Title 50 Wildlife and Fisheries Parts 1 to 16

Revised as of October 1, 2020

Containing a codification of documents of general applicability and future effect

As of October 1, 2020

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

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

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government 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.

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

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Page Explanation ...... v

Title 50:

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

Finding Aids:

Table of CFR Titles and Chapters ...... 115

Alphabetical List of Agencies Appearing in the CFR ...... 135

List of CFR Sections Affected ...... 145

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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, 2020), 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 08:39 Jun 25, 2021 Jkt 250235 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\250235.XXX 250235 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 dropped in 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. An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

VerDate Sep<11>2014 08:39 Jun 25, 2021 Jkt 250235 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\250235.XXX 250235 rmajette on DSKBCKNHB2PROD with CFR 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) website for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s website 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, 2020

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Title 50—WILDLIFE AND FISHERIES 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 (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 (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—National Ma- rine Fisheries Service, National Oceanic and Atmospheric Administration, De- partment of Commerce. The eleventh volume (parts 228–599) contains the remain- ing current regulations issued under chapter II—National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, Department of Com- merce; and the current regulations issued under chapter III—International Fish- ing and Related Activities; chapter IV—Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Com- merce); Endangered Species Committee regulations; and chapter V—Marine Mam- mal Commission. The twelfth and thirteenth volumes (parts 600–659 and part 660 to end) contain the current regulations issued under chapter VI—Fishery Con- servation and Management, National Oceanic and Atmospheric Administration, Department of Commerce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 2020.

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...... 31 12 Seizure and forfeiture procedures ...... 36 13 General permit procedures ...... 45 14 Importation, exportation, and transportation of wildlife ...... 58 15 Wild Bird Conservation Act ...... 87 16 Injurious wildlife...... 100

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

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

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Headquarters program Mail stop

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

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

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

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

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

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

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District of Columbia, Commonwealth chapter, cover most aspects of the tak- of Puerto Rico, American Samoa, U.S. ing, possession, transportation, sale, Virgin Islands, Guam, Commonwealth purchase, barter, exportation, and im- of the Northern Mariana Islands, Baker portation of migratory birds. Island, Howland Island, Jarvis Island, (c) What species are protected as migra- Johnston Atoll, Kingman Reef, Midway tory birds? Species protected as migra- Atoll, Navassa Island, Palmyra Atoll, tory birds are listed in two formats to and Wake Atoll, and any other terri- suit the varying needs of the user: Al- tory or possession under the jurisdic- phabetically in paragraph (c)(1) of this tion of the United States. section and taxonomically in para- Whoever means the same as person. graph (c)(2) of this section. Taxonomy Wildlife means the same as fish or and nomenclature generally follow the wildlife. 7th edition of the American Ornitholo- [38 FR 22015, Aug. 15, 1973, as amended at 42 gists’ Union’s (AOU, now recognized as FR 32377, June 24, 1977; 42 FR 59358, Nov. 16, American Ornithological Society 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, (AOS)) Check-list of North American birds Dec. 26, 1985; 72 FR 48445, Aug. 23, 2007] (1998, as amended through 2019). For species not treated by the AOS Check- § 10.13 List of Migratory Birds. list, we generally follow Clements Check- (a) Legal authority for this list. The list of Birds of the World (Clements et al. legal authorities for this list are the 2017). Migratory Bird Treaty Act (MBTA; 16 (1) Alphabetical listing. Species are U.S.C. 703–712), the Fish and Wildlife listed alphabetically by common Improvement Act of 1978 (16 U.S.C. (English) group names, with the sci- 742l), and the Fish and Wildlife Act of entific name of each species following 1956 (16 U.S.C. 742a–742j). The MBTA the common name. implements Conventions between the ACCENTOR, Siberian, Prunella montanella United States and four neighboring ’AKEKE’E, Loxops caeruleirostris countries for the protection of migra- ’AKEPA, Hawaii, Loxops coccineus tory birds, as follows: Maui, Loxops ochraceus (1) Canada: Convention between the O’ahu, Loxops wolstenholmei United States and Great Britain [on be- ’AKIALOA, Kauai, Akialoa stejnegeri half of Canada] for the Protection of Maui Nui, Akialoa lanaiensis O’ahu, Akialoa ellisiana Migratory Birds, August 16, 1916, 39 ’AKIAPOLA’AU, Hemignathus wilsoni Stat. 1702 (T.S. No. 628), as amended; ’AKIKIKI, Oreomystis bairdi (2) Mexico: Convention between the ’AKOHEKOHE, Palmeria dolei United States and Mexico for the Pro- ’ALAUAHIO, Maui, Paroreomyza montana tection of Migratory Birds and Game O’ahu, Paroreomyza maculata Mammals, February 7, 1936, 50 Stat. ALBATROSS, Black-browed, Thalassarche 1311 (T.S. No. 912), as amended; melanophris Black-footed, Phoebastria nigripes (3) Japan: Convention between the Chatham, Thalassarche eremita Government of the United States of Laysan, Phoebastria immutabilis America and the Government of Japan Light-mantled, Phoebetria palpebrata for the Protection of Migratory Birds Salvin’s, Thalassarche salvini and Birds in Danger of Extinction, and Short-tailed, Phoebastria albatrus Their Environment, March 4, 1972, 25 Wandering, Diomedea exulans U.S.T. 3329 (T.I.A.S. No. 7990); and White-capped, Thalassarche cauta (4) Russia: Convention between the Yellow-nosed, Thalassarche chlororhynchos ’AMAKIHI, Hawaii, Chlorodrepanis virens United States of America and the Kauai, Chlorodrepanis stejnegeri Union of Soviet Socialist Republics O’ahu, Chlorodrepanis flava Concerning the Conservation of Migra- ANHINGA, Anhinga anhinga tory Birds and Their Environment, No- ANI, Groove-billed, Crotophaga sulcirostris vember 19, 1976, 20 U.S.T. 4647 (T.I.A.S. Smooth-billed, Crotophaga ani No. 9073). ’ANIANIAU, Magumma parva (b) Purpose of this list. The purpose is ’APAPANE, Himatione sanguinea AUKLET, Cassin’s, Ptychoramphus aleuticus to inform the public of the species pro- Crested, Aethia cristatella tected by regulations that enforce the Least, Aethia pusilla terms of the MBTA. These regulations, Parakeet, Aethia psittacula found in parts 10, 20, and 21 of this Rhinoceros, Cerorhinca monocerata

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Whiskered, Aethia pygmaea CHAFFINCH, Common, Fringilla coelebs AVOCET, American, Recurvirostra americana CHAT, Yellow-breasted, Icteria virens BANANAQUIT, Coereba flaveola CHICKADEE, Black-capped, Poecile BEAN–GOOSE, Taiga, Anser fabalis atricapillus Tundra, Anser serrirostris Boreal, Poecile hudsonicus BEARDLESS–TYRANNULET, Northern, Carolina, Poecile carolinensis Camptostoma imberbe Chestnut-backed, Poecile rufescens BECARD, Gray-collared, Pachyramphus major Gray-headed, Poecile cinctus Rose-throated, Pachyramphus aglaiae Mexican, Poecile sclateri BITTERN, American, Botaurus lentiginosus Mountain, Poecile gambeli Black, Ixobrychus flavicollis CHIFFCHAFF, Common, Phylloscopus Least, Ixobrychus exilis collybita Schrenck’s, Ixobrychus eurhythmus CHUCK-WILL’S-WIDOW, Antrostomus Yellow, Ixobrychus sinensis carolinensis BLACKBIRD, Brewer’s, Euphagus CONDOR, California, Gymnogyps cyanocephalus californianus Red-winged, Agelaius phoeniceus COOT, American, Fulica americana Rusty, Euphagus carolinus Eurasian, Fulica atra Tawny-shouldered, Agelaius humeralis Hawaiian, Fulica alai Tricolored, Agelaius tricolor CORMORANT, Brandt’s, Phalacrocorax Yellow-headed, Xanthocephalus penicillatus xanthocephalus Double-crested, Phalacrocorax auritus Yellow-shouldered, Agelaius xanthomus Great, Phalacrocorax carbo BLUEBIRD, Eastern, Sialia sialis Little Pied, Phalacrocorax melanoleucos Mountain, Sialia currucoides Neotropic, Phalacrocorax brasilianus Western, Sialia mexicana Pelagic, Phalacrocorax pelagicus BLUETAIL, Red-flanked, Tarsiger cyanurus Red-faced, Phalacrocorax urile BLUETHROAT, Cyanecula svecica COWBIRD, Bronzed, Molothrus aeneus BOBOLINK, Dolichonyx oryzivorus Brown-headed, Molothrus ater BOOBOOK, Northern, Ninox japonica Shiny, Molothrus bonariensis BOOBY, Abbott’s, Papasula abbotti CRAKE, Corn, Crex crex Blue-footed, Sula nebouxii Paint-billed, Neocrex erythrops Brown, Sula leucogaster Spotless, Porzana tabuensis Masked, Sula dactylatra Yellow-breasted, Hapalocrex flaviventer Nazca, Sula granti CRANE, Common, Grus grus Red-footed, Sula sula Sandhill, Antigone canadensis BRAMBLING, Fringilla montifringilla Whooping, Grus americana BRANT, Branta bernicla CREEPER, Brown, Certhia americana BUFFLEHEAD, Bucephala albeola Hawaii, Loxops mana BULLFINCH, Eurasian, Pyrrhula pyrrhula CROSSBILL, Cassia, Loxia sinesciuris Puerto Rican, Melopyrrha portoricensis Red, Loxia curvirostra BUNTING, Blue, Cyanocompsa parellina White-winged, Loxia leucoptera Gray, Emberiza variabilis CROW, American, Corvus brachyrhynchos Indigo, Passerina cyanea Fish, Corvus ossifragus Lark, Calamospiza melanocorys Hawaiian, Corvus hawaiiensis Lazuli, Passerina amoena Mariana, Corvus kubaryi Little, Emberiza pusilla Northwestern, Corvus caurinus McKay’s, Plectrophenax hyperboreus Tamaulipas, Corvus imparatus Painted, Passerina ciris White-necked, Corvus leucognaphalus Pallas’s, Emberiza pallasi CUCKOO, Black-billed, Coccyzus Pine, Emberiza leucocephalos erythropthalmus Reed, Emberiza schoeniclus Common, Cuculus canorus Rustic, Emberiza rustica Mangrove, Coccyzus minor Snow, Plectrophenax nivalis Oriental, Cuculus optatus Varied, Passerina versicolor Yellow-billed, Coccyzus americanus Yellow-breasted, Emberiza aureola CURLEW, Bristle-thighed, Numenius Yellow-browed, Emberiza chrysophrys tahitiensis Yellow-throated, Emberiza elegans Eskimo, Numenius borealis BUSHTIT, Psaltriparus minimus Eurasian, Numenius arquata BUZZARD, Gray-faced, Butastur indicus Far Eastern, Numenius madagascariensis CANVASBACK, Aythya valisineria Little, Numenius minutus CARACARA, Crested, Caracara cheriway Long-billed, Numenius americanus CARDINAL, Northern, Cardinalis cardinalis DICKCISSEL, Spiza americana CARIB, Green-throated, Eulampis holosericeus DIPPER, American, Cinclus mexicanus Purple-throated, Eulampis jugularis DOTTEREL, Eurasian, Charadrius morinellus CATBIRD, Black, Melanoptila glabrirostris DOVE, Common Ground, Columbina passerina Gray, Dumetella carolinensis Inca, Columbina inca

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Mourning, Zenaida macroura Dark-sided, Muscicapa sibirica Ruddy Ground, Columbina talpacoti Dusky, Empidonax oberholseri White-tipped, Leptotila verreauxi Dusky-capped, Myiarchus tuberculifer White-winged, Zenaida asiatica Fork-tailed, Tyrannus savana Zenaida, Zenaida aurita Gray, Empidonax wrightii DOVEKIE, Alle alle Gray-streaked, Muscicapa griseisticta DOWITCHER, Long-billed, Limnodromus Great Crested, Myiarchus crinitus scolopaceus Hammond’s, Empidonax hammondii Short-billed, Limnodromus griseus La Sagra’s, Myiarchus sagrae DUCK, American Black, Anas rubripes Least, Empidonax minimus Eastern Spot-billed, Anas zonorhyncha Mugimaki, Ficedula mugimaki Falcated, Mareca falcata Narcissus, Ficedula narcissina Harlequin, Histrionicus histrionicus Nutting’s, Myiarchus nuttingi Hawaiian, Anas wyvilliana Olive-sided, Contopus cooperi Laysan, Anas laysanensis Pacific-slope, Empidonax difficilis Long-tailed, Clangula hyemalis Pine, Empidonax affinis Masked, Nomonyx dominicus Piratic, Legatus leucophaius Mottled, Anas fulvigula Puerto Rican, Myiarchus antillarum Muscovy, Cairina moschata Scissor-tailed, Tyrannus forficatus Pacific Black, Anas superciliosa Social, Myiozetetes similis Ring-necked, Aythya collaris Spotted, Muscicapa striata Ruddy, Oxyura jamaicensis Sulphur-bellied, Myiodynastes luteiventris Tufted, Aythya fuligula Taiga, Ficedula albicilla Wood, Aix sponsa Tufted, Mitrephanes phaeocercus DUNLIN, Calidris alpina Variegated, Empidonomus varius EAGLE, Bald, Haliaeetus leucocephalus Vermilion, Pyrocephalus rubinus Golden, Aquila chrysaetos Willow, Empidonax traillii White-tailed, Haliaeetus albicilla Yellow-bellied, Empidonax flaviventris EGRET, Cattle, Bubulcus ibis FOREST-FALCON, Collared, Micrastur Chinese, Egretta eulophotes semitorquatus Great, Ardea alba FRIGATEBIRD, Great, Fregata minor Intermediate, Ardea intermedia Lesser, Fregata ariel Little, Egretta garzetta Magnificent, Fregata magnificens 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, Mareca strepera ELAENIA, Caribbean, Elaenia martinica GALLINULE, Azure, Porphyrio flavirostris Greenish, Myiopagis viridicata Common, Gallinula galeata White-crested, Elaenia albiceps Purple, Porphyrio martinicus EMERALD, Puerto Rican, Chlorostilbon GANNET, Northern, Morus bassanus maugaeus GARGANEY, Spatula querquedula EUPHONIA, Antillean, Euphonia musica FALCON, Amur, Falco amurensis GNATCATCHER, Black-capped, Polioptila Aplomado, Falco femoralis nigriceps Peregrine, Falco peregrinus Black-tailed, Polioptila melanura Prairie, Falco mexicanus Blue-Gray, Polioptila caerulea Red-footed, Falco vespertinus California, Polioptila californica FIELDFARE, Turdus pilaris GODWIT, Bar-tailed, Limosa lapponica FINCH, Cassin’s, Haemorhous cassinii Black-tailed, Limosa limosa House, Haemorhous mexicanus Hudsonian, Limosa haemastica Laysan, Telespiza cantans Marbled, Limosa fedoa Nihoa, Telespiza ultima GOLDENEYE, Barrow’s, Bucephala islandica Purple, Haemorhous purpureus Common, Bucephala clangula FLAMINGO, American, Phoenicopterus ruber GOLDEN-PLOVER, American, Pluvialis domi- FLICKER, Gilded, Colaptes chrysoides nica Northern, Colaptes auratus European, Pluvialis apricaria FLYCATCHER, Acadian, Empidonax virescens Pacific, Pluvialis fulva Alder, Empidonax alnorum GOLDFINCH, American, Spinus tristis Ash-throated, Myiarchus cinerascens Lawrence’s, Spinus lawrencei Asian Brown, Muscicapa dauurica Lesser, Spinus psaltria Brown-crested, Myiarchus tyrannulus GOOSE, Barnacle, Branta leucopsis Buff-breasted, Empidonax fulvifrons Cackling, Branta hutchinsii Cordilleran, Empidonax occidentalis Canada, Branta canadensis Crowned Slaty, Empidonomus Emperor, Anser canagicus aurantioatrocristatus Greater White-fronted, Anser albifrons

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Hawaiian, Branta sandvicensis HAWK, Broad-winged, Buteo platypterus Lesser White-fronted, Anser erythropus Common Black, Buteogallus anthracinus Pink-footed, Anser brachyrhynchus Cooper’s, Accipiter cooperii Ross’s, Anser rossii Crane, Geranospiza caerulescens Snow, Anser caerulescens Ferruginous, Buteo regalis GOSHAWK, Northern, Accipiter gentilis Gray, Buteo plagiatus GRACKLE, Boat-tailed, Quiscalus major Great Black, Buteogallus urubitinga Common, Quiscalus quiscula Harris’s, Parabuteo unicinctus Greater Antillean, Quiscalus niger Hawaiian, Buteo solitarius Great-tailed, Quiscalus mexicanus Red-shouldered, Buteo lineatus GRASSHOPPER-WARBLER, Middendorff’s, Red-tailed, Buteo jamaicensis Locustella ochotensis Roadside, Rupornis magnirostris GRASSQUIT, Black-faced, Melanospiza bi- Rough-legged, Buteo lagopus color Sharp-shinned, Accipiter striatus Yellow-faced, Tiaris olivaceus Short-tailed, Buteo brachyurus GREBE, Clark’s, Aechmophorus clarkii Swainson’s, Buteo swainsoni Eared, Podiceps nigricollis White-tailed, Geranoaetus albicaudatus Horned, Podiceps auritus Zone-tailed, Buteo albonotatus Least, Tachybaptus dominicus HAWK-CUCKOO, Hodgson’s, Hierococcyx Pied-billed, Podilymbus podiceps nisicolor Red-necked, Podiceps grisegena HERON, Gray, Ardea cinerea Western, Aechmophorus occidentalis Great Blue, Ardea herodias GREENFINCH, Oriental, Chloris sinica Green, Butorides virescens GREENSHANK, Common, Tringa nebularia Little Blue, Egretta caerulea Nordmann’s, Tringa guttifer Tricolored, Egretta tricolor GROSBEAK, Black-headed, Pheucticus HOBBY, Eurasian, Falco subbuteo melanocephalus HONEYCREEPER, Laysan, Himatione fraithii Blue, Passerina caerulea Red-legged, Cyanerpes cyaneus 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, Shy, Alopecoenas stairi Berylline, Amazilia beryllina White-throated, Alopecoenas xanthonurus Black-chinned, Archilochus alexandri GUILLEMOT, Black, Cepphus grylle Broad-billed, Cynanthus latirostris Pigeon, Cepphus columba Broad-tailed, Selasphorus platycercus GULL, Belcher’s, Larus belcheri Buff-bellied, Amazilia yucatanensis Black-headed, Chroicocephalus ridibundus Bumblebee, Atthis heloisa Black-tailed, Larus crassirostris Calliope, Selasphorus calliope Bonaparte’s, Chroicocephalus philadelphia Cinnamon, Amazilia rutila California, Larus californicus Costa’s, Calypte costae Franklin’s, Leucophaeus pipixcan Lucifer, Calothorax lucifer Glaucous, Larus hyperboreus Rivoli’s, Eugenes fulgens Glaucous-winged, Larus glaucescens Ruby-throated, Archilochus colubris Gray-hooded, Chroicocephalus cirrocephalus Rufous, Selasphorus rufus Great Black-backed, Larus marinus Vervain, Mellisuga minima Heermann’s, Larus heermanni Violet-crowned, Amazilia violiceps Herring, Larus argentatus White-eared, Hylocharis leucotis Iceland, Larus glaucoides Xantus’s, Hylocharis xantusii Ivory, Pagophila eburnea IBIS, Glossy, Plegadis falcinellus Kelp, Larus dominicanus Scarlet, Eudocimus ruber Laughing, Leucophaeus atricilla White, Eudocimus albus Lesser Black-backed, Larus fuscus White-faced, Plegadis chihi Little, Hydrocoloeus minutus ’I’IWI, Drepanis coccinea Mew, Larus canus IMPERIAL-PIGEON, Pacific, Ducula pacifica Ring-billed, Larus delawarensis JABIRU, Jabiru mycteria Ross’s, Rhodostethia rosea JACANA, Northern, Jacana spinosa Sabine’s, Xema sabini JACKDAW, Eurasian, Corvus monedula Slaty-backed, Larus schistisagus JAEGER, Long-tailed, Stercorarius Swallow-tailed, Creagrus furcatus longicaudus Western, Larus occidentalis Parasitic, Stercorarius parasiticus Yellow-footed, Larus livens Pomarine, Stercorarius pomarinus Yellow-legged, Larus michahellis JAY, Blue, Cyanocitta cristata GYRFALCON, Falco rusticolus Brown, Psilorhinus morio HARRIER, Northern, Circus hudsonius Canada, Perisoreus canadensis HAWFINCH, Coccothraustes coccothraustes Green, Cyanocorax yncas

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Mexican, Aphelocoma wollweberi Purple, Progne subis Pinyon, Gymnorhinus cyanocephalus Southern, Progne elegans Steller’s, Cyanocitta stelleri MEADOWLARK, Eastern, Sturnella magna JUNCO, Dark-eyed, Junco hyemalis Western, Sturnella neglecta Yellow-eyed, Junco phaeonotus MERGANSER, Common, Mergus merganser KA¯ KA¯ WAHIE, Paroreomyza flammea Hooded, Lophodytes cucullatus KA¯ MA‘O, Myadestes myadestinus Red-breasted, Mergus serrator KESTREL, American, Falco sparverius MERLIN, Falco columbarius Eurasian, Falco tinnunculus MILLERBIRD, Acrocephalus familiaris KILLDEER, Charadrius vociferus MOCKINGBIRD, Bahama, Mimus gundlachii KINGBIRD, Cassin’s, Tyrannus vociferans Blue, Melanotis caerulescens Couch’s, Tyrannus couchii Northern, Mimus polyglottos Eastern, Tyrannus tyrannus MOORHEN, Common, Gallinula chloropus Gray, Tyrannus dominicensis MOUNTAIN-GEM, Amethyst-throated, Loggerhead, Tyrannus caudifasciatus Lampornis amethystinus Thick-billed, Tyrannus crassirostris Blue-throated, Lampornis clemenciae Tropical, Tyrannus melancholicus MURRE, Common, Uria aalge Western, Tyrannus verticalis Thick-billed, Uria lomvia KINGFISHER, Amazon, Chloroceryle amazona MURRELET, Ancient, Synthliboramphus Belted, Megaceryle alcyon antiquus Common, Alcedo atthis Craveri’s, Synthliboramphus craveri Green, Chloroceryle americana Guadalupe, Synthliboramphus hypoleucus Guam, Todiramphus cinnamominus Kittlitz’s, Brachyramphus brevirostris Mariana, Todiramphus albicilla Long-billed, Brachyramphus perdix Pacific, Todiramphus sacer Marbled, Brachyramphus marmoratus Ringed, Megaceryle torquata Scripps’s, Synthliboramphus scrippsi KINGLET, Golden-crowned, Regulus satrapa NEEDLETAIL, White-throated, Hirundapus Ruby-crowned, Regulus calendula caudacutus KISKADEE, Great, Pitangus sulphuratus NIGHTHAWK, Antillean, Chordeiles KITE, Black, Milvus migrans gundlachii Double-toothed, Harpagus bidentatus Common, Chordeiles minor Hook-billed, Chondrohierax uncinatus Lesser, Chordeiles acutipennis Mississippi, Ictinia mississippiensis NIGHT-HERON, Black-crowned, Nycticorax Snail, Rostrhamus sociabilis nycticorax Swallow-tailed, Elanoides forficatus Japanese, Gorsachius goisagi White-tailed, Elanus leucurus Malayan, Gorsachius melanolophus KITTIWAKE, Black-legged, Rissa tridactyla Rufous, Nycticorax caledonicus Red-legged, Rissa brevirostris Yellow-crowned, Nyctanassa violacea KNOT, Great, Calidris tenuirostris NIGHTINGALE-THRUSH, Black-headed, Red, Calidris canutus Catharus mexicanus KOEL, Long-tailed, Urodynamis taitensis Orange-billed, Catharus aurantiirostris LAPWING, Northern, Vanellus vanellus NIGHTJAR, Buff-collared, Antrostomus LARK, Horned, Eremophila alpestris ridgwayi LIMPKIN, Aramus guarauna Gray, Caprimulgus jotaka LIZARD-CUCKOO, Puerto Rican, Coccyzus Puerto Rican, Antrostomus noctitherus vieilloti White-tailed, Hydropsalis cayennensis LONGSPUR, Chestnut-collared, Calcarius NODDY, Black, Anous minutus ornatus Blue-gray, Anous ceruleus Lapland, Calcarius lapponicus Brown, Anous stolidus McCown’s, Rhynchophanes mccownii NUKUPU’U, Kauai, Hemignathus hanapepe Smith’s, Calcarius pictus Maui, Hemignathus affinis LOON, Arctic, Gavia arctica O’ahu, Hemignathus lucidus Common, Gavia immer NUTCRACKER, Clark’s, Nucifraga Pacific, Gavia pacifica columbiana Red-throated, Gavia stellata NUTHATCH, Brown-headed, Sitta pusilla Yellow-billed, Gavia adamsii Pygmy, Sitta pygmaea MAGPIE, Black-billed, Pica hudsonia Red-breasted, Sitta canadensis Yellow-billed, Pica nuttalli White-breasted, Sitta carolinensis MALLARD, Anas platyrhynchos OLOMA’O, Myadestes lanaiensis MANGO, Antillean, Anthracothorax dominicus ’O¯ MA’O, Myadestes obscurus Green, Anthracothorax viridis ORIOLE, Altamira, Icterus gularis Green-breasted, Anthracothorax prevostii Audubon’s, Icterus graduacauda MARSH-HARRIER, Eastern, Circus spilonotus Baltimore, Icterus galbula MARTIN, Brown-chested, Progne tapera Black-backed, Icterus abeillei Caribbean, Progne dominicensis Black-vented, Icterus wagleri Cuban, Progne cryptoleuca Bullock’s, Icterus bullockii Gray-breasted, Progne chalybea Hooded, Icterus cucullatus

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

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Painted, Myioborus pictus Florida, Aphelocoma coerulescens Slate-throated, Myioborus miniatus Island, Aphelocoma insularis REDWING, Turdus iliacus Woodhouse’s, Aphelocoma woodhouseii REEF-HERON, Pacific, Egretta sacra SEA-EAGLE, Steller’s, Haliaeetus pelagicus Western, Egretta gularis SEEDEATER, Morelet’s, Sporophila morelleti ROADRUNNER, Greater, Geococcyx SHEARWATER, Audubon’s, Puffinus californianus lherminieri ROBIN, American, Turdus migratorius Barolo, Puffinus baroli European, Erithacus rubecula Black-vented, Puffinus opisthomelas Rufous-backed, Turdus rufopalliatus Bryan’s, Puffinus bryani Rufous-tailed, Larvivora sibilans Buller’s, Ardenna bulleri Siberian Blue, Larvivora cyane Cape Verde, Calonectris edwardsii ROCK-THRUSH, Blue, Monticola solitarius Christmas, Puffinus nativitatis ROSEFINCH, Common, Carpodacus Cory’s, Calonectris diomedea erythrinus Flesh-footed, Ardenna carneipes Pallas’s, Carpodacus roseus Great, Ardenna gravis ROSY-FINCH, Asian, Leucosticte arctoa Manx, Puffinus puffinus Black, Leucosticte atrata Newell’s, Puffinus newelli Brown-capped, Leucosticte australis Pink-footed, Ardenna creatopus Gray-crowned, Leucosticte tephrocotis Short-tailed, Ardenna tenuirostris RUBYTHROAT, Siberian, Calliope calliope Sooty, Ardenna grisea RUFF, Calidris pugnax Streaked, Calonectris leucomelas SANDERLING, Calidris alba Wedge-tailed, Ardenna pacifica SANDPIPER, Baird’s, Calidris bairdii SHOVELER, Northern, Spatula clypeata Broad-billed, Calidris falcinellus SHRIKE, Brown, Lanius cristatus Buff-breasted, Calidris subruficollis Loggerhead, Lanius ludovicianus Common, Actitis hypoleucos Northern, Lanius borealis Curlew, Calidris ferruginea SILKY-FLYCATCHER, Gray, Ptiliogonys Green, Tringa ochropus cinereus Least, Calidris minutilla SISKIN, Eurasian, Spinus spinus Marsh, Tringa stagnatilis Pine, Spinus pinus Pectoral, Calidris melanotos SKIMMER, Black, Rynchops niger Purple, Calidris maritima SKUA, Great, Stercorarius skua Rock, Calidris ptilocnemis South Polar, Stercorarius maccormicki Semipalmated, Calidris pusilla SKYLARK, Eurasian, Alauda arvensis Sharp-tailed, Calidris acuminata SMEW, Mergellus albellus Solitary, Tringa solitaria SNIPE, Common, Gallinago gallinago Spoon-billed, Calidris pygmea Jack, Lymnocryptes minimus Spotted, Actitis macularius Pin-tailed, Gallinago stenura Stilt, Calidris himantopus Solitary, Gallinago solitaria Terek, Xenus cinereus Swinhoe’s, Gallinago megala Upland, Bartramia longicauda Wilson’s, Gallinago delicata Western, Calidris mauri SOLITAIRE, Brown-backed, Myadestes White-rumped, Calidris fuscicollis occidentalis Wood, Tringa glareola Townsend’s, Myadestes townsendi SAND-PLOVER, Greater, Charadrius SORA, Porzana carolina leschenaultii SPARROW, American Tree, Spizelloides Lesser, Charadrius mongolus arborea SAPSUCKER, Red-breasted, Sphyrapicus Bachman’s, Peucaea aestivalis ruber Baird’s, Centronyx bairdii Red-naped, Sphyrapicus nuchalis Bell’s, Artemisiospiza belli Williamson’s, Sphyrapicus thyroideus Black-chinned, Spizella atrogularis Yellow-bellied, Sphyrapicus varius Black-throated, Amphispiza bilineata SCAUP, Greater, Aythya marila Botteri’s, Peucaea botterii Lesser, Aythya affinis Brewer’s, Spizella breweri SCOPS-OWL, Oriental, Otus sunia Cassin’s, Peucaea cassinii SCOTER, Black, Melanitta americana Chipping, Spizella passerina Common, Melanitta nigra Clay-colored, Spizella pallida Stejneger’s, Melanitta stejnegeri Field, Spizella pusilla Surf, Melanitta perspicillata Five-striped, Amphispiza quinquestriata White-winged, Melanitta deglandi Fox, Passerella iliaca SCREECH-OWL, Eastern, Megascops asio Golden-crowned, Zonotrichia atricapilla Puerto Rican, Megascops nudipes Grasshopper, Ammodramus savannarum Western, Megascops kennicottii Harris’s, Zonotrichia querula Whiskered, Megascops trichopsis Henslow’s, Centronyx henslowii SCRUB-JAY, California, Aphelocoma Lark, Chondestes grammacus californica LeConte’s, Ammospiza leconteii

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Lincoln’s, Melospiza lincolnii Tundra, Cygnus columbianus Nelson’s, Ammospiza nelsoni Whooper, Cygnus cygnus Olive, Arremonops rufivirgatus SWIFT, Alpine, Apus melba Rufous-crowned, Aimophila ruficeps Black, Cypseloides niger Rufous-winged, Peucaea carpalis Chimney, Chaetura pelagica Sagebrush, Artemisiospiza nevadensis Common, Apus apus Saltmarsh, Ammospiza caudacuta Fork-tailed, Apus pacificus Savannah, Passerculus sandwichensis Short-tailed, Chaetura brachyura Seaside, Ammospiza maritima Vaux’s, Chaetura vauxi Song, Melospiza melodia White-collared, Streptoprocne zonaris Swamp, Melospiza georgiana White-throated, Aeronautes saxatalis Vesper, Pooecetes gramineus SWIFTLET, Mariana, Aerodramus bartschi White-crowned, Zonotrichia leucophrys White-rumped, Aerodramus spodiopygius White-throated, Zonotrichia albicollis TANAGER, Flame-colored, Piranga bidentata Worthen’s, Spizella wortheni Hepatic, Piranga flava SPARROWHAWK, Chinese, Accipiter soloensis Puerto Rican, Nesospingus speculiferus Japanese, Accipiter gularis Scarlet, Piranga olivacea SPINDALIS, Puerto Rican, Spindalis Summer, Piranga rubra portoricensis Western, Piranga ludoviciana Western, Spindalis zena TATTLER, Gray-tailed, Tringa brevipes SPOONBILL, Roseate, Platalea ajaja Wandering, Tringa incana STARLING, Chestnut-cheeked, Agropsar TEAL, Baikal, Sibirionetta formosa philippensis Blue-winged, Spatula discors White-cheeked, Spodiopsar cineraceus Cinnamon, Spatula cyanoptera STARTHROAT, Plain-capped, Heliomaster Green-winged, Anas crecca constantii TERN, Aleutian, Onychoprion aleuticus STILT, Black-necked, Himantopus mexicanus Arctic, Sterna paradisaea Black-winged, Himantopus himantopus Black, Chlidonias niger STINT, Little, Calidris minuta Black-naped, Sterna sumatrana Long-toed, Calidris subminuta Bridled, Onychoprion anaethetus Red-necked, Calidris ruficollis Caspian, Hydroprogne caspia Temminck’s, Calidris temminckii Common, Sterna hirundo STONECHAT, Saxicola torquatus Elegant, Thalasseus elegans STORK, Wood, Mycteria americana Forster’s, Sterna forsteri STORM-PETREL, Ashy, Hydrobates Gray-backed, Onychoprion lunatus homochroa Great Crested, Thalasseus bergii Band-rumped, Hydrobates castro Gull-billed, Gelochelidon nilotica Black, Hydrobates melania Large-billed, Phaetusa simplex Black-bellied, Fregetta tropica Least, Sternula antillarum European, Hydrobates pelagicus Little, Sternula albifrons Fork-tailed, Hydrobates furcatus Roseate, Sterna dougallii Leach’s, Hydrobates leucorhous Royal, Thalasseus maximus Least, Hydrobates microsoma Sandwich, Thalasseus sandvicensis Matsudaira’s, Oceanodroma matsudairae Sooty, Onychoprion fuscatus Polynesian, Nesofregetta fuliginosa Whiskered, Chlidonias hybrida Ringed, Hydrobates hornbyi White, Gygis alba Swinhoe’s, Hydrobates monorhis White-winged, Chlidonias leucopterus Townsend’s, Hydrobates socorroensis THRASHER, Bendire’s, Toxostoma bendirei Tristram’s, Hydrobates tristrami Brown, Toxostoma rufum Wedge-rumped, Hydrobates tethys California, Toxostoma redivivum White-bellied, Fregetta grallaria Crissal, Toxostoma crissale White-faced, Pelagodroma marina Curve-billed, Toxostoma curvirostre Wilson’s, Oceanites oceanicus LeConte’s, Toxostoma lecontei SURFBIRD, Calidris 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

