[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2003 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
50
Parts 18 to 199
Revised as of October 1, 2003
Wildlife and Fisheries
Containing a codification of documents of general
applicability and future effect
As of October 1, 2003
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 50:
Chapter I--United States Fish and Wildlife Service,
Department of the Interior (Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 497
Alphabetical List of Agencies Appearing in the CFR...... 515
List of CFR Sections Affected........................... 525
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 50 CFR 18.1 refers
to title 50, part 18,
section 1.
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[[Page v]]
EXPLANATION
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 subdivided 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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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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.
[[Page vi]]
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.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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[[Page vii]]
The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2003.
[[Page ix]]
THIS TITLE
Title 50--Fish and Wildlife is composed of seven volumes. The parts
in these volumes are arranged in the following order: Parts 1-16; part
17 (17.1 to 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to
End and 17.100 to End), parts 18-199, parts 200-599 and part 600 to End.
The first five volumes (parts 1-16, part 17 (17.1 to 17.95), part 17
(17.96 to 17.99(h)), part 17 (part 17.99(i) to End and 17.100 to End),
and parts 18-199) contain the current regulations issued under chapter
I--United States Fish and Wildlife Service, Department of the Interior.
The sixth volume (parts 200-599) contains the current regulations issued
under chapter II--National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of Commerce; chapter III--
International Fishing 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 Commerce); Endangered Species
Committee regulations; and chapter V--Marine Mammal Commission. The
seventh volume (part 600 to End) contains the current regulations issued
under chapter VI--Fishery Conservation 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, 2003.
Alphabetical listings of endangered and threatened wildlife and
plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric
Administration appear in 15 CFR 902.1.
[[Page x]]
[[Page 1]]
TITLE 50--WILDLIFE AND FISHERIES
(This book contains parts 18 to 199)
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Part
chapter i--United States Fish and Wildlife Service,
Department of the Interior (Continued).................... 18
Cross References: Commercial fishing on Red Lake Indian Reservation,
Bureau of Indian Affairs: 25 CFR part 242.
Disposal of certain wild animals in national parks, National Park
Service: 36 CFR part 10.
Exchanges of land for migratory bird or other wildlife refuges, Bureau
of Land Management: 43 CFR 2200.0-1--2272.1.
Fishing in coastal waters, lakes, rivers, bays, etc., Corps of
Engineers: 33 CFR part 209.
Fishing, hunting, trapping, and protection of wildlife in national
forests and wildlife refuges, Forest Service: 36 CFR part 241, Sec.Sec.
261.8, 261.9.
Fishing, hunting, trapping, and protection of wildlife in national
parks, memorials, recreation areas, etc., National Park Service: 36 CFR
2.2 and 2.3, and parts 7, 20.
Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR
327.8.
Free entry of animals, birds and products of American fisheries under
specified conditions, Customs Service: 19 CFR 10.70--10.83.
Grazing areas for wildlife maintenance, Bureau of Land Management: 43
CFR Subpart 4110.
Making pictures, television production, or sound tracks on areas
administered by the United States Fish and Wildlife Service or the
National Park Service: 43 CFR 5.1.
[[Page 3]]
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR--(Continued)
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SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE,
BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)
Part Page
18 Marine mammals.............................. 5
19 Airborne hunting............................ 29
20 Migratory bird hunting...................... 31
21 Migratory bird permits...................... 51
22 Eagle permits............................... 77
23 Endangered species convention............... 87
24 Importation and exportation of plants....... 127
SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25 Administrative provisions................... 130
26 Public entry and use........................ 138
27 Prohibited acts............................. 145
28 Enforcement, penalty, and procedural
requirements for violations of parts 25,
26, and 27.............................. 151
29 Land use management......................... 153
30 Range and feral animal management........... 164
31 Wildlife species management................. 164
32 Hunting and fishing......................... 165
34 Refuge revenue sharing with counties........ 260
35 Wilderness preservation and management...... 264
36 Alaska National Wildlife Refuges............ 267
37 Geological and geophysical exploration of
the coastal plain, Arctic National
Wildlife Refuge, Alaska................. 292
38 Midway Atoll National Wildlife Refuge....... 314
SUBCHAPTER D [RESERVED]
SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70 National fish hatcheries.................... 318
[[Page 4]]
71 Hunting and fishing on national fish
hatchery areas.......................... 319
SUBCHAPTER F--FEDERAL AID TO STATES IN FISH AND WILDLIFE RESTORATION
80 Administrative requirements, Federal Aid in
Fish and Federal Aid in Wildlife
Restoration Acts........................ 321
81 Conservation of endangered and threatened
species of fish, wildlife, and plants--
cooperation with the States............. 330
82 Administrative procedures for grants-in-aid
(Marine Mammal Protection Act of 1972).. 334
83 Rules implementing the Fish and Wildlife
Conservation Act of 1980................ 339
84 National Coastal Wetlands Conservation Grant
Program................................. 344
85 Clean Vessel Act Grant Program.............. 359
86 Boating Infrastructure Grant (BIG) Program.. 368
SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90 Feeding depredating migratory waterfowl..... 383
91 Migratory bird hunting and conservation
stamp contest........................... 385
92 Migratory bird subsistence harvest in Alaska 389
SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99 [Reserved]
100 Subsistence management regulations for
public lands in Alaska.................. 397
101-199 [Reserved]
Appendix A to Chapter I--Codes for the Representation of
Names of Countries (Established by the International
Organization for Standardization)......................... 493
[[Page 5]]
SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE,
BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)
PART 18--MARINE MAMMALS--Table of Contents
Subpart A--Introduction
Sec.
18.1 Purpose of regulations.
18.2 Scope of regulations.
18.3 Definitions.
18.4 Information collection requirements.
Subpart B--Prohibitions
18.11 Prohibited taking.
18.12 Prohibited importation.
18.13 Prohibited uses, possession, transportation, and sales.
18.14 Marine mammals taken before the Act.
Subpart C--General Exceptions
18.21 Actions permitted by international treaty, convention, or
agreement.
18.22 Taking by Federal, State or local government officials.
18.23 Native exemptions.
18.24 Taking incidental to commercial fishing operations.
18.25 Exempted marine mammals or marine mammals products.
18.26 Collection of certain dead marine mammal parts.
18.27 Regulations governing small takes of marine mammals incidental to
specified activities.
Subpart D--Special Exceptions
18.30 Polar bear sport-hunted trophy import permits.
18.31 Scientific research permits and public display permits.
18.32 Waiver of the moratorium.
18.33 Procedures for issuance of permits and modification, suspension,
or revocation thereof.
Subpart E--Depleted Species or Stocks [Reserved]
Subpart F--Transfer of Management Authority to States [Note]
Subpart G--Notice and Hearing on Section 103 Regulations
18.70 Basis and purpose.
18.71 Definitions.
18.72 Scope of regulations.
18.73 Burden of proof.
18.74 Notice of hearing.
18.75 Notification by interested persons.
18.76 Presiding officer.
18.77 Direct testimony submitted as written documents.
18.78 Mailing address.
18.79 Inspection and copying of documents.
18.80 Ex parte communications.
18.81 Prehearing conference.
18.82 Prehearing order.
18.83 Determination to cancel the hearing.
18.84 Rebuttal testimony and new issues of fact in prehearing order.
18.85 Waiver of right to participate.
18.86 Conduct of the hearing.
18.87 Direct testimony.
18.88 Cross-examination.
18.89 Oral and written arguments.
18.90 Recommended decision, certification of the transcript and
submission of comments on the recommended decision.
18.91 Director's decision.
Subpart H--Waiver of Moratorium on Taking and Importation of Individual
Marine Mammal Species
18.92 Purpose of regulations.
18.93 Scope of regulations.
18.94 Pacific walrus (Alaska).
Subpart I [Reserved]
Authority: 16 U.S.C. 1361 et seq.
Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 18.1 Purpose of regulations.
The regulations contained in this part implement the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things,
restricts the taking, possession, transportation, selling, offering for
sale, and importing of marine mammals.
Sec. 18.2 Scope of regulations.
(a) This part 18 applies solely to marine mammals and marine mammal
products as defined in Sec. 18.3. For regulations under the Act with
respect to cetacea (whales and porpoises), pinnipedia, other than walrus
(seals and sea lions), see 50 CFR part 216.
[[Page 6]]
(b) The provisions in this part are in addition to, and are not in
lieu of, other regulations of this subchapter B which may require a
permit or prescribe additional restrictions or conditions for the
importation, exportation, and interstate transportation of wildlife.
(See also part 13 of this subchapter.)
Sec. 18.3 Definitions.
In addition to definitions contained in section 3 of the Act and in
part 10 of this subchapter, and unless the context requires otherwise,
in this part 18:
Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027,
16 U.S.C. 1361-1407; Pub. L. 92-522.
Alaskan Native means a person defined in the Alaska Native Claims
Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen
of the United States who is of one-fourth degree or more Alaska Indian
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla
Indian Community), Eskimo, or Aleut blood, or combination thereof. The
term includes any Native, as so defined, either or both of whose
adoptive parents are not Natives. It also includes, in the absence of
proof of a minimum blood quantum, any citizen of the United States who
is regarded as an Alaska Native by the Native village or town of which
he claims to be a member and whose father or mother is (or, if deceased,
was) regarded as Native by any Native village or Native town. Any
citizen enrolled by the Secretary pursuant to section 5 of the Alaska
Native Claims Settlement Act shall be conclusively presumed to be an
Alaskan Native for purposes of this part.
Authentic native articles of handicrafts and clothing means items
made by an Indian, Aleut, or Eskimo which (a) were commonly produced on
or before December 21, 1972, and (b) are composed wholly or in some
significant respect of natural materials, and (c) are significantly
altered from their natural form and which are produced, decorated, or
fashioned in the exercise of traditional native handicrafts without the
use of pantographs, multiple carvers, or similar mass copying devices.
Improved methods of production utilizing modern implements such as
sewing machines or modern techniques at a tannery registered pursuant to
Sec. 18.23(c) may be used so long as no large scale mass production
industry results. Traditional native handicrafts include, but are not
limited to, weaving, carving, stitching, sewing, lacing, beading,
drawing, and painting. The formation of traditional native groups, such
as cooperatives, is permitted so long as no large scale mass production
results: Provided that, it has been determined that no items created in
whole or in part from sea otter meet part (a) of this definition and
therefore no such items may be sold.
Commercial fishing operation means the lawful harvesting of fish
from the marine environment for profit as part of an on-going business
enterprise. Such term shall not include sport fishing activities whether
or not carried out by charter boat or otherwise, and whether or not the
fish so caught are subsequently sold.
Endangered species means a species of marine mammal listed as
``endangered'' pursuant to the Endangered Species Act of 1973, 87 Stat.
884, Pub. L. 93-205 (see part 17 of this subchapter).
Incidental catch means the taking of a marine mammal (a) because it
is directly interfering with commercial fishing operations, or (b) as a
consequence of the steps used to secure the fish in connection with
commercial fishing operations: Provided, however, That a marine mammal
so taken must immediately be returned to the sea with a minimum of
injury; and Provided, further, That the taking of a marine mammal which
otherwise meets the requirements of this definition shall not be
considered as incidental catch of that mammal if it is used subsequently
to assist in commercial fishing operations.
Marine mammal means any specimen of the following species, whether
alive or dead, and any part thereof, including but not limited to, any
raw, dressed, or dyed fur or skin:
------------------------------------------------------------------------
Scientific name Common name Date listed
------------------------------------------------------------------------
Ursus maritimus................. Polar bear........ Dec. 21, 1972.
Enhydra lutris.................. Sea otter......... Do.
Odobenus rosmarus............... Walrus............ Do.
Dugong dugon.................... Dugong............ Do.
Trichechus manatus.............. West Indian Do.
manatee.
[[Page 7]]
Trichechus inunguis............. Amazonian manatee. Do.
Trichechus senegalensis......... West African Do.
manatee.
Lutra felina.................... Marine otter...... Mar. 29, 1978.
------------------------------------------------------------------------
Note: Common names given may be at variance with local usage.
Native village or town means any community, association, tribe,
band, clan, or group.
Pregnant means pregnant near term.
Subsistence means the use by Alaskan Natives of marine mammals taken
by Alaskan Natives for food, clothing, shelter, heating, transportation,
and other uses necessary to maintain the life of the taker or for those
who depend upon the taker to provide them with such subsistence.
Take means to harass, hunt, capture, collect, or kill, or attempt to
harass, hunt, capture, collect, or kill any marine mammal, including,
without limitation, any of the following: The collection of dead animals
or parts thereof; the restraint or detention of a marine mammal, no
matter how temporary; tagging a marine mammal; or the negligent or
intentional operation of an aircraft or vessel, or the doing of any
other negligent or intentional act which results in the disturbing or
molesting of a marine mammal.
Threatened species means a species of marine mammal listed as
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat.
884, Pub. L. 93-205.
Wasteful manner means any taking or method of taking which is likely
to result in the killing or injuring of marine mammals beyond those
needed for subsistence purposes or for the making of authentic native
articles of handicrafts and clothing or which results in the waste of a
substantial portion of the marine mammal and includes without limitation
the employment of a method of taking which is not likely to assure the
capture or killing of a marine mammal, or which is not immediately
followed by a reasonable effort to retrieve the marine mammal.
[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55
FR 14978, Apr. 20, 1990]
Sec. 18.4 Information collection requirements.
(a) The Office of Management and Budget under 44 U.S.C. 3501 et seq.
has approved the information collection requirements contained in
Subpart D and assigned clearance number 1018-0022. The Service is
collecting this information to review and evaluate permit applications
and make decisions according to criteria established in various Federal
wildlife conservation statutes and regulations, on the issuance or
denial of permits. The applicant must respond to obtain or retain a
permit.
(b) The Service estimated the public reporting burden for this
collection of information to vary from 15 minutes to 4 hours per
response, with an average of 1.028 hours per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden or
any other aspect of this collection of information, including
suggestions for reducing the burden, to the Service Information
Collection Clearance Office, Fish and Wildlife, Service Office of
Management and Budget, Mail Stop 224, Arlington Square, U.S. Department
of the Interior, 1849 C Street, NW., Washington, DC 20240 and the Office
of Management and Budget, Paperwork Reduction Project (1018-0022),
Washington, DC 20503.
[62 FR 7329, Feb. 18, 1997]
Subpart B--Prohibitions
Sec. 18.11 Prohibited taking.
Except as otherwise provided in subpart C, D, or H of this part 18,
or part 403, it is unlawful for:
(a) Any person, vessel, or conveyance subject to the jurisdiction of
the United States to take any marine mammal on the high seas, or
(b) Any person, vessel, or conveyance to take any marine mammal in
waters or on lands under the jurisdiction of the United States.
[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
[[Page 8]]
Sec. 18.12 Prohibited importation.
(a) Except as otherwise provided in subparts C and D of this part
18, it is unlawful for any person to import any marine mammal or marine
mammal product into the United States.
(b) Regardless of whether an importation is otherwise authorized
pursuant to subparts C and D of this part 18, it is unlawful for any
person to import into the United States any:
(1) Marine mammal: (i) Taken in violation of the Act, or
(ii) Taken in another country in violation of the laws of that
country;
(2) Any marine mammal product if: (i) The importation into the
United States of the marine mammal from which such product is made would
be unlawful under paragraph (b)(1) of this section, or
(ii) The sale in commerce of such product in the country of origin
of the product is illegal.
(c) Except in accordance with an exception referred to in subpart C
and Sec.Sec. 18.31 and 18.32 of this part, it is unlawful to import into
the United States any:
(1) Marine mammal which was pregnant at the time of taking;
(2) Marine mammal which was nursing at the time of taking, or less
than 8 months old, whichever occurs later;
(3) Specimen of an endangered or threatened species of marine
mammals;
(4) Specimen taken from a depleted species or stock of marine
mammals; or
(5) Marine mammal taken in an inhumane manner.
(d) It is unlawful to import into the United States any fish,
whether fresh, frozen, or otherwise prepared, if such fish was caught in
a manner proscribed by the Secretary of Commerce for persons subject to
the jurisdiction of the United States, whether or not any marine mammals
were in fact taken incident to the catching of the fish.
Sec. 18.13 Prohibited uses, possession, transportation, and sales.
Except as otherwise provided in the Act or these regulations, it is
unlawful for:
(a) Any person to use any port, harbor, or other place under the
jurisdiction of the United States for any purpose in any way connected
with a prohibited taking or any unlawful importation of any marine
mammal or marine mammal products;
(b) Any person to possess any marine mammal, or product therefrom,
taken in violation of the Act or these regulations;
(c) Any person to transport, purchase, sell, or offer to purchase or
sell any marine mammal or marine mammal product; or
(d) Any person subject to the jurisdiction of the United States to
use in a commercial fishery, any means or method of fishing in
contravention of regulations and limitations issued by the Secretary of
Commerce for that fishery to achieve the purposes of this Act.
[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Sec. 18.14 Marine mammals taken before the Act.
(a) Section 102(e) of the Act provides in effect that the Act shall
not apply to any marine mammal taken prior to December 21, 1972, or to
any marine mammal product consisting of, or composed in whole or in part
of, any marine mammal taken before such date. Such status may be
established by submitting to the Director prior to, or at the time of
importation, an affidavit containing the following:
(1) The Affiant's name and address;
(2) Identification of the Affiant;
(3) A description of the marine mammals or marine mammal products
which the Affiant desires to import;
(4) A statement by the Affiant that to the best of his knowledge and
belief, the marine mammals involved in the application were taken prior
to December 21, 1972;
(5) A statement by the Affiant in the following language:
The foregoing is principally based on the attached exhibits which,
to the best of my knowledge and belief, are complete, true and correct.
I understand that this affidavit is being submitted for the purpose of
inducing the Federal Government to permit the importation of ----------
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and
regulations promulgated thereunder, and that any false statements
[[Page 9]]
may subject me to the criminal penalties of 18 U.S.C. 1001.
(b) Either one of two exhibits shall be attached to such affidavit,
and will contain either:
(1) Records or other available evidence showing that the product
consists of or is composed in whole or in part of marine mammals taken
prior to December 21, 1972. Such records or other evidentiary material
must include information on how, when, where, and by whom the animals
were taken, what processing has taken place since taking, and the date
and location of such processing; or
(2) A statement from a government agency of the country of origin
exercising jurisdiction over marine mammals that any and all such
mammals from which the products sought to be imported were derived were
taken prior to December 21, 1972.
(c) Service agents, or Customs officers, may refuse to clear marine
mammals or marine mammal products for importation into the United
States, pursuant to Sec. 14.53 of this subchapter, until the importer
can demonstrate, by production of the affidavit referred in above or
otherwise, that section 102(e) of the Act applies to all affected items.
(d) This section has no application to any marine mammal or marine
mammal product intended to be imported pursuant to Sec. 18.21, Sec.
18.31 or Sec. 18.32 of this part.
[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Subpart C--General Exceptions
Sec. 18.21 Actions permitted by international treaty, convention, or agreement.
The Act and these regulations shall not apply to the extent that
they are inconsistent with the provisions of any international treaty,
convention or agreement, or any statute implementing the same, relating
to the taking or importation of marine mammals or marine mammal
products, which was existent and in force prior to December 21, 1972,
and to which the United States was a party. Specifically, the
regulations in subpart B of this part and the provisions of the Act
shall not apply to activities carried out pursuant to the Interim
Convention on the Conservation of North Pacific Fur Seals signed in
Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C.
1151-1187, as, in each case, from time to time amended.
Sec. 18.22 Taking by Federal, State or local government officials.
(a) A Federal, State or local government official or employee may
take a marine mammal in the course of his duties as an official or
employee and no permit shall be required, if such taking:
(1) Is accomplished in a humane manner;
(2) Is for the protection or welfare of such mammal or from the
protection of the public health or welfare; and
(3) Includes steps designed to insure return of such mammal, if not
killed in the course of such taking, to its natural habitat. In
addition, any such official or employee may, incidental to such taking,
possess and transport, but not sell or offer for sale, such mammal and
use any port, harbor or other place under the jurisdiction of the United
States. All steps reasonably practicable under the circumstances shall
be taken by any such employee or official to prevent injury or death to
the marine mammal as the result of such taking.
(b) Each taking permitted under this section should be included in a
written report, to be submitted to the Director every six months,
beginning December 31, 1973. Unless otherwise permitted by the Director,
the report shall contain a description of:
(1) The animal involved;
(2) The circumstances requiring the taking;
(3) The method of taking;
(4) The name and official position of the State official or employee
involved;
(5) The disposition of the animal, including in cases where the
animal has been retained in captivity, a description of the place and
means of confinement and the measures taken for its maintenance and
care; and
(6) Such other information as the Director may require.
The reports shall be mailed to the Director, U.S. Fish and Wildlife
Service,
[[Page 10]]
U.S. Department of the Interior, Washington, DC 20240.
[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Sec. 18.23 Native exemptions.
(a) Taking. Except as otherwise provided in part 403 of this title,
any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the
coast of the North Pacific Ocean or the Arctic Ocean may take any marine
mammal without a permit, subject to the restrictions contained in this
section, if such taking is:
(1) For subsistence purposes, or
(2) For purposes of creating and selling authentic native articles
of handicraft and clothing, and
(3) In each case, not accomplished in a wasteful manner.
(b) Restrictions. (1) ``Except for a transfer to a duly authorized
representative of the Regional Director of the U.S. Fish and Wildlife
Service for scientific research purposes, no marine mammal taken for
subsistence may be sold or otherwise transferred to any person other
than an Alaskan Native or delivered, carried, transported, or shipped in
interstate or foreign commerce, unless:
(i) It is being sent by an Alaskan Native directly or through a
registered agent to a tannery registered under paragraph (c) of this
section for the purpose of processing, and will be returned directly or
through a registered agent to the Alaskan Native; or
(ii) It is sold or transferred to a registered agent in Alaska for
resale or transfer to an Alaskan Native; or
(iii) It is an edible portion and it is sold in an Alaskan Native
village or town.
(2) ``Except for a transfer to a duly authorized representative of
the Regional Director of the U.S. Fish and Wildlife Service for
scientific research purposes, no marine mammal taken for purposes of
creating and selling authentic Native articles of handicraft and
clothing may be sold or otherwise transferred to any person other than
an Indian, Aleut or Eskimo, or delivered, carried, transported or
shipped in interstate or foreign commerce, unless:
(i) It is being sent by an Indian, Aleut or Eskimo directly or
through a registered agent to a tannery registered under paragraph (c)
of this section for the purpose of processing, and will be returned
directly or through a registered agent to the Indian, Aleut or Eskimo;
or
(ii) It is sold or transferred to a registered agent for resale or
transfer to an Indian, Aleut, or Eskimo; or
(iii) It has been first transformed into an authentic Native article
of handicraft or clothing; or
(iv) It is an edible portion and it is sold (A) in an Alaskan Native
village or town or (B) to an Alaskan Native for his consumption.
(c) The restriction in paragraph (b) shall not apply to parts or
products of the Pacific walrus (Odobenis rosmarus) to the extent that
the waiver of the moratorium and the approved State/Federal regulations
relating to the taking and importation of walrus permits the delivery,
sale, transportation or shipment of parts or products of the Pacific
walrus in interstate or foreign commerce.
(d) Any tannery, or person who wishes to act as an agent, within the
jurisdiction of the United States may apply to the Director for
registration as a tannery or an agent which may possess and process
marine mammal products for Indians, Aleuts, or Eskimos. The application
shall include the following information:
(1) The name and address of the applicant;
(2) A description of the applicant's procedures for receiving,
storing, processing, and shipping materials;
(3) A proposal for a system of bookkeeping and/or inventory
segregation by which the applicant could maintain accurate records of
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to
this section;
(4) Such other information as the Director may request;
(5) A certification in the following language:
I hereby certify that the foregoing information is complete, true,
and correct to the best of my knowledge and belief. I understand that
this information is submitted for the purpose of obtaining the benefit
of an exception under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361-1407) and regulations promulgated thereunder, and that
[[Page 11]]
any false statement may subject me to the criminal penalties of 18
U.S.C. 1001.
(6) The signature of the applicant.
The sufficiency of the application shall be determined by the Director,
and in that connection, he may waive any requirement for information, or
require any elaboration or further information deemed necessary. The
registration of a tannery or other agent shall be subject to the
conditions as the Director prescribes, which may include, but are not
limited to provisions regarding records, inventory segregation, reports,
and inspection. The Director may charge a reasonable fee for such
applications, including an appropriate apportionment of overhead and
administrative expenses of the Department of Interior.
(e) Notwithstanding the preceding provisions of this section,
whenever, under the Act, the Secretary determines any species or stock
of marine mammals to be depleted, he may prescribe regulations pursuant
to section 103 of the Act upon the taking of such marine mammals by any
Indian, Aleut, or Eskimo and, after promulgation of such regulations,
all takings of such marine mammals by such person shall conform to such
regulations.
(f) Marking, tagging, and reporting. (1) In addition to definitions
contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph
(f):
(i) The term ``marking and tagging'' of marine mammals as specified
in section 109(i) of the Act refers to the actual physical attachment of
an approved band or other such marking device or technique to the raw or
unhandicrafted (including unmarked tanned skins) skin and skull of polar
bears, the tusks of walruses, and the skin and skull of sea otters; and
(ii) The term ``reporting'' means the collection by Service
personnel or the Service's authorized local representatives of
biological data, harvest data, and other information regarding the
effect of taking of marine mammals on populations, the collection of
which the Service determines to be necessary for management purposes.
Reporting will be done on forms provided by the Service upon
presentation for marking, tagging, and reporting purposes of the marine
mammal(s) or specified raw or unhandicrafted parts thereof.
(2) Notwithstanding the preceding provisions of this section, but
subject to the provisions and conditions contained in this paragraph, no
polar bear, walrus, or sea otter, or any parts thereof, taken or
collected by an Alaskan Native for subsistence purposes or for purposes
of creating and selling authentic Native articles of handicrafts and
clothing may be possessed, transported within, or exported from Alaska
unless the animal(s), or specified parts thereof, have been reported to,
and properly marked and tagged by, Service personnel or the Service's
authorized local representative; except:
(i) An Alaskan Native that harvested or participated in the harvest
of a polar bear, sea otter, or walrus and who possesses the animal, or
any parts thereof, may possess the unmarked, untagged, and unreported
animal(s), or parts thereof, for a period of time not to exceed 30 days
from the time of taking for the purpose of transporting the specified
parts to Service personnel or the Service's local authorized
representative for marking, tagging, and reporting;
(ii) Alaskan Natives and registered agents/tanneries may possess the
specified unmarked or untagged raw, unhandicrafted, or tanned parts
thereof for a period of time not to exceed 180 days from the effective
date of this rulemaking for the purpose of transporting to Service
personnel or the Service's local authorized representative for marking
and tagging if the specified parts thereof were taken or possessed
between December 21, 1972, and the effective date of this regulation.
There is no reporting requirement for marine mammals, or specified parts
thereof, covered by this paragraph.
(3) Those unmarked, untagged, and unreported specified parts of
polar bear, walrus, and sea otter, that must be presented to Service
personnel or an authorized Service representative for marking, tagging,
and reporting are as follows:
(i) Polar bear--skin and skull.
(ii) Walrus--tusks.
(iii) Sea otter--skin and skull.
(4) The locations where Service personnel or the Service's
authorized local
[[Page 12]]
representative will be available for marking, tagging, and reporting
purposes will be announced annually by the Alaska Regional Director.
Local persons authorized to act as representatives for marking, tagging,
and reporting purposes in the absence of Service personnel will also be
announced annually by the Alaska Regional Director.
(5) Marks and tags will be attached or applied to the skins, skulls,
and tusks of the marine mammal(s) in such a manner as to maximize their
longevity and minimize their adverse effects to the appearance of the
specified parts that might result due to hindering the tanning or
handicrafting of skins, or the handicrafting of tusks or skulls. If the
tag or mark comes off of the specified part the person in possession of
the part shall have 30 days to present the part and broken tag or other
marking device to the Service or the Service's authorized local
representative for remarking or retagging purposes.
(6) Marks and tags for skins, skulls, and tusks will be provided by
the Service. They will be numbered for accountability and of such
design, construction, and material so as to maximize their durability
and longevity on the specified parts.
(7) Data collected pursuant to this paragraph will be reported on
forms provided by the Service and maintained in the Service's Regional
Office, Anchorage, Alaska. The Service will summarize the data annually
and make it publicly available. The data will also be included in the
Service's annual report to Congress as set forth in section 103(f) of
the Act.
(8) All items of research (e.g., radio collars, satellite
transmitters, tags, etc.) that were attached to animals taken by Alaskan
Natives must be returned to Service personnel or an authorized Service
representative at the time the animal, or specified unhandicrafted parts
thereof, are presented for marking, tagging, and reporting. No penalty
will be imposed under the Act for a violation of this paragraph.
However, penalties may be sought by the Service under other applicable
Federal laws governing the possession and use of Federal property.
(9) Pursuant to this paragraph (f), the following specific
conditions and provisions apply:
(i) Marking, tagging, and reporting of polar bears or specified
parts thereof.
(A) The skin and skull of an animal must accompany each other when
presented for marking, tagging, and reporting except that the skin and
skull of an animal need not be presented together for marking and
tagging purposes if taken between December 21, 1972, and the effective
date of this regulation.
(B) Except as provided in paragraph (f)(2)(ii) of this section, the
following information must be reported by Alaskan Natives when
presenting polar bears, or specified parts thereof, for marking and
tagging: sex of animal, date of kill, and location of kill.
(C) Both the skin and the skull will be marked and tagged and a
rudimentary pre-molar tooth may be removed from the skull and retained
by the Service. The skin must have the sex identifiers, such as vaginal
orifice, teats, or penal sheath or baculum, either attached to, or
accompanying the skin.
(D) The skull must be skinned out and the skin may be frozen or
unfrozen when presented for marking, tagging, and reporting. If the skin
is frozen, the sex identifiers, such as vaginal orifice, teats, penal
sheath or baculum, must be visible.
(E) Marks and tags must remain affixed to the skin through the
tanning process and until the skin has been severed into parts for
crafting into handicrafts or for as long as is practical during the
handicrafting process.
(ii) Marking, tagging, and reporting of walrus or specified parts
thereof.
(A) The paired tusks of the animal(s) must, to the maximum extent
practical, accompany each other when presented for marking, tagging, and
reporting purposes, except that paired tusks need not be presented
together for marking and tagging purposes if taken between December 21,
1972, and the effective date of this regulation.
(B) Except as provided in paragraph (f)(2)(ii) of this section, the
following information must be reported by Alaskan Natives when
presenting walrus, or specified parts thereof, for marking
[[Page 13]]
and tagging: date of take, sex of animal, whether live-killed, floating-
dead, or beach-found, and location of the take or location of animal if
found floating and dead or beach-found.
(C) Marks and/or tags must remain affixed to the tusks until they
have been crafted into a handicraft or for as long as is practical
during the handicrafting process.
(iii) Marking, tagging, and reporting of sea otter or specified
parts thereof.
(A) The skin and skull of an animal must accompany each other when
presented for marking, tagging, and reporting, except that the skin and
skull of an animal need not be presented together if taken between
December 21, 1972, and the effective date of this regulation.
(B) Except as provided in paragraph (f)(2)(ii) of this section, the
following information must be reported by Alaskan Natives when
presenting sea otters, or specified parts thereof, for marking and
tagging: date of kill, sex of animal, and location of kill.
(C) Both the skin and skull will be marked and tagged and a
rudimentary pre-molar tooth may be removed from the skull and retained
by the Service. The skin must have the sex identifiers, such as vaginal
orifice, teats, or penal sheath or baculum, either attached to, or
accompanying the skin.
(D) The skull must be skinned out and the skin may be frozen or
unfrozen when presented for marking, tagging, and reporting. If the skin
is frozen, the sex identifiers, such as vaginal orifice, teats, or penal
sheath or baculum, must be visible.
(E) Marks and tags must remain affixed to the skin through the
tanning process and until the skin has been severed into parts for
crafting into handicrafts or for as long as is practical during the
handicrafting process.
(10) No person may falsify any information required to be set forth
on the reporting form when the marine mammal(s), or specified parts
thereof, are presented as required by these regulations.
(11) Possession by any person of marine mammal(s), or any parts
thereof, in violation of the provisions and conditions of this Sec.
18.23(f) is subject to punishment under the penalties provided for in
section 105(a)(1) of the Act.
(12) The information collection requirements contained in this Sec.
18.23(f) have been approved by the Office of Management and Budget under
44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. The
information is mandatory in order to have the marine mammal parts
``marked and tagged,'' and thereby made eligible for continued lawful
possession. Non-response may result in the Service determining the
wildlife to be illegally possessed and subject the individual to
penalties under this title.
[39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45
FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June
28, 1988]
Sec. 18.24 Taking incidental to commercial fishing operations.
Persons may take marine mammals incidental to commercial fishing
operations until October 21, 1974: Provided, That such taking is by
means of equipment and techniques prescribed in regulations issued by
the Secretary of Commerce. However, any marine mammal taken as an
incidental catch may not be retained. It shall be the immediate goal
that the incidental kill or incidental serious injury of marine mammals
permitted in the course of commercial fishing operations be reduced to
insignificant levels approaching a zero mortality and serious injury
rate.
Sec. 18.25 Exempted marine mammals or marine mammal products.
(a) The provisions of the Act and these regulations shall not apply:
(1) To any marine mammal taken before December 21, 1972, or
(2) To any marine mammal product if the marine mammal portion of
such product consists solely of a marine mammal taken before such date.
(b) The prohibitions contained in Sec. 18.12(c) (3) and (4) shall
not apply to marine mammals or marine mammal products imported into the
United States before the date on which notice is published in the
Federal Register of the proposed rulemaking with respect to the
designation of the species
[[Page 14]]
of stock concerned as depleted or endangered:
(c) Section 18.12(b) shall not apply to articles imported into the
United States before the effective date of the foreign law making the
taking or sale, as the case may be, of such marine mammals or marine
mammal products unlawful.
Sec. 18.26 Collection of certain dead marine mammal parts.
(a) Any bones, teeth or ivory of any dead marine mammal may be
collected from a beach or from land within \1/4\ of a mile of the ocean.
The term ``ocean'' includes bays and estuaries.
(b) Marine mammal parts so collected may be retained if registered
within 30 days with an agent of the National Marine Fisheries Service,
or an agent of the U.S. Fish and Wildlife Service.
(c) Registration shall include (1) the name of the owner, (2) a
description of the article to be registered and (3) the date and
location of collection.
(d) Title to any marine mammal parts collected under this section is
not transferable, unless consented to in writing by the agent referred
to in paragraph (b) of this section.
[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Sec. 18.27 Regulations governing small takes of marine mammals incidental
to specified activities.
(a) Purpose of regulations. The regulations in this section
implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972,
as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for
allowing, upon request, during periods of not more than five consecutive
years each, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region.
(b) Scope of regulations. The taking of small numbers of marine
mammals under section 101(a)(5) of the Marine Mammal Protection Act may
be allowed only if the Director of the Fish and Wildlife Service (1)
finds, based on the best scientific evidence available, that the total
taking during the specified time period will have a negligible impact on
the species or stock and will not have an unmitigable adverse impact on
the availability of the species or stock for subsistence uses; (2)
prescribes regulations setting forth permissible methods of taking and
other means of effecting the least practicable adverse impact on the
species and its habitat and on the availability of the species for
subsistence uses, paying particular attention to rookeries, mating
grounds, and areas of similar significance; and (3) prescribes
regulations pertaining to the monitoring and reporting of such taking.
Note: The information collection requirement contained in this Sec.
18.27 has been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The
information is being collected to describe the activity proposed and
estimate the cumulative impacts of potential takings by all persons
conducting the activity. The information will be used to evaluate the
application and determine whether to issue Specific Regulations and,
subsequently, Letters of Authorization. Response is required to obtain a
benefit.
The public reporting burden from this requirement is estimated to
vary from 2 to 200 hours per response with an average of 10 hours per
response including time for reviewing instructions, gathering and
maintaining data, and completing and reviewing applications for specific
regulations and Letters of Authorization. Direct comments regarding the
burden estimate or any other aspect of this requirement to the
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, Department of the Interior, Mail Stop--220 ARLSQ, 18th and C
Streets NW., Washington, DC 20240, and the Office of Management and
Budget, Paperwork Reduction Project (Clearance No. 1018-0070),
Washington, DC 20503.
(c) Definitions. In addition to definitions contained in the Act and
in 50 CFR 18.3 and unless the context otherwise requires, in this
section:
Citizens of the United States and U.S. citizens mean individual U.S.
citizens or any corporation or similar entity if it is organized under
the laws of the United States or any governmental unit defined in 16
U.S.C. 1362(13). U.S. Federal, State and local government agencies shall
also constitute citizens of the United States for purposes of this
section.
Incidental, but not intentional, taking means takings which are
infrequent,
[[Page 15]]
unavoidable, or accidental. It does not mean that the taking must be
unexpected. (Complete definition of take is contained in 50 CFR 18.3.)
Negligible impact is an impact resulting from the specified activity
that cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates of
recruitment or survival.
Small numbers means a portion of a marine mammal species or stock
whose taking would have a negligible impact on that species or stock.
Specified activity means any activity, other than commercial
fishing, which takes place in a specified geographical region and
potentially involves the taking of small numbers of marine mammals. The
specified activity and specified geographical region should be
identified so that the anticipated effects on marine mammals will be
substantially similar.
Specified geographical region means an area within which a specified
activity is conducted and which has similar biogeographic
characteristics.
Unmitigable adverse impact means an impact resulting from the
specified activity (1) that is likely to reduce the availability of the
species to a level insufficient for a harvest to meet subsistence needs
by (i) causing the marine mammals to abandon or avoid hunting areas,
(ii) directly displacing subsistence users, or (iii) placing physical
barriers between the marine mammals and the subsistence hunters; and (2)
that cannot be sufficiently mitigated by other measures to increase the
availability of marine mammals to allow subsistence needs to be met.
(d) Submission of requests. (1) In order for the Fish and Wildlife
Service to consider allowing the taking by U.S citizens of small numbers
of marine mammals incidental to a specified activity, a written request
must be submitted to the Director, U.S. Fish and Wildlife Service,
Department of the Interior, Washington, DC 20240. Requests shall include
the following information on the activity as a whole, which includes,
but is not limited to, an assessment of total impacts by all persons
conducting the activity:
(i) A description of the specific activity or class of activities
that can be expected to result in incidental taking of marine mammals;
(ii) The dates and duration of such activity and the specific
geographical region where it will occur;
(iii) Based upon the best available scientific information;
(A) An estimate of the species and numbers of marine mammals likely
to be taken by age, sex, and reproductive conditions, and the type of
taking (e.g., disturbance by sound, injury or death resulting from
collision, etc.) and the number of times such taking is likely to occur;
(B) A description of the status, distribution, and seasonal
distribution (when applicable) of the affected species or stocks likely
to be affected by such activities;
(C) The anticipated impact of the activity upon the species or
stocks;
(D) The anticipated impact of the activity on the availability of
the species or stocks for subsistence uses;
(iv) The anticipated impact of the activity upon the habitat of the
marine mammal populations and the likelihood of restoration of the
affected habitat;
(v) The anticipated impact of the loss or modification of the
habitat on the marine mammal population involved;
(vi) The availability and feasibility (economic and technological)
of equipment, methods, and manner of conducting such activity or other
means of effecting the least practicable adverse impact upon the
affected species or stocks, their habitat, and, where relevant, on their
availability for subsistence uses, paying particular attention to
rookeries, mating grounds, and areas of similar significance. (The
applicant and those conducting the specified activity and the affected
subsistence users are encouraged to develop mutually agreeable
mitigating measures that will meet the needs of subsistence users.);
(vii) Suggested means of accomplishing the necessary monitoring and
reporting which will result in increased knowledge of the species
through an analysis of the level of taking or impacts and suggested
means of minimizing burdens by coordinating such
[[Page 16]]
reporting requirements with other schemes already applicable to persons
conducting such activity; and
(viii) Suggested means of learning of, encouraging, and coordinating
research opportunities, plans and activities relating to reducing such
incidental taking from such specified activities, and evaluating its
effects.
(2) The Director shall determine the adequacy and completeness of a
request, and if found to be adequate, will invite information,
suggestions, and comments on the preliminary finding of negligible
impact and on the proposed specific regulations through notice in the
Federal Register, newspapers of general circulation, and appropriate
electronic media in the coastal areas that may be affected by such
activity. All information and suggestions will be considered by the Fish
and Wildlife Service in developing final findings and effective specific
regulations.
(3) The Director shall evaluate each request to determine, based on
the best available scientific evidence, whether the total taking will
have a negligible impact on the species or stock and, where appropriate,
will not have an unmitigable adverse impact on the availability of such
species or stock for subsistence uses. If the Director finds that
mitigating measures would render the impact of the specified activity
negligible when it would not otherwise satisfy that requirement, the
Director may make a finding of negligible impact subject to such
mitigating measures being successfully implemented. Any preliminary
findings of ``negligible impact'' and ``no unmitigable adverse impact''
shall be proposed for public comment along with the proposed specific
regulations.
(4) If the Director cannot make a finding that the total taking will
have a negligible impact in the species or stock or will not have an
unmitigable adverse impact on the availability of such species or stock
for subsistence uses, the Director shall publish in the Federal Register
the negative finding along with the basis for denying the request.
(e) Specific regulations. (1) Specific regulations will be
established for each allowed activity which set forth (i) permissible
methods of taking, (ii) means of effecting the least practicable adverse
impact on the species and its habitat and on the availability of the
species for subsistence uses, and (iii) requirements for monitoring and
reporting.
(2) Regulations will be established based on the best available
scientific information. As new information is developed, through
monitoring, reporting, or research, the regulations may be modified, in
whole or part, after notice and opportunity for public review.
(f) Letters of Authorization. (1) A Letter of Authorization, which
may be issued only to U.S. citizens, is required to conduct activities
pursuant to any specific regulations established. Requests for Letters
of Authorization shall be submitted to the Director, U.S. Fish and
Wildlife Service, Department of the Interior, Washington, DC 20240. The
information to be submitted in a request may be obtained by writing the
Director. Once specific regulations are effective, the Service will to
the maximum extent possible, process subsequent applications for Letters
of Authorization within 30 days after receipt of the application by the
Service.
(2) Issuance of a Letter of Authorization will be based on a
determination that the level of taking will be consistent with the
findings made for the total taking allowable under the specific
regulations.
(3) Notice of issuance of all Letters of Authorization will be
published in the Federal Register within 30 days of issuance.
(4) Letters of Authorization will specify the period of validity and
any additional terms and conditions appropriate for the specific
request.
(5) Letters of Authorization shall be withdrawn or suspended, either
on an individual or class basis, as appropriate, if, after notice and
opportunity for public comment, the Director determines: (i) The
regulations prescribed are not being substantially complied with, or
(ii) the taking allowed is having, or may have, more than a negligible
impact on the species or stock, or where relevant, an unmitigable
adverse impact on the availability of the species or stock for
subsistence uses.
[[Page 17]]
(6) The requirement for notice and opportunity for public review in
paragraph (f)(5) of this section shall not apply if the Director
determines that an emergency exists which poses a significant risk to
the well-being of the species or stocks of marine mammals concerned.
(7) A violation of any of the terms and conditions of a Letter of
Authorization or of the specific regulations may subject the Holder and/
or any individual who is operating under the authority of the Holder's
Letter of Authorization to penalties provided in the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361-1407).
[48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989;
55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991]
Subpart D--Special Exceptions
Sec. 18.30 Polar bear sport-hunted trophy import permits.
(a) Application procedure. You, as the hunter or heir of the
hunter's estate, must submit an application for a permit to import a
trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife
Service, Office of Management Authority, 4401 N. Fairfax Drive,
Arlington, Virginia 22203. You must use an official application (Form 3-
200) provided by the Service and must include as an attachment all of
the following additional information:
(1) Certification that:
(i) You or the deceased hunter took the polar bear as a personal
sport-hunted trophy;
(ii) You will use the trophy only for personal display purposes;
(iii) The polar bear was not a pregnant female, a female with
dependent nursing cub(s) or a nursing cub (such as in a family group),
or a bear in a den or constructing a den when you took it; and
(iv) For a polar bear taken after April 30, 1994, you made sure the
gall bladder and its contents were destroyed;
(2) Name and address of the person in the United States receiving
the polar bear trophy if other than yourself;
(3) For a polar bear received as an inheritance, documentation to
show that you are the legal heir of the decedent who took the trophy;
(4) Proof that you or the decedent legally harvested the polar bear
in Canada as shown by one of the following:
(i) A copy of the Northwest Territories (NWT) or Nunavut Territory
hunting license and tag number;
(ii) A copy of the Canadian CITES export permit that identifies the
polar bear by hunting license and tag number;
(iii) A copy of the NWT or Nunavut Territory export permit; or
(iv) A certification from the Department of Resources, Wildlife, and
Economic Development, Northwest Territories, or the Department of
Sustainable Development, Nunavut Territory, that you or the decedent
legally harvested the polar bear, giving the tag number, location
(settlement and population), and season you or the decedent took the
bear;
(5) An itemized description of the polar bear parts you wish to
import, including size and the sex of the polar bear;
(6) The month and year the polar bear was sport hunted;
(7) The location (nearest settlement or community) where the bear
was sport hunted;
(8) For a female bear or a bear of unknown sex that was taken before
January 1, 1986, documentary evidence that the bear was not pregnant at
the time of take, including, but not limited to, documentation, such as
a hunting license or travel itinerary, that shows the bear was not taken
in October, November, or December or that shows that the location of the
hunt did not include an area that supported maternity dens; and
(9) For a female bear, bear of unknown sex, or male bear that is
less than 6 feet in length (from tip of nose to the base of the tail)
that was taken prior to the 1996/97 NWT polar bear harvest season,
available documentation to show that the bear was not nursing,
including, but not limited to, documentation, such as a certification
from the NWT, that the bear was not taken while part of a family group.
[[Page 18]]
(b) Definitions. In addition to the definitions in this paragraph,
the definitions in 50 CFR 10.12, 18.3, and 23.3 apply to this section.
(1) Sport-hunted trophy means a mount, rug or other display item
composed of the hide, hair, skull, teeth, baculum, bones, and claws of
the specimen which was taken by the applicant or decedent during a sport
hunt for personal, noncommercial use and does not include any internal
organ of the animal, including the gall bladder. Articles made from the
specimen, such as finished or unfinished, worked, manufactured, or
handicraft items for use as clothing, curio, ornamentation, jewelry, or
as a utilitarian item are not considered trophy items.
(2) Management agreement means a written agreement between parties
that share management responsibilities for a polar bear population which
describes what portion of the harvestable quota will be allocated to
each party and other measures which may be taken for the conservation of
the population, such as harvest seasons, sex ratio of the harvest, and
protection of females and cubs.
(c) Procedures for issuance of permits and modification, suspension
or revocation of permits. We, the Service, shall suspend, modify or
revoke permits issued under this section:
(1) In accordance with regulations contained in Sec. 18.33; and
(2) If, in consultation with the appropriate authority in Canada, we
determine that the sustainability of Canada's polar bear populations is
being adversely affected or that sport hunting may be having a
detrimental effect on maintaining polar bear populations throughout
their range.
(d) Issuance criteria. In deciding whether to issue an import permit
for a sport-hunted trophy, we must determine in addition to the general
criteria in part 13 of this subchapter whether:
(1) You previously imported the specimen into the United States
without a permit;
(2) The specimen meets the definition of a sport-hunted trophy in
paragraph (b) of this section;
(3) You legally harvested the polar bear in Canada;
(4) Canada has a monitored and enforced sport-hunting program
consistent with the purposes of the 1973 International Agreement on the
Conservation of Polar Bears;
(5) Canada has a sport-hunting program, based on scientifically
sound quotas, ensuring the maintenance of the affected population at a
sustainable level; and
(6) The export and subsequent import:
(i) Are consistent with the provisions of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) and other international agreements and conventions; and
(ii) Are not likely to contribute to illegal trade in bear parts,
including for bears taken after April 30, 1994, that the gall bladder
and its contents were destroyed.
(e) Additional permit conditions. Your permit to import a sport-
hunted trophy of a polar bear taken in Canada is subject to the permit
conditions outlined in Sec. 18.31(d) and the following additional permit
conditions:
(1) You, the permittee, may not import internal organs of the polar
bear, including the gall bladder;
(2) After import you may not alter or use the trophy in a manner
inconsistent with the definition of a sport-hunted polar bear trophy as
given in Sec. 18.30(b);
(3) You may not import a sport-hunted trophy if the polar bear at
the time you or the decedent took it was:
(i) A nursing bear or a female with nursing young (i.e., part of a
family group);
(ii) A pregnant female; or
(iii) A bear moving into a den or in a den;
(4) You must present to Service personnel at the time of import a
valid CITES document from the country of export or re-export;
(5) You must comply with the following import procedures:
(i) Import the sport-hunted trophy through a designated port for
wildlife imports (see Sec. 14.12 of this subchapter) during regular
business hours, except for full mount trophies that have been granted an
exception to designated
[[Page 19]]
port permit requirements under Sec. 14.32 of this subchapter;
(ii) Not send the trophy through the international mail; and
(iii) Notify Service personnel at the port at least 48 hours before
the import (see Sec. 14.54 of this subchapter) and make arrangements for
Service personnel to affix a tag in accordance with paragraph (e)(7) of
this section prior to being cleared (see Sec. 14.52 of this subchapter);
(6) You must import all parts of a single trophy at the same time;
(7) The following tagging/marking procedures apply:
(i) Service personnel must affix a permanently locking tag that
contains a unique serial number and the common name ``polar bear'' to
the hide which must remain fixed indefinitely to the hide as proof of
legal import; and
(ii) Service personnel must permanently mark upon import the parts
of the trophy other than the hide, such as the skull and bones, with the
hide tag number; and
(8) If the tag comes off the hide, you must within 30 days:
(i) Contact the nearest Service office at a designated port or a Law
Enforcement office as given in Sec. 10.22 of this subchapter to schedule
a time to present the trophy for retagging;
(ii) Provide as proof that the trophy had been tagged and legally
imported a copy of the:
(A) Canceled CITES export permit or re-export certificate;
(B) Canceled U.S. import permit issued under this section; or
(C) Cleared wildlife declaration form (3-177); and
(iii) Present either the broken tag, or if the tag was lost, a
signed written explanation of how and when the tag was lost.
(f) Duration of permits. The permit will be valid for no more than
one year from the date of issuance.
(g) Fees. (1) You must pay the standard permit processing fee as
given in Sec. 13.11(4) when filing an application.
(2) You must pay the issuance fee of $1,000 when we notify you the
application is approved. We cannot issue an import permit until you pay
this fee. We will use the issuance fee to develop and implement
cooperative research and management programs for the conservation of
polar bears in Alaska and Russia under section 113(d) of the Marine
Mammal Protection Act.
(h) Scientific review. (1) We will undertake a scientific review of
the impact of permits issued under this section on the polar bear
populations in Canada within 2 years of March 20, 1997.
(i) The review will provide an opportunity for public comment and
include a response to the public comment in the final report; and
(ii) We will not issue permits under this section if we determine,
based upon scientific review, that the issuance of permits under this
section is having a significant adverse impact on the polar bear
populations in Canada; and
(2) After the initial review, we may review whether the issuance of
permits under this section is having a significant adverse impact on the
polar bear populations in Canada annually in light of the best
scientific information available. The review must be completed no later
than January 31 in any year a review is undertaken.
(i) Findings. Polar bear sport-hunted trophies may only be imported
after issuance of an import permit, and in accordance with the following
findings and conditions:
(1) We have determined that the Northwest Territories and Nunavut
Territory, Canada, have a monitored and enforced sport-hunting program
that meets issuance criteria of paragraphs (d) (4) and (5) of this
section for the following populations: Southern Beaufort Sea, Northern
Beaufort Sea, Viscount Melville Sound (subject to the lifting of the
moratorium in this population), Western Hudson Bay, M'Clintock Channel
(only for polar bears lawfully taken on or before May 31, 2000),
Lancaster Sound, and Norwegian Bay, and that:
(i) For the Southern Beaufort Sea population, no bears are taken
west of the equidistant line of the Beaufort Sea;
(ii) For all populations, females with cubs, cubs, or polar bears
moving into denning areas or already in dens are protected from taking
by hunting activities; and
[[Page 20]]
(iii) For all populations, management agreements among all
management entities with scientifically sound quotas are in place; and
(2) Any sport-hunted trophy taken in the Northwest Territories,
Canada, between December 21, 1972, and April 30, 1994, may be issued an
import permit when:
(i) From an approved population listed in paragraph (i)(1); and
(ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6)
of this section are met.
[62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999; 66
FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001]
Sec. 18.31 Scientific research permits and public display permits.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the taking and importation of marine mammals for scientific research
purposes or for public display.
(a) Application procedure. Applications for permits to take and
import marine mammals for scientific research purposes or for public
display shall be submitted to the Director. Each such application must
contain the general information and certification required by Sec.
13.12(a) of this subchapter plus the following additional information:
(1) A statement of the purpose, date, location and manner of the
taking or importation;
(2) A description of the marine mammal or the marine mammal products
to be taken or imported, including the species or subspecies involved;
the population stock, when known, the number of specimens or products
(or the weight thereof, where appropriate); and the anticipated age,
size, sex, and condition (i.e., whether pregnant or nursing) of the
animals involved;
(3) If the marine mammal is to be taken and transported alive, a
complete description of the manner of transportation, care and
maintenance, including the type, size, and construction of the container
or artificial environment; arrangements for feeding and sanitation; a
statement of the applicant's qualifications and previous experience in
caring for and handling captive marine mammals and a like statement as
to the qualifications of any common carrier or agent to be employed to
transport the animal; and a written certification of a licensed
veterinarian knowledgeable in the field of marine mammals that he has
personally reviewed the arrangements for transporting and maintaining
the animals and that in his opinion they are adequate to provide for the
well-being of the animal;
(4) If the application is for a scientific research permit, a
detailed description of the scientific research project or program in
which the marine mammal or marine mammal product is to be used including
a copy of the research proposal relating to such program or project and
the names and addresses of the sponsor or cooperating institution and
the scientists involved;
(5) If the application is for a scientific research permit, and if
the marine mammal proposed to be taken or imported is listed as an
endangered or threatened species or has been designated by the Secretary
as depleted, a detailed justification of the need for such a marine
mammal, including a discussion of possible alternatives, whether or not
under the control of the applicant; and
(6) If the application is for a public display permit, a detailed
description of the proposed use to which the marine mammal or marine
mammal product is to be put, including the manner, location, and times
of display, whether such display is for profit, an estimate of the
numbers and types of persons who it is anticipated will benefit for such
display, and whether and to what extent the display is connected with
educational or scientific programs. There shall also be included a
complete description of the enterprise seeking the display permit and
its educational, and scientific qualifications, if any.
