s, Larus heermanni Rufous, Selasphorus rufus Herring, Larus argentatus Violet-crowned, Amazilia violiceps Iceland, Larus glaucoides White-eared, Hylocharis leucotis Ivory, Pagophila eburnea Xantus’s, Hylocharis xantusii Kelp, Larus dominicanus IBIS, Glossy, Plegadis falcinellus Laughing, Larus atricilla Scarlet, Eudocimus ruber Lesser Black-backed, Larus fuscus White, Eudocimus albus Little, Larus minutus White-faced, Plegadis chihi Mew, Larus canus IIWI, Vestiaria coccinea Ring-billed, Larus delawarensis IMPERIAL-PIGEON, Pacific, Ducula pacifica Ross’s, Rhodostethia rosea JABIRU, Jabiru mycteria Sabine’s, Xema sabini JACANA, Northern, Jacana spinosa Slaty-backed, Larus schistisagus JAEGER, Long-tailed, Stercorarius Thayer’s, Larus thayeri longicaudus Western, Larus occidentalis Parasitic, Stercorarius parasiticus Yellow-footed, Larus livens Pomarine, Stercorarius pomarinus Yellow-legged, Larus michahellis JAY, Blue, Cyanocitta cristata GYRFALCON, Falco rusticolus Brown, Cyanocorax morio HARRIER, Northern, Circus cyaneus Gray, Perisoreus canadensis

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[Gray-breasted (see Mexican)] Gray-breasted, Progne chalybea Green, Cyanocorax yncas Purple, Progne subis Mexican, Aphelocoma ultramarina Southern, Progne elegans Pinyon, Gymnorhinus cyanocephalus MEADOWLARK, Eastern, Sturnella magna [Scrub (see SCRUB-JAY)] Western, Sturnella neglecta Steller’s, Cyanocitta stelleri MERGANSER, Common, Mergus merganser JUNCO, Dark-eyed, Junco hyemalis Hooded, Lophodytes cucullatus Yellow-eyed, Junco phaeonotus Red-breasted, Mergus serrator KAKAWAHIE, Paroreomyza flammea MERLIN, Falco columbarius KAMAO, Myadestes myadestinus MILLERBIRD, Acrocephalus familiaris KESTREL, American, Falco sparverius MOCKINGBIRD, Bahama, Mimus gundlachii Eurasian, Falco tinnunculus Blue, Melanotis caerulescens KILLDEER, Charadrius vociferus Northern, Mimus polyglottos KINGBIRD, Cassin’s, Tyrannus vociferans MOORHEN, Common, Gallinula chloropus Couch’s, Tyrannus couchii MURRE, Common, Uria aalge Eastern, Tyrannus tyrannus Thick-billed, Uria lomvia Gray, Tyrannus dominicensis MURRELET, Ancient, Synthliboramphus Loggerhead, Tyrannus caudifasciatus antiquus Thick-billed, Tyrannus crassirostris Craveri’s, Synthliboramphus craveri Tropical, Tyrannus melancholicus Kittlitz’s, Brachyramphus brevirostris Western, Tyrannus verticalis Long-billed, Brachyramphus perdix KINGFISHER, Belted, Megaceryle alcyon Marbled, Brachyramphus marmoratus Collared, Todirhamphus chloris Xantus’s, Synthliboramphus hypoleucus Green, Chloroceryle americana NEEDLETAIL, White-throated, Hirundapus Micronesian, Todirhamphus cinnamominus caudacutus Ringed, Megaceryle torquata NIGHT-HERON, Black-crowned, Nycticorax KINGLET, Golden-crowned, Regulus satrapa nycticorax Ruby-crowned, Regulus calendula Japanese, Gorsachius goisagi KISKADEE, Great, Pitangus sulphuratus [Malay (see Malayan)] KITE, [American Swallow-tailed (see Swal- Malayan, Gorsachius melanolophus low-tailed)] Yellow-crowned, Nyctanassa violacea Black, Milvus migrans NIGHTHAWK, Antillean, Chordeiles [Black-shouldered (see White-tailed)] gundlachii Hook-billed, Chondrohierax uncinatus Common, Chordeiles minor Mississippi, Ictinia mississippiensis Lesser, Chordeiles acutipennis Snail, Rostrhamus sociabilis NIGHTINGALE-THRUSH, Black-headed, Swallow-tailed, Elanoides forficatus Catharus mexicanus White-tailed, Elanus leucurus Orange-billed, Catharus aurantiirostris KITTIWAKE, Black-legged, Rissa tridactyla NIGHTJAR, Buff-collared, Caprimulgus Red-legged, Rissa brevirostris ridgwayi KNOT, Great, Calidris tenuirostris Gray, Caprimulgus indicus Red, Calidris canutus [Jungle (see Gray)] LAPWING, Northern, Vanellus vanellus Puerto Rican, Caprimulgus noctitherus LARK, Horned, Eremophila alpestris NODDY, Black, Anous minutus Sky, Alauda arvensis Blue-gray, Procelsterna cerulea LIMPKIN, Aramus guarauna Brown, Anous stolidus LIZARD-CUCKOO, Puerto Rican, Coccyzus [Lesser (see Black)] vieilloti NUKUPUU, Hemignathus lucidus LONGSPUR, Chestnut-collared, Calcarius NUTCRACKER, Clark’s, Nucifraga ornatus columbiana Lapland, Calcarius lapponicus NUTHATCH, Brown-headed, Sitta pusilla McCown’s, Calcarius mccownii Pygmy, Sitta pygmaea Smith’s, Calcarius pictus Red-breasted, Sitta canadensis LOON, Arctic, Gavia arctica White-breasted, Sitta carolinensis Common, Gavia immer [OLDSQUAW (see DUCK, Long-tailed)] Pacific, Gavia pacifica OLOMAO, Myadestes lanaiensis Red-throated, Gavia stellata OMAO, Myadestes obscurus Yellow-billed, Gavia adamsii ORIOLE, Altamira, Icterus gularis MAGPIE, Black-billed, Pica hudsonia Audubon’s, Icterus graduacauda Yellow-billed, Pica nuttalli Baltimore, Icterus galbula MALLARD, Anas platyrhynchos [Black-cowled (see Greater Antillean)] MANGO, Antillean, Anthracothorax dominicus Black-vented, Icterus wagleri Green, Anthracothorax viridis Bullock’s, Icterus bullockii Green-breasted, Anthracothorax prevostii Greater Antillean, Icterus dominicensis MARTIN, Brown-chested, Progne tapera Hooded, Icterus cucullatus Caribbean, Progne dominicensis [Northern (see Baltimore and Bullock’s)] Cuban, Progne cryptoleuca Orchard, Icterus spurius

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Scott’s, Icterus parisorum Eastern, Sayornis phoebe Streak-backed, Icterus pustulatus Say’s, Sayornis saya OSPREY, Pandion haliaetus PIGEON, Band-tailed, Patagioenas fasciata OU, Psittirostra psittacea Plain, Patagioenas inornata OVENBIRD, Seiurus aurocapilla Red-billed, Patagioenas flavirostris OWL, Barn, Tyto alba Scaly-naped, Patagioenas squamosa Barred, Strix varia White-crowned, Patagioenas leucocephala Boreal, Aegolius funereus PINTAIL, Northern, Anas acuta Burrowing, Athene cunicularia White-cheeked, Anas bahamensis Elf, Micrathene whitneyi PIPIT, American, Anthus rubescens Flammulated, Otus flammeolus Olive-backed, Anthus hodgsoni Great Gray, Strix nebulosa Pechora, Anthus gustavi Great Horned, Bubo virginianus Red-throated, Anthus cervinus Long-eared, Asio otus Sprague’s, Anthus spragueii Mottled, Ciccaba virgata Tree, Anthus trivialis Northern Hawk, Surnia ulula [Water (see American)] Northern Saw-whet, Aegolius acadicus PLOVER, Black-bellied, Pluvialis squatarola Short-eared, Asio flammeus Collared, Charadrius collaris Snowy, Bubo scandiacus Common Ringed, Charadrius hiaticula Spotted, Strix occidentalis [Great Sand (see Sand-Plover, Greater)] Stygian, Asio stygius Little Ringed, Charadrius dubius OYSTERCATCHER, American, Haematopus [Mongolian (see Sand-Plover, Lesser)] palliatus Mountain, Charadrius montanus Black, Haematopus bachmani Piping, Charadrius melodus Eurasian, Haematopus ostralegus Semipalmated, Charadrius semipalmatus PALILA, Loxioides bailleui Snowy, Charadrius alexandrinus PALM-SWIFT, Antillean, Tachornis Wilson’s, Charadrius wilsonia phoenicobia POCHARD, Baer’s, Aythya baeri PARROTBILL, Maui, Pseudonestor Common, Aythya ferina xanthophrys POND-HERON, Chinese, Ardeola bacchus PARULA, Northern, Parula americana POORWILL, Common, Phalaenoptilus Tropical, Parula pitiayumi nuttallii PAURAQUE, Common, Nyctidromus albicollis POO-ULI, Melamprosops phaeosoma PUAIOHI, Myadestes palmeri PELICAN, American White, Pelecanus PUFFIN, Atlantic, Fratercula arctica erythrorhynchos Horned, Fratercula corniculata Brown, Pelecanus occidentalis Tufted, Fratercula cirrhata PETREL, Bermuda, Pterodroma cahow PYGMY-OWL, Ferruginous, Glaucidium Black-capped, Pterodroma hasitata brasilianum Black-winged, Pterodroma nigripennis Northern, Glaucidium gnoma Bonin, Pterodroma hypoleuca PYRRHULOXIA, Cardinalis sinuatus Bulwer’s, Bulweria bulwerii QUAIL-DOVE, Bridled, Geotrygon mystacea Cook’s, Pterodroma cookii Key West, Geotrygon chrysia [Dark-rumped (see Hawaiian)] Ruddy, Geotrygon montana Gould’s, Pterodroma leucoptera QUETZEL, Eared, Euptilotis neoxenus Great-winged, Pterodroma macroptera RAIL, Black, Laterallus jamaicensis Hawaiian, Pterodroma sandwichensis Buff-banded, Gallirallus philippensis Herald, Pterodroma arminjoniana Clapper, Rallus longirostris Jouanin’s, Bulweria fallax Guam, Gallirallus owstoni Juan Fernandez, Pterodroma externa King, Rallus elegans Kermadec, Pterodroma neglecta Spotted, Pardirallus maculatus Mottled, Pterodroma inexpectata Virginia, Rallus limicola Murphy’s, Pterodroma ultima Yellow, Coturnicops noveboracensis Phoenix, Pterodroma alba RAVEN, Chihuahuan, Corvus cryptoleucus Stejneger’s, Pterodroma longirostris Common, Corvus corax Tahiti, Pterodroma rostrata RAZORBILL, Alca torda White-necked, Pterodroma cervicalis REDHEAD, Aythya americana [White-necked, Pterodroma externa (see Pe- REDPOLL, Common, Carduelis flammea trel, Juan Fernandez)] Hoary, Carduelis hornemanni PEWEE, Cuban, Contopus caribaeus REDSHANK, Spotted, Tringa erythropus Greater, Contopus pertinax REDSTART, American, Setophaga ruticilla Hispaniolan, Contopus hispaniolensis Painted, Myioborus pictus Lesser Antillean, Contopus latirostris Slate-throated, Myioborus miniatus PHAINOPEPLA, Phainopepla nitens [REED-BUNTING, Common (see BUNTING, PHALAROPE, Red, Phalaropus fulicarius Reed)] Red-necked, Phalaropus lobatus [Pallas’ (see BUNTING, Pallas’s)] Wilson’s, Phalaropus tricolor REED-WARBLER, Nightingale, Acrocephalus PHOEBE, Black, Sayornis nigricans luscinia

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REEF-EGRET, Pacific, Egretta sacra Black-vented, Puffinus opisthomelas REEF-HERON, Western, Egretta gularis Buller’s, Puffinus bulleri ROADRUNNER, Greater, Geococcyx Cape Verde, Calonectris edwardsii californianus Christmas, Puffinus nativitatis ROBIN, American, Turdus migratorius Cory’s, Calonectris diomedea Clay-colored, Turdus grayi Flesh-footed, Puffinus carneipes Rufous-backed, Turdus rufopalliatus Greater, Puffinus gravis Siberian Blue, Luscinia cyane Little, Puffinus assimilis White-throated, Turdus assimilis Manx, Puffinus puffinus ROSEFINCH, Common, Carpodacus Pink-footed, Puffinus creatopus erythrinus Short-tailed, Puffinus tenuirostris ROSY-FINCH, Black, Leucosticte atrata Sooty, Puffinus griseus Brown-capped, Leucosticte australis Streaked, Calonectris leucomelas Gray-crowned, Leucosticte tephrocotis Townsend’s, Puffinus auricularis RUBYTHROAT, Siberian, Luscinia calliope Wedge-tailed, Puffinus pacificus RUFF, Philomachus pugnax SHOVELER, Northern, Anas clypeata SANDERLING, Calidris alba SHRIKE, Brown, Lanius cristatus SANDPIPER, Baird’s, Calidris bairdii Loggerhead, Lanius ludovicianus Broad-billed, Limicola falcinellus Northern, Lanius excubitor Buff-breasted, Tryngites subruficollis SILKY-FLYCATCHER, Gray, Ptilogonys Common, Actitis hypoleucos cinereus Curlew, Calidris ferruginea SISKIN, Eurasian, Carduelis spinus Green, Tringa ochropus Pine, Carduelis pinus Least, Calidris minutilla SKIMMER, Black, Rynchops niger Marsh, Tringa stagnatilis SKUA, Great, Stercorarius skua Pectoral, Calidris melanotos South Polar, Stercorarius maccormicki Purple, Calidris maritima [SKYLARK, Eurasian (see LARK, Sky)] Rock, Calidris ptilocnemis SMEW, Mergellus albellus Semipalmated, Calidris pusilla SNIPE, Common, Gallinago gallinago (rare in Sharp-tailed, Calidris acuminata western Alaska; also see SNIPE, Wil- Solitary, Tringa solitaria son’s) [Spoonbill (see Spoon-billed)] Jack, Lymnocryptes minimus Spoon-billed, Eurynorhynchus pygmeus Pin-tailed, Gallinago stenura Spotted, Actitis macularius Swinhoe’s, Gallinago megala Stilt, Calidris himantopus Wilson’s, Gallinago delicata (the ‘‘common’’ Terek, Xenus cinereus snipe hunted in most of the U.S.) Upland, Bartramia longicauda SOLITAIRE, Townsend’s, Myadestes Western, Calidris mauri townsendi White-rumped, Calidris fuscicollis SORA, Porzana carolina Wood, Tringa glareola SPARROW, American Tree, Spizella arborea SAND-PLOVER, Greater, Charadrius Bachman’s, Aimophila aestivalis leschenaultii Baird’s, Ammodramus bairdii Lesser, Charadrius mongolus Black-chinned, Spizella atrogularis SAPSUCKER, Red-breasted, Sphyrapicus Black-throated, Amphispiza bilineata ruber Botteri’s, Aimophila botterii Red-naped, Sphyrapicus nuchalis Brewer’s, Spizella breweri Williamson’s, Sphyrapicus thyroideus Cassin’s, Aimophila cassinii Yellow-bellied, Sphyrapicus varius Chipping, Spizella passerina SCAUP, Greater, Aythya marila Clay-colored, Spizella pallida Lesser, Aythya affinis Field, Spizella pusilla SCOPS-OWL, Oriental, Otus sunia Five-striped, Aimophila quinquestriata SCOTER, Black, Melanitta nigra Fox, Passerella iliaca Surf, Melanitta perspicillata Golden-crowned, Zonotrichia atricapilla White-winged, Melanitta fusca Grasshopper, Ammodramus savannarum SCREECH-OWL, Eastern, Megascops asio Harris’s, Zonotrichia querula Puerto Rican, Megascops nudipes Henslow’s, Ammodramus henslowii Western, Megascops kennicottii Lark, Chondestes grammacus Whiskered, Megascops trichopsis Le Conte’s, Ammodramus leconteii SCRUB-JAY, Florida, Aphelocoma Lincoln’s, Melospiza lincolnii coerulescens Nelson’s Sharp-tailed, Ammodramus nelsoni Island, Aphelocoma insularis Olive, Arremonops rufivirgatus Western, Aphelocoma californica Rufous-crowned, Aimophila ruficeps SEA-EAGLE, Steller’s, Haliaeetus pelagicus Rufous-winged, Aimophila carpalis SEEDEATER, White-collared, Sporophila Sage, Amphispiza belli torqueola Saltmarsh Sharp-tailed, Ammodramus SHEARWATER, Audubon’s, Puffinus caudacutus lherminieri Savannah, Passerculus sandwichensis

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Seaside, Ammodramus maritimus Common, Apus apus [Sharp-tailed (see Nelson’s Sharp-tailed Fork-tailed, Apus pacificus and Saltmarsh Sharp-tailed)] Short-tailed, Chaetura brachyura Song, Melospiza melodia Vaux’s, Chaetura vauxi Swamp, Melospiza georgiana White-collared, Streptoprocne zonaris Vesper, Pooecetes gramineus White-throated, Aeronautes saxatalis White-crowned, Zonotrichia leucophrys SWIFTLET, Mariana, Aerodramus bartschi White-throated, Zonotrichia albicollis White-rumped, Aerodramus spodiopygius Worthen’s, Spizella wortheni TANAGER, Flame-colored, Piranga bidentata SPARROWHAWK, Japanese, Accipiter gularis Hepatic, Piranga flava SPINDALIS, Puerto Rican, Spindalis Puerto Rican, Nesospingus speculiferus portoricensis Scarlet, Piranga olivacea Western, Spindalis zena [Stripe-headed (see SPINDALIS, Puerto SPOONBILL, Roseate, Platalea ajaja Rican and Western)] STARLING, [Ashy (see White-cheeked)] Summer, Piranga rubra Chestnut-cheeked, Sturnus philippensis Western, Piranga ludoviciana [Violet-backed (see Chestnut-cheeked)] TATTLER, Gray-tailed, Tringa brevipes White-cheeked, Sturnus cineraceus Wandering, Tringa incana STARTHROAT, Plain-capped, Heliomaster TEAL, Baikal, Anas formosa constantii Blue-winged, Anas discors STILT, Black-necked, Himantopus mexicanus Cinnamon, Anas cyanoptera Black-winged, Himantopus himantopus [Falcated (see DUCK, Falcated)] STINT, Little, Calidris minuta Green-winged, Anas crecca Long-toed, Calidris subminuta TERN, Aleutian, Onychoprion aleuticus Red-necked, Calidris ruficollis Arctic, Sterna paradisaea [Rufous-necked (see Red-necked)] Black, Chlidonias niger Temminck’s, Calidris temminckii Black-naped, Sterna sumatrana STONECHAT, Saxicola torquatus Bridled, Onychoprion anaethetus STORK, Wood, Mycteria americana Caspian, Hydroprogne caspia STORM-PETREL, Ashy, Oceanodroma Common, Sterna hirundo homochroa Elegant, Thalasseus elegans Band-rumped, Oceanodroma castro Forster’s, Sterna forsteri Black, Oceanodroma melania Gray-backed, Onychoprion lunatus Black-bellied, Fregetta tropica Great Crested, Thalasseus bergii Fork-tailed, Oceanodroma furcata Gull-billed, Gelochelidon nilotica Leach’s, Oceanodroma leucorhoa Large-billed, Phaetusa simplex Least, Oceanodroma microsoma Least, Sternula antillarum Matsudaira’s, Oceanodroma matsudairae Little, Sternula albifrons Polynesian, Nesofregata fuliginosa Roseate, Sterna dougallii Ringed, Oceanodroma hornbyi Royal, Thalleseus maximus [Sooty (see Tristram’s)] Sandwich, Thalleseus sandvicensis Tristram’s, Oceanodroma tristrami Sooty, Onychoprion fuscatus Wedge-rumped, Oceanodroma tethys Whiskered, Chlidonias hybrida White-faced, Pelagodroma marina White, Gygis alba White-bellied, Fregetta grallaria White-winged, Chlidonias leucopterus Wilson’s, Oceanites oceanicus THRASHER, Bendire’s, Toxostoma bendirei SURFBIRD, Aphriza virgata Brown, Toxostoma rufum SWALLOW, Bahama, Tachycineta California, Toxostoma redivivum cyaneoviridis Crissal, Toxostoma crissale Bank, Riparia riparia Curve-billed, Toxostoma curvirostre Barn, Hirundo rustica Le Conte’s, Toxostoma lecontei Cave, Petrochelidon fulva Long-billed, Toxostoma longirostre Cliff, Petrochelidon pyrrhonota Pearly-eyed, Margarops fuscatus Mangrove, Tachycineta albilinea Sage, Oreoscoptes montanus Northern Rough-winged, Stelgidopteryx THRUSH, Aztec, Ridgwayia pinicola serripennis Bicknell’s, Catharus bicknelli Tree, Tachycineta bicolor Blue Rock, Monticola solitarius Violet-green, Tachycineta thalassina Dusky, Turdus naumanni SWAMPHEN, Purple, Porphyrio porphyrio Eyebrowed, Turdus obscurus SWAN, Trumpeter, Cygnus buccinator Gray-cheeked, Catharus minimus Tundra, Cygnus columbianus [Hawaiian (see KAMAO, OLOMAO, and Whooper, Cygnus cygnus OMAO)] SWIFT, Alpine, Apus melba Hermit, Catharus guttatus [Antillean Palm (see PALM-SWIFT, Antil- Red-legged, Turdus plumbeus lean)] [Small Kauai (see PUAIOHI)] Black, Cypseloides niger Swainson’s, Catharus ustulatus Chimney, Chaetura pelagica Varied, Ixoreus naevius

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Wood, Hylocichla mustelina Black-throated Green, Dendroica virens [TIT, Siberian (see CHICKADEE, Gray- Blackburnian, Dendroica fusca headed)] Blackpoll, Dendroica striata TITMOUSE, Black-crested, Baeolophus Blue-winged, Vermivora pinus atricristatus Canada, Wilsonia canadensis Bridled, Baeolophus wollweberi Cape May, Dendroica tigrina Juniper, Baeolophus ridgwayi Cerulean, Dendroica cerulea Oak, Baeolophus inornatus Chestnut-sided, Dendroica pensylvanica [Plain (see Juniper and Oak)] Colima, Vermivora crissalis Tufted, Baeolophus bicolor Connecticut, Oporornis agilis TITYRA, Masked, Tityra semifasciata Crescent-chested, Parula superciliosa TOWHEE, Abert’s, Pipilo aberti Dusky, Phylloscopus fuscatus [Brown (see California and Canyon)] Elfin-woods, Dendroica angelae California, Pipilo crissalis Fan-tailed, Euthlypis lachrymosa Canyon, Pipilo fuscus Golden-cheeked, Dendroica chrysoparia Eastern, Pipilo erythrophthalmus Golden-crowned, Basileuterus culicivorus Green-tailed, Pipilo chlorurus Golden-winged, Vermivora chrysoptera [Rufous-sided (see Eastern and Spotted)] Grace’s, Dendroica graciae Spotted, Pipilo maculatus Hermit, Dendroica occidentalis [TREE-PIPIT, Olive (see PIPIT, Olive- Hooded, Wilsonia citrina backed)] Kentucky, Oporornis formosus TROGON, [Eared (see QUETZEL, Eared)] Kirtland’s, Dendroica kirtlandii Elegant, Trogon elegans Lanceolated, Locustella lanceoloata TROPICBIRD, Red-billed, Phaethon aethereus Lucy’s, Vermivora luciae Red-tailed, Phaethon rubricauda MacGillivray’s, Oporornis tolmiei White-tailed, Phaethon lepturus Magnolia, Dendroica magnolia TURNSTONE, Black, Arenaria melanocephala Mourning, Oporornis philadelphia Ruddy, Arenaria interpres Nashville, Vermivora ruficapilla TURTLE-DOVE, Oriental, Streptopelia Olive, Peucedramus taeniatus orientalis Orange-crowned, Vermivora celata VEERY, Catharus fuscescens Palm, Dendroica palmarum VERDIN, Auriparus flaviceps Pine, Dendroica pinus VIOLET-EAR, Green, Colibri thalassinus Prairie, Dendroica discolor VIREO, Bell’s, Vireo bellii Prothonotary, Protonotaria citrea Black-capped, Vireo atricapillus Red-faced, Cardellina rubrifrons Black-whiskered, Vireo altiloquus Rufous-capped, Basileuterus rufifrons Blue-headed, Vireo solitarius Swainson’s, Limnothlypis swainsonii Cassin’s, Vireo cassinii Tennessee, Vermivora peregrina Gray, Vireo vicinior Townsend’s, Dendroica townsendi Hutton’s, Vireo huttoni Virginia’s, Vermivora virginiae Philadelphia, Vireo philadelphicus Willow, Phylloscopus trochilus Plumbeous, Vireo plumbeus Wilson’s, Wilsonia pusilla Puerto Rican, Vireo latimeri Wood, Phylloscopus siilatrix Red-eyed, Vireo olivaceus Worm-eating, Helmitheros vermivorum [Solitary (see Blue-headed, Cassin’s, and Yellow, Dendroica petechia Plumbeous)] Yellow-browed, Phylloscopus inornatus Thick-billed, Vireo crassirostris Yellow-rumped, Dendroica coronata Warbling, Vireo gilvus Yellow-throated, Dendroica dominica White-eyed, Vireo griseus WATERTHRUSH, Louisiana, Seiurus Yellow-green, Vireo flavoviridis motacilla Yellow-throated, Vireo flavifrons Northern, Seiurus noveboracensis Yucatan, Vireo magister WAXWING, Bohemian, Bombycilla garrulus VULTURE, Black, Coragyps atratus Cedar, Bombycilla cedrorum Turkey, Cathartes aura WHEATEAR, Northern, Oenanthe oenanthe WAGTAIL, [Black-backed (see White)] WHIMBREL, Numenius phaeopus Citrine, Motacilla citreola WHIP-POOR-WILL, Caprimulgus vociferus Eastern Yellow, Motacilla tschutschensis WHISTLING-DUCK, Black-bellied, Gray, Motacilla cinerea Dendrocygna autumnalis White, Motacilla alba Fulvous, Dendrocygna bicolor [Yellow (see Eastern Yellow)] West Indian, Dendrocygna arborea WARBLER, Adelaide’s, Dendroica adelaidae WHITETHROAT, Lesser, Sylvia curruca Arctic, Phylloscopus borealis WIGEON, American, Anas americana Bachman’s, Vermivora bachmanii Eurasian, Anas penelope Bay-breasted, Dendroica castanea WILLET, Tringa semipalmata Black-and-white, Mniotilta varia WOOD-PEWEE, Eastern, Contopus virens Black-throated Blue, Dendroica caerulescens Western, Contopus sordidulus Black-throated Gray, Dendroica nigrescens WOODCOCK, American, Scolopax minor

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Eurasian, Scolopax rusticola Chen rossii, Ross’s Goose WOODPECKER, Acorn, Melanerpes Branta bernicla, Brant formicivorus Branta leucopsis, Barnacle Goose American Three-toed, Picoides dorsalis Branta canadensis, Canada Goose (including Arizona, Picoides arizonae Branta hutchinsii, Cackling Goose) Black-backed, Picoides arcticus Branta sandvicensis, Hawaiian Goose Downy, Picoides pubescens Cygnus buccinator, Trumpeter Swan Gila, Melanerpes uropygialis Cygnus columbianus, Tundra Swan Golden-fronted, Melanerpes aurifrons Cygnus cygnus, Whooper Swan Great Spotted, Dendrocopos major Subfamily ANATINAE Hairy, Picoides villosus Cairina moschata, Muscovy Duck Ivory-billed, Campephilus principalis Aix sponsa, Wood Duck Ladder-backed, Picoides scalaris Anas strepera, Gadwall Lewis’s, Melanerpes lewis Anas falcata, Falcated Duck Nuttall’s, Picoides nuttallii Anas penelope, Eurasian Wigeon Pileated, Dryocopus pileatus Anas americana, American Wigeon Puerto Rican, Melanerpes portoricensis Anas rubripes, American Black Duck Red-bellied, Melanerpes carolinus Anas platyrhynchos, Mallard Red-cockaded, Picoides borealis Anas fulvigula, Mottled Duck Red-headed, Melanerpes erythrocephalus Anas wyvilliana, Hawaiian Duck [Strickland’s (see Arizona)] Anas laysanensis, Laysan Duck [Three-toed (see American Three-toed)] Anas poecilorhyncha, Spot-billed Duck White-headed, Picoides albolarvatus Anas superciliosa, Pacific Black Duck WOODSTAR, Bahama, Calliphlox evelynae Anas discors, Blue-winged Teal WREN, Bewick’s, Thryomanes bewickii Anas cyanoptera, Cinnamon Teal Cactus, Campylorhynchus brunneicapillus Anas clypeata, Northern Shoveler Canyon, Catherpes mexicanus Anas bahamensis, White-cheeked Pintail Carolina, Thryothorus ludovicianus Anas acuta, Northern Pintail House, Troglodytes aedon Anas querquedula, Garganey Marsh, Cistothorus palustris Anas formosa, Baikal Teal Rock, Salpinctes obsoletus Anas crecca, Green-winged Teal Sedge, Cistothorus platensis Aythya valisineria, Canvasback Winter, Troglodytes troglodytes Aythya americana, Redhead WRYNECK, Eurasian, Jynx torquilla Aythya ferina, Common Pochard YELLOWLEGS, Greater, Tringa melanoleuca Aythya baeri, Baer’s Pochard Lesser, Tringa flavipes Aythya collaris, Ring-necked Duck YELLOWTHROAT, Common, Geothlypis Aythya fuligula, Tufted Duck trichas Aythya marila, Greater Scaup Gray-crowned, Geothlypis poliocephala Aythya affinis, Lesser Scaup (2) Taxonomic listing. Species are list- Polysticta stelleri, Steller’s Eider Somateria fischeri, Spectacled Eider ed in phylogenetic sequence by sci- Somateria spectabilis, King Eider entific name, with the common Somateria mollissima, Common Eider (English) name following the scientific Histrionicus histrionicus, Harlequin Duck name. To help clarify species relation- Melanitta perspicillata, Surf Scoter ships, we also list the higher-level tax- Melanitta fusca, White-winged Scoter onomic categories of Order, Family, Melanitta nigra, Black Scoter and Subfamily. Clangula hyemalis, Long-tailed Duck Bucephala albeola, Bufflehead Order ANSERIFORMES Bucephala clangula, Common Goldeneye Family ANATIDAE Bucephala islandica, Barrow’s Goldeneye Subfamily DENDROCYGNINAE Mergellus albellus, Smew Dendrocygna autumnalis, Black-bellied Lophodytes cucullatus, Hooded Merganser Whistling-Duck Mergus merganser, Common Merganser Dendrocygna arborea, West Indian Whis- Mergus serrator, Red-breasted Merganser tling-Duck Nomonyx dominicus, Masked Duck Dendrocygna bicolor, Fulvous Whistling- Oxyura jamaicensis, Ruddy Duck Duck Order GAVIIFORMES Subfamily ANSERINAE Family GAVIIDAE Anser fabalis, Taiga Bean-Goose Gavia stellata, Red-throated Loon Anser serrirostris, Tundra Bean-Goose Gavia arctica, Arctic Loon Anser albifrons, Greater White-fronted Gavia pacifica, Pacific Loon Goose Gavia immer, Common Loon Anser erythropus, Lesser White-fronted Gavia adamsii, Yellow-billed Loon Goose Order PODICIPEDIFORMES Chen canagica, Emperor Goose Family PODICIPEDIDAE Chen caerulescens, Snow Goose Tachybaptus dominicus, Least Grebe

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Podilymbus podiceps, Pied-billed Grebe Fregetta tropica, Black-bellied Storm-Pe- Podiceps auritus, Horned Grebe trel Podiceps grisegena, Red-necked Grebe Fregetta grallaria, White-bellied Storm-Pe- Podiceps nigricollis, Eared Grebe trel Aechmophorus occidentalis, Western Grebe Nesofregetta fuiginosa, Polynesian Storm- Aechmophorus clarkii, Clark’s Grebe Petrel Order PROCELLARIIFORMES Oceanodroma furcata, Fork-tailed Storm- Family DIOMEDEIDAE Petrel Thalassarche chlororhynchos, Yellow-nosed Oceanodroma hornbyi, Ringed Storm-Petrel Albatross Oceanodroma leucorhoa, Leach’s Storm-Pe- Thalassarche cauta, Shy Albatross trel Thalassarche melanophris, Black-browed Al- Oceanodroma homochroa, Ashy Storm-Pe- batross trel Phoebetria palpebrata, Light-mantled Alba- Oceanodroma castro, Band-rumped Storm- tross Petrel Diomedea exulans, Wandering Albatross Oceanodroma tethys, Wedge-rumped Storm- Phoebastria immutabilis, Laysan Albatross Petrel Phoebastria nigripes, Black-footed Albatross Oceanodroma matsudairae, Matsudaira’s Phoebastria albatrus, Short-tailed Albatross Storm-Petrel Family PROCELLARIIDAE Oceanodroma melania, Black Storm-Petrel Fulmarus glacialis, Northern Fulmar Oceanodroma tristrami, Tristram’s Storm- Pterodroma macroptera, Great-winged Petrel Petrel Pterodroma neglecta, Kermadec Petrel Oceanodroma microsoma, Least Storm-Pe- Pterodroma arminjoniana, Herald Petrel trel Order PELECANIFORMES Pterodroma ultima, Murphy’s Petrel Family PHAETHONTIDAE Pterodroma inexpectata, Mottled Petrel Phaethon lepturus, White-tailed Tropicbird Pterodroma cahow, Bermuda Petrel Phaethon aethereus, Red-billed Tropicbird Pterodroma hasitata, Black-capped Petrel Phaethon rubricauda, Red-tailed Tropicbird Pterodroma externa, Juan Fernandez Petrel Family SULIDAE Pterodroma sandwichensis, Hawaiian Petrel Sula dactylatra, Masked Booby Pterodroma cervicalis, White-necked Petrel Sula nebouxii, Blue-footed Booby Pterodroma hypoleuca, Bonin Petrel Sula leucogaster, Brown Booby Pterodroma nigripennis, Black-winged Pe- Sula sula, Red-footed Booby trel Morus bassanus, Northern Gannet Pterodroma cookii, Cook’s Petrel Family PELECANIDAE Pterodroma longirostris, Stejneger’s Petrel Pelecanus erythrorhynchos, American White Pterodroma alba, Phoenix Petrel Pelican Pterodroma leucoptera, Gould’s Petrel Pelecanus occidentalis, Brown Pelican Pterodroma rostrata, Tahiti Petrel Family PHALACROCORACIDAE Bulweria bulwerii, Bulwer’s Petrel Phalacrocorax melanoleucos, Little Pied Bulweria fallax, Jouanin’s Petrel Cormorant Calonectris leucomelas, Streaked Phalacrocorax penicillatus, Brandt’s Cor- Shearwater morant Calonectris diomedea, Cory’s Shearwater Phalacrocorax brasilianus, Neotropic Cor- Calonectris edwardsii, Cape Verde morant Shearwater Phalacrocorax auritus, Double-crested Cor- Puffinus creatopus, Pink-footed Shearwater morant Puffinus carneipes, Flesh-footed Shearwater Phalacrocorax carbo, Great Cormorant Puffinus gravis, Greater Shearwater Phalacrocorax urile, Red-faced Cormorant Puffinus pacificus, Wedge-tailed Shearwater Phalacrocorax pelagicus, Pelagic Cormorant Puffinus bulleri, Buller’s Shearwater Family ANHINGIDAE Puffinus griseus, Sooty Shearwater Anhinga anhinga, Anhinga Puffinus tenuirostris, Short-tailed Family FREGATIDAE Shearwater Fregata magnificens, Magnificent Puffinus nativitatis, Christmas Shearwater Frigatebird Puffinus puffinus, Manx Shearwater Fregata minor, Great Frigatebird Puffinus auricularis, Townsend’s Fregata ariel, Lesser Frigatebird Shearwater Order CICONIIFORMES Puffinus opisthomelas, Black-vented Family ARDEIDAE Shearwater Botaurus lentiginosus, American Bittern Puffinus lherminieri, Audubon’s Shearwater Ixobrychus sinensis, Yellow Bittern Puffinus assimilis, Little Shearwater Ixobrychus exilis, Least Bittern Family HYDROBATIDAE Ixobrychus eurhythmus, Schrenck’s Bittern Oceanites oceanicus, Wilson’s Storm-Petrel Ixobrychus flavicollis, Black Bittern Pelagodroma marina, White-faced Storm-Pe- Ardea herodias, Great Blue Heron trel Ardea cinerea, Gray Heron

