Title 50 Wildlife and Fisheries Parts 1 to 16

Home , Antillean euphonia, Apodinae, Azure gallinule, Bahama swallow, Blue mockingbird, Bumblebee hummingbird

Revised as of October 1, 2018

Containing a codification of documents of general applicability and future effect

As of October 1, 2018

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

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

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Page Explanation ...... v

Title 50:

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

Finding Aids:

Table of CFR Titles and Chapters ...... 113

Alphabetical List of Agencies Appearing in the CFR ...... 133

List of CFR Sections Affected ...... 143

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

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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2018), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Sep<11>2014 08:08 Nov 27, 2018 Jkt 244234 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\244234.XXX 244234 rmajette on DSKBCKNHB2PROD with CFR Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949- 1963, 1964-1972, 1973-1985, and 1986-2000. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published else- where. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

VerDate Sep<11>2014 08:08 Nov 27, 2018 Jkt 244234 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\244234.XXX 244234 rmajette on DSKBCKNHB2PROD with CFR An index to the text of ‘‘Title 3—The President’’ is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866- 512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS, Director, Office of the Federal Register October 1, 2018

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Title 50—FISH AND WILDLIFE is composed of thirteen volumes. The parts in these volumes are arranged in the following order: Parts 1–16; part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part (17.95(c) to (e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18–199, parts 200–227, parts 228–599, parts 600–659, and part 660 to end. The first nine volumes consist of parts 1–16, part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to (e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h), part 17 (17.99(i) to end of part 17), and parts 18–199 and contain the current regulations issued under chapter I—United States Fish and Wildlife Service, Department of the Interior. The tenth volume (parts 200–227) contains the current regulations issued under chapter II--the National Marine Fisheries Service, National Oceanic and Atmospheric Administration. The eleventh volume (parts 228–599) contains the remaining current regulations issued under chapter II—National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce; and the current regulations issued under chapter III—International Fishing and Related Activities, chapter IV—Joint Regulations (United States Fish and Wildlife Service, Depart- ment of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee regulations; and chapter V—Marine Mammal Commission. The twelfth and thirteenth volumes (parts 600–659 and part 660 to end) contain the current regulations issued under chapter VI—Fishery Conservation and Manage- ment, National Oceanic and Atmospheric Administration, Department of Com- merce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2018.

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

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

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

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(This book contains parts 1 to 16)

Part

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

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SUBCHAPTER A—GENERAL PROVISIONS

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

SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PUR- CHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS 10 General provisions...... 8 11 Civil procedures...... 30 12 Seizure and forfeiture procedures ...... 34 13 General permit procedures ...... 44 14 Importation, exportation, and transportation of wildlife ...... 57 15 Wild Bird Conservation Act ...... 86 16 Injurious wildlife...... 98

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

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

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Headquarters program Mail stop

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Subpart C—Addresses Law enforcement Region office telephone number § 10.21 Director. (a) Mail forwarded to the Director for 6 ...... 303–236–7540 7 ...... 907–786–3311 law enforcement purposes should be ad- 8 ...... 916–414–6660 dressed to Chief, Office of Law Enforce- ment, at the address provided at 50 (b) Any resident or official of a for- CFR 2.1(b). eign country may contact the Service’s (b) Mail sent to the Director regard- Headquarters Office of Law Enforce- ing permits for the Convention on ment at the address provided at 50 CFR International Trade in Endangered 2.1(b) or by telephone at 703–358–1949. Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird [78 FR 35151, June 12, 2013, as amended at 79 Conservation Act species, international FR 43964, July 29, 2014] movement of all ESA-listed endangered or threatened species, and scientific re- PART 11—CIVIL PROCEDURES search on, exhibition of, or interstate commerce in nonnative ESA-listed en- Subpart A—Introduction dangered and threatened species should be addressed to: Director, U.S. Fish and Sec. Wildlife Service, (Attention: Division 11.1 Purpose of regulations. of Management Authority), at the ad- 11.2 Scope of regulations. 11.3 Filing of documents. dress provided for the Division of Man- agement Authority at 50 CFR 2.1(b). Subpart B—Assessment Procedure Address mail for the following permits to the Regional Director. In the ad- 11.11 Notice of violation. dress include one of the following: for 11.12 Petition for relief. import/export licenses and exception to 11.13 Decision by the Director. designated port permits (Attention: 11.14 Notice of assessment. Import/export license); for native en- 11.15 Request for a hearing. dangered and threatened species (At- 11.16 Final administrative decision. tention: Endangered/threatened species 11.17 Payment of final assessment. permit); and for migratory birds and eagles (Attention: Migratory bird per- Subpart C—Hearing and Appeal mit office). You can find addresses for Procedures regional offices at 50 CFR 2.2. 11.21 Commencement of hearing procedures. [55 FR 48851, Nov. 23, 1990, as amended at 63 11.22 Appearance and practice. FR 52633, Oct. 1, 1998; 80 FR 26467, May 8, 11.23 Hearings. 2015] 11.24 Final administrative action. 11.25 Appeal. § 10.22 Law enforcement offices. 11.26 Reporting service. (a) Service law enforcement offices Subpart D—Civil Monetary Penalty Inflation are located in Service regional offices. Adjustments Regional office addresses are provided at 50 CFR 2.2. Mail should be addressed 11.31 Definitions. to ‘‘Special Agent in Charge, Office of 11.32 Purpose and scope. Law Enforcement, U.S. Fish and Wild- 11.33 Adjustments to penalties. life Service’’ at the appropriate re- 11.34 Subsequent adjustments. gional office address. Telephone num- AUTHORITY: 16 U.S.C. 470aa–470mm, 470aaa– bers for Service law enforcement of- 470aaa–11, 668–668d, 1361–1384, 1401–1407, 1531– fices follow: 1544, 3371–3378, 4201–4245, 4901–4916, 5201–5207, 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; Law enforcement Region office telephone and Sec. 107, Pub. L. 114–74, 129 Stat. 599, un- number less otherwise noted.

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

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

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of the charge and the Director’s allega- 45th calendar day from the date of the tions of facts, by filing a petition for notice of assessment. relief (hereinafter ‘‘petition’’) with the (b) If a request for a hearing is timely Director at the address specified in the filed in accordance with § 11.15, the date notice within 45 days of the date thereof the final administrative decision in of. The petition shall be in writing and the matter shall be as provided in sub- signed by the respondent. If the re- part C of this part. spondent is a corporation, the petition must be signed by an officer authorized § 11.17 Payment of final assessment. to sign such documents. It must set When a final administrative decision forth in full the legal or other reasons becomes effective in accordance with for the relief. this part 11, the respondent shall have 20 calendar days from the date of the § 11.13 Decision by the Director. final administrative decision within Upon expiration of the period re- which to make full payment of the pen- quired or granted for filing of a peti- alty assessed. Payment will be timely tion for relief, the Director shall pro- only if received in Office of the Direc- ceed to make an assessment of a civil tor during normal business hours, on or penalty, taking into consideration in- before the 20th day. Upon a failure to formation available to him and such pay the penalty, the Solicitor of the showing as may have been made by the Department may request the Attorney respondent, either pursuant to § 11.11 or General to institute a civil action in § 11.12, or upon further request of the the U.S. District Court to collect the Director. penalty. § 11.14 Notice of assessment. Subpart C—Hearing and Appeal The Director shall notify the re- Procedures spondent by a written notice of assessment, by personal service or by reg- § 11.21 Commencement of hearing procedures. istered or certified mail, return receipt requested, of his decision pursuant to Proceedings under this subpart are § 11.13. He shall set forth therein the commenced upon the timely filing with facts and conclusions upon which he the Hearings Division of a request for a decided that the violation did occur hearing, as provided in § 11.15 of sub- and appropriateness of the penalty as- part B. Upon receipt of a request for a sessed. hearing, the Hearings Division will assign an administrative law judge to the § 11.15 Request for a hearing. case. Notice of assignment will be Except where a right to request a given promptly to the parties, and hearing is deemed to have been waived thereafter, all pleadings, papers, and other documents in the proceeding as provided in § 11.11, the respondent shall be filed directly with the admin- may, within 45 calendar days from the istrative law judge, with copies served date of the notice of assessment re- on the opposing party. ferred to in § 11.14, file a dated, written request for a hearing with the Depart- § 11.22 Appearance and practice. mental Cases Hearings Division, Office of Hearings and Appeals, U.S. Depart- (a) Subject to the provisions of 43 ment of the Interior, 351 South West CFR 1.3, the respondent may appear in Temple, Suite 6.300, Salt Lake City, person, by representative, or by coun- Utah 84101. sel, and may participate fully in these proceedings. [81 FR 41865, June 28, 2016] (b) Department counsel designated by the Solicitor of the Department shall § 11.16 Final administrative decision. represent the Director in these pro- (a) Where no request for a hearing is ceedings. Upon notice to the Director filed as provided in § 11.15 the Direc- of the assignment of an administrative tor’s assessment shall become effective law judge to the case, said counsel and shall constitute the final adminis- shall enter his appearance on behalf of trative decision of the Secretary on the the Director and shall file all petitions

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and correspondence exchanged by the Appeals, shall appoint an ad hoc ap- Director and the respondent pursuant peals board to determine whether an to subpart B of this part, which shall appeal should be granted, and to hear become part of the hearing record. and decide an appeal. To the extent Thereinafter, service upon the Director they are not inconsistent herewith, the in these proceedings shall be made to provisions of subpart G of the Depart- his counsel. ment Hearings and Appeals Procedures in 43 CFR part 4 shall apply to appeal § 11.23 Hearings. proceedings under this subpart. The de- (a) The administrative law judge termination of the board to grant or shall have all powers accorded by law deny an appeal, as well as its decision and necessary to preside over the par- on the merits of an appeal, shall be in ties and the proceedings and to make writing and become effective as the decisions in accordance with 5 U.S.C. final administrative determination of 554–557. Failure to appear at the time the Secretary in the proceeding on the set for hearing shall be deemed a waiv- date it is rendered, unless otherwise er of the right to a hearing and consent specified therein. to the making of a decision on the [39 FR 1159, Jan. 4, 1974, as amended at 81 FR record made at the hearing. Copies of 41865, June 28, 2016] the transcript may be inspected or copied. § 11.26 Reporting service. (b) The transcript of testimony, the Copies of decisions in civil penalty exhibits, and all papers, documents, proceedings instituted under statutes and requests filed in the proceedings, referred to in subpart A of this part shall constitute the record for decision. and rendered subsequent to June 3, The judge will render a written deci- 1970, may be obtained by letter of re- sion upon the record, which shall set quest addressed to the Director, Office forth his findings of fact and conclu- of Hearings and Appeals, U.S. Depart- sions of law, and the reasons and basis ment of the Interior, 351 South West therefor, and an assessment of a pen- Temple, Suite 6.300, Salt Lake City, alty, if any. Utah 84101. Fees for this service shall be as established by the Director of § 11.24 Final administrative action. that Office. Unless a notice of request for an appeal is filed in accordance with § 11.25 [81 FR 41865, June 28, 2016] of this subpart C, the administrative law judge’s decision shall constitute Subpart D—Civil Monetary Penalty the final administrative determination Inflation Adjustments of the Secretary in the matter and shall become effective 30 calendar days SOURCE: 81 FR 41865, June 28, 2016, unless from the date of the decision. otherwise noted.

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

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§ 11.32 Purpose and scope. ment Act, of each civil monetary pen- The purpose of this part is to make alty provided by law within the juris- the inflation adjustment, described in diction of the U.S. Fish and Wildlife and required by the Inflation Adjust- Service.

§ 11.33 Adjustments to penalties. The civil monetary penalties provided by law within the jurisdiction of the U.S. Fish and Wildlife Service are adjusted as follows:

Maximum civil Law Citation Type of violation monetary penalty

(a) African Elephant Conservation 16 U.S.C. 4224(b) ...... Any violation ...... $10,260 Act. (b) Bald and Golden Eagle Pro- 16 U.S.C. 668(b) ...... Any violation ...... 12,964 tection Act. (c) Endangered Species Act of 16 U.S.C. 1540(a)(1) ...... (1) Knowing violation of section 51,302 1973. 1538. (2) Other knowing violation ...... 24,625 (3) Any other violation ...... 1,296 (d) Lacey Act Amendments of 16 U.S.C. 3373(a) ...... (1) Violations referred to in 16 25,928 1981. U.S.C. 3373(a)(1). (2) Violations referred to in 16 648 U.S.C. 3373(a)(2). (e) Marine Mammal Protection Act 16 U.S.C. 1375 ...... Any violation ...... 25,928 of 1972. (f) Recreational Hunting Safety 16 U.S.C. 5202(b) ...... (1) Violation involving use of force 16,499 Act of 1994. or violence or threatened use of force or violence. (2) Any other violation ...... 8,249 (g) Rhinoceros and Tiger Con- 16 U.S.C. 5305a(b)(2) ...... Any violation ...... 18,049 servation Act of 1998. (h) Wild Bird Conservation Act ..... 16 U.S.C. 4912(a)(1) ...... (1) Violation of section 4910(a)(1), 43,488 section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 4910(a)(3) 20,874 (3) Any other violation ...... 870

[81 FR 41865, June 28, 2016, as amended at 82 12.3 Definitions. FR 6308, Jan. 19, 2017; 83 FR 5951, Feb. 12, 12.4 Filing of documents. 2018] 12.5 Seizure by other agencies. 12.6 Bonded release. § 11.34 Subsequent adjustments. The Secretary of the Interior or his Subpart B—Preliminary Requirements or her designee will, every year after 12.11 Notification of seizure. August 1, 2016, make the inflation ad- 12.12 Appraisement. justment described in and required by the Inflation Adjustment Act of each Subpart C—Forfeiture Proceedings civil monetary penalty provided by law 12.21 Criminal prosecutions. and within the jurisdiction of the U.S. 12.22 Civil actions to obtain forfeiture. Fish and Wildlife Service. Each annual 12.23 Administrative forfeiture proceedings. adjustment will be reflected in the 12.24 Petition for remission of forfeiture. table in § 11.33. 12.25 Transfers in settlement of civil penalty claims.

PART 12—SEIZURE AND FORFEITURE Subpart D—Disposal of Forfeited or PROCEDURES Abandoned Property Subpart A—General Provisions 12.30 Purpose. 12.31 Accountability. Sec. 12.32 Effect of prior illegality. 12.1 Purpose of regulations. 12.33 Disposal. 12.2 Scope of regulations. 12.34 Return to the wild.

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

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

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

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

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

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

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

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

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§ 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 Solicitor shall consider the informa- or interest therein which has been for- tion submitted by the petitioner, as feited under the Endangered Species well as any other available information Act, 16 U.S.C. 1531 et seq.; Eagle Protec- relating to the matter. tion Act, 16 U.S.C. 668 et seq.; Airborne (f) If the Solicitor finds the existence Hunting Act, 16 U.S.C. 742j–1; or the of such mitigating circumstances as to Lacey Act Amendments of 1981, 16 justify restoration of the proceeds or U.S.C. 3371 et seq., and sold according to any part thereof and that the peti- law, or any person claiming cargo or an tioner did not know of the seizure be- interest therein, of a vessel or other fore the declaration or order of for- conveyance employed in unlawful tak- feiture and was in such circumstances ing which has been forfeited under the as prevented the petitioner from know- Marine Mammal Protection Act, 16 ing of the same, the Solicitor may U.S.C. 1361 et seq., and sold according to order the proceeds or any part thereof law, may file with the Solicitor or, restored to the petitioner, after deduct- where forfeiture proceedings have been ing from such proceeds the costs of sei- brought in U.S. District Court, the At- zure, storage, forfeiture and disposi- torney General, a petition for restoration, the duties, if any, accruing on the tion of proceeds. seized property, and any sum due on a (b) A petition filed with the Solicitor lien for freight, charges, or contribu- need not be in any particular form, but tion in general average, notice of which it must be received within three has been filed with the Solicitor ac- months after the date of sale of the cording to law. property and must contain the fol- (g) If the Solicitor decides that relief lowing: should not be granted, the Solicitor (1) A description of the property; shall so notify the petitioner in writ- (2) The time and place of seizure; ing, stating in the notification the rea- (3) Evidence of the petitioner’s inter- sons for denying relief. The petitioner est in the property, including con- may then file a supplemental petition, tracts, bills of sale, invoices, security but no supplemental petition shall be interests, certificates of title, and considered unless it is received within other satisfactory evidence; 60 days from the date of the Solicitor’s (4) A request for restoration of the notification denying the original peti- proceeds or such part thereof as is tion. claimed by the petitioner; and [45 FR 17864, Mar. 19, 1980, as amended at 47 (5) A statement of all facts and cir- FR 56861, Dec. 21, 1982] cumstances relied upon by the petitioner to justify restoration of the pro- § 12.42 Recovery of certain storage ceeds, including proof that the peti- costs. tioner did not know of the seizure be- If any wildlife, plant, or evidentiary fore the declaration or order of for- item is seized and forfeited under the feiture and was in such circumstances Endangered Species Act, 16 U.S.C. 1531 as prevented the petitioner from know- et seq., any person whose act or omis- ing of the same. sion was the basis for the seizure may (c) The petition shall be signed by be charged a reasonable fee for ex- the petitioner or the petitioner’s attor- penses to the United States connected ney at law. If the petitioner is a cor- with the transfer, board, handling, or poration, the petition must be signed storage of such property. If any fish, by an authorized officer, supervisory wildlife or plant is seized in connection employee, or attorney at law, and the with a violation of the Lacey Act corporate seal shall be properly affixed Amendments of 1981, 16 U.S.C. 3371, et to the signature. seq., any person convicted thereof, or (d) A false statement in the petition assessed a civil penalty therefor, may may subject the petitioner to prosecu- be assessed a reasonable fee for ex- tion under title 18, U.S. Code, section penses of the United States connected 1001. with the storage, care and maintenance

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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. 13.5 Information collection requirements. quested, a bill for such fee. The bill shall contain an itemized statement of Subpart B—Application for Permits the applicable costs, together with instructions 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 sec- Subpart C—Permit Administration tion who has an objection to the rea- 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. 13.24 Right of succession by certain persons. ten objections with the Regional Direc- 13.25 Transfer of permits and scope of per- tor of the Fish and Wildlife Service for mit authorization. the Region in which the seizure oc- 13.26 Discontinuance of permit activity. curred. Upon receipt of the written ob- 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. 13.44 Display of permit. [47 FR 56861, Dec. 21, 1982] 13.45 Filing of reports. 13.46 Maintenance of records. Subpart F—Return of Property 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. § 12.51 Return procedure. 13.49 Surrender of permit. 13.50 Acceptance of liability. If, at the conclusion of the appropriate proceedings, seized property is AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901– to be returned to the owner or con- 4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. signee, the Solicitor or Service shall 9701. issue a letter or other document authorizing its return. This letter or SOURCE: 39 FR 1161, Jan. 4, 1974, unless otherwise noted. other document shall be delivered personally or sent by registered or certified mail, return receipt requested, Subpart A—Introduction and shall identify the owner or con- § 13.1 General. signee, the seized property, and, if appropriate, the bailee of the seized prop- (a) A person must obtain a valid per- erty. It shall also provide that upon mit before commencing an activity for presentation of the letter or other doc- which a permit is required by this sub- ument and proper identification, and chapter, except as provided in § 23.53 of the signing of a receipt provided by the this subchapter for retrospective per- Service, the seized property is author- mits for certain CITES shipments ized to be released, provided it is prop- under very specific situations. erly marked in accordance with appli- (b) A person must apply for such a cable State or Federal requirements. permit under the general permit procedures of this part and any other regula- PART 13—GENERAL PERMIT tions in this subchapter that apply to the proposed activity. PROCEDURES (1) The requirements of all applicable parts of this subchapter must be met. Subpart A—Introduction (2) A person may submit one applica- Sec. tion that includes the information re- 13.1 General. quired in each part of this subchapter,

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and a single permit will be issued if ap- and you are not required to respond, to propriate. a collection of information unless it displays a currently valid OMB control [72 FR 48445, Aug. 23, 2007] number. We are collecting this infor- § 13.2 Purpose of regulations. mation to provide information necessary to evaluate permit applications. The regulations contained in this We will use this information to review part provide uniform rules, conditions, permit applications and make deci- and procedures for the application for sions, according to criteria established and the issuance, denial, suspension, revocation, and general administration in various Federal wildlife conserva- of all permits issued pursuant to this tion statutes and regulations, on the subchapter B. issuance, suspension, revocation, or denial permits. You must respond to ob- [54 FR 38147, Sept. 14, 1989] tain or retain a permit. (b) We estimate the public reporting § 13.3 Scope of regulations. burden for these reporting require- The provisions in this part are in ad- ments to vary from 15 minutes to 4 dition to, and are not in lieu of, other hours per response, with an average of permit regulations of this subchapter 0.803 hours per response, including time and apply to all permits issued therefor reviewing instructions, gathering under, including ‘‘Importation, Expor- and maintaining data, and completing tation and Transportation of Wildlife’’ and reviewing the forms. Direct com- (part 14), ‘‘Wild Bird Conservation Act’’ ments regarding the burden estimate (part 15), ‘‘Injurious Wildlife’’ (part 16), or any other aspect of these reporting ‘‘Endangered and Threatened Wildlife requirements to the Service Informa- and Plants’’ (part 17), ‘‘Marine Mam- tion Collection Control Officer, MS–222 mals’’ (part 18), ‘‘Migratory Bird Per- ARLSQ, U.S. Fish and Wildlife Service, mits’’ (part 21), ‘‘Eagle Permits’’ (part Washington, DC 20240, or the Office of 22), and ‘‘ Convention on International Management and Budget, Paperwork Trade in Endangered Species of Wild Reduction Project (1018–0092), Wash- Fauna and Flora (CITES)’’ (part 23). As ington, DC 20603. used in this part 13, the term ‘‘permit’’ will refer to a license, permit, certifi- [63 FR 52634, Oct. 1, 1998] cate, letter of authorization, or other document as the context may require, Subpart B—Application for Permits and to all such documents issued by the Service or other authorized U.S. or § 13.11 Application procedures. foreign government agencies. The Service may not issue a permit [70 FR 18317, Apr. 11, 2005, as amended at 79 for any activity authorized by this sub- FR 30417, May 27, 2014] chapter B unless you have filed an application under the following proce- § 13.4 Emergency variation from re- dures: quirements. (a) Forms. Applications must be sub- The Director may approve variations mitted in writing on a Federal Fish from the requirements of this part and Wildlife License/Permit Applica- when he finds that an emergency exists tion (Form 3–200) or as otherwise spe- and that the proposed variations will cifically directed by the Service. not hinder effective administration of (b) Forwarding instructions. Applica- this subchapter B, and will not be un- tions for permits in the following cat- lawful. egories should be forwarded to the issuing office indicated below. § 13.5 Information collection require- (1) You may obtain applications for ments. migratory bird banding permits (50 (a) The Office of Management and CFR 21.22) by writing to: Bird Banding Budget approved the information col- Laboratory, USGS Patuxent Wildlife lection requirements contained in this Research Center, 12100 Beech Forest part 13 under 44 U.S.C. and assigned Road, Laurel, Maryland 20708–4037. OMB Control Number 1018–0092. The Submit completed permit applications Service may not conduct or sponsor, to the same address.