(b) Review by Marine Mammal Commission. Upon receipt of an
application the Director shall forward the application to the Marine
Mammal Commission together with a request for the recommendations of the
Commission and the Committee of Scientific Advisors on Marine Mammals.
In order to comply with the time limits provided in
[[Page 21]]
these regulations, the Director shall request that such recommendation
be submitted within 30 days of receipt of the application by the
Commission. If the Commission or the Committee, as the case may be, does
not respond within 30 days from the receipt of such application by the
Commission, the Director shall advise the Commission in writing that
failure to respond within 45 days from original receipt of the
application (or such longer time as the Director may establish) shall be
considered as a recommendation from the Commission and the Committee
that the permit be issued. The Director may also consult with any other
person, institution or agency concerning the application.
(c) Issuance criteria. Permits applied for under this section shall
be issued, suspended, modified and revoked pursuant to regulations
contained in Sec. 18.33. In determining whether to issue a scientific
research permit, the Director shall consider whether the proposed taking
or importation will be consistent with the policies and purposes of the
Act; and whether the granting of the permit is required to further a
bona fide and necessary or desirable scientific purpose, taking into
account the benefits anticipated to be derived from the scientific
research contemplated and the effect of the purposed taking or
importation on the population stock and the marine ecosystem. In
determining whether to issue a public display permit, the Director shall
consider whether the proposed taking or importation will be consistent
with the policies and purposes of the Act; whether a substantial public
benefit will be gained from the display contemplated, taking into
account the manner of the display and the anticipated audience on the
one hand, and the effect of the proposed taking or importation on the
population stocks of the marine mammal in question and the marine
ecosystem on the other; and the applicant's qualifications for the
proper care and maintenance of the marine mammal or the marine mammal
product, and the adequacy of his facilities.
(d) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits issued
under this section shall be subject to the following conditions:
(1) Any permit issued under these regulations must be in the
possession of the person to whom it is issued (or an agent of such
person) during:
(i) The time of the authorized taking or importation;
(ii) The period of any transit of such person or agent which is
incidental to such taking or importation; and
(iii) Any other time while any marine mammal taken or imported under
such permit is in the possession of such person or agent.
(2) A duplicate copy of the issued permit must be physically
attached to the container, package, enclosure, or other means of
containment, in which the marine mammal is placed for purposes of
storage, transit, supervision, or care.
(e) Tenure of permits. The tenure of permits for scientific research
or public display shall be designated on the face of the permit.
Sec. 18.32 Waiver of the moratorium.
See subpart F (Waiver of the moratorium; State laws and regulations)
and subpart G (Notice and Hearing on section 103 Regulations) for
procedures regarding waivers of the moratorium in those circumstances
where a state provides an acceptable management program for a species or
population stock within its jurisdiction.
[40 FR 59442, Dec. 24, 1975]
Sec. 18.33 Procedures for issuance of permits and modification, suspension,
or revocation thereof.
(a) Whenever application for a permit is received by the director
which the director deems sufficient, he shall, as soon as practicable,
publish a notice thereof in the Federal Register. Such notice shall set
forth a summary of the information contained in such application. Any
interested party may, within 30 days after the date of publication of
such notice, submit to the director his written data or views with
respect to the taking or importation proposed in such application and
may request a hearing in connection with the action to be taken thereon.
(b) If the request for a hearing is made within the 30-day period
referred to in paragraph (a) of this section, or if
[[Page 22]]
the director determines that a hearing would otherwise be advisable, the
director may, within 60 days after the date of publication of the notice
referred to in paragraph (a) of this section, afford to such requesting
party or parties an opportunity for a hearing. Such hearing shall also
be open to participation by any interested members of the public. Notice
of the date, time, and place of such hearing shall be published in the
Federal Register not less than 15 days in advance of such hearing. Any
interested person may appear in person or through representatives at the
hearing and may submit any relevant material, data, views, comments,
arguments, or exhibits. A summary record of the hearing shall be kept.
(c) As soon as practicable but not later than 30 days after the
close of the hearing (or if no hearing is held, as soon as practicable
after the end of the 30 days succeeding publication of the notice
referred to in paragraph (a) of this section the director shall issue or
deny issuance of the permit. Notice of the decision of the director
shall be published in the Federal Register within 10 days after the date
of such issuance or denial. Such notice shall include the date of the
issuance or denial and indicate where copies of the permit, if issued,
may be obtained.
(d) Any permit shall be subject to modification, suspension, or
revocation by the director in whole or in part in accordance with these
regulations and the terms of such permits. The permittee shall be given
written notice by registered mail, return receipt requested, of any
proposed modification, suspension, or revocation. Such notice shall
specify:
(1) The action proposed to be taken along with a summary of the
reasons therefor;
(2) In accordance with 5 U.S.C. 558, the steps which the permittee
may take to demonstrate or achieve compliance with all lawful
requirements; and
(3) That the permittee is entitled to a hearing thereon if a written
request for such a hearing is received by the Director within 10 days
after receipt of the aforesaid notice or such other later date as may be
specified in the notice to the permittee. The time and place of the
hearing, if requested by the permittee, shall be determined by the
director and a written notice thereof given to the permittee by
registered mail, return receipt requested, not less than 15 days prior
to the date of hearing specified. The director may, in his discretion,
allow participation at the hearing by interested members of the public.
The permittee and other parties participating may submit all relevant
material, data, views, comments, arguments, and exhibits at the hearing.
A summary record shall be kept of any such hearing.
(e) The Director shall make a decision regarding the proposed
modification, suspension, or revocation, as soon as practicable after
the close of the hearing, or if no hearing is held, as soon as
practicable after the close of the 10 day period during which a hearing
could have been requested. Notice of the modification, suspension, or
revocation shall be published in the Federal Register within 10 days
from the date of the Director's decision. In no event shall the proposed
action take effect until notice of the Director's decision is published
in the Federal Register.
Subpart E--Depleted Species or Stocks [Reserved]
Subpart F--Transfer of Management Authority to States
Note: Regulations governing the transfer of management authority to
States pursuant to section 109 of the Marine Mammal Protection Act for
marine mammal species under the jurisdiction of the Secretary of the
Interior are found at part 403 of this title.
[48 FR 22456, May 18, 1983]
Subpart G--Notice and Hearing on Section 103 Regulations
Source: 41 FR 5396, Feb. 6, 1976, unless otherwise noted.
Sec. 18.70 Basis and purpose.
(a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and
1371(b)) and these regulations authorize the Director, U.S.
[[Page 23]]
Fish and Wildlife Service, to: (1) Impose regulations governing the
taking of marine mammals incidental to commercial fishing operations;
(2) waive the moratorium and adopt regulations with respect to the
taking and importing of animals from each species of marine mammals
under his jurisdiction; and (3) prescribe regulations governing the
taking of depleted marine mammals by any Indian, Aleut or Eskimo,
respectively. In prescribing regulations to carry out the provisions of
said sections, the act refers the Director to section 103 (16 U.S.C.
1373). In accordance with section 103(d), regulations must be made on
the record after opportunity for an agency hearing on such regulations
and, in the case of a waiver, on the determination by the Director to
waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C.
1371(a)(3)(A)).
(b) [Reserved]
Sec. 18.71 Definitions.
Definitions shall be the same as in subpart A of this part except as
follows:
(a) Party means for the purposes of this subpart:
(1) The Director or his representative; or
(2) A person who has notified the Director by specified dates of his
or her intent to participate in the hearing pursuant to Sec.Sec. 18.75
and 18.84(b).
(b) Presiding officer means, for the purposes of this subpart, an
administrative law judge of the Office of Hearings and Appeals appointed
in accordance with 5 U.S.C. 3105.
(c) Witness means, for the purposes of this subpart, any person who
provides direct testimony on the proposed regulations and waiver. A
person may be both a party and a witness.
Sec. 18.72 Scope of regulations.
The procedural regulations in this subpart govern the practice and
procedure in hearings held under section 103(d) of the Act. These
hearings will be governed by the provisions of sections 556 and 557 of
the Administrative Procedure Act (5 U.S.C. 556 and 557). The regulations
shall be construed to secure the just, speedy, and inexpensive
determination of all issues raised with respect to any waiver and/or
regulation proposed pursuant to section 103(d) of the act in a manner
which gives full protection to the rights of all persons affected
thereby.
Sec. 18.73 Burden of proof.
The proponents of the proposed regulations and waiver must
demonstrate that any taking or importation of any marine mammal under
such proposed regulations and waiver would be consistent with the act.
Sec. 18.74 Notice of hearing.
(a) A notice of hearing on any proposed regulations shall be
published in the Federal Register, together with the Director's proposed
determination to waive the moratorium pursuant to section 101(a)(3)(A)
(16 U.S.C. 1371(a)(3)(A)), where applicable.
(b) The notice shall state:
(1) The nature of the hearing;
(2) The place and date of the hearing. The date shall not be less
than 60 days after publication of notice of the hearing;
(3) The legal authority under which the hearing is to be held;
(4) The proposed regulations and waiver, where applicable, and a
summary of the statements required by section 103(d) of the Act (16
U.S.C. 1373(d));
(5) Issues of fact which may be involved in the hearing;
(6) If an Environmental Impact Statement is required, the date of
publication of the Statement and the times and place(s) where the
Statement and comments thereon may be viewed and copied;
(7) Any written advice received from the Marine Mammal Commission;
(8) The times and place(s) where records and submitted direct
testimony will be kept for public inspection, along with appropriate
references to any other documents;
(9) The final date for filing with the Director a notice of intent
to participate in the hearing pursuant to Sec. 18.75;
(10) The final date for submission of direct testimony on the
proposed regulations and waiver, if applicable, and the number of copies
required;
[[Page 24]]
(11) The docket number assigned to the case which shall be used in
all subsequent proceedings; and
(12) The place and date of the prehearing conference.
Sec. 18.75 Notification by interested persons.
Any person desiring to participate as a party shall notify the
Director, by certified mail, on or before the date specified in the
notice of hearing.
Sec. 18.76 Presiding officer.
(a) Upon publication of the notice of hearing pursuant to Sec.
18.74, the Office of Hearings and Appeals shall appoint a presiding
officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of
interest, financial or otherwise, shall serve as presiding officer in
such proceeding.
(b) The presiding officer, in any proceeding under this subpart,
shall have power to:
(1) Change the time and place of the hearing and adjourn the
hearing;
(2) Evaluate direct testimony submitted pursuant to these
regulations, make a preliminary determination of the issues, conduct a
prehearing conference to determine the issues for the hearing agenda,
and cause to be published in the Federal Register a final hearing
agenda;
(3) Rule upon motions, requests and admissibility of direct
testimony;
(4) Administer oaths and affirmations, question witnesses and direct
witnesses to testify;
(5) Modify or waive any rule (after notice) when determining no
party will be prejudiced;
(6) Receive written comments and hear oral arguments;
(7) Render a recommended decision; and
(8) Do all acts and take all measures, including regulation of media
coverage, for the maintenance of order at and the efficient conduct of
the proceeding.
(c) In case of the absence of the original presiding officer or his
inability to act, the powers and duties to be performed by the original
presiding officer under this part in connection with a proceeding may,
without abatement of the proceeding, be assigned to any other presiding
officer by the Office of Hearings and Appeals unless otherwise ordered
by the Director.
(d) The presiding officer shall withdraw from the proceeding upon
his own motion or upon the filing of a motion by a party under Sec.
18.76(e) if he deems himself disqualified under recognized canons of
judicial ethics.
(e) A presiding officer may be requested to withdraw at any time
prior to the recommended decision. If there is filed by a party in good
faith a timely and sufficient affidavit alleging the presiding officer's
personal bias, malice, conflict of interest or other basis which might
result in prejudice to a party, the hearing shall recess. The Director
of the Office of Hearings and Appeals shall immediately determine the
matter as a part of the record and decision in the proceeding, after
making such investigation or holding such hearings, or both, as he may
deem appropriate in the circumstances.
Sec. 18.77 Direct testimony submitted as written documents.
(a) Unless otherwise specified, all direct testimony, including
accompanying exhibits, must be submitted to the presiding officer in
writing no later than the dates specified in the notice of the hearing
(Sec. 18.74), the prehearing order (Sec. 18.82), or within 15 days after
the conclusion of the prehearing conference (Sec. 18.84) as the case may
be. All direct testimony, referred to in the affidavit and made a part
thereof, must be attached to the affidavit. Direct testimony submitted
with exhibits must state the issue to which the exhibit relates; if no
such statement is made, the presiding officer shall determine the
relevance of the exhibit to the issues published in the Federal
Register.
(b) The direct testimony submitted shall contain:
(1) A concise statement of the witness' interest in the proceeding
and his position regarding the issues presented. If the direct testimony
is presented by a witness who is not a party, the witness shall state
his relationship to the party; and
(2) Facts that are relevant and material.
(c) The direct testimony may propose issues of fact not defined in
the notice
[[Page 25]]
of the hearing and the reason(s) why such issues should be considered at
the hearing.
(d) Ten copies of all direct testimony must be submitted unless the
notice of the hearing otherwise specifies.
(e) Upon receipt, direct testimony shall be assigned a number and
stamped with that number and the docket number.
(f) Contemporaneous with the publication of the notice of hearing,
the Director's direct testimony in support of the proposed regulations
and waiver, where applicable, shall be available for public inspection
as specified in the notice of hearing. The Director may submit
additional direct testimony during the time periods allowed for
submission of such testimony by witnesses.
Sec. 18.78 Mailing address.
Unless otherwise specified in the notice of hearing, all direct
testimony shall be addressed to the Presiding Officer, c/o Director,
U.S. Fish and Wildlife Service, Washington, DC 20240. All affidavits and
exhibits shall be clearly marked with the docket number of the
proceedings.
Sec. 18.79 Inspection and copying of documents.
Any document in a file pertaining to any hearing authorized by this
subpart or any document forming part of the record of such a hearing may
be inspected and/or copied in the Office of the Director, U.S. Fish and
Wildlife Service, Washington, DC 20240, unless the file is in the care
and custody of the presiding officer, in which case he shall notify the
parties as to where and when the record may be inspected.
Sec. 18.80 Ex parte communications.
(a) After notice of a hearing is published in the Federal Register,
all communications, whether oral or written, involving any substantive
or procedural issue and directed either to the presiding officer or to
the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish
and Wildlife Service, without reference to these rules of procedure,
shall be deemed ex parte communications and are not to be considered
part of the record for decision.
(b) A record of oral conversations shall be made by the above
persons who are contacted. All communications shall be available for
public viewing at times and place(s) specified in the notice of hearing.
(c) The presiding officer shall not communicate with any party on
any fact in issue or on the merits of the matter unless notice and
opportunity is given for all parties to participate.
Sec. 18.81 Prehearing conference.
(a) After an examination of all the direct testimony submitted
pursuant to Sec. 18.77, the presiding officer shall make a preliminary
determination of issues of fact which may be addressed at the hearing.
(b) The presiding officer's preliminary determination shall be made
available at the place or places provided in the notice of the hearing
(Sec. 18.74(b)(8)) at least five days before the prehearing conference
is held.
(c) The purpose of the prehearing conference shall be to enable the
presiding officer to determine, on the basis of the direct testimony
submitted and prehearing discussions:
(1) Whether the presiding officer's preliminary determination of
issues of fact for the hearing has omitted any significant issues;
(2) What facts are not in dispute;
(3) Which witnesses may appear at the hearing; and
(4) The nature of the interest of each party and which parties'
interests are adverse.
(d) Only parties may participate in the prehearing conference, and a
party may appear in person or be represented by counsel.
Sec. 18.82 Prehearing order.
(a) After the prehearing conference, the presiding officer shall
prepare a prehearing order which shall be published in the Federal
Register within ten days after the conclusion of the conference. A copy
of the prehearing order shall be mailed to all Parties.
(b) The prehearing order shall list: (1) All the issues which the
hearing shall address, the order in which those issues shall be
presented, and the direct testimony submitted which bears on the
[[Page 26]]
issues; and (2) a final date for submission of direct testimony on
issues of fact not included in the notice of hearing if such issues are
presented. The prehearing order may also specify a final date for
submission of direct testimony to rebut testimony previously submitted
during the time specified in the notice of the hearing.
(c) The presiding officer shall publish with the prehearing order a
list of witnesses who may appear at the hearing, a list of parties, the
nature of the interest of each party, and which parties interests are
adverse on the issues presented.
(d) All parties shall be bound by the prehearing order.
Sec. 18.83 Determination to cancel the hearing.
(a) If the presiding officer determines that no issues of material
fact are presented by the direct testimony submitted prior to the date
of the hearing, he may publish in the Federal Register such
determination and that on issues of material fact a hearing shall not be
held. The presiding officer may provide an opportunity for argument on
any issues of law presented by the direct testimony.
(b) Promptly after oral argument, if any, the presiding officer
shall make a recommended decision based on the record, which in this
case shall consist of the direct testimony and any oral argument
presented. He shall transmit to the Director his recommended decision,
the record and a certificate stating that the record contains all the
written direct testimony. The Director shall then make a final decision
in accordance with these regulations (Sec. 18.91).
Sec. 18.84 Rebuttal testimony and new issues of fact in prehearing order.
(a) Direct testimony to rebut testimony offered during the time
period specified in the notice of hearing may be submitted pursuant to
these regulations within fifteen days after the conclusion of the
prehearing conference unless the presiding officer otherwise specifies
in the prehearing order.
(b) If the prehearing order presents issues not included in the
notice of the hearing published pursuant to Sec. 18.74:
(1) Any person interested in participating at the hearing on such
issues presented shall notify the Director by certified mail of an
intent to participate not later than ten days after publication of the
prehearing order. Such person may present direct testimony or cross-
examine witnesses only on such issues presented unless he previously
notified the Director pursuant to Sec. 18.75; and
(2) Additional written direct testimony concerning such issues may
be submitted within the time provided in the prehearing order. Such
direct testimony will comply with the requirements of Sec. 18.77.
Sec. 18.85 Waiver of right to participate.
Any person who fails to notify the Director of his intent to
participate pursuant to Sec. 18.75 or Sec. 18.84 shall be deemed to have
waived his right to participate as a party.
Sec. 18.86 Conduct of the hearing.
(a) The hearing shall be held at the time and place fixed in the
notice of hearing, unless the presiding officer changes the time or
place. If a change occurs, the presiding officer shall publish the
change in the Federal Register and shall expeditiously notify all
parties by telephone or by mail. If the change in time or place of
hearing is made less than five days before the date previously fixed for
the hearing, the presiding officer shall also announce, or cause to be
announced, the change at the time and place previously fixed for the
hearing.
(b) The presiding officer shall, at the commencement of the hearing,
introduce into the record the notice of hearing as published in the
Federal Register, all subsequent notices published in the Federal
Register, the Environmental Impact Statement if it is required and the
comments thereon and agency responses to the comments, and a list of all
parties. Direct testimony shall then be received with respect to the
matters specified in the prehearing order in such order as the presiding
officer shall announce. With respect to direct testimony submitted as
rebuttal testimony or in response to new issues
[[Page 27]]
presented by the prehearing conference, the presiding officer shall
determine the relevancy of such testimony.
(c) The hearing shall be publicly conducted and reported verbatim by
an official reporter.
(d) If a party objects to the admission or rejection of any direct
testimony or to any other ruling of the presiding officer during the
hearing, he shall state briefly the grounds of such objection, whereupon
an automatic exception will follow if the objection is overruled by the
presiding officer. The transcript shall not include argument or debate
thereon except as ordered by the presiding officer. The ruling of the
presiding officer on any objection shall be a part of the transcript and
shall be subject to review at the same time and in the same manner as
the Director's final decision. Only objections made before the presiding
officer may subsequently be relied upon in the proceedings.
(e) All motions and requests shall be addressed to, and ruled on by,
the presiding officer if made prior to his certification of the
transcript, or by the Director if made thereafter.
Sec. 18.87 Direct testimony.
(a) Only direct testimony submitted as provided in these regulations
and introduced at the hearing by a witness shall be considered part of
the record. Such direct testimony, when written, shall not be read into
evidence but shall become a part of the record subject to exclusion of
irrelevant and immaterial parts thereof.
(b) The witness introducing direct testimony shall:
(1) State his name, address and occupation;
(2) State qualifications for introducing the direct testimony. If an
expert, the witness shall briefly state the scientific or technical
training which qualifies him as an expert;
(3) Identify the direct testimony previously submitted in accordance
with these regulations; and
(4) Submit to appropriate cross- and direct-examination. Cross-
examination shall be by a party whose interests are adverse on the issue
presented to the witness if the witness is a party, or to the interests
of the party who presented the witness.
(c) A party shall be deemed to have waived the right to introduce
direct-testimony if such party fails to present a witness to introduce
the direct-testimony.
(d) Official notice may be taken of such matters as are judicially
noticed by the courts of the United States. Parties shall be given
adequate notice, by the presiding officer, at the hearing, of matters so
noticed and shall be given adequate opportunity to show that such facts
are inaccurate or are erroneously noticed.
Sec. 18.88 Cross-examination.
(a) The presiding officer may:
(1) Require the cross-examiner to outline the intended scope of the
examination; and
(2) Exclude cross-examination questions that are immaterial,
irrelevant or unduly repetitious.
(b) Any party shall be given an opportunity to appear, either in
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or
counsel shall state his name, address and occupation. If counsel cross-
examines the witness, counsel shall state for the record the authority
to act as counsel. Cross-examiners shall be assumed to be familiar with
the direct testimony.
(c) Any party or party's counsel who fails to appear at the hearing
to cross-examine an ``adverse'' witness shall be deemed to have waived
the right to cross-examine that witness.
(d) Scientific, technical or commercial publications may only be
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance
with these regulations.
Sec. 18.89 Oral and written arguments.
(a) The presiding officer may, in his discretion, provide for oral
argument by parties at the end of the hearing. Such argument, when
permitted, may be limited by the presiding officer to the extent
necessary for the expeditious disposition of the proceeding.
[[Page 28]]
(b) The presiding officer shall announce at the hearing a reasonable
period of time within which any party may file with the presiding
officer proposed findings and conclusions and written arguments or
briefs, which are based upon the record and citing where practicable the
relevant page or pages of the transcript. If a party filing a brief
desires the presiding officer to reconsider any objection made by such
party to a ruling of the presiding officer, he shall specifically
identify such rulings by reference to the pertinent pages of the
transcript and shall state his arguments thereon as a part of the brief.
(c) Oral or written arguments shall be limited to issues arising
from direct testimony on the record.
Sec. 18.90 Recommended decision, certification of the transcript and
submission of comments on the recommended decision.
(a) Promptly after expiration of the period for receiving written
briefs, the presiding officer shall make a recommended decision based on
the record and transmit the decision to the Director. The recommended
decision shall include:
(1) A statement containing a description of the history of the
proceedings;
(2) Findings on the issues of fact with the reasons therefor; and
(3) Rulings on issues of law.
(b) The presiding officer shall also transmit to the Director the
transcript of the hearing, the original and all copies of the direct
testimony, and written comments. The presiding officer shall attach to
the original transcript of the hearing a certificate stating that to the
best of his knowledge and belief the transcript is a true transcript of
the testimony given at the hearing except in such particulars as are
specified.
(c) Upon receipt of the recommended decision, the Director shall
send a copy thereof to each party by certified mail and shall publish in
the Federal Register a notice of the receipt of the recommended decision
by the Director. The notice shall include:
(1) A summary of the recommended decision;
(2) A statement that any interested person may file written comments
on the recommended decision with the Director by a specified date;
(3) The time(s) and place(s) where the record of the hearing
transmitted to the Director pursuant to paragraph (b) of this section
may be inspected by interested persons; and
(4) The time(s) and place(s) where the recommended decision may be
inspected and/or copied by interested persons.
(d) Within thirty days after the notice of receipt of the
recommended decision has been published in the Federal Register, any
interested person may file with the Director any written comments on the
recommended decision. All comments, including recommendations from or
consultation with the Marine Mammal Commission, must be submitted during
the thirty-day period to the Director at the above address.
Sec. 18.91 Director's decision.
(a) Upon receipt of the recommended decision and transcript and
after the thirty-day period for receiving written comments on the
recommended decision has passed, the Director shall make a final
decision on the proposed regulations and waiver, where applicable. The
Director's decision may affirm, modify, or set aside, in whole or in
part, the recommended findings, conclusions and decision of the
presiding officer. The Director may also remand the hearing record to
the presiding officer for a fuller development of the record.
(b) The Director's decision shall include:
(1) A statement containing a description of the history of the
proceeding;
(2) Findings on the issues of fact with the reasons therefor;
(3) Rulings on issues of law; and
(4) Any other relevant information which the Director deems
appropriate.
(c) The Director's decision shall be published in the Federal
Register. If the waiver is approved, the final adopted regulations shall
be promulgated with the decision, or as soon thereafter as practicable.
[[Page 29]]
Subpart H--Waiver of Moratorium on Taking and Importation of Individual
Marine Mammal Species
Source: 41 FR 14373, Apr. 5, 1976, unless otherwise noted.
Sec. 18.92 Purpose of regulations.
The regulations contained in this subpart fulfill the requirements
of section 103 of the Act for regulations to govern the taking and
importation of each species of marine mammal for which the moratorium
imposed by section 101 has been waived.
Sec. 18.93 Scope of regulations.
(a) The provisions in this subpart apply only after (1) the Director
has made a decision to waive a moratorium pursuant to section
101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by
section 103(d) of the Act has been provided, and (3) the Director has
made a determination, in the case of State laws and regulations, to
approve such State laws and regulations pursuant to section 109(a)(2) of
the Act and subpart F of this part.
(b) The provisions of this subpart, unless specifically stated,
apply to all taking and/or importation of each species of marine mammal
for which the moratorium has been waived other than takings for
scientific research or public display, which are governed by Sec. 18.31
of this part, or takings incidental to commercial fishing operations
which are governed by Sec. 18.24.
Sec. 18.94 Pacific walrus (Alaska).
(a) Pursuant to sections 101(a)(3)(A) 103, and 109 of the Marine
Mammal Protection Act of 1972, the moratorium on the hunting and killing
of Pacific walrus (Odobenus rosmarus) in waters or on lands subject to
the jurisdiction of the State of Alaska, the United States, or on the
high seas by any person, vessel, or conveyance subject to the
jurisdiction of the State of Alaska or the United States, is waived,
provided that beginning August 2, 1979 this waiver shall not be
effective, and no taking or importation under the waiver shall be
allowed, until this section is amended to establish regulations to
effectively control taking and otherwise implement the waiver.
(b) [Reserved]
[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]
Subpart I [Reserved]
PART 19--AIRBORNE HUNTING--Table of Contents
Subpart A--Introduction
Sec.
19.1 Purpose of regulations.
19.2 Scope of regulations.
19.3 Relation to other laws.
19.4 Definitions.
Subpart B--Prohibitions
19.11 General prohibitions.
19.12 Exceptions to general prohibitions.
Subpart C--Federal Permits
19.21 Limitation on Federal permits.
Subpart D--State Permits and Annual Report Requirements
19.31 State permits.
19.32 Annual reporting requirements.
Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as amended,
86 Stat. 905 (16 U.S.C. 742a--j-1).
Source: 39 FR 1177, Jan. 4, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 19.1 Purpose of regulations.
The regulations contained in this part provide rules relative to the
prohibition against shooting or harassing of wildlife from any aircraft,
provide the requirements for the contents and filing of annual reports
by the States regarding permits issued for such shooting or harassing,
and provide regulations necessary for effective enforcement of the Fish
and Wildlife Act of 1956 as amended (16 U.S.C. 742a--j-1).
Sec. 19.2 Scope of regulations.
The regulations contained in this part apply to all persons within
the territorial jurisdiction of the United States, to all United States
citizens whether within the territorial jurisdiction of the United
States or on the high seas or on board aircraft in flight
[[Page 30]]
over the high seas, and to all persons on board aircraft belonging in
whole or in part to any United States citizen, firm, or partnership, or
corporation created by or under the laws of the United States, or any
State, territory or possession thereof.
Sec. 19.3 Relation to other laws.
The exemptions to general prohibitions of the Fish and Wildlife Act
of 1956, that permit airborne hunting in certain circumstances (See
subpart B of this part) do not supersede, or authorize the violation of,
other laws designed for the conservation or protection of wildlife,
including those laws prohibiting the shooting or harassing of bald and
golden eagles, polar bears and other marine mammals, migratory birds,
and other wildlife, except to the extent that airborne hunting is
authorized by regulations or permits issued under authority of those
laws. (See e.g., Sec. 21.41 of this subchapter.)
Sec. 19.4 Definitions.
In addition to definitions contained in part 10 of this subchapter,
and unless the context otherwise requires, in this part 19:
Harass means to disturb, worry, molest, rally, concentrate, harry,
chase, drive, herd or torment.
Subpart B--Prohibitions
Sec. 19.11 General prohibitions.
(a) Except as otherwise authorized by the Fish and Wildlife Act of
1956 as amended, no person shall:
(1) While airborne in any aircraft shoot or attempt to shoot for the
purpose of capturing or killing any wildlife;
(2) Use an aircraft to harass any wildlife; or
(3) Knowingly participate in using an aircraft whether in the
aircraft or on the ground for any purpose referred to in paragraph (a)
(1) or (2) of this section.
(b) The acts prohibited in this section include, but are not limited
to, any person who:
(1) Pilots or assists in the operation of an aircraft from which
another person shoots or shoots at wildlife while airborne, or
(2) While on the ground takes or attempts to take any wildlife by
means, aid, or use of an aircraft.
Sec. 19.12 Exceptions to general prohibitions.
The prohibitions of the preceding section shall not apply to any
person who:
(1) Is acting within the scope of his official duties as an employee
or authorized agent of a State or the United States to administer or
protect or aid in the administration or protection of land, water,
wildlife, livestock, domesticated animals, human life or crops; or
(2) Is acting within the limitations of a permit referred to in Sec.
19.21 or Sec. 19.31 of this part.
Subpart C--Federal Permits
Sec. 19.21 Limitation on Federal permits.
No Federal permits will be issued to authorize any person to hunt,
shoot, or harass any wildlife from an aircraft, except for Federal
permits to scare or herd migratory birds referred to in Sec. 21.41 of
this subchapter.
Subpart D--State Permits and Annual Report Requirements
Sec. 19.31 State permits.
(a) Except as provided in Sec. 19.3, States may issue permits to
persons to engage in airborne hunting or harassing of wildlife for
purposes of administering or protecting land, water, wildlife,
livestock, domestic animals, human life or crops. States may not issue
permits for the purpose of sport hunting.
(b) Upon issuance of a permit by a State to a person pursuant to
this section, the issuing authority will provide immediate notification
to the Special Agent in Charge having jurisdiction according to Sec.
10.22.
Sec. 19.32 Annual reporting requirements.
(a) Any State issuing permits to persons to engage in airborne
hunting or harassing of wildlife or any State whose employees or agents
participate in airborne hunting or harassing of wildlife for purposes of
administering or protecting land, water, wildlife, livestock, domestic
animals, human life or crops, shall file with the Director, an
[[Page 31]]
annual report on or before July 1 for the preceding calendar year ending
December 31.
(b) The annual report required by this section shall contain the
following information as to each such permit issued:
(1) The name and address of each person to whom a permit was issued.
(2) Permit number and inclusive dates during which permit was valid.
(3) The aircraft number of the aircraft used and the location where
such aircraft was based.
(4) Common name and number of the wildlife for which authorization
to take was given and a description of the area from which the wildlife
were authorized to be taken.
(5) The purpose for which the permit was issued, specifically
identifying whether the permit was issued to protect land, water,
wildlife, livestock, domestic animals, crops, or human life.
(6) The common name and number of wildlife taken by permittees and
State employees or agents.
(c) A compilation of all annual reports required by this section
shall be made by the Director and furnished to any State filing such
annual report.
PART 20--MIGRATORY BIRD HUNTING--Table of Contents
Subpart A--Introduction
Sec.
20.1 Scope of regulations.
20.2 Relation to other provisions.
Subpart B--Definitions
20.11 What terms do I need to understand?
Subpart C--Taking
20.20 Migratory Bird Harvest Information Program.
20.21 What hunting methods are illegal?
20.22 Closed seasons.
20.23 Shooting hours.
20.24 Daily limit.
20.25 Wanton waste of migratory game birds.
20.26 Emergency closures.
Subpart D--Possession
20.31 Prohibited if taken in violation of subpart C.
20.32 During closed season.
20.33 Possession limit.
20.34 Opening day of a season.
20.35 Field possession limit.
20.36 Tagging requirement.
20.37 Custody of birds of another.
20.38 Possession of live birds.
20.39 Termination of possession.
20.40 Gift of migratory game birds.
Subpart E--Transportation Within the United States
20.41 Prohibited if taken in violation of subpart C.
20.42 Transportation of birds of another.
20.43 Species identification requirement.
20.44 Marking package or container.
Subpart F--Exportation
20.51 Prohibited if taken in violation of subpart C.
20.52 Species identification requirement.
20.53 Marking package or container.
Subpart G--Importations
20.61 Importation limits.
20.62 Importation of birds of another.
20.63 Species identification requirement.
20.64 Foreign export permits.
20.65 Processing requirement.
20.66 Marking of package or container.
Subpart H--Federal, State, and Foreign Law
20.71 Violation of Federal law.
20.72 Violation of State law.
20.73 Violation of foreign law.
Subpart I--Migratory Bird Preservation Facilities
20.81 Tagging requirement.
20.82 Records required.
20.83 Inspection of premises.
Subpart J--Feathers or Skins
20.91 Commercial use of feathers.
20.92 Personal use of feathers or skins.
Subpart K--Annual Seasons, Limits, and Shooting Hours Schedules
20.100 General provisions.
20.101 Seasons, limits, and shooting hours for Puerto Rico and the
Virgin Islands.
20.102 Seasons, limits, and shooting hours for Alaska.
20.103 Seasons, limits, and shooting hours for mourning and white-winged
doves and wild pigeons.
20.104 Seasons, limits, and shooting hours for rails, woodcock, and
common (Wilson's) snipe.
20.105 Seasons, limits, and shooting hours for waterfowl, coots, and
gallinules.
[[Page 32]]
20.106 Seasons, limits, and shooting hours for sandhill cranes.
20.107 Seasons, limits, and shooting hours for tundra swans.
20.108 Nontoxic shot zones.
20.109 Extended seasons, limits, and hours for taking migratory game
birds by falconry.
20.110 Seasons, limits and other regulations for certain Federal Indian
reservations, Indian Territory, and ceded lands.
Subpart L--Administrative and Miscellaneous Provisions
20.131 Extension of seasons.
20.132 Subsistence use in Alaska.
20.133 Hunting regulations for crows.
20.134 Nontoxic shot.
Subpart M [Reserved]
Subpart N--Special Procedures for Issuance of Annual Hunting Regulations
20.151 Purpose and scope.
20.152 Definitions.
20.153 Regulations committee.
20.154 Flyway Councils.
20.155 Public file.
Authority: 16 U.S.C 703-712; 16 U.S.C. 742 a-j; Pub. L. 106-108.
Source: 38 FR 22021, Aug. 15, 1973, unless otherwise noted.
Subpart A--Introduction
Sec. 20.1 Scope of regulations.
(a) In general. The regulations contained in this part relate only
to the hunting of migratory game birds, and crows.
(b) Procedural and substantive requirements. Migratory game birds
may be taken, possessed, transported, shipped, exported, or imported
only in accordance with the restrictions, conditions, and requirements
contained in this part. Crows may be taken, possessed, transported,
exported, or imported only in accordance with subpart H of this part and
the restrictions, conditions, and requirements prescribed in Sec.
20.133.
Sec. 20.2 Relation to other provisions.
(a) Migratory bird permits. The provisions of this part shall not be
construed to alter the terms of any permit or other authorization issued
pursuant to part 21 of this subchapter.
(b) Migratory bird hunting stamps. The provisions of this part are
in addition to the provisions of the Migratory Bird Hunting Stamp Act of
1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
(c) National wildlife refuges. The provisions of this part are in
addition to, and are not in lieu of, any other provision of law
respecting migratory game birds under the National Wildlife Refuge
System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C.
668dd) or any regulation made pursuant thereto.
(d) State Laws for the protection of migratory birds. No statute or
regulation of any State shall be construed to relieve a person from the
restrictions, conditions, and requirements contained in this part,
however, nothing in this part shall be construed to prevent the several
States from making and enforcing laws or regulations not inconsistent
with these regulations and the conventions between the United States and
any foreign country for the protection of migratory birds or with the
Migratory Bird Treaty Act, or which shall give further protection to
migratory game birds.
(e) Migratory bird subsistence harvest in Alaska. The provisions of
this part, except for paragraphs (a) through (d) of this section, are
not applicable to the regulations governing the migratory bird
subsistence harvest in Alaska (part 92 of this subchapter) unless
specifically referenced in part 92 of subchapter G of this chapter.
[38 FR 22021, Aug. 15, 1973, as amended at 68 FR 43027, July 21, 2003]
Subpart B--Definitions
Sec. 20.11 What terms do I need to understand?
For the purpose of this part, the following terms shall be
construed, respectively, to mean and to include:
(a) Migratory game birds means those migratory birds included in the
terms of conventions between the United States and any foreign country
for the protection of migratory birds, for which open seasons are
prescribed in this part and belong to the following families:
(1) Anatidae (ducks, geese [including brant] and swans);
[[Page 33]]
(2) Columbidae (doves and pigeons);
(3) Gruidae (cranes);
(4) Rallidae (rails, coots and gallinules); and
(5) Scolopacidae (woodcock and snipe).
A list of migratory birds protected by the international conventions
and the Migratory Bird Treaty Act appears in Sec. 10.13 of this
subchapter.
(b) Seasons--(1) Open season means the days on which migratory game
birds may lawfully be taken. Each period precribed as an open season
shall be construed to include the first and last days thereof.
(2) Closed season means the days on which migratory game birds shall
not be taken.
(c) Bag limits--(1) Aggregate bag limit means a condition of taking
in which two or more usually similar species may be bagged (reduced to
possession) by the hunter in predetermined or unpredetermined quantities
to satisfy a maximum take limit.
(2) Daily bag limit means the maximum number of migratory game birds
of single species or combination (aggregate) of species permitted to be
taken by one person in any one day during the open season in any one
specified geographic area for which a daily bag limit is prescribed.
(3) Aggregate daily bag limit means the maximum number of migratory
game birds permitted to be taken by one person in any one day during the
open season when such person hunts in more than one specified geographic
area and/or for more than one species for which a combined daily bag
limit is prescribed. The aggregate daily bag limit is equal to, but
shall not exceed, the largest daily bag limit prescribed for any one
species or for any one specified geographic area in which taking occurs.
(4) Possession limit means the maximum number of migratory game
birds of a single species or a combination of species permitted to be
possessed by any one person when lawfully taken in the United States in
any one specified geographic area for which a possession limit is
prescribed.
(5) Aggregate possession limit means the maximum number of migratory
game birds of a single species or combination of species taken in the
United States permitted to be possessed by any one person when taking
and possession occurs in more than one specified geographic area for
which a possession limit is prescribed. The aggegate possession limit is
equal to, but shall not exceed, the largest possession limit prescribed
for any one of the species or specified geographic areas in which taking
and possession occurs.
(d) Personal abode means one's principal or ordinary home or
dwelling place, as distinguished from one's temporary or transient place
of abode or dwelling such as a hunting club, or any club house, cabin,
tent or trailer house used as a hunting club, or any hotel, motel or
rooming house used during a hunting, pleasure or business trip.
(e) Migratory bird preservation facility means:
(1) Any person who, at their residence or place of business and for
hire or other consideration; or
(2) Any taxidermist, cold-storage facility or locker plant which,
for hire or other consideration; or
(3) Any hunting club which, in the normal course of operations;
receives, possesses, or has in custody any migratory game birds
belonging to another person for purposes of picking, cleaning, freezing,
processing, storage or shipment.
(f) Paraplegic means an individual afflicted with paralysis of the
lower half of the body with involvement of both legs, usually due to
disease of or injury to the spinal cord.
(g) Normal agricultural planting, harvesting, or post-harvest
manipulation means a planting or harvesting undertaken for the purpose
of producing and gathering a crop, or manipulation after such harvest
and removal of grain, that is conducted in accordance with official
recommendations of State Extension Specialists of the Cooperative
Extension Service of the U.S. Department of Agriculture.
(h) Normal agricultural operation means a normal agricultural
planting, harvesting, post-harvest manipulation, or agricultural
practice, that is conducted in accordance with official recommendations
of State Extension Specialists of the Cooperative Extension
[[Page 34]]
Service of the U.S. Department of Agriculture.
(i) Normal soil stabilization practice means a planting for
agricultural soil erosion control or post-mining land reclamation
conducted in accordance with official recommendations of State Extension
Specialists of the Cooperative Extension Service of the U.S. Department
of Agriculture for agricultural soil erosion control.
(j) Baited area means any area on which salt, grain, or other feed
has been placed, exposed, deposited, distributed, or scattered, if that
salt, grain, or other feed could serve as a lure or attraction for
migratory game birds to, on, or over areas where hunters are attempting
to take them. Any such area will remain a baited area for ten days
following the complete removal of all such salt, grain, or other feed.
(k) Baiting means the direct or indirect placing, exposing,
depositing, distributing, or scattering of salt, grain, or other feed
that could serve as a lure or attraction for migratory game birds to,
on, or over any areas where hunters are attempting to take them.
(l) Manipulation means the alteration of natural vegetation or
agricultural crops by activities that include but are not limited to
mowing, shredding, discing, rolling, chopping, trampling, flattening,
burning, or herbicide treatments. The term manipulation does not include
the distributing or scattering of grain, seed, or other feed after
removal from or storage on the field where grown.
(m) Natural vegetation means any non-agricultural, native, or
naturalized plant species that grows at a site in response to planting
or from existing seeds or other propagules. The term natural vegetation
does not include planted millet. However, planted millet that grows on
its own in subsequent years after the year of planting is considered
natural vegetation.
[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999]
Subpart C--Taking
Sec. 20.20 Migratory Bird Harvest Information Program.
(a) Information collection requirements. The collections of
information contained in Sec. 20.20 have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq. and assigned
clearance number 1018-0015. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number. The information will
be used to provide a sampling frame for the national Migratory Bird
Harvest Survey. Response is required from licensed hunters to obtain the
benefit of hunting migratory game birds. Public reporting burden for
this information is estimated to average 2 minutes per response for
3,300,000 respondents, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Thus
the total annual reporting and record-keeping burden for this collection
is estimated to be 112,000 hours. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Service
Information Collection Clearance Officer, ms-224 ARLSQ, Fish and
Wildlife Service, Washington, DC 20240, or the Office of Management and
Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.
(b) General provisions. Each person hunting migratory game birds in
any State except Hawaii must have identified himself or herself as a
migratory bird hunter and given his or her name, address, and date of
birth to the respective State hunting licensing authority and must have
on his or her person evidence, provided by that State, of compliance
with this requirement.
(c) Tribal exemptions. Nothing in paragraph (b) of this section
shall apply to tribal members on Federal Indian Reservations or to
tribal members hunting on ceded lands.
[[Page 35]]
(d) State exemptions. Nothing in paragraph (b) of this section shall
apply to those hunters who are exempt from State-licensing requirements
in the State in which they are hunting.
(e) State responsibilities. The State hunting licensing authority
will ask each licensed migratory bird hunter in the respective State to
report approximately how many ducks, geese, doves, and woodcock he or
she bagged the previous year, whether he or she hunted coots, snipe,
rails, and/or gallinules the previous year, and, in States that have
band-tailed pigeon hunting seasons, whether he or she intends to hunt
band-tailed pigeons during the current year.
[58 FR 15098, Mar. 19, 1993, as amended at 59 FR 53336, Oct. 21, 1994;
61 FR 46352, Aug. 30, 1996; 62 FR 45708, Aug. 28, 1997; 63 FR 46401,
Sept. 1, 1998]
Sec. 20.21 What hunting methods are illegal?
Migratory birds on which open seasons are prescribed in this part
may be taken by any method except those prohibited in this section. No
persons shall take migratory game birds:
(a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun
larger than 10 gauge, punt gun, battery gun, machinegun, fish hook,
poison, drug, explosive, or stupefying substance;
(b) With a shotgun of any description capable of holding more than
three shells, unless it is plugged with a one-piece filler, incapable of
removal without disassembling the gun, so its total capacity does not
exceed three shells. This restriction does not apply during a light-
goose-only season (lesser snow and Ross' geese) when all other waterfowl
and crane hunting seasons, excluding falconry, are closed while hunting
light geese in Central and Mississippi Flyway portions of Alabama,
Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota,
Tennessee, Texas, Wisconsin, and Wyoming.
(c) From or by means, aid, or use of a sinkbox or any other type of
low floating device, having a depression affording the hunter a means of
concealment beneath the surface of the water;
(d) From or by means, aid, or use of any motor vehicle, motor-driven
land conveyance, or aircraft of any kind, except that paraplegics and
persons missing one or both legs may take from any stationary motor
vehicle or stationary motor-driven land conveyance;
(e) From or by means of any motorboat or other craft having a motor
attached, or any sailboat, unless the motor has been completely shut off
and/or the sails furled, and its progress therefrom has ceased:
Provided, That a craft under power may be used to retrieve dead or
crippled birds; however, crippled birds may not be shot from such craft
under power except in the seaduck area as permitted in subpart K of this
part;
(f) By the use or aid of live birds as decoys; although not limited
to, it shall be a violation of this paragraph for any person to take
migratory waterfowl on an area where tame or captive live ducks or geese
are present unless such birds are and have been for a period of 10
consecutive days prior to such taking, confined within an enclosure
which substantially reduces the audibility of their calls and totally
conceals such birds from the sight of wild migratory waterfowl;
(g) By the use or aid of recorded or electrically amplified bird
calls or sounds, or recorded or electrically amplified imitations of
bird calls or sounds. This restriction does not apply during a light-
goose-only season (lesser snow and Ross' geese) when all other waterfowl
and crane hunting seasons, excluding falconry, are closed while hunting
light geese in Central and Mississippi Flyway portions of Alabama,
Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota,
Tennessee, Texas, Wisconsin, and Wyoming.
(h) By means or aid of any motordriven land, water, or air
conveyance, or any sailboat used for the purpose of or resulting in the
concentrating, driving, rallying, or stirring up of any migratory bird;
[[Page 36]]
(i) By the aid of baiting, or on or over any baited area, where a
person knows or reasonably should know that the area is or has been
baited. However, nothing in this paragraph prohibits:
(1) the taking of any migratory game bird, including waterfowl,
coots, and cranes, on or over the following lands or areas that are not
otherwise baited areas--
(i) Standing crops or flooded standing crops (including aquatics);
standing, flooded, or manipulated natural vegetation; flooded harvested
croplands; or lands or areas where seeds or grains have been scattered
solely as the result of a normal agricultural planting, harvesting,
post-harvest manipulation or normal soil stabilization practice;
(ii) From a blind or other place of concealment camouflaged with
natural vegetation;
(iii) From a blind or other place of concealment camouflaged with
vegetation from agricultural crops, as long as such camouflaging does
not result in the exposing, depositing, distributing or scattering of
grain or other feed; or
(iv) Standing or flooded standing agricultural crops where grain is
inadvertently scattered solely as a result of a hunter entering or
exiting a hunting area, placing decoys, or retrieving downed birds.
(2) The taking of any migratory game bird, except waterfowl, coots
and cranes, on or over lands or areas that are not otherwise baited
areas, and where grain or other feed has been distributed or scattered
solely as the result of manipulation of an agricultural crop or other
feed on the land where grown, or solely as the result of a normal
agricultural operation.
(j) While possessing shot (either in shotshells or as loose shot for
muzzleloading) other than steel shot, or bismuth-tin (97 parts bismuth:
3 parts tin with <1 percent residual lead) shot, or tungsten-iron (40
parts tungsten: 60 parts iron with <1 percent residual lead) shot, or
tungsten-polymer (95.5 parts tungsten: 4.5 parts Nylon 6 or 11 with <1
percent residual lead) shot, or tungsten-matrix (95.9 parts tungsten:
4.1 parts polymer with <1 percent residual lead) shot, or tungsten-
nickel-iron (50% tungsten: 35% nickel: 15% iron with <1 percent residual
lead) shot, or tungsten-iron-nickel-tin (65% tungsten: 10.4% iron: 2.8%
nickel: 21.8% tin with < 1 percent residual lead) shot, or such shot
approved as nontoxic by the Director pursuant to procedures set forth in
Sec. 20.134, provided that this restriction applies only to the taking
of Anatidae (ducks, geese, (including brant) and swans), coots (Fulica
americana) and any species that make up aggregate bag limits during
concurrent seasons with the former in areas described in Sec. 20.108 as
nontoxic shot zones.
[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973;
44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb.
2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR
64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15,
1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR
32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999; 64 FR 71237, Dec. 20,
1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265,
June 14, 2001; 68 FR 1392, Jan. 10, 2003]
Sec. 20.22 Closed seasons.
No person may take migratory game birds during the closed season
established in this part except as provided in parts 21 and 92 of this
chapter.
[68 FR 43027, July 21, 2003]
Sec. 20.23 Shooting hours.
No person shall take migratory game birds except during the hours
open to shooting as prescribed in subpart K of this part.
[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]
Sec. 20.24 Daily limit.
No person shall take in any 1 calendar day, more than the daily bag
limit or aggregate daily bag limit, whichever applies.
[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]
Sec. 20.25 Wanton waste of migratory game birds.
No person shall kill or cripple any migratory game bird pursuant to
this part without making a reasonable effort to retrieve the bird, and
retain it in his actual custody, at the place where taken or between
that place and either (a) his automobile or principal
[[Page 37]]
means of land transportation; or (b) his personal abode or temporary or
transient place of lodging; or (c) a migratory bird preservation
facility; or (d) a post office; or (e) a common carrier facility.
[41 FR 31536, July 29, 1976]
Sec. 20.26 Emergency closures.
(a) The Director may close or temporarily suspend any season
established under subpart K of this part:
(1) Upon a finding that a continuation of such a season would
constitute an imminent threat to the safety of any endangered or
threatened species or other migratory bird populations.
(2) Upon issuance of local public notice by such means as
publication in local newspapers of general circulation, posting of the
areas affected, notifying the State wildlife conservation agency, and
announcement on local radio and television.
(b) Any such closure or temporary suspension shall be announced by
publication of a notice to that effect in the Federal Register
simultaneous with the local public notice referred to in paragraph
(a)(2) of this section. However, in the event that it is impractical to
publish a Federal Register notice simultaneously, due to the restriction
in time available and the nature of the particular emergency situation,
such notice shall follow the steps outlined in paragraph (a) of this
section as soon as possible.
(c) Any closure or temporary suspension under this section shall be
effective on the date of publication of the Federal Register notice; or
if such notice is not published simultaneously, then on the date and at
the time specified in the local notification to the public. Every notice
of closure shall include the date and time of closing of the season and
the area or areas affected. In the case of a temporary suspension, the
date and time when the season may be resumed shall be provided by a
subsequent local notification to the public, and by publication in the
Federal Register.
[41 FR 31536, July 29, 1976]
Subpart D--Possession
Sec. 20.31 Prohibited if taken in violation of subpart C.
No person shall at any time, by any means, or in any manner, possess
or have in custody any migratory game bird or part thereof, taken in
violation of any provision of subpart C of this part.
Sec. 20.32 During closed season.
No person shall possess any freshly killed migratory game birds
during the closed season.
Sec. 20.33 Possession limit.
No person shall possess more migratory game birds taken in the
United States than the possession limit or the aggregate possession
limit, whichever applies.
Sec. 20.34 Opening day of a season.
No person on the opening day of the season shall possess any freshly
killed migratory game birds in excess of the daily bag limit, or
aggregate daily bag limit, whichever applies.
Sec. 20.35 Field possession limit.
No person shall possess, have in custody, or transport more than the
daily bag limit or aggregate daily bag limit, whichever applies, of
migratory game birds, tagged or not tagged, at or between the place
where taken and either (a) his automobile or principal means of land
transportation; or (b) his personal abode or temporary or transient
place of lodging; or (c) a migratory bird preservation facility; or (d)
a post office; or (e) a common carrier facility.
[41 FR 31536, July 29, 1976]
Sec. 20.36 Tagging requirement.
No person shall put or leave any migratory game birds at any place
(other than at his personal abode), or in the custody of another person
for picking, cleaning, processing, shipping, transportation, or storage
(including temporary storage), or for the purpose of having taxidermy
services performed, unless such birds have a tag attached, signed by the
hunter, stating his address, the total number and species of birds, and
the date such birds were
[[Page 38]]
killed. Migratory game birds being transported in any vehicle as the
personal baggage of the possessor shall not be considered as being in
storage or temporary storage.
Sec. 20.37 Custody of birds of another.
No person shall receive or have in custody any migratory game birds
belonging to another person unless such birds are tagged as required by
Sec. 20.36.
Sec. 20.38 Possession of live birds.
Every migratory game bird wounded by hunting and reduced to
possession by the hunter shall be immediately killed and become a part
of the daily bag limit. No person shall at any time, or by any means,
possess or transport live migratory game birds taken under authority of
this part.
Sec. 20.39 Termination of possession.
Subject to all other requirements of this part, the possession of
birds taken by any hunter shall be deemed to have ceased when such birds
have been delivered by him to another person as a gift; or have been
delivered by him to a post office, a common carrier, or a migratory bird
preservation facility and consigned for transport by the Postal Service
or a common carrier to some person other than the hunter.
[41 FR 31537, July 29, 1976]
Sec. 20.40 Gift of migratory game birds.
No person may receive, possess, or give to another, any freshly
killed migratory game birds as a gift, except at the personal abodes of
the donor or donee, unless such birds have a tag attached, signed by the
hunter who took the birds, stating such hunter's address, the total
number and species of birds and the date such birds were taken.