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Ardea alba, Great Egret Buteo swainsoni, Swainson’s Hawk Mesophoyx intermedia, Intermediate Egret Buteo albicaudatus, White-tailed Hawk Egretta eulophotes, Chinese Egret Buteo albonotatus, Zone-tailed Hawk Egretta garzetta, Little Egret Buteo solitarius, Hawaiian Hawk Egretta sacra, Pacific Reef-Egret Buteo jamaicensis, Red-tailed Hawk Egretta gularis, Western Reef-Heron Buteo regalis, Ferruginous Hawk Egretta thula, Snowy Egret Buteo lagopus, Rough-legged Hawk Egretta caerulea, Little Blue Heron Aquila chrysaetos, Golden Eagle Egretta tricolor, Tricolored Heron Family FALCONIDAE Egretta rufescens, Reddish Egret Subfamily MICRASTURINAE Bubulcus ibis, Cattle Egret Micrastur semitorquatus, Collared Forest- Ardeola bacchus, Chinese Pond-Heron Falcon Butorides virescens, Green Heron Subfamily CARACARINAE Nycticorax nycticorax, Black-crowned Caracara cheriway, Crested Caracara Night-Heron Subfamily FALCONINAE Nyctanassa violacea, Yellow-crowned Night- Falco tinnunculus, Eurasian Kestrel Heron Falco sparverius, American Kestrel Gorsachius goisagi, Japanese Night-Heron Falco vespertinus, Red-footed Falcon Gorsachius melanolophus, Malayan Night- Falco columbarius, Merlin Heron Falco subbuteo, Eurasian Hobby Family THRESKIORNITHIDAE Falco femoralis, Aplomado Falcon Subfamily THRESKIORNITHINAE Falco rusticolus, Gyrfalcon Eudocimus albus, White Ibis Falco peregrinus, Peregrine Falcon Eudocimus ruber, Scarlet Ibis Falco mexicanus, Prairie Falcon Plegadis falcinellus, Glossy Ibis Order GRUIFORMES Plegadis chihi, White-faced Ibis Family RALLIDAE Subfamily PLATALEINAE Coturnicops noveboracensis, Yellow Rail Platalea ajaja, Roseate Spoonbill Laterallus jamaicensis, Black Rail Family CICONIIDAE Gallirallus philippensis, Buff-banded Rail Jabiru mycteria, Jabiru Gallirallus owstoni, Guam Rail Mycteria americana, Wood Stork Crex crex, Corn Crake Order PHOENICOPTERIFORMES Rallus longirostris, Clapper Rail Family PHOENICOPTERIDAE Rallus elegans, King Rail Phoenicopterus ruber, Greater Flamingo Rallus limicola, Virginia Rail Order FALCONIFORMES Porzana carolina, Sora Family CATHARTIDAE Porzana tabuensis, Spotless Crake Coragyps atratus, Black Vulture Porzana flaviventer, Yellow-breasted Crake Cathartes aura, Turkey Vulture Neocrex erythrops, Paint-billed Crake Gymnogyps californianus, California Condor Pardirallus maculatus, Spotted Rail Family ACCIPITRIDAE Porphyrio martinica, Purple Gallinule Subfamily PANDIONINAE Porphyrio porphyrio, Purple Swamphen Pandion haliaetus, Osprey Porphyrio flavirostris, Azure Gallinule Subfamily ACCIPITRINAE Gallinula chloropus, Common Moorhen Chondrohierax uncinatus, Hook-billed Kite Fulica atra, Eurasian Coot Elanoides forficatus, Swallow-tailed Kite Fulica alai, Hawaiian Coot Elanus leucurus, White-tailed Kite Fulica americana, American Coot Rostrhamus sociabilis, Snail Kite Fulica caribaea, Caribbean Coot Ictinia mississippiensis, Mississippi Kite Family ARAMIDAE Milvus migrans, Black Kite Aramus guarauna, Limpkin Haliaeetus leucocephalus, Bald Eagle Family GRUIDAE Haliaeetus albicilla, White-tailed Eagle Grus canadensis, Sandhill Crane Haliaeetus pelagicus, Steller’s Sea-Eagle Grus grus, Common Crane Circus cyaneus, Northern Harrier Grus americana, Whooping Crane Accipiter soloensis, Gray Frog-Hawk Order CHARADRIIFORMES Accipiter gularis, Japanese Sparrowhawk Family CHARADRIIDAE Accipiter striatus, Sharp-shinned Hawk Subfamily VANELLINAE Accipiter cooperii, Cooper’s Hawk Vanellus vanellus, Northern Lapwing Accipiter gentilis, Northern Goshawk Subfamily CHARADRIINAE Geranospiza caerulescens, Crane Hawk Pluvialis squatarola, Black-bellied Plover Buteogallus anthracinus, Common Black- Pluvialis apricaria, European Golden-Plover Hawk Pluvialis dominica, American Golden-Plover Parabuteo unicinctus, Harris’s Hawk Pluvialis fulva, Pacific Golden-Plover Buteo magnirostris, Roadside Hawk Charadrius mongolus, Lesser Sand-Plover Buteo lineatus, Red-shouldered Hawk Charadrius leschenaultii, Greater Sand- Buteo platypterus, Broad-winged Hawk Plover Buteo nitidus, Gray Hawk Charadrius collaris, Collared Plover Buteo brachyurus, Short-tailed Hawk Charadrius alexandrinus, Snowy Plover

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Charadrius wilsonia, Wilson’s Plover Calidris bairdii, Baird’s Sandpiper Charadrius hiaticula, Common Ringed Plov- Calidris melanotos, Pectoral Sandpiper er Calidris acuminata, Sharp-tailed Sandpiper Charadrius semipalmatus, Semipalmated Calidris maritima, Purple Sandpiper Plover Calidris ptilocnemis, Rock Sandpiper Charadrius melodus, Piping Plover Calidris alpina, Dunlin Charadrius dubius, Little Ringed Plover Calidris ferruginea, Curlew Sandpiper Charadrius vociferus, Killdeer Calidris himantopus, Stilt Sandpiper Charadrius montanus, Mountain Plover Eurynorhynchus pygmeus, Spoon-billed Charadrius morinellus, Eurasian Dotterel Sandpiper Family HAEMATOPODIDAE Limicola falcinellus, Broad-billed Sandpiper Haematopus ostralegus, Eurasian Tryngites subruficollis, Buff-breasted Sand- Oystercatcher piper Haematopus palliatus, American Philomachus pugnax, Ruff Oystercatcher Limnodromus griseus, Short-billed Haematopus bachmani, Black Oystercatcher Dowitcher Family RECURVIROSTRIDAE Limnodromus scolopaceus, Long-billed Himantopus himantopus, Black-winged Stilt Dowitcher Himantopus mexicanus, Black-necked Stilt Lymnocryptes minimus, Jack Snipe Recurvirostra americana, American Avocet Gallinago delicata, Wilson’s Snipe (the Family JACANIDAE ‘‘common’’ snipe hunted in most of the Jacana spinosa, Northern Jacana U.S.) Family SCOLOPACIDAE Gallinago gallinago, Common Snipe (rare in Subfamily SCOLOPACINAE western Alaska; also see Gallinago Xenus cinereus, Terek Sandpiper delicata) Actitis hypoleucos, Common Sandpiper Gallinago stenura, Pin-tailed Snipe Actitis macularius, Spotted Sandpiper Gallinago megala, Swinhoe’s Snipe Tringa ochropus, Green Sandpiper Scolopax rusticola, Eurasian Woodcock Tringa solitaria, Solitary Sandpiper Scolopax minor, American Woodcock Tringa brevipes, Gray-tailed Tattler Subfamily PHALAROPODINAE Tringa incana, Wandering Tattler Phalaropus tricolor, Wilson’s Phalarope Tringa erythropus, Spotted Redshank Phalaropus lobatus, Red-necked Phalarope Tringa melanoleuca, Greater Yellowlegs Phalaropus fulicarius, Red Phalarope Tringa nebularia, Common Greenshank Family LARIDAE Tringa guttifer, Nordmann’s Greenshank Subfamily LARINAE Tringa semipalmata, Willet Larus atricilla, Laughing Gull Tringa flavipes, Lesser Yellowlegs Larus pipixcan, Franklin’s Gull Tringa stagnatilis, Marsh Sandpiper Larus minutus, Little Gull Tringa glareola, Wood Sandpiper Larus ridibundus, Black-headed Gull Bartramia longicauda, Upland Sandpiper Larus philadelphia, Bonaparte’s Gull Numenius minutus, Little Curlew Larus heermanni, Heermann’s Gull Numenius borealis, Eskimo Curlew Larus cirrocephalus, Gray-hooded Gull Numenius phaeopus, Whimbrel Larus belcheri, Belcher’s Gull Numenius tahitiensis, Bristle-thighed Cur- Larus crassirostris, Black-tailed Gull lew Larus canus, Mew Gull Numenius madagascariensis, Far Eastern Larus delawarensis, Ring-billed Gull Curlew Larus californicus, California Gull Numenius arquata, Eurasian Curlew Larus argentatus, Herring Gull Numenius americanus, Long-billed Curlew Larus michahellis, Yellow-legged Gull Limosa limosa, Black-tailed Godwit Larus thayeri, Thayer’s Gull Limosa haemastica, Hudsonian Godwit Larus glaucoides, Iceland Gull Limosa lapponica, Bar-tailed Godwit Larus fuscus, Lesser Black-backed Gull Limosa fedoa, Marbled Godwit Larus schistisagus, Slaty-backed Gull Arenaria interpres, Ruddy Turnstone Larus livens, Yellow-footed Gull Arenaria melanocephala, Black Turnstone Larus occidentalis, Western Gull Aphriza virgata, Surfbird Larus glaucescens, Glaucous-winged Gull Calidris tenuirostris, Great Knot Larus hyperboreus, Glaucous Gull Calidris canutus, Red Knot Larus marinus, Great Black-backed Gull Calidris alba, Sanderling Larus dominicanus, Kelp Gull Calidris pusilla, Semipalmated Sandpiper Xema sabini, Sabine’s Gull Calidris mauri, Western Sandpiper Rissa tridactyla, Black-legged Kittiwake Calidris ruficollis, Red-necked Stint Rissa brevirostris, Red-legged Kittiwake Calidris minuta, Little Stint Rhodostethia rosea, Ross’s Gull Calidris temminckii, Temminck’s Stint Pagophila eburnea, Ivory 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

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Procelsterna cerulea, Blue-gray Noddy Streptopelia orientalis, Oriental Turtle-Dove Gygis alba, White Tern Zenaida asiatica, White-winged Dove Onychoprion fuscatus, Sooty Tern Zenaida aurita, Zenaida Dove Onychoprion lunatus, Gray-backed Tern Zenaida macroura, Mourning Dove Onychoprion anaethetus, Bridled Tern Columbina inca, Inca Dove Onychoprion aleuticus, Aleutian Tern Columbina passerina, Common Ground-Dove Sternula albifrons, Little Tern Columbina talpacoti, Ruddy Ground-Dove Sternula antillarum, Least Tern Leptotila verreauxi, White-tipped Dove Phaetusa simplex, Large-billed Tern Geotrygon chrysia, Key West Quail-Dove Gelochelidon nilotica, Gull-billed Tern Geotrygon mystacea, Bridled Quail-Dove Hydroprogne caspia, Caspian Tern Geotrygon montana, Ruddy Quail-Dove Chlidonias niger, Black Tern Gallicolumba xanthonura, White-throated Chlidonias leucopterus, White-winged Tern Ground-Dove Chlidonias hybridus, Whiskered Tern Gallicolumba stairi, Friendly Ground-Dove Sterna dougallii, Roseate Tern Ptilinopus perousii, Many-colored Fruit- Sterna hirundo, Common Tern Dove Sterna paradisaea, Arctic Tern Ptilinopus roseicapilla, Mariana Fruit-Dove Sterna forsteri, Forster’s Tern Ptilinopus porphyraceus, Crimson-crowned Sterna sumatrana, Black-naped Tern Fruit-Dove Thalasseus maximus, Royal Tern Ducula pacifica, Pacific Imperial-Pigeon Thalasseus bergii, Great Crested Tern Order CUCULIFORMES Thalasseus sandvicensis, Sandwich Tern Family CUCULIDAE Thalasseus elegans, Elegant Tern Subfamily CUCULINAE Subfamily RYNCHOPINAE Cuculus canorus, Common Cuckoo Rynchops niger, Black Skimmer Cuculus optatus, Oriental Cuckoo Family STERCORARIIDAE Cuculus fugax, Hodgson’s Hawk-Cuckoo Stercorarius skua, Great Skua Coccyzus americanus, Yellow-billed Cuckoo Stercorarius maccormicki, South Polar Skua Coccyzus minor, Mangrove Cuckoo Stercorarius pomarinus, Pomarine Jaeger Coccyzus erythropthalmus, Black-billed Stercorarius parasiticus, Parasitic Jaeger Cuckoo Stercorarius longicaudus, Long-tailed Jaeger Coccyzus vieilloti, Puerto Rican Lizard- Family ALCIDAE Cuckoo Alle alle, Dovekie Subfamily NEOMORPHINAE Uria aalge, Common Murre Geococcyx californianus, Greater Road- Uria lomvia, Thick-billed Murre runner Alca torda, Razorbill Subfamily CROTOPHAGINAE Cepphus grylle, Black Guillemot Crotophaga ani, Smooth-billed Ani Cepphus columba, Pigeon Guillemot Crotophaga sulcirostris, Groove-billed Ani Brachyramphus perdix, Long-billed Order STRIGIFORMES Murrelet Family TYTONIDAE Brachyramphus marmoratus, Marbled Tyto alba, Barn Owl Murrelet Family STRIGIDAE Brachyramphus brevirostris, Kittlitz’s Otus flammeolus, Flammulated Owl Murrelet Otus sunia, Oriental Scops-Owl Synthliboramphus hypoleucus, Xantus’s Megascops kennicottii, Western Screech-Owl Murrelet Megascops asio, Eastern Screech-Owl Synthliboramphus craveri, Craveri’s Megascops trichopsis, Whiskered Screech- Murrelet Owl Synthliboramphus antiquus, Ancient Megascops nudipes, Puerto Rican Screech- Murrelet Owl Ptychoramphus aleuticus, Cassin’s Auklet Bubo virginianus, Great Horned Owl Aethia psittacula, Parakeet Auklet Bubo scandiacus, Snowy Owl Aethia pusilla, Least Auklet Surnia ulula, Northern Hawk Owl Aethia pygmaea, Whiskered Auklet Glaucidium gnoma, Northern Pygmy-Owl Aethia cristatella, Crested Auklet Glaucidium brasilianum, Ferruginous Cerorhinca monocerata, Rhinoceros Auklet Pygmy-Owl Fratercula arctica, Atlantic Puffin Micrathene whitneyi, Elf Owl Fratercula corniculata, Horned Puffin Athene cunicularia, Burrowing Owl Fratercula cirrhata, Tufted Puffin Ciccaba virgata, Mottled Owl Order COLUMBIFORMES Strix occidentalis, Spotted Owl Family COLUMBIDAE Strix varia, Barred Owl Patagioenas squamosa, Scaly-naped Pigeon Strix nebulosa, Great Gray Owl Patagioenas leucocephala, White-crowned Asio otus, Long-eared Owl Pigeon Asio stygius, Stygian Owl Patagioenas flavirostris, Red-billed Pigeon Asio flammeus, Short-eared Owl Patagioenas inornata, Plain Pigeon Aegolius funereus, Boreal Owl Patagioenas fasciata, Band-tailed Pigeon Aegolius acadicus, Northern Saw-whet Owl

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Order CAPRIMULGIFORMES Calliphlox evelynae, Bahama Woodstar Family CAPRIMULGIDAE Calothorax lucifer, Lucifer Hummingbird Subfamily CHORDEILINAE Archilochus colubris, Ruby-throated Hum- Chordeiles acutipennis, Lesser Nighthawk mingbird Chordeiles minor, Common Nighthawk Archilochus alexandri, Black-chinned Hum- Chordeiles gundlachii, Antillean Nighthawk mingbird Subfamily CAPRIMULGINAE Calypte anna, Anna’s Hummingbird Nyctidromus albicollis, Common Pauraque Calypte costae, Costa’s Hummingbird Phalaenoptilus nuttallii, Common Poorwill Stellula calliope, Calliope Hummingbird Caprimulgus carolinensis, Chuck-will’s- Atthis heloisa, Bumblebee Hummingbird widow Selasphorus platycercus, Broad-tailed Hum- Caprimulgus ridgwayi, Buff-collared mingbird Nightjar Selasphorus rufus, Rufous Hummingbird Caprimulgus vociferus, Whip-poor-will Selasphorus sasin, Allen’s Hummingbird Caprimulgus noctitherus, Puerto Rican Order TROGONIFORMES Nightjar Family TROGONIDAE Caprimulgus indicus, Gray Nightjar Subfamily TROGONINAE Order APODIFORMES Trogon elegans, Elegant Trogon Family APODIDAE Euptilotis neoxenus, Eared Quetzel Subfamily CYPSELOIDINAE Order UPUPIFORMES Cypseloides niger, Black Swift Family UPUPIDAE Streptoprocne zonaris, White-collared Swift Upupa epops, Eurasian Hoopoe Subfamily CHAETURINAE Order CORACIIFORMES Chaetura pelagica, Chimney Swift Family ALCEDINIDAE Chaetura vauxi, Vaux’s Swift Subfamily HALCYONINAE Chaetura brachyura, Short-tailed Swift Todirhamphus cinnamominus, Micronesian Hirundapus caudacutus, White-throated Kingfisher Needletail Todirhamphus chloris, Collared Kingfisher Aerodramus spodiopygius, White-rumped Subfamily CERYLINAE Swiftlet Megaceryle torquata, Ringed Kingfisher Aerodramus bartschi, Mariana Swiftlet Megaceryle alcyon, Belted Kingfisher Subfamily APODINAE Chloroceryle americana, Green Kingfisher Apus apus, Common Swift Order PICIFORMES Apus pacificus, Fork-tailed Swift Family PICIDAE Apus melba, Alpine Swift Subfamily JYNGINAE Aeronautes saxatalis, White-throated Swift Jynx torquilla, Eurasian Wryneck Tachornis phoenicobia, Antillean Palm- Subfamily PICINAE Swift Melanerpes lewis, Lewis’s Woodpecker Family TROCHILIDAE Melanerpes portoricensis, Puerto Rican Subfamily TROCHILINAE Woodpecker Colibri thalassinus, Green Violet-ear Melanerpes erythrocephalus, Red-headed Anthracothorax prevostii, Green-breasted Woodpecker Mango Melanerpes formicivorus, Acorn Woodpecker Anthracothorax dominicus, Antillean Mango Melanerpes uropygialis, Gila Woodpecker Anthracothorax viridis, Green Mango Melanerpes aurifrons, Golden-fronted Wood- Eulampis jugularis, Purple-throated Carib pecker Eulampis holosericeus, Green-throated Carib Melanerpes carolinus, Red-bellied Wood- Orthorhyncus cristatus, Antillean Crested pecker Hummingbird Sphyrapicus thyroideus, Williamson’s Sap- Chlorostilbon maugaeus, Puerto Rican Em- sucker erald Sphyrapicus varius, Yellow-bellied Sap- Cynanthus latirostris, Broad-billed Hum- sucker mingbird Sphyrapicus nuchalis, Red-naped Sapsucker Hylocharis leucotis, White-eared Humming- Sphyrapicus ruber, Red-breasted Sapsucker bird Dendrocopos major, Great Spotted Wood- Hylocharis xantusii, Xantus’s Hummingbird pecker Amazilia beryllina, Berylline Hummingbird Picoides scalaris, Ladder-backed Wood- Amazilia yucatanensis, Buff-bellied Hum- pecker mingbird Picoides nuttallii, Nuttall’s Woodpecker Amazilia rutila, Cinnamon Hummingbird Picoides pubescens, Downy Woodpecker Amazilia violiceps, Violet-crowned Hum- Picoides villosus, Hairy Woodpecker mingbird Picoides arizonae, Arizona Woodpecker Lampornis clemenciae, Blue-throated Hum- Picoides borealis, Red-cockaded Woodpecker mingbird Picoides albolarvatus, White-headed Wood- Eugenes fulgens, Magnificent Hummingbird pecker Heliomaster constantii, Plain-capped Picoides dorsalis, American Three-toed Starthroat Woodpecker

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Picoides arcticus, Black-backed Woodpecker Tyrannus tyrannus, Eastern Kingbird Colaptes auratus, Northern Flicker Tyrannus dominicensis, Gray Kingbird Colaptes chrysoides, Gilded Flicker Tyrannus caudifasciatus, Loggerhead Dryocopus pileatus, Pileated Woodpecker Kingbird Campephilus principalis, Ivory-billed Wood- Tyrannus forficatus, Scissor-tailed pecker Flycatcher Order PASSERIFORMES Tyrannus savana, Fork-tailed Flycatcher Family TYRANNIDAE Pachyramphus aglaiae, Rose-throated Subfamily ELAENIINAE Becard Camptostoma imberbe, Northern Beardless- Tityra semifasciata, Masked Tityra Tyrannulet Family LANIIDAE Myiopagis viridicata, Greenish Elaenia Lanius cristatus, Brown Shrike Elaenia martinica, Caribbean Elaenia Lanius ludovicianus, Loggerhead Shrike Subfamily FLUVICOLINAE Lanius excubitor, Northern Shrike Mitrephanes phaeocercus, Tufted Flycatcher Family VIREONIDAE Contopus cooperi, Olive-sided Flycatcher Vireo griseus, White-eyed Vireo Contopus pertinax, Greater Pewee Vireo crassirostris, Thick-billed Vireo Contopus sordidulus, Western Wood-Pewee Vireo latimeri, Puerto Rican Vireo Contopus virens, Eastern Wood-Pewee Vireo bellii, Bell’s Vireo Contopus caribaeus, Cuban Pewee Vireo atricapillus, Black-capped Vireo Contopus hispaniolensis, Hispaniolan Pewee Vireo vicinior, Gray Vireo Contopus latirostris, Lesser Antillean Pewee Vireo flavifrons, Yellow-throated Vireo Empidonax flaviventris, Yellow-bellied Vireo plumbeus, Plumbeous Vireo Flycatcher Vireo cassinii, Cassin’s Vireo Empidonax virescens, Acadian Flycatcher Vireo solitarius, Blue-headed Vireo Empidonax alnorum, Alder Flycatcher Vireo huttoni, Hutton’s Vireo Empidonax traillii, Willow Flycatcher Vireo gilvus, Warbling Vireo Empidonax minimus, Least Flycatcher Vireo philadelphicus, Philadelphia Vireo Empidonax hammondii, Hammond’s Vireo olivaceus, Red-eyed Vireo Flycatcher Vireo flavoviridis, Yellow-green Vireo Empidonax wrightii, Gray Flycatcher Vireo altiloquus, Black-whiskered Vireo Empidonax oberholseri, Dusky Flycatcher Vireo magister, Yucatan Vireo Empidonax difficilis, Pacific-slope Family CORVIDAE Flycatcher Perisoreus canadensis, Gray Jay Empidonax occidentalis, Cordilleran Cyanocitta stelleri, Steller’s Jay Flycatcher Cyanocitta cristata, Blue Jay Empidonax fulvifrons, Buff-breasted Cyanocorax yncas, Green Jay Flycatcher Cyanocorax morio, Brown Jay Sayornis nigricans, Black Phoebe Aphelocoma coerulescens, Florida Scrub-Jay Sayornis phoebe, Eastern Phoebe Aphelocoma insularis, Island Scrub-Jay Sayornis saya, Say’s Phoebe Aphelocoma californica, Western Scrub-Jay Pyrocephalus rubinus, Vermilion Flycatcher Aphelocoma ultramarina, Mexican Jay Subfamily TYRANNINAE Gymnorhinus cyanocephalus, Pinyon Jay Myiarchus tuberculifer, Dusky-capped Nucifraga columbiana, Clark’s Nutcracker Flycatcher Pica hudsonia, Black-billed Magpie Myiarchus cinerascens, Ash-throated Pica nuttalli, Yellow-billed Magpie Flycatcher Corvus kubaryi, Mariana Crow Myiarchus nuttingi, Nutting’s Flycatcher Corvus brachyrhynchos, American Crow Myiarchus crinitus, Great Crested Corvus caurinus, Northwestern Crow Flycatcher Corvus leucognaphalus, White-necked Crow Myiarchus tyrannulus, Brown-crested Corvus imparatus, Tamaulipas Crow Flycatcher Corvus ossifragus, Fish Crow Myiarchus sagrae, La Sagra’s Flycatcher Corvus hawaiiensis, Hawaiian Crow Myiarchus antillarum, Puerto Rican Corvus cryptoleucus, Chihuahuan Raven Flycatcher Corvus corax, Common Raven Pitangus sulphuratus, Great Kiskadee Family ALAUDIDAE Myiozetetes similis, Social Flycatcher Alauda arvensis, Sky Lark Myiodynastes luteiventris, Sulphur-bellied Eremophila alpestris, Horned Lark Flycatcher Family HIRUNDINIDAE Legatus leucophalus, Piratic Flycatcher Subfamily HIRUNDININAE Empidonomus varius, Variegated 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

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Tachycineta albilinea, Mangrove Swallow Phylloscopus inornatus, Yellow-browed War- Tachycineta thalassina, Violet-green Swal- bler low Phylloscopus borealis, Arctic Warbler Tachycineta cyaneoviridis, Bahama Swallow Sylvia curruca, Lesser Whitethroat Stelgidopteryx serripennis, Northern Rough- Subfamily POLIOPTILINAE winged Swallow Polioptila caerulea, Blue-gray Gnatcatcher Riparia riparia, Bank Swallow Polioptila californica, California Petrochelidon pyrrhonota, Cliff Swallow Gnatcatcher Petrochelidon fulva, Cave Swallow Polioptila melanura, Black-tailed Hirundo rustica, Barn Swallow Gnatcatcher Delichon urbicum, Common House-Martin Polioptila nigriceps, Black-capped Family PARIDAE Gnatcatcher Poecile carolinensis, Carolina Chickadee Family MUSCICAPIDAE Poecile atricapillus, Black-capped Chickadee Ficedula narcissina, Narcissus Flycatcher Poecile gambeli, Mountain Chickadee Muscicapa griseisticta, Gray-streaked Poecile sclateri, Mexican Chickadee Flycatcher Poecile rufescens, Chestnut-backed Chick- Family TURDIDAE adee Luscinia calliope, Siberian Rubythroat Poecile hudsonica, Boreal Chickadee Luscinia svecica, Bluethroat Poecile cincta, Gray-headed Chickadee Luscinia cyane, Siberian Blue Robin Baeolophus wollweberi, Bridled Titmouse Monticola solitarius, Blue Rock Thrush Baeolophus inornatus, Oak Titmouse Tarsiger cyanurus, Red-flanked Bluetail Oenanthe oenanthe, Northern Wheatear Baeolophus ridgwayi, Juniper Titmouse Saxicola torquatus, Stonechat Baeolophus bicolor, Tufted Titmouse Sialia sialis, Eastern Bluebird Baeolophus atricristatus, Black-crested Sialia mexicana, Western Bluebird Titmouse Sialia currucoides, Mountain Bluebird Family REMIZIDAE Myadestes townsendi, Townsend’s Solitaire Auriparus flaviceps, Verdin Myadestes myadestinus, Kamao Family AEGITHALIDAE Myadestes lanaiensis, Olomao Psaltriparus minimus, Bushtit Myadestes obscurus, Omao Family SITTIDAE Myadestes palmeri, Puaiohi Subfamily SITTINAE Catharus aurantiirostris, Orange-billed Sitta canadensis, Red-breasted Nuthatch Nightingale-Thrush Sitta carolinensis, White-breasted Nuthatch Catharus mexicanus, Black-headed Nightin- Sitta pygmaea, Pygmy Nuthatch gale-Thrush Sitta pusilla, Brown-headed Nuthatch Catharus fuscescens, Veery Family CERTHIIDAE Catharus minimus, Gray-cheeked Thrush Subfamily CERTHIINAE Catharus bicknelli, Bicknell’s Thrush Certhia americana, Brown Creeper Catharus ustulatus, Swainson’s Thrush Family TROGLODYTIDAE Catharus guttatus, Hermit Thrush Campylorhynchus brunneicapillus, Cactus Hylocichla mustelina, Wood Thrush Wren Turdus obscurus, Eyebrowed Thrush Salpinctes obsoletus, Rock Wren Turdus naumanni, Dusky Thrush Catherpes mexicanus, Canyon Wren Turdus pilaris, Fieldfare Thryothorus ludovicianus, Carolina Wren Turdus grayi, Clay-colored Robin Thryomanes bewickii, Bewick’s Wren Turdus assimilis, White-throated Robin Troglodytes aedon, House Wren Turdus rufopalliatus, Rufous-backed Robin Troglodytes troglodytes, Winter Wren Turdus migratorius, American Robin Cistothorus platensis, Sedge Wren Turdus plumbeus, Red-legged Thrush Cistothorus palustris, Marsh Wren Ixoreus naevius, Varied Thrush Family CINCLIDAE Ridgwayia pinicola, Aztec Thrush Cinclus mexicanus, American Dipper Family MIMIDAE Family REGULIDAE Dumetella carolinensis, Gray Catbird Regulus satrapa, Golden-crowned Kinglet Melanoptila glabrirostris, Black Catbird Regulus calendula, Ruby-crowned Kinglet Mimus polyglottos, Northern Mockingbird Family SYLVIIDAE Mimus gundlachii, Bahama Mockingbird Subfamily SYLVIINAE Oreoscoptes montanus, Sage Thrasher Locustella ochotensis, Middendorff’s Grass- Toxostoma rufum, Brown Thrasher hopper-Warbler Toxostoma longirostre, Long-billed Thrasher Locustella lanceolata, Lanceolated Warbler Toxostoma bendirei, Bendire’s Thrasher Acrocephalus luscinia, Nightingale Reed- Toxostoma curvirostre, Curve-billed Thrash- Warbler er Acrocephalus familiaris, Millerbird Toxostoma redivivum, California Thrasher Phylloscopus trochilus, Willow Warbler Toxostoma crissale, Crissal Thrasher Phylloscopus sibilatrix, Wood Warbler Toxostoma lecontei, Le Conte’s Thrasher Phylloscopus fuscatus, Dusky Warbler Melanotis caerulescens, Blue Mockingbird

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Margarops fuscatus, Pearly-eyed Thrasher Dendroica castanea, Bay-breasted Warbler Family STURNIDAE Dendroica striata, Blackpoll Warbler Sturnus philippensis, Chestnut-cheeked Dendroica cerulea, Cerulean Warbler Starling Dendroica angelae, Elfin-woods Warbler Sturnus cineraceus, White-cheeked Starling Mniotilta varia, Black-and-white Warbler Family PRUNELLIDAE Setophaga ruticilla, American Redstart Prunella montanella, Siberian Accentor Protonotaria citrea, Prothonotary Warbler Family MOTACILLIDAE Helmitheros vermivorum, Worm-eating War- Motacilla tschutschensis, Eastern Yellow bler Wagtail Limnothlypis swainsonii, Swainson’s War- Motacilla citreola, Citrine Wagtail bler Motacilla cinerea, Gray Wagtail Seiurus aurocapilla, Ovenbird Motacilla alba, White Wagtail Seiurus noveboracensis, Northern Anthus trivialis, Tree Pipit Waterthrush Anthus hodgsoni, Olive-backed Pipit Seiurus motacilla, Louisiana Waterthrush Anthus gustavi, Pechora Pipit Oporornis formosus, Kentucky Warbler Anthus cervinus, Red-throated Pipit Oporornis agilis, Connecticut Warbler Anthus rubescens, American Pipit Oporornis philadelphia, Mourning Warbler Anthus spragueii, Sprague’s Pipit Oporornis tolmiei, MacGillivray’s Warbler Family BOMBYCILLIDAE Geothlypis trichas, Common Yellowthroat Bombycilla garrulus, Bohemian Waxwing Geothlypis poliocephala, Gray-crowned Bombycilla cedrorum, Cedar Waxwing Yellowthroat Family PTILOGONATIDAE Wilsonia citrina, Hooded Warbler Ptilogonys cinereus, Gray Silky-flycatcher Wilsonia pusilla, Wilson’s Warbler Phainopepla nitens, Phainopepla Wilsonia canadensis, Canada Warbler Family PEUCEDRAMIDAE Cardellina rubrifrons, Red-faced Warbler Peucedramus taeniatus, Olive Warbler Myioborus pictus, Painted Redstart Family PARULIDAE Myioborus miniatus, Slate-throated Vermivora bachmanii, Bachman’s Warbler Redstart Vermivora pinus, Blue-winged Warbler Euthlypis lachrymosa, Fan-tailed Warbler Vermivora chrysoptera, Golden-winged War- Basileuterus culicivorus, Golden-crowned bler Warbler Vermivora peregrina, Tennessee Warbler Basileuterus rufifrons, Rufous-capped War- Vermivora celata, Orange-crowned Warbler bler Vermivora ruficapilla, Nashville Warbler Icteria virens, Yellow-breasted Chat Vermivora virginiae, Virginia’s Warbler Family THRAUPIDAE Vermivora crissalis, Colima Warbler Nesospingus speculiferus, Puerto Rican Tan- Vermivora luciae, Lucy’s Warbler ager Parula superciliosa, Crescent-chested War- Piranga flava, Hepatic Tanager bler Piranga rubra, Summer Tanager Parula americana, Northern Parula Piranga olivacea, Scarlet Tanager Parula pitiayumi, Tropical Parula Piranga ludoviciana, Western Tanager Dendroica petechia, Yellow Warbler Piranga bidentata, Flame-colored Tanager Dendroica pensylvanica, Chestnut-sided Spindalis zena, Western Spindalis Warbler Spindalis portoricensis, Puerto Rican Dendroica magnolia, Magnolia Warbler Spindalis Dendroica tigrina, Cape May Warbler Euphonia musica, Antillean Euphonia Dendroica caerulescens, Black-throated Blue Family EMBERIZIDAE Warbler Sporophila torqueola, White-collared Dendroica coronata, Yellow-rumped Warbler Seedeater Dendroica nigrescens, Black-throated Gray Tiaris olivacea, Yellow-faced Grassquit Warbler Tiaris bicolor, Black-faced Grassquit Dendroica chrysoparia, Golden-cheeked Loxigilla portoricensis, Puerto Rican Warbler Bullfinch Dendroica virens, Black-throated Green Arremonops rufivirgatus, Olive Sparrow Warbler Pipilo chlorurus, Green-tailed Towhee Dendroica townsendi, Townsend’s Warbler Pipilo maculatus, Spotted Towhee Dendroica occidentalis, Hermit Warbler Pipilo erythrophthalmus, Eastern Towhee Dendroica fusca, Blackburnian Warbler Pipilo fuscus, Canyon Towhee Dendroica dominica, Yellow-throated War- Pipilo crissalis, California Towhee bler Pipilo aberti, Abert’s Towhee Dendroica graciae, Grace’s Warbler Aimophila carpalis, Rufous-winged Sparrow Dendroica adelaidae, Adelaide’s Warbler Aimophila cassinii, Cassin’s Sparrow Dendroica pinus, Pine Warbler Aimophila aestivalis, Bachman’s Sparrow Dendroica kirtlandii, Kirtland’s Warbler Aimophila botterii, Botteri’s Sparrow Dendroica discolor, Prairie Warbler Aimophila ruficeps, Rufous-crowned Spar- Dendroica palmarum, Palm Warbler row