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Wood, Hylocichla mustelina Cerulean, Setophaga cerulea TIGER-HERON, Bare-throated, Tigrisoma Chestnut-sided, Setophaga pensylvanica mexicanum Colima, Leiothlypis crissalis TITMOUSE, Black-crested, Baeolophus Connecticut, Oporornis agilis atricristatus Crescent-chested, Oreothlypis superciliosa Bridled, Baeolophus wollweberi Dusky, Phylloscopus fuscatus Juniper, Baeolophus ridgwayi Elfin-woods, Setophaga angelae Oak, Baeolophus inornatus Fan-tailed, Basileuterus lachrymosus Tufted, Baeolophus bicolor Golden-cheeked, Setophaga chrysoparia TITYRA, Masked, Tityra semifasciata Golden-crowned, Basileuterus culicivorus TOWHEE, Abert’s, Melozone aberti Golden-winged, Vermivora chrysoptera California, Melozone crissalis Grace’s, Setophaga graciae Canyon, Melozone fusca Hermit, Setophaga occidentalis Eastern, Pipilo erythrophthalmus Hooded, Setophaga citrina Green-tailed, Pipilo chlorurus Kamchatka Leaf, Phylloscopus examinandus Spotted, Pipilo maculatus Kentucky, Geothlypis formosa TROGON, Elegant, Trogon elegans Kirtland’s, Setophaga kirtlandii TROPICBIRD, Red-billed, Phaethon aethereus Lanceolated, Locustella lanceolata Red-tailed, Phaethon rubricauda Lucy’s, Leiothlypis luciae White-tailed, Phaethon lepturus MacGillivray’s, Geothlypis tolmiei TURNSTONE, Black, Arenaria melanocephala Magnolia, Setophaga magnolia Ruddy, Arenaria interpres Mourning, Geothlypis philadelphia TURTLE-DOVE, Oriental, Streptopelia Nashville, Leiothlypis ruficapilla orientalis Nightingale Reed, Acrocephalus luscinius VEERY, Catharus fuscescens Olive, Peucedramus taeniatus VERDIN, Auriparus flaviceps Orange-crowned, Leiothlypis celata VIOLETEAR, Mexican, Colibri thalassinus Pagan Reed, Acrocephalus yamashinae VIREO, Bell’s, Vireo bellii Pallas’s Leaf, Phylloscopus proregulus Black-capped, Vireo atricapilla Palm, Setophaga palmarum Black-whiskered, Vireo altiloquus Pine, Setophaga pinus Blue-headed, Vireo solitarius Prairie, Setophaga discolor Cassin’s, Vireo cassinii Prothonotary, Protonotaria citrea Cuban, Vireo gundlachii Red-faced, Cardellina rubrifrons Gray, Vireo vicinior River, Locustella fluviatilis Hutton’s, Vireo huttoni Rufous-capped, Basileuterus rufifrons Philadelphia, Vireo philadelphicus Saipan Reed, Acrocephalus hiwae Plumbeous, Vireo plumbeus Sedge, Acrocephalus schoenobaenus Puerto Rican, Vireo latimeri Swainson’s, Limnothlypis swainsonii Red-eyed, Vireo olivaceus Tennessee, Leiothlypis peregrina Thick-billed, Vireo crassirostris Thick-billed, Arundinax aedon Warbling, Vireo gilvus Townsend’s, Setophaga townsendi White-eyed, Vireo griseus Virginia’s, Leiothlypis virginiae Yellow-green, Vireo flavoviridis Willow, Phylloscopus trochilus Yellow-throated, Vireo flavifrons Wilson’s, Cardellina pusilla Yucatan, Vireo magister Wood, Phylloscopus sibilatrix VULTURE, Black, Coragyps atratus Worm-eating, Helmitheros vermivorum Turkey, Cathartes aura Yellow, Setophaga petechia WAGTAIL, Citrine, Motacilla citreola Yellow-browed, Phylloscopus inornatus Eastern Yellow, Motacilla tschutschensis Yellow-rumped, Setophaga coronata Gray, Motacilla cinerea Yellow-throated, Setophaga dominica White, Motacilla alba WATERTHRUSH, Louisiana, Parkesia WARBLER, Adelaide’s, Setophaga adelaidae motacilla Aguiguan Reed, Acrocephalus nijoi Northern, Parkesia noveboracensis Arctic, Phylloscopus borealis WAXWING, Bohemian, Bombycilla garrulus Bachman’s, Vermivora bachmanii Cedar, Bombycilla cedrorum Bay-breasted, Setophaga castanea WHEATEAR, Northern, Oenanthe oenanthe Black-and-white, Mniotilta varia Pied, Oenanthe pleschanka Blackburnian, Setophaga fusca WHIMBREL, Numenius phaeopus Blackpoll, Setophaga striata WHIP-POOR-WILL, Eastern, Antrostomus Black-throated Blue, Setophaga vociferus caerulescens Mexican, Antrostomus arizonae Black-throated Gray, Setophaga nigrescens WHISTLING-DUCK, Black-bellied, Black-throated Green, Setophaga virens Dendrocygna autumnalis Blue-winged, Vermivora cyanoptera Fulvous, Dendrocygna bicolor Blyth’s Reed, Acrocephalus dumetorum West Indian, Dendrocygna arborea Canada, Cardellina canadensis WHITETHROAT, Lesser, Sylvia curruca Cape May, Setophaga tigrina WIGEON, American, Mareca americana

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

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Nomonyx dominicus, Masked Duck Chordeiles gundlachii, Antillean Nighthawk Oxyura jamaicensis, Ruddy Duck Subfamily CAPRIMULGINAE Order PHOENICOPTERIFORMES Nyctidromus albicollis, Common Pauraque Family PHOENICOPTERIDAE Phalaenoptilus nuttallii, Common Poorwill Phoenicopterus ruber, American Flamingo Antrostomus carolinensis, Chuck-will’s- Order PODICIPEDIFORMES widow Family PODICIPEDIDAE Antrostomus ridgwayi, Buff-collared Tachybaptus dominicus, Least Grebe Nightjar Podilymbus podiceps, Pied-billed Grebe Antrostomus vociferus, Eastern Whip-poor- Podiceps auritus, Horned Grebe will Podiceps grisegena, Red-necked Grebe Antrostomus arizonae, Mexican Whip-poor- Podiceps nigricollis, Eared Grebe will Aechmophorus occidentalis, Western Grebe Antrostomus noctitherus, Puerto Rican Aechmophorus clarkii, Clark’s Grebe Nightjar Order COLUMBIFORMES Hydropsalis cayennensis, White-tailed Family COLUMBIDAE Nightjar Patagioenas squamosa, Scaly-naped Pigeon Caprimulgus jotaka, Gray Nightjar Patagioenas leucocephala, White-crowned Order APODIFORMES Pigeon Family APODIDAE Patagioenas flavirostris, Red-billed Pigeon Subfamily CYPSELOIDINAE Patagioenas inornata, Plain Pigeon Cypseloides niger, Black Swift Patagioenas fasciata, Band-tailed Pigeon Streptoprocne zonaris, White-collared Swift Streptopelia orientalis, Oriental Turtle-Dove Subfamily CHAETURINAE Alopecoenas xanthonurus, White-throated Chaetura pelagica, Chimney Swift Ground-Dove Chaetura vauxi, Vaux’s Swift Alopecoenas stairi, Shy Ground-Dove Chaetura brachyura, Short-tailed Swift Columbina inca, Inca Dove Hirundapus caudacutus, White-throated Columbina passerina, Common Ground Dove Needletail Columbina talpacoti, Ruddy Ground Dove Aerodramus spodiopygius, White-rumped Geotrygon montana, Ruddy Quail-Dove Swiftlet Geotrygon chrysia, Key West Quail-Dove Aerodramus bartschi, Mariana Swiftlet Geotrygon mystacea, Bridled Quail-Dove Subfamily APODINAE Leptotila verreauxi, White-tipped Dove Apus apus, Common Swift Zenaida asiatica, White-winged Dove Apus pacificus, Fork-tailed Swift Zenaida aurita, Zenaida Dove Apus melba, Alpine Swift Zenaida macroura, Mourning Dove Aeronautes saxatalis, White-throated Swift Ptilinopus perousii, Many-colored Fruit- Tachornis phoenicobia, Antillean Palm- Dove Swift Ptilinopus porphyraceus, Crimson-crowned Family TROCHILIDAE Fruit-Dove Subfamily TROCHILINAE Ptilinopus roseicapilla, Mariana Fruit-Dove Colibri thalassinus, Mexican Violetear Ducula pacifica, Pacific Imperial-Pigeon Anthracothorax prevostii, Green-breasted Order CUCULIFORMES Mango Family CUCULIDAE Anthracothorax dominicus, Antillean Mango Subfamily CROTOPHAGINAE Anthracothorax viridis, Green Mango Crotophaga ani, Smooth-billed Ani Eulampis jugularis, Purple-throated Carib Crotophaga sulcirostris, Groove-billed Ani Eulampis holosericeus, Green-throated Carib Subfamily NEOMORPHINAE Eugenes fulgens, Rivoli’s Hummingbird Geococcyx californianus, Greater Road- Heliomaster constantii, Plain-capped runner Starthroat Subfamily CUCULINAE Lampornis amethystinus, Amethyst- Urodynamis taitensis, Long-tailed Koel throated Mountain-gem Hierococcyx nisicolor, Hodgson’s Hawk- Lampornis clemenciae, Blue-throated Moun- Cuckoo tain-gem Cuculus canorus, Common Cuckoo Calothorax lucifer, Lucifer Hummingbird Cuculus optatus, Oriental Cuckoo Archilochus colubris, Ruby-throated Hum- Coccyzus americanus, Yellow-billed Cuckoo mingbird Coccyzus minor, Mangrove Cuckoo Archilochus alexandri, Black-chinned Hum- Coccyzus erythropthalmus, Black-billed mingbird Cuckoo Mellisuga minima, Vervain Hummingbird Coccyzus vieilloti, Puerto Rican Lizard- Nesophlox evelynae, Bahama Woodstar Cuckoo Calypte anna, Anna’s Hummingbird Order CAPRIMULGIFORMES Calypte costae, Costa’s Hummingbird Family CAPRIMULGIDAE Atthis heloisa, Bumblebee Hummingbird Subfamily CHORDEILINAE Selasphorus platycercus, Broad-tailed Hum- Chordeiles acutipennis, Lesser Nighthawk mingbird Chordeiles minor, Common Nighthawk Selasphorus rufus, Rufous Hummingbird

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Selasphorus sasin, Allen’s Hummingbird Pluvialis apricaria, European Golden-Plover Selasphorus calliope, Calliope Hummingbird Pluvialis dominica, American Golden-Plover Chlorostilbon maugaeus, Puerto Rican Em- Pluvialis fulva, Pacific Golden-Plover erald Charadrius morinellus, Eurasian Dotterel Cynanthus latirostris, Broad-billed Hum- Charadrius vociferus, Killdeer mingbird Charadrius hiaticula, Common Ringed Plov- Orthorhyncus cristatus, Antillean Crested er Hummingbird Charadrius semipalmatus, Semipalmated Amazilia beryllina, Berylline Hummingbird Plover Amazilia yucatanensis, Buff-bellied Hum- Charadrius melodus, Piping Plover mingbird Charadrius dubius, Little Ringed Plover Amazilia rutila, Cinnamon Hummingbird Charadrius mongolus, Lesser Sand-Plover Amazilia violiceps, Violet-crowned Hum- Charadrius leschenaultii, Greater Sand- mingbird Plover Hylocharis leucotis, White-eared Humming- Charadrius wilsonia, Wilson’s Plover bird Charadrius collaris, Collared Plover Hylocharis xantusii, Xantus’s Hummingbird Charadrius montanus, Mountain Plover Order GRUIFORMES Charadrius alexandrinus, Kentish Plover Family RALLIDAE Charadrius nivosus, Snowy Plover Coturnicops noveboracensis, Yellow Rail Family JACANIDAE Laterallus jamaicensis, Black Rail Jacana spinosa, Northern Jacana Gallirallus philippensis, Buff-banded Rail Family SCOLOPACIDAE Gallirallus owstoni, Guam Rail Subfamily NUMENIINAE Crex crex, Corn Crake Bartramia longicauda, Upland Sandpiper Rallus obsoletus, Ridgway’s Rail Numenius tahitiensis, Bristle-thighed Cur- Rallus crepitans, Clapper Rail lew Rallus elegans, King Rail Numenius phaeopus, Whimbrel Rallus limicola, Virginia Rail Numenius minutus, Little Curlew Aramides axillaris, Rufous-necked Wood- Numenius borealis, Eskimo Curlew Rail Numenius americanus, Long-billed Curlew Porzana carolina, Sora Numenius madagascariensis, Far Eastern Porzana tabuensis, Spotless Crake Curlew Hapalocrex flaviventer, Yellow-breasted Numenius arquata, Eurasian Curlew Crake Subfamily LIMOSINAE Neocrex erythrops, Paint-billed Crake Limosa lapponica, Bar-tailed Godwit Pardirallus maculatus, Spotted Rail Limosa limosa, Black-tailed Godwit Porphyrio martinicus, Purple Gallinule Limosa haemastica, Hudsonian Godwit Porphyrio flavirostris, Azure Gallinule Limosa fedoa, Marbled Godwit Porphyrio porphyrio, Purple Swamphen Subfamily ARENARIINAE Gallinula galeata, Common Gallinule Arenaria interpres, Ruddy Turnstone Gallinula chloropus, Common Moorhen Arenaria melanocephala, Black Turnstone Fulica atra, Eurasian Coot Calidris tenuirostris, Great Knot Fulica alai, Hawaiian Coot Calidris canutus, Red Knot Fulica americana, American Coot Calidris virgata, Surfbird Family ARAMIDAE Calidris pugnax, Ruff Aramus guarauna, Limpkin Calidris falcinellus, Broad-billed Sandpiper Family GRUIDAE Calidris acuminata, Sharp-tailed Sandpiper Subfamily GRUINAE Calidris himantopus, Stilt Sandpiper Antigone canadensis, Sandhill Crane Calidris ferruginea, Curlew Sandpiper Grus grus, Common Crane Calidris temminckii, Temminck’s Stint Grus americana, Whooping Crane Calidris subminuta, Long-toed Stint Order CHARADRIIFORMES Calidris pygmea, Spoon-billed Sandpiper Family RECURVIROSTRIDAE Calidris ruficollis, Red-necked Stint Himantopus himantopus, Black-winged Stilt Calidris alba, Sanderling Himantopus mexicanus, Black-necked Stilt Calidris alpina, Dunlin Recurvirostra americana, American Avocet Calidris ptilocnemis, Rock Sandpiper Family HAEMATOPODIDAE Calidris maritima, Purple Sandpiper Haematopus ostralegus, Eurasian Calidris bairdii, Baird’s Sandpiper Oystercatcher Calidris minuta, Little Stint Haematopus palliatus, American Calidris minutilla, Least Sandpiper Oystercatcher Calidris fuscicollis, White-rumped Sandpiper Haematopus bachmani, Black Oystercatcher Calidris subruficollis, Buff-breasted Sand- Family CHARADRIIDAE piper Subfamily VANELLINAE Calidris melanotos, Pectoral Sandpiper Vanellus vanellus, Northern Lapwing Calidris pusilla, Semipalmated Sandpiper Subfamily CHARADRIINAE Calidris mauri, Western Sandpiper Pluvialis squatarola, Black-bellied Plover Subfamily SCOLOPACINAE

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Limnodromus griseus, Short-billed Fratercula cirrhata, Tufted Puffin Dowitcher Family LARIDAE Limnodromus scolopaceus, Long-billed Subfamily LARINAE Dowitcher Creagrus furcatus, Swallow-tailed Gull Lymnocryptes minimus, Jack Snipe Rissa tridactyla, Black-legged Kittiwake Scolopax rusticola, Eurasian Woodcock Rissa brevirostris, Red-legged Kittiwake Scolopax minor, American Woodcock Pagophila eburnea, Ivory Gull Gallinago solitaria, Solitary Snipe Xema sabini, Sabine’s Gull Gallinago stenura, Pin-tailed Snipe Chroicocephalus philadelphia, Bonaparte’s Gallinago megala, Swinhoe’s Snipe Gull Gallinago gallinago, Common Snipe Chroicocephalus cirrocephalus, Gray-hooded Gallinago delicata, Wilson’s Snipe Gull Subfamily TRINGINAE Chroicocephalus ridibundus, Black-headed Xenus cinereus, Terek Sandpiper Gull Actitis hypoleucos, Common Sandpiper Hydrocoloeus minutus, Little Gull Actitis macularius, Spotted Sandpiper Rhodostethia rosea, Ross’s Gull Tringa ochropus, Green Sandpiper Leucophaeus atricilla, Laughing Gull Tringa solitaria, Solitary Sandpiper Leucophaeus pipixcan, Franklin’s Gull Tringa brevipes, Gray-tailed Tattler Larus belcheri, Belcher’s Gull Tringa incana, Wandering Tattler Larus crassirostris, Black-tailed Gull Tringa flavipes, Lesser Yellowlegs Larus heermanni, Heermann’s Gull Tringa semipalmata, Willet Larus canus, Mew Gull Tringa erythropus, Spotted Redshank Larus delawarensis, Ring-billed Gull Tringa nebularia, Common Greenshank Larus occidentalis, Western Gull Tringa guttifer, Nordmann’s Greenshank Larus livens, Yellow-footed Gull Tringa melanoleuca, Greater Yellowlegs Larus californicus, California Gull Tringa totanus, Common Redshank Larus argentatus, Herring Gull Tringa glareola, Wood Sandpiper Larus michahellis, Yellow-legged Gull Tringa stagnatilis, Marsh Sandpiper Larus glaucoides, Iceland Gull Phalaropus tricolor, Wilson’s Phalarope Larus fuscus, Lesser Black-backed Gull Phalaropus lobatus, Red-necked Phalarope Larus schistisagus, Slaty-backed Gull Phalaropus fulicarius, Red Phalarope Larus glaucescens, Glaucous-winged Gull Family STERCORARIIDAE Larus hyperboreus, Glaucous Gull Stercorarius skua, Great Skua Larus marinus, Great Black-backed Gull Stercorarius maccormicki, South Polar Skua Larus dominicanus, Kelp Gull Stercorarius pomarinus, Pomarine Jaeger Subfamily STERNINAE Stercorarius parasiticus, Parasitic Jaeger Anous stolidus, Brown Noddy Stercorarius longicaudus, Long-tailed Jaeger Anous minutus, Black Noddy Family ALCIDAE Anous ceruleus, Blue-gray Noddy Alle alle, Dovekie Gygis alba, White Tern Uria aalge, Common Murre Onychoprion fuscatus, Sooty Tern Uria lomvia, Thick-billed Murre Onychoprion lunatus, Gray-backed Tern Alca torda, Razorbill Onychoprion anaethetus, Bridled Tern Cepphus grylle, Black Guillemot Onychoprion aleuticus, Aleutian Tern Cepphus columba, Pigeon Guillemot Sternula albifrons, Little Tern Brachyramphus perdix, Long-billed Sternula antillarum, Least Tern Murrelet Phaetusa simplex, Large-billed Tern Brachyramphus marmoratus, Marbled Gelochelidon nilotica, Gull-billed Tern Murrelet Hydroprogne caspia, Caspian Tern Brachyramphus brevirostris, Kittlitz’s Chlidonias niger, Black Tern Murrelet Chlidonias leucopterus, White-winged Tern Synthliboramphus scrippsi, Scripps’s Chlidonias hybrida, Whiskered Tern Murrelet Sterna dougallii, Roseate Tern Synthliboramphus hypoleucus, Guadalupe Sterna sumatrana, Black-naped Tern Murrelet Sterna hirundo, Common Tern Synthliboramphus craveri, Craveri’s Sterna paradisaea, Arctic Tern Murrelet Sterna forsteri, Forster’s Tern Synthliboramphus antiquus, Ancient Thalasseus maximus, Royal Tern Murrelet Thalasseus bergii, Great Crested Tern Ptychoramphus aleuticus, Cassin’s Auklet Thalasseus sandvicensis, Sandwich Tern Aethia psittacula, Parakeet Auklet Thalasseus elegans, Elegant Tern Aethia pusilla, Least Auklet Subfamily RYNCHOPINAE Aethia pygmaea, Whiskered Auklet Rynchops niger, Black Skimmer Aethia cristatella, Crested Auklet Order PHAETHONTIFORMES Cerorhinca monocerata, Rhinoceros Auklet Family PHAETHONTIDAE Fratercula arctica, Atlantic Puffin Phaethon lepturus, White-tailed Tropicbird Fratercula corniculata, Horned Puffin Phaethon aethereus, Red-billed Tropicbird

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Phaethon rubricauda, Red-tailed Tropicbird Pterodroma externa, Juan Fernandez Petrel Order GAVIIFORMES Pterodroma sandwichensis, Hawaiian Petrel Family GAVIIDAE Pterodroma cervicalis, White-necked Petrel Gavia stellata, Red-throated Loon Pterodroma hypoleuca, Bonin Petrel Gavia arctica, Arctic Loon Pterodroma nigripennis, Black-winged Pe- Gavia pacifica, Pacific Loon trel Gavia immer, Common Loon Pterodroma feae, Fea’s Petrel Gavia adamsii, Yellow-billed Loon Pterodroma madeira, Zino’s Petrel Order PROCELLARIIFORMES Pterodroma cookii, Cook’s Petrel Family DIOMEDEIDAE Pterodroma longirostris, Stejneger’s Petrel Thalassarche chlororhynchos, Yellow-nosed Pterodroma alba, Phoenix Petrel Albatross Pterodroma leucoptera, Gould’s Petrel Thalassarche cauta, White-capped Albatross Pseudobulweria rostrata, Tahiti Petrel Thalassarche eremita, Chatham Albatross Bulweria bulwerii, Bulwer’s Petrel Thalassarche salvini, Salvin’s Albatross Bulweria fallax, Jouanin’s Petrel Thalassarche melanophris, Black-browed Al- Procellaria aequinoctialis, White-chinned batross Petrel Phoebetria palpebrata, Light-mantled Alba- Procellaria parkinsoni, Parkinson’s Petrel tross Calonectris leucomelas, Streaked Diomedea exulans, Wandering Albatross Shearwater Phoebastria immutabilis, Laysan Albatross Calonectris diomedea, Cory’s Shearwater Phoebastria nigripes, Black-footed Albatross Calonectris edwardsii, Cape Verde Phoebastria albatrus, Short-tailed Albatross Shearwater Family OCEANITIDAE Ardenna pacifica, Wedge-tailed Shearwater Oceanites oceanicus, Wilson’s Storm-Petrel Ardenna bulleri, Buller’s Shearwater Pelagodroma marina, White-faced Storm-Pe- Ardenna tenuirostris, Short-tailed trel Shearwater Fregetta tropica, Black-bellied Storm-Pe- Ardenna grisea, Sooty Shearwater trel Ardenna gravis, Great Shearwater Family HYDROBATIDAE Ardenna creatopus, Pink-footed Shearwater Hydrobates pelagicus, European Storm-Pe- Ardenna carneipes, Flesh-footed Shearwater trel Puffinus nativitatis, Christmas Shearwater Fregetta grallaria, White-bellied Storm-Pe- Puffinus puffinus, Manx Shearwater trel Puffinus newelli, Newell’s Shearwater Nesofregetta fuliginosa, Polynesian Storm- Puffinus bryani, Bryan’s Shearwater Petrel Puffinus opisthomelas, Black-vented Hydrobates furcatus, Fork-tailed Storm-Pe- Shearwater trel Puffinus lherminieri, Audubon’s Shearwater Hydrobates hornbyi, Ringed Storm-Petrel Puffinus baroli, Barolo Shearwater Hydrobates monorhis, Swinhoe’s Storm-Pe- Order CICONIIFORMES trel Family CICONIIDAE Hydrobates leucorhous, Leach’s Storm-Pe- Jabiru mycteria, Jabiru trel Mycteria americana, Wood Stork Hydrobates socorroensis, Townsend’s Storm- Order SULIFORMES Petrel Family FREGATIDAE Hydrobates homochroa, Ashy Storm-Petrel Fregata ariel, Lesser Frigatebird Hydrobates castro, Band-rumped Storm-Pe- Fregata magnificens, Magnificent trel Frigatebird Hydrobates tethys, Wedge-rumped Storm- Fregata minor, Great Frigatebird Petrel Family SULIDAE Oceanodroma matsudairae, Matsudaira’s Sula dactylatra, Masked Booby Storm-Petrel Sula granti, Nazca Booby Hydrobates melania, Black Storm-Petrel Sula nebouxii, Blue-footed Booby Hydrobates tristrami, Tristram’s Storm-Pe- Sula leucogaster, Brown Booby trel Sula sula, Red-footed Booby Hydrobates microsoma, Least Storm-Petrel Papasula abbotti, Abbott’s Booby Family PROCELLARIIDAE Morus bassanus, Northern Gannet Fulmarus glacialis, Northern Fulmar Family PHALACROCORACIDAE Pterodroma gouldi, Gray-faced Petrel Phalacrocorax melanoleucos, Little Pied Pterodroma solandri, Providence Petrel Cormorant Pterodroma neglecta, Kermadec Petrel Phalacrocorax penicillatus, Brandt’s Cor- Pterodroma arminjoniana, Trindade Petrel morant Pterodroma heraldica, Herald Petrel Phalacrocorax brasilianus, Neotropic Cor- Pterodroma ultima, Murphy’s Petrel morant Pterodroma inexpectata, Mottled Petrel Phalacrocorax auritus, Double-crested Cor- Pterodroma cahow, Bermuda Petrel morant Pterodroma hasitata, Black-capped Petrel Phalacrocorax carbo, Great Cormorant

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Phalacrocorax urile, Red-faced Cormorant Accipiter soloensis, Chinese Sparrowhawk Phalacrocorax pelagicus, Pelagic Cormorant Accipiter gularis, Japanese Sparrowhawk Family ANHINGIDAE Accipiter striatus, Sharp-shinned Hawk Anhinga anhinga, Anhinga Accipiter cooperii, Cooper’s Hawk Order PELECANIFORMES Accipiter gentilis, Northern Goshawk Family PELECANIDAE Milvus migrans, Black Kite Pelecanus erythrorhynchos, American White Haliaeetus leucocephalus, Bald Eagle Pelican Haliaeetus albicilla, White-tailed Eagle Pelecanus occidentalis, Brown Pelican Haliaeetus pelagicus, Steller’s Sea-Eagle Family ARDEIDAE Ictinia mississippiensis, Mississippi Kite Botaurus lentiginosus, American Bittern Butastur indicus, Gray-faced Buzzard Ixobrychus sinensis, Yellow Bittern Geranospiza caerulescens, Crane Hawk Ixobrychus exilis, Least Bittern Rostrhamus sociabilis, Snail Kite Ixobrychus eurhythmus, Schrenck’s Bittern Buteogallus anthracinus, Common Black Ixobrychus flavicollis, Black Bittern Hawk Tigrisoma mexicanum, Bare-throated Tiger- Buteogallus urubitinga, Great Black Hawk Heron Rupornis magnirostris, Roadside Hawk Ardea herodias, Great Blue Heron Parabuteo unicinctus, Harris’s Hawk Ardea cinerea, Gray Heron Geranoaetus albicaudatus, White-tailed Ardea alba, Great Egret Hawk Ardea intermedia, Intermediate Egret Buteo plagiatus, Gray Hawk Egretta eulophotes, Chinese Egret Buteo lineatus, Red-shouldered Hawk Egretta garzetta, Little Egret Buteo platypterus, Broad-winged Hawk Egretta sacra, Pacific Reef-Heron Buteo solitarius, Hawaiian Hawk Egretta gularis, Western Reef-Heron Buteo brachyurus, Short-tailed Hawk Egretta thula, Snowy Egret Buteo swainsoni, Swainson’s Hawk Egretta caerulea, Little Blue Heron Buteo albonotatus, Zone-tailed Hawk Egretta tricolor, Tricolored Heron Buteo jamaicensis, Red-tailed Hawk Egretta rufescens, Reddish Egret Buteo lagopus, Rough-legged Hawk Bubulcus ibis, Cattle Egret Buteo regalis, Ferruginous Hawk Ardeola bacchus, Chinese Pond-Heron Order STRIGIFORMES Butorides virescens, Green Heron Family TYTONIDAE Nycticorax nycticorax, Black-crowned Tyto alba, Barn Owl Night-Heron Family STRIGIDAE Nycticorax caledonicus, Rufous Night-Heron Otus sunia, Oriental Scops-Owl Nyctanassa violacea, Yellow-crowned Night- Psiloscops flammeolus, Flammulated Owl Heron Megascops kennicottii, Western Screech-Owl Gorsachius goisagi, Japanese Night-Heron Megascops asio, Eastern Screech-Owl Gorsachius melanolophus, Malayan Night- Megascops trichopsis, Whiskered Screech- Heron Owl Family THRESKIORNITHIDAE Megascops nudipes, Puerto Rican Screech- Subfamily THRESKIORNITHINAE Owl Eudocimus albus, White Ibis Bubo virginianus, Great Horned Owl Eudocimus ruber, Scarlet Ibis Bubo scandiacus, Snowy Owl Plegadis falcinellus, Glossy Ibis Surnia ulula, Northern Hawk Owl Plegadis chihi, White-faced Ibis Glaucidium gnoma, Northern Pygmy-Owl Subfamily PLATALEINAE Glaucidium brasilianum, Ferruginous Platalea ajaja, Roseate Spoonbill Pygmy-Owl Order CARTHARTIFORMES Micrathene whitneyi, Elf Owl Family CATHARTIDAE Athene cunicularia, Burrowing Owl Coragyps atratus, Black Vulture Ciccaba virgata, Mottled Owl Cathartes aura, Turkey Vulture Strix occidentalis, Spotted Owl Gymnogyps californianus, California Condor Strix varia, Barred Owl Order ACCIPITRIFORMES Strix nebulosa, Great Gray Owl Family PANDIONIDAE Asio otus, Long-eared Owl Pandion haliaetus, Osprey Asio stygius, Stygian Owl Family ACCIPITRIDAE Asio flammeus, Short-eared Owl Subfamily ELANINAE Aegolius funereus, Boreal Owl Elanus leucurus, White-tailed Kite Aegolius acadicus, Northern Saw-whet Owl Subfamily GYPAETINAE Ninox japonica, Northern Boobook Chondrohierax uncinatus, Hook-billed Kite Order TROGONIFORMES Elanoides forficatus, Swallow-tailed Kite Family TROGONIDAE Subfamily ACCIPITRINAE Subfamily TROGONINAE Aquila chrysaetos, Golden Eagle Trogon elegans, Elegant Trogon Harpagus bidentatus, Double-toothed Kite Euptilotis neoxenus, Eared Quetzal Circus spilonotus, Eastern Marsh-Harrier Order UPUPIFORMES Circus hudsonius, Northern Harrier Family UPUPIDAE

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Upupa epops, Eurasian Hoopoe Falco amurensis, Amur Falcon Order CORACIIFORMES Falco columbarius, Merlin Family ALCEDINIDAE Falco subbuteo, Eurasian Hobby Subfamily ALCEDININAE Falco femoralis, Aplomado Falcon Alcedo atthis, Common Kingfisher Falco rusticolus, Gyrfalcon Subfamily HALCYONINAE Falco peregrinus, Peregrine Falcon Todiramphus sacer, Pacific Kingfisher Falco mexicanus, Prairie Falcon Todiramphus cinnamominus, Guam King- Order PASSERIFORMES fisher Family TITYRIDAE Todiramphus albicilla, Mariana Kingfisher Tityra semifasciata, Masked Tityra Subfamily CERYLINAE Pachyramphus major, Gray-collared Becard Megaceryle torquata, Ringed Kingfisher Pachyramphus aglaiae, Rose-throated Megaceryle alcyon, Belted Kingfisher Becard Chloroceryle amazona, Amazon Kingfisher Family TYRANNIDAE Chloroceryle americana, Green Kingfisher Subfamily ELAENIINAE Order PICIFORMES Camptostoma imberbe, Northern Beardless- Family PICIDAE Tyrannulet Subfamily JYNGINAE Myiopagis viridicata, Greenish Elaenia Jynx torquilla, Eurasian Wryneck Elaenia martinica, Caribbean Elaenia Subfamily PICINAE Elaenia albiceps, White-crested Elaenia Melanerpes lewis, Lewis’s Woodpecker Subfamily FLUVICOLINAE Melanerpes portoricensis, Puerto Rican Mitrephanes phaeocercus, Tufted Flycatcher Woodpecker Contopus cooperi, Olive-sided Flycatcher Melanerpes erythrocephalus, Red-headed Contopus pertinax, Greater Pewee Woodpecker Contopus sordidulus, Western Wood-Pewee Melanerpes formicivorus, Acorn Woodpecker Contopus virens, Eastern Wood-Pewee Melanerpes uropygialis, Gila Woodpecker Contopus caribaeus, Cuban Pewee Melanerpes aurifrons, Golden-fronted Wood- Contopus hispaniolensis, Hispaniolan Pewee pecker Contopus latirostris, Lesser Antillean Pewee Melanerpes carolinus, Red-bellied Wood- Empidonax flaviventris, Yellow-bellied pecker Flycatcher Sphyrapicus thyroideus, Williamson’s Sap- Empidonax virescens, Acadian Flycatcher sucker Empidonax alnorum, Alder Flycatcher Sphyrapicus varius, Yellow-bellied Sap- Empidonax traillii, Willow Flycatcher sucker Empidonax minimus, Least Flycatcher Sphyrapicus nuchalis, Red-naped Sapsucker Empidonax hammondii, Hammond’s Sphyrapicus ruber, Red-breasted Sapsucker Flycatcher Picoides dorsalis, American Three-toed Empidonax wrightii, Gray Flycatcher Woodpecker Empidonax oberholseri, Dusky Flycatcher Picoides arcticus, Black-backed Woodpecker Empidonax affinis, Pine Flycatcher Dendrocopos major, Great Spotted Wood- Empidonax difficilis, Pacific-slope pecker Flycatcher Dryobates pubescens, Downy Woodpecker Empidonax occidentalis, Cordilleran Dryobates nuttallii, Nuttall’s Woodpecker Flycatcher Dryobates scalaris, Ladder-backed Wood- Empidonax fulvifrons, Buff-breasted pecker Flycatcher Dryobates borealis, Red-cockaded Wood- Sayornis nigricans, Black Phoebe pecker Sayornis phoebe, Eastern Phoebe Dryobates villosus, Hairy Woodpecker Sayornis saya, Say’s Phoebe Dryobates albolarvatus, White-headed Wood- Pyrocephalus rubinus, Vermilion Flycatcher pecker Subfamily TYRANNINAE Dryobates arizonae, Arizona Woodpecker Myiarchus tuberculifer, Dusky-capped Colaptes auratus, Northern Flicker Flycatcher Colaptes chrysoides, Gilded Flicker Myiarchus cinerascens, Ash-throated Dryocopus pileatus, Pileated Woodpecker Flycatcher Campephilus principalis, Ivory-billed Wood- Myiarchus nuttingi, Nutting’s Flycatcher pecker Myiarchus crinitus, Great Crested Order FALCONIFORMES Flycatcher Family FALCONIDAE Myiarchus tyrannulus, Brown-crested Subfamily HERPETOTHERINAE Flycatcher Micrastur semitorquatus, Collared Forest- Myiarchus sagrae, La Sagra’s Flycatcher Falcon Myiarchus antillarum, Puerto Rican Subfamily FALCONINAE Flycatcher Caracara cheriway, Crested Caracara Pitangus sulphuratus, Great Kiskadee Falco tinnunculus, Eurasian Kestrel Myiozetetes similis, Social Flycatcher Falco sparverius, American Kestrel Myiodynastes luteiventris, Sulphur-bellied Falco vespertinus, Red-footed Falcon Flycatcher