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(2) You may obtain applications for the lead Region via the Service’s En- designated port exception permits and dangered Species Program Web page import/export licenses (50 CFR 14) by (http://endangered.fws.gov/wildlife.html) writing to the Special Agent in Charge by entering the common or scientific (SAC) of the Region in which you re- name of the listed species in the Regu- side (see 50 CFR 2.2 or the Service Web latory Profile query box. Send inter- site, http://www.fws.gov, for addresses state commerce permit applications for and boundaries of the Regions). Submit native listed species to the same Re- completed permit applications to the gional Office that has the lead for that same address. species. Endangered Species Act permit (3) You may obtain applications for applications for the import or export of Wild Bird Conservation Act permits (50 native endangered and threatened spe- CFR part 15); injurious wildlife permits cies may be obtained from the Division (50 CFR part 16); captive-bred wildlife of Management Authority in accord- registrations (50 CFR part 17); permits ance with paragraph (b)(3) of this sec- authorizing import, export, or foreign tion. commerce of endangered and threat- (5) You may obtain applications for ened species, and interstate commerce bald and golden eagle permits (50 CFR of nonnative endangered or threatened part 22) and migratory bird permits (50 species (50 CFR part 17); marine mam- CFR part 21), except for banding and mal permits (50 CFR part 18); and per- marking permits, from, and you may mits and certificates for import, ex- submit completed applications to, the port, and re-export of species listed ‘‘Migratory Bird Permit Program Of- under the Convention on International fice’’ in the Region in which you reside. Trade in Endangered Species of Wild For addresses of the regional offices, Fauna and Flora (CITES) (50 CFR part 23) from the Service’s permits Web see 50 CFR 2.2, or go to: http:// page at http://www.fws.gov/permits/ or www.fws.gov/migratorybirds/mbpermits/ from the Division of Management Au- Addresses.html. thority at the address provided at 50 (c) Time notice. The Service will proc- CFR 2.1(b). Submit completed permit ess all applications as quickly as pos- applications to the same street ad- sible. However, we cannot guarantee dress. final action within the time limit you (4) You may obtain Endangered Spe- request. You should ensure that appli- cies Act permit applications (50 CFR cations for permits for marine mam- 17) for activities involving native en- mals and/or endangered and threatened dangered and threatened species, in- species are postmarked at least 90 cal- cluding incidental take, scientific pur- endar days prior to the requested effec- poses, enhancement of propagation or tive date. The time we require for proc- survival (i.e., recovery), and enhance- essing of endangered and threatened ment of survival by writing to the Re- species incidental take permits will gional Director (Attention: Endangered vary according to the project scope and Species Permits) of the Region where significance of effects. Submit applica- the activity is to take place (see 50 tions for all other permits to the CFR 2.2 or the Service Web site, http:// issuing/reviewing office and ensure www.fws.gov, for addresses and bound- they are postmarked at least 60 cal- aries of the Regions). Submit com- endar days prior to the requested effec- pleted applications to the same address tive date. Our processing time may be (the Regional office covering the area increased by the procedural require- where the activity will take place). ments of the National Environmental Permit applications for interstate com- Policy Act (NEPA), the requirement to merce for native endangered and publish a notice in the FEDERAL REG- threatened species should be obtained ISTER requesting a 30-day public com- by writing to the Regional Director ment period when we receive certain (Attention: Endangered Species Per- types of permit applications, and/or the mits) of the Region that has the lead time required for extensive consulta- for the particular species, rather than tion within the Service, with other the Region where the activity will take Federal agencies, and/or State or for- place. You can obtain information on eign governments. When applicable, we

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may require permit applicants to pro- charge the highest single fee for the ac- vide additional information on the pro- tivity permitted. posal and on its environmental effects (3) Circumstances under which we as may be necessary to satisfy the pro- will not charge a permit application cedural requirements of NEPA. fee are as follows: (d) Fees. (1) Unless otherwise exempt- (i) We will not charge a permit appli- ed under this paragraph (d), you must cation fee to any Federal, tribal, State, pay the required permit processing fee or local government agency or to any at the time that you apply for issuance individual or institution acting on be- or amendment of a permit. You must half of such agency. Except as other- pay in U.S. dollars. If you submit a wise authorized or waived, if you fail to check or money order, it must be made submit evidence of such status with your application, we will require the payable to the ‘‘U.S. Fish and Wildlife submission of all processing fees prior Service.’’ The Service will not refund to the acceptance of the application for any application fee under any cir- processing. cumstances if we have processed the (ii) As noted in paragraph (d)(4) of application. However, we may return this section. the application fee if you withdraw the (iii) We may waive the fee on a case- application before we have signifi- by-case basis for extraordinary extenu- cantly processed it. ating circumstances provided that the (2) If regulations in this subchapter issuing permit office and a Regional or require more than one type of permit Assistant Director approves the waiv- for an activity and the permits are er. issued by the same office, the issuing (4) User fees. The following table iden- office may issue one consolidated per- tifies specific fees for each permit ap- mit authorizing the activity in accord- plication or amendment to a current ance with § 13.1. You may submit a sin- permit. If no fee is identified under the gle application in such cases, provided Amendment Fee column, this par- that the single application contains all ticular permit either cannot be amend- the information required by the sepa- ed and a new application, and applica- rate applications for each permitted tion fee, would need to be submitted or activity. Where more than one per- no fee will be charged for amending the mitted activity is consolidated into permit (please contact the issuing of- one permit, the issuing office will fice for further information).

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

Migratory Bird Treaty Act

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

Bald and Golden Eagle Protection Act

Eagle Scientific Collecting ...... 50 CFR part 22 ...... 100 ...... 50 Eagle Exhibition ...... 50 CFR part 22 ...... 75. Eagle—Native American Religion ...... 50 CFR part 22 ...... No fee. Eagle Take permits—Depredation and Protection 50 CFR part 22 ...... 100. of Health and Safety. Golden Eagle Nest Take ...... 50 CFR part 22 ...... 100 ...... 50

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

Eagle Transport—Scientific or Exhibition ...... 50 CFR part 22 ...... 75. Eagle Transport—Native American Religious Pur- 50 CFR part 22 ...... No fee. poses. Eagle Incidental Take—Up to 5 years, Commercial 50 CFR part 22 ...... 2,500 ...... 500 Eagle Incidental Take—Non-commercial ...... 50 CFR part 22 ...... 500 ...... 150 Eagle Incidental Take—5–30 years ...... 50 CFR part 22 ...... 36,000 ...... 1 8,000 Eagle Incidental Take—Transfer of a permit ...... 50 CFR part 22 ...... 1,000. Eagle Nest Take—Single nest, Commercial ...... 50 CFR part 22 ...... 2,500 ...... 500 Eagle Nest Take—Single nest, Non-commercial .... 50 CFR part 22 ...... 500 ...... 150 Eagle Nest Take—Multiple nests ...... 50 CFR part 22 ...... 5,000 ...... 500 Eagle Take—Exempted under ESA ...... 50 CFR part 22 ...... No fee. Endangered Species Act/CITES/Lacey Act

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

Wild Bird Conservation Act (WBCA)

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

Marine Mammal Protection Act

Marine Mammal Public Display ...... 50 CFR part 18 ...... 300 ...... 150 Marine Mammal Scientific Research/Enhancement/ 50 CFR part 18 ...... 150 ...... 75 Registered Agent or Tannery.

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

—Renewal of Marine Mammal Scientific Research/ 50 CFR part 18 ...... 75 ...... Enhancement/Registered Agent or Tannery. 1 An additional Administration Fee of $8,000 will be assessed every 5 years for permits with durations longer than 5 years for permit review. 2 Each. 3 Per animal. 4 Per species.

(5) We will charge a fee for sub- zip code; and mailing address if dif- stantive amendments made to permits ferent from street address); home and within the time period that the permit work telephone numbers; and, if avail- is still valid. The fee is generally half able, a fax number and e-mail address, the original fee assessed at the time and: that the permit is processed; see para- (i) If the applicant resides or is lo- graph (d)(4) of this section for the exact cated outside the United States, an ad- amount. Substantive amendments are dress in the United States, and, if con- those that pertain to the purpose and ducting commercial activities, the conditions of the permit and are not name and address of his or her agent purely administrative. Administrative that is located in the United States; changes, such as updating name and and address information, are required (ii) If the applicant is an individual, under 13.23(c), and we will not charge a the date of birth, social security num- fee for such amendments. ber, if available, occupation, and any (6) Except as specifically noted in business, agency, organizational, or in- paragraph (d)(4) of this section, a per- stitutional affiliation associated with mit renewal is an issuance of a new the wildlife or plants to be covered by permit, and applicants for permit re- the license or permit; or newal must pay the appropriate fee (iii) If the applicant is a business, listed in paragraph (d)(4) of this sec- corporation, public agency, or institution. tion, the tax identification number; de- (e) Abandoned or incomplete applica- scription of the type of business, cor- tions. If we receive an incomplete or poration, agency, or institution; and improperly executed application, or if the name and title of the person re- you do not submit the proper fees, the sponsible for the permit (such as presi- issuing office will notify you of the de- dent, principal officer, or director); ficiency. If you fail to supply the cor- (2) Location where the requested per- rect information to complete the appli- mitted activity is to occur or be con- cation or to pay the required fees with- ducted; in 45 calendar days of the date of notification, we will consider the applica- (3) Reference to the part(s) and section abandoned. We will not refund any tion(s) of this subchapter B as listed in fees for an abandoned application. paragraph (b) of this section under which the application is made for a [70 FR 18317, Apr. 11, 2005, as amended at 72 permit or permits, together with any FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, additional justification, including sup- 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, porting documentation as required by Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; the referenced part(s) and section(s); 79 FR 43964, July 29, 2014; 81 FR 8002, Feb. 17, (4) If the requested permitted activ- 2016; 82 FR 41177, Aug. 30, 2017] ity involves the import or re-export of wildlife or plants from or to any for- § 13.12 General information require- eign country, and the country of ori- ments on applications for permits. gin, or the country of export or re-ex- (a) General information required for all port restricts the taking, possession, applications. All applications must con- transportation, exportation, or sale of tain the following information: wildlife or plants, documentation as in- (1) Applicant’s full name and address dicated in § 14.52(c) of this subchapter (street address, city, county, state, and B;

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(5) Certification in the following lan- Type of permit Section guage: Migratory bird permits: I hereby certify that I have read and am fa- Banding or marking ...... 21.22 miliar with the regulations contained in Scientific collecting ...... 21.23 title 50, part 13, of the Code of Federal Regu- Taxidermist ...... 21.24 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: Scientific or exhibition ...... 22.21 derstand that any false statement herein 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 Take of golden eagle nests ...... 22.25 (6) Desired effective date of permit Eagle take—Associated with but not the except where issuance date is fixed by purpose of an activity ...... 22.26 Eagle nest take ...... 22.27 the part under which the permit is Eagle take—Exempted under ESA ...... 22.28 issued; (7) Date; [39 FR 1161, Jan. 4, 1974, as amended at 42 FR (8) Signature of the applicant; and 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; (9) Such other information as the Di- 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. rector determines relevant to the proc- 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, essing of the application, including, Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR but not limited to, information on the 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; environmental effects of the activity 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. consistent with 40 CFR 1506.5 and De- 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR partmental procedures at 516 DM 6, Ap- 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; pendix 1.3A. 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. 11, 2009; 79 FR 30417, May 27, 2014] (b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section, certain ad- Subpart C—Permit Administration ditional information is required on all § 13.21 Issuance of permits. permit applications. For CITES permit applications, see part 23 of this sub- (a) No permit may be issued prior to chapter. Additional information re- the receipt of a written application quired on applications for other types therefor, unless a written variation of permits may be found by referring to from the requirements, as authorized the sections of this subchapter cited in by § 13.4, is inserted into the official file the following table: of the Bureau. An oral or written rep- resentation of an employee or agent of Type of permit Section the United States Government, or an Importation at nondesignated ports: action of such employee or agent, shall Scientific ...... 14.31 not be construed as a permit unless it Deterioration prevention ...... 14.32 meets the requirements of a permit as Economic hardship ...... 14.33 Marking of package or container: defined in 50 CFR 10.12. Symbol marking ...... 14.83 (b) Upon receipt of a properly exe- Import/export license ...... 14.93 cuted application for a permit, the Di- Feather import quota: Importation or entry ...... 15.21 rector shall issue the appropriate per- Injurious wildlife: Importation or shipment ...... 16.22 Endangered wildlife and plant permits: mit unless: Similarity of appearance ...... 17.52 (1) The applicant has been assessed a Scientific, enhancement of propagation or civil penalty or convicted of any crimi- survival, incidental taking for wildlife ...... 17.22 Scientific, propagation, or survival for plants 17.62 nal provision of any statute or regula- Economic hardship for wildlife ...... 17.23 tion relating to the activity for which Economic hardship for plants ...... 17.63 the application is filed, if such assess- Threatened wildlife and plant permits: Similarity of appearance ...... 17.52 ment or conviction evidences a lack of General for wildlife ...... 17.32 responsibility. General for plants ...... 17.72 (2) The applicant has failed to dis- Marine mammals permits: Scientific research ...... 18.31 close material information required, or Public display ...... 18.31 has made false statements as to any

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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 the following will disqualify a person (e) Conditions of issuance and accept- from receiving permits issued under ance—(1) Conditions of issuance and ac- this part. ceptance. Any permit automatically in- (1) A conviction, or entry of a plea of corporates within its terms the condi- guilty or nolo contendere, for a felony tions and requirements of subpart D of violation of the Lacey Act, the Migra- this part and of any part(s) or sec- tory Bird Treaty Act, or the Bald and tion(s) specifically authorizing or gov- Golden Eagle Protection Act disquali- erning the activity for which the per- fies any such person from receiving or mit is issued, as well as any other con- exercising the privileges of a permit, ditions deemed appropriate and in- unless such disqualification has been cluded on the face of the permit at the expressly waived by the Director in re- discretion of the Director. sponse to a written petition. (2) Any person accepting and holding (2) The revocation of a permit for a permit under this subchapter B ac- reasons found in § 13.28 (a)(1) or (a)(2) knowledges the necessity for close reg- disqualifies any such person from re- ulation and monitoring of the per- ceiving or exercising the privileges of a mitted activity by the Government. By similar permit for a period of five years accepting such permit, the permittee from the date of the final agency deci- consents to and shall allow entry by sion on such revocation. agents or employees of the Service (3) The failure to pay any required upon premises where the permitted ac- fees or assessed costs and penalties, tivity is conducted at any reasonable whether or not reduced to judgement disqualifies such person from receiving hour. Service agents or employees may or exercising the privileges of a permit enter such premises to inspect the lo- as long as such moneys are owed to the cation; any books, records, or permits United States. This requirement shall required to be kept by this subchapter not apply to any civil penalty pres- B; and any wildlife or plants kept ently subject to administrative or judi- under authority of the permit. cial appeal; provided that the pendency (f) Term of permit. Unless otherwise of a collection action brought by the modified, a permit is valid during the United States or its assignees shall not period specified on the face of the per- constitute an appeal within the mean- mit. Such period shall include the ef- ing of this subsection. fective date and the date of expiration. (4) The failure to submit timely, ac- (g) Denial. The issuing officer may curate, or valid reports as required deny a permit to any applicant who may disqualify such person from re- fails to meet the issuance criteria set ceiving or exercising the privileges of a forth in this section or in the part(s) or permit as long as the deficiency exists. section(s) specifically governing the (d) Use of supplemental information. activity for which the permit is re- The issuing officer, in making a deter- quested. mination under this subsection, may use any information available that is [39 FR 1161, Jan. 4, 1974, as amended at 42 FR relevant to the issue. This may include 32377, June 24, 1977; 47 FR 30785, July 15, 1982; any prior conviction, or entry of a plea 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. of guilty or nolo contendere, or assess- 11, 2005]

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§ 13.22 Renewal of permits. through (d) of this subchapter shall be consistent with the requirements of (a) Application for renewal. Applicants § 17.22(b)(5), (c)(5) and (d)(5) or for renewal of a permit must submit a § 17.32(b)(5), (c)(5) and (d)(5) of this sub- written application at least 30 days chapter, respectively. prior to the expiration date of the per- (c) Change of name or address. A permit. Applicants must certify in the mittee is not required to obtain a new form required by § 13.12(a)(5) that all permit if there is a change in the legal statements and information in the individual or business name, or in the original application remain current mailing address of the permittee. A and correct, unless previously changed permittee is required to notify the or corrected. If such information is no issuing office within 10 calendar days longer current or correct, the applicant of such change. This provision does not must provide corrected information. authorize any change in location of the (b) Renewal criteria. The Service shall conduct of the permitted activity when issue a renewal of a permit if the appli- approval of the location is a qualifying cant meets the criteria for issuance in condition of the permit. § 13.21(b) and is not disqualified under § 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 § 13.24 Right of succession by certain permit may continue the activities au- persons. thorized by the expired permit until the Service acts on the application for (a) Certain persons other than the renewal if all of the following condi- permittee are authorized to carry on a tions are met: permitted activity for the remainder of (1) The permit is currently in force the term of a current permit, provided and not suspended or revoked; they comply with the provisions of (2) The person has complied with this paragraph (b) of this section. Such per- section; and sons are the following: (3) The permit is not a CITES docu- (1) The surviving spouse, child, ex- ment that was issued under part 23 of ecutor, administrator, or other legal this subchapter (because the CITES representative of a deceased permittee; document is void upon expiration). or (d) Denial. The issuing officer may (2) A receiver or trustee in bank- deny renewal of a permit to any appli- ruptcy or a court designated assignee cant who fails to meet the issuance cri- for the benefit of creditors. (b) In order to qualify for the author- teria set forth in § 13.21 of this part, or ization provided in this section, the in the part(s) or section(s) specifically person or persons desiring to continue governing the activity for which the the activity shall furnish the permit to renewal is requested. the issuing officer for endorsement [54 FR 38148, Sept. 14, 1989, as amended at 72 within 90 days from the date the suc- FR 48446, Aug. 23, 2007] cessor begins to carry on the activity. (c) In the case of permits issued § 13.23 Amendment of permits. under § 17.22(b) through (d) or § 17.32(b) (a) Permittee’s request. Where cir- through (d) or permits issued under cumstances have changed so that a per- § 22.26 of this subchapter B, the succes- mittee desires to have any condition of sor’s authorization under the permit is his permit modified, such permittee also subject to our determination that: must submit a full written justifica- (1) The successor meets all of the tion and supporting information in qualifications under this part for hold- conformity with this part and the part ing a permit; under which the permit was issued. (2) The successor has provided ade- (b) The Service reserves the right to quate written assurances that it will amend any permit for just cause at any provide sufficient funding for any ap- time during its term, upon written plicable conservation measures, con- finding of necessity, provided that any servation plan, or Agreement and will such amendment of a permit issued implement the relevant terms and con- under § 17.22(b) through (d) or § 17.32(b) ditions of the permit, including any

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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 we determine is tion of the permittee and the permit relevant to the processing of the re- provides that such person(s) may carry quest. out the authorized activity; or [64 FR 32711, June 17, 1999, as amended at 78 (2) The person has been issued a per- FR 73725, Dec. 9, 2013] mit by the governmental entity or has executed a written instrument with the § 13.25 Transfer of permits and scope governmental entity, pursuant to the of permit authorization. terms of the implementing agreement. (a) Except as otherwise provided for (f) In the case of permits issued under in this section, permits issued under § 22.26 of this subchapter B to a Fed- this part are not transferable or assign- eral, State, tribal, or local govern- able. mental entity, a person is under the di- (b) Permits issued under § 17.22(b) rect control of the permittee if the per- through (d) or § 17.32(b) through (d) or son is under the jurisdiction of the per- permits issued under § 22.26 of this sub- mittee, provided the permittee has the chapter B may be transferred in whole regulatory authority to require the or in part through a joint submission person to comply with the terms and by the permittee and the proposed conditions of the permit and the per- transferee, or in the case of a deceased mit provides that such person(s) may permittee, the deceased permittee’s carry out the authorized activity. legal representative and the proposed transferee, provided we determine that: [64 FR 32711, June 17, 1999, as amended at 64 (1) The proposed transferee meets all FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, of the qualifications under this part for 2004; 78 FR 73725, Dec. 9, 2013] holding a permit; (2) The proposed transferee has pro- § 13.26 Discontinuance of permit activity. vided adequate written assurances of sufficient funding for the conservation When a permittee, or any successor measures, conservation plan, or Agree- to a permittee as provided for by § 13.24, ment, and will implement the relevant discontinues activities authorized by a terms and conditions of the permit, in- permit, the permittee shall within 30 cluding any outstanding minimization calendar days of the discontinuance re- and mitigation requirements; and turn the permit to the issuing office to- (3) The proposed transferee has pro- gether with a written statement sur- vided other information that we deter- rendering the permit for cancellation. mine is relevant to the processing of The permit shall be deemed void and the submission. cancelled upon its receipt by the (c) In the case of the transfer of lands issuing office. No refund of any fees subject to an agreement and permit paid for issuance of the permit or for issued under § 17.22(c) or (d) or § 17.32 (c) any other fees or costs associated with or (d) of this subchapter B, the Service a permitted activity shall be made will transfer the permit to the new when a permit is surrendered for can- owner if the new owner agrees in writ- cellation for any reason prior to the ex- ing to become a party to the original piration date stated on the face of the agreement and permit. permit. (d) Except as otherwise stated on the face of the permit, any person who is [54 FR 38149, Sept. 14, 1989] under the direct control of the permittee, or who is employed by or under § 13.27 Permit suspension. contract to the permittee for purposes (a) Criteria for suspension. The privi- authorized by the permit, may carry leges of exercising some or all of the out the activity authorized by the per- permit authority may be suspended at mit. any time if the permittee is not in (e) In the case of permits issued compliance with the conditions of the under § 17.22(b)–(d) or § 17.32(b)–(d) of permit, or with any applicable laws or this subchapter to a State or local gov- regulations governing the conduct of

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the permitted activity. The issuing of- (2) The permittee fails within 60 days ficer may also suspend all or part of to correct deficiencies that were the the privileges authorized by a permit if cause of a permit suspension; or the permittee fails to pay any fees, (3) The permittee becomes disquali- penalties or costs owed to the Govern- fied under § 13.21(c) of this part; or ment. Such suspension shall remain in (4) A change occurs in the statute or effect until the issuing officer deter- regulation authorizing the permit that mines that the permittee has corrected prohibits the continuation of a permit the deficiencies. issued by the Service; or (b) Procedure for suspension. (1) When (5) Except for permits issued under the issuing officer believes there are § 17.22(b) through (d) or § 17.32(b) valid grounds for suspending a permit through (d) of this subchapter, the pop- the permittee shall be notified in writ- ulation(s) of the wildlife or plant that ing of the proposed suspension by cer- is the subject of the permit declines to tified or registered mail. This notice the extent that continuation of the shall identify the permit to be sus- permitted activity would be detri- pended, the reason(s) for such suspen- mental to maintenance or recovery of sion, the actions necessary to correct the affected population. the deficiencies, and inform the per- (b) Procedure for revocation. (1) When mittee of the right to object to the pro- 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 procedures for requesting reconsider- the objection period. The issuing offi- ation. cer shall notify the permittee in writ- [54 FR 38149, Sept. 14, 1989] ing of the Service’s decision and the reasons therefore, together with the in- § 13.28 Permit revocation. formation concerning the right to re- (a) Criteria for revocation. A permit quest and the procedures for requesting may be revoked for any of the fol- reconsideration. lowing reasons: (4) Unless a permittee files a timely (1) The permittee willfully violates request for reconsideration, any wild- any Federal or State statute or regula- life held under authority of a permit tion, or any Indian tribal law or regu- that is revoked must be disposed of in lation, or any law or regulation of any accordance with instructions of the foreign country, which involves a vio- issuing officer. If a permittee files a lation of the conditions of the permit timely request for reconsideration of a or of the laws or regulations governing proposed revocation, such permittee the permitted activity; or may retain possession of any wildlife

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

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the final administrative decision of the less the regulations of this subchapter Department of the Interior. B or the provisions of the permit set [54 FR 38149, Sept. 14, 1989] forth other reporting requirements. § 13.46 Maintenance of records. Subpart D—Conditions From the date of issuance of the per- § 13.41 Humane conditions. mit, the permittee shall maintain com- Any live wildlife possessed under a plete and accurate records of any tak- permit must be maintained under hu- ing, possession, transportation, sale, mane and healthful conditions. purchase, barter, exportation, or importation of plants obtained from the [54 FR 38150, Sept. 14, 1989] wild (excluding seeds) or wildlife pursu- § 13.42 Permits are specific. ant to such permit. Such records shall be kept current and shall include The authorizations on the face of a names and addresses of persons with permit that set forth specific times, whom any plant obtained from the wild dates, places, methods of taking or car- (excluding seeds) or wildlife has been rying out the permitted activities, purchased, sold, bartered, or otherwise numbers and kinds of wildlife or plants, location of activity, and associ- transferred, and the date of such trans- ated activities that must be carried action, and such other information as out; describe certain circumscribed may be required or appropriate. Such transactions; or otherwise allow a spe- records shall be legibly written or re- cifically limited matter, are to be producible in English and shall be strictly interpreted and will not be in- maintained for five years from the date terpreted to permit similar or related of expiration of the permit. Permittees matters outside the scope of strict con- who reside or are located in the United struction. States and permittees conducting commercial activities in the United States [70 FR 18320, Apr. 11, 2005] who reside or are located outside the § 13.43 Alteration of permits. United States must maintain records at a location in the United States Permits shall not be altered, erased, where the records are available for in- or mutilated, and any permit which spection. has been altered, erased, or mutilated shall immediately become invalid. Un- [39 FR 1161, Jan. 4, 1974, as amended at 42 FR less specifically permitted on the face 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; thereof, no permit shall be copied, nor 72 FR 48446, Aug. 23, 2007] shall any copy of a permit issued pursuant to this subchapter B be dis- § 13.47 Inspection requirement. played, offered for inspection, or other- Any person holding a permit under wise used for any official purpose for this subchapter B shall allow the Di- which the permit was issued. rector’s agent to enter his premises at any reasonable hour to inspect any § 13.44 Display of permit. wildlife or plant held or to inspect, Any permit issued under this part audit, or copy any permits, books, or shall be displayed for inspection upon records required to be kept by regula- request to the Director or his agent, or tions of this subchapter B. to any other person relying upon its existence. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977] § 13.45 Filing of reports. Permittees may be required to file § 13.48 Compliance with conditions of permit. reports of the activities conducted under the permit. Any such reports Any person holding a permit under shall be filed not later than March 31 subchapter B and any person acting for the preceding calendar year ending under authority of such permit must December 31, or any portion thereof, comply with all conditions of the per- during which a permit was in force, un- mit and with all appllicable laws and

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regulations governing the permitted 14.32 Permits to import or export wildlife at activity. nondesignated port to minimize deterioration or loss. [54 FR 38150, Sept. 14, 1989] 14.33 Permits to import or export wildlife at nondesignated port to alleviate undue § 13.49 Surrender of permit. economic hardship. Any person holding a permit under subchapter B shall surrender such per- Subpart D [Reserved] mit to the issuing officer upon notifi- Subpart E—Inspection and Clearance of cation that the permit has been sus- Wildlife pended or revoked by the Service, and all appeal procedures have been ex- 14.51 Inspection of wildlife. hausted. 14.52 Clearance of imported wildlife. 14.53 Detention and refusal of clearance. [54 FR 38150, Sept. 14, 1989] 14.54 Unavailability of Service officers. 14.55 Exceptions to clearance requirements. § 13.50 Acceptance of liability. Except as otherwise limited in the Subpart F—Wildlife Declarations case of permits described in § 13.25(d), 14.61 Import declaration requirements. any person holding a permit under this 14.62 Exceptions to import declaration re- subchapter B assumes all liability and quirements. responsibility for the conduct of any 14.63 Export declaration requirements. activity conducted under the authority 14.64 Exceptions to export declaration re- of such permit. quirements. [64 FR 32711, June 17, 1999] Subpart G [Reserved] PART 14—IMPORTATION, EXPOR- Subpart H—Marking of Containers or TATION, AND TRANSPORTATION Packages OF WILDLIFE 14.81 Marking requirement. 14.82 Alternatives and exceptions to the Subpart A—Introduction marking requirement. Sec. Subpart I—Import/Export Licenses and 14.1 Purpose of regulations. Inspection Fees 14.2 Scope of regulations. 14.3 Information collection requirements. 14.91 When do I need an import/export li- 14.4 What terms do I have to understand? cense? 14.92 What are the exemptions to the im- Subpart B—Importation and Exportation at port/export license requirement? Designated Ports 14.93 How do I apply for an import/export license? 14.11 General restrictions. 14.94 What fees apply to me? 14.12 Designated ports. 14.13 Emergency diversion. Subpart J—Standards for the Humane and 14.14 In-transit shipments. Healthful Transport of Wild Mammals 14.15 Personal baggage and household effects. and Birds to the United States 14.16 Border ports. 14.101 Purposes. 14.17 Personally owned pet birds. 14.102 Definitions. 14.18 Marine mammals. 14.103 Prohibitions. 14.19 Special ports. 14.104 Translations. 14.20 Exceptions by permit. 14.105 Consignment to carrier. 14.21 Shellfish and fishery products. 14.106 Primary enclosures. 14.22 Certain antique articles. 14.107 Conveyance. 14.23 Live farm-raised fish and farm-raised 14.108 Food and water. fish eggs. 14.24 Scientific specimens. 14.109 Care in transit. 14.110 Terminal facilities. Subpart C—Designated Port Exception 14.111 Handling. 14.112 Other applicable provisions. Permits SPECIFICATIONS FOR NONHUMAN PRIMATES 14.31 Permits to import or export wildlife at nondesignated port for scientific pur- 14.121 Primary enclosures. poses. 14.122 Food and water.