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Aimophila quinquestriata, Five-striped Spar- Passerina caerulea, Blue Grosbeak row Passerina amoena, Lazuli Bunting Spizella arborea, American Tree Sparrow Passerina cyanea, Indigo Bunting Spizella passerina, Chipping Sparrow Passerina versicolor, Varied Bunting Spizella pallida, Clay-colored Sparrow Passerina ciris, Painted Bunting Spizella breweri, Brewer’s Sparrow Spiza americana, Dickcissel Spizella pusilla, Field Sparrow Family ICTERIDAE Spizella wortheni, Worthen’s Sparrow Dolichonyx oryzivorus, Bobolink Spizella atrogularis, Black-chinned Sparrow Agelaius phoeniceus, Red-winged Blackbird Pooecetes gramineus, Vesper Sparrow Agelaius tricolor, Tricolored Blackbird Chondestes grammacus, Lark Sparrow Agelaius humeralis, Tawny-shouldered Amphispiza bilineata, Black-throated Spar- Blackbird row Agelaius xanthomus, Yellow-shouldered Amphispiza belli, Sage Sparrow Blackbird Calamospiza melanocorys, Lark Bunting Sturnella magna, Eastern Meadowlark Passerculus sandwichensis, Savannah Spar- Sturnella neglecta, Western Meadowlark row Xanthocephalus xanthocephalus, Yellow- Ammodramus savannarum, Grasshopper headed Blackbird Sparrow Euphagus carolinus, Rusty Blackbird Ammodramus bairdii, Baird’s Sparrow Euphagus cyanocephalus, Brewer’s Black- Ammodramus henslowii, Henslow’s Sparrow bird Ammodramus leconteii, Le Conte’s Sparrow Quiscalus quiscula, Common Grackle Ammodramus nelsoni, Nelson’s Sharp-tailed Quiscalus major, Boat-tailed Grackle Sparrow Quiscalus mexicanus, Great-tailed Grackle Ammodramus caudacutus, Saltmarsh Sharp- Quiscalus niger, Greater Antillean Grackle tailed Sparrow Molothrus bonariensis, Shiny Cowbird Ammodramus maritimus, Seaside Sparrow Molothrus aeneus, Bronzed Cowbird Passerella iliaca, Fox Sparrow Molothrus ater, Brown-headed Cowbird Melospiza melodia, Song Sparrow Icterus wagleri, Black-vented Oriole Melospiza lincolnii, Lincoln’s Sparrow Icterus dominicensis, Greater Antillean Ori- Melospiza georgiana, Swamp Sparrow ole Zonotrichia albicollis, White-throated Spar- Icterus spurius, Orchard Oriole row Icterus cucullatus, Hooded Oriole Zonotrichia querula, Harris’s Sparrow Icterus pustulatus, Streak-backed Oriole Zonotrichia leucophrys, White-crowned Icterus bullockii, Bullock’s Oriole Sparrow Icterus gularis, Altamira Oriole Zonotrichia atricapilla, Golden-crowned Icterus graduacauda, Audubon’s Oriole Sparrow Icterus galbula, Baltimore Oriole Junco hyemalis, Dark-eyed Junco Icterus parisorum, Scott’s Oriole Junco phaeonotus, Yellow-eyed Junco Family FRINGILLIDAE Calcarius mccownii, McCown’s Longspur Subfamily FRINGILLINAE Calcarius lapponicus, Lapland Longspur Fringilla coelebs, Common Chaffinch Calcarius pictus, Smith’s Longspur Fringilla montifringilla, Brambling Calcarius ornatus, Chestnut-collared Subfamily CARDUELINAE Longspur Leucosticte tephrocotis, Gray-crowned Rosy- Emberiza leucocephalos, Pine Bunting Finch Emberiza pusilla, Little Bunting Leucosticte atrata, Black Rosy-Finch Emberiza rustica, Rustic Bunting Leucosticte australis, Brown-capped Rosy- Emberiza elegans, Yellow-throated Bunting Finch Emberiza aureola, Yellow-breasted Bunting Pinicola enucleator, Pine Grosbeak Emberiza variabilis, Gray Bunting Carpodacus erythrinus, Common Rosefinch Emberiza pallasi, Pallas’s Bunting Carpodacus purpureus, Purple Finch Emberiza schoeniclus, Reed Bunting Carpodacus cassinii, Cassin’s Finch Plectrophenax nivalis, Snow Bunting Carpodacus mexicanus, House Finch Plectrophenax hyperboreus, McKay’s Bun- Loxia curvirostra, Red Crossbill ting Loxia leucoptera, White-winged Crossbill Family CARDINALIDAE Carduelis flammea, Common Redpoll Rhodothraupis celaeno, Crimson-collared Carduelis hornemanni, Hoary Redpoll Grosbeak Carduelis spinus, Eurasian Siskin Cardinalis cardinalis, Northern Cardinal Carduelis pinus, Pine Siskin Cardinalis sinuatus, Pyrrhuloxia Carduelis psaltria, Lesser Goldfinch Pheucticus chrysopeplus, Yellow Grosbeak Carduelis lawrencei, Lawrence’s Goldfinch Pheucticus ludovicianus, Rose-breasted Carduelis tristis, American Goldfinch Grosbeak Carduelis sinica, Oriental Greenfinch Pheucticus melanocephalus, Black-headed Pyrrhula pyrrhula, Eurasian Bullfinch Grosbeak Coccothraustes vespertinus, Evening Cyanocompsa parellina, Blue Bunting Grosbeak

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Coccothraustes coccothraustes, Hawfinch dresses for regional offices at 50 CFR Subfamily DREPANIDINAE 2.2. Telespiza cantans, Laysan Finch Telespiza ultima, Nihoa Finch [55 FR 48851, Nov. 23, 1990, as amended at 63 Psittirostra psittacea, Ou FR 52633, Oct. 1, 1998] Loxioides bailleui, Palila Pseudonestor xanthophrys, Maui Parrotbill § 10.22 Law enforcement offices. Hemignathus virens, Hawaii Amakihi Service law enforcement offices and Hemignathus flavus, Oahu Amakihi Hemignathus kauaiensis, Kauai Amakihi their areas of responsibility follow. Hemignathus ellisianus, Greater Akialoa Mail should be addressed: ‘‘Assistant Hemignathus lucidus, Nukupuu Regional Director, Division of Law En- Hemignathus munroi, Akiapolaau forcement, U.S. Fish and Wildlife Serv- Magumma parva, Anianiau ice, (appropriate address below)’’: Oreomystis bairdi, Akikiki Oreomystis mana, Hawaii Creeper AREAS OF RESPONSIBILITY AND OFFICE Paroreomyza maculata, Oahu Alauahio ADDRESSES Paroreomyza flammea, Kakawahie California, Hawaii, Idaho. Nevada, Oregon, Paroreomyza montana, Maui Alauahio Washington, American Samoa, Guam, Loxops caeruleirostris, Akekee the Marshall Islands, Northern Mariana Loxops coccineus, Akepa Islands, and the Trust Territory of the Vestiaria coccinea, Iiwi Pacific Islands (District 1): Palmeria dolei, Akohekohe Eastside Federal Complex, 911 N.E. 11th. Himatione sanguinea, Apapane Avenue, Portland, OR 97232–4181, Tele- Melamprosops phaeosoma, Poo-uli phone: 503–231–6125. [75 FR 9299, Mar. 1, 2010] Arizona, New Mexico, Oklahoma, and Texas (District 2): P.O. Box 329, Albuquerque, NM 87103, Tele- Subpart C—Addresses phone: 505–766–2091 Illinois, Indiana, Iowa, Michigan, Minnesota, § 10.21 Director. Missouri, Ohio, and Wisconsin (District (a) Mail forwarded to the Director for 3): law enforcement purposes should be ad- P.O. Box 45—Federal Building, Ft. dressed: Chief, Division of Law En- Snelling, Twin Cities, MN 55111, Tele- forcement, U.S. Fish and Wildlife Serv- phone: 612–725–3530. ice, P.O. Box 3247, Arlington, VA 22203– Alabama, Arkansas, Florida, Georgia, Ken- tucky, Louisiana, Mississippi, North 3247. Carolina, South Carolina, Tennessee, (b) Mail sent to the Director regard- Puerto Rico, and the Virgin Islands (Dis- ing permits for the Convention on trict 4): International Trade in Endangered P.O. Box 4839, Atlanta, GA 30302, Tele- Species of Wild Fauna and Fauna phone: 404–331–5872 (CITES), injurious wildlife, Wild Bird Connecticut, Delaware, District of Columbia, Conservation Act species, international Maine, Maryland, Massachusetts, New movement of all ESA-listed endangered Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, or threatened species, and scientific re- Virginia, and West Virginia (District 5): search on, exhibition of, or interstate P.O. Box 129, New Town Branch, Boston, commerce in nonnative ESA-listed en- MA 02258, Telephone: 617–965–2298 dangered and threatened species should Colorado, Kansas, Montana, Nebraska, North be addressed to: Director, U.S. Fish and Dakota, South Dakota, Utah, and Wyo- Wildlife Service, (Attention: Office of ming (District 6): Management Authority), 4401 N. Fair- P.O. Box 25486, Denver Federal Center, fax Drive, Room 700, Arlington, VA Denver, CO 80225, Telephone: 303–236–7540 Alaska (District 7): 22203. Address mail for the following P.O. Box 92597, Anchorage, AK 99509–2597, permits to the Regional Director. In Telephone: 907–786–3311 the address include one of the fol- Any foreign country (Washington Office): lowing: for import/export licenses and P.O. Box 3247, Arlington, VA 22203–3247, exception to designated port permits Telephone: 703–358–1949. (Attention: Import/export license); for (Pub. L. 97–79, 95 Stat. 1072; 16 U.S.C. 3371– native endangered and threatened spe- 3378) cies (Attention: Endangered/threatened [48 FR 1313, Jan. 12, 1983; 48 FR 37040, Aug. 16, species permit); and for migratory 1983, as amended at 49 FR 31291, Aug. 6, 1984; birds and eagles (Attention: Migratory 51 FR 23551, June 30, 1986; 53 FR 6649, Mar. 2, bird permit office). You can find ad- 1988; 55 FR 48851, Nov. 23, 1990]

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PART 11—CIVIL PROCEDURES Protection Act of 1972, 16 U.S.C. 1361–1384 and 1401–1407. Subpart A—Introduction [47 FR 56860, Dec. 21, 1982] Sec. § 11.3 Filing of documents. 11.1 Purpose of regulations. 11.2 Scope of regulations. (a) Whenever a document or other 11.3 Filing of documents. paper is required to be filed under this part within a certain time, such docu- Subpart B—Assessment Procedure ment or paper will be considered filed as of the date of the postmark if 11.11 Notice of violation. mailed, or the date actually delivered 11.12 Petition for relief. 11.13 Decision by the Director. to the office where filing is required. 11.14 Notice of assessment. The time periods set forth in this part 11.15 Request for a hearing. shall begin to run as of the day fol- 11.16 Final administrative decision. lowing the date of the document or 11.17 Payment of final assessment. other paper. (b) If an oral or written application is Subpart C—Hearing and Appeal made to the Director up to 10 calendar Procedures days after the expiration of a time pe- 11.21 Commencement of hearing procedures. riod established in this part for the re- 11.22 Appearance and practice. quired filing of documents or other pa- 11.23 Hearings. pers, the Director may permit a late 11.24 Final administrative action. filing within a fixed period where rea- 11.25 Appeal. sonable grounds are found for an in- 11.26 Reporting service. ability or failure to file within the AUTHORITY: Lacey Act, 83 Stat. 279–281, 18 time period required. All such exten- U.S.C. 42–44; Lacey Act Amendments of 1981, sions shall be in writing. Except as pro- 95 Stat. 1073–1080, 16 U.S.C. 3371 et seq.; Bald vided in this subsection, no other re- Eagle Protection Act, sec. 2, 54 Stat. 251, 16 quests for an extension of time may be U.S.C. 668a; Endangered Species Act of 1973, granted. sec. 11(f), 87 Stat. 884, 16 U.S.C. 1540(f); Ma- rine Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 1042, 16 U.S.C. 1382. Subpart B—Assessment Procedure SOURCE: 39 FR 1159, Jan. 4, 1974, unless oth- § 11.11 Notice of violation. erwise noted. (a) A notice of violation (hereinafter EDITORIAL NOTE: Nomenclature changes to ‘‘notice’’), shall be issued by the Direc- part 11 appear at 67 FR 38208, June 3, 2002. tor and served personally or by registered or certified mail, return receipt Subpart A—Introduction requested, upon the person believed to be subject to a civil penalty (the re- § 11.1 Purpose of regulations. spondent). The notice shall contain: (1) The regulations contained in this A concise statement of the facts be- part provide uniform rules and proce- lieved to show a violation, (2) a specific dures for the assessment of civil pen- reference to the provisions of the stat- alties in connection with violations of ute or regulation allegedly violated, certain laws and regulations enforced and (3) the amount of penalty proposed by the Service. to be assessed. The notice may also contain an initial proposal for com- § 11.2 Scope of regulations. promise or settlement of the case. The The regulations contained in this notice shall also advise the respondent part apply only to actions arising of his right to file a petition for relief under the following laws and regula- pursuant to § 11.12, or to await the Di- tions issued thereunder: rector’s notice of assessment. (b) The respondent shall have 45 days Lacey Act, 18 U.S.C. 43; from the date of the notice of violation Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; in which to respond. During this time Bald Eagle Protection Act, 16 U.S.C. 668–668d; he may: Endangered Species Act of 1973, 87 Stat. 884, (1) Undertake informal discussions 16 U.S.C. 1531 et seq.; and Marine Mammal with the Director;

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(2) Accept the proposed penalty, or § 11.15 Request for a hearing. the compromise, if any, offered in the Except where a right to request a notice; hearing is deemed to have been waived (3) File a petition for relief; or as provided in § 11.11, the respondent (4) Take no action, and await the Di- may, within 45 calendar days from the rector’s decision, pursuant to § 11.13. date of the notice of assessment re- (c) Acceptance of the proposed pen- ferred to in § 11.14, file a dated, written alty or the compromise shall be request for a hearing with the Hearings deemed to be a waiver of the notice ef Division, Office of Hearings and Ap- assessment required by § 11.14, and of peals, U.S. Department of the Interior, the opportunity for a hearing. Any 801 North Quincy Street, Arlington, counter offer of settlement shall be Virginia 22203. The request should state deemed a rejection of the proposed the respondent’s preference as to the offer of compromise. place and date for a hearing. The request must enclose a copy of the notice § 11.12 Petition for relief. of violation and notice of assessment. If the respondent so chooses he may A copy of the request shall be served ask that no penalty be assessed or that upon the Director personally or by reg- the amount be reduced, and he may istered or certified mail, return receipt admit or contest the legal sufficiency requested, at the address specified in of the charge and the Director’s allega- the notice. tions of facts, by filing a petition for relief (hereinafter ‘‘petition’’) with the § 11.16 Final administrative decision. Director at the address specified in the (a) Where no request for a hearing is notice within 45 days of the date there- filed as provided in § 11.15 the Direc- of. The petition shall be in writing and tor’s assessment shall become effective signed by the respondent. If the re- and shall constitute the final adminis- spondent is a corporation, the petition trative decision of the Secretary on the must be signed by an officer authorized 45th calendar day from the date of the to sign such documents. It must set notice of assessment. forth in full the legal or other reasons (b) If a request for a hearing is timely for the relief. filed in accordance with § 11.15, the date of the final administrative decision in § 11.13 Decision by the Director. the matter shall be as provided in sub- Upon expiration of the period re- part C of this part. quired or granted for filing of a petition for relief, the Director shall pro- § 11.17 Payment of final assessment. ceed to make an assessment of a civil When a final administrative decision penalty, taking into consideration in- becomes effective in accordance with formation available to him and such this part 11, the respondent shall have showing as may have been made by the 20 calendar days from the date of the respondent, either pursuant to § 11.11 or final administrative decision within § 11.12, or upon further request of the which to make full payment of the pen- Director. alty assessed. Payment will be timely only if received in Office of the Direc- § 11.14 Notice of assessment. tor during normal business hours, on or The Director shall notify the re- before the 20th day. Upon a failure to spondent by a written notice of assess- pay the penalty, the Solicitor of the ment, by personal service or by reg- Department may request the Attorney istered or certified mail, return receipt General to institute a civil action in requested, of his decision pursuant to the U.S. District Court to collect the § 11.13. He shall set forth therein the penalty. facts and conclusions upon which he decided that the violation did occur and appropriateness of the penalty assessed.

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Subpart C—Hearing and Appeal The judge will render a written deci- Procedures sion upon the record, which shall set forth his findings of fact and conclu- § 11.21 Commencement of hearing pro- sions of law, and the reasons and basis cedures. therefor, and an assessment of a pen- Proceedings under this subpart are alty, if any. commenced upon the timely filing with § 11.24 Final administrative action. the Hearings Division of a request for a hearing, as provided in § 11.15 of sub- Unless a notice of request for an ap- part B. Upon receipt of a request for a peal is filed in accordance with § 11.25 hearing, the Hearings Division will as- of this subpart C, the administrative sign an administrative law judge to the law judge’s decision shall constitute case. Notice of assignment will be the final administrative determination given promptly to the parties, and of the Secretary in the matter and thereafter, all pleadings, papers, and shall become effective 30 calendar days other documents in the proceeding from the date of the decision. shall be filed directly with the administrative law judge, with copies served § 11.25 Appeal. on the opposing party. (a) Either the respondent or the Di- rector may seek an appeal from the de- § 11.22 Appearance and practice. cision of an administrative law judge (a) Subject to the provisions of 43 rendered subsequent to January 1, 1974, CFR 1.3, the respondent may appear in by the filing of a ‘‘Notice of Request person, by representative, or by coun- for Appeal’’ with the Director, Office of sel, and may participate fully in these Hearings and Appeals, U.S. Department proceedings. of the Interior, 801 North Quincy (b) Department counsel designated by Street, Arlington, Virginia 22203, with- the Solicitor of the Department shall in 30 calendar days of the date of the represent the Director in these pro- administrative law judge’s decision. ceedings. Upon notice to the Director Such notice shall be accompanied by of the assignment of an administrative proof of service on the administrative law judge to the case, said counsel law judge and the opposing party. shall enter his appearance on behalf of (b) Upon receipt of such a request, the Director and shall file all petitions the Director, Office of Hearings and 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 record made at the hearing. Copies of § 11.26 Reporting service. the transcript may be inspected or cop- Copies of decisions in civil penalty ied. proceedings instituted under statutes (b) The transcript of testimony, the referred to in subpart A of this part exhibits, and all papers, documents, and rendered subsequent to June 3, and requests filed in the proceedings, 1970, may be obtained by letter of re- shall constitute the record for decision. quest addressed to the Director, Office

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of Hearings and Appeals, U.S. Depart- 1956 [Airborne Hunting Amendments], 16 ment of the Interior, 801 North Quincy U.S.C. 742j–l(d)–(f); Black Bass Act, 16 U.S.C. Street, Arlington, Virginia 22203. Fees 852d–853; Marine Mammal Protection Act of for this service shall be as established 1972, 16 U.S.C. 1375–1377, 1382; Endangered Species Act of 1973, 16 U.S.C. 1540; Lacey Act, by the Director of that Office. 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073–1080, 16 U.S.C. 3371 et seq.; PART 12—SEIZURE AND FORFEITURE Tariff Act of 1930, 19 U.S.C. 1602–1624; Fish PROCEDURES and Wildlife Improvement Act of 1978, 16 U.S.C. 742l; Exotic Organisms, E.O. 11987, 42 FR 26949; American Indian Religious Free- Subpart A—General Provisions dom Act, 42 U.S.C. 1996.

Sec. SOURCE: 45 FR 17864, Mar. 19, 1980, unless 12.1 Purpose of regulations. otherwise noted. 12.2 Scope of regulations. 12.3 Definitions. 12.4 Filing of documents. Subpart A—General Provisions 12.5 Seizure by other agencies. 12.6 Bonded release. § 12.1 Purpose of regulations. The regulations of this part establish Subpart B—Preliminary Requirements procedures relating to property seized 12.11 Notification of seizure. or subject to forfeiture under various 12.12 Appraisement. laws enforced by the Service.

Subpart C—Forfeiture Proceedings § 12.2 Scope of regulations. 12.21 Criminal prosecutions. Except as hereinafter provided, the 12.22 Civil actions to obtain forfeiture. regulations of this part apply to all 12.23 Administrative forfeiture proceedings. property seized or subject to forfeiture 12.24 Petition for remission of forfeiture. under any of the following laws: 12.25 Transfers in settlement of civil pen- (a) The Eagle Protection Act, 16 alty claims. U.S.C. 668 et seq.; Subpart D—Disposal of Forfeited or (b) The National Wildlife Refuge Sys- Abandoned Property tem Administration Act, 16 U.S.C. 668dd et seq.; 12.30 Purpose. (c) The Migratory Bird Treaty Act, 16 12.31 Accountability. U.S.C. 703 et seq.; 12.32 Effect of prior illegality. 12.33 Disposal. (d) The Migratory Bird Hunting 12.34 Return to the wild. Stamp Act, 16 U.S.C. 718 et seq.; 12.35 Use by the Service or transfer to an- (e) The Airborne Hunting Act, 16 other government agency for official use. U.S.C. 742j–1; 12.36 Donation or loan. (f) The Black Bass Act, 16 U.S.C. 851 12.37 Sale. et seq.; 12.38 Destruction. (g) The Marine Mammal Protection 12.39 Information on property available for disposal. Act, 16 U.S.C. 1361 et seq.; (h) The Endangered Species Act, 16 Subpart E—Restoration of Proceeds and U.S.C. 1531 et seq.; and Recovery of Storage Costs (i) The Lacey Act, 18 U.S.C. 43–44. (j) The Lacey Act Amendments of 12.41 Petition for restoration of proceeds. 1981, 16 U.S.C. 3371 et seq. 12.42 Recovery of certain storage costs. [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May Subpart F—Return of Property 14, 1980, as amended at 47 FR 56860, Dec. 21, 1982] 12.51 Return procedure.

AUTHORITY: Act of September 6, 1966, 5 § 12.3 Definitions. U.S.C. 301; Bald and Golden Eagles Protec- (a) As used in this part: tion Act, 16, U.S.C. 668–668b; National Wild- (1) Attorney General means the Attor- life Refuge System Administration Act, 16 U.S.C. 668dd(e)–(f); Migratory Bird Treaty ney General of the United States or an Act, 16 U.S.C. 704, 706–707, 712; Migratory authorized representative; 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,

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use by the Service or transfer to another property or arrange for its proper other government agency for official handling and care. use, donation or loan, sale, or destruction. § 12.6 Bonded release. (3) Domestic value means the price at (a) Subject to the conditions set which the seized property or similar forth in paragraphs (b) and (c) of this property is freely offered for sale at the section, and to such additional condi- time and place of appraisement, in the tions as may be appropriate, the Serv- same quantity or quantities as seized, ice, in its discretion, may accept an ap- and in the oridinary course of trade. If pearance bond or other security (in- there is no market for the seized prop- cluding, but not limited to, payment of erty at the place of appraisement, such the value as determined under § 12.12) value in the principal market nearest in place of any property seized under to the place of appraisement shall be the Endangered Species Act, 16 U.S.C. reported. 1531 et seq.; Marine Mammal Protection (4) Solicitor means the Solicitor of the Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 Department of the Interior or an au- U.S.C. 43; Lacey Act Amendments of thorized representative. 1981, 16 U.S.C. 3371 et seq.; Airborne (b) The definitions of paragraph (a) of Hunting Act, 16 U.S.C. 742j–1; or Eagle this section are in addition to, and not Protection Act, 16 U.S.C. 668 et seq. in lieu of, those contained in §§ 1.1 (b) Property may be released under through 1.8 and 10.12 of this title. this section only to the owner or con- [45 FR 17864, Mar. 19, 1980, as amended at 47 signee. FR 17525, Apr. 23, 1982] (c) Property may be released under this section only if possession thereof § 12.4 Filing of documents. will not violate or frustrate the pur- (a) Whenever any document is re- pose or policy of any applicable law or quired by this part to be filed or served regulation. within a certain period of time, such document will be considered filed or [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 FR 56860, Dec. 21, served as of the date of receipt by the 1982] party with or upon whom filing or service is required. The time periods established by this part shall begin to run Subpart B—Preliminary on the day following the date of filing Requirements or service. (b) If an oral or written application is § 12.11 Notification of seizure. made before the expiration of a time Except where the owner or consignee period established by this part, an ex- is personally notified or seizure is tension of such period for a fixed num- made pursuant to a search warrant, the ber of days may be granted where there Service shall, as soon as practicable are reasonable grounds for the failure following the seizure or other receipt of to file or serve the document within seized wildlife or other property, mail 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

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under the Endangered Species Act, 16 § 12.23 Administrative forfeiture pro- U.S.C. 1531 et seq.; Eagle Protection ceedings. Act, 16 U.S.C. 668 et seq.; Airborne (a) When authorized. Whenever any Hunting Act, 16 U.S.C. 742j–1, et seq.; or property subject to forfeiture under the the Lacey Act Amendments of 1981, 16 Eagle Protection Act, 16 U.S.C. 668 et U.S.C. 3371 et seq. If the seized property seq., or Airborne Hunting Act, 16 U.S.C. may lawfully be sold in the United 742j–1, or any wildlife or plant subject States, its domestic value shall be de- to forfeiture under the Endangered termined in accordance with § 12.3. If Species Act, 16 U.S.C. 1531 et seq., or the seized property may not lawfully any fish, wildlife or plant subject to be sold in the United States, its value forfeiture under the Lacey Act Amend- shall be determined by other reason- ments of 1981, 16 U.S.C. 3371 et seq., is able means. determined under § 12.12 to have a value not greater than $100,000, the Solicitor [47 FR 56860, Dec. 21, 1982] may obtain forfeiture of such property in accordance with this section. Subpart C—Forfeiture Proceedings (b) Procedure—(1) Notice of proposed forfeiture. As soon as practicable fol- § 12.21 Criminal prosecutions. lowing seizure, the Solicitor shall issue If property is subject to criminal for- a notice of proposed forfeiture. feiture, such forfeiture will be obtained (A) Publication. The notice shall be in accordance with the Federal Rules of published once a week for at least Criminal Procedure. three successive weeks in a newspaper of general circulation in the locality § 12.22 Civil actions to obtain for- where the property was seized. If the feiture. value of the seized property as deter- The Solicitor may request the Attor- mined under § 12.12 does not exceed ney General to file a civil action to ob- $1000, the notice may be published by tain forfeiture of any property subject posting, instead of newspaper publica- to forfeiture under the Airborne Hunt- tion, for at least three successive ing Act, 16 U.S.C. 742j–1; Lacey Act, 18 weeks in a conspicuous place accessible U.S.C. 43–44; Lacey Act Amendments of to the public at the Service’s enforce- 1981, 16 U.S.C. 3371 et seq.; Black Bass ment office, the U.S. District Court or Act, 16 U.S.C. 851 et seq.; Marine Mam- the U.S. Customhouse nearest the place of seizure. In cases of posting, the mal Protection Act, 16 U.S.C. 1361 et date of initial posting shall be indi- seq.; Migratory Bird Treaty Act, 16 cated on the notice. In addition to U.S.C. 703 ; Migratory Bird Hunt- et seq. newspaper publication or posting, a ing Stamp Act, 16 U.S.C. 718 et seq.; reasonable effort shall be made to Eagle Protection Act, 16 U.S.C. 668 et serve the notice personally or by reg- seq.; or Endangered Species Act, 16 istered or certified mail, return receipt U.S.C. 1531 et seq. Before any such ac- requested, on each person whose where- tion is filed against property subject to abouts and interest in the seized prop- forfeiture under the Lacey Act, 18 erty are known or easily ascertainable. U.S.C. 43, or against property, other (B) Contents. The notice shall be in than the cargo of a vessel or other con- substantially the same form as a com- veyance employed in unlawful taking, plaint for forfeiture filed in United subject to forfeiture under the Marine States District Court. The notice shall Mammal Protection Act, 16 U.S.C. 1361 describe the property, including, in the et seq., a civil penalty must first be as- case of motor vehicles, the license, reg- sessed in accordance with the statute istration, motor, and serial numbers. and applicable regulations, and no such The notice shall state the time and action may be filed more than 30 days place of seizure, as well as the reason after the conclusion of civil penalty as- therefor, and shall specify the value of sessment proceedings. the property as determined under § 12.12. The notice shall contain a spe- [47 FR 56860, Dec. 21, 1982] cific reference to the provisions of the laws or regulations allegedly violated

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and under which the property is sub- feiture proceedings in U.S. District ject to forfeiture. The notice shall Court. state that any person desiring to claim (4) Motion for stay. Upon issuance of the property must file a claim and a the notice of proposed forfeiture, any bond in accordance with paragraph person claiming the seized property (b)(2) of this section, and shall state may file with the Solicitor’s regional that if a proper claim and bond are not or field office indicated in the notice a received by the proper office within the motion to stay administrative for- time prescribed by such paragraph, the feiture proceedings. Any motion for property will be declared forfeited to stay must be filed within 30 days after the United States and disposed of ac- the date of first publication or posting cording to law. The notice shall also of the notice of the proposed forfeiture. advise interested persons of their right Each motion must contain: to file a petition for remission of for- (i) The claimant’s verified statement feiture in accordance with § 12.24. showing that he or she holds absolute, (2) Filing a claim and bond. Upon fee simple title to the seized property, issuance of the notice of proposed for- free and clear of all liens, encum- feiture, any person claiming the seized brances, security interests, or other property may file with the Solicitor’s third-party interests, contingent or office indicated in the notice a claim to vested; and (ii) the claimant’s offer to the property and a bond in the penal pay in advance all reasonable costs an- sum of $5,000, or ten per centum of the ticipated to be incurred in the storage, value of the claimed property, which- care, and maintenance of the seized ever is lower, but not less than $250. property for which administrative for- Any claim and bond must be received feiture is sought. Where a stay of ad- in such office within 30 days after the ministrative forfeiture proceedings date of first publication or posting of would not injure or impair the rights of the notice of proposed forfeiture. The any third parties and where the claim- claim shall state the claimant’s inter- ant has agreed to pay in advance an- est in the property. The bond filed with ticipated, reasonable storage costs as- the claim shall be on a United States sociated with the granting of a stay, Customs Form 4615 or on a similar the Regional or Field Solicitor as ap- form provided by the Department. propriate may, in his discretion, grant There shall be endorsed on the bond a the motion for stay and specify reason- list or schedule in substantially the able and prudent conditions therefor, following form which shall be signed by including but not limited to the dura- the claimant in the presence of the wit- tion of the stay, a description of the nesses to the bond, and attested by the factors which would automatically ter- witnesses: minate the stay, and any requirement for a bond (including amount) to secure List or schedule containing a particular the payment of storage and other description of seized article, claim for which is covered by the within bond, to wit: maintenance costs. If a motion for stay llllllllllllllllllllllll is denied, or if a stay is terminated for llllllllllllllllllllllll any reason, the claimant must file, if The foregoing list is correct. he or she has not already done so, a Claimant llllllllll claim and bond in accordance with Attest: llllllllll paragraph (b)(2) of this section not later than 30 days after receipt of the 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