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

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Polioptila californica, California Sialia currucoides, Mountain Bluebird Gnatcatcher Myadestes townsendi, Townsend’s Solitaire Polioptila melanura, Black-tailed Myadestes occidentalis, Brown-backed Soli- Gnatcatcher taire Polioptila nigriceps, Black-capped Myadestes myadestinus, Ka¯ ma’o Gnatcatcher Myadestes lanaiensis, Olomao Family CINCLIDAE Myadestes obscurus, O¯ ma’o Cinclus mexicanus, American Dipper Myadestes palmeri, Puaiohi Family REGULIDAE Catharus aurantiirostris, Orange-billed Regulus satrapa, Golden-crowned Kinglet Nightingale-Thrush Regulus calendula, Ruby-crowned Kinglet Catharus mexicanus, Black-headed Nightin- Family PHYLLOSCOPIDAE gale-Thrush Phylloscopus trochilus, Willow Warbler Catharus fuscescens, Veery Phylloscopus collybita, Common Chiffchaff Catharus minimus, Gray-cheeked Thrush Phylloscopus sibilatrix, Wood Warbler Catharus bicknelli, Bicknell’s Thrush Phylloscopus fuscatus, Dusky Warbler Catharus ustulatus, Swainson’s Thrush Phylloscopus proregulus, Pallas’s Leaf War- Catharus guttatus, Hermit Thrush bler Hylocichla mustelina, Wood Thrush Phylloscopus inornatus, Yellow-browed War- Turdus obscurus, Eyebrowed Thrush bler Turdus naumanni, Dusky Thrush Phylloscopus borealis, Arctic Warbler Turdus pilaris, Fieldfare Phylloscopus examinandus, Kamchatka Leaf Turdus iliacus, Redwing Warbler Turdus grayi, Clay-colored Thrush Family SYLVIIDAE Turdus assimilis, White-throated Thrush Sylvia curruca, Lesser Whitethroat Turdus rufopalliatus, Rufous-backed Robin Chamaea fasciata, Wrentit Turdus migratorius, American Robin Family ACROCEPHALIDAE Turdus plumbeus, Red-legged Thrush Arundinax aedon, Thick-billed Warbler Ixoreus naevius, Varied Thrush Acrocephalus luscinius, Nightingale Reed Ridgwayia pinicola, Aztec Thrush Warbler Family MIMIDAE Acrocephalus hiwae, Saipan Reed Warbler Melanotis caerulescens, Blue Mockingbird Acrocephalus nijoi, Aguiguan Reed Warbler Melanoptila glabrirostris, Black Catbird Acrocephalus yamashinae, Pagan Reed War- Dumetella carolinensis, Gray Catbird bler Margarops fuscatus, Pearly-eyed Thrasher Acrocephalus familiaris, Millerbird Toxostoma curvirostre, Curve-billed Thrash- Acrocephalus schoenobaenus, Sedge Warbler er Acrocephalus dumetorum, Blyth’s Reed War- Toxostoma rufum, Brown Thrasher bler Toxostoma longirostre, Long-billed Thrasher Family LOCUSTELLIDAE Toxostoma bendirei, Bendire’s Thrasher Locustella ochotensis, Middendorff’s Grass- Toxostoma redivivum, California Thrasher hopper-Warbler Toxostoma lecontei, LeConte’s Thrasher Locustella fluviatilis, River Warbler Toxostoma crissale, Crissal Thrasher Locustella lanceolata, Lanceolated Warbler Oreoscoptes montanus, Sage Thrasher Family MUSCICAPIDAE Mimus gundlachii, Bahama Mockingbird Muscicapa griseisticta, Gray-streaked Mimus polyglottos, Northern Mockingbird Flycatcher Family STURNIDAE Muscicapa dauurica, Asian Brown Agropsar philippensis, Chestnut-cheeked Flycatcher Starling Muscicapa striata, Spotted Flycatcher Spodiopsar cineraceus, White-cheeked Star- Muscicapa sibirica, Dark-sided Flycatcher ling Erithacus rubecula, European Robin Family BOMBYCILLIDAE Larvivora cyane, Siberian Blue Robin Bombycilla garrulus, Bohemian Waxwing Larvivora sibilans, Rufous-tailed Robin Bombycilla cedrorum, Cedar Waxwing Cyanecula svecica, Bluethroat Family PTILIOGONATIDAE Calliope calliope, Siberian Rubythroat Ptiliogonys cinereus, Gray Silky-flycatcher Tarsiger cyanurus, Red-flanked Bluetail Phainopepla nitens, Phainopepla Ficedula narcissina, Narcissus Flycatcher Family PEUCEDRAMIDAE Ficedula mugimaki, Mugimaki Flycatcher Peucedramus taeniatus, Olive Warbler Ficedula albicilla, Taiga Flycatcher Family PRUNELLIDAE Phoenicurus phoenicurus, Common Redstart Prunella montanella, Siberian Accentor Saxicola torquatus, Stonechat Family MOTACILLIDAE Oenanthe oenanthe, Northern Wheatear Motacilla tschutschensis, Eastern Yellow Oenanthe pleschanka, Pied Wheatear Wagtail Family TURDIDAE Motacilla citreola, Citrine Wagtail Monticola solitarius, Blue Rock-Thrush Motacilla cinerea, Gray Wagtail Sialia sialis, Eastern Bluebird Motacilla alba, White Wagtail Sialia mexicana, Western Bluebird Anthus trivialis, Tree Pipit

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Anthus hodgsoni, Olive-backed Pipit Spinus lawrencei, Lawrence’s Goldfinch Anthus gustavi, Pechora Pipit Spinus tristis, American Goldfinch Anthus cervinus, Red-throated Pipit Family CALCARIIDAE Anthus rubescens, American Pipit Calcarius lapponicus, Lapland Longspur Anthus spragueii, Sprague’s Pipit Calcarius ornatus, Chestnut-collared Family FRINGILLIDAE Longspur Subfamily FRINGILLINAE Calcarius pictus, Smith’s Longspur Fringilla coelebs, Common Chaffinch Rhynchophanes mccownii, McCown’s Fringilla montifringilla, Brambling Longspur Subfamily EUPHONIINAE Plectrophenax nivalis, Snow Bunting Euphonia musica, Antillean Euphonia Plectrophenax hyperboreus, McKay’s Bun- Subfamily CARDUELINAE ting Coccothraustes vespertinus, Evening Family EMBERIZIDAE Grosbeak Emberiza leucocephalos, Pine Bunting Coccothraustes coccothraustes, Hawfinch Emberiza chrysophrys, Yellow-browed Bun- Carpodacus erythrinus, Common Rosefinch ting Carpodacus roseus, Pallas’s Rosefinch Emberiza pusilla, Little Bunting Melamprosops phaeosoma, Po’ouli Emberiza rustica, Rustic Bunting Oreomystis bairdi, ’Akikiki Emberiza elegans, Yellow-throated Bunting Paroreomyza maculata, O’ahu ’Alauahio Emberiza aureola, Yellow-breasted Bunting Paroreomyza flammea,Ka¯ ka¯ wahie Emberiza variabilis, Gray Bunting Paroreomyza montana, Maui ’Alauahio Emberiza pallasi, Pallas’s Bunting Loxioides bailleui, Palila Emberiza schoeniclus, Reed Bunting Telespiza cantans, Laysan Finch Family PASSERELLIDAE Telespiza ultima, Nihoa Finch Peucaea carpalis, Rufous-winged Sparrow Palmeria dolei, ’Akohekohe Peucaea botterii, Botteri’s Sparrow Himatione fraithii, Laysan Honeycreeper Peucaea cassinii, Cassin’s Sparrow Himatione sanguinea, ’Apapane Peucaea aestivalis, Bachman’s Sparrow Drepanis coccinea, ’I’iwi Ammodramus savannarum, Grasshopper Psittirostra psittacea, ’O¯ ’u¯ Sparrow Pseudonestor xanthophrys, Maui Parrotbill Arremonops rufivirgatus, Olive Sparrow Hemignathus hanapepe, Kauai Nukupu’u Amphispiza quinquestriata, Five-striped Hemignathus lucidus, O ’ahu Nukupu’u Sparrow Hemignathus affinis, Maui Nukupu’u Amphispiza bilineata, Black-throated Spar- Hemignathus wilsoni, ’Akiapola’au row Akialoa stejnegeri, Kauai ’Akialoa Chondestes grammacus, Lark Sparrow Akialoa ellisiana, O’ahu ’Akialoa Calamospiza melanocorys, Lark Bunting Akialoa lanaiensis, Maui Nui ’Akialoa Spizella passerina, Chipping Sparrow Magumma parva, ’Anianiau Spizella pallida, Clay-colored Sparrow Chlorodrepanis virens, Hawaii’Amakihi Spizella atrogularis, Black-chinned Sparrow Chlorodrepanis flava, O’ahu ’Amakihi Spizella pusilla, Field Sparrow Chlorodrepanis stejnegeri, Kauai ’Amakihi Spizella breweri, Brewer’s Sparrow Loxops mana, Hawaii Creeper Spizella wortheni, Worthen’s Sparrow Loxops caeruleirostris, ’Akeke’e Passerella iliaca, Fox Sparrow Loxops wolstenholmei, O’ahu ’Akepa Spizelloides arborea, American Tree Spar- Loxops ochraceus, Maui ’Akepa row Loxops coccineus, Hawaii ’Akepa Junco hyemalis, Dark-eyed Junco Pinicola enucleator, Pine Grosbeak Junco phaeonotus, Yellow-eyed Junco Pyrrhula pyrrhula, Eurasian Bullfinch Zonotrichia leucophrys, White-crowned Leucosticte arctoa, Asian Rosy-Finch Sparrow Leucosticte tephrocotis, Gray-crowned Rosy- Zonotrichia atricapilla, Golden-crowned Finch Sparrow Leucosticte atrata, Black Rosy-Finch Zonotrichia querula, Harris’s Sparrow Leucosticte australis, Brown-capped Rosy- Zonotrichia albicollis, White-throated Spar- Finch row Haemorhous mexicanus, House Finch Artemisiospiza nevadensis, Sagebrush Spar- Haemorhous purpureus, Purple Finch row Haemorhous cassinii, Cassin’s Finch Artemisiospiza belli, Bell’s Sparrow Chloris sinica, Oriental Greenfinch Pooecetes gramineus, Vesper Sparrow Acanthis flammea, Common Redpoll Ammospiza leconteii, LeConte’s Sparrow Acanthis hornemanni, Hoary Redpoll Ammospiza maritima, Seaside Sparrow Loxia curvirostra, Red Crossbill Ammospiza nelsoni, Nelson’s Sparrow Loxia sinesciuris, Cassia Crossbill Ammospiza caudacuta, Saltmarsh Sparrow Loxia leucoptera, White-winged Crossbill Centronyx bairdii, Baird’s Sparrow Spinus spinus, Eurasian Siskin Centronyx henslowii, Henslow’s Sparrow Spinus pinus, Pine Siskin Passerculus sandwichensis, Savannah Spar- Spinus psaltria, Lesser Goldfinch row

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Melospiza melodia, Song Sparrow Vermivora chrysoptera, Golden-winged War- Melospiza lincolnii, Lincoln’s Sparrow bler Melospiza georgiana, Swamp Sparrow Vermivora cyanoptera, Blue-winged Warbler Melozone fusca, Canyon Towhee Mniotilta varia, Black-and-white Warbler Melozone aberti, Abert’s Towhee Protonotaria citrea, Prothonotary Warbler Melozone crissalis, California Towhee Limnothlypis swainsonii, Swainson’s War- Aimophila ruficeps, Rufous-crowned Spar- bler row Oreothlypis superciliosa, Crescent-chested Pipilo chlorurus, Green-tailed Towhee Warbler Pipilo maculatus, Spotted Towhee Leiothlypis peregrina, Tennessee Warbler Pipilo erythrophthalmus, Eastern Towhee Leiothlypis celata, Orange-crowned Warbler Family NESOSPINGIDAE Leiothlypis crissalis, Colima Warbler Nesospingus speculiferus, Puerto Rican Tan- Leiothlypis luciae, Lucy’s Warbler ager Leiothlypis ruficapilla, Nashville Warbler Family SPINDALIDAE Leiothlypis virginiae, Virginia’s Warbler Spindalis zena, Western Spindalis Oporornis agilis, Connecticut Warbler Spindalis portoricensis, Puerto Rican Geothlypis poliocephala, Gray-crowned Spindalis Yellowthroat Family ICTERIIDAE Geothlypis tolmiei, MacGillivray’s Warbler Icteria virens, Yellow-breasted Chat Geothlypis philadelphia, Mourning Warbler Family ICTERIDAE Geothlypis formosa, Kentucky Warbler Subfamily XANTHOCEPHALINAE Geothlypis trichas, Common Yellowthroat Xanthocephalus xanthocephalus, Yellow- Setophaga angelae, Elfin-woods Warbler headed Blackbird Setophaga citrina, Hooded Warbler Subfamily DOLICHONYCHINAE Setophaga ruticilla, American Redstart Dolichonyx oryzivorus, Bobolink Setophaga kirtlandii, Kirtland’s Warbler Subfamily STURNELLINAE Setophaga tigrina, Cape May Warbler Sturnella magna, Eastern Meadowlark Setophaga cerulea, Cerulean Warbler Sturnella neglecta, Western Meadowlark Setophaga americana, Northern Parula Subfamily ICTERINAE Setophaga pitiayumi, Tropical Parula Icterus portoricensis, Puerto Rican Oriole Setophaga magnolia, Magnolia Warbler Icterus wagleri, Black-vented Oriole Setophaga castanea, Bay-breasted Warbler Icterus spurius, Orchard Oriole Setophaga fusca, Blackburnian Warbler Icterus cucullatus, Hooded Oriole Setophaga petechia, Yellow Warbler Icterus pustulatus, Streak-backed Oriole Setophaga pensylvanica, Chestnut-sided Icterus bullockii, Bullock’s Oriole Warbler Icterus gularis, Altamira Oriole Setophaga striata, Blackpoll Warbler Icterus graduacauda, Audubon’s Oriole Setophaga caerulescens, Black-throated Icterus galbula, Baltimore Oriole Blue Warbler Icterus abeillei, Black-backed Oriole Setophaga palmarum, Palm Warbler Icterus parisorum, Scott’s Oriole Setophaga pinus, Pine Warbler Subfamily AGELAIINAE Setophaga coronata, Yellow-rumped War- Agelaius phoeniceus, Red-winged Blackbird bler Agelaius tricolor, Tricolored Blackbird Setophaga dominica, Yellow-throated War- Agelaius humeralis, Tawny-shouldered bler Blackbird Setophaga discolor, Prairie Warbler Agelaius xanthomus, Yellow-shouldered Setophaga adelaidae, Adelaide’s Warbler Blackbird Setophaga graciae, Grace’s Warbler Molothrus bonariensis, Shiny Cowbird Setophaga nigrescens, Black-throated Gray Molothrus aeneus, Bronzed Cowbird Warbler Molothrus ater, Brown-headed Cowbird Setophaga townsendi, Townsend’s Warbler Euphagus carolinus, Rusty Blackbird Setophaga occidentalis, Hermit Warbler Euphagus cyanocephalus, Brewer’s Black- Setophaga chrysoparia, Golden-cheeked bird Warbler Quiscalus quiscula, Common Grackle Setophaga virens, Black-throated Green Quiscalus major, Boat-tailed Grackle Warbler Quiscalus mexicanus, Great-tailed Grackle Basileuterus lachrymosus, Fan-tailed War- Quiscalus niger, Greater Antillean Grackle bler Family PARULIDAE Basileuterus rufifrons, Rufous-capped War- Seiurus aurocapilla, Ovenbird bler Helmitheros vermivorum, Worm-eating War- Basileuterus culicivorus, Golden-crowned bler Warbler Parkesia motacilla, Louisiana Waterthrush Cardellina canadensis, Canada Warbler Parkesia noveboracensis, Northern Cardellina pusilla, Wilson’s Warbler Waterthrush Cardellina rubrifrons, Red-faced Warbler Vermivora bachmanii, Bachman’s Warbler Myioborus pictus, Painted Redstart

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Myioborus miniatus, Slate-throated Address mail for the following permits Redstart to the Regional Director. In the ad- Family CARDINALIDAE dress include one of the following: for Piranga flava, Hepatic Tanager Piranga rubra, Summer Tanager import/export licenses and exception to Piranga olivacea, Scarlet Tanager designated port permits (Attention: Piranga ludoviciana, Western Tanager Import/export license); for native en- Piranga bidentata, Flame-colored Tanager dangered and threatened species (At- Rhodothraupis celaeno, Crimson-collared tention: Endangered/threatened species Grosbeak permit); and for migratory birds and Cardinalis cardinalis, Northern Cardinal eagles (Attention: Migratory bird per- Cardinalis sinuatus, Pyrrhuloxia Pheucticus chrysopeplus, Yellow Grosbeak mit office). You can find addresses for Pheucticus ludovicianus, Rose-breasted regional offices at 50 CFR 2.2. Grosbeak [55 FR 48851, Nov. 23, 1990, as amended at 63 Pheucticus melanocephalus, Black-headed FR 52633, Oct. 1, 1998; 80 FR 26467, May 8, Grosbeak 2015] Cyanocompsa parellina, Blue Bunting Passerina caerulea, Blue Grosbeak Passerina amoena, Lazuli Bunting § 10.22 Law enforcement offices. Passerina cyanea, Indigo Bunting (a) Service law enforcement offices Passerina versicolor, Varied Bunting are located in Service regional offices. Passerina ciris, Painted Bunting Regional office addresses are provided Spiza americana, Dickcissel at 50 CFR 2.2. Mail should be addressed Family THRAUPIDAE Subfamily DACNINAE to ‘‘Special Agent in Charge, Office of Cyanerpes cyaneus, Red-legged Law Enforcement, U.S. Fish and Wild- Honeycreeper life Service’’ at the appropriate re- Subfamily COEREBINAE gional office address. Telephone num- Coereba flaveola, Bananaquit bers for Service law enforcement of- Tiaris olivaceus, Yellow-faced Grassquit fices follow: Melanospiza bicolor, Black-faced Grassquit Melopyrrha portoricensis, Puerto Rican Law enforcement Bullfinch Region office telephone Subfamily SPOROPHILINAE number Sporophila morelleti, Morelet’s Seedeater 1 ...... 503–231–6125 [78 FR 65850, Nov. 1, 2013, as amended at 85 2 ...... 505–248–7889 FR 21290, Apr. 16, 2020] 3 ...... 612–713–5320 4 ...... 404–679–7057 5 ...... 413–253–8274 Subpart C—Addresses 6 ...... 303–236–7540 7 ...... 907–786–3311 8 ...... 916–414–6660 § 10.21 Director. (a) Mail forwarded to the Director for (b) Any resident or official of a for- law enforcement purposes should be ad- eign country may contact the Service’s dressed to Chief, Office of Law Enforce- Headquarters Office of Law Enforce- ment, at the address provided at 50 ment at the address provided at 50 CFR CFR 2.1(b). 2.1(b) or by telephone at 703–358–1949. (b) Mail sent to the Director regarding permits for the Convention on [78 FR 35151, June 12, 2013, as amended at 79 FR 43964, July 29, 2014] International Trade in Endangered Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird PART 11—CIVIL PROCEDURES Conservation Act species, international movement of all ESA-listed endangered Subpart A—Introduction or threatened species, and scientific re- Sec. search on, exhibition of, or interstate 11.1 Purpose of regulations. commerce in nonnative ESA-listed en- 11.2 Scope of regulations. dangered and threatened species should 11.3 Filing of documents. be addressed to: Director, U.S. Fish and Wildlife Service, (Attention: Division Subpart B—Assessment Procedure of Management Authority), at the ad- 11.11 Notice of violation. dress provided for the Division of Man- 11.12 Petition for relief. agement Authority at 50 CFR 2.1(b). 11.13 Decision by the Director.

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11.14 Notice of assessment. (h) Archaeological Resources Protec- 11.15 Request for a hearing. tion Act, 16 U.S.C. 470aa et seq.; 11.16 Final administrative decision. (i) Paleontological Resources Protec- 11.17 Payment of final assessment. tion Act, 16 U.S.C. 470aaa et seq.; Subpart C—Hearing and Appeal (j) The Native American Graves Pro- Procedures tection and Repatriation Act, 25 U.S.C. 3001 et seq.; 11.21 Commencement of hearing procedures. (k) Recreational Hunting Safety Act 11.22 Appearance and practice. of 1994, 16 U.S.C. 5201 et seq.; and 11.23 Hearings. (l) Wild Bird Conservation Act, 16 11.24 Final administrative action. 11.25 Appeal. U.S.C. 4901 et seq. 11.26 Reporting service. [81 FR 41865, June 28, 2016]

Subpart D—Civil Monetary Penalty Inflation § 11.3 Filing of documents. Adjustments (a) Whenever a document or other 11.31 Definitions. paper is required to be filed under this 11.32 Purpose and scope. part within a certain time, such docu- 11.33 Adjustments to penalties. ment or paper will be considered filed 11.34 Subsequent adjustments. as of the date of the postmark if AUTHORITY: 16 U.S.C. 470aa–470mm, 470aaa– mailed, or the date actually delivered 470aaa–11, 668–668d, 1361–1384, 1401–1407, 1531– to the office where filing is required. 1544, 3371–3378, 4201–4245, 4901–4916, 5201–5207, The time periods set forth in this part 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; shall begin to run as of the day fol- and Sec. 107, Pub. L. 114–74, 129 Stat. 599, un- lowing the date of the document or less otherwise noted. other paper. SOURCE: 39 FR 1159, Jan. 4, 1974, unless oth- (b) If an oral or written application is erwise noted. made to the Director up to 10 calendar EDITORIAL NOTE: Nomenclature changes to days after the expiration of a time pe- part 11 appear at 67 FR 38208, June 3, 2002. riod established in this part for the required filing of documents or other pa- 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

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notice shall also advise the respondent istered or certified mail, return receipt of his right to file a petition for relief requested, of his decision pursuant to pursuant to § 11.12, or to await the Di- § 11.13. He shall set forth therein the rector’s notice of assessment. facts and conclusions upon which he (b) The respondent shall have 45 days decided that the violation did occur from the date of the notice of violation and appropriateness of the penalty as- in which to respond. During this time sessed. he may: (1) Undertake informal discussions § 11.15 Request for a hearing. with the Director; (2) Accept the proposed penalty, or Except where a right to request a the compromise, if any, offered in the hearing is deemed to have been waived notice; as provided in § 11.11, the respondent (3) File a petition for relief; or may, within 45 calendar days from the (4) Take no action, and await the Di- date of the notice of assessment re- rector’s decision, pursuant to § 11.13. ferred to in § 11.14, file a dated, written (c) Acceptance of the proposed pen- request for a hearing with the Depart- alty or the compromise shall be mental Cases Hearings Division, Office deemed to be a waiver of the notice ef of Hearings and Appeals, U.S. Depart- assessment required by § 11.14, and of ment of the Interior, 351 South West the opportunity for a hearing. Any Temple, Suite 6.300, Salt Lake City, counter offer of settlement shall be Utah 84101. deemed a rejection of the proposed offer of compromise. [81 FR 41865, June 28, 2016]

§ 11.12 Petition for relief. § 11.16 Final administrative decision. If the respondent so chooses he may (a) Where no request for a hearing is ask that no penalty be assessed or that filed as provided in § 11.15 the Direc- the amount be reduced, and he may tor’s assessment shall become effective admit or contest the legal sufficiency and shall constitute the final adminis- of the charge and the Director’s allega- trative decision of the Secretary on the tions of facts, by filing a petition for 45th calendar day from the date of the relief (hereinafter ‘‘petition’’) with the notice of assessment. Director at the address specified in the (b) If a request for a hearing is timely notice within 45 days of the date there- filed in accordance with § 11.15, the date of. The petition shall be in writing and of the final administrative decision in signed by the respondent. If the re- the matter shall be as provided in sub- spondent is a corporation, the petition part C of this part. must be signed by an officer authorized to sign such documents. It must set § 11.17 Payment of final assessment. forth in full the legal or other reasons for the relief. When a final administrative decision becomes effective in accordance with § 11.13 Decision by the Director. this part 11, the respondent shall have Upon expiration of the period re- 20 calendar days from the date of the quired or granted for filing of a peti- final administrative decision within tion for relief, the Director shall pro- which to make full payment of the pen- ceed to make an assessment of a civil alty assessed. Payment will be timely penalty, taking into consideration in- only if received in Office of the Direc- formation available to him and such tor during normal business hours, on or showing as may have been made by the before the 20th day. Upon a failure to respondent, either pursuant to § 11.11 or pay the penalty, the Solicitor of the § 11.12, or upon further request of the Department may request the Attorney Director. General to institute a civil action in the U.S. District Court to collect the § 11.14 Notice of assessment. penalty. The Director shall notify the respondent by a written notice of assessment, by personal service or by reg-

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Subpart C—Hearing and Appeal The judge will render a written deci- Procedures sion upon the record, which shall set forth his findings of fact and conclu- § 11.21 Commencement of hearing pro- sions of law, and the reasons and basis cedures. therefor, and an assessment of a pen- Proceedings under this subpart are alty, if any. commenced upon the timely filing with § 11.24 Final administrative action. the Hearings Division of a request for a hearing, as provided in § 11.15 of sub- Unless a notice of request for an ap- part B. Upon receipt of a request for a peal is filed in accordance with § 11.25 hearing, the Hearings Division will as- of this subpart C, the administrative sign an administrative law judge to the law judge’s decision shall constitute case. Notice of assignment will be the final administrative determination given promptly to the parties, and of the Secretary in the matter and thereafter, all pleadings, papers, and shall become effective 30 calendar days other documents in the proceeding from the date of the decision. shall be filed directly with the administrative law judge, with copies served § 11.25 Appeal. on the opposing party. (a) Either the respondent or the Di- rector may seek an appeal from the de- § 11.22 Appearance and practice. cision of an administrative law judge (a) Subject to the provisions of 43 rendered subsequent to January 1, 1974, CFR 1.3, the respondent may appear in by the filing of a ‘‘Notice of Request person, by representative, or by coun- for Appeal’’ with the Director, Office of sel, and may participate fully in these Hearings and Appeals, U.S. Department proceedings. of the Interior, 351 South West Temple, (b) Department counsel designated by Suite 6.300, Salt Lake City, Utah 84101, the Solicitor of the Department shall within 30 calendar days of the date of represent the Director in these pro- the administrative law judge’s deci- ceedings. Upon notice to the Director sion. Such notice shall be accompanied of the assignment of an administrative by proof of service on the administra- law judge to the case, said counsel tive law judge and the opposing party. shall enter his appearance on behalf of (b) Upon receipt of such a request, the Director and shall file all petitions the Director, Office of Hearings and and correspondence exchanged by the Appeals, shall appoint an ad hoc ap- Director and the respondent pursuant peals board to determine whether an to subpart B of this part, which shall appeal should be granted, and to hear become part of the hearing record. and decide an appeal. To the extent Thereinafter, service upon the Director they are not inconsistent herewith, the in these proceedings shall be made to provisions of subpart G of the Depart- his counsel. ment Hearings and Appeals Procedures in 43 CFR part 4 shall apply to appeal § 11.23 Hearings. proceedings under this subpart. The de- (a) The administrative law judge termination of the board to grant or shall have all powers accorded by law deny an appeal, as well as its decision and necessary to preside over the par- on the merits of an appeal, shall be in ties and the proceedings and to make writing and become effective as the decisions in accordance with 5 U.S.C. final administrative determination of 554–557. Failure to appear at the time the Secretary in the proceeding on the set for hearing shall be deemed a waiv- date it is rendered, unless otherwise er of the right to a hearing and consent specified therein. to the making of a decision on the [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,

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1970, may be obtained by letter of re- (ii) Has a maximum amount provided quest addressed to the Director, Office for by Federal law; of Hearings and Appeals, U.S. Depart- (2) Is assessed or enforced by an agen- ment of the Interior, 351 South West cy pursuant to Federal law; and Temple, Suite 6.300, Salt Lake City, (3) Is assessed or enforced pursuant Utah 84101. Fees for this service shall to an administrative proceeding or a be as established by the Director of civil action in the Federal courts. that Office. (b) Inflation Adjustment Act means the [81 FR 41865, June 28, 2016] Federal Civil Penalties Inflation Ad- justment Act Improvements Act of 2015 Subpart D—Civil Monetary Penalty (Pub. L. 114–74, November 2, 2015, 129 Inflation Adjustments Stat. 584, 28 U.S.C. 2461 note). § 11.32 Purpose and scope. SOURCE: 81 FR 41865, June 28, 2016, unless otherwise noted. The purpose of this part is to make the inflation adjustment, described in § 11.31 Definitions. and required by the Inflation Adjust- (a) Civil monetary penalty means any ment Act, of each civil monetary pen- penalty, fine, or other sanction that: alty provided by law within the juris- (1)(i) Is for a specific monetary diction of the U.S. Fish and Wildlife amount as provided by Federal law; or 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 ...... $10,705 Act. (b) Bald and Golden Eagle Pro- 16 U.S.C. 668(b) ...... Any violation ...... 13,525 tection Act. (c) Endangered Species Act of 16 U.S.C. 1540(a)(1) ...... (1) Knowing violation of section 53,524 1973. 1538. (2) Other knowing violation ...... 25,691 (3) Any other violation ...... 1,352 (d) Lacey Act Amendments of 16 U.S.C. 3373(a) ...... (1) Violations referred to in 16 27,051 1981. U.S.C. 3373(a)(1). (2) Violations referred to in 16 676 U.S.C. 3373(a)(2). (e) Marine Mammal Protection Act 16 U.S.C. 1375 ...... Any violation ...... 27,051 of 1972. (f) Recreational Hunting Safety 16 U.S.C. 5202(b) ...... (1) Violation involving use of force 17,213 Act of 1994. or violence or threatened use of force or violence. (2) Any other violation ...... 8,606 (g) Rhinoceros and Tiger Con- 16 U.S.C. 5305a(b)(2) ...... Any violation ...... 18,830 servation Act of 1998. (h) Wild Bird Conservation Act ..... 16 U.S.C. 4912(a)(1) ...... (1) Violation of section 4910(a)(1), 45,371 section 4910(a)(2), or any permit issued under section 4911. (2) Violation of section 4910(a)(3) 21,777 (3) Any other violation ...... 908

[81 FR 41865, June 28, 2016, as amended at 82 § 11.34 Subsequent adjustments. FR 6308, Jan. 19, 2017; 83 FR 5951, Feb. 12, 2018; 84 FR 15526, Apr. 16, 2019; 85 FR 10311, The Secretary of the Interior or his Feb. 24, 2020] or her designee will, every year after August 1, 2016, make the inflation adjustment described in and required by the Inflation Adjustment Act of each

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civil monetary penalty provided by law 1956 [Airborne Hunting Amendments], 16 and within the jurisdiction of the U.S. U.S.C. 742j–l(d)–(f); Black Bass Act, 16 U.S.C. Fish and Wildlife Service. Each annual 852d–853; Marine Mammal Protection Act of adjustment will be reflected in the 1972, 16 U.S.C. 1375–1377, 1382; Endangered Species Act of 1973, 16 U.S.C. 1540; Lacey Act, table in § 11.33. 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073–1080, 16 U.S.C. 3371 et seq.; PART 12—SEIZURE AND FORFEITURE Tariff Act of 1930, 19 U.S.C. 1602–1624; Fish PROCEDURES and Wildlife Improvement Act of 1978, 16 U.S.C. 742l; Exotic Organisms, E.O. 11987, 42 FR 26949; American Indian Religious Free- Subpart A—General Provisions dom Act, 42 U.S.C. 1996.

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

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

AUTHORITY: Act of September 6, 1966, 5 § 12.3 Definitions. U.S.C. 301; Bald and Golden Eagles Protec- (a) As used in this part: tion Act, 16, U.S.C. 668–668b; National Wild- (1) Attorney General means the Attor- life Refuge System Administration Act, 16 U.S.C. 668dd(e)–(f); Migratory Bird Treaty ney General of the United States or an Act, 16 U.S.C. 704, 706–707, 712; Migratory authorized representative; Bird Hunting and Conservation Stamp Act, (2) Disposal includes, but is not lim- 16 U.S.C. 718f–718g; Fish and Wildlife Act of ited to, remission, return to the wild,

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use by the Service or transfer to another property or arrange for its proper other government agency for official handling and care. use, donation or loan, sale, or destruction. § 12.6 Bonded release. (3) Domestic value means the price at (a) Subject to the conditions set which the seized property or similar forth in paragraphs (b) and (c) of this property is freely offered for sale at the section, and to such additional condi- time and place of appraisement, in the tions as may be appropriate, the Serv- same quantity or quantities as seized, ice, in its discretion, may accept an ap- and in the oridinary course of trade. If pearance bond or other security (in- there is no market for the seized prop- cluding, but not limited to, payment of erty at the place of appraisement, such the value as determined under § 12.12) value in the principal market nearest in place of any property seized under to the place of appraisement shall be the Endangered Species Act, 16 U.S.C. reported. 1531 et seq.; Marine Mammal Protection (4) Solicitor means the Solicitor of the Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 Department of the Interior or an au- U.S.C. 43; Lacey Act Amendments of thorized representative. 1981, 16 U.S.C. 3371 et seq.; Airborne (b) The definitions of paragraph (a) of Hunting Act, 16 U.S.C. 742j–1; or Eagle this section are in addition to, and not Protection Act, 16 U.S.C. 668 et seq. in lieu of, those contained in §§ 1.1 (b) Property may be released under through 1.8 and 10.12 of this title. this section only to the owner or con- [45 FR 17864, Mar. 19, 1980, as amended at 47 signee. FR 17525, Apr. 23, 1982] (c) Property may be released under this section only if possession thereof § 12.4 Filing of documents. will not violate or frustrate the pur- (a) Whenever any document is re- pose or policy of any applicable law or quired by this part to be filed or served regulation. within a certain period of time, such document will be considered filed or [45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 FR 56860, Dec. 21, served as of the date of receipt by the 1982] party with or upon whom filing or service is required. The time periods established by this part shall begin to run Subpart B—Preliminary on the day following the date of filing Requirements or service. (b) If an oral or written application is § 12.11 Notification of seizure. made before the expiration of a time Except where the owner or consignee period established by this part, an ex- is personally notified or seizure is tension of such period for a fixed num- made pursuant to a search warrant, the ber of days may be granted where there Service shall, as soon as practicable are reasonable grounds for the failure following the seizure or other receipt of to file or serve the document within seized wildlife or other property, mail the period required. Any such exten- a notification of seizure by registered sion shall be in writing. Except as pro- or certified mail, return receipt re- vided in this paragraph, no other requested, to the owner or consignee, if quests for an extension shall be grant- known or easily ascertainable. Such ed. notification shall describe the seized wildlife or other property, and shall § 12.5 Seizure by other agencies. state the time, place, and reason for Any authorized employee or officer of the seizure. any other Federal agency who has seized any wildlife or other property § 12.12 Appraisement. under any of the laws listed in § 12.2 The Service shall determine the will, if so requested, deliver such sei- value of any cargo, of a vessel or other zure to the appropriate Special Agent conveyance employed in unlawful tak- in Charge designated in § 10.22 of this ing, seized under the Marine Mammal title, or to an authorized designee, who Protection Act, 16 U.S.C. 1361 et seq., shall either hold such seized wildlife or and the value of any property seized

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

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and under which the property is sub- feiture proceedings in U.S. District ject to forfeiture. The notice shall Court. state that any person desiring to claim (4) Motion for stay. Upon issuance of the property must file a claim and a the notice of proposed forfeiture, any bond in accordance with paragraph person claiming the seized property (b)(2) of this section, and shall state may file with the Solicitor’s regional that if a proper claim and bond are not or field office indicated in the notice a received by the proper office within the motion to stay administrative for- time prescribed by such paragraph, the feiture proceedings. Any motion for property will be declared forfeited to stay must be filed within 30 days after the United States and disposed of ac- the date of first publication or posting cording to law. The notice shall also of the notice of the proposed forfeiture. advise interested persons of their right Each motion must contain: to file a petition for remission of for- (i) The claimant’s verified statement feiture in accordance with § 12.24. showing that he or she holds absolute, (2) Filing a claim and bond. Upon fee simple title to the seized property, issuance of the notice of proposed for- free and clear of all liens, encum- feiture, any person claiming the seized brances, security interests, or other property may file with the Solicitor’s third-party interests, contingent or office indicated in the notice a claim to vested; and (ii) the claimant’s offer to the property and a bond in the penal pay in advance all reasonable costs an- sum of $5,000, or ten per centum of the ticipated to be incurred in the storage, value of the claimed property, which- care, and maintenance of the seized ever is lower, but not less than $250. property for which administrative for- Any claim and bond must be received feiture is sought. Where a stay of ad- in such office within 30 days after the ministrative forfeiture proceedings date of first publication or posting of would not injure or impair the rights of the notice of proposed forfeiture. The any third parties and where the claim- claim shall state the claimant’s inter- ant has agreed to pay in advance an- est in the property. The bond filed with ticipated, reasonable storage costs as- the claim shall be on a United States sociated with the granting of a stay, Customs Form 4615 or on a similar the Regional or Field Solicitor as ap- form provided by the Department. propriate may, in his discretion, grant There shall be endorsed on the bond a the motion for stay and specify reason- list or schedule in substantially the able and prudent conditions therefor, following form which shall be signed by including but not limited to the dura- the claimant in the presence of the wit- tion of the stay, a description of the nesses to the bond, and attested by the factors which would automatically ter- witnesses: minate the stay, and any requirement for a bond (including amount) to secure List or schedule containing a particular the payment of storage and other description of seized article, claim for which is covered by the within bond, to wit: maintenance costs. If a motion for stay llllllllllllllllllllllll is denied, or if a stay is terminated for llllllllllllllllllllllll any reason, the claimant must file, if The foregoing list is correct. he or she has not already done so, a Claimant llllllllll claim and bond in accordance with Attest: llllllllll paragraph (b)(2) of this section not later than 30 days after receipt of the The claim and bond referred to in this Solicitor’s Office denial or termination paragraph shall not entitle the claim- order. Failure to file the claim and ant or any other person to possession bond within 30 days will result in sum- of the property. mary foreiture under paragraph (c) of (3) Transmittal to Attorney General. As this section. soon as practicable after timely receipt (c) Summary forfeiture. If a proper by the proper office of a proper claim claim and bond are not received by the and bond in accordance with paragraph proper office within 30 days as specified (b)(2) of this section, the Solicitor shall in paragraph (b)(2) of this section, the transmit such claim and bond to the Solicitor shall declare the property for- Attorney General for institution of forfeited. The declaration of forfeiture