[42 FR 39668, Aug. 5, 1977]
Subpart E--Transportation Within the United States
Sec. 20.41 Prohibited if taken in violation of subpart C.
No person shall at any time, by any means, or in any manner,
transport any migratory game bird or part thereof, taken in violation of
any provision of subpart C of this part.
Sec. 20.42 Transportation of birds of another.
No person shall transport migratory game birds belonging to another
person unless such birds are tagged as required by Sec. 20.36.
Sec. 20.43 Species identification requirement.
No person shall transport within the United States any migratory
game birds, except doves and band-tailed pigeons (Columba fasciata),
unless the head or one fully feathered wing remains attached to each
such bird at all times while being transported from the place where
taken until they have arrived at the personal abode of the possessor or
a migratory bird preservation facility.
[41 FR 31537, July 19, 1976]
Sec. 20.44 Marking package or container.
No person shall transport by the Postal Service or a common carrier
migratory game birds unless the package or container in which such birds
are transported has the name and address of the shipper and the
consignee and an accurate statement of the numbers of each species of
birds therein contained clearly and conspicuously marked on the outside
thereof.
Subpart F--Exportation
Sec. 20.51 Prohibited if taken in violation of subpart C.
No person shall at any time, by any means, or in any manner, export
or cause to be exported, any migratory game bird or part thereof, taken
in violation of any provision of subpart C of this part.
Sec. 20.52 Species identification requirement.
No person shall export migratory game birds unless one fully
feathered wing remains attached to each such bird while being
transported from the United States and/or any of its possessions to any
foreign country.
[[Page 39]]
Sec. 20.53 Marking package or container.
No person shall export migratory game birds via the Postal Service
or a common carrier unless the package or container has the name and
address of the shipper and the consignee and an accurate statement of
the numbers of each species of birds therein contained clearly and
conspicuously marked on the outside thereof.
Subpart G--Importations
Sec. 20.61 Importation limits.
No person shall import migratory game birds in excess of the
following importation limits:
(a) Doves and pigeons. (1) From any foreign country except Mexico,
during any one calendar week beginning on Sunday, not to exceed 25
doves, singly or in the aggregate of all species, and 10 pigeons, singly
or in the aggregate of all species.
(2) From Mexico, not to exceed the maximum number permitted by
Mexican authorities to be taken in any one day: Provided, That if the
importer has his Mexican hunting permit date-stamped by appropriate
Mexican wildlife authorities on the first day he hunts in Mexico, he may
import the applicable Mexican possession limit corresponding to the days
actually hunted during that particular trip.
(b) Waterfowl. (1) From any foreign country except Canada and
Mexico, during any one calendar week beginning on Sunday, not to exceed
10 ducks, singly or in the aggregate of all species, and five geese
including brant, singly or in the aggregate of all species.
(2) From Canada, not to exceed the maximum number permitted to be
exported by Canadian authorities.
(3) From Mexico, not to exceed the maximum number permitted by
Mexican authorities to be taken in any one day: Provided, That if the
importer has his Mexican hunting permit date-stamped by appropriate
Mexican wildlife authorities on the first day he hunts in Mexico, he may
import the applicable Mexican possession limit corresponding to the days
actually hunted during that particular trip.
[40 FR 36346, Aug. 20, 1975]
Sec. 20.62 Importation of birds of another.
No person shall import migratory game birds belonging to another
person.
Sec. 20.63 Species identification requirement.
No person shall import migratory game birds unless each such bird
has one fully feathered wing attached, and such wing must remain
attached while being transported between the port of entry and the
personal abode of the possessor or between the port of entry and a
migratory bird preservation facility.
[41 FR 31537, July 19, 1976]
Sec. 20.64 Foreign export permits.
No person shall import, possess or transport, any migratory game
birds killed in a foreign country unless such birds are accompanied by
export permits, tags, or other documentation required by applicable
foreign laws or regulations.
Sec. 20.65 Processing requirement.
No person shall import migratory game birds killed in any foreign
country, except Canada, unless such birds are dressed (except as
required in Sec. 20.63), drawn, and the head and feet are removed:
Provided, That this shall not prohibit the importation of legally taken,
fully feathered migratory game birds consigned for mounting purposes to
a taxidermist who holds a current taxidermist permit issued to him
pursuant to Sec. 21.24 of this chapter and who is also licensed by the
U.S. Department of Agriculture to decontaminate such birds.
Sec. 20.66 Marking of package or container.
No person shall import migratory game birds via the Postal Service
or a common carrier unless the package or container has the name and
address of the shipper and the consignee and an accurate statement of
the numbers of each species of birds therein contained clearly and
conspicuously marked on the outside thereof.
[[Page 40]]
Subpart H--Federal, State, and Foreign Law
Sec. 20.71 Violation of Federal law.
No person shall at any time, by any means or in any manner, take,
possess, transport, or export any migratory bird, or any part, nest, or
egg of any such bird, in violation of any act of Congress or any
regulation issued pursuant thereto.
Sec. 20.72 Violation of State law.
No person shall at any time, by any means or in any manner, take,
possess, transport, or export any migratory bird, or any part, nest, or
egg of any such bird, in violation of any applicable law or regulation
of any State.
Sec. 20.73 Violation of foreign law.
No person shall at any time, by any means, or in any manner, import,
possess, or transport, any migratory bird, or any part, nest, or egg of
any such bird taken, bought, sold, transported, possessed, or exported
contrary to any applicable law or regulation of any foreign country, or
State or province thereof.
Subpart I--Migratory Bird Preservation Facilities
Sec. 20.81 Tagging requirement.
No migratory bird preservation facility shall receive or have in
custody any migratory game birds unless such birds are tagged as
required by Sec. 20.36.
[41 FR 31537, July 29, 1976]
Sec. 20.82 Records required.
(a) No migratory bird preservation facility shall:
(1) Receive or have in custody any migratory game bird unless
accurate records are maintained which can identify each bird received
by, or in the custody of, the facility by the name of the person from
whom the bird was obtained, and show (i) the number of each species;
(ii) the location where taken; (iii) the date such birds were received;
(iv) the name and address of the person from whom such birds were
received; (v) the date such birds were disposed of; and (vi) the name
and address of the person to whom such birds were delivered, or
(2) Destroy any records required to be maintained under this section
for a period of 1 year following the last entry on the record.
(b) Record keeping as required by this section will not be necessary
at hunting clubs which do not fully process migratory birds by removal
of both the head and wings.
[41 FR 38510, Sept. 10, 1976]
Sec. 20.83 Inspection of premises.
No migratory bird preservation facility shall prevent any person
authorized to enforce this part from entering such facilities at all
reasonable hours and inspecting the records and the premises where such
operations are being carried.
[41 FR 31537, July 19, 1976]
Subpart J--Feathers or Skins
Sec. 20.91 Commercial use of feathers.
Any person may possess, purchase, sell, barter, or transport for the
making of fishing flies, bed pillows, and mattresses, and for similar
commercial uses the feathers of migratory waterfowl (ducks, geese,
brant, and swans) killed by hunting pursuant to this part, or seized and
condemned by Federal or State game authorities, except that:
(a) No person shall purchase, sell, barter, or offer to purchase,
sell, or barter for millinery or ornamental use the feathers of
migratory game birds taken under authority of this part; and
(b) No person shall purchase, sell, barter, or offer to purchase,
sell, or barter mounted specimens of migratory game birds taken under
authority of this part.
[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]
Sec. 20.92 Personal use of feathers or skins.
Any person for his own use may possess, transport, ship, import, and
export without a permit the feathers and skins of lawfully taken
migratory game birds.
[[Page 41]]
Subpart K--Annual Seasons, Limits, and Shooting Hours Schedules
Sec. 20.100 General provisions.
(a) The taking, possession, transportation, and other uses of
migratory game birds by hunters is generally prohibited unless it is
specifically provided for under regulations developed in accordance with
the Migratory Bird Treaty Act. Consequently, hunting is prohibited
unless regulatory schedules are established for seasons, daily bag and
possession limits, and shooting (or hawking) hours. Migratory game bird
population levels, including production and habitat conditions, vary
annually. These conditions differ over North America, and within the
United States, by flyways, States, and frequently areas within States.
Thus, it is necessary to make annual adjustments in the schedules to
limit the harvests of migratory game birds to permissible levels.
(b) The development of these schedules involves annual data
gathering programs to determine migratory game bird population status
and trends, evaluations of habitat conditions, harvest information, and
other factors having a bearing on the anticipated size of the fall
flights of these birds. The proposed hunting schedules are announced
early in the spring, and following consideration of additional
information as it becomes available, as well as public comment, they are
modified and published as supplemental proposals. These are also open to
public comment. Public hearings are held for the purpose of providing
additional opportunity for public participation in the rulemaking
process.
[44 FR 7147, Feb. 6, 1979]
Sec. 20.101 Seasons, limits and shooting hours for Puerto Rico and the
Virgin Islands.
This section provides for the annual hunting of certain doves,
pigeons, ducks, coots, gallinules and snipe in Puerto Rico; and for
certain doves, pigeons and ducks in the Virgin Islands. In these
Commonwealths, the hunting of waterfowl and coots (and other certain
species, as applicable) must be with the use of nontoxic shot beginning
in the 1991-92 waterfowl season.
[53 FR 24290, June 28, 1988]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.102 Seasons, limits, and shooting hours for Alaska.
This section provides for the annual hunting of certain waterfowl
(ducks, tundra swans, geese, and brant), common snipe, and sandhill
cranes in Alaska. In Alaska, the hunting of waterfowl must be with the
use of nontoxic shot beginning in the 1991-92 waterfowl season.
[55 FR 35267, Aug. 28, 1990]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.103 Seasons, limits, and shooting hours for mourning and
white-winged doves and wild pigeons.
This section provides for the annual hunting of certain doves and
pigeons in the 48 contiguous United States. The mourning dove hunting
regulations are arranged by the Eastern, Central, and Western Management
Units.
[44 FR 7147, Feb. 6, 1979]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.104 Seasons, limits, and shooting hours for rails, woodcock,
and common (Wilson's) snipe.
This section provides for the annual hunting of certain rails,
woodcock, and snipe in the 48 contiguous United States.
[44 FR 7148, Feb. 6, 1979]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
[[Page 42]]
Sec. 20.105 Seasons, limits and shooting hours for waterfowl, coots,
and gallinules.
This section provides for the annual hunting of certain waterfowl
(ducks, geese [including brant]), coots and gallinules in the 48
contiguous United States. The regulations are arranged by the Atlantic,
Mississippi, Central and Pacific Flyways. These regulations often vary
within Flyways or States, and by time periods. Those areas of the United
States outside of State boundaries, i.e., the United States' territorial
waters seaward of county boundaries, and including coastal waters
claimed by the separate States, if not already included under the zones
contained in Sec. 20.108, are designated for the purposes of Sec.
20.21(j) as nontoxic shot zones for waterfowl hunting beginning in the
1991-92 season.
[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.106 Seasons, limits, and shooting hours for sandhill cranes.
This section provides for the annual hunting of sandhill cranes in
designated portions of the 48 contiguous United States.
[55 FR 35267, Aug. 28, 1990]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.107 Seasons, limits, and shooting hours for tundra swans.
This section provides for the annual hunting of tundra swans in
designated portions of the 48 contiguous United States.
[55 FR 39829, Sept. 28, 1990]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.108 Nontoxic shot zones.
Beginning September 1, 1991, the contiguous 48 United States, and
the States of Alaska and Hawaii, the Territories of Puerto Rico and the
Virgin Islands, and the territorial waters of the United States, are
designated for the purpose of Sec. 20.21(j) as nontoxic shot zones for
hunting waterfowl, coots and certain other species. ``Certain other
species'' refers to those species, other than waterfowl or coots, that
are affected by reason of being included in aggregate bags and
concurrent seasons.
[56 FR 22102, May 13, 1991]
Sec. 20.109 Extended seasons, limits, and hours for taking migratory game
birds by falconry.
This section provides annual regulations by which falconers may take
permitted migratory game birds.
[44 FR 7148, Feb. 6, 1979]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Sec. 20.110 Seasons, limits, and other regulations for certain Federal
Indian reservations, Indian Territory, and ceded lands.
This section provides for establishing annual migratory bird hunting
regulations for certain tribes on Federal Indian reservations, Indian
Territory, and ceded lands.
[50 FR 35764, Sept. 3, 1985]
Editorial Note: For Federal Register citations affecting annual
regulatory schedules for this section, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and on GPO Access.
Subpart L--Administrative and Miscellaneous Provisions
Sec. 20.131 Extension of seasons.
Whenever the Secretary shall find that emergency State action to
prevent forest fires in any extensive area has resulted in the
shortening of the season during which the hunting of any
[[Page 43]]
species of migratory game bird is permitted and that compensatory
extension or reopening the hunting season for such birds will not result
in a diminution of the abundance of birds to any greater extent than
that contemplated for the original hunting season, the hunting season
for the birds so affected may, subject to all other provisions of this
subchapter, be extended or reopened by the Secretary upon request of the
chief officer of the agency of the State exercising administration over
wildlife resources. The length of the extended or reopened season in no
event shall exceed the number of days during which hunting has been so
prohibited. The extended or reopened season will be publicly announced.
Sec. 20.132 Subsistence use in Alaska.
In Alaska, any person may, for subsistence purposes, take, possess,
and transport, in any manner, from September 1 through April 1, snowy
owls and cormorants for food and their skins for clothing, but birds and
their parts may not be sold or offered for sale.
[68 FR 43027, July 21, 2003]
Sec. 20.133 Hunting regulations for crows.
(a) Crows may be taken, possessed, transported, exported, or
imported, only in accordance with such laws or regulations as may be
prescribed by a State pursuant to this section.
(b) Except in the State of Hawaii, where no crows shall be taken,
States may by statute or regulation prescribe a hunting season for
crows. Such State statutes or regulations may set forth the method of
taking, the bag and possession limits, the dates and duration of the
hunting season, and such other regulations as may be deemed appropriate,
subject to the following limitations for each State:
(1) Crows shall not be hunted from aircraft;
(2) The hunting season or seasons on crows shall not exceed a total
of 124 days during a calendar year;
(3) Hunting shall not be permitted during the peak crow nesting
period within a State; and
(4) Crows may only be taken by firearms, bow and arrow, and
falconry.
Sec. 20.134 Nontoxic shot.
(a) Approval. (1) The information collection requirements contained
in Sec. 20.134 have been approved by the Office of Management and Budget
under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0067.
The information is being collected to provide a basis for which the
Director, Fish and Wildlife Service, can conduct a methodical and
objective review to approve/disapprove nontoxic shot status sought by an
applicant. The information will be used for toxicity assessment of
candidate shot submitted for approval by applicant. Response is required
to obtain a benefit.
(2) The Director, U.S. Fish and Wildlife Service, shall determine
that a specific type of shot material is acceptable for the purposes of
50 CFR 20.21(j), if after a review of applications and supporting data
submitted in accordance with this section, together with all other
relevant evidence, including public comment, it is concluded that the
spent shot material does not impose a significant danger to migratory
birds and other wildlife or their habitats.
(b) Application and review--Tiered strategy for approval of nontoxic
shot and shot coating. (1) All applications for approval under this
section must be submitted with supporting documentation to the Director
in accordance with the following procedures and must include at a
minimum the supporting materials and information covered by Tier 1 in
the tiered approval system as follows:
(2) Tier 1. (i)(A) Applicant provides statements of use, chemical
characterization, production variability, volume of use of candidate
material and shot sample as listed in paragraphs (b)(2)(i)(A)(1) through
(5), (b)(2)(i)(B)(1) through (5), and (b)(2)(i)(C)(1) through (3) of
this section. The candidate shot or shot coating may be chemically
analyzed by the Service or an independent laboratory to compare the
results with the applicant's descriptions of shot composition and
composition variability. Rejection of the application will occur if it
is incomplete or if the composition of the candidate material, upon
analysis, varies significantly from that described by the applicant.
[[Page 44]]
(1) Statement of proposed use, i.e., purpose and types.
(2) Description of the chemical composition of the intact material.
(i) Chemical names, Chemical Abstracts Service numbers (if
available), and structures.
(ii) Chemical characterization for organics and organometallics for
coating and core [e.g., empirical formula, melting point, molecular
weight, solubility, specific gravity, partition coefficients, hydrolysis
half-life, leaching rate (in water and soil), degradation half-life,
vapor pressure, stability and other relevant characteristics].
(iii) Composition and weight of shot material.
(iv) Thickness, quantity (e.g., mg/shot), and chemical composition
of shot coating.
(3) Statement of the expected variability of shot during production.
(4) Estimate of yearly volume of candidate shot and/or coated shot
expected for use in hunting migratory birds in the U.S.
(5) Five pounds of the candidate shot and/or coated shot, as
applicable, in size equivalent to United States standard size No. 4
(0.13 inches in diameter).
(B) Applicant provides information on the toxicological effects of
the shot or shot coating as follows:
(1) A summary of the acute and chronic mammalian toxicity data of
the shot or shot coating ranking its toxicity (e.g., LD50<5 mg/kg =
super toxic, 5-50 mg/kg = extremely toxic, 50-500 mg/kg = very toxic,
500-5,000 mg/kg = moderately toxic, 5,000-15,000 = slightly toxic,
15,000 mg/kg = practically nontoxic) with citations.
(2) A summary of known acute, chronic, and reproductive
toxicological data of the chemicals comprising the shot or shot coating
with respect to birds, particularly waterfowl (include LD50 or LC50
data, and sublethal effects) with citations.
(3) A narrative description, with citations to relevant data,
predicting the toxic effect in waterfowl of complete erosion and
absorption of one shot or coated shot in a 24-hour period. Define the
nature of toxic effect (e.g., mortality, impaired reproduction,
substantial weight loss, disorientation and other relevant associated
clinical observations).
(4) A statement, with supporting rationale and citations to relevant
data, that there is or is not any reasonable basis for concern for shot
or coated shot ingestion by fish, amphibians, reptiles or mammals. If
there is some recognized impact on fish, amphibians, reptiles, or
mammals, the Service may require additional study.
(5) Summarize the toxicity data of chemicals comprising the shot or
shot coating to aquatic and terrestrial invertebrates, fish, amphibians,
reptiles, and mammals.
(C) Applicant provides information on the environmental fate and
transport, if any, of the shot or shot coating as follows:
(1) A statement of the alteration of the shot or shot coating,
chemically or physically, upon firing. The statement must describe any
alterations.
(2) An estimate of the environmental half-life of the organic or
organometallic component of the shot or shot coating, and a description
of the chemical form of the breakdown products.
(3) Information on the Estimated Environmental Concentration (EEC)
assuming 69,000 shot per hectare (Bellrose 1959; Pain 1990) for:
(i) A terrestrial ecosystem, assuming complete dissolution of
material in 5 cm of soil. What would be the EEC and would that EEC
exceed existing clean soil standards? (Environmental Protection Agency
[EPA] standards for the Use of Disposal of Sewage Sludge; 40 CFR Part
503). How does the estimated EEC relate to the toxicity threshold for
plants, invertebrates, fish and wildlife?
(ii) An aquatic ecosystem, assuming complete dissolution of the shot
or shot coating in 1 cubic foot of water. What is the estimated EEC, and
how does it compare to the EPA Water Quality Criteria and toxicity
thresholds in plants, invertebrates, fish and wildlife?
(D) Service evaluation of an application. (1) In reviewing the
submission, the Service will use an exceedence of 1 LD50/square foot as
the level of concern (U.S.E.P.A. 1992) as a criteria in the risk
assessment.
[[Page 45]]
(2) In cooperation with the applicant, the Service will conduct a
risk assessment using the Quotient Method (Environmental Protection
Agency 1986): Risk = EEC/Toxicological Level of Concern Compare EEC in
ppm to an effect level (e.g., LD50 in ppm. If Q < 0.1 = No Adverse
Effects; If 0.1 [le] Q [le] 10.0 = Possible Adverse Effects; If Q
10.0 = Probable Adverse Effects.
(3) Upon receipt of the Tier 1 application, the Director will review
it to determine if the submission is complete. If complete, the
applicant is notified within 30 days of receipt that a thorough review
of the application will commence. A Notice of Application will appear in
the Federal Register announcing the initiation of review of a Tier 1
application. Complete review of a Tier 1 application will occur within
60 days of the date the Notice of Application is published in the
Federal Register.
(E) If, after review of the Tier 1 data, the Service does not
conclude that the shot or shot coating does not impose a significant
danger to migratory birds, other wildlife, and their habitats, the
applicant is advised to proceed with the additional testing described
for Tier 2, Tier 3, or both. A Notice of Review will inform the public
that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both
testing are required before further consideration.
(F) If review of the Tier 1 data results in a preliminary
determination that the candidate material does not impose a significant
danger to migratory birds, other wildlife, and their habitats, the
Director will publish in the Federal Register a proposed rule stating
the Service's intention to approve this shot or shot coating based on
the toxicological report and toxicity studies. The rulemaking will
include a description of the chemical composition of the candidate shot
or shot coating, and a synopsis of findings under the standards required
for Tier 1. If, at the end of the comment period, the Service finds no
technical or scientific basis upon which to alter its conclusion, the
candidate material will be approved by the publication of a final rule
in the Federal Register. If, after receiving public comment, the Service
determines that all available information does not establish that the
shot and/or shot coating does not impose a significant danger to
migratory birds, other wildlife, and their habitats, Tier 2, Tier 3, or
both testing will be required and a Notice of Review will appear in the
Federal Register. If only one of these two Tier tests are required, the
Service will explain in the notice why the other is not required. If the
applicant chooses not to proceed, the determination denying approval
will appear in the Federal Register.
(ii) [Reserved]
(3) Tier 2. (i) If Tier 2 testing is required, the applicant must
submit a plan that addresses paragraph (b)(3)(ii) requirements. The
Director will review the Tier 2 testing plan submitted by the applicant
within 30 days of receipt. The Director may decline to approve the plan,
or any part of it, if deficient in any manner with regard to timing,
format or content. The Director shall apprise the applicant regarding
what parts, if any, of the submitted testing procedures to disregard and
any modifications to incorporate into the Tier 2 testing plan in order
to gain plan approval. All testing procedures will be in compliance with
the Good Laboratory Practices Standards (40 CFR part 160) except where
they conflict with the regulations in this section or with a provision
of an approved plan. The Director, or authorized representative, may
elect to inspect the applicant's laboratory facilities and may decline
to approve the plan and further consideration of the candidate shot if
the facility does not meet the Good Laboratory Practices Standards.
After the plan is accepted, Tier 2 testing will commence. Required
analyses and reports, in accordance with the regulations in this
section, must be sent to the Director. The applicant will ensure that
copies of all the raw data and statistical analyses accompany the
laboratory reports and final comprehensive report of this test.
(ii) Evaluation of the candidate shot or shot coating will first be
in a standardized test under in vitro conditions (see paragraph be in a
standardized test under in vitro conditions (see paragraph
(b)(3)(ii)(A)) that will assess its erosion and any release of
components into a
[[Page 46]]
liquid medium in an environment simulating in vivo conditions of a
waterfowl gizzard. Erosion characteristics are to be compared with those
of lead shot and steel shot of comparable size. Following the erosion
rate testing, the applicant must conduct a 30-day acute toxicity test in
mallards, and a test to determine the candidate shot and/or shot coating
effects on selected invertebrates and fish and include the results in
the report for the Director.
(A) In vitro erosion rate test. Conduct a standardized in vitro test
to determine erosion rate of the candidate shot or shot coating using
the guidelines in Kimball and Munir (1971), unless otherwise provided by
the Service.
(1) Typical test materials: Atomic absorption spectrophotometer;
Drilled aluminum block to support test tubes; Thermostatically
controlled stirring hot plate; Small Teflon[reg]-coated magnets;
Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and Lead,
steel and candidate shot/coated shot.
(2) Typical test procedures. Add hydrochloric acid and pepsin to
each capped test tube at a volume and concentration that will erode a
single No. 4 lead shot at a rate of 5 mg/day. Place three test tubes,
each containing either lead shot, steel shot or candidate shot and/or
coated shot, in an aluminum block on the stirring hot plate. Add a
Teflon[reg] coated magnet to each test tube and set the hot plate at 42
degrees centigrade and 500 revolutions per minute. Determine the erosion
of shot or coated shot daily for 14 consecutive days by weighing the
shot and analyzing the digestion solution with an atomic absorption
spectrophotometer. Replicate the 14-day procedure five times.
(3) Typical test analyses. Compare erosion rates of the three types
of shot by appropriate analysis of variance and regression procedures.
The statistical analysis will determine whether the rate of erosion of
the shot and/or shot coating is significantly greater or less than that
of lead and steel. This determination is important to any subsequent
toxicity testing.
(B) Acute toxicity test--Tier 2 (Short-term, 30-day acute toxicity
test using a commercially available duck food.). Over a 30-day period,
conduct a short-term acute toxicity test that complies with the
guidelines described as follows or as otherwise provided by the Service:
(1) Typical test materials: 30 male and 30 female hand-reared
mallards approximately 6 to 8 months old (mallards must have plumage and
body conformation that resemble wild mallards); 60 elevated outdoor pens
equipped with feeders and waterers; Laboratory equipped to perform
fluoroscopy, required blood and tissue assays, and necropsies;
Commercial duck maintenance mash; and Lead, steel and candidate shot.
(2) Typical test procedures. House mallards individually in pens and
give ad libitum access to food and water. After 3 weeks, randomly assign
to 3 groups (10 males and 10 females/group), dose with eight pellets of
either No. 4 lead shot (positive control), steel shot (negative
control), or the candidate shot or coated shot. Fluoroscope birds at 1
week after dosage to check for shot retention. Observe birds daily for
signs of intoxication and mortality over a 30-day period. Determine body
weight at the time of dosing, and at days 15 and 30 of the test. On days
15 and 30, collect blood by venipuncture, determine hematocrit,
hemoglobin concentration and other specified blood chemistries.
Sacrifice all survivors on day 30. Remove the liver and other
appropriate organs from the sacrificed birds and from birds that died
prior to sacrifice on day 30 for histopathological analysis. Analyze the
organs for lead and compounds contained in the candidate shot or coated
shot. Necropsy all birds to determine any pathological conditions.
(3) Typical test analyses. Analyze mortality among the specified
groups with appropriate chi-square statistical procedures. Analyze
physiological data and tissue contaminant data by analysis of variance
or other appropriate statistical procedures to include the factors of
shot type and sex. Compare sacrificed birds and birds that died prior to
sacrifice whenever sample sizes are adequate for meaningful comparison.
(C) Daphnid and fish early-life toxicity tests. Determine the
toxicity of the compounds that comprise the shot or shot coating (at
conditions maximizing solubility without adversely affecting
[[Page 47]]
controls) to selected invertebrates and fish. These methods are subject
to the environmental effects test regulations developed under the
authority of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.),
as follows:
(1) The first test, the Daphnid Acute Toxicity Test (conducted in
accordance with 40 CFR 797.1300), is a guideline for use in developing
data on the acute toxicity of chemical substances. This guideline
prescribes an acute toxicity test in which Daphnid exposure to a
chemical in static and flow-through systems, with the agencies assessing
the hazard the compound(s) may present to an aquatic environment.
(2) The second test is the Daphnid Chronic Toxicity Test (conducted
in accordance with 40 CFR 797.1330). This gathers data on the chronic
toxicity of chemical substances in which Daphnids (Daphnia spp.) are
exposed to a chemical in a renewal or flow-through system. The data from
this test are again used to assess the hazard that the compound(s) may
present to an aquatic environment.
(3) A third test, Fish Early Life Stage Toxicity Test (conducted in
accordance with 40 CFR Section 797.1600), assesses the adverse effects
of chemical substances to fish in the early stages of their growth and
development. Data from this test are used to determine the hazard the
compound(s) may present to an aquatic environment.
(iii) After the Tier 2 testing, the applicant will report the
results to the Director. If, after review of the Tier 2 data, the
Service determines that the information does not establish that the shot
or shot coating does not impose a significant danger to migratory birds,
other wildlife, and their habitats, the applicant is advised to proceed
with the additional testing in Tier 3. A Notice of Review advises the
public that, in conjunction with Tier 1 data, Tier 2 test results are
inconclusive and Tier 3 testing is required for continued consideration.
(iv) If review of the Tier 2 test data results in a preliminary
determination that the candidate shot or shot coating does not impose a
significant danger to migratory birds, other wildlife, and their
habitats, the Director will publish in the Federal Register a proposed
rule stating the Service's intention to approve this shot and/or coating
and why Tier 3 testing is unnecessary. The rulemaking will include a
description of chemical composition of the shot or shot coating, and a
synopsis of findings under the standards required at Tier 2. If, at the
end of the comment period, the Service finds no technical or scientific
basis upon which to deny approval, the candidate shot or shot coating
approval is published as a final rule in the Federal Register. If, as a
result of the comment period, the Service determines that the
information does not establish that the shot and/or shot coating does
not impose a significant danger to migratory birds, other wildlife, and
their habitats, Tier 3 testing will be required and a Notice of Review
published in the Federal Register. If the applicant chooses not to
proceed, the determination denying approval of the candidate shot or
shot coating will appear in the Federal Register.
(4) Tier 3. (i) If the Director determines that the Tier 1 or Tier 2
information is inconclusive, the Director will notify the applicant to
submit a Tier 3 testing plan for conducting further testing as outlined
in paragraphs (b)(4)(i) (A) and (B) of this section. Review, by the
Director, of the Tier 3 testing plan submitted by the applicant will
occur within 30 days of receipt. The Director may decline to approve the
plan, or any part of it, if deficient in any manner with regard to
timing, format or content. The Director shall apprise the applicant
regarding what parts, if any, of the submitted testing procedure to
disregard and any modifications to incorporate into the Tier 3 plan in
order to gain plan approval. All testing procedures should be in
compliance with the Good Laboratory Practices Standards (40 CFR part
160), except where they conflict with the regulations in this section or
with a provision of an approved plan. The Director, or authorized
representative, may elect to inspect the applicant's laboratory
facilities and may decline to approve the plan and further consideration
of the candidate shot and/or shot coating if the facility is not
[[Page 48]]
in compliance with the Good Laboratory Practices Standards. After
acceptance of the plan, Tier 3 testing will commence. Required analyses
and reports must be sent to the Director. The applicant will ensure that
copies of all the raw data and statistical analyses accompany the
laboratory reports and final comprehensive report of this test.
(A) Chronic toxicity test--Tier 3 (Long-term toxicity test under
depressed temperature conditions using a nutritionally-deficient diet).
Conduct a chronic exposure test under adverse conditions that complies
with the general guidelines described as follows unless otherwise
provided by the Service:
(1) Typical test materials: 36 male and 36 female hand-reared
mallards approximately 6 to 8 months old (Mallards must have plumage and
body conformation that resembles wild mallards); 72 elevated outdoor
pens equipped with feeders and waterers; Laboratory equipped to perform
fluoroscopy, required blood and tissue assays, and necropsies; Whole
kernel corn; and Lead, steel, and candidate shot or coated shot.
(2) Typical test procedures. (i) Conduct this test at a location
where the mean monthly low temperature during December through March is
between 20 and 40 degrees Fahrenheit (-6.6 and 4.4 degrees centigrade,
respectively). Assign individual mallards to elevated outdoor pens
during the first week of December and acclimate to an ad libitum diet of
whole kernel corn for 2 weeks. Randomly assign birds to 5 groups (lead
group of 4 males and 4 females, 4 other groups of 8 males and 8 females/
group). Dose the lead group (positive control) with one size No. 4
pellet of lead shot. Dose one group (8 males and 8 females) with eight
size No. 4 pellets of steel shot (negative control) and dose the 3 other
groups (8 males and 8 females/group) with one, four and eight size No. 4
pellets of candidate shot or coated shot.
(ii) Weigh and fluoroscope birds weekly. Weigh all recovered shot to
measure erosion. Determine blood parameters given in the 30-day acute
toxicity test. Provide body weight and blood parameter measurements on
samples drawn at 24 hours after dosage and at the end of days 30 and 60.
At the end of 60 days, sacrifice all survivors. Remove the liver and
other appropriate organs from sacrificed birds and birds dying prior to
sacrifice on day 60 for histopathological analysis. Analyze organs for
lead and other metals potentially contained in the candidate shot or
shot coating. Necropsy all birds that died prior to sacrifice to
determine pathological conditions associated with death.
(3) Typical test analyses. Analyze mortality among the specified
groups with appropriate chi-square statistical procedures. Any effects
on the previously mentioned physiological parameters caused by the shot
or shot coating must be significantly less than those caused by lead
shot and must not be significantly greater than those caused by steel
shot. Analyze physiological data and tissue contaminant data by analysis
of variance or appropriate statistical procedures to include the factors
of shot type, dose and sex. Compare sacrificed birds and birds that died
prior to sacrifice whenever sample sizes are adequate for a meaningful
comparison.
(B) Chronic dosage study--Tier 3 (Moderately long-term study that
includes reproductive assessment). Conduct chronic exposure reproduction
trial with the general guidelines described as follows unless otherwise
provided by the Service:
(1) Typical test materials: 44 male and 44 female hand-reared first
year mallards (Mallards must have plumage and body conformation that
resemble wild mallards); Pens suitable for quarantine and acclimation
and for reasonably holding 5-10 ducks each; 44 elevated, pens equipped
with feeders, waterers and nest boxes; Laboratory equipped to perform
fluoroscopy, required blood and tissue assays, and necropsies; Whole
kernel corn, and commercial duck maintenance and breeder mash; and Lead,
steel and candidate shot or coated shot.
(2) Typical test procedures. (i) Randomly assign mallards to 3
groups (Lead group = 4 males and 4 females; steel group = 20 males and
20 females; candidate shot/coated shot group = 20 males and 20 females)
in December and
[[Page 49]]
hold in same-sex groups until mid-January (dates apply to outdoor test
facility only and will reflect where in the U.S. tests are conducted).
Tests conducted in the southern U.S. will need to be completed in low
temperature units. After a 3-week acclimation period with ducks
receiving commercial maintenance mash, provide birds with an ad libitum
diet of corn for 60 days and then pair birds (one pair/pen) and provide
commercial breeder mash. Dosing of the 3 groups with one pellet of No. 4
lead shot (positive control); eight pellets of No. 4 steel shot
(negative control); and eight pellets of No. 4 candidate shot or coated
shot will occur after the acclimation period (day 0) and redosed after
30, 60, and 90 days. Few, if any, of the lead-dosed birds (positive
control) should survive and reproduce.
(ii) Fluoroscope birds 1 week after dosage to check for shot
retention. Weigh males and females the day of initial dosing (day 0), at
each subsequent dosing, and at death. Measure blood parameters
identified in the 30-Day Acute Toxicity Test in this test using samples
drawn at time of weighing. Note the date of first egg and the mean
number of days per egg laid. Conclude laying after 21 normal, uncracked
eggs are laid or after 150 days. Sacrifice adults after completion of
laying period. Remove the liver and other appropriate organs from
sacrificed birds and from other birds that died prior to sacrifice for
histopathological analysis. Analyze organs and the 11th egg for
compounds contained in the shot or shot coating. Necropsy all birds to
determine any pathological conditions. Check nests daily to collect
eggs. Discard any eggs laid before pairing. Artificially incubate eggs
and calculate the percent shell thickness, percent eggs cracked, percent
fertility (as determined by candling), and percent hatch of fertile eggs
for each female. Provide ducklings with starter mash after hatching.
Sacrifice all ducklings at 14 days of age. Measure survival to day 14
and weight of the ducklings at hatching and sacrifice. Measure blood
parameters identified in the 30-Day Acute Toxicity Test using samples
drawn at sacrificing.
(3) Typical test analyses. (i) Any mortality, reproductive
inhibition or effects on the physiological parameters in paragraph
(b)(4) by the shot or shot coating must not be significantly greater
than those caused by steel shot. Percentage data is subject to an
arcsine, square root transformation prior to statistical analyses.
Physiological and reproductive data is analyzed by one-tailed t-tests
([alpha]=0.05), or other appropriate statistical procedures by the
applicant.
(ii) After conclusion of Tier 3 testing, the applicant must report
the results to the Director. If after review of the Tier 3 data
(completion 60 days after receipt of material) the Service determines
that all of the information gathered and submitted in accordance with
Tiers 1, 2, and 3, as applicable, does not establish that the shot or
shot coating does not impose a significant danger to migratory birds,
other wildlife, and their habitats, the applicant will have the option
of repeating the tests that the Director deems are inconclusive. If the
applicant chooses not to repeat the tests, approval of the candidate
shot or shot coating is denied. A Notice of Review will inform the
public that Tier 3 results are inconclusive, the applicant's decision
not to repeat Tier 3 testing, and the Service's subsequent denial of the
shot or shot coating.
(iii) If review of either the initial or repeated Tier 3 test data
results in a preliminary determination that the shot or shot coating
does not impose a significant danger to migratory birds, other wildlife
and their habitats, the Director will publish in the Federal Register a
proposed rule stating the Service's intention to approve this shot or
shot coating and providing the public with the opportunity to comment.
The rulemaking will include a description of the chemical composition of
the shot or shot coating and a synopsis of findings under the standards
required by Tier 3. If at the end of the comment period, the Service
concludes that the shot or shot coating does not impose a significant
danger to migratory birds, other wildlife, or their habitats, the shot
or shot coating will be approved as nontoxic with publication of a final
rule in the Federal Register.
[[Page 50]]
(5) Residual lead levels. The Service's maximum environmentally
acceptable level of lead in shot is trace amounts or <1 percent. Any
shot manufactured with lead levels equal to or exceeding 1 percent are
considered toxic and, therefore, illegal.
(6) Field detection device. Before approval of any shot for use in
migratory game bird hunting, a noninvasive field testing device must be
available for enforcement officers to determine the shot material in a
given shell in the field.
(Information collection requirements approved by the Office of
Management and Budget under control no. 1018-0067)
[51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]
Subpart M [Reserved]
Subpart N--Special Procedures for Issuance of Annual Hunting Regulations
Source: 46 FR 62079, Dec. 22, 1981, unless otherwise noted.
Sec. 20.151 Purpose and scope.
The rules of this subpart N apply to the issuance of the annual
regulations establishing seasons, bag limits, and other requirements for
the seasonal hunting of migratory birds. The rules of this subpart N do
not apply to the issuance of regulations under part 21 of this title or
under subparts A through J and L through M of this part 20.
Sec. 20.152 Definitions.
As used in this subpart N:
(a) Flyway Council means the Atlantic, Mississippi, Central, or
Pacific Flyway Council;
(b) Regulations Committee means the Migratory Bird Regulations
Committee of the Fish and Wildlife Service; and
(c) Significant, as used in reference to a communication or other
form of information or data, means related to the merits of the
regulation and received, utilized, or transmitted by an official of the
Department who is or may reasonably be expected to be involved in the
decisional process on the regulation.
Sec. 20.153 Regulations committee.
(a) Notice of meetings. Notice of each meeting of the Regulations
Committee to be attended by any person outside the Department will be
published in the Federal Register at least two weeks before the meeting.
The notice will state the time, place, and general subject(s) of the
meeting, as well as the extent of public involvement.
(b) Public observation and written comment. Each meeting of the
Regulations Committee for which notice is published pursuant to
paragraph (a) of this section will be open to the public for observation
and the submission of written comments.
(c) Public participation. Except for the mid-summer meetings held in
Washington, DC, in conjuction with the public hearing on waterfowl and
other late season frameworks, the public may participate in any meeting
of the Regulations Committee for which notice is published pursuant to
paragraph (a) of this section through the submission of oral statements
that comply with the rules stated in the notice.
(d) Minutes of meetings. Minutes will be made of each meeting of the
Regulations Committee for which notice is published pursuant to
paragraph (a) of this section.
Sec. 20.154 Flyway Councils.
(a) Notice of meetings. Notice of each meeting of a Flyway Council
to be attended by any official of the Department will be published in
the Federal Register at least two weeks before the meeting or as soon as
practicable after the Department learns of the meeting. The notice will
state the time, place, and general subject(s) of the meeting.
(b) [Reserved]
Sec. 20.155 Public file.
(a) Establishment. A public file will be established for each
rulemaking to which this subpart N is applicable.
(b) Contents. Except for information exempt from disclosure under 5
U.S.C. 552, a public file established pursuant to paragraph (a) of this
section will contain:
(1) The minutes of Regulations Committee meetings made pursuant to
paragraph (d) of Sec. 20.153;
[[Page 51]]
(2) Any written comments and other significant written
communications which occur after the notice of proposed rulemaking;
(3) Summaries, identifying the source, of any significant oral
communications which occure after the notice of proposed rulemaking; and
(4) Copies of or references to any other significant data or
information.
PART 21--MIGRATORY BIRD PERMITS--Table of Contents
Subpart A--Introduction
Sec.
21.1 Purpose of regulations.
21.2 Scope of regulations.
21.3 Definitions.
21.4 Information collection requirements.
Subpart B--General Requirements and Exceptions
21.11 General permit requirements.
21.12 General exceptions to permit requirements.
21.13 Permit exceptions for captive-reared mallard ducks.
21.14 Permit exceptions for captive-reared migratory waterfowl other
than mallard ducks.
Subpart C--Specific Permit Provisions
21.21 Import and export permits.
21.22 Banding or marking permits.
21.23 Scientific collecting permits.
21.24 Taxidermist permits.
21.25 Waterfowl sale and disposal permits.
21.26 Special Canada goose permit.
21.27 Special purpose permits.
21.28 Falconry permits.
21.29 Federal falconry standards.
21.30 Raptor propagation permits.
Subpart D--Control of Depredating Birds
21.41 Depredation permits.
21.42 Authority to issue depredating orders to permit the killing of
migratory game birds.
21.43 Depredation order for blackbirds, cowbirds, grackles, crows and
magpies.
21.44 Depredation order for designated species of depredating birds in
California.
21.45 Depredation order for depredating purple gallinules in Louisiana.
21.46 Depredation order for depredating scrub jays and Steller's jays in
Washington and Oregon.
21.47 Depredation order for double-crested cormorants at aquaculture
facilities.
Subpart E--Control of Overabundant Migratory Bird Populations
21.60 Conservation order for mid-continent light geese.
Authority: Pub. L. 95-616; 92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L.
106-108.
Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 21.1 Purpose of regulations.
The regulations contained in this part supplement the general permit
regulations of part 13 of this subchapter with respect to permits for
the taking, possession, transporation, sale, purchase, barter,
importation, exportation, and banding or marking of migratory birds.
This part also provides certain exceptions to permit requirements for
public, scientific, or educational institutions, and establishes
depredation orders which provide limited exceptions to the Migratory
Bird Treaty Act (16 U.S.C. 703-712).
[54 FR 38150, Sept. 14, 1989]
Sec. 21.2 Scope of regulations.
(a) Migratory birds, their parts, nests, or eggs, lawfully acquired
prior to the effective date of Federal protection under the Migratory
Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported
without a permit, but may not be imported, exported, purchased, sold,
bartered, or offered for purchase, sale or barter, and all shipments of
such birds must be marked as provided by part 14 of this subchapter:
Provide, no exemption from any statute or regulation shall accrue to any
offspring of such migratory birds.
(b) This part 21, except for Sec. 21.22 (banding or marking
permits), does not apply to the bald eagle (Haliaeetus leucocephalus) or
the golden eagle (Aquila chrysaetos) for which regulations are provided
in part 22 of this subchapter.
(c) The provisions of this part are in addition to, and are not in
lieu of other regulations of this subchapter B which may require a
permit or prescribe additional restrictions or conditions for the
[[Page 52]]
importation, exportation, and interstate transportation of wildlife (see
also part 13).
[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981]
Sec. 21.3 Definitions.
In addition to definitions contained in part 10 of this chapter, and
unless the context requires otherwise, as used in this part:
Bred in captivity or captive-bred refers to raptors, including eggs,
hatched in captivity from parents that mated or otherwise transferred
gametes in captivity.
Captivity means that a live raptor is held in a controlled
environment that is intensively manipulated by man for the purpose of
producing raptors of selected species, and that has boundaries designed
to prevent raptors, eggs or gametes of the selected species from
entering or leaving the controlled environment. General characteristics
of captivity may include, but are not limited to, artificial housing,
waste removal, health care, protection from predators, and artificially
supplied food.
Falconry means the sport of taking quarry by means of a trained
raptor.
Raptor means a live migratory bird of the Order Falconiformes or the
Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus)
or a golden eagle (Aquila chrysaetos).
Resident Canada geese means Canada geese that nest within the
conterminous United States and/or Canada geese which reside within the
conterminous United States during the months of June, July, or August.
Service or we means the U.S. Fish and Wildlife Service, Department
of the Interior.
[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999]
Sec. 21.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 21 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0022. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 15 minutes to 4 hours per response, with an
average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Direct comments regarding the burden estimate or
any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, DC 20240, or the Office of Management and
Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.
[63 FR 52637, Oct. 1, 1998]
Subpart B--General Requirements and Exceptions
Sec. 21.11 General permit requirements.
No person may take, possess, import, export, transport, sell,
purchase, barter, or offer for sale, purchase, or barter, any migratory
bird, or the parts, nests, or eggs of such bird except as may be
permitted under the terms of a valid permit issued pursuant to the
provisions of this part and part 13 of this chapter, or as permitted by
regulations in this part, or part 20 of this subchapter (the hunting
regulations), or part 92 of subchapter G of this chapter (the Alaska
subsistence harvest regulations). Birds taken or possessed under this
part in ``included areas'' of Alaska as defined in Sec. 92.5(a) are
subject to this part and not to part 92 of subchapter G of this chapter.
[68 FR 43027, July 21, 2003]
[[Page 53]]
Sec. 21.12 General exceptions to permit requirements.
The following exceptions to the permit requirement are allowed.
(a) Employees of the Department of the Interior authorized to
enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918,
as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit,
take or otherwise acquire, hold in custody, transport, and dispose of
migratory birds or their parts, nests, or eggs as necessary in
performing their official duties.
(b) State game departments, municipal game farms or parks, and
public museums, public zoological parks, accredited institutional
members of the American Association of Zoological Parks and Aquariums
(AAZPA) and public scientific or educational institutions may acquire by
gift or purchase, possess, transport, and by gift or sale dispose of
lawfully acquired migratory birds or their progeny, parts, nests, or
eggs without a permit: Provided, That such birds may be acquired only
from persons authorized by this paragraph or by a permit issued pursuant
to this part to possess and dispose of such birds, or from Federal or
State game authorities by the gift of seized, condemned, r sick or
injured birds. Any such birds, acquired without a permit, and any
progeny therefrom may be disposed of only to persons authorized by this
paragraph to acquire such birds without a permit. Any person exercising
a privilege granted by this paragraph must keep accurate records of such
operations showing the species and number of birds acquired, possessed,
and disposed of; the names and addresses of the persons from whom such
birds were acquired or to whom such birds were donated or sold; and the
dates of such transactions. Records shall be maintained or reproducible
in English on a calendar year basis and shall be retained for a period
of five (5) years following the end of the calendar year covered by the
records.
[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR
38151, Sept. 14, 1989]
Sec. 21.13 Permit exceptions for captive-reared mallard ducks.
Captive-reared and properly marked mallard ducks, alive or dead, or
their eggs may be acquired, possessed, sold, traded, donated,
transported, and disposed of by any person without a permit, subject to
the following conditions, restrictions, and requirements:
(a) Nothing in this section shall be construed to permit the taking
of live mallard ducks or their eggs from the wild.
(b) All mallard ducks possessed in captivity, without a permit,
shall have been physically marked by at least one of the following
methods prior to 6 weeks of age and all such ducks hatched, reared, and
retained in captivity thereafter shall be so marked prior to reaching 6
weeks of age.
(1) Removal of the hind toe from the right foot.
(2) Pinioning of a wing: Provided, That this method shall be the
removal of the metacarpal bones of one wing or a portion of the
metacarpal bones which renders the bird permanently incapable of flight.
(3) Banding of one metatarsus with a seamless metal band.
(4) Tattooing of a readily discernible number or letter or
combination thereof on the web of one foot.
(c) When so marked, such live birds may be disposed of to, or
acquired from, any person and possessed and transferred in any number at
any time or place: Provided, That all such birds shall be physically
marked prior to sale or disposal regardless of whether or not they have
attained 6 weeks of age.
(d) When so marked, such live birds may be killed, in any number, at
any time or place, by any means except shooting. Such birds may be
killed by shooting only in accordance with all applicable hunting
regulations governing the taking of mallard ducks from the wild:
Provided, That such birds may be killed by shooting, in any number, at
any time, within the confines of any premises operated as a shooting
preserve under State license, permit, or authorization; or they may be
shot, in any number, at any time or place, by any person for bona fide
dog training or field trial purposes: Provided further, That the
provisions:
(1) The hunting regulations (part 20 of this subchapter), with the
exception of Sec. 20.108 (Nontoxic shot zones), and
[[Page 54]]
(2) The Migratory Bird Hunting Stamp Act (duck stamp requirement)
shall not apply to shooting preserve operations as provided for in this
paragraph, or to bona fide dog training or field trial operations.
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That persons, who operate
game farms or shooting preserves under a State license, permit, or
authorization for such activities, may remove the marked foot or wing
when either the number of his State license, permit, or authorization
has first been legibly stamped in ink on the back of each carcass and on
the container in which each carcass is maintained, or each carcass is
identified by a State band on leg or wing pursuant to requirements of
his State license, permit, or authorization. When properly marked, such
carcasses may be disposed of to, or acquired from, any person and
possessed and transported in any number at any time or place.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54
FR 36798, Sept. 5, 1989]
Sec. 21.14 Permit exceptions for captive-reared migratory waterfowl other
than mallard ducks.
Any person may, without a permit, lawfully acquire captive-reared
and properly marked migratory waterfowl of all species other than
mallard ducks, alive or dead, or their eggs, and possess and transport
such birds or eggs and any progeny or eggs therefrom solely for his own
use subject to the following conditions and restrictions:
(a) Such birds, alive or dead, or their eggs may be lawfully
acquired only from holders of valid waterfowl sale and disposal permits,
unless lawfully acquired outside of the United States, except that
properly marked carcasses of such birds may also be lawfully acquired as
provided under paragraph (c) of this section.
(b) All progeny of such birds or eggs hatched, reared, and retained
in captivity must be physically marked as defined in Sec. 21.13(b).
(c) No such birds or eggs or any progeny or eggs thereof may be
disposed of by any means, alive or dead, to any other person unless a
waterfowl sale and disposal permit has first been secured authorizing
such disposal: Provided, That bona fide clubs, hotels, restaurants,
boarding houses, and dealers in meat and game may serve or sell to their
customers the carcass of any such birds which they have acquired from
the holder of a valid waterfowl sale and disposal permit.
(d) Lawfully possessed and properly marked birds may be killed, in
any number, at any time or place, by any means except shooting. Such
birds may be killed by shooting only in accordance with all applicable
hunting regulations governing the taking of like species from the wild.
(See part 20 of this subchapter.)
(e) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass, unless such carcasses were marked as
provided in Sec. 21.25(c)(4) and the foot or wing removed prior to
acquisition.
(f) When any such birds, alive or dead, or their eggs are acquired
from a waterfowl sale and disposal permittee, the permittee shall
furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer,
indicating all information required by the form and the method or
methods by which individual birds are marked as required by Sec.
21.25(c)(2). The buyer shall retain the Form 3-186 on file for the
duration of his possession of such birds or eggs or progeny or eggs
thereof.
[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]
Subpart C--Specific Permit Provisions
Sec. 21.21 Import and export permits.
(a) Permit requirement. (1) Except for migratory game birds imported
in accordance with the provisions of subpart G of part 20 of this
subchapter B, an import permit is required before any
[[Page 55]]
migratory birds, their parts, nests, or eggs may be imported.
(2) An export permit is required before any migratory birds, their
parts, nests, or eggs may be exported: Provided, that captive-reared
migratory game birds that are marked in compliance with the provisions
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit.
Provided further, that raptors lawfully possessed under a falconry
permit issued pursuant to Sec. 21.28 of this part may be exported to or
imported from Canada or Mexico without a permit for the purposes of
attending bona fide falconry meets, as long as the person importing or
exporting the birds returns the same bird(s) to the country of export
following any such meet. Nothing in this paragraph, however, exempts any
person from the permit requirements of parts 17, 22, and 23 of this
subchapter.
(b) Application procedures. Applications for permits to import or
export migratory birds shall be submitted to the appropriate issuing
office (see Sec.Sec. 10.22 and 13.11(b) of this subchapter). Each such
application must contain the general information and certification
required by Sec. 13.12(a)(5) of this subchapter plus the following
additional information:
(1) Whether importation or exportation is requested;
(2) The species and numbers of migratory birds or their parts,
nests, or eggs to be imported or exported;
(3) The name and address of the person from whom such birds are
being imported or to whom they are being exported;
(4) The purpose of the importation or exportation;
(5) The estimated date of arrival or departure of the shipment(s),
and the port of entry or exit through which the shipment will be
imported or exported; and
(6) Federal and State permit numbers and type of permits authorizing
possession, acquisition, or disposition of such birds, their parts,
nests, or eggs where such a permit is required.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, import and export
permits shall be subject to any requirements set forth in the permit.
(d) Term of permit. An import or export permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[54 FR 38151, Sept. 14, 1989]
Sec. 21.22 Banding or marking permits.
(a) Permit requirement. A banding or marking permit is required
before any person may capture migratory birds for banding or marking
purposes or use official bands issued by the Service for banding or
marking any migratory bird.
(b) Application procedures. Applications for banding or marking
permits shall be submitted by letter of application addressed to the
Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish
and Wildlife Service, Laurel, Maryland 20708. Each such application
shall contain the general information and certification set forth by
Sec. 13.12(a) of this subchapter plus the following additional
information:
(1) Species and numbers proposed to be banded or marked;
(2) Purpose of banding or marking;
(3) State or States in which authorization is requested; and
(4) Name and address of the public, scientific, or educational
institution to which any specimens will be donated that are salvaged
pursuant to paragraphs (c) (3) and (4) of this section.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, banding or marking
permits shall be subject to the following conditions:
(1) The banding of migratory birds shall only be by official
numbered leg bands issued by the Service. The use of any other band,
clip, dye, or other method of marking is prohibited unless specifically
authorized in the permit.