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shall be in writing, and shall be sent by (1) A description of the property; registered or certified mail, return re- (2) The time and place of seizure; ceipt requested, to the Service and to (3) Evidence of the petitioner’s inter- each person whose whereabouts and est in the property, including con- prior interest in the seized property are tracts, bills of sale, invoices, security known or easily ascertainable. The dec- interests, certificates of title, and laration shall be in substantially the other satisfactory evidence; and same form as a default judgment of for- (4) A statement of all facts and cir- feiture entered in United States Dis- cumstances relied upon by the peti- trict Court. The declaration shall de- tioner to justify remission of the for- scribe the property and state the time, feiture. place, and reason for its seizure. The (c) The petition shall be signed by declaration shall identify the notice of the petitioner or the petitioner’s attor- proposed forfeiture, describing the ney at law. If the petitioner is a cor- dates and manner of publication of the poration, the petition must be signed notice and any efforts made to serve by an authorized officer, supervisory the notice personally or by mail. The employee, or attorney at law, and the declaration shall state that in response corporate seal shall be properly affixed to the notice a proper claim and bond to the signature. were not timely received by the proper (d) A false statement in the petition office from any claimant, and that may subject the petitioner to prosecu- therefore all potential claimants are tion under title 18, U.S. Code, section deemed to admit the truth of the alle- 1001. gations of the notice. The declaration (e) Upon receiving the petition, the shall conclude with an order of con- Solicitor shall decide whether or not to demnation and forfeiture of the prop- grant relief. In making a decision, the erty to the United States for disposi- Solicitor shall consider the information according to law. tion submitted by the petitioner, as well as any other available information [45 FR 17864, Mar. 19, 1980, as amended at 46 FR 44759, Sept. 8, 1981; 47 FR 56860, Dec. 21, relating to the matter. 1982; 50 FR 6350, Feb. 15, 1985] (f) If the Solicitor finds the existence of such mitigating circumstances as to § 12.24 Petition for remission of for- justify remission or mitigation of the feiture. forfeiture or alleged forfeiture, the So- (a) Any person who has an interest in licitor may remit or mitigate the same cargo, of a vessel or other conveyance upon such terms and conditions as may employed in unlawful taking, subject be reasonable and just or may order to forfeiture under the Marine Mam- discontinuance of any proceeding under mal Protection Act, 16 U.S.C. 1361 et § 12.23 seq., or any person who has an interest (g) If the Solicitor decides that relief in any property subject to forfeiture should not be granted, the Solicitor under the Endangered Species Act, 16 shall so notify the petitioner in writ- U.S.C. 1531 et seq.; Eagle Protection ing, stating in the notification the rea- Act, 16 U.S.C. 668 et seq.; Airborne sons for denying relief. The petitioner Hunting Act, 16 U.S.C. 742j–1; or the may then file a supplemental petition, Lacey Act Amendments of 1981, 16 but no supplemental petition shall be U.S.C. 3371 et seq., or any person who considered unless it is received within has incurred or is alleged to have in- 60 days from the date of the Solicitor’s curred a forfeiture of any such prop- notification denying the original peti- erty, may file with the Solicitor or, tion. when forfeiture proceedings have been [45 FR 17864, Mar. 19, 1980, as amended at 47 brought in U.S. District Court, the At- FR 56861, Dec. 21, 1982] torney General, a petition for remission of forfeiture. § 12.25 Transfers in settlement of civil (b) A petition filed with the Solicitor penalty claims. need not be in any particular form, but In the discretion of the Solicitor, an it must be received before disposition owner of wildlife or plants who may be of the property and must contain the liable for civil penalty under the En- following: dangered Species Act, 16 U.S.C. 1531 et

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seq.; Lacey Act, 18 U.S.C. 43; Lacey Act wildlife or plant under the laws or reg- Amendments of 1981, 16 U.S.C. 3371 et ulations of the United States or any seq.; Eagle Protection Act, 16 U.S.C. 668 State, including any applicable con- et seq.; or Marine Mammal Protection servation, health, quarantine, agricul- Act, 16 U.S.C. 1361 et seq., may be given tural, or Customs laws or regulations an opportunity to completely or par- remain in effect as to the conduct of tially settle the civil penalty claim by such holder. transferring to the United States all right, title, and interest in any wildlife § 12.33 Disposal. or plants that are subject to forfeiture. (a) The Director shall dispose of any Such transfer may be accomplished by wildlife or plant forfeited or abandoned the owner’s execution and return of a under the authority of this part, sub- U.S. Customs Form 4607 or a similar ject to the restrictions provided in this compromise transfer of property in- subpart, by one of the following means, strument provided by the Department. unless the item is the subject of a petition for remission of forfeiture under [47 FR 56861, Dec. 21, 1982] § 12.24 of this part, or disposed of by court order: Subpart D—Disposal of Forfeited (1) Return to the wild; or Abandoned Property (2) Use by the Service or transfer to another government agency for official SOURCE: 47 FR 17525, Apr. 23, 1982, unless use; otherwise noted. (3) Donation or loan; (4) Sale; or § 12.30 Purpose. (5) Destruction. Upon forfeiture or abandonment of In the exercise of the disposal author- any property to the United States ity, the Director ordinarily must dis- under this part the Director shall dispose of any wildlife or plant in the pose of such property under the provi- order in which the disposal methods sions of this subpart D. appear in this paragraph (a) of this section. § 12.31 Accountability. (b) The Director shall dispose of any All property forfeited or abandoned other property forfeited or abandoned under this part must be accounted for under the authority of this part (in- in official records. These records must cluding vehicles, vessels, aircraft, include the following information: cargo, guns, nets, traps, and other (a) A description of the item. equipment), except wildlife or plants, (b) The date and place of the item’s in accordance with current Federal seizure (if any) and forfeiture or aban- Property Management Regulations (41 donment. CFR chapter 101) and Interior Property (c) The investigative case file number Management Regulations (41 CFR with which the item was associated. chapter 114), unless the item is the sub- (d) The name of any person known to ject of a petition for remission of for- have or to have had an interest in the feiture under § 12.24 of this part, or dis- item. posed of by court order. (e) The date, place, and manner of (c) The Director shall dispose of prop- the item’s initial disposal. erty according to the following sched- (f) Name of the official responsible ule, unless the property is the subject for the initial disposal. of a petition for remission of forfeiture (g) Domestic value of the property. under § 12.24 of this part: (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

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(2) All other property may be dis- (2) Identifying protected wildlife or posed of no sooner than 60 days after plants, including forensic identifica- forfeiture or abandonment. tion or research; (d) If the property is the subject of a (3) Educating the public concerning petition for remission of forfeiture the conservation of wildlife or plants; under § 12.24 of this part, the Director (4) Conducting law enforcement oper- may not dispose of the property until ations in performance of official duties; the Solicitor or Attorney General (5) Enhancing the propagation or sur- makes a final decision not to grant re- vival of a species or other scientific lief. purposes; (6) Presenting as evidence in a legal § 12.34 Return to the wild. proceeding involving the wildlife or (a) Any live member of a native spe- plant; or cies of wildlife which is capable of sur- (7) Returning to the wild in accord- viving may be released to the wild in ance with § 12.34 of this part. suitable habitat within the historical (b) Each transfer and the terms of range of the species in the United the transfer must be documented. States with the permission of the land- (c) The agency receiving the wildlife owner, unless release poses an immi- or plants may be required to bear all nent danger to public health or safety. costs of care, storage, and transpor- (b) Any live member of a native spe- tation in connection with the transfer cies of plant which is capable of sur- from the date of seizure to the date of viving may be transplanted in suitable delivery. habitat on Federal or other protected lands within the historical range of the § 12.36 Donation or loan. species in the United States with the (a) Except as otherwise provided in permission of the landowner. this section, wildlife and plants may be (c) Any live member of an exotic spe- donated or loaned for scientific, edu- cies of wildlife (including injurious cational, or public display purposes to wildlife) or plant may not be returned any person who demonstrates the abil- to the wild in the U.S., but may be re- ity to provide adequate care and secu- turned to one of the following coun- rity for the item. tries for return to suitable habitat in (b) Any donation or loan may be accordance with the provisions of made only after execution of a transfer § 12.35 of this part if it is capable of sur- document between the Director and the viving: donee/borrower, which is subject to the (1) The country of export (if known) following conditions: after consultation with and at the ex- (1) The purpose for which the wildlife pense of the country of export, or or plants are to be used must be stated (2) A country within the historic on the transfer document; range of the species which is party to (2) Any attempt by the donee/bor- the Convention on International Trade rower to use the donation or loan for in Endangered Species of Wild Fauna any other purpose except that stated and Flora (TIAS 8249) after consulta- on the transfer document entitles the tion with and at the expense of such Director to immediate repossession of country. the wildlife or plants; (3) The donee/borrower must pay all § 12.35 Use by the Service or transfer costs associated with the transfer, in- to another government agency for cluding the costs of care, storage, official use. transportation, and return to the Serv- (a) Wildlife and plants may be used ice (if applicable); by the Service or transferred to an- (4) The donee/borrower may be re- other government agency (including quired to account periodically for the foreign agencies) for official use includ- donation or loan; ing, but not limited to, one or more of (5) The donee/borrower is not relieved the following purposes: from the prohibitions, restrictions, (1) Training government officials to conditions, or requirements which may perform their official duties; apply to a particular species of wildlife

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or plant imposed by the laws or regula- which at the time it is to be sold or of- tions of the United States or any fered for sale falls into one of the fol- State, including any applicable health, lowing categories: quarantine, agricultural, or Customs (1) Listed in § 10.13 of this title as a laws or regulations. migratory bird protected by the Migra- (6) Any attempt by a donee to re- tory Bird Treaty Act (16 U.S.C. 703–712); transfer the donation during the time (2) Protected under the Eagle Protec- period specified in the transfer docu- tion Act (16 U.S.C. 668–668d); ment within which the donee may not (3) Listed in § 23.33 of this title as retransfer the donation without the ‘‘Appendix I’’ under the Convention on prior authorization of the Director en- International Trade in Endangered titles the Director to immediate repos- Species of Wild Fauna and Flora; session of the wildlife or plants; (4) Listed in § 17.11 of this title as (7) Any attempt by a borrower to re- ‘‘endangered’’ or ‘‘threatened’’ under transfer the loan without the prior au- the Endangered Species Act of 1973 (16 thorization of the Director entitles the U.S.C. 1533), unless the item or species Director to immediate repossession of may be lawfully traded in interstate the wildlife or plants; commerce; and (8) Subject to applicable limitations (5) Protected under the Marine Mam- of law, duly authorized Service officers mal Protection Act (16 U.S.C. 1361– at all reasonable times shall, upon no- 1407), unless the item or species may be tice, be afforded access to the place lawfully traded in interstate com- where the donation or loan is kept and merce. an opportunity to inspect it; (b) Wildlife and plants must be sold (9) Any donation is subject to condi- in accordance with current Federal tions specified in the transfer docu- Property Management Regulations (41 ment, the violation of which causes the CFR chapter 101) and Interior Property property to revert to the United Management Regulations (41 CFR States; chapter 114) or U.S. Customs laws and (10) Any loan is for an indefinite pe- regulations, except the Director may riod of time unless a date on which the sell any wildlife or plant immediately loan must be returned to the Service is for its fair market value if the Director stated on the transfer document; and determines that it is liable to perish, (11) Any loan remains the property of deteriorate, decay, waste, or greatly the United States, and the Director decrease in value by keeping, or that may demand its return at any time. the expense of keeping it is dispropor- (c) Wildlife and plants may be do- tionate to its value. nated to individual American Indians (c) Wildlife or plants which may not for the practice of traditional Amer- be possessed lawfully by purchasers ican Indian religions. Any donation of under the laws of the State where held the parts of bald or golden eagles to may be moved to a State where posses- American Indians may only be made to sion is lawful and may be sold. individuals authorized by permit issued (d) Wildlife or plants purchased at in accordance with § 22.22 of this title sale are subject to the prohibitions, re- to possess such items. strictions, conditions, or requirements (d) Edible wildlife, fit for human con- which apply to a particular species of sumption, may be donated to a non- wildlife or plant imposed by the laws or 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.

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§ 12.38 Destruction. (5) A statement of all facts and cir- (a) Wildlife and plants not otherwise cumstances relied upon by the peti- disposed of must be destroyed. tioner to justify restoration of the pro- (b) When destroyed, the fact, manner, ceeds, including proof that the peti- and date of destruction and the type tioner did not know of the seizure be- and quantity destroyed must be cer- fore the declaration or order of for- tified by the official actually destroy- feiture and was in such circumstances ing the items. as prevented the petitioner from know- ing of the same. § 12.39 Information on property avail- (c) The petition shall be signed by able for disposal. the petitioner or the petitioner’s attor- Persons interested in obtaining infor- ney at law. If the petitioner is a cor- mation on property which is available poration, the petition must be signed for disposal should contact the appro- by an authorized officer, supervisory priate Special Agent in Charge listed employee, or attorney at law, and the in § 10.22 of this title. corporate seal shall be properly affixed to the signature. Subpart E—Restoration of Pro- (d) A false statement in the petition ceeds and Recovery of Stor- may subject the petitioner to prosecu- age Costs tion under title 18, U.S. Code, section 1001. § 12.41 Petition for restoration of pro- (e) Upon receiving the petition, the ceeds. Solicitor shall decide whether or not to (a) Any person claiming any property grant relief. In making a decision, the or interest therein which has been for- Solicitor shall consider the informa- feited under the Endangered Species tion submitted by the petitioner, as Act, 16 U.S.C. 1531 et seq.; Eagle Protec- well as any other available information tion Act, 16 U.S.C. 668 et seq.; Airborne relating to the matter. Hunting Act, 16 U.S.C. 742j–1; or the (f) If the Solicitor finds the existence Lacey Act Amendments of 1981, 16 of such mitigating circumstances as to U.S.C. 3371 et seq., and sold according to justify restoration of the proceeds or law, or any person claiming cargo or an interest therein, of a vessel or other any part thereof and that the peti- conveyance employed in unlawful tak- tioner did not know of the seizure being which has been forfeited under the fore the declaration or order of for- Marine Mammal Protection Act, 16 feiture and was in such circumstances U.S.C. 1361 et seq., and sold according to as prevented the petitioner from know- law, may file with the Solicitor or, ing of the same, the Solicitor may where forfeiture proceedings have been order the proceeds or any part thereof brought in U.S. District Court, the At- restored to the petitioner, after deduct- torney General, a petition for restora- ing from such proceeds the costs of sei- tion of proceeds. zure, storage, forfeiture and disposi- (b) A petition filed with the Solicitor tion, the duties, if any, accruing on the need not be in any particular form, but seized property, and any sum due on a it must be received within three lien for freight, charges, or contribu- months after the date of sale of the tion in general average, notice of which property and must contain the fol- has been filed with the Solicitor ac- lowing: cording to law. (1) A description of the property; (g) If the Solicitor decides that relief (2) The time and place of seizure; should not be granted, the Solicitor (3) Evidence of the petitioner’s inter- shall so notify the petitioner in writ- est in the property, including con- ing, stating in the notification the rea- tracts, bills of sale, invoices, security sons for denying relief. The petitioner interests, certificates of title, and may then file a supplemental petition, other satisfactory evidence; (4) A request for restoration of the but no supplemental petition shall be proceeds or such part thereof as is considered unless it is received within claimed by the petitioner; and 60 days from the date of the Solicitor’s

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notification denying the original peti- signee, the Solicitor or Service shall tion. issue a letter or other document authorizing its return. This letter or [45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982] other document shall be delivered personally or sent by registered or cer- § 12.42 Recovery of certain storage tified mail, return receipt requested, costs. and shall identify the owner or con- If any wildlife, plant, or evidentiary signee, the seized property, and, if ap- item is seized and forfeited under the propriate, the bailee of the seized prop- Endangered Species Act, 16 U.S.C. 1531 erty. It shall also provide that upon et seq., any person whose act or omis- presentation of the letter or other doc- sion was the basis for the seizure may ument and proper identification, and be charged a reasonable fee for ex- the signing of a receipt provided by the penses to the United States connected Service, the seized property is author- with the transfer, board, handling, or ized to be released, provided it is prop- storage of such property. If any fish, erly marked in accordance with appli- wildlife or plant is seized in connection cable State or Federal requirements. with a violation of the Lacey Act Amendments of 1981, 16 U.S.C. 3371, et PART 13—GENERAL PERMIT seq., any person convicted thereof, or PROCEDURES assessed a civil penalty therefor, may be assessed a reasonable fee for ex- Subpart A—Introduction penses of the United States connected with the storage, care and maintenance Sec. 13.1 General. of such property. Within a reasonable 13.2 Purpose of regulations. time after forfeiture, the Service shall 13.3 Scope of regulations. send to such person by registered or 13.4 Emergency variation from require- certified mail, return receipt re- ments. quested, a bill for such fee. The bill 13.5 Information collection requirements. shall contain an itemized statement of the applicable costs, together with in- Subpart B—Application for Permits structions on the time and manner of 13.11 Application procedures. payment. Payment shall be made in ac- 13.12 General information requirements on cordance with the bill. The recipient of applications for permits. any assessment of costs under this section who has an objection to the rea- Subpart C—Permit Administration sonableness of the costs described in 13.21 Issuance of permits. the bill may, within 30 days of the date 13.22 Renewal of permits. on which he received the bill, file writ- 13.23 Amendment of permits. ten objections with the Regional Direc- 13.24 Right of succession by certain persons. tor of the Fish and Wildlife Service for 13.25 Transfer of permits and scope of per- the Region in which the seizure oc- mit authorization. curred. Upon receipt of the written ob- 13.26 Discontinuance of permit activity. 13.27 Permit suspension. jections, the appropriate Regional Di- 13.28 Permit revocation. rector will promptly review them and 13.29 Review procedures. within 30 days mail his final decision to the party who filed objections. In all Subpart D—Conditions cases, the Regional Director’s decision 13.41 Humane conditions. shall constitute final administrative 13.42 Permits are specific. action on the matter. 13.43 Alteration of permits. [47 FR 56861, Dec. 21, 1982] 13.44 Display of permit. 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. If, at the conclusion of the appro- 13.50 Acceptance of liability. priate proceedings, seized property is AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, to be returned to the owner or con- 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901–

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4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. letter of authorization, or other docu- 9701. ment as the context may require, and SOURCE: 39 FR 1161, Jan. 4, 1974, unless oth- to all such documents issued by the erwise noted. Service or other authorized U.S. or foreign government agencies. Subpart A—Introduction [70 FR 18317, Apr. 11, 2005] § 13.1 General. § 13.4 Emergency variation from re- (a) A person must obtain a valid per- quirements. mit before commencing an activity for which a permit is required by this sub- The Director may approve variations chapter, except as provided in § 23.53 of from the requirements of this part this subchapter for retrospective per- when he finds that an emergency exists mits for certain CITES shipments and that the proposed variations will under very specific situations. not hinder effective administration of (b) A person must apply for such a this subchapter B, and will not be un- permit under the general permit proce- lawful. dures of this part and any other regulations in this subchapter that apply to § 13.5 Information collection require- the proposed activity. ments. (1) The requirements of all applicable (a) The Office of Management and parts of this subchapter must be met. Budget approved the information col- (2) A person may submit one applica- lection requirements contained in this tion that includes the information re- part 13 under 44 U.S.C. and assigned quired in each part of this subchapter, OMB Control Number 1018–0092. The and a single permit will be issued if ap- Service may not conduct or sponsor, propriate. and you are not required to respond, to [72 FR 48445, Aug. 23, 2007] a collection of information unless it displays a currently valid OMB control § 13.2 Purpose of regulations. number. We are collecting this infor- The regulations contained in this mation to provide information nec- part provide uniform rules, conditions, essary to evaluate permit applications. and procedures for the application for We will use this information to review and the issuance, denial, suspension, permit applications and make deci- revocation, and general administration sions, according to criteria established of all permits issued pursuant to this in various Federal wildlife conserva- subchapter B. tion statutes and regulations, on the issuance, suspension, revocation, or de- [54 FR 38147, Sept. 14, 1989] nial permits. You must respond to obtain or retain a permit. § 13.3 Scope of regulations. (b) We estimate the public reporting The provisions in this part are in ad- burden for these reporting require- dition to, and are not in lieu of, other ments to vary from 15 minutes to 4 permit regulations of this subchapter hours per response, with an average of and apply to all permits issued there- 0.803 hours per response, including time under, including ‘‘Importation, Expor- for reviewing instructions, gathering tation and Transportation of Wildlife’’ and maintaining data, and completing (part 14), ‘‘Wild Bird Conservation Act’’ and reviewing the forms. Direct com- (part 15), ‘‘Injurious Wildlife’’ (part 16), ments regarding the burden estimate ‘‘Endangered and Threatened Wildlife or any other aspect of these reporting and Plants’’ (part 17), ‘‘Marine Mam- requirements to the Service Informa- mals’’ (part 18), ‘‘Migratory Bird Per- tion Collection Control Officer, MS–222 mits’’ (part 21), ‘‘Eagle Permits’’ (part ARLSQ, U.S. Fish and Wildlife Service, 22), and ‘‘Endangered Species Conven- Washington, DC 20240, or the Office of tion’’ (the Convention on International Management and Budget, Paperwork Trade in Endangered Species of Wild Reduction Project (1018–0092), Wash- Fauna and Flora) (part 23). As used in ington, DC 20603. this part 13, the term ‘‘permit’’ will refer to a license, permit, certificate, [63 FR 52634, Oct. 1, 1998]

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Subpart B—Application for Permits dangered and threatened species, including incidental take, scientific pur- § 13.11 Application procedures. poses, enhancement of propagation or The Service may not issue a permit survival (i.e., recovery), and enhance- for any activity authorized by this sub- ment of survival by writing to the Re- chapter B unless you have filed an ap- gional Director (Attention: Endangered plication under the following proce- Species Permits) of the Region where dures: the activity is to take place (see 50 (a) Forms. Applications must be sub- CFR 2.2 or the Service Web site, http:// mitted in writing on a Federal Fish www.fws.gov, for addresses and bound- and Wildlife License/Permit Applica- aries of the Regions). Submit com- tion (Form 3–200) or as otherwise spe- pleted applications to the same address cifically directed by the Service. (the Regional office covering the area (b) Forwarding instructions. Applica- where the activity will take place). tions for permits in the following cat- Permit applications for interstate com- egories should be forwarded to the merce for native endangered and issuing office indicated below. threatened species should be obtained (1) You may obtain applications for by writing to the Regional Director migratory bird banding permits (50 (Attention: Endangered Species Per- CFR 21.22) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife mits) of the Region that has the lead Research Center, 12100 Beech Forest for the particular species, rather than Road, Laurel, Maryland 20708–4037. the Region where the activity will take Submit completed permit applications place. You can obtain information on to the same address. the lead Region via the Service’s En- (2) You may obtain applications for dangered Species Program Web page designated port exception permits and (http://endangered.fws.gov/wildlife.html) import/export licenses (50 CFR 14) by by entering the common or scientific writing to the Special Agent in Charge name of the listed species in the Regu- (SAC) of the Region in which you re- latory Profile query box. Send inter- side (see 50 CFR 2.2 or the Service Web state commerce permit applications for site, http://www.fws.gov, for addresses native listed species to the same Re- and boundaries of the Regions). Submit gional Office that has the lead for that completed permit applications to the species. Endangered Species Act permit same address. applications for the import or export of (3) You may obtain applications for native endangered and threatened spe- Wild Bird Conservation Act permits (50 cies may be obtained from the Division CFR 15); injurious wildlife permits (50 of Management Authority in accord- CFR 16); captive-bred wildlife registra- ance with paragraph (b)(3) of this sections (50 CFR 17); permits authorizing tion. import, export, or foreign commerce of (5) You may obtain applications for endangered and threatened species, and bald and golden eagle permits (50 CFR interstate commerce of non-native en- 22) and migratory bird permits (50 CFR dangered or threatened species (50 CFR 21), except for banding and marking 17); marine mammal permits (50 CFR permits, by writing to the Migratory 18); and permits and certificates for im- Bird Permit Program Office in the Re- port, export, and reexport of species gion in which you reside. For mailing listed under the Convention on Inter- addresses for the Migratory Bird Re- national Trade in Endangered Species gional Permit Offices, see below, or go of Wild Fauna and Flora (CITES) (50 to: http://permits.fws.gov/mbpermits/ad- CFR 23) from: U.S. Fish and Wildlife dresses.html. Send completed applica- Service, Division of Management Au- thority, 4401 N. Fairfax Drive, Room tions to the same address. The mailing 700, Arlington, Virginia 22203–1610. Sub- addresses for the Regional Migratory mit completed permit applications to Bird Permit Offices are as follows: the same address. Region 1 (CA, HI, ID, NV, OR, WA, (4) You may obtain Endangered Spe- American Samoa, Guam, Common- cies Act permit applications (50 CFR wealth of the Northern Mariana Is- 17) for activities involving native en- lands, and other Pacific possessions):

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U.S. Fish and Wildlife Service, Mi- tion within the Service, with other gratory Bird Permit Office, 911 N.E. Federal agencies, and/or State or for- 11th Avenue, Portland, OR 97232–4181. eign governments. When applicable, we Region 2 (AZ, NM, OK, TX): U.S. Fish may require permit applicants to pro- and Wildlife Service, Migratory Bird vide additional information on the pro- Permit Office, P.O. Box 709, Albu- posal and on its environmental effects querque, NM 87103. as may be necessary to satisfy the pro- Region 3 (IA, IL, IN, MN, MO, MI, OH, cedural requirements of NEPA. WI): U.S. Fish and Wildlife Service, (d) Fees. (1) Unless otherwise exempt- Migratory Bird Permit Office, One ed under this paragraph (d), you must Federal Drive, Fort Snelling, MN pay the required permit processing fee 55111. at the time that you apply for issuance Region 4 (AL, AR, FL, GA, KY, LA, or amendment of a permit. You must MS, NC, SC, TN, PR, VI, and Carib- pay in U.S. dollars. If you submit a bean possessions): U.S. Fish and check or money order, it must be made Wildlife Service, Migratory Bird Per- payable to the ‘‘U.S. Fish and Wildlife mit Office, P.O. Box 49208, Atlanta, Service.’’ The Service will not refund GA 30359. any application fee under any cir- Region 5 (CT, DC, DE, MA, MD, ME, cumstances if we have processed the NH, NJ, NY, PA, RI, VA, VT, WV): application. However, we may return U.S. Fish and Wildlife Service, Mi- the application fee if you withdraw the gratory Bird Permit Office, P.O. Box application before we have signifi- 779, Hadley, MA 01035–0779. cantly processed it. Region 6 (CO, KS, MT, ND, NE, SD, UT, (2) If regulations in this subchapter WY): U.S. Fish and Wildlife Service, require more than one type of permit Migratory Bird Permit Office, P.O. for an activity and the permits are Box 25486, DFC (60130), Denver, CO issued by the same office, the issuing 80225–0486. office may issue one consolidated per- Region 7 (AK): U.S. Fish and Wildlife mit authorizing the activity in accord- Service, Migratory Bird Permit Of- ance with § 13.1. You may submit a sin- fice (MS–201), 1011 E. Tudor Road, An- gle application in such cases, provided chorage, AK 99503. that the single application contains all (c) Time notice. The Service will proc- the information required by the sepa- ess all applications as quickly as pos- rate applications for each permitted sible. However, we cannot guarantee activity. Where more than one per- final action within the time limit you mitted activity is consolidated into request. You should ensure that appli- one permit, the issuing office will cations for permits for marine mam- charge the highest single fee for the ac- mals and/or endangered and threatened tivity permitted. species are postmarked at least 90 cal- (3) Circumstances under which we endar days prior to the requested effec- will not charge a permit application tive date. The time we require for proc- fee are as follows: essing of endangered and threatened (i) We will not charge a permit appli- species incidental take permits will cation fee to any Federal, tribal, State, vary according to the project scope and or local government agency or to any significance of effects. Submit applica- individual or institution acting on be- tions for all other permits to the half of such agency. Except as other- issuing/reviewing office and ensure wise authorized or waived, if you fail to they are postmarked at least 60 cal- submit evidence of such status with endar days prior to the requested effec- your application, we will require the tive date. Our processing time may be submission of all processing fees prior increased by the procedural require- to the acceptance of the application for ments of the National Environmental processing. Policy Act (NEPA), the requirement to (ii) As noted in paragraph (d)(4) of publish a notice in the FEDERAL REG- this section. ISTER requesting a 30-day public com- (iii) We may waive the fee on a case- ment period when we receive certain by-case basis for extraordinary extenu- types of permit applications, and/or the ating circumstances provided that the time required for extensive consulta- issuing permit office and a Regional or

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Assistant Director approves the waiv- ticular permit either cannot be amend- er. ed and a new application, and applica- (4) User fees. The following table iden- tion fee, would need to be submitted or tifies specific fees for each permit ap- no fee will be charged for amending the plication or amendment to a current permit (please contact the issuing of- permit. If no fee is identified under the fice for further information). Amendment Fee column, this par-

CFR Amendment Type of permit citation Fee fee

Migratory Bird Treaty Act

Migratory Bird Import/Export ...... 50 CFR 21 $75 ...... Migratory Bird Banding or Marking ...... 50 CFR 21 ...... Migratory Bird Scientific Collecting ...... 50 CFR 21 100 $50 Migratory Bird Taxidermy ...... 50 CFR 21 100 ...... Waterfowl Sale and Disposal ...... 50 CFR 21 75 ...... Special Canada Goose ...... 50 CFR 21 ...... Migratory Bird Special Purpose/Education ...... 50 CFR 21 75 ...... Migratory Bird Special Purpose/Salvage ...... 50 CFR 21 75 ...... Migratory Bird Special Purpose/Game Bird Propagation ...... 50 CFR 21 75 ...... Migratory Bird Special Purpose/Miscellaneous ...... 50 CFR 21 100 ...... Falconry ...... 50 CFR 21 100 ...... Raptor Propagation ...... 50 CFR 21 100 ...... Migratory Bird Rehabilitation ...... 50 CFR 21 50 ...... Migratory Bird Depredation ...... 50 CFR 21 100 50 Migratory Bird Depredation/Homeowner ...... 50 CFR 21 50 ......

Bald and Golden Eagle Protection Act

Eagle Scientific Collecting ...... 50 CFR 22 100 50 Eagle Exhibition ...... 50 CFR 22 75 ...... Eagle Falconry ...... 50 CFR 22 100 ...... Eagle—Native American Religion ...... 50 CFR 22 ...... Eagle Take permits—Depredation and Protection of Health and Safety ...... 50 CFR 22 100 Golden Eagle Nest Take ...... 50 CFR 22 100 50 Eagle Transport—Scientific or Exhibition ...... 50 CFR 22 75 ...... Eagle Transport—Native American Religious Purposes ...... 50 CFR 22 (1) (1) Eagle Take—Associated With but Not the Purpose of an Activity ...... 50 CFR 22 500 150 Eagle Take—Associated With but Not the Purpose of an Activity—Programmatic .... 50 CFR 22 1000 500 Eagle Nest Take ...... 50 CFR 22 500 150 Eagle Nest Take—Programmatic ...... 50 CFR 22 1000 500 Eagle Take—Exempted under ESA ...... 50 CFR 22 ......

Endangered Species Act/CITES/Lacey Act

ESA Recovery ...... 50 CFR 17 100 50 ESA Interstate Commerce ...... 50 CFR 17 100 50 ESA Enhancement of Survival (Safe Harbor Agreement) ...... 50 CFR 17 50 25 ESA Enhancement of Survival (Candidate Conservation Agreement with Assur- 50 CFR 17 50 25 ances). ESA Incidental Take (Habitat Conservation Plan) ...... 50 CFR 17 100 50 ESA and CITES Import/Export and Foreign Commerce ...... 50 CFR 17 100 50 ESA and CITES Museum Exchange ...... 50 CFR 17 100 50 ESA Captive-bred Wildlife Registration ...... 50 CFR 17 200 100 —Renewal of Captive-bred wildlife registration ...... 50 CFR 17 100 ...... CITES Import (including trophies under ESA and MMPA) ...... 50 CFR 17, 100 50 18, 23. CITES Export ...... 50 CFR 23 100 50 CITES Pre-Convention ...... 50 CFR 23 75 40 CITES Certificate of Origin ...... 50 CFR 23 75 40 CITES Re-Export ...... 50 CFR 23 75 40 CITES Personal Effects and Pet Export/Re-Export ...... 50 CFR 23 50 ...... CITES Appendix II Export (native furbearers and alligators—excluding live animals) 50 CFR 23 100 50 CITES Master File (includes files for artificial propagation, biomedical, etc. and cov- 50 CFR 23 200 100 ers import, export, and re-export documents). —Renewal of CITES Master File ...... 50 CFR 23 100 ...... —Single-use permits issued on Master File ...... 50 CFR 23 2 5 ...... CITES Annual Program File ...... 50 CFR 23 50 ...... —Single-use permits issued under Annual Program ...... 50 CFR 23 2 5 ...... CITES replacement documents (lost, stolen, or damaged documents) ...... 50 CFR 23 50 50 CITES Passport for Traveling Exhibitions and Pets ...... 50 CFR 23 3 75 ...... CITES/ESA Passport for Traveling Exhibitions ...... 50 CFR 23 3 100 ...... CITES Introduction from the Sea ...... 50 CFR 23 100 50

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CFR Amendment Type of permit citation Fee fee

CITES Participation in the Plant Rescue Center Program ...... 50 CFR 23 (1) (1) CITES Registration of Commercial Breeding Operations for Appendix-I wildlife ...... 50 CFR 23 100 CITES Request for Approval of an Export Program for a State or Tribe (American 50 CFR 23 (1) (1) Ginseng, Certain Furbearers, and American Alligator). Import/Export License ...... 50 CFR 14 100 50 Designated Port Exception ...... 50 CFR 14 100 50 Injurious Wildlife Permit ...... 50 CFR 16 100 50 —Transport Authorization for Injurious Wildlife ...... 50 CFR 16 25 ......

Wild Bird Conservation Act (WBCA)

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

Marine Mammal Protection Act

Marine Mammal Public Display ...... 50 CFR 18 300 150 Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery ..... 50 CFR 18 150 75 —Renewal of Marine Mammal Scientific Research/Enhancement/Reg- 50 CFR 18 75 ...... istered Agent or Tannery. 1 No fee. 2 Each. 3 Per animal. 4 Per species.