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

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seq.; Lacey Act, 18 U.S.C. 43; Lacey Act wildlife or plant under the laws or reg- Amendments of 1981, 16 U.S.C. 3371 et ulations of the United States or any seq.; Eagle Protection Act, 16 U.S.C. 668 State, including any applicable con- et seq.; or Marine Mammal Protection servation, health, quarantine, agricul- Act, 16 U.S.C. 1361 et seq., may be given tural, or Customs laws or regulations an opportunity to completely or par- remain in effect as to the conduct of tially settle the civil penalty claim by such holder. transferring to the United States all right, title, and interest in any wildlife § 12.33 Disposal. or plants that are subject to forfeiture. (a) The Director shall dispose of any Such transfer may be accomplished by wildlife or plant forfeited or abandoned the owner’s execution and return of a under the authority of this part, sub- U.S. Customs Form 4607 or a similar ject to the restrictions provided in this compromise transfer of property in- subpart, by one of the following means, strument provided by the Department. unless the item is the subject of a petition for remission of forfeiture under [47 FR 56861, Dec. 21, 1982] § 12.24 of this part, or disposed of by court order: Subpart D—Disposal of Forfeited (1) Return to the wild; or Abandoned Property (2) Use by the Service or transfer to another government agency for official SOURCE: 47 FR 17525, Apr. 23, 1982, unless use; otherwise noted. (3) Donation or loan; (4) Sale; or § 12.30 Purpose. (5) Destruction. Upon forfeiture or abandonment of In the exercise of the disposal author- any property to the United States ity, the Director ordinarily must dis- under this part the Director shall dispose of any wildlife or plant in the pose of such property under the provi- order in which the disposal methods sions of this subpart D. appear in this paragraph (a) of this section. § 12.31 Accountability. (b) The Director shall dispose of any All property forfeited or abandoned other property forfeited or abandoned under this part must be accounted for under the authority of this part (in- in official records. These records must cluding vehicles, vessels, aircraft, include the following information: cargo, guns, nets, traps, and other (a) A description of the item. equipment), except wildlife or plants, (b) The date and place of the item’s in accordance with current Federal seizure (if any) and forfeiture or aban- Property Management Regulations (41 donment. CFR chapter 101) and Interior Property (c) The investigative case file number Management Regulations (41 CFR with which the item was associated. chapter 114), unless the item is the sub- (d) The name of any person known to ject of a petition for remission of for- have or to have had an interest in the feiture under § 12.24 of this part, or dis- item. posed of by court order. (e) The date, place, and manner of (c) The Director shall dispose of prop- the item’s initial disposal. erty according to the following sched- (f) Name of the official responsible ule, unless the property is the subject for the initial disposal. of a petition for remission of forfeiture (g) Domestic value of the property. under § 12.24 of this part: (1) Any live wildlife or plant and any § 12.32 Effect of prior illegality. wildlife or plant that the Director de- The effect of any prior illegality on a termines is liable to perish, deterio- subsequent holder of any wildlife or rate, decay, waste, or greatly decrease plant disposed of or subject to disposal in value by keeping, or that the ex- is terminated upon forfeiture or aban- pense of keeping is disproportionate to donment, but the prohibitions, restric- its value may be disposed of imme- tions, conditions, or requirements diately after forfeiture or abandon- which apply to a particular species of ment; and

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

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or plant imposed by the laws or regula- which at the time it is to be sold or of- tions of the United States or any fered for sale falls into one of the fol- State, including any applicable health, lowing categories: quarantine, agricultural, or Customs (1) Listed in § 10.13 of this title as a laws or regulations. migratory bird protected by the Migra- (6) Any attempt by a donee to re- tory Bird Treaty Act (16 U.S.C. 703–712); transfer the donation during the time (2) Protected under the Eagle Protec- period specified in the transfer docu- tion Act (16 U.S.C. 668–668d); ment within which the donee may not (3) Listed in § 23.33 of this title as retransfer the donation without the ‘‘Appendix I’’ under the Convention on prior authorization of the Director en- International Trade in Endangered titles the Director to immediate repos- Species of Wild Fauna and Flora; session of the wildlife or plants; (4) Listed in § 17.11 of this title as (7) Any attempt by a borrower to re- ‘‘endangered’’ or ‘‘threatened’’ under transfer the loan without the prior au- the Endangered Species Act of 1973 (16 thorization of the Director entitles the U.S.C. 1533), unless the item or species Director to immediate repossession of may be lawfully traded in interstate the wildlife or plants; commerce; and (8) Subject to applicable limitations (5) Protected under the Marine Mam- of law, duly authorized Service officers mal Protection Act (16 U.S.C. 1361– at all reasonable times shall, upon no- 1407), unless the item or species may be tice, be afforded access to the place lawfully traded in interstate com- where the donation or loan is kept and merce. an opportunity to inspect it; (b) Wildlife and plants must be sold (9) Any donation is subject to condi- in accordance with current Federal tions specified in the transfer docu- Property Management Regulations (41 ment, the violation of which causes the CFR chapter 101) and Interior Property property to revert to the United Management Regulations (41 CFR States; chapter 114) or U.S. Customs laws and (10) Any loan is for an indefinite pe- regulations, except the Director may riod of time unless a date on which the sell any wildlife or plant immediately loan must be returned to the Service is for its fair market value if the Director stated on the transfer document; and determines that it is liable to perish, (11) Any loan remains the property of deteriorate, decay, waste, or greatly the United States, and the Director decrease in value by keeping, or that may demand its return at any time. the expense of keeping it is dispropor- (c) Wildlife and plants may be do- tionate to its value. nated to individual American Indians (c) Wildlife or plants which may not for the practice of traditional Amer- be possessed lawfully by purchasers ican Indian religions. Any donation of under the laws of the State where held the parts of bald or golden eagles to may be moved to a State where posses- American Indians may only be made to sion is lawful and may be sold. individuals authorized by permit issued (d) Wildlife or plants purchased at in accordance with § 22.22 of this title sale are subject to the prohibitions, re- to possess such items. strictions, conditions, or requirements (d) Edible wildlife, fit for human con- which apply to a particular species of sumption, may be donated to a non- wildlife or plant imposed by the laws or profit, tax-exempt charitable organiza- regulations of the United States or any tion for use as food, but not for barter State, including any applicable con- or sale. servation, health, quarantine, agricul- (e) Wildlife and plants may be loaned tural, or Customs laws or regulations, to government agencies (including for- except as provided by § 12.32 of this eign agencies) for official use. Each part. transfer and the terms of the transfer (e) The Director may use the pro- must be documented. ceeds of sale to reimburse the Service for any costs which by law the Service § 12.37 Sale. is authorized to recover or to pay any (a) Wildlife and plants may be sold or rewards which by law may be paid from offered for sale, except any species sums the Service receives.

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

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notification denying the original peti- signee, the Solicitor or Service shall tion. issue a letter or other document authorizing its return. This letter or [45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982] other document shall be delivered personally or sent by registered or cer- § 12.42 Recovery of certain storage tified mail, return receipt requested, costs. and shall identify the owner or con- If any wildlife, plant, or evidentiary signee, the seized property, and, if ap- item is seized and forfeited under the propriate, the bailee of the seized prop- Endangered Species Act, 16 U.S.C. 1531 erty. It shall also provide that upon et seq., any person whose act or omis- presentation of the letter or other doc- sion was the basis for the seizure may ument and proper identification, and be charged a reasonable fee for ex- the signing of a receipt provided by the penses to the United States connected Service, the seized property is author- with the transfer, board, handling, or ized to be released, provided it is prop- storage of such property. If any fish, erly marked in accordance with appli- wildlife or plant is seized in connection cable State or Federal requirements. with a violation of the Lacey Act Amendments of 1981, 16 U.S.C. 3371, et PART 13—GENERAL PERMIT seq., any person convicted thereof, or PROCEDURES assessed a civil penalty therefor, may be assessed a reasonable fee for ex- Subpart A—Introduction penses of the United States connected with the storage, care and maintenance Sec. 13.1 General. of such property. Within a reasonable 13.2 Purpose of regulations. time after forfeiture, the Service shall 13.3 Scope of regulations. send to such person by registered or 13.4 Emergency variation from require- certified mail, return receipt re- ments. quested, a bill for such fee. The bill 13.5 Information collection requirements. shall contain an itemized statement of the applicable costs, together with in- Subpart B—Application for Permits structions on the time and manner of 13.11 Application procedures. payment. Payment shall be made in ac- 13.12 General information requirements on cordance with the bill. The recipient of applications for permits. any assessment of costs under this section who has an objection to the rea- Subpart C—Permit Administration sonableness of the costs described in 13.21 Issuance of permits. the bill may, within 30 days of the date 13.22 Renewal of permits. on which he received the bill, file writ- 13.23 Amendment of permits. ten objections with the Regional Direc- 13.24 Right of succession by certain persons. tor of the Fish and Wildlife Service for 13.25 Transfer of permits and scope of per- the Region in which the seizure oc- mit authorization. curred. Upon receipt of the written ob- 13.26 Discontinuance of permit activity. 13.27 Permit suspension. jections, the appropriate Regional Di- 13.28 Permit revocation. rector will promptly review them and 13.29 Review procedures. within 30 days mail his final decision to the party who filed objections. In all Subpart D—Conditions cases, the Regional Director’s decision 13.41 Humane conditions. shall constitute final administrative 13.42 Permits are specific. action on the matter. 13.43 Alteration of permits. [47 FR 56861, Dec. 21, 1982] 13.44 Display of permit. 13.45 Filing of reports. 13.46 Maintenance of records. Subpart F—Return of Property 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. § 12.51 Return procedure. 13.49 Surrender of permit. If, at the conclusion of the appro- 13.50 Acceptance of liability. priate proceedings, seized property is AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, to be returned to the owner or con- 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901–

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4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. document as the context may require, 9701. and to all such documents issued by SOURCE: 39 FR 1161, Jan. 4, 1974, unless oth- the Service or other authorized U.S. or erwise noted. foreign government agencies. [70 FR 18317, Apr. 11, 2005, as amended at 79 Subpart A—Introduction FR 30417, May 27, 2014] § 13.1 General. § 13.4 Emergency variation from re- (a) A person must obtain a valid per- quirements. mit before commencing an activity for The Director may approve variations which a permit is required by this sub- from the requirements of this part chapter, except as provided in § 23.53 of this subchapter for retrospective per- when he finds that an emergency exists mits for certain CITES shipments and that the proposed variations will under very specific situations. not hinder effective administration of (b) A person must apply for such a this subchapter B, and will not be un- permit under the general permit proce- lawful. dures of this part and any other regulations in this subchapter that apply to § 13.5 Information collection requirements. the proposed activity. (1) The requirements of all applicable (a) The Office of Management and parts of this subchapter must be met. Budget approved the information col- (2) A person may submit one applica- lection requirements contained in this tion that includes the information re- part 13 under 44 U.S.C. and assigned quired in each part of this subchapter, OMB Control Number 1018–0092. The and a single permit will be issued if ap- Service may not conduct or sponsor, propriate. and you are not required to respond, to [72 FR 48445, Aug. 23, 2007] a collection of information unless it displays a currently valid OMB control § 13.2 Purpose of regulations. number. We are collecting this infor- The regulations contained in this mation to provide information nec- part provide uniform rules, conditions, essary to evaluate permit applications. and procedures for the application for We will use this information to review and the issuance, denial, suspension, permit applications and make deci- revocation, and general administration sions, according to criteria established of all permits issued pursuant to this in various Federal wildlife conserva- subchapter B. tion statutes and regulations, on the issuance, suspension, revocation, or de- [54 FR 38147, Sept. 14, 1989] nial permits. You must respond to obtain or retain a permit. § 13.3 Scope of regulations. (b) We estimate the public reporting The provisions in this part are in ad- burden for these reporting require- dition to, and are not in lieu of, other ments to vary from 15 minutes to 4 permit regulations of this subchapter hours per response, with an average of and apply to all permits issued there- 0.803 hours per response, including time under, including ‘‘Importation, Expor- for reviewing instructions, gathering tation and Transportation of Wildlife’’ and maintaining data, and completing (part 14), ‘‘Wild Bird Conservation Act’’ and reviewing the forms. Direct com- (part 15), ‘‘Injurious Wildlife’’ (part 16), ments regarding the burden estimate ‘‘Endangered and Threatened Wildlife or any other aspect of these reporting and Plants’’ (part 17), ‘‘Marine Mam- requirements to the Service Informa- mals’’ (part 18), ‘‘Migratory Bird Per- tion Collection Control Officer, MS–222 mits’’ (part 21), ‘‘Eagle Permits’’ (part ARLSQ, U.S. Fish and Wildlife Service, 22), and ‘‘ Convention on International Washington, DC 20240, or the Office of Trade in Endangered Species of Wild Management and Budget, Paperwork Fauna and Flora (CITES)’’ (part 23). As Reduction Project (1018–0092), Wash- used in this part 13, the term ‘‘permit’’ ington, DC 20603. will refer to a license, permit, certificate, letter of authorization, or other [63 FR 52634, Oct. 1, 1998]

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Subpart B—Application for Permits (4) You may obtain Endangered Spe- cies Act permit applications (50 CFR § 13.11 Application procedures. 17) for activities involving native en- The Service may not issue a permit dangered and threatened species, infor any activity authorized by this sub- cluding incidental take, scientific pur- chapter B unless you have filed an ap- poses, enhancement of propagation or plication under the following proce- survival (i.e., recovery), and enhance- dures: ment of survival by writing to the Re- gional Director (Attention: Endangered (a) Forms. Applications must be sub- Species Permits) of the Region where mitted in writing on a Federal Fish and Wildlife License/Permit Applica- the activity is to take place (see 50 tion (Form 3–200) or as otherwise spe- CFR 2.2 or the Service Web site, http:// cifically directed by the Service. www.fws.gov, for addresses and boundaries of the Regions). Submit com- (b) Forwarding instructions. Applica- tions for permits in the following cat- pleted applications to the same address egories should be forwarded to the (the Regional office covering the area issuing office indicated below. where the activity will take place). Permit applications for interstate com- (1) You may obtain applications for migratory bird banding permits (50 merce for native endangered and CFR 21.22) by writing to: Bird Banding threatened species should be obtained Laboratory, USGS Patuxent Wildlife by writing to the Regional Director Research Center, 12100 Beech Forest (Attention: Endangered Species Per- Road, Laurel, Maryland 20708–4037. mits) of the Region that has the lead Submit completed permit applications for the particular species, rather than to the same address. the Region where the activity will take (2) You may obtain applications for place. You can obtain information on designated port exception permits and the lead Region via the Service’s En- import/export licenses (50 CFR 14) by dangered Species Program Web page writing to the Special Agent in Charge (http://endangered.fws.gov/wildlife.html) (SAC) of the Region in which you re- by entering the common or scientific side (see 50 CFR 2.2 or the Service Web name of the listed species in the Regu- site, http://www.fws.gov, for addresses latory Profile query box. Send inter- and boundaries of the Regions). Submit state commerce permit applications for completed permit applications to the native listed species to the same Re- same address. gional Office that has the lead for that (3) You may obtain applications for species. Endangered Species Act permit Wild Bird Conservation Act permits (50 applications for the import or export of CFR part 15); injurious wildlife permits native endangered and threatened spe- (50 CFR part 16); captive-bred wildlife cies may be obtained from the Division registrations (50 CFR part 17); permits of Management Authority in accord- authorizing import, export, or foreign ance with paragraph (b)(3) of this sec- commerce of endangered and threat- tion. ened species, and interstate commerce (5) You may obtain applications for of nonnative endangered or threatened bald and golden eagle permits (50 CFR species (50 CFR part 17); marine mam- part 22) and migratory bird permits (50 mal permits (50 CFR part 18); and per- CFR part 21), except for banding and mits and certificates for import, ex- marking permits, from, and you may port, and re-export of species listed submit completed applications to, the under the Convention on International ‘‘Migratory Bird Permit Program Of- Trade in Endangered Species of Wild fice’’ in the Region in which you reside. Fauna and Flora (CITES) (50 CFR part For addresses of the regional offices, 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

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request. You should ensure that appli- for an activity and the permits are cations for permits for marine mam- issued by the same office, the issuing mals and/or endangered and threatened office may issue one consolidated per- species are postmarked at least 90 cal- mit authorizing the activity in accord- endar days prior to the requested effec- ance with § 13.1. You may submit a sin- tive date. The time we require for proc- gle application in such cases, provided essing of endangered and threatened that the single application contains all species incidental take permits will the information required by the sepa- vary according to the project scope and rate applications for each permitted significance of effects. Submit applica- activity. Where more than one per- tions for all other permits to the mitted activity is consolidated into issuing/reviewing office and ensure one permit, the issuing office will they are postmarked at least 60 cal- charge the highest single fee for the ac- endar days prior to the requested effec- tivity permitted. tive date. Our processing time may be (3) Circumstances under which we increased by the procedural require- will not charge a permit application ments of the National Environmental fee are as follows: Policy Act (NEPA), the requirement to (i) We will not charge a permit appli- publish a notice in the FEDERAL REG- cation fee to any Federal, tribal, State, ISTER requesting a 30-day public com- or local government agency or to any ment period when we receive certain individual or institution acting on be- types of permit applications, and/or the half of such agency. Except as other- time required for extensive consulta- wise authorized or waived, if you fail to tion within the Service, with other submit evidence of such status with Federal agencies, and/or State or for- your application, we will require the eign governments. When applicable, we submission of all processing fees prior may require permit applicants to pro- to the acceptance of the application for vide additional information on the pro- processing. posal and on its environmental effects as may be necessary to satisfy the pro- (ii) As noted in paragraph (d)(4) of cedural requirements of NEPA. this section. (d) Fees. (1) Unless otherwise exempt- (iii) We may waive the fee on a case- ed under this paragraph (d), you must by-case basis for extraordinary extenu- pay the required permit processing fee ating circumstances provided that the at the time that you apply for issuance issuing permit office and a Regional or or amendment of a permit. You must Assistant Director approves the waiv- pay in U.S. dollars. If you submit a er. check or money order, it must be made (4) User fees. The following table iden- payable to the ‘‘U.S. Fish and Wildlife tifies specific fees for each permit ap- Service.’’ The Service will not refund plication or amendment to a current any application fee under any cir- permit. If no fee is identified under the cumstances if we have processed the Amendment Fee column, this par- application. However, we may return ticular permit either cannot be amend- the application fee if you withdraw the ed and a new application, and applica- application before we have signifi- tion fee, would need to be submitted or cantly processed it. no fee will be charged for amending the (2) If regulations in this subchapter permit (please contact the issuing of- require more than one type of permit 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.

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

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 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

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

—Transport Authorization for Injurious Wildlife ...... 50 CFR part 16 ...... 25.

Wild Bird Conservation Act (WBCA)

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

Marine Mammal Protection Act

Marine Mammal Public Display ...... 50 CFR part 18 ...... 300 ...... 150 Marine Mammal Scientific Research/Enhancement/ 50 CFR part 18 ...... 150 ...... 75 Registered Agent or Tannery. —Renewal of Marine Mammal Scientific Research/ 50 CFR part 18 ...... 75 ...... Enhancement/Registered Agent or Tannery. 1 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- tion abandoned. We will not refund any stantive amendments made to permits fees for an abandoned application. within the time period that the permit [70 FR 18317, Apr. 11, 2005, as amended at 72 is still valid. The fee is generally half FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, the original fee assessed at the time 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, that the permit is processed; see para- Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR graph (d)(4) of this section for the exact 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; 79 FR 43964, July 29, 2014; 81 FR 8002, Feb. 17, amount. Substantive amendments are 2016; 82 FR 41177, Aug. 30, 2017] those that pertain to the purpose and conditions of the permit and are not § 13.12 General information require- purely administrative. Administrative ments on applications for permits. changes, such as updating name and (a) General information required for all address information, are required applications. All applications must con- under 13.23(c), and we will not charge a tain the following information: fee for such amendments. (1) Applicant’s full name and address (6) Except as specifically noted in (street address, city, county, state, and paragraph (d)(4) of this section, a per- zip code; and mailing address if dif- mit renewal is an issuance of a new ferent from street address); home and permit, and applicants for permit re- work telephone numbers; and, if avail- newal must pay the appropriate fee able, a fax number and e-mail address, listed in paragraph (d)(4) of this sec- and: (i) If the applicant resides or is lo- tion. cated outside the United States, an ad- (e) Abandoned or incomplete applica- dress in the United States, and, if con- tions. If we receive an incomplete or ducting commercial activities, the improperly executed application, or if name and address of his or her agent you do not submit the proper fees, the that is located in the United States; issuing office will notify you of the de- and ficiency. If you fail to supply the cor- (ii) If the applicant is an individual, rect information to complete the appli- the date of birth, social security num- cation or to pay the required fees with- ber, if available, occupation, and any in 45 calendar days of the date of noti- business, agency, organizational, or in- fication, we will consider the applica- stitutional affiliation associated with the wildlife or plants to be covered by the license or permit; or

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(iii) If the applicant is a business, graph (a)(3) of this section, certain ad- corporation, public agency, or institu- ditional information is required on all tion, the tax identification number; de- permit applications. For CITES permit scription of the type of business, cor- applications, see part 23 of this sub- poration, agency, or institution; and chapter. Additional information re- the name and title of the person required on applications for other types sponsible for the permit (such as presi- of permits may be found by referring to dent, principal officer, or director); the sections of this subchapter cited in (2) Location where the requested per- the following table: mitted activity is to occur or be conducted; Type of permit Section (3) Reference to the part(s) and sec- Importation at nondesignated ports: tion(s) of this subchapter B as listed in Scientific ...... 14.31 paragraph (b) of this section under Deterioration prevention ...... 14.32 which the application is made for a Economic hardship ...... 14.33 permit or permits, together with any Marking of package or container: additional justification, including sup- Symbol marking ...... 14.83 Import/export license ...... 14.93 porting documentation as required by Feather import quota: Importation or entry ...... 15.21 the referenced part(s) and section(s); Injurious wildlife: Importation or shipment ...... 16.22 (4) If the requested permitted activ- Endangered wildlife and plant permits: ity involves the import or re-export of Similarity of appearance ...... 17.52 wildlife or plants from or to any for- Scientific, enhancement of propagation or survival, incidental taking for wildlife ...... 17.22 eign country, and the country of ori- Scientific, propagation, or survival for plants 17.62 gin, or the country of export or re-ex- Economic hardship for wildlife ...... 17.23 port restricts the taking, possession, Economic hardship for plants ...... 17.63 transportation, exportation, or sale of Threatened wildlife and plant permits: wildlife or plants, documentation as in- Similarity of appearance ...... 17.52 General for wildlife ...... 17.32 dicated in § 14.52(c) of this subchapter General for plants ...... 17.72 B; Marine mammals permits: (5) Certification in the following lan- Scientific research ...... 18.31 guage: Public display ...... 18.31 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 lations and the other applicable parts in sub- Waterfowl sale and disposal ...... 21.25 chapter B of chapter I of title 50, Code of Special aviculturist ...... 21.26 Federal Regulations, and I further certify Special purpose ...... 21.27 that the information submitted in this appli- Falconry ...... 21.28 cation for a permit is complete and accurate Raptor propagation permit ...... 21.30 to the best of my knowledge and belief. I un- Depredation control ...... 21.41 derstand that any false statement herein Eagle permits: may subject me to suspension or revocation Scientific or exhibition ...... 22.21 Indian religious use ...... 22.22 of this permit and to the criminal penalties Depredation and protection of health and of 18 U.S.C. 1001. safety ...... 22.23 (6) Desired effective date of permit Falconry purposes ...... 22.24 Take of golden eagle nests ...... 22.25 except where issuance date is fixed by Eagle take—Associated with but not the the part under which the permit is purpose of an activity ...... 22.26 issued; Eagle nest take ...... 22.27 (7) Date; Eagle take—Exempted under ESA ...... 22.28 (8) Signature of the applicant; and (9) Such other information as the Di- [39 FR 1161, Jan. 4, 1974, as amended at 42 FR rector determines relevant to the proc- 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; essing of the application, including, 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. but not limited to, information on the 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, environmental effects of the activity Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; consistent with 40 CFR 1506.5 and De- 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. partmental procedures at 516 DM 6, Ap- 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR pendix 1.3A. 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; (b) Additional information required on 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. permit applications. As stated in para- 11, 2009; 79 FR 30417, May 27, 2014]

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Subpart C—Permit Administration similar permit for a period of five years from the date of the final agency deci- § 13.21 Issuance of permits. sion on such revocation. (a) No permit may be issued prior to (3) The failure to pay any required the receipt of a written application fees or assessed costs and penalties, therefor, unless a written variation whether or not reduced to judgement from the requirements, as authorized disqualifies such person from receiving by § 13.4, is inserted into the official file or exercising the privileges of a permit of the Bureau. An oral or written rep- as long as such moneys are owed to the resentation of an employee or agent of United States. This requirement shall the United States Government, or an not apply to any civil penalty pres- action of such employee or agent, shall ently subject to administrative or judi- not be construed as a permit unless it cial appeal; provided that the pendency meets the requirements of a permit as of a collection action brought by the defined in 50 CFR 10.12. United States or its assignees shall not (b) Upon receipt of a properly exe- constitute an appeal within the mean- cuted application for a permit, the Di- ing of this subsection. rector shall issue the appropriate per- (4) The failure to submit timely, ac- mit unless: curate, or valid reports as required (1) The applicant has been assessed a may disqualify such person from re- civil penalty or convicted of any crimi- ceiving or exercising the privileges of a nal provision of any statute or regula- permit as long as the deficiency exists. tion relating to the activity for which (d) Use of supplemental information. the application is filed, if such assess- The issuing officer, in making a deter- ment or conviction evidences a lack of mination under this subsection, may responsibility. use any information available that is (2) The applicant has failed to dis- relevant to the issue. This may include close material information required, or any prior conviction, or entry of a plea has made false statements as to any of guilty or nolo contendere, or assess- material fact, in connection with his ment of civil or criminal penalty for a application; violation of any Federal or State law (3) The applicant has failed to dem- or regulation governing the permitted onstrate a valid justification for the activity. It may also include any prior permit and a showing of responsibility; permit revocations or suspensions, or (4) The authorization requested po- any reports of State or local officials. tentially threatens a wildlife or plant The issuing officer shall consider all population, or relevant facts or information available, (5) The Director finds through fur- and may make independent inquiry or ther inquiry or investigation, or other- investigation to verify information or wise, that the applicant is not quali- substantiate qualifications asserted by fied. the applicant. (c) Disqualifying factors. Any one of (e) Conditions of issuance and accept- the following will disqualify a person ance—(1) Conditions of issuance and ac- from receiving permits issued under ceptance. Any permit automatically in- this part. corporates within its terms the condi- (1) A conviction, or entry of a plea of tions and requirements of subpart D of guilty or nolo contendere, for a felony this part and of any part(s) or sec- violation of the Lacey Act, the Migra- tion(s) specifically authorizing or gov- tory Bird Treaty Act, or the Bald and erning the activity for which the per- Golden Eagle Protection Act disquali- mit is issued, as well as any other con- fies any such person from receiving or ditions deemed appropriate and in- exercising the privileges of a permit, cluded on the face of the permit at the unless such disqualification has been discretion of the Director. expressly waived by the Director in re- (2) Any person accepting and holding sponse to a written petition. a permit under this subchapter B ac- (2) The revocation of a permit for knowledges the necessity for close reg- reasons found in § 13.28 (a)(1) or (a)(2) ulation and monitoring of the per- disqualifies any such person from re- mitted activity by the Government. By ceiving or exercising the privileges of a accepting such permit, the permittee

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consents to and shall allow entry by this subchapter (because the CITES agents or employees of the Service document is void upon expiration). upon premises where the permitted ac- (d) Denial. The issuing officer may tivity is conducted at any reasonable deny renewal of a permit to any appli- hour. Service agents or employees may cant who fails to meet the issuance cri- enter such premises to inspect the lo- teria set forth in § 13.21 of this part, or cation; any books, records, or permits in the part(s) or section(s) specifically required to be kept by this subchapter governing the activity for which the B; and any wildlife or plants kept renewal is requested. under authority of the permit. [54 FR 38148, Sept. 14, 1989, as amended at 72 (f) Term of permit. Unless otherwise FR 48446, Aug. 23, 2007] modified, a permit is valid during the period specified on the face of the per- § 13.23 Amendment of permits. mit. Such period shall include the ef- (a) Permittee’s request. Where cir- fective date and the date of expiration. cumstances have changed so that a per- (g) Denial. The issuing officer may mittee desires to have any condition of deny a permit to any applicant who his permit modified, such permittee fails to meet the issuance criteria set must submit a full written justifica- forth in this section or in the part(s) or tion and supporting information in section(s) specifically governing the conformity with this part and the part activity for which the permit is re- under which the permit was issued. quested. (b) The Service reserves the right to [39 FR 1161, Jan. 4, 1974, as amended at 42 FR amend any permit for just cause at any 32377, June 24, 1977; 47 FR 30785, July 15, 1982; time during its term, upon written 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. finding of necessity, provided that any 11, 2005] such amendment of a permit issued under § 17.22(b) through (d) or § 17.32(b) § 13.22 Renewal of permits. through (d) of this subchapter shall be (a) Application for renewal. Applicants consistent with the requirements of for renewal of a permit must submit a § 17.22(b)(5), (c)(5) and (d)(5) or written application at least 30 days § 17.32(b)(5), (c)(5) and (d)(5) of this sub- prior to the expiration date of the per- chapter, respectively. mit. Applicants must certify in the (c) Change of name or address. A perform required by § 13.12(a)(5) that all mittee is not required to obtain a new statements and information in the permit if there is a change in the legal original application remain current individual or business name, or in the and correct, unless previously changed mailing address of the permittee. A or corrected. If such information is no permittee is required to notify the longer current or correct, the applicant issuing office within 10 calendar days must provide corrected information. of such change. This provision does not (b) Renewal criteria. The Service shall authorize any change in location of the issue a renewal of a permit if the appli- conduct of the permitted activity when cant meets the criteria for issuance in approval of the location is a qualifying § 13.21(b) and is not disqualified under condition of the permit. § 13.21(c). [54 FR 38148, Sept. 14, 1989, as amended at 64 (c) Continuation of permitted activity. FR 32711, June 17, 1999] Any person holding a valid, renewable permit may continue the activities au- § 13.24 Right of succession by certain thorized by the expired permit until persons. the Service acts on the application for (a) Certain persons other than the renewal if all of the following condi- permittee are authorized to carry on a tions are met: permitted activity for the remainder of (1) The permit is currently in force the term of a current permit, provided and not suspended or revoked; they comply with the provisions of (2) The person has complied with this paragraph (b) of this section. Such per- section; and sons are the following: (3) The permit is not a CITES docu- (1) The surviving spouse, child, ex- ment that was issued under part 23 of ecutor, administrator, or other legal

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representative of a deceased permittee; measures, conservation plan, or Agree- or ment, and will implement the relevant (2) A receiver or trustee in bank- terms and conditions of the permit, in- ruptcy or a court designated assignee cluding any outstanding minimization for the benefit of creditors. and mitigation requirements; and (b) In order to qualify for the author- (3) The proposed transferee has pro- ization provided in this section, the vided other information that we deter- person or persons desiring to continue mine is relevant to the processing of the activity shall furnish the permit to the submission. the issuing officer for endorsement (c) In the case of the transfer of lands within 90 days from the date the suc- subject to an agreement and permit cessor begins to carry on the activity. issued under § 17.22(c) or (d) or § 17.32 (c) (c) In the case of permits issued or (d) of this subchapter B, the Service under § 17.22(b) through (d) or § 17.32(b) will transfer the permit to the new through (d) or permits issued under owner if the new owner agrees in writ- § 22.26 of this subchapter B, the succes- ing to become a party to the original sor’s authorization under the permit is agreement and permit. also subject to our determination that: (d) Except as otherwise stated on the (1) The successor meets all of the face of the permit, any person who is qualifications under this part for hold- under the direct control of the per- ing a permit; mittee, or who is employed by or under (2) The successor has provided ade- contract to the permittee for purposes quate written assurances that it will authorized by the permit, may carry provide sufficient funding for any ap- out the activity authorized by the per- plicable conservation measures, con- mit. servation plan, or Agreement and will (e) In the case of permits issued implement the relevant terms and con- under § 17.22(b)–(d) or § 17.32(b)–(d) of ditions of the permit, including any this subchapter to a State or local gov- 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 [64 FR 32711, June 17, 1999, as amended at 64 transferee, provided we determine that: FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, (1) The proposed transferee meets all 2004; 78 FR 73725, Dec. 9, 2013] of the qualifications under this part for holding a permit; § 13.26 Discontinuance of permit activ- (2) The proposed transferee has pro- ity. vided adequate written assurances of When a permittee, or any successor sufficient funding for the conservation to a permittee as provided for by § 13.24,

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discontinues activities authorized by a (3) A decision on the suspension shall permit, the permittee shall within 30 be made within 45 days after the end of calendar days of the discontinuance re- the objection period. The issuing offi- turn the permit to the issuing office to- cer shall notify the permittee in writ- gether with a written statement sur- ing of the Service’s decision and the rendering the permit for cancellation. reasons therefore. The issuing officer The permit shall be deemed void and shall also provide the applicant with cancelled upon its receipt by the the information concerning the right issuing office. No refund of any fees to request reconsideration of the deci- paid for issuance of the permit or for sion under § 13.29 of this part and the any other fees or costs associated with procedures for requesting reconsider- a permitted activity shall be made ation. when a permit is surrendered for can- [54 FR 38149, Sept. 14, 1989] cellation for any reason prior to the expiration date stated on the face of the § 13.28 Permit revocation. permit. (a) Criteria for revocation. A permit [54 FR 38149, Sept. 14, 1989] may be revoked for any of the following reasons: § 13.27 Permit suspension. (1) The permittee willfully violates (a) Criteria for suspension. The privi- any Federal or State statute or regula- leges of exercising some or all of the tion, or any Indian tribal law or regu- permit authority may be suspended at lation, or any law or regulation of any any time if the permittee is not in foreign country, which involves a vio- compliance with the conditions of the lation of the conditions of the permit permit, or with any applicable laws or or of the laws or regulations governing regulations governing the conduct of the permitted activity; or 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

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file a written objection to the proposed eration of an action under this part action. Such objection must be in writ- must comply with the following cri- ing, must be filed within 45 calendar teria: days of the date of the notice of pro- (1) Any request for reconsideration posal, must state the reasons why the must be in writing, signed by the per- permittee objects to the proposed rev- son requesting reconsideration or by ocation, and may include supporting the legal representative of that person, documentation. and must be submitted to the issuing (3) A decision on the revocation shall officer. be made within 45 days after the end of (2) The request for reconsideration the objection period. The issuing offi- must be received by the issuing officer cer shall notify the permittee in writ- within 45 calendar days of the date of ing of the Service’s decision and the notification of the decision for which reasons therefore, together with the in- reconsideration is being requested. formation concerning the right to re- (3) The request for reconsideration quest and the procedures for requesting shall state the decision for which re- reconsideration. consideration is being requested and (4) Unless a permittee files a timely shall state the reason(s) for the recon- request for reconsideration, any wild- sideration, including presenting any life held under authority of a permit new information or facts pertinent to that is revoked must be disposed of in the issue(s) raised by the request for accordance with instructions of the reconsideration. issuing officer. If a permittee files a (4) The request for reconsideration timely request for reconsideration of a shall contain a certification in sub- proposed revocation, such permittee stantially the same form as that pro- may retain possession of any wildlife vided by § 13.12(a)(5). If a request for re- 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

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the issuing office is located, or to the § 13.43 Alteration of permits. Director for offices which report di- Permits shall not be altered, erased, rectly to the Director. An appeal must or mutilated, and any permit which be submitted within 45 days of the date has been altered, erased, or mutilated of the notification of the decision on shall immediately become invalid. Un- the request for reconsideration. The less specifically permitted on the face appeal shall state the reason(s) and thereof, no permit shall be copied, nor issue(s) upon which the appeal is based shall any copy of a permit issued pur- and may contain any additional evi- suant to this subchapter B be dis- dence or arguments to support the ap- played, offered for inspection, or other- peal. wise used for any official purpose for (f) Decision on appeal. (1) Before a de- which the permit was issued. cision is made concerning the appeal the appellant may present oral argu- § 13.44 Display of permit. ments before the Regional Director or Any permit issued under this part the Director, as appropriate, if such of- shall be displayed for inspection upon ficial judges oral arguments are nec- request to the Director or his agent, or essary to clarify issues raised in the to any other person relying upon its written record. existence. (2) The Service shall notify the appel- § 13.45 Filing of reports. lant in writing of its decision within 45 calendar days of receipt of the appeal, Permittees may be required to file unless extended for good cause and the reports of the activities conducted appellant notified of the extension. under the permit. Any such reports (3) The decision of the Regional Di- shall be filed not later than March 31 rector or the Director shall constitute for the preceding calendar year ending December 31, or any portion thereof, the final administrative decision of the during which a permit was in force, un- Department of the Interior. less the regulations of this subchapter [54 FR 38149, Sept. 14, 1989] B or the provisions of the permit set forth other reporting requirements.

