U.S. Fish and Wildlife Serv., Interior § 15.32

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

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

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

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

Species Common name

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

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Species Common name

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

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

Subpart C—Permits 16.22 Injurious wildlife permits.

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