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14.123 Care in transit. § 14.3 Information collection requirements. SPECIFICATIONS FOR MARINE MAMMALS (CETACEANS, SIRENIANS, SEA OTTERS, The Office of Management and Budg- PINNIPEDS, AND POLAR BEARS) et (OMB) has approved the information 14.131 Primary enclosures. collection requirements contained in 14.132 Food and water. this part 14 under 44 U.S.C. 3507 and as- 14.133 Care in transit. signed OMB Control Numbers 1018–0012, 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 collec- 14.141 Consignment to carrier. tion of information unless it displays a 14.142 Primary enclosures. currently valid OMB control number. SPECIFICATIONS FOR SLOTHS, BATS, AND You can direct comments regarding FLYING LEMURS (CYNOCEPHALIDAE) these information collection require- 14.151 Primary enclosures. ments to the Service’s Information Collection Clearance Officer at the ad- SPECIFICATIONS FOR OTHER TERRESTRIAL dress provided at 50 CFR 2.1(b). MAMMALS [72 FR 45946, Aug. 16, 2007, as amended at 79 14.161 Primary enclosures. FR 43964, July 29, 2014] 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? 14.252 What definitions do I need to know? baggage of a person entering into or de- 14.253 What are the restrictions contained parting from the United States. 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. SOURCE: 45 FR 56673, Aug. 25, 1980, unless Accredited scientific institutions means otherwise noted. any public museum, public zoological park, accredited institution of higher Subpart A—Introduction education, accredited member of the American Zoo and Aquarium Associa- § 14.1 Purpose of regulations. tion, accredited member of the Amer- The regulations contained in this ican Association of Systematic Collec- part provide uniform rules and proce- tions, or any State or Federal govern- dures for the importation, exportation, ment agency that conducts biological and transportation of wildlife. or medical research. Commercial means related to the of- § 14.2 Scope of regulations. fering for sale or resale, purchase, The provisions in this part are in ad- trade, barter, or the actual or intended dition to, and do not supersede other transfer in the pursuit of gain or profit, regulations of this subchapter B which of any item of wildlife and includes the may require a permit or prescribe addi- use of any wildlife article as an exhibit tional restrictions or conditions for the for the purpose of soliciting sales, importation, exportation, and trans- without regard to quantity or weight. portation of wildlife. There is a presumption that eight or

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more similar unused items are for com- meaning of the Custom laws of the mercial use. The Service or the im- United States. When a passenger leav- porter/exporter/owner may rebut this ing the jurisdiction of the United presumption based upon the particular States enters the designated inter- facts and circumstances of each case. national area of embarkation of an air- Domesticated animals includes, but is port, all accompanying personal hand- not limited to, the following domes- carried items and checked baggage will ticated animals that are exempted be regarded as exports. from the requirements of this sub- Import means to land on, bring into, chapter B (except for species obtained or introduce into, or attempt to land from wild populations). on, bring into, or introduce into any Mammals: Alpaca—Lama alpaca; place subject to the jurisdiction of the Camel—Camelus dromedarius; Camel United States, whether or not such (Boghdi)—Camelus bactrianus; Cat (do- landing, bringing, or introduction con- mestic)—Felis domesticus; Cattle—Bos stitutes an importation within the taurus; Dog (domestic)—Canis familiaris; meaning of the tariff laws of the European rabbit—Ortyctolagus United States. cuniculus; Ferret (domestic)—Mustela We means Fish and Wildlife Service putorius; Goat—Capra hircus; Horse— or Service. Equus caballus; Llama—Lama glama; You means licensee, or importer/ex- Pig—Sus scrofa; Sheep—Ovis aries; porter of record. Water buffalo—Bubalus bubalus; White [61 FR 31868, June 21, 1996, as amended at 64 lab mice—Mus musculus; White lab FR 23025, Apr. 29, 1999] rate—Rattus norvegicus. Fish (For export purposes only): Carp (koi)—Cyprinus carpio; Goldfish— Subpart B—Importation and Carassius auratus. Exportation at Designated Ports Birds: Chicken—Gallus domesticus; § 14.11 General restrictions. Ducks & geese—domesticated varieties; Guinea fowl—Numida meleagris; Except as otherwise provided in this Peafowl—Pavo cristatus; Pigeons (do- part, no person may import or export mesticated)—Columba livia domestrica; any wildlife at any place other than a Turkey—Meleagris gallopavo; Domes- Customs port of entry designated in ticated or Barnyard Mallards include: § 14.12. Pekin; Aylesbury; Bouen; Cayuga; [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. Gray Call; White Call; East Indian; 1, 1980] Crested; Swedish; Buff Orpington; In- dian Runner; Campbell; Duclair; § 14.12 Designated ports. Merchtem; Termonde; Magpie; Chinese; The following ports of entry are des- Khaki Campbell. ignated for the importation and expor- Insects: Crickets, mealworms, honey- tation of wildlife and wildlife products bees (not to include Africanized vari- and are referred to hereafter as ‘‘des- eties), and similar insects that are rou- ignated ports’’: tinely farm raised. (a) Anchorage, Alaska. Other Invertebrates: Earthworms and (b) Atlanta, Georgia. similar invertebrates that are rou- (c) Baltimore, Maryland. tinely farm raised. (d) Boston, Massachusetts. Export means to depart from, to send (e) Chicago, Illinois. from, to ship from, or to carry out of, (f) Dallas/Fort Worth, Texas. or attempt to depart from, to send (g) Honolulu, Hawaii. from, to ship from, or to carry out of, (h) Houston, Texas. or to consign to a carrier in any place (i) Los Angeles, California. subject to the jurisdiction of the (j) Louisville, Kentucky. United States with an intended des- (k) Memphis, Tennessee. tination of any place not subject to the (l) Miami, Florida. jurisdiction of the United States, (m) New Orleans, Louisiana. whether or not such departure, send- (n) New York, New York. ing, or carrying, or shipping con- (o) Portland, Oregon. stitutes an exportation within the (p) San Francisco, California.

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(q) Seattle, Washington. quiring a permit pursuant to part 16, [69 FR 70382, Dec. 6, 2004] 17, 18, 21, or 23 of this subchapter B. [45 FR 56673, Aug. 25, 1980, as amended at 61 § 14.13 Emergency diversion. FR 31868, June 21, 1996] Wildlife which has been imported into the United States at any port or § 14.16 Border ports. place other than a designated port sole- (a) Except for wildlife requiring a ly as a result of a diversion due to an permit pursuant to part 16, 17, 18, 21, or aircraft or vessel emergency must pro- 23 of this subchapter B, wildlife whose ceed as an in-transit shipment under country of origin is Canada or the Customs bond to a designated port, or United States may be imported or ex- to any port where a permit or other ported at any of the following Customs provision of this part provides for law- ports of entry: ful importation. (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. (8) New York—Buffalo-Niagara Falls, (b) Wildlife moving in-transit Champlain; through the United States from one (9) North Dakota—Dunseith, foreign country to another foreign Pembina, Portal; country is exempt from the designated 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 Customs port wildlife products or man- United States may be imported or ex- ufactured articles that are not in- ported at any of the following Customs tended for commercial use and are used ports of entry: as clothing or contained in accom- (1) Arizona—Lukeville, Nogales; panying personal baggage. However, (2) California—Calexico, San Diego- this exception to the designated port San Ysidro; and requirement does not apply to any raw (3) Texas—Brownsville, El Paso, La- or dressed fur; raw, salted, or crusted redo. hide or skin; game trophy; or to wild- (c) Except for wildlife requiring a life requiring a permit pursuant to part permit pursuant to part 16, 17, 18, or 21 16, 17, 18, 21, or 23 of this subchapter B. of this subchapter B, wildlife lawfully (b) Wildlife products or manufactured articles, including mounted game tro- taken by U.S. residents in the United phies or tanned hides, which are not in- States, Canada, or Mexico and im- tended for sale and are part of a ship- ported or exported for noncommercial ment of the household effects of per- purposes, may be imported or exported sons moving their residence to or from at any Customs port of entry. the United States may be imported or exported at any Customs port of entry. § 14.17 Personally owned pet birds. However, this exception to the des- Any person may import a personally ignated port requirement does not owned pet bird at any port designated apply to any raw fur; raw, salted, or under, and in accordance with, 9 CFR crusted hide or skin; or to wildlife re- part 92.

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§ 14.18 Marine mammals. 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 [61 FR 31868, June 21, 1996] (3) Virgin Islands—San Juan, Puerto Rico. § 14.22 Certain antique articles. (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or Any person may import at any Cus- 23 of this subchapter B, wildlife which toms Service port designated for such originates in Alaska, Puerto Rico, or purpose, any article (other than scrim- the Virgin Islands, may be exported shaw, defined in 16 U.S.C 1539(f)(1)(B) through the following Customs ports and 50 CFR 217.12 as any art form that for the respective State or Territory: involves the etching or engraving of de- (1) Alaska—Alcan, Anchorage, Fair- signs upon, or the carving of figures, banks, Juneau; patterns, or designs from, any bone or (2) Puerto Rico—San Juan; and tooth of any marine mammal of the (3) Virgin Islands—San Juan, Puerto order Cetacea) that is at least 100 years Rico. old, is composed in whole or in part of (c) Except for wildlife requiring a any endangered or threatened species permit pursuant to part 16, 17, 18, 21, or listed under § 17.11 or § 17.12 of this sub- 23 of this subchapter B, wildlife which chapter, and has not been repaired or has a final destination of Guam or modified with any part of any endan- which originates in Guam may be im- gered or threatened species on or after ported or exported, as appropriate, December 28, 1973. through the port of Agana, Guam. [61 FR 31868, June 21, 1996] § 14.20 Exceptions by permit. § 14.23 Live farm-raised fish and farm- Wildlife may be imported into or ex- raised fish eggs. ported from the United States at any Live farm-raised fish and farm-raised Customs port of entry designated in fish eggs meet the definition of ‘‘bred the terms of a valid permit issued pur- in captivity’’ as stated in 50 CFR 17.3. suant to subpart C of this part. Except for wildlife requiring a permit § 14.21 Shellfish and fishery products. pursuant to parts 17 or 23 of this subchapter, live farm-raised fish and farm- (a)(1) General. Except for wildlife re- raised fish eggs may be exported from quiring a permit pursuant to part 17 or any U.S. Customs port. 23 of this subchapter, shellfish and fishery products imported or exported for [59 FR 41714, Aug. 15, 1994]

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§ 14.24 Scientific specimens. (4) The port(s) of entry where impor- Except for wildlife requiring a permit tation or exportation is requested, and pursuant to parts 16, 17, 18, 21, 22 or 23 the reasons why importation or expor- of this subchapter, dead, preserved, tation should be allowed at the re- dried, or embedded scientific specimens quested port(s) of entry rather than at or parts thereof, imported or exported a designated port; and by accredited scientists or accredited (5) A statement as to whether the ex- scientific institutions for taxonomic or ception is being requested for a single systematic research purposes may shipment, a series of shipments, or enter or exit through any U.S. Customs shipments over a specified period of port, or may be shipped through the time and the date(s) involved. international mail system. Provided, (c) Additional permit conditions. In ad- that this exception will not apply to dition to the general conditions set any specimens or parts thereof taken forth in part 13 of this subchapter B, as a result of sport hunting. permits to import or export wildlife at 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 wildlife at nondesignated port for mining whether to issue a permit under scientific purposes. this section: (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 subchapter, and in accordance with the (2) The kind of wildlife involved and issuance criteria of this section, issue a its place of origin; permit authorizing importation or ex- (3) The reasons why the exception is portation of wildlife for scientific pur- requested; and poses at one or more named Customs (4) Availability of a Service officer. port(s) of entry not otherwise author- (e) Duration of permits. Any permit ized by subpart B. Such permits may issued under this section expires on the authorize a single importation or ex- date designated on the face of the per- portation, a series of importations or mit. In no case will the permit be valid exportations, or importation or expor- for more than 2 years from the date of tation during a specified period of issuance. time. (b) Application procedure. Applica- § 14.32 Permits to import or export tions for permits to import or export wildlife at nondesignated port to wildlife at a nondesignated port for sci- minimize deterioration or loss. entific purposes must be submitted to (a) General. The Director may, upon the Director. Each application must receipt of an application submitted in contain the general information and accordance with the provisions of this certification required by § 13.12(a) of section and §§ 13.11 and 13.12 of this sub- this subchapter, plus the following ad- chapter, and in accordance with the ditional information: issuance criteria of this section, issue a (1) The scientific purpose or uses of permit authorizing importation or ex- the wildlife to be imported or exported; portation of wildlife, in order to mini- (2) The number and kinds of wildlife mize deterioration or loss, at one or described by scientific and common more named Customs port(s) of entry names to be imported or exported not otherwise authorized by subpart B. where such number and kinds can be Such permits may authorize a single determined; importation or exportation, a series of (3) The country or place in which the importations or exportations, or im- wildlife was removed from the wild (if portation or exportation during a spec- known), or where born in captivity; ified period of time.

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(b) Application procedure. Applica- more than 2 years from the date of tions for permits to import or export issuance. wildlife at a nondesignated port to [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. minimize deterioration or loss must be 1, 1980, as amended at 61 FR 31869, June 21, submitted to the Director. Each appli- 1996] cation must contain the general information and certification required in § 14.33 Permits to import or export § 13.12(a) of this subchapter, plus the wildlife at nondesignated port to al- following additional information: leviate undue economic hardship. (1) The number and kinds of wildlife (a) General. The Director may, upon described by scientific and common receipt of an application submitted in names to be imported or exported accordance with the provisions of this where such number and kinds can be section and §§ 13.11 and 13.12 of this sub- determined; chapter, and in accordance with the (2) The country or place in which the issuance criteria of this section, issue a wildlife was removed from the wild (if permit authorizing importation or ex- known), or where born in captivity; portation of wildlife in order to allevi- (3) The port(s) of entry where impor- ate undue economic hardship at one or tation or exportation is requested, and more named Customs port(s) of entry the reasons why importation or expor- not otherwise authorized by subpart B. tation should be allowed at the re- Such permits may authorize a single quested port(s) of entry rather than at importation or exportation, a series of a designated port (information must be importations or exportations, or im- included to show that an importation portation or exportation during a spec- or exportation at a designated port ified period of time. would result in a substantial deteriora- (b) Application procedure. Applica- tion or loss of the wildlife); and tions for permits to import or export (4) A statement as to whether the ex- wildlife at a nondesignated port to al- ception is being requested for a single leviate undue economic hardship must shipment, a series of shipments, or be submitted to the Director. Each ap- shipments over a specified period of plication must contain the general in- time and the date(s) involved. formation and certification required in (c) Additional permit conditions. In ad- § 13.12(a) of this subchapter, plus the dition to the general conditions set following additional information: forth in part 13 of this subchapter B, (1) The number and kinds of wildlife permits to import or export wildlife at described by scientific and common a nondesignated port issued under this names to be imported or exported, section are to be subject to the fol- where such number and kinds can be lowing conditions: determined, and a description of the form in which it is to be imported, such (1) Permittee shall file such reports as ‘‘live,’’ ‘‘frozen,’’ ‘‘raw hides,’’ or a as may be specified on the permit, if full description of any manufactured any; and product; (2) Permittee must pay fees in ac- (2) The country or place in which the cordance with § 14.94. wildlife was removed from the wild (if (d) Issuance criteria. The Director known), or where born in captivity; shall consider the following in deter- (3) The name and address of the sup- mining whether to issue a permit under plier or consignee; this section: (4) The port(s) of entry where impor- (1) Likelihood of a substantial dete- tation or exportation is requested, and rioration or loss of the wildlife in- the reasons why importation or expor- volved; tation should be allowed at the re- (2) The kind of wildlife involved and quested port(s) of entry rather than at its place of origin; and a designated port (information must be (3) Availability of a Service officer. included to show the monetary dif- (e) Duration of permits. Any permit ference between the cost of importa- issued under this section expires on the tion or exportation at the port re- date designated on the face of the per- quested and the lowest cost of importa- mit. In no case will the permit be valid tion or exportation at the port through

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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 date designated on the face of the per- of this part. An importer/exporter must mit. In no case will the permit be valid return forthwith any wildlife released for more than 2 years from the date of without a Service officer’s clearance or issuance. clearance by Customs for the Service under authority of § 14.54 to a port [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31869, June 21, where clearance may be obtained pur- 1996] suant to this subpart. (c) To obtain clearance, the importer, exporter, or the importer’s or export- Subpart D [Reserved] er’s agent will make available to a Service officer or a Customs officer Subpart E—Inspection and acting under § 14.54: Clearance of Wildlife (1) All shipping documents (including bills of lading, waybills and packing § 14.51 Inspection of wildlife. lists or invoices); Subject to applicable limitations of (2) All permits, licenses or other doc- law, Service officers and Customs offi- uments required by the laws or regula- cers may detain for inspection and in- tions of the United States; spect any package, crate, or other con- (3) All permits or other documents tainer, including its contents, and all required by the laws or regulations of accompanying documents, upon impor- any foreign country;

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(4) The wildlife being imported or ex- (4) The importer, exporter, or the imported; and porter’s or exporter’s agent has filed an (5) Any documents and permits re- incorrect or incomplete declaration for quired by the country of export or re- importation or exportation as provided export for the wildlife. in § 14.61 or § 14.63; or (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 im- § 14.54 Unavailability of Service offi- portation or exportation and decision cers. to detain, the Service will mail a notice of detention by registered or cer- (a) Designated ports. All wildlife arriv- ing at a designated port must be tified mail, return receipt requested, to cleared by a Service officer prior to the importer or consignee, or exporter, Customs clearance and release. When if known or easily ascertainable. Such importers or their agents expect live or notice must describe the detained wild- perishable shipments of wildlife or life or other property, indicate the rea- wildlife products or request inspection son for the detention, describe the gen- at the time of arrival, they must notify eral nature of the tests or inquiries to the Service at least 48 hours prior to be conducted, and indicate that if the the estimated time of arrival. However, releasability of the wildlife has not where a Service officer is not available been determined within 30 days after within a reasonable time, Customs Of- the date of the notice, or a longer pe- ficers may clear live or perishable wild- riod if specifically stated, that the life subject to post-clearance inspec- Service will deem the wildlife to be tion and investigation by the Service. seized and will issue no further notifi- (b) Border and special ports. Wildlife cation of seizure. lawfully imported at Canadian or Mexi- (b) Refusal of clearance. Any Service can border ports under § 14.16, or into officer may refuse clearance of im- Alaska, Puerto Rico, or the Virgin Is- ported or exported wildlife and any lands, under § 14.19, may, if a Service Customs officer acting under § 14.54 officer is not available within a reason- may refuse clearance of imported wild- able time, be cleared by Customs offi- life when there are responsible grounds cers, subject to post-clearance inspec- to believe that: tion and investigation by the Service. (1) A Federal law or regulation has (c) Permit imports. Wildlife imported been violated; at a nondesignated port in accordance (2) The correct identity and country with the terms of a valid permit issued of origin of the wildlife has not been es- under subpart C of this part, may, if a tablished (in such cases, the burden is Service officer is not available within a upon the owner, importer, exporter, reasonable time, be cleared by Customs consignor, or consignee to establish officers, subject to post-clearance in- such identity by scientific name to the spection and investigation by the Serv- species level or, if any subspecies is ice. protected by the laws of this country (d) Personal baggage and household ef- or the country of origin to the sub- fects. Wildlife lawfully imported at any species level); port of entry under § 14.15, may, if a (3) Any permit, license, or other doc- Service officer is not available within a umentation required for clearance of reasonable time, be cleared by Customs such wildlife is not available, is not officers, subject to post-clearance in- currently valid, has been suspended or spection and investigation by the Serv- revoked, or is not authentic; ice.