Subpart D—Conditions § 13.46 Maintenance of records. § 13.41 Humane conditions. From the date of issuance of the permit, 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 im- [54 FR 38150, Sept. 14, 1989] portation of plants obtained from the wild (excluding seeds) or wildlife pursu- § 13.42 Permits are specific. ant to such permit. Such records shall The authorizations on the face of a be kept current and shall include permit that set forth specific times, names and addresses of persons with 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 transferred, and the date of such trans- plants, location of activity, and associ- action, and such other information as ated activities that must be carried may be required or appropriate. Such out; describe certain circumscribed records shall be legibly written or re- transactions; or otherwise allow a spe- producible in English and shall be cifically limited matter, are to be maintained for five years from the date strictly interpreted and will not be in- of expiration of the permit. Permittees terpreted to permit similar or related who reside or are located in the United matters outside the scope of strict con- States and permittees conducting com- struction. mercial activities in the United States who reside or are located outside the [70 FR 18320, Apr. 11, 2005] United States must maintain records

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at a location in the United States PART 14—IMPORTATION, EXPOR- where the records are available for in- TATION, AND TRANSPORTATION spection. OF WILDLIFE [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; Subpart A—Introduction 72 FR 48446, Aug. 23, 2007] Sec. § 13.47 Inspection requirement. 14.1 Purpose of regulations. 14.2 Scope of regulations. Any person holding a permit under 14.3 Information collection requirements. this subchapter B shall allow the Di- 14.4 What terms do I have to understand? rector’s agent to enter his premises at Subpart B—Importation and Exportation at any reasonable hour to inspect any Designated Ports wildlife or plant held or to inspect, audit, or copy any permits, books, or 14.11 General restrictions. records required to be kept by regula- 14.12 Designated ports. tions of this subchapter B. 14.13 Emergency diversion. 14.14 In-transit shipments. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 14.15 Personal baggage and household ef- 32377, June 24, 1977] fects. 14.16 Border ports. § 13.48 Compliance with conditions of 14.17 Personally owned pet birds. permit. 14.18 Marine mammals. 14.19 Special ports. Any person holding a permit under 14.20 Exceptions by permit. subchapter B and any person acting 14.21 Shellfish and fishery products. under authority of such permit must 14.22 Certain antique articles. comply with all conditions of the per- 14.23 Live farm-raised fish and farm-raised fish eggs. mit and with all appllicable laws and 14.24 Scientific specimens. regulations governing the permitted activity. Subpart C—Designated Port Exception Permits [54 FR 38150, Sept. 14, 1989] 14.31 Permits to import or export wildlife at § 13.49 Surrender of permit. nondesignated port for scientific pur- Any person holding a permit under poses. 14.32 Permits to import or export wildlife at subchapter B shall surrender such per- nondesignated port to minimize deterio- mit to the issuing officer upon notifi- ration or loss. cation that the permit has been sus- 14.33 Permits to import or export wildlife at pended or revoked by the Service, and nondesignated port to alleviate undue all appeal procedures have been ex- economic hardship. hausted. Subpart D [Reserved] [54 FR 38150, Sept. 14, 1989] Subpart E—Inspection and Clearance of § 13.50 Acceptance of liability. Wildlife Except as otherwise limited in the 14.51 Inspection of wildlife. case of permits described in § 13.25(d), 14.52 Clearance of imported wildlife. any person holding a permit under this 14.53 Detention and refusal of clearance. 14.54 Unavailability of Service officers. subchapter B assumes all liability and 14.55 Exceptions to clearance requirements. responsibility for the conduct of any activity conducted under the authority Subpart F—Wildlife Declarations of such permit. 14.61 Import declaration requirements. [64 FR 32711, June 17, 1999] 14.62 Exceptions to import declaration requirements. 14.63 Export declaration requirements. 14.64 Exceptions to export declaration requirements.

Subpart G [Reserved] 58

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Subpart H—Marking of Containers or Subpart K—Captive Wildlife Safety Act Packages 14.250 What is the purpose of these regula- 14.81 Marking requirement. tions? 14.82 Alternatives and exceptions to the 14.251 What other regulations may apply? marking requirement. 14.252 What definitions do I need to know? 14.253 What are the restrictions contained Subpart I—Import/Export Licenses and in these regulations? Inspection Fees 14.254 What are the requirements contained in these regulations? 14.91 When do I need an import/export li- 14.255 Are there any exemptions to the re- cense? strictions contained in these regula- 14.92 What are the exemptions to the im- tions? port/export license requirement? 14.93 How do I apply for an import/export li- AUTHORITY: 16 U.S.C. 668, 704, 712, 1382, cense? 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and 14.94 What fees apply to me? 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701; Pub. L. 115–334, 132 Stat. 4490. Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals SOURCE: 45 FR 56673, Aug. 25, 1980, unless and Birds to the United States otherwise noted. 14.101 Purposes. Subpart A—Introduction 14.102 Definitions. 14.103 Prohibitions. § 14.1 Purpose of regulations. 14.104 Translations. 14.105 Consignment to carrier. The regulations contained in this 14.106 Primary enclosures. part provide uniform rules and proce- 14.107 Conveyance. dures for the importation, exportation, 14.108 Food and water. and transportation of wildlife. 14.109 Care in transit. 14.110 Terminal facilities. § 14.2 Scope of regulations. 14.111 Handling. 14.112 Other applicable provisions. The provisions in this part are in addition to, and do not supersede other SPECIFICATIONS FOR NONHUMAN PRIMATES regulations of this subchapter B which 14.121 Primary enclosures. may require a permit or prescribe addi- 14.122 Food and water. tional restrictions or conditions for the 14.123 Care in transit. importation, exportation, and transportation of wildlife. SPECIFICATIONS FOR MARINE MAMMALS (CETACEANS, SIRENIANS, SEA OTTERS, PINNIPEDS, AND POLAR BEARS) § 14.3 Information collection requirements. 14.131 Primary enclosures. 14.132 Food and water. The Office of Management and Budg- 14.133 Care in transit. et (OMB) has approved the information collection requirements contained in SPECIFICATIONS FOR ELEPHANTS AND this part 14 under 44 U.S.C. 3507 and as- UNGULATES signed OMB Control Numbers 1018–0012, 14.141 Consignment to carrier. 1018–0092, and 1018–0129. The Service 14.142 Primary enclosures. may not conduct or sponsor and you are not required to respond to a collec- SPECIFICATIONS FOR SLOTHS, BATS, AND FLYING LEMURS (CYNOCEPHALIDAE) tion of information unless it displays a currently valid OMB control number. 14.151 Primary enclosures. You can direct comments regarding SPECIFICATIONS FOR OTHER TERRESTRIAL these information collection require- MAMMALS ments to the Service’s Information 14.161 Primary enclosures. Collection Clearance Officer at the address provided at 50 CFR 2.1(b). SPECIFICATIONS FOR BIRDS [72 FR 45946, Aug. 16, 2007, as amended at 79 14.171 Consignment to carrier. FR 43964, July 29, 2014] 14.172 Primary enclosures.

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§ 14.4 What terms do I have to under- lab mice—Mus musculus; White lab stand? rate—Rattus norvegicus. In addition to definitions contained Fish (For export purposes only): Carp in part 10 of this subchapter, in this (koi)—Cyprinus carpio; Goldfish— part: Carassius auratus. Accompanying personal baggage means Birds: Chicken—Gallus domesticus; all hand-carried items and all checked Ducks & geese—domesticated varieties; baggage of a person entering into or de- Guinea fowl—Numida meleagris; parting from the United States. Peafowl—Pavo cristatus; Pigeons (do- Accredited scientist means any indi- mesticated)—Columba livia domestrica; vidual associated with, employed by, or Turkey—Meleagris gallopavo; Domes- under contract to and accredited by an ticated or Barnyard Mallards include: accredited scientific institution for the Pekin; Aylesbury; Bouen; Cayuga; purpose of conducting biological or Gray Call; White Call; East Indian; medical research, and whose research activities are approved and sponsored Crested; Swedish; Buff Orpington; In- by the scientific institution granting dian Runner; Campbell; Duclair; accreditation. Merchtem; Termonde; Magpie; Chinese; Accredited scientific institutions means Khaki Campbell. any public museum, public zoological Insects: Crickets, mealworms, honey- park, accredited institution of higher bees (not to include Africanized vari- education, accredited member of the eties), and similar insects that are rou- American Zoo and Aquarium Associa- tinely farm raised. tion, accredited member of the Amer- Other Invertebrates: Earthworms and ican Association of Systematic Collec- similar invertebrates that are rou- tions, or any State or Federal govern- tinely farm raised. ment agency that conducts biological Export means to depart from, to send or medical research. from, to ship from, or to carry out of, Commercial means related to the of- or attempt to depart from, to send fering for sale or resale, purchase, from, to ship from, or to carry out of, trade, barter, or the actual or intended or to consign to a carrier in any place transfer in the pursuit of gain or profit, subject to the jurisdiction of the of any item of wildlife and includes the United States with an intended des- use of any wildlife article as an exhibit for the purpose of soliciting sales, tination of any place not subject to the without regard to quantity or weight. jurisdiction of the United States, There is a presumption that eight or whether or not such departure, send- more similar unused items are for com- ing, or carrying, or shipping con- mercial use. The Service or the im- stitutes an exportation within the porter/exporter/owner may rebut this meaning of the Custom laws of the presumption based upon the particular United States. When a passenger leav- facts and circumstances of each case. ing the jurisdiction of the United Domesticated animals includes, but is States enters the designated inter- not limited to, the following domes- national area of embarkation of an air- ticated animals that are exempted port, all accompanying personal hand- from the requirements of this sub- carried items and checked baggage will chapter B (except for species obtained be regarded as exports. from wild populations). Import means to land on, bring into, Mammals: Alpaca—Lama alpaca; or introduce into, or attempt to land Camel—Camelus dromedarius; Camel on, bring into, or introduce into any (Boghdi)—Camelus bactrianus; Cat (do- place subject to the jurisdiction of the mestic)—Felis domesticus; Cattle—Bos United States, whether or not such taurus; Dog (domestic)—Canis familiaris; landing, bringing, or introduction con- European rabbit—Ortyctolagus stitutes an importation within the cuniculus; Ferret (domestic)—Mustela putorius; Goat—Capra hircus; Horse— meaning of the tariff laws of the Equus caballus; Llama—Lama glama; United States. Pig—Sus scrofa; Sheep—Ovis aries; We means Fish and Wildlife Service Water buffalo—Bubalus bubalus; White or Service.

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You means licensee, or importer/ex- such wildlife proceeds as an in-transit porter of record. shipment under Customs bond to a designated port, or to any port where a [61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999] permit or other provision of this part provides for lawful importation. (b) Wildlife moving in-transit Subpart B—Importation and through the United States from one Exportation at Designated Ports foreign country to another foreign country is exempt from the designated § 14.11 General restrictions. port requirements of this part, if such Except as otherwise provided in this wildlife is not unloaded within the part, no person may import or export United States. any wildlife at any place other than a Customs port of entry designated in § 14.15 Personal baggage and house- § 14.12. hold effects. [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. (a) Any person may import into or 1, 1980] export from the United States at any Customs port wildlife products or man- § 14.12 Designated ports. ufactured articles that are not in- The following ports of entry are des- tended for commercial use and are used ignated for the importation and expor- as clothing or contained in accom- tation of wildlife and wildlife products panying personal baggage. However, and are referred to hereafter as ‘‘des- this exception to the designated port ignated ports’’: requirement does not apply to any raw (a) Anchorage, Alaska. or dressed fur; raw, salted, or crusted (b) Atlanta, Georgia. hide or skin; game trophy; or to wild- (c) Baltimore, Maryland. life requiring a permit pursuant to part (d) Boston, Massachusetts. 16, 17, 18, 21, or 23 of this subchapter B. (e) Chicago, Illinois. (b) Wildlife products or manufactured (f) Dallas/Fort Worth, Texas. articles, including mounted game tro- (g) Honolulu, Hawaii. phies or tanned hides, which are not in- (h) Houston, Texas. tended for sale and are part of a ship- (i) Los Angeles, California. ment of the household effects of per- (j) Louisville, Kentucky. sons moving their residence to or from (k) Memphis, Tennessee. the United States may be imported or (l) Miami, Florida. exported at any Customs port of entry. (m) New Orleans, Louisiana. However, this exception to the des- (n) New York, New York. ignated port requirement does not (o) Portland, Oregon. apply to any raw fur; raw, salted, or (p) San Francisco, California. crusted hide or skin; or to wildlife re- (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; (2) Idaho—Eastport; § 14.14 In-transit shipments. (3) Maine—Calais, Houlton, Jackman; (a) Wildlife destined for a point with- (4) Massachusetts—Boston; in the United States may be imported (5) Michigan—Detroit, Port Huron, into the United States at any port if Sault Sainte Marie;

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(6) Minnesota—Grand Portage, Inter- after for the respective State or Terri- national Falls, Minneapolis-St. Paul; tory of final destination: (7) Montana—Raymond, Sweetgrass; (1) Alaska—Alcan, Anchorage, Fair- (8) New York—Buffalo-Niagara Falls, banks, Juneau; Champlain; (2) Puerto Rico—San Juan; and (9) North Dakota—Dunseith, (3) Virgin Islands—San Juan, Puerto Pembina, Portal; Rico. (10) Ohio—Cleveland; (b) Except for wildlife requiring a (11) Vermont—Derby Line, Highgate permit pursuant to part 16, 17, 18, 21, or Springs; and 23 of this subchapter B, wildlife which (12) Washington—Blaine, Sumas. originates in Alaska, Puerto Rico, or (b) Except for wildlife requiring a the Virgin Islands, may be exported permit pursuant to part 16, 17, 18, 21, or through the following Customs ports 23 of this subchapter B, wildlife whose for the respective State or Territory: country of origin is Mexico or the (1) Alaska—Alcan, Anchorage, Fair- United States may be imported or ex- banks, Juneau; (2) Puerto Rico—San Juan; and ported at any of the following Customs (3) Virgin Islands—San Juan, Puerto ports of entry: Rico. (1) Arizona—Lukeville, Nogales; (c) Except for wildlife requiring a (2) California—Calexico, San Diego- permit pursuant to part 16, 17, 18, 21, or San Ysidro; and 23 of this subchapter B, wildlife which (3) Texas—Brownsville, El Paso, La- has a final destination of Guam or redo. which originates in Guam may be im- (c) Except for wildlife requiring a ported or exported, as appropriate, permit pursuant to part 16, 17, 18, or 21 through the port of Agana, Guam. of this subchapter B, wildlife lawfully taken by U.S. residents in the United § 14.20 Exceptions by permit. States, Canada, or Mexico and im- Wildlife may be imported into or exported or exported for noncommercial ported from the United States at any purposes, may be imported or exported Customs port of entry designated in at any Customs port of entry. the terms of a valid permit issued pur- § 14.17 Personally owned pet birds. suant to subpart C of this part. Any person may import a personally § 14.21 Shellfish and fishery products. owned pet bird at any port designated (a)(1) General. Except for wildlife re- under, and in accordance with, 9 CFR quiring a permit pursuant to part 17 or part 92. 23 of this subchapter, shellfish and fishery products imported or exported for § 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

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Customs port of entry. For the pur- Subpart C—Designated Port poses of this part, all references to the Exception Permits term shellfish and fishery products will include pearls. § 14.31 Permits to import or export wildlife at nondesignated port for [61 FR 31868, June 21, 1996] scientific purposes. § 14.22 Certain antique articles. (a) General. The Director may, upon receipt of an application submitted in Any person may import at any Cus- accordance with the provisions of this toms Service port designated for such section and §§ 13.11 and 13.12 of this sub- purpose, any article (other than scrim- chapter, and in accordance with the shaw, defined in 16 U.S.C 1539(f)(1)(B) issuance criteria of this section, issue a and 50 CFR 217.12 as any art form that permit authorizing importation or ex- involves the etching or engraving of de- portation of wildlife for scientific pur- signs upon, or the carving of figures, poses at one or more named Customs patterns, or designs from, any bone or port(s) of entry not otherwise author- tooth of any marine mammal of the ized by subpart B. Such permits may order Cetacea) that is at least 100 years authorize a single importation or ex- old, is composed in whole or in part of portation, a series of importations or any endangered or threatened species exportations, or importation or expor- listed under § 17.11 or § 17.12 of this sub- tation during a specified period of chapter, and has not been repaired or time. modified with any part of any endan- (b) Application procedure. Applica- gered or threatened species on or after tions for permits to import or export December 28, 1973. wildlife at a nondesignated port for scientific purposes must be submitted to [61 FR 31868, June 21, 1996] the Director. Each application must contain the general information and § 14.23 Live farm-raised fish and farm- certification required by § 13.12(a) of raised fish eggs. this subchapter, plus the following ad- Live farm-raised fish and farm-raised ditional information: fish eggs meet the definition of ‘‘bred (1) The scientific purpose or uses of in captivity’’ as stated in 50 CFR 17.3. the wildlife to be imported or exported; Except for wildlife requiring a permit (2) The number and kinds of wildlife pursuant to parts 17 or 23 of this sub- described by scientific and common chapter, live farm-raised fish and farm- names to be imported or exported raised fish eggs may be exported from where such number and kinds can be any U.S. Customs port. determined; (3) The country or place in which the [59 FR 41714, Aug. 15, 1994] wildlife was removed from the wild (if § 14.24 Scientific specimens. known), or where born in captivity; (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

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condition: Permittee shall file such re- (3) The port(s) of entry where impor- ports as specified on the permit, if any. tation or exportation is requested, and (d) Issuance criteria. The Director the reasons why importation or expor- shall consider the following in deter- tation should be allowed at the re- mining whether to issue a permit under quested port(s) of entry rather than at this section: a designated port (information must be (1) Benefit to a bona fide scientific re- included to show that an importation search project, other scientific pur- or exportation at a designated port pose, or facilitation of the exchange of would result in a substantial deteriora- preserved museum specimens; tion or loss of the wildlife); and (2) The kind of wildlife involved and (4) A statement as to whether the ex- its place of origin; ception is being requested for a single shipment, a series of shipments, or (3) The reasons why the exception is shipments over a specified period of requested; and time and the date(s) involved. (4) Availability of a Service officer. (c) Additional permit conditions. In ad- (e) Duration of permits. Any permit dition to the general conditions set issued under this section expires on the forth in part 13 of this subchapter B, date designated on the face of the per- permits to import or export wildlife at mit. In no case will the permit be valid a nondesignated port issued under this for more than 2 years from the date of section are to be subject to the fol- issuance. lowing conditions: (1) Permittee shall file such reports § 14.32 Permits to import or export as may be specified on the permit, if wildlife at nondesignated port to minimize deterioration or loss. any; and (2) Permittee must pay fees in ac- (a) General. The Director may, upon cordance with § 14.94. receipt of an application submitted in (d) Issuance criteria. The Director accordance with the provisions of this shall consider the following in deter- section and §§ 13.11 and 13.12 of this sub- mining whether to issue a permit under chapter, and in accordance with the this section: issuance criteria of this section, issue a (1) Likelihood of a substantial dete- permit authorizing importation or ex- rioration or loss of the wildlife in- portation of wildlife, in order to mini- volved; mize deterioration or loss, at one or (2) The kind of wildlife involved and more named Customs port(s) of entry its place of origin; and not otherwise authorized by subpart B. (3) Availability of a Service officer. Such permits may authorize a single (e) Duration of permits. Any permit importation or exportation, a series of issued under this section expires on the importations or exportations, or im- date designated on the face of the per- portation or exportation during a spec- mit. In no case will the permit be valid ified period of time. more than 2 years from the date of (b) Application procedure. Applica- issuance. tions for permits to import or export [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. wildlife at a nondesignated port to 1, 1980, as amended at 61 FR 31869, June 21, minimize deterioration or loss must be 1996] submitted to the Director. Each application must contain the general infor- § 14.33 Permits to import or export mation and certification required in wildlife at nondesignated port to al- § 13.12(a) of this subchapter, plus the leviate undue economic hardship. following additional information: (a) General. The Director may, upon (1) The number and kinds of wildlife receipt of an application submitted in described by scientific and common accordance with the provisions of this names to be imported or exported section and §§ 13.11 and 13.12 of this sub- where such number and kinds can be chapter, and in accordance with the determined; issuance criteria of this section, issue a (2) The country or place in which the permit authorizing importation or ex- wildlife was removed from the wild (if portation of wildlife in order to allevi- known), or where born in captivity; ate undue economic hardship at one or

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more named Customs port(s) of entry (2) Permittee must pay fees in ac- not otherwise authorized by subpart B. cordance with § 14.94. Such permits may authorize a single (d) Issuance criteria. The Director importation or exportation, a series of shall consider the following in deter- importations or exportations, or im- mining whether to issue a permit under portation or exportation during a spec- this section: ified period of time. (1) The difference between the cost of (b) Application procedure. Applica- importing or exporting the wildlife at tions for permits to import or export the port requested and the lowest cost wildlife at a nondesignated port to al- of importing or exporting such wildlife leviate undue economic hardship must at a port authorized by these regula- be submitted to the Director. Each ap- tions without a permit; plication must contain the general in- (2) The severity of the economic formation and certification required in hardship that likely would result § 13.12(a) of this subchapter, plus the should the permit not be issued; following additional information: (3) The kind of wildlife involved, in- (1) The number and kinds of wildlife cluding its form and place of origin; described by scientific and common and (4) Availability of a Service officer. names to be imported or exported, (e) Duration of permits. Any permit where such number and kinds can be issued under this section expires on the determined, and a description of the date designated on the face of the perform in which it is to be imported, such mit. In no case will the permit be valid as ‘‘live,’’ ‘‘frozen,’’ ‘‘raw hides,’’ or a for more than 2 years from the date of full description of any manufactured issuance. product; (2) The country or place in which the [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. wildlife was removed from the wild (if 1, 1980, as amended at 61 FR 31869, June 21, known), or where born in captivity; 1996] (3) The name and address of the supplier or consignee; Subpart D [Reserved] (4) The port(s) of entry where importation or exportation is requested, and Subpart E—Inspection and the reasons why importation or expor- Clearance of Wildlife tation should be allowed at the requested port(s) of entry rather than at § 14.51 Inspection of wildlife. a designated port (information must be Subject to applicable limitations of included to show the monetary dif- law, Service officers and Customs offi- ference between the cost of importa- cers may detain for inspection and in- tion or exportation at the port respect any package, crate, or other con- quested and the lowest cost of importa- tainer, including its contents, and all tion or exportation at the port through accompanying documents, upon impor- which importation or exportation is tation or exportation. The Director authorized by subpart B without a per- may charge reasonable fees, including mit); and salary, overtime, transportation and (5) A statement as to whether the ex- per diem of Service officers, for wildlife ception is being requested for a single import or export inspections specially shipment, a series of shipments, or requested by the importer or exporter shipments over a specified period of at times other than regular work hours time and the date(s) involved. or locations other than usual for such (c) Additional permit conditions. In ad- inspections at the port. dition to the general conditions set [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. forth in part 13 of this subchapter B, 1, 1980, as amended at 50 FR 52889, Dec. 26, permits to import or export wildlife at 1985] a nondesignated port issued under this section are subject to the following § 14.52 Clearance of imported wildlife. conditions: (a) Except as otherwise provided by (1) Permittee shall file such reports this subpart, a Service officer must as specified on the permit, if any; and clear all wildlife imported into the

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United States prior to release from de- to detain, the Service will mail a no- tention by Customs officers. A Service tice of detention by registered or cer- officer must clear all wildlife to be ex- tified mail, return receipt requested, to ported from the United States prior to the importer or consignee, or exporter, the physical loading of the merchan- if known or easily ascertainable. Such dise on a vehicle or aircraft, or the notice must describe the detained wild- containerization or palletizing of such life or other property, indicate the rea- merchandise for export, unless a Serv- son for the detention, describe the gen- ice officer expressly authorizes other- eral nature of the tests or inquiries to wise. Such clearance does not con- be conducted, and indicate that if the stitute a certification of the legality of releasability of the wildlife has not an importation or exportation under been determined within 30 days after the laws or regulations of the United the date of the notice, or a longer pe- States. (b) An importer/exporter or his/her riod if specifically stated, that the agent may obtain clearance by a Serv- Service will deem the wildlife to be ice officer only at designated ports seized and will issue no further notifi- (§ 14.12), at border ports (§ 14.16), at spe- cation of seizure. cial ports (§ 14.19), or at a port where (b) Refusal of clearance. Any Service importation or exportation is author- officer may refuse clearance of im- ized by a permit issued under subpart C ported or exported wildlife and any of this part. An importer/exporter must Customs officer acting under § 14.54 return forthwith any wildlife released may refuse clearance of imported wild- without a Service officer’s clearance or life when there are responsible grounds clearance by Customs for the Service to believe that: under authority of § 14.54 to a port (1) A Federal law or regulation has where clearance may be obtained pur- been violated; suant to this subpart. (2) The correct identity and country (c) To obtain clearance, the importer, of origin of the wildlife has not been es- exporter, or the importer’s or export- tablished (in such cases, the burden is er’s agent will make available to a upon the owner, importer, exporter, Service officer or a Customs officer consignor, or consignee to establish acting under § 14.54: (1) All shipping documents (including such identity by scientific name to the bills of lading, waybills and packing species level or, if any subspecies is lists or invoices); protected by the laws of this country (2) All permits, licenses or other doc- or the country of origin to the sub- uments required by the laws or regula- species level); tions of the United States; (3) Any permit, license, or other doc- (3) All permits or other documents umentation required for clearance of required by the laws or regulations of such wildlife is not available, is not any foreign country; currently valid, has been suspended or (4) The wildlife being imported or ex- revoked, or is not authentic; ported; and (4) The importer, exporter, or the im- (5) Any documents and permits re- porter’s or exporter’s agent has filed an quired by the country of export or re- incorrect or incomplete declaration for export for the wildlife. importation or exportation as provided [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. in § 14.61 or § 14.63; or 1, 1980, as amended at 50 FR 52889, Dec. 26, (5) The importer, exporter, or the im- 1985; 61 FR 31869, June 21, 1996] porter’s or exporter’s agent has not paid any fee or portion of balance due § 14.53 Detention and refusal of clearance. for inspection fees required by § 14.93 or § 14.94, or penalties assessed against the (a) Detention. Any Service officer, or importer or exporter under 50 CFR part Customs officer acting under § 14.54, 11. This paragraph does not apply to may detain imported or exported wild- penalty assessments on appeal in ac- life and any associated property. As cordance with the provisions of part 11. soon as practicable following the importation or exportation and decision [61 FR 31869, June 21, 1996]

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§ 14.54 Unavailability of Service offi- § 14.55 Exceptions to clearance re- cers. quirements. (a) Designated ports. All wildlife arriv- Except for wildlife requiring a permit ing at a designated port must be pursuant to part 17 or 23 of this sub- cleared by a Service officer prior to chapter B, clearance is not required for Customs clearance and release. When the importation of the following wild- importers or their agents expect live or life: perishable shipments of wildlife or (a) Shellfish and fishery products im- wildlife products or request inspection ported for purposes of human or animal at the time of arrival, they must notify consumption or taken in waters under the Service at least 48 hours prior to the jurisdiction of the United States or the estimated time of arrival. However, on the high seas for recreational pur- where a Service officer is not available poses; within a reasonable time, Customs Of- (b) Marine mammals lawfully taken ficers may clear live or perishable wild- on the high seas by United States resi- life subject to post-clearance inspec- dents and imported directly into the tion and investigation by the Service. United States; and (b) Border and special ports. Wildlife (c) Certain antique articles as speci- lawfully imported at Canadian or Mexi- fied in § 14.22 which have been released can border ports under § 14.16, or into from custody by Customs officers Alaska, Puerto Rico, or the Virgin Is- under 19 U.S.C. 1499. lands, under § 14.19, may, if a Service (d) Dead, preserved, dried, or embed- officer is not available within a reason- ded scientific specimens or parts there- able time, be cleared by Customs offi- of, imported or exported by accredited cers, subject to post-clearance inspec- scientists or accredited scientific insti- tion and investigation by the Service. tutions for taxonomic or systematic re- (c) Permit imports. Wildlife imported search purposes. Except: That this ex- at a nondesignated port in accordance ception will not apply to any speci- with the terms of a valid permit issued mens or parts thereof taken as a result under subpart C of this part, may, if a of sport hunting. Service officer is not available within a [45 FR 56673, Aug. 25, 1980, as amended at 61 reasonable time, be cleared by Customs FR 31869, June 21, 1996] officers, subject to post-clearance inspection and investigation by the Serv- ice. Subpart F—Wildlife Declarations (d) Personal baggage and household ef- § 14.61 Import declaration require- fects. Wildlife lawfully imported at any ments. port of entry under § 14.15, may, if a Except as otherwise provided by the Service officer is not available within a regulations of this subpart, importers reasonable time, be cleared by Customs or their agents must file with the Serv- officers, subject to post-clearance in- ice a completed Declaration for Impor- spection and investigation by the Serv- tation or Exportation of Fish or Wild- ice. life (Form 3–177), signed by the im- (e) Personally owned pet birds. Person- porter or the importer’s agent, upon ally owned pet birds lawfully imported the importation of any wildlife at the at a port of entry under § 14.17, may, if place where Service clearance under a Service officer is not available within § 14.52 is requested. However, wildlife a reasonable time, be cleared by Cus- may be transshipped under bond to a toms officers, subject to post-clearance different port for release from custody inspection and investigation by the by Customs Service officers under 19 Service. U.S.C. 1499. For certain antique arti- (f) Exports. Exporters or their agents cles as specified in § 14.22, importers or must notify the Service and make the their agents must file a Form 3–177 shipment available for inspection at with the District Director of Customs least 48 hours prior to the estimated at the port of entry prior to release time of exportation of any wildlife. from Customs custody. Importers or [45 FR 56673, Aug. 25, 1980, as amended at 61 their agents must furnish all applicable FR 31869, June 21, 1996] information requested on the Form 3–

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177 and the importer, or the importer’s poses. An importer or his/her agent agent, must certify that the informa- must file an amended Form 3–177 with- tion furnished is true and complete to in 180 days after filing of the general the best of his/her knowledge and be- declaration with the Service. The dec- lief. laration must identify specimens to [61 FR 49980, Sept. 24, 1996] the most accurate taxonomic classification reasonably practicable using § 14.62 Exceptions to import declara- the best available taxonomic information requirements. tion. The Director may grant exten- (a) Except for wildlife requiring a sions of the 180-day period. permit pursuant to part 17 or 23 of this (d) Except for wildlife requiring a subchapter B, an importer or his/her permit pursuant to part 16, 17, 18, 21, 22 agent does not have to file a Declara- or 23 of this subchapter, an importer or tion for Importation or Exportation of his/her agent does not have to file a Fish or Wildlife (Form 3–177) for impor- Declaration for the Importation or Ex- tation of shellfish and fishery products portation of Fish or Wildlife (Form 3– imported for purposes of human or ani- 177) at the time of importation for mal consumption, or taken in waters shipments of dead, preserved, dried, or under the jurisdiction of the United embedded scientific specimens or parts States or on the high seas for rec- thereof, imported by accredited sci- reational purposes; entists or accredited scientific institu- (b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 21, or tions for taxonomic or systematic re- 23 of this subchapter B, a Declaration search purposes. An importer or his/her for Importation or Exportation of Fish agent must file a Form 3–177 within 180 or Wildlife (Form 3–177) does not have days of importation with the appro- to be filed for importation of the fol- priate Assistant Regional Director— lowing: Law Enforcement in the Region where (1) Fish taken for recreational pur- the importation occurs. The declara- poses in Canada or Mexico; tion must identify the specimens to the (2) Wildlife products or manufactured most accurate taxonomic classification articles that are not intended for com- reasonably practicable using the best mercial use and are used as clothing or available taxonomic information, and contained in accompanying personal must declare the country of origin. Ex- baggage, except that an importer or cept: That this exception will not apply his/her agent must file a Form 3–177 for to any specimens or parts thereof raw or dressed furs; for raw, salted, or taken as a result of sport hunting. crusted hides or skins; and for game or game trophies; and [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. (3) Wildlife products or manufactured 1, 1980, as amended at 61 FR 31870, June 21, 1996] articles that are not intended for commercial use and are a part of a ship- § 14.63 Export declaration requirement of the household effects of per- ments. sons moving their residence to the United States, except that an importer Except as otherwise provided by the or his/her agent must file a declaration regulations of this subpart, a com- for raw or dressed furs and for raw, pleted Declaration for Importation or salted, or crusted hides or skins. Exportation of Fish or Wildlife (Form (c) General declarations for certain 3–177) signed by the exporter, or the ex- specimens. Notwithstanding the provi- porter’s agent, shall be filed with the sions of 14.61 and except for wildlife in- Service prior to the export of any wild- cluded in paragraph (d) of this section, life at the port of exportation as au- an importer or his/her agent may de- thorized in subpart B of this part. All scribe in general terms on a Declara- applicable information requested on tion for the Importation or Expor- the Form 3–177 shall be furnished, and tation of Fish or Wildlife (Form 3–177) the exporter or the exporter’s agent scientific specimens imported for sci- shall certify that the information fur- entific institutions for taxonomic, sys- nished is true and complete to the best tematic research, or faunal survey pur- of his/her knowledge and belief.