(5) We will charge a fee for sub- tion abandoned. We will not refund any stantive amendments made to permits fees for an abandoned application. within the time period that the permit [70 FR 18317, Apr. 11, 2005, as amended at 72 is still valid. The fee is generally half FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, the original fee assessed at the time 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, that the permit is processed; see para- Sept. 11, 2009] graph (d)(4) of this section for the exact amount. Substantive amendments are § 13.12 General information require- those that pertain to the purpose and ments on applications for permits. conditions of the permit and are not (a) General information required for all purely administrative. Administrative applications. All applications must con- changes, such as updating name and tain the following information: address information, are required (1) Applicant’s full name and address under 13.23(c), and we will not charge a (street address, city, county, state, and fee for such amendments. zip code; and mailing address if dif- (6) Except as specifically noted in ferent from street address); home and paragraph (d)(4) of this section, a perwork telephone numbers; and, if avail- mit renewal is an issuance of a new able, a fax number and e-mail address, permit, and applicants for permit re- and: newal must pay the appropriate fee (i) If the applicant resides or is lo- listed in paragraph (d)(4) of this sec- cated outside the United States, an ad- tion. dress in the United States, and, if con- (e) Abandoned or incomplete applica- ducting commercial activities, the name and address of his or her agent tions. If we receive an incomplete or that is located in the United States; improperly executed application, or if and you do not submit the proper fees, the (ii) If the applicant is an individual, issuing office will notify you of the de- the date of birth, social security num- ficiency. If you fail to supply the cor- ber, if available, occupation, and any rect information to complete the appli- business, agency, organizational, or in- cation or to pay the required fees with- stitutional affiliation associated with in 45 calendar days of the date of noti- the wildlife or plants to be covered by fication, we will consider the applica- the license or permit; or

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(iii) If the applicant is a business, graph (a)(3) of this section certain ad- corporation, public agency, or institu- ditional information is required on all tion, the tax identification number; de- applications. These additional require- scription of the type of business, cor- ments may be found by referring to the poration, agency, or institution; and section of this subchapter B cited after the name and title of the person re- the type of permit for which applica- sponsible for the permit (such as presi- tion is being made: dent, principal officer, or director); (2) Location where the requested per- Type of permit Section mitted activity is to occur or be con- Importation at nondesignated ports: ducted; Scientific ...... 14.31 (3) Reference to the part(s) and sec- Deterioration prevention ...... 14.32 tion(s) of this subchapter B as listed in Economic hardship ...... 14.33 paragraph (b) of this section under Marking of package or container: which the application is made for a Symbol marking ...... 14.83 Import/export license ...... 14.93 permit or permits, together with any Feather import quota: Importation or entry ...... 15.21 additional justification, including sup- Injurious wildlife: Importation or shipment ...... 16.22 porting documentation as required by Endangered wildlife and plant permits: the referenced part(s) and section(s); Similarity of appearance ...... 17.52 (4) If the requested permitted activ- Scientific, enhancement of propagation or ity involves the import or re-export of survival, incidental taking for wildlife ...... 17.22 Scientific, propagation, or survival for plants 17.62 wildlife or plants from or to any for- Economic hardship for wildlife ...... 17.23 eign country, and the country of ori- Economic hardship for plants ...... 17.63 gin, or the country of export or re-ex- Threatened wildlife and plant permits: port restricts the taking, possession, Similarity of appearance ...... 17.52 transportation, exportation, or sale of General for wildlife ...... 17.32 American alligator-buyer or tanner ...... 17.42(a) wildlife or plants, documentation as in- General for plants ...... 17.72 dicated in § 14.52(c) of this subchapter Marine mammals permits: B; Scientific research ...... 18.31 (5) Certification in the following lan- Public display ...... 18.31 guage: Migratory bird permits: Banding or marking ...... 21.22 I hereby certify that I have read and am fa- Scientific collecting ...... 21.23 miliar with the regulations contained in Taxidermist ...... 21.24 title 50, part 13, of the Code of Federal Regu- Waterfowl sale and disposal ...... 21.25 lations and the other applicable parts in sub- Special aviculturist ...... 21.26 chapter B of chapter I of title 50, Code of Special purpose ...... 21.27 Federal Regulations, and I further certify Falconry ...... 21.28 that the information submitted in this appli- Raptor propagation permit ...... 21.30 cation for a permit is complete and accurate Depredation control ...... 21.41 to the best of my knowledge and belief. I un- Eagle permits: derstand that any false statement herein Scientific or exhibition ...... 22.21 Indian religious use ...... 22.22 may subject me to suspension or revocation Depredation and protection of health and of this permit and to the criminal penalties safety ...... 22.23 of 18 U.S.C. 1001. Falconry purposes ...... 22.24 (6) Desired effective date of permit Take of golden eagle nests ...... 22.25 Eagle take—Associated with but not the except where issuance date is fixed by purpose of an activity ...... 22.26 the part under which the permit is Eagle nest take ...... 22.27 issued; Eagle take—Exempted under ESA ...... 22.28 (7) Date; Endangered Species Convention permits ...... 23.15 (8) Signature of the applicant; and (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, environmental effects of the activity Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 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]

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Subpart C—Permit Administration similar permit for a period of five years from the date of the final agency deci- § 13.21 Issuance of permits. sion on such revocation. (a) No permit may be issued prior to (3) The failure to pay any required the receipt of a written application fees or assessed costs and penalties, therefor, unless a written variation whether or not reduced to judgement from the requirements, as authorized disqualifies such person from receiving by § 13.4, is inserted into the official file or exercising the privileges of a permit of the Bureau. An oral or written rep- as long as such moneys are owed to the resentation of an employee or agent of United States. This requirement shall the United States Government, or an not apply to any civil penalty pres- action of such employee or agent, shall ently subject to administrative or judi- not be construed as a permit unless it cial appeal; provided that the pendency meets the requirements of a permit as of a collection action brought by the defined in 50 CFR 10.12. United States or its assignees shall not (b) Upon receipt of a properly exe- constitute an appeal within the mean- cuted application for a permit, the Di- ing of this subsection. rector shall issue the appropriate per- (4) The failure to submit timely, ac- mit unless: curate, or valid reports as required (1) The applicant has been assessed a may disqualify such person from re- civil penalty or convicted of any crimi- ceiving or exercising the privileges of a nal provision of any statute or regula- permit as long as the deficiency exists. tion relating to the activity for which (d) Use of supplemental information. the application is filed, if such assess- The issuing officer, in making a deter- ment or conviction evidences a lack of mination under this subsection, may responsibility. use any information available that is (2) The applicant has failed to dis- relevant to the issue. This may include close material information required, or any prior conviction, or entry of a plea has made false statements as to any of guilty or nolo contendere, or assess- material fact, in connection with his ment of civil or criminal penalty for a application; violation of any Federal or State law (3) The applicant has failed to dem- or regulation governing the permitted onstrate a valid justification for the activity. It may also include any prior permit and a showing of responsibility; permit revocations or suspensions, or (4) The authorization requested po- any reports of State or local officials. tentially threatens a wildlife or plant The issuing officer shall consider all population, or relevant facts or information available, (5) The Director finds through fur- and may make independent inquiry or ther inquiry or investigation, or other- investigation to verify information or wise, that the applicant is not quali- substantiate qualifications asserted by fied. the applicant. (c) Disqualifying factors. Any one of (e) Conditions of issuance and accept- the following will disqualify a person ance—(1) Conditions of issuance and ac- from receiving permits issued under ceptance. Any permit automatically in- this part. corporates within its terms the condi- (1) A conviction, or entry of a plea of tions and requirements of subpart D of guilty or nolo contendere, for a felony this part and of any part(s) or sec- 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

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consents to and shall allow entry by this subchapter (because the CITES agents or employees of the Service document is void upon expiration). upon premises where the permitted ac- (d) Denial. The issuing officer may tivity is conducted at any reasonable deny renewal of a permit to any appli- hour. Service agents or employees may cant who fails to meet the issuance cri- enter such premises to inspect the lo- teria set forth in § 13.21 of this part, or cation; any books, records, or permits in the part(s) or section(s) specifically required to be kept by this subchapter governing the activity for which the B; and any wildlife or plants kept renewal is requested. under authority of the permit. [54 FR 38148, Sept. 14, 1989, as amended at 72 (f) Term of permit. Unless otherwise FR 48446, Aug. 23, 2007] modified, a permit is valid during the period specified on the face of the per- § 13.23 Amendment of permits. mit. Such period shall include the ef- (a) Permittee’s request. Where cir- fective date and the date of expiration. cumstances have changed so that a per- (g) Denial. The issuing officer may mittee desires to have any condition of deny a permit to any applicant who his permit modified, such permittee fails to meet the issuance criteria set must submit a full written justifica- forth in this section or in the part(s) or tion and supporting information in section(s) specifically governing the conformity with this part and the part activity for which the permit is re- under which the permit was issued. quested. (b) The Service reserves the right to [39 FR 1161, Jan. 4, 1974, as amended at 42 FR amend any permit for just cause at any 32377, June 24, 1977; 47 FR 30785, July 15, 1982; time during its term, upon written 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. finding of necessity, provided that any 11, 2005] such amendment of a permit issued under § 17.22(b) through (d) or § 17.32(b) § 13.22 Renewal of permits. through (d) of this subchapter shall be (a) Application for renewal. Applicants consistent with the requirements of for renewal of a permit must submit a § 17.22(b)(5), (c)(5) and (d)(5) or written application at least 30 days § 17.32(b)(5), (c)(5) and (d)(5) of this sub- prior to the expiration date of the per- chapter, respectively. mit. Applicants must certify in the (c) Change of name or address. A perform required by § 13.12(a)(5) that all mittee is not required to obtain a new statements and information in the permit if there is a change in the legal original application remain current individual or business name, or in the and correct, unless previously changed mailing address of the permittee. A or corrected. If such information is no permittee is required to notify the longer current or correct, the applicant issuing office within 10 calendar days must provide corrected information. of such change. This provision does not (b) Renewal criteria. The Service shall authorize any change in location of the issue a renewal of a permit if the appli- conduct of the permitted activity when cant meets the criteria for issuance in approval of the location is a qualifying § 13.21(b) and is not disqualified under condition of the permit. § 13.21(c). [54 FR 38148, Sept. 14, 1989, as amended at 64 (c) Continuation of permitted activity. FR 32711, June 17, 1999] Any person holding a valid, renewable 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

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representative of a deceased permittee; any outstanding minimization and or mitigation requirements; and (2) A receiver or trustee in bank- (3) The proposed transferee has pro- ruptcy or a court designated assignee vided such other information as the for the benefit of creditors. Service determines is relevant to the (b) In order to qualify for the author- processing of the submission. ization provided in this section, the (c) In the case of the transfer of lands person or persons desiring to continue subject to an agreement and permit the activity shall furnish the permit to the issuing officer for endorsement issued under § 17.22(c) or (d) or § 17.32 (c) within 90 days from the date the suc- or (d) of this subchapter B, the Service cessor begins to carry on the activity. will transfer the permit to the new (c) In the case of permits issued owner if the new owner agrees in writ- under § 17.22(b) through (d) or § 17.32(b) ing to become a party to the original through (d) of this subchapter B, the agreement and permit. successor’s authorization under the (d) Except as otherwise stated on the permit is also subject to a determina- face of the permit, any person who is tion by the Service that: under the direct control of the per- (1) The successor meets all of the mittee, or who is employed by or under qualifications under this part for hold- contract to the permittee for purposes ing a permit; authorized by the permit, may carry (2) The successor has provided ade- out the activity authorized by the per- quate written assurances that it will mit. provide sufficient funding for the con- (e) In the case of permits issued servation plan or Agreement and will under § 17.22(b)–(d) or § 17.32(b)–(d) of implement the relevant terms and con- this subchapter to a State or local gov- ditions of the permit, including any outstanding minimization and mitiga- ernmental entity, a person is under the tion requirements; and direct control of the permittee where: (3) The successor has provided such (1) The person is under the jurisdic- other information as the Service deter- tion of the permittee and the permit mines is relevant to the processing of provides that such person(s) may carry the request. out the authorized activity; or (2) The person has been issued a per- [64 FR 32711, June 17, 1999] mit by the governmental entity or has § 13.25 Transfer of permits and scope executed a written instrument with the of permit authorization. governmental entity, pursuant to the (a) Except as otherwise provided for terms of the implementing agreement. in this section, permits issued under [64 FR 32711, June 17, 1999, as amended at 64 this part are not transferable or assign- FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, able. 2004] (b) Permits issued under § 17.22(b) or § 17.32(b) of this subchapter B may be § 13.26 Discontinuance of permit activ- transferred in whole or in part through ity. a joint submission by the permittee When a permittee, or any successor and the proposed transferee or in the to a permittee as provided for by § 13.24, case of a deceased permittee, the de- discontinues activities authorized by a ceased permittee’s legal representative permit, the permittee shall within 30 and the proposed transferee, provided the Service determines that: calendar days of the discontinuance re- (1) The proposed transferee meets all turn the permit to the issuing office to- of the qualifications under this part for gether with a written statement sur- holding a permit; rendering the permit for cancellation. (2) The proposed transferee has pro- The permit shall be deemed void and vided adequate written assurances that cancelled upon its receipt by the it will provide sufficient funding for issuing office. No refund of any fees the conservation plan or Agreement paid for issuance of the permit or for and will implement the relevant terms any other fees or costs associated with and conditions of the permit, including a permitted activity shall be made

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when a permit is surrendered for can- procedures for requesting reconsider- cellation for any reason prior to the ex- ation. piration date stated on the face of the [54 FR 38149, Sept. 14, 1989] permit. [54 FR 38149, Sept. 14, 1989] § 13.28 Permit revocation. (a) Criteria for revocation. A permit § 13.27 Permit suspension. may be revoked for any of the fol- (a) Criteria for suspension. The privi- lowing reasons: (1) The permittee willfully violates leges of exercising some or all of the any Federal or State statute or regula- permit authority may be suspended at tion, or any Indian tribal law or regu- any time if the permittee is not in lation, or any law or regulation of any compliance with the conditions of the foreign country, which involves a vio- permit, or with any applicable laws or lation of the conditions of the permit regulations governing the conduct of or of the laws or regulations governing the permitted activity. The issuing of- the permitted activity; or ficer may also suspend all or part of (2) The permittee fails within 60 days the privileges authorized by a permit if to correct deficiencies that were the the permittee fails to pay any fees, cause of a permit suspension; or penalties or costs owed to the Govern- (3) The permittee becomes disquali- ment. Such suspension shall remain in fied under § 13.21(c) of this part; or effect until the issuing officer deter- (4) A change occurs in the statute or mines that the permittee has corrected regulation authorizing the permit that the deficiencies. prohibits the continuation of a permit (b) Procedure for suspension. (1) When issued by the Service; or the issuing officer believes there are (5) Except for permits issued under valid grounds for suspending a permit § 17.22(b) through (d) or § 17.32(b) the permittee shall be notified in writ- through (d) of this subchapter, the pop- ing of the proposed suspension by cer- ulation(s) of the wildlife or plant that tified or registered mail. This notice is the subject of the permit declines to shall identify the permit to be sus- the extent that continuation of the pended, the reason(s) for such suspen- permitted activity would be detri- sion, the actions necessary to correct mental to maintenance or recovery of the deficiencies, and inform the per- the affected population. (b) (1) When mittee of the right to object to the pro- Procedure for revocation. the issuing officer believes there are posed suspension. The issuing officer valid grounds for revoking a permit, 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

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the objection period. The issuing offi- (2) The request for reconsideration cer shall notify the permittee in writ- must be received by the issuing officer ing of the Service’s decision and the within 45 calendar days of the date of reasons therefore, together with the in- notification of the decision for which formation concerning the right to re- reconsideration is being requested. quest and the procedures for requesting (3) The request for reconsideration reconsideration. shall state the decision for which re- (4) Unless a permittee files a timely consideration is being requested and request for reconsideration, any wild- shall state the reason(s) for the recon- life held under authority of a permit sideration, including presenting any that is revoked must be disposed of in new information or facts pertinent to accordance with instructions of the the issue(s) raised by the request for issuing officer. If a permittee files a reconsideration. timely request for reconsideration of a (4) The request for reconsideration proposed revocation, such permittee shall contain a certification in sub- may retain possession of any wildlife stantially the same form as that pro- held under authority of the permit vided by § 13.12(a)(5). If a request for re- until final disposition of the appeal consideration does not contain such process. certification, but is otherwise timely [54 FR 38149, Sept. 14, 1989, as amended at 64 and appropriate, it shall be held and FR 32711, June 17, 1999] the person submitting the request shall be given written notice of the need to § 13.29 Review procedures. submit the certification within 15 cal- (a) Request for reconsideration. Any endar days. Failure to submit certifi- person may request reconsideration of cation shall result in the request being an action under this part if that person rejected as insufficient in form and is one of the following: content. (1) An applicant for a permit who has (c) Inquiry by the Service. The Service received written notice of denial; may institute a separate inquiry into (2) An applicant for renewal who has the matter under consideration. received written notice that a renewal (d) Determination of grant or denial of is denied; a request for reconsideration. The issuing (3) A permittee who has a permit officer shall notify the permittee of the amended, suspended, or revoked, ex- Service’s decision within 45 days of the cept for those actions which are re- receipt of the request for reconsider- quired by changes in statutes or regu- ation. This notification shall be in lations, or are emergency changes of writing, shall state the reasons for the limited applicability for which an expi- decision, and shall contain a descrip- ration date is set within 90 days of the tion of the evidence which was relied permit change; or upon by the issuing officer. The notifi- (4) A permittee who has a permit cation shall also provide information issued or renewed but has not been concerning the right to appeal, the offi- granted authority by the permit to per- cial to whom an appeal may be ad- form all activities requested in the ap- dressed, and the procedures for making plication, except when the activity re- an appeal. quested is one for which there is no (e) Appeal. A person who has received lawful authority to issue a permit. an adverse decision following submis- (b) Method of requesting reconsider- sion of a request for reconsideration ation. Any person requesting reconsid- may submit a written appeal to the Re- eration of an action under this part gional Director for the region in which must comply with the following cri- the issuing office is located, or to the teria: Director for offices which report di- (1) Any request for reconsideration rectly to the Director. An appeal must must be in writing, signed by the per- be submitted within 45 days of the date son requesting reconsideration or by of the notification of the decision on the legal representative of that person, the request for reconsideration. The and must be submitted to the issuing appeal shall state the reason(s) and officer. issue(s) upon which the appeal is based

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and may contain any additional evi- wise used for any official purpose for dence or arguments to support the ap- which the permit was issued. peal. (f) Decision on appeal. (1) Before a de- § 13.44 Display of permit. cision is made concerning the appeal Any permit issued under this part the appellant may present oral argu- shall be displayed for inspection upon ments before the Regional Director or request to the Director or his agent, or the Director, as appropriate, if such of- to any other person relying upon its ficial judges oral arguments are nec- existence. essary to clarify issues raised in the written record. § 13.45 Filing of reports. (2) The Service shall notify the appel- Permittees may be required to file lant in writing of its decision within 45 reports of the activities conducted calendar days of receipt of the appeal, under the permit. Any such reports unless extended for good cause and the shall be filed not later than March 31 appellant notified of the extension. for the preceding calendar year ending (3) The decision of the Regional Di- December 31, or any portion thereof, rector or the Director shall constitute during which a permit was in force, un- the final administrative decision of the less the regulations of this subchapter Department of the Interior. B or the provisions of the permit set forth other reporting requirements. [54 FR 38149, Sept. 14, 1989] § 13.46 Maintenance of records. Subpart D—Conditions From the date of issuance of the permit, the permittee shall maintain com- § 13.41 Humane conditions. plete and accurate records of any tak- Any live wildlife possessed under a ing, possession, transportation, sale, permit must be maintained under hu- purchase, barter, exportation, or im- mane and healthful conditions. portation of plants obtained from the [54 FR 38150, Sept. 14, 1989] wild (excluding seeds) or wildlife pursuant to such permit. Such records shall § 13.42 Permits are specific. be kept current and shall include names and addresses of persons with The authorizations on the face of a whom any plant obtained from the wild permit that set forth specific times, (excluding seeds) or wildlife has been dates, places, methods of taking or car- purchased, sold, bartered, or otherwise rying out the permitted activities, transferred, and the date of such trans- numbers and kinds of wildlife or action, and such other information as plants, location of activity, and associ- may be required or appropriate. Such ated activities that must be carried records shall be legibly written or re- out; describe certain circumscribed producible in English and shall be transactions; or otherwise allow a spe- maintained for five years from the date cifically limited matter, are to be of expiration of the permit. Permittees strictly interpreted and will not be in- who reside or are located in the United terpreted to permit similar or related States and permittees conducting com- matters outside the scope of strict con- mercial activities in the United States struction. who reside or are located outside the [70 FR 18320, Apr. 11, 2005] United States must maintain records at a location in the United States § 13.43 Alteration of permits. where the records are available for in- Permits shall not be altered, erased, spection. or mutilated, and any permit which [39 FR 1161, Jan. 4, 1974, as amended at 42 FR has been altered, erased, or mutilated 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; shall immediately become invalid. Un- 72 FR 48446, Aug. 23, 2007] less specifically permitted on the face thereof, no permit shall be copied, nor § 13.47 Inspection requirement. shall any copy of a permit issued pur- Any person holding a permit under suant to this subchapter B be dis- this subchapter B shall allow the Di- played, offered for inspection, or other- rector’s agent to enter his premises at

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any reasonable hour to inspect any 14.15 Personal baggage and household ef- wildlife or plant held or to inspect, fects. audit, or copy any permits, books, or 14.16 Border ports. records required to be kept by regula- 14.17 Personally owned pet birds. tions of this subchapter B. 14.18 Marine mammals. 14.19 Special ports. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 14.20 Exceptions by permit. 32377, June 24, 1977] 14.21 Shellfish and fishery products. 14.22 Certain antique articles. § 13.48 Compliance with conditions of 14.23 Live farm-raised fish and farm-raised permit. fish eggs. Any person holding a permit under 14.24 Scientific specimens. subchapter B and any person acting under authority of such permit must Subpart C—Designated Port Exception comply with all conditions of the per- Permits mit and with all appllicable laws and regulations governing the permitted 14.31 Permits to import or export wildlife at nondesignated port for scientific pur- activity. poses. [54 FR 38150, Sept. 14, 1989] 14.32 Permits to import or export wildlife at nondesignated port to minimize deterio- § 13.49 Surrender of permit. ration or loss. 14.33 Permits to import or export wildlife at Any person holding a permit under nondesignated port to alleviate undue subchapter B shall surrender such per- economic hardship. mit to the issuing officer upon notification that the permit has been sus- Subpart D [Reserved] pended or revoked by the Service, and all appeal procedures have been ex- Subpart E—Inspection and Clearance of hausted. Wildlife [54 FR 38150, Sept. 14, 1989] 14.51 Inspection of wildlife. 14.52 Clearance of imported wildlife. § 13.50 Acceptance of liability. 14.53 Detention and refusal of clearance. Except as otherwise limited in the 14.54 Unavailability of Service officers. case of permits described in § 13.25(d), 14.55 Exceptions to clearance requirements. any person holding a permit under this subchapter B assumes all liability and Subpart F—Wildlife Declarations responsibility for the conduct of any 14.61 Import declaration requirements. activity conducted under the authority 14.62 Exceptions to import declaration re- of such permit. quirements. [64 FR 32711, June 17, 1999] 14.63 Export declaration requirements. 14.64 Exceptions to export declaration requirements. PART 14—IMPORTATION, EXPOR- TATION, AND TRANSPORTATION Subpart G [Reserved] OF WILDLIFE Subpart H—Marking of Containers or Subpart A—Introduction Packages Sec. 14.81 Marking requirement. 14.1 Purpose of regulations. 14.82 Alternatives and exceptions to the 14.2 Scope of regulations. marking requirement. 14.3 Information collection requirements. 14.4 What terms do I have to understand? Subpart I—Import/Export Licenses and Inspection Fees Subpart B—Importation and Exportation at Designated Ports 14.91 When do I need an import/export license? 14.11 General restrictions. 14.92 What are the exemptions to the im- 14.12 Designated ports. port/export license requirement? 14.13 Emergency diversion. 14.93 How do I apply for an import/export li- 14.14 In-transit shipments. cense?

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14.94 What fees apply to me? SOURCE: 45 FR 56673, Aug. 25, 1980, unless otherwise noted. Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals Subpart A—Introduction and Birds to the United States § 14.1 Purpose of regulations. 14.101 Purposes. 14.102 Definitions. The regulations contained in this 14.103 Prohibitions. part provide uniform rules and proce- 14.104 Translations. dures for the importation, exportation, 14.105 Consignment to carrier. and transportation of wildlife. 14.106 Primary enclosures. 14.107 Conveyance. § 14.2 Scope of regulations. 14.108 Food and water. The provisions in this part are in ad- 14.109 Care in transit. dition to, and do not supersede other 14.110 Terminal facilities. 14.111 Handling. regulations of this subchapter B which 14.112 Other applicable provisions. may require a permit or prescribe additional restrictions or conditions for the SPECIFICATIONS FOR NONHUMAN PRIMATES importation, exportation, and trans- 14.121 Primary enclosures. portation of wildlife. 14.122 Food and water. 14.123 Care in transit. § 14.3 Information collection requirements. SPECIFICATIONS FOR MARINE MAMMALS The Office of Management and Budg- (CETACEANS, SIRENIANS, SEA OTTERS, et (OMB) has approved the information PINNIPEDS, AND POLAR BEARS) collection requirements contained in 14.131 Primary enclosures. this part 14 under 44 U.S.C. 3507 and as- 14.132 Food and water. signed OMB Control Numbers 1018–0012, 14.133 Care in transit. 1018–0092, and 1018–0129. The Service SPECIFICATIONS FOR ELEPHANTS AND may not conduct or sponsor and you UNGULATES are not required to respond to a collection of information unless it displays a 14.141 Consignment to carrier. 14.142 Primary enclosures. currently valid OMB control number. You can direct comments regarding SPECIFICATIONS FOR SLOTHS, BATS, AND these information collection require- FLYING LEMURS (CYNOCEPHALIDAE) ments to the Service’s Information 14.151 Primary enclosures. Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222–ARLSQ, SPECIFICATIONS FOR OTHER TERRESTRIAL 4401 North Fairfax Drive, Arlington, MAMMALS VA 22203 (mail) or (703) 358–2269 (fax). 14.161 Primary enclosures. [72 FR 45946, Aug. 16, 2007] 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 Subpart K—Captive Wildlife Safety Act in part 10 of this subchapter, in this 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 in these regulations? Accredited scientist means any indi- 14.254 What are the requirements contained vidual associated with, employed by, or in these regulations? under contract to and accredited by an 14.255 Are there any exemptions to the re- accredited scientific institution for the strictions contained in these regula- purpose of conducting biological or tions? medical research, and whose research AUTHORITY: 16 U.S.C. 668, 704, 712, 1382, activities are approved and sponsored 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and by the scientific institution granting 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701. accreditation.

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Accredited scientific institutions means Insects: Crickets, mealworms, honey- any public museum, public zoological bees (not to include Africanized vari- park, accredited institution of higher eties), and similar insects that are rou- education, accredited member of the tinely farm raised. American Zoo and Aquarium Associa- Other Invertebrates: Earthworms and tion, accredited member of the Amer- similar invertebrates that are rou- ican Association of Systematic Collec- tinely farm raised. tions, or any State or Federal govern- Export means to depart from, to send ment agency that conducts biological from, to ship from, or to carry out of, or medical research. or attempt to depart from, to send Commercial means related to the of- from, to ship from, or to carry out of, fering for sale or resale, purchase, trade, barter, or the actual or intended or to consign to a carrier in any place transfer in the pursuit of gain or profit, subject to the jurisdiction of the of any item of wildlife and includes the United States with an intended des- use of any wildlife article as an exhibit tination of any place not subject to the for the purpose of soliciting sales, jurisdiction of the United States, without regard to quantity or weight. whether or not such departure, send- There is a presumption that eight or ing, or carrying, or shipping con- more similar unused items are for com- stitutes an exportation within the mercial use. The Service or the im- meaning of the Custom laws of the porter/exporter/owner may rebut this United States. When a passenger leav- presumption based upon the particular ing the jurisdiction of the United facts and circumstances of each case. States enters the designated inter- Domesticated animals includes, but is national area of embarkation of an air- not limited to, the following domes- port, all accompanying personal hand- ticated animals that are exempted carried items and checked baggage will from the requirements of this sub- be regarded as exports. chapter B (except for species obtained Import means to land on, bring into, from wild populations). or introduce into, or attempt to land Mammals: Alpaca—Lama alpaca; on, bring into, or introduce into any Camel—Camelus dromedarius; Camel place subject to the jurisdiction of the (Boghdi)—Camelus bactrianus; Cat (do- United States, whether or not such mestic)—Felis domesticus; Cattle—Bos landing, bringing, or introduction con- taurus; Dog (domestic)—Canis familiaris; European rabbit—Ortyctolagus stitutes an importation within the cuniculus; Ferret (domestic)—Mustela meaning of the tariff laws of the putorius; Goat—Capra hircus; Horse— United States. Equus caballus; Llama—Lama glama; We means Fish and Wildlife Service Pig—Sus scrofa; Sheep—Ovis aries; or Service. Water buffalo—Bubalus bubalus; White You means licensee, or importer/ex- lab mice—Mus musculus; White lab porter of record. rate—Rattus norvegicus. [61 FR 31868, June 21, 1996, as amended at 64 Fish (For export purposes only): Carp FR 23025, Apr. 29, 1999] (koi)—Cyprinus carpio; Goldfish— 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- dian Runner; Campbell; Duclair; [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. Merchtem; Termonde; Magpie; Chinese; 1, 1980] Khaki Campbell.

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§ 14.12 Designated ports. Customs port wildlife products or man- The following ports of entry are des- ufactured articles that are not in- ignated for the importation and expor- tended for commercial use and are used tation of wildlife and wildlife products as clothing or contained in accom- and are referred to hereafter as ‘‘des- panying personal baggage. However, ignated ports’’: this exception to the designated port (a) Anchorage, Alaska. requirement does not apply to any raw (b) Atlanta, Georgia. or dressed fur; raw, salted, or crusted (c) Baltimore, Maryland. hide or skin; game trophy; or to wild- (d) Boston, Massachusetts. life requiring a permit pursuant to part (e) Chicago, Illinois. 16, 17, 18, 21, or 23 of this subchapter B. (f) Dallas/Fort Worth, Texas. (b) Wildlife products or manufactured (g) Honolulu, Hawaii. articles, including mounted game tro- (h) Houston, Texas. phies or tanned hides, which are not in- (i) Los Angeles, California. tended for sale and are part of a ship- (j) Louisville, Kentucky. ment of the household effects of per- (k) Memphis, Tennessee. sons moving their residence to or from (l) Miami, Florida. the United States may be imported or (m) New Orleans, Louisiana. exported at any Customs port of entry. (n) New York, New York. However, this exception to the des- (o) Portland, Oregon. ignated port requirement does not (p) San Francisco, California. apply to any raw fur; raw, salted, or (q) Seattle, Washington. crusted hide or skin; or to wildlife requiring a permit pursuant to part 16, [69 FR 70382, Dec. 6, 2004] 17, 18, 21, or 23 of this subchapter B. § 14.13 Emergency diversion. [45 FR 56673, Aug. 25, 1980, as amended at 61 Wildlife which has been imported FR 31868, June 21, 1996] into the United States at any port or place other than a designated port sole- § 14.16 Border ports. ly as a result of a diversion due to an (a) Except for wildlife requiring a aircraft or vessel emergency must pro- permit pursuant to part 16, 17, 18, 21, or ceed as an in-transit shipment under 23 of this subchapter B, wildlife whose Customs bond to a designated port, or country of origin is Canada or the to any port where a permit or other United States may be imported or ex- provision of this part provides for law- ported at any of the following Customs ful importation. ports of entry: (1) Alaska—Alcan; § 14.14 In-transit shipments. (2) Idaho—Eastport; (a) Wildlife destined for a point with- (3) Maine—Calais, Houlton, Jackman; in the United States may be imported (4) Massachusetts—Boston; into the United States at any port if (5) Michigan—Detroit, Port Huron, such wildlife proceeds as an in-transit Sault Sainte Marie; shipment under Customs bond to a des- (6) Minnesota—Grand Portage, Inter- ignated port, or to any port where a national Falls, Minneapolis-St. Paul; permit or other provision of this part (7) Montana—Raymond, Sweetgrass; provides for lawful importation. (b) Wildlife moving in-transit (8) New York—Buffalo-Niagara Falls, through the United States from one Champlain; foreign country to another foreign (9) North Dakota—Dunseith, country is exempt from the designated Pembina, Portal; port requirements of this part, if such (10) Ohio—Cleveland; wildlife is not unloaded within the (11) Vermont—Derby Line, Highgate United States. Springs; and (12) Washington—Blaine, Sumas. § 14.15 Personal baggage and house- (b) Except for wildlife requiring a hold effects. permit pursuant to part 16, 17, 18, 21, or (a) Any person may import into or 23 of this subchapter B, wildlife whose export from the United States at any country of origin is Mexico or the

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United States may be imported or ex- (2) Puerto Rico—San Juan; and ported at any of the following Customs (3) Virgin Islands—San Juan, Puerto ports of entry: Rico. (1) Arizona—Lukeville, Nogales; (c) Except for wildlife requiring a (2) California—Calexico, San Diego- permit pursuant to part 16, 17, 18, 21, or San Ysidro; and 23 of this subchapter B, wildlife which (3) Texas—Brownsville, El Paso, La- has a final destination of Guam or redo. which originates in Guam may be im- (c) Except for wildlife requiring a ported or exported, as appropriate, permit pursuant to part 16, 17, 18, or 21 through the port of Agana, Guam. of this subchapter B, wildlife lawfully taken by U.S. residents in the United § 14.20 Exceptions by permit. States, Canada, or Mexico and im- Wildlife may be imported into or exported or exported for noncommercial ported from the United States at any purposes, may be imported or exported Customs port of entry designated in at any Customs port of entry. the terms of a valid permit issued pursuant to subpart C of this part. § 14.17 Personally owned pet birds. Any person may import a personally § 14.21 Shellfish and fishery products. owned pet bird at any port designated (a)(1) General. Except for wildlife re- under, and in accordance with, 9 CFR quiring a permit pursuant to part 17 or part 92. 23 of this subchapter, shellfish and fish- § 14.18 Marine mammals. ery products imported or exported for purposes of human or animal consump- Any person subject to the jurisdiction or taken in waters under the juris- tion of the United States who has law- diction of the United States or on the fully taken a marine mammal on the high seas for recreational purposes high seas and who is authorized to im- may enter or exit at any Customs port. port such marine mammal in accord- (2) Except for wildlife requiring a ance with the Marine Mammal Protec- permit pursuant to part 17 or part 23 of tion Act of 1972 and implementing reg- this subchapter, live aquatic inverte- ulations (50 CFR parts 18 and 216) may brates of the Class Pelecypoda (com- import such marine mammal at any monly known as oysters, clams, mus- port or place. sels, and scallops) and the eggs, larvae, or juvenile forms thereof may be ex- § 14.19 Special ports. ported for purposes of propagation, or (a) Except for wildlife requiring a research related to propagation, at any permit pursuant to part 16, 17, 18, 21, or Customs port. 23 of this subchapter B, wildlife which (b) Pearls. Except for wildlife requir- is imported for final destination in ing a permit pursuant to part 17 or 23 Alaska, Puerto Rico, or the Virgin Is- of this subchapter, pearls imported or lands, may be imported through those exported for commercial purposes may 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