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(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 requirements. 177 and the importer, or the importer’s 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 wildlife: [61 FR 49980, Sept. 24, 1996] (a) Shellfish and fishery products imported for purposes of human or animal § 14.62 Exceptions to import declara- consumption or taken in waters under tion requirements. the jurisdiction of the United States or (a) Except for wildlife requiring a on the high seas for recreational pur- permit pursuant to part 17 or 23 of this poses; subchapter B, an importer or his/her (b) Marine mammals lawfully taken agent does not have to file a Declara- on the high seas by United States resi- tion for Importation or Exportation of dents and imported directly into the Fish or Wildlife (Form 3–177) for impor- United States; and tation of shellfish and fishery products (c) Certain antique articles as speci- imported for purposes of human or ani- fied in § 14.22 which have been released from custody by Customs officers mal consumption, or taken in waters under 19 U.S.C. 1499. under the jurisdiction of the United (d) Dead, preserved, dried, or embed- States or on the high seas for rec- ded scientific specimens or parts there- reational purposes; of, imported or exported by accredited (b) Except for wildlife requiring a scientists or accredited scientific insti- permit pursuant to part 16, 17, 18, 21, or tutions for taxonomic or systematic re- 23 of this subchapter B, a Declaration search purposes. Except: That this ex- for Importation or Exportation of Fish ception will not apply to any speci- or Wildlife (Form 3–177) does not have mens or parts thereof taken as a result to be filed for importation of the fol- of sport hunting. lowing: [45 FR 56673, Aug. 25, 1980, as amended at 61 (1) Fish taken for recreational pur- FR 31869, June 21, 1996] poses in Canada or Mexico; (2) Wildlife products or manufactured Subpart F—Wildlife Declarations articles that are not intended for commercial use and are used as clothing or § 14.61 Import declaration require- contained in accompanying personal ments. baggage, except that an importer or Except as otherwise provided by the his/her agent must file a Form 3–177 for regulations of this subpart, importers raw or dressed furs; for raw, salted, or or their agents must file with the Serv- crusted hides or skins; and for game or ice a completed Declaration for Impor- game trophies; and tation or Exportation of Fish or Wild-

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(3) Wildlife products or manufactured § 14.63 Export declaration require- articles that are not intended for comments. mercial use and are a part of a ship- Except as otherwise provided by the ment of the household effects of per- regulations of this subpart, a com- sons moving their residence to the pleted Declaration for Importation or United States, except that an importer Exportation of Fish or Wildlife (Form or his/her agent must file a declaration 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 declaration requirements. poses. An importer or his/her agent 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. tions for taxonomic or systematic re- (b) Except for wildlife requiring a search purposes. An importer or his/her permit pursuant to part 16, 17, 18, 21, or agent must file a Form 3–177 within 180 23 of this subchapter B, a Declaration days of importation with the appro- for the Importation or Exportation of priate Assistant Regional Director— Fish or Wildlife (Form 3–177) does not Law Enforcement in the Region where have to be filed for the exportation of the importation occurs. The declara- the following: tion must identify the specimens to the (1) Wildlife that is not intended for most accurate taxonomic classification commercial use where the value of reasonably practicable using the best such wildlife is under $250; available taxonomic information, and (2) Wildlife products or manufactured must declare the country of origin. Ex- articles, including game trophies, that cept: That this exception will not apply are not intended for commercial use to any specimens or parts thereof and are used as clothing or contained taken as a result of sport hunting. in accompanying personal baggage or [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. are part of a shipment of the household 1, 1980, as amended at 61 FR 31870, June 21, effects of persons moving their resi- 1996] dence from the United States; and

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(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 appropriate Assistant Regional Director— side of each container or package con- Law Enforcement in the Region where taining fish or wildlife with the word the exportation occurs. The declara- ‘‘fish’’ or ‘‘wildlife’’ as appropriate for tion must identify the specimens to the its contents, or with the common name most accurate taxonomic classification of its contents by species, and reasonably practicable using the best (ii) Including an invoice, packing available taxonomic information, and list, bill of lading, or similar document must declare the country of origin. Ex- to accompany the shipment which accept: That this exception will not apply curately states the name and address to any specimens or parts thereof of the shipper and consignee, states the taken as a result of sport hunting. total number of packages or containers (c) Except for wildlife requiring a pe- in the shipment, and for each species in riod pursuant to parts 17 or 23 of this the shipment specifies: subchapter, a Declaration for the Im- (A) The common name that identifies portation or Exportation of Fish or the species (examples include: Chinook Wildlife (Form 3–177) does not have to (or king) salmon; bluefin tuna; and be filed for the exportation of live whitetail deer) and whether or not the farm-raised fish and farm-raised fish listed species is venomous; and eggs as defined in § 14.23. (B) The number of that species (or other appropriate measure of quantity [45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 61 FR 31870, June 21, such as gross or net weight). 1996] The invoice, packing list, bill of lading, or equivalent document must be se- Subpart G [Reserved] curely attached to the outside of one container or package in the shipment Subpart H—Marking of Containers or otherwise physically accompany the or Packages shipment in a manner which makes it readily accessible for inspection; or (2) Affixing the shipper’s wildlife im- SOURCE: 52 FR 45341, Nov. 27, 1987, unless port/export license number preceded by otherwise noted. the three letters ‘‘FWS’’ on the outside § 14.81 Marking requirement. of each container or package containing fish or wildlife, if the shipper Except as otherwise provided in this has valid wildlife import/export license subpart, no person may import, export, issued under authority of 50 CFR part or transport in interstate commerce 14. For each shipment marked in ac- any container or package containing cordance with this paragraph, the any fish or wildlife (including shellfish records maintained under § 14.93(c) and fishery products) unless he/she must include a copy of the invoice, marks each container or package con- packing list, bill of lading, or other spicuously on the outside with both the name and address of the shipper and similar document that accurately consignee. An accurate and legible list states the information required by of its contents by species scientific paragraph (a)(1)(ii) of this section. name and the number of each species (3) In the case of subcontainers or and whether or not the listed species packages within a larger packing con- are venomous must accompany the en- tainer, only the outermost container tire shipment. must be marked in accordance with this section. Except, that for live fish or [61 FR 31870, June 21, 1996]

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wildlife that are packed in subcon- importer or exporter of certain fish or tainers within a larger packing con- wildlife without first having obtained tainer, if the subcontainers are num- permission from the Secretary. For the bered or labeled, the packing list, in- purposes of this subchapter, engage in voice, bill or lading, or other similar business means to import or export document, must reflect that number or wildlife for commercial purposes. label. However, each subcontainer con- (b) Except as provided in § 14.92, if taining a venomous species must be you engage in the business of import- clearly marked as venomous. ing or exporting wildlife for commer- (4) A conveyance (truck, plane, boat, cial purposes (see § 14.4), you must ob- etc.) is not considered a container for tain an import/export license prior to purposes of requiring specific marking importing or exporting your wildlife of the conveyance itself, provided that: shipment. (i) The fish or wildlife within the con- (c) The following table includes some veyance is carried loosely or is readily examples of when an import/export li- identifiable, and is accompanied by the cense is required: document required by paragraph (a)(1)(ii) of this section, or . . . do I need an If I import into the United States or ex- import/export (ii) The fish or wildlife is otherwise port from the United States license? packaged and marked in accordance (1) Wildlife in the form of products such Yes. with this subpart. as garments, bags, shoes, boots, jew- (b) The requirements of § 14.81 do not elry, rugs, trophies, or curios for com- apply to containers or packages con- mercial purposes. taining— (2) Wildlife in the form of hides, furs, or Yes. skins for commercial purposes. (1) Fox, nutria, rabbit, mink, chin- (3) Wildlife in the form of food for com- Yes. chilla, marten, fisher, muskrat, and mercial purposes. karakul that have been bred and born (4) As an animal dealer, animal broker, Yes. in captivity, or their products, if a pet dealer, or pet or laboratory supplier. signed statement certifying that the (5) As an individual owner of a person- No. animals were bred and born in cap- ally owned live wildlife pet for personal tivity accompanies the shipping docu- use. (6) As a collector or hobbyist for per- No. ments; sonal use. (2) Fish or shellfish contained in re- (7) As a collector or hobbyist for com- Yes. tail consumer packages labeled pursu- mercial purposes, including sale, trade ant to the Food, Drug and Cosmetic or barter. (8) As a laboratory researcher or bio- Yes. Act, 21 U.S.C. 301 et seq.; or medical supplier for commercial pur- (3) Fish or shellfish that are landed poses. by, and offloaded from, a fishing vessel (9) As a customs broker or freight for- No. (whether or not the catch has been car- warder engaged in business as a dis- patcher, handler, consolidator, or ried by the fishing vessel interstate), as transporter of wildlife or if I file docu- long as the fish or shellfish remain at ments with the Service on behalf of the place where first offloaded. others. (10) As a common carrier engaged in No. (Approved by the Office of Management and business as a transporter of wildlife. Budget under control number 1018–0022) (11) As a taxidermist, outfitter, or guide Yes. importing or exporting my own hunting [52 FR 45341, Nov. 27, 1987, as amended at 61 trophies for commercial purposes. FR 31871, June 21, 1996] (12) As a taxidermist, outfitter, or guide No. transporting or shipping hunting trophies for clients or customers. Subpart I—Import/Export Licenses (13) As a U.S. taxidermist receiving a No. and Inspection Fees U.S. client’s personal hunting trophies after import clearance for processing. (14) As a U.S. taxidermist importing wild- Yes. SOURCE: 73 FR 74628, Dec. 9, 2008, unless life from or exporting wildlife to foreign otherwise noted. owners who are requesting my services. (15) As a foreign owner of wildlife ex- No. § 14.91 When do I need an import/exporting my personal hunting trophies port license? from the United States to my home. (a) The Endangered Species Act (16 (16) As a circus for exhibition or resale Yes. purposes. U.S.C. 1538(d)(1)) makes it unlawful for (17) As a Federal, State, municipal, or No. any person to engage in business as an tribal agency.

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(2) Subject to applicable limitations If I import into the United States or ex- . . . do I need an import/export of law, duly authorized Service officers port from the United States license? 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 chap- ing the certification found on the form ter) and nonliving fishery products and in § 13.12(a) of this subchapter, to that do not require a permit under the appropriate regional Special Agent parts 16, 17, or 23 of this subchapter, in Charge under the provisions of this and are imported or exported for pur- subpart and part 13 of this subchapter. poses of human or animal consumption (b) Import/export license conditions. In or taken in waters under the jurisdic- addition to the general permit condition of the United States or on the tions in part 13 of this subchapter, you high seas for recreational purposes; must comply with the following condi- (2) Live farm-raised fish and farm- tions: raised fish eggs of species that do not (1) You must comply with all require- require a permit under parts 16, 17, or ments of this part, all other applicable 23 of this subchapter, that meet the parts of this subchapter, and any spe- definition of ‘‘bred-in-captivity’’ as cific conditions or authorizations de- stated in § 17.3 of this subchapter and scribed on the face of, or on an annex that are for export only; and to, the import/export license; (3) Live aquatic invertebrates of the (2) You must pay all applicable li- Class Pelecypoda, commonly known as cense and inspection fees as required in oysters, clams, mussels, and scallops, § 14.94; and their eggs, larvae, or juvenile (3) You are responsible for providing forms, that do not require a permit current contact information to us, in- under parts 16, 17, or 23 of this sub- cluding a mailing address where you chapter, and are exported only for the will receive all official notices the purposes of propagation or research re- Service sends; lated to propagation; and (4) You must keep, in a U.S. location, (4) Pearls that do not require a per- the following records that completely mit under parts 16, 17, or 23 of this sub- and correctly describe each import or chapter. export of wildlife that you made under (b) Certain persons. (1) The following the import/export license and, if appli- persons may import or export wildlife cable, any subsequent disposition that without obtaining an import/export li- you made of the wildlife, for a period of cense, provided that these persons keep 5 years: records that will fully and correctly de- (i) A general description of the wild- scribe each importation or exportation life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur of wildlife made by them and the subse- garments,’’ ‘‘leather goods,’’ ‘‘foot- quent disposition made by them with wear,’’ or ‘‘jewelry’’; respect to the wildlife. (ii) The quantity of the wildlife, in (i) Public museums, or other public, numbers, weight, or other appropriate scientific, or educational institutions, measure; importing or exporting wildlife for (iii) The common and scientific noncommercial research or educational names of the wildlife; purposes; and (iv) The country of origin of the wild- (ii) Federal, State, tribal, or munic- life, if known, as defined in § 10.12 of ipal agencies. this subchapter;

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(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 wildlife. An import/export license is in designated ports in § 14.12 and the cri- addition to, and does not supersede, teria that allow certain ports to act as any other license, permit, or require- designated ports in §§ 14.16–14.19, § 14.22, ment established by Federal, State, or and § 14.24 of this part. tribal law for the import or export of (d) Staffed nondesignated port base in- wildlife. spection fees. You must pay a nondes- (c) Duration of import/export license. ignated port base inspection fee, as de- Any import/export license issued under fined in § 14.94(h)(2), for each wildlife this section expires on the date shown shipment imported or exported at a on the face of the import/export li- staffed nondesignated port, using a des- cense. In no case will the import/export ignated port exception permit issued license be valid for more than 1 year under subpart C of this part. This fee is after the date of issuance. in place of, not in addition to, the des- (d) Issuance, denial, suspension, rev- ignated port base fee. ocation, or renewal of import/export li- (e) Nonstaffed, nondesignated port base cense. We may deny, suspend, revoke, inspection fees. You must pay a nondes- restrict, or deny renewal of an import/ ignated port base inspection fee, as de- export license to any person named as fined in § 14.94(h)(3), for each wildlife the holder, or a principal officer or shipment imported or exported at a agent of the holder, under any of the nonstaffed, nondesignated port using a criteria described in part 13 of this designated port exception permit chapter or under the following criteria: issued under subpart C of this part.

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

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

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(4) Fee exemption program for low-risk after approval, you will be removed importations and exportations—(i) Pro- from the program and must pay all ap- gram criteria. Businesses that require plicable fees. an import/export license under § 14.93 (C) If approved to participate in the may be exempt from the designated program you must file FWS Form 3–177 port base inspection fee as set forth in and all required accompanying docu- this paragraph (k)(4)(i). To participate ments electronically using eDecs for in this program, you, the U.S. importer each shipment and meet all other re- or exporter, must continue to pay the quirements of this part. overtime fees, the nondesignated port [73 FR 74628, Dec. 9, 2008, as amended at 77 base fees, or the import/export license FR 65326, Oct. 26, 2012] and nondesignated port application fees, and your business must meet all of the following conditions: Subpart J—Standards for the Hu- (A) Each shipment does not contain mane and Healthful Transport live wildlife. of Wild Mammals and Birds to (B) Each shipment does not contain the United States wildlife that requires a permit or certificate under parts 15, 17, 18, 20, 21, 22, SOURCE: 57 FR 27108, June 17, 1992, unless or 23 of this chapter or is listed under otherwise noted. part 16 of this chapter. (C) Each shipment contains 25 or § 14.101 Purposes. fewer wildlife parts and products con- The purpose of this subpart is to pre- taining wildlife. scribe requirements necessary to en- (D) Each wildlife shipment is valued sure that live wild mammals and birds at $5,000 or less. shipped to the United States arrive (E) Your business has not been as- alive, healthy, and uninjured, and that sessed a civil penalty, issued a viola- transportation of such animals occurs tion notice, or convicted of any mis- under humane and healthful condi- demeanor or felony violations involv- tions. These regulations implement ing the import or export of wildlife. section 9(d) of the Lacey Act Amend- (F) Your business has had two or ments of 1981. fewer wildlife shipments that were refused clearance in the 5 years prior to § 14.102 Definitions. the receipt of your request by the Serv- In addition to the definitions con- ice. tained in part 10 of subchapter B of this (G) Your business has not previously chapter, in this subpart— participated in the program and been Ambient air temperature means the removed for failure to meet the cri- temperature of the air surrounding a teria. primary enclosure containing a wild (ii) Program participation. To partici- mammal or bird. pate in the fee exemption program for Auxiliary ventilation means cooling or low-risk importations and expor- air circulation provided by such means tations, you must use the Service’s as vents, fans, blowers, or air condi- electronic declaration filing system tioning. (eDecs) and take the following actions: Carrier means any person operating (A) You must certify that you will an airline, railroad, motor carrier, exclusively import and export wildlife shipping line, or other enterprise en- shipments that meet all the criteria in gaged in the business of transporting paragraph (k)(4)(i) of this section and any wild mammal or bird for any pur- renew this certification annually. Upon pose including exhibition and for any completion of the certification and re- person, including itself. view of the criteria by the Service, Communicable disease means any con- eDecs will notify you if you have been tagious, infectious, or transmissible approved to participate in the program. disease of wild mammals or birds. (B) You must continue to meet the Conveyance means any vehicle, ves- criteria in paragraph (k)(4)(i) of this sel, or aircraft employed to transport section while participating in the pro- an animal between its origin and des- gram. If you fail to meet the criteria tination.

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Do not tip means do not excessively Sanitize means to make physically rock or otherwise move from a vertical clean and, as far as possible, free of to a slanting position, knock over, or toxic or infectious agents injurious to upset. the health of wild mammals or birds. Handle means feed, manipulate, Scheduled departure time means the crate, shift, transfer, immobilize, re- time listed on a timetable of depar- strain, treat, or otherwise control the tures and arrivals or, in the absence of movement or activities of any wild a timetable, the time of departure mammal or bird. agreed to by a carrier and shipper. Holding area means a designated area Shipper means any person, other than at or within a terminal facility that a carrier, involved in the transport of has been specially prepared to provide shelter and other requirements of wild wild animals to the United States re- mammals or birds being transported to gardless of the purpose of such trans- the United States and in which such port; e.g., exporter, importer, or agent. mammals or birds are maintained prior Terrestrial mammals means mammals to, during, or following such shipment. other than marine mammals. Kept clean means maintained free Transport means to move, convey, from dirt, trash, refuse, excreta, re- carry, or ship by any means, or to de- mains from other cargo, and impurities liver or receive for the purpose of of any type. movement, carriage, or shipment, by Marine mammal means an individual air, land, or sea. of a species of the orders Cetacea, Transporting device means any vehicle Pinnipedia, or Sirenia, or a polar bear or device used to transport an animal (Ursus maritimus) or sea otter (Enhydra between a conveyance and a terminal lutris). facility, in and around a terminal facil- Noncompatible means not capable of ity of a carrier, or within a convey- existing together in harmony. ance. Nonhuman primate means any Unweaned means a bird or mammal nonhuman member of the order Pri- incapable of feeding itself independ- mates. ently. Normal rigors of transportation means the stress that a wild animal can be ex- Wild means the same as fish or wild- pected to experience as a result of ex- life, as defined in § 10.12 of this chapter. posure to unaccustomed surroundings, unfamiliar confinement, caging, unfa- § 14.103 Prohibitions. miliar sounds, motion, and other condi- Unless the requirements of this sub- tions commonly encountered during part are fully satisfied and all other transport. legal requirements are met, it is un- Primary enclosure means any struc- lawful for any person to transport to ture used to restrict a mammal or bird the United States, cause to be trans- to a limited amount of space, such as a ported to the United States, or allow to cage, room, pen, run, stall, pool, or be transported to the United States hutch. any live wild mammal or bird. It shall Professionally accepted standards be unlawful for any person to import, means a level of practice established as to transport, or to cause or permit to acceptable by a body of qualified per- be transported to the United States sons of the veterinary medical profes- any wild mammal or bird under inhu- sion. mane or unhealthful conditions or in Psychological trauma means an epi- violation of this subpart J. sode of exposure to stressful conditions resulting in significant behavioral ab- § 14.104 Translations. normality including, but not limited to, manifestations of unaccustomed ag- Any certificate or document required gressiveness, self-mutilation, or refusal by this subpart to accompany a mam- of food or water. mal or bird transported to the United Raptor means a live migratory bird of States and written in a foreign lan- the order Falconiformes or the order guage must be accompanied by an ac- Strigiformes. curate English translation.

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§ 14.105 Consignment to carrier. pose of such transport is for needed (a) No carrier shall accept any live medical treatment and upon certifi- wild mammal or bird for transport to cation in writing by the examining vet- the United States that has not been ex- erinarian that the treatment is nec- amined within 10 days prior to com- essary and the animal is able to with- mencement of transport to the United stand the normal rigors of travel in its States by a veterinarian certified as present condition. A sick or injured qualified by the national government animal shall be accompanied at all of the initial country from which the times throughout the transport process mammal or bird is being exported. If by a veterinary attendant qualified to the national government of such coun- care for and treat it, with continuous try does not certify veterinarians, then access to the animal. This individual the veterinarian must be certified or li- shall be in possession of or have ready censed by a local government author- access to all medications to be admin- ity designated by the national govern- istered during the transport. ment as authorized to certify veteri- (d) No carrier shall accept any wild narians. mammal or bird for transport to the (b)(1) A certificate of veterinary med- United States presented by the shipper ical inspection, signed by the exam- less than 2 hours or more than 6 hours ining veterinarian, stating that the prior to the scheduled departure of the animal has been examined, is healthy, conveyance on which it is to be trans- appears to be free of any communicable ported. The carrier shall notify the disease, and is able to withstand the crew of the presence of live animal normal rigors of transport must ac- shipments. company the mammal or bird; the certificate should include the veterinar- § 14.106 Primary enclosures. ian’s license number, certification No carrier shall accept for transport number, or equivalent. A mammal in to the United States any live wild the last third of its pregnancy, if this mammal or bird in a primary enclosure is detectable using professionally ac- that does not conform to the following cepted standards, shall not be accepted requirements: for transport to the United States ex- (a) The Container Requirements of cept for medical treatment and unless the Live Animal Regulations (LAR), the examining veterinarian certifies in 20th edition, October 1, 1993, published writing that the animal has been exam- by the International Air Transport As- ined, the state of pregnancy has been sociation (IATA) shall be complied evaluated, and that, despite the med- with by all parties transporting wild ical condition requiring treatment, the mammals or birds to the United animal is physically able to withstand States. The incorporation by reference the normal rigors of transportation to of the LAR was approved by the Direc- the United States. tor of the Federal Register in accord- (2) A nursing mother with young, an ance with 5 U.S.C. 552(a) and 1 CFR unweaned mammal unaccompanied by part 51. Copies may be obtained from its mother, or an unweaned bird shall IATA, 2000 Peel St., Montreal, Quebec, be transported only if the primary pur- Canada H3A 2R4. Copies may be in- pose is for needed medical treatment spected at the U.S. Fish and Wildlife and upon certification in writing by Service Headquarters (see 50 CFR 2.1(b) the examining veterinarian that the for address) or at the National Ar- treatment is necessary and the animal chives and Records Administration is able to withstand the normal rigors (NARA). For information on the avail- of transport. Such an unweaned mam- ability of this material at NARA, call mal or bird shall not be transported to 202–741–6030, or go to: http:// the United States for medical treat- www.archives.gov/federallregister/ ment unless it is accompanied at all codeloflfederallregulations/ times by and completely accessible to ibrllocations.html. a veterinary attendant. (b) A primary enclosure shall be con- (c) A sick or injured wild mammal or structed so that— bird shall be permitted transport to the (1) The strength of the enclosure is United States only if the primary pur- sufficient to contain the mammal or

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bird and to withstand the normal ef- (d) An enclosure that is not perma- fects of transport; nently affixed within the conveyance (2) The interior of the enclosure is shall have adequate hand-holds or free from any protrusion that could be other devices for lifting by hand or to injurious to the mammal or bird with- facilitate lifting and carrying by main; chine. Such hand-holds or other devices (3) No part of the animal can extend shall be made an integral part of the or protrude outside of the primary en- enclosure, shall enable it to be lifted closure which may result in injury to without excessive tipping, and shall be the contained animal, to nearby per- designed so that the person handling sons or animals, or to handlers of the the enclosure will not come in contact primary enclosure; with the animals contained therein. (4) Access to the primary enclosure is (e) An enclosure shall have a solid, closed and secured with an animal- leak-proof bottom or removable, leak- proof device designed to prevent acci- proof collection tray under a slatted or dental opening and release of the mam- wire mesh floor. The slatted or wire mal or bird; mesh floor shall be designed and con- (5) The opening of the enclosure is structed so that the spaces between the easily accessible for either emergency slats or the holes in the mesh cannot removal or inspection of the mammal trap the limbs of animals contained or bird by authorized personnel with- within the enclosure. An enclosure for out the risk of escape of the mammal mammals shall contain unused absorb- or bird; ent litter on the solid bottom or in the (6) The enclosure has sufficient open- leak-proof tray in sufficient quantity ings to ensure adequate circulation of to absorb and cover excreta. This litter air at all times. shall be safe and nontoxic and shall not (7) The material of which the pri- resemble food normally consumed by mary enclosure is constructed is not the mammals. An enclosure used to treated with any paint, preservative, or transport marine mammals in water, other chemical that is injurious or oth- in a waterproof enclosure, a sling, or erwise harmful to the health or well- on foam is exempt from the require- being of mammals and birds. ment to contain litter. An enclosure (c) Unless the enclosure is perma- used to transport birds shall not con- nently affixed in the conveyance or has tain litter, unless it is specified in an open top for certain large mammals, writing by the examining veterinarian spacer bars allowing circulation of air as medically necessary. around the enclosure shall be fitted to (f) If an enclosure has been pre- the exterior of its top, sides, and base. viously used to transport or store wild Spacer bars on an enclosure need ex- mammals or birds, it shall have been tend no more than 6 inches (15 centi- cleaned and sanitized in a manner that meters) from the surface of the enclo- will destroy pathogenic agents and sure. Within this 6 inch limit, the spac- pests injurious to the health of mam- ers on an enclosure containing one animals and birds before the enclosure can mal shall extend a distance equal to at be re-used. least 10 percent of the longer dimen- (g) An enclosure that is not perma- sion of the surface to which they are nently affixed in the conveyance shall attached, and the spacers on an enclo- be clearly marked in English on the sure containing more than one animal outside of the top and one or more shall extend a distance equal to at sides of the enclosure, in letters not least 20 percent of the longer dimen- less than 2.5 centimeters (1 inch) in sion of the surface to which they are height, ‘‘Live Animals’’ or ‘‘Wild Ani- attached. Hand-holds may serve as mals’’, ‘‘Do Not Tip,’’ ‘‘Only Author- spacer bars for the sides of the enclo- ized Personnel May Open Container,’’ sure to which they are attached. A pri- and other appropriate or required in- mary enclosure constructed with one structions. All enclosure sides shall or more slanted or curved walls con- also be conspicuously marked on the taining ventilation openings need not outside with arrows to indicate the be fitted with spacer bars on such correct upright position of the enclo- walls. sure. These arrows should extend up