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§ 14.64 Exceptions to export declara- (c) Except for wildlife requiring a pe- tion requirements. riod pursuant to parts 17 or 23 of this (a) Except for wildlife requiring a subchapter, a Declaration for the Im- permit pursuant to part 17 or 23 of this portation or Exportation of Fish or subchapter B, an exporter or his/her Wildlife (Form 3–177) does not have to agent does not have to file a Declara- be filed for the exportation of live tion for Importation or Exportation of farm-raised fish and farm-raised fish Fish or Wildlife (Form 3–177) for the ex- eggs as defined in § 14.23. portation of shellfish and fishery prod- [45 FR 56673, Aug. 25, 1980, as amended at 59 ucts exported for purposes of human or FR 41714, Aug. 15, 1994; 61 FR 31870, June 21, animal consumption or taken in waters 1996] under the jurisdiction of the United States or on the high seas for rec- Subpart G [Reserved] reational purposes, and does not have to file for the exportation of live Subpart H—Marking of Containers aquatic invertebrates of the Class or Packages Pelecypoda (commonly known as oysters, claims, mussels, and scallops) and the eggs, larvae, or juvenile forms SOURCE: 52 FR 45341, Nov. 27, 1987, unless thereof exported for purposes of propa- otherwise noted. gation, or research related to propaga- § 14.81 Marking requirement. tion. (b) Except for wildlife requiring a Except as otherwise provided in this permit pursuant to part 16, 17, 18, 21, or subpart, no person may import, export, 23 of this subchapter B, a Declaration or transport in interstate commerce for the Importation or Exportation of any container or package containing Fish or Wildlife (Form 3–177) does not any fish or wildlife (including shellfish have to be filed for the exportation of and fishery products) unless he/she the following: marks each container or package con- (1) Wildlife that is not intended for spicuously on the outside with both the commercial use where the value of name and address of the shipper and such wildlife is under $250; consignee. An accurate and legible list (2) Wildlife products or manufactured of its contents by species scientific articles, including game trophies, that name and the number of each species are not intended for commercial use and whether or not the listed species and are used as clothing or contained are venomous must accompany the en- in accompanying personal baggage or tire shipment. are part of a shipment of the household [61 FR 31870, June 21, 1996] effects of persons moving their residence from the United States; and § 14.82 Alternatives and exceptions to (3) Shipments of dead, preserved, the marking requirement. dried, or embedded scientific specimens (a) The requirements of § 14.81 may be or parts thereof, exported by accredited met by complying with one of the fol- scientists or accredited scientific insti- lowing alternatives to the marking re- tutions for taxonomic or systematic requirement: search purposes. An exporter or his/her (1)(i) Conspicuously marking the out- agent must file a Form 3–177 within 180 side of each container or package con- days of exportation with the appro- taining fish or wildlife with the word priate Assistant Regional Director— ‘‘fish’’ or ‘‘wildlife’’ as appropriate for Law Enforcement in the Region where its contents, or with the common name the exportation occurs. The declara- of its contents by species, and tion must identify the specimens to the (ii) Including an invoice, packing most accurate taxonomic classification list, bill of lading, or similar document reasonably practicable using the best to accompany the shipment which ac- available taxonomic information, and curately states the name and address must declare the country of origin. Ex- of the shipper and consignee, states the cept: That this exception will not apply total number of packages or containers to any specimens or parts thereof in the shipment, and for each species in taken as a result of sport hunting. the shipment specifies:

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

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(2) Live farm-raised fish and farm- If I import into the United States or ex- . . . do I need an import/export raised fish eggs of species that do not port from the United States license? require a permit under parts 16, 17, or (3) Wildlife in the form of food for com- Yes. 23 of this subchapter, that meet the mercial purposes. definition of ‘‘bred-in-captivity’’ as (4) As an animal dealer, animal broker, Yes. pet dealer, or pet or laboratory sup- stated in § 17.3 of this subchapter and plier. that are for export only; and (5) As an individual owner of a person- No. (3) Live aquatic invertebrates of the ally owned live wildlife pet for personal Class Pelecypoda, commonly known as use. (6) As a collector or hobbyist for per- No. oysters, clams, mussels, and scallops, sonal use. and their eggs, larvae, or juvenile (7) As a collector or hobbyist for com- Yes. forms, that do not require a permit mercial purposes, including sale, trade under parts 16, 17, or 23 of this sub- or barter. (8) As a laboratory researcher or bio- Yes. chapter, and are exported only for the medical supplier for commercial pur- purposes of propagation or research re- poses. lated to propagation; and (9) As a customs broker or freight for- No. (4) Pearls that do not require a per- warder engaged in business as a dis- patcher, handler, consolidator, or mit under parts 16, 17, or 23 of this sub- transporter of wildlife or if I file docu- chapter. ments with the Service on behalf of (5)(i) Except as provided in para- others. graphs (a)(5)(ii) and (iii) of this section, (10) As a common carrier engaged in No. business as a transporter of wildlife. green sea urchins, Strongylocentrotus (11) As a taxidermist, outfitter, or guide Yes. droebachiensis, including any products importing or exporting my own hunting of that species, that: trophies for commercial purposes. (A) Do not require a permit under (12) As a taxidermist, outfitter, or guide No. transporting or shipping hunting tro- part 16, 17, or 23 of this subchapter; phies for clients or customers. (B) Are taken in waters under the ju- (13) As a U.S. taxidermist receiving a No. risdiction of the United States or are U.S. client’s personal hunting trophies imported into the United States for after import clearance for processing. (14) As a U.S. taxidermist importing wild- Yes. processing pursuant to the licensing re- life from or exporting wildlife to foreign quirements of § 14.91; and owners who are requesting my serv- (C) Are exported for purposes of ices. human or animal consumption. (15) As a foreign owner of wildlife ex- No. porting my personal hunting trophies (ii) The exemption in paragraph from the United States to my home. (a)(5)(i) of this section does not apply (16) As a circus for exhibition or resale Yes. to any person who has been convicted purposes. of one or more violations of a Federal (17) As a Federal, State, municipal, or No. tribal agency. law relating to the importation, trans- (18) As a public museum, or public sci- No. portation, or exportation of wildlife entific or educational institution for during the previous 5 years. noncommercial research or educational purposes. (iii) The exemption in paragraph (a)(5)(i) of this section does not apply in any State that does not annually § 14.92 What are the exemptions to the provide ‘‘conservation and manage- import/export license requirement? ment’’ data, as defined in section 3 of (a) Certain wildlife. Any person may the Magnuson-Stevens Fishery Con- engage in business as an importer or servation and Management Act (16 exporter of the following types of wild- U.S.C. 1802), to the applicable Marine life without obtaining an import/export Fisheries Commission, or, if the State license: does provide the ‘‘conservation and (1) Shellfish (see § 10.12 of this chap- management’’ data, and the applicable ter) and nonliving fishery products Marine Fisheries Commission deter- that do not require a permit under mines, in consultation with the pri- parts 16, 17, or 23 of this subchapter, mary research agency of such Commis- and are imported or exported for pur- sion, after notice and an opportunity poses of human or animal consumption to comment, that the data fails to or taken in waters under the jurisdic- prove that the State agency or official tion of the United States or on the is engaged in conservation and man- high seas for recreational purposes; agement of the green sea urchin.

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(b) Certain persons. (1) The following and correctly describe each import or persons may import or export wildlife export of wildlife that you made under without obtaining an import/export li- the import/export license and, if appli- cense, provided that these persons keep cable, any subsequent disposition that records that will fully and correctly de- you made of the wildlife, for a period of scribe each importation or exportation 5 years: of wildlife made by them and the subse- (i) A general description of the wild- quent disposition made by them with life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur respect to the wildlife. garments,’’ ‘‘leather goods,’’ ‘‘foot- (i) Public museums, or other public, wear,’’ or ‘‘jewelry’’; scientific, or educational institutions, (ii) The quantity of the wildlife, in importing or exporting wildlife for numbers, weight, or other appropriate noncommercial research or educational measure; purposes; and (iii) The common and scientific (ii) Federal, State, tribal, or munic- names of the wildlife; ipal agencies. (iv) The country of origin of the wild- (2) Subject to applicable limitations life, if known, as defined in § 10.12 of of law, duly authorized Service officers this subchapter; at all reasonable times will, upon no- (v) The date and place the wildlife tice, be given access to these persons’ was imported or exported; places of business, an opportunity to (vi) The date of the subsequent dis- examine their inventory of imported position, if applicable, of the wildlife wildlife or the wildlife to be exported, and the manner of the subsequent dis- the records described in paragraph (1) position, whether by sale, barter, con- of this section, and an opportunity to signment, loan, delivery, destruction, copy those records. or other means; [73 FR 74628, Dec. 9, 2008, as amended at 84 (vii) The name, address, telephone, FR 29808, June 25, 2019] and e-mail address, if known, of the person or business who received the § 14.93 How do I apply for an import/ wildlife; export license? (viii) Copies of all permits required (a) Application form. You must submit by the laws and regulations of the a completed FWS Form 3–200–3, includ- United States; and ing the certification found on the form (ix) Copies of all permits required by and in § 13.12(a) of this subchapter, to the laws of any country of export, re- the appropriate regional Special Agent export, or origin of the wildlife. in Charge under the provisions of this (5) You must, upon notice, provide subpart and part 13 of this subchapter. authorized Service officers with access (b) Import/export license conditions. In to your place(s) of business at all rea- addition to the general permit condi- sonable times and give us an oppor- tions in part 13 of this subchapter, you tunity to examine your inventory of must comply with the following condi- imported wildlife or the wildlife to be tions: exported, the records required to be (1) You must comply with all require- kept by paragraph (b)(4) of this section, ments of this part, all other applicable and an opportunity to copy these parts of this subchapter, and any spe- records subject to applicable limita- cific conditions or authorizations de- tions of the law; scribed on the face of, or on an annex (6) You must submit a report con- to, the import/export license; taining the information you must keep (2) You must pay all applicable li- in paragraph (b)(4) of this section with- cense and inspection fees as required in in 30 days of receiving a written re- § 14.94; quest from us; and (3) You are responsible for providing (7) An import/export license gives current contact information to us, in- you general permission to engage in cluding a mailing address where you business as an importer or exporter of will receive all official notices the wildlife. An import/export license is in Service sends; addition to, and does not supersede, (4) You must keep, in a U.S. location, any other license, permit, or require- the following records that completely ment established by Federal, State, or

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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. (1) Failure to pay fees, penalties, or You must also pay all travel, transpor- costs required by this part; tation, and per diem costs associated (2) You repeatedly fail to notify our with inspection of the shipment. These Service officers at the appropriate port fees are in place of, not in addition to, at least 48 hours prior to the estimated the designated port base fee. The Serv- time of arrival of a live or perishable ice will prorate charges for travel, wildlife shipment under § 14.54(a) or at transportation, and per diem costs if least 48 hours prior to the estimated multiple importers or exporters require time of exportation of any wildlife inspection at the same time at the under § 14.54(f); same location. All applicable base and (3) You repeatedly import or export premium fees apply to each shipment. certain types of wildlife without meet- (f) Premium inspection fees. You must ing the requirements of this part or pay a premium inspection fee in addi- other applicable parts of this sub- tion to any base inspection fees re- chapter. quired in paragraphs (c), (d), and (e) of this section, as defined in § 14.94(h)(4), § 14.94 What fees apply to me? for the following types of shipments: (a) Import/export license application (1) Except as provided in paragraph fees. You must pay the application and (k) of this section, any shipment con- amendment fees, as defined in taining live or protected species, as de- § 13.11(d)(4), for any required import/ex- fined in § 14.94(h)(4), imported or export license processed under § 14.93 and ported by an import/export license part 13 of this subchapter. holder at a designated port or a port (b) Designated port exception permit ap- acting as a designated port. You can plication fees. You must pay the appli- find a list of designated ports in § 14.12 cation and amendment fees, as defined and the criteria that allow certain in § 13.11(d)(4), for any required des- ports to act as designated ports in ignated port exception permit proc- §§ 14.16–14.19, § 14.22, and § 14.24; essed under subpart C of this part. (2) Any shipment containing live or (c) Designated port base inspection fees. protected species, as defined in Except as provided in paragraph (k) of § 14.94(h)(4), imported or exported via this section, an import/export license air, ocean, rail, or truck cargo, by per- holder must pay a base inspection fee, sons not requiring an import/export li- as defined in § 14.94(h)(1), for each wild- cense under § 14.91, at a designated port life shipment imported or exported at a or a port acting as a designated port. designated port or a port acting as a You can find a list of designated ports designated port. You can find a list of in § 14.12 and the criteria that allow designated ports in § 14.12 and the cri- certain ports to act as designated ports teria that allow certain ports to act as in §§ 14.16–14.19, § 14.22, and § 14.24; designated ports in §§ 14.16–14.19, § 14.22, (3) Any shipment containing live or and § 14.24 of this part. protected species, as defined in

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

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

(1) Designated port base inspection fee $85 ...... $87 ...... $89 ...... $91 ...... $93. (see § 14.94 (c)). (2) Staffed nondesignated port base inspec- $133 ...... $136 ...... $139 ...... $142 ...... $145. tion fee (see § 14.94(d)). (3) Nonstaffed nondesignated port base in- $133 ...... $136 ...... $139 ...... $142 ...... $145. spection fee (see § 14.94(e)). (4) Premium inspection fee at any port (see § 14.94 (f)): (i) Protected species. Any species $19 ...... $37 ...... $56 ...... $74 ...... $93. that requires a permit under parts 15, 16, 17, 18, 21, 22, or 23 of this chapter;. (ii) Live species. Any live wildlife, $19 ...... $37 ...... $56 ...... $74 ...... $93. including live viable eggs and live pupae. (5) Overtime inspection fee (see § 14.94(g)): (i) Inspections beginning less than $48 ...... $49 ...... $51 ...... $52 ...... $53. 1 hour before normal work hours.

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

(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 (2) You do not have to pay base in- fee or any portion of any license or inspection fees, premium inspection fees, spection fee or excuse payment of any or overtime fees if you are importing fee because importation, exportation, or exporting wildlife that is exempt or clearance of a wildlife shipment is from import/export license require- refused for any reason. ments as defined in § 14.92(a) or you are (j) All base inspection fees, premium importing or exporting wildlife as a inspection fees, and overtime fees will government agency as defined in apply regardless of whether or not a § 14.92(b)(1)(ii). physical inspection of your wildlife (3) You do not have to pay base in- shipment is performed, and no fees will spection fees, premium inspection fees, be prorated except as provided in para- or overtime fees if you are importing graphs (e) and (g)(5) of this section. or exporting wildlife that meets the (k) Exemptions to inspection fees—(1) criteria for ‘‘domesticated animals’’ as Certain North American-origin wild mam- defined in § 14.4. mal furs or skins. Wildlife shipments (4) Fee exemption program for low-risk that meet all of the following criteria importations and exportations—(i) Pro- are exempt from the designated port gram criteria. Businesses that require base inspection fee (however, these an import/export license under § 14.93 shipments are not exempt from the may be exempt from the designated designated port overtime fees or the port base inspection fee as set forth in import/export license application fee): this paragraph (k)(4)(i). To participate (i) The wildlife is a raw fur; raw, salt- in this program, you, the U.S. importer ed, or crusted hide or skin; or a sepa- or exporter, must continue to pay the rate fur or skin part, lawfully taken overtime fees, the nondesignated port from the wild in the United States, base fees, or the import/export license Canada, or Mexico that does not re- and nondesignated port application quire permits under parts 17, 18, or 23 of fees, and your business must meet all this chapter; and of the following conditions: (ii) You, as the importer or exporter, or a member of your immediate family, (A) Each shipment does not contain such as your spouse, parents, siblings, live wildlife. and children, took the wildlife from (B) Each shipment does not contain the wild and are shipping the wildlife wildlife that requires a permit or cer- between the United States and Canada tificate under parts 15, 17, 18, 20, 21, 22, or Mexico; and or 23 of this chapter or is listed under (iii) You have not previously bought part 16 of this chapter. or sold the wildlife described in para- (C) Each shipment contains 25 or graph (k)(1)(i) of this section, and the fewer wildlife parts and products con- shipment does not exceed 100 raw furs; taining wildlife. raw, salted, or crusted hides or skins; (D) Each wildlife shipment is valued or fur or skin parts; and at $5,000 or less. (iv) You certify on Form 3–177, Dec- (E) Your business has not been as- laration for Importation or Expor- sessed a civil penalty, issued a viola- tation of Fish or Wildlife, that your tion notice, or convicted of any mis- shipment meets all the criteria in this demeanor or felony violations involv- section. ing the import or export of wildlife.

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(F) Your business has had two or section 9(d) of the Lacey Act Amend- fewer wildlife shipments that were re- ments of 1981. fused clearance in the 5 years prior to the receipt of your request by the Serv- § 14.102 Definitions. ice. In addition to the definitions con- (G) Your business has not previously tained in part 10 of subchapter B of this participated in the program and been chapter, in this subpart— removed for failure to meet the cri- Ambient air temperature means the teria. temperature of the air surrounding a (ii) Program participation. To partici- primary enclosure containing a wild pate in the fee exemption program for mammal or bird. low-risk importations and expor- Auxiliary ventilation means cooling or tations, you must use the Service’s air circulation provided by such means electronic declaration filing system as vents, fans, blowers, or air condi- (eDecs) and take the following actions: tioning. (A) You must certify that you will Carrier means any person operating exclusively import and export wildlife an airline, railroad, motor carrier, shipments that meet all the criteria in shipping line, or other enterprise en- paragraph (k)(4)(i) of this section and gaged in the business of transporting renew this certification annually. Upon completion of the certification and re- any wild mammal or bird for any pur- view of the criteria by the Service, pose including exhibition and for any eDecs will notify you if you have been person, including itself. approved to participate in the program. Communicable disease means any con- (B) You must continue to meet the tagious, infectious, or transmissible criteria in paragraph (k)(4)(i) of this disease of wild mammals or birds. section while participating in the pro- Conveyance means any vehicle, ves- gram. If you fail to meet the criteria sel, or aircraft employed to transport after approval, you will be removed an animal between its origin and des- from the program and must pay all ap- tination. plicable fees. Do not tip means do not excessively (C) If approved to participate in the rock or otherwise move from a vertical program you must file FWS Form 3–177 to a slanting position, knock over, or and all required accompanying docu- upset. ments electronically using eDecs for Handle means feed, manipulate, each shipment and meet all other re- crate, shift, transfer, immobilize, requirements of this part. strain, treat, or otherwise control the movement or activities of any wild [73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012] mammal or bird. Holding area means a designated area at or within a terminal facility that Subpart J—Standards for the Hu- has been specially prepared to provide mane and Healthful Transport shelter and other requirements of wild of Wild Mammals and Birds to mammals or birds being transported to the United States the United States and in which such mammals or birds are maintained prior SOURCE: 57 FR 27108, June 17, 1992, unless to, during, or following such shipment. otherwise noted. Kept clean means maintained free from dirt, trash, refuse, excreta, re- § 14.101 Purposes. mains from other cargo, and impurities The purpose of this subpart is to pre- of any type. scribe requirements necessary to en- Marine mammal means an individual sure that live wild mammals and birds of a species of the orders Cetacea, shipped to the United States arrive Pinnipedia, or Sirenia, or a polar bear alive, healthy, and uninjured, and that (Ursus maritimus) or sea otter (Enhydra transportation of such animals occurs lutris). under humane and healthful condi- Noncompatible means not capable of tions. These regulations implement existing together in harmony.

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Nonhuman primate means any Unweaned means a bird or mammal nonhuman member of the order Pri- incapable of feeding itself independ- mates. ently. Normal rigors of transportation means Wild means the same as fish or wild- the stress that a wild animal can be ex- life, as defined in § 10.12 of this chapter. pected to experience as a result of exposure to unaccustomed surroundings, § 14.103 Prohibitions. unfamiliar confinement, caging, unfa- Unless the requirements of this sub- miliar sounds, motion, and other condi- part are fully satisfied and all other tions commonly encountered during legal requirements are met, it is un- transport. lawful for any person to transport to Primary enclosure means any struc- the United States, cause to be trans- ture used to restrict a mammal or bird ported to the United States, or allow to to a limited amount of space, such as a be transported to the United States cage, room, pen, run, stall, pool, or any live wild mammal or bird. It shall hutch. be unlawful for any person to import, Professionally accepted standards to transport, or to cause or permit to means a level of practice established as be transported to the United States acceptable by a body of qualified per- any wild mammal or bird under inhu- sons of the veterinary medical profes- mane or unhealthful conditions or in sion. violation of this subpart J. Psychological trauma means an epi- § 14.104 Translations. sode of exposure to stressful conditions resulting in significant behavioral ab- Any certificate or document required normality including, but not limited by this subpart to accompany a mam- to, manifestations of unaccustomed ag- mal or bird transported to the United gressiveness, self-mutilation, or refusal States and written in a foreign lan- of food or water. guage must be accompanied by an accurate English translation. Raptor means a live migratory bird of the order Falconiformes or the order § 14.105 Consignment to carrier. Strigiformes. (a) No carrier shall accept any live Sanitize means to make physically wild mammal or bird for transport to clean and, as far as possible, free of the United States that has not been ex- toxic or infectious agents injurious to amined within 10 days prior to com- the health of wild mammals or birds. mencement of transport to the United Scheduled departure time means the States by a veterinarian certified as time listed on a timetable of depar- qualified by the national government tures and arrivals or, in the absence of of the initial country from which the a timetable, the time of departure mammal or bird is being exported. If agreed to by a carrier and shipper. the national government of such coun- Shipper means any person, other than try does not certify veterinarians, then a carrier, involved in the transport of the veterinarian must be certified or li- wild animals to the United States re- censed by a local government author- gardless of the purpose of such trans- ity designated by the national govern- port; e.g., exporter, importer, or agent. ment as authorized to certify veteri- Terrestrial mammals means mammals narians. other than marine mammals. (b)(1) A certificate of veterinary med- Transport means to move, convey, ical inspection, signed by the exam- carry, or ship by any means, or to de- ining veterinarian, stating that the liver or receive for the purpose of animal has been examined, is healthy, movement, carriage, or shipment, by appears to be free of any communicable air, land, or sea. disease, and is able to withstand the Transporting device means any vehicle normal rigors of transport must ac- or device used to transport an animal company the mammal or bird; the cer- between a conveyance and a terminal tificate should include the veterinar- facility, in and around a terminal facil- ian’s license number, certification ity of a carrier, or within a convey- number, or equivalent. A mammal in ance. the last third of its pregnancy, if this

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is detectable using professionally ac- that does not conform to the following cepted standards, shall not be accepted requirements: for transport to the United States ex- (a) The Container Requirements of cept for medical treatment and unless the Live Animal Regulations (LAR), the examining veterinarian certifies in 20th edition, October 1, 1993, published writing that the animal has been exam- by the International Air Transport As- ined, the state of pregnancy has been sociation (IATA) shall be complied evaluated, and that, despite the med- with by all parties transporting wild ical condition requiring treatment, the mammals or birds to the United animal is physically able to withstand States. The incorporation by reference the normal rigors of transportation to of the LAR was approved by the Direc- the United States. tor of the Federal Register in accord- (2) A nursing mother with young, an ance with 5 U.S.C. 552(a) and 1 CFR unweaned mammal unaccompanied by part 51. Copies may be obtained from its mother, or an unweaned bird shall IATA, 2000 Peel St., Montreal, Quebec, be transported only if the primary pur- Canada H3A 2R4. Copies may be in- pose is for needed medical treatment spected at the U.S. Fish and Wildlife and upon certification in writing by Service Headquarters (see 50 CFR 2.1(b) the examining veterinarian that the for address) or at the National Ar- treatment is necessary and the animal chives and Records Administration is able to withstand the normal rigors (NARA). For information on the avail- of transport. Such an unweaned mam- ability of this material at NARA, call mal or bird shall not be transported to 202–741–6030, or go to: http:// the United States for medical treat- www.archives.gov/federallregister/ ment unless it is accompanied at all codeloflfederallregulations/ times by and completely accessible to ibrllocations.html. a veterinary attendant. (b) A primary enclosure shall be con- (c) A sick or injured wild mammal or structed so that— bird shall be permitted transport to the (1) The strength of the enclosure is United States only if the primary pur- sufficient to contain the mammal or pose of such transport is for needed bird and to withstand the normal ef- medical treatment and upon certifi- fects of transport; cation in writing by the examining vet- (2) The interior of the enclosure is erinarian that the treatment is nec- free from any protrusion that could be essary and the animal is able to with- injurious to the mammal or bird withstand the normal rigors of travel in its in; present condition. A sick or injured (3) No part of the animal can extend animal shall be accompanied at all or protrude outside of the primary en- times throughout the transport process closure which may result in injury to by a veterinary attendant qualified to the contained animal, to nearby per- care for and treat it, with continuous sons or animals, or to handlers of the access to the animal. This individual primary enclosure; shall be in possession of or have ready (4) Access to the primary enclosure is access to all medications to be admin- closed and secured with an animal- istered during the transport. proof device designed to prevent acci- (d) No carrier shall accept any wild dental opening and release of the mam- mammal or bird for transport to the mal or bird; United States presented by the shipper (5) The opening of the enclosure is less than 2 hours or more than 6 hours easily accessible for either emergency prior to the scheduled departure of the removal or inspection of the mammal conveyance on which it is to be trans- or bird by authorized personnel with- ported. The carrier shall notify the out the risk of escape of the mammal crew of the presence of live animal or bird; shipments. (6) The enclosure has sufficient openings to ensure adequate circulation of § 14.106 Primary enclosures. air at all times. No carrier shall accept for transport (7) The material of which the pri- to the United States any live wild mary enclosure is constructed is not mammal or bird in a primary enclosure treated with any paint, preservative, or

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

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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 haust fumes and gases produced by the in transit shall be observed no less fre- conveyance. quently than once every four hours and (c) No wild mammal or bird shall be given food and water according to the placed in a cargo space of a conveyance instructions required by § 14.108(a). that does not provide sufficient air for (e) Suitable and sufficient food shall it to breathe normally. Primary enclo- be made available during transport. sures shall be positioned in a cargo (f) Additional requirements for feed- space in such a manner that each ani- ing and watering particular kinds of mal has access to sufficient air for nor- animals are found below in the speci- mal breathing. fications for the various groups. (d) The interior of an animal cargo space shall be kept clean of disease- § 14.109 Care in transit. causing agents. (a) During transportation to the (e) A wild mammal or bird shall not United States, including any stopovers be transported in a cargo space that during transport, the carrier shall vis- contains any material, substance, or ually inspect each primary enclosure device that may reasonably be ex- not less than once every 4 hours, or in pected to result in inhumane condi- the case of air transport, every 4 hours tions or be injurious to the animal’s whenever the cargo hold is accessible. health unless all reasonable pre- During such inspections, the carrier cautions are taken to prevent such shall verify that the ambient air tem- conditions or injury. perature is within allowable limits (see § 14.109(b)), that enclosures have not § 14.108 Food and water. been damaged, that adequate ventila- (a) No carrier shall accept any wild tion is being provided, and when trans- mammal or bird for transport to the port is by air, that air pressure suit- United States unless written instruc- able to support live animals is main- tions from the shipper concerning the tained within the cargo area (pressure animal’s food and water requirements equivalent to a maximum altitude of

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8000 feet). During these observations in which vermin infestation is mini- the carrier shall also determine wheth- mized; er any animals are in obvious distress (2) An effective program for the con- as described in documents attached to trol of insects, ectoparasites, and pests the enclosure. The absence of such a of mammals or birds; document or the absence of informa- (3) Sufficient fresh air to allow the tion as to signs of distress shall not re- animals to breathe normally with ven- move this responsibility. The carrier tilation maintained so as to minimize shall attempt to correct any condition drafts, odors, and moisture condensa- causing distress and shall consult the tion; 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 case of an emergency, qualified veteri- § 14.111 Handling. nary 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. higher. In the case of penguins and (d) Transport of mammals or birds to auks, the ambient air temperature the United States shall be accom- shall not be allowed to exceed 18.3 de- plished by the carrier in the most expe- grees C (65 degrees F) at any time, and ditious manner, with the fewest stop- auxiliary ventilation shall be provided overs possible, and without unneces- sary delays. when the ambient air temperature ex- (e) Consistent with other procedures ceeds 15.6 degrees C (60 degrees F). In and requirements of the carrier, live the case of polar bears and sea otters, wild mammals or birds shall be last ambient air temperature shall not be loaded and first unloaded from a con- allowed to exceed 10 degrees C (50 de- veyance. grees F). (f) A carrier shall not allow mammals § 14.110 Terminal facilities. or birds to remain for extended periods of time outside a holding area and shall (a) Any terminal facility used for move them between a holding area and wild mammal or bird transport in the a conveyance as expeditiously as pos- country of export, stopover countries, sible. A carrier or shipper maintaining or the United States shall contain an mammals or birds in a holding area, or animal holding area or areas. No car- transporting them to or from a holding rier or shipper shall co-mingle live ani- area or between a holding area and a mal shipments with inanimate cargo in conveyance, shall provide the fol- an animal holding area. lowing: (b) A carrier or shipper holding any (1) Shelter from sunlight. When sun- wild mammal or bird in a terminal fa- light is likely to cause overheating or cility shall provide the following: discomfort, sufficient shade shall be (1) A holding area cleaned and sani- provided to protect animals from the tized so as to destroy pathogenic direct rays of the sun. agents, maintained so that there is no (2) Shelter from precipitation. Ani- accumulation of debris or excreta, and mals shall be provided protection so

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that they remain dry during rain, on at least two walls of a primary en- snow, or other forms of precipitation. closure. When the required ventilation (3) Shelter from cold. Animals shall openings are located on two opposite be provided protection from cold. Pro- walls of the primary enclosure, these tection shall include, but not be lim- ventilation openings shall comprise at ited to, that provided by covering and/ least 30 percent of the total surface or heating of transporting devices, area of the ventilated wall and be situ- holding areas, conveyances or terminal ated above the midline of the enclo- facilities. sure. If ventilation openings are lo- (4) Protection from harassment. Ani- cated on all four walls of the enclosure, mals shall be protected from disturb- the openings on each wall shall com- ances, including, but not limited to, prise at least 20 percent of the total harassment by humans, other animals, surface area of the wall and be situated or machinery that makes noise, emits above the midline of the primary en- fumes, heat, or light, or causes vibra- closure. tion. § 14.122 Food and water. § 14.112 Other applicable provisions. (a) A nonhuman primate shall be pro- In addition to the provisions of vided water suitable for drinking with- §§ 14.101–14.111, the requirements of in 4 hours prior to commencement of §§ 14.121–14.172 applicable for particular transport to the United States unless groups of animals shall be met for all the shipper’s written instructions di- shipments of wild mammals and birds rect otherwise. A carrier shall provide covered by this part. suitable drinking water to any primate at least every 12 hours after acceptance SPECIFICATIONS FOR NONHUMAN for transport to the United States, un- PRIMATES less instructed in writing to do so more frequently by the shipper. § 14.121 Primary enclosures. (b) After acceptance for transport, (a) No more than one primate shall and unless otherwise instructed in be transported in a primary enclosure. writing by the shipper, a carrier shall However, a mother and her nursing provide suitable food to any nonhuman young being transported to the United primate at least once every 12 hours. States for medical treatment, an established male-female pair, a family § 14.123 Care in transit. group, a pair of juvenile animals that (a) A primate shall be observed for have not reached puberty, or other signs of distress and given food and pairs of animals that have been habit- water according to the shipper’s in- ually housed together may be shipped structions during any intermediate in the same primary enclosure. Pri- stop that lasts more than 4 hours. mates of different species shall not be (b) Care shall be taken to keep enclo- shipped together in the same enclosure. sures containing primates sufficiently (b) A primary enclosure used to separated in the conveyance or holding transport a primate shall be large area to minimize the risk of spread of enough to ensure that the animal has disease from one species or shipment to sufficient space to turn around freely another. in a normal manner, lie down, stand up (as appropriate for the species), and sit SPECIFICATIONS FOR MARINE MAMMALS in a normal upright position without (CETACEANS, SIRENIANS, SEA OTTERS, its head touching the top of the enclo- PINNIPEDS, AND POLAR BEARS) sure. However, a primate may be re- stricted in its movements according to § 14.131 Primary enclosures. professionally accepted standards of (a) A primary enclosure that is not care when greater freedom of move- open on top shall have air inlets situ- ment would constitute a danger to the ated at heights that provide cross ven- primate or to its handler or other per- tilation at all levels and that are lo- sons. cated on all four sides of the enclosure. (c) Except as provided in § 14.106(j), Such ventilation openings shall com- ventilation openings must be located prise not less than 20 percent of the

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total surface area of each side of the mal shall not be transported in the enclosure. same primary enclosure with any ma- (b) Straps, slings, harnesses, or other ture male marine mammal. such devices used for body support or restraint when transporting marine § 14.132 Food and water. mammals such as cetaceans or sire- A marine mammal shall not be trans- nians shall meet the following require- ported for more than a period of 36 ments: hours without being offered suitable (1) The devices shall not prevent at- food unless the shipper’s written in- tendants from having access to the structions or the shipper’s attendant mammal to administer care during travelling with the mammal direct transportation; otherwise. After feeding, a marine (2) The devices shall be equipped with mammal shall be rested for 6 hours sufficient padding to prevent trauma or prior to resuming transport. injury at points of contact with the mammal’s body; § 14.133 Care in transit. (3) Slings or harnesses shall allow (a) Any marine mammal shall be ac- free movement of flippers outside of companied, in the same conveyance, by the harness or sling; the shipper or an authorized represent- (4) The devices shall be capable of ative of the shipper knowledgeable in preventing the mammal from thrash- marine mammal care to provide for the ing about and causing injury to itself, animal’s health and well-being. The handlers, or other persons, but shall be shipper or representative shall observe designed so as not to cause injury to such marine mammals to determine the mammal. whether or not they need veterinary (c) A primary enclosure used to care and shall provide or obtain any transport marine mammals shall be needed veterinary care as soon as pos- large enough to assure the following: sible. Care during transport shall in- (1) A sea otter or polar bear has suffi- clude the following (on a species-spe- cient space to turn about freely with cific basis): all four feet on the floor and to sit in (1) Keeping the skin moist or pre- an upright position, stand, or lie in a venting the drying of the skin by such natural position; methods as covering with wet cloths, (2) A pinniped has sufficient space to spraying it with water or applying a lie in a natural position; nontoxic emollient; (3) If a sling, harness, or other sup- (2) Assuring that the pectoral flippers porting device is used, there are at (when applicable) are allowed freedom least 3 inches (7.5 centimeters) of clear- of movement at all times; ance between any body part and the (3) Making adjustments in the posi- primary enclosure; tion of the mammal when necessary to (d) A marine mammal may be re- prevent necrosis of the skin at weight stricted in its movements according to pressure points; and professionally accepted standards of (4) Calming the mammal to prevent care when freedom of movement would struggling, thrashing, and other activ- constitute a danger to the animal or to ity that may cause overheating or handlers or other persons. physical trauma. (e) All marine mammals contained in (b) Unless otherwise directed by a a given primary enclosure shall be of shipper or authorized representative, the same species and be maintained in at least one-half of the floor area in a compatible groups. A marine mammal primary enclosure used to transport that has not reached puberty shall not sea otters to the United States shall be transported in the same primary en- contain sufficient crushed ice or ice closure with an adult marine mammal water to provide each otter with mois- other than its mother. Socially depend- ture necessary to maintain its hair ent animals (e.g., siblings, mother, and coat by preventing it from drying and offspring) transported in the same con- to minimize soiling of the hair coat veyance shall be allowed visual and, with urine and fecal material. when appropriate for the species, olfac- (c) A marine mammal exhibiting ex- tory contact. A female marine mam- cited or otherwise dangerous behavior

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shall not be taken from its primary en- horns or tusks shall be designed and closure except under extreme emer- constructed to prevent the horns or gency conditions and then only by the tusks from becoming trapped or injur- shipper or other authorized individual ing the animal itself, other animals who is capable of handling the animal nearby, attendants, or cargo handlers. safely. (e) A primary enclosure for an elephant or ungulate shall be equipped SPECIFICATIONS FOR ELEPHANTS AND with a removable water trough that UNGULATES can be securely hung within the 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 SPECIFICATIONS FOR SLOTHS, BATS, AND antlers have been shed or surgically re- FLYING LEMURS (CYNOCEPHALIDAE) moved.