(2) All traps or nets used to capture migratory birds for banding or
marking purposes shall have attached thereto a tag or label clearly
showing the name and address of the permittee and his permit number, or
the area in which such traps or nets are located
[[Page 56]]
must be posted with notice of banding operations posters (Form 3-1155,
available upon request from the Bird Banding Laboratory, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Laurel, Md.
20708) which shall bear the name and address of the permittee and the
number of his permit.
(3) The holder of a banding or marking permit may salvage, for the
purpose of donating to a public scientific or educational institution,
birds killed or found dead as a result of the permittee's normal banding
operations, and casualties from other causes. All dead birds salvaged
under authority of a migratory bird banding or marking permit must be
donated and transferred to a public scientific or educational
institution at least every 6 months or within 60 days of the time such
permit expires or is revoked, unless the permittee has been issued a
special permit authorizing possession for a longer period of time.
(4) Permittees must keep accurate records of their operations and
file reports as set forth in the North American Bird Banding Manual, or
supplements thereto, in accordance with instructions contained therein.
(d) Term of permit. A banding or marking permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]
Sec. 21.23 Scientific collecting permits.
(a) Permit requirement. A scientific collecting permit is required
before any person may take, transport, or possess migratory birds, their
parts, nests, or eggs for scientific research or educational purposes.
(b) Application procedures. Submit applications for scientific
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
(1) Species and numbers of migratory birds or their parts, nests, or
eggs to be taken or acquired when it is possible to determine same in
advance;
(2) Location or locations where such scientific collecting is
proposed;
(3) Statement of the purpose and justification for granting such a
permit, including an outline of any research project involved;
(4) Name and address of the public, scientific, or educational
institution to which all specimens ultimately will be donated; and
(5) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, scientific
collecting permits shall be subject to the following conditions:
(1) All specimens taken and possessed under authority of a
scientific collecting permit must be donated and transferred to the
public scientific, or educational institution designated in the permit
application within 60 days following the date such permit expires or is
revoked, unless the permittee has been issued a special purpose permit
(See Sec. 21.27) authorizing possession for a longer period of time.
(2) Unless otherwise provided on the permit, all migratory game
birds taken pursuant to a scientific collecting permit during the open
hunting season for such birds must be in conformance with part 20 of
this subchapter;
(3) Unless specifically stated on the permit, a scientific
collecting permit does not authorize the taking of live migratory birds
from the wild.
(4) In addition to any reporting requirement set forth in the
permit, a report of the scientific collecting activities conducted under
authority of such permit shall be submitted to the issuing officer on or
before January 10 of each calendar year following the year of issue
unless a different date is stated in the permit.
(d) Term of permit. A scientific collecting permit issued or renewed
under this part expires on the date designated
[[Page 57]]
on the face of the permit unless amended or revoked, but the term of the
permit shall not exceed three (3) years from the date of issuance or
renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63
FR 52637, Oct. 1, 1998]
Sec. 21.24 Taxidermist permits.
(a) Permit requirement. A taxidermist permit is required before any
person may perform taxidermy services on migratory birds or their parts,
nests, or eggs for any person other than himself.
(b) Application procedures. Submit application for taxidermist
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
(1) The address of premises where taxidermist services will be
provided;
(2) A statement of the applicant's qualifications and experience as
a taxidermist; and
(3) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Permit authorizations. A permit authorizes a taxidermist to:
(1) Receive, transport, hold in custody or possession, mount or
otherwise prepare, migratory birds, and their parts, nests, or eggs, and
return them to another.
(2) Sell properly marked, captive reared migratory waterfowl which
he has lawfully acquired and mounted. Such mounted birds may be placed
on consignment for sale and may be possessed by such consignee for the
purpose of sale.
(d) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, taxidermist
permits shall be subject to the following conditions:
(1) Permittees must keep accurate records of operations, on a
calendar year basis, showing the names and addresses of persons from and
to whom migratory birds or their parts, nests, or eggs were received or
delivered, the number and species of such, and the dates of receipt and
delivery. In addition to the other records required by this paragraph,
the permittee must maintain in his files, the original of the completed
Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his
acquisition of captive reared, properly marked migratory waterfowl from
the holder of a current waterfowl sale and disposal permit.
(2) Notwithstanding the provisions of paragraph (c) of this section,
the receipt, possession, and storage by a taxidermist of any migratory
game birds taken by another by hunting is not authorized unless they are
tagged as required by Sec. 20.36 of this subchapter. The required tags
may be removed during the taxidermy operations but must be retained by
the taxidermist with the other records required to be kept and must be
reattached to the mounted specimen after mounting. The tag must then
remain attached until the mounted specimen is delivered to the owner.
(e) Term of permit. A taxidermist permit issued or renewed under
this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63
FR 52637, Oct. 1, 1998]
Sec. 21.25 Waterfowl sale and disposal permits.
(a) Permit requirement. A waterfowl sale and disposal permit is
required before any person may lawfully sell, trade, donate, or
otherwise dispose of, to another person, any species of captive-reared
and properly marked migratory waterfowl or their eggs, except that such
a permit is not required for such sales or disposals of captive-reared
and properly marked mallard ducks or their eggs.
(b) Application procedures. Submit application for waterfowl sale
and disposal permits to the appropriate Regional Director (Attention:
Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and the following additional information:
[[Page 58]]
(1) A description of the area where waterfowl are to be kept;
(2) Species and numbers of waterfowl now in possession and a
statement showing from whom these were obtained;
(3) A statement indicating the method by which individual birds are
marked as required by the provisions of this part 21; and
(4) If a State permit is required by State law, a statement as to
whether or not the applicant possesses such State permit, giving its
number and expiration date.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, waterfowl sale and
disposal permits shall be subject to the following conditions:
(1) Permittees may not take migratory waterfowl or their eggs from
the wild, and may not acquire such birds or their eggs from any person
not authorized by a valid permit issued pursuant to this part to dispose
of such birds or their eggs.
(2) All live migratory waterfowl possessed in captivity under
authority of a valid waterfowl sale and disposal permit shall have been,
prior to 6 weeks of age, physically marked as defined in Sec. 21.13(b).
All offspring of such birds hatched, reared, and retained in captivity
shall be so marked prior to attaining 6 weeks of age. The preceding does
not apply to captive adult geese, swans, and brant which were marked
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor
to such birds held in captivity at public zoological parks, and public
scientific or educational institutions.
(3) Such properly marked birds may be killed, in any number, at any
time or place, by any means except shooting. Such birds may be killed by
shooting only in accordance with all the applicable hunting regulations
governing the taking of like species from the wild.
(4) At all times during possession, transportation, and storage
until the raw carcasses of such birds are finally processed immediately
prior to cooking, smoking, or canning, the marked foot or wing must
remain attached to each carcass: Provided, That permittees who are also
authorized to sell game under a State license, permit or authorization
may remove the marked foot or wing from the raw carcasses if the number
of his State license, permit, or authorization has first been legibly
stamped in ink on the back of each carcass and on the wrapping or
container in which each carcass is maintained, or each carcass is
identified by a State band on leg or wing pursuant to requirements of
his State license, permit, or authorization.
(5) Such properly marked birds, alive or dead, or their eggs may be
disposed of in any number, at any time or place, to any person:
Provided, That all such birds shall be physically marked prior to sale
or disposal regardless of whether or not they have attained 6 weeks of
age: And provided further, That on each date that any such birds or
their eggs, are transferred to another person, the permittee must
complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating
all information required by the form and the method or methods by which
individual birds are marked as required by Sec. 21.25(c)(2). (Service
will provide supplies of form.) The permittee will furnish the original
of completed Form 3-186 to the person acquiring the birds or eggs;
retain one copy in his files as a record of his operations: attach one
copy to the shipping container for the birds or eggs, or include the
copy in shipping documents which accompany the shipment; and, on or
before the last day of each month, mail two copies of each form
completed during that month to the office of the Fish and Wildlife
Service which issued his permit.
(6) Permittees shall submit an annual report within 10 days
following the 31st day of December of each calendar year to the office
of the Fish and Wildlife Service which issued the permit. The
information provided shall give the total number of waterfowl by species
in possession on that date and the method or methods by which individual
birds are marked as required by the provisions of this part 21.
(d) Term of permit. A waterfowl sale and disposal permit issued or
renewed under this part expires on the date designated on the face of
the permit unless amended or revoked, but the term
[[Page 59]]
of the permit shall not exceed three (3) years from the date of issuance
or renewal.
[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989;
63 FR 52637, Oct. 1, 1998]
Sec. 21.26 Special Canada goose permit.
(a) What is the special Canada goose permit and what is its purpose?
The special Canada goose permit is a permit issued by us to a State
wildlife agency authorizing certain resident Canada goose management and
control activities that are normally prohibited. We will only issue such
a permit when it will contribute to human health and safety, protect
personal property, or allow resolution or prevention of injury to people
or property. The management and control activities conducted under the
permit are intended to relieve or prevent injurious situations only. No
person should construe the permit as opening, reopening, or extending
any hunting season contrary to any regulations established under Section
3 of the Migratory Bird Treaty Act.
(b) Who may receive a permit? Only State wildlife agencies (State)
are eligible to receive a permit to undertake the various goose
management and control activities. Additionally, only employees or
designated agents of a permitted State wildlife agency may undertake
activities for injurious resident Canada geese in accordance with the
conditions specified in the permit, conditions contained in 50 CFR part
13, and conditions specified in paragraph (d) of this section.
(c) How does a State apply for a permit? Any State wildlife agency
wishing to obtain a permit must submit an application to the appropriate
Regional Director (see Sec. 13.11(b) of this subchapter) containing the
general information and certification required by Sec. 13.12(a) of this
subchapter plus the following information:
(1) A detailed statement showing that the goose management and
control activities will either provide for human health and safety,
protect personal property, or allow resolution of other injury to people
or property;
(2) An estimate of the size of the resident Canada goose breeding
population in the State;
(3) The requested annual take of resident Canada geese, including
eggs and nests;
(4) A statement indicating that the State will inform and brief all
employees and designated agents of the requirements of these regulations
and permit conditions.
(d) What are the conditions of the permit? The special Canada goose
permits are subject to the general conditions in 50 CFR part 13, the
conditions elsewhere in this section, and, unless otherwise specifically
authorized on the permit, the conditions outlined below:
(1) What are the limitations on management and control activities?
(i) Take of resident Canada geese as a management tool under this
section may not exceed the number authorized by the permit. States
should utilize non-lethal goose management tools to the extent they deem
appropriate in an effort to minimize lethal take.
(ii) Methods of take for the control of injurious resident Canada
geese are at the State's discretion. Methods include, but are not
limited to, firearms, alpha-chloralose, traps, egg and nest manipulation
and other damage control techniques consistent with accepted wildlife
damage-management programs.
(2) When may a State conduct management and control activities?
States and their employees and agents may conduct management and control
activities, including the take of resident Canada geese, under this
section between March 11 and August 31. In California, Oregon and
Washington, in areas where the threatened Aleutian Canada goose (B. c.
leucoperia) has been present during the previous 10 years, lethal
control activities are restricted to May 1 through August 31, inclusive.
(3) How must the States dispose or utilize geese taken under this
permit? States and their employees and agents may possess, transport,
and otherwise dispose of Canada geese taken under this section. States
must utilize such birds by donation to public museums or public
institutions for scientific or educational purposes, by processing them
[[Page 60]]
for human consumption and distributing them free of charge to charitable
organizations, or by burying or incinerating them. States, their
employees, and designated agents may not sell, offer for sale, barter,
or ship for the purpose of sale or barter any Canada geese taken under
this section, nor their plumage or eggs.
(4) How does the permit relate to existing State law? No person
conducting management and control activities under this section should
construe the permit to authorize the killing of injurious resident
Canada geese contrary to any State law or regulation, nor on any Federal
land without specific authorization by the responsible management
agency. No person may exercise the privileges granted under this section
unless they possess any permits required for such activities by any
State or Federal land manager.
(5) When conducting management and control activities, are there any
special inspection requirements? Any State employee or designated agent
authorized to carry out management and control activities must have a
copy of the permit and designation in their possession when carrying out
any activities. The State must also require the property owner or
occupant on whose premises the State is conducting activities to allow,
at all reasonable times, including during actual operations, free and
unrestricted access to any Service special agent or refuge officer,
State wildlife or deputy wildlife agent, warden, protector, or other
wildlife law enforcement officer (wildlife officer) on the premises
where they are, or were, conducting activities. Furthermore, any State
employee or designated agent conducting such activities must promptly
furnish whatever information is required concerning such activities to
any such wildlife officer.
(6) What are the reporting requirements of the permit? Any State
employee or designated agent exercising the privileges granted by this
section must keep records of all activities carried out under the
authority of this permit, including the number of Canada geese killed
and their disposition. The State must submit an annual report detailing
activities, including the time, numbers and location of birds, eggs, and
nests taken and non-lethal techniques utilized, before December 31 of
each year. The State should submit the annual report to the appropriate
Assistant Regional Director--Refuges and Wildlife (see Sec. 10.22 of
this subchapter).
(7) What are the limitations of the special permit? The following
limitations apply:
(i) Nothing in this section applies to any Federal land within a
State's boundaries without written permission of the Federal Agency with
jurisdiction.
(ii) States may not undertake any actions under any permit issued
under this section if the activities adversely affect other migratory
birds or species designated as endangered or threatened under the
authority of the Endangered Species Act.
(iii) We will only issue permits to State wildlife agencies in the
conterminous United States.
(iv) States may designate agents who must operate under the
conditions of the permit.
(v) How long is the special permit valid? A special Canada goose
permit issued or renewed under this section expires on the date
designated on the face of the permit unless it is amended or revoked or
such time that we determine that the State's population of resident
Canada geese no longer poses a threat to human health or safety,
personal property, or injury to other interests. In all cases, the term
of the permit may not exceed five (5) years from the date of issuance or
renewal.
(vi) Can we revoke the special permit? We reserve the right to
suspend or revoke any permit, as specified in Sec.Sec. 13.27 and 13.28
of this subchapter.
(e) What are the OMB information collection requirements of the
permit program? OMB has approved the information collection requirements
of the permit and assigned clearance number 1018-0099. Federal agencies
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. We will use the information collection requirements to
administer this program and in the issuance and monitoring of these
special permits. We will require the information from State wildlife
[[Page 61]]
agencies responsible for migratory bird management in order to obtain a
special Canada goose permit, and to determine if the applicant meets all
the permit issuance criteria, and to protect migratory birds. We
estimate the public reporting burden for this collection of information
to average 8 hours per response for 45 respondents (States), including
the time for reviewing instructions, gathering and maintaining data
needed, and completing and reviewing the collection of information.
Thus, we estimate the total annual reporting and record-keeping for this
collection to be 360 hours. States may send comments regarding this
burden estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Service
Information Collection Clearance Officer, Fish and Wildlife Service, ms
224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project 1018-0099,
Washington, DC 20503.
[64 FR 32774, June 17, 1999]
Sec. 21.27 Special purpose permits.
Permits may be issued for special purpose activities related to
migratory birds, their parts, nests, or eggs, which are otherwise
outside the scope of the standard form permits of this part. A special
purpose permit for migratory bird related activities not otherwise
provided for in this part may be issued to an applicant who submits a
written application containing the general information and certification
required by part 13 and makes a sufficient showing of benefit to the
migratory bird resource, important research reasons, reasons of human
concern for individual birds, or other compelling justification.
(a) Permit requirement. A special purpose permit is required before
any person may lawfully take, salvage, otherwise acquire, transport, or
possess migratory birds, their parts, nests, or eggs for any purpose not
covered by the standard form permits of this part. In addition, a
special purpose permit is required before any person may sell, purchase,
or barter captive-bred, migratory game birds, other than waterfowl, that
are marked in compliance with Sec. 21.13(b) of this part.
(b) Application procedures. Submit application for special purpose
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
(1) A detailed statement describing the project or activity which
requires issuance of a permit, purpose of such project or activity, and
a delineation of the area in which it will be conducted. (Copies of
supporting documents, research proposals, and any necessary State
permits should accompany the application);
(2) Numbers and species of migratory birds involved where same can
reasonably be determined in advance; and
(3) Statement of disposition which will be made of migratory birds
involved in the permit activity.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, special purpose
permits shall be subject to the following conditions:
(1) Permittees shall maintain adequate records describing the
conduct of the permitted activity, the numbers and species of migratory
birds acquired and disposed of under the permit, and inventorying and
identifying all migratory birds held on December 31 of each calendar
year. Records shall be maintained at the address listed on the permit;
shall be in, or reproducible in English; and shall be available for
inspection by Service personnel during regular business hours. A
permittee may be required by the conditions of the permit to file with
the issuing office an annual report of operation. Annual reports, if
required, shall be filed no later than January 31 of the calendar year
followng the year for which the report is required. Reports, if
required, shall describe permitted activities, numbers and species of
migratory birds acquired and disposed of, and shall inventory and
describe all migratory birds possessed under the special purpose permit
on December 31 of the reporting year.
[[Page 62]]
(2) Permittees shall make such other reports as may be requested by
the issuing officer.
(3) All live, captive-bred, migratory game birds possessed under
authority of a valid special purpose permit shall be physically marked
as defined in Sec. 21.13(b) of this part.
(4) No captive-bred migratory game bird may be sold or bartered
unless marked in accordance with Sec. 21.13(b) of this part.
(5) No permittee may take, purchase, receive or otherwise acquire,
sell, barter, transfer, or otherwise dispose of any captive-bred
migratory game bird unless such permittee submits a Service form 3-186A
(Migratory Bird Acquisition/Disposition Report), completed in accordance
with the instructions on the form, to the issuing office within five (5)
days of such transaction.
(6) No permittee, who is authorized to sell or barter migratory game
birds pursuant to a permit issued under this section, may sell or barter
such birds to any person unless that person is authorized to purchase
and possess such migratory game birds under a permit issued pursuant to
this part and part 13, or as permitted by regulations in this part.
(d) Term of permit. A special purpose permit issued or renewed under
this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63
FR 52637, Oct. 1, 1998]
Sec. 21.28 Falconry permits.
(a) Permit requirements. A falconry permit is required before any
person may take, possess, transport, sell, purchase, barter, offer to
sell, purchase, or barter raptors for falconry purposes.
(b) Application procedures. (1) An applicant who wishes to practice
falconry in a State listed in Sec. 21.29(k) of this part and which has
been designated as a participant in a cooperative Federal/State permit
application program may submit an application for a falconry permit to
the appropriate agency of that State. Each such application must
incorporate a completed official form approved by the Service and must
include in addition to the general information required by part 13 of
this subchapter all of the following:
(i) The number of raptors the applicant possesses at the time the
application is submitted, including the species, age (if known), sex (if
known), date of acquisition, and source of each;
(ii) A check or money order made payable to ``U.S. Fish and Wildlife
Service'' in the amount of the application fee listed in Sec. 13.11(d)
of this subchapter.
(iii) An original, signed certification concerning the validity of
the information provided in the application in the form set forth in
Sec. 13.12(a)(5).
(iv) Any additional information requested by the State to which the
application is submitted.
(2) Upon receipt of a joint application by a State listed in Sec.
21.29(k) as a participant in a cooperative Federal/State permit
application program, the State will process the application for a State
falconry permit in accordance with its own procedures. A copy of the
application, the check or money order for Federal permit fees, and the
original, signed certification required by paragraph (b)(1)(iii) of this
section will be forwarded to the issuing office of the Service
designated by Sec. 13.11(b) of this subchapter. If the State decides to
issue a falconry permit based upon the application, a copy of the permit
will also be forwarded to the appropriate issuing office of the Service.
(3) An applicant who wishes to practice falconry in a State listed
in Sec. 21.29(k) of this subchapter, but which does not participate in a
cooperative Federal/State permit application program must submit a
written application for a falconry permit to the issuing office
designated by Sec. 13.11(b) of this subchapter. Each application must
contain the general information and certification required by Sec.
13.12(a) of this subchapter plus a copy of a valid State falconry permit
issued to the applicant by a State listed in Sec. 21.19(k) of this
subchapter.
(c) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (b) of this section that meets all
requirements of this part, the Director will issue a permit. In addition
to meeting the general criteria in
[[Page 63]]
Sec. 13.21(b), the applicant must have a valid State falconry permit
issued by a State listed in Sec. 21.29(k) of this subchapter.
(d) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to the following special conditions:
(1) A permittee may not take, transport, or possess a golden eagle
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of
this subchapter.
(2) A permit issued under this section is not valid unless the
permittee has a valid State falconry permit issued by a State listed in
Sec. 21.29(k) of this subchapter.
(3) A permittee may not take, possess, transport, sell, purchase,
barter, or transfer any raptor for falconry purposes except under
authority of a Federal falconry permit issued under this section and in
compliance with the Federal falconry standards set forth in Sec. 21.29
of this subchapter.
(4) No permittee may take, purchase, receive, or otherwise acquire,
sell, barter, transfer, or otherwise dispose of any raptor unless such
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition
Report), completed in accordance with the instructions on the form, to
the issuing office within five (5) calendar days of any such
transaction.
(5) No raptor may be possessed under authority of a falconry permit
unless the permittee has a properly completed form 3-186A (Migratory
Bird Acquisition/Disposition Report) for each bird possessed, except as
provided in paragraph (d)(4) of this section.
(6) A raptor possessed under authority of a falconry permit may be
temporarily held by a person other than the permittee for maintenance
and care for a period not to exceed thirty (30) days. The raptor must be
accompanied at all times by a properly completed form 3-186A (Migratory
Bird Acquisition/Disposition Report) designating the person caring for
the raptor as the possessor of record and by a signed, dated statement
from the permittee authorizing the temporary possession.
(7) A permittee may not take, possess, or transport any peregrine
falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk
(Parabuteo unicinctus) unless such bird is banded either by a seamless
numbered band provided by the Service or by a permanent, non-reusable
band provided by the Service.
(i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild
must be reported to the issuing office within five (5) days of taking
and must be banded with a permanent, non-reusable band provided by the
Service. No raptor removed from the wild may be banded with a seamless
numbered band.
(ii) The loss or removal of any band must be reported to the issuing
office within five (5) working days of the loss. The lost band must be
replaced by a permanent, non-reusable band supplied by the Service. A
form 3-186A (Migratory Bird Acquisition/Disposition Report) must be
filed in accordance with paragraph (d)(4) of this section reporting the
loss of the band and rebanding.
(8) A permittee may not sell, purchase, barter, or offer to sell,
purchase or barter any raptor unless the raptor is marked on the
metatarsus by a seamless, numbered band supplied by the Service.
(9) A permittee may not propagate raptors without prior acquisition
of a valid raptor propagation permit issued under section 21.30 of this
subchapter.
(e) Term of permit. A falconry permit issued or renewed under this
part expires on the date designated on the face of the permit unless
amended or revoked, but the term of the permit shall not exceed three
(3) years from the date of issuance or renewal.
[54 FR 38152, Sept. 14, 1989]
Sec. 21.29 Federal falconry standards.
(a) Before you can practice falconry in any State. You cannot take,
possess, transport, sell, purchase, barter, or offer to sell, purchase,
or barter any raptor for falconry purposes, in any State unless the
State allows the practice of falconry, and the State has submitted
copies of its laws and regulations governing the practice of falconry to
us (Director), and we have determined that they meet or exceed the
Federal falconry standards established
[[Page 64]]
in this section. If you are a Federal falconry permittee, you can
possess and transport for falconry purposes a lawfully possessed raptor
through States that do not allow falconry or meet Federal falconry
standards so long as the raptors remain in transit in interstate
commerce. The States that are in compliance with Federal falconry
standards are listed in paragraph (k) of this section.
(b) More restrictive State laws. Nothing in this section shall be
construed to prevent a State from making and enforcing laws or
regulations not inconsistent with the standards contained in any
convention between the United States and any foreign country for the
protection of raptors or with the Migratory Bird Treaty Act, and which
shall give further protection to raptors.
(c) What is the process for Federal approval of a State program? Any
State that wishes to allow the practice of falconry must submit to the
Director of the Service a copy of the laws and regulations that govern
the practice of falconry in the State. If we determine that they meet or
exceed the Federal standards, which are established by this section, we
will publish a notice in the Federal Register adding the State to the
list of approved States in paragraph (k) of this section. Any State that
was listed in paragraph (k) prior to September 14, 1989, is considered
to be in compliance with our standards.
(d) Permit. State laws or regulations shall provide that a valid
State falconry permit from either that State or another State meeting
Federal falconry standards and listed in paragraph (k) of this section
is required before any person may take, possess, or transport a raptor
for falconry purposes or practice falconry in that State.
(e) Classes of permits. States may have any number of classes of
falconry permits provided the standards are not less restrictive than
the following:
(1) Apprentice (or equivalent) class. (i) Permittee shall be at
least 14 years old;
(ii) A sponsor who is a holder of a General or Master Falconry
Permit or equivalent class is required for the first two years in which
an apprentice permit is held, regardless of the age of the permittee. A
sponsor may not have more than three apprentices at any one time;
(iii) Permittee shall not possess more than one raptor and may not
obtain more than one raptor for replacement during any 12-month period;
and
(iv) Permittee shall possess only the following raptors which must
be taken from the wild: an American kestrel (Falco sparverius), a red-
tailed hawk (Buteo jamaicensis), a red-shouldered hawk (Buteo lineatus),
or, in Alaska only, a goshawk (Accipiter gentilis).
(2) General (or equivalent) class. (i) A permittee shall be at least
18 years old;
(ii) A permittee shall have at least two years experience in the
practice of falconry at the apprentice level or its equivalent;
(iii) A permittee may not possess more than two raptors and may not
obtain more than two raptors for replacement birds during any 12-month
period; and
(iv) A permittee may not take, transport, or possess any golden
eagle or any species listed as threatened or endangered in part 17 of
this subchapter.
(3) Master (or equivalent) class. (i) An applicant shall have at
least five years experience in the practice of falconry at the general
class level or its equivalent.
(ii) A permittee may not possess more than three raptors and may not
obtain more than two raptors taken from the wild for replacement birds
during any 12-month period;
(iii) A permittee may not take any species listed as endangered in
part 17 of this chapter, but may transport or possess such species in
accordance with part 17 of this chapter.
(iv) A permittee may not take, transport, or possess any golden
eagle for falconry purposes unless authorized in writing under Sec.
22.24 of this subchapter;
(v) A permittee may not take, in any twelve (12) month period, as
part of the three-bird limitation, more than one raptor listed as
threatened in part 17 of this chapter, and then only in accordance with
part 17 of this chapter.
(f) Examination. State laws or regulations shall provide that before
any
[[Page 65]]
State falconry permit is issued the applicant shall be required to
answer correctly at least 80 percent of the questions on a supervised
examination provided or approved by the Service and administered by the
State, relating to basic biology, care, and handling of raptors,
literature, laws, regulations or other appropriate subject matter.
(g) Facilities and equipment. Statelaws or regulations shall provide
that before a State falconry permit is issued the applicant's raptor
housing facilities and falconry equipment shall be inspected and
certified by a representative of the State wildlife department as
meeting the following standards:
(1) Facilities. The primary consideration for raptor housing
facilities whether indoors (mews) or outdoors (weathering area) is
protection from the environment, predators, or undue disturbance. The
applicant shall have the following facilities, except that depending
upon climatic conditions, the issuing authority may require only one of
the facilities described below.
(i) Indoor facilities (mews) shall be large enough to allow easy
access for caring for the raptors housed in the facility. If more than
one raptor is to be kept in the mews, the raptors shall be tethered or
separated by partitions and the area for each bird shall be large enough
to allow the bird to fully extend its wings. There shall be at least one
window, protected on the inside by vertical bars, spaced narrower than
the width of the bird's body, and a secure door that can be easily
closed. The floor of the mews shall permit easy cleaning and shall be
well drained. Adequate perches shall be provided.
(ii) Outdoor facilities (weathering area) shall be fenced and
covered with netting or wire, or roofed to protect the birds from
disturbance and attack by predators except that perches more than 6\1/2\
feet high need not be covered or roofed. The enclosed area shall be
large enough to insure the birds cannot strike the fence when flying
from the perch. Protection from excessive sun, wind, and inclement
weather shall be provided for each bird. Adequate perches shall be
provided.
(2) Equipment. The following items shall be in the possession of the
applicant before he can obtain a permit or license:
(i) Jesses--At least 1 pair of Alymeri jesses or similar type
constructed of pliable, high-quality leather or suitable synthetic
material to be used when any raptor is flown free. (Traditional 1-piece
jesses may be used on raptors when not being flown.);
(ii) Leashes and swivels--At least 1 flexible, weather-resistant
leash and 1 strong swivel of acceptable falconry design;
(iii) Bath container--At least 1 suitable container, 2 to 6 inches
deep and wider than the length of the raptor, for drinking and bathing
for each raptor;
(iv) Outdoor perches--At least 1 weathering area perch of an
acceptable design shall be provided for each raptor; and
(v) Weighing device--A reliable scale or balance suitable for
weighing the raptor(s) held and graduated to increments of not more than
\1/2\ ounce (15 gram) shall be provided.
(3) Maintenance. All facilities and equipment shall be kept at or
above the preceding standards at all times.
(4) Transportation; temporary holding. A raptor may be transported
or held in temporary facilities which shall be provided with an adequate
perch and protected from extreme temperatures and excessive disturbance,
for a period not to exceed 30 days.
(h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon
(Falco rusticolus), and Harris hawk (Parabuteo unicinctus) possessed for
falconry purposes must be marked in accordance with the following
provisions:
(1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive
bred raptor lawfully marked by a numbered, seamless band issued by the
Service, must be banded with a permanent, non-reusable, numbered band
issued by the Service.
(2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco
rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for
falconry purposes must be banded at all times in accordance with these
standards. Loss or removal of any band must be reported to the issuing
office within five (5) working days of the loss and must be replaced
[[Page 66]]
with a permanent, non-reusable, numbered band supplied by the Service.
(i) Taking restrictions. State laws or regulations shall provide the
following restrictions on the taking of raptors from the wild:
(1) Young birds not yet capable of flight (eyasses) may only be
taken by a General or Master Falconer during the period specified by the
State and no more than two eyasses may be taken by the same permittee
during the specified period.
(2) First-year (passage) birds may be taken only during the period
specified by the State;
(3) In no case shall the total of all periods of taking of eyasses
or passage birds exceed 180 days during a calendar year, except that a
marked raptor may be retrapped at any time; and
(4) Only American kestrels (Falcosparverius) and great-horned owls
(Bubo virginianus) may be taken when over one year old, except that any
raptor other than endangered or threatened species taken under a
depredation (or special purpose) permit may be used for falconry by
General and Master falconers.
(j) Other restrictions. State laws or regulations shall provide the
following restrictions or conditions:
(1) A person who possesses a lawfully acquired raptor before the
enactment of these regulations and who fails to meet the permit
requirements shall be allowed to retain the raptors. All such birds
shall be identified with markers supplied by the Service and cannot be
replaced if death, loss, release, or escape occurs.
(2) If you possessed raptors before January 15, 1976, the date these
regulations were enacted, and you had more than the number allowed under
your permit, you may retain the extra raptors. However, each of those
birds must be identified with markers we supplied, and you cannot
replace any birds, nor can you obtain any additional raptors, until the
number in your possession is at least one fewer than the total number
authorized by the class of permit you hold.
(3) A falconry permit holder shall obtain written authorization from
the appropriate State wildlife department before any species not
indigenous to that State is intentionally released to the wild, at which
time the marker from the released bird shall be removed and surrendered
to the State wildlife department. The marker from an intentionally
released bird which is indigenous to that State shall also be removed
and surrendered to the State wildlife department. A standard Federal
bird band shall be attached to such birds by the State or Service-
authorized Federal bird bander whenever possible.
(4) A raptor possessed under authority of a falconry permit may be
temporarily held by a person other than the permittee only if that
person is otherwise authorized to possess raptors, and only if the
raptor is accompanied at all times by the properly completed form 3-186A
(Migratory Bird Acquisition/Disposition Report) designating the
permittee as the possessor of record and by a signed, dated statement
from the permittee authorizing the temporary possession.
(5) Feathers that are molted or those feathers from birds held in
captivity that die, may be retained and exchanged by permittees only for
imping purposes.
(k) States meeting Federal falconry standards. We have determined
that the following States meet or exceed the minimum Federal falconry
standards established in this section for regulating the taking,
possession, and transportation of raptors for the purpose of falconry.
The States that are participants in a cooperative Federal/State permit
system are designated by an asterisk (*).
*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado,
*Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa,
*Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts,
*Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska,
*Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode
Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah,
[[Page 67]]
*Vermont, *Virginia, *Washington, West Virginia, *Wisconsin, *Wyoming.
[41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42
FR 42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14,
1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec. 8, 1978; 45 FR 25066,
Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48
FR 42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar.
10, 1994; 64 FR 48566, Sept. 7, 1999; 65 FR 49509, Aug. 14, 2000]
Sec. 21.30 Raptor propagation permits.
(a) Permit requirement. A raptor propagation permit is required
before any person may take, possess, transport, import, purchase,
barter, or offer to sell, purchase, or barter any raptor, raptor egg, or
raptor semen for propagation purposes.
(b) Application procedures. Submit application for raptor
propagation permits to the appropriate Regional Director (Attention:
Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and the following additional information:
(1) A statement indicating the purpose(s) for which a raptor
propagation permit is sought and, where applicable, the scientific or
educational objectives of the applicant;
(2) A statement indicating whether the applicant has been issued a
State permit authorizing raptor propagation (include name of State,
permit number, and expiration date);
(3) A statement fully describing the nature and extent of the
applicant's experience with raptor propagation or handling raptors;
(4) A description of each raptor the applicant possesses or will
acquire for propagation purposes to include the species, age (if known),
sex (if known), date of acquisition, source, and raptor marker number;
(5) A description of each raptor the applicant possesses for
purposes other than raptor propagation to include the species, age (if
known), sex (if known), date of acquisition, source, raptor marker
number, and purpose for which it is possessed;
(6) A description and photographs of the facilities and equipment to
be used by the applicant including the dimensions of any structures
intended for housing the birds;
(7) A statement indicating whether the applicant requests authority
to take raptors or raptor eggs from the wild.
(c) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (b) of this section, the Director will decide
whether a permit should be issued. In making this decision, the Director
shall consider, in addition to the general criteria in Sec. 13.21(b) of
this chapter, the following factors:
(1) Whether an applicant's raptor propagation facilities are
adequate for the number and species of raptors to be held under the
permit.
(2) Whether propagation is authorized by the State in which the
propagation will occur, and if authorized, whether the applicant has any
required State propagation permit.
(3) Whether the applicant is at least 18 years old with a minimum of
2 years experience handling raptors, and if the applicant requests
authority to propagate endangered or threatened species, whether the
applicant is at least 23 years old with a minimum of 7 years experience
handling raptors.
(4) If the applicant requests authority to take raptors or raptor
eggs from the wild:
(i) Whether issuance of the permit would have a significant effect
on any wild population of raptors;
(ii) Whether suitable captive stock is available; and
(iii) Whether wild stock is needed to enhance the genetic
variability of captive stock.
(d) Additional permit conditions. In addition to the general
conditions found in part 13 of this chapter, raptor propagation permits
are subject to the following additional conditions:
(1) Facilities. Any tethered raptor possessed under this permit must
be maintained in accordance with the Federal falconry standards for
``facilities and equipment'' described in Sec. 21.29(g), unless a
specific exception in writing is obtained. For untethered raptors, the
breeding facilities must be soundly constructed and entirely enclosed
with wood, wire netting, or other suitable material which provides a
safe, health,
[[Page 68]]
environment. The design of such facilities and ancillary equipment must:
(i) Minimize the risk of injury by providing protection from
predators, disturbances that would likely cause harm, extreme weather
conditions, and collision with interior or perimeter construction
materials and equipment such as support poles, windows, wire netting,
perches, or lights;
(ii) Enhance sanitation by providing a well-drained floor, fresh air
ventilation, source of light, fresh water for bathing and drinking,
access for cleaning, and interior construction materials suitable for
thorough cleaning or disinfection; and
(iii) Enhance the welfare and breeding success of the raptors by
providing suitable perches, nesting and feeding sites, and observation
ports or inspection windows during times when disturbance is felt to be
undesirable.
(2) Incubation of eggs. Each permittee must notify the Director in
writing within 5 days from the day the first egg is laid by any raptor
held under a raptor propagation permit, but notice is not required more
often than once every 60 days.
(3) Marking requirement. Unless otherwise specifically exempted,
every raptor possessed for propagation, including all progeny produced
pursuant to the permitted activity, must be banded in accordance with
the following provisions:
(i) Except for captive-bred raptors lawfully marked with a seamless,
numbered band provided by the Service, any raptor possessed for
propagation purposes shall be banded with a permanent, non-reusable,
numbered band issued by the Service.
(ii) Unless specifically exempted by the conditions of the raptor
propagation permit, each captive-bred raptor produced under authority of
a raptor propagation permit shall be banded within two (2) weeks of
hatching with a numbered, seamless band provided by the Service, placed
on the raptor's leg (metatarsus). In marking captive-bred raptors,
permittees:
(A) Shall use a band with an opening (inside diameter) which is
small enough to prevent its removal when the raptor is fully grown
without causing serious injury to the raptor or damaging the bands
integrity or one-piece construction;
(B) May band a raptor with more than one size band when the
potential diameter of the raptor's leg at maturity cannot be determined
at the time of banding;
(C) Shall remove all but one band from any raptor with more than one
band before the raptor is five (5) weeks of age and return all bands
removed to the issuing office.
(iii) No raptor taken from the wild, produced from an egg taken from
the wild, or produced from an egg from any source other than bred in
captivity under authority of a raptor propagation permit may be banded
with a numbered seamless band issued by the Service.
(iv) No permittee under this section may band any raptor with any
band issued or authorized by the Service unless that raptor is lawfully
possessed by the permittee.
(4) Taking Raptors or Raptor Eggs from the Wild. Any permit
authorizing the permittee to take raptors or raptor eggs from the wild
for propagation purposes is subject to the following additional
restrictions:
(i) The State or foreign country in which the raptors or raptor eggs
are taken must authorize the permittee in writing to take raptors or
raptor eggs from the wild for propagation purposes;
(ii) No raptor listed in Sec. 17.11 of this chapter as
``endangered'' or ``threatened'' may be taken from the wild without
first obtaining the proper permit under part 17 of this chapter; and
(iii) No raptor or raptor egg may be taken from the wild except in
accordance with State law.
(5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or
raptor semen. (i) A permittee may transfer any lawfully possessed
raptor, raptor egg, or raptor semen to another permittee or transfer any
raptor to a falconer who holds a valid State falconry permit if no money
or other consideration is involved.
(ii) A permittee may transfer, purchase, sell, or barter any raptor
which is banded with a numbered seamless marker provided or authorized
by the Service, subject to the following conditions:
[[Page 69]]
(A) When the permittee purchases from, sells to, or barters with any
person in the U.S., that person must be authorized under this part to
purchase, sell, or barter captive-bred raptors;
(B) When the permittee purchases from or barters with any person in
a foreign country, that person must be authorized by the competent
wildlife management authority of the foreign country in which the
transaction occurs to sell or barter captive-bred raptors; and
(C) When the permittee transfers to, sells to or barters with any
person in a foreign country, that person must be authorized to possess,
purchase or barter captive-bred raptors by the competent wildlife
management authority of his/her country of residence or domicile and the
same wildlife management authority must certify in writing that the
recipient is an experienced falconer or raptor propagator who is
required to maintain any raptors in his/her possession under conditions
that are comparable to the conditions under which a permittee must
maintain raptors under Sec. 21.29 or Sec. 21.30. No certification is
required if the competent wildlife management authority itself is the
recipient of captive-bred raptors for conservation purposes.
(iii) No raptor may be traded, transferred, purchased, sold, or
bartered until it is two weeks old and only after it is properly banded
with a nonreuseable marker provided or authorized by the Service, unless
it is transferred, sold, or bartered to a State or Federal wildlife
management agency for conservation purposes.
(iv) A permittee may purchase, sell, or barter semen collected from
any captive-bred raptor.
(v) A permittee may not purchase, sell or barter any raptor eggs,
any raptors taken from the wild, any raptor semen collected from the
wild, or any raptors hatched from eggs taken from the wild.
(6) Use of Service form 3-186A. No permittee may take, purchase,
receive, or otherwise acquire, sell, trade, barter, transfer, or
otherwise dispose of any raptor unless such permittee submits a form 3-
186A (Migratory Bird Acquisition/Disposition Report), completed in
accordance with the instructions on the form, to the issuing office
within five (5) calendar days of any such transfer. Provided, that a
permittee does not have to submit a form 3-186A (Migratory Bird
Acquisition/Disposition Report) to report the acquisition raptors
hatched from eggs produced as a result of the permittee's propagation
activities as long as these raptors remain in the possession of the
permittee.
(7) Documentation of lawful possession. No raptor may be possessed
under authority of a raptor propagation permit unless the permittee has
a properly completed form 3-186A (Migratory Bird Acquisition/Disposition
Report) for each bird possessed, except as provided in paragraph (d)(5)
of this section.
(8) Temporary possession. A raptor possessed under authority of a
raptor propagation permit may be temporarily held by a person other than
the permittee only if that person is otherwise authorized to possess
raptors, and only if the raptor is accompanied at all times by the
properly completed form 3-186A (Migratory Bird Acquisition/Disposition
Report) designating the permittee as the possessor of record and by a
signed, dated statement from the permittee authorizing the temporary
possession.
(9) Sale, purchase, barter. A permittee may not sell, purchase,
barter, or offer to sell, purchase, or barter any raptor unless the
raptor is marked on the metatarsus by a seamless, numbered band supplied
by the Service.
(10) Transfer to another. A permittee may not receive or otherwise
acquire from, may not transfer or otherwise dispose of to, and may not
loan to or temporarily place with another person any raptor unless that
person is authorized to acquire, possess, and dispose of such raptors
under a valid permit issued pursuant to this part and part 13 or as
permitted by regulations in this part.
(11) Use in falconry. A permittee may use a raptor possessed for
propagation in the sport of falconry only if such use is designated in
both the propagation permit and the permittee's falconry permit.
(12) Interspecific hybridization. Hybridization between species
(interspecific hybridization) is authorized only if
[[Page 70]]
each raptor produced by interspecific hybridization is either imprinted
on humans (hand-raised in isolation from the sight of other raptors from
two weeks of age until it is fully feathered) or surgically sterilized.
(13) Possession of dead raptors, non-viable eggs, nests, and
feathers. (i) Upon the death of any raptor held under permit, a
permittee must remove the marker and immediately return it to the
Director. The carcass must be destroyed immediately, unless the
permittee requests authorization from the Director to retain possession
of it. A permittee who has obtained written authorization from the
Director to retain possession of the carcass may transfer it to any
other person authorized by the Service to possess it, provided no money
or other consideration is involved.
(ii) A permittee may possess addled or blown eggs, nests, and
feathers from raptors held under permit and may transfer any of these
items to any other person authorized by the Service to possess them
provided no money or other consideration is involved.
(14) Intentional release to the wild. (i) A permittee must obtain
written authorization from the Director and the Director of the wildlife
conservation department of the State in which release to the wild is
proposed before intentionally releasing any raptor to the wild. The
raptor marker must be removed from each bird and immediately returned to
the Director. A Federal bird band must be attached to each raptor by a
person designated by the Director before its release.
(ii) No raptor produced by interspecific hybridization may be
intentionally released to the wild.
(15) Recordkeeping. A permittee must maintain complete and accurate
records of all operations, to include the following:
(i) Acquisition of raptors, eggs, or semen from sources other than
production.
(A) Description of stock:
(1) Species, sex, age of each (if applicable),
(2) Genotype-natal area (geographical breeding site or area that
captive stock represents, e.g., Colville River, Alaska; unknown; migrant
taken in Maryland, etc.), and
(3) Marker number (if applicable).
(B) Type of stock (including number or amount):
(1) Semen,
(2) Egg, or
(3) Bird.
(C) How acquired:
(1) Purchase, barter, or transfer (include the purchase price or a
description of any other consideration involved), or
(2) Taken from the wild.
(D) Date acquired: month, day, and year.
(E) From whom or where stock acquired:
(1) Name, address, and permit number of seller, barterer, or
transferor; or
(2) Location where stock taken from the wild.
(ii) Disposition of raptors, eggs, or semen.
(A) Description of stock:
(1) Species, sex, age of each (if applicable),
(2) Genotype-natal area (geographical breeding site or area that
captive stock represents, e.g., Colville River, Alaska; unknown; migrant
taken in Maryland, etc.), and
(3) Marker number (if applicable).
(B) Type of stock (including number or amount):
(1) Semen,
(2) Egg, or
(3) Bird.
(C) Manner of disposition:
(1) Sale, barter, or transfer (include the sale price or a
description of any other consideration involved),
(2) Live loss,
(3) Intentional release to the wild, or
(4) Death.
(D) Date of disposition: month, day, and year.
(E) To whom or where stock disposed:
(1) Name, address, and permit number of purchaser, barterer, or
transferee, or
(2) Description and location of other disposition.
(iii) Production and pedigree record.
(A) Mother and father(s):
(1) Species,
(2) Genotype-natal area, and
(3) Marker number.
(B) Insemination:
[[Page 71]]
(1) Natural,
(2) Artificial, or
(3) Combined.
(C) Eggs laid:
(1) Total,
(2) First date, and
(3) Last date.
(D) Eggs hatched:
(1) Total,
(2) First date, and
(3) Last date.
(E) Young raised to 2 weeks of age:
(1) Total produced, and
(2) Marker number and date marked for each raptor.
(16) Annual report. A permittee must submit an annual report by
January 31 of each year for the preceding year to the Director. The
report must include the following information for each species possessed
by the permittee:
(i) Number of raptors possessed as of December 31 (including the
species, marker number, sex, and age of each raptor).
(ii) Number of females laying eggs.
(iii) Number of eggs laid.
(iv) Number of eggs hatched.
(v) Number of young raised to 2 weeks of age.
(vi) Number of raptors purchased, sold, bartered, received, or
transferred (including the species, marker number, sex, and age of each
raptor) the date of the transaction, and the name, address and permit
number of each purchaser, seller, barterer, transferor, or transferee.
(e) Term of permit. A raptor propagation permit issued or renewed
under this part expires on the date designated on the face of the permit
unless amended or revoked, but the term of the permit shall not exceed
three (3) years from the date of issuance or renewal.
[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54
FR 38154, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
Subpart D--Control of Depredating Birds
Sec. 21.41 Depredation permits.
(a) Permit requirement. Except as provided in Sec.Sec. 21.42 through
21.46, a depredation permit is required before any person may take,
possess, or transport migratory birds for depredation control purposes.
No permit is required merely to scare or herd depredating migratory
birds other than endangered or threatened species or bald or golden
eagles.
(b) Application procedures. Submit application for depredation
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
(1) A description of the area where depredations are occurring;
(2) The nature of the crops or other interests being injured;
(3) The extent of such injury; and
(4) The particular species of migratory birds committing the injury.
(c) Additional permit conditions. Inaddition to the general
conditions set forth in part 13 of this subchapter B, depredation
permits shall be subject to requires, in this section:
(1) Permittees may not kill migratory birds unless specifically
authorized on the permit.
(2) Unless otherwise specifically authorized, when permittees are
authorized to kill migratory birds they may do so only with a shotgun
not larger than No. 10 gauge fired from the shoulder, and only on or
over the threatened area or area described on the permit.
(3) Permittees may not use blinds, pits, or other means of
concealment, decoys, duck calls, or other devices to lure or entice
birds within gun range.
(4) All migratory birds killed shall be retrieved by the permittee
and turned over to a Bureau representative or his designee for
disposition to charitable or other worthy institutions for use as food,
or otherwise disposed of as provided by law.
(5) Only persons named on the permit are authorized to act as agents
of the permittee under authority of the permit.
(d) Tenure of permits. The tenure of depredation permits shall be
limited to the dates which appear on its face, but in no case shall be
longer than one year.
[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63
FR 52637, Oct. 1, 1998]
[[Page 72]]
Sec. 21.42 Authority to issue depredating orders to permit the killing of
migratory game birds.
Upon the receipt of evidence clearly showing that migratory game
birds have accumulated in such numbers in a particular area as to cause
or about to cause serious damage to agricultural, horticultural, and
fish cultural interests, the Director is authorized to issue by
publication in the Federal Register a depredation order to permit the
killing of such birds under the following conditions:
(a) That such birds may only be killed by shooting with a shotgun
not larger than No. 10 gauge fired from the shoulder, and only on or
over the threatened area or areas;
(b) That shooting shall be limited to such time as may be fixed by
the Director on the basis of all circumstances involved. If prior to
termination of the period fixed for such shooting, the Director receives
information that there no longer exists a serious threat to the area or
areas involved, he shall without delay cause to be published in the
Federal Register an order of revocation;
(c) That such migratory birds as are killed under the provisions of
any depredation order may be used for food or donated to public museums
or public scientific and educational institutions for exhibition,
scientific, or educational purposes, but shall not be sold, offered for
sale, bartered, or shipped for purpose of sale or barter, or be wantonly
wasted or destroyed: Provided, That any migratory game birds which
cannot be so utilized shall be disposed of as prescribed by the
Director;
(d) That any order issued pursuant to this section shall not
authorize the killing of the designated species of depredating birds
contrary to any State laws or regulations. The order shall specify that
it is issued as an emergency measure designed to relieve depredations
only and shall not be construed as opening, reopening, or extending any
open hunting season contrary to any regulations promulgated pursuant to
section 3 of the Migratory Bird Treaty Act.
Sec. 21.43 Depredation order for blackbirds, cowbirds, grackles, crows
and magpies.
A Federal permit shall not be required to control yellow-headed red-
winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows,
and magpies, when found committing or about to commit depredations upon
ornamental or shade trees, agricultural crops, livestock, or wildlife,
or when concentrated in such numbers and manner as to constitute a
health hazard or other nuisance: Provided:
(a) That none of the birds killed pursuant to this section, nor
their plumage, shall be sold or offered for sale, but may be possessed,
transported, and otherwise disposed of or utilized.
(b) That any person exercising any of the privileges granted by this
section shall permit at all reasonable times including during actual
operations, any Federal or State game or deputy game agent, warden,
protector, or other game law enforcement officer free and unrestricted
access over the premises on which such operations have been or are being
conducted; and shall furnish promptly to such officer whatever
information he may require, concerning said operations.
(c) That nothing in this section shall be construed to authorize the
killing of such birds contrary to any State laws or regulations; and
that none of the privileges granted under this section shall be
exercised unless the person possesses whatever permit as may be required
for such activities by the State concerned.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]
Sec. 21.44 Depredation order for designated species of depredating birds
in California.
In any county in California in which horned larks, golden-crowned,
white-crowned and other crowned sparrows, and house finches are, under
extraordinary conditions, seriously injurious to agricultural or other
interests, the Commissioner of Agriculture may, without a permit, kill
or cause to be killed under his/her general supervision such of the
above migratory birds as
[[Page 73]]
may be necessary to safeguard any agricultural or horticultural crop in
the county: Provided:
(a) That such migratory birds shall be killed only when necessary to
protect agricultural or horticultural crops from depredation; that none
of the above migratory birds killed, or the parts thereof, or the
plumage of such birds, shall be sold or removed from the area where
killed; but that all such dead migratory birds shall be buried or
otherwise destroyed within this area, except that any specimens needed
for scientific purposes, as determined by the State or the Director
shall not be destroyed.
(b) That any Commissioner of Agriculture exercising the privileges
granted by this section shall keep records of the persons authorized by
the Commissioner to kill such migratory birds, and the estimated number
of such birds killed pursuant to the exercise of his authority, and the
Commissioner shall submit a report thereof to the Director on or before
December 31 of each year or whenever the Director so requests.
[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55
FR 17352, Apr. 24, 1990]
Sec. 21.45 Depredation order for depredating purple gallinules in Louisiana.
Landowners, sharecroppers, tenants, or their employees or agents,
actually engaged in the production of rice in Louisiana, may, without a
permit, shoot purple gallinules (Ionornis martinica) when found
committing or about to commit serious depredations to growing rice crops
on the premises owned or occupied by such persons: Provided:
(a) That purple gallinules may only be killed pursuant to this
section between May 1 and August 15 in any year.
(b) That purple gallinules killed pursuant to this section shall not
be transported or sold or offered for sale except that, such
transportation within the area, as may be necessary to bury or otherwise
destroy the carcasses of such birds is permitted: Provided, That the
Director or the State agricultural department, college, or other public
institution may requisition such purple gallinules killed as may be
needed for scientific investigations: Provided further, That any purple
gallinules killed under authority of this section may also be donated to
charitable institutions for food purposes.
(c) That any person exercising any of the privileges granted by this
section shall permit at all reasonable times, including during actual
operations, any Federal or State game or deputy game agent, warden,
protector, or other game law enforcement officer free and unrestricted
access over the premises on which such operations have been or are being
conducted; and shall furnish promptly to such officer whatever
information he may require, concerning said operations.
(d) That nothing in this section shall be construed to authorize the
killing of such migratory birds contrary to any State laws or
regulations; and that none of the privileges granted under this section
shall be exercised unless the person possesses whatever permit as may be
required for such activities by the State of Louisiana.
(e) That any person authorized by this section to exercise the
privileges granted therein shall maintain records of the number of birds
killed on the premises and shall submit a report thereof, on or before
December 31 of each year, to the Director.
Sec. 21.46 Depredation order for depredating scrub jays and Steller's jays
in Washington and Oregon.
Landowners, sharecroppers, tenants, or their employees or agents
actually engaged in the production of nut crops in Washington and Oregon
may, without a permit, take scrub jays (Aphelocoma coerulescens) and
Steller's jays (Cyanocitta stelleri) when found committing or about to
commit serious depredations to nut crops on the premises owned or
occupied by such persons: Provided:
(a) That scrub jays and Steller's jays may only be taken pursuant to
this section between August 1 and December 1 in any year, in the
Washington counties of Clark, Cowlitz, and Lewis; and the Oregon
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk,
Washington, and Yamhill.
(b) That scrub jays and Steller's jays taken pursuant to this
section shall
[[Page 74]]
not be transported or sold or offered for sale except that, such
transportation within the area, as may be necessary to bury or otherwise
destroy the carcasses of such birds is permitted: Provided, That the
Director of the State agricultural department, college, or other public
institution may requisition such scrub jays and Steller's jays killed as
may be needed for scientific investigations.