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the sides of the enclosure so that the haust fumes and gases produced by the point of the arrow is visible and clearly conveyance. indicates the top of the enclosure. (c) No wild mammal or bird shall be (h) Food and water instructions as placed in a cargo space of a conveyance specified in § 14.108, information regard- that does not provide sufficient air for ing what constitutes obvious signs of it to breathe normally. Primary enclo- stress in the species being transported, sures shall be positioned in a cargo and information about any drugs or space in such a manner that each ani- medication to be administered by the mal has access to sufficient air for nor- accompanying veterinary attendant mal breathing. shall be securely attached to each en- (d) The interior of an animal cargo closure. Copies of shipping documents space shall be kept clean of disease- accompanying the shipment shall also causing agents. be securely attached to the primary en- (e) A wild mammal or bird shall not closure. Original documents shall be be transported in a cargo space that carried in the carrier’s pouch or mani- contains any material, substance, or fest container or by the shipper’s at- device that may reasonably be ex- tendant accompanying the wild mam- pected to result in inhumane condi- mal or bird. tions or be injurious to the animal’s (i) Any food and water troughs shall health unless all reasonable pre- be securely attached to the interior of cautions are taken to prevent such the enclosure in such a manner that conditions or injury. the troughs can be filled from outside the enclosure. Any opening providing § 14.108 Food and water. access to a trough shall be capable of (a) No carrier shall accept any wild being securely closed with an animal- mammal or bird for transport to the proof device. A water trough in an en- United States unless written instruc- closure containing birds shall contain a tions from the shipper concerning the foam or sponge insert, a perforated animal’s food and water requirements wooden block, or other suitable device are securely affixed to the outside of to prevent spillage or drowning. its primary enclosure. Such instruc- (j) When a primary enclosure is per- tions shall be consistent with profes- manently affixed within a conveyance sionally accepted standards of care and so that its front opening is the only include specifically the quantity of source of ventilation, the opening shall water required, the amount and type of face the outside of the conveyance or food required, and the frequency of an unobstructed aisle or passageway feeding and watering necessary to en- within the conveyance. Such an aisle sure that the animal is transported hu- or passageway shall be at least 12 manely and healthfully. inches (30 centimeters) wide. The open- (b) A mammal or bird requiring ing in the primary enclosure shall oc- drinking water shall have cupy at least 90 percent of the total uncontaminated water suitable for surface area of the front wall of the en- drinking made available to it at all closure and be covered with bars or times prior to commencement of trans- wire mesh. port to the United States, during inter- [57 FR 27108, June 17, 1992, as amended at 59 mediate stopovers, and upon arrival in FR 36719, July 19, 1994; 69 FR 18803, Apr. 9, the United States, or as directed by the 2004; 79 FR 43964, July 29, 2014] shipper’s written instructions. (c) A mammal or bird that obtains § 14.107 Conveyance. 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

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in transit shall be observed no less fre- higher. In the case of penguins and quently than once every four hours and auks, the ambient air temperature given food and water according to the shall not be allowed to exceed 18.3 de- instructions required by § 14.108(a). grees C (65 degrees F) at any time, and (e) Suitable and sufficient food shall auxiliary ventilation shall be provided be made available during transport. when the ambient air temperature ex- (f) Additional requirements for feed- ceeds 15.6 degrees C (60 degrees F). In ing and watering particular kinds of the case of polar bears and sea otters, animals are found below in the speci- ambient air temperature shall not be fications for the various groups. allowed to exceed 10 degrees C (50 degrees F). § 14.109 Care in transit. (a) During transportation to the § 14.110 Terminal facilities. United States, including any stopovers (a) Any terminal facility used for during transport, the carrier shall vis- wild mammal or bird transport in the ually inspect each primary enclosure country of export, stopover countries, not less than once every 4 hours, or in or the United States shall contain an the case of air transport, every 4 hours animal holding area or areas. No car- whenever the cargo hold is accessible. rier or shipper shall co-mingle live ani- During such inspections, the carrier mal shipments with inanimate cargo in shall verify that the ambient air tem- an animal holding area. perature is within allowable limits (see (b) A carrier or shipper holding any § 14.109(b)), that enclosures have not wild mammal or bird in a terminal fa- been damaged, that adequate ventila- cility shall provide the following: tion is being provided, and when trans- (1) A holding area cleaned and sani- port is by air, that air pressure suit- tized so as to destroy pathogenic able to support live animals is main- agents, maintained so that there is no tained within the cargo area (pressure accumulation of debris or excreta, and equivalent to a maximum altitude of in which vermin infestation is mini- 8000 feet). During these observations mized; the carrier shall also determine wheth- (2) An effective program for the con- er any animals are in obvious distress trol of insects, ectoparasites, and pests as described in documents attached to of mammals or birds; the enclosure. The absence of such a (3) Sufficient fresh air to allow the document or the absence of informa- animals to breathe normally with vention as to signs of distress shall not re- tilation maintained so as to minimize move this responsibility. The carrier drafts, odors, and moisture condensa- shall attempt to correct any condition tion; causing distress and shall consult the shipper concerning any possible need (4) Ambient air temperatures main- for veterinary care if no veterinary at- tained within prescribed limits as spec- tendant is traveling with the shipment; ified in § 14.109(b). if the shipper cannot be reached in the § 14.111 Handling. case of an emergency, qualified veterinary care should be provided. A veteri- (a) Care shall be exercised to avoid narian or qualified attendant traveling handling the primary enclosure in a with the shipment shall be provided ac- manner likely to cause physical or psy- cess to the animal. chological trauma to the mammal or (b) Unless otherwise specified in writ- bird. ing by the examining veterinarian the (b) A primary enclosure used to move ambient air temperature in a holding any mammal or bird shall not be area, transporting device, conveyance dropped, tipped excessively, or other- or terminal facility containing mam- wise mishandled, and shall not be mals or birds shall not be allowed to stacked or placed in a manner that fall below 12.8 degrees C (55 degrees F) may reasonably be expected to result nor to exceed 26.7 degrees C (80 degrees in its falling or being tipped. F). Auxiliary ventilation shall be pro- (c) Animals incompatible with one vided when the ambient air tempera- another shall not be crated together or ture is 23.9 degrees C (75 degrees F) or held in close proximity.

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

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for transport to the United States, un- (c) A primary enclosure used to less instructed in writing to do so more transport marine mammals shall be frequently by the shipper. large enough to assure the following: (b) After acceptance for transport, (1) A sea otter or polar bear has suffi- and unless otherwise instructed in cient space to turn about freely with writing by the shipper, a carrier shall all four feet on the floor and to sit in provide suitable food to any nonhuman an upright position, stand, or lie in a primate at least once every 12 hours. natural position; (2) A pinniped has sufficient space to § 14.123 Care in transit. lie in a natural position; (a) A primate shall be observed for (3) If a sling, harness, or other sup- signs of distress and given food and porting device is used, there are at water according to the shipper’s in- least 3 inches (7.5 centimeters) of clear- structions during any intermediate ance between any body part and the stop that lasts more than 4 hours. primary enclosure; (b) Care shall be taken to keep enclo- (d) A marine mammal may be re- sures containing primates sufficiently stricted in its movements according to separated in the conveyance or holding professionally accepted standards of area to minimize the risk of spread of care when freedom of movement would disease from one species or shipment to constitute a danger to the animal or to another. handlers or other persons. (e) All marine mammals contained in SPECIFICATIONS FOR MARINE MAMMALS a given primary enclosure shall be of (CETACEANS, SIRENIANS, SEA OTTERS, the same species and be maintained in PINNIPEDS, AND POLAR BEARS) compatible groups. A marine mammal that has not reached puberty shall not § 14.131 Primary enclosures. be transported in the same primary en- (a) A primary enclosure that is not closure with an adult marine mammal open on top shall have air inlets situ- other than its mother. Socially depend- ated at heights that provide cross ven- ent animals (e.g., siblings, mother, and tilation at all levels and that are lo- offspring) transported in the same con- cated on all four sides of the enclosure. veyance shall be allowed visual and, Such ventilation openings shall com- when appropriate for the species, olfac- prise not less than 20 percent of the tory contact. A female marine mam- total surface area of each side of the mal shall not be transported in the enclosure. same primary enclosure with any ma- (b) Straps, slings, harnesses, or other ture male marine mammal. such devices used for body support or restraint when transporting marine § 14.132 Food and water. mammals such as cetaceans or sire- A marine mammal shall not be trans- nians shall meet the following require- ported for more than a period of 36 ments: hours without being offered suitable (1) The devices shall not prevent at- food unless the shipper’s written in- tendants from having access to the structions or the shipper’s attendant mammal to administer care during travelling with the mammal direct transportation; otherwise. After feeding, a marine (2) The devices shall be equipped with mammal shall be rested for 6 hours sufficient padding to prevent trauma or prior to resuming transport. injury at points of contact with the mammal’s body; § 14.133 Care in transit. (3) Slings or harnesses shall allow (a) Any marine mammal shall be ac- free movement of flippers outside of companied, in the same conveyance, by the harness or sling; the shipper or an authorized represent- (4) The devices shall be capable of ative of the shipper knowledgeable in preventing the mammal from thrash- marine mammal care to provide for the ing about and causing injury to itself, animal’s health and well-being. The handlers, or other persons, but shall be shipper or representative shall observe designed so as not to cause injury to such marine mammals to determine the mammal. whether or not they need veterinary

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care and shall provide or obtain any area of each ventilated wall. When ven- needed veterinary care as soon as pos- tilation openings are located on all sible. Care during transport shall in- four walls of the primary enclosure, clude the following (on a species-spe- the openings shall comprise at least 8 cific basis): percent of the total surface area of (1) Keeping the skin moist or pre- each wall. At least one-third of the venting the drying of the skin by such minimum area required for ventilation methods as covering with wet cloths, shall be located on the lower one-half spraying it with water or applying a of the primary enclosure and at least nontoxic emollient; one-third of the total minimum area (2) Assuring that the pectoral flippers required for ventilation shall be lo- (when applicable) are allowed freedom cated on the upper one-half of the pri- of movement at all times; mary enclosure. (3) Making adjustments in the posi- (b) No more than one elephant or tion of the mammal when necessary to ungulate shall be transported in a pri- prevent necrosis of the skin at weight mary enclosure, except that: a mother pressure points; and and nursing young may be shipped in (4) Calming the mammal to prevent the same primary enclosure if the ship- struggling, thrashing, and other activ- ment complies with the provisions of ity that may cause overheating or § 14.105(b); in the case of land or sea physical trauma. transport, a pair of juvenile elephants (b) Unless otherwise directed by a or ungulates or other pairs that have shipper or authorized representative, been habitually housed together may at least one-half of the floor area in a be shipped in the same primary enclo- primary enclosure used to transport sure. sea otters to the United States shall (c) A primary enclosure used to contain sufficient crushed ice or ice transport an elephant or ungulate shall water to provide each otter with mois- be large enough to allow the animal to ture necessary to maintain its hair lie or stand in a natural upright posi- coat by preventing it from drying and tion with the head extended, but not to minimize soiling of the hair coat large enough for the animal to roll with urine and fecal material. over. (c) A marine mammal exhibiting ex- cited or otherwise dangerous behavior (d) A primary enclosure used to shall not be taken from its primary en- transport an elephant or ungulate with closure except under extreme emer- horns or tusks shall be designed and gency conditions and then only by the constructed to prevent the horns or shipper or other authorized individual tusks from becoming trapped or injur- who is capable of handling the animal ing the animal itself, other animals safely. nearby, attendants, or cargo handlers. (e) A primary enclosure for an ele- SPECIFICATIONS FOR ELEPHANTS AND phant or ungulate shall be equipped UNGULATES with a removable water trough that can be securely hung within the enclo- § 14.141 Consignment to carrier. sure above the floor and can be filled Species that grow antlers shall not from outside the enclosure. be accepted for transport unless the antlers have been shed or surgically re- SPECIFICATIONS FOR SLOTHS, BATS, AND moved. FLYING LEMURS (CYNOCEPHALIDAE)

§ 14.142 Primary enclosures. § 14.151 Primary enclosures. (a) Except as provided in § 14.106(j), (a) Except as provided in § 14.106(j), ventilation openings must be located ventilation openings must be located on at least two walls of a primary en- on at least two walls of a primary enclosure. When the required ventilation closure. When the required ventilation openings are located on two opposite openings are located on two opposite walls of the primary enclosure, these walls of the primary enclosure, these ventilation openings shall comprise at ventilation openings shall comprise at least 16 percent of the total surface least 16 percent of the total surface

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area of the ventilated wall. When ven- transported in a primary enclosure. tilation openings are located on all However, a mother and her nursing four walls, the openings shall comprise young may be shipped in the same pri- at least 8 percent of the total surface mary enclosure if the shipment com- area of each wall. At least one-third of plies with the provisions of § 14.105(b). the total minimum area required for (c) More than one rodent may be ventilation of the primary enclosure transported in the same primary enclo- shall be located on the upper one-half sure if they are members of the same of the primary enclosure. species and are maintained in compat- (b) No more than one sloth, bat, or ible groups. Rodents that are incom- flying lemur (Cynocephalidae) shall be patible shall be transported in indi- transported in a primary enclosure. vidual primary enclosures that are However, a mother and her nursing stored and transported so they are vis- young being transported for medical ually separated. A female with young reasons, an established male-female being transported for medical reasons pair, a family group, a pair of juvenile shall not be placed in a primary enclo- animals that have not reached puberty, sure with other animals. The following or other small groups of animals that chart specifies maximum densities have been habitually housed together minimum space for transporting ro- may be shipped in the same primary dents that fall within the specified enclosure. weight limitations. Max. No. refers to (c) A primary enclosure used to maximum number per primary enclo- transport sloths, bats, or flying lemurs sure; Space/animal refers to minimum shall be large enough to ensure that area of floor space per animals. Ro- each animal has sufficient space to dents weighing more than 5,000 grams move freely and in a normal manner shall be transported in individual en- and shall have a wide perch, bar, or closures. mesh of suitable strength fitted under the top of the enclosure and spaced DENSITY GUIDELINES FOR RODENTS from it in such a way that the animals Space/Animal Ht. of may hang from it freely in a natural Max. Box position. No. 2 2 cm in cm in

SPECIFICATIONS FOR OTHER wt. in grams of rodent: TERRESTRIAL MAMMALS 220 or less ...... 20 194 30 15 6 220–450 ...... 12 388 60 20 8 § 14.161 Primary enclosures. 450–1000 ...... 6 770 120 25 10 1,000–5,000 ...... 2 2,310 360 30 12 (a) Except as provided in § 14.106(j), ventilation openings must be located (d) A primary enclosure used to on at least two walls of a primary en- transport terrestrial mammals shall be closure. When the required ventilation large enough to ensure that each ani- openings are located on two opposite mal has sufficient space to turn around walls of the primary enclosure, these freely in a normal manner. The height ventilation openings shall comprise at of the primary enclosure shall provide least 16 percent of the total surface adequate space for the animal to stand area of each ventilated wall. When upright in a normal posture with space openings are located on all four walls above its head. The length of the pri- of the enclosure, the openings shall mary enclosure shall be great enough comprise at least 8 percent of the total to enable the animal to lie in a full surface area of each wall. At least one- prone position. third of the minimum area required for ventilation shall be located on the SPECIFICATIONS FOR BIRDS lower one-half of the enclosure, and at least one-third of the total minimum § 14.171 Consignment to carrier. area required for ventilation shall be (a) A personally owned pet bird origi- located on the upper one-half of the en- nally transported from the United closure. States and being returned to this coun- (b) No more than one terrestrial try with its original United States cer- mammal (other than rodents) shall be tificate of veterinary inspection within

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60 days of departure may be accepted plenishment or hand-carried and fed in by a carrier without a new veterinary accordance with the written instruc- examination. tions of the shipper. (b) No carrier shall accept for trans- (g) Birds transported in the same pri- port to the United States any bird that mary enclosure shall be of the same was captured in the wild unless a quali- species and be compatible with one an- fied veterinarian, authorized by the na- other. Birds that are incompatible tional government of the country from shall be placed in individual primary which the bird is being exported, cer- enclosures and these enclosures shall tifies that the bird has been held in not be stored or transported in visual captivity for at least 14 days. proximity to one another. § 14.172 Primary enclosures. (a) A primary enclosure for birds Subpart K—Captive Wildlife Safety shall have ventilation openings on two Act vertical sides that comprise at least 16 percent of the surface area of each side SOURCE: 72 FR 45946, Aug. 16, 2007, unless and are positioned so as to decrease the otherwise noted. likelihood of creating a draft. (b) Perches shall be provided for birds § 14.250 What is the purpose of these that rest by perching. The diameter of regulations? the perch shall be sufficient to permit The regulations in this subpart im- the birds to maintain a firm, com- plement the Captive Wildlife Safety fortable grip. Perches shall be placed Act (CWSA), 117 Stat. 2871, which so that droppings do not fall into food amended the Lacey Act Amendments or water troughs or onto other perched of 1981, 16 U.S.C. 3371–3378, by adding birds. There shall be enough head room paragraphs 2(g), 3(a)(2)(C), and 3(e) (16 to allow the birds to move onto and off U.S.C. 3371, 3372). the perches without touching the top of the enclosure. § 14.251 What other regulations may (c) An enclosure used to transport apply? one or more birds that rest by perching The provisions of this subpart are in shall be large enough to ensure that addition to, and are not in place of, sufficient perch space is available for other regulations of this subchapter B all birds to perch comfortably at the that may require a permit or describe same time. No more than 50 birds that additional restrictions or conditions rest by perching shall be transported in for the importation, exportation, one primary enclosure, with the excep- transportation, sale, receipt, acquisition of large birds (longer than 23 cm, tion, or purchase of wildlife in inter- or 9 inches), which are limited to a state or foreign commerce. maximum of 25 per primary enclosure. (d) A primary enclosure used to § 14.252 What definitions do I need to transport a raptorial bird shall be large know? enough to transport the bird comfortably and to permit it to turn In addition to the definitions con- around without stretching its wings to tained in part 10 of this subchapter, the fullest extent. Only one raptorial and unless the context otherwise re- bird shall be contained in a primary en- quires, in this subpart: closure. Accredited wildlife sanctuary means a (e) A primary enclosure containing facility that cares for live specimens of nonraptorial birds that do not rest by one or more of the prohibited wildlife perching shall be large enough for the species and: birds to turn around, to lie down, to (1) Is approved by the United States stand erect, and to change posture in a Internal Revenue Service as a corpora- normal manner. tion that is exempt from taxation (f) Nectar-feeding birds shall either under § 501(a) of the Internal Revenue be transported in a primary enclosure Code of 1986, which is described in equipped with feeding bottles acces- §§ 501(c)(3) and 170(b)(1)(A)(vi) of that sible from outside the enclosure for re- code;

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(2) Does not commercially trade in § 14.254 What are the requirements prohibited wildlife species, including contained in these regulations? offspring, parts, and products; In order to qualify for the exemption (3) Does not propagate any of the pro- in § 14.255, an accredited wildlife sanc- hibited wildlife species; and tuary must maintain complete and ac- (4) Does not allow any direct contact curate records of any possession, trans- between the public and the prohibited portation, acquisition, disposition, im- wildlife species. portation, or exportation of the prohib- Direct contact means any situation in ited wildlife species covered by the which any individual other than an au- CWSA. These records must be up to thorized keeper or caregiver may po- date, and must include the names and tentially touch or otherwise come into addresses of persons to or from whom physical contact with any live speci- any prohibited wildlife species has been men of the prohibited wildlife species. acquired, imported, exported, pur- Licensed person means any individual, chased, sold, or otherwise transferred; facility, agency, or other entity that and the dates of these transactions. holds a valid license from and is in- The accredited wildlife sanctuary must spected by the U.S. Department of Ag- maintain these records for 5 years, riculture’s Animal and Plant Health must make these records available to Inspection Service (APHIS) under the Service officials for inspection at rea- Animal Welfare Act (AWA) (7 U.S.C. sonable hours, and must copy these 2131 et seq.) (See definition of ‘‘li- records for Service officials, if re- censee’’ in 9 CFR 1.1.). quested. In addition, by declaring itself Prohibited wildlife species means a to be accredited under this subpart, a specimen of any of the following eight wildlife sanctuary agrees to allow ac- species: Lion (Panthera leo), tiger cess to its facilities and its prohibited (Panthera tigris), leopard (Panthera wildlife specimens by Service officials pardus), snow leopard (Uncia uncia), at reasonable hours. clouded leopard (Neofelis nebulosa), jag- uar (Panthera onca), cheetah (Acinonyx § 14.255 Are there any exemptions to jubatus), and cougar (Puma concolor) or the restrictions contained in these any hybrids resulting from the breed- regulations? ing of any combination of any of these The prohibitions of § 14.253 do not species, for example, a liger (a male apply to: lion and a female tiger) or a tiglon (a (a) A licensed person or registered male tiger and a female lion), whether person; naturally or artificially produced. (b) A State college, university, or Propagate means to allow or facili- agency; tate the production of offspring of any (c) A State-licensed wildlife of the prohibited wildlife species, by rehabilitator; any means. (d) A State-licensed veterinarian; Registered person means any indi- (e) An accredited wildlife sanctuary; vidual, facility, agency, or other entity or that is registered with and inspected (f) A person who: by APHIS under the AWA (See defini- (1) Can produce documentation show- tion of ‘‘registrant’’ in 9 CFR 1.1.). ing that he or she is transporting live prohibited wildlife species between per- § 14.253 What are the restrictions contained in these regulations? sons who are exempt from the prohibitions in § 14.253; and Except as provided in § 14.255, it is un- (2) Has no financial interest in the lawful for any person to import, ex- prohibited wildlife species other than port, transport, sell, receive, acquire, payment received for transporting or purchase, in interstate or foreign them. commerce, any live prohibited wildlife species.