§ 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 area of each ventilated wall. When ven- area of the ventilated wall. When ventilation openings are located on all tilation openings are located on all four walls of the primary enclosure, four walls, the openings shall comprise the openings shall comprise at least 8 at least 8 percent of the total surface percent of the total surface area of area of each wall. At least one-third of each wall. At least one-third of the the total minimum area required for minimum area required for ventilation ventilation of the primary enclosure shall be located on the lower one-half shall be located on the upper one-half of the primary enclosure and at least of the primary enclosure. one-third of the total minimum area (b) No more than one sloth, bat, or required for ventilation shall be lo- flying lemur (Cynocephalidae) shall be cated on the upper one-half of the primary enclosure. transported in a primary enclosure. (b) No more than one elephant or However, a mother and her nursing ungulate shall be transported in a pri- young being transported for medical mary enclosure, except that: a mother reasons, an established male-female and nursing young may be shipped in pair, a family group, a pair of juvenile the same primary enclosure if the ship- animals that have not reached puberty, ment complies with the provisions of or other small groups of animals that § 14.105(b); in the case of land or sea have been habitually housed together transport, a pair of juvenile elephants may be shipped in the same primary or ungulates or other pairs that have enclosure. been habitually housed together may (c) A primary enclosure used to be shipped in the same primary enclo- transport sloths, bats, or flying lemurs sure. shall be large enough to ensure that (c) A primary enclosure used to each animal has sufficient space to transport an elephant or ungulate shall move freely and in a normal manner be large enough to allow the animal to and shall have a wide perch, bar, or lie or stand in a natural upright posi- mesh of suitable strength fitted under tion with the head extended, but not the top of the enclosure and spaced large enough for the animal to roll from it in such a way that the animals over. may hang from it freely in a natural (d) A primary enclosure used to position. transport an elephant or ungulate with

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

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the perches without touching the top § 14.251 What other regulations may of the enclosure. apply? (c) An enclosure used to transport The provisions of this subpart are in one or more birds that rest by perching addition to, and are not in place of, shall be large enough to ensure that other regulations of this subchapter B sufficient perch space is available for that may require a permit or describe all birds to perch comfortably at the additional restrictions or conditions same time. No more than 50 birds that for the importation, exportation, rest by perching shall be transported in transportation, sale, receipt, acquisi- one primary enclosure, with the exception, or purchase of wildlife in inter- tion of large birds (longer than 23 cm, state or foreign commerce. or 9 inches), which are limited to a maximum of 25 per primary enclosure. § 14.252 What definitions do I need to (d) A primary enclosure used to know? transport a raptorial bird shall be large In addition to the definitions con- enough to transport the bird com- tained in part 10 of this subchapter, fortably and to permit it to turn and unless the context otherwise re- around without stretching its wings to quires, in this subpart: the fullest extent. Only one raptorial Accredited wildlife sanctuary means a bird shall be contained in a primary en- facility that cares for live specimens of closure. one or more of the prohibited wildlife (e) A primary enclosure containing species and: nonraptorial birds that do not rest by (1) Is approved by the United States perching shall be large enough for the Internal Revenue Service as a corpora- birds to turn around, to lie down, to tion that is exempt from taxation stand erect, and to change posture in a under § 501(a) of the Internal Revenue normal manner. Code of 1986, which is described in (f) Nectar-feeding birds shall either §§ 501(c)(3) and 170(b)(1)(A)(vi) of that be transported in a primary enclosure code; equipped with feeding bottles acces- (2) Does not commercially trade in sible from outside the enclosure for re- prohibited wildlife species, including plenishment or hand-carried and fed in offspring, parts, and products; accordance with the written instruc- (3) Does not propagate any of the pro- tions of the shipper. hibited wildlife species; and (g) Birds transported in the same pri- (4) Does not allow any direct contact mary enclosure shall be of the same between the public and the prohibited species and be compatible with one an- wildlife species. other. Birds that are incompatible Direct contact means any situation in shall be placed in individual primary which any individual other than an au- enclosures and these enclosures shall thorized keeper or caregiver may po- not be stored or transported in visual tentially touch or otherwise come into proximity to one another. physical contact with any live specimen of the prohibited wildlife species. Licensed person means any individual, Subpart K—Captive Wildlife Safety facility, agency, or other entity that Act holds a valid license from and is inspected by the U.S. Department of Ag- SOURCE: 72 FR 45946, Aug. 16, 2007, unless riculture’s Animal and Plant Health otherwise noted. Inspection Service (APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. § 14.250 What is the purpose of these 2131 et seq.) (See definition of ‘‘li- regulations? censee’’ in 9 CFR 1.1.). The regulations in this subpart im- Prohibited wildlife species means a plement the Captive Wildlife Safety specimen of any of the following eight Act (CWSA), 117 Stat. 2871, which species: Lion (Panthera leo), tiger amended the Lacey Act Amendments (Panthera tigris), leopard (Panthera of 1981, 16 U.S.C. 3371–3378, by adding pardus), snow leopard (Uncia uncia), paragraphs 2(g), 3(a)(2)(C), and 3(e) (16 clouded leopard (Neofelis nebulosa), jag- U.S.C. 3371, 3372). uar (Panthera onca), cheetah (Acinonyx

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jubatus), and cougar (Puma concolor) or § 14.255 Are there any exemptions to any hybrids resulting from the breed- the restrictions contained in these ing of any combination of any of these regulations? species, for example, a liger (a male The prohibitions of § 14.253 do not lion and a female tiger) or a tiglon (a apply to: male tiger and a female lion), whether (a) A licensed person or registered naturally or artificially produced. person; Propagate means to allow or facili- (b) A State college, university, or tate the production of offspring of any agency; of the prohibited wildlife species, by (c) A State-licensed wildlife any means. rehabilitator; Registered person means any indi- (d) A State-licensed veterinarian; (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 con- sons who are exempt from the prohibi- tained in these regulations? tions 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. PART 15—WILD BIRD CONSERVATION ACT § 14.254 What are the requirements contained in these regulations? Subpart A—Introduction and General In order to qualify for the exemption Provisions in § 14.255, an accredited wildlife sanc- Sec. tuary must maintain complete and ac- 15.1 Purpose of regulations. curate records of any possession, trans- 15.2 Scope of regulations. portation, acquisition, disposition, im- 15.3 Definitions. portation, or exportation of the prohib- 15.4 Information collection requirements. ited wildlife species covered by the Subpart B—Prohibitions and Requirements CWSA. These records must be up to date, and must include the names and 15.11 Prohibitions. addresses of persons to or from whom 15.12 Requirements. any prohibited wildlife species has been acquired, imported, exported, pur- Subpart C—Permits and Approval of Cooperative Breeding Programs chased, sold, or otherwise transferred; and the dates of these transactions. 15.21 General application procedures. The accredited wildlife sanctuary must 15.22 Permits for scientific research. maintain these records for 5 years, 15.23 Permits for zoological breeding or dis- must make these records available to play programs. 15.24 Permits for cooperative breeding. Service officials for inspection at rea- 15.25 Permits for personal pets. sonable hours, and must copy these 15.26 Approval of cooperative breeding pro- records for Service officials, if re- grams. quested. In addition, by declaring itself to be accredited under this subpart, a Subpart D—Approved List of Species Listed wildlife sanctuary agrees to allow ac- in the Appendices to the Convention cess to its facilities and its prohibited 15.31 Criteria for including species in the wildlife specimens by Service officials approved list for captive-bred species. at reasonable hours. 15.32 Criteria for including species in the approved list for non-captive-bred species. 15.33 Species included in the approved list.

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Subpart E—Qualifying Facilities Breeding offspring thereof, but does not include Exotic Birds in Captivity domestic poultry, dead sport-hunted birds, dead museum specimens, dead 15.41 Criteria for including facilities as qualifying for imports. [Reserved] scientific specimens, products manu- 15.42 List of foreign qualifying breeding fa- factured from such birds, or birds in cilities. [Reserved] any of the following families: Phasianidae. Numididae, Cracidae, Subpart F—List of Prohibited Species Not Meleagrididae, Megapodiidae, Listed in the Appendices to the Con- Anatidae, Struthionidae Rheidae, vention Dromaiinae, and Gruidae. 15.51 Criteria for including species and Indigenous means a species that is countries in the prohibited list. [Re- naturally occurring, not introduced as served] a result of human activity, and that 15.52 Species included in the prohibited list. currently regularly inhabits or breeds [Reserved] in the 50 States or the District of Co- 15.53 Countries of export included in the prohibited list. [Reserved] lumbia. Life cycle means the annual processes AUTHORITY: 16 U.S.C. 4901–4916. involved with breeding, migration, and SOURCE: 58 FR 60536, Nov. 16, 1993, unless all other non-breeding activities. otherwise noted. Person means an individual, corporation, partnership, trust, association, or Subpart A—Introduction and any other private entity; or any offi- General Provisions cer, employee, agent, department, or instrumentality of the Federal Govern- § 15.1 Purpose of regulations. ment, of any State, municipality, or The regulations in this part imple- political subdivision of a State, or of ment the Wild Bird Conservation Act any foreign government; any State, of 1992, Pub. L. 102–440, 16 U.S.C. 4901– municipality, or political subdivision 4916. of a State; or any other entity subject to the jurisdiction of the United § 15.2 Scope of regulations. States. (a) The regulations in this part apply Species means any species, any sub- to all species of exotic birds, as defined species, or any district population seg- in section 15.3. ment of a species or subspecies, and in- (b) The provisions in this part are in cludes hybrids of any species or sub- addition to, and are not in lieu of, species. Hybrids will be treated accord- other regulations of this subchapter B ing to the more restrictive appendix or that may require a permit or prescribe additional restrictions or conditions category in which either parental spe- for the import, export, reexport, and cies is listed. transportation of wildlife. Status means a qualitative measure of the vulnerability to extinction or ex- § 15.3 Definitions. tirpation of a population at a given In addition to the definitions con- time (e.g., endangered, threatened, vul- tained in parts 10 and 23 of this sub- nerable, non-threatened, or insuffi- chapter B, and unless the context re- ciently known). quires otherwise, in this part: Sustainable use means the use of a Documentation means a description of species in a manner and at a level such how scientific information was col- that populations of the species are lected, including the methodologies maintained at biologically viable levels used; names and institutions of individ- for the long term and involves a deter- uals conducting the work; dates and lo- mination of the productive capacity of cations of any study; and any published the species and its ecosystem, in order results or reports from the work. to ensure that utilization does not ex- Exotic bird means any live or dead ceed those capacities or the ability of member of the Class Aves that is not the population to reproduce, maintain indigenous to the 50 States or the Dis- itself and perform its role or function trict of Columbia, including any egg or in its ecosystem.

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Trend means a long-term assessment Subpart B—Prohibitions and of any change in the absolute or rel- Requirements ative size of a species’ population or habitat over time (e.g., increasing, de- § 15.11 Prohibitions. creasing, at equilibrium, insufficiently (a) Except as provided under a permit known). issued pursuant to subpart C of this United States means the 50 States, the part, it is unlawful for any person sub- District of Columbia, the Common- ject to the jurisdiction of the United wealth of Puerto Rico, American States to commit, attempt to commit, Samoa, the Virgin Islands, Guam, the to solicit another to commit, or to Commonwealth of the Northern Mar- cause to be committed, any of the acts iana Islands, and the Trust Territory of described in paragraphs (b) through (f) the Pacific Islands. of this section in regard to any exotic bird. [58 FR 60536, Nov. 16, 1993, as amended at 61 (b) It is unlawful to import into the FR 2091, Jan. 24, 1996] United States any exotic bird species listed in the Appendices to the Conven- § 15.4 Information collection requirements. tion that is not included in the approved list of species, pursuant to sub- (a) The Office of Management and part D of this part, except that this Budget approved the information col- paragraph (b) does not apply to any ex- lection requirements contained in this otic bird that was bred in a foreign part 15 under 44 U.S.C. 3507 and as- breeding facility listed as qualifying signed OMB Control Number 1018–0093. pursuant to subpart E of this part. The Service may not conduct or spon- (c) It is unlawful to import into the sor, and you are not required to re- United States any exotic bird species spond, to a collection of information not listed in the Appendices to the unless it displays a currently valid Convention that is listed in the prohib- OMB control number. We are collecting ited species list, pursuant to subpart F this information to provide informa- of this part. tion necessary to evaluate permit ap- (d) It is unlawful to import into the plications. We will use this informa- United States any exotic bird species tion to review permit applications and from any country included in the pro- make decisions, according to criteria hibited country list, pursuant to sub- established in various Federal wildlife part F of this part. (e) It is unlawful to import into the conservation statutes and regulations, United States any exotic bird species on the issuance, suspension, revoca- from a qualifying facility breeding ex- tion, or denial of permits. You must re- otic birds in captivity, listed pursuant spond to obtain or retain a permit. to subpart E of this part, if the exotic (b) We estimate the public reporting bird was not captive-bred at the listed burden for these reporting require- facility. ments to vary from 1 to 4 hours per re- (f) It is unlawful for any person sub- sponse, with an average of 2 hours per ject to the jurisdiction of the United response, including time for reviewing States to engage in any activity with instructions, gathering and maintain- an exotic bird imported under a permit ing data, and completing and reviewing issued pursuant to this part that vio- the forms. Direct comments regarding lates a condition of said permit. the burden estimate or any other as- [58 FR 60536, Nov. 16, 1993, as amended at 59 pect of these reporting requirements to FR 62255, Dec. 2, 1994] the Service’s Information Collection Clearance Officer at the address pro- § 15.12 Requirements. vided at 50 CFR 2.1(b). (a) No person shall import into the [63 FR 52634, Oct. 1, 1998, as amended at 79 FR United States any exotic bird except as 43964, July 29, 2014] may be permitted under the terms of a valid permit issued pursuant to the provisions of subpart C of this part and 50 CFR part 13, or in accordance with

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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 applicable; (a) The Director may issue a permit (3) If the exotic bird was bred in cap- authorizing the importation of exotic tivity, include: birds otherwise prohibited by § 15.11, in accordance with the issuance criteria (i) Documents or other evidence that the bird was bred in captivity, includ- of this subpart, for the following pur- ing the name and address of the breed- poses only: Scientific research; zoolog- er, and when known, hatch date and ical breeding or display programs; co- identity of the parental birds; and operative breeding programs designed (ii) If the applicant is not the breed- to promote the conservation and main- er, documentation showing the bird tenance of the species in the wild; or was acquired from a breeder and a his- personally owned pets accompanying tory of multiple transactions, if appli- persons returning to the United States cable: after being out of the country for more (4) A statement of the reasons the ap- than 1 year. plicant is justified in obtaining a per- (b) Additional requirements as indi- mit, and a complete description of the cated in parts 13, 14, 17, 21, and 23 of scientific research to be conducted on this subchapter must also be met. the exotic bird requested, including: (c) A person wishing to obtain a per- (i) Formal research protocol with mit under this subpart or approval of timetable; cooperative breeding programs under (ii) The relationship of such research this subpart submits an application to to the conservation of the species in the attention of the Director, U.S. Fish the wild; and Wildlife Service, at the address (iii) A discussion of possible alter- listed for the Division of Management natives and efforts to obtain birds from Authority at 50 CFR 2.1(b). Each appli- other sources; and cation must contain the general infor- (iv) Plans for disposition of the ex- mation and certification required in otic birds and any progeny upon com- § 13.12(a) of this subchapter, and all of pletion of the research project; the information specified in the appli- (5) Qualifications of the scientific cable section §§ 15.22 through 15.26. personnel conducting the proposed re- [58 FR 60536, Nov. 16, 1993, as amended at 63 search, including applicable experience FR 52634, Oct. 1, 1998; 79 FR 43964, July 29, and a description of relevant past re- 2014] search conducted;

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(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 num- (1) A description of the exotic bird(s) ber of birds to be housed in each; and to be imported, including: (iii) Husbandry practices. (i) The common and scientific names (b) Issuance criteria. Upon receiving of the species, number, age or age an application completed in accordance class, and, when known, sex; and with paragraph (a) of this section, the (ii) A statement as to whether, at the Director will decide whether or not a time of the application, the exotic bird permit should be issued. In making this is still in the wild, has already been re- decision, the Director shall consider, in moved from the wild, or was bred in addition to the general criteria in part captivity; 13 of this subchapter, the following fac- (2) If the exotic bird is in the wild or tors; was taken from the wild include: (1) Whether the purpose of the scientific 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; bred in captivity or was (or will be) (3) If the exotic bird was bred in cap- taken from the wild, taking into con- tivity, include: sideration the conservation status of (i) Documents or other evidence that the species in the wild; the bird was bred in captivity, includ- (3) Whether the permit, if issued, ing the name and address of the breed- would conflict with any known pro- er, and when known, identity of the pa- gram intended to enhance the survival rental birds, and hatch date; and of the population from which the ex- (ii) If the applicant is not the breed- otic bird was or would be removed; er, documentation showing the bird (4) Whether the research for which was acquired from a breeder and a his- the permit is required has scientific tory of multiple transactions, if appli- merit; cable; (5) Whether the expertise, facilities, (4) A statement of the reasons the ap- or other resources available to the applicant is justified in obtaining a per- plicant appear adequate for proper care mit, and a complete description of the and maintenance of the exotic bird and breeding or display program to be con- to successfully accomplish the research ducted with the exotic bird requested, objectives stated in the application. including: (c) Permit conditions. In addition to (i) A breeding or education protocol the general conditions set forth in part that provides information on edu- 13 of this subchapter, every permit cational materials on the ecology and/ issued under this section shall be sub- or conservation status of the species ject to special conditions as the Direc- provided to the general public; tor may deem appropriate. (ii) Plans, if any, for developing or (d) Duration of permits. The duration maintaining a self-sustaining popu- of the import permits issued under this lation of the exotic bird species in cap- section shall be designated on the face tivity; of the permit, but in no case will these (iii) A statement on efforts to obtain permits be valid for longer than one birds from alternative sources or year. sources within the United States;

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(iv) The relationship of such a breed- plicant appear adequate for proper care ing or display program to the conserva- and maintenance of the exotic bird and tion of the species in the wild; and to successfully accomplish the zoolog- (v) Plans for disposition of the exotic ical breeding or display objectives stat- birds and any progeny. ed in the application. (5) A description of the care and (c) Permit conditions. In addition to maintenance of the exotic bird, and the general conditions set forth in part how the facility meets professionally 13 of this subchapter, every permit recognized standards of the public dis- issued under this section shall be sub- play community, including: ject to special conditions as the Direc- (i) The name and address of the facil- tor may deem appropriate. ity where the exotic bird will be main- (d) Duration of permits. The duration tained; of the import permits issued under this (ii) Dimensions of existing enclosures section shall be designated on the face for the birds to be imported and num- of the permit, but in no case will these ber of birds to be housed in each; permits be valid for longer than one (iii) Husbandry practices; year. (6) A history of the zoological facility’s breeding programs with the same § 15.24 Permits for cooperative breed- or similar species, including: ing. (i) Participation in any cooperative 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: (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 still in the (1) Whether the zoological breeding wild or was taken from the wild in- or display program is adequate to jus- clude; tify removing the exotic bird from the (i) The country and region where the wild or otherwise changing its status; removal will occur or occurred; (2) Whether the proposed import (ii) A description of the status of the would be detrimental to the survival of species in the region of removal; and the exotic bird species in the wild, including whether the exotic bird was (iii) A copy of any foreign collecting bred in captivity or was (or will be) permit or authorizing letter, if applica- taken from the wild, taking into con- ble; sideration the conservation status of (3) If the exotic bird was bred in cap- the species in the wild; tivity, include; (3) Whether the permit, if issued, (i) Documents or other evidence that would conflict with any known pro- the bird was bred in captivity, includ- gram intended to enhance the survival ing the name and address of the breed- of the population from which the ex- er, when known, the identity of the pa- otic bird was or would be removed; rental birds and hatch date; and (4) Whether the breeding or display (ii) If the applicant is not the breed- program for which the permit is re- er, documentation showing the bird quired has conservation merit; and was acquired from the breeder and a (5) Whether the expertise, facilities history of multiple transactions, if ap- or other resources available to the applicable;

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(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; (i) A statement of the role of the ex- (3) Whether the cooperative breeding otic bird in a breeding protocol; program for which the permit is re- (ii) A plan for maintaining a self-sus- quired would be likely to enhance or taining captive population of the ex- promote the conservation of the exotic otic bird species; bird species in the wild or result in a (iii) Details on recordkeeping; and self-sustaining population of the exotic (iv) Plans for disposition of the ex- bird species in captivity; and otic birds and any progeny produced (4) Whether the expertise, facilities, during the course of this program. or other resources available to the ap- (6) A statement outlining the appli- plicant appear adequate for proper care cant’s attempts to obtain the exotic and maintenance of the exotic birds bird in a manner that would not cause and to successfully accomplish the co- its removal from the wild, and at- operative breeding objectives stated in tempts to obtain the specimens of the the application. exotic bird species from stock available (c) Permit conditions. In addition to in the United States; the general conditions set forth in part (7) A description of the care and 13 of this subchapter, every permit maintenance of the exotic bird, and issued under this section shall be sub- how the facility meets professionally ject to special conditions as the Direc- recognized standards, including; tor may deem appropriate. (i) The name and address of the facil- (d) Duration of permits. The duration ity where the exotic bird will be main- of the import permits issued under this tained; section shall be designated on the face (ii) Dimensions of existing enclosures of the permit, but in no case will these for birds to be imported and number of permits be valid for longer than one birds to be housed in each; and year. (iii) Husbandry practices; (8) A history of the applicant’s past § 15.25 Permits for personal pets. participation in cooperative breeding programs with the same or similar spe- (a) Application requirements for per- cies, including; sonal pets not intended for sale. No indi- (i) Breeding and inventory records for vidual may import more than two ex- at least the last two years; otic birds as pets in any year. Each ap- (ii) Hatching, survival, and mortality plication shall provide the following records; information and such other informa- (iii) Causes of any mortalities and ef- tion that the Director may require: forts made to correct any problems. (1) A description of the exotic bird to (b) Issuance criteria. Upon receiving be imported, including; an application completed in accordance (i) The common and scientific names, with paragraph (a) of this section, the number, age, and, when known, sex;

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(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: statement with name and address of (1) A description of the exotic bird(s) breeder, date of sale or transfer, species to be imported or to be covered under and hatch date. the program, including the common (b) Issuance criteria. Upon receiving and scientific names of the species, an application completed in accordance number, sex ratio (if applicable), and with paragraph (a) of this section, the age class; Director will decide whether or not a (2) A statement of the reasons the ap- permit should be issued. In making this plicant is justified in obtaining this ap- decision, the Director shall consider, in proval, and a description of the cooper- addition to the general criteria in part ative breeding program requested for 13 of this subchapter, the following fac- the exotic bird species, including: tors: (i) A breeding protocol, including a (1) Whether the proposed import genetic management plan and breeding would be detrimental to the survival of methods; the exotic bird species in the wild; (ii) A statement on the plans for de- (2) Whether the exotic bird to be im- veloping and maintaining a self-sus- ported is a personal pet owned by the taining population in captivity of the applicant, who has continuously re- exotic bird species; sided outside the United States for a (iii) Details on the system of record- minimum of one year, and who has no keeping and tracking of birds and their intention to sell the bird; and progeny, including how individual (3) Whether the number of exotic specimens will be marked or otherwise birds imported in the previous 12 identified; months by the applicant does not ex- (iv) A statement on the relationship ceed two. of such a breeding program to the con- (c) Permit conditions. In addition to servation of the exotic bird species in the general conditions set forth in part the world; 13 of this subchapter, every permit (v) Details on the funding of this pro- issued under this section shall be sub- gram; and

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(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 with paragraph (a) of this section, the sale or transfer, death, or escape, and Director will decide whether or not a breeding success. These records shall cooperative breeding program should be made available to the Service on re- be approved. In making this decision, quest and when renewing an approval. the Director shall consider, in addition (e) Duration of approval. Cooperative to the general criteria in part 13 of this breeding programs shall be approved subchapter, the following factors: for two years, at which time applicants (1) Whether the cooperative breeding may apply to the Service for renewal of program for which the approval is re- a program’s approval. Applications for quested is adequate to justify removing renewal of approval shall comply with the exotic bird from the wild or other- the general conditions set forth in part wise changing its status; 13 of this subchapter. (2) Whether the granting of this approval would be detrimental to the sur- Subpart D—Approved List of Spe- vival of the exotic bird species in the cies Listed in the Appendices wild, including whether the exotic to the Convention birds were bred in captivity or will be taken from the wild, taking into con- SOURCE: 59 FR 62262, Dec. 2, 1994, unless sideration the conservation status of otherwise noted. the species in the wild; (3) Whether the granting of this ap- § 15.31 Criteria for including species proval would conflict with any known in the approved list for captive- program intended to enhance the sur- bred species. vival of the population from which the The Director will periodically review exotic bird species was or would be re- the list of captive-bred exotic bird spe- moved; cies in paragraph 15.33(a), for which im- (4) Whether the cooperative breeding portation into the United States is ap- program for which the permit is re- proved. Any exotic bird species listed quested would be likely to enhance or in paragraph 15.33(a) pursuant to this

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section must meet all of the following (iv) A summary, from the country of criteria: export’s Management Authority, of the (a) All specimens of the species country’s infrastructure and law en- known to be in trade (legal or illegal) forcement and monitoring mechanisms are captive-bred; designed to ensure both enforcement of (b) No specimens of the species are and compliance with the requirements known to be removed from the wild for of the management plan, and that the commercial purposes; number of birds removed from the wild (c) Any importation of specimens of or exported will be consistent with the the species would not be detrimental to management plan; the survival of the species in the wild; (v) Recent information on the dis- and tribution of the species within the (d) Adequate enforcement controls country of export, including scientific are in place to ensure compliance with references and maps, and historical in- paragraphs (a) through (c) of this sec- formation on distributions, if relevant; tion. and § 15.32 Criteria for including species (vi) The species’ status and its cur- in the approved list for non-captive- rent population trend in the country of bred species. export, including scientific references Upon receipt of a completed sustain- and copies of the most recent non-det- able use management plan for a coun- riment findings made by the exporting try of export, the Director may ap- country’s Scientific Authority. prove a species listed in Appendices II (2) Habitat information, including: or III of the Convention for importa- (i) A general description of habitats tion from that country. Such approval used by the species for each portion of shall be granted in accordance with the the life cycle completed within the issuance criteria of this section. All ap- country of export; proved species and countries of export (ii) Recent information on the size will be listed in section 15.33. and distribution of these habitats (a) Requirements for scientifically-based throughout the country of export and sustainable use management plans. Sus- in each area or region of take, includ- tainable use management plans devel- ing scientific references and maps. The oped by the country of export should be approximate location of any reserves submitted for species which breed in that provide protection for this species the country of export. If the species should be indicated on the accom- does not breed in the country of export, panying map(s), along with a brief de- the Service will consider sustainable scription of how reserves are protected use management plans only when the and how that protection is enforced; plan is scientifically valid and nesting (iii) Status and trends of the impor- (breeding) information can be provided tant habitats used by the species in the from countries in which the species country of export as a whole whenever breeds. Sustainable use management available and within each area or re- plans shall include the following infor- gion of take, including scientific ref- mation, and any other information erences; that may be appropriate: (1) Background information, includ- (iv) Factors, including management ing the following: activities, favoring or threatening the (i) The scientific and common name species’ habitat in the foreseeable fu- of the species; ture within each area or region of take, (ii) Letters from the country of ex- and throughout the country of export port’s Management and Scientific Au- whenever available, including sci- thorities transmitting the manage- entific references; and ment plan of this species; (v) A list of management plans that (iii) A summary of the country of ex- have been or are being planned, devel- port’s legislation related to this species oped, or implemented for the species’ and legislation implementing the Con- important habitats, if any. vention, and, where appropriate, a (3) Information on the role of the spe- summary of implementing regulations; cies in its ecosystem, including:

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(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 (iv) Information on any species or (ii) The estimated number of birds plant community which is dependent that will be removed from the wild on the occurrence of the exotic bird from each area of take each year for all species. purposes (export trade, domestic trade, (4) Population dynamics of the spe- illegal trade, and subsistence use), in- cies, including: cluding a description of age-classes (i) Recent population data for the (nestlings, fledglings, sub-adults, population of the species in the coun- adults, all classes), when applicable; try of export, as derived from indices of (iii) For the projected take addressed relative abundance or population esti- in the management plan, a description mates, along with documentation for of the removal process, including, but each estimate; not limited to, locations, time of year, (ii) Within each area or region of capture methods, means of transport, take, documentation for recent popu- and pre-export conditioning; lation data or estimates, conducted for (iv) Documentation of how each pro- at least 3 separate years or 1 year with jected level of take was determined; a description of survey plans for future (v) Explanation of infrastructure and years. These population assessments law enforcement and monitoring mech- should have been conducted during the anisms that ensure compliance with same season (breeding or non-breeding) the methodology in the management of each year for which documentation plan and that the species will be re- is submitted (i.e., be methodologically moved at a level that ensures sustain- comparable—both temporally and spa- able use; and tially); (vi) Description of how species in (iii) Within each area or region of each area or region of take will be take, a scientific assessment (with doc- monitored in order to determine umentation) of recent reproductive whether the number and age classes of (nesting) success. This assessment birds taken is sustainable. should include information on the number of young produced per egg-lay- (6)(i) For species that are considered ing female per year or per nesting pair, ‘‘pests’’ in the country of origin: docu- or if scientifically appropriate for the mentation that such a species is a pest, species to be exported, estimates on including a description of the type of the number of young produced per year pest,—e.g., agricultural, disease car- from pre-breeding and post-breeding rier; a description of the damage the surveys conducted within the same an- pest species causes to its ecosystem; nual cycle; and a description of how the sustain- (iv) Within each area or region of able use management plan controls take, estimation (with documentation) population levels of the pest species. of annual mortality or loss including (ii) For non-pest species: A descrip- natural mortality and take for subsist- tion of how the sustainable use man- ence use, export trade, and domestic agement plan promotes the value of trade in each area of take; or the species and its habitats. Incentives (v) When appropriate, information for conservation may be generated by (with documentation) on the number of environmental education, cooperative

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

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(a) of this section. Each notice shall in- § 15.33 Species included in the ap- vite the submission from interested proved list. parties of written data, views, or argu- (a) Captive-bred species. The list in ments with respect to the proposed approval. this paragraph includes species of cap- (d) Duration of approval. A species and tive-bred exotic birds for which impor- country of export listed in section 15.33 tation into the United States is not as approved shall be approved for 3 prohibited by section 15.11. The species years, at which time renewal of ap- are grouped taxonomically by order. proval shall be considered by the Serv- ice. [61 FR 2091, Jan. 24, 1996]

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. 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.