(c) That such birds may be taken only by trapping or shooting and on
areas where serious depredations are being or are about to be committed.
(d) That any person exercising any of the privileges granted by this
section shall permit at all reasonable times, including during actual
operations, any Federal or State game or deputy game agent, warden,
protector, or other law enforcement officer free and unrestricted access
over the premises on which such operations have been or are being
conducted; and shall furnish promptly to such officer whatever
information he may require, concerning said operations.
(e) That nothing in this section shall be construed to authorize the
killing of such migratory birds contrary to any State laws or
regulations; and that none of the privileges granted under this section
shall be exercised unless the person possesses whatever permit as may be
required for such activities by the States of Washington and Oregon.
(f) That any person authorized by this section to exercise the
privileges granted therein shall maintain records of the number of birds
killed on the premises and shall submit a report thereof, on or before
December 31 of each year, to the appropriate Special Agent in Charge
(see Sec. 10.22 of this subchapter).
[39 FR 31326, Aug. 28, 1974]
Sec. 21.47 Depredation order for double-crested cormorants at aquaculture
facilities.
The Service examined the rule under the Paperwork Reduction Act of
1995 and found that it does contain information collection requirements.
OMB has issued the following emergency information collection number,
1018-0097, which expires on August 31, 1998. Information collection is
required to better enable the Service to assess the benefits of the
depredation order on aquaculturists and to assess impacts to the double-
crested cormorant population. Burden hours to aquaculturists are
calculated as follows: an average of 41 birds may be taken by each of
some 2,200 aquaculturists per season. An estimated total of 800 hours
will be required to keep and maintain the monthly logs, and produce the
logs for inspection, yielding an average of 22 minutes per
aquaculturists per year. Landowners, operators, and tenants actually
engaged in the production of commercial freshwater aquaculture stocks
(or their employees or agents) in the States of Alabama, Arkansas,
Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North
Carolina, Oklahoma, South Carolina, Tennessee, and Texas may, without a
Federal permit, take double-crested cormorants (Phalacrocorax auritus)
when found committing or about to commit depredations to aquaculture
stocks on the premises used for the production of such stocks: Provided
that:
(a) Double-crested cormorants may be taken by shooting during
daylight hours only, and only when necessary to protect freshwater
commercial aquaculture and State-operated hatchery stocks from
depredation; none of the birds so taken may be sold; and all dead birds
must be buried or incinerated, except that any specimens needed for
scientific purposes as determined by the Director must not be destroyed,
and information on birds carrying metal leg bands may be submitted to
the Bird Banding Laboratory by means of a toll-free telephone number at
1-800-327-BAND (or 2263).
(b) Double-crested cormorants may be shot at freshwater commercial
aquaculture facilities or State-operated hatcheries only in conjunction
with an established non-lethal harassment program as certified by
officials of the Wildlife Services' program of the U.S. Department of
Agriculture's Animal and Plant Health Inspection Service.
(c) Double-crested cormorants may be taken with firearms only within
the boundaries of freshwater commercial aquaculture facilities or State-
operated hatcheries, and persons using
[[Page 75]]
shotguns are required to use nontoxic shot.
(d) Persons operating under the provisions of this section may use
decoys, taped calls, or other devices to lure birds committing or about
to commit depredations within gun range.
(e) Any person exercising the privileges of this section must keep
and maintain a log recording the date and number of all birds killed
each month under this authorization, that the log must be maintained for
a period of three years (and that three previous years of takings must
be maintained at all times thereafter), that the log and any related
records be made available to Federal or State wildlife enforcement
officers upon request during normal business hours.
(f) Nothing in this section authorizes the killing of double-crested
cormorants contrary to the laws or regulations of any State, and none of
the privileges of this section may be exercised unless the person
possesses the appropriate State permits, when required; nor the killing
of any migratory bird species other than double-crested cormorants when
committing or about to commit depredations to aquaculture stocks.
(g) The authority granted in this section will automatically expire
on April 30, 2005, unless revoked or specifically extended prior to that
date.
[63 FR 10560, Mar. 4, 1998]
Subpart E--Control of Overabundant Migratory Bird Populations
Sec. 21.60 Conservation order for mid-continent light geese.
(a) Which waterfowl species are covered by this order? This
conservation order addresses management of lesser snow (Anser c.
caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and
winter in the mid-continent portion of North America, primarily in the
Central and Mississippi Flyways (mid-continent light geese).
(b) In what areas can the conservation order be implemented? (1) The
following States, or portions of States, that are contained within the
boundaries of the Central and Mississippi Flyways: Alabama, Arkansas,
Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New
Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas,
Wisconsin, and Wyoming.
(2) Tribal lands within the geographic boundaries in paragraph
(b)(1) of this section.
(3) The following areas within the boundaries in paragraph (b)(1) of
this section are closed to the conservation order after 10 March of each
year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache
National Wildlife Refuge (NM); the area within 5 miles of the Platte
River from Lexington, Nebraska to Grand Island, Nebraska; the following
area in and around Aransas National Wildlife Refuge; those portions of
Refugio, Calhoun, and Aransas counties that lie inside a line extending
from 5 nautical miles offshore to and including Pelican Island, thence
to Port O'Conner, thence northwest along State Highway 185 and southwest
along State Highway 35 to Aransas Pass, thence southeast along State
Highway 361 to Port Aransas, thence east along the Corpus Christi
Channel, thence southeast along the Aransas Channel, extending to 5
nautical miles offshore; except that it is lawful to take mid-continent
light geese after 10 March of each year within the Guadalupe WMA. If at
any time we receive evidence that a need to close the areas in this
paragraph (b)(3) no longer exists, we will publish a proposal to remove
the closures in the Federal Register.
(c) What is required in order for State/Tribal governments to
participate in the conservation order? Any State or Tribal government
responsible for the management of wildlife and migratory birds may,
without permit, kill or cause to be killed under its general
supervision, mid-continent light geese under the following conditions:
(1) Activities conducted under this section may not affect
endangered or threatened species as designated under the Endangered
Species Act.
(2) Control activities must be conducted clearly as such and are
intended to relieve pressures on migratory birds and habitat essential
to migratory bird
[[Page 76]]
populations only and are not to be construed as opening, re-opening, or
extending any open hunting season contrary to any regulations
promulgated under section 3 of the Migratory Bird Treaty Act.
(3) Control activities may be conducted only when all waterfowl and
crane hunting seasons, excluding falconry, are closed.
(4) Control measures employed through this section may be
implemented only between the hours of one-half hour before sunrise to
one-half hour after sunset.
(5) Nothing in this section may limit or initiate management actions
on Federal land without concurrence of the Federal Agency with
jurisdiction.
(6) States and Tribes must designate participants who must operate
under the conditions of this section.
(7) States and Tribes must inform participants of the requirements/
conditions of this section that apply.
(8) States and Tribes must keep records of activities carried out
under the authority of this section, including the number of mid-
continent light geese taken under this section, the methods by which
they were taken, and the dates they were taken. The States and Tribes
must submit an annual report summarizing activities conducted under this
section on or before August 30 of each year, to the Chief, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--
ARLSQ, 1849 C Street NW., Washington, DC 20240.
(d) What is required in order for individuals to participate in the
conservation order? Individual participants in State or tribal programs
covered by this section are required to comply with the following
requirements:
(1) Nothing in this section authorizes the take of mid-continent
light geese contrary to any State or Tribal laws or regulations; and
none of the privileges granted under this section may be exercised
unless persons acting under the authority of the conservation order
possesses whatever permit or other authorization(s) required for such
activities by the State or Tribal government concerned.
(2) Participants who take mid-continent light geese under this
section may not sell or offer for sale those birds nor their plumage,
but may possess, transport, and otherwise properly use them.
(3) Participants acting under the authority of this section must
permit at all reasonable times, including during actual operations, any
Federal or State game or deputy game agent, warden, protector, or other
game law enforcement officer free and unrestricted access over the
premises on which such operations have been or are being conducted, and
must promptly furnish whatever information an officer requires
concerning the operation.
(4) Participants acting under the authority of this section may take
mid-continent light geese by any method except those prohibited as
follows:
(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun
larger than 10 gauge, punt gun, battery gun, machine gun, fish hook,
poison, drug, explosive, or stupefying substance;
(ii) From or by means, aid, or use of a sinkbox or any other type of
low floating device, having a depression affording the person a means of
concealment beneath the surface of the water;
(iii) From or by means, aid, or use of any motor vehicle, motor-
driven land conveyance, or aircraft of any kind, except that paraplegics
and persons missing one or both legs may take from any stationary motor
vehicle or stationary motor-driven land conveyance;
(iv) From or by means of any motorboat or other craft having a motor
attached, or any sailboat, unless the motor has been completely shut off
and the sails furled, and its progress therefrom has ceased. A craft
under power may be used only to retrieve dead or crippled birds;
however, the craft may not be used under power to shoot any crippled
birds;
(v) By the use or aid of live birds as decoys; although not limited
to, it shall be a violation of this paragraph for any person to take
mid-continent light geese on an area where tame or captive live geese
are present unless such birds are and have been for a period of 10
consecutive days before the taking, confined within an enclosure
[[Page 77]]
that substantially reduces the audibility of their calls and totally
conceals the birds from the sight of mid-continent light geese;
(vi) By means or aid of any motor-driven land, water, or air
conveyance, or any sailboat used for the purpose of or resulting in the
concentrating, driving, rallying, or stirring up of mid-continent light
geese;
(vii) By the aid of baiting, or on or over any baited area. As used
in this paragraph, ``baiting'' means the placing, exposing, depositing,
distributing, or scattering of shelled, shucked, or unshucked corn,
wheat or other grain, salt, or other feed so as to constitute for such
birds a lure, attraction or enticement to, on, or over any areas where
hunters are attempting to take them; and ``baited area'' means any area
where shelled, shucked, or unshucked corn, wheat or other grain, salt,
or other feed capable of luring, attracting, or enticing such birds is
directly or indirectly placed, exposed, deposited, distributed, or
scattered; and such area shall remain a baited area for 10 days
following complete removal of all such corn, wheat or other grain, salt,
or other feed. However, nothing in this paragraph prohibits the taking
of mid-continent light geese on or over standing crops, flooded standing
crops (including aquatics), flooded harvested croplands, grain crops
properly shucked on the field where grown, or grains found scattered
solely as the result of normal agricultural planting or harvesting; or
(viii) Participants may not possess shot (either in shotshells or as
loose shot for muzzleloading) other than steel shot, or bismuth-tin, or
other shots that are authorized in 50 CFR 20.21(j). Season limitations
in that section do not apply to participants acting under this order.
(e) Under what conditions would the conservation order be revoked?
The Service will annually assess the overall impact and effectiveness of
the conservation order to ensure compatibility with long-term
conservation of this resource. If at any time we receive that clearly
demonstrates a serious threat of injury to the area or areas involved no
longer exists, we will initiate action to revoke the conservation order.
(f) Will information concerning the conservation order be collected?
The information collection requirements of the conservation order have
been approved by OMB and assigned clearance number 1018-0103. Agencies
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. The recordkeeping and reporting requirements imposed
under regulations established in this subpart E will be utilized to
administer this program, particularly in the assessment of impacts
alternative regulatory strategies may have on mid-continent light geese
and other migratory bird populations. The information collected will be
required to authorize State and Tribal governments responsible for
migratory bird management to take mid-continent light geese within the
guidelines provided by the Service.
[66 FR 32265, June 14, 2001]
PART 22--EAGLE PERMITS--Table of Contents
Subpart A--Introduction
Sec.
22.1 What is the purpose of this part?
22.2 What activities does this part apply to?
22.3 What definitions do you need to know?
22.4 Information collection requirements.
Subpart B--General Requirements
22.11 What is the relationship to other permit requirements?
22.12 What activities are illegal?
Subpart C--Eagle Permits
22.21 What are the requirements concerning scientific and exhibition
purpose permits?
22.22 What are the requirements concerning permits for Indian religious
purposes?
22.23 What are the requirements for permits to take depredating eagles?
22.24 Permits for falconry purposes.
22.25 What are the requirements concerning permits to take golden eagle
nests?
Subpart D--Depredation Control Orders on Golden Eagles
22.31 Golden eagle depredations control order on request of Governor of
a State.
22.32 Conditions and limitations on taking under depredation control
order.
[[Page 78]]
Authority: 16 U.S.C. 668a; 16 U.S.C. 703-712; 16 U.S.C. 1531-1544.
Source: 39 FR 1183, Jan. 4, 1974, unless otherwise noted.
Subpart A--Introduction
Sec. 22.1 What is the purpose of this part?
This part controls the taking, possession, and transportation within
the United States of bald and golden eagles for scientific, educational,
and depredation control purposes and for the religious purposes of
American Indian tribes. This part also governs the transportation into
or out of the United States of bald and golden eagle parts for
scientific, educational, and Indian religious purposes. The import,
export, purchase, sale, trade, or barter of bald and golden eagles, or
their parts, nests, or eggs is prohibited.
[64 FR 50472, Sept. 17, 1999]
Sec. 22.2 What activities does this part apply to?
(a)(1) You can possess or transport within the United States,
without a Federal permit:
(i) Any live or dead bald eagles, or their parts, nests, or eggs
that were lawfully acquired before June 8, 1940; and
(ii) Any live or dead golden eagles, or their parts, nests, or eggs
that were lawfully acquired before October 24, 1962.
(2) You may not transport into or out of the United States, import,
export, purchase, sell, trade, barter, or offer for purchase, sale,
trade, or barter bald or golden eagles, or their parts, nests, or eggs
of these lawfully acquired pre-act birds. However, you may transport
into or out of the United States any lawfully acquired dead bald or
golden eagles, their parts, nests, or dead eagles, if you acquire a
permit issued under Sec. 22.22 of this part.
(3) No exemption from any statute or regulation will apply to any
offspring of these pre-act birds.
(4) You must mark all shipments containing bald or golden eagles,
alive or dead, their parts, nests, or eggs as directed in Sec. 14.81 of
this subchapter. The markings must contain the name and address of the
person the shipment is going to, the name and address of the person the
shipment is coming from, an accurate list of contents by species, and
the number of each species.
(b) The provisions in this part are in addition to, and are not in
lieu of, other regulations of this subchapter B which may require a
permit or prescribe additional restrictions or conditions for the
importation, exportation, and interstate transportation of wildlife (see
also part 13 of this subchapter).
[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]
Sec. 22.3 What definitions do you need to know?
In addition to definitions contained in part 0 of this subchapter,
and unless the context otherwise requires, in this part 22:
Area nesting population means the number of pairs of golden eagles
known to have a resting attempt during the preceding 12 months within a
10-mile radius of a golden eagle nest.
Export for the purpose of this part does not include the
transportation of any dead bald or golden eagles, or their parts, nests,
or dead eggs out of the United States when accompanied with a valid
transportation permit.
Golden eagle nest means any readily identifiable structure built,
maintained or occupied by golden eagles for propagation purposes.
Import for the purpose of this part does not include the
transportation of any dead bald or golden eagles, or their parts, nests,
or dead eggs into the United States when accompanied with a valid
transportation permit.
Inactive nest means a golden eagle nest that is not currently used
by golden eagles as determined by the absence of any adult, egg, or
dependent young at the nest during the 10 days before the nest is taken.
Nesting attempt means any activity by golden eagles involving egg
laying and incubation as determined by the presence of an egg attended
by an adult, an adult in incubation posture, or other evidence
indicating recent use of a golden eagle nest for incubation of eggs or
rearing of young.
Person means an individual, corporation, partnership, trust,
association, or
[[Page 79]]
any other private entity, or any officer, employee, agent, department,
or instrumentality of any State or political subdivision of a State.
Resource development or recovery includes, but is not limited to,
mining, timbering, extracting oil, natural gas and geothermal energy,
construction of roads, dams, reservoirs, power plants, power
transmission lines, and pipelines, as well as facilities and access
routes essential to these operations, and reclamation following any of
these operations.
Take includes also pursue, shoot, shoot at, poison, wound, kill,
capture, trap, collect, or molest or disturb.
Transportation into or out of the United States for the purpose of
this part means that the permitted item or items transported into or out
of the United States do not change ownership at any time, they are not
transferred from one person to another in the pursuit of gain or profit,
and they are transported into or out of the United States for Indian
religious purposes, or for scientific or exhibition purposes under the
conditions and during the time period specified on a transportation
permit for the items.
[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64
FR 50472, Sept. 17, 1999]
Sec. 22.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 22 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0022. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in the Bald and Golden Eagle Protection Act and its
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 1 to 4 hours per response, with an average of
1 hour per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Direct comments regarding the burden estimate or any other aspect of
these reporting requirements to the Service Information Collection
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project (1018-0022), Washington, DC 20603.
[63 FR 52637, Oct. 1, 1998]
Subpart B--General Requirements
Sec. 22.11 What is the relationship to other permit requirements?
You may not take, possess, or transport any bald eagle (Haliaeetus
leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts,
nests, or eggs of such birds, except as allowed by a valid permit issued
under this part, part 13, and/or Sec. 21.22 of this subchapter, or
authorized under a depredation order issued under subpart D of this
part. We will accept a single application for a permit under this part
and any other parts of this subchapter B if it includes all of the
information required for an application under each applicable part.
(a) You do not need a permit under parts 17 and 21 of this
subchapter B for any activity permitted under this part 22 with respect
to bald or golden eagles or their parts, nests, or eggs.
(b) You must obtain a permit under part 21 of this subchapter for
any activity that also involves migratory birds other than bald and
golden eagles, and a permit under part 17 of this subchapter for any
activity that also involves threatened or endangered species other than
the bald eagle.
(c) If you are transporting dead bald or golden eagles, or their
parts, nests, or dead eggs into or out of the United States, you will
also need a Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) permit under part 23 of this subchapter.
[64 FR 50472, Sept. 17, 1999]
[[Page 80]]
Sec. 22.12 What activities are illegal?
(a) You may not sell, purchase, barter, trade, import, or export, or
offer for sale, purchase, barter, or trade, at any time or in any
manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle
(Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we
will not issue a permit to authorize these acts.
(b) You may not transport into or out of the United States any live
bald or golden eagle, or any live egg of those birds, and we will not
issue a permit to authorize these acts.
[64 FR 50472, Sept. 17, 1999]
Subpart C--Eagle Permits
Sec. 22.21 What are the requirements concerning scientific and exhibition
purpose permits?
We may, under the provisions of this section, issue a permit
authorizing the taking, possession, transportation within the United
States, or transportation into or out of the United States of lawfully
possessed bald eagles or golden eagles, or their parts, nests, or eggs
for the scientific or exhibition purposes of public museums, public
scientific societies, or public zoological parks. We will not issue a
permit under this section that authorizes the transportation into or out
of the United States of any live bald or golden eagles, or any live eggs
of these birds.
(a) How do I apply if I want a permit for scientific and exhibition
purposes?
(1) You must submit applications for permits to take, possess, or
transport within the United States lawfully acquired live or dead bald
or golden eagles, or their parts, nests, or live or dead eggs for
scientific or exhibition purposes to the appropriate Regional Director--
Attention: Migratory Bird Permit Office. You can find addresses for the
Regional Directors in 50 CFR 2.2.
(2) If you want a permit to transport into or out of the United
States any lawfully acquired dead bald or golden eagles or their parts,
nests, or dead eggs for scientific or exhibition purposes, you must
submit your application to the Office of Management Authority. Your
application must contain all the information necessary for the issuance
of a CITES permit. You must also comply with all the requirements in
part 23 of this subchapter before international travel. Mail should be
addressed to: Office of Management Authority, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.
(3) Your application for any permit under this section must also
contain the information required under this section, Sec. 13.12(a) of
this subchapter, and the following information:
(i) Species of eagle and number of such birds, nests, or eggs
proposed to be taken, possessed, or transported;
(ii) Specific locality in which taking is proposed, if any;
(iii) Method taking proposed, if any;
(iv) If not taken, the source of eagles and other circumstances
surrounding the proposed acquisition or transportation;
(v) Name and address of the public museum, public scientific
societies, or public zoological park for which they are intended;
(vi) Complete explanation and justification of request, nature of
project or study, number of specimens now at institution, reason these
are inadequate, and other appropriate explanations.
(b) What are the conditions? In addition to the general conditions
in part 13 of this subchapter B, permits to take, possess, transport
within the United States, or transport into or out of the United States
bald or golden eagles, or their parts, nests, or eggs for scientific or
exhibition purposes, are also subject to the following condition: In
addition to any reporting requirement specifically noted in the permit,
you must submit a report of activities conducted under the permit to the
Regional Director--Attention: Migratory Bird Permit Office, within 30
days after the permit expires.
(c) How do we evaluate your application for a permit? We will
conduct an investigation and will only issue a permit to take, possess,
transport within the United States, or transport into or out of the
United States bald or golden eagles, or their parts, nests, or eggs for
scientific or exhibition purposes when
[[Page 81]]
we determine that the taking, possession, or transportation is
compatible with the preservation of the bald eagle and golden eagle. In
making this determination, we will consider, among other criteria, the
following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild populations of bald and golden eagles;
(2) Whether the expertise, facilities, or other resources available
to the applicant appear adequate to successfully accomplish the
objectives stated in the application;
(3) Whether the justification of the purpose for which the permit is
being requested is adequate to justify the removal of the eagle from the
wild or otherwise change its status; and
(4) Whether the applicant has demonstrated that the permit is being
requested for bona fide scientific or exhibition purposes of public
museums, public scientific societies, or public zoological parks.
(d) Tenure of permits. The tenure of permits to take bald or golden
eagles for scientific or exhibition purposes shall be that shown on the
face of the permit.
[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64
FR 50472, Sept. 17, 1999]
Sec. 22.22 What are the requirements concerning permits for Indian religious
purposes?
We will issue a permit only to members of Indian entities recognized
and eligible to receive services from the United States Bureau of Indian
Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities
who satisfy all the issuance criteria of this section. We may, under the
provisions of this section, issue a permit authorizing the taking,
possession, and transportation within the United States, or
transportation into or out of the United States of lawfully acquired
bald eagles or golden eagles, or their parts, nests, or eggs for Indian
religious use. We will not issue a permit under this section that
authorizes the transportation into or out of the United States of any
live bald or golden eagles, or any live eggs of these birds.
(a) How do I apply if I want a permit for Indian regligious
purposes? You must submit applications for permits to take, possess,
transport within the United States, or transport into or out of the
United States lawfully acquired bald or golden eagles, or their parts,
nests, or eggs for Indian religious use to the appropriate Regional
Director--Attention: Migratory Bird Permit Office. You can find
addresses for the appropriate Regional Directors in 50 CFR 2.2. If you
are applying for a permit to transport into or out of the United States,
your application must contain all the information necessary for the
issuance of a CITES permit. You must comply with all the requirements in
part 23 of this subchapter before international travel. Your application
for any permit under this section must also contain the information
required under this section, Sec. 13.12(a) of this subchapter, and the
following information:
(1) Species and number of eagles or feathers proposed to be taken,
or acquired by gift or inheritance.
(2) State and local area where the taking is proposed to be done, or
from whom acquired.
(3) Name of tribe with which applicant is associated.
(4) Name of tribal religious ceremony(ies) for which required.
(5) You must attach a certification of enrollment in an Indian tribe
that is federally recognized under the Federally Recognized Tribal List
Act of 1994, 25 U.S.C. 479a-1, 108 Stat. 4791 (1994). The certificate
must be signed by the tribal official who is authorized to certify that
an individual is a duly enrolled member of that tribe, and must include
the official title of that certifying official.
(b) What are the permit conditions? In addition to the general
conditions in part 13 of this subchapter B, permits to take, possess,
transport within the United States, or transport into or out of the
United States bald or golden eagles, or their parts, nests or eggs for
Indian religious use are subject to the following conditions:
(1) Bald or golden eagles or their parts possessed under permits
issued pursuant to this section are not transferable, except such birds
or their parts may be handed down from generation
[[Page 82]]
to generation or from one Indian to another in accordance with tribal or
religious customs; and
(2) You must submit reports or inventories, including photographs,
of eagle feathers or parts on hand as requested by the issuing office.
(c) How do we evaluate your application for a permit? We will
conduct an investigation and will only issue a permit to take, possess,
transport within the United States, or transport into or out of the
United States bald or golden eagles, or their parts, nests or eggs, for
Indian religious use when we determine that the taking, possession, or
transportation is compatible with the preservation of the bald and
golden eagle. In making a determination, we will consider, among other
criteria, the following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild populations of bald or golden eagles; and
(2) Whether the applicant is an Indian who is authorized to
participate in bona fide tribal religious ceremonies.
(d) How long are the permits valid? We are authorized to amend,
suspend, or revoke any permit that is issued under this section (see
Sec.Sec. 13.23, 13.27, and 13.28 of this subchapter).
(1) A permit issued to you that authorizes you to take bald or
golden eagles will be valid during the period specified on the face of
the permit, but will not be longer than 1 year from the date it is
issued.
(2) A permit issued to you that authorizes you to transport and
possess bald or golden eagles or their parts, nests, or eggs within the
United States will be valid for your lifetime.
(3) A permit authorizing you to transport dead bald eagles or golden
eagles, or their parts, nests, or dead eggs into or out of the United
States can be used for multiple trips to or from the United States, but
no trip can be longer than 180 days. The permit will be valid during the
period specified on the face of the permit, not to exceed 3 years from
the date it is issued.
[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64
FR 50473, Sept. 17, 1999]
Sec. 22.23 What are the requirements for permits to take depredating eagles?
(a) How do I apply for a permit? You must submit applications for
permits to take depredating bald or golden eagles to the appropriate
Regional Director--Attention: Migratory Bird Permit Office. You can find
addresses for the appropriate Regional Directors in 50 CFR 2.2. Your
application must contain the information and certification required by
Sec. 13.12(a) of this subchapter, and the following additional
information:
(1) Species and number of eagles proposed to be taken;
(2) Location and description of property where taking is proposed;
(3) Inclusive dates for which permit is requested;
(4) Method of taking proposed;
(5) Kind and number of livestock or domestic animals owned by
applicant;
(6) Kind and amount of alleged damaged; and
(7) Name, address, age, and business relationship with applicant of
any person the applicant proposes to act for him as his agent in the
taking of such eagles.
(b) What are the permit conditions? In addition to the general
conditions set forth in part 13 of this subchapter B, permits to take
depredating bald or golden eagles shall be subject to the following
conditions:
(1) Bald or golden eagles may be taken under permit by firearms,
traps, or other suitable means except by poison or from aircraft;
(2) The taking of eagles under permit may be done only by the
permittee or his agents named in the permit;
(3) Any eagle taken under authority of such permit will be promptly
turned over to a Service agent or other game law enforcement officer
designated in the permit; and
(4) In addition to any reporting requirement on a permit, you must
submit a report of activities conducted under the permit to the
appropriate Regional Director--Attention: Migratory Bird Permit Office
within 10 days following completion of the taking operations or the
expiration of the permit, whichever occurs first.
(c) Issuance criteria. The Director shall conduct an investigation
and not
[[Page 83]]
issue a permit to take depredating bald or golden eagles unless he has
determined that such taking is compatible with the preservation of the
bald or golden eagle. In making such determination the Director shall
consider the following:
(1) The direct or indirect effect which issuing such permit would be
likely to have upon the wild population of bald or golden eagles;
(2) Whether there is evidence to show that bald or golden eagles
have in fact become seriously injurious to wildlife or to agriculture or
other interests in the particular locality to be covered by the permit,
and the injury complained of is substantial; and
(3) Whether the only way to abate the damage caused by the bald or
golden eagle is to take some or all of the offending birds.
(d) Tenure of permits. The tenure of any permit to take bald or
golden eagles for depredation control purposes shall be that shown on
the face thereof, and shall in no case be longer than 90 days from date
of issue.
[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64
FR 50473, Sept. 17, 1999]
Sec. 22.24 Permits for falconry purposes.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the possession and transportation of golden eagles for falconry
purposes.
(a) Application procedures. Submit applications for permits to
possess and transport golden eagles for falconry purposes to the
appropriate Regional Director (Attention: Migratory bird permit office).
You can find addresses for the Regional Directors in 50 CFR 2.2. Each
application must contain the general information and certification
required in Sec. 13.12(a) of this subchapter, and the following
additional information:
(1) A copy of the applicant's master (or equivalent) class permit
issued in accordance with 50 CFR 21.28.
(2) A statement of the applicant's experience in handling large
raptors, including the species, type of experience and duration of the
activity in which the experience was acquired.
(3) At least two (2) letters of reference from individuals with
recognized experience in handling and/or flying eagles. Each letter must
contain a concise history of the author's experience with eagles. Eagle
handling experience is defined as, but is not limited to, the handling
of pre-Act birds, zoological specimens, rehabilitating eagles, or
scientific studies involving eagles. Each letter must also assess the
applicant's capability to properly care for the fly golden eagles in
falconry, and recommend the issuance or denial of the permit.
(4) A description of the facilities in which golden eagles will be
housed.
(5) If requesting an eagle(s) from the Service, applicants must
specify the sex, age and condition of the eagle(s) they will accept.
(6) For eagles already legally possessed, a copy of the permit or
other documentation authorizing possession of said birds, and the
procedures to be used to minimize or eliminate hazards associated with
the use of imprinted birds in falconry.
(7) Name, address, age and experience in handling raptors of any
person the applicant proposes to act as an authorized agent in taking
possession of golden eagles provided by the Service.
(8) To obtain additional or replacement golden eagles, a request in
writing to the appropriate special agent in charge must be tendered,
identifying the existing permit and, for replacement eagles, the reason
for such replacement.
(b) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B, permits to possess and transport
golden eagles for falconry purposes are subject to the following
conditions:
(1) Golden eagles possessed for falconry purposes are considered as
raptors and must be maintained in accordance with Federal falconry
standards described in Sec.Sec. 21.28 and 21.29 of this subchapter.
(2) Only golden eagles legally obtained may be possessed and
transported for falconry purposes.
(3) Captive breeding of golden eagles possessed for falconry
purposes is prohibited.
[[Page 84]]
(4) The applicant, or authorized agent, must agree to take
possession of a requested golden eagle(s) within 72 hours of
notification of availability. Expenses incurred by the applicant in
taking possession of said eagle(s) will be the applicant's
responsibility.
(5) The golden eagle(s) must be banded with a numbered eagle marker
provided by the Service.
(6) All permits issued pursuant to this section shall state on their
face that eagles possessed for falconry purposes under authority of this
permit may not be transferred or otherwise intentionally disposed of by
any means, including release to the wild, without written approval from
the appropriate regional director.
(7) All permits issued pursuant to this section shall state on their
face that the appropriate special agent in charge must be notified no
later than ten (10) days after the death of a permit holder.
(c) More restrictive State laws. Nothing in this section shall be
construed to prevent a State from making and/or enforcing more
restrictive laws and regulations as regards the use of golden eagles in
falconry.
(d) Issuance criteria. The Director shall conduct an investigation
and shall not issue a permit to possess and transport golden eagles for
falconry purposes unless he has determined: that such possession and
transportation is compatible with the preservation of golden eagles;
that the proposed possession and transportation of golden eagles for
falconry is not otherwise prohibited by laws and regulations within the
State where the activity is proposed; and that the applicant is
qualified to possess and transport golden eagles for falconry purposes.
In making the latter determination, the Director shall consider, but
shall not necessarily be limited to, the following:
(1) The applicant's cumulative falconry experience.
(2) The applicant's demonstrated ability to handle and care for
large raptors.
(3) Information contained in the applicant's letters of reference.
(e) Tenure of permits. Any permit to possess and transport golden
eagles for falconry purposes is valid for as long as the holder
maintains a valid master (or equivalent) class falconry permit or until
revoked in writing by the Service.
(f) Permission to trap golden eagles for falconry purposes.
Applicants desiring to trap golden eagles from the wild for use in
falconry must request and obtain permission from the Service prior to
exercising this privilege. The following applies to requests:
(1) Only golden eagles from a specified depredation area may be
trapped for falconry purposes.
(2) Permission to trap golden eagles must be requested in writing
from the appropriate State Animal Damage Control (ADC) supervisor
subsequent to issuance of the permit to possess and transport golden
eagles for falconry purposes.
(3) Permission to trap will not be granted until the permittee
suitably demonstrates to the State ADC supervisor or a designated
project leader his/her qualifications and capabilities to trap golden
eagles from the wild.
(4) All such trapping must be conducted under the direct supervision
of the State ADC supervisor or designated project leader in the
specified depredation area.
(5) Any permission to trap golden eagles from the wild pursuant to
this section shall in no case extend more than 90 days from the date of
issue.
(6) Upon issuance of permission to trap in accordance with the above
conditions, the appropriate special agent in charge will be notified in
writing by the State ADC supervisor of the individual's name, address,
location of the specified depredation area and tenure of permission to
trap golden eagles.
(The information collection requirements approved by the Office of
Management and Budget under control number 1018-0022. The information is
necessary to determine potential permittee's qualifications and is
required to obtain a permit)
[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]
Sec. 22.25 What are the requirements concerning permits to take golden eagle
nests?
The Director may, upon receipt of an application and in accordance
with the
[[Page 85]]
issuance criteria of this section, issue a permit authorizing any person
to take golden eagle nests during a resource development or recovery
operation when the nests are inactive, if the taking is compatible with
the preservation of the area nesting population of golden eagles. The
information collection requirements contained within this section have
been approved by the Office of Management and Budget under 44 U.S.C.
3507 and assigned clearance number 1018-0022. This information is being
collected to provide information necessary to evaluate permit
applications. This information will be used to review permit
applications and make decisions, according to the criteria established
in this section for the issuance or denial of such permits. The
obligation to respond is required to obtain or retain a permit.
(a) How do I apply for a permit to take golden eagle nests? You must
submit applications for permits to take golden eagle nests to the
appropriate Regional Director--Attention: Migratory Bird Permit Office.
You can find addresses for the appropriate Regional Directors in 50 CFR
2.2. We will only accept applications if you are engaged in a resource
development or recovery operation, including the planning and permitting
stages of an operation. Your application must contain the general
information and certification required by Sec. 13.12(a) of this chapter
plus the following additional information:
(1) A description of the resource development or recovery operation
in which the applicant is engaged;
(2) The number of golden eagle nests proposed to be taken;
(3) A description of the property on which the taking is proposed,
with reference made to its exact geographic location. An appropriately
scaled map or plat must be included which delineates the area of the
resource development or recovery operation and identifies the exact
location of each golden eagle nest proposed to be taken. The map or plat
must contain enough detail so that each golden eagle nest proposed to be
taken can be readily located by the Service.
(4) For each golden eagle nest proposed to be taken, the applicant
must calculate the area nesting population of golden eagles and identify
on an appropriately scaled map or plat the exact location of each golden
eagle nest used to calculate the area nesting population unless the
Service has sufficient data to independently calculate the area nesting
population. The map or plat must contain enough details so that each
golden eagle nest used to calculate the area nesting population can be
readily located by the Service.
(5) A description of each activity to be performed during the
resource development or recovery operation which involves the taking of
a golden eagle nest;
(6) A statement with any supporting documents from ornithologists
experienced with golden eagles or other qualified persons who have made
on site inspections and can verify the applicant's calculation of the
area nesting population;
(7) The length of time for which the permit is requested, including
the dates on which the proposed resource development or recovery
operation is to begin and end;
(8) A statement indicating the intended disposition of each nest
proposed to be taken. Applicants should state whether they are willing
to collect any nest for scientific or educational purposes; and
(9) A statement indicating any proposed mitigation measures that are
compatible with the resource development or recovery operation to
encourage golden eagles to reoccupy the resource development or recovery
site. Mitigation measures may include reclaiming disturbed land to
enhance golden eagle nesting and foraging habitat, relocating in
suitable habitat any inactive golden eagle nest taken, or establishing
one or more nest sites. If the establishment of one or more nest sites
is proposed, a description of the materials and methods to be used and
the exact location of each artificial nest site must be included.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this chapter, permits to take golden
eagle nests are subject to the following additional conditions:
(1) Only inactive golden eagle nests may be taken.
[[Page 86]]
(2) The permittee shall submit a report of activities conducted
under the permit to the Director within ten (10) days following the
permit's expiration;
(3) The permittee shall notify the Director in writing at least 10
days but not more than 30 days before any golden eagle nest is taken;
(4) The permittee shall comply with any mitigation measures
determined by the Director to be feasible and compatible with the
resource development or recovery operation; and
(5) Any permit issued before the commencement of a resource
development or recovery operation is invalid if the activity which
required a permit is not performed.
(c) Issuance criteria. The Director shall conduct an investigation
and not issue a permit to take any golden eagle nest unless such taking
is compatible with the preservation of the area nesting population of
golden eagles. In making such determination, the Director shall consider
the following:
(1) Whether the applicant can reasonably conduct the resource
development or recovery operation in a manner that avoids taking any
golden eagle nest;
(2) The total number of golden eagle nests proposed to be taken;
(3) The size of the area nesting population of golden eagles;
(4) Whether suitable golden eagle nesting and foraging habitat
unaffected by the resource development or recovery operation is
available to the area nesting population of golden eagles to accommodate
any golden eagles displaced by the resource development or recovery
operation;
(5) Whether feasible mitigation measures compatible with the
resource development or recovery operation are available to encourage
golden eagles to reoccupy the resource development or recovery site.
Mitigation measures may include reclaiming disturbed land to enhance
golden eagle nesting and foraging habitat, relocating in suitable
habitat any golden eagle nest taken, or establishing one or more nest
sites; and
(6) Whether the area nesting population is widely dispersed or
locally concentrated.
(d) Tenure of permits. The tenure of any permit to take golden eagle
nests is 2 years from the date of issuance, unless a shorter period of
time is prescribed on the face of the permit. Permits may be renewed in
accordance with part 13 of this chapter.
[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64
FR 50474, Sept. 17, 1999]
Subpart D--Depredation Control Orders on Golden Eagles
Sec. 22.31 Golden eagle depredations control order on request of Governor
of a State.
(a) Whenever the Governor of any State requests permission to take
golden eagles to seasonally protect domesticated flocks and herds in
such State, the Director shall make an investigation and if he
determines that such taking is necessary to and will seasonally protect
domesticated flocks and herds in such States he shall authorize such
taking in whatever part or parts of the State and for such periods as he
determines necessary to protect such interests.
(b) Requests from the Governor of a State to take golden eagles to
seasonally protect domesticated flocks and herds must be submitted in
writing to the Director listing the periods of time during which the
taking of such birds is recommended, and including a map of the State
indicating the boundaries of the proposed area of taking. Such requests
should include a statement of the facts and the source of such facts
that in the Governor's opinion justifies the request. After a decision
by the Director, the Governor will be advised in writing concerning the
request and a notice will be published in the Federal Register.
Sec. 22.32 Conditions and limitations on taking under depredation control order.
(a) Whenever the taking of golden eagles without a permit is
authorized for the seasonal protection of livestock, such birds may be
taken by firearms, traps, or other suitable means except by poison or
from aircraft.
(b) Any person exercising any of the privileges granted by this
subpart D must permit all reasonable times, including during actual
operations, any
[[Page 87]]
Service agent, or other game law enforcement officer free and
unrestricted access over the premises on which such operations have been
or are being conducted; and shall furnish promptly to such officer
whatever information he may require concerning such operations.
(c) The authority to take golden eagles under a depredations control
order issued pursuant to this subpart D only authorizes the taking of
golden eagles when necessary to seasonally protect domesticated flocks
and herds, and all such birds taken must be reported and turned over to
a local Bureau Agent.
PART 23--ENDANGERED SPECIES CONVENTION--Table of Contents
Subpart A--Introduction
Sec.
23.1 Purpose of regulations.
23.2 Scope of regulations.
23.3 Definitions.
23.4 Parties to the Convention.
Subpart B--Prohibitions, Permits and Exceptions
23.11 Prohibitions.
23.12 Requirements.
23.13 Exceptions.
23.14 Foreign documentation.
23.15 Permits and certificates.
Subpart C--Appendices I, II and III to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora
23.21 Criteria for listing species. [Reserved]
23.22 Procedures for amending the appendices. [Reserved]
23.23 Species listed in Appendices I, II, and III.
Subpart D--Public Participation in the Development of Negotiating
Positions for Meetings of the Conference of the Parties to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora; Federal Agency Consultation
23.31 Purpose of regulations.
23.32 Notice of meeting of Conference of the Parties to the Convention.
23.33 Notice of proposed negotiating positions.
23.34 Public meetings.
23.35 Notice of negotiating positions.
23.36 Schedule of public meetings and notices.
23.37 Federal agency consultation.
23.38 Modifications of procedures and negotiating positions.
23.39 Notice of availability of official report.
Subpart E--Scientific Authority Advice [Reserved]
Subpart F--Export of Certain Species
23.51 American ginseng (Panax quinquefolius).
23.52 Bobcat (Lynx rufus).
23.53 River otter (Lontra canadensis).
23.54 Lynx (Lynx canadensis).
23.55 Gray wolf (Canis lupus).
23.56 Brown bear (Ursus arctos).
23.57 American alligator (Alligator mississippiensis).
Authority: Convention on International Trade in Endangered Species
of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered Species Act of
1973, as amended, 16 U.S.C. 1531 et seq.
Source: 42 FR 10465, Feb. 22, 1977, unless otherwise noted.
Subpart A--Introduction
Sec. 23.1 Purpose of regulations.
(a) The regulations in this part implement the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, TIAS
8249.
(b) The regulations identify those species of wildlife and plants
included in appendix I, II or III to the Convention.
Sec. 23.2 Scope of regulations.
(a) The regulations of this part apply only to wildlife and plants
listed in appendix I, II or III to the Convention, listed herein in Sec.
23.23 for the convenience of the public. It should be noted that many
species listed in appendix I, II or III are also listed in part 17
(endangered and threatened species) or part 18 (marine mammals), and are
subject to additional regulations in those parts or in part 216 (marine
mammals) or parts 217-225 (endangered and threatened species) for
species under jurisdiction of the National Marine Fisheries Service.
(b) [Reserved]
[[Page 88]]
Sec. 23.3 Definitions.
In addition to the definitions contained in parts 10 and 17 of this
subchapter, and unless the context requires otherwise, in this part:
Appendix I means the list of wildlife and plants called ``Appendix
I'' and attached to the Convention (see Sec. 23.23 for the list).
Appendix II means the list of wildlife and plants called ``Appendix
II'' and attached to the Convention (see Sec. 23.23 for the list).
Appendix III means the list of wildlife and plants called ``Appendix
III'' and attached to the Convention (see Sec. 23.23 for the list).
Convention means the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, TIAS 8249.
Management Authority means a national management authority
officially designated by a party to implement the present Convention,
including the granting of permits or certificates for Convention
purposes on behalf of the party.
Party means a country for which the Convention has entered into
force, by virtue of ratification or accession.
Re-export means export of wildlife or plants that have previously
been imported.
United States means all of the several states, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, Guam, and the Trust Territory of the Pacific Islands.
Sec. 23.4 Parties to the Convention.
The following countries are currently parties to the Convention. The
name and address of the management authority is included under the name
of each country. This list is for the convenience of the public, and
does not preclude the application of regulations in this part 23 to
importation, exportation or re-exportation to or from other countries.
Australia
The Bureau of Customs, Department of Business and Consumer Affairs,
Canberra, Act 2600, Australia.
Brazil
Instituto Brasileiro de Desenvolvimento, Florestal (IBDF) do Ministerio
da Agricultura, Palacio do Desenvolvimento, Setor Bancario Norte,
13 andar, 70000 Brazilia--DF Brazil.
Canada
The Administrator, Convention on International Trade in Endangered
Species, Canadian Wildlife Service, Department of the Environment,
Ottawa, Ontario, K1A OH3, Canada.
Chile
Servico Agricola y Ganadero (SAG), Ministerio de Agricultura, Santiago,
Chile.
Costa Rica
Departmento de Pesca Continental y Vida Silvestre, Ministerio de
Agricultura y Ganaderia, San Jose, Costa Rica.
Cyprus
Ministry of Agriculture and Natural Resources, Nicosia, Cyprus.
Ecuador
Ministerio de Agricultura y Ganaderia, Quito, Ecuador.
Federal Republic of Germany
Bundesminister fur Ernahrung Landwirtschaft und Forsten, Rochusstrasse
1, 5300 Bonn-Duisdorf, Federal Republic of Germany.
Finland
Maa--ja Metsatalousministerio, Ministry of Agriculture and Forestry,
Bureau of Natural Resources, Hallituskatu 3 A, 00170 Helsinki 3 A,
Finland.
German Democratic Republic
Ministerium fur Land, Forst und Nahrungsguterwirtschaft, der Deutschen
Demokratischen Republik, DDR-1157 Berlin, German Democratic Republic.
Ghana
Department of Game and Wildlife, P.O. Box M 239, Accra, Ghana.
India
The Director of Wildlife Preservation, Government of India, Ministry of
Agriculture and Irrigation, Department of Agriculture, Krishi Bhaven,
New Delhi--110001, India.
Iran
Department of the Environment, P.O. Box 1430, Tehran, Iran.
[[Page 89]]
Malagasy Republic
Direction des Eaux et Forets et de la Conservation des Sols, B.P. 243,
Tananarive.
Mauritius
The Conservator of Forests, Forest Service, Curepipe, Mauritius.
Morocco
Comite National de l'Environment, Direction de l'Environment, Ministere
de l'Urbanisme, de l'Habitat, du Tourisme et de l'Environment, Rabat,
Morocco.
Nepal
Not available.
Niger
Ministere de l'Economie rurale, et du Climat, Niamey, Niger.
Nigeria
Not available.
Norway
The Royal Ministry of Environment, Myntgaten 2, P.O. Box 8012 Oslo-Dep.,
N--Oslo 1, Norway.
Pakistan
Mr. A.M. Khattak, Inspector General of Forests/Member Secretary,
Government of Pakistan, Ministry of Food, Agriculture, Cooperatives,
Under-Developed Areas and Land Reforms (Food and Agriculture Division),
National Council for Conservation of Wildlife, Bungalow No.: 4-G, St.
No.: 51, F.6/Islamabad, Pakistan.
Papua New Guinea
The Conservator of Fauna, Department of Natural Resources, P.O. Box
2585, Konedobu, Papua, New Guinea.
Paraguay
Not available.
Peru
Direccion General Forestal y de Fauna, Natalio Sanches 220, 3er. piso,
Jesus Maria, Lima, Peru.
South Africa
The Secretary, Department of Planning and the Environment, Private Bag X
213, Pretoria 0001, South Africa.
Sweden
Lantbruksstyrelsen, Vallgatan 6, S-551 83 Jonkoping, Sweden.
Switzerland
Office veterinaire federal, Thunstrasse 17, 3005 Berne 6, Switzerland.
Tunisia
Direction des Forets, 36, rue Alain Savary, Tunis, Tunisia.
Union of Soviet Socialist Republics
Not available.
United Arab Emirates
Not available.
United Kingdom of Great Britain and Northern Ireland
Department of the Environment, 17/19 Rochester Row, London SW1P 1LN,
England.
United States of America
Chief, Federal Wildlife Permit Office, U.S. Fish and Wildlife Service,
U.S. Department of the Interior, 18th and C Streets NW., Washington, DC
20240 U.S.A.
Uruguay
Presidente del Instituto Nacional para le Preservacion del Medio
Ambiente, Ministerio de Education y Cultura, Sarandi 444, Montevideo,
Uruguay.
Zaire
Le Commissaire d'Etat a l'Environment, Conservation de la Nature et
Tourisme Boite Postale 12348, Kinshasa/Gombe, Zaire.
Subpart B--Prohibitions, Permits and Exceptions
Sec. 23.11 Prohibitions.
(a) Unless the requirements in this part 23 are met, or one of the
exceptions in this part 23 is applicable, it is unlawful for any person
subject to the jurisdiction of the United States to commit, attempt to
commit, solicit another to commit, or cause to be committed any of the
acts described in paragraphs (b) through (d) of this section.
(b) Import. (1) It is unlawful to import into the United States any
wildlife or plant listed in appendix I, II or III (see Sec. 23.23) from
any foreign country.
(2) It is unlawful to import directly into the United States any
wildlife or plant listed in appendix I or II (see Sec. 23.23) taken from
the sea beyond the jurisdiction of any country.
[[Page 90]]
(c) Export. It is unlawful to export from the United States any
wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
(d) Re-export. It is unlawful to re-export from the United States
any wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
(e) Possession. It is unlawful for any person subject to the
jurisdiction of the United States to possess any wildlife or plant
listed in appendix I, II or III imported into the United States, or
exported or re-exported from the United States contrary to the
provisions of the Convention or this part 23.
Sec. 23.12 Requirements.
(a) Import--(1) Appendix I. (i) In order to import into the United
States any wildlife or plant listed in Appendix I from any foreign
country, a United States import permit, issued pursuant to Sec. 23.15,
and a valid foreign export permit issued by the country of origin or a
valid foreign re-export certificate issued by the country of re-export
must be obtained prior to such importation.
(ii) In order to import directly into the United States any wildlife
or plant listed in appendix I taken from the sea beyond the jurisdiction
of any country, a United States import permit issued pursuant to Sec.
23.15 must be obtained prior to such importation.
(2) Appendix II. (i) In order to import into the United States any
wildlife or plant listed in appendix II from any foreign country, a
valid foreign export permit issued by the country of origin, or a valid
foreign re-export certificate issued by the country of re-export, must
be obtained prior to such importation.
(ii) In order to import directly into the United States any wildlife
or plant listed in Appendix II taken from the sea beyond the
jurisdiction of any country, a United States import permit issued
pursuant to Sec. 23.15, must be obtained prior to such importation.
(3) Appendix III. (i) In order to import into the United States any
wildlife or plant listed in appendix III from a foreign country that has
listed such animal or plant in appendix III, a valid foreign export
permit or re-export certificate issued by such country must be obtained
prior to such importation.
(ii) In order to import into the United States any wildlife or plant
listed in appendix III from a foreign country that has not listed such
wildlife or plant in appendix III, a valid foreign certificate of origin
or foreign re-export certificate must be obtained prior to such
importation.
(b) Export or re-export--(1) Appendices I and II. In order to export
or re-export from the United States any wildlife or plant listed in
appendix I or II, a United States export permit or re-export
certificate, issued pursuant to Sec. 23.15, must be obtained prior to
such exportation or re-exportation.
(2) Appendix III. (i) In order to export or re-export from the
United States any wildlife or plant listed in appendix III by the United
States, a United States export permit or re-export certificate issued
pursuant to Sec. 23.15, must be obtained prior to such exportation or
re-exportation.
(ii) In order to export or re-export from the United States any
wildlife or plant listed in appendix III that has not been listed by the
United States, a re-export certificate or certificate of origin, issued
pursuant to Sec. 23.15, must be obtained prior to such exportation or
re-exportation.
Sec. 23.13 Exceptions.
(a) If any wildlife or plant listed in appendix I, II or III is also
subject to the regulations in part 17 or part 18 of this subchapter, the
prohibitions and exceptions in those parts and in part 23 shall apply.
Exceptions in one part cannot be invoked to allow activities prohibited
in another part.
(b) The prohibitions in Sec. 23.11 (b) through (d) concerning
importation, exportation and re-exportation shall not apply to wildlife
or plant listed in appendix I, II or III that are being transshipped
through the United States provided such wildlife or plants remain in
Customs custody.
(c) The prohibitions in Sec. 23.11 (b) through (d) concerning
importation, exportation and re-exportation shall not apply to wildlife
or plants when a certificate has been issued by the management authority
of the country of origin or the country of re-export to the effect that
the wildlife or plant was
[[Page 91]]
acquired prior to the date the Convention applied to it. See Sec. 23.15
for rules on the issuance of such certificates.
(d) The prohibitions in Sec. 23.11 (b) through (d) concerning
importation, exportation and re-exportation shall not apply to wildlife
or plants that are accompanying personal baggage or part of a shipment
of the household effects of persons moving their residences to or from
the United States: Provided, That this exception shall not apply to:
(1) Importation by U.S. residents of wildlife or plants listed in
appendix I that were acquired outside the United States; or
(2) Importation by U.S. residents of wildlife or plants listed in
appendix II that were taken from the wild in a foreign country, if that
country requires export permits.
(e) Wildlife or plants listed in appendix I that have been bred in
captivity or artificially propagated, for commercial activities, shall
be treated as if listed in appendix II.
(f) The prohibitions in Sec. 23.11 (b) through (d) concerning
importation, exportation and re-exportation shall not apply to wildlife
or plants when a certificate has been issued by the management authority
of the country of export to the effect that the wildlife or plant was
bred in captivity or artificially propagated, or was part of or derived
therefrom. See Sec. 23.15 for rules on the issuance of such
certificates.
(g) The prohibitions in Sec. 23.11 (b) through (d) concerning
importation, exportation and re-exportation shall not apply to herbarium
specimens, other preserved, dried or embedded museum specimens, and live
plant material when they are imported, exported or re-exported as a non-
commercial loan, donation or exchange between scientists or scientific
institutions that have been registered by a management authority of
their country, and when a label issued or approved by such management
authority is clearly affixed to the package or container. See Sec. 23.15
for rules on registration and issuance or approval of labels.
Sec. 23.14 Foreign documentation.
(a) Party countries. Only export permits, re-export certificates,
certificates of origin, or other certificates issued and signed by a
management authority will be accepted as a valid foreign document from a
country that is a party to the Convention.
(b) Countries that are not parties. The requirements in this part 23
apply to all wildlife and plants listed in appendix I, II or III to the
Convention, whether the shipment is to or from a country that is party
to the Convention, or to or from any other country. In the case of a
shipment from a country not party to the Convention, documents
containing information corresponding to that required by the regulations
in this part 23 may be accepted. Such documents may be in the form of an
export or import permit, a letter from the proper authority, or any
other form that clearly indicates the nature of the document. Such
documents must:
(1) Be issued by an official of the country responsible for
authorizing the export of such wildlife or plants;
(2) Specify the species (or taxa to the rank listed in appendix I,
II or III) and give the numbers of wildlife or plants covered by the
document; and
(3) Contain the following statement or its equivalent:
I, -------------------- (Signing official), hereby certify that the
shipment of wildlife or plants covered by this document is in accordance
with the laws of ------------ (Country), will not be detrimental to the
survival of the species in the wild, and, if living, will be transported
in a manner which will minimize the risk of injury, damage to health, or
cruel treatment.