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PART 15—WILD BIRD Subpart A—Introduction and CONSERVATION ACT General Provisions

Subpart A—Introduction and General § 15.1 Purpose of regulations. Provisions The regulations in this part implement the Wild Bird Conservation Act Sec. of 1992, Pub. L. 102–440, 16 U.S.C. 4901– 15.1 Purpose of regulations. 4916. 15.2 Scope of regulations. 15.3 Definitions. § 15.2 Scope of regulations. 15.4 Information collection requirements. (a) The regulations in this part apply Subpart B—Prohibitions and Requirements to all species of exotic birds, as defined in section 15.3. 15.11 Prohibitions. (b) The provisions in this part are in 15.12 Requirements. addition to, and are not in lieu of, other regulations of this subchapter B Subpart C—Permits and Approval of that may require a permit or prescribe Cooperative Breeding Programs additional restrictions or conditions 15.21 General application procedures. for the import, export, reexport, and 15.22 Permits for scientific research. transportation of wildlife. 15.23 Permits for zoological breeding or display programs. § 15.3 Definitions. 15.24 Permits for cooperative breeding. In addition to the definitions con- 15.25 Permits for personal pets. tained in parts 10 and 23 of this sub- 15.26 Approval of cooperative breeding pro- chapter B, and unless the context re- grams. quires otherwise, in this part: Documentation means a description of Subpart D—Approved List of Species Listed how scientific information was col- in the Appendices to the Convention lected, including the methodologies 15.31 Criteria for including species in the used; names and institutions of individ- approved list for captive-bred species. uals conducting the work; dates and lo- 15.32 Criteria for including species in the cations of any study; and any published approved list for non-captive-bred spe- results or reports from the work. cies. Exotic bird means any live or dead 15.33 Species included in the approved list. member of the Class Aves that is not indigenous to the 50 States or the Dis- Subpart E—Qualifying Facilities Breeding trict of Columbia, including any egg or Exotic Birds in Captivity offspring thereof, but does not include domestic poultry, dead sport-hunted 15.41 Criteria for including facilities as birds, dead museum specimens, dead qualifying for imports. [Reserved] scientific specimens, products manu- 15.42 List of foreign qualifying breeding fa- factured from such birds, or birds in cilities. [Reserved] any of the following families: Subpart F—List of Prohibited Species Not Phasianidae. Numididae, Cracidae, Listed in the Appendices to the Con- Meleagrididae, Megapodiidae, vention Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae. 15.51 Criteria for including species and Indigenous means a species that is countries in the prohibited list. [Re- naturally occurring, not introduced as served] a result of human activity, and that 15.52 Species included in the prohibited list. currently regularly inhabits or breeds [Reserved] in the 50 States or the District of Co- 15.53 Countries of export included in the lumbia. prohibited list. [Reserved] Life cycle means the annual processes AUTHORITY: 16 U.S.C. 4901–4916. involved with breeding, migration, and all other non-breeding activities. SOURCE: 58 FR 60536, Nov. 16, 1993, unless otherwise noted. Person means an individual, corporation, partnership, trust, association, or

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any other private entity; or any offi- The Service may not conduct or spon- cer, employee, agent, department, or sor, and you are not required to re- instrumentality of the Federal Govern- spond, to a collection of information ment, of any State, municipality, or unless it displays a currently valid political subdivision of a State, or of OMB control number. We are collecting any foreign government; any State, this information to provide informa- municipality, or political subdivision tion necessary to evaluate permit ap- of a State; or any other entity subject plications. We will use this informa- to the jurisdiction of the United tion to review permit applications and States. make decisions, according to criteria Species means any species, any sub- established in various Federal wildlife species, or any district population seg- conservation statutes and regulations, ment of a species or subspecies, and in- on the issuance, suspension, revoca- cludes hybrids of any species or sub- tion, or denial of permits. You must re- species. Hybrids will be treated accord- spond to obtain or retain a permit. ing to the more restrictive appendix or (b) We estimate the public reporting category in which either parental spe- burden for these reporting require- cies is listed. ments to vary from 1 to 4 hours per re- Status means a qualitative measure sponse, with an average of 2 hours per of the vulnerability to extinction or ex- response, including time for reviewing tirpation of a population at a given instructions, gathering and maintain- time (e.g., endangered, threatened, vul- ing data, and completing and reviewing nerable, non-threatened, or insuffi- the forms. Direct comments regarding ciently known). the burden estimate or any other as- Sustainable use means the use of a pect of these reporting requirements to species in a manner and at a level such the Service’s Information Collection that populations of the species are Clearance Officer at the address pro- maintained at biologically viable levels vided at 50 CFR 2.1(b). for the long term and involves a determination of the productive capacity of [63 FR 52634, Oct. 1, 1998, as amended at 79 FR the species and its ecosystem, in order 43964, July 29, 2014] to ensure that utilization does not exceed those capacities or the ability of Subpart B—Prohibitions and the population to reproduce, maintain Requirements itself and perform its role or function in its ecosystem. § 15.11 Prohibitions. Trend means a long-term assessment (a) Except as provided under a permit of any change in the absolute or rel- issued pursuant to subpart C of this ative size of a species’ population or part, it is unlawful for any person sub- habitat over time (e.g., increasing, de- ject to the jurisdiction of the United creasing, at equilibrium, insufficiently States to commit, attempt to commit, known). to solicit another to commit, or to United States means the 50 States, the cause to be committed, any of the acts District of Columbia, the Common- described in paragraphs (b) through (f) wealth of Puerto Rico, American of this section in regard to any exotic Samoa, the Virgin Islands, Guam, the bird. Commonwealth of the Northern Mar- (b) It is unlawful to import into the iana Islands, and the Trust Territory of United States any exotic bird species the Pacific Islands. listed in the Appendices to the Conven- [58 FR 60536, Nov. 16, 1993, as amended at 61 tion that is not included in the ap- FR 2091, Jan. 24, 1996] proved list of species, pursuant to subpart D of this part, except that this § 15.4 Information collection require- paragraph (b) does not apply to any ex- ments. otic bird that was bred in a foreign (a) The Office of Management and breeding facility listed as qualifying Budget approved the information col- pursuant to subpart E of this part. lection requirements contained in this (c) It is unlawful to import into the part 15 under 44 U.S.C. 3507 and as- United States any exotic bird species signed OMB Control Number 1018–0093. not listed in the Appendices to the

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Convention that is listed in the prohib- accordance with the issuance criteria ited species list, pursuant to subpart F of this subpart, for the following pur- of this part. poses only: Scientific research; zoolog- (d) It is unlawful to import into the ical breeding or display programs; co- United States any exotic bird species operative breeding programs designed from any country included in the pro- to promote the conservation and main- hibited country list, pursuant to sub- tenance of the species in the wild; or part F of this part. personally owned pets accompanying (e) It is unlawful to import into the persons returning to the United States United States any exotic bird species after being out of the country for more from a qualifying facility breeding ex- than 1 year. otic birds in captivity, listed pursuant (b) Additional requirements as indi- to subpart E of this part, if the exotic cated in parts 13, 14, 17, 21, and 23 of bird was not captive-bred at the listed this subchapter must also be met. facility. (c) A person wishing to obtain a per- (f) It is unlawful for any person submit under this subpart or approval of ject to the jurisdiction of the United cooperative breeding programs under States to engage in any activity with this subpart submits an application to an exotic bird imported under a permit the attention of the Director, U.S. Fish issued pursuant to this part that vio- and Wildlife Service, at the address lates a condition of said permit. listed for the Division of Management [58 FR 60536, Nov. 16, 1993, as amended at 59 Authority at 50 CFR 2.1(b). Each appli- FR 62255, Dec. 2, 1994] cation must contain the general information and certification required in § 15.12 Requirements. § 13.12(a) of this subchapter, and all of (a) No person shall import into the the information specified in the appli- United States any exotic bird except as cable section §§ 15.22 through 15.26. may be permitted under the terms of a [58 FR 60536, Nov. 16, 1993, as amended at 63 valid permit issued pursuant to the FR 52634, Oct. 1, 1998; 79 FR 43964, July 29, provisions of subpart C of this part and 2014] 50 CFR part 13, or in accordance with the provisions of subparts D–F of this § 15.22 Permits for scientific research. part 15, or in accordance with the pro- (a) Application requirements for per- visions of paragraph (b) of this section. mits for scientific research. Each appli- (b) Any exotic bird can be imported cation shall provide the following in- to the United States if it was legally formation and such other information exported from the United States with a that the Director may require: permit issued by the Service’s Office of (1) A description of the exotic bird(s) Management Authority, provided that to be imported, including: the import is by the same person who (i) The common and scientific names exported the bird, the import is accom- of the species, number, age or age panied by a copy of the cleared CITES class, and, when known, sex; and export permit or certificate issued by (ii) A statement as to whether, at the the Service that was used to export the time of the application, the exotic bird exotic bird, and the Service is satisfied is still in the wild, has already been re- that the same bird is being imported as moved from the wild, or was bred in is indicted on the aforementioned per- captivity; mit or certificate. (2) If the exotic bird is in the wild or was taken from the wild, include: Subpart C—Permits and Approval (i) The country and region where the of Cooperative Breeding Pro- removal will occur or occurred; grams (ii) A description of the status of the species in the region of removal; and § 15.21 General application proce- (iii) A copy of any foreign collecting dures. permit or authorizing letter, if applica- (a) The Director may issue a permit ble; authorizing the importation of exotic (3) If the exotic bird was bred in cap- birds otherwise prohibited by § 15.11, in tivity, include:

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

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(3) If the exotic bird was bred in cap- (b) Issuance criteria. Upon receiving tivity, include: an application completed in accordance (i) Documents or other evidence that with paragraph (a) of this section, the the bird was bred in captivity, includ- Director will decide whether or not a ing the name and address of the breed- permit should be issued. In making this er, and when known, identity of the pa- decision, the Director shall consider, in rental birds, and hatch date; and addition to the general criteria in part (ii) If the applicant is not the breed- 13 of this subchapter, the following fac- er, documentation showing the bird tors: was acquired from a breeder and a his- (1) Whether the zoological breeding tory of multiple transactions, if appli- or display program is adequate to jus- cable; tify removing the exotic bird from the (4) A statement of the reasons the ap- wild or otherwise changing its status; plicant is justified in obtaining a per- (2) Whether the proposed import mit, and a complete description of the would be detrimental to the survival of breeding or display program to be con- the exotic bird species in the wild, in- ducted with the exotic bird requested, cluding whether the exotic bird was including: bred in captivity or was (or will be) (i) A breeding or education protocol taken from the wild, taking into con- that provides information on edu- sideration the conservation status of cational materials on the ecology and/ the species in the wild; or conservation status of the species (3) Whether the permit, if issued, provided to the general public; would conflict with any known pro- (ii) Plans, if any, for developing or gram intended to enhance the survival maintaining a self-sustaining popu- of the population from which the ex- lation of the exotic bird species in cap- otic bird was or would be removed; tivity; (4) Whether the breeding or display (iii) A statement on efforts to obtain program for which the permit is re- birds from alternative sources or quired has conservation merit; and sources within the United States; (5) Whether the expertise, facilities (iv) The relationship of such a breed- or other resources available to the ap- ing or display program to the conserva- plicant appear adequate for proper care tion of the species in the wild; and and maintenance of the exotic bird and (v) Plans for disposition of the exotic to successfully accomplish the zoolog- birds and any progeny. ical breeding or display objectives stat- (5) A description of the care and ed in the application. maintenance of the exotic bird, and (c) Permit conditions. In addition to how the facility meets professionally the general conditions set forth in part recognized standards of the public dis- 13 of this subchapter, every permit play community, including: issued under this section shall be sub- (i) The name and address of the facil- ject to special conditions as the Direc- ity where the exotic bird will be main- tor may deem appropriate. tained; (d) Duration of permits. The duration (ii) Dimensions of existing enclosures of the import permits issued under this for the birds to be imported and num- section shall be designated on the face ber of birds to be housed in each; of the permit, but in no case will these (iii) Husbandry practices; permits be valid for longer than one (6) A history of the zoological facili- year. ty’s breeding programs with the same or similar species, including: § 15.24 Permits for cooperative breed- (i) Participation in any cooperative ing. breeding programs; (a) Application requirements for per- (ii) Breeding and inventory records mits for cooperative breeding. Each ap- for the last two years, including hatch- plication shall provide the following ing, survival, and mortality records; information and such other informa- and tion that the Director may require: (iii) Causes of any mortalities and ef- (1) A description of the exotic bird(s) forts made to correct any problems. to be imported, including:

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(i) The common and scientific names (6) A statement outlining the appli- of the species, number, age or age cant’s attempts to obtain the exotic class, and, when known, sex; and bird in a manner that would not cause (ii) A statement as to whether, at the its removal from the wild, and at- time of the application, the exotic bird tempts to obtain the specimens of the is still in the wild, has already been re- exotic bird species from stock available moved from the wild, or was bred in in the United States; captivity; (7) A description of the care and (2) If the exotic bird is still in the maintenance of the exotic bird, and wild or was taken from the wild in- how the facility meets professionally clude; recognized standards, including; (i) The country and region where the (i) The name and address of the facil- removal will occur or occurred; ity where the exotic bird will be main- (ii) A description of the status of the tained; species in the region of removal; and (ii) Dimensions of existing enclosures (iii) A copy of any foreign collecting for birds to be imported and number of permit or authorizing letter, if applica- birds to be housed in each; and ble; (iii) Husbandry practices; (3) If the exotic bird was bred in cap- (8) A history of the applicant’s past tivity, include; participation in cooperative breeding programs with the same or similar spe- (i) Documents or other evidence that cies, including; the bird was bred in captivity, includ- (i) Breeding and inventory records for ing the name and address of the breed- at least the last two years; er, when known, the identity of the pa- (ii) Hatching, survival, and mortality rental birds and hatch date; and records; (ii) If the applicant is not the breed- (iii) Causes of any mortalities and ef- er, documentation showing the bird forts made to correct any problems. was acquired from the breeder and a (b) Issuance criteria. Upon receiving history of multiple transactions, if ap- an application completed in accordance plicable; with paragraph (a) of this section, the (4) A statement of the reasons the ap- Director will decide whether or not a plicant is justified in obtaining a per- permit should be issued. In making this mit, and a statement detailing the ap- decision, the Director shall consider, in plicant’s participation in a cooperative addition to the general criteria in part breeding program approved under sec- 13 of this subchapter, the following fac- tion 15.26 of this chapter, including; tors; (i) Copies of any signed agreements (1) Whether the cooperative breeding or protocols with the monitoring program is adequate to justify remov- avicultural, conservation, or zoological ing the exotic bird from the wild or organization overseeing the program; otherwise changing its status; and (2) Whether the proposed import (ii) Applicable records of the coopera- would be detrimental to the survival of tive breeding program of any other the exotic bird species in the wild, in- birds imported, their progeny, and cluding whether the exotic bird was their disposition; bred in captivity or was (or will be) (5) A complete description of the re- taken from the wild, taking into con- lationship of the exotic bird to the ap- sideration the conservation status of proved cooperative breeding program, the species in the wild; including; (3) Whether the cooperative breeding (i) A statement of the role of the ex- program for which the permit is re- otic bird in a breeding protocol; quired would be likely to enhance or (ii) A plan for maintaining a self-sus- promote the conservation of the exotic taining captive population of the ex- bird species in the wild or result in a otic bird species; self-sustaining population of the exotic (iii) Details on recordkeeping; and bird species in captivity; and (iv) Plans for disposition of the ex- (4) Whether the expertise, facilities, otic birds and any progeny produced or other resources available to the ap- during the course of this program. plicant appear adequate for proper care

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and maintenance of the exotic birds statement with name and address of and to successfully accomplish the co- breeder, date of sale or transfer, species operative breeding objectives stated in and hatch date. the application. (b) Issuance criteria. Upon receiving (c) Permit conditions. In addition to an application completed in accordance the general conditions set forth in part with paragraph (a) of this section, the 13 of this subchapter, every permit Director will decide whether or not a issued under this section shall be sub- permit should be issued. In making this ject to special conditions as the Direc- decision, the Director shall consider, in tor may deem appropriate. addition to the general criteria in part (d) Duration of permits. The duration 13 of this subchapter, the following fac- of the import permits issued under this tors: section shall be designated on the face (1) Whether the proposed import of the permit, but in no case will these would be detrimental to the survival of permits be valid for longer than one the exotic bird species in the wild; year. (2) Whether the exotic bird to be imported is a personal pet owned by the § 15.25 Permits for personal pets. applicant, who has continuously re- (a) Application requirements for per- sided outside the United States for a sonal pets not intended for sale. No indi- minimum of one year, and who has no vidual may import more than two ex- intention to sell the bird; and otic birds as pets in any year. Each ap- (3) Whether the number of exotic plication shall provide the following birds imported in the previous 12 information and such other informa- months by the applicant does not ex- tion that the Director may require: ceed two. (1) A description of the exotic bird to (c) Permit conditions. In addition to be imported, including; the general conditions set forth in part (i) The common and scientific names, 13 of this subchapter, every permit number, age, and, when known, sex; issued under this section shall be sub- (ii) A band number, house name, or ject to special conditions that no indi- any other unique identifying feature; vidual may import more than two ex- and otic birds as personal pets in any year, (iii) A statement as to whether the the exotic birds cannot be sold after exotic bird was bred in captivity or importation into the United States, taken from the wild; and any other conditions as the Direc- (2) A statement of the reasons the ap- tor may deem appropriate. plicant is justified in obtaining a per- (d) Duration of permits. The duration mit; of the import permits issued under this (3) Documentation showing that the section shall be designated on the face applicant has continually resided out- of the permit. side of the United States for a minimum of one year; § 15.26 Approval of cooperative breed- (4) A statement of the number of ex- ing programs. otic birds imported during the previous Upon receipt of a complete applica- 12 months as personal pets by the ap- tion, the Director may approve cooper- plicant; ative breeding programs. Such ap- (5) Information on the origin of the proval will allow individuals to import exotic bird, including; exotic birds otherwise prohibited by (i) Country of origin; and section 15.11, with permits under sec- (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:

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(1) A description of the exotic bird(s) with paragraph (a) of this section, the to be imported or to be covered under Director will decide whether or not a the program, including the common cooperative breeding program should and scientific names of the species, be approved. In making this decision, number, sex ratio (if applicable), and the Director shall consider, in addition age class; to the general criteria in part 13 of this (2) A statement of the reasons the ap- subchapter, the following factors: plicant is justified in obtaining this ap- (1) Whether the cooperative breeding proval, and a description of the cooper- program for which the approval is re- ative breeding program requested for quested is adequate to justify removing the exotic bird species, including: the exotic bird from the wild or other- (i) A breeding protocol, including a wise changing its status; genetic management plan and breeding (2) Whether the granting of this ap- methods; proval would be detrimental to the sur- (ii) A statement on the plans for de- vival of the exotic bird species in the veloping and maintaining a self-sus- wild, including whether the exotic taining population in captivity of the birds were bred in captivity or will be exotic bird species; taken from the wild, taking into con- (iii) Details on the system of record- sideration the conservation status of keeping and tracking of birds and their the species in the wild; progeny, including how individual (3) Whether the granting of this ap- specimens will be marked or otherwise proval would conflict with any known identified; program intended to enhance the sur- (iv) A statement on the relationship vival of the population from which the of such a breeding program to the con- exotic bird species was or would be re- servation of the exotic bird species in moved; the world; (4) Whether the cooperative breeding (v) Details on the funding of this pro- program for which the permit is re- gram; and quested would be likely to enhance or (vi) Plans for disposition of the ex- promote the conservation of the exotic otic birds and any progeny; bird species in the wild or result in a (3) A qualification statement for each self-sustaining population of the exotic individual who will be overseeing the bird species in captivity; and cooperative breeding program. This (5) Whether the expertise or other re- statement should include information sources available to the program ap- on the individual’s prior experience pear adequate to successfully accom- with the same or similar bird species. plish the objectives stated in the appli- Individuals overseeing the program cation. will be required to demonstrate an af- (c) Publication in the FEDERAL REG- filiation with an avicultural, conserva- ISTER. The Director shall publish no- tion, or zoological organization; tice in the FEDERAL REGISTER of each (4) A statement of the oversight of application submitted under § 15.26(a). the program by the avicultural, zoolog- Each notice shall invite the submission ical, or conservation organization, in- from interested parties of written data, cluding their monitoring of participa- views, or arguments with respect to tion in the program, criteria for ac- the application. The Director shall ceptance of individuals into the pro- publish periodically a notice as appro- gram, and the relationship of the coop- priate in the FEDERAL REGISTER of the erative breeding program to enhancing list of approved cooperative breeding the propagation and survival of the programs. species; and (d) Approval conditions. In addition to (5) A history of the cooperative the general conditions set forth in part breeding program, including an annual 13 of this subchapter, every approval report for the last 3 years (if applica- issued under this paragraph shall be ble), mortality records, breeding subject to the special condition that records, and a studbook if one has been the cooperative breeding program shall developed for the species. maintain records of all birds imported (b) Issuance criteria. Upon receiving under permits issued under this sub- an application completed in accordance part and their progeny, including their

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sale or transfer, death, or escape, and (a) Requirements for scientifically-based breeding success. These records shall sustainable use management plans. Sus- be made available to the Service on re- tainable use management plans devel- quest and when renewing an approval. oped by the country of export should be (e) Duration of approval. Cooperative submitted for species which breed in breeding programs shall be approved the country of export. If the species for two years, at which time applicants does not breed in the country of export, may apply to the Service for renewal of the Service will consider sustainable a program’s approval. Applications for use management plans only when the renewal of approval shall comply with plan is scientifically valid and nesting the general conditions set forth in part (breeding) information can be provided 13 of this subchapter. from countries in which the species breeds. Sustainable use management Subpart D—Approved List of Spe- plans shall include the following infor- cies Listed in the Appendices mation, and any other information to the Convention that may be appropriate: (1) Background information, including the following: SOURCE: 59 FR 62262, Dec. 2, 1994, unless otherwise noted. (i) The scientific and common name of the species; § 15.31 Criteria for including species (ii) Letters from the country of ex- in the approved list for captive- port’s Management and Scientific Au- bred species. thorities transmitting the manage- The Director will periodically review ment plan of this species; the list of captive-bred exotic bird spe- (iii) A summary of the country of ex- cies in paragraph 15.33(a), for which import’s legislation related to this species portation into the United States is ap- and legislation implementing the Con- proved. Any exotic bird species listed vention, and, where appropriate, a in paragraph 15.33(a) pursuant to this summary of implementing regulations; section must meet all of the following (iv) A summary, from the country of criteria: export’s Management Authority, of the (a) All specimens of the species country’s infrastructure and law en- known to be in trade (legal or illegal) forcement and monitoring mechanisms are captive-bred; designed to ensure both enforcement of (b) No specimens of the species are and compliance with the requirements known to be removed from the wild for of the management plan, and that the commercial purposes; number of birds removed from the wild (c) Any importation of specimens of or exported will be consistent with the the species would not be detrimental to management plan; the survival of the species in the wild; (v) Recent information on the dis- and tribution of the species within the (d) Adequate enforcement controls country of export, including scientific are in place to ensure compliance with references and maps, and historical in- paragraphs (a) through (c) of this sec- formation on distributions, if relevant; tion. and (vi) The species’ status and its cur- § 15.32 Criteria for including species rent population trend in the country of in the approved list for non-captive- export, including scientific references bred species. and copies of the most recent non-det- Upon receipt of a completed sustain- riment findings made by the exporting able use management plan for a coun- country’s Scientific Authority. try of export, the Director may ap- (2) Habitat information, including: prove a species listed in Appendices II (i) A general description of habitats or III of the Convention for importa- used by the species for each portion of tion from that country. Such approval the life cycle completed within the shall be granted in accordance with the country of export; issuance criteria of this section. All ap- (ii) Recent information on the size proved species and countries of export and distribution of these habitats will be listed in section 15.33. throughout the country of export and

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in each area or region of take, includ- should have been conducted during the ing scientific references and maps. The same season (breeding or non-breeding) approximate location of any reserves of each year for which documentation that provide protection for this species is submitted (i.e., be methodologically should be indicated on the accom- comparable—both temporally and spa- panying map(s), along with a brief de- tially); scription of how reserves are protected (iii) Within each area or region of and how that protection is enforced; take, a scientific assessment (with doc- (iii) Status and trends of the impor- umentation) of recent reproductive tant habitats used by the species in the (nesting) success. This assessment country of export as a whole whenever should include information on the available and within each area or re- number of young produced per egg-lay- gion of take, including scientific ref- ing female per year or per nesting pair, erences; or if scientifically appropriate for the (iv) Factors, including management species to be exported, estimates on activities, favoring or threatening the the number of young produced per year species’ habitat in the foreseeable fu- from pre-breeding and post-breeding ture within each area or region of take, surveys conducted within the same an- and throughout the country of export nual cycle; whenever available, including sci- (iv) Within each area or region of entific references; and take, estimation (with documentation) (v) A list of management plans that of annual mortality or loss including have been or are being planned, devel- natural mortality and take for subsist- oped, or implemented for the species’ ence use, export trade, and domestic important habitats, if any. trade in each area of take; or (3) Information on the role of the spe- (v) When appropriate, information cies in its ecosystem, including: (with documentation) on the number of (i) A description of the part(s) of the young which can be taken from the species’ life cycle completed within the area, as a result of a conservation en- country of export; hancement program. (ii) A description of nest sites and/or (5) Determination of biologically sus- plant communities that are most fre- tainable use: quently used for placement of nests (i) Estimation of the number ex- and, if applicable, nesting habits; ported from the country during the (iii) A general description of the spe- past 2 years, and the number of birds cies’ diet and where the species forages removed from the wild for export, do- (aerial feeder, tree canopy, tree trunk, mestic trade, illegal trade, subsistence midstory, understory, open water or use, and other purposes (specify) for other), and seasonal changes in for- the country of export during the past 2 aging habits, including, when avail- years; able, scientific references; and (ii) The estimated number of birds (iv) Information on any species or that will be removed from the wild plant community which is dependent from each area of take each year for all on the occurrence of the exotic bird purposes (export trade, domestic trade, species. illegal trade, and subsistence use), in- (4) Population dynamics of the spe- cluding a description of age-classes cies, including: (nestlings, fledglings, sub-adults, (i) Recent population data for the adults, all classes), when applicable; population of the species in the coun- (iii) For the projected take addressed try of export, as derived from indices of in the management plan, a description relative abundance or population esti- of the removal process, including, but mates, along with documentation for not limited to, locations, time of year, each estimate; capture methods, means of transport, (ii) Within each area or region of and pre-export conditioning; take, documentation for recent popu- (iv) Documentation of how each pro- lation data or estimates, conducted for jected level of take was determined; at least 3 separate years or 1 year with (v) Explanation of infrastructure and a description of survey plans for future law enforcement and monitoring mech- years. These population assessments anisms that ensure compliance with