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Species Common name

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 16.14 Importation of live or dead amphib- in this paragraph includes species of ians or their eggs. non-captive-bred exotic birds and coun- 16.15 Importation of live reptiles or their tries for which importation into the eggs. United States is not prohibited by sec- Subpart C—Permits tion 15.11. The species are grouped taxonomically by order, and may only be 16.22 Injurious wildlife permits. imported from the approved country, except as provided under a permit Subpart D—Additional Exemptions issued pursuant to subpart C of this 16.32 Importation by Federal agencies. part. 16.33 Importation of natural-history speci- [59 FR 62262, Dec. 2, 1994, as amended at 61 mens. FR 2093, Jan. 24, 1996; 82 FR 16540, Apr. 5, AUTHORITY: 18 U.S.C. 42. 2017] SOURCE: 39 FR 1169, Jan. 4, 1974, unless otherwise noted. Subpart E—Qualifying Facilities Breeding Exotic Birds in Captivity Subpart A—Introduction § 15.41 Criteria for including facilities as qualifying for imports. [Re- § 16.1 Purpose of regulations. served] The regulations contained in this part implement the Lacey Act (18 § 15.42 List of foreign qualifying breed- U.S.C. 42). ing facilities. [Reserved] § 16.2 Scope of regulations. Subpart F—List of Prohibited Spe- The provisions of this part are in ad- cies Not Listed in the Appen- dition to, and are not in lieu of, other dices to the Convention regulations of this subchapter B which may require a permit or prescribe addi- § 15.51 Criteria for including species tional restrictions or conditions for the and countries in the prohibited list. importation, exportation, and inter- [Reserved] state transportation of wildlife (see § 15.52 Species included in the prohib- also part 13). ited list. [Reserved] § 16.3 General restrictions. § 15.53 Countries of export included in Any importation or transportation of the prohibited list. [Reserved] live wildlife or eggs thereof, or dead fish or eggs or salmonids of the fish PART 16—INJURIOUS WILDLIFE family Salmonidae into the United States or its territories or possessions Subpart A—Introduction is deemed to be injurious or potentially injurious to the health and welfare of Sec. 16.1 Purpose of regulations. human beings, to the interest of for- 16.2 Scope of regulations. estry, agriculture, and horticulture, 16.3 General restrictions. and to the welfare and survival of the wildlife or wildlife resources of the Subpart B—Importation or Shipment of United States; and any such importa- Injurious Wildlife tion into or the transportation of live wildlife or eggs thereof between the 16.11 Importation of live wild mammals. 16.12 Importation of live wild birds or their continental United States, the District eggs. of Columbia, Hawaii, the Common- 16.13 Importation of live or dead fish, mol- wealth of Puerto Rico, or any territory lusks, and crustaceans, or their eggs. or possession of the United States by

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any means whatsoever, is prohibited § 16.12 Importation of live wild birds except for certain purposes and under or their eggs. certain conditions as hereinafter pro- (a) The importation, transportation, vided in this part: Provided, That the or acquisition is prohibited of any live provisions of this section shall not specimen or egg of (1) the species of so- apply to psittacine birds (see also called ‘‘pink starling’’ or ‘‘rosy pastor’’ §§ 16.32 and 16.33 for other exemptions). Sturnus roseus; (2) the species of dioch (including the subspecies black-front- Subpart B—Importation or ed, red-billed, or Sudan dioch) Quelea Shipment of Injurious Wildlife quelea; (3) any species of Java sparrow, Padda oryzivora; (4) the species of red- § 16.11 Importation of live wild mam- whiskered bul-bul, Pycnonotus jocosus: mals. Provided, That the Director shall issue permits authorizing the importation, (a) The importation, transportation, transportation, and possession of such or acquisition is prohibited of live live birds under the terms and condi- specimens of: (1) Any species of so- tions set forth in § 16.22. called ‘‘flying fox’’ or fruit bat of the (b) Upon the filing of a written dec- genus Pteropus; (2) any species of mon- laration with the District Director of goose or meerkat of the genera Atilax, Customs at the port of entry as re- Cynictis, Helogale, Herpestes, Ichneumia, quired under § 14.61, all species of live Mungos, and Suricata; (3) any species of wild game, birds may be imported, European rabbit of the genus transported, and possessed in captivity, Oryctolagus; (4) any species of Indian without a permit, for scientific, med- wild dog, red dog, or dhole of the genus ical, educational, exhibition, or propa- Cuon; (5) any species of multimammate gating purposes, and the eggs of such rat or mouse of the genus Mastomys; (6) birds may be imported, transported, any raccoon dog, Nyctereutes and possessed, without a permit, for procyonoides; and (7) any brushtail pos- propagating or scientific collection sum, Trichosurus vulpecula: Provided, purposes, but no such live wild game that the Director shall issue permits birds or any progeny thereof may be re- authorizing the importation, transpor- leased into the wild except by the tation, and possession of such mam- State wildlife conservation agency mals under the terms and conditions having jurisdiction over the area of re- set forth in § 16.22. lease or by persons having prior writ- (b) Upon the filing of a written dec- ten permission for release from such laration with the District Director of agency. Customs at the port of entry as re- (c) Upon the filing of a written dec- quired under § 14.61, all other species of laration with the District Director of live wild mammals may be imported, Customs at the port of entry as re- transported, and possessed in captivity, quired under § 14.61, all species of live, without a permit, for scientific, med- wild nongame birds (other than those ical, educational, exhibition, or propa- listed in paragraph (a) of this section) gating purposes, but no such live wild may be imported, transported, and pos- mammals or any progeny thereof may sessed in captivity, without a permit, for scientific, medical, educational, ex- be released into the wild except by the hibition, or propagating purposes, but State wildlife conservation agency no such live, wild nongame birds or any having jurisdiction over the area of re- progeny thereof may be released into lease or by persons having prior writ- the wild except by or under the direc- ten permission for release from such tion of State wildlife conservation agency: Provided, That the provisions agencies when such agencies have re- of this paragraph shall not apply to ceived prior written permission from live game mammals from Mexico, the the Director for such release: Provided, importation of which is governed by That the provisions of this paragraph regulations under part 14 of this chap- shall not apply to live bald and golden ter. eagles or to live migratory birds, the [39 FR 1169, Jan. 4, 1974, as amended at 47 FR importation of which is governed by 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002] regulations under parts 22 and 21 of

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

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(G) Phoxinus phoxinus (Eurasian min- and maintained in water free of fish now). pathogens until packed and shipped. (H) Pseudorasbora parva (stone Any ice or water used for shipping moroko). shall be from pathogen-free water. (I) Rutilus rutilus (roach). (b)(1) The certification to accompany (vi) Any live fish, gametes, viable importations as required by this sec- eggs, or hybrids of Lates niloticus (Nile tion shall consist of a statement in the perch), family Centropomidae. English language, printed or type- (vii) Any live fish, gametes, viable written, stating that this shipment of eggs, or hybrids of Perccottus glenii dead uneviscerated salmonid fish, live (Amur sleeper), family Odontobutidae. salmonid fish, or live, disinfected fer- (viii) Any live fish, gametes, viable tilized eggs or gametes of salmonid fish eggs, or hybrids of the following spe- has been tested, by the methods out- cies in family Percidae: lined in this section, and none of the (A) Perca fluviatilis (European perch). listed viruses were detected. The cer- (B) Sander lucioperca (zander). tification shall be signed in the coun- (ix) Any live fish, gametes, viable try of origin by a qualified fish pathol- eggs, or hybrids of Silurus glanis (wels ogist designated as a certifying official catfish), family Siluridae. by the Director. (x) Any live crustacean, gametes, via- (2) The certification must contain: ble eggs, or hybrids of Cherax destructor (i) The date and port of export in the (common yabby), family Parastacidae. country of origin and the anticipated (3) Notwithstanding § 16.32, all Fed- date of arrival in the United States and eral agencies shall be subject to the report of entry; quirements stated within this section. (ii) Surface vessel name or number or Live or dead uneviscerated salmonid air carrier and flight number; fish (family Salmonidae), live fertilized (iii) Bill of lading number or airway eggs, or gametes of salmonid fish are bill number; prohibited entry into the United States (iv) The date and location where fish, for any purpose except by direct ship- tissue, or fluid samples were collected; ment accompanied by a certification (v) The date and location where virus that: as defined in paragraph (e)(1) of assays were completed; and this section, the fish lots, from which (vi) The original handwritten signa- the shipments originated, have been ture, in ink, of the certifying official sampled; virus assays have been con- and his or her address and telephone ducted on the samples according to number. methods described in paragraphs (e)(2) (3) Certification may be substantially through (4); of this section; and in the following form: Oncorhynchus masou virus and the vi- I, llll, designated by the Director of ruses causing viral hemorrhagic septi- the U.S. Fish and Wildlife Service on llll cemia, infectious hematopoietic necro- (date), as a certifying official for llll sis, and infectious pancreatic necrosis (country), as required by Title 50, CFR 16.13, have not been detected in the fish do hereby certify that the fish lot(s) of origin stocks from which the samples were for this shipment of llll (weight in kilo- taken. In addition, live salmonid fish grams) dead uneviscerated salmonid fish, can be imported into the United States live salmonid fish, live salmonid fish eggs only upon written approval from the disinfected as described in § 16.13, or live salmonid gametes to be shipped under Director of the U.S. Fish and Wildlife llll (bill of lading number or airway bill Service. number), were sampled at llll (location (4) All live fish eggs of salmonid fish of fish facility) on llll (sampling date) must be disinfected within 24 hours and the required viral assays were completed prior to shipment to the United States. on llll (date assays were completed) at Disinfection shall be accomplished by llll (location where assays were con- immersion for 15 minutes in a 75 part ducted) using the methodology described in per million (titratable active iodine) § 16.13. I further certify that Oncorhynchus masou virus and the viruses causing viral non-detergent solution of hemorrhagic septicemia, infectious polyvinylpyrrolidone iodine (iodophor) hematopoietic necrosis, and infectious pan- buffered to a pH of 6.0 to 7.0. Following creatic necrosis have not been detected in disinfection, the eggs shall be rinsed viral assays of the fish lot(s) of origin.

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The shipment is scheduled to depart salmonid eggs, or salmonid gametes to llll (city and country) on llll (date), the United States. Sampling shall be via llll (name of carrier) with antici- on a lot-by-lot basis with the samples pated arrival at the port of llll (city), 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 (Printed name of certifying official) and age that originated from the same Date: llllllllllllllllllll discrete spawning population and that Organization employing certifying official: always have shared a common water Mailing address: lllllllllllllll supply. In the case of adult broodstock, City: lllllllllllllllllllll State/Province: lllllllllllllll various age groups of the same fish spe- Zip Code/Mail Code: lllllllllllll cies may be sampled as a single lot, Country: llllllllllllllllll provided they meet the other condi- Office telephone number: International code tions previously stated and have shared Telephone number lllllllllllll the same container(s) for at least 1 Fax number lllllllllllllllll year prior to the sampling date. (c) Nothing in this part shall restrict (ii) In a sample, or sub-sample of a the importation and transportation of given lot, collection of 10 or more mor- dead salmonid fish when such fish have ibund fish shall be given first pref- been eviscerated (all internal organs erence. The remainder of fish required removed, gills may remain) or filleted for collection shall be randomly se- or when such fish or eggs have been lected live fish from all containers oc- processed by canning, pickling, smok- cupied by the lot being sampled. Mori- ing, or otherwise prepared in a manner bund fish shall be collected and proc- whereby the Oncorhynchus masou virus essed separately from randomly se- and the viruses causing viral hemor- lected fish. In the event the sample is rhagic septicemia, infectious taken from adult broodstock of dif- hematopoietic necrosis, and infectious ferent ages that share the same con- pancreatic necrosis have been killed. tainer, first preference shall be given (d) Any fish caught in the wild in to collecting samples from the older North America under a valid sport or fish. commercial fishing license shall be ex- (iii) The minimum sample numbers empt from sampling and certification collected from each lot must be in ac- requirements and from filing the Dec- cordance with a plan that provides 95 laration for Importation of Wildlife. The Director may enter into formal percent confidence that at least one agreements allowing the importation fish, with a detectable level of infec- of gametes, fertilized eggs, live fish, or tion, will be collected and will be dead, uneviscerated fish without in- present in the sample if the assumed spection and certification of pathogen minimum prevalence of infection status, if the exporting Nation has an equals or exceeds 2 percent. A total of acceptable program of inspection and 150 fish collected proportionately from pathogen control in operation, can doc- among all containers shared by the lot ument the occurrence and distribution usually meets this requirement. A sam- of fish pathogens within its boundaries, pling strategy based on a presumed and can demonstrate that importation pathogen prevalence of 5 percent (60 of salmonid fishes into the United fish) may be used to meet sampling re- States from that National will not pose quirements for shipments of gametes, a substantial risk to the public and pri- fertilized eggs, or uneviscerated dead vate fish stocks of the United States. fish; provided that in the previous 2 (e) Fish sampling requirements, sample years no disease outbreaks caused by a processing, and methods for virus as- pathogen of concern have occurred at says—(1) Fish sampling requirements. (i) the facility from which the shipment Sampling for virus assays required by originated and all stocks held at the fa- this section must be conducted within cility have been inspected at least four the six (6) months prior to the date of times during that period (at intervals shipment of dead uneviscerated of approximately 6 months) and no salmonid fish, live salmonid fish, live pathogens of concern detected.

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(iv) Fish must be alive when col- ture medium (pH 7.4–7.8) containing lected and processed within 48 hours antibiotics and antifungal agents not after collection. Tissue and fluid sam- exceeding the concentrations described ples shall be stored in sealed, aseptic in paragraph (e)(2)(iii) of this section. containers and kept at 4 °Celsius (C.) or Centrifuge tissue suspensions and ovar- on ice but not frozen. ian fluid samples 4 °C. at 2,500 × gravity (v) Tissue collection shall be as fol- (g) (relative centrifugal force) for 15 lows: minutes. Resulting supernatant solu- (A) Sac Fry and fry to 4 centimeter tions can be stored overnight at 4 °C. (cm): Assay entire fish. If present, re- (vi) At the time of inoculation onto move the yolk sac. cell cultures, total dilution of proc- (B) Fish 4–6 cm: Assay entire visceral essed tissue samples must not exceed mass including kidney. 1:100 ((volume to volume) (v/v)); total (C) Fish longer than 6 cm: Assay kid- dilution of ovarian fluid samples must ney and spleen in approximately equal not exceed 1:20 (v/v). In samples inocu- weight proportions. lated onto cell cultures, the final anti- (D) Spawning adult broodstock: biotic concentration shall not exceed Assay kidney and spleen tissues from 100 μg/ml of Gentamicin, 100 IU/ml of males and/or females and ovarian fluid penicillin, or 100 μg/ml of streptomycin from females. Ovarian fluid may com- and antifungal agent concentrations prise up to 50 percent of the samples should not exceed 25 IU/ml of collected. mycostatin (Nystatin) or 2.5 μg/ml of (2) General sample processing require- amphotericin B (Fungizone). ments. (i) Ovarian fluid samples shall be (3) Cell culture procedures. (i) Both collected from each spawning female epithelioma papulosum cyprini (EPC) separately. All samples from individual and chinook salmon embryo (CHSE– fish shall be measured to ensure that 214) cell lines must be maintained and similar quantities from each fish are used in all virus assays. Susceptible, combined if samples are pooled. Ovar- normal appearing, and rapidly dividing ian fluid samples from no more than cell cultures shall be selected. Peni- five fish may be combined to form a cillin (100 IU/ml), streptomycin (100 μg/ pool. ml), and antifungal agents, such as (ii) Whole fry (less yolk sacs), mycostatin/Nystatin (25 IU/ml) or viscera, and kidney and spleen tissues amphotericin B/Fungizone (2.5 μg/ml), from no more than five fish may be are permitted in media used for cell similarly pooled. culture and virus assay work. (iii) Antibiotics and antifungal (ii) Cell cultures shall be seeded and agents may be added to ovarian fluid or grown, at optimum temperatures, to tissue samples to control microbial 80–90 percent confluence in 24-well contaminant growth at the time of plates for virus assay work. sample collection. Final concentra- (iii) Decant the medium from the re- tions shall not exceed 200–500 quired number of 24-well plates of each micrograms/milliliter (μg/ml) of cell line, and inoculate four replicate Gentamycin, 800 international units/ wells per cell line with .10 ml per well milliliter (IU/ml) of penicillin, or 800 of each processed sample. When all μg/ml of streptomycin. Antifungal wells have been inoculated, tilt plates agent concentrations should not exceed to spread the inocula evenly. Incubate 200 IU/ml of mycostatin (Nystatin) of 20 inoculated plates for 1 hour at 15 °C. for μg/ml of amphotericin B (Fungizone). sample contact. After the 1 hour con- (iv) Sample temperature must be tact add cell culture medium. Medium maintained between 4 at 15 °C. during shall be buffered or cells incubated so processing. Use separate sets of sterile that a pH between 7.4 and 7.8 is main- homogenization and processing equip- tained. All cell culture assays shall be ment to process fluids or tissues from incubated, without overlays, at 15 °C. each fish lot sampled. Processing for 21 days. equipment need not be sterilized be- (4) Virus identification by serological tween samples within a single lot. methods. All cell cultures showing (v) Homogenized tissue samples may cytopathic effects (CPE) must be sub- be diluted 1:10 with buffered cell cul- cultured onto fresh cell cultures. If

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CPE is observed, determine the pres- (4) Cynops ensicauda (sword-tailed ence and identity the virus by serum newt). neutralization, dot blot, enzyme-linked (5) Cynops fudingensis (Fuding fire- immunosorbent assay, or other equiva- bellied newt). lent serological technique. (6) Cynops glaucus (bluish grey newt, (f) Information concerning the im- Huilan Rongyuan). portation requirements of this section (7) Cynops orientalis (Oriental fire and application requirements for des- belly newt, Oriental fire-bellied newt). ignation as a certifying official for pur- (8) Cynops orphicus (no common poses of this section may be obtained name). by contacting the Division of Fish and (9) Cynops pyrrhogaster (Japanese Aquatic Conservation Programs at the newt, Japanese fire-bellied newt). address provided at 50 CFR 2.1(b) or by (10) Cynops wolterstorffi (Kunming telephone at 703–358–1878. Lake newt). (g) The information collection re- (11) Euproctus montanus (Corsican quirements contained in this part have brook salamander). been approved by the Office of Manage- (12) Euproctus platycephalus (Sar- ment and Budget under 44 U.S.C. 3501 et dinian brook salamander). seq. and assigned clearance number (13) Hydromantes ambrosii (Ambrosi 1018–0078. The information is being col- salamander). lected to inform U.S. Customs and (14) Hydromantes brunus (limestone USFWS inspectors of the contents, ori- salamander). gin, routing, and destination of fish (15) Hydromantes flavus (Mount Albo and eggs shipments and to certify that cave salamander). the fish lots were inspected for listed (16) Hydromantes genei (Sardinian pathogens. The information will be cave salamander). used to protect the health of the fish- (17) Hydromantes imperialis (imperial ery resource. Response is required to cave salamander). obtain a benefit. (18) Hydromantes italicus (Italian cave [58 FR 58979, Nov. 5, 1993, as amended at 65 salamander). FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, (19) Hydromantes platycephalus 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, (Mount Lyell salamander). Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR 43964, July 29, 2014; 81 FR 67899, Sept. 30, 2016] (20) Hydromantes sarrabusensis (no common name). § 16.14 Importation of live or dead am- (21) Hydromantes shastae (Shasta sala- phibians or their eggs. mander). (a) The importation, transportation, (22) Hydromantes strinatii or or acquisition of any live or dead speci- Speleomantes strinatii (French cave sala- men, including parts, but not eggs or mander, Strinati’s cave salamander). gametes, of the genera Chioglossa, (23) Hydromantes supramontis Cynops, Euproctus, Hydromantes, (Supramonte cave salamander). Hynobius, Ichthyosaura, Lissotriton, (24) Hynobius abei (Abe’s salamander). Neurergus, Notophthalmus, (25) Hynobius amakusaensis Onychodactylus, Paramesotriton, (Amakusa-sanshouo). Plethodon, Pleurodeles, Salamandra, (26) Hynobius amjiensis (Anji sala- Salamandrella, Salamandrina, Siren, mander). Taricha, Triturus, and Tylototriton, in- (27) Hynobius arisanensis (Arisan cluding but not limited to, the species hynobid). listed in this paragraph, is prohibited (28) Hynobius boulengeri (Odaigahara except as provided under the terms and salamander). conditions set forth at § 16.22 of this (29) Hynobius chinensis (Chinese sala- part: mander). (1) Chioglossa lusitanica (golden (30) Hynobius dunni (Oita sala- striped salamander). mander). (2) Cynops chenggongensis (Chenggong (31) Hynobius formosanus (Taiwan sal- fire-bellied newt). amander). (3) Cynops cyanurus (blue-tailed fire- (32) Hynobius fucus or Hynobius fuca bellied newt). (Taiwan lesser salamander).

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(33) Hynobius glacialis (Nanhu sala- (63) Lissotriton kosswigi (Triton mander). pontue de Kosswig). (34) Hynobius guabangshanensis (no (64) Lissotriton lantzi (no common common name). name). (35) Hynobius hidamontanus (Hakuba (65) Lissotriton montandoni (Carpa- salamander). thian newt). (36) Hynobius hirosei (no common (66) Lissotriton vulgaris (smooth newt). name). (67) Neurergus crocatus (no common (37) Hynobius katoi (Akaishi sansho- name). uo). (68) Neurergus derjugini or Neurergus (38) Hynobius kimurae (Hida sala- microspilotus (Kurdistan newt). mander). (69) Neurergus kaiseri (Lorestan newt, (39) Hynobius leechii (northeastern Luristan newt, emperor spotted newt, China hynobiid salamander). Zagros newt, Iranian harlequin newt, (40) Hynobius lichenatus (northeast kaiser newt). salamander). (70) Neurergus strauchii (no common (41) Hynobius maoershanensis (no com- name). mon name). (71) Notophthalmus meridionalis (42) Hynobius naevius (blotched sala- (black-spotted newt). mander). (72) Notophthalmus perstriatus (striped (43) Hynobius nebulosus (misty sala- newt). mander). (73) Notophthalmus viridescens (eastern (44) Hynobius nigrescens (black sala- newt). mander). (74) Onychodactylus fischeri (long- (45) Hynobius okiensis (Oki sala- tailed clawed salamander). mander). (75) Onychodactylus fuscus (Tadami clawed salamander). (46) Hynobius osumiensis (Osumi- (76) Onychodactylus intermedius sanshouo). (Bandai clawed salamander). (47) Hynobius quelpaertensis (no com- (77) Onychodactylus japonicus (Japa- mon name). nese clawed salamander). (48) Hynobius retardatus (Hokkaido (78) Onychodactylus kinneburi salamander). (Shikoku clawed salamander). (49) Hynobius shinichisatoi (Sobo- (79) Onychodactylus koreanus (Korai- sanshouo). Sansyouo). (50) Hynobius sonani (Sonan’s (80) Onychodactylus nipponoborealis hynobiid). (Riben Bei Zhaoni). (51) Hynobius stejnegeri (Bekko (81) Onychodactylus tsukubaensis Sansho-uo). (Tsukuba clawed salamander). (52) Hynobius takedai (Hokuriku (82) Onychodactylus zhangyapingi Sansho-uo). (Jilin Zhaoni). (53) Hynobius tokyoensis (Tokyo sala- (83) Onychodactylus zhaoermii mander). (Liaoning). (54) Hynobius tsuensis (Tsushima (84) Paramesotriton caudopunctatus Sansho-uo). (spot-tailed warty newt). (55) Hynobius turkestanicus (85) Paramesotriton chinensis (Chinese (Turkestanian salamander). warty newt). (56) Hynobius yangi (no common (86) Paramesotriton deloustali (no com- name). mon name). (57) Hynobius yatsui (no common (87) Paramesotriton fuzhongensis (no name). common name). (58) Hynobius yiwuensis (Yiwu (88) Paramesotriton guanxiensis hynobiid). (Guangxi warty newt). (59) Ichthyosaura alpestris (alpine (89) Paramesotriton hongkongensis (no newt). common name). (60) Lissotriton boscai (Bosca’s newt). (90) Paramesotriton labiatus (spotless (61) Lissotriton helveticus (palmate stout newt). newt). (91) Paramesotriton longliensis (no (62) Lissotriton italicus (Italian newt). common name).

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(92) Paramesotriton maolanensis (no (120) Plethodon kentucki (Kentucky common name). salamander, Cumberland Plateau sala- (93) Paramesotriton qixilingensis (no mander). common name). (121) Plethodon kiamichi (Kiamichi (94) Paramesotriton wulingensis (no slimy salamander). common name). (122) Plethodon kisatchie (Louisiana (95) Paramesotriton yunwuensis (no slimy salamander). common name). (123) Plethodon larselli (Larch Moun- (96) Paramesotriton zhijinensis (no tain salamander). common name). (124) Plethodon meridianus (South (97) Plethodon ainsworthi (Catahoula Mountain gray-cheeked salamander, salamander, bay springs salamander). southern gray-cheeked salamander). (98) Plethodon albagula (western slimy (125) Plethodon metcalfi (southern salamander). gray-cheeked salamander). (99) Plethodon amplus (Blue Ridge (126) Plethodon mississippi (Mississippi gray-cheeked salamander). slimy salamander). (100) Plethodon angusticlavius (Ozark (127) Plethodon montanus (northern salamander, Ozark zigzag salamander). gray-cheeked salamander). (101) Plethodon asupak (Scott Bar sal- (128) Plethodon neomexicanus (Jemez amander). Mountains salamander). (102) Plethodon aureolus (Tellico sala- (129) Plethodon nettingi (Cheat Moun- mander). tain salamander). (103) Plethodon caddoensis (Caddo (130) Plethodon ocmulgee (Ocmulgee Mountain salamander). slimy salamander). (104) Plethodon chattahoochee (Chat- (131) Plethodon ouachitae (Rich Moun- tahoochee slimy salamander). tain salamander). (105) Plethodon cheoah (Cheoah bald (132) Plethodon petraeus (Pigeon salamander). Mountain salamander). (106) Plethodon chlorobryonis (Atlantic (133) Plethodon punctatus (white-spot- Coast slimy salamander). ted salamander, cow knob salamander). (107) Plethodon cinereus (eastern red- backed salamander, redback sala- (134) Plethodon richmondi (southern mander, salamandre raye´e, red-backed ravine salamander, ravine salamander). salamander). (135) Plethodon savannah (Savannah (108) Plethodon cylindraceus (white- slimy salamander). spotted slimy salamander). (136) Plethodon sequoyah (Sequoyah (109) Plethodon dorsalis (zigzag sala- slimy salamander). mander, northern zigzag salamander). (137) Plethodon serratus (southern red- (110) Plethodon dunni (Dunn’s sala- backed salamander). mander). (138) Plethodon shenandoah (Shen- (111) Plethodon electromorphus (north- andoah salamander). ern ravine salamander). (139) Plethodon sherando (Big Levels (112) Plethodon elongatus (Del Norte salamander). salamander). (140) Plethodon shermani (red-legged (113) Plethodon fourchensis (Fourche salamander). Mountain salamander). (141) Plethodon stormi (Siskiyou (114) Plethodon glutinosus (slimy sala- Mountains salamander). mander, northern slimy salamander). (142) Plethodon teyahalee (Southern (115) Plethodon grobmani (south- Appalachian salamander). eastern slimy salamander). (143) Plethodon vandykei (Van Dyke’s (116) Plethodon hoffmani (valley and salamander). ridge salamander). (144) Plethodon variolatus (South (117) Plethodon hubrichti (Peaks of Carolina slimy salamander). Otter salamander). (145) Plethodon vehiculum (western (118) Plethodon idahoensis (Coeur red-backed salamander). d’Alene salamander). (146) Plethodon ventralis (southern zig- (119) Plethodon jordani (Appalachian zag salamander). salamander, red-cheeked salamander, (147) Plethodon virginia (Shenandoah Jordan’s salamander). Mountain salamander).

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(148) Plethodon websteri (Webster’s (179) Triturus pygmaeus (pygmy mar- salamander). bled newt). (149) Plethodon wehrlei (Wehrle’s sala- (180) Triturus vittatus (no common mander). name). (150) Plethodon welleri (Weller’s sala- (181) Tylototriton anguliceps (angular- mander). headed newt). (151) Plethodon yonahlossee (182) Tylototriton asperrimus (black (Yonahlossee salamander). knobby newt). (152) Pleurodeles nebulosus (no com- (183) Tylototriton broadoridgus (no mon name). common name). (153) Pleurodeles poireti (Algerian (184) Tylototriton dabienicus (no com- newt). mon name). (154) Pleurodeles waltl (Spanish newt). (185) Tylototriton daweishanensis (no (155) Salamandra algira (Algerian sala- common name). mander). (186) Tylototriton hainanensis (Hainan (156) Salamandra atra (alpine sala- knobby newt). mander). (187) Tylototriton kweichowensis (red- (157) Salamandra corsica (Corsican fire tailed knobby newt). salamander). (188) Tylototriton liuyangensis (no (158) Salamandra infraimmaculata (no common name). common name). (189) Tylototriton lizhenchangi (159) Salamandra lanzai (Lanza’s al- (Mangshan crocodile newt). pine salamander, Salamandra di (190) Tylototriton notialis (no common Lanza). name). (160) Salamandra salamandra (fire sal- (191) Tylototriton panhai (no common amander). name). (161) Salamandrella keyserlingii (Sibe- (192) Tylototriton pseudoverrucosus rian newt). (southern Sichuan crocodile newt). (162) Salamandrella tridactyla (no com- (193) Tylototriton shanjing (Yunnan mon name). newt). (163) Salamandrina perspicillata (194) Tylototriton shanorum (no com- (northern spectacled salamander). mon name). (164) Salamandrina terdigitata (south- (195) Tylototriton taliangensis (Thai- ern spectacled salamander). land newt). (165) Siren intermedia (lesser siren). (196) Tylototriton uyenoi (no common (166) Siren lacertina (greater siren). name). (167) Taricha granulosa (rough- (197) Tylototriton verrucosus (Hima- skinned newt). layan newt). (168) Taricha rivularis (red-bellied (198) Tylototriton vietnamensis (no newt). common name). (169) Taricha sierrae (Sierra newt). (199) Tylototriton wenxianensis (170) Taricha torosa (California newt). (Wenxian knobby newt). (171) Triturus carnifex (Italian crested (200) Tylototriton yangi (Tiannan croc- newt). odile newt). (172) Triturus cristatus (great crested (201) Tylototriton ziegleri (Ziegler’s newt). crocodile newt). (173) Triturus dobrogicus (Danube (b) Upon the filing of a written dec- crested newt). laration with the District Director of (174) Triturus hongkongensis (no com- Customs at the port of entry as re- mon name) quired under § 14.61 of this chapter, all (175) Triturus ivanbureschi (Balkan- other species of amphibians may be im- Anatolian crested newt, Buresch’s ported, transported, and possessed in crested newt). captivity, without a permit, for sci- (176) Triturus karelinii (Southern entific, medical, education, exhibition, crested newt). or propagating purposes, but no such (177) Triturus macedonicus (no com- amphibians or any progeny or eggs mon name). thereof may be released into the wild (178) Triturus marmoratus (marbled except by the State wildlife conserva- newt). tion agency having jurisdiction over

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the area of release or by persons having issuance criteria of this section, issue a prior written permission for release permit authorizing the importation from such agency. into or shipment between the continental United States, the District of [81 FR 1554, Jan. 13, 2016] Columbia, Hawaii, the Commonwealth § 16.15 Importation of live reptiles or of Puerto Rico, or any possession of the their eggs. United States of injurious wildlife (See (a) The importation, transportation, subpart B of this part) for zoological, or acquisition of any live specimen, ga- educational, medical, or scientific pur- mete, viable egg, or hybrid of the spe- poses. cies listed in this paragraph is prohib- (a) Application requirements. Submit ited except as provided under the terms applications for permits to import, and conditions set forth at § 16.22: transport, or acquire injurious wildlife (1) Boiga irregularis (brown tree for such purposes to the attention of snake). the Director, U.S. Fish and Wildlife (2) Python molurus (including P. Service, at the address listed for the molurus molurus (Indian python) and P. Division of Management Authority at molurus bivittatus (Burmese python)). 50 CFR 2.1(b). Submit applications in (3) Python reticulatus, Broghammerus writing on a Federal Fish and Wildlife reticulatus, or Malayopython reticulatus License/Permit application (Form 3– (reticulated python). 200) and attach all of the following in- (4) Python sebae (Northern African formation: python or African rock python). (1) The number of specimens and the (5) Python natalensis (Southern Afri- common and scientific names (genus can python or African rock python). and species) of each species of live (6) Eunectes notaeus (yellow ana- wildlife proposed to be imported or conda). otherwise acquired, transported and (7) Eunectes deschauenseei possessed; (DeSchauensee’s anaconda). (2) The purpose of such importation (8) Eunectes murinus (green ana- or other acquisition, transportation conda). and possession; (9) Eunectes beniensis (Beni anaconda). (3) The address of the premises where (b) Upon the filing of a written dec- such live wildlife will be kept in cap- laration with the District Director of tivity; Customs at the port of entry as re- (4) A statement of the applicant’s quired under § 14.61, all other species of qualifications and previous experience live reptiles or their eggs may be im- in caring for and handling captive wild- ported, transported, and possessed in life. captivity, without a permit, for sci- (b) Additional permit conditions. In ad- entific, medical, educational, dition to the general conditions set exhibitional or propagating purposes, forth in part 13 of this subchapter B, but no such live reptiles or any permits to import or ship injurious progency or eggs thereof may be re- wildlife for zoological, educational, leased into the wild except by the medical, or scientific purposes shall be State wildlife conservation agency subject to the following conditions: having jurisdiction over the area of re- (1) All live wildlife acquired under lease or by persons having prior writ- permit and all progeny thereof, must ten permission for release from such be confined in the approved facilities agency. on the premises authorized in the per- [55 FR 17441, Apr. 25, 1990, as amended at 77 mit. FR 3366, Jan. 23, 2012; 80 FR 12745, Mar. 10, (2) No live wildlife, acquired under 2015] permit, or any eggs or progeny thereof, may be sold, donated, traded, loaned, Subpart C—Permits or transferred to any other person unless such person has a permit issued by § 16.22 Injurious wildlife permits. the Director under § 16.22 authorizing The Director may, upon receipt of an him to acquire and possess such wild- application and in accordance with the life or the eggs or progeny thereof.

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(3) Permittees shall notify the near- make decisions, according to criteria est Special Agent-in-Charge (see § 10.22 established in various Federal wildlife of this chapter) by telephone or other conservation statutes and regulations, expedient means within 24 hours fol- on the issuance, suspension, revoca- lowing the escape of any wildlife im- tion, or denial of permits. You must reported or transported under authority spond to obtain or retain a permit. We of a permit issued under this section, estimate the public reporting burden or the escape of any progeny of such for these reporting requirements to av- wildlife, unless otherwise specifically erage 2 hours per response, including exempted by terms of the permit. time for reviewing instructions, gath- (c) Issuance criteria. The Director ering and maintaining data, and com- shall consider the following in deter- pleting and reviewing the forms. Direct mining whether to issue a permit to comments regarding the burden esti- import or ship injurious wildlife for zo- mate or any other aspect of these re- ological, educational, medical, or sci- porting requirements to the Service’s entific purposes: Information Collection Clearance Offi- (1) Whether the wildlife is being im- cer at the address provided at 50 CFR ported or otherwise acquired for a bona 2.1(b). fide scientific, medical, educational, or zoological exhibition purpose; [39 FR 1169, Jan. 4, 1974, as amended at 47 FR (2) Whether the facilities for holding 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998; the wildlife in captivity have been in- 79 FR 43964, July 29, 2014] spected and approved, and consist of a basic cage or structure of a design and Subpart D—Additional Exemptions material adequate to prevent escape which is maintained inside a building § 16.32 Importation by Federal agen- or other facility of such structure that cies. the wildlife could not escape from the Nothing in this part shall restrict the building or other facility after escap- importation and transportation, with- ing from the cage or structure main- out a permit, of any live wildlife by tained therein; Federal agencies solely for their own (3) Whether the applicant is a respon- use, upon the filing of a written dec- sible person who is aware of the poten- laration with the District Director of tial dangers to public interests posed Customs at the port of entry as re- by such wildlife, and who by reason of quired under § 14.61: Provided, That the his knowledge, experience, and facili- provisions of this section shall not ties reasonably can be expected to pro- apply to bald and golden eagles or their vide adequate protection for such pub- eggs, or to migratory birds or their lic interests; and eggs, the importations of which are (4) If such wildlife is to be imported governed by regulations under parts 22 or otherwise acquired for zoological or and 21 of this chapter, respectively. aquarium exhibition purposes, whether such exhibition or display will be open § 16.33 Importation of natural-history to the public during regular appro- specimens. priate hours. (d) The Office of Management and Nothing in this part shall restrict the Budget approved the information col- importation and transportation, with- lection requirements contained in this out a permit, of dead natural-history part 16 under 44 U.S.C. 3507 and as- specimens of wildlife or their eggs for signed OMB Control Number 1018–0093. museum or scientific collection pur- The Service may not conduct or spon- poses: Provided, That the provisions of sor, and you are not required to re- this section shall not apply to dead mi- spond to, a collection of information gratory birds, the importation of which unless it displays a currently valid is governed by regulations under parts OMB control number. We are collecting 20 and 21 of this chapter; to dead game this information to provide informa- mammals from Mexico, the importation necessary to evaluate permit ap- tion of which is governed by regula- plications. We will use this informa- tions under part 14 of this chapter; or tion to review permit applications and to dead bald and golden eagles or their

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eggs, the importation of which is governed by regulations under part 22 of 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 U.S. International Development Finance 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) CI National Mediation Board (Part 10101)

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 Agricultural Marketing Service (Federal Grain Inspection Serv- ice, Fair Trade Practices Program), Department of Agri- culture (Parts 800—899)

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IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI [Reserved] 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 [Reserved] 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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L Rural Business-Cooperative Service, Rural Housing Service, and Rural Utilities Service, Department of Agriculture (Parts 5001—5099)

Title 8—Aliens and Nationality

I Department of Homeland Security (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 Agricultural Marketing Service (Federal Grain Inspection Serv- ice, Fair Trade Practices Program), 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 (Parts 500—599) [Reserved] VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX (Parts 900—999)[Reserved]

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X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

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)

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VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) 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]

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

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)

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

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) 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) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

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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 (Part 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—799)

Title 28—Judicial Administration

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

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199)

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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) 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)

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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 Department of Defense, 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) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299)

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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) [Reserved] 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 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, VIII, IX, X, XI; 9, II Agricultural Research Service 7, V Agriculture, Department of 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, VIII, IX, X, XI; 9, II 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 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 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 Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX Architectural and Transportation Barriers Compliance Board 36, XI

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2015 50 CFR—Continued 81 FR Page 50 CFR 80 FR Chapter I—Continued Page 16.13 (a)(2)(v) revised; (a)(2)(vi) Chapter I through (x) added; eff. 10–31– 10.21 (a) revised; (b) amended...... 26467 16...... 67899 16.15 (a) revised...... 12745 16.14 Revised; interim ...... 1554 2016 2017 50 CFR 82 FR 50 CFR 81 FR Page Page Chapter I Chapter I Chapter I Policy statement ...... 50532 11 Authority citation revised...... 41865 11.33 Table revised...... 6308 Regulation at 81 FR 41865 con- 13.11 Regulation at 81 FR 91549 firmed...... 94274 confirmed ...... 7708 11.2 Revised; interim ...... 41865 (d)(4) correctly amended ...... 41177 Regulation at 81 FR 41865 con- 15.33 (a) table amended ...... 16540 firmed...... 94274 11.15 Revised; interim...... 41865 2018 Regulation at 81 FR 41865 confirmed...... 94274 50 CFR 83 FR Page 11.25 (a) revised; interim ...... 41865 Chapter I Regulation at 81 FR 41865 confirmed...... 94274 Chapter I Policy statement ...... 36469, 36472 11.26 Revised; interim...... 41865 11.33 Table revised ...... 5951 Regulation at 81 FR 41865 confirmed...... 94274 11.31—11.34 (Subpart D) Added; 2019 interim...... 41865 50 CFR 84 FR 11.34 (Subpart D) Regulation at Page 81 FR 41865 confirmed ...... 94274 Chapter I 13.11 (d)(4) table revised...... 8002 11.33 Table revised ...... 15526 (d)(4) table amended ...... 91549 14 Authority citation revised...... 29808

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50 CFR—Continued 84 FR 2020 Page Chapter I—Continued (Regulations published from January 1, 14.92 (a)(5) added ...... 29808 2020, through October 1, 2020) 50 CFR 85 FR Page Chapter I 10.13 (c) revised...... 21290 11.33 Table revised ...... 10311 Æ

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