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tooth of any marine mammal of the portation, a series of importations or order Cetacea) that is at least 100 years exportations, or importation or expor- old, is composed in whole or in part of tation during a specified period of any endangered or threatened species time. listed under § 17.11 or § 17.12 of this sub- (b) Application procedure. Applica- chapter, and has not been repaired or tions for permits to import or export modified with any part of any endan- wildlife at a nondesignated port for sci- gered or threatened species on or after entific purposes must be submitted to December 28, 1973. the Director. Each application must [61 FR 31868, June 21, 1996] contain the general information and certification required by § 13.12(a) of § 14.23 Live farm-raised fish and farm- this subchapter, plus the following ad- raised fish eggs. ditional information: Live farm-raised fish and farm-raised (1) The scientific purpose or uses of fish eggs meet the definition of ‘‘bred the wildlife to be imported or exported; in captivity’’ as stated in 50 CFR 17.3. (2) The number and kinds of wildlife Except for wildlife requiring a permit described by scientific and common pursuant to parts 17 or 23 of this sub- names to be imported or exported chapter, live farm-raised fish and farm- where such number and kinds can be raised fish eggs may be exported from determined; any U.S. Customs port. (3) The country or place in which the wildlife was removed from the wild (if [59 FR 41714, Aug. 15, 1994] known), or where born in captivity; § 14.24 Scientific specimens. (4) The port(s) of entry where importation or exportation is requested, and Except for wildlife requiring a permit the reasons why importation or expor- pursuant to parts 16, 17, 18, 21, 22 or 23 tation should be allowed at the re- of this subchapter, dead, preserved, quested port(s) of entry rather than at dried, or embedded scientific specimens a designated port; and or parts thereof, imported or exported (5) A statement as to whether the ex- by accredited scientists or accredited ception is being requested for a single scientific institutions for taxonomic or shipment, a series of shipments, or systematic research purposes may shipments over a specified period of enter or exit through any U.S. Customs time and the date(s) involved. port, or may be shipped through the (c) Additional permit conditions. In ad- international mail system. Provided, dition to the general conditions set that this exception will not apply to forth in part 13 of this subchapter B, any specimens or parts thereof taken permits to import or export wildlife at as a result of sport hunting. a nondesignated port issued under this [61 FR 31869, June 21, 1996] section are subject to the following condition: Permittee shall file such re- Subpart C—Designated Port ports as specified on the permit, if any. Exception Permits (d) Issuance criteria. The Director shall consider the following in deter- § 14.31 Permits to import or export mining whether to issue a permit under wildlife at nondesignated port for this section: scientific purposes. (1) Benefit to a bona fide scientific re- (a) General. The Director may, upon search project, other scientific pur- receipt of an application submitted in pose, or facilitation of the exchange of accordance with the provisions of this preserved museum specimens; section and §§ 13.11 and 13.12 of this sub- (2) The kind of wildlife involved and chapter, and in accordance with the its place of origin; issuance criteria of this section, issue a (3) The reasons why the exception is permit authorizing importation or ex- requested; and portation of wildlife for scientific pur- (4) Availability of a Service officer. poses at one or more named Customs (e) Duration of permits. Any permit port(s) of entry not otherwise author- issued under this section expires on the ized by subpart B. Such permits may date designated on the face of the per- authorize a single importation or ex- mit. In no case will the permit be valid

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for more than 2 years from the date of section are to be subject to the fol- issuance. lowing conditions: (1) Permittee shall file such reports § 14.32 Permits to import or export as may be specified on the permit, if wildlife at nondesignated port to any; and minimize deterioration or loss. (2) Permittee must pay fees in ac- (a) General. The Director may, upon cordance with § 14.94. receipt of an application submitted in (d) Issuance criteria. The Director accordance with the provisions of this shall consider the following in deter- section and §§ 13.11 and 13.12 of this sub- mining whether to issue a permit under chapter, and in accordance with the this section: issuance criteria of this section, issue a (1) Likelihood of a substantial dete- permit authorizing importation or ex- rioration or loss of the wildlife in- portation of wildlife, in order to mini- volved; mize deterioration or loss, at one or (2) The kind of wildlife involved and more named Customs port(s) of entry its place of origin; and not otherwise authorized by subpart B. (3) Availability of a Service officer. Such permits may authorize a single (e) Duration of permits. Any permit importation or exportation, a series of issued under this section expires on the importations or exportations, or im- date designated on the face of the per- portation or exportation during a spec- mit. In no case will the permit be valid ified period of time. more than 2 years from the date of (b) Application procedure. Applica- issuance. tions for permits to import or export [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. wildlife at a nondesignated port to 1, 1980, as amended at 61 FR 31869, June 21, minimize deterioration or loss must be 1996] submitted to the Director. Each application must contain the general infor- § 14.33 Permits to import or export mation and certification required in wildlife at nondesignated port to al- § 13.12(a) of this subchapter, plus the leviate undue economic hardship. following additional information: (a) General. The Director may, upon (1) The number and kinds of wildlife receipt of an application submitted in described by scientific and common accordance with the provisions of this names to be imported or exported section and §§ 13.11 and 13.12 of this sub- where such number and kinds can be chapter, and in accordance with the determined; issuance criteria of this section, issue a (2) The country or place in which the permit authorizing importation or ex- wildlife was removed from the wild (if portation of wildlife in order to allevi- known), or where born in captivity; ate undue economic hardship at one or (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

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determined, and a description of the date designated on the face of the perform in which it is to be imported, such mit. In no case will the permit be valid as ‘‘live,’’ ‘‘frozen,’’ ‘‘raw hides,’’ or a for more than 2 years from the date of full description of any manufactured issuance. product; [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. (2) The country or place in which the 1, 1980, as amended at 61 FR 31869, June 21, wildlife was removed from the wild (if 1996] known), or where born in captivity; (3) The name and address of the sup- Subpart D [Reserved] plier or consignee; (4) The port(s) of entry where importation or exportation is requested, and Subpart E—Inspection and the reasons why importation or expor- Clearance of Wildlife tation should be allowed at the re- § 14.51 Inspection of wildlife. quested port(s) of entry rather than at a designated port (information must be Subject to applicable limitations of included to show the monetary dif- law, Service officers and Customs offi- ference between the cost of importa- cers may detain for inspection and in- tion or exportation at the port respect any package, crate, or other con- quested and the lowest cost of importa- tainer, including its contents, and all tion or exportation at the port through accompanying documents, upon impor- which importation or exportation is tation or exportation. The Director authorized by subpart B without a per- may charge reasonable fees, including mit); and salary, overtime, transportation and (5) A statement as to whether the ex- per diem of Service officers, for wildlife ception is being requested for a single import or export inspections specially shipment, a series of shipments, or requested by the importer or exporter shipments over a specified period of at times other than regular work hours time and the date(s) involved. or locations other than usual for such (c) Additional permit conditions. In ad- inspections at the port. dition to the general conditions set [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. forth in part 13 of this subchapter B, 1, 1980, as amended at 50 FR 52889, Dec. 26, permits to import or export wildlife at 1985] a nondesignated port issued under this section are subject to the following § 14.52 Clearance of imported wildlife. conditions: (a) Except as otherwise provided by (1) Permittee shall file such reports this subpart, a Service officer must as specified on the permit, if any; and clear all wildlife imported into the (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

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of this part. An importer/exporter must may refuse clearance of imported wild- return forthwith any wildlife released life when there are responsible grounds without a Service officer’s clearance or to believe that: clearance by Customs for the Service (1) A Federal law or regulation has under authority of § 14.54 to a port been violated; where clearance may be obtained pur- (2) The correct identity and country suant to this subpart. of origin of the wildlife has not been es- (c) To obtain clearance, the importer, tablished (in such cases, the burden is exporter, or the importer’s or export- upon the owner, importer, exporter, er’s agent will make available to a consignor, or consignee to establish Service officer or a Customs officer such identity by scientific name to the acting under § 14.54: species level or, if any subspecies is (1) All shipping documents (including protected by the laws of this country bills of lading, waybills and packing or the country of origin to the sub- lists or invoices); species level); (2) All permits, licenses or other doc- (3) Any permit, license, or other documents required by the laws or regula- umentation required for clearance of tions of the United States; such wildlife is not available, is not (3) All permits or other documents currently valid, has been suspended or required by the laws or regulations of revoked, or is not authentic; any foreign country; (4) The importer, exporter, or the im- (4) The wildlife being imported or exporter’s or exporter’s agent has filed an ported; and incorrect or incomplete declaration for (5) Any documents and permits re- importation or exportation as provided quired by the country of export or re- in § 14.61 or § 14.63; or export for the wildlife. (5) The importer, exporter, or the im- [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. porter’s or exporter’s agent has not 1, 1980, as amended at 50 FR 52889, Dec. 26, paid any fee or portion of balance due 1985; 61 FR 31869, June 21, 1996] for inspection fees required by § 14.93 or § 14.94, or penalties assessed against the § 14.53 Detention and refusal of clearance. importer or exporter under 50 CFR part 11. This paragraph does not apply to (a) Detention. Any Service officer, or penalty assessments on appeal in ac- Customs officer acting under § 14.54, cordance with the provisions of part 11. may detain imported or exported wildlife and any associated property. As [61 FR 31869, June 21, 1996] soon as practicable following the importation or exportation and decision § 14.54 Unavailability of Service offi- to detain, the Service will mail a no- cers. tice of detention by registered or cer- (a) Designated ports. All wildlife arriv- tified mail, return receipt requested, to ing at a designated port must be the importer or consignee, or exporter, cleared by a Service officer prior to if known or easily ascertainable. Such Customs clearance and release. When notice must describe the detained wild- importers or their agents expect live or life or other property, indicate the rea- perishable shipments of wildlife or son for the detention, describe the gen- wildlife products or request inspection eral nature of the tests or inquiries to at the time of arrival, they must notify be conducted, and indicate that if the the Service at least 48 hours prior to releasability of the wildlife has not the estimated time of arrival. However, been determined within 30 days after where a Service officer is not available the date of the notice, or a longer pe- within a reasonable time, Customs Of- riod if specifically stated, that the ficers may clear live or perishable wild- Service will deem the wildlife to be life subject to post-clearance inspec- seized and will issue no further notifi- tion and investigation by the Service. cation of seizure. (b) Border and special ports. Wildlife (b) Refusal of clearance. Any Service lawfully imported at Canadian or Mexi- officer may refuse clearance of im- can border ports under § 14.16, or into ported or exported wildlife and any Alaska, Puerto Rico, or the Virgin Is- Customs officer acting under § 14.54 lands, under § 14.19, may, if a Service

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officer is not available within a reason- (d) Dead, preserved, dried, or embed- able time, be cleared by Customs offi- ded scientific specimens or parts there- cers, subject to post-clearance inspec- of, imported or exported by accredited tion and investigation by the Service. scientists or accredited scientific insti- (c) Permit imports. Wildlife imported tutions for taxonomic or systematic re- at a nondesignated port in accordance search purposes. Except: That this ex- with the terms of a valid permit issued ception will not apply to any speci- under subpart C of this part, may, if a mens or parts thereof taken as a result Service officer is not available within a of sport hunting. reasonable time, be cleared by Customs [45 FR 56673, Aug. 25, 1980, as amended at 61 officers, subject to post-clearance in- FR 31869, June 21, 1996] spection and investigation by the Serv- ice. Subpart F—Wildlife Declarations (d) Personal baggage and household effects. Wildlife lawfully imported at any § 14.61 Import declaration require- port of entry under § 14.15, may, if a ments. Service officer is not available within a Except as otherwise provided by the reasonable time, be cleared by Customs regulations of this subpart, importers officers, subject to post-clearance in- or their agents must file with the Serv- spection and investigation by the Serv- ice a completed Declaration for Impor- ice. tation or Exportation of Fish or Wild- (e) Personally owned pet birds. Person- life (Form 3–177), signed by the im- ally owned pet birds lawfully imported porter or the importer’s agent, upon at a port of entry under § 14.17, may, if the importation of any wildlife at the a Service officer is not available within place where Service clearance under a reasonable time, be cleared by Cus- § 14.52 is requested. However, wildlife toms officers, subject to post-clearance may be transshipped under bond to a inspection and investigation by the different port for release from custody Service. by Customs Service officers under 19 (f) Exports. Exporters or their agents U.S.C. 1499. For certain antique arti- must notify the Service and make the cles as specified in § 14.22, importers or shipment available for inspection at their agents must file a Form 3–177 least 48 hours prior to the estimated with the District Director of Customs time of exportation of any wildlife. at the port of entry prior to release [45 FR 56673, Aug. 25, 1980, as amended at 61 from Customs custody. Importers or FR 31869, June 21, 1996] their agents must furnish all applicable information requested on the Form 3– § 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 (a) Except for wildlife requiring a the jurisdiction of the United States or permit pursuant to part 17 or 23 of this on the high seas for recreational pur- subchapter B, an importer or his/her poses; agent does not have to file a Declara- (b) Marine mammals lawfully taken tion for Importation or Exportation of on the high seas by United States resi- Fish or Wildlife (Form 3–177) for impor- dents and imported directly into the tation of shellfish and fishery products United States; and imported for purposes of human or ani- (c) Certain antique articles as speci- mal consumption, or taken in waters fied in § 14.22 which have been released under the jurisdiction of the United from custody by Customs officers States or on the high seas for rec- under 19 U.S.C. 1499. reational purposes;

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(b) Except for wildlife requiring a tions for taxonomic or systematic re- permit pursuant to part 16, 17, 18, 21, or search purposes. An importer or his/her 23 of this subchapter B, a Declaration agent must file a Form 3–177 within 180 for Importation or Exportation of Fish days of importation with the appro- or Wildlife (Form 3–177) does not have priate Assistant Regional Director— to be filed for importation of the fol- Law Enforcement in the Region where lowing: the importation occurs. The declara- (1) Fish taken for recreational pur- tion must identify the specimens to the poses in Canada or Mexico; most accurate taxonomic classification (2) Wildlife products or manufactured reasonably practicable using the best articles that are not intended for com- available taxonomic information, and mercial use and are used as clothing or must declare the country of origin. Ex- contained in accompanying personal cept: That this exception will not apply baggage, except that an importer or to any specimens or parts thereof his/her agent must file a Form 3–177 for taken as a result of sport hunting. raw or dressed furs; for raw, salted, or [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. crusted hides or skins; and for game or 1, 1980, as amended at 61 FR 31870, June 21, game trophies; and 1996] (3) Wildlife products or manufactured articles that are not intended for com- § 14.63 Export declaration require- mercial use and are a part of a shipments. ment of the household effects of per- Except as otherwise provided by the sons moving their residence to the regulations of this subpart, a com- United States, except that an importer pleted Declaration for Importation or or his/her agent must file a declaration Exportation of Fish or Wildlife (Form for raw or dressed furs and for raw, 3–177) signed by the exporter, or the ex- salted, or crusted hides or skins. porter’s agent, shall be filed with the (c) General declarations for certain Service prior to the export of any wild- specimens. Notwithstanding the provi- life at the port of exportation as au- sions of 14.61 and except for wildlife in- thorized in subpart B of this part. All cluded in paragraph (d) of this section, applicable information requested on an importer or his/her agent may de- the Form 3–177 shall be furnished, and scribe in general terms on a Declara- the exporter or the exporter’s agent tion for the Importation or Expor- shall certify that the information fur- tation of Fish or Wildlife (Form 3–177) nished is true and complete to the best scientific specimens imported for sci- of his/her knowledge and belief. entific institutions for taxonomic, systematic research, or faunal survey pur- § 14.64 Exceptions to export declara- poses. An importer or his/her agent tion requirements. must file an amended Form 3–177 with- (a) Except for wildlife requiring a in 180 days after filing of the general permit pursuant to part 17 or 23 of this declaration with the Service. The dec- subchapter B, an exporter or his/her laration must identify specimens to agent does not have to file a Declara- the most accurate taxonomic classi- tion for Importation or Exportation of fication reasonably practicable using Fish or Wildlife (Form 3–177) for the ex- the best available taxonomic informa- portation of shellfish and fishery prod- tion. The Director may grant exten- ucts exported for purposes of human or sions of the 180-day period. animal consumption or taken in waters (d) Except for wildlife requiring a under the jurisdiction of the United permit pursuant to part 16, 17, 18, 21, 22 States or on the high seas for rec- or 23 of this subchapter, an importer or reational purposes, and does not have his/her agent does not have to file a to file for the exportation of live Declaration for the Importation or Ex- aquatic invertebrates of the Class portation of Fish or Wildlife (Form 3– Pelecypoda (commonly known as oys- 177) at the time of importation for ters, claims, mussels, and scallops) and shipments of dead, preserved, dried, or the eggs, larvae, or juvenile forms embedded scientific specimens or parts thereof exported for purposes of propa- thereof, imported by accredited sci- gation, or research related to propaga- entists or accredited scientific institution.

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(b) Except for wildlife requiring a § 14.81 Marking requirement. permit pursuant to part 16, 17, 18, 21, or Except as otherwise provided in this 23 of this subchapter B, a Declaration subpart, no person may import, export, for the Importation or Exportation of or transport in interstate commerce Fish or Wildlife (Form 3–177) does not any container or package containing have to be filed for the exportation of any fish or wildlife (including shellfish the following: and fishery products) unless he/she (1) Wildlife that is not intended for marks each container or package con- commercial use where the value of spicuously on the outside with both the such wildlife is under $250; name and address of the shipper and (2) Wildlife products or manufactured consignee. An accurate and legible list articles, including game trophies, that of its contents by species scientific are not intended for commercial use name and the number of each species and are used as clothing or contained and whether or not the listed species in accompanying personal baggage or are venomous must accompany the en- are part of a shipment of the household tire shipment. effects of persons moving their resi- [61 FR 31870, June 21, 1996] dence from the United States; and (3) Shipments of dead, preserved, § 14.82 Alternatives and exceptions to dried, or embedded scientific specimens the marking requirement. or parts thereof, exported by accredited (a) The requirements of § 14.81 may be scientists or accredited scientific insti- met by complying with one of the fol- tutions for taxonomic or systematic re- lowing alternatives to the marking research purposes. An exporter or his/her quirement: agent must file a Form 3–177 within 180 (1)(i) Conspicuously marking the out- days of exportation with the appro- side of each container or package con- priate Assistant Regional Director— taining fish or wildlife with the word Law Enforcement in the Region where ‘‘fish’’ or ‘‘wildlife’’ as appropriate for the exportation occurs. The declara- its contents, or with the common name tion must identify the specimens to the of its contents by species, and most accurate taxonomic classification (ii) Including an invoice, packing reasonably practicable using the best list, bill of lading, or similar document available taxonomic information, and to accompany the shipment which accurately states the name and address 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, or equivalent document must be se- 1996] curely attached to the outside of one container or package in the shipment Subpart G [Reserved] or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection; or Subpart H—Marking of Containers (2) Affixing the shipper’s wildlife im- or Packages port/export license number preceded by the three letters ‘‘FWS’’ on the outside SOURCE: 52 FR 45341, Nov. 27, 1987, unless of each container or package con- otherwise noted. taining fish or wildlife, if the shipper

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has valid wildlife import/export license long as the fish or shellfish remain at issued under authority of 50 CFR part the place where first offloaded. 14. For each shipment marked in ac- (Approved by the Office of Management and cordance with this paragraph, the Budget under control number 1018–0022) records maintained under § 14.93(c) must include a copy of the invoice, [52 FR 45341, Nov. 27, 1987, as amended at 61 packing list, bill of lading, or other FR 31871, June 21, 1996] similar document that accurately states the information required by Subpart I—Import/Export Licenses paragraph (a)(1)(ii) of this section. and Inspection Fees (3) In the case of subcontainers or packages within a larger packing con- SOURCE: 73 FR 74628, Dec. 9, 2008, unless tainer, only the outermost container otherwise noted. must be marked in accordance with this section. Except, that for live fish or § 14.91 When do I need an import/ex- wildlife that are packed in subcon- port license? tainers within a larger packing con- (a) The Endangered Species Act (16 tainer, if the subcontainers are num- U.S.C. 1538(d)(1)) makes it unlawful for bered or labeled, the packing list, in- any person to engage in business as an voice, bill or lading, or other similar importer or exporter of certain fish or document, must reflect that number or wildlife without first having obtained label. However, each subcontainer con- permission from the Secretary. For the taining a venomous species must be purposes of this subchapter, engage in clearly marked as venomous. business means to import or export (4) A conveyance (truck, plane, boat, wildlife for commercial purposes. etc.) is not considered a container for (b) Except as provided in § 14.92, if purposes of requiring specific marking you engage in the business of import- of the conveyance itself, provided that: ing or exporting wildlife for commer- (i) The fish or wildlife within the con- cial purposes (see § 14.4), you must ob- veyance is carried loosely or is readily tain an import/export license prior to identifiable, and is accompanied by the importing or exporting your wildlife document required by paragraph shipment. (a)(1)(ii) of this section, or (c) The following table includes some (ii) The fish or wildlife is otherwise examples of when an import/export li- packaged and marked in accordance cense is required: with this subpart. . . . do I need an (b) The requirements of § 14.81 do not If I import into the United States or ex- import/export apply to containers or packages con- port from the United States license? taining— (1) Wildlife in the form of products such Yes. (1) Fox, nutria, rabbit, mink, chin- as garments, bags, shoes, boots, jew- chilla, marten, fisher, muskrat, and elry, rugs, trophies, or curios for com- karakul that have been bred and born mercial purposes. (2) Wildlife in the form of hides, furs, or Yes. in captivity, or their products, if a skins for commercial purposes. signed statement certifying that the (3) Wildlife in the form of food for com- Yes. animals were bred and born in cap- mercial purposes. (4) As an animal dealer, animal broker, Yes. tivity accompanies the shipping docu- pet dealer, or pet or laboratory sup- ments; plier. (2) Fish or shellfish contained in re- (5) As an individual owner of a person- No. ally owned live wildlife pet for personal tail consumer packages labeled pursu- use. ant to the Food, Drug and Cosmetic (6) As a collector or hobbyist for per- No. Act, 21 U.S.C. 301 et seq.; or sonal use. (3) Fish or shellfish that are landed (7) As a collector or hobbyist for com- Yes. mercial purposes, including sale, trade by, and offloaded from, a fishing vessel or barter. (whether or not the catch has been car- (8) As a laboratory researcher or bio- Yes. ried by the fishing vessel interstate), as medical supplier for commercial purposes.

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purposes of propagation or research re- If I import into the United States or ex- . . . do I need an import/export lated to propagation; and port from the United States license? (4) Pearls that do not require a per- (9) As a customs broker or freight for- No. mit under parts 16, 17, or 23 of this sub- warder engaged in business as a dis- patcher, handler, consolidator, or chapter. transporter of wildlife or if I file docu- (b) Certain persons. (1) The following ments with the Service on behalf of persons may import or export wildlife others. (10) As a common carrier engaged in No. without obtaining an import/export li- business as a transporter of wildlife. cense, provided that these persons keep (11) As a taxidermist, outfitter, or guide Yes. records that will fully and correctly de- importing or exporting my own hunting scribe each importation or exportation trophies for commercial purposes. (12) As a taxidermist, outfitter, or guide No. of wildlife made by them and the subse- transporting or shipping hunting tro- quent disposition made by them with phies for clients or customers. respect to the wildlife. (13) As a U.S. taxidermist receiving a No. U.S. client’s personal hunting trophies (i) Public museums, or other public, after import clearance for processing. scientific, or educational institutions, (14) As a U.S. taxidermist importing wild- Yes. importing or exporting wildlife for life from or exporting wildlife to foreign owners who are requesting my serv- noncommercial research or educational ices. purposes; and (15) As a foreign owner of wildlife ex- No. (ii) Federal, State, tribal, or munic- porting my personal hunting trophies from the United States to my home. ipal agencies. (16) As a circus for exhibition or resale Yes. (2) Subject to applicable limitations purposes. of law, duly authorized Service officers (17) As a Federal, State, municipal, or No. tribal agency. at all reasonable times will, upon no- (18) As a public museum, or public sci- No. tice, be given access to these persons’ entific or educational institution for places of business, an opportunity to noncommercial research or educational purposes. examine their inventory of imported wildlife or the wildlife to be exported, the records described in paragraph (1) § 14.92 What are the exemptions to the import/export license requirement? of this section, and an opportunity to copy those records. (a) Certain wildlife. Any person may engage in business as an importer or § 14.93 How do I apply for an import/ exporter of the following types of wild- export license? life without obtaining an import/export (a) Application form. You must submit license: a completed FWS Form 3–200–3, includ- (1) Shellfish (see § 10.12 of this chapter) and nonliving fishery products ing the certification found on the form that do not require a permit under and in § 13.12(a) of this subchapter, to parts 16, 17, or 23 of this subchapter, the appropriate regional Special Agent and are imported or exported for pur- in Charge under the provisions of this poses of human or animal consumption subpart and part 13 of this subchapter. 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

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will receive all official notices the wildlife. An import/export license is in Service sends; addition to, and does not supersede, (4) You must keep, in a U.S. location, any other license, permit, or require- the following records that completely ment established by Federal, State, or and correctly describe each import or tribal law for the import or export of export of wildlife that you made under wildlife. the import/export license and, if appli- (c) Duration of import/export license. cable, any subsequent disposition that Any import/export license issued under you made of the wildlife, for a period of this section expires on the date shown 5 years: on the face of the import/export li- (i) A general description of the wild- cense. In no case will the import/export life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur license be valid for more than 1 year garments,’’ ‘‘leather goods,’’ ‘‘foot- after the date of issuance. wear,’’ or ‘‘jewelry’’; (d) Issuance, denial, suspension, rev- (ii) The quantity of the wildlife, in ocation, or renewal of import/export li- numbers, weight, or other appropriate cense. We may deny, suspend, revoke, measure; restrict, or deny renewal of an import/ (iii) The common and scientific export license to any person named as names of the wildlife; the holder, or a principal officer or (iv) The country of origin of the wild- agent of the holder, under any of the life, if known, as defined in § 10.12 of criteria described in part 13 of this this subchapter; chapter or under the following criteria: (v) The date and place the wildlife (1) Failure to pay fees, penalties, or was imported or exported; costs required by this part; (vi) The date of the subsequent dis- (2) You repeatedly fail to notify our position, if applicable, of the wildlife Service officers at the appropriate port and the manner of the subsequent dis- at least 48 hours prior to the estimated position, whether by sale, barter, con- time of arrival of a live or perishable signment, loan, delivery, destruction, wildlife shipment under § 14.54(a) or at or other means; least 48 hours prior to the estimated (vii) The name, address, telephone, time of exportation of any wildlife and e-mail address, if known, of the under § 14.54(f); person or business who received the (3) You repeatedly import or export wildlife; certain types of wildlife without meet- (viii) Copies of all permits required ing the requirements of this part or by the laws and regulations of the other applicable parts of this sub- United States; and chapter. (ix) Copies of all permits required by the laws of any country of export, re- § 14.94 What fees apply to me? export, or origin of the wildlife. (a) Import/export license application (5) You must, upon notice, provide fees. You must pay the application and authorized Service officers with access amendment fees, as defined in 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 with- this section, an import/export license in 30 days of receiving a written re- holder must pay a base inspection fee, quest from us; and as defined in § 14.94(h)(1), for each wild- (7) An import/export license gives life shipment imported or exported at a you general permission to engage in designated port or a port acting as a business as an importer or exporter of designated port. You can find a list of

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

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applicable base and premium fees will inspections outside normal working apply to each shipment. hours, except for inspections performed (6) We will charge 1 hour of time at on a Federal holiday. 11⁄2 times the hourly labor rate for in- (8) We will charge a minimum of 2 spections beginning less than 1 hour hours of time at an hourly rate of 2 before normal working hours. times the average hourly labor rate for (7) We will charge a minimum of 2 inspections performed on a Federal hours of time at an hourly rate of 11⁄2 holiday. times the average hourly labor rate for (h) Fee schedule.

Fee cost per shipment per year

Inspection fee schedule 2012 and 2008 2009 2010 2011 beyond

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

(i) The Service will not refund any (i) The wildlife is a raw fur; raw, salt- fee or any portion of any license or ined, or crusted hide or skin; or a sepa- spection fee or excuse payment of any rate fur or skin part, lawfully taken fee because importation, exportation, from the wild in the United States, or clearance of a wildlife shipment is Canada, or Mexico that does not re- refused for any reason. quire permits under parts 17, 18, or 23 of (j) All base inspection fees, premium this chapter; and inspection fees, and overtime fees will (ii) You, as the importer or exporter, apply regardless of whether or not a or a member of your immediate family, physical inspection of your wildlife such as your spouse, parents, siblings, shipment is performed, and no fees will and children, took the wildlife from be prorated except as provided in para- the wild and are shipping the wildlife graphs (e) and (g)(5) of this section. between the United States and Canada (k) Exemptions to inspection fees—(1) or Mexico; and Certain North American-origin wild mam- (iii) You have not previously bought mal furs or skins. Wildlife shipments or sold the wildlife described in para- that meet all of the following criteria graph (k)(1)(i) of this section, and the are exempt from the designated port shipment does not exceed 100 raw furs; base inspection fee (however, these raw, salted, or crusted hides or skins; shipments are not exempt from the designated port overtime fees or the or fur or skin parts; and import/export license application fee):

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(iv) You certify on Form 3–177, Dec- pose including exhibition and for any laration for Importation or Expor- person, including itself. tation of Fish or Wildlife, that your Communicable disease means any con- shipment meets all the criteria in this tagious, infectious, or transmissible section. disease of wild mammals or birds. (2) You do not have to pay base in- Conveyance means any vehicle, ves- spection fees, premium inspection fees, sel, or aircraft employed to transport or overtime fees if you are importing an animal between its origin and des- or exporting wildlife that is exempt tination. from import/export license require- Do not tip means do not excessively ments as defined in § 14.92(a) or you are rock or otherwise move from a vertical importing or exporting wildlife as a to a slanting position, knock over, or government agency as defined in upset. § 14.92(b)(1)(ii). Handle means feed, manipulate, (3) You do not have to pay base in- crate, shift, transfer, immobilize, re- spection fees, premium inspection fees, strain, treat, or otherwise control the or overtime fees if you are importing movement or activities of any wild or exporting wildlife that meets the mammal or bird. criteria for ‘‘domesticated animals’’ as Holding area means a designated area defined in § 14.4. at or within a terminal facility that has been specially prepared to provide Subpart J—Standards for the Hu- shelter and other requirements of wild mane and Healthful Transport mammals or birds being transported to of Wild Mammals and Birds to the United States and in which such the United States mammals or birds are maintained prior to, during, or following such shipment.

SOURCE: 57 FR 27108, June 17, 1992, unless Kept clean means maintained free otherwise noted. from dirt, trash, refuse, excreta, remains from other cargo, and impurities § 14.101 Purposes. of any type. The purpose of this subpart is to pre- Marine mammal means an individual scribe requirements necessary to en- of a species of the orders Cetacea, sure that live wild mammals and birds Pinnipedia, or Sirenia, or a polar bear shipped to the United States arrive (Ursus maritimus) or sea otter (Enhydra alive, healthy, and uninjured, and that lutris). transportation of such animals occurs Noncompatible means not capable of under humane and healthful condi- existing together in harmony. tions. These regulations implement Nonhuman primate means any section 9(d) of the Lacey Act Amend- nonhuman member of the order Pri- ments of 1981. mates. Normal rigors of transportation means § 14.102 Definitions. the stress that a wild animal can be ex- In addition to the definitions con- pected to experience as a result of ex- tained in part 10 of subchapter B of this posure to unaccustomed surroundings, chapter, in this subpart— unfamiliar confinement, caging, unfa- Ambient air temperature means the miliar sounds, motion, and other condi- temperature of the air surrounding a tions commonly encountered during primary enclosure containing a wild transport. mammal or bird. Primary enclosure means any struc- Auxiliary ventilation means cooling or ture used to restrict a mammal or bird air circulation provided by such means to a limited amount of space, such as a as vents, fans, blowers, or air condi- cage, room, pen, run, stall, pool, or tioning. hutch. Carrier means any person operating Professionally accepted standards an airline, railroad, motor carrier, means a level of practice established as shipping line, or other enterprise en- acceptable by a body of qualified per- gaged in the business of transporting sons of the veterinary medical profes- any wild mammal or bird for any pur- sion.