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the methodology in the management (i) Establishment of a functioning plan and that the species will be re- Scientific Authority; moved at a level that ensures sustain- (ii) The requirements of Article IV of able use; and the Convention; (vi) Description of how species in (iii) Remedial measures rec- each area or region of take will be ommended by the Parties to the Con- monitored in order to determine vention with respect to this and simi- whether the number and age classes of lar species, including recommendations birds taken is sustainable. of permanent committees of the Con- (6)(i) For species that are considered vention; and ‘‘pests’’ in the country of origin: docu- (iv) Article VIII of the Convention, mentation that such a species is a pest, including but not limited to establish- including a description of the type of ment of legislation and infrastructure pest,—e.g., agricultural, disease car- necessary to enforce the Convention, rier; a description of the damage the and submission of annual reports to pest species causes to its ecosystem; the Convention’s Secretariat; and a description of how the sustain- (2) Whether the country of export has able use management plan controls developed a scientifically-based man- population levels of the pest species. agement plan for the species that: (ii) For non-pest species: A descrip- (i) Provides for the conservation of tion of how the sustainable use man- the species and its habitat(s); agement plan promotes the value of (ii) Includes incentives for conserva- the species and its habitats. Incentives tion unless the species is a documented for conservation may be generated by pest species; environmental education, cooperative (iii) Is adequately implemented and efforts or projects, development of co- enforced; operative management units, and/or (iv) Ensures that the use of the spe- activities involving local communities. cies is: (7) Additional factors: (A) Sustainable; (i) Description of any existing en- (B) Maintained throughout its range hancement activities developed for the at a level that is consistent with the species, including, but not limited to, species’ role in its ecosystem; and annual banding programs, nest watch- (C) Is well above the level at which ing/guarding, and nest improvement; the species might become threatened; and (v) Addresses illegal trade, domestic (ii) Description, including photo- trade, subsistence use, disease, and graphs or diagrams, of the shipping habitat loss; and methods and enclosures proposed to be (vi) Ensures that the methods of cap- used to transport the exotic birds, in- ture, transport, and maintenance of cluding but not limited to feeding and the species minimize the risk of injury, care during transport, densities of damage to health, and inhumane treat- birds in shipping enclosures, and esti- ment; and mated consignment sizes. (3) If the species has a multi-national (b) Approval criteria. Upon receiving a distribution: sustainable use management plan in (i) Whether populations of the species accordance with paragraph (a) of this in other countries in which it occurs section, the Director will decide wheth- will not be detrimentally affected by er or not an exotic bird species should exports of the species from the country be listed as an approved species for im- requesting approval; portation from the country of export, (ii) Whether factors affecting con- under section 15.33. In making this de- servation of the species, including ex- cision, the Director shall consider in port from other countries, illegal addition to the general criteria in part trade, domestic use, or subsistence use 13 of this subchapter, all of the fol- are regulated throughout the range of lowing factors for the species: the species so that recruitment and/or (1) Whether the country of export is breeding stocks of the species will not effectively implementing the Conven- be detrimentally affected by the pro- tion, particularly with respect to: posed export;

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(iii) Whether the projected take and FEDERAL REGISTER of the availability export will not detrimentally affect of each complete sustainable use man- breeding populations; and agement plan received under paragraph (iv) Whether the projected take and (a) of this section. Each notice shall in- export will not detrimentally affect ex- vite the submission from interested isting enhancement activities, con- parties of written data, views, or argu- servation programs, or enforcement ef- ments with respect to the proposed ap- forts throughout the species’ range. proval. (4) For purposes of applying the cri- (d) Duration of approval. A species and terion in paragraph (b)(2)(iv) of this country of export listed in section 15.33 section, the Director may give positive as approved shall be approved for 3 consideration to plans wherein very years, at which time renewal of ap- conservative capture and export quotas proval shall be considered by the Serv- are implemented prior to being able to ice. obtain all of the biological information [61 FR 2091, Jan. 24, 1996] necessary for a more large-scale management plan, if the country can dem- § 15.33 Species included in the ap- onstrate that such conservative cap- proved list. ture and export quotas are non-detri- (a) Captive-bred species. The list in mental to the species survival in the this paragraph includes species of cap- wild under the criterion in paragraph tive-bred exotic birds for which impor- (b)(2)(iv) of this section. tation into the United States is not (c) Publication in the Federal Register. prohibited by section 15.11. The species The Director shall publish notice in the 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 ...... Turquoise parrot. Neophema splendida ...... 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.

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Species Common name

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 this species under part 17 of this chapter.

(b) Non-captive-bred species. The list Subpart E—Qualifying Facilities in this paragraph includes species of Breeding Exotic Birds in Captivity non-captive-bred exotic birds and countries for which importation into the § 15.41 Criteria for including facilities United States is not prohibited by sec- as qualifying for imports. [Re- tion 15.11. The species are grouped tax- served] onomically by order, and may only be § 15.42 List of foreign qualifying breed- imported from the approved country, ing facilities. [Reserved] except as provided under a permit issued pursuant to subpart C of this Subpart F—List of Prohibited Spe- part. cies Not Listed in the Appen- [59 FR 62262, Dec. 2, 1994, as amended at 61 dices to the Convention FR 2093, Jan. 24, 1996; 82 FR 16540, Apr. 5, 2017] § 15.51 Criteria for including species and countries in the prohibited list. [Reserved] § 15.52 Species included in the prohibited list. [Reserved] § 15.53 Countries of export included in the prohibited list. [Reserved]

PART 16—INJURIOUS WILDLIFE

Subpart A—Introduction Sec. 16.1 Purpose of regulations. 16.2 Scope of regulations. 16.3 General restrictions.

Subpart B—Importation or Shipment of Injurious Wildlife 16.11 Importation of live wild mammals. 16.12 Importation of live wild birds or their eggs. 16.13 Importation of live or dead fish, mollusks, and crustaceans, or their eggs. 16.14 Importation of live or dead amphibians or their eggs. 16.15 Importation of live reptiles or their eggs.

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Subpart C—Permits Subpart B—Importation or 16.22 Injurious wildlife permits. Shipment of Injurious Wildlife

Subpart D—Additional Exemptions § 16.11 Importation of live wild mammals. 16.32 Importation by Federal agencies. (a) The importation, transportation, 16.33 Importation of natural-history speci- or acquisition is prohibited of live mens. specimens of: (1) Any species of so- AUTHORITY: 18 U.S.C. 42. called ‘‘flying fox’’ or fruit bat of the genus Pteropus; (2) any species of mon- SOURCE: 39 FR 1169, Jan. 4, 1974, unless oth- goose or meerkat of the genera Atilax, erwise noted. Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata; (3) any species of Subpart A—Introduction European rabbit of the genus Oryctolagus; (4) any species of Indian § 16.1 Purpose of regulations. wild dog, red dog, or dhole of the genus The regulations contained in this Cuon; (5) any species of multimammate part implement the Lacey Act (18 rat or mouse of the genus Mastomys; (6) U.S.C. 42). any raccoon dog, Nyctereutes procyonoides; and (7) any brushtail pos- § 16.2 Scope of regulations. sum, Trichosurus vulpecula: Provided, that the Director shall issue permits The provisions of this part are in ad- authorizing the importation, transpor- dition to, and are not in lieu of, other tation, and possession of such mam- regulations of this subchapter B which mals under the terms and conditions may require a permit or prescribe addi- set forth in § 16.22. tional restrictions or conditions for the (b) Upon the filing of a written dec- importation, exportation, and inter- laration with the District Director of state transportation of wildlife (see Customs at the port of entry as re- also part 13). quired under § 14.61, all other species of live wild mammals may be imported, § 16.3 General restrictions. transported, and possessed in captivity, without a permit, for scientific, med- Any importation or transportation of ical, educational, exhibition, or propa- live wildlife or eggs thereof, or dead gating purposes, but no such live wild fish or eggs or salmonids of the fish mammals or any progeny thereof may family Salmonidae into the United be released into the wild except by the States or its territories or possessions State wildlife conservation agency is deemed to be injurious or potentially having jurisdiction over the area of re- injurious to the health and welfare of lease or by persons having prior writ- human beings, to the interest of for- ten permission for release from such estry, agriculture, and horticulture, agency: Provided, That the provisions and to the welfare and survival of the of this paragraph shall not apply to wildlife or wildlife resources of the live game mammals from Mexico, the United States; and any such importa- importation of which is governed by tion into or the transportation of live regulations under part 14 of this chap- wildlife or eggs thereof between the ter. continental United States, the District [39 FR 1169, Jan. 4, 1974, as amended at 47 FR of Columbia, Hawaii, the Common- 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002] wealth of Puerto Rico, or any territory or possession of the United States by § 16.12 Importation of live wild birds any means whatsoever, is prohibited or their eggs. except for certain purposes and under (a) The importation, transportation, certain conditions as hereinafter pro- or acquisition is prohibited of any live vided in this part: Provided, That the specimen or egg of (1) the species of so- provisions of this section shall not called ‘‘pink starling’’ or ‘‘rosy pastor’’ ; (2) the species of dioch apply to psittacine birds (see also Sturnus roseus (including the subspecies black-front- §§ 16.32 and 16.33 for other exemptions). ed, red-billed, or Sudan dioch) Quelea

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quelea; (3) any species of Java sparrow, (d) The importation of the eggs of Padda oryzivora; (4) the species of red- wild nongame birds is prohibited ex- whiskered bul-bul, Pycnonotus jocosus: cept as permitted under § 16.33. Provided, That the Director shall issue permits authorizing the importation, § 16.13 Importation of live or dead fish, mollusks, and crustaceans, or their transportation, and possession of such eggs. live birds under the terms and conditions set forth in § 16.22. (a) Upon an exporter filing a written (b) Upon the filing of a written dec- declaration with the District Director 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 without a permit, for scientific, med- captivity without a permit except as ical, educational, exhibition, or propa- follows: gating purposes, and the eggs of such (1) No such live fish, mollusks, crus- birds may be imported, transported, tacean, or any progency or eggs thereof and possessed, without a permit, for may be released into the wild except by propagating or scientific collection the State wildlife conservation agency purposes, but no such live wild game having jurisdiction over the area of re- birds or any progeny thereof may be release or by persons having prior writ- leased into the wild except by the ten permission from such agency. State wildlife conservation agency (2) The importation, transportation, having jurisdiction over the area of re- or acquisition of any of the species list- lease or by persons having prior writ- ed in this paragraph is prohibited exten permission for release from such cept as provided under the terms and agency. conditions set forth in § 16.22: (c) Upon the filing of a written dec- (i) Live fish or viable eggs of walking laration with the District Director of catfish, family Clariidae. Customs at the port of entry as re- (ii) Live mitten crabs, genus quired under § 14.61, all species of live, Eriocheir, or their viable eggs. wild nongame birds (other than those (iii) Live mollusks, veligers, or viable listed in paragraph (a) of this section) eggs of zebra mussels, genus Dreissena. may be imported, transported, and pos- (iv) Any live fish or viable eggs of sessed in captivity, without a permit, snakehead fishes of the genera Channa for scientific, medical, educational, ex- and Parachanna (or their generic syno- hibition, or propagating purposes, but nyms of Bostrychoides, Ophicephalus, no such live, wild nongame birds or any Ophiocephalus, and Parophiocephalus) of the Family Channidae, including but progeny thereof may be released into not limited to: the wild except by or under the direc- (A) Channa amphibeus (Chel or Borna tion of State wildlife conservation snakehead). agencies when such agencies have re- (B) Channa argus (Northern or Amur ceived prior written permission from snakehead). the Director for such release: Provided, (C) Channa asiatica (Chinese or That the provisions of this paragraph Northern Green snakehead). shall not apply to live bald and golden (D) Channa aurantimaculata. eagles or to live migratory birds, the (E) Channa bankanensis (Bangka importation of which is governed by snakehead). regulations under parts 22 and 21 of (F) Channa baramensis (Baram this chapter, respectively, or to birds snakehead). of the Family Psittacidae (parrots, ma- (G) Channa barca (barca or tiger caws, cockatoos, parakeets, lories, snakehead). lovebirds, etc.), the importation and (H) Channa bleheri (rainbow or jewel transportation of which is governed by snakehead). U.S. Public Health Service regulations (I) Channa cyanospilos (bluespotted under 42 CFR parts 71 and 72. snakehead).

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(J) Channa gachua (dwarf, gaucha, or (vii) Any live fish, gametes, viable frog snakehead). eggs, or hybrids of Perccottus glenii (K) Channa harcourtbutleri (Inle (Amur sleeper), family Odontobutidae. snakehead). (viii) Any live fish, gametes, viable (L) Channa lucius (shiny or splendid eggs, or hybrids of the following spe- snakehead). cies in family Percidae: (M) Channa maculata (blotched (A) Perca fluviatilis (European perch). snakehead). (B) Sander lucioperca (zander). (N) Channa marulius (bullseye, (ix) Any live fish, gametes, viable murrel, Indian, great, or cobra eggs, or hybrids of Silurus glanis (wels snakehead). catfish), family Siluridae. (O) Channa maruloides (emperor (x) Any live crustacean, gametes, via- snakehead). ble eggs, or hybrids of Cherax destructor (P) Channa melanoptera. (common yabby), family Parastacidae. (Q) Channa melasoma (black snakehead). (3) Notwithstanding § 16.32, all Fed- (R) Channa micropeltes (giant, red, or eral agencies shall be subject to the re- redline snakehead). quirements stated within this section. (S) Channa nox. Live or dead uneviscerated salmonid (T) Channa orientalis (Ceylon or Cey- fish (family Salmonidae), live fertilized lonese Green snakehead). eggs, or gametes of salmonid fish are (U) Channa panaw. prohibited entry into the United States (V) Channa pleurophthalmus (ocel- for any purpose except by direct ship- lated, spotted, or eyespot snakehead). ment accompanied by a certification (W) Channa punctata (dotted or spot- that: as defined in paragraph (e)(1) of ted snakehead). this section, the fish lots, from which (X) Channa stewartii (golden the shipments originated, have been snakehead). sampled; virus assays have been con- (Y) Channa striata (chevron or striped ducted on the samples according to snakehead). methods described in paragraphs (e)(2) (Z) Parachanna africana (Niger or Af- through (4); of this section; and rican snakehead). Oncorhynchus masou virus and the vi- (AA) Parachanna insignis (Congo, ruses causing viral hemorrhagic septi- square-spotted African or light African cemia, infectious hematopoietic necro- snakehead). sis, and infectious pancreatic necrosis (BB) Parachanna obscura (dark Afri- have not been detected in the fish can, dusky, or square-spotted stocks from which the samples were snakehead). taken. In addition, live salmonid fish (v) Any live fish, gametes, viable can be imported into the United States eggs, or hybrids of the following spe- only upon written approval from the cies in family Cyprinidae: Director of the U.S. Fish and Wildlife (A) Carassius carassius (crucian carp). Service. (B) Carassius gibelio (Prussian carp). (4) All live fish eggs of salmonid fish (C) Hypophthalmichthys harmandi must be disinfected within 24 hours (largescale silver carp). prior to shipment to the United States. (D) Hypophthalmichthys molitrix (sil- Disinfection shall be accomplished by ver carp). immersion for 15 minutes in a 75 part (E) Hypophthalmichthys nobilis (big- per million (titratable active iodine) head carp). non-detergent solution of (F) Mylopharyngodon piceus (black polyvinylpyrrolidone iodine (iodophor) carp). buffered to a pH of 6.0 to 7.0. Following (G) Phoxinus phoxinus (Eurasian min- disinfection, the eggs shall be rinsed now). and maintained in water free of fish (H) Pseudorasbora parva (stone pathogens until packed and shipped. moroko). Any ice or water used for shipping (I) Rutilus rutilus (roach). shall be from pathogen-free water. (vi) Any live fish, gametes, viable (b)(1) The certification to accompany eggs, or hybrids of Lates niloticus (Nile importations as required by this sec- perch), family Centropomidae. tion shall consist of a statement in the

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English language, printed or type- (Printed name of certifying official) written, stating that this shipment of Date: llllllllllllllllllll dead uneviscerated salmonid fish, live Organization employing certifying official: Mailing address: lllllllllllllll salmonid fish, or live, disinfected fer- City: lllllllllllllllllllll tilized eggs or gametes of salmonid fish State/Province: lllllllllllllll has been tested, by the methods out- Zip Code/Mail Code: lllllllllllll lined in this section, and none of the Country: llllllllllllllllll listed viruses were detected. The cer- Office telephone number: International code tification shall be signed in the coun- Telephone number lllllllllllll try of origin by a qualified fish pathol- Fax number lllllllllllllllll ogist designated as a certifying official (c) Nothing in this part shall restrict by the Director. the importation and transportation of (2) The certification must contain: dead salmonid fish when such fish have (i) The date and port of export in the been eviscerated (all internal organs country of origin and the anticipated removed, gills may remain) or filleted date of arrival in the United States and or when such fish or eggs have been port of entry; processed by canning, pickling, smok- (ii) Surface vessel name or number or ing, or otherwise prepared in a manner air carrier and flight number; whereby the Oncorhynchus masou virus (iii) Bill of lading number or airway and the viruses causing viral hemor- bill number; rhagic septicemia, infectious (iv) The date and location where fish, hematopoietic necrosis, and infectious tissue, or fluid samples were collected; pancreatic necrosis have been killed. (v) The date and location where virus (d) Any fish caught in the wild in assays were completed; and North America under a valid sport or (vi) The original handwritten signa- commercial fishing license shall be ex- ture, in ink, of the certifying official empt from sampling and certification and his or her address and telephone requirements and from filing the Dec- number. laration for Importation of Wildlife. (3) Certification may be substantially The Director may enter into formal in the following form: agreements allowing the importation I, llll, designated by the Director of of gametes, fertilized eggs, live fish, or the U.S. Fish and Wildlife Service on llll dead, uneviscerated fish without in- (date), as a certifying official for llll spection and certification of pathogen (country), as required by Title 50, CFR 16.13, status, if the exporting Nation has an do hereby certify that the fish lot(s) of origin acceptable program of inspection and for this shipment of llll (weight in kilo- grams) dead uneviscerated salmonid fish, pathogen control in operation, can doc- live salmonid fish, live salmonid fish eggs ument the occurrence and distribution disinfected as described in § 16.13, or live of fish pathogens within its boundaries, salmonid gametes to be shipped under and can demonstrate that importation llll (bill of lading number or airway bill of salmonid fishes into the United number), were sampled at llll (location States from that National will not pose of fish facility) on llll (sampling date) a substantial risk to the public and pri- and the required viral assays were completed vate fish stocks of the United States. on llll (date assays were completed) at llll (location where assays were con- (e) Fish sampling requirements, sample ducted) using the methodology described in processing, and methods for virus as- § 16.13. I further certify that Oncorhynchus says—(1) Fish sampling requirements. (i) masou virus and the viruses causing viral Sampling for virus assays required by hemorrhagic septicemia, infectious this section must be conducted within hematopoietic necrosis, and infectious pan- the six (6) months prior to the date of creatic necrosis have not been detected in shipment of dead uneviscerated viral assays of the fish lot(s) of origin. The shipment is scheduled to depart salmonid fish, live salmonid fish, live llll (city and country) on llll (date), salmonid eggs, or salmonid gametes to via llll (name of carrier) with antici- the United States. Sampling shall be pated arrival at the port of llll (city), on a lot-by-lot basis with the samples U.S.A., on llll (date). from each lot distinctively marked, llllllllllllllllllllllll maintained, and processed for virus (Signature in ink of certifying official) assay separately. A fish lot is defined llllllllllllllllllllllll as a group of fish of the same species

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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 to collecting samples from the older five fish may be combined to form a fish. pool. (iii) The minimum sample numbers (ii) Whole fry (less yolk sacs), collected from each lot must be in ac- viscera, and kidney and spleen tissues cordance with a plan that provides 95 from no more than five fish may be percent confidence that at least one similarly pooled. fish, with a detectable level of infec- (iii) Antibiotics and antifungal tion, will be collected and will be agents may be added to ovarian fluid or present in the sample if the assumed tissue samples to control microbial minimum prevalence of infection contaminant growth at the time of equals or exceeds 2 percent. A total of sample collection. Final concentra- 150 fish collected proportionately from tions shall not exceed 200–500 among all containers shared by the lot micrograms/milliliter (μg/ml) of usually meets this requirement. A sam- Gentamycin, 800 international units/ pling strategy based on a presumed milliliter (IU/ml) of penicillin, or 800 pathogen prevalence of 5 percent (60 μg/ml of streptomycin. Antifungal fish) may be used to meet sampling re- agent concentrations should not exceed quirements for shipments of gametes, 200 IU/ml of mycostatin (Nystatin) of 20 fertilized eggs, or uneviscerated dead μg/ml of amphotericin B (Fungizone). fish; provided that in the previous 2 (iv) Sample temperature must be years no disease outbreaks caused by a maintained between 4 at 15 °C. during pathogen of concern have occurred at processing. Use separate sets of sterile the facility from which the shipment homogenization and processing equip- originated and all stocks held at the fa- ment to process fluids or tissues from cility have been inspected at least four each fish lot sampled. Processing times during that period (at intervals equipment need not be sterilized be- of approximately 6 months) and no tween samples within a single lot. pathogens of concern detected. (v) Homogenized tissue samples may (iv) Fish must be alive when col- be diluted 1:10 with buffered cell cul- lected and processed within 48 hours ture medium (pH 7.4–7.8) containing after collection. Tissue and fluid sam- antibiotics and antifungal agents not ples shall be stored in sealed, aseptic exceeding the concentrations described containers and kept at 4 °Celsius (C.) or in paragraph (e)(2)(iii) of this section. on ice but not frozen. Centrifuge tissue suspensions and ovar- (v) Tissue collection shall be as fol- ian fluid samples 4 °C. at 2,500 × gravity lows: (g) (relative centrifugal force) for 15

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minutes. Resulting supernatant solu- and application requirements for des- tions can be stored overnight at 4 °C. ignation as a certifying official for pur- (vi) At the time of inoculation onto poses of this section may be obtained cell cultures, total dilution of proc- by contacting the Division of Fish and essed tissue samples must not exceed Aquatic Conservation Programs at the 1:100 ((volume to volume) (v/v)); total address provided at 50 CFR 2.1(b) or by dilution of ovarian fluid samples must telephone at 703–358–1878. not exceed 1:20 (v/v). In samples inocu- (g) The information collection related onto cell cultures, the final anti- quirements contained in this part have biotic concentration shall not exceed been approved by the Office of Manage- 100 μg/ml of Gentamicin, 100 IU/ml of ment and Budget under 44 U.S.C. 3501 et penicillin, or 100 μg/ml of streptomycin seq. and assigned clearance number and antifungal agent concentrations 1018–0078. The information is being col- should not exceed 25 IU/ml of lected to inform U.S. Customs and mycostatin (Nystatin) or 2.5 μg/ml of USFWS inspectors of the contents, ori- amphotericin B (Fungizone). gin, routing, and destination of fish (3) Cell culture procedures. (i) Both and eggs shipments and to certify that epithelioma papulosum cyprini (EPC) the fish lots were inspected for listed and chinook salmon embryo (CHSE– pathogens. The information will be 214) cell lines must be maintained and used to protect the health of the fish- used in all virus assays. Susceptible, ery resource. Response is required to normal appearing, and rapidly dividing obtain a benefit. cell cultures shall be selected. Peni- cillin (100 IU/ml), streptomycin (100 μg/ [58 FR 58979, Nov. 5, 1993, as amended at 65 ml), and antifungal agents, such as FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, mycostatin/Nystatin (25 IU/ml) or μ Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR amphotericin B/Fungizone (2.5 g/ml), 43964, July 29, 2014; 81 FR 67899, Sept. 30, 2016] are permitted in media used for cell culture and virus assay work. § 16.14 Importation of live or dead am- (ii) Cell cultures shall be seeded and phibians or their eggs. grown, at optimum temperatures, to (a) The importation, transportation, 80–90 percent confluence in 24-well or acquisition of any live or dead speci- plates for virus assay work. men, including parts, but not eggs or (iii) Decant the medium from the re- gametes, of the genera Chioglossa, quired number of 24-well plates of each Cynops, Euproctus, Hydromantes, cell line, and inoculate four replicate Hynobius, Ichthyosaura, Lissotriton, wells per cell line with .10 ml per well Neurergus, Notophthalmus, of each processed sample. When all Onychodactylus, Paramesotriton, wells have been inoculated, tilt plates Plethodon, Pleurodeles, Salamandra, to spread the inocula evenly. Incubate Salamandrella, Salamandrina, Siren, inoculated plates for 1 hour at 15 °C. for Taricha, Triturus, and Tylototriton, in- sample contact. After the 1 hour con- cluding but not limited to, the species tact add cell culture medium. Medium listed in this paragraph, is prohibited shall be buffered or cells incubated so except as provided under the terms and that a pH between 7.4 and 7.8 is main- conditions set forth at § 16.22 of this tained. All cell culture assays shall be part: incubated, without overlays, at 15 °C. for 21 days. (1) Chioglossa lusitanica (golden striped salamander). (4) Virus identification by serological methods. All cell cultures showing (2) Cynops chenggongensis (Chenggong cytopathic effects (CPE) must be sub- fire-bellied newt). cultured onto fresh cell cultures. If (3) Cynops cyanurus (blue-tailed fire- CPE is observed, determine the pres- bellied newt). ence and identity the virus by serum (4) Cynops ensicauda (sword-tailed neutralization, dot blot, enzyme-linked newt). immunosorbent assay, or other equiva- (5) Cynops fudingensis (Fuding fire- lent serological technique. bellied newt). (f) Information concerning the im- (6) Cynops glaucus (bluish grey newt, portation requirements of this section Huilan Rongyuan).