Sec. 23.15 Permits and certificates.
(a) In order to import, export or re-export wildlife or plants
listed in appendix I, II or III that are also listed as endangered or
threatened and subject to regulations in part 17 of this subchapter, the
requirements in both part 17 and part 23 must be met. A single
application meeting the appropriate application requirements in part 17
will also meet the application requirements in part 23.
(b) In order to import wildlife listed in appendix I, II or III that
are marine mammals subject to regulations in part 18 of this subchapter,
the requirements in both part 18 and part 23 must be met. A single
application meeting the application requirements in part 18
[[Page 92]]
will also meet the application requirements in part 23.
(c) Application requirements for permits or certificates to import,
export or reexport wildlife or plants listed in appendix I, II or III
that are not subject to the regulations in part 17 or part 18 of this
subchapter. Any person subject to the jurisdiction of the United States
who wishes to get such a permit or certificate submits an application
under this section to the Director, U.S. Fish and Wildlife Service,
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room
700, Arlington, VA 22203 by any person subject to the jurisdiction of
the United States who wishes to get a permit for the activity. The
Service provides Form 3-200 for the application to which as much of the
following information relating to the purpose of the permit or
certificate must be attached.
(1) The scientific and common names of the species (or taxa to the
rank listed in appendix I, II or III) sought to be covered by the
permit, the number of wildlife or plants, and the activity sought to be
authorized (such as importing, exporting, re-exporting, etc.);
(2) A statement as to whether the wildlife or plant, at the time of
application, (i) is living in the wild, (ii) is living but is not in the
wild, or (iii) is dead;
(3) A description of the wildlife or plant, including (i) size, (ii)
sex (if known), and (iii) type of goods, if it is a part or derivative;
(4) In the case of living wildlife or plants, (i) a description of
the type, size and construction of any container the wildlife or plant
will be placed in during transportation; and (ii) the arrangements for
watering and otherwise caring for the wildlife or plant during
transportation;
(5) The name and address of the person in a foreign country to whom
the wildlife or plant is to be exported from the United States, or from
whom the wildlife or plant is to be imported into the United States;
(6) The country and place where the wildlife or plant was or is to
be taken from the wild;
(7) In the case of wildlife or plants listed in appendix I to be
imported into the United States, (i) a statement of the purposes and
details of the activities for which the wildlife or plant is to be
imported; (ii) a brief resume of the technical expertise of the
applicant or other persons who will care for the wildlife or plant;
(iii) the name, address and a description, including diagrams or
photographs, of the facility where the wildlife or plant will be
maintained; and (iv) a description of all mortalities, in the two years
preceding the date of this application, involving any wildlife species
covered in the application (or any species of the same genus or family)
held by the applicant, including the causes and steps taken to avoid
such mortalities; and
(8) Copies of documents, sworn affidavits or other evidence showing
that either (i) the wildlife or plant was acquired prior to the date the
Convention applied to it, or (ii) the wildlife or plant was bred in
captivity or artificially propagated, or was part of or derived
therefrom, or (iii) the wildlife or plant is an herbarium specimen,
other preserved, dried or embedded museum specimen or live plant
material to be imported, exported or re-exported as a non-commercial
loan, donation or exchange between scientists or scientific
institutions.
(d) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a), (b) or (c) of this section, the Director
will decide whether or not a permit or certificate should be issued. In
making his decision, the Director shall consider in addition to the
general criteria in Sec. 13.21(b) of this subchapter, the following
factors:
(1) Whether the proposed import, export or re-export would be
detrimental to the survival of the species;
(2) Whether the wildlife or plant was acquired lawfully;
(3) Whether any living wildlife or plant to be exported or re-
exported will be so prepared and shipped as to minimize the risk of
injury, damage to health or cruel treatment;
(4) Whether any living wildlife or plant to be imported directly
into the United States from the sea beyond the jurisdiction of any
country will be so handled as to minimize the risk of injury, damage to
health or cruel treatment;
[[Page 93]]
(5) Whether an import permit has been granted by a foreign country,
in the case of proposed export or re-export from the United States of
any wildlife or plant listed in Appendix I;
(6) Whether the proposed recipient of any living wildlife or plant
listed in Appendix I to be imported into the United States is suitably
equipped to house and care for such wildlife or plant;
(7) Whether any wildlife or plant listed in appendix I to be
imported into the United States is to be used for primarily commercial
activities; and
(8) Whether the evidence submitted is sufficient to justify an
exception, in the case of (i) wildlife or plants that were acquired
prior to the date the Convention applied to them; (ii) wildlife or
plants that were bred in captivity or artificially propagated, or were
part of or derived there from; or (iii) wildlife or plants that are
herbarium specimens; other preserved, dried or embedded museum
specimens, or live plant material to be imported, exported or re-
exported as a noncommercial loan, donation or exchange between
scientists or scientific institutions.
(9) Whether in the case of wildlife or plants listed in Appendix II,
they are the subject of a large volume of trade and are not necessarily
threatened with extinction.
(e) Permit or certificate conditions. In addition to the general
criteria set forth in part 13 of this subchapter, permits or
certificates issued under this section shall be subject to the following
special conditions:
(1) Any permit must be presented to a Service agent at a designated
port of entry upon importation into the United States or prior to
exportation or re-exportation from the United States:
(2) Where appropriate and feasible, the Service may require that an
identifying mark be affixed upon any wildlife or plant;
(3) In the case of wildlife or plants that are herbarium specimens,
other preserved, dried or embedded museum specimens, or live plant
material to be imported, exported or re-exported as a non-commercial
loan, donation or exchange between scientists or scientific
institutions, the names and addresses of the consignor and consignee
must be on each package or container. The letters ``CITES'' (acronym for
the Convention), a description such as ``herbarium specimens,'' and the
code letters assigned by the Service to the scientist or scientific
institution, must be entered on the Customs declaration form affixed to
each package or container.
(f) Duration of permits or certificates. The duration of permits or
certificates issued under this section shall be designated on the face
of the permit or certificate, but in no case will export permits be
valid for longer than six months.
(g) Information collection requirements. The Office of Management
and Budget approved the information collection requirements contained in
this part 23 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-
0093. The Service may not conduct or sponsor, and you are not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. We are collecting this information
to provide information necessary to evaluate permit applications. We
will use this information to review permit applications and make
decisions, according to criteria established in various Federal wildlife
conservation statutes and regulations, on the issuance, suspension,
revocation, or denial of permits. You must respond to obtain or retain a
permit. We estimate the public reporting burden for these reporting
requirements to vary from 20 minutes to 2 hours per response, with an
average of 1 hour per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Direct comments regarding the burden estimate or
any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, DC 20240, or the Office of Management and
Budget, Paperwork Reduction Project (1018-0093), Washington, DC 20603.
[42 FR 10465, Feb. 22, 1977, as amended at 63 FR 52638, Oct. 1, 1998]
[[Page 94]]
Subpart C--Appendices I, II and III to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora
Sec. 23.21 Criteria for listing species. [Reserved]
Sec. 23.22 Procedures for amending the appendices. [Reserved]
Sec. 23.23 Species listed in Appendices I, II, and III.
(a) The list in this section includes species of wildlife and plants
placed in Appendix I, II or III in accordance with the provisions of
Articles XV and XVI of the Convention.
The list of species is organized as follows:
------------------------------------------------------------------------
Major group Subgroups
------------------------------------------------------------------------
Mammals................................. Orders, in taxonomic sequence.
Birds................................... Orders, in taxonomic sequence.
Reptiles................................ Orders, in taxonomic sequence.
Amphibians.............................. Orders, in taxonomic sequence.
Fishes.................................. Orders, in taxonomic sequence.
Molluscs................................ Classes.
Arthropods.............................. Classes.
Plants.................................. Families, in alphabetical
sequence.
------------------------------------------------------------------------
Within each Subgroup, lower taxonomic units (mainly genera, but
sometimes families or subfamilies) are listed in alphabetical sequence.
Within genera, the scientific names of the species are listed in
alphabetical sequence. The scientific name takes precedence over the
common name in determining if a species is listed.
(b) The appendix column of the list includes the annotation ``pe''
(=possibly extinct) for certain species. It also contains the names of
Parties including species in Appendix III.
(c) For purposes of issuing United States certificates of exemption
under Article VII(3), the date when the Convention applies to a species
is the date when the inclusion of that species in the appendices enters
into force under the terms of Article XV or XVI of the Convention. The
date of first listing is retained if a species is transferred from one
appendix to another or if a listed species is subsequently included with
other species in the listing of a taxon above the species level. Such
species are shown separately in this publication of the appendices. The
date of a subsequent listing is used only if a species is entirely
deleted from the appendices and is subsequently reincluded after an
intervening period of time.
(d) Subject to the regulations of this part are all living or dead
animals or plants in Appendix I, II or III, and all their readily
recognizable parts and derivatives except for specified parts or
derivatives of particular Appendix III animal species as excluded in the
particular listing and the following categorically excluded or exempted
parts or derivatives of certain plants:
(1) For Appendix II and Appendix III plants and artificially
propagated hybrids of Appendix I plants: Seedling or tissue cultures
obtained in vitro, in solid or liquid media, transported in sterile
containers; and
(2) For Appendix II and Appendix III plants: Seeds (other than the
seeds of Mexican Cactaceae originating from Mexico, which are included
in the Appendices), spores, pollen (including pollinia), and
artificially propagated cut flowers; and
(3) For artificially propagated hybrids of Appendix I plants: seeds
and pollen (including pollinia) and cut flowers; and
(4) For artificially propagated or naturalized Appendix II Cactaceae
species: fruits and their parts and derivatives; for Opuntia subgenus
Opuntia species, separate stem joints (pads) and their parts and
derivatives.
(5) For Orchidaceae species: in Appendix I, seedling or tissue
cultures obtained in vitro, in solid or liquid media, transported in
sterile containers; in Appendix II, for artificially propagated Vanilla
species, the fruits and their parts and derivatives.
(e) The list of species set out in subsection (f) is informational
and not regulatory in nature. It is solely intended as a convenience to
the public. The official list of species included in Appendices I, II,
and III is the one maintained by the CITES Secretariat based on the
decisions of the Parties to the Convention.
(f) The list of species in the Appendices to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora is
provided below:
[[Page 95]]
----------------------------------------------------------------------------------------------------------------
First
listing
Species Common name Appendix date
(month/
day/year)
----------------------------------------------------------------------------------------------------------------
CLASS MAMMALIA: MAMMALS:
Order Monotremata: Monotremes:
Zaglossus spp......................... Spiny anteaters............... II........................ 2/4/77
Order Dasyuromorphia: Dunnarts (Marsupial-mice),
Tasmanian wolf:
Sminthopsis longicaudata.............. Long-tailed marsupial-mouse, I......................... 7/1/75
Long-tailed dunnart.
S. psammophila........................ Large desert marsupial-mouse, I......................... 7/1/75
Sandhill dunnart.
Thylacinus cynocephalus............... Tasmanian wolf, Thylacine..... I pe...................... 7/1/75
Order Peramelemorphia: Bandicoots:
Chaeropus ecaudatus................... Pig-footed bandicoot.......... I pe...................... 7/1/75
Macrotis lagotis...................... Rabbit bandicoot, Bilby....... I......................... 7/1/75
M. leucura............................ Lesser rabbit bandicoot, I......................... 7/1/75
Yallara.
Perameles bougainville................ Barred bandicoot, Long-nosed I......................... 7/1/75
bandicoot, Mari.
Order Diprotodontia: Kangaroos, Wombats, Wallabies,
Cuscuses, Rat-kangaroos, etc.:
Bettongia spp. (except species listed Rat-kangaroos................. I......................... 6/28/79
below).
B. lesueur............................ Lesueur's rat-kangaroo, Boodie I......................... 7/1/75
B. penicillata (=tropica)............. Brush-tailed rat-kangaroo, I......................... 7/1/75
Woylie.
Caloprymnus campestris................ Desert rat-kangaroo........... I pe...................... 7/1/75
Dendrolagus inustus................... Grizzled tree kangaroo........ II........................ 7/1/75
D. ursinus............................ Vogelkop tree kangaroo........ II........................ 7/1/75
Lagorchestes hirsutus................. Western hare wallaby, Wurrup.. I......................... 7/1/75
Lagostrophus fasciatus................ Banded hare wallaby, Munning.. I......................... 7/1/75
Lasiorhinus krefftii.................. Queensland hairy-nosed wombat. I......................... 7/1/75
Onychogalea fraenata.................. Bridled nail-tailed wallaby... I......................... 7/1/75
O. lunata............................. Crescent nail-tailed wallaby.. I......................... 7/1/75
Phalanger maculatus (see Spilocuscus
maculatus)
P. orientalis......................... Gray cuscus................... II........................ 6/28/79
Spilocuscus maculatus................. Spotted cuscus................ II........................ 6/28/79
Order Scandentia Tree shrews II........................ 2/4/77
Tupaiidae spp......................... Tree shrews................... II........................ 2/4/77
Order Chiroptera: Bats:
Acerodon spp. (all species except Flying foxes.................. II........................ 1/18/90
those in App. I).
A. jubatus............................ Golden-capped fruit bat....... I......................... 1/18/90
A. lucifer............................ Panay giant fruit bat......... I pe...................... 1/18/90
Pteropus spp. (all species except Flying foxes.................. II........................ 1/18/90
those in App. I or with earlier date
in App. II).
P. insularis.......................... Truk flying fox............... I......................... 10/22/87
P. macrotis........................... Big-eared flying fox.......... II........................ 10/22/87
P. mariannus.......................... Mariana flying fox, Mariana I......................... 10/22/87
fruit bat.
P. molossinus......................... Ponape flying fox............. I......................... 10/22/87
P. phaeocephalus...................... Mortlock flying fox........... I......................... 10/22/87
P. pilosus............................ Palau flying fox.............. I......................... 10/22/87
P. samoensis.......................... Samoa flying fox.............. I......................... 10/22/87
P. tokudae............................ Little Mariana fruit bat, II........................ 10/22/87
Tokuda's flying fox.
P. tonganus........................... Insular flying fox, Tonga I......................... 10/22/87
fruit bat.
Vampyrops lineatus.................... White-lined bat............... III (Uruguay)............. 7/14/76
Order Primates (formerly including order Primates: Monkeys, Apes, etc.:
Scandentia, above):
All species of primates except those All monkeys, apes, etc. not II........................ 2/4/77
in App. I or with earlier date in listed below.
App. II.
Allocebus spp......................... Hairy-eared dwarf lemurs...... I......................... 7/1/75
Alouatta palliata (=villosa).......... Mantled howler monkey......... I......................... 7/1/75
A. pigra.............................. Black howler monkey........... I......................... 7/1/75
Ateles geoffroyi frontatus............ Black-handed spider monkey.... I......................... 7/1/75
A. geoffroyi panamensis............... Black-handed spider monkey.... I......................... 7/1/75
Avahi spp............................. Avahis, Woolly lemurs......... I......................... 7/1/75
Brachyteles arachnoides............... Woolly spider monkey.......... I......................... 7/1/75
Cacajao spp........................... Uakaris....................... I......................... 7/1/75
Callimico goeldii..................... Goeldi's monkey, Callimico.... I......................... 7/1/75
Callithrix aurita (=C. jacchus aurita) White-eared marmoset.......... I......................... 2/4/77
C. flaviceps (=C. jacchus flaviceps).. Buff-headed marmoset.......... I......................... 2/4/77
Cebus capucinus....................... White-throated capuchin....... II........................ 7/1/75
Cercocebus galeritus galeritus........ Tana River mangabey, AgilL I......................... 7/1/75
Langabey.
Cercopithecus diana (=C. roloway)..... Diana monkey.................. I......................... 2/4/77
Cheirogaleus spp...................... Dwarf lemurs.................. I......................... 7/1/75
Chiropotes albinasus.................. White-nosed saki.............. I......................... 7/1/75
[[Page 96]]
Colobus (see Procolobus)
Daubentonia madagascariensis.......... Aye-aye....................... I......................... 7/1/75
Eulemur spp........................... Lemurs........................ I......................... 7/1/75
Gorilla gorilla....................... Gorilla....................... I......................... 7/1/75
Hapalemur spp......................... Gentle lemurs................. I......................... 7/1/75
Hylobates spp......................... Gibbons, Siamang.............. I......................... 7/1/75
Indri spp............................. Indri......................... I......................... 7/1/75
Lagothrix flavicauda.................. Yellow-tailed woolly monkey... I......................... 2/4/77
Lemur spp............................. Lemurs........................ I......................... 7/1/75
Leontopithecus (=Leontideus) spp...... Golden lion tamarins.......... I......................... 7/1/75
Lepilemur spp......................... Sportive lemur, Weasel lemur.. I......................... 7/1/75
Loris tardigradus..................... Slender loris................. II........................ 7/1/75
Macaca silenus........................ Lion-tailed macaque........... I......................... 7/1/75
M. sylvanus........................... Barbary ape................... II........................ 7/1/75
Mandrillus leucophaeus................ Drill......................... I......................... 2/4/77
M. sphinx............................. Mandrill...................... I......................... 2/4/77
Microcebus spp........................ Mouse lemurs.................. I......................... 7/1/75
Nasalis (=Simias) concolor............ Pagi Island langur............ I......................... 7/1/75
N. larvatus........................... Proboscis monkey.............. I......................... 7/1/75
Nycticebus coucang.................... Slow loris.................... II........................ 7/1/75
Pan spp............................... Chimpanzee, Bonobo............ I......................... 7/1/75
Papio (see Mandrillus)
Phaner spp............................ Fork-marked mouse lemurs...... I......................... 7/1/75
Pongo pygmaeus........................ Orangutan..................... I......................... 7/1/75
Presbytis entellus (see Semnopithecus
entellus)
P. pileata (see Trachypithecus
pileatus)
P. potenziani......................... Long-tailed langur, Mentawai I......................... 2/4/77
leaf monkey.
Presbytis (other species) (see
Trachypithecus)
Procolobus badius gordonorum.......... Uhehe red colobus............. II........................ 7/1/75
P. pennantii kirki (=C. badius kirkii) Zanzibar reL Lolobus.......... I......................... 7/1/75
P. rufomitratus (=C. badius Tana River red colobus........ I......................... 7/1/75
rufomitratus).
P. verus.............................. Olive colobus................. II........................ 7/1/75
Propithecus spp....................... Sifakas....................... I......................... 7/1/75
Pygathrix (=Rhinopithecus) spp. Snub-nosed langurs............ I......................... 2/4/77
(except those species with earlier
date).
P. nemaeus............................ Douc langur................... I......................... 7/1/75
P. roxellana.......................... Sichuan snub-nosed langur..... I......................... 7/1/75
Saguinus bicolor...................... Pied tamarin.................. I......................... 2/4/77
S. geoffroyi.......................... Geoffroy's marmoset........... I......................... 2/4/77
S. leucopus........................... White-footed tamarin, Silvery- I......................... 2/4/77
brown bare-face tamarin.
S. oedipus (including S. oedipus Cotton-top tamarin............ I......................... 2/4/77
geoffroyi).
Saimiri oerstedii..................... Red-backed squirrel monkey.... I......................... 7/1/75
Semnopithecus entellus................ Gray langur, Common Indian I......................... 7/1/75
langur.
Symphalangus (see Hylobates)
Trachypithecus geei................... Golden langur................. I......................... 7/1/75
T. johnii............................. Nilgiri langur................ II........................ 7/1/75
T. pileatus........................... Capped langur................. I......................... 7/1/75
Tupaiidae spp. (see Order Scandentia,
above).
Varecia spp........................... Lemurs........................ I......................... 7/1/75
Order Xenarthra: Anteaters, Sloths, Armadillos:
Bradypus variegatus (=boliviensis or Three-toed sloth.............. II........................ 7/1/75
griseus).
Cabassous centralis................... Five-toed armadillo........... III (Costa Rica).......... 10/28/76
C. tatouay (=gymnurus)................ Naked-tailed armadillo........ III (Uruguay)............. 7/14/76
Chaetophractus nationi (subject to a Hairy armadillo............... II........................ 9/18/97
zero export quota).
Choloepus hoffmanni................... Two-toed sloth................ III (Costa Rica).......... 10/28/76
Myrmecophaga tridactyla............... Giant anteater................ II........................ 7/1/75
Priodontes maximus (=giganteus)....... Giant armadillo............... I......................... 7/1/75
Tamandua tetradactyla (=T. mexicana).. Tamandua, Collared anteater... III (Guatemala)........... 4/23/81
Order Pholidota: Pangolins, Scaly Anteaters:
Manis spp. (all species except those Pangolins...................... II........................ 7/1/75
with an annual export quota).
Manis crassicaudata [zero quota for Indian pangolin................ II........................ 7/1/75
wild specimens].
Manis javanica [zero quota for wild Malayan pangolin............... II........................ 7/1/75
specimens].
Manis pentadactyla [zero quota for Chinese pangolin............... II........................ 7/1/75
wild specimens].
[[Page 97]]
Order Lagomorpha: Rabbits, Hares:
Caprolagus hispidus................... Hispid hare, Assam rabbit..... I......................... 7/1/75
Romerolagus diazi..................... Mexican volcano rabbit........ I......................... 7/1/75
Order Rodentia: Rodents:
Agouti (=Cuniculus) paca.............. Greater paca, Spotted cavy.... III (Honduras)............ 4/13/87
Anomalurus beecrofti.................. Beecroft's scaly-tailed flying III (Ghana)............... 2/26/76
squirrel.
A. derbianus.......................... Lord Derby's scaly-tailed III (Ghana)............... 2/26/76
flying squirrel.
A. pelii.............................. Pel's scaly-tailed flying III (Ghana)............... 2/26/76
squirrel.
Chinchilla spp. (populations of South Chinchillas................... I......................... 2/4/77
America, except domesticated
specimens).
Cynomys mexicanus..................... Mexican prairie dog........... I......................... 7/1/75
Dasyprocta punctata................... Common agouti................. III (Honduras)............ 4/13/87
Epixerus ebii......................... African palm squirrel......... III (Ghana)............... 2/26/76
Hystrix cristata...................... Crested porcupine............. III (Ghana)............... 2/26/76
Idiurus macrotis...................... Long-eared pygmy flying III (Ghana)............... 2/26/76
squirrel.
Leporillus conditor................... Australian stick-nest rat..... I......................... 7/1/75
Marmota caudata....................... Long-tailed marmot............ III (India)............... 3/16/89
M. himalayana......................... Himalayan marmot.............. III (India)............... 3/16/89
Pseudomys praeconis................... Shark Bay mouse............... I......................... 7/1/75
Ratufa spp............................ Giant squirrels............... II........................ 7/1/75
Sciurus deppei........................ Deppe's squirrel.............. III (Costa Rica).......... 10/28/76
Sphiggurus (=Coendou) mexicanus....... Middle American prehensile- III (Honduras)............ 4/13/87
tailed porcupine, Coendou.
S. (=Coendou) spinosus................ Prehensile-tailed porcupine... III (Uruguay)............. 7/14/76
Xeromys myoides....................... False water rat............... I......................... 7/1/75
Zyzomys pedunculatus.................. Australian native mouse, I......................... 7/1/75
McDonnell Range rock rat.
Order Cetacea: Whales, Porpoises, Dolphins:
All species except those in App. I or All whales, porpoises, and II........................ 6/28/79
with earlier date in App. II. dolphins not listed below.
Balaena mysticetus.................... Bowhead whale................. I......................... 7/1/75
Balaenoptera acutorostrata (all Northern minke whale.......... I......................... 6/28/79
populations except that of West
Greenland).
Balaenoptera bonaerensis.............. Southern minke whale.......... I......................... 6/28/79
B. borealis........................... Sei whale..................... I......................... 2/4/77
B. edeni.............................. Bryde's whale................. I......................... 6/28/79
B. musculus........................... Blue whale.................... I......................... 7/1/75
B. physalus........................... Fin whale..................... I......................... 2/4/77
Berardius spp......................... Beaked whales................. I......................... 6/28/79
Caperea marginata (entry into force as Pygmy right whale............. I......................... 6/28/79
App. I on 1/1/86).
Eschrichtius robustus (=glaucus)...... Gray whale.................... I......................... 7/1/75
Eubalaena (=Balaena) spp.............. Right whales.................. I......................... 7/1/75
Hyperoodon spp........................ Bottle-nosed whales........... I......................... 6/28/79
Lipotes vexillifer.................... White flag dolphin, Chinese I......................... 6/28/79
river dolphin.
Megaptera novaeangliae................ Humpback whale................ I......................... 7/1/75
Monodon monoceros..................... Narwhal....................... II........................ 11/16/75
Neophocaena phocaenoides.............. Finless porpoise.............. I......................... 6/28/79
Phocoena sinus........................ Gulf of California harbor I......................... 6/28/79
porpoise, Cochita.
Physeter catodon (=macrocephalus)..... Sperm whale................... I......................... 2/4/77
Platanista spp........................ Ganges and Indus River I......................... 7/1/75
dolphins.
Pontoporia (=Stenodelphis) blainvillei La Plata River dolphin........ II........................ 7/14/76
Sotalia spp........................... Humpbacked dolphins........... I......................... 6/28/79
Sousa spp............................. Humpbacked dolphins........... I......................... 6/28/79
Order Carnivora: Carnivores: Cats, Bears, etc.:
Acinonyx jubatus...................... Cheetah....................... I......................... 7/1/75
Ailuropoda melanoleuca................ Giant panda................... I......................... 3/14/84
Ailurus fulgens....................... Lesser panda.................. I......................... 7/1/75
Aonyx congicus (=microdon) West African ``clawless'' I......................... 7/1/75
(populations of Cameroon and Nigeria). otter.
Arctictis binturong................... Binturong..................... III (India)............... 3/16/89
Bassaricyon gabbii.................... Bushy-tailed olingo........... III (Costa Rica).......... 10/28/76
Bassariscus sumichrasti............... Cacomistle.................... III (Costa Rica).......... 10/28/76
Canis aureus.......................... Golden jackal................. III (India)............... 3/16/89
C. lupus (all subspecies and Gray wolf..................... II........................ 2/4/77
populations except those listed
below).
[[Page 98]]
C. lupus (India, Pakistan, Bhutan, and Gray wolf..................... I......................... 2/4/77
Nepal populations).
C. lupus crassodon.................... Gray wolf, Vancouver Island II........................ 7/1/75
gray wolf.
C. lupus irremotus.................... Gray wolf, Rocky Mountain gray II........................ 7/1/75
wolf.
C. lupus monstrabilis................. Gray wolf..................... II........................ 7/1/75
C. lupus pallipes..................... Gray wolf, Middle East gray II........................ 7/1/75
wolf.
Caracal (=Felis) caracal (Asian Caracal....................... I......................... 7/1/75
population).
Catopuma (=Felis) temminckii.......... Asian golden cat.............. I......................... 7/1/75
Cerdocyon thous....................... Crab-eating fox............... II........................ 6/11/92
Chrysocyon brachyurus................. Maned wolf.................... II........................ 7/1/75
Civettictis (=Viverra) civetta........ African civet................. III (Botswana)............ 4/24/78
Conepatus humboldtii.................. Humboldt's hognose skunk...... II........................ 6/28/79
Cryptoprocta ferox.................... Fossa......................... II........................ 2/4/77
Cuon alpinus.......................... Dhole......................... II........................ 7/1/75
Cynogale bennettii.................... Otter civet................... II........................ 7/1/75
Dusicyon thous (see Cerdocyon thous)
Dusicyon (other species) (see
Pseudalopex)
Eira barbara.......................... Tayra......................... III (Honduras)............ 4/13/87
Enhydra lutris nereis................. Southern sea otter............ I......................... 7/1/75
Eupleres goudotii (=major)............ Malagasy mongoose............. II........................ 2/4/77
Felidae spp. (all species in family Cats (not including House II........................ 2/4/77
except Felis catus or those in App. I cats).
or with earlier date in App. II).
Felis (see also the following genera,
formerly included in Felis: Caracal,
Catopuma, Herpailurus, Leopardus,
Lynx, Oncifelis, Oreailurus,
Pardofelis, Prionailurus, and Puma)
F. nigripes........................... Black-footed cat.............. I......................... 7/1/75
Fossa fossana (=fossa)................ Fanaloka...................... II........................ 2/4/77
Galictis vittata (=allamandi)......... Grison........................ III (Costa Rica).......... 10/28/76
Helarctos malayanus................... Sun bear...................... I......................... 7/1/75
Hemigalus derbyanus................... Banded palm civet............. II........................ 2/4/77
Herpailurus (=Felis) yaguarondi (North Jaguarundi.................... I......................... 7/1/75
and Central American populations).
H. yaguarondi (South American Jaguarundi.................... II........................ 7/1/75
populations).
Herpestes brachyurus fusca (=H. Indian brown mongoose......... III (India)............... 3/16/89
fuscus).
H. edwardsii.......................... Indian gray mongoose.......... III (India)............... 3/16/89
H. javanicus auropunctata (=H. Small Indian mongoose......... III (India)............... 3/16/89
auropunctatus).
H. smithii............................ Ruddy mongoose................ III (India)............... 3/16/89
H. urva............................... Crab-eating mongoose.......... III (India)............... 3/16/89
H. vitticollis........................ Stripe-necked mongoose........ III (India)............... 3/16/89
Hyaena (see Parahyaena)
Leopardus (=Felis) pardalis (except Ocelot........................ I......................... 2/4/77
subspecies with earlier date).
L. pardalis mearnsi................... Ocelot........................ I......................... 7/1/75
L. pardalis mitis..................... Brazilian ocelot.............. I......................... 7/1/75
L. tigrinus (=Felis tigrina) (except Tiger cat, Little spotted cat. I......................... 2/4/77
subspecies with earlier date).
L. tigrinus oncilla................... Tiger cat..................... I......................... 7/1/75
L. wiedii (except subspecies with Margay........................ I......................... 2/4/77
earlier date).
L. wiedii nicaraguae.................. Central American margay....... I......................... 7/1/75
L. wiedii salvinia.................... Guatemalan margay............. I......................... 7/1/75
Lontra felina......................... Marine otter.................. I......................... 7/1/75
L. longicaudis........................ Long-tailed otter, Neotropical I......................... 7/1/75
otter.
L. provocax........................... Southern river otter, South I......................... 7/1/75
American river otter.
Lutra lutra........................... European river otter.......... I......................... 2/4/77
Lutra (other species) (see Lontra)
Lutrinae spp. (all species except Otters........................ II........................ 2/4/77
those in App. I).
Lynx pardinus (=Felis pardina)........ Spanish lynx, Iberian lynx.... I......................... 2/4/77
L. rufus (=Felis rufa) escuinapae..... Mexican bobcat................ II........................ 7/1/75
Martes flavigula (including M. Yellow-throated marten........ III (India)............... 3/16/89
gwatkinsi).
M. foina intermedia................... Beech marten.................. III (India)............... 3/16/89
Mellivora capensis.................... Honey badger, Ratel........... III (Ghana and Botswana).. 2/26/76
Melursus (=Ursus) ursinus............. Sloth bear.................... I......................... 9/21/88
Mustela altaica....................... Mountain weasel............... III (India)............... 3/16/89
M. erminea ferghanae.................. Ermine........................ III (India)............... 3/16/89
M. kathiah............................ Yellow-bellied weasel......... III (India)............... 3/16/89
M. nigripes........................... Black-footed ferret........... I......................... 7/1/75
M. sibirica........................... Siberian weasel............... III (India)............... 3/16/89
[[Page 99]]
Nasua narica.......................... Common coati, Coatimundi...... III (Honduras)............ 4/13/87
N. nasua solitaria.................... Coatimundi.................... III (Uruguay)............. 7/14/76
Neofelis nebulosa..................... Clouded leopard............... I......................... 7/1/75
Oncifelis (=Felis) geoffroyi.......... Geoffroy's cat................ I......................... 2/4/77
Oreailurus (=Felis) jacobita.......... Andean cat.................... I......................... 7/1/75
Paguma larvata........................ Masked palm civet............. III (India)............... 3/16/89
Panthera leo persica.................. Asiatic lion, Indian lion..... I......................... 7/1/75
P. onca............................... Jaguar........................ I......................... 7/1/75
P. pardus............................. Leopard....................... I......................... 7/1/75
P. tigris............................. Tiger......................... I......................... 7/1/75
P. uncia (see Uncia uncia)............
Paradoxurus hermaphroditus............ Common palm civet............. III (India)............... 3/16/89
P. jerdoni............................ Jerdon's palm civet........... III (India)............... 3/16/89
Pardofelis (=Felis) marmorata......... Marbled cat................... I......................... 7/1/75
Potos flavus.......................... Kinkajou...................... III (Honduras)............ 4/13/87
Prionailurus (=Felis) bengalensis Leopard cat................... I......................... 7/1/75
bengalensis (Bangladesh, India, and
Thailand populations).
P. bengalensis bengalensis (all other Leopard cat................... II........................ 7/1/75
populations).
P. planiceps.......................... Flat-headed cat............... I......................... 7/1/75
P. rubiginosus (=Felis rubiginosa) Rusty-spotted cat............. I......................... 2/4/77
(Indian population).
Prionodon linsang..................... Banded linsang................ II........................ 7/1/75
P. pardicolor......................... Spotted linsang............... I......................... 7/1/75
Proteles cristatus.................... Aardwolf...................... III (Botswana)............ 4/24/78
Pseudalopex culpaeus.................. Culpeo fox.................... II........................ 6/28/79
P. griseus (=fulvipes)................ Argentine gray fox............ II........................ 6/28/79
P. gymnocercus........................ Pampas fox.................... II........................ 10/22/87
Pteronura brasiliensis................ Giant otter................... I......................... 7/1/75
Puma (=Felis) concolor coryi.......... Florida panther, Florida puma. I......................... 7/1/75
P. concolor costaricensis............. Costa Rican puma.............. I......................... 7/1/75
P. concolor couguar................... Eastern puma, Adirondack I......................... 7/1/75
cougar.
Selenarctos thibetanus (see Ursus
thibetanus)
Speothos venaticus.................... Bush dog...................... I......................... 2/4/77
Tremarctos ornatus.................... Spectacled bear............... I......................... 2/4/77
Uncia uncia........................... Snow leopard.................. I......................... 7/1/75
Ursidae spp. (all species in family Bears......................... II........................ 6/11/92
except those in App. I or with
earlier date in App. II; includes
Baltic States and former USSR
populations).
Ursus americanus...................... American black bear........... II........................ 9/18/91
U. arctos (all Asian populations, Brown bear.................... II........................ 1/18/90
including populations of Iran, Iraq,
Syria, Turkey, and the former USSR,
except populations and subspecies
listed in App. I).
U. arctos (all European populations European Brown Bear........... II........................ 7/29/83
except Italian population and former
USSR populations).
U. arctos (all North American Brown bear, Grizzly bear...... II........................ 7/1/75
populations except U. a. nelsoni).
U. arctos (all populations of Bhutan, Brown bear.................... I......................... 1/18/90
Mongolia, and China except subspecies
with earlier date).
U. arctos (Italian population)........ European brown bear........... II........................ 7/1/75
U. arctos isabellinus................. Red bear...................... I......................... 6/28/79
U. arctos nelsoni..................... Mexican grizzly bear.......... I......................... 7/1/75
U. arctos pruinosus................... Tibetan blue bear............. I......................... 7/1/75
U. (=Thalarctos) maritimus............ Polar bear.................... II........................ 7/1/75
U. thibetanus (except subspecies Asiatic black bear............ I......................... 6/28/79
listed below).
U. thibetanus gedrosianus............. Baluchistan black bear........ I......................... 2/4/77
Viverra civettina (=megaspila)........ Malabar large-spotted civet... III (India)............... 3/16/89
V. zibetha............................ Large Indian civet............ III (India)............... 3/16/89
Viverricula indica.................... Lesser oriental civet, Small III (India)............... 3/16/89
Indian civet.
Vulpes bengalensis.................... Bengal fox.................... III (India)............... 3/16/89
V. cana............................... Blanford's fox................ II........................ 2/4/77
V. vulpes griffithi................... Griffith's red fox............ III (India)............... 3/16/89
V. vulpes montana..................... Montane red fox............... III (India)............... 3/16/89
V. vulpes pusilla (= leucopus)........ Little red fox................ III (India)............... 3/16/89
V. (=Fennecus) da..................... Fennec fox.................... II........................ 4/22/76
Order Pinnipedia: Seals, Sea lions:
Arctocephalus spp. (except species Southern fur seals............ II........................ 2/4/77
listed below).
A. australis.......................... Southern fur seal............. II........................ 7/1/75
A. galapagoensis...................... Galapagos fur seal............ II........................ 7/1/75
A. philippii.......................... Juan Fernandez fur seal....... II........................ 7/1/75
A. townsendi.......................... Guadalupe fur seal............ I......................... 7/1/75
Mirounga leonina...................... Southern elephant seal........ II........................ 7/1/75
[[Page 100]]
Monachus spp.......................... Monk seals.................... I......................... 7/1/75
Odobenus rosmarus..................... Walrus........................ III (Canada).............. 11/16/75
Order Proboscidea: Elephants:
Elephas maximus....................... Asian elephant................ I......................... 7/1/75
Loxodonta africana [except populations African elephant.............. I......................... 2/4/77
of Botswana, Namibia, South Africa,
and Zimbabwe].
L. africana [only the populations of African elephant.............. II........................ 2/4/77
Botswana, Namibia, South Africa and
Zimbabwe, to allow: (1) Export of
hunting trophies for noncommercial
purposes; (2) export of live animals
to appropriate and acceptable
destinations (Namibia: for
noncommercial purposes only; South
Africa: for reintroduction purposes);
(3) export of hides and leather goods
(South Africa and Zimbabwe); (4)
export of ivory carvings for
noncommercial purposes (Zimbabwe
only); (5) export of ivory tusks from
Kruger National Park (South Africa;
zero quota)].
Order Sirenia: Dugongs, Manatees:
Dugong dugon.......................... Dugong........................ I......................... 7/1/75
Trichechus inunguis................... South American manatee, I......................... 7/1/75
Amazonian manatee.
T. manatus............................ West Indian manatee........... I......................... 7/1/75
T. senegalensis....................... West African manatee.......... II........................ 7/1/75
Order Perissodactyla: Odd-toed ungulates:
Ceratotherium simum cottoni........... Northern white rhinoceros..... I......................... 7/1/75
C. s. simum (population of South Southern white rhinoceros..... II........................ 2/4/77
Africa) (no trade allowed, except for
hunting trophies and for the sale of
live animals to appropriate and
acceptable destinations).
Dicerorhinus (=Didermocerus) Sumatran rhinoceros........... I......................... 7/1/75
sumatrensis.
Diceros bicornis...................... Black rhinoceros.............. I......................... 7/1/75
Equus africanus (=E. asinus).......... African wild ass.............. I......................... 7/29/83
E. grevyi............................. Grevy's zebra................. I......................... 6/28/79
E. hemionus (except subspecies listed Asian wild ass................ II........................ 7/1/75
below).
E. hemionus hemionus.................. Asian wild ass................ I......................... 7/1/75
E. hemionus khur (see E. onager khur)
E. kiang (=hemionus) (except Kiang......................... II........................ 7/1/75
subspecies listed below).
E. kiang khur (see E. onager khur)
E. onager (=hemionus) (except Onager........................ II........................ 7/1/75
subspecies listed below).
E. onager khur........................ Onager........................ I......................... 7/1/75
E. przewalskii........................ Przewalski's horse............ I......................... 7/1/75
E. zebra hartmannae................... Hartmann's mountain zebra..... II........................ 6/28/79
E. zebra zebra........................ Cape mountain zebra........... I......................... 7/1/75
Rhinocerotidae spp. (all species and Rhinoceroses.................. I......................... 2/4/77
populations in the family except
those in App. II or with earlier date
in App. I).
Rhinoceros sondaicus.................. Javan rhinoceros.............. I......................... 7/1/75
R. unicornis.......................... Great Indian one-horned I......................... 7/1/75
rhinoceros.
Tapirus spp. (except for species Tapirs........................ I......................... 7/1/75
listed below).
T. terrestris......................... South American tapir.......... II........................ 7/1/75
Order Artiodactyla: Even-toed ungulates:
Addax nasomaculatus................... Addax......................... I......................... 7/1/75
Ammotragus lervia..................... Barbary sheep, Aoudad......... II........................ 4/22/76
Antilocapra americana (Mexican Mexican pronghorn............. I......................... 7/1/75
population).
Antilope cervicapra................... Blackbuck antelope............ III (Nepal)............... 11/16/75
Axis porcinus annamiticus............. Indochina hog deer............ I......................... 7/1/75
A. porcinus calamianensis............. Calamianes deer............... I......................... 7/1/75
A. porcinus kuhli..................... Kuhl's deer, Bawean hog deer.. I......................... 7/1/75
Babyrousa babyrussa................... Babirusa...................... I......................... 7/1/75
Blastocerus dichotomus................ Marsh deer.................... I......................... 7/1/75
Bison bison athabascae................ Wood bison.................... II........................ 7/1/75
Boocercus (see Tragelaphus)
Bos frontalis (see B. gaurus)
B. gaurus (excluding domestic forms).. Seladang, Gaur................ I......................... 7/1/75
B. grunniens (see B. mutus)
B. mutus (excluding domestic forms)... Wild yak...................... I......................... 7/1/75
B. (=Novibos) sauveli................. Kouprey....................... I......................... 7/1/75
Bubalus arnee (formerly listed as B. Water buffalo................. III (Nepal)............... 11/16/75
bubalis, a non-protected,
domesticated form).
[[Page 101]]
B. (=Anoa) depressicornis............. Lowland anoa.................. I......................... 7/1/75
B. (=Anoa) mindorensis................ Tamaraw....................... I......................... 7/1/75
B. (=Anoa) quarlesi................... Mountain anoa................. I......................... 7/1/75
Budorcas taxicolor.................... Takin......................... II........................ 8/1/85
Capra falconeri....................... Markhor....................... I......................... 7/1/75
Capricornis sumatraensis (see
Naemorhedus sumatraensis)
Catagonus wagneri..................... Chacoan peccary, Giant peccary I......................... 10/22/87
Cephalophus dorsalis.................. Bay duiker.................... II........................ 7/29/83
C. jentinki........................... Jentink's duiker.............. I......................... 7/29/83
C. monticola.......................... Blue duiker................... II........................ 7/1/75
C. ogilbyi............................ Ogilby's duiker............... II........................ 7/29/83
C. sylvicultor........................ Yellow-backed duiker.......... II........................ 7/29/83
C. zebra.............................. Zebra-banded duiker........... II........................ 7/29/83
Cervus dama mesopotamicus (see Dama
mesopotamica)
C. duvaucelii......................... Swamp deer.................... I......................... 7/1/75
C. elaphus bactrianus................. Bactrian deer................. II........................ 7/1/75
C. elaphus barbarus................... Barbary deer.................. III (Tunisia)............. 4/22/76
C. elaphus hanglu..................... Kashmir stag.................. I......................... 7/1/75
C. eldii.............................. Eld's brow-antlered deer...... I......................... 7/1/75
C. porcinus (see Axis porcinus)
Choeropsis liberiensis (see
Hexaprotodon liberiensis)
Dama mesopotamica..................... Persian fallow deer........... I......................... 2/4/77
Damaliscus dorcas dorcas (see D.
pygargus dorcas)
D. lunatus............................ Sassaby antelope, Korrigum.... III (Ghana)............... 2/26/76
D. pygargus dorcas.................... Bontebok...................... II........................ 7/1/75
Gazella cuvieri (=G. gazella cuvieri). Mountain gazelle.............. III (Tunisia)............. 4/22/76
G. dama............................... Dama gazelle.................. I......................... 7/29/83
G. dorcas............................. Dorcas gazelle................ III (Tunisia)............. 4/22/76
G. leptoceros......................... Slender-horned gazelle........ III (Tunisia)............. 4/22/76
Hexaprotodon liberiensis.............. Pygmy hippopotamus............ II........................ 7/1/75
Hippocamelus spp...................... Huemals....................... I......................... 7/1/75
Hippopotamus amphibius................ Hippopotamus.................. II........................ 2/26/76
Hippotragus niger variani............. Giant sable antelope.......... I......................... 7/1/75
Hyemoschus aquaticus.................. Water chevrotain.............. III (Ghana)............... 2/26/76
Kobus leche........................... Lechwe........................ II........................ 7/1/75
Lama guanicoe......................... Guanaco....................... II........................ 8/12/78
Mazama americana cerasina............. Red brocket deer.............. III (Guatemala)........... 4/23/81
Megamuntiacus vuquanghensis........... Giant muntjac................. I......................... 2/16/95
Moschus spp. (all except populations Musk deer..................... II........................ 2/16/79
in App. I).
Moschus spp. (populations of Musk deer..................... I......................... 7/1/75
Afghanistan, Bhutan, India, Myanmar,
Nepal, and Pakistan).
Muntiacus crinifrons.................. Black muntjac................. I......................... 8/1/85
Naemorhedus baileyi................... Goral......................... I......................... 7/1/75
N. caudatus........................... Goral......................... I......................... 7/1/75
N. sumatraensis....................... Serow......................... I......................... 7/1/75
N. goral.............................. Goral......................... I......................... 7/1/75
Nemorhaedus (see Naemorhedus)
Odocoileus virginianus mayensis....... Whitetail deer................ III (Guatemala)........... 4/23/81
Oryx dammah (=O. tao)................. Scimitar-horned oryx.......... I......................... 7/1/75
O. leucoryx........................... Arabian oryx.................. I......................... 7/1/75
Ovis ammon (except subspecies listed Argali........................ II........................ 7/1/75
below).
O. ammon hodgsonii.................... Tibetan argali................ I......................... 7/1/75
O. ammon nigrimontana................. Kara Tau argali............... I......................... 7/1/75
O. aries ophion (=O. musimon ophion)
(see O. orientalis ophion)
O. canadensis (Mexican population).... Mexican bighorn sheep......... II........................ 7/1/75
O. orientalis ophion.................. Cyprian red sheep............. I......................... 7/1/75
Ovis vignei (except subspecies listed Urial......................... II........................ 7/19/00
below).
O. vignei vignei...................... Ladakh urial.................. I......................... 7/1/75
Ozotoceros bezoarticus................ Pampas deer................... I......................... 7/1/75
Pantholops hodgsonii.................. Tibetan antelope.............. I......................... 7/1/75
Pecari tajacu (except populations of Collared peccary.............. II........................ 10/22/87
the United States and Mexico).
Pseudoryx nghetinhensis............... Vu Quang ox................... I......................... 2/16/95
Pudu mephistophiles................... Northern pudu................. II........................ 7/1/75
P. puda (=P. pudu).................... Pudu.......................... I......................... 7/1/75
Rupicapra pyrenaica (=rupicapra) Apennian chamois.............. I......................... 7/1/75
ornata.
Saiga tatarica........................ Saiga antelope................ II........................ 2/16/95
[[Page 102]]
Sus salvanius......................... Pygmy hog..................... I......................... 7/1/75
Tayassu pecari........................ White-lipped peccary.......... II........................ 10/22/87
T. tajacu (see Pecari tajacu)
Tetracerus quadricornis............... Four-horned antelope.......... III (Nepal)............... 11/16/75
Tragelaphus (=Taurotragus) eurycerus.. Bongo antelope................ III (Ghana)............... 2/26/76
T. spekii............................. Sitatunga antelope............ III (Ghana)............... 2/26/76
Vicugna vicugna (except populations Vicuna........................ I......................... 7/1/75
listed below, under the conditions
specified).
V. vicugna [Argentina: wild Vicuna........................ II........................ 7/1/75
populations of the Province of Jujuy
and the semi-captive populations of
the Provinces of Jujuy, Salta,
Catamarca, La Rioja and San Juan
(export limited to wool sheared from
live animals and to cloth and items
made thereof, including luxury
handicrafts and knitted articles; the
reverse side of cloth and cloth
products must bear the logo adopted
by countries signatory to the
Convenio para la Conservacion y
Manejo de la Vicuna and the words,
``VICUNA-ARGENTINA''; all specimens
not meeting any of the above
conditions shall be deemed to be
specimens of species included in
Appendix I and the trade in them
shall be regulated accordingly)].
V. vicugna [Bolivia: populations of Vicuna........................ II........................ 7/1/75
the Conservation Units of Mauri-
Desaguadero, Ulla Ulla and Lipez-
Chichas (export limited to wool
sheared from live animals and to
cloth and items made thereof,
including luxury handicrafts and
knitted articles; the reverse side of
cloth and cloth products must bear
the logo adopted by countries
signatory to the Convenio para la
Conservacion y Manejo de la Vicuna
and the words, ``VICUNA-BOLIVIA'';
all specimens not meeting any of the
above conditions shall be deemed to
be specimens of species included in
Appendix I and the trade in them
shall be regulated accordingly)].
V. vicugna [Chile: populations of Vicuna........................ II........................ 7/1/75
Paranicota Province, 1a. Region of
Tarapaca (export limited to wool
sheared from live animals and to
cloth and items made thereof,
including luxury handicrafts and
knitted articles; the reverse side of
cloth and cloth products must bear
the logo adopted by countries
signatory to the Convenio para la
Conservacion y Manejo de la Vicuna
and the words, ``VICUNA-CHILE''; all
specimens not meeting any of the
above conditions shall be deemed to
be specimens of species included in
Appendix I and the trade in them
shall be regulated accordingly)].
V. vicugna [Peru: all populations Vicuna........................ II........................ 7/1/75
(export limited to the stock of 3249
kg. extant in November, 1994, to wool
sheared from live animals, and to
cloth and items made thereof,
including luxury handicrafts and
knitted articles; the reverse side of
cloth and cloth products must bear
the logo adopted by countries
signatory to the Convenio para la
Conservacion y Manejo de la Vicuna
and the words, ``VICUNA-PERU-
ARTESANIA''; all specimens not
meeting any of the above conditions
shall be deemed to be specimens of
species included in Appendix I and
the trade in them shall be regulated
accordingly)].
CLASS AVES: BIRDS:
Order Struthioniformes: Ostriches:
Struthio camelus (populations of Ostrich....................... I......................... 7/29/83
Algeria, Burkina Faso, Cameroon,
Central African Republic, Chad, Mali,
Mauritania, Morocco, Niger, Nigeria,
Senegal, and Sudan).
Order Rheiformes Rheas:
Pterocnemia pennata (see Rhea pennata)
Rhea americana (all subspecies except Greater rhea, Common rhea..... II........................ 7/14/76
that with earlier date in App. II).
[[Page 103]]
R. americana albescens................ Greater rhea.................. II........................ 7/1/75
R. pennata (except subspecies listed Lesser rhea................... I......................... 6/28/79
below).
R. pennata garleppi................... Lesser rhea................... I......................... 7/1/75
R. pennata pennata (Argentina only)... Darwin's rhea................. II........................ 7/1/75
R. pennata pennata (except population Darwin's rhea................. I......................... 7/1/75
of Argentina).
Order Tinamiformes: Tinamous:
Tinamus solitarius.................... Solitary tinamou.............. I......................... 7/1/75
Order Sphenisciformes: Penguins:
Spheniscus demersus................... Jackass penguin, Blackfooted II........................ 7/1/75
Cape penguin.
S. humboldti.......................... Humboldt penguin.............. I......................... 6/6/81
Order Podicipediformes: Grebes:
Podilymbus gigas...................... Atitlan grebe................. I......................... 7/1/75
Order Procellariiformes: Albatrosses, Shearwaters,
Petrels:
Diomedea albatrus..................... Short-tailed albatross........ I......................... 7/1/75
Order Pelecaniformes: Tropicbirds, Pelicans,
Frigatebirds:
Fregata andrewsi...................... Andrew's frigatebird.......... I......................... 7/1/75
Papasula abbotti...................... Abbott's booby................ I......................... 7/1/75
Pelecanus crispus..................... Dalmatian pelican............. I......................... 7/1/75
Sula abbotti (see Papasula abbotti)
Order Ciconiiformes: Herons, Storks, Ibises,
Flamingos:
Ardea goliath......................... Goliath heron................. III (Ghana)............... 2/26/76
Balaeniceps rex....................... Whale-headed stork............ II........................ 10/22/87
Bostrychia hagedash................... Hadada ibis................... III (Ghana)............... 2/26/76
B. rara............................... Spotted-breasted ibis......... III (Ghana)............... 2/26/76
Bubulcus (=Ardeola) ibis.............. Cattle egret.................. III (Ghana)............... 2/26/76
Casmerodius (=Egretta) albus.......... Great white egret............. III (Ghana)............... 2/26/76
Ciconia boyciana...................... Oriental white stork.......... I......................... 7/1/75
C. ciconia boyciana (see C. boyciana)
C. nigra.............................. Black stork................... II........................ 7/1/75
Egretta garzetta...................... Little egret.................. III (Ghana)............... 2/26/76
Ephippiorhynchus senegalensis......... Saddlebill stork.............. III (Ghana)............... 2/26/76
Eudocimus ruber....................... Scarlet ibis.................. II........................ 10/22/87
Geronticus calvus..................... Southern bald ibis............ II........................ 7/1/75
G. eremita............................ Northern bald ibis, Hermit I......................... 6/28/79
ibis.
Hagedashia hagedash (see Bostrychia
hagedash)
Jabiru mycteria....................... Jabiru........................ I......................... 8/1/85
Lampribis rara (see Bostrychia rara)
Leptoptilos crumeniferus.............. Marabou stork................. III (Ghana)............... 2/26/76
Mycteria cinerea...................... Milky wood stork.............. I......................... 10/22/87
Nipponia nippon....................... Japanese crested ibis......... I......................... 7/1/75
Phoenicopteridae spp. (except species Flamingos..................... II........................ 7/29/83
or populations with an earlier date
in App. II).