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Psychological trauma means an epi- § 14.104 Translations. sode of exposure to stressful conditions Any certificate or document required resulting in significant behavioral ab- by this subpart to accompany a mam- normality including, but not limited mal or bird transported to the United to, manifestations of unaccustomed ag- States and written in a foreign lan- gressiveness, self-mutilation, or refusal guage must be accompanied by an ac- of food or water. curate English translation. Raptor means a live migratory bird of the order Falconiformes or the order § 14.105 Consignment to carrier. Strigiformes. Sanitize means to make physically (a) No carrier shall accept any live clean and, as far as possible, free of wild mammal or bird for transport to toxic or infectious agents injurious to the United States that has not been ex- the health of wild mammals or birds. amined within 10 days prior to commencement of transport to the United Scheduled departure time means the States by a veterinarian certified as time listed on a timetable of depar- qualified by the national government tures and arrivals or, in the absence of of the initial country from which the a timetable, the time of departure mammal or bird is being exported. If agreed to by a carrier and shipper. the national government of such coun- Shipper means any person, other than try does not certify veterinarians, then a carrier, involved in the transport of the veterinarian must be certified or li- wild animals to the United States re- censed by a local government author- gardless of the purpose of such trans- ity designated by the national govern- port; e.g., exporter, importer, or agent. ment as authorized to certify veteri- Terrestrial mammals means mammals narians. other than marine mammals. (b)(1) A certificate of veterinary med- Transport means to move, convey, ical inspection, signed by the exam- carry, or ship by any means, or to de- ining veterinarian, stating that the liver or receive for the purpose of animal has been examined, is healthy, movement, carriage, or shipment, by appears to be free of any communicable air, land, or sea. disease, and is able to withstand the Transporting device means any vehicle normal rigors of transport must ac- or device used to transport an animal company the mammal or bird; the cer- between a conveyance and a terminal tificate should include the veterinar- facility, in and around a terminal facil- ian’s license number, certification ity of a carrier, or within a convey- number, or equivalent. A mammal in ance. the last third of its pregnancy, if this Unweaned means a bird or mammal is detectable using professionally ac- incapable of feeding itself independ- cepted standards, shall not be accepted ently. for transport to the United States ex- Wild means the same as fish or wild- cept for medical treatment and unless life, as defined in § 10.12 of this chapter. the examining veterinarian certifies in writing that the animal has been exam- § 14.103 Prohibitions. ined, the state of pregnancy has been Unless the requirements of this sub- evaluated, and that, despite the med- part are fully satisfied and all other ical condition requiring treatment, the legal requirements are met, it is un- animal is physically able to withstand lawful for any person to transport to the normal rigors of transportation to the United States, cause to be trans- the United States. ported to the United States, or allow to (2) A nursing mother with young, an be transported to the United States unweaned mammal unaccompanied by any live wild mammal or bird. It shall its mother, or an unweaned bird shall be unlawful for any person to import, be transported only if the primary pur- to transport, or to cause or permit to pose is for needed medical treatment be transported to the United States and upon certification in writing by any wild mammal or bird under inhu- the examining veterinarian that the mane or unhealthful conditions or in treatment is necessary and the animal violation of this subpart J. is able to withstand the normal rigors

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of transport. Such an unweaned mam- this material at NARA, call 202–741– mal or bird shall not be transported to 6030, or go to: http://www.archives.gov/ the United States for medical treat- 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 shall be in possession of or have ready primary enclosure; access to all medications to be admin- (4) Access to the primary enclosure is istered during the transport. closed and secured with an animal- (d) No carrier shall accept any wild proof device designed to prevent acci- mammal or bird for transport to the dental opening and release of the mam- United States presented by the shipper mal or bird; less than 2 hours or more than 6 hours (5) The opening of the enclosure is prior to the scheduled departure of the easily accessible for either emergency conveyance on which it is to be trans- removal or inspection of the mammal ported. The carrier shall notify the or bird by authorized personnel with- crew of the presence of live animal out the risk of escape of the mammal shipments. or bird; (6) The enclosure has sufficient open- § 14.106 Primary enclosures. ings to ensure adequate circulation of No carrier shall accept for transport air at all times. to the United States any live wild (7) The material of which the pri- mammal or bird in a primary enclosure mary enclosure is constructed is not that does not conform to the following treated with any paint, preservative, or requirements: other chemical that is injurious or oth- (a) The Container Requirements of erwise harmful to the health or well- the Live Animal Regulations (LAR), being of mammals and birds. 20th edition, October 1, 1993, published (c) Unless the enclosure is perma- by the International Air Transport As- nently affixed in the conveyance or has sociation (IATA) shall be complied an open top for certain large mammals, with by all parties transporting wild spacer bars allowing circulation of air mammals or birds to the United around the enclosure shall be fitted to States. The incorporation by reference the exterior of its top, sides, and base. of the LAR was approved by the Direc- Spacer bars on an enclosure need ex- tor of the Federal Register in accord- tend no more than 6 inches (15 centi- ance with 5 U.S.C. 552(a) and 1 CFR meters) from the surface of the enclo- part 51. Copies may be obtained from sure. Within this 6 inch limit, the spac- IATA, 2000 Peel St., Montreal, Quebec, ers on an enclosure containing one ani- Canada H3A 2R4. Copies may be in- mal shall extend a distance equal to at spected at the U.S. Fish and Wildlife least 10 percent of the longer dimen- Service, 4401 N. Fairfax Dr., Arlington, sion of the surface to which they are VA 22203 or at the National Archives attached, and the spacers on an enclo- and Records Administration (NARA). sure containing more than one animal For information on the availability of shall extend a distance equal to at

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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 (e) An enclosure shall have a solid, accompanying the shipment shall also leak-proof bottom or removable, leak- be securely attached to the primary en- proof collection tray under a slatted or closure. Original documents shall be wire mesh floor. The slatted or wire carried in the carrier’s pouch or mani- mesh floor shall be designed and con- fest container or by the shipper’s at- structed so that the spaces between the tendant accompanying the wild mam- slats or the holes in the mesh cannot mal or bird. trap the limbs of animals contained (i) Any food and water troughs shall within the enclosure. An enclosure for be securely attached to the interior of mammals shall contain unused absorb- the enclosure in such a manner that ent litter on the solid bottom or in the the troughs can be filled from outside leak-proof tray in sufficient quantity the enclosure. Any opening providing to absorb and cover excreta. This litter access to a trough shall be capable of shall be safe and nontoxic and shall not being securely closed with an animal- resemble food normally consumed by the mammals. An enclosure used to proof device. A water trough in an en- transport marine mammals in water, closure containing birds shall contain a in a waterproof enclosure, a sling, or foam or sponge insert, a perforated on foam is exempt from the require- wooden block, or other suitable device ment to contain litter. An enclosure to prevent spillage or drowning. used to transport birds shall not con- (j) When a primary enclosure is pertain litter, unless it is specified in manently affixed within a conveyance writing by the examining veterinarian so that its front opening is the only as medically necessary. source of ventilation, the opening shall (f) If an enclosure has been pre- face the outside of the conveyance or viously used to transport or store wild an unobstructed aisle or passageway mammals or birds, it shall have been within the conveyance. Such an aisle cleaned and sanitized in a manner that or passageway shall be at least 12 will destroy pathogenic agents and inches (30 centimeters) wide. The open- pests injurious to the health of mam- ing in the primary enclosure shall oc- mals and birds before the enclosure can cupy at least 90 percent of the total be re-used. surface area of the front wall of the en- (g) An enclosure that is not perma- closure and be covered with bars or nently affixed in the conveyance shall wire mesh. be clearly marked in English on the [57 FR 27108, June 17, 1992, as amended at 59 outside of the top and one or more FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, sides of the enclosure, in letters not 2004]

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§ 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. (d) The interior of an animal cargo space shall be kept clean of disease- § 14.109 Care in transit. causing agents. (a) During transportation to the (e) A wild mammal or bird shall not United States, including any stopovers be transported in a cargo space that during transport, the carrier shall vis- contains any material, substance, or ually inspect each primary enclosure device that may reasonably be ex- not less than once every 4 hours, or in pected to result in inhumane condi- the case of air transport, every 4 hours tions or be injurious to the animal’s whenever the cargo hold is accessible. health unless all reasonable pre- During such inspections, the carrier cautions are taken to prevent such shall verify that the ambient air tem- conditions or injury. perature is within allowable limits (see § 14.109(b)), that enclosures have not § 14.108 Food and water. been damaged, that adequate ventila- (a) No carrier shall accept any wild tion is being provided, and when trans- mammal or bird for transport to the port is by air, that air pressure suit- United States unless written instruc- able to support live animals is main- tions from the shipper concerning the tained within the cargo area (pressure animal’s food and water requirements equivalent to a maximum altitude of are securely affixed to the outside of 8000 feet). During these observations its primary enclosure. Such instruc- the carrier shall also determine wheth- tions shall be consistent with profes- er any animals are in obvious distress sionally accepted standards of care and as described in documents attached to include specifically the quantity of the enclosure. The absence of such a water required, the amount and type of document or the absence of informa- food required, and the frequency of tion as to signs of distress shall not re- feeding and watering necessary to en- move this responsibility. The carrier sure that the animal is transported hu- shall attempt to correct any condition manely and healthfully. causing distress and shall consult the (b) A mammal or bird requiring shipper concerning any possible need drinking water shall have for veterinary care if no veterinary at- uncontaminated water suitable for tendant is traveling with the shipment; drinking made available to it at all if the shipper cannot be reached in the times prior to commencement of trans- case of an emergency, qualified veteri- port to the United States, during inter- nary care should be provided. A veteri- mediate stopovers, and upon arrival in narian or qualified attendant traveling the United States, or as directed by the with the shipment shall be provided ac- shipper’s written instructions. cess to the animal.

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(b) Unless otherwise specified in writ- (b) A primary enclosure used to move ing by the examining veterinarian the any mammal or bird shall not be ambient air temperature in a holding dropped, tipped excessively, or other- area, transporting device, conveyance wise mishandled, and shall not be or terminal facility containing mam- stacked or placed in a manner that mals or birds shall not be allowed to may reasonably be expected to result fall below 12.8 degrees C (55 degrees F) in its falling or being tipped. nor to exceed 26.7 degrees C (80 degrees (c) Animals incompatible with one F). Auxiliary ventilation shall be pro- another shall not be crated together or vided when the ambient air tempera- held in close proximity. ture is 23.9 degrees C (75 degrees F) or (d) Transport of mammals or birds to higher. In the case of penguins and the United States shall be accom- auks, the ambient air temperature plished by the carrier in the most expe- shall not be allowed to exceed 18.3 de- ditious manner, with the fewest stop- grees C (65 degrees F) at any time, and overs possible, and without unneces- auxiliary ventilation shall be provided sary delays. when the ambient air temperature ex- (e) Consistent with other procedures ceeds 15.6 degrees C (60 degrees F). In and requirements of the carrier, live the case of polar bears and sea otters, wild mammals or birds shall be last ambient air temperature shall not be loaded and first unloaded from a con- allowed to exceed 10 degrees C (50 de- veyance. grees F). (f) A carrier shall not allow mammals or birds to remain for extended periods § 14.110 Terminal facilities. of time outside a holding area and shall (a) Any terminal facility used for move them between a holding area and wild mammal or bird transport in the a conveyance as expeditiously as pos- country of export, stopover countries, sible. A carrier or shipper maintaining or the United States shall contain an mammals or birds in a holding area, or animal holding area or areas. No car- transporting them to or from a holding rier or shipper shall co-mingle live ani- area or between a holding area and a mal shipments with inanimate cargo in conveyance, shall provide the fol- an animal holding area. lowing: (b) A carrier or shipper holding any (1) Shelter from sunlight. When sun- wild mammal or bird in a terminal fa- light is likely to cause overheating or cility shall provide the following: discomfort, sufficient shade shall be (1) A holding area cleaned and sani- provided to protect animals from the tized so as to destroy pathogenic direct rays of the sun. agents, maintained so that there is no (2) Shelter from precipitation. Ani- accumulation of debris or excreta, and mals shall be provided protection so in which vermin infestation is mini- that they remain dry during rain, mized; snow, or other forms of precipitation. (2) An effective program for the con- (3) Shelter from cold. Animals shall trol of insects, ectoparasites, and pests be provided protection from cold. Pro- of mammals or birds; tection shall include, but not be lim- (3) Sufficient fresh air to allow the ited to, that provided by covering and/ animals to breathe normally with ven- or heating of transporting devices, tilation maintained so as to minimize holding areas, conveyances or terminal drafts, odors, and moisture condensa- facilities. tion; (4) Protection from harassment. Ani- (4) Ambient air temperatures main- mals shall be protected from disturb- tained within prescribed limits as spec- ances, including, but not limited to, ified in § 14.109(b). harassment by humans, other animals, or machinery that makes noise, emits § 14.111 Handling. fumes, heat, or light, or causes vibra- (a) Care shall be exercised to avoid tion. handling the primary enclosure in a manner likely to cause physical or psy- § 14.112 Other applicable provisions. chological trauma to the mammal or In addition to the provisions of bird. §§ 14.101–14.111, the requirements of

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§§ 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 shipped together in the same enclosure. (b) Care shall be taken to keep enclo- (b) A primary enclosure used to sures containing primates sufficiently transport a primate shall be large separated in the conveyance or holding enough to ensure that the animal has area to minimize the risk of spread of sufficient space to turn around freely disease from one species or shipment to in a normal manner, lie down, stand up another. (as appropriate for the species), and sit SPECIFICATIONS FOR MARINE MAMMALS in a normal upright position without (CETACEANS, SIRENIANS, SEA OTTERS, its head touching the top of the enclo- PINNIPEDS, AND POLAR BEARS) sure. However, a primate may be re- stricted in its movements according to § 14.131 Primary enclosures. professionally accepted standards of care when greater freedom of move- (a) A primary enclosure that is not ment would constitute a danger to the open on top shall have air inlets situ- primate or to its handler or other per- ated at heights that provide cross ven- sons. tilation at all levels and that are lo- (c) Except as provided in § 14.106(j), cated on all four sides of the enclosure. ventilation openings must be located Such ventilation openings shall com- on at least two walls of a primary en- prise not less than 20 percent of the closure. When the required ventilation total surface area of each side of the openings are located on two opposite enclosure. walls of the primary enclosure, these (b) Straps, slings, harnesses, or other ventilation openings shall comprise at such devices used for body support or least 30 percent of the total surface restraint when transporting marine area of the ventilated wall and be situ- mammals such as cetaceans or sire- ated above the midline of the enclo- nians shall meet the following require- sure. If ventilation openings are lo- ments: cated on all four walls of the enclosure, (1) The devices shall not prevent at- the openings on each wall shall com- tendants from having access to the prise at least 20 percent of the total mammal to administer care during surface area of the wall and be situated transportation; above the midline of the primary en- (2) The devices shall be equipped with closure. sufficient padding to prevent trauma or injury at points of contact with the § 14.122 Food and water. mammal’s body; (a) A nonhuman primate shall be pro- (3) Slings or harnesses shall allow vided water suitable for drinking with- free movement of flippers outside of in 4 hours prior to commencement of the harness or sling;

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(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 professionally accepted standards of (4) Calming the mammal to prevent care when freedom of movement would struggling, thrashing, and other activ- constitute a danger to the animal or to ity that may cause overheating or handlers or other persons. physical trauma. (e) All marine mammals contained in (b) Unless otherwise directed by a a given primary enclosure shall be of shipper or authorized representative, the same species and be maintained in at least one-half of the floor area in a compatible groups. A marine mammal primary enclosure used to transport that has not reached puberty shall not sea otters to the United States shall be transported in the same primary en- contain sufficient crushed ice or ice closure with an adult marine mammal water to provide each otter with mois- other than its mother. Socially depend- ture necessary to maintain its hair ent animals (e.g., siblings, mother, and coat by preventing it from drying and offspring) transported in the same con- to minimize soiling of the hair coat veyance shall be allowed visual and, with urine and fecal material. when appropriate for the species, olfac- (c) A marine mammal exhibiting ex- tory contact. A female marine mam- cited or otherwise dangerous behavior mal shall not be transported in the shall not be taken from its primary en- same primary enclosure with any ma- closure except under extreme emer- ture male marine mammal. gency conditions and then only by the shipper or other authorized individual § 14.132 Food and water. who is capable of handling the animal A marine mammal shall not be trans- safely. ported for more than a period of 36 hours without being offered suitable SPECIFICATIONS FOR ELEPHANTS AND food unless the shipper’s written in- UNGULATES structions or the shipper’s attendant travelling with the mammal direct § 14.141 Consignment to carrier. otherwise. After feeding, a marine Species that grow antlers shall not mammal shall be rested for 6 hours be accepted for transport unless the prior to resuming transport. antlers have been shed or surgically removed. § 14.133 Care in transit. (a) Any marine mammal shall be ac- § 14.142 Primary enclosures. companied, in the same conveyance, by (a) Except as provided in § 14.106(j), the shipper or an authorized represent- ventilation openings must be located

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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 the same primary enclosure if the ship- have been habitually housed together ment complies with the provisions of may be shipped in the same primary § 14.105(b); in the case of land or sea enclosure. transport, a pair of juvenile elephants (c) A primary enclosure used to or ungulates or other pairs that have transport sloths, bats, or flying lemurs been habitually housed together may shall be large enough to ensure that be shipped in the same primary enclo- each animal has sufficient space to sure. move freely and in a normal manner (c) A primary enclosure used to and shall have a wide perch, bar, or transport an elephant or ungulate shall mesh of suitable strength fitted under be large enough to allow the animal to the top of the enclosure and spaced lie or stand in a natural upright posi- from it in such a way that the animals tion with the head extended, but not may hang from it freely in a natural large enough for the animal to roll position. over. (d) A primary enclosure used to SPECIFICATIONS FOR OTHER transport an elephant or ungulate with TERRESTRIAL MAMMALS horns or tusks shall be designed and constructed to prevent the horns or § 14.161 Primary enclosures. tusks from becoming trapped or injur- (a) Except as provided in § 14.106(j), ing the animal itself, other animals ventilation openings must be located nearby, attendants, or cargo handlers. on at least two walls of a primary en- (e) A primary enclosure for an ele- closure. When the required ventilation phant or ungulate shall be equipped openings are located on two opposite with a removable water trough that walls of the primary enclosure, these can be securely hung within the enclo- ventilation openings shall comprise at sure above the floor and can be filled least 16 percent of the total surface from outside the enclosure. area of each ventilated wall. When openings are located on all four walls SPECIFICATIONS FOR SLOTHS, BATS, AND of the enclosure, the openings shall FLYING LEMURS (CYNOCEPHALIDAE) comprise at least 8 percent of the total surface area of each wall. At least one- § 14.151 Primary enclosures. third of the minimum area required for (a) Except as provided in § 14.106(j), ventilation shall be located on the ventilation openings must be located lower one-half of the enclosure, and at on at least two walls of a primary en- least one-third of the total minimum

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area required for ventilation shall be SPECIFICATIONS FOR BIRDS located on the upper one-half of the enclosure. § 14.171 Consignment to carrier. (b) No more than one terrestrial (a) A personally owned pet bird origi- mammal (other than rodents) shall be nally transported from the United transported in a primary enclosure. States and being returned to this coun- However, a mother and her nursing try with its original United States cer- young may be shipped in the same pri- tificate of veterinary inspection within mary enclosure if the shipment com- 60 days of departure may be accepted plies with the provisions of § 14.105(b). by a carrier without a new veterinary examination. (c) More than one rodent may be (b) No carrier shall accept for trans- transported in the same primary enclo- port to the United States any bird that sure if they are members of the same was captured in the wild unless a quali- species and are maintained in compat- fied veterinarian, authorized by the na- ible groups. Rodents that are incom- tional government of the country from patible shall be transported in indi- which the bird is being exported, cer- vidual primary enclosures that are tifies that the bird has been held in stored and transported so they are vis- captivity for at least 14 days. ually separated. A female with young being transported for medical reasons § 14.172 Primary enclosures. shall not be placed in a primary enclo- (a) A primary enclosure for birds sure with other animals. The following shall have ventilation openings on two chart specifies maximum densities vertical sides that comprise at least 16 minimum space for transporting ro- percent of the surface area of each side dents that fall within the specified and are positioned so as to decrease the weight limitations. Max. No. refers to likelihood of creating a draft. maximum number per primary enclo- (b) Perches shall be provided for birds sure; Space/animal refers to minimum that rest by perching. The diameter of area of floor space per animals. Ro- the perch shall be sufficient to permit dents weighing more than 5,000 grams the birds to maintain a firm, com- shall be transported in individual en- fortable grip. Perches shall be placed closures. so that droppings do not fall into food or water troughs or onto other perched DENSITY GUIDELINES FOR RODENTS birds. There shall be enough head room to allow the birds to move onto and off Space/Animal Ht. of the perches without touching the top Max. Box No. of the enclosure. cm /2/ in /2/ cm in (c) An enclosure used to transport one or more birds that rest by perching wt. in grams of rodent: shall be large enough to ensure that 220 or less ...... 20 194 30 15 6 220–450 ...... 12 388 60 20 8 sufficient perch space is available for 450–1000 ...... 6 770 120 25 10 all birds to perch comfortably at the 1,000–5,000 ...... 2 2,310 360 30 12 same time. No more than 50 birds that rest by perching shall be transported in (d) A primary enclosure used to one primary enclosure, with the excep- transport terrestrial mammals shall be tion of large birds (longer than 23 cm, large enough to ensure that each ani- or 9 inches), which are limited to a mal has sufficient space to turn around maximum of 25 per primary enclosure. freely in a normal manner. The height (d) A primary enclosure used to of the primary enclosure shall provide transport a raptorial bird shall be large adequate space for the animal to stand enough to transport the bird com- upright in a normal posture with space fortably and to permit it to turn above its head. The length of the pri- around without stretching its wings to mary enclosure shall be great enough the fullest extent. Only one raptorial bird shall be contained in a primary en- to enable the animal to lie in a full closure. prone position. (e) A primary enclosure containing nonraptorial birds that do not rest by

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perching shall be large enough for the (1) Is approved by the United States birds to turn around, to lie down, to Internal Revenue Service as a corpora- stand erect, and to change posture in a tion that is exempt from taxation normal manner. under § 501(a) of the Internal Revenue (f) Nectar-feeding birds shall either Code of 1986, which is described in be transported in a primary enclosure §§ 501(c)(3) and 170(b)(1)(A)(vi) of that equipped with feeding bottles acces- code; sible from outside the enclosure for re- (2) Does not commercially trade in plenishment or hand-carried and fed in prohibited wildlife species, including accordance with the written instruc- offspring, parts, and products; tions of the shipper. (3) Does not propagate any of the pro- (g) Birds transported in the same pri- hibited wildlife species; and mary enclosure shall be of the same (4) Does not allow any direct contact species and be compatible with one an- between the public and the prohibited other. Birds that are incompatible wildlife species. shall be placed in individual primary Direct contact means any situation in enclosures and these enclosures shall which any individual other than an au- not be stored or transported in visual thorized keeper or caregiver may po- proximity to one another. tentially touch or otherwise come into physical contact with any live speci- Subpart K—Captive Wildlife Safety men of the prohibited wildlife species. Licensed person means any individual, Act facility, agency, or other entity that holds a valid license from and is in- SOURCE: 72 FR 45946, Aug. 16, 2007, unless spected by the U.S. Department of Ag- otherwise noted. riculture’s Animal and Plant Health Inspection Service (APHIS) under the § 14.250 What is the purpose of these regulations? Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) (See definition of ‘‘li- The regulations in this subpart im- censee’’ in 9 CFR 1.1.). plement the Captive Wildlife Safety Prohibited wildlife species means a Act (CWSA), 117 Stat. 2871, which specimen of any of the following eight amended the Lacey Act Amendments species: Lion (Panthera leo), tiger of 1981, 16 U.S.C. 3371–3378, by adding (Panthera tigris), leopard (Panthera paragraphs 2(g), 3(a)(2)(C), and 3(e) (16 pardus), snow leopard (Uncia uncia), U.S.C. 3371, 3372). clouded leopard (Neofelis nebulosa), jag- uar (Panthera onca), cheetah (Acinonyx § 14.251 What other regulations may jubatus), and cougar (Puma concolor) or apply? any hybrids resulting from the breed- The provisions of this subpart are in ing of any combination of any of these addition to, and are not in place of, species, for example, a liger (a male other regulations of this subchapter B lion and a female tiger) or a tiglon (a that may require a permit or describe male tiger and a female lion), whether additional restrictions or conditions naturally or artificially produced. for the importation, exportation, Propagate means to allow or facili- transportation, sale, receipt, acquisi- tate the production of offspring of any tion, or purchase of wildlife in inter- of the prohibited wildlife species, by state or foreign commerce. any means. Registered person means any indi- § 14.252 What definitions do I need to vidual, facility, agency, or other entity know? that is registered with and inspected In addition to the definitions con- by APHIS under the AWA (See defini- tained in part 10 of this subchapter, tion of ‘‘registrant’’ in 9 CFR 1.1.). and unless the context otherwise requires, in this subpart: § 14.253 What are the restrictions con- Accredited wildlife sanctuary means a tained in these regulations? facility that cares for live specimens of Except as provided in § 14.255, it is un- one or more of the prohibited wildlife lawful for any person to import, ex- species and: port, transport, sell, receive, acquire,

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or purchase, in interstate or foreign PART 15—WILD BIRD commerce, any live prohibited wildlife CONSERVATION ACT species. Subpart A—Introduction and General § 14.254 What are the requirements 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 prohib- Subpart B—Prohibitions and Requirements ited wildlife species covered by the CWSA. These records must be up to 15.11 Prohibitions. date, and must include the names and 15.12 Requirements. addresses of persons to or from whom any prohibited wildlife species has been Subpart C—Permits and Approval of acquired, imported, exported, pur- Cooperative Breeding Programs chased, sold, or otherwise transferred; 15.21 General application procedures. and the dates of these transactions. 15.22 Permits for scientific research. The accredited wildlife sanctuary must 15.23 Permits for zoological breeding or dis- maintain these records for 5 years, play programs. must make these records available to 15.24 Permits for cooperative breeding. Service officials for inspection at rea- 15.25 Permits for personal pets. sonable hours, and must copy these 15.26 Approval of cooperative breeding pro- records for Service officials, if re- grams. quested. In addition, by declaring itself to be accredited under this subpart, a Subpart D—Approved List of Species Listed wildlife sanctuary agrees to allow ac- in the Appendices to the Convention cess to its facilities and its prohibited 15.31 Criteria for including species in the wildlife specimens by Service officials approved list for captive-bred species. at reasonable hours. 15.32 Criteria for including species in the approved list for non-captive-bred spe- § 14.255 Are there any exemptions to cies. the restrictions contained in these 15.33 Species included in the approved list. regulations? The prohibitions of § 14.253 do not Subpart E—Qualifying Facilities Breeding apply to: Exotic Birds in Captivity (a) A licensed person or registered 15.41 Criteria for including facilities as person; qualifying for imports. [Reserved] (b) A State college, university, or 15.42 List of foreign qualifying breeding fa- agency; cilities. [Reserved] (c) A State-licensed wildlife rehabilitator; Subpart F—List of Prohibited Species Not (d) A State-licensed veterinarian; Listed in the Appendices to the Con- (e) An accredited wildlife sanctuary; vention or 15.51 Criteria for including species and (f) A person who: countries in the prohibited list. [Re- (1) Can produce documentation show- served] ing that he or she is transporting live 15.52 Species included in the prohibited list. prohibited wildlife species between per- [Reserved] sons who are exempt from the prohibi- 15.53 Countries of export included in the tions in § 14.253; and prohibited list. [Reserved] (2) Has no financial interest in the AUTHORITY: 61 U.S.C. 4901–4916. prohibited wildlife species other than SOURCE: At 58 FR 60536, Nov. 16, 1993, unless payment received for transporting otherwise noted. them.

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Subpart A—Introduction and cer, employee, agent, department, or General Provisions instrumentality of the Federal Govern- ment, of any State, municipality, or § 15.1 Purpose of regulations. political subdivision of a State, or of The regulations in this part imple- any foreign government; any State, ment the Wild Bird Conservation Act municipality, or political subdivision of 1992, Pub. L. 102–440, 16 U.S.C. 4901– of a State; or any other entity subject 4916. to the jurisdiction of the United States. § 15.2 Scope of regulations. Species means any species, any sub- (a) The regulations in this part apply species, or any district population seg- to all species of exotic birds, as defined ment of a species or subspecies, and in- in section 15.3. cludes hybrids of any species or sub- (b) The provisions in this part are in species. Hybrids will be treated accord- addition to, and are not in lieu of, ing to the more restrictive appendix or other regulations of this subchapter B category in which either parental spe- that may require a permit or prescribe cies is listed. additional restrictions or conditions Status means a qualitative measure for the import, export, reexport, and of the vulnerability to extinction or ex- transportation of wildlife. tirpation of a population at a given time (e.g., endangered, threatened, vul- § 15.3 Definitions. nerable, non-threatened, or insuffi- In addition to the definitions con- ciently known). tained in parts 10 and 23 of this sub- Sustainable use means the use of a chapter B, and unless the context re- species in a manner and at a level such quires otherwise, in this part: that populations of the species are Documentation means a description of maintained at biologically viable levels how scientific information was col- for the long term and involves a deter- lected, including the methodologies mination of the productive capacity of used; names and institutions of individ- the species and its ecosystem, in order uals conducting the work; dates and lo- to ensure that utilization does not ex- cations of any study; and any published ceed those capacities or the ability of results or reports from the work. the population to reproduce, maintain Exotic bird means any live or dead itself and perform its role or function member of the Class Aves that is not in its ecosystem. indigenous to the 50 States or the Dis- Trend means a long-term assessment trict of Columbia, including any egg or of any change in the absolute or rel- offspring thereof, but does not include ative size of a species’ population or domestic poultry, dead sport-hunted habitat over time (e.g., increasing, de- birds, dead museum specimens, dead creasing, at equilibrium, insufficiently scientific specimens, products manu- known). factured from such birds, or birds in United States means the 50 States, the any of the following families: District of Columbia, the Common- Phasianidae. Numididae, Cracidae, wealth of Puerto Rico, American Meleagrididae, Megapodiidae, Samoa, the Virgin Islands, Guam, the Anatidae, Struthionidae Rheidae, Commonwealth of the Northern Mar- Dromaiinae, and Gruidae. iana Islands, and the Trust Territory of Indigenous means a species that is the Pacific Islands. naturally occurring, not introduced as a result of human activity, and that [58 FR 60536, Nov. 16, 1993, as amended at 61 currently regularly inhabits or breeds FR 2091, Jan. 24, 1996] in the 50 States or the District of Co- lumbia. § 15.4 Information collection require- Life cycle means the annual processes ments. involved with breeding, migration, and (a) The Office of Management and all other non-breeding activities. Budget approved the information col- Person means an individual, corpora- lection requirements contained in this tion, partnership, trust, association, or part 15 under 44 U.S.C. 3507 and as- any other private entity; or any offi- signed OMB Control Number 1018–0093.

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The Service may not conduct or spon- (c) It is unlawful to import into the sor, and you are not required to re- United States any exotic bird species spond, to a collection of information not listed in the Appendices to the unless it displays a currently valid Convention that is listed in the prohib- OMB control number. We are collecting ited species list, pursuant to subpart F this information to provide informa- of this part. tion necessary to evaluate permit ap- (d) It is unlawful to import into the plications. We will use this informa- United States any exotic bird species tion to review permit applications and from any country included in the pro- make decisions, according to criteria hibited country list, pursuant to sub- established in various Federal wildlife part F of this part. conservation statutes and regulations, on the issuance, suspension, revoca- (e) It is unlawful to import into the tion, or denial of permits. You must re- United States any exotic bird species spond to obtain or retain a permit. from a qualifying facility breeding ex- (b) We estimate the public reporting otic birds in captivity, listed pursuant burden for these reporting require- to subpart E of this part, if the exotic ments to vary from 1 to 4 hours per re- bird was not captive-bred at the listed sponse, with an average of 2 hours per facility. response, including time for reviewing (f) It is unlawful for any person sub- instructions, gathering and maintain- ject to the jurisdiction of the United ing data, and completing and reviewing States to engage in any activity with the forms. Direct comments regarding an exotic bird imported under a permit the burden estimate or any other as- issued pursuant to this part that vio- pect of these reporting requirements to lates a condition of said permit. the Service Information Collection Control Officer, MS–222 ARLSQ, U.S. [58 FR 60536, Nov. 16, 1993, as amended at 59 Fish and Wildlife Service, Washington, FR 62255, Dec. 2, 1994] DC 20240, or the Office of Management § 15.12 Requirements. and Budget, Paperwork Reduction Project (1018–0093), Washington, DC (a) No person shall import into the 20603. United States any exotic bird except as may be permitted under the terms of a [63 FR 52634, Oct. 1, 1998] valid permit issued pursuant to the provisions of subpart C of this part and Subpart B—Prohibitions and 50 CFR part 13, or in accordance with Requirements the provisions of subparts D–F of this part 15, or in accordance with the pro- § 15.11 Prohibitions. visions of paragraph (b) of this section. (a) Except as provided under a permit (b) Any exotic bird can be imported issued pursuant to subpart C of this to the United States if it was legally part, it is unlawful for any person sub- exported from the United States with a ject to the jurisdiction of the United permit issued by the Service’s Office of States to commit, attempt to commit, Management Authority, provided that to solicit another to commit, or to cause to be committed, any of the acts the import is by the same person who described in paragraphs (b) through (f) exported the bird, the import is accom- of this section in regard to any exotic panied by a copy of the cleared CITES bird. export permit or certificate issued by (b) It is unlawful to import into the the Service that was used to export the United States any exotic bird species exotic bird, and the Service is satisfied listed in the Appendices to the Conven- that the same bird is being imported as tion that is not included in the ap- is indicted on the aforementioned per- proved list of species, pursuant to submit or certificate. part D of this part, except that this paragraph (b) does not apply to any exotic bird that was bred in a foreign breeding facility listed as qualifying pursuant to subpart E of this part.