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(7) Cynops orientalis (Oriental fire (36) Hynobius hirosei (no common belly newt, Oriental fire-bellied newt). name). (8) Cynops orphicus (no common (37) Hynobius katoi (Akaishi sansho- name). uo). (9) Cynops pyrrhogaster (Japanese (38) Hynobius kimurae (Hida sala- newt, Japanese fire-bellied newt). mander). (10) Cynops wolterstorffi (Kunming (39) Hynobius leechii (northeastern Lake newt). China hynobiid salamander). (11) Euproctus montanus (Corsican (40) Hynobius lichenatus (northeast brook salamander). salamander). (12) Euproctus platycephalus (Sar- (41) Hynobius maoershanensis (no com- dinian brook salamander). mon name). (13) Hydromantes ambrosii (Ambrosi (42) Hynobius naevius (blotched sala- salamander). mander). (14) Hydromantes brunus (limestone (43) Hynobius nebulosus (misty sala- salamander). mander). (15) Hydromantes flavus (Mount Albo (44) Hynobius nigrescens (black sala- cave salamander). mander). (16) Hydromantes genei (Sardinian (45) Hynobius okiensis (Oki sala- cave salamander). mander). (17) Hydromantes imperialis (imperial (46) Hynobius osumiensis (Osumi- cave salamander). sanshouo). (18) Hydromantes italicus (Italian cave (47) Hynobius quelpaertensis (no com- salamander). mon name). (48) Hynobius retardatus (Hokkaido (19) Hydromantes platycephalus salamander). (Mount Lyell salamander). (49) Hynobius shinichisatoi (Sobo- (20) Hydromantes sarrabusensis (no sanshouo). common name). (50) Hynobius sonani (Sonan’s (21) Hydromantes shastae (Shasta sala- hynobiid). mander). (51) Hynobius stejnegeri (Bekko (22) Hydromantes strinatii or Sansho-uo). Speleomantes strinatii (French cave sala- (52) Hynobius takedai (Hokuriku mander, Strinati’s cave salamander). Sansho-uo). (23) Hydromantes supramontis (53) Hynobius tokyoensis (Tokyo sala- (Supramonte cave salamander). mander). (24) Hynobius abei (Abe’s salamander). (54) Hynobius tsuensis (Tsushima (25) Hynobius amakusaensis Sansho-uo). (Amakusa-sanshouo). (55) Hynobius turkestanicus (26) Hynobius amjiensis (Anji sala- (Turkestanian salamander). mander). (56) Hynobius yangi (no common (27) Hynobius arisanensis (Arisan name). hynobid). (57) Hynobius yatsui (no common (28) Hynobius boulengeri (Odaigahara name). salamander). (58) Hynobius yiwuensis (Yiwu (29) Hynobius chinensis (Chinese sala- hynobiid). mander). (59) Ichthyosaura alpestris (alpine (30) Hynobius dunni (Oita sala- newt). mander). (60) Lissotriton boscai (Bosca’s newt). (31) Hynobius formosanus (Taiwan sal- (61) Lissotriton helveticus (palmate amander). newt). (32) Hynobius fucus or Hynobius fuca (62) Lissotriton italicus (Italian newt). (Taiwan lesser salamander). (63) Lissotriton kosswigi (Triton (33) Hynobius glacialis (Nanhu sala- pontue de Kosswig). mander). (64) Lissotriton lantzi (no common (34) Hynobius guabangshanensis (no name). common name). (65) Lissotriton montandoni (Carpa- (35) Hynobius hidamontanus (Hakuba thian newt). salamander). (66) Lissotriton vulgaris (smooth newt).

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(67) Neurergus crocatus (no common (95) Paramesotriton yunwuensis (no name). common name). (68) Neurergus derjugini or Neurergus (96) Paramesotriton zhijinensis (no microspilotus (Kurdistan newt). common name). (69) Neurergus kaiseri (Lorestan newt, (97) Plethodon ainsworthi (Catahoula Luristan newt, emperor spotted newt, salamander, bay springs salamander). Zagros newt, Iranian harlequin newt, (98) Plethodon albagula (western slimy kaiser newt). salamander). (70) Neurergus strauchii (no common (99) Plethodon amplus (Blue Ridge name). gray-cheeked salamander). (71) Notophthalmus meridionalis (100) Plethodon angusticlavius (Ozark (black-spotted newt). salamander, Ozark zigzag salamander). (72) Notophthalmus perstriatus (striped (101) Plethodon asupak (Scott Bar sal- newt). amander). (73) Notophthalmus viridescens (eastern (102) Plethodon aureolus (Tellico sala- newt). mander). (74) Onychodactylus fischeri (long- (103) Plethodon caddoensis (Caddo tailed clawed salamander). Mountain salamander). (75) Onychodactylus fuscus (Tadami (104) Plethodon chattahoochee (Chat- clawed salamander). tahoochee slimy salamander). (76) Onychodactylus intermedius (105) Plethodon cheoah (Cheoah bald (Bandai clawed salamander). salamander). (77) Onychodactylus japonicus (Japa- (106) Plethodon chlorobryonis (Atlantic nese clawed salamander). Coast slimy salamander). (78) Onychodactylus kinneburi (107) Plethodon cinereus (eastern red- (Shikoku clawed salamander). backed salamander, redback sala- (79) Onychodactylus koreanus (Korai- mander, salamandre raye´e, red-backed Sansyouo). salamander). (80) Onychodactylus nipponoborealis (108) Plethodon cylindraceus (white- (Riben Bei Zhaoni). spotted slimy salamander). (81) Onychodactylus tsukubaensis (109) Plethodon dorsalis (zigzag sala- (Tsukuba clawed salamander). mander, northern zigzag salamander). (82) Onychodactylus zhangyapingi (110) Plethodon dunni (Dunn’s sala- (Jilin Zhaoni). mander). (83) Onychodactylus zhaoermii (111) Plethodon electromorphus (north- (Liaoning). ern ravine salamander). (84) Paramesotriton caudopunctatus (112) Plethodon elongatus (Del Norte (spot-tailed warty newt). salamander). (85) Paramesotriton chinensis (Chinese (113) Plethodon fourchensis (Fourche warty newt). Mountain salamander). (86) Paramesotriton deloustali (no com- (114) Plethodon glutinosus (slimy sala- mon name). mander, northern slimy salamander). (87) Paramesotriton fuzhongensis (no (115) Plethodon grobmani (south- common name). eastern slimy salamander). (88) Paramesotriton guanxiensis (116) Plethodon hoffmani (valley and (Guangxi warty newt). ridge salamander). (89) Paramesotriton hongkongensis (no (117) Plethodon hubrichti (Peaks of common name). Otter salamander). (90) Paramesotriton labiatus (spotless (118) Plethodon idahoensis (Coeur stout newt). d’Alene salamander). (91) Paramesotriton longliensis (no (119) Plethodon jordani (Appalachian common name). salamander, red-cheeked salamander, (92) Paramesotriton maolanensis (no Jordan’s salamander). common name). (120) Plethodon kentucki (Kentucky (93) Paramesotriton qixilingensis (no salamander, Cumberland Plateau sala- common name). mander). (94) Paramesotriton wulingensis (no (121) Plethodon kiamichi (Kiamichi common name). slimy salamander).

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(122) Plethodon kisatchie (Louisiana (151) Plethodon yonahlossee slimy salamander). (Yonahlossee salamander). (123) Plethodon larselli (Larch Moun- (152) Pleurodeles nebulosus (no com- tain salamander). mon name). (124) Plethodon meridianus (South (153) Pleurodeles poireti (Algerian Mountain gray-cheeked salamander, newt). southern gray-cheeked salamander). (154) Pleurodeles waltl (Spanish newt). (125) Plethodon metcalfi (southern (155) Salamandra algira (Algerian sala- gray-cheeked salamander). mander). (126) Plethodon mississippi (Mississippi (156) Salamandra atra (alpine sala- slimy salamander). mander). (127) Plethodon montanus (northern (157) Salamandra corsica (Corsican fire gray-cheeked salamander). salamander). (128) Plethodon neomexicanus (Jemez (158) Salamandra infraimmaculata (no Mountains salamander). common name). (129) Plethodon nettingi (Cheat Moun- (159) Salamandra lanzai (Lanza’s al- tain salamander). pine salamander, Salamandra di (130) Plethodon ocmulgee (Ocmulgee Lanza). slimy salamander). (160) Salamandra salamandra (fire sal- (131) Plethodon ouachitae (Rich Moun- amander). tain salamander). (161) Salamandrella keyserlingii (Sibe- (132) Plethodon petraeus (Pigeon rian newt). Mountain salamander). (162) Salamandrella tridactyla (no com- (133) Plethodon punctatus (white-spot- mon name). ted salamander, cow knob salamander). (163) Salamandrina perspicillata (134) Plethodon richmondi (southern (northern spectacled salamander). ravine salamander, ravine salamander). (164) Salamandrina terdigitata (south- (135) Plethodon savannah (Savannah ern spectacled salamander). slimy salamander). (165) Siren intermedia (lesser siren). (136) Plethodon sequoyah (Sequoyah (166) Siren lacertina (greater siren). slimy salamander). (167) Taricha granulosa (rough- (137) Plethodon serratus (southern red- skinned newt). backed salamander). (168) Taricha rivularis (red-bellied (138) Plethodon shenandoah (Shen- newt). andoah salamander). (169) Taricha sierrae (Sierra newt). (139) Plethodon sherando (Big Levels (170) Taricha torosa (California newt). salamander). (171) Triturus carnifex (Italian crested (140) Plethodon shermani (red-legged newt). salamander). (172) Triturus cristatus (great crested (141) Plethodon stormi (Siskiyou newt). Mountains salamander). (173) Triturus dobrogicus (Danube (142) Plethodon teyahalee (Southern crested newt). Appalachian salamander). (174) Triturus hongkongensis (no com- (143) Plethodon vandykei (Van Dyke’s mon name) salamander). (175) Triturus ivanbureschi (Balkan- (144) Plethodon variolatus (South Anatolian crested newt, Buresch’s Carolina slimy salamander). crested newt). (145) Plethodon vehiculum (western (176) Triturus karelinii (Southern red-backed salamander). crested newt). (146) Plethodon ventralis (southern zig- (177) Triturus macedonicus (no com- zag salamander). mon name). (147) Plethodon virginia (Shenandoah (178) Triturus marmoratus (marbled Mountain salamander). newt). (148) Plethodon websteri (Webster’s (179) Triturus pygmaeus (pygmy mar- salamander). bled newt). (149) Plethodon wehrlei (Wehrle’s sala- (180) Triturus vittatus (no common mander). name). (150) Plethodon welleri (Weller’s sala- (181) Tylototriton anguliceps (angular- mander). headed newt).

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(182) Tylototriton asperrimus (black § 16.15 Importation of live reptiles or knobby newt). their eggs. (183) Tylototriton broadoridgus (no (a) The importation, transportation, common name). or acquisition of any live specimen, ga- (184) Tylototriton dabienicus (no com- mete, viable egg, or hybrid of the spe- mon name). cies listed in this paragraph is prohib- (185) Tylototriton daweishanensis (no ited except as provided under the terms common name). and conditions set forth at § 16.22: (186) Tylototriton hainanensis (Hainan (1) Boiga irregularis (brown tree knobby newt). snake). (187) Tylototriton kweichowensis (red- (2) Python molurus (including P. tailed knobby newt). molurus molurus (Indian python) and P. (188) Tylototriton liuyangensis (no molurus bivittatus (Burmese python)). common name). (3) Python reticulatus, Broghammerus (189) Tylototriton lizhenchangi reticulatus, or Malayopython reticulatus (Mangshan crocodile newt). (reticulated python). (190) Tylototriton notialis (no common (4) Python sebae (Northern African name). python or African rock python). (191) Tylototriton panhai (no common (5) Python natalensis (Southern Afri- name). can python or African rock python). (192) Tylototriton pseudoverrucosus (6) Eunectes notaeus (yellow ana- (southern Sichuan crocodile newt). conda). (193) Tylototriton shanjing (Yunnan (7) Eunectes deschauenseei newt). (DeSchauensee’s anaconda). (8) Eunectes murinus (green ana- (194) Tylototriton shanorum (no com- conda). mon name). (9) Eunectes beniensis (Beni anaconda). (195) Tylototriton taliangensis (Thai- (b) Upon the filing of a written dec- land newt). laration with the District Director of (196) Tylototriton uyenoi (no common Customs at the port of entry as re- name). quired under § 14.61, all other species of (197) Tylototriton verrucosus (Hima- live reptiles or their eggs may be im- layan newt). ported, transported, and possessed in (198) Tylototriton vietnamensis (no captivity, without a permit, for sci- common name). entific, medical, educational, (199) Tylototriton wenxianensis exhibitional or propagating purposes, (Wenxian knobby newt). but no such live reptiles or any (200) Tylototriton yangi (Tiannan croc- progency or eggs thereof may be re- odile newt). leased into the wild except by the (201) Tylototriton ziegleri (Ziegler’s State wildlife conservation agency crocodile newt). having jurisdiction over the area of re- (b) Upon the filing of a written dec- lease or by persons having prior writ- laration with the District Director of ten permission for release from such Customs at the port of entry as re- agency. quired under § 14.61 of this chapter, all [55 FR 17441, Apr. 25, 1990, as amended at 77 other species of amphibians may be im- FR 3366, Jan. 23, 2012; 80 FR 12745, Mar. 10, ported, transported, and possessed in 2015] captivity, without a permit, for scientific, medical, education, exhibition, Subpart C—Permits or propagating purposes, but no such amphibians or any progeny or eggs § 16.22 Injurious wildlife permits. thereof may be released into the wild The Director may, upon receipt of an except by the State wildlife conserva- application and in accordance with the tion agency having jurisdiction over issuance criteria of this section, issue a the area of release or by persons having permit authorizing the importation prior written permission for release into or shipment between the conti- from such agency. nental United States, the District of [81 FR 1554, Jan. 13, 2016] Columbia, Hawaii, the Commonwealth

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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 transport, or acquire injurious wildlife import or ship injurious wildlife for zo- for such purposes to the attention of ological, educational, medical, or sci- the Director, U.S. Fish and Wildlife entific purposes: Service, at the address listed for the (1) Whether the wildlife is being im- Division of Management Authority at ported or otherwise acquired for a bona 50 CFR 2.1(b). Submit applications in fide scientific, medical, educational, or writing on a Federal Fish and Wildlife zoological exhibition purpose; License/Permit application (Form 3– (2) Whether the facilities for holding 200) and attach all of the following in- the wildlife in captivity have been information: spected and approved, and consist of a (1) The number of specimens and the basic cage or structure of a design and common and scientific names (genus material adequate to prevent escape and species) of each species of live which is maintained inside a building wildlife proposed to be imported or or other facility of such structure that otherwise acquired, transported and the wildlife could not escape from the possessed; building or other facility after escap- (2) The purpose of such importation ing from the cage or structure main- or other acquisition, transportation tained therein; and possession; (3) Whether the applicant is a respon- (3) The address of the premises where sible person who is aware of the poten- such live wildlife will be kept in cap- tial dangers to public interests posed tivity; by such wildlife, and who by reason of (4) A statement of the applicant’s his knowledge, experience, and facili- qualifications and previous experience ties reasonably can be expected to pro- in caring for and handling captive wild- vide adequate protection for such pub- life. lic interests; and (b) Additional permit conditions. In ad- (4) If such wildlife is to be imported dition to the general conditions set or otherwise acquired for zoological or forth in part 13 of this subchapter B, aquarium exhibition purposes, whether permits to import or ship injurious such exhibition or display will be open wildlife for zoological, educational, to the public during regular appro- medical, or scientific purposes shall be priate hours. subject to the following conditions: (d) The Office of Management and (1) All live wildlife acquired under Budget approved the information col- permit and all progeny thereof, must lection requirements contained in this be confined in the approved facilities part 16 under 44 U.S.C. 3507 and as- on the premises authorized in the per- signed OMB Control Number 1018–0093. mit. The Service may not conduct or spon- (2) No live wildlife, acquired under sor, and you are not required to re- permit, or any eggs or progeny thereof, spond to, a collection of information may be sold, donated, traded, loaned, unless it displays a currently valid or transferred to any other person un- OMB control number. We are collecting less such person has a permit issued by this information to provide informa- the Director under § 16.22 authorizing tion necessary to evaluate permit ap- him to acquire and possess such wild- plications. We will use this informa- life or the eggs or progeny thereof. tion to review permit applications and (3) Permittees shall notify the near- make decisions, according to criteria est Special Agent-in-Charge (see § 10.22 established in various Federal wildlife of this chapter) by telephone or other conservation statutes and regulations, expedient means within 24 hours fol- on the issuance, suspension, revoca- lowing the escape of any wildlife im- tion, or denial of permits. You must reported or transported under authority spond to obtain or retain a permit. We

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estimate the public reporting burden quired under § 14.61: Provided, That the for these reporting requirements to av- provisions of this section shall not erage 2 hours per response, including apply to bald and golden eagles or their time for reviewing instructions, gath- eggs, or to migratory birds or their ering and maintaining data, and com- eggs, the importations of which are pleting and reviewing the forms. Direct governed by regulations under parts 22 comments regarding the burden esti- and 21 of this chapter, respectively. mate or any other aspect of these reporting requirements to the Service’s § 16.33 Importation of natural-history Information Collection Clearance Offi- specimens. cer at the address provided at 50 CFR Nothing in this part shall restrict the 2.1(b). importation and transportation, with- [39 FR 1169, Jan. 4, 1974, as amended at 47 FR out a permit, of dead natural-history 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998; specimens of wildlife or their eggs for 79 FR 43964, July 29, 2014] museum or scientific collection purposes: Provided, That the provisions of Subpart D—Additional Exemptions this section shall not apply to dead migratory birds, the importation of which § 16.32 Importation by Federal agen- is governed by regulations under parts cies. 20 and 21 of this chapter; to dead game Nothing in this part shall restrict the mammals from Mexico, the importa- importation and transportation, with- tion of which is governed by regula- out a permit, of any live wildlife by tions under part 14 of this chapter; or Federal agencies solely for their own to dead bald and golden eagles or their use, upon the filing of a written dec- eggs, the importation of which is gov- laration with the District Director of erned by regulations under part 22 of Customs at the port of entry as re- this chapter.

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

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Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—599) VI National Capital Planning Commission (Parts 600—699)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Guidance (Parts 200—299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300—399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) X Department of the Treasury (Parts 1000—1099) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Department of Housing and Urban Development (Parts 2400— 2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699)

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XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899) XXIX Department of Labor (Parts 2900—2999) XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVI Office of National Drug Control Policy, Executive Office of the President (Parts 3600—3699) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899) LIX Gulf Coast Ecosystem Restoration Council (Parts 5900—5999)

Title 3—The President

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

Title 4—Accounts

I Government Accountability Office (Parts 1—199)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) IV Office of Personnel Management and Office of the Director of National Intelligence (Parts 1400—1499) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600—3699)

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XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVI Department of Homeland Security (Parts 4600—4699) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399)

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LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) LXXXVI National Credit Union Administration (Parts 9600—9699) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCVIII Council of the Inspectors General on Integrity and Efficiency (Parts 9800—9899) XCIX Military Compensation and Retirement Modernization Commis- sion (Parts 9900—9999) C National Council on Disability (Parts 10000—10049)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—199) X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

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

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X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

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

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

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

Title 11—Federal Elections

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

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299)

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XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

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

Title 14—Aeronautics and Space

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

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999)

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XI National Technical Information Service, Department of Com- merce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399) [Reserved]

Title 16—Commercial Practices

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

Title 17—Commodity and Securities Exchanges

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

Title 18—Conservation of Power and Water Resources

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

Title 19—Customs Duties

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

Title 20—Employees’ Benefits

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399)

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

Title 21—Food and Drugs

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

Title 22—Foreign Relations

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

Title 23—Highways

I Federal Highway Administration, Department of Transportation (Parts 1—999)

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

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899)

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XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

Title 25—Indians

I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—899) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Parts 900—999) VI Office of the Assistant Secretary, Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

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

Title 27—Alcohol, Tobacco Products and Firearms

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

Title 28—Judicial Administration

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

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SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

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

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599)

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VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of Investment Security, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

Title 32—National Defense

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

Title 33—Navigation and Navigable Waters

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

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199)

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II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Career, Technical and Adult Education, Department of Education (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) [Reserved] VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) [Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION XI (Parts 1100—1199) [Reserved] XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

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

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II U.S. Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 300—399) IV National Institute of Standards and Technology, Department of Commerce (Parts 400—599)

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

Title 39—Postal Service

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

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800—1899)

Title 41—Public Contracts and Property Management

SUBTITLE A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED]

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SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) II—III [Reserved] IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—699) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1099)

Title 43—Public Lands: Interior

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

Title 44—Emergency Management and Assistance

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

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299)

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III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) IX Denali Commission (Parts 900—999) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Administration for Children and Families, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission of Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Parts 2300—2399) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

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

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)

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IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499) V The First Responder Network Authority (Parts 500—599)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) [Reserved]

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54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation (Parts 1400—1499) [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

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

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VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

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

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2013 50 CFR—Continued 79 FR Page 50 CFR 78 FR Chapter I—Continued Page 16.22 (a) and (d) amended ...... 43964 Chapter I 2.2 Revised ...... 35151 2015 10 Authority citation revised...... 35151 10.13 Revised ...... 65850 50 CFR 80 FR 10.22 Revised ...... 35151 Page 13.11 (b)(5) revised...... 35152 Chapter I (d)(4) table revised...... 73723 10.21 (a) revised; (b) amended...... 26467 13.24 (c) revised...... 73725 16.15 (a) revised...... 12745 13.25 (b) revised; (f) added ...... 73725 15 Authority citation revised...... 35152 2016 50 CFR 81 FR 2014 Page 50 CFR 79 FR Chapter I Page 11 Authority citation revised...... 41865 Chapter I Regulation at 81 FR 41865 con- Chapter I Policy statement ...... 37578 firmed...... 94274 2 Heading revised...... 43963 11.2 Revised; interim ...... 41865 2.1 Revised ...... 43963 Regulation at 81 FR 41865 con- 2.2 Heading and introductory firmed...... 94274 text revised ...... 43963 11.15 Revised; interim...... 41865 10.22 (b) revised...... 43964 Regulation at 81 FR 41865 con- 13.3 Amended...... 30417 firmed...... 94274 13.11 (b)(3) and (d)(4) table amend- 11.25 (a) revised; interim ...... 41865 ed ...... 30417 Regulation at 81 FR 41865 con- (b)(3) amended...... 43964 firmed...... 94274 13.12 (b) introductory text re- 11.26 Revised; interim...... 41865 vised; table amended...... 30417 Regulation at 81 FR 41865 con- 14.3 Amended...... 43964 firmed...... 94274 14.106 (a) amended...... 43964 11.31—11.34 (Subpart D) Added; 15.4 (b) amended...... 43964 interim...... 41865 15.21 (c) amended ...... 43964 11.34 (Subpart D) Regulation at 16.13 (f) revised ...... 43964 81 FR 41865 confirmed ...... 94274

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50 CFR—Continued 81 FR 50 CFR—Continued 82 FR Page Page Chapter I—Continued Chapter I—Continued 13.11 (d)(4) table revised...... 8002 13.11 Regulation at 81 FR 91549 (d)(4) table amended ...... 91549 confirmed ...... 7708 16.13 (a)(2)(v) revised; (a)(2)(vi) (d)(4) correctly amended ...... 41177 through (x) added; eff. 10–31– 15.33 (a) table amended ...... 16540 16...... 67899 16.14 Revised; interim ...... 1554 2018 (Regulations published from January 1, 2017 2018, through October 1, 2018) 50 CFR 82 FR 50 CFR 83 FR Page Page Chapter I Chapter I Policy statement...... 50532 Policy statement...... 36469, 36472 11.33 Table revised...... 6308 11.33 Table revised ...... 5951 Æ

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