Phoenicopterus andinus................ Andean flamingo............... II........................ 7/1/75
P. chilensis.......................... Chilean flamingo.............. II........................ 7/1/75
P. jamesi............................. James flamingo................ II........................ 7/1/75
P. ruber ruber........................ American flamingo............. II........................ 6/28/79
Platalea leucorodia................... White spoonbill............... II........................ 7/1/75
Threskiornis aethiopicus.............. Sacred ibis................... III (Ghana)............... 2/26/76
Order Anseriformes: Ducks, Geese, Swans, Screamers:
Alopochen aegyptiacus................. Egyptian goose................ III (Ghana)............... 2/26/76
Anas acuta............................ Northern pintail.............. III (Ghana)............... 2/26/76
A. aucklandica (=chlorotis, =nesiotis) Brown teal.................... I......................... 7/1/75
A. bernieri........................... Madagascar teal............... II........................ 7/1/75
A. capensis........................... Cape wigeon................... III (Ghana)............... 2/26/76
A. chlorotis (see A. aucklandica)
A. clypeata........................... Northern shoveler............. III (Ghana)............... 2/26/76
A. crecca............................. Green-winged teal............. III (Ghana)............... 2/26/76
A. formosa............................ Baikal teal................... II........................ 6/11/92
A. laysanensis (=A. platyrhynchos Laysan duck................... I......................... 7/1/75
laysanensis).
A. nesiotis (see A. aucklandica)
A. oustaleti (=A. platyrhynchos Marianas mallard.............. I......................... 7/1/75
oustaleti).
A. penelope........................... Europeon wigeon............... III (Ghana)............... 2/26/76
A. querquedula........................ Garganey...................... III (Ghana)............... 2/26/76
Aythya nyroca......................... White-eyed pochard............ III (Ghana)............... 2/26/76
Branta canadensis leucopareia......... Aleutian Canada goose......... I......................... 7/1/75
B. ruficollis......................... Red-breasted goose............ II........................ 7/1/75
B. (=Nesochen) sandvicensis........... Hawaiian goose, Nene.......... I......................... 7/1/75
Cairina moschata...................... Muscovy duck.................. III (Honduras)............ 4/13/87
C. scutulata.......................... White-winged duck............. I......................... 7/1/75
Coscoroba coscoroba................... Coscoroba swan................ II........................ 7/1/75
Cygnus melanocorypha.................. Black-necked swan............. II........................ 7/1/75
[[Page 104]]
Dendrocygna arborea................... Cuban tree duck, West Indian II........................ 7/1/75
whistling-duck.
D. autumnalis......................... Black-bellied whistling-duck.. III (Honduras)............ 4/13/87
D. bicolor (=fulva)................... Fulvous whistling-duck........ III (Ghana and Honduras).. 2/26/76
D. viduata............................ White-faced whistling-duck.... III (Ghana)............... 2/26/76
Nettapus auritus...................... African pygmy goose........... III (Ghana)............... 2/26/76
Oxyura leucocephala................... White-headed duck............. II........................ 7/29/83
Plectropterus gambensis............... Spur-winged goose............. III (Ghana)............... 2/26/76
Pteronetta hartlaubii................. Hartlaub's duck............... III (Ghana)............... 2/26/76
Rhodonessa caryophyllacea............. Pink-headed duck.............. I pe...................... 7/1/75
Sarkidiornis melanotos................ Comb duck..................... II........................ 7/1/75
Order Falconiformes: Hawks, Falcons, Vultures,
Eagles:
All species except those in App. I, or All species except New World II........................ 6/28/79
with earlier date in App. II, and vultures not specifically
except Cathartidae species not listed below.
specifically listed below.
Accipitridae spp. (all South American Hawks, Harriers............... II........................ 10/28/76
populations).
Accipiter gentilis.................... Northern goshawk.............. II........................ 2/4/77
A. gundlachi.......................... Gundlach's hawk............... II........................ 2/4/77
A. nisus.............................. European sparrow hawk......... II........................ 2/4/77
Aegypius monachus..................... European black vulture, II........................ 2/4/77
Cinerous vulture.
Aquila spp. (all species except those Eagles........................ II........................ 2/4/77
in App. I or with earlier date in
App. II).
A. adalberti (=A. heliaca adalberti).. Imperial eagle................ I......................... 2/4/77
A. chrysaetos......................... Golden eagle.................. II........................ 7/1/75
A. heliaca............................ Imperial eagle................ I......................... 2/4/77
Chondrohierax uncinatus wilsonii...... Cuban hook-billed kite........ I......................... 2/4/77
Circaetus spp......................... Snake-eagles.................. II........................ 2/4/77
Circus spp............................ Harriers...................... II........................ 2/4/77
Falconidae spp. (all species in family Falcons, Caracaras............ II........................ 7/1/75
except those in App. I).
Falco araea........................... Seychelles kestrel............ I......................... 7/1/75
F. jugger............................. Laggar falcon................. I......................... 7/1/75
F. newtoni (Seychelles population) Aldabra kestrel............... I......................... 7/1/75
(=F.newtoni aldabranus).
F. pelegrinoides (=F. peregrinus Barbary falcon................ I......................... 7/1/75
pelegrinoides).
F. peregrinus......................... Peregrine falcon.............. I......................... 7/1/75
F. punctatus.......................... Mauritius kestrel............. I......................... 7/1/75
F. rusticolus......................... Gyrfalcon..................... I......................... 7/1/75
Gymnogyps californianus............... California condor............. I......................... 7/1/75
Gypaetus barbatus..................... Lammergeier................... II........................ 2/4/77
Gyps fulvus........................... Griffon vulture............... II........................ 2/4/77
Haliaeetus spp. (except species in Sea-eagles, Fish-eagles....... II........................ 2/4/77
App. I).
H. albicilla (except subspecies listed White-tailed eagle............ I......................... 2/4/77
below).
H. albicilla greenlandicus............ Greenland white-tailed sea- I......................... 7/1/75
eagle.
H. leucocephalus (except subspecies Bald eagle.................... I......................... 2/4/77
listed below).
H. leucocephalus leucocephalus........ Southern bald eagle........... I......................... 7/1/75
Harpia harpyja........................ Harpy eagle................... I......................... 7/1/75
Harpyopsis novaeguineae............... New Guinea harpy eagle........ II........................ 2/4/77
Milvus milvus......................... Red kite...................... II........................ 2/4/77
Pandion haliaetus..................... Osprey........................ II........................ 2/4/77
Pithecophaga jefferyi................. Monkey-eating eagle........... I......................... 7/1/75
Sagittarius serpentarius.............. Secretary bird................ II........................ 2/26/76
Sarcoramphus papa..................... King vulture.................. III (Honduras)............ 4/13/87
Vultur gryphus........................ Andean condor................. I......................... 7/1/75
Order Galliformes: Pheasants, Curassows,
Megapodes, Hoatzin:
Aburria (see Pipile)
Agelastes meleagrides................. White-breasted guineafowl..... III (Ghana)............... 2/26/76
Agriocharis ocellata.................. Ocellated turkey.............. III (Guatemala)........... 4/23/81
Arborophila orientalis Bar-backed partridge, Bare- III (Malaysia)............ 11/13/86
(=brunneopectus). throated tree-partridge.
A. (=Tropicoperdix) charltonii........ Scaly-breasted partridge, III (Malaysia)............ 11/13/86
Chestnut-breasted tree-
partridge.
Argusianus argus...................... Great argus pheasant.......... II........................ 7/1/75
Caloperdix oculea..................... Ferruginous wood-partridge.... III (Malaysia)............ 11/13/86
Catreus wallichi...................... Cheer pheasant................ I......................... 7/1/75
Colinus virginianus ridgwayi.......... Masked bobwhite............... I......................... 7/1/75
Crax alberti.......................... Blue-knobbed curassow......... III (Colombia)............ 9/21/88
C. blumenbachii....................... Red-billed curassow........... I......................... 7/1/75
[[Page 105]]
C. daubentoni......................... Yellow-knobbed curassow....... III (Colombia)............ 9/21/88
C. globulosa.......................... Wattled curassow.............. III (Colombia)............ 9/21/88
C. mitu mitu (see Mitu mitu mitu)
C. pauxi (see Pauxi pauxi)
C. rubra.............................. Great curassow................ III (Colombia, Costa Rica, 10/28/76
Guatemala, and Honduras).
Crossoptilon crossoptilon............. White-eared pheasant.......... I......................... 7/1/75
C. harmani (=C. crossoptilon harmani). Elwes's eared-pheasant........ I......................... 7/1/75
C. mantchuricum....................... Brown-eared pheasant.......... I......................... 7/1/75
Gallus sonneratii..................... Gray jungle fowl.............. II........................ 7/1/75
Ithaginis cruentus.................... Blood pheasant................ II........................ 7/1/75
Lophophorus impejanus................. Himalayan monal............... I......................... 7/1/75
L. lhuysii............................ Chinese monal................. I......................... 7/1/75
L. sclateri........................... Sclater's monal............... I......................... 7/1/75
Lophura edwardsi...................... Edward's pheasant............. I......................... 7/1/75
L. erythrophthalma.................... Crestless fireback............ III (Malaysia)............ 11/13/86
L. ignita............................. Crested fireback.............. III (Malaysia)............ 11/13/86
L. imperialis......................... Imperial pheasant............. I......................... 7/1/75
L. swinhoii........................... Swinhoe's pheasant............ I......................... 7/1/75
Macrocephalon maleo................... Maleo megapode................ I......................... 7/1/75
Melanoperdix nigra.................... Black wood-partridge.......... III (Malaysia)............ 11/13/86
Mitu mitu mitu........................ Mitu, Razor-billed curassow... I......................... 7/1/75
Oreophasis derbianus.................. Horned guan................... I......................... 7/1/75
Ortalis vetula........................ Plain chachalaca.............. III (Guatemala, Honduras). 4/23/81
Pauxi pauxi........................... Northern helmeted curassow.... III (Colombia)............ 9/21/88
Pavo muticus.......................... Green peafowl................. II........................ 2/4/77
Penelope albipennis................... White-winged guan............. I......................... 6/6/81
P. purpurascens....................... Northern crested guan......... III (Honduras)............ 4/13/87
Penelopina nigra...................... Black chachalaca, Highland III (Guatemala)........... 4/23/81
guan.
Pipile jacutinga...................... Black-fronted piping-guan..... I......................... 7/1/75
P. pipile pipile...................... Trinidad white-headed curassow I......................... 7/1/75
Polyplectron bicalcaratum............. Gray peacock-pheasant......... II........................ 7/1/75
P. emphanum........................... Palawan peacock-pheasant...... I......................... 7/1/75
P. germaini........................... Germain's peacock-pheasant.... II........................ 7/1/75
P. inopinatum......................... Rothschild's peacock-pheasant, III (Malaysia)............ 11/13/86
Mountain peacock pheasant.
P. malacense.......................... Malaysian peacock-pheasant.... II........................ 7/1/75
P. schleiermacheri (=P. malacense Bornean peacock-pheasant...... II........................ 7/1/75
schleiermacheri).
Rheinardia ocellata (=R. nigrescens).. Rheinard's crested argus, I......................... 11/13/86
Crested argus pheasant.
Rhizothera longirostris............... Long-billed wood-partridge.... III (Malaysia)............ 11/13/86
Rollulus roulroul..................... Crested wood-partridge, III (Malaysia)............ 11/13/86
Roulroul, Green-winged wood
partridge.
Syrmaticus ellioti.................... Elliot's pheasant............. I......................... 7/1/75
S. humiae............................. Bar-tailed pheasant........... I......................... 7/1/75
S. mikado............................. Mikado pheasant............... I......................... 7/1/75
Tetraogallus caspius.................. Caspian snowcock.............. I......................... 7/1/75
T. tibetanus.......................... Tibetan snowcock.............. I......................... 7/1/75
Tragopan blythii...................... Blyth's tragopan.............. I......................... 7/1/75
T. caboti............................. Cabot's tragopan.............. I......................... 7/1/75
T. melanocephalus..................... Western tragopan.............. I......................... 7/1/75
T. satyra............................. Satyr tragopan................ III (Nepal)............... 11/16/75
Tympanuchus cupido attwateri.......... Attwater's greater prairie I......................... 7/1/75
chicken.
Order Gruiformes: Cranes, Rails, Bustards:
Anthropoides (see Grus)
Ardeotis nigriceps.................... Great Indian bustard.......... I......................... 7/1/75
Balearica regulorum................... Crowned crane................. II........................ 7/1/75
Chlamydotis undulata.................. Houbara bustard............... I......................... 7/1/75
Choriotis (see Ardeotis)
Eupodotis bengalensis................. Bengal florican............... I......................... 7/1/75
Gallirallus sylvestris................ Lord Howe wood rail........... I......................... 7/1/75
Gruidae spp. (all species and Cranes........................ II........................ 8/1/85
subspecies except those in App. I and
those with earlier date in App. II).
Grus americana........................ Whooping Crane................ I......................... 7/1/75
G. canadensis nesiotes................ Cuba sandhill crane........... I......................... 7/1/75
[[Page 106]]
G. canadensis pratensis............... Florida sandhill crane........ II........................ 7/1/75
G. canadensis pulla................... Mississippi sandhill crane.... I......................... 7/1/75
G. japonensis......................... Manchurian crane.............. I......................... 7/1/75
G. leucogeranus....................... Siberian white crane.......... I......................... 7/1/75
G. monacha............................ Hooded crane.................. I......................... 7/1/75
G. nigricollis........................ Black-necked crane............ I......................... 7/1/75
G. vipio.............................. White-naped crane............. I......................... 7/1/75
G. virgo.............................. Demoiselle crane.............. II........................ 7/29/83
Houbaropsis (see Eupodotis)
Otididae spp. (all species except Bustards...................... II........................ 10/22/87
those in App. I or with earlier date
in App. II).
Otis tarda............................ Great bustard................. II........................ 7/1/75
Rhynochetos jubatus................... Kagu.......................... I......................... 7/1/75
Tricholimnas sylvestris (see
Gallirallus sylvestris)
Order Charadriiformes: Shorebirds, Gulls, Terns,
Skimmers, Auks:
Burhinus bistriatus................... Double-striped thick-knee, III (Guatemala)........... 4/23/81
Mexican stone curlew.
Larus relictus........................ Relict gull................... I......................... 7/1/75
Numenius borealis..................... Eskimo curlew................. I......................... 7/1/75
N. tenuirostris....................... Slender-billed curlew......... I......................... 7/1/75
Tringa guttifer....................... Nordmann's greenshank......... I......................... 7/1/75
Order Columbiformes: Pigeons, Doves, Sand-grouse:
Caloenas nicobarica................... Nicobar pigeon................ I......................... 6/28/79
Columba guinea........................ Speckled pigeon............... III (Ghana)............... 2/26/76
C. iriditorques....................... Bronze-necked pigeon, Bronze- III (Ghana)............... 2/26/76
naped pigeon.
C. livia.............................. Rock dove..................... III (Ghana)............... 2/26/76
C. mayeri............................. Pink pigeon................... III (Mauritius)........... 12/4/75
C. unicincta.......................... African wood pigeon........... III (Ghana)............... 2/26/76
Ducula mindorensis.................... Mindoro imperial pigeon....... I......................... 7/1/75
Gallicolumba luzonica................. Bleeding-heart pigeon......... II........................ 7/1/75
Goura spp............................. Crowned pigeons............... II........................ 7/1/75
Nesoenas mayeri (see Columba mayeri)
Oena capensis......................... Namaqua dove, Masked dove..... III (Ghana)............... 2/26/76
Streptopelia decipiens................ African mourning dove, III (Ghana)............... 2/26/76
Mourning collared dove.
S. roseogrisea........................ African turtle dove, African III (Ghana)............... 2/26/76
collared dove.
S. semitorquata....................... Red-eyed dove................. III (Ghana)............... 2/26/76
S. senegalensis....................... Laughing dove................. III (Ghana)............... 2/26/76
S. turtur............................. Turtle dove................... III (Ghana)............... 2/26/76
S. vinacea............................ Vinaceous dove................ III (Ghana)............... 2/26/76
Treron calva.......................... African green pigeon.......... III (Ghana)............... 2/26/76
T. waalia............................. Yellow-bellied green pigeon... III (Ghana)............... 2/26/76
Turtur abyssinicus.................... Black-billed wood dove........ III (Ghana)............... 2/26/76
T. afer............................... Blue-spotted wood dove........ III (Ghana)............... 2/26/76
T. brehmeri........................... Blue-headed wood dove......... III (Ghana)............... 2/26/76
T. tympanistria....................... Tambourine dove............... III (Ghana)............... 2/26/76
Order Psittaciformes: Parrots, Parakeets, Macaws,
Lories, Cockatoos, etc.:
All species in order except those in All Parrots, Parakeets, II........................ 6/6/81
App. I or with earlier date in App. Macaws, Lories, Cockatoos,
II, and except Melopsittacus etc. not listed below (not
undulatus, Nymphicus hollandicus, and including the Budgerigar,
Psittacula krameri. However, the Cockatiel, and Rose-ringed
latter is listed separately in App. parakeet).
III.
Amazona arausiaca..................... Red-necked parrot............. I......................... 6/6/81
A. barbadensis........................ Yellow-shouldered parrot...... I......................... 6/6/81
A. brasiliensis....................... Red-tailed parrot............. I......................... 6/6/81
A. dufresniana rhodocorytha (see A.
rhodocorytha)
A. guildingii......................... St. Vincent parrot............ I......................... 7/1/75
A. imperialis......................... Imperial parrot, Sisserou..... I......................... 7/1/75
A. leucocephala....................... Cuban parrot.................. I......................... 7/1/75
A. pretrei............................ Red-spectacted parrot......... I......................... 7/1/75
A. rhodocorytha....................... Red-browed parrot............. I......................... 7/1/75
A. tucumana........................... Tucuman parrot................ I......................... 6/6/81
A. versicolor......................... St. Lucia parrot.............. I......................... 7/1/75
A. vinacea............................ Vinaceous parrot.............. I......................... 7/1/75
A. viridigenalis...................... Red-crowned (= Green-cheeked) I......................... 6/6/81
parrot.
A. vittata............................ Puerto Rican parrot........... I......................... 7/1/75
Anodorhynchus glaucus................. Glaucous macaw................ I......................... 7/1/75
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A. hyacinthinus....................... Hyacinth macaw................ I......................... 6/6/81
A. leari.............................. Lear's macaw, Indigo macaw.... I......................... 7/1/75
Ara ambigua........................... Buffon's macaw, Great green I......................... 10/28/76
macaw.
A. glaucogularis...................... Caninde macaw................. I......................... 6/6/81
A. macao.............................. Scarlet macaw................. I......................... 10/28/76
A. maracana........................... Illiger's macaw............... I......................... 6/6/81
A. militaris.......................... Military macaw................ I......................... 6/6/81
A. rubrogenys......................... Red-fronted macaw............. I......................... 6/6/81
Aratinga guarouba..................... Golden parakeet............... I......................... 7/1/75
Cacatua goffini....................... Goffin's cockatoo............. I......................... 6/6/81
C. haematuropygia..................... Red-vented cockatoo........... I......................... 6/6/81
C. moluccensis........................ Moluccan cockatoo............. I......................... 6/6/81
C. (=Kakatoe) tenuirostris............ Long-billed corella, Slender- II........................ 2/4/77
billed cockatoo.
Calyptorhynchus lathami............... Glossy black cockatoo......... II........................ 2/4/77
Coracopsis nigra (Seychelles Seychelles vasa parrot........ II........................ 7/1/75
population).
Cyanoliseus patagonus byroni.......... Burrowing parakeet............ II........................ 6/28/79
Cyanopsitta spixii.................... Spix's macaw.................. I......................... 7/1/75
Cyanoramphus auriceps forbesi......... Forbes' parakeet, Yellow- I......................... 7/1/75
fronted parakeet.
C. auriceps malherbi.................. Orange-fronted parakeet....... II........................ 7/1/75
C. cookii............................. Norfolk parakeet.............. I......................... 7/1/75
C. malherbi (see C. auriceps malherbi)
C. novaezelandiae..................... New Zealand parakeet, Red- I......................... 7/1/75
fronted parakeet.
C. unicolor........................... Antipodes green parakeet...... II........................ 7/1/75
Cyclopsitta diophthalma coxeni........ Coxen's fig parrot............ I......................... 2/4/77
Eos histrio........................... Red and blue lory............. I......................... 6/6/81
Eunymphicus cornutus (except Horned parakeet................ II........................ 7/1/75
subspecies listed below).
Eunymphicus cornutus cornutus......... Horned parakeet................ I......................... 7/1/75
Eunymphicus cornutus uveaensis........ Horned parakeet................ I......................... 7/1/75
Geopsittacus occidentalis (see
Pezoporus occidentalis)
Neophema chrysogaster................. Orange-bellied parakeet....... I......................... 7/1/75
N. splendida.......................... Scarlet-chested parakeet...... II........................ 7/1/75
Northiella haematogaster narethae..... Blue-bonnet parrot............ II........................ 2/4/77
Ognorhynchus icterotis................ Yellow-eared parrot........... I......................... 6/6/81
Opopsitta (see Cyclopsitta)
Pezoporus occidentalis................ Night parrot, Australian night I pe...................... 7/1/75
parrot.
P. wallicus........................... Ground parrot................. I......................... 2/4/77
Pionopsitta pileata................... Red-capped parrot, Pileated I......................... 7/1/75
parrot.
Poicephalus robustus.................. Cape parrot................... II........................ 7/1/75
Polytelis alexandrae.................. Princess parrot............... II........................ 2/4/77
Probosciger aterrimus................. Great black cockatoo, Palm I......................... 7/1/75
cockatoo.
Prosopeia personata................... Masked shining parrot, Yellow- II........................ 7/1/75
breasted musk parrot.
Psephotus chrysopterygius............. Golden-shouldered parakeet.... I......................... 7/1/75
P. dissimilis......................... Hooded parrot................. I......................... 7/1/75
P. pulcherrimus....................... Paradise parakeet............. I pe...................... 7/1/75
P. haematogaster narethae (see
Northiella)
Psittacula echo (=P. krameri echo).... Rose-ringed parakeet.......... I......................... 7/1/75
P. krameri............................ Ring-neck parakeet............ III (Ghana)............... 2/26/76
Psittacus erithacus princeps.......... Principe parrot............... II........................ 7/1/75
Pyrrhura cruentata.................... Blue-throated parakeet, Ochre- I......................... 7/1/75
marked parakeet.
Rhynchopsitta pachyrhyncha............ Thick-billed parrot........... I......................... 7/1/75
R. terrisi (=R. pachyrhyncha terrisi). Maroon-fronted parrot......... I......................... 6/6/81
Strigops habroptilus.................. Kakapo, Owl parrot............ I......................... 7/1/75
Tanygnathus lucionensis............... Blue-naped parrot............. II........................ 2/4/77
Vini ultramarina...................... Ultramarine lorikeet.......... I......................... 6/6/81
Order Cuculiformes: Cuckoos, Plantain-eaters,
Turacos:
Corythaeola cristata.................. Great blue turaco............. III (Ghana)............... 2/4/77
Crinifer piscator..................... Gray plantain eater........... III (Ghana)............... 2/4/77
Musophaga (=Tauraco, =Gallirex) Violet-crested turaco......... II........................ 7/1/75
porphyreolopha.
M. violacea........................... Violet turaco................. III (Ghana)............... 2/4/77
Tauraco spp. (except those with Turacos, Louries.............. II........................ 2/16/95
earlier date in App. II or III).
T. corythaix.......................... Knysna turaco................. II........................ 2/4/77
T. macrorhynchus...................... Yellow-billed turaco.......... II........................ 2/4/77
[[Page 108]]
Order Strigiformes: Owls:
All species except those in App. I or All Owls not listed below..... II........................ 6/28/79
with earlier date in App. II.
Athene blewitti....................... Forest little owl, Forest I......................... 6/28/79
spotted owlet.
Bubo ascalaphus....................... Pharaoh eagle owl............. II........................ 2/4/77
B. bengalensis........................ Rock eagle owl................ II........................ 2/4/77
B. bubo............................... Eurasian eagle owl............ II........................ 2/4/77
Mimizuku gurneyi...................... Giant scops owl............... I......................... 7/1/75
Ninox novaeseelandiae undulata........ Great hawk-owl................ I......................... 2/4/77
N. squamipila natalis................. Great hawk-owl, Moluccan hawk- I......................... 2/4/77
owl.
Nyctea scandiaca...................... Snowy owl..................... II........................ 2/4/77
Otus gurneyi (see Mimizuku gurneyi)
O. nudipes newtoni.................... Virgin Island screech owl..... II........................ 7/1/75
Strigidae (all species native to Owls.......................... II........................ 2/26/76
Ghana).
Strix butleri......................... Hume's wood owl............... II........................ 2/4/77
S. nebulosa........................... Great gray owl................ II........................ 11/16/75
Tytonidae (all species native to Barn owls..................... II........................ 2/26/76
Ghana).
Tyto soumagnei........................ Madagascar red owl............ I......................... 2/4/77
Order Apodiformes: Swifts, Hummingbirds:
Glaucis (see Ramphodon)
Ramphodon dohrnii..................... Hook-billed hermit............ I......................... 7/1/75
Trochilidae spp....................... Hummingbirds.................. II........................ 10/22/87
Order Trogoniformes: Trogons:
Pharomachrus mocinno.................. Resplendent quetzal........... I......................... 7/1/75
Order Coraciiformes: Hornbills, Kingfishers,
Rollers, Bee-eaters, Motmots:
Aceros spp. (all species except those Hornbills..................... II........................ 6/11/92
in App. I or with earlier date in
App. II).
A. narcondami......................... Narcondam hornbill............ II........................ 7/1/75
A. nipalensis......................... Rufous-necked hornbill........ I......................... 6/11/92
A. subruficollis...................... Plain-pouched hornbill........ I......................... 6/11/92
Anorrhinus (=Ptilolaemus) spp......... Hornbills..................... II........................ 6/11/92
Anthracoceros spp..................... Hornbills, Pied hornbills..... II........................ 6/11/92
Buceros spp. (all species and Giant hornbills............... II........................ 6/11/92
subspecies except those in App. I or
with earlier date in App. II).
B. bicornis........................... Great hornbill................ I......................... 7/1/75
B. hydrocorax hydrocorax.............. Luzon-Marinduque rufous II........................ 7/1/75
hornbill.
B. rhinoceros (except subspecies with Rhinoceros hornbill........... II........................ 1/18/90
earlier date).
B. rhinoceros rhinoceros.............. Malay rhinoceros hornbill..... II........................ 7/1/75
B. (=Rhinoplax) vigil................. Helmeted hornbill............. I......................... 7/1/75
Penelopides spp....................... Hornbills..................... II........................ 6/11/92
Order Piciformes: Woodpeckers, Toucans, Jacamars,
Barbets:
Baillonius bailloni................... Saffron toucanet.............. III (Argentina)........... 6/11/92
Campephilus imperialis................ Imperial woodpecker........... I......................... 7/1/75
Dryocopus javensis richardsi.......... Tristam's white-bellied I......................... 7/1/75
woodpecker.
Pteroglossus aracari.................. Black-necked aracari.......... II........................ 6/11/92
P. castanotis......................... Chestnut-eared aracari........ III (Argentina)........... 6/11/92
P. viridis............................ Green aracari................. II........................ 6/11/92
Ramphastos dicolorus.................. Red-breasted toucan........... III (Argentina)........... 6/11/92
R. sulphuratus........................ Keel-billed toucan............ II........................ 4/23/81
R. toco............................... Toco toucan................... II........................ 6/11/92
R. tucanus............................ Red-billed toucan............. II........................ 6/11/92
R. vitellinus......................... Channel-billed toucan......... II........................ 6/11/92
Selenidera maculirostris.............. Spot-billed toucanet.......... III (Argentina)........... 6/11/92
Semnornis ramphastinus................ Toucan barbet................. III (Colombia)............ 5/28/89
Order Passeriformes: Perching birds, Songbirds:
Agelaius (=Xanthopsar) flavus......... Saffron-cowled blackbird...... I......................... 7/14/76
Amadina fasciata...................... Cut-throat.................... III (Ghana)............... 2/26/76
Amandava formosa...................... Green avadavat................ II........................ 9/18/97
A. subflava........................... Zebra waxbill................. III (Ghana)............... 2/26/76
Amblyospiza albifrons................. Grosbeak weaver............... III (Ghana)............... 2/26/76
Anaplectes rubriceps.................. Red-headed malimbe............ III (Ghana)............... 2/26/76
Anomalospiza imberbis................. Parasitic weaver.............. III (Ghana)............... 2/26/76
Atrichornis clamosus.................. Noisy scrub-bird.............. I......................... 7/1/75
Bebrornis rodericanus................. Rodriquez Island warbler...... III (Mauritius)........... 12/4/75
Bubalornis albirostris................ Buffalo weaver................ III (Ghana)............... 2/26/76
Carduelis (=Spinus) cucullata......... Red siskin.................... I......................... 7/1/75
C. (=Spinus) yarrellii................ Yellow-faced siskin........... II........................ 7/1/75
Cephalopterus ornatus................. Amazonian umbrellabird........ III (Colombia)............ 9/21/88
C. penduliger......................... Long-wattled umbrellabird..... III (Colombia)............ 9/21/88
Cotinga maculata...................... Banded cotinga................ I......................... 7/1/75
[[Page 109]]
Cyornis ruckii........................ Rueck's blue flycatcher, II........................ 7/1/75
Niltava.
Dasyornis broadbenti litoralis........ Western rufous bristlebird.... I pe...................... 7/1/75
D. longirostris (=D. brachypterus Western bristlebird........... I......................... 7/1/75
longirostris).
Estrilda astrild...................... Common waxbill................ III (Ghana)............... 2/26/76
E. caerulescens....................... Lavender waxbill, Lavender III (Ghana)............... 2/26/76
fire-finch.
E. melpoda............................ Orange-cheeked waxbill........ III (Ghana)............... 2/26/76
E. troglodytes........................ Black-rumped waxbill.......... III (Ghana)............... 2/26/76
Euplectes afer........................ Yellow-crowned bishop......... III (Ghana)............... 2/26/76
E. ardens............................. Red-collared whydah........... III (Ghana)............... 2/26/76
E. franciscanus....................... Red bishop, Orange bishop..... III (Ghana)............... 2/26/76
E. hordeaceus......................... Black-winged red bishop....... III (Ghana)............... 2/26/76
E. macrourus.......................... Yellow-mantled whydah......... III (Ghana)............... 2/26/76
E. orix (see E. franciscanus)
Garrulax canorus...................... Hwamei........................ II........................ 7/19/00
Gracula religiosa..................... Hill myna..................... II........................ 6/11/92
Gubernatrix cristata.................. Yellow cardinal............... II........................ 7/14/76
Lagonosticta larvata (see L. vinacea)
L. rara............................... Black-bellied waxbill......... III (Ghana)............... 2/26/76
L. rubricata.......................... African waxbill............... III (Ghana)............... 2/26/76
L. rufopicta.......................... Bar-breasted waxbill.......... III (Ghana)............... 2/26/76
L. senegala........................... Red-billed fire finch, Red- III (Ghana)............... 2/26/76
billed waxbill.
L. vinacea............................ Vinaceous waxbill............. III (Ghana)............... 2/26/76
Leiothrix argentaurius................ Silver-eared mesia............ II........................ 9/18/97
L. lutea.............................. Pekin robin................... II........................ 9/18/97
Leucopsar rothschildi................. Rothschild's starling, Myna... I......................... 7/1/75
Lichenostomus melanops cassidix....... Helmeted honeyeater........... I......................... 7/1/75
Liocichla omeiensis................... Omei Shan liocichla........... II........................ 9/18/97
Lonchura bicolor...................... Black-and white mannikin...... III (Ghana)............... 2/26/76
L. cantans............................ White-throated munia, African III (Ghana)............... 2/26/76
silverbill.
L. cucullata.......................... Bronze mannikin............... III (Ghana)............... 2/26/76
L. fringilloides...................... Magpie mannikin, Pied mannikin III (Ghana)............... 2/26/76
L. malabarica (see L. cantans)
Malimbus cassini...................... Cassin's malimbe.............. III (Ghana)............... 2/26/76
M. malimbicus......................... Crested malimbe............... III (Ghana)............... 2/26/76
M. nitens............................. Gray's malimbe................ III (Ghana)............... 2/26/76
M. rubriceps (see Anaplectes
rubriceps)
M. rubricollis........................ Red-headed weaver............. III (Ghana)............... 2/26/76
M. scutatus........................... Red-vented malimbe............ III (Ghana)............... 2/26/76
Mandingoa nitidula.................... Green-backed twin-spot........ III (Ghana)............... 2/26/76
Meliphaga cassidix (see Lichenostomus
melanops cassidix)
Nesocharis capistrata................. Gray-headed olive-back........ III (Ghana)............... 2/26/76
Nigrita bicolor....................... Chestnut-breasted negro-finch. III (Ghana)............... 2/26/76
N. canicapilla........................ Gray-headed negro-finch....... III (Ghana)............... 2/26/76
N. fusconota.......................... White-breasted negro-finch.... III (Ghana)............... 2/26/76
N. luteifrons......................... Pale-fronted negro-finch...... III (Ghana)............... 2/26/76
Niltava (=Muscicapa) (see Cyornis)
Ortygospiza atricollis................ Common quail-finch............ III (Ghana)............... 2/26/76
Pachyphantes superciliosus............ Compact weaver................ III (Ghana)............... 2/26/76
Padda oryzivora....................... Java sparrow.................. II........................ 9/18/97
Paradiseidae spp. (all species in Birds of paradise............. II........................ 7/1/75
family).
Parmoptila rubrifrons (=woodhousei)... Jameson's antpecker, III (Ghana)............... 2/26/76
Flowerpecker weaver-finch.
Paroaria capitata..................... Yellow-billed cardinal........ II........................ 10/22/87
P. coronata........................... Red-crested cardinal.......... II........................ 10/22/87
Passer griseus........................ Gray-headed sparrow........... III (Ghana)............... 2/26/76
Petronia dentata...................... Bush petronia................. III (Ghana)............... 2/26/76
Pholidornis rushiae................... Tit-hylia..................... III (Ghana)............... 2/26/76
Picathartes gymnocephalus............. Bare-headed rockfowl, White- I......................... 7/1/75
necked rockfowl.
P. oreas.............................. Gray-necked rockfowl, Red- I......................... 7/1/75
headed rockfowl.
Pitta brachyura nympha (see P. nympha)
P. guajana............................ Blue-tailed pitta, Banded II........................ 12/7/87
pitta.
P. gurneyi............................ Gurney's pitta................ I......................... 12/7/87
P. kochi.............................. Koch's pitta.................. I......................... 7/1/75
P. nympha............................. Fairy pitta, Blue-winged pitta II........................ 7/1/75
Plocepasser superciliosus............. Chestnut-crowned sparrow- III (Ghana)............... 2/26/76
weaver.
Ploceus albinucha..................... White-naped black weaver...... III (Ghana)............... 2/26/76
P. aurantius.......................... Orange weaver................. III (Ghana)............... 2/26/76
[[Page 110]]
P. cucullatus......................... Black-headed weaver........... III (Ghana)............... 2/26/76
P. heuglini........................... Heuglin's masked weaver....... III (Ghana)............... 2/26/76
P. luteolus........................... Little weaver................. III (Ghana)............... 2/26/76
P. melanocephalus..................... Yellow-backed weaver.......... III (Ghana)............... 2/26/76
P. nigerrimus......................... Viellot's weaver.............. III (Ghana)............... 2/26/76
P. nigricollis........................ Black-necked weaver........... III (Ghana)............... 2/26/76
P. pelzelni........................... Slender-billed weaver......... III (Ghana)............... 2/26/76
P. preussi............................ Golden-backed weaver.......... III (Ghana)............... 2/26/76
P. superciliosus (see Pachyphantes
superciliosus )
P. tricolor........................... Yellow-mantled weaver......... III (Ghana)............... 2/26/76
P. vitellinus (=P. velatus)........... Vitelline masked weaver....... III (Ghana)............... 2/26/76
Poephila cincta cincta................ Black-throated finch, Parson II........................ 10/17/80
finch.
Pseudochelidon sirintarae............. White-eyed river martin....... I......................... 7/1/75
Pycnonotus zeylanicus................. Straw-headed bulbul........... II........................ 9/18/97
Pyrenestes ostrinus................... Black-bellied seedcracker..... III (Ghana)............... 2/26/76
Pytilia hypogrammica.................. Yellow-winged pytilia......... III (Ghana)............... 2/26/76
P. phoenicoptera...................... Red-winged pytilia............ III (Ghana)............... 2/26/76
Quelea erythrops...................... Red-headed quelea............. III (Ghana)............... 2/26/76
Rupicola spp.......................... Cocks-of-the-rock............. II........................ 7/1/75
Serinus canicapillus (=gularis)....... West African seedeater........ III (Ghana)............... 2/26/76
S. leucopygius........................ White-rumped seedeater........ III (Ghana)............... 2/26/76
S. mozambicus......................... Yellow-fronted canary......... III (Ghana)............... 2/26/76
Spermophaga haematina................. Blue-bill..................... III (Ghana)............... 2/26/76
Sporopipes frontalis.................. Speckled-fronted weaver....... III (Ghana)............... 2/26/76
Tangara fastuosa...................... Seven-colored tanager......... II........................ 9/18/97
Tchitrea (see Terpsiphone)
Terpsiphone bourbonnensis............. Coq de Boise, Mascarene III (Mauritius)........... 12/4/75
paradise flycatcher.
Uraeginthus bengalus.................. Red-cheeked cordon-bleu....... III (Ghana)............... 2/26/76
Vidua (=Hypochera) chalybeata......... Village indigobird............ III (Ghana)............... 2/26/76
V. interjecta......................... Uelle paradise whydah......... III (Ghana)............... 2/26/76
V. larvaticola........................ Bako indigobird............... III (Ghana)............... 2/26/76
V. macroura........................... Pin-tailed whydah............. III (Ghana)............... 2/26/76
V. orientalis (=paradisaea)........... Northern paradise whydah...... III (Ghana)............... 2/26/76
V. raricola........................... Jambandu indigobird........... III (Ghana)............... 2/26/76
V. togoensis.......................... Togo paradise whydah.......... III (Ghana)............... 2/26/76
V. wilsoni............................ Wilson's indigobird........... III (Ghana)............... 2/26/76
Xanthopsar (see Agelaius)
Xipholena atropurpurea................ White-winged cotinga.......... I......................... 7/1/75
Zosterops albogularis................. White-chested white-eye, I......................... 7/1/75
Norfolk Island white-eye.
CLASS REPTILIA: REPTILES:
Order Testudinata: Turtles, Tortoises:
Apalone ater.......................... Cuatro Cienegas softshell I......................... 7/1/75
turtle.
Aspideretes gangeticus................ Indian soft-shell turtle...... I......................... 7/1/75
Aspideretes hurum..................... Peacock soft-shell turtle..... I......................... 7/1/75
Aspideretes nigricans................. Black soft-shell turtle....... I......................... 7/1/75
Batagur baska......................... River terrapin, Tuntong....... I......................... 7/1/75
Callagur borneoensis.................. Painted terrapin.............. II........................ 9/18/97
Cheloniidae spp. (all species in Sea turtles................... I......................... 7/1/75
family).
Chersina (=Testudo) spp............... Bow-sprit tortoises........... II........................ 7/1/75
Clemmys insculpta..................... Wood turtle................... II........................ 6/11/92
C. muhlenbergi........................ Bog turtle.................... I......................... 7/1/75
Cuora spp............................. Asian box turtles............. II........................ 7/19/00
Dermatemys mawii...................... Central American river turtle. II........................ 6/6/81
Dermochelys coriacea.................. Leatherback sea turtle........ I......................... 7/1/75
Erymnochelys madagascariensis......... Madagascar turtle............. II........................ 7/1/75
Geochelone spp. (except species listed Land tortoises................ II........................ 7/1/75
below).
G. sulcata [zero quota for wild African spurred tortoise...... II........................ 7/1/75
specimens].
G. (=Testudo) nigra (=elephantopus)... Galapagos tortoise............ I......................... 7/1/75
G. (=Testudo) radiata................. Madagascar radiated tortoise.. I......................... 7/1/75
G. (=Testudo) yniphora................ Angulated tortoise............ I......................... 7/1/75
Geoclemys (=Damonia) hamiltonii....... Spotted pond turtle........... I......................... 7/1/75
Gopherus spp. (except species listed Gopher tortoises.............. II........................ 7/1/75
below).
G. flavomarginatus.................... Bolson tortoise............... I......................... 7/1/75
Homopus spp........................... African parrot-beaked II........................ 7/1/75
tortoises.
Kachuga tecta......................... Indian sawback turtle......... I......................... 7/1/75
Kinixys spp........................... Hinged-back tortoise.......... II........................ 7/1/75
Lissemys punctata (all subspecies Indian flap-shell tortoise.... II........................ 2/16/95
except punctata).
L. p. punctata........................ Indian flap-shell tortoise.... II........................ 7/1/75
Malacochersus spp..................... Pancake tortoises............. II........................ 7/1/75
Melanochelys (=Geoemyda) tricarinata.. Three-keeled Asian turtle..... I......................... 7/1/75
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Morenia ocellata...................... Burmese peacock turtle........ I......................... 7/1/75
Pelomedusa subrufa.................... Helmeted terrapin............. III (Ghana)............... 2/26/76
Peltocephalus dumeriliana............. Big-headed Amazon River turtle II........................ 7/1/75
Pelusios adansonii.................... Adanson's hinged terrapin..... III (Ghana)............... 2/26/76
P. castaneus.......................... Brown hinged terrapin, Swamp III (Ghana)............... 2/26/76
hinged terrapin.
P. gabonensis......................... Gabon hinged terrapin......... III (Ghana)............... 2/26/76
P. niger.............................. Black hinged terrapin......... III (Ghana)............... 2/26/76
Podocnemis spp........................ South American turtles........ II........................ 7/1/75
Psammobates (=Testudo) geometricus.... Geometric turtle.............. I......................... 2/4/77
Pseudemydura umbrina.................. Short-necked swamp turtle..... I......................... 7/1/75
Pyxis spp............................. Madagascar spider tortoises... II........................ 7/1/75
Terrapene spp. (all species except Box turtles................... II........................ 2/16/95
those in App. I).
T. coahuila........................... Aquatic box turtle............ I......................... 7/1/75
Testudinidae spp. (all species except Land tortoises................ II........................ 2/4/77
those in App. I or with earlier date
in App. II).
Testudo spp. (all species except those Land tortoises................ II........................ 7/1/75
in App. I).
T. kleinmanni......................... Egyptian tortoise............. I......................... 2/4/77
Trionyx ater (see Apalone ater)
T. gangeticus (see Aspideretes
gangeticus)
T. hurum (see Aspideretes hurum)
T. nigricans (see Aspideretes
nigricans)
T. triunguis.......................... Three-clawed turtle........... III (Ghana)............... 2/26/76
Order Crocodylia: Crocodiles, Alligators,
Caimans, Gavials:
Alligatoridae spp. (all species in All Alligators, Caimans not II........................ 2/4/77
family except those in App. I or with listed below.
earlier date in App. II).
Alligator mississippiensis............ American alligator............ II........................ 7/1/75
A. sinensis........................... Chinese alligator............. I......................... 7/1/75
Caiman crocodilus apaporiensis........ Apaporis River caiman......... I......................... 7/1/75
C. crocodilus crocodilus.............. Common caiman, Spectacled II........................ 7/1/75
caiman.
C. crocodilus fuscus (including C. Brown caiman.................. II........................ 7/1/75
crocodilus chiapasius).
C. crocodilus yacare (=C. yacare)..... Yacare........................ II........................ 7/1/75
C. latirostris (except population of Broad-snouted caiman.......... I......................... 7/1/75
Argentina).
C. latirostris (population of Broad-snouted caiman.......... II........................ 7/1/75
Argentina, subject to ranching
provisions).
Crocodylidae spp. (all species in All Crocodiles not listed II........................ 2/4/77
family except those in App. I or with below.
earlier date in App. II).
Crocodylus acutus..................... American crocodile............ I......................... 7/1/75
C. cataphractus....................... African slender-snouted I......................... 7/1/75
crocodile.
C. intermedius........................ Orinoco crocodile............. I......................... 7/1/75
C. johnsoni........................... Johnson's crocodile........... II........................ 7/1/75
C. moreletii.......................... Morelet's crocodile........... I......................... 7/1/75
C. niloticus (except those populations Nile crocodile................ I......................... 7/1/75
in App. II).
C. niloticus (populations of Botswana, Nile crocodile................ II........................ 7/1/75
Kenya, Malawi, South Africa, Zambia,
and Zimbabwe, subject to ranching
provisions).
C. niloticus (population of Ethiopia, Nile crocodile................ II........................ 7/1/75
Madagascar, Mozambique, Tanzania, and
Uganda, subject to annual export
quota).
C. novaeguineae (except subspecies New Guinea crocodile, II........................ 7/1/75
listed below). Freshwater crocodile.
C. novaeguineae mindorensis........... Philippine crocodile.......... I......................... 7/1/75
C. palustris.......................... Mugger crocodile.............. I......................... 7/1/75
C. porosus (except populations of Saltwater crocodile........... I......................... 7/1/75
Australia, Papua New Guinea, and
Indonesia).
C. porosus (Australia and Papua New Saltwater crocodile........... II........................ 7/1/75
Guinea populations).
C. porosus (Indonesian population Saltwater crocodile........... II........................ 7/1/75
subject to ranching provisions).
C. rhombifer.......................... Cuban crocodile............... I......................... 7/1/75
C. siamensis.......................... Siamese crocodile............. I......................... 7/1/75
Gavialis gangeticus................... Gavial, Gharial............... I......................... 7/1/75
Melanosuchus niger (except for Black caiman.................. I......................... 7/1/75
population of Ecuador).
M. niger (population of Ecuador, Black caiman.................. II........................ 7/1/75
subject to a zero annual export quota
until a different quota has been
approved by the Secretariat).
Osteolaemus tetraspis (except Dwarf crocodile............... I......................... 2/4/77
subspecies listed below).
O. tetraspis osborni.................. Dwarf crocodile............... I......................... 7/1/75
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O. tetraspis tetraspis................ Dwarf crocodile............... I......................... 7/1/75
Paleosuchus trigonatus................ Smooth-fronted caiman......... II........................ 7/1/75
Tomistoma schlegelii.................. Tomistoma, False gavial....... I......................... 7/1/75
Order Rhynchocephalia: Tuatara:
Sphenodon spp......................... Tuataras...................... I......................... 7/1/75
Order Sauria: Lizards:
Amblyrhynchus cristatus............... Galapagos marine iguana....... II........................ 7/1/75
Brachylophus spp...................... Fiji iguanas.................. I......................... 6/6/81
Bradypodion spp....................... Chameleons.................... II........................ 2/4/77
Calumma spp........................... Chamaeleons................... II........................ 2/4/77
Chamaeleo spp......................... Chamaeleons................... II........................ 2/4/77
Cnemidophorus hyperythrus............. Orange-throated whiptail II........................ 7/1/75
lizard.
Conolophus spp. (except species listed Land lizards.................. II........................ 2/4/77
below).
C. pallidus........................... Barrington Island land lizard. II........................ 7/1/75
C. subcristatus....................... Galapagos land iguana......... II........................ 7/1/75
Cordylus spp.......................... Girdled lizards............... II........................ 6/6/81
Corucia zebrata....................... Prehensile-tailed skink....... II........................ 6/11/92
Crocodilurus lacertinus............... Dragon lizardet............... II........................ 2/4/77
Cyclura spp........................... Ground iguanas................ I......................... 2/4/77
Cyrtodactylus serpensinsula........... Serpent Island gecko.......... II........................ 2/4/77
Dracaena spp.......................... Caiman lizards................ II........................ 2/4/77
Furcifer spp.......................... Chamaeleons................... II........................ 2/4/77
Gallotia simonyi...................... Hierro giant lizard........... I......................... 10/22/87
Heloderma spp......................... Beaded lizards, Gila monster.. II........................ 7/1/75
Iguana spp............................ Iguanas....................... II........................ 2/4/77
Phelsuma spp.......................... Day geckos.................... II........................ 2/4/77
Phrynosoma coronatum (except Coastal horned lizards........ II........................ 6/11/92
subspecies with earlier date in App.
II).
P. coronatum blainvillei.............. San Diego horned lizard....... II........................ 7/1/75
Podarcis lilfordi..................... Lilford's wall lizard......... II........................ 10/22/87
P. pityusensis........................ Ibiza wall lizard............. II........................ 10/22/87
Pseudocordylus spp.................... Crag lizards.................. II........................ 6/6/81
Sauromalus varius..................... San Esteban Island chuckwalla. I......................... 6/6/81
Shinisaurus crocodilurus.............. Chinese crocodile lizard...... II........................ 1/18/90
Tupinambis spp........................ Tegu lizards.................. II........................ 2/4/77
Uromastyx spp......................... Spiny-tailed lizards.......... II........................ 2/4/77
Varanus spp. (all species except those Monitor lizards............... II........................ 7/1/75
in App. I).
V. bengalensis........................ Indian monitor, Bengal monitor I......................... 7/1/75
V. flavescens......................... Yellow monitor................ I......................... 7/1/75
V. griseus............................ Desert monitor................ I......................... 7/1/75
V. komodoensis........................ Komodo Island monitor, Komodo I......................... 7/1/75
dragon.
Order Serpentes: Snakes:
Acrantophis spp....................... Madagascar boas............... I......................... 2/4/77
Agkistrodon bilineatus................ Cantil........................ III (Honduras)............ 4/13/87
Atretium schistosum................... Olive keelback water snake.... III (India)............... 2/12/84
Atropoides nummifer................... Jumping pit-viper............. III (Honduras)............ 4/13/87
Boa (=Constrictor) constrictor........ Boa constrictor............... II........................ 7/1/75
Boa constrictor occidentalis.......... Argentine boa constrictor..... I......................... 2/4/77
Boidae spp. (all species except those Boas.......................... II........................ 2/4/77
in App. I or with earlier date in
App. II).
Bolyeria multocarinata................ Round Island boa.............. I......................... 2/4/77
Bolyeriidae spp. (all species except Round island boas............. II........................ 2/4/77
those in App. I or with earlier date
in App. II).
Bothriechis schlegelii................ Eyelash palm pit-viper........ III (Honduras)............ 4/13/87
Bothrops asper........................ Terciopelo.................... III (Honduras)............ 4/13/87
Bothrops nasutum (see Porthidium
nasutum)
B. nummifer (see Atropoides nummifer)
B. ophryomegas (see Porthidium
ophryomegas)
B. schlegelii (see Bothriechis
schlegelii)
Casarea dussumieri.................... Round Island boa.............. I......................... 2/4/77
Cerberus rhynchops.................... Dog-faced water snake......... III (India)............... 2/12/84
Clelia (=Pseudoboa) clelia............ Mussurana snake............... II........................ 7/1/75
Crotalus durissus..................... Tropical rattlesnake, Cascabel III (Honduras)............ 4/13/87
Cyclagras (=Hydrodynastes) gigas...... South American false water II........................ 7/1/75
cobra.
Daboia russellii...................... Russell's viper............... III (India)............... 2/12/84
Elachistodon westermanni.............. Indian egg-eating snake....... II........................ 7/1/75
Epicrates cenchria cenchria........... Rainbow boa................... II........................ 7/1/75
E. inornatus.......................... Puerto Rican boa.............. I......................... 2/4/77
E. monensis........................... Mona boa...................... I......................... 2/4/77
E. subflavus.......................... Jamaican boa.................. I......................... 7/1/75
Eunectes notaeus...................... Yellow anaconda............... II........................ 7/1/75
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Hoplocephalus bungaroides............. Broad-headed snake............ II........................ 8/1/85
Loxocemidae spp. (all species except Mexican dwarf boas............ II........................ 2/4/77
those in App. I or with earlier date
in App. II).
Micrurus diastema..................... Atlanta coral snake........... III (Honduras)............ 4/13/87
M. nigrocinctus....................... Black-banded coral snake...... III (Honduras)............ 4/13/87
Naja naja............................. Indian cobra.................. II........................ 2/12/84
N. oxiana (see Naja naja).............
N. kaouthia (see Naja naja)...........
Ophiophagus hannah.................... King cobra.................... II........................ 2/12/84
Porthidium nasutum.................... Rainforest hognosed pit-viper. III (Honduras)............ 4/13/87
P. ophryomegas........................ Slender hognosed pit-viper.... III (Honduras)............ 4/13/87
Ptyas mucosus......................... Oriental rat snake, Whipsnake. II........................ 2/12/84
Python spp. (except subspecies listed Pythons....................... II........................ 7/1/75
below).
Pythonidae spp. (all species except Pythons....................... II........................ 2/4/77
those in App. I or with earlier date
in App. II).
P. molurus molurus.................... Indian python................. I......................... 7/1/75
Sanzinia madagascariensis............. Tree boa...................... I......................... 2/4/77
Tropidophiidae spp. (all species Small ground boas............. II........................ 2/4/77
except those in App. I or with
earlier date in App. II).
Vipera russellii (see Daboia
russellii).
V. ursinii (except USSR populations).. Orsini's viper................ I......................... 10/22/87
V. wagneri............................ Wagner's viper................ II........................ 6/11/92
Xenochrophis (=Natrix) piscator....... Checkered keelback water snake III (India)............... 2/12/84
CLASS AMPHIBIA: AMPHIBIANS:
Order Caudata: Salamanders:
Ambystoma dumerilii................... Lake Patzcuaro salamander..... II........................ 7/1/75
A. mexicanum.......................... Axolotl....................... II........................ 7/1/75
Andrias spp........................... Giant salamanders............. I......................... 7/1/75
Order Anura: Frogs, Toads:
Atelopus varius zeteki................ Panamanian golden frog........ I......................... 7/1/75
Bufo periglenes....................... Monte Verde golden toad....... I......................... 7/1/75
B. superciliaris...................... Cameroon toad................. I......................... 7/1/75
Dendrobates spp....................... Poison dart frogs, Poison II........................ 10/22/87
arrow frogs.
Dyscophus antongilii.................. Tomato frog................... I......................... 10/22/87
Epipedobates spp. (see Dendrobates
spp.).
Mantella aurantiaca................... Malagasy golden mantella...... II........................ 2/16/95
Mantella spp. (except species below).. Mantella frogs................ II........................ 7/19/00
Minyobates spp. (see Dendrobates spp.)