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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 proce- (iii) A copy of any foreign collecting dures. permit or authorizing letter, if applicable; (a) The Director may issue a permit (3) If the exotic bird was bred in cap- authorizing the importation of exotic tivity, include: birds otherwise prohibited by § 15.11, in accordance with the issuance criteria (i) Documents or other evidence that of this subpart, for the following pur- the bird was bred in captivity, includ- poses only: Scientific research; zoolog- ing the name and address of the breeder, and when known, hatch date and ical breeding or display programs; co- identity of the parental birds; and operative breeding programs designed to promote the conservation and main- (ii) If the applicant is not the breed- tenance of the species in the wild; or er, documentation showing the bird personally owned pets accompanying was acquired from a breeder and a his- persons returning to the United States tory of multiple transactions, if appli- after being out of the country for more cable: than 1 year. (4) A statement of the reasons the applicant is justified in obtaining a per- (b) Additional requirements as indi- mit, and a complete description of the cated in parts 13, 14, 17, 21, and 23 of scientific research to be conducted on this subchapter must also be met. the exotic bird requested, including: (c) A person wishing to obtain a per- (i) Formal research protocol with mit under this subpart or approval of timetable; cooperative breeding programs under this subpart submits an application to (ii) The relationship of such research the Director, U.S. Fish and Wildlife to the conservation of the species in Service (Attention: Office of Manage- the wild; ment Authority), 4401 N. Fairfax Drive, (iii) A discussion of possible alter- Room 700, Arlington, VA 22203. Each natives and efforts to obtain birds from application must contain the general other sources; and information and certification required (iv) Plans for disposition of the ex- in § 13.12(a) of this subchapter, and all otic birds and any progeny upon com- of the information specified in the ap- pletion of the research project; plicable section §§ 15.22 through 15.26. (5) Qualifications of the scientific personnel conducting the proposed re- [58 FR 60536, Nov. 16, 1993, as amended at 63 search, including applicable experience FR 52634, Oct. 1, 1998] and a description of relevant past research conducted; § 15.22 Permits for scientific research. (6) A description of the care and (a) Application requirements for per- maintenance of the exotic bird, and mits for scientific research. Each appli- how the facility meets professionally cation shall provide the following in- recognized standards, including; formation and such other information (i) The name and address of the facil- that the Director may require: ity where the exotic bird will be main- (1) A description of the exotic bird(s) tained; to be imported, including: (ii) Dimensions of existing enclosures (i) The common and scientific names for the birds to be imported and num- of the species, number, age or age ber of birds to be housed in each; and class, and, when known, sex; and (iii) Husbandry practices. (ii) A statement as to whether, at the (b) Issuance criteria. Upon receiving time of the application, the exotic bird an application completed in accordance is still in the wild, has already been re- with paragraph (a) of this section, the moved from the wild, or was bred in Director will decide whether or not a captivity; permit should be issued. In making this (2) If the exotic bird is in the wild or decision, the Director shall consider, in was taken from the wild, include: addition to the general criteria in part

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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; ject to special conditions as the Direc- (ii) Plans, if any, for developing or tor may deem appropriate. maintaining a self-sustaining popu- (d) Duration of permits. The duration lation of the exotic bird species in cap- of the import permits issued under this tivity; section shall be designated on the face (iii) A statement on efforts to obtain of the permit, but in no case will these birds from alternative sources or permits be valid for longer than one sources within the United States; year. (iv) The relationship of such a breeding or display program to the conserva- § 15.23 Permits for zoological breeding tion of the species in the wild; and or display programs. (v) Plans for disposition of the exotic (a) Application requirements for per- birds and any progeny. mits for zoological breeding or display (5) A description of the care and programs. Each application shall pro- maintenance of the exotic bird, and vide the following information and how the facility meets professionally such other information that the Direc- recognized standards of the public dis- tor may require: play community, including: (1) A description of the exotic bird(s) (i) The name and address of the facil- to be imported, including: ity where the exotic bird will be main- (i) The common and scientific names tained; of the species, number, age or age (ii) Dimensions of existing enclosures class, and, when known, sex; and for the birds to be imported and num- (ii) A statement as to whether, at the ber of birds to be housed in each; time of the application, the exotic bird (iii) Husbandry practices; is still in the wild, has already been re- (6) A history of the zoological facili- moved from the wild, or was bred in ty’s breeding programs with the same captivity; or similar species, including:

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(i) Participation in any cooperative § 15.24 Permits for cooperative breed- breeding programs; ing. (ii) Breeding and inventory records (a) Application requirements for per- for the last two years, including hatch- mits for cooperative breeding. Each ap- ing, survival, and mortality records; plication shall provide the following and information and such other informa- (iii) Causes of any mortalities and ef- tion that the Director may require: forts made to correct any problems. (1) A description of the exotic bird(s) (b) Issuance criteria. Upon receiving to be imported, including: an application completed in accordance (i) The common and scientific names with paragraph (a) of this section, the of the species, number, age or age Director will decide whether or not a class, and, when known, sex; and permit should be issued. In making this (ii) A statement as to whether, at the decision, the Director shall consider, in time of the application, the exotic bird addition to the general criteria in part is still in the wild, has already been re- 13 of this subchapter, the following fac- moved from the wild, or was bred in tors: captivity; (1) Whether the zoological breeding (2) If the exotic bird is still in the or display program is adequate to jus- wild or was taken from the wild include; tify removing the exotic bird from the (i) The country and region where the wild or otherwise changing its status; removal will occur or occurred; (2) Whether the proposed import (ii) A description of the status of the would be detrimental to the survival of species in the region of removal; and the exotic bird species in the wild, in- (iii) A copy of any foreign collecting cluding whether the exotic bird was permit or authorizing letter, if applica- bred in captivity or was (or will be) ble; taken from the wild, taking into con- (3) If the exotic bird was bred in cap- sideration the conservation status of tivity, include; the species in the wild; (i) Documents or other evidence that (3) Whether the permit, if issued, the bird was bred in captivity, includ- would conflict with any known pro- ing the name and address of the breed- gram intended to enhance the survival er, when known, the identity of the pa- of the population from which the ex- rental birds and hatch date; and otic bird was or would be removed; (ii) If the applicant is not the breed- (4) Whether the breeding or display er, documentation showing the bird program for which the permit is re- was acquired from the breeder and a quired has conservation merit; and history of multiple transactions, if ap- (5) Whether the expertise, facilities plicable; or other resources available to the ap- (4) A statement of the reasons the applicant appear adequate for proper care plicant is justified in obtaining a per- and maintenance of the exotic bird and mit, and a statement detailing the ap- to successfully accomplish the zoolog- plicant’s participation in a cooperative ical breeding or display objectives stat- breeding program approved under sec- ed in the application. tion 15.26 of this chapter, including; (i) Copies of any signed agreements (c) Permit conditions. In addition to or protocols with the monitoring the general conditions set forth in part avicultural, conservation, or zoological 13 of this subchapter, every permit organization overseeing the program; issued under this section shall be sub- and ject to special conditions as the Direc- (ii) Applicable records of the coopera- tor may deem appropriate. tive breeding program of any other (d) Duration of permits. The duration birds imported, their progeny, and of the import permits issued under this their disposition; section shall be designated on the face (5) A complete description of the re- of the permit, but in no case will these lationship of the exotic bird to the ap- permits be valid for longer than one proved cooperative breeding program, year. including;

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(i) A statement of the role of the ex- (3) Whether the cooperative breeding otic bird in a breeding protocol; program for which the permit is re- (ii) A plan for maintaining a self-sus- quired would be likely to enhance or taining captive population of the ex- promote the conservation of the exotic otic bird species; bird species in the wild or result in a (iii) Details on recordkeeping; and self-sustaining population of the exotic (iv) Plans for disposition of the ex- bird species in captivity; and otic birds and any progeny produced (4) Whether the expertise, facilities, during the course of this program. or other resources available to the ap- (6) A statement outlining the appli- plicant appear adequate for proper care cant’s attempts to obtain the exotic and maintenance of the exotic birds bird in a manner that would not cause and to successfully accomplish the co- its removal from the wild, and at- operative breeding objectives stated in tempts to obtain the specimens of the the application. 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 of the permit, but in no case will these (ii) Dimensions of existing enclosures permits be valid for longer than one for birds to be imported and number of year. birds to be housed in each; and (iii) Husbandry practices; § 15.25 Permits for personal pets. (8) A history of the applicant’s past (a) Application requirements for per- participation in cooperative breeding sonal pets not intended for sale. No indi- programs with the same or similar spe- vidual may import more than two ex- cies, including; otic birds as pets in any year. Each ap- (i) Breeding and inventory records for plication shall provide the following at least the last two years; information and such other informa- (ii) Hatching, survival, and mortality tion that the Director may require: records; (1) A description of the exotic bird to (iii) Causes of any mortalities and ef- be imported, including; forts made to correct any problems. (i) The common and scientific names, (b) Issuance criteria. Upon receiving number, age, and, when known, sex; an application completed in accordance (ii) A band number, house name, or with paragraph (a) of this section, the any other unique identifying feature; Director will decide whether or not a and permit should be issued. In making this (iii) A statement as to whether the decision, the Director shall consider, in exotic bird was bred in captivity or addition to the general criteria in part taken from the wild; 13 of this subchapter, the following fac- (2) A statement of the reasons the ap- tors; plicant is justified in obtaining a per- (1) Whether the cooperative breeding mit; program is adequate to justify remov- (3) Documentation showing that the ing the exotic bird from the wild or applicant has continually resided out- otherwise changing its status; side of the United States for a min- (2) Whether the proposed import imum of one year; would be detrimental to the survival of (4) A statement of the number of ex- the exotic bird species in the wild, in- otic birds imported during the previous cluding whether the exotic bird was 12 months as personal pets by the ap- bred in captivity or was (or will be) plicant; taken from the wild, taking into con- (5) Information on the origin of the sideration the conservation status of exotic bird, including; the species in the wild; (i) Country of origin; and

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

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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. the cooperative breeding program shall (b) Issuance criteria. Upon receiving maintain records of all birds imported an application completed in accordance under permits issued under this sub- with paragraph (a) of this section, the part and their progeny, including their Director will decide whether or not a sale or transfer, death, or escape, and cooperative breeding program should breeding success. These records shall be approved. In making this decision, be made available to the Service on re- the Director shall consider, in addition quest and when renewing an approval. to the general criteria in part 13 of this (e) Duration of approval. Cooperative subchapter, the following factors: breeding programs shall be approved (1) Whether the cooperative breeding for two years, at which time applicants program for which the approval is re- may apply to the Service for renewal of quested is adequate to justify removing a program’s approval. Applications for the exotic bird from the wild or other- renewal of approval shall comply with wise changing its status; the general conditions set forth in part (2) Whether the granting of this ap- 13 of this subchapter. proval would be detrimental to the survival of the exotic bird species in the wild, including whether the exotic Subpart D—Approved List of Spe- birds were bred in captivity or will be cies Listed in the Appendices taken from the wild, taking into con- to the Convention. sideration the conservation status of the species in the wild; SOURCE: 59 FR 62262, Dec. 2, 1994, unless (3) Whether the granting of this ap- otherwise noted. proval would conflict with any known program intended to enhance the sur- § 15.31 Criteria for including species vival of the population from which the in the approved list for captive- exotic bird species was or would be re- bred species. moved; The Director will periodically review (4) Whether the cooperative breeding the list of captive-bred exotic bird spe- program for which the permit is re- cies in paragraph 15.33(a), for which im- quested would be likely to enhance or portation into the United States is ap- promote the conservation of the exotic proved. Any exotic bird species listed bird species in the wild or result in a in paragraph 15.33(a) pursuant to this self-sustaining population of the exotic section must meet all of the following bird species in captivity; and criteria: (5) Whether the expertise or other re- (a) All specimens of the species sources available to the program ap- known to be in trade (legal or illegal) pear adequate to successfully accom- are captive-bred; plish the objectives stated in the application. (b) No specimens of the species are known to be removed from the wild for (c) Publication in the FEDERAL REG- commercial purposes; ISTER. The Director shall publish notice in the FEDERAL REGISTER of each (c) Any importation of specimens of application submitted under § 15.26(a). the species would not be detrimental to Each notice shall invite the submission the survival of the species in the wild; from interested parties of written data, and views, or arguments with respect to (d) Adequate enforcement controls the application. The Director shall are in place to ensure compliance with publish periodically a notice as appro- paragraphs (a) through (c) of this sec- priate in the FEDERAL REGISTER of the tion.

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§ 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 Upon receipt of a completed sustain- and copies of the most recent non-det- able use management plan for a coun- riment findings made by the exporting try of export, the Director may ap- country’s Scientific Authority. prove 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 throughout the country of export and (a) Requirements for scientifically-based in each area or region of take, includ- sustainable use management plans. Sus- ing scientific references and maps. The tainable use management plans devel- approximate location of any reserves oped by the country of export should be that provide protection for this species submitted for species which breed in should be indicated on the accom- the country of export. If the species panying map(s), along with a brief de- does not breed in the country of export, scription of how reserves are protected the Service will consider sustainable and how that protection is enforced; use management plans only when the (iii) Status and trends of the impor- plan is scientifically valid and nesting tant habitats used by the species in the (breeding) information can be provided country of export as a whole whenever from countries in which the species available and within each area or re- breeds. Sustainable use management gion of take, including scientific ref- plans shall include the following infor- erences; mation, and any other information (iv) Factors, including management that may be appropriate: activities, favoring or threatening the (1) Background information, includ- species’ habitat in the foreseeable fu- ing the following: ture within each area or region of take, (i) The scientific and common name and throughout the country of export of the species; whenever available, including sci- (ii) Letters from the country of ex- entific references; and port’s Management and Scientific Au- (v) A list of management plans that thorities transmitting the manage- have been or are being planned, devel- ment plan of this species; oped, or implemented for the species’ (iii) A summary of the country of ex- important habitats, if any. port’s legislation related to this species (3) Information on the role of the spe- and legislation implementing the Con- cies in its ecosystem, including: vention, and, where appropriate, a (i) A description of the part(s) of the summary of implementing regulations; species’ life cycle completed within the (iv) A summary, from the country of country of export; export’s Management Authority, of the (ii) A description of nest sites and/or country’s infrastructure and law en- plant communities that are most fre- forcement and monitoring mechanisms quently used for placement of nests designed to ensure both enforcement of and, if applicable, nesting habits; and compliance with the requirements (iii) A general description of the spe- of the management plan, and that the cies’ diet and where the species forages number of birds removed from the wild (aerial feeder, tree canopy, tree trunk, or exported will be consistent with the midstory, understory, open water or management plan; other), and seasonal changes in for- (v) Recent information on the dis- aging habits, including, when avail- tribution of the species within the able, scientific references; and country of export, including scientific (iv) Information on any species or references and maps, and historical in- plant community which is dependent formation on distributions, if relevant; on the occurrence of the exotic bird and species.

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(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. (iv) Within each area or region of (ii) For non-pest species: A descrip- take, estimation (with documentation) tion of how the sustainable use man- of annual mortality or loss including agement plan promotes the value of natural mortality and take for subsist- the species and its habitats. Incentives ence use, export trade, and domestic for conservation may be generated by trade in each area of take; or environmental education, cooperative (v) When appropriate, information efforts or projects, development of co- (with documentation) on the number of operative management units, and/or young which can be taken from the activities involving local communities. area, as a result of a conservation en- (7) Additional factors: hancement program. (i) Description of any existing en- (5) Determination of biologically sus- hancement activities developed for the tainable use: species, including, but not limited to, (i) Estimation of the number ex- annual banding programs, nest watch- ported from the country during the ing/guarding, and nest improvement; past 2 years, and the number of birds and removed from the wild for export, do- (ii) Description, including photo- mestic trade, illegal trade, subsistence graphs or diagrams, of the shipping use, and other purposes (specify) for methods and enclosures proposed to be the country of export during the past 2 used to transport the exotic birds, in- years; cluding but not limited to feeding and (ii) The estimated number of birds care during transport, densities of that will be removed from the wild birds in shipping enclosures, and esti- from each area of take each year for all mated consignment sizes. purposes (export trade, domestic trade, (b) Approval criteria. Upon receiving a illegal trade, and subsistence use), in- sustainable use management plan in

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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 (i) Provides for the conservation of wild under the criterion in paragraph the species and its habitat(s); (b)(2)(iv) of this section. (ii) Includes incentives for conserva- (c) Publication in the Federal Register. tion unless the species is a documented The Director shall publish notice in the pest species; FEDERAL REGISTER of the availability (iii) Is adequately implemented and of each complete sustainable use man- enforced; agement plan received under paragraph (iv) Ensures that the use of the spe- (a) of this section. Each notice shall in- cies is: vite the submission from interested (A) Sustainable; parties of written data, views, or argu- (B) Maintained throughout its range ments with respect to the proposed ap- at a level that is consistent with the proval. species’ role in its ecosystem; and (d) Duration of approval. A species and (C) Is well above the level at which country of export listed in section 15.33 the species might become threatened; as approved shall be approved for 3 (v) Addresses illegal trade, domestic years, at which time renewal of ap- trade, subsistence use, disease, and proval shall be considered by the Serv- habitat loss; and ice. (vi) Ensures that the methods of capture, transport, and maintenance of [61 FR 2091, Jan. 24, 1996] the species minimize the risk of injury, damage to health, and inhumane treat- § 15.33 Species included in the ap- ment; and proved list. (3) If the species has a multi-national (a) Captive-bred species. The list in distribution: this paragraph includes species of cap- (i) Whether populations of the species tive-bred exotic birds for which impor- in other countries in which it occurs tation into the United States is not

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prohibited by section 15.11. The species 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. 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 tion 15.11. The species are grouped tax- in this paragraph includes species of onomically by order, and may only be non-captive-bred exotic birds and coun- imported from the approved country, tries for which importation into the except as provided under a permit United States is not prohibited by sec-

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issued pursuant to subpart C of this Subpart A—Introduction part. [59 FR 62262, Dec. 2, 1994, as amended at 61 § 16.1 Purpose of regulations. FR 2093, Jan. 24, 1996] The regulations contained in this part implement the Lacey Act (18 Subpart E—Qualifying Facilities U.S.C. 42). Breeding Exotic Birds in Captivity § 16.2 Scope of regulations. § 15.41 Criteria for including facilities The provisions of this part are in ad- as qualifying for imports. [Re- dition to, and are not in lieu of, other served] regulations of this subchapter B which may require a permit or prescribe addi- § 15.42 List of foreign qualifying breeding facilities. [Reserved] tional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see Subpart F—List of Prohibited Spe- also part 13). cies Not Listed in the Appen- dices to the Convention § 16.3 General restrictions. Any importation or transportation of § 15.51 Criteria for including species and countries in the prohibited list. live wildlife or eggs thereof, or dead [Reserved] fish or eggs or salmonids of the fish family Salmonidae into the United § 15.52 Species included in the prohib- States or its territories or possessions ited list. [Reserved] is deemed to be injurious or potentially injurious to the health and welfare of § 15.53 Countries of export included in human beings, to the interest of for- the prohibited list. [Reserved] estry, agriculture, and horticulture, and to the welfare and survival of the PART 16—INJURIOUS WILDLIFE wildlife or wildlife resources of the United States; and any such importa- Subpart A—Introduction tion into or the transportation of live Sec. wildlife or eggs thereof between the 16.1 Purpose of regulations. continental United States, the District 16.2 Scope of regulations. of Columbia, Hawaii, the Common- 16.3 General restrictions. wealth of Puerto Rico, or any territory or possession of the United States by Subpart B—Importation or Shipment of any means whatsoever, is prohibited Injurious Wildlife except for certain purposes and under 16.11 Importation of live wild mammals. certain conditions as hereinafter pro- 16.12 Importation of live wild birds or their vided in this part: Provided, That the eggs. provisions of this section shall not 16.13 Importation of live or dead fish, mol- apply to psittacine birds (see also lusks, and crustaceans, or their eggs. §§ 16.32 and 16.33 for other exemptions). 16.14 Importation of live amphibians or their eggs. 16.15 Importation of live reptiles or their Subpart B—Importation or eggs. Shipment of Injurious Wildlife Subpart C—Permits § 16.11 Importation of live wild mammals. 16.22 Injurious wildlife permits. (a) The importation, transportation, Subpart D—Additional Exemptions or acquisition is prohibited of live specimens of: (1) Any species of so- 16.32 Importation by Federal agencies. called ‘‘flying fox’’ or fruit bat of the 16.33 Importation of natural-history speci- genus Pteropus; (2) any species of mon- mens. goose or meerkat of the genera Atilax, AUTHORITY: 18 U.S.C. 42. Cynictis, Helogale, Herpestes, Ichneumia, SOURCE: 39 FR 1169, Jan. 4, 1974, unless oth- Mungos, and Suricata; (3) any species of erwise noted. European rabbit of the genus

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Oryctolagus; (4) any species of Indian without a permit, for scientific, med- wild dog, red dog, or dhole of the genus ical, educational, exhibition, or propa- Cuon; (5) any species of multimammate gating purposes, and the eggs of such rat or mouse of the genus Mastomys; (6) birds may be imported, transported, any raccoon dog, Nyctereutes and possessed, without a permit, for procyonoides; and (7) any brushtail pos- propagating or scientific collection sum, Trichosurus vulpecula: Provided, purposes, but no such live wild game that the Director shall issue permits birds or any progeny thereof may be re- authorizing the importation, transpor- leased 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 live wild mammals may be imported, laration with the District Director of transported, and possessed in captivity, Customs at the port of entry as re- without a permit, for scientific, med- quired under § 14.61, all species of live, ical, educational, exhibition, or propa- wild nongame birds (other than those gating purposes, but no such live wild listed in paragraph (a) of this section) mammals or any progeny thereof may may be imported, transported, and pos- be released into the wild except by the sessed in captivity, without a permit, State wildlife conservation agency for scientific, medical, educational, ex- having jurisdiction over the area of re- hibition, or propagating purposes, but lease or by persons having prior writ- no such live, wild nongame birds or any ten permission for release from such progeny thereof may be released into agency: Provided, That the provisions the wild except by or under the direc- of this paragraph shall not apply to tion of State wildlife conservation live game mammals from Mexico, the agencies when such agencies have re- importation of which is governed by ceived prior written permission from regulations under part 14 of this chap- the Director for such release: Provided, ter. That the provisions of this paragraph shall not apply to live bald and golden [39 FR 1169, Jan. 4, 1974, as amended at 47 FR eagles or to live migratory birds, the 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002] importation of which is governed by § 16.12 Importation of live wild birds regulations under parts 22 and 21 of or their eggs. this chapter, respectively, or to birds (a) The importation, transportation, of the Family Psittacidae (parrots, ma- or acquisition is prohibited of any live caws, cockatoos, parakeets, lories, specimen or egg of (1) the species of so- lovebirds, etc.), the importation and called ‘‘pink starling’’ or ‘‘rosy pastor’’ transportation of which is governed by Sturnus roseus; (2) the species of dioch U.S. Public Health Service regulations (including the subspecies black-front- under 42 CFR parts 71 and 72. ed, red-billed, or Sudan dioch) Quelea (d) The importation of the eggs of quelea; (3) any species of Java sparrow, wild nongame birds is prohibited ex- Padda oryzivora; (4) the species of red- cept as permitted under § 16.33. whiskered bul-bul, Pycnonotus jocosus: Provided, That the Director shall issue § 16.13 Importation of live or dead fish, permits authorizing the importation, mollusks, and crustaceans, or their eggs. transportation, and possession of such live birds under the terms and condi- (a) Upon an exporter filing a written tions set forth in § 16.22. declaration with the District Director (b) Upon the filing of a written dec- of Customs at the port of entry as re- laration with the District Director of quired under § 14.61 of this chapter, live Customs at the port of entry as re- or dead fish, mollusks, and crusta- quired under § 14.61, all species of live ceans, or parts thereof, or their wild game, birds may be imported, gametes or fertilized eggs, may be im- transported, and possessed in captivity, ported, transported, and possessed in

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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). (C) Channa asiatica (Chinese or (C) Hypophthalmichthys nobilis (big- Northern Green snakehead). head carp). (D) Mylopharyngodon piceus (black (D) Channa aurantimaculata. carp). (E) Channa bankanensis (Bangka (3) Notwithstanding § 16.32, all Fed- snakehead). eral agencies shall be subject to the re- (F) (Baram Channa baramensis quirements stated within this section. snakehead). Live or dead uneviscerated salmonid (G) Channa barca (barca or tiger fish (family Salmonidae), live fertilized snakehead). eggs, or gametes of salmonid fish are (H) Channa bleheri (rainbow or jewel prohibited entry into the United States snakehead). for any purpose except by direct ship- (I) Channa cyanospilos (bluespotted ment accompanied by a certification snakehead). that: as defined in paragraph (e)(1) of (J) Channa gachua (dwarf, gaucha, or this section, the fish lots, from which frog snakehead). the shipments originated, have been (K) Channa harcourtbutleri (Inle sampled; virus assays have been con- snakehead). ducted on the samples according to (L) Channa lucius (shiny or splendid methods described in paragraphs (e)(2) snakehead). through (4); of this section; and (M) Channa maculata (blotched Oncorhynchus masou virus and the vi- snakehead). ruses causing viral hemorrhagic septi- (N) Channa marulius (bullseye, cemia, infectious hematopoietic necro- murrel, Indian, great, or cobra sis, and infectious pancreatic necrosis snakehead). have not been detected in the fish (O) Channa maruloides (emperor stocks from which the samples were snakehead). taken. In addition, live salmonid fish (P) Channa melanoptera. can be imported into the United States

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only upon written approval from the § 16.13, or live salmonid gametes to be Director of the U.S. Fish and Wildlife shipped under llll (bill of lading number Service. or airway bill number), were sampled at (4) All live fish eggs of salmonid fish llll (location of fish facility) on (sampling date) and the required must be disinfected within 24 hours llll viral assays were completed on llll (date prior to shipment to the United States. assays were completed) at llll (location Disinfection shall be accomplished by where assays were conducted) using the immersion for 15 minutes in a 75 part methodology described in § 16.13. I further per million (titratable active iodine) certify that Oncorhynchus masou virus and non-detergent solution of the viruses causing viral hemorrhagic septi- polyvinylpyrrolidone iodine (iodophor) cemia, infectious hematopoietic necrosis, buffered to a pH of 6.0 to 7.0. Following and infectious pancreatic necrosis have not disinfection, the eggs shall be rinsed been detected in 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), (b)(1) The certification to accompany U.S.A., on llll (date). importations as required by this sec- llllllllllllllllllllllll tion shall consist of a statement in the (Signature in ink of certifying official) English language, printed or type- llllllllllllllllllllllll written, stating that this shipment of (Printed name of certifying official) dead uneviscerated salmonid fish, live Date: llllllllllllllllllll salmonid fish, or live, disinfected fer- Organization employing certifying official: tilized eggs or gametes of salmonid fish Mailing address: lllllllllllllll has been tested, by the methods out- City: lllllllllllllllllllll State/Province: lllllllllllllll lined in this section, and none of the Zip Code/Mail Code: lllllllllllll listed viruses were detected. The cer- Country: llllllllllllllllll tification shall be signed in the coun- Office telephone number: International code try of origin by a qualified fish pathol- Telephone number lllllllllllll ogist designated as a certifying official Fax number lllllllllllllllll by the Director. (c) Nothing in this part shall restrict (2) The certification must contain: the importation and transportation of (i) The date and port of export in the dead salmonid fish when such fish have country of origin and the anticipated been eviscerated (all internal organs date of arrival in the United States and removed, gills may remain) or filleted port of entry; or when such fish or eggs have been (ii) Surface vessel name or number or processed by canning, pickling, smok- air carrier and flight number; ing, or otherwise prepared in a manner (iii) Bill of lading number or airway whereby the Oncorhynchus masou virus bill number; and the viruses causing viral hemor- (iv) The date and location where fish, rhagic septicemia, infectious tissue, or fluid samples were collected; hematopoietic necrosis, and infectious (v) The date and location where virus pancreatic necrosis have been killed. assays were completed; and (d) Any fish caught in the wild in (vi) The original handwritten signa- North America under a valid sport or ture, in ink, of the certifying official commercial fishing license shall be ex- and his or her address and telephone empt from sampling and certification number. requirements and from filing the Dec- (3) Certification may be substantially laration for Importation of Wildlife. in the following form: The Director may enter into formal I, llll, designated by the Director of agreements allowing the importation the U.S. Fish and Wildlife Service on of gametes, fertilized eggs, live fish, or llll (date), as a certifying official for dead, uneviscerated fish without in- llll (country), as required by Title 50, spection and certification of pathogen CFR 16.13, do hereby certify that the fish lot(s) of origin for this shipment of llll status, if the exporting Nation has an (weight in kilograms) dead uneviscerated acceptable program of inspection and salmonid fish, live salmonid fish, live pathogen control in operation, can doc- salmonid fish eggs disinfected as described in ument the occurrence and distribution

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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 (ii) In a sample, or sub-sample of a males and/or females and ovarian fluid given lot, collection of 10 or more mor- from females. Ovarian fluid may com- ibund fish shall be given first pref- prise up to 50 percent of the samples erence. The remainder of fish required collected. for collection shall be randomly se- (2) General sample processing require- lected live fish from all containers oc- ments. (i) Ovarian fluid samples shall be cupied by the lot being sampled. Mori- collected from each spawning female bund fish shall be collected and proc- separately. All samples from individual essed separately from randomly se- fish shall be measured to ensure that lected fish. In the event the sample is similar quantities from each fish are taken from adult broodstock of dif- combined if samples are pooled. Ovar- ferent ages that share the same con- ian fluid samples from no more than tainer, first preference shall be given five fish may be combined to form a to collecting samples from the older pool. fish. (ii) Whole fry (less yolk sacs), (iii) The minimum sample numbers viscera, and kidney and spleen tissues collected from each lot must be in ac- from no more than five fish may be cordance with a plan that provides 95 similarly pooled. percent confidence that at least one (iii) Antibiotics and antifungal fish, with a detectable level of infec- agents may be added to ovarian fluid or tion, will be collected and will be tissue samples to control microbial present in the sample if the assumed contaminant growth at the time of minimum prevalence of infection sample collection. Final concentra- equals or exceeds 2 percent. A total of tions shall not exceed 200–500 150 fish collected proportionately from micrograms/milliliter (μg/ml) of among all containers shared by the lot Gentamycin, 800 international units/ usually meets this requirement. A sam- milliliter (IU/ml) of penicillin, or 800 pling strategy based on a presumed μg/ml of streptomycin. Antifungal

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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 in paragraph (e)(2)(iii) of this section. neutralization, dot blot, enzyme-linked Centrifuge tissue suspensions and ovar- immunosorbent assay, or other equiva- ian fluid samples 4 °C. at 2,500 × gravity lent serological technique. (g) (relative centrifugal force) for 15 (f) Information concerning the im- minutes. Resulting supernatant solu- portation requirements of this section tions can be stored overnight at 4 °C. and application requirements for des- (vi) At the time of inoculation onto ignation as a certifying official for pur- cell cultures, total dilution of proc- poses of this section may be obtained essed tissue samples must not exceed by contacting: U.S. Department of the 1:100 ((volume to volume) (v/v)); total Interior, U.S. Fish and Wildlife Serv- dilution of ovarian fluid samples must ice, Division of Fish Hatcheries (820 Ar- not exceed 1:20 (v/v). In samples inocu- lington Square), 1849 C Street, NW., lated onto cell cultures, the final anti- Washington, DC 20240. Telephone 703– biotic concentration shall not exceed 358–1878. 100 μg/ml of Gentamicin, 100 IU/ml of (g) The information collection re- penicillin, or 100 μg/ml of streptomycin quirements contained in this part have and antifungal agent concentrations been approved by the Office of Manage- should not exceed 25 IU/ml of ment and Budget under 44 U.S.C. 3501 et mycostatin (Nystatin) or 2.5 μg/ml of seq. and assigned clearance number amphotericin B (Fungizone). 1018–0078. The information is being col- (3) Cell culture procedures. (i) Both lected to inform U.S. Customs and epithelioma papulosum cyprini (EPC) USFWS inspectors of the contents, ori- and chinook salmon embryo (CHSE– gin, routing, and destination of fish 214) cell lines must be maintained and and eggs shipments and to certify that used in all virus assays. Susceptible, the fish lots were inspected for listed normal appearing, and rapidly dividing pathogens. The information will be cell cultures shall be selected. Peni- used to protect the health of the fish- μ cillin (100 IU/ml), streptomycin (100 g/ ery resource. Response is required to ml), and antifungal agents, such as obtain a benefit. mycostatin/Nystatin (25 IU/ml) or amphotericin B/Fungizone (2.5 μg/ml), [58 FR 58979, Nov. 5, 1993, as amended at 65 are permitted in media used for cell FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, culture and virus assay work. 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, (ii) Cell cultures shall be seeded and Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011] grown, at optimum temperatures, to 80–90 percent confluence in 24-well § 16.14 Importation of live amphibians or their eggs. plates for virus assay work. (iii) Decant the medium from the re- Upon the filing of a written declara- quired number of 24-well plates of each tion with the District Director of Cus- cell line, and inoculate four replicate toms at the port of entry as required wells per cell line with .10 ml per well under § 14.61, all species of live amphib- of each processed sample. When all ians or their eggs may be imported, wells have been inoculated, tilt plates transported, and possessed in captivity,

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without a permit, for scientific, med- transport or acquire injurious wildlife ical, education, exhibition, or propa- for such purposes to the Director, U.S. gating purposes, but no such live am- Fish and Wildlife Service, (Attention: phibians or any progeny or eggs thereof Office of Management Authority), 4401 may be released into the wild except by N. Fairfax Drive, Room 700, Arlington, the State wildlife conservation agency VA 22203. Submit applications in writ- having jurisdiction over the area of re- ing on a Federal Fish and Wildlife Li- lease or by persons having prior writ- cense/Permit application (Form 3–200) ten permission for release from such and attach all of the following infor- agency. mation: (1) The number of specimens and the § 16.15 Importation of live reptiles or common and scientific names (genus their eggs. and species) of each species of live (a) The importation, transportation, wildlife proposed to be imported or or acquisition is prohibited of any live otherwise acquired, transported and specimen or egg of the brown tree possessed; snake (Boiga irregularis): Provided, that (2) The purpose of such importation the Director shall issue permits au- or other acquisition, transportation thorizing the importation, transpor- and possession; tation, and possession of such live (3) The address of the premises where snakes or viable eggs under the terms such live wildlife will be kept in cap- and conditions set forth in § 16.22. tivity; (b) Upon the filing of a written dec- (4) A statement of the applicant’s laration with the District Director of qualifications and previous experience Customs at the port of entry as re- in caring for and handling captive wild- quired under § 14.61, all other species of life. live reptiles or their eggs may be im- (b) Additional permit conditions. In ad- ported, transported, and possessed in dition to the general conditions set captivity, without a permit, for sci- forth in part 13 of this subchapter B, entific, medical, educational, permits to import or ship injurious exhibitional or propagating purposes, wildlife for zoological, educational, but no such live reptiles or any medical, or scientific purposes shall be progency or eggs thereof may be re- subject to the following conditions: leased into the wild except by the (1) All live wildlife acquired under State wildlife conservation agency permit and all progeny thereof, must having jurisdiction over the area of re- be confined in the approved facilities lease or by persons having prior writ- on the premises authorized in the per- ten permission for release from such mit. agency. (2) No live wildlife, acquired under permit, or any eggs or progeny thereof, [55 FR 17441, Apr. 25, 1990] may be sold, donated, traded, loaned, or transferred to any other person un- Subpart C—Permits less such person has a permit issued by the Director under § 16.22 authorizing § 16.22 Injurious wildlife permits. him to acquire and possess such wild- The Director may, upon receipt of an life or the eggs or progeny thereof. application and in accordance with the (3) Permittees shall notify the near- issuance criteria of this section, issue a est Special Agent-in-Charge (see § 10.22 permit authorizing the importation of this chapter) by telephone or other into or shipment between the conti- expedient means within 24 hours fol- nental United States, the District of lowing the escape of any wildlife im- Columbia, Hawaii, the Commonwealth ported or transported under authority of Puerto Rico, or any possession of the of a permit issued under this section, United States of injurious wildlife (See or the escape of any progeny of such subpart B of this part) for zoological, wildlife, unless otherwise specifically educational, medical, or scientific pur- exempted by terms of the permit. poses. (c) Issuance criteria. The Director (a) Application requirements. Submit shall consider the following in deter- applications for permits to import, mining whether to issue a permit to

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import or ship injurious wildlife for zo- time for reviewing instructions, gath- ological, educational, medical, or sci- ering and maintaining data, and com- entific purposes: pleting and reviewing the forms. Direct (1) Whether the wildlife is being im- comments regarding the burden esti- ported or otherwise acquired for a bona mate or any other aspect of these re- fide scientific, medical, educational, or porting requirements to the Service In- zoological exhibition purpose; formation Collection Control Officer, (2) Whether the facilities for holding MS–222 ARLSQ, U.S. Fish and Wildlife the wildlife in captivity have been in- Service, Washington, DC 20240, or the spected and approved, and consist of a Office of Management and Budget, Pa- basic cage or structure of a design and perwork Reduction Project (1018–0093), material adequate to prevent escape Washington, DC 20603. which is maintained inside a building or other facility of such structure that [39 FR 1169, Jan. 4, 1974, as amended at 47 FR the wildlife could not escape from the 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998] building or other facility after escap- ing from the cage or structure main- Subpart D—Additional Exemptions tained therein; (3) Whether the applicant is a respon- § 16.32 Importation by Federal agen- sible person who is aware of the poten- cies. tial dangers to public interests posed Nothing in this part shall restrict the by such wildlife, and who by reason of importation and transportation, with- his knowledge, experience, and facili- out a permit, of any live wildlife by ties reasonably can be expected to pro- Federal agencies solely for their own vide adequate protection for such pub- use, upon the filing of a written dec- lic interests; and laration with the District Director of (4) If such wildlife is to be imported Customs at the port of entry as re- or otherwise acquired for zoological or quired under § 14.61: Provided, That the aquarium exhibition purposes, whether provisions of this section shall not such exhibition or display will be open apply to bald and golden eagles or their to the public during regular appropriate hours. eggs, or to migratory birds or their (d) The Office of Management and eggs, the importations of which are Budget approved the information col- governed by regulations under parts 22 lection requirements contained in this and 21 of this chapter, respectively. part 16 under 44 U.S.C. 3507 and assigned OMB Control Number 1018–0093. § 16.33 Importation of natural-history specimens. The Service may not conduct or sponsor, and you are not required to re- Nothing in this part shall restrict the spond to, a collection of information importation and transportation, with- unless it displays a currently valid out a permit, of dead natural-history OMB control number. We are collecting specimens of wildlife or their eggs for this information to provide informa- museum or scientific collection pur- tion necessary to evaluate permit ap- poses: Provided, That the provisions of plications. We will use this informa- this section shall not apply to dead mi- tion to review permit applications and gratory birds, the importation of which make decisions, according to criteria is governed by regulations under parts established in various Federal wildlife 20 and 21 of this chapter; to dead game conservation statutes and regulations, mammals from Mexico, the importa- on the issuance, suspension, revocation of which is governed by regulation, or denial of permits. You must re- tions under part 14 of this chapter; or spond to obtain or retain a permit. We to dead bald and golden eagles or their estimate the public reporting burden eggs, the importation of which is gov- for these reporting requirements to av- erned by regulations under part 22 of erage 2 hours per response, including this chapter.

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