Nectophrynoides spp................... African viviparous toads...... I......................... 7/1/75
Phyllobates spp....................... Poison arrow frogs............ II........................ 10/22/87
Rana hexadactyla...................... Asian bullfrog................ II........................ 8/1/85
R. tigerina........................... Indian bullfrog............... II........................ 8/1/85
Rheobatrachus spp..................... Platypus frog................. II........................ 8/1/85
CLASS OSTEICHTHYES: BONY FISHES:
Order Ceratodontiformes Lungfishes:
(=Ceratodiformes):
Neoceratodus forsteri................. Australian lungfish........... II........................ 7/1/75
Order Coelacanthiformes: Coelacanth:
Latimeria spp. (except species below). Coelacanth.................... I......................... 7/19/00
Latimeria chalumnae................... Gombessa coelacanth........... I......................... 7/1/75
Order Acipenseriformes (all species All Sturgeons and Paddlefish II........................ 4/1/98
except those in App. I or with earlier not listed below.
date in App. II)
Acipenser brevirostrum................ Short-nosed sturgeon.......... I......................... 7/1/75
A. oxyrhynchus........................ Atlantic sturgeon............. II........................ 7/1/75
A. sturio............................. Baltic sturgeon............... I......................... 7/1/75
Polyodon spathula..................... Paddlefish.................... II........................ 6/11/92
Order Osteoglossiformes: Bonytongues:
Arapaima gigas........................ Arapaima...................... II........................ 7/1/75
Scleropages formosus.................. Asian bonytongue.............. I......................... 7/1/75
Order Cypriniformes:
Caecobarbus geertsi................... African blind barb, Congo II........................ 6/6/81
blind barb.
Chasmistes cujus...................... Cui-ui........................ I......................... 7/1/75
Probarbus jullieni.................... Ikan temolek, Pla eesok....... I......................... 7/1/75
Order Siluriformes: Catfishes:
Pangasianodon gigas................... Thailand giant catfish........ I......................... 7/1/75
Order Perciformes: Perch-like fishes:
Cynoscion macdonaldi.................. Totoaba....................... I......................... 2/4/77
PHYLUM ARTHROPODA: ARTHROPODS:
CLASS Insecta: Insects:
Bhutanitis spp........................ Bhutan glory swallowtails..... II........................ 10/22/87
Ornithoptera spp. (all species except All Birdwing butterflies not II........................ 2/16/79
those in App. I or with earlier date listed below.
in App. II).
O. alexandrae......................... Queen Alexandra's birdwing I......................... 2/4/77
butterfly.
[[Page 114]]
O. allotei............................ Birdwing butterfly............ II........................ 2/4/77
O. chimaera........................... Birdwing butterfly............ II........................ 2/4/77
O. goliath............................ Birdwing butterfly............ II........................ 2/4/77
O. meridionalis....................... Birdwing butterfly............ II........................ 2/4/77
O. paradisea.......................... Paradise birdwing butterfly... II........................ 2/4/77
O. victoriae.......................... Queen Victoria's birdwing II........................ 2/4/77
butterfly.
Papilio chikae........................ Luzon peacock swallowtail..... I......................... 10/22/87
P. homerus............................ Homerus swallowtail........... I......................... 10/22/87
P. hospiton........................... Corsican swallowtail.......... I......................... 10/22/87
Parnassius apollo..................... Mountain apollo butterfly..... II........................ 2/4/77
P. apollo apollo...................... Mountain apollo butterfly..... II........................ 7/1/75
Teinopalpus spp....................... Kaiser-I-Hind butterflies..... II........................ 10/22/87
Trogonoptera spp...................... Birdwing butterflies.......... II........................ 2/16/79
Troides spp........................... Birdwing butterflies.......... II........................ 2/16/79
CLASS Arachnida: Arachnids:
Brachypelma (=Euathlus) spp. (except Red-kneed tarantulas.......... II........................ 2/16/95
species with earlier date in App. II).
B. smithi............................. Red-kneed tarantula........... II........................ 8/1/85
Pandinus dictator..................... Emperor scorpion.............. II........................ 2/16/95
P. gambiensis......................... Emperor scorpion.............. II........................ 2/16/95
P. imperator.......................... Emperor scorpion.............. II........................ 2/16/95
PHYLUM ANNELIDA: ANNELID WORMS:
CLASS Hirudinea: Leeches:
Order Arhynchobdelliformes: Rhynchobedellids:
Hirudo medicinalis.................... Medicinal leech............... II........................ 10/22/87
PHYLUM MOLLUSCA: MOLLUSCS:
CLASS Pelecypoda (=Bivalvia): Clams, Mussels:
Conradilla caelata.................... Birdwing pearly mussel........ I......................... 7/1/75
Cyprogenia aberti..................... Edible pearly mussel.......... II........................ 7/1/75
Dromus dromas......................... Dromedary pearly mussel....... I......................... 7/1/75
Epioblasma (=Dysnomia) curtisi (=E. Curtis' pearly mussel......... I......................... 7/1/75
florentina curtisi).
E. florentina (=E. florentina Yellow-blossom pearly mussel.. I......................... 7/1/75
florentina).
E. sampsoni........................... Sampson's pearly mussel....... I......................... 7/1/75
E. sulcata perobliqua................. White cat's paw mussel........ I......................... 7/1/75
E. torulosa gubernaculum.............. Green-blossom pearly mussel... I......................... 7/1/75
E. torulosa rangiana.................. Tan-blossom pearly mussel..... II........................ 7/1/75
E. torulosa torulosa.................. Tuberculed-blossom pearly I......................... 7/1/75
mussel.
E. turgidula.......................... Turgid-blossom pearly mussel.. I......................... 7/1/75
E. walkeri............................ Brown-blossom pearly mussel... I......................... 7/1/75
Fusconaia cuneolus.................... Fine-rayed pigtoe mussel...... I......................... 7/1/75
F. edgariana.......................... Shiny pigtoe mussel........... I......................... 7/1/75
Hippopus spp. (see Tridacnidae spp.)..
Lampsilis higginsii................... Higgin's eye mussel........... I......................... 7/1/75
L. orbiculata orbiculata.............. Pink mucket mussel............ I......................... 7/1/75
L. satur.............................. Plain pocketbook mussel....... I......................... 7/1/75
L. virescens.......................... Alabama lamp pearly mussel.... I......................... 7/1/75
Plethobasus cicatricosus.............. White wartyback mussel........ I......................... 7/1/75
P. cooperianus........................ Orange-footed pimpleback I......................... 7/1/75
mussel.
Pleurobema clava...................... Club pearly mussel............ II........................ 7/1/75
P. plenum............................. Rough pigtoe mussel........... I......................... 7/1/75
Potamilus (=Proptera) capax........... Fat pocketbook mussel......... I......................... 7/1/75
Quadrula intermedia................... Cumberland monkey-face mussel. I......................... 7/1/75
Q. sparsa............................. Appalachian monkey-face mussel I......................... 7/1/75
Toxolasma (=Carunculina) cylindrella.. Pale lilliput pearly mussel... I......................... 7/1/75
Tridacna derasa....................... Giant clam.................... II........................ 5/29/83
T. gigas.............................. Giant clam.................... II........................ 5/29/83
Tridacnidae spp. (includes all species Giant clams................... II........................ 8/1/85
in genera Hippopus and Tridacna
except those with earlier date in
App. II).
Unio (=Megalonaias) nickliniana....... Nicklin's pearly mussel....... I......................... 7/1/75
U. (=Lampsilis or Cyrtonaias) Tampico pearly mussel......... I......................... 7/1/75
tampicoensis tecomatensis.
Villosa (=Micromya) trabalis.......... Cumberland bean mussel........ I......................... 7/1/75
CLASS Gastropoda: Snails:
Achatinella spp....................... Oahu tree snails.............. I......................... 10/22/87
Papustyla (=Papuina) pulcherrima...... Manus Island tree snail....... II........................ 7/1/75
Strombus gigas........................ Queen conch................... II........................ 6/11/92
[[Page 115]]
PHYLUM CNIDARIA (=COELENTERATA): CORAL-LIKE ANIMALS:
CLASS Anthozoa: Corals, Sea anemones:
Order Coenothecalia:
All species in the Order (except those ............................... II........................ 1/18/90
in genus with earlier date).
Heliopora spp......................... Blue corals................... II........................ 8/1/85
Order Stolonifera:
Tubiporidae spp. (all species in ............................... II........................ 1/18/90
family except genus with earlier
date).
Tubipora spp.......................... Organ-pipe corals............. II........................ 8/1/85
Order Antipatharia: Black corals:
All species in the Order.............. ............................... II........................ 6/6/81
Order Scleractinia: Stony corals:
All species in the Order (except the ............................... II........................ 1/18/90
following genera with earlier date).
Acropora spp.......................... Staghorn corals............... II........................ 8/1/85
Euphyllia spp......................... Trumpet corals................ II........................ 8/1/85
Favia spp............................. Brain corals.................. II........................ 8/1/85
Fungia spp............................ Mushroom corals............... II........................ 8/1/85
Halomitra spp......................... Bowl corals................... II........................ 8/1/85
Lobophyllia spp....................... Brain corals.................. II........................ 8/1/85
Merulina spp.......................... Merulinas..................... II........................ 8/1/85
Pavona spp............................ Cactus corals................. II........................ 8/1/85
Pectinia spp.......................... Lettuce corals................ II........................ 8/1/85
Platygyra spp......................... Brain corals.................. II........................ 8/1/85
Pocillopora spp....................... Brush corals.................. II........................ 8/1/85
Polyphyllia spp....................... Feather corals................ II........................ 8/1/85
Seriatopora spp....................... Birds nest corals............. II........................ 8/1/85
Stylophora spp........................ Cauliflower corals............ II........................ 8/1/85
CLASS Hydrozoa: Sea ferns, Fire corals,
Stinging medusae:
Order Milleporina (=Athecata):
Milleporidae spp. (all species in ............................... II........................ 1/18/90
family except genus with earlier
date).
Millepora spp......................... Fire corals................... II........................ 8/1/85
Order Stylasterina:
Stylasteridae spp. (all species in ............................... II........................ 1/18/90
family)..
PLANT KINGDOM (note general exclusions PLANTS:
and exceptions in introductory text):
Family Agavaceae: Agave family:
Agave arizonica....................... New River agave............... I......................... 7/29/83
A. parviflora......................... Santa Cruz striped agave...... I......................... 7/29/83
A. victoriae-reginae (=A. ferninandi- Queen Victoria agave.......... II........................ 7/29/83
regis).
Nolina interrata...................... Dehesa bear-grass............. I......................... 7/29/83
Family Amaryllidaceae: Amaryllis family:
Galanthus spp. (and their natural Snowdrops..................... II........................ 1/18/90
hybrids).
Sternbergia spp....................... Sternbergias.................. II........................ 1/18/90
Family Apocynaceae: Dogbane family:
Pachypodium spp. (except species Pachypodiums.................. II........................ 7/1/75
listed in App. I).
P. ambongense (and its natural ............................... I......................... 7/1/75
hybrids).
P. baronii (and its natural hybrids).. ............................... I......................... 7/1/75
P. brevicaule (and its natural ............................... II........................ 7/1/75
hybrids).
P. decaryi (and its natural hybrids).. ............................... I......................... 7/1/75
Rauvolfia serpentina (except chemical Snake-root devil-pepper....... II........................ 1/18/90
derivatives and finished
pharmaceutical products).
Family Araliaceae: Ginseng family:
Panax ginseng [population of Russia] Ginseng....................... II........................ 7/19/00
(whole and sliced roots and parts of
roots, excluding manufactured parts
or derivatives such as powders,
pills, extracts, tonics, teas, and
confectionery).
Panax quinquefolius (whole and sliced American ginseng.............. II........................ 7/1/75
roots and parts of roots, excluding
manufactured parts or derivatives
such as powders, pills, extracts,
tonics, teas, and confectionery)..
Family Araucariaceae: Monkey-puzzle tree family:
Araucaria araucana.................... Monkey-puzzle tree............ I......................... 7/1/75
Family Berberidaceae: Barberry family:
Podophyllum hexandrum (=P. emodi, Himalayan may-apple........... II........................ 1/18/90
=Sinopodophyllum hexandrum) (except
chemical derivatives and finished
pharmaceutical products).
Family Bromeliaceae: Pineapple family:
Tillandsia harrisii................... Harris tillandsia............. II........................ 6/11/92
[[Page 116]]
T. kammii............................. Kamm tillandsia............... II........................ 6/11/92
T. kautskyi........................... Kautsky tillandsia............ II........................ 6/11/92
T. mauryana........................... Maury tillandsia.............. II........................ 6/11/92
T. sprengeliana....................... Sprengel tillandsia........... II........................ 6/11/92
T. sucrei............................. Sucre tillandsia.............. II........................ 6/11/92
T. xerographica....................... Xerographic tillandsia........ II........................ 6/11/92
Family Cactaceae (note general Cactus family:
exclusions and exceptions in the
introductory text):
All species except those in App. I, Cacti......................... II........................ 7/1/75
and except artificially propagated
specimens of the following hybrids
and/or cultivars: (1)
Hatioraxgraeseri (=H. gaertnerixH.
rosea); (2) Schlumbergera
(=Zygocactus) truncata cultivars and
its hybrids with S. opuntoides
(=S.xexotica),S. orssichiana, and S.
russelliana (=S.xbuckleyi); (3)
Gymnocalycium mihanovichii cultivars
lacking chlorophyll, grafted on
Hatiora`Jusbertii`, Hylocereus
trigonus or H. undatus; and (4)
Opuntia microdasys.
Ariocarpus spp. (includes Neogomesia Living-rock cacti............. I......................... 7/1/75
sp. and Roseocactus spp.).
Astrophytum (=Echinocactus) asterias.. Sea-urchin cactus, Star cactus I......................... 7/1/75
Aztekium ritteri...................... Aztec cactus.................. I......................... 7/1/75
Coryphantha (other than C.
werdermannii) (see Escobaria).
C. werdermannii (=C. densispina; Jabali pincushion cactus...... I......................... 7/1/75
Mammillaria w.).
Discocactus spp....................... Discocacti.................... I......................... 7/1/75
Echinocereus ferreirianus var. Lindsay's hedgehog cactus..... I......................... 7/1/75
lindsayi (=E. lindsayi).
E. (=Cereus, =Wilcoxia) schmollii..... Lamb's-tail cactus............ I......................... 7/1/75
Escobaria leei (=E. sneedii var. leei) Lee pincushion cactus......... I......................... 7/1/75
E. minima (=Coryphantha m., not Nellie's corycactus........... I......................... 7/1/75
Mammillaria m.; =C. nelliae, E. n.,
=Mammillaria n.).
E. sneedii, including E. s. var. leei Sneed pincushion cactus....... I......................... 7/1/75
(=Coryphantha s. var. l., =E. leei,
=Mammillaria l.) and E. s. var.
sneedii (=Coryphantha s.,
=Mammillaria s.).
Mammillaria pectinifera (=Solisia Conchilinque.................. I......................... 7/1/75
pectinata).
M. solisioides........................ Pitayita...................... I......................... 7/1/75
Melocactus conoideus.................. Conelike Turk's-cap cactus.... I......................... 7/1/75
M. deinacanthus....................... Wonderfully bristled Turk's- I......................... 7/1/75
cap cactus.
M. glaucescens........................ Wooly waxy-stemmed Turk's-cap I......................... 7/1/75
cactus.
M. paucispinus........................ Few-spined Turk's-cap cactus.. I......................... 7/1/75
Obregonia denegrii.................... Artichoke cactus.............. I......................... 7/1/75
Pachycereus militaris (=Backebergia Teddy-bear cactus, Military I......................... 7/1/75
m., =Cephalocereus m., =Mitrocereus cap.
m., =Pachycereus chrysomallus).
Pediocactus (=Toumeya) bradyi......... Brady pincushion cactus....... I......................... 7/1/75
P. despainii.......................... San Rafael cactus............. I......................... 7/1/75
P. knowltonii (=P. bradyi var. k., Knowlton cactus............... I......................... 7/1/75
=Toumeya k.).
P. paradinei (=Pilocanthus p.)........ Houserock Valley cactus....... I......................... 7/1/75
P. peeblesianus, including P. p. var. Fickeisen Navajo cactus, I......................... 7/1/75
fickeiseniae (=Navajoa f., =Toumeya Peebles Navajo cactus.
f.) and P. p. var. peeblesianus
(=Echinocactus p., =Navajoa p.,
=Toumeya p., =Utahia p.).
P. sileri (=Echinocactus s., =Utahia Siler pincushion cactus....... I......................... 7/1/75
s.).
P. winkleri........................... Winkler pincushion cactus..... I......................... 7/1/75
Pelecyphora (=Encephalocarpus) spp.... Hatchet cactus, Pinecone I......................... 7/1/75
cactus, Peyotillo.
Sclerocactus brevihamatus subsp. Tobusch fishhook cactus....... I......................... 7/1/75
tobuschii (=Ancistrocactus t.,
=Echinocactus t., =Ferocactus t.,
=Mammillaria t.).
S. erectocentrus (=Echinocactus e., Redspine fishhook cactus...... I......................... 7/1/75
=Echinomastus e., =Neolloydia e.,
=Thelocactus e.; =Echinomastus
acunensis, =Echinomastus e. var a.,
=Neolloydia e. var a.; =Echinocactus
krausei, =Echinomastus k.).
S. glaucus (=S. franklinii; Uinta Basin hookless cactus... I......................... 7/1/75
=Echinocactus g., =Ferocactus g.,
=Pediocactus g., =S. whipplei var.
g.; =E. subglaucus; =S. wetlandicus;
=S. w. var. ilseae).
S. (=Echinomastus, =Neolloydia) Mariposa cactus............... I......................... 7/1/75
mariposensis.
[[Page 117]]
S. mesae-verdae....................... Mesa Verde cactus............. I......................... 7/1/75
S. papyracanthus (=Echinocactus p., Grama-grass cactus............ I......................... 7/1/75
=Mammillaria p., =Pediocactus p.,
=Toumeya p.).
S. pubispinus......................... Great Basin fishhook cactus... I......................... 7/1/75
S. wrightiae.......................... Wright's fishhook cactus...... I......................... 7/1/75
Strombocactus spp. (=S. disciformis in Disc cactus, Top cactus....... I......................... 7/1/75
broad sense).
Turbinicarpus spp. (includes Turbinicarps.................. I......................... 7/1/75
Gymnocactus spp., most Neolloydiaspp.
[in sense of E.F. Anderson 1986],
Normanbokea spp., and Rapicactusspp.).
Uebelmannia spp....................... Uebelmann cacti............... I......................... 7/1/75
Family Caryocaraceae: Souari family:
Caryocar costaricense................. Ajo........................... II........................ 7/1/75
Family Compositae (=Asteraceae): Aster family:
Saussurea costus (=S. lappa).......... Costus, Kuth root............. I......................... 7/1/75
Family Crassulaceae: Stonecrop family:
Dudleya stolonifera................... Laguna Beach dudleya.......... II........................ 7/29/83
D. traskiae........................... Santa Barbara Island dudleya.. I......................... 7/29/83
Family Cupressaceae: Cypress family:
Fitz-roya cupressoides................ Fitzroya, Alerce.............. I......................... 7/1/75
Pilgerodendron uviferum............... Pilgerodendron................ I......................... 7/1/75
Family Cyatheaceae: Tree-fern family:
Alsophila spp. (see Cyathea spp.)
Cyathea spp. (includes Alsophila spp., ............................... II........................ 2/4/77
Nephelea spp., Sphaeropteris spp.,
Trichipteris spp.).
Cyathea (=Hemitelia) capensis......... ............................... II........................ 7/1/75
C. dredgei............................ ............................... II........................ 7/1/75
C. mexicana........................... ............................... II........................ 7/1/75
C. (=Alsophila) salvini............... ............................... II........................ 7/1/75
Nephelea spp. (see Cyathea spp.)
Sphaeropteris spp. (see Cyathea spp.)
Trichipteris spp. (see Cyathea spp.)
Family Cycadaceae: Old World cycad family (see
families Stangeriaceae and
Zamiaceae for other cycads):
All species in the family except Cycads........................ II........................ 2/4/77
species in App. I.
Cycas beddomei........................ Beddome cycad................. I......................... 2/4/77
Family Diapensiaceae: Diapensia family:
Shortia galacifolia................... Oconee bells.................. II........................ 7/29/83
Family Dicksoniaceae: Tree-fern family:
Cibotium barometz..................... ............................... II........................ 2/4/77
Dicksonia spp. (the Americas only).... ............................... II........................ 2/4/77
Family Didiereaceae: Alluaudia family:
All species in the family............. Alluaudia..................... II........................ 2/4/77
Family Dioscoreaceae: Yam family:
Dioscorea deltoidea................... Kniss, Kurta.................. II........................ 7/1/75
Family Droseraceae: Sundew family:
Dionaea muscipula..................... Venus flytrap................. II........................ 6/11/92
Family Euphorbiaceae: Spurge family:
Euphorbia spp., except those species Euphorbias.................... II........................ 7/1/75
in App. I, and excluding non-
succulent species and artificially
propagated specimens of Euphorbia
trigona cultivars.
E. subgenus Lacanthis dwarf species in Malagasy dwarf euphorbias as
Madagascar and their natural hybrids shown:
as given below:
E. ambovombensis (and its natural ............................... I......................... 7/1/75
hybrids).
E. capsaintemariensis (= E. decaryi ............................... I......................... 7/1/75
var. c.) (and its natural hybrids).
E. cremersii.......................... ............................... I......................... 7/1/75
E. cylindrifolia (including subsp. ............................... I......................... 7/1/75
tuberifera) (and its natural hybrids).
E. decaryi (and its natural hybrids) ............................... I......................... 7/1/75
(see also E. capsaintemariensis,
formerly included in E. decaryi).
E. francoisii (and its natural ............................... I......................... 7/1/75
hybrids).
E. moratii (and its natural hybrids).. ............................... I......................... 7/1/75
E. parvicyathophora (and its natural ............................... I......................... 7/1/75
hybrids).
E. quartziticola (and its natural ............................... I......................... 7/1/75
hybrids).
E. tulearensis (= E. ............................... I......................... 7/1/75
capsaintemariensis var. tulearensis)
(and its natural hybrids).
Family Fouquieriaceae: Ocotillo family:
Fouquieria columnaris................. Boojum tree................... II........................ 7/29/83
F. fasciculata........................ Arbol del barril.............. I......................... 7/29/83
[[Page 118]]
F. purpusii........................... ............................... I......................... 7/29/83
Family Gnetaceae: Gnetum family:
Gnetum montanum....................... ............................... III (Nepal)............... 11/16/75
Family Juglandaceae: Walnut family:
Oreomunnea (=Engelhardia) pterocarpa.. Gavilan....................... II........................ 7/1/75
Family Leguminosae (=Fabaceae): Pea family:
Dalbergia nigra....................... Brazilian rosewood............ I......................... 6/11/92
Pericopsis elata (including logs, sawn Afrormosia.................... II........................ 6/11/92
wood, and veneer sheets, but not
other parts or derivatives).
Platymiscium pleiostachyum............ Cristobal, Granadillo......... II........................ 7/1/75
Pterocarpus santalinus (only logs, Red sandalwood, Redsanders.... II........................ 2/16/95
wood-chips, and unprocessed broken
material).
Family Liliaceae: Lily family:
Aloe spp. (all except those in App. I, Aloes......................... II........................ 7/1/75
and excluding A. vera [=A.
barbadensis] except A. vera var.
chinensis).
A. albida............................. ............................... I......................... 7/1/75
A. albiflora.......................... ............................... I......................... 7/1/75
A. alfredii........................... ............................... I......................... 7/1/75
A. bakeri............................. ............................... I......................... 7/1/75
A. bellatula.......................... ............................... I......................... 7/1/75
A. calcairophila...................... ............................... I......................... 7/1/75
A. compressa (incl. var. rugosquamosa, ............................... I......................... 7/1/75
var.schistophila).
A. delphinensis....................... ............................... I......................... 7/1/75
A. descoingsii........................ ............................... I......................... 7/1/75
A. fragilis........................... ............................... I......................... 7/1/75
A. haworthioides (incl. var. ............................... I......................... 7/1/75
aurantiaca).
A. helenae............................ ............................... I......................... 7/1/75
A. laeta (incl. var. maniensis)....... ............................... I......................... 7/1/75
A. parallelifolia..................... ............................... I......................... 7/1/75
A. parvula............................ ............................... I......................... 7/1/75
A. pillansii.......................... Boomaalwyn.................... I......................... 7/1/75
A. polyphylla......................... Spiral aloe................... I......................... 7/1/75
A. rauhii............................. ............................... I......................... 7/1/75
A. suzannae........................... ............................... I......................... 7/1/75
A. thorncroftii....................... ............................... I......................... 7/1/75
A. versicolor......................... ............................... I......................... 7/1/75
A. vossii............................. ............................... I......................... 7/1/75
Family Magnoliaceae: Magnolia family:
Magnolia (=Talauma) hodgsonii......... ............................... III (Nepal)............... 11/16/75
Family Meliaceae: Mahogany family:
Swietenia humilis..................... Pacific coast mahogany........ II........................ 7/1/75
S. macrophylla (populations in the Bigleaf mahogany.............. III (Bolivia, Brazil, 11/16/95
Americas, including logs, sawn wood, Costa Rica, Mexico).
and veneer sheets, but not other
parts or derivatives).
S. mahagoni (including logs, sawn Caribbean mahogany............ II........................ 6/11/92
wood, and veneer sheets, but not
other parts or derivatives).
Family Nepenthaceae: Old World pitcher-plant family:
Nepenthes spp. (all species except Tropical pitcher plants....... II........................ 10/22/87
those in App. I).
N. khasiana........................... Indian tropical pitcher plant. I......................... 10/22/87
N. rajah.............................. Giant tropical pitcher plant.. I......................... 6/6/81
Family Orchidaceae (= Apostasiaceae, Orchid family:
Cypripediaceae) (note general
exclusions and exceptions in
introductory text):
All species except those in App. I.... Orchids....................... II........................ 7/1/75
Cattleya trianae...................... Christmas orchid.............. I......................... 7/1/75
Dendrobium cruentum................... ............................... I......................... 7/1/75
Laelia jongheana...................... ............................... I......................... 7/1/75
L. lobata............................. ............................... I......................... 7/1/75
Paphiopedilum spp..................... Asian tropical lady's slippers I......................... 7/1/75
Peristeria elata...................... Holy Ghost, Dove orchid....... I......................... 7/1/75
Phragmipedium spp. (includes New World tropical lady's I......................... 7/1/75
Mexipedium sp.). slippers.
Renanthera imschootiana............... ............................... I......................... 7/1/75
Vanda coerulea........................ Blue vanda.................... I......................... 7/1/75
Family Orobanchaceae: Broomrape family:
Cistanche deserticola................. Desert cistanche.............. II........................ 7/19/00
Family Palmae (=Arecaceae): Palm family:
Chrysalidocarpus decipiens............ ............................... II........................ 2/4/77
Neodypsis decaryi..................... Triangle palm................. II........................ 7/1/75
[[Page 119]]
Family Papaveraceae: Poppy family:
Meconopsis regia...................... ............................... III (Nepal)............... 11/16/75
Family Pinaceae: Pine family:
Abies guatemalensis................... Guatemalan fir................ I......................... 7/1/75
Family Podocarpaceae: Podocarp family:
Podocarpus neriifolius................ ............................... III (Nepal)............... 11/16/75
P. parlatorei......................... Parlatore's podocarp, I......................... 7/1/75
Monteromero.
Family Podophyllaceae (see
Berberidaceae)
Family Portulacaceae: Portulaca family:
Anacampseros spp. (including A. [= ............................... II........................ 7/1/75
Grahamia]australiana, A. [=G.]
kurtzii).
Avonia spp. (formerly a part of ............................... II........................ 7/1/75
Anacampseros spp.).
Lewisia maguirei...................... Maguire's lewisia............. II........................ 7/29/83
L. serrata............................ Saw-toothed lewisia........... II........................ 7/29/83
Family Primulaceae: Primrose family:
Cyclamen spp., excluding artificially Cyclamens..................... II........................ 7/1/75
propagated specimens of the cultivars
of Cyclamen persicum (except when
traded as dormant tubers).
Family Proteaceae: Protea family:
Orothamnus zeyheri.................... Marsh-rose.................... II........................ 7/1/75
Protea odorata........................ Ground-rose................... II........................ 7/1/75
Family Ranunculaceae: Buttercup family:
Adonis vernalis....................... Spring adonis................. II........................ 7/19/00
Hydrastis canadensis (whole and sliced Goldenseal.................... II........................ 9/18/97
roots and parts of roots, excluding
manufactured parts or derivatives
such as powders, pills, extracts,
tonics, teas, and confectionery).
Family Rosaceae: Rose family:
Prunus africana....................... African cherry................ II........................ 2/16/95
Family Rubiaceae: Coffee family:
Balmea stormiae....................... Ayuque........................ I......................... 7/1/75
Family Sarraceniaceae: New World pitcher-plant family:
Sarracenia spp. (all species and Trumpet pitcher plants........ II........................ 10/22/87
natural hybrids except species in
App. I).
S. alabamensis subsp. alabamensis (=S. Alabama canebrake pitcher I......................... 6/6/81
rubra subsp. alabamensis). plant.
S. jonesii (=S. rubra subsp. jonesii). Mountain sweet pitcher plant.. I......................... 6/6/81
S. oreophila.......................... Green pitcher plant........... I......................... 6/6/81
Family Scrophulariaceae: Figwort family:
Picrorhiza kurrooa (whole and sliced Kutki......................... II........................ 9/18/97
roots and parts of roots, excluding
manufactured parts or derivatives
such as powders, pills, extracts,
tonics, teas, and confectionery).
Family Stangeriaceae: Stangeria family:
Bowenia spp. (formerly in Zamiaceae).. Bipinnate cycads.............. II........................ 2/4/77
Stangeria eriopus (=S. paradoxa)...... Stangeria, Fern-leafed cycad.. I......................... 7/1/75
Family Taxaceae: Yew family:
Taxus wallichiana (=T. baccata subs. Himalayan yew................. II........................ 2/16/95
wallichiana) (except chemical
derivatives and finished
pharmaceutical products).
Family Tetracentraceae: Tetracentron family:
Tetracentron sinense.................. Tetracentron.................. III (Nepal)............... 11/16/75
Family Thymelaeaceae (=Aquilariaceae): Mezereon family:
Aquilaria malaccensis................. Agarwood, Aloewood............ II........................ 2/16/95
Family Valerianaceae: Valerian family:
Nardostachys grandiflora Himalayan nard or spikenard... II........................ 9/18/97
(=Nardostachys jatamansi misapplied)
(whole and sliced roots and parts of
roots, excluding manufactured parts
or derivatives such as powders,
pills, extracts, tonics, teas, and
confectionery).
Family Welwitschiaceae: Welwitschia family:
Welwitschia mirabilis (=W. bainesii).. Welwitschia................... II........................ 7/1/75
Family Zamiaceae: Cycad family:
All species except those in App. I.... ............................... II........................ 2/4/77
Ceratozamia spp....................... Ceratozamias, Horncones....... I......................... 2/4/77
Chigua spp............................ ............................... I......................... 2/4/77
Encephalartos spp..................... Bread palms, African cycads... I......................... 7/1/75
Microcycas calocoma................... Palma corcho, Microcycas...... I......................... 7/1/75
Family Zingiberaceae: Ginger family:
Hedychium philippinense............... Philippine garland flower..... II........................ 7/1/75
Family Zygophyllaceae: Cresote-bush family:
Guaiacum officinale................... Commoner lignum vitae......... II........................ 6/11/92
[[Page 120]]
G. sanctum............................ Holywood lignum vitae......... II........................ 7/1/75
----------------------------------------------------------------------------------------------------------------
[60 FR 52450, Oct. 6, 1995, as amended at 61 FR 6795, Feb. 22, 1996; 63
FR 26740, May 14, 1998; 63 FR 58327, Oct. 30, 1998; 63 FR 63212, 63214,
Nov. 12, 1998; 64 FR 31991, June 15, 1999; 66 FR 27610, May 18, 2001]
Subpart D--Public Participation in the Development of Negotiating
Positions for Meetings of the Conference of the Parties to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora; Federal Agency Consultation
Source: 45 FR 83238, Dec. 18, 1980, unless otherwise noted.
Sec. 23.31 Purpose of regulations.
The regulation contained in this subpart sets out procedures for
participation of the public and consultation with appropriate Federal
agencies in the Service's process of developing negotiating positions to
be used by the representative of the United States to meetings of the
Conference of the Parties to the Convention provided for by Article XI
of the Convention.
Sec. 23.32 Notice of meeting of Conference of the Parties to the Convention.
(a) Upon receipt of a notice of a meeting to the Conference of the
Parties to the Convention, the director shall publish in the Federal
Register a notice setting forth the time and place of the meeting, and
the proposed agenda, and inviting the public to comment and provide
information on agenda items including, when appropriate, suggestions for
additional agenda items.
(b) Upon receipt from the CITES Secretariat of a notice of
additional agenda items, the Director shall publish in the Federal
Register a notice inviting the public to comment and provide information
on such items.
Sec. 23.33 Notice of proposed negotiating positions.
Subsequent to the comment period of the notice of meeting of the
Conference of the Parties to the Convention, the Director shall publish
in the Federal Register a notice of proposed negotiating positions
setting forth a summary of the information and comments received in
response to any of the notices mentioned in Sec. 23.33, the negotiating
positions which the Service proposes to use at the meetings of the
Conference of the Parties to the Convention, and the basis thereof, and
inviting information and comments on the proposed negotiating positions.
The notice will also set forth the time and place of at least one public
meeting to provide information and comments on the proposed negotiating
positions of the Service.
Sec. 23.34 Public meetings.
The Service shall hold at least one public meeting to enable
interested persons to provide information and comments on the proposed
agenda and at least one such public meeting on the proposed negotiating
positions of the Service. Written statements may be submitted to the
Service before and at the meeting. Appointments to speak at the meetings
may be made with the Federal Wildlife Permit Office, Washington, DC
20240 (703/235-2418). Participants without prior appointments will be
given an opportunity to speak to the extent time allows following
speakers with appointments.
Sec. 23.35 Notice of negotiating positions.
Subsequent to the comment period of the notice of proposed
negotiating positions, and after all associated public meetings have
been held, the Director shall publish in the Federal Register a notice
setting forth (a) a summary of
[[Page 121]]
the information and comments received in response to the notice of
proposed negotiationg positions, (b) a summary of negotiating positions
of the Service to be used by the representative of the United States to
the meeting of the Conference of the Parties to the Convention, and (c)
the basis of such negotiating positions.
Sec. 23.36 Schedule of public meetings and notices.
The Director shall publish in the Federal Register a schedule,
subject to change and modification, of all public meetings and notices
related to preparation of negotiating positions for meetings of the
Conference of the Parties to the Convention.
Sec. 23.37 Federal agency consultation.
The Service shall consult with appropriate Federal agencies in the
development of negotiating positions.
Sec. 23.38 Modifications of procedures and negotiating positions.
(a) Any of the procedures in Sec.Sec. 23.32 through 23.36 may be
modified or suspended by the Director on notice published in the Federal
Register where to follow the procedures would interfere with the timely
or appropriate development of negotiating positions.
(b) Any of the negotiating positions set forth in a notice of
negotiating positions may be modified, reversed or abandoned by the
United States representative to a meeting of the Conference of the
Parties to the Convention where to do so would be in the best interests
of the United States.
Sec. 23.39 Notice of availability of official report.
After any meeting of the Conference of the Parties to the Convention
attended by a United States representative, the Service shall publish a
notice of availability of the official report of such representative and
set forth how and where copies of such report can be obtained.
Subpart E--Scientific Authority Advice [Reserved]
Subpart F--Export of Certain Species
Source: 45 FR 80446, Dec. 4, 1980, unless otherwise noted.
Sec. 23.51 American ginseng (Panax quinquefolius).
State populations for which the export of the indicated season's
harvest may be permitted under Sec. 23.15 of this part:
(a) 1978 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Missouri, New York, North
Carolina, Pennsylvania, Tennessee, Virginia, West Virginia, and
Wisconsin.
Conditions on findings: Roots must be documented as to state of
origin and season of collecting.
For further information see: 43 FR 29469, July 7, 1978; 43 FR 35013,
Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1,
1978.
(b) 1979 Harvest: Arkansas, Georgia, Illinois, Iowa, Kentucky,
Maryland, Minnesota, Missouri, North Carolina, Ohio, Tennessee,
Virginia, West Virginia, and Wisconsin.
Conditions on findings: Roots must be documented as to state of
origin and season of collecting. Wild roots must be certified by the
state as legally collected. For further information see: 44 FR 25384,
Apr. 30, 1979; 44 FR 3107, June 1, 1979; and 44 FR 47912, Aug. 15, 1979.
(c) 1980 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa,
Kentucky, Maryland, Minnesota, Missouri, New York, North Carolina, Ohio,
Tennessee, Virginia, West Virginia, and Wisconsin.
Conditions on findings: Roots must be documented as to state or
origin and season of collecting. Wild and cultivated roots must be
certified by the state as legally collected, and such certification must
be presented upon export.
(d) 1981 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa,
Kentucky, Maryland, Minnesota, Missouri, North Carolina, Ohio,
Tennessee, Vermont (artificially propagated ginseng only), Virginia,
West Virginia, Wisconsin.
Condition on findings: Roots must be documented as to state of
origin and season of collecting. Wild and cultivated roots must be
certified by the state as legally collected and
[[Page 122]]
such certification must be presented upon export. Vermont is approved
for export of artificially propagated ginseng roots only.
(e)(1) 1982-1993 harvests (wild and cultivated roots for each year
unless noted).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harvest years
State -----------------------------------------------------------------------------------------------
1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama................................................. -- -- -- -- -- -- X X X X X X
Arkansas................................................ X X X X X X X X X X X X
Georgia................................................. X X X X X X X X X X X X
Illinois................................................ X X X X X X X X X X X X
Indiana................................................. X X X X X X X X X X X X
Iowa.................................................... X X X X X X X X X X X X
Kentucky................................................ X X X X X X X X X X X X
Maryland................................................ X X X X X X X X X X X X
Minnesota............................................... X X X X X X X X X X X X
Missouri................................................ X X X X X X X X X X X X
New York................................................ -- -- -- -- -- -- X X X X X X
North Carolina.......................................... X X X X X X X X X X X X
Ohio.................................................... X X X X X X X X X X X X
Pennsylvania............................................ -- -- -- -- -- -- X X X X X X
Tennessee............................................... X X X X X X X X X X X X
Vermont................................................. X X X X X X X X X X X X
Virginia................................................ X X X X X X X X X X X X
West Virginia........................................... X X X X X X X X X X X X
Wisconsin............................................... X X X X X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
X: Export approval granted for wild and cultivated ginseng harvested in State indicated.
--: Export not requested or not granted.
a: Export approval only for artificially propagated (cultivated) ginseng harvested in State indicated.
(2) Conditions on export: All plants and roots must be documented as
to State of origin, season of collection, and dry or green (fresh)
weight. The State must certify whether roots and plants originated in
that State, are wild or cultivated (artificially propagated) specimens,
and were legally obtained in a particular season. Such State
certification, a current Federal export document, an executed dealer or
exporter's invoice, and the ginseng must be presented upon export. All
other export procedures must be followed as described by the Service in
this rule. The State must maintain ginseng management and harvest
programs, as described by the Service in this rule, and annual ginseng
program data for the preceding harvest season should be available to the
Office of Management Authority by May 31 of each year. Export procedures
must be completed as outlined and discussed in this paragraph.
Note. American ginseng purchased from non-export approved States by
State-registered ginseng dealers for domestic use and commerce must be
reported to the State of registration, along with all other ginseng
commerce. Such ginseng is not eligible for export from the United States
and must be dealer-maintained physically separated from that ginseng
eligible for export from this country so that there is no chance of
intermingling the specimens.
[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 49
FR 34023, Aug. 24, 1984; 50 FR 39696, Sept. 30, 1985; 50 FR 42027, Oct.
17, 1985; 53 FR 33819, Sept. 1, 1988; 56 FR 41810, Aug. 23, 1991; 63 FR
63212, Nov. 12, 1998]
Sec. 23.52 Bobcat (Lynx rufus).
States for which the export of the indicated season's harvest may be
permitted under Sec. 23.15 of this part:
(a) States and Harvest Seasons Approved for Export of Bobcat From
the United States.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1983 and 1987 and 1988 and
1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 subsequent subsequent subsequent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama........................................... + + + + + + + + +
Arizona........................................... + + + + + + + + +
Arkansas.......................................... + + + + + + + + +
California........................................ + + + + + + + + +
Colorado.......................................... + + + + + + + + +
Florida........................................... + + E + + + + + +
[[Page 123]]
Georgia........................................... + + + + + + + + +
Idaho............................................. + + + + + + + + +
Kansas............................................ + + + + + + + + +
Kentucky.......................................... - - - - - - - + +
Klamath Tribe..................................... - - - - + + + + +
Louisiana......................................... + + + + + + + + +
Maine............................................. + + + + + + + + +
Massachusetts..................................... + + E + + + + + +
Michigan.......................................... + + + + + + + + +
Minnesota......................................... + + + + + + + + +
Mississippi....................................... + + + + + + + + +
Missouri.......................................... - - - + + + + + +
Montana........................................... + + + + + + + + +
Navajo Nation..................................... + + + + + + + + +
Nebraska.......................................... + + + + + + + + +
Nevada............................................ + + + + + + + + +
New Hampshire..................................... - - - + + + + + +
New Mexico........................................ + + E + + + + + +
New York.......................................... + + + + + + + + +
North Carolina.................................... + + + + + + + + +
North Dakota...................................... + + E + + + + + +
Oklahoma.......................................... - - + + + + + + +
Oregon............................................ + + E(1) + + + + + +
Penobscot Nation.................................. - - - - - - + + +
South Carolina.................................... + + + + + + + + +
South Dakota...................................... + + + + + + + + +
Tennessee......................................... + + + + + + + + +
Texas............................................. + + E(2) + + + + + +
Utah.............................................. - - + + + + + + +
Vermont........................................... + + + + + + + + +
Virginia.......................................... + + + + + + + + +
Washington........................................ + + + + + + + + +
West Virginia..................................... + + + + + + + + +
Wisconsin......................................... + E + + + + + + +
White Mt Tribe.................................... - - - - - - - + +
Wind River Reservation............................ - - - - - - - - +
Wisconsin......................................... + + E + + + + + +
Wyoming........................................... + + + + + + + + +
--------------------------------------------------------------------------------------------------------------------------------------------------------
+ Export approval.
- Export not approved.
E 1979-80 bobcat export enjoined by U.S. District Court, District of Columbia.
E(1) As above but for eastern portion of State.
E(2) As above but for high plains ecological area.
(b) Condition on export: Each pelt must be clearly identified as to
species; State, Indian Tribe, or Indian Nation of origin; and season of
taking by a permanently attached, serially numbered tag of a type
approved by and attached under conditions established by the Service.
Exception to tagging requirement: finished furs and fully manufactured
fur products may only be exported from the United States when the State,
Indian Tribe, or Indian Nation export tags, removed from the hides used
to manufacture the product being exported, are surrendered to the
Service at the time of export. Such tags must be removed by cutting the
tag strap on the female side next to the locking socket of the tag so
the locking socket and locking tip remain joined.
[45 FR 80446, Dec. 4, 1980, as amended at 54 FR 985, Jan. 11, 1989]
Sec. 23.53 River otter (Lontra canadensis)
States for which we permit the export of the indicated season's take
under Sec. 23.15 of this part:
(a) States and Indian Nations, and Seasons Approved for Export of
River Otter From the United States:
[[Page 124]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1977-78 1978-79 1979-80 1983-84 1995-96 1996-98 1998-99
\1\ \2\ \3\ 1980-81 1981-82 1982-83 and future and future and future and future
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama........................ Q + + + + + + + + +
Alaska......................... + + + + + + + + + +
Arkansas....................... Q + + + + + + + + +
Connecticut.................... Q + + + + + + + + +
Delaware....................... Q + + + + + + + + +
Florida........................ Q + + + + + + + + +
Georgia........................ Q + + + + + + + + +
Louisiana...................... Q + + + + + + + + +
Maine.......................... Q + + + + + + + + +
Maryland....................... Q + + + + + + + + +
Massachusetts.................. Q + + + + + + + + +
Michigan....................... Q + + + + + + + + +
Minnesota...................... Q + + + + + + + + +
Mississippi.................... Q + + + + + + + + +
Missouri....................... - - - - - - - - + \5\ +
Montana........................ Q + + + + + + + + +
New Hampshire.................. Q + + + + + + + + +
New Jersey..................... - - - - - + + + + +
New York....................... Q + + + + + + + + +
North Carolina................. Q + + + + + + + + +
Oregon......................... Q + + + + + + + + +
Penobscot Nation............... - - - - - - + + + ..........
Rhode Island................... Q + - - - - - - - -
South Carolina................. Q + + + + + + + + +
Tennessee...................... - - - - - - - + \4\ + +
Vermont........................ Q + + + + + + + + +
Virginia....................... Q + + + + + + + + +
Washington..................... Q + + + + + + + + +
Wisconsin...................... Q + + + + + + + + +
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For further information, see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.
\2\ For further information, see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR
35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978.
\3\ For further information, see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44
FR 55540, Sept. 26, 1979.
\4\ Export for 1994-95 approved administratively (for Tennessee).
\5\ Export for 1996-97 and 1997-98 approved administratively (for Missouri).
Q Export approved with quota.
+ Export approved.
- Export not approved.
(b) Condition on export: Exporters must clearly identify each pelt
as to species, State or Indian Nation of origin, and season of taking by
permanently attaching a serially numbered tag of a type approved and
provided by the Service and attached under conditions established by the
Service. Exception to the tagging requirement: We will allow the export
of fully manufactured fur or hide products from the United States only
when the CITES export tags removed from the hides prior to manufacture
are surrendered to us prior to export. Such tags must be removed by
cutting the tag straps on the side next to the locking socket of the
tag, so that the locking socket and locking tip remain joined.
[64 FR 774, Jan. 6, 1999]
Sec. 23.54 Lynx (Lynx canadensis).
States for which the export of the indicated season's harvest may be
permitted under Sec. 23.15 of this part:
(a) 1977-78 Harvest: Alaska (open), Idaho (Quota 25), Minnesota (Q
25), Montana (Q 200), Washington (Q 35).
For further information: See 42 FR 43729, Aug. 30, 1977; 43 FR
11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.
(b) 1978-79 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.
Condition on findings: Pelts must be clearly identified as to state
of origin and season of taking.
For further information: See 43 FR 11096, Mar. 16, 1978; 43 FR
13913, Apr. 3, 1978, 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7,
1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978, and 43 FR
39305, Sept. 1, 1978.
(c) 1979-80 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.
[[Page 125]]
Conditions on findings: Pelts must be clearly identified as to state
of origin and state of taking, including tagging according to standards
and conditions established by the Service.
For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR
31585, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7,
1979; and 44 FR 55540, Sept. 26, 1979.
(d) 1980-81 Harvest: Alaska, Minnesota, Montana.
Condition on finding: Pelts must be clearly identified as to state
of origin and season of taking, including tagging according to
conditions established by the Service.
(e) 1981-82 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.
Condition on findings: Pelts must be clearly identified as to state
of origin and season of taking, including tagging according to
conditions established by the Service.
(f) 1982-83 Harvest: Alaska, Idaho, Minnesota, Montana, and
Washington.
Condition on export: Each pelt must be clearly identified as to
state of origin and season of taking by a permanently attached state tag
of a type approved by the Service and attached under conditions
established by the Service.
(g) 1983-84 and Subsequent Harvests: Alaska, Idaho, Minnesota,
Montana, and Washington.
Condition on export: Each pelt must be clearly identified as to
species, State of origin and season of taking by a permanently attached,
serially numbered tag of a type approved by the Service and attached
under conditions established by the Service. Exception to tagging
requirement: for the 1983-84 and previous seasons, finished furs and
fully manufactured fur products may be exported from the U.S. when
accompanied by the State tags removed in a manner described by the
Service from pelts contained in the products, such tags must be removed
by cutting the tag strap on the female side next to the locking socket
of the tag so that the locking socket and locking tip remain joined, and
such tags must be surrendered to the Service prior to export.
[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]
Sec. 23.55 Gray wolf (Canis lupus).
State for which the export of the indicated season's harvest may be
permitted under Sec. 23.15 of this part:
(a) 1977-78 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(b) 1978-79 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(c) 1979-80 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7,
1979; and 44 FR 55540, Sept. 26, 1979.
(d) 1980-81 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(e) 1981-82 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the State
of Alaska.
(f) 1982-83 Harvest: Alaska.
Condition on export: Each pelt must be clearly identified as to
state of origin and season of taking by a permanently attached state tag
of a type approved by the Service and attached under conditions
established by the Service.
(g) 1983-84 and Subsequent Harvests: Alaska.
Condition on export: Each pelt must be clearly identified as to
species, State of origin and season of taking by a permanently attached,
serially numbered State tag of a type approved and attached under
conditions established by the Service. Exception to tagging requirement:
for the 1983-84 and previous seasons, finished furs and fully
manufactured fur products may be exported from the U.S. when accompanied
by the State tags removed in a manner described by the Service from
pelts contained in the products, such tags must be removed by cutting
the tag strap on the female side next to the locking socket of the tag
so that the locking socket and locking tip remain joined, and such tags
must be surrendered to the Service prior to export.
[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]
Sec. 23.56 Brown bear (Ursus arctos).
State for which the export of the indicated season's harvest may be
permitted under Sec. 23.15 of this part:
(a) 1977-78 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(b) 1978-79 Harvest: Alaska.
[[Page 126]]
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(c) 1979-80 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7,
1979; and 44 FR 55540, Sept. 26, 1979.
(d) 1980-81 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the state
of Alaska.
(e) 1981-82 Harvest: Alaska.
Condition on findings: Pelts must be tagged as required by the State
of Alaska.
(f) 1982-83 Harvest: Alaska.
Condition on export: Each pelt must be clearly identified as to
state of origin and season of taking by a permanently attached state tag
of a type approved by the Service and attached under conditions
established by the Service.
(g) 1983-84 and Subsequent Harvests: Alaska.
Condition on export: Each pelt must be clearly identified as to
species, State of origin and season of taking by a permanently attached,
serially numbered State tag of a type approved by the Service and
attached under conditions established by the Service.
[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47
FR 54971, Dec. 7, 1982; 49 FR 595, Jan. 5, 1984]
Sec. 23.57 American alligator (Alligator mississippiensis).
States for which the export of the indicated season's harvest may be
permitted under Sec. 23.15 of this part:
(a) 1979-1997 harvests (wild and farm-raised for each year unless
noted).
----------------------------------------------------------------------------------------------------------------
AL AR FL GA LA MS SC TX
----------------------------------------------------------------------------------------------------------------
1979............................ - - + - + - - -
1980............................ - - + - + - - -
1981............................ - - + - + - - -
1982............................ - - + - + - - -
1983............................ - - + - + - - -
1984............................ - - + - + - - +
1985............................ - - + - + - - +
1986............................ - - + - + - - +
1987............................ - - + - + - - +
1988............................ - - + + + - + +
1989............................ + - + + + + + +
1990............................ + - + + + + + +
1991............................ + - + + + + + +
1992............................ + - + + + + + +
1993............................ + - + + + + + +
1994............................ + F + + + + + +
1995............................ + F + + + + + +
1996............................ + F + + + + + +
1997............................ + F + + + + + +
----------------------------------------------------------------------------------------------------------------
+ = export approved.
F = export approved for farm-raised only.
- = export not approved.
(b) Condition on initial export from the United States. (1) Each
hide (full skin) must be clearly identified by a durable, permanently
locking Convention export tag bearing a legend showing the US-CITES
logo, State of origin, species, year of take, and a unique serial
number. The tag must be inserted through the hide and permanently locked
in place using the locking mechanism of the tag and in accordance with
State requirements. Hides with broken tags may not be exported. Prior to
export and upon submission of documentation to show legality of the
hide, broken tags may be replaced with CITES replacement tags. Hides
with valid CITES replacement tags are eligible for export.
(2) US-CITES export tags that were removed from the hides used to
manufacture products to be exported must be surrendered to the Service
prior to the export of those products.
(3) Meat from legally harvested and tagged alligators shall be
packed in State-uniform containers, permanently sealed and labeled as
required by State law. Bulk meat containers shall be marked with a State
``parts tag'' or
[[Page 127]]
``bulk meat tag'' permanently attached indicating, at a minimum, State
of origin, year of take, species, original hide export tag number,
weight of meat in the container, and identification of State licensed
processor or packer.
(4) Small parts such as tails, throats, feet, or backstrips shall be
packed in transparent, sealed containers clearly marked with a parts
tag. Parts tags shall supply at a minimum the State of origin, species,
original hide export tag number, and weight of the parts in the
container.
(5) American alligator skulls shall be marked as required by State
law. This marking shall include, at a minimum, reference to a valid US-
CITES tag number.
[53 FR 30683, Aug. 15, 1988, as amended at 54 FR 33233, Aug. 14, 1989;
57 FR 21899, May 26, 1992; 60 FR 43407, 43408, Aug. 21, 1995]
PART 24--IMPORTATION AND EXPORTATION OF PLANTS--Table of Contents
Subpart A--Introduction
Sec.
24.1 Purpose of regulations.
24.2 Scope of regulations.
Subpart B--Importation and Exportation at Designated Ports
24.11 General restrictions.
24.12 Designated ports.
Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897
(16 U.S.C. 1538(f)(1), 1540(f)).
Source: 49 FR 42941, Oct. 25, 1984, unless otherwise noted.
Subpart A--Introduction
Sec. 24.1 Purpose of regulations.
The regulations contained in this part are for the purpose of
establishing ports for the importation, exportation and reexportation of
plants.
Sec. 24.2 Scope of regulations.
The provisions in this part are in addition to, and do not
supersede, other regulations in this chapter. Also, the U.S. Department
of Agriculture administers the Plant Quarantine Act, as amended (7
U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C.
150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801
et seq.), which contain authority for additional prohibitions and
restrictions, including additional port of entry requirements, for the
importation or exportation of plants (See 7 CFR chapter III for
regulations containing prohibitions and restrictions under these
authorities).
Subpart B--Importation and Exportation at Designated Ports
Sec. 24.11 General restrictions.
No person shall import, export, or reexport plants at any place
other than at a port designated in 24.12 (hereinafter ``designated
port'') in accordance with the provisions of this part, unless otherwise
specifically authorized by the Service at a nondesignated port in
accordance with section 9(f)(1) of the Endangered Species Act of 1973,
